Consitutio Criminalis Carolina: Your Rights in a Torture Chamber

Time travel.

Time. Image from Pixabay.

The dangers of time travel

You have to admit you’ve at least thought about it before. What would it be like to fly back in time with a time machine?

What would you want to see? The dinosaurs? The life of Jesus Christ? A historical event you’ve been researching and have lingering questions about?

No matter which trip you select, it would be fraught with danger. The dinosaurs might snack on you. You could get caught in a war. If you plan to visit Renaissance Europe and walk around in your jeans and T-shirt, snapping pictures with your cell phone, you can plan on getting arrested. And in case you get marched into the torture chamber, you probably have no idea what your rights would be.

So just in case you find a time machine in grandpa’s attic and contemplate a trip back a few centuries in time to Europe, you’ll want some advice about the legal system – and your legal rights in the torture chamber.

I’m here to help you.

Time machine.

Stylized steampunk metal collage of time counting device. (c) donatas1205, via Shutterstock.com.

Judicial torture

First, some basic concepts.

Judicial torture – that means torture as a method of collecting evidence and not as a method of punishment – grew out of the Greek and Roman legal systems. By 1252, Pope Innocent IV approved its use in Roman-canon law. That meant it could be used in church procedures (think Inquisition).

When you set the dials on your time machine, your best country to visit, from a judicial perspective at least, would be England. Of all the European countries, England did not adopt Roman-canon law. Instead, it used a jury. Although the English juries evolved over time from investigating bodies to the modern juries we know today, they avoided the judicial torture of continental Europe. In all probability, the members of your English jury would figure out how to turn on your cell phone and get the fright of their lives. But they couldn’t put you on the rack to find out more about it.

As more modern legal systems began to replace the trial by ordeal in continental Europe, judicial torture found acceptance. In fact, people may have found torture not very different – or even a step up from – the medieval ordeals. Trial by ordeal was an ancient religious-judicial procedure to let God decide the case. It meant subjecting the suspect to a dangerous event, e.g. submersion in water. The court interpreted the suspect’s survival as God’s intervention to prove their innocence. Roman-canon law, then, represented an improvement. It increased your chances of surviving a trial.

Torture chamber with rack.

Torture chamber with rack. (c) Ozgur Guvenc, via Shutterstock.com.

Constitutio Criminalis Carolina

Now set the location dial on your time machine to the Holy Roman Empire and the year to 1532. That’s when Emperor Charles V enacted the Constitutio Criminalis Carolina, landmark legislation for criminal law. How is it that this statute, with an awful reputation so often associated with witch trials, actually advanced individual rights?

The Constitutio Criminalis Carolina incorporated many facets of Roman-canon law, but went ever further in balancing the state’s need for an investigation against individual rights. For the first time, a suspect in a criminal investigation had at least some rights against the excesses of the judicial system. The Constitutio Criminalis Carolina also contained some seemingly modern insights – it was the first law to distinguish between first and second-degree murder.

One small stroke from Charles’s pen, one giant leap for individual rights.

Constitutio Criminalis Carolina, front page.

Constitutio Criminalis Carolina. Cover page to a 1577 edition. Imprint: Frankfurt am Main, Johannem Schmidt. Verlegung Sigmund Feyerabends, 1577
By amtliches Werk (Scan from the original work) [Public domain], via Wikimedia Commons

Your rights under the Constitutio Criminalis Carolina

So what would have happened if you started walking around the Holy Roman Empire, snapping pictures, and got arrested? Here’s a small litany of your rights.

No torture without probable cause.

There had to be sufficient suspicion against you before the state could torture you for evidence. A “half-proof” was usually required. That meant half the evidence required to convict you. For example, the Constitutio Criminalis Carolina required two eyewitnesses or an eyewitness and a confession as full proof, so one eyewitness who claimed you committed the crime counted as a half proof and counted as probable cause for judicial torture.

No leading questions!

No leading questions! (c) Everett Collection, via Shutterstock.com.

No leading questions.

Leading questions in the torture chamber can lead to false confessions. Charles V recognized that as early as 1532. So the Constitution Criminalis Carolina banned leading questions. An interrogator could ask what kind of weapon was used in a murder, but not if it was a knife. He could ask where the body was hidden, not if it had been dumped in the local mill pond. And he could ask what your cell phone is supposed to do, but not if it’s an instrument of witchcraft.

The interrogator tried to elicit information only the perpetrator could know – a technique used today in modern law enforcement to weed out false confessions – and leading questions only got in the way.

Of course, it was difficult to enforce the rule. But many in many cases, the court gave the interrogator written questions ahead of time. And since the Carolina also required witnesses to be present in the torture chamber, it might have been more difficult to get around the prohibition against leading questions than many assume.

Corroboration of a confession.

Even if you did confess, the court couldn’t use that against you without corroboration. Pain might lead a witness to say anything. So if you confessed to something specific only the perpetrator could know, let’s say dumping a body in the local mill pond, the court would require the investigator to check it out.

That’s exactly what happened in a murder-robbery case in Germany’s Rhine Valley in the 18th century. When an accessory to the crime reported that the principals dumped the body in a pond, the investigators were required to dredge it. They couldn’t find the body. Normally, then, there wouldn’t have been enough evidence to convict the accessory. In this case, the court did convict the accessory but based on other evidence.

