1936-10-27 — Page 10

10

THE

HONGKONG TELEGRAPH.

TUESDAY, OCTOBER 27, 1936.

$

Features of a recent murder case that are believed to have caused some public anxiety are discussed in this article. :

by D. N.

PRITT,

K.C., M.P.

T is a commonplace that it is vital to public confidence in the administration of the law that justice should not merely be done, but should also manifestly appear to be done.

it is not sufficient that the whole legal machinery should command the confidence of lawyers; it should enjoy that of the general body of citizens atso.

We know that judges and juries are not infallible; they must occa- xionally make mistakes. The koal 1s that such care should be taken In the preparation and conduct of criminal cases that the public can and will accept the verdicts juries as based upon the best avail- able evidenco and as free from wisdom сап human error f achlevo.

And in no cnoca is this more im- portant than ia trials for murder, where the penalty itself in death.

Now the recent case of Charlotte certain Bryant has caused amount of public anxiety, and has left doubts in many minds as to whether the high standard of care. which we all expect has "mani- fostly appeared" to have been ob- served.

IT IS NOT SUGGESTED-IT 19

not relevant to suggest- ★ that an innocent woman has been hanged. But there is uspicion that in certain respects the care taken has fallen short and of the highest standard, this may be followed by apprelien- slon that, I the standard la once relaxed, it may one day lead to the killing of some person for a crime of which he or she is innocent.

In these circumstances, It is im- portant to sec clearly what are the incidents in the case which have given rise to these anxieties and icars.

These incidents are two in num- ber. Charlotte Bryant's husband alled of arsenical poisoning. and

HUMAN JUDGMENT

So fallible that it is unsafe ever to inflict a wholly irrevocable penalty.

she was accused of murdering him. Part of the evkience brought for- ward by the prosecution against her was to the effect that she had burnt in her copper are a tin that had contained arsenic.

By way of corroboration of this evidence, the prosecution called an eminent scientific witness. House- hold coal always contains a small quantity of arsenic, and this wit- ness stated that on analysis of the ashes of the fire in question he had found 140 parts in 1,000,000 of arsenious oxide.

of

He also stated that the normal amount of arsenious oxide to bo found in the ashes of household coal in about 40 to 50 parts lu

the amount 1.000,009; and 149 parts actually found in the ashes of this are was so abnormal that in his opinion it was clear that arsenic in addition to that contained in the coal had been burnt in the fire in question.

Opinion may vary as to the exact Importance of this particular item in the whole body of the evidence In the case. It was thought worthy

Can Be So

FALLIBLE

of mention, both But, soon after the irini, and be fore her appeal was heard. n well- in the opening-known expert in coal. having read speech of counsel of the case, communicated with for this prosecution and in the sum- ming-up or the Judge. It is possible to argue that it was very import ant, and it is at any rate impossible to Ignore it as unim- portart.

Now, the first of the two disquieting features of the case is that this piece of evidence adduced on behalf of the prosecution was In- accurate, mistaken. It was, of course. given in perfect good faith, after the most careful preparation ณ ว 4 study, and no blame need attach to the witness, who camot be expected to be equally well- informed over the field of whole scientifle know- Jedge.

But the fact re- mains that out of all the scientific gentlemen in England the prose cution was content, in a capital case, to rely upon a gentleman who, however honourable and howevor eminent, was not able to answer accurately on this particular tech- nical point.

"

It is a scientific fact, established by long investigation of the com- bustion of various types of house- hold coal, that an arsenic content eight or ten times greater than the 149 parts in question is fully con- sistent with no arsenic having been added to the fire-indeed, 140 parts is below, not above, the average.

beck

NOW CHARLOTTE BRYANT WAS a woman of very slender *

resources. It would have difficult for her to havO provided herself in advance of the trial with the services of an expert witness to combat any mis- taken evidence that might be given for the prosceution, even if it could have occurred to her advisers that such-a-precaution was_necessary.

ANANURANGANUN

Mary Ferguson in""Twilight_Land”.

"A

THEY DON'T LIVE

SK every motlier you mout

who is not trying to keep

Test allowance how she would set

about foeding five people 128, 04. a week.

on

That was what a housewife in New- cusilo sold to me when, I asked her to tell me how dio la managing to live on the Means Test.

"We don't live," she said with a grimt antle. "That is the secret of the whole Menns Test business. None of us tire living; we are struggling to ext" I have now been four days on this Investigation into Means Test poverty, and am appalled at the revelations of suffering it I am discovering for myself.

Forced from Home'

Siulag by an empty kitchen grate the home of Mr. and Men.. J, Sowerby.

·37. Eastbourne-gardens, Walker. New- castic-on-Tyne, I heard this story ol How the Means Test .has completely broken up a once happy family.

