1931-07-21 — Page 10

ID

CLOSING STAGES OF THE HEARN

TRIAL.

FOUR HOURS' SPEECH BY MR. BIRKETT FOR DEFENCE.

CROWN SUGGESTIONS OF OPPORTUNITY AND MOTIVE.

Motiva.

HONG KONG DAILY PRESS. TUESDAY, JULY 21, 1931.

how, that there would have been a betrayal of affection if it were en tertained."

There never could be a case where luck of motive was no apparent or the introduction of it so served to. reveal the inadequacy, of evidence of other parts of the case...

SINGAPORE MOTOR- BUTTERFLY GIRLS.

CAR THIEVES.

FRENCHMAN GETS SIX

MONTHS.

THIS TWITTERING AGE OF SHALLOW THOUGHT »

PING PONG.

SINGLES CHAMPIONSHIPS.

Under the auspicns of the Hong Kong Ping Pong Association, the What she called the butterfly Men's and Ladies'

WATER POLO..

DECISIVE WIN BY CHINESE

ATHLETIO

At the V.R.C. bath läst night; the Chinese Athletic Club bent.

type of girl was strongly criticised 1pionships will b Singles Chan Kowloon badly by a score of live

tho

the incapacity of children to rise to their highest emotional exal- tation.

-,!,"";;t).

Two young motor-ear thieves, by Miss E. Addison Phillips, head Colony. Entries from all nationa It was a remarkable factor of the case that the invitation that Mrs. Peter Mudes, a Frenchman, and a mistress of Clifton High School for lities are invited. Entrance fee for Hearn received to go to Bude was youthful Eurasian, P. van Neu- Girls, Bristol, ia-her presidential each participant is Ster utterly unexpected by her. Yet on bronner, who were arrested at address to the annual conference of Entries should be sont to fears that day, according to the Crown, Butterworth while on their way to the Association of Head Mistresses China Sports, 18, D'Augilar Street, this feel design was carried out. Penang in a stolen Austin from at Bristol,

not later than the end of July,: This age, she said, and particu. It was strango, and inexplicable Singapore, were again before Mr.

women, badly needed that so utterly unexpected sa in-G. O. Dodd, the Singapore Criminal Jarly vitation should be the occasion of District Judge when Mudes received second Socrates to convince it of a torm of six months' rigorous im- | "the shallowness of its thought, house a tin of salmon, and poison, Prisonment and Neubronner got off the superficiality of its conviction, which, according to the case for with eight, strokes of tire rattan. the looseness of its language, the the Crown, had been there for over

It will be recalled that an Austin abysses of its ignorance." four years.

7 belonging to a Perak sanitary in- apector who was living temporarily at Siang Lim Park, Goylang, and another car of similar make from ne Tronoh Road, Serangoon, were missing and, following reports re- ceived by the police, circulars were sent out to all stations in the FM.S., and Ponang..

Bodmin, June 24. Spedobes by counsel for the Crowa and for the Mr, du Parc dealt, next with the defpnes occupied the Court yester- question of motive. It is not day at Bodmin Assizes, where Mrs.necessary," he said, "for the Sarah Ann Hearn is charged with Crown to prove motive. It is imit and that there abould be in, tho the murder by arsenical, poisoning possible to examine the mind of of her sister Miss Everard, and her person. But it seems to me right friend, Mrs. Alice Thomas, at that I should have suggested one Lowannick, near Launceston. possible motiye. Mr. Thomas has Immediately the Court opened said that his feelings towards Mrs.. Mr. du Parcq, K.O., opened his Hearn were perfectly reconcilable speach for the prosecution, sub. with his feelings towards, his wife, nitting that it was clear that Mrs."But there is a piece of evidence Thomas died from arsenical poison ing. Can there be any doubt,! lie asked, "what caused Mrs. Thomas' death. The doctors may be wrong-you must judge-but Dr. Roche Lynch, who gave his evidence fairly, onrefully, and with proper appreciation of the gravity of his task, tells you that it is a matter about which he feels no doubt with all those materials before him.

