Abigail Rieley

Writer and Author

Category: History (page 1 of 3)

The politics of juries – a strange beast indeed.

 

The selection of the jury in the case of Rex v O’Cioghly Armagh, 1798 Image from Findmypast.co.uk © Crown Copyright Images reproduced by courtesy of The National Archives, London, England

Over the years I’ve sat through a lot of jury panels. I remember Monday mornings in the Central Criminal Courts in Dublin when Mr Justice Paul Carney would oversee the selection of the juries for the trials that were due to start. Court 4 would be jammed and stifling hot, whatever the season, as jury panellists, various accuseds, victims’ families, barristers, solicitors, gardai and journalists all jostled for elbow room in the body of the court. Carney would often arrive late and was brusque with the excuses of panellists who were reluctant to do their civic duty. The selection process takes time, each person called has a chance to excuse themselves and both prosecution and defence teams have the right to reject anyone they don’t feel will be sympathetic. In a modern trial, they don’t say that reason out loud so you have no way of knowing if you’re on that jury panel if you have been rejected because your hair was too long, too short or some unconscious expression observed by the barristers has convinced them that you will behave in a certain way.

Panellists are also asked if they have any connection to the trial that they could be selected for. If they live near the place where the crime took place, know the accused or the victim or their families, have strong views about the case in any way. Of course, there’s no guarantee that a jury member will always confess a bias but the extraordinary thing about juries is that, whatever their makeup, once they are twelve, and once they have retired to their room, they tend to take things very seriously indeed. Paul Carney’s jury panel sessions were a tradition in themselves. Each week he would issue the same warnings, threaten the same threats of the consequence of not being straight. He would be sympathetic to students with upcoming exams but less so with executives or those in the financial services who would not do their duty. There was a formula to the process and perhaps this was what shapes the juries into the entities they become.

I’ve written a lot about the trial of William Bourke Kirwan, an artist who killed his wife Maria on Ireland’s Eye off the coast of Dublin in 1852. You can read about the case in more detail in posts here, here and here. In that case, the jury actually felt the need to defend their position in a letter to the press. Even though I’ve seen some pretty odd and occasionally downright mad decisions by juries over the years, I’ve never seen a case where they would feel the need to justify their decision. The only exception would perhaps be the Eamonn Lillis case, subject of my second book, Death on the Hill, where the jury explained exactly how they had come to their decision of manslaughter and, possibly because they felt there might be speculation, were absolutely specific that they had decided Lillis was guilty of manslaughter because the prosecution had not proved the case for murder.

Juries interest me, and I’ve often wished I could sit on one simply to see things from the other side, so there’s one record set among the UK National Archives crime records that fascinates me. It’s a little bit outside my period – I usually research Irish courts between 1830 and 1860 or so – but it’s one I keep going back to. It’s a ledger hidden in the rather prosaically named HO130 collection, basically the 130th box of the Home Office records. The fact that it exists I still find amazing. It’s a little piece of colonial history and an insight of how things are done after a rebellion. In these dark times we are living in, perhaps it’s an insight that’s useful to have…

The jury selection was for the trial of United Irishman Father John James O’Cioghly of Loughgall, in County Antrim. Father O’Cioghly and others were on trial for their part in the rebellion of 1798. The jury panel was made up of landed gentry. There were no reluctant students or bankers in this lot. What’s so extraordinary about this record is that it is a record of the silent discussions I watched every Monday in Court 4 in front of Judge Carney, the decisions by prosecution, defence and the magistrate himself on each individual juror. This seems to be a document that was never meant for outside viewing. Justifications for people’s suitability or not are blunt and sometimes brutal.

Take number 22, Sir Richard Glode, for example. The notes comment that Sir Richard should be enquired about. He was strongly anti-aristocratic and this was possibly because he was “exceedingly low born” even if he didn’t show it.

Entry for Sir Richard Glode one of the prospective jurors in Rex v O'Cuighly

Image from Findmypast.co.uk © Crown Copyright Images reproduced by courtesy of The National Archives, London, England

John Farnaby was not to be trusted. One of the comments notes that he had recently taken his wife’s maiden name of Lennard (sic) – almost certainly the Irish surname Leonard. He was definitely for the cause of a united Ireland.

John Farnaby had recently taken the name of his Irish wife

Image from Findmypast.co.uk © Crown Copyright Images reproduced by courtesy of The National Archives, London, England

Farnaby might have been tainted by marriage but George Russell had no such excuse. He was “one of the worst of the panel” according to the notes, having actually given £500 of his own money to the United Ireland cause.

George Russell who gave £500 to the cause

Image from Findmypast.co.uk © Crown Copyright Images reproduced by courtesy of The National Archives, London, England

Luckily for the Crown, eager to make sure O’Cioghly and his compatriots served as a warning, there were also men like Robert Jenner who, the notes reassure, “if eleven would acquit, he would convict.”

Robert Jenner would always convict

Image from Findmypast.co.uk © Crown Copyright Images reproduced by courtesy of The National Archives, London, England

The jury selection for the case of Rex v O’Cioghly is a rare insight into how a jury is selected, or in this instance possibly stacked. I’m always amazed that such things survive but the historian in me is delighted they do. The journalist in me is equally delighted as this is an insight, however much removed, of a part of the story I could never observe. I’ve been unable to find a trial report for the O’Coighly trial as this was a time when Irish journalism was in its infancy and most newspapers did not yet cover Irish news. Either the jury was well stacked or the Crown’s case was watertight though as Father O’Cioghly was executed on June 7, 1798.

It’s in the trees…it’s coming…

Nightofthedemonposter

I thought it was time for another look at real cases that have their echoes in classic films. Last time I wrote about lost Lon Chaney film London After Midnight  and it’s connection to the rather tragic case of Julia Mangan, killed by the obviously disturbed Robert Williams. This time we’re sticking with a horror film but the story has more than a whiff of the supernatural – the link might be quite rather tenuous but I’m going with it. It’s a great film and the cases that echo through the story are fascinating ones.

