HomeMy WebLinkAboutThe Seaforth News, 1960-05-19, Page 6bid She Ho*whik
A British Jury?
In 1933, at the Old Bailey, an
English jury fell for a pretty
face ;end a pack of lies.
Not fur the first time or, for
that matter, the last, has this
nearly infallible combination
caused an odd verdict in British
justice.
From tine to time, judges
have reminded juries that a liar
is not necessarily a criminal.
But, on the other hand, most
criminals are liars. It is only a
question of degree as to how
good ur bad at dying they are.
For upon their ability to lie
depends very often their liberty
and sometimes their necks. A
really good liar must ' have a
very good memory and that is
undoubtedly the mark of the
expert in the art.
Elvira Barney was such a liar.
She was a Mayfair society
beauty, the daughter of wealthy
parents, and her activities caused
considerable comment in the
newspapers on several occasions
between the two wars.
This fluffy blonde debutante
had a succession of wild adven.
tures which culminated in her
trial for the murder of her lover,
Michael Stephen. At that time
they were teeth in limit middle
twenties.
Some years before her trial
Elvira had married a well-
known American singer and they
had separated shortly after-
wards. Since then she had been
living in a mews flat in Knights-
bridge with her lover.
Both belonged to a bunch of
young people who were motori-
ous for making a nuisance of
themselves. They gallivanted
around London in highly colour-
ed sports cars and called them-
selves "bright young things."
They consumed vast quantities
of alcohol. They wore the most
odd clothes, and indulged in
ritous behaviour and absurd
practical jokes.
Elvira Barney had plenty of
money. Michael Stephen came
from a good family but was
quite penniless, having been
turned out of home by his father
because of his unpleasant habits.
He had no occupation but de-
scribed himself as a dress de-
signer, His means of support
were provided by a nuneber of
stupid women, of whom Mrs.
Barney was the principal contri-
butor.
At the time of his death he
had been living with Elvira
Barney for about twelve months.
During that period she had kept
him and they had quarrelled
'violently from time to time, The
subject of their quarrels was,
not surprisingly, other women.
In May, 1932, Elvira Barney
gave a cocktail party at her flat.
It had followed the usual trend
of being noisy, very alcoholic
and unpleasant. Michael Step -
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hen had assisted at the party
and afterwards he and Elvira
dined together at a well-known
West End restaurant. Later they
went on to a nightclub, leaving
in the early hours of the morn.
ing,
Elvira Barney had, Os usual,
paid for all the entertainment
that night. After their return to
the flat a violent quarrel took
place, and at about three o'clock
in the morning shouts were
heard, followed by two shots.
A few minutes later Elvira
Barney telephoned for a doctor,
saying that there had been a
terrible accident and . . . "for
Heaven's sake come at once,"
Stephen was found lying fully
dressed at the top of the stairs,
with a bullet in his lungs. He
was dead: Close by, on the floor,
was a pistol containing five car-
•tridges, of which two had been
fired. •
Elvira Barney, hysterical and
under the influence of drink was
reeling round the flat, crying
out, "He can't be dead! 1 will
die, too. I want to die."
The experts who were called
in were satisfied that Stephen
could not have taken his own
life. They also made it clear
that there had been a struggle,
in the course of which Stephen's
finger cculcl not leave been on
.the trigger at any time.
On the face of it, it was a
fairly eters cis; of murder, with
perhaps a possible defence of
manslaughter.
But the trial, which opened on
July 4th, 1932, was to have an
amazing result.
By the very nature of her de-
fence she was legally, at least,
guilty of manslaughter. But the
jury saw fit to disregard not
only the facts, but the law as
well, and to set free a worthless
woman who was also an ingeni-
ous liar,
She was brilliantly defended
by the late Sir Patrick Hastings
and it is no wonder that he re-
fused to see her at any time be-
fore her trial.
The brilliant advocate would
have nothing whatever to do
with his client's lies and deceit.
He had a job to do and he did
it wonderfully well in the best
traditions of his profession.
How did this -extraordinary
result come about? The princi-
pal witness for the Crown was
a woman who lived close by in
the mews. Originally she had
said she heard the accused
screaming just before the sound
of the shot, "Get out, I'll shoot
you."
In the witness -box she changed
this to "Get out, I'll shoot." She
also said that she had told Step-
hen some days before to leave '
the mews, as neighbours had
complained that they were un-
able to sleep becat'se of the noise
from Mrs. Barney's flat.
The witness went on to say
that Stephen had told her he
didn't want to leave because he
was afraid Mrs. Barney might
kill herself. He might have add-
ed with mare truth that he didn't
want to leave his means of sup-
port.
When E1'ira Sarney went into
the witne: s -box to give her fer-
sion of the fatal night, she said
that they had quarrelled because
Stephen had threatened to leave
her for another woman.
That was probable. true. She
had told him that if he did that
she would shoot her -elf. That
was a lie.
