Part III.

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MYSTERIES OF POLICE

AND CRIME

[Illustration: WATCH HOUSE AND WATCHMEN A CENTURY AGO.

(_From a Contemporary Print by Rowlandson and Pugin._)]

MYSTERIES

OF

POLICE AND CRIME

BY

MAJOR ARTHUR GRIFFITHS

FORMERLY ONE OF H.M. INSPECTORS OF PRISONS; JOHN HOWARD GOLD

MEDALLIST; AUTHOR OF "MEMORIALS OF MILLBANK," "CHRONICLES OF

NEWGATE," ETC.

_PROFUSELY ILLUSTRATED_

IN THREE VOLUMES

VOL. I.

SPECIAL EDITION

CASSELL AND COMPANY, LIMITED

_LONDON, PARIS, NEW YORK & MELBOURNE_

ALL RIGHTS RESERVED

[Illustration]

CONTENTS.

Part I.

A GENERAL SURVEY OF CRIME AND ITS DETECTION.

.....PAGE

Crime Distinguished from Law-breaking--The General Liability to

Crime--Preventive Agencies--Plan of the Work--Different Types of Murders

and Robberies--Crime Developed by Civilisation--The Police the Shield

and Buckler of Society--Difficulty of Disappearing under Modern

Conditions--The Press an Aid to the Police: the Cases of Courvoisier,

Müller, and Lefroy--The Importance of Small Clues--"Man Measurement" and

Finger-Prints--Strong Scents as Clues--Victims of Blind Chance: the

Cases of Troppmann and Peace--Superstitions of Criminals--Dogs and other

Animals as Adjuncts to the Police--Australian Blacks as Trackers:

Instances of their Almost Superhuman Skill--How Criminals give

themselves Away: the Murder of M. Delahache, the Stepney Murder, and

other Instances--Cases in which there is Strong but not Sufficient

Evidence: the Great Coram Street and Burdell Murders: the Probable

Identity of "Jack the Ripper"--Undiscovered Murders: the Rupprecht, Mary

Rogers, Nathan, and other Cases: Similar Cases in India: the Button

Crescent Murder: the Murder of Lieutenant Roper--The Balance in Favour

of the Police.....1

Part II.

JUDICIAL ERRORS.

CHAPTER I.

WRONGFUL CONVICTIONS.

Judge Cambo, of Malta--The D'Anglades--The Murder of Lady

Mazel--Execution of William Shaw for the Murder of his Daughter--The

Sailmaker of Deal and the alleged Murder of a Boatswain--Brunell, the

Innkeeper--Du Moulin, the Victim of a Gang of Coiners--The Famous Calas

Case at Toulouse--Gross Perversion of Justice at Nuremberg--The Blue

Dragoon.....51

CHAPTER II.

CASES OF DISPUTED OR MISTAKEN IDENTITY.

Lesurques and the Robbery of the Lyons Mail--The Champignelles

Mystery--Judge Garrow's Story--An Imposition practised at York

Assizes--A Husband claimed by Two Wives--A Milwaukee Mystery--A

Scottish Case--The Kingswood Rectory Murder--The Cannon Street Murder--A

Narrow Escape.....95

CHAPTER III.

PROBLEMATICAL ERRORS.

Captain Donellan and the Poisoning of Sir Theodosius Boughton:

Donellan's Suspicious Conduct: Evidence of John Hunter, the great

Surgeon: Sir James Stephen's View: Corroborative Story from his

Father--The Lafarge Case: Madame Lafarge and the Cakes: Doctors differ

as to Presence of Arsenic in the Remains: Possible Guilt of Denis

Barbier: Madame Lafarge's Condemnation: Pardoned by Napoleon

III.--Charge against Madame Lafarge of stealing a School Friend's

Jewels: Her Defence: Conviction--Madeleine Smith charged with Poisoning

her _Fiancé_: "Not Proven": the Latest Facts--The Wharton-Ketchum Case

in Baltimore, U.S.A.--The Story of the Perrys.....129

CHAPTER IV.

POLICE MISTAKES.

The Saffron Hill Murder: Narrow Escape of Pellizioni: Two Men in Newgate

for the same Offence--The Murder of Constable Cock--The Edlingham

Burglary: Arrest, Trial, and Conviction of Brannagan and Murphy:

Severity of Judge Manisty: A new Trial: Brannagan and Murphy Pardoned

and Compensated: Survivors of the Police Prosecutors put on their Trial,

but Acquitted--Lord Cochrane's Case: His Tardy Rehabilitation.....169

Part III.

POLICE--PAST AND PRESENT.

CHAPTER V.

EARLY POLICE: FRANCE.

Origin of Police--Definitions--First Police in France--Charles V.--Louis

XIV.--The Lieutenant-General of Police: His Functions and Powers--La

Reynie: His Energetic Measures against Crime: As a Censor of the Press:

His Steps to Check Gambling and Cheating at Games of Chance--La Reynie's

Successors: the D'Argensons, Hérault, D'Ombréval, Berryer--The Famous de

Sartines--Two Instances of his Omniscience--Lenoir and Espionage--De

Crosne, the last and most feeble Lieutenant-General of Police--The Story

of the Bookseller Blaziot--Police under the Directory and the

Empire--Fouché: His Beginnings and First Chances: A Born Police Officer:

His Rise and Fall--General Savary: His Character: How he organised his

Service of Spies: His humiliating Failure in the Conspiracy of General

Malet--Fouché's return to Power: Some Views of his Character.....191

CHAPTER VI.

EARLY POLICE (_continued_): ENGLAND.

Early Police in England--Edward I.'s Act--Elizabeth's Act for

Westminster--Acts of George II. and George III.--State of London towards

the End of the Eighteenth Century--Gambling and Lottery

Offices--Robberies on the River Thames--Receivers--Coiners--The

Fieldings as Magistrates--The Horse Patrol--Bow Street and its Runners:

Townsend, Vickery, and others--Blood Money--Tyburn Tickets--Negotiations

with Thieves to recover stolen Property--Sayer--George Ruthven--Serjeant

Ballantine on the Bow Street Runners compared with modern

Detectives.....219

CHAPTER VII.

MODERN POLICE: LONDON.

The "New Police" introduced by Peel--The System supported by the Duke of

Wellington--Opposition from the Vestries--Brief Account of the

Metropolitan Police: Its Uses and Services--The River Police--The City

Police--Extra Police Services--The Provincial Police.....246

CHAPTER VIII.

MODERN POLICE (_continued_): PARIS.

The Spy System under the Second Empire--The Manufacture of

_Dossiers_--M. Andrieux receives his own on being appointed Prefect--The

Clerical Police of Paris--The _Sergents de Ville_--The Six Central

Brigades--The Cabmen of Paris, and how they are kept in Order--Stories

of Honest and of Dishonest Cabmen--Detectives and Spies--Newspaper

Attacks upon the Police--Their General Character.....258

CHAPTER IX.

MODERN POLICE (_continued_): NEW YORK.

Greater New York--Despotic Position of the Mayor--Constitution of the

Police Force--Dr. Parkhurst's Indictment--The Lexow Commission and its

Report--Police Abuses: Blackmail, Brutality, Collusion with Criminals,

Electoral Corruption, the Sale of Appointments and Promotions--Excellence

of the Detective Bureau--The Black Museum of New York--The

Identification Department--Effective Control of Crime.....268

CHAPTER X.

MODERN POLICE (_continued_): RUSSIA.

Mr. Sala's Indictment of the Russian Police--Their Wide-reaching

Functions--Instances of Police Stupidity--Why Sala Avoided the

Police--Von H---- and his Spoons--Herr Jerrmann's Experiences--Perovsky,

the Reforming Minister of the Interior--The Regular Police--A Rural

Policeman's Visit to a Peasant's House--The State Police--The Third

Section--Attacks upon Generals Mezentzoff and Drenteln--The "Paris Box

of Pills"--Sympathisers with Nihilism: An Invaluable Ally--Leroy

Beaulieu on the Police of Russia--Its Ignorance and Inadequate Pay--The

Case of Vera Zassoulich--The Passport System: How it is Evaded and

Abused: Its Oppressiveness.....288

CHAPTER XI.

MODERN POLICE (_continued_): INDIA.

The New System Compared with the Old--Early Difficulties Gradually

Overcome--The Village Police in India--Discreditable Methods under the

Old System--Torture, Judicial and Extra-Judicial--Native Dislike of

Police Proceedings--Cases of Men Confessing to Crimes of which they were

Innocent--A Mysterious Case of Theft--Trumped-up Charges of

Murder--Simulating Suicide--An Infallible Test of Death--The Paternal

Duties of the Police--The Native Policeman Badly Paid.....312

CHAPTER XII.

THE DETECTIVE, AND WHAT HE HAS DONE.

The Detective in Fiction and in Fact--Early Detection--Case of Lady

Ivy--Thomas Chandler--Mackoull, and how he was run down by a Scots

Solicitor--Vidocq: his Early Life, Police Services, and End--French

Detectives generally--Amicable Relations between French and English

Detectives.....330

CHAPTER XIII.

ENGLISH AND AMERICAN DETECTIVES.

English Detectives--Early Prejudices against them Lived Down--The late

Mr. Williamson--Inspector Melville--Sir C. Howard Vincent--Dr.

Anderson--Mr. Macnaghten--Mr. McWilliam and the Detectives of the City

Police--A Country Detective's Experiences--Allan Pinkerton's first Essay

in Detection--The Private Inquiry Agent and the Lengths to which he will

go.....364

Part IV.

CAPTAINS OF CRIME.

CHAPTER XIV.

SOME FAMOUS SWINDLERS.

Recurrence of Criminal Types--Heredity and Congenital Instinct--The

Jukes and other Families of Criminals--John Hatfield--Anthelme Collet's

Amazing Career of Fraud--The Story of Pierre Cognard: Count Pontis de

St. Hélène: Recognised by an old Convict Comrade: Sent to the Galleys

for Life--Major Semple: His many Vicissitudes in Foreign Armies: Thief

and Begging-Letter Writer: Transported to Botany Bay.....387

CHAPTER XV.

SWINDLERS OF MORE MODERN TYPE.

Richard Coster--Sheridan, the American Bank Thief--Jack Canter--The

Frenchman Allmayer, a typical Nineteenth Century Swindler--Paraf--The

Tammany Frauds--Burton, _alias_ Count von Havard--Dr. Vivian, a bogus

Millionaire Bridegroom--Mock Clergymen: Dr. Berrington: Dr.

Keatinge--Harry Benson, a Prince of Swindlers: The Scotland Yard

Detectives suborned: Benson's Adventures after his Release: Commits

Suicide in the Tombs Prison--Max Shinburn and his Feats.....409

CHAPTER XVI.

SOME FEMALE CRIMINALS.

Criminal Women Worse than Criminal Men--Bell Star--Comtesse

Sandor--Mother M----, the Famous Female Receiver of Stolen Goods--The

"German Princess"--Jenny Diver--The Baroness de Menckwitz--Emily

Lawrence--Louisa Miles--Mrs. Gordon-Baillie: Her Dashing Career: Becomes

Mrs. Percival Frost: the Crofters' Friend: Triumphal Visit to the

Antipodes: Extensive Frauds on Tradesmen: Sentenced to Penal

Servitude--A Viennese Impostor--Big Bertha, the "Confidence

Queen".....447

[Illustration: MYSTERIES OF POLICE AND CRIME]

Part I.

A GENERAL SURVEY OF CRIME AND ITS DETECTION.

Crime Distinguished from Law-breaking--The General Liability to

Crime--Preventive Agencies--Plan of the Work--Different Types of

Murders and Robberies--Crime Developed by Civilisation--The Police

the Shield and Buckler of Society--Difficulty of Disappearing under

Modern Conditions--The Press an Aid to the Police: the Cases of

Courvoisier, Müller, and Lefroy--The Importance of Small

Clues--"Man Measurement" and Finger-Prints--Strong Scents as

Clues--Victims of Blind Chance: the Cases of Troppmann and

Peace--Superstitions of Criminals--Dogs and other Animals as

Adjuncts to the Police--Australian Blacks as Trackers: Instances of

their Almost Superhuman Skill--How Criminals give themselves Away:

the Murder of M. Delahache, the Stepney Murder, and other

Instances--Cases in which there is Strong but not Sufficient

Evidence: the Burdell and Various Other Murders: the Probable

Identity of "Jack the Ripper"--Undiscovered Murders: the Rupprecht,

Mary Rogers, Nathan, and other Cases: Similar Cases in India: the

Burton Crescent Murder: the Murder of Lieutenant Roper--The Balance

in Favour of the Police.

I.--THE CAUSES OF CRIME.

Crime is the transgression by individuals of rules made by the

community. Wrong-doing may be either intentional or accidental--a wilful

revolt against law, or a lapse through ignorance of it. Both are

punishable by all codes alike, but the latter is not necessarily a

crime. To constitute a really criminal act the offence must be wilful,

perverse, malicious; the offender then becomes the general enemy, to be

combated by all good citizens, through their chosen defenders, the

police. This warfare has existed from the earliest times; it is in

constant progress around us to-day, and it will continue to be waged

until the advent of that Millennium in which there is to be no more evil

passion to agitate mankind.

[Illustration: TYPES OF MALE CRIMINALS.

(_From Photographs preserved at the Black Museum, New Scotland Yard._)]

It may be said that society itself creates the crimes that most beset

it. If the good things of life were more evenly distributed, if everyone

had his rights, if there were no injustice, no oppression, there would

be no attempts to readjust an unequal balance by violent or flagitious

means. There is some force in this, but it is very far from covering the

whole ground, and it cannot excuse many forms of crime. Crime, indeed,

is the birthmark of humanity, a fatal inheritance known to the

theologians as original sin. Crime, then, must be constantly present in

the community, and every son of Adam may, under certain conditions, be

drawn into it. To paraphrase a great saying, some achieve crime, some

have it thrust upon them; but most of us (we may make the statement

without subscribing to all the doctrines of the criminal

anthropologists) are born to crime. The assertion is as old as the

hills; it was echoed in the fervent cry of pious John Bradford when he

pointed to the man led out to execution, "There goes John Bradford but

for the grace of God!"

Criminals are manufactured both by social cross-purposes and by the

domestic neglect which fosters the first fatal predisposition.

"Assuredly external factors and circumstances count for much in the

causation of crime," says Maudsley. The preventive agencies are all the

more necessary where heredity emphasises the universal natural tendency.

The taint of crime is all the more potent in those whose parentage is

evil. The germ is far more likely to flourish into baleful vitality if

planted by congenital depravity. This is constantly seen with the

offspring of criminals. But it is equally certain that the poison may be

eradicated, the evil stamped out, if better influences supervene

betimes. Even the most ardent supporters of the theory of the "born

criminal" admit that this, as some think, imaginary monster, although

possessing all the fatal characteristics, does not necessarily commit

crime. The bias may be checked; it may lie latent through life unless

called into activity by certain unexpected conditions of time and

chance. An ingenious refinement of the old adage, "Opportunity makes the

thief," has been invented by an Italian scientist, Baron Garofalo, who

declares that "opportunity only reveals the thief"; it does not create

the predisposition, the latent thievish spirit.

[Illustration: TYPES OF FEMALE CRIMINALS].

(_From Photographs at the Black Museum._)]

However it may originate, there is still little doubt of the

universality, the perennial activity of crime. We may accept the

unpleasant fact without theorising further as to the genesis of crime. I

propose in these pages to take criminals as I find them; to accept crime

as an actual fact, and in its multiform manifestations; to deal with its

commission, the motives that have caused it, the methods by which it has

been perpetrated, the steps taken--sometimes extraordinarily ingenious

and astute, sometimes foolishly forgetful and ineffective--to conceal

the deed and throw the pursuers off the scent; on the other hand, I

shall set forth in some detail the agencies employed for detection and

exposure. The subject is comprehensive, the amount of material available

is colossal, almost overwhelming.

Every country, civilised and uncivilised, the whole world at large in

all ages, has been cursed with crime. To deal with but a fractional part

of the evil deeds that have disgraced humanity would fill endless

volumes; where "envy, hatred, and malice, and all uncharitableness" have

so often impelled those of weak moral sense to yield to their criminal

instincts, a full catalogue would be impossible. It must be remembered

that crime is ever active in seeking new outlets, always keen to adopt

new methods of execution; the ingenuity of criminals is infinite, their

patient inventiveness is only equalled by their reckless audacity. They

will take life without a moment's hesitation, and often for a miserably

small gain; will prepare great coups a year or more in advance and wait

still longer for the propitious moment to strike home; will employ

address and great brain power, show fine resource in organisation, the

faculty of leadership, and readiness to obey; will utilise much

technical skill; will assume strange disguises and play many different

parts, all in the prosecution of their nefarious schemes or in escaping

penalties after the deed is done.

With material so abundant, so varied and complicated, it will be

necessary to use some discretion, to follow certain clearly defined

lines of choice. I propose in these pages to adopt the principle

embodied in the title and to deal more particularly with the "mysteries"

of crime and its incomplete, partial, or complete detection; with

offences not immediately brought home to their perpetrators; offences

prepared in secret, committed by offenders who have long remained

perhaps entirely unknown, but who have sometimes met with their true

deserts; offences that have in consequence exercised the ingenuity of

pursuers, showing the highest development of the game of hide-and-seek,

where the hunt is man, where one side fights for life and liberty,

immunity from well-merited reprisals, the other is armed with authority

to capture the human beast of prey. The flights and vicissitudes of

criminals with the police at their heels make up a chronicle of moving,

hair-breadth adventure unsurpassed by books of travel and sport.

Typical cases only can be taken, in number according to their

[Illustration: CRIMINALS' WEAPONS: REVOLVERS, KNUCKLE DUSTERS, AND LIFE

PRESERVERS IN THE BLACK MUSEUM.

_Photo: Cassell & Company, Limited._]

relative interest and importance, but all more or less illustrating and

embracing the hydra-headed varieties of crime. We shall see murders most

foul, committed under the strangest conditions; brutal and ferocious

attacks, followed by the most cold-blooded callousness in disposing of

the evidences of the crime. In some cases a man will kill, as Garofalo

puts it, "for money and possessions, to succeed to property, to be rid

of one wife through hatred of her or to marry another, to remove an

inconvenient witness, to avenge a wrong, to show his skill or his hatred

and revolt against authority." This class of criminal was well

exemplified by the French murderer Lacenaire, who boasted that he would

kill a man as coolly as he would drink a glass of wine. They are the

deliberate murderers, who kill of malice aforethought and in cold blood.

There will be slow, secret poisonings, often producing confusion and

difference of opinion among the most distinguished scientists;

successful associations of thieves and rogues, with ledgers and bank

balances, and regularly audited accounts; secret societies, some formed

for purely flagitious ends, with commerce and capitalists for their

quarry; others for alleged political purposes, but working with fire and

sword, using the forces of anarchy and disorder against all established

government.

The desire to acquire wealth and possessions easily, or at least without

regular, honest exertion, has ever been a fruitful source of crime. The

depredators, whose name is legion, the birds of prey ever on the alert

to batten upon the property of others, have flourished always, in all

ages and climes, often unchecked or with long impunity. Their methods

have varied almost indefinitely with their surroundings and

opportunities. Now they have merely used violence and brute force,

singly or in associated numbers, by open attack on highway and byway, on

road, river, railway, or deep sea; now they have got at their quarry by

consummate patience and ingenuity, plotting, planning, undermining or

overcoming the strongest safeguards, the most vigilant precautions.

Robbery has been practised in every conceivable form: by piracy, the

bold adventure of the sea-rover flying his black flag in the face of the

world; by brigandage in new or distracted communities, imperfectly

protected by the law; by daring outrage upon the travelling public, as

in the case of highwaymen, bushrangers, "holders-up" of trains; by the

forcible entry of premises or the breaking down of defences designed

against attack--by burglary in banks and houses, "winning" through the

iron walls of safes and strong-rooms, so as to reach the treasure

within, whether gold or securities or precious stones; by robberies from

the person, daring garrotte robberies, dexterous neat-handed pilfering,

pocket-picking, counter-snatching; by insinuating approaches to

simple-minded folk, and the astute, endlessly multiplied application of

the time-honoured Confidence Trick.

Crime has been greatly developed by civilisation, by the numerous

processes invented to add to the comforts and conveniences in the

business of daily life. The adoption of a circulating medium was soon

followed by the production of spurious money, the hundred and one

devices for forging notes, manufacturing coin, and clipping, sweating,

and misusing that made of precious metals. The extension of banks, of

credit, of financial transactions on paper, has encouraged the trade of

the forger and fabricator, whose misdeeds, aimed against monetary values

of all kinds, cover an extraordinarily wide range. The gigantic

accumulation no less than the general diffusion of wealth, with the

variety of operations that accompany its profitable manipulation, has

offered temptations irresistibly strong to evil-or weak-minded people,

who seem to see chances of aggrandisement, or of escape from pressing

embarrassments, with the strong hope always of replacing abstractions,

rectifying defalcations, or altogether evading detection. Less criminal,

perhaps, but not less reprehensible, than the deliberately planned

colossal frauds of a Robson, a Redpath, or a Sadleir are the victims of

adverse circumstances, the Strahans, Dean-Pauls, Fauntleroys, who

succeeded to bankrupt businesses and sought to cover up insolvency with

a fight, a losing fight, against misfortune, resorting to nefarious

practices, wholesale forgery, absolute misappropriation, and

unpardonable breaches of trust.

Between the "high flyers," the artists in crime, and the lesser fry, the

rogues, swindlers, and fraudulent impostors, it is only a question of

degree. These last-named, too, have in many instances swept up great

gains. The class of adventurer is nearly limitless; it embraces many

types, often original in character and in their criminal methods, clever

knaves possessed of useful qualities--indeed, of natural gifts that

might have led them to assured fortune had they but chosen the straight

path and followed it patiently. We shall see with what infinite labour a

scheme of imposture has been built up and maintained, how nearly

impossible it was to combat the fraud, how readily the swindler will

avail himself of the latest inventions, the telegraph and the telephone,

of chemical appliances, of photography in counterfeiting signatures or

preparing banknote plates, ere long, perchance, of the Röntgen rays. We

shall find the most elaborate and cleverly designed attacks on great

banking corporations, whether by open force or insidious methods of

forgery and falsification, attacks upon the vast stores of valuables

that luxury keeps at hand in jewellers' safes and shop fronts, and on

the dressing-tables of great dames. Crime can always command talent,

industry also, albeit laziness is ingrained in the criminal class. The

desire to win wealth easily, to grow suddenly rich by appropriating the

possessions or the earnings of others, is no doubt a strong incitement

to crime; yet the depredator who will not work steadily at any honest

occupation will give infinite time and pains to compass his criminal

ends.

[Illustration: REDUCED FAC-SIMILE OF PART OF FRONT PAGE OF THE FIRST

NUMBER OF THE "POLICE GAZETTE" (p. 13).]

II.--THE HUNTERS AND THE HUNTED.

Society, weak, gullible, and defenceless, handicapped by a thousand

conventions, would soon be devoured alive by its greedy parasites: but

happily it has devised the shield and buckler of the police; not an

entirely effective protector, perhaps, but earnest, devoted,

unhesitating in the performance of its duties. The finer achievements of

eminent police officers are as striking as the exploits of the enemies

they continually pursue. In the endless warfare success inclines now to

this side, now to that; but the forces of law and order have generally

the preponderance in the end. Infinite pains, unwearied patience,

abounding wit, sharp-edged intuition, promptitude in seizing the vaguest

shadow of a clue, unerring sagacity in clinging to it and following it

up to the end--these qualities make constantly in favour of the police.

The fugitive is often equally alert, no less gifted, no less astute;

his crime has often been cleverly planned so as to leave few, if any,

traces easily or immediately apparent, but he is constantly overmatched,

and the game will in consequence go against him. Now and again, no doubt

he is inexplicably stupid and shortsighted, and will run his head

straight into the noose. Yet the hunters are not always free from the

same fault; they will show blindness, will overrun their quarry,

sometimes indeed open a door for escape.

In measuring the means and the comparative advantages of the opponents,

of hunted and hunters, it is generally believed that the police have

much the best of it. The machinery, the organisation of modern life,

favours the pursuers. The world's "shrinkage," the facilities for

travel, the narrowing of neutral ground, of secure sanctuary for the

fugitive, the universal, almost immediate, publicity that waits on

startling crimes--all these are against the criminal. Electricity is his

worst and bitterest foe, and next to it rank the post and the Press.

Flight is checked by the wire, the first mail carries full particulars

everywhere, both to the general public and to a ubiquitous international

police, brimful of _camaraderie_ and willing to help each other. It is

not easy to disappear nowadays, although I have heard the contrary

stoutly maintained. A well-known police officer once assured me that he

could easily and effectually efface himself, given certain conditions,

such as the possession of sufficient funds (not of a tainted origin that

might draw down suspicion), or the knowledge of some honest wage-earning

handicraft, or fluency in some foreign language, and, above all, a face

and features not easily recognisable. Given any of these conditions, he

declared he could hide himself completely in the East-End, or the

Western Hebrides, or South America, or provincial France, or some

Spanish mountain town. In proof of this he declared that he had lived

for many months in an obscure French village, and, being well acquainted

with French, passed quite unknown, while watching for someone; and he

strengthened his argument by quoting the case of the perpetrator of a

recent robbery of pearls, who baffled pursuit for months, and gave

herself up voluntarily in the end.

On the other hand, it may be questioned whether this lady was altogether

hidden, or whether she was so terribly "wanted" by the police. In any

case, pursuit was not so keen as it would have been with more notorious

criminals. Nor can the many well-established cases of men and women

leading double lives be quoted in support of this view. Such people are

not necessarily in request; there may be a secret reason for

concealment, for dreading discovery, but it has generally been of a

social, a domestic, not necessarily a criminal character. We have all

heard of the crossing-sweeper who did so good a trade that he kept his

brougham to bring him to business from a snug home at the other end of

the town. A case was quoted in the American papers some years back where

a merchant of large fortune traded under one name, and was widely known

under it "down town," yet lived under another "up town," where he had a

wife and large family. This remarkable dissembler kept up the fraud for

more than half a century, and when he died his eldest son was fifty-one,

the rest of his children were middle-aged, and none of them had the

smallest idea of their father's wealth, or of his other existence. The

case is not singular, moreover. Another on all fours, and even more

romantic, was that of two youths with different names, walking side by

side in the streets of New York, who saluted the same man as father; a

gentleman with two distinct personalities.

Such deception may be long undetected when it is no one's business to

expose it. Where crime complicates it, where the police are on the alert

and have an object in hunting the wrong-doer down, disappearance is

seldom entirely successful. Dr. Jekyll could not cover Mr. Hyde

altogether when his homicidal mania became ungovernable. The clergyman

who lived a life of sanctity and preached admirable sermons to an

appreciative congregation for five full years was run down at last and

exposed as a noted burglar in private life. "Sir Granville Temple," as

he called himself, when he had committed bigamy several times, was

eventually uncloaked and shown up as an army deserter whose father was

master of a workhouse. Criminals who seek effacement do not take into

sufficient account the curiosity and inquisitiveness of mankind. At

times, just after the perpetration of a great crime, when the criminal

is missing and the pursuit at fault, every gossip, landlady, "slavey,"

local tradesman, 'bus conductor, lounger on the cab rank, newsboy,

railway guard, becomes an active amateur agent of the police, prying,

watching, wondering, looking askance at every stranger and newcomer;

ready to call in the constable on the slightest suspicion, or

immediately report any unusual circumstance. The rapid dissemination of

news to the four quarters of the land by our far-reaching,

indefatigable, and wide-awake Press has undoubtedly secured many

arrests. The judicious publication of certain details, of personal

descriptions, of names, aliases, and the supposed movements of persons

in request, has constantly borne fruit. In France police officials often

deprecate the incautious utterances of the Press, but it is a common

practice of theirs in Paris to give out fully prepared items to the

newspapers with the express intention of deceiving their quarry; the

missing man has been lulled into fancied security by hearing that the

pursuers are on a wrong scent, and, issuing from concealment, "gives

himself away."

[Illustration: THE PORTRAIT WHICH LED TO LEFROY's ARREST (p. 12).

(_By permission of the "Daily Telegraph."_)]

III.--THE PRESS AN AID TO THE POLICE.

Long ago, as far back as the murder of Lord William Russell by

Courvoisier, proof of the crime was greatly assisted by the publication

of the story in the Press. Madame Piolaine, an hotel-keeper, read in the

newspaper of the arrest of a suspected person, recognising him as a man

who had been in her service as a waiter. Only a day or two after the

murder he had come to her, begging her to take charge of a brown paper

parcel, for which he would call. He had never returned, and now Madame

Piolaine hunted up the parcel, which lay at the bottom of a cupboard,

where she had placed it. The fact that Courvoisier had brought it

justified her in examining it, and she now found that it contained a

quantity of silver plate, and other articles of value. When the police

were called in, they identified the whole as part of the property

abstracted from Lord William Russell's. Here was a link directly

connecting Courvoisier with the murder. Hitherto the evidence had been

mainly presumptive. The discovery of Lord William's Waterloo medal, with

his gold rings and a ten-pound note, under the skirting-board in

Courvoisier's pantry was strong suspicion, but no more. The man had a

gold locket, too, in his possession, the property of Lord William

Russell, but it had been lost some time antecedent to the murder. All

the evidence was presumptive, and the case was not made perfectly clear

until Madame Piolaine was brought into it through the publicity given by

the Press.

In the murder of Mr. Briggs by the German, Franz Müller, detection was

greatly facilitated by the publicity given to the facts of the crime.

The hat found in the railway carriage where the deed had been done was a

chief clue. It bore the maker's name inside the cover, and very soon a

cabman who had read this in the newspaper came forward to say he had

bought that very hat at that very maker's for a man named Müller. Müller

had been a lodger of his, and had given his little daughter a jeweller's

cardboard box, bearing the name of "Death, Cheapside." Already this Mr.

Death had produced the murdered man's gold chain, saying he had given

another in exchange for it to a man supposed to be a German. There could

be no doubt now that Müller was the murderer. His movements were easily

traced. He had gone across the Atlantic in a sailing ship, and was

easily forestalled by the detectives in a fast Atlantic liner, which

also carried the jeweller and the cabman.

Where identity is clear the publication of the _signalement_, if

possible of the likeness, has reduced capture to a certainty; it is a

mere question then of time and money. Lefroy, the murderer of Mr. Gold,

was caught through the publicity given to his portrait, which had

appeared in the columns of the _Daily Telegraph_. Some eminent but

highly cautious police officers nevertheless deprecate the interference

of the Press, and have said that the premature or injudicious disclosure

of facts obtained in the progress of investigation has led to the escape

of criminals. It is to be feared that there is an increasing distrust of

the official methods of detection, and the Press is more and more

inclined to institute a pursuit of its own when mysterious cases

continue unsolved. We may yet see this system, which has sometimes been

employed by energetic reporters in Paris, more largely adopted here.

Without entering into the pro's and con's of such competition, it is but

right to admit that the Press, with its powerful influence, its

ramifications endless and widespread, has already done great service to

justice in following up crime. So convinced are the London police

authorities of the value of a public organ for police purposes, that

they publish a newspaper of their own, the admirably managed _Police

Gazette_, which is an improved form of a journal started in 1828. This

gazette, which is circulated gratis to all police forces in the United

Kingdom, gives full particulars of crimes and of persons "wanted," with

rough but often life-like woodcut portraits and sketches that help

capture. Ireland has a similar organ, the Dublin _Hue and Cry_; and some

of the chief constables of counties send out police reports that are

highly useful at times. Through these various channels news travels

quickly to all parts, puts all interested on the alert, and makes them

active in running down their prey.

IV.--THE IMPORTANCE OF SMALL CLUES.

Detection depends largely, of course, upon the knowledge, astuteness,

ingenuity, and logical powers of police officers, although they find

many independent and often unexpected aids, as we shall see. The best

method of procedure is clearly laid down in police manuals: an immediate

systematic investigation on the theatre of a crime, the minute

examination of premises, the careful search for tracks and traces, for

any article left behind, however insignificant, such as the merest

fragment of clothing, a scrap of paper, a harmless tool, a hat, half a

button; the slow, persistent inquiry into the antecedents of suspected

persons, of their friends and associates, their movements and ways,

unexplained change of domicile, proved possession of substantial funds

after previous indigence--all these are detailed for the guidance of the

detective. It will be seen in the following pages how small a thing has

often sufficed to form a clue. A name chalked upon a door in tell-tale

handwriting; half a word scratched upon a chisel, has led to the

identification of its guilty owner, as in the case of Orrock. A button

dropped after a burglary has been found to correspond with those on the

coat of a man in custody for another offence, and with the very place

from which it was torn. The cloth used to enclose human remains has

been recognised as that used by tailors, and the same with the system of

sewing, thus narrowing inquiry to a particular class of workmen; and the

fact is well illustrated in the detection of Voirbo, to be hereafter

told. The position of a body has shown that death could not have been

accidental. A false tooth, fortunately incombustible, has sufficed for

proof of identity when every other vestige has been annihilated by fire,

as in the case of Dr. Webster of Boston.

[Illustration: _Photo: Cassell & Company, Limited._

BROKEN BUTTON AT THE BLACK MUSEUM: A CLUE.

(_The white paper has been placed upon the cloth to show up the

button._)]

In one clear case of murder, detection was aided by the simple discovery

of a few half-burnt matches that the criminal had used in lighting

candles in his victim's room to keep up the illusion that he was still

alive. A dog, belonging to a murdered man, had been seen to leave the

house with him on the morning of the crime, and was yet found fourteen

days later alive and well, with fresh food by him, in the locked-up

apartment to which the occupier had never returned. The strongest

evidence against Patch, the murderer of Mr. Blight at Rotherhithe, was

that the fatal shot could not possibly have been fired from the road

outside, and the first notion of this was suggested by the doctor called

in, afterwards eminent as Sir Astley Cooper. In the Gervais case proof

depended greatly upon the date when the roof of a cellar had been

disturbed, and this was shown to have been necessarily some time before,

for in the interval the cochineal insects had laid their eggs, and this

only takes place at a particular season. We shall see in the Voirbo

case, quoted above, how an ingenious police officer, when he found

bloodstains on a floor, discovered where a body had been buried by

emptying a can of water on the uneven stones and following the channels

in which it ran.

[Illustration: TAKING MEASUREMENTS OF CRIMINALS (BERTILLON SYSTEM).]

Finger-prints and foot-marks have again and again been cleverly worked

into undeniable evidence. The impression of the first is personal and

peculiar to the individual; by the latter the police have been able to

fix beyond question the direction in which criminals have moved, their

character and class, and the neighbourhood that owns them. The labours

of the scientist have within the last few years produced new methods of

identification, which are invaluable in the pursuit and detection of

criminals. The patient investigations of a medical expert, M. Bertillon,

of Paris (one of the witnesses in the Dreyfus case), developing the

scientific discovery of his father, have proved beyond all question that

certain measurements of the human frame are not only constant and

unchangeable, but peculiar to each subject; the width of the head, the

length of the face, of the middle finger, of the lower limbs from knee

to foot, and so forth, provide such a number of combinations that no two

persons, speaking broadly, possess them all exactly alike. This has

established the system of anthropometry, of "man measurement," which has

now been adopted on the same lines by every civilised nation in the

world. The system, however, is on the face of it a complicated one, and

at New Scotland Yard it has now been abandoned in favour of the

finger-prints method. Mr. Francis Galton, to whose researches this mode

of identification is due, has proved that finger prints, exhibited in

certain unalterable combinations, suffice to fix individual identity,

and his system of notation, as now practised in England, will soon

provide a general register of all known criminals in the country.

[Illustration: EAR AND HEAD MEASURERS (THE BERTILLON SYSTEM).]

[Illustration: MR. GALTON'S TYPES OF FINGER-PRINTS.]

The ineffaceable odour of musk and other strong scents has more than

once brought home robbery and murder to their perpetrators. A most

interesting case is recorded by General Harvey,[1] where, in the plunder

of a native banker and pawnbroker in India, an entire pod of musk, just

as it had been excised from the deer, was carried off with a number of

valuables. Musk is a costly commodity, for it is rare, and obtained

generally from far-off Thibet. The police, in following up the dacoits,

invaded their _tanda_, or encampment, and were at once conscious of an

unmistakable and overpowering smell of musk,

[Illustration: "AFTER A SHORT STRUGGLE ... THE THIEVES SEIZED THE

OPIUM" (p. 18).]

which was presently dug up with a number of rupees, coins of an uncommon

currency.