Compensation if tortured illegally.

Here’s a good one. If you could prove you were examined under torture in violation of the law, you were entitled to compensation. Section 20 allowed you to sue the officials who tortured you illegally. Section 20 also eliminated any defense on the officials’ part based on your having waived your rights.

Safe time traveling

Of course, I hope you’re never subjected to torture and that you enjoy your time travels without any legal entanglements. Despite its advances in individual rights, the Constitutio Criminalis Carolina remains abhorrent for its use of torture. Thankfully, Europe abolished torture by the beginning of the 19th century.

The assassination in my book offers some interesting time traveling in this respect. The Kingdom of Württemberg, where the murder took place, abolished torture in 1809. The murder was in 1835. But Württemberg didn’t get around to abolishing the Constitutio Criminalis Carolina until 1843! That means the assassination in my book was one of the last great crimes investigated under the centuries-old law. And it also means that the investigator had to try to prove the case under the old evidentiary system of proof requiring two witnesses or one witness and a confession. Württemberg didn’t recognize circumstantial evidence until 1839 when it adopted a new criminal code.

No wonder, then, that the solution to this case came from America!

You can pick up my book, Death of an Assassin, and enjoy some safe time traveling. And I promise the dinosaurs won’t eat you.

Prehistoric times. Image from Pixabay.

Literature on point:

Clemens-Peter Bösken, Das Ende der grossen rheinischen Räuber- und mörderbande: Der Düsseldorfer Sicehenprozess von 1712 (Erfurt: Sutton Verlag, 2011).

Constitutio Criminalis Carolina (partial translation)

John H. Langbein, Prosecuting Crime in the Renaissance: England, Germany, France (Harvard Univ. Press, 1974).

John H. Langbein, Torture and the Law of Proof: Europe and England in the Ancien Régime (Univ. of Chicago Press, 1977).

Wolfgang Schild, “ ‘Von peinlicher Frag’: Die Folter als rechtliches Beweisverfahren,” Schriftreihe des mittelalterlichen Krimminalmusuems Rothenburg o.d.T., Nr. 4 (1999).

Read More

Mary Todd Lincoln’s Castle Ghost in Germany

Mary Todd Lincoln

Mary Todd Lincoln, 1860-1865. Brady-Handy Photograph Collection (Library of Congress). Public domain.

Germany as a haven after the Lincoln assassination

One of the lesser known aspects of the Lincoln assassination is the aftermath that played out in Germany. All the surviving occupants of the presidential box at Ford’s theater ended up moving to Germany. Mary Todd Lincoln and her son Tad lived in Frankfurt from 1868 to 1870, and Henry Rathbone moved to Hanover with his wife Clara and children in 1882 when the president appointed him U.S. Consul there. [Rathbone then became involved in a true crime himself. He murdered his wife a year later in Hanover – but that will be the subject of another post.]

I enjoy following the Lincoln and Rathbone sojourns in Germany because I live here, speak the language, and can research them. And that’s why a letter from Mary Todd Lincoln about a castle ghost caught my eye. There’s a possible mistake in there that’s leaked out into the biographical literature and I hope to point it out with this post.

Hohenzollern castle on a 19th-c. postcard

Hollenzollern castle on a 19th-century postcard. Was this the haunt of Mary Todd Lincoln’s castle ghost? Library of Congress Prints and Photographs Division, public domain.

 

Mary Todd Lincoln in Germany

Mary stayed at the Hotel d’Angleterre in Frankfurt while Tad attended boarding school nearby. By February, Frankfurt had gotten too cold for her and she decided to travel to the Mediterranean. Along the way, she stopped at the spa town of Baden-Baden in the Rhine Valley. Once she reached Nice, France, Mary penned a letter to her friend Eliza Slataper, a member of the Lee family in Virginia:

En route to Nice, I stopped for a day or two at Baden to see a lady from America, who resides most of the time in Europe. We visited a castle near Baden, where the veritable “White Lady,” is said, delights most to dwell, and where Napoleon signed his memorable treaty, in roaming the immense building, I said to our two attendants “have you ever seen her” – to which, of course, they both replied – “We often do.” As you know, Germans are very superstitious, and from the King of Prussia, down to his humblest subject, believe in her frequent appearance.*

The white lady appearing to the Prussian king.

“The white lady appearing to King Frederick I in 1713 shortly before his death.” Lithography by Ludwig Löffler, 1851 [Public domain], via Wikimedia Commons.

Mystery of Mary Todd Lincoln’s castle ghost

Who or what was Mary Lincoln’s castle ghost? And where was the castle the white lady haunted? The answer is elusive.

One biography identifies the castle as the Hohenzollern castle in the Province of Hohenzollern. The royal family of Hohenzollern fits nicely to the white lady story. Kunigunde von Orlmünde, a widowed mother, she was engaged to marry another member of the Hohenzollern family, but thought her children came between herself and her fiancé. So she stabbed her children’s skulls with a needle and killed them. Later she sought repentance in Rome and entered a convent, where she died in 1351. According to legend, her ghost appeared throughout history to various members of the Hohenzollern family before they died, including the King of Prussia. Thus, Mary’s mention of the king in her letter appears to be a reference to the white lady of the Hollenzollern dynasty.

