United States v. Matthew Gwyllim (July 22, 1900)

[Lawliet]

Judge: Ashley R. Pauncefote
Prosecutor: Chief of Police Grayson Fletcher, S.D.P.D.
Defendant: Matthew Gwyllim
Defense: Attorney Graham Lattimore
Charges: STCC 3.1a, Murder (x6)

Call to Order & Opening Statements

Spoiler

Gabriel Wolfe shouts: ALL RISE! This United States District Court is now in session! The Right, Honorable Judge Ashley R. Pauncefote is presiding! All who have business before this court, be prepared to be heard!
Ashley R. Pauncefote shouts: Be seated!
Ashley R. Pauncefote says: We are in session for the trial of Matthew Gwyllim. This court is prepared for any pretrial motions. Chief Fletcher, do you have any motions for the court?
Grayson Fletcher says: No, Your Honor.
Ashley R. Pauncefote says: Mr. Lattimore, motions from the defense?
Graham Lattimore says: No, Your Honor.
Ashley R. Pauncefote says: Then we'll proceed with opening statements. Chief Fletcher, go ahead. If you wish you may approach the podium, or do so from the counsel table.
Grayson Fletcher says: Thank you, your Honor.
Ashley R. Pauncefote says: Do mind you're addressing the court, however. I'd prefer to be able to hear you.
Grayson Fletcher says: Ladies and gentlemen of the gallery, esteemed members of our judicial system and law enforcement; my thanks to all those in attendance for the trial today. Your Honor, what we see before us is a man who is charged with six counts of 3.1A murder, and an overwhelming, frankly seismic backing of diligent paperwork in the form of six police reports, three forensic reports, and enough sworn testimony to last until Thy Kingdom Come. If by some grace of God, this excelling department’s paper trail is not enough to please the Court, the Prosecution intends to submit the very murder weapon that was found on Mist’r Gwyllim, on the 20th July 1900, upon his apprehension by Yours Truly. Together, we will find Mist’r Gwyllim guilty beyond a shadow of a doubt, of being a viscous menace to the harmony of our great City; and we, together, will label Mist’r Gwyllim for what he is: a woman killer.
Grayson Fletcher says: Thank you, your Honor.
Ashley R. Pauncefote says: Thank you, Chief. Mr. Lattimore, defense may provide their opening statement now, or wait for the beginning of their case. Your choice.
Graham Lattimore says: Your Honor, the defense will make our opening statement now.
Ashley R. Pauncefote says: You may proceed.
Graham Lattimore says: This is a case is an example of a convenient perpetrator; Matthew Gwyllim is guilty of nothing more than being in the wrong place at the wrong time. Throughout the investigation of this case, the young, fledgling Saint Denis Police Department have committed errors which have clouded their results. The state would have you believe that the evidence is overwhelming, and yet proper procedure was in some instances shirked in favor of a speedier outcome to this case. In a rush to prove beyond a reasonable doubt that Matthew Gwyllim was the perpetrator of this crime, the state wishes to use an avalanche of evidence to flummox the proceedings, regardless of whether or not their conclusions are entirely just and up to the standards expected by the court. I intend to bring to light a pattern of issues that show the investigation was flawed and lead to the arrest and incarceration of an innocent man. Thank you, Your Honor.
Ashley R. Pauncefote says: Thank you, Mr. Lattimore. You may retake your seat.
 

