Grave Matters

In 1554 Sir James Hales drowned himself. The coroner returned a verdict of felo de se, meaning that Sir James was guilty of the felony of self-murder. His estate was forfeited to the crown, which planned to award it to one Cyriac Petit. Sir James’ widow, Margaret, contested this. So the case turned on the question whether the grounds for forfeiture had occurred during Sir James’ lifetime: Had his suicide occurred during his life, or after his death?

Margaret Hales’ counsel argued that one can’t be guilty of suicide while one is still living, practically by definition, so self-murder shouldn’t be classed as a felony: “He cannot be felo de se till the death is fully consummate, and the death precedes the felony and the forfeiture.”

But Petit’s counsel argued that part of the act of suicide lies in planning to do it, which certainly occurs during life: “The act consists of three parts: the first is the imagination, which is a reflection or meditation of the mind, whether or not it is convenient for him to destroy himself, and what way it can be done; the second is the resolution, which is a determination of the mind to destroy himself; the third is the perfection, which is the execution of what the mind had resolved to do. And of all the parts, the doing of the act is the greatest in the judgment of our law, and it is in effect the whole.”

The court ruled for Petit, finding that Sir James had killed himself during his lifetime: “The forfeiture shall have relation to the time the original offence began which caused the death, and that was the throwing himself into the water, which was done in his lifetime and this act was felony. That which caused the death may be said to be feloniously done. The felony is attributed to the act, which act is always done by a living man; for, Brown said, Sir James Hales was dead, and how came he by his death? It may be answered by drowning; and who drowned him? Sir James Hales; and when did he this? It can be answered, in his lifetime. So that Sir James Hales being alive caused Sir James Hales to be dead, and the act of the living man caused the death of the dead man.”

The case is remembered, and not charitably, in the churchyard scene in Hamlet:

First Clown: Give me leave. Here lies the water; good: here stands the man; good; if the man go to this water, and drown himself, it is, will he, nill he, he goes,–mark you that; but if the water come to him and drown him, he drowns not himself: argal, he that is not guilty of his own death shortens not his own life.

Second Clown: But is this law?

First Clown: Ay, marry, is’t; crowner’s quest law.

In a Word

laquearian
adj. armed with a noose

funipendulous
adj. hanging from a rope

patibulary
adj. pertaining to the gallows

On Feb. 23, 1885, convicted murderer John Lee of Devon was brought to the scaffold and positioned on the trapdoor. The noose was fitted around his neck, and executioner James Berry pulled the lever.

Nothing happened.

Two warders tried to force the trapdoor to open under Lee, but they failed. They removed the condemned man and tested the door, and it worked. So they put Lee in position again, and again Berry pulled the lever.

Again nothing happened.

Exasperated, the warders again put Lee aside and set to work on the door, this time with hatchets. When they were satisfied, they returned him to the scaffold, and Berry pulled the lever a third time.

Nothing happened.

So the Home Secretary commuted Lee’s sentence to life imprisonment.

The Sumter County Does

sumter county does

In the early morning of Aug. 9, 1976, the bodies of a young man and woman were found on a secluded dirt road in Sumter County, S.C. Each had been shot in the throat, chest, and back. Both were white and in their mid-20s. They bore no identification, but there were signs that they were wealthy: He wore an expensive Bulova watch and had had specialized dental work, and she wore a jade ring.

“They were clean, neat,” remembered county coroner Verna Moore. “She was beautiful, real pretty girl. He was also.”

Police circulated composite drawings across the country and asked anyone with information to come forward. The case was publicized on numerous national news programs, and police consulted Interpol, immigration authorities, and U.S. Customs investigators. In 30 years, thousands of tips have been offered, but every lead has fallen through. No one has ever explained who the pair were, how they came there, who might have killed them, or why.

“I have not given up on this case,” Moore said in 2001. “The reason I am haunted is, I cannot understand how two young people disappeared from somewhere and that their parents would not be looking for them. … I can’t count the times when somebody hasn’t asked, ‘Have you ever found out who those children are?'”

12/24/2023 UPDATE: In 2021, with the help of DNA evidence, the pair were identified as Pamela Buckley and James Freund. Their murders remain unsolved. (Thanks, Ron.)

Spray Ain’t

http://www.google.com/patents/about?id=AmolAAAAEBAJ

Henry Hunt’s “graffiti prevention apparatus,” patented in 1997, offers a novel way to keep city walls clean: Paint manufacturers would mix magnetic material into their products, and a sensor near each building would sense when a vandal was near.