In another instance a scent merchant's agent, returning from Calcutta,

brought back with him a flask of spikenard. He travelled up country by

boat part of the way, then landed to complete the journey, and carried

with him the spikenard. He fell among thieves, a small gang of

professional poisoners, who disposed of him, killing him and his

companions and throwing them into the river. Long afterwards the

criminals, who had appropriated all their goods, were detected by the

tell-tale smell of the spikenard in their house, and the flask, nearly

emptied, was discovered beneath a stack of fuel in a small room.

Yet again, the smell of opium led to the detection of a robbery in the

Punjaub, where a train of bullock carts laden with the drug was

plundered by dacoits. After a short struggle the bullock drivers bolted,

the thieves seized the opium and buried it. But, returning through a

village, they were intercepted as suspicious characters, and it was

found that their clothes smelt strongly of opium. Then their footsteps

were traced back to where they had committed the robbery, and thence to

a spot in the dry bed of a river, in which the opium was found buried.

In India, again, many cases of obscure homicide have been brought to

light by such a trifling fact as the practice, common among native

women, of wearing glass, or rather shell lac, bangles or bracelets.

These _choorees_, as they are called, are heated, then wound round wrist

or ankle in continuous circles and joined. They are very brittle, and

will naturally be easily smashed in a violent struggle. Fruitless search

was made for a woman who had disappeared from a village, until in a

field adjoining the fragments of broken _choorees_ were picked up. On

digging below, the corpse of the missing woman, bearing marks of foul

play, was discovered.

In another case a father identified certain broken _choorees_ as

belonging to his daughter; they had been found, with traces of blood and

wisps of female hair, near a well, and were the means of bringing home

the murder. Cheevers[2] tells us that a young woman was seen to throw a

boy ten years of age into a dry well twenty feet deep. Information was

given, and the child was extracted, a corpse. Pieces of _choorees_ were

picked up near the well similar to those worn by the woman, who was

arrested and eventually convicted of murder. Here the ingenious defence

was set up that the child's mother, a woman of the same caste as the

accused, and likely to wear the same kind of bangle, had gone to wail at

the well-side and might have broken her glass ornaments in the excess of

her grief. But sentence of death was passed.

V.--"LUCK" FOR AND AGAINST CRIMINALS.

Among the many outside aids to detection, "luck," blind chance, takes a

very prominent place. We shall come upon innumerable instances of this.

Troppmann, the wholesale murderer, was apprehended quite by accident,

because his papers were not in proper form. He might still have escaped

prolonged arrest had he not run for it and tried to drown himself in the

harbour at Havre. The chief of a band of French burglars was arrested in

a street quarrel, and was found to be carrying a great part of the

stolen bonds in his pocket. When Charles Peace was taken at Blackheath

in the act of burglary, and charged with wounding a policeman, no one

suspected that this supposed half-caste mulatto, with his dyed skin, was

a murderer much wanted in another part of the country. Every good police

officer freely admits the assistance he has had from fortune. One of

these--famous, not to say notorious, for he fell into bad

ways--described to me how he was much thwarted and baffled in a certain

case by his inability to come upon the person he was after, or any trace

of him, and how, meeting a strange face in the street, a sudden impulse

prompted him to turn and follow it, with the satisfactory result that he

was led straight to his desired goal. The same officer confessed that

chancing to see a letter delivered by the postman at a certain door he

was tempted to become possessed of it, and did not hesitate to steal it.

When he had opened and read it, he found the clue of which he was in

search!

Criminals themselves believe strongly in luck, and in some cases are

most superstitious. An Italian, whose speciality was sacrilege, never

broke into a church without kneeling down before the altar to pray for

good fortune and large booty. The whole system of Thuggee was based on

superstition. The bands never operated without taking the omens; noting

the flight of birds, the braying of a jackass to right or left, and so

on, interpreting these things as warnings

[Illustration: THE FIGHT BETWEEN MACAIRE AND THE DOG OF MONTARGIS.

(_From an Old Print._)]

or as encouragements to proceed. This superstitious belief in luck is

still prevalent. A notorious banknote forger in France carefully

abstained from counterfeiting notes of two values, those for 500 francs

and 2,000 francs, being convinced that they would bring him into

trouble. Thieves, it has been noticed, generally follow one line of

business, because a first essay in it was successful. The man who steals

coats steals them continually; once a horse thief always a horse thief;

the forger sticks to his own line, as do the pickpocket, the burglar,

and the performer of the confidence trick. The burglar dislikes

extremely the use of any tools or instruments but his own; he generally

believes that another man's false keys, jemmies, and so forth, would

bring him bad luck. Only in matter-of-fact America does the cracksman

rise superior to superstition. There a good business is done by certain

people who lend housebreaking tools on hire.

Instinct, aboriginal and animal, has helped at times to bring criminals

to justice. The mediæval story of the dog of Montargis may be mere

fable, but it rests on historic tradition that after Macaire had

murdered Aubry de Montdidier in the forest of Bondy, the extraordinary

aversion shown by the dog to Macaire first aroused suspicion, and led to

the ordeal of mortal combat, in which the dog triumphed.

[Illustration: SUMATRAN THIEVES' CALENDAR (BRITISH MUSEUM) FOR

CALCULATING LUCKY DAYS.]

It has been sometimes suggested that the instinct of animals might be

further utilised in the pursuit of criminals. Something more than the

well-known unerring chase of the bloodhound might be got from the

marvellous intelligence of dogs. We shall see how the strange

restlessness of the dog owned by Wainwright's manager in the Whitechapel

Road nearly led to the discovery of the murdered Harriet Lane's remains.

The clever beast was perpetually scratching at the floor beneath which

the poor woman was buried, and his inconvenient restlessness no doubt

led to his own destruction, for Wainwright is said to have made away

with the dog. In India the idea of using the pariah dog for the purpose

of smelling out buried bodies has been often put forward. Dogs would

avail little, however, if the corpse lay at a great depth below ground,

and hence the suggestion to draw upon the keener sense, exercised over a

wider range above and below ground, of the vulture. This foul bird is

commonly believed to be untameable, but it might assist unconsciously.

Vultures are much given to perching upon the same tree near every Indian

station, and close observation might reveal the direction of their

flight. Their presence at any particular spot would constitute fair

grounds for suspicion that they were after carrion. Indian police

experience records many cases of the discovery of bodies through the

agency of kites, vultures, crows, and scavenging wild beasts. The

howling of a jackal has given the clue; in one remarkable case the body

of a murdered child was traced through the snarling and quarrelling of

jackals over the remains. A murderer who had buried his victim under a

heap of stones, on returning (the old story) to the spot found that it

had been unearthed by wild animals.

VI.--THE TRACKING INSTINCT IN AUSTRALIAN ABORIGINES.

The strange, almost superhuman, powers of the Australian blacks in

following blind, invisible tracks have been turned to good account in

the detection of crime. Their senses of sight, smell, and touch are

abnormally acute. They can distinguish the trail of lost animals one

from the other, and follow it for hundreds of miles. Like the Red

Indians of North America, they judge by a leaf, a blade of grass, a mere

splash in the mud; they can tell with unfailing precision whether the

ground has been recently disturbed, and even what has passed over it.

A remarkable instance occurred in the colony of Victoria in 1851, when a

stockholder, travelling up to Melbourne with a considerable sum of

money, disappeared. His horse had returned riderless to the station, and

without saddle or bridle. A search was at once instituted, but proved

fruitless. The horse's hoof-marks were followed to the very boundary of

the run, near which stood a hut occupied by two shepherds. These men,

when questioned, declared that neither man nor horse had passed that

way. Then a native who worked on the station was pressed into the

service, and starting from the house, walking with downcast eyes and

occasionally putting his nose to the ground, he easily followed the

horse's track to the shepherds' hut, where he at once offered some

information. "Two white mans walk here," he said, pointing to

indications he alone could discover on the ground. A few yards farther

he cried, "Here fight! here large fight!" and it was seen that the grass

had been trampled down. Again, close at hand, he shouted in great

excitement, "Here kill--kill!" A minute examination of the spot showed

that the earth had been moved recently, and on turning it over a

quantity of clotted blood was found below.

[Illustration: AN AUSTRALIAN NATIVE TRACKING.

(_A Sketch from Life._)]

There was nothing, however, definitely to prove foul play, and further

search was necessary. The black now discovered the tracks of men by the

banks of a small stream hard by, which formed the boundary of the run.

The stream was shrunk to a tiny thread after the long drought, and here

and there was swallowed up by sand. But it gathered occasionally into

deep, stagnant pools, which marked its course. Each of these the native

examined, still finding foot-marks on the margin. At last the party

reached a pond larger than any, wide, and seemingly very deep. The

tracker, after circling round and round the bank, said the trail had

ceased, and bent all his attention upon the surface of the water, where

a quantity of dark scum was floating. Some of this he skimmed off,

tasted and smelt it, and decided positively--"White man here."

The pond was soon dragged with grappling-irons and long spears, and

presently a large sack was brought up, which was found to contain the

mangled remains of the missing stockholder. The sack had been weighted

with many stones to prevent it from rising to the surface.

Suspicion fell upon the two shepherds who lived in the hut on the

boundary of the run. One was a convict on ticket-of-leave, the other a

deserter from a regiment in England. Both had taken part in the search,

and both had appeared much agitated and upset as the black's marvellous

discoveries were laid bare. Both, too, incautiously urged that the

search had gone far enough, and protested against examining the ponds.

While this was being done, and unobserved by them, a magistrate and two

constables went to their hut and searched it thoroughly. They first sent

away an old woman who acted as the shepherds' servant, and then turned

over the place. Nothing was found in the hut, but in an outhouse they

came upon a coat and waistcoat and two pairs of trousers, all much

stained with fresh blood-marks. On this the shepherds were arrested and

sent down to Melbourne.

What had become of the saddle-bags in which the murdered man had carried

his cash? It was surmised that they had been put by in some safe place,

and again the services of the native tracker were sought. He now made a

start from the shepherds' hut, and discovered as before, by sight and

smell, the tracks of two men's feet, travelling northward. These took

him to a gully or dry watercourse, in the centre of which was a high

pile of stones. The tracks ended at a stone on the side, where the

native said he smelt leather. When several stones had been taken down,

the saddle-bags, saddle, and bridle were found hidden in an inner

receptacle. The money, the motive of the murder, was still in the

bags--no less than £2,000--and had been left there, no doubt, for

removal at a more convenient time.

[Illustration: AUSTRALIAN SHEPHERD'S HUT.]

The shepherds were put on their trial, and the evidence thus accumulated

was deemed convincing by a jury. It was also proved that the

blood-stained clothes had been worn by the prisoners both on the day

before and on the very day of the murder. The stains were ascertained by

chemical analysis to be of human blood, not of sheep's, as set up by the

defence. It was also shown that the men had been absent from the hut the

greater part of the morning of the murder. They were executed at

Melbourne.

This extraordinary faculty of following a trail is characteristic of all

the Australian blacks. It was remarkably illustrated in a Queensland

case, where a man was missing who was supposed to have been murdered,

and whose remains were discovered by the black trackers. An aged

shepherd, who had long served on a certain station, was at last sent off

with a considerable sum, arrears of pay. He started down country, but

was never heard of again. Various suspicious reports started a belief

that he had been the victim of foul play. The police were called in, and

proceeded to make a thorough search, assisted by several blacks, who

usually hang about the station loafing. But they lost their native

indolence when there was tracking to be done. Now they were roused to

keenest excitement, and entered eagerly into the work, jabbering and

gesticulating, with flashing eyes. No one, to look at these eyes,

generally dull and bleary, could imagine that they possessed such visual

powers, or that their owners were so shrewdly observant.

[Illustration: AUSTRALIAN NATIVE TYPES.]

The search commenced at the hut lately occupied by the shepherd. The

first thing discovered, lying among the ashes of the hearth, was a

spade, which might have been used as a weapon of offence; spots on it,

as the blacks declared, were of blood. Some similar spots were pointed

out upon the hard, well-trodden ground outside, and the track led to a

creek or water-hole, on the banks of which the blacks picked up among

the tufts of short dried grass several locks of reddish-white hair,

invisible to everyone else. The depths of the water were now probed with

long poles, and the blacks presently fished up a blucher boot with an

iron heel. The hair and the boot were both believed to belong to the

missing shepherd. The trackers still found locks of hair, following them

to a second water-hole, where all traces ceased, and it was supposed by

some that the body lay there at the bottom. Not so the blacks, who

asserted that it had now been lifted upon horseback for removal to a

more distant spot, and in proof pointed out hoof-marks, which had

escaped observation until they detected them. The hoof-marks were large

and small, obviously of a mare and her foal. Yet the water-hole was

searched thoroughly; the blacks stripped and dived, they smelt and

tasted the water, but always shook their heads, and, as a matter of

fact, nothing was found in this second creek. The pursuit returned to

the hoof-marks, and these were followed to the edge of a scrub, where

for the time they were lost.

Next day, however, they were again picked up, on the hard, bare ground,

where there was hardly a blade of grass. They led to the far-off edge of

a plain, towards a small spiral column which ascended into the sky. It

was the remains of an old and dilapidated sheep-yard, which had been

burnt by the station overseer. This man, it should have been premised,

had all along been suspected of making away with the shepherd from

interested motives, having been the depositary of his savings. And it

was remembered that he had paid several visits in the last few days to

the burning sheep-yard. Now, when the search party reached the spot,

where little but charred and smouldering embers remained, the blacks

eagerly turned over the ashes. Suddenly a woman, a black "gin," screamed

shrilly, and cried, "Bones sit down here," and closer examination

disclosed a heap of calcined human remains. Small portions of the skull

were still unconsumed, and a few teeth were found, quite perfect, having

altogether escaped the action of the fire. Soon the buckle of a belt was

discovered, and identified as having been worn by the missing shepherd,

and also the iron heel of a boot corresponding to that found in the

first water-hole. Thus the marvellous sagacity of the black trackers had

solved the mystery of the shepherd's disappearance; but, although the

shepherd's fate was thereby established beyond doubt, the evidence was

not sufficient to bring home the crime of murder to the overseer.

VII.--THE SHORTSIGHTEDNESS OF SOME CRIMINALS.

Not the least useful of the many allies found by the police are the

criminals themselves. Their shortsightedness is often extraordinary;

even when seemingly most careful to cover up their tracks they will

neglect some small point, will drop unconsciously some slight clue,

which, sooner or later, must betray them. In an American murder, at

Michigan, a man killed his wife in the night by braining her with a

heavy club. His story was that his bedroom had been entered through the

window by some unknown murderer. This theory was at once disproved by

the fact that the window was still nailed down on one side. The real

murderer in planning the crime had extracted one nail and left the

other.

The detection of the murderers of M. Delahache, a misanthrope who lived

with a paralysed mother and one old servant in a ruined abbey at La

Gloire Dieu, near Troyes, was much facilitated by the carelessness with

which the criminals neglected to carry off a note-book from the safe.

After they had slain their three victims, they forced the safe and

carried off a large quantity of securities payable to bearer, for M.

Delahache was a saving, well-to-do person. They took all the gold and

banknotes, but they left the title-deeds of the property and his

memorandum book, in which the late owner had recorded in shorthand,

illegible by the thieves, the numbers and description of the stock he

held, mostly in Russian and English securities. By means of these

indications it was possible to trace the stolen papers and secure the

thieves, who still possessed them, together with the pocket-book itself

and a number of other valuables that had belonged to M. Delahache.

Criminals continually "give themselves away" by their own carelessness,

their stupid, incautious behaviour. It is almost an axiom in detection

to watch the scene of a murder for the visit of the criminal, who seems

almost irresistibly drawn thither. The same impulse attracts the French

murderer to the Morgue, where his victim lies in full public view. This

is so thoroughly understood in Paris that the police keep officers in

plain clothes among the crowd which is always filing past the

plate-glass windows separating the public from the marble slopes on

which the bodies are exposed. An Indian criminal's steps generally lead

him homeward to his own village, on which the Indian police set a close

watch when a man is much wanted. Numerous cases might be quoted in which

offenders disclose their crime by ill-advised ostentation: the reckless

display of much cash by those who were, seemingly, poverty-stricken just

before; self-indulgent extravagance, throwing money about wastefully,

not seldom parading in the very clothes of their victims. A curious

instance of the neglect of common precaution was that of Wainwright, the

murderer of Harriet Lane, who left the _corpus delicti_, the damning

proof of his guilt, to the prying curiosity of an outsider, while he

went off in search of a cab.

One of the most remarkable instances of the want of reticence in a

great criminal and his detection through his own foolishness occurred in

the case of the Stepney murderer, who betrayed himself to the police

when they were really at fault and their want of acuteness was being

made the subject of much caustic criticism. The victim was an aged woman

of eccentric character and extremely parsimonious habits, who lived

entirely alone, only admitting a woman to help her in the housework for

an hour or two every day. She owned a good deal of house property, let

out in tenements to the working classes. As a rule she collected the

rents herself, and was believed to have considerable sums from time to

time in her house. This made her timid; being naturally of a suspicious

nature, she fortified herself inside with closed shutters and locked

doors, never opening to a soul until she had closely scrutinised any

visitor. It called for no particular remark that for several days she

had not issued forth. She was last seen on the evening of the 13th of

August, 1860. When people came to see her on business on the 14th, 15th,

and 16th, she made no response to their loud knockings, but her strange

habits were well known; moreover, the neighbourhood was so densely

inhabited that it was thought impossible she could have been the victim

of foul play.

At last, on the 17th of August, a shoemaker named Emm, whom she

sometimes employed to collect rents at a distance, went to Mrs.

Elmsley's lawyers and expressed his alarm at her non-appearance. The

police were consulted, and decided to break into the house. Its owner

was found lying dead on the floor in a lumber-room at the top of the

house. Life had been extinct for some days, and death had been caused by

blows on the head with a heavy plasterer's hammer. The body lay in a

pool of blood, which had also splashed the walls, and a bloody footprint

was impressed on the floor, pointing outwards from the room. There were

no appearances of forcible entry to the house, and the conclusion was

fair that whoever had done the deed had been admitted by Mrs. Elmsley

herself. A possible clue to the criminal was afforded by the several

rolls of wall-paper lying about near the corpse. Mrs. Elmsley was in the

habit of employing workmen on her own account to carry out repairs and

decorations in her houses, and the indications pointed to her having

been visited by one of these, who had perpetrated the crime. Yet the

police made no useful deductions from these data.

While they were still at fault a man named Mullins, a plasterer by trade

and an ex-member of the Irish constabulary, who knew Mrs. Elmsley well

and had often worked for her, came forward voluntarily to throw some

light on the mystery. Nearly a month had elapsed since the murder, and

he declared that during this period his attention had been drawn to the

man Emm and his suspicious conduct. He had watched him, had frequently

seen him leave his cottage and proceed stealthily to a neighbouring

brickfield, laden on each occasion with a parcel he did not bring back.

Mullins, after giving this information quite unsought, led the police

officers to the spot, and into a ruined outbuilding, where a strict

search was made. Behind a stone slab they discovered a paper parcel

containing articles which were at once identified as part of the

murdered woman's property. Mullins next accompanied the police to Emm's

house, and saw the supposed criminal arrested. But to his utter

amazement the police turned on Mullins and took him also into custody.

Something in his manner had aroused suspicion, and rightly, for

eventually he was convicted and hanged for the crime.

[Illustration: "HAD ... FREQUENTLY SEEN HIM ... PROCEED STEALTHILY TO A

NEIGHBOURING BRICKFIELD."]

Here Mullins had only himself to thank. Whatever the impulse--that

strange restlessness that often affects the secret murderer, or the

consuming fear that the scent was hot, and his guilt must be discovered

unless he could shift suspicion--it is certain that but for his own act

he would never have been arrested. It may be interesting to complete

this case, and show how further suspicion settled around Mullins. The

parcel found in the brickfield was tied up with a tag end of tape and a

bit of a dirty apron string. A precisely similar piece of tape was

discovered in Mullins's lodgings lying upon the mantelshelf. There was

an inner parcel fastened with waxed cord. The idea with Mullins was, no

doubt, to suggest that the shoemaker Emm had used cobbler's wax. But a

piece of wax was also found in Mullins's possession, besides several

articles belonging to the deceased.

The most conclusive evidence was the production of a plasterer's hammer,

which was also found in Mullins's house. It was examined under the

microscope, and proved to be stained with blood. Mullins had thrown away

an old boot, which chanced to be picked up under the window of a room he

occupied. This boot fitted exactly into the blood-stained footprint on

the floor in Mrs. Elmsley's lumber-room; moreover, two nails protruding

from the sole corresponded with two holes in the board, and, again, a

hole in the middle of the sole was filled up with dried blood. So far as

Emm was concerned, he was able clearly to establish an _alibi_, while

witnesses were produced who swore to having seen Mullins coming across

Stepney Green at dawn on the day of the crime with bulging pockets

stuffed full of something, and going home; he appeared much perturbed,

and trembled all over.

Mullins was found guilty without hesitation, and the judge expressed

himself perfectly satisfied with the verdict. The case was much

discussed in legal circles and in the Press, and all opinions were

unanimously hostile to Mullins. The convict steadfastly denied his guilt

to the last, but left a paper exonerating Emm. It is difficult to

reconcile this with his denunciation of that innocent man, except on the

ground of his own guilty knowledge of the real murderer. In any case, it

was he himself who first lifted the veil and stupidly brought justice

down upon himself.

The case of Mullins was in some points forestalled by the discovery of

an Indian murder, in which the native police ingeniously entrapped the

criminal to assist in his own detection. A man in Kumacu, named Mungloo,

disappeared, and a neighbour, Moosa, was suspected of having made away

with him. The police, unable to bring home the murder to him, caught

him by bringing to him a corpse which they declared was Mungloo's. Moosa

knew better, and said so. Imprudently anxious to shift all suspicion

from himself, he told the police that a certain Kitroo knew where the

real corpse lay, and advised them to arrest him. Kitroo was seized, and

confessed in effect that Mungloo was buried close to his house. The

ground was opened, and at a considerable depth down the body was found.

Now Moosa came forward and claimed the credit, as well as the proffered

reward for discovery. He was, he said, the first to indicate where the

body was hidden. But Kitroo turned Queen's evidence, and swore that he

had seen the murder committed by Moosa and three others, and that, as he

was an eye-witness, he was compelled by them to become an accomplice.

Moosa was sentenced to transportation for life. There was in his case no

necessity to accuse Kitroo, and but for his officiousness the corpse

would never, probably, have been brought to light.

VIII.--SOME UNAVENGED CRIMES.

There have, however, been occasions when detection has failed more or

less completely. The police do not admit always that the perpetrators

remain unknown; they have clues, suspicion, strong presumption, even

more, but there is a gap in the evidence forthcoming, and to attempt

prosecution would be to face inevitable defeat. To this day it is held

at Scotland Yard that the real murderer in a mysterious murder in London

in the seventies was discovered, but that the case failed before an

artfully planned _alibi_. Sometimes an arrest is made on grounds that

afford strong _primâ-facie_ evidence, yet the case breaks down in court.

The Burdell murder in 1857, in New York, was one of these. Dr. Burdell

was a wealthy and eccentric dentist, owning a house in Bond Street, the

greater part of which he let out in tenements. One of his tenants was a

Mrs. Cunningham, to whom he became engaged, and whom, according to one

account, he married. In any case, they quarrelled furiously, and Dr.

Burdell warned her that she must leave the house, as he had let her

rooms. Whereupon she told him significantly that he might not live to

sign the agreement. Shortly afterwards he was found murdered, stabbed

with fifteen wounds, and there were all the signs of a violent struggle.

The wounds must

[Illustration: OLD MILLBANK PRISON.]

have been inflicted by a left-handed person, and Mrs. Cunningham was

proved to be left-handed. The facts were strong against her, and she was

arrested, but was acquitted on trial.

It came out long after the mysterious Road (Somerset) murder that the

detectives were absolutely right about it, and that Inspector Whicher,

of Scotland Yard, in fixing the crime on Constance Kent, had worked out

the case with singular acumen. He elicited the motive--her jealousy of

the little brother, one of a second family; he built up the clever

theory of the abstracted nightdress, and obtained what he considered

sufficient proof. It will be remembered that this accusation was

denounced as frivolous and unjust. Mr. Whicher was so overwhelmed with

ridicule that he soon afterwards retired from the force, and died, it

was said, of a broken heart. His failure, as it was called, threw

suspicion upon Mr. Kent, the father of the murdered child, and Gough,

the boy's nurse, and both were apprehended and charged, but the cases

were dismissed. In the end, as all the world knows, Constance Kent, who

had entered an Anglican sisterhood, made full confession to the Rev. Mr.

Wagner, of Brighton, and she was duly convicted of murder. Although

sentence of death was passed, it was commuted, and I had her in my

charge at Millbank for years.

The outside public may think that the identity of that later miscreant,

"Jack the Ripper," was never revealed. So far as absolute knowledge

goes, this is undoubtedly true. But the police, after the last murder,

had brought their investigations to the point of strongly suspecting

several persons, all of them known to be homicidal lunatics, and against

three of these they held very plausible and reasonable grounds of

suspicion. Concerning two of them the case was weak, although it was

based on certain suggestive facts. One was a Polish Jew, a known

lunatic, who was at large in the district of Whitechapel at the time of

the murder, and who, having developed homicidal tendencies, was

afterwards confined in an asylum. This man was said to resemble the

murderer by the one person who got a glimpse of him--the

police-constable in Mitre Court. The second possible criminal was a

Russian doctor, also insane, who had been a convict in both England and

Siberia. This man was in the habit of carrying about surgical knives and

instruments in his pockets; his antecedents were of the very worst, and

at the time of the Whitechapel murders he was in hiding, or, at least,

his whereabouts was never exactly known. The third person was of the

same type, but the suspicion in his case was stronger, and there was

every reason to believe that his own friends entertained grave doubts

about him. He also was a doctor in the prime of life, was believed to be

insane or on the borderland of insanity, and he disappeared immediately

after the last murder, that in Miller's Court, on the 9th of November,

1888. On the last day of that year, seven weeks later, his body was

found floating in the Thames, and was said to have been in the water a

month. The theory in this case was that after his last exploit, which

was the most fiendish of all, his brain entirely gave way, and he became

furiously insane and committed suicide. It is at least a strong

presumption that "Jack the Ripper" died or was put under restraint after

the Miller's Court affair, which ended this series of crimes. It would

be interesting to know whether in this third case the man was

left-handed or ambidextrous, both suggestions having been advanced by

medical experts after viewing the victims. It is true that other doctors

disagreed on this point, which may be said to add another to the many

instances in which medical evidence has been conflicting, not to say

confusing.

Yet the incontestable fact remains, unsatisfactory and disquieting, that

many murder mysteries have baffled all inquiry, and that the long list

of undiscovered crimes is continually receiving mysterious additions. An

erroneous impression, however, prevails that such failures are more

common in Great Britain than elsewhere. No doubt the British police are

greatly handicapped by the law's limitations, which in England always

act in protecting the accused. But with all their advantages, the power

to make arrests on suspicion, to interrogate the accused parties and

force on self-incrimination, the Continental police meet with many

rebuffs. Numbers of cases are "classed," as it is officially called in

Paris--that is, pigeon-holed for ever and a day, lacking sufficient

proofs for trial, and in some instances, indeed, there is no clue

whatever. In every country, and in all times, past and present, there

have been crimes that defied detection.

Feuerbach, in his record of criminal trials in Bavaria, tells, for

example, of the unsolved murder mystery of one Rupprecht, a notorious

usurer of Munich, who was killed in 1817 in the doorway of a public

tavern not fifty yards from his own residence. Yet his murderer was

never discovered. The tavern was called the "hell"; it was a place of

evil resort, for Rupprecht, a mean, parsimonious old curmudgeon, was

fond of low company and spent most of his nights here, swallowing beer

and cracking jokes with his friends. One night the landlord, returning

from his cellar, heard a voice in the street asking for Rupprecht, and,

going up to the drinking saloon, conveyed the message. Rupprecht went

down to see his visitor and never returned. Within a minute deep groans

were heard as of a person in a fit or in extreme pain. All rushed

downstairs and found the old man lying in a pool of blood just inside

the front door. There was a gaping wound in his head, but he was not

unconscious, and kept repeating, "Wicked rogue! wicked villain! the axe!

the axe!"

[Illustration: "FOUND THE OLD MAN LYING IN A POOL OF BLOOD."]

The wound had been inflicted by some sharp instrument, possibly a sword

or sabre, wielded by a powerful hand. The victim must have been taken

unawares, when his back was turned. The theory constructed by the police

was that the murderer had waited within the porch out of sight, standing

on a stone bench in a dark corner near the street door; that Rupprecht,

finding no one to explain the summons, had looked out into the street

and then had made to go back into the house. After he had turned the

blow was struck. Thus not a scrap of a clue was left on the theatre of

the crime. But Rupprecht was still alive and able to answer simple

questions. A judge was summoned to interrogate him, and asked, "Who

struck you?" "Schmidt," replied Rupprecht. "Which Schmidt?" "Schmidt the

woodcutter." Further inquiries elicited statements that Schmidt had used

a hatchet, that he lived in the Most, that they had quarrelled some time

before. Rupprecht said he had recognised his assailant, and he went on

muttering, "Schmidt, Schmidt, woodcutter, axe." To find Schmidt was

naturally the first business of the police. The name was as common as

Smith is with us, and many Schmidts were woodcutters. Three Schmidts

were suspected. One was a known confederate of thieves; another had been

intimate, but afterwards was on bad terms, with Rupprecht: this was "Big

Schmidt"; the third, his brother, "Little Schmidt," also knew Rupprecht.

All three, although none lived in the Most, were arrested and confronted

with Rupprecht, but he recognised none of them; and he died next day,

having become speechless and unconscious at the last. Only the first

Schmidt seemed guilty; he was much agitated when interrogated, he

contradicted himself, and could give no good account of the employment

of his time when the offence was committed. Moreover, he had a hatchet;

it was examined and spots were found upon it, undoubtedly of blood. He

was brought into the presence of the dead Rupprecht, and was greatly

overcome with terror and agitation.

Yet after the first accusation he offered good rebutting evidence. He

explained the stain by saying he had a chapped hand which bled, and when

it was pointed out that this was the right hand, which would be at the

other end of the axe shaft, he was able in reply to prove that he was

left-handed. Again, the wound in the head was considerably longer than

the blade of the axe, and an axe cannot be drawn along after the blow.

The murderer's cries had been heard by the landlord, inquiring for

Rupprecht, but it was not Schmidt's voice. There was an _alibi_,

moreover, or as good as one. Schmidt was at his mother-in-law's, and

was known to have gone home a little before the murder; soon after it,

his wife found him in bed and asleep. If he had committed the crime he

must have jumped out of bed again almost at once, run more than a mile,

wounded Rupprecht, returned, gone back to bed and to sleep, all in less

than an hour. Further, it was shown by trustworthy evidence that this

Schmidt knew nothing of the murder after it had occurred.

The police drew blank also with "Big Schmidt" and "Little Schmidt,"

neither of whom had left home on the night of the murder. They were no

more successful with other Schmidts, although every one of the name was

examined, and it was now realised that the last delirious words of the

dying man had led them astray. But while hunting up the Schmidts it was

not forgotten by the police that Rupprecht had also cried out, "My

daughter! my daughter!" after he had been struck down. This might have

been from the desire to see her in his last moments. On the other hand,

he was estranged from this daughter, and he positively hated his

son-in-law. They were no doubt a cold-blooded pair, these Bieringers, as

they were called. The daughter showed little emotion when she heard her

father had been mortally wounded; she looked at him as he lay without

emotion, and had so little lost her appetite that she devoured a whole

basin of soup in the house. It was suspicious, too, that she tried to

fix the guilt on "Big Schmidt." Bieringer was a man of superior station,

well bred and well educated; and he lived on very bad terms with his

wife, who was coarse, vulgar, and of violent temper like her father; and

once at his instance she was imprisoned for forty-eight hours. Rupprecht

sided with his daughter, and openly declared that in leaving her his

money he would tie it up so tightly that Bieringer could not touch a

penny. This he had said openly, and it was twisted into a motive why

Bieringer should remove him before he could make such a will. But a

sufficient _alibi_ was proved by Bieringer; his time was accounted for

satisfactorily on the night of the murder. The daughter was absolved

from guilt, for even if she, a woman, could have struck so shrewd a

blow, it was not to her interest to kill a father who sided with her

against her husband and was on the point of making a will in her favour.

Other arrests were made, Rupprecht's maid reported that three troopers

belonging to the regiment in garrison had called on her master the very

day of the murder; one of them owed him money which he could not pay,

and the others, it was thought, had joined him in trying to intimidate

the usurer. But the case of these troopers, men who could handle the

very weapon that did the deed, broke down on clear proof that they were

elsewhere at the time of the murder. The one flaw in the otherwise acute

investigation was that the sabres of all the troopers had not been

examined before so much noise had been made about the murder. But from

the first attention had been concentrated on axes, wielded by

woodcutters, and the probable use of a sabre had been overlooked. After

the troopers, two other callers had come, and Rupprecht had given them a

secret interview. One proved to be the regimental master-tailor, who was

seeking a loan and had brought with him a witness to the transaction.

Their innocence also was clearly proved; and although many other persons

were arrested they were in all cases discharged.

[Illustration: "HER BODY ... WAS FOUND IN THE WATER" (p. 40).]

The murder of this Rupprecht has remained a mystery. The only plausible

suggestion was that he had been murdered by some aggrieved person, some

would-be borrower whom he had rejected, or some debtor who could not pay

and thought this the simplest way of clearing his obligation. The

authorities could not fix this on anyone, for Rupprecht made no record

of his transactions; he could neither read nor write, and kept all his

accounts "in his head." Only on rare occasions did he call in a

confidential friend to look through his papers when there was question

of arranging them or finding a note of hand. No one but Rupprecht

himself could have afforded the proper clue; and, as it was, he had led

the police in the wrong direction.

Numerous murder mysteries have been contributed by American criminal

records. Special interest attaches to the case of Mary Rogers, "the

pretty cigar seller" of New York, who was done to death by persons

unknown in 1840, because it formed the basis of Edgar Allan Poe's famous

story, "The Mystery of Marie Roget." The scene of that story is Paris,

but the murder was actually committed near New York. Mary Rogers had

many admirers, but her character was good, her conduct seemingly

irreproachable. She was supposed to have spent her last Sunday with

friends, but was seen with a single companion late that afternoon at a

little restaurant near Hoboken. As she never returned home her

disappearance caused much excitement, but at length her body, much

maltreated, was found in the water near Sybil's Cave, Hoboken. Many

arrests were made, but the crime was never brought home to anyone.

Poe's suggested solution, the jealous rage of an old lover returned from

sea, was no more than ingenious fiction. Among others upon whom

suspicion fell was John Anderson, the cigar merchant in whose employ

Mary Rogers was, and it was encouraged by his flight after the discovery

of the murder. But when arrested and brought back, he adduced what was

deemed satisfactory proof of an _alibi_. Anderson lived to amass

enormous wealth, and about the time of his death in Paris in 1881 the

evil reports of his complicity in the murder were revived, but nothing

new transpired. It was said that in his later years Anderson became an

ardent spiritualist, and that the murdered Mary Rogers was one among the

many spirits he communed with.

The murder of Mary Rogers was not the only unsolved mystery of its class

beyond the Atlantic. It was long antedated by that known as the

Manhattan Well Mystery. This murder occurred as far back as 1799, when

New York was little more than a village compared to its present size.

The Manhattan Company, now a bank, had then the privilege of supplying

the city with water. The well stood in an open field, and all

passers-by had free access to it. One day the pretty niece of a

respectable Quaker disappeared; she had left her home, it was said, to

be privately married, and nothing more was seen of her till she was

fished out of the Manhattan well. Some thought she had committed

suicide, but articles of her dress were found at a distance from the

well, including her shoes, none of which she was likely to have removed

and left there before drowning herself. Her muff, moreover, was found in

the water; why should she have retained that to the last? Suspicion

rested upon the man whom she was to have married, and who had called for

her in his sleigh after she had already left the house. This man was

tried for his life, but the case broke down, and the murder has always

baffled detection.

Later, in 1830, there was the mystery of Sarah M. Cornell, in which

suspicion fell upon a reverend gentleman of the Methodist persuasion,

who was acquitted. Again, in 1836, there was the murder of Helen Jewitt,

which was never cleared up; and more recently that of the Ryans, brother

and sister; while the murder of Annie Downey, commonly called "Curly

Tom," a New York flower-girl, recalls many of the circumstances of the

murders in Whitechapel.

