1931-07-22 — Page 5

2.

FEDERAL STRUCTURE

COMMITTEE.

GANDHI INVITED TO ROUND TABLE CONFERENCE.. "}

(BEITISH WIRELESS SERVICE]

Ruany, July

The India Office has issued the names of those invited to serve, od the Federal Structuro Committee of the Round Table Conference, which is to resume its stasions in London in September. The meni- bora have been nominated by the Prime Minister according to the procedure adopted by the Center

The original 21 apart from: Sir Pradewami Ayiar, now acting law member of the Viceroy's Council, have been renominated and now members for the most part drawn from former delegates, an

ULLE.

ANOTHER RESCUE

ON YANGTSZE.

PISTOLS POINTED AT S.S. WENCHOW.

DANGER AT LITTLE LMAORPHAN ROCK,

Following ▲roport in the North- China Daily News of the roseus ef

HONG KONG DAILY PRESS, WEDNESDAY, JULY 22, 1931.

MRS. HEARN FOUND NOT GUILTY.

ACQUITTAL ON TWO CHARGES CHEERED BY CROWD.

13

POINTS FROM THE JUDGE'S

O SUMMING UP.

Bodmin, June 24-Mrs Sarah oight Chinese, carried out under Ann Heara was found not guilty fire by the sir. Kutse the story ofnt Bodmin Assizes, yesterday of the another similar episode has come murder by arsenetul poisoning of to band, this time by the C.N.C.hor sister, Miss Lydia Everard, Wenchow. This second rescue from and her friend, Mra, Alice Thomas, the waters of the Yangtze, carried and was discharged by Mr. Jus out by ancther British ship, was tice Hoche. not performed, under fire, but the vessel itself was

threatened by

The ediposure which Mrs. Hearn had unfailingly preserved for a pense of the last day of her trial.

a case," he added, "This was "where the absence of competing medical evidence "could ignored."

not

ho

But, Mr. Justice Roche said, he thought that Dr. Roche Lynch, was wrong in his calculation that 11b, of dirt would be needed to produce the arsenic from the soil to the amount, that was found in Minnie.

The new British members are mauser pistols' ne the same place weak brcke down under the sua vornrd's body. He would ut go

Mr. Pothick Lawrence, Financial Secretary to the Treasury, whoy with the Lord Chancellor, Mr. Justice Sankey and Mr. Lees Sraith, will represent the Government, and

Lord Hajubam for the Conserva- tives.

Previous Visit to England. The chief interest. however, at taches to the new Indian nominees who did not take part in last year's preceedings and among whom is Mr. Gandhi who has been invited to represent the Indian National Congress.

194

The absence of Congress Inst year was generally regretted and following on the agreement between the former Viceroy, Lard Irwin, and Mr., Gandhi, which ended in the Civil Disobedience Campaign.

where the Kutwo was fired on.

The Wonchow, on its way down from Kiukjang, was threatened by Mauser pistole in the hands of uniformed men on the top of the Little Orphan, Rock. Seeing the Pistola pointed at the ship, the Master, Capt. W. G. Mackenzie, crdered everybody to go behind the bullet-proof shields, with which all ships on the Yangtze are equip yed. No firing occurred, no doubt because all the human targets had disapponrad from the view of the It is men, whoever they were.. thought probable that they were deserters from the army.

At the close of the Judge's suminto reasons, because his direction ming-up, which occupied over four, would favour the defence, but he hours, she was in tears, and she would ask them to assume that a. was led from the court, with a quarter of a pound of dirt and no

nurse and a wardress on either side. of her.

more would be required to get the

arsenic from the 8013

Apparently she was walking

They were not trying Mrs. Hearn blindly, for her bowed head struck the frazas at the door as she passed for the murder of her sister. What

of the court. The jury were absent for the prosecution were being allowed minutes, and Mrs. Heart was again to do was to bring evidence to show composed as she returned to hear that Minnie Everard died because poison was administored to her, her, fate.

and administered to her, they said, by Mrs. Hearn, in order or said. that there was no accident or sui- cide about the case of Mrs. Thomas. The evidence that Mrs. ¡Hoara was an excellent nurec and a devot

favour, and if the jury, werd, not persuaded by that of her innocence, it could only be because the ather facts were too strong to overcome

The fact that Minnie, was a de Flicate and ailing "woman was also

in her favour...