Out of a family of ten, only two boys and one girl are left at home, and the two boys nged sixteen and eighteen. both apprentices at the Naval Yard, Walker, carning between them nine- teen abilungs a week, aro being forced to help feed their parents and thirteen- year-old sister.

This is a case where older sons and

· daughters have been forced away from home by the Means Test.

Mr. Sowerby, a shipyard worker, bas been unemployed for years. Before his sixteen-year-old son started work ha was allowed 335. a week for himself, wife, son and daughter, nothing being given for the eighteen-year-old boy Daruing 108, 4d. a week. But when, a few weeks ago, the youngest boy started working for Bs. Bd. a week, seven shillings a week was deducted from his father's allowance, bringing it down to 268. a week.

This family pays as a wook rent; in. surance, 20. ölothing clubs. 32 04. (necessary to provide the working boys with boots, shirts and dungaroca); doctor, Is a week, na Mrs. Bowerby has beon il for years.

That leaves 1, d. a week for food for the whole family of five.

Two sons and two daughters who tried to help their parents have left

-

4

but just Exist

hame because Whair smail carnings, which were not enough to feed them, were taken into account, causing their father's allowance to be drastically cut.

One of the daughters earned 12a. for two weeks' work. Because of this a was stopped from her fathers Means Test allowance and the family was worse off than before, na the gizi had fares to pay. She left home.

The sons left home for the same reason.

"I used to get a pint of milk a day," Mrs Sowerby sald, "but I cannot afford it now. The boys need maro food now they are working. They need clothes and boots, and what they are earning hardly feeds them."

The father of this family has given up everything but his tobacco, and even that bas ocon cut down.

"It hurt me terribly." the mother said, "when I had to ask him to give up the eightpençe I used to let him have for his week-end beer. But wo couldn't afford it."

Tragic Eyes

Everywhere I have been it has been the same story: Grinding, callous paverty: bare cupboards; white faces; hopeless, tragio eyes. "

I have soon children with infected Опе hands, caused by malnutrition. little girl has no finger nails. They aro dropping off because her blood is dreadfully impoverished through poor. feeding.

Men are afraid that if they get a Job they will not be able to do the work. They feel sick and ill from lack of good food. Women took twenty years older than they are.

Life on the Mcans Test is one long nightmare-- Oght against starvation and dejection brought on by hunger.

Those of us who hato, injustice of

any kind want to know why all this suffering should be Inflicted on men and womca who really are the salt of the earth.

I am no politician, but it seems per- fectly clear to me that any country carrying this load of misery is also carrying a load of mischief that may lend to serious consequences

Blowly, thousands of good mon, hard worker tradesmen, proud, able, and good parents are being embittered. I have spent my time in the last four days talking with them about the future.

her advisers, pointing out that a mistake had been made; and when it was learnt that he was willing to give evidence on the point, an application was lodged with the Court of Criminal Appeal asking for leave to call this fresh evidence on the hearing of the appeal.

On the argument of the appeal, Mrs. Bryant'a counsel stated ciently that the evidence of the scientific witness at the trial was incorrect on this point.

It is perhaps a pity that counsel for the prosecution did not then and thero express publicly his agreement, but at any rate he in- dicated no dissent.

AND WE NOW KNOW FROM THE

atatement made by the Home Secretary in the House of Commons on July 10 that the judges. in the Court of for the pur- Criminal Appeal posa of deciding the appeal, pro- ceeded on the assumption that this item of ovidence was mis- regard the taken," and did not matter referred to as affecting the conclusion reached.""

Although it is well arguable that the item of evidence in question was of substantial importance, and although many expertenced lawyers think it dangerous in any but the plainest caso to assume that any substantial place ovidence cannot have affected the minds of the jury, it is not neces-. sary to challenge the view of the Court of Criminal Appeal that the appeal should be dismissed.

of

What is disquieting-and this is

The ashes of a domestic fre might help to hang a woman,

D

A

the second of the two incidents

that have caused anxiety--is that in dismissing the application for Icave to call further evidence, without calling for argument from counsel for the prosecution, the Lord Chief Justice used the fol- lowing words:--

"There is no occasion for the further evidence. The application is of the objectionable kind which we foresaw in a recent ense when In very exceptional circumstances further. medical WL admitted evidence. This kind of possibility was adumbrated, and we set our faces like a mint against it. It would be intolerable if the Court were to listen to the afterthoughts of a scientifle gentleman in .capital case or in any other case.”

In dismissing the appeal. Itself. the Lord Chief Justice added:--

17 It la not necessary to repent what has already been nald as to the application to call further evi- dence. It is only in the very rarest eases that the. Court will hear the evidence of scientific witnesses who after the trial apply their minds to the evidence given' in a case in which they were not called, and seek to say that a mistake has been made."

