COPY OF MEMORIAL FOR REPRIEVE

UNTO THE RIGHT HONOURABLE LORD

PENTLAND, HIS MAJESTY’S SECRETARY

OF STATE FOR SCOTLAND

MEMORIAL

ON BEHALF OF

OSCAR SLATER

This Memorial is humbly presented on behalf of Oscar Slater presently

a Prisoner in the Prison of Glasgow, who was, in the High Court of

Justiciary at Edinburgh, on Thursday, the sixth day of May, Nineteen

hundred and nine, found guilty of the charge of murdering Miss Marion

Gilchrist in her house in West Princes Street, Glasgow, and sentenced

to death. The Prisoner is a Jew, and was born in Germany. He is 37

years of age.

The Jury returned a verdict of “Guilty” by a majority of nine to six,

and the legal advisers of the condemned man hold a very strong opinion

that the verdict of the majority of the Jury was not in accordance

with the evidence led, and that this evidence was quite insufficient

to identify the Prisoner with the murderer, and so to establish the

Prisoner’s guilt. This view, they believe, is shared by the general

public of all classes in Scotland, and by the Glasgow press (vide

leading article in The Glasgow Herald of 7th May, 1909, sent herewith).

Your Memorialist has endeavoured in this paper to deal with the matter

as briefly and with as little argument as possible; but in view of

the fact that the trial of the Prisoner occupied four days, it is

inevitable that the Memorial should extend to some length.

It is common ground that the late Miss Gilchrist, a lady of about 82

years of age, resided alone with her domestic servant, Nellie Lambie, a

girl of about 21 years of age.

According to the evidence of Lambie, the latter left Miss Gilchrist

alone in the house at seven o’clock on the evening of 21st December,

1908, and went to purchase an evening paper. Lambie deponed that she

securely shut the house door behind her, and also the door at the

close, or street entry; that she was only absent about ten minutes;

that on returning about ten minutes past seven o’clock she found the

close door open; that upon ascending the stair she found Mr. Adams, a

gentleman who resides in the flat below, standing at Miss Gilchrist’s

house door; that Adams informed her that he had gone up to Miss

Gilchrist’s door because he had heard knocking on the floor of Miss

Gilchrist’s house, and had rung the bell, but that he could obtain no

admittance; that the lobby was lighted by one gas jet turned half up,

but giving a good light; that Lambie thereupon opened the house door

with her keys; that upon the door being opened a man came through the

lobby or hall of Miss Gilchrist’s house, passed Lambie and Adams, went

downstairs, and disappeared; and that, upon Lambie and Adams entering

the house, they found Miss Gilchrist lying on the dining-room floor

dead, her head having been smashed.

Upon the Wednesday following the murder (23rd December, 1908), the

Glasgow Police were informed by a message girl named Mary Barrowman

(about 15 years of age), that she had seen a man wearing a Donegal

hat and a light coat running out of the close which leads from the

street to Miss Gilchrist’s house shortly after seven o’clock on the

night of the murder; that the man passed her, running at top speed;

that she noticed that he was dark, and clean-shaven, and that his

nose was twisted towards the right side. The servant Lambie had also

informed the Police that a gold crescent brooch, set in diamonds, had

disappeared from Miss Gilchrist’s house on the night of the murder,

and that this was all of Miss Gilchrist’s property that she missed.

These statements were published in the Glasgow newspapers on Friday,

25th December, 1908, and following upon this the witness Allan Maclean,

a member of a club to which Slater belonged, informed the Police

that Slater’s appearance somewhat corresponded with the description

advertised, and that he had been trying to sell a pawn ticket for a

diamond brooch. Following up this clue, the Police went to Slater’s

house at 69, St. George’s Road, Glasgow, on the night of Friday, 25th

December, and learned that he and Miss Andrée Antoine, with whom he had

been cohabiting, had left Glasgow that night with their belongings. The

Police thereafter ascertained that Slater had sailed on the “Lusitania”

for New York from Liverpool on Saturday, 26th December, and cabled to

the Authorities at New York to detain and search him on his arrival.

This was done, and the pawn ticket, which he had been trying to sell,

was found upon him, but turned out to be a pawn ticket for a brooch

which belonged to Miss Antoine, had never belonged to Miss Gilchrist,

and had been pawned a considerable time before the murder. Proceedings,

however, were instituted for Slater’s extradition. The witnesses

Lambie, Adams, and Barrowman gave evidence in America, purporting to

identify him as the man seen leaving Miss Gilchrist’s house, and Slater

was (he states of his own consent) extradited, and brought back to

Scotland for trial.