“When a proximity sensor on, or in the vicinity of, the structure is triggered by an approaching intruder, a magnetic field created along the targeting surface acts to repel the spray of marking media directed at it.”

Alternatively, the sensor would direct a signal to the spray-paint can, turning the nozzle away from the wall or shutting off the flow of paint. But I guess the spray-paint manufacturers would all have to participate … and vandals may be their biggest market.

Twice Mistaken

http://commons.wikimedia.org/wiki/File:AdolfBeckMugshot.jpg

In December 1895, Norwegian mining engineer Adolph Beck stepped out of his London flat and was accosted by a woman who accused him of tricking her out of some jewelry. Beck protested his innocence — he had been in Buenos Aires at the time — but the police accused him of an unsolved series of such swindles, and he was sentenced to seven years of penal servitude.

He was paroled in July 1901 and essentially the same thing happened again — a woman accused him of stealing her jewelry, he was arrested, and a jury found him guilty. He was saved only because another man was arrested for the same crime while Beck was awaiting sentencing. Wilhelm Meyer, it turned out, was the real swindler; Beck had been convicted twice for crimes he hadn’t committed.

They set him free and gave him £5,000, but he died a bitter man in 1909.

Double Indemnity

This past February, brothers named Elwin and Yohan were arrested for six rapes in France, but both denied the charges. Deciding which is guilty is a tricky affair — they’re identical twins, so the genetic difference between them is very slight. Marseille police chief Emmanual Kiehl said, “It could take thousands of separate tests before we know which one of them may be guilty.”

This is only the latest in a series of legal conundrums involving identical twins and DNA evidence. During a jewel heist in Germany in January 2009, thieves left behind a drop of sweat on a latex glove. A crime database showed two hits — identical twins Hassan and Abbas O. (under German law their last name was withheld). Both brothers had criminal records for theft and fraud, but both were released. The court ruled, “From the evidence we have, we can deduce that at least one of the brothers took part in the crime, but it has not been possible to determine which one.”

Later that year, identical twins Sathis Raj and Sabarish Raj escaped hanging in Malaysia when a judge ruled it was impossible to determine which was guilty of drug smuggling. “Although one of them must be called to enter a defence, I can’t be calling the wrong twin to enter his defence,” the judge told the court. “I also can’t be sending the wrong person to the gallows.”

In 2003, a Missouri woman had sex with identical twins Raymon and Richard Miller within hours of one another. When she became pregnant, both men denied fathering the child. In Missouri a man can be named a legal father only if a paternity test shows a 98 percent or higher probability of a DNA match, but the Miller twins both showed a probability of more than 99.9 percent.

“With identical twins, even if you sequenced their whole genome you wouldn’t find difference,” forensic scientist Bob Gaensslen told ABC News at the time. More recent research shows that this isn’t the case, but teasing out the difference can be expensive — in the Marseilles case, police were told that such a test would cost £850,000.

It goes on. Last month British authorities were trying to decide how to prosecute a rape when DNA evidence identified both Mohammed and Aftab Asghar. “It is an unusual case,” said prosecutor Sandra Beck. “They are identical twins. The allegation is one of rape. There is further work due.”

A Parting Kiss

http://commons.wikimedia.org/wiki/File:B%C3%A9la_Kiss.jpg

In December 1912 Hungarian tinsmith Béla Kiss told his neighbors that his wife had run off with another man. At the same time he began collecting large metal drums, telling the town constable that he planned to stockpile gasoline against the approaching war in Europe.

In November 1914 Kiss was drafted and left for the front, and in 1916 he was declared dead in combat. When soldiers visited the town that June in search of gasoline, the constable directed them to the dead man’s drums. On opening these they found that each contained not gasoline but the body of a nude woman, strangled and pickled in alcohol. A search of the house showed that Kiss had been luring women using newspaper advertisements in the name of Hoffmann, a “lonely widower seeking female companionship.”

In the surrounding countryside authorities found 17 more drums, each containing a corpse. Among them were Kiss’ wife and her lover.

It got worse. In 1919 Kiss was spotted near the Margaret Bridge in Budapest, and police discovered that the Béla Kiss who had been reported dead was in fact another man. In 1924 a deserter from the French Foreign Legion told of a legionnaire named Hoffmann who matched Kiss’ description and boasted of his skill with a garotte. But this Hoffmann himself deserted before police could apprehend him.

In 1932 New York detective Henry “Camera Eye” Oswald, who was renowned for remembering faces, insisted that he had seen Kiss emerge from the subway in Times Square, but crowds had prevented him from reaching him. Kiss was never apprehended, and his final fate is unknown.

