Tuesday, June 6, 2023

Bodies Under the Bridge: Dr. Buck Ruxton Part II

 


Arrest

On the evening of 12 October Ruxton was arrested by Lancaster police and extensively questioned throughout the night. When asked to account for his whereabouts between 14 and 29 September, Ruxton produced a handwritten document entitled 'My Movements', which he then passed to investigators before making a voluntary statement based on what he had written. He then acquiesced to the investigators' interview.

In this interview, Ruxton denied he had ever been to Scotland after having established his Lancaster practice. However, he was unable to explain just why his car registration number had been logged by a young cyclist whom he had knocked over in the Cumbrian town of Kendal on 17 September, which had led to his vehicle being intercepted in nearby Milnthorpe the same day, as the cyclist had reported his registration number—which he had logged in his pocketbook—to police when he had failed to stop at the scene of the accident. Lancaster police suggested to Ruxton this incident was strong circumstantial evidence as the incident had occurred as he had been driving en route to Lancaster from Moffat—which he denied. He was further unable to explain just why a police search of his home the previous day had revealed extensive traces of bloodstains on the stairs, railings, balustrade, and various carpets within the property despite evidence of the house being extensively cleaned, and several walls around the staircase being recently redecorated. Moreover, he was also unable to explain why traces of human fat and body tissue had been discovered within the drains of the property, with much of this material recovered within the section of the drains leading directly from the bathroom.

"Listen carefully to me. I intend to prefer a very serious charge against you. You are charged that between 14 and 29 September 1935 you did feloniously, and with malice aforethought, kill one Mary Jane Rogerson."--Lancaster Chief Constable Henry J. Vann formally charging Buck Ruxton with the murder of Mary Jane Rogerson. 13 October 1935.

 Throughout the several hours of questioning, Lancaster police repeatedly conversed with their Scottish counterparts, who had previously visited Ruxton's household to remove objects such as sections of wallpaper, carpeting, skirting boards, and silverware for a more detailed forensic examination at Glasgow University. In the early hours of 13 October, the finger and palm prints upon the second set of human hands discovered were found to be a match for impressions upon items Mary Jane Rogerson had habitually handled at Dalton Square. Upon hearing of this forensic match, Ruxton was formally charged with the murder of Mary Jane Rogerson at 7:20 am that morning. When Ruxton heard the recitation of the charge, he stated: "Most emphatically not! Of course not! The farthest thing from my mind! What motive and why? What are you talking about?" Following an appearance in custody of the Borough of Lancaster Police Court, situated on the ground floor of Lancaster Town Hall, Ruxton was remanded in custody.

On 5 November he was further charged with the murder of his wife, whose remains were positively identified using the technique of forensic anthropology, in which an X-ray of a victim's skull was superimposed on a photograph taken of Isabella Ruxton in life. Professor James Couper Brash would later construct replica models of the two victims' left feet in a flexible gelatin-glycerin mixture; when placed in shoes the women had worn in life, the replica foot of the first victim recovered from the vicinity of the Annan River precisely fitted a shoe worn by Mary Jane Rogerson, whereas the replica foot of the second victim recovered precisely fitted shoes worn by Isabella Ruxton.

Trial

On 2 March 1936 the trial of Buck Ruxton opened at Manchester's High Court of Justice. He was tried before Mr Justice Singleton for the murder of Isabella Ruxton, and on this date chose to enter a formal plea of not guilty to the charge of murder. Following this formal plea, a jury was empanelled and sworn to duty.

The prosecutors at Ruxton's trial, Joseph Cooksey Jackson KC, David Maxwell Fyfe KC, and Hartley Shawcross contended that Ruxton, inflamed by jealousy and paranoia, had murdered Isabella Ruxton and Mary Jane Rogerson in the family household, and that he had then discarded their bodies more than 100 miles from Lancaster, in the Gardenholme Linn stream in the Southern Uplands of Scotland.

In his opening speech to the jury, Joseph Cooksey Jackson stated to the jury:

It does not need much imagination to suggest what probably happened in that house. It is very probable that Mary Jane Rogerson was a witness to the murder of Mrs. Ruxton, and that is why she met her death. You will hear that Mrs. Ruxton had received before her death violent blows in the face and that she was strangled. The suggestion of the prosecution is that her death and that of the girl Mary took place outside these rooms on the landing at the top of the staircase outside the maid's bedroom, because from that point down the staircase right into the bathroom there are trails of enormous quantities of blood. I suggest that when she went up to bed a violent quarrel took place; that he strangled his wife, and that Mary Jane Rogerson caught him in the act and had to die also. Mary's skull was fractured: she had some blows on the top of her head which would render her unconscious, and then was killed by some other means, probably a knife."

