The Guardian from London, Greater London, England • 5

THE GUARDIAN Friday January 22 1965 5 Motorway operation to be repeated Success encourages police chiefs BY OUR OWN REPORTER The combined police operation which sealed of! the Ml, M10, and M45 early yesterday morning is likely to be repeated at irregular intervals to catch or deter the fast moving criminals who work between London and the Midlands. As a result of the success of yesterday's effort police chiefs of 10 forces involved are expected to approve ARMCHAIR THEATRE similar operations in future. result of many weeks of planning and some 300 men were involved. He added "We have sealed off. the motorway on previous occasions but not on such a large-scale operation.

It means we can set up this operation again at very short notice. We had reasons for choosing the early hours of the morning, but we were not acting on any precise Information. It was purely and snow on Pen-y-ghent, Yorkshire Television Audience Measurement LAW REPORT Ban on posters for 6 Cleopatra' satire Player changes plea By our Correspondent After changing his plea to guilty on an Association football conspiracy charge, the Sheffield Wednesday player David Layne (25) was remanded in custody yesterday to await sentence at Nottinghamshire Assizes. The trial then began of two English internationals, Anthony Herbert Kay, (27), of Everton and formerly Sheffield Wednesday, and Peter Swan (28), of Sheffield Wednesday, who have denied conspiring with Layne and the former Mansfield Town player James Gauld to defraud bookmakers by agreeing to ensure that Sheffield Wednesday losf to Ipswich Town on December 1, 19S3. The trial is the last of ten past and present footballers on "match fixing charges.

Six of them have admitted charges and two have been found guilty. After a -21 hour summing up yesterday by Mr Justice Lawton, a jury found former Hartlepools United vice-captain, Kenneth Gordon Thomson, of Samaria Gardens, Middlesbrough, guilty on two charges of conspiracy but not guilty on a third after a two-hour retirement They recommended leniency. 'Dismal record' Defending Thomson, Mr Graham Swanwick. QC. had said that Gauld was the "spider in the centre of the web" in which Thomson was caught He said a Sunday newspaper dangled a 500 carrot in front of his client's nose at a time when his world had crashed.

Thomson had stepped off the straight and narrow and broken an FA rule. "He was caught up quite innocently in something far bigger and used as a cat's paw by one set of clever men and for publicity by another," he said. Referring to Thomson's team, Mr Swanwick said: "What a dismal record, What a team this must have beea It was the bottom club of all the 92 in the Football League." "By March 9 1963 it had lost five matches in a row. Up to April 20 it lost 10 away matches running. And only seven out of the 30 playera on the club's list were worth keeping at the end of the season.

What chance do you think that team might have had in an away match? Is it surprising that they were the weekly 'home bankers' when they met another team away? And is it surprising that Thomson, when asked by another footballer what the chances of the team were, he said none at all? "Is it surprising Thomson thought there was really little harm In coupling a bet with his team with a bet on another team?" Thomson was remanded until Tuesday for sentence. Alleged bet In the trial of the two English Internationals, Mr Arthur James, QC, for the Director of Public Prosecutions, alleged that once. Kay and Layne, each contributed 50 to a bet and were each paid 100 winnings Swan was said to have told two reporters making investigations about fixing of matches: "I'll admit the three of us were in it but that was months ago. Whatever is going to happen to us now This could mean the end of football for all of us." The case against Swan, of Butler Road, Sheffield, and Kay, of Kendal Drive, Maghull, Liverpool, continues today. Yesterdav.

rjolice cars wait ing on 13 exit roads checked 845 vehicles during the three hours when the motorways were closed. Altogether, 300 policemen took part. The operation was planned weeks ago at a meeting between police chiefs at Northampton- rhlra nfuinHr rwnllpp hpadDUarterS. Each motorway exit yesterday was watched oy tnree squau cars, Motorists -were stopped by a "police check" notice and ques- tioned by officers who radioed headquarters if they wanted to make further checks on vehicle. Contact was maintained at the check points by walkie-talkie sets and one patrol car stood by at each checkpoint in readiness for a motorway chase.

Field dogs On the motorway itself, police vehicles linked by radio and walkie-talkie units carried dogs and handlers to catch any suspects who tried to escape by running. across the fields adjoining the motorways. Mr John Gott, the Chief Constable of Northamptonshire, who directed the operation from his headquarters, said yesterday 'At our conference we pooled Information on the hijack gangs who use the Ml as the fastest means ur cuuuiiumuauou London and the Midlands. The main thing, of course, was to organise a criminal hunt on the motorway without endangering other motorists." Before the Ml was opened in 1959, criminals operating between juonaon ana ice miaianas useu the A5 (Watling Street) and were often caught when passing through towns en route. The journey can now be made by fast car on the Ml in 100 minutes, avoiding towns.

