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diff --git a/44552-0.txt b/44552-0.txt new file mode 100644 index 0000000..46e1185 --- /dev/null +++ b/44552-0.txt @@ -0,0 +1,7241 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 44552 *** + +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. + + + + +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. + + +In the days of the stage-coach a fugitive had a better chance of escaping +than in the present age of steam power on land and sea. For then, slow as +were the ways of escape, the ways of advertising the crime were slower +still, and once on board a ship a runaway was comparatively safe from +arrest. + +The story of Margaret Catchpole, which has now become almost classic, may +be cited as a good illustration of the way in which the pursuers were +handicapped, when the fugitive had had a few hours' start. + +It was in 1797 that Margaret Catchpole, a servant-maid at Ipswich, stole a +horse from the stable of her master, in order to join her lover, and +disguised as a lad rode all the way to London in eight and a half hours, +with only a single stop at Marks Tey, in Essex. + +A few hours later the horse was missed, and handbills describing it and +offering a reward for the capture of the thief were hurriedly printed and +sent out of Ipswich by every vehicle that left the town. + +Two men were also despatched in pursuit along the London road, but being +falsely directed were about to turn off in the direction of Maldon, when +they chanced to meet a man who had seen Margaret riding to London. But +for this chance meeting Margaret would probably have escaped capture. + +As it was, the pursuers reached London the following day and Margaret was +arrested just as she had concluded a sale of the horse with a dealer. + +She was tried at the Bury Assizes and sentenced to death, but through the +influence of her former master the sentence was commuted to a term of +imprisonment. + +Three years later her lover, Laud, who was a smuggler, assisted her to +escape from Ipswich gaol, and again handbills for her arrest were issued. +She was captured on the beach while in the act of embarking in Laud's +boat, and Laud himself was killed in the fight. For the second time she +was sentenced to death, and was once more reprieved, her sentence now +being transportation to Botany Bay. There she married, and died many years +later. + +The introduction of the railway did not materially change the relative +position of pursuer and pursued; for although the fugitive could travel +more rapidly than before, and thus when chance favoured him could get to +the coast and on board a ship about to sail, he had against him the more +speedy notification of the crime in all directions, which was also +rendered possible by the railway. + +It was not until a means of communication infinitely more rapid than the +steam engine had been discovered, that the balance turned decisively +against the man endeavouring to elude the grasp of the law. + +It is strange to reflect that it was not until it had been employed in the +capture of a criminal that it was recognised in how many directions the +electric telegraph might be of service to mankind. + +Prior to that time the invention had been little better than a failure +from a commercial point of view, for, although the railway companies had +some time before this realised the advantages of the new system of +communication, the Government had refused to have anything to say to it. + +It was thus little short of a revelation to the public when, in 1845, the +news was made known that a suspected murderer had been arrested through +the agency of the telegraph. + +A woman had been brutally murdered not far from Slough, and a neighbour, +who had heard her screams, rushed to the spot with a lighted candle in her +hand just in time to see a man in Quaker garb hurrying away. + +This man, John Tawell by name, a former member of the Society of Friends, +succeeded in escaping unchallenged to the station and in catching a train +to London, and had it been two years earlier would probably have managed +to get out of England; for news still travelled slowly in those times, and +the train service to London was very infrequent. + +But the police bethought them of the telegraph, which had not long been +established on the Great Western Railway, and a description of the wanted +man was sent over the wires to London. Although Tawell had had a good +start, the message arrived long before him, and detectives were awaiting +the arrival of the train at Paddington. He was followed from the station +to the Bank, and from there to an eating-house, where he had a meal, +and finally to a lodging-house in Cannon Street, where he meant to pass +the night. Here, much to his amazement, he was quietly arrested. His trial +followed in due course, and he was convicted and executed. + +[Illustration: WAR PLAN SENT BY WIRELESS TELEGRAPHY + +_By kind permission of Mr. Thorne-Baker and "The Daily Mirror"_] + +There were several points of scientific interest in his trial, which are +described on another page. + +Last year, sixty-five years after the sensational capture of Tawell, the +attention of the whole world was rivetted upon an Atlantic steamer on its +way from Antwerp to Canada. + +It had on board a man and a woman, who disguised as a Quebec merchant and +his son, were expecting to reach Canada without detection. For a week +previously search had been made for them in every corner of Europe, and +once on board a ship sailing from a foreign port they might reasonably +have anticipated that they were safe. + +But their portraits had been so widely circulated by the newspapers that +their faces were familiar wherever English papers were read, and the ship +was only a few miles on its journey when their disguise was penetrated by +the captain. + +The vessel was fitted with a wireless installation, and now for the first +time since its invention wireless telegraphy played the leading part in +the capture of fugitives from the land. + +The police in London were thus immediately acquainted with the whereabouts +of the wanted pair, and an officer was sent off by a swifter steamer to +greet them on their reaching Canada. Day by day, with almost feverish +excitement, the progress of the _Montrose_ across the ocean was followed, +and the chief topic of public interest was the race between the police +officer on one steamer and the fugitives upon the other. + +The inspector won easily, and was ready waiting to arrest Crippen and his +companion at the first approach of the _Montrose_ to the Canadian shore. + +The trial that followed had many features of scientific interest to which +reference is made in another place. + +The recent advances in the methods of telegraphing a facsimile of a +specimen of handwriting or a sketch, or of reproducing a photograph at a +distance have greatly increased the difficulties of criminals escaping +detection, and the telectrograph, as it is termed, will prove a powerful +weapon in the hands of the detective. + +The selenium machines of Professor Korn were employed by the _Daily +Mirror_ in transmitting the portraits of the chief actors in the Steinheil +case, and one of these photographs, which was received in London while the +Court was still sitting in Paris, is shown in the accompanying picture. + +A still more practical telectrograph is that invented by Mr. Thorne Baker, +which weighs only about twenty-four pounds. This has been simplified to +such an extent that the photograph may be printed upon a flexible plate +with a backing of lead foil, and by attaching this to the transmitting +cylinder the thousands of minute points which go to make up the image will +be exactly reproduced upon a receiving cylinder at the other end of a +telephone wire. + +The instrument may also be used with wireless installations for the +transmission of simple pictures or diagrams, and by its means it would be +easy for a ship at sea to send or receive portraits of an individual under +suspicion. + +[Illustration: PHOTO SENT BY TELEGRAPH FROM PARIS + +_By kind permission of "The Daily Mirror"_] + +The accompanying illustrations, which are reproduced here by the +permission of Mr. Thorne Baker and the _Daily Mirror_, show a portrait of +King Edward VII and an outline war map which were thus transmitted by +"wireless" telegraphy. + +Mr. Thorne Baker states that the use of his instrument renders "tapping" +impossible, since by merely making a slight alteration in the speed of +running the machines, in accordance with a signal arranged beforehand, the +pictures would be so distorted as to be unrecognisable. + +As an early instance of the use made by the police of a portrait in +identifying a suspected individual the case of Arden, who was executed for +murder at the beginning of last century, may be mentioned. + +Arden had given a drawing of himself to a youth, and this was handed to +the police who were thus able to identify the accused in London a month +later. + +The general use of photography in the press has frequently come to the aid +of the police, and instances of photographs of a wanted individual being +employed for this purpose will occur to everyone. At any police station +may now be seen reproductions of photographs of missing individuals, and +these being circulated all over the world, reduce to a small compass the +limits within which a suspect may go without detection. + +Reference may be made to two recent cases by way of illustration. A nurse +had kidnapped a child and all traces of her whereabouts were lost for some +days. Her portrait was published in all the leading papers, and being seen +by the proprietor of an hotel in the Midlands was recognised as that of +one of his guests. + +Acting on this information a police inspector suddenly accosted the +suspected woman and addressed her in her real name, and she, taken off her +guard, answered his remarks naturally, and was at once arrested. + +In January of 1908, Miss Violet Charlesworth succeeded in filling pages of +every English paper by suddenly vanishing from her creditors, under +circumstances intended to suggest that she had been killed. She arranged a +motor-car "accident" upon the cliffs at Penmaenbach, and ostensibly was +flung through the glass screen of the car into the sea. + +As no trace of the body could be found it was soon suspected that there +had been no accident, and that before long the victim would come to life +again. Her portraits were published in hundreds of papers, and were posted +at police stations all over the United Kingdom, and amateur detectives by +the score endeavoured to discover her whereabouts. + +She was recognised from the portraits in half a dozen parts of the country +at the same time, but it was not until a fortnight later that she was +positively identified at Oban. + +The anti-climax of the farce was reached, when, a few days later, she paid +a visit to the London office of her solicitor, and was attended from the +station by a string of motor-cars each containing the special +representative of a London paper. + +[Illustration: PORTRAIT SENT BY WIRELESS TELEGRAPHY + +_By kind permission of Mr. Thorne-Baker and "The Daily Mirror"_] + +Two years later she was found guilty of having defrauded a poor landlady +of a large sum of money at the time when everyone had accepted her great +"expectations" at her own valuation. + +There have been frequent failures in the use of bloodhounds to detect a +criminal, but this must be attributed, in part at all events, to the +circumstance that the dogs have often not been employed until every other +means has failed. + +In the Luard case, for instance, in 1908, bloodhounds were set upon the +track of the supposed assailant of the murdered woman, but the trial was +not made immediately after the discovery of the crime. The scent had +become faint, and it was therefore not surprising that the dogs, after +starting hotly upon the trail, soon lost it again. + +The writer is indebted to Major Richardson for the accompanying photograph +of his trained bloodhound, "Pathan," and for his kind permission to quote +the graphic description of actual man hunts from his fascinating book upon +the subject.[1] + + [1] _War, Police, and Watch Dogs_, by Major E. Richardson (Blackwood + and Sons). + +"On one occasion, when searching for the body of a woman, I used two +collies and a bloodhound. It was summer, and the police, after patrolling +the entire countryside, had narrowed the search down to a mountain covered +with a dense wood and undergrowth of rhododendron bushes. It happened in +mid-summer, and the day was very hot. The collies worked industriously +for almost two hours, keeping well ahead, but after that time they began +to flag, and soon refused to leave my heel. The bloodhound, on the +contrary, continued persistently to search ahead of me all through the +hottest part of the day, until the woman's body was found on the top of +the mountain. + +"As further illustrating the persistency of the bloodhound when on the +trail, I may mention the case of a murder to which I was called in to +assist the police in Scotland. As I and my hounds were in England at the +time, it was seventeen hours after the murder when we reached the scene. +Not only this, but severe frost had intervened during the night, rendering +the ground very unfavourable for scenting purposes. The murder had taken +place in a town, but evidences were found that the criminal had been at a +certain spot outside the town on the cliffs where he had discarded certain +belongings. + +"I took my hounds to this spot and laid them on the trail, first giving +them the scent from the discarded articles. They went clear away for some +distance, and leaving the main road crossed some fields through a wood to +a cottage. Here they seemed to be at fault, and ran about whimpering. On +inquiry at the cottage it appeared that a man had shortly after the murder +called there for some water. + +"Feeling the hounds were right so far I cast them round about in hopes of +their picking up the trail again. After working persistently for a little +time one of them, 'Solferino,' opened to a line beyond the wood, and went +off at a steady rate followed by the other hound, 'Waterloo,' who also +found the line himself. They held to this for a while until checked by a +main road. + +[Illustration: MAJOR RICHARDSON'S MAN-TRACKER "PATHAN" + +_By kind permission of Major Richardson_] + +"The murderer had evidently walked along the road some distance, until, +perhaps, scared by a pedestrian or vehicle, and he then evidently took to +the fields again. + +"Although checked by the road, where the trail became obliterated, the +hounds, nothing daunted, kept steadily onwards, casting all the time on +each side, until they found it again in the fields. By steadily working in +this manner they led us for four miles, partly across country, and partly +on the road, to a populous town, and to the vicinity of a railway station. +Here the trail was completely obliterated, and it was evident that by this +time the murderer had got clear away, probably by train, and was not +hiding in the neighbourhood. + +"The chief constable testified to the excellent work of the hounds on this +occasion, and there is not the slightest doubt, that had this town been +supplied with a bloodhound which could have been put on the trail +immediately on the discovery of the murder, the murderer would have been +quite easily run to earth." + +In Moscow a bloodhound is systematically used by the police to discover +stolen property, and some of his "finds" have been recorded in all the +European papers. In the early part of March of last year this police dog, +"Tref," recovered a number of bank-notes and a quantity of silver plate +that had been taken from the house of a Moscow gentleman. + +"Tref," having been put upon the scent, followed the trail through +several streets until he came to a night-shelter. Here he made for a coat +that belonged to a house-painter, and in the pockets of this were found +the missing notes. He then left the shelter and followed the trail to the +shop of a dealer in old silver, and here the stolen plate was discovered. + +In addition to their occasional use as detectives, dogs are now being +systematically employed as scouts to accompany the police on their rounds +and to aid in the capture of evil-doers. + +The Paris dogs, which are specially trained for the police by Mademoiselle +Arlette Clary, are cross-bred hounds described as "wolf-shepherd hounds," +and "brindled mastiff bulls." They are powerful beasts weighing upwards of +twelve stone, and can easily overthrow and master a man. + +When attacking, they at once make for the right arm, so as to guard +against a pistol bullet, and they are also trained to refuse food except +from the hands of those they know, so as to safeguard them against +poisoning. As a proof of their efficiency, Mademoiselle Clary informed the +writer that one of her police dogs had captured nine apaches in one night. + +Last year a demonstration was given in London before the most eminent +representatives of the Metropolitan police force, the apache being +represented by a man thickly padded to protect him from the teeth of the +dogs. When the man attempted to escape over a screen representing a wall +the great hound, "Max," promptly caught him and dragged him down again, as +is shown in the accompanying photograph which is here reproduced by +permission of Mdlle. Clary and the _Daily Mirror_. The dog also easily +cleared this wall, which was 8 ft. 10 in. high, in one bound, and captured +a "padded apache" as he climbed down on the other side. + +[Illustration: FRENCH POLICE DOG + +_By kind permission of Mdlle. Clary and "The Daily Mirror"_] + +Police dogs trained on these lines have for some time past been used to +assist the police in Glasgow, and within the last few months Nottingham +has strengthened its police force by the addition of dogs. + +The dogs used in this country are powerful cross-bred animals of the +Airedale terrier type, specially reared and trained by Major Richardson. +The first dog used for the purpose in this country was given to the +Berkshire Constabulary, and its duties are to accompany a policeman on his +rounds at Windsor, to protect him from attack, and, if necessary, to +capture escaping criminals. + +From two to three months are required to train the dogs for this purpose. + +In what may be described as circumstantial detection a very faint clue has +sometimes resulted in the discovery of a criminal. One of the most +striking examples of the kind was seen in 1864, when a gentleman named +Briggs was murdered on the North London railway, for the sake of his watch +and money. + +The murderer succeeded in escaping without having been noticed by anyone, +and the crime would probably have made another in the long list of +unsolved mysteries, but for several slips that were made by him. + +He had changed hats with his victim and his soft felt hat, which was found +upon Mr. Briggs, was one of the chief factors in his subsequent +identification. + +Hats of this particular shape, by the way, were for many years afterwards +popularly known as "Müllers." + +The watch and chain of the murdered man were soon traced to the shop of a +London jeweller, who stated that he had given another watch and chain in +exchange for them. He remembered the man and was able to give a +description of his appearance, although he had no knowledge of his name or +whereabouts. + +At this point all further signs of the trail were lost, for all efforts to +discover the jeweller's customer proved fruitless. + +Some time afterwards, however, a man called at Scotland Yard with a +jeweller's small cardboard box, which, he said, a man who had recently +been lodging at his house had given to his little girl. On this box was +stamped the jeweller's name, which, ominously enough, was "Death," and +this man was the very jeweller to whom Mr. Briggs' watch had been taken. + +Thanks to this clue Müller was tracked first to Liverpool and then to New +York, where he was arrested and extradited. + +At the trial the changed hat found upon the victim helped to prove his +identity with the murderer, and he was convicted and hanged at Newgate. + +No more extraordinary instance of a single circumstance leading to the +detection of a criminal can be offered than in what was known as the +"Yarmouth Murder." + +On September 23rd, 1900, a woman was found lying dead upon the beach at +Yarmouth, and from the appearance of the body she had evidently been +strangled. On her fingers were some rings, but with the exception of the +laundry mark upon her clothes, there was no clue by which she could +possibly be identified. She had been staying for some days in lodgings in +the town, and was known to her landlady as Mrs. Hood. While she was there +letters bearing a Woolwich postmark had come addressed to her by that +name. Only a day or two before her death she had had her photograph taken +upon the beach. + +All investigation to discover who the woman really was or to trace her +murderer proved unavailing, and at the coroner's inquest a verdict was +brought in of wilful murder against some person unknown. + +Subsequently it was discovered that the laundry mark upon the dead woman's +clothes, 599, was that put by a laundry upon the clothes sent to them from +a particular house in Bexley Heath. Further inquiry showed that a woman +named Bennett had formerly lived there, and she was identified as the +original of the photograph that had been taken at Yarmouth. + +This led, early in November, to the arrest of the dead woman's husband, +Bennett, who was a workman in Woolwich Arsenal, and he was committed for +trial on the charge of murder. He denied all knowledge of the crime, and +asserted that he had never been to Yarmouth. This was disproved, however, +by collateral evidence, and many facts were brought forward connecting the +prisoner with the murder. + +The motive alleged for the crime was that Bennett might be free to marry +another woman. The date of the wedding had been fixed, and it was shown +that his behaviour after the night of the murder pointed to his having a +knowledge of his wife's death. So convincing was the whole of the +circumstantial evidence, that after a short deliberation the jury brought +in a verdict of "Guilty," and Bennett was executed. + + + + +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. + + +The untrustworthiness of the eye-witness as to detail was recently +demonstrated by Professor McKeever at the Kansas State College in the +following manner.[2] He asked twenty-five students at the college to +witness a short drama, and immediately afterwards to write a detailed +description of the characters and incidents. + + [2] _Daily Mirror_ report. + +This little drama, which was supposed to take place in one of the +class-rooms, ran as follows:-- + + Jones, a tall man, wearing a hat and a black mask over his eyes, nose + and mouth, and dressed in a grey rain-coat rushed in carrying a salt + bag half full of nails in his left hand and a small wrench in his + right hand. Across his left cheek was a streak of red paint. + + When just inside the door he turned and pointing the wrench at some + pursuers, shouted "Stand back, or I'll shoot." He then ran across the + room, fell on his knees, and dropped the bag, saying, "There it is, + take it"; after which he got up and rushed from the room. + + Smith dashed into the room after Jones, crying "Give it up, you + scoundrel," and picked up the bag which Jones had dropped. White, + short and stout, dressed in a blue serge coat and cap, and carrying a + revolver with its cylinder removed, came in last. He called out to + Smith, "Take it from Eddie, he won't hurt you!" He then went out after + Jones but before Smith. + + The professor pretending to be alarmed jumped up from his chair and + exclaimed, "Men, what are you up to here?" + + These were the actual facts, and the manner in which the accounts of + the twenty-five witnesses disagreed may be shown by a few examples of + the different particulars described:-- + + Jones' appearance: (1) Black coat, light mask. (2) Red mask, cheeks + painted red. (3) Black coat, mouth painted red. (4) Carried pistol. + (5) Cheeks more than natural redness; club in his hand; dark suit. (6) + Dark suit. (7) Black clothes. (8) Red mask on; black clothes. (9) + Hatless. + + Smith's appearance: (1) Wore a grey suit. (2) Six-footer. (3) Dark + grey suit. (4) Bareheaded. (5) Blue suit. + + White's appearance: (1) Dark suit and raincoat. (2) Bareheaded. (3) + Hardly noticed him (nearly everyone said this). + + Smith's conduct: (1) Carried pistol and snapped it several times. (2) + Came in last; went out second; said "Get out of here." (3) Carried + pistol, snapped it several times, and cried "Stop or I'll shoot," + aiming at Jones. (4) Dropped umbrella on floor. (5) Came in last, + stayed behind; yelled "Catch that man!" + + Professor's conduct: (1) Said: "What's all this?" (2) Said: "What does + all this mean?" (3) Said: "Here." (4) Said: "Hullo, what's going on + here"? (5) Said: "Who are these men?" + +These discrepancies illustrate how difficult it is for the eye and ear to +record accurately the impressions received in a rapid succession of +events, one of which may focus the attention to such an extent that events +simultaneously occurring are only imperfectly or partially observed. + +The fallibility of identification by eye-witnesses was strikingly +demonstrated at the trial of Benjamin Bates and John Green at the Old +Bailey in 1776, on the charge of burglary. + +The house of James Penleage had been broken into, and plate to the value +of four or five hundred pounds had been stolen. + +Mrs. Penleage swore that four men had entered her bedroom, one of whom +carried a dark lantern; that two of these men came, one on each side of +the bed, and held pistols to her head, and that of these men of whom she +had a perfect view, she recognised one as Green and the other as Bates. + +Her husband testified as to the house having been entered, and as to his +loss, but stated that as he was near-sighted he would not swear to the +men, though he believed Bates had presented a pistol to his head. + +Evidence was also given by a servant and by another woman, and +notwithstanding the good character given to the prisoners by a number of +witnesses, the jury brought in a verdict of "Guilty." + +The newspapers of the day called attention to the inconclusive evidence +of identification, and as a result the prisoners were respited from month +to month. + +At last another man, who was executed in the country, confessed that he +had also been the author of this burglary at the house of Penleage, and +that the two men who had been convicted had had nothing to do with it. In +consequence of this Bates and Green received a free pardon, but not until +they had been in prison for many months. + +A contemporary comment upon this trial richly warrants quotation:--"On +this occasion Britons have cause to triumph in the LIBERTY OF THE PRESS. +If newspapers had not been printed in this country, the lives of two +honest men would have been sacrificed to the rigour of the laws, yet no +party concerned have been the least to blame. The ways of Providence are +mysterious; casual circumstances frequently produce great effects; and a +life may be saved or lost by an accident apparently beneath the notice of +a common observer." + +Another very curious instance of mistaken identity was that brought out in +a trial for robbery in 1784. A barrister had been attacked and robbed in +broad daylight, and he positively swore that he had recognised two men +named Wood and Brown as his assailants. Fortunately for them the prisoners +were able to prove an alibi, which showed beyond all doubt that they were +far from the spot at the time, and they were accordingly acquitted. +Subsequently the real robbers were discovered and found in possession of +the missing property. In this case there was a man of trained +observation, being absolutely certain of the identity of two men, who had +never been near the place. + +The case of the Perreaus, related in a subsequent page, was another +example of the kind. The two brothers, who were twins, were so exactly +alike that a money scrivener who had drawn up bonds by order of one or the +other of them hesitated to fix upon either. At last, when pressed to make +a positive declaration, he fixed upon Daniel as the brother who had come +to him in connection with the forged bond. + +In 1797 a mistake as to identity resulted in the death of two men. Martin +Church, a bookseller, and James Mackley, a printer, were tried that year +at the Old Bailey on the charge of murdering Sydney Fryer, at the back of +Islington workhouse. Miss Anne Fryer, who was with her cousin at the time +he was attacked, swore positively that the two prisoners were the +assailants. + +Some years later Burton Wood, who was executed at Kennington Common, and +Timmins, who was hanged at Reading, confessed separately that they had +done the deed for which the other men had suffered. + +In modern times the case of Adolph Beck, who was twice wrongfully +convicted through his unfortunate resemblance to another man is notorious, +and has been the subject of a special report. + +The most recent and strangest instances of wrong identification arose out +of the mysterious crime which became known as the "Gorse Hall" murder. + +In November, 1909, Mr. Storrs, a wealthy mill-owner, who lived at Gorse +Hall, in a lonely district in Cheshire, was attacked by a man who had +forced his way into the house. A desperate struggle followed, in the +course of which Mr. Storrs was repeatedly stabbed with a knife and fatally +wounded. His assailant also attempted to shoot him with a revolver, but +this was snatched from him by Mrs. Storrs. + +A relation of Mr. Storrs, named Howard, who was an ex-soldier, was +arrested and charged with the murder. At the trial that took place at the +Chester Assizes in March, 1910, he was positively identified by the widow +of the murdered man, who swore that she recognised him by "the look in his +eyes." He was also identified by some of the servants at the Hall as the +assailant of Mr. Storrs. + +Fortunately Howard was able to prove conclusively that he was somewhere +else at the time of the murder. + +Some time later, another ex-soldier named Mark Wilde was arrested upon the +same charge, and once more evidence of identification was given by the +same witnesses as in the previous trial, though they were now less +positive in their assertions. + +The two men, Howard and Wilde, bore a singular resemblance to each other, +and evidence was given that at the time of the murder Wilde was dressed in +dark clothes, dark cap and muffler, which was the description of the +clothes of Mr. Storrs' assailant given by witnesses at the first trial. + +Stains upon the prisoner's clothing were identified as human blood by the +serum test. The revolver which Mrs. Storrs had snatched from the murderer +was also identified as having belonged to Wilde, for it was recognised by +two ex-soldiers who had, they alleged, frequently seen it in his hands, +by its broken spring and marks upon its barrel. + +For the defence, however, witnesses were called to prove that the revolver +taken from the murderer was not identical with that of Wilde, and that the +blood upon his clothes was the result of a fight he had had upon the night +of the crime. + +No motive could be alleged, and the jury distrusting the evidence of +identification, found the prisoner "Not guilty." + +The murder was thus unique in the fact that two innocent men were in +succession identified as the assailant and acquitted. + +With regard to the amount of light needed for the recognition of a person, +curious scientific evidence has been given in trials, and several cases +are on record where witnesses have claimed to identify a person by a +momentary flash. A notable instance of this kind was seen at the trial of +Joseph Brook for burglary at the York Assizes in 1813. + +The prisoner, it was alleged, had broken into the house of a farmer named +Strickland at Kirk Heaton. + +Anne Armitage, a niece of the farmer, deposed that he had struck upon the +stone floor with something she took for a sword to intimidate her, that it +produced a flash, and gave a light by which she could see his face. She +swore that she had seen enough by the momentary flash to recognise him +again. She had also heard his voice, and knew it again when she heard it +later, and thought she could undertake to say that it was the voice of the +accused man. + +The prisoner set up an alibi, and the jury, although as they stated +subsequently, not believing in this alibi, returned a verdict of "Not +guilty." + +The question of the possibility of a person firing a gun or pistol being +identified by the light of the flash was submitted to a committee of +scientific men in Paris, in 1809, and their conclusion was that such +identification was not possible. + +On the other hand, the evidence in a case that was tried shortly +afterwards in France indicated that under favourable conditions the face +of the person who had fired a gun might be recognised. A man had fired at +another at night, and a woman who was near at the time, swore at the trial +that the flash had plainly shown her the face of the assailant. Similar +evidence was also given by the man who had been wounded. + +Experiments to determine this point were made by Desgranges, at Lyons, and +from the results of these he concluded that there was a possibility of +such identification at a short distance from the flash of the gun, +provided that the night was very dark and that there was no other source +of light to interfere with the gun-flash; but that if the flash was very +pronounced, or much smoke was produced it was not possible to recognise +the person firing the gun. + +Juries have always been reluctant to convict a prisoner upon evidence of +this kind. For instance, at the trial of a man named White at Croydon in +1839, the prisoner was accused of firing at a gentleman while he was +driving home in an open trap, and his intended victim, who was shot in the +elbow, swore positively that the flash of the gun showed so clearly the +features of his assailant that he was absolutely certain that he was the +prisoner. The defendant denied the charge and, notwithstanding the +positive statement of the principal witness, was acquitted. + +There are other instances, however, where convictions have resulted from +such momentary glimpses. Thus, at the trial of some highwaymen in 1799, +which is quoted by Paris and Fonblanque (1823), it was stated by a Bow +Street officer that he, together with some of his companions, had been +fired at by the prisoners upon a dark night, upon Hounslow Heath. He swore +that the flash of the pistol enabled him to see that one of the +assailants, a man named Haines, who had come up to the side of the coach, +was riding upon a dark brown horse which had certain peculiarities about +its head and shoulders, and that the rider was wearing a rough brown coat. +Afterwards, said the witness, he had seen the same horse in a stable in +Long Acre, in London, and had recognised it as the one upon which the man +was riding by its curious square head and thick shoulders. The jury +believed the evidence of this witness, and the prisoner was convicted. + +A case within the experience of a former Recorder of Birmingham (Hill) is +mentioned in Wills' _Circumstantial Evidence_. A man was committed for +trial at the Assizes at Derby, in 1840, on the charge of shooting at a +young woman. + +She was prepared to swear that she had recognised him by the momentary +flash of the gun. + +Experiments were made to determine to what extent reliance could be placed +upon such identification, and the conclusion drawn from these was that +"all stories of recognition from the flash of a gun or pistol must be +founded on a fallacy." + +In addition to these, several instances, collected from different sources, +are referred to in Taylor's _Medical Jurisprudence_, where the general +conclusion is drawn that occasionally it may be possible to identify an +assailant in this way. + +From the same source comes the amusing story of a man who swore that he +recognised an assailant who attacked him in the dark, by the flash +produced by a blow upon his eye! The absurdity of the claim is +self-evident, for the "flashes" due to a blow do not emit light, and can +therefore never cause any external object to be visible. + +A curious factor influencing the value of evidence of personal +identification is the readiness with which credulous humanity will accept +any story however improbable. But for this the notorious Tichborne case, +which dragged on for years, would have been settled in a few days. It is +difficult now, recalling the facts, to understand how anyone could have +believed in the identity of the butcher, Arthur Orton, with the missing +heir to the estates, Roger Tichborne. The latter was of a slim build, +while the claimant was a couple of inches taller and weighed twenty-five +stones. The real Roger had had the education of a gentleman, while the +claimant could neither write nor speak correctly. + +Yet, notwithstanding the enormous dissimilarity in appearance and manners +of the two men, the mother of Roger Tichborne recognised Orton as the son +whom she and everyone else had believed to have been drowned when the +ship was wrecked. When he came to England to see her he had thought it +prudent to feign illness. Lady Tichborne, therefore, went to see him, and +he got on the bed, and turned his face to the wall. His adopted mother, +however, recognised him by his "ears so like his uncle's." + +This must have been an instance of self-deception, for there was evidence +that the lobes of the ears of the two men were absolutely different. + +It was this recognition, however, that encouraged Orton to persevere with +his claim to the estates, and assisted in aiding the recollection of other +people, who swore that he was Roger. + + + + +CHAPTER IV + +SYSTEMS OF IDENTIFICATION + + Photography--Anthropometry--Finger-prints and their Uses. + + +The discovery of photography was welcomed by the police authorities of +civilised countries as affording a certain means of registering criminals +for subsequent identification. But the promise that the photographic +method held out was not fulfilled; for with the accumulation of +photographs there was a corresponding increase in the difficulties and +uncertainties attending the identification of the originals. + +Apart from difficulties due to the effects of the changes produced by time +or by intentional disguise, it was no light task to search through many +thousands of prints to see whether a particular individual had been +photographed ten years previously, and physical weariness of the searchers +must frequently have set an obstacle in the way of the identification. + +On the other hand, it is a matter of common knowledge, that two +photographs of the same person, taken under different conditions of +lighting or with different lenses may readily be thought to be the +portraits of two distinct individuals, or that a photograph of one person +may unduly emphasise a momentary expression differing from the normal one, +with the result that the portrait may be mistaken for a likeness of +someone else. These considerations fully explain the numerous instances of +mistaken identification, some of which are cited below, where the police +based their recognition upon old photographs. + +Prior to the introduction of the anthropometric and finger-print systems, +the insufficiency of the photographic records kept by the police in this +country for the identification of criminals was repeatedly proved. The +advisability of introducing the French anthropometric system into England +was raised in Parliament on several occasions in 1887 and 1888, but each +time the Home Secretary defended the system of photographic registration +as being sufficiently satisfactory, while he considered it doubtful +whether the