THE HONGKONG TELEGRAPH,

SATURDAY, JULY 2, , 1938.

Chaplin Defence Opens At Old Bailey

"CASSERLEY DREW REVOLVER, SAYS K. C.

Death Struggle Described

In Villa Lounge

Chaplin's Pitiful Stratagems"

-Mr. Birkett

"Casserley drew a revolver. There was a struggle as Chaplin tried to force him to drop it. The revolver went off, wounding Casserley in the neck. They fell. The re-i volver, still held by Casserley, went off again

17

This, in substance, was the story tok by Mr. Norman Birkett, K.C., at the Old Bailey recently to describe how Percy Arthur Casserley (58), retired managing director, was killed in the lounge of his villa in Lindisfarne Road, Wimbledon.

Judge Corrects His Lawyer Son

Whrst Afr. Christmas Hum- phreys, who is prosecuting with Mr. G, B. McClure, suggested to a medical witness that certain blood spots were “definitely" not in a straight line, he was cor- rected by his father, the Judge. Mr. Justice Humphreys sald 10 bis son: "Everybody SOYA 'definitely' when they don't mean

Mr. Humphreys accepted the correction and aniended question accordingly.

oth the safely catch and down in-

site the left butt-plate.

The presence of all made it unsafe for him to Guy which group the blood belonged.

STAINS INSIDE REVOLVER

the larch

injuries on the top of the head if the been the large rounded end had

Thc striking surface.

amount of force must have been very consider- able.

MR. BIRKETT MAKES A PROTEST

Sir Bernard was asked from what

direction, in his opinion, the blows to the head were delivered. He said by a blow from behind.

He was continuing: "I think prob- ably he was attacked when standing when Mr. Dirkett rose and said: "It is not within his province to speak of an attack. This is a matier which is being investigated."

Mr. Birkett said that while he hud the greatest respect for Sir Bernard as a medleal witness, was not this! "rather "rather embarking upon a recon- struction of a crime in which he has no special knowledge as distinct from any other person?"

ERADIO BROADCAST

Afternoon of Sport Relayed

From London

"LAWN BOWLS" TALK Radio Programme Broadcast by Z.D.W. on a Frequency of 845 is.es.; and on Short Wave from 1-2.15 and 8-11 p.m. on 0.52 m.e's per second.

H.K.T. (M)

12.0-12.20 pun. Relay of Service of Intercession from St. John's Cuthe- dral.

12.30 Songs by Stuart Robertson (Bariteno).

Vou And Barnabas Geezy's Orchestra.

Vuise Triste (Sibelius); Hindu Song ("Sadko" - Rimsky-Korsakny)....

The Boy of Biscay

Orchese Snacy Arethusa pony

(Davy);

Stuart Robertson; (Rixner); Ragamuffin (Rixner)....

The Spanish Lady Limehouse Reuch (Prue- Stuart Robertson; Forget It, and Smile (From 'Ich War Jack Mortimer'); Puszta ("Dorozs

Szełmulom"-Mihuly)....Or- mat

The Judge: What phrase do you "Somebody suggest he should use. who hit him?" You object to the person being called "n attacker?" Dr Thoma Sald there were Mr. Birkett: I most certainly object It is the whole ma of blood on the torch consial-

having been to the word "attack."

of the defence here. Point ent with wiped neross some bloodstained sur- The Judge: Do you object to the Orchestra: face. It was of the same group as word assailant? that of the dead man. There was no

Mr. Birkett: I do indeed, str. Blood on the outside rim, which

The judge then suggested the use "the individual who would be the first part affected if the of the phrase torch was used to strike anything.

caused the injury" and turned to Sir The life preserver also bore a trace Bernard, who said "I think that it is chestra, this

of blood on the outside of the web-splitting bales."

was also of the same bing. This group as the dend man. He thought the webbing had been washed.

Mr. Birkett was making his speech in defence of Edward Royal Chaplin, 35-year-old builder's foreman, of Abbotslry Rond, Morden, who is accused of murdering Casserley.

After reminding the jury that the muzzle of the revolver was

The close of touching the temple their decision concerned

What happened in Dual rooms fate of a fellow creature, Mr.

none of Chaptio's doing in the sense Birkett said in his speech:

that it was thrust upon hon and, in "Largely owing to the folly of the efrcumstances, be really had no an any guilty sense, In Br the prisoner himself he finds part,

death of Mr

Tassel ley.

a he wished they himself in the gravest jeopardy.

