THE MALAQUIN CASE.

Star (Christchurch), Issue 16352, 15 February 1921, Page 7

THE MALAQUIN CASE.

Supreme Court Trial Begins. Charge of Attempted Murder Against Husband. Mrs Malapin in Witness Box. Frederick Charles Malaquin was brought up for trial before his Honor, Mr Justice Herdman, in the Supreme Court this morning on the charge that on November 7, 1920, lie did attempt to murder Ruth Irene Malaquin. Mr A. T. Donnelly, Acting-Crown Prosecutor, conducted the case on behalf of the police. Accused, who was represented by Mr M. J. Gresson, pleaded not guilty. While the jury was being empanelled, Mr Gresson exhausted his right of challenge. The Crown challenges were also unusually heavy. Mr George William Wilkinson was chosen as foreman of the jury.

Mr Donnelly said that the case was j ©no that possessed difficult features and j would require careful attention. It j would be necessary for the jury to dis- ! card any preconceived ideas they had. j obtained of the case. Accused was j a carpenter, married in November, | 1917. with one child. On the night of j November G, accused came home to ; New Brighton. Some time about mid- j night, Airs Malaquin wok© up to find j a light in the room. She felt a pain j in her head and there was blood stream- s mg over tho counterpane. Accused j suggested to his wife that she had shot j herself, and his wife was under the j impression that she had been shot l>y; j an intruder. The extraordinary tea- J turn of the transaction was that the j woman went, back to bed and accused went with her. Hero they staved till ! next morning, accused apparently not ! i ealising that the wound was a serious j one. After the woman had been seen ; bv a doctor, she was removed to the j Christchurch Hospital. Accused told the authorities, including the police, that his wife had attempted to commit suiede Subsequently, when it was pointed out that the position of the wound was not consistent with the story of attemped suicide, the accused made a second explanation. He told the detectives that as he was putting tho revolver underneath his pillow it* went oil: accidentally and shop his wife. That story would probably .be put forward by the defence. Evidence of accused’s relationship with other women would fie tendered by the police to establish p motive for Malaquin shooting his wife. Evidence would also bo tendered to show that the revolver required a pull of 101 b, and that tho story that iu went olf accidentally was not likely. Immediately after accused shot his wife he did not go for help : lie suggested that she had attempted to commit suicide. It was an astonishing tiling that if it had been an accident accused should not at once go for a doctor. Ln addition to that there was the fact of accused’s untruthful explanation, his unfaithfulness t«> his wife, and the unlikelihood of tbo revolver going off accidentally. Mr Gresson pointed out that it was not til! next morning that accused suggested to his wife that she had attempted to commit suicide. Mr Donnelly said t-liat attempted suicide was accused’s first explanation, of the occurrence. Accused changed his story when the doctors showed the uctev impossibility of tho injury hadng been self-inflicted by Airs Malaquin. MRS MAT, A QUIN’S STORY. Ruth Irene Malaquin said that she had two children, one born on April 12. 1918. and tho other born on January 20. 1921. On Saturday, November G. accused did not come homo till about 11 p.m. They had some supper and finally wont to bed towards twelve o’clock. Witness lav nearest the window and her husband nearest the fireplace. She was awakened by shock and pain in her face She got up and saw her husband standing up near the* lireplace. Ho said that she had a hole in her face-. She did not know what had happened. Some time later her husband did suggest, that she had injured herself, but sho could not remember when. Mi ; Honor: Where was tho revolver when you woke up? Witness: On <ho bottom of the bed on my husband’s aide. His Honor - Was it on top of the bedclothes? Witness : Yes. 1 think so. Continuing, witness said that her husband picked up the revolver and placed it on Qie duchess© chest. They then went*, hack to bed. His Honor ; Did you realise what had happened? Witness: I did not realise that I had been shot, even when 1 saw the revolver. His Honor: Did you see the wound. Witness: I saw the blood as I passed the looking glass. WAS THERE AN INTRUDER ? Mr Donnelly : Did you know' that you had boon *bot when your husband suggested that, you had done if yourself? Witness: I suppose I must have done. Sh© persuaded her husband not to go o doctor because sho was nervous. Tho only idea site had was that someone was in the house, and that this person had injured her. There was something said about a match being U. bj vorue intruder. She might have allowed her husband to go for the doctor if she had known that lie had shot her. She would not have been so nervous. Witness went to sleep before morning and about 7 o’clock her husband got up. He ’eft >o get the doctor ut about. 