1948-12-31 — Page 9

'THE HONGKONG TELEGRAPH. FRIDAY, DECEMBER 31, 1948.

THE ORDEAL

OF MRS BARNEY

T. twelve o'clock on a night in 1932 a well- known London physician

was called from his bed by the telephone. A woman's voice was crying hysterically.

It is Mra Barney.

Oh, doctor, como at once. Thoro has been a terrible accident. For God's sake, 'come at once."

Wis

Mrs Elvira Dolores Barney married young, but the marri ago was not a success, and the husband and wife soon separat- ed; although there was no divorce the separation obviously final and complete, She occupied a maisonette, con- verted from a garage in the Knights-bridge district, where she lived with a young man named Stephens.

He was a good-looking manne man and she was said to be

very fond of him.

It was to this tent that the doctor was ummoned on the telephone. Upon hi arrival he found an appalling sight.

Stephens was lying upon the stairs and ho was dead.

Mrs Barney was alternately trying to revive the dead man and crying that it was an accl. dent...

By their side was a revolver which had been recently r

The doctor rightly insisted upon sending for the police. She stuck to

her story

No doubt Mrs Barney was acarcely in a condition of mind

And the first sign

by which you can tell

that a jury in a murder

trial will find the prisoner 'guilty' or 'not guilty'

by

"Fabriel, Hastings

SIR

almost every question asked: injudicious cross-examination is dangerous at all tirnes, and an unexpected answer frequently

brings disaster to an advocate's cilent.

In a civil action the risk may be justifiable, but a capital charge is very different and discretion in a murder trial is of paramount importance.

In the next place, witnesses in such a trial always intend to speak the truth. It is therefore practically impossible to cross- "examine any witness for the Crown with a suggestion that they are lying.

Stupid, yes, or perhaps mis- taken even unconsciously exag- gerating, but beyond that it is more than dangerous to go.

Beyond that it is almost im- possible to place complete re- fiance upon the accuracy of any to give a very coherent account explanation which the defen- of what had happened, but for- dant may be prepared to give. tunately for her the story which she then told was one to which They clutch at she adhered from beginning to end throughout her subsequent orden!,

commit

any straw

it

Human nature being what

thal inevitable is almost person,

Lo,

say,

K.G

The real tussie be- tween Sir Percival and myself took place over the incident of the earlier, shooting from the window.

Mrs Barney's explana- tion was that she had

own behalf is supposed to confer upon him an inestimable benefit, and indeed it is only just and proper that an innocent person should have the

to right proclaim his innocence on oath, but to or In- a guilty person, to commit suicide and that she had deed to one who has something vital fired the revolver not at him but to conceal, the privilege in of more inside her room In order to than doubiful benefit, and indeed frighten her lover, and that one which many accused persons her evidence, If accepted, would go for would infinitely prefer to be with- the to explain the bullet. mark found out.

once before threatened

number of shots fired; the previous on her bedroom wall.

Moreover, we had reason to

Mrs Barncy entered the witness- box To my interse relief she told her story extremely well.

She was much more restrained than had feared, and though suffering from strain her emotions were under control..

The main points against her were equally defined.

The witness who heard shoot you": "I will attempt to kill; somehow or other

the young man had they all had to be explained away, believe that

without referred explained and moreover

to the possibility of her making them

appear

worse than committing suicido at the time when and they were already.

the earlier shouting took place, The whole scheme of the defence

I applied for leavo to put that suggestion to the wilness who deposed to the alleged shooting.

Sir Percival stoutly objected to

Her account of the earlier shoot- as inadmissible, but the evidence

ing was a simple denial; she said to frighten Mr Justice Humphreys allowed the the merely attempted: question, and the witness admitted her lover, and fired the revolver in that the young man kad said that her own room to make a pretence he was always afraid Mrs Barney of taking her own life, the bullet being might commit suicido

mark found in the room caused on that occasion.

lino with the possibility of altempted suicide.

an was to bring all the evidence into

First clash wtih

a witness

The trial took place before Me almost if not Justice Humphreys, quite the best criminal Judge I have ever known.

Although the witness adhered to her story that Mrs Barney had When she entered the dock Mrs fired at the dead man, undoubtedly much we had gone some way to support Barney herself created better

had our theory.

than Impression

restraint, but

I

She said she had been unhappy and on more than one occasion had threatened suleide.

The accual death was an accident. Stephens threatened to leave hor the revolver, and she picked up there was a struggle, a shot, and the young man fell to the floor; how it was fired she did not know.

feared; she was very quiet aliko Many prints on In her appearance and demeanour. the revolver

Sir Percival Clarks conducted the

With

And courtesy and

then we had a stroke of No one ever does

of

know, until. piece

evidence prosecution

very properly em- luck. A vital

in the Anger- There it was. Which story would. phasised the damning features of might be found the case for the Crown.

prints, if

any, upon the revolver be believed? Sir Percival Clarke cross-examined her with force and with the from which the shot was fired. first clust came

she adhered to It hers alone had been found thoroughness, but woman who had heard the prisoner

have choot you." It her position might

been her story. Upon the whole she was I will scream, "I was useless to suggest that nothing desperate; if the dead man's were not much shaken.

