THURSDAY, JULY 2, 1931.
CEYLON'S UNIQUE POSITION
Limitation of Subject's Right to Liberty.
CROWN APPEAL.
Mr. Justice Lyall-Grant deliver-appeal in this case but no 'objec od judgment in Colombo dismissington has been raised to the appeal
on this scare. the appeal of the Solicitor-General
"I think therefore that I am against the acquittal by the Colom-justified in assuming that the
THE CHINA MAIL.
A FRENCH VIEW OF APPEAL SUCCEEDS.
BRITAIN.
"The Outside World Reunites Us."
WAR UNTHINKABLE
"Now, especially after the bo Police Magistrate of Mrs. A. B. Solicitor-General has received the War, we consider a war between Pieris, of 39, Allan Avenue, Dohi- necessary powers'I would, however, our two countries unthinkable. authorities to the desirability of you strong. Would you always ing hurt to Jane Irene Fernando, a regularising this precedure. If say the same thing of us?". Bervant girl 12 years old, by burn-there is a general direction It
Conviction for Wife- Murder Quashed.
THREE-FACTS OBVIOUS.
"
ARE UNIVERSITIES OVERCROWDED.
Sir M. Sadler Arouses Controversy.
wela, who was charged with caus.direct the notice of the Crown! We are never afraid of seeing (viction for murder by Williaments, said Sir Michael,were. an
ing hor with a frebrand.
The facts of the case were that about September last June Rebrigo, an aunt of the complainant, entrust
would be desirable that it should fessor Andre Siegfried, address. This point was made by Pro-
be deposited with the Registrar ofing the Oxford Luncheon Club on his every word. the Supreme Court.
"France and Britain."
in Court, and it is not necessary "This matter was not discussed to refer to it further as I have come to the conclusion on other grounds that the appeal cannot succeed..
ed her to the accused to be adopted and educated. The complainant did housework and was also put on ter cook in the kitchen, On Nov ember 4 last, she met a woman "An appeal from an acquittal ia called Sophyhamy, to whom she a remedy which has no place in stated that the accused had hurt most parts of the British Empire. her face, and requested her to ask The general rule is that if a per- her grandmother to come and reson has been fairly and properly move her
tried and acquitted he ought not Jano Rodrigo went to the accus to be put in jeopardy a second ed's house and removed her on the time for the same offence. plea that her mother was ill. They went to the Wellawatte Police Staan appeal in case of acquittal to "Section 336 of our Code allows tion, and a complaint was made the Attorney-General or with his was burnt by sanction and the recent, amend accused on that day. Sho was sentment allows in private prosecutions to the hospital, and according to a direct right of appeal to the the sub-Inspector, the Ilouse Sur Attorney-General in addition to the geon, reported, "the wounds as old right of appeal with his sanction. These provisions create in Cey On the following day the J.M.Olon a more extended right of appeal examined her, and his oyidence was against acquittal with a corres that the burns were caused within poniling greator limitation of the two or three days of his examina right to liberty of the subject than any part of the "British Dominions with whose laws I have any acquaintance.
there that she
and non-grievous,"
Lion.
The Additional Police Magistrato (Mr.. I.. D. C. flughos) discharged the accused on the ground that the evidence for the proseculion rested
in
The ad-
соп
AN IMPEDIMENT.
The Lord Chief Justice gave no
Controversy has been aroused hint of the decision of the court in educational circles by the sug when he started to deliver juda that some of the British univer tional way by saying:
gestion of Sir Michael Sadler ment. Ile began in the conven
sities are becoming overcrowded. "This is an appeal against a con. An excessive number of stud- Herbert Wallace, who was
impediment to effective intellec- victed at Liverpool Assizes on
tual work.. Some of the raw April 25 and sentenced to death." material delivered to the univer The court was hushed to catch sities was, insufficiently trained for the sort of work which tho
lish, was received with great tice. The first is that at the controng a dose of B.A.s." dress, which was given in Eng-obvious," said, the Lord Chief Jus-undertake: "You can drench a "Three facts, at any rate, are university student ought to
applause by a large audience.
country," he said, "with tool -An explanation of the difficulty no submission was made on behalf clusion of the case for the Crown which the two peoples found in of the appellant that there was no ment among educational authori
Inquiries revealed disagree- understanding each other was to case to go to the jury. Mr. Roland ties, but employers of university he found, Professor Siegfried Oliver has explained the reasora graduates were agreed that the said, in the fact that the types for this, but, the fact romains that past standard had been mainly of men who were really represen- there was no submission. tative of both countries"
satisfactory from their point of widely contrasted,
"Complete Fairness.”
view, and that it would be unfor Frenchmen were the peasant, was summed up by the learned education implied by a university Typical "The second is that the evidence tunato if the standard of general man who lived on the land, of the judge with complete fairness and degree were to be appreciably land, and for the land; the crafts accuracy, and it would not have lowered. Following are some of perpetuated mediaeval economic had been an acquittal. man or small shopkeeper, who been at all surprising if the result the views expressed to a repre- traditions; and the bourgeois.
sentative of the Morning Post. with his vigorous sense of pro- which it is unnecessary for me to master of Harrow School): I am "The third obvious fact, on Dr. Cyril Norwood (head perty and thrift, his fine culture, well, is that the case is eminent- quite in agreement with Sir and his narrow sense of class. ly one of dificulty and doubt. But when he thought of typical
Michael Sadler. The universities Britons he thought of the work dence has been closely and critical fitted for them.
