THE MALAQUIN CASE.

Star (Christchurch), Issue 16353, 16 February 1921, Page 7

THE MALAQUIN CASE.

Verdict of Not Guilty. Judge Sums up in Prisoners Favour. A verdict of Not Guilty was returned to-day in the case I of Frederick Charles Malaquin, charged that on November 7. at Xew Brighton, he had attempted to murder his wife, | Ruth Irene Malaquin. The jury were absent less than i an hour after listening to his Honor’s summing up. which ! was strongly in favour of the accused.

hail learned that he had begged his wife nil night to let him go. Corning to the evidence of accused's immorality with other women. Air Gresson said that there was a lot of feeling aaginst persons committing marital infidelity, but the jury was not there to judge of accused’s moral character. There was one Tory safe-test of the value of the evid- j ence regarding infelicity, and that was the attitude of Airs Malaquin. who had stated in. her evidence that she had taken her husband back. This was because she realised that she was still the ! first woma.n in accused’s life. Air Donnelly, addressing the jurv. referred to the fact- that the Crown’s case rested upon tlic accused’s statement that he had shot his wife- Ac- j cased had allowed his wife to believe that she had shot herself, and had told ! fhc same thing to the doctor and the ! police. Accused had told untruths m ; contradicting the witnesses Rilcv and j Giles]©r and others The two pie. -os of j real evidence in the case were the revolver and the wound in the wife’s ; head. The occasion of The shooting ! was the first one upon which the ae- , euseu had taken the revolver into the bedroom. 1* nr accused to have the re- ; volver cocked when putting it und«r j rile pillow Was unnatural, as was the I position in which he held the weapon 1 U hen doing so. He asked the jury to , see how it was impossible for the accused to hold the revolver in the man- ! uer Tie lmd described without- either I b lowing Ins Jit tie finger off or the ham- j inei* pinching Inm forefinger and pro- ! thn cliscT'arsp of llir wpfinnn. i J, , e accused’, explanation „•»* mil fen*- i iblo Ht tlie t,-y,e. and size op 11 ri i used, tnr AI Malaquin to receive the ground see did nr, impossible under the eircu instances described bv tTio aeeased, as the vrcanon vniilcl bare bad to be abr.ve and behind Ml. Malaquin-s head. It was quite possible that, tlm woman might have been deceived bv the accused concerning; the slicotinc. as die bad been deceived concerning il-e other women. Tone!,;-,,, tllf r , UMt i„„ n ‘ motive. Air Timim-llv said that the experience of the Court wax that the inns’ brutal murders wore committed 0.1 the slightest. nyr* lV cs. On this ucinfc icr« was tlic evidence of the witne Q s i Gioslei* to whom had proposed. ! :-nd whom he had tele! he was matin a* furniture for. - j the JUDGE SUAfS UP Summing up at 9.45 a.m. to-dar. his Honor said that the case was no ordinary case, and would occasion the jury a good deal of anxiety and careful thought. Tlic prisoner was not charged with assaulting his wife or doing her grievous bodily harm. The Crown case w as that the prisoner attempted to destroy his wife-—to murder her. How was the case for the Crown supported? There was the wound, the revolver the statements of the accused. W lien first confronted by the police he said that the woman attempted to take her life while walking irt her sleep. Ho kept to this storv until he found it would not suit until the doctors showed that it was untenable. Then he altered his story to one of accident. The Crown asked the jury to believe that if he- told an untruth in the first place lie was not telling the truth in the second place. As against that the jury could consider that he was unnerved by wliat he regarded as a catastrophe. The Crown, however, asked where the need was for Malaquin to got out ol bed Xor a revolver at all. He gave the jury the injune- 1 rion in the strongest terms that it was the duty of the Crown to prove the case, and that if there was any doubt the jury should acquit the prisoner. Mr Tisdall had stated that if all the springs were not in. the revolver it would go off accidentally, as the ac- I cused stated: but the Crown said that this was not reasonable. Therefore it was necessary for a motive to be proved. It was an extraordinary thing that the accused remained in bed all night, for if he had cared for his wife it was his business to go for tho doctor at once. As against this, the •accused said he was alarmed, and c-anie to the conclusion that the injury was not serious. A man was not "likely to attempt to murder his wife unless there was some reason for it. The father said that the accused and Ins wife had lived harmoniously together, and the wife said so. I,t might be considered that the wife was an interested person : but if her husband had attempted to murder lie:* she would hardly com© to the Court and attempt to get him out of trouble. The Crown suggested as a motive that accused was mixed up with other women. Whether he was moral or immoral should not weigh with the jury in the case. There was evidence that lie had been immoral with three women, but although his conduct had been reprehensible* in tho highest degree, the Crown had to prove that he had some wish to get. rid of his wife. ff Malaquin had been living with another woman, or had been devoted to another woman and had made great sacrifice's for her, the jury might come to the conclusion that lie wanted to sweep his wife out of his way ; but the mere fact of his immorality would not w-cigla with the jury. An important piece of evidence was tho statement, made by the accused as to how the accident happened. His Honor did not know that it was incredible that a man would carry a weapon in that way while putting it under his pillow. The evidence of Drs Acland and Gould was that it was possible if the woman had been lying in a certain position that, the wound might have been inflicted while the revolver was being placed under the pillow. Tf there was any reasonable doubt the accused must he acquitted, hut if the jury decided that lie deliberately got up to murder his v ifo they must convict him. The jury retired at 10.8 a.m. The jury returned at 11.4 a.m. with a verdict of “ not guilty.” “ The prisoner is discharged,” said his Honor. “ Thank you, gentlemen,” said his Honor to the jury. ——M... i i .

