Tag Archives: Murder

HOW A GHOST’S EVIDENCE CONVICTED A MURDERER

A1In July of 1897, Edward Stribbling (Trout) Shue was convicted of first-degree murder for strangling his wife and breaking her neck. Trout Shue’s trial, held in Greenbrier County, West Virginia, rested entirely upon circumstantial evidence that strangely proved Shue’s guilt—beyond a reasonable doubt—to jurors who were presented evidence from beyond the grave.

The “facts” included postmortem statements from Shue’s wife, Zona Heaster Shue, who was said to appear before her mother four weeks after death and reported what truly occurred in her murder. It was the first—and only—time testimony from a ghost was admitted as evidence in a United States Superior Court trial and it secured a conviction.

A10At 10:00 a.m. on January 23, 1897, twenty-three-year-old Zona Shue’s body was found by an errand boy. She was lying on the floor in their house, face down at the foot of the stairs, stretched with one arm tucked underneath her chest and the other extended. Her head was cocked to one side.

Trout Shue arrived home before the coroner, Dr. George Knapp, attended. Shue had already moved his wife’s body to their bed where he’d dressed her in a high-necked gown. As Dr. Knapp began examining Zona, Trout Shue exhibited overpowering emotions and cradled Zona’s head and her shoulders, sobbing and weeping. Dr. Knapp stopped his exam out of respect for the grieving spouse and signed-off the death to “everlasting faint”.

A14A traditional wake was held before Zona’s next-day burial and attendants noticed peculiar behavior from Trout Shue. When the casket was opened for viewing, he immediately placed a scarf over Zona’s neck as well as propping her head with a pillow and blanket. Shue then put on another spectacular show of grief and made it impossible for mourners to get a close look at her face.

Zona Shue was buried in the Soule Chapel Methodist Cemetery in Greenbrier County. Initially, everyone who knew the Shules accepted Zona’s death as not suspicious—except for her mother, Mary Jane Heaster.

Heaster disliked Shue from the moment they met and suspected foul play at hand. “The work of the devil!” Heaster exclaimed. She prayed every night, for four weeks on end, that the Lord would reveal the truth.

Then, in the darkness of night, when Mary Jane Heaster was wide awake, Zona’s spirit allegedly appeared.

A9It was not in a dream, Heaster reported. It was in person. First the apparition manifested as light, then transformed to a human figure which brought a chill upon the room. For four consecutive nights, Heaster claimed her daughter’s ghost came to the foot of her bed and reported facts of the crime that extinguished her life.

Zona’s ghost was said to reveal a history of physical abuse from her husband. Her death resulted in a violent fight over a meal the night before she was found. Trout Shue was said to have strangled Zona, crushing her windpipe and snapping her neck “at the first joint. To prove dislocation, Zona’s figure turned its head one hundred and eighty degrees to the rear.

A4Mary Jane Heaster steadfastly maintained her daughter’s ghost was real and Zona’s reports of the cause of her death were accurate. Heaster was so compelling in her paranormal description that she convinced local prosecutor, John Preston, to re-open the case.

Preston’s investigation found Trout Shue had a history of violence. In another State, he’d served prison time for assaults and thefts. He’d been married twice before—one other wife dying under mysterious circumstances. By now the Greenbrier community was reporting more peculiar behavior from Shue. He’d been making comments to the effect that “no one would ever prove I killed Zona”.

Combined with Coroner Knapp’s admission that he failed to conduct a thorough exam, Preston established sufficient grounds to exhume Zona’s body and conduct a proper postmortem examination.

A17Zona was autopsied by three medical doctors on February 22, 1897 with the official cause of death being anoxia from manual strangulation compounded by a broken neck. Bruising consistent with fingermarks was noted on Zona’s neck, her esophagus was contused, and her first and second cervical vertebrae were fractured. Anatomically, they’re known as the C1 Atlas and the C2 Axis which combines to make the first joint at the base of the skull.

An inquest was held and Trout Shue was summoned to testify. Although he denied being present at the time of Zona’s death and bearing culpability, he was unable to establish an alibi and considered an unreliable, self-serving witness. It was ruled a homicide and Trout Shue was charged with her murder.

