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3rd DAY OF TRIALj .——.——

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3rd DAY OF TRIALj .—— —— STRAIN TELLS ON CRIPPEN Doctor's Scar Clue I FURTHER SURGICAL EVIDENCE Accused to be Called HOME OFFICE ANALYST FINDS POISON The finger of the clock in the Central Criminal Court pointed exactly to ten when the Old Bailey time-honoured "Ra.p, rap" Proclaimed the coming of the Lord Chief Justice, whose punctuality- is equal to that aSSociated with British Royalty. At this hour the court was unot mcom- fortably full. The admirable regulations which, happily, are being strictly carried Out. prevent the infliction of discomfort "pon those professionally engaged in connection with the case. As his lordship, attended by aldermen and sheriffs. walked with solemn mien to the Judgment seat, the prisoner again slipped up from below into the dock with his custom-try Agility, quite outpacing his uniformed cus- todian. The observed of all observers, Crippen again quickly took his seat in the oaken chair provided for him. and. assuming his customary attitude, threw one leg on r the other. But his facial expression to-day lost some oof its brightness. One could trace beneath the bulging eyes a few of those crows' feet" marks which may betoken either Advancing age or a restless night. The out- ward ga,rb was as spick and span as usual, Out the man himself seemed to be showing just the first signs of the terrible strain Which he must be undergoing. It may be that a coming ordeal is casting its shadow before. Crippen to Give Evidence According to all accounts, it is the inten- ()n of the defence to put Crippen in the Witness-box. He knows, of course, that his cross-examination must be a searching one 4t the hands of Mr. Muir. 0 While the opening preparations were going On in court early this morning there was as Usual an animate scene in the street out- aide. The arrival of Le Neve from Holloway in a Black Maria caused the customary citement. but a heavy blue motor-veil pro- tected her face from public veiw. Shemerely "Itll%d into the precincts of the building, and not, of course, seen in court. When the charge against the male prisoner "as resumed under the same uneventful Editions that have marked the beginning Of each day hitherto. More Medical Evidence I A comparatively young and clean shaven ala,, in the person of Dr. B. H. Spilsbury Was called in continuation of the medical evidence for the purpose of further trying to Drove, amongst other things, that the :r.tnains found at Hilldrop-cresent must have been those of Mrs. Crippen and no other Woman. Dr. Spilsbury, who is pathologist at St. Mary s Hospital, London. spoke to having taamined the piece of skin and flesh which Was produced in court yesterday and which formed part of the remains. He saw it first on the 9th of September and formed the opinion that it came from the lower part of the wall of the abdomen. Witness gave his reasons for declaring that the mark Which he found on the skin was a scar and the result of an old operation. 1fr. Tobin. K.C.. then proceeded to cross- IOXELraine. in the first place taking the 1titness through his credentials. He said \ba.t he commenced at Oxford and went to &10. Maj-y's Hospital in 1899, when Mr. Pepper --as lecturer there. And you have been associated with him er since?" asked counsel. Xo, not ever since." replied Dr. Spils- l'Y. "For the first five or six years since ben my work has been entirely indepen- fie,, t Afr. Tobin: Coming to the remains, must \be person who removed the viscera have n possessed of very considerable dex- Wity?_Yes. And very considerable anatomical know- ^Se ?—Certainly. And accustomed to evisceration?—Yes, by .11 who had done a considerable amount of '^iscefution. r. Tobin announced that he should at in detail his cross-examination of the 'V"iOU8 medical witness. (To Dr. Spilsbury): vtlhed you formed the opinion that there was ftar on this piece of skin had you heard tilat Belle Elmore had had an operation in tb, lower part of the abdomen?—Yes. I have I had read it in the press. bid the condition of the skin make it very ^cult to form a clear opinion whether thif a scar?—It made it more difficult than 1t had been fresh. t examined, the witness said that the fact thelt he had acted with Mr. Pepper had not butuenced him in his opinion that the mark \-a,s a scar. If it had not been a scar it have contained glands, but he had not i any glands on the area, covered by the lIlél.1'k nr. Thomas Marshall, the police divisional •ftieer for the Kentish Town district, then evidence with reference to the examina- \}ns of the remains which he made with Mr. ePper, and snid that tha.v were removed in I''S and conveyed to Dr. Wilson at St. Mary's \h()P;taJ. He also was of the opinion that E! uiark w,), a scar, and he agreed with the sv l(Ience given by Mr. Pepper yesterday a-s the condition of the remains. 