1949-01-27 — Page 14

THE HONGKONG TELEGRAPH, FRIDAY, JANUARY 28, 1949.

LAST GIFT OF A

THE CASE

OF THE HOODED MAN

FATHER ABOUT TO DIE

TN 1912, at Lewes Assizes, John Williams was tried and convicted of the murder of a policeman at Eastbourne. He was executed.

I have no doubt whatever that he was guilty, but I have equally no doubt that, in law, his conviction was unjustifiable, and inasmuch as his trial was the first occasion upon which I had appeared for the defence -upon-a capital charge, the re- ault caused me the gravest disquiet.

John Williams was not his name. I was told that he was tho son of a clergyman, and that he was determined

that

his father should never hear of he had the depths to which descended. He was

a well-set-up young 'man, and his speech gave every -evidence of good education.

he By profession burglar, and he could scalo the wall of a houre like a cat.

Sweetheart of

great beauty

Was

a

At the time of his trial he was living with a young woman of remarkable beauty who was on the point of giving birth to a child, which fact formed one of the features of a somewhat unusual trial,

A piece of prison bread to his child.... Now nobody. can ever say that your father has not ever given. you anything'

by Sir

Fabril, Hastings

She telephoned the polico, and a police officer called on the man to come down.

The only reply was a thot from a revolver and the policeman fell

lead.

Eastbourne was combed for the murderer, but apparently without result, and the author of the crune might never have been traced had

his it not been for

Gubsequent betrayal, a betrayal under singularly revolting clrcumstances. Power betrays

his friend

A few days alter

the crime Power presented himself ot the Eastbourne police station, where he stated that he was in a position to identify the murderer.

When prosperous Williams lived In West End hotels, where he and his companion would dine in luxury; elded when trade was back return to the slums.

he

K.C.

So many Ingenious de- fences have been pro-. sented to the courts which obviously OWC their origin to minds far more acute than that possessed by the average murderer, that it is for better that counsel should have nothing to whatever

with them and in addition. always the thero is

that an ac- Krave risk of

blurt may man cused to which out some statement or even confession that may seriously hamper his ad- vocate in the conduct of his defence.

The plan was rendered no moru that Power attractive by the fact was of necessity a collaborator, and while the only accurate account what was arranged was known

that version the police, reached my ears as being derived from the giri herself, and therefore quite possibly exaggerated, was by no means attractive.

sion According to her she received a visit from Power Immediately after his call upon the police, when he Bald he had come to save her and Williams.

Ho told her that the police knew the full story of the crime. Includ→

ing the fact that the incriminating revolver had been burled upon the beach, and that they were proposing immediately to retrieve it

do

110

However, on this occa- I yielded to the prisoner's importunities. and for the first and only time consented to visit the accused man in his cell.

Not the faintest

sign of fear

Now whatever WD- Ilams's crimes and faults, Accordingly, the only possible way

wan at least un- had de- He said that Williams

to save Williams from the gallows he burgle the Counter's would be that he, to

courageous. Power, should inchingly hls would house;

not had started

where that be

accompany her to the spot with his In journey

company

the revolver was to be found, and whom he had left on Flis companion?

mainly were

paramour, criminals like himself, of whom the a bench on the front; that he had that they should together dig it up

in

a pro fired his revolver-whether or only one who appeared minent positiun at the subsequent merely to frighten the policeman was not clear--and, anding that

trial was a man named Power.

In

the man was dead, he had rejoined the giri and confessed to what he bad done.

According to Power, both

be

and remove it.

Arrested on

sald

the Ho showed

of fear. He sign faintest

except to deny that he knew any nothing about the facts of the case thing whatever about the murder.

About the

girl whose evidence against him was so deadly, he spoke the beach

with nothing but kindness; but when Difficult though It might be to

Power's name wag mentioned ho discover any redeeming quality in

The position of the girl was stated calmly that if only he could the character of the prisoner,

pliable. She was undoubtedly de- the case

case of

no would be of minutes there to be on Power it would seem

impossibility. man had posed as a close came alarmed and buried the re- voted to her lover, and she was in het Fower within reach for a couple

com- hor child was imminent; moreover, on a charge of murder. who shared. in volver in the shingle on the bench, a condition in which the birth of necessity for anyone to and devoted friend,

Having no money, criminal acti-

I warned him that the risk of an municated with Puwer, and he had the believed Power to be a true, many of Williams's

and indeed her only friend. to return to vities, while at the same time ap-

helped Williams

โป consequence, she fell into the unfavourable verdiet was great, and usked him if he wished me to try for a verdict of manslaughter upon the possible ground that the shat had been fired without any intention to chuse death.

This

an

they

parently nourishing a secret passion Londen, where he had made a full for the young woman with whom his friend was then living, and it confession of the crime.

may well be that this suggested

passion afforded the explanation of Trap set for

the almost inbuman

which Power

guilty.

betrayal of the girl subsequently was

was living in Eastbourne

who

was locally Countess.

known 5

trap.