A12Trout Shue’s first-degree murder trial began in Greenbrier Circuit Court on June 22, 1897. A panel of twelve jurors was convened who heard evidence from a number of witnesses, including Shue himself.

John Preston was reluctant to subpoena Mary Jane Heaster as a witness, fearing her ghost story would damage credibility. However, Shue’s defense lawyer opened that can of worms and called Zona’s mother to the stand. Evidently, it backfired.

A16

This verbatim excerpt is from the transcript of Mary Jane Heaster’s testimony. It’s still on record in the West Virginia State Archives:

Defense Counsel Question I have heard that you had some dream or vision which led to this post mortem examination?
Witness Heaster Answer It was no dream – she came back and told me that he was mad that she didn’t have no meat cooked for supper. But she said she had plenty, and said that she had butter and apple-butter, apples and named over two or three kinds of jellies, pears and cherries and raspberry jelly, and she says I had plenty; and she says don’t you think that he was mad and just took down all my nice things and packed them away and just ruined them. And she told me where I could look down back of Aunt Martha Jones’, in the meadow, in a rocky place; that I could look in a cellar behind some loose plank and see. It was a square log house, and it was hewed up to the square, and she said for me to look right at the right-hand side of the door as you go in and at the right-hand corner as you go in. Well, I saw the place just exactly as she told me, and I saw blood right there where she told me; and she told me something about that meat every night she came, just as she did the first night. She cames [sic] four times, and four nights; but the second night she told me that her neck was squeezed off at the first joint and it was just as she told me.
Q Now, Mrs. Heaster, this sad affair was very particularly impressed upon your mind, and there was not a moment during your waking hours that you did not dwell upon it?
ANo, sir; and there is not yet, either.
Q And was this not a dream founded upon your distressed condition of mind?
A No, sir. It was no dream, for I was as wide awake as I ever was.
Q Then if not a dream or dreams, what do you call it?
A I prayed to the Lord that she might come back and tell me what had happened; and I prayed that she might come herself and tell on him.
Q Do you think that you actually saw her in flesh and blood?
A Yes, sir, I do. I told them the very dress that she was killed in, and when she went to leave me she turned her head completely around and looked at me like she wanted me to know all about it. And the very next time she came back to me she told me all about it. The first time she came, she seemed that she did not want to tell me as much about it as she did afterwards. The last night she was there she told me that she did everything she could do, and I am satisfied that she did do all that, too.
Q Now, Mrs. Heaster, don’t you know that these visions, as you term them or describe them, were nothing more or less than four dreams founded upon your distress?
A No, I don’t know it. The Lord sent her to me to tell it. I was the only friend that she knew she could tell and put any confidence it; I was the nearest one to her. He gave me a ring that he pretended she wanted me to have; but I don’t know what dead woman he might have taken it off of. I wanted her own ring and he would not let me have it.
Q Mrs. Heaster, are you positively sure that these are not four dreams?
A Yes, sir. It was not a dream. I don’t dream when I am wide awake, to be sure; and I know I saw her right there with me.
Q Are you not considerably superstitious?
A No, sir, I’m not. I was never that way before, and am not now.
Q Do you believe the scriptures?
A Yes, sir. I have no reason not to believe it.
Q And do you believe the scriptures contain the words of God and his Son?
A Yes, sir, I do. Don’t you believe it?
Q Now, I would like if I could, to get you to say that these were four dreams and not four visions or appearances of your daughter in flesh and blood?
A I am not going to say that; for I am not going to lie.
Q Then you insist that she actually appeared in flesh and blood to you upon four different occasions?
A Yes, sir.
Q Did she not have any other conversation with you other than upon the matter of her death?
A Yes, sir, some other little things. Some things I have forgotten – just a few words. I just wanted the particulars about her death, and I got them.
Q When she came did you touch her?
A Yes, sir. I got up on my elbows and reached out a little further, as I wanted to see if people came in their coffins, and I sat up and leaned on my elbow and there was light in the house. It was not a lamp light. I wanted to see if there was a coffin, but there was not. She was just like she was when she left this world. It was just after I went to bed, and I wanted her to come and talk to me, and she did. This was before the inquest and I told my neighbors. They said she was exactly as I told them she was.

