1938-12-07 — Page 24

Hongkong Telegraph 港電新報 士蔑新聞 All

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THE HONGKONG TELEGRAPH, WEDNESDAY, DECEMBER

1938.

LEAGUE FORMED TO FIGHT GERMAN COLONY CLAIMS

BOY ACQUITTED

OF MURDER CRIMINAL INTENT AS ISSUE

TO-MORROW KING'S GIRL'S BODY IN SACK

There's always

„ÁÐAU HAD EYE

and

a woman

ANTHONY, HAD, CLEOPATRA

#APOREON HAD 10SEPHINE

MELVÝN

has JOAN

ZONED HAD JULIE

JOAN

MELVYN

BLONDELL DOUGLAS

There's Always a Woman

MARY ASTOR

FRANCES

JEROME

DRAKE COWANA

From the popular Amerişsın. Mogapme story hy” Wilson Collitan 1 Sclern play by Gintystehmon ▸ Produced by Directed by Alasunder tull William Parlberg · A COLUMBIA PICTURE

A "YOUNG LADY" NOW!!

You loved her as a charming child...you'll idolize her as a winsome miss.......in tho "throes” of her first crush!

Deanna Durbin

That CERTAIN AGE

with

MELVYN DOUGLAS

Jackie Cooper • Irene Rich Nancy Carroll John Halliday Jackie Saart • Juanita Quigley

COMING SOON

QUEEN'S & ALHAMBRA

A schoolboy aged 13 appeared before Mr. Justice Asquith at the Central Criminal Court re- cently charged with the murder of Beryl Ann Oborne, aged four, whose body was found in a sack in a conservatory at the rear of a house near her home at Hazell ville Road, Upper Holloway.

the

- There were two women on jury. After an absence of one hour and three-quariern the jury found the boy Not Guilty and he was dis- charged,

It was stated in evidence that the and giri lived with her mother

Way One day che grandmother.

she was

playing out of doors and

CESSION WOULD:

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

Armed 4. Mean

Resistance

A colonial defence league, pledged to oppose the return to Germany of any of the mandated territories in East Africa, formerly German colonies, is to be formed in London.

Already preliminary steps have been taken by pro- minent politicians and business men to organise it.

MANSLAUGHTER RULED OUT Mr. Justice Asquith, summing up,

Board, The Joint East African which represents in London the in- terests of zeitlers, planters, mer- chants and bankers in East Africa,

I missed. The next morning her body snid the case was full of horror but is to meet shortly to deal with the| was found naked in a sack under- the jury were spared the horror of formation of the new body, which i neath a pile of attache cases in the knowing that any decision could re- will be open to members of all poli- conservatory. The child had been sult in the death penalty. It was lent parties.

gagged and tied up.

"The boy later made a statement, which Mr. G. B. McClure, for the prosecution, submitted was a confes- nion that he killed the little girl.

DEFENCE SUBMISSION

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

of

practically conceded, said:the Judge, that if an adull had done what the necused boy was alleged to have done, it would be murder, Had the prosecution satisfied them that the accused boy, under 14, knew that

what he had done was seriously and gravely wrong?

This step follows the strong appeal |

of the Duchess of Gloucester and made by Lord Francis Scott, uncle leader of the Tanganyika Lengue. which was formed there to resist any to Germany.

roposal to surrender the territory

passed.

At some of the meetings decin- rations in favour of resorting to force, if necessary, to prevent the areas to Germany, were urged.

return of the

HAPPY AND FREE

ill a

Ruth Etting, blues singer, who testified under oath

Los Angeles court that she was not

to married Myrl Alderman, wounded in a shooting at her home. Misa Etting's former hus band, "Colonel" Martin (Mee) Snyder, is charged with assault and battery in connection with the shooting. Miss Elting has been sued for $150,000 by Mrs. Alderman.

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AT YOUR DEALERS Comparo It

"It may well have been too sweep- must not forget her ing, but we deliberate extermination of the bulk of the Herrera tribe in former Ger- man South-West Africa during 1903 stops pain and 100R, or the similar wiping out of comething like 150,000 natives in the in 3 seconds rising in East Africa

"I knbw Germany rejects the Throughout East Africa mass meet-charge of unfitness to govern natives The Judge commented:-"A lotings have been held at which resolu- which was made against her after the has been said that he must be shown tions protesting against any cession war. to be an abnormal boy. That is not of territory to Germany have been At the close of the case for the quite the way the principle should The prosecution, Mr. J. F. Eastwood, K.C., be applied, as it seems to me. leading

counsel for the defence, sub-question is, 'Did he know that what was seriously and mitted that there had been no evi- he was doing

have been invit- the presumption that gravely wrong? dence to rebut a boy under 14 was incapable of ed to rule there is an alternative- sufficient evil intent to commit anenslaughter, As a matter of law crime. He suggested that there was I would direct you that there are no a question of manslaughter in the facts in this case which would justify

s verdict of manslaughter." case.

The jury, as stated, after

found absence of 18 hours, accused hoy Not Guilty.

Before he was discharged, Mr. Eastwood sald he thought there were powers under the Act of 1933 to deal with this case. Counsel said that the 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

you

it

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

While Mr. Eastwood,-Yes. would clearly be murder in the case nol of an adult, if the jury were satised 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 find a verdict of man- slaughter.

was a

The Judge said he would consult nuthorities on the question of man- slaughter, about which he little 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 no evidence the witness-box, and was given for the defence.

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

child Counsel

continued: “A. under eight cannot commit a crime according to our law. From the age of eight to 14 the low assumes that a child coutot have the necessary criminal intention which would jus- of tify a jury in finding him

a crime, but evidence of ab takes them out of this rule of law." Mr. Eastwood said his case was that the boy was normal and came within the rule. He continued that In these days of the cinema. one did not know the effect on the infant mind of pictures where the hero, tied up with ropes, escaped at the eleventh hour.

Again, sald counsel, hundreds of people were searching into sexual matters, particularly with regard to children. . he concluded, the pro- secution had satisfied the jury that the boy was abnormat 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.

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future.

#

and 1908. M. L. S. Ainery, Colonial Secret-rule during 100ica against German "These acis by Germany were anary in Mr. Baldwin's Government of

temper, taken as evidence of the 1924-0, who with Colonel Charles

which, judging by the recent cam- Ponsonby, Concervative M.P. for

palen of

brutality cowardly interested in Sevenoaks, is keenly

against the Jews, secins, 14 any. the new movement, said, "We can-

thing. to have been accentuated not agree to hand back the mandated

under the Nazi regime." territories to Germany.

Mr. Justice Asquith ordered the boy to be discharged.

FOR YEARS, WE HAVE CELE- BRATED OUR CHRISTMAS WITH GIFT VALUES FOR OUR CUSTOMERS AND AMUSEMENT FOR OUR LITTLE FRIENDS, AND THIS CHRISTMAS. IT IS JUST AS BIG A THRILL AS EVER!

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"What right have we to hand over i In their plea for support from Eng- to Germany millions of natives who { land, settlers in East Airlea point cut- are happy, free and secure under that if Germany is given back the British rule?

surrendered colonies England will "There is also our own security ns thus be providing her with air bases, an Empire to consider. Germany in harbours for submarines, the past made it abundantly clear road to Lako Victoria and the sources that the regarded colonial possessions of the Nile, from which it would be merely as a stepping-off stone to possible to threaten the Sudan and wards a wider Empire at cur expense, Egypt.

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