MYSTERIES OF POLICE
AND CRIME

Mysteries
OF
Police and Crime

BY
Major ARTHUR GRIFFITHS
FORMERLY ONE OF H.M. INSPECTORS OF PRISONS; JOHN HOWARD GOLD
MEDALLIST; AUTHOR OF “MEMORIALS OF MILLBANK,” “CHRONICLES OF
NEWGATE,” ETC.
PROFUSELY ILLUSTRATED
IN THREE VOLUMES
VOL. I.
SPECIAL EDITION
CASSELL AND COMPANY, Limited
LONDON, PARIS, NEW YORK & MELBOURNE
ALL RIGHTS RESERVED

CONTENTS.

Part I.
A GENERAL SURVEY OF CRIME AND ITS DETECTION.

Crime Distinguished from Law-breaking—The General Liability to Crime—Preventive Agencies—Plan of the Work—Different Types of Murders and Robberies—Crime Developed by Civilisation—The Police the Shield and Buckler of Society—Difficulty of Disappearing under Modern Conditions—The Press an Aid to the Police: the Cases of Courvoisier, Müller, and Lefroy—The Importance of Small Clues—“Man Measurement” and Finger-Prints—Strong Scents as Clues—Victims of Blind Chance: the Cases of Troppmann and Peace—Superstitions of Criminals—Dogs and other Animals as Adjuncts to the Police—Australian Blacks as Trackers: Instances of their Almost Superhuman Skill—How Criminals give themselves Away: the Murder of M. Delahache, the Stepney Murder, and other Instances—Cases in which there is Strong but not Sufficient Evidence: the Burdell and Various Other Murders: the Probable Identity of “Jack the Ripper”—Undiscovered Murders: the Rupprecht, Mary Rogers, Nathan, and other Cases: Similar Cases in India: the Burton Crescent Murder: the Murder of Lieutenant Roper—The Balance in Favour of the Police.

I.—THE CAUSES OF CRIME.

CRIME is the transgression by individuals of rules made by the community. Wrong-doing may be either intentional or accidental—a wilful revolt against law, or a lapse through ignorance of it. Both are punishable by all codes alike, but the latter is not necessarily a crime. To constitute a really criminal act the offence must be wilful, perverse, malicious; the offender then becomes the general enemy, to be combated by all good citizens, through their chosen defenders, the police. This warfare has existed from the earliest times; it is in constant progress around us to-day, and it will continue to be waged until the advent of that Millennium in which there is to be no more evil passion to agitate mankind.

It may be said that society itself creates the crimes that most beset it. If the good things of life were more evenly distributed, if everyone had his rights, if there were no injustice, no oppression, there would be no attempts to readjust an unequal balance by violent or flagitious means. There is some force in this, but it is very far from covering the whole ground, and it cannot excuse many forms of crime. Crime, indeed, is the birthmark of humanity, a fatal inheritance known to the theologians as original sin. Crime, then, must be constantly present in the community, and every son of Adam may, under certain conditions, be drawn into it. To paraphrase a great saying, some achieve crime, some have it thrust upon them; but most of us (we may make the statement without subscribing to all the doctrines of the criminal anthropologists) are born to crime. The assertion is as old as the hills; it was echoed in the fervent cry of pious John Bradford when he pointed to the man led out to execution, “There goes John Bradford but for the grace of God!”

Criminals are manufactured both by social cross-purposes and by the domestic neglect which fosters the first fatal predisposition. “Assuredly external factors and circumstances count for much in the causation of crime,” says Maudsley. The preventive agencies are all the more necessary where heredity emphasises the universal natural tendency. The taint of crime is all the more potent in those whose parentage is evil. The germ is far more likely to flourish into baleful vitality if planted by congenital depravity. This is constantly seen with the offspring of criminals. But it is equally certain that the poison may be eradicated, the evil stamped out, if better influences supervene betimes. Even the most ardent supporters of the theory of the “born criminal” admit that this, as some think, imaginary monster, although possessing all the fatal characteristics, does not necessarily commit crime. The bias may be checked; it may lie latent through life unless called into activity by certain unexpected conditions of time and chance. An ingenious refinement of the old adage, “Opportunity makes the thief,” has been invented by an Italian scientist, Baron Garofalo, who declares that “opportunity only reveals the thief”; it does not create the predisposition, the latent thievish spirit.

However it may originate, there is still little doubt of the universality, the perennial activity of crime. We may accept the unpleasant fact without theorising further as to the genesis of crime. I propose in these pages to take criminals as I find them; to accept crime as an actual fact, and in its multiform manifestations; to deal with its commission, the motives that have caused it, the methods by which it has been perpetrated, the steps taken—sometimes extraordinarily ingenious and astute, sometimes foolishly forgetful and ineffective—to conceal the deed and throw the pursuers off the scent; on the other hand, I shall set forth in some detail the agencies employed for detection and exposure. The subject is comprehensive, the amount of material available is colossal, almost overwhelming.

Every country, civilised and uncivilised, the whole world at large in all ages, has been cursed with crime. To deal with but a fractional part of the evil deeds that have disgraced humanity would fill endless volumes; where “envy, hatred, and malice, and all uncharitableness” have so often impelled those of weak moral sense to yield to their criminal instincts, a full catalogue would be impossible. It must be remembered that crime is ever active in seeking new outlets, always keen to adopt new methods of execution; the ingenuity of criminals is infinite, their patient inventiveness is only equalled by their reckless audacity. They will take life without a moment’s hesitation, and often for a miserably small gain; will prepare great coups a year or more in advance and wait still longer for the propitious moment to strike home; will employ address and great brain power, show fine resource in organisation, the faculty of leadership, and readiness to obey; will utilise much technical skill; will assume strange disguises and play many different parts, all in the prosecution of their nefarious schemes or in escaping penalties after the deed is done.

With material so abundant, so varied and complicated, it will be necessary to use some discretion, to follow certain clearly defined lines of choice. I propose in these pages to adopt the principle embodied in the title and to deal more particularly with the “mysteries” of crime and its incomplete, partial, or complete detection; with offences not immediately brought home to their perpetrators; offences prepared in secret, committed by offenders who have long remained perhaps entirely unknown, but who have sometimes met with their true deserts; offences that have in consequence exercised the ingenuity of pursuers, showing the highest development of the game of hide-and-seek, where the hunt is man, where one side fights for life and liberty, immunity from well-merited reprisals, the other is armed with authority to capture the human beast of prey. The flights and vicissitudes of criminals with the police at their heels make up a chronicle of moving, hair-breadth adventure unsurpassed by books of travel and sport.

Typical cases only can be taken, in number according to their

relative interest and importance, but all more or less illustrating and embracing the hydra-headed varieties of crime. We shall see murders most foul, committed under the strangest conditions; brutal and ferocious attacks, followed by the most cold-blooded callousness in disposing of the evidences of the crime. In some cases a man will kill, as Garofalo puts it, “for money and possessions, to succeed to property, to be rid of one wife through hatred of her or to marry another, to remove an inconvenient witness, to avenge a wrong, to show his skill or his hatred and revolt against authority.” This class of criminal was well exemplified by the French murderer Lacenaire, who boasted that he would kill a man as coolly as he would drink a glass of wine. They are the deliberate murderers, who kill of malice aforethought and in cold blood. There will be slow, secret poisonings, often producing confusion and difference of opinion among the most distinguished scientists; successful associations of thieves and rogues, with ledgers and bank balances, and regularly audited accounts; secret societies, some formed for purely flagitious ends, with commerce and capitalists for their quarry; others for alleged political purposes, but working with fire and sword, using the forces of anarchy and disorder against all established government.

The desire to acquire wealth and possessions easily, or at least without regular, honest exertion, has ever been a fruitful source of crime. The depredators, whose name is legion, the birds of prey ever on the alert to batten upon the property of others, have flourished always, in all ages and climes, often unchecked or with long impunity. Their methods have varied almost indefinitely with their surroundings and opportunities. Now they have merely used violence and brute force, singly or in associated numbers, by open attack on highway and byway, on road, river, railway, or deep sea; now they have got at their quarry by consummate patience and ingenuity, plotting, planning, undermining or overcoming the strongest safeguards, the most vigilant precautions. Robbery has been practised in every conceivable form: by piracy, the bold adventure of the sea-rover flying his black flag in the face of the world; by brigandage in new or distracted communities, imperfectly protected by the law; by daring outrage upon the travelling public, as in the case of highwaymen, bushrangers, “holders-up” of trains; by the forcible entry of premises or the breaking down of defences designed against attack—by burglary in banks and houses, “winning” through the iron walls of safes and strong-rooms, so as to reach the treasure within, whether gold or securities or precious stones; by robberies from the person, daring garrotte robberies, dexterous neat-handed pilfering, pocket-picking, counter-snatching; by insinuating approaches to simple-minded folk, and the astute, endlessly multiplied application of the time-honoured Confidence Trick.

Crime has been greatly developed by civilisation, by the numerous processes invented to add to the comforts and conveniences in the business of daily life. The adoption of a circulating medium was soon followed by the production of spurious money, the hundred and one devices for forging notes, manufacturing coin, and clipping, sweating, and misusing that made of precious metals. The extension of banks, of credit, of financial transactions on paper, has encouraged the trade of the forger and fabricator, whose misdeeds, aimed against monetary values of all kinds, cover an extraordinarily wide range. The gigantic accumulation no less than the general diffusion of wealth, with the variety of operations that accompany its profitable manipulation, has offered temptations irresistibly strong to evil-or weak-minded people, who seem to see chances of aggrandisement, or of escape from pressing embarrassments, with the strong hope always of replacing abstractions, rectifying defalcations, or altogether evading detection. Less criminal, perhaps, but not less reprehensible, than the deliberately planned colossal frauds of a Robson, a Redpath, or a Sadleir are the victims of adverse circumstances, the Strahans, Dean-Pauls, Fauntleroys, who succeeded to bankrupt businesses and sought to cover up insolvency with a fight, a losing fight, against misfortune, resorting to nefarious practices, wholesale forgery, absolute misappropriation, and unpardonable breaches of trust.

Between the “high flyers,” the artists in crime, and the lesser fry, the rogues, swindlers, and fraudulent impostors, it is only a question of degree. These last-named, too, have in many instances swept up great gains. The class of adventurer is nearly limitless; it embraces many types, often original in character and in their criminal methods, clever knaves possessed of useful qualities—indeed, of natural gifts that might have led them to assured fortune had they but chosen the straight path and followed it patiently. We shall see with what infinite labour a scheme of imposture has been built up and maintained, how nearly impossible it was to combat the fraud, how readily the swindler will avail himself of the latest inventions, the telegraph and the telephone, of chemical appliances, of photography in counterfeiting signatures or preparing banknote plates, ere long, perchance, of the Röntgen rays. We shall find the most elaborate and cleverly designed attacks on great banking corporations, whether by open force or insidious methods of forgery and falsification, attacks upon the vast stores of valuables that luxury keeps at hand in jewellers’ safes and shop fronts, and on the dressing-tables of great dames. Crime can always command talent, industry also, albeit laziness is ingrained in the criminal class. The desire to win wealth easily, to grow suddenly rich by appropriating the possessions or the earnings of others, is no doubt a strong incitement to crime; yet the depredator who will not work steadily at any honest occupation will give infinite time and pains to compass his criminal ends.

II.—THE HUNTERS AND THE HUNTED.

Society, weak, gullible, and defenceless, handicapped by a thousand conventions, would soon be devoured alive by its greedy parasites: but happily it has devised the shield and buckler of the police; not an entirely effective protector, perhaps, but earnest, devoted, unhesitating in the performance of its duties. The finer achievements of eminent police officers are as striking as the exploits of the enemies they continually pursue. In the endless warfare success inclines now to this side, now to that; but the forces of law and order have generally the preponderance in the end. Infinite pains, unwearied patience, abounding wit, sharp-edged intuition, promptitude in seizing the vaguest shadow of a clue, unerring sagacity in clinging to it and following it up to the end—these qualities make constantly in favour of the police. The fugitive is often equally alert, no less gifted, no less astute; his crime has often been cleverly planned so as to leave few, if any, traces easily or immediately apparent, but he is constantly overmatched, and the game will in consequence go against him. Now and again, no doubt he is inexplicably stupid and shortsighted, and will run his head straight into the noose. Yet the hunters are not always free from the same fault; they will show blindness, will overrun their quarry, sometimes indeed open a door for escape.

In measuring the means and the comparative advantages of the opponents, of hunted and hunters, it is generally believed that the police have much the best of it. The machinery, the organisation of modern life, favours the pursuers. The world’s “shrinkage,” the facilities for travel, the narrowing of neutral ground, of secure sanctuary for the fugitive, the universal, almost immediate, publicity that waits on startling crimes—all these are against the criminal. Electricity is his worst and bitterest foe, and next to it rank the post and the Press. Flight is checked by the wire, the first mail carries full particulars everywhere, both to the general public and to a ubiquitous international police, brimful of camaraderie and willing to help each other. It is not easy to disappear nowadays, although I have heard the contrary stoutly maintained. A well-known police officer once assured me that he could easily and effectually efface himself, given certain conditions, such as the possession of sufficient funds (not of a tainted origin that might draw down suspicion), or the knowledge of some honest wage-earning handicraft, or fluency in some foreign language, and, above all, a face and features not easily recognisable. Given any of these conditions, he declared he could hide himself completely in the East-End, or the Western Hebrides, or South America, or provincial France, or some Spanish mountain town. In proof of this he declared that he had lived for many months in an obscure French village, and, being well acquainted with French, passed quite unknown, while watching for someone; and he strengthened his argument by quoting the case of the perpetrator of a recent robbery of pearls, who baffled pursuit for months, and gave herself up voluntarily in the end.

On the other hand, it may be questioned whether this lady was altogether hidden, or whether she was so terribly “wanted” by the police. In any case, pursuit was not so keen as it would have been with more notorious criminals. Nor can the many well-established cases of men and women leading double lives be quoted in support of this view. Such people are not necessarily in request; there may be a secret reason for concealment, for dreading discovery, but it has generally been of a social, a domestic, not necessarily a criminal character. We have all heard of the crossing-sweeper who did so good a trade that he kept his brougham to bring him to business from a snug home at the other end of the town. A case was quoted in the American papers some years back where a merchant of large fortune traded under one name, and was widely known under it “down town,” yet lived under another “up town,” where he had a wife and large family. This remarkable dissembler kept up the fraud for more than half a century, and when he died his eldest son was fifty-one, the rest of his children were middle-aged, and none of them had the smallest idea of their father’s wealth, or of his other existence. The case is not singular, moreover. Another on all fours, and even more romantic, was that of two youths with different names, walking side by side in the streets of New York, who saluted the same man as father; a gentleman with two distinct personalities.

Such deception may be long undetected when it is no one’s business to expose it. Where crime complicates it, where the police are on the alert and have an object in hunting the wrong-doer down, disappearance is seldom entirely successful. Dr. Jekyll could not cover Mr. Hyde altogether when his homicidal mania became ungovernable. The clergyman who lived a life of sanctity and preached admirable sermons to an appreciative congregation for five full years was run down at last and exposed as a noted burglar in private life. “Sir Granville Temple,” as he called himself, when he had committed bigamy several times, was eventually uncloaked and shown up as an army deserter whose father was master of a workhouse. Criminals who seek effacement do not take into sufficient account the curiosity and inquisitiveness of mankind. At times, just after the perpetration of a great crime, when the criminal is missing and the pursuit at fault, every gossip, landlady, “slavey,” local tradesman, ’bus conductor, lounger on the cab rank, newsboy, railway guard, becomes an active amateur agent of the police, prying, watching, wondering, looking askance at every stranger and newcomer; ready to call in the constable on the slightest suspicion, or immediately report any unusual circumstance. The rapid dissemination of news to the four quarters of the land by our far-reaching, indefatigable, and wide-awake Press has undoubtedly secured many arrests. The judicious publication of certain details, of personal descriptions, of names, aliases, and the supposed movements of persons in request, has constantly borne fruit. In France police officials often deprecate the incautious utterances of the Press, but it is a common practice of theirs in Paris to give out fully prepared items to the newspapers with the express intention of deceiving their quarry; the missing man has been lulled into fancied security by hearing that the pursuers are on a wrong scent, and, issuing from concealment, “gives himself away.”

III.—THE PRESS AN AID TO THE POLICE.

Long ago, as far back as the murder of Lord William Russell by Courvoisier, proof of the crime was greatly assisted by the publication of the story in the Press. Madame Piolaine, an hotel-keeper, read in the newspaper of the arrest of a suspected person, recognising him as a man who had been in her service as a waiter. Only a day or two after the murder he had come to her, begging her to take charge of a brown paper parcel, for which he would call. He had never returned, and now Madame Piolaine hunted up the parcel, which lay at the bottom of a cupboard, where she had placed it. The fact that Courvoisier had brought it justified her in examining it, and she now found that it contained a quantity of silver plate, and other articles of value. When the police were called in, they identified the whole as part of the property abstracted from Lord William Russell’s. Here was a link directly connecting Courvoisier with the murder. Hitherto the evidence had been mainly presumptive. The discovery of Lord William’s Waterloo medal, with his gold rings and a ten-pound note, under the skirting-board in Courvoisier’s pantry was strong suspicion, but no more. The man had a gold locket, too, in his possession, the property of Lord William Russell, but it had been lost some time antecedent to the murder. All the evidence was presumptive, and the case was not made perfectly clear until Madame Piolaine was brought into it through the publicity given by the Press.