ACCUSED CROSS-EXAMINED. f I Tim Acting-Crown Prosecutor, Air A. ; T. Donnelly. continued the cross- « examination. of Malaquin yesterday t afternoon. Hob - did you carry the revolver when you put it under tlie pillow? Witness grasped the revolver round K the muzzle and said. “ Tliat. way.” A peculiar way surely?—That is how * T took it out of my left hand after * putting down the matches. Why did you go to place the revol- i 1 ver under your pillow, a thing you had I c never done before? —-T don’t know, ex- j ] copfc that I was shaky. _ | There is no reason?—No. I don’t j 3 think so. I His Honor: Why did you bring the revolver t<> your bedroom? -Perhaps be- : , cause 1 heard another sound while T j was going round the house. 1 . Witness said that when lie was J putting the revolver under the pillow. , his lingers were round the barrel, and T his thumb round the guard. He agreed . that there was not much room • for his •] fingers between the mouth of the- pis- -, tol and the trigger. . M v Donnelly: When you put your > hand under the pillow, you were in tlie i dark ? Yes. i His Honor: Where did you put the j revolver?—Under my own pillow at 1 tlic corner nearest to my wife. ITis Honor: Why didn’t you put it t at the outside corner?— ! don't know. i It must have been the way I was get- 1 ting into bed. Mr Donnelly: Why did you say to ’ your wife that, she had a bole in her face?--1 suppose I was upset. Did you say to your wife, ” You’ve J shot yourself”?—No, I said., “ You’ve been shot ” Did yon suggest that she had shot herself? Not to her. Why did you take the risk of leav- , ino- her for six or seven hours without medical attention?—l was doing what ' she wished. She. might have died because you ( would not call the doctors?—Yes. , You risked her life because she told you not to go for the doctor?—l sup- , pose you can put it that way. I was in n bad state. i But vour wife was in a worse state. —Yes. ~ . And vou went to sleep, taking ihe risk again ?—Yes. But T asked her two or three times how she was. Why didn’t yon tell her the truth m the morning? She made the stigges- ! t ion about sleep-walking and I let it go j at that. j You looked for the bullet on the ! ground? Did vou really think that the j bullet had ricocbetted?—That’s wliat I 1 did think. Did yon remind your wife that yon had said it would look black tor you if von didn’t go for the doctor?- No. And vou didn’t mention it to the police? T told Detective QuartcrmoinWitness said that ho did not- tell Dr ! Glasgow that his wife had shot iicu’self. j Ho did not remember wliat he told Mrs , Meredith. The doctor/-was led to oei hero that his wife shot, herself, through I her suggestion about walking in her ■deep. Witness allowed him to believe ! that. It was herd to say whether he I would have told the police the truth, if they had not informed him that the at- ! tempted suicide theory was untenable. IHe supposed that lie would have, Fe- ! cause lie* liad been sick ol the false position. He, determined to tell his ! wife the truth about his conduct, be- ! cause he was so near to losing her. When did you make up your mind to | iell vour wife the truth about the shooting s s —-On Sunday night. ! You did not decide then to tell the [police? No- 1 had thought of it. i Did vou say anything alx>ut your wife j to the girl Riley? -T never said any- , thing had about my wife. Did you toll the girl Giesler tliafc 1 vour name was Miller?- -Acs; because i T did not intend to go with her any ; Ymi lied :o her with the object of | concealing who you were?- -Yes. And she is lying if she says vou askled b r to marry you? Yes. She knew i I was married. j His Honor: Did she know vou wore • married as Malaquin or as Miller? As J Malaquin. His Honor: Why did you wish to I change your name, then? -Accused dirl not answer. Mr Donnelly: Yon can’t help its any > further on that point ?—T don’t think so. Re-examined hv Mr Gressdn : WitI ness sat on the' bed as he went, to get i in. lifted the left hand corner of the pillow with his left hand, and went to nlace the revolver under ihe pillow with his right hand. As he did so. it went off. AY. S. Malaouin. father of the prisoner. said that his son and his, wife lived in perfect harmony. He had never seen a more loving household. GOUNSEL’S A DDR ESSES j The addresses of counsel to the jury ! were taken last night, and his Honor • reserved his summing up until this inc : n i ng. :\lv (Vresson. in addressing the. jury, pointed out that the punishment, for attempted murder could be imprisonment for life, and tlio jury had a big responsibility. He asked them to forget all about the immoral relations with other women, which the accused had admitted. The Crown based its case upon throo things, tlio accused’s contradictions when first questioned, his not going for the doctor and his relations with other women. Far too much importance was being placed upon the contradictory statements of accused. J-K was very young, and was put suddenly into a horrible position without knowing exactly what the law was. The accused had thought for a moment that his wife was dead, and when she got up ins relief was enormous. His one thought was one of relief that his wife was all right, and his statements concerning this had been corroborated by -Mrs Malaquin. For a fortnight before 1 the shooting, the accused had been suffering from neuralgia and had not slept much. This might explain his actionsin investigating, the noises in the house with a revolver. As to accused not explaining the facts to his wife, that was probably due to lack of moral courage. No case would have been brought if accused had not. given tho information concerning the other women to Detective Quartermain. Never before had a case come before the Court in which motive was so absent. Accused had. five cartridges in the revolver, and if he had wanted to murder his wife he could have pumped bullet after bullet into her head, though if he had done this j there would have been no avenue of e 1 ?- j cape next morning. The fact of the | acc used not going for the doctor apJ pea rod at first to be brutal, but they