The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-11-06
q -()njUIkIIII|'1TEEN II ! { LAW %
SAVES ENGLISRMAN
Army Officer Is Acquitted on
Murder Charge.
TRIAL LASTS BUT few HOURS

Case Is Unprecedented in the History
Of English Jurisprudence - Dead
Man Believed to Have Been German
spy-officer Is Free in Less Than
Month.
A remarkable case is that Of Lieut..
Douglas Malcolm, Royal artillery, at
] tached to the headquarters staff of the
British army in France, who, at Old
Bailey, London, after trial of few
hours. was acquitted of the murder of
Anton Baumberg, alias Count de
Borch," believed to be a German agent,
but mentioned in the London press
merely as "slacker."
Before the coroner's jury which gave
the verdict of "justifable homicide"
the police court justice who held him
for trial, and the jury at Old Bailey
which set him free, Malcolm repeated
ly declared that he had killed the
count to save his honor.
The London press emphasizes the
fact that the case is the first in the
history of English Jurisprudence where
the "unwritten law has prevailed 'as
defense at q murder trial.
Yet, the defense made no attempt to
introduce that plea and the prosecu-
ton repeatedly declared that it could
not be admitted. The prosecution,
however, did a remarkable thing. Its
attorney at the examination said:
"All homicide is prima facie MUIR
der. This case contains every element
of willful murder. But in this
case it will be admitted by the prosecu-
ton, and contended by the defense,
that If ever there did exist, or could
exist, a motive which would be ade-
quate for murder, that motive existed
with the prisoner in this case.'
Decided in Record Time.
There were other curious phases
The whole procedure occupied less
time than was ever known before in
British murder case in less than q
month from the day Baumberg was
shot-the perpetrator was free man.
There were stories Of challenges to
duels sent and ignored and revelations
secretly made by Scotland Yard to the
defendant in regard to the mystera-
Gus count" which did not figure as
evidence at either examination or trial.
At the inquest held by Mr.. Byrne,
deputy coroner for Paddington, 1t was
shown that Count de Borch," age thir-
ty-two, was found in his bed. in a
boarding house at 8 Portchester place,
Hyde Park, with fatal shot wounds
In his head and chest and that Lieu
tenant Malcolm was present.
Detective Sergt. Alfred Davies stat
ed that Lieutenant Malcolm, while
waiting to go before the magistrate,
said: ut is all over now. went to
give him a good thrashing with the
whip. I gave him one before; he is
such a coward. I have done all 1 can
to get him away from my wife, and her
from him. He is white slave traffick-
er, and a spy. Scotland Yard knows
all about him. I have called there.
You can imagine how I felt when l
saw the coward who has been trying to
get my wife to go away with him, and
ae out in France helpless to defend
her honor. Can you wonder at what I
did on the impulse Of the moment when
saw the cur before me who was lur-
ing my wife to dishonor?"
The witness, continuing, said that
Baumberg was a powerfully built man
of 5 feet 111a inches, but was not in
good condition, being "fabby' in ap-
pearance.
81 Have Shot a Man."
Police Constable Stephens of Scot
land Yard stated that Lieutenant NAL
colin said to him: Il want you to
come to Portchester place. 1 have
shot a man." The witness accompa-
MED the lieutenant to that address,
and there saw the body Of man lying
on the bed bleeding from the head and
chest, with the mouth wide open. The
bedclothes were all disarranged. Lieu
tenant Malcolm said to him: Il sup
pose you had better have the revolver
that I shot him with
Detective Sergeant McHattie, who
made a search Of Baumberg's room,
stated that he found a loaded pistol In
one Of the drawers, correspondence,
mostly from women, and three letters
addressed to Baumberg from Lieuten-
ant Malcolm. He also found several
letters from Mrs. Malcolm to Baum
berg. Mrs. Malcolm had acknowledged
that she had written them. At the