THE HONGKONG TELEGRAPH, SATURDAY, JANUARY 22, 1949.
saved officer-
One question in court that
the life of a gallant WHY NO FINGERPRINTS?
THE Crime Passionnel finds no place in English courts of justice. Upon a trial for murder it is idle for counsel, however bril- liant, to refer with streaming eyes to the pri soner's love for his mother or his mistress or any other particular woman for whose sake he has committed the crime.
Murder is murder, and, unless he can put forward some real defence, emotional outbursts by an eloqunt waste of time, advocate are merely
account That fact possibly
may for the difference between the calm
The and dignified atmosphere of Central Criminal Court, and the somewhat remarkable exhibitions of hysteria which apparently thass -occur from time to time on the other
side of the Channel.
The trial for murder of Captai *X was not an unfair example of the difference in method.
I shall call him Captain X, as the tragedy of his life occurred in the not very distant past.
Estranged from
his wife
officer
Captain X was a Polish of considerable distinction in his own army, not only highly decorated for valour but a man devoted to his country's cau?c.
has Like ло many others he escaped to England, and was living In London, attached to the head- quarters of the Polish Army.
Kis
wife had also escaped and liviar In London. she, too, was devoted to his wile
That he was
was undoubted, but on estrange ment had grown up between them owing to the attentions of another
by Sir
Fabriel, Hastings
and the
phrase more or less to this effect: "Why don't you let him have his revolver and fel him shoot himself?" In this unhappy state of affairs Captain X determined, according he subse- to the statement which
made to the police 10 quently make one last effort to end the
Y. He Invited association between his wite Lieutenant lieutenant to come to see him.
Ile was living in rooms in the Victorin district, and the lond- declared that Da the fatal lord morning Captain X left the house and returned. shortly afterwards accompanied by Lieutenant Y: that the two men went together into the allting-room, the door of which was closed,
that after and Interval he heard three
whois.
into the body of the dead
fired in exactly the the bullet one had been opposite direction and mark was found near the window facing the chair in which the dead man was lying.
K.C.
man; It was inevitable that' Captain X should ba arrested and charged. with murder. The case was not brought to me until after he had been- committed for trinnt Criminal the Central Court.
This was undoubtedly the high water mark in Captain X's favour in support of his contention that Lieutenant Y had fired at him.
The other two bullet marics were very difficult to reconelle with the account given by Captain X and rained the main difficulty in the defence.
The first, had penetrated the been and had undoubtedly heart
he cause of death: the recond had caused a superficial wound on the dead man's face and had proceeded downward dircellon causing a revolver wound in the body. "in which the
From the position
short
He described the shooting in a way which, it accurate, was most un- fortunate for Captain X. He said the three shots were
rapid fired in succession.
He Immediately entered the sitting room and found an appalling sight. Lieutenant Y was half sitting, half lying In an armchair by the fireplace; he was dead, Captain was standing with a revolver still in his hand.
Polish officer whom I will call His statement
Lieutenant Y.
Captain X made every effort to
development of this unt prevent a
never varied
To the police Captain
X made
n
body was found it would have been quite impossible for that wound to have been chured it the dead man was then sitting in the chair.
The theory of the defence being that the two
fired shots were during the course of a struggle during which both men were sland- ing up, that difficulty alone was by no means insuperable.
Spilsbury's grave
evidence
happy association, but apparenti a statement from which he never was quite defintle, death had been
of Lieutenant Y was varied. the Influence stronger than he had anticipated.
While he was with his wife her old affection seemed to return, but whenever he left, her Lieutenant Y once more appeared upon the scene.
letters between them
Love lo
It
the
siderable
trial
one
durtig con-
be-
clear became quite
that subsequent
existed affection
X and Lieutenant tween Madame "Y, and there were produced some letters of a very loving character.
ΤΟ There
which made, as reference need be assumed considerable importance.
It was suggested that the husband ahoot himselt threatened to had owing to his unhappiness and indeed dishonour, and one of Lieutenant Y's Jelters to the wife contained a
caused by the
T
I have never known which jan In CASC accused man has more aroused my strongly
He was n sympathies. stranger in a foreign land and at the moment of his tragedy he was
without practically friends, Two main
danger points
To Captain X there. was but one defence, namely, that there was
a struggle and the inan. was killed by accident.
The two main danger points with which Cap- tain X was faced were obvious.
was
If the evidence of the lodging-house pro- prietor was accurate
and
believed it would be extremely diMcult to reconcile'
evidence with the that story of a first attempt by the dead to murder, a subsequent man struggle, and, an nccidental death.
MR. JUSTICE HUMPHREYS A masterly summing up
prisoner's that he went upstairs and continued
to make the beds.
the post- But unfortunately nortem examination, which was conducted by Sir Bernard Spilsbury, raised a question of serious import. According to him, and his opinion and heart wound
Upon the other hand, if the three was instantaneous; the head wound shots were indeed fired practically
instantaneously It would was the result of the second shot.
dimcult to reconcile that But the real gravity of his evi- little
deductions evidence with Sir Bernard's theory brose from the
was fired after dence
as a result of his that the last shot which he made
the death. namely that exemination, second shot had been fired after the man was dead.
scom a
It seemed to me that the plausible possibly correct explanation
and pass by Interval of time be-
It may have been accurate, but as he said it, it did not sound very con- vincing.
of Sir Bernard Spüsbury course, a witness of a very different type.
was.
