MURDER NO CRIME.

Evening Star, Issue 3126, 25 February 1873, Page 2

MURDER NO CRIME.

The Alma murder case was one of those set down for trial at the Maryborough circuit sitting, at which Mr Justice Fellows douued the ermine for the first time. The particulars of the case are doubtless fresh in the memories of our readers. On the Bth of October last, the body of a man was found lying in the Alma Creek, which, on being taken out, proved to be that of a powerful young man named John Young, also known as Thomas Finnegan. The police, acting on information received, arrested one Edward Whittington, who, on being conveyed to the lock-up, made the following statement: — “On the loth of September, 1872, about one o’clock in the morning, I got ouc of bed, and 1 got this man (the man who is dead, ‘ Feaigau ’) with my wife in the kitchen. He seduced her. I challenged them both with it at the time. He started to beat me. I was in bed for four days. He beat me with a four-legged iron stand rhat was at the fire. [ was on the floor bleeding when my girl came and said ‘ For God’s sake, don’t kill dada !’ He held it (the iron) over my head, and swore he would smash out my brains if I said a word about it. After my daughter spoke to him, he went into the bedroom. My wife told him to go home—that he had doue plenty. OnlastSandayweek (29thSeptember) he came again. 1 was in the kitchen by myself, nursing a girl two years old. I told him to go away, that be was a scamp. I told him that he had seduced my wife. He said he would do it again. He gave me some blackguard language, aud I went outside and sat down until he went away. My wife camo home about ten o’clock same night. Bhe told me she had seen * Fenigan.’ I told her that I had seen him, but 1 bad to get out of his road. He asked for her. I did not see him since, until last night (7th October.) Aiy wife was away, and she came home drunk. He came about an hour afterwards. My place was quiet. 1 was reading in the room. He rapped at the door. 1 did not answer the call—it was at the back door; My wife went. She told him not to come in toriiight. He was battering away at the door, and 1 took no notice till he forced tie door opm. I took dowuThe gun barrel off the mantelpiece. I struck him in the doorway as he was forcing himself into the kitchen. 1 knocked him down, and he got up and took up a piece of wood. He followed me about twenty yards in the yard. He went back to the kitchen, and I followed him. I struck him in the kitchen. I hit him in the shoulder and disabled bin. He had a piece ef wool in his hand. I put him patside and shut the door. That is all. I never laid a Imd on him but tfut.” Mr Ireland, who defended the prisoner, raised a question of justification on the ground of burglary or adul.ery. He contended that the prisoner would, under the circumstances, have been justified in shooting the deceased. Mi' Ireland closed his address by boldly admitting that the prisoner had caused the death of Finnegan, and that, under the circumstances, he was perfectly justified ia doing so. Hi# Honor, m a very brief but concise summing ‘up, two questions to the jury—l. Was Young attempting to enter the house for the purpose of having criminal intercourse with the prisoner’s wife, with her consent?. 2. Did the prisoner use more force than the circumstances required to prevent Young carrying out his object ? The jury retired, and, after a brief consultation, returned a verdict of ‘ Not Guilty.* This announcement (says tbe Advertiser) was succeeded by an att-.mpt at applause, which was. at once suppressed by the officials. The Court was crowded to great excess all day, and the acquittal of Ihe prisoner seemed to afford the greatest satisfaction.