In the murder of Mr. Briggs by the German, Franz Müller, detection was greatly facilitated by the publicity given to the facts of the crime. The hat found in the railway carriage where the deed had been done was a chief clue. It bore the maker’s name inside the cover, and very soon a cabman who had read this in the newspaper came forward to say he had bought that very hat at that very maker’s for a man named Müller. Müller had been a lodger of his, and had given his little daughter a jeweller’s cardboard box, bearing the name of “Death, Cheapside.” Already this Mr. Death had produced the murdered man’s gold chain, saying he had given another in exchange for it to a man supposed to be a German. There could be no doubt now that Müller was the murderer. His movements were easily traced. He had gone across the Atlantic in a sailing ship, and was easily forestalled by the detectives in a fast Atlantic liner, which also carried the jeweller and the cabman.

Where identity is clear the publication of the signalement, if possible of the likeness, has reduced capture to a certainty; it is a mere question then of time and money. Lefroy, the murderer of Mr. Gold, was caught through the publicity given to his portrait, which had appeared in the columns of the Daily Telegraph. Some eminent but highly cautious police officers nevertheless deprecate the interference of the Press, and have said that the premature or injudicious disclosure of facts obtained in the progress of investigation has led to the escape of criminals. It is to be feared that there is an increasing distrust of the official methods of detection, and the Press is more and more inclined to institute a pursuit of its own when mysterious cases continue unsolved. We may yet see this system, which has sometimes been employed by energetic reporters in Paris, more largely adopted here. Without entering into the pro’s and con’s of such competition, it is but right to admit that the Press, with its powerful influence, its ramifications endless and widespread, has already done great service to justice in following up crime. So convinced are the London police authorities of the value of a public organ for police purposes, that they publish a newspaper of their own, the admirably managed Police Gazette, which is an improved form of a journal started in 1828. This gazette, which is circulated gratis to all police forces in the United Kingdom, gives full particulars of crimes and of persons “wanted,” with rough but often life-like woodcut portraits and sketches that help capture. Ireland has a similar organ, the Dublin Hue and Cry; and some of the chief constables of counties send out police reports that are highly useful at times. Through these various channels news travels quickly to all parts, puts all interested on the alert, and makes them active in running down their prey.

IV.—THE IMPORTANCE OF SMALL CLUES.

Detection depends largely, of course, upon the knowledge, astuteness, ingenuity, and logical powers of police officers, although they find many independent and often unexpected aids, as we shall see. The best method of procedure is clearly laid down in police manuals: an immediate systematic investigation on the theatre of a crime, the minute examination of premises, the careful search for tracks and traces, for any article left behind, however insignificant, such as the merest fragment of clothing, a scrap of paper, a harmless tool, a hat, half a button; the slow, persistent inquiry into the antecedents of suspected persons, of their friends and associates, their movements and ways, unexplained change of domicile, proved possession of substantial funds after previous indigence—all these are detailed for the guidance of the detective. It will be seen in the following pages how small a thing has often sufficed to form a clue. A name chalked upon a door in tell-tale handwriting; half a word scratched upon a chisel, has led to the identification of its guilty owner, as in the case of Orrock. A button dropped after a burglary has been found to correspond with those on the coat of a man in custody for another offence, and with the very place from which it was torn. The cloth used to enclose human remains has been recognised as that used by tailors, and the same with the system of sewing, thus narrowing inquiry to a particular class of workmen; and the fact is well illustrated in the detection of Voirbo, to be hereafter told. The position of a body has shown that death could not have been accidental. A false tooth, fortunately incombustible, has sufficed for proof of identity when every other vestige has been annihilated by fire, as in the case of Dr. Webster of Boston.

In one clear case of murder, detection was aided by the simple discovery of a few half-burnt matches that the criminal had used in lighting candles in his victim’s room to keep up the illusion that he was still alive. A dog, belonging to a murdered man, had been seen to leave the house with him on the morning of the crime, and was yet found fourteen days later alive and well, with fresh food by him, in the locked-up apartment to which the occupier had never returned. The strongest evidence against Patch, the murderer of Mr. Blight at Rotherhithe, was that the fatal shot could not possibly have been fired from the road outside, and the first notion of this was suggested by the doctor called in, afterwards eminent as Sir Astley Cooper. In the Gervais case proof depended greatly upon the date when the roof of a cellar had been disturbed, and this was shown to have been necessarily some time before, for in the interval the cochineal insects had laid their eggs, and this only takes place at a particular season. We shall see in the Voirbo case, quoted above, how an ingenious police officer, when he found bloodstains on a floor, discovered where a body had been buried by emptying a can of water on the uneven stones and following the channels in which it ran.

Finger-prints and foot-marks have again and again been cleverly worked into undeniable evidence. The impression of the first is personal and peculiar to the individual; by the latter the police have been able to fix beyond question the direction in which criminals have moved, their character and class, and the neighbourhood that owns them. The labours of the scientist have within the last few years produced new methods of identification, which are invaluable in the pursuit and detection of criminals. The patient investigations of a medical expert, M. Bertillon, of Paris (one of the witnesses in the Dreyfus case), developing the scientific discovery of his father, have proved beyond all question that certain measurements of the human frame are not only constant and unchangeable, but peculiar to each subject; the width of the head, the length of the face, of the middle finger, of the lower limbs from knee to foot, and so forth, provide such a number of combinations that no two persons, speaking broadly, possess them all exactly alike. This has established the system of anthropometry, of “man measurement,” which has now been adopted on the same lines by every civilised nation in the world. The system, however, is on the face of it a complicated one, and at New Scotland Yard it has now been abandoned in favour of the finger-prints method. Mr. Francis Galton, to whose researches this mode of identification is due, has proved that finger prints, exhibited in certain unalterable combinations, suffice to fix individual identity, and his system of notation, as now practised in England, will soon provide a general register of all known criminals in the country.

The ineffaceable odour of musk and other strong scents has more than once brought home robbery and murder to their perpetrators. A most interesting case is recorded by General Harvey,[1] where, in the plunder of a native banker and pawnbroker in India, an entire pod of musk, just as it had been excised from the deer, was carried off with a number of valuables. Musk is a costly commodity, for it is rare, and obtained generally from far-off Thibet. The police, in following up the dacoits, invaded their tanda, or encampment, and were at once conscious of an unmistakable and overpowering smell of musk,

which was presently dug up with a number of rupees, coins of an uncommon currency.

In another instance a scent merchant’s agent, returning from Calcutta, brought back with him a flask of spikenard. He travelled up country by boat part of the way, then landed to complete the journey, and carried with him the spikenard. He fell among thieves, a small gang of professional poisoners, who disposed of him, killing him and his companions and throwing them into the river. Long afterwards the criminals, who had appropriated all their goods, were detected by the tell-tale smell of the spikenard in their house, and the flask, nearly emptied, was discovered beneath a stack of fuel in a small room.

Yet again, the smell of opium led to the detection of a robbery in the Punjaub, where a train of bullock carts laden with the drug was plundered by dacoits. After a short struggle the bullock drivers bolted, the thieves seized the opium and buried it. But, returning through a village, they were intercepted as suspicious characters, and it was found that their clothes smelt strongly of opium. Then their footsteps were traced back to where they had committed the robbery, and thence to a spot in the dry bed of a river, in which the opium was found buried.

In India, again, many cases of obscure homicide have been brought to light by such a trifling fact as the practice, common among native women, of wearing glass, or rather shell lac, bangles or bracelets. These choorees, as they are called, are heated, then wound round wrist or ankle in continuous circles and joined. They are very brittle, and will naturally be easily smashed in a violent struggle. Fruitless search was made for a woman who had disappeared from a village, until in a field adjoining the fragments of broken choorees were picked up. On digging below, the corpse of the missing woman, bearing marks of foul play, was discovered.

In another case a father identified certain broken choorees as belonging to his daughter; they had been found, with traces of blood and wisps of female hair, near a well, and were the means of bringing home the murder. Cheevers[2] tells us that a young woman was seen to throw a boy ten years of age into a dry well twenty feet deep. Information was given, and the child was extracted, a corpse. Pieces of choorees were picked up near the well similar to those worn by the woman, who was arrested and eventually convicted of murder. Here the ingenious defence was set up that the child’s mother, a woman of the same caste as the accused, and likely to wear the same kind of bangle, had gone to wail at the well-side and might have broken her glass ornaments in the excess of her grief. But sentence of death was passed.

V.—“LUCK” FOR AND AGAINST CRIMINALS.

Among the many outside aids to detection, “luck,” blind chance, takes a very prominent place. We shall come upon innumerable instances of this. Troppmann, the wholesale murderer, was apprehended quite by accident, because his papers were not in proper form. He might still have escaped prolonged arrest had he not run for it and tried to drown himself in the harbour at Havre. The chief of a band of French burglars was arrested in a street quarrel, and was found to be carrying a great part of the stolen bonds in his pocket. When Charles Peace was taken at Blackheath in the act of burglary, and charged with wounding a policeman, no one suspected that this supposed half-caste mulatto, with his dyed skin, was a murderer much wanted in another part of the country. Every good police officer freely admits the assistance he has had from fortune. One of these—famous, not to say notorious, for he fell into bad ways—described to me how he was much thwarted and baffled in a certain case by his inability to come upon the person he was after, or any trace of him, and how, meeting a strange face in the street, a sudden impulse prompted him to turn and follow it, with the satisfactory result that he was led straight to his desired goal. The same officer confessed that chancing to see a letter delivered by the postman at a certain door he was tempted to become possessed of it, and did not hesitate to steal it. When he had opened and read it, he found the clue of which he was in search!

Criminals themselves believe strongly in luck, and in some cases are most superstitious. An Italian, whose speciality was sacrilege, never broke into a church without kneeling down before the altar to pray for good fortune and large booty. The whole system of Thuggee was based on superstition. The bands never operated without taking the omens; noting the flight of birds, the braying of a jackass to right or left, and so on, interpreting these things as warnings

or as encouragements to proceed. This superstitious belief in luck is still prevalent. A notorious banknote forger in France carefully abstained from counterfeiting notes of two values, those for 500 francs and 2,000 francs, being convinced that they would bring him into trouble. Thieves, it has been noticed, generally follow one line of business, because a first essay in it was successful. The man who steals coats steals them continually; once a horse thief always a horse thief; the forger sticks to his own line, as do the pickpocket, the burglar, and the performer of the confidence trick. The burglar dislikes extremely the use of any tools or instruments but his own; he generally believes that another man’s false keys, jemmies, and so forth, would bring him bad luck. Only in matter-of-fact America does the cracksman rise superior to superstition. There a good business is done by certain people who lend housebreaking tools on hire.

Instinct, aboriginal and animal, has helped at times to bring criminals to justice. The mediæval story of the dog of Montargis may be mere fable, but it rests on historic tradition that after Macaire had murdered Aubry de Montdidier in the forest of Bondy, the extraordinary aversion shown by the dog to Macaire first aroused suspicion, and led to the ordeal of mortal combat, in which the dog triumphed.

It has been sometimes suggested that the instinct of animals might be further utilised in the pursuit of criminals. Something more than the well-known unerring chase of the bloodhound might be got from the marvellous intelligence of dogs. We shall see how the strange restlessness of the dog owned by Wainwright’s manager in the Whitechapel Road nearly led to the discovery of the murdered Harriet Lane’s remains. The clever beast was perpetually scratching at the floor beneath which the poor woman was buried, and his inconvenient restlessness no doubt led to his own destruction, for Wainwright is said to have made away with the dog. In India the idea of using the pariah dog for the purpose of smelling out buried bodies has been often put forward. Dogs would avail little, however, if the corpse lay at a great depth below ground, and hence the suggestion to draw upon the keener sense, exercised over a wider range above and below ground, of the vulture. This foul bird is commonly believed to be untameable, but it might assist unconsciously. Vultures are much given to perching upon the same tree near every Indian station, and close observation might reveal the direction of their flight. Their presence at any particular spot would constitute fair grounds for suspicion that they were after carrion. Indian police experience records many cases of the discovery of bodies through the agency of kites, vultures, crows, and scavenging wild beasts. The howling of a jackal has given the clue; in one remarkable case the body of a murdered child was traced through the snarling and quarrelling of jackals over the remains. A murderer who had buried his victim under a heap of stones, on returning (the old story) to the spot found that it had been unearthed by wild animals.

VI.—THE TRACKING INSTINCT IN AUSTRALIAN ABORIGINES.

The strange, almost superhuman, powers of the Australian blacks in following blind, invisible tracks have been turned to good account in the detection of crime. Their senses of sight, smell, and touch are abnormally acute. They can distinguish the trail of lost animals one from the other, and follow it for hundreds of miles. Like the Red Indians of North America, they judge by a leaf, a blade of grass, a mere splash in the mud; they can tell with unfailing precision whether the ground has been recently disturbed, and even what has passed over it.

A remarkable instance occurred in the colony of Victoria in 1851, when a stockholder, travelling up to Melbourne with a considerable sum of money, disappeared. His horse had returned riderless to the station, and without saddle or bridle. A search was at once instituted, but proved fruitless. The horse’s hoof-marks were followed to the very boundary of the run, near which stood a hut occupied by two shepherds. These men, when questioned, declared that neither man nor horse had passed that way. Then a native who worked on the station was pressed into the service, and starting from the house, walking with downcast eyes and occasionally putting his nose to the ground, he easily followed the horse’s track to the shepherds’ hut, where he at once offered some information. “Two white mans walk here,” he said, pointing to indications he alone could discover on the ground. A few yards farther he cried, “Here fight! here large fight!” and it was seen that the grass had been trampled down. Again, close at hand, he shouted in great excitement, “Here kill—kill!” A minute examination of the spot showed that the earth had been moved recently, and on turning it over a quantity of clotted blood was found below.

There was nothing, however, definitely to prove foul play, and further search was necessary. The black now discovered the tracks of men by the banks of a small stream hard by, which formed the boundary of the run. The stream was shrunk to a tiny thread after the long drought, and here and there was swallowed up by sand. But it gathered occasionally into deep, stagnant pools, which marked its course. Each of these the native examined, still finding foot-marks on the margin. At last the party reached a pond larger than any, wide, and seemingly very deep. The tracker, after circling round and round the bank, said the trail had ceased, and bent all his attention upon the surface of the water, where a quantity of dark scum was floating. Some of this he skimmed off, tasted and smelt it, and decided positively—“White man here.”

The pond was soon dragged with grappling-irons and long spears, and presently a large sack was brought up, which was found to contain the mangled remains of the missing stockholder. The sack had been weighted with many stones to prevent it from rising to the surface.

Suspicion fell upon the two shepherds who lived in the hut on the boundary of the run. One was a convict on ticket-of-leave, the other a deserter from a regiment in England. Both had taken part in the search, and both had appeared much agitated and upset as the black’s marvellous discoveries were laid bare. Both, too, incautiously urged that the search had gone far enough, and protested against examining the ponds. While this was being done, and unobserved by them, a magistrate and two constables went to their hut and searched it thoroughly. They first sent away an old woman who acted as the shepherds’ servant, and then turned over the place. Nothing was found in the hut, but in an outhouse they came upon a coat and waistcoat and two pairs of trousers, all much stained with fresh blood-marks. On this the shepherds were arrested and sent down to Melbourne.

What had become of the saddle-bags in which the murdered man had carried his cash? It was surmised that they had been put by in some safe place, and again the services of the native tracker were sought. He now made a start from the shepherds’ hut, and discovered as before, by sight and smell, the tracks of two men’s feet, travelling northward. These took him to a gully or dry watercourse, in the centre of which was a high pile of stones. The tracks ended at a stone on the side, where the native said he smelt leather. When several stones had been taken down, the saddle-bags, saddle, and bridle were found hidden in an inner receptacle. The money, the motive of the murder, was still in the bags—no less than £2,000—and had been left there, no doubt, for removal at a more convenient time.

The shepherds were put on their trial, and the evidence thus accumulated was deemed convincing by a jury. It was also proved that the blood-stained clothes had been worn by the prisoners both on the day before and on the very day of the murder. The stains were ascertained by chemical analysis to be of human blood, not of sheep’s, as set up by the defence. It was also shown that the men had been absent from the hut the greater part of the morning of the murder. They were executed at Melbourne.