French system would be any better. + +A sufficient answer to this official defence was afforded by the number of +cases of mistaken recognition from photographs, that shortly afterwards +were brought before both Houses of Parliament. + +In 1888, the Lord Chief Justice (Coleridge) mentioned an instance that had +come under his notice at the Gloucester Assizes. After a man had been +convicted of some small offence police evidence was given that the +prisoner was a man who had been convicted before. This was subsequently +proved to be a mistake. + +Again, in July, 1889, after the conviction of a prisoner, evidence was +given by a warder that the man was one who had been sentenced to seven +years' penal servitude and seven years' police supervision. + +It was found afterwards, however, that this man had been previously +convicted in 1882 and therefore could not possibly have been the person +alleged. The remarkable feature about this mistake was that both men had +been under the police control at the same time. + +The failure to identify a criminal from the photographic records had a +tragic result in 1888, when a man named Jackson was given a light sentence +as a first offender. Although he had been previously convicted of numerous +crimes, and was at the time "wanted" by the police for housebreaking and +other offences he escaped recognition, and was able to take advantage of +the lenient treatment he received by murdering a warder in the prison at +Manchester. + +In 1894 a Special Committee was appointed to examine and report upon the +different systems of identifying criminals, and they recommended that the +anthropometric system was the most satisfactory for preliminary +classification, but that for further grouping the finger-print method gave +the best results. Accordingly a system including both methods was adopted +in this country and was in use until 1901, when, as is mentioned below, +the present system of finger-print identification was introduced. + +The success of M. Bertillon's system in France speedily led to its +adoption in other countries. Early in 1892 it was introduced into India, +and within six years upwards of a quarter of a million of classified cards +had been collected. + +The chief difficulty was found to be in the classification of the +measurements for reference, and a committee was accordingly appointed by +the Indian Government to report upon the system. Their report stated that +the finger-print method was preferable to the anthropometric system in +simplicity, rapidity and certainty. + +Since that time (June, 1897) the finger-print method has been in use in +India for the identification of criminals. + +The system of identification by bodily measurements, which has now come to +be known as _bertillonage_, was first introduced as a method of police +registration in Paris in 1882. During the first year of its employment it +detected forty-nine criminals giving false names, while in the following +year the number rose to 241. + +In 1889 M. Bertillon stated that there had not been a single case of +mistaken identity since the system had been introduced, and that in the +previous year 31,849 prisoners had been measured in Paris, 615 of whom +were in this way recognised as former convicts, while fourteen were +subsequently recognised in prison. Of the latter, ten had never previously +been examined, so that the failures were only four in 32,000, or one in +8,000. + +The system, as described by M. Bertillon himself in a pamphlet on _The +Identification of the Criminal Classes_, consists in taking the +measurements of the body structure of each individual. Although such +measurements might be indefinitely extended, the number is usually +restricted to twelve, including the height, length and width of the head, +length of the middle finger, of the foot, etc. + +These measurements are rapidly taken with standard instruments by a +special staff, and are recorded upon a card upon which are pasted full +face and profile photographs of the prisoner. + +The data obtained enable the photographs to be classified into different +groups of short, medium, and tall men, and these, again, may be +subdivided into groups of short, medium, and long heads, while further +subdivisions are afforded by the width of the head, width of the arms +outstretched at an angle of the body and so on. The colour of the eyes +affords the means for a further subdivision, while special birthmarks or +peculiarities differentiate the individuals still further. + +In this way alone, M. Bertillon claims that 100,000 persons can be +classified into groups of ten each, the portraits in which would offer no +difficulty in examination. + +M. Bertillon undoubtedly puts the position too favourably here, in +assuming division into equal groups; for out of his hypothetical 100,000 +individuals, seventy-five per cent. might conceivably be tall men, and +seventy-five per cent. of these, again have long heads, so that the final +groups would in some cases have no representatives, while in the other +groups there might be 1,000 individuals. + +In recording the colour of the eyes a special table is used, the scale of +which is based upon the intensity of the pigment of the iris. A number +corresponding to one of the following groups is then assigned:--(1) Iris, +azure blue, with areola pale but free from yellow pigment; (2) Iris blue +or slate, with light yellow areola; (3) Same shade, with larger areola +approaching orange; (4) Iris, greenish reflection; hazel areola; (5) Same +shade with dark hazel areola; (6) Hazel distributed over surface of iris; +(7) Eye entirely hazel. + +When first the system was introduced into Paris it was a common practice +for the old offenders to change their names and try to escape +identification, but, according to M. Bertillon, after a few years this was +only done by those who had been away from Paris for a long period, or had +some very special reason for attempting to slip through the examination +unrecognised. + +A similar method is employed in the United States Army for recognising +deserters. Each man on joining is measured, and an outline figure card +showing the measurements of the front and back surfaces, which are divided +into areas by means of dotted lines, is filed in the Medical Department of +the War Office. When a man deserts or is dismissed his card is placed in a +separate file, and the new cards of recruits are compared with those in +this particular file. + +A special register, ruled into columns corresponding to the areas on the +cards, and giving the measurements and any peculiarities such as scars, +tattoo marks, etc., is used to facilitate the search, and when, on +reference to this, there appears to be a probability of a recruit being +identical with a deserter, the original card is used for the comparison. + +During the first five months after the system was instituted (1891) +sixty-two men were suspected of concealing their identity, and in +sixty-one of these cases the suspicion was justified and the identity +acknowledged. + +A drawback of the Bertillon system of identification is that much depends +upon the accuracy of the person who takes the measurements, and that, +therefore, a permissible error must be admitted. In the United States +Army an error of one inch in either direction is allowed, for the recorded +height. In addition to this, some degree of natural variation will take +place in the course of years, and due allowance must also be made for this +influence upon the measurements. + +Striking as has been the success of M. Bertillon's system of +anthropometrical measurements as a means of identification, it has been +altogether surpassed in certainty by the methods of recording the +impressions of the fingers. From time to time in the past use has been +made of a finger or thumb impression as a seal or to give a personal mark +of authenticity to a document. One of the earliest examples extant of the +use of the manual seal is to be seen on one of the Assyrian clay tablets +in the British Museum. + +This is imprinted in cuneiform characters, and contains a notice of the +sale of a field, which concludes with the imprint of a finger nail, and +the statement that this had been made by the seller of the field as his +nail mark. + +Similar imprints of nails are to be seen upon Chinese coins, as has been +pointed out by Sir Francis Galton, and a tradition has it that they were +first put there as a compliment to an early Chinese Empress who had +accidentally pressed her finger nail into the wax model of a coin that had +been submitted for her approval. The ancient Egyptians caused criminals to +seal their confessions with finger nails. + +There are also numerous instances in which impressions of finger-tips are +found upon documents, but these do not seem to have been put there with +any idea of identification, but rather to have been of the nature of a +ceremonial observance comparable with the legal survival of putting a +finger upon the seal of a document, and delivering it as "my act and +deed." + +The first attempt by Europeans to make use of the characteristic ridges of +the fingers to record the identity of individuals appears to have been +that of Sir William Herschel, who introduced a method officially into +Bengal. + +His system arose out of the difficulty of checking forgeries by the +natives in India, and his having made two of them record their finger +impressions upon contracts, so that he might be able to frighten them +should they subsequently deny their signatures. + +This was in 1858, and the device proved so unexpectedly successful that +for several years Sir William Herschel made a study of the use of +finger-prints in identification, and finally found them so satisfactory +that, in 1877, he gave instructions for their systematic use in the +Hooghly. + +A description of the advantages that were thereby reaped is given in +_Nature_ (1880, Vol. XXIII, 23). The frequent attempts previously made by +the natives to deny their own signatures were completely frustrated, and +documents thus stamped with a finger-print could not afterwards be +disputed. + +The use of finger-prints was also invaluable as a means of preventing the +fraudulent claims of pensions by persons who were not entitled to them. + +Then as the system was found to work so well in these cases it was +introduced into the prisons, each new-comer being made to sign the +register with the finger. The official visitors had thus the means of +satisfying themselves as to the identity of each inmate of the prison. + +Although Sir William Herschel tried to obtain permission to extend the use +of the finger-print identification still further, his attempts did not +meet with success. + +About the same time that Sir William Herschel published the account of his +system a suggestion was made to register the Chinese in California by a +similar process, but nothing was done in the matter. + +There have also been occasional applications of the method to prevent +forgery, as, for instance, in 1882 in the payment orders signed by Mr. +Thomson of the American Geological Survey, upon which, as a safeguard, he +made the imprint of his own finger. + +It is to Sir William Herschel, however, that the credit is due of having +established the first modern systematic process of registration of +individuals by means of finger impressions. + +According to Dr. Faulds, the Chinese from time immemorial have caused +their convicted criminals to make impressions of their finger-tips as a +record, but he gives no details of their system of classifying the prints, +if such exists. + +The curious markings upon which are based these systems of identification +are not confined to the human race, but are also shown by monkeys and to a +less pronounced extent by other animals. + +The pattern upon the surface of the skin upon the palms of the hand and +soles of the feet is formed by the arrangement of what is known as the +papillary ridges. It is readily recorded by carefully coating the +finger-tips with a fine layer of printing or ordinary ink and pressing +them upon paper so as to leave an imprint of the markings upon the finger. + +The uses of these ridges is to assist the delicacy of touch, and also to +excrete perspiration through the minute pores with which they are covered. + +The effect of rough work upon the ridges is to increase their height, and +eventually they may become covered up by the horny accretions known as +callosities. On the other hand, the ridges upon the palms of people who do +very little manual labour are much less apparent, and when the skin is +thin are very low. Hence, in the hands of bedridden invalids there is only +a slight development of the ridges. + +Several circumstances may lead to a temporary obliteration of the ridges, +such as, for instance, the constant puncturing of the skin by the head of +a needle in sewing, and the imprint of the forefinger of a tailor will +therefore often present a very characteristic mottled appearance. + +More permanent alterations are produced by cuts or by wounds that have +healed and left a white scar. An instance of this is seen in D in the +plate (p. 66), which represents a print of the left-hand thumb of the +present writer. Running across the ridges, and breaking their continuity +is a line which marks the place where twenty years ago the slip of a knife +nearly severed a piece from the thumb. The effect of this cut has been to +add a fresh feature of identity to those furnished by the original ridges, +without interfering with the identification of the latter. + +In the case of jagged cuts or of scars formed in the healing of an ulcer +the ridges may be so distorted as to be practically indistinguishable in +that place, or they may even be entirely obliterated. Old age has also an +obliterating effect upon the ridges, so much so that the finger-prints of +an old man frequently exhibit transverse white markings, indicating signs +of the surface disintegration of the skin. + +A most important point in the application of finger-prints to the +identification of the individual is the persistence of the main details +throughout life, since otherwise much of the value of the method would be +lost. The observations made by Sir William Herschel in India showed that +after the lapse of twenty years there was so little change in the +finger-prints of a large number of persons that they could still readily +be identified in this way. + +Sir Francis Galton has also proved the persistence of the general +peculiarities in the prints for periods of over thirty years. He points +out that an exact correspondence as to the minutiæ is not always to be +expected, since what appears to be a ridge in one print may be really the +result of imperfect printing of an enclosure. Apart from possible +imperfections in the method, there is also a possibility of variation due +to the effect of age rendering the ridges less continuous. + +In one of the examples given by him finger-prints were taken of a child of +two and a half in 1877, and again thirteen years later. Between two of the +prints there were forty-two points of resemblance and only one point of +difference. This was a small forked ridge which appeared in the print of +the baby, but had been filled up in the print from the boy. This instance +is mentioned as unique, for in every other case examined by Sir Francis +Galton, comparing prints of the boy with the man, and the man with the old +man there was perfect correspondence between the selected points. He +therefore concludes that "we are justified in inferring that between birth +and death there is absolutely no change in, say, 699 out of 700 of the +numerous characteristics in the markings of the same person such as can be +impressed by them whenever it is desirable to do so." + +An interesting series of photographs was recently exhibited by the Chief +Commissioner of the Police. These included the portraits of three men who +so closely resembled one another that they would readily have been +mistaken for one another in photographs. Their finger-prints, however, +were quite distinct. + +So persistent are these distinctive markings that they last as long as the +skin itself, and may be clearly seen upon the fingers of Egyptian mummies. + +However much the general dimensions of the pattern of the prints may be +changed by the advance of age or the effect of disease, the number of the +pattern will still remain. To use the apt illustration of Sir Francis +Galton, the changes to be expected are comparable with those seen in a +piece of lace. The material may be stretched in one or the other direction +or shrunken to half its former dimensions, but the individual loops and +knots may be identified with those in the original fabric. + +As is the case with all the other measurements of the human body +alterations will occur in the size of the markings; for the pattern as a +whole increases with the growth of the finger, but this growth does not +affect the arrangement of the loops and ridges that make up the markings +upon the skin. + +In no other way than a study of the finger-prints is it possible to find +over a thousand points of comparison upon which to establish the identity +of an individual. + +In estimating the value of finger-prints as evidence of identity, Sir +Francis Galton found that out of 1,000 thumb-prints the collection could +be classified into 100 groups each containing prints with a more or less +close resemblance to one another. He further found that on the average it +was impossible to put great reliance upon the general resemblance between +two given prints as a proof that they were produced by the same finger, +though obvious difference was a proof that they were produced by different +fingers. + +But on studying the minutiæ of the patterns, and calculating the chances +that the print of a single finger should agree in all particulars with the +print of another finger, he concluded that it was as one is to about +sixty-four millions; so that the chance of two persons giving similar +prints from a single finger would be less than one in four. If the +comparisons were extended to two fingers the improbability of agreement in +all details would be squared, "reaching a figure altogether beyond the +range of imagination." + +The general conclusion drawn from these numerical results was that even +after making all allowance for ambiguities and for possible alterations +caused by accident or disease, a complete, or nearly complete, agreement +between two prints of one finger and infinitely more so between two or +more fingers, afforded evidence, which did not stand in need of +corroboration, that the prints were derived from the fingers of one and +the same person. + +In finger-prints, therefore, we have the only means of proving the +identity of an individual beyond all question. + +In the prehistoric flint-holes at Brandon, in Suffolk, there was found +some years ago a pick made from the horn of an extinct elk. This had been +used by some flint-digger of the stone age to hew out of the chalk the +rough flints which were subsequently made into scrapers and arrow-heads. +Upon the dark handle of this instrument were the finger-prints in chalk of +the workman, who, thousands of years ago, flung it down for the last time. + +It is strange to reflect that in these perishable impressions he had left +a far more permanent record of his identity than he could have done by any +other conceivable means. + +A striking feature in the scriptural account of the death of Jezebel is +that her body was devoured by the dogs, which left nothing but the skull +and the palms of her hands and soles of her feet, so that no man might say +"this is Jezebel." Yet, as Sir Francis Galton pointed out, it was upon +those parts that the dogs had spared that Jezebel carried the only certain +proofs of her identity. + +The question of heredity in finger-prints is not only interesting but +might also conceivably be a point of some importance in a criminal trial. + +Dr. Faulds concluded that heredity played a great part in the particular +form of the markings. "The dominancy of heredity in these patterns is +sometimes very striking. I have found unique patterns in a parent repeated +with marvellous accuracy in his child." + +He suggested that there might thus possibly be an Orton type of pattern +and a Tichborne type, to one or other of which experts might have referred +the finger impressions of the claimant in the celebrated case. + +While there is unquestionably a general tendency for a particular type of +finger-prints to be inherited just as any other bodily peculiarities are +liable to be passed on from the parents to the children, there is by no +means that definite relationship that Dr. Faulds hoped to establish. + +The observations made by Sir Francis Galton upon this point, and the +mathematical considerations based upon them render it impossible to doubt +that the average resemblance between the finger-prints of two brothers or +of a brother and sister is greater than in those of two persons selected +at random. + +The general similarities in the finger-prints in rows A and B in the plate +(p. 66), which are those of two sisters, are obvious. + +The case of twins is particularly interesting, for it is well known that +when of the same sex they frequently show remarkable physical and mental +resemblances or the reverse. Here, too, it was found by Sir Francis +Galton that the finger-prints exhibited a strong tendency to similarity, +although in no case were the resemblances so close that the prints of one +twin could be mistaken for those of the other. + +For instance, the resemblance may lie in the pattern being made up of +loops or whorls in both, but the smaller details, such as the number of +the ridges or their minute peculiarities (_e.g._, dividing and then +reuniting to form a small island), will not be shared. + +The results of other observations tended to show that the influence of the +mother upon the type of finger-print is more pronounced than that of the +father. + +The existence of racial peculiarities in finger-prints, which Dr. Faulds +believed that he had discovered in the case of the Japanese, has not been +borne out by the experience of others. + +The observations of Sir Francis Galton upon numbers of prints +representative of pure English, pure Welsh, Hebrew and Negro proved +unquestionably that there was no pattern peculiar to any of these races. + +The only suggestion of any difference was that the width of the ridges +appeared to be more uniform and their direction more parallel in the +finger-prints of negroes than in those of the other races. + +The same conclusions were drawn from the observations upon the +finger-prints of different classes of individuals, those of art students +being compared with those of science students, of field labourers, and of +idiots. In each instance it was possible to match the type of patterns in +one class with those in any of the others. The patterns of the +finger-impression of a statesman, for instance, could be matched by those +of an idiot. + +The first attempt to classify the various patterns formed by the ridges +was that of Purkenje, a doctor of medicine who, in 1823, delivered a +thesis upon the subject at the University of Breslau. + +He concluded that all the varieties of curves might be grouped under nine +main heads or standard types, which he described as follows:-- + +(1) _Transverse curves._ (2) _Central longitudinal stria._ (3) _Oblique +stria._ (4) _Oblique sinus._ (5) _Almond._ (6) _Spiral._ (7) _Ellipse or +elliptical whorl._ (8) _Circle_ or _circular whorl_; and (9) _Double +whorl_. + +The differences between these different types are best shown by diagrams, +and the accompanying figure, reproduced by permission of Sir Francis +Galton, represents the cores of the nine standard patterns. + +This classification, resting as it does upon merely superficial +appearances, does not afford a certain means of separating the types, +since factors, such as the depth of printing, the size of the patterns, +and the prominence of secondary details may have an undue influence in the +placing of a particular print in one or the other group. + +After numerous futile attempts to make use of Purkenje's system, Sir +Francis Galton discarded it in favour of a system in which the triangular +space or spaces found in the majority of finger impressions was made the +basis of classification. Starting upon the two divergent ridges from these +spaces an outline was then drawn as far as it could be traced, the course +of each ridge being followed with minute fidelity. In this way a series +of sharply-defined outline figures were obtained. + +[Illustration: THE STANDARD PATTERNS OF PURKENJE] + +[Illustration: CORES OF THE ABOVE PATTERNS + + 1. Transverse flexures + 2. Central longitudinal stria + 3. Oblique stria + 4. Oblique sinus + 5. Almond + 6. Spiral + 7. Ellipse + 8. Circle + 9. Double Whorl + +_By kind permission of Messrs. Macmillan & Co., Ltd._] + +The various patterns may, as a rule, be classified into the three main +groups of arches, loops and whorls, while some of the transitional forms +may be grouped under more than one of these heads. Other patterns, again, +which are of rare occurrence, are not suitable for inclusion in any of the +three groups. + +A system of indexing based upon this method of classification was also +devised in which letters represented the varieties of patterns. Thus _a, +a, a_ indicate that the outline upon the fore, middle and ring fingers +consists of arches, while _a, w, l_ indicate an arch upon the forefinger, +a whorl upon the middle finger, and a loop upon the ring finger. The +letters _i_ and _o_ are also used, the former indicating a loop with an +inward slope and the latter one with an outer slope upon the forefinger. + +The possible variations in such a classification of the impressions of the +three fingers of the right hand cannot exceed thirty-six, and a thousand +prints may therefore be indexed into one of these thirty-six groups. +Subdivisions of these main groups may then be based upon the +characteristics of the prints of the fingers of the other hand and of the +thumbs, while differences in the cores of the patterns afford a means of +forming smaller divisions of the loop patterns. + +From observations of the 5,000 prints of 500 individuals Sir Francis +Galton found that arches were present in 6·5 per cent.; loops in 67·5 per +cent.; and whorls in 26·0 per cent. Each digit and hand, however, had its +own peculiarities, and the variations in the percentage of arches upon +different digits ranged from 1 to 17; that of the loops from 53 to 90; and +that of the whorls from 13 to 45. + +Loops occurred with most frequency upon the little finger and then upon +the middle finger, while whorls were rarely met with upon these fingers, +but were of common occurrence upon the thumb and ring finger. + +The classification employed by the English police was devised by Sir +Edward Henry and is a modification of that of Sir Francis Galton, from +which it differs in making use of four types instead of three. The +impressions are grouped into arches, loops, whorls, and composites. The +last group includes patterns made up of combinations of the other three, +or those which might be classified either as loops or whorls. There are +also numerous subdivisions of the group into patterns with characteristics +in common such as "central pockets" and "accidentals," and further +differentiation is effected by counting the number of ridges between two +fixed points in the patterns. + +Examples of these four groups are shown in the plate facing p. 66. + +Dr. Faulds, who, while at a hospital in Japan, made an exhaustive study of +the finger impressions of the Japanese, appears to have been the first to +suggest the possibility of tracing a criminal by the imprints of his +fingers upon external objects. + +He mentions two instances where the method had afforded valuable +evidence, and these are worth recording as early examples of the use of +the system in detective work. + +[Illustration: TYPES OF FINGER PRINTS] + +In one case some rectified spirit had been drunk, and the greasy marks of +the fingers upon the bottle plainly showed who was the culprit, for their +pattern was identical with that of an imprint in Dr. Fauld's collection. + +On another occasion someone had been suspected of breaking into a house, +but the sooty imprints of fingers left upon the wall proved beyond all +doubt that this was not the person. + +The finger-print system of identification was adopted by the police in +this country in July, 1901, and the numbers of identifications made since +then by the police at Scotland Yard are very remarkable. Up to the end of +1901 there were 93 identifications, which rose in the succeeding years to +the following numbers: In 1902, 1,722; in 1903, 3,642; in 1904, 5,155; in +1905, 6,186; in 1906, 6,776; in 1907, 7,701; in 1908, 9,440; and in 1909, +9,960. + +There have been some very striking instances of the detection of criminals +by means of their finger-prints, a few of which may be quoted by way of +illustration. + +On March 20, 1908, a man named Chadwick was tried at the Birmingham +Assizes on the charge of housebreaking and stealing at Edgbaston. He had +left finger-prints upon a champagne bottle, and when these were made clear +by the application of powdered blacklead they were found to correspond +exactly with the finger-prints of the prisoner. Inspector Collins, in +giving evidence on this point, stated that there were a million and a +quarter classified finger-prints at Scotland Yard, and that these could +all be distinguished from one another. He pointed out that there were +twelve ridges which were characteristic and identical in the two prints. + +Similar identifications in cases of burglary have been made by means of +the impressions left on a wax candle, on windows, on paper, such as a +cheque, or on the metallic surface of a cash-box, etc. + +On March 11th of last year, a labourer named George Lane was put on trial +at Birmingham on the charge of breaking into the house of a bootmaker and +stealing several articles. He had left a thumb-nail mark upon a glove-box, +and evidence was given as to the identity of this with his own +thumb-print. For the defence it was urged that he was in Nottingham at the +time, and that he could call as a witness "a tall dark man working in a +bar." The judge offered to postpone the trial for the attendance of this +witness, but warned the prisoner that if his statement were found to be +untrue he would be prosecuted for perjury in addition to the present +charge. The prisoner thereupon said he preferred the trial not to be +delayed. He was found guilty, and after evidence of previous convictions +had been given he was sentenced to three years' penal servitude. + +In April of last year an equally convincing proof was offered of the value +of the finger-print system, when it proved the identity of a dead man. The +scattered remains of this man were found upon the railway line near +Slough, and there was no clue whatever as to his identity. Upon the +off-chance of the victim's finger-prints being known at Scotland Yard +impressions from his fingers were taken by the local superintendent of the +police and forwarded to headquarters, where on reference to the index of +finger-prints they were immediately recognised. They were those of a man +twenty-four years of age, who had been living at Deal. + +This was noteworthy as being the first occasion upon which the method has +been used to discover the identity of anyone after death. + +A striking proof of the value of finger-prints in the identification of an +individual by the French police was afforded last year in Paris. + +A man named Lemarque, one of a notorious gang of thieves, known as +Chaffeurs de la Drome, had escaped when three of his companions had been +captured. They were tried at the Assize Court of the Drome Department in +July, 1909, on the charges of murder and robbery and were condemned to +death, while Lemarque was sentenced by default. + +All attempts to discover the missing man proved fruitless, until in March, +1910, a man was arrested for theft at Nîmes. He gave the name of Charles +Garnier, but the police suspecting that the description he gave of himself +was false, took impressions of his finger-prints, and forwarded these, +together with the man's description and photograph, to the +Anthropometrical Department of the Prefecture of Police in Paris. The +finger-prints were immediately recognised by M. Bertillon, and Charles +Garnier was identified as Lemarque, the man who had so long been +"wanted." + + + + +CHAPTER V + +IDENTIFICATION AND HANDWRITING + + Heredity--Emotional Influences--Effects of Disease on Handwriting. + + +The identification of an individual solely by means of his handwriting is +always liable to lead to a miscarriage of justice, for even in the cases +of the closest resemblance between two writings there can be no certainty +on this point. In the following pages I have attempted to point out under +what varying conditions handwriting may show alterations and thus lead to +wrong conclusions. + +In the making of handwriting heredity plays a very important part, just as +it does in the characteristic gait and the little mannerisms which are +peculiar to each individual. In addition to this, the writing may be +modified by the results of training and other external influences. + +It is obviously not possible to determine from which ancestors all the +features in one's handwriting are inherited, just as it is impossible to +trace the origin of certain obviously inherited traits of character. At +the same time, instances in which close resemblances may be noticed +between the handwriting of a man and that of his father and grandfather +will occur to everyone. Thus a particular slope in the direction of the +writing or a mode of looping the letters or of forming certain words may +be passed on from generation to generation. + +[Illustration: HEREDITY IN HANDWRITING] + +A remarkable fact in this connection is that there is frequently a +tendency for a son to inherit certain characteristics in the father's +writing and for the daughters' writing to resemble more closely that of +their mother than that of their father. + +The examples shown in the figure illustrate this tendency. The words were +all written by members of one family, the first two lines being those of +the father and the mother. The third, fifth, eighth and ninth lines were +written by their daughters, and the fourth, sixth and seventh lines by +their sons. + +It will be noticed among other points of resemblance that the bold +characteristic looping of the letter L in the mother's handwriting is +reproduced more or less closely in the writing of all the daughters, while +the sons form the same letter with a small loop, as in the word written by +their father. The angles at which the different words are written also +show the effect of this "parallel heredity," as it might be termed. + +While possessing such points of resemblance obviously inherited from the +parents' handwriting, the writing of each of the children also shows +characteristics of its own that distinguish it from the writings of the +others--characteristics partly inherited from other ancestors and partly +the result of environment. + +So close, however, is the resemblance between the handwriting of the +father and of the eldest son that on more than one occasion one has been +mistaken for the other by other members of the family. + +The normal handwriting of every individual is affected by very many +external influences, the term "normal" being used here to describe writing +that is done when the thoughts of the writer are being concentrated upon +what is being written and without a mental side-glance at the form of the +writing itself. + +In the latter case various psychological influences cause the writing to +vary more or less. For instance, the handwriting of an artist may show +marked variations at different periods, especially in the form of the +capital letters; for the artist usually keeps before his eye the +decorative effect of his letters and words, and is constantly making +experimental changes in his writing. + +In like manner, handwriting is often influenced to a considerable extent +by sub-conscious memories of the writing of other people, especially of +those whom the writer tries to imitate in other respects. In some +individuals this unintentional imitation of other handwriting is so +pronounced that they are unable to answer any letter without its +characters having some effect upon their own writing. + +Conscious imitation is a still more frequent influence upon the form of +writing and some of its effects may become fixed characteristics. + +Instances of this are to be seen in the "good" writing of the +old-fashioned writing-master, whose ideal was the copper-plate engraving +of the visiting card with its thick down-stroke and thin up-stroke and +absolute regularity of letter; in the pointed Italian writing, taught +generally in mid-Victorian ladies' schools; in the Civil Service "hand" +set as a standard for securing marks in examination; and in modern +commercial handwriting now rapidly giving place to the typewriter. + +An instance which illustrates the manner in which a writing-school will +turn out hundreds of pupils all writing in the same manner is shown in the +accompanying figure, for which I am indebted to Mr. W. J. Kinsley, of New +York. The members of a class in the Packhard Business School at New York, +numbering about forty young men and girls ranging from sixteen to twenty +years of age, were all told to write the same words: "This is a specimen +of my writing," without any directions being given them and without +knowing for what purpose it was wanted. The results obtained, some of +which are here shown, were published in a paper in New York. The striking +resemblance among them all is obvious at the first glance, and when these +specimens first appeared a lawyer wrote to the editor complaining that an +attempt had been made to pass off the handwriting of one person as having +been done by several. + +[Illustration: Influence of training on handwriting + +Each of these lines was written by a different person] + +The writing of the writing school is no more the real writing of the +individual than laborious printing in capitals would be. + +Even when what must be regarded as the vicious style of the writing school +has been so thoroughly acquired that the writer ceases to be conscious +that he is copying a model, the writing not infrequently reverts to a +normal state and will then tend to show indications of inherited traits. + +Under ordinary conditions, where there has been no prolonged attention +given to the form of the writing, as in conscious imitation or +experimental alteration, and but little unconscious imitation, certain +distinctive features may persist for a very long period. Thus the angle at +which the writing slopes may remain practically the same for years, or the +form of a particular slope beneath a signature will repeat itself almost +exactly time after time, and even the absence of a flourish may become a +significant characteristic. + +Emotional influences often have an effect upon handwriting, though the +alterations thus produced are frequently only slight and temporary. Thus +a man weighed down by overwhelming grief will often write in smaller +characters than usual, while violent anger will find its expression in +more vigorous cross strokes to the "t's," heavier dotting of the "i's," +and the thickness of a flourish to a signature. On the other hand, slight +changes caused by long-continued depression may leave permanent traces +upon the handwriting. + +A deeply interesting historical instance of this tendency of handwriting +to vary with the mood of the writer is to be seen in the signatures of +Napoleon at various periods of his career. Several of these written on +occasions calling forth widely differing emotions are here reproduced, and +it is not difficult to discern in some of them the effect of emotional +influence. Very striking, for instance, is the difference between the +orderly signature written after the victory at Austerlitz and the blotted +scrawl dashed off after the defeat at Leipzig. Nor will it escape notice +that nearly all the signatures written at moments of depression or failure +have a downward slant, whereas that of the victor of Austerlitz runs +upwards. A great contrast, too, is shown between the general features of +the first three signatures penned in moments of triumph or success, with +that written on the retreat from Russia and the still less assertive +signature of the prisoner of St. Helena. + +Instances of the effects of passing emotions upon writing might be +multiplied indefinitely, but what has been said above is sufficient to +show that this factor is of importance in drawing any conclusions as to +the identity of an individual from his handwriting. + +[Illustration: SIGNATURES OF NAPOLEON AT DIFFERENT PERIODS OF HIS CAREER + + 1804. After being crowned Emperor. + + 1805, Dec. 2. Signature on proclamation after the victory at + Austerlitz. + + 1806. After the campaign of 1806. + + 1812, Sept. 21. After entrance into burning Moscow. + + 1812, Oct. On the retreat from Russia. + + 1813, Oct. 23. Signature to a document signed at Erfurt. After the + defeat at Leipzig. + + 1814, April 4. Fontainebleau, prior to abdication. + + At St. Helena.] + +If passing emotions can have so great an influence upon handwriting, how +much greater must be the effect when the centre or centres in the brain +that control the writing mechanism are affected or destroyed by disease! + +Among the disturbances of handwriting due to defective control of the +muscles we may include the so-called _tremor-writing_, which is common in +old age, and the writing of people suffering from writers' cramp, an +example of which is shown in the figure. + +[Illustration: Writers' Cramp] + +Other forms of defective writing may be the result of a paralytic stroke +affecting the writing centre of the brain, which causes the patient either +to form only parts of letters or endlessly to repeat the same letter under +the impression that sentences are being formed, while in extreme cases +there may be merely a succession of meaningless strokes in place of +written characters. + +[Illustration: Specimen of Agraphia] + +The writing of insane people almost invariably shows the effect of mental +disturbance. In some cases the form of the letters is changed, but they +are still used in their right places. An illustration of this is given in +the accompanying figure, which represents the signatures of the poet Lenau +before and during his insanity. + +[Illustration: Writing of Lenau, the poet, before and during insanity] + +In other instances there is both alteration in the form of the writing and +_paragraphia_, or the use of the wrong letters. Thus Hölderlin, the German +poet, who became harmlessly insane in 1806 at the age of thirty-six, ever +afterwards misspelled his name in the manner here shown. + +[Illustration: Signature of Hölderlin before and during insanity] + +A very interesting derangement of writing, which is probably due to the +writing centre in one hemisphere of the brain becoming adapted to do the +work of that in the other, is that commonly known as _mirror writing_. An +example of this which came under the writer's observation is shown below. + +This shows the ordinary handwriting of a working woman of about sixty-six, +who for the last three years has been paralysed in the right arm, and +since then has produced mirror writing with her left hand. + +[Illustration: Mirror writing in paralysis] + +The most remarkable instance of mirror writing on record is to be seen in +the last manuscript of Leonardo da Vinci, known as the _Codex Atlanticus_, +in the library at Milan. Various speculations have been made as to why +backward writing should have been employed here, but the obvious +explanation may be deduced from the letter of a monk, Antonio de Beatis, +who, after visiting Leonardo in his retirement at Amboise, wrote that the +artist would never paint again, as his right arm was paralysed. The +manuscript was in all probability, therefore, written with the left hand, +and, as frequently happens in such cases of paralysis, the other +hypothetical writing centre was brought into action and mirror writing was +produced. + +Of all the temporary influences tending to modify handwriting none is more +remarkable, or affords a better proof of the way in which written +characters vary with the condition of the mind than the effect of hypnotic +suggestion. + +The experiments of Professors Lombroso and Richet have proved that a +suggested change of personality is accompanied by an appropriate style in +the handwriting of the subject. Thus, a young hysterical girl when +hypnotised under the suggestion that she was a child wrote in childish +characters. + +Still more striking were their experiments upon a young Austrian student, +Chiarloni Clementino, who within little more than an hour was made to +assume successively the characters of a child, of Napoleon, of Garibaldi, +of a clerk, and of an old man of ninety. He was made to write some words +on each of his assumed characters, and the writings not only differed to a +marked extent from his normal handwriting, but also had characteristics +suggestive of the type of individual he was temporarily personating. + +[Illustration] + +The results of some of these experiments, which the present writer had the +permission of the late Professor Lombroso to reproduce, are shown in the +accompanying figures. The normal writing of the student is represented +below, while Fig. A (p. 82) shows words written under the suggestion that +he was Napoleon, Fig. B, his writing as the old man of ninety, and Fig. C +that done as Garibaldi. + +[Illustration: HYPNOTIC HANDWRITING + +A. As Napoleon + +B. As an old man + +C. As Garibaldi.] + +The handwritings of the suggested Napoleon and Garibaldi were quite +different from the writing of the real individuals, although it is +interesting to note that there is some attempt to form the letters of +Garibaldi's signature in the same manner as in the genuine signature here +shown. + +[Illustration] + +In a private letter to the present writer Lombroso mentioned that it was +quite possible for the hypnotised student to have been familiar with the +signature of Garibaldi. Or, again, the hypnotisers may have had their +thoughts upon the form of the genuine signature while the student was +writing the suggested version of it. + +It has been observed by Dr. Preyer that certain individuals, when under +hypnotic influence, write in a better handwriting than when they are in +their normal condition, whereas in the case of other subjects the letters +are childish and badly formed. It is even possible to make them omit by +suggestion particular letters from each word they write, "Europe," for +instance, becoming "Urop," and so on, while by further suggestion they may +be induced to make use again of the missing letters. + +The fact that handwriting may be completely altered under the influence of +hypnotism is not only of great scientific interest, but may also have an +important bearing on the results of legal cases in which handwriting is +concerned. + +It was pointed out some years ago by Dr. Bianchi that hysterical women are +particularly prone to write anonymous letters, and it is well known that +such women are readily responsive to hypnotic suggestion. + +Facts such as these suggest how necessary it may often be to take into +account the possibility of hypnotic influence before deciding upon the +authorship of a given piece of writing. + +The extent to which a man should be held responsible for what has been +written as the result of hypnotic suggestion from another person will +obviously depend upon whether he was the dupe or the willing instrument of +the hypnotiser. In any case it may not be easy to prove that the writing +is his, for it will probably be very different from his ordinary +handwriting. + +Hitherto no case of criminal libel involving such delicate questions as +these appears to have come before the courts, but it is one that might +conceivably occur at any time, and a jury would then have to decide upon +the responsibility of the writer. + + + + +CHAPTER VI + +EVIDENCE AS TO HANDWRITING + + Illustrative Cases--Handwriting Experts + + +At one time the only evidence that was allowed to be given as to +handwriting was that of the writer himself, or of someone who had seen the +writing done, or was well acquainted with the handwriting in question. + +Examples of evidence of this kind are numerous and occur in many of the +cases mentioned in other parts of this book, such as the trial of Spencer +Cowper in 1699, or of that of the Perreaus in 1775. + +In the trial of Spencer Cowper (1699) an important part of the defence was +that the girl had drowned herself in a fit of depression, and letters +written by her were put forward to prove this view. + +A gentleman named Marshall produced letters that he had received from her, +and a man named Beale gave evidence that he believed it to be in her +handwriting, having seen her write and holding a receipt of hers. + +The jury declared they were satisfied with the evidence, but the judge +(Baron Hatsell) remarked that they might ask the mother to say whether it +was her daughter's handwriting. + +Sarah Stout's brother was also questioned. + +_Mrs. Stout._--How should I know! I know she was no such person; her hand +may be counterfeited. + +_The Judge._--But if it were written in her more sober style, what would +you say then? + +_Mrs. Stout._--I shan't say it to be her hand unless I saw her write it. + +_Mr. Stout._--It is like my sister's hand. + +_The Judge._--Do you believe it to be her hand? + +_Mr. Stout._--No, I don't believe it; because it don't suit her character. + +The judge in his summing up remarked that if the jury believed that the +letters were in the handwriting of Sarah Stout there was evidence to show +that although she was a virtuous woman a distemper might have turned her +brains, and discomposed her mind. + +The history of the admission of expert evidence on handwriting in this +country is a curious one, and shows that opinion has long been divided as +to its value. + +In a trial that took place in 1836 a bank inspector was put in the box to +give an opinion as to the genuineness of a signature and the judge refused +to admit this as evidence. The point was carried to the Court of Appeal, +but was still left unsettled, an equal number of judges being for and +against the admissibility of such evidence. + +Mr. Justice Wills, in his standard work on _Circumstantial Evidence_, +relates that Lord Denman pronounced that evidence as to handwriting might +be regarded as an expunged chapter in the book of evidence. In spite of +this dictum, however, the evidence of the handwriting expert was made +legal in Civil Cases in 1854, and eleven years later it was also legalised +in Criminal law. + +Long before a witness was permitted in this country to give his opinion +upon writing which he had not actually seen written, or with the author +of which he was unacquainted, expert evidence of this kind was admitted in +the laws of different countries in Europe and in many of the American +States. + + +HANDWRITING EXPERTS. + +A good deal has been heard of late of the shortcomings of the handwriting +expert, and owing to a mistaken idea as to the nature of his evidence, the +view has been strongly expressed that such evidence should no longer be +admissible. + +The present feeling against evidence on handwriting is partly due to an +exaggerated importance having frequently been attached to the conclusions +of the expert, so that as soon as it could be shown that he had made a +mistake, no further trust was to be placed in his opinion; and partly to +the dogmatic attitude of certain experts in the past. + +As Lord Brampton pointed out in his _Reminiscences_, the judges in +mid-Victorian days were afraid to trust their own judgment in matters of +handwriting, and powers almost occult were ascribed to the expert, who, +after all, only uses ordinary scientific methods. + +The true function of the handwriting expert is to act as a sign-post to +the jury. His observation has been trained to notice minute points of +resemblance and difference, and he is thus in a position to point out in +what respect and to what extent two handwritings resemble one another or +differ, and it is then for the jury to draw their own conclusions from the +facts laid before them. + +It is now no uncommon occurrence for a judge in summing up a case to the +jury to emphasise the point that the evidence of the expert is only a +matter of opinion, and that the real decision rests with them. In this way +it is possible for the judge to correct the too decided statement of +opinion which the expert is sometimes, under stress of cross-examination, +forced to give. + +Netherclift, who was the chief expert in the days when Lord Brampton was +at the bar, had such faith in his methods that finally he came to believe +that he could never make a mistake. + +This belief received an amusing check in a case in which he was under +cross-examination by Lord Brampton (then Mr. Hawkins). + +Netherclift had claimed that his system gave infallible results, and had +further stated that his son, whom he had trained, made use of the same +system. + +"Then," said the wily advocate, "your son working on your system is as +good as you are?" + +"Yes," replied the father with some pride in his voice, "he is." + +"That is to say, he, too, is infallible?" + +"Yes," again replied the witness. + +"Well, now, Mr. Netherclift, was there ever a case in which you and your +son appeared on opposite sides?" + +Netherclift tried to evade the question, which, he complained, was an +unfair one, but on being pressed was forced to admit that on a certain +occasion he had given evidence on one side and his son upon the other. + +Swift came the unanswerable retort, "How comes it then that two +infallibles appeared on opposite sides?" + +Netherclift's dogmatic manner rendered him peculiarly liable to fall into +traps like this, and many were the occasions on which he was found +tripping. + +Readers of Lord Brampton's book will recall another amusing instance in +which the expert was "put in a hole" by his opponent, who tells the story +in these words: "When I rose to examine I handed to the expert six slips +of paper, each of which was written in a different kind of handwriting. + +"Netherclift took out his large pair of spectacles, magnifiers, which he +always carried. Then he began to polish them with a great deal of care, +saying as he performed that operation, 'I see, Mr. Hawkins, what you are +going to try to do--you want to put me in a hole.' 'I do, Mr. Netherclift, +and if you are ready for the hole, tell me--were those six pieces of paper +written by one hand about the same time?' + +"He examined them carefully, and after a considerable time, answered: 'No; +they were written at different times, and by different hands.' + +"'By different persons, do you say?'" + +"'Yes, certainly.'" + +"'Now, Mr. Netherclift, you are in the hole! I wrote them myself this +morning at this desk.'" + +The feeling of distrust with which the evidence of the expert in +handwriting is often regarded by the legal profession is illustrated by a +capital story that was told recently by Sir Edward Carson in a letter to +the _Times_. An Irish counsel in a now forgotten case began his +cross-examination of a handwriting expert with the curious +question--"Where's the dog?" + +"What dog?" said the bewildered witness. + +"The dog which the judge at the last assizes said he would not hang upon +your evidence." + +How closely two distinct handwritings may resemble one another was shown +in a celebrated case in which handwriting experts were proved to be +utterly mistaken. This was the trial of Sir Francis Truscott, a former +Lord Mayor of London, at the Old Bailey in 1879. + +It was asserted that the defendant had sent a post card to a friend named +John Kearns, who had at one time served with him upon the City Council, +accusing him of a criminal offence and warning him that he was being +watched by the police. + +At the trial evidence was given in the most positive manner by a lady who +was acquainted with Sir Francis Truscott to the effect that the moment she +had been shown the card she had recognised the writing as his. + +This opinion was supported by Charles Chabot, an expert in handwriting, +who stated in the witness-box that he was certain that the writing on the +post card had been done by the same individual who had written certain +letters of the defendant which he had examined. The similarities between +the two writings were, he asserted, too close not to have been the work of +one individual. + +Evidence of the same character was then given by Netherclift, who swore +that from a minute comparison of the libellous post card with letters in +the admitted writing of the accused there could be no doubt but that they +were written by the same person. + +The defence was opened by a witness named Smith being put in the box. He +stated that he knew both Mr. Kearns and Sir Francis Truscott, and was +aware that the friendship between them had ceased. He was then shown the +post card and asked whose was the handwriting upon it. + +"I wrote the post card," he said. "It is my own writing." + +Answering further questions, this witness stated that he had been abroad +when the charge was brought against Sir Francis Truscott, and that as soon +as he learned what had happened he had made an affidavit that the writing +was his. + +The father of this witness produced post cards written by his son and +stated that the libellous post card was in the handwriting of his son and +not in that of Sir Francis. Evidence was also given by another witness who +knew both Sir Francis and Mr. Smith, and who had no doubt but that the +post card was in the handwriting of the latter. + +At this stage the jury intimated that they had heard sufficient, and +brought in a verdict of "Not guilty." + +Mr. Justice Wills records a case in which a bank clerk being shown a +forged signature swore positively that he had written it, while he was +doubtful as to the authenticity of signatures that were undoubtedly his. + +Another instance of the way in which writing may be so skilfully imitated +as to deceive even the man whose writing it purports to be is afforded by +the trial of a solicitor named Shaw at the Derby Assizes in 1861. + +He was accused of having forged a mortgage, and at the trial a client of +his named Abel went into the witness-box and in all good faith swore that +his genuine signature upon a document was not his, while he recognised the +forged signature as his genuine writing. + +It was proved conclusively, however, at a subsequent action that was +brought three years later, in connection with the forged deed, that Abel's +signature upon it had been forged, and the convicted solicitor was brought +into court to give evidence that he had himself signed the document. + +Another curious example, also cited by Wills, of the uncertainty of +evidence as to writing was that of a trial in which a deed that was +produced bore the signature of Lord Eldon. The solicitor in the case had +no doubt as to this being a genuine document, and yet it was positively +stated by Lord Eldon that he had never witnessed any document in his life. + +The cases of wrong conclusions as to handwriting have been as numerous as +those of mistaken identity of person, and have had as tragic consequences. + +The notorious case of Beck will occur to everyone as an instance of a man +being not only wrongly identified, but of being also the unfortunate +possessor of a handwriting that had a close resemblance to the writing of +someone else. + +The two false identifications combined were sufficient to send an innocent +man to prison, and it was long before it was established that the +witnesses upon whose evidence he had been convicted had been utterly +mistaken both with regard to his identity and his handwriting. + + + + +CHAPTER VII + +FORGED DOCUMENTS + + Use of Microscope--Erasures--Photographic Methods--Typewritten + Matter--Examinations of Charred Fragments--Forgery of Bank Notes. + + +The most valuable methods of detecting forgery have been based upon the +use of the microscope, which will frequently reveal alterations that are +quite invisible to the naked eye. + +For instance, a letter may have been so carefully erased as to defy +detection by ordinary examination, but a microscopical examination will +show the slightly roughened surface of the paper, where the fibres have +been disturbed in the process of erasure. A notable example of this was +seen in the Whalley will case, an account of which is given on a later +page, and numerous instances of the same kind have come under the direct +observation of the present writer. + +In one of these cases, which was settled before it reached the courts, a +letter which was to be put in evidence in a dispute as to some property +had originally contained the words "your house," but the "y" had been +skilfully erased, so that the words read "our house." + +When the paper was held to the light it showed an almost imperceptible +thinness at that place, but under the microscope the ruffled fibres on the +surface of the paper where the sizing had been scratched off, were very +noticeable. + +Skilful forgers guard against this obvious sign of alteration by treating +the erased place with a solution of rosin in spirit, which leaves a fine +shiny layer upon the paper similar to that of the original sizing. + +A treatment first with hot water and then with alcohol will remove this +coating of glue or rosin, and when the paper has been dried again it will +be found that this part, which will now be free from its protective layer, +will absorb a drop of water more rapidly than the rest of the surface. + +Another simple test to reveal erasure is the use of iodine vapour, which +will often cause a blue coloration (due to starch) upon the moistened +surface from which sizing has been removed, but will only colour the +remainder of the paper brown. + +This test gave a very pronounced result in the examination of the letter +to which reference has been made, in which erasure of the letter "y" had +been suspected from the general appearance and microscopical examination +of the surface of the paper. + +The course of the tests described above should be followed under the +microscope, although in some instances the fraud is so extensive as not to +require any magnification. As a rule, however, it is preferable to use +only one drop of a reagent, and to follow closely under a low power of the +microscope, its action, both upon the material of paper and upon the ink +of any writing, which it may render visible. + +The detection of mechanical erasure, which as was mentioned above, is +frequently indicated by the paper being thinner and more transparent at +that place, is often rendered more certain by photography. + +Thus if the document on which was the suspected erasure is placed between +a strong light and the camera, the negative will show a darker area +corresponding to the place where more light was transmitted through the +paper. + +A photograph taken in direct light would probably in such a case show +nothing, but in a negative taken with the light falling obliquely upon the +paper, the fibres that had been roughened by the erasure would be visible, +unless a subsequent treatment with glue or rosin had been used to conceal +the injury to the surface. + +Ink applied to the surface of paper from which the sizing has been removed +will show more or less tendency to spread, as upon blotting paper, and +although this may be so slight as to escape the notice of the naked eye, +it will be plainly visible under the microscope, and on a photographic +enlargement the rough edges of the marks will be very pronounced. + +Every little fault or attempt at touching up will be brought into +prominence, and in cases where writing has been removed by the use of +chemical reagents the slight yellow stain which is frequently formed upon +the paper--a stain so trifling that it would not ordinarily attract +notice--will appear as a dark blotch upon a photographic reproduction. It +has frequently been claimed that it is possible to distinguish between +different kinds of ink by means of photography. Since inks contain +provisional colouring matters which cause the dried pigment upon the paper +while apparently black to be in reality red-black, blue-black, etc., it +was asserted that such differences would be made manifest in photographs +taken on an ordinary plate, and still more by the use of colour-sensitive +plates. + +The present writer, however, has been unable to confirm these statements. +It is true that differences in intensity appear upon the negative, but +these are not any more pronounced than the differences obvious to the eye +in the writing, and the use of special plates and screens does not give +any more satisfactory results. + +The chief use of the photographic methods is to distinguish differences in +form rather than in colour, and to record them for purposes of +demonstration. + +One direction in which photography is particularly useful is in +deciphering the words in faded ink upon old documents, for the yellow +colour of the ancient vellum is due to the formation of iron oxide. + +Of recent years photography has supplied another valuable means of +detecting alterations in documents, and it has been found particularly +useful for demonstrating to a judge and jury the results of a +microscopical examination. + +Photographic reproduction and enlargement has the advantage over chemical +methods of not producing any alteration in the ink or paper, and in some +instances is just as effective as the latter. In the examination of wills, +for instance, it is necessary to obtain the express permission of the +President of the Probate Court, before any chemical tests may be applied +to the document, and except under special circumstances such permission +would certainly be refused. + +All the details of the writing and of the texture of the paper may be +recorded by the camera, and a photographic enlargement may then be made to +any required extent, so as to obtain what practically amounts to a record +of the microscopical appearance. And the process has the additional +advantage over microscopical examination that a large portion of the +magnified surface may be examined at the same time, whereas in studying a +document under the microscope, the view is restricted to a very minute +portion of the surface. + +With the more general use of the typewriter it became possible to write +libellous letters with much less risk of detection than in the case of +letters written in ordinary pen and ink, for the machine eliminates the +personal characteristics of the writer. + +The differences between various makes of typing ink are also less +pronounced than the differences between different kinds of writing ink, +and the proof of the identical character of two inks has, therefore, +usually less significance. + +There are, however, certain typewriting inks, which are characteristic +from the fact that they contain finely-divided carbon, and are, therefore, +unlike most typing inks, exceedingly permanent, and it is also possible to +distinguish between the more common violet aniline inks by the different +degrees of resistance that they offer to bleaching reagents. + +Although it is not possible to identify the writer of a typed document by +a study of the typing it is frequently not a difficult matter with the aid +of the microscope to identify the machine upon which it was written. + +The principle underlying such identification is that the letters upon a +new typewriter are arranged at very nearly equal spaces from each other +and produce a fully horizontal line of writing. But after being in use for +a very short period some of the letters are certain to get out of +alignment, and to give faults in their relative position, which are +usually reproduced every time those letters are struck. Thus, for +instance, an "a" may be a little above the line and an "r" fall too much +to the right, and these peculiarities will almost invariably recur +throughout every scrap of writing done upon that machine, until the +alignment has been adjusted. In no two machines are exactly the same +variations in the relative positions of the different letters likely to +occur. The chances of this happening is exceedingly remote, for there are +some seventy letters and signs upon a typewriter. + +A practical illustration of the value of the evidence thus afforded, was +seen in a case that occurred about a year ago. It was suspected that a +letter had been written in collusion with a clerk in a certain office, and +proof of this was thought likely to have considerable influence upon the +issue of the trial. + +When this letter, which was in typewriting, was compared with another +letter that had unquestionably been written in that office it was found +that the faults of alignment in both were identical. Wherever a letter, or +combination of letters, in the one fell above or below the line, the same +thing occurred in the other, and wherever there was unequal spacing +between two letters the distances were invariably equal in both cases. + +In addition to this, the ink, which was of the violet type, contained the +same pigment, and the watermarks on the two sheets of paper were the same. + +There could, therefore, be no reasonable doubt as to the two letters +having been written upon the same machine. As a matter of fact, this proof +of collusion did not carry the weight that had been expected, for the case +was decided upon issues that were not affected by such proof. + +With the aid of a measuring-scale upon the eyepiece of the microscope it +is possible to measure the thickness of strokes of writing only ten +thousands of an inch across, and in some cases to prove in this way that a +certain part of a document was written at a different time or with a +different pen than the remainder of the writing. + +In attempting to reproduce a signature a forger will probably make a +preliminary outline with a blacklead pencil and then go over this with +ink. + +The imperfect removal of the pencil marks may then betray the fraud, as in +the Whalley will case described on another page. In some instances the +particles of the graphite may be seen with the aid of the microscope to +project beyond the upper layer of ink. + +Additions and alterations made to the letters in writing are clearly +visible when magnified, and may be demonstrated in court by means of a +photographic enlargement. Any irregularities in the edges of the letters +or any break between one part of a letter and another appear much more +pronounced when examined in this way, for all faults are enormously +intensified. Thus the figure "0" might be altered into "9" by the +addition of a stroke, or a "3" turned into an "8," but it would be +practically impossible to do this in such a manner as not to show when +slightly magnified. + +The accompanying illustrations, for which the writer is indebted to Mr. A. +S. Osborn and the proprietors of _Knowledge_, will make these points +clearer. In Fig. A is shown the result of an attempt to change the number +"11" into "17" by the addition of a stroke to the top of the second "1." +The small inset represents the appearance of the fraudulent alteration, +while beneath it is seen the microscopical enlargement, in which the +joining of the added portion is plainly visible. + +Occasionally it happens in fraudulent alteration of writing that a stroke +or part of a letter may touch some of the original writing, and betray +itself by being above instead of below the older letter. + +Thus in Fig. B the words "in full to date" were added to the receipt after +the signature had been put, and it will be noticed in the enlargement of +the cross stroke of the "t" in "date" and the top of the capital "C" in +the signature (Fig. C), that the alleged older writing comes uppermost. +The point at issue in this dispute was whether the receipt referred to a +whole sum or only to a payment on account. + +The writer in the course of his experience has seen many similar +fraudulent alterations, but has never met with a case like that described +by Mr. Osborn, where the perforations which are in common use as a means +of preventing fraud had been carefully filled in, and new perforations +made. Fig. D shows that a fraud of this kind may be detected with +certainty by the aid of the microscope, the edges of the original +perforations appearing as rings of a lighter hue. + +[Illustration: ALTERED NUMBER] + +[Illustration: ALTERED PERFORATION + +Detection of Forgery by means of the Camera and the Microscope + +_By kind permission of "Knowledge"_] + +The subsequent addition of writing to a document was in one instance +detected by the fact that the paper had been folded before the later +writing was introduced, and in the crease thus formed the sizing on the +surface of the paper had become worn, leaving the fibres more porous. Here +the ink had shown a tendency to become diffused, and the blurred edges of +the lines thus produced were very manifest. + +Even where paper has been so completely charred that no signs of writing +remain visible, it is frequently possible to render the characters visible +once more by continuing the incineration until only a white structure of +ash remains. + +When the writing was originally in ink the characters will usually appear +in reddish-brown marks (due to the iron in the ink) upon the white +background of ash. In the case of inks that do not contain iron, or when +the writing was in carbon or aniline typing ink, this method of +incineration will prove unsuccessful. + +Writing that has been done with an ordinary lead pencil can usually be +rendered visible by carefully regulating the heat during the incineration, +so as not to burn away the graphite. Marks done with a red pencil are, as +a rule, burned away with the paper, but blue pencil marks usually persist +owing to the presence of an iron compound in the pigment. + +In the case of printing inks it is rarely possible to render the +characters visible again, except when, as in blue printing ink, some iron +pigment was present. + +The limits of this method of reading writing upon charred paper have +recently been investigated by Habermann, who finds that a main essential +for the successful working of the process is that the paper itself shall +yield a coherent white ash. In the case of common varieties of paper, +especially printing paper, which are loaded with china clay and other +mineral matter, this condition is admirably fulfilled. + +With pure rag papers, however, the ash is much less coherent and is too +small in quantity to leave a background. Even in such cases it is possible +to increase the amount and coherence of the ash by painting the reverse +side of the charred paper with a solution of a mineral fixative agent, +such as aluminium acetate. On now drying the paper and continuing the +ignition the added substance leaves its own white ash which binds together +the ash of the paper. + +The fragments of white ash upon which writing has been made visible will +obviously be extremely fragile, but they may be rendered firm enough to +handle by applying a solution of collodion to the reverse side, which on +evaporation leaves a layer of nitro-cellulose similar to that with which +incandescent gas mantles are coated. + +Any shrinkage or distortion of the letters in the writing caused by the +contraction of the ash of the paper during the incineration is obviated or +minimised by burning the carbonised paper very slowly. + +A record of the revivified writing may also be made by means of +photography. + +The one pound notes issued by the Bank of England until as late as 1826, +appear to have afforded peculiar temptations to forgery, judging by the +number of persons convicted of the offence. + +[Illustration: A FORGED RECEIPT] + +[Illustration: PORTION OF THE SAME + +_By kind permission of "Knowledge"_] + +[Illustration: TESTS TO DISTINGUISH OLD FROM NEW INKS + +(SEE PAGE 110)] + +The statistics on this point are very remarkable. Between the years 1797 +and 1811, 471 people were convicted of uttering the notes or having them +in their possession. + +In 1814, the number of fraudulent one pound notes detected was 10,342; in +1815, 14,085; in 1816, 21,860; in 1817, 21,241; and during the first three +months of 1818, 8,937. + +The ease with which the notes could be imitated, and the readiness with +which they could be circulated, caused hundreds of people to take up the +trade of forgery, until at length whole days were occupied at the Old +Bailey with the endless trials and convictions. + +Much indignation was expressed in the newspapers that the Bank had not +issued notes which could not be imitated, and as a result of this outcry, +a committee of scientific men was appointed to examine and report upon the +best means of checking the evil. + +Their report stated that they had examined many specimens of engraving, +but none that had been submitted to them was proof against skilful +imitation. Most of the forged notes had been clumsily imitated, and from +this it appeared that the public were quite ready to be deceived by them. + +It was commonly believed, though without foundation, that the Bank placed +a private mark upon their notes by which they could subsequently be +identified. + +The general dissatisfaction with the behaviour of the Bank authorities was +intensified by the amount of public money that was spent in the +prosecution of the forgers, and the view was freely expressed that the +Bank had no right to assume the office of prosecutor. + +In the year 1818, for instance, there were 242 prosecutions, the cost of +which was £34,357. + +So pronounced became public opinion upon the subject that the Bank was +forced to allow the culprits to plead guilty to a minor charge, the +penalty for which was transportation instead of death. + +This became almost a necessity, since there were frequently batches of +twenty or thirty convicted forgers awaiting execution, though the death +penalty was only exacted in a relatively small proportion of the cases. + +During the seven years ending 1825 there were 78,918 males and 14,800 +females tried on the charge of forging these notes. Of these prisoners, +17,874 were acquitted, while out of the remaining 75,844 sentence of death +was passed upon 7,770, though not more than 579 of these were executed. +Even this small proportion gave the terrible yearly average of +eighty-three executions. + +As it was at that time impossible to stop these wholesale forgeries the +abolition of the issue of one pound notes, which took place in 1826, was +obviously the only solution of the difficulty. + + + + +CHAPTER VIII + +DISTINGUISHING INKS IN HANDRWRITING + + Elizabethan Ink--Milton's Bible--Age of Inks--Carbon Inks--Herculaneum + MSS.