But the Hohenzollern castle as the dwelling for Mary Todd Lincoln’s castle ghost presents some problems. Several Prussian castles, including Berlin, Kulmbach, Rudolstadt, and Bayreuth, belong to the white lady’s traditional haunts, but I can’t find a reference to her ever spooking the Hohenzollern castle itself.

Hohenzollern castle.

The Hohenzollern castle as it appears today. Pixabay.

Problem of distances

There’s yet another reason why Hohenzollern can’t be the home of Mary Todd Lincoln’s castle ghost. It’s too far away. Baden-Baden lies on the west side of the Black Forest. To travel from Baden-Baden, Mary would have had to cross or skirt the Black Forest mountain range from the Grand Duchy of Baden into the Kingdom of Wurttemberg, and from there cross the Neckar Valley to the east and travel up into the Prussian Province of Hohenzollern on the Swabian Alb plateau. That was 44 miles as the crow flies, but at least 68 miles on the road, and three different countries.

Mary and her friend couldn’t have saved time by travelling by train, either. The Zollenalb train line connecting Tübingen to Hechingen (the nearest town to the castle) didn’t open until June 29, 1869, several months later. The women would have had to have completed at least part of the trip by horse and carriage. The journey, then, would have been too long to fit in as a side trip during a one to two day visit to Baden-Baden.

Baden-Baden was a popular tourist destination for Americans in the 19th century.

Baden-Baden was already a popular tourist destination for Americans in the 19th century. Baden-Baden Lichtentaler Allee. (c) Baden-Baden Kur & Tourismus GmbH, with permission.

Napoleonic treaty riddle

Mary’s other clue, that Napoleon signed a treaty at the castle, doesn’t help either. Napoleon, as far as I can determine, never signed a treaty at the Hohenzollern castle nor at any other castle in southwestern Germany. Mary might have been confused on that point. Please correct me if I’m wrong and leave a comment if you know what Mary might mean by  Napoleon’s castle treaty.

Hohenbaden castle

The Hohenbaden castle offers a better location for Mary Todd Lincoln’s castle ghost. Pixabay.

Hohenbaden castle and the gray lady

A prime location for Mary Todd Lincoln’s castle ghost would have been the Hohenbaden castle right next to Baden-Baden – one of the city’s major tourist attractions – and a very manageable side trip from town. The Hohenbaden castle doesn’t have a white lady, though. It has a gray one. And her story would have been far more intriguing to Mary Todd Lincoln.

The margravine who lived in the castle and became the gray lady after her death was a different kind of a mother than the white lady of the Hollenzollerns. By all accounts, she loved her baby son more than anything in the world. One evening, she wanted to show him his inheritance. She took him up a high tower and held him out over the balustrade to show him all the villages, fields, and farms over which he would one day rule. But he slipped out of her hands and tumbled down the castle walls and cliffs. Panicked, the margravine rushed down all the castle steps to search the ground below the cliffs. Although she had all her servants and maids help her, she never found her little boy’s body again. The margravine died in grief. Now, according to the Baden-Württemberg’s official website for its castles and gardens, she haunts the castle. You can still hear the margravine wailing as the wind whips the crevices in the cliffs, and at midnight, her gray-clad apparition drifts from room to room, her long white hair waving about her face.

Mary, who herself had two sons slip through her fingers into eternity, would have related much more to the mourning gray lady than the murderous white one. Might her memories of Edward and Willie have prompted her questions to her tour guides?

Gray lady in folklore

Although gray lady ghosts aren’t as common as the white ones, they do pop up in 19th-century literature. The gray lady of Caputh is another example, as is Maillais’s “Grey Lady” in Scotland. By 1846, a poem about the gray lady of Hohenbaden appeared in a collection of Baden legends. To give you a taste, I’ve translated the first four lines:

 

Habt ihr gehört von der grauen Frau
Im Bergschloß Hohenbaden?
Bethört von finstrer Macht, dem Gau
War sie zu Schreck und Schaden.**

Have you heard of the lady gray
In Hohenbaden’s cliffside palace?
Bewitched by darkness, she steals away
To spew her fright and malice.

 

The poem underscores the fame of the gray lady by the time Mary visited Baden-Baden in 1869. Today, the castle’s website describes the gray lady as the most famous of the castle’s legends. The ghost could have easily become a subject of the castle tours by the time Mary visited in 1869.

Hohenbaden castle grounds

Did Mary Todd Lincoln walk these grounds? Hohenbaden castle by (c) Yakovlev Sergey, Shutterstock.com, with permission.

Hohenbaden as the better choice

It’s possible that Mary got the color of the ghosts mixed up by the time she reached Nice and wrote her letter. Even the names of the castles are quite similar, Hohenzollern and Hohenbaden. That might have confused her in any conversations or reading on the topic.

Nevertheless, the Hohenbaden castle, for its proximity to Baden-Baden and a ghost story that matches Mary’s letter, offers a far better alternative than Hohenzollern for Mary’s side trip destination and the haunt of Mary Todd Lincoln’s castle ghost.