Night of the Demon  was Jacques Tourneur’s version of the classic M.R. James short story Casting the Runes. Released in 1957 it tells the story of the sceptical psychologist played by Dana Andrews who comes up against the charismatically devilish Niall MacGinnis. It’s a tremendously creepy film that has all of James’ hallmarks – intellectual arrogance coming a cropper against older, darker forces – but for the contemporary audience it was a story that carried a particularly plausible shiver thanks to a couple of strange war time murders. Even though there’s no direct link, there’s a very good chance that screenwriters Charles Bennett and Hal. E. Chester were influenced by what they read about these cases when they were updating James’s earlier story.

In 1943 four small boys were poaching in Hagley Woods near the village of Stourbridge in Worcestershire. They came across a large Wych Elm near Wychbury Hill and it was there they made a shocking discovery. Looking for birds nests they climbed the trunk and peered into the hollow. Below them was a human skull still with traces of hair attached.

Local papers appealed for information about the identity of the deceased – a woman believed to be aged between 35 and 40.

Gloucestershire Echo 24 April 1943

Gloucestershire Echo, 24 April 1943

No one came forward to claim her. But someone didn’t want her to be forgotten. As the first anniversary of the discovery approached, the Sunday Mirror took up the story.

Sunday_Mirror_02041944

Sunday Mirror, April 2 1944

The piece explained that shortly before Christmas the previous year the words “Who put Luebella down the wych elm?” were written in chalk on the wall of a house on Hayden Hill Road, Old Hill. The following week the words appeared again on the wall of an empty premises in Upper Dean Street, Birmingham. A few days later, the mysterious writer was obviously getting frustrated that no one was answering them so the words “Hagley Wood Bella” appeared several times near by. Bella has never been formally identified. One theory said she was part of a war time spy ring. The file remains open.

The following year a gruesome murder in nearby Warwickshire dredged up old suspicions and paranoia. On Valentines’ Day, 74-year-old hedge cutter Charles Walton was slashed to death near the village of Lower Quinton with a pitchfork and a slash hook. Initial reports such as this one from the Gloucestershire Citizen the following day made no mention of any supernatural link but that would soon change.

Gloucester_Citizen_15_February_1945

Gloucester Citizen, February 15, 1945

However the case soon became synonymous with witchcraft, largely thanks to the later accounts of the famous Chief Inspector Robert Fabian, who arrived from Scotland Yard to investigate. In his 1950 memoir, Fabian of the Yard, he would write.

“One of my most memorable murder cases was at the village of Lower Quinton, near the stone Druid circle of the Whispering Knights. There a man had been killed in a reproduction of a Druidical ceremony on St Valentines’ Eve”

Fabian suggested that the case had marked similarities with a murder that had happened nearby a generation ago, a murder where witchcraft actually had been a very real part of the story. It’s rather unlikely that the Walton case had anything to do with the occult even if it did make one hell of a good story. The earlier case on the other hand really did seem to arise from good old fashioned superstitious paranoia.

In December 1875, the the trial of James Haywood at the Warwickshire Assizes was covered by the Warwickshire Journal. All the witnesses described Haywood’s preoccupation with witches, leading to a brutal attack on elderly Ann Tennant, who he had attacked with a pitchfork and killed in the village of Long Compton.

Haywood had apparently said that there were 15 or 16 witches in the village and that they were making it impossible for him to work. He said that he would kill them one by one. When the victim’s daughter took the stand, he got agitated in court.

Worcestershire_Journal_18_December_1875_1

Worcestershire Journal, 18 December 1875

According to the superintendent of the county lunatic asylum Haywood was insane.

Worcestershire_Journal_18_December_1875_2

Haywood was found not guilty by reason of insanity and would spend the rest of his life in the asylum. However it is worth noting the words of an earlier witness, local farmer James Taylor…

Worcestershire_Journal_18_December_1875_3

It’s impossible to know how much influence these cases had on the writers of Night of the Demon but it is very reasonable to assume that they were were in the mix somewhere. Fabian’s memoires were adapted by the BBC in the 50s and  the Lower Quinton case in particular was a notorious one. The film is a quintessentially English horror firmly rooted in a world where belief in witchcraft had never fully died out. In fact, in the 50s it was rather a fashionable subject. The founder of modern witchcraft, Gerald Gardiner, had published his book Witchcraft Today in 1954 and Hammer Films were helping horror films back into the spotlight after the war. These three cases undoubtedly formed part of the national psyche and have not lost their resonance today.

All newspapers available on Findmypast.co.uk

An Exciting Couple of Days

GreyfriarsBobby

The Edinburgh statue of Greyfriars Bobby, the dog who stayed by his owner’s grave for years, His nose has been rubbed bright by luck seeking tourists.

There have been a lot of changes in the past year. One of the biggest is that I’m finally starting to put my money where my mouth is when it comes to the academic side of things. When I started working on the Kirwan case five years ago I was looking for the subject for the next book. I stumbled across the case doing a broad sweep of the National Library catalogue and knew instantly that there was something there. If William Kirwan came up in the courts list while I was on the beat there would be no question it’d be a case to follow. It’s got everything – middle class killer, attractive victim, sexual impropriety. I don’t think there was ever a period in history when that wouldn’t have made headlines.

So I told my agent that I’d found the next subject and started digging.

The one thing I could never have guessed is how much that case would take over my life. I usually get rather buried in my research but this was something else. Where ever I dug I kept discovering more. If I’d been in a certain type of film we would have been stumbling into a new hidden cavern filled with priceless golden artifacts every couple of days. Pretty soon it became clear that the research was too large for one book. There are so many angles to approach it from, so many side branches and interesting avenues to go down as my cast expanded and my timeline grew. This was no longer a single case to study – this was a field. Kirwan wasn’t an end in himself but a door into something so much bigger. I’m still finding stuff and I don’t intend to stop looking, it’s odd to look back these days and see that this whole change of direction came from one rather thin case (when you actually look at the evidence).