Mr. Birketi

+6475

NOT CAUSED BY A FALL Sir Bernard said that whal he wished to say, was that the wounds were not caused by Mr. Casserley falling or in any way striking in

number of in- self. There were វា

10 Time and Weather. 1.03 B.B.C. Dance Orchestra And Kitty Masters,

"It was not until April 30 that he could vimmat the be laculis tied it was not very difficult to determine liuries to the head and face, but they Times-PoX~

Hes.

EN

Dr. Thomas added that there was a sign as of a bloodstained hand on the carpet.

Mr. Birkett asked Dr. Thomas if

The age of blood, supposing ilic days examination look place two after i had been shed.

Dr. Thomas said that for treurney

ours that was-zu. Is it right to say that "0" and "A" are the commonest groups in which mankind can be meuped? That is

in

acknowledgment; and the things he did afterwards. ever made public

FOR MRS. CASSERLRY'S SAKE that he was at the house that night.

Chaplin was about to be the father that unent, subterfuge, y Up tu stratagem--to use the plains words, of a child born to Mrs. Casserley. He was fat anxious that there should be "You will not convict man of publicity for a matte of 1 kind murder or of anything else beenuse, for Mrs. Casserley's sake

man path 24 lorgiven it, is the of folly, because of foolish and piti-

ardenness of much a tragedy und ful stratagems and devices.

catastrophe. he did an act of folly.

more than that, Chaplin would tell them how he tried to fire imself from any laks To take the ring with the ingedy.

SANCTITY OF HOME LIFE "Was it a preineditated murtier or! with. deceased 2724421 nat? The

whose death this man stands charged, whs the husband of the woman with

Wint

whom he had had an intrigue.

to deal

"It is sald, and 1 with it, that the husband stood in the way. That is the kind of thought and idea which permeates into the

findst him be got rid of. will not bear exumination moment. nomers.

i1

for

"

"Rightly

The Merry-Go-Round Broke Down -Fox-Trot; Le Touquet-Pase-Doble The B.B.C. Dance Orchestra; directed by Henry Hall; She's The Womati On Earth (J. Wentthiest Godfrey Trot The Phantom

Musters; Radic Killy

ΟΙ A Song T

The B.B.C. Dance Or- were less severe. They included a bruising on the uper part of the left chestra; Love Is Like A Cigarette syeit eyelid, which might, in ordinary Many Happy Returns Of The Day Innguage, be called a black eye.

Music Hath Charms).... (From All the bruises were consistent Kitty Masters; Breathe On Win- "Over She with a struggle of some sort, Sir dowsFox-Trot (From

Case-

Goes'); Mine's A Hopeless Bernard added.

Mr. Ulickelt, cross-examining, sug- Fox-Trot (From 'Ove She Goes');....

The B.D.C. Dance Orchestra.

And that almost every other per-gested to Sir Bernard Spilsbury that son is either "0" pr. "A--Even it was impossible for Mr. Cassericy to be near the hole in the wall when the bullet was discharged, and that it was more probable that he was standing near the bureau, Mr.

The other two groups are very nuch less common?-That is ac.

A MATHEMATICAL

PROBLEM

Sir Bernard sild that in his view that was impossible.

Dealing with the ruineoat, seemed to assist the theory of the Birketi suggested that on the right burglar 11s pathette disposition f the allver articles was designed for breast there had been a bloodstain of some size, which had apparently been the same matter.

raid Mr. Wiped or washed. or wrongly."

Dr. Thomas: I am quite certain Mr. Justice Humphreys: I think Birkett, "These two people were very fond of each other. You may think

Mr. Birkett. who agreed, said to Sir Bernard. "You know Mr. Temple

Sir Bernard nodded. Grey?"

there wa

that fally to be paid for in blood is there bloodstain of any large this is a mathematical problem.

and tears, but it was, after all, humanly exeusable, and that is the view I ask you to take about it."

TATTOOING CAUSED BY SHOTS

"It is not for me to excuse that which I have termed intrigue. What ever our private view may be about matters of that kind-the sancitlty

Mr. Robert Churchill, the gun of home life-it is not the first time! that kind of intrigue has occurred, expert of Orange Street, WC, was and it will not be the last."

the first witness.

1.30 Reuter and Rugby Press, Weather and Announcements.

1.40 Tschaikowsky-Casse Noisetto Sulte Stokowski and The Philadel- plita Symphony Orchesten And Other Compositions. Nutcracker

Suite, Op. 71A.... Leopold Stokowskel and The Philadei- phia Orchestra; Jeanne d'Arc-Adieu, orets....Maria Jeritza (Soprano); Divertissement (Variations from the Ballet "The Sleeping Beauty').... Orchestra Symphonique of conducted by J. E.

