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"LIFE OF DUPLICITY AND LIES."

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"LIFE OF DUPLICITY AND LIES." Mr. J. B. Marston says that Whalley was "Lying from Beginning to End." STRIKING SPEECH FOR THE DEFENCE. Contends that Gamekeeper Poisoned the Food Himself. Mr. J. B. Marston then addressed the Bench 011 behalf of the prisoner. At the out-set he paid a warm tribute to the abso- lutely fair way in which the police ana Mr. Llewellyn-J ones had conducted the prosecu- tion, and also said that the police had been extremely kind to the accused in her hour of trouble. "I am about to submit," he proceeded, "that it is your duty, and that it will be your privilege and pleasure, to let this poor woman go free this morning. In taking this question into consideration, you must remember that the prosecution have to make out a prima-facie case upon which it can reasonably be expected, if you sent her for trial, that a jury would convict. In going into that matter it will be necessary for you to look at the evidence before the court. "The evidence, to begin with, is unsatis- factory, because it is evidence of a purely circumstantial nature. We commence with the prime mover in these proceedings—this man Whaliey—and I ask you to show by your decision that you look upon him as a discredited liar. He has lived, according to his own confession, a life of duplicity and lies. He has posed before the world as a married man—he has even deceived his own mother. He said that he had forgotten liii marriage, where it took place, when it took place, and so forth. He said he had for- gotten that because lie had been drinking brandy for neuralgia. He did not know lie had been married—said his wife told him the next day. Can you believe one single, solitary word of the man's evidence! He started off by saying that he had great love and affection for his wife, and that she had great love and affection for him, and that they both loved their children. Then, by this prosecution, he says that the woman he loved and the woman who loved him was prepared to murder him. He said yester- day, 'I find it hard to believe that she would attempt to do me any harm. I don't want to punish her'—although he gives her into the hands of the police. '1 want her to go free. I want her to come back to me.' She will never go back to him whatever may happen." "TO HIDE HER SHAME." The prisoner, said Mr. Marston, was brought up among honest and respectable people. She was a decent, respectable woman, and had some training in a hospi- tal and was a district nurse. She went to attend halley's sieter-in-l.uv, and it was then that she met him. He seduced her, and, according to his own confession, he hud also eeduecd another woman, for whose illegitimate child sometimes lie paid and sometimes his mother paid. The prisoner had never been his wife—never been mar ried to him. Why did she go and live with him? Why did he bring her with him to Mold? She went to live with him because she wanted to hide her shame. Her people were very much against her having anything to do with the man. This woman had been practically starved by Whaliey. Mr. Marston contended that if the B'lIcJ¡ could not believe a single word that Whaliey had said—if he were a liar—the whole ease for the prosecution fell to the ground. It was said that Whalley bought strychnine from Mr. Williams on the Saturday. He admitted that. Mr. Williams sold him what was practically a full bottle of strych- nine. Whaliey only returned half of the bottle to Mr. Hemniings, the head keeper. What became of the rest? What did Whalley do with it? Whaliey said he buried it. He suggested that the wicked and odious man who had brought this pro- secution put some of the poison which he retained in the bottle on the bread and poisoned li it; own dog with it, so as to bring this charge against the innocent woman with whom he was cohabiting, and thus get rid of her. If he only gave a por- tion of the bread and cheese to the dog— because, as he said, that was sufficient to give his favourite dog—why did he not give the other portion of the bread and cheese to the other dog, the spaniel? He said that he took that into the house, and that subsequently the bread and cheese was thrown into the hedge. Careful search was made by the officers, and it was not found, except a small portion discovered by Super- intendent Davies. On making an analysis Mr. Lowe found that there was no prison in that small portion. lie (Air. Marston) suggested that there was 110 poison oil the bread and cheese at all, except the poison which the man Whaliey put 011 the piece which he gave to the retriever. He invited the Bench to ask themselves the question: What became of the bread and cheese that was thrown into the hedge' He suggested that Whalley himself got rid of it. There was 110 evidence that anything was done to it by Mrs. Whaliey, because she had gone