It became clear fairly early on that this research was more than just the book. The book will still get written (although it’s evolved rather from that early agent conversation) but things have grown quite a bit. I’m now hoping to start a PhD next year (more of that another time) and I’m working on proving myself academically. So that’s how I met little Greyfriar’s Bobby (in the picture) earlier this week. I was over at Edinburgh University delivering a paper on 19th century newspaper coverage of the Dublin Insolvency courts (and yes, Kirwan did get a mention). It was a fabulous conference. So much fun to get to meet so many people equally nerdy about 19th century newspapers and to so many expert views on a huge range of subjects. I learned that the paper I’ve often turned to for illustrative purposes, the Illustrated Police News, degenerated into a Victorian lads mag by the end, or that Harriet Martineau wrote extensively on the Irish Famine, or that Dicken’s speeches were his form of profile management. Here’s the programme of the full range of talks, with links to all the abstracts if you want to know more about each subject. Also here’s the Storify put together by organiser Dr David Finkelstein, to give a flavour of the couple of days.

I’m planning on putting my paper up on Academia.edu, or even looking into getting it published elsewhere but I’ll keep you posted. The Edinburgh trip was eye opening. Academic presenting is very different from anything I’ve done to date. It’s a specific skill that I want to grow but the experience – stimulating, intense and exhausting – was definitely one I want to get used to.

Familiar territory

Recently in work I’ve been buried in 19th Century crime records. As has been obvious for the past while I’m now working with Findmypast, the online genealogy company. Since I started to research Kirwan I’ve spent so much time with historical records that working with them full-time seemed the logical progression.  I’m now their crime history expert and the past couple of months have been insanely busy as we were preparing for the launch of a major collection of court and crime related papers from The National Archives in London. I’ve recorded a couple of webinars showcasing the new records which you can find on the company’s YouTube channel is you’re interested.

As I posted a few weeks ago I was particularly excited to find Kirwan’s handwritten appeal among the records but I find the whole collection absolutely fascinating. After writing two works of true crime I know how tricky it can be to get hold of the actual paperwork. Unlike America, where you can request any document lodged in a public court, in Ireland getting hold of court documents is next to impossible. In fact when I was working on Devil the only garda statements I could lay my hands on where the ones that had formed part of the American case and so had been used as evidence in an American court. It used to be possible to get hold of the book of evidence if you had built up a good relationship with the gardai who had worked on the case or the barristers but these days it’s impossible. I’m used to hearing the exasperation and frustration from foreign journalists who want to research the case when they discover how little information is available here.

You can find out quite a bit from the judgements in appeals of cases which you can find on the Courts Service website but it’s not the same as the book of evidence. There’s also next to no chance of talking to prisoners here. I did get the chance to visit Essam Eid while he was in gaol in Dublin but that was a specific case. It’s rare otherwise.

That’s what I find so fascinating with the court records that you can find from the 19th century. With my Victorian subjects I can read their prison records, appeals and trial transcript. I might even find photographs. The amount of information I can get about a crime that was committed more than one hundred and sixty years ago is vast compared to what would be obtainable for a modern Irish case. I know how difficult it is because I’ve done it and because I still get regular contacts from reporters and researchers who are still doing it.  It’s thankless work, especially if you’re not able to get to the court for the trial itself.

I sat in the same room as the subjects of my books and was able to watch them and listen to all the evidence. I know as much about those cases as it’s possible to know for a writer. But I know more about Kirwan, who died a century before I was born. I know how tall he was, what colour eyes he had, how he spoke, how he signed his name. I know thirty years of his life and the lives of those around him. That’s one of the reasons why I love historical research so much. I know that if I dig hard enough, search thoroughly enough, I will find out more than I could find out sitting in the same room as someone.

When I was researching Devil, seven years ago exactly, I was excited by how much I could find out online. But the possibilities from the digitisation of historical material are awe inspiring. Most of the research I’ve done on Kirwan has been the good old fashioned legwork type. I’ve been in so many different libraries, my pencil case is bristling with readers’ tickets. But so many of the really exciting discoveries I’ve made have been through digitised material. I’m excited to see where things go from here. So many stories, so many connections, so many lives waiting to be discovered. I want to be on the front line of that. How could I not?

A Swiftpost Answer to Procrastination?

expedit2

The grotto to Ste Expedit in the church of St Pierre’s in Bordeaux. Each on of the marble plaques is a prayer answered.

Since the hack, I’ve been been going through this site from the very beginning. I had to reconstruct everything because I ended up taking a fairly nuclear approach with getting rid of the pesky hacker and not everything had been backed up. It’s been fascinating going back over my old posts. So much has happened in the past 7 years.

Then I upgraded to Windows 10 so I’ve been putting my laptop back together as well. Well not literally, obviously, but it always takes a while to get everything back the way I like it after a clean install. Just as I was looking over old posts I ended up looking over old photos and found the one at the start of this article. I started writing this blog on a holiday in Bordeaux, just after I’d delivered the manuscript for Devil. I’d spent a semester there in college and got engaged to the husband while I was there. That return trip was 10 years later. Even though it was supposed to be a romantic occasion I had a book coming out so every day I sat down at the laptop and tried to work out this blogging thing.

Abbi-Bordux1

Me, probably writing the first post on Ste Expedit. Looking very young.

One day, wandering around the city we came across the church of Ste Pierre. I forget why we went in, it was either raining or too hot or possibly we liked the architecture, it doesn’t really matter. Inside the church, the only thing I remember about it now, was a grotto to Ste Expedit.

Ah Ste Expedit. I’d never heard of his before that day but he’s remained one of my favourite saints (although it’s not really a long list). He’s the saint of getting help in a hurry, of hackers, of procrastination (or rather deliverance from). Seriously, what’s not to like when you spend your time trying to earn a living through writing and the Internet? He’s big in New Orleans apparently. According to legend St Expedite was a young Roman legionary who was thinking about converting to Christianity. As happens all too often in these circumstances a crow came to him to try to convince him not to. “Leave it till tomorrow” said the crow – yes it was a talking crow. But young Ste Expedite was having none of it. “Today” he insisted and, bearing in mind this is the saint you turn to if you want to kill procrastination, he did do it today. This is the reason why the very pretty young legionary you see in statues has a speech bubble that says “Hodie” or today and there’s a crow hanging around somewhere who’s saying “cras” or tomorrow. I approve of puns when you’re talking saints and Ste Expedite is all about puns. Starting with the crow who’s “cras” could be tomorrow or “cras, cras” or “caw, caw”.

