THE HONGKONG TELEGRAPH, FRIDAY, JANUARY 28, 1949.
LAST GIFT OF A
THE CASE
OF THE HOODED MAN
FATHER ABOUT TO DIE
TN 1912, at Lewes Assizes, John Williams was tried and convicted of the murder of a policeman at Eastbourne. He was executed.
I have no doubt whatever that he was guilty, but I have equally no doubt that, in law, his conviction was unjustifiable, and inasmuch as his trial was the first occasion upon which I had appeared for the defence -upon-a capital charge, the re- ault caused me the gravest disquiet.
John Williams was not his name. I was told that he was tho son of a clergyman, and that he was determined
that
his father should never hear of he had the depths to which descended. He was
a well-set-up young 'man, and his speech gave every -evidence of good education.
he By profession burglar, and he could scalo the wall of a houre like a cat.
Sweetheart of
great beauty
Was
a
At the time of his trial he was living with a young woman of remarkable beauty who was on the point of giving birth to a child, which fact formed one of the features of a somewhat unusual trial,
A piece of prison bread to his child.... Now nobody. can ever say that your father has not ever given. you anything'
by Sir
Fabril, Hastings
She telephoned the polico, and a police officer called on the man to come down.
The only reply was a thot from a revolver and the policeman fell
lead.
Eastbourne was combed for the murderer, but apparently without result, and the author of the crune might never have been traced had
his it not been for
Gubsequent betrayal, a betrayal under singularly revolting clrcumstances. Power betrays
his friend
A few days alter
the crime Power presented himself ot the Eastbourne police station, where he stated that he was in a position to identify the murderer.
When prosperous Williams lived In West End hotels, where he and his companion would dine in luxury; elded when trade was back return to the slums.
he
K.C.
So many Ingenious de- fences have been pro-. sented to the courts which obviously OWC their origin to minds far more acute than that possessed by the average murderer, that it is for better that counsel should have nothing to whatever
with them and in addition. always the thero is
that an ac- Krave risk of
blurt may man cused to which out some statement or even confession that may seriously hamper his ad- vocate in the conduct of his defence.
The plan was rendered no moru that Power attractive by the fact was of necessity a collaborator, and while the only accurate account what was arranged was known
that version the police, reached my ears as being derived from the giri herself, and therefore quite possibly exaggerated, was by no means attractive.
sion According to her she received a visit from Power Immediately after his call upon the police, when he Bald he had come to save her and Williams.
Ho told her that the police knew the full story of the crime. Includ→
ing the fact that the incriminating revolver had been burled upon the beach, and that they were proposing immediately to retrieve it
do
110
However, on this occa- I yielded to the prisoner's importunities. and for the first and only time consented to visit the accused man in his cell.
Not the faintest
sign of fear
Now whatever WD- Ilams's crimes and faults, Accordingly, the only possible way
wan at least un- had de- He said that Williams
to save Williams from the gallows he burgle the Counter's would be that he, to
courageous. Power, should inchingly hls would house;
not had started
where that be
accompany her to the spot with his In journey
company
the revolver was to be found, and whom he had left on Flis companion?
mainly were
paramour, criminals like himself, of whom the a bench on the front; that he had that they should together dig it up
in
a pro fired his revolver-whether or only one who appeared minent positiun at the subsequent merely to frighten the policeman was not clear--and, anding that
trial was a man named Power.
In
the man was dead, he had rejoined the giri and confessed to what he bad done.
According to Power, both
be
and remove it.
Arrested on
sald
the Ho showed
of fear. He sign faintest
except to deny that he knew any nothing about the facts of the case thing whatever about the murder.
About the
girl whose evidence against him was so deadly, he spoke the beach
with nothing but kindness; but when Difficult though It might be to
Power's name wag mentioned ho discover any redeeming quality in
The position of the girl was stated calmly that if only he could the character of the prisoner,
pliable. She was undoubtedly de- the case
case of
no would be of minutes there to be on Power it would seem
impossibility. man had posed as a close came alarmed and buried the re- voted to her lover, and she was in het Fower within reach for a couple
com- hor child was imminent; moreover, on a charge of murder. who shared. in volver in the shingle on the bench, a condition in which the birth of necessity for anyone to and devoted friend,
Having no money, criminal acti-
I warned him that the risk of an municated with Puwer, and he had the believed Power to be a true, many of Williams's
and indeed her only friend. to return to vities, while at the same time ap-
helped Williams
โป consequence, she fell into the unfavourable verdiet was great, and usked him if he wished me to try for a verdict of manslaughter upon the possible ground that the shat had been fired without any intention to chuse death.
This
an
they
parently nourishing a secret passion Londen, where he had made a full for the young woman with whom his friend was then living, and it confession of the crime.
may well be that this suggested
passion afforded the explanation of Trap set for
the almost inbuman
which Power
guilty.
betrayal of the girl subsequently was
was living in Eastbourne
who
was locally Countess.
known 5
trap.