Ruxton's defence counsel, Norman Birkett KC (assisted by Philip Kershaw KC), based their defence upon their contention that the bodies had been misidentified, and that the two bodies were not those of Isabella Ruxton and Mary Jane Rogerson, but of two other unknown individuals, and that, as such, the evidence presented to the jury was flawed. Birkett and Kershaw further contended the bloodstains found upon the suit and carpeting Ruxton had given to the Hampshires, and located within his home following his arrest, had been innocently accrued throughout the years Ruxton had operated his practice.

Witness testimony

The prosecution called numerous witnesses to outline their case. Each witness to testify presented his findings to the court with the same patience and diligence he had used to determine his conclusions, and each was examined by a combination of Jackson, Shawcross and Fyfe; they would then be tirelessly cross-examined by either Birkett or Kershaw, who frequently seized on the slightest discrepancy in the evidence given, and frequently challenged assumptions made by medical and technical witnesses on each occasion an opportunity arose. Birkett also frequently offered his own conjecture as to how some evidence presented could have innocently accrued. For example, on one occasion, Birkett contended the blood found on the balustrade within 2 Dalton Square may have accidentally spilled there through a birth, an abortion, or a woman's menstrual cycle occurring within the property.

 

Despite both defence counsels subjecting the numerous eyewitnesses, and the medical and forensic experts whom the prosecution introduced as witnesses, to intense cross-examination in an effort to challenge their findings, the vast majority of prosecution witness—including all medical and forensic personnel to testify—remained steadfast as to his conclusions regarding the identification of the victims, and that their murders had been committed by Ruxton at 2 Dalton Square. Nonetheless, Ruxton's defence counsel did occasionally succeed in getting a witness or expert to concede as to a possibility of an alternative explanation as to his or her findings, or recollections.

Defense testimony

The sole witness to testify on behalf of the defence was Ruxton himself, who—upon the suggestion of his defence counsel—testified on the ninth day of the trial. Overall, he conducted himself poorly on the stand, being prone to bouts of hysterical sobbing as he clutched a silk handkerchief and hysterically claiming that he had last seen his wife when she had taken Mary Jane Rogerson to Edinburgh to discreetly arrange an abortion for her. He readily admitted to having frequently argued with his wife over her alleged infidelity and justified the mental and physical hardships to which he had occasionally subjected his wife by simply stating, "Who loves most, chastises most."

Despite this admission, Ruxton was insistent that both women would be found alive and further stated that if the actual identification of the bodies was correct, his "happy home" was now in tatters. He ardently denied the earlier testimony of various prosecution witnesses, whom he frequently accused of either lying or simply being mistaken, and frequently gave rambling, contradictory accounts of his own behavior and actions prior to his arrest when questioned by both his own defence counsel and when subjected to cross-examination by the prosecution.

Closing arguments

The trial of Buck Ruxton lasted eleven days, with the majority of the testimony delivered being from eyewitnesses and from medical and forensic experts who testified on behalf of the prosecution. In his closing argument delivered on behalf of the prosecution, Joseph Cooksey Jackson summarised the testimony delivered by each of the medical and forensic experts regarding the painstaking identification of the victims, and how items used to conceal the remains could be traced to Dalton Square, including a section of luxury sheeting wrapped around several sections of the bodies that had been proven to precisely match the sheeting from the bed in the master bedroom at Dalton Square. Outlining the inconsistencies in the accounts Ruxton had given to numerous individuals as to the whereabouts of his wife and maid, Jackson reminded the jury of the eyewitness testimony delivered by numerous individuals who had earlier testified, before turning to Ruxton's exhaustive efforts to destroy evidence and pacify Mary Jane Rogerson's parents as to their daughter's whereabouts in the weeks between the murders and his arrest. In reference to the actual motive for the murders, Jackson suggested the jury look no further than Ruxton's obsessive jealousy and violent temper.

