Rex v Wallace
Encyclopedia
R v Wallace [1931] 23 Cr App R 32 is a leading English
criminal case, famous as being the first occasion that a conviction for murder was overturned on the grounds that the verdict was "unreasonable, or cannot be supported, having regard to the evidence", as provided for by Section 4(1) of the Criminal Appeal Act 1907.
William Herbert Wallace
, an insurance agent, had been convicted at the Liverpool
Assizes
in 1931 of the brutal murder of his wife, Julia Wallace, and sentenced to death.
, a district of Liverpool several miles from Wallace's home in Anfield
. Wallace arrived at the chess club about 25 minutes after the phone call, and was informed of the message by the club captain, Samuel Beattie.
The following night Wallace left home at about 6.45pm, catching several trams to Mossley Hill. During his journey, and subsequent search, he inquired of numerous people — including a policeman — directions to "25 Menlove Gardens East", the address Qualtrough had given. It became apparent that while there were Menlove Gardens North, South and West, there was no Menlove Gardens East, and no trace of Qualtrough either. After spending about 45 minutes inquiring around the district, Wallace arrived home at about 8.40pm to find his wife bludgeoned to death in their parlour, and evidence of a bungled robbery.
The Police discovered that the telephone call had been made from a public call box only 400 yards from Wallace's home, and hypothesised that Wallace had made the call himself to create an elaborate alibi, and had in fact murdered his wife before leaving his house the following evening. However, no trace of blood was found on Wallace, although the killer would have been heavily bloodstained, and a milk-boy's testimony of seeing Mrs. Wallace alive sometime between 6.30pm and 6.45pm left Wallace scarcely enough time to kill his wife, clean himself up, and stage a robbery before catching his tram. The murder-weapon was not found, and no motive could be ascribed to Wallace in killing his wife. On the contrary, Wallace, 52, was in poor health, and his wife had fulfilled the role of companion and sometime nurse. They had been married 17 years and had no children. (Although contemporary reports indicated that Julia Wallace was the same age as her husband, recent research has proved that she was 17 years older than he was, and in fact was almost 70 at the time of her death.)
In the absence of other suspects, the Police charged Wallace with murder. (It is now known there was a more credible suspect — a young man and former colleague of Wallace's, with criminal propensities, who was familiar with the layout of Wallace's home and his insurance collections. Wallace and others in fact named him to the Police, but he appeared to have an alibi — an alibi that has subsequently been found to be compromised.)
At the committal hearing, several factual misstatements were made by the Prosecuting Solicitor, and these were widely reported in the local press. The feeling in Liverpool was anti-Wallace, and although the jury was selected from outside the city environs, they came from nearby towns, which could have been infected by prejudice. Wallace cut an austere, fusty figure, and his stoicism throughout his ordeal, combined with his intellectual hobbies of chess, botany and chemistry gave the impression to some of a cold, calculating killer who had contrived to commit the perfect murder.
Wallace was tried at St. George's Hall
at the Assizes in April, 1931. Edward Hemmerde
, KC
led for the Crown
, assisted by Leslie Walsh. Roland Oliver, KC, assisted by Sydney Scholefield Allen, led for the Defence
(instructed by solicitor Hector Munro of H.J. Davis, Berthen and Munro).
During cross-examination it became clear that the police surgeon had blundered, in not taking temperature to ascertain the time of death, and the Police had allowed the crime-scene to become cross-contaminated. Beattie, the recipient of the telephone message at the chess-club, who knew Wallace well, was unshakable in his opinion that the voice was not Wallace's.
There was general surprise when, after an hour's deliberation, the jury returned with a verdict of guilty.
Mr. Justice Wright, after pointedly omitting the customary thanks to the jury, passed the mandatory sentence of death on William Herbert Wallace.
No sooner had Wallace been sentenced to death, than public opinion started to swing in his favour. In a unique act, the Church of England
offered special prayers - "intercessions extraordinary" at Liverpool Cathedral
.
The Appeal was heard on 18 May and 19 May 1931 at the Royal Courts of Justice
, Strand, London
by Lord Chief Justice Hewart
, sitting with Mr. Justice Hawke and Mr. Justice Branson.
The ruling, delivered by Lord Hewart CJ said:
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
criminal case, famous as being the first occasion that a conviction for murder was overturned on the grounds that the verdict was "unreasonable, or cannot be supported, having regard to the evidence", as provided for by Section 4(1) of the Criminal Appeal Act 1907.
William Herbert Wallace
William Herbert Wallace
William Herbert Wallace was convicted in 1931 of the murder of his wife Julia in their home in Wolverton Street in Liverpool's Anfield district...
, an insurance agent, had been convicted at the Liverpool
Liverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...
Assizes
Assizes
Assize or Assizes may refer to:Assize or Assizes may refer to:Assize or Assizes may refer to::;in common law countries :::*assizes , an obsolete judicial inquest...
in 1931 of the brutal murder of his wife, Julia Wallace, and sentenced to death.
Facts
The case against Wallace was entirely circumstantial, with several curious aspects. The night before the murder a telephone message had been left for Wallace at his chess club, requesting that he call on "R.M. Qualtrough" at 7.30pm the following evening to discuss an insurance policy. The address given was in Mossley HillMossley Hill
Mossley Hill is a district of Liverpool, Merseyside, England and a Liverpool City Council Ward. It is located to the south of the city, bordered by Aigburth, Wavertree, Childwall and Allerton. At the 2001 Census, the Mossley Hill ward had a population which was recorded at 12,650.-Notable...