When the words "Not guilty wore pronounced by the foreman of the jury she bowed slightly and then at down, keeping head still bowed. She looked up to re- The Master of the Wenchow fur-ceive the congratulations of hor solicitor, and as she listened to

it had been anticipated that Mr.ther downstreami sawa capsized

might be based on what Mr. Pay sons said. What he said took place ten "yenra ago, Thera. was the ques tion also to be considered of both Mrs. Hoarn and Mr. Thomas being involved. The silence of both nido."

£2,000,000 FIRE.

CER PORT TERMINUS,

wharves near, by and a gra tor destroyed.

The Canadian Pacific coastal

(1,342 steamer Empress

tons) caught fire and sank. (***

Luckily the wind was blowing out to the harbour and little danger to the upper town.

1st

St. John (New Brunswick) —The port of West St. John, the Atlan. tin winter torminus for Canadian Pacião Railway linca connecting with ocean traffic, was practically

West St. John is separated from the town of St. John proper by ani destroyed by fire Inst month,

arm in the Bay of Fundy, com- It is estimated that £2,000,000munication between the two being damage has been done, maintained by a short forry ser

on this question ought to make the jury hesitate long before ac copting such a suspicion or theory

Mr. Justice Boche described the conversation bobwoon Mr Thomas and Mra, Hearn after the death of Mrs. Thomis as one that could twem two co-conspirators, and Nearly the whole of the Harbour vi00. not possibly have taken place be said that it was also inconceivable Commission facilities have been. All the CPR. lines from Great that the letter written by! Mri | Boarn was written by one compira wiped out. Many sheds have been Britain used the wharves in the tor to another.

burnt down, and numbers of the winter.

Gandhi would be the representative junk and guessed, rightly as it these tears stood in her eyes. Ated sister was very much in herTLON

of non-violent

resistance

Other New Comers,

Five Men Saved.. When the Wenchow had got well

been her companion the same time the prison curse, who has throughout the trial, was weeping openly.

The Second Charge. The proceedings of the court were in the meantime resumed, the

the jury that no evidence would be Miss Lydia Everard, and that therefore they should return a so

This done, Mrs. Hearn was dia charged, and passed out of court leaning heavily on the arms of the nurse and a wardress

In an anteroom she seemed num- bed by her excess of emotion.

Mrs. Hearn said that Dr. Gibson was wrong, when he said that he prescribed nothing but effervescent mixture. Dr. Galbraith had said there was no arsenic or poison of any kind in any medicine ho pre- soribed, and Dr. Gibson was abso- lutely definite,

That," said the Judge, "le an issue for you to decide as between Dr. Gibson and Mrs. Hearn,"

of Congress at the resumed session. subsequently turned out, that the The possibility of his visiting Kutwo had rescued its survivors Iktion recalled the fact that he Later on, however, he himself way was hore some years ago to study called upon to effect a rescue. at university Colleage and was cal led. to the Bar by the Inner Tein- pic. It was later in South Africa that he became the champion of pust Bato Point, and reached Judge in formal iones directing Indians grievances and is beliov. point about five miles upstream ed to have developed his theories from Kiangyin, a swamped samffered on the charge of murdering

which ban with five Chicago clinging to have been the outstanding feature it and to a bamboo attaches to it since 1920 of his position in India, was sighted: All appeared in cond vordict of "Not guilty." where he returned just before the very exhausted condition, which. was not to be wondered at as they outbreak of the Great War.

were only keeping afloat with the greatest of difficulty as the ampan

Regarding the main question, At that time he helped to mas rolling over and over under the

whether Mrs: Hearn administered bilise Indian opinion on behalf of action of the current and waves.