蓄

defend him

Ste Patrick klaidings at the

time of the trial.

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he approached her with protestations officers were standing almost within earshot: knowing that she was un- of undying friendship, he knew that

willingly sending her lover to the gallows, he alded her with a pretence of tender affection in her search fo the fatal weapon: when he was or- rested with her, he knew that his arrest was just a sham

Taken out of

the country

As the horrible story was dragged out of him, it was scarcely surprising that the warders in the dock closed nearer to the prisoner, few would have doubted what Power's late would have been if the two men had been allowed to meet.

The same night she and Power With went down upon the beach. little dificulty she dug up the re-

He brushed the suggestion aside

When he left the witness-box one volver and, on rising to her feet, It was at once clear to the police found herself surrounded by police, almost with contempt, saying he thing at least was obvious; no pri-

of Power Was

Power were

would for rather be hanged than go

convicted it : could ever be Soner At the date of the crime there that the character

believe when both she and no jury would a lady such that

immediately arrested.

to prison for another year.

Power's evidence stood alone. the his uncorroborated evidence.

After the trial I heard that the Sir Frederick What followed next; must always

Low K.C., prose- So they decided upon a scheme

admirable in its remain a matter

for speculation as

based his case almost entirely upon try.

The only other evidence of any from the esplanade, ingenuity, was somewhat unpleasant her story and that of the police did cuted for the Crown at the trial. Ite police smuggled him out of the coun

the girl's statement. He asked that man on in its execution, although no doubt not completely tally.

greatest possible and one night she saw a

indulgence importance was that of the prisoner necessitated, the portico.

According again to her version, she the was told that unless she made a full should be extended to her, but himself. He gave his evidence well, would be charged pointed out that if her evidence was denying that he had any part in or confession she

only accepted the result of the case was knew anything about the murder. with murder, and that her hope of escape was to incriminala a foregone conclusion.

Her house was situated in a rond which, while running up

Are we losing the

breed of Drake?

by

DON TAYLOR

TAS the youth of Britain safety and security at all costs has

ture? Are we, instead, breed- ing a new generation of "social security conscious" youngsters? Many of those concerned in the training

these of young people days belleve that we are.

character,

They may be factor to take in to account. Our colonies largely lie in regions where-despite the Vances of science-the sun and the sandstorm, the mosquito and

life tsetse fly, can make pretty tough.

In a recent broadcast discussion

But we would never have the solitary adult on "Adventure,"

not been conquered-much speaker found the youngsters who cur Empire if these obstacles

wore his co-spenkers united in a shull we hold out. strong disapproval of his eulogy on

the spirit of adventure.

They thought it showed lack

of

its

tho

the

her lover.

What, if any inducement was held Surprise at the trial

out to her it is impossible to say, but the fact remained that she told the full story. very much as Power had foreshadowed; and her statement recorded and immediately

was

signed.

Police moved swiftly

I now

tho

to became obvious

that events must

move authorities quickly to prevent any possibility of ad-the girl remolded

girl retracting her statement. It was decided to entrust her to the care of a police matron, which, while possibly evincing a, tender care, would at the same time butt prevent any possible communication

hed with outside Influence. Less

DON'T BELIEVE IT Are there really no boys lying on the dockside walls these days steamers watching the deep-sea loading, and dreaming the old, tons Stato dreams?

be Do they really all want to civil servants or employees of na tionalised undertakings in safe jobs

home? at

a sense of responsibility! Is autlook the product of minds rear- ed in the belief that should mother them from the cradle to the gravo?

SAFE BERTHS

A friend of miné, a master in a London area council school, Ands, now, that boys are much more in- clined to plump for careers offering a safe borth and comfortable annual Increase in pay.

pare most invariably request

sions.

!

when

1 course

sho WRE

any

very

His cross-examination was detailed and prolonged, but did not add very much to the general story, and when the judge summed up apart from the girl's story before the magistrates, The girl was the first witness of there was very little evidence against

Importance, and although him. desperately sho looked

Everything depended on the sum beautiful. Her first words fell like ming-up, and, in my view, the sum- a bombshell She could say nothing;

is enough she could give no evidence, and she ming-up was most unfortunate. It. to say that the judge know nothing whatever about the directed the

Jury that they were murder.

entitled to consider the girl's state- ment as evidence in the case, and, if they accepted it, to convict the pri There was, of course, an appeal, soner. The verdict was "Guilty." but before the hearing the prisoner's unhappy born. The was child mother had no money and no friends, so my wife and I had to provide for her confinement. Condemned man

.

Low at once asked for and ob- tained leave from the judge to cross- examing her upon her statement be-

fore the magistrates.

