A Philadelphia Lawyer in the London Courts Part 9

_Defendant's barrister_: "My Lord, I submit, I've no case to answer."

_The Court_: "Oh, yes, you have."

_Barrister_: "Well, if your Lords.h.i.+p thinks so."

The defence was cleverer than the original swindle in that it did not attempt to deny the overwhelming evidence, but merely made the story tally with an ostensibly innocent explanation. The Belgian averred that he had himself been robbed by the Frenchman, with whom he had but a slight acquaintance gained at the Paris races. He said that the Frenchman had kept the deferred appointment and, though he admired the stones, he thought them hardly worth the price, whereupon the two had set off in a cab to obtain an opinion as to their value. If thus a.s.sured, he was to make the purchase and together they were to take them to his wife in a hotel near Piccadilly. As it was late in the day, they failed to find a French-speaking jeweller whom they sought, and it was suggested that, as p.a.w.nbrokers were very cautious in loaning, two opinions of that fraternity should be had. On stopping at the p.a.w.nbrokers'

shops, the Frenchman, being ignorant of English, said there was no use of his going in as he would have to rely upon his companion's interpretation and might as well sit in the cab. Thus, the visits by the Belgian alone to the two p.a.w.nshops and the inquiry as to the amount procurable as a loan, were duly accounted for.

According to the prisoner's story, the Frenchman, being satisfied, proposed to pay in French notes and the Belgian entered a public telephone booth to enquire of his princ.i.p.al if that would be satisfactory, leaving the jewels with the Frenchman in the cab. When he returned the cab was gone.

His intention having been to leave for the Continent the following day, the Belgian said he had already notified the landlord of his flat--which was apparently true--and had dispatched his effects in advance. So, supposing that the Frenchman had gone to Paris, he immediately followed on the evening train in the hope of identifying him en route, or of finding him somewhere in that city. He swore he did find him a few days later and caused his arrest, and that the French magistrate declined to hold him because the crime had been committed in England where there was no warrant out, and, hence, no demand for extradition.

The weakest point in this ingenious fabrication was the prisoner's failure to communicate with the owner of the diamonds during the ensuing five months. This, and other discrepancies, having been easily laid bare on cross-examination, a verdict of guilty was quickly rendered.

The judge had hardly uttered the usual query whether the prisoner was known, before an alert police inspector replied, "He is an international swindler, well-known all over the Continent, wanted in Berlin for a job of 20,000 marks, in Paris for another of 30,000 francs and elsewhere."

_Judge_: "Suppose we give him a few months and allow the foreign police to apply for extradition?"

_Inspector_: "Well, Your Lords.h.i.+p, the trouble is that he claims to have been born in Paris of English parents and that he is, therefore, a British subject, and the French police will jolly well accept his statement."

_Judge_: "That's very awkward. We'll give him twelve calendar months and see what transpires."

CHAPTER XIII

AN IMPORTANT MURDER TRIAL

Amongst the murder trials on the "Calendar of Prisoners" appeared "No 38; Madar Lal Dhingra, 25, Student, wilful murder of Sir William Hutt Curzon Wyllie and Dr. Cowas Lalcaca." This referred to the cowardly a.s.sa.s.sination of an English gentleman who had devoted his life to Indian administration and to benefiting the native races of that country, and to the murder of an Indian doctor, who lost his life in an effort to save him. The tragedy, the news of which had profoundly shocked the world less than three weeks before, occurred during an evening reception at the Imperial Inst.i.tute. The prisoner, a fanatical Indian student, was believed to have borne no personal animosity to his victim.

No one knew exactly when the case would be reached, but it had been expected for several days when, one morning, the Old Bailey, in view of a possible disturbance by Indian sympathizers, was found to be carefully guarded by detectives. Except a small audience admitted by cards which were doubtless hard to procure and not transferable, the public, clamoring at the doors, were excluded from the Court, although one American lady, who appeared in one of the back seats, seemed to have had information and influence necessary to gain an entree.

The barristers' benches, however, were so full that there was an unusual array of bewigged heads on that side of the court. The jury, already in place, and the small audience, waited in quiet but tense expectation. While one was idly noting the usual dried herbs and rose leaves on the desks and carpet of the judges' dais, the Lord Chief Justice seated himself and rolled his chair forward, a shaft of soft sun rays from the skylight accentuating his scarlet robe.

