CHAPTER I

SCIENCE AND THE CRIMINAL

_UNIFORM WITH THIS BOOK_

HYPNOTISM AND SUGGESTION

By BERNARD HOLLANDER, M.D.

"It is the work of a man of established reputation, who has devoted

himself for years to the subject, and whose aim it is to tell what

Hypnotism really is, what it can do, and to what conclusions it seems to

point."--_Globe._

[Illustration: TRIAL OF CAROLINE RUDD

_Frontispiece_]

SCIENCE AND THE CRIMINAL

BY C. AINSWORTH MITCHELL

BOSTON

LITTLE, BROWN, AND COMPANY

1911

TO MARK HANBURY BEAUFOY, ESQ., J.P. AS A MARK OF REGARD AND ESTEEM

PREFACE

In the following pages I have endeavoured to give some account of the ways

in which scientific discovery has been utilised in the struggle between

society and the criminal.

I have tried to describe the principles upon which different kinds of

scientific evidence are based, and at the same time to bring human

interest into what would otherwise tend to be dry detail by giving an

outline of trials in which such evidence has been given. It is, perhaps,

hardly necessary to mention that in many of these illustrative trials the

accused persons were proved innocent of the charges brought against them,

and that although their cases were tried in the criminal courts the title

of the book in no way applies to them.

For the accounts of the older trials I have drawn freely upon Cobbett's

_State Trials_, Paris and Fonblanque's _Medical Jurisprudence_, and the

first edition of Taylor's _Medical Jurisprudence_, while I must also

acknowledge my indebtedness to the _Circumstantial Evidence_ of Mr.

Justice Wills and the recent excellent lectures on _Forensic Chemistry_,

by Mr. Jago.

In the later cases I have mainly relied upon contemporary accounts and

upon my own impressions of some of the trials at which I have been

present.

My best thanks are due to all those who have given me valuable and

ungrudging assistance. In particular I would mention Major Richardson, who

has kindly given me a photograph of one of his trained bloodhounds and has

allowed me to quote the description of an actual man hunt with

bloodhounds, from his book, _War, Police, and Watch Dogs_; and

Mademoiselle Arlette Clary (and the _Daily Mirror_) who have supplied me

with a photograph of a Paris police dog.

I am further indebted to the late Sir Francis Galton and his publishers,

Messrs. Macmillan & Co., who gave me permission to reproduce illustrations

from his book on _Finger Prints_; and to Mr. Thorne Baker and the _Daily

Mirror_ for photographs illustrating the use of telegraphy in transmitting

portraits.

The excellent drawings of the hairs of different animals were made by my

friend Mr. R. M. Prideaux, and are reproduced here by the kind permission

of Messrs. Scott Greenwood & Co.

Finally, I would thank the proprietors of _Knowledge_ and the Editor, Mr.

Wilfred Mark Webb, for the loan of various blocks and for permitting me to

make use of material from several articles of mine on handwriting, which

have appeared in that journal.