--Forgery of Ancient Documents. + + +In order to make clear the principles upon which are based the methods of +distinguishing between different kinds of ink in handwriting it is +necessary to give some account of the nature of ink. + +Ordinary writing ink is essentially a mixture of a decoction of galls (or +other substances containing tannin) with a solution of copperas, or as it +is now termed, ferrous sulphate. These substances combine with one another +to form a tannate of iron, which gradually changes on exposure to the air +into another iron tannate, which is insoluble and constitutes the black +pigment of writing. + +Characters written with a pure freshly-prepared iron gall ink are very +faint in colour when first applied to the paper, and it is only after the +air has acted upon them that they gradually become dark blue and finally +black. + +In the old type of iron-gall ink, that which was universally employed down +to the early part of last century, inks were exposed to the air or were +boiled in order that the insoluble black pigment might form within the +liquid, and thus give some colour to the ink when it was first put upon +paper. The objection to this is that ink thus prepared is liable to clog +the pen and not to penetrate properly into the fibres of the paper. + +In the modern type of inks, therefore, which are commonly known as +"blue-black" inks, this method of partial oxidation is not employed, but a +colouring matter is added instead, so that the writing has some colour +immediately, pending the formation of the black pigment within the fibres +of the paper. + +The nature of this provisional colouring matter varies in different inks, +and no two manufacturers appear to use the same substance for this +purpose. In some inks indigo is employed, in others logwood, while the +introduction of aniline dyestuffs placed an abundant choice of colouring +matters at the disposal of the manufacturer. + +In the case of old inks it would only have been possible to distinguish +between writings done with different kinds where some mistake had been +made in the preparation of the ink, and a large excess of iron or of galls +had been used. + +The possibility of such mistakes occurring, however, will be readily +understood when it is remembered that ink-making was formerly as much a +part of the duties of the housewife as the baking of bread or the making +of cordials. + +As writing was a polite accomplishment restricted to the educated people +of leisure the ink-manufacturer could not have existed, for there would +have been no customers, and recipes for the making of ink were therefore +handed down for generations. + +A particularly interesting example of an early domestic recipe for making +ink is shown in the accompanying figure which Mr. G. Weddell has kindly +allowed to be reproduced. This was taken from a collection of old family +recipes dating back to the early part of the sixteenth century, and +including among its odd assortment of items directions for making +everything needed for the household, from apple pasties to cures for the +king's evil. This particular recipe, which was one of several for making +ink, was probably written towards the close of the sixteenth century. It +gives directions for soaking the galls in rain water (or claret, or red +vinegar) and boiling the liquid, after standing for a few days, with +copperas and gum. The whole collection of these recipes, which suggest +many a picture of the life in an English household in the sixteenth +century, has been published in facsimile (_Arcana Fairfaxiana +Manuscripta_, 1890). + +[Illustration: Elizabethan domestic recipe for ink] + +Ink made by the rule of thumb methods of the housewife must have often +been very poor stuff, and it is to this cause that we must attribute the +want of permanency of the ink in some of the relatively modern writing as +compared with that upon manuscripts centuries earlier. + +No more interesting illustration of the effect of the composition of old +inks upon the permanency of writing can be found than in the various names +written in Milton's family Bible, to be seen in the British Museum. It +will be noticed that all the entries of the births of himself and the +members of his family are in the handwriting of Milton, and that with one +exception all the inks are of a good dark tone. The exception is seen in +the entry relating to the birth of his daughter Deborah "on the 2nd of +May, being Sunday, somewhat before three of the clock in the morning, +1652." Here the ink has faded to a faint brown tint. + +Considerable variations are possible in the proportions of galls and iron +that may be used without interfering with the blackness of the pigment, +but a deficiency of tannin outside those limits will cause the writing to +turn brown. A lack of tannin to combine with the excess of iron present is +probably the explanation of this faded entry in Milton's Bible. + +It is very probable, too, that tests applied to the freshly-written +entries would have shown that the ink in this entry was of different +composition from that of the inks in the other entries. + +Lovibond's tintometer, an instrument which enables slight differences of +colour to be distinguished more accurately than is possible with the naked +eye, has been used in matching the colour obtained in chemical reactions +with those given by the colour scales prepared from known or suspected +inks. + +For recording colour, strips of glass graduated so as to form a series of +colour scales are employed in this instrument, and in this way a note can +be taken of any given tint. + +[Illustration: The Tintometer] + +The first occasion upon which this instrument was employed in criminal +work was in the Brinkley poisoning case, in which the colours of the +different inks upon the will and other documents were examined by its +means. + +The problem of determining the age of an ink in writing is much more +difficult than that of deciding whether two writings are in the same or in +a different kind of ink. + +It is, as a rule, possible to distinguish, with the aid of the microscope +and tintometer, between freshly-written and old writing up to about the +sixth day, after which the black pigment has attained sufficient intensity +to prevent further differentiation until after the lapse of two or three +years or more, when the provisional pigment will have faded or have become +fixed by the iron tannate. + +In most cases the provisional pigments used offer greater resistance to +the action of chemicals, but are infinitely less stable than the iron +tannate when exposed to the action of light and air, and eloquent +testimony to this difference is given by the comparison of certain +manuscripts of the seventh and eighth centuries with typewritten matter in +aniline ink, which has been put aside for a few years. + +Thus it happens that when characters written in blue-black ink are kept, +the blue pigment will gradually fade out, leaving the black pigment; and +when this stage is reached the ink in old writing is readily distinguished +from ink that has been freshly put upon paper. + +Prior to this, however, the blue provisional colouring matter appears to +become enveloped in the particles of iron tannate so that it no longer +reacts rapidly with chemical reagents. + +Thus, if writing done within the last year or two be treated with acetic +acid there is an immediate diffusion of the blue pigment, whereas in the +older writing, diffusion, if it occurs at all, is very slow and limited in +extent. + +A still more useful reagent for this purpose is a saturated solution of +oxalic acid, which causes the pigment of relatively fresh writing to give +an immediate smudge, but has very little, if any, effect on writing six or +eight years old. The differences in the behaviour of old and relatively +recent writing are seen in the tests here illustrated, in which the old +writing of 1898 was hardly affected by the reagents, whereas the writing +done in 1908 gave the results shown. + +Both writings were in the same kind of ink and the tests were applied +simultaneously. + +Speaking generally, a writing done with blue-black ink ceases to show such +diffusion after five to six years. When slight diffusion occurs in an +older ink it is seen under the microscope to differ in character and only +to affect the surface of the letters, whereas the diffusion in an ink +written within the last two or three years affects the whole of the +pigment in the letters. + +The first occasion on which chemical evidence as to the age of blue-black +ink has been given in the law courts was in the recent forgery case, in +which Colonel Pilcher was accused of forging his cousin's will. This will +was alleged to have been written in 1898; and assuming this to have been +the case, the ink should only have reacted very slowly with the different +reagents; there should have been little or no diffusion with oxalic acid: +and if any slight diffusion occurred it should only have been upon the +surface of the letters. + +The ink upon the will, however, gave an immediate reaction with the +different reagents, the blue pigment diffused at once with oxalic acid, +and the diffusion extended throughout the whole of the letters. There was +thus no doubt but that the ink upon the will had been written within the +last year or two--certainly within the last six years. + +Cheques written by the deceased lady during the last thirteen years were +also subjected simultaneously to the same tests, and while those written +quite recently gave an immediate diffusion, the ink upon those written in +1903 showed only the slightest diffusion in the heaviest writing, and no +diffusion at all was obtained upon the cheques written in 1901. + +The general adoption of blue-black ink for the old iron-gall ink has made +it a simple matter to distinguish between old and new writing, for it is +easy to differentiate the two kinds of ink by tests which show the +presence of the blue pigment. + +The test has been found useful of late in checking the statements of +certain claimants of old-age pensions, who, as a proof of their age, have +pointed to the entries of date of their birth in old family Bibles. + +In more than one instance the results of a scientific examination of the +inks have failed to support the claim, for they have proved conclusively +that the ink was of recent origin. + +It is a simple matter to distinguish between the ancient types of ink that +were in use during the early centuries of the Christian era until they +were gradually replaced by iron-gall inks and modern writing inks. For the +basis of all these ancient inks is lampblack, or some other form of +carbon, which is very resistant to the action of reagents. It is for this +reason that printing ink, the pigment of which is carbon, is so much more +stable than any ordinary writing ink can be. In fact, in order to increase +the permanence of writing inks it has frequently been recommended to add +a small amount of some carbon ink. + +The most easily obtained preparation of the kind is the commercial Indian +or Chinese ink, which consists essentially of a mixture of glue with +lampblack in the finest possible state of division. + +In order to distinguish between a carbon ink of this nature and an +ordinary writing ink all that is necessary is to apply a dilute bleaching +agent. The blue-black pigment of the writing ink will then gradually +disappear, whereas the fine particles of carbon in the other ink will show +little, if any alteration, and may still be discerned under the microscope +as minute black granules resting upon the fibres of the paper. + +It was by a method similar to this that Sir Humphrey Davy proved that the +writing upon papyri found in the ruins of Herculaneum, which was destroyed +in A.D. 79, had been done with a carbon ink, of the same nature as that +used by the ancient Egyptians and by the Chinese and Japanese at the +present day. On none of the Herculaneum MSS. could any trace of iron ink +be detected. + +The same tests may be applied to determine whether the writing upon a +document has been lithographed or has been written with ordinary ink. + +An amusing instance of the kind came within the present writer's +experience. A sheet of paper upon which was some writing that was believed +to have been written by Nelson had been handed down in a family for +several generations as an heirloom, and had always been looked upon as a +genuine document. The ink had the faded yellow tone of old iron ink, and +there was nothing to show that the writing was not what it professed to +be. + +Its present owner, however, happened to notice in a museum what appeared +to be a duplicate of the manuscript in his possession, and when a chemical +test was applied to the ink upon the latter the pigment was quite +unaffected. Hence there could be no doubt as to its being a copy of the +original reproduced by lithography. + +Cases in which it is necessary to distinguish between iron-gall writing +inks and printing or other carbon inks occur from time to time in criminal +investigations. As a recent example a case that was tried a few months ago +may be mentioned. The chief clerk of a firm of merchants had for a +considerable time been defrauding his employers, and when suspicion at +length fell upon him, endeavoured to conceal his doings by falsifying the +entries of previous years in the ledger. + +In order to do this it was necessary to abstract certain pages in a +particular part of the ledger and to substitute the necessary alterations. +Then, finding that the ink of the writing would appear too new, and thus +invite inquiry, he added a small amount of Indian ink to an ordinary +writing ink, and thus obtained a mixture, which gave an immediate effect +of age to the writing. To the naked eye there was nothing to show that +these pages had not been written on the dates mentioned on them, three or +four years previously, but on applying a weak bleaching agent the fraud +was at once made obvious. The iron-gall part of the pigment faded away, +but the particles of carbon that had formed the basis of the Indian ink +were left, and their nature could easily be recognised under the +microscope. The entries on the other pages in the ledger, which had been +written in ordinary writing were completely bleached in the test. + +A very curious illustration of the difficulties that beset the forger of +ancient documents was afforded by the trial of Humphreys in 1839 in +Edinburgh. + +The prisoner was the claimant to the earldom of Stirling, and in support +of his claim had produced a number of documents supposed to date back to +the seventeenth and early eighteenth centuries. One of these purported to +be a portion of a charter granted by King Charles I to the first Earl of +Stirling in 1639, permitting the succession to the earldom to descend +through the daughters of the house. + +As witness to this there was appended the signature of Archbishop +Spottiswood described as "our Chancellor," whereas as a matter of history +the seal had been handed to the Marquis of Hamilton a year prior to the +date of the pretended charter. There were also various other anachronisms +in the document, such as margins in red ink, which were not used before +1780. + +Scientific evidence was also given that the ink upon the pretended charter +was not old ink, but ink that had been treated in such a manner as to +appear old. + +Similar inconsistencies were shown in the other pieces of documentary +evidence, and scientific proof was given that the date upon an engraved +map, upon the back of which were memoranda supporting the claimant's case, +had been added at a later period. + +The jury unanimously found the prisoner guilty of forgery. + + + + +CHAPTER IX + +TWO NOTABLE TRIALS + + Trial of Brinkley--Trial of Robert Wood + + +The first occasion upon which scientific evidence as to the difference of +blue-black inks upon a document was given in a court of law in this +country was at the trial of Richard Brinkley at the Guildford Assizes in +July, 1907, for the murder of Mr. and Mrs. Beck. + +Brinkley, at the time of his trial, was about fifty years of age. He was a +carpenter by trade, but in the course of his life had turned his hand to +many occupations, and for many months had been living upon the proceeds of +the property which he claimed to have inherited. + +For some time prior to her death he had made himself indispensable to an +old lady named Blume, and when, early in 1906, she died, he produced a +will in which she had left him her house and money. + +On the strength of this will, which he proved in the usual way, Brinkley +took possession of Mrs. Blume's house, much to the disgust of her daughter +and granddaughter, who had always resented his influence over the old +lady. They had no knowledge that anything was wrong with the will, but +they determined to test its validity, and accordingly a _caveat_ was +entered against it. + +Brinkley had not anticipated that he would have to prove that it was a +genuine document, or that he would have to depend upon the testimony of +the men whose signatures as witnesses were present upon the will. He knew +that he could rely upon one of his witnesses, a man named Hird, who had +drawn up the will; but the other witness, Parker, refused to perjure +himself for Brinkley's benefit. He owned that he had signed a paper when +he had been out with Brinkley, but denied that he had ever seen or signed +a will. + +As Parker's refusal to appear in court meant that the will would be +declared a forgery, Brinkley decided that he must be cleared from his +path. + +He therefore obtained some prussic acid from a man who described himself +as "a friend of our dumb fellow-creatures," alleging that he needed it to +kill a dog, and this poison he introduced into a bottle of oatmeal stout, +which he took round to Parker's lodgings in Croydon, and placed in his +sitting-room. + +Before Parker came home his landlady, Mrs. Beck, went into his room and +seeing the bottle of stout called her husband and daughter, and they all +drank the poisoned beer that had never been intended for them. Mr. and +Mrs. Beck died the same night, and their daughter, who had taken less of +the stout, was very ill, though she ultimately recovered. + +Parker was immediately arrested, but being able to prove his innocence was +soon set free, and suspicion then fell upon Brinkley who, after the +coroner's inquest, was committed for trial on the charge of murdering the +Becks, the law being that if you deliberately intend to kill one person +and unintentionally kill another you are none the less guilty of murder. + +On the way to the police station, after his arrest, Brinkley made the +significant statement: "If anyone says I put poison in stout, he's got to +prove it." Up to that moment there had been no mention of poisoned stout. + +At the police court proceedings it was proved that the Becks had died from +the effects of prussic acid, that Brinkley had bought that poison, that he +had bought a bottle of stout in West Croydon, and that he had been seen on +the platform at Wandsworth waiting for the West Croydon train. + +The motive of the crime was an important link in the chain of evidence, +but Brinkley held stoutly to his story that the will was signed by both +witnesses in the presence of Mrs. Blume. + +Parker's version of his signature, the authenticity of which he did not +dispute, was that while he was out with Brinkley one evening the latter +asked him to sign his name upon a paper petitioning for an outing, and +that they had thereupon turned into a public-house, where he, Parker, had +written his name upon a sheet of paper, the upper part of which was folded +over. + +In order to test the truth of Parker's statement the bottle of ink was +obtained from that public-house, and he was told to write his name upon a +sheet of paper in that ink, and this paper and the original will were +submitted to the present writer for examination. + +By the aid of the methods described in the preceding pages it was found +that the ink of Parker's signature upon the will and that of the writing +upon the piece of paper were of the same kind--an ink readily recognisable +from its particularly brilliant blue pigment. In addition to this, three +distinct kinds of ink were present upon the will, the body of the +document and the signature of one witness being in one kind of ink, the +signature of the testatrix in another, and the signature of the other +witness in a third. + +When the case came on at the Assizes at Guildford Mr. R. D. Muir appeared +for the prosecution, while the prisoner was very ably defended by Mr. +Frampton. Every day the judge, counsel on both sides, the prisoner, and +many of the witnesses went down to Guildford by a train in the morning and +returned to London again in the evening. + +Each morning the prisoner when he entered the court appeared quite +unconcerned, and chatted with the warders. As is so often the case, he did +not seem to realise the gravity of his position. + +It was shown in the evidence that he had some knowledge of poisons, and +that he had selected one that would disappear more or less rapidly from +the body after death. The chemical evidence as to the presence of prussic +acid in the bodies was given by Dr. Stevenson and Mr. Bodmer, and was not +called in question by the defence. + +Evidence was also given by the writer with regard to the inks upon the +will, and this, too, was not disputed. In fact, Brinkley, who went into +the witness-box, when asked how he explained the fact of three kinds of +ink being on the will replied that Mrs. Blume had three different sorts in +the house. + +He was then asked what had become of two of them, since only one bottle of +ink was discovered when the house was searched, and to this his answer was +that he had given these to a little girl. + +Throughout the trial Brinkley's explanations of damning facts were never +supported by any evidence, while for every statement of Parker there was +abundant corroboration. + +The scene in court on the opening day of the trial will probably never be +forgotten by anyone present. A heavy thunderstorm passed over Guildford, +and for some minutes such blackness filled the interior of the hall where +the Assizes were held that it was barely possible to distinguish the faces +of those who were trying a man for his life, excepting when they were lit +up by the vivid flashes of lightning. Throughout the storm Mr. Muir +continued, in clear incisive tones, which could be plainly heard across +the noise of the thunder, to marshal the array of deadly facts, from which +there could be no escape for the prisoner sitting motionless in the dock. + +To the journalist nothing that means "copy" is sacred, and the +representative of one leading London paper whispered to another sitting +just behind the writer, "What a pity this couldn't happen while the +sentence of death was being passed!" + +Mr. Frampton in his speech for the defence dwelt principally upon other +possible explanations of evidence, which, as he urged, was entirely +circumstantial in character, but he was unable to produce any witnesses to +support the assertions of Brinkley. + +After a trial which lasted four days, the judge (Sir John Bigham) summed +up, and the jury, after a short retirement, found the prisoner guilty. + +Until the end he protested his innocence. + +The most sensational trial that has taken place in this country for many +years was that of Robert Wood, a young artist, in 1907, on the charge of +murdering a woman. + +The story of the crime itself is a particularly sordid one, but the +behaviour of the prisoner in court, and the excited state of public +feeling upon the subject gave a profound psychological interest to the +trial. + +A woman had been found brutally murdered in her lodgings in a small house +in Camden Town, and no trace could be found of the murderer. + +In the fire-grate, however, had been found some charred fragments of a +letter, while in the chest of drawers a post card that had escaped notice +had been discovered. + +A reproduction of this post card was posted up at the police-stations and +published in the papers, and was soon recognised by several people as +being in the handwriting of Robert Wood. + +In the meantime, Wood, finding that suspicion was likely to attach to him, +persuaded a girl of his acquaintance, named Ruby Young, to promise to +support his statement that he had been with her upon the evening when the +murder took place. + +A day or two later Ruby Young became uneasy as to the effect her promise +was likely to produce, and asked the advice of a journalist as to what +would be the best thing to do, putting the case as a hypothetical one. The +man, however, at once saw to what she alluded, and immediately telephoned +to the police, and this led to the arrest of Robert Wood. + +At the police court proceedings an expert opinion was given that the +fragments of charred paper found in the grate of the dead woman, were in +the handwriting of Wood, and evidence was also given by the present writer +that the pigment in which the characters were written was identical with +that of a marking-ink pencil found upon the prisoner. + +For a long time Wood denied that he had had anything to do with these +fragments. Subsequently, at the beginning of the trial at the Old Bailey, +he admitted that he had written them, though to the end he strenuously +refused to admit that the words had the meaning which they appeared to +suggest. + +He denied that they referred to any appointment made with the dead woman +for the day upon which she was murdered. + +The proof of the fact that these bits of charred paper had really been +written by Wood brought him very close to the scene of the crime, and his +attempt to create a false alibi and to get Ruby Young to bear this out +still further strengthened the suspicion against him. + +The most telling evidence, however, was the statement of a carman, who +had, he asserted, seen a man leave the house of the murdered woman at five +o'clock in the morning. He had not seen the face of the man, but had +noticed that he had a characteristic swinging walk, and when taken to the +police station had identified the prisoner among a number of other men, +who had been made to walk round the yard, as the man that he had seen +coming down the steps of the house. + +Other evidence was given as to Wood's having been seen in the company of +the deceased woman on several occasions in the past, although he asserted +that he had only known her a few days and had seen her only once or twice. +The bad reputation of most of these witnesses detracted from the value of +their evidence. + +Mr. Marshall Hall, who conducted Wood's defence, made a very brilliant +speech, in which he laid stress upon the weak points in the case for the +prosecution--the evidence that had been gathered from a tainted source, +the complete absence of any motive for the crime, and the fact that the +jury were trying the prisoner for murder and not for immorality or lying. + +He urged that the keynote in this case was that Wood, who had a great deal +of vanity, could not take upon himself the responsibility of admitting +what would cause him to occupy a lower position in the estimation of those +who had given him their undivided respect and affection. + +What, he asked, was the evidence of murder? The only iota of evidence that +turned the scale against Wood was that of the man McGowan, who stated that +he had seen the prisoner leaving the house, and had afterwards recognised +him by an alleged peculiarity in his gait. + +Two months after the arrest of her lover, Ruby Young, for the first time, +had said that he had a peculiar gait similar to that described by McGowan, +and so far as she was concerned this, said counsel, was a gross and +vindictive lie. + +The chief evidence called for the defence was that of Wood's father and +brother, who stated that he was at home on the night of the murder, and of +a neighbour who had lived beneath them, who had seen Wood come home that +evening. + +A ticket collector named Westcott, employed at King's Cross station, +stated that he lived in the same road, and that on the early morning, when +Wood was stated to have been seen, he left his house at five minutes to +five. He was then wearing a loose overcoat. Westcott was a +broad-shouldered man, and a boxer, and had a brisk swinging walk. It was +this man, it was suggested, whom McGowan had mistaken for Wood. + +Wood, himself, was put into the box and gave his evidence in a low, and at +times, nearly inaudible voice, though he showed not a sign of nervousness. +He gave emphatic denials to the questions put to him in cross-examination +by Sir Charles Matthews, but he admitted having lied in the matter of the +false alibi that he had attempted to set up. He was, he said, in a tight +corner, and any man would have done the same if placed in the same +conditions. + +With reference to the fragments of paper on which were words in his +handwriting he denied that they were part of a letter, and suggested that +it might have been some scrap of writing taken from his pocket by the dead +woman. The theory of its referring to an assignation was, he suggested, an +act of imagination upon the part of the prosecuting counsel. + +The judge, Sir William Grantham, in summing up the case, pointed out that +had it not been for the conduct of Wood himself in telling lies and +keeping back what he knew, there would have been no justification for +such a lengthy trial. + +The evidence of McGowan was, he said, open to a certain amount of doubt, +owing to the fact that the witness had not mentioned at once about having +noticed a peculiarity in the walk of the man he saw leaving the house in +St. Paul's Road, just before five o'clock on the morning of September +12th. + +Then the statements of Ruby Young did not bring the crime home to the +prisoner at all. That was a remarkable feature in the case. A number of +witnesses for the Crown did not directly connect the prisoner with the +crime. + +The inference, in view of the evidence of other witnesses, was that Wood +in his evidence had been lying all through. But the jury could not convict +him because he was a liar. It was mainly in consequence of Wood's own +false statements that the prosecution were bound to rely upon the evidence +of the other witnesses who had come forward. + +"Although," said the judge in concluding his address to the jury, "it is +my duty to do all I can to further the interests of justice, it is also my +duty to inform the jury that they must not find a man guilty unless no +loophole is left by which he can escape. In my judgment, strong as is the +suspicion in this case, I don't think the prosecution have brought the +case near enough home to the prisoner--with the exception of the evidence +of McGowan. That evidence, if implicitly relied upon, would justify you in +finding him guilty; but that evidence is considerably controverted. I +don't think the identification, even if true, is sufficient to justify +you in finding this man guilty. Therefore, although it is a matter for you +alone, it is my duty to point out the effect of the evidence, and it is my +duty to point out that unless the effect of the evidence is so conclusive +that there can be no doubt in anyone's mind, you should give the prisoner +the benefit of the doubt, and say you don't think he is guilty." + +It was a quarter to eight in the evening when the jury retired to consider +their verdict, and before eight had struck they were back again in court, +and had pronounced their verdict of "Not guilty." + +Cheer on cheer swept through the court, and for some minutes it was +impossible for the judge and the court officers to obtain silence. Men and +women thronged round the dock eager to grasp the hand which Robert Wood +held out to them over the rail. + +Outside, in the street, the dense mob that thronged up to the very doors +of the court, took up the cry, and yelled itself hoarse with the words +"Not guilty. Not guilty." + +The public had long before this decided that Wood was innocent, and the +orgies of wild enthusiasm that followed upon the announcement of the +verdict were some indication of the tense excitement that had been pent up +for so many days. Robert Wood had become the popular hero of the hour. + +It is difficult now to account for this hero-worship of a man who had done +nothing to justify such worship, except upon the theory of an emotional +infection that had destroyed the balance of collective judgment. This want +of proportion reached its limit perhaps in an article written for a Sunday +paper by one of the best known actresses. After describing the emotional +stress through which she had passed while waiting for the jury to give +their verdict she mentioned that she had gone into the hall. There she had +noticed a forlorn little figure of a girl wandering listlessly up and +down. Someone told her that this was Ruby Young, and for a moment she had +felt an impulse to go and speak to her, for she pitied her from the bottom +of her heart. And as she looked at her, with tears welling up in her eyes, +she thought of Peter when he had gone out and wept bitterly! + +It was a matter of the greatest difficulty for those connected with the +case to force a way through the surging crowd that was waiting to give a +boisterous welcome to the acquitted artist and his solicitor and counsel, +and to vent their disapproval upon witnesses who had dared to give +evidence against him, and particularly Ruby Young. + +For hours she waited, trembling, within the building, for it was not +thought prudent to allow her to venture outside; and it was quite late at +night before, disguised as a charwoman, she was able to make her escape +through a small door that had not attracted the notice of the mob. + +This was the climax of one of the most unpleasant features of the trial, +in the course of which several of the witnesses had complained to the +judge of the attempts that had been made to intimidate them from giving +their evidence. + +Another memorable feature in the trial was the behaviour of the accused. + +Throughout his ordeal Wood seemed to be more concerned about the +impression he was making upon the spectators in court than about the +necessity of accounting satisfactorily for many suspicious circumstances +that told against him. + +So well did he appear to be able to control his emotions that, as he +himself wrote afterwards, he could notice whether one of the actresses who +attended the trial day by day, smiled upon him. + +Never for one moment did he lose this self-control or appear otherwise +than an unconcerned witness of the events upon which his life depended. + +This absence of nerves in the accused is what struck most people as one of +the strangest features in a strange trial, and caused Mr. Hall Caine, who +was present in the court throughout the whole time, to write of him: "That +he felt nothing I will not dare to say, that his mental processes were not +frequently stirred to such pain as comes of baffling difficulties, but +that the ordeal of his trial was a terrible one to him I absolutely refuse +to believe. Robert Wood, innocent of the murder of Emily Dimmock, is yet +the most remarkable man alive." + +In what trial upon a charge of murder has there ever been witnessed the +sight of the prisoner, whose life was hanging in the balance, laughing and +chatting with his friends, and making sketches of the judge, the counsel, +and the witnesses? Even at the most crucial moment of the trial, when the +jury had withdrawn to consider their verdict he exhibited no trace of +anxiety, but until called below sat calmly sketching, while he waited for +their return. + +And thus Mr. Hall Caine wondered, as he got the prisoner to sign his name +upon the back of a copy of the charred fragments of the letter, whether +"with all his mental alertness, his intellectual activity, his +temperamental composure, this was not one of those men, the rare and +mysterious men, who lack some necessary quality on the moral side of their +nature." + + + + +CHAPTER X + +SYMPATHETIC INKS + + +The so-called _sympathetic inks_, by which is understood inks that give a +writing that is invisible, or nearly so, until it has been acted upon by +the air or treated with a special reagent, have been put to many ingenious +uses by the criminal. + +Some five years ago an innocent-looking individual called at the +laboratory of one of the leading consulting chemists in London, and asked +whether he could be supplied with a writing fluid that would give writing +which would fade away in a short time, and also with another ink that +would produce words that would be invisible for some time and then appear. +He gave as his reason for requiring these that he wanted to amuse a small +boy. + +The sequel was seen a few weeks later when the same plausible individual +was arrested for swindling on the race-course. He had made tempting bets +on certain horses, the names of which he had written on slips of paper, +and had handed these slips to those who had accepted his wagers. + +In a short time the name of the horse on each slip of paper gradually +faded away while the name of another horse slowly appeared in its place. + +One man to whom one of these slips had been given, having been warned by +another victim, hurried away to the police station, and was in time to let +the superintendent see the name of an "outsider" replace that of one of +the favourites upon which he had laid his money. + +This appears to have been the last detected attempt to use a sympathetic +ink upon the race-course. A disappearing ink frequently used for this +purpose is a weak solution of starch containing a slight trace of iodine, +the effect of which is to produce a faint blue colour. On exposure to the +air the colour of writing done with such a fluid soon fades away. + +Fugitive dye-stuffs have also been employed as disappearing inks, and some +of these, such as quinoline blue, give characters that rapidly disappear +when exposed to sunlight. + +An ink that is invisible for some time is a solution of silver nitrate in +ammonia, which gradually becomes black when acted upon by air and light. +Or certain dye-stuffs such as magenta, that have been treated with a +bleaching reagent in just sufficient quantity to decolorise them fulfil +the same purpose, the original colour gradually reappearing as the oxygen +of the air acts upon the pigment. + +The earliest inks that were rendered visible by chemical reagents were +believed to act by magnetism. + +Thus in a medical book of the seventeenth century, written by Brossonius, +a "magnetic fluid" is described made from "arseniated liver of sulphur," +which only became visible when looked at with the "eyes of affection." +This appears to have been nothing more mysterious than an ink of lead +acetate, the characters written with which could be rendered visible by +exposing them to the vapour of sulphuretted hydrogen. + +Inks of this kind were also mentioned, in 1669, by Otto Tachen, who +referred to them as _aquæ magnetice e longinquo agentes_, but pointed out +that there was nothing magnetic in their action. The term _sympathetic +ink_ appears to have originated with Le Mort, who applied it to the lead +acetate ink, and later on the name was extended to all secret inks. + +The best known sympathetic inks consist of solutions of cobalt salts, the +writing done with which changes on heating from a nearly invisible pink to +blue. This peculiarity of cobalt to form two series of salts containing +different amounts of water was discovered in 1715 by Waiz. + +Other compounds that may be used as sympathetic writing fluids include +tannin, which forms ordinary ink on the addition of iron sulphate; cobalt +nitrate which becomes blue on adding oxalic acid, and gold chloride which +gives a purple colour with tin chloride. + +Some thirty years ago a patent was taken out by Kromer for the use of a +sympathetic ink in detecting any tampering with envelopes. The two dried +constituents of the ink, say tannin and iron sulphate, are separated by +the adhesive gum upon the envelope, so that should steam be applied to +open the letter, the two substances come into contact, and form an ink, +which leaves a stain upon the paper. + +Printing inks based upon these principles are used in preparing the +groundwork of cheques, so that any attempt to remove the writing from the +cheque by means of chemical agents will be betrayed by the change of +colour upon the body of the paper. + +The value of sympathetic inks in detecting an offender was strikingly +shown in the recent Sutton libel case, in which a woman was found guilty +of sending offensive cards through the post. + +The story is a very remarkable one. For many months during 1908 and the +early part of 1909, there was an epidemic of anonymous post cards in +Sutton, many people receiving them and no one being able to trace their +origin. + +Among other people who received these cards was a Mrs. Tugwell, and in +some of them it was stated that she and another woman were "not fit +members" of a certain