Mr Gott said he was very pleased with the results of yesterday's operation. "I hope this will deter criminals. I am very pleased at the smoothness and efficiency with which the whole operation worked. It is the The Hothouse Sharp At Four The Pretty English Girls They Throw It At You The Girl In The Picture Always Ask For The Best You Must Be Virginia Old Soldiers Bigger demand on homes for aged and children Sunshine German boy stabbed 27 times' By our Correspondent A 15-year-old German girl ran away when a man suddenly attacked and stabbed her boy friend to death as they walked through a forest near a British Army barracks at Verden, Germany, magistrates at Chesterfield heard yesterday. Mr Doiran Williams prosecuting, said the boy, also aged 15, was stabbed 27 times with a knife or dagger and was heard by the girl to shout "you blackguard to his attackers.

Michael Copeland (26), a former Rhine Army soldier, who is accused of committing three murders, including what has been described as the Derbyshire "carbon copy" murders, yesterday faced a charge of murdering Gunthcr Helmbrecht on November 13, I960. Mr Williams referred to the provision of the 1301 Offences Against the Person Act which allowed for a British subject to be dealt with in this country for murder abroad. Copeland, he said, was stationed with the No 1 Signals Regiment at Caithness Barracks on tho outskirts of Verden. On November 13, Helmbrecht went to the cinema with his girl, Fraulein Pauline Ing Hoppe, and afterwards they walked to a hut In the forest about 150 yards from the barracks. "The girl saw a man walk slowly past, stop near a tree, and watch them.

She became frightened and they left the hut and walked back along a path. 'You blackguard' "As they walked a man drew level with Helmbrecht and without any warning ho was struck. The girl ran oil and if she had not done so she might not be coming here to give evidence. As she ran she heard Helmbrecht say something like 'you scum' or 'you blackguard The girl met four youths and told them of the attack and then called police who found Helmbrecht dead. A pathologist found he had been stabbed 27 times.

Mr Williams continued his opening statement in camera for 50 minutes and afterwards the chairman, Mr J. Mugglestone, said it was intended to hear cir- Mill worker accused of woman! murder By our Correspondent A man who is said to have shot a former woman friend and the man who is said to have sold him the gun followed each other into the dock at yesterday. Richard Terence Lathom, aged 34, a mill labourer, of Tiliotson Street, Silsden, was charged with the murder of Mrs Doreen Wass, aged 34, a canteen worker, of Willoughby Street, Leeds, on January 20 and Trevor Christopher Atkinson, aged 25, a farm labourer, of Skipton Road, Silsden, was charged with being an accessory before the fact of murder. Both were remanded in custody until January 29. Chief Inspector Arthur Benson said Doreen Wass was found shot dead a house in Leeds.

It was found that Lathom had an association with her some time ago. He took officers to where he had hidden a gun and ammunition and these were recovered Chief Inspector Benson told the Court that in a statement Atkinson had admitted selling the gun to Lathom, knowing that Lathom had said he intended to sort a bird out." an element of chance that enabled us to mane eleven arrests. Court appearance Police from the Rutland. Leicestershire, Warwickshire, Buckinghamshire. Bedfordshire, Northamptonshire, Northampton borough, Hertfordshire, Luton borough, and Metropolitan forces took part, together with men from the new regional crime squad.

Five men who appeared at a special court at St Alban's, Hertfordshire, yesterday following police activity on the Ml, were charged with unlawful possession ntr a nnntitir nf nnnnor ujiri nYr1 custov until Januarv 28. They were George Ernest Robins (25) of no fixed address IJerek JjnnK-water (39) of Romford: Frederick George Shipton (35) of Ilford John Keith Smith (25) at no fixer! address and Alan John Searle (35) of Romford, oetective Constable Geoffrey Thompson, stationed at Watford, said he stopped a lorry at an entrance to the M10 at 3 a.m. and asked Robins, the driver, where the copper wire came from. Robins replied A geezer I do not know asked me to go up the road and get it from a lorry tnat had broken down. An application by the men for bail was refused.