The question of where she thought Napoleon signed his “memorable treaty” remains open and offers a way to solve the riddle of Mary’s destination. My cursory survey of the treaties Napoleon I and III signed didn’t turn up anything in a southwestern German castle. Knowledge, however, is a cumulative and cooperative effort, and perhaps a reader knows more about the topic than I do. Please leave a comment if you can contribute. In doing so, you’ll also augment Mary Todd Lincoln’s biography.

You might also enjoy reading about Mark Twain’s visit to Baden-Baden several years later and his encounter with the Prussian empress or two posts on Frederick the Great, a member of the Hohenzollern dynasty: How Frederick the Great’s Sword Helped Spark the Civil War and The Five Greatest Criminal Trials of History, which covers his judgment in the trial of the miller Arnold.

Literature on point:

Baden-Württemberg, Städtliche Schlösser und Gärten, “Ein Geist im alten Schloss: Die graue Frau,” Altes Schloss Hohenbaden.

Betty Boles Ellison, The True Mary Todd Lincoln: A Biography (Jefferson, NC: McFarland, 2014).

Jan von Flocken, “Die weiße Frau – ein Gespenst macht Geschichte,” Welt (Oct. 7, 2007).

**Ignaz Hub, “Die Graue Frau von Hohenbaden,” in Badisches Sagen-Buch II, August Schnezler, ed. (Karlsruhe: Creuzbacher & Kasper, 1846), 180-184.

*Mary Todd Lincoln to Eliza Slataper, Feb. 17, 1869 (in Turner, 26-27).

Literarisches Colloquium Berlin, “Die graue Frau,” Literatur Port (2015) [gray lady of Caputh].

Stephanie Graham Pina, “The Grey Lady,” Pre-Raphaelite Sisterhood (April 19, 2017).

Justin G. Turner, “The Mary Lincoln Letters to Mrs. Felician Slataper,” Journal of the Illinois State Historical Society 49(1):7-33 (Spring 1956).

Read More

The Köchert Diamond Heist: An Interview with Author Jennifer Bowers Bahney

Sisi and her stars

Empress Elisabeth, “Sisi,” and her famous stars, one of which was stolen in the Köchert Diamond heist. Franz Xaver Winterhalter [Public domain], via Wikimedia Commons

A daring jump

The night lights of Vienna swayed 12,500 feet beneath him as Gerald Blanchard perched at the airplane hatch. Once the Schönbrunn Palace came into sight, he signaled the pilot to slow down. Then Blanchard adjusted his parachute one last time. A nighttime jump to a city roof counted among the most dangerous types of skydives, but Blanchard was no ordinary thief. The theft he was about to accomplish – the Köchert Diamond heist – has taken its place among the most daring jewelry thefts ever.

The day before, he’d taken a palace tour. On display glittered Austria’s most famous jewel, the last remaining Köchert Diamond, one of the jeweled stars Empress Elisabeth used to wear in her hair. Blanchard hatched a plan to steal it.

An expert at analyzing weaknesses in security systems, Blanchard lingered behind the tour group, videotaping the room and making preliminary preparations. From the roof, he decided. Whoever planned the palace security system didn’t that method of entry into account.

Blanchard then contacted a friend of his, a German pilot, to fly him over the city that night for the jump. Once inside the palace, he dismantled the display case and switched out the diamond with a replica he’d purchased in the museum shop.

A crime that touched history

He may not have known it, but as his hand touched the diamond, Blanchard’s 1998 crime converged with one of Europe’s greatest 19th-century crimes. The only woman to ever have worn that star, the Empress “Sisi,” fell victim to an assassin’s knife in 1898.

Jennifer Bowers Bahney’s new book, Stealing Sisi’s Star: How a Master Thief Nearly Got Away with Austria’s Most Famous Jewel, masterfully weaves the Köchert Diamond heist and the royal assassination into a compelling story. She joins us today for an interview about both of them.

Welcome, Jennifer!

Interview with Jennifer Bowers Bahney

Jennifer Bowers Bahney.

Author Jennifer Bowers Bahney, with permission.

What is Sisi’s Star and why is it so famous?

Empress Elisabeth of Austria, known as Sisi, loved her ankle-length hair and went to great pains to care for and dress it. She had a personal hairdresser who spent nearly three hours each day braiding it into intricate updos. Once, when Sisi was at the theater, she saw an actress with jeweled stars pinned throughout her hair, and Sisi decided that she would commission her own “hair stars” from the royal court jewel firm, Köchert. The jeweler created 27 ten-pointed stars for Sisi to pin throughout her braids featuring 30 graduated diamonds and a large center pearl set in white gold. (The hair star I write about in the book is known as the Köchert Diamond Pearl). When being painted for her state portrait in 1865 (“Empress Elisabeth in a Star-Spangled Dress” by Franz-Xaver Winterhalter), Sisi wore the stars in place of an old-fashioned tiara. The decision was considered very fashion forward and original.

Why was only one left in 1998?