False Confessions

http://commons.wikimedia.org/wiki/File:Great_Fire_London.jpg

After the Great Fire of London, a French watchmaker named Robert Hubert confessed to having started the blaze in Westminster. When he learned that the fire had never reached Westminster, he claimed to have thrown a fire grenade into a bakery window in Pudding Lane. It turned out that the bakery had no windows, Hubert was too crippled to have thrown a grenade anyway, and in fact he hadn’t even arrived in London until two days after the fire had started. He was convicted and hanged anyway.

Related: In 1797, the crew of the frigate Hermione mutinied and killed the cruel captain Hugh Pigot. An Admiralty official later reported, “In my own experience I have known, on separate occasions, more than six sailors who voluntarily confessed to having struck the first blow at Captain Pigot. These men detailed all the horrid circumstances of the mutiny with extreme minuteness and perfect accuracy; nevertheless, not one of them had ever been in the ship, nor had so much as seen Captain Pigot in their lives. They had obtained, by tradition, from their messmates the particulars of the story. When long on a foreign station, hungering and thirsting for home, their minds became enfeebled; at length they actually believed themselves guilty of the crime over which they had so long brooded, and submitted, with a gloomy pleasure to being sent to England in irons for judgment. At the Admiralty we were always able to detect and establish their innocence, in defiance of their own solemn asseverations.”

From Southwood Smith, “Lectures on Forensic Medicine,” in the London Medical Gazette, Jan. 20, 1838. See also The Campden Wonder.

Planning Ahead

Excerpts from the diary of 16-year-old Pauline Parker of Christchurch, New Zealand, 1954:

February 13th: Why could not mother die? Dozens of people, thousands of people are dying every day. So why not mother, and father too? Life is hard.
April 25th: Deborah [her 15-year-old friend Juliet Hulme] and I are sticking to one thing. We sink or swim together.
April 28th: Anger against mother boiled up inside me. It is she who is one of the main obstacles in my path. Suddenly a means of ridding myself of the obstacle occurred to me. If she were to die …
April 29th: I did not tell Deborah of my plans for removing mother. The last fate I wish to meet is one in a Borstal. I am trying to think of some way. I want it to appear either a natural or an accidental death.
June 6: We are both stark, staring mad.
June 19th: We practically finished our books today and our main “ike” for the day was to moider mother. This notion is not a new one, but this time it is a definite plan which we intend to carry out. We have worked it out carefully and are both thrilled by the idea. Naturally we feel a trifle nervous, but the pleasure of anticipation is great.
June 20th: We discussed our plans for moidering mother and made them a little clearer. Peculiarly enough, I have no qualms of conscience (or is it peculiar we are so mad?).
June 21st: I rose early and helped mother vigorously this morning. Deborah rang and we decided to use a brick in a stocking rather than a sand-bag. We discussed the moider fully. I feel keyed up as if I was planning a surprise party. Mother has fallen in with everything beautifully and the happy event is to take place tomorrow afternoon. So next time I write in the diary mother will be dead. How odd, yet how pleasing.

On the afternoon of June 22, Parker and Hulme ran into a Christchurch tea shop, crying that Parker’s mother had tripped on a plank and hit her head on a brick. “Mummy’s been hurt terribly,” Parker said. “I think she’s dead.” Police found the body of 45-year-old Honora Mary Parker on a secluded path in nearby Victoria Park. An autopsy found “forty-five discernible injuries, twenty-four being lacerated wounds on the face and head.” Parker quickly confessed under questioning:

Q: Who assaulted your mother?
A: I did.
Q: Why?
A: If you don’t mind I won’t answer that question.
Q: When did you make up your mind to kill your mother?
A: A few days ago …
Q: What did your mother say when you struck her?
A: I would rather not answer that.
Q: How often did you hit her?
A: I don’t know, but a great many times I imagine.

It transpired that Hulme’s father had planned to take Juliet to South Africa, and both girls knew that Mrs. Parker would refuse to let Pauline go with her. “These girls are not incurably insane,” the prosecutor told the jury. “They are incurably bad.” They were sentenced to five years in separate prisons.

The Easy Way

Ludwig Schlekat bought a bank with its own money. Over the course of 17 years, starting in 1936, he embezzled $600,000 from the Parnassus National Bank of New Kensington, Pa. Then he invented two fictional investors and arranged for them to buy the bank and make him president.

In his new position he earned $800 a month, four times the salary he’d been getting as a teller. He bought a $19,500 home, $13,000 in furnishings, and a $1,000 diamond for his wife. When regulators pounced on these he resisted, saying they’d been bought with earned rather than stolen money. He went to jail for 10 years.