THE LATE MYSTERIOUS AFFAIR IN MELBOURNE.

Grey River Argus, Volume XII, Issue 1170, 29 April 1872, Page 4

THE LATE MYSTERIOUS AFFAIR IN MELBOURNE.

[ARGPS, APRIL 17. J The Criminal Court was occupied yesterday in the trial of Edward Feeney, for the murder of Charles Marks, povniarly known as the the Treasury Gardeua murder. Feeney Wan provided by the Crown with legal advisers, but he did not assist his counsel in any way. He declined to give any explanation of the tragedy, and throughout the trial he made no suggestions to assist the defence. In fact, he remained perfectly stolid throughout, and did not seem in the least affected by the verdict or the sentence. The facts of the case wil be remembered by our readers. They were shortly that Feeney, who was at one time a soldier in l?ew Zealand, and latterly a wardsman at the Melbourne Hospital, made or renewed acquaintance with Marks at the hospital, where he also was a wardsman. Both left the institution about the same time, and both appear to have made unsuccessful attempts to commit suicide. Both alac appear to have been enamoured of the same girl, Anne Mackenzie, who was a nurse at the hospital. On 28th February, Anne Mackenzie wrote to Feeney, deprecating any ill feeling on his part because «he walked with Marks, and stating that she certainly would have nothing to do with Marks. About a week after this letter was written Marks and Feeneyjwant to the Treasury Gardens togqtiter, j' where a pistol was tired, and pn people rushing to the spot it was found that Marka was dead, shot through- the heart, and Feeney lying beside him, calmly smoking a cigar.' The Crown contended that the shot was fired by Feeney ; the theory for the de^ fence was that the wounds were self' inflicted, and that Feeney could not be held responsible for them. Another theory was propounded that if Feeney did fire the shot he was insane, but this defence was swept away by the judge, who remarked that there must be evidence to support it beyond the fact of an atrocious crime having beon committed. The case was sent to the jury on the simple issue, did Marks or Feeney fire the shot 1 his Honor not embarrassing the jury with any difficulties as to whether if both went out with the intention of committing suicide the survivor would be guilty of murder. The jury found the prisoner " Guilty," and he was sentenced to death, Mr Justice Williams telling him he had behaved in a very cowardly manner. The girl Anne Mackenzie was only found by the police while the trial, was progressing. She had left the hospital about the time of the murder, and was not found till yesterday afternoon. The only evidence she gave was that the letter already alluded to was in her handwriting, and was addressed to prisoner, on whom it was found. She appeared very much affected in Court, and fainted immediately on her evidence being concluded, but soon revived on being carried into the open air. Mr Justice Williams observed that the heat of the Court was enough to make anyone faint.