Now, whether jury members accepted Mary Jane Heaster’s ghost story as being credible, or if it made any difference to their interpretation of the facts, will never be known. And it’s on record the trial judge cautioned jurors about the reliability of circumstantial evidence:

A5“There was no living witness to the crime charged against Defendant Shue and the State rests its case for conviction wholly upon circumstances connecting the accused with the murder charged. So the connection of the accused with the crime depends entirely upon the strength of the circumstantial evidence introduced by the State. There is no middle ground for you, the jury, to take. The verdict inevitably and logically must be for murder in the first degree or for an acquittal.”

A6The jury was out for an hour and ten minutes before returning to find Trout Shue guilty of murdering his wife, Zona, in the first degree. He was sentenced to life imprisonment and died of an epidemic disease three years later.

I’d love to go back in time and be a fly on the wall during that deliberation. What they discussed in that sequestered room has long gone to the grave, but I find Mary Jane Heaster’s testimony about Zona’s fractured vertebrae to be downright spooky.

SOLVING THE 5,000-YEAR-OLD MURDER OF “OTZI THE ICEMAN”

A7In 1991, the mummified body of a 5,000-year-old murder victim was discovered in melting ice at a rock-gully crime scene high in the Italian Otzal Alps. Nicknamed “Otzi”, the estimated 45-year-old man and his possessions were incredibly well preserved. His skin, hair, bones, and organs were cryopreserved in time, allowing archeological researchers a phenomenal insight into human life in the Copper Age.

The frozen-in-time corpse also gave modern science the opportunity to forensically investigate and positively determine how Otzi The Iceman was killed.

A44On a sunny September day, two hikers were traversing a mountain pass at the 3210 meter (10,530 foot) level and saw a brown, leathery shape protruding from the ice amidst running melt-water. Closely examined, it was a human body which they thought might be the victim of a past mountaineering accident.

They reported it to Austrian police who attended the following day and quickly realized they were dealing with an ancient archeological site. A scientific team was assembled and, over a three-day period, the remains were extracted and taken to the Institute of Forensic Medicine in Innsbruck.

B9Such an incredibly valuable find soon led to a jurisdictional argument between the Austrian and Italian governments and an immediate border survey was done, finding Otzi had been lying ninety-two meters inside of Italian territory. Italy gained legal possession of the body and artifacts, however in the interests of science and history, everything was kept at Innsbruck until a proper, climate-controlled facility was built at the South Tyrol Museum of Archaeology in Bolzano, Italy, where Otzi the Iceman now rests.

Many, many questions arose. Who was he? Where did he come from? How long ago did he live? And, of course, what caused his death?

Technological advances over the past twenty-five years have answered some questions surrounding Otzi’s life and death and surely the next twenty-five will answer more. This, so far, is what science knows about the Iceman.

A6Otzi was found lying face down with outstretched arms in a protected, rock depression near the Finail Peak watershed at the top of the Tisenjoch pass which connects two forested valleys. The trench measured 40 meters (131 foot) long, between 5 and 8 meters (16–26 foot) wide, and  averaged 3 meters (10 feet) deep. For millennia, this area was covered by glaciers which, by the end of the twentieth century, had receded.

Four separate scientific institutes conducted C-14 radiocarbon dating on Otzi, equivocally agreeing he came from between 3350 and 3100 BC — more than 5,000 years ago. This was the oldest-known preserved human being; far older than the Egyptian and Inca mummifications or the corpses found pickled in peat bogs.

A8Something exceptionally unique about Otzi was that he was a “wet” mummy—an almost unheard of process for a cadaver of this age where humidity was preserved in his cells, unlike the intentional dehydration processes used in Egypt and Peru. As well, Otzi was perfectly intact and not dissected or embalmed by a funeral ritual. His entire body achieved a state of elasticity and, although shrunken, remained as in the day he died including vital clues stored in his digestive tract.