蓄
defend him
Ste Patrick klaidings at the
time of the trial.
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he approached her with protestations officers were standing almost within earshot: knowing that she was un- of undying friendship, he knew that
willingly sending her lover to the gallows, he alded her with a pretence of tender affection in her search fo the fatal weapon: when he was or- rested with her, he knew that his arrest was just a sham
Taken out of
the country
As the horrible story was dragged out of him, it was scarcely surprising that the warders in the dock closed nearer to the prisoner, few would have doubted what Power's late would have been if the two men had been allowed to meet.
The same night she and Power With went down upon the beach. little dificulty she dug up the re-
He brushed the suggestion aside
When he left the witness-box one volver and, on rising to her feet, It was at once clear to the police found herself surrounded by police, almost with contempt, saying he thing at least was obvious; no pri-
of Power Was
Power were
would for rather be hanged than go
convicted it : could ever be Soner At the date of the crime there that the character
believe when both she and no jury would a lady such that
immediately arrested.
to prison for another year.
Power's evidence stood alone. the his uncorroborated evidence.
After the trial I heard that the Sir Frederick What followed next; must always
Low K.C., prose- So they decided upon a scheme
admirable in its remain a matter
for speculation as
based his case almost entirely upon try.
The only other evidence of any from the esplanade, ingenuity, was somewhat unpleasant her story and that of the police did cuted for the Crown at the trial. Ite police smuggled him out of the coun
the girl's statement. He asked that man on in its execution, although no doubt not completely tally.
greatest possible and one night she saw a
indulgence importance was that of the prisoner necessitated, the portico.
According again to her version, she the was told that unless she made a full should be extended to her, but himself. He gave his evidence well, would be charged pointed out that if her evidence was denying that he had any part in or confession she
only accepted the result of the case was knew anything about the murder. with murder, and that her hope of escape was to incriminala a foregone conclusion.
Her house was situated in a rond which, while running up
Are we losing the
breed of Drake?
by
DON TAYLOR
TAS the youth of Britain safety and security at all costs has
ture? Are we, instead, breed- ing a new generation of "social security conscious" youngsters? Many of those concerned in the training
these of young people days belleve that we are.
character,
They may be factor to take in to account. Our colonies largely lie in regions where-despite the Vances of science-the sun and the sandstorm, the mosquito and
life tsetse fly, can make pretty tough.
In a recent broadcast discussion
But we would never have the solitary adult on "Adventure,"
not been conquered-much speaker found the youngsters who cur Empire if these obstacles
wore his co-spenkers united in a shull we hold out. strong disapproval of his eulogy on
the spirit of adventure.
They thought it showed lack
of
its
tho
the
her lover.
What, if any inducement was held Surprise at the trial
out to her it is impossible to say, but the fact remained that she told the full story. very much as Power had foreshadowed; and her statement recorded and immediately
was
signed.
Police moved swiftly
I now
tho
to became obvious
that events must
move authorities quickly to prevent any possibility of ad-the girl remolded
girl retracting her statement. It was decided to entrust her to the care of a police matron, which, while possibly evincing a, tender care, would at the same time butt prevent any possible communication
hed with outside Influence. Less
DON'T BELIEVE IT Are there really no boys lying on the dockside walls these days steamers watching the deep-sea loading, and dreaming the old, tons Stato dreams?
be Do they really all want to civil servants or employees of na tionalised undertakings in safe jobs
home? at
a sense of responsibility! Is autlook the product of minds rear- ed in the belief that should mother them from the cradle to the gravo?
SAFE BERTHS
A friend of miné, a master in a London area council school, Ands, now, that boys are much more in- clined to plump for careers offering a safe borth and comfortable annual Increase in pay.
pare most invariably request
sions.
!
when
1 course
sho WRE
any
very
His cross-examination was detailed and prolonged, but did not add very much to the general story, and when the judge summed up apart from the girl's story before the magistrates, The girl was the first witness of there was very little evidence against
Importance, and although him. desperately sho looked
Everything depended on the sum beautiful. Her first words fell like ming-up, and, in my view, the sum- a bombshell She could say nothing;
is enough she could give no evidence, and she ming-up was most unfortunate. It. to say that the judge know nothing whatever about the directed the
Jury that they were murder.
entitled to consider the girl's state- ment as evidence in the case, and, if they accepted it, to convict the pri There was, of course, an appeal, soner. The verdict was "Guilty." but before the hearing the prisoner's unhappy born. The was child mother had no money and no friends, so my wife and I had to provide for her confinement. Condemned man
.
Low at once asked for and ob- tained leave from the judge to cross- examing her upon her statement be-
fore the magistrates.