about which you must make up your minds the remark made to the police sergeant by Mra, Hearn

Dasxpected Invitation, If, as the Crown suggested, there were further administrations of arsenic between the 16th and the 29th it was strange, indeed, that the invitation to stay at Trenhorao

in an undertone. She said, Mr.Farm should be to Mrs. Hearn so Thomas used to come every day utterly and completely unexpected. with the papers, but, of course, Mr. Birkett suggested fivo possi- that was only a blind. It has beenbilities to account for the death of suggested that the words she used Mrs. Thomas. They were, he said: were, Mr. Thomas has been very

(1) Food poisoning. on October kind,' but Mrs. Hearn says that she said nothing at all to the police, plus arsenical poiacuing on sergeant.

November 2;

Even among those who work for some hours of the day, as among the leisured clamos, wo do often

whose

a shallow empty-headedness which finds its chief interest in clothes, gossip or on a better level, in games-the butterfly type, conversation is like the twittering of the birds, and who show littlö.. trace of the education they have received. If only we could supply. them with some onthusiasm, some deep interest, their lives would be nobler, and the lives of others hap- pier..

Police inquiries showed that Mudes and Neubronner had stolen the car from Siang Lim Park altered its number by reversing some of the metal "66," made out a make-believe receipt and sold it to a police officer at Muar. They "On the other hand, there are.j then returned ind, taking the car the glib talkers. We do, above all, j from Tronoh Road, set off for want by the thoroughness, accuracy Penang. While at Butterworth an und sincerity of the work done it astuto Indian police constable grow (3) Arsenical poisoning on Octo-suspicious of the pair and detained school to get rid of the loose, slip-

them.

shod, second-hand and," therefore, usincere, methods of thought and speech which are so terribly preva

(2) Arsenical poisoning on Octo ber 15, plus arsenical poisoning on November 2;.

on November 2;

(4) Food poisoning on October 18, plus phosphorous poisoning on November 2;

"No doctor, no scientist, holody qualified to speak has been called "If she did use the words-that to give evidence that he is prepared the Crown allego, it indicates that, to tell you that there can be any innocent as Mr. Thomas was, the doubt. The defence has not putiden occurred to Mrs. Hearn that' anybody into the witness-box quali-ho was paying attention to her.ber 18, plus phosphorous poisoning fiod to judge and say that he is If she thought that, she might well willing to swear that upon these findings and figures there can be any doubt about the cause of death,

"If you consider,” he continued, i that these sandwiches were pre- pared by Mrs. Hearn, you have to consider how the arsenic got into them. You have an answer from Mr. Hearn herself, because she does not suggest in any way' that there is accident or mistake.

, י,

feel that in this small place she had an attraction for him, and she might also well have thought that; if Mr. Thomas were some day a widower, she might be the second Mrs. Thomas."

Mr, du Parcq dealt next with the case of Minnie Everard.

bor 18.

In addition to the two charges relating to the theft of the motor also charged with housebreaking lent." and theft at Katong. They pleaded guilty to the charges.

cars, Mudes and Neubronner were

Emotional Training, "Mr. D. Kenny, Chief Court In-

Professor E. Maresult said (5) Arsenical poisoning on Octo- spector, said that the car was sold that our crowded divorca "courts

At Muar for 8100 while it was

were largely due to the failure to valued at $600. Neubronner's mother, who was in Court, had in- educate fully the emotional side of formed him that her son was un our children. Excess of intellec controllable. He was just over 15tual teaching made for emotional years of age.

repressions.

"I suggest that the first possi- bility is one that merges and verges on certitude."

Mr. Birkett anid that the Crown. had not proved that Mrs. Thomas

It had been suggested, he said, that arsenic was in the drinking water of Cornwall, but the traces were so minute that they could be | died from arsenical poisoning.ed him to receivo eight strokes of

disregarded altogether...

