1938-12-07 — Page 10

10

$1 TIFFINS

at

China Bldg. Hor

ong

THE HONGKONG TELEGRAPH, WEDNESDAY, DECEMBER 7, 1988.

LEAGUE FORMED ΤΟ FIGHT

VOMAT

Jimmy's GERMAN COLONY CLAIMS Lietus

TO-MORROW

la Carte

AT

THE

Hankow Rd., Kowloon:

BOY ACQUITTED

OF MURDER CRIMINAL INTENT AS ISSUE

KING'S GIRL'S BODY IN SACK A schoolboy aged 13 appeared

There's always

and

ABALHAD EVE

AMIHORY: HAD CLEOPATRA

MAPOLLON HAR JOSEPHINE

MELVYN

hat JOAN

COMED NAD JULIET

JOAN

mass

MELVYN

BLONDELL DOUGLAS

There's Always

MARY ASTOR

a Woman

FRANCES

JEROME

+

DRAKE COWAN From shim pasiular American Magazine story by Wilson Colțuan • Screenplay by Gladys Lehman Diverted by Alexander Hall Pedured by Walam Perlberg · A COLUMBIA PICTURE

A "YOUNG LADY" NOW!!

You loved her as a charming child...you'll idolize her as a winsome mise.........in the “throes” of her first crush!..

Deanna Durbin

That CERTAIN AGE

with

MELVYN DOUGLAS

Jackie Cooper

• Inne Rich „Nancy Carroll• John Halliday Jackle Sead • Joanita Quigley

COMING SOON.

QUEEN'S & ALHAMBRA

રી

CESSION WOULD:

1. Be Unfair To Natives 2. Threaten Egypt's Safety 3. Be Thin End Of Wedge' 4. Mean Armed Resistance

before Mr. Justice Asquith at the Central Criminal Court re- cently charged with the murder | of Beryl Ann Oborne, aged four,

A colonial defence league, pledged to oppose the return whose body was found in a sack in a conservatory at the rear of 2 house near her home at Hazell- to Germany of any of the mandated territories in East Africa, formerly German colonies, is to be formed in ville Road, Upper Holloway.

on the London. There were two women jury. After an absence of one hour And three-quarters the Jury found

Already preliminary steps have been taken by pro- the boy Not Guilty and he was disminent politicians and business men to organise it.

and

was Was

charged stated in evidence that the

It was girl lived with her mother One day she grandmother.

she playing out of doors and inissed. The next morning her body was found naked in a sack under neath a pile of attache cases in the conservatory. The child had been gagged and tied up.

DEFENCE SUBMISSION

Sir Bernard Spilsbury said that in his opinion the cause of death was strangulation by a 1lgature around the neck. There was evidence of interference.

-MANSLAUGHTER RULED OUT

Board, East African The Joint which represents in London the in- mer. terest of settlers, planters, chants and bankers in East Africa, Is to meet shortly to deal with the formation of the new body, which will be open to members of all poll- tical parties.

This step follows the strong appeal made by Lord Francis Scott, uncle of the Duchess of Gloucester and leader of the Tanganyika League, which was formed there to resist any wo proposal to surrender the territory loomany.

Mr. Justice Asquith, summing up, said the case was full of horror but the jury were spared the horror of knowing that any decision could res sult in the death penalty. It was practically conceded, said the Judge, The boy later made a statement, that it an adult had done what the to have which Mr. G. B. McClure, for the accused boy was alleged prosecution, submitted was a confes-done, it would be murder. Had the prosecution satisfied them that the Bion that he killed the little girl.

accused boy, under 14, know that what he had done was seriously and

Throughout East Africa noss meet. gravely wrong?

The Judge commented:-"A lotings have been held at which resalu has been said that he must be shown tions protesting ngainst any cession to be an abnormal boy. That is not of territory to Germany have been quite the way the principle should passed. be applied, as it seems to me. The question is, 'Dil he know that what was seriously and he was doing gravely wrong? I have been Invit- ed to rule there is an alternative- amanslaughter. As a matter of law I would dirket you that there are no facts in this case which would justify a verdict of manslaughter."