A great crime that altogether baffled the New York police occurred in

1870, and is still remembered as an extraordinary mystery. It was the

murder of a wealthy Jew named Nathan, in his own house in Twenty-third

Street. He had come up from the country in July for a religious

ceremony, and slept at home. His two sons, who were in business, also

lived in the Twenty-third Street house. The only other occupant was a

housekeeper. The sons, returning late, one after the other, looked in on

their father and found him sleeping peacefully. No noise disturbed the

house during the night, but early next morning Mr. Nathan was found a

shapeless mass upon the floor; he had been killed with brutal violence,

and the weapon used, a ship carpenter's "dog," was lying close by the

body besmeared with blood and grey hairs. The dead man's pockets had

been rifled, and all his money and jewellery were gone; a safe that

stood in the corner of the bedroom had been forced and its contents

abstracted.

Various theories were started, but none led to the track of the

criminal. One of Mr. Nathan's sons was suspected, but his innocence was

clearly proved. Another person thought to be guilty was the son of the

resident housekeeper, but that supposition also fell to the ground. Some

of the police were of opinion that it was the work of an ordinary

burglar; others opposed this view, on the ground that the ship

carpenter's "dog" was not a housebreaking tool. One ingenious solution

was offered, and it may be commended to the romantic novelist; it was to

the effect that Mr. Nathan held certain documents gravely compromising

the character of a person with whom he had had business dealings, and

that this person had planned and executed the murder in order to become

repossessed of them. This theory had no definite support from known

fact; but Mr. Nathan was a close, secretive man, who kept all the

threads of his financial affairs in his own hands; and it was said that

no one in his family, not even his wife, was aware what his safe held or

what he carried in his pockets. It is worth noticing that this last

theory resembles very closely the explanation suggested as a solution of

the undiscovered murder of Rupprecht in Bavaria, which has been already

described.

There are one or two striking cases in the records of Indian crime of

murders that have remained undiscovered. Mr. Arthur Crawfurd[3]

describes that of an old Marwari money-lender, which repeats in some

particulars the cases of Rupprecht and Nathan. This usurer was reputed

to be very wealthy. His business was extensive, all his neighbours were

more or less in his debt, and, as he was a hard, unrelenting creditor,

he was generally detested throughout the district.

He lived in a mud-built house all on the ground floor. In front was the

shop where he received his clients, and in this room, visible from the

roadway, was a vast deed-box in which he kept papers, bills, notes of

hand, but never money. When he had agreed to make a loan and all

formalities were completed, he brought the cash from a secret receptacle

in an inner chamber. In this, his strong room, so to speak, which

occupied one corner at the back of the house, he slept. In the opposite

angle lived his granddaughter, a young widow, who kept house for him. He

was protected by a guard of two men in his pay, who slept in an outhouse

close by.

One night the granddaughter, disturbed by a strange noise in the old

man's sleeping place, rose, lit a lamp, and was on the point of entering

the bedroom when the usurer appeared at the door, bleeding profusely

from his mouth and nostrils; his eyes protruded hideously; he was

clearly in the last extremity, and fell almost at once to the ground.

The granddaughter summoned the watchmen, who only arrived in time to

hear a few last inarticulate sounds as their master expired. It was seen

afterwards at the _post-mortem_ that he had been partially smothered,

and subjected to great violence. His assailant must have knelt on him

heavily, for the ribs were nearly all fractured and had been forced into

the lungs.

The police arrived in all haste and made a thorough search of the

premises. It was soon seen that a hole had been made from outside

through the mud wall close by the old man's bed. The orifice was just

large enough to admit a man. There were no traces of any struggle save

the blood, which had flowed freely and inundated the mattress. Strange

to say, there had been no robbery. The money-lender's treasure chamber

was still secure, the lock intact, and all the money and valuables were

found untouched: many bags of rupees, a tin case crammed with currency

notes, and a package containing a considerable quantity of valuable

jewellery. Nor had the deed-box in the shop been interfered with.

The perpetrators of this murder were never discovered. The police,

hoping to entrap them in the not uncommon event of a return to the

theatre of the crime, established themselves secretly inside the house,

but not in the bedroom where the murder was accomplished. They were

right in their surmise, but the design failed utterly through their

culpable neglect. The bedroom, within a fortnight, was again entered,

and in precisely the same way, while the careless watchers slept

unconscious in the adjoining shop. The fair inference was that the

murderers had returned hoping to lay hands on some of the booty which

they had previously missed. But the old man's treasure had been removed,

and they went away disappointed and empty-handed, though unfortunately

they escaped capture.

The same authority, Mr. Arthur Crawfurd, gives another case that belongs

to the class of the New York murder of Mary Rogers

[Illustration: _Photo: Kapp & Co., Calcutta._

PRISONERS AT THE PRESIDENCY GAOL CALCUTTA.]

and our own Whitechapel murders. The body of a female was washed ashore

upon the rocks below the foot of Severndroog, in the South Konkan

district. The fact was reported to Mr. Crawfurd, who found the body of a

fine healthy young Mahomedan woman, who had not been dead for more than

a couple of hours. The only injury to be seen was a severe extended

wound upon one temple, which must have bled profusely, but was not,

according to the medical evidence, sufficient to cause death. It seemed

probable that she had been stunned by it and had fallen in the water, to

be drowned, or that she had been thrown from the cliffs above on to the

rocks, and, becoming unconscious, had slipped into the sea. She had, in

fact, been seen crossing the cliffs on the morning of her death, and was

easily recognised as the wife of a fisherman who lived in a village hard

by, the port of which was filled with small craft that worked coastwise

with goods and passengers, the only traffic of those days.

The only arrests made were those of two Europeans, soldiers, one an army

schoolmaster on his way up coast to Bombay, the other a sergeant about

to be pensioned; and both had been travelling by a coast boat which was

windbound a little below the fort. They had been landed in order to take

a little exercise, and had been forthwith stopped by a crowd of

suspicious natives, who charged them with the crime. Yet on examination

no blood stains were found upon their clothes, and nothing indicative of

a struggle; moreover, it was soon clearly proved that they had not been

put ashore till 10 a.m., whereas the dead body had been picked up before

8 a.m. Further inquiry showed that they were men of estimable character.

But nothing else was elucidated beyond a vague report that the woman's

husband had reason, or believed himself to have reason, to accuse her of

profligacy and had taken this revenge.

Another more recent Indian murder went near to being classed with the

undiscovered. That it was brought home to its perpetrators was due to

the keen intelligence of a native detective officer, the Sirdar Mir

Abdul Ali, of the Bombay police. This clever detective, of whom a

biography has appeared, belonged to the Bombay police, and his many

successes show how much the Indian police has improved of late years.

The murder was known as the Parel case. On the morning of the 24th of

November, 1887, a deal box was picked up on a piece of open marsh close

to the Elphinstone Station at Parel. Near it was an ordinary

counterpane. It was at first supposed that the box had been stolen from

the railway station, and the matter was reported to the police. An

officer soon reached the spot, and ascertained that the box, from which

an offensive smell issued, was locked and fastened. On breaking it open

the remains of a woman were found within, coiled up and jammed in

tightly, and in an advanced stage of decomposition. The face was so much

battered that its features were unrecognisable, but the dress, that of a

Mahomedan, might, it was hoped, lead to identification. According to

custom, the police gathered in thousands of people by beat of _battaki_,

or drum, but no one who viewed the corpse could recognise the clothes.

Moreover, there was no woman reported missing at the time from any house

in Bombay.

Abdul Ali shrewdly surmised either that the woman was a perfect stranger

or that she had been murdered at a distance, and the box containing her

remains had been brought into Bombay to be disposed of without

attracting attention. This box furnished the clue. Abdul Ali, following

out his idea of the stranger visitor, had caused search to be made

through the "rest houses," or _musafarkhanas_ of Bombay, and in one of

these the box was identified as the property of a Pathan, named Syed

Gool, who had but recently married an unknown young woman and had

apparently deserted her. At least, it came out that he had suddenly

taken ship for Aden, and had been accompanied by his daughter and a

friend, but not by his wife. Moreover, witnesses were now prepared to

swear that the clothes found on the corpse at Parel much resembled those

commonly worn by Syed Gool's young wife. The evidence was little more

than presumptive, but the head of the Bombay police persuaded the

Governor to telegraph to the Resident of Aden to look out for the three

passengers and arrest them on landing. They were accordingly taken into

custody and sent back to Bombay.

Even now the case would have been incomplete but for the confession of

one of the parties--Syed Gool's friend, who was known as Noor Mahomed.

This man, a confederate, on arrival at Bombay, made a clean breast of

the crime and was admitted as an approver; but for that the offence

might never have been brought home. Syed Gool, it appeared, had come

from Karachi only a little before, had put up at the _musafarkhana_ of

one Ismail Habib in Pakmodia Street, where he had presently married one

Sherif Khatum, whom he met in this same "rest house," and the whole

party had taken up their residence in another house in the same street.

Noor Mahomed went on to say that husband and wife soon quarrelled as to

the possession of the latter's jewels, and their differences so

increased in bitterness that Syed Gool resolved to murder the woman. He

effected his purpose, assisted by his friend, using a pair of long iron

pincers, with which he compressed her windpipe till she died of

suffocation. The rest of the crime followed a not unusual course: the

packing of the corpse in a wooden box which had been made to Syed Gool's

order by a carpenter, and its removal in a bullock cart to the

neighbourhood of the Elphinstone Station, where the murderers hired a

man to watch it for a few pence during their temporary absence. But they

had no intention of returning; indeed, they embarked at once on board

the Aden steamer, and the man left in charge of the box took it home

with him, where it remained till he was alarmed by the offensive smell

already mentioned. Then he prudently resolved to get rid of it by

removing it to the spot on which it was found.[4]

[Illustration: "THEY WERE ACCORDINGLY TAKEN INTO CUSTODY" (p. 46).]

The tale of undiscovered murders can never be ended, and additions are

made to it continually. In this country fresh cases crop up year after

year, and it would take volumes to catalogue them all. I will mention

but one or two more, merely to point the moral that the police are often

at fault still, even in these latter days of enlightened research, where

so much makes in favour of the law. Thus the Burton Crescent murder, in

December, 1878, must always be remembered against the police. An aged

widow, named Samuel, lived at a house in Burton Crescent, but she kept

no servant on the premises, and took in a lodger, although she was of

independent means. The lodger was a musician in a theatrical orchestra,

away most of the day, returning late to supper. One evening there was no

supper and no Mrs. Samuel, but on making search he found her dead body

in the kitchen, lying in a pool of blood. The police summoned a doctor

to view the corpse, and it was found that Mrs. Samuel had been battered

to death with the fragment of a hat-rail in which many pegs still

remained. The pocket of her dress had been cut off, and a pair of boots

was missing, but no other property. Nothing could have happened till

late in the afternoon, as three workmen, against whom there was

apparently no suspicion, were in the house till then, and the maid who

assisted in the household duties had left Mrs. Samuel alive and well at

4 p.m. Only one arrest was made, that of a woman, one Mary Donovan, who

was frequently remanded on the application of the police, but against

whom no sufficient evidence was forthcoming to warrant her committal for

trial. The Burton Crescent murder has remained a mystery to this day.

So has that of Lieutenant Roper, R.E., who was murdered at Chatham on

the 11th of February, 1881. This young officer, who was going through

the course of military engineering, was found lying dead at the bottom

of the staircase leading to his quarters in Brompton Barracks. He had

been shot with a revolver, and the weapon, six-chambered, was picked up

at a short distance from the body, one shot discharged, the remaining

five barrels still loaded with ball cartridges. The only presumption was

that the murderer's object was plunder, personal robbery. Mr. Roper had

left the mess at an earlier hour than usual, between 8 and 9 p.m., on

the plea that he had letters to write home announcing his approaching

arrival on short leave of absence. A brother officer accompanied him

part of the way to Brompton Barracks, but left him to attend some

entertainment, Roper declining to go at once, for the reason given, but

promising to join him later.

The unfortunate officer was quite unconscious when found, and although

he survived some forty minutes, he never recovered the power of speech,

so that he could give no indication as to his assailant. A poker

belonging to Mr. Roper was found by his side, and it was inferred that

he had entered his room before the attack, and had seized the poker as

the only instrument of self-defence within reach. Not the slightest clue

was ever obtained which would help to solve this mystery; rewards were

offered, but in vain, and the police had at last to confess themselves

entirely baffled. Mr. Roper was an exceedingly promising young officer;

he had but just completed his course of instruction with considerable

credit, and he was said to have been in perfect health and spirits on

the fatal evening, so that there was nothing whatever to support, and

indeed everything to discredit, any theory of suicide.

IX.--A GOOD WORD FOR THE POLICE.

Taking a general view of the case as between hunted and hunters, it may

be fairly considered that the ultimate advantage is with the latter. Let

it be remembered that we hear more of one instance of failure on the

part of the police than of ninety-nine successes. The failure is

proclaimed trumpet-tongued, the successes pass almost unnoticed into the

great garner of criminal reports and judicial or police statistics.

At the very least it must be said that we are bound, in common justice,

to give due credit to the ceaseless activity, the continual, painstaking

effort of the guardians of the public weal. Their methods are the

outcome of long and patient experience, developed and improved as time

passes, and they have deserved, if not always commanded, success. It may

be that the ordinary detective works a little too openly--at least, in

this country; that his face and, till lately, his boots were well known

in the circles generally frequented by his prey. Again, there may be at

times slackness in pursuit, neglect or oversight of early clues.

Well-meaning but obstinate men will not keep a perfectly open mind: they

may cling too long and too closely to a first theory, wresting their

opinions and forcing acquired facts to fit this theory, and so travel

farther and farther along the wrong road. "Shadowing" suspected persons

does not always answer, and may be carried too far; more, it may be so

clumsily done as to put the quarry on his guard and altogether defeat

the object in view. But to lay overmuch stress on such shortcomings as

these would surely savour of hypercriticism. It is more just to accept

with gratitude the overwhelming balance in favour of the police, and

give them the credit due to them for the results achieved.

[Illustration]

Part II.

JUDICIAL ERRORS.

CHAPTER I.

WRONGFUL CONVICTIONS.

Judge Cambo, of Malta--The D'Anglades--The Murder of Lady

Mazel--Execution of William Shaw for the Murder of his

Daughter--The Sailmaker of Deal and the alleged Murder of a

Boatswain--Brunell the Innkeeper--Du Moulin, the Victim of a Gang

of Coiners--The Famous Calas Case at Toulouse--Gross Perversion of

Justice at Nuremberg--The Blue Dragoon.

The criminal annals of all countries record cases of innocent persons

condemned by judicial process on grounds that seemed sufficient at the

time, but that ultimately proved mistaken. Where circumstantial evidence

is alone forthcoming, terrible errors have been committed, and when,

later, new facts are brought to light, the mischief has been done. There

is a family likeness in these causes of judicial mistake: strong

personal resemblance between the real criminal and another; strangely

suspicious facts confirming a first strong conjecture, such as the

suspected person having been near the scene of the crime, having let

drop incautious words, being found with articles the possession of which

has been misinterpreted or has given a wrong impression. Often a sudden

accusation has produced confusion, and consequently a strong presumption

of guilt. Or the accused, although perfectly innocent, has been weak

enough to invent a false defence, as in the case quoted by Sir Edward

Coke of a man charged with killing his niece. The accused put forward

another niece in place of the victim to show that the alleged murder had

never taken place. The trick was discovered, his guilt was assumed, and

he paid the penalty with his life. On the other hand, the deliberate

cunning of the real criminal has succeeded but too often in shifting the

blame with every appearance of probability upon other shoulders.

JUDGE CAMBO OF MALTA.

A curious old story of judicial murder, caused by the infatuation of a

judge, is to be found in the annals of Malta, when under the Knights,

early in the eighteenth century. This judge, Cambo by name, rising early

one morning, heard an affray in the street, just under his window.

Looking out, he saw one man stab another. The wounded man, who had been

flying for his life, reeled and fell. At this moment the assassin's cap

came off, and his face was for a moment fully exposed to the judge

above. Then, quickly picking up the cap, he ran on, throwing away the

sheath of his knife, and, turning into another street, disappeared.

While still doubtful how he should act, the judge now saw a baker,

carrying his loaves for distribution, approach the scene of the murder.

Before he reached the place where the corpse lay, he saw the sheath of

the stiletto, picked it up, and put it into his pocket. Walking on, he

came next upon the corpse. Terrified at the sight, and losing all

self-control, he ran and hid himself lest he should be charged with the

crime. But at that moment a police patrol entered the street, and saw

him disappearing just as they came upon the body of the murdered man.

They naturally concluded that the fugitive was the criminal, and made

close search for him. When they presently caught him, they found him

confused and incoherent, a prey to misgiving at the suspicious position

in which he found himself. He was searched, and the sheath of the

stiletto was discovered in his pocket. When tried, it was found that the

sheath exactly fitted the knife lying by the side of the corpse. The

baker was accordingly taken into custody and carried off to prison.

All this went on under the eyes of the judge, yet he did not interpose

to protect an innocent man. The police came and reported both murder and

arrest; still he said nothing. He was at the time the presiding judge in

the criminal court, and it was before him that the wretched baker was

eventually tried. Cambo was a dull, stupid person, and he now conceived

that he was forbidden to act from his own private knowledge in the

matter brought before him--that he must deal with the case according to

[Illustration: "SAW HIM DISAPPEARING JUST AS THEY CAME UPON THE BODY"

(p. 52).]

the evidence of the witnesses. So he sat on the Bench to hear the

circumstantial proofs against a man who he had no sort of doubt was

actually innocent. When he saw that the evidence was insufficient,

amounting to no more than _semi prova_, half-proof, according to Maltese

law, he used every endeavour to make the accused confess his crime.

Failing in this, he ordered the baker to be "put to the question," with

the result that the man, under torture, confessed to what he had not

done. Cambo was now perfectly satisfied; the accused, innocent in fact,

was guilty according to law, and having thus satisfied himself that his

procedure was right, he carried his strange logic to the end, and

sentenced the baker to death. "Horrible to relate," says the old

chronicle, "the hapless wretch soon after underwent the sentence of the

law."

[Illustration: TORTURE PINCERS, FROM THE CHÂTELET PRISON.[A]]

The sad truth came out at last, when the real murderer, having been

convicted and condemned for another crime, confessed that he was guilty

of the murder for which the baker had wrongly suffered. He appealed to

Judge Cambo himself to verify this statement, for he knew that the judge

had seen him. The Grand Master of the Knights of Malta now called upon

Judge Cambo to defend himself from this grave imputation. Cambo freely

admitted his action, but still held that he had only done his duty, that

he was really right in sending an innocent man to an ignominious death

sooner than do violence to his own legal scruples. The Grand Master was

of a more liberal mind, and condemned the judge to degradation and the

forfeiture of his office, ordering him at the same time to provide

handsomely for the family of his victim.

THE D'ANGLADES.

A very flagrant judicial error was committed in Paris towards the latter

end of the same century, mainly through the obstinate persistence of the

Lieutenant-General of Police in believing that he had discovered the

real perpetrators of a theft. Circumstantial evidence was accepted as

conclusive proof in spite of the unblemished character and the high

social position of the accused.

[Illustration: BRANDING IRONS, FROM THE CHÂTELET PRISON.[5]]

The Marquis d'Anglade and his wife lived in the same house with the

Comte and Comtesse de Montgomerie; it was in the Rue Royale, the best

quarter in Paris, and both kept good establishments. The Montgomeries

were the more affluent, had many servants, and a stable full of horses

and carriages. D'Anglade also kept a carriage, but his income was said

to be greatly dependent upon his winnings at the gaming table. The two

families were on terms of very friendly intercourse, frequently visited,

and accepted each other's hospitality. When the Comte and Comtesse went

to their country house, the D'Anglades often accompanied them.

[Illustration: FRENCH CONVICTS "EN CHAÎNE."

(_From a Drawing by Moanet._)]

It was to have been so on one occasion, but at the eleventh hour the

Marquis d'Anglade begged to be excused on the score of his wife's

indisposition. The Montgomeries went alone, but took most of their

servants with them. When they returned to Paris, a day earlier than they

were expected, they found the door of their apartments open, although it

had been locked when they left. A little later D'Anglade came in. Having

been supping with other friends, and hearing that the Montgomeries were

in the house, he went in to pay his respects. Madame d'Anglade joined

him, and the party did not break up till a late hour. There was no

suspicion of anything wrong then.

Next morning, however, the Comte de Montgomerie discovered that he had

been the victim of a great robbery. His strong box had been opened by a

false key, and thirteen bags of silver, amounting to 13,000 francs, and

11,000 francs in gold, had been abstracted, also a hundred louis d'or

coined in a new pattern, and a valuable pearl necklace. The police were

summoned, and their chief, the Lieutenant-General, declared that someone

resident in the house must be the thief. Suspicion seems to have

attached at once to the D'Anglades, although they readily offered to

allow their premises to be searched. The search was forthwith made, and

the whole of their boxes, the beds and cupboards, and all receptacles in

the rooms they occupied, were thoroughly ransacked. Only the garrets

remained, and D'Anglade willingly accompanied the officers thither. His

wife, being ill and weak, remained downstairs.

Here, in the garret, the searchers came upon seventy-five louis d'or of

the kind above mentioned, wrapped in a scrap of printed paper part of a

genealogical table, which Montgomerie at once identified as his. The

police now wished to fix the robbery on the D'Anglades, and their

suspicions were strengthened by the poor man's confusion when desired,

as a test, to count out the money before them all. He was trembling, a

further symptom of guilt. However, when the basement was next examined,

the part occupied by the Montgomerie servants, evidence much more

incriminatory was obtained against the latter. In the room where they

slept, five of the missing bags of silver were found, all full, and a

sixth nearly so. None of these servants was questioned, yet they were as

likely to be guilty as the accused, more so indeed. But the police

thought only of arresting the D'Anglades, one of whom was imprisoned in

the Châtelet, the other in the Fors l'Evêque prison.

The prosecution was of the most rancorous and pitiless kind. Those who

sat in the seat of justice prejudiced the case in D'Anglade's disfavour,

and, as he still protested his innocence, ordered him to suffer torture

so as to extort confession. He remained obdurate to the last, was

presently found guilty, although on this incomplete evidence, and was

sentenced to the galleys for life, and his wife to be banished from

Paris, with other penalties and disabilities. D'Anglade was condemned to

join the _chaîne_, the gang of convicts drafted to Toulon, and, having

suffered inconceivably on the road, he died of exhaustion at Marseilles.

His wife was consigned to an underground dungeon, where she was confined

of a girl, and both would have succumbed to the rigours of their

imprisonment, when suddenly the truth came out, and they were released

in time to escape death.

An anonymous letter reached a friend of the D'Anglades, coming from a

man who was about to turn monk, being torn by remorse, which gave him no

rest. This man had been one of several confederates, and he declared

that he knew the chief agent in the theft to have been the Comte de

Montgomerie's almoner, a priest called Gaynard, who had stolen the

money, aided by accomplices, mainly by one Belestre, who, from being in

great indigence, had come to be suddenly and mysteriously rich. Gaynard

and Belestre were both already in custody for a street brawl, and when

interrogated they confessed. Gaynard had given impressions of the

Comte's keys to Belestre, who had had false keys manufactured which

opened the strong box. Belestre was also proved to be in possession of a

fine pearl necklace.

The true criminals were now examined and subjected to torture, when they

completely exonerated D'Anglade. The innocent marquis could not be

recalled to life, but a large sum was subscribed, some £4,000, for his

wife, as a slight compensation for the gross injustice done her. The

Comte de Montgomerie was also ordered to make restitution of the

property confiscated, or to pay its equivalent in money.

LADY MAZEL.

One of the earliest of grave judicial blunders to be found in French

records is commonly called the case of Lady Mazel, who was a lady of

rank, living in a large mansion, of which she occupied two floors

herself: the ground floor as reception-rooms, the first floor as her

bedroom and private apartments. The principal door of her bedroom shut

from the inside with a spring, and when the lady retired for the night

there was no access from without, except by a special key which was

always left on a chair _within_ the chamber. Two other doors of her room

opened upon a back staircase, but these were kept constantly locked. On

the second floor was lodged the family chaplain only; above, on the

third floor, were the servants.'

One Sunday evening the mistress supped with the abbé as was her general

practice; then went to her bedroom, where she was attended by her

waiting-maids. Her butler, by name Le Brun, came to take her orders for

the following day, and then, when the maids withdrew, leaving the key on

the chair inside as usual, he also went away, shutting the spring door

behind him.

Next morning there was no sign of movement from the lady, not at seven

a.m. (her time for waking), nor yet at eight--she was still silent, and

had not summoned her servants. Le Brun, the butler, and the maids began

to be uneasy, and at last the son of the house, who was married and

lived elsewhere, was called in. He expressed his fears that his mother

was ill, or that worse had happened, and a locksmith was called in, and

the door presently broken open.

[Illustration: "MY MISTRESS HAS BEEN MURDERED!"]

Le Brun was the first to enter, and he ran at once to the bedside.

Drawing aside the curtains, he saw a sight which made him cry aloud, "My

mistress has been murdered!" and this exclamation was followed by an act

that afterwards went against him. He opened the wardrobe and took out

the strong box. "It is heavy," he said; "at any rate there has been no

robbery." The murder had been committed with horrible violence. The poor

woman had fought hard for life; her hands were all cut and lacerated,

and there were quite fifty wounds on her body. A clasp knife, much

discoloured, was found in the ashes of the fire. Among the bedclothes

they picked up a piece of a coarse lace cravat, and a napkin bearing the

family crest, twisted into a nightcap. The key of the bedroom door,

which had been laid on the chair, had disappeared. Nothing much had been

stolen. The jewels were untouched, but the strong box had been opened

and some of the gold abstracted.

Suspicion fell at once upon the butler, Le Brun. The story he told was

against himself. He said that after leaving his mistress he went down

into the kitchen and fell asleep there. When he awoke he found, to his

surprise, the street-door wide open. He shut it, locked it, and went to

his own bed. In the morning he did his work as usual until the alarm was

given; went to market, called to see his wife, who lived near by, and

asked her to lock up some money, gold crowns and louis d'or, for him.

This was all he had to tell, but on searching him a key was found in his

pocket: a false or skeleton key, the wards of which had been newly

filed, and it fitted nearly all the locks in the house, including the

street-door, the antechamber, and the back door of the lady's bedroom.

The napkin nightcap was tried on his head and fitted him exactly. He was

arrested and shortly afterwards put upon his trial.

It was not alleged that he had committed the murder himself. No blood

had been found on any of his clothes, although there were scratches on

his person. A shirt much stained with blood had been discovered in the

loft, but it did not fit Le Brun, nor was it like any he owned. Nor did

the scrap of coarse lace correspond with any of his cravats; on the

contrary, a maid-servant stated that she thought she recognised it as

belonging to one she had washed for Berry, once a footman in the house.

The supposition was that Le Brun had let some accomplice into the house,

who had escaped after effecting his purpose. This was borne out by the

state of the doors, which showed no signs of having been forced, and by

the discovery of Le Brun's false key.

Le Brun was a man of exemplary character, who had served the family

faithfully for twenty-nine years, and was "esteemed a good husband, a

good father, and a good servant," yet the prosecution seemed satisfied

he was guilty and put him to the torture. In the absence of real proofs

it was hoped, after the cruel custom of the time, to force

self-condemnatory admissions from the accused. The "question

extraordinary" was applied, and the wretched man died on the rack,

protesting his innocence to the last.

[Illustration: THE TORTURE OF THE RACK.]

A month later the real culprit was discovered. The police of Sens had

arrested a horse-dealer named Berry, the man who had been in Lady

Mazel's service as a lackey, but had been discharged. In his possession

was a gold watch proved presently to have belonged to the murdered

woman. He was carried to Paris, where he was recognised by someone who

had seen him leaving Lady Mazel's house on the night she was murdered,

and a barber who shaved him next morning deposed to having seen that his

hands were much scratched. Berry said that he had been killing a cat.

Put to the torture prior to being broken on the wheel, he made full

confession. At first he implicated the son and daughter-in-law of Lady

Mazel, but when at the point of death he retracted the charge, and said

that he had returned to the house with the full intention of committing

the murder. He had crept in unperceived on the Friday evening, had

gained the loft on the fourth floor, and had lain there concealed until

Sunday morning, subsisting the while on apples and bread. When he knew

the mistress had gone to mass he stole down into her bedroom, where he

tried to conceal himself under the bed. It was too low, and he returned

to the garret and slipped off his coat and waistcoat, and found now that

he could creep under the bed. His hat was in his way, so he made a cap

of the napkin. He lay hidden till night, then came out, and having

secured the bell ropes, he roused the lady and demanded her money. She

resisted bravely, and he stabbed her repeatedly until she was dead. Then

he took the key of the strong box, opened it, and stole all the gold he

could find; after which, using the bedroom key which lay on the chair by

the door, he let himself out, resumed his clothes in the loft, and

walked downstairs. As the street-door was only bolted he easily opened

it, leaving it open behind him. He had meant to escape by a rope ladder

which he had brought for the purpose of letting himself down from the

first floor, but it was unnecessary.

It may be remarked that this confession was not inconsistent with Le

Brun's complicity. But it is to be presumed that Berry would have

brought in Le Brun had he been a confederate, even although it could not

have lessened his own guilt or punishment.

WILLIAM SHAW.

In Britain the list of judicial blunders includes the case of William

Shaw, convicted of the murder of his daughter in Edinburgh simply on the

ground of her own outcry against his ill-usage. They were on bad terms,

the daughter having encouraged the addresses of a man whom he strongly

disliked as a profligate and a debauchee. One evening there was a fresh

quarrel between father and daughter, and bitter words passed which were

overheard by a neighbour. The Shaws occupied one of the tenement houses

still to be seen in Edinburgh, and their flat, the prototype of a modern

popular form of residence in Paris and London, adjoined that of a man

named Morrison.

The words used by Catherine Shaw startled and shocked Morrison. He

heard her repeat several times, "Cruel father, thou art the cause of my

death!" These were followed by awful groans. Shaw had been heard to go

out, and the neighbours ran to his door demanding admittance. As no one

opened and all was now silent within, a constable was called to force an

entrance, and the girl was found weltering in her blood, with a knife by

her side. She was questioned as to the words overheard, was asked if her

father had killed her, and she was just able to nod her head in the

affirmative, as it seemed.

Now William Shaw returned. All eyes were upon him; he turned pale at

meeting the police and others in his apartment, then trembled violently

as he saw his daughter's dead body. Such manifest signs of guilt fully

corroborated the deceased's incriminating words. Last of all, it was

noticed with horror that there was blood on his hands and on his shirt.

He was taken before a magistrate at once, and committed for trial. The

circumstances were all against him. He admitted in his defence the

quarrel, and gave the reason, but declared that he had gone out that

evening leaving his daughter unharmed, and that her death could only be

attributed to suicide. He explained the bloodstains by showing that he

had been bled some days before and that the bandage had become untied.

The prosecution rested on the plain facts, mainly on the girl's words,

"Cruel father, thou art the cause of my death!" and her implied

accusation in her last moments.

Shaw was duly convicted, sentenced, and executed at Leith Walk in

November, 1721, with the full approval of public opinion. Yet the

innocence which he still maintained on the scaffold came out clearly the

following year. The tenant who came into occupation of Shaw's flat found

there a paper which had slipped down an opening near the chimney. It was

a letter written by Catherine Shaw, as was positively affirmed by

experts in handwriting, and it was addressed to her father, upbraiding

him for his barbarity. She was so hopeless of marrying him whom she

loved, so determined not to accept the man her father would have forced

upon her, that she had decided to put an end to the existence which had

become a burden to her. "My death," she went on, "I lay to your charge.

When you read this, consider yourself as the inhuman wretch that plunged

the knife into the bosom of the unhappy Catherine Shaw!"

This letter, on which there was much comment, came at last into the

hands of the authorities, who, having satisfied themselves that it was

authentic, ordered the body of Shaw to be taken down from the gibbet

where it still hung in chains and to be decently interred. As a further

but somewhat empty reparation of his honour, a pair of colours was waved

over his grave.

[Illustration: THE PRESS-GANG AT WORK (p. 64).]

THE SAILMAKER AND THE BOATSWAIN.

A still more curious story is that of a sailmaker who many years ago

went to spend Christmas with his mother near Deal. On his way he spent a

night at an inn at Deal, and shared a bed with the landlady's uncle,

the boatswain of an Indiaman, who had just come ashore. In the morning

the uncle was missing, the bed was saturated with blood, and the young

sailmaker had disappeared. The bloodstains were soon traced through the

house, and beyond, as far as the pier-head. It was naturally concluded

that the boatswain had been murdered and his body thrown into the sea. A

hue-and-cry was at once set up for the young man, who was arrested the

same evening in his mother's house.

He was taken red-handed, with ample proofs of his guilt upon him. His

clothes were stained with blood; in his pockets were a knife and a

strange silver coin, both of which were sworn to most positively as the

property of the missing boatswain. The evidence was so conclusive that

no credence could be given to the prisoner's defence, which was

ingenious but most improbable. His story was that he woke in the night

and asked the boatswain the way to the garden, that he could not open

the back door, and borrowed his companion's clasp-knife to lift the

latch. When he returned to bed the boatswain was gone; why or where he

had no idea.

The youth was convicted and sent to the gallows, but by strange fortune

he escaped death. The hanging was done so imperfectly that his feet

touched the ground, and when taken down he was soon resuscitated by his

friends. They made him leave as soon as he could move, and he went down

to Portsmouth, where he engaged on board a man-of-war about to start for

a foreign station. On his return from the West Indies three years later

to be paid off, he had gained the rating of a master's mate, and gladly

took service on another ship. The first person he met on board was the

boatswain he was supposed to have murdered!

The explanation given was sufficiently strange. On the day of his

supposed murder the boatswain had been bled by a barber for a pain in

the side. During the absence of his bedfellow the bandage had come off

his arm, which bled copiously, and he got up hurriedly to go in search

of the barber. The moment he got into the street he was seized by a

press-gang and carried off to the pier. There a man-of-war's boat was in

waiting, and he was taken off to a ship in the Downs, which sailed

direct for the East Indies. He never thought of communicating with his

friends; letter-writing was not much indulged in at that period.

Doubts have been thrown upon this story, which rests mainly upon local

tradition. As no body was found, it does not seem probable that there

would be a conviction for murder. Of the various circumstances on which

it was based, that of the possession of the knife was explained, but not

the possession of the silver coin. It has been suggested that when the

sailmaker took it out of the boatswain's pocket the coin had stuck

between the blades of the knife.

BRUNELL THE INNKEEPER.

The astute villainy of a criminal in covering up his tracks was never

more successful than in the case of Brunell, the innkeeper at a village

near Hull. A traveller was stopped upon the road and robbed of a purse

containing twenty guineas. But he pursued his journey uninjured, while

the highwayman rode off in another direction.

Presently the traveller reached the Bell Inn, kept by Brunell, to whom

he recounted his misadventure, adding that no doubt the thief would be

caught, for the stolen gold was marked, according to his rule when

travelling. Having ordered supper in a private room, the gentleman was

soon joined by the landlord, who had heard the story, and now wished to

learn at what hour the robbery took place.

"It was just as night fell," replied the traveller.

"Then I can perhaps find the thief," said the landlord. "I strongly

suspect one of my servants, John Jennings by name, and for the following

reason. The man has been very full of money of late. This afternoon I

sent him out to change a guinea. He brought it back saying he could not

get the change, and as he was in liquor I was resolved to discharge him

to-morrow. But then I was struck with the curious fact that the guinea

was not the same as that which I had given, and that it was marked. Now

I hear that those you lost were all marked, and I am wondering whether

this particular guinea was yours."

"May I see it?" asked the traveller.

"Unfortunately I paid it away not long since to a man who lives at a

distance, and who has gone home. But my servant Jennings, if he is the

culprit, will probably have others in his possession. Let us go and

search him."

They went to Jennings's room and examined his pockets. He was in a deep

drunken sleep, and they came without difficulty upon a purse containing

nineteen guineas. The traveller recognised his purse, and identified by

the mark his guineas. The man was roused and arrested on this seemingly

conclusive evidence. He stoutly denied his guilt, but was sent for trial

and convicted. The case was thought to be clearly proved. Although the

prosecutor could not swear to the man himself, as the robber had been

masked, he did to his guineas. Again, the prisoner's master told the

story of his substitution of the marked for the other coin; while the

man to whom the landlord had paid the marked guinea produced it in

court. A comparison with the rest of the money left no doubt that these

guineas were one and the same.

The unfortunate Jennings was duly sentenced to death, and executed at

Hull. Yet, within a twelvemonth, it came out that the highwayman was

Brunell himself. The landlord had been arrested on a charge of robbing

one of his lodgers, and convicted; but he fell dangerously ill before

execution. As he could not live, he made full confession of his crimes,

including that for which Jennings had suffered.