There was no arsenic in the rest of the salmon, and so I think

It had been suggested also that that it is proved beyond doubt there may have been contamination that, if it were in the sand with dirt or dust through the hand wiches, it was put into the sand-ling of the jars which contained' wiches.

Opportunity.

Everybody, save only Mr. Thomas, spoke of an improvement in her condition up to the alarming change in November.

It was said that paripheral the organs removed from the body. neuritia was a symptom only of

If some such contamination occur-arsenical poisoning, but be would

In view of Neubronner's youth his Honour said that he could not gommit him to prison, and he order- the rattan:

Mr. Konny said that apart from after him as his father was serving his mother, he had no one to look a long term of imprisonment in Bangkok.

"You are forced to follow the red it would get into only one part not accept for one moment that it let off he would be given worki

of the organs, he suggested, and yet need only follow the administration line of reasoning that it was the analysis of different parts of of arsenic. arsenic that killed Mrs. Thomas, the organs had shown the same and that that arsenic was deliber.

proportions of arsenic. IF the con- ately administered:

tamination did spread generally. over the whole of the organs, then about 14th of dirt and dust must have got into them,

"Who had the opportunity? You have had before you evory single person who was in that house at any time during the period material to the death of Mrs.

Thomas.

Whoever it was who deliberate ly gave arsenio to Mrs. Thomas you have seen him or her. It is some- body who has given évidence before you in this court.

"Have you any doubt who 1 There are many considerations you' have to take into account, over- whelming considerations. The whole ovidence in this case, judge, it by what test you like, points an uner- ring finger, not of suspicion, but, I submit, of certainty, at Mrs. Hearn:

"There may be a point in your reasoning when you are forced to

J

Muder said that he was 21 years old and was employed as an en- gineer at a local garage. If he was

in question this was contradicted again. On inquiries at the garage. and he was sentenced as stated.

Mr. Kenny informed the Court that Mudes was born in Shanghai and his mother, who was living in Singapore, had gone to China on a visit.

killer on October 18.

Mr. Thomas' Statement. The doctor, said Mr.. Birkett, on the 27th, 29th, 20th, 31, and at said that Mrs. Thomas was better. On the 28th, the only day that the "Witnesses might lie," Mr. du docter did not come, Mr. Thomas poisoned sandwhich by blus weed. Pareq continued, "but the signs said that his wife had gone back. that were found in the body can-As early as the 25th the gastric not lie. You can truss them. In symptoms had gone. Then, on the the case of Minnie Everard, Mrs. 2nd, there was sickness, then de Hearn had not only" ample oppor- lirium, then sudden, surprising, tunity, but every opportunity, inexplicable death. Administer arsenic.

"FOR THE Defence,

MR. BIRKETT BEGINS HIS

LONG ADDRESS.

In his speech for the defence Mr. Birkett, K.C., submitted that the duty laid on the Crown had de monstrably failed.

Counsel for the Crown, continued, Mr. Birkett, said nothing about matter which be considered of over |whelming significance,

On the 2nd, the day that vomit ing occurred, Mrs. Thomas com plained of a sweety taste in her mouth. She complained of the same thing on the 18th: "When Mr: Thomas said what he did say

Blue weed-killer with salad oil

would stain the white bread of the sandwich, Spots would be localised; it would come through in little taina. Do you doubt that is righti Think of the perfectly appalling" risks such a woman runs. The inndwich is shaken in her bag; when she opens it, will it be stain- di There is nothing in hor" de meanour to excite comment by Mr. Thoman

"Pathetic and Foolish." Mr. Birkett, referring to Mrs. only did the right thing in life Hearn's flight. said, "If people

"Day after day evidence on at about the 28th," declared Mr. and all the circumstances of life,

ask yourselves: It must be one of sorts of matters has been given. Birkett; "he did not speak the the lawyers' occupation would ba

those two-which? One would ex-

and I want to say to you that

crúth, and, "moreover, he did not

gone. If you always put the right

pect the defrance to suggest that Mr. doubt is not enough, suspicion inspeak the truth because there was foot forward in life, no one could

Thominis took his wife's life.