1'h Lord Chief Justice: Did you find any I tion of disease or anything which cause death? Witness: No. my lord. Time of Burial ^"oss-examined by Mr. Tobin. the tness said it depflndecl upon cir- ^stances whether it would be pos- Mk, P" tible to give any certain opinion as to ie length of time a body had been buried. e agreed that the circumstances would be e condition of the soil, the depth of the 4in, the time that had elapsed before Ilrial and the cause of death. t On the 8th of August you formed be opinion that the mark on the skin was -uLr. On what date did you hear that elle Elmore had undergone an operation? J fitness: On the 18th of July. tanswer to Mr. Muir, the witness said hot the fact that he knew an operation had I en performed did not influence his binion in any way. () i8 Lordship: Have you formed any itt -ckn as to how long the remains had been j 1 the ground? Witness: I formed the opinion that they been in the ground for some months '?se on first observing them wjaere we I I "14'ld them I waH somewhat surprised at the lkbl?0a,raiace of freshness, but when I came to I fhy,V,ralrie them in detail I found the presence th CLI?l)oeere, am], forming an opinion as to tli time necessary for the formation of that, j^^oned that the remains had been there t cjr several months Lordship: We must investigate the t 11til as carefully as we can. What do you bk the time would be that those remains "ld or could not hare been in the ground ? Witness: That would be impossible to say. His Lordship: You say they might have been there up to six months. Witness: Yes. Evidence was given to the effect that dis- infectant had bee?i sprinkled on the remains by the mortuary-keeper at Islington and on the walls of the cellar by a police officer. Home Office Analyst Dr. William Henry Willcox, the senior Scientific analyst at the Home Office, was then called to give the result of his exami- nation of the remains. With regard to the two complete pyjamas that were found in a bedroom at Hilldrop-crescent he said the material of which they were made was similar to the piece of pyjamas found with the remains, and the buttons were the same. He agreed with the previous witnesses that the mark on the skin was a scar. On the 2Zrit of July. he continued, he com- menced eyamining some of the viscera for poison. He searched for mineral and organic poisons, and found traces of arsenic in the intestines and liver, and cresol, or commer- cial carbolic acid. in the stomach, kidneys, intestines, and liver. His Lordship: Do you attach any import- ance to those? Witness: No. they are due to the disinfec- tants used. Witness went on to say that he took weighed portions of the remains and treated them for the extraction of alkaloids. He i found that a midriatic alkaloid was present, the solution of which when Hyoscine Found In various organs of the viscera he had found altogether two-fifths of a grain of hyoscin hydro bromide, and he estimated that there was half a grain in the body j altogether. A quarter to half a grain was a fatal dose. Hyoscin was a powerful narcotic poison, used as a sedative in delirious cases, but was not used as a homcepathic remedy, The prosecution of Crippen closed at 12.52 J n-m- CRIPPEN TO BE CALLED The Press Association is officially informed that it is the intention of Mr. A. A. Tobin. K.C.. M.P., leading counsel for Crippen, to put his client into the witness-box. (Proceeding.,) Yesterday's. Proceedings There were two incidents in the resumeu trial of Dr. Harvey Hawley Crippen at the Old Bailey on Wednesday -hiel, were unusual even in connection with a murder trial, where gruesome details are by obligation dealt with and emotional scenes are frequent. It sel- dom happens, however, that part of the human remains upon which the trial turns are produced in court. IT is, however, hap- pened at the Old Bailey on Wednesday, when the piece of skin with the mark of the opera- tion scar—the one and onlY clue to the iden- tification of the victim of the cellar crime as Belle Elmore-was brought into court on a tray at the request of Mr. Tobin, K.C., counsel for Crippen. The learned gentleman cross-examined Dr. Pepper, the Home Office pathologist, at great length on the subject of the scar, but failed to bhake the expert's testimony 'in any degree. Professor Pepper did not exclude the possibility of the piece of skin having come from some part of the body other than the abdominal wall, but gave it as his opinion that there was no doubt about its location. He was ir ore positive when asked how long the remains had been buried in the cellar at .59. Hilldrop-crescent, his answers discounting any suggestion that they were interred beune Crippen and his wife went to live at the house. The other sensation was provided by the illness of a juryman, who had to be taken out of court for fresh air, and whose indis- position delayed tne proceedings for nearly an hour. It rarely happens that even in the most lengthy and unpleasant trial in the criminal court-; any of the twelve unemo- tional good men and true who are trying the case succumb to the strain, and on Monday it was indigestion, and not sentiment, which upsez the juryman. Had the cause of his indisposition been more serious, however, and of such a character ad to render him unfit to resume his duties, an awkward situation would have arisen. The trial would I have had to be re-started before a new jury, or the old jury with a new twelfth man re-sworn, and it is a moot point whether the Proceedings under present circumstances are not open to a technical objection by the defence, inasmuch as the persons accom- panying the aiding juryman when he was taken out of court were not sworn to take ,.h14:1I IactqI nunA nt" "him "II. a.