“A man between 25 and 30 years of age, five foot eight or nine inches in height, slim build, dark hair, clean-shaven, dressed in light grey overcoat and dark cloth cap.”
Four days later, however, upon Christmas Day, the police found themselves in a position to give a more detailed description: “ The man wanted is about 28 or 30 years of age, tall and thin, with his face shaved clear of all hair, while a distinctive feature is that his nose is slightly turned to one side. The witness thinks the twist is to the right side. He wore one of the popular tweed hats known as Donegal hats, and a fawn coloured overcoat which might have been a waterproof, also dark trousers and brown boots.”
The material from which these further points were gathered, came from a young girl of fifteen, in humble life, named Mary Barrow- man. According to this new evidence, the witness was passing the scene of the murder shortly after seven o’clock upon the fatal night. She saw a man run hurriedly down the steps, and he passed her under a lamp-post. The incandescent light shone clearly upon him. He ran on, knocking against the witness in his haste, and disappeared round a corner. On hearing later of the murder, she connected this incident with it. Her general recollections of the man were as given in the description, and the grey coat and cloth cap of the first two witnesses were given up in favour of the fawn coat and round Donegal hat of the young girl. Since she had seen no peculiarity in his walk, and they had seen none in his nose, there is really nothing the same in the two descriptions save the “ clean-shaven,” the “ slim build “ and the approximate age.
It was on the evening of Christmas Day that the police came at last upon a definite clue. It was brought to their notice that a German Jew of the assumed name of Oscar Slater had been endeavouring to dispose of the pawn ticket of a crescent diamond brooch of about the same value as the missing one. Also, that in a general way, he bore a resemblance to the published description. Still more hopeful did this clue appear when, upon raiding the lodgings in which this man and his mistress lived, it was found that they had left Glasgow that very night by the nine o’clock train, with tickets (over this point there was some clash of evidence) either for Liverpool or London. Three days later, the Glasgow police learned that the couple had actually sailed upon December 26th upon the Lusitania for New York under the name of Mr. and Mrs. Otto Sando. It must be ad mitted that in all these proceedings the Glasgow police showed considerable deliberation. The original information had been given at the Central Police Office shortly after six o’clock, and a detective was actually making enquiries at Slater’s flat at seven-thirty, yet no watch was kept upon his movements, and he was allowed to leave between eight and nine, untraced and unquestioned. Even stranger was the Liverpool departure. He was known to have got away in the southbound train upon the Friday evening. A great liner sails from Liverpool upon the Saturday. One would have imagined that early on the Saturday morning steps would have been taken to block his method of escape. However, as a fact, it was not done, and as it proved it is as well for the cause of justice, since it had the effect that two judicial processes were needed, an American and a Scottish, which enables an interesting comparison to be made between the evidence of the principal witnesses.
Oscar Slater was at once arrested upon arriving at New York, and his seven trunks of baggage were impounded and sealed. On the face of it there was a good case against him, for he had undoubtedly pawned a diamond brooch, and he had subsequently fled under a false name for America. The Glasgow police had reason to think that they had got their man. Two officers, accompanied by the witnesses to identity — Adams, Lambie and Barrowman — set off at once to carry through the extradition proceedings and bring the suspect back to be tried for his offence. In the New York Court they first set eyes upon the prisoner, and each of them, in terms which will be afterwards described, expressed the opinion that he was at any rate exceedingly like the person they had seen in Glasgow. Their actual identification of him was vitiated by the fact that Adams and Barrowman had been shown his photographs before attending the Court, and also that he was led past them, an obvious prisoner, whilst they were waiting in the corridor. Still, however much one may discount the actual identification, it cannot be denied that each witness saw a close resemblance between the man before them and the man whom they had seen in Glasgow. So far at every stage the case against the accused was becoming more menacing. Any doubt as to extradition was speedily set at rest by the prisoner’s announcement that he was prepared, without compulsion, to return to Scotland and to stand his trial. One may well refuse to give him any excessive credit for this surrender, since he may have been persuaded that things were going against him, but still the fact remains (and it was never, so far as I can trace, mentioned at his subsequent trial), that he gave himself up of his own free will to justice. On February 21st Oscar Slater was back in Glasgow once more, and on May 3rd his trial took place at the High Court in Edinburgh.
But already the very bottom of the case had dropped out. The starting link of what had seemed an imposing chain, had suddenly broken. It will be remembered that the original suspicion of Slater was founded upon the fact that he had pawned a crescent diamond brooch. The ticket was found upon him, and the brooch recovered. It was not the one which was missing from the room of the murdered woman, and it had belonged for years to Slater, who had repeatedly pawned it before. This was shown beyond all cavil or dispute. The case of the police might well seem desperate after this, since if Slater were indeed guilty, it would mean that by pure chance they had pursued the right man. The coincidence involved in such a supposition would seem to pass the limits of all probability.