No Suspicion of Mr. Thomas.

There are circumstances you

not enough. A fantastic or invent- ed or ascribed motive in not enough --the evidence must satisfy you, beyond, all reasonable doubt.

a purpose in what he said in this

court./

point a finger at you..

"The case for the Crown really months. The circumstances com "We are looking back over eight rests on this: You gave the Poined, I subrait, put Mrs Hearn will have to consider which, in my "At twenty minutes past four," soned sandwich. They speak of

into the state that she was dis- submission, abundantly show that Mr. Birkett went on, pointing possible subsequent doses, but there, tracted. It is easy, looking back Mr. Thomas can be entirely acquit dramatically at the clock on the if their case fails, it fails alto- aed of any such, suspicion.'

wall of the Court,

for the first gether. It is their ense, and, if tight months later, to say there they had any other, they would afraid of. It is easy to say that was nothing she ought to have been The only person who has sug-time in the case, the Crown on

have presented it. gested anything is Mr. Percy Par Saturday suggested that

her flight points to her guilt, "It must have ixen a very suď. sons, who says that he saw Mr. and might be a motivea motive I sug- Mra Thomas having a quarrel ten gest fanciful and fantastic that den resolve you might think to do years ago. There may be married Mrs. Hearn had conceived some it after an unexpected invitation

a sudden re Lives which contain no record of kind of idea that, if Mrs Thomas to Bude. If it were any quarrel. I do not know." were not there, Mr. Thomas would solve there was no need to hide the

marry her. She was poor, and, weedkiller. therefore, she killed her.

"I submit that you can say with the utmost confidence that Mra Hearn had not a clear conscience,

thera

With the exception which wi

« but, a knowledge of guilt, and that made by Sergeant Trebilcock, there

Mr. Birkett's Complaint Speaking of the circumstances of the exhumation of Mis Everard, Mr. Birkett complained that the Crown had never examined the drinking water for signs of con "Weed-killer Would Stain,” tamination; they had never examin

And the coffin, and never axamined This is 1930, and she has had the weed-killer since 1096

There

the important part, the underpart

Mrs. Hearn over had the alightest is not a broath or a bint of. any was no need to hide it, and yet of the shroud. How could they of intention of committing suicide such motive. when, on Noveraber 10, abe left. "Mr. Thomas was never once nakit was never soon before or kinne. cludo therefore the possibility of Scerbotu Bouse of whether by word or Bestur: D

or gesture or There never was a more absurd arsenic from the soil percolating "She was running away to avoid in any way Mrs. Hearn had shown theory in the world than the thory into the coff justice and detection. It was a that she was found of him. Don't upon which the Crown relics-s

(Continued on neri Column.)

fully prepared scheme

you think that somewhere, som

"The sarcastic outlook upon life, and incapacity for reverence and admiration, that inaptitude for polioving in greatness, the | search for the interested motive, moral scepticisme, are all due to

(Continued on next Column.)

This repression made the emo- tional side of children incapable of blending, and made so many cou ples incapable of living together as the divorce courta showed.

JUST

to mil in the “Bi. division

Water Polo League,visio

The Chinese wore ossily the better team and had the game from the start. The Kowloon goal-kooper seemed a trifle weak and the Chi- nego were able to score on almost avery attempt. Kowloon had some good players but they were not able to get the ball in the net.

In the first half, the Chinese soored two goals without much trouble, and in the second half the Kowloon team was rather tired with the result that the Chinese scored three goals for a final score of 5-0,100)

The Chinese had two men called out of the bath for fouls but on the whole the game was very olcan.

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Mr. Birkett's address lasted four

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