In accordance with British legal tradition, Norman Birkett, having called his client to the stand, had entitled himself to make his closing argument on behalf of the defence after the prosecution address, as opposed to before the prosecution. In his closing argument delivered on 13 March 1936, Birkett reiterated the defense’s case that, although the victims were indeed two women who had been murdered, the remains were not those of Isabella Ruxton and Mary Jane Rogerson, as the Crown had alleged they were, and that the idea that the motive for Isabella's death had been Ruxton's suspicions of his wife's infidelity was merely conjecture. Birkett further emphasized that, although some of the testimony delivered had allowed the possibility the bodies may have been those of Ruxton's wife and family maid, that these conclusions been drawn in part from circumstantial evidence and that this evidence still did not prove Ruxton had been their actual murderer. Birkett then emphasized that in any British murder trial, the burden is not upon the defence to prove innocence, but rather on the Crown to prove guilt.

Upon completion of both counsels' closing arguments, Mr Justice Singleton delivered his final instructions to the jury. This address lasted for several hours, and in reference to all evidence and testimony which had been presented at the trial, Judge Singleton instructed the jury that Ruxton must be given the benefit of any reasonable doubt that may exist in their minds, adding: "If there is an avenue, let him walk down it to freedom, but if there is not, he cannot."

Following this final instruction from Mr Justice Singleton, the jury retired to consider their verdict.

Conviction

Following the closing arguments and Judge Singleton's final instructions, the jury retired to consider their verdict; they would deliberate for just over one hour before returning a verdict of guilty against Ruxton. Consequently, Mr Justice Singleton sentenced Ruxton to death. When asked by Judge Singleton if he had anything to say in response to the verdict and sentence, Ruxton responded by stating, "I am very sorry", before politely thanking the court for its patience and the fairness of his trial. Ruxton then informed the judge of his intentions to appeal the verdict.

Appeal

Ruxton did file an appeal against his conviction. In this appeal, Ruxton contended that in the judge's final instructions delivered to the jury, the jury had been urged to consider prosecution testimony pertaining to bloodstains found upon the suit Ruxton had given to the Hampshires which had been introduced as evidence, but that he had not instructed the jury to also consider the testimony also delivered by a prosecution witness who had conceded that the bloodstains upon the garment may have originated from completely innocent sources. Furthermore, the appeal stated that a forensic examination of his vehicle—contended by the prosecution to have been the vehicle used to transport the bodies—had revealed no traces of either mud or blood. Ruxton thus contended that the cumulative effect of all matters rose were tantamount to a substantial misdirection. As such, Ruxton contended the verdict should not be allowed to stand.

This appeal was heard at the Court of Criminal Appeal by the Lord Chief Justice (Lord Hewart), Mr Justice du Parq, and Mr Justice Goddard on 27 April 1936. The appeal was dismissed that same day as being "insufficient as to even remotely suggesting" any form of misdirection on the part of the judge at [Ruxton's] trial.

Execution

In the hours immediately prior to his execution, Buck Ruxton wrote a letter to his chief defence counsel, Norman Birkett KC In this letter, Ruxton thanked Birkett for the skill in which he had conducted his defence, before stating: "I know that in a few hours I shall be going to meet my Maker. But I say to you, sir, I am entirely innocent of this crime."

Despite a petition from Lancaster residents urging clemency for Ruxton having collected over 10,000 signatures, Ruxton was hanged at HM Prison Manchester on the morning of 12 May 1936. His executioner was Albert Pierrepoint.

"I killed Mrs Ruxton in a fit of temper because I thought she had been with a man. I was mad at the time. Mary Jane Rogerson was present at the time. I had to kill her."

Buck Ruxton's brief confession to the murders dated 14 October 1935 and published the day after his execution.

The day after Ruxton's execution, a Sunday newspaper published a brief handwritten confession, written by Ruxton the day after his arrest, and which he had instructed be opened only in the event of his execution, or returned to him should he be acquitted. In this confession, Ruxton admitted to killing his wife while in a state of jealous fury, only to be interrupted in the act by Mary Jane Rogerson as a result of which he "had to [also] kill her".

Aftermath

Despite intense police searches, the torso of Mary Jane Rogerson was never found, having likely flowed into the Solway Firth. The remains of her body actually recovered were buried in a churchyard in the village of Overton.

The area in and around Gardenholme Linn where Ruxton had disposed of the dismembered body parts of Isabella Ruxton and Mary Jane Rogerson would become colloquially known in and around Moffat as "Ruxton's Dump".