This extraordinary faculty of following a trail is characteristic of all the Australian blacks. It was remarkably illustrated in a Queensland case, where a man was missing who was supposed to have been murdered, and whose remains were discovered by the black trackers. An aged shepherd, who had long served on a certain station, was at last sent off with a considerable sum, arrears of pay. He started down country, but was never heard of again. Various suspicious reports started a belief that he had been the victim of foul play. The police were called in, and proceeded to make a thorough search, assisted by several blacks, who usually hang about the station loafing. But they lost their native indolence when there was tracking to be done. Now they were roused to keenest excitement, and entered eagerly into the work, jabbering and gesticulating, with flashing eyes. No one, to look at these eyes, generally dull and bleary, could imagine that they possessed such visual powers, or that their owners were so shrewdly observant.

The search commenced at the hut lately occupied by the shepherd. The first thing discovered, lying among the ashes of the hearth, was a spade, which might have been used as a weapon of offence; spots on it, as the blacks declared, were of blood. Some similar spots were pointed out upon the hard, well-trodden ground outside, and the track led to a creek or water-hole, on the banks of which the blacks picked up among the tufts of short dried grass several locks of reddish-white hair, invisible to everyone else. The depths of the water were now probed with long poles, and the blacks presently fished up a blucher boot with an iron heel. The hair and the boot were both believed to belong to the missing shepherd. The trackers still found locks of hair, following them to a second water-hole, where all traces ceased, and it was supposed by some that the body lay there at the bottom. Not so the blacks, who asserted that it had now been lifted upon horseback for removal to a more distant spot, and in proof pointed out hoof-marks, which had escaped observation until they detected them. The hoof-marks were large and small, obviously of a mare and her foal. Yet the water-hole was searched thoroughly; the blacks stripped and dived, they smelt and tasted the water, but always shook their heads, and, as a matter of fact, nothing was found in this second creek. The pursuit returned to the hoof-marks, and these were followed to the edge of a scrub, where for the time they were lost.

Next day, however, they were again picked up, on the hard, bare ground, where there was hardly a blade of grass. They led to the far-off edge of a plain, towards a small spiral column which ascended into the sky. It was the remains of an old and dilapidated sheep-yard, which had been burnt by the station overseer. This man, it should have been premised, had all along been suspected of making away with the shepherd from interested motives, having been the depositary of his savings. And it was remembered that he had paid several visits in the last few days to the burning sheep-yard. Now, when the search party reached the spot, where little but charred and smouldering embers remained, the blacks eagerly turned over the ashes. Suddenly a woman, a black “gin,” screamed shrilly, and cried, “Bones sit down here,” and closer examination disclosed a heap of calcined human remains. Small portions of the skull were still unconsumed, and a few teeth were found, quite perfect, having altogether escaped the action of the fire. Soon the buckle of a belt was discovered, and identified as having been worn by the missing shepherd, and also the iron heel of a boot corresponding to that found in the first water-hole. Thus the marvellous sagacity of the black trackers had solved the mystery of the shepherd’s disappearance; but, although the shepherd’s fate was thereby established beyond doubt, the evidence was not sufficient to bring home the crime of murder to the overseer.

VII.—THE SHORTSIGHTEDNESS OF SOME CRIMINALS.

Not the least useful of the many allies found by the police are the criminals themselves. Their shortsightedness is often extraordinary; even when seemingly most careful to cover up their tracks they will neglect some small point, will drop unconsciously some slight clue, which, sooner or later, must betray them. In an American murder, at Michigan, a man killed his wife in the night by braining her with a heavy club. His story was that his bedroom had been entered through the window by some unknown murderer. This theory was at once disproved by the fact that the window was still nailed down on one side. The real murderer in planning the crime had extracted one nail and left the other.

The detection of the murderers of M. Delahache, a misanthrope who lived with a paralysed mother and one old servant in a ruined abbey at La Gloire Dieu, near Troyes, was much facilitated by the carelessness with which the criminals neglected to carry off a note-book from the safe. After they had slain their three victims, they forced the safe and carried off a large quantity of securities payable to bearer, for M. Delahache was a saving, well-to-do person. They took all the gold and banknotes, but they left the title-deeds of the property and his memorandum book, in which the late owner had recorded in shorthand, illegible by the thieves, the numbers and description of the stock he held, mostly in Russian and English securities. By means of these indications it was possible to trace the stolen papers and secure the thieves, who still possessed them, together with the pocket-book itself and a number of other valuables that had belonged to M. Delahache.

Criminals continually “give themselves away” by their own carelessness, their stupid, incautious behaviour. It is almost an axiom in detection to watch the scene of a murder for the visit of the criminal, who seems almost irresistibly drawn thither. The same impulse attracts the French murderer to the Morgue, where his victim lies in full public view. This is so thoroughly understood in Paris that the police keep officers in plain clothes among the crowd which is always filing past the plate-glass windows separating the public from the marble slopes on which the bodies are exposed. An Indian criminal’s steps generally lead him homeward to his own village, on which the Indian police set a close watch when a man is much wanted. Numerous cases might be quoted in which offenders disclose their crime by ill-advised ostentation: the reckless display of much cash by those who were, seemingly, poverty-stricken just before; self-indulgent extravagance, throwing money about wastefully, not seldom parading in the very clothes of their victims. A curious instance of the neglect of common precaution was that of Wainwright, the murderer of Harriet Lane, who left the corpus delicti, the damning proof of his guilt, to the prying curiosity of an outsider, while he went off in search of a cab.

One of the most remarkable instances of the want of reticence in a great criminal and his detection through his own foolishness occurred in the case of the Stepney murderer, who betrayed himself to the police when they were really at fault and their want of acuteness was being made the subject of much caustic criticism. The victim was an aged woman of eccentric character and extremely parsimonious habits, who lived entirely alone, only admitting a woman to help her in the housework for an hour or two every day. She owned a good deal of house property, let out in tenements to the working classes. As a rule she collected the rents herself, and was believed to have considerable sums from time to time in her house. This made her timid; being naturally of a suspicious nature, she fortified herself inside with closed shutters and locked doors, never opening to a soul until she had closely scrutinised any visitor. It called for no particular remark that for several days she had not issued forth. She was last seen on the evening of the 13th of August, 1860. When people came to see her on business on the 14th, 15th, and 16th, she made no response to their loud knockings, but her strange habits were well known; moreover, the neighbourhood was so densely inhabited that it was thought impossible she could have been the victim of foul play.

At last, on the 17th of August, a shoemaker named Emm, whom she sometimes employed to collect rents at a distance, went to Mrs. Elmsley’s lawyers and expressed his alarm at her non-appearance. The police were consulted, and decided to break into the house. Its owner was found lying dead on the floor in a lumber-room at the top of the house. Life had been extinct for some days, and death had been caused by blows on the head with a heavy plasterer’s hammer. The body lay in a pool of blood, which had also splashed the walls, and a bloody footprint was impressed on the floor, pointing outwards from the room. There were no appearances of forcible entry to the house, and the conclusion was fair that whoever had done the deed had been admitted by Mrs. Elmsley herself. A possible clue to the criminal was afforded by the several rolls of wall-paper lying about near the corpse. Mrs. Elmsley was in the habit of employing workmen on her own account to carry out repairs and decorations in her houses, and the indications pointed to her having been visited by one of these, who had perpetrated the crime. Yet the police made no useful deductions from these data.

While they were still at fault a man named Mullins, a plasterer by trade and an ex-member of the Irish constabulary, who knew Mrs. Elmsley well and had often worked for her, came forward voluntarily to throw some light on the mystery. Nearly a month had elapsed since the murder, and he declared that during this period his attention had been drawn to the man Emm and his suspicious conduct. He had watched him, had frequently seen him leave his cottage and proceed stealthily to a neighbouring brickfield, laden on each occasion with a parcel he did not bring back. Mullins, after giving this information quite unsought, led the police officers to the spot, and into a ruined outbuilding, where a strict search was made. Behind a stone slab they discovered a paper parcel containing articles which were at once identified as part of the murdered woman’s property. Mullins next accompanied the police to Emm’s house, and saw the supposed criminal arrested. But to his utter amazement the police turned on Mullins and took him also into custody. Something in his manner had aroused suspicion, and rightly, for eventually he was convicted and hanged for the crime.

Here Mullins had only himself to thank. Whatever the impulse—that strange restlessness that often affects the secret murderer, or the consuming fear that the scent was hot, and his guilt must be discovered unless he could shift suspicion—it is certain that but for his own act he would never have been arrested. It may be interesting to complete this case, and show how further suspicion settled around Mullins. The parcel found in the brickfield was tied up with a tag end of tape and a bit of a dirty apron string. A precisely similar piece of tape was discovered in Mullins’s lodgings lying upon the mantelshelf. There was an inner parcel fastened with waxed cord. The idea with Mullins was, no doubt, to suggest that the shoemaker Emm had used cobbler’s wax. But a piece of wax was also found in Mullins’s possession, besides several articles belonging to the deceased.

The most conclusive evidence was the production of a plasterer’s hammer, which was also found in Mullins’s house. It was examined under the microscope, and proved to be stained with blood. Mullins had thrown away an old boot, which chanced to be picked up under the window of a room he occupied. This boot fitted exactly into the blood-stained footprint on the floor in Mrs. Elmsley’s lumber-room; moreover, two nails protruding from the sole corresponded with two holes in the board, and, again, a hole in the middle of the sole was filled up with dried blood. So far as Emm was concerned, he was able clearly to establish an alibi, while witnesses were produced who swore to having seen Mullins coming across Stepney Green at dawn on the day of the crime with bulging pockets stuffed full of something, and going home; he appeared much perturbed, and trembled all over.

Mullins was found guilty without hesitation, and the judge expressed himself perfectly satisfied with the verdict. The case was much discussed in legal circles and in the Press, and all opinions were unanimously hostile to Mullins. The convict steadfastly denied his guilt to the last, but left a paper exonerating Emm. It is difficult to reconcile this with his denunciation of that innocent man, except on the ground of his own guilty knowledge of the real murderer. In any case, it was he himself who first lifted the veil and stupidly brought justice down upon himself.

The case of Mullins was in some points forestalled by the discovery of an Indian murder, in which the native police ingeniously entrapped the criminal to assist in his own detection. A man in Kumacu, named Mungloo, disappeared, and a neighbour, Moosa, was suspected of having made away with him. The police, unable to bring home the murder to him, caught him by bringing to him a corpse which they declared was Mungloo’s. Moosa knew better, and said so. Imprudently anxious to shift all suspicion from himself, he told the police that a certain Kitroo knew where the real corpse lay, and advised them to arrest him. Kitroo was seized, and confessed in effect that Mungloo was buried close to his house. The ground was opened, and at a considerable depth down the body was found. Now Moosa came forward and claimed the credit, as well as the proffered reward for discovery. He was, he said, the first to indicate where the body was hidden. But Kitroo turned Queen’s evidence, and swore that he had seen the murder committed by Moosa and three others, and that, as he was an eye-witness, he was compelled by them to become an accomplice. Moosa was sentenced to transportation for life. There was in his case no necessity to accuse Kitroo, and but for his officiousness the corpse would never, probably, have been brought to light.

VIII.—SOME UNAVENGED CRIMES.

There have, however, been occasions when detection has failed more or less completely. The police do not admit always that the perpetrators remain unknown; they have clues, suspicion, strong presumption, even more, but there is a gap in the evidence forthcoming, and to attempt prosecution would be to face inevitable defeat. To this day it is held at Scotland Yard that the real murderer in a mysterious murder in London in the seventies was discovered, but that the case failed before an artfully planned alibi. Sometimes an arrest is made on grounds that afford strong primâ-facie evidence, yet the case breaks down in court. The Burdell murder in 1857, in New York, was one of these. Dr. Burdell was a wealthy and eccentric dentist, owning a house in Bond Street, the greater part of which he let out in tenements. One of his tenants was a Mrs. Cunningham, to whom he became engaged, and whom, according to one account, he married. In any case, they quarrelled furiously, and Dr. Burdell warned her that she must leave the house, as he had let her rooms. Whereupon she told him significantly that he might not live to sign the agreement. Shortly afterwards he was found murdered, stabbed with fifteen wounds, and there were all the signs of a violent struggle. The wounds must

have been inflicted by a left-handed person, and Mrs. Cunningham was proved to be left-handed. The facts were strong against her, and she was arrested, but was acquitted on trial.

It came out long after the mysterious Road (Somerset) murder that the detectives were absolutely right about it, and that Inspector Whicher, of Scotland Yard, in fixing the crime on Constance Kent, had worked out the case with singular acumen. He elicited the motive—her jealousy of the little brother, one of a second family; he built up the clever theory of the abstracted nightdress, and obtained what he considered sufficient proof. It will be remembered that this accusation was denounced as frivolous and unjust. Mr. Whicher was so overwhelmed with ridicule that he soon afterwards retired from the force, and died, it was said, of a broken heart. His failure, as it was called, threw suspicion upon Mr. Kent, the father of the murdered child, and Gough, the boy’s nurse, and both were apprehended and charged, but the cases were dismissed. In the end, as all the world knows, Constance Kent, who had entered an Anglican sisterhood, made full confession to the Rev. Mr. Wagner, of Brighton, and she was duly convicted of murder. Although sentence of death was passed, it was commuted, and I had her in my charge at Millbank for years.

The outside public may think that the identity of that later miscreant, “Jack the Ripper,” was never revealed. So far as absolute knowledge goes, this is undoubtedly true. But the police, after the last murder, had brought their investigations to the point of strongly suspecting several persons, all of them known to be homicidal lunatics, and against three of these they held very plausible and reasonable grounds of suspicion. Concerning two of them the case was weak, although it was based on certain suggestive facts. One was a Polish Jew, a known lunatic, who was at large in the district of Whitechapel at the time of the murder, and who, having developed homicidal tendencies, was afterwards confined in an asylum. This man was said to resemble the murderer by the one person who got a glimpse of him—the police-constable in Mitre Court. The second possible criminal was a Russian doctor, also insane, who had been a convict in both England and Siberia. This man was in the habit of carrying about surgical knives and instruments in his pockets; his antecedents were of the very worst, and at the time of the Whitechapel murders he was in hiding, or, at least, his whereabouts was never exactly known. The third person was of the same type, but the suspicion in his case was stronger, and there was every reason to believe that his own friends entertained grave doubts about him. He also was a doctor in the prime of life, was believed to be insane or on the borderland of insanity, and he disappeared immediately after the last murder, that in Miller’s Court, on the 9th of November, 1888. On the last day of that year, seven weeks later, his body was found floating in the Thames, and was said to have been in the water a month. The theory in this case was that after his last exploit, which was the most fiendish of all, his brain entirely gave way, and he became furiously insane and committed suicide. It is at least a strong presumption that “Jack the Ripper” died or was put under restraint after the Miller’s Court affair, which ended this series of crimes. It would be interesting to know whether in this third case the man was left-handed or ambidextrous, both suggestions having been advanced by medical experts after viewing the victims. It is true that other doctors disagreed on this point, which may be said to add another to the many instances in which medical evidence has been conflicting, not to say confusing.

Yet the incontestable fact remains, unsatisfactory and disquieting, that many murder mysteries have baffled all inquiry, and that the long list of undiscovered crimes is continually receiving mysterious additions. An erroneous impression, however, prevails that such failures are more common in Great Britain than elsewhere. No doubt the British police are greatly handicapped by the law’s limitations, which in England always act in protecting the accused. But with all their advantages, the power to make arrests on suspicion, to interrogate the accused parties and force on self-incrimination, the Continental police meet with many rebuffs. Numbers of cases are “classed,” as it is officially called in Paris—that is, pigeon-holed for ever and a day, lacking sufficient proofs for trial, and in some instances, indeed, there is no clue whatever. In every country, and in all times, past and present, there have been crimes that defied detection.

Feuerbach, in his record of criminal trials in Bavaria, tells, for example, of the unsolved murder mystery of one Rupprecht, a notorious usurer of Munich, who was killed in 1817 in the doorway of a public tavern not fifty yards from his own residence. Yet his murderer was never discovered. The tavern was called the “hell”; it was a place of evil resort, for Rupprecht, a mean, parsimonious old curmudgeon, was fond of low company and spent most of his nights here, swallowing beer and cracking jokes with his friends. One night the landlord, returning from his cellar, heard a voice in the street asking for Rupprecht, and, going up to the drinking saloon, conveyed the message. Rupprecht went down to see his visitor and never returned. Within a minute deep groans were heard as of a person in a fit or in extreme pain. All rushed downstairs and found the old man lying in a pool of blood just inside the front door. There was a gaping wound in his head, but he was not unconscious, and kept repeating, “Wicked rogue! wicked villain! the axe! the axe!”