"The whole of the material evi- are only useful to people who are man, gifted with mechanically examined by us during the past abilities, the great business man, few days, and, it does not appear
"Not Too Full.” · Sir John Gilbert (chairman of and the gentleman, with whom to me to be necessary to discuss the L. C. C. Education Com survives something of the feudal it again. atmosphere.
mittee): My impression in the "Suffice it to say that we are nat case of London is that the de- The view of business in euch concerned here with suspicion, velopment of advanced courses country, moreover, was different, however grave, with the result that the inter-ever ingenious...
or thearies, how the secondary schools has tended to send not only a large national spirit, which the
"Section IV. of the Criminal number of students to the univer-
qualified educationally,
wero
primarily an the girl, and she had these powers is a matter for the French was a luxury, to the Brit-Appeal Act of, 1907 provides that sity, but students who are betler |
ested in her original complaint that she was burnt on the 4th, but to the J.M.O, she said that she was burnt on the 2nd, and thus contra- dicted herself.
Tho Solicitor-General appealad against the finding of the Magle trate,
Right Of Appet. The Judge in his order says: "This is an appeal by the Sol citor-General against an order of acquittal in a private prosecution, "This power of appeal in private eaves was conferred on the Attor ney-General by an amendment to the Criminal Procedure Code con- 19 of lained in Ordinance No. 1930, which came into force last
November.
"By Section 393 the Solicitor General may by direction of the Attorney-General either generul or special, exercise all or any of the powers conferred on the Attorney General by the Ordinance
The petition in the present case iren not show that the Solicitor General has received from the At- torney-General either special or general directions onebling him to
ON RETIRING FROM THE EAST.
Amenities of Settling in Tangier.
HINT TO HONG KONGITES.
"The need for the existence of legislature, but it is for the Ap-tish was a necessity of existence. the court shall allow the appeal If peal Court to decide on what What united the two countries they think that the verdiet of the grounds it will allow such appeals. was the community of their jury should be set aside on the in the present ense the appeal is European civilisation and tradi-ground that it cannot be support ed, having regard to the evidenco: Appeal Allowed.
on factą.
What Must Be Proved.
It is obviously not sufficient that the Court should think that there on which another ia material Magistrate came to the conclusion that the accused was guilty. It must, I think, be satisfied that no other conclusion was reasonably possible, but that the accused waa guilty, of that the Magistrate did not apply his mind to the whole evidence in the case.
"I do not think that this could be said here. The Magistrate has correctly and that the main evidence is that of the girl who has varied her statements essential particulars from time to time.
on
"It is not possible here to say that the Magistrate has not duly exercized his discretion or that he has exergiand it unreasonably, and in these circumstances I do not think that his finding of acquittal can be set aside. ..
"The appeal is dismissed."
their clients
tion,
Collaborators,
The London University Ap pointments Board: No doubt an uncontrolled increase in the nun- ber of university students would make it impossible to find 'satis- factory employment for all of them, but there is an increasing appreciation of their services both among business employers and in almost every branch of case national life.
"I should like to add that there is not, as far as we can see, any ground or any imputation upon the fairness of the police...
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"We have been neighbours and collaborators for more than thousand years," he continued, "Of course, there have been a cer- tain number of wars, but war is "The conclusion at which we a form of collaboration-it is a have arrived is that the way of mixing peoples together. against the appellant, which we A prominent Cambridge Uni You say that a war with the have carefully and anxiously conversity official said that the United States is unthinkable and sidered and discussed, was not university was full, but it was I can say the same of the French proved with that certainty which not too full, and the various col- in their relations with you.
Road, is necessary in order to justify a lege authorities had definitely "We are not afraid of seeing a verdict of guilty, and therefore we set their faces against accepting strong Britain, and I wish that desire to say we take the course more students than the staff every Briton would say the same indicated by the section of the could deal with. There was a of the French. Our relations statute to which I have referred. with Britain are both European
time Just after the War when "The result is that this appeal the charge of overcrowding and extra-European. In Europe, will be allowed and this conviction might with some justice have we asked from you a guarantee quashed,"
been levelled at Cambridge, but rather than an alliance in The conviction of Wallace for that had how passed away. fact, we are defendera rather the murder of his wife was one
While than claimants. The Locarno of the most remarkable verdicta in Treaty, in which the British legal history Verdicts in guarantee the French against The jury decision was so un as compared with other univer the Germans, and vice versa, ex- expected that most people in court sities, helps to diminish the num presses very well this point of gasped with surprise. Wallace ber of candidates for admission. view;
had been so confident of acquittal the problem of increased num "A Window."
that he had his hat and overcoat bers has been and still is a press- "We never try to limit British handy in the docking one, it was stated. strength in Europe. Let Britain He was so staggered by the ver colleges have been obliged to ex
Many
standard that is demanded in the the slightly higher
entrance examination at Oxford,
-MR. GANDHI'S ACCIDENT.