E. Sayter.

2.15 Close Down.

0.0 Beethoven-Symphony In D. Major, Op. 36.

Paris:

No.

2

Played by The London Philbar- manic Orchestra conducted by Sir Thomas Beecham.

6.33 Songs by Kirsten Flagstad (Soprano).

Dr Thomas agreest that when he

possibly say that it was blood. sad rection for blood he could not

There were no hairs on the torch,) Mr. Birkett continued: "You know Mr. Temple Grey to be a medical he witness saúd

When Dr. Thomas said the blood man of high standing. If he has, in on the life-preserver belonged to fact, worked this matter out and says Group "A" Mr. Birkett said: That the situation I am putting to you is Is a common group, it does not really the only possible one, what He said he had examined the pis- | follow that I is the blood of the dead would you say

to that?" Speaking of the evidence that Mr.)

Lachen Und Weinen, Op. 50, No. Sir Bernard: I am afraid, unless 4 (Ruckert-Schubert); Meine Liebe Casserley was seriously addicted to tol, and the various cartridges and man?

"By no means," Dr. Thomas re- he could prove it by diagram, I drink, Mr. Bickett said it did not, bullets in the case.

Grun, Op. 63, No. 5 (Schumann- The trigger had it be pulled for plied.

should not agree. tend to make a very happy house-

Bratums); Die Forelle, Op. 32 (Schu- cach shot. If a cartridge misfired, it Dr. Thomas, re-examined by Mr. hold.

Mr. Birkett: That is exactly what bert): When I Have Sung My Songs When Mr. Chaplin came along," remained in the chamber and the pls-McClure, said that if the torch had he has done.

"und the tol had to be held by the hand to inflicted head injuries he would have Mr. Birkett continued,

expected it to be covered with blood trlendship began to ripen, and to eject it.

and to find hairs attached to it. lpen, and to ripen, it did not seemi at that time that they were doing a very grievous wrong.

THERE WAS A STRUGGLE·· "Look at the case for the prosect- tion. Did you ever hear of a murder being committed by a pistol where It was first necessary to take a blud- Keon?

Mr. Churchill demonstrated with the pistol how this was done.

One cartridge which was unfired, he sald, had a mark of the trigger on the backs Indicating that it had mis- fired.

blackening

PISTOL PRESSED AGAINST

SKIN"

the

lat

(Charles).

0.43 Vladimir

Sir Bernard said i was quite clear that the skull of Mr. Casserley was Plano. not fractured.

Mr. Birkett: A man may have his sicull fractured by blows in many places, but still be perfectly cons-

MAY FAIR HOTEL CASE CALLED

at the

No.

7

Horowitz

Traumeswirren, Op. 12, (Schumann); Presto-Passionato (Ap-

Op. pendix to

22-Schumann); Scherzo No. 4 In E. Major, Op. 54 (Chopin).

7.0 Light Orchestral Variety. Liebesleld-Old Vienna Waltz (Kreisler); Liebesfreud-Old Viera Waltz

.Vienna Boheme (Kreisler)....Vien Mr. Birketi recalled the May Fair | Eira; Danse Espagnole (Grana-

aware

Sir Bernard Spilsbury described a clous?—Yes. post-mortem examination of the He carried out tests with the pistol

body: distance fat Looing

was clear," he said, "that the to see at what

held with occurred, he said. He produced a series of cardboards, which were weapon had been

inuzzle pressed very firmly against Hotel case, when, he said, a jeweller

Edith

Lorand and Her handed to

to the jury.

the skin and held firmly in position had his skull fractured in many "There can be no gainsaying that

At one, two and three inches, 11 white the weapon was discharged, so places and remained alert and strug-Fantasy

Viennese Orchestra; Cupid's Parade. (Rivelli); Dwarf's Patrol. for some reason or other, there was

kills com said, there were considerable marks. white

everything that

escaping from the gling. "four

Salon a struggle. I say that

.Little Fantasy AL

(Rathke) "I was not

of that," Sir Orchestra Sarneval-Fantasia Inches, smoke

Sagchockwalzer Valk- pletely any theory of premeditated

and scorches

disappeared. A sis muzzle passed at once into the skin.

including the smoke and the bullel Bernard said.

slied: Rheinischer murder."

inches, there were noticeable mark-

itself."