¿. Mr. Dew. replying to Mr. Humphreys for the Crown, told once more the story of how the investigation of the Crippen afiaif started, when on the 30th of June last, a statement was made at Scotland Yard by Mr.. Nash, with the result that inquiries were prosecuted at Hilldrop-crescent, where Crippen lived, and at Albion House, where he carried on business. At the latter place, on the 8th of July the officer saw Crippen. Inspector Dew then proceeded to tell how, after obtaining a warrant for the arrest of Crippen and Le "Neve, he received certain information in consequence of which he pro- ceeded to Canada and arrested the prisoner and Le Neve on board the Montrose on July 31 off Father Point, Quebec. After Crippen had been taken into custody, he said, he went into a cabin and found Le Neve, dressed in boy's clothing, with her hair cut short. In the same cabin were some of Crippen s clothes. Orippen was taken into another cabin, when he remarked to witness, "I am not sorry; the anxiety has fteen too much." Crippen was handcuffed, the witness explain- ing that it was necessary as he bad stated on a card that he would jump overboard, whereupon Crippen said, "I won't.; I am more than satisfied, because the anxiety has been II too awful." On the cabin being searched, wit- ness discovered two cards. On the back of one was written: "P. Robinson and Co., Detroit-Mr. John Robinson." I" I Can't Stand the Horror of It" i On the other side was written:— I I canuot stand the horror I go through every night any longer, and, as I see nothing bright ahead. I have made up my mind to jump overboard to-night. I know I' I have spoilt your life. but I—I hope some day you will learn to forgive me; With last words of love, your H. On the other card was written:— ¡ Shall we wait until to-night until ten or eleven o'clock? If not, what time? witness believed that they were both in the handwriting of Crippen. Witness found on Ci?ppen four rings and two brooches attached to his undervest, and the passenger list showed that Crippen and his companion were described respectively as ;— John Philo Robinson, aged 55, merchant, American citizen; last residence, Michigan, Detroit; and John George Robinson, aged sixteen. male, single, student; nationality. United States; last American residence, Michigan, Detroit Witness .then referred to the conversation he had with Crippen on board the Megantic, when Crippen asked to be allowed to see Le Neve, as he did not know how things would go with him and he might never see her again. and further remarked, She has been My only comfort for the last three years." lie gave a detailed description of the lurs which he had found at Hilldrop-crescent and at Albion House, Oxford-street. Cross-examined by Mr. Tobin, witness said the bricks in the cellar where the remains were f'-nnc were aid closely together, but «*ere not fixed with mortar. Crippen reatniy agreed to the house being searched. The Lord Chief Justice: Do you know what the remains- vere? WitriE-s: I cannot describe them ItS well as Dr. Pepper. Mr. Tobin Miss Le Neve and Dr. Orippen occupied the same cabin? Witness: As far as I know. fAr. Tobin: If the intimation about jump irig overboard was intended for Miss Le Neve's information there was no need to put it in writing The Lord Chief I astice: That is not a ques- tion; that is argument. Mr. Tobin: I won't put it, my lord. Juryman Taken III PROCEEDINGS SUSPENDED I Shortly after 11.30 it was noticed that a juryman sitting in a corner seat appeared to be ill. He was leaning forward and breathing heavily, when an usher went to his assistance and supported him. The proceedings were suspended, while three doctors—Dr. Wilcox, Dr. Marshall, and Dr. Dyer, the prison surgeon at Brixton— rendered aid. A number of people rose to their feet. The Lord Chief Justice requested them to resume their seats, and they did so rather anxiously, for visions of a postponement of the case had already arisen. In another moment or two the voice of he learned judge was again heard. He said: "Will one of the doctors come up here and epeak to me a minute?" Upon which Dr. Wilcox proceeded to the bench. After he had had a brief conversation with the medical man, his Lordship, turning