An advertisement was published by the Authorities in Glasgow offering a

reward of £200 for information which would lead to the arrest of the

murderer.

The only evidence against Slater, which might be called direct

evidence, was the evidence of the persons who saw a man walk out of

the lobby or hall in Miss Gilchrist’s house on the night of the murder

(Lambie and Adams), or leaving the close leading therefrom, or running

along the street (Barrowman).

At the trials Lambie professed to identify Slater, as the man whom she

had seen leaving the house, by the side of his face. It was put to her,

however, and clearly proved, that when she gave evidence in New York

in the extradition proceedings she stated in Court there that she did

not see the man’s face, and professed to identify him by his walk. When

Slater’s own coat, the one found in his luggage, was shown to her at

the trial, she at once remarked, even before it was unrolled, that it

was not like the coat the man in the lobby wore--it was the coat. It

was obviously impossible that she knew it to be the same coat. Lord

Guthrie referred to this in his charge to the jury as a typical example

of the nature of her evidence. With regard to the positive nature

of her evidence generally, it is interesting to note that her first

answer in America, when asked if she saw the man, was, “One is very

suspicious, if anything.” She stated that, when she saw Slater in the

Central Police Office at Glasgow, she recognised him in his “own coat.”

It was proved that he was not then wearing his own coat, but one with

which he had been dressed for identification purposes.

The witness only saw the man who was leaving the house for a moment or

two. Adams and she contradicted each other as to where she was when the

man walked across the lobby. Adams deponed that she was by the lobby

clock and walking towards the kitchen. If so, she must practically have

had her back to the man. She says she was on the threshold of the door.

In any event, her view was momentary.

The witness Adams, who deponed that he had a better view of the man

in the house than Lambie, stated at the trial that he, standing at

the threshold, saw the man’s face as he approached, that their eyes

met, and that the man walked slowly towards him, face to face, but

Adams would not go further than to say that Slater resembled the man

very much. He is superior to Lambie and Barrowman in years, education

and intelligence. Your Memorialist begs to emphasise the fact that

this witness had a much better view of the man than any of the other

witnesses.

The witness Barrowman stated at the trial that the man ran out of

the close and rushed past her at top speed, brushing against her, and

that he had his hat pulled well down over his forehead. The witness is

a message girl, about 15 years of age. She also stated that the man

had on brown boots, a Donegal hat, and a fawn coat, and that he was

dark and clean-shaven, and that his nose had a twist to the right. She

professed to have noticed all these things as he rushed past her at top

speed. At the trial this witness stated in cross-examination (1) that

she was proceeding in the opposite direction from the man, to deliver

a parcel, but that she turned and went some distance after him; that

she thought he was probably going to catch a tram-car; but she could

not explain why she should go out of her way to turn and follow a man

running for a car in a busy city like Glasgow; and (2) that, although

the girl Lambie and she had occupied the same cabin on the voyage to

America, which lasted about twelve days, she had not once discussed the

appearance of the man, and that no one had warned her not to do so.

These two statements do not impress your Memorialist as bearing the

stamp of truth. This girl started the description of the twisted nose.

She is the only witness who refers to it. Her view of the man’s face

must necessarily have been momentary. Slater’s nose cannot properly be

described as “twisted to the right.” It has a noticeable prominence in

the centre.

All of these three witnesses had, as has been said, only a momentary

view of the man, and it was proved that before Barrowman professed to

identify Slater in New York she was shown his photograph, and that both

she and Lambie, before attempting to identify him in New York, saw him

being brought into Court by a Court official, wearing a badge. In her

New York evidence she first said, “He is something like the man I saw.”

At the trial she stated that he was the man. These facts very much

reduce, if they do not altogether vitiate, the value of the evidence of

these identifying witnesses.

Another witness, Mrs. Liddell, who is a married sister of the witness

Adams, stated that, at five minutes to seven on the evening of the

murder, she saw a dark, clean-shaven man leaning against a railing at

the street entry to Miss Gilchrist’s house, but that this man wore

a heavy brown tweed coat and a brown cap. It is to be observed that

Constable Neil, who passed the house at ten minutes to seven, saw no

one there; and Lambie, who left the house promptly at seven, or, as

she said in America, “perhaps a few minutes before seven,” saw no one

there. Further, Mrs. Liddell did not observe where the man went to;

according to her he merely glided away; and although she was in Miss

Gilchrist’s house that night and saw the body, and would naturally be

greatly concerned over the murder, she did not recollect having seen

this man until the Wednesday after the murder. Even taking her evidence

as absolutely true and reliable, it provides an excellent object-lesson

on the difficulty and responsibility of convicting on such evidence as

this, because the man she saw was obviously dressed differently from

the man seen by the other three witnesses. Her evidence does not, to

any appreciable extent, further the case against Slater, as she stated

that she thought this man was Slater, but admitted that she might be in

error.

