1961-03-04 — Page 5

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the JUDGED

Part 2

exploring the cottage on his own, Malcolm came up on his wife upstairs in a bedroom

drawer there lay the key to the whole problem.

IF de Borch had been trying to get at it. IF he had succeed- ed in opening the drawer. IF the next second would have seen it In His hand............

But these, so far, were matters of sumilse. What light would Malcolra throw upon them in the box?

None, Malcolm did not go into the box. Whether on Sir. John's advice or at his own desire, he took his stand upon the evidence fendered, by the Crown- rein- forced, of course, by his 'coun- sel's cloquence, failing on re- ceptive, and even eager, cars.

'GUESS”

McCardic, whatever. may have been his Becret sentiments, scrupulously fulfilled his ordain- ed function as a judge. He com mented severely upon the prl-

Dorothy," it aald. "I simply known; his advocacy had been still lay inside its leather case- cannot stand it any longer. I'm precise rather than intensé, and a point which obviously excer-, soner's silence, going to thrash him until he is the years were yet to come in clsed McCardic, but which he in

unrecognisable. I may shoot him, which his outbursts against the some measure cleared up, for with the gravest charge,”. ho

SHOTS

if he's got a gun, I expect he divorce laws and the penal sys- himself. bas, as he's too much of a tem were. to reveal him as more coward to stand a thrashing." of a cruander than punctulious

legal pundits deemed judicial.

But the worm feelings that produced those later outbursts were always part and parcel of the man, and he could not pri vately have locked commiséra- ton for the tormented prisoner whom he had to try.

This man stands indicted

Enid, "and offers not one word "Could it have been fred," he asked, "without being taken of testimony. Ile invites you to from the case?"

guess things he could have proved on oath. The result is. "Yes," the Crown ballletics

there's no evidence that the dead expert said, "if the case was man tried to get the pistol; that open so that the muzzle was ex- he ever threatened to tire it: posed."

that the pistol was even in the

· Less hopeful on the other hand, to the cause of the accused left open to conjecture."

room. The whole thing is simply were the words, recorded by an

The jury retired, and, escorting officer which he utter- The tenant of the adjoining

ed before de Borch's body had sumably, conjectured. In twen- desperate room overheard П

grown cold. "I went to give him with an acquittal, and Lieuten-

tydve minutes they struggle. Then there were four,

a good thashing." Malcolm said. or perhaps five, pistol shots.

The judge noted, 68 the "Can you wonder what I did on Malcolm came out, and at

unfoidea and the spur of the moment when once gave himself up. I did Crown story was

he guid the Crown witnesses were call. I saw the mat my wing it for my honour,"

Malcolm gave his name to the landlady as "Inspector Quinn" A moment later he was inside with de Borch.

SUPPORT

THE

KEY

ed and cross-examined, that ing dishonour to my wite?". tohen he was charged.

Who then could help bestow- certain evidence supported Mai- on Malcolm's plea of self-defence; sup- ing all his sympathy colm? Even Crown counsel ported the contention of his notwithstanding it was Muir, counsel, Sir John Bimon, that Even the Judge especially when became a matter of de Borch's Did that mean-could that mean "the struggle in that little room it was McCardle.

life or of

qwn."

--an act of self-defence? Malcolm's expectation had

McCardle, though, was the been right-de Borch did have last man to forget that people speaking under high emotional

great head and ulready fully

a gun.

On the spur of the moment.

In McCardle were linked

a great heart. The former was recognised, though he had not months upon yet been twelve the Bench.

they searched de Borch's room; niceties of language. Too much McCardle's strong humanity in a drawer that wds, signifi- weight could be attached to was at that time less, well- cantly, open. The gun, however, mere semupties. The gup in the

The police had found it when stress seldom care about the

pre-

returned

ant Malcolm stepped from the dock amid resounding cheers.

What McCordle really felt

know..He contented himself with a prim expression of regret that the deliberation of the court had been disturbed by hubbub.

about those cheers one does not

NEXT WEEK:

Mr. Justice Darling

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