, a district of Liverpool several miles from Wallace's home in Anfield
Anfield, Liverpool
Anfield is a district of Liverpool, Merseyside, England and a Liverpool City Council Ward.-Toponymy:Originally common pasture land, the area had the name of Hanging-fields or Hangfield - the name originating from the deeply sloping nature of the terrain. The name was also frequently written as...
. Wallace arrived at the chess club about 25 minutes after the phone call, and was informed of the message by the club captain, Samuel Beattie.
The following night Wallace left home at about 6.45pm, catching several trams to Mossley Hill. During his journey, and subsequent search, he inquired of numerous people — including a policeman — directions to "25 Menlove Gardens East", the address Qualtrough had given. It became apparent that while there were Menlove Gardens North, South and West, there was no Menlove Gardens East, and no trace of Qualtrough either. After spending about 45 minutes inquiring around the district, Wallace arrived home at about 8.40pm to find his wife bludgeoned to death in their parlour, and evidence of a bungled robbery.
The Police discovered that the telephone call had been made from a public call box only 400 yards from Wallace's home, and hypothesised that Wallace had made the call himself to create an elaborate alibi, and had in fact murdered his wife before leaving his house the following evening. However, no trace of blood was found on Wallace, although the killer would have been heavily bloodstained, and a milk-boy's testimony of seeing Mrs. Wallace alive sometime between 6.30pm and 6.45pm left Wallace scarcely enough time to kill his wife, clean himself up, and stage a robbery before catching his tram. The murder-weapon was not found, and no motive could be ascribed to Wallace in killing his wife. On the contrary, Wallace, 52, was in poor health, and his wife had fulfilled the role of companion and sometime nurse. They had been married 17 years and had no children. (Although contemporary reports indicated that Julia Wallace was the same age as her husband, recent research has proved that she was 17 years older than he was, and in fact was almost 70 at the time of her death.)
In the absence of other suspects, the Police charged Wallace with murder. (It is now known there was a more credible suspect — a young man and former colleague of Wallace's, with criminal propensities, who was familiar with the layout of Wallace's home and his insurance collections. Wallace and others in fact named him to the Police, but he appeared to have an alibi — an alibi that has subsequently been found to be compromised.)
At the committal hearing, several factual misstatements were made by the Prosecuting Solicitor, and these were widely reported in the local press. The feeling in Liverpool was anti-Wallace, and although the jury was selected from outside the city environs, they came from nearby towns, which could have been infected by prejudice. Wallace cut an austere, fusty figure, and his stoicism throughout his ordeal, combined with his intellectual hobbies of chess, botany and chemistry gave the impression to some of a cold, calculating killer who had contrived to commit the perfect murder.
Wallace was tried at St. George's Hall
St. George's Hall, Liverpool
St George's Hall is on Lime Street in the centre of the English city of Liverpool, opposite Lime Street railway station. It is a building in Neoclassical style which contains concert halls and law courts, and has been designated by English Heritage as a Grade I listed building...
at the Assizes in April, 1931. Edward Hemmerde
Edward Hemmerde
Edward George Hemmerde, KC was an English rower, barrister and politician.-Education, the Law and family:Hemmerde was born at Peckham, south London, the son of James Godfey Hemmerde and his wife Frances Hope. His father was a bank manager and was with the Imperial Ottoman Bank. Hemmerde was...
, KC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
led for the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
, assisted by Leslie Walsh. Roland Oliver, KC, assisted by Sydney Scholefield Allen, led for the Defence
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
(instructed by solicitor Hector Munro of H.J. Davis, Berthen and Munro).
During cross-examination it became clear that the police surgeon had blundered, in not taking temperature to ascertain the time of death, and the Police had allowed the crime-scene to become cross-contaminated. Beattie, the recipient of the telephone message at the chess-club, who knew Wallace well, was unshakable in his opinion that the voice was not Wallace's.
Trial
The trial judge, Mr. Justice Wright, summed up for an acquittal:There was general surprise when, after an hour's deliberation, the jury returned with a verdict of guilty.
Mr. Justice Wright, after pointedly omitting the customary thanks to the jury, passed the mandatory sentence of death on William Herbert Wallace.
No sooner had Wallace been sentenced to death, than public opinion started to swing in his favour. In a unique act, the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
offered special prayers - "intercessions extraordinary" at Liverpool Cathedral
Liverpool Cathedral
Liverpool Cathedral is the Church of England cathedral of the Diocese of Liverpool, built on St James's Mount in Liverpool and is the seat of the Bishop of Liverpool. Its official name is the Cathedral Church of Christ in Liverpool but it is dedicated to Christ and the Blessed Virgin...
.
Court of Appeal
The prospects for Wallace's appeal were not good, however. Never before had the Court of Criminal Appeal overturned a conviction in a capital case on the ground that the verdict was "unreasonable...having regard to the evidence", and that was the only realistic ground of appeal available to Wallace.The Appeal was heard on 18 May and 19 May 1931 at the Royal Courts of Justice
Royal Courts of Justice
The Royal Courts of Justice, commonly called the Law Courts, is the building in London which houses the Court of Appeal of England and Wales and the High Court of Justice of England and Wales...
, Strand, London
Strand, London
Strand is a street in the City of Westminster, London, England. The street is just over three-quarters of a mile long. It currently starts at Trafalgar Square and runs east to join Fleet Street at Temple Bar, which marks the boundary of the City of London at this point, though its historical length...
by Lord Chief Justice Hewart
Gordon Hewart, 1st Viscount Hewart
Gordon Hewart, 1st Viscount Hewart, PC was a politician and judge in the United Kingdom.-Background and education:...
, sitting with Mr. Justice Hawke and Mr. Justice Branson.
The ruling, delivered by Lord Hewart CJ said: