Probably the most notorious case in English annals of murder discovered by

extraordinary means is that of the killing of Daniel Clarke by Eugene

Aram. The main facts of the case are so well known that it is scarcely

necessary to enter into them here. Aram, assisted by a man named Houseman,

it may be remembered, murdered Clarke for the sake of his wealth, and hid

the body in St Robert's cave, near Knaresborough. There it remained from

1745 till 1759, when it was accidentally discovered by a labourer. Close

examination led to the conclusion that the body, or rather the skeleton,

was that of a murdered man, and when the mysterious and almost forgotten

disappearance of Clarke was remembered, steps were taken to arrest his

quondam companions Aram and Houseman. The latter turned king's evidence,

and on his testimony Aram was executed, leaving a shady memory to be

invested with undeserved romance by a poet and a novelist of the following

century.

Researches into modern criminal records also reveal a number of

interesting cases similar to those cited above. A few years ago a Pole

named Lipski was convicted in London of the murder of a woman. Strenuous

efforts were made to obtain a pardon, on the ground that he had been

wrongly convicted, but the solitary fact on which the Home Secretary

decided to allow the law to take its course was that the door of the room

had been locked in which the woman was found murdered, with Lipski himself

hiding under the bed. And in tracing the Muswell Hill murder to its

authors, the police were aided in their endeavours by the discovery of a

common lantern which had been left on the scene of the crime. It was

supposed to belong to a relative of one of the suspected men, and in order

to verify this important link in the chain of evidence, a youthful agent

of the detective force was employed to spin his top in front of the

supposed owner's house, engage him in conversation if possible, and obtain

evidence of the ownership of the lantern. The result was completely

satisfactory; the suspicions of the police were confirmed, and the

murderers brought to justice, mainly, it may be said, through the

lantern's silent testimony.

Another case of murder, which occurred in 1806, was brought home in a

singular and complete manner. A Deptford gentleman, named Blight, was

killed by a pistol-shot, and Sir Astley Cooper, from an examination of the

victim's wounds and of the place of his murder, arrived at the opinion

that none other than a left-handed man could have committed the crime.

Acting on this conclusion the police arrested one Patch, who had been seen

in the locality. When Patch was asked to hold up his hand to plead the

indictment, he put up his left hand. The jury brought in a verdict of

guilty, and before execution the criminal made full confession of his

terrible deed.

Dreams also have played no inconsiderable part in the discovery of crime.

We have not space in the present article to notice all trials where

dream-evidence has been offered to the court; a brief notice of those

cases in which it has had an important bearing must suffice. The most

notorious instance, of course, is that of Maria Martin, the victim of the

Red Barn tragedy. After her departure from home, in order, as was

supposed, to many William Corder, nothing, either by way of letters, or

otherwise, was heard of her, except brief mention in Corder's

communications. Nearly twelve months passed, when Mrs. Martin was startled

and horrified by dreaming, on three successive nights, that Maria had been

murdered and buried in the Red Barn. After much persuasion her husband and

son consented to search the place, and there, in the exact spot indicated

by Mrs. Martin as having been pointed out in her dreams, was found the

body of her missing daughter, buried under the flooring in a sack.

Mention may also be made of the case of Ulick Maguire, an Irish farmer,

whose wife dreamed that her husband had been murdered by a disappointed

lover of hers, named O'Flanagan. A few days later an idiot boy, who lived

in the house, was heard shrieking in terror: "Shanus dhu more O'Flanagan

(big black James) has kilt Ulick, and buried him under the new ditch at

the back of the garden. I dhramed it last night, evry wurrd av it." The

singular coincidence of the lad's dream with her own excited Mrs.

Maguire's suspicions to the utmost, especially as her husband was away

from home at the time. She ordered a search at the particular spot

mentioned by the idiot boy, and there, to her horror, was found the body

of Ulick, with the skull cleft in twain. Immediate request was made for

"big black James." He had absconded and enlisted in the army, but on being

charged with the crime he admitted his guilt, and suffered the penalty of

death.

