1948-01-31 — Page 7

B

DRAM

THE HONGKONG TELEGRAPH, SATURDAY, JANUARY 31, 1948.

OF THE LA

COURTS

case

The Jeannie

by A. E. BOWKER

confidential clerk to SIR EDWARD MARSHALL HALL, K.C., through the dramatic days of the famous counsel's career.

RIEFS may seem of little. consentience to the lay reader, but a well-drawn brief may

make all the dif ference between victory or de- feat in a court of law.

One of the finest solicitors in the drawing of a brief was the late Mr Freke Palmer.

He worked unceasingly to place in the lands of counsel engaged every item of informin- tion likely to be of use,

As an example, let me turn to a rather nasty case which ene our way through his stency.

We were retained to defend a well-known London medical man charged with almoortion and administering a noxious drug with intent to procure an aber- tion.

"Yes, very fond indeed." "Do you often see her?" **Yes, ns often as I can."

"Take a look at that death certificate. madam" (produc- ing another document from among his papers). The wit- ness took it, and there was look of terror in her eyes as she perutinised it and realised the frun into which she had fallen.

R

"Dous not that certificate how," thundered counsel, "that your mother died five TASET ****

years

A long patentes, and then quavering "Yes,"

In this instance Preke Palmer had supplied an abun- dianer of real live ammunition. but it was Marshall Ball who fired it and found the target by dramatisation of the inci- dent.

SHOT IN FLAT

tion were

concerned, the doctor was acquitted on each

The chief evidence against the doctor was that of a nurse who had been in his employ. As far as the charges of abor- nend who had given information to the authorities, with the re- sult that the doctor. Was rested, chargeil, and committed . for trial.

PERFECT BRIEF

TUS

a word the

nurse

of Baxter

Jeannie Baster

He promised he would marry aer, and all arrangements were made for them to be married on April 15.

On April 14, she told the court, she went to Hull's dat about 8.30 in for the morning, having just returned from a night club, Hall was dan bed and told her he was feeling "ted up."

"I have shot Jack! Will you go and see, if you can do any thing? He dared me to do it. arta, as the jury apparently did Why did I do it, when we had

arranged things so nicely at believe

this evening!" bhul tick

Enfortunately there was the further indictment of adininis- lering a noxious drug.

was a serious matter, for he had a very large West

011

I

When the police came Jean- uie told the constabie: "He had aggravated me to do this. dil it! I shot him four times, de. We had arranged to do it. the hope it is not serious. Fetch a this doctor."

The prosecution did not End practier, and being a man pend on the evidence of means be in- nurse for of considerable

this, and structed Freke Palmer to get count the doctor was convicted, man he could, and and received a sentener of nine the best spare no expense in making any months' imprisonment. inquiries that were necessary.

MAID TOLD

THIS statement suggested a This, of course, meant utter suicide pact. But at the The solicitor carried out his ruin, for soon afterwards the police court hearing Jeannie instructions to the letter, The General Medical Council re told a different story. brief he brought to me was at moved his name from the Re- perfect model of what a brief gister. should be.

to

We were taken in about this

"I asked the to shoot him. He wanted me to put the revol- ver in his hand, and then run

the not

She then asked him about marriage, and he said he had reasons." and then, she said, he went made any arrangements "for several

01

"Bill (be used to call her Bill).

never could get you and I Together If we were married!' I snid.

I think the best way for me time for the defence of a out of the room and say he had

illustrate the soxi #f pretty girl mumed Jewinie Baxí done it. I said no I would not, thing I mean is to quote a part ter où a charge of murder. I would not be such a coward." of the eruss-examination of the.

It was from an Halian maid I shall always remember the that a startling picture of this A urse by Marshall Hall, asking you to bear in mind all the time words with which Marshall Hall strange penge came to light. that while it is the work of the opened his defence of this un- solicitor to provide the in- happy girl. formation it is the "work" "öf

She proceeded to give the most dainning évidence against the doctor.

Then Marshall Hall rose to cross-examine her.

of

Scene

I did not see why not, but he con- tinued: "I cannot keep my promise. It is better to finish it. He also sald: "This drink is killing me. I cannot stand it.

There was fur

H

further discussion, and

she told him he was a coward to treat her un he had stone.

Hall

struck her, And then pro-

duced a revolver, which he placed on n table at the bedside.

She asked him what he was going to do with it, and he replied: "Never you mind,"

Jeannie then described how Hali wrote the will leaving what he possessed to her Iittle girl, and how, while she was writing the note fo Theresa. Hall stood over her with the revolver in his hand,

She remarked to him that he ap- peared to think Bight of death, and die he replied that we all had to some time.