But the puns don’t stop there. Ste Expedit got his super power of being there in an emergency from a pun. He sounded like that’s what he could do. So he did it. The plaques behind the statue in St Pierre’s church show decades of desperate prayers. “Thank you for saving my little girl” reads one. “Thank you, 1914-1918” reads another. Each one is a moment where time stood still for someone. Where they sent up a desperate prayer for themselves, for someone they loved, and were thankful when they felt it answered. I’m not religious but there was something so poignant about those little plaques. Ste Expedit isn’t one for Lotto wins or massive gestures. He’s there in a frightened moment, when you need him. Hardly surprising that he’s also the patron saint of students at exam time.

You can find websites dedicated to St Expedite, and voodoo potions (the New Orleans connection I’m presuming) but what I like about him is beyond any of that stuff. Because you see Ste Expedit probably didn’t exist. The Armenian centurion who talked to crows doesn’t have a name. Expeditus, is apparently Latin for a soldier marching with no pack so poor old Expedit was a nameless individual identified by his job. A body in a field perhaps, identified only by his breast plate. He’s not one of those saints with a complicated back story, just a conversion and a crow.

But that’s not all. Perhaps he wasn’t even a Roman soldier. Another story makes him the Saint of Swiftpost. A travelling priest was buying up relics and posted them back to the nuns back home in France. He wanted his purchases to get home before he did so he made sure the box was marked “Quickly”…”Expedite”. The nuns, being of a sheltered disposition and obviously not familiar with the finer points of the postal system assumed that the word was a name and that name belonged to the bones. So Ste Expedit was born.

I love the layers of the story of Expedit. From the relative detail of the original legend – the talking crow, the centurion – the story unravels and dissolves in layers. For his believers it doesn’t matter if Ste Expedit spoke to a crow, it doesn’t matter that he might have been an unknown soldier, it doesn’t matter that he might have been more than that, just random bones. For them, Expedit will save you in a tight spot. Those prayers are heartfelt, those plaques would have cost money. In the end does it matter if he existed, the logic seems to go, it works. There’s something in there that’s probably quite profound. It appeals to the writer in me.

I’ve thought about that little church many times over the years. Perhaps I need Ste Expedit myself. I was supposed to be researching a paper rather than writing here. Procrastination – I’m extremely good at it.

Scared out of his wits

Annex - Chaney Sr., Lon (London After Midnight)_02

Lon Chaney as the master detective Edward C. Burke in the film London After Midnight, which allegedly frightened a man to commit murder. Image thanks to Doctor Macro.

It’s been a while since I’ve told the story of a trial. Hardly surprising since that’s not what I do anymore but I haven’t moved very far away from that line of work really. I still spend far too much time immersed in the details of murders and murderers so I’ll continue to share their stories.

When I was growing up Kubrick’s Clockwork Orange was notorious. We all knew it was banned, and unlike the so-called video nasties that were our favourite loans from the video store, it had been withdrawn by it’s  director after being linked to violence.

But 50 years before Clockwork Orange was linked to violence a sad little case came before the courts in London that had a similar link to Hollywood. It went largely unreported by the London papers, unsurprisingly since the case had that familiar ring that even now made it unlikely to generate many column inches. A woman killed by her partner.  I’ve covered so many down through the years and written about them here. But what this case extraordinary was the defence – that the accused man had been so terrified by a film he’d recently seen, London After Midnight starring Lon Chaney, that he had lost his mind, albeit temporarily.

On October 25th 1928 the Exeter and Plymouth Gazette announced the “Hyde Park Tragedy”.

Hyde Park tragedy Exeter and Plymouth Gazette 25101928

The following day the Dundee Evening Telegraph carried a report from the inquest. An unnamed constable described finding the young Irish woman. She was lying huddled, face down with her left hand on her throat. Her glove was saturated with blood.

Patrick Mangan, her brother, told the inquest that his sister had been seeing Williams for three weeks. He had once had to throw him out of her place for being drunk.

Williams was expected to be discharged from hospital in about 10 days time. A picture was beginning to form. The inquest was adjourned until he could be questioned.

In November the case came before the Marlborough Street Police Court. This was the first time details of the case had been heard in public. The Nottingham Evening Post informed it’s readers that 21-year-old Julia had been employed as a worked as a house-maid in a house on Stanhope Gardens in South Kensington.

The police doctor said that considerable violence must have been used to cause the wound in her neck. A policeman who had gone to charge Williams in hospital told the court that before he could caution him Williams had told him “I did it, she had been teasing me.”

A couple of months later the case came for trial in the Old Bailey. The Central Criminal Court after trial calendars show that Williams was charged on two counts. One of murder, the other of suicide.

CRIM9 Robert Williams listed in the After trial calendars

I can’t tell how widely reported the case was. I haven’t been able to find a single reference in the London papers, although this is probably down to the late (for digital archive sources) date, but there was quite a bit of coverage north of Watford, as my mum used to say.

The Hartlepool Mail on December 20th 1928 carried a report from the Central Criminal Court, Williams was being tested to see if he was fit to stand trial. He was indicted on the charge of murder and pleaded not guilty but a key medical witness was not available to back up his insanity defence. Williams took the stand and told the court that he had known Julia Mangan for around a month. He had wanted to kill himself three days before he had killed Julia, on October 23rd. He had put a cut throat razor in his pocket. He had not intended to hurt Julia, they were friends. He had wanted to marry her, although he had told her a false name when they first met.

There had been no quarrel he said. “I felt as though my head were going to burst and that steam was coming out of both sides. All sorts of things came to my mind. I thought a man had me in a corner and was pulling faces at me. He threatened and shouted at me that he had me where he wanted me.” The man, it appears, was Lon Chaney as he had appeared in London After Midnight, a film Williams had seen several months before.

The defence put forward their case. A local chaplain from Williams’ home town of Caernarvon told the court he knew of five separate incidences of insanity in Williams’ family. A London doctor said that while he had treated Williams for neurasthenia and would have considered him “abnormal” he would not have certified him insane.

Dr James Cowan Woods, described as a lecturer on mental diseases, suggested that Williams had been suffering from an epileptic mental attack, “epileptic automatism”, much to the consternation of the judge. “You have said that many people of high intelligence are going about their work, although they are suffering from epilepsy. Are you suggesting that they might commit murder tomorrow?”