to counsel, lemarked: "It is nothing serious." At the same time the juryman was helped out of court, he having sufficiently recovered from his faint to walk with assistance. It was thought that the fresh air would revive him. Time went on and he did not return, and the proceedings were suspended. A hubbub of conversation arose, in I!ie midst of which Crippen, taking advantage of the interval, signalled to his solicitor, Mr. A. Newton', who approached his client and had a conversation with him over the dock rail. The Judge remained on the bench consult- in? law books, which were sent for, and entering into a whispered conversation witi, the leading counsel for the Crown. Some of the jury got rather alarmed. Said one of them, sotto N Ioce, to the press: "Tais will frighten our wives and families; it will get out that a juryman is ill, and every woman will think it is her own husband The pressman addressed knew that he must not talk to a juryman trying a murder case or he would have suggested that the juuge should be asked to allow the name of the invalid to be published. This was not done. After the lapse of half an hour, the whole of the jury were allowed to temporatily retire. In another quarter of an hour the judge desired them to be brought back, and Dr. Dyer went into the witness-box and was sworn. In reply to the Lord Chief Justice, he said that he had been in attendance on the juror who had been seized with illness. who was suffering from a fainting attack due to indigestion. It was nothing serious, and the gentleman would, no doubt, be well enough to resume his duties by two o'clock. Thereupon, the court was adjourned till that hour. One of the warders touched Crippen on the shoulder and he disappeared below. The juryman whose sudden illness occurred before the adjournment accom- panied the rest of the jury on the return to court just before two o'clock. Dr. Dyer returned to the box and made a communication to the judge. It was inaudible in court, and the Lord Chief Justice expressed a hope that the gentleman would inform him if he didn't feel well again. The cross-examination of Inspector Dew was then briefly concluded by Mr. Tobin. in answer to whom the witness said he had been in charge of the case from June 30. Mr. Tobin: So far as you know. when Crippen left the country did he leave anv debts?- I have not seen any bills. His Lordship: If you ask, "So far as you know" you must ask him what he does know. Mr. Tobin: Have you made any inquiries? Inspector Dew: I have not made any inquiries, out I don't think he did. Mr. Muir (re-examining): On the voyage from Canada to this country did you see a good deal of him?-Yes. What was his demeanour ?—Perfectly cool and collected. Did he converse with you at all ?-Yes. Did he appear to be dejected ?-Not at all. I' Was there any difference between his manner before his arrest and his manner after his arrest ?-one whatever. A Cellar Search You have given us the dimensions of the space occupied by the remains as they lay in the hole of the cellar-was the part where the earth was loose limited to that size, or was it larger-1—It wa,s practically limited to the place where the remains were. His Lordship: Round the hole where the remains lay the earth was practically undls- turbed ?—Yes. When you found the loose bricks did you notice whether they extended over the whole area, or only over a part?—I had previously tested round the hole. The others were quite firm. In your judgment, the area of the loose bricks about corresponded to the hole?-Yes. Alfred I1. Leverton, undertalier., gave evidence as to the removal of the remains to the mortuary. Evidence of assisting to put the remains in the coffin m the cellar was given by Police- constable Booth, who said he lifted the! remains with his hand and didn't use a spade.. Dr. Pepper's Theory Professor Pepper was the next witness. He ] began by describing his first visit to Hilldrop- crescent, and his inspection of the cellar on July 14. He found the remains upon the I earth which had been dug up. the earth being a mixture of loam and clay. Witness was then examined regarding the hair found amongst the flesh and the por- tions of the clothing. The part of an under- vest he found was a lady's, and had a lace collar. Subsequently he examined the remains at the mortuary. AH the bones had been removed, the head was missing, and there was no trace of flesh belonging to the thigh. His Lordship: What organs, or portions of the organs, (lid you find ?-Heart, lung, the lower two and a half inches of t,he windpipe, the gullet, liver, kidneys, spleen, stomach, and pancreas. The internal organs you found were prac- tically all the organs of the body?