**I

JURY'S VERDICT

TOLD him to put the revolver away," Jeanie want on, "and bes nir: 'Do you think you could take it away from me?** He was hold- ing it with the muzde towards hine- self, and he asked me to pull the trigger. I wald: "I am not such a coward.

"At the same time I tried to take but the revolver away from him. before I knew what had happen- ed two shots had gone off.

" breame

not dazed, and disi quite know what had happened.

"1 saw him bend down to piek op the revolver, and snatched it ap and fired four times on the ceiling I could. as rapidly as

" then rushed to the door, and shouted; "Jack has been shot.

My Gat. I hope it is not serious!"

Marshall Hall went all out for an equittal, but the jury, after an ab sence of nearly an hour, brought in

of Manslaughter, verdiet

and Jeannie Baxter, was sent to prison

for three years.

NEXT WEEK

How circumstantial evidence nearly hanged a mon.

“Candidus” says of the defence of Hongkong :

It

Certainly Wasn't Maltby's Fault

FTER reading some of the criti- One might as well

and Air Force reveal nothing less

sieges.

put Joe Louis

cisms of General Maltby's accoste against a gangster armed with 2 of the battle for Hongkong. Imachine gun! What is more, nobody am tempted to attempt a parody: was more aware of such an impos- The maid described a

"What do they know of warfare sible state of affairs than General who've Ilwren-the two fevers of Jenn-

Maltby himself. only warfare seen "The pen of a Zola and the nie when they met at her fat, To same, that represents a failure feet of those who directed the War Honkon! fell in eighteen days! The blame must be placed at the counsel to decide how it shall brush of a Hogarth wind be it was their first meeting. be presented.

needed adequately to describe Hall was "very drunk."

and Carefully weighed up in the 1ght of Office years before the Hongkong existing circumstances in that fateful catastrophe. The Colony's proximity The

was called, sworn, the facts in this case," he told

December ire 1941, the eighteenth Japan should have warned the giving her full name and ad. the court.

He produced two revolvers days spot in withstanding the full War Office that if war ever came, dress,

And he was right!

and started "whistling" down weight of the Japanese Ariny, Navy it would take a strong force to drive In the dock stood the frail the barrel of one. The other figure of a

24-year-old girl man, thinking he might shoot than an eple in the annals of historic way the might of Japan. charged with

To attribute any suggestion THE British Government apparent- shooting her himself, tried to take it away. jot blane against the General Officer | 1 ordained that Hongkong wealthy lover, Julian Bernard

Commanding at that time shows should be defended, but did nothing Hall then suggested that they utter lack of comprehension.of the to ensure that such an order could Hall, on the eve of what she should each take # had fondly believed was to be light a

revolver, true position. cigarette, switch out

At that time, the total garrison be effectively obeyed. A token de- their wedding day.

the lights in the flat, and then cluding the various ancillary inefficiency and lack of vision

amounted to some 14.000 men, in-fence, yes! But it cost hundreds of

lives which were He mentioned the name

saerifeed to the

one woman who was alleged to Jeannie lived with a

six fire at each other in the dark-non-co

non-combatant unils. Actually,

of Intelligence

Empire's have been operated

a maid at ness. on, and year-old child and

9,000 troops who could be used for fight-called war chiefs. and fell, and i with artful deliberation mispro- a flat in Maida Vale. The dead The North Country mun re-ing, and these included at least 2,000 Hongkong

on the nounced

of the man-in airman-lived in fused. Half then shot at

night the who were

and untrained whose Churchill broadcast a message woman, calling her Miss Mill more luxurious flat in Denman- other man's photograph; the equipment had not arrived. Against ford-we will say-instead of street just off Piccadilly,

ese Hongkong. expressing surprise that 50.000 Japanese--the bullet went through the head, them were some

fully trained, Miss Millard.

HER TWO LOVERS and hit a bottle of champagne,

fully equipped the enemy had landed and exhorting supported by an adequate navy and the garrison to fight on street by The airman then shot

tair force. Twenty thousand of the street and house to house, little did colussal blunder JEANNIE had for many years Jeanie Baxter's photograph, actually landed on the day and which had been made by his war

been the mistress of a

afterwards firlag the revolver were kept at bay for eight days. chlefs in London. over his shoulder through wealthy North Countryman sitting-room door.

the F is true that British Intelligence THE Japanese knew every freit of who treated her kindly ami

And generously, would have!

AIRMAN'S WILL married

but for family reasons.

To give

complete picture of the circumstances mention must be That she was fond of this made of two documents one man there is no doubt.

will of Hot worded in rather a peculiar manner.

the name

At once the nurse corrected

him. It was just what counsel

had been angling for.

TRAP FOR WITNESS

THANK you, Miss X." he said

politely.

