POLICE COURT.

New Zealander, Volume 2, Issue 54, 13 June 1846, Page 3

POLICE COURT.

Before T: Beckham, Esq., Polive Magistrate. John Maloney, was charged on Monday, the Ist June, with having committed a violent assault on his wife, Ellen Maloney, and as her life was in danger from the wounds inflicted, he has been from time to time remanded. However, on Wednesday morning last, she died, and the prisoner was brought up on Thursday morning befoie the Chief Police Magistrate. The evidence of the Chief Constable was, that on Saturday evening, the 30lh May, he was sent for to the house of the prisoner in Shortlandstreet, and after entering the shop, he went down stairs to the room below. He there found Mis. Maloney lying on the floor, about fourteen feet from the stairs, with her head towards them. She was bleeding, from the head, profusely from two severe cuts. The prisoner and his bookkeeper, of the name of Fallowdown, were, also, in the room. The prisoner said his wife was drunk, and had tumbled down stairs $ but she said, that she was sober and had^iot, but th,at i Malpney had struck her. Ther^vvjas a spade on the floor, which had some marks-and spots of fresh blood on it. Fallowdownsaidthat Maloney had struck her with the spade, and that he had separated them. The spade, the jwitness pioduced, was that which he found in the room on that evening. The person, Fallowdown, has, since the evening of the assault, absented himself. On Thursday morning last, at the request of the Police Magistrate, Dr.s. Davies and Ford held a post mortem examination on the body of the deceased, and afterwards were examined., Dr. Davies deposed, that on examining the head of the deceased, in conjunction with Dr. Ford, that they found a wound of three inches in length and one inch in depth, above the left ear one inch. There was also fracture of the skull, to the extent of about two inches, passing through the skull into the brain. Posteriorly the internal table of the bkull was pressing on the brain. A little interior to the vertex (crown of the head), they discovered another wound three inches in length, aud half an inch deep, extending down to, and under, the cover of the bone. Such was the external appearance of the head. On removing the scalp, considerable extravasation of blood was found above the right ear. The length of the fraciure of the skull above the left ear was two inches, of a semi-circular shape. The edges of the fracture of the skull were much jajjyed, shelving downwards and overlapping. The internal fractures corresponded with the external appearances. Two detached portions of the skull driven into the brain, with the membranes of the brain overlapping. The membranes were adhering to those portions of the bone from recent inflammation. One portion yf the bone was as large as a shilling j the other somewhat smaller. The vessels of the brain were generally very turgid. On the right side of the head above the right ear, and correspond ing with the external injuries, they tound a s:a«;!l quantity of matter. On the right side of the brain, and extending into the lateral verticle, they found about half an ounce of blood — and on the left side of the brain over the edr, similar deposit of matter was found, Mr. Bartley, for the prisoner, questioned Dr. Davies as to the medical persons present at the post mortem examination, when he stated that only himself a/id Dr. Ford were present. Dr. Davies then resumed, and stated— a quantity of blood was found on the base of the brain, about half an ounce. On the left side, upon dividing the bivim, they found that the fiactuied portions of t..e skull had penetrated about half an inch into the substance 01 the brain. Ontheleft aim was found an externally recently cicatrized bone, half an inch in length, with extravasation of blood on the integument. The neck was very much|swolleii,and on opening, a lurge quantity of coagulated blood was found. The contents of the chest were healthy. The heart was soft and flabby, and about an ounce of fluid — half blood and half water was found in the covering of the heart. The kidneys were soft — pieternaturallyso. The cause of her death arose from the injuries on the skull above the left ear, which were quite sufficient to occasion death. The portion of matter found on the brain appeared to be not of recent date, and there was no apparent connection between it and the injuries just committed. On cross-examination, by Mr. Bartley, Dr. Davies stated, that the wound on the scalp and that on the arm would >not endanger life. The matter had no cennection with the recent wounds and would not have caused immediate death. Death ensued from the wound over the left ear, and not from that on the back of the head. In answer to a question by the Court, Dr. Davies stated that the wound might have been given by a blunt instrument. (The spade was then produced and shewn to witness.) The wound over the lelt ear corresponded with the semi-circular shape of the edge of the spade — aud the external wound also, but not so much. The wound must have been caused by some instrument forming the segment of a circle. Dr. Ford was also examined, and corroborated the evidence of Dr. Da vies. The prisoner was then remanded to the following day, and again until Saturdd\. He is placed under a strong night giurd to event any attempt of rescue. The unfortunate deceased was buried on Thursday evening, in the Catholic burial ground.