—Yes. Witness's attention was then directed to the piece of skin, 7in. by 6in.. which was found, and which, it was contended, bore the mark of a scar. The mark, it was said, was about four inches long, and was easily visible upon the piece of skin. In his opinion, it was skin from the lower front part of the body. The scar was completed on the piece. No Indication of Sex I On further examination he found no I indication of the sex of the remains. He found in addition to the garment already mentioned portions of a pyjama jacket, and I of a woman's garment. That portion bore I the name of Jones Bros., Holloway, and the label on which it appeared was exactly as that on the two complete sets of pyjamas louni by Inspector Dew at 39, Hilldrop- crescent. The removal of the viscera from the body must have been performed by someone skilled in dissection-" dissection of human beings, or of animals, or both." The organs bad been removed without sepa- rating them one from another. It was pos- sible that some of the genital organs may have been removed during life, and the posi- tion of the scar corresponded to such an operation. In his opinion the remains had been buried from four to eight months. That opinion he gave on the examination, not only of the remains, but also upon the earth and other material by which they were surrounded. He thought they had been buried bhortly after death. Mr. Muir: Is it possible for these remains to have been buried there before December 23, 1905?—No. Referring to the hair found with the body, Mr. Pepper said it was darker now than when it was found. It was a, woman's hair. In appearance none of the organs found indicated any disease to account for death. The remains were those of a stout person. lie had no doubt whatever, from a microscopical examination, as well as an examination with the naked eye, that the scar referred to was that of an operation wound. Mr. Tobin K.C., then opened the cross- examination. Witness agreed that taken by themselves there were no anatomical grounds on which he could say with certainty the sex of the remains. As to the degree of dexterity and skill required for the removal of the organs. he said that it would require a practical hand and eye. It was a minute dissection such as would require constant practice. It was, said witness in reply to further questions, on the 15th of July that he formed his opinions as to how long the I remains had been in the ground. "Is it right," Mr. Tobin asked, "to say that it is quite beyond the reach of science I to determine with accuracy the period of death from the progress of putrefaction?— Yes. I Is it true also that If two bodies are buried in the same SOil and under apparently identical circumstances the appearances as to the putrefaction would vary after a I time ?—Y es. The Lord Chief Justice: Take it as it was, would lime and clay retard putrefaction?— It depends, my lord. There are two kinds of decomposition. It is one case in which the remains fire exposed to air and water, and cuite another in which they are largely excluded from the air as in this case. The Lord Chief Justice: Taking it as 'it was, would the lime and clay retard putrefaction? —It would retard the common form of putre- faction, but the presence of lime and clay would favour the changes which were found in this mse--thtt is. the formation of a kind of soap of which the technical description is odiocere. It would assist that conversion?—Yee. And ordinary putrefaction would be ret,arded?- Yes. Witress, in answer to further questions by Mr Tobin, said that. the weight of one of the kidr.eys was 2ioz. The normal weight would be abcut 4oz. That reduction might be due to dessication after death. Mr. Tobin then proceeded to question wit- ness at length with regard to the piece of skin, 7in. by 6in.. on which was the mark referred to by Mr. Muir in hie opening I statement. Gruesome Incident At the request of counsel, the piece of I skin was produced in a shallow dish. Mr. Tobin: Or.e or two points as to whether that came from the abdomen or not. Before you formed an opinion, even that the mark on that piece of skin was a scar, had yon heard that Mrs. Crippen had had an opera- tion?—Yee. Was the date when you first heard Mrs. Crippen had an operation July 18?—I do not remember when it was. Mr. Tobin was proceeding to question wit- ness as to the dimensions of the skin when his Lordship interposed with the remark, It is in a tray, and, therefore, you can see it without asking what the dimensions are." Counsel then put various questions, with a view to showing that the skin came from a part of the body other than that mentioned by witness, who admitted that there were tendonous intersections in various parts of I the body. Piece of Skin Handed Round I The skin was at this stage handed to coun- I sel. and Crippen leaned over the dock in order to get a glimpse of it. While this was being done his Lordship remarked to one of the barristers. "You have taken an inky pen. D..m't ink it. please." (Laughter.) Subsequently the skin was handed back to witness, who explained various points in connection with it to the jury. Answering further questions put by -Air. Tobin, witness said he would not necessarily expect to find tendonous intersections if the skin came from the part of the body he had mentioned. Mr. Tobin followed with a strong cross- examination on the physiological features of the piece of skin and of the relations of these features to what exists in the anatomy. How many times oid you, examine that piece of skin before you came to the con- clusion that the mark on it was a scar?" asked counsel. ) Almost immediately I had finished the examination," was the reply. Do you agree that the condition of the piece of fkin makes it difficult to say that the mark is a scar at all?