But by the time Williams stood trial in January there was still some confusion about whether he suffered from epilepsy at all. No firm diagnosis was given during the trial according to the available reports. The Western Daily Press  was more focused on the Hollywood angle, as it appeared was the trial judge, Mr Justice Humphries, when he was summing up to the jury.

“I do not know whether you have been to see any film in which Mr Lon Chaney acted. One of them, we are told is The Hunchback of Notre Dame, and another London After Midnight. If any of your members of the jury have seen the later, or even the advertisements of what Mr Lon Chaney looks like when he is acting in that film you may agree it is enough to terrify anyone.”

"London After Midnight Poster 1927 MGM" by MGM - ha.com. Licensed under Public Domain via Wikimedia Commons

The film in question, directed by legendary director Tod Browning best known for his later films Dracula (1931) and the infamous Freaks (1934). It is known as the director’s first exploration of the vampire theme and is one of the most famous lost films – the last known copy was destroyed in a fire at MGM studios in 1967. Chaney plays a detective intent on discovering who killed Sir Roger Balfour. It was based on a short story written by Browning, The Hypnotist. Chaney, was already famous for his skills of makeup and one of the selling points of the film was that the audience got to see the master at work as the detective dons various elaborate disguises – including the famous one shown in the poster and the still at the top of this piece – with sharpened teeth and special wire fittings like monocles to give him that special hypnotist stare. The film was rather a flop.

However, during Judge Humphries obviously wasn’t a fan of such popular entertainment and was only going by what had been said in court.

Judge's comments reported in Western Daily Press, January 11 1829

Williams was found guilty and sentenced to death. Judge Humphries instructed that further inquiries were made by the Home Office to try to get to the bottom of that epilepsy diagnosis. I never did find out if he was executed or not.

So the case became part of the legend of a legendary film. Personally, having gone through all the newspaper reports while I was researching this I’d have my doubts about Williams’ story. The story at the heart has too many similarities with cases I’ve covered in the past. There’s Williams’ hospital statement, that he killed her because she made fun of him. Had he proposed and been turned down? Had she broken things off? These would be far more likely scenarios in cases where women are killed by their intimate partner. I’ve also covered cases where the medical evidence was in no doubt, where the accused could not be found guilty by reason of insanity. Those cases are so often marked out by the degree of violence. While the evidence is there that the wound to Julia Mangan’s neck was done with violent force there isn’t the overkill that so often goes with a psychotic break – and I’m not even getting into the whole epileptics as killers undercurrent to the evidence…that seems more like common prejudice than anything that would be born out by modern medicine.

References:

  • Exeter and Plymouth Gazette, 25 October 1928, page 8 of 8
  • Dundee Evening Telegraph, 26 October 1928, page 6 of 12
  • Derby Daily Telegraph, 13 November 1928, page 7 of 12
  • Hartlepool Mail, 20 December 1928, page 10 of 10
  • Western Daily Press, 11 January 1929,page 11 of 12
  • Central Criminal Court: after-trial calendars of prisoners (TNA Ref: CRIM 9)

All sources found on Findmypast

The Trouble with Jack

Detail-of-Jack-the-Ripper-coverage-from-Illustrated-Police-News-1888

Detail of a contemporary illustration from the Illustrated Police News showing the face of Jack the Ripper as described by witnesses, 1888. Copyright British Newspaper Archive.

Jack the Ripper is a phantom, a bogeyman, a shadow in the night.  At the height of the terror the Illustrated Police News printed this picture, a mere artist’s impression based on the most recent witness statements. We know that someone committed those murders, that police suspected the deaths of five women, killed brutally in a three month window in the Whitechapel area, were killed by the same assailant. They assumed it was a man, they never caught him. “Jack the Ripper” flirted with the press for a while then faded away. He’s become one of our greatest bogeymen, the archetypal killer, a stock character in film, TV and books. There are countless theories about who he was, countless websites. For a man with no face he’s got a hell of a profile.

Then there were the victims. Mary Ann Nichols, Annie Chapman, Elizabeth Stride, Catherine Eddowes, Mary Jane Kelly. Very often they don’t even get a name check, they are simply victims one to five, just pieces of the puzzle that is Jack. Their dead faces are familiar, you can find them easily online (I’m not linking to them myself but if you want to find them go ahead).  They give nothing away in those grainy post mortem photographs. Death has brought them a kind of unity, a flat sameness similar perhaps to the way the hardness of their lives would have ground them down in life. These were working class women, whose poverty had dragged them into a precarious existence on the streets. As so many with no other choice they sold their bodies for pennies. These were the women the wealthy would pass by without a glance, unless they wanted to buy. These were the most vulnerable women, the kind that leave no mark on history apart from the odd arrest for soliciting or by meeting an extravagantly grotesque death. There are many like them who died nameless deaths. Take Mary Ann Nichols, whose sad, hopeless life was described by historian Fern Riddell on Twitter last year and in this Storify.

Even today the victim is all too often the missing piece of the puzzle. They existence during the trial of their killer is reduced to mere evidence, a collection of test tubes trying to confirm guilt. All too often the victim is a woman and the killer is a man. I’ve written about it so many times; the families outside the court describing the person they felt was missing from the proceedings. The families of Jean Gilbert and Celine Cawley both felt the need to go to the papers to give them a voice. They had the opportunity. How many women die in Ireland and elsewhere whose murder doesn’t cause headlines, doesn’t sell papers. Certainly in Whitechapel in the 1880s attacks on women were so commonplace that there has always been a debate about cases that could have been connected to the Ripper. As this timeline shows the 1880s were not a good time to be a vulnerable woman. And then, thirty years before, when William Kirwan killed his wife Maria, many of the papers didn’t even bother to get her name right. She often appears in the contemporary press as Louisa and these days she turns up as Sarah, Louisa or Maria or even sometimes Mary. It took a lot of digging to find Maria but you’ll hear her husband talked about on the boat over to Ireland’s Eye to this day.

