1959-12-12 — Page 7

WAS EVER A WIFE'S FAITH PUT TO SO CRUEL A TEST.?

HIS FRIEND SPEAKS AND

(Continged from Page 6)

Godfrey Higgs, leading the defence, rose to object to the admission of the photograph of de Marigny's tingerprint as evidence. He asked the Chief Justice why the photograph should be Introduced at all. Surely the screen iself bearing the Angerprint Was the best evidence?

Sir Oscar seemed mildly dis- approving of the interruption of the Crown examination. "There should be no objection to that," he said.

"But there is no print on the screen now," said ilggs.

Sir Oscar asked: "What more do you

want than this latert raised print and the photograph of it?"

Higgs said: "1 can prove that It is improper to raise the print. We have only Barker's uncorro- borated word that it came from the screen. It is my contention that the needless destruction of the actual print on the screen has not been satisfactorily ex- plained and that the raised print should not be admitted in evidence."

"Does the defence mean to infer." asked the Chief Justler, "that the fingerprint may be a forgery?"

"'1 do, sir."

The

Coincidence?

recess of the court that night left the defence in high hopes that the Chief Justice might throw the whole finger- print evidence out of court, but next day these were dashed. Sir Oscar decided that the print should go into evidence ariel that the jury would decide if it

really laken

was

pereen.

from the

But Higgs had Barker groggy. Under remorseless que

sali: "I cannot tioning, Darker say if I dusted Sir Harry's bed for ingerprints...I don't think I dusted the thermas or the water glass, or the

lampshade,

or the stairway in the hall...

the prints on saw the blondý southern door of Harold Chris- is room. I dusted part of these prints

HIS ALIBI IS RUINED

FOR THE DEFENCE: Godfrey Higgs, leading counsel

for the defence, with Raymond Schindler, detective.

to Mind if trembling hand, and when i get back at's the last thing I do."

her elf with a palm fan. So i went on day after day for three days.

Barker was still upright, but he was a week.

FOR THE CROWN: The Attorney-General, Eric Hallinan, and assistant Alfred Adderley.

Ianned worth £3,000 to £4,000 com- acres and prising a hundred two big houses.

Bbc started one sentence with the words, "the accused ...." but covered her face in her bands and said, "I will not use that word, I hate it." She said how upset she was at her daughter Nancy's marriage to de Marigny, and how Sir Harry changed his will.

the lold

antipathy between de Mangny and father-in-law.

Higgs ripp.di inta him, He Arrested to Barker that the whole finger- print incident was "fabricated evid.nce," he suitgested that Barker had "wept aside truth"

"desire kin

for gain

She or He rigested that notoriety." Barker had tried to incite Lady Oakes into hatred for her non- in-law by giving her the most gruesome details of the crime.

in

suggested that Barker had "destroyed evidence."

James Otto Barker denied it all but walked from the bar a

broken man. Nine years later he died a violent death, shot in a struggle with his soft.

Gaunt

his

. He described how the Oakes family was at first friendly and then unfriendly. He denied he had said he would crack Str Harry's head. He went on at length for the rest of the day describing the events of July 7-the day before Harry Oakes was murdered-about his party, driving two of his women guests home, returning. about is friend Georges de Viadelou who was at his home that day and about Georges' cat which had disturbed their sleep, "Alfred was not accepted in

He told about the events of the family because

afler Cakes irresponsible," she said. "I also the following day

had been killed. alienating was thou

The crisis

he

WUS he

Sidney her son) from 95"

Hallinan thea charged flally that de Marigny's illie of

"Count" was a fake. De Marigny replied that both the families of Fouquereaux and

former

At the party

}

MOMENT OF TRIUMPH: The long trial is over. The jury have given their verdict

of Not Guilty. Outside the courtroom Alfred de Marigny embraces his wife (right).

did

not three_1.10.

taken a room

feet and to the

Was

smiled

at

Georges

frowned.

de Marigny were entitled to use to the fact that the accused it with Georges who had a bad 1.30 on the night of the murder. the title Count.

the candles, and exclaimed about cold and was feeling unwell. He also answered a summons to "Did your

wife, burning himself. Cerretta added She fell asleep on a couch in come to de Marigny's room and Ruth,

at de get Grisou, the cat, away apartment, call herself Countess?" that de Marigny lit the brandy George's

that was served after dinner. "Yes, against my desires."

Marigny's house, and

So far so good. Hiers Est De Marigny went on, "I have All this helped to explain rejoin the party.

get to down. Adderley asked both the local newspapers burned hairs found os de The Marquis Georges de Vic-

mesmerised not to use the title Count in Marigny's arms

and in his deleu Gulbeny had moved out

Georges is seemed na if thern referring to me."

beard.

The man who killed of his apartment, in the de

interminable silence, Harry Oakes had tried to set the Marigny home after his friend's house on Are, and the proscution arrest and had

Adderley's eyes were kind. He

at Georges. hod drawn a different signifi- over Dirty Dick's bar on Bay

smiled backt. Street. cance from the burned hairs.