In one instance, by far the most wonderful of its kind, the victim of a

murder has appeared in successive dreams, and played the part of detective

with admirable skill and effectiveness. A Grub Street victualler, named

Stockton, was murdered towards the close of the seventeenth century. Three

men were suspected of the crime, but neither of them could be discovered,

and the affair seemed likely to become one of the mysteries of crime, when

a Mrs. Greenwood dreamed that Stockton, who had been a neighbour during

life, had taken her to a house in Thomas Street, telling her that his

murderer was inside. On going to the house in person Mrs. Greenwood was

told that Maynard, one of the suspected men, had gone abroad. The

following night Stockton appeared and showed her the features of Maynard,

and gave her such particulars of the man's habits and resorts that he was

captured within a few hours. From Maynard the names of his partners in

guilt, Bevel and Marsh, were obtained, but again the authorities were at

fault, until Stockton indicated the house where Marsh visited, and the

yard (afterwards discovered to be the yard of Marshalsea Prison) in which

Bevel would be found. From a crowd of other prisoners Mrs. Greenwood

identified Bevel, and shortly afterwards, through her strange testimony,

Marsh also was arrested. Then, as an old chronicle of the case affirms,

Stockton appeared for the last time, and thanked her for her good offices.

We have given the story as it has come down through two centuries; a whole

body of clergymen attested its accuracy at the time, and present-day

enquirers would have great difficulty, we imagine, in conclusively proving

that the murder of Stockton was traced by other and less extraordinary

means.

Closely allied to the evidence furnished by dreams, and indeed, as in the

foregoing case of Stockton, sometimes barely distinguishable from it, is

that offered by ghosts, actually seen by witnesses in a waking, but

hallucinatory, state. Such evidence would scarcely be admissable in

modern courts of law, but in past ages it was freely employed, and has

served to bring criminals to the gallows. It must be admitted that the

other testimony against the accused was strong, but in numerous instances

ghosts have been instrumental in putting the officials on to a clue or

track which they would most likely never have discovered by their own

unaided efforts. In his "History of Durham," Surtees mentions the case of

Anne Walker, who lived in 1630, and had become engaged in an intrigue with

a relative of the same name. The girl was placed for a time under the care

of a friend in a neighbouring village, but one night she was removed from

there by Walker and a man named Sharp. From that date no one saw her

alive. A fortnight afterwards, Graime, a fuller, was terrified by the

appearance in his mill of Anne Walker's ghost, "dishevelled,

blood-stained, and with five wounds in her head." She told him the whole

story of her murder; how Sharp had killed her with a collier's pick, and

then thrown her body down a shaft. Graime hesitated to use this strangely

acquired information. Apparently incensed at his delay, Anne Walker

repeatedly appeared, and in order to rid himself of these visitations,

the frightened fuller at length acquainted the authorities with his story.

Immediate enquiry confirmed his statements in every particular. Walker and

Sharp were arrested, charged with the murder of the girl, found guilty,

and executed, though to the last they maintained their innocence of the

crime.

A case, somewhat similar, has occurred even in the present century, and in

matter-of-fact, new world Australia, where visions might be expected to be

few and far between. The friends of a well-to-do settler near Sydney were

surprised to hear from his steward that he had been suddenly called to

England on important legal business. Remembering the vast wealth of the

man, and the necessity for precautions in regard to it, they accepted the

statement, and also recognised the steward's control of the estate during

his master's absence. What was the astonishment, however, of one of these

friends, when on riding over the estate he saw the owner, whom he thought

to be in England, sitting on a neighbouring stile? The figure looked at

him silently and sorrowfully, then walked towards a pond and disappeared.

Drags were procured and the water searched, when the body of the absent

owner was brought to the surface. Confronted with the corpse the steward

confessed that he had murdered his master at the identical stile on which

the ghost had sat.