C. A. M.

_White Cottage,

Amersham Common,

Buckinghamshire._

CONTENTS

PAGE

CHAPTER I

INTRODUCTION

Conflict between the Law-maker and the Law-breaker--

Illustrations of Deductive Reasoning in Criminal Cases--

Scientific Evidence--Scientific Assistance for the

Accused--Instances of Advantages of Conflict of Scientific

Evidence--Scientific Partisanship 1

CHAPTER II

DETECTION AND CAPTURE OF THE CRIMINAL

Contrasts between Eighteenth, Nineteenth and Twentieth

Centuries--Margaret Catchpole--Tawell--Crippen--Portraits

and the Press--Charlesworth Case--Bloodhounds--Police

Dogs--Circumstantial Detection 22

CHAPTER III

PERSONAL IDENTIFICATION

McKeever's Experiment on Fallibility of Eye-witnesses--

Gorse Hall Murder--Cases of Mistaken Identity--Gun-flash

Recognition--Self-deception--Tichborne Case 37

CHAPTER IV

SYSTEMS OF IDENTIFICATION

Photography--Anthropometry--Finger-prints and their Uses 48

CHAPTER V

IDENTIFICATION AND HANDWRITING

Heredity--Emotional Influences--Effects of Disease on

Handwriting 70

CHAPTER VI

EVIDENCE AS TO HANDWRITING

Illustrative Cases--Handwriting Experts 85

CHAPTER VII

FORGED DOCUMENTS

Use of Microscope--Erasures--Photographic Methods--

Typewritten Matter--Examinations of Charred Fragments--

Forgery of Bank Notes 93

CHAPTER VIII

DISTINGUISHING INKS IN HANDWRITING

Elizabethan Ink--Milton's Bible--Age of Inks--Carbon

Inks--Herculaneum MSS.--Forgery of Ancient Documents 105

CHAPTER IX

TWO NOTABLE TRIALS

Trial of Brinkley--Trial of Robert Wood 116

CHAPTER X

SYMPATHETIC INKS 130

CHAPTER XI

REMARKABLE FORGERY TRIALS

Trials--William Hale--The Perreaus--Caroline Rudd--Dr.

Dodd--Whalley Will Case--Pilcher, etc. 135

CHAPTER XII

IDENTIFICATION OF HUMAN BLOOD AND HUMAN HAIR

Structure of Blood--Human Blood--Blood of Animals--Blood

Crystals--Libellers of Sir E. Godfrey--Trial of Nation in

1857--Physiological Tests--Precipitines--First Trial in

France--Gorse Hall Trials--Human Hair--Hairs of Animals 154

CHAPTER XIII

EARLY POISONING TRIALS

Murder of Sir T. Overbury--Mary Blandy--Katharine Nairn,

etc. 171

CHAPTER XIV

NOTABLE POISONING TRIALS

Use of Poisons--Arsenic and Antimony--Chapman Case--

Strychnine in Palmer Trial--Physiological Tests--Case of

Freeman--Error from Quantitative Deductions--Poisonous Food

Given to Animals--Mary Higgins--Negative Result of

Physiological Tests--Hyoscyamus Poisons--Crippen Case--

Experiment on Cats--Time Limit for Action of Arsenic--

French Case 190

CHAPTER XV

THE MAYBRICK CASE 206

CHAPTER XVI

ADULTERATION OF FOOD

National Loss from Adulteration--"Adulterated"

Electricity--The Beer Conner--Conflict of Evidence--The

Notice Dodge--Preservatives--Standards for Food--Court of

Reference--Administration of the Law 214

INDEX 239

LIST OF ILLUSTRATIONS

PAGE

TRIAL OF CAROLINE RUDD _Frontispiece_

WAR PLAN SENT BY WIRELESS TELEGRAPHY 24

PHOTO SENT BY TELEGRAPHY FROM PARIS 26

PORTRAIT SENT BY "WIRELESS" 28

MAJOR RICHARDSON'S MAN-TRACKER "PATHAN" 30

FRENCH POLICE DOG 32

PURKENJE'S STANDARD FINGER-PRINTS 64

TYPES OF FINGER-PRINTS 66

HEREDITY IN HANDWRITING 71

INFLUENCE OF TRAINING ON HANDWRITING 74

SIGNATURES OF NAPOLEON AT DIFFERENT PERIODS OF HIS CAREER 77

WRITERS' CRAMP 78

SPECIMEN OF AGRAPHIA 78

WRITING OF LENAU, BEFORE AND DURING INSANITY 79

WRITING OF HÖLDERLIN, BEFORE AND DURING INSANITY 79

MIRROR WRITING IN PARALYSIS 80

HYPNOTIC HANDWRITING 82

GARIBALDI'S SIGNATURE 83

DETECTION OF FORGERY BY MEANS OF CAMERA AND MICROSCOPE 100

FURTHER SPECIMENS OF DETECTION OF FORGERY, AND TESTS TO

DISTINGUISH OLD FROM NEW INKS 102

ELIZABETHAN DOMESTIC RECIPE FOR INK 107

THE TINTOMETER 109

GOAT'S AND COW'S HAIR 162

KANGAROO'S AND HUMAN HAIR, AND THE HAIR OF A CAT AND A DOG 164

FIBRES OF CHINESE SILK 164

RABBIT'S AND HORSE-HAIR 166

WOOL FIBRES FROM DIFFERENT BREEDS OF SHEEP 168

COTTON AND FLAX FIBRES 170

ANNE TURNER 172

Science and the Criminal

CHAPTER I

INTRODUCTION

Conflict between the Law-maker and the Law-breaker--Illustrations of

Deductive Reasoning in Criminal Cases--Scientific Evidence--Scientific

Assistance for the Accused--Instances of Advantages of Conflict of

Scientific Evidence--Scientific Partisanship.

