LATE CABLE NEWS

Hokitika Guardian, 4 December 1931, Page 6

LATE CABLE NEWS

COUNSEL’S DUTY.

ETHICS OF THE POSITION

LONDON, November 26

“ ‘How can you defend a niurdeier whom you know to be guilty?’ us a question frequently asked the .criminal advocate,” says Judge MeLeary, in an article in the “Manchester Guardian.” He explains that it is irrelevant if the instructions by which the advocate is guided .show that his client "’as not implicated in the killing is not necessarily a murder. It may bo justifiable or excusable homicide, or, if culpable homicide, it might be reducible to manslaughter.

Consequently various considerations may occupy counsel’s mind, including Lord Bramwell’s dictum: ‘‘A cl.ent is entitled to say to counsel, ‘I want your advocacy, not your judgment. I prefer to leave the judgment to the Court.”

“Moreover, until evidence is given, how can a defending counsel presume his client guilty while it is the accused’s right to call on the prosecution to prove the charge?” asks the judge. “Couns?l‘s first line of defence is on general issue—guilty or not guilty. His duty is to cross-examine witnesses, testing the prosecution’s evidence, to call evidence favourable to his client, and to point out to the jury conclusions which are proper 'to he drawn from evidence. “In the last resort there is the plea of insanity, although counsel cannot igno:e that its success means his client’s' lifelong incarceration. Counsel’s position is an unenviable one. His client’s life is largely in his hands. A mistake may he disastrous, but he must decide the line of defence justifiable in the circumstances as Inis client knows them.

“Then, using all his skill, knowledge and experience, he must employ d] the weapons the case may legitimate! v yield.”

SMITHY'S NEW JOB. FLYING CIRCUS AT HOME LONDON, November 26. It is reported in air . that the authorities at Heston aerodrome Are contemplating the creati'n of a “flying circus,” which wiil] tour E.ng'•i T) d. performing stunts and taking passengers for flights. Air Commodore Ivingsford Smith has been offered the leadership. When this message was shown to Air-Commodore Kingsford Smith at sydney he said: “The offer I have received from England has been made in confidence, and I cannot, in the "iroumstances, disclose any of the details. All I can say is that the proposed appointment is to begin' next year.” The Heston aerodrome is a private'y owned establishment and various other forms of commercial aviation are conducted. It was tile aerodrome at which Kingsford Smith landed on completion of his la s t flight from Australia. NEW ZEALAND MAJOR. DIVORCED BY TITLED WIFE LONDON, November 25. Lady Gladys Honor Bridgeman, L he eldest daughter of the Earl of Dudley, was granted a decree nisi for a divorce from Major Percival C. Allan Bridgeman on the ground of his misconduct with an unknown woman at the Grosvenor Hotel. Counsel stated that the husband had at first • denied the allegations, hut subsequently had intimated that he would not defend the suit. Major Bridgeman. who retired from 'he Koval Air orce in 1920, is a New Zealander, having been horn in Dunedin. When only 29 years of age—he :s now 43—he was appointed assistant Director of Armament in the 11. A.F. and during 1919-20 was assistant Director of Ordinance at the Ministry of Munitions. PRINCE’S MEMOIRS. EXPERIENCES ABROAD LONDON, November 25. Prince Arthur of Connaught, speaking at a Royal Naval Volunteer Reserve reunion dinner, related that when he made an official Visit to Japan, he travelled in the Uniform of an Elder Brother of Trinity House, and changed, on landing into the Uniform of the Scots Greys. “The Japanese got terribly muddled. One said, ‘Prince Arthur then landed, and . the moment he set foot on our shores changed into the traditional scarlet tunic and top boots of an admiral of the. British Navy.” . Prince Artlufn added that once, when lie was travelling in Africa, a native chief greeted him thus: “I am but as the lice in the white man’s blanket.’’ ■ >