It seemed that he had ridden sharply home after the theft, and, finding

a debtor had called, gave him one of the guineas, not knowing they were

marked. When his victim arrived and told his story, Brunell became

greatly alarmed. Casting about for some way of escape, he decided to

throw the blame on his servant, whom he had actually sent out to change

a guinea, but who had failed, as we know, and had brought back the same

coin. As Jennings was drunk, Brunell sent him to bed, and then easily

planted the incriminating purse in the poor man's clothes. No sort of

indemnity seems to have been paid to Jennings's relations or friends.

DU MOULIN'S CASE.

Of the same class was the conviction of a French refugee, Du Moulin, who

had fled to England from the religious persecutions in his own country.

He brought a small capital with him, which he employed in buying goods

condemned at the Custom-house, disposing of them by retail. The business

was "shady" in its way, as the goods in question were mostly smuggled,

but Du Moulin's honesty was not impeached until he was found to be

passing false gold. He made it a frequent practice to return money paid

him by his customers, declaring it was bad. The fact could not be

denied, but the suspicion was that he had himself changed it after the

first payment; and this happened so often that he presently got into

disrepute, losing both his business and his credit. The climax came when

he received a sum of £78 in guineas and Portugal gold, and "scrupled,"

or questioned, several of the pieces. But he took them, giving his

receipt. In a few days he brought back six coins, which he insisted were

of base metal. His client Harris as positively declared that they were

not the same as those he had paid. Then there was a fierce dispute. Du

Moulin was quite certain; he had put the whole £78 into a drawer and

left the money there till he had to use it, when part of it was at once

refused. Harris continued to protest, threatening Du Moulin with a

charge of fraud, but presently he paid. He lost no opportunity, however,

of exposing Du Moulin's conduct, doing so so often, and so libellously,

that the other soon brought an action for defamation of character.

[Illustration: _Photo: Cassell & Co., Ltd._

COINERS' MOULD IN THE BLACK MUSEUM, ONE IN SEPARATE PARTS, THE OTHER

CLOSED AND HELD IN POSITION BY A SPRING.]

This drove Harris to set the law in motion also, on his own

information, backed by the reports of others on whom Du Moulin had

forced false money. A warrant was issued against the Frenchman, his

house was searched, and in a secret drawer all the apparatus of a

counterfeiter of coin was discovered--files, moulds, chemicals, and many

implements. This evidence was damnatory; his guilt seemed all the more

clear from the impudence with which he had assailed Harris and his

insistence in passing the bad money. Conviction followed, and he was

sentenced to death. But for a mere accident, which brought about

confession, he would certainly have suffered on the scaffold.

A day or two before he was to have been executed, one Williams, a seal

engraver, was thrown from his horse and killed, whereupon his wife fell

ill, and in poignant remorse confessed that her husband was one of a

gang of counterfeiters, and that she helped him by "putting off" the

coins. One of the gang hired himself as servant to Du Moulin, and, using

a whole set of false keys, soon became free of all drawers and

receptacles, in which he planted large quantities of false money,

substituting them for an equal number of good pieces.

The members of this gang were arrested and examined separately. They

altogether repudiated the charge, but Du Moulin's servant was

dumbfounded when some bad money was found in his quarters. On this he

turned king's evidence, and his accomplices were convicted.

CALAS.

A case in which "justice" was manifestly unjust is that of the shameful

prosecution and punishment of Calas, a judicial murder begun in wicked

intolerance and carried out with almost inconceivable cruelty.

Bitter, implacable hatred of the Protestant or Reformed faith and all

who professed it survived in the South of France till late in the

eighteenth century. There was no more bigoted city than Toulouse, which

had had its own massacre ten years before St. Bartholomew, and

perpetuated the memory of this "deliverance," as it was called, by

public fêtes on its anniversary. It was on the eve of the fête of 1761

that a terrible catastrophe occurred in the house of one Jean Calas, a

respectable draper, who had the misfortune to be a heretic--in other

words, a criminal, according to the ideas of Toulouse.

Marc Antoine Galas, the eldest son of the family, was found in a

cupboard just off the shop, hanging by the neck, and quite dead. The

shocking discovery was made by the third brother, Pierre. It was then

between nine and ten p.m.; he had gone downstairs with a friend who had

supped with them, and had come suddenly upon the corpse.

The alarm was soon raised in the town, and the officers of the law

hastened to the spot. In Toulouse the police was in the hands of the

_capitouls_, functionaries akin to the sheriffs and common councillors

of a corporation, and one of the leading men among them just then was a

certain David de Beaudrigue, who became the evil genius of this

unfortunate Calas family. He was bigoted, ambitious, self-sufficient,

full of his own importance, fiercely energetic in temperament, and

undeviating in his pursuit of any fixed idea.

[Illustration: MEDALS STRUCK IN COMMEMORATION OF THE ST. BARTHOLOMEW

MASSACRE.

1. Obverse, Pope Gregory XIII. Reverse, Angel smiting Protestants.

2. Obverse, Charles IX. Reverse, The King as Hercules slaying

the hydra of heresy.

3. Obverse, Charles IX. Reverse, The King on his throne.

]

Now, when called up by the watch and told of the mysterious death of

Marc Antoine Calas, he jumped to the conclusion that it was a murder,

and that the perpetrator was Jean Calas; in other words, that Calas was

a parricide. The motives of the crime were not far to seek, he thought.

One Calas son had already abjured the Protestant for the true faith,

this now dead son was said to have been anxious to go over, and the

father was resolved to prevent it at all cost. It was a commonly

accepted superstition in those dark times that the Huguenots would

decree the death of any traitors to their own faith.

Full of this baseless prepossession, De Beaudrigue thought only of what

would confirm it. He utterly neglected the first duty of a police

officer: to seek with an unbiassed mind for any signs or

[Illustration: THE CALAS FAMILY.

(_From the Picture by L. C. Carmontelli._)]

indications that might lead to the detection of the real criminals. He

should have at once examined the wardrobe in which the body was found

pendent; the shop close at hand, the passage that led from it through a

small courtyard into the back street. It was perfectly possible for

ill-disposed people to enter the shop from the front street and escape

by this passage, and possibly they might leave traces behind them.

De Beaudrigue thought only of securing those whom he already in his own

mind condemned as guilty, and hurrying upstairs found the Calas, husband

and wife, whom he at once arrested; Pierre Calas, whom he also

suspected, was given in charge of two soldiers; the maid-servant, too,

was taken, as well as two friends of the family who happened to be in

the house at the time. When another _capitoul_ mildly suggested a little

less precipitation, De Beaudrigue replied that he would be answerable,

and that he was acting in a holy cause.

The whole party was carried off to gaol. When the elder Calas asked to

be allowed to put a candlestick where he might find it easily on his

return, he was told sardonically, "You will not return in a hurry." The

request and its answer went far to produce a revulsion in his favour

when the facts became known. The wretched man never re-entered his

house, but he passed it on his way to the scaffold and knelt down to

bless the place where he had lived happily for many years, and from

which he had been so ruthlessly torn.

On the way to gaol the prisoners were greeted with yells and

execrations. It was already taken for granted that they had murdered

Marc Antoine. Arrived at the Hôtel de Ville, there was a short halt

while the accusation was prepared charging the whole party as principals

or accessories. An interrogatory followed which was no more than a

peremptory summons to confess. "Come," said the _capitoul_ to Pierre,

"confess you killed him." Denial only exasperated De Beaudrigue, who

began at once to threaten Calas and the rest with the torture.

There was absolutely no evidence whatever against the accused, and in

the absence of it recourse was had to an ancient ecclesiastical

practice, the _monitoire_, a solemn appeal made to the religious

conscience of all who knew anything to come forward and declare it. This

notice was affixed to the pulpits of churches and in street corners. It

assumed the guilt of the Calas family quite illegally, because without

the smallest proof, and it warned everyone to come forward and speak,

whether from hearsay or of their own knowledge. Nothing followed the

_monitoire_, so these pious sons of the Church went a step farther and

obtained a _fulmination_; a threat to excommunicate all who could speak

yet would not. This was duly launched, and caused great alarm. Religious

sentiment had reached fever pitch. The burial of Marc Antoine with all

the rites of the Church was a most imposing ceremony. He lay in state.

The catafalque bore a notice to the effect that he had abjured heresy.

He was honoured as a martyr; a little more and he would have been

canonised as a saint.

[Illustration: IRON CHAIR IN WHICH CALAS IS SAID TO HAVE BEEN TORTURED,

NOW IN THE POSSESSION OF MADAME TUSSAUD & SONS, LIMITED.]

Still, nothing conclusive was forthcoming against the Calas. One or two

witnesses declared that they had heard disputes, swore to piteous

appeals made to the father by the dead son, to cries such as "I am being

strangled!" "They are murdering me!" and this was all. It was all for

the prosecution; not a word was heard in defence. The Protestant friends

of the family were not competent to bear witness; the accused, moreover,

were permitted to call no one. It would be hard to credit the

disabilities still imposed upon the French Huguenots were it not that

the laws in England against Roman Catholics at that time were little

less severe. In France all offices, all professions were interdicted to

Protestants. They could not be ushers or police agents, they were

forbidden to trade as printers, booksellers, watchmakers, or grocers,

they must not practise as doctors, surgeons, or apothecaries.

Although there was no case, the prosecution was obstinately persisted

in, not merely because the law officers were full of prejudice, but

because, if they failed to secure conviction, they would be liable to a

counter action for their high-handed abuse of legal powers. As has been

said, no pains were taken at the first discovery of the death to examine

the spot or investigate the circumstances. It was all the better for the

prosecution that nothing of the kind was done. Had the police approached

the matter with an open mind, judging calmly from the facts apparent,

they would have been met at once by an ample, nay, overwhelming--explanation.

There can be no doubt that Marc Antoine Calas committed suicide. The

proofs were plain. This eldest son was a trouble to his parents, ever

dissatisfied with his lot, disliking his father's business, eager to

take up some other line, notably that of an advocate. Here, however, he

encountered the prejudice of the times, which forbade this profession to

a Protestant; and it was his known dissatisfaction with this law that

led to the conjecture--and there was little else--that he wished to

abjure his faith. At last Marc Antoine offered to join his father, but

was told that until he learnt the business and showed more aptitude he

could not hope for a partnership. From this moment he fell away, took to

evil courses, frequented the worst company, was seen at the billiard

tables and tennis courts of Toulouse, and became much addicted to

gambling. When not given to debauchery he was known as a silent, gloomy,

discontented youth, who quarrelled with his lot and complained always of

his bad luck. On the very morning of his death he had lost heavily--a

sum of money entrusted him by his father to exchange from silver into

gold.

All this pointed to the probability of suicide. The Calas themselves,

however, would not hear of any such solution. Suicide was deemed

disgraceful and dishonourable. Sooner than suggest suicide, the elder

Calas was prepared to accept the worst. One of the judges was strongly

of opinion that it was clearly a case of

[Illustration: JEAN CALAS TAKING LEAVE OF HIS FAMILY.

(_From the Painting by D. Chodswiecke, 1768._)]

_felo de se_, but he was overruled by the rest, who were equally

convinced of the guilt of the Calas. Not a single witness of the 150

examined could speak positively; not one had seen the crime committed;

they contradicted each other, and their statements were improbable and

opposed to common sense. Moreover, the murder was morally and physically

impossible. Was it likely that a family party collected round the

supper-table would take one of their number downstairs and hang him?

Could such wrong be done to a young and vigorous man without some sort

of struggle that would leave its traces on himself and in the scene

around?

But the bigoted and prejudiced judges of Toulouse gave judgment against

the accused; yet, although so satisfied of their guilt, they ordered the

torture to be applied to extort full confession. The prisoners

appealing, the case was heard in the local parliament, and the first

decision upheld. Thirteen judges sat; of these, seven were for a

sentence of death, three for preliminary torture, two voted for a new

inquiry based on the supposition of suicide, one alone was for

acquittal. As this was not a legal majority, one dissident was won over,

and sentence of death was duly passed on Calas, who was to suffer

torture first, in the hope that by his admissions on the rack the guilt

of the rest might be assured.

The sentence was executed under circumstances so horrible and

heartrending that humanity shudders at hearing them. Calas was taken

first to the question chamber and put "upon the first button." There,

being warned that he had but a short time to live and must suffer

torments, he was sworn and exhorted to make truthful answer to the

interrogatories, to all of which, after the rack had been applied, he

replied denying his guilt. He was then put "upon the second button"; the

torture increased, and still he protested his innocence. Last of all, he

was subjected to the question extraordinary, and being still firm, he

was handed over to the reverend father to be prepared for death. He

suffered on the wheel, being "broken alive"; the process lasted two

whole hours, but at the end of that time the executioner put him out of

his misery by strangling him. When asked for the last time, on the very

brink of the grave, to make a clean breast of his crime and give up the

names of his confederates, he only answered, "Where there has been no

crime there can be no accomplices." His constancy won him the respect

of all who witnessed his execution. "He died," said a monk "like one of

our Catholic martyrs."

[Illustration: VOLTAIRE.

(_From the Picture by Largillière._)]

This noble end caused deep chagrin to his judges; they were consumed

with secret anxiety, having hoped to the last that a full confession

would exonerate them from their cruelty. At Toulouse there had been a

fresh outburst of fanaticism, in which more lives were lost; and now,

the news of Calas' execution reaching the city, open war was declared

against all Huguenots. But a reaction was at hand, caused by the very

excess of this religious intolerance. The terrible story began to

circulate through France and beyond. The rest of the accused had been

released, not without reluctance, by the authorities of Toulouse, but

Pierre Calas had been condemned to banishment. Another brother had

escaped to Geneva, where he met with much sympathy.

The feeling in other Protestant countries was intense, and loud protests

were published. But the chief champion and vindicator of the Calas

family was Voltaire, who seized eagerly at an opportunity of attacking

the religious bigotry of his countrymen. He soon raised a storm through

Europe, writing to all his disciples, denouncing the judges of Toulouse,

who had killed an innocent man. "Everyone is up in arms. Foreign

nations, who hate us and beat us, are full of indignation. Nothing since

St. Bartholomew has so greatly disgraced human nature."

Voltaire bent all the powers of his great mind to collecting evidence

and making out a strong case. The Encyclopædists, with d'Alembert at

their head, followed suit. All Paris, all France grew excited. The widow

Calas was brought forward to make a fresh appeal to the king in council.

The whole case was revived in a lengthy and tedious procedure, and in

the end it was decided to reverse the conviction. "There is still

justice in the world!" cried Voltaire--"still some humanity left.

Mankind are not all villains and scoundrels."

Three years after the judicial murder of Jean Calas all the accused were

formally pronounced innocent, and it was solemnly declared that Jean

Calas was illegally done to death. But the family were utterly ruined,

and, although entitled to proceed against the judges for damages, they

had no means to go to law. The Queen said the French wits had drunk

their healths, but had given them nothing to drink in return.

It is satisfactory to know, however, that some retribution overtook the

principal mover in this monstrous case. The fierce fanatic, David de

Beaudrigue, was dismissed from all his offices, and being threatened

with so many lawsuits, he went out of his mind. He was perpetually

haunted with horrors, always saw the scaffold and the executioner at his

grisly task, and at last, in a fit of furious madness, he threw himself

out of the window. The first time he escaped death, but he made another

attempt, and died murmuring the word "Calas" with his last breath.

A GROSS PERVERSION OF JUSTICE AT NUREMBERG.

On the 30th of January, 1790, at five o'clock in the morning, the

Nuremberg merchant Johann Marcus Sterbenk was awakened by his maid with

the unpleasant news that his house had been broken into and the

counting-house robbed of its strong-box, containing the sum of 2,000

gulden. It was a heavy iron strong-box, standing on four legs, and was

painted in dark green stripes and ornamented on the top surface and lock

with leaves and flowers. The sum stolen meant a small fortune in those

days. The counting-house had a window which looked out on to the

staircase, and some ten days before, when the key of the door had been

mislaid, it had been necessary to remove a pane of glass from the window

in order to reach the door from within. On getting to his

counting-house, the merchant found that the pane of glass had again been

removed, and that the door of the room was standing open. The main front

door also was open, although the maid had declared that she had bolted

it securely the evening before.

The robbery had clearly been the work of someone who knew the locality

well; yet, although several people swore to having seen

suspicious-looking men in the neighbourhood about two o'clock in the

morning, they were unable to identify or describe them, and for a time

justice was at fault.

Suddenly suspicion fell on one Schönleben, Sterbenk's messenger; and ere

long all agreed that he must be the culprit. There was absolutely no

evidence--nothing more than his own careless words, which were seized

upon and twisted against him. It was now remembered that his previous

life had not been blameless, and every little incident was seized upon

to his discredit. Thus it was said that the day after the robbery his

brother was seen in close converse with him at his house; after that the

brother drove out of town with his cart, in which, according to general

belief, the strong-box was concealed. Again, it was noted that

Schönleben had been often late at business, and again, that the day

after the robbery he appeared extremely lightheaded.

On the strength of these suspicions Schönleben was arrested, and with

him a poor beadmaker, Beutner by name, who was suspected of being his

accomplice. The only connection between the two was that Beutner had

once helped Schönleben to carry a load of wood into the Sterbenks'

house; and as he was passing the window of the counting-house, it was

said that he gazed spell-bound at the sight of all the money inside. For

not more than this the two were lodged in gaol and subjected to

criminal examination. It was hardly thought possible that they could be

innocent men. A new clue was, however, soon discovered. A barber named

Kirchmeier called on Sterbenk and declared that on the day of the

robbery he had seen a cash-box identical in every respect with the one

stolen. It was in the room of a working gilder, Mannert, who lived in

the same house as Schönleben the messenger. On making a second call at

the same room a few days later there was no box to be seen. Kirchmeier

deposed that the box was standing under the table near the oven and

behind the door; and as this witness was a respectable, well-to-do

citizen, bearing the character of an upright, religious man, his

testimony was deemed unimpeachable. The poor gilder, Mannert, had also

always borne the best of characters, but he, too, was arrested, with his

wife and sons. When examined, he denied absolutely that he had ever

owned such a box, and although he admitted a slight acquaintance with

Schönleben, and that he was employed by Sterbenk, he declared that he

knew nothing of the messenger's private affairs.

Then the examination of the Mannerts was renewed; but as they still

persisted in repudiating all knowledge of the strong-box the Court had

recourse to more drastic measures. In those days it was not absolutely

required that witnesses should take the oath, which was reserved for

extreme cases; it was a last step when evidence was imperfect, and the

punishment for perjury was very severe. Kirchmeier signified his perfect

willingness to be sworn, and eventually reiterated his charges upon

oath. "That which I saw, I saw," he averred. "The green-painted

cash-box, with green wooden legs, I saw in the rooms of the man who is

now kneeling imploringly before me. I cannot help it. I am quite

convinced that in this case I am not mistaken. If I am, his blood be on

my head."

The Court, after such solemn testimony, could not exonerate the Mannerts

and Schönleben; and the public shared this conviction. Excitement over

the case was not confined to Nuremberg, but spread through all Germany.

So high ran feeling against the accused for their obstinate pleas of

innocence, that the mob smashed Schönleben's windows and killed his

youngest child as it lay in its mother's arms.

[Illustration: "TOGETHER THEY ... LIFTED THE CASH-BOX AND ... CARRIED IT

HOME" (p. 84).]

Mannert's wife and sons corroborated his statements. Nevertheless, the

barber, Kirchmeier, when confronted with them, stuck to his story. The

entire absence of all malicious motive strengthened his testimony and

gained him full credence from the Nuremberg authorities. So the Mannert

family were also consigned to durance, while their residence was

searched from top to bottom. Nothing incriminating was found; only in a

lumber room one of the planks appeared to have been recently disturbed,

and this, although it led to no further discovery, was deemed highly

suspicious.

Meanwhile, Schönleben had been again questioned, and still stoutly

denied his guilt. When asked as to his accomplices and confederates, he

replied that he could have had none, having committed no crime. Beutner,

the beadmaker, had no doubt asked him once where Sterbenk's

counting-house was situated, and whether the family all slept upstairs,

but, after all, that might be mere curiosity. Beutner excused himself by

saying he must have been drunk when he asked such questions--at least,

he had no recollection of putting them. Several independent witnesses

deposed to having been with Beutner on the night of the robbery till 2

a.m., after which they walked home with him.

The perverse cruelty of the Nuremberg Court, which had accepted

Kirchmeier's story so readily, was not yet exhausted, and, very much as

in the case of Calas, given on a previous page, it persisted in seeking

a confession as its own best justification. Mannert was still obdurate,

however, and force was now applied. Floggings were tried, but quite

without result, and at last, a fresh search of the dwellings of both

Mannert and Schönleben having proved fruitless, it was resolved to

appeal to the antiquated instruments of Nuremberg justice, surviving

still, within ten years of the nineteenth century--the priest and the

rack.

The power of the priest to extort confession, even from the most

hardened criminals, had often proved successful heretofore, and public

expectation was raised high that justice would once more be vindicated

in this fashion. But the priests failed now. Neither Mannert, nor his

wife, nor his sons would make the slightest acknowledgment of their

guilt, and it became clear that they had won over the priests to their

side. Still the Court was resolute to follow out its own line of action.

Confession having failed, it determined to try the effect of flogging

the woman, or, if her health did not allow such an extreme proceeding,

she was to be strictly isolated, and kept upon bread and water in the

darkest dungeon of the prison; lastly, if these merciless measures

proved of no avail, she was to be subjected to the rack.

Schönleben, from the recesses of the prison, now made a desperate effort

to free himself by reviving suspicion against Beutner. So absolutely

helpless and hopeless had justice now become that the Nuremberg Court

actually accepted a dream as evidence. Schönleben pretended that he had

seen the missing cash-box under a heap of wood at Beutner's house--seen

it only in his dreams, however. This "baseless fabric" of his

imagination sufficed to send the officers to search Beutner's house,

and although nothing was discovered, public opinion agreed with the

judges in again accusing Beutner, and he was held to be implicated,

despite the renewed proof of a satisfactory _alibi_. Nobody believed

Beutner's witnesses.

The next incident in these shameful proceedings was the death of Frau

Mannert, who succumbed to the cruel treatment she had received. She died

protesting her innocence to the last, and the priests who shrived her in

the dark underground cell where she breathed her last expressed much

indignation at the shocking ill-usage to which she owed her death.

Four more months passed, bringing no relaxation in the law's severity

towards those whom it still gripped in its cruel clutches. Who shall say

what their fate might have been? But now, at last, an unexpected turn

was given to the inquiry, and by pure accident justice got upon the

right track. Certain rumours reached the ears of one of the judges, who

proceeded to investigate them. These rumours started from a beer-shop,

where someone in his cups had been heard grossly to abuse a locksmith,

Gösser by name, and his assistant, Blösel. The vituperation ended in a

direct charge of complicity in the Sterbenk robbery. Blösel sat

speechless under the attack, but his master, Gösser, tried lamely to

repudiate the charges. It was remembered now against these two that,

although miserably poor till a certain date, they had become suddenly

rich; had bought good clothes and silver watches, had launched out into

many extravagances, and were always ready to stand treat to their

friends. Gösser just now had applied for a passport to leave Nuremberg

and go to Dresden; and passports were in those days rather expensive

luxuries, and generally beyond the means of persons in straitened

circumstances. Schönleben once more contributed his quota to the newly

formulated charge; he had always suspected him, he said; and this time

he had good reason to do so. When the police arrested Gösser and his

assistant (they were always glad to arrest anybody), the two prisoners

incontinently confessed their crime.

Gösser, a man of thirty-three, had settled in Nuremberg with his wife

and family about a year previously. He was a shiftless, aimless fellow,

and it was only by serious money sacrifices that he obtained admission

into the guild of locksmiths in Nuremberg. Having thus started in debt,

he was never able to get clear

[Illustration: STREET IN NUREMBERG.]

again. He was often in want of the necessaries of life; his relations

would not help him; and he began to despair of ever gaining an honest

livelihood. Having once visited Sterbenk's house, he had quickly

realised how easily the counting-house door might be forced. The

criminal idea of thus obtaining funds once formed, it grew and gained

more mastery, till at length, on the night of the 29th of January, he

proceeded to perpetrate the theft. He went to Sterbenk's, opened the

outer door, which he said was unbolted, and silently, and without

difficulty, entered the counting-house. Finding the strong-box too heavy

to move by himself, he had gone home and awakened his assistant, whom

he persuaded to join him. Together they had crept back, lifted the

cash-box, and, without interference, carried it home. While Gösser's

wife was out of the way, they opened it and divided the spoil. The box

they kept close hidden for a long time, but at last broke it up and

threw the pieces bit by bit into the river. After the robbery Gösser

confessed to his wife, who, overcome with fear, implored her husband to

return the money. But he paid some pressing debts and bought what he

needed for his business, and now hoped that he was on the high road to

success and competence. Gösser declared that no one had instigated him

to the deed, that he alone was responsible, and had had no accomplice

beyond Blösel; and the confessions of his wife and Blösel corroborated

these statements.

[Illustration: OLD PRISON AND "HANGMAN'S PASSAGE", NUREMBERG.]

An examination of Gösser's dwelling also confirmed them, while portions

of the strong-box were by-and-bye found in the river. But it was not

till after there remained no shadow of doubt of the truth of Gösser's

story that the other prisoners were lightened of their chains, and only

by degrees were they informed of the new turn of affairs.

Kirchmeier was arrested on the 4th of November, and feeling ran

tremendously strong against him as the original cause of so much cruel

injustice. His three confessions were read out to him, and he was asked

if he still stood by them. Strange to state, he firmly reiterated them,

continuing to do so even when the fragments of the box and the plainly

rebutting evidence were laid before him. The only plausible solution of

his extraordinary conduct was that he suffered from hallucinations. He

had only lately recovered from a bad attack of bilious fever; and it was

quite probable that in his convalescent condition the excitement of the

robbery working on a disordered mind produced an impression which had

all the weight and force of actual tangible fact. Some such view of his

conduct was evidently taken by the Court; for, although arraigned for

perjury, he was acquitted, and absolved from having falsely sworn from

any evil motive. Yet his fellow-townspeople could not readily forgive

him, or forget the sufferings he had brought upon the innocent victims

of his delusions. He was scouted by his old friends and deserted by his

customers; and, to escape universal execration and the starvation that

threatened him, he settled in another part of Germany. Gösser and Blösel

were, of course, duly punished.

"THE BLUE DRAGOON."

This case,[6] in which Justice got upon a false scent and narrowly

escaped the commission of a tragical blunder, is remarkable for the

tortuous course it ran before the truth was at last reached. In a

certain Dutch town there lived, towards the close of the last century,

an elderly widow lady, Madame Andrecht. She was fairly well-to-do, and

possessed some valuable silver, although she lived in a quiet, retired

street and in a not very reputable locality. Her neighbours were all of

the poorer classes; and the town ditch, which was navigable, flowed at

the bottom of her back garden. Hers was a tranquil, uneventful

existence; she was served by one elderly female servant, and her only

recreation was a yearly visit paid to a married son in the country, when

she locked up the house and took the servant away with her.

On the 30th of June, 17--, she returned home, after one of these visits,

to find her house broken into and most of her possessions gone. It was

clear that the thieves were acquainted with the interior of the house,

and had set to work in a systematic fashion, although some of the

plunder had escaped them. A window leading from the garden had been

forced; the back door was open, and footsteps could be traced down the

garden to the hedge at the bottom over the ditch. This pointed to the

removal of the booty by boat.

The discovery of this robbery caused a great sensation, and the house

was soon surrounded by a gaping crowd, whom the police had some trouble

in controlling. One, an irrepressible baker, managed to make his way

inside, and his acquaintances awaited with impatience the result of his

investigations. But on his return he assumed a great air of mystery, and

refused to satisfy their curiosity. Everyone was left to evolve his own

theory, and the most voluble of the chatterers was a wool-spinner,

Leendert van N----, who talked so pointedly that before evening he was

summoned to the town house and called upon for an explanation by the

burgomaster. In a hesitating, stammering way, as if dreading to

incriminate anyone, he unfolded his suspicions, which were to the

following effect:--

At the end of the street stood a small alehouse, kept by an ex-soldier,

Nicholas D----, commonly known as the "Blue Dragoon." Some years

previously he had courted and married a servant of Madame Andrecht. The

mistress had never liked the match, and had done all she could to

prevent the young people from meeting. Nicholas had managed, however, to

pay the girl secret visits, stealing at night across Leendert's back

garden and over the hedge. Leendert objected, and begged Nicholas to

discontinue these clandestine proceedings. Later on he discovered that

the ardent lover used to row along the fosse and enter the garden that

way. All this was ancient history, but it was brought back to his mind

by the robbery. His suspicion had been emphasised by the fact of his

finding a handkerchief on the fosse bank, opposite the garden, only ten

days before. This handkerchief proved to be marked with the initials N.

D.

Suspicion, once raised against the dragoon, was strengthened by other

circumstances. During the first search of the house a half-burnt paper

had been picked up, presumably a pipelight. On examination, it was found

to be an excise receipt, and further investigation proved it to have

belonged to Nicholas D----. This evidence, such as it was, seemed to

point to the same person, and, after a short consultation among the

magistrates, orders were given for his arrest, and that of his wife,

father, and brother. His house was ransacked, but the closest search

failed to reveal the missing plate; only in one drawer a memorandum-book

was discovered which was proved beyond doubt to have belonged to Madame

Andrecht.

Nothing resulted from a first examination to which the prisoner was

subjected. He answered every question in an open, straightforward

manner; but while admitting the facts of his courtship, as told by the

wool-spinner, he could adduce no rebutting evidence in his own defence.

The other members of the household corroborated what he had said; and

the wife declared strenuously that the note-book had not been in the

drawer the previous week, when she had removed all the contents in order

to clean the press. Their attitude and their earnest protestations of

innocence made a favourable impression on the judge; the neighbours

testified to their honest character and general good name. Still,

Nicholas could not be actually exonerated; the note-book, the charred

receipt, and the handkerchief were so many unanswered points against

him.

At this stage of the inquiry a new witness came forward and strengthened

the suspicion against Nicholas D----. A respectable citizen, a wood

merchant, voluntarily appeared before the authorities and made a

statement, which, he said, had been weighing on his conscience ever

since the robbery. It would seem that a carpenter, Isaac van C----, owed

this man money; and he had been obliged to put pressure upon him. The

carpenter had begged him to delay proceedings, telling him of the

difficulty he also had in collecting his dues, and showing him some

silver plate he had taken in pledge from one of his debtors. After some

discussion, the wood merchant agreed to accept the plate as part payment

of the carpenter's bill. When the robbery became known, the wood

merchant began to think the articles pledged to him might have formed

part of the stolen property. He had no reason to suspect his debtor, the

carpenter, of being concerned in the theft, but still he thought the

clue ought to be followed up.

The carpenter was immediately sent for and examined. He said that the

debtor of whom he spoke to the wood merchant was Nicholas D----, who

owed him sixty gulden for work done on the premises, and as he would not

or was unable to pay, he (the carpenter) had peremptorily asked for his

money. Nicholas then offered him some old silver, which he said had

belonged to his father, and asked him to dispose of it through an agent

in Amsterdam or some distant town. Nicholas was brought in, and,

confronted with the carpenter, did not deny that he owed the debt and

could not see how to pay it; but when the plate was shown him he

hesitated, turned pale, and declared he knew nothing about it. His

nervousness and prevarication excited a general doubt as to his previous

statements. This was further increased by the examination of the

carpenter's private account-book, which contained an entry of the old

silver received from the innkeeper. The carpenter's housekeeper and

apprentice also bore witness to the agreement.

[Illustration: SUMMER UNIFORM.]

[Illustration: DUTCH POLICE AT THE PRESENT DAY.]

[Illustration: WINTER UNIFORM.]

The general feeling in the town was now very strong against Nicholas

D----. He was committed to the town prison, and his relatives placed

under closest surveillance. All, nevertheless, persisted in their story.

In order to ascertain the truth, justice was prepared to go to the

extreme length of applying torture to force a confession from the

obstinate accused. But happily, just as the "question" was about to be

employed, the following letter was received:--

"Before I leave the country and betake myself where I shall be

beyond the reach either of the Court of M---- or the military

tribunal of the garrison, I would save the unfortunate persons who

are now prisoners at M----. Beware of punishing the innkeeper, his

wife, his father, or his brother, for a crime of which they are not

guilty. How the story of the carpenter is connected with theirs I

cannot conjecture. I have heard of it with the greatest surprise.

The latter may not himself be entirely innocent. Let the judge pay

attention to this remark. You may spare yourself the trouble of

inquiring after me. If the wind is favourable, by the time you read

this letter I shall be on my passage to England.

"JOSEPH CHRISTIAN RUHLER,

Formerly Corporal in the Company of Le Lery."

The receipt of this letter started a new set of conjectures, followed up

by inquiries. Captain le Lery's company was quartered in the town, and

Corporal Ruhler had, as a matter of fact, belonged to it, but he had

mysteriously and suddenly disappeared about the time of the robbery. No

trace of him had been found. His letter seemed to throw light upon his

disappearance, yet when it was shown to his captain and some of his

comrades it was unanimously declared to be a forgery. What could have

been the writer's object in fabricating it? Various theories were

advanced, the most popular being that some guilty party, knowing the

corporal had gone, thought to implicate him and save the accused from

the torture, which might have driven them to full confession, in which

the names of all accomplices would have been divulged. It was a clumsy

explanation, but the only feasible one forthcoming. Every effort was

made to discover the author of the letter, but without avail.

Now a fresh witness volunteered information--a merchant who lived in

Madame Andrecht's neighbourhood, and who had left home about the time

that the robbery had been perpetrated. He had just returned, to find

that the mysterious affair was the talk of the town--indeed, he had had

a full account of it from his fellow-passengers in the coach which

brought him home. He now came to the authorities and told them what he

knew. A day or two before the robbery a carpenter, Isaac van C----, had

come to him seeking to borrow his boat, which the merchant kept in the

fosse just behind his warehouse. Isaac made some pretence for wanting

the boat which was not altogether satisfactory to the merchant, who

refused to lend it, but yielded when the carpenter declared he wished to

use it for the purposes of fishing. The next morning the boat was

returned, but was not in exactly its right place; the inside of the

boat, moreover, was too clean and dry for it to have been recently used

for fishing. The merchant, although he had not yet heard of the robbery,

strongly suspected that the carpenter had used the boat for some

improper purpose, and he was strengthened in this view by finding two

silver spoons under one of the thwarts. This discovery angered him, for

he felt he had been deceived, and putting the spoons in his pocket, he

went at once to the carpenter for an explanation. The carpenter, with

whom were his housekeeper and apprentice, seemed greatly embarrassed

when the spoons were produced, and after having been pressed by the

merchant, they confessed that they had been up to no good, but would not

say where or how they had obtained these spoons. The merchant was now

called away from home, and the affair was driven from his mind by more

serious transactions. Now that he heard of the robbery, he remembered

the suspicious conduct of the carpenter and his servants.

Evidence of this sort, coming from a witness of the highest character,

carried so much weight that the judge ordered the carpenter and his

companions to be arrested. At the same time, search was made in the

house, which resulted in the discovery of the whole of the stolen

effects. The culprits, finding it useless to deny their guilt, now made

full confession. The three of them were implicated, but it was not

settled who had originated the idea. The apprentice, having worked in

Madame Andrecht's house for another master, knew his way about it, and

had guided the thieves after they had effected their entrance. The boat

had been borrowed, in the way described, to simplify the removal of the

plunder. All three of the culprits were with the crowd assembled outside

the house when the robbery had been discovered. They heard of the

suspicions against the Blue Dragoon, and the apprentice at once visited

the alehouse, and succeeded in secreting the memorandum-book in the

drawer of the press, where it was discovered.

The foregoing evidence was sufficient to convict the carpenter and his

two accomplices, but justice was not yet satisfied of Nicholas D----'s

innocence. Two damaging facts still told against him: the half-charred

excise bill and the handkerchief bearing his initials. It was possible

that he had been an accomplice, although the carpenter and the others

would not accuse him. That other people were also concerned seemed

evident from the fact of the forged letter, whose authorship was still

undiscovered.

Further facts of a strange and interesting kind were presently

forthcoming about this letter. The schoolmaster of a neighbouring

village came with a scrap of paper on which was inscribed the name

Joseph Christian Ruhler, the name with which the forged letter had been

signed. At the schoolmaster's request the writing of this paper was

compared with that of the letter, and they were found to be identical.