In the constant state of warfare between the law-maker and the

law-breaker, which began when mankind first organised itself into

communities and has existed ever since, every new invention or practical

application of scientific discovery has supplied each side with new

weapons frequently of much greater precision.

The advantage thus conferred tends to be on the side of the law-maker but

not invariably so; for in spite of all the facilities of investigation now

available it is surprising how many crimes remain undetected, or how

frequently in suspicious cases it is impossible to discover the truth. The

law-breaker's primitive weapon of natural cunning has thus often proved

more than a match for all the weapons at the disposal, of his opponent.

There is much to be said, therefore, for the suggestion which has recently

been put forward on many sides that a department specially trained for

the work of criminal investigation should be created.

Under the present conditions the rank and file of the detective force,

recruited as it is from the best of the uniformed policemen, contains many

men of acute intellect and reasoning capacity, but it cannot be doubted

but that in many cases their efficiency would have been enormously

increased by a scientific training.

The present system somewhat recalls that under which doctors acquired

their knowledge of medicine in the early part of last century. Their

mistakes taught them what not to do, but in the meantime the patient

sometimes died.

Methods of scientific reasoning so as to draw deductions from observed

facts cannot be acquired by solitary night watches upon a "beat," nor does

the facility for breaking up a tangle in traffic which the constable

acquires as the outcome of his daily duties, necessarily render him more

capable of extricating from a mass of confused details the essential facts

upon which stress should be laid.

In some of the unsolved mysteries that have occurred during the last few

years the presence of a highly trained intellect at the first hour of the

investigation might conceivably have led to the detection of the criminal.

As a rule, it is only after the first examination is over and the case

appears likely to be a difficult one, that the best brains of the

department are brought to bear upon the facts, and it may then be too late

for effective action.

It should be made possible for a man who possesses a facility for this

type of work to join the criminal investigation department without having

to go through the routine work of a police constable, which will probably

add nothing to his powers of following up a clue; but, on the other hand,

this period of probation should be occupied by practical training in

scientific methods of working.

The present conditions both of payment and of status are not of the kind

that will attract the highest type of brain to the work of criminal

investigation, and yet there is no reason why it should not be made to

offer the advantages of other branches of professional work.

An apt illustration of the use of acute observation and deduction in

solving a mystery is afforded by the strange story of a shooting accident,

that, according to a writer in one of the leading morning papers, took

place many years ago.

A country gentleman was found lying dead upon a sofa, with the whole of

the charge of a sporting gun in his body. The discharged gun was hanging

in its usual place upon the wall, and there were no indications of any

struggle having taken place. All the circumstances apparently pointed to

the man having been murdered in his sleep, for it was impossible for him

to have shot himself and have then replaced the gun upon the wall, and

strong suspicion fell upon one of the servants in the house.

This man was arrested, and would probably have been convicted had it not

been for the detective noticing that the dead man's watch, which had been

smashed by some of the shot, had been stopped early in the afternoon, and

that at exactly the same moment the sun was focussed through a bottle of

water that was standing upon the table in such a way that the ray fell

upon the nipple of the gun upon the wall.

Accordingly he loaded the gun again, hung it in the same spot, and placed

a dummy figure upon the sofa, and as soon as the sun's rays passed through

this unintended burning-glass and were focussed upon the gun, an explosion

occurred and the contents were discharged into the figure.

The writer has been unable to trace the date of this occurrence, but even

if it is not founded upon fact it is not impossible, for there are

undoubtedly cases where papers have been set on fire by the rays of the

sun being concentrated upon them, through a bottle of water.

