The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-11-28
ACCUSED LORD
MAY EXERCISE
OLD PRIVILEGE
Fellows May Try Peer on
ManSIaughter in English
House.


81 NEA Service
LONDON, Nov. 28-An ancient
privilege may be exercised late this
month or early in December when
Edward SouthWell, Lord de Clifford,
is tried by his fellow lords in the
House of Lords on a charge of man
slaughter, instead of being hailed
into a criminal court like any ordi-
nary Briton
Lord de Clifford is accused of the
manslaughter Of Douglas Hopkins
on last Aug. Is, following a motor
accident which occurred on a big
road near London. When the case
was called in the Old Bailey, one Of
the London criminal courts, the
Recorder passed it up saying that
he had reported it TO the Lord
Chancellor as major charge
against a peer of the realm. The
Lord Chancellor in turn, appointed
a committee of i8 members Of the
House of Lords to consider the
proper methods of procedure in
order to bring Lord de Clifford to a
speedy trial"
StipulatiOns for Trial
Most of the members of this COM
mittee were lawyers. They reported
in favor of quick trial. 1t would be
held in the Royal Gallery in the
Houses of Parliament. The Lord
Chancellor, they recommended,
should send letter to every mem
Der of the House of Lords when the
date of the trial was fixed, acquaint-
ing him with the fact and asking
whether he intended to be present.
All the peers attending are to wear
their robes. The accused is to be
seated within the bar, with bare
head and without his robes. Every
lord, when he gives his judgment in
the case, will declare his opinion on
his honor, laying his right hand on
his breast"
There will be very few seats for
any outsiders, except counsel for
the Crown and the accused, Scotch
and Irish peers who have no seats
in the House of Lords, minor peers,
eldest sons of peers, 100 for mem
bers of the House of Commons and
80 for peeresses.
Right Dates to Ninth Century
The term ito be tried by jury
of his peers" thus has a double sig
nificanCe in the case of lord who
goes on trial and is one of the most
ancient privileges in the history of
Europe. 1t first appeared during the
reign Of Charles the Bald, Roman
Emperor and King of the West
Franks back in the ninth century.
In England it took written form in
the famous Magma Carta eXacted
from King John by his barons at
Runnymede in 1915. This docu-
ment. often called the very founda-
ton of English liberty, is held TO
have given peers a right TO be
Judged by their fellow peers of the
realm.
In the centuries that followed, 1t
was a much debated subject, some
more or less powerful kings ignoring
it when it suited their purpose. The
last modern case of the kind was IN
1901 when the then Earl Russell was
tried by the House Of Lords on
charge of bigamy.
1t is asserted that in the next
session of Parliament number OF
peers will demand formal legislation
putting an end to this kind of trial.
This, not only because 1t gives peers
a privilege other men and women
do not enjoy, but also on account OIL
the great expense. 1t is estimated
Lord de Clifford's trial will cost up
wards of $4,000 The bulk of this
will have to be borne by the tax
payers of the county OF Surrey
where the alleged offense was COM
mitted.
Accused Is Engineer
Lord de Clifford, who by profess
sion is an engineer, excited great at
tention back in 1926, when he was
only 18, when he married Miss Dolly
Merrick, daughter of the late Mrs.
hdl6 NGIIlCk. MID. NitlllOh NdS OllO
of the best-known figures in Lon
don's night life. With consider
able family Of children to bring up
and educate, she started various
night clubs and ran afoul Of the law.
The charges most often were that
she sold liquor without license or
that she sold it after permissible
hours.
On number of occasions she was
sent TO jail. Each time, afterward,
she reopened new night club.
Most of those she founded were fire.
quented by some of the best people
in the gilded life of the great city.
She made a great deal of money, in
spite of her heavy fines and legal
expenses, maintained a fine home in
the swank Regents Park district, and
gave her children good education.
Another of her daughters married
the Earl of Kinnoull, who is row
prominent in the Socialist ranks in
the House of Lords and an active
speaker for his party.