The other witness is a girl named Annie Armour, a ticket clerk in the

Subway Station at Kelvinbridge, who says that between 7.30 and 8 that

evening a man, whom she identified as Slater, rushed past her office

without waiting for a ticket, and seemed excited. Lord Guthrie in his

charge to the jury did not refer to this witness, and your Memorialist

thinks advisedly. The mere question of time is sufficient to render

her evidence valueless. She is sure the incident did not happen before

7.30. According to the other witnesses, the murderer must have run

from the house by at least 7.15. It was proved that it would only take

a man five or six minutes to run from the scene of the tragedy to

this station, either by the most direct route or by the route which

Barrowman’s evidence suggests he took. Then it is impossible to suppose

that she could get anything like a good view, even of the side face, of

a man who rushed past her in the way she described.

All the witnesses who saw the man on the night of the murder (Monday)

say that he was clean-shaven. It was proved that on the next day or two

after the murder Slater had a short, black, stubbly moustache.

These were the only witnesses called by the Crown to identify Slater

with the murderer. Further circumstantial evidence, however, was led

by the Crown to show that, on occasions before the day of the murder,

Slater had been seen standing in or walking up and down West Princes

Street--Mrs. M’Haffie, her daughters and niece, Campbell, Cunningham,

Bryson, Nairn, and O’Brien and Walker (two policemen). It may be noted

that Slater’s house was situated about three minutes’ walk from West

Princes Street.

These witnesses did not all agree in their evidence. Some said that

Slater was the man they had seen; others, equally or perhaps better

able to judge, only said that he was very like him. The Memorialist

does not propose in this paper to deal at length with this part of the

evidence, except to point out that two witnesses (Nairn and Bryson) say

they saw Slater in West Princes Street on the Sunday evening previous

to the murder. Against this there is the evidence that Slater on this

day, as usual, spent all Sunday (day and evening) in his house. Three

witnesses from Paris, London, and Dublin spoke to this. Coming from

different places, they had no chance to concoct a story.

At Slater’s trial it was suggested that there were various

circumstances tending to create an atmosphere of suspicion around him;

but it is submitted that all these were capable of explanation, and in

no way pointing to Slater’s guilt as a murderer. Slater had written to

Cameron that he could prove where he was on the evening of the murder

“by five people.” When this letter was written, he thought that the

date of the murder was the Tuesday, the 22nd.

The evidence of his witnesses was to the effect that on the evening of

the murder he was in a billiard room until 6.30 p. m., after which he

went home for dinner.

It was shown that Slater dealt in diamonds. There was, however, no

evidence of any dishonest dealing of any kind. The brooch said to have

been missing from Miss Gilchrist’s house has not been traced. There

was no evidence of any kind led to show that Slater ever knew, or

even heard of, Miss Gilchrist or her house, and the Memorialist would

emphasise the fact that it was the missing brooch that put the Police

on the track of Slater.

With reference to Slater’s departure for America on 25th December,

1908, it was proved that he had formed the intention, some weeks before

the murder, of going to America. Cameron, Rathman, and Aumann proved

this. Slater had, in fact, tried to get the last named to take over his

flat. The letter from Jacobs, of 28th December, and the card bearing

the words “address till 30th December,” produced by the Crown, also

corroborate the evidence of this intention of leaving, which is further

corroborated by the evidence of Nichols, the barber, a Crown witness.

On the morning of 21st December, 1908, Slater received two letters--one

from London, stating that his wife was demanding his address, and the

other from San Francisco, asking him to come over. These were spoken to

by Schmalz, his servant girl, and Miss Antoine. Further corroboration

of his intention to leave is (1) on the morning of 21st December he

raised a further £30 from Mr. Liddell, pawnbroker, on his brooch, and

on the same day tried to sell the ticket; (2) he wrote to the Post

Office for payment of the money at his credit; (3) he wired to Dent,

London, to send on his watch, which was being repaired, immediately;

(4) on the Monday morning he gave notice to the servant girl that she

would not be required after the following Saturday (these events all

happened before the murder); (5) on the Tuesday morning he redeemed a

pair of binoculars from another pawnbroker whose assistant, Kempton,

proved this, and who stated that he was in no way excited; (6) on the

23rd and 24th December he made inquiries at Cook’s Shipping Offices

regarding berths, and betrayed no signs of any excitement; on the 23rd

he was, in the evening, in Johnston’s billiard room, which he used to

frequent; and on the 24th he spent the afternoon about Glasgow with

his friend Cameron, who gave evidence; (7) on Friday morning a Mrs.

