Oscar Slater
Encyclopedia
Oscar Joseph Slater was a victim of British miscarriage of justice
. He was born Oscar Leschziner in Oppeln, Upper Silesia
, Germany to a Jewish family. Around 1893, to evade military service
, he moved to London where he worked as a bookmaker using various names, including Anderson, before settling on Slater for official purposes. He was prosecuted for malicious wounding in 1896 and assault in 1897 but was acquitted in both cases.
In 1899 he moved to Edinburgh
and by 1901 was living in Glasgow
. He claimed to be a gymnastics instructor, a dentist, and a dealer in precious stones but was known to police as a pimp
and gangster who associated with thieves, burglars, and receivers of stolen goods.
, after her maid had popped out for ten minutes. Although she had jewelry worth £3,000 (2009: £) hidden in her wardrobe, the robber was disturbed by a neighbour and took only a brooch. Slater had left for New York five days after the murder and came under suspicion as, before the murder, a caller to Gilchrist's house had been looking for someone called 'Anderson', and Slater had previously been seen trying to sell a pawn ticket for a brooch.
The police soon realised that the pawn ticket was a false lead but still applied for Slater's extradition. Slater was advised that the application would probably fail, but, in any case, decided to return voluntarily to Scotland.
and confirmed that he had announced his visit to America long before the murder. He was convicted by a majority of nine to six (five ‘not proven
’ and one ‘not guilty’). In May 1909 he was sentenced to death, the execution to take place before the end of the month. However, the trial judge, Lord Guthrie
organised a petition, signed by 20,000 people and the secretary for Scotland, Lord Pentland
, issued a conditional pardon and commuted the sentence to life imprisonment. Slater was to serve nineteen years at Peterhead Prison.
The following year Scottish lawyer and amateur criminologist, William Roughead
, published his Trial of Oscar Slater highlighting flaws in the prosecution. The circumstantial evidence
against Slater included his ‘flight from justice. The identification evidence was fleeting and otherwise unreliable, prejudiced, tainted, or coached. In particular Slater was conspicuously contrasted with nine off-duty policemen in his identification parade.
Under pressure from Detective Trench, a prison doctor and a Glasgow lawyer named David Cook, the then Scottish Secretary McKinnon Wood launched a secret enquiry in 1914. However this was a "farce" and "Gilbertian" and Trench was sacked and then framed for reset by the Glasgow Police. Indeed the case remains the worst miscarriage of justice in Scottish legal history with several senior police officers (Stevenson, Orr, Ord), John Neil Hart, the Procurator Fiscal
, and several Liberal
Lord Advocate
s disgracing themselves. Even Lord Guthrie
and politicians actively colluding to retain the conviction did not escape humiliation. Slater was released in 1928 with £6,000 compensation when pressure from the Conservative Secretary of State, Labour opposition politicians including Ramsay MacDonald
, Arthur Conan Doyle
and several journalists lead to a new act and Court of Appeal for Scotland. Those responsible for Miss Gilchrist's murder were never brought to justice but the crime was almost certainly the joint enterprise of two or three male relatives (including a doctor/academic and a lawyer who were protected by legal and political connections).
; (eventually) Viscount Buckmaster
; and Sir Arthur Conan Doyle. In 1912, Conan Doyle published The Case of Oscar Slater, a plea for a full pardon for Slater.
In 1914 Thomas MacKinnon Wood ordered a Private Inquiry into the case. A detective in the case, John Thompson Trench, provided information which had allegedly been concealed from the trial by the police. The Inquiry found that the conviction was sound and, instead, Trench, was dismissed from the force and prosecuted on trumped-up charges.{The Charges were thrown out}
, Alexander Munro MacRobert
, reported to Sir John Gilmour, that it was no longer proven that Slater was guilty.
An Act (17 & 18 Geo. V) was passed to extend the Jurisdiction of the recently established Scottish Court of Criminal Appeal to convictions before the original shut-off date of 1926. Slater's conviction was quashed in July 1928 on the ground that the judge had not directed the jury about the irrelevance of Slater's previous character. Slater received £6000 (2009:£) compensation.
. He died in 1948. Detective-Lieutenant Trench had died in 1919, aged fifty, and never lived to see Justice done.
The lessons of the Slater miscarriage were considered as late as 1976 by the Devlin Committee
review on the limitations of identity parades.
In Glasgow rhyming slang See you "Oscar" rhymes Slater with later.
More recently, the Slater case has been revisited by several authors of non-fiction
.
Miscarriage of justice
A miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...