At this suegeetion Stephen
picked up the revolver and re-
plied. ''Y'u won't do it with
this."
At ne time did Mn.sBarney
give any explanation as to how
the revolver 'vas available. Her
evidence that Stephen had
picked up the weapon was clear-
ly untrue, -as there were no
marks of his' fingers on it at all.
at all.
She had gone on to soy that
she had struggled with Stephen
to get hold of the revolver and
during the struggle the shot was
fired. This explanation was also
clearly untrue as it entirely
omitted the question of the sec-
end shot,
That was her story and she
stuck to it, hitt on the face of it,
it was a pack of lies.
It seen:ecl obvious that even
on her owe story she was guilty
of mansltu;hter•, because if. es
she said, Stephen had attempted
to get the revolver away from
-her in order to pt'ereni her com-
mitting suicide, and • she strug-
gled• with him, causing the gun
to go off and kill him, then she
was guilty of manslaughter.
Was not, nerhape, the true ex
plangtion that she shot Michael
SteDh,oti in an alcoholic rage of
,lealnusy
Why did tire jury let her off?
Why did they, in •face of all the
evidence and contrary to the
law, decide to acquit her? Were
they won over by the brilliant
oratory of Sir Patrick Hastings?
It is difficult to say but then
the inscrutable ponderings of
British juries, have, on occasions,
baffled other people apart from
themselyee.
Instead, she trent to France,
restuned her old wild life and
died in Paris at about thirty
years of age.
HONEYMOON, SOUTHERN STYLE — Andre Porumbeanu, 35,
and his wife, Gamble, 19, started their honeymoon in Miami,
Ha., after their publicized elopement to Hendersonville, N.C.
She's heiress to the Remington typewriter fortune. They weed
from Miami to New Orleans to Son Antorjo, Tex., where Andre
was Issued a warning citation for speeding and driving on
the wrong side of the, road.
RFAR141
' ew,n-dolir.e P. Ctoxlix
Anyone wearing a new Easter
bonnet over the week -end stood
a good- chance of getting it spoilt.
Rain, fog and even thunder
storms. Traditionally we look
for warm, bright sunshine at
Easter, just as we look for -snow
at Christmas. But apparently
the weatherman has thrown
tradition to the four winds and
hands out whatever comesup at
the moment. And in wet weath-
er who suffers most? I would
say mothers with small children,
plus school-age children home
for the holidays. After struggl-
ing with rubbers and overshoes
all winter mother looks forward
to sending youngsters out to play
without spending so much time
dressing and undressing them.
But the most she can do now is
substitute long rubbers for over-
shoes. and sweaters for play-
suits—and be prepared to deal
with water - logged footwear.
Children will paddle adventuro-
usly in any nearby puddle or
culvert. They are attracted to
water as surely as metal to a
magnet. No good warning them
—"now keep away from the mud
and water:" After all you can't
expect children to he able to
gauge the depth of either. More
than one child has been known
to come home barefoot, his rub-
ber boots left behind in gooey
thud.
Incidentally I -wonder how
many mothers know that the
best way to dry the inside of
rubber boots is to fill them with
field oats to absorb the moisture.
Getting oats is no problem for
farm folic nor need it be for
urban mothers. .lust ask father
to go to any mill or feed feene,
ask for half a bushel ofld
oats and then keep it on hand
for emergencies. It can be used
over and over again. But
watch where you store it as
grain attracts mice. in summer
you can feed it to the birds.
Well, one thing is certain—bad
weather encourages good read-
ing. You know, I often feel that
no worthwhile book or magazine
should be discarded. But unfor-
tunately there has to be a limit.
Just the same I have sympathy
for people whore basements and
attics arc stacked up with back
copy reading material. It may
be out-of-date insofar as the ac-
tual date is concerned but the
content of many magazines is
never out -dated. And it is a
curious fact that what might not
have interested you ten years
ago does interest you today. For
instance some time last year
mention was made on television
of wild, white cattle in England.
I knew I had an article on the
subject somewhere but for the
life of me - I couldn't fled it,
Yesterday, browsing t h r o u g lee some hack numbers of an Eng-
lish magazine called "the Coun-
tryman" I found it. Apparently
there is only one herd in exis-
tence, roaming an estate at Chit
lingham i n Northunthcrland
county. The article claims this
to be the only remaining nerd
it Britain of wild, white male
that have never been crossed
with a domestic breed. They are
believed to be descendants of the
Auruchs, the original white cat-
tle of ancient Britain. If one of
the young animals is handled by
mar. the rest of the herd quickly
kill it. bee 1947 winter blizzards
reduced the herd from 33 to 13
animals. Later' 3 bulls and a
heifer were born, increasing the
herd to 16. None of the cows at
that time was less than seven
years old and two-year-old heif-
ers were not expected to pro-
duce for another two or three
years. Naturally everything pos-
sible is being done to protect the
herd from extinction under the
auspices of the Chillingham Wild
Cattle Association. I thought the
story most interesting especially
as I had never heard of wild,
white cattle before. I wonder if
any of my readers have any
first hand knowledge of these
cattle.