Mr. Burkett: The blows In this Eddie Saxon and His

tls German Mr. Birkett said there was one

of tattooing. The pistol, tngs of vitally important factor.

There was a wound at the back of case, which produced these lacerated Orchestra; Tangoland; Intro:- You At eight inches, they got sighter. the bullet from which

the neck where a bullet had passed wounds, if they had been inflicted could never be true; O Cara Mia; caused the

and in this with the life-preserver or the torch, Plegarii; Goodnight Vienna; An Old death of Mr. Casserley, was not the At ten inches, they were very slight just beneath the skin,

case, he thought, the pistol must have would have fractured the skull? Spanish Tango; Vira! Yical; Oh! It was the indeed. It was possible to get orca- prisoner. stol of the

sional tattooing up to twelve inches,

Donna been discharged at least six inches Yes.

Chura; Jealousy. Geraldo of Mr. Casseries himself.

from the wound.

Sir Bernard said the bruising on and His Sweet Music; with

vocal Counsel proceeded to explain that but only occasional.

lounge that) The Judge: That is the effect upon

Picking up a lite preserver, Sir the face and forearms was indicative chorus. Chapin entered the night to tell Mr.

Casserley that he cardboard. Would

7.30 Closing local Stock Quotations. was the father of the child that was the skin be much the same-With Bernard said it could have caused of a struggle.

7.32 Czech Philharmonic Orchestra. about to be born. The situation was the skin, it would be just os notice-

Slavonie Dance No. 10 In E Minor (Dvorak); Slavonic Dance No. 12 In Flat Major (Dvorak); Slavonic Dance No. 14 13

In Flat Major (Dvorak); Slavonie Dance No. 15 In C Major (Dvorak): Slavonic Dance No. 11 In F Major (Dvorak).

7.50 Lotion Itelay London Log- 8.0 Time, Weather and Announce-

bound soon to arise.

The suites

Ing

M

Chaplin

was

able.

the effect upon

Cross-examined by Mr. Birkett,

that he was carry Mr. Churchill said the mechanism of

fantastic,

the platol was working much easier to the houre never

now than it was when he first saw that even an interview felpating

it. fake place.

Murly

will tell you." Mr. Birkelt! Grit had disappeared, and it closed

that

nic, when Mr. Cusserley himself was dry and dusty.

there came a stage quite properly. When he first saw it, it added that he Churchill Mr. thought the defects might have been caused by carrying the pisto! in the pocket for a long time.

Mr. Birkett: The owner of the pistol, who knew its defects, cnukl operate it more cnally than a sin Her?-Yes, I should say so.

it was

that revolver from the second druver of

of the

bureau. "Mr. Casserfcy dre

drew a revolver, und

simply and

and solely because of that not that Mr. Chapin exer- cised forcible restraint upon him.

how he en "He will tell you deavoured to push the revolver above the head, how it dropped to the floor, how there was stooping to pick up the

it had revolver from where fallen."

re

first shot.

He

PATHOLOGIST TELLS OF

DISCOVERIES

Saw Bridesmaid Ablaze, Rolling on Floor

1

PHOTOGRAPHER'S STORY

Mr. John Gillespie Clayton, Coventry photographer,, in whose studio two bridesmaids received burns which caused their deaths, collapsed while giving evidence at the inquest recently. He rested a few minutes before being able to con- tinue his story.

The fire, which was on April 23,] broke out after the dress of one of

Sn

NO NEGLIGENCE

Miss

menis.

8.02 London Relay Gazette.

'Empire

A topical review of ovents over-

scas.

8.30 B.3.C. Recording "A Shanty Party From The Gravesend Pilots": with a Broadcast Commentary Mr. Cil Madden.

by

9.0 Studio--A tsik on local "Lawn flame... Belleve me, it was not

Bowl" by Claude Hosking. n normal flame.

9.10 Mischa Levitski (Piano) and It was at this point that Mr.

Gerhard Husch (Barllone), Dr. John Charles Thomas, patholo- the girls in a wedding party Clayton broke down. When he had

La Sinccato Etude (Rubinstein): He would tell them how, in an gist, described his examinations of touched electric heater. The recovered, he continued:-

Campanella (Paganini-Liszt). attempt to push it up to force Mr. Blood.