The sheriffs bowed and took their seats at the side, and Dhingra's name was called.

Into the dock at the far end of the room popped the prisoner, guarded by two imperturbable policemen. He was a little, yellow youth with a Semitic or Oriental countenance, silky black hair much dishevelled and badly in need of the scissors, and eyes, so far as they were discernible under his gold-rimmed spectacles, of glittering black. He wore an ordinary gray suit and stood with his right hand thrust into the breast of his coat, suggesting that he had concealed there some weapon or, perhaps, poison; but of course he had long since been disarmed and under careful guard. His was a meagre figure, by no means conveying to an observer his own conceited estimate of his personality. When he spoke, though posing as a hero and martyr, he revealed only a sullen, sulky and venomous disposition and the ferocity of his character was attested by the premeditated and treacherous murder which he had committed.

The Clerk of Arraigns having asked whether the prisoner pleaded guilty or not guilty, his reply was at first not understood because of his broken English and his quick, spasmodic utterance. So his answer had to be repeated, as follows:

_Prisoner_: "First of all, I would say these words can not be used with regard to me at all. Whatever I did was an act of patriotism which was justified. The only thing I have got to say is contained in that statement, which I believe you have got."

_The Clerk_: "The only question is whether you plead guilty or not guilty to this indictment."

_Prisoner_: "Well, according to my view I will plead not guilty."

_The Clerk_: "Are you defended by counsel?"

_Prisoner_: "No."

There were three barristers for the prosecution, including the Attorney General who chiefly conducted the case. The Lord Chief Justice volunteered leave to the prisoner to sit down, which he did, appearing more diminutive than ever, in contrast with his guardians.

The junior barrister having stated the names, the date and locality of the crime very briefly, the Attorney General opened the case for the prosecution in great detail, consuming a third of the ninety minutes which elapsed before sentence of death. In his opening, as is usual in England, he produced exhibits and read letters not yet offered in evidence.

In substance it was related that Dhingra came to England about three years before to study engineering and fell into the a.s.sociation of India House, a rendezvous in London of Indians of seditious proclivities. He lived in lodgings where he had few visitors and where, after the murder, was found a letter from Sir Curzon Wyllie which was read in the opening speech and which stated that the prisoner had been commended to the writer's protection and offered to be of service to him while in England. The story was told of his procuring a license to carry a weapon, of his purchase of a Colt's automatic magazine revolver and another revolver, of cartridges and of a long dagger--all of which were produced by the speaker and the triggers of the empty pistols snapped to show the jury how they worked.

An account of his frequent practice at a pistol gallery for three months and up to the very afternoon of the day of the tragedy and the use of a target the size of a man's head, preceded an exhibition of the last paper target used, when four bullets out of the five had pierced the bull's eye. The speaker described how Dhingra had called his victim aside into a vestibule while Lady Wyllie proceeded down the staircase, how he fired four shots pointblank, which pa.s.sed through Sir Curzon's head; how Dr. Lalcaca had tried to intervene and was shot for his temerity, and how, finally, an elderly English baronet had grappled with the murderer and succeeded in wresting the revolver from him and bearing him to the floor.

The witnesses were then called and examined with great rapidity, the judge restricting their testimony to essentials and checking both counsel and witness from the slightest digression. This seemed to be carried almost to an extreme, as an untrained witness often brings forth an important fact amid much irrelevant verbosity. At the end of the direct examination of the first witness, his Lords.h.i.+p asked Dhingra if he wished to cross-examine. The latter growled a negative but added that he had something to say, whereupon he was informed that he would have an opportunity for that later. Thereafter, when asked the same question at the conclusion of each witness' evidence, he merely shook his head.

The prosecution having rested, Dhingra was asked if he had any witnesses and replied that he had not. The Lord Chief Justice then informed him that if he had anything to say, now would be his chance, and asked whether he desired to speak where he was--from the dock--or from the stand. The judge of course referred to the difference between a mere unsworn statement which might be in the nature of a plea to the jury to add a recommendation for mercy to their verdict, or, sworn testimony which might go to the merits of guilt or innocence. It was apparent that the prisoner, as he was without counsel, did not understand this question and, as well, that the judge did not comprehend his inability to grasp a distinction indicated in the question. Doubtless, as the prisoner was bound to be hanged--and he richly deserved it--the misunderstanding made not the slightest difference in this case, but one could not help feeling that the failure to provide counsel was a serious defect in the administration of justice.