Sisi actually had several sets of hair stars created, some versions were all diamonds without center pearls. Different sets were bequeathed to relatives (her grand-daughter, Erzsi, received a full set for her wedding after Sisi’s death). After World War I, when the Habsburg monarchy was disbanded, many formerly-titled royals broke down their jewelry and sold the gems piecemeal since they no longer received income from the state. This may have been the fate of many of the stars. There may also be a forgotten set locked away in a vault somewhere in Europe. A private collector who owned the last known Köchert Diamond Pearl lent it to Schönbrunn Palace in Vienna in 1998 to commemorate the 100th anniversary of Sisi’s assassination.

You compare the Gerald Blanchard, the man responsible for the Köchert Diamond heist, to James Bond. Why?

Skydiver

Skydiving at night requires special skills. Pixabay.

Gerald Blanchard is a real genius with the unique ability to size-up security systems and figure out how to successfully dismantle them. He was also one of the first thieves to use modern technology like pin-hole cameras, listening devices and computers to perpetrate his crimes. The Canadian police I spoke to said they had never seen anyone take so much time, effort, and patience to complete his crimes. For the Sisi Star theft, Blanchard said he parachuted onto the roof of Schönbrunn Palace in the dead of night, slipped inside, evaded the motion sensors and security guards, and plucked the star from a weight-sensitive pedestal. To me, his actions played like a James Bond film!

How did you get Blanchard to talk to you about his theft of Sisi’s Star?

I contacted a journalist named Josh Berman who wrote a story on the Sisi Star theft for Wired Magazine. He gave me Blanchard’s email address, which was something like a bunch of random numbers @hotmail.com. I sent an email introducing myself, telling him that I was writing a book, and asking him to contact me. I waited several days and heard nothing back. So, I decided to appeal to his vanity. I sent another email telling him that I spoke to an authority at Schönbrunn who didn’t believe he pulled off the crime the way he said he had; the official thought Blanchard had inside help and wasn’t the “James Bond character” he wanted everyone to believe he was. I told Blanchard that only he could clear this up for me. I got a fairly immediate email back with a phone number saying, “call me.”

What surprised you most about Blanchard?

I think I was surprised by his humanity. He seemed like a very nice, very intelligent person who grew up on the “wrong side of the tracks” and discovered he had a talent for theft. He bought his mother a home with some money he stole when he was a teenager. And he took more jail time later in life so that his accomplices wouldn’t have to serve any. By the end of the Sisi Star caper, all of the Canadian cops seemed to really like him. So, he definitely wasn’t an uncaring psychopath and his crimes never turned violent. But I think he was a narcissist who had to become his own best champion because he didn’t receive the safety and stability he needed as a kid. He had learned to use his extraordinary intelligence and talents to take care of himself.

Schönbrunn Palace, site of the Köchert Diamond heist.

Vienna’s Schönbrunn Palace, site of the Köchert Diamond heist. Thomas Wolf, www.foto-tw.de [CC BY-SA 3.0 de], via Wikimedia Commons

Was the German pilot ever identified?

Not to my knowledge. Blanchard is trying to get a movie made of his life, so we’ll see if he gives up the pilot in the future!

Empress Elisabeth (Sisi) is often compared to Princess Diana. In what ways were they similar?

Both women were born noble, and were very young and sheltered when they married into top-tier monarchy. Both had a difficult time coping with their mothers-in-law and their new positions in the limelight; they were both considered “difficult” and both suffered from eating disorders. Interestingly, Sisi spent time at Althorp House where Lady Diana would one day grow up. There may have been a portrait of Sisi somewhere on the estate as a gift given during one of her many riding excursions with Earl Spencer, so Diana may have been familiar with Sisi’s reputation as “the most beautiful woman in the world.”

In what ways was Sisi like her Wittelsbach cousin, Ludwig II of Bavaria?

Both Sisi and Ludwig considered themselves to be “otherworldly creatures” who were misunderstood by the average people. They loved poetry, theater, and being around other beautiful people. Both suffered from “melancholy,” or depression. Madness in all its forms was said to be the “Wittelsbach Curse.”

What do you like most about Sisi?

This is a tough one. I like her creative mind, her independent spirit, and her originality, but I did not like her selfishness and her refusal to help her husband when he needed her most. He was under tremendous political stress, and there are many “public relations” moves she could have initiated to have bolstered the opinion of the monarchy in the eyes of the people. Concurrently, she could have used her great fame to help the people more — just like Princess Diana did with AIDS patients and land mines. Sisi visited a cholera hospital and a mental ward here and there, but was never known for her “service” to the people. I also think it’s tragic that she didn’t have a better relationship with her children. She rarely interacted with Gisela, who was married off at 16; never tried to understand her son, Rudolf, who committed suicide; and smothered her youngest daughter, Marie Valerie with overwhelming love and guilt. My new book takes a look at Marie Valerie’s life and quotes quite a bit from her diary where she expresses dismay at her mother’s behavior.

How was Sisi assassinated?