. He was born Oscar Leschziner in Oppeln, Upper Silesia
Upper Silesia
Upper Silesia is the southeastern part of the historical and geographical region of Silesia. Since the 9th century, Upper Silesia has been part of Greater Moravia, the Duchy of Bohemia, the Piast Kingdom of Poland, again of the Lands of the Bohemian Crown and the Holy Roman Empire, as well as of...
, Germany to a Jewish family. Around 1893, to evade military service
German Army (German Empire)
The German Army was the name given the combined land forces of the German Empire, also known as the National Army , Imperial Army or Imperial German Army. The term "Deutsches Heer" is also used for the modern German Army, the land component of the German Bundeswehr...
, he moved to London where he worked as a bookmaker using various names, including Anderson, before settling on Slater for official purposes. He was prosecuted for malicious wounding in 1896 and assault in 1897 but was acquitted in both cases.
In 1899 he moved to Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
and by 1901 was living in Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
. He claimed to be a gymnastics instructor, a dentist, and a dealer in precious stones but was known to police as a pimp
Pimp
A pimp is an agent for prostitutes who collects part of their earnings. The pimp may receive this money in return for advertising services, physical protection, or for providing a location where she may engage clients...
and gangster who associated with thieves, burglars, and receivers of stolen goods.
Marion Gilchrist
In December 1908 Marion Gilchrist, a spinster aged 83 years, was beaten to death in a robbery at West Princes Street, GlasgowSquare Mile of Murder
The Square Mile of Murder relates to an area of west-central Glasgow, Scotland. The term was first coined by the Scottish journalist and author Jack House, whose 1961 book of the same name was based on the fact that four of Scotland's most infamous murders were committed within one square mile of...
, after her maid had popped out for ten minutes. Although she had jewelry worth £3,000 (2009: £) hidden in her wardrobe, the robber was disturbed by a neighbour and took only a brooch. Slater had left for New York five days after the murder and came under suspicion as, before the murder, a caller to Gilchrist's house had been looking for someone called 'Anderson', and Slater had previously been seen trying to sell a pawn ticket for a brooch.
The police soon realised that the pawn ticket was a false lead but still applied for Slater's extradition. Slater was advised that the application would probably fail, but, in any case, decided to return voluntarily to Scotland.
Trial of Oscar Slater
At his trial, defence witnesses provided Slater with an alibiAlibi
Alibi is a 1929 American crime film directed by Roland West. The screenplay was written by West and C. Gardner Sullivan, who adapted the 1927 Broadway stage play, Nightstick, written by Elaine Sterne Carrington, J.C...
and confirmed that he had announced his visit to America long before the murder. He was convicted by a majority of nine to six (five ‘not proven
Not proven
Not proven is a verdict available to a court in Scotland.Under Scots law, a criminal trial may end in one of three verdicts: one of conviction and two of acquittal ....
’ and one ‘not guilty’). In May 1909 he was sentenced to death, the execution to take place before the end of the month. However, the trial judge, Lord Guthrie
Charles John Guthrie, Baron Guthrie
Charles John Guthrie, Baron Guthrie was a Scottish lawyer.Guthrie was the son of the Rev. Thomas Guthrie, editor of the Sunday Magazine. He was educated at Edinburgh Academy and Edinburgh University, and in 1875 was admitted to the Faculty of Advocates...
organised a petition, signed by 20,000 people and the secretary for Scotland, Lord Pentland
John Sinclair, 1st Baron Pentland
John Sinclair, 1st Baron Pentland, GCSI, GCIE was a Scottish Liberal Party politician, soldier, peer, administrator and Privy Councillor who served as the Secretary of Scotland from 1905 to 1912 and the Governor of Madras from 1912 to 1919.Baron Pentland was born John Sinclair to Sir John...
, issued a conditional pardon and commuted the sentence to life imprisonment. Slater was to serve nineteen years at Peterhead Prison.
The following year Scottish lawyer and amateur criminologist, William Roughead
William Roughead
William Roughead was a well-known Scottish lawyer and amateur criminologist, as well as an editor and essayist on "matters criminous". He was an important early practitioner of the modern "true crime" literary genre.-Career:...
, published his Trial of Oscar Slater highlighting flaws in the prosecution. The circumstantial evidence
Circumstantial evidence
Circumstantial evidence is evidence in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime...
against Slater included his ‘flight from justice. The identification evidence was fleeting and otherwise unreliable, prejudiced, tainted, or coached. In particular Slater was conspicuously contrasted with nine off-duty policemen in his identification parade.
