1936-10-27 — Page 22

10

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 commonplaco that it is vital to publle confidence in the administration of the low that justice should not merely be done, but should also manifestly appear to be done.

of

It is not sufficient that the whole legal machinery should command the confidence fawyers; it should enjoy that of the general body of citizens also.

We know that Judges and jurles are not infallible; they must occa- sionally make mistakes. The ideal Is that such care should be taken In the preparation and conduct of criminal cases that the public can and will accept the verdicts of juries as based upon the best avail- able evidence and as free from

human wisdom error DA

cap

Achieve.

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

Now the recent sase of Charlotte Bryant les caused a certain amount of public anxiety, and bas left doubts in many minds na to whether thu high standard of care --

mani- which wo all expect has festly appeared" to have been ob- served.

IT IS NOT SUGGESTED-IT IS

not relevant to Burgest-

* that an innocent woman

has been hanged. But there is suspicion that in certain respects the care taken has fallen short or the highest standard, and this may be followed by apprehen- ston that, if the standard in once relaxed, it may one day lead to the killing of some person for a crime of which he or she la innocent.

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

These incidents are two in num- ber. Charlotte Bryant's husband died "of arsenical polsonton, and

•

THE HONGKONG TELEGRAPH. TUESDAY, OCTOBER 27,

1936.

HUMAN JUDGMENT

of

Can Be So FALLIBLE.

mention, both in the opening, Epeech of counsel for the prosecution and in the sum ming-up ot judge. It is possible to argue that it was very import- ant, and it is at any rate impossibio to Ignore it an unim- portant,

Now, the Arst of the two disquieting features of the case is that this piece of evidence adduced behalf of the prosecution was in- accurate, mistaken.

It was, of course,

given in Rerfect after Rood faith, the most careful preparation an

tudy, and no blame need attach to the witness, who cannot be expected to be equally well- informed over the fold of whale

know scientific ledgo.

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.

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

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

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 analysts of the ashes of the fire in question he had found 149 ports in 1,000,000 of arsenious ualdu.

He also stated that the normal umount of arsenious oxide to be found in the ashes of household coal is about 40 to 50 DRILS. In 1.000.000: and the amount of 149 parts actually found in the ashes of this fire 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.

It is a scientific fact, established by long investigation of the com- bustion of various types of house- hoid 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, 149 parts is below, not above, the averago,

been

NOW CHARLOTTE BRYANT WAS a woman of very slender ★

resources. It would have cult for her to have 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 prosecution, even if it could have occurred to her advisers that such a precaution was necessary.

Opinion may vary as to the exact importance of this particular item in the whole body of the evidence in the ease. It was thought worthy. MARIANNANNONAIARANIANINDIARIANNANI

Mary Ferguson in “Twilight

"A

Land".

THEY DON'T LIVE

SK every molter you meet who is not trying to keep her family on a Means Test allowance how she would set about feeding five people 12s. dd, a week."

un

That was what a housewife in New- castic and to me when I asked her to tell me how she is managing to live on the Means Test.

We don't live." she said with a grim emile. "That is the acerct of the whole Means Teat business. None of us are living: we are struggling to exist." I have now been four days on this Investigation into Means Test poverty, and am appalled at the revelations of suffering that I am discovering for myself.

Forced from Home

Sitting by an empty kitchen crate in the home of Mr. and Mrs. J. Bowerby, 7. Eastbourne-gurdens, Walker, New- story of castle-on-Truc. I heard

how the Means Test has completely broken up a onec happy family.

Out of a family of ten, only two boys and one girl are left at home, and the two boys, aged sixteen and eighteen, both apprentices nt the Naval Yard, Walker, earning between them alne- teen shillings a week, ara being forced. to help feed their parents and thirteen- year-old sister..

This is a case whore older sons and daughters have been forced away from home by the Means Test

'Mr. Sowerby, a shipyard worker, has been unemployed for years. Before his sixteen-year-vid son started work ho was allowed 338, a week for himself, wife, nan and daughter, nothing being given for the eighteen-year-old boy earning 10s. 40. a work, "But when, a few weeks ago, the youngest boy started working for Es, Bd, a week, sevent akillings a week was deducted from his father's allowance, bringing it down to 289. a week

d.

This family pays ta, a week rent; in- surance, 25.; clothing clubs. 3. (necessary to provide the working boys with boots, shirts and dungarees); doctor, in a week; as Mra. Sowerby has koen til for years..

That leaves 126, Cd. a week for food for the whole family of fore.

Two tons and two daughters' who tried to help their parents have lett

but just Exist

home because their small earninga which were not enough to feed them, were taken into account, causing their father's allowanco to be drastically cut.

One of the daughters carned 123. for two weeks' work. Because of this 8s. was stopped from her fathers. Means Test allowance and the family was worse off than before, as the gửi had fares to pay. She left home.

To sons left home for the same reason.

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

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

"It hurt me terribly, the mother såld." when I had to nak him to give up the eightpence I used to let him have for his week-end beer. But we couldn't afford it.”

Tragic Eyes

Everywhere I have been it has been tho aame stary: Grinding, callous poverty: bare cúpboarda; white faces; hopeless, tmagic eyes.

I have seen children with infected band's caused by malnutrition. Ono little girl hna no Anger nails. They are- dropping of because her blood ta 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 look twenty years older than they are.

Life on the Means Test is one long nightmare-a fight against starvation and dejection brought on by bunger.