Sisi was staying at the Beau Rivage Hotel in Geneva, Switzerland, and was walking along the quay toward a steamer ship to her next destination when she was stabbed by an anarchist. Everyone thought she was OK at first, but she slowly bled to death internally. Sadly, Sisi always refused a police escort or bodyguards in her attempt to remain independent. She thought she was traveling incognito, but everyone knew who she was. Also, the anarchist had been simply looking for anyone of royal blood to kill in order to make a statement, and Sisi just happened to cross his path at the wrong time.

What is Blanchard doing today?

Blanchard served his time for the crimes that caused him to turn over the Sisi Star, then changed his name to Rick White and worked as a cable installer for a time in Canada. Today, he seems to travel a lot to Asia and he has a penchant for drones and posting his exploits as Rick White on social media.

Did Austria ever prosecute him for the Köchert Diamond heist?

Austria never prosecuted Blanchard for stealing the Sisi Star, probably because they never had enough evidence against him. In fact, had it not been for the Canadian Police who caught him for another international crime, the star might still be hidden away in a very unlikely hiding spot.

Stealing Sisi's Star, book cover.

Book cover, courtesy of Jennifer Bowers Bahney.

Thank you, Jennifer!

If you want to read how Blanchard avoided the motion detectors and display case alarms in the palace, and how Canadian authorities finally caught him, you’ll need to read the book. I don’t want to give everything away.

Literature on point:

Jennifer Bowers Bahney, Stealing Sisi’s Star: How a Master Thief Nearly Got Away with Austria’s Most Famous Jewel (Jefferson, NC: McFarland, 2015).

Merken

Read More

Charms that Excused Perjury: A 19th Century Detective’s List

A witness testifying under oath

A witness testifying under oath. By bikeriderlondon, Shutterstock, with permission.

Is the witness lying?

It’s an important question for a detective – a train switch that can change the course of the investigation. Modern detectives can rely on lie detectors and subtle clues in body language. They get training based on sophisticated psychological research.

In the 19th century, a detective had to rely on his or her knowledge of human nature. A common technique was to question a witness over and over again to see if the story remained consistent. Detectives still do that today.

Crossing the fingers behind one's back was one of the charms that excused perjury.

Crossing the fingers behind one’s back was one of the charms that excused perjury. Photo from Pixabay.

But because folklore and superstitions about perjury ran rampant in bygone eras, detectives had to watch out for a whole list of things that would never occur to a modern detective. Witnesses used talismans or charms that excused perjury in the eyes of God – similar to a witness crossing his fingers behind his back. They thought these tricks negated the consequences of lying and absolved a perjurer from any moral and legal consequences. Just as a detective today would question the veracity of a person with crossed fingers behind his back, a 19th century detective had a list of folklore tricks to watch out for; they indicated the witness was lying.

Hanns Gross, father of modern criminology.

Hanns Gross, father of modern criminology, public domain.

 Charms that excused perjury

Hanns Gross, the 19th century Austrian professor and father of criminology, researched folklore about perjury and wrote about it in his landmark handbook for investigators. Austrian detectives put witnesses under oath when they interrogated them, but they needed to keep a sharp eye out for the tricks a witness might use to wiggle out from the weight of the oath. Here are some of them:

 Bird eyeballs

The eyes of two European birds, the hoopoe and lapwing, were supposed to bring luck in court. A person carrying them on their chest became “beloved.” In the courtroom, that meant one could escape from the consequences of the oath and lie even if sworn. The eyeballs would help the judge to view the witness’s case favorably.

Folklore ascribed magical powers to the hoope's eyeballs.

Folklore ascribed magical powers to the hoopoe’s eyeballs. Pixabay.

 Bones of one’s own child

Carrying the bones of one’s own deceased child supposedly excused perjury. Gross doesn’t mention how people obtained the bones. My mind doesn’t even want to go there. But the presence of a bone on a witness’s person should have been enough to arouse the detective’s suspicion.

 Bent thumbs

“Pressing” the thumbs is the German equivalent of the English crossing of the fingers; it’s supposed to bring luck. Bending the thumbs during testimony is another variation. Austrian detectives needed to watch out for witnesses employing this trick.

 Actions with the left hand

Putting your left hand on your side, making a fist with it, stretching out your left fingers, or holding your left hand backwards supposedly balanced out the right hand’s gestures in taking the oath. Left hand activity signaled possible charms that excused perjury to the astute 19th century detective.

 Actions with the mouth

According to folklore, spitting following taking an oath negated the oath. So did a gold piece under the tongue or seven pebbles in the mouth.

 Twisting the pants button

Twisting one’s pants button was another one of the charms that excused perjury Hanns Gross encountered. Witnesses did it while taking the oath to nullify its consequences.

Mistletoe in the shoe? That was one of the 19th century charms that excused perjury.

Mistletoe in the shoe? That was one of the 19th century charms that excused perjury. Pixabay.

 Mistletoe in the shoe

Mistletoe is for much more than kissing during the Christmas season. If you put it in your boot, on the sole, when you gave sworn testimony, it protected you from the consequences of your perjury.

 Burial shroud

The southern Slavic culture, according to Professor Gross, viewed parts of the burial shroud as charms that excused perjury. Carrying the clothing that bound the deceased’s chin, especially if it was still knotted, had magical powers that prevented the court from detecting or punishing perjury. Wearing the part of the shroud that bound the dead man’s feet in our own shoe had the same effect.