Pierre le Loyer, a French writer on law and the supernatural, mentions in

his "Discours des Spectres," the case of a man who mysteriously vanished,

having, as was supposed, been murdered. A few weeks later the ghost of the

absentee appeared to his brother, took him to a lonely spot, and there

pointed out where he had been murdered and buried by his own wife and her

lover. Enraged at this domestic perfidy and wickedness the brother

denounced his sister-in-law, and on his testimony she was condemned to be

strangled and her body afterwards burned.

About half a century ago a peculiar case of fraud was disclosed by

remarkable means during the hearing of a law-suit in Tuscany. The decision

of the court turned on the point whether a certain word had been erased

from a particular document of importance. Chemical processes were alleged

to have been employed, and acting on scientific knowledge one of the

lawyers proposed that the document should be heated, as thereby a slight

difference of shade or colouring between the paper and the letters

supposed to have been removed might become visible. Permission was given

to try the experiment, and on the application of heat the important word

in question immediately appeared, and the court gave a verdict in

accordance with this ingeniously devised testimony.

Since that time the progress and development of science have enabled

criminal investigation to be conducted by methods which would otherwise be

impossible, and with almost unerring certainty and decision. The

microscope and the spectroscope have been employed in numerous cases of

murder and forgery where less subtle means of discovery would have proved

useless; chemical analysis has become an important agent of detection,

while photography has also rendered signal service in the cause of

justice. We may not have concerned ourselves with the numerous methods by

which bank-note forgeries are detected; hitherto our references have been

mainly to the more serious crime of murder, and with a few instances of

this character brought to light through modern science our list must

close.

Although, generally speaking, the microscope cannot discern any difference

between the blood of man and that of other mammalia, yet the merest

examination suffices to show the difference between mammalian blood and

that of birds, reptiles, or fishes. In the one case the red blood

corpuscles are round, and without a nucleus; in the other they are oval

and nucleated. On this fact the evidence for a prisoner at Chelmsford

charged with murder was completely rebutted. Blood stains had been found

on his clothes, which, according to his counsel, had been caused by

chicken's blood. But the prosecution brought forward a microscopist, who

stated that the blood stains were mammalian, and on this testimony the

plea of the prisoner was rejected. In the following year, and at the same

assizes, the testimony against a man charged with murder was strengthened

by the microscopical discovery of cotton fibres on a certain weapon, which

he was said to have used, while the murderers of a man who had been kicked

to death were convicted on the evidence of two doctors, who found on the

boots of the accused a number of hairs corresponding with the hair on the

head of the victim. Evidence of this kind is becoming of extreme

importance. Hardly a serious crime is investigated without the application

of one or other of these scientific methods of detection, and with each

success the career of the criminal becomes increasingly difficult and

arduous, and his chances of success more remote. Of remarkable discoveries

of crime the microscope, the camera, and the spectroscope furnish the most

subtle instances, and it is quite possible that before long other methods

of investigation, founded on the most recent scientific achievements, will

also be brought into operation. The phonograph and the Roentgen rays are

only waiting their turn to serve in the cause of justice.

Post-Mortem Trials.

BY GEORGE NEILSON.

It might be thought that a man's death made an end of him, and that his

mere body had no rights or duties except that of getting decently buried.

The middle age had other ideas. The dead still had status and duties.

Continental laws recognised acts of renunciation in which a widow laid the

keys on her husband's corpse, or tapped his grave with the point of a

halberd. The body of a murdered person, or, it might be his hand merely,

might be carried before the judge to demand vengeance.[18] By English

thirteenth century law[19] legal possession of real estate was thought to

remain in a man, not until he died, but until his body was borne forth to

burial. The dead might be a very potent witness, as shewn by the ordeal of

bier-right,[20] a practice founded on the belief that the murderer's

touch would cause the victim's wounds to bleed afresh. Thus variously

qualified to act as witness or prosecutor as occasion required, it is not

surprising to find the dead as defendant also.