"You are quite right. I suppose you are very particular about names?"

"I am" (tartly).

"Is that why you have given your name as 'X' in this case?"

"That is my name."

Marshall Hall picked up

北

document, handed it quietly to the court usher to pass to the

witness.

"Will you looked at that birth certificate, madam?" he asked.

her

But when the good-looking,

dashing Hall appeared o the scene the girl lost her heart to him, and, although seeing her other lover from time to time. was perfectly ready to give him thought.

to marry Hall, as she

up

The case against Jeannie was. "Does it not show that Anne pretty black. There was the Y was born on such and such a evidence of a man friend of date at Hornsey. Isn't that Hall, named Casewell, that you?"

one occasion when he saw The nurse guzed at the birth certificate, and then in a much quleter voice, replied: "Yes.”

the

there were

approximately

+

witen

the

the he realise

10.

of the 10th 10

was arrestedi

was

was not up to the standard ex-

the Calony. Indeed, in 1940 a pected by any commander, and even Air Marshal Brooke-Popham, Com-Japanese vice-consul mander-in-Chief in the Far East for photographing defence positions, (which included Hongkong), admits In spite of the fact that certain areas

forbidden. He in his official report that. Whilst were advertised no defence areas and

photographing in General Headeuarters we always released with profuse apologies-and realised the possibility of the ex-urned to Japan! The situation was treme military party in Japan forcing "What I have already left to

their country into war, we did not fantasile. The Japanese intelligence believe Miss Jane Baxter I leave for the

till the end of November performed its work almost unhinder- realise maintenance.

йст of

Jiffle that Japan might be actually on theed, and yet we did not every

that Заран

was preparing for worl daughter, Jeannie, Buxter.”

verge of starting war."

The utter chaos which was seen This was found in the death room, Commander-in-Chief In

This from the Headquarters of the

the Far here during the last few days could ns was also the following in

to the handwriting of Baxter, addressed 10 within

the Easti

With such an opinion held not be attributed 1 week or so of Japan Oficer Commanding. It was the na her mald;

launching her

attack, what hope tural result of witnessing the Colony "Theresa dear-please look after Jeannie my only love. lic

could there be of any information being shelled, bombed and raided and war-weary, ill- of value being in the hands of the realising that the has ruined my life. Please ask local commander?

equipped garrison could not hold out. civilian Mr-

Those who remember the (the other man) to help

dend thrown out on the streets, the you, and say I am sorry for all

To blurne In any manner,

and how-th, the stench

the th that has happened.

the General who columnists, plus the pautemonium as From which might

appear that

|was given one of the most thank-civilians endeavoured, like rats in a Suicide pact had

been entered into, less and hopeless tasks--the defence trap, to discover some corner of safety the case against

our of Hongkong-is to be regretted: It or escape, as the enemy hordes drew had would not have mattered whether near to the city, will certainly not

on

the

A

girl at her Maida Vale flat she said:

"I have lost Mr

through

Such was

it

.

Tever oblique, Jean."

fter a coroner's Jury

her

guilty

General

of wilful murder. the greatest military strategist ever blame the Commander, who might It was essential to put Jeannie known Then why did you come to Jack (Hall), and if he does not into the witness-box and let

had been given the job. well be likened to an engineer who is her Without the necessary troops and this court and swear that you marry me or get Mr - baet tell her story of the fatal night in fcaulpment

supposed to start as englao even the result would have though he is without petrol or all. her own words, and-submit 10 been the same.

I for me, I'll kill him."

speak from a very close know- cross-examination.

Those of us who took part will ledge of the official history Dressed in deep black, and wear-always remember the mastery the

and Hongkong's war when 1 say that it feather one of those old-fashioned superiority of the Japanese, due General Maltby had been provided trimmed with purple flowers, Jean of troops and ample equipment of

every description, We hadn't and it difficult to discover words of

Ing

boas-then extremely entirely

with a hint

name was. Anne X?"

"Because 1 did not want my mother to know that I was mix- This witness slept at ed up in this case."

Denman-street flat on the night ""That's

a very good and of the tragedy, and described fashionable-together proper reason," said Marshall how he was awakened by shots Hall disarmingly, and then: as Baxter ran into the

nie told of her relations with

the tank.

an aeroplane-or aumclent sufficient praise Tell me, are you very fond of Ile drew a vivid picture of the her to give up the other man and

two men, and how Hall had begged artillery. We had no Navy, with example and ability to plan and your mother?”

Unfortunately, he was girl's hysterin as she cried:

the exception of a few small units, omniand. live with him,

which covered themselves in glory.placed in an unsolvable predicament.

room.

to overwhelming numbers with the forces and equipment which mchoir critics would

for his

personal

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