9 a.m.. and the doctor sent her to the hospital. While she j wao in hospital, her husband called and said that ho had. accidentally shot ' her. She was surprised to hear that. He said that- ho thought he heard someone in the house. He got up, took the revolver, looked abou-t and found no one there. Ho came back and was putting the revolver under the pillow When it went off. Witness asked her husband why lie had not told her this before and lie replied that he had been scared. Before that witness had the idea that she must have walked in liei sleep n nd done it herself. At first hei , husband confirmed that idea. They • had had tho revolver lor some years. It was usually kept on a nail in the book room Before tho doctor came, j ben husband suggested that the ro ‘ Tolvcr should be broken up. Me broki 1 it up later on the doctor’s advice. Have you lived happily with youi i husband? —Yes. j Is there any, reason you know of wh] your husband should wish to injure ' you?—None whatever th’Sj.t I know of. ‘ To Mr Gresson: Her husband gave - her a handkerchief and helped her to t stop the flow blood, which soon • ceased- On several occasions during > the night her husband begged to be / l allowed to go for a doctor. Most ol tlie r ight she was in a half lly ton-

] dition. She remembered her husband ; j saying during the night that if she did ; : not let him go for the doctor it might j j look black for him. i Did the baby cry out in the night? i ; - -Yes, it cried out from the cot later | on. I answered, and I remember my j j husband saying how glad he was to j ; hear my voice. My husband was ! frightened* ! Did you say to your husband in the I j morning that you used to walk in your ! i sleep when you were a girl?—-Yes- j j That was before he went for the doctor, i j Had your husband been sleeping well 1 j previously?—He had been suffering J from neuralgia for a fortnight, j You felt much better in the morning j and you got up and swept out the room?—Yes. | You doubted whether you had been i hit at all and searched for the bullet? i —Yes. ' v | Your husband had a share beforo J going for the doctor because there was no urgency?—l felt so much better that there was no hurry. • Witness said that sometimes at night her head slipped down from the pillow. Her husband had been a good husband and she regarded the present charge against him as sheer nonsense. They had been living happily together since November. Did Detective Quartermain com© to J see you in hospital?—He tried to find j out whether there had been a quarrel, j I told him there had beeu none. Did he constantly say there j must have been a quarrel?—Yes. ; Did your husband come to you in ! hospital before he was arrested and say j that he had something important to tell j * you when you came out?—Yes. And when you came out lie told you j all about certain relationships with j | other women?—Yes- . ! To Air Donnelly: Witness’s husband ‘ | told her about relationships with other j women before evidence was given in the . i lower Court. ; When did you tell Air Gresson that j your husband said it would look black I for him if you did not allow him to ■ ■ go for the doctor?—-I don’t, remember. ■ | Did your husband remind you of this j j statement or did you think of it vour- j ; | self? T. don’t remember. I would j • have thought of it myself. How often have you seen Air .Ires- j son?—Three times. • You say vou searched for tlie bullet r f Jt may have been silly, but I could * not believe it was in my head. His Honor: When did you realise , j that you had been shot?—l could not sav. * , , , n His Honor: When you saw the blood didn’t vou realise the fact that you had been shot?- T don’t remember, ? Mr Gresson pointed out that witness • had suffered from a certain amount of concussion. i A WOUND IN THE TEMPLE. I Dr W. T. T. Glasgow said _ that on. > Sunday morning, November 7, accused - told witness that his. wife.had shot hor- - self in the temple with a revolver. He c did not seem upaei, saying that his wife I seemed all right. Witness found that t tho wound was nearly superficial. Airs x . Alalaquin said that she did not know r what had happened, and the supposition r was that she had done it herself in ] sleep or that someone from outside had done it When asked why be had not called in. witness earlier, accused said r that his wife would not let him. 