He was quite satisfied that the last shot was fired after the man was dead, and nothing that could do would make him alter his conviction.
Someone had slipped
lic sald that he had invited Y to his rooms for the Lieutenant purpose of discussing the lieutenant's relations with his wife; that upon getting no satisfactory assurance he hnd decided to shoot himself and for that
had produced purpose
He arrived at this conclusion by revolver; that Lieutenant Y obtained possession of the weapon and had reason of the fact that he found no
tween the first and the last two fired the first shot at him; that trace of blood flowing from the shots, and the last two, alone being.
hind closed and second wound. thereupon the men
the
To anyone who knew Sir Bernard red almost at the sore moment. in the subsequent struggle
This would be consistent with during a continuing struggle. of this evidence revolver had been fired and to his
evidence was very difficult, was immediately the defence, and possible destruc- cross-examined tive of the medical evidence for the apparent. I surprise Lieutenant Y had fallen as well as I did, the deadly nature dead.
had
ans prosecution. be under too often to tend to throw him
possible Illusion.
witness As a
he was always
was im strictly impartial and serupulously fair, bat his knowledge mense, and once he had formed a delnite opinion, it was extremely difficult to shake him in his view.
I may perhaps it some light upon the divergent views put forward at the ensuing trial it in explanation is given of the dis coveries made by the police on their Investigation.
Three shots
har! undoubtedly fired, two had been fired bern
-A Tale of Italy-
The Man Who Came Back From The Dead
BY SIDNEY RODIN
JUST before Christmas Day I man to whom I elten, pay a few Ju
read this piece of informa- lire for news.
"I sent it on to the Messagero nt tion in my newspaper, sitting Rome and to Reuter's in Rome."
Molisano took me home to lunch at breakfast in London.
GUEST AT HIS OWN BURIAL BREAKFAST PESCARA, Tuesday-Mourners Bed
en
"Vincenzo Filotco
was a char-
There was, however, to my mind, ir noi lu- immense potentialties, one point which might well produce deed by way of actual defence at least mimicient to establish the exis tence of a real defence, of which the prisoner had been deprived.
Case for the
prosecution
If the case for the prosecution
was correct. the prisoner alone had Ared the three shots in question; it Captain X was right the dead man himself had fired at least one of them.
In these days, it has become the invariable practice of the police to test the fatal weapon for finger- their result of prints, and the
n most examination is frequently
"Did you send out that correc-important element in the evidence
for the prosecution. tion?"
"I did not send it to Rome because
I
If his view was correct the last
been shot could not have
fired
His
I
and was very glad to see him leave the witness-box.
The last witness was the police oficer in charge of the case, and
that I it was upon his evidenco largely based my hopes.
He was completely fair, and agreed that the bullet mark which was found near the window must have been fired-away---from-the
body direcilon in which tho
was discovered, but that fact had already the prosecution been admitted by and carried the defence no further, проп That was not the point which his evidence might be vital,
I asked the police officer if the had been prisoner's Augerprints
He could found upon the revolver. not say.
I asked him if the fingerprints of the dead man had been found
it.
he could not sny. upon
Again And then came the question for waiting. Why which I had been
not? To that question there was noi and could not be a satisfactory
answer.
The effect upon the jury was electrical. Someone had slipped. them of Someone had deprived the evidence which must so largely what was of ininitely greater im- have influenced their decision, and portance someone had deprived the de- prisoner of substantiating his fence,
But it should be, and, indeed is,
"Then,"
I sald again, "I would equally available to the defence.
The police alone are in a position several days had elapsed." Uke to see Filoteo himst31."
to make the necessary examination; "That will be very difficult," re-
a prisoner under arrest has neither plied Molisano. "He lives so far the opportunity nor the facilities to to soften the next blow, Over a away in an area so hard to reach, make such an investigation on his
Ecore or more tiny own behalf. bowl of pasta in brodo he said: "I There are n
If Captain X was to be belleved, quite accurate. What happened was which one he lives at I do not know the fingerprints both of himself and in panie today when Vincenzo Filoleo now find that the story was not vilinges on the mountainside, but เย แ at his funeral-ond
exactly."
of the dead man should have been. collapsed at the sight of the coffin and this.
"I will hire a enr," I said.
found on his revolver; if he was candles.
That would be very expensive," The man, aged 48, had been found.