The captain immediately man. the British cause and conducted a

Hundreds of people waited out poison to Mr. Thomas, the Judge. recruiting campaiga, Other newœuvred his ship into a favourable comers from India are Bir P. position and swung it around to side the court to cheer her, but said that he did not suppose the Thakurdas, Sir. Manockji Dadabhead into the current. Then a boat she was saved from their attentions jury bad any doubt in.their minds, hoy, and the prominent business was lowered and sent off under the by a ruse, in which her sister, Mrs. whatever other doubts they might men, Mr. Iyongar, formerly Seero-charge of the second officer. The Poskits, aided her, Mrs) Poskitt, have, that the issue was down to Cary of Congress, and Pandit Ma-chipwrecked men were reached just who had been a witness, was wait two peoplers Hearn and Mr. "It lies bobween them," he said. laviya, the oldest living politician in time. Two of them actually, leting outside the ecurt after the verThomas. in India and a prominent Hindu go their hold and went under just diet, but she was called within,

as the boat arrived, but, members and, as she and Mrs. Hearn are "I do not suppose any other per leader.

similar size, they exchanged aon can occur to you. It is no use beating about the bush or declin. By increasing the size of the of the crew managed to seize then Committee the depressed classes of by the hair before they were swept dresses.

Within 15 minutes the rị- Mrs. Hearn put on the bine cosing to face the facts. To my mind, Labour and Indian women are now away. represented as well as the interests scued men wore on board the Wen-tume and rod bat of her sister, and it does lie between these two peo Mrs. Poskitt donned the long ple. Here, as elsewhere, it is for already mentioned and the Muslim chow, and in addition their sam representation has been strength-pan was also hoisted on board. It brown beat and brown hat in which the prosecution to satisfy you that is alleged that their sampan was Mrs. Hearn had appeared through it was not Mr. Thomas. It is not for the defence to satisfy you that. The Committee will begin work capsized by the wash from out her trial.

Mra. Hearn was then driven it wa as soon after September 8 as posChinese gunboats and that the in- sible, The date of the resumed oidont was not observed by the sai. through the crowd unuoticed meeting of the full Conference, Lolors. which there will be more additions which it is hoped will be announced shortly, is not yet fixed.

encil.

The Minorities Committee, which is in special charge of communal problems, is expected to meet ear- The membership of ly in October. this committee will also be increas ed.

Federal Structure' Committee.

LONDON, July 22. In order to broaden the basis, of the Round Table Conference and include Congress leaders the Pre- mer has issued 36 invitations to the Federal Structure Committee

of

"Mr. Norman Birkett has never Mrs. Poskitt, accompanied by undertaken the burden of satisfy Shortly afterwards they were Mr. Walter. West, her sister's sailing you that it was Mr. Themas. sent ashore at Tungchow bout weiter, followed in another car and If at the end of this case, you

received the "cheers.

tion, together with their sampan, after having been given a good meal on board the ship and ha ring had their clothing dried... They also went ashore with the sum of 820, which had been voluntarily sub. scribed by the deck passengers.

CHARMS CURES BY

IN TIPPERARY,

to meet in London early in Septem-HOW AN OLD MAN 'HEALED' her. The delegates last year num-

MEN AND HORSES. bered 21.

JUDGE'S INTELLIGENCE

TEST. AMUSING OLD BAILEY

INTERLUDE

There was an amusing dialogue at the Old Bailey between Mr. Justice Swift and Dr. Grierson, senior medical officer, at Brixton

Prison.

WHAT THE JURY HAD

TO DECIDE.

Mr. Justice Roche in the words of his summing-up said

say you cannot say which it is, you ought to acquit Mrs. Heard, just ne, if you were trying. Mr. Thkmaz, you would have to acquit him."

If they thought it was arsenica! poisoning on October 18, the con clusion must surely be that the only source was the sandwiches, The charge in ue of murder," and, if sc, was it not very diffi he said, "in a way that is peculi cult, indeed, to come to any other arly dangerous and peculiarly conclusion than that the source cruel. To a very large extent the and origin of the arsenic was the material available is circumstanti-maker ci the sandwiches.

The

sandwiches," al evidence.

said the "Human testimony is liable to all Judge, are the very kernel of this the defects of human nature, for case. If you are not satisfied that getfulness, want of observation, the arsenic was put in the sand- partiality, leading persons unwitwich by Mra. Hearn, then you tingly very often to present a ver should acquit her." Tippeary-During a dispute, insion which is inaccurate.