Another article that intrigued
me mentioned the wild ponies of
the New Forest. When I was in
England in 1955 I was on a bus
trip which took me through the
New Forest and several times the
bus driver had to pull up sharp-
ly to let about a dozen ponies,
some of them mares with colts,
wander safely away from the
road back to the woods. The
ponies roamed at will and were
wild or tame according to their
natural disposition. They would
often enter barnyards and accept
feed from the farmer. A fellow -
traveller on the bus, whose home
was in the New Forest, told me
- 000 pony in par'ticuler carte to
her back door tints after -time
looping for tit -hits, Ile became
rather a nuisance 80 slur trial
to discourage him, But the pony
would never take no tor -an ans-
wer and would toss his head and
ste•mp his feet until he got what
he wanted.
The whole of Britain is no
bigger than a small portion of
Canada but thank goodness those
in control are, and always have
been, foresighted enough to pre.
serve their trees and forests. and
the wild life that belongs to the
woods, the fields and the streams,
made familiar to the public
through rural magazines publish-
ed in the British Isles.
Why The Moon Looks
Bigger At Times
---
Of all the tricks nature plays
on men's eyes, none is as old and
inexplicable as "The Moon Illu-
sion." When the noon is low on
the horizon it invariably appears
to be larger than when it is high
in the sky later in the evening
— yet even the mooniest lover
knows that there is no difference
in the distance between the two
moons and the earthbound view-
er on any given night,
Most of the giants of classical
astronomy have attempted to
explain this perplexing illu-
sion by attributing it to a seem-
ing enlargement of the horizon
moon caused by atmosphere
haze. Ptolemy of Egypt (second
century A,D,) first suggested this
theory, and Galileo and Kepler,
among others, also held to it.
Recently, psychologists have
treated the moon illusion as a
problem in perception, related to
the muscular effort involved in
raising and lowering the eyes. To
test such an idea, E. G. Boring,
the Harvard psychologist, had
observers double over and view
the moon from between their
legs. }Ie found the results incon-
clusive.
Last month, Prof, Irvin Rock,
37, of Yeshiva University and
Lloyd Kautman, 33, of the Sper-
ry Gyroscope Co., told the East-
ern Psychological Association
they solved the problem by less
contorted means. Using an old
gunsight and -a light source, they
can reflect an artificial but real -
looking moon onto the retinas of
the eyes while the observer is
viewing the real sky through a
piece 0f glass. in addition, x
shutter permits them to vary the
size of the "moon."
With two such scopes, one
pointed at the horizon and the
other at the zenith, Rock and
Kaufman were able to re-create
the moon illusion at will for
systematic testing. The explana-
tion they hit upon as a result of
their investigation required no
radical theories, but only a re-
shuffling of Ptolemaic and mod-
ern psychological ideas.
Ptolemy had a second theory
which stated that a filled space
is perceived by the observer as
being larger than a equivalent,
but empty, space. Thus, the dis-
tance to the sky on the horizon
appears greater than the dis-
tance to the sky above, because
of the intervening terrain. Here,
Emmert's law of perception takes
over: If there are two objects
the same distance away but one
seems farther away, then it must
appear larger to the subjective
brain — even though both of the
optical images recorded on the
retina are the same.
Or, crudely put, take away the
horizon and intervening terrain,
and the illusion of varying size is
destroyed.
—From NEWSWEEK
Modern Etiquette
els
Anne Ashley
f{.
Should a pian remove his
hat while talking with a woman
in tlo tubby at a hotel?
A: fie certelnly should.
(t, 4,hntsld tt nein allow the wo-
man with hint to p100041e hint
through a revolving door?
A. Yir. If the clone mappens to
be whirling rapidly, he slows it
dawn so that she may enter and
go thrnueh with ease and safe-
ly.
Q. Is it really bad manners to
file one's nails in the presence
of 'a guest? A friend and I are
having an argument over this.
A. To file a broken nail that is
Catching on things is all right—
but to give yourself a manicure
in the presence of guests is in
extremely bad taste,
Q. Is it considered in good
taste for a divorcee to mail out
invitations to her second wedd-
ing? No; nor, as a matter of tact,
should she have a big wedding.
She usually invites her relatives
and close friends by note or
phone. She may, however, mail
out announcements of the mar-
riage immediately after the
ceremony,
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New: New! New! Our 1960
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ISSUE 19 — 1960
CHAPEL ON THE MOVE — Spectators line the way as a memorial chapel to Queen Astrid of
Belgium is slid across a road in Switzerland to a point above Lake lucerne, The queen
died in an auto crash near the spot in 1935.