—No, not at all. Mr. Tobin pursued the question of the appearances of the mark on the piece of skin. and some confusion appearing to exist between witness and counsel, his Lordship said. "Go down and show him. Mr. Pepper? it will save time." Mr. Pepper steppf-d down from the witness- box and passed over to counsel's table, carry- ing the dish containing the piece of skin, and he made an explanation of the portions. Mr. Tobin called attention tc what he described as little groups of four or five transverse lines which were within the area of the so-called scar. He suggested these might have been caused by the pressure of the portion of the garment found with the body. Mr. Pepper said he had not made a micro- scopical examination of the groups of lilies, and was therefore, unable to say. It was possible that they might have been caused 1 k.- tho nraaaniv of the fabric. In fact, thA was most likely. He said, however, that the marks were outside the area of the scars. Mr. Tobin, pursuing the question of the scar, asked whether it was not the fact that from microscopical examination the size, number, and arrangement of the fibre below the surface of the skin appeared the same both below the so-called scar and round it, Mr. Pepper didn't agree. He said that' below the soar the fibres became denser. There was a suggestion that there was no proof of stitches about the scar. However, even stitch marks became merged in the mark of he scar. Mr. Muir (re-examining): Had the informa- tion yoi. ga,ined up to the time Mrs. Crippen disappt-ared any influence whatever on the opinion you formed as to the titpe for which the remains had been in the ground? —None whatever. i'ou were asked whether at the time that you saw the scar you knew that Mrs. Crippen was supposed to have been buried there and you said yes—had that informa- ticn effect on your opinion as a scientific man?—None And the opinions you have expressed to the jury are those of your opinions as a scientific man?- Y e, Answering further questions, Mr. Pepper said that the effect of quicklime upon the flesh was to destroy abstracted moisture. If there was a sufficient quantity of quicklime the flesh would be destroyed completely in time. The presence of damp clay would, of course prevent the lime operating in the way he had described by making it less effective. Regarding the piece of skin which had been produced, witness repeated that it was only a part of the abdominal wall. and the part which would contain the tendinous inter- sections was not there. The absence of the tendinous intersections would not tend to show that the skin was not part of the abdominal wall. The same observation applied to the white line. Scar as a Clue Answering the Lord Chief Justice, witness said that the width at the bottom of the scar would point to the subject of the operation being a female rather than a male. His Lordship: In your judgment you say the remains cannot have been in the ground longer than eight months. 1 think you saw them first on July 14. and you say they could not have been in the ground less than four months. Please tell the jury, because it is very important, on what you base that opinion. In some parts the decomposition and changes are much more advanced. I should say that, if anything, it was not four months. They were so exceedingly well preserved. Taking all the organs as they were, though some might indicate changes which would take as much as eight months, there are others that indicate that the remains could not possibly have been in the ground more than four months, and, looking at the general condition, you came to the conclu- sion that they could not have been there more than two months?-l think 1 am allow inz a wide marein. ORIPPEN'S JOCULAR REMARK. This concluded Mr. Pepper's evidence, and the hearing was adjourned until ten o'clock to-day. Crippen was about to be conducted below, and ha,d got to the top of the steps leading to the cells, when he was brought back to the front of the dock. This was in order that he might hear the custodian of the jury sworn to keep them in some private and convenient place until the resumption of the proceedings. Crippen listened to this with a rather languid interest, and when it was over smilingly made a jocular remark to one of the warders and disappeared below. r ■-

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