congregation. Suspicion fell upon the housekeeper of +the Roman Catholic priest, Annie Dewey, and mainly on the evidence of a +handwriting expert, she was committed for trial at the Assizes. + +The writing on the libellous cards was undoubtedly extremely like that of +Miss Dewey, and, as events subsequently proved, was a very skilful +imitation of it by someone who wished to throw suspicion upon her. When +the Assizes came on, no evidence was offered by the prosecution and the +case was dismissed. The libels still continued, however, and Mrs. Tugwell +having received more libellous cards, her husband again took the matter +up, and Miss Dewey was once more committed for trial in March, 1910. The +trial was a very exhaustive one, but no convincing evidence was brought +against the accused, who was therefore acquitted. + +In the meantime a number of suspicious circumstances pointed to the +conclusion that Mrs. Tugwell herself was the author of the libellous cards +and letters, and that she had also apparently written those that she had +received through the post. + +In order to obtain proof of this the police, by arrangement with the +postal authorities, marked a large number of stamps with a sympathetic +ink, that would not become visible until it had been treated with another +reagent. + +Instructions were given to the postmaster that these marked stamps were to +be supplied to none but members of the Tugwell family. + +In April two more libellous post cards were sent to Canon Cafferata, a +Roman Catholic priest, and the stamps upon these cards were two of those +marked with the invisible ink. + +The house of the Tugwells was now watched by the police, and one evening +when Mrs. Tugwell was seen coming out, the pillar-box close at hand was +immediately cleared of all its letters by an official. Mrs. Tugwell then +put two letters in the box, both of which contained foul libels. One of +these was addressed to a friend of hers and the other to herself. + +The handwriting on both these letters was an imitation of that of Miss +Dewey. A warrant was now issued for the arrest of Mrs. Tugwell, and when +her house was searched, envelopes having the same watermark as that of the +envelopes containing the libellous letters were discovered. There were +also found some French books containing the French phrases used in the +letters, and several pieces of blotting paper upon which were words and +phrases occurring in libellous letters. + + + + +CHAPTER XI + +REMARKABLE FORGERY TRIALS + + Trials--William Hale--The Perreaus--Caroline Rudd--Dr. Dodd--Whalley + Will Case--Pilcher, etc. + + +The evidence given at the trial of William Hale, in 1728, at the Old +Bailey has many points of interest. The accused was charged with forging a +promissory note for £6,400. + +At this time it was customary for certain privileged persons to frank +letters by merely signing their names upon them and adding the word +"free." + +In this case the forged promissory note bore the words "for myself and +partners" followed by the signature, and the Attorney-General pointed out +in his speech for the prosecution that this had been done by erasing the +two "e's" of "free," inserting an "o" between the "f" and "r," and then +adding the additional words. + +It was also alleged that the ink in the stroke of the beginning of the +letter "m" in the word "my" was in an older kind of ink, and probably +originally formed part of one of the "e's" in the word "free." + +The old creases in the paper were also such as might have been produced by +the folding of the cover of a letter. + +Philip Booth denied the authenticity of the handwriting, and was then +questioned further:-- + +"Are they in the same ink?" + +To which he replied, "I take them to be of a different ink." + +The prisoner was found guilty and condemned to stand thrice in the +pillory, to pay a heavy fine, and to suffer five years' imprisonment. He +died the same year in Newgate. + +Two celebrated trials for forgery in which evidence as to the authenticity +of handwriting was given, took place in 1775, and the justice of the +verdicts was hotly discussed for long afterwards. In the first of these +trials Robert and Daniel Perreau, twin brothers, were accused of a series +of frauds by means of false bonds, while in the second trial Caroline +Rudd, who had given evidence for the Crown against the Perreaus in the +first trial, was indicted for the same offence. + +According to the contemporary accounts Robert Perreau was an "apothecary +of great practice," while his brother "lived in the _stile_ of a +gentleman." + +The evidence went to prove that Robert Perreau asked Drummond, the banker, +to lend him £5,000 upon the security of a bond for £7,500 which, he +alleged, had been given to his brother Daniel Perreau by a Mr. William +Adair. + +Mr. Drummond questioned the authenticity of the signature upon the bond, +which he therefore retained for further examination, promising to return +it the next day or to advance the money for the loan. In the meantime he +showed it to the Secretary of the Admiralty, who at once agreed that the +signature was a forgery. + +The next day Perreau willingly accompanied Drummond to Mr. William Adair +who promptly denied all knowledge of the bond. + +The Perreaus and Mrs. Rudd now attempted to escape in a coach, but were +arrested and charged with forgery before Sir John Fielding at the +Westminster Guildhall. Similar charges of obtaining money from other +persons by means of bonds, all of which had been signed with the name of +William Adair, were brought, and after Mrs. Rudd had given evidence that +she had forged the signatures at their instigation, the two brothers were +committed for trial at the Old Bailey. + +At the trial evidence was given by William Drummond that he had had an +interview with Mrs. Rudd, that then she had admitted having given the bond +to Robert Perreau, and after confessing that she had forged it had begged +them "for God's sake to have mercy upon an innocent man." + +Robert Drummond, brother of the previous witness, stated in his evidence +that when Mrs. Rudd acknowledged the forging of the bond he had expressed +doubts whether she was speaking the truth, seeing that the handwriting was +so different from that of a woman. Mrs. Rudd had then written the words, +"William Adair," upon a piece of paper in writing so like that of the +signature on the bond that it had satisfied him and he had burned the +paper. + +Evidence was next given by a brother of William Adair and by a clerk that +the handwriting upon the bond was not that of William Adair. + +John Moody, a livery servant of Daniel Perreau, who was called for the +defence, asserted that Mrs. Rudd had two different kinds of handwriting, +in one of which she wrote letters to his master as though coming from Mr. +William Adair, this fictitious writing being absolutely different from her +ordinary writing. He also stated that she used different pens, ink and +paper for these forged letters, and that the handwriting upon the bond was +precisely the same as that in the fictitious letters. + +The defence of both brothers was that they had been deceived by Mrs. Rudd, +who had given them the bond as a true one and that they had presented it +believing it to be genuine. + +Many distinguished persons, including Sir John Moore, gave testimony as to +their character, but in spite of this both were found guilty and sentenced +to death. + +After their conviction great efforts were made to secure a pardon for +them, and especially for Robert Perreau, against whom the evidence was not +so strong. A petition was presented to the King, and the newspapers were +filled with letters in favour of the men, who, as a large section of the +public believed, had been the victims of a designing woman. But all was of +no avail and they were executed in January, 1776. + +Between their conviction and execution came the trial of Caroline Rudd for +the same forgeries. She pleaded that having been accepted as a witness for +the Crown she ought not to have been prosecuted as a principal. This point +of law was referred to the whole bench of judges, whose decision was that +the trial should proceed, in order to determine whether the prisoner had +spoken the whole truth. + +She had charged Robert Perreau with soliciting her to forge the bond and +his brother Daniel with forcing her to imitate the handwriting of William +Adair. "If," ran the judgment, "she has suppressed the truth she has no +equitable claim to favour; and if she has told the truth and the whole +truth she cannot be convicted." The trial therefore proceeded. + +The principal witnesses were the wives of Robert Perreau and John Moody. +Mrs. Perreau stated that she had seen Mrs. Rudd hand a bond to her +husband, Robert Perreau, which was signed "William Adair." In +cross-examination she admitted that she had never before seen a bond, and +when asked how she could recall, after three months, the names, amounts, +date, and other particulars upon it replied, "I have the happiness to have +a good memory." At the same time she was unable to remember the date or +sum in any other document which had been shown to her. + +John Moody, Daniel Perreau's servant, again gave evidence as to Mrs. +Rudd's using two kinds of handwriting, and asserted that he believed that +the signature of Mr. William Adair upon the bond was in the handwriting of +the prisoner. In cross-examination he admitted that he had never seen Mrs. +Rudd sign the name of Mr. Adair. + +The defence was that there had been a conspiracy on the part of the +relatives and friends of the Perreaus against Mrs. Rudd, and Christian +Hart, a friend of the prisoner, gave some evidence in support of this. + +A short speech was then made by Mrs. Rudd, who concluded with an appeal to +the jury: "Gentlemen, ye are honest men, and I am safe in your hands." + +After a short retirement the jury gave their verdict in the following +curious form: "According to the evidence before us, not guilty." + +For many years after these trials sides were taken for and against the +Perreaus, and an appeal even was made to Mrs. Rudd to "discover the +secrets of a transaction concerning which public opinion has been so much +divided." It was plausibly suggested that a declaration of the fact if she +was guilty could not then affect her since she had been acquitted by the +laws of her country. + +Two years after the trial of the Perreaus and Mrs. Rudd came another +notorious forgery trial, which created a still greater sensation, owing to +the fame of the prisoner as a clergyman and an author. + +On the 8th of February the Reverend Dr. Dodd, editor of _Dodd's Beauties +of Shakespeare_, once one of the King's Chaplains, and a preacher whom +Sunday after Sunday fashionable London had flocked to hear, was arrested +on the charge of forging the signature of his former pupil, the Earl of +Chesterfield. + +For years he had been attempting to live in the style which he thought his +position required, and had been in constant difficulties with his +trades-people. At length to satisfy some of the more importunate, he +borrowed £4,000 in the name of Lord Chesterfield, whose agent he +represented himself to be, and gave a false bond for the sum. + +The manner in which the forgery was discovered is especially interesting, +as being one of the earliest cases in which the appearance of the ink led +to the detection of a fraud. + +The bond had been left with a Mr. Manly, who was the attorney for Messrs. +Fletcher and Peach, who had advanced the money, and, according to the +evidence which he gave at the trial, he observed "a very remarkable blot +in the first letter E in the word SEVEN, which did not seem to be the +effect of chance but done with design. He thought it remarkable but did +not suspect a forgery; yet he showed Mr. Fletcher the bond and blot, and +advised him to have a clean bond filled up, and carried to Lord +Chesterfield for execution." + +When this was done Lord Chesterfield immediately disowned the bond, and +Dr. Dodd was thereupon arrested. The attorney advised him that if he +returned the money it would be the only means of saving him. Accordingly +he raised the £4,000, on the understanding that the bond should be +returned to him cancelled, but the charge was not withdrawn, and he was +committed for trial at the Old Bailey. + +His defence was little more than a confession of guilt and a plea for +mercy, and after an absence of only a few minutes the jury found that he +was guilty, but recommended him to the royal mercy. + +After the conviction unexampled efforts were made to gain a reprieve. In +every newspaper there were letters pleading for the life of the prisoner, +and the most distinguished men of the day, including Dr. Johnson, then the +foremost English man of letters, used their influence on his behalf. +Officers of the parish, dressed in deep mourning went from door to door, +gaining signatures for long petitions to the king, and the names thus +collected filled twenty-three rolls of parchment. Finally, the Lord Mayor +and Council went in state to St. James's Palace imploring mercy for the +prisoner. But all was to no purpose, for the king obstinately refused to +show any favour to the divine whom he had formerly dismissed from his +chaplaincy. His constant reply to all these petitions was, "If I save Dodd +I shall have murdered the Perreaus." + +On the 27th June, 1777, Dr. Dodd was taken in a cart with another +condemned prisoner from Newgate to Tyburn and executed. + +His bad luck attended him to the last, for he went cheerfully to the place +of execution under the impression that the executioner would be able to +cut him down and hand him over to his friends before it was too late to +restore him to life. Unfortunately for him the scheme miscarried. A +contemporary account thus describes the incident: "Just before the parties +were turned off Dr. Dodd whispered to the executioner. What he said cannot +be known; but it was observed that the man had no sooner driven away the +cart than he ran immediately under the gibbet, and took hold of the +doctor's legs, as if to steady the body; and the unhappy man appeared to +die without pain; but the groans, prayers and tears of thousands attended +his exit." + +That Dr. Dodd was hanged at Tyburn is unquestionable, but it was commonly +believed at the time that the plan arranged with the executioner had +proved successful, and that after being cut down, he was handed over to +his friends, who applied restoratives, and when he was well again +smuggled him over to France, where he lived quietly for many years until +his death. + +There is no reliable evidence of this rescue from the gallows, and +although a few years ago it was stated that an account appeared in a +newspaper of 1784, of the life of Dr. Dodd in France, the present writer +has been unable to find any mention of this in the papers of that date. + + * * * * * + +The trial popularly known as "The Great Matlock Will Case" is a good +illustration of the way in which the internal evidence of documents may +afford definite proof of their authorship. + +In the year 1856 a surveyor named Nuttall who lived at Matlock died +leaving an estate worth about £60,000. He had no near relatives, and the +only other occupant of his house at the time of his death was his +housekeeper, Catherine Marsden. Her sister's husband, John Else, had been +employed as a clerk for many years by Mr. Nuttall, and wrote in a +handwriting so similar to the surveyor's that people were frequently at a +loss to tell by which of the two their letters had been written. + +Nuttall had had his will drawn up by a solicitor, and had made a copy of +it in his own writing, which was signed and witnessed. In this copy +certain additions benefiting Else had been introduced between the lines. A +number of codicils to this will were subsequently discovered when Else had +become appointed successor to Nuttall, and these were signed and witnessed +by a local farmer and a surgeon, so that if these codicils were not +genuine, there was conspiracy to defraud and perjury on the part of these +witnesses. The genuine nature of the signatures was vouched for by a bank +clerk, who stated that he would have at once paid money upon cheques so +signed. + +The case was first tried before a jury at the Derby Assizes in 1859, and +the codicils were pronounced genuine. The Master of the Rolls, not being +satisfied with the verdict, directed a second trial, which took place in +1860, and this time the jury decided that the codicils were not genuine. +The plaintiffs then appealed first to the High Court and then to the House +of Lords and a new trial was ordered. + +The final trial came on before the Lord Chief Justice (Cockburn) in 1864, +and lasted for eight days. The jury decided against the genuineness of the +codicils, mainly upon the characteristics of the writing and spelling. + +Both Nuttall and Else were bad spellers, but their mistakes were +different. For instance, throughout the will "daughter" was spelt +correctly, whereas in the codicil it was "doughter," and it was proved +that Else spelt the word with an "o," while Nuttall had never done so. + +The way in which the "t" was crossed was, however, the most convincing +piece of evidence. It was shown that Nuttall's habit was usually to leave +the "t" uncrossed, or when he did cross it to do so completely. On the +other hand, Else generally made a half-cross to the "t's." In the will +written by the testator there were no half-crossings, whereas in the +interlineation and the codicils the half-crossed "t's" predominated. This +difference was also brought out in a large number of the letters of the +deceased and of Else, which were shown to the jury. + +After the verdict had been given against them the plaintiffs attempted, +though without success, to obtain yet another trial of the case. + + * * * * * + +One of the most remarkable trials for forgery that has taken place in this +country was the outcome of the famous Whalley will case, which occupied +the attention of the courts for three years in the early eighties. + +James Whalley, whose fortune was in dispute, died in 1881 leaving £60,000. +He had been a reserved man with a touch of eccentricity, and parsimonious +habits, and in spite of his wealth had lived for many years in bare +lodgings in the house of a railway porter named Thomas, at Leominster. + +On several occasions he had expressed his intention of leaving his money +to a man named Priestman, who though at the time unaware of the truth, was +in fact his natural son; and there was convincing evidence to show that he +had made a will on blue paper to that effect. + +After his death, however, no such will could be found, whereas Thomas, the +railway porter, produced a will on white paper, in which the bulk of the +fortune was left to him. + +Certain suspicious circumstances led Whalley's next of kin to challenge +the genuineness of the will, and though as yet there was no suggestion of +forgery, it was urged that the signature had been obtained by some trick. + +After some time a compromise was made, and it was arranged that Thomas +should have £17,000 and that the remainder of the money should be divided +between Priestman and Whalley's relatives. The will was proved on this +understanding. + +Here the matter might have ended had it not been for an act of folly upon +the part of Thomas. + +Priestman invited his solicitor and some friends to come to Leominster to +celebrate the occasion, and on their way from the station the carriage +drove past the house where Whalley had lived. + +As it passed by Thomas stood at the window flourishing a piece of blue +paper. + +The solicitor, seeing this, jumped to the conclusion that this paper was +the "blue will," which Thomas was flourishing out of bravado, to show that +he had beaten them. This led him to make further inquiries, which finally +resulted in his concluding that the "white will" was a forgery. + +As the Court of Chancery regarded the question as one to be decided by a +jury the case was tried in the Queen's Bench Division, eminent counsel +being engaged on each side. + +Evidence was given by David Reece, whose name appeared upon the will as +one of the witnesses. He swore that he had never seen Whalley sign a will, +but that, together with the other witness, Nash, he had put his signature +above Whalley's signature on a piece of white paper on which was some +writing in pencil. + +Other evidence was then called to prove that shortly before his death +Whalley had asked Thomas to write a letter in pencil to Priestman, to +which he had appended his signature in ink. This letter Priestman had +never received. + +The inference, therefore, from this evidence was that the will had been +written upon a sheet of paper from which pencil writing had been erased. + +A minute examination of the "white will" disclosed the presence of traces +of the pencil marks, and words could be sufficiently deciphered to show +that they had formed part of a letter. + +The evidence of a number of expert witnesses, including Mr. Holmes, the +librarian of Windsor Castle, made clear the manner in which pencil marks +upon paper which had apparently been erased might reappear. When +india-rubber is passed over the surface of the paper it removes part of +the fibres of the material but only doubles over another portion, so that +in time the latter may unroll again and uncover the writing which had for +a time been concealed by it. It was proved further that the words which +had now reappeared upon the paper were in the handwriting of Thomas. + +The expert evidence that was brought fully confirmed the story of the +witness Reece, and the "white will" was pronounced a forgery. + +Subsequently Thomas was tried on this charge and was convicted and +sentenced to fifteen years' penal servitude. It is strange to reflect that +had it not been for his being unable to resist the temptation of showing +his triumph over his rivals, by flourishing a blue paper, his ingenious +fraud would in all probability never have been detected. + +It is scarcely likely that this paper was the original "blue will." In any +case, the latter was never discovered, but the Courts held on the evidence +laid before them that its intention should hold good, and that the money +should go to Priestman. + + * * * * * + +An elaborately designed forgery was detected in 1891 by the evidence +furnished by the different documents. An action was brought by a man named +Howe against the executors of a Mr. Ashton to recover £1,375, which he +alleged, had been given him in a cheque shortly before the testator's +death. + +The body of the cheque was admitted to be in the handwriting of Howe who +said that he had written it at Ashton's request. + +The cheque was signed "B. Ashton," whereas in the cheques (produced by Mr. +Ashton's bank) for many years previously, the signature was invariably +"Benj. Ashton," and the shorter signature was only employed in letters. +The evidence went to show that Howe had traced the signature from one of +these letters. + +A further discrepancy was apparent in the form of the figure "seven," Howe +invariably forming it laboriously and with a vertical stroke at the top, +whereas Ashton had always made it in a continuous stroke. In support of +his statement Howe produced some memoranda of sums due to himself, which +he asserted to be the handwriting of Ashton. + +In these the figure seven was invariably formed in the same way as Howe +made it, while the figure was never made in that fashion by Ashton. + +To account for one sum of £200, which he claimed to have lent to the +deceased, Howe stated that he had borrowed the sum from his mother-in-law, +and in corroboration produced a promissory note which he said he had given +her at the time. + +The note was dated 1889, and the date-mark to have coincided with this +should have been "89." An examination of this document suggested to the +judge, Mr. Justice Wills, that there had been some tampering with the +date. A hole in the paper came where the "8" should have been, the +explanation offered for this being that the paper had been put upon a +file. The appearance of the curve of what was left of the first letter, +however, was not like the curve of an "8," and by carefully working at the +back of the paper with an instrument, the torn edges of the hole were +pushed back into their place, and the figures of the year 1890 were made +plainly visible. + +So carefully thought out had this fraud been that it took twelve days to +unravel the whole matter. After the exposures described above Howe +naturally lost his case, and the papers were sent to the Public +Prosecutor. Subsequently Howe was tried at the Old Bailey for forgery and +convicted. + + * * * * * + +The trial of Frederick Pilcher at the Old Bailey in July, 1910, on the +charge of forging his cousin's will, was notable as being the first +occasion upon which chemical evidence as to the age of modern inks has +been given. + +Pilcher, who was a naval architect and colonel in the Territorials, in +Liverpool, had for many years been on very friendly terms with his cousin, +Marian Lilian Kerferd, and had been entrusted by her with the management +of some of her property. + +Miss Kerferd died in March, 1909, leaving an unsigned will in which she +divided the bulk of her estate, amounting to £20,000 to £30,000, between +various relatives, while only £130 a year was left to Colonel Pilcher, +whom she had appointed her executor. + +Shortly after her death Pilcher produced a signed will bearing the date of +1898, which he stated he had found among the papers of the deceased, and +in this will he was left the whole of the property and appointed sole +executor. + +He obtained probate of this will and took possession of the estate, +dealing liberally with the members of the family mentioned in the unsigned +will. + +The relations, however, were not satisfied with this state of affairs, and +Mr. Frank Stokes, as next-of-kin, brought an action, which Colonel Pilcher +did not defend, and succeeded in getting the probate set aside, and the +deceased lady was declared to have died intestate. In the meantime the +prisoner had succeeded in spending about £5,000 of the estate. + +When arrested he stoutly denied that the will was a forgery, but after +evidence had been given at Bow Street he was committed for trial. The +writing upon the will showed a close resemblance to that of Miss Kerferd, +but the bank manager of the deceased lady stated in the witness-box that +in his opinion it was an imitation. + +A remarkable fact was brought out in his evidence. Up to the year 1903 +Miss Kerferd had invariably formed the letter with a particular loop, and +this was seen upon all the cheques, which had been retained by the bank. +After that date, however, she made her "k's" in a totally different +manner, and the looping of former years never occurred in any of her +writing. Now in the will alleged to have been written in 1898 it was +significant that the "k's" were formed in the manner of later years, and +not as Miss Kerferd made them in 1898. + +Certain mistakes of spelling in the will were also characteristic of the +prisoner, whereas Miss Kerferd never made such slips. The names of the +witnesses upon the will, which by the way were also wrongly spelled, were +those of men who had been dead several years, but their relatives gave +evidence that these signatures were not genuine. + +Evidence was also given by the present writer as to the age of the ink +upon the alleged will. The body of the will and the signatures of both +witnesses were all written in the same kind of ink--a fact of importance +in connection with the half-confession subsequently made by the prisoner. + +On his appearance at the Old Bailey, Pilcher was defended by Mr. Marshall +Hall, and after two days' trial, he acted upon the advice of his counsel +and agreed to plead guilty to uttering the will, though he persisted in +his denial of having forged it. + +When the prisoner's counsel rose to make this statement there was dead +silence, for everyone in court was aware that something unusual had +happened, and there passed over the room one of those feelings of tension +that make each individual in a crowd lose sight of everything except the +unfolding of the drama before them. + +After calling several witnesses to the good character of the prisoner, Mr. +Marshall Hall made a strong appeal for mercy. Colonel Pilcher, he said, +had been a very intimate friend of this lady, who had frequently expressed +the intention of leaving him her money. Unfortunately, having put off +signing her will from day to day, she had died without carrying out that +intention, and unluckily for him the prisoner had found a will among her +papers, but without the signatures of the testatrix or witnesses. He now +owned that the signatures were not genuine, but did not know how they had +been put upon the will. In uttering the will he had only been attempting +to carry out the wish of the dead woman. + +In mitigation of his offence it was pointed out that he had not spent all +the money he might have done, that he was over sixty years of age, and +that his wife who had known nothing of this unfortunate liaison of her +husband freely forgave him for any pain he might have caused her. + +Before sentence was passed Mr. Muir, who conducted the case for the +prosecution, protested against the explanation of the finding of the will +that had been given in this confession, and said that in face of the +evidence that the ink upon the will was not more than six years old he +could not accept the view that the prisoner was not the forger of the +document. + +The judge, in passing sentence, said that even now the prisoner had not +made a clean breast of the matter, for they were still in the dark as to +who had signed the names upon the will. However, taking into account the +good character that had been given to the accused by those who had known +him, and the points urged in his favour, he did not think that the extreme +measure of penal servitude was deserved, and the sentence would be one of +three years' penal servitude. + + + + +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. + + +In its structure blood may be described as a colourless fluid, the +_plasma_ having in suspension small solid substances--the red and white +corpuscles. The plasma may be separated into a coagulated body termed +_fibrin_ and a transparent liquid called the _serum_. When blood +coagulates, or forms clots, it forms a solid mass in which the red +corpuscles are bound up in the fibrous mass of fibrin. The process of +coagulation is promoted by moderate heat, slight dilution with water, and +exposure to the air, while it is retarded by cold, strongly heating, great +dilution and the addition of various chemical agents. + +The red corpuscles differ in size and shape according to the species of +animal. Thus in human blood and in the blood of most mammalia they appear +as double concave circular discs, while in the blood of the camel and in +that of birds, reptiles and fish the red corpuscles are elliptical in +form. + +The number of corpuscles present is also subject to great variations, the +blood of amphibia and reptiles, for instance, containing remarkably few. +The following numbers in 100 parts of the blood of different animals have +been recorded: Horse, 53; pig, 43·5; ox, 35; dog, 35·7; and man, 48 +corpuscles. + +The colour of blood is due to a compound known as hæmoglobin, which +constitutes about 40 per cent. of the substance of the corpuscles. In the +bright red arterial blood the hæmoglobin is present in the form of +oxyhæmoglobin, and the latter may be separated in crystalline form by +suitable treatment of the separated red blood corpuscles. These crystals +differ in the case of different animals both in their chemical and +physical characteristics, and have very different forms. + +There are also similarly pronounced differences between the microscopical +appearance of oxyhæmoglobin crystals from human blood and from that of +various animals. The crystals from human blood are in the form of long +rhombic needles; those from the blood of the horse are quadrilateral +prisms; the blood of the guinea-pig, rat, and many birds yield rhombic +tetrahedea; while that of the squirrel gives hexagonal plates. + +Crystals of other compounds of hæmoglobin, such as hæmin, differing in the +case of different species of animals may also be prepared, and the +identity of oxyhæmoglobin may also be proved by its characteristic +appearance in the spectroscope. + +It is, therefore, under favourable conditions, not a very difficult matter +to distinguish between the fresh blood of, say, a man and a squirrel by +means of these characteristic differences. It is rarely, however, that the +problem is presented in such a simple form in criminal work, in which +usually all that is available for the investigation is the dried stain +upon some garment or the clot upon a rusty knife. + +One of the most widely employed tests is to dissolve a little of the +material in acetic acid containing a little common salt, to apply a gentle +heat to the microscope slide, and then to notice under the microscope +whether hæmin crystals are formed. + +Where the stain is upon iron it is often impossible to prepare hæmin +crystals, and in such cases hydrogen peroxide is used as a reagent. This +compound, when brought into contact with a fragment of the material +moistened with alkaline water, gives off in the presence of blood, bubbles +of oxygen, which gradually form a white scum. + +Experiments made by M. Cotton have shown that the blood of different +animals varies in the intensity of its action upon hydrogen peroxide. Thus +human blood liberates about twice as much oxygen as the blood of the horse +or pig, nearly four times as much as that of the ox and guinea-pig, and +about ten times as much as the blood of the sheep. + +Unfortunately other animal fluids have a similar action upon hydrogen +peroxide, and the test can therefore only be regarded as corroborative +evidence of the results obtained by other tests. + +Attempts have sometimes been made by murderers to remove blood-stains by +treatment with chemical agents, so as to prevent their identification. + +For instance, in the trial of Misters for murder at Shrewsbury, in 1841, a +solution of alum was found in his room, and it was supposed that he had +removed the blood from his shirt by treatment with this. He was +convicted, however, upon other evidence. + +The identification of blood-stains upon rusty weapons is a more difficult +matter than in the case of stains upon linen. + +The action of the acid salts of fruits upon the iron may produce an +appearance very similar to that of a blood-stain, the citrate of iron +formed having a reddish colour which on more than one occasion has misled +even a surgeon. + +A case of this kind happened in 1838 in Paris. A man who had been accused +of murdering his uncle, whose heir he was, was found to have a knife on +the blade of which were stains, which everyone who saw them said were +blood-stains. + +A chemical examination, however, which was made in the presence of the +magistrate and the prisoner, proved that they consisted of citrate of +iron, and had been produced by cutting a lemon and neglecting to wipe the +blade after use. + +It has frequently happened in the past that the opinion of policemen or +witnesses without any special knowledge of the subject has been taken in +criminal cases on the point whether stains upon clothes or on a weapon +consisted or did not consist of blood. + +This practice was obviously a dangerous one, since even by the modern +methods of examination it is not always a simple matter to be sure of the +fact. + +Until a comparatively recent date the tests for blood-stains were based +upon bringing the colouring matter of the blood into solution and applying +chemical tests to establish its identity. + +The necessity for scientific proof of the presence of blood-stains is +shown by numerous cases in which stains of similar colour have at first +been attributed to blood. + +Thus in a case related in Taylor's _Forensic Medicine_ a man was arrested +in 1840 on suspicion of being connected with a murder in Islington. He had +in his possession a sack on which were numerous stains supposed to be +dried and coagulated blood. When these were examined, however, they were +found to be due to red paint. + +In another case, a man who was suspected of a murder was found to have red +stains on his shirt and collar, but as these would not dissolve in water +they could not have been due to blood. Subsequently it was found that they +had been caused by the man going out in the wet with a red handkerchief +round his neck. + +An early example of the way in which the evidence of an unskilled witness +has been accepted upon the subject of blood is seen in the evidence given +in 1682 at the trial of Thompson, Pain and Farwell for libel. + +The libel arose out of the earlier trial in 1679 of Robert Green and +others for the murder of Sir Edmund Godfrey, who had been waylaid and +apparently strangled. This trial was one of those arising out of the +so-called Popish Plot, and upon the evidence of Titus Oates, Miles Praunce +and others the prisoners were convicted and executed. + +Subsequently a letter to Mr. Praunce appeared in _The Loyal Protestant +Intelligence_, which sought to make out that false evidence had been given +at the murder trial, and that Sir Edmund Godfrey had not been strangled +at all, but had committed suicide. + +In the words of the prosecuting counsel for the prisoners--"they say that +if a man or any other creature be strangled or hanged and the body cold +and the blood settled in the veins (as he must be if your evidence be +true, meaning the evidence of the said Miles Praunce). Run twenty swords +through such a body not one drop of blood will come out; but, on the +contrary, his body when found was full of blood. So that they do aver that +that wound that he received by that sword must be the cause of death." + +William Batson, who was one of the principal witnesses for the +prosecution, stated: "They showed me in a ditch where they said he lay +some blood. I cannot say it was his blood; and going a little further I +saw some more whitish blood, and this is all I can swear." + +The Lord Chief Justice (Scroggs) then asked if the weather had been +frosty, to which the witness replied: "My lord, I cannot tell whether it +was, but I will assure you the blood looked to me more like blood that was +laid there than anything else." + +After a lengthy trial, in which the main evidence of the former trial, +which was quite unconvincing, was repeated, the prisoners were found +guilty of traducing the justice of the nation and two of them were +sentenced to stand for an hour in the pillory and pay a fine of £100 each, +while the third escaped with the fine only. + +Where stains have been found upon the clothes or on a weapon in possession +of an accused person and have been proved to consist of blood, the defence +has frequently been set up that they were caused by the blood from a +sheep that had been killed or from handling game. + +Ten years ago, prior to the discovery of the serum test, it would not have +been possible, except in the cases where the blood corpuscles could be +examined, to prove or disprove this except by corroborative evidence. +There was no chemical means of determining whether an old blood stain had +been caused by the blood of a man or that of an animal. + +Taylor, writing in 1844 upon this point, observes: "Some French medical +jurists state that by mixing fresh blood with a certain portion of +sulphuric acid and agitating the mixture with a glass rod a peculiar odour +is evolved which differs in the blood of man and animals, and also in the +blood of the two sexes. This odour, it is said, resembles that of the +cutaneous exhalation of the animal, the blood of which is the subject of +experiment. They have hereby pretended to determine whether any given +specimen of blood had belonged to a man, a woman, a horse, sheep, or fish. +Others pretend that they have been