The jury, as stated, after

found the absence of 124 hours, accused boy Not Guilty.

Before he was lischard, Mr. Eastwood said he thought there were powers under the Act of 1933 to deal Counsel sald that the with this case. boy, with the approval of his mother, would go back to the remand home whence he had been brought, and he thought there was sufficient grounds to bring the boy before a Juvenile Court, where an order could be made for his care and supervision in the future.

At the close of the case for the prosecution, Mr. J. F. Eastwood, K.C., leading counsel for the defence, sub- mitted that there had been no evi- dience to rebut the presumption that a boy under 14 was incapable of sufcient evil intent to commit crime. He suggested that there was a question of manslaughter in the

sase.

Asquith-Can you Mr. Justice conceive a verdict of manslaughter on this evidence?

While It

Mr. Eastwood.-Yes. would clearly be murder in the case of an adult, if the jury were not satisfled that the boy expected death or grievous bodily harm to follow his tying up of the girl, but thought he knew it was an illegal act, then the jury might and a verdict of man- slaughter.

The Judge sald he would consult authorities on the question of man- Wag a slaughter, about which he lille puzzled. On the question of rebutting the presumption that the, boy was incapable of discretion, he ruled that the case should go to the jury.

A NORMAL BOY

The accused boy did not go into the witness-box, and no evidence was given for the defence.

Mr. Eastwood, in his address to the jury, said he had called no evi- dence because he relied on the lack of evidence by the prosecution to show that the boy was an, abnormal { boy.

Counsel continued:-"A child under eight cannot commit a crime according to our law. From the age of eight to 14 the law assumes that a child cannot have the necessary criminal intention which would jus- tify jury in Onding him guilty of erime, but evidence of abnormality takes them out of this rule of law." Mr. Eastwood sald his case was that the boy was normal and came within the rule. He continued that,

did in these days of the cinema one not know the effect on the infant hero, mind of pictures where the tied up with ropes, escaped at the eleventh hour.

Again, said counsel, hundreds of people were searching into sexual mutters, particularly with regard to children. If, he concluded, the pro- secution had satisfed the Jury that the boy was abnormal they should then consider whether he knew that death or grievous bodily harm must result from this act. If they thought he did not know that, it amounted to a verdict of manslaughter.

An

Mr. Justice Asquith ordered the boy to be discharged.

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At some of the meetings decln- rations it favour of resorting to force, if urcessary, to prevent the return of the areas to Germany, were urged,

HAPPY AND FREE

Ruth Elting, blues singer, who

In testified under oath e Log Angeles couri that she was not

to married

Alderman, Myri

wounded in a shooting at her home. Miss Elting's former hus- band, "Colonel" Martin

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rejects the "I know Germany charge of unfitness to govern natives which was made against her after the WIPED OUT "It may well have been too sweep- must not forget her ing, but we deliberate extermination of the bulk of the Herrero tribe in former Ger- man South-West Africa during 1903 stops pain and 1909, or the similar wiping out of something like 150,000 natives in the in 3 seconds rising in East Africa against German

Mr. L. S. Amery, Colonial Secret-rule during 1905 and 2006. ary in Mr. Baldwin's Government of 1924-9, who with Colonel Charles M.P. for Ponsonby, Conservative Sevenoaks, is keenly. Interested in the new movement, sald, "We con- not agree to hand backs the mandated territories to Germany.

"What right have we to hand over í to Germany millions of natives who are happy, free and secure under British rule?

"These acts by Germany were taken as evidence of 1. temper. which, judging by the recent cam- paign

of cowardly brutality against the Jews, secms, it thing, to have been accentuated under the Nazi regime."

any-

In their plea for support from Eng- land, settlers in East Africa point out| that if Germany is given back the surrendered colonies England will "There is also our own security as thus be providing her with air bases, an Empire to consider. Germany in harbours for submarines, an open the past made it abundantly clear road to Lake Victoria and the sources that she regarded colonial possessions of the Nile, from which it would be merely as a stepping-off stone lo-possible to threaten the Sudan and! wards a wider Empire al our expense, Egypt.

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