Detective Inspector Arnold Blacker, opposing bail, said In addition to the vehicle we shall, In due course trace where this property had been taken from and further charges will be preferred. One of the men will be charged with an offence under the Explosives Act" The court made an order that Robins should have his fingerprints taken. Reporter 82 children under 18 and one in 44 old people are being looked after by welfare services Of the children in care, 55 per cent were, boarded out at an average cost of 2 lis 7d a week for each child. The cost for those in residential homes was 10 14s lid. One reason for the big difference in cost is that space has always to be kept in residential homes for children who might have to be taken in at short notice.

The average weekly cost of a place in an old people's home was 7 15s 2d. London problem Temporary accommodation had to be provided on average for 10,000 people. The most serious problem was in the London County Council area. Although it contains only 7 per cent of the total population, it had to provide 50 per cent of the temporary accommodation needed last year. The net costs of the two services met from rates and grants last year were children's, 26.1 millions; old people's, 35 4 millions.

This was equal to Is 6d a week for the average domestic ratepayer. Scientific panel to advise Ministry The Minister of Agriculture, Mr Fred Peart, has announced, in a written reply to Lady Megan Lloyd George (Lab. Carmarthen) that Professor A. C. Frazer, of Birmingham University, is to be chairman of a scientific advisory panel to advise the Ministry of Agriculture, Fisheries, and Food on scientific aspects of any questions affecting the activities of the department.

The panel will consist of Professor T. A. JJennct-Clnrk, Professor of Biology and Dean of the School of Biological Studies, University of East Anglla. Professor E. B.

Chain, Professor of Biochemistry, University of London at Imperial College. Professor M. McG. Cooper, Dean of Agriculture and Professor of Agriculture and Rural Economy, University of Newcastle. Professor O.

W. Richards, Professor of Zoology and Applied Entomology, Imperial College, London, and Sir John Kitctiic, at present chief veterinary officer. Ministry of Agriculture, but shortly reining to become Principal and Dean of the Koyal Veterinary College, London. Edward Anderson to appeal Edward Anderson (32), car salesman, of Orchard Drive, Hyflcel, Surrey, who was sentenced to two years' imprisonment at the Old Bailey on January 11 for conspiracy in the yacht Christine case, is to appeal, his solicitors said yesterday. Anderson was found guilty with Ronald Verner of conspiring together and with Dennis Bassett to defraud an insurance company of 150,000.

and would use costers which reproduced their painting, the only material difference being the identity of the figures. They said that toe defendants' Doster was a flagrant breach of their copyright and a destruction ol tneir own advertising, destroying the impact of their posters. The first question was whether the plaintiffs, as owners oi uie coDvrieht. had made out a Drima facie case of infringement Under the Copyright Act, 195C, the court must consider wnetner tne aeien-dants had reproduced a substantial part of the work in a material form. Evidence as to the manner in which the defendants' poster came to be nroduced had been set out in two affidavits: one by a com mercial artist wno saia mat ne had in mind the general form of the Doster for Cleooatra when he designed it Another by the leader of the team ol commercial artists which produced the poster stating that, since "Carry on Cleo" was a parody of Cleopatra, he thought it would be a good idea if the poster was aiso a paroay.

Counsel for the defendants was prepared to accept the definition ot lmnngemeni oi copyrigiiL ibiu down by Mr Justice Kekewich in Hanfstaengl v. W. H. Smith and Son Lid A copy is that which conies so near to the original as to suggest that original to the mind of every person seeing it." In the case of a poster for advertising purposes, tne matter must be judged from the point of view of the man in the street, and on tho basis of a quick look rathm- than meticulous examina tion. It was a matter of first impression, and in spite of tne differences between the two posters, on the evidence of his (Mr Justice Plowman's) own eyes the defendants' poster did suggest the original.

Therefore, the plaintiffs had established a prima facie case of infringement Proof impossible The Judge then considered whether or not an injunction should be granted. In his opinion, unless the plaintiffs were granted an injunction by the time their film was generally released, they would suffer considerable damage. It would be impossible to award compensation by way of damages because they would never be able to prove what harm the defendants' poster had in fact done. On the other hand, any injury to the defendants by granting an injunction would be reparable by damages, and other publicity might be equally effective In luring Jieople into cinemas to see their Urn. Therefore, the balance of convenience lay in favour of granting an injunction.