Watch out for a burial shroud in court.

Watch out for a burial shroud in court. Pixabay.

 Raising the right leg

In the Turkish culture, raising the right leg while taking an oath negated the oath and allowed the person to commit perjury.

 Can you add to this list about charms that excused perjury? Or superstitions about lying in general?

Literature on point:

Hanns Gross, Handbuch für Untersuchungsrichter (Graz: Leuschner & Lubensky’s, 1899) 372-373.

Johann Gotthold Kunstmann, The Hoopoe: A Study in European Folklore (Dissertation, Univ. of Chicago, 1938) 14

Ministry of Culture and Tourism, Republic of Turkey, Superstitions

 

Read More

Hoots, Crows, and Whistles: Criminals Using Animals Calls as Secret Signals

Little Owl calls were among the common animal called imitated by criminals.

European criminals liked to imitate the Little Owl. Little Owl from Pixbay, public domain.

A Little Owl’s cry pierced the night. It rebounded through the neighborhood, and from the other side of the house, a man dressed in black heard it. Lifting his hands to his mouth, he imitated a Yellow-bellied Toad. The man who’d made the owl cry smiled. His lookout was now in place. He slipped through the shadows to the back door, picked the lock, and crept into the darkness of the home.

A burglar picking a lock.

Burglary. Pixbay, public domain.

Criminals using animal calls as secret signals are a recurring theme in literature. “Hoot twice like a barn-owl and once like a screech-owl,” the dwarves told Bilbo when he burglarized the trolls in Tolkein’s The Hobbit. The signal was not only supposed to let the dwarves know if Bilbo was in trouble. Criminals used animals calls to localize and identify each other.

The trolls were turned to stone in The Hobbit.

The trolls were turned to stone in The Hobbit. Photo from Pixbay, public domain.

Animal Calls in Criminology

But does the burglar-animal call motif have any basis in history? Definitely, says Hanns Gross, the 19th century Austrian father of criminology.

“Contact calls” consist almost exclusively of animal imitations, especially of those animals that make noises at night. Of course, people committing a robbery in the woods or approaching a home for a burglary don’t call to each other by name or make any noise that would attract attention. An animal call, especially when well imitated, is never suspected, and when the criminals agree in advance [who will make which animal call], the calls are as clearly understood as the names themselves.

A rooster? That's among the animal calls no one suspects.

A rooster? That’s an animal call no one suspects. Photo from Pixbay, public domain.

 The rooster’s crow, the quail’s rhythmic whistling, and near water, frogs or the Yellow-bellied Toad, are all imitated, but owl hoots are the most popular of all. Owls are everywhere, in the woods, fields, mountains, swamps, in isolated areas, and close to human habitation. No one questions the hoot of an owl early in the evening or before dawn; hunters even use hoots in broad daylight when summoning each other in the woods. Although animals don’t fear an owl hoot, men have a superstitious dread of it; on hearing an owl hoot they would sooner stop their ears than watch their pockets. Based on how far apart the accomplices are, a Scops Owl or Little Owl hoot is used…. The Little Owl is used for greater distances.

Owl calls. Gross at p. 278.

Hanns Gross reduced two animal calls popular among criminals to musical notation. Both are Little Owl calls. The first is a whistle and used for shorter distances. The second is a cry and used for greater distances.

Animal Calls Indicate Accomplices

Does the practice of criminals imitating animal calls make any difference in a law enforcement investigation? Hanns Gross thought so:

Yellow-bellied Toad; one of the animal calls criminals used.

Near water, criminals liked to use the Yellow-bellied Toad croak. Yellow-bellied Frog Bombina variegata (Marek Szczepanek); Creative Commons license http://bit.ly/1E2Iv9D

 Under the circumstances, this matter can be important. When the question is whether a robbery in the woods or a burglary has been committed by a lone perpetrator or several accomplices, the investigator should ask the witnesses whether they heard an owl hoot shortly before or after the crime. If the answer is yes, the chances are slim it was a real owl hooting at the exact time and place of the crime. Law enforcement should keep their ears open for such sounds.

 Do criminals still use animal calls as secret signals today? Who knows? The urban jungle has largely replaced the woods as a favored place to commit a crime, and perhaps other signals have taken their place. But in a residential neighborhood, it might be worth asking if anyone heard an animal cry in the night.

Have you ever heard of a modern crime in which the criminals communicated with animal calls? Or can you offer another example from literature?

European Common Frog

European Common Frog.

Literature on point:

Hanns Gross, Handbuch für Untersuchungsrichter (Graz. Austria: Leuschner & Lubensky’s, 1899) 278-79 (translation mine).

J.R.R. Tolkein, The Hobbit (London: George Allen & Unwin, 4th ed. 1978) 36.

Read More

Bertha Benz: How the World’s First Car Theft Jump Started the Auto Industry

Bertha Benz, public domain.

Bertha Benz, public domain.

She left a note for her husband on the table.

It was early in the morning of August 5, 1888, and her husband was still sleeping. She purposely didn’t mention her means of transportation. Bertha Benz just wrote that she and their two sons, Eugen and Richard, had already left to visit Pforzheim, Germany, 90 km (55 miles) away. It wasn’t until Carl Benz (of Mercedes-Benz fame) checked the workshop in his factory that he realized his family hadn’t taken the train.