The speech for the defence may of the sort had ever happened as there as well, she might be saved;

many well have been a disappointment the witness was obviously truthful, if at least there

who expected but a very lifterent complexion prints ns to be indecipherable that for those onlookers

The days of flatulent oratory are might be given to her evidence it gain might tend to support the an exhibition of rhetorical emotion.

will, theow of a struggle.

Here

the police had not acted

hopeless, their usual cumen

nights of imagination or very with

the The revolver had been examined, poetic emotion are best left to the

Whether that it had not been touched since but no care had been taken to see theatre.

the actual

words were,

seemned difference The slight but it was vital,

GO

were .80

gone. Unless a case is absolutely

or not the speech for

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the alleged crime; indeed, even the Mrs Barney had any effect upon CHE SAN STATIONERY Co. police themscives had handled It, the jury no one will ever know, and the examination showed many but then no one ever does know CHINA PILLAR & CO, blurred and unidentifiable prints what a jury think until they return one being that of a detective-in-the-to-their-seats- after having con- CHUNG HING STORE.

sidered their verdict.

feeling him or herself in She said that there had been a quarrel, and that he was such an awful position as that of shoot proposing, to leave her, and an accused murderer, should clutch to save themselves, that she had threatened to and as a consequence defences are

at any straw suicide by shooting invented which bear no relation to latter might be consistent with the

so far from prisoner's threat to shoot herself. herself with a revolver that she the truth, and which

When the witness left the box kept by the side of the bed; achieving their design very often

disaster.

that she was that she had taken the revolver end in complete

as to the actual from a drawer and that he had It is for that reason that I have it was fairly clear

rule one too certain made always

prisoner words the

used.The- an accused ver to

person first dimculty had disappeared. never to see

Upon the whole the defence had Al that moment there is a test CHINESE PRODUCTS_EXHIBITION. in prison. lest should And my The question of the number of

Stand No. 816. which is almost infallible. If they In the conduct of

fired shots

depend look

the verdict self hampered

at the prisoner by something!

particularly 33

the police h-d no reason to be dissatisfied.

Everything must now

the the defence, either the defendant may have sid or

or discovered the mark of a second

upon the evidence of Mrs Barney is not guilty; If they do not,

is death. entence thought by something he may have

When the jury filed back into the his counsel

may have wished he bullet in the bedroom.

court they looked at Mrs Barney. would say,

She was acquitted.

struggled to prevent her carry- ing out her throat, and that in the struggle the revolver had gone off accidentally, shooting him through the body.

She was taken to the noliec station for further questioning

an

inflexible

was

not

casy,

But fortunately for the defence

carp

herself.

Kept emotions **under.control.

who alleged that I am afraid Mrs Barney was the witnesses but there she adhered to her disappointed, at my refusal to see they had heart at least twq shots-

In almost · Every criminal chec were not wholly solisfactory; they previous story, and as no fur her at any time before her trial.

Was bec ne contuard and it did not the danger point is reached when ther information was available The great point in her favour

evidence the defendant goes into the witness- that their reem likely The story she had told apparent.

The law which permits a she was released.

prisoner to give evidence

on his

WHY PICK POOR

HAVE a friend who lives on

After watching is

sinull, common,

and

ON FISH?

-

NEXT WEEK

The French romance of an inn-keeper's wife

THIS

to the doctor and to the police could be unreservedly accepted as box. At that moment Mrs Barney had never varied.

accurate. may perhaps have thought that her troubles were over, but un-, fortunately for her the inves-) tigations by the police brought to light now and startling facts. People in the adjacent flat

"One of the most popular baits with fish and mon is the gentle. had heard the noise of the

you know what that. in, don't you? quarrel, and it was said that

the Thames, und every

It's a pollte name for the maggot, more than one shot was fired;

and there are several ren in the

mako North of England who moreover, one witness stated Sunday a horde of fishermen

almost One day a salmon took his roach that she had heard Mrs Barney come and sit on the bank by shrieking. "I will shoot you. his house,

And there was worse to them for eight years he has de- inedible fish that inhabits the ponds, balt, and for three tremendous hours living breeding them for fishermen.

