The case of Oscar Slater

by Arthur Conan Doyle

The point was also raised against Slater that he used various aliases. He had been staying apart from his wife for about four years, during which time he cohabited with Miss Antoine. She stated that Slater’s wife was a drunken woman, and caused him a deal of trouble. At one time he adopted the name of “George,” and when he came to Glasgow on the last occasion he took the name of “Anderson.” On the voyage to America he took the name of Otto Sando, because his luggage was labelled O. S. At times he called himself a dentist. There was no evidence that he really was a dentist. Miss Antoine explained that he adopted the title of dentist, as he required a designation of some sort, although he was a gambler. A great deal was published in the newspapers about a hammer that had been found in one of his boxes. This turned out to be an ordinary small domestic nail hammer, purchased on a card containing several other tools, the lot costing only 2s. 6d. He, of course, took the hammer to America with him with all the rest of his belongings.

Nothing incriminating was found in any of his boxes.

No evidence whatever was led to show how the murderer gained access to the house.

It will be conceded that identification evidence, especially in a serious charge of this kind, must be examined very carefully, and should have little weight attached to it, unless it is very clear.

To sum up, the only real evidence in the case is that of those who saw a man running away on the night of the murder; and, as has been pointed out, these witnesses had only a momentary glance at him. Adams does not positively identify the prisoner as the man. He says he closely resembles him.

Lambie’s New York evidence has already been referred to, and her evidence at the trial cannot be reconciled with it.

Lambie and Barrowman both saw him in custody before trying to identify him in New York, and the latter, before identifying him, was shown his photograph.

All the other identifying witnesses called to give evidence as to his having been seen in the vicinity on days previous to the murder were taken down to the General Police Office when Slater returned from America to identify him. They were shown into one room together, and then separately taken into a room in the Police Office, where Slater was amongst about a dozen men, none of whom were like him. (Cunningham says she could see that the other men were policemen in plain clothes.) All these witnesses knew that Slater had arrived from America, and was in the room. They had all read his description in the newspapers, or had seen his photograph. They all, therefore, looked for, and had no difficulty in pointing out, a dark, foreign-looking man, with a somewhat peculiarly shaped nose. It is submitted that this is not identification evidence in the proper sense at all. Had these people been able to pick out, as their man, from amongst several others, a man whose description they only knew from what they had previously seen of him, unassisted by description, and unassisted by a photograph, the value of their evidence would have been entirely different.

Some Crown witnesses identified him as the man they had seen and talked to (Shipping Clerk, Porter, &c.), but they, of course, were able to do so. None of the identifying witnesses had ever spoken to him.

Identification evidence is a class of evidence which the law distrusts. The most famous authority is the case of Adolf Beck. Beck was, in 1896, sentenced to seven years’ penal servitude, on the evidence of ten women, who swore positively that he was a man whom they had each met on two occasions, and spent some time within their own houses, and who had defrauded them, and on the evidence of two policemen, who swore positively that Beck was the man who had been previously convicted of similar crimes, taken along with certain circumstantial evidence—that he was known to frequent a hotel on the notepaper of which one of the women had received a letter. Again, in 1904, Beck was convicted of similar crimes on similar evidence. It was subsequently demonstrated that Beck committed none of the crimes, but that a man bearing a general similarity to him was the criminal.