That’s why the story of London’s Ripper Museum is in such appalling taste. The Evening Standard and several other London papers carried the news that a new museum opening on Cable Street in the East End will not be a celebration of East End women and the suffragette movement as the owners had suggested in their planning application but instead a museum dedicated to Jack the Ripper. At first they claimed that this was the way to humanise the victims but their Facebook page, as it stands this evening, makes no attempt to even pay lip service to anything but the public’s lust for a good murder “Jack the Ripper Museum, situated in a historic Victorian house in the heart of Whitechapel, tells the full story of the Jack the Ripper murders. Step back in time to the London of 1888, the greatest city in the world, where the greatest unsolved crimes of all time took place. As you explore the museum, you will discover everything there is to know about the lives of the victims, the main suspects in the murders, the police investigation and the daily life of those living in the east end of London in 1888. Once you have all the clues, will you be able to solve the mystery of Jack the Ripper?”

Now don’t get me wrong. I get why a Jack the Ripper museum would get visitors. I get why it’s a good commercial prospect. I made my living from the public appetite to murder. I’d be a hypocrite if I condemned it outright. But Dark Tourism needs to be respectful – and it certainly needs to be historically accurate. The frontage shown in the newspaper coverage looks more like a Disney Pirates exhibit and, as many of the angry local residents quoted in the Standard piece pointed out, Cable Street wasn’t the site of any Ripper murders. The area has it’s own proud history and that’s what should have been celebrated. What makes the story even worse, or at least adds a particular piquancy to it, is that the man behind the rather dodgy scheme, Mark Palmer-Edgecumbe, was formerly Google’s head of diversity and inclusion…he told the Standard today “We did plan to do a museum about social history of women but as the project developed we decided a more interesting angle was from the perspective of the victims of Jack the Ripper.” Because obviously a brutalised life gruesomely cut short is so much more inspiring than say, for instance, Sylvia Pankhurst. Local paper The East London Advertiser says that the planning document submitted by the architects cited the closure of the much lamented Women’s Library in the area that “the “Museum of Women’s History”, as it calls the project, would be “the only dedicated resource in the East End to women’s history””.

A museum of women’s history would be a great thing. It would be somewhere to teach our children and to educate ourselves. A celebration of murder will not do that. No matter how much detail they give about the women who died. The focus is on the phantom in opera cloak and top hat clutching a doctor’s bag. A cliche who will will teach nothing, inform nothing, provide nothing but cheap thrills and feed base instincts. Judging by the story so far this is a ghoul hunting expedition not a celebration of the resilience of East End women. If they’d done what they said the press they would have got would have been over-whelmingly positive. They would have been championed across the planet as an example of how we are moving forward. Instead the social media carrion crows are circling looking for blood. I wonder if the owners think they’ve made a mistake.

Things to do on a Wet Afternoon…

Deserted warehouse by Chris Miller on Flicker reproduced under Creative Commons some rights reserved

Not the warehouse I was filming in but one that would probably make a good location for a true crime documentary. This one photographed by Chris Miller from Flickr reproduced under Creative Commons some rights reserved.

It’s always a deserted warehouse. Over the years I must have visited more of them than your average movie gangster. Sometimes they are the elephant’s graveyard of boomtime optimism, other times the faded corners of old Dublin. Today’s was a relic of 19th century industry, all small basement rooms, crumbling masonry and pigeon droppings. The perfect place to discuss a murder – that’s why movie gangsters spend so much time hanging out in them. That’s why I was there on a rainy Monday afternoon in a Dublin summer.

There always seems to be someone making a true crime show for Irish television. It seems the public has an insatiable appetite for death and disaster. That’s nothing new of course. Thomas de Quincey turned a satirical eye on the aesthetic appeal of murder in 1827, although he was quite seriously disturbed by the public’s fascination with the crime. George Orwell wrote with more affection on The Decline in the English Murder in 1946. Why should the 21st Century be any different? So around this time of year – ready for scheduling when the nights start drawing in and the time for stories round the fire comes round again, the filming starts. For all our social networked world we haven’t changed so very much. I’ve written on so many cases over the years that I often get the call. If the murder came before the courts between 2007 and 2010 I was probably there and there’s a good chance I’ve written about it here and elsewhere. My words have become part of the record, that first draft of history that journalism provides.

That might sound a little pompous but I certainly don’t mean it that way. That “first draft of history” phrase is one that often runs through my mind as I research 19th century newspapers and I’m so conscious of the fact that the court reports I read there were written by people like me. Just as in modern Ireland it’s difficult, if not impossible, to get hold of a transcript of a trial if you’re simply an observer or wish to tell the story of the case, so the official documentation of so many 19th century trials has been lost. Just as now what I have written and my journalistic colleagues continue to write, fills in the gaps in appeal judgements and provides the colour that gets lost as the public recollection fades, so the 19th century reports breath life into long forgotten cases that would have been forgotten decades ago.

Of course, the cases that generate the most newsprint are the ones that really capture the public imagination. The ones that get talked about in coffee breaks with co-workers, in the pub with friends, on doorsteps with neighbours. There comes a point when they blend into folk memory, become part of social history, inform a generation. Between 2006 and 2008 there seemed to be a mania for murder but that was simply the number of cases appearing before the court. After the press bonanza that was Joe O’Reilly the editors were always looking for the next big case and every month or so there seemed to be a new contender. It’s these cases that are the ones often revisited in warehouses on summer afternoons. Because if you’re going to talk about murder it should be in a suitable desolate setting. Odd perhaps, since the cases we remember are the ones that usually happen in comfortable suburbia with fitted carpets and mod cons. But it’s usually a warehouse, lit atmospherically even if the sun is shining. Perhaps we need that desolate setting to tell these tales. Would a comfortable setting, a living room or kitchen like so many actual murder scenes, be too real, too close.