English history[21] remembers the strange scene enacted in the monastery

of Caen in 1087, when William the Conqueror lay dead there, and the

ceremonials of his interment were interrupted by a weird appeal. Ascelin,

the son of Arthur, loudly claimed as his, neither sold nor given, the land

on which the church stood, and, forbidding the burial, he appealed to the

dead to do him justice. More than one[22] old English poem turned its plot

round the ancient canon law, by which a burial might be delayed for debt.

The dead was arrestable: a law afterwards set aside, "for death dissolved

all things." But in more codes than one death did not dissolve liability

for the consequences of high treason.

In Scotland,[23] in the year 1320, at the "black parliament" of Scone,

several Scotsmen were convicted of conspiracy against King Robert the

Bruce. Most of them were drawn, hanged, and beheaded. But a Scottish

historian of the time tells us that Roger of Mowbray, one of the accused,

having died before his trial, "his body was carried to the place,

convicted of conspiracy, and condemned to be drawn by horses, hung on the

gallows, and beheaded." It is to the credit of Bruce that he did not allow

the corporal part of the sentence to be carried out, although many entries

in the charter rolls[24] shew that the consequent escheats of the

traitor's lands served to reward the loyalty of others. His body convicted

of conspiracy! How came this singular procedure into Scottish practice?

In England, towards the close of the fourteenth century, although escheats

were not less keenly looked after than in Scotland--and that sometimes in

cases[25] where men had died unconvicted,--the purpose of attainder

appears to have been effected without the expedient of calling the dead to

the bar. The dead, however, was convicted. In the case of Robert

Plesyngton,[26] for instance, in 1397, the judgment of Parliament bore an

express conviction of treason, "_noun-obstant la mort de dit Roberd_." In

1400, John, Earl of Salisbury, challenged for treason by Lord Morley, was

killed before the day appointed for the duel. The court not only adjudged

him a traitor,[27] but on grounds eked out by Roman law subjected his

sureties in costs to his accuser--said costs including the handsome fee of

100s. and twelve yards of scarlet cloth to the lawyer Adam of Usk.[28]

In all features save perhaps that of the actual presence of the body in

the trial, warrant can be found for the Scottish practice in Roman law.

The offence of "majesty," or high treason, formed an exception to the

great humane general rule that responsibility for crime ended with the

criminal's breath. Under the Lex Julia[29] death was no defence to a

charge of "majesty;" proceedings could be raised to stamp the dead man's

name with the brand of treason; his kinsmen might if they chose deny and

defend; but if they failed to clear him his goods were confiscated and his

memory damned. There is in the annals of Rome at least one instance[30] of

a death-sentence of this sort pronounced after the accused was in his

grave. Nor was its scope confined absolutely to high treason. The Church

had a quiet way of appropriating tit-bits of barbaric policy for pious

uses. The Emperor Theodosius[31] said that the inquisition for heresy

ought to extend to death itself; and as in the crime of majesty, so in

cases of heresy, it should be lawful to accuse the memory of the dead. The

Popes endorsed the analogy,[32] for heretics had goods, which sometimes

were worth forfeiting. The spiritual authority however was of more moment.

The Church claimed the power to bind and loose even after death,[33] and a

Welsh twelfth century bishop did not stand alone when he carried it so far

as to scourge the body of a king who had died excommunicate.[34] On the

same principle dead heretics--dead before sentence of heresy--were

burnt.[35]

It was by a close following up of Roman jurisprudence, with, peradventure,

some added light from the law and practice of the Church, that the French

devised their _proces au cadavre_,[36] by which the memory of a dead

traitor was attacked. Its special application was to lesemajesty described

as divine and human, the former an elastic term covering offences against

God and religion. Allied to this latter category, though not exactly of

it, was the mortal sin of suicide. Self-slaughter was so deeply abhorrent

to mediaeval thought as not only to be reckoned more culpable, but to call

for more shameful punishment, than almost any other crime. So coupling the

traitor and the self-slayer in the same detestation, the law assailed both

by the same strange post-mortem process, and (by methods of reasoning

which Voltaire was one of the first to ridicule) consigned their souls to

perdition, their memories to infamy, and their bodies to the gibbet.[37]

The treatment of the suicide was peculiar in its refinements of symbolic

shame. The body was, by the customary law (for example, of Beaumont[38]),

to be drawn to the gibbet as cruelly as possible, _pour monstrer

l'experience aux aultres_. The very door-step of the house in which he lay

was to be torn up, for the dead man was not worthy to pass over it.