The wound had been inflicted by some sharp instrument, possibly a sword or sabre, wielded by a powerful hand. The victim must have been taken unawares, when his back was turned. The theory constructed by the police was that the murderer had waited within the porch out of sight, standing on a stone bench in a dark corner near the street door; that Rupprecht, finding no one to explain the summons, had looked out into the street and then had made to go back into the house. After he had turned the blow was struck. Thus not a scrap of a clue was left on the theatre of the crime. But Rupprecht was still alive and able to answer simple questions. A judge was summoned to interrogate him, and asked, “Who struck you?” “Schmidt,” replied Rupprecht. “Which Schmidt?” “Schmidt the woodcutter.” Further inquiries elicited statements that Schmidt had used a hatchet, that he lived in the Most, that they had quarrelled some time before. Rupprecht said he had recognised his assailant, and he went on muttering, “Schmidt, Schmidt, woodcutter, axe.” To find Schmidt was naturally the first business of the police. The name was as common as Smith is with us, and many Schmidts were woodcutters. Three Schmidts were suspected. One was a known confederate of thieves; another had been intimate, but afterwards was on bad terms, with Rupprecht: this was “Big Schmidt”; the third, his brother, “Little Schmidt,” also knew Rupprecht. All three, although none lived in the Most, were arrested and confronted with Rupprecht, but he recognised none of them; and he died next day, having become speechless and unconscious at the last. Only the first Schmidt seemed guilty; he was much agitated when interrogated, he contradicted himself, and could give no good account of the employment of his time when the offence was committed. Moreover, he had a hatchet; it was examined and spots were found upon it, undoubtedly of blood. He was brought into the presence of the dead Rupprecht, and was greatly overcome with terror and agitation.

Yet after the first accusation he offered good rebutting evidence. He explained the stain by saying he had a chapped hand which bled, and when it was pointed out that this was the right hand, which would be at the other end of the axe shaft, he was able in reply to prove that he was left-handed. Again, the wound in the head was considerably longer than the blade of the axe, and an axe cannot be drawn along after the blow. The murderer’s cries had been heard by the landlord, inquiring for Rupprecht, but it was not Schmidt’s voice. There was an alibi, moreover, or as good as one. Schmidt was at his mother-in-law’s, and was known to have gone home a little before the murder; soon after it, his wife found him in bed and asleep. If he had committed the crime he must have jumped out of bed again almost at once, run more than a mile, wounded Rupprecht, returned, gone back to bed and to sleep, all in less than an hour. Further, it was shown by trustworthy evidence that this Schmidt knew nothing of the murder after it had occurred.

The police drew blank also with “Big Schmidt” and “Little Schmidt,” neither of whom had left home on the night of the murder. They were no more successful with other Schmidts, although every one of the name was examined, and it was now realised that the last delirious words of the dying man had led them astray. But while hunting up the Schmidts it was not forgotten by the police that Rupprecht had also cried out, “My daughter! my daughter!” after he had been struck down. This might have been from the desire to see her in his last moments. On the other hand, he was estranged from this daughter, and he positively hated his son-in-law. They were no doubt a cold-blooded pair, these Bieringers, as they were called. The daughter showed little emotion when she heard her father had been mortally wounded; she looked at him as he lay without emotion, and had so little lost her appetite that she devoured a whole basin of soup in the house. It was suspicious, too, that she tried to fix the guilt on “Big Schmidt.” Bieringer was a man of superior station, well bred and well educated; and he lived on very bad terms with his wife, who was coarse, vulgar, and of violent temper like her father; and once at his instance she was imprisoned for forty-eight hours. Rupprecht sided with his daughter, and openly declared that in leaving her his money he would tie it up so tightly that Bieringer could not touch a penny. This he had said openly, and it was twisted into a motive why Bieringer should remove him before he could make such a will. But a sufficient alibi was proved by Bieringer; his time was accounted for satisfactorily on the night of the murder. The daughter was absolved from guilt, for even if she, a woman, could have struck so shrewd a blow, it was not to her interest to kill a father who sided with her against her husband and was on the point of making a will in her favour.

Other arrests were made, Rupprecht’s maid reported that three troopers belonging to the regiment in garrison had called on her master the very day of the murder; one of them owed him money which he could not pay, and the others, it was thought, had joined him in trying to intimidate the usurer. But the case of these troopers, men who could handle the very weapon that did the deed, broke down on clear proof that they were elsewhere at the time of the murder. The one flaw in the otherwise acute investigation was that the sabres of all the troopers had not been examined before so much noise had been made about the murder. But from the first attention had been concentrated on axes, wielded by woodcutters, and the probable use of a sabre had been overlooked. After the troopers, two other callers had come, and Rupprecht had given them a secret interview. One proved to be the regimental master-tailor, who was seeking a loan and had brought with him a witness to the transaction. Their innocence also was clearly proved; and although many other persons were arrested they were in all cases discharged.

The murder of this Rupprecht has remained a mystery. The only plausible suggestion was that he had been murdered by some aggrieved person, some would-be borrower whom he had rejected, or some debtor who could not pay and thought this the simplest way of clearing his obligation. The authorities could not fix this on anyone, for Rupprecht made no record of his transactions; he could neither read nor write, and kept all his accounts “in his head.” Only on rare occasions did he call in a confidential friend to look through his papers when there was question of arranging them or finding a note of hand. No one but Rupprecht himself could have afforded the proper clue; and, as it was, he had led the police in the wrong direction.

Numerous murder mysteries have been contributed by American criminal records. Special interest attaches to the case of Mary Rogers, “the pretty cigar seller” of New York, who was done to death by persons unknown in 1840, because it formed the basis of Edgar Allan Poe’s famous story, “The Mystery of Marie Roget.” The scene of that story is Paris, but the murder was actually committed near New York. Mary Rogers had many admirers, but her character was good, her conduct seemingly irreproachable. She was supposed to have spent her last Sunday with friends, but was seen with a single companion late that afternoon at a little restaurant near Hoboken. As she never returned home her disappearance caused much excitement, but at length her body, much maltreated, was found in the water near Sybil’s Cave, Hoboken. Many arrests were made, but the crime was never brought home to anyone.

Poe’s suggested solution, the jealous rage of an old lover returned from sea, was no more than ingenious fiction. Among others upon whom suspicion fell was John Anderson, the cigar merchant in whose employ Mary Rogers was, and it was encouraged by his flight after the discovery of the murder. But when arrested and brought back, he adduced what was deemed satisfactory proof of an alibi. Anderson lived to amass enormous wealth, and about the time of his death in Paris in 1881 the evil reports of his complicity in the murder were revived, but nothing new transpired. It was said that in his later years Anderson became an ardent spiritualist, and that the murdered Mary Rogers was one among the many spirits he communed with.

The murder of Mary Rogers was not the only unsolved mystery of its class beyond the Atlantic. It was long antedated by that known as the Manhattan Well Mystery. This murder occurred as far back as 1799, when New York was little more than a village compared to its present size. The Manhattan Company, now a bank, had then the privilege of supplying the city with water. The well stood in an open field, and all passers-by had free access to it. One day the pretty niece of a respectable Quaker disappeared; she had left her home, it was said, to be privately married, and nothing more was seen of her till she was fished out of the Manhattan well. Some thought she had committed suicide, but articles of her dress were found at a distance from the well, including her shoes, none of which she was likely to have removed and left there before drowning herself. Her muff, moreover, was found in the water; why should she have retained that to the last? Suspicion rested upon the man whom she was to have married, and who had called for her in his sleigh after she had already left the house. This man was tried for his life, but the case broke down, and the murder has always baffled detection.

Later, in 1830, there was the mystery of Sarah M. Cornell, in which suspicion fell upon a reverend gentleman of the Methodist persuasion, who was acquitted. Again, in 1836, there was the murder of Helen Jewitt, which was never cleared up; and more recently that of the Ryans, brother and sister; while the murder of Annie Downey, commonly called “Curly Tom,” a New York flower-girl, recalls many of the circumstances of the murders in Whitechapel.

A great crime that altogether baffled the New York police occurred in 1870, and is still remembered as an extraordinary mystery. It was the murder of a wealthy Jew named Nathan, in his own house in Twenty-third Street. He had come up from the country in July for a religious ceremony, and slept at home. His two sons, who were in business, also lived in the Twenty-third Street house. The only other occupant was a housekeeper. The sons, returning late, one after the other, looked in on their father and found him sleeping peacefully. No noise disturbed the house during the night, but early next morning Mr. Nathan was found a shapeless mass upon the floor; he had been killed with brutal violence, and the weapon used, a ship carpenter’s “dog,” was lying close by the body besmeared with blood and grey hairs. The dead man’s pockets had been rifled, and all his money and jewellery were gone; a safe that stood in the corner of the bedroom had been forced and its contents abstracted.

Various theories were started, but none led to the track of the criminal. One of Mr. Nathan’s sons was suspected, but his innocence was clearly proved. Another person thought to be guilty was the son of the resident housekeeper, but that supposition also fell to the ground. Some of the police were of opinion that it was the work of an ordinary burglar; others opposed this view, on the ground that the ship carpenter’s “dog” was not a housebreaking tool. One ingenious solution was offered, and it may be commended to the romantic novelist; it was to the effect that Mr. Nathan held certain documents gravely compromising the character of a person with whom he had had business dealings, and that this person had planned and executed the murder in order to become repossessed of them. This theory had no definite support from known fact; but Mr. Nathan was a close, secretive man, who kept all the threads of his financial affairs in his own hands; and it was said that no one in his family, not even his wife, was aware what his safe held or what he carried in his pockets. It is worth noticing that this last theory resembles very closely the explanation suggested as a solution of the undiscovered murder of Rupprecht in Bavaria, which has been already described.

There are one or two striking cases in the records of Indian crime of murders that have remained undiscovered. Mr. Arthur Crawfurd[3] describes that of an old Marwari money-lender, which repeats in some particulars the cases of Rupprecht and Nathan. This usurer was reputed to be very wealthy. His business was extensive, all his neighbours were more or less in his debt, and, as he was a hard, unrelenting creditor, he was generally detested throughout the district.

He lived in a mud-built house all on the ground floor. In front was the shop where he received his clients, and in this room, visible from the roadway, was a vast deed-box in which he kept papers, bills, notes of hand, but never money. When he had agreed to make a loan and all formalities were completed, he brought the cash from a secret receptacle in an inner chamber. In this, his strong room, so to speak, which occupied one corner at the back of the house, he slept. In the opposite angle lived his granddaughter, a young widow, who kept house for him. He was protected by a guard of two men in his pay, who slept in an outhouse close by.

One night the granddaughter, disturbed by a strange noise in the old man’s sleeping place, rose, lit a lamp, and was on the point of entering the bedroom when the usurer appeared at the door, bleeding profusely from his mouth and nostrils; his eyes protruded hideously; he was clearly in the last extremity, and fell almost at once to the ground. The granddaughter summoned the watchmen, who only arrived in time to hear a few last inarticulate sounds as their master expired. It was seen afterwards at the post-mortem that he had been partially smothered, and subjected to great violence. His assailant must have knelt on him heavily, for the ribs were nearly all fractured and had been forced into the lungs.

The police arrived in all haste and made a thorough search of the premises. It was soon seen that a hole had been made from outside through the mud wall close by the old man’s bed. The orifice was just large enough to admit a man. There were no traces of any struggle save the blood, which had flowed freely and inundated the mattress. Strange to say, there had been no robbery. The money-lender’s treasure chamber was still secure, the lock intact, and all the money and valuables were found untouched: many bags of rupees, a tin case crammed with currency notes, and a package containing a considerable quantity of valuable jewellery. Nor had the deed-box in the shop been interfered with.

The perpetrators of this murder were never discovered. The police, hoping to entrap them in the not uncommon event of a return to the theatre of the crime, established themselves secretly inside the house, but not in the bedroom where the murder was accomplished. They were right in their surmise, but the design failed utterly through their culpable neglect. The bedroom, within a fortnight, was again entered, and in precisely the same way, while the careless watchers slept unconscious in the adjoining shop. The fair inference was that the murderers had returned hoping to lay hands on some of the booty which they had previously missed. But the old man’s treasure had been removed, and they went away disappointed and empty-handed, though unfortunately they escaped capture.

The same authority, Mr. Arthur Crawfurd, gives another case that belongs to the class of the New York murder of Mary Rogers

and our own Whitechapel murders. The body of a female was washed ashore upon the rocks below the foot of Severndroog, in the South Konkan district. The fact was reported to Mr. Crawfurd, who found the body of a fine healthy young Mahomedan woman, who had not been dead for more than a couple of hours. The only injury to be seen was a severe extended wound upon one temple, which must have bled profusely, but was not, according to the medical evidence, sufficient to cause death. It seemed probable that she had been stunned by it and had fallen in the water, to be drowned, or that she had been thrown from the cliffs above on to the rocks, and, becoming unconscious, had slipped into the sea. She had, in fact, been seen crossing the cliffs on the morning of her death, and was easily recognised as the wife of a fisherman who lived in a village hard by, the port of which was filled with small craft that worked coastwise with goods and passengers, the only traffic of those days.

The only arrests made were those of two Europeans, soldiers, one an army schoolmaster on his way up coast to Bombay, the other a sergeant about to be pensioned; and both had been travelling by a coast boat which was windbound a little below the fort. They had been landed in order to take a little exercise, and had been forthwith stopped by a crowd of suspicious natives, who charged them with the crime. Yet on examination no blood stains were found upon their clothes, and nothing indicative of a struggle; moreover, it was soon clearly proved that they had not been put ashore till 10 a.m., whereas the dead body had been picked up before 8 a.m. Further inquiry showed that they were men of estimable character. But nothing else was elucidated beyond a vague report that the woman’s husband had reason, or believed himself to have reason, to accuse her of profligacy and had taken this revenge.

Another more recent Indian murder went near to being classed with the undiscovered. That it was brought home to its perpetrators was due to the keen intelligence of a native detective officer, the Sirdar Mir Abdul Ali, of the Bombay police. This clever detective, of whom a biography has appeared, belonged to the Bombay police, and his many successes show how much the Indian police has improved of late years. The murder was known as the Parel case. On the morning of the 24th of November, 1887, a deal box was picked up on a piece of open marsh close to the Elphinstone Station at Parel. Near it was an ordinary counterpane. It was at first supposed that the box had been stolen from the railway station, and the matter was reported to the police. An officer soon reached the spot, and ascertained that the box, from which an offensive smell issued, was locked and fastened. On breaking it open the remains of a woman were found within, coiled up and jammed in tightly, and in an advanced stage of decomposition. The face was so much battered that its features were unrecognisable, but the dress, that of a Mahomedan, might, it was hoped, lead to identification. According to custom, the police gathered in thousands of people by beat of battaki, or drum, but no one who viewed the corpse could recognise the clothes. Moreover, there was no woman reported missing at the time from any house in Bombay.

Abdul Ali shrewdly surmised either that the woman was a perfect stranger or that she had been murdered at a distance, and the box containing her remains had been brought into Bombay to be disposed of without attracting attention. This box furnished the clue. Abdul Ali, following out his idea of the stranger visitor, had caused search to be made through the “rest houses,” or musafarkhanas of Bombay, and in one of these the box was identified as the property of a Pathan, named Syed Gool, who had but recently married an unknown young woman and had apparently deserted her. At least, it came out that he had suddenly taken ship for Aden, and had been accompanied by his daughter and a friend, but not by his wife. Moreover, witnesses were now prepared to swear that the clothes found on the corpse at Parel much resembled those commonly worn by Syed Gool’s young wife. The evidence was little more than presumptive, but the head of the Bombay police persuaded the Governor to telegraph to the Resident of Aden to look out for the three passengers and arrest them on landing. They were accordingly taken into custody and sent back to Bombay.

Even now the case would have been incomplete but for the confession of one of the parties—Syed Gool’s friend, who was known as Noor Mahomed. This man, a confederate, on arrival at Bombay, made a clean breast of the crime and was admitted as an approver; but for that the offence might never have been brought home. Syed Gool, it appeared, had come from Karachi only a little before, had put up at the musafarkhana of one Ismail Habib in Pakmodia Street, where he had presently married one Sherif Khatum, whom he met in this same “rest house,” and the whole party had taken up their residence in another house in the same street. Noor Mahomed went on to say that husband and wife soon quarrelled as to the possession of the latter’s jewels, and their differences so increased in bitterness that Syed Gool resolved to murder the woman. He effected his purpose, assisted by his friend, using a pair of long iron pincers, with which he compressed her windpipe till she died of suffocation. The rest of the crime followed a not unusual course: the packing of the corpse in a wooden box which had been made to Syed Gool’s order by a carpenter, and its removal in a bullock cart to the neighbourhood of the Elphinstone Station, where the murderers hired a man to watch it for a few pence during their temporary absence. But they had no intention of returning; indeed, they embarked at once on board the Aden steamer, and the man left in charge of the box took it home with him, where it remained till he was alarmed by the offensive smell already mentioned. Then he prudently resolved to get rid of it by removing it to the spot on which it was found.[4]

The tale of undiscovered murders can never be ended, and additions are made to it continually. In this country fresh cases crop up year after year, and it would take volumes to catalogue them all. I will mention but one or two more, merely to point the moral that the police are often at fault still, even in these latter days of enlightened research, where so much makes in favour of the law. Thus the Burton Crescent murder, in December, 1878, must always be remembered against the police. An aged widow, named Samuel, lived at a house in Burton Crescent, but she kept no servant on the premises, and took in a lodger, although she was of independent means. The lodger was a musician in a theatrical orchestra, away most of the day, returning late to supper. One evening there was no supper and no Mrs. Samuel, but on making search he found her dead body in the kitchen, lying in a pool of blood. The police summoned a doctor to view the corpse, and it was found that Mrs. Samuel had been battered to death with the fragment of a hat-rail in which many pegs still remained. The pocket of her dress had been cut off, and a pair of boots was missing, but no other property. Nothing could have happened till late in the afternoon, as three workmen, against whom there was apparently no suspicion, were in the house till then, and the maid who assisted in the household duties had left Mrs. Samuel alive and well at 4 p.m. Only one arrest was made, that of a woman, one Mary Donovan, who was frequently remanded on the application of the police, but against whom no sufficient evidence was forthcoming to warrant her committal for trial. The Burton Crescent murder has remained a mystery to this day.