On the question of motive the & Tipperary court regarding the These infirmities, rather than Judge said that, after great re- will of an aged man named Philip wilful falsities, more frequently frction and mere anxious thought Kennedy, of Cashel, it was stated colour and weakon the value of bu- than he gave to any other part of that Kennedy had mysterious secret man testimony.

the case, he had decided that he' powers of healing human ailments

Real circumstantial evidence is should deal with the possibility of and caring disenso in, horses. He avidsnes of fact. If those facts Mrs. Hearn and Mr. Thomas being sometimes got money and some point unmistakably in one diree-guilty.

He discussed the suggestion, in time whisky for the use of these. tion, then they are not leas reliable,

Martia Maher, a neighbour, told but more reliable, than human the case of Mrs Hearn, that Min- of a visit to Kennedy, who was in testimony."

nio was a cumberer of the ground: bad. At Konnedy's request Maher The first question to answer, he that Mrs, Hoarn was weary of took the sick horse to the bedroom proceeded, was this: "Was death nursing her, that their circum Dr. Grierson, giving evidence of window, where Kennedy cured the caused by arsenical poisoning " If stances were straitened, and that.

said a prisoner's mental condition,

the jury were of opinion that it Minnie, apart from being another animal.. that the man was somewhat ignor The Judget. How did he cure it was, the second question was Was mouth to feed, was only an impedi Was Witnes; He raised his hands it the net of the nevused person," ment in the way of conducting the Mr.Justies Swift: In what and said soins prayers over the If they decided it was not arsenic business of taking lodgers, way It was just ordinary intel-horse. I could not hear what be al poisoning, the second question Points Against Conspiracy. lectual inability.

said..

did not arise.

Of course, that was absolutely The first question seemed the inadequate to found say justifica- But great many of us suter Patrick Purcell said he took to from that. How did you test him? Kennedy & friend named Patrick simpler. It was not disputed that tion for, such a crime. There,, me

I asked him questions about our Carroll, who was suffering from a there was arsenic in the body. rent avents,

sore hand. Kennedy exclaimed Commenting on the fact that tive was weak, but he thought it Виррове you were testing me. "God bless us, it's very bad, and when Dr. Lister was called in, he was toc strong to be called fantas Ask me one of the questions you lifting his hands over Carroll's diagnosed arsenical poisoning, the There was also the suggestion might ask him Well, I should ask hand made the sign of the cross Judge said: "Actions sprak onder that Mrs. Hearn cruceived the iden him who is the Prime Minister, several times. Carroll's hand got than words, and Dr. Later not

Did be knowt-I am not sure.

well afterwards. On a previous only diagnosed arsenical poisoning. that, with Mrs. Thomas out of the Well then ask me another. I occasion Kennedy by similar means but made arrangements immediate way, she would have strong, pres should probably ask you who is the cured Carroll of a sore leg. For ly that Mrs. Thomas should be pects of becoming Mra. Thomas. Chancellor of the Exchequer.. this he got half a crown

removed from her surroundings so That was a ludicrously inado- The Judge: Why should the pri Patrick Carroll told of the cure that she could be in no danger of quate justification, but the jury

knew the criticism of the prosecu Boner know who the Chancellor of of a swollen hand and a sore foot poing further poisoned."

tien that in relation to life and the Exchequer is if he does not by Kennedy. "He worked the

truth, Mr Hearn ived in a dif pay income tax? It is a matter of charm on me," said Carroll. "That

Mr. Justice Rochs discussed the ferent world from that of ordin- painful knowledge for people who night when I returned home the To Try another question.swalling broke and the hand was medical ́ovidence and the possibiliary people,

What could Mr Thomas" motiva reies=uggested by the defence, “and asked him the date the war started cured. A and the date the war ended,, Daniel Kennedy said that old said that it was an extremo mente: passion, love, malice, of hat. Good: Kracious," ejaculated the Phil Kennedy transmitted the surd for Iny opinion to reject exred? Thede was no evidence that judge. Do you say man is secret of the charm to a relative, port and medical opinion unless Mrs. Hoarn moved him to passion, ignorant, if he does not know but on no nocount could that per they found it out to be demonstri There was no question of money

amore £100. Asto hatred, that that t

son reveal the secret to anybody,ably wrong.

ant.

Medical Evidence.

tic

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deep, peaceful, refreshing sleep.

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14

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