Apart from this crushing fact, several of the other points of the prosecution had already shown themselves to be worthless. It had seemed at first that Slater’s departure had been sudden and unpremeditated — the flight of a guilty man. It was quickly proved that this was not so. In the Bohemian clubs which he frequented — he was by profession a peddling jeweller and a man of disreputable, though not criminal habits — it had for weeks before the date of the crime been known that he purported to go to some business associates in America. A correspondence, which was produced, showed the arrangements which had been made, long before the crime, for his emigration, though it should be added that the actual determination of the date and taking of the ticket were subsequent to the tragedy.
This hurrying-up of the departure certainly deserves close scrutiny. According to the evidence of his mistress and of the servant, Slater had received two letters upon the morning of December 21st. Neither of these were produced at the trial. One was said to be from a Mr. Rogers, a friend of Slater’s in London, telling him that Slater’s wife was bothering him for money. The second was said to be from one Devoto, a former partner of Slater’s asking him to join him in San Francisco. Even if the letters had been destroyed, one would imagine that these statements as to the letters could be disproved or corroborated by either the Crown or the defence. They are of considerable importance, as giving the alleged reasons why Slater hurried up a departure which had been previously announced as for January. I cannot find, however, that in the actual trial anything definite was ascertained upon the matter.
Another point had already been scored against the prosecution in that the seven trunks which contained the whole effects of the prisoner, yielded nothing of real importance. There were a felt hat and two cloth ones, but none which correspond with the Donegal of the original description. A light- coloured waterproof coat was among the outfit. If the weapon with which the deed was done was carried off in the pocket of the assassin’s overcoat — and it is difficult to say how else he could have carried it, then the pocket must, one would suppose, be crusted with blood, since the crime was a most sanguinary one. No such marks were discovered, nor were the police fortunate as to the weapon. It is true that a hammer was found in the trunk, but it was clearly shown to have been purchased in one of those cheap half-crown sets of tools which are tied upon a card, was an extremely light and fragile instru
ment, and utterly incapable in the eyes of commonsense of inflicting those terrific injuries which had shattered the old lady’s skull. It is said by the prosecution to bear some marks of having been scraped or cleaned, but this was vigorously denied by the defence, and the police do not appear to have pushed the matter to the obvious test of removing the metal work, when they must, had this been indeed the weapon, have certainly found some soakage of blood into the wood under the edges of the iron cheeks or head. But a glance at a facsimile of this puny weapon would convince an impartial person that any task beyond fixing a tin-tack, or cracking a small bit of coal, would be above its strength. It may fairly be said that before the trial had begun, the three important points of the pawned jewel, the supposed flight, and the evidence from clothing and weapon, had each either broken down completely, or become exceedingly attenuated.
Let us see now what there was upon the other side. The evidence for the prosecution really resolved itself into two sets of witnesses for identification. The first set were those who had actually seen the murderer, and included Adams, Helen Lambie, and the girl Barrowman. The second set consisted of twelve people who had, at various dates, seen a man frequenting the street in which Miss Gilchrist lived, and loitering in a suspicious manner before the house. All of these, some with confidence, but most of them with reserve, were prepared to identify the prisoner with this unknown man. What the police never could produce, however, was the essential thing, and that was the least connecting link between Slater and Miss Gilchrist, or any explanation how a foreigner in Glasgow could even know of the existence, to say nothing of the wealth, of a retired old lady, who had few acquaintances and seldom left her guarded flat.
It is notorious that nothing is more tricky than evidence of identification. In the Beck case there were, if I remember right, some ten witnesses who had seen the real criminal under normal circumstances, and yet they were all prepared to swear to the wrong man. In the case of Oscar Slater, the first three witnesses saw their man under conditions of excitement, while the second group saw the loiterer in the street under various lights, and in a fashion which was always more or less casual. It is right, therefore, that in assigning its due weight to this evidence, one should examine it with some care. We shall first take the three people who actually saw the murderer.
There seems to have been some discrepancy between them from the first, since, as has already been pointed out, the description published from the data of Adams and Lambie, was modified after Barrowman had given her information. Adams and Lambie said:
“A man between twenty-five and thirty years of age, 5 feet 8 or 9 inches in height, slim build, dark hair, clean shaven, dressed in light grey overcoat and dark cloth cap.”
After collaboration with Barrowman the description became:
“ Twenty-eight or thirty years of age, tall and thin, clean shaven, his nose slightly turned to one side. Wore one of the popular round tweed hats known as Donegal hats, and a fawn-coloured overcoat which might have been a waterproof, also dark trousers and brown boots.”
Apart from the additions in the second description there are, it will be observed, two actual discrepancies in the shape of the hat and the colour of the coat.
As to how far either of these descriptions tallies with Slater, it may be stated here that the accused was thirty-seven years of age, that he was above the medium height, that his nose was not twisted, but was depressed at the end, as if it had at some time been broken, and finally that eight witnesses were called upon to prove that, on the date of the murder, the accused wore a short but noticeable moustache.
I have before me a verbatim stenographic report of the proceedings in New York and also in Edinburgh, furnished by the kindness of Shaughnessy & Co., solicitors, of Glasgow, who are still contending for the interests of their unfortunate client. I will here compare the terms of the identification in the two Courts:
Helen Lambie, New York, January 26th, 1909.