'lhat was confirmed by Airs Alalaquin. Wit-.-1 ness suggested that the revolver, which contained one exploded cartridge, _ should be broken up, and accused said that, he was going t-o do this- In the evening accused said he believed Airs r Alalaquin had shot herself in her sleep. I ! To Mr Gresson : Alalaquin asked wity j ness whether the injury would affect j the future of his wife’s unborn child. 1 i Lucretia Alerodith. married woman, living in Lonsdale Street, New Briglii t-on, next door but one to the Alalaj quins, said that Airs Alalaquin spent part of Saturday night- at her house. - [ Next day, at 10.30 a.m., accused I brought his child to witness, saying i that there was an operation in his house Later on accused said his wife had been shot. At first he said he did I not know how she had been shot- Then _ ho said she must have walked in her sleep. On accused said he was innooenfc o+’ the shooting. The Alala--0 quins had lived happily together ns far as witness knew. a INTJfiIIVIEWS WITH ACCUSED. Detective-Sergeant Quartermain said g that on Xovemner 7® at 8.30 p.m., he t saw Mrs Alalaquin in the operating e theatre at the Hospital. With Detecfl tivo Bickerdike, lie then interviewed a accused, who paid he thought Airs P Alalaquin had shot herself while walkr mg in her sleep. On tho way to New e Brighton, witness told Alalaquin that r he believed that either his wife had © attempted to commit suicide or that I he liad shot her. Alalaquin said lie 4 knew of no reason why his wife should attempt to commit suicide- Ho -- repeatedly said that ho did k not know how his wife received her ind jury. At Alalaquin’r, house witness took .s the broken revolver out of a dust-box. *v Alalaqaiin pointed out a tin containing! ;r four bullets that fitted the revolver. In is a linen bag were pillowcases. sheets, n nightdress and handkerchief, all bloodc stained. The pillows showed no signs ;r of having been perforated by a bullet. :r On returning from New Brighton to tine y detective office on Sunday night Alulaquin made a statement in which he ,0 said that he thought his wife had shot 3 herself. He said that he Could not Cl tell how the revolver got into the room. Next morning witness interviewed one of the house surgeons at the hospital. |r Alalaquin was sent for and asked if he had accidentally shot his wife. He rey plied that if he did so it must have j been in his sleep. It was pointed out e S to Alalaquin that the doctors said, from j the course the bullet had taken, it was e impossible for Mrs Alalaquin to have ° inflicted the wound herself. Alalaquin n said. “ Well, I’d better tell you the £ truth. I nee it must com© out.” At »© tlio police station later Alalaquin made )f a ::’;jteinent to the effect that lie was i- awakened on Saurdoy night by a noise

m the house. He walked round and then went back to bed. placing the revolver under the pillow. As lie did so it went off and wounded his wife. Witness asked Alalaquin why he had not gone for the doctor at once. Alalaquin sa.id. ** Aly wife begged and pleaded for me not to leave her. 1 was too frightened to tell her the truth. ’ On Thursday, November 11. recused was again brought to the* police station. He was asked if he knew a girl named *’ A.” His Honor (to the jury): Wo will call this girl and other girls by' initials instead of by their full names, so as not to besmirch their reputations. There is no need for that. Witness, continuing, said that accused admitted that he had made advances to tho girl “A..” who told him to go home to his wife ; that lie had been friendly with married women, " B-” and and that he liad had improper relations with other women. To Air Gresson : Alalaquin gave witness information voluntarily on the Thursday about his relationships with other women. He certainly gave the impression of n man who was sick of telling lies. A statement which witness had made that day concerning an admission by accused regarding h*s relationship with his wife must have slipped from his memory in the Lower Court. Air Donnelly: T mav have forgotten to ask the question Witness said that he endeavoured to find out whether there _had been ,i quarrel on tlio night of November 6-7. He did not prepare n trap for Alalaquin by saying his wife had said there was a quarrel. Airs Alalaquin has said that you were constantly trying to elicit an admission from her to the effect that there had been a quarrel?