Then the schoolmaster went on to say that both had been written by a

pupil of his, a deaf and dumb boy whom he had taught to write, and who

made a scanty living as an amanuensis. Some time before this, an unknown

man had called on the boy, had taken him to an inn in the village, and

there given him a letter to copy. The boy, on reading the letter--which,

as we have seen, was of a very compromising nature--demurred. But he was

pacified by the present of a gulden, and made the copy. Still, the

secrecy and peculiarity of the whole affair weighed on his mind, and he

at length confided the story to his teacher. The alleged letter from the

corporal had already got into circulation in the neighbourhood, and was

clearly the one the boy had copied. The schoolmaster went to the inn,

made inquiries about the strange man, and eventually found him to be a

baker, H----, the very man who had been so determined to enter Madame

Andrecht's house when the robbery was first announced. So far he had

been utterly unconnected in any way with the crime, though his excessive

zeal had attracted attention at the time. However, he was arrested; and

from the disclosures he made a warrant was also issued for the

apprehension of the wool-spinner, Leendert van N----, and his wife, who

had been the first to air their suspicions of the innkeeper's

complicity.

As the investigation proceeded, a curious tale was unfolded. The last

persons arrested had no share in the housebreaking, but were concerned

in another crime, which probably would never have been discovered but

for the robbery. The substance of their confessions was as follows:--

Leendert van N----, H---- the baker, and Corporal Ruhler were old

acquaintances, and had dealings together of not too reputable a kind in

connection with the victualling and clothing of the garrison. They

cordially hated and despised each other, and only kept together from

community of interests and pursuits.

The associates were playing cards one evening (June 29th) in Leendert's

house, situated in the vicinity of Madame Andrecht's, when they

quarrelled with the corporal, and the corporal retorted in offensive

terms. From words they came to blows, in which Madame van N----

assisted. In a few minutes the corporal lay pinioned on the ground,

uttering loud curses and threatening them with public exposure. The

baker whispered that they had better do the job thoroughly, and after a

few blows the corpse, drenched in blood, lay at their feet.

The terrors of conscience and the apprehensions of their crime paralysed

their thoughts during the night. The next morning they heard the

commotion caused by the news of the discovery of the robbery at Madame

Andrecht's. At once they realised their danger, and the probability of a

house-to-house search being instituted, when their horrible crime would

be discovered. Their great object, then, was to give the authorities

something to occupy their time till the body could be disposed of. It

was Madame van N---- who perfected the idea. Why should not suspicion be

laid at the door of the Blue Dragoon? His nocturnal courtship was

remembered, and corroborative evidence could be supplied by a

handkerchief that he had dropped in the house some little time before.

The baker then remembered the old excise receipt that Nicholas D---- had

once handed him to make a note on. Part of it was charred away, and the

remaining portion was carelessly dropped in the house when the baker

accompanied the police in their search. It may be remembered that the

van N----'s were most busy in the hints they gave of the innkeeper's

supposed guilt, and their machinations were unconsciously assisted by

those of the carpenter and his confederates. So the false evidence

brought by these two independent plots formed very circumstantial proof

against the innocent victim. However, the baker and the wool-spinner

only wanted to excite suspicion against Nicholas till they could

accomplish their object of hiding the body. That effected, they began to

feel remorse that an innocent person should be ruined. The thought of

the torture which awaited him struck them with horror, and they evolved

the idea of a letter from

[Illustration: "THE CORPORAL LAY PINIONED ON THE GROUND" (p. 92).]

Ruhler, incriminating himself. Thus they hoped to obtain delay for

Nicholas and safety for themselves. However, their plans were too well

thought out; their fear of detection led them to employ the strange deaf

and dumb boy to write their letter, which afterwards betrayed them.

Sentence of death was pronounced against the persons who had been

concerned in the housebreaking as well as against those who had

committed the murder, and it was carried into effect on all of them with

the exception of Madame van N----, who died in prison. The wool-spinner

alone exhibited any sign of penitence.

[Illustration: DISCOVERY OF A CRIME]

CHAPTER II.

CASES OF DISPUTED OR MISTAKEN IDENTITY.

Lesurques and the Robbery of the Lyons Mail--The Champignelles

Mystery--Judge Garrow's Story--An Imposition Practised at York

Assizes--A Husband Claimed by Two Wives--A Milwaukee Mystery--A

Scottish Case--The Kingswood Rectory Murder--The Cannon Street

Case--A Narrow Escape.

LESURQUES.

The most famous, and perhaps the most hackneyed, of all cases of

mistaken identity is that of Lesurques, charged with the robbery and

murder of the courier of the Lyons mail, which has been so vividly

brought home to us through the dramatic play based upon it and the

marvellous impersonation of the dual _rôle_, Lesurques-Duboscq, by Sir

Henry Irving.

Lesurques was positively identified as a man who had travelled by the

mail coach, and he was in due course convicted. Yet at the eleventh hour

a woman came into court and declared his innocence, swearing that the

witnesses had mistaken him for another, Duboscq, whom he greatly

resembled. She was the _confidante_ of one of the gang who had planned

and carried out the robbery. But her testimony, although corroborated by

other confederates, was rejected, and Lesurques received sentence of

death. Yet there were grave doubts, and the matter was brought before

the Revolutionary Legislature by the Directory, who called for a

reprieve. But the Five Hundred refused, on the extraordinary ground that

to annul a sentence which had been legally pronounced "would subvert all

ideas of justice and equality before the law."

Lesurques died protesting his innocence to the last. "Truth has not been

heard," he wrote a friend; "I shall die the victim of a mistake." He

also published a letter in the papers addressed to Duboscq: "Man in

whose place I am to die," he wrote, "be satisfied with the sacrifice of

my life. If you are ever brought to justice, think of my three

children, covered with shame, and of their mother's despair, and do not

prolong the misfortunes of so fatal a resemblance." On the scaffold he

said, "I pardon my judges and the witnesses whose mistake has murdered

me. I die protesting my innocence."

Four years elapsed before Duboscq was captured. In the interval others

of the gang had passed through the hands of the police, but the prime

mover was only now taken. Even then he twice escaped from prison. When

finally he was put on his trial, and the judge ordered a fair wig, such

as Lesurques had worn, to be placed on his head, the strange likeness

was immediately apparent. He denied his guilt, but was convicted and

guillotined. Thus two men suffered for one offence.

French justice was very tardy in atoning for this grave error. The

rehabilitation of Lesurques' family was not decreed till after repeated

applications under several _régimes_--the Directory, the Consulate, the

Empire, and the Restoration. In the reign of Louis XVIII. the

sequestrated property was restored, but there was no revision of the

sentence, although the case was again and again revived.

THE CHAMPIGNELLES MYSTERY.

One day in October, 1791, a lady dressed in mourning appeared at the

gates of the Château of Champignelles, and was refused admission. "I am

the Marquise de Douhault, _née_ de Champignelles, the daughter of your

old master. Surely you know me?" she said, lifting her veil. "The

Marquise de Douhault has been dead these three years," replied the

_concierge_; "you cannot enter here. I have strict orders from the Sieur

de Champignelles."

This same lady was seen next day at the village church, praying at the

tomb of the late M. de Champignelles, and many remarked her

extraordinary resemblance to the deceased Marquise. But the marquise was

dead; her funeral service had been performed in this very church. Some

of the bystanders asked the lady's maid-servant who she was, and were

told that they ought to know. Others went up to the lady herself, who

said, "I am truly the Marquise de Douhault, but my brother will not

acknowledge me or admit me to the château."

[Illustration: LESURQUE ON THE SCAFFOLD (p. 96).]

Then followed formal recognition. People were summoned by sound of drum

to speak to her identity, and did so "to the number of ninety-six, many

of them officials, soldiers, and members of the municipality." The lady

gave many satisfactory proofs, too, speaking of things that "only a

daughter of the house could know." Thus encouraged, she proceeded to

serve the legal notice on her brother and claim her rights--her share of

the property of Champignelles as co-heir, and a sum in cash for back

rents during her absence when supposed to be dead.

Where had she been all this time? Who had died, if not she? Her story,

although clear, precise, and supported by evidence, was most

extraordinary. To understand it we must go back and trace her history

and that of the Champignelles family as given in the memoir prepared by

the claimant for the courts.

[Illustration: GRAND FRONT OF LA SALPÊTRIÈRE ASYLUM, PARIS.]

Adelaide Marie had been married at twenty-three to the Marquis de

Douhault, who coveted her dowry, and did not prove a good husband. He

was subject to epileptic fits, eventually went out of his mind, and,

after wounding his wife with a sword, was shut up in Charenton. The wife

led an exemplary life till his death, which was soon followed by that of

her father. Her brother now became the head of the family, and is said

to have been a frank blackguard, the real cause of his father's death.

He proceeded to swindle his mother, who was entitled by settlement to a

life interest in the Champignelles estates, subject to pensions to her

children, and he persuaded her to reverse that arrangement--she to

surrender her property, he to pay her an annual allowance. He had gained

his sister's concurrence by obtaining her signature to a blank document,

which he filled up as he wished.

The son, of course, did not pay the allowances, and very often the

mother was in sad straits, reduced at times to pawn her jewels for food.

She appealed now to her daughter, who naturally sided with her, and

wrote in indignant terms to her brother. There was an angry quarrel,

with the threat of a lawsuit if he did not mend his ways. For the

purpose of conferring with her mother, whom she meant to join in the

suit, the Marquise de Douhault proposed to start for Paris.

[Illustration: THE DUCHESS OF POLIGNAC.

(_From the Contemporary Portrait by Mme. Le Brun._)]

Having a strange presentiment that this journey would be unlucky, she

postponed it as long as possible, but went at length on the day after

Christmas Day, 1787. Arrived at Orleans, she accepted the hospitality of

a M. de la Roncière and rested there some days. On the 15th of January,

1788, she was to continue her journey, but in the morning she took a

carriage drive with her friends. All she remembered afterwards was that

Madame de la Roncière offered her a pinch of snuff, which she took, and

that she was seized with violent pains in the head, followed by great

drowsiness and stupor; the rest was a blank.

When she came to herself, she was a prisoner in the Salpêtrière. Her

brain was now clear, her mind active. She protested strongly, and,

saying who she was, demanded to be set at large. They laughed at her,

telling her her name was Buirette, and that she was talking nonsense.

Her detention lasted for seventeen months, and she was denied all

communication with outside. At last she managed to inform a friend, the

Duchess of Polignac, of her imprisonment, and on the 13th of July, 1789,

she was released, to find herself alone in Paris in the midst of the

horrors of the Revolution.

She was friendless. Her brother, to whom she at once applied, repudiated

her as an impostor; an uncle was equally cruel; she asked for her

mother, and was told she had none. Then she ran to Versailles, where

many friends resided, found refuge with the Duchess of Polignac, and was

speedily recognised by numbers of people, princes, dukes, and the rest,

all members of that French aristocracy which was so soon to be dispersed

in exile or to suffer by the guillotine. They urged her not to create a

scandal by suing her brother, but to trust to the king for redress. Soon

the king himself was a prisoner, and presently died on the scaffold.

Her case was taken up, however, by certain lawyers, who advanced her

funds at usurious rates, and planned an attack on her brother, under

which, however, they contemplated certain frauds of their own. When she

hesitated to entrust them with full powers one of these lawyers

denounced her to the Committee of Public Safety, and she narrowly

escaped execution. Bailly, the mayor of Paris, was a friend of hers, but

could not save her from imprisonment in La Force, where she remained a

month, then escaping into the country. Here she learnt that her mother

was not dead, and returned to Paris to see her at her last gasp. After

that she wandered to and fro in hiding and in poverty till, in 1791, she

reappeared at Champignelles.

Such was the case the claimant presented to the courts.

A story is good till the other side is heard, and her brother, M. de

Champignelles, clever, unscrupulous, and a friend of the Republican

Government, had a very strong defence. His first answer was to accuse

his sister, or the person claiming to be his sister, of having tried to

seize his château by force of arms, declaring that she had come backed

by three hundred men to claim her so-called rights, and that he had

appealed to the municipality for protection.

This plea failed, and his second was to accuse the claimant of being

someone else. He asserted that she was a certain Anne Buirette, who had

been an inmate of the Salpêtrière from the 3rd of January, 1786. This

date was a crucial point in the case. The claimant had adopted it as the

date of her entry into the Salpêtrière, yet it was clearly shown that at

that time the Marquise de Douhault was alive, and that she resided on

her property of Chazelet through 1786 and 1787. On other points the

claimant showed remarkable knowledge, remembered names, faces of people,

circumstances in the past; and all this tended to prove that she was the

Marquise. But

[Illustration: RELEASING PRISONERS AT LA SALPÊTRIÈRE, PARIS. DURING THE

FRENCH REVOLUTION.

_Photo by permission of Messrs. Goupil et Cie_.

(_From the Painting by Tony Robert-Fleury._)]

this error in dates was serious, and it was strengthened by a mistake in

the Christian names of the deceased Marquis de Douhault.

[Illustration: CHAPEL OF LA SALPÊTRIÈRE.]

The case came on for trial before the Civil Tribunal of St. Fargeau,

where the commissary of the Republic stated it fully, and with a strong

bias against the claimant. As he put it: "One side asked for the

restitution of a name, a fortune, of which she had been despoiled with a

cruelty that greatly added to the alleged crime; the other charged the

claimant with being an impostor seeking a position to which she had no

right whatever." Between these two alternatives the court must decide,

and either way a crime must be laid bare.

Was it all a fraud? The defence set up was certainly strong.

It rested first on the death of the Marquise. This was supported by the

certificates of the doctors who attended her in her last illness,

documents attested by the municipality of Orleans, which bore witness to

both illness and death. Another document testified that extreme unction

had been administered, and that the burial had been carried out in the

presence of many relatives. The family went into mourning, and the

memory of the Marquise was revered among the honoured dead.

There was next the suspicious commencement of the claim: a letter

addressed by the claimant to the curé of Champignelles, two years and a

half after the death above recorded, asking for a baptismal certificate

and another of marriage. This letter was full of faults of spelling and

grammar, and was signed Anne Louis Adelaide, formerly Marquise de

Grainville, names that were not exact. It was asserted that the real

Marquise was a lady of great intelligence, cultured, highly educated as

became her situation, knowing several languages, and a good musician,

and especially that she was well able to write prettily and correctly.

Then for the identity of the claimant with Anne Buirette there was

seemingly conclusive evidence, the strongest part of it being her own

statement of the date on which she was received at the Salpêtrière. All

the story of her release through the appeal to the Duchess of Polignac

was declared to be untrue. The past life of this Anne Buirette was raked

up, and it was demonstrated that she was a swindler who had been sent to

gaol for an ingenious fraud which may be narrated here. When in 1785, on

the occasion of the birth of a royal prince, the queen wished charitably

to redeem a number of the pledges in the Mont de Piété, the woman

Buirette, being unauthorised, drove round in a carriage, calling herself

a royal attendant, to collect pawn tickets from poor people. She

recovered the sums necessary to redeem the pledges and applied the money

to her own use. For this she was sent to the Salpêtrière, from which she

was released in October, 1789, and not, as she stated, on the day of the

barricades.

From this moment, according to the defence, the fraud began, whether at

her own instance or not could not be shown. Her movements were traced

from place to place as she went about seeking recognition and

assistance, now accepted, more often rejected, by those to whom she

appealed. Finally the commissary closed the case by pointing to the

physical dissimilarity between the two women, the Marquise and the

claimant. The first was known as a lady of quality, distinguished in her

manners, clever, well-bred; the second was obviously stupid and

low-born, stained with vices, given to drink. The Marquise was of frail,

delicate constitution, the claimant seemed strong and robust; the first

had blue eyes, the second black; the first walked lame, the second

showed no signs of lameness.

Yet the claimant persisted, and her counsel upset much that had been

urged. It was shown that the death certificate was not produced; that

the ill-written letters so condemnatory were copies, not originals; that

the official documents purporting to set forth the past life of Anne

Buirette were irregular in form and probably not authentic. The claimant

showed that she was lame, that her eyes were blue; more, that she

carried the scar of the sword wound made by her mad husband years

before. It was all to no purpose. The tribunal refused to enter into the

question of the alleged falsity of the documentary evidence, and taking

its stand upon the date of entry into the Salpêtrière, declared that the

claimant could not be the Marquise de Douhault.

Then followed a long course of tedious litigation. The claim was

revived, carried from court to court, heard and re-heard; one decree

condemned the claimant, and recommended that the case should be dropped;

after five years the Supreme Court of Appeal sent it for a new trial to

the Criminal Court of Bourges. The points referred were: first, to

verify the death of the Marquise de Douhault; second, to establish

whether or not the claimant was Anne Buirette, and if not, third, to say

whether she was the Marquise.

There were now great discrepancies as to the date and the circumstances

of death. Some said it occurred on the 17th of January, 1788, some on

the 18th, some again on the 19th. Other facts also were disputed. As to

the second query, 18 witnesses swore that the claimant was Anne

Buirette; 14 saw no resemblance between Anne Buirette and her, and among

these was Anne Buirette's own husband. As to the third point, 153 out of

224 witnesses declared positively that this was the Marquise herself;

but 53 said either that she was not or that they had never seen the

claimant, whilst among the number were several who had been satisfied as

to her identity in the first instance.

These inquiries were followed by others as to handwriting, and many new

and surprising facts came out. It was asserted by experts that the

letters written before her alleged death by the Marquise and after it by

the claimant were in one and the same hand; that the documents the

claimant was said to have written or signed were forgeries, and must

have been concocted with fraudulent intention.

Now, too, the claimant explained away the famous date of entry into

prison, and laid it to her poor memory, enfeebled by so many

misfortunes.

There seemed enough in all this to reverse the decision of St. Fargeau,

but the Court of Bourges upheld it. The Procureur-Général pronounced his

opinion, formed at the imperious demands of his conscience, that the

claimant was not the Marquise de Douhault; more, that "between her and

that respectable lady there was as much difference as between crime and

virtue."

The law was pitilessly hostile to the very end. On the revival of the

case the claimant was successful in proving that she was certainly not

Anne Buirette, but although she published many memoirs prepared by some

of the most eminent lawyers of the day, and was continually before the

courts during the Consulate and First Empire, she was always unable to

establish her identity. The law denied that she was the Marquise de

Douhault, but yet would not say who she was. To the last she was

nameless, and had no official existence. When she died the authorities

would not permit any name to be inscribed on her tomb.

JUDGE GARROWS STORY.

Our own criminal records abound with cases of disputed or mistaken

identity. Among the most remarkable of them is the one which Judge

Garrow was fond of recounting on the Oxford circuit. He described how a

man was being tried before him for highway robbery, and the prosecutor

identified him positively. The guilt of the accused seemed clear, and

the jury was about to retire to consider their verdict, when a man rode

full-speed into the courthouse yard, and forced his way into the court,

with loud cries to stop the case; he had ridden fifty miles to save the

life of a fellow-creature, the prisoner now at the bar.

[Illustration: "A MAN ... FORCED HIS WAY INTO THE COURT" (p. 104).]

This strange interruption would have been resented by the judge, but the

new arrival called upon all present, especially the prosecutor, to look

at him. It was at once apparent that he was the living image of the

prisoner; he was dressed in precisely similar attire, a green coat with

brass buttons, drab breeches, and top boots. The likeness in height,

demeanour, and especially in countenance, was so remarkable that the

prosecutor was dumbfoundered; he could no longer speak positively as to

the identity of the man who had robbed him. All along, the prisoner had

been protesting his innocence, and now, of course, the gravest doubts

arose as to his guilt. The prosecutor could not call upon the second man

to criminate himself, and yet the jury had no alternative but to acquit

the first prisoner. In this they were encouraged by the judge, who

declared that, although a robbery had certainly been committed by one of

two persons present, the prosecutor could not distinguish between them,

and there was no alternative but acquittal.

[Illustration: SIR WILLIAM GARROW.

(_From the Engraving by J. Parden._)]

So the first man got off; but now a fresh jury was empanelled, and the

second was put upon his trial; his defence was simple enough. Only the

day previous the prosecutor had sworn to one man as his robber. Could he

now be permitted, even if he wished, to swear away the life of another

man for the same offence? All he could say was that it was his belief

that it was the last comer that robbed him; but surely if the jury had

acquitted one person to whom he had sworn positively, could they now

convict a second whom he only believed to be guilty? The jury could not

but accept the force of this reasoning, and as the second man would make

no distinct confession of guilt, he was suffered to go free. But the

truth came out afterwards. The two men were brothers; the first had

really committed the crime, and the whole scene had been got up between

them for the purpose of imposing on the Court.

A CASE AT YORK.

A very similar case occurred at York. A gentleman arrived there during

the assize, and having alighted at a good hotel, where he dined and

slept, asked the landlord next morning if he could find anything of

interest in the town. Hearing that the assizes were in progress, he

entered the court, just as a man was being tried for highway robbery.

The case seemed strong against the prisoner, who was much cast down, for

he had been vehemently protesting his innocence. Suddenly, on the

appearance of the stranger, he rose in the dock and cried, "Here, thank

God, is someone who can prove my innocence." The stranger looked

bewildered, but the prisoner went on to declare that he had met this

very gentleman, at a distant place, Dover, on the day of the alleged

robbery, and he now reminded him that he had conveyed his luggage on a

wheelbarrow from the Ship Inn to the packet for Calais. The stranger was

now interrogated, but could not admit that he had been in Dover on that

day, nor had he any distinct recollection of the prisoner. The judge

then inquired whether he was in the habit of keeping a diary, or of

recording the dates of his movements. The gentleman replied that he was

a merchant and made notes regularly in his pocket-book of his

proceedings. This pocket-book was at that moment locked up in his trunk

at the inn, but he would gladly surrender his keys and allow the book to

be fetched, to be produced in Court.

So a messenger was despatched for the book, and in the meantime the

prisoner at the bar questioned the stranger, recalling facts and

circumstances to his mind, with the result that their meeting in Dover

was pretty clearly proved. The stranger had given his name as a member

of a very respectable firm of London bankers, and altogether his

credibility appeared beyond question. Then came the book, which fixed

the date of his visit to Dover. All this remarkable testimony, arrived

at so strangely, was accepted by the jury, and the prisoner was

forthwith discharged. Within a fortnight, the gentleman and the

ex-prisoner were committed together to York Castle, charged with a most

daring act of house-breaking in the neighbourhood!

HOAG OR PARKER?

A very remarkable case of the difficulty of identification is to be

found in American records, under date 1804. A man was indicted

[Illustration: YORK CASTLE (USED AS PRISON), WITH ASSIZE COURT ON LEFT

_Photo: Frith & Co., Reigate._]

for bigamy, the allegation being that he was a certain James Hoag. The

man himself said that he was Thomas Parker. At the trial, Mrs. Hoag, the

wife, and many relations, with other respectable witnesses, swore

positively that he was James Hoag; on the other hand, Thomas Parker's

wife, and an equal number of credible witnesses, swore to the other

contention. Whereupon the Court recalled the first set of witnesses, who

maintained their opinion, being satisfied that he was James Hoag, his

stature, shape, gestures, complexion, looks, voice, and speech leaving

no doubt on the subject; they even described a particular scar on his

forehead, underneath his hair, and when this was turned back there, sure

enough, was the scar. Yet the Parker witnesses declared that Thomas

Parker had lived among them, worked with them, and was with them on the

very day he was supposed to have contracted his alleged marriage with

Mrs. Hoag. Now Mrs. Hoag played Her last card, and said that her husband

had a peculiar mark on the sole of his foot; Mrs. Parker admitted that

her husband had no such mark. So the court ordered the prisoner to take

off his shoes and stockings and show the soles of his feet; there was no

mark on either of them. Mrs. Parker now claimed him with great

insistency, but Mrs. Hoag would not give up her husband, and there was a

very violent discussion in court. At last a justice of the peace from

Parker's village entered the court and gave evidence to the effect that

he had known him from a child as Thomas Parker, and had often given him

employment. So Mrs. Parker carried off her husband in triumph.

A MILWAUKEE MYSTERY.

An extraordinary case of mistaken identity occurred some fifty years ago

in Milwaukee, in the States, for the details of which I am indebted to a

gentleman of that city, Mr. John W. Hinton. No fewer than ten reputable,

straightforward witnesses swore positively to a dead body as that of a

man with whom they were intimately acquainted and in more or less daily

intercourse. They based their identification upon certain physical facts

of the most unmistakable kind. They were not only satisfied as to the

general features--the height, shape, size, the colour of the hair and

eyes--but there were other peculiar and distinctive marks, such as

scars, loss of teeth, a missing eye, that carried absolute conviction to

the witnesses. Yet they were all absolutely and entirely wrong;

completely deceived by the remarkable resemblance, the strange, almost

incredible similarity of personal traits in two different people.

The case arose out of a mysterious crime. About 9 a.m. on the morning of

the 14th of April, 1855, a party of rag-gatherers were seeking their

harvest from the river just below one of the Milwaukee bridges. A mass

of floating _débris_--chips, scraps of timber, and general rubbish--was

collected in an eddy at the water's edge, and amidst it a boy espied

what he at first thought to be a bag, and afterwards a bundle of rags.

He dragged it on shore with his boat-hook and began to examine it. All

at once he dropped the parcel with a loud yell and took to his heels.

Some of his more courageous fellows then tore it open and exposed its

ghastly contents. Inside was the trunk of a human body, with the head

all but severed, and held only by a few ligaments. The brains had been

dashed out by a blow on the back of the skull, which made a deep

indentation several inches long. A great gash had been made in the

throat; the left eye protruded; both legs had been chopped off and were

gone. The bottom of the bag, as the cover proved to be, had been frayed

out or forced open by the action of the water, and the missing portions

of the trunk had fallen through or been washed out of the aperture.

The Milwaukee police, headed by the Deputy-Sheriff, who had been at one

time Chief of Police, were soon upon the scene. The cause of death was

plain. The weapon used was indicated by the wounds; it was evidently an

axe which had cut into the skull, and the protruding eye had been sliced

out by the same instrument. Close scrutiny of the bag revealed one or

two clues of importance. The bag was a wheat sack, with the name of

"Vogt" stamped upon it; it had been securely tied by peculiar knots,

which an expert eye recognised as French, knots tied by no one but

Frenchmen, and French sailors to boot. Weights had evidently been

inserted in the "slack" of the bag, which had been thus knotted, and

portions of the rope remained attached to the bag. The weights were

gone, and had no doubt been detached at the bottom of the river, with

the result that the corpse had risen to the surface.

The first step towards the detection of the murderer was to identify the

body, and trace back the victim's habits, acquaintances, and

surroundings. Here followed the marvellous mistake made by persons who

on the face of it could not be believed to be in error. A mass of

testimony was immediately forthcoming, all stating in the most explicit,

positive terms that the deceased was a certain John Dwire, well known in

Milwaukee. All who spoke did so definitely, declaring their reasons,

which appeared conclusive. They knew Dwire well, they recognised his

face and its features, his body, the colour of his hair and eyes. This

last was a weak point, however. Dwire was said to have only one eye; the

corpse had two. Although one had been nearly cut away by the axe stroke,

it was still hanging to the head. The witnesses were not to be silenced

by this discrepancy; they pointed triumphantly to other physical proofs:

a scar or burn mark on the left cheek, the size of a sixpence, "a

five-pointed starry scar" which all deposed that Dwire bore; again, he

had lost two front teeth--one in the upper, the other in the lower jaw,

just as was seen in the corpse; the whiskers, of the leg of mutton

pattern, were Dwire's; the bald head also, for hair was growing round

the base of the skull only, curly, and of a sandy hue, as in the case of

Dwire. There was a cut, made in shaving the chin, Dwire's; scars on one

finger of the left hand and on the thumb of the right hand, again

Dwire's; and a nose slightly inclined to one side, also Dwire's. Such

was the evidence of the witnesses, corroborating each other in every

particular, the testimony of people who had known him for years, the

woman of the house where he lodged, the keeper of the boarding-house

where he fed, whom he had not paid in full, the associates who worked

with him and frequented the same haunts.

Yet while the inquest before which these statements were made was

proceeding, unequivocal evidence was adduced which entirely falsified

the story as told. The John Dwire supposed to have been murdered was

alive and well at no great distance from Milwaukee. A whisper to this

effect had been put about, and some of the officials, another

deputy-sheriff, and the city marshal travelled to a point higher up the

river, some sixteen miles distant, where Dwire had been seen at work

since the discovery of his supposed corpse in the stream. He was living

near Kemper's Pier, and had been there uninterruptedly for months--since

the previous Christmas, indeed. Had the Court hesitated to accept this

startling news, all possible doubt must have disappeared by the next

incident. John Dwire himself walked into the court, saying with some

humour, "Lest anyone here should still think I'm dead I have come in

person to assure him that I am not the corpse found in the river last

Saturday morning."

His reappearance, of course, dumbfoundered all present, more

particularly those who had sworn so positively to his mortal remains. It

had another and more beneficial result: it saved an innocent man from

arrest and probable conviction. The first act of the police on the

mistaken identification of the body had been to commence a search in

certain low haunts where Dwire had at times been seen, and they had come

upon an axe recently used lying on a wood-pile in the possession of a

French sailor, commonly called "Matelot Jack," who was the bar tender of

a drinking-shop. The Frenchman had disappeared, but suspicion fell upon

another foreigner, a German, who was an associate of Dwire's, and had

accompanied him when the latter left Milwaukee. This German had come

into the lodging-house asking for Dwire's clothes; he came twice, the

second time armed with a letter from Dwire authorising him to receive

the clothes, but they were impounded for moneys owing. Steps were being

taken to arrest this German, and had not Dwire shown up it might have

gone hard with the suspected person. It had been in Dwire's mind at one

time to leave the neighbourhood, and had he done so the case against the

German would have been pretty complete.

[Illustration: THE RIVER AT MILWAUKEE.]

That there had been a murder still remained self-evident, but it was

never positively known by whom it was committed, nor who was the actual

victim. Some years later a man was arrested on suspicion as a thief; he

was carrying a bag heavily laden, and it was found to contain a number

of copper articles, all of them stolen. The bag was inscribed with the

same name, "Vogt," as that picked up in the river. A farmer named Vogt

now came forward and stated that about the time of the picking up of the

unknown corpse he had sent his carter in with a load of wheat packed in

bags such as the two mentioned. The man was supposed to have delivered

his load, driven his team outside the city, the waggon filled with the

empty sacks, and then made off with the price of the wheat. A more

probable theory was that he had been murdered and rifled, his body being

then thrust into one of his own bags, which was thrown into the river.

The case was never carried through to the end, and neither the thief who

was caught with the second bag nor the French sailor, Matelot Jack, was

tried, presumably from want of sufficiently clear evidence to warrant

prosecution.

A SCOTTISH CASE.

Our next case of mistaken identity occurred in Scotland many years ago,

when a farmer's son, a respectable youth, was charged with

night-poaching on the evidence of a keeper, who swore to him positively.

It was a moonlit night, but cloudy. Other witnesses were less certain

than the keeper, but they could speak to the poacher's dress and

appearance, and they saw him disappearing towards the farmer's house.

An attempt to set up an _alibi_ failed, and the prisoner, having been

found guilty by the jury, was sentenced to three months' imprisonment.

On his release, feeling that he was disgraced, he left the country to

take up a situation at the Cape of Good Hope.

Soon afterwards the keepers whose evidence had convicted the wrong man

met the real culprit in the streets of the county town. He was in

custody for theft, and was being escorted to the courts. His name was

Hammond. The keepers followed, and after a longer look were more than

ever satisfied of the mistake they had made, and they very rightly gave

information in the proper quarter. Then a witness came forward who, on

the night of the trespass, had seen and spoken with this man Hammond,

when he had said he was going into the woods for a shot. Hammond

himself, knowing he could not be tried for an offence for which another

had suffered, now voluntarily confessed the poaching. Great sympathy

was shown towards the innocent victim, and the gentleman whose game had

been killed offered to befriend him. But the young man had already made

for himself a position at the Cape of Good Hope, and would not leave the

colony, where indeed he eventually amassed a fortune. On his return to

Scotland, many years later, he was presented with a licence to shoot for

the rest of his days over the estates he was supposed to have poached.

KARL FRANZ.

We now come to the famous Kingswood Rectory case. On the 11th of June,

1861, Kingswood Rectory, in Surrey, was broken into, in the absence of

the family, and the caretaker murdered. The unfortunate woman was found

in her nightdress. She was tied with cords, and had been choked by a

sock used as a gag and stuffed halfway down her throat. There had been

no robbery; the house had been entered by a window in the basement, but

nothing was missing from it, although the whole place had been

ransacked. Trace enough was discovered to establish the identity of one

at least of the murderers. A packet of papers was found lying on the

floor of the room, and it had evidently dropped from the pocket of one

of the men.

This packet contained six documents: a passport made out in the name of

Karl Franz, of Schandau, in Saxony; a certificate of birth, and another

of baptism, both in the name of Franz; a begging letter with no address,

but signed Krohn; and a letter from Madame Titiens, the great singer, in

reply to an appeal for help. Besides these, there was a sheet of paper

on which were inscribed the addresses of many prominent personages; part

of the stock-in-trade of a begging-letter writer. All these papers

plainly implied that one of the criminal intruders into Kingswood

Rectory was a German. Moreover, within the last few days several German

tramps had been seen in the neighbourhood of Kingswood, one of whom

exactly answered to the description on the passport.

A few weeks later, a young German, in custody in London for a trifling

offence, was recognised as Karl Franz. He himself positively denied that

he was the man, but at last acknowledged that the documents found in

Kingswood Rectory were his property. He was, in due course, committed

for trial at the Croydon assizes. The prosecution seemed to hold very

convincing evidence against him. A Saxon police officer was brought

over, who identified him as Karl Franz, and swore that the various

certificates produced had been delivered to him on the 6th of April of

the same year. Another witness swore to Franz as one of the men seen in

the neighbourhood of the rectory on the 11th of June; while a third

deposed to having met two strangers in a wayside public-house, talking a

foreign language, and identified Franz as one of them. This recognition

was made in Newgate, where he picked out Franz from a crowd of

prisoners. Yet more: the servant of a brushmaker in Reigate deposed that

two men, speaking some unknown tongue, had come into the shop on the day

of the crime, and had bought a hank of cord. One of these men she firmly

believed to be the accused. This was the same cord as that with which

the murdered woman was bound.

What could the accused say to rebut such seemingly overwhelming

evidence? He had, nevertheless, a case, and a strong case. He explained

first that he had changed his name because he had been told of the

Kingswood murder, and of the discovery of his papers. They were

undoubtedly his papers, but they had been stolen from him. His story was

that he had landed at Hull, and was on the tramp to London, when he met

two other Germans by the way, seamen, Adolf Krohn and Muller by name,

and they all joined company. Muller had no papers, and was very anxious

that Karl Franz should give him his. On the borders of Northamptonshire

the three tramps spent the night behind a haystack. Next morning Franz

awoke to find himself alone; his companions had decamped, and his papers

were gone. He had been robbed also of a small bag containing a full suit

of clothes.

This story was discredited. It is a very old dodge for accused persons

to say that suspicious articles found on the scene of a crime had been

stolen from them. Yet Franz's statement was suddenly and unexpectedly

corroborated from an independent source. The day after he had told his

story, two vagrants, who were wandering on the confines of

Northamptonshire, came across some papers hidden in a heap of straw.

They took them to the nearest police-station, when it was found that

they bore upon the Kingswood case. One was a rough diary kept by the

prisoner Franz from the moment of his landing at Hull to the day on

which he lost his other papers. The inference was that it had been

stolen from him too, but that the thieves, on examination, found the

diary useless, and got rid of it. Another of the papers was a

certificate of confirmation in the name of Franz. Now, too, it was

proved beyond doubt that the letter written by Madame Titiens was not

intended for the accused. The recipient of that letter might no doubt

have been an accomplice of the accused, but then it must have been

believed that these men kept their papers together in one lot, which was

hardly likely.

[Illustration: Inspector.

Captain.

Foot Gendarme.

SAXON POLICE.]

Another curious point on which the prosecution relied also broke down. A

piece of cord had been found in Franz's lodgings, exactly corresponding

with that bought at Reigate, and used in tying the victim. But now it

was shown that this cord could only have been supplied to the Reigate

shop by one rope-maker, there being but one manufacturer of that kind of

cord; and this fact rested on the most positive evidence of experts.

Franz had declared that he had picked up this bit of cord in a street in

Whitechapel, near his lodgings, and opposite to a tobacconist's shop. On

further inquiry it was not only found that the rope factory which alone

supplied this cord was situated within a few yards of Franz's lodgings,

but his solicitor, in verifying this, picked up a scrap of the very same

cord in front of a shop in that same street!

THE CANNON STREET CASE.

A very narrow escape from wrongful conviction occurred in the case

generally known as the Cannon Street murder, which happened in April,

1866. Here the suspected murderer was tried for his life, and the

circumstantial evidence against him was so exceedingly strong that but

for a very able defence conducted before Mr. Baron Bramwell, one of the

strongest judges England has had, the prisoner would surely have been

convicted.