So has that of Lieutenant Roper, R.E., who was murdered at Chatham on the 11th of February, 1881. This young officer, who was going through the course of military engineering, was found lying dead at the bottom of the staircase leading to his quarters in Brompton Barracks. He had been shot with a revolver, and the weapon, six-chambered, was picked up at a short distance from the body, one shot discharged, the remaining five barrels still loaded with ball cartridges. The only presumption was that the murderer’s object was plunder, personal robbery. Mr. Roper had left the mess at an earlier hour than usual, between 8 and 9 p.m., on the plea that he had letters to write home announcing his approaching arrival on short leave of absence. A brother officer accompanied him part of the way to Brompton Barracks, but left him to attend some entertainment, Roper declining to go at once, for the reason given, but promising to join him later.

The unfortunate officer was quite unconscious when found, and although he survived some forty minutes, he never recovered the power of speech, so that he could give no indication as to his assailant. A poker belonging to Mr. Roper was found by his side, and it was inferred that he had entered his room before the attack, and had seized the poker as the only instrument of self-defence within reach. Not the slightest clue was ever obtained which would help to solve this mystery; rewards were offered, but in vain, and the police had at last to confess themselves entirely baffled. Mr. Roper was an exceedingly promising young officer; he had but just completed his course of instruction with considerable credit, and he was said to have been in perfect health and spirits on the fatal evening, so that there was nothing whatever to support, and indeed everything to discredit, any theory of suicide.

IX.—A GOOD WORD FOR THE POLICE.

Taking a general view of the case as between hunted and hunters, it may be fairly considered that the ultimate advantage is with the latter. Let it be remembered that we hear more of one instance of failure on the part of the police than of ninety-nine successes. The failure is proclaimed trumpet-tongued, the successes pass almost unnoticed into the great garner of criminal reports and judicial or police statistics.

At the very least it must be said that we are bound, in common justice, to give due credit to the ceaseless activity, the continual, painstaking effort of the guardians of the public weal. Their methods are the outcome of long and patient experience, developed and improved as time passes, and they have deserved, if not always commanded, success. It may be that the ordinary detective works a little too openly—at least, in this country; that his face and, till lately, his boots were well known in the circles generally frequented by his prey. Again, there may be at times slackness in pursuit, neglect or oversight of early clues. Well-meaning but obstinate men will not keep a perfectly open mind: they may cling too long and too closely to a first theory, wresting their opinions and forcing acquired facts to fit this theory, and so travel farther and farther along the wrong road. “Shadowing” suspected persons does not always answer, and may be carried too far; more, it may be so clumsily done as to put the quarry on his guard and altogether defeat the object in view. But to lay overmuch stress on such shortcomings as these would surely savour of hypercriticism. It is more just to accept with gratitude the overwhelming balance in favour of the police, and give them the credit due to them for the results achieved.

Part II.
JUDICIAL ERRORS.

CHAPTER I.
WRONGFUL CONVICTIONS.

Judge Cambo, of Malta—The D’Anglades—The Murder of Lady Mazel—Execution of William Shaw for the Murder of his Daughter—The Sailmaker of Deal and the alleged Murder of a Boatswain—Brunell the Innkeeper—Du Moulin, the Victim of a Gang of Coiners—The Famous Calas Case at Toulouse—Gross Perversion of Justice at Nuremberg—The Blue Dragoon.

THE criminal annals of all countries record cases of innocent persons condemned by judicial process on grounds that seemed sufficient at the time, but that ultimately proved mistaken. Where circumstantial evidence is alone forthcoming, terrible errors have been committed, and when, later, new facts are brought to light, the mischief has been done. There is a family likeness in these causes of judicial mistake: strong personal resemblance between the real criminal and another; strangely suspicious facts confirming a first strong conjecture, such as the suspected person having been near the scene of the crime, having let drop incautious words, being found with articles the possession of which has been misinterpreted or has given a wrong impression. Often a sudden accusation has produced confusion, and consequently a strong presumption of guilt. Or the accused, although perfectly innocent, has been weak enough to invent a false defence, as in the case quoted by Sir Edward Coke of a man charged with killing his niece. The accused put forward another niece in place of the victim to show that the alleged murder had never taken place. The trick was discovered, his guilt was assumed, and he paid the penalty with his life. On the other hand, the deliberate cunning of the real criminal has succeeded but too often in shifting the blame with every appearance of probability upon other shoulders.

JUDGE CAMBO OF MALTA.

A curious old story of judicial murder, caused by the infatuation of a judge, is to be found in the annals of Malta, when under the Knights, early in the eighteenth century. This judge, Cambo by name, rising early one morning, heard an affray in the street, just under his window. Looking out, he saw one man stab another. The wounded man, who had been flying for his life, reeled and fell. At this moment the assassin’s cap came off, and his face was for a moment fully exposed to the judge above. Then, quickly picking up the cap, he ran on, throwing away the sheath of his knife, and, turning into another street, disappeared.

While still doubtful how he should act, the judge now saw a baker, carrying his loaves for distribution, approach the scene of the murder. Before he reached the place where the corpse lay, he saw the sheath of the stiletto, picked it up, and put it into his pocket. Walking on, he came next upon the corpse. Terrified at the sight, and losing all self-control, he ran and hid himself lest he should be charged with the crime. But at that moment a police patrol entered the street, and saw him disappearing just as they came upon the body of the murdered man. They naturally concluded that the fugitive was the criminal, and made close search for him. When they presently caught him, they found him confused and incoherent, a prey to misgiving at the suspicious position in which he found himself. He was searched, and the sheath of the stiletto was discovered in his pocket. When tried, it was found that the sheath exactly fitted the knife lying by the side of the corpse. The baker was accordingly taken into custody and carried off to prison.

All this went on under the eyes of the judge, yet he did not interpose to protect an innocent man. The police came and reported both murder and arrest; still he said nothing. He was at the time the presiding judge in the criminal court, and it was before him that the wretched baker was eventually tried. Cambo was a dull, stupid person, and he now conceived that he was forbidden to act from his own private knowledge in the matter brought before him—that he must deal with the case according to

the evidence of the witnesses. So he sat on the Bench to hear the circumstantial proofs against a man who he had no sort of doubt was actually innocent. When he saw that the evidence was insufficient, amounting to no more than semi prova, half-proof, according to Maltese law, he used every endeavour to make the accused confess his crime. Failing in this, he ordered the baker to be “put to the question,” with the result that the man, under torture, confessed to what he had not done. Cambo was now perfectly satisfied; the accused, innocent in fact, was guilty according to law, and having thus satisfied himself that his procedure was right, he carried his strange logic to the end, and sentenced the baker to death. “Horrible to relate,” says the old chronicle, “the hapless wretch soon after underwent the sentence of the law.”

The sad truth came out at last, when the real murderer, having been convicted and condemned for another crime, confessed that he was guilty of the murder for which the baker had wrongly suffered. He appealed to Judge Cambo himself to verify this statement, for he knew that the judge had seen him. The Grand Master of the Knights of Malta now called upon Judge Cambo to defend himself from this grave imputation. Cambo freely admitted his action, but still held that he had only done his duty, that he was really right in sending an innocent man to an ignominious death sooner than do violence to his own legal scruples. The Grand Master was of a more liberal mind, and condemned the judge to degradation and the forfeiture of his office, ordering him at the same time to provide handsomely for the family of his victim.

THE D’ANGLADES.

A very flagrant judicial error was committed in Paris towards the latter end of the same century, mainly through the obstinate persistence of the Lieutenant-General of Police in believing that he had discovered the real perpetrators of a theft. Circumstantial evidence was accepted as conclusive proof in spite of the unblemished character and the high social position of the accused.

The Marquis d’Anglade and his wife lived in the same house with the Comte and Comtesse de Montgomerie; it was in the Rue Royale, the best quarter in Paris, and both kept good establishments. The Montgomeries were the more affluent, had many servants, and a stable full of horses and carriages. D’Anglade also kept a carriage, but his income was said to be greatly dependent upon his winnings at the gaming table. The two families were on terms of very friendly intercourse, frequently visited, and accepted each other’s hospitality. When the Comte and Comtesse went to their country house, the D’Anglades often accompanied them.

It was to have been so on one occasion, but at the eleventh hour the Marquis d’Anglade begged to be excused on the score of his wife’s indisposition. The Montgomeries went alone, but took most of their servants with them. When they returned to Paris, a day earlier than they were expected, they found the door of their apartments open, although it had been locked when they left. A little later D’Anglade came in. Having been supping with other friends, and hearing that the Montgomeries were in the house, he went in to pay his respects. Madame d’Anglade joined him, and the party did not break up till a late hour. There was no suspicion of anything wrong then.

Next morning, however, the Comte de Montgomerie discovered that he had been the victim of a great robbery. His strong box had been opened by a false key, and thirteen bags of silver, amounting to 13,000 francs, and 11,000 francs in gold, had been abstracted, also a hundred louis d’or coined in a new pattern, and a valuable pearl necklace. The police were summoned, and their chief, the Lieutenant-General, declared that someone resident in the house must be the thief. Suspicion seems to have attached at once to the D’Anglades, although they readily offered to allow their premises to be searched. The search was forthwith made, and the whole of their boxes, the beds and cupboards, and all receptacles in the rooms they occupied, were thoroughly ransacked. Only the garrets remained, and D’Anglade willingly accompanied the officers thither. His wife, being ill and weak, remained downstairs.

Here, in the garret, the searchers came upon seventy-five louis d’or of the kind above mentioned, wrapped in a scrap of printed paper part of a genealogical table, which Montgomerie at once identified as his. The police now wished to fix the robbery on the D’Anglades, and their suspicions were strengthened by the poor man’s confusion when desired, as a test, to count out the money before them all. He was trembling, a further symptom of guilt. However, when the basement was next examined, the part occupied by the Montgomerie servants, evidence much more incriminatory was obtained against the latter. In the room where they slept, five of the missing bags of silver were found, all full, and a sixth nearly so. None of these servants was questioned, yet they were as likely to be guilty as the accused, more so indeed. But the police thought only of arresting the D’Anglades, one of whom was imprisoned in the Châtelet, the other in the Fors l’Evêque prison.

The prosecution was of the most rancorous and pitiless kind. Those who sat in the seat of justice prejudiced the case in D’Anglade’s disfavour, and, as he still protested his innocence, ordered him to suffer torture so as to extort confession. He remained obdurate to the last, was presently found guilty, although on this incomplete evidence, and was sentenced to the galleys for life, and his wife to be banished from Paris, with other penalties and disabilities. D’Anglade was condemned to join the chaîne, the gang of convicts drafted to Toulon, and, having suffered inconceivably on the road, he died of exhaustion at Marseilles. His wife was consigned to an underground dungeon, where she was confined of a girl, and both would have succumbed to the rigours of their imprisonment, when suddenly the truth came out, and they were released in time to escape death.

An anonymous letter reached a friend of the D’Anglades, coming from a man who was about to turn monk, being torn by remorse, which gave him no rest. This man had been one of several confederates, and he declared that he knew the chief agent in the theft to have been the Comte de Montgomerie’s almoner, a priest called Gaynard, who had stolen the money, aided by accomplices, mainly by one Belestre, who, from being in great indigence, had come to be suddenly and mysteriously rich. Gaynard and Belestre were both already in custody for a street brawl, and when interrogated they confessed. Gaynard had given impressions of the Comte’s keys to Belestre, who had had false keys manufactured which opened the strong box. Belestre was also proved to be in possession of a fine pearl necklace.

The true criminals were now examined and subjected to torture, when they completely exonerated D’Anglade. The innocent marquis could not be recalled to life, but a large sum was subscribed, some £4,000, for his wife, as a slight compensation for the gross injustice done her. The Comte de Montgomerie was also ordered to make restitution of the property confiscated, or to pay its equivalent in money.

LADY MAZEL.

One of the earliest of grave judicial blunders to be found in French records is commonly called the case of Lady Mazel, who was a lady of rank, living in a large mansion, of which she occupied two floors herself: the ground floor as reception-rooms, the first floor as her bedroom and private apartments. The principal door of her bedroom shut from the inside with a spring, and when the lady retired for the night there was no access from without, except by a special key which was always left on a chair within the chamber. Two other doors of her room opened upon a back staircase, but these were kept constantly locked. On the second floor was lodged the family chaplain only; above, on the third floor, were the servants.’

One Sunday evening the mistress supped with the abbé as was her general practice; then went to her bedroom, where she was attended by her waiting-maids. Her butler, by name Le Brun, came to take her orders for the following day, and then, when the maids withdrew, leaving the key on the chair inside as usual, he also went away, shutting the spring door behind him.

Next morning there was no sign of movement from the lady, not at seven a.m. (her time for waking), nor yet at eight—she was still silent, and had not summoned her servants. Le Brun, the butler, and the maids began to be uneasy, and at last the son of the house, who was married and lived elsewhere, was called in. He expressed his fears that his mother was ill, or that worse had happened, and a locksmith was called in, and the door presently broken open.

Le Brun was the first to enter, and he ran at once to the bedside. Drawing aside the curtains, he saw a sight which made him cry aloud, “My mistress has been murdered!” and this exclamation was followed by an act that afterwards went against him. He opened the wardrobe and took out the strong box. “It is heavy,” he said; “at any rate there has been no robbery.” The murder had been committed with horrible violence. The poor woman had fought hard for life; her hands were all cut and lacerated, and there were quite fifty wounds on her body. A clasp knife, much discoloured, was found in the ashes of the fire. Among the bedclothes they picked up a piece of a coarse lace cravat, and a napkin bearing the family crest, twisted into a nightcap. The key of the bedroom door, which had been laid on the chair, had disappeared. Nothing much had been stolen. The jewels were untouched, but the strong box had been opened and some of the gold abstracted.

Suspicion fell at once upon the butler, Le Brun. The story he told was against himself. He said that after leaving his mistress he went down into the kitchen and fell asleep there. When he awoke he found, to his surprise, the street-door wide open. He shut it, locked it, and went to his own bed. In the morning he did his work as usual until the alarm was given; went to market, called to see his wife, who lived near by, and asked her to lock up some money, gold crowns and louis d’or, for him. This was all he had to tell, but on searching him a key was found in his pocket: a false or skeleton key, the wards of which had been newly filed, and it fitted nearly all the locks in the house, including the street-door, the antechamber, and the back door of the lady’s bedroom. The napkin nightcap was tried on his head and fitted him exactly. He was arrested and shortly afterwards put upon his trial.

It was not alleged that he had committed the murder himself. No blood had been found on any of his clothes, although there were scratches on his person. A shirt much stained with blood had been discovered in the loft, but it did not fit Le Brun, nor was it like any he owned. Nor did the scrap of coarse lace correspond with any of his cravats; on the contrary, a maid-servant stated that she thought she recognised it as belonging to one she had washed for Berry, once a footman in the house. The supposition was that Le Brun had let some accomplice into the house, who had escaped after effecting his purpose. This was borne out by the state of the doors, which showed no signs of having been forced, and by the discovery of Le Brun’s false key.

Le Brun was a man of exemplary character, who had served the family faithfully for twenty-nine years, and was “esteemed a good husband, a good father, and a good servant,” yet the prosecution seemed satisfied he was guilty and put him to the torture. In the absence of real proofs it was hoped, after the cruel custom of the time, to force self-condemnatory admissions from the accused. The “question extraordinary” was applied, and the wretched man died on the rack, protesting his innocence to the last.