Researchers felt Otzi must have been preserved through a chain of coincidences. It was evident that no damage had been done by predators, scavengers, or insects so it was obvious that the body was covered by snow and/or ice immediately after death. Secondly, the gully lay perpendicular to the main ice flow, allowing the grinding action of the glacier to pass overtop. Thirdly, exposure to air and sunlight was only a brief period before being found by the hikers.

It was vital Otzi remain frozen to avoid an irreversible decomposition and remain intact to preserve his historical significance. This gave researchers limited ability to examine the cadaver as would be done in a conventional autopsy.

B3A thorough external exam was done in 1991 along with Xray radiography images. Notable was a cut to the back of the right hand which showed early signs of healing as well as breaks to the left ribcage, which had healed, and breaks to the right ribs which were fresh at the time of death. A depression in the skull was thought to be caused by the weight of ice compression and analysis of the only remaining fingernail found that the Beau-Reil Lines, which are like rings on a tree trunk, showed significant stress to his immune system in three periods—16, 13, and 8 weeks before death.

A46Other factors told of Otzi’s failing health—understandable for a 45-year-old in the Copper Age who’d then be considered elderly. He suffered from tooth decay, gum disease, and worn joints. What shocked the researchers were the amounts, designs, and placement of tattoos on Otzi’s body. There were 61 separate markings, all made by incisions and insertion of charcoal—not ink as has been used by other cultures for centuries. The locations were consistent with known acupuncture points as practiced for pain relief thought to be discovered by the Chinese two thousand years after Otzi’s existence. It seemed these markings were therapeutic, rather than symbolic.

Despite examination by many leading experts, no exact cause of Otzi’s demise was determined and it was speculated this old man may have fallen, injured himself, then succumbed to the elements. That was until new technology was developed.

A47One of the great challenges was to examine Otzi endoscopically—that is to look internally at his organs. Special high-precision titanium instruments were invented—steel probes that were inserted through tiny incisions in Otzi’s back. Using computerized navigational aids, the tools were guided to exact spots were evidentiary samples could be taken. This was recorded with a hi-definition camera and an entire 3-D map of the mummy’s thorax and abdomen was made.

Lung and digestive tract contents told a time-of-year travel story through the presence of thirty different pollens which entered Otzi’s body by the food he ate, the water he drank, and the air he breathed.

A48Most pollens were from trees and indicated he ingested them during a bloom in the late spring or early summer. The locations and digested states of different pollens in different sections of the stomach and intestines showed Otzi had made a climb from the valley floor to the top of the pass where he died within a twenty-four hour period. Pollens in the lower gastrointestinal tract were identified to low elevation trees and pollens in the upper GI were from higher elevation species.

So, it was known that Otzi had left the populated valley and headed for high country where he met his death. Speculation rose that he might have been fleeing some danger.

A3This theory strengthened in 2001 when new Xrays identified a small, flint arrowhead in Otzi’s left shoulder which was missed ten years earlier. A close examination of Otzi’s back revealed a two-centimeter slash and established the arrow’s path. He’d been shot from a rear and lower position.

In 2005, Otzi was put through a high-resolution, multi-slice CT scanning machine which enlightened the arrow wound. Clearly, the arrowhead had caused a one-centimeter gash in Otzi’s left subclavian artery which is the main circulatory pipeline that carries fresh oxygenated blood from the heart to the left arm. Such a serious tear would have caused massive internal bleeding and rapid death—probably within two minutes.

A49The CT scan showed something else. There was serious bleeding at the base of the brain which corresponded to the depression in Otzi’s skull. He’d suffered a serious head injury right at the time of death. With the cause of death now certain to be from a violent act of homicide, the prime question centered on the circumstances of how all this went down.

Researchers felt the answer may lay in the Iceman’s possessions.

A50Among the artifacts found on and around Otzi’s body were a copper ax, a flint dagger, a quiver with twelve blank arrow shafts and two completed arrows with stone heads. There was also winter clothing and supplies to support wilderness survival.