Impalement, transfixture by a stake, though well enough known on the

continent as a punishment of the living, became there and in England

alike, the special doom of the suicide. Yet the _proces au cadavre_ had no

footing in English law, and although it was already in 1320 received in

Scotland, we shall find reason for thinking it not wholly welcome.

After the trial in 1320 before alluded to, the records in Scotland are

silent for over two centuries, and it is not until 1540 that the process

is heard of again. In that year[39] the heirs of one Robert Leslie were

summoned to the court of parliament to hear his name and memory "delete

and extinct," for certain points and crimes of lesemajesty, and his lands

and goods forfeited to the king. Legal authorities,[40] obviously

forgetful of the fourteenth century instance, follow one another in the

mistake of regarding Leslie's as the first of its kind. The legality of

the procedure was called in question at the time. Indeed, so loud was the

murmur that it can still be heard in the act passed to put it to silence.

"It is murmurit," says the enactment, "that it is ane noveltie to rais

summondis and move sic ane actioun aganis ane persoun that is deide,

howbeit the commoun law directly providis the samin."[41] The three

estates of parliament therefore on the motion of the lord advocate,

declared unanimously "all in ane voce, but[42] variance or discrepance,"

that the cause was just and conform to common law. In another case of the

following year[43] the charge and judgment were enrolled in the Acts of

Parliament. The widow and the heir of the late James Colville were

summoned "to see and hear that the said deceased James, whilst he lived

had committed the crime of lesemajesty." The deliverance of parliament as

tribunal was by its terms an actual sentence upon the dead--that the

deceased James "hes incurrit the panis of crime of lesemajeste" for which

causes the court decerned "the memoure of the said umquhile James to be

deleit," and his possessions confiscated to the crown.

Parliament which had unanimously voted the procedure well based in law,

found that it was dangerous. It was necessary to restrict its scope. In

1542, it is on parliamentary record[44] that "the lordis thinkis the said

act [_i.e._, of 1540], ower generale and prejudiciale to all the barions

of this realme." This would never do:--an act prejudicial to the barons!

So it became statute law in 1542, that it should apply only to cases of

grave treason, public and notorious during the offender's life, and that

prosecution for the future must be raised within five years after the

traitor's death. It was a reasonable restraint, not always observed.

During the reigns of Mary and James VI. a number of trials occurred in

which this singular process was resorted to, and in some, if not all, of

which the body of the dead appeared at the bar. Occasionally it was

embalmed for the purpose.[45] It had been a part of the border code,

prevalent on the marches of England and Scotland, that an accused should,

although dead, be brought to the place of judgment in person. In 1249, the

marchmen of both realms had declared the law in that sense. They said

that, in any plea touching life and limb, if the defendant died the body

of him should be carried to the march on the day and to the place fixed

between the parties, because--concludes this remarkable provision[46]--"no

man can excuse himself by death." And in the end of the sixteenth century

the borderers had not forgotten the tradition their forefathers had

inherited in the thirteenth, for in 1597, when Scotsmen and Englishmen

were in fulfilment of their treaty obligations presenting their promised

pledges, the custom was scrupulously observed on the English side. All

were there,--all, though all included one that was no more.[47] "Thoughe

one of the nomber were dead, yet was he brought and presented at this

place." They evidently believed on the borders, which Sir Robert Cary with

some reason called[48] an "uncristned cuntry," that a man could best prove

that he was dead by attendance in person.

Legal Lore: Curiosities of Law and Lawyers · 第 10 / 13 段