Those of us who hate injustice of

any kind want to know why all this. suffering should be inflicted on men and wothea who really are the sall of the earth.

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

Slowly, thousands of good men, hard workers, tradesmen, proud, able, and good parents are being embittered. I have spent my time in the last

But, soon after the trial, and be- fore her appeal was heard, a well- known expert in coal, having rend or the case, communicated with 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 bearing of the appeal.

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

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

AND WE NOW KNOW FROM THE statement 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 pose of deciding the appeal, pro- ceeded on the assumption that this item of evidence was mis- taken," and did not "regard the matter referred to as affecting the conclusion reached."

Although it is well arguable that the item of evidence in question of substantial importance, was and although many experienced lawyers think it dangerous in any but the plaincat case to assume that any substantial piece of evidence 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.

What is disquieting-and this is

The ashes of a domestic fire might help to hang a woman.

A

the second of the two incidenta that have caused anxiety--is that in dismissing the application for loave 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

The application' further evidence.

medical.

19 of the objectionable kind which We foresaw in a recent case when in very exceptional elrcumstances

further admitted we evidence. This kind of possibility was adumbrated, and we set our faces like a fint against it. It would be intolerable if the Court were to listen to the afterthoughts of a scientifle gentleman in a capital case or in any other case."

In dismissing the appeal itself, the Lord Chief Justice added:--

"It is not necessary to repeat what has alrendy been cald as to the application to call further evi- dence. It is only in the very rarest cases that the Court will hear the evidence of scientific witnesses who after the trial apply their minds to the evidence given in n 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 inymen, it less well-informed, are actually much more important to public conf- dence.

WHAT

WILL THEY THINK? Mistaken evidence, has ★ been given in a capital has not been netually case; it acknowledged 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 un the assumption that this is so."

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

However clearly lawyers may understand that there is really no- cause for anxiety, the fear seems only too well grounded that public disquiet

must

grow from such-in- eldents as these.

The only conclusion that laymen are likely to draw is, I think, that the best of human wisdom and Judgment are so fallible that it is unsafe ever to innict a wholly irrevocable punishment.

ROUNDABOUT

by The Showman

NYONE who doubted that I was right on, the inside of

four days talking with them about the must have been confounded by

future.

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 them what Did I not tell you, when Mr. Man- they are to-day.

tagu Norman, Governor of the Bank Kind fathers have become sullen of England, sailed for America, that ho was really the Bearded Woman and quarrelsome. Mothers and wives

aro peevish and prone to cry fur of Wupps-on-the-Wold-Mr. Norman nowing. They have told me they have himself having taken the Bearded only been twica to the pictures in the Woman's place at Blackpool?

·President Roosevelt " has And now Inst six years.

grown a beard. Oh, has "he"

A Shock

I tell you that this "President” is none other than the Dearded. Woman, Middle-aged men have shown me Roosevelt and Montagu have both dis the frayed cuffs of their jackets and appeared-If you don't believe me, try said, "I have not had a new suit for to And the Bearded Woman" this When I returned to toeck at Blackpool! Try to find Mr. Seven years." London after being through four days Montagu in America! and are, even of gruelling inquiry into how the now, in secret conclave.

Our old friend from Wopps-on-the- 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.

shock, and it is to this country as a doormat. only because there are certain things one cannot say in a newspaper that. am not telling you all I saw and n not describing all the suffering that is going on in the "special" orcos.

Some of it too hideous.

Yes. I have had

Behind the B.B. Scenes

announcers as "noble PROFESSOR JAMES has been prais fellows," who read to us every night, What is happening in the specin!" "very often not knowing what the next areas is therefore the business of us Une is going to bring for them.".

Bome of the state who prepare the all because it will eventually affect all

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

The backtione of the nation is being teases. The other night an announcer contorted by the suffering borne by had got as far as "The Intemeshnol the unemployed shipyard workers, the situeahn has been cumpliketted by...

Then he saw what the next line was miners and the dockers on the Means

The Duce Test.

going to bring him" having alsted, this afternoon, ou dancing the enchuen in ballet skirts be tore the British Embassy,"

To-day's Thought BY flight too often rush into

the thick of our fate.

LIVY.

He stopped, coughed, remarked: "I think if you don't mind I will Just straighten my tie," and was thus able to collect hl wits and skip over the

practical Joker's insortion to the seri ous message.

"Ah'm verra picared wi ye," said Sir John Reith afterwards. "Yer resource wis magnecficen!. An only wish yo hadna said ver te wisná straight. That is a reflection on the deegnity of the Corporation." MARKED BEASTS

ATTLE, they tell me, are going to be tattooed in the Punjab to com- bat the activities of cattle-lifters.

The usual designs of peacocks, parrots, fishes, crossed flags, and

wreathed portraits of the Bull of Bashan, I suppose.

And I can imagine a gay young bull siding into the tattooist's parkour oute day, baring his chest, and bellowing shyly you can leave the hearts and the arrow, but could you possibly turn the name Champion Daizy into

Pride of the Punjab '?"

Label's

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

This craze 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 `ylllage of Abbot's Snorting, when I last inquired for The Whistling Railwayman, they simply Bald, "Oh, thee 'means Bob' Gobbelty. Hebe oop at poob putting down be-cr.”

Wags' Corner. A DEALER was trying to sell a

broken-down, winded horse. "Look!" he said, Insinuatingly, to a prospective buyer, "Lock what a fine coat it has

"Yes," replied the other," but I don't like its pants."

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