An instance of the way in which one small fact may give conclusive proof

that a crime has been committed is afforded by the trial of Swan and

Jefferies in the early part of last century.

The prisoners, who were indoor servants, had committed a murder and then

raised an alarm with the object of throwing the suspicion upon burglars,

who they alleged had broken into the house. But an examination of the

grass outside the house showed that although dew had fallen heavily

through the night there were no indications of its having been disturbed

by footsteps. This piece of circumstantial evidence led to their arrest,

and they were subsequently convicted and executed.

Equally convincing were the clues that led to the arrest of Courvoisier in

1840, for the murder of Lord William Russell, who was then seventy-five

years of age.

The prisoner had only been in the service of the murdered man for a short

time. He stated that on the night before the murder he had left his master

reading in bed, as was his frequent custom, and a fact in support of this

was that the candle had burned down to the socket.

Early in the morning the housemaid found the silver plate scattered about

the room, and various articles of value tied up in bundles, as though

burglars had broken into the house and had been interrupted in their work.

She called Courvoisier, and he appeared almost immediately, fully dressed,

and going into the room of Lord William Russell found him with his throat

cut.

On a door were marks which indicated that it had been broken in by the

supposed burglars, but closer examination showed that the damage had been

done from the inside. In addition to this, any burglars entering the house

through this door must have passed over a wall, and this was found to be

thickly coated with dust which had not been disturbed.

For a long time no trace of the missing valuables were discovered, but

finally after a thorough search of the premises, some of the money was

found hidden behind the skirting in the pantry of the accused, while later

on the stolen plate was discovered in the keeping of a man with whom

Courvoisier had formerly lived.

Mainly on the circumstantial evidence of these facts the prisoner was

convicted; afterwards he made a full confession of the crime.

Clever deductive reasoning was also shown in the following case, in which

the author of a shooting outrage that occurred in 1831 at Ayr was

discovered in a singular manner. Someone had maliciously fired a gun into

a church, and had hoped to escape detection. It was noticed, however, that

some of the bullets, after having passed through the windows, had left a

mark upon the wall opposite. By drawing a straight line between these

marks and the holes in the windows, and extending the line outside the

church, the other end was found in a window on the other side of the

street. Subsequently other proof was obtained that the gun had been fired

from this window.

Numerous cases might also be quoted where the trained observation of a

doctor has called attention to some slight point which would otherwise

have been overlooked, but which has furnished the clue to the detection of

a crime.

In the year 1806 a man named Blight was shot with a pistol at Deptford by

someone unknown, and died from the wound. Sir Astley Cooper, who was

called in to attend to the victim, carefully noted the relationship of the

body to other objects in the room, and from the position of the wound

concluded that the shot had been fired by a left-handed person. This

inference drew suspicion upon a gentleman named Patch who was the only

left-handed person who had been seen with Mr. Blight. He was a close

personal friend of the latter, and no one had dreamed of suspecting him of

the crime. The results of further inquiries proved that this man had

fired the shot, and after his conviction he confessed that he had been

guilty of the murder.

The fact that a weapon is tightly held in the hand of a person who has

been shot is strong presumptive evidence that it is a case of suicide,

since it is improbable that the hand of a dead man could subsequently be

made to grasp a pistol.

There is a remarkable case on record, however, in which the fact that a

pistol was found clenched in the hand of a dead man was at first regarded

as evidence of a murder. A son of the deceased, who had slept in the same

room was accused of having killed him and of then placing the discharged

pistol in his hand to give the suggestion of suicide. Experiments were

made in which the hand holding the pistol was lifted into the position in

which it must have been held if it had been a case of suicide, and in each

instance the hand, when allowed to fall, did not retain the pistol. For

the defence medical evidence was given that the spasmodic contraction of

the muscles after death would account for the pistol being still clenched

in the hand, while the inability of the hand to grasp it afterwards did

not prove anything. Evidence as to the presence of a motive was given, but

the scientific evidence was regarded as decisive and the prisoner was

discharged.

The question whether a person who has apparently committed suicide could

possibly have made use of the degree of force to which circumstances

pointed has frequently arisen.