Sho was taken line by line through that statement, and, while admitting that she had made it, she sold that every word was only forced from her by the terror of her arrest.

Question of what

is evidence

•'.

saw his baby.

The hearing in the Appeal Court was unfortunate. Tho Lord Chief Justice, Lord Alverstone, presided, was the first and, and although it indeed, the only time I ever appeared before him, I was not greatly im pressed by his legal acumen,

The prisoner was guilty and that was enough. The appeal was dit- missed

Williams was immediately arrested

The effect of this retraction gave and brought before the magistrates, rise to the real problem in the trial. when, instead of merely formal According to our law, a prisoner is evidence of arrest being given, as is tried upon the evidence given before the usual practice, the girl's evidence the jury, was given at the earliest possible

It is, of course, always permissible moment. Treasury Counsel app was to crosa-oxamine a witness by con- for the taken through her statement line fronting him or her with a statement by ne and she was only made on a prior occasion, but the police supervision effect of such a cross-examination is released from

From the outset 'it was apparent her

had been able to be misunderstood. deposition

that he was satisfed of the prisoner's I don't believe it.

formally given and signed.

As a means of discrediting the gullt, and no legal argument seemed When the Falkland Islands De- By this time the case had aroused witness it may be conclusive, but it to make the least impression upon

wanted eight an enormous

amount of public does not turn into evidence against him, Indeed, in his judgment he pendencies Survey

interest. Speculation had been first tho prisoner the contenta of the nover referred to it. men last year, to spend long, lonely months in the savage wastes of the aroused by the decision of the police statement the truth of which the.

that Williams on his journeys · be- wliness denies, Letters I get asking about Em Antarctic 500 applied,

prison and the polico pire. prospects -- from

Survey tween the boys and

And, don't forget, three

recently lost their lives in that court should envelop his face in a about security and pon- hostile

world of ico.

vell When the East African, ground- So the palsoner became popularly: Surprisingly, I get a far larger nuts scheme with all its discom-known as The Hooded Maa. number of inquiries

from

men forts of climato and isolation-was Power's share in the betrayal had, above the 30 mark-and rarely do first launched, some 100,000 volun-been carefully excluded from the those bother (at least in the Brst teered for the 2,000 or so Jobs evidence, but some suspicion of his instance) about Buch things, "as avalable.

complicity must have leaked out. security,

'SWAMPED'

council schoolboy is affected. The Overseas Food and the Colonial Do Colonial Service, which wants in velopment Corporations that they the main products of the univers are swamped with applications for nities, has never been so short at Jobs in Empire countries.

He showed no sign of emotion as And then there ure such men story was accepted the result of the other words, bar evidenco on this he kissed it affectionately, and then SERVICE DRIVE

and their namo la leglon In the trial was a forgone conclusion; there part of the case was purely negative. pressed a small piece of prison bread into its hand, saying as he did so: Throughout the 40 or so countries British Empire as Major W. Nelll. was a muspicion and, no more, that

The cross-examination of Power "Now nobody can ever say that your of the Colonial Empire there are A lone white man with bis Afri- Power and proved

dramatic. Never father has not ever given you any jobs going in practically All "boys," he has been surveying Judas, but even if that muspicion in my life have I met a more utterly thing."... branches.

2,000 miles of the old Nigerian ahould prove to be well founded it contempuble human being.

was hanged. Bo near to crials - is',

slave trails in the heart of service

the amounted to no more than an that in the next few months it is, tsetsa-ridden bush, so that they can element of

of prejudice.

The betrayal of his friend was bad launching a drive to attract the be turned Into modern highways.

My

antioty was increased by the enough but the story of his treat- grammar-school or public-school wager the major didn't go very urgent request of the prisoner that ment of the girl, also according to Loy before he goes up, to the deeply into the "social security" I should visit him in prison.

him his dearest friend, must have nide of it before he took on this siniserally.

I have always belloved the practice revolted everyone. Now wo are certainly in trial of, montal and

collaboration with the police, When desperate position is an urge for durance physical, en- of such visits to be most, undesir Everything he did to her was in

iable,

The last thing I heard of Williams come from one of the prison officinis. The result of Low's cross-examing- Before his execution he was allowed a visit from the mother and his child. tion, in my opinion, amounted to

According to the usual custom they no more than this: the jury were entitled to disbelieve the witness were separated by a grille, and he when she stated that she knew no-

naked to be allowed to hold the baby. with a but they The warder in attendance, thing about the murder, wero not entitled to treat as evidence not unnatural kindness, took the the contents of her deposition before child from its mother and gave it to

which tho had him ...the magistrates, in -Very naturally the case caused mo. given a detailed account of the oc

night. In It the girl's currence on the fatal the greatest anxiety.

It would seem that not only the Again, I am told by both the An urgent

stoff.

-

the

can

request

himself I

on was oven mero

The next day he was

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