We can only enjoy murder if it is at that remove. We don’t want to be confronted by the actual death of a person. We want to be told a story, a grim story perhaps, but one that has been told huddled around the fire since lions still had sabre teeth and deer were much, much bigger. If conflict is at the heart of any good story then murder is the perfect story if only we can come to terms with the blood of it, remove the smell of death. I’ve noticed that when I say I’ve written true crime, in some company, the reaction is dismissive, but if I mention historical true crime, or historical fiction the reception is far warmer. I’ve researched the cases as thoroughly, the details of the story might be echoes of each other but one subject has distance and the other doesn’t and that distance is increased as soon as I’m making it up. Because obviously it’s far healthier to be able to imagine the details of a perfect murder rather than simply recount someone else’s actions…

So that’s why I spent this afternoon in a disused warehouse. I was talking murder – just as I’ve often done in the past. It’s a bit of a culture shift talking about recent cases again but I’m sure some day when I’m talking about my 19th century murders I’ll end up doing it in another disused warehouse. It’s the obligatory setting. The expected scene. It wouldn’t be quite the same any other way. As for this afternoon’s effort I’ll give more detail when I have it.

A Missing Piece of the Puzzle

I’m extraordinarily lucky to have a job that I love. I’m even luckier that this job allows me to indulge in old obsessions and follow them in new directions. Lately I’ve been happily stuck up to my eyes in crime records, the UK National Archives newest records release to be exact. It’s been like revisiting old friends but I’ve been particularly excited to find the missing piece in a puzzle I’ve been grappling with for years. Regular readers will know that I’ve been working on the case of 19th Century murderer William Bourke Kirwan for years now. He’s brought me in a whole new direction professionally, not least this change of job and this long, long in the writing book (which is still long in the writing but I’m getting there).

It’s been a while since I’ve written about the case so here are the basics. In September 1852 Kirwan and his wife Maria went out to Ireland’s Eye. They’d been staying in Howth for some weeks and often spent the days out on the Eye where he would sketch and she would read or swim. Maria was a strong swimmer. She loved the water. But that night when the boat came to pick them up Kirwan was standing on the foreshore alone. He hadn’t seen his wife for hours, he said. He’d looked a bit and called but she hadn’t answered. What to do? Where could she be? There was a search as the night drew in and eventually they found her. She was lying half in in the water in a place on the island known as the Long Hole. She was dead. The trial was a bit of a shambles. Kirwan’s mistress, a key witness, did not appear when she was called in evidence. Proof that Maria had lately discovered the existence of the mistress and a second family mere weeks before her death was never produced and the defence called medical evidence that no murder had been committed. One of the most eminent medico-legal experts of the day told the court that Maria had gone swimming too soon after her lunch. It was indigestion that killed her, not her husband. I’ve written an account of the full trial here, here and here by the way, if you want more detail.

Despite all the digging I’ve done on Kirwan and his women there have always been gaps in the story. It’s hardly surprising – this case is more than 160 years old. Although I’ve more documentation for this case than I’ve had for the more recent cases I’ve written about. One piece of the story was illusive though. I’d always known that Kirwan had been as determined as Joe O’Reilly to clear his name but hunt as I might I could not find any of his petitions. I’d presumed that they hadn’t survived despite tantalising breadcrumbs that I’d found along the way. So imagine my excitement when I idly keyed in his name in work and hit “Return”. I’d expected to find documentation about his journey through the prison system. If nothing else, 19th Century British bureaucracy was comprehensive to say the least. What I did not expect to find was his words. They had been lost. I knew that.

But there it was – his petition. Again, even though I was excited to find it, I expected to find departmental correspondence, rather than Kirwan’s own words, his own handwriting. I work daily with copies of three of Kirwan’s sketches pinned to the wall. He was a moderately successful artist, although the examples of his work I’ve seen suggest a rather naive talent at best. I’ve written about the collection of his paintings held in the National Library of Ireland on their blog here. I’ve always suspected that they say more about the public fascination in the murder rather than his artistic reputation. But I know those paintings very well by now. I know that there are some I’d doubt were by him at all. I know there are some that I’ve no doubt were by him. I photographed those sketches from every angle, I’ve shots of each and every signature, every doodle on the back of random pages. I’ve studied them as if they could let me see into the mind of the man who made them. That’s one this this case is missing after all those years in the courts. I can’t see Kirwan in the dock. I can read accounts from the hacks who were there and I can read the words of his evidence but it’s not the same. I can’t see him in the in-between moments, the moments at rest, unobserved. I can’t watch him sneaking a cigarette or talking to his family. I can’t watch him arrive. The pictures are the closest thing I have to that. I’d say they were something similar to whoever bought them, whoever was the reason that they ended up in the National Library collection.

I’m so used to deciphering his doodles that I’ve grown rather familiar with his hand. I know the pressure he put on the paper when he wrote, the way he looped the W and K in his name, even when writing his initials. Flicking through the results in the National Archive results I saw those same loops. Here it was, after years of searching, here was the murderer’s appeal. When I was working in the courts it used to be a standing joke that the prisons were always full of the innocent. You will seldom get a killer who admits what he has done. Once they’ve plead not guilty why would they? So it’s hardly surprising that Kirwan harks back to the “insubstantial” evidence of his case. I’d found rumours over the years that Kirwan had capitalised on his previous life as an anatomical draughtsman, familiar with doctors and death, by finding work with the prison doctor. Sure enough in his appeal Kirwan claims leniency in recognition of his work during the Yellow Fever outbreak at the Bermuda penal colony where he was being held.

Kirwan petition clip 1

He had also, wisely, not argued for the right to rejoin his mistress but instead pleaded to go to his children. In fairness to the man, he does seem to have been a doting father. I’ve a sketch over my desk I’m pretty sure is one of his daughters and it stands out among the pictures in the collection, to an extent that it’s easy to read affection into the precision that captures the tilt of the head.

Kirwan petition clip 2

I’ve stared at so many examples of 19th century handwriting over the past few years but Kirwan’s hand is unmistakable. He writes with speed and flourish. You could almost read an impatience there, perhaps an arrogance. Certainly his appearance in court was with a swagger that marks him out among wife killers. There aren’t many who would argue their case so fluidly and articulately – although I’d still very much doubt that he argued then as an innocent man. His petition is full of the same swagger, especially in his signature –

Kirwan petition clip 3

It appears that despite his fluency and flourish Kirwan wasn’t at all successful in his appeal. The rest of the correspondence suggests that the Irish authorities would have been happier if he had been discretely disposed of when the Bermuda camp was broken up. It would have been better if he had been “lost at sea” rather than returned to Ireland. It’s apparent that Kirwan did return though. Various accounts within living memory of the case describe his life at Spike Island prison in Cork. Apparently he painted murals on the walls of his cell. It was years before he got his wish in the end. This petition was written in 1862, ten years after the murder. It would be another 15 before he would see release. Contemporary accounts describe a broken, elderly man who paid one last visit to Ireland’s Eye before leaving for America (and presumably his children). How did they receive him? That’s a story for another day.

