Delphi Complete Works of Sir Arthur Conan Doyle (Illustrated), page 1089
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, Rattman, 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; (a) 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 with in 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.
THE HOLOCAUST OF MANOR PLACE
In the study of criminal psychology one is forced to the conclusion that the most dangerous of all types of mind is that of the inordinately selfish man. He is a man who has lost his sense of proportion. His own will and his own interest have blotted out for him the duty which he owes to the community. Impulsiveness, jealousy, vindictiveness are the fruitful parents of crime, but the insanity of selfishness is the most dangerous and also the most unlovely of them all. Sir Willoughby Patterne, the eternal type of all egoists, may be an amusing and harmless character as long as things go well with him, but let him be thwarted, let the thing which he desires be withheld from him, and the most monstrous results may follow. Huxley has said that a man in this life is for ever playing a game with an unseen opponent, who only makes his presence felt by exacting a penalty every time one makes a mistake in the game. The player who makes the mistake of selfishness may have a terrible forfeit to pay, but the unaccountable thing in the rules is that some, who are only spectators of his game, may have to help him in the paying. Read the Story of William Godfrey Youngman, and see how difficult it is to understand the rules under which these penalties are exacted. Learn also from it that selfishness is no harmless peccadillo, but that it is an evil root from which the most monstrous growths may spring.
About forty miles to the south of London, and close to the rather passé watering-place of Tunbridge Wells, there lies the little townlet of Wadhurst. It is situated within the borders of Sussex at a point which is close to the confines of Kent. The country is a rich pastoral one and the farmers are a flourishing race, for they are near enough to the Metropolis to take advantage of its mighty appetite. Among these farmers there lived in the year 1860 one Streeter, the master of a small homestead and the father of a fair daughter, Mary Wells Streeter. Mary was a strong, robust girl, some twenty years of age, skilled in all country work, and with some knowledge also of the town, for she had friends up there, and above all she had one friend, a young man of twenty-five, whom she had met upon one of her occasional visits, and who had admired her so that he had actually come down to Wadhurst after her, and had spent a night under her father’s roof. The father had expressed no disapprobation of the suitor, a brisk, masterful young fellow, a little vague in his description of his own occupation and prospects, but an excellent fireside companion. And so it came about that the deep, town-bred William Godfrey Youngman became engaged to the simple, country-bred Mary Wells Streeter, William knowing all about Mary, but Mary very little about William.
July the 29th of that year fell upon a Sunday, and Mary sat in the afternoon in the window of the farm-house parlour, with her bundle of love- letters upon her lap, reading them again and yet again. Outside was the little square of green lawn, fringed with the homely luxuriance of an English country garden, the high hollyhocks, the huge nodding sunflowers, the bushes of fuchsia, and the fragrant clumps of sweet William. Through the open lattice came the faint, delicate scent of the lilac and the long, low droning of the bees. The farmer had lain down to the plethoric sleep of the Sunday afternoon, and Mary had the room to herself. There were fifteen love-letters in all some shorter, some longer, some wholly delightful, some with scattered business allusions, which made her wrinkle her pretty brows. There was this matter of the insurance, for example, which had cost her lover so much anxiety until she had settled it. No doubt he knew more of the world than she, but still it was strange that she, so young and so hale, should be asked and again asked to prepare herself for death. Even in the flush of her love those scattered words struck a chill to her heart. ‘Dearest girl,’ he had written, ‘I have filled up the paper now, and took it to the life insurance office, and they will write to Mrs. James Boric today to get an answer on Saturday. So you can go to the office with me before two o’clock on Monday.’ And then again, only two days later, he had begun his letter: ‘You promised me faithfully over and over again, and I expect you to keep your promise, that you would be mine, and that your friends would not know it until we were married; but now, dearest Mary, if you will only let Mrs. James Bone write to the insurance office at once and go with me to have your life insured on Monday morning next!’ So ran the extracts from the letters, and they perplexed Mary as she read them. But it was all over now, and he should mingle business no longer with his love, for she had yielded to his whim, and the insurance for £100 had been duly effected. It had cost her a quarterly payment of 10s. 4d., but it had seemed to please him, and so she would think of it no more.
