ROMANTIC TRAGEDY IN MELBOURNE.

Daily Telegraph (Napier), Issue 3499, 23 September 1882, Page 4

ROMANTIC TRAGEDY IN MELBOURNE.

At the Central Criminal Court yesterday (says the Melbourne Age of 24-th August), before Mr Justice Williams, Arthur Sieber, a Hungarian, was presented on a capital charge of shooting at a girl named Elizabeth Malier, with intent to murder, on the 23rd April last. Mr Chomley appeared for the Crown, and Mr M'Dermott for the accused. In opening the case, Mr Chomley said the defence to be set up was that of insanity ; but the jury, before allowing that to have weight, would first consider whether the prisoner was irrational before tho act for which he was now being tried was committed, otherwise crimes would be excused on account of their enormity. Elizabeth Malier repeated the evidence given by her at the police court, which was to the effect that she was making beds in the hotel when the prisoner came up, put his arms around her, and asked her if she was prepared to die. He then fired three shots at her. Dr. Moloney deposed to having seen Sieber on the day in question, when he had a large stab in his side, and was in an almost dying state. He also examined Miss Maher, and found her suffering from a large gun-shot wound, afc the end of which was a bullet. Constable Smith said that the prisoner had made the following statement to him, which ho took down in writing : —' I like Lizzie very much. She is a good girl, and promised me something. I asked her to fulfil her promise, when she asked me to forgive her, as she did not mean what she had said. I stabbed myself too low down. What a pity. I wish I could die. Please shoot me through the heart. Glo into No. 3 room, and you will find a letter there ;it is for my brother. I worked afc a store in Melbourne. Mr Kadovitch will tell you where ifc is. Leave the letter there.' At the close of the case, Mr M'Dermott asked whether the Crown did not intend to call witnesses to prove tbe prisoner's sanity. Mr Cbomley replied that the law supposed every man to be sane until it could be shown on his behalf that he was not. Dr. Henry was called, and stated that he had examined Sieber, ~nd gave a number of reasons why he considered him insane. Five other witnesses were also called, who narrated acts committed by the accused with the view of showing his derangement of mind. His Honor having summed up, the jury, after a consideration of 25 minutes, returned into Court with a verdict of Guilty. In answer to the visual question as to whether he had anything to say why the sentence of death should not be passed, the prisoner, after a pause, said, ' I want no mercy but death. Ido not want to live, as I have nothing to live for. I have lost my friends, my country, and my sweetheart, and I beg that my life may not be spared.' His Honor, addressing the prisoner with tears in his eyes, said he could not comply with the wishes of the prisoner. According to the powers which lie, as Judge, possessed, he might either pass sentence of death, or record sentence of death, and in this case he would do the latter. He (his Honor) would also exert his influence before the Executive Council to have the sentence which might be passed carried out without solitary confinement, so that his (the prisoner's) mind might not become any more degranged. The Court then adjourned sine die.