The most notable instance of the kind was in reference to the Earl of

Essex who was found dead in the Tower in July, 1683, his throat having

been cut. A razor was lying by his side with its blade notched, and public

opinion was strongly divided as to whether he had committed suicide or had

been murdered. The medical men who supported the former view explained the

notches upon the razor blade as the result of its having been drawn

backwards and forwards across the neck bone, although for a suicide to

have done this would have been an impossibility.

Occasions have arisen where a chemical expert has been asked to state

whether a gun or pistol found lying near a body has or has not been

recently discharged.

Even in the case of firearms that had been loaded with black powder no

very definite answer can usually be given to this question. Taylor

suggested that the presence of potassium sulphide (formed from the powder)

adhering to the barrel would indicate that the gun had recently been

fired, whereas after a short time this sulphide would become oxidised, and

no longer give the reactions of a sulphide. After a longer time traces of

iron oxide formed from the iron of the barrel might be expected.

It would not be safe to lay stress upon conclusions based upon such data

as these, and at best they could only afford corroborative evidence.

An amusing instance within the present writer's experience affords another

example of the way in which a trifling point being overlooked may be

strong presumptive evidence of attempted fraud. A family of the name of,

say, Abendessig, effected an insurance against burglary with a company

which may be described as the Safeguard Assurance Co.

It was not long before they were the unhappy victims of a burglary in

which Miss Abendessig lost several valuable pieces of jewellery including

a watch, a diamond ring, and several brooches.

In proof of her claim she produced receipts from the jeweller from whom

she stated she had bought these articles, the total value of which was

given at £150.

There were three receipts in all, dated at intervals of two or three

months, the first being made out to Miss Abendessig and the last to Mrs.

Lab, she having been married in the interval, and the second to her

father, Simeon Abendessig.

The Safeguard Assurance Co. had a suspicion that the jeweller, who had an

address but no shop, was in league with the Abendessigs, and that the

first and third receipts had been written at the same time.

The present writer was therefore asked to examine these documents to see

whether any evidence of the date of writing could be obtained.

They were both written in blue ink upon common billheads, but the fact

that the ink and paper were of the same kind was no proof that they were

not genuine receipts.

When, however, the receipt stamps were examined under the microscope it

was obvious that the right-hand side of one stamp corresponded with the

left-hand side of the other stamp. That is to say, the little projections

of paper left when two stamps are torn apart across the perforation

exactly coincided in every instance, a long projection on one being

matched by a short projection on the other, and so on.

The exact coincidence of seventeen points could not have been the result

of chance, and the stamps on the two receipts must therefore originally

have been attached to one another in the sheet.

The further inference was that the jeweller must either have torn them

apart and put one on the earlier receipt and the other on the later one at

the same time, or he must have had the second stamp put aside for three

months and then affixed it to the later receipt.

A much more obvious slip than this was made some years ago in a bogus

claim upon a fire insurance company, the story of which is related in Lord

Brampton's "Reminiscences." The fire broke out on the premises of a firm

of tailors, and it was claimed by them that the whole of their stock,

including many hundred pairs of trousers, had been destroyed.

The insurance company, after examining the burnt-out building, instructed

a number of their agents to sift carefully the whole of the ashes.

At the hearing of the case the counsel for the company remarked that it

was strange that in a fire in which so many pairs of trousers had been

burned the metal buttons upon them should not have been found.

On the next day the tailors appeared with a whole bucketful of buttons,

but their production was too late to be convincing, for the ashes had been

thoroughly sifted before the claimants attempted to make good their

oversight, and only a very few trouser buttons had been discovered.

On the other hand, the danger of jumping to a sudden conclusion from

circumstances has been frequently demonstrated. Thus, a very extraordinary

case in which some facts that clearly pointed to the guilt of a prisoner

were found to have misled many witnesses, was tried in 1813 at the assizes

at Bury St. Edmunds. A farmer who owned upwards of 1,200 acres was accused

of burglary, and as evidence against him it was positively stated that

certain articles in his possession had been stolen from the house. The

witnesses swore that they had identified some sheets by stains upon them

and a cask by the fact of its being marked with the letters P.C. 84 in a

circle. For the defence, witnesses stated that the prisoner was in

possession of sheets stained in exactly the same way, and that the cask

was one of those in which he had received cranberries from Norwich, all of

which casks were marked in the same manner. The prisoner was acquitted.