Lawyers may fully understand the position, and their faith in the Court will remain undiminished. But the views of laymen, if less well-informed, are actually much more important to public conf- donce.

WHAT

★

WILL THEY THINK? Mistaken evidence, has been given in a capital case; It has not been actually knowledged, by the prosecution. but the Court, as is learnt later, is dealing with the case on the foot- ing

that it is mistaken.

Counsel for the prisoner asks leave to call a witness to prove that the evidence was mistaken. The Court does not say: "Do not trouble; we will deal with the case on the assumption that this is so.

It says, instead, that the applica- tion is objectionable, that it would be intolerable to listen to the afterthoughts of a scientifle gen- tleman, and that it is only in the rarest cases that the court will hear the evidence of scientine wit- nesses who "seek to say that a mistake has been made."

However clearly lawyers may understand that there is really no cause for anxidty, the fear seems only too well grounded that pubile disquiet must grow from such in- cidents as these.

DOLLAR STEAMSHIP LINES AMERICAN MAIL LINE SAILING S

President Lioern' fearuant sailings and, their unionis stopovné · privileges allow you te

, travel fast exactir as you those. And Dollar Bleemably Lines and Amerlesia Mali Lčan' worldwide offom and agunia are maintained to serve you sabore In whatever pings you chance to be. Make your next trip more enjoyable, travelling "the Tresident Line way.”-

TO SAN FRANCISCO ·

Via Shanghai, Kobe, Yokobama, Honolulu, San Francisco, Panama

..Canal, Havana, New York.

TO SEATTLE, VICTORIA Vin Shanghal, Kobe, Yokohama and Victoria.

Pres. Coolidge 10 m. Oct. 31st Pres. Jackson Pres. Lincoln Midnight Nov. 17th Pres. McKinley Pres. Hoover

Noon Nov. 28th Pres. Grant Pres. Cleveland Midnight Dec. 15th Pres. Jefferson Pres. Coolidge 10 nm. Dec. 26th Pres. Jackson

EUROPE, NEW YORK

Via Manila. Singapore, Penang, Colombo, Bombay, Suez Canal, Naples, Genon and Marseilles,

Pres. Harrison

Pres. Hayca Pres, Wilson Pres. Monroe Pres, Van Buren

Midnight Nov. 0th Midnight Nov. 20th Midnight Dec. 4th

Midnight Dec. 18th

Midnight Jan. Ist

MANILA

THE MOST FREQUENT SERVICE Next Sailings.

4 a.m. Nov. 7th Pres. Jackson 8 nm. Nov. 21st Prea. Harrison

8 am. Dec. 6th Pres. Lincoln

I a.m. Dec, 19th Pres. McKinley Da.m.

Jan. 2nd Pres. Hoover

MOST FREQUENT SERVICE ON THE PACIFIO

6 p.m.

8 a.m.

Oct. 31st Nov. 7th

0 p.m. Nov, 10th

6 p.m. Nov. 14th

p.m. Nov. 19th

DOLLAR STEAMSHIP. LINES

• · *AMERICAN MAIL LINE*

FEDDER DUILDING-THONGKONG. CANTON BRANCH French Conemalon, Shares,

THE

BLUE FUNNE

LINE

REGULAR AND FAST FREIGHT AND PASSENGER SERVICES

LONDON SERVICE

BEDCATIUN-xula-4-Nov-for-Murovillas, Casablanca, Lidon, Rotterdam, nmburg & Alasgow PATROULUS maile 1 Noy, for Marles, Londva, Bortering Glasgow

ASPHALION

anila 1 Nov.

The only conclusion that laymen | LIVERPOOL SERVICE are likely to draw is, I think, that the beat of human wisdom and Judgment are so fallible that it is unsafe ever to inflict a wholly Irrevocable punishment.

ROUNDABOUT

-by The Showman-

NYONE who doubted that I was right on the inside of High International Affairs must have been confounded by They feel like dead men, up in the the report that President Roose- velt has grown a beard while on North.

They are slowly becoming haters of holiday. everything that has made thom what Did I not tell you,, when Mr. Mon- Lagu Norman, Odvernor of the Bank they are to-day.

Kind fathers have become sullen of England, sailed for America, that and quarrelsome. Mothers and wives "he' was really the Bearded Woman are peertsh and prone to cry for of Woppa-on-the-Wold-Mr. Norman nothing. They have told me they have himself having taken the Bearded enly been twice to the pictures in the woman's place at Blackpool?