Prosecution Examination: Reginald Evans

Spoiler

Ashley R. Pauncefote says: Before we continue. Chief Fletcher, does the SDPD intend to call any witnesses, or has all statement evidence been submitted to account for testimony?
Grayson Fletcher says: Yes, your Honor; if it would please the court, I intend to call one Constable Reginald Evans of the S.D.P.D. in placement of his written testimony; I am thankful for the good Constable to take the time to appear in court.
Ashley R. Pauncefote says: Then we'll hear from Evans before we move to statements. Constable, please approach the podium.
Ashley R. Pauncefote says: Marshal Wolfe, please swear the witness.
Gabriel Wolfe says: Please raise your right hand Mister Evans, and place your other on the good book, please.
Gabriel Wolfe says: Alright Mister Evans - Do you swear the testimony you are about to give the court shall be the truth, the whole truth, and nothing but the truth, so help you God?
Reginald Evans says: I do, indeed.
Ashley R. Pauncefote says: Witness is sworn. Chief Fletcher, you may begin direct examination.
Grayson Fletcher says: Thank you, your Honor.
Grayson Fletcher says: Constable Evans. A plethora of evidence has been filed against Mist'r Gwyllim; reports tackling the 10th, 12th, 13th, 16th and 20th of July; across his menacing spree. I would like to draw your memory back to the police report that you filed on the 20th July; in which your report cited the apprehension of the defendant.
Grayson Fletcher says: Could you kindly explain the circumstances of which you came across Mist'r Gwyllim, and the state of his clothing, and any equipment or harmful armaments he were carrying at the time?
Reginald Evans says: I was performing a nightly patrol on the norther side of the frontier street, from the Bakery I heard a woman scream and I rushed to the location. Shortly after I found the corpse of a woman, recent in death. I could tell because she had the new cadaver sort of smell. I became suspicious about the scream, and it's relation to how quickly I came upon her which much have exceeded no more than forty seconds. When I came upon the corpse, the body was against a wall and I heard significant ruffling of bushes and heavy breaths, in contrast to my own. I vaulted the wall and found the individual, Mister Gwyllim covered in blood and guts. He was wearing a mask, and carrying a knife. I blew my whistle and pursued.
Grayson Fletcher says: Thank you, Constable. Upon the pursuit that ensued against Mist'r Gwyllim; did he exhibit any signs of injury, from the blood and guts splayed over his person, indicating they were his own wares? Moreover, is there any rationale that you can describe to the court as it pertains to a reason that Mist'r Gwyllim, a supposedly concerned and innocent citizen, would be fleeing from a peace officer; after being a supposed witness to the death of this poor young lady?
Reginald Evans says: In my pursuit of Mister Gwyllim I let off three rounds. I believe one nicked him in his shoulder. When he was later apprehended, he was bleeding excessively from the wound. As for his reason for fleeing an officer of peace, my only suggestion is that he was guilty of the crime and caught in the act.
Grayson Fletcher says: Thank you, Constable. Finally, prosecution presents discovery exhibit eleven, if it may please the courts. Constable Evans, can you confirm that this was the blade entered into the S.D.P.D.'s evidence, after the apprehension and search of Mist'r Gwyllim?
Reginald Evans says: I believe that was the knife, yes, but I did not perform the seizure of his person.
Grayson Fletcher says: Thank you, Constable. For the benefit of the gallery finding themselves to the rear of the courtroom; I would like to draw attention to the details of dried blood on the knife presented to the witness. The prosecution intends to submit additional evidence in the form of sworn testimony from the seizing peace officer. The prosecution is done with this witness, Your Honor.
Ashley R. Pauncefote says: Thank you, Chief Fletcher. Mr. Lattimore, does the defense wish to cross-examine?
Ashley R. Pauncefote says: Constable, remain at the podium please.
 

