The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-09-20
BRITAIN ADOPTS |'UNWRlTTEN LAW
Frees Officer Who Killed Stacker to Save Wfe's Homo
Tender Love Letters Written by
Capt. Malcolm Before Killing
Bogus Count Melt Hearts of
Jury and Slayer Is Acquitted.

Jury and Slayer Is Acquitted
London, England. Sept 2O-This is
the story of Britain's first "unwritten
law" acquittal of a man who killed.
What exceptional plot SO touched an
Unconditional British jury as to estab
lish that precedent?
This:
1t is such drama of love and war
that the great world conflict, with all
its upheaval of circumstances and fer
ment of human passions, has not else
where produced its equal.
1t might be the theme of master
novelist 1t is as elemental as an
epic. 1t goes to the root of human
motives.
1t tells how two British juries dc.
cided Douglas Malcolm, lieutenant in
the royal artillery, returning from the
front in France to shoot the war slack
er who as a bogus count had stolen his
wife's affections, was not murderer,
and set him free. And in telling of
this one tragedy it tells Of all like it
that the war can produce.
In the coroner's court at Padding
ton woman sat. At first sight Lon
don called her "the woman of the Ros-
setti neck" for her beauty was CLASH
cal, like that of famous painting.
She was on the witness stand.
Mrs. Malcolm" said Coroner Byrne
to "the woman with the Rossetti
neck" did your husband know the
truth of your liason with the bogus
Count de Borch?"
Il told him. she replied with a
faint smile, Ito divorce me-that there
had been intimate relations between
u.s.
The coroner looked at her, over his
glasses. Then he picked up two pa
pers from his desk and turned to the /
jury.
"In case of my DEATH" he read, 81
leave all my money to Mrs. Taylor of
Vicarage cottage, Hartford Heath, and
cancel my previous will.
81. DOUGLAS MALCOLM"
It was written, the coroner eX.
planned, by Lieut.. Malcolm, just be-
fore he went to the rooms of Anton
Baumberg, alias Count de Borch, to
fight out with him the possession of
the officers wife.
Then the coroner read the second
paper, a letter from Lieut.. Malcolm
to his wife as the officer left for the
bogus counts room, where he shot
him with his army automatic:
"To My Own Very Darling Dorothe
Dear God! 1t is time! Everything
points to it that this creature is the
most unspeakable blackguard ever
born. shudder to think that he
should even dare to speak to you.
simply cannot stand it any longer.
am going to thrash him until he is un-
recognizable. may shoot him if
think he has gun. expect he is too
much of cur to stand thrashing.
If the inevitable has to happen, of
course. may get it first You see,
am quite cool. If that happens-O, be-
ieve me, my little darling, my beloved
soul whom love so absolutely-be-,
lieve me, it is for you"
The coroner stopped and polished
his glasses, then put them on the 4
table and read on without them:
4 81 swear to you l love you more
than man has ever loved woman
before, and if there is anything wrong
In me 1t is because love you too,
much. You are brave woman-a
noble, honorable, upright one, with a
beautiful soul. believe in God. !
said yesterday didn't; but do, do. I
and | thank Him from the bottom Of
my heart that He sent me over from
France in time to save you from this
devil incarnate Your honor is safe,
thank God, thank God.
"GOOdbye! | love you and shall go
on loving you to eternity-forever.
know ! shall meet you in the next
world if the worst happens. When
you come to me you will come with
open arms and those beautiful eyes
shining-and you will say to me, Dug
gle, forgive you" Forever, your low {
ing husband. DOUGLAS" ,
Several times in the last paragraph !
the coroner stopped and turned and j.,
looked closely at the paper and then
went on reading.
When the coroner's jury began it's ,
deliberations Mrs. Malcolm walked un-
moved from the court room, without a
tear in her eyes or tremble on her
lips.
VI While the coroner was reading the !
verdict of "justifiable homicide in self
defense" Lieut. Malcolm was being
carraigned in Marleybone police court.
A delay until the court received the
coroner's verdict was asked and as =
1t was granted the artillery officer
arose in the dock and insisted upon Z
speaking. He was tall, we'll built,
about 81, and he swayed from side to
side as he spoke:
IT, II see published wicked and sour. l
rilous report that my wife had init d
mate relations with this man. l swear
it is false. You see, she is all alone, l.
and has no one to look after her. it ..
is false-absolutely false. Do you ..
hear me? 1t is absolutely false,
say"
e His voice was growing higher, and J.
the magistrate waved his arm hastily. !.
The lieutenant was led out of court, :
crushing his soft hat between his =
hands. q
The trial of Lieut. Malcolm in Mar !
leybone court was formulas formal
as it could be, with the sympathies of =
spectators and jury, and even of the +
court and prosecution, not to be CON-