A certain Sarah Milson was housekeeper at Messrs. Bevington's, the

well-known furriers and leather dressers of Cannon Street. She was a

widow, and had been employed by the firm for several years. It was her

duty to occupy the premises at night when the working hands had left the

house. She was not alone, for a female cook also lived on the premises.

It was the rule of the house that the porter, a man named Kit, should

lock the doors when the day's work was over, and hand over the keys,

including those of the safe, to Mrs. Milson.

On the night of the 11th of April, 1866, Kit performed this duty, and

then called upstairs through the speaking-tube to Mrs. Milson, who came

down to receive the keys. His last act was to extinguish the light in

the lobby, after which he was shown out of the front door by Mrs.

Milson.

A little later the same evening the cook, who was upstairs in her

bedroom, heard a ring at the door-bell, and was on the point of

answering it when Mrs. Milson, who was sitting in the dining-room,

called out that the bell was for her, and she accordingly went down.

This was about ten minutes past nine. The unfortunate housekeeper was

never again seen alive. Later that night the cook, on going downstairs

with a lighted candle in her hand, found Mrs. Milson dead at the foot of

the stairs. The police were at once called in, and found that death was

caused by the battering in of the woman's head, and a large quantity of

blood was spattered over the stairs. A crowbar was found close to the

body, and was probably the instrument by which the murder had been

effected, although it was unstained with blood.

[Illustration: "FOUND MRS. MILSON DEAD AT THE FOOT OF THE STAIRS" (p.

117).]

An inquiry was at once set on foot by the police, who ascertained

certain facts. First, the cook declared that a man came constantly to

call upon the housekeeper, that she herself had never seen the man, but

that on one occasion, just before his expected arrival, Mrs. Milson had

borrowed two sovereigns from her, which had afterwards been repaid. The

identity of this man was discovered next day when a letter was found in

one of the boxes of the deceased, signed "George Terry." This letter, a

claim made upon Mrs. Milson for the repayment of certain moneys she

owed, expressed great indignation, and threatened that unless Mrs.

Milson could offer satisfactory terms the writer would complain to Mr.

Bevington of his housekeeper's indebtedness. Attached to this letter was

a receipt signed "William Denton, on behalf of George Terry, 20, Old

Change."

It was not difficult to follow up George Terry from the address given,

and he was presently found as an inmate of St. Olave's Workhouse. He

readily told the story of his relations with Mrs. Milson. She had been

acquainted with his wife, and as she was in difficulties, he had helped

her to get a loan from a certain Mrs. Webber, the total amount being

£35. Mrs. Webber appears to have been very urgent about repayment, and

so Terry sent Mrs. Milson the letter which was found, but which he did

not write himself, having secured the services of a fellow-lodger whom

he knew by the name of Bill. "Bill" wrote the letter, went with it to

Cannon Street, signed the receipt for such money as he received, and

brought back the money. This had occurred some three months before. The

man calling himself Denton was then traced, and proved to be a certain

William Smith, who lived at Eton, at 6, Eton Square. The City detectives

who had charge of the case went at once to Eton with the letter and the

receipt, which were shown to William Smith and acknowledged to be in his

handwriting.

There was enough in this to warrant the man Smith's arrest on suspicion,

but the police soon had stronger evidence. A woman, Mrs. Robins, who

acted as housekeeper at No. 1, Cannon Street, volunteered some very

damaging information. She stated that on the night of the murder she

returned to No. 1 at ten minutes to ten. As she was on the point of

entering her house she heard the door of No. 2 violently slammed.

Looking round, she saw a man go down the steps and pass her on the

right. He was dressed in dark clothes and wore a tall hat. The light of

the hall lamp shone on the man's face, so that she was able to know it;

she noticed that he walked in a very hurried manner, leaning forward as

he went along. In order to see whether Mrs. Robins could identify this

man, William Smith was taken from Bow Street to the Mansion House

through Cannon Street. He was between two police officers, but there was

nothing to show that he was in custody. Mrs. Robins had been warned by

the police to stand at her door at the time the party passed, and she

was asked to say whether she could recognise her man. She made out Smith

without hesitation; but to strengthen her evidence, she was sent for to

the Mansion House, where the prisoner was placed amongst a number of

people in a room through which Mrs. Robins was invited to pass. As she

crossed the room for the second time she pointed to Smith and said,

"This is the man I saw in Cannon Street."

Another very damaging witness was a boat-builder, Henry Giles, of Eton,

who deposed that he met the prisoner Smith in an alehouse on the night

of the 11th of April. Giles asked Smith to play a game of dominoes, but

Smith replied that he had to travel forty miles that night. "How can you

do that?" asked Giles. "Easy enough," was the reply; "if I go to London

and back, that would make forty miles." Giles then said, "But you are

not going to London, are you?" and Smith replied, "Yes, I am," at which

Giles laughed and called him a liar. Another witness declared that he

had seen Smith hurrying towards Slough Station about 7 p.m. The prisoner

was said to be wearing dark clothes, a black coat, and a tall black hat.

The evidence of railway officials proved that a train had left Slough at

7.43 and reached Paddington at 8.40. There was also a train down at

10.45, which arrived at 11.43. It was said in evidence that the interval

of two hours was quite sufficient to allow Smith to go into the City by

the Metropolitan Railway, commit the crime in Cannon Street, and return

_viâ_ Bishop's Road to Paddington. Further evidence against the man

Smith consisted of spots upon his coat which were believed to be

blood-stains, but which he accounted for by alleging that he had cut

himself in shaving.

Here was a man of indifferent character, an idle ne'er-do-well, known to

have had dealings with the murdered woman, against whom very clear

circumstantial evidence had been adduced. He was shown to have said he

was going to London; he was seen close to the station where a train was

on the point of starting for London; he was recognised by a respectable

woman at just the time he could have reached the house in Cannon Street

had he travelled up to Paddington as alleged, and added to all this

there were the blood-stains on his coat.

Yet the whole case broke down on the production of the most complete and

unquestionable _alibi_. It was proved beyond all question that Smith did

not go to London from Slough by the 7.43 train. The prisoner admitted

that he had walked in the direction of Slough Station with the idea of

meeting a friend. But he was certainly in company with a man named

Harris in Eton Square a little before 6.30, and the two remained

together until ten minutes past ten.

[Illustration: THE MANSION HOUSE JUSTICE ROOM, WHERE THE CASE WAS FIRST

HEARD.]

A number of other witnesses corroborated this statement--a brazier, a

photographer, a gardener, a bootmaker, and so on. Ten or twelve men in

all had had Smith under their eyes through the whole of the time that he

was supposed to be killing the woman in Cannon Street. One had been

drinking with him, three others had played cards with him, an

alehouse-keeper's wife had served him with beer after 11 p.m.

It was altogether absurd to suppose that these witnesses had combined

to perjure themselves on behalf of Smith. But even if such a combination

had been possible, although no motive for it had been produced, there

was other evidence that spoke unconsciously for the prisoner. If Smith

had really committed the crime he would never have denied that he went

to London, as he did deny it; he would have made some excuse for his

going, feeling sure that the fact would be discovered. Another curious

fact was that, as he was undoubtedly at Eton at 7.30, he must have gone

at great speed to catch the 7.43 train at Slough, a full mile distant.

There was not the least necessity for it either, as the Windsor Station

was only a few yards from where he had been seen. A defence of this kind

was perfectly unanswerable; the judge summed up entirely in favour of

the prisoner, and directed the jury to find him not merely "Not guilty,"

but actually innocent of the crime.

I cannot leave this interesting case, in which there was nearly a

miscarriage of justice from mistaken circumstantial evidence, without

relating a curious fact within my own knowledge that grew out of this

murder. In December, 1869, when I was acting as Controller of the

Convict Prison at Gibraltar, a convict came before the Visitors who

appeared under strong emotion, and who told me in a broken voice, with

tears in his eyes, that he wished to give himself up as one of the

Cannon Street murderers. I cannot remember the man's name, but I will

call him X. After hearing what he had to say, the Visitors asked him

what had induced him to make this confession. "Because," said he, "I

didn't do the job alone. My accomplice, Y" (as I will call him), "has

just come out in the last draft from England. I have not yet spoken to

him, but I am greatly afraid that he might forestall me in my

confession." The man spoke with such evident contrition and good faith

that the Visitors felt bound to accept his story; but they sent for the

other, meaning to confront them.

Y started violently when he came into our presence and saw X standing

there, but he positively denied his complicity in the murder. For some

time, too, he refused to acknowledge that he knew X, and then followed a

strange altercation between the two, X earnestly imploring Y to make a

clean breast of it, as he himself had done; Y as stoutly repudiating all

connection with the matter. Just when we had made up our minds to

dismiss both the men and report the case home for instructions, Y's

better nature seemed to triumph, and he admitted thus tardily that he

had been concerned in the murder of Mrs. Milson. Our next step was to

order both men into separate and solitary confinement until instructions

could be received from home. We fully expected to hear in due course

that both men were to be sent home to stand their trial for the Cannon

Street murder.

I am not ashamed to confess that we had been completely humbugged. A

full and searching inquiry had been instituted by the Home Office

authorities, more particularly into the antecedents and movements of the

two convicts, and it was established beyond all doubt that neither of

them could have possibly committed the crime, seeing that both were in

custody for another offence on the day of the murder. I am free to admit

that in the many years I have since spent in the charge and control of

criminals, I have been very loath, after this experience, to accept

confessions, although I have had many made to me. Mine is not a singular

experience, as most police and prison officials will say. Indeed, the

general public themselves must have noticed that there are few

mysterious crimes committed which are not confessed to by persons who

could not possibly have been guilty. In the case of X and Y, the whole

trick had been devised for the simple purpose of escaping daily labour

and gaining a few weeks' complete idleness in the cells.

False confessions, it may be added, are a frequent source of trouble to

the police. Whenever some great criminal mystery has shocked the public

mind, silly people, whether from constant brooding over the fact or from

sheer imbecility, are driven to surrender themselves as the criminals.

It will be remembered that at the time of the Whitechapel murders

numbers of people stood self-confessed as the perpetrators of these

crimes, eager to take upon themselves the criminal identity of the

mysterious "Jack the Ripper." I have recorded elsewhere[7] a curious

case in which a lady of good position, married, having many children and

a perfectly happy home, became possessed with the idea that she had

committed murder--that of a soldier in garrison in the town where she

lived. At length she wrote to Scotland Yard, and made full confession of

her crime, adding that she meant to arrive in London next day, where she

was prepared to submit herself to arrest, trial, and whatever penalty

might be imposed. All she asked was that she might not be separated from

her children, and that if they could not accompany her to gaol they

might at least be permitted to visit her frequently. Next day she

arrived as she had threatened, and drove up to Scotland Yard in a cab,

herself and children inside, her portmanteaux and a huge bath on the

box. There she sat, and positively refused to move anywhere except to

gaol. The police authorities, after vainly arguing with her, were on the

point of taking charge of her as a wandering lunatic, and sending her

home, but the Assistant Commissioner hit upon a happy device for getting

rid of her. This was to tell her that if she went to gaol she must be

separated absolutely from her children. If, however, she would sign a

paper promising to appear whenever called upon, she might remain with

her children in her own home. The ruse was successful; she signed the

promise, and returned as she had come.

[Illustration: THE CONVICT PRISON AT GIBRALTAR (MARKED BY A *).]

A NARROW ESCAPE.

An innocent man narrowly escaped death through an artful plot which led

to a mistake of identity, but which fortunately, at the eleventh hour,

was brought home to its criminal contrivers. A certain Mr. Henderson, a

respectable merchant of Edinburgh, was in 1726 charged with the forgery

of an acceptance, signed by the Duchess of Gordon, although, as a matter

of fact, he was ignorant of the whole affair. In the year mentioned it

was discovered that a man named Petrie, who filled the post of town

officer or constable in Leith, held a bill for £58 which purported on

the face of it to have been drawn by George Henderson on the Duchess of

Gordon, accepted by her, and paid over by Henderson to a Mrs. Macleod.

This Mrs. Macleod owed a sum of money to Petrie, and she begged him for

a further advance, which he made, to the amount of £6, Mrs. Macleod

lodging with him as security the acceptance which she had received from

Henderson. Petrie took no action on the bill in the way of demanding

payment from the Duchess of Gordon; this was at the instance of Mrs.

Macleod, who assured him that her Grace was at that time engaged in

special devotional exercises, and that the Duchess's agent was absent

from Edinburgh. Petrie was put off with other excuses. Mrs. Macleod

continued to beg him to hold over the bill, and brought him a letter to

the same effect purporting to come from Henderson. Petrie, although

suspicious as to the genuineness of the bill, took no steps, and the

matter came out otherwise; whereupon the Edinburgh magistrates issued a

warrant for the arrest of the three parties--Petrie, Henderson, and Mrs.

Macleod. Petrie was almost immediately exonerated, but Mrs. Macleod gave

such evidence against Henderson that he was held to be fully

incriminated, and was put back for trial. Mrs. Macleod asserted

positively that the bill had been given her by Henderson.

In due course Henderson was arraigned. Several witnesses swore

positively that they had seen Henderson sign documents, especially an

acknowledgment of a debt to Mrs. Macleod. One, a man named Gibson,

declared that the signature had been given in his own house by

Henderson, and in his presence and that of other witnesses. He appears

to have identified Henderson in the dock, asserting that he had often

previously seen him and been in his company. Gibson further declared

that Henderson wore a suit of dark-coloured clothes, and a black wig

such as he now appeared in.

Henderson's defence was that he knew absolutely nothing of the whole

proceeding. His counsel adduced in his favour that he was a man of

excellent character, and his demeanour at the trial, his straightforward

answers to all interrogatories, and the outward appearance of truth in

all his details, no doubt made an impression upon the Court. The Lord

Advocate, his prosecutor, pressed hard for a conviction, on the ground

that the forgery of the bill had been fully proved. The judges, however,

stayed proceedings, and postponed decision until the following session.

Now, when the case looked blackest against Henderson, a mere chance

interposed to save him. The Lord Advocate, who seems to have had no

doubt of his guilt, was on his way northward to spend the recess, when

he paid a visit on the way to a Mr. Rose, of Kilravock. One day Mr. Rose

took his lordship to see a house he was building, and while inspecting

it Mr. Rose missed one of the carpenters. On inquiring what had become

of him, the foreman took Mr. Rose aside and privately told him that the

man, hearing the Lord Advocate was at Kilravock, had absconded, saying

it was time for him to leave the country. The man in question, by name

David Household, had gone to the coast, proposing to take ship for

London. Mr. Rose felt it his duty to inform the Lord Advocate, and the

foreman was questioned as to whether the carpenter had been guilty of

any crime. The answer was that Household was suspected of being

accessory to a forgery. The Lord Advocate forthwith despatched a

messenger to the coast, who apprehended Household, and carried him

prisoner to Edinburgh. Household was brought before the Court at the

beginning of the winter session and questioned, when he confessed that

he had been party to a very scandalous and deliberate fraud. Early in

the year Mrs. Macleod had come to him and asked him to write out for her

the very bill or acceptance for the forgery of which George Henderson

was charged. Household admitted that he had penned the whole document,

and had imitated the signatures of Henderson, both as drawer and

endorser of the bill, but that he had not written the name of Gordon.

Household further deposed that he had assumed, at Mrs. Macleod's

request, the identity of George Henderson; that she had given him for

the personation a coat belonging to her husband, and a black-knotted

periwig; that she had carried him to a gardener's house at the

Water-Gate, where she had dictated to him a part of the obligation which

had been produced in court; and had then taken him on to a house in the

Canon-Gate (Gibson's), where he (Household) had written the rest of the

document, and signed it

[Illustration: "MRS. MACLEOD WENT TO HER EXECUTION DRESSED IN A BLACK

ROBE" (p. 128).]

"George Henderson" in the presence of the various witnesses whom Mrs.

Macleod had produced. He also confessed that he had written the letter

which Mrs. Macleod had given Petrie as coming from George Henderson.

Finally, after Mrs. Macleod's arrest, a Highlander had come to him with

a message from Mr. Macleod urging him to leave the country for his own

safety. Household, however, did not take flight until the appearance of

the Lord Advocate at Kilravock; then he went to Leith, and hid himself

on board ship, where he was discovered by a Customs officer, and

eventually arrested.

This evidence changed the whole character of the trial, and the Lord

Advocate was the first to admit that Henderson was innocent of the

forgery, which was now fixed upon Mrs. Macleod. The records of the case

do not give any definite information as to who actually signed the

Duchess's name to the bill, but when Mrs. Macleod was finally arraigned

this forgery was laid to her charge, and her offence must have been

satisfactorily proved to the jury, for she was found guilty and

sentenced to death. Two law officers, the Lord Advocate and the

Solicitor-General, characterised the whole "as an artful and horrid

contrivance, only discovered by the good providence of God." It is

stated in the account published that Mrs. Macleod went to her execution

dressed in a black robe with a large hoop, and a white fan in her hand.

When on the gallows she herself took off the ornamental parts of her

dress, and put the fatal cord about her neck with her own hands. She

persisted to the last in denying her guilt.

The Duchess of Gordon in this case was Lady Henrietta Mordaunt, daughter

of the celebrated Charles Earl of Peterborough, and wife of Alexander,

second Duke, whom she married in 1706, twenty years before the

occurrences recorded.

[Illustration]

CHAPTER III.

PROBLEMATICAL ERRORS.

Captain Donellan and the Poisoning of Sir Theodosius Boughton:

Donellan's Suspicious Conduct: Evidence of John Hunter, the great

Surgeon: Sir James Stephen's View: Corroborative Story from his

Father--The Lafarge Case: Madame Lafarge and the Cakes: Doctors

differ as to the Presence of Arsenic in the Remains: Possible Guilt

of Denis Barbier: Madame Lafarge's Condemnation: Pardoned by

Napoleon III.--Charge against Madame Lafarge of stealing a School

Friend's Jewels: Her Defence: Conviction--Madeleine Smith charged

with Poisoning her _Fiancé:_ "Not proven": the Latest Facts--the

Wharton-Ketchum Case in Baltimore, U.S.A.--The Story of the Perrys.

CAPTAIN DONELLAN.

"Few cases," says Sir James Stephen,[8] "have given rise to more

discussion than that of the alleged poisoning of Sir Theodosius Boughton

by his brother-in-law, Captain Donellan, in 1781." It was long deemed a

mystery, and even now the facts are not considered conclusive against

the man who actually suffered for the crime. Donellan was found guilty,

and in due course executed, but to this day the justice of the sentence

is questioned, and the case, in the opinion of some, should be classed

with judicial errors. This is not the view of Sir James Stephen, who has

declared that the evidence would have satisfied him of Donellan's guilt.

"Why should he not have been found guilty?" asks the eminent judge. "He

had the motive, he had the means, he had the opportunity; his conduct,

from first to last, was that of a guilty man."

Sir Theodosius Boughton was a young baronet who, on his majority, came

into an estate of £2,000 a year. In 1780 he was living at Lawford Hall,

Warwickshire, with his mother and sister, the latter having married

Captain Donellan in 1777. Mrs. Donellan was her brother's heir; if he

died childless everything would go to her. Donellan claimed afterwards

to have been quite disinterested. He had all his wife's fortune settled

on her and her children, and would not even keep a life interest in her

property in case she predeceased him. This settlement extended not only

to what she had but to what she expected, and his conduct in this matter

was one of the points made by the defence in his favour.

[Illustration: CAPTAIN JOHN DONELLAN.

(_From a Contemporary Print._)]

Boughton was suffering from a slight specific disorder, but was

otherwise well; Donellan wished to make it appear otherwise. Talking of

him to a friend, he described his condition as such that the friend

remarked the young man's life would not be worth a couple of years'

purchase. "Not one," promptly corrected Donellan. On the 29th of August,

1780, a country practitioner who was called in pronounced Sir Theodosius

in good health and spirits, but prescribed a draught for him: jalap,

lavender water, nutmeg, and so forth. The remainder of the day was spent

in fishing, and the baronet went to bed, having arranged that his mother

should come to him and give him his medicine at seven o'clock next

morning. He had been neglectful about taking it; it had been kept locked

up in a cupboard, but, at his brother-in-law's suggestion, it was now

left on the shelf in another room--where, as the prosecution declared,

anyone, Captain Donellan in particular, might have access to it.

At six a.m. on the morning of the 30th a servant went in and saw Sir

Theodosius about some business of mending a net. The young baronet then

appeared quite well. At seven Lady Boughton came up with the medicine,

which she found on the shelf. Sir Theodosius tasted and smelt it,

complaining that it was very nauseous. His mother then smelt it, and

noticed that it was like bitter almonds, but she persuaded her son to

drink off a whole dose. "In about two minutes or less," she afterwards

deposed, "he struggled violently and appeared convulsed, with a

prodigious rattling in his throat and stomach." When he was a little

better the mother left him, but returned in five minutes to find him

with his eyes fixed, his teeth clenched, and froth running out of his

mouth.

The doctor was forthwith summoned. Now Donellan came in, and Lady

Boughton told him that she was afraid she had given her son something

wrong instead of the medicine. Donellan asked for the bottle, took it,

poured in some water, then emptied the contents into a basin. Lady

Boughton protested, declaring that he ought not to have meddled with the

bottle. Donellan's reply was that he wished to taste the stuff. Again,

when a maid-servant came in he desired her to remove the basin and the

bottles, while Lady Boughton directed her to let them alone. But now Sir

Theodosius was in his death-throes, and while she was engaged with him

the bottles disappeared.

Donellan, after the event, wrote to the baronet's guardian, Sir William

Wheler, notifying the death, but giving none of the peculiar

circumstances of the case. Three or four days later the guardian replied

that as the death had been so sudden, and gossip was afloat concerning a

possible mistake with the medicine, it was desirable to have a

_post-mortem._ "The country will never be satisfied else, and we shall

all be very much blamed," wrote Sir William Wheler. "Although it is late

now it will appear from the stomach whether there is anything corrosive

in it.... I assure you it is reported all over the country that he was

killed either by medicine or by poison." The step was all the more

necessary in the interest of the doctor who prescribed the draught.

Donellan replied that Lady Boughton and he agreed "cheerfully" to the

suggestion. Sir William wrote again, saying he was glad they approved,

and gave the names of the doctors who should perform the autopsy.

When they came, Donellan showed them the second letter, not the first;

the mere desire for a _post-mortem_, not the grounds for it, as set

forth in the first, that poison was suspected. Decomposition was far

advanced, the doctors were not pleased with the business, and, knowing

no special reason for inquiry, made none. After this Donellan wrote to

Sir William Wheler, conveying the impression that the _post-mortem_ had

actually taken place. Later, another surgeon offered to open the body,

but Donellan refused, on the plea that it would be disrespectful to the

two first doctors. Sir William, too, having learnt that nothing had been

done, reiterated his desire for a _post-mortem_, and two more doctors

arrived at Lawford Hall on the very day of the funeral. Donellan took

advantage of a misconstruction of a message, and the body was buried

without being opened.

Three days afterwards it was exhumed in deference to growing suspicions

of poison, but it was too late to verify foul play. But the doctors

formed a strong opinion of the cause of death, and later, when it came

to the trial, they agreed that the draught, after swallowing which

Boughton died, was poison, and the immediate cause of death. One said

that the nature of the poison was sufficiently clear from Lady

Boughton's description of the smell. But the great surgeon, John Hunter,

would not admit that the appearance of the body gave the least suspicion

of poison. As to the smell, a mixture of the very same ingredients, but

with laurel water added, was made up for Lady Boughton at the trial, and

she declared it smelt of bitter almonds exactly like the draught.

The introduction of the laurel water followed the important discovery

that Donellan had a private still in a room which he called his own, and

that he distilled roses in it. A curious bit of evidence not mentioned

in the report of the trial is preserved,[9] which shows how a single

number of the "Philosophical Transactions" was found in Donellan's

library, and the only leaves in the book that had been cut were those

that gave an account of the making of laurel water by distillation.

Donellan's still figured further in the case, for it was proved that he

had taken it into the kitchen, and asked the cook to dry it in the oven.

This was two or three days after the baronet's death, and the

presumption was that he had desired to take the smell of laurel water

off the still. It also appeared that Donellan was in the habit of

keeping large quantities of arsenic in his room, which he used,

seemingly with but little caution, for poisoning fish.

Donellan's defence did not help him greatly. It was written, after the

custom of those days, and did not attempt to explain why

[Illustration: "NOW DONELLAN CAME IN" (p. 131).]

he had washed or made away with the bottles. He submitted that he had

urged the doctors to the _post-mortem_ by producing Sir William Wheler's

letter; but it was the second, not the first letter. On other points he

maintained a significant silence. What went against him also were

unguarded confidences made to a fellow-prisoner while he was awaiting

trial. He said openly that he believed his brother-in-law had been

poisoned, and that it lay among themselves: Lady Boughton, himself, the

footman, and the doctor. Another curious story is preserved by Sir James

Stephen, whose grandfather had long retained a strong belief in

Donellan's innocence, and had written a pamphlet against the verdict

which attracted much notice at the time. Mr. Stephen changed his opinion

when he had been introduced to Donellan's attorney, who told him that he

also had firmly believed in Donellan's innocence until one day he

proposed to his client to retain Dunning, the eminent counsel, for his

defence. Donellan agreed, and referred the attorney to Mrs. Donellan for

authority to incur the expense of the heavy fee required. Mrs. Donellan

demurred, thinking the outlay unnecessary, and when this was reported to

the prisoner, Donellan burst into a rage, crying, "And who got it for

her?" Then, seeing that he had committed himself, he stopped abruptly,

and said no more.

Donellan was convicted and executed, and to those who aver that the

verdict was wrong Sir James Stephen replies that every item of evidence

pointed to Donellan's guilt, and did, in fact, satisfy the jury. The

want of complete proof is the chief basis of the argument in Donellan's

favour, backed by the opinion of so eminent a scientist as Hunter. He

deposed that he did not see the slightest indication of poisoning, and

while he admitted that death following so soon after the draught had

been swallowed was a curious fact, yet he could see no necessary

connection between the two circumstances. The symptoms, as described to

him, and the state of the internal organs, were perfectly compatible

with death from epilepsy or apoplexy. Public opinion at the time was, no

doubt, adverse to Donellan, and the jury may have been prejudiced

against him. He was deemed an adventurer, a fortune-hunter, who had

gained a footing in a good family by somewhat discreditable means, and

it was assumed that he was prepared to go any length to feather his nest

further.

This was a rather exaggerated view. Donellan was a gentleman. He had

borne the king's commission, and was a son of a colonel in the army. To

haunt fashionable society in London and the chief pleasure resorts in

search of a rich _partie_ was a common enough proceeding, and implied

self-seeking, but not necessarily criminal tendencies. He got his chance

at Bath by doing a civil thing, and made the most of it. Lady Boughton

was unable to find accommodation in the best hotel, and Donellan, who

was there, promptly gave up his rooms. The acquaintance thus pleasantly

begun grew into intimacy, and ended in his marrying Miss Boughton. So

far the circumstances were not very strong against him. It was his

conduct after the event that told, and, though there is an element of

doubt in the case, most people, probably, who review the facts will come

to the same conclusion as did Sir James Stephen.

MADAME LAFARGE.

One of the greatest poisoning trials on record in any country is that of

Madame Lafarge, and its interest is undying, for to this day the case is

surrounded by mystery. Although the guilt of the accused was proved to

the satisfaction of the jury at the time of trial, strong doubts were

then entertained, and still possess acute legal minds, as to the justice

of her conviction. Long after the event, two eminent Prussian jurists,

councillors of the criminal court of Berlin, closely studied the

proceedings, and gave it as their unqualified opinion that, according to

Prussian law, there was absence of proof. They published a report on the

case, in which they gave their reasons for this opinion, but it will be

best to give some account of the alleged poisoning before quoting the

arguments of these independent authorities.

In the month of January, 1840, an iron-master, residing at Glandier, in

the Limousin, died suddenly of an unknown malady. His family, friends,

and immediate neighbours at once accused his wife of having poisoned

him. This wife differed greatly in disposition and breeding from the

deceased. Marie Fortunée Capelle was the daughter of a French artillery

colonel, who had served in Napoleon's Guard. She was well connected, her

grandmother having been a fellow-pupil of the Duchess of Orleans under

Madame de Genlis; her aunts were well married, one to a Prussian

diplomat, the other to M. Garat, the general secretary of the Bank of

France. She had been delicately nurtured. Her father had held good

military commands, and was intimate with the best people, many of them

nobles of the First Empire, and the child was petted by the Duchess of

Dalmatia (Madame Soult), the Princess of Echmuhl (Madame Ney), Madame de

Cambacères, and so forth.

Colonel Capelle died early, and Marie's mother, having married again,

also died. Marie was left to the care of distant relations; she had a

small fortune of her own, which was applied to her education, and she

was sent to one of the best schools in Paris. Here she made bosom

friends, as schoolgirls do, and with one of them became involved in a

foolish intrigue, which, in the days of her trouble, brought upon her

another serious charge, that of theft. Marie grew up distinguished-looking

if not absolutely pretty; tall, slim, with dead-white complexion,

jet-black hair worn in straight shining pleats, fine dark eyes, and a

sweet but somewhat sad smile. These are the chief features of

contemporary portraits.

To marry her was now the wish of her people, and she was willing enough

to become independent. Some say that a suitor was sought through the

matrimonial agents, others positively deny it. In any case, a proposal

came from a certain Charles Pouch Lafarge, a man of decent family but

inferior to the Capelles, not much to look at, about thirty, and

supposed to be prosperous in his business. The marriage was hastily

arranged, and as quickly solemnised--in no more than five days. Lafarge

drew a rosy picture of his house: a large mansion in a wide park, with

beautiful views, where all were eager to welcome the bride and make her

happy. As they travelled thither the scales quickly fell from Marie's

eyes. Her new husband changed in tone; from beseeching he became rudely

dictatorial, and he seems to have soon wounded the delicate

susceptibilities of his wife.

The climax was reached on arrival at Glandier, a dirty, squalid place.

Threading its dark, narrow streets, they reached the mansion--only a

poor place, after all, surrounded with smoking chimneys: a cold, damp,

dark house, dull without, bare within. The shock was terrible, and

Madame Lafarge declared she had been cruelly deceived. Life in such

surroundings, tied to such a man, seemed utterly impossible. She fled to

her own room, and there indited a strange letter to her husband, a

letter that was the starting-point of suspicion against her, and which

she afterwards explained away as merely a first mad outburst of

disappointment and despair. Her object was to get free at all costs from

this hateful and unbearable marriage.

This letter, dated the 25th of August, 1839, began thus: "CHARLES,--I am

about to implore pardon on my knees. I have betrayed you culpably. I

love not you, but another...." And it continued in the same tone for

several sheets. Then she implored her husband to release her and let her

go that very evening. "Get two horses ready: I will ride to Bordeaux and

then take ship to Smyrna. I will leave you all my possessions. May God

turn them to your advantage--you deserve it. As for me, I will live by

my own exertions. Let no one know that I ever existed.... If this does

not satisfy you I will take arsenic--_I have some_.... Spare me, be the

guardian angel of a poor orphan girl, or, if you choose, slay me, and

say I have killed myself.--MARIE."

[Illustration: MADAME LAFARGE.

(_From a Contemporary Print_.)]

This strange effusion was read with consternation not only by Lafarge,

but by his mother, his sister, and her husband. A stormy scene followed

between Lafarge and his wife, but at length he won her over. She

withdrew her letter, declaring that she did not mean what she wrote, and

that she would do her best to make him happy. "I have accepted my

position," she wrote to M. Garat, "although it is difficult. But with a

little strength of mind, with patience, and my husband's love, I may

grow contented. Charles adores me, and I cannot but be touched by the

caresses lavished on me." To another she wrote that she struggled hard

to be satisfied with her life. Her husband under a rough shell possessed

a noble heart; her mother-in-law and sister-in-law overwhelmed her with

attentions. Now she gradually settled down into domesticity, and busied

herself with household affairs.

M. Lafarge made no secret of his wish to employ part of his wife's

fortune in developing his works. He had come upon an important discovery

in iron smelting, and only needed capital to make it highly profitable.

His wife was so persuaded of the value of this invention that she lent

him money, and used her influence with her relatives to secure a loan

for him in addition. Husband and wife now made wills whereby they

bequeathed their separate estates to each other. Lafarge, however, made

a second will, almost immediately, in favour of his mother and sister,

carefully concealing the fact from his wife. Then he started for Paris,

to secure a patent for his new invention, taking with him a general

power of attorney to raise money on his wife's property. During their

separation many affectionate letters passed between them.

The first attempt to poison, according to the prosecution, was made at

the time of this visit to Paris. Madame Lafarge now conceived the tender

idea of having her portrait painted, and sending it to console her

absent spouse. At the same time she asked her mother-in-law to make some

small cakes to accompany the picture. They were made and sent, with a

letter, written by the mother, at Marie Lafarge's request, begging

Lafarge to eat _one_ of the cakes at a particular hour on a particular

day. She would eat one also at Glandier at the same moment, and thus a

mysterious affinity might be set up between them.

A great deal turned on this incident. The case containing the picture

and the rest was despatched on the 16th of December, by _diligence_, and

reached Paris on the 18th. But on opening the box, one large cake was

found, not several small ones. How and when had the change been

effected? The prosecution declared it was Marie's doing. The box had

undoubtedly been tampered with; it left, or was supposed to leave,

Glandier fastened down with small screws. On reaching Paris it was

secured with long nails, and the articles inside were not placed as they

had been on departure. Lafarge tore off a corner of the large cake, ate

it, and the same night was seized with violent convulsions. It was

presumably a poisoned cake, although the fact was never verified, but

Marie Lafarge was held responsible for it, and eventually charged with

an attempt to murder her husband.

In support of this grave charge it was found that on the 12th of

December, two days before the box left, she had purchased a quantity of

arsenic from a chemist in the neighbouring town. Her letter asking for

it was produced at the trial, and it is worth reproducing. "Sir," she

wrote, "I am overrun with rats. I have tried nux vomica quite without

effect. Will you, and can you, trust me with a little arsenic? You may

count upon my being most careful, and I shall only use it in a linen

closet." At the same time she asked for other drugs, of a harmless

character.

Further suspicious circumstances were adduced against her. It was urged

that after the case had been despatched to Paris she was strangely

agitated, her excitement increasing on the arrival of news that her

husband was taken ill, that she expressed the gravest fears of a bad

ending, and took it almost for granted that he must die. Yet, as the

defence presently showed, there were points also in her favour. Would

Marie have made her mother-in-law write referring to the small cakes,

one of which the son was to eat, if she knew that no small cakes, but

one large one, would be found within? How could she have substituted the

large for the small? There was as much evidence to show that she could

not have effected the exchange as that she had done so. Might not

someone else have made the change? Here was the first importation of

another possible agency into the murder, which never seems to have been

investigated at the time, but to which I shall return presently to

explain how Marie Lafarge may have borne the brunt of another person's

crime. Again, if she wanted thus to poison her husband, it would have

been at the risk of injuring her favourite sister also. For this sister

lived in Paris, and Lafarge had written that she often called to see

him. She might, then, have been present when the case was opened, and

might have been poisoned too.

Lafarge so far recovered that he was able to return to Glandier, which

he reached on the 5th of January, 1840. That same day Madame Lafarge

wrote to the same chemist for more arsenic. It was a curious letter, and

certainly calculated to prejudice people against her. She told the

chemist that her servants had made the first lot into a clever paste

which her doctor had seen, and for which he had given her a

prescription; she said this "so as to quiet the chemist's conscience,

and lest he should think she meant to poison the whole province of

Limoges." She also informed the chemist that her husband was

indisposed, but that this same doctor attributed it to the shaking of

the journey, and that with rest he would soon be better.

But he got worse, rapidly worse. His symptoms were alarming, and pointed

undoubtedly to arsenical poisoning, judged by our modern knowledge.

Madame Lafarge, senior, now became strongly suspicious of her

daughter-in-law, and insisted on remaining always by her son's bedside.

Marie opposed this, and wished to be her husband's sole nurse, and,

according to the prosecution, would have kept everyone else from him.

She does not seem to have succeeded, for the relatives and servants were

constantly in the sick-room. Some of the latter were very much on the

mother's side, and one, a lady companion, Anna Brun, afterwards deposed

that she had seen Marie go to a cupboard and take a white powder from

it, which she mixed with the medicine and food given to Lafarge. Madame

Lafarge, senior, again, and her daughter, showed the medical attendant a

cup of chicken broth on the surface of which white powder was floating.

The doctor said it was probably lime from the whitewashed wall. The

ladies tried the experiment of mixing lime with broth, and did not

obtain the same appearance. Yet more, Anna Brun, having seen Marie

Lafarge mix powder as before in her husband's drink, heard him cry out,

"What have you given me? It burns like fire." "I am not surprised,"

replied Marie quietly. "They let you have wine, although you are

suffering from inflammation of the stomach."

