Twice Acquitted In Two Months

Auckland Star, Volume LXX, Issue 189, 12 August 1939, Page 9 (Supplement)

Twice Acquitted In Two Months

CRIMINAL history was made when, for the second time in two months, 2 5-year-old Norman Stephenson stood in the Old Bailey dock acquitted of murder, but found guilty of the manslaughter of a woman. Fingerprints nearly two years old and the acumen of a Scotland Yard officer led to Stephenson, under the name of Robert Dixon, being sentenced to 16 years'

penal servitude for the manslaughter of Mrs. Elsie Torchon, otherwise "French Marie," at her flat in Eluston Road, London, in August, 1937. After they had convicted Stephenson of manslaughter, the jury heard with astonishment that he was already serving a ten-year sentence for an "identical case"' at Newcastle. Mr. Justice Atkinson, passing sentence to run concurrently with this, told Stephenson: Jury Was In Ignorance "It is well for you the jury did not know your history." The fairness of the British legal system also prevented the jury from knowing how Scotland Yard had been methodically building up a against Stephenson since January of this year, when 56-year-old Catherine Chamberlain was found strangled on Castie Leazes Moor, Newcastle. A week after this crime Stephenson was arrested and charged with murder. The papers in the case reached the Criminal Kocords Office, where they were scrutinised by Detective-Inspector J. Duncan, who was struck by the similarity of method in the killing of Mrs. Chamberlain and the killing of "French Marie." At the "Yard" = this is known as the "modus operandi." Immediately an examination of the prints in '"the scenes of crime index" was made. Then an officer compared the prints found in "French Marie's" room with the prints of the man charged at Newcastle. They were identical. Instantly the machinery of the "Yard" was put into motion. Stephenson's movements at the time of the "French Marie" crime were in- \ estigated. and the police decided that they had enough evidence to charge him with murder. To avoid prejudicing Stephenson's at Durham Assizes, however, the \ard held its hand. In due course Stephenson was acquitted of murder, but found guilty of manslaughter, and sentenced to ten years' penal servitude. Stephenson, in his cell in Durham Oaol. knew nothing of Scotland Yard's interest in him until his cell dooi opened one day to admit Chief Inspector Drew. The next stage in the drama was a secret journey to London and an identification parade. Witnesses picked him out as the man they had seen with "French Marie" on the day of her death. Then came a charge of murder. But. to ensure that he should not be identified with the man sentenced at Newcastle. the police gave him the name of Robert Dixon. It was in this name that he faeed his trial at the Old Bailey. Mr. L. A. Byrne, prosecuting, related that "French Marie" was found strangled in her flat on August 16, 1937. The room was on fire and a radio was playing. Earlier that day. said Mr. Byrne. "French Marie" had been drinking in a public house in Fuston Road from 11.30 a.m. until 3 p.m. <«>

Fairness of British Legal System to Man Who Faced Two Murder Charges.

Dixon, in evidence, stated that be went to this public house about 2 pjca. '"French Marie" wag there, and signalled to him to meet her outside. They were both "pretty drunk/' He went with her to her flat, where they talked, sang and smoked cigarettes* When she told him to leave he knocked something over and then she started pushing him. He pushed her back and she fell. "I grabbed the ends of a silk scarf when I pushed her back," Dixon continued, '"'and I think it must have tightened. I fell with her when she fell

back. Mr. Derek Curtis Bennett, defending: Did you mean to do her any bodily harm when you pushed her back?— No." Dixon added: "When she fell back off the bed. her eyes shut and I thought she had fainted. I got up off the bed. had a drink out of a bottle and lit a cigarette." He had given 'Trench Marie" 5/. and afterwards he took it from her handbag. He took the from her neck and pushed the bottle between her lips to give her a drink, but it had no effect. He could not remember what he did with the cigarette end. Mr. Justice Atkinson questioned Dixon about the manner in which the scarf was wrapped round the wotnan's neck, and the way it tightened. Then the judge tied a long piece of red tape round the outstretched arm of his clerk and asked Dixon if that was the way the scarf was tied. Dixon replied that it was. Sir Bernard Spilsbury, who had givem evidence of finding depressions on '"French Marie's" neck, was recalled. Replying to Mr. Curtis Bennett, he said he did not suggest that the abrasions were caused manually. The mark round the neck was narrow, and must have been caused by something narrower than a scarf. He suggested string or a boot lace. The foreman of the jury pointed out that if one end of a scarf, knotted once, was pulled, the scarf would tighten definitely and quickly. The jury retired, and after an absence of an hour and 25 minutes returned and asked for further directions. Questions From Jury The foreman stated that, they were agreed that the strangulation was the result of a struggle in a state of anger. They wanted to know whether, if the motive were robbery, the verdict should be murder or manslaughter. Mr. Justice Atkinson explained that if there were stealing, the stealing was not from the person. It did not amount to murder. The jury, after a further re'tirement of two or three minutes, found Dixon not guilty of murder, but guilty of maaslaughter. Then Chief-Inspector Drew went into the witness-box. Stephenson, a single man, stated Chief - Inspector Drew, had 11 convictions dating from 1931. They included sentences for larceny, theft, and shopbreaking. The chief-inspector described his sentence at Durham Assizes in March this year for the Newcastle crime, and added: "The original charge was one of murder of a woman of a certain class by strangulation. It was given in evidence at the Assizes that he attempted another one at the same time. This brought to light the former case. "It was identical with this case; a scarf was used. "He said that the woman attempted to rob him on that occasion, but he lost his head, and pulled a scarf round her neck in the way he has described to-day. "He has done little work, and has been in and out of prison, then went back to Newcastle. He came out of prison on the morning he committed the offence in August in this particular case."