1928-11-26 — Page 4

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THE HONG KONG DAILY PRESS, MONDAY, NOVEMBER 26th, 1928.

WHY MURDERERS MADE STATEMENTS.

“NO THUMBSCREW OR THIRD DEGREE.

PUBLIC PROSECUTOR'S EVIDENCE BEFORE ROYAL COMMISSION.

arrest.

',

GIRL'S ORDEAL IN FOREST.

JUMP FROM COACH IN THE NIGHT.

HOURS IN BLINDING WIND AND RAIN

LINDARAT, Hampshire.

Sir Archibald Bodkin, Director of | inga motor-ear the discoveries Public Prosecutions, giving evidence which led to the charge of murder before the Royal Commission in were not made until after the quiring into the administration-of- the police system said that his de- procedure where an individual is nationality, named Clara Stettler, partment was a prosecuting and not strongly suspected of a grave crime who was on her way from London that it is convenient to charge him an investigating one. There were

to Bournemouth in a motor-coach, with a lesser crime in order to circumstances, however, which ren-charge him with the greater t made & sensational jump from the. dered it desirable that people should, 5 Reginald Poole: Or to get vehicle as it was travelling in the be questioned by members of his him under lock and key!

New Forest at 10.30 p.m. department rather than by the police.

Lord Lea: Is it the recognise 1-years-old girl of Swis

One instance was the case of Vnquier, who was hanged for the murder of a. Mr. Jones (a Byfleet innkeeper). Mrs. Jones was ques tioned in his department. He wants ed to get a connected statement from her. Her examination ce cupied ten or eleven hours. It was A very complicated case and he did not think the police were quite up to dealing with Mrs. Jones's axao- ciation with it.

cross-

Lord Lee: Was that examination continuous ?

Sir Archibald: There was no cross- examination. She was questioned continuously and her statement pre- pared, with intervals for lunch and tes, from 11 o'clock in the morning until about 10.30 at night.

Lord Lee: When you feel that the police have not been able to get to the bottom of a matter it is within your discretion to have an individual brought for examina tion to your department! In that sense you are an investigating officer 1-You. There are cases in which the police, perhaps in the early stages, are not quite suitable to carry out investigations.

When The Yard Intervenes

#

•

Sir Archibald: I should think

Before either of the other two there are cases in which the police ted one crime and question him happened she had disappeared in suspect a person of having commit-cecupants could realise what had upon another matter when he is safely under lock and key From the forest. the point of view of the public that is a Brst-rate procedure.

Getting Round. The Bule." Sir Howard Frank: Don't you use the minor offence to get round Lord Brampton's rule -No, that is not 80.

Sir Howard: I may be wrong but that is what I think. Are you prepared to deny that that is never done -I do not know.

Lord Lee put a question to Sic Archibald concerning the Home Office instruction issued after the Savidge case. He said, "In your

view it is not only of extremely

Miss Stettler was proceeding to a nursing home in Southbourne- road. West Southbourne, to take up employment.

The countryside was in pitch darkness, a strong wind was whie. thing through the trees, and rain way falling in torrents, but the driver and Sister Alice Jones, to. whose keeping the girl had been en- trusted, quickly left the coach and began a search.

Unable to see an inch before limited application, but it should be of extremely limited applicathem, they called, "Clara, Clara,"

tion."

Sir Archibald was understood to reply," Certainly."

Later Sir Archibald urged that a justice should be empowered to summon persons before him to take statements which, could afterwards be used as material on which criminal process could be issued.

Referring to a question by Lord Les concerning allegations of third Lord Bee: If there is a murder degree methods, Sir Archibald said, and you are not satisfied that theIn murder cases somebody defend inquiry is being conducted sufficient-ing the prisoner generally likes to y thoroughly, it is not within your attack the policeman. It is the competency to suggest that Scot-ordinary thing to attack him, and fand Yard should intervene - to suggest this improper conduct have in one case gale made that and that improper conduct, but I suggestion privately to the chief an not think juries pay much atten- constable, but it was not adopted tion to it." by him. 14

In no case are Scotland Yard men sent to the country except on the requisition or at the request of the chief constable concerned That is

30.

Sir Archibald said that he did not, think that the judges' rule as to the taking of statements from per: sons in custody 'was ever intended to justify or recognize the practice of questioning prisoners about the crimes in respect of which they were in custody.

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"In the Kennedy case gross im: patations were made. Kennedy was arrested in Liverpool in the early morning, given bed and breakfast,.

given

B second breakfast, given dinner, and then on the way up from Liverpool to London in the train 78. 6d. was expended in pro- viding sandwiches and tear and cakes for him and his wife.