Puts His Foot On A Live Coal,
be stronger than we are in the dict that he could hardly say tend their premises within the still further extended to include Mediterranean-we have no ch-word. Those who were near him last few years, but the teaching the Indian Civil Service, the Injection to that. Especially, beard hini murmur, It does not staff of the university has been dian Police, the Colonial Civil should we consider as deeply re-teeem possible, a Service in the
increased in equal proportion. many Crown
grettable any movement which Firm Volce, Colonies, elvilians in China and would estrange Great Britain Japan, and thone British sub from Europe, and, if we come to and braced himself up when he Then he pulled himself together jects generally whose duties take recognise something like a Unit was asked the usual question them to the outposts of the Emed Europe, in an economic or any whether he had anything to any pire.
other sense, we want Britain to why, sentence should not be pass be in. it. For the Continent she d has been and should remain a window on the outside world. low but firm voice."I de no
"I am not guilty," he said in a
Bardoli, June 4. "What we fear is that Great want to say anything else."
Mr. Gandhi met with a slight accident while he went out on Britain should close herself in her Empire. We are afraid of condemned call at Walton Prison
When he was taken back to the his usual morning stroll to-day... any system which would put the he at once went on hunger strike, road he placed his foot on an ash While walking along the rail- centre of gravity of the British but he was acen persuaded to heap in which was a live coal. Empire further away from abandon this method of protest. His foot was slightly burnt but Europe than it is now. He had been in prison aince Mr Gandhi returned to the
My conclusion is this Europe February 2, and had awaited his ashram walking, sometimes separates the French trial with axtraordinary calm and and the British, but the outside fortitude, world reunites us,”
It is presumed that the ap real should be made to people with sufficient private means, in addition to their pensions, to en- The following leading article able them to enjoy in Tangier the same sport, amusements, and appeared in the Tangier Gazette amenities of life which they of May 16
were accustomed to in their for We have received a valuable mer stations, and which in many suggestion from a correspondent cases would be beyond their which we pasy along to the office menns in Britain. de Turisme in the hope that What is wanted in Tangier is they will take advantage of it a large Sporting Club, open to all, The suggestion is that the varl whore racing, golf, tennis, polo, ous regiments In the British and racquets, etcetera, may be ob Indian Armies should be circu- | tained,⠀⠀ Such a club, when hon- Inrised so that officers, who are eatly and efficiently run by a about to retire might be brought well paid professional manager to consider the possibility of set- | who knows his job, is a gold mine tling down in Tangier, niin itself. The tote and pari- There is a vast number. of mutuel on the various race meet- British people who have spent ings not only pay all overhead
SHOOTING OF HUBERTA.
Allegations Against
European Farmers,
of
man, of refined taste," as his coun- He again relapsed Into a atate cel described him,
philosophic calman his The case for the Crown entail. brother described it when he gave ed the supposition that ho, was in up bis hunger strike, and from reality one of the most cunning then onwards he awaited his ap- and ferocious murderers of his peal with self-composure and cin-generation, and that he was a man, 4dence,
USD Iron nerve. Their suggestion Mrs. Julia - Wallace was found was that Wallace had meditated dead in the aftting ream of her the murder of his wife at least the best part of their lives in charges, but leave a handsome India, the Straits Settlements, balance as well; part of which
home in Wolverton Streat, Liver twenty-four hours beforehand, and China, Affies, etcetera and to could be devoted to the support. Four Foropean farmers are 26. Her skull had been smashed inid scheme to establish a false we pool, wn the evening of January that he carried out cunningly whom the prospect of retiring to of local charities. To prove that alleged to have had a hand in to pieces with a heavy bar of iron. alibi, be pa Britain whare bad weather may this statement is correct we have the assassination of Huberta the Eleven blows were struck, and the Telephone Call, be expected for at least nine but to mention the Calcutta Turf Hippo, South Africa's national pathologist who gaye evidence for Everything turned on a tele months in the year, does not ap Club, the Shanghai Race Club pet, whose bullet-ridden carcase the Crown said that the murderer phone messe peale Here there is a large field and the Sporting Club in Alaxan was found floating in the Kels must have been in a frenzy. Wallace at his chess club on the which was sent to for the Office de Tourisms to aperia; all of which have large kama river, near King William's Keen Chess Player, evening before the peal to if they make their efforts memberships, and all of which Town One of the men has con-
haking: sufficiently attractive s
are flourishing and wealthy confessed to a magistrate.
Wallies
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The shooting beautred in a re-age mote part of the Peddle district.
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