Defense Cross-Examination: Reginald Evans

Spoiler

Graham Lattimore says: Yes, your honor.
Ashley R. Pauncefote says: You will be excused when you may step back.
Graham Lattimore says: Constable Evans, can you describe the state the body was in upon you reaching it?  What damage was visible to you?
Reginald Evans says: I could tell that the woman was clearly dead, but I was unable to perform an examination at the time. My task was spearheaded on apprehending Mister Gwyllim.
Graham Lattimore says: What wound led you to the conclusion she was dead?
Reginald Evans says: She had the smell of death, and was covered in blood. After the pursuit ended, I left the P.D. with Constable Cooper to retrieve her body. Lieutenant Allaire took a photograph of the body as well.
Graham Lattimore says: Your reasoning for suspecting the defendant of having been the perpetrator, as stated earlier, was based on the fact that he ran from you.  Did you believe the defendant was the killer prior to blowing your whistle and instigating the chase and eventual capture of Mister Gwyllim?
Grayson Fletcher says: Objection, your Honor.
Ashley R. Pauncefote says: Grounds, Chief Fletcher?
Grayson Fletcher says: Calls for speculation. The witness has already stated his primary concern was the apprehension of the defendent; Constable Evans is not a medical professional and can not speculate to the cause of death; and has already stated he had no involvement in the post-mortem processings of the court.
Ashley R. Pauncefote says: I presume you're objecting to the question already answered; and not....That just asked, then?
Graham Lattimore says: Your Honor, I asked his opinion of what he saw not as a medical professional, but simply what he witnessed with his own eyes.
Grayson Fletcher says: The good Mist'r Lattimore is calling for what Constable Evans ''believes'' to have happened as it pertains to the state of t
Ashley R. Pauncefote says: Right, once more. Are you objecting to the question about the state of the body, Chief Fletcher?
Ashley R. Pauncefote says: Or are you objecting to the question asked and currently under consideration?
Grayson Fletcher says: Yes your Honor. I formally request for the testimony to be stricken; as the good Constable Evans already testified that he had no interaction with the corpse as it pertains to the real-time scene, as he had since sprinted after the fleeing defendent.
Grayson Fletcher says: He can not speak to the cause of death.
Ashley R. Pauncefote says: CHIEF FLETCHER. Question already answered /OR/ this one?
Grayson Fletcher says: The question already answered.
Ashley R. Pauncefote says: Then you're overruled as the question has been answered and we've moved on.
Ashley R. Pauncefote says: Mr. Lattimore, please...What's the pending question?
Graham Lattimore says: You mentioned a photograph of the sixth victim, but no such photo was entered into evidence during discovery.  Was it included in the case files handed over before trial?
Reginald Evans says: Lieutenant Allaire took the photograph.
Graham Lattimore says: In that case, Your Honor,  I move to have this photograph and any testimony involving it struck from the record.
Ashley R. Pauncefote says: Well, you can't have the photograph stricken. We don't have it. Mention of it; he said a lieutenant took a picture. The inference of a photograph is not prejudicial itself. The absence of it, however, is something I'd question of the Prosecution. But I won't strike testimony mentioning something that may or may not exist; as the photograph itself cannot be introduced now anyway. They've mentioned something they can't provide; /that/ is a point to your merit, Mr. Lattimore. I'd suggest keeping it.
Graham Lattimore says: Understood, Your Honor, the defense has no further questions for Constable Evans.
Ashley R. Pauncefote says: Very well. Chief Fletcher, anything to redirect?
Grayson Fletcher says: No, your Honor.

Preparing Cross-Examination: Emilia Thornbridge

Spoiler

Ashley R. Pauncefote says: Very well. Constable Evans, you may step down and resume your seat.
Ashley R. Pauncefote says: Chief Fletcher, do you have any further witnesses to present, or are we continuing on the basis of statements?
Grayson Fletcher says: The prosecution is content in submitting written testimonies in the place of calling the remainder of our witnesses, your Honor, in the interest of the court's dear time; and the unfortunate absence of these witnesses due to work-related concerns. If it would please the court, the opportunity to speak to these written statements would be appreciated at the appropriate interval.
Ashley R. Pauncefote says: The statements count for themselves as testimony in the absence of their presence, Chief. No context need be added; unless on redirect. Now then.
Ashley R. Pauncefote says: Mr. Lattimore, do you wish to cross-examine any statement providers?
Graham Lattimore says: Yes, Your Honor, I would like to question some of them, but the witnesses in question are not here to field my queries.  Your Honor, am I allowed to speak to statements of those not present?
Ashley R. Pauncefote says: Statements made and agreed to without pretrial objection to be removed are not to be spoken to except by those who provided them. As such, this court is prepared to recess until such time as a witness can be made available by the Prosecution for cross-examination on their provided statement. Unless we have someone who can be brought forward in short order. Please list the names you intend to cross-examine, Mr. Lattimore.
Graham Lattimore says: I would like to question the physician Emilia Thornbridge and Lieutenant Marlin C. Allaire.
Ashley R. Pauncefote says: Chief Fletcher, are either witnesses able to be brought forward today?
Grayson Fletcher says: Lieutenant Allaire is out of the City on work duties. A statement was of course entered on behalf of Emilia Thornbridge, verbatim scribed from a conversation between her and I. She is likely working, being the only clinician within the City, your Honor.
Ashley R. Pauncefote says: I would ask the SDPD attempt to locate and bring forth Dr. Thornbridge. If she is unavailable, court will recess until we can reconvene for the Defense's cross-examinations.
Ashley R. Pauncefote shouts: SDPD officers, please locate and return with Dr. Thornbridge!
Ashley R. Pauncefote says: Alright. I'm going to call it here. Court's in recess. We'll reconvene for a continuing session once Dr. Thornbridge and the Lieutenant are available to be cross-examined.
Ashley R. Pauncefote says: From there, we will begin with the Defense case.