"I flicked a flame off the child's Mischa Levitski; Die Ehre

Gotics Casserley to drop it behind his back, He took a sample from Chaplin, he girls who died were six-year-old the revolver went off. He did not rald, and classified it as group "O." Josephine Mary Russell and Eunice back with the tips of my fingers, and Aus Der Natur (Beethoven, Op. 48, then I saw another girl rolling on the No. 4); Die Beiden Grenadiere (Haine know the bullet went through the loodstains on Chaplin's raincoat and Naylor,, aged twenty-three.

floor tearing at her frock,

& Schumann, Op. 58, No. 1)....Ger- skin of the neck. He thought it collar, the torch and the life-preser- The bride (now Mrs. Cheries "It was a sight I shall never for-hard Husch; Prelude In G Minor, Op. went into the selling. That was the ver belonged to group "A" that of Mitchell) and two other bridesmaids

Mr. Casserley.

23, No. 6. (Rachmaninoft).... Mischa Miss Leonie Kendall and Miss JDBC-get.

Levitziti. tell them that Mr.) Dr. Thomas said he examined phine Hollier) are still in hospital. Would

"I cannot understand how Casserley had his back to the bureau Chaplin's raincoat, and found vl Mrs. Mitchell la still unaware of the Naylor could have caught her frock

9.30 London Relay-The News. 9.50 Fritz Krellor (Violin). and Chaplin was Incing him. They denee that it and recently been death of the two brittesmaids.

in the fire. Since It was installed, in

Serenade Espagnol (Ginzounov, would hear that Casserley clutches washed. Inside the left sleeve cuff,

have taken 108 wed- and

January 1037,

arr. Kreisler); Jota (De Falla); Fair number of apote Mr. Chaplin, cousing him intense he found pain.

ding photographs, apart from people Rosemary (Kreister). On the outside of blood. of

Mr. Clayton was about to photo-in fancy paper dresses."

10.0 London Relay-Afternoon Ol Seeing Mr. Casserley's torch on the the left sleeve there was a thin smear bureau, he took it and struck at the of blood, and there was another in graph the group when he heard a The coroner, recording verdicts of

scroom. He told the coroner (Mr. "Aceldenial Death,"

th," expressed sym- All-England Lawn Tennis Club mck of the head. The wounds upon side the right collar.

pathy with the photographer, airo Championship Meeting: The Ladies' the head were caused by Chaplin Outside the right cuff, he said, aC. W. 1life):

"I looked round, saw a flame temp with Mrs. Clayton who had been Singles Finals at Wimbledon-A when he was being in that way small bloodstain, and on the bottom

arsisting

her husband. There. was commentary by R. H. Brand and H. of the right flop, a minute spot. On from the back of Miss Naylor's dress, attacked by Mr. Casserley.

fell. The the fold of the collar produced, there and was momentarily stunned. no suggestion of criminal negligence B. T. Wakelam; Cricket Oxford v. Cricket on their part, but the lesson to be Cambridget the struggle, they

Lord's jury would hear about elleks and was a sput of blood smeared out didn't know what to do.

Toarned was that there should be Ground, London; A commentary by about misfiring. The platol was in that blood diy

from did not "

Cohere was pandemonium. The fire appliances in photographers P. G. H. Fender; The King's Cup Air

alectric heaters | Race, Dr. Thomas, dealing with the flames simply leapt from one dress studios and int place Indicated

12,0 Close Down. to anniher, it was not a normal should be more effectively screened, by Sir Bernard Spilsbury, No doubt, pistol, said that blood had run unders

In

smcars

the hands of Mr. Casserley, and the | Chaplin.

bullet went into the

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Stu Erwin all bewildered

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Directed by H. Bruce Humberstone Autodata Procter John Brons à Sareen Plet by Syar Root and Fidal Panion, Raberi Chopin and Karen De Wail » Breed on an origined

For by lynn Bo

TO-MORROW ALHAMBRA

At The

„TO-MORROW'S PROGRAMME Pictures At An Exhibition By Moussorgsky

AN HOUR OF LISZT Radio Programme Brondenst by 2.E.W. on a Frequency of 845 k.c.'s.

H.K.T. (L)

10.0-11.0 .. Relay of Morning Service from the St. Joseph's Church. 11.0-12.15 pm. Relay of Morningt Service from St. Paul's Church

1. (Chinese)

12.15 Benin Molsevich at the Viano.

on on Short Wave from 10:0 amo Jarding Bown Lo Plufe (Debussy);

2.30 p.m. and 10.30 p.m. on 0.52 m.c.'s, per second.

Mouvements Perpetuele (Poulend) (Continued on Page 53

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