Scientific testimony is another form of the so-called "circumstantial

evidence," and as such is sometimes looked upon with suspicion. Yet in how

few cases is it possible to produce the man who can say, "I saw the deed

done," and even in such cases, what errors of identification may occur! In

far the greater number of crimes the proof must depend to a large extent

upon the evidence of circumstances. But these must be so convincing that

it is impossible in reason to draw any other conclusion from them. In this

country it is the duty of the prosecution to prove the guilt, and unless

that is done in such a way as to leave no shadow of doubt in the minds of

the jury, a prisoner is entitled to be acquitted.

There must be no speculation upon a man's guilt. A man is regarded as

innocent so long as it is impossible to connect to him the last link in a

long chain of circumstantial evidence.

In the brief accounts of various celebrated trials in the following pages

an attempt has been made to give an outline of the scientific

circumstantial evidence that has led to the conviction or acquittal of the

prisoners. In some of these trials proof of guilt has been overwhelming,

although the testimony of an eye-witness has been lacking, but in others

the Scotch verdict of "Not proven" (a curious equivalent of which,

however, was once given in the trial of Mrs. Rudd) would be a more fitting

deduction from the evidence, than the alternative of "Guilty" or "Not

guilty," which is all that is allowed by the English law.

A good illustration of the value of scientific proof was seen, in 1884, at

the trial of a woman named Gibbons on the charge of having shot her

husband.

For the defence it was urged that the man had committed suicide. There

were four bullet wounds from a revolver in the body, and the medical

evidence went to prove that although any one of the wounds might have been

inflicted by the man himself, it was extremely improbable that all of them

had been. Moreover, some of them were in such a position that they could

only have been self-inflicted if the revolver had been held in the left

hand, whereas witnesses testified that the deceased was not left-handed.

The prisoner was found guilty.

Attempts have frequently been made by defending counsel to obtain

permission for a scientific man to be present on behalf of a prisoner at

any examination made before a trial, but all such requests are invariably

refused.

It is quite a common occurrence, however, for the evidence given by

scientific witnesses for the prosecution to be controverted by scientific

witnesses for the defence, and the most recent instance of the kind at the

trial of Crippen will be fresh in the memory of everyone. Where there is

any possibility of doubt it should be possible for every prisoner to

obtain scientific assistance.

An accused person who lacks the means to procure legal assistance in his

defence has assigned to him by the Court a barrister who will represent

his interests and see that they do not suffer from ignorance of legal

technicalities.

This principle might well be extended so as to cover the ground of

scientific evidence. Under the present conditions the prosecution has

unlimited facilities for applying every description of test, but it has

not always been easy for the representatives of the accused person to

obtain scientific help in criticising the nature of this evidence.

Scientific evidence should be, and usually is, quite impartial, but the

everyday conflict of honest opinion in civil actions illustrates the

possibility of mistakes occurring or of certain points that would tell in

favour of the accused being overlooked.

For instance, suppose a stain on the clothes of a person accused of murder

were examined by a chemist for the prosecution and found to consist of

blood. The fact would tell against the accused, even though the witness

(as in a recent case) could express no opinion whether it was human blood,

or the blood of an animal. Assuming in this hypothetical trial that the

blood stain was really due to rabbit's blood, another chemist representing

the prisoner might be acquainted with the comparatively recent

physiological methods of distinguishing between the blood of different

animals, and thus be able to prove the real nature of the blood stain and

break one of the links in the chain of evidence.

In most of the important criminal trials the scientific evidence is given

by more than one witness, and the possibility of mistake is thus greatly

reduced, but this is not invariably the rule.

Scientific criticism derived from a first-hand examination of the material

would be of much more value than the criticism of the statement of the

results, and might have considerable weight upon the conclusions of the

jury.

A defending counsel cross-examining a scientific witness is usually

dealing with an unfamiliar subject, and lacks the specialised knowledge

that would enable him to point out the weak points in the evidence.