It had been finally argued on behalf of the defendants that there had been delay by the plaintiffs in launching the motion. The Plain; tiffs first knew of the defendants poster when a copy of it appeared on the front page of the "Dally Cinema" published on December 11, 1964, and knew that general release was due on January 17, 1965. Nevertheless, they had done nothing until one week ago. The judge considered that there had not been undue delay by the plaintiffs. First of all they were not an English company and many inquiries had to he made in the United Slates before proceedings were begun.

Furthermore, the present was not a case where the defendants could be supposed to have been taken by surprise. They deliberately set out to parody the poster and therefore took a calculated risk. If they were not ready for what Had happened, and had not got alternative publicity material ready, it was entirely their own fault By the time tho South London rcalease was due the defendants would have had 12 days from the date of notice of motion to prepare for alternative material in case an injunction should be granted. In his opinion, there had been no delay on the part of the plaintiffs of which the defendants might complain and therefore an injunction would be granted. Sir Andrew Clark QC, and Ixonard Lewis (instructed by Crawley and do Reya) appeared for the plaintiffs Quinlin Hogg, QC, and Maurice Drake (instructed by Denlon Hall and Burgin) appeared for the defendants.

University news OKl'OItf) The following elections have been made Magdalen To an official fellowship as tutor in law J. D. l'eltham. University of Melbourne and Magdalen. St John's: To Casbcrd chibi tion 15.

G. W. Anderson formerly of Wtrodhousc Grammar School J. B. Paul formerly of Wrekin College (Pl'E).

M. Joplin formcrlv of Latymer Upper School (English). Komcrvlllc: To an nflicial fellowship: Mrs Evelyn C. Hoaf, university ami college lecturer in Italian To an iilIU-ul fellowship Mrs Ka Richards, college lecturer in chcmistiv To a tutorship classics: Nun V. lHmbjr.

VNOASTKlt The appeal tor 12 millions marie In November had reached in subscriptions or promises jt the end of last week l)r II. Henslock, senior Icclurcr in the department of mathematics, has been given the til 1c of Reader. CHANCERY DIVISION TWENTIETH CENTURY FOX FILM CORPORATION v. ANGLO AMALGAMATED FILM DISTRIBUTORS LTD AND WARNER-PATHE DISTRIBUTORS LTD. Bejore Mr Justice Plowman Any question of infringement of copyright of a poster must be judged from the point of view of the man in the street and on the basis of a quick look rather than a meticulous examination.

The Court awarded an injunction to Twentieth Century Fox Film Corporation restraining the defendants from displaying any reproduction I of a painting by Mr Howard iTerpning used to advertise the film Cleopatra." The Injunction would stand until judgment in the action or until a further order was made. No reproduction of the painting, or any substantial part thereof, in the form ol posters or illustrations or advertising in the press or otherwise was to be made without licence of the plaintiffs. The plaintiff company, 20th Century Fox, is an American one, incorporated In Delaware, and the defendants, Anglo-American Film Distributors and Warner-Pathe Distributors, are producers and distributors of films. Mr Justice Plowman, giving Judgment, said that the present appli-cation was a motion and not the trial of the action and any views expressed by him concerning an infringement were only provisional and were directed only to the question whether the plaintiffs had established a prima facie case entitling them to relief. Revised version Two years ago the plaintiff company, at great expense, produced the film "Cleopatra." To advertise the film, they embarked on an extensive publicity campaign and in January, 1963, employed Mr Terpning, an American, to paint a scene from the film depicUng Cleopatra in tho person of Elizabeth Taylor and Mark Anthony in the person of Richard Burton.

The world copyright was to belong to the plaintiffs. Some time later Rex Harrison (as Julius Caesar) thought that he was not getting the publicity to which he was entitled and a revised picture was made to the exclusion of the original and was the only version used in England. For the purposes of the present motion, it had not been disputed that the copyright for the picture was vested in the plaintiff company. The film "Cleopatra" had had its first showing on July 31, 1963, at the Dominion Cinema, London, and had been showing ever since. A large reproduction of the picture was affixed to the outside of the cinema and smaller reproductions of It appeared on posters.

The film was also showing at other cinemas on a road show distribution," and the poster had been used in connection with publicity. The film as due to be generally released in the autumn. The defendants had recently produced and presented a film called "Carry on Cleo" a parody of the plaintiffs' film. In that film the part of Cleopatra was played by Amanda Barrie, Mark Antony by Sidney and Julius Caesar by Kenneth Williams. It was first shown on December, 11, 1904.

at the Warner Cinema, London, and also at certain other selected cinemas at Leicester and Southend where the plaintiffs' film was also shotting. General release of "Carry on Cleo was on January 17, 1965, in North London, January 24 in South London, and after that in 1.400 to 1,500 cinemas throughout Die country. It was important to note that the Reneral release of the defendants' film would precede that of the plaintiffs. The plaintiffs' case in the present motion was that for tho purposes of advertising their film "Carry on Cleo" the defendants had used tho decision of the court and similar matters. The committee did not recommend that committal proceedings should normally be held in private.