Sho was taken line by line through that statement, and, while admitting that she had made it, she sold that every word was only forced from her by the terror of her arrest.
Question of what
is evidence
•'.
saw his baby.
The hearing in the Appeal Court was unfortunate. Tho Lord Chief Justice, Lord Alverstone, presided, was the first and, and although it indeed, the only time I ever appeared before him, I was not greatly im pressed by his legal acumen,
The prisoner was guilty and that was enough. The appeal was dit- missed
Williams was immediately arrested
The effect of this retraction gave and brought before the magistrates, rise to the real problem in the trial. when, instead of merely formal According to our law, a prisoner is evidence of arrest being given, as is tried upon the evidence given before the usual practice, the girl's evidence the jury, was given at the earliest possible
It is, of course, always permissible moment. Treasury Counsel app was to crosa-oxamine a witness by con- for the taken through her statement line fronting him or her with a statement by ne and she was only made on a prior occasion, but the police supervision effect of such a cross-examination is released from
From the outset 'it was apparent her
had been able to be misunderstood. deposition
that he was satisfed of the prisoner's I don't believe it.
formally given and signed.
As a means of discrediting the gullt, and no legal argument seemed When the Falkland Islands De- By this time the case had aroused witness it may be conclusive, but it to make the least impression upon
wanted eight an enormous
amount of public does not turn into evidence against him, Indeed, in his judgment he pendencies Survey
interest. Speculation had been first tho prisoner the contenta of the nover referred to it. men last year, to spend long, lonely months in the savage wastes of the aroused by the decision of the police statement the truth of which the.
that Williams on his journeys · be- wliness denies, Letters I get asking about Em Antarctic 500 applied,
prison and the polico pire. prospects -- from
Survey tween the boys and
And, don't forget, three
recently lost their lives in that court should envelop his face in a about security and pon- hostile
world of ico.
vell When the East African, ground- So the palsoner became popularly: Surprisingly, I get a far larger nuts scheme with all its discom-known as The Hooded Maa. number of inquiries
from
men forts of climato and isolation-was Power's share in the betrayal had, above the 30 mark-and rarely do first launched, some 100,000 volun-been carefully excluded from the those bother (at least in the Brst teered for the 2,000 or so Jobs evidence, but some suspicion of his instance) about Buch things, "as avalable.
complicity must have leaked out. security,
'SWAMPED'
council schoolboy is affected. The Overseas Food and the Colonial Do Colonial Service, which wants in velopment Corporations that they the main products of the univers are swamped with applications for nities, has never been so short at Jobs in Empire countries.
He showed no sign of emotion as And then there ure such men story was accepted the result of the other words, bar evidenco on this he kissed it affectionately, and then SERVICE DRIVE
and their namo la leglon In the trial was a forgone conclusion; there part of the case was purely negative. pressed a small piece of prison bread into its hand, saying as he did so: Throughout the 40 or so countries British Empire as Major W. Nelll. was a muspicion and, no more, that
The cross-examination of Power "Now nobody can ever say that your of the Colonial Empire there are A lone white man with bis Afri- Power and proved
dramatic. Never father has not ever given you any jobs going in practically All "boys," he has been surveying Judas, but even if that muspicion in my life have I met a more utterly thing."... branches.
2,000 miles of the old Nigerian ahould prove to be well founded it contempuble human being.
was hanged. Bo near to crials - is',
slave trails in the heart of service
the amounted to no more than an that in the next few months it is, tsetsa-ridden bush, so that they can element of
of prejudice.
The betrayal of his friend was bad launching a drive to attract the be turned Into modern highways.
My
antioty was increased by the enough but the story of his treat- grammar-school or public-school wager the major didn't go very urgent request of the prisoner that ment of the girl, also according to Loy before he goes up, to the deeply into the "social security" I should visit him in prison.
him his dearest friend, must have nide of it before he took on this siniserally.
I have always belloved the practice revolted everyone. Now wo are certainly in trial of, montal and
collaboration with the police, When desperate position is an urge for durance physical, en- of such visits to be most, undesir Everything he did to her was in
iable,
The last thing I heard of Williams come from one of the prison officinis. The result of Low's cross-examing- Before his execution he was allowed a visit from the mother and his child. tion, in my opinion, amounted to
According to the usual custom they no more than this: the jury were entitled to disbelieve the witness were separated by a grille, and he when she stated that she knew no-
naked to be allowed to hold the baby. with a but they The warder in attendance, thing about the murder, wero not entitled to treat as evidence not unnatural kindness, took the the contents of her deposition before child from its mother and gave it to
which tho had him ...the magistrates, in -Very naturally the case caused mo. given a detailed account of the oc
night. In It the girl's currence on the fatal the greatest anxiety.
It would seem that not only the Again, I am told by both the An urgent
stoff.
-
the
can
request
himself I
on was oven mero
The next day he was
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