Lord Lee: Do you suggest it is not so interpreted -So far as I They arrived in London about & know a well-instructed and experi- | p.m., and subsequently Kennedy enced policeman never goes into made a full statement.

When be man's cell and questions, him about was brought before the magistrate, the crime.

Chief Inspector Berrett was sub Sir Archibald gave instances inmitted to a terrific cross-examina- which he said that the questioning tion. of a prisoner was justified. In the case of a man with a bad record who was charged with an offence it might have to be considered whe- ther he should be charged as an habitual criminal.

BROWNE'S REVOLVER. SIR ARCHIBALD SAYS POLICE

WERE JUSTIFIED.

It was suggested that Kennedy's bed was taken away, that he had been without sleep, that he had had nothing to eat, and that he had been questioned and pumped for four hours.

That was the cross-examination which, he was sorry to say, was put forward by a member of the legal profession, and yet when the chsc came to trial Kennedy said. There were two recent instances, that the statement was his defence, One was that of the man Stewart, that there was no necessity to give who was charged with the murder of further evidence, and testimony was Mr. Webb at Pembridge-square, Paid to the fairness with which his Hayswater. Stewart was arrested statement was taken. for burglary at Southend. Ec was

Sir Archibald said that he had brought to London and made some known seven or eight cases in which statements with regard to various such charges. had been made, but criminal enterprises of the same only one had been sustained. class.

He was being questioned about certain other things and then he told the story of having shot Mr. Webb.

The Trunk Murderer, Lord Lee said that it usually ap- peared that a prisoner asked to see a police officer to make a statement, Then there was the case of and then the prisoner told his story, Browne and Kennedy, charged with He wanted to know whether any the murder of P.C. Gutteridge, thing else took place before the They were arrested on a charge of prisoner decided to make his con- stealing a motor-car After Browne fession. It was difficult sometimes had been charged he was shown to understand a prisoner's motive. some revolvers and was asked to He would like to know, for instance, account for their possession. That what happened in the Robinson case had nothing to do with the steal at Rochester Row. ing of the car, but he was caution- ed and questioned about the revol

vera.

but there was no answer.

Search By Motorists. Passing motorists joined in "the search, while Mr. C. A. F. Stewart, a Southampton solicitor, motored to Lyndhurst and secured police assistance.

The search proceeded hour after hour in the face of the blinding wind and rain, until finally the hopelessness of further scouring the waterlogged forest in darkness was realised. The searchers then decid- ed to withdraw until day-break

Wollester, who was sitting up read- Meanwhile, at 2.30 a.m., Mr. W. ing in his cottage at Emery Down, was startled by a tap on the door. He found Miaa Stettler leaning against the doorway drenched to the skin, hatless and bedraggled.

to

Wounded In Forehead. She had wound in her forehead. shreds by the brambles through. and her stockings were tor which she had passed. She was on the verge of collapse. ****

word of English, she was unable to As Miss Stettler cannot speak a explain her plight. Accordingly Mr. Wollesten tock her to the polies station, where she was provided with warm clothes and refreshment pending the arrival of Sister Jones, who bad returned to the nursing home.

It is thought that Miss Stetler's action was due to nervous fright following her rough crossing from the Continent earlier in the day, the stormy coach journey made in the face of half a gale, and her inability to communicate with either Sister Jones or the driver.

Sister Jones later arrived at the police station with a Swiss servant, and eventually took Miss Stettler to Bournemouth.

Sir Reginald, Poole: These snfe- guards do not guarantee that a police officer may not commit per Jury He has to do it in such a way as to deceive judge, counsel on both sides, and jury. If he man ages to do it, then I do not know of any safeguard.

Lori Lee asked whether it would not be a better safeguard if state- ments made by accused persona were given not in police language, but verbatim with the questions in cluded.

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Sir Archibald: To give a state- ARE THERE ANY LETTERS ment in proper order is fairer to the man concerned because the statement appears in standable form.

an under-

"Talking Like Policemen." able by the police, but it may not Lord Lee: It may be understand-

case Tobinson was questioned and lika policemen in police language.

Sir Archibald said that in that be so convincing. My own difficulty is that people always seem to talk made such plausible answers that The statements are read ever and In these cases he considered the ho was released. Subsequently a police were justified.

duster and a piece of blood-stained signed by the men concerned... Lord Lee: Do not the police have matchstick were found. Robinson information with regard to other was again questioned, and then told suspected offences up their sleeve the whole story.

sq that having charged a man with Lord Lee: Was he confronted one thing they are at liberty to with the duster 1 should think question him about more serious so. Mattera 1-He is, ng it were, a sus- Sir Archibald added that in none pected person as to the other of the cases brought before him had he found any evidence that the

matters.