able to identify the blood of frogs and +fleas!" + +As Taylor pertinently observes of this: "There is probably not one +individual among a thousand whose sense of smelling would be so acute as +to allow him to state with undeniable certainty, from what kind of animal +the unknown blood had really been taken. Any evidence short of this would +not be received in an English court of law." + +On the first occasion upon which scientific evidence as to the difference +between the blood of man and of animals was given in a criminal trial the +remarks made by the judge (Lord Chief Justice Cockburn) to the jury showed +that he was sceptical as to the powers claimed by the chemical witness of +distinguishing between different kinds of blood. + +In this case, which was tried at the Taunton Assizes, in 1857, a man had +been found with his throat cut, and collateral evidence pointed to a man +named Nation being the murderer. When he was arrested he was found to have +a knife upon him on which were stains that appeared to be blood, but the +prisoner accounted for these by saying that he had recently been cutting +raw beef with the knife. + +The chemical evidence, however, went to prove that coagulation of the +blood had not occurred until after it had come into contact with the +knife, or, in other words, that the blade had been plunged into living +blood. + +Moreover it was stated by this witness that the blood could not have been +that of an ox, pig or sheep, since the corpuscles were smaller than those +of human blood, whereas the corpuscles of the blood upon the knife were of +the same dimensions as those of human blood. The relative sizes of human +corpuscles compared with those of the animals mentioned were stated to be +as fifty-three to thirty-four in the case of the ox; as fifty-two to +thirty-four in sheep's blood; and as forty-five to thirty-four in pig's +blood. + +The judge, in his summing up, made the following comments upon the +evidence: "The witness had said that the blood upon the knife could not be +the blood of an animal as stated by the prisoner, and took upon himself +to say it could not be the blood of a dead animal; that it was living +blood and that it was human blood; and he had shown them the marvellous +powers of the modern microscope. At the same time, admitting the great +advantages of science, they were coming to great niceties indeed, when +they speculated upon things almost beyond perception, and he would advise +the jury not to convict on this scientific speculation alone." + +The jury found the prisoner guilty upon evidence other than this +"scientific speculation," the novelty of which probably prevented the +judge from accepting it as a demonstration of facts which might be +verified or disproved. + +The application of a remarkable discovery in physiological chemistry has +now made it possible to determine whether a blood-stain consists of the +blood of any particular kind of animal. + +In 1898 it was discovered by Bordet that on injecting serum of cow's milk +into a small animal, such as a rabbit, which was then killed after a lapse +of some weeks, the serum separated from its blood would produce a +precipitate in cow's milk. + +This discovery was supplemented by Wassermann, who, in 1900, found that it +was possible in this way to distinguish between the milk of different +kinds of animals, and he suggested the name _precipitines_ for these +specific precipitating agents formed in the sera of animals. + +Then Dr. von Rigler showed that the method might be employed to +distinguish between the flesh of different kinds of animals. + +[Illustration: GOAT'S HAIR + + A. Apex of Fibre. + B. Root. + C. Fibre showing central canal or medulla.] + +[Illustration: COW'S HAIR + + A and B. Fibres showing central canal or medulla. + C. Apex of Fibre. + +_By kind permission of Messrs. Scott Greenwood & Co._] + +He prepared a 20 per cent. aqueous extract from the flesh of seven +different species of animals, and injected small proportions of these +beneath the skin of rabbits at intervals of three days. After a month the +animals were killed, and the serum of the blood separated in a centrifugal +machine. + +In each case the specific sera were added to the clear filtered aqueous +extracts of the flesh of the respective animals, and the tubes examined +after the lapse of a specified time. + +It was found that the sera only gave a turbidity or precipitate with the +corresponding extracts. Thus the serum from the rabbit which had been +treated with an extract of horseflesh only gave a reaction with +preparations of horseflesh, and not with those of venison, beef, mutton or +pork. In like manner, the serum from a rabbit that had been treated with +an extract of rabbit's flesh, only reacted with extracts of rabbit's +flesh, and not with those prepared from the flesh of cats, horses, or +other animals, and so on. + +In the case of mixtures the specific sera only reacted with extracts of +the flesh of the two animals in question. Thus a rabbit treated with an +extract from a mixture of the flesh of a hare, cow, deer, and pig, yielded +a serum giving a precipitate with the extracts of the flesh of each of +those animals, but not with that from any other animal. + +It was not long before the possibility of using the method to distinguish +between the blood of different kinds of animals suggested itself, and it +was shown by Dr. de Nobel in 1902, that by treating a mouse or rabbit with +any fluid, such as blood serum or saliva from a human body, it eventually +produced a serum that would give a precipitate with human blood, but not +with the blood of different species of animals. + +Reactions were also obtained with old human blood. Thus stains on linen +from several days to two months in age, when treated with dilute solutions +of common salt gave a solution which yielded a precipitate with the +prepared rabbit's serum. No reaction was obtained, however, with the +preparation from a blood-stain nine years old or with that from blood +which had been dried in a high temperature. + +It was also found that the specific sera could be evaporated in a vacuum +without losing their activity, and that the dried residues could be +preserved in sealed tubes in the dark, and mixed with water when required +for use. + +Other investigators showed that it was possible to separate the active +agent by adding magnesium sulphate to the serum, and that the precipitate +could be dried and kept for a long period. By dissolving it in water at +any time a liquid with the specific properties of the original serum could +then be obtained. + +Later work has shown that this serum test is not quite so absolute as was +at first believed. Thus, if the blood serum to be tested be used in too +concentrated a form it may give a reaction with a serum that is not +specific to it, though even in that case the precipitate will only appear +slowly and its amount will be insignificant in comparison with that +obtained when the two liquids correspond. + +The error is obviated by using extremely dilute solutions for the test, +and when proper precautions are taken a solution of normal blood serum +containing one part in 1,000 invariably gives a reliable reaction with its +corresponding prepared serum. In more concentrated solutions there is an +abundant deposit at the bottom of the tube within thirty minutes, whereas +in the case of sera, which are not specific to the prepared serum, the +formation of precipitate does not begin until the tube has stood for an +hour or more. + +[Illustration: FIBRES OF CHINESE SILKS, SHOWING CROSS SECTION] + +[Illustration: KANGAROO'S HAIR] + +[Illustration: HUMAN HAIR] + +[Illustration: A. Hair of a Cat + +B. Hair of a Dog + +_By kind permission of Messrs. Scott Greenwood & Co._] + +An interesting exception to the rule is that the serum from the blood of +anthropoid apes gives a pronounced reaction with serum that has been made +specific for human blood, and _vice versa_. + +As it is not possible to carry out control tests with an indefinite number +of animals a positive result obtained in the examination of a particular +stain justifies a report that the blood was (_e.g._) probably human blood +and certainly not that of any common domestic animal. + +On the other hand, the results of a negative test justify a much more +positive statement. + +Thus on the first occasion in which evidence was given as to the results +of this test, which was in a criminal case in France in 1902, the prisoner +had asserted that certain incriminating stains had been caused by the +blood of a rabbit. + +A serum specific for rabbit's blood serum was therefore prepared, and the +stains dissolved and tested as described above. No sign of precipitate was +obtained within thirty minutes after applying the test and evidence was +therefore given that the stain certainly did not consist of rabbits' +blood. On the other hand, a serum made specific for human blood gave an +immediate precipitate with the solution of the stain, which, therefore, in +all probability consisted of human blood. + +Although this method of testing blood-stains has been used on the +Continent for several years, it is only within the past twelve months that +it has been employed in a criminal case in this country. + +Apparently the first occasion was in the recent trial of Mark Wilde for +the murder of Mr. George Storrs, a mill-owner, at Gorse Hall. Evidence was +given that old stains were present upon the outside of the sleeve of the +prisoner's blue serge coat, although they were not visible to the naked +eye. These were found to consist of mammalian blood, and the serum test +for human blood gave a positive reaction. It was, of course, impossible to +form any idea as to the age of the stains, and the witness, Dr. Wilcox, +refused even to give an estimate upon this point. + +A simple method of applying the serum test has recently been discovered. A +small quantity of human serum is placed into a series of tubes, and into +each of these is next introduced one drop of the fresh blood of different +animals diluted with salt solution, or of the dried blood dissolved in +that liquid. + +The tubes are now allowed to stand for thirty to forty-five minutes and +are then examined. If in the case of the blood of unknown origin there is +a faint red precipitate (of coagulated blood) leaving the upper liquid +quite clear, the blood is of human origin. + +On the other hand, the blood of other species of animals will have +dissolved in the human serum, colouring it red. + +[Illustration: RABBIT'S HAIR] + +[Illustration: HORSE HAIR + +_By kind permission of Messrs. Scott Greenwood & Co._] + +If the tubes are charged in the first place with the blood of the horse, +ox, or other animal, the corresponding blood is coagulated, while that of +any other animal dissolves. In this way it is possible to apply the +physiological test without the necessity of preparing a special serum by +inoculation. + + * * * * * + +From time to time in criminal trials, the latest instance being in the +Crippen case, the question occurs whether a given specimen of hair is of +human origin or has been derived from an animal. Thanks to the pronounced +difference in appearance shown by hairs of different origin when viewed +under the microscope there is no difficulty in giving a positive answer to +this question. + +Human hair is characterised by being fairly uniform in diameter throughout +most of its length and then tapering gradually to a fine point. The hair +of an infant has very few scales upon its surface, and these stand out +prominently, but in the case of an adult the scales are very numerous and +appear closely pressed against the axis of the fibre. Another peculiar +point of difference between the hair of a young child and that of a +full-grown person is that in the case of the former there are some +particulars in which the hair resembles that of certain animals. Thus it +has a jointed appearance recalling to some extent the structure of the +fibres of merino wool. + +In the hair of many animals the medulla, or central canal, is plainly +visible under the microscope, but such medullated fibres are apparently +not formed in the case of human hair. + +As the hair of many domestic animals might on superficial examination be +mistaken for human hair, it is essential to take note of the +characteristic differences, some of which are shown in the accompanying +figures. + +Three types of hair are found upon the cow, viz.: thick beard hairs, +showing a medulla, soft woolly hairs, and fine beard hairs, both of which +are without a medulla. In those fibres in which it is present the medulla +is very pronounced and tapers towards the apex. The hair of the calf has +the same structure as that of the cow. + +Horse-hair is characterised by its lustrous cylindrical appearance. The +commercial fibre is mainly derived from the mane and tail, and is much +thicker and stiffer than the hairs from the body, which are those most +likely to be met with in criminal investigations. As a rule, the latter +are less than an inch in length, and the medullary canal is well marked. + +In rabbit's hair the medulla is also very pronounced and is characterised +by its structure of curious quadrilateral cells, which may either form a +single row or increase to four or eight rows as the hair becomes wider. On +the surface of the hair are numerous scales which fit into one another +after the manner of the joints in a bamboo cane. + +The chief commercial use of the rabbit's hair, which is usually about half +an inch in length, is the manufacture of linings for hats. + +The hair of the cat has a superficial resemblance to that of the thinner +hairs of the rabbit. The medullary canal is very prominent, and occupies +more than half of the fibre. It is made up of a single series of +quadrilateral cells, but unlike the cells in rabbit's hair, these may form +additional layers in the thicker parts of the hair. The hair is generally +a little over half an inch in length, and tapers to a fine point. + +[Illustration: WOOL FIBRES + +From different breeds of Sheep + +_By kind permission of Messrs. Scott Greenwood & Co._ + + (IRISH WETHER) + (NEW ZEALAND) + (NORTH HOG) + QUEENSLAND SHEEP + (LINCOLN WETHER) + (ARGENTINE CROSS BREED)] + +Dog's hair differs from the hair of the cat both in size and appearance. +It is about three times as wide, while the medullary canal only occupies +about one quarter of the diameter of the fibre. The surface of the hair is +covered with characteristic scales, the edges of which project, so that +the edge of the fibre has a saw-like appearance. + +The accompanying plate shows hair taken from a Pekin spaniel and Persian +kitten, and drawn to the same scale of magnification (104 diameters). + +In the hair of the kangaroo the serrated edge of the fibres, due to +projecting scales, is much more pronounced than in dog's hair. The medulla +is well marked, but lacks the cellular structure to be seen in the hair of +the cat and rabbit. + +Goat's hair could not possibly be mistaken for human hair under the +microscope. It has a root of characteristic appearance, and shows a +well-marked medulla containing a structure of narrow cells. + +Towards the middle the hair becomes very narrow, but expands again and +reaches its greatest diameter a little before the point. + +Sheep's wool is characterised by its surface structure of scales, the +arrangement of which differs in the wool from different breeds of sheep. +In some of the fibres the medullary canal is very manifest. Typical fibres +of sheep's wool are shown in the figures. + +It is often necessary to distinguish between fabrics of cotton, linen, +silk and wool, and in such cases the microscopical appearance of the +fibres is invaluable as a preliminary test. Cotton is characterised by its +curious corkscrew-like twists, and linen by its jointed structure, while +silk has a long smooth cylindrical fibre, devoid of scales and showing +little sign of structural formation. + +In criminal cases neither cotton nor silk are likely to be claimed as +human hair, although one may easily conceive the possibility of occasions +arising where the composition of a peculiar material was a point of the +utmost importance. + +[Illustration: COTTON FIBRES] + +[Illustration: FLAX FIBRES + +_By kind permission of Messrs. Scott Greenwood & Co._] + + + + +CHAPTER XIII + +EARLY POISONING TRIALS + + Murder of Sir T. Overbury--Mary Blandy--Katherine Nairn + + +Merely to mention the word "poisoner" calls up a long succession of +notorious crimes of the past, not to speak of the still more frequent +cases where poisoning was suspected, though probably, often enough, with +but little justification. Less than three centuries ago the fact that +illness and death had come suddenly to any well-known person, was often +sufficient to raise the whisper of suspicion; and any disease that did not +yield to the favourite treatment of bleeding, and for which the physicians +were for the moment unable even to find a name, was sure to be attributed +by popular gossip to the action of poison or witchcraft, or of both. + +The mysterious effect of certain substances upon the animal system and the +fact that a knowledge of the nature of poisonous herbs was part of the +lore of the old women who dealt in love-philtres, fully explains this +association of poison with black magic. + +In one of the earliest trials for poisoning of which we have any detailed +account--that of Richard Weston in 1615--this belief in the miraculous +power of the poisoner was present in the mind of the Lord Chief Justice +(Coke) when in his charge to the grand jury he said that "The devil had +taught divers to be cunning in poisoning so that they can poison in what +distance of space they please by consuming the _calidum_ or _humidum +radicale_ in one month, two, or three or more as they list; which they +four manners of ways do execute (1) _gustu_; (2) _haustu_; (3) _odore_; +(4) _contactu_." + +Again, in the trial of Anne Turner, also for the murder of Sir Thomas +Overbury (1615), evidence was given that she was in possession of +parchments, some of which contained the names of the blessed Trinity; +others on which were written + B + C + D + E; and another with a figure in +which was inscribed the word "corpus," and to which was fastened a little +piece of the skin of a man. "In some of these parchments were the names of +devils who were conjured to torment the Lord Somerset and Sir A. +Mainwaring if their loves should not continue--the one to the Countess and +the other to Mrs. Turner." + +Reading over the evidence of this trial one can hardly doubt but that this +alleged sorcery had considerable weight in the conviction of Anne Turner; +for, as will be shown presently, there was no conclusive evidence of +poison having been given at all. + +The widespread hatred of witchcraft and the readiness with which any +evidence of this description was accepted as a proof of poisoning, must +have rendered it almost impossible for an unpopular character to be +acquitted when accused of poisoning anyone. + +The belief in witchcraft was very general in the seventeenth century, and +medical men were even called in to give their expert opinion on behalf of +the prosecution in the trials of those charged with being witches. + +The most striking instance of this kind was at the trial of the Suffolk +witches in 1665, before Sir Matthew Hale, Baron of Exchequer. It was +alleged that the two women, Rose Cullender and Amy Duny, of Lowestoft, had +bewitched a number of children with whose parents they had had disputes. +The children, according to the evidence of various witnesses, had been +afflicted in different ways, being sometimes blind, or deaf, or lame, and +then suddenly recovering. And, in particular, it was stated that they +would go into fits and after every fit would vomit crooked pins or +twopenny nails with broad heads. + +[Illustration: ANNE TURNER] + +Mr. Sergeant Keeling, who was present, was not satisfied with this +evidence and considered that it was not sufficient to convict the +prisoners. + +Dr. Browne, of Norwich (the Sir Thomas Browne whose fame rests upon his +_Religio Medici_), was then asked to state what he thought of the +evidence, and said that he was clearly of opinion that the persons were +bewitched. + +He said further "That in Denmark there had been lately a great discovery +of witches, who used the very same way of afflicting persons by conveying +pins into them, and crooked as these pins were, with needles and nails. +And his opinion was that the devil in such cases did work upon the bodies +of men and women, upon a natural foundation (that is) to stir up and +excite such humours super-abounding in their bodies to a great excess, +whereby he did in an extraordinary manner afflict them with such +distempers as their bodies were most subject to, as particularly appeared +in these children; for he conceived that these swooning fits were natural, +and nothing else, but only heightened to a great excess by the subtlety of +the devil, co-operating with the witches, at whose instance he doth these +villainies." + +This evidence is quoted at length, as showing the opinion of scientific +men of that time upon the subject of witchcraft. It had great weight with +the jury, and helped to make up for the lack of any real evidence against +the poor women. + +Further evidence was given "that at the least touch of one of these +supposed witches, Rose Cullender by name, the children would shriek out, +opening their hands, which accident would not happen by the touch of any +other person." + +A test was therefore applied in court, and a number of those present were +directed by the judge "to attend one of the distempered persons in the +further part of the hall, while she was in her fits, and then to send for +one of the witches to try what would happen, which they did accordingly: +and Amy Duny was conveyed from the bar and brought to the maid: they put +an apron before her eyes, and then one other person touched her hand, +which produced the same effect as the touch of the witch did in the court. +Whereupon the gentlemen returned openly protesting that they did believe +the whole transaction of this business was a mere imposture." + +But even this test, which was plain proof of imposture, was distorted into +evidence against the witches, and Mr. Pacy, the father of one of the +children, declared "That possibly the maid might be deceived by a +suspicion, that the witch touched her when she did not," and that she +apprehended that the person who had done her this wrong was near. + +Additional evidence was afterwards brought to prove other acts of +witchcraft by the prisoners. The judge, in giving his direction to the +jury, did not attempt to deal with the evidence "lest by so doing he +should wrong the evidence on one side or other," but contented himself +with pointing out that there were such creatures as witches, as was shown +by the Scriptures and the laws made by all nations against such persons. + +The jury retired, and after deliberating for about half an hour, found +both prisoners guilty, and the judge sentenced them to be hanged. They +were repeatedly urged to make a confession, but were executed without +having done so. + +Campbell writing of this trial says: "Hale's motives were most laudable; +but he furnishes a memorable instance of the mischiefs originating from +superstition. He was afraid of an acquittal or a pardon, lest countenance +should be given to a disbelief in witchcraft, which he considered +tantamount to a disbelief in Christianity. The following Sunday he wrote a +'Meditation concerning the mercy of God in preserving us from the malice +and power of Evil Angels' in which he refers with complacency to the trial +over which he had presided at Bury St. Edmunds." + +Towards the end of the seventeenth century the belief in witchcraft became +less general, and the last trial in this country took place in 1712 at the +Hertford Assizes, when the prisoner was convicted but not executed. It was +not until 1821, however, that the statute with regard to witchcraft was +repealed in Ireland. + +After the beginning of the eighteenth century there does not appear to +have been any attempt made to prove the use of the powers of witchcraft in +poisoning trials, and the evidence as to poisoning gradually became of a +more convincing character than it was, for instance, in the series of +trials of the murder of Sir Thomas Overbury in 1615 in the Tower of +London, to which reference has already been made. + +The prisoners in these trials included Anne Turner, Richard Weston, +Franklyn, Sir Thomas Elwes (the Lieutenant of the Tower), and the Countess +of Somerset. + +It was alleged that the Countess of Somerset resented the interference of +Sir Thomas Overbury, then a prisoner in the Tower, in her matrimonial +schemes, or as Franklyn put it in his evidence: The Countess had told him +that Sir Thomas Overbury "would pry so far into their affairs that it +would overthrow them all." + +Richard Weston, who had been an apothecary's man but had afterwards become +under-keeper to the Lieutenant of the Tower, was arraigned on the charge +that "he did obtain at the Tower of London certain poison of green and +yellow colour called rosalgar (knowing the same to be deadly poison), and +the same did feloniously and maliciously mingle and compound in a kind of +broth which he did deliver to the said Sir T. Overbury with intent to kill +and poison." + +He was also accused of giving on other occasions poisons called "white +arsenick" and mercury sublimate, which he "put and mingled" in tarts and +jellies. + +Weston refused to answer, and stood "mute on God," until it was pointed +out by the Lord Chief Justice (Coke) that refusing to speak was punishable +by the rack, exposure and starvation, and would have the same consequence +as a conviction by a verdict or by confession. + +Anne Turner, who was tried as one of the accomplices, was the widow of a +physician, and a friend of the Countess. She pleaded "Not guilty" to the +charge. + +The evidence as to sorcery used by her has already been mentioned, but the +chief witness against her was James Franklyn, who made the following +confession:-- + +"Mrs. Turner came to me from the Countess and wished me from her to get +the strongest poison I could for Sir T. Overbury. Accordingly I bought +seven, viz.: Aqua fortis, white arsenick, mercury, powder of diamonds, +lapis costitus, great spiders, and cantharides. All these were given to +Sir T. Overbury, and the Lieutenant knew of these poisons. + +"Sir T. Overbury never eat white salt but there was white arsenick put +into it. Once he desired pig, and Mrs. Turner put into it lapis costitus. +At another time he had two partridges sent him from the Court, and water +and onions being the sauce, Mrs. Turner put in cantharides instead of +pepper, so that there was scarce anything that he did eat, but there was +some poison mixed. For these poisons the Countess sent me reward. She +afterwards wrote unto me to buy her more poisons." + +It is obvious from this confession that the poisons supplied had no power, +and it would seem that Franklyn was making an income for himself by +supplying harmless preparations for the poisons for which he was being +paid. + +As far as it is possible to judge by reading the evidence there was proof +that attempts had been made to poison Sir Thomas Overbury, but no proof +that any poison was ever given to him. + +However, the evidence appears to have been quite sufficient to convict the +prisoners. In passing sentence upon Anne Turner the Lord Chief Justice +informed her that she had been guilty of the seven deadly sins, and that +as she was the inventor of that horrid garb, the yellow tiffany ruffs and +cuffs, he hoped she would be the last by whom they would be worn. + +To this end he ordered that she should be hanged in that garb she had made +so fashionable. This was duly done, while as a further condemnation of the +fashion to which the judge had taken exception the hangman wore yellow +bands and cuffs. + +It is said that the fashion of wearing yellow starched linen died with +her. + +After the execution of Mrs. Turner and Weston came the trial of Franklyn, +who confessed that poison had not been the cause of Overbury's death. + +Weldon, who in 1755, published a history of the Kings of England describes +how Franklyn and Weston "came into Overbury's chamber and found him in +infinite torment with the contention between the state of nature and +working of the poison, and it had been very like that nature had got the +better in that contention ... but they, fearing it might come to light by +the judgment of physicians that foul play had been offered him, consented +to stifle him with bed-clothes, which accordingly was performed. And so +ended his miserable life, with the assurance of the conspirators that he +died of poison, none thinking otherwise but these two murtherers." + +The account given by Weldon of the manner in which the Lord Chief Justice +received this confession is well worth quoting: "And now poor Mrs. Turner, +Weston and Franklyn began the tragedy. Mrs. Turner's day of mourning being +better than her life, for she died very penitently and showed much modesty +in her last act. After that died Weston, and then was Franklyn arraigned, +who confessed that Overbury was smothered to death not poisoned to death, +though he had poison given him. + +"Here was Coke glad to cast about to bring both ends together, Mrs. Turner +and Weston being already hanged for killing Overbury by poison, but he +being the very quintessence of the law presently informed the jury that if +a man be done to death with pistol, poinard, sword, halter, poison, etc., +so he be done to death, the indictment holds good, if but indicted for one +of those ways; but the good lawyers of those times were not of that +opinion, but did believe that Mrs. Turner was directly murthered by Lord +Coke's law as Overbury was without any law." + +After the trial and execution of the minor prisoners came the trial of the +Countess of Somerset, the instigator of the crime, before the House of +Peers. + +The Clerk of the Crown asked her, "Frances Countess of Somerset, art thou +guilty of the felony and murder, or not guilty?" + +And she, making obeisance to the Lord High Steward, answered "Guilty," in +a low timid voice. + +The Attorney-General, Sir Francis Bacon, then praised King James in a +fulsome manner, and held out hopes of pardon to the prisoner. The Lord +Chief Justice Coke also talked in servile terms of the king, whose +instructions for the investigation of the murder, he declared, "deserved +to be written in a sunbeam." + +The Clerk of the Crown now asked the Countess "if she had any cause to +allege why sentence of death should not be passed upon her." + +To this the prisoner replied in a low voice, which only the +Attorney-General heard, "I can much aggravate, but cannot extenuate my +fault. I desire mercy and that the lords will intercede for me to the +king." + +An officer of the Crown then presented the white staff to the Lord High +Steward, and sentence of death was passed. + +The Lord High Steward (Chancellor Ellesmere) now addressed the weeping +prisoner in the following words: "Since the lords have heard with what +humility and grief you have confessed the fact, I do not doubt they will +signify so much to the king, and mediate for his grace towards you." + +The next day the Earl was tried and was found guilty, but both he and the +Countess received only nominal punishment. It was alleged that this +leniency to the Earl and Countess was due to King James himself having +been cognisant of the plot to kill Overbury. + +The trial of Mary Blandy, in 1752, at the Oxford Assizes for the murder of +her father is remarkable as being the first one of which there is any +detailed record, in which convincing scientific proof of poisoning was +given. + +Mr. Blandy, who was an attorney at Henley-on-Thames, was extremely fond of +Mary, his only daughter, and according to the story told by the +prosecuting counsel at the trial, "had pretended that he could give her +£10,000 for her marriage portion in hopes that neighbouring gentlemen +would pay their addresses. But this pious fraud, which was intended for +her promotion, proved his death and her destruction." + +A Captain Cranstoun, who was recruiting at Henley, hearing she was to have +£10,000 fell in love, not with her, but with her fortune, and concealed +from her the fact that he already had a wife. + +The father having heard rumours of the bad character of Cranstoun, refused +to let his daughter have anything to do with him. She continued to see +him, however, and listened to his proposal to get the father out of the +way as soon as possible, so that he might get possession of the £10,000 of +which the poor man had unfortunately said he was possessed. + +In August, 1750, Mary Blandy began to prepare people for the death of her +father by giving out that she had heard music in the house, this being +looked upon as a certain portent of death. + +Then Captain Cranstoun sent her a present of Scotch pebbles and enclosed +with them a packet of a white powder which she was to put into her +father's food. + +She gave him some of this, which made him very ill, but as he recovered, +Captain Cranstoun sent her more powder, and some of this she put into his +gruel with the result that he again became violently ill, and died with +symptoms suggestive of arsenical poisoning. + +Before his death he was told that Mary had been putting poison into his +food, and only said, "Poor love-sick girl. What won't a girl do for a man +she loves? I forgive her: I always thought there was mischief in these +cursed Scotch pebbles!" + +The scientific evidence at this trial was given in a very convincing +manner by a Dr. Addington, who had attended the poisoned man and had +examined the body and tested the white powder that had been sent by +Captain Cranstoun. He stated that this was arsenic, and that he had found +the same poison in Mr. Blandy's gruel. + +When asked in cross-examination why he believed this to be white arsenic +he described the different tests he had applied to this powder and to a +sample of pure white arsenic that he had purchased, and showed how the +same results were obtained in each case, and concluded with the remark: "I +never saw any two things in nature more alike than the decoction made with +the powder found in Mr. Blandy's gruel and that made with white arsenic." + +The judge in his summing up to the jury remarked that the case was one +which was to be made out by circumstances. A great part of the evidence +rested upon presumption, and if the jury regarded the presumption as a +violent one, that is to say, one where the circumstances spoke so strongly +that to suppose the contrary would be absurd, that amounted in law to +full proof. + +The jury, after deliberating for five minutes, found the prisoner guilty. +She was executed on April 6th, and left a written confession in which she +stated that she had not been aware that the powder she had given to her +father was in any way noxious or poisonous. + +Cranstoun was subsequently prosecuted and outlawed for his share in the +murder. + +If the scientific evidence in this early trial was a model of what such +evidence should be, the same can hardly be said of that given at the trial +of Katharine Nairn and Patrick Ogilvie at the High Court of Edinburgh in +August, 1765, for the murder of Thomas Ogilvie, the husband of Katharine. +They had only been married in January of that year, and it was at about +the same time that Patrick Ogilvie, who was a lieutenant in the army, had +returned from abroad. Almost immediately he supplanted his brother in the +affections of his wife, and, a quarrel taking place between the two men, +Patrick was forbidden to come to the house. Shortly afterwards the husband +died, having shown symptoms of irritant poisoning. + +According to the story of the prosecution, Katharine told a woman named +Clark, who lived in the house with them, that Patrick had undertaken to +procure poison for her, and that she was going to give it to her husband. + +An unsigned letter to Patrick Ogilvie, alleged to be in the writing of +Katharine, with reference to the poison, was put in as evidence. + +Testimony was also given by a surgeon of Brechin that Lieutenant Ogilvie +had obtained from him a small phial of laudanum which he said he required +for his own health, and also half an ounce of powdered arsenic for the +alleged purpose of killing some dogs that destroyed his game. + +These he had sent to Katharine, who was believed to have put the arsenic +in her husband's tea. + +The defence was that the deceased had died a natural death, and that +Katharine Nairn was in the habit of taking small doses of laudanum and of +salts for her health. Expert evidence was given on her behalf by a Dr. J. +Scott to the effect that "he had made experiments upon arsenic and knew +well that it would not dissolve in warm water." + +The evidence, which by the way is incorrect, went to prove that even if +arsenic had been introduced into the tea it could not have caused death by +poisoning. + +A surgeon also gave evidence that the symptoms might have arisen from +natural causes. + +For the prosecution no proof of the powder being arsenic or that the +husband had really died of arsenical poisoning was given, and no +post-mortem examination was made. + +The counsel for the defence put the position in the following form: "The +incest is supposed to be certain because the husband is supposed to have +been poisoned; and, on the other hand, the man is believed to have been +poisoned, because there is supposed proof of incest." + +Both prisoners were found guilty and sentenced to death, but the execution +was delayed pending an appeal to the Privy Council in London. The +sentences were confirmed and Patrick Ogilvie was executed in November, +but Mrs. Ogilvie, who was expecting the birth of a child, was kept in +prison. A daughter was born early in 1766, and Katharine Nairn managed to +escape from prison in March of that year. + +The trial curiously foreshadowed the trial of Mrs. Maybrick a century +later in many of its features, and, as in the modern case, convincing +proof of guilt was wanting. + + * * * * * + +The question whether a particular substance is or is not a poison has +frequently been raised in a court of justice, and on several occasions a +prisoner has owed his acquittal to a conflict of scientific opinion upon +the point. + +This was the case in a trial that took place in 1836, at the Norwich +Assizes, when two farm labourers were charged with having attempted to +poison a fellow farm servant, by putting "a deadly poison," blue vitriol +(copper sulphate), into a glass of milk. The man noticed that the milk had +a metallic taste and only drank a portion of it; but this was sufficient +to make him ill for a short time. On the milk being examined it was found +to contain copper sulphate, and suspicion pointed to its having been +doctored by the prisoners. + +The counsel for the defence raised the objection that the accused were +indicted for having administered a "deadly" poison, and that medical +opinion did not hold that blue vitriol was a deadly poison. + +A medical witness called on behalf of the prosecution stated that he +considered that copper sulphate was a deadly poison, but at the same time +admitted that he had no experience of any case of poisoning in which that +salt had been taken. + +On the other hand, another doctor asserted that in his opinion the +substance was not poisonous, and pointed out that it was not sold as a +poison. + +The judge, taking into account this conflict of opinion, decided that the +matter was doubtful and the prisoners were acquitted. + +In the Offences Against the Person Act of 1861 it is provided that any +attempt to administer any poison or other destructive thing to any person +whether bodily injury be effected or not is guilty of a felony. + +As copper sulphate, when taken in quantity, will certainly cause bodily +injury, the case tried in 1836 at Norwich, would now