Then took Now he

Adderley the witness Next wliness was the prelly Adderley, sitting beside Hal-

Georges blanched. Betty Roberts, friend of Georges stand. just too happy de Visdelou. Jinan, looked

He was.

De Marigny In the morning of the fifth,

more beautifully

felt his stomach with the form de Marigny'a

lighten. Would the A1 3.18 on the afternoon of the Altorney General; Eric

Her blonde hair fell to her dressed than ever but visibly muscles answers were taking.

never start? Some- November 3, the Crown com- Hallinan, appearing with Adder-

shoulders, and she was assured shaking. All his old spoir-faire cross-examination thing was up his sleeve.

Adderley nsized gently about pleted their case.

ly a most pleasing sight in her had deserted him. His friends ley for the Crown, rose to cross-

"IL WOS cat.

on the Alfred de Marigny took the examine, The two were at Inst

who loved De Marigny was followed on, green and while striped dres

him, trembled for the

can't exactly withers-sland on the morning of face to ince,

premises but I They matched the stand by Basil McKinney Speaking with

pretty him. looks. neither

Under the friendly, examina say where it was," Georgos sald, yielding and Freddie Cerretta, who had: Bahamian accent she confirmed Its November 4. The Crown switched

I recall exactly opening Until that day he had been Hallinan'e voice was

quiet, boen at de Murlamy's party on the incident

burned ton of Higgs, Georges said he "but attack to de Marigny's labyrin-

An actor in a dumb show who Throughout the trial there hod July 7.

(Continued on Page 8) hands and told how she went had spoken They drew atterition

to de Marigny at financial operations. Lunk manager, John H. Ander- winked and waved but was not been no forensic listrionics.

The spectators had He continued: "If I hud son, testlifed that de Marigny heard.

from some listened while he had been powdered round the area where told him, "apari the print was lifted it might property at Governor's Harbour, called an adventure, playboy, philanderer, and murderer, but have been possible to discover I have spent my last cent."

Anderson went on to tell of as he stood there in the box o whether the rest of the fingers

repayments and feeling of overwhelming emotion in the hand touched the serven." borrowings,

Occasional overdrawings by swept the court that the man "Did you power the area?"

d: Marigny.

At one time, in they had come to know so well "No."

Septeraber of 1941. de Marigny by sight and reputation was a was overdrawn to the extent of man they were leally about to

meet for the first time.

1e was the

รถเ naked politely what Barker dusted happened when the prints.

Barker: "Purts of the were obliterated.”

area i

"Prints left on the serven by others were destroyed by the humidity. If the accused were there that night would not His be destroyed too?"

"We were fortunate to have

found it," said Barker.

"I don't bellove fortunate' is the word," said Higgs sharply. coinci- "Let us say It was a dence we found it."

£2.612.

The saddest mement in

trial

Ai no

'A fake'

Itzllinan looked down for s second at his notes and be- gan, a first question unexpected. "What is - your father's name?" he asked.

"My father's name is Alfred first examined by Fouguereaux."

Hallinan's eyebrows raised. He came when Lady Oakes Hings and he accompanied his

the name of de took the sland: A woman who answers with expressive, mus asked about

Marigny. instinctively shrunk froin pub- cular French gestures licity had now been in the hot time did he say "Sir," or "Your "De Marigny is the name of

my mother," centre of the spotlight of world Honour.""

He told first about meeting "What," asked Hallinan, "is publicity for mentis,

Her beutiful face was gaunt, Lady Oakes in 1938, of meet her full name?"

"Her full name was de Veaux the court her eyes dark with weeping ing and marrying Nancy. In the well of

gave her evidence in a

tolu of his financial Marigny." Etward Melchen went ali

At the time of his Did

116C de Marigny

his unhealthy yellow and

had be- mother's name because it was £8,000 in more distinguished? "No."

A friend Hallinan drew him further. De Marigny admitted, "Father at the and mother were divorced and He had a property This series has been adapted from THE LIFE AND corner of Marlborough Street I was DEATH OF HARRY OAKES, and West Street for which he fatwas given in custody to my

to be paid £1,000, property on Blue That Barker," Melchen published by Weidenfeld and Hill Road worth £400 to £500, property in Governor's Harbour gasped. "I am going to fix him Nicolson (218.).

She

"He

left faint voice and frequently burst affairs. huldly. Outside he leaned into tears. From time to time marriage, he said, he

sipper

water with against the wall in a cold per- spiration. Raymond Schindler, the American detective called

she

i

to help the defence, Say him

and grinned sympathetically,

"Are they giving you a hard time, Eddie?" he asked,

RECEIVED P

BD

1+1/

Восса, Geofreu

tween £7,000 opd cath in the bank. owed him £1,000,

ONCORPORATER IN ENEJ ANCH

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