Dhingra elected to remain in the dock and stated that he was unable to remember all he wanted to say, but that he had committed it to a writing which was in the possession of the police. This was then read by the Clerk but so falteringly owing to the ma.n.u.script being illegible, that the effect of the revolutionary diatribe was largely lost. The London _Times_, however, printed it the next day as follows:

"I do not want to say anything in defence of myself, but simply to prove the justice of my deed. For myself I do not think any English law court has got any authority to arrest me, or to detain me in prison, or to pa.s.s sentence of death upon me. That is the reason why I did not have any counsel to defend me. I maintain that if it would be patriotic in an Englishman to fight against the Germans, if they were to occupy this country, it is much more justifiable and patriotic in my case to fight against the English. I hold the English people responsible for the murder of eighty millions of my countrymen in the last fifty years, and they are also responsible for taking away 100,000,000 every year from India to this country.

"I also hold them responsible for the hanging and deportation of my patriotic countrymen, who do just the same as the English people here are advising their countrymen to do. An Englishman who goes out to India and gets, say, 100 a month, simply pa.s.ses the sentence of death upon one thousand of my poor countrymen who could live on that 100 a month, which the Englishman spends mostly on his frivolities and pleasures.

"Just as the Germans have got no right to occupy this country, so the English people have no right to occupy India, and it is perfectly justifiable on our part to kill an Englishman who is polluting our sacred land.

"I am surprised at the terrible hypocrisy, farce, and mockery of the English people when they pose as champions of oppressed humanity such as in the case of the people of the Congo and of Russia, while there is such terrible oppression and such horrible atrocities in India. For example, they kill 2,000,000 of our people every year and outrage our women. If this country is occupied by Germans and an Englishman, not bearing to see the Germans walking with the insolence of conquerors in the streets of London, goes and kills one or two Germans, then, if that Englishman is held as a patriot by the people of this country, then certainly I am a patriot too, working for the emanc.i.p.ation of my Motherland. Whatever else I have to say is in the statement now in the possession of the court. I make this statement, not because I wish to plead for mercy or anything of that kind. I wish the English people will sentence me to death, for in that case the vengeance of my countrymen will be all the more keen.

I put forward this statement to show the justice of my cause to the outside world, especially to our sympathizers in America and Germany. That is all."

His Lords.h.i.+p then asked the prisoner if he wished to say anything more.

The prisoner at first said "No", but just as the Lord Chief Justice was commencing to sum up the case to the jury, Dhingra said there was another statement on foolscap paper.

_His Lords.h.i.+p_: "Any other statement you must make now yourself."

_Prisoner_: "I do not remember it now."

_His Lords.h.i.+p_: "You must make any statement you wish to the jury. If there is anything, say it now."

_Prisoner_: "It was taken from my pocket amongst other papers."

_His Lords.h.i.+p_: "I do not care what was in your pocket.

With what you had written before, we have nothing to do.

You can say anything you wish to the jury. What you have written on previous occasions is no evidence in this case.

If you wish to say anything to the jury in defence of yourself, say it now. Do you wish to say anything more?"

_Prisoner_: "No."

The Lord Chief Justice then summed up the case to the jury in a charge occupying but six minutes. He said that the evidence was absolutely conclusive; that the jury had no concern with any political justification for the crime, for if anything of the kind were considered it would be in the carrying of the sentence into effect--with which the jury had nothing to do--that this was an ordinary crime by which a blameless man, who had devoted himself to the public service and had done much for the natives of India, had lost his life, and that it was quite plain there had been premeditation. His Lords.h.i.+p added that there was nothing which could induce the jury to reduce the crime from murder to manslaughter, nor was it suggested that Dhingra was insane, so that if the jury believed the uncontradicted evidence the only possible verdict was one of wilful murder.

Without leaving the box the jury put their heads together and, in less than a minute, the foreman arose and uttered the fateful word "Guilty."

There are no degrees of murder in England, but in cases where a weak intellect or greatly extenuating circ.u.mstances render hanging too severe a penalty, the Home Secretary may exercise a power of commutation. Thereupon Dhingra having been ordered to stand up, the clerk addressed him as follows: "You stand convicted of the crime of wilful murder. Have you anything to say for yourself, why sentence of death should not be pa.s.sed on you according to law?"