A month later the real culprit was discovered. The police of Sens had arrested a horse-dealer named Berry, the man who had been in Lady Mazel’s service as a lackey, but had been discharged. In his possession was a gold watch proved presently to have belonged to the murdered woman. He was carried to Paris, where he was recognised by someone who had seen him leaving Lady Mazel’s house on the night she was murdered, and a barber who shaved him next morning deposed to having seen that his hands were much scratched. Berry said that he had been killing a cat. Put to the torture prior to being broken on the wheel, he made full confession. At first he implicated the son and daughter-in-law of Lady Mazel, but when at the point of death he retracted the charge, and said that he had returned to the house with the full intention of committing the murder. He had crept in unperceived on the Friday evening, had gained the loft on the fourth floor, and had lain there concealed until Sunday morning, subsisting the while on apples and bread. When he knew the mistress had gone to mass he stole down into her bedroom, where he tried to conceal himself under the bed. It was too low, and he returned to the garret and slipped off his coat and waistcoat, and found now that he could creep under the bed. His hat was in his way, so he made a cap of the napkin. He lay hidden till night, then came out, and having secured the bell ropes, he roused the lady and demanded her money. She resisted bravely, and he stabbed her repeatedly until she was dead. Then he took the key of the strong box, opened it, and stole all the gold he could find; after which, using the bedroom key which lay on the chair by the door, he let himself out, resumed his clothes in the loft, and walked downstairs. As the street-door was only bolted he easily opened it, leaving it open behind him. He had meant to escape by a rope ladder which he had brought for the purpose of letting himself down from the first floor, but it was unnecessary.

It may be remarked that this confession was not inconsistent with Le Brun’s complicity. But it is to be presumed that Berry would have brought in Le Brun had he been a confederate, even although it could not have lessened his own guilt or punishment.

WILLIAM SHAW.

In Britain the list of judicial blunders includes the case of William Shaw, convicted of the murder of his daughter in Edinburgh simply on the ground of her own outcry against his ill-usage. They were on bad terms, the daughter having encouraged the addresses of a man whom he strongly disliked as a profligate and a debauchee. One evening there was a fresh quarrel between father and daughter, and bitter words passed which were overheard by a neighbour. The Shaws occupied one of the tenement houses still to be seen in Edinburgh, and their flat, the prototype of a modern popular form of residence in Paris and London, adjoined that of a man named Morrison.

The words used by Catherine Shaw startled and shocked Morrison. He heard her repeat several times, “Cruel father, thou art the cause of my death!” These were followed by awful groans. Shaw had been heard to go out, and the neighbours ran to his door demanding admittance. As no one opened and all was now silent within, a constable was called to force an entrance, and the girl was found weltering in her blood, with a knife by her side. She was questioned as to the words overheard, was asked if her father had killed her, and she was just able to nod her head in the affirmative, as it seemed.

Now William Shaw returned. All eyes were upon him; he turned pale at meeting the police and others in his apartment, then trembled violently as he saw his daughter’s dead body. Such manifest signs of guilt fully corroborated the deceased’s incriminating words. Last of all, it was noticed with horror that there was blood on his hands and on his shirt. He was taken before a magistrate at once, and committed for trial. The circumstances were all against him. He admitted in his defence the quarrel, and gave the reason, but declared that he had gone out that evening leaving his daughter unharmed, and that her death could only be attributed to suicide. He explained the bloodstains by showing that he had been bled some days before and that the bandage had become untied. The prosecution rested on the plain facts, mainly on the girl’s words, “Cruel father, thou art the cause of my death!” and her implied accusation in her last moments.

Shaw was duly convicted, sentenced, and executed at Leith Walk in November, 1721, with the full approval of public opinion. Yet the innocence which he still maintained on the scaffold came out clearly the following year. The tenant who came into occupation of Shaw’s flat found there a paper which had slipped down an opening near the chimney. It was a letter written by Catherine Shaw, as was positively affirmed by experts in handwriting, and it was addressed to her father, upbraiding him for his barbarity. She was so hopeless of marrying him whom she loved, so determined not to accept the man her father would have forced upon her, that she had decided to put an end to the existence which had become a burden to her. “My death,” she went on, “I lay to your charge. When you read this, consider yourself as the inhuman wretch that plunged the knife into the bosom of the unhappy Catherine Shaw!”

This letter, on which there was much comment, came at last into the hands of the authorities, who, having satisfied themselves that it was authentic, ordered the body of Shaw to be taken down from the gibbet where it still hung in chains and to be decently interred. As a further but somewhat empty reparation of his honour, a pair of colours was waved over his grave.

THE SAILMAKER AND THE BOATSWAIN.

A still more curious story is that of a sailmaker who many years ago went to spend Christmas with his mother near Deal. On his way he spent a night at an inn at Deal, and shared a bed with the landlady’s uncle, the boatswain of an Indiaman, who had just come ashore. In the morning the uncle was missing, the bed was saturated with blood, and the young sailmaker had disappeared. The bloodstains were soon traced through the house, and beyond, as far as the pier-head. It was naturally concluded that the boatswain had been murdered and his body thrown into the sea. A hue-and-cry was at once set up for the young man, who was arrested the same evening in his mother’s house.

He was taken red-handed, with ample proofs of his guilt upon him. His clothes were stained with blood; in his pockets were a knife and a strange silver coin, both of which were sworn to most positively as the property of the missing boatswain. The evidence was so conclusive that no credence could be given to the prisoner’s defence, which was ingenious but most improbable. His story was that he woke in the night and asked the boatswain the way to the garden, that he could not open the back door, and borrowed his companion’s clasp-knife to lift the latch. When he returned to bed the boatswain was gone; why or where he had no idea.

The youth was convicted and sent to the gallows, but by strange fortune he escaped death. The hanging was done so imperfectly that his feet touched the ground, and when taken down he was soon resuscitated by his friends. They made him leave as soon as he could move, and he went down to Portsmouth, where he engaged on board a man-of-war about to start for a foreign station. On his return from the West Indies three years later to be paid off, he had gained the rating of a master’s mate, and gladly took service on another ship. The first person he met on board was the boatswain he was supposed to have murdered!

The explanation given was sufficiently strange. On the day of his supposed murder the boatswain had been bled by a barber for a pain in the side. During the absence of his bedfellow the bandage had come off his arm, which bled copiously, and he got up hurriedly to go in search of the barber. The moment he got into the street he was seized by a press-gang and carried off to the pier. There a man-of-war’s boat was in waiting, and he was taken off to a ship in the Downs, which sailed direct for the East Indies. He never thought of communicating with his friends; letter-writing was not much indulged in at that period.

Doubts have been thrown upon this story, which rests mainly upon local tradition. As no body was found, it does not seem probable that there would be a conviction for murder. Of the various circumstances on which it was based, that of the possession of the knife was explained, but not the possession of the silver coin. It has been suggested that when the sailmaker took it out of the boatswain’s pocket the coin had stuck between the blades of the knife.

BRUNELL THE INNKEEPER.

The astute villainy of a criminal in covering up his tracks was never more successful than in the case of Brunell, the innkeeper at a village near Hull. A traveller was stopped upon the road and robbed of a purse containing twenty guineas. But he pursued his journey uninjured, while the highwayman rode off in another direction.

Presently the traveller reached the Bell Inn, kept by Brunell, to whom he recounted his misadventure, adding that no doubt the thief would be caught, for the stolen gold was marked, according to his rule when travelling. Having ordered supper in a private room, the gentleman was soon joined by the landlord, who had heard the story, and now wished to learn at what hour the robbery took place.

“It was just as night fell,” replied the traveller.

“Then I can perhaps find the thief,” said the landlord. “I strongly suspect one of my servants, John Jennings by name, and for the following reason. The man has been very full of money of late. This afternoon I sent him out to change a guinea. He brought it back saying he could not get the change, and as he was in liquor I was resolved to discharge him to-morrow. But then I was struck with the curious fact that the guinea was not the same as that which I had given, and that it was marked. Now I hear that those you lost were all marked, and I am wondering whether this particular guinea was yours.”

“May I see it?” asked the traveller.

“Unfortunately I paid it away not long since to a man who lives at a distance, and who has gone home. But my servant Jennings, if he is the culprit, will probably have others in his possession. Let us go and search him.”

They went to Jennings’s room and examined his pockets. He was in a deep drunken sleep, and they came without difficulty upon a purse containing nineteen guineas. The traveller recognised his purse, and identified by the mark his guineas. The man was roused and arrested on this seemingly conclusive evidence. He stoutly denied his guilt, but was sent for trial and convicted. The case was thought to be clearly proved. Although the prosecutor could not swear to the man himself, as the robber had been masked, he did to his guineas. Again, the prisoner’s master told the story of his substitution of the marked for the other coin; while the man to whom the landlord had paid the marked guinea produced it in court. A comparison with the rest of the money left no doubt that these guineas were one and the same.

The unfortunate Jennings was duly sentenced to death, and executed at Hull. Yet, within a twelvemonth, it came out that the highwayman was Brunell himself. The landlord had been arrested on a charge of robbing one of his lodgers, and convicted; but he fell dangerously ill before execution. As he could not live, he made full confession of his crimes, including that for which Jennings had suffered.

It seemed that he had ridden sharply home after the theft, and, finding a debtor had called, gave him one of the guineas, not knowing they were marked. When his victim arrived and told his story, Brunell became greatly alarmed. Casting about for some way of escape, he decided to throw the blame on his servant, whom he had actually sent out to change a guinea, but who had failed, as we know, and had brought back the same coin. As Jennings was drunk, Brunell sent him to bed, and then easily planted the incriminating purse in the poor man’s clothes. No sort of indemnity seems to have been paid to Jennings’s relations or friends.

DU MOULIN’S CASE.

Of the same class was the conviction of a French refugee, Du Moulin, who had fled to England from the religious persecutions in his own country. He brought a small capital with him, which he employed in buying goods condemned at the Custom-house, disposing of them by retail. The business was “shady” in its way, as the goods in question were mostly smuggled, but Du Moulin’s honesty was not impeached until he was found to be passing false gold. He made it a frequent practice to return money paid him by his customers, declaring it was bad. The fact could not be denied, but the suspicion was that he had himself changed it after the first payment; and this happened so often that he presently got into disrepute, losing both his business and his credit. The climax came when he received a sum of £78 in guineas and Portugal gold, and “scrupled,” or questioned, several of the pieces. But he took them, giving his receipt. In a few days he brought back six coins, which he insisted were of base metal. His client Harris as positively declared that they were not the same as those he had paid. Then there was a fierce dispute. Du Moulin was quite certain; he had put the whole £78 into a drawer and left the money there till he had to use it, when part of it was at once refused. Harris continued to protest, threatening Du Moulin with a charge of fraud, but presently he paid. He lost no opportunity, however, of exposing Du Moulin’s conduct, doing so so often, and so libellously, that the other soon brought an action for defamation of character.

This drove Harris to set the law in motion also, on his own information, backed by the reports of others on whom Du Moulin had forced false money. A warrant was issued against the Frenchman, his house was searched, and in a secret drawer all the apparatus of a counterfeiter of coin was discovered—files, moulds, chemicals, and many implements. This evidence was damnatory; his guilt seemed all the more clear from the impudence with which he had assailed Harris and his insistence in passing the bad money. Conviction followed, and he was sentenced to death. But for a mere accident, which brought about confession, he would certainly have suffered on the scaffold.

A day or two before he was to have been executed, one Williams, a seal engraver, was thrown from his horse and killed, whereupon his wife fell ill, and in poignant remorse confessed that her husband was one of a gang of counterfeiters, and that she helped him by “putting off” the coins. One of the gang hired himself as servant to Du Moulin, and, using a whole set of false keys, soon became free of all drawers and receptacles, in which he planted large quantities of false money, substituting them for an equal number of good pieces.

The members of this gang were arrested and examined separately. They altogether repudiated the charge, but Du Moulin’s servant was dumbfounded when some bad money was found in his quarters. On this he turned king’s evidence, and his accomplices were convicted.

CALAS.

A case in which “justice” was manifestly unjust is that of the shameful prosecution and punishment of Calas, a judicial murder begun in wicked intolerance and carried out with almost inconceivable cruelty.

Bitter, implacable hatred of the Protestant or Reformed faith and all who professed it survived in the South of France till late in the eighteenth century. There was no more bigoted city than Toulouse, which had had its own massacre ten years before St. Bartholomew, and perpetuated the memory of this “deliverance,” as it was called, by public fêtes on its anniversary. It was on the eve of the fête of 1761 that a terrible catastrophe occurred in the house of one Jean Calas, a respectable draper, who had the misfortune to be a heretic—in other words, a criminal, according to the ideas of Toulouse.

Marc Antoine Galas, the eldest son of the family, was found in a cupboard just off the shop, hanging by the neck, and quite dead. The shocking discovery was made by the third brother, Pierre. It was then between nine and ten p.m.; he had gone downstairs with a friend who had supped with them, and had come suddenly upon the corpse.

The alarm was soon raised in the town, and the officers of the law hastened to the spot. In Toulouse the police was in the hands of the capitouls, functionaries akin to the sheriffs and common councillors of a corporation, and one of the leading men among them just then was a certain David de Beaudrigue, who became the evil genius of this unfortunate Calas family. He was bigoted, ambitious, self-sufficient, full of his own importance, fiercely energetic in temperament, and undeviating in his pursuit of any fixed idea.

Now, when called up by the watch and told of the mysterious death of Marc Antoine Calas, he jumped to the conclusion that it was a murder, and that the perpetrator was Jean Calas; in other words, that Calas was a parricide. The motives of the crime were not far to seek, he thought. One Calas son had already abjured the Protestant for the true faith, this now dead son was said to have been anxious to go over, and the father was resolved to prevent it at all cost. It was a commonly accepted superstition in those dark times that the Huguenots would decree the death of any traitors to their own faith.

Full of this baseless prepossession, De Beaudrigue thought only of what would confirm it. He utterly neglected the first duty of a police officer: to seek with an unbiassed mind for any signs or

indications that might lead to the detection of the real criminals. He should have at once examined the wardrobe in which the body was found pendent; the shop close at hand, the passage that led from it through a small courtyard into the back street. It was perfectly possible for ill-disposed people to enter the shop from the front street and escape by this passage, and possibly they might leave traces behind them.

De Beaudrigue thought only of securing those whom he already in his own mind condemned as guilty, and hurrying upstairs found the Calas, husband and wife, whom he at once arrested; Pierre Calas, whom he also suspected, was given in charge of two soldiers; the maid-servant, too, was taken, as well as two friends of the family who happened to be in the house at the time. When another capitoul mildly suggested a little less precipitation, De Beaudrigue replied that he would be answerable, and that he was acting in a holy cause.

The whole party was carried off to gaol. When the elder Calas asked to be allowed to put a candlestick where he might find it easily on his return, he was told sardonically, “You will not return in a hurry.” The request and its answer went far to produce a revulsion in his favour when the facts became known. The wretched man never re-entered his house, but he passed it on his way to the scaffold and knelt down to bless the place where he had lived happily for many years, and from which he had been so ruthlessly torn.

On the way to gaol the prisoners were greeted with yells and execrations. It was already taken for granted that they had murdered Marc Antoine. Arrived at the Hôtel de Ville, there was a short halt while the accusation was prepared charging the whole party as principals or accessories. An interrogatory followed which was no more than a peremptory summons to confess. “Come,” said the capitoul to Pierre, “confess you killed him.” Denial only exasperated De Beaudrigue, who began at once to threaten Calas and the rest with the torture.

There was absolutely no evidence whatever against the accused, and in the absence of it recourse was had to an ancient ecclesiastical practice, the monitoire, a solemn appeal made to the religious conscience of all who knew anything to come forward and declare it. This notice was affixed to the pulpits of churches and in street corners. It assumed the guilt of the Calas family quite illegally, because without the smallest proof, and it warned everyone to come forward and speak, whether from hearsay or of their own knowledge. Nothing followed the monitoire, so these pious sons of the Church went a step farther and obtained a fulmination; a threat to excommunicate all who could speak yet would not. This was duly launched, and caused great alarm. Religious sentiment had reached fever pitch. The burial of Marc Antoine with all the rites of the Church was a most imposing ceremony. He lay in state. The catafalque bore a notice to the effect that he had abjured heresy. He was honoured as a martyr; a little more and he would have been canonised as a saint.

Still, nothing conclusive was forthcoming against the Calas. One or two witnesses declared that they had heard disputes, swore to piteous appeals made to the father by the dead son, to cries such as “I am being strangled!” “They are murdering me!” and this was all. It was all for the prosecution; not a word was heard in defence. The Protestant friends of the family were not competent to bear witness; the accused, moreover, were permitted to call no one. It would be hard to credit the disabilities still imposed upon the French Huguenots were it not that the laws in England against Roman Catholics at that time were little less severe. In France all offices, all professions were interdicted to Protestants. They could not be ushers or police agents, they were forbidden to trade as printers, booksellers, watchmakers, or grocers, they must not practise as doctors, surgeons, or apothecaries.

