Saturday 22 Feb 1834 The Sydney Herald -Before his Honor Judge Button, and a Military Jury,

Sarah McGregor and Mary Maloney, convict servants, were severally indicted for the wilful murder of Charles Waldron, at Spring-hill, near Illawarra, on the 14th January last.

The Court was extremely thronged, from the intense interest which had been excited respecting this trial. 

Mrs. Jemima Waldron, the lady of the deceased, deposed, that on the morning named in the indictment, she complained to Sarah M'Gregor that the verandah had not been washed ; prisoner declared it had ; her husband, the deceased, called to the prisoner Mary Maloney, and pointed out some tobacco ashes remaining on the floor, on the spot where he had been smoking the night previously ; she immediately replied " that the ashes were from her own pipe, which the had been smoking whilst washing the verandah ;" she immediately left the verandah with her hands uplifted, exclaiming, in language too gross for repetition, " may every curse fall on you and yours," and called him " a b--y old soldier;" the deceased then followed prisoner to the kitchen, remarking, that " this was not proper language for his family to hear ;" Sarah M'Gregor left the parlour and followed to the kitchen ; the prisoners had evidently been drinking, as there was a strong smell of rum ; witness saw her husband leaning against the door of the kitchen, with his pipe in hand, and heard him say, " Mary, you shall go to the Bench," meaning Police-office; Sarah McGregor said, " if Mary goes, I'll go, we came together, and we will go together " deceased said  "you have done nothing to entitle me to send you there, and I shall not do so ;" prisoner said " I will give you reasons to send me there ;" she immediately came forward and struck the deceased a violent blow on the neck, and struck him down the ascent before the door, on the stones, on his left side; both prisoners fell on him, and gave him several violent blows on tho neck and head; witness immediately called out and said, " for God's sake go to the assistance of your master, oh ! save him save him ;" four men-servants were in sight of the transaction, but did not interfere. The blows were given repeatedly, and with the greatest violence; witness made an effort to go towards her husband, but by the time she came up to him, he had risen; she took him by the right arm and said, " my dear, I am afraid you are hurt ;' he looked at her very sternly, as much as to say something particular had happened, and said, very feebly, " oh ! no ;" witness then turned to Mary Maloney, and exclaimed, " you vile woman, what have you done to my husband ?" prisoner immediately pulled up her petticoats, and exposed her person to the view of the whole family ; the male servants were then placed about the house as a security for the family; the language of the prisoners during this time, was of the most disgraceful description ; both were equally violent and outrageous, and insisted upon having their clothes, as they were free, and would not wait for the constables who had been sent for ; the clothes were ultimately given to them to prevent further violence ; the deceased was removed to the parlour, and then wrote a note for Captain Allman, of the Police, who came immediately ; at the time of his arrival, deceased's right side, hand, and arm, had become useless, and it was with great difficulty he could speak ; deceased was ultimately carried to his bed, in which, he lingered, in an almost insensible state, until the 28th of January, when he breathed his last ; one of the prisoners exclaimed, after the scuffle had taken place, that she would " run the b--y old soldier through with a knife "; witness immediately sent one of the male-servants to secure the knives ; deceased was a man about 53 years old, of temperate habits, and genial good health and not subject to fits of passion.

Mrs. Waldron underwent a rigid cross-examination, from Mr. Rowe, which from its consistency served to strengthen the case for the prosecution.

Wm. Wade, an assigned convict servant to Capt. Waldron, deposed, that on the 14th of January, he saw his master down upon his back, in the yard, and saw the prisoners leaning over him, but will swear that he did not see either of them strike him; he corroborated what Mrs. Waldron said as to the removal of the deceased into the house, and the using of violent and disgraceful expressions, but he denied having seen them expose their persons ; this man swore that he saw his master walking in the garden, after the outrage had been committed by the prisoners. This man's evidence was suspicious.

Charles Waldron, son of the deceased, in every point most strongly proved the evidence of his mother, as to the blows given by the prisoners, and the manner in which they were inflicted.

Captain F. Allman, Police Magistrate, for the District of Illawarra, deposed, that he went to Captain Waldron's in consequence of a message which he received on the 14th of January ; he found deceased lying on his sofa, in a very agitated state, and apparently under apprehension of death ; deceased was in a state of despondency, and asked witness who would prosecute the women if he did not recover ? nothing more material was elicited from this witness. 

James King, deposed, that he heard a noise in the house, on the 14th day of January; he saw his master standing-at the kitchen door, and heard one of the prisoners laughing ; and heard the deceased call her a d--d bitch repeatedly ; he denied most positively as to having heard the prisoners make use of disgraceful language, or strike the deceased ; he was not struck while standing at the door, but he was shoved out, and fell on his posteriors. This man's evidence was in direct opposition to the first witness, Mrs. Waldron. 

Mr. Grove, Surgeon, was called, but did not appear.

His Honor Judge Burton decided, that his evidence was not positively necessary ; it was for the Jury to grope their way to the truth, from the ' evidence adduced in court. 

The learned Judge summed up, after a most painful and protracted examination, touching most minutely on the evidence ; it was impossible he said ' to reconcile the testimony of the first two witnesses, and the two last ; it was for them to -consider whether the deceased met his death fiom the ill usage of the prisoners, or whether he died from temporary appoplexy, 'or paralysis, produced by strong excitment ; after fully explaining the law, the Jury retired exactly at seven o'Clock, and in about half an hour returned a verdict of Guilty. 

The Jury recommended the prisoners to mercy, on the grounds of their not contemplating the issue.

The Judge then passed sentence of Death on them, holding out no hopes that that sentence would be set aside ; they had been convicted on the clearest-evidence, of the crime laid to their charge ; the sentence of the Court therefore was, that they should be taken back to the gaol, and from thence unto the place of Execution, on Monday next, and there to be hung by the neck until their bodies were dead.

The witnesses King and Wade were fully committed to take their trial for perjury.

Footnote: The out-of-print book 'In the Matter of Captain Waldron Deceased' by W G M McDonald reports that Mr Grove, Surgeon reported to the Judge his valid reasons for non-appearance at the trial, and his opinion that Capt Waldron died of a stroke, brought on by high blood pressure, as there were very few marks on his body. The judge commuted the life sentences on the two prisoners and they ended up serving 3 years hard labour for assault.