This speaks to motive, for if robbery was behind Otzi’s murder, it’s certain that the perpetrator(s) would have made off with these valuables. Glaringly missing was the shaft of the fatal arrow, especially in light of Otzi’s quiver arrows being perfectly preserved.

A51Egarter Vigl, a leading archeological expert on the Iceman, believes that the assailant tried to pull out the fatal arrow to destroy evidence, only to snap off the arrowhead inside. Vigl was quoted in the archeology magazine Germani, “telltale markings in the construction of prehistoric arrows could be used to identify the archer much in the way modern ballistics can link a bullet to a gun. The killer yanked out the arrow to cover his tracks. For similar motives, the attacker did not run off with any precious artifacts that remained at the scene, especially the distinctive copper-bladed ax; the appearance of such a remarkable object in the possession of a villager would automatically implicate its owner of the crime.”

I’d have to agree with Mr. Vigl, and I’d like to add an observation of my own.

A33In the hundreds and hundreds of dead bodies I’ve examined as a cop and a coroner, I’ve never seen a cadaver with its arms outstretched in a hyperextended position like how Otzi the Iceman was found. This is absolutely unnatural and shrieks to me that someone placed the arms in that position after death.

I think it’s safe to speculate on what might have happened and here’s what Otzi’s crime scene evidence suggests to me.

A52The day before Otzi’s death, he was in a physical altercation down at the village on the valley floor where he suffered the cut hand and possibly the broken right ribs. This caused him to pack up and flee, climbing to the elevated pass where he was overcome by his attacker(s) and shot with the arrow from behind and below. This wound would have put Otzi into hemorrhagic shock and he would have quickly collapsed and internally bled out. Following his collapse, the murderer(s) went up and caved-in the back of Otzi’s head to finish him off.

I don’t think this happened in the gully. I’ve looked at the scene photos and can’t envision how Otzi could have been shot from below in that tight gully, which is what the forensic evidence clearly shows on the arrowhead’s track through the body—even if Otzi were bending over.

A53No, I suspect Otzi was shot elsewhere, dragged by the arms, dumped in the gully with all his possessions, rolled over to remove the arrow, and then covered with ice and/or snow to hide the crime.

After 5,000 years, the answers to “By who?” and “For what reason?” are unlikely to be known—despite what future technology might bring—and the murder of Otzi the Iceman will always remain a really cold case.

*   *   *

For a fascinating look at the entire Otzi story, including exceptional photos, visit the official website www.Iceman.it at the South Tyrol Museum of Archaeology in Bolzano, Italy. Click Here

THE REAL JACK THE RIPPER

AA11Who was the real Jack The Ripper? The man who terrorized London in the fall of 1888 by butchering at least five prostitutes is the world’s most famous serial killer who’s never been caught.  What did the original investigation tell us about him and what has modern forensics learned about his true identity? 

The name originates from a letter sent to police by someone claiming to be the murderer and it was signed ‘Jack The Ripper’. Like so much in the Ripper case, it’s difficult to sort fact from fiction as evidence has been lost over time and many ‘facts’ are actually opinions by writers from the past century.

AA12Jack The Ripper has remained in the public’s fascination thanks to the mass of publicity that the murders originally received in the press. It was at a time of immense social change and the public were becoming more literate. As well, technology had advanced and allowed the immediate flow of information to the world. Readers followed the case daily as the cat and mouse game between the police and the Ripper appeared to play out in the newspapers. The mysteries surrounding this killer add to the romance of the story and create an intellectual puzzle that people still want to solve.

Interestingly, the series of murders stopped as abruptly as they started. Over the years, hundreds of books have been written about the Ripper and dozens of suspects have been named. No one was ever charged, however strong accusations are now made as the result of applying modern forensic techniques to hundred year old evidence.

First let’s look at the crimes. 