Defense Cross-Examination: Emilia Thornbridge

Spoiler

Ashley R. Pauncefote says: Ah, it would appear the good doctor has arrived.
Ashley R. Pauncefote says: Very well. Doctor Thornbridge, please approach the podium up front.
Gabriel Wolfe says: Left hand on this, right hand up, please.
Gabriel Wolfe says: Alright, Doc. Do you swear the testimony you are about to give the court shall be the truth, the whole truth, and nothing but the truth, so help you God? 
Emilia Thornbridge says: I swear.
Ashley R. Pauncefote says: Doctor Thornbridge, you gave testimony by statement in the matter of Mr. Gwyllim, yes? I just wish to confirm what I have before me to be correct. 'I shall focus on the three females I examined', ending in 'especially so given his choice of victims'. Does that sound correct?
Emilia Thornbridge says: Correct, I gave my statement in the presence of Chief Fletcher and Detective Campbell.
Ashley R. Pauncefote says: Thank you, Doctor. The court has taken your statement as testimony. Mr. Lattimore, Mr. Gwyllim's attorney, wishes to cross examine you. Are you prepared to answer his questions?
Emilia Thornbridge says: I am.
Ashley R. Pauncefote says: Thank you, Go ahead, Mr. Lattimore.
Graham Lattimore says: Thank you, Your Honor.
Graham Lattimore says: You mention doing autopsies on the first three victims, the second and third victims had their eyes gouged out.  In your expert opinion, what tool was used to remove their eyes?
Emilia Thornbridge says: It is hard to say, there was little precision used in the act. It could be anything from a knife, to a sharp fingernail or just simple brute stength.
Graham Lattimore says: Is it your professional opinion that the death of the fourth victim was the result of the same killer as had killed the previous three victims and if so, why?
Emilia Thornbridge says: I don't believe I expressed that in my testimony, given I have not examined the fourth female victim.
Graham Lattimore says: In the first victim's case, their face was removed and you mentioned that tools were not used.  Can you definitively say that the knife found in the defendant's possession was used in any of the first three victims' murders?
Emilia Thornbridge says: I cannot. For it could have been used in the two where the eyes were removed. The first victim however showed signs of the face being teared off by hand, rather than sliced off via a knife.
Graham Lattimore says: Understood, thank you Doctor Thornbridge. Your Honor, the defense has no further questions for the witness.
Ashley R. Pauncefote says: Thank you, Mr. Lattimore. Chief Grayson, anything on redirect?
Grayson Fletcher says: No, your Honor. The defense's interest in Doctor Emilia Thornbridge's contribution was outlined in the written testimony.
Ashley R. Pauncefote says: Very well. Thank you for coming, doctor. Apologies for short notice. You are excused and resume your day.
Emilia Thornbridge says: Thank you, Your Honor.

Prosecution Resting

Spoiler

Ashley R. Pauncefote says: Alright then. Having re-reviewed the documentation, Lieutenant Allaire has not in fact had testimony prepared in advance. Chief Fletcher, is that correct? Or am I missing something here?
Grayson Fletcher says: The prosecution has not entered a written statement by Lieutenant Allaire, your Honor. Unfortunately, due to the previously mentioned work responsibility; his written testimony, while it does exist, was not delivered to the courts; and hence, is not a part of the declared discovery.
Grayson Fletcher says: We had intended to enter a statement on his behalf, your Honor.
Ashley R. Pauncefote says: Alright then. So we have two options. 1, we await the availability of him to testify himself in court. 2, we proceed to the defense's case without his testimony. Mr. Lattimore, you cannot cross-examine with nothing /to/ cross-examine.
Graham Lattimore says: Your Honor, I am prepared to present the defense's case with the testimony of Lieutenant Allaire.
Ashley R. Pauncefote says: It's Chief Fletcher's choice if he wishes to wait until Allaire can testify or if we move forward without.
Grayson Fletcher says: The prosecution is prepared to move forward without, your Honor.
Ashley R. Pauncefote says: Very well. The court considers the Prosecution's case rested. Mr. Lattimore, you may call your first witness.