Yet Marie Lafarge made no mystery of her having arsenic. Not only did

she speak of it in the early days, but during the illness she received a

quantity openly before them all. It was brought to her at Lafarge's

bedside by one of his clerks, Denis Barbier (of whom more directly), and

she put it into her pocket. She told her husband she had it. He had been

complaining of the rats that disturbed him overhead, and the arsenic was

to kill them. Lafarge took the poison from his wife, handed it over to a

maid-servant, and desired her to use it in a paste as a vermin-killer.

Here the facts were scarcely against Marie Lafarge.

As the husband did not improve, on the 13th his mother sent a special

messenger to fetch a new doctor from a more distant town. On their way

back to Glandier, this messenger, the above-mentioned Denis Barbier,

confided to the doctor that he had often bought

[Illustration: "ON THIS THE MOTHER DENOUNCED MARIE TO THE NOW DYING

LAFARGE" (p. 142).]

arsenic for Marie Lafarge, but that she had begged him to say nothing

about it. The doctor, Lespinasse by name, saw the patient, and

immediately ordered antidotes, while some of the white powder was sent

for examination to the chemist who had originally supplied the arsenic.

The chemist does not seem to have detected poison, but he suggested that

nothing more should be given Lafarge unless it had been prepared by a

sure hand.

On this the mother denounced Marie to the now dying Lafarge as his

murderess. The wife, who stood there with white face and streaming eyes,

heard the terrible accusation, but made no protest. From this time till

his last moments he could not bear the sight of his wife. Once, when she

offered him a drink, he motioned, horror stricken, for her to leave him,

and she was not present at his death, on the 14th of January. A painful

scene followed between the mother and Marie by the side of the still

warm corpse--high words, upbraidings, threats on the one side, indignant

denials on the other. Then Marie's private letters were seized, the lock

of her strong-box having been forced, and next day, the whole matter

having been reported to the officers of the law, a _post-mortem_ was

ordered, on suspicion of poisoning. "Impossible," cried the doctor who

had regularly attended the deceased. "You must all be wrong. It would be

abominable to suspect a crime without more to go upon." The

_post-mortem_ was, however, made, yet with such strange carelessness

that the result was valueless.

It may be stated at once that the presence of arsenic was never

satisfactorily proved. There were several early examinations of the

remains, but the experts never fully agreed. Orfila, the most eminent

French toxicologist of his day, was called in to correct the first

autopsy, and his opinion was accepted as final. He was convinced that

there were traces of arsenic in the body. They were, however,

infinitesimal; Orfila put it at half a milligramme. Raspail, another

distinguished French doctor, called it the hundredth part of a

milligramme, and for that reason declared against Orfila. His

conclusion, arrived at long after her conviction, was in favour of the

accused. The jury, he maintained, ought not to have found her guilty,

because no definite proof was shown of the presence of arsenic in the

corpse.

This point was not the only one in the poor woman's favour. Even

supposing that Lafarge had been poisoned--which, in truth, is highly

probable--the evidence against her was never conclusive, and there were

many suspicious circumstances to incriminate another person. This was

Denis Barbier, Lafarge's clerk, who lived in the house under a false

name, and whose character was decidedly bad. Lafarge was not a man above

suspicion himself, and he long used this Barbier to assist him in shady

financial transactions--the manufacture of forged bills of exchange,

which were negotiated for advances. Barbier had conceived a strong

dislike to Marie Lafarge from the first; it was he who originated the

adverse reports. At the trial he frequently contradicted himself, as

when he said at one time that he had volunteered the information that he

had been buying arsenic for Marie, and at another, a few minutes later,

that he only confessed this when pressed.

Barbier, then, was Lafarge's confederate in forgery; had these frauds

been discovered he would have shared Lafarge's fate. It came out that he

had been in Paris when Lafarge was there, but secretly. Why? When the

illness of the iron-master proved mortal, Barbier was heard to say, "Now

I shall be master here!" All through that illness he had access to the

sick-room, and he could easily have added poison to the various drinks

given to Lafarge. Again, when the possibilities of murder were first

discussed, he was suspiciously ready to declare that it was not _he_ who

gave the poison. Finally, the German jurists, already quoted, wound up

their argument against him by saying, "We do not actually accuse

Barbier, but had we been the public prosecutors we should rather have

formulated charges against him than against Madame Lafarge."

Summing up the whole question, they were of opinion that the case was

full of mystery. There were suspicions that Lafarge had been poisoned,

but so vague and uncertain that no conviction was justified. The proofs

against the person accused were altogether insufficient. On the other

hand, there were many conjectures favourable to her. Moreover, there was

the very gravest circumstantial evidence against another person. The

verdict should decidedly have been "Not proven." But public opinion,

hastily formed, condemned Madame Lafarge in advance, and the machinery

of the French criminal law helped to create a new judicial error,

through obstinate reliance on a preconceived opinion.

Marie Lafarge was sentenced to hard labour for life, after exposure in

the public pillory. The latter was remitted, but she went into the

Montpelier prison and remained there many years. During her seclusion

she received some six thousand letters from outside, the bulk of them

sympathetic and kindly. Many in prose or verse, and in several

languages, were signed by persons of the highest respectability. A large

number offered marriage, some the opportunities for escape and the

promise of happiness in another country. She replied to almost all with

her own hand. Her pen was her chief solace during her long imprisonment,

and several volumes of her work were eventually published, including her

memoirs and prison thoughts. At last, having suffered seriously in

health, she appealed to Napoleon III., the head of the Second Empire,

and obtained a full pardon in 1852.

[Illustration: IN THE PUBLIC PILLORY.

(_From the Engraving by Victor Adam._)]

THE STOLEN JEWELS.

The sad story of Madame Lafarge would be incomplete without some account

of another mysterious charge brought against her shortly after her

arrest for murder. When her mother-in-law accused her of poisoning her

husband, one of her old schoolmates declared that she had stolen her

jewels. This second allegation raised the public interest to fever

pitch. All France, from court to cottage, all classes, high and low,

were concerned in this great _cause célèbre_, in which the supposed

criminal, both thief and murderess, belonged to the best society, and

was a young, engaging woman. The question of her guilt or innocence was

keenly discussed. Each new fact or statement was taken as clear proof of

one or the other, and each side found warm advocates in the public

Press.

[Illustration: MAÎTRE LACHAUD.]

The charge of theft, although the lesser, took precedence of that of

murder, and Madame Lafarge was tried by the Correctional Tribunal of

Tulle before she appeared at the assizes to answer for her life. She was

prosecuted by the Vicomte de Leautaud on behalf of his wife. The

accusation was clear and precise. Madame de Leautaud's diamonds had

disappeared for more than a year; the Vicomte believed that Madame

Lafarge, when Marie Capelle, had stolen them when on a visit to his

house, the Château de Busagny, and he prayed the court to authorise a

search to be made at Glandier, Madame Lafarge's residence until her

recent arrest.

When arraigned and interrogated, Marie at once admitted that the

diamonds were in her possession. She readily indicated the place where

they would be found at Glandier, and made no difficulty as to their

restitution. But she long refused positively to explain how she had come

by them, declaring it to be a secret she was bound in honour to keep

inviolate. At last, under the urgent entreaties of her friends, she

confided the secret to her two counsel, Maître Bac and Maître Lachaud

(at that time on the threshold of his great and enduring renown), and

sent them to Madame Leautaud beseeching her to allow a full revelation

of the facts. The letters she then wrote her school friend have been

preserved. The first was brief, and merely introduced Maître Bac as a

noble and conscientious person, who had her full confidence, and on whom

Madame de Leautaud might rely in discussing an affair that concerned

them both so closely. The second was a pathetic appeal to tell the whole

truth about the diamonds, and it is not easy to say on reading it

whether it was inspired by extraordinary astuteness or by genuine

emotion. It ran:

MARIE,--May God never visit upon you the evil you have done me.

Alas, I know you to be really good, but weak. You have told

yourself that as I am likely to be convicted of an atrocious crime

I may as well take the blame of one which is only infamous. I kept

our secret. I left my honour in your hands, and you have not chosen

to absolve me.

The time has arrived for doing me justice. Marie, for your

conscience' sake, for the sake of your past, save me!... Remember

the facts; you cannot deny them. From the moment I knew you I was

deep in your confidence, and I heard the story of that intrigue,

begun at school and continued at Busagny by letters that passed

through my hands.

You soon discovered that this handsome Spaniard had neither fortune

nor family. You forbade him to love, although you had first sought

his love, and then you entered into another love affair with M. de

Leautaud.

...The man you flouted cried for vengeance.... The situation became

intolerable, but money alone could end it. I came to Busagny, and

it was arranged between us that you should entrust your diamonds to

me, so that I might raise money on them, with which you could pay

the price he demanded.

The letter proceeds in similar terms, and need not be reproduced at

length. Marie Lafarge continues to implore her old friend to save her,

reminding her that only thus can she save herself. Otherwise all the

facts must come out.

Remember [and here we seem to get one glimpse of the cloven foot] I

have all the proofs in my hands. Your letters to him and his to

you, your letters to me.... Your letter, in which you tell me that

he is singing in the chorus at the opera, and is of the stamp of

man to extort blackmail.... There is one thing for you to do now.

Acknowledge in writing under your own hand, dated June, that you

consigned the diamonds to my care with authority to sell them if I

thought it advisable. This will end the affair.

As Madame de Leautaud still positively denied the truth of these

statements, Marie, in self-defence, made them to the judge. She told the

whole story of how the diamonds had been given her to sell, that she

might remit the amount to a young man in poor circumstances and of

humble condition, whose revelations might prove inconvenient. Madame de

Leautaud had assisted Marie to take the jewels out of their settings, so

as to facilitate their sale. If they had not as yet been sold, it was

because she had found it very difficult to dispose of them, both before

and after her marriage. She still had them; and they were, in fact,

found at Glandier, in the place she indicated. There was never any

question as to the identity of the stones, which were recognised in

court by the jeweller who had supplied them, and who spoke to their

value, some £300, independently of certain pearls which were missing.

The prosecution certainly made out a strong case against Marie Lafarge.

The jewels, it was stated, were first missed after a discussion between

the two ladies on the difference between paste and real stones. At first

Madame de Leautaud made little of her loss. She was careless of her

things, and thought her husband or her mother had hidden her jewels

somewhere to give her a fright. But they both denied having played her

any such trick, and as the jewels were undoubtedly gone, the police were

informed, and many of the servants suspected. Suspicion against Madame

Lafarge had always rankled in Madame de Leautaud's mind, and it was soon

strengthened by her strange antics with regard to the jewels. On one

occasion she defended a servant who had been suspected, promising to

find him a place if he were dismissed, as she knew he was innocent. One

of her servants told the de Leautauds that her mistress said laughingly

she had stolen the jewels and swallowed them. Again, Madame Lafarge had

submitted to be mesmerised by Madame de Montbreton, Madame de Leautaud's

sister, and had fallen into an evidently simulated magnetic trance;

when, being questioned about the missing jewels, she said they had been

removed by a Jew, who had sold them. Other circumstances were adduced as

strongly indicating Marie's guilt. It was observed in Paris, before her

marriage, that she had a quantity of fine stones, loose, and she

explained that they had been given her at Busagny. Once after her

marriage M. Lafarge had asked her for a diamond to cut a pane of glass,

and, to his surprise, she produced a number, saying she had owned them

from childhood, but that they had only been handed over to her lately by

an old servant.

These contradictory explanations told greatly against Madame Lafarge.

She made other statements also that were at variance. When first taxed

with the theft she pretended that the diamonds had been sent her by an

uncle in Toulouse, whose name and address she was, however, unable to

give. Next she brought up the story contained in her appealing letter to

Madame de Leautaud. It was the story of the young man, Félix Clavé, son

of a schoolmaster, with whom the girls had made acquaintance. Having

frequently met him when attending mass, they rashly wrote him an

anonymous letter, giving him a rendezvous in the garden of the

Tuileries. Marie Lafarge declared that the encouragement came from

Madame de Leautaud, which the latter denied, and retorted that it was

Marie Lafarge who had been the object of the young man's devotion.

Then Clavé disappeared to Algeria, so Marie declared, as he had written

to her from Algiers. Madame de Leautaud said this was impossible, as she

had seen him on the stage of the opera. A few months later, Marie

alleged, when her friend was with her at Busagny, Madame de Leautaud

brought out the diamonds and implored Marie to sell them for her, as she

must "absolutely" have money to buy Clavé's silence. What followed,

according to Marie Lafarge, has already been told, except that Madame de

Leautaud went through a number of devices to make it appear that the

diamonds had been stolen from her, and that then M. de Leautaud was

informed of the supposed theft. The gendarmes actually came to search

the château and to investigate the robbery next day, although at that

time the diamonds were safe in her possession, entrusted to her by

Madame de Leautaud.

According to the prosecution, these statements were quite untrue. There

had been a theft, and it was soon discovered. The chief of the Paris

detective police, M. Allard, had been summoned to Busagny to

investigate, and he was satisfied that the robbery had been committed by

someone in the château; and, as the servants all bore unimpeachable

characters, M. Allard had asked about the other inmates, and the guests.

Then M. de Leautaud mentioned Marie Capelle (Lafarge), and hinted that

there were several sinister rumours current concerning her, but would

not make any distinct charge then. M. Allard now remembered that there

had been another mysterious robbery at the house of Madame Garat, Marie

Lafarge's aunt, in Paris, a couple of years before, when a 500 franc

note had been stolen, and he had been called in to investigate, but

without any result. What if Marie Capelle (Lafarge) had had something to

do with this theft?

[Illustration: "HER OWN MAID ELECTED TO GO WITH HER TO PRISON" (p.

150).]

It must be admitted that these charges, if substantiated, made the case

look black against Marie Lafarge. But one, at least, fell entirely to

the ground when she was on her defence. It was clearly shown that she

could not have stolen the banknote at her aunt's, Madame Garat's, for

she was in Paris at the time. As regards the diamonds, her story, if she

had stuck to one account only--that of the blackmail--would have been

plausible, nay probable, enough. It was positively contradicted on oath

by the lady most nearly concerned, Madame de Leautaud, and it was not

believed by the court; and Marie Lafarge was finally convicted of having

stolen the diamonds, and sentenced to two years' imprisonment. She

appealed against this finding, and appeared no less than four times to

seek redress, always without success. Meanwhile the graver charge of

murder had been gone into and decided against her; so that the shorter

sentence for theft was merged into the life sentence.

There were many who believed in Marie's entire innocence to the very

last. Her own maid elected to go with her to prison, and remained by her

side for a year. A young girl, cousin of the deceased M. Lafarge, was

equally devoted, and also accompanied her to Montpelier gaol. Her

advocate, the eminent Maître Lachaud, steadfastly denied her guilt, and

years later, when the unfortunate woman died, he regularly sent flowers

for her grave.

[Illustration: MADELEINE SMITH.

(_From a Portrait taken in Court during her Trial._)]

MADELEINE SMITH.

The eldest daughter of a Glasgow architect, Madeleine Smith was a girl

of great beauty, bright, attractive, and much courted. But from all her

suitors she singled out a certain Jersey man, Pierre Émile l'Angelier,

an _employé_ in the firm of Huggins, in Glasgow--a small, insignificant

creature, altogether unworthy of her in looks or position. The

acquaintance ripened, and Madeleine seems to have become devotedly

attached to her lover, whom she often addressed as her "own darling

husband." They kept up a clandestine correspondence, and had many stolen

interviews at a friend's house. In the spring of 1856 Madeleine's

parents discovered the intimacy, and peremptorily insisted that it

should end forthwith. But the lovers continued to meet secretly, and

Madeleine threw off all restraint, and was ready to elope with her

lover. The time was indeed fixed, but she suddenly changed her mind.

Then a rich Glasgow merchant, Mr. Minnock, saw Madeleine, and was

greatly enamoured of her. Early in January, 1857, he offered her

marriage, and she became engaged to him. It was necessary, now, to

break with l'Angelier, and, mindful of the old adage to be off with the

old love before she took on with the new, she wrote to him, begging him

to return her letters and her portrait. L'Angelier positively refused to

give them or her up. He had told many friends of his connection with

Madeleine Smith, and some of them had now advised him to let her go.

"No; I will never surrender the letters, nor, so long as I live, shall

she marry another man." On the 9th of February he wrote her a letter,

which must have been full of upbraiding, and probably of threats, but it

has not been preserved. Madeleine must have been greatly terrified by

it, too, for her reply was a frantic appeal for mercy, for a chivalrous

silence as to their past relations which he was evidently incapable of

preserving. She was in despair, entirely in the hands of this mean

ruffian, who was determined not to spare her; she saw all hope of a good

marriage fading away, and nothing but ignominious exposure before her.

As the result of the trial, when by-and-by she was arraigned for the

murder of l'Angelier, was a verdict of "Not Proven," it is hardly right

to say that she now resolved to rid herself of the man who possessed her

guilty secret. But that was the case for the prosecution, the basis of

the charge brought against her. She had made up her mind, as it seemed,

to extreme measures. She appeared to be reconciled with l'Angelier, and

had several interviews with him. What passed at these meetings of the

11th and 12th of February was never positively known, but on the 19th he

was seized with a mysterious and terrible illness, being found lying on

the floor of his bedroom writhing in pain, and likely to die. He did, in

fact, recover, but those who knew him said he was never the same man

again. He seems to have had some suspicion of Madeleine, for he told a

friend that a cup of chocolate had made him sick, but said he was so

much fascinated by her that he would forgive her even if she poisoned

him, and that he would never willingly give her up.

Rumours of the engagement and approaching marriage now reached his ears,

and called forth fresh protests and remonstrances. Madeleine replied,

denying the rumours, and declaring that she loved him alone. About this

time the Smith family went on a visit to Bridge of Allan, where Mr.

Minnock followed them, and, at his urgent request, the day of marriage

was fixed. Then they all returned to Glasgow, and missed l'Angelier, who

also had followed Madeleine to Bridge of Allan. He remained at

Stirling, but, on receiving a letter from her, he went on to Glasgow,

being in good health at the time. This was the 22nd of February, a

Sunday, on which night, about eight p.m., he reached his lodgings, had

tea, and went out. As he left, he asked for a latchkey, saying he "might

be late." He expressed his intention of going back to Stirling the

following day.

That same night, or rather in the small hours of the morning, the

landlady was roused by a violent ringing of the bell; and, going down to

the front door, found l'Angelier there, half doubled up with pain. He

described himself as exceedingly ill. A doctor was sent for, who put him

to bed and prescribed remedies, but did not anticipate immediate danger.

The patient, however, persisted in repeating that he was "worse than the

doctor thought"; but he hoped if the curtains were drawn round his bed,

and he were left in peace for five minutes, he would be better. These

were his last words. When the doctor presently reappeared; l'Angelier

was dead. He had passed away without giving a sign; without uttering one

word to explain how he had spent his time during the evening.

A search was made in his pockets, but nothing of importance was found;

but a letter addressed to him signed "M'eine," couched in passionate

language, imploring him "to return." "Are you ill, my beloved? Adieu!

with tender embraces." The handwriting of this letter was not

identified, but a friend of l'Angelier's, M. de Mean, hearing of his

sudden death, went at once to warn Madeleine Smith's father that

l'Angelier had letters in his possession which should not be allowed to

fall into strange hands. It was too late: the friends of the deceased

had sealed up his effects and they refused to surrender the letters.

Later M. de Mean plainly told Madeleine Smith, whom he saw in her

mother's presence, that grave suspicion began to overshadow her. It was

known that l'Angelier had come up from Bridge of Allan at her request,

and he implored her to say whether or not he had been in her company

that night. Her answer was a decided negative, and she stated positively

that she had seen nothing of him for three weeks. She went farther and

asserted that she had neither seen nor wanted to see him on the Sunday

evening; she had given him an appointment for Saturday, but he had not

[Illustration: "THE LANDLADY WAS ROUSED BY A VIOLENT RINGING OF THE

BELL." (p. 152).]

appeared, although she had waited for him some time. This appointment

had been made that she might recover her letters. All through this

painful interview with de Mean, Madeleine appeared in the greatest

distress. Next morning she took to flight.

Madeleine was pursued, but by her family, not by the police, and was

overtaken on board a steamer bound for Rowallan. Soon after her return

to Glasgow the contents of her letters to l'Angelier were made public,

and a _post-mortem_ had been made. The body had been exhumed, and the

suspicious appearance of the mucous membrane of the stomach, together

with the history of the case, pointed to death by poison. The various

organs, carefully sealed, were handed over to experts for analysis, and

it may be well to state here the result of the medical examination.

Dr. Penny stated in evidence that the quantity of arsenic found in the

deceased amounted to eighty-eight grains, or about half a, teaspoonful,

some of it in hard, gritty, colourless, crystalline particles. It was

probable that this was no more than half the whole amount the deceased

had swallowed, for under the peculiar action of arsenic a quantity,

quite half a teaspoonful, must have been ejected.

The chief difficulties in the case were whether anyone could have taken

so much as a whole teaspoonful of arsenic unknowingly, and how this

amount could have been administered. The question was keenly debated,

and it was generally admitted that the poison could have been given in

chocolate, cocoa, gruel, or some thick liquid, or mixed with solid food

in the shape of a cake. This was not inconsistent with the conjectures

formed that l'Angelier had met Madeleine Smith on the Sunday night.

The case against her became more formidable when it was ascertained that

she had been in the habit of buying arsenic, but with the alleged

intention of taking it herself, for her complexion. She was now arrested

and sent for trial at Edinburgh, on a charge of poisoning l'Angelier.

Her purchases of arsenic were proved by the chemist's books under date

of the 21st of February, and again on the 6th and 18th of March, this

last date being four days before the murder.

It was also proved that she wanted to buy prussic acid a few weeks

before her arrest. There was nothing to show that she had obtained or

possessed any arsenic at the time of l'Angelier's first illness, on the

19th of February. But it was proved in evidence that, on the night of

his death, Sunday, the 22nd of March, l'Angelier had been seen in the

neighbourhood of Blythswood Square, where the Smiths lived; again, that

he had himself bought no arsenic in Glasgow.

Madeleine's plucky demeanour in court gained her much sympathy; she

never once gave way; only when her impassioned letters were being read

aloud did she really lose her composure. She stepped into the dock as

though she were entering a ballroom and although she was under grave

suspicion of having committed a dastardly crime, the conduct of

l'Angelier had set the public strongly against him, so that a vague

feeling of "served him right" was present in the large crowd assembled

to witness the trial. The case for the prosecution was strong, but it

failed to prove the actual administration of poison, or, indeed, that

the accused had met the deceased on the Sunday night.

The judge, in summing up, pointed out the grave doubts that surrounded

the case, and the verdict of the jury was "Not proven," by a majority of

votes.

This result was received with much applause in court, and generally

throughout Glasgow, although a dispassionate review of all the facts in

this somewhat mysterious case must surely point clearly to a failure of

justice. However, Madeleine triumphed, and won great favour with the

crowd. The money for her defence was subscribed in Glasgow twice over,

and even before she left the court she received several offers of

marriage.

Since writing the foregoing I have had an interesting communication from

a lady, who has told me the impressions of one who was present in court

during the whole of Madeleine Smith's trial. This gentleman was an

advocate, trained and practised in the law, and according to his

opinion, unhesitatingly expressed, there could be no shadow of doubt but

that Madeleine was l'Angelier's wife, by the law of Scotland. As he has

put it, in Scotland two people who ought to be married can generally be

joined together, and there was little doubt that the sanction of

matrimony was needed for this connection. Both Madeleine and l'Angelier

were in the habit of addressing each other as husband and wife. This

explains l'Angelier's insistence on the point that "so long as he lived

Madeleine should never marry another man."

The verdict of "Not proven" was brought in by the jury on the grounds

that it was not established that the two had actually met on the Sunday

night preceding l'Angelier's last illness. Nevertheless, it is certain

that a pocket-book of l'Angelier's was offered as evidence to the judge,

Lord Fullerton, who examined it, but ruled it out because it was not a

consecutive diary and the entries had been made in pencil. This book was

placed, after the proceedings, in the hands of the legal gentleman above

mentioned, and he saw in it an unmistakable entry made by l'Angelier to

the effect that he had been in Madeleine's company on the Saturday

night.

[Illustration: "SHE STEPPED INTO THE DOCK AS THOUGH SHE WERE ENTERING A

BALL-ROOM" (p. 155).]

Full corroboration is given by my informant of the engaging and

attractive appearance of Madeleine Smith. She was so excessively pretty

and bewitching that, to use his own words, no one but a hard-hearted

old married man could have resisted her fascinations. He had no doubt

whatever in his own mind of her guilt.

THE WHARTON-KETCHUM CASE.

General W. E. Ketchum, of the United States army, was a man somewhat

past the prime of life, but still sound and strong. Mrs. Wharton was the

widow of an army man, and was upwards of fifty years of age. The two

were intimate friends, and the General, who had amassed a modest

competence, had lent various sums to Mrs. Wharton, amounting to some

$2,600 (£520). She was not well off, as it was thought, and, just before

the events about to be recorded, she was unable to pay an intended visit

to Europe from insufficient funds and inability to obtain her letter of

credit.

On the 23rd of June, 1871, General Ketchum came from Washington to her

house in Baltimore, to see the last of her, believing her about to start

on her long journey, and to collect his debt of $2,600. He was in

excellent health when he left home, but very soon after arriving at

Baltimore he was taken very ill. He rallied for a time, but again

relapsed, and on the 28th of June he died. Suspicions were aroused by

his sudden decease, and certainly the symptoms of his illness, as

reported, were singular and obscure. Whilst he lay there sick unto

death, another gentleman residing in the same house was also suddenly

prostrated with a strange and unaccountable sickness, and narrowly

escaped with his life.

After General Ketchum's death his waistcoat was not to be found, nor the

note for $2,600. Mrs. Wharton declared that she had repaid him what she

owed him and that he had then given her back the note of hand, which was

destroyed there and then. She furthermore claimed from his estate a sum

of $4,000 in United States Bonds, which, as she asserted, she had

entrusted to the General's safe keeping; yet there was not the slightest

mention of any such transaction in his papers--a strange omission,

seeing that he was a man of unquestionable integrity, and most

scrupulously exact in all matters of account.

Chemical analysis of the stomach of the deceased disclosed the presence

of antimonial poison--one of the constituents of tartar emetic. The same

poison had been found in a tumbler of milk punch prepared by Mrs.

Wharton for General Ketchum, and in a tumbler of beer offered by Mrs.

Wharton to the other invalid in her house, Mr. van Ness. Mrs. Wharton

had been known to buy tartar emetic during the very week when these

singular illnesses occurred among the guests under her roof.

In these suspicious facts people easily found materials for believing in

a crime, and a story was soon spread to the effect that Mrs. Wharton had

succeeded in poisoning General Ketchum, and had tried to poison Mr. van

Ness. Meanwhile she resumed her preparations for her voyage to Europe;

but on the very day of departure, the 10th of July, 1871, a warrant for

her arrest was issued, and she was taken into custody. In the trial

which followed, a great many of the known facts were ruled out as

inadmissible. It was argued, and accepted in law, that an accusation of

murdering one man could not be supported by evidence of an attempt to

kill another, although almost at the same time and by the same means.

The charge of poisoning General Ketchum was tried as if there had been

no van Ness, as if no other person had been taken ill in Mrs. Wharton's

house. But by reason of the predisposition of the public mind, the case

was transferred from Baltimore to Annapolis, and there tried.

The first witness was a Mrs. Chubb, who had accompanied General Ketchum

to Baltimore, and who testified that he had fallen ill directly he

arrived. He was seized with vomiting, giddiness, and general nausea,

which lasted for three days. A doctor was then called in, who prescribed

medicine, but Mrs. Wharton broke the bottle, whether by accident or

intentionally it was impossible to say. Distinct evidence was first

afforded of the possession of tartar emetic by Mrs. Wharton. Mrs. Chubb,

who went out to get a fresh bottle of medicine for the General, was

asked to buy the antimony also, which Mrs. Wharton said she wanted for

herself.

The invalid's condition improved a little the next day, and arrangements

were made to remove him to his own home. However, he relapsed and became

worse than ever. The doctor prescribed medicine, which was to be given

him at intervals, but before the time for taking the second dose, Mrs.

Wharton appeared with it, or something like it, yet different, and more

of it than was prescribed. This she strenuously urged the General to

swallow, and succeeded in inducing him to do so. Within fifteen minutes

he was racked with terrible pain. He tore with his fingers at his

throat, chest, and stomach until he broke the skin, then followed

fierce convulsions, at the end of which he died.

Fresh evidence was forthcoming, but not accepted, against Mrs. Wharton.

At her suggestion Mrs. van Ness, who had been nursing her brother, had

concocted some milk punch. This was made in two portions. One was given

to Mr. van Ness, and produced symptoms very similar to those exhibited

by the unfortunate General Ketchum; the other had been left in a

refrigerator by the General's bedside, and when what was left had been

examined by Mrs. van Ness, she declared it had been tampered with; there

was a strange muddy deposit at the bottom of the tumbler, and when

tasted it was metallic, leaving a curious grating sensation in the

mouth. The original constituents had been no more than whisky, milk, and

sugar. This testimony was ruled out of order, as belonging to an

entirely different case.

The doctor who had attended the General gave evidence as to the symptoms

he observed and the remedies applied. At first sight he thought him to

be suffering from Asiatic cholera; but later developments were more

those of apoplexy, and then again he feared paralysis. He at length had

his suspicions aroused, and hinted at poison. The remains of the

suspected tumbler were shown him, and his doubts became convictions.

With regard to the poisonous action of tartar emetic, the doctor

testified that he had noticed all its symptoms in the deceased, although

there was a strong similarity between them and those of cholera. Other

medical opinion was to the effect that death might have been due to

cerebro-spinal meningitis, and some stress was laid upon the absence of

antimonial poison in many of the internal organs, although it was

contended it had been found in small quantities in the stomach. The same

lethal drug had been also detected by analysis in the sediment at the

bottom of the tumbler of milk punch.

The verdict of the jury was "Not guilty," but it did not satisfy public

opinion, and it was generally felt that Wharton's counsel had by no

means established her innocence; none of the incriminating facts had

been entirely disproved, nor had the exact truth in regard to the money

transactions been elicited. No doubt the accused escaped chiefly owing

to the fact that chemical experts, called by her counsel, were not

satisfied, beyond the possibility of all reasonable doubt, that antimony

had been found in the vital organs of General Ketchum. At the time of

this trial another indictment was also pending against Mrs. Wharton,

charging her with an attempt to kill Mr. van Ness by administering

poison. But some months later the counsel for the State entered a _nolle

prosequi_, for what reasons was never generally or distinctly known.

THE STORY OF THE PERRYS.

Truth is stranger than fiction, as we have heard often enough, but in

this extraordinary case we shall never know how much is fiction, how

much truth. If justice failed, it was misled by a series of the

strangest circumstances, some of which have remained a mystery to the

present hour. The following details are taken from an account written by

a magistrate resident near the scene of the occurrence, and by name Sir

Thomas Overbury, the direct descendant of the unfortunate Overbury

poisoned in the Tower.

[Illustration: RUINS OF OLD CAMPDEN HOUSE, WITH THE BANQUETING HALL ON

THE LEFT.]

The village of Campden, in Gloucestershire, some five-and-twenty minutes

from the cathedral town and county seat, gave its name to the

Viscountess Campden, the lady of the manor. Her steward and agent, a

certain William Harrison, a man of seventy years, started from Campden

on the 16th of August, 1660, to walk over to the neighbouring village of

Charringworth, where he wished to collect rents due to his mistress. As

he had not returned according to his wont between 8 and 9 p.m., Mrs.

Harrison, his wife, despatched a servant named John Perry along the road

to meet him and bring him safely home. Neither Perry nor his master

returned that night. Next morning Edward Harrison, the son, proceeded to

Charringworth to inquire for his father, and on his way met Perry, the

servant, coming from that village. Perry told Edward Harrison that Mr.

Harrison had not been heard of, and the two together visited another

village, Ebrington, and there got some news. A villager stated that the

elder Harrison had paid him a passing call the night before, but had

made no stay.

They next went to Paxford, a mile thence, where further news met them.

They heard that a poor woman had picked up, in the high road between

Ebrington and Campden, a hat, a hat-band, and a comb, and seeking her

out, they found her "leasing" or gleaning in a field, whereupon she

delivered up the articles, and they were at once identified as Mr.

Harrison's. The woman was forthwith desired to point out the spot where

she had picked them up, and she showed it them on the road "near unto a

great furze brake." As the hat-band was bloody and the comb all hacked

and cut, it was reasonably concluded that their owner had been murdered.

Mr. Harrison's disappearance so greatly alarmed his wife that she

conceived he had met with foul play at the hand of John Perry, the

servant whom she had sent to convoy him home. At her instance,

therefore, Perry was seized and carried before a justice, who

straightway bade him explain why he had stayed absent the whole of the

night he had been sent to look for his master. Perry's story was that he

had not gone "a land's length" towards Charringworth when it came on so

dark he was afraid to go forward, and he returned to the Harrisons'

house, meaning to take out his young master's horse. But he did no more

than make another false start, and then, without informing his mistress

that he was still on the premises, he lay down to rest in the hen-roost,

where he continued for an hour or more, "but slept not." About midnight

he turned out again, and the moon having now risen he really started for

Charringworth. Once more he was stopped; this time by a great mist, in

which he lost his way, and finally he took refuge under a hedge, where

he slept till daybreak. At last he reached Charringworth, and learning

that his master had been there the previous day, followed his movements

as he went from house to house receiving monies for rent. There were,

however, no signs of the missing man in the village now.

Most of Perry's statements were verified by other witnesses; but the

case was black against him, and he was detained by the law until

something definite came out concerning Mr. Harrison. A week passed,

during which Perry was lodged "sometimes in an inn in Campden, sometimes

in the common prison," and all the time he was devising different

stories to account for his master's disappearance. One was that a tinker

had killed him; another that the servant of a neighbouring squire had

robbed and murdered him; and thirdly, that he had been killed in

Campden, where his body was hidden in a bean-rick, which was searched,

but no body found. On further examination, being pressed to confess, he

again insisted that Mr. Harrison had been murdered, "but not by him."

Then the justice said if he knew of the murder he must know also the

perpetrators, and this John Perry presently allowed by putting the whole

blame on his own mother and brother.

He charged these near relatives with having constantly "lain at him"

ever since he was in Mr. Harrison's service, urging him to help them

with money, reminding him how poor they were, and how easy it was for

him to relieve them; he need do no more than give them notice when his

master went to receive his rents, and they could then waylay him and rob

him. Perry went on to say that he met his brother Richard on the very

morning that Mr. Harrison went to Charringworth, and that the brother,

hearing of the rent collection, was resolved to have the money; that

when he (John Perry) started by his mistress's order to bring Mr.

Harrison safely home, he again met his brother Richard, who was lying in

wait at a gateway leading from Campden Churchyard into the "Conygree,"

certain private grounds and gardens of Lady Campden's place. By-and-bye,

having entered this "Conygree," which was possible only to those who had

the key, he found that his master was being attacked; he was "on the

ground, his brother upon him, and his mother standing by." He begged

hard that they would not hurt his master, who was crying, "Ah, rogues,

you will kill me!" but his brother Richard replied: "Peace, peace! you

are a fool," and so strangled him, "which having done, he took a bag of

money out of his (Mr. Harrison's) pocket, and threw it into his mother's

lap," and then he and his mother consulted what to do with the body.

[Illustration: VIEWS OF CAMPDEN AS IT IS NOW.

1. Buildings just inside the "Conygree," where Harrison was said to have

been strangled.

2. The "Great Sink" or Mill Pond into which Harrison's body was said to

have been thrown.

3. Entrance to the "Conygree" (right of the steps).]

It was decided that they should drop it into the Great Sink, behind

certain mills near the garden, and this they did. John Perry told all

this most circumstantially, making it agree with his own movements and

the various facts that had come to light, describing how he had gone

into the hen-roost but could not sleep; how he had taken with him the

hat, band, and comb (and cut the latter with his knife), how he had cast

them down upon the highway where they were found, giving as his reason

that he hoped it might be believed that his master had been robbed and

murdered.

The justices, on this confession, sent to search the Sink at the mill,

but without success; "the fish pools likewise in Campden were drawn and

searched, but nothing could be there found," so that "some were of

opinion the body might be hid in the ruins of Campden House, burnt in

the late wars, and not unfit for such concealment, where was likewise

search made, but all in vain." No time was lost, however, in securing

the other Perrys--Joan, the mother, and Richard, both of whom were

informed of the accusation brought against them, which "they denied with

many imprecations." John, nevertheless, persisted that he had spoken

nothing but truth. Suspicion was strengthened against Richard Perry by

his being seen to drop a ball of "inkle," which he declared was his

wife's "hair lace," but which John, when it was shown to him, said he

knew to his sorrow, for it was the string his brother had strangled Mr.