The house on Dalton Square where the murders were committed would remain empty for decades. In the 1980s the building underwent substantial internal renovation, particularly the bathroom, which would become architects' offices. The building itself remains non-residential. The bath in which Buck Ruxton dismembered his two victims was removed from the property to be used as evidence during his trial. The bath was later used as a horse trough by the mounted police division at Lancashire County Police headquarters, in the civil parish of Hutton, Lancashire, and is currently on display at the Lancashire Police Museum at Lancaster Castle.

Elizabeth, Diane and William Ruxton are believed to have been brought up in an orphanage in the Wirral.

Media

The case of the "Bodies Under the Bridge" has been dramatized by British radio scriptwriter and screenwriter Harry Alan Towers as part of the radio crime drama series, Secrets of Scotland Yard. This episode, entitled "Dr Ruxton Axe Killer", was first broadcast in approximately 1950.

The American criminal justice television series American Justice has also broadcast an episode focusing on the murders committed by Buck Ruxton. Commissioned by the A&E Network, the episode focusing upon the Ruxton murders was first broadcast in December 2000.

Catching History's Criminals, a BBC Four forensics series, has also broadcast an episode focusing on the case of Buck Ruxton. This episode, entitled "A Question of Identity", was first broadcast in June 2015.

The first book exclusively devoted to the murders committed by Buck Ruxton, Medico-Legal Aspects of the Ruxton Case, was co-authored by John Glaister Jr., and James Couper Brash. This book was released in 1937 and focuses primarily on the innovative forensic techniques used both to identify the victims and identify the locations of their murder and dismemberment; thus ensuring the conviction of their murderer.

Notes

 Although Ruxton and Isabella never married, she adopted his surname, and both presented themselves as a married couple.

 When asked about his relationship with Isabella at his subsequent trial, Ruxton exclaimed: "We were the sort of people who could not live with each other or without each other".

 Although Isabella was an outgoing woman who enjoyed socialising with leading Lancaster residents and was a popular guest at local functions, no solid proof was ever provided to support Ruxton's claims she had ever been unfaithful to him. Nonetheless, one Lancaster resident would later state that Isabella Ruxton had indeed kept regular company with Robert Edmondson.

 When Ruxton left his children in the care of the Morecambe dentist and his wife, the couple noted one of Ruxton's hands was heavily bandaged. When the couple questioned him as to how he had acquired the wound, Ruxton claimed to have cut his hand while opening a tin of fruit for his children's breakfast that morning.

 The following morning, Ruxton visited the Hampshires to request Mrs. Hampshire cut off the name-tag upon the suit.

 Professor Glaister's initial theory the murderer held extensive surgical knowledge was further supported at the formal autopsy by the fact a human body is almost impossible to dismember with a knife at the joints without a thorough knowledge of human anatomy. From this, Professor Glaister determined the murderer almost certainly worked in the medical profession.

Mearns' deduction that the victims' remains had lain in the location in which they were found for this period of time would subsequently prove to be vital circumstantial evidence at his trial attesting to his guilt.

 Overall, numerous national eminent experts were involved in the identification of the two bodies:

* John Glaister Jr. Regius Professor of Forensic Medicine at the University of Glasgow

* Dr. Gilbert Millar. Lecturer in pathology at the University of Edinburgh

* Sydney Smith. Regius Professor of Forensic Medicine at the University of Edinburgh

* Arthur Hutchinson. Dean of the Edinburgh Dental Hospital and School

* Thom Davies. Professor of Pathology at the University of Glasgow

* Professor James Couper Brash, Professor of Anatomy at the University of Edinburgh

 Having been placed under arrest, when closing his practice, Ruxton placed a notice on the window of his office, urging his patients and the Lancaster community in general to maintain belief in his innocence, adding, "I am an innocent victim of circumstances."

 A dentist named James Priestley would also positively identify dental work upon the teeth still located within the victims' heads to that he had performed upon both victims in life.

 Birkett and Kershaw did object to the prosecution submitting the superimposition of the photographs of Isabella Ruxton and her skull before the jury as inadmissible evidence on the grounds this was "constructed evidence and thus liable to human error". Nonetheless, this objection was overruled.

 A textiles expert had earlier testified at the trial that the pieces of sheeting wrapped around the bodies had a unique flaw in the threading, as had the sheeting in the master bedroom. This expert had stated that the flaw indicated that all the threading he had been asked to examine had originated from the same loom.

 

 

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