Freedman and her sister arrived from London to take over his flat, so

that he and Miss Antoine left on Friday night.

A rumour got abroad at the time to the effect that he booked to London

and left the train at Liverpool. This rumour was published in the

various newspapers, to Slater’s great prejudice, but nothing of the

kind was proved at the trial. The Police were evidently misled by the

fact that he went by a London train, but it was proved that there were

two carriages in that train for Liverpool, and also that Slater’s

luggage, consisting of nine boxes, was labelled to Liverpool. The

Porter who labelled the luggage was called, and stated that Slater told

him that he was going to Liverpool, and entered a Liverpool carriage.

The point was also raised against Slater that he used various aliases.

He had been staying apart from his wife for about four years, during

which time he cohabited with Miss Antoine. She stated that Slater’s

wife was a drunken woman, and caused him a deal of trouble. At one time

he adopted the name of “George,” and when he came to Glasgow on the

last occasion he took the name of “Anderson.” On the voyage to America

he took the name of Otto Sando, because his luggage was labelled O.

S. At times he called himself a dentist. There was no evidence that

he really was a dentist. Miss Antoine explained that he adopted the

title of dentist, as he required a designation of some sort, although

he was a gambler. A great deal was published in the newspapers about a

hammer that had been found in one of his boxes. This turned out to be

an ordinary small domestic nail hammer, purchased on a card containing

several other tools, the lot costing only 2s. 6d. He, of course, took

the hammer to America with him with all the rest of his belongings.

Nothing incriminating was found in any of his boxes.

No evidence whatever was led to show how the murderer gained access to

the house.

It will be conceded that identification evidence, especially in a

serious charge of this kind, must be examined very carefully, and

should have little weight attached to it, unless it is very clear.

To sum up, the only real evidence in the case is that of those who saw

a man running away on the night of the murder; and, as has been pointed

out, these witnesses had only a momentary glance at him. Adams does

not positively identify the prisoner as the man. He says he closely

resembles him.

Lambie’s New York evidence has already been referred to, and her

evidence at the trial cannot be reconciled with it.

Lambie and Barrowman both saw him in custody before trying to identify

him in New York, and the latter, before identifying him, was shown his

photograph.

All the other identifying witnesses called to give evidence as to his

having been seen in the vicinity on days previous to the murder were

taken down to the General Police Office when Slater returned from

America to identify him. They were shown into one room together, and

then separately taken into a room in the Police Office, where Slater

was amongst about a dozen men, none of whom were like him. (Cunningham

says she could see that the other men were policemen in plain clothes.)

All these witnesses knew that Slater had arrived from America, and

was in the room. They had all read his description in the newspapers,

or had seen his photograph. They all, therefore, looked for, and had

no difficulty in pointing out, a dark, foreign-looking man, with a

somewhat peculiarly shaped nose. It is submitted that this is not

identification evidence in the proper sense at all. Had these people

been able to pick out, as their man, from amongst several others, a man

whose description they only knew from what they had previously seen of

him, unassisted by description, and unassisted by a photograph, the

value of their evidence would have been entirely different.

Some Crown witnesses identified him as the man they had seen and talked

to (Shipping Clerk, Porter, &c.), but they, of course, were able to do

so. None of the identifying witnesses had ever spoken to him.

Identification evidence is a class of evidence which the law distrusts.

The most famous authority is the case of Adolf Beck. Beck was, in 1896,

sentenced to seven years’ penal servitude, on the evidence of ten

women, who swore positively that he was a man whom they had each met

on two occasions, and spent some time within their own houses, and who

had defrauded them, and on the evidence of two policemen, who swore

positively that Beck was the man who had been previously convicted of

similar crimes, taken along with certain circumstantial evidence--that

he was known to frequent a hotel on the notepaper of which one of the

women had received a letter. Again, in 1904, Beck was convicted of

similar crimes on similar evidence. It was subsequently demonstrated

that Beck committed none of the crimes, but that a man bearing a

general similarity to him was the criminal.