His new invention was gone.

As one recent German documentary pointed out, Bertha had just committed the world’s first car theft. But this was a true crime we can all stand up and cheer for.

Wanted: Bertha Benz for Grand Theft Auto

Bertha Benz Made the First Road Trip in the History of the Automobile

What Bertha did was a pioneering undertaking. Her husband Carl was a brilliant engineer and had designed the world’s first automobile in 1885. Bertha believed in the importance of his invention. But Carl didn’t have good business acumen and his product wasn’t going anywhere.

The Benz Patent Motor Car Model III, which Bertha drove.

The Benz Patent Motor Car Model III, which Bertha drove. Public domain.

Bertha knew instinctively what every modern business knows today: Marketing a product requires different skills than designing one. The only thing lacking was the definite proof that the vehicle was reliable and could also master long-distance routes. And Bertha had a great marketing idea: She and her sons would drive the car from Mannheim to Pforzheim and show the world what it could do.

Inventing Brake Lining

Bertha Benz with her sons Eugen and Richard during the long-distance journey from Mannheim to Pforzheim with the Benz Patent Motor Car in 1888. Reconstructed scene (push-starting the car) on celebrating the 100th anniversary of the motor vehicle’s first long-distance journey.

Bertha Benz with her sons Eugen and Richard during the long-distance journey from Mannheim to Pforzheim with the Benz Patent Motor Car in 1888. Reconstructed scene (push-starting the car) on celebrating the 100th anniversary of the motor vehicle’s first long-distance journey. Courtesy of the Daimler Corp.

Bertha Benz and her sons pushed the car out of the workshop and started it only after it was out of Carl’s earshot. Once on the road, the threesome had to conquer novel problems. It made about 9 mph. At 2.5 horsepower, the car wasn’t strong enough to climb steep gradients and they had to get out to push it. Going downhill, the car burnt out the brake shoes, but Bertha knew what to do. She stopped off at a cobbler and asked him to fit the brake shoes with a leather lining. In so doing Bertha Benz became the inventor of brake lining.

Bertha Benz and her sons Eugen and Richard during their long-distance journey in August 1888 with the Benz Patent Motor Car. Contemporary portrayal of filling up at the pharmacy in Wiesloch, the “world’s first gas station.”

Bertha Benz and her sons Eugen and Richard during their long-distance journey in August 1888 with the Benz Patent Motor Car. Contemporary portrayal of filling up at the pharmacy in Wiesloch, the “world’s first gas station.”
Courtesy of the Daimler Corp.

World’s First Gas Station

She underestimated how far the fuel would bring them, but it wasn’t a big problem. Pharmacies sold fuel back then. Bertha Benz bought gas several times along the way. She made her first fuel purchase at the Stadtapotheke (City Pharmacy) in Wiesloch, Germany, and it still proudly displays a sign that it’s the first gas station in the world.

"The 'Stadtapotheke' is famous as the 'first gas station in the world.' Bertha Benz bought gasoline here for the first time in 1888 on her drive from Mannheim to Pforzheim."

“The ‘Stadtapotheke’ is famous as the ‘first gas station in the world.’ Bertha Benz bought gasoline here for the first time in 1888 on her drive from Mannheim to Pforzheim.”

In Wiesloch, people gathered around the vehicle to express their amazement. “Holy sandbag,” a green grocer is purported to have yelled out. “That’s a woman up there!”

Bertha and her sons telegrammed Carl along the way to let him know they were alright. They arrived safely in Pforzheim by dusk and returned to Mannheim several days later.

The world's first gas station: Wiesloch's Stadtapothe today.

The world’s first gas station: Wiesloch’s Stadtapothe today.

 How Bertha’s Drive Changed History

Carl Benz was livid about Bertha’s trip, but he eventually changed his mind. “Following the first shock,” he wrote in his memoirs, he “felt an inner pride.” Bertha’s “test drive” results also presented new engineering challenges. Afterwards, Carl fitted the Benz Patent Motor Car Model III out with a new gear and a better brake. And sales stepped up following Bertha’s round trip to Pforzheim.

The rise of Benz’s motor factory to one of the great automotive manufacturers in the world would scarcely have been imaginable had it not been for Bertha’s courage. Her publicity stunt sounded the prelude to the Mercedes-Benz success story.

Signs for the Bertha Benz Memorial Route between Mannheim and Pforzheim.

Signs for the Bertha Benz Memorial Route between Mannheim and Pforzheim.

Germany now has a Bertha Benz memorial route, marked with these signs, so that drivers can take the same trip Bertha did.

The world’s first automobile a road trip, the world’s first auto theft, and the invention of brake liners. Bertha Benz, the first woman driver, accomplished all three in one trip. Which feat impresses you the most for a 19th century woman?

 

Literature on point:

Johanna Lutteroth, Bertha Benz’ große Autofahrt, Spiegel Online

Daimler press kit, Bertha Benz and the world’s first long-distance trip in an automobile

Read More
error: Content is protected !!