And now President. Ioosevelt" has last six years.

grown a beard. Oh, has "he"f

A Shock

Our old friend from Wopps-on-the-

I tell you that this. "President" in none other than the Bearded Woman, Middle-aged men havo shown me Roosevelt and Montagu hare both dis- the frayed cuffs of their jackets and appeared-if you don't believe me, try Bald. i have not had a new suit for to find the Bearded Woman" this seven years.” When I returned to weak at Blackpool! Try to And Mr. London after being through four days Montags in Americal-and are, even of gruelling inquiry into how, the now, in secret conclave. Means Test victims are living I was told, "You look as though you had Wold is holding the stage alone. When. It is all over she will be shipped back Just had a shock,"

Yes I have had a shock, and it is to this country as a doormat. only because there are certain things one cannot say in a newspaper that I Behind the B.B. Scenes am not telling you all I saw and am

ing BBC. announcers as "noble not describing all the suffering that PROFESSOR JAMES has been pris is going on in' the "special" areas.

tellows, who read to us every night, Bome of it is too hideous, What is happening in the "special" "very often not knowing what the next areas is therefore the business of us line is going to bring for them."

Some of the staff who prepare the all because it will eventually affect all

news announcer's script are awful our lives it it is allowed to continue.

The backbone of the nation is being Lenses. The other night an announcer contorted by the suffering borno by had got as far as The, interneshnal the unemployed shipyard workers, the situeshn has been cumpiketted by...* miners and the docker on the Means Test.

p-To-day's Thought

BY: Aight we often rush into

the thick of our fate.

དྷྭ་

-LIVY

Then he saw what the next line was . The Duce going to bring flo", having luslated, Uils, afternoon, on dancing the eachuca in ballet skirts be Lore the British Embassy."

He stopped, coughed, remarked: "I think if you don't mind I will just straighten my.tle," and was thus sblo to collect his wits and skip over the

practical Joker's insertion to the seri- ous message.

'Al'm verra pleased wl ye," said Sir Yer resource John Reith afterwards. wis magneeficent. Al on'y with poc hadna said per tie wisnu siraight. Thot wis a reflection on the deegnity of the Corrrporrration," MARKED BEASTS CATTLE, they tell me, are going to be tattooed in the Punjab lo com- bat the activities of cattle-lifters,

The usual designs of peacocks, and parrots, fishes, crossed flags, wreathed portraits of the Bull of Bashan, I suppose.

And I can imagine a gay young bull aldling into the tattooist's parlour one day, haring his chost, and bellowing shyly" you can leave the hearts.and the arrow, but could you possibly turn into the namo Champion Daisy 'Pride of the Punjab "

Labels

:

THERE is a man who is "always" referred to as the "million dolar speedway rider."

"This crate for labels is a curious one, and seems confined to newspapers. I can recall, quite recently, The Cycling Parson, The Knitting Postmistress, and The Hiking Cricketer.

But in my own village of Abbot's Snorting, when I last inquired for Tho Whistling Railwayman, they simply said, "Oh, ther means Bob Cobbetty. He be oop at poob putting down bo-er."

Wags Corner

DEALER was trying to sell a broken-down, winded horse.. "Look!" he said, insinuatingly, to a prospective buyer, "Look what a fine coat it has!*

"Yea," replied the other," but I don't. like its panta,“

NEW YORK SERVICE.

PHESION rails 1 Dec.

PACIFIC SERVICE

•

for 'Havra, Liverpool &

Bromborough

for Boston: N.Y., Phindsiphia & Baltimore via Alanilo. Batavia, Straite & Cape of Good Hope la Koba, Nagoya 'k Yokohama)

TYNDAREUS la 7th Nov. for Victoria, Vancouver & Heattle INWARD SERVICE

TYNDAREUR

MENTOR ANTENUR

Due 30 Oct. From Pacific via Japan Bhanghai Duo 2 Nov. From U. K. via Strita

Duo 6 Nov. From U, K. vi Straus Specially reduced fares are quoted for cargu'steamera with

limited passenger accommodation.

For freight, passage rater and information apply to

BUTTERFIELD & SWIRE.

Tel. 30333.

THE

Agente.

1, Connaught Road, O.

SWEDISH EAST ASIATIC

Co. LTB

SERVICE OF fast motor vessels (with limited, but exceptionally good, passenger accommodation). Homewards to:

Port Sudan, Port Said, Marsaillesgiers, Oran, Antwerp, Rotterdam (Amsterdam), Hamburg, Old, Gothenburg and other Scandinavian Ports

via

Manila and Siraits Settlements M.S. "SHANTUNG” M.S. "CANTON" M.S. "TAMARA" Outwards for:

Shanghal, Yokohama, Kobe and Osaka,

M.S. "CANTON"

M.S. "TAMARA" Passenger Rates:

Agenta:

Hong Kong to Mediterranean Hong Kong to Antwerp

GILMAN & CO., LTD..

Hongkong.

7th Nov.

6th Dec.

.6th Jan.

28th Oct.

.19th Nov.

247

£64

G. E. HUYGEN

Canton.

Page 10Page 11