Under pressure from Detective Trench, a prison doctor and a Glasgow lawyer named David Cook, the then Scottish Secretary McKinnon Wood launched a secret enquiry in 1914. However this was a "farce" and "Gilbertian" and Trench was sacked and then framed for reset by the Glasgow Police. Indeed the case remains the worst miscarriage of justice in Scottish legal history with several senior police officers (Stevenson, Orr, Ord), John Neil Hart, the Procurator Fiscal
Procurator Fiscal
A procurator fiscal is a public prosecutor in Scotland. They investigate all sudden and suspicious deaths in Scotland , conduct Fatal Accident Inquiries and handle criminal complaints against the police A procurator fiscal (pl. procurators fiscal) is a public prosecutor in Scotland. They...
, and several Liberal
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
s disgracing themselves. Even Lord Guthrie
Charles John Guthrie, Baron Guthrie
Charles John Guthrie, Baron Guthrie was a Scottish lawyer.Guthrie was the son of the Rev. Thomas Guthrie, editor of the Sunday Magazine. He was educated at Edinburgh Academy and Edinburgh University, and in 1875 was admitted to the Faculty of Advocates...
and politicians actively colluding to retain the conviction did not escape humiliation. Slater was released in 1928 with £6,000 compensation when pressure from the Conservative Secretary of State, Labour opposition politicians including Ramsay MacDonald
Ramsay MacDonald
James Ramsay MacDonald, PC, FRS was a British politician who was the first ever Labour Prime Minister, leading a minority government for two terms....
, Arthur Conan Doyle
Arthur Conan Doyle
Sir Arthur Ignatius Conan Doyle DL was a Scottish physician and writer, most noted for his stories about the detective Sherlock Holmes, generally considered a milestone in the field of crime fiction, and for the adventures of Professor Challenger...
and several journalists lead to a new act and Court of Appeal for Scotland. Those responsible for Miss Gilchrist's murder were never brought to justice but the crime was almost certainly the joint enterprise of two or three male relatives (including a doctor/academic and a lawyer who were protected by legal and political connections).
The Case of Oscar Slater
Roughead's book convinced many of Slater's innocence; influential people included Sir Edward Marshall Hall; Ramsay MacDonaldRamsay MacDonald
James Ramsay MacDonald, PC, FRS was a British politician who was the first ever Labour Prime Minister, leading a minority government for two terms....
; (eventually) Viscount Buckmaster
Stanley Buckmaster, 1st Viscount Buckmaster
Stanley Owen Buckmaster, 1st Viscount Buckmaster, GCVO, PC, KC was a British lawyer and Liberal politician. He was Lord Chancellor under H. H...
; and Sir Arthur Conan Doyle. In 1912, Conan Doyle published The Case of Oscar Slater, a plea for a full pardon for Slater.
In 1914 Thomas MacKinnon Wood ordered a Private Inquiry into the case. A detective in the case, John Thompson Trench, provided information which had allegedly been concealed from the trial by the police. The Inquiry found that the conviction was sound and, instead, Trench, was dismissed from the force and prosecuted on trumped-up charges.{The Charges were thrown out}
Criminal Appeal (Scotland) Act 1927
Finally, in 1927 the publication of The Truth about Oscar Slater by William Park proved decisive. Solicitor General for ScotlandSolicitor General for Scotland
Her Majesty's Solicitor General for Scotland is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Government on Scots Law...
, Alexander Munro MacRobert
Alexander Munro MacRobert
Alexander Munro MacRobert KC was a Scottish lawyer and Unionist politician.Educated at Paisley Grammar School, Edinburgh University and the University of Glasgow he became an advocate in 1897. He worked with the Admiralty in 1917-18 and as an Advocate Depute from 1919 to 1923. He was appointed...
, reported to Sir John Gilmour, that it was no longer proven that Slater was guilty.
An Act (17 & 18 Geo. V) was passed to extend the Jurisdiction of the recently established Scottish Court of Criminal Appeal to convictions before the original shut-off date of 1926. Slater's conviction was quashed in July 1928 on the ground that the judge had not directed the jury about the irrelevance of Slater's previous character. Slater received £6000 (2009:£) compensation.
Aftermath
As an enemy alien, Slater was interned for a brief time at the start of World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. He died in 1948. Detective-Lieutenant Trench had died in 1919, aged fifty, and never lived to see Justice done.
The lessons of the Slater miscarriage were considered as late as 1976 by the Devlin Committee
Devlin Committee
The Devlin Committee was a UK committee based on the Devlin report of 1976, which looked at a number of criminal cases in order to draw conclusions on the method of visual identification of suspects. The committee was established to follow on from the investigations into the wrongful accusation of...
review on the limitations of identity parades.
In Glasgow rhyming slang See you "Oscar" rhymes Slater with later.
More recently, the Slater case has been revisited by several authors of non-fiction
Non-fiction
Non-fiction is the form of any narrative, account, or other communicative work whose assertions and descriptions are understood to be fact...
.