away. She was not near the place, she had gone to Miss Sparkes'—and therefore it was not she who took it out of the liedge. "A STUAXGE THIXG." Was it not strange that the man did not take the bread and cheese with him, know- ing that he was going to the Sun Inn, j Uhydynnvyn, to have sc-i no beer? Mr. Marston asked. Knowing ihat he was go- ing there, would he not take his own bread and cheese with him? He said thnt he left it in the hut, and bought some bread and cheese. Strange to say that he should buy the very same nrtiele of food that he had in his handkerchief. It was strange also, if the theory of the prosecution that the bread and cheese was poisoned were true, that it did not poison the cake. There was nothing to keep the cake from coming in contact with some of that strychnine. The man ate the whole of the cake and nothing happened until the piece of the bread and cheese was given to the dog. Again, with regard to the bottle, did the Bench believe a single word that Whaliey said about that? He said he received the bottle from Mrs. Jones, and took it into the wood and smashed it. A similar bottle to the one that Whaliey said lie broke was smashed there, and the pieces were found within a radius of four yards. The police searched diligently and he did not help them. Why didn't lie help them to search for the bottle which lie himself said lie had broken? Why, because it was not there He knew it was not there, and knew that he had not broken it. He was lying from beginning to end. With regard to the prisoner's statements to the neighbours, Mr. Marston said that C, at the very lirst blush one would think those appeared most damning against the prison- er. He put it to them, however, that she was in such a state of mental aberration and ill-health that she was not at the mo- ment responsible, did not know what she said, and could not speak or answer cohe- rently and that was borne out by wit- nesses. The Superintendent was in doubt as to whether she was in such a condition that she could answer and understand the warrant, and commenced by asking whether she knew where she was. Mrs. Weaver ¡' said the prisoner led her to believe that she was all along declaring her innocence. Mrs. Jones 6aid, "Hardly any of the three of U6 knew what we were talking about. I gathered all the way through that the pri- soner was declaring she was iiinoceiit." Miss Sparkes said in cross-examination that the prisoner was delirious. In conclusion, Mr. Marston drew attention to the evidence of Dr. Griffiths as to the prisoner's state. He asked the Bench to draw the conclusion from the evidence that no jury would convict the prisoner, and if they came to that conclusion they ought to allow her to go free and go back to her friend,s-hoile.t, respectable, kindly people -who would take the greatest care of her. He hoped they would find it their bounden duty to let her go free. WHALLEY RECALLED. The Bench recalled Whaliey into the witness-box and asked him a number of questions. The Chairman questioned him as to why lie went to the Sun Inn to get supper, and left the food which he had brought with him from home. Whaliey replied that he had left the food in the hut. He went to the rearing field, and subsequently walked down to Rhydy- riiwyn. The Chairman When did you go to the Sun Inn last for your supper?—On the Monday night. Before that?—I could not say. When do you think was the last occasion? Probably a week before. The Magistrates' Clerk (Major T. ill. Keene): Was the supper given or did you pay for ft?—It was given to me. The Chairman: If you thought something was wrong with that bread and cheese why did you give it to the dog?—I did not know anything was the matter. Why did you spit it out?—Because it tasted nasty. Then you must have suspected something was the matter with it?—I did not suspect anything was wrong with it in that way. In reply to Mr. Robert Jones, Whaliey said he used the other strychnine to poison rats with. BENCH'S DECISION CHEERED. The Bench retired at 11 o'clock to con- sider the case. When they returned into court at a quarter past eleven, the an- nounccment of their decision was awaited in tense silence. The Chairman said: The Bench have gone very carefully into the case, an3 are going to dismiss it. The crowd instantly burst into deafening applause, which lasted for a minute or two. When quietness was restored, the Chair- man added: We consider the evacuee of John Whaliey was very unsatisfactory, and that there was no end of lies in it. In reply to an inquiry from the Bench, -\J r, Marston said arrangements had been made with Supt. Davies that the prisoner should remain in the house of Sergeant Whitehead until Monday morning, when her brother would come and take her and her children home to Wolverhampton.

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Mold County Court.

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THE SECOND DAY'S HEARING.…

Mold County Court.