Apart from this crushing fact, several of the other points of the prosecution had already shown themselves to be worthless. It had seemed at first that Slater’s departure had been sudden and unpremeditated—the flight of a guilty man. It was quickly proved that this was not so. In the Bohemian clubs which he frequented—he was by profession a peddling jeweller and a man of disreputable, though not criminal habits—it had for weeks before the date of the crime been known that he purported to go to some business associates in America. A correspondence, which was produced, showed the arrangements which had been made, long before the crime, for his emigration, though it should be added that the actual determination of the date and taking of the ticket were subsequent to the tragedy.

This hurrying-up of the departure certainly deserves close scrutiny. According to the evidence of his mistress and of the servant, Slater had received two letters upon the morning of December 21st. Neither of these were produced at the trial. One was said to be from a Mr. Rogers, a friend of Slater’s in London, telling him that Slater’s wife was bothering him for money. The second was said to be from one Devoto, a former partner of Slater’s asking him to join him in San Francisco. Even if the letters had been destroyed, one would imagine that these statements as to the letters could be disproved or corroborated by either the Crown or the defence. They are of considerable importance, as giving the alleged reasons why Slater hurried up a departure which had been previously announced as for January. I cannot find, however, that in the actual trial anything definite was ascertained upon the matter.

Another point had already been scored against the prosecution in that the seven trunks which contained the whole effects of the prisoner, yielded nothing of real importance. There were a felt hat and two cloth ones, but none which correspond with the Donegal of the original description. A light-coloured waterproof coat was among the outfit. If the weapon with which the deed was done was carried off in the pocket of the assassin’s overcoat—and it is difficult to say how else he could have carried it, then the pocket must, one would suppose, be crusted with blood, since the crime was a most sanguinary one. No such marks were discovered, nor were the police fortunate as to the weapon. It is true that a hammer was found in the trunk, but it was clearly shown to have been purchased in one of those cheap half-crown sets of tools which are tied upon a card, was an extremely light and fragile instrument, and utterly incapable in the eyes of commonsense of inflicting those terrific injuries which had shattered the old lady’s skull. It is said by the prosecution to bear some marks of having been scraped or cleaned, but this was vigorously denied by the defence, and the police do not appear to have pushed the matter to the obvious test of removing the metal work, when they must, had this been indeed the weapon, have certainly found some soakage of blood into the wood under the edges of the iron cheeks or head. But a glance at a facsimile of this puny weapon would convince an impartial person that any task beyond fixing a tin-tack, or cracking a small bit of coal, would be above its strength. It may fairly be said that before the trial had begun, the three important points of the pawned jewel, the supposed flight, and the evidence from clothing and weapon, had each either broken down completely, or become exceedingly attenuated.

Let us see now what there was upon the other side. The evidence for the prosecution really resolved itself into two sets of witnesses for identification. The first set were those who had actually seen the murderer, and included Adams, Helen Lambie, and the girl Barrowman. The second set consisted of twelve people who had, at various dates, seen a man frequenting the street in which Miss Gilchrist lived, and loitering in a suspicious manner before the house. All of these, some with confidence, but most of them with reserve, were prepared to identify the prisoner with this unknown man. What the police never could produce, however, was the essential thing, and that was the least connecting link between Slater and Miss Gilchrist, or any explanation how a foreigner in Glasgow could even know of the existence, to say nothing of the wealth, of a retired old lady, who had few acquaintances and seldom left her guarded flat.

It is notorious that nothing is more tricky than evidence of identification. In the Beck case there were, if I remember right, some ten witnesses who had seen the real criminal under normal circumstances, and yet they were all prepared to swear to the wrong man. In the case of Oscar Slater, the first three witnesses saw their man under conditions of excitement, while the second group saw the loiterer in the street under various lights, and in a fashion which was always more or less casual. It is right, therefore, that in assigning its due weight to this evidence, one should examine it with some care. We shall first take the three people who actually saw the murderer.

There seems to have been some discrepancy between them from the first, since, as has already been pointed out, the description published from the data of Adams and Lambie, was modified after Barrowman had given her information. Adams and Lambie said:

“A man between twenty-five and thirty years of age, 5 feet 8 or 9 inches in height, slim build, dark hair, clean-shaven, dressed in light grey overcoat and dark cloth cap.”

After collaboration with Barrowman the description became:

“Twenty-eight or thirty years of age, tall and thin, clean-shaven, his nose slightly turned to one side. Wore one of the popular round tweed hats known as Donegal hats, and a fawn-coloured overcoat which might have been a waterproof, also dark trousers and brown boots.”

Apart from the additions in the second description there are, it will be observed, two actual discrepancies in the shape of the hat and the colour of the coat.