When a wealthy person is on trial, however, the counsel has the advantage

of getting the best expert advice upon the scientific matters put forward

in evidence, and is thus able to lay stress on all that will help his

client, but a poor prisoner lacks this advantage, and therefore runs a

greater chance of being convicted.

An early trial in which the prisoner owed his acquittal to a conflict of

scientific evidence was that of Spencer Cowper, the grandfather of

Cowper, the poet, who was tried at the Hertford Assizes in 1699 for the

murder of a young gentlewoman named Sarah Stout.

With Cowper were also tried several of his friends, whose remarks having

been overheard had suggested that they were aware of what had happened to

the girl.

Cowper, who was a barrister, defended himself and incidentally his

companions. The story told by the prosecution was that at the previous

Assizes the prisoner had stayed for a night at the house of Mrs. Stout,

the mother of Sarah Stout. The servant-maid stated that she had been told

to prepare Mr. Cowper's bed, and that when she came downstairs again, it

then being about eleven o'clock in the evening, he had gone out,

presumably with Sarah Stout, who was never again seen alive. The next day

her dead body was found floating upon the river.

The condition of the body was, it was asserted, conclusive proof that she

had been strangled and then thrown into the water; for, to quote the words

of the counsel for the prosecution, "when her body came to be viewed it

was very much wondered at; for in the first place it is contrary to nature

that any persons that drown themselves should float upon the water. We

have sufficient evidence that it is a thing that never was; if persons

come alive into the water, then they sink; if dead, then they swim. At

first it was thought that such an accident might happen though they could

not imagine any cause for this woman to do so, who had so great

prosperity, had so good an estate, and had no occasion to do an action

upon herself so wicked and so barbarous. Upon view of the body, it did

appear there had been violence used to the woman; there was a crease round

her neck, she was bruised about her ear; so that it did seem as if she had

been strangled either by hands or a rope."

The evidence brought forward to support the theory that Sarah Stout had

been killed, before being thrown into the water, included that of several

local doctors who had examined the body, and also that of several London

doctors who were called in as expert witnesses.

These all gave as their opinion that the body of a person who had been

drowned must contain water in the thorax, and that since no water was

present in the body, death must have been caused in some other way. Two

seamen of the Royal Navy were also put into the box, and both were

emphatic in their opinion that the body of a person who had been drowned

would sink, while a dead body thrown into the water would float.

Spencer Cowper, who, as has been stated, conducted his own defence,

cross-examined the medical witnesses and made them admit that they had no

knowledge of the way in which the body of a person who had drowned himself

would behave.

He entered a strong protest against the body having been examined after

the coroner's inquest (at which a verdict of suicide while of unsound mind

had been found) by medical men acting in the interests of the relations of

the dead woman, with the intention of becoming prosecutors. "If," said he,

"they intended to have prosecuted me or any other gentleman upon this

evidence, they ought to have given us notice, that we might have had some

surgeons among them to superintend their proceeding. My Lord, with

submission, this ought not to be given in evidence." The judge overruled

this objection, saying that supposing an ill thing had been done in taking

up the body without some order, that was no reason why the evidence should

not be heard.

In further cross-examination Mr. Cowper succeeded in throwing doubt upon

the statements of witnesses, who alleged that they had seen marks of

strangling, and produced witnesses to prove that any marks upon the body

had been the result of contact with stakes in the bed of the river. Then

he brought forward his own expert medical evidence, which was given by ten

of the leading doctors of the day, including Sir Hans Sloane and the

celebrated surgeon William Cowper. These held a different view from that

of the doctors called for the prosecution, and gave their reasons for

concluding that the appearance of the body was quite consistent with death

by drowning.

Some described experiments they had made upon animals, which proved that

when killed and thrown into the water the body sank at first and then rose

to the surface, and also that drowning could take place without much water

being swallowed.

As proof of the dead woman having been of a melancholy disposition and not

of sound mind, letters of hers were read to the jury, but these her mother

and brother would not admit were in her handwriting, since, they asserted,

it did not suit her character. (See p. 85.)