Q. “Do you see the man here you saw there? “
A. “ One is very suspicious, if anything.” Q. “Describe him.”
A. “ The clothes he had on that night he hasn’t got on to-day — but his face I could not tell. I never saw his face.”
(Having described a peculiarity of walk, she was asked): Q. “ Is that man in the room? “ A. “ Yes, he is, sir.” Q. “Point him out.”
A. “ I would not like to say “
(After some pressure and argument she pointed to Slater, who had been led past her in the corridor between two officers, when both she and Barrowman had exclaimed: “ That is the man,” or “ I could nearly swear that is the man.”)
Q. “ Didn’t you say you did not see the man’s face? “ A. “ Neither I did. I saw the walk.” The reader must bear in mind that Lambie’s only chance of seeing the man’s walk was in the four steps or so down the passage. It was never at any time shown that there was any marked peculiarity about Slater’s walk.
Now take Helen Lambie’s identification in Edinburgh, May 9th, 1909.
Q. “ How did you identify him in America?”
A. “ By his walk and height, his dark hair and the side of his face.”
Q . “ You were not quite sure of him at first in America?”
A. “ Yes, I was quite sure.”
Q. “ Why did you say you were only suspicions? “
A. “It was a mistake.”
Q. “What did you mean in America by saying that you never saw his face if, in point of fact, you did see it so as to help you to recognise it? What did you mean? “
A. “Nothing.”
On further cross-examination she declared that when she said that she had never seen the man’s face she meant that she had never seen the “ broad of it” but had seen it sideways.
Here it will be observed that Helen Lambie’s evidence had greatly stiffened during the three months between the New York and the Edinburgh proceedings. In so aggressively positive a frame of mind was she on the later occasion, that, on being shown Slater’s overcoat and asked if it resembled the murderer’s, she answered twice over: “ That is the coat,”although it had not yet been unrolled, and though it was not light grey, which was the colour in her own original description. It should not be forgotten in dealing with the evidence of Lambie and Adams that they are utterly disagreed as to so easily fixed a thing as their own proceedings after the hall door was opened, Adams swearing that Lambie walked to nearly the end of the hall, and Lambie that she remained upon the doormat. Without deciding which was right, it is clear that the incident must shake one’s confidence in one or other of them as a witness.
In the case of Adams the evidence was given with moderation, and was substantially the same in America and in Scotland.
“ I couldn’t say positively. This man (indicating Slater) is not at all unlike him.” Q. “ Did you notice a crooked nose? “ A. “No.”
Q. “ Anything remarkable about his walk? “ A. “No.”
Q. “ You don’t swear this is the man you saw? “
A. “ No, sir. He resembles the man, that is all that I can say.”
In reply to the same general questions in Edinburgh, he said:
“ I would not like to swear he is the man. I am a little near-sighted. He resembles the man closely.”
Barrowman, the girl of fifteen, had met the man presumed to be the murderer in the street, and taken one passing glance at him ‘under a gas lamp on a wet December’s night — difficult circumstances for an identification. She used these words in New York:
“That man here is something like him,” which she afterwards amended to “ very like him.” She admitted that a picture of the man she was expected to identify had been shown to her before she came into the Court. Her one point by which she claimed to recognise the man was the crooked nose. This crooked nose was not much more apparent to others than the peculiarity of walk which so greatly impressed Helen Lambie that, after seeing half a dozen steps of it, she could identify it with confidence. In Edinburgh
Barrowman, like Lambie, was very much more certain than in New York. The further they got from the event, the easier apparently did recognition become. “ Yes, that is the man who knocked against me that night,” she said. It is remarkable that both these females, Lambie and Barrowman, swore that though they were thrown together in this journey out to New York, and actually shared the same cabin, they never once talked of the object of their mission or compared notes as to the man they were about to identify. For girls of the respective ages of fifteen and twenty-one this certainly furnishes a unique example of self- restraint.
These, then, are the three identifications by the only people who saw the murderer. Had the diamond brooch clue been authentic, and these identifications come upon the top of it, they would undoubtedly have been strongly corroborative. But when the brooch has been shown to be a complete mistake, I really do not understand how anyone could accept such half-hearted recognitions as being enough to establish the identity and guilt of the prisoner.
There remains the so-called identification by twelve witnesses who had seen a man loitering in the street during the weeks before the crime had been committed. I have said a “so-called” identification, for the proceedings were farcical as a real test of recognition. The witnesses had seen portraits of the accused. They were well aware that he was a foreigner, and then they were asked to pick out his swarthy Jewish physiognomy from among nine Glasgow policemen to two railway officials. Naturally they did it without hesitation, since this man was more like the dark individual whom they had seen and described than the others could be.
Read their own descriptions, however, of the man they had seen, with the details of his clothing, and they will be found in many respects to differ from each other on one hand, and in many from Slater on the other. Here is a synopsis of their impressions:
Delphi Complete Works of Sir Arthur Conan Doyle (Illustrated) Page 1085
