1937-07-10 — Page 3

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THE HONGKONG TELEGRAPH. SATURDAY, JULY 10,

JURY FREE BOY WHO KILLED FATHER

SAVED HIS MOTHER FROM A "DRUNKEN BRUTE" IS ACCEPTED DEFENCE

A boy of 17, Henry Smith, of London-lane, Hackney, E., who felled his father with a blow from a milk bottle and then stabbed him through the heart, was acquilted at the Old Bailey recently of a charge of murder.

After an absence, of 10 minutes, the jury upheld the defence that he slew his father, "a drunken brute,” justifiably to prevent him from killing his mother and himself.

Smith, in the witness box, said he

Mr. G. B. McClure, prosecuting. The only happiness I have known has said the father, Joseph Smith, was a been through him." violent mun and B-treated and threatened bin wife. The boy had hated him from an early age, and had said, "I can remember standing up as a child and saying, I will kill this man."

The father, a barnian, came honie: drunk on the night of April 23, and threatened "to de his wife in." boy hit him with a milk bottle,

The

Up to this point the boy was acting probably in the defence of his mo- ther. The question Was whether there was Justilication for what-fol- lowed.

He knocked his father down with a blow with his fist and stabbed him seven times, probably with n clasp kolte..

When he was pulled away the boy! seid. "This is the Anest deed I have ever done in my life or ever likely

to."

Mildred Constance Smith the boy's mother, said that when her husband threatened her on this night, "he had the look of a flend." He was a strong man, and a terror when in sirial.

had tried to keep his home life secret. He had been loyal to his father as far as he could and bad never attempted to injure blm before this night.

Mr. Eastwood: Had he

got up from the floor before you used the knife, what do you think would have happened? He would have killed us.

How long had this life of terror gone on?-Ever since I was born.

Has your mother been all the world to you ever since you were a small boy?-She lins.

Is

Mr. McClure, cross-examining: It true you have wanted all your life to kill your father?—No.

Did you ever feel that one day you

master?- might physically be his

Yes.

DEATH SENTENCE BARRED

Professor Drummond, of University College, snid that Smith was u laboratory attendant in his depart- ment. He was a boy of exceptional; promise, and he had given him every

to work encouragement Bachelor of Selence degree.

Mr. Justice Maenaghten, summing up, said that sentence of death could not be pronounced on a person under

"THE ONLY HAPPINESS" Mr. J. F.-Eastwood K.C., defend- Ing. Your son is a slight boy?—Yes,;

Mrs. Smith said her son was “all the world to her," and for some 10. years his life was spent in trying to protect her from his father.

Mr. Enstwood quoted from a letter which 21rs. Smith had written while her son was in prison:

"I feel as if my heart was broken thinking of my boy facing this awful charge simply through protecting his mother from a drunken brute,

for

his

In lieu of this, I he were found guilty, he would be detained during] His Majesty's pleasure.

There was no dispute that Smith killed his father. If the jury were salisiled that it was done because he thought his mother's life was in perli,

the verdlet should be not guilty. If they thought he was actuated by vindictive motives, their verdict should be guilty,

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