The judge, Sir Henry Hatsell, in summing up confessed that he was very

much puzzled, and that he perceived that "doctors do differ in their

notions about these things."

The conclusion of his remarks is worthy of quotation: "I am sensible I

have omitted many things; but I am a little faint, and cannot remember any

more of the evidence."

It is not surprising that, soon after Queen Anne came to the throne, he

was removed from the bench.

The jury believed the medical witnesses for the defence, and after a short

discussion found Spencer Cowper and the other prisoners "Not guilty."

To come to more modern times, the advantage of a conflict of scientific

opinion to the accused was seen in the celebrated Maybrick poisoning case.

At the trial evidence was given by Professor Tidy to the effect that the

symptoms and appearances were not those of arsenical poisoning and that

the amounts of arsenic found in the body were not greater than those

present in cases where arsenical medicines had been taken months before

death, and where there was no suspicion of poisoning. Although the

prisoner was convicted and sentenced to death, there can be little doubt

but that this evidence had an important influence in determining the

subsequent alteration of the sentence to penal servitude.

There is no necessity for such scientific assistance given to the defence

to degenerate into partisanship, such as was shown at the trial of Palmer

for poisoning in 1856. That case was characterised by many remarkable

features, the suspected person, for instance, being allowed access to the

bottle in which had been placed the material taken from the body for

analysis, and also being given the opportunity of attempting to destroy

it.

Prior to the trial, Taylor, the chemist who was to give evidence as to the

presence of poison in the body, communicated with the papers, while

Herapath, one of the witnesses called for the defence, publicly accused

Taylor of incompetence.

So acrid were the statements of the scientific witnesses for the defence

at the trial that the judge commented in vigorous terms upon their

evidence as having been given with the object of obtaining an acquittal at

all costs. "It is indispensable," he said, "to the administration of

justice that a witness should not be turned into an advocate, nor an

advocate into a witness."

In another poisoning trial which took place three years later, the

chemical evidence brought forward by the defence resulted in the prisoner

being set free, after having been sentenced to death. In this case a

doctor named Smethurst was accused of poisoning a young woman named

Isabella Banks.

Dr. Taylor, who was the chief chemical witness called for the prosecution,

had found arsenic in material from the body, although he could not detect

any remaining in the tissues. On the other hand, Dr. B. W. Richardson, who

was called as a witness for the defence, stated that arsenic was a

cumulative poison, and that if it had been given for a long period, as

alleged, traces must inevitably have been present. Hence in his opinion

the absence of arsenic in the tissues was conclusive proof that death was

not the result of slow arsenical poisoning.

The medical evidence called by the defence, also left room for some doubt

as to whether death might not have been the result of dysentery, the

symptoms and appearance, it was alleged, being as consistent with that

cause as with arsenical poisoning.

The scientific witnesses for the defence did not succeed in convincing the

jury, but after sentence of death had been passed the judge forwarded the

papers to the Home Secretary, and advised that the opinion of an

independent scientific authority should be taken. Accordingly the whole of

the chemical and medical evidence was studied by Sir B. Brodie, whose

report was that there were six reasons which led to the conclusion that

Smethurst was guilty, and eight reasons which pointed in the opposite

direction; and that, therefore, the impression left upon his mind, was

that the proof of Smethurst's guilt was not absolutely convincing.

The Home Secretary, on receiving this statement of opinion from his

scientific referee, immediately granted a free pardon. In this case, but

for the conflict of scientific opinion upon the medical and chemical

evidence the prisoner would have been hanged.

Instances such as these might be largely multiplied, but the above are

sufficient to show that a scientific defence may succeed in breaking down

the scientific evidence brought by the prosecution in criminal cases; or,

failing that, may (as in the Maybrick case) help to bring about a

commutation of the sentence.

There is thus abundant justification for the plea that the poor prisoner

should have the same advantages as regards scientific assistance as he now

possesses in legal matters, and thus be placed on an equality with a

wealthy prisoner.

It ought not to be a difficult matter to draw up a list of men of

recognised standing in chemistry and medicine, who would be willing to

serve in this capacity when selected by the judge in a trial.

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