That procedure does rather get police had brought pressure to bear round the judges' rule ?--If a mun upon a prisoner to make a state has an explanation it is entirely in ment. his favour that he should give it at the earliest possible moment,

No Thumbscrews."

A summarised report is sometimes inaccurate in essence. It is not desirable that in all cases questions should be put down --I think that is hardly necessary. You get the meaning better in a summary than, frem question and answer.

Sir Archibald said that in connec- tion with complaints against the police it was not necessary or desir able to have a special staff attached to his department to deal with

UNCLAIMED CORRESPON. DENCE, ETC., AT THE G.P.O.

THE OFFICIAL LIST FOR SATURDAY.

Jim Summerville (... Saragota), F. R. Smyth, S. 3. Solomon, Jackis Scott, W. 8. Shakespear (8.5.* Kitava), D. Cecil Stewart (Holli- day & Co.), Miss E. Stallings, K, W. Tribe, Mim F. Todhunter, K. Vogel, Viccajee & Co., G. M. "Walker, A. A. L. Young (0/% Lilly

Drug & Co.), Miss N. Zaha

Unpaid Correspondence, Miss M. J. Cannon, Miss Grace Darling, J. E. Fisher, A. G. Howitt, C. H. Johnson (c/o E.K., Hotel), J. Russel (c/o American Consulate), Miss J. Rose, Mrs. R. R. Womack (c/o H.K. Hotel), Capt. D. Wilson etc., (c/o. American Consulate).

A General Post Office notification, issued on Saturday, gives the fol lawing particulars with regard to unclaimed. correspondence, waiting at the Past Office, and also unclaimed radio telegrams at the Radio Telegraph Office:

Registered Articles.

B. T. Boffa, Colix (Far East), Ltd, W. E. Ford, James Flintoff Poste Rastante Correspondencs. (s. Portsca), Miss A. Gerasimoff, G. Alander, Capt. P. M. Ander-J. M. Gutierrez (Bedikton Pub son, R. Allix, Dr. C. Barreda, G. licity. Co.), E. Kustenko, Aprin Bavzel, R. T. Boffa, A. P. Blunt, Khamis, Miss J. Mariott (c/o H.K. Balcombe & Co., L Bandelier, H. Day School), Miss Nitta, M. Rejren,

C. D. Wardle. J. Cairns (s. Kitawa), Mrs. H. "I have never heard of anything Christie, Chino-American Ind. Dev. quite so unnecessary," he said. Co., S. J. Fuller, W. E. Ford, The staff would be eating their Gok Siu Kee, Admiral Sir Guy heads off for the greater part of and Lady Gaant, J. A. Haynes, the year. There is no body of men Hong Kong & Hankow Water

them.

UNCLAIMED RADIO TELEGRAMS.

From, Portland Ore. Cholan. Canton.

Mr. Frank Pick (a member of It is a very serious thing," said the committee): If the facts are Sir Archibald, "for people to sug- put to him and he says nothing, gest that the police are turning the is he still questioned 3-If he does thumbscrews. There are so many not answer he is still questioned. safeguards against statement more keen than the police are to Co., C. Hyman, B. Horwood, Addres.

Lord Lee: If the police suspect being included in evidence if it drive out of their ranks black sheep Miss M. H. Johnson, E. G. Hamley m a man is guilty of murder they may should not be so included, and the who have brought discredit on Jamieson, Rev. A. E. Joseph, 8. W Kheo Mow Woh arrest him on a different charge fact that there has not yet been them."

Kwong, G. Lenders (Carrears Tong Shan altogether and not question him on a case in which a statement has not Replying to Mr. Fick, Sir Archi- Ltd.). Samuel Lillicrap, E. Lách Zylomogy ***** Saigon. that churge, but put questions lead been admitted to evidence is an baid said that about 2,300 cases tristein, Gari Heyer, irs, G. Le 1750____ ing up to the charge of murder. Is enormous testimony to the fairness came before his department in a Maitre, Mra. D. Macadam, V Kong Yur Cheong not that getting round Lord Beam- "with" "Vitel "the", polles do their" "ytár inli te pude "personal atten↑ Maytals, Rev A & Nidan R 6-

Kung Fu Hongy ton completely In the case of duty"

tion to thear all with very few ex Prat, 9. B. Panganiban, Dr. E. Lay Hing Wei Brown, who was arrested for steal-" (Continued" on next Column.)

ceptions

H. Panganiban, Miss Florence Pike, Deposed

Yunnanfur

Baigos. Crimeburte

Kanile.

Empress of Canada.