—l was not prepared to accept her statement. TRACK OF THE BULLET. ! Dr H. T. D Acland, honorary fiur- ' geon at the Christchurch Hospital, i paid iliac on November 15 he removed ; the bullet through the mouth from a | tissue in the right cheek. It was i flattened and out of shape, due to | striking a bone. The track of the I ballot was inwards, downwards, and j backwards from the right temple, j His Honor: Tho revolver must have j been fired from above? —Yes. I Mr Donnelly : Could the woman have ! been shot accidentally while her hr:j band was putting it underneath tin I pillow?—Her head would have to have i been lacing tho ceiling, and inclined | to the right. His Honor: In those positions it could have happened?—Yes, possibly. Mr Donnelly : Tlie woman’s head must have been lower than the pillow? -Yes. Air Gresson : If Airs Alalaquin s head was off the pillow, and Malaquin placed, the revolver under his pillow butt first, that would giro the line of the injury to tlie woman’s head?—Yes. A juryman : How could tlie bullet explode in that position? Air Gresson: T will call an expert to say how it cotild explodeAil* Donnelly : The woman's head must have been considerably below the pillow replied that the revolver must have been held above and behind the woman to coincide with the track of the bullet. Dr C. H. Gould, of the staff of the ! Christchurch Hospital, said that the i track of the bullet was downwards and ! inwards. It hit the temple bone and | took the route that caused the least, i injury to the woman. If the Toman i was lying on her left side, with her face | towards the celling, he would say that I it was impossible for tho revolver to ! have been discharged accidentally from j under the husband’s pillow end for the bullet to take the path it had taken. I To Air Gresson: It was probable that i tin* track of tlie bullet was consistent with the woman’s head being"below her pillow, and the revolver being fired from underneath the husband’s pillow. AVillinm If. Tisdall, firearm expert, said that iho muzzle of the revolver could nob have been over two inches away from the woman’s head. To discharge the revolver would take a presI sure of about 16 pounds. ! To a juryman: The .revolver tqulc have to ho cocked beforo it could bt ; discharged accidentally from under u | pillow in the manner suggested. To his Honor: The revolver owned bj Malaquin had three springs missing It was more likely to go off by accideni than an ordinarv revolver of the same kind. Air Donnelly: ITiat depends on whether the springs were missing on November G. Air Gresson : AYe will prove that. At this stage tho Court adjournec till 2 p.m.

iASE FOR GROWN CLOSED. ACCUSED IN THE WITNESS BOX,

Hilda Riley, a single girl, living m Lin wood, said that up to November she had known accused for three months. He had! walked home with her, and she at first thought he was a single mah. Witness heard something, so eh© did not keep a subsequent appointment. Later on aiocusod admitted that he waa married. Witness said that he ouglit to be at home with his wife. Accused replied: “I would if she was a wife to go to.” He said that he was not happy at home. She did not remember the exact words. To Mr Gresson: Witness had seen accused only on two occasions. He had never gone out with her. Alberta Giesler said that Bhe had known accused for five years. He said I that he was not married. He asked if he could marry witness, saying that it might be years before he could manage it. Ho told witness last year that his name was Miller, not Malaquin, who was a married man. Mr Oresson: You were out with Malaquin twice ?—Yes, He asked me to marry him both times. This concluded the case for the Grown. MALAQUIN GIVES EVIDENCE. Mr Gresson said that the defence was that the shooting took place, accidentally. Malaquin entered the 7>ox at 2.15 p.m. He said that when he returned borne on Saturday, his wife was reading the ** Star.” At about twelve o'clock they went to bed. He had been suffering from neuralgia, and he did not get to sleep right away. lie had been in bed. three-quarters of an hour when he heard a sound like a match striking. Tlie noise eeemed to come from the back. He got up and visited the back rooms. While there he heard a sound from one of the front bedrooms. He took the revolver off the nail and put a cartridge in it. He went