Although there was no case, the prosecution was obstinately persisted in, not merely because the law officers were full of prejudice, but because, if they failed to secure conviction, they would be liable to a counter action for their high-handed abuse of legal powers. As has been said, no pains were taken at the first discovery of the death to examine the spot or investigate the circumstances. It was all the better for the prosecution that nothing of the kind was done. Had the police approached the matter with an open mind, judging calmly from the facts apparent, they would have been met at once by an ample, nay, overwhelming—explanation. There can be no doubt that Marc Antoine Calas committed suicide. The proofs were plain. This eldest son was a trouble to his parents, ever dissatisfied with his lot, disliking his father’s business, eager to take up some other line, notably that of an advocate. Here, however, he encountered the prejudice of the times, which forbade this profession to a Protestant; and it was his known dissatisfaction with this law that led to the conjecture—and there was little else—that he wished to abjure his faith. At last Marc Antoine offered to join his father, but was told that until he learnt the business and showed more aptitude he could not hope for a partnership. From this moment he fell away, took to evil courses, frequented the worst company, was seen at the billiard tables and tennis courts of Toulouse, and became much addicted to gambling. When not given to debauchery he was known as a silent, gloomy, discontented youth, who quarrelled with his lot and complained always of his bad luck. On the very morning of his death he had lost heavily—a sum of money entrusted him by his father to exchange from silver into gold.

All this pointed to the probability of suicide. The Calas themselves, however, would not hear of any such solution. Suicide was deemed disgraceful and dishonourable. Sooner than suggest suicide, the elder Calas was prepared to accept the worst. One of the judges was strongly of opinion that it was clearly a case of

felo de se, but he was overruled by the rest, who were equally convinced of the guilt of the Calas. Not a single witness of the 150 examined could speak positively; not one had seen the crime committed; they contradicted each other, and their statements were improbable and opposed to common sense. Moreover, the murder was morally and physically impossible. Was it likely that a family party collected round the supper-table would take one of their number downstairs and hang him? Could such wrong be done to a young and vigorous man without some sort of struggle that would leave its traces on himself and in the scene around?

But the bigoted and prejudiced judges of Toulouse gave judgment against the accused; yet, although so satisfied of their guilt, they ordered the torture to be applied to extort full confession. The prisoners appealing, the case was heard in the local parliament, and the first decision upheld. Thirteen judges sat; of these, seven were for a sentence of death, three for preliminary torture, two voted for a new inquiry based on the supposition of suicide, one alone was for acquittal. As this was not a legal majority, one dissident was won over, and sentence of death was duly passed on Calas, who was to suffer torture first, in the hope that by his admissions on the rack the guilt of the rest might be assured.

The sentence was executed under circumstances so horrible and heartrending that humanity shudders at hearing them. Calas was taken first to the question chamber and put “upon the first button.” There, being warned that he had but a short time to live and must suffer torments, he was sworn and exhorted to make truthful answer to the interrogatories, to all of which, after the rack had been applied, he replied denying his guilt. He was then put “upon the second button”; the torture increased, and still he protested his innocence. Last of all, he was subjected to the question extraordinary, and being still firm, he was handed over to the reverend father to be prepared for death. He suffered on the wheel, being “broken alive”; the process lasted two whole hours, but at the end of that time the executioner put him out of his misery by strangling him. When asked for the last time, on the very brink of the grave, to make a clean breast of his crime and give up the names of his confederates, he only answered, “Where there has been no crime there can be no accomplices.” His constancy won him the respect of all who witnessed his execution. “He died,” said a monk “like one of our Catholic martyrs.”

This noble end caused deep chagrin to his judges; they were consumed with secret anxiety, having hoped to the last that a full confession would exonerate them from their cruelty. At Toulouse there had been a fresh outburst of fanaticism, in which more lives were lost; and now, the news of Calas’ execution reaching the city, open war was declared against all Huguenots. But a reaction was at hand, caused by the very excess of this religious intolerance. The terrible story began to circulate through France and beyond. The rest of the accused had been released, not without reluctance, by the authorities of Toulouse, but Pierre Calas had been condemned to banishment. Another brother had escaped to Geneva, where he met with much sympathy.

The feeling in other Protestant countries was intense, and loud protests were published. But the chief champion and vindicator of the Calas family was Voltaire, who seized eagerly at an opportunity of attacking the religious bigotry of his countrymen. He soon raised a storm through Europe, writing to all his disciples, denouncing the judges of Toulouse, who had killed an innocent man. “Everyone is up in arms. Foreign nations, who hate us and beat us, are full of indignation. Nothing since St. Bartholomew has so greatly disgraced human nature.”

Voltaire bent all the powers of his great mind to collecting evidence and making out a strong case. The Encyclopædists, with d’Alembert at their head, followed suit. All Paris, all France grew excited. The widow Calas was brought forward to make a fresh appeal to the king in council. The whole case was revived in a lengthy and tedious procedure, and in the end it was decided to reverse the conviction. “There is still justice in the world!” cried Voltaire—“still some humanity left. Mankind are not all villains and scoundrels.”

Three years after the judicial murder of Jean Calas all the accused were formally pronounced innocent, and it was solemnly declared that Jean Calas was illegally done to death. But the family were utterly ruined, and, although entitled to proceed against the judges for damages, they had no means to go to law. The Queen said the French wits had drunk their healths, but had given them nothing to drink in return.

It is satisfactory to know, however, that some retribution overtook the principal mover in this monstrous case. The fierce fanatic, David de Beaudrigue, was dismissed from all his offices, and being threatened with so many lawsuits, he went out of his mind. He was perpetually haunted with horrors, always saw the scaffold and the executioner at his grisly task, and at last, in a fit of furious madness, he threw himself out of the window. The first time he escaped death, but he made another attempt, and died murmuring the word “Calas” with his last breath.

A GROSS PERVERSION OF JUSTICE AT NUREMBERG.

On the 30th of January, 1790, at five o’clock in the morning, the Nuremberg merchant Johann Marcus Sterbenk was awakened by his maid with the unpleasant news that his house had been broken into and the counting-house robbed of its strong-box, containing the sum of 2,000 gulden. It was a heavy iron strong-box, standing on four legs, and was painted in dark green stripes and ornamented on the top surface and lock with leaves and flowers. The sum stolen meant a small fortune in those days. The counting-house had a window which looked out on to the staircase, and some ten days before, when the key of the door had been mislaid, it had been necessary to remove a pane of glass from the window in order to reach the door from within. On getting to his counting-house, the merchant found that the pane of glass had again been removed, and that the door of the room was standing open. The main front door also was open, although the maid had declared that she had bolted it securely the evening before.

The robbery had clearly been the work of someone who knew the locality well; yet, although several people swore to having seen suspicious-looking men in the neighbourhood about two o’clock in the morning, they were unable to identify or describe them, and for a time justice was at fault.

Suddenly suspicion fell on one Schönleben, Sterbenk’s messenger; and ere long all agreed that he must be the culprit. There was absolutely no evidence—nothing more than his own careless words, which were seized upon and twisted against him. It was now remembered that his previous life had not been blameless, and every little incident was seized upon to his discredit. Thus it was said that the day after the robbery his brother was seen in close converse with him at his house; after that the brother drove out of town with his cart, in which, according to general belief, the strong-box was concealed. Again, it was noted that Schönleben had been often late at business, and again, that the day after the robbery he appeared extremely lightheaded.

On the strength of these suspicions Schönleben was arrested, and with him a poor beadmaker, Beutner by name, who was suspected of being his accomplice. The only connection between the two was that Beutner had once helped Schönleben to carry a load of wood into the Sterbenks’ house; and as he was passing the window of the counting-house, it was said that he gazed spell-bound at the sight of all the money inside. For not more than this the two were lodged in gaol and subjected to criminal examination. It was hardly thought possible that they could be innocent men. A new clue was, however, soon discovered. A barber named Kirchmeier called on Sterbenk and declared that on the day of the robbery he had seen a cash-box identical in every respect with the one stolen. It was in the room of a working gilder, Mannert, who lived in the same house as Schönleben the messenger. On making a second call at the same room a few days later there was no box to be seen. Kirchmeier deposed that the box was standing under the table near the oven and behind the door; and as this witness was a respectable, well-to-do citizen, bearing the character of an upright, religious man, his testimony was deemed unimpeachable. The poor gilder, Mannert, had also always borne the best of characters, but he, too, was arrested, with his wife and sons. When examined, he denied absolutely that he had ever owned such a box, and although he admitted a slight acquaintance with Schönleben, and that he was employed by Sterbenk, he declared that he knew nothing of the messenger’s private affairs.

Then the examination of the Mannerts was renewed; but as they still persisted in repudiating all knowledge of the strong-box the Court had recourse to more drastic measures. In those days it was not absolutely required that witnesses should take the oath, which was reserved for extreme cases; it was a last step when evidence was imperfect, and the punishment for perjury was very severe. Kirchmeier signified his perfect willingness to be sworn, and eventually reiterated his charges upon oath. “That which I saw, I saw,” he averred. “The green-painted cash-box, with green wooden legs, I saw in the rooms of the man who is now kneeling imploringly before me. I cannot help it. I am quite convinced that in this case I am not mistaken. If I am, his blood be on my head.”

The Court, after such solemn testimony, could not exonerate the Mannerts and Schönleben; and the public shared this conviction. Excitement over the case was not confined to Nuremberg, but spread through all Germany. So high ran feeling against the accused for their obstinate pleas of innocence, that the mob smashed Schönleben’s windows and killed his youngest child as it lay in its mother’s arms.

Mannert’s wife and sons corroborated his statements. Nevertheless, the barber, Kirchmeier, when confronted with them, stuck to his story. The entire absence of all malicious motive strengthened his testimony and gained him full credence from the Nuremberg authorities. So the Mannert family were also consigned to durance, while their residence was searched from top to bottom. Nothing incriminating was found; only in a lumber room one of the planks appeared to have been recently disturbed, and this, although it led to no further discovery, was deemed highly suspicious.

Meanwhile, Schönleben had been again questioned, and still stoutly denied his guilt. When asked as to his accomplices and confederates, he replied that he could have had none, having committed no crime. Beutner, the beadmaker, had no doubt asked him once where Sterbenk’s counting-house was situated, and whether the family all slept upstairs, but, after all, that might be mere curiosity. Beutner excused himself by saying he must have been drunk when he asked such questions—at least, he had no recollection of putting them. Several independent witnesses deposed to having been with Beutner on the night of the robbery till 2 a.m., after which they walked home with him.

The perverse cruelty of the Nuremberg Court, which had accepted Kirchmeier’s story so readily, was not yet exhausted, and, very much as in the case of Calas, given on a previous page, it persisted in seeking a confession as its own best justification. Mannert was still obdurate, however, and force was now applied. Floggings were tried, but quite without result, and at last, a fresh search of the dwellings of both Mannert and Schönleben having proved fruitless, it was resolved to appeal to the antiquated instruments of Nuremberg justice, surviving still, within ten years of the nineteenth century—the priest and the rack.

The power of the priest to extort confession, even from the most hardened criminals, had often proved successful heretofore, and public expectation was raised high that justice would once more be vindicated in this fashion. But the priests failed now. Neither Mannert, nor his wife, nor his sons would make the slightest acknowledgment of their guilt, and it became clear that they had won over the priests to their side. Still the Court was resolute to follow out its own line of action. Confession having failed, it determined to try the effect of flogging the woman, or, if her health did not allow such an extreme proceeding, she was to be strictly isolated, and kept upon bread and water in the darkest dungeon of the prison; lastly, if these merciless measures proved of no avail, she was to be subjected to the rack.

Schönleben, from the recesses of the prison, now made a desperate effort to free himself by reviving suspicion against Beutner. So absolutely helpless and hopeless had justice now become that the Nuremberg Court actually accepted a dream as evidence. Schönleben pretended that he had seen the missing cash-box under a heap of wood at Beutner’s house—seen it only in his dreams, however. This “baseless fabric” of his imagination sufficed to send the officers to search Beutner’s house, and although nothing was discovered, public opinion agreed with the judges in again accusing Beutner, and he was held to be implicated, despite the renewed proof of a satisfactory alibi. Nobody believed Beutner’s witnesses.

The next incident in these shameful proceedings was the death of Frau Mannert, who succumbed to the cruel treatment she had received. She died protesting her innocence to the last, and the priests who shrived her in the dark underground cell where she breathed her last expressed much indignation at the shocking ill-usage to which she owed her death.

Four more months passed, bringing no relaxation in the law’s severity towards those whom it still gripped in its cruel clutches. Who shall say what their fate might have been? But now, at last, an unexpected turn was given to the inquiry, and by pure accident justice got upon the right track. Certain rumours reached the ears of one of the judges, who proceeded to investigate them. These rumours started from a beer-shop, where someone in his cups had been heard grossly to abuse a locksmith, Gösser by name, and his assistant, Blösel. The vituperation ended in a direct charge of complicity in the Sterbenk robbery. Blösel sat speechless under the attack, but his master, Gösser, tried lamely to repudiate the charges. It was remembered now against these two that, although miserably poor till a certain date, they had become suddenly rich; had bought good clothes and silver watches, had launched out into many extravagances, and were always ready to stand treat to their friends. Gösser just now had applied for a passport to leave Nuremberg and go to Dresden; and passports were in those days rather expensive luxuries, and generally beyond the means of persons in straitened circumstances. Schönleben once more contributed his quota to the newly formulated charge; he had always suspected him, he said; and this time he had good reason to do so. When the police arrested Gösser and his assistant (they were always glad to arrest anybody), the two prisoners incontinently confessed their crime.

Gösser, a man of thirty-three, had settled in Nuremberg with his wife and family about a year previously. He was a shiftless, aimless fellow, and it was only by serious money sacrifices that he obtained admission into the guild of locksmiths in Nuremberg. Having thus started in debt, he was never able to get clear

again. He was often in want of the necessaries of life; his relations would not help him; and he began to despair of ever gaining an honest livelihood. Having once visited Sterbenk’s house, he had quickly realised how easily the counting-house door might be forced. The criminal idea of thus obtaining funds once formed, it grew and gained more mastery, till at length, on the night of the 29th of January, he proceeded to perpetrate the theft. He went to Sterbenk’s, opened the outer door, which he said was unbolted, and silently, and without difficulty, entered the counting-house. Finding the strong-box too heavy to move by himself, he had gone home and awakened his assistant, whom he persuaded to join him. Together they had crept back, lifted the cash-box, and, without interference, carried it home. While Gösser’s wife was out of the way, they opened it and divided the spoil. The box they kept close hidden for a long time, but at last broke it up and threw the pieces bit by bit into the river. After the robbery Gösser confessed to his wife, who, overcome with fear, implored her husband to return the money. But he paid some pressing debts and bought what he needed for his business, and now hoped that he was on the high road to success and competence. Gösser declared that no one had instigated him to the deed, that he alone was responsible, and had had no accomplice beyond Blösel; and the confessions of his wife and Blösel corroborated these statements.

An examination of Gösser’s dwelling also confirmed them, while portions of the strong-box were by-and-bye found in the river. But it was not till after there remained no shadow of doubt of the truth of Gösser’s story that the other prisoners were lightened of their chains, and only by degrees were they informed of the new turn of affairs.

Kirchmeier was arrested on the 4th of November, and feeling ran tremendously strong against him as the original cause of so much cruel injustice. His three confessions were read out to him, and he was asked if he still stood by them. Strange to state, he firmly reiterated them, continuing to do so even when the fragments of the box and the plainly rebutting evidence were laid before him. The only plausible solution of his extraordinary conduct was that he suffered from hallucinations. He had only lately recovered from a bad attack of bilious fever; and it was quite probable that in his convalescent condition the excitement of the robbery working on a disordered mind produced an impression which had all the weight and force of actual tangible fact. Some such view of his conduct was evidently taken by the Court; for, although arraigned for perjury, he was acquitted, and absolved from having falsely sworn from any evil motive. Yet his fellow-townspeople could not readily forgive him, or forget the sufferings he had brought upon the innocent victims of his delusions. He was scouted by his old friends and deserted by his customers; and, to escape universal execration and the starvation that threatened him, he settled in another part of Germany. Gösser and Blösel were, of course, duly punished.

“THE BLUE DRAGOON.”

This case,[6] in which Justice got upon a false scent and narrowly escaped the commission of a tragical blunder, is remarkable for the tortuous course it ran before the truth was at last reached. In a certain Dutch town there lived, towards the close of the last century, an elderly widow lady, Madame Andrecht. She was fairly well-to-do, and possessed some valuable silver, although she lived in a quiet, retired street and in a not very reputable locality. Her neighbours were all of the poorer classes; and the town ditch, which was navigable, flowed at the bottom of her back garden. Hers was a tranquil, uneventful existence; she was served by one elderly female servant, and her only recreation was a yearly visit paid to a married son in the country, when she locked up the house and took the servant away with her.

On the 30th of June, 17—, she returned home, after one of these visits, to find her house broken into and most of her possessions gone. It was clear that the thieves were acquainted with the interior of the house, and had set to work in a systematic fashion, although some of the plunder had escaped them. A window leading from the garden had been forced; the back door was open, and footsteps could be traced down the garden to the hedge at the bottom over the ditch. This pointed to the removal of the booty by boat.