Harrison with. Other significant evidence was quoted, as that Richard's

nose "fell a-bleeding" when he met his children, being on his way to be

admonished by the minister in church. Again, it was remembered that a

year before there had been a robbery at Mr. Harrison's, when £140 was

stolen from the house at noonday; and John Perry was now asked if he

knew aught of the matter. His answer was that his brother Richard was

the thief, that he, John Perry, had given him notice that the money was

in a room that could be reached by a ladder to the window, and that

Richard had stolen it while the master was in church with his whole

family "at lecture."

The three Perrys, Joan, John, and Richard, were arraigned at the next

assizes on two separate counts: house-breaking and robbery (of £140),

and again robbery and the murder of William Harrison. The judge would

not allow the second charge to be proceeded with, as no body had been

found, but they acknowledged, indeed, pleaded guilty to it, begging for

the king's pardon under the recent Act of Oblivion. The charge of murder

was again advanced at the next assize before another judge, and allowed;

it ended in a verdict of guilty, mainly on the strength of John's

confession, although by this time John had gone out of his mind. This

was enough to satisfy those who administered the law; and the three,

Joan, John, and Richard Perry, were all sentenced to be hanged. The

execution was carried out without delay on Broadway Hill, in sight of

Campden, where John was also hung in chains.

The strangest part of this affair has yet to be told. William Harrison

was not dead; he had been much misused, but had not been murdered, and

three years later he reappeared in the flesh. His was a marvellous tale,

and its veracity was questioned at the time, but we cannot discredit it

entirely.

The account he gave of himself is found in a letter he addressed to Sir

Thomas Overbury, whose narrative has been followed throughout.

On the day in question, Thursday, the 16th of August, 1660, he went to

Charringworth to collect Lady Campden's rents, but as harvest was in

progress the tenants did not come home from the fields till late, and he

was kept at Charringworth till nightfall. He received no more than £23,

although he had expected a very considerable sum. With this in his

pocket he took his road home, and reached at length the Ebrington

Furzes, where the tract passed through a narrow passage. Here he was

suddenly faced by a man mounted on horseback, and fearing to be ridden

down he struck the horse over the nose, whereupon the horseman drew his

sword and attacked him, Harrison making what defence he could with his

cane. Then came another behind him, who caught him by the collar and

dragged him towards the hedge, and after him a third. They did not rob

him of his money, but two of them lifted him into the saddle behind the

third, and forcing his arms around the rider's middle, fastened the

wrists together "with something that had a spring lock to it as I

conceived by hearing it give a snap as they put it on." After this they

threw a cloak over him, and carried him away, riding some distance till

they halted at a stone pit, into which they tumbled him, having now

taken all his money. An hour later they bade him come out of the pit,

and when he asked what they would do with him they struck him, then

mounted him again in the same manner; but before riding away they filled

his pockets with a great quantity of money, which incommoded him much in

riding, so that by next afternoon, when they again drew rein, he was

sorely bruised.

They had come now to a lone house upon a heath, where he was carried

upstairs, and they stayed the night. The woman of the house was told

that he was much hurt, and was being carried to a surgeon; they laid him

on cushions on the floor, and gave him some broth and strong waters.

Next day, Saturday, they rode on as before and they lay that night at a

place where there were two or three houses, where again he slept on

cushions. The next day, Sunday, they reached Deal, and halted by the

seaside. One of them kept guard over the prisoner while the two others

entered into conference with a man who was awaiting them. This man,

whose name he afterwards heard was Renshaw, was afraid that Harrison

would die before he could be got on board, but he was put into a boat

and carried to a ship, where his wounds were dressed, and in a week's

time "he was indifferently recovered." Now the master of the ship came

one day to say that they were chased by Turkish pirates, and when all

offered to fight in defence of the ship he would not suffer it, but

handed them over prisoners to the Turks. They were lodged in a dark

hole, and remained there in wretched plight, not knowing how long it was

before they landed, nor where they were put on shore, except that it was

a great house or prison. Presently they were called up and viewed by

persons who came to buy them, and Harrison, having said that he had some

skill in physic, was taken by an aged physician who lived near Smyrna,

and who had at one time resided in England, at Crowland, in

Lincolnshire. Harrison was set to keep the still-room, and was fairly

well treated, except on one occasion, when his master, being displeased,

felled him to the ground, and would have stabbed him with his stiletto.

After nearly two years' captivity Harrison's master fell sick and died,

but before the end he liberated his captive, and bade him shift for

himself. Harrison made his way to a seaport about a day's journey

distant, where he met two men belonging to a Hamburg ship, and now about

to sail for Portugal. He implored them to give him passage, but they

replied that they did not dare, nor would they yield for all his

importunity. At last a third man from the same ship consented to take

him on board provided he would lie down above the keel, and remain

hidden till they got to sea. They carried him safely to Lisbon, where

they put him on shore, penniless and friendless, as he thought, but he

happened fortunately on three Englishmen, one of whom took compassion on

him, provided him with lodging and diet, and at last procured him a

passage home.

Harrison's story was published in 1676, together with the original

narrative of Sir Thomas Overbury, and certain critical remarks were

appended. It was said that many people doubted whether Harrison had ever

been out of England. Nevertheless, it was certain that he had absented

himself from his home and friends for a couple of years, and unless he

was carried forcibly away there is no plausible

[Illustration: "FELLED HIM TO THE GROUND AND WOULD HAVE STABBED HIM" (p.

166).]

explanation of his disappearance. It seemed on the face of it highly

improbable that a man who bore a good character, who was in comfortable

circumstances, the esteemed servant of an honourable family for nearly

fifty years, would have run away without the least warning, and

apparently for no sort of reason. He was already seventy years of age,

and he left behind him a very considerable sum of Lady Campden's money.

That he was seized and sequestrated can hardly be doubted, but how or by

whom, except so far as he himself describes, was never satisfactorily

known. It was thought that his eldest son, hoping to succeed him in the

stewardship to Lady Campden, might have compassed his father's removal.

This view was supported by the fact that when he did become steward he

betrayed his trust. Yet again, to suppose that the elder Harrison would

allow the Perrys to suffer death for a crime of which he knew they must

be innocent was to accuse him of the deepest turpitude.

The conclusion generally arrived at was that the facts actually did

happen very much as they were related, yet the whole story is involved

in mystery. The only solution, so far as Perry is concerned, is that he

was mad, as the second judge indeed declared. But we cannot account for

Harrison's conduct on any similar supposition. If his own story is

rejected as too wild and improbable for credence, some other explanation

must be found of his disappearance. Unless he was out of the country, or

at least beyond all knowledge of events at Campden, it is difficult to

understand what motive would have weighed with him when he heard that

three persons were to be hanged as his murderers. The only possible

conclusion, therefore, is that he was carried away, and kept away by

force.

CHAPTER IV.

POLICE MISTAKES.

The Saffron Hill Murder: Narrow Escape of Pellizioni: Two Men in

Newgate for the Same Offence--The Murder of Constable Cock--The

Edlingham Burglary: Arrest, Trial, and Conviction of Brannagan and

Murphy: Severity of Judge Manisty: A new Trial: Brannagan and

Murphy Pardoned and Compensated: Survivors of the Police

Prosecutors put on their Trial, but Acquitted--Lord Cochrane's

Case: His Tardy Rehabilitation.

No human institution is perfect, and the police are fallible like the

rest. They have in truth made mistakes, all of them regrettable, many

glaring, many tending to bring discredit upon a generally useful and

deserving body. If they would freely confess their error they might, in

most cases, be forgiven when they go wrong; but there have been

occasions when only the pressure of facts which there was no disputing

has elicited from them a reluctant admission that they have been on the

wrong track. One or two instances of their persistence in error will now

be adduced.

PELLIZIONI.

In the Pellizioni case, 1863-4, there might have been a terrible failure

of justice, as terrible as any hitherto recorded in criminal annals.

This was a murder in a public-house at Saffron Hill, Clerkenwell. The

district then, as now, was much frequented by immigrant Italians, mostly

of a low class, and they were often at variance with their English

neighbours. A fierce quarrel arose in this tavern, and was followed by a

deadly fight, in which a man named Harrington was killed, and another,

Rebbeck, was mortally wounded. The police were speedily summoned, and,

on arrival, they found an Italian, Pellizioni by name, lying across

Harrington's body, in which life was not yet extinct. Pellizioni was at

once seized as the almost obvious perpetrator of the foul deed. He

stoutly proclaimed his innocence, declaring that he had only come in to

quell the disturbance, that the murdered man and Rebbeck were already on

the ground, and that in the scuffle he had been thrown on the top of

them. But the facts were seemingly against him, and he was duly

committed for trial.

[Illustration: "FOUND AN ITALIAN ... LYING ACROSS HARRINGTON'S BODY" (p.

169).]

The case was tried before Mr. Baron Martin, and although the evidence

was extremely conflicting, the learned judge said that he thought it

quite conclusive against the prisoner. He summed up strongly for a

conviction, and the jury brought in a verdict of guilty, whereon

Pellizioni was sentenced to be hanged. This result was not accepted as

satisfactory by many thoughtful people, and the matter was taken up by

the Press, notably by the _Daily Telegraph_. Some of the condemned

convict's compatriots became deeply interested in him. It was known that

in the locality of Saffron Hill he bore the repute of a singularly quiet

and inoffensive man. Ultimately, a priest, who laboured among these poor

Italians, saved Justice from official murder by bringing one of his

flock to confess that he and not Pellizioni had struck the fatal blows.

This was one Gregorio Mogni, but he protested that he had acted only in

self-defence.

Mogni was forthwith arrested, tried, and convicted of the crime, with

the strange result that now two men lay in Newgate, both condemned,

independently not jointly, of one and the same crime. If Mogni had

struck the blows, clearly Pellizioni could not have done so. Moreover, a

new fact was elicited at Mogni's trial, and this was the production--for

the first time--of the weapon used. It was a knife, and this knife had

been found some distance from the scene of the crime, where it could not

have been thrown by Pellizioni. And again, it was known and sworn to as

Mogni's knife, which, after stabbing the men, he had handed to a friend

to take away.

The gravamen of the charge against the police was that they had found

the knife before Pellizioni was tried. It was at once recognised all

through Saffron Hill that it was Mogni's knife, and with so much current

gossip it was hardly credible that the police were not also informed of

this fact. Yet, fearing to damage their case (a surely permissible

inference), they kept back the knife at the first trial. It was

afterwards said to have been in court, but it certainly was not

produced, while it is equally certain that its identification would have

quite altered the issue, and that Pellizioni would not have been

condemned. The defence, in his case, went the length of declaring that

to this questionable proceeding the police added false swearing. No

doubt they stuck manfully to their chief and to each other, but they

hardly displayed the open and impartial mind that should characterise

all officers of justice. In any case, it was not their fault that an

innocent man was not hanged.

WILLIAM HABRON.

The strange circumstances which led to the righting of this judicial

wrong must give the Habron case a pre-eminence among others of the

kind. The mistake arose from the ungovernable temper of the accused, who

threatened to shoot a certain police officer, under the impression that

he had been injured by him.

In July, 1875, two brothers, William and John Habron, were taken before

the magistrates of Chorlton-cum-Hardy, near Manchester, charged with

drunkenness. Grave doubts, were, however, expressed in court as to the

identity of William Habron. The chief witness, constable Cock, was very

positive; he knew the man, he said, because he had so often threatened

reprisals if interfered with. But the magistrates gave William the

benefit of the doubt, and discharged him. As he left the court he passed

Cock and said, "I'll do for you yet. I shall shoot you before the night

is out."

[Illustration: COCK, THE MURDERED CONSTABLE.

(_From a Photograph._)]

Others heard the threat, but thought little of it, among them

Superintendent Bent, of the Manchester police. That same night Bent was

roused out with the news that Cock had been shot. He ran round to West

Point, where the unfortunate officer lay dying, and although unable to

obtain from him any distinct indication of the murderer, he concluded at

once that John Habron must be the man. He knew where the brothers

lodged, and taking with him a force of police, he surrounded the house.

"If it is anyone," said the master of the house and employer of the

accused, "it is William--he has such an abominable temper." All three

brothers--William, John, and Frank Habron--were arrested in their beds

and taken to the police-station. In the morning a strict examination of

the ground where Cock had been shot revealed a number of footmarks. The

Habrons' boots were brought to the spot and found to fit these marks

exactly.

The evidence told chiefly against William Habron, who was identified as

the man who had bought some cartridges in a shop in Manchester. Both

William and John brought witnesses to prove an _alibi_, but this failed

under cross-examination. Again, they sought to prove that they had gone

home to bed at nine o'clock on the night of the murder, while other

witnesses swore to seeing them drinking at eleven p.m. in a public-house

which Cock must have passed soon after that hour on his way to West

Point, the spot where he was found murdered. The fact of William

Habron's animus against the constable was elicited from several

witnesses, but what told most against the prisoners was the

contradictory character of the defence. William Habron alone was

convicted, and sentenced to penal servitude.

Years afterwards the notorious Charles Peace, when lying under sentence

of death in Leeds prison, made full confession to the writer of these

pages that it was he who had killed constable Cock on the night in

question. The case was taken up at once, and after thorough

investigation of the facts, as stated by Peace, Habron received a full

pardon and an indemnity of £800.

THE EDLINGHAM BURGLARY.

Almost at the very time that William Habron was receiving tardy justice

a new and still more grievous error was being perpetrated in the North

of England. The Edlingham burglary case will always be remembered as a

grave failure of justice, and not alone because the circumstantial

evidence did not appear sufficient, but because the police, in their

anxiety to secure conviction, went too far. As the survivors of the

Northumberland police force concerned in this case were afterwards put

upon their trial for conspiracy and acquitted, they cannot be actually

charged with manufacturing false evidence, but it is pretty clear that

facts were distorted, and even suppressed, to support the police view.

The vicarage at Edlingham, a small village near Alnwick, was broken into

on the 7th of February, 1879. The only occupants of the house were Mr.

Buckle, the vicar, his wife, an invalid, his daughter and four female

servants. The daughter gave the alarm about one a.m., and roused her

father, a still sturdy old gentleman although seventy-seven years of

age, who slipped on a dressing-gown, and seizing a sword he had by him,

rushed downstairs, candle in hand, to do battle for his possessions. He

found two men rifling the drawing-room, and thrust at them; one rushed

past him and made his escape, the other fired at the vicar and wounded

him. The same shot (it was a scatter gun) also wounded Miss Buckle. This

second burglar then jumped out of the drawing-room window on to the soft

mould of a garden bed.

The alarm was given, the police and a doctor were summoned. The latter

attended to the wounds, which were serious, and the police, under the

orders of Superintendent Harkes, an energetic officer, immediately took

the necessary steps to discover the culprits. Officers were despatched

to visit the domiciles of all the poachers and other bad characters in

Alnwick, while a watch was set upon the roads into the town so that any

suspicious persons arriving might be stopped and searched. Then Mr.

Harkes drove over to Edlingham to view the premises. He found the window

in the drawing-room through which the burglars had entered still open,

and the room, all in confusion, ransacked and rifled. One of the

servants gave him a chisel which she had found in an adjoining room,

another handed over a piece of newspaper picked up just outside the

dining-room door. The police-officer soon saw from the marks made that

the chisel had been used to prise open the doors, and so soon as

daylight came he found outside in the garden the print of feet and the

impress of hands and knees upon the mould.

Meanwhile, the officers in Alnwick had ascertained that two men, both of

them known poachers, had been absent from home during the night. Their

names were Michael Brannagan and Peter Murphy; both were stopped on the

outskirts of the town about seven o'clock on the morning of the 8th.

There was nothing more against them at the moment than their absence

during the night, and after having searched them the police let them go

home. Brannagan was quickly followed, and arrested as he was taking off

his dirty clogs. Murphy, who lodged with his sister, had time to change

his wet clothes and boots before the officers appeared to take him. A

girl to whom he was engaged, fearing

[Illustration: MR. BUCKLE SURPRISING THE BURGLARS.]

something was wrong, quickly examined the pockets of his coat, and,

finding some blood and fur, tore these pockets out, and hid the coat.

When the police returned and asked for the clothes he had been wearing,

she gave them a jacket belonging to Peter's brother-in-law, an old man

named Redpath.

At the police-station, the prisoners were stripped and examined. There

was no sign of a sword wound on either of them, nor any hole or rent

that might have been made by a sword-thrust through their clothes. That

same day the prisoners were taken to Edlingham, and everything was

arranged as during the burglary. But Mr. Buckle could not identify

either of them, nor could Miss Buckle. The case against the prisoners

was certainly not strong at this stage. Moreover, there was this strong

presumption in their favour--that people engaged in such an outrage as

burglary and wounding with intent would not have returned openly to

their homes within a few hours of the commission of the crime. When

brought before the magistrates for preliminary inquiry, the prisoners

found fresh evidence adduced against them. The police, in the person of

Mr. Harkes, had traced foot-marks going through the grounds of the

vicarage, and out on to the Alnwick road. Plaster casts were produced of

these footmarks, also the boots and clogs of the prisoners, and all were

found to correspond. The chisel found in the vicarage had been traced to

Murphy. His brother-in-law, old Redpath, had been induced to identify it

as his property. This admission had been obtained from Redpath by a

clever ruse, as the police called it, although they had really set a

trap for him, and he had owned to the chisel although it was not his at

all. Another damning fact had been elicited in the discovery of a scrap

of newspaper in the lining of Murphy's coat (which, as we know, was not

Murphy's, but Redpath's), which fragment fitted exactly into the

newspaper picked up in the vicarage. This scrap of paper was unearthed

from the coat on the 16th of February, by an altogether independent and

unimpeachable witness, Dr. Wilson, the medical gentleman who attended

the Buckles. It may be observed that the coat itself had been in the

possession of the police for just nine days; so had the original

newspaper.

The evidence was deemed sufficient, and both prisoners were fully

committed for trial at the Newcastle spring assizes of 1879. It is now

known that certain facts, damaging to the prosecution, had been brought

to the notice of the police. They had positive information that other

persons had been abroad from Alnwick that night; they had received a

statement, made with much force by one who had good reason to know, that

the wrong men had been arrested; while there were witnesses who had met

the prisoners soon after the burglary on the other side of Alnwick. On

the other hand, fresh evidence against them was forthcoming at the

trial. This was the discovery of a piece of fustian cloth with a button

attached, which had been picked up by a zealous police-officer under the

drawing-room window, a month after the burglary. Here again was damaging

evidence, for this scrap of cloth was found to fit exactly into a gap in

Brannagan's trousers. It was said afterwards, at the trial of the

police, that they had purposely cut out the piece; and it was proved in

evidence that a tailor of Alnwick, to whom the trousers and piece were

submitted, expressed his doubts that the accident could have happened in

jumping out of the window. The tear would have been more irregular, the

fitting-in less exact. Moreover, the piece of cloth was perfectly fresh

and clean when found, whereas, if it had lain out for nearly a month in

the mud and snow, it must have become dark and dirty, and hard at the

edges, as corduroy goes when exposed to the weather. As, however, the

judge would not allow the cloth and button to be put in evidence, they

played no important part in the case until the subsequent prosecution of

the police, except possibly in prejudicing the minds of the jury against

Brannagan and Murphy.

The prisoners were ably defended by Mr. Milvain, afterwards a Q.C. His

case was that Mr. Buckle (who had corrected his first denial, and,

later, had identified the men) was mistaken in the confusion and

excitement of the burglarious attack; and that the police had actually

conspired to prove the case with manufactured evidence, so as to avoid

the reproach of another undetected crime. In support of this grave

charge he argued that even if the footprints had not been made

deliberately with the boots and clogs in their possession, there had

been a great crowd of curious folk all around the house after the crime,

any of whom might have made the marks. But a still stronger disproof was

that there were no distinct footmarks under the drawing-room window,

only vague and blurred impressions; a statement borne out long

afterwards, when it was found that the real burglars had taken the

precaution to cover their feet with sacking. Again, the evidence of the

newspaper was altogether repudiated on the grounds that it had not been

sooner detected, and had been put with malicious intention where it was

found. Lastly, several witnesses swore that they had never seen in the

possession of old Redpath any chisel such as that produced; while as to

the gun, it was denied that either prisoner had ever possessed any

firearms. Their poaching was for rabbits, and they always used a clever

terrier.

[Illustration: EDLINGHAM RECTORY.

_Photo: Cassell & Co., Limited._]

The judge (Manisty) summed up strongly against the prisoners, but the

jury did not so easily agree upon their verdict. They deliberated for

three hours, and at last delivered a verdict of guilty, whereupon the

judge commended them, and proceeded to pass the heaviest sentence in his

power, short of death. He sought in vain, he said, "for any redeeming

circumstance" that would justify him in reducing the sentence. Had Mr.

or Miss Buckle succumbed to their wounds, he must have condemned the

prisoners to death. It is clear, then, that Judge Manisty was only saved

by mere accident from making as grievous a mistake as any into which a

judge ever fell.

Brannagan and Murphy were removed from court protesting their innocence.

They went into penal servitude with the same disclaimer.

Seven years dragged themselves along, and there seemed no near prospect

of release, "life" convicts being detained as a rule for at least twenty

years. But now, by some unseen working of Providence, a light was about

to be let in on the case. It came to the knowledge of a young solicitor

in Alnwick that a certain George Edgell had been "out" on the night of

the Edlingham burglary, and that when he came in, a little before the

general alarm, his wife had begged their fellow-lodgers to say nothing

about his absence. Mr. Percy, Vicar of St. Paul's, Alnwick, through

whose unstinting exertions justice at last was done, knew Edgell and

questioned him, openly taxing him with complicity in the now nearly

forgotten crime. Edgell at first stoutly denied the imputation, but

seemed greatly agitated and upset. Added to this, it was stated

authoritatively that Harkes, the police superintendent, who was now

dead, admitted that he had been wrong, but that it was too late to

rectify the mistake.

There was some strong counter influence at work, and Mr. Percy found

presently that another man, named Charles Richardson, was constantly

hanging about Edgell. The reason came out when at last Edgell made full

confession of the burglary, and it was seen that this Richardson was his

accomplice. They had been out on a poaching expedition, but had had

little success. Then Richardson proposed to try the vicarage, and they

forced their way in. Richardson used a chisel which he had picked up in

an outhouse to prise open the windows and doors. All through he had been

the leader and moving spirit. He it was who had first thought of the

burglary, who had carried off the only bit of spoil worth having, Miss

Buckle's gold watch, and this, by a curious Nemesis, afforded one of the

strongest proofs of his guilt. A seal or trinket had been attached to

the chain, and years afterwards, the jeweller to whom he had sold it

came forward as a witness against him. The watch itself he had been

unable to dispose of, he said, and he threw it into the Tyne. Richardson

was a burly ruffian of great stature, and possessed of enormous

strength; a quarrelsome desperado, who had already been tried for the

murder of a policeman but acquitted for want of sufficient legal proof.

The matter was now taken up by Mr. Milvain, Q.C., who, it will be

remembered, defended Brannagan and Murphy, and who had become Recorder

of Durham. At his earnest request, backed by strong local

representations, the Home Secretary at length ordered a Commission of

Inquiry, admitting that the circumstances of the case were "most

singular and unprecedented." A solicitor of Newcastle was appointed to

investigate the whole matter, and the fresh facts, with Edgell's

confession, were set before him. On his report the conviction was

quashed. It was now seen that the evidence which had condemned those

innocent men to a life sentence was flimsy, and much of it open to

doubt. All the weak points have been already set forth, and it is enough

to state that Brannagan and Murphy were forthwith released, and returned

in triumph to Northumberland. The Treasury adjudged them the sum of £800

each, as some slight compensation for their seven years spent in durance

vile, and the money was safely invested for them by trustees. Brannagan

at once obtained employment as a wheelwright, the handicraft he had

acquired in prison, and Murphy, who was a prison-taught baker, adopted

that trade, and married the girl Agnes Simm, who had befriended him in

regard to the coat on the morning after the burglary.

The real offenders were in due course put upon their trial at Newcastle,

before Mr. Baron Pollock, were found guilty, and sentenced each to five

years' penal servitude. A petition, with upwards of three thousand

signatures, was presented to the Home Secretary, praying for a

mitigation of sentence on the ground that Edgell's voluntary confession

had righted a grievous wrong. The reply was in the negative, and this

decision can no doubt be justified. But it is impossible to leave this

question of sentence without commenting upon the extraordinary

difference in the views of two of her Majesty's judges in dealing with

precisely the same offence. There is no more glaring instance on record

of the inequality in the sentences that may be passed than that of Mr.

Justice Manisty inflicting "life" where Mr. Baron Pollock thought five

years sufficient.

Another trial was inevitable before this unfortunate affair came to an

end. The conduct of the police had been so strongly

[Illustration: CONVICTS AT WORK.

1. Mat-making.

2. Boot-making.

3. Serving Dinner.

4. Basket-weaving.

5. Carpentry in Cell.

_Photos: W. H. Grove, Brompton Road, S.W._]

impugned that nothing less than a judicial investigation would satisfy

the public mind. A Scotland Yard detective, the well-known and highly

intelligent Inspector Butcher, had been sent down to Northumberland to

verify, if possible, strong suspicions, and hunt up all the facts. He

worked upon the problem for a couple of months, and a criminal

prosecution was ordered on his report. Harkes was now dead, but four of

his constables, Harrison, Sprott, Gair, and Chambers, were charged with

deliberately plotting the conviction of two innocent men. They were

accused of making false plaster casts of footprints; of entrapping

Redpath into a mistaken recognition of the chisel; of tearing a piece of

the newspaper found in the vicarage and feloniously placing it in the

lining of what they believed to be Murphy's coat; and lastly, of tearing

or cutting out from Brannagan's trousers a piece of cloth, which they

placed in the vicarage garden, to show that Brannagan had been there and

had jumped through the window. The real burglars, Edgell and Richardson,

were brought in their convict garb to give evidence against the

policemen by detailing their proceedings on the night of the crime.

Edgell's story was received with respect, coming as it did from a man

who was suffering imprisonment on his own confession. It was credibly

believed that Richardson had picked up the chisel, and all the

probabilities corroborated their statement that they had covered up

their feet with sacking. The defence was that the confession was all a

lie, and that the men who made it were worthless characters. In summing

up, Mr. Justice Denman showed that the evidence of deliberate conspiracy

was wanting, and that the police might be believed to have been honestly

endeavouring to do their duty in securing a conviction.

[Illustration: EX-SUPERINTENDENT BUTCHER, THE OFFICER WHO INVESTIGATED

THE EDLINGHAM CASE.]

The verdict was "Not guilty," and was generally approved, more perhaps

on negative grounds of want of proof than from any positive evidence of

innocence. But the result was no doubt influenced by the fact that the

principal person in the plot, if plot there was, had passed beyond the

reach of human justice. The chief mover in the prosecution was

Superintendent Harkes, and the rest only acted at his instigation.

LORD COCHRANE.

The prosecution and conviction of Lord Cochrane in 1814 may well be

classed under this head, for it was distinctly an error of _la haute

police_, of the Government, which as the head of all police, authorises

the detection of all wrong-doing, and sets the criminal law in motion

against all supposed offenders. It has now, been generally accepted that

the trial and prosecution of Lord Cochrane (afterwards Earl of

Dundonald) was a gross case of judicial error. He was charged with

having conspired to cause a rise in the public funds by disseminating

false news. There were, no doubt, suspicious circumstances connecting

him with the frauds of which he was wrongfully convicted, but he had a

good answer to all. His conviction and severe sentence, after a trial

that showed the bitter animosity of the judge (Ellenborough) against a

political foe, caused a strong revulsion of feeling in the public mind,

and it was generally believed that he had not had fair play. The law,

indeed, fell upon him heavily. He was found guilty, and sentenced to pay

a fine of £500, to stand in the pillory, and to be imprisoned for twelve

months. These penalties involved the forfeiture of his naval rank, and

he had risen by many deeds of conspicuous gallantry to be one of the

foremost officers in the British Navy. His name was erased from the list

of Knights of the Bath, and he was socially disgraced. How he lived to

be rehabilitated and restored to his rank and dignities is the best

proof of his wrongful conviction.

The story told by Lord Cochrane himself in his affidavits will best

describe what happened. Having just put a new ship in commission,

_H.M.S. Tonnant_, he was preparing her for sea with a convoy. He was an

inventive genius, and had recently patented certain lamps for the use of

the ships sailing with him. He had gone into the city one morning, the

21st of February, 1814, to supervise their manufacture, when a servant

followed him with a note. It had been brought to his house by a military

officer in uniform, whose name was not known, nor could it be

deciphered, so illegible was the scrawl. Lord Cochrane was expecting

news from the Peninsula, where a brother of his lay desperately wounded,

and he sent back word to his house that he would come to see the officer

at the earliest possible moment. When he returned he found a person he

barely knew, who gave the name of Raudon de Berenger, and told a strange

tale.

He was a prisoner for debt, he said, within the rules of the King's

Bench, and he had come to Lord Cochrane to implore him to release him

from his difficulties and carry him to America in his ship. His request

was refused--it could not be granted, indeed, according to naval rules;

and de Berenger was dismissed. But before he left he urged piteously

that to return to the King's Bench prison in full uniform would attract

suspicion. It was not stated how he had left it, but he no doubt implied

that he had escaped and changed into uniform somewhere. Why he did not

go back to the same place to resume his plain clothes did not appear.

Lord Cochrane only knew that in answer to his urgent entreaty he lent

him some clothes. The room was at that moment littered with clothes,

which were to be sent on board the _Tonnant_, and he unsuspiciously gave

de Berenger a "civilian's hat and coat." This was a capital part of the

charge against Lord Cochrane.

De Berenger had altogether lied about himself. He had not come from

within the rules of the King's Bench but from Dover, where he had been

seen the previous night at the Ship hotel. He was then in uniform, and

pretended to be an aide-de-camp to Lord Cathcart, the bearer of

important despatches. He made no secret of the transcendent news he

brought. Bonaparte had been killed by the Cossacks, Louis XVIII

proclaimed, and the allied armies were on the point of occupying Paris.

To give greater publicity to the intelligence, he sent it by letter to

the port-admiral at Deal, to be forwarded to the Government in London by

means of the semaphore telegraph. The effect of this startling news was

to send up stocks ten per cent., and many speculators who sold on the

rise realised enormous sums.

De Berenger, still in uniform, followed in a post-chaise, but on

reaching London he dismissed it, took a hackney coach, and drove

straight to Lord Cochrane's. He had some slight acquaintance with his

lordship, and had already petitioned him for a passage

[Illustration: BOW STREET POLICE COURT IN 1808.

(_From a Contemporary Print by Rowlandson and Pugin._)]

[Illustration: LORD COCHRANE.

(_From the Painting by Stroehling._)]

to America, an application which had been refused. There was nothing

extraordinary, then, in de Berenger's visit. His lordship, again,

claimed that de Berenger's call on him, instead of going straight to the

Stock Exchange to commence operations, indicated that he had weakened in

his plot, and did not see how to carry it through. "Had I been his

confederate," says Lord Cochrane in his affidavit, "it is not within the

bounds of credibility that he would have come in the first instance to

my house, and waited two hours for my return home, in place of carrying

out the plot he had undertaken, or that I should have been occupied in

perfecting my lamp invention for the use of the convoy, of which I was

in a few days to take charge, instead of being on _the only spot_ where

any advantage to be derived from the Stock Exchange hoax could be

realised, had I been a participator in it. Such advantage must have been

immediate, before the truth came out; and to have reaped it, had I been

guilty, it was necessary that I should not lose a moment. It is still

more improbable that being aware of the hoax, I should not have

speculated largely for the special risk of that day."

[Illustration: _De Berenger._--

(_From Cruikshank's Etching._)]

We may take Lord Cochrane's word, as an officer and a gentleman, that he

had no guilty knowledge of de Berenger's scheme; but here again the luck

was against him, for it came out in evidence that his brokers had sold

stock for him on the day of the fraud. Yet the operation was not an

isolated one made on that occasion only. Lord Cochrane declared that he

had for some time past anticipated a favourable conclusion to the war.

"I had held shares for the rise," he said, "and had made money by sales.

The stock I held on the day of the fraud was less than

[Illustration: "GAMBLING IN THE STOCKS."

(_From Cruikshank's Etching._)]

I usually had, and it was sold under an old order given to my brokers to

sell at a certain price. It had necessarily to be sold." It was clear to

Lord Cochrane's friends--who, indeed, and rightly, held him to be

incapable of stooping to fraud--that had he contemplated it he would

have been a larger holder of stock on the day in question, when he

actually held less than usual. On these grounds alone they were of

opinion that he should have been absolved from the charge.

[Illustration: LORD COCHRANE AS HE APPEARED IN COURT.

(_From Cruikshank's Etching._)]

Great lawyers like Lords Campbell, Brougham, and Erskine have commented

on this case, all of them expressing their belief in Lord Cochrane's

innocence. Lord Campbell was of opinion that the verdict was "palpably

contrary to the first principles of justice, and ought to have been

reversed." The late Chief Baron, Sir Fitzroy Kelly, in criticising the

trial, ends by expressing his regret that "we cannot blot out this dark

page from our legal and judicial history." These are the opinions of

legal luminaries who were in the fullest mental vigour and acumen at the

time of the trial. They were intimately acquainted with all the facts,

and we may accept their judgment that a great and grievous wrong had

been done to a nobleman of high character, who had not spared himself in

the service of the State. Their view was tardily supported by the

Government in restoring Lord Cochrane to his rightful position in the

Navy.

The part taken by the late Lord Playfair in the rehabilitation of Lord

Dundonald has been told by Sir Wemyss Reid in his admirable "Memoirs"

of Playfair. Lord Dundonald died in October, 1860, and by his last will

bequeathed to his grandson, the present gallant earl, whose brilliant

achievements as a cavalry leader in the great Boer War have shown him to

be a worthy scion of a warrior stock, "all the sums due to me by the

British Government for my important services, as well as the sums of pay

stopped under perjured evidence for the commission of a fraud upon the

Stock Exchange. Given under my trembling hand this 21st day of February,

the anniversary of my ruin."

Lord Playfair was an intimate friend of the much-worried admiral, and

while he was a member of the House of Commons he made a strenuous effort

to carry out the terms of the above will by recovering the sums

mentioned in it. He moved for a Select Committee of the House, which

could not be refused, "as," to quote Playfair, "the whole world had come

to the conviction that Dundonald was entirely innocent." The Committee

was appointed, and was composed of many excellent men, including Spencer

Walpole, Russell Gurney, and Whitbread.

What followed shall be told in Playfair's own words. "I declined to go

upon the Committee," he writes in his Autobiography, as edited by Sir

Wemyss Reid, "as my feelings of friendship were too keen to make me a

fair judge. The Committee felt perfectly satisfied of Lord Dundonald's

innocence, but they hesitated as to their report from lack of evidence;

at the critical point an interesting event occurred.

"In 1814 Lord Dundonald and Lady X were in love, and though they did not

marry, always held each other in great esteem for the rest of their

lives. Old Lady X was still alive in 1877, and she sent me a letter

through young Cochrane, the grandson, authorising me to use it as I

thought best. The letter was yellow with age, but had been carefully

preserved. It was written by Lord Dundonald, and was dated from the

prison on the night of the committal. It tried to console the lady by

the fact that the guilt of a near relative of hers was not suspected,

while the innocence of the writer was his support and consolation.

"The old lady must have had a terrible trial. It was hard to sacrifice

the reputation of her relative; it was harder still to see injustice

still resting upon her former lover. Lord Dundonald had loved her and

had received much kindness from her relative, so he suffered calumny

and the injustice of nearly two generations rather than tell the true

story of his wrong.

"I had long suspected the truth, but I never heard it from Lord

Dundonald. The brave old lady tendered this letter as evidence to the

Committee, but I declined to give it in, knowing that had my friend been

alive he would not have allowed me to do so. At the same time I showed

the letter to the members of the Committee individually, and it had a

great effect upon their minds, and no doubt helped to secure the report

recommending that the Treasury should pay the grandson the back salary

of the admiral.

[Illustration: LORD COCHRANE IN CUSTODY.

(_From Cruikshank's Etching._)]

"The interesting letter itself I recommended should be put in the

archives of the Dundonald family, and this I believe has been done."

Part III.

POLICE--PAST AND PRESENT.

Mysteries of Police and Crime, Vol. 1 (of 3) · 第 1 / 11 章