AA5It’s not clear how many women Jack The Ripper killed. Five for sure. Probably six. And possibly up to eleven murders that occurred in the Whitechapel area of London over a several year period. The nexus (connection) to the core group, known as the Canonical Five, comes from the killer’s unique MO (modus operandi) and the proximity in area and time in which the bodies were found. The victims were:

  1. Mary Ann (Polly) Nichols – murdered 31 August 1888.

  2. Annie Chapman – murdered 08 September 1888.

  3. Elizabeth Stride – murdered 30 September 1888.

  4. Catherine Eddowes – murdered 30 September 1888.

  5. Mary Jane Kelly – murdered 09 November 1888.

AA10All of the victims were killed in the dark and in isolated locations. Pathology confirmed they were first strangled to unconsciousness, then finished off with lacerated throats. The degree of mutilation varied. One only had her throat slit (it may be that the killer was interrupted and scared off) while the others were extremely mutilated with organs removed. There was no evidence of recent sexual activity indicating, as with most serial killings, violence was the key element.

There’s been much speculation that the killer had advanced medical knowledge and used precision instruments in his work. This is not the case when analyzed objectively. The original autopsy reports are publically available, all confirming that the incisions and organ extractions could be done by anyone with reasonable strength using a large butcher knife in a rage.

There were an unconfirmed number of taunting letters received by the police and the press from different people, with different handwriting, claiming to be the killer.

AA13The first was on September 25th and was signed ‘Jack The Ripper’. None of the letters are believed to be from the killer and none contained what would be ‘hold-back’ information, known only to the police and the actual killer. It’s certain that most were from media people fueling newspaper sales and some came from quacks.

The investigation was principly handled by the City of London police with Scotland Yard assisting. Hundreds of leads were followed and forensic techniques of the day were applied, mostly sketches and photographs. This was long before DNA science and even proper fingerprinting, so there’s no actual evidence or signature available to identify the perpetrator. Unfortunately, most of the investigation files and physical exhibits were destroyed during the Blitz in World War Two.

Three men were primarily identified as suspects.

AA15M.J. Druitt was a troubled barrister turned teacher who committed suicide a month after the last murder. Aaron Kosminiski was a Polish Jew who was locked in an asylum shortly after the murders and died in 1919. Michael Ostrog was the third police suspect, but the evidence against him was non-existent except that he was a demented con-man.

Many conspiracy theories popped up over the decades blaming the Freemasons, Irish extremists trying to terrorize the British, occultists, and even the grandson of Queen Victoria, Prince Albert Victor. A visit to Wikipedia finds a list of twenty-eight documented suspects – some quite a stretch.  https://en.wikipedia.org/wiki/Jack_the_Ripper_suspects

In 1988 the FBI did a psychological profile on Jack The Ripper, describing him pretty much as a white male with mommy issues. It’s an interesting read and can be downloaded here:  https://vault.fbi.gov/Jack%20the%20Ripper/Jack%20the%20Ripper%20Part%201%20of%201/view

AA4Recently, two books were published that profess to conclusively solve the Ripper mystery. One was by famed crime novelist Patricia Cornwell titled Portrait of a Killer – Jack The Ripper – Cased Closed. She identifies a tormented artist named Walter Sickert who undoubtedly penned a few of the Ripper letters and she makes a case at forensically proving his authorship. But she comes a long way from providing any link to his hands-on being the Killer and I’m surprised she stuck her neck out, given her prominence as a crime writer.

The second book is titled Naming Jack The Ripper. It’s by Russell Edwards who claims that he privately funded a research project which identified DNA linked to Aaron Kosiminski on a shawl associated to victim Catherine Eddowes. This molecular identification is seriously questioned by DNA experts, including the discoverer of the technique, Sir Francis Crick.

AA3And at this writing, August 2015, another forensic venture is underway in an attempt to solve the Ripper mystery. Dr. Wynne Weston-Davies claims in his new book The Real Mary Kelly that Jack The Ripper was actually Kelly’s husband who staged the first four murders in a set-up to hide his fiendish plan to kill his prostitute wife, making it look like a serial killer was at work. Weston-Davies has applied to the British Ministry of Justice for an exhumation order to dig up Mary Kelly for a DNA sample to support his belief that he’s Mary Kelly’s great, great nephew. How all that ties together, I’m not sure.

So who, really, was Jack The Ripper?

He remains a bogey-man from the shadows and it’s unlikely we’ll ever know his identity.