The discovery of this robbery caused a great sensation, and the house was soon surrounded by a gaping crowd, whom the police had some trouble in controlling. One, an irrepressible baker, managed to make his way inside, and his acquaintances awaited with impatience the result of his investigations. But on his return he assumed a great air of mystery, and refused to satisfy their curiosity. Everyone was left to evolve his own theory, and the most voluble of the chatterers was a wool-spinner, Leendert van N——, who talked so pointedly that before evening he was summoned to the town house and called upon for an explanation by the burgomaster. In a hesitating, stammering way, as if dreading to incriminate anyone, he unfolded his suspicions, which were to the following effect:—

At the end of the street stood a small alehouse, kept by an ex-soldier, Nicholas D——, commonly known as the “Blue Dragoon.” Some years previously he had courted and married a servant of Madame Andrecht. The mistress had never liked the match, and had done all she could to prevent the young people from meeting. Nicholas had managed, however, to pay the girl secret visits, stealing at night across Leendert’s back garden and over the hedge. Leendert objected, and begged Nicholas to discontinue these clandestine proceedings. Later on he discovered that the ardent lover used to row along the fosse and enter the garden that way. All this was ancient history, but it was brought back to his mind by the robbery. His suspicion had been emphasised by the fact of his finding a handkerchief on the fosse bank, opposite the garden, only ten days before. This handkerchief proved to be marked with the initials N. D.

Suspicion, once raised against the dragoon, was strengthened by other circumstances. During the first search of the house a half-burnt paper had been picked up, presumably a pipelight. On examination, it was found to be an excise receipt, and further investigation proved it to have belonged to Nicholas D——. This evidence, such as it was, seemed to point to the same person, and, after a short consultation among the magistrates, orders were given for his arrest, and that of his wife, father, and brother. His house was ransacked, but the closest search failed to reveal the missing plate; only in one drawer a memorandum-book was discovered which was proved beyond doubt to have belonged to Madame Andrecht.

Nothing resulted from a first examination to which the prisoner was subjected. He answered every question in an open, straightforward manner; but while admitting the facts of his courtship, as told by the wool-spinner, he could adduce no rebutting evidence in his own defence. The other members of the household corroborated what he had said; and the wife declared strenuously that the note-book had not been in the drawer the previous week, when she had removed all the contents in order to clean the press. Their attitude and their earnest protestations of innocence made a favourable impression on the judge; the neighbours testified to their honest character and general good name. Still, Nicholas could not be actually exonerated; the note-book, the charred receipt, and the handkerchief were so many unanswered points against him.

At this stage of the inquiry a new witness came forward and strengthened the suspicion against Nicholas D——. A respectable citizen, a wood merchant, voluntarily appeared before the authorities and made a statement, which, he said, had been weighing on his conscience ever since the robbery. It would seem that a carpenter, Isaac van C——, owed this man money; and he had been obliged to put pressure upon him. The carpenter had begged him to delay proceedings, telling him of the difficulty he also had in collecting his dues, and showing him some silver plate he had taken in pledge from one of his debtors. After some discussion, the wood merchant agreed to accept the plate as part payment of the carpenter’s bill. When the robbery became known, the wood merchant began to think the articles pledged to him might have formed part of the stolen property. He had no reason to suspect his debtor, the carpenter, of being concerned in the theft, but still he thought the clue ought to be followed up.

The carpenter was immediately sent for and examined. He said that the debtor of whom he spoke to the wood merchant was Nicholas D——, who owed him sixty gulden for work done on the premises, and as he would not or was unable to pay, he (the carpenter) had peremptorily asked for his money. Nicholas then offered him some old silver, which he said had belonged to his father, and asked him to dispose of it through an agent in Amsterdam or some distant town. Nicholas was brought in, and, confronted with the carpenter, did not deny that he owed the debt and could not see how to pay it; but when the plate was shown him he hesitated, turned pale, and declared he knew nothing about it. His nervousness and prevarication excited a general doubt as to his previous statements. This was further increased by the examination of the carpenter’s private account-book, which contained an entry of the old silver received from the innkeeper. The carpenter’s housekeeper and apprentice also bore witness to the agreement.

The general feeling in the town was now very strong against Nicholas D——. He was committed to the town prison, and his relatives placed under closest surveillance. All, nevertheless, persisted in their story. In order to ascertain the truth, justice was prepared to go to the extreme length of applying torture to force a confession from the obstinate accused. But happily, just as the “question” was about to be employed, the following letter was received:—

“Before I leave the country and betake myself where I shall be beyond the reach either of the Court of M—— or the military tribunal of the garrison, I would save the unfortunate persons who are now prisoners at M——. Beware of punishing the innkeeper, his wife, his father, or his brother, for a crime of which they are not guilty. How the story of the carpenter is connected with theirs I cannot conjecture. I have heard of it with the greatest surprise. The latter may not himself be entirely innocent. Let the judge pay attention to this remark. You may spare yourself the trouble of inquiring after me. If the wind is favourable, by the time you read this letter I shall be on my passage to England.

“Joseph Christian Ruhler,
Formerly Corporal in the Company of Le Lery.”

The receipt of this letter started a new set of conjectures, followed up by inquiries. Captain le Lery’s company was quartered in the town, and Corporal Ruhler had, as a matter of fact, belonged to it, but he had mysteriously and suddenly disappeared about the time of the robbery. No trace of him had been found. His letter seemed to throw light upon his disappearance, yet when it was shown to his captain and some of his comrades it was unanimously declared to be a forgery. What could have been the writer’s object in fabricating it? Various theories were advanced, the most popular being that some guilty party, knowing the corporal had gone, thought to implicate him and save the accused from the torture, which might have driven them to full confession, in which the names of all accomplices would have been divulged. It was a clumsy explanation, but the only feasible one forthcoming. Every effort was made to discover the author of the letter, but without avail.

Now a fresh witness volunteered information—a merchant who lived in Madame Andrecht’s neighbourhood, and who had left home about the time that the robbery had been perpetrated. He had just returned, to find that the mysterious affair was the talk of the town—indeed, he had had a full account of it from his fellow-passengers in the coach which brought him home. He now came to the authorities and told them what he knew. A day or two before the robbery a carpenter, Isaac van C——, had come to him seeking to borrow his boat, which the merchant kept in the fosse just behind his warehouse. Isaac made some pretence for wanting the boat which was not altogether satisfactory to the merchant, who refused to lend it, but yielded when the carpenter declared he wished to use it for the purposes of fishing. The next morning the boat was returned, but was not in exactly its right place; the inside of the boat, moreover, was too clean and dry for it to have been recently used for fishing. The merchant, although he had not yet heard of the robbery, strongly suspected that the carpenter had used the boat for some improper purpose, and he was strengthened in this view by finding two silver spoons under one of the thwarts. This discovery angered him, for he felt he had been deceived, and putting the spoons in his pocket, he went at once to the carpenter for an explanation. The carpenter, with whom were his housekeeper and apprentice, seemed greatly embarrassed when the spoons were produced, and after having been pressed by the merchant, they confessed that they had been up to no good, but would not say where or how they had obtained these spoons. The merchant was now called away from home, and the affair was driven from his mind by more serious transactions. Now that he heard of the robbery, he remembered the suspicious conduct of the carpenter and his servants.

Evidence of this sort, coming from a witness of the highest character, carried so much weight that the judge ordered the carpenter and his companions to be arrested. At the same time, search was made in the house, which resulted in the discovery of the whole of the stolen effects. The culprits, finding it useless to deny their guilt, now made full confession. The three of them were implicated, but it was not settled who had originated the idea. The apprentice, having worked in Madame Andrecht’s house for another master, knew his way about it, and had guided the thieves after they had effected their entrance. The boat had been borrowed, in the way described, to simplify the removal of the plunder. All three of the culprits were with the crowd assembled outside the house when the robbery had been discovered. They heard of the suspicions against the Blue Dragoon, and the apprentice at once visited the alehouse, and succeeded in secreting the memorandum-book in the drawer of the press, where it was discovered.

The foregoing evidence was sufficient to convict the carpenter and his two accomplices, but justice was not yet satisfied of Nicholas D——’s innocence. Two damaging facts still told against him: the half-charred excise bill and the handkerchief bearing his initials. It was possible that he had been an accomplice, although the carpenter and the others would not accuse him. That other people were also concerned seemed evident from the fact of the forged letter, whose authorship was still undiscovered.

Further facts of a strange and interesting kind were presently forthcoming about this letter. The schoolmaster of a neighbouring village came with a scrap of paper on which was inscribed the name Joseph Christian Ruhler, the name with which the forged letter had been signed. At the schoolmaster’s request the writing of this paper was compared with that of the letter, and they were found to be identical. Then the schoolmaster went on to say that both had been written by a pupil of his, a deaf and dumb boy whom he had taught to write, and who made a scanty living as an amanuensis. Some time before this, an unknown man had called on the boy, had taken him to an inn in the village, and there given him a letter to copy. The boy, on reading the letter—which, as we have seen, was of a very compromising nature—demurred. But he was pacified by the present of a gulden, and made the copy. Still, the secrecy and peculiarity of the whole affair weighed on his mind, and he at length confided the story to his teacher. The alleged letter from the corporal had already got into circulation in the neighbourhood, and was clearly the one the boy had copied. The schoolmaster went to the inn, made inquiries about the strange man, and eventually found him to be a baker, H——, the very man who had been so determined to enter Madame Andrecht’s house when the robbery was first announced. So far he had been utterly unconnected in any way with the crime, though his excessive zeal had attracted attention at the time. However, he was arrested; and from the disclosures he made a warrant was also issued for the apprehension of the wool-spinner, Leendert van N——, and his wife, who had been the first to air their suspicions of the innkeeper’s complicity.

As the investigation proceeded, a curious tale was unfolded. The last persons arrested had no share in the housebreaking, but were concerned in another crime, which probably would never have been discovered but for the robbery. The substance of their confessions was as follows:—

Leendert van N——, H—— the baker, and Corporal Ruhler were old acquaintances, and had dealings together of not too reputable a kind in connection with the victualling and clothing of the garrison. They cordially hated and despised each other, and only kept together from community of interests and pursuits.

The associates were playing cards one evening (June 29th) in Leendert’s house, situated in the vicinity of Madame Andrecht’s, when they quarrelled with the corporal, and the corporal retorted in offensive terms. From words they came to blows, in which Madame van N—— assisted. In a few minutes the corporal lay pinioned on the ground, uttering loud curses and threatening them with public exposure. The baker whispered that they had better do the job thoroughly, and after a few blows the corpse, drenched in blood, lay at their feet.

The terrors of conscience and the apprehensions of their crime paralysed their thoughts during the night. The next morning they heard the commotion caused by the news of the discovery of the robbery at Madame Andrecht’s. At once they realised their danger, and the probability of a house-to-house search being instituted, when their horrible crime would be discovered. Their great object, then, was to give the authorities something to occupy their time till the body could be disposed of. It was Madame van N—— who perfected the idea. Why should not suspicion be laid at the door of the Blue Dragoon? His nocturnal courtship was remembered, and corroborative evidence could be supplied by a handkerchief that he had dropped in the house some little time before. The baker then remembered the old excise receipt that Nicholas D—— had once handed him to make a note on. Part of it was charred away, and the remaining portion was carelessly dropped in the house when the baker accompanied the police in their search. It may be remembered that the van N——’s were most busy in the hints they gave of the innkeeper’s supposed guilt, and their machinations were unconsciously assisted by those of the carpenter and his confederates. So the false evidence brought by these two independent plots formed very circumstantial proof against the innocent victim. However, the baker and the wool-spinner only wanted to excite suspicion against Nicholas till they could accomplish their object of hiding the body. That effected, they began to feel remorse that an innocent person should be ruined. The thought of the torture which awaited him struck them with horror, and they evolved the idea of a letter from

Ruhler, incriminating himself. Thus they hoped to obtain delay for Nicholas and safety for themselves. However, their plans were too well thought out; their fear of detection led them to employ the strange deaf and dumb boy to write their letter, which afterwards betrayed them.

Sentence of death was pronounced against the persons who had been concerned in the housebreaking as well as against those who had committed the murder, and it was carried into effect on all of them with the exception of Madame van N——, who died in prison. The wool-spinner alone exhibited any sign of penitence.

CHAPTER II.
CASES OF DISPUTED OR MISTAKEN IDENTITY.

Lesurques and the Robbery of the Lyons Mail—The Champignelles Mystery—Judge Garrow’s Story—An Imposition Practised at York Assizes—A Husband Claimed by Two Wives—A Milwaukee Mystery—A Scottish Case—The Kingswood Rectory Murder—The Cannon Street Case—A Narrow Escape.

LESURQUES.

THE most famous, and perhaps the most hackneyed, of all cases of mistaken identity is that of Lesurques, charged with the robbery and murder of the courier of the Lyons mail, which has been so vividly brought home to us through the dramatic play based upon it and the marvellous impersonation of the dual rôle, Lesurques-Duboscq, by Sir Henry Irving.

Lesurques was positively identified as a man who had travelled by the mail coach, and he was in due course convicted. Yet at the eleventh hour a woman came into court and declared his innocence, swearing that the witnesses had mistaken him for another, Duboscq, whom he greatly resembled. She was the confidante of one of the gang who had planned and carried out the robbery. But her testimony, although corroborated by other confederates, was rejected, and Lesurques received sentence of death. Yet there were grave doubts, and the matter was brought before the Revolutionary Legislature by the Directory, who called for a reprieve. But the Five Hundred refused, on the extraordinary ground that to annul a sentence which had been legally pronounced “would subvert all ideas of justice and equality before the law.”

Lesurques died protesting his innocence to the last. “Truth has not been heard,” he wrote a friend; “I shall die the victim of a mistake.” He also published a letter in the papers addressed to Duboscq: “Man in whose place I am to die,” he wrote, “be satisfied with the sacrifice of my life. If you are ever brought to justice, think of my three children, covered with shame, and of their mother’s despair, and do not prolong the misfortunes of so fatal a resemblance.” On the scaffold he said, “I pardon my judges and the witnesses whose mistake has murdered me. I die protesting my innocence.”

Four years elapsed before Duboscq was captured. In the interval others of the gang had passed through the hands of the police, but the prime mover was only now taken. Even then he twice escaped from prison. When finally he was put on his trial, and the judge ordered a fair wig, such as Lesurques had worn, to be placed on his head, the strange likeness was immediately apparent. He denied his guilt, but was convicted and guillotined. Thus two men suffered for one offence.

French justice was very tardy in atoning for this grave error. The rehabilitation of Lesurques’ family was not decreed till after repeated applications under several régimes—the Directory, the Consulate, the Empire, and the Restoration. In the reign of Louis XVIII. the sequestrated property was restored, but there was no revision of the sentence, although the case was again and again revived.

THE CHAMPIGNELLES MYSTERY.

One day in October, 1791, a lady dressed in mourning appeared at the gates of the Château of Champignelles, and was refused admission. “I am the Marquise de Douhault, née de Champignelles, the daughter of your old master. Surely you know me?” she said, lifting her veil. “The Marquise de Douhault has been dead these three years,” replied the concierge; “you cannot enter here. I have strict orders from the Sieur de Champignelles.”

This same lady was seen next day at the village church, praying at the tomb of the late M. de Champignelles, and many remarked her extraordinary resemblance to the deceased Marquise. But the marquise was dead; her funeral service had been performed in this very church. Some of the bystanders asked the lady’s maid-servant who she was, and were told that they ought to know. Others went up to the lady herself, who said, “I am truly the Marquise de Douhault, but my brother will not acknowledge me or admit me to the château.”

Then followed formal recognition. People were summoned by sound of drum to speak to her identity, and did so “to the number of ninety-six, many of them officials, soldiers, and members of the municipality.” The lady gave many satisfactory proofs, too, speaking of things that “only a daughter of the house could know.” Thus encouraged, she proceeded to serve the legal notice on her brother and claim her rights—her share of the property of Champignelles as co-heir, and a sum in cash for back rents during her absence when supposed to be dead.

Where had she been all this time? Who had died, if not she? Her story, although clear, precise, and supported by evidence, was most extraordinary. To understand it we must go back and trace her history and that of the Champignelles family as given in the memoir prepared by the claimant for the courts.

Adelaide Marie had been married at twenty-three to the Marquis de Douhault, who coveted her dowry, and did not prove a good husband. He was subject to epileptic fits, eventually went out of his mind, and, after wounding his wife with a sword, was shut up in Charenton. The wife led an exemplary life till his death, which was soon followed by that of her father. Her brother now became the head of the family, and is said to have been a frank blackguard, the real cause of his father’s death. He proceeded to swindle his mother, who was entitled by settlement to a life interest in the Champignelles estates, subject to pensions to her children, and he persuaded her to reverse that arrangement—she to surrender her property, he to pay her an annual allowance. He had gained his sister’s concurrence by obtaining her signature to a blank document, which he filled up as he wished.

The son, of course, did not pay the allowances, and very often the mother was in sad straits, reduced at times to pawn her jewels for food. She appealed now to her daughter, who naturally sided with her, and wrote in indignant terms to her brother. There was an angry quarrel, with the threat of a lawsuit if he did not mend his ways. For the purpose of conferring with her mother, whom she meant to join in the suit, the Marquise de Douhault proposed to start for Paris.