To anyone packed in tins of sawdust. rivers, lakes, and ennals of Europu he played the 201b. giant on tackle They arrive at your door by post, To be of any use to n ranch fisher

on meat follow. Inhabitants of a flat cided they are mad.

aro from Spain to Siberia (but not, for meant for a 2lb. fish. the At this time of year they

Ireland,

or Scotland else it would have been the fight Bomewhat further down

of a lifetime, even though the mon- they have to be reared

rosch Some the north of Loch Lomond).. mows had been the witnesses more numerous than ever. They some reason,

arrivo at

ten in or nine of an earlier quarrel, and their morning, loaded to the ground

When you do catch a roach there ster finally broke the line and got preferably liver.

them with myntic olls handed ou ovidence was distinctly omin- with gear-great

roda 20 feet long, is little you can do with it. If it arby. But all the roach purist said

thon 2lb. you can was: "Blasted salmon! Wasted my fenties with secret dyes or anoint and never a whole afternoon, he did."

father to san landing nets, rubber boots, camp. weighs more

What is there about from stools, cushions, mysterious black spend £5 and have 11 put in

glass case. Or you can

this uncatable roach that divulged to outsiders.

But the real blackmagle in this boxes or huge bulging bags, vacuum

and give it to the cat. Other-.

excites such fanatle devo- flasks, sandwiches, oilskins,

tion? Well, one thing is kind of fishing is in the mixtures you use for your ground bolt-that even stoves.

the size of its mouth.

stuff

you throw in the water, to The greedy trout has rally the fish around. Three hundred a huge mouth with many years ngo old Iznak Walton, the places where the hook Compleat Angler, swore by sheep's may strike home, but

ous.

Laugh for the last time'

She then

but

WORSHIP

than any other valsty

by BERNARD WICKSTEED

Binn

is

80

men

stain

TRUE STORY

their

wise the only thing is to put it back where you In all the years he's been watching at it and let someone. them ho's never scen one with a

else have a go. It was alleged that after a violent altercation Stephens fish. Once he had a theory that the

Yet in. Its why this was seen to leave the building whole thing was a gigantic hoax.

the mouth of the roach blood, and it's silli used By less..

complete anglers today. and walk away; as he did su They weren't fishermen at all, he humble ligh gives more unhappy husbands pleasure to mure Britons

dainty and thought,

Whatever the Individual may. tiniest hook the upper window was opened posing as anglers to escape for the

It is the poor man's trout.

that only the by Mrs Barnoy who was heard day from their wives.

You have to be rich to catch a salmon, fairly rich ia catch & trout will enter and then it won't catch use-bread, bran, middlings, con- to scream, "Laugh, baby. Laugh

(in England, anyway), but you can unless you tighten your line at the densed milk, calad cream, blood or critical fitti of a second. Whole. Worus-be stays up half the night for the Inst time."

before preparing it in the privacy been built up philosophies have

of his home... --produced a revolver and fired HEN dusk begins to fall they go for a roach at no cost at all.

by round the art of float-watching and at him from the window...

pack up their mass of equipment

Those boys you ice fishing

Just when to strike the If both or indeed either of and return to London, fishless but

the canal: what are they hoping to knowing these facts were established the with a look of ecstasy on their faces,

a great get? Roach. Those men who leave hook home.

Then there's the batt you use. theory of sulckle and accident they had undergone

spiritual and emotional experience. London, Birmingham, Sheffield, and became somewhat difficult; and

Now I happen to know something

is that Marshall Hall les, but roach fishing is nearly as I do know thus it was not surprising that about this, and I can tell you other centres of the cult on Sunday Trout Fishermen talk in a lordly tion of burglars and moberten. They bad (or good). I've a book at home once got a mon acquitted of murder Mrs. Barney was arrested and they're not crazy at all, these people mornings: ten to the they're after way about the variety of artificini say it's so good for the nerves. What

flahere, that's roach, too.

that lists 31 different balts taken by producing a roach-shing wit-

ness. charged with murder, I was They're just roach

There are quite 70 varieties of by roach.

He had to cotabilsh that his client, instructed to defend her.

To those who practise its rites British fresh water fish they might

purists, tho They include bolled pork, bread a bachelor living alone, was home by roach fishing is almost a religion, angle for, but to the

blow flies. elder-berries 2.30 a.m. Luckily the man next door tho taunts and high priests of the faith, fish are crusts, 'It has survived

iwo kinds-roach and bananas, carwigs, genties, whent, was up at the time and heard his rlilicule of the ignorant since the divided into

neighbour return. and Indian hempseed.

"And what, pray, were you doing Middle Ages, and ita, converts have the rest. In many ways the defence in multiplled until now there are more million of them in differs from than half a a murder trial that in any other case. In the Britain.

When a life is

at stake

all.

On

HAVE seen it written that ronch fishing is tho favourite relaxa-

I know a taxi-driver in this cinsa Roach have to be educated to dressed at 230 in the morning?"

but once they get the asked the judge. before Sunday

the take hemp, Ano 1 war he used to cram his cab with habit they become regular dopu

"My lord," said the witness, with fishing gear and ko tienda: That is why it's banned on simple dignity, "I was preparing my

ground ball, am a roach shior." somo, waters,

first place, the life of tho The ronci (Rutilus rutilus), which friends and prisoner may well hang upon in the object of their worship down to the Hampshire AvoD.

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