In the report issued by the Commission appointed to investigate the

matter, consisting of Lord Collins, Sir Spencer Walpole, and Sir John

Edge, the following passage occurs:--“Evidence of identity, upon

personal impression, however bona fide, is of all classes of evidence

the least to be relied upon, and, unless supported by other evidence,

an unsafe basis for the verdict of a Jury.”

Now, the evidence in the Beck case was infinitely more overwhelming and

consistent than in this case; and the report in the Beck case, and the

report on which it followed, make it clear that on the evidence in this

case the Jury had no right to bring in a verdict of “Guilty.”

A good deal was said by the learned Lord-Advocate to the Jury about

Slater’s immoral character. It was not disputed that he was a gambler.

It was also admitted that he had cohabited for about four years with

Madame Antoine, who was of doubtful virtue, and who gave evidence.

Yet the learned Lord-Advocate addressed the Jury to the effect that

the prisoner “had followed a life which descended to the very depth

of human degradation, for, by the universal judgment of mankind, the

man who lived upon the proceeds of prostitution has sunk to the lowest

depth, and all moral sense in him had been destroyed.” This he cited

as proof of the disappearance of an obstacle which had previously

been in his way, viz:--Whether it was conceivable that such a man

as Slater could commit such an inhumanly brutal crime. The only

evidence on that point was that of Cameron, Slater’s friend, who, in

cross-examination, said he had heard that Slater lived on the earnings

of prostitution, but who did not say he knew. The Jury were distinctly

told by the Lord-Advocate, and by the prisoner’s Counsel, and by the

Judge, to banish from their minds anything they had heard regarding the

man’s character; but they had previously heard all about it, and the

Memorialist feels strongly that they were evidently unable to do so.

Public feeling is also very strong on the point that the question of

Slater’s character should never have been brought before the Jury.

The Memorialist thinks it is only fair to prisoner to point out that

he was all along anxious to give evidence on his own behalf. He was

advised by his Counsel not to do so, but not from any knowledge of

guilt. He had undergone the strain of a four days’ trial. He speaks

rather broken English--although quite intelligibly--with a foreign

accent, and he had been in custody since January.

Apart from what has been set forth above, your Memorialist begs to draw

attention to the fact that on the Crown list of witnesses is the name

of a witness, Miss Agnes Brown (No. 46). This lady is 30 years of age,

and a very intelligent school teacher. Your Memorialist is informed

that she told the Police and Procurator-Fiscal that on the night of

the murder, about ten minutes past seven o’clock, two men in company

rushed along West Princes Street from the direction of Miss Gilchrist’s

house, and passed close to her at the corner of West Princes Street and

West Cumberland Street; that one of them was dressed in a blue Melton

coat with a dark velvet collar, black boots, and without a hat; that

both men ran past the opening of West Cumberland Street, straight on

along West Princes Street, crossed West Princes Street, and ran down

Rupert Street, a street further west, and opening off the opposite

side of West Princes Street. Your Memorialist understands that, in the

identification proceedings before referred to, this witness pointed out

Slater as the man in the Melton coat, as she thought. This witness’s

evidence is thus in sharp contradiction on material points to that of

the message girl Barrowman (who had only a momentary glance at the

man), but upon whose evidence so much weight has evidently been laid,

and who says that Slater was dressed in a light coat, a Donegal hat,

and brown boots, was alone, and ran down West Cumberland Street.

Your Memorialist respectfully submits that this illustrates the danger

of convicting a man upon the kind of evidence given in this case. Miss

Brown was in attendance at the trial, but was not called as a witness.

Even on the evidence led, the votes of two more jurymen in his favour

would have liberated the prisoner. In England the probability is that a

conviction would never have been obtained.

Your Memorialist is authorised to state that Slater’s Counsel agree

that the evidence did not justify the conviction.

Your Memorialist, who has all along acted as Slater’s Solicitor since

he was brought back from America after the Extradition Proceedings,

and who has had very many interviews with Slater, begs respectfully to

state his absolute belief in Slater’s innocence.

May it therefore please the Right Honourable the Secretary of

State for Scotland to take this Memorial into his most favourable

consideration, and thereafter to advise his Most Gracious Majesty

to exercise his royal prerogative to the effect of commuting the

sentence passed upon the prisoner, or to do otherwise as in the

circumstances may seem just.

And your Memorialist will ever pray.

EWING SPIERS,

190 West George Street, Glasgow,

Oscar Slater’s Solicitor.

Dated this seventeenth day of May, One

thousand nine hundred and nine.

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