probably be decided +differently, even though no bodily harm had actually been caused. + +This is borne out by the trial of Cluderay, on the charge of attempted +poisoning by administering pods of _coculus indicus_. + +No harm had resulted to the intended victim owing to the fact that +although the berries themselves are poisonous, the pod in which they are +contained is insoluble when swallowed, and this prevents the berries from +producing their toxic effects upon the system. + +It was decided by the judge, however, that the giving of the entire pod +was an administration of poison within the meaning of the Act. + +It is not an easy matter to find a suitable definition for a poison. +According to Taylor it is "a substance which, when taken into the mouth or +stomach, or when absorbed into the blood is capable of seriously +affecting health or of destroying life by its action on the tissues with +which it immediately, or after absorption, comes into contact." + +As applied to criminal cases this definition is obviously open to +criticism, for it is applicable to a substance such as coffee which, when +taken in excess, will "seriously affect the health." Some reference to the +quantity is therefore needed. A drug, such as morphia, may be of benefit +when given in small doses, but becomes a poison when given in large +quantity. In the case of Cluderay, however, it could hardly be contended +that the administration of entire coculus pods, although not producing +injurious results, could in any way be beneficial. + +The trial of Tawell at the Aylesbury Assizes in 1845, on the charge of +murdering Sarah Hart at Slough, presented several points of scientific +interest. + +The manner in which the electric telegraph was employed in effecting his +capture has been described in another place. + +At the trial Tawell denied that he had ever been to Slough at all, but the +woman who had heard the screams of the victim had seen and spoken with +him, and swore positively to his identity. + +It was proved that on the day of the murder Tawell had bought some +Scheele's prussic acid in London, but he accounted for this by the fact +that he was constantly in the habit of buying the poison for external use. + +In the cottage, where the woman was found lying dead when the doctor +arrived, were two empty tumblers and a bottle of porter, while a small +amount of prussic acid was found in the stomach of the woman. + +The counsel for the defence urged that there was no proof that the woman +had died from the effects of prussic acid and that some sudden emotion +might have been the cause of death. + +As to the prussic acid found in the body, he suggested that it might have +been derived from apple-pips eaten by the deceased. + +Chemical evidence, however, was brought forward to prove that prussic acid +could not have been formed as suggested in the process of digestion, and +the only result of this novel defence was that for long afterwards the +barrister was known as "Apple-pip Kelly." + +In his summing up of the evidence the judge, Baron Parker, said with +reference to one of the contentions of the prisoner's counsel: "If the +evidence satisfies you that the death was occasioned by poison, and that +poison was administered by the prisoner it is not necessary to give direct +and positive proof of what is the quantity which would destroy life, nor +is it necessary to prove that such quantity was found in the body of the +deceased, if the other facts lead you to the conclusion that the death was +occasioned by poison and that it was knowingly administered by the +prisoner." + +Referring to the argument that there was no proof that the deceased might +not have died from the effect of a sudden emotion he pointed out that they +were not to have recourse to mere conjecture; that where the result of the +evidence gave them the existence of a cause to which the death might be +rationally attributed they were not to suppose without a reason for doing +so, that it was to be attributed to any other cause. + +As has already been mentioned, the evidence convinced the jury of the +guilt of the prisoner, and he was sentenced to death. + + + + +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. + + +The use of poisons but little known at the time has generally been due to +a special knowledge of their properties on the part of the poisoner, who +has hoped in this way to escape detection, and, in fact, has often done +so. + +Arsenic, which has always been a favourite with ignorant poisoners, is +cumulative in its action, and remains in the system for a long time after +it has been taken. It has a remarkable preservative effect upon the +tissues, which it will keep for an indefinite length of time from +decomposition. There is, therefore, little difficulty in detecting and +identifying it in a body years after a crime has been committed. + +The effect of antimony is very similar, and it was owing to this fact that +it was possible in the Chapman poisoning case to prove that some of the +victims had been poisoned with antimony. + +Organic poisons such as prussic acid and vegetable alkaloids are much less +stable in character, though they are not so fugitive as some poisoners +have supposed, and the presence of alkaloidal poisons in the system has +been proved months after death. + +In the celebrated Palmer case, to which reference has already been made, +Palmer, who was a doctor, made use of strychnine, and, although he was +convicted upon the medical and other evidence, Taylor, the official +analyst, was unable to detect the poison in the remains. On these grounds +and the evidence of other chemists who asserted that they could detect the +slightest trace of strychnine, and that had that poison been given it must +have passed into the system, the defence was set up that no strychnine had +been given, and that the prisoner was entitled to an acquittal. + +All that can be fairly deduced from the chemical evidence, however, is +that no very large amount of strychnine was present, and that the method +of separating alkaloids used by Taylor half a century ago was not capable +of detecting traces of strychnine. So far, then, as regards chemical +analysis, Palmer had succeeded in administering a poison in sufficient +quantity to kill, but to escape detection. + +With the more delicate methods of analysis now at the disposal of the +chemist this would no longer be possible, for it has been repeatedly +proved that it is possible to detect a minute trace of that alkaloid in +the body many months after death. + +The other details of this case are interesting as forming a very complete +chain of evidence. + +Palmer, as has been mentioned, was a medical man living at Rugeley, where +he had formerly had a practice. For some time prior to the trial he had +given up medicine and devoted himself to horse-racing, with the result +that he had lost heavily, and by the summer of 1855 owed about £20,000, +which he had borrowed at an exorbitant rate of interest from different +moneylenders. + +As security for these amounts he had given promissory notes, in which he +had forged the signature of his mother. It was his intention to have paid +the most pressing of his creditors out of the proceeds of an insurance +upon the life of his brother, who died in August of the same year. + +The insurance company, however, from certain circumstances that had +reached their ears, had a suspicion of fraud in connection with this +policy, and refused to pay the sum insured. + +The holders of the bills, therefore, prepared writs against Palmer and his +mother, which were to be issued unless they received the promised money, +and it was, therefore, a matter of urgency for Palmer to find a means of +satisfying them. + +Early in November he went to some races at Shrewsbury in company with a +young man named Cook, and the latter won between £2,000 and £3,000, some +£800 of which he received upon the race-course, leaving the balance to be +paid in London. + +To celebrate the occasion, Cook asked a number of his friends to dine with +him at the hotel in Shrewsbury. That evening Palmer was observed holding a +tumbler up to the light outside his bedroom, and he then went into the +other room where Cook was talking to his friends. + +After drinking some brandy, Cook became violently ill, and a doctor was +sent for. Cook said he had been given something by Palmer, and gave his +money into the charge of one of his friends, who next day returned it to +him. + +Notwithstanding his suspicions, Cook returned with Palmer to Rugeley, and +put up at an inn there near Palmer's house. He was there visited several +times by Palmer, who gave him coffee and broth, both of which made him +violently sick. He was attended by a local medical man, who was very old, +and, acting on Palmer's suggestion, this doctor prescribed morphine pills +for the sick man. + +Palmer went with the doctor to his surgery, helped him in the preparation +of the pills, and undertook to see that the patient took them. Accordingly +he went round to the inn the same night, and persuaded Cook, who was +unwilling to have anything to do with them, to take the pills. Within +fifteen minutes he had died, after showing all the symptoms of strychnine +poisoning. + +After Cook's death, his stepfather came to Rugeley, and made inquiries as +to the cause of death. Certain circumstances drew suspicion upon Palmer, +and this was strengthened when it was found that on several occasions he +had bought strychnine, and that immediately after Cook's death he had been +seen examining his pockets and searching under the pillow of the bed. + +When asked whether there were not some sporting debts due to Cook, he +denied that there were any, and it was significant that the betting book +of the deceased man had disappeared. + +It was further discovered that Palmer had since the death paid over +considerable sums of money to his creditors, and that he had induced the +old doctor who had been in attendance upon Cook to sign a certificate +giving apoplexy as the cause of death. + +A post-mortem examination was held, at which Palmer, although under +suspicion, was allowed to be present. When the portion of the stomach was +sealed up in a bottle, Palmer removed it to another part of the room while +the attention of the doctors was otherwise occupied, and it was found that +he had cut two slits in the parchment cover, and had attempted to get rid +of the contents. Subsequently he offered a bribe of £10 to the driver who +was to take the doctors to the station if he would upset the carriage and +break the jar. + +The evidence of the doctors called by the Crown left little doubt as to +death having been caused by strychnine poison, and although a number of +medical men gave evidence on behalf of Palmer, their opinions were +conflicting and inconsistent, and, as the judge pointed out, were +obviously aiming at an acquittal at all cost. + +After a trial lasting twelve days, the judge (Lord Campbell) summed up the +evidence, and dwelt in strong terms upon the scientific witnesses for the +defence (see _ante_, p. 19). With reference to the fact that no strychnine +had been detected in the body, he remarked that "there was no rule of law +according to which the poison must be found in the body of the deceased, +and all they knew respecting the poison not being found in the body was +that in that part of the body that was analysed by the witnesses no +strychnia had been found." + +Since physiological tests are, in many cases, much more sensitive than +chemical tests, they have often been used for the identification of traces +of poison isolated from a body. Thus a small quantity of a particular +alkaloid will produce certain characteristic physiological results when +injected into the circulatory system of a small animal, and should +precisely the same results be obtained by the injection of the unknown +substance, the obvious inference to be drawn is that the two substances +are identical. + +At the same time it has been shown on more than one occasion that it is +not justifiable to draw a comparison between the quantitative action of a +particular poison upon an animal and upon man. + +As an instance of the danger of relying too exclusively upon the results +of experiments upon an animal, the interesting case of Freeman, who was +tried at Leicester in 1829, may be mentioned. A young woman, the servant +of a chemist in the town, was found dead in bed. She had evidently died +from the effects of prussic acid, and from the fact that the one ounce +bottle from which the poison had been taken still contained three and a +half drachms, it was inferred that she had taken four and a half drachms. + +Owing to the facts that the arms of the dead woman were crossed upon her +breast, and that the clothes had been pulled up neatly over them, while +the bottle containing the remainder of the poison had been re-corked and +was lying by her side, it was thought that it was not a case of suicide, +but that the poison must have been given to her. + +Suspicion fell upon a young man named Freeman, who was an assistant of the +chemist, and he was charged with having murdered the woman. + +The point urged by the prosecution was that the action of prussic acid was +so rapid, that it was impossible for the woman to have had the time to +take the amount which had apparently been taken, and subsequently to have +arranged the bed-clothes and corked the bottle. + +Expert evidence upon this question was given by five doctors, four of whom +gave as their opinion that these things could not have been done by the +woman herself. In support of their view, one of them stated that the same +quantity of prussic acid had killed a dog in three seconds. + +Fortunately for the prisoner he was able to produce conclusive evidence of +his innocence, and the jury, therefore, very rightly refused to accept the +medical opinion. + +Cases in which scientific evidence has been given to prove that a +particular portion of food or drink is of a poisonous nature, as shown by +its effects upon animals, have frequently been before the Courts, and the +evidence is not so open to criticism as in Freeman's case, although, at +best, such a proof is far less satisfactory than the separation and +identification of the poison by chemical means. + +In one trial, however, described by Taylor, which took place in the early +part of last century in the West of England, the evidence supplied by the +accidental poisoning of some animals was so convincing as to prove the +prisoner guilty, although chemical evidence of the presence of poisoning +was wanting. + +A farmer's wife was accused of having poisoned her husband by putting +arsenic into his soup while they were dining together. Then, in order to +get rid of all signs of her guilt, she had thrown the remainder of the +soup into the farmyard, where the pigs and the fowls had devoured it. The +husband had died with all the symptoms and appearances of arsenical +poisoning, but no arsenic was found in the body by the imperfect methods +of analysis then available. + +All the animals in the farmyard had also died, apparently from the effects +of an irritant poison, and in the bodies of some of them, probably owing +to its quantity being greater, arsenic was found. + +The evidence as to these facts, which was put forward at the trial, was +regarded by the jury as conclusive proof that poison had been given to the +man, notwithstanding the objections pressed by the defence that the poison +had not been found in his body, and that, since none of the soup was left +for examination, it had not been proved that the soup was poisonous. + +With the more refined methods of analysis now available, such evidence +would probably have been corroborated, seeing that the tests are capable +of detecting arsenic even in the minute proportion of one part in sixty +millions. + +In a remarkable trial that took place, in 1831, at the Warwick Assizes, +expert evidence that an animal had not been poisoned supplied the proof +required to establish the guilt of the prisoner. A woman named Mary +Higgins was accused of having poisoned her uncle with arsenic. It was +proved that he had died from an irritant poison, and there was also +abundant proof that the niece had bought arsenic. Her explanation of this +was that she had wanted it to destroy vermin, and by way of adding +conviction to her story she actually produced a dead mouse, which, she +alleged, had been killed by the poison. This proved a fatal blunder on her +part, for an examination of the mouse showed that there was no arsenic +whatever in its body. The defence was therefore discredited, and the +prisoner was found guilty of murder. + +The most valuable applications of physiological tests have been in cases +where narcotic poisons have been used, and especially in the early days of +chemical analyses, when the methods then known were incapable of +identifying these poisons. + +For example, in the year 1838 a woman was tried at Liverpool on a charge +of having sent a poisoned pudding to another woman with the intention of +poisoning her. The two children who were sent with the pudding tasted it +on the way, and finding that it was bitter, mentioned the fact to the +woman to whom they were taking it. She had other reasons for being +suspicious, and, therefore, sent the pudding to a doctor to be examined. +He applied various tests, but was unable to detect the presence of any +poison, although from the taste he suspected that some narcotic poison was +present. + +Accordingly, he gave a small portion of the pudding to a dog, with the +result that the animal died within three hours with all the symptoms of +poisoning produced by a narcotic poison. On the strength of this evidence, +the prisoner was found guilty. + +A French poisoning trial which took place in the early part of last +century is especially interesting from the fact that it is apparently the +only recorded instance, prior to the recent notorious Crippen case, in +which the deadly plant, henbane, was the original source of the poison. + +In the French case a child had been poisoned by some broth, and the +symptoms had suggested the presence of a narcotic poison. The chemical +analysis of alkaloidal poisons was at that time in its infancy, and in +order to obtain proof of the poisonous character of the broth, some of the +meat remaining in it was given to a cat. The animal died in about five +hours, and the symptoms produced and the appearance of its body after +death were all similar to those observed in the child. + +The evidence was therefore regarded as corroborative proof that the plant +henbane had been introduced into the broth. + +In the present state of chemical analysis proof would have been expected +of the presence of the active principles of henbane (hyoscine and +hyoscyamine) in the broth and in the body of the victim, and physiological +tests would probably only have been accepted as supplying additional proof +of the identity of the poison. + +A striking example of the way in which the scientific evidence may succeed +in establishing the innocence of a person accused of murder is seen in +the following case, which was tried in 1835:--A woman, who had a violent +disposition and was subject to attacks of hysteria, accused her husband of +having attempted to poison her, and in proof of her charge produced a +white powder, which, as she alleged, he had put into her food. The powder +was found to be white arsenic, and the food on examination was found to +contain a fatal quantity of that poison. The husband was therefore +immediately arrested and kept in prison pending the investigation. + +The woman was perfectly well for eight days, but on the ninth day became +very violent, and did many eccentric things, and on the next day she died. +Examination of the body showed that arsenic had been the cause of death. +Her husband denied that he had ever put any arsenic into her food, but had +it not been for the scientific evidence he would probably have been unable +to prove that he was innocent. + +Undoubtedly he owed his escape to his having been in prison for the eight +days between the accusation brought by his wife and her death, for the +medical witnesses proved that it was not possible for him to have given +the dose of arsenic which caused the death of the woman, since the effects +of arsenic could not have remained latent in the system for that length of +time. + +Circumstances, therefore, indicated that the woman had committed suicide, +and on the strength of this evidence the prisoner was immediately set at +liberty. + +To come to more recent times, the most notable trial in which the results +of experiments upon animals have formed one of the strongest links in the +evidence against the prisoner, was that of George Henry Lamson, in 1881, +who was convicted of poisoning his brother-in-law. + +Here again the accused was a medical man, who was able by reason of his +specialised knowledge to use a poison that at the time would not readily +be identified in the body after death. In fact, in the opinion of Montagu +Williams, who defended him at the trial, there could be but little doubt +but that he had previously poisoned a brother of his victim in the same +manner, without incurring any suspicion. + +He was a young man twenty-nine years of age, in practice in a small way at +Bournemouth. He was not well off and had been in pecuniary straits, and, +as it was known at the trial, would have benefited materially by the death +of his brother-in-law, Percy John, a lad of nineteen, who was at a school +in Wimbledon. + +Percy was a cripple, and had to be carried up and down-stairs, and to be +wheeled about in a chair, but there was no reason why he should not have +lived to old age. + +The story told by the prosecution was that Dr. Lamson wrote to his +brother-in-law, telling him he was coming to see him at the school on his +way over to Paris, and the boy was disappointed on receiving a message +that he could not come till the next day. On December 3rd, however, Lamson +called at the school, and said that he had only time to pay a flying visit +before catching the night train to Paris. + +He produced some gelatine capsules, and also a cake. Taking one of these +he remarked to the schoolmaster, who was present throughout the interview, +that he would leave them with him, so that he might give nasty medicines +to his pupils without difficulty. He then filled one of the capsules from +a basin of sugar that was on the table, and turning to the boy, said: +"Here, Percy, you're a swell pill-taker; take this, and show Mr. Bedbrook +how easily it may be swallowed." + +Dr. Lamson had also brought with him some sweets and a cake, and he gave +slices of this to the schoolmaster and to his young brother-in-law, and +also ate a piece himself. + +Immediately after the lad had swallowed the capsule Lamson observed: +"That's soon gone, my boy," and then remarked, "I must be going now." + +He then left with the intention of catching the evening boat-train to +Paris. Very shortly afterwards Percy became ill and told the schoolmaster +that he felt exactly as he did four months before when his brother-in-law +had given him a pill. Doctors were summoned, but in spite of everything +that was done the poor boy died the same evening. A medical examination of +the body showed no appearance of any disease that could have resulted in +such sudden death, but a chemical examination of the stomach, which was +made by Dr. Stevenson and Dr. Dupré, proved that a vegetable irritant +poison must have been the cause of death. + +Investigations showed that on several occasions Dr. Lamson had purchased +small quantities of aconitine from different chemists, and this +strengthened the suspicions already attaching to him. + +A few days later Lamson returned from Paris and voluntarily went to +Scotland Yard, saying that as his name had been mentioned in connection +with the case he had thought it best to call and see what was to be done +about it. He was then arrested and formally charged with causing the +death. + +The trial was memorable for the conclusive nature of the scientific +evidence. The cake and sweets had been analysed and found to be quite free +from aconite and the gelatine capsules were also proved to be innocuous. +At the bottom of the boy's box a pill-box had been discovered containing +pills in which aconitine was present, but although the point was suggested +by the defence, there was no evidence to show that the boy had secretly +taken one of these. + +The presence of morphia and aconitine in the body was proved, the latter +being identified by its general chemical reactions as an alkaloid, by the +burning sensation produced upon the tongue, and by its characteristic +action upon mice, as compared with that of a standard solution of pure +aconitine. In each case the animals died, the symptoms being the same and +characteristic of aconitine poisoning. + +For the defence it was urged by Montagu Williams that it was admitted by +the scientific witnesses for the prosecution that they had no other proof +of the identity of aconitine than these physiological tests upon mice; +that their conclusions were a leap in the dark; and that mice had so +delicate a constitution that even an injection of pure water would kill +them. How then could it fairly be argued that because these little animals +had been killed by an injection of a substance extracted from the body, +that substance must be aconitine? Apart from that, bodies of the nature of +alkaloids were formed in the body by decomposition, and the effects upon +the mice attributed to aconitine might very well have been caused by one +of these alkaloids. + +It was further pointed out that there had been no opportunity of giving +the boy a pill without the knowledge of the schoolmaster, and that the +prisoner could not have charged the capsule with aconitine without having +been observed. + +The evidence put forward by the prosecution carried conviction to the +jury, and the prisoner was found guilty and sentenced to death. + +With reference to the more important points raised by the defence it may +be mentioned that no known ptomaine (_i.e._, alkaloid formed by +decomposition in the body after death) produces the same physiological +effects as aconitine, and that the conclusions of Dr. Stevenson and Dr. +Dupré were based upon the results of comparative tests, which showed that +as little as 1/2000 grain of aconitine could be recognised in this way. + +The probable solution of the mystery of how the prisoner managed to give +the poison to the boy is suggested in the reminiscences of Lord Brampton, +who, as Sir Henry Hawkins, was the presiding judge at the trial. He points +out that Lamson was far too clever a man to attempt such a clumsy plan as +to charge the capsule with aconitine, and thus draw suspicion upon +himself. The much more plausible theory is that the capsules had nothing +whatever to do with the poisoning but that Lamson had previously put the +aconitine into a raisin in the cake, and had taken care that his young +brother-in-law should get the slice containing that raisin, while he and +the schoolmaster had eaten other portions of the otherwise harmless cake. + +After sentence of death had been passed, Lamson stood with his arms folded +and in a loud voice proclaimed his innocence before God. Before his +execution, however, it is stated that he confessed that he had not only +poisoned Percy John, but also his other brother-in-law Herbert. + + + + +CHAPTER XV + +THE MAYBRICK CASE + + +Few trials in this country have aroused so much controversy as that of +Mrs. Maybrick, in 1889, on the charge of having poisoned her husband with +arsenic. + +James Maybrick, who was a cotton merchant, fifty years of age, had married +the accused in America in 1881, she being then eighteen years old. Four +years later they had made their home in Liverpool, and apparently got on +well together. In 1889, however, Mrs. Maybrick became friendly with a man +named Brierley, and on the pretence of paying a visit to a relative, went +to London, where she stayed with him for several days. At the end of March +the Maybricks went to the Grand National Race, and the husband then became +jealous of Brierley, who was also present. Following this incident came a +violent quarrel, which resulted in Mrs. Maybrick's threatening to leave +him. + +Shortly afterwards, Mr. Maybrick paid a visit to his brother in London, +and while there complained of the extravagance and the behaviour of his +wife. + +He also consulted a specialist, who diagnosed his illness as acute +dyspepsia, and prescribed for him certain medicines, in which, however, +there was no arsenic. + +After his return to Liverpool early in April, Mrs. Maybrick bought a dozen +fly-papers from a chemist, and afterwards two dozen more from another +chemist, stating that the flies were troublesome in the house. In each +case she paid for these, although she had an account with the chemist. It +was found that each of these papers contained from two to three grains of +arsenic, or more than the fatal dose for a man. Evidence was given that +they were subsequently discovered soaking in water in Mrs. Maybrick's +room, but that they had not been used to kill the flies. + +At the end of April Mr. Maybrick became very ill, and a doctor was called +in. The patient was frequently given food and medicine by his wife, and +arsenic was afterwards found in a bottle of meat juice. The prisoner +alleged that at her husband's own request she had put a white powder into +this bottle. + +On the 9th of May the doctor concluded that Mr. Maybrick was suffering +from the effects of some irritant poison, and Mrs. Maybrick from that time +was not allowed to come near him. On May the 11th he died. + +During the illness, letters between Mrs. Maybrick and Brierley had been +intercepted, and in one of these occurred the expression that her husband +was "sick unto death." At the inquest a verdict of "Wilful murder" against +Mrs. Maybrick was returned, and she was committed for trial at the +Liverpool Assizes. + +The trial took place before Mr. Justice Stephen, who, by the way, died +insane a year later, and the prisoner was defended by Sir Charles Russell, +who subsequently became Lord Chief Justice. + +The case for the prosecution was based upon the presence of a strong +motive for the crime, the quarrel between the husband and wife, the +possession of arsenic (from the fly-papers) by the accused, the presence +of arsenic in various foods and medicines alleged by witnesses to have +been given to the deceased by his wife, and the discovery of arsenic in +the body after death. In addition to this, evidence was given by the +nurses that they had seen the prisoner manipulating the medicines, and by +doctors and relations of Mr. Maybrick that he was not in the habit of +taking arsenic. + +For the defence it was urged that death was due to acute gastritis, which +was the result of a chill or improper food, and that arsenical poisoning +was not the cause; that the fly-papers had been purchased by the prisoner +for the preparation of a cosmetic for the face; and that the presence of +traces of arsenic in the body was fully accounted for by the fact that Mr. +Maybrick was an arsenic eater. + +Several medical men expressed opinions strongly opposed to the views of +the prosecution, and it was pointed out by these that many of the symptoms +characteristic of poisoning by arsenic had not been observed in this case. +At the same time it was admitted that the effects produced by arsenic were +often erratic, and, as Dr. Stevenson stated in his evidence for the +prosecution, "There is no distinctive diagnostic symptom of arsenical +poisoning. The diagnostic thing is finding the arsenic." + +The medical experts who gave evidence upon behalf of the prisoner were Dr. +Tidy (who, like Dr. Stevenson, was an official analyst to the Home +Office), Dr. Macnamara, and Professor Paul; and their view, which was +strongly expressed, was that all the symptoms which had been described to +them in the evidence pointed against arsenic having been the cause of +death. + +The judge, in his summing up of the medical evidence, pointed out that +expert witnesses were liable at times to take up the position of advocates +with regard to scientific matters, and he warned the jury to take this +into consideration in forming their conclusions. + +The analytical evidence as to the presence of arsenic in the body and in +the food and medicine was given by Dr. Stevenson and by Mr. Davis. + +Davis had found no arsenic in the stomach, but it was discovered in the +liver and intestines. In the bottle of the meat juice he had found half a +grain in solution. Arsenic was present in the glass of the bottle, but to +a less extent than in the glass of another bottle of the meat juice, in +the contents of which no arsenic was present. Hence the glass could not +have been the source of the arsenic found in the other bottle. + +He had also found arsenic in a glass of milk in the house, in a vessel in +which luncheon had been sent to the office of Mr. Maybrick, in a medicine +bottle, and in a bottle of glycerine in the lavatory. In fact, one of the +most remarkable features of this case was the number of articles in which +arsenic had been discovered. Dr. Stevenson had also found no arsenic in +the stomach, but had detected a small quantity in the kidney and the +intestines. In a portion of the liver he found an amount which he +calculated to amount to one-third of a grain for the whole liver, and he +gave as his opinion that "the body at the time of death probably contained +approximately a fatal dose of arsenic." + +Dr. Tidy, in giving evidence on behalf of the accused, criticised this +evidence of Stevenson on the grounds that it did not necessarily follow +that because one portion of the liver contained so much arsenic, the same +proportion must be present in the remainder. In his experience the amounts +of arsenic retained might vary in different parts of the same organ. He +calculated from the results of Stevenson's analyses that the total amount +of arsenic was 0·082 grains. + +If we examine this evidence more closely it is difficult to see upon what +basis Tidy calculated his total. Stevenson had examined approximately one +quarter of the liver, and had extracted from two portions a total quantity +of 0·076 grains, so that, according to Tidy, the remaining three-quarters +could only have contained 0·006 grains of arsenic. On the face of it this +seems an absurd conclusion. + +The evidence of Professor Paul went to prove that arsenic was present in +the material of earthenware vessels similar to that in which the lunch was +sent to Mr. Maybrick's office, and that it could be liberated by the +action of an acid, so that the arsenic found in the particular vessel +might have originated from the action of acids in the food itself upon the +interior of the vessel. + +As has been mentioned, one of the points brought as evidence against the +prisoner was that a bottle of glycerine had been found in the lavatory, +and that this contained arsenic. There was no evidence that the prisoner +had ever had this bottle in her hand, and, apart from that, arsenic is a +very usual impurity in ordinary commercial glycerine. + +Having regard to the conflict of the scientific testimony, and to the +evidence of Mr. Maybrick having acquired the habit of taking arsenic while +resident in America, it was generally expected that the prisoner would be +acquitted. The judge, however, evidently believing her guilty, summed up +strongly against her, and put the point to be decided in the following +form: The prosecution said that arsenic was the producing cause of the +gastro-enteritis which was the immediate cause of death; arsenic was found +in the body, and strong proof was given that arsenic was administered. The +terrible question was: By whose hand was it administered? The deceased +might have taken it himself, and if there was any reasonable doubt upon +that point it was the duty of the jury to acquit the prisoner; but if a +crime was committed, no other person but the prisoner was suggested as +having committed it. + +The jury were so influenced by the remarks of the judge that, after a +retirement of a little over thirty minutes, they found the prisoner +"Guilty." + +The feeling was very widely expressed that the prosecution had failed to +establish beyond all reasonable doubt that the deceased had died from +arsenic, and that arsenic had been given to him by the prisoner, and that, +therefore, she was entitled to the "benefit of the doubt," which the +judge's directions to the jury had not allowed to her. + +It may be mentioned here that the judge himself, in the second edition of +his _Criminal Laws of England_, published in 1890, states that out of 979 +cases tried before him up to September, 1889, "the case of Mrs. Maybrick +was the only case in which there could be any doubt about the facts." + +In consequence of this feeling that a terrible mistake might have been +made, memorials for the respite of Mrs. Maybrick were signed by the +physicians of Liverpool, by members of Bars of Liverpool and London, and +by the citizens of Liverpool, in all of which stress was laid upon the +conflict of medical testimony. Memorials were also sent in from other +parts of the country, and in all 5,000 petitions, containing upwards of +half a million signatures, were received by the Home Secretary. + +The feeling was too strong to be ignored, and the Home Secretary, +therefore, announced that he had advised the commutation of the death +penalty to one of penal servitude for life, on the ground that: "Inasmuch +as, although the evidence leads to the conclusion that the prisoner +administered and attempted to administer arsenic to her husband with +intent to murder him, yet it does not wholly exclude a reasonable doubt +whether his death was in fact caused by the administration of arsenic." + +Persistent efforts were made to obtain the liberation of the prisoner, and +Lord Russell of Killowen, who had defended her at the trial, and whose +belief in her innocence had never wavered, brought the matter under the +notice of each succeeding Home Secretary, but always without avail. It was +not until after the lapse of fifteen years that she was liberated at the +ordinary termination of a sentence shortened by the good behaviour of the +prisoner. + +The course followed by the Home Secretary (Matthews) and endorsed by his +successors is impossible to defend from a logical point of view. + +If the prisoner was guilty of murder, there was no justification for +yielding to the popular demand. If, on the other hand, there was "a +reasonable doubt" as to whether the man died from the effects of arsenic, +she ought to have been set at liberty. But to commute the sentence for the +reason given was to convict the prisoner of attempted murder, a charge +upon which she had never been tried, and for which, if found guilty, she +would not have received penal servitude for life. + +At the present time a case of this kind would be brought before the Court +of Criminal Appeal, and the prisoner would have the opportunity of having +the alleged misdirections of the presiding judge investigated, and of +putting forward additional evidence--advantages that were not available to +the accused in this trial. + + + + +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. + + +To label the adulterator of food as a criminal would, in the majority of +cases, be too harsh a sentence, but in the worst forms of +adulteration--those in which food that is positively bad is made to appear +good--he more than deserves the title. Although in the larger proportion +of instances the actual pecuniary loss inflicted upon the consumer by the +sale of adulterated food may be but trifling, the loss suffered by the +community collectively through various forms of petty frauds of this +nature reaches an enormous total in a year. + +Some idea of the extent to which the public is thus defrauded may be +gathered from the instructive figures published some years ago by +Professor Long in the _Nineteenth Century_. + +In his article