In fact, it i-tressed the formidable obections to this practice. It suggested that the present general discretion given to examining magistrates to sit in camera should be replaced by a new statutory power limited to those cases, or "parts of cases, where justice would not be served it the proceedings were held public. The use of statutory declarations and draft depositions was recommended by the Byrne Committee in 1H49, as a means of sawng tune at committal proceedings without impeding the proper administration ol" justice. It was suggested that the statutory declaration procedure should be used at the discretion of the prosecution if legally represented, but, the accused was to he allowed to demand the presence of a I witness if he wished. By our own Demands on local authorities' welfare" services for children and old people increased last year, according to figures published today by the Institute of Municipal Treasurers and Accountants and the Society of County On average, during the year which ended in March, local authorities had 65,029 children in their care, and 92,654 cid people In their welfare homes, increases of 2,114 and 2,855 respectively on 1962-3.

The figures mean that in England and Wales one in every 200 children under 18 and one in every 61 people over 65 are being cared for by local authorities. In London one in every PROGRESS irt FLOOR CLEANING I I I PROGRESS (UNIVERSAL) LIMITED! ALDCRSHOT HANTS Ttl JHNftStiOT I IS YOUR JOURNEY REALLY I NECESSARY Don't waste fares, 1 petrol, time, i shoe leather. It's cheaper tofindoutfirst by telephone. 11 phone callA CANSAVEyoul jg Momy Something To Declare The Cherry On The Top 4 Admirer At Number Eight Last Word On Julie MsT A Nice Little Business LbSImmmm Order sought in perjury prosecution George Wisbey, brother of one of the men serving 30 years for taking part in the Great Train Robbery, applied in the High Court yesterday for an order of prohibition in connection with a private perjury prosecution he is bringing against John Maris. Mr Wisbey sought to ban Aylesbury magistrates from handing to Mr JIaris's lawyers a statement he had sworn in support of the charge.

Mr Maris, former cowman, now living at Dickens Close, Quainton, near Aylesbury, gave the police information which led them to Leatherslade Farm, the robbers' hideout. After being shown copies of the statement. Lord Parker (the Lord Chief Justice) said it was eminently reasonable that all particulars of the charge should be shown to the defence. Told by Mr F. Ashe Lincoln, QC, for Mr Wisbey, that particulars could be given to the defence this morning, Lord Parker adjourned the application until noon today.

A full hearing is due to begin before Aylesbury magistrates on Thursday. Mr Wisbey alleges that Mr Maris committed perjury during the train robbery trial. At a previous hearing Jlr Edward Gardner, QC. for Mr Mans, stated that Mr Maris was an innocent man, in the dark about the nature of the alleged offence. Safety device for portable oil heaters A safety device for portable oil heaters which it is claimed will extinguish the burner flame if the heater is overturned, lifted or tilted more than 15 degrees has been produced by the Valor Company.

A spokesman for Valor said eterdjy that when the device was fitted to heaters it would certainly make them safer. He said that inot trouble on oii heaters was caused by inadequate maintenance: People do not treat oil heaters with the same circumspection as electric heaters The device will not be applied to Valor drip-feed heaters, but heaters with the device should be available from September. Reports of court hearings to be restricted By our Political Staff The Government has decided that newspaper reports of com-mital proceedings in magistrates' courts should be restricted. It has also decided that the use of statutory declarations instead of oral testimony, and of draft depositions as evidence in chief, should be allowed in such proceedings. Sir Frank Soskiee, the Home Secretary, who announced this in reply to a ijucslion in the Commons said that legislation giving effect to the decisions would be introduced in due course.

Restrictions on newspaper reports will fol'iow those recommended by tho Tucker Committee in 1953. Unless the accused is discharged, or until Hie trial has ended, any report of committal proceedings will he restricted to particulars of the name of the accused, the charge, Since ABC Television began in 1956 Drama has been the backbone of its programme policy. Armchair Theatre was the pioneer single play series and today it is more dominant than ever. mm.