Defense Examination: Reginald Evans

Spoiler

Graham Lattimore says: Your Honor, the defense would like to call Constable Reginald Evans.
Ashley R. Pauncefote says: Come back up, constable. You are still sworn.
Graham Lattimore says: Constable Evans, you claim there was a period of forty seconds between the scream you heard and finding the body of the woman, it took forty seconds to run to the scene of the crime?
Reginald Evans says: To locate the scream and the scene of the crime, yes.
Graham Lattimore says: Forty seconds, would you imagine that is enough time to mutilate the body as was the case with the first three victims?
Reginald Evans says: The other victims were mutilated for show, I believe the killer did not have enough time to do so.
Graham Lattimore says: In your testimony earlier, you claimed the defendant was found next to the body of the sixth victim. Yet in your witness statement you stated you found the defendant behind a wall. Precisely where was the defendant when you spotted him?
Reginald Evans says: I already stated that when I found the body, I heard the ruffling of a bush and heavy breaths opposite of the wall where she was laid dead. I vaulted the wall and spotted him, then I blew my whistle. There are no contradictions in my statement.
Graham Lattimore says: So in your opinion, the defendant would have jumped back over the wall again to mutilate the body.  What reason would he have to jump the wall in the first place if his intention was to mutilate the body after the killing?
Reginald Evans says: Maybe he spotted me approaching. It was dark and raining, I was carrying a lantern as I always do and wore my blue uniform. I would have stood out, as opposed to him, who would have blended in.
Graham Lattimore says: If that was the case, would he not have bolted before you blew your whistle, as you mention hearing his heavy breathing before jumping the wall.
Grayson Fletcher says: Objective, once more, your Honor.
Reginald Evans says: The killer often liked to taun-..
Ashley R. Pauncefote says: Grounds, Chief Fletcher.
Grayson Fletcher says: The line of questioning is speculative in nature and calls for an opinion; the very opening of this interrogative beckoned for Constable Evans' opinion. How many hypotheticals can be asked?^6 He said, with a light frustration.
Ashley R. Pauncefote says: Sustained. Constable Evans cannot determine the state of mind of the defendant. He's offered a response to 'what reason would he have had to jump' from his view as an arriving officer on scene. He cannot reasonably be expected to know further details of the defendant's intents or capabilities.
Graham Lattimore says: Constable Evans, how close was the killing to the Bowery?
Reginald Evans says: The Bowery, sir, or the Bakery?
Graham Lattimore says: The Bowery, Constable.
Reginald Evans says: It was far from the bowery, it occurred on the north side of the frontier street, on the wall of a manor.
Graham Lattimore says: That would be two blocks from the Bowery, a place known for masked men and crime.  You seemed certain this was the killer the SDPD was looking for, at what point were you certain in your mind this was the killer, if you ever were certain the defendant was the killer that is.
Reginald Evans says: The fact that the victim was female, and that the killer was masked.
Ashley R. Pauncefote says: Mr. Lattimore, please refrain from grandstanding and testifying as counsel. Chief Fletcher, that would be an opportune time to object. Mr. Lattimore, ask a question; do not badger for a response.
Graham Lattimore says: The defense has no more questions for Constable Evans.
Ashley R. Pauncefote says: Chief Fletcher, cross-examination?
Grayson Fletcher says: Nothing from myself, your Honor.

Adjournment

Spoiler

Ashley R. Pauncefote says: You may step down, Constable.
Ashley R. Pauncefote says: Alright. We're nearing the end of my abilities for one day, everybody. So the court is going into recess. We will reconvene for the remainder of Mr. Lattimore's case at a date to be scheduled when all parties are prepared and present.