Excerpts courtesy of The National Archives from the Crime, Prisons and Punishment collection on www.findmypast.ie

For International Women’s Day 2015

I have a badge on the bag I carry around every day. It’s brightly coloured enamel flowers growing up through a large number 8 on a yellow metal background. I’m not sure exactly where the badge is from or when but I know what it stands for. It was made somewhere in the Soviet empire to celebrate International Women’s Day on March 8. They were big on badges, the Soviets, and big on causes. I carry it with me not because I agree with everything they stood for but because I think this is one cause that should have a badge. Actually, sod it, it should have a badge and a desert named after it and small children should go to school in costume for it, dressed as their favourite woman like they do for World Book Day. I’d  like to see International Women’s Day as loud and as festive as St Patrick’s Day or Gay Pride – because maybe then things will change, maybe then in a few years we wouldn’t need it any more.

Now I know that, if you’re reading this and you don’t already see why there should be a day dedicated to just one of the sexes, then you probably think there’s already too many women bleating about how hard they have it. They never shut up and they certainly don’t deserve a desert, or even a badge. You may think that the newspapers are already full of the feminist agenda, those pinko liberal rags never stop banging on that particularly over wrought drum. You probably think that I should shut up because I’m a middle class white woman and we already have far more than we should have – what about the men? I should check my privilege and shut up.

If you haven’t already worked it out from those first two paragraphs I’m not in the mood to use sweet persuasion. This year I’m more angry than celebratory. I’m fed up with still talking about this. Yes I was lucky to be born when and where I was but my generation were promised the sun, moon and stars. We were told anything was possible. We were told a battle had been won. And yet we’re still having this conversation.

Researching 19th Century Ireland I’ve come across so many extraordinary women. Not powerful women. The women I am looking at would not be accepted in the grand drawing rooms of the Ascendency. These are the fallen women, those hanging on by their fingernails. They aren’t the nicest people and they aren’t the most charming, but time and time again I’m astonished at their strength and resourcefulness. There’s the wife who was working out how to leave her abusive husband – despite the fact she was living in a time when that would mean walking away from all security and very possibly all respectability. Or there’s the single mother who forced the authorities to provide for her and her children – and the education of her daughters. There’s the prostitute who stood up in court against the man who hit her and spoke so calmly about the realities of her life that the court listened to her in respectful silence. I deal mainly deal with the period between 1830 and 1860 so these women were very much acting without a safety net. The law still had to change in their favour and it would be a very long time before it would change in a way that they would be able to feel.

The harshness of the world they lived in can be shocking but it was the reality of the time. From where I stand, with all my freedoms and protections, context is important. I must maintain a distance from these women – things did change and we have come a long way. I look at them from behind a glass wall, knowing things to be different for me – and that’s how it should be. But I cannot have the same distance when looking at women today who are fighting those same battles. There is no glass wall between me and them. There are no excuses. I am well aware of how easy I may have it, despite there still being a way to go, but how can any of us stop fighting when the world is still as hostile as it is to the female sex.

Take the story of Jyoti Singh, told so brilliantly and harshly in the documentary India’s Daughter. Apart from telling the horrific story of newly graduated doctor Jyoti, who had gone to see a film with a male friend and ended up gang raped and murdered the documentary also looked at the problem in misogyny that is deeply embedded in Indian culture. The rapists came from one of the slums, or semi-slums of Delhi. They had a fairly miserable existence, amounting to nothing, no prospects, no worth – yet they thought that they were superior to Dr Singh. That they could do what they wanted to her. The film was unflinching in it’s description of the rape – and of the widespread grotesque misogyny that seems to infect India. One of the rapists’ defence attorneys was shown saying that if his own daughter dishonoured his family by being raped he himself would burn her alive. We live in a world were women are burned alive or have acid thrown at them to satisfy some warped idea of honour. Where women cannot walk safely after dark. We have come such a long way.

Or take Immaculate Shamalla, a formidable activist, counsellor and women’s educator who deals with misogyny I can’t imagine daily in her work in the West Pokot region of Kenya. Imma works with the victims of rape, of female genital mutilation, of child abuse and she teaches, educating women to give them a voice. I’m in awe of the work Imma has done and is doing for women and children in her region. Her IWD speech, to be delivered in Cheragany Hills as part of the Kenyan government’s celebrations says it all. What follows are her words:

“What would you do if you were told could not vote? Own land? Get a proper education? Would you be upset, furious, frustrated or annoyed? That is how most women felt when they heard this. Do you want that to happen to you and maybe even your daughter? For many years women have been trying to claim their rights while men have many privileges that women do not have. Many countries deny putting women’s rights into action.”

“Everyone is entitled to have freedom – especially women. Women’s rights let women be independent and treated fairly. Some of the most common rights they fight for are the right to vote, equal pay, owning land and getting an education. These types of problems usually occur in Kitale – but there is a ray of hope. Over the years I see more people respecting women’s rights. And therefore during this International Women’s Day I want to re-emphasis that we women are human beings, we are smart, we are equally important in this world and we rebuke in the strongest terms all the violations we suffer – rape, deliberate infection of HIV, disinheritance , undermined, underrepresented in policy positions. We ask the government to adhere to the one third gender rule, and we still feel the one third gender rule is not enough, we want clean hospitals we can give birth in, we want access to anti-retroviral drugs, education, job opportunities, access to information on our rights. Today I join other women in demanding equality in access and opportunities, I hope that today will remind the government that we exist – and will not settle for less. “

So I will argue that International Women’s Day should be shouted from the rooftops. We should have parades and themed deserts and badges and fancy dress. Because we are all in this together and the battle is far from over. And I for one will be here every year until I can say different. I hope that happens in my life time.

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