1934-11-24 — Page 10

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LONDON, MARSEILLES, ANTWERP & ROTTERDAM

THE CHINA MAIL SATURDAY, NOVEMBER 24, 1934

MURDER CASE WITH

NO BODY

Convicted Man's Appeal Not Upheld

саве

LORD HERWART ON "ODD OMISSION"

The "murder without a body" came before the Court of Criminal Appeal last month, an briefly outlined in telegrams at the time.

Thomas Joseph Davidson, 38, "poultry farmer, of no fixed address, was sentenced to death at the Cen- tral Court for the murder of his eight years old son. He was found guilty of jumping into a canal with the child and afterwards leaving the body on a burning refuse dump at Stockley (Middlesex). His ap peal was dismissed.

He had been recommended to mergy by the jury,

Davidson was in the dock in charge of three warders..

who

Mr. Frederick W. Wallace, appeared for Davidson, sald that a witness had alleged that, on three occasions, he saw Davidson with the boy, but apart from that, no trace of the child's body had since beeti discovered.

Lord Heward Is it not rather odd that, at the trial, nobody seems' to have drawn the attention of the judge to the fact that the corpus delicti had not been found?

Mr. Wallace confessed that hel had to decide the matter and thought it better not to make the submisalon at the trial because he was confronted with three different detalled "confessions" by the pri

HAUPTMANNE HOME; BRONX NY

PENN

VA

YORN

This map shows the golage and canings of Bruno Richard Hauptmann after April, 1932, when he is alleged to have collected the Lindburgh ransom. The photograph reveals him enjoying him-

self: at the beach with his own child on one of these trips.

DR. BARNES ́ON' MIRACLES

No Breaches Of Laws

Of Nature

The Bishop of Birmingham, preaching before the University of Lord Hewart-It placed the Judge Cambridge last month, discussed

a difficult position when the

"psychological" miraclea, main point was not brought to his material" notice. Mr.

Bod

ENGLISH PEOPLE IN EXPERIMENTS

Not Willing To Be Made The "Subjects"

TOO INDIVIDUALISTIC "Englishmen are too indivi- dualistic to appreciate the use of He declared his acceptance of the either themselves or their chil Wallace Bald Davidson retracted these state-former, which he defined as "mind-dren for medical experiment."

an explanaion to states which reveal the active pre- ments and gave the jury why they had been made. sence of God."

The "Confesalons"

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that later!

This suggestion was made as the explanation of why Britain tended to lag behind others in large-scale immunisation experi- ments, even though British scientists might have been res- for the necessary ponsible laboratory work.

But, Dr. Barnes added, adequate the existence of for "The first point I desire to evidence make" continued. Mr. Wallace, "is"material" miracles-"breaches of that this is a peculiar case in which so-called laws of Nature"was not a elrcumstantial allegation by the forthcoming.

The question is raised by the Crown consisted of 'confessiona' "That view of the extent and de-

present position in regard to made by Davidson, and that, apartvelopment of the Universe and of

Two from, the evidence which emanated this earth which is the result, of whooping cough research. from the man himself, either before scientific inquiry is now accepted English scientists, Dr. A. D. or during the trial, there was not by all but ecclesiastical cranks," he Gardner, of the Oxford Univer. sity Pathological Laboratory, the slightest evidence of what is said.

case as this,"

legally called the corpus delicti. It personally believe that the and MF. P. H. Leslie, were able

so specially demore than two years ago both t has been held that an unequivocal mind of man has confession is sufficient in such a veloped that we can, albeit most identify a particular strain of

imperfectly, understand the purpose virus as having special resis of creation and the character of tance-building activity and to Mr. Justice Avory said he recol the Creator: there is thus some describe a reliable method of leced prosecuting in a case in which community of Nature between God diagnosing whooping cough when

developed,

and man."

a journeyman baker was alleged to have killed another man and placed

Tests In America "I myself have no doubt that God the body in an oven.

reveals Himself to those who walt This double research paved "Nothing remained but a bone upon Him. Were this feeling not the way for a practical test of or two," his Lordship remarked, both general and with some basis in the efficacy of immunisation "and they, of course, could not be truth, the babit of prayer might against this disease, Yet it was identified. There was no other be expected to ceaɛe.

left to Austria and America to

evidence of the disappearance of "Thus I accept what one may make the necessary tests, a

the body. However, the man was call-psychological miracles; mind many as 600 children being used convicted."

states exist which reveal the active in the latter case. Mr. Wallace said his, second point presence of God. But adequate "It is clear that recent work was that the judge did not put all evidence for the existence of abroad on the specific control of the prisoner's retractations clearly material miracles-breaches of so-whooping cough shows great called laws of nature is not forth- promise." comments the "Lan to the jury in the summing-up..

Mr. Eustace Fulton having re-coming. We may grant that God cet."It is true that it owes plied for the Crown.

can work such miracles; the evid-much to English workers and,

The Lord Chief Justice, announc-ence that He does so is lacking." ing that the appeal falled, said the fury were entitled to come to the conclusion they had. Although, the 24th Nov. prisoner retracted at the trial the 22nd Dec.confessions he had made earlier, he did admit that he had seen. the boy

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dead.

In those circumstances the proof that the boy was dead did not rest upon unsworn testimony but on

DR. INGE FORGETS

Why He Was Absent From Oyster Feast

Dr. Inge, who retired from the Deanery, of St. Paul's on October

2nd Jan. sworn evidence given by Davidson 2 to live in rural Berkshire, was

at the trial.

The Law Of England

given the chance, English work ers are ready and willing to re peat and extend it.

"But how is it possible for immunologists in Britain to assess at first hand new advances. in the control of this or any in- fection unless opportunities are provided. fully and freely in the interests of the public health ?"

Ministry's Attitude

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Dr. Gardner, commenting on to have responded to a toast at this, said: "I should certainly Colchester oyater feast, but he agree that such clinical tests are The law upon, that matter had failed to appear. The mayor, more difficult in Britain than in

English Tel. been accurately stated in "Hals- Alderman Benham, later received many other countries. bdry's Laws of England. That a letter from him stating:

people are more, Individualistic in 8th Dec. Authority stated *****

"I am overwhelmed with shame their attitude to any suggestion 4th Jan.where no body, or part of it and disappointment I have that they should be made the

has been found, then the person been looking forward to it more subject of experiment, accused shall not be convicted of than I can say, and then in this. The attitude of the Ministry 7th Dec. murder of manslaughter unless place. Brightwell, where all days is shown by the fact that I was there is evidence either of the kill are alike, I actually mistook the able to interest an authority at ing or of the death of the person day of the week. I can only ask headquarters in the possibilities End Dec. alleged to have been killed. you to forgive me, for my rude of this form of work, and, that, through his interest, some form

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"In the absence of such evidence ness, and to accept my assurance there is no onus upon prisoner to that it is I who am punished for of test le to be carried out at St.

Mary's Hospital, Paddington." 24th Nov account for the disappearance or my carelessness. 11th Dec.. non-production of the person alleg

ed to be dead

25th Nov. In this case, said Lord Hewart,

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to the absence of answe

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