"Petrol is 120 ire lying, an examination should have apparently dend. in a lonely mountain coal burner. One night he fainted farmhouse. After medical attention he from a heart attack as he sat in sald Molisano.
the before his humble home on the wooded a litre (about 5s. a gallon), and discovered his fingerprints alone. jotnéd the doctor and mourners at
Tho depositions. blank was to have been his funeral slopes of Mount Morrone, next to many parts there are inaccessiblo
magistrate disclosed no evidence of which by car." Sasso, Think story fascinated
I the famous. mc.
any prints, nor indeed of any al- -wanted!
what: It was Italians say looks like the head of
tempt at investigation. It was upon like to return from death. I wanted Mussolini lying in repose.
this fact that I mainly based my hopes. to ask Vincenzo Filoteo what re- collection he had of existence be- yond the vell, how he felt now that ilfe was given back to him.
breakfast-Reuter,
to know
1 SOUGHT FOR
"HIS ADDRESS
Gran
"Candies were lit by Vincenzo's relatives to see what was wrong. One ran down the valley to call the nearest doctor.
"Vincenzo looks as though dead, shouted the runner to peasants whom ho met,
SPREAD ACROSS THE WORLD.
"1 could see the doctor," "We do not-kriow who he is. There lo so much doubt."
"Does Vincéŋzo' Filoteo really exist?" I sald eventually. "The news was passed from one. "Oh, yes," said Molisano, "I think
But neither Molisano nor his ro-
So a few days later I flow to to another until the cry became; he does." Rome and took the train to Pescara,. Vincenzo is dead. Then the moun- a small town on Italy's Adriatic tala folit saw the doctor hurrying porter in San Valentino nor any-i coast, well remembered by men of
It has since been suggested that the question went only to prejudice care, wholly but any such suggestion is and not to any Issue in the without foundation.
It was fundamental, and I have in the no doubt, loomed forgely jury's mind when they retired to consider their verdict.
Something of a duel
?
The summing-up of Mr Justice Humphreys was, as in his case it always was, a masterplece. I, who knew him so well, fancled that 1. .could read into his words an Iden that something in the nature of duel may have taken place in that
So Captain X stood in the dock of the Central. Criminal Court. As the jury were duly worn I could not-help wondering what they of him, and what he thought thought of them.
I had never spoken to him indeed, I had naver БОСТ him before-but from his appearancs, small room, but whatever he fay past.
n Juryman, I think have thought his examination of the "Many joined the doctor.
I came to Rome. There I sought had been the they arrived at
work very hard before I should strictly fair, burner's house they found him to out Reuter's chief correspondent, the prosecution would have had to evidence was careful, accurate, and The jury were absent for a very told him that the resurrection him, covered.
have convicted him. Vincenzo
Fileteo no he had spread
short time. "He had come out of his fainting spell in half an hour. The doctor it across the world seemed to me to gave him medicine and left.
the English Army,
Vincenzo's ad- Thero I sought dreas. No one knew it. Few could
ever hearing of remember
"Oh, though some said,
yes, he was the resurrected man, but he lives outside the town."
nno else I could find seems ever When have seen, hlm. charcoal
be a myth.
Ho
of
The case for the prosecution was
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When the prisoner was brought DESIRE”
is the local correspon- lel to hamlet spread the miraculous story explained that he read the outlined by sonior counsel for the back Into court to hear their verdict
| Treasury,
as part of the normal stream of nows that flowed to him from his Went upstairs to Italian correspondents in various alive. He is sitting up in his Italian towns.
'ALAS, HE HAS
Then I sought out Albert Moll-
"But down the valley from ham- sang. Ile
Messagero, Rome's tiringa: Vincenzo was dead. dent of the
Now leading daily newspaper.
he Ho is also Reuter's correspondent collin'."
sent in Pescara. He
the story winging round the world.
liavo rem from London to Filoteo," I said to him, Interview "I would like to hear his full
זיי
story."
.
wondrous
make the beds
lie stood in the dock so dignified and immovable that he almost resembled
stone. carved in
and a strange feeling that even the warders wanted to apologize for In Rome I hear
The first important witness was standing there beside him.
back into When the jury filed which has been printed, I story,
Ho house keeper. HAD THE 'FLU' -
- am told, in como Italian newspapers, the lodging
Tho verdill "So, co," I said, to
Molisano, of a young girl in the south who, adhered stoutly to his story; the court every member turned his eyes wan "Not guilty.” And the verdict now can I go and see Filateo him when she crossed her hands on her shots had followed each other in towards the prisoner. self and hear his version."
bocom and prayed, doveloped a rapid succession,
But he was not entirely a satis- was one I would have given if I
had been standing in their place. Molisano spread bis hands in saintly image on her flesh.
He was a shado Scientists and doctors are said to factory witness. "Aino," dent is at San Valentino, which is marvel.
ho gave one piece of evidence Then he told me his version of 12 miles away, and he has been The age of miracles may not be cross-examination which I thought
ill with induenza. *-**
over, but this time I shall not even at the time did not impress the Jury. the mysterious businces,
But hope that He was asked what h6 didaftar "I got the
"When he recovered he sent me stay to marvel. tho story from village of Sari Valentino. It came a correction; showing that the story story hasn't gone round the worldinding the dead man and send- ing for the police, and he stated to me from an enthusiastic young had been greatly exaggerated, as Woll
of
Molisano zhook his head. "I am torry. Thero vory -doubt. I am afraid there was no
resurrection."
la muchi despar he said, "my correspon-, have, gone to scolf, but atayed to ton degraatic in his recollections, atkl
011
NEXT WEEK
Case of the Hooded Man
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