it was estimated that 1,400,000,000 gallons of milk were +produced annually in the United Kingdom, of which over a third was sold in +the form of milk, the remainder being converted into butter and cheese. +Assuming that a tenth part of the milk were adulterated by the middleman, +the loss to the farmer would represent over £600,000 per annum. There is +little doubt but that this calculation underestimates the amount of milk +adulterated by the addition of water or by the separation of the cream. + +The evidence given before a Select Committee of the House of Commons +appointed to deal with the Food and Drugs Acts suggests that probably +one-fifth of the butter imported into this country is adulterated, while +it is almost impossible to form any estimate of the loss to the consumer +from adulterated groceries and from the sale of foreign meat as "best +English." + +With few exceptions, nearly everything we eat or drink--in fact, nearly +everything we buy--is liable to be substituted for what we want, or to be +mixed with something else that we do not want--at all events, at the price +we have to pay for it. + +There is thus considerable excuse for the amusing blunder made by a +counsel who was cross-examining Mr. Siemens, the electrical expert, in a +case in which there was a dispute about the working of some electrical +plant. + +"I think, Mr. Siemens, that you have had a long experience in connection +with electricity?" + +"That is so." + +"Well, now, I want you to tell me whether in the course of all your +experience you have ever known electricity to be adulterated?" + +"In only one instance," replied the witness. + +"And when was that?" + +"In the phrase 'greased lightning,'" was the instant witty reply of the +electrical expert. + +But there are few commodities which can be bought or sold that have the +clean record of electricity. In every direction, competition is daily +becoming keener, and rival firms "cut" the prices, each forcing the other +to sell either with the minimum of profit or to stop selling altogether. + +Under these conditions there is a strong temptation for a small firm in +danger of being crushed out of existence by its competitors to avail +itself of the additional profit afforded by adulteration, and thus be able +to sell its goods at a lower price than its more scrupulous rivals. + +In many cases the adulterated articles are sold unknowingly, the shopman +being tempted by the offer of an alleged genuine product at a very low +price, while the foreign manufacturer who supplies him with the goods +cheerfully accepts the risk of prosecution, well knowing that he cannot be +brought to book. + +Frequently the adulteration is most skilfully effected, and every fresh +advance in the chemical methods of detecting foreign ingredients is +scientifically met by the adulterator. The old gross forms of adulteration +are, for the most part, things of the past, save, of course, in the case +of foods like milk, which contain much water, and where the temptation to +increase the amount is frequently too strong to be resisted. + +The old story of the grocer who called his apprentice to prayers after +telling him to "water the treacle and sand the sugar," has lost its point, +at all events as regards sanding the sugar. The fraud is too palpable. And +the same may be said of other unskilful forms of adulteration, such as the +addition of gypsum to flour, chalk to milk, starch to butter, and so on. + +In short, adulteration of to-day has become a fine art, and the public +analyst has strong suspicions about many a sample, which he dare not +condemn, since it might possibly be genuine, though of poor quality. + +Long before the days of the public analyst there was an official who was, +in a sense, his forerunner, and his methods were simplicity itself. As +might be guessed, our ancestors three or four hundred years ago, were +mainly concerned about the strength of the national beverage--beer, and +they appointed officers who were known as "beer conners," to visit the +different ale-houses, and to taste and examine the liquor that was being +sold. According to Mr. Sidney Lee, John Shakespeare, the father of +William, was appointed an ale-taster in 1557. + +The test to be applied needed no complicated apparatus or chemical +reagents--nothing beyond a pair of leather breeches, which were called the +"conning breeches." + +The beer conner would put these on, and having poured a little of the ale +on to a wooden bench would sit down in it and patiently await the result. +If after a given time he found that he was glued to the bench, the ale +contained sugar, and was condemned as adulterated, but if he could rise +without an effort the beer was passed as pure. + +The oath to be taken by these beer tasters or conners ran as follows:-- + + "You are the chosen ale-tasters of this town. You shall well and truly + serve his Majesty and this town in the same office. You shall at all + times try, taste, and assize the beer and ale to be put to sale in + this liberty, whether the same be wholesome for man's body, and + present those that offend, or refuse to suffer you to assay it. You + shall give your attendance at all courts, and present from time to + time the offenders, and all things else belonging to your office you + shall do and execute. So help you God." + +A public analyst of to-day might well envy the easy lot of the beer +conner, who had no difficult problems to solve, and who, if he condemned +ale that had sufficient "body" to hold him to his seat, was sure of the +support of the government officials. + +To the layman it may seem strange that a conflict of opinion should ever +occur between analysts with regard to the genuineness of a sample of food, +and that it should ever be possible for an accused salesman to bring +rebutting scientific evidence. A consideration of the following points, +however, will make this clear, and show how such different opinions may be +honestly held. (1) Food products may consist of entirely dissimilar +substances, which may readily be distinguished by suitable tests, as, for +instance, pepper and salt; or (2) the food may contain a special +constituent which is either entirely wanting or only present in a smaller +proportion in other allied products. It is mainly with foods of this +latter description that the difficulties of the public analyst arise. + +For instance, butter fat contains a large proportion of certain volatile +compounds, which are either absent or are present in much smaller quantity +in the fats used to adulterate butter; and thus an estimation of these +volatile compounds affords a means of judging of the purity of the butter. +Thus, if only half the normal quantity of volatile compounds is present, +the conclusion is drawn that the butter is adulterated with an equal +quantity of foreign fat, and so on. + +The task would not be difficult if butter fat were always constant in +composition; but, unfortunately, there are often wide variations in the +proportion of ingredients, and it frequently happens that the public +analyst has to give his judgment upon a sample, which might either be a +butter very rich in the characteristic volatile substances and adulterated +with 10 per cent. of foreign fat; or it might be a genuine butter that was +very deficient in these volatile compounds. + +This, then, is the dilemma. If the analyst condemn such a sample on the +strength of this and other tests, he may be confronted by the evidence of +other analysts who will give their opinion that the butter is genuine; and +if, then, the matter be referred to the Government analysts, their report +may or may not corroborate his, and in the latter alternative the +authority instituting the prosecution may have to pay heavy costs. + +It is well known that butters are scientifically blended with foreign fats +so as to fall just on the border line between abnormal and adulterated +samples, and the analyst is frequently compelled to pass such a butter as +genuine, lest he should unwittingly do an injustice. + +A large proportion of Dutch butter is abnormal in this respect, and has +been so frequently condemned as adulterated by English chemists, that +protests have been made by the leading Dutch analysts. + +The reason for the abnormal character of Dutch butter appears to be that +the cows are left too long in the fields, for as soon as they are stalled +for the winter, the character of the butter gradually becomes normal +again. + +These details have been given at some length, for they are typical of the +problem which the public analyst has to solve in the case of many natural +products, _i.e._, to decide whether a food is adulterated or only +naturally of poor quality. + +There is no special difficulty in the analyses; it is a question of +interpretation of the results. + +The chief culprit in the matter of the adulteration of butter is the small +dealer, who buys margarine from the margarine manufacturer and skilfully +blends it with butter in a proportion that is small in a single instance, +but is sufficient to bring him in a handsome profit in the course of a +year. + +Owing to the difficulty of detecting such small additions of margarine to +butter (which, as was explained above, is due to the variations in the +natural product) a most ingenious device has been adopted in some +countries. + +This is the addition of a small quantity of a "latent colour" to the +margarine, so that, although it appears yellow, like butter, its colour +can be changed by the application of a single reagent to pink or blue, and +its presence thus revealed in a mixture of butter and margarine. + +Several years ago an attempt was made in some of the United States to +compel manufacturers of margarine to colour it pink, so that it could not +possibly be palmed off as butter, but as this law was found to have the +effect of stopping the sale of margarine altogether, it is no longer +enforced. + +Various substances have been suggested as suitable for the latent +colouring matter, such as starch, which turns blue on contact with iodine, +and certain colourless coal-tar derivatives which change to pink upon the +addition of an alkali or acid. + +There are numerous objections to the use of some of these compounds. Thus, +starch may be washed out of the margarine by a simple treatment with +water, while a coal tar derivative that turns pink on contact with an +alkali is too sensitive an ingredient for everyday use. + +A far more satisfactory substance than any of these was found in the oil +derived from sesame seed. This is a wholesome oil with a fragrant odour +and pleasant taste, which is largely used as a salad oil in certain parts +of Europe. It is one of the few vegetable oils that can be detected by +means of a special colour reaction; for on treating the oil with a +particular reagent it gives a bright rose colour, and the test is so +sensitive that it will detect the presence of even a small percentage of +sesame oil in other fats. + +A compulsory addition of a small amount of sesame oil to all margarine, +therefore, affords an absolutely certain means of recognising the +margarine subsequently. The first country to adopt this plan was Germany, +where a few years ago a regulation was made that all makers of margarine +must use 10 per cent. of sesame oil with the other ingredients. Belgium +has also adopted the same plan of earmarking the margarine produced in the +country, and has thus simplified in one direction the problem of detecting +petty adulteration. + +A similar problem has to be solved in dealing with milk, the proportion of +cream in which varies naturally to such an extent that it is possible to +add a considerable amount of water to a rich milk without bringing it +below the level of a poor but genuine milk. When such a sample of milk has +been condemned, the analyst has often been confronted by an appeal to the +cow herself. + +But even the specious notice which was for years to be seen over a dairy: +"Our customers may come and see the cows milked into their own jugs," is +no proof that the fluid they yield is necessarily "milk." + +For the up-to-date dairyman has discovered how to adulterate the milk at +the other end of the cow. He has found that by giving her certain food in +excess he can make her produce an abnormally large quantity of milk which +lacks the right proportion of cream and other constituents of genuine +milk. It has more than once been ruled by a bench of magistrates, and more +recently in the High Court, that all is not milk that comes from the cow, +and that a customer who asks for "milk" is entitled to get something with +certain definite characteristics. + +Even in cases where there would be no such escape from the results of the +analyst's certificate, the ingenious adulterator is by no means at the end +of his tether, but has numerous dodges upon which to fall back. + +One of the best known of these is the "notice dodge," examples of which +must frequently have been seen by everyone. + +A notice, often in very small type, is put up to the effect that the +seller will not guarantee that the goods he sells are genuine. Then when +he is summoned for selling, say, adulterated milk, he produces his notice +and claims that that indemnifies him. + +A very amusing instance of this notice dodge being carried to its logical +conclusion was witnessed in Merionethshire a few years ago, when the Chief +Constable of the district reported that all the shopkeepers had put up +notices stating that "All goods sold here are adulterated." + +A similar deadlock occurred, in 1903, in Buckinghamshire, and there the +County Council forbade such notices being exhibited, though it is doubtful +whether it was within its legal rights in so doing. + +The plausible excuses put forward by the perverted ingenuity of the +adulterator to escape conviction are innumerable. Mistake on the part of +the seller, warranty with goods obtained from abroad, and the shop-boy as +scapegoat are among the most common forms of defence. + +The extent to which a legal quibble may be carried reached its limit +perhaps in a prosecution that occurred a few years ago. In a certain +village there was only one shop, and that was a co-operative store, of +which the whole of the villagers were members. A county inspector bought +"pure" coffee at this shop, and on analysis the coffee was found to +contain 90 per cent. of chicory, and eventually the manager of the store +was fined. + +For the defence, it was urged that the villagers were themselves both +shopkeepers and purchasers, and, therefore, could not be prejudiced by the +sale of adulterated goods. The inspector, however, was not a member of the +co-operative store, and on this ground the prosecution was successful. + +But if one of the villagers had bought the coffee, it is doubtful whether +any fine could have legally been inflicted, for it would have been a case +of co-operative adulteration. + +A very common method of avoiding the attention of the inspector is a +refusal to supply him with the goods. In a small town the dishonest +tradesman will be on his guard against suspicious looking individuals, and +should he consider them to be agents of the inspector will refuse to serve +them. + +A fine is imposed for refusal to sell, but this usually involves the +shopkeeper in considerably less expense than a fine for selling +adulterated goods, while he retains his character as an upright citizen. + +The question of preservatives in food is typical of the present chaotic +state of the law with regard to the adulteration of food. + +A Parliamentary Commission sat for a long period, and finally issued a +report, the recommendations of which were allowed to remain +recommendations, and every analyst and public authority must still put its +own interpretation upon what is and what is not permissible. + +Preservatives are undoubtedly used in an absolutely haphazard way. Milk is +preserved with all kinds of substances, chiefly boric acid, and at one +time, formalin; butter and hams with boric acid; and jams with salicylic +acid and similar compounds. Thus, at the end of the day, an unsuspecting +individual may have consumed a considerable quantity of various antiseptic +agents. + +Everyone will agree that preservatives of every kind ought to be +prohibited in milk, the more so since it is the staple food of young +children and invalids, and in the case of butter the presence of a +preservative should be notified, as recommended by the Commission. + +A little boric acid in ham probably interferes much less with the +digestion than an excess of salt, but it is right that the consumer should +be given his choice of spoiling his own digestion in the way that pleases +him best. + +An objection brought against such notifications of preservatives in food +is that they would convey no meaning to the public, but the commercial +travellers of rival firms would certainly not lose the chance of making +capital out of the notices of their opponents. + +Nearly all the non-alcoholic wines and lime juice cordials in the market +are heavily preserved. But the fact that the public demands an article +that shall not ferment after the bottle has been opened, and that +prosecutions for the use of preservatives are spasmodic, makes it +impossible for the manufacturer to discard them. If he did so under the +present conditions, he would no longer be able to compete with other +firms who continued to take the risk of prosecution. + +Moreover, it is no uncommon thing for the defendants in these cases to +call as witnesses on their behalf gentlemen holding positions as medical +officers, and cases that are well defended are almost invariably +dismissed. + +The manufacturer of non-alcoholic wines stands in a very difficult +position. If he employs preservatives in sufficient quantity effectively +to stop fermentation he is liable to be prosecuted under the Food and +Drugs Act. If, on the other hand, no preservative is used, the liquid is +liable to ferment, and the manufacturer may then be prosecuted for selling +a fermented liquid without a licence. + +Hence it follows that if the use of preservatives in lime juice cordial +and the like is to be prohibited, the law ought to be rigidly enforced and +not applied in the present haphazard fashion, which allows one +manufacturer to sell his goods unchallenged for years, and drags his +competitor into one police court after another. + +It is hardly fair that matters which are so much questions of opinion +should be left to be fought out in the police courts before magistrates +who have no technical knowledge to deal with them. + +The position, however, was well put by a magistrate a year or two ago in +giving his decision in a prosecution for the sale of lime juice cordial +preserved with salicylic acid. Evidence was given by chemists and medical +men for the prosecution that such an addition was injurious, while a +number of scientific witnesses of equal eminence were present to support +the view of the defendants. + +The magistrate, without calling upon the defence, dismissed the case. He +held that there was an irreconcilable conflict of opinion between the +purists who would allow no preservatives whatever in such products and the +manufacturer who had to meet the popular demand for such an article that +would keep after it had been opened, and he considered that it had not +been proved that the amount of salicylic acid was in excess of that needed +for that purpose. Incidentally he remarked that if notification of the +addition of such preservatives on the label were made compulsory, "then +the fun would begin." You would see notices of So-and-so's lime juice +preserved with sulphide, "harmless, but with a smell of bad eggs." Or of +So-and-so's lemon squash, "preserved with salicylic acid, refreshing, but +ruinous to the digestion." + +One of the recommendations of the Departmental Committee of 1899 was that +means should be provided for the establishment of a separate Court of +Reference, which should deal with the question of preservatives in food +and decide which should be permissible and in what quantities they should +be allowed. + +Such a Court of Reference, in which there should be representatives not +only of the medical and chemical professions, but also of the large +manufacturers and dealers in food, would tend to remove the present state +of uncertainty on this point. + +Looking at the matter from a practical point of view, it seems to be an +impossibility to eliminate the use of preservatives from all articles of +food, and it would be a far more satisfactory course if a _via media_ +could be found between prohibiting their use absolutely and leaving it to +the manufacturer to dose his products with any quantity of any antiseptic. +Evidence could be heard by such a body of official referees, who, after +taking into consideration the views of all concerned, could from time to +time issue authoritative regulations, which would be binding upon +everyone. + +It should also be part of the duties of such a Court to see that the +regulations were rigidly enforced, so that a manufacturer who carried them +out should not suffer by the competition of another manufacturer who (as +at the present time) ran only a trifling risk of prosecution in ignoring +them. + +Another advantage of such a proposed Court of Reference would be that the +manufacturer would no longer be liable to a criminal prosecution on points +on which there is no agreement between the highest scientific authorities +in the country. + +Under the present conditions, a town or borough council, using the +ratepayers' money, may attempt to get a decision on the subject of +preservatives in an ordinary police court. The manufacturer, if he is rich +enough to pay for the necessary expert evidence, will probably succeed in +getting the case dismissed, as, in fact, has frequently been done. + +But the magistrates' decision carries no finality, and is not binding upon +anyone else, so that the borough council may raise the question again, +and prosecute the same firm for the same alleged offence in the same +court. If, instead of selecting the same firm of manufacturers, which +would have the appearance of vindictiveness, they bring an action against +another firm which cannot afford the £200 to £300 required to win an +action of the kind, and the case is tried before another magistrate, they +may succeed in getting their victim heavily fined, and justice would thus +be reduced to the absurdity that, while one magistrate held that there was +no offence, his brother magistrate decided that a criminal offence had +been committed. It may, perhaps, be mentioned that this is no imaginary +picture, but is based on actual occurrences. + +Another question which has been the subject of almost as many conflicts as +the addition of preservatives is the colouring of preserved peas with a +small trace of copper. + +Many of the prosecutions have been successful, but quite as many have been +dismissed. The public demands a green colour in the preserved peas it +purchases, and it is apparently impossible to have this without the +addition of copper. + +Formerly a vigorous campaign was carried on in France to prevent any +addition of copper whatsoever, but it was found to be impossible to +enforce its absence, and the attempts to do so there have long been +abandoned. + +A better course than spasmodic prosecutions, frequently abortive, would be +to fix a limit to the amount that might be used, and to render it +obligatory upon the manufacturer to state prominently upon the label that +the peas were coloured with copper. + +It may be mentioned in this connection that Professor Tunnicliffe issued a +minority report to the main report of the Departmental Committee, in which +he recommended that the amount of metallic copper to be allowed in +preserved vegetables should not exceed half a grain per lb., and that its +presence should always be declared. + +The colouring of sugar by means of tin salts stands upon a very different +footing, for in that case the colouring is done with the definite object +of deceiving the purchaser. + +At one time, pure Demerara cane sugar, which was brown from the presence +of certain vegetable impurities, had a great reputation for its fine +flavour, and still fetches a higher price in the market than purified beet +sugar. + +This reputation has been traded upon by certain unscrupulous sugar +dealers, who have discovered how to treat white beet sugar with a tin salt +or with aniline dye-stuffs so as to give it the appearance of the old +genuine Demerara cane sugar. + +At present it is practically impossible to distinguish, except by the +flavour, between absolutely pure beet and cane sugars, but the dyed +product is a very different substance from the brown Demerara sugar, and +there have been numerous convictions for the fraudulent substitution of +the one for the other. + +The presence of traces of arsenic in food products is a very much more +serious matter than the presence of a small amount of copper. + +Arsenic is undoubtedly a cumulative poison, and the effects produced by +the long-continued repetition of small doses were shown by the numerous +fatal cases of poisoning caused by drinking arsenical beer, in the +poisoning epidemic a few years ago. + +It may be safely asserted that for twenty years before that outbreak it +had never occurred to anyone to test beer for arsenic. The possibility of +its being present ought to have suggested itself, but apparently it never +did. + +The origin of the arsenic in the beer is obvious, when it is remembered +that glucose is one of the substances commonly used in the brewing of +beer, and that glucose is prepared by treating starch with sulphuric acid, +which, is in turn, frequently made from iron pyrites containing arsenic. + +After the source of the arsenic in the Manchester beer had been +discovered, an arsenic "scare" set in. Every possible description of food +was examined, and traces of arsenic were found in many hitherto +unsuspected places. + +Malt, dried in kilns and allowed to come in contact with the fumes from +coal, invariably contains an appreciable amount of arsenic derived from +the coal, and even malts prepared with the greatest care usually contain +about one part per million of arsenic. For all practical purposes, +however, so small a trace is negligible. + +The members of the Royal Commission which was appointed to examine and +report on arsenic in food were strongly divided with regard to whether any +trace of arsenic should be permitted in food. Some were in favour of +absolute prohibition, while others recognised that, even if this were +done, the rule could never be rigidly enforced. Hence their report bears +evidence of a compromise, for it states that although the Commission had +been unable to discover that such minute traces of arsenic were injurious, +yet they were unwilling to admit that any quantity, however small, was +permissible in food. + +Subsequently they recommended that a particular test should be used which +would ensure that arsenic in food and drugs should not exceed an +infinitesimal trace, and that frequent tests of raw and finished materials +should be made. + +These recommendations are now widely adopted, and it is highly improbable +that another epidemic of arsenic poisoning will ever occur again in this +country. + +No better illustration of the vicious circles in which adulteration may +move can be found than in the practice of certain manufacturers of jam of +the cheaper kind. Apple pulp is a common constituent of jams which conceal +their identity under another name. Now, in the case of raspberry jam, for +example, it is necessary to have the seeds as well as fruit pulp, and +these seeds may be bought very cheaply from the makers of fruit essences. + +The best quality of these essences is prepared by mixing the fruit with +alcohol and distilling the mixture, the spirit carrying over with it the +ethereal oils to which the fruit owes its characteristic odour and +flavour. Cheaper fruit essences are imitated chemically by making the most +important of the compounds in the genuine ethereal oils, and dissolving +them in spirit; but they are usually coarse in flavour, and do not bear +comparison with the real product. Where intermediate grades are wanted, +mixtures of the real and synthetical essences are often blended, and these +frequently imitate the natural product so closely as to be only +distinguishable by a trained sense of smell and taste. + +In the preparation of the genuine fruit essences a residual pulp, +containing the seeds and woody fibre of the fruit, but devoid of all +flavour or aroma, is left behind, and it is this which the unscrupulous +jam manufacturer makes use of in preparing a cheap jam, in which the +seeds, at all events, are genuine. Then, in order to give more flavour to +his product, he buys from the essence maker a flavouring essence, a small +part of which may have originally been derived from the fruit that has +given him the pulp and seeds for his jam. + +The question of adopting a fixed standard for all natural products is one +that has been widely discussed. It would have the advantage of simplifying +the issue to be decided by the analyst and of preventing possible errors +of judgment in the case of samples upon the border line between +undoubtedly genuine and undoubtedly adulterated products. On the other +hand, the legal fixing of a standard gives security to a skilful +adulterator, who is able to make his goods fall within the limit of the +figures given by genuine products of low quality. + +Although most of the milk in large towns consists of the mixed products of +many herds of cows, and thus tends to have a percentage of fat only +slightly higher than that required by the law, there is but little doubt +that a considerable proportion is scientifically watered and thus brought +down to a limit of richness, which is only a little above that which will +enable it to pose as milk straight from the cow. + +Another instance of this effect of standardisation was seen in Bavaria, +where a few years ago a minimum analytical figure was fixed for lard, with +the result that the American lard merchants sent to Germany large +quantities of lard which answered the requirements of this test, but were +heavily adulterated with beef fat. + +However much an analyst may deprecate the fixing of standards for such +products as milk and butter, he is forced in practice to fix a standard +for himself. The Society of Public Analysts, recognising this, passed a +resolution that milk to be regarded as genuine must contain not less than +11-1/2 per cent. of solid matter, and of this not less than 3 per cent. +must be fat. + +This fixes the standard for milk at a very low limit, and undoubtedly +leaves a margin for the watering of rich milks. + +On the other hand, Dr. Vieth, whose experience in the examination of milks +was probably unequalled, wrote in reference to this standard: "I think it +is very judiciously fixed, but in upholding the standard of purity, it +should never be forgotten that the cows have never been asked for nor have +given their assent to it, and that they will at times produce milk below +standard. A bad season for haymaking is, in my experience, almost +invariably followed by a particularly low depression in the quality of the +milk towards the end of the winter. Should the winter be of unusual +severity and length, the depression will be still more marked. Long spells +of cold and wet, as well as of heat and drought, during the time when cows +are kept on pasture, also unfavourably influence the quality and, I may +add, the quantity of milk." + +Mr. H. D. Richmond, who had also had the opportunity of examining an +immense number of samples of milk, considered that the standard of 3 per +cent. of fat was a reasonable one for the mixed milk of a whole herd, but +considered that milk ought not to be pronounced as watered unless the +solids other than fat were well below 8·0 per cent., except upon evidence +derived from other tests. + +In the Sale of Food and Drugs Act of 1899 powers were conferred upon the +Board of Agriculture to make regulations determining what deficiency in +the proportion of constituents of milk, cream, butter, or cheese should +raise a presumption that the product was not genuine until the contrary +was proved. Acting under this section of the Act, the Board adopted the +minimum limit of the Society of Public Analysts, so that now any milk +containing less than 3 per cent. of fat and 8·5 per cent. of cream is +regarded as adulterated unless it can be proved by the vendor that it is +genuine, and it thus has the effect of transferring the burden of proof +from the prosecution to the defence. + +As was mentioned above, the whole tendency of recent legal decisions is +towards enforcing this standard. For instance, in a case in which there +had been "an appeal to the cow," it was held by the present Lord Chief +Justice that: "If, however, the article produced, although it is produced +by the cow, is the result of an abnormal condition of things arising +either from disease, or, as here, from unsound treatment of the cow, I +think that does amount to evidence upon which the magistrates can find the +article is not of the nature, substance, and quality of the article +demanded." + +A want of system characterises the whole administration of the Food and +Drugs Act, and many of the local authorities are unwilling to see that an +adequate number of samples are taken. + +For instance, only a few years ago, Lancashire, with a population of over +a million and a half, was content with 1,755 samples, or one to each +10,000 people, while in Essex, with a population of over half a million, +the samples taken were 686. + +In Bury St. Edmunds no samples at all were taken during the four years +ending 1899, and a similar lax administration of the law in many other +places might be cited. + +Some places pride themselves upon their freedom from adulteration, because +out of the paltry number of samples taken by the inspectors, a quarter of +the number or less may have been adulterated. + +Even when the limited number of samples is properly taken, there is often +a scandalous inadequacy and frequent inequalities in the amount of fine +inflicted. + +For instance, a milkman was fined one shilling at Margate for the sale of +watered milk--a fine grossly inadequate to take away temptation; while in +other courts we find fines of a pound or more imposed for exactly the same +offence. + +The remedy for this would be to have a fixed scale of fines for each +offence. Another direction in which legislation is needed is the +protection of the middle-class buyer. At the present time a shopman runs +little or no risk in selling adulterated food to private houses. And the +greater the vigilance of the local authority in protecting the buyer over +the counter, the greater is the temptation to the shopkeeper to make an +illicit profit out of ordered goods. Some means might well be provided for +the examination of purchases in transit. + +As a rule, the public is apathetic in the matter of adulteration, and +errors of judgment, frequently inevitable under the present system, on the +part of the analyst have led to his being regarded as the natural enemy of +the tradesman. + +If some system of standardisation for food products were generally +adopted, leaving the burden of proof of the genuineness of abnormal +samples upon the seller, and if the element of chance in the +administration of the law were reduced, this prejudice on the part of +tradesmen in general would disappear, although with the dishonest dealer +the public analyst would become more unpopular than in the past. + + + + +INDEX + + + Adulteration of food, 214 + + Agraphia, 78 + + Anthropometry, 50 + + Arsenic in beer, 231 + + Arsenic poisoning, 176, 181, 183 + + + Bank-note forgeries, 102 + + Beck case, 41, 92 + + Beer conners, 217 + + Bertillonage, 50 + + Blandy, Mary, 181 + + Blood, structure of, 154 + + ---- stains identified, 155, 157 + + ----, serum test for, 162 + + Bloodhounds, 29 + + Briggs, murder of, 33 + + Brinkley poisoning case, 109, 116 + + + Capture of criminals, 22 + + Catchpole, Margaret, 22 + + Charlesworth case, 28 + + Circumstantial detection, 33 + + ---- evidence, 11 + + Conflict of scientific evidence, 14, 19 + + Courvoisier, 4 + + Crippen case, 25, 167 + + + Detective force, 2 + + Dodd, Dr., 140 + + + Elizabethan ink, 107 + + Errors of eye-witnesses, 39 + + Essex, Earl of, 8 + + + Fallibility of eye-witnesses, 37 + + Fauld's observations on finger-prints, 62 + + Finger-prints, 54 + + ----, detection by, 66, 68 + + ----, heredity in, 62 + + ----, identification by, 59 + + ----, persistence of, 58 + + ----, systems of classifying, 64, 67 + + Forged documents, 93 + + Forgery trials, 135 + + + Gorse Hall murder, 41, 166 + + Gun-flash identification, 44 + + + Hair, identification of, 167 + + ---- of animals, 169 + + Hale, trial of, 135 + + Handwriting, 70 + + ----, evidence as to, 85 + + ----, heredity in, 71 + + ----, hypnotic, 82 + + ----, formation of, 73 + + ---- in diseases, 78 + + ---- in insanity, 79 + + ---- in paralysis, 80 + + ----, mistakes as to, 92 + + ---- of Napoleon, 76 + + ---- experts, 87 + + Herculaneum papyri, 113 + + Herschel's finger-print system, 55 + + Hypnotic writing, 81 + + + Ink in writing, 105 + + ---- ----, age of, 105, 110 + + ---- ----, differences in, 114 + + Insurance frauds, 8, 10 + + + Lamson, Dr., 201 + + Laundry mark identification, 35 + + Lovibond's tintometer, 108 + + + Matlock will case, 143 + + Maybrick trial, 18, 206 + + Microscope in forgery cases, 93 + + Milton's Bible, 108 + + Mirror writing, 80 + + Mistaken identity, 39, 41 + + Müller, 34 + + + Nairn, Katharine, 183 + + Napoleon's signatures, 76 + + + Ogilvie, trial of, 183 + + Overbury, murder of, 176 + + + Palmer, trial of, 18, 191 + + Perreaus, trial of the, 136 + + Personal identification, 37 + + Photographic identification, 48 + + ---- detection of forgery, 95 + + Physiological tests, 195 + + Pilcher's trial, 111, 149 + + Poisons, definition of, 185 + + ----, miraculous effects of, 171 + + Poisoning trials, 171 + + Police dogs, 32 + + Portraits, identification by, 27, 28 + + Preservatives in food, 224 + + Purkenje's finger prints, 54 + + + Rudd, trial of Mrs., 138 + + Russell, Lord William, 4 + + + Scientific assistance for prisoners, 13 + + ---- deduction, 6 + + ---- proof, 12 + + Smethurst, trial of, 19 + + Somerset, Countess of, 179 + + Spencer Cowper, trial of, 15, 85 + + Standards for food, 234 + + Suffolk witches, 172 + + Swan and Jefferies, trial of, 4 + + Sympathetic inks, 130 + + Systems of identification, 48 + + + Tawell, capture of, 24 + + ---- trial of, 187 + + Telectrograph, 26 + + Telegraph, capture by aid of, 24, 25 + + Tichborne case, 46 + + Turner, Anne, 172, 177 + + Typewritten matter, 97 + + + Weston, trial of, 172, 176 + + Whalley will case, 145 + + Witnesses as advocates, 19 + + Wireless telegraphy, 25, 27 + + Witchcraft and poisoning, 172 + + Wood, trial of, 121 + + Writers' cramp, 78 + + + Yarmouth murder, 34 + + +THE END + + +_Press of Isaac Pitman & Sons, Bath, England._ + + + + + +End of Project Gutenberg's Science and the Criminal, by C. Ainsworth Mitchell + +*** END OF THE PROJECT GUTENBERG EBOOK 44552 *** diff --git a/44552-h.zip b/44552-h.zip Binary files differdeleted file mode 100644 index ae6a27b..0000000 --- a/44552-h.zip +++ /dev/null diff --git a/44552-h/44552-h.htm b/44552-h/44552-h.htm index 4a95adb..35fdd6c 100644 --- a/44552-h/44552-h.htm +++ b/44552-h/44552-h.htm @@ -3,7 +3,7 @@ <html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> <head> - <meta http-equiv="Content-Type" content="text/html;charset=utf-8" /> + <meta http-equiv="Content-Type" content="text/html;charset=UTF-8" /> <meta http-equiv="Content-Style-Type" content="text/css" /> <title> Science and the Criminal, by C. Ainsworth Mitchell—A Project Gutenberg eBook @@ -51,46 +51,7 @@ </style> </head> <body> - - -<pre> - -Project Gutenberg's Science and the Criminal, by C. Ainsworth Mitchell - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. 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