into the spare front Ijedroom, looked round, and saw nothing. lie had the revolver in_ his left hand and the matches in hi 9 right hand. He then went into his own bedroom, put the matches on the dresser, and went to put the revolver, which he held by the muazle. under the pillow. As lie was doing so, it exploded. His wife .jumped and groaned, and witness thought he had killed her. He .lumped out of hed and lit the candle. His wife then turned on her left side and gqt out of bed. Witness helped her j and said something about her being J shot, saying he would go for the dec- j tor. His wife would not let him leave i her, so he get a handkerchief and I wined away some of the blood. His ] wife got back into bed, and witness ! mentioned again about going for the j doctor, or about going for water, but j his wife would net lot him go. Mr Gresson : What was your wife’s • condition?—She was dared and shaky. | Did she understand what hc.fi happened ?—She did not seem to. What was your own conviction?—l went cold with fright, and got into bed Later on, did you say anything about going for the doctor? I said it would look bad for me if I did not go, seeing that there had been shooting in the house. Did she understand?—She did not seem to. When your wife called to the baby, what did you say?—l told her how pleased I was to hear her speak. Witness, continuing, said that in the morning he helped his wife to make the i od. She waa much better. 'They looked for the bullet because he thought is possible that it had not gone inside. Mho 'first suggested that your wife had been sleep-walking?—l think sho did. Why didn’t you tell your wife at first that you had shot her?—Because 1 felt so shaky. I was blaming, myself. It was through my own carelessness. Was your wife in a condition to understand. even if you bad explained?— I don’t think she was. Why didn’t you tell her in the morning?—Because I thought it would look pretty bad for me, seeing I had not gone for the doctor right away. And when your wife talked of sleepwalking. j'ou stuck to it?—Yes. When 3 r ou were told, that the wound could not have been self-inflicted you told the police the full story?—Yes. I was sick of it, so I “out” with the truth. Who gave 3'ou the revolver?—My brother-in-law. You took it to pieces?—Yes, and •there were some springs missing. Had it sometimes failed to go off?— It was never in good working order. What did the detectives say to you after you made tho true statement on the Monday?—They shook hands and said it would be all right. And on the Thursday you volunteered information about your relations with other women?—Yes. Did you tell your wife anything?—l told her on the Monday haw the accident happened. Did you tell her anything about your relations with other women?—J told her before I was arrested. Did you tell your wife on the firstoccasion when you went wrong?—Yes, and sho laughed at me. You were true to your wife while away from New Zealand with the Expeditionary Force?—Yes. Did you eve* run your wile down to anv girl ?•—No. Did you offer to marry Miss Giesler? 1 did not. .Is there any possible motive why' you should wish to murder your wife? How have you got on together?—We have always lived happilyYou have been living v ith her since tho accident P—-Yes. Ayd have since had a baby?—Yes. MR DON NEI jlj V ’ Q LEST lONS. To Mr Donnelly: Witness spent Saturday afternoon. November 6, at a relation’s place. He had tea at the house of a neighbour, : woman who lived by herself. After tt.vi from 7 to 9.30 he fixed up a clock i'm her. And on Sunday afternoon you visited this woman again ?—Yea, on m3’ way to the I culled to see about the What did you tell her about your wife?—That sho had met with an accident. Hsd 3’pu ever got up before when you thought you heard disturbances? —Yes. Did you get up and take a revolver round with you?—iso. Why did you take a revolver on this occasion?—Because 1 felt nervous and How did vou carry the revolver?— At full cock. How was your wife lying when you left '.lie room?—J did not notice. And when you came in again?—She . lying on hey back. '•Mien you made the first state--1 \eiiu to the police you said you and y our wife were lying back xo back ? fa that untrue?—Yes. Why did you tell this untruth to the police? Witness said he told the police anything that came into his head. When did you thing it of importance tc- remember that your wife ‘was lying or. bar back ?—I remembered through refine her when I lit the candle. *Vul sho have her head on th<* pilicsv? rikL do* notice. .. \