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New Article on the Swanson Marginalia in Ripperologist 128

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  • Paul B:

    "Why would it make us look ridiculous? We theorise on the basis of the evidence in our possession and we adapt, change, and sometime abandon our theories as and when new information comes to light (or sometimes when existing evidence is reinterpreted). That's how theories work (or should work). It's how well we use the tools we have that matters."

    It is. And using the tools and evidence we have to state firmly that "Kosminski" is a strong suspect is making a very poor use of them tools and that evidence. We - and I repeat - are in no position at all to make that call.

    "Nobody is condemning anybody on no evidence"

    Wrong, Iīd say - if we make the call that Kosminski is a strong suspect, we are doing exactly that. Once again, the level of viability as a suspect rests solely on the quality and amount of evidence existing. There can be no budging on that rule.

    "All we can do is do our best to assess the reliability of our sources."

    Thatīs correct. But we seem to reach different conclusions when doing so. I think that for example Smithīs and Littlechildīs discontentment with Anderson tells us that these men offered informed opinions. I think Abberlineīs stance is telling too. I think the faults in the description of the time of incarceration and death is a mighty warning sign. I feel that the "homicidal and violent" stuff is remarkable, not least in view of itīs being presented alongside the assessment of Ostrog as a crafty, murderous guy with the worst possible antecedents.
    I see lots and lots of things that point totally away from putting too much trust in Anderson and his faithful companion, and therefore I deem it wise not to empty that particular cup too enthusiastically.
    But even if I had put all the trust in the world in Anderson, even if I had regarded Smith, Littlechild and Abberline as envious nitwits and if I had bought the picture of Kosminski as a stealthy man, dead set on killing off prostitutes, I would still say that as long as we donīt have what Anderson had and regarded as enough, we simply cannot dub Kosminski a strong suspect. Any assessment of a mans viability as a suspect in any case is - once again - to be grounded on the evidence that exists in direct coupling to the deeds he is charged for. There is no other way - NONE!!! - and I hope you will come to realize that eventually.

    I mean, if we were at liberty to make calls about the grade of viability of a suspect without being allowed to look at the evidence attaching to the case, then why would we use any breaks at all?
    If you totally believe in Anderson and Swanson, then all you have to do is to realize that the two said that there was a succesful ID that would have hung Kosminski if the witness had agreed to testify.
    So why not go all the way: pronounce Kosminski the Ripper, and be done with it! Surely that is the logical outcome of putting a total and uncritical trust in Anderson/Swanson...?

    "We wouldn't attempt to bring Kosminski before the judge and jury, but needless to say this isn't a court of law and the rules of law don't apply. This is history. The rules are different."

    Emphatically no, not in the context we are speaking of. No knowledge about the grounds on which a man is suspected is the exact same in history and in practical law: A clear pointer that we cannot assess and convict.
    Of course history and todayīs legal matters do allow for different agendas - but not in this context. No matter if we move Kosminski back to the Meroving days or the Stone age - if we donīt know what the grounds were for the suspicion, we cannot respond to that knowledge by making an assesment of a strong candidacy as a suspect. In fact, we can make no assessment at all, but for the one we may make about Anderson and Swanson - they DID see Kosminski as a suspect (or claimed they did), and that is all we know.

    "Who is jumping to conclusions? We have a source which states that Kosminski was a suspect and we have two sources which seem to say he was Jack the Ripper. We can assess the reliability of those sources, but we can do little beyond that. "

    If we settle for accepting that he was a suspect we are not jumping to conclusions.
    If we claim that he is a strong suspect today, then we are.
    If we claim that he was a strong suspect back then, we are ALSO jumping to conclusions.
    If we claim that Anderson saw him as a strong suspect, we are in the clear.
    These are the exact distinctions that apply.

    ""Was a strong suspect" or "was regarded as a strong suspect" is a rather pedantic distinction isn't it?"

    No, and that may well be where you misunderstand the whole affair. If Anderson thought that the knife threat in combination with the insanity made Kosminski a strong suspect, then I would disagree massively. We would then have a situation where we have somebody who is REGARDED as a strong suspect, but who in fact is a weak one.
    You cannot bank on Anderson being correct in making his call, Paul! Why do you think Smith considered it outrageous? Because it was only ALMOST true and a good call? Is that what we call "outrageous"? No, we call things that are WAY off the mark outrageous. And in this case, Smith may have been outraged by what he saw as a miscarriage of justice, quite simply.
    Littlechild, why did he think that Anderson only thought he knew? Because, I would submit, Littlechild had come to the conclusion that Kosminski was not a viable enough contender for the title. Both men would have been quite aware that Kosminski was REGARDED by messr:s Anderson and Swanson as a strong suspect - but none of them would agree.

    So no, there is not anything pedantic at all about the distinction. It is as vital a distinction as we are going to get, and, legally speaking, if we COULD put Kosminski on trial, this distincion could mean the difference between the scaffold and freedom for him - if Swanson was going to come good on his intentions to hang a man he knew became a certified lunatic.

    "Enthusiasm for a suspect doesn't enter into the equation."

    Good - then we shall be quite fine, and Kosminski quite freed from any accusations of being a strong suspect.

    All the best,
    Fisherman
    Last edited by Fisherman; 11-08-2012, 06:23 PM.

    Comment


    • Rob House:

      "I think it is quite obvious, and hardly debatable, that Kozminski was "regarded as" a strong suspect by the men who were at the head of the Ripper investigation."

      I do not contest this, Rob. I would have hoped that you had noticed?

      But have a lookat the NEXT point; I will cut two snippets of your post out and let you have along, hard look at it:

      "today, we ... must still consider Kozminski as a strong suspect in the Ripper case. I say this because ... there is so much we do not know about why he was suspected"

      How on earth could you present a case that lets itself end in this mess? I know that I cut and paste unfavourably for you, but you are in reality opening yourself up to it.

      If you think that you are the first person in the world that is able to make a correct assessment about a mans viability in a murder case without having seen one scrap of the evidence those who accusaed him had, then fine - go ahead and do so. I can only hope that there are others who are able to keep a cool head and a rational compass direction. There are no short-cuts in matters like these.

      The best,
      Fisherman

      Comment


      • Paul B:

        "We know next to nothing about why he was suspected, so how on earth can we judge whether he's strong or weak?"


        Let me see if I grasp this, Paul! We cannot judge if he was strong or weak - so we opt for strong.

        Is that about it?

        I would say that all suspects of whom we cannot judge if they are strong or weak, remain weak until such evidence surfaces as to provide cause for upgrading them.

        I really canīt believe that we are discussing this. It goes without saying in the civilized corners of the world.

        The best,
        Fisherman

        Comment


        • Garry Wroe:

          " I consider the evidence against Kosminski to have been neither good or bad. It was simply nonexistent."

          If I have not burnt my ships, Garry - can I please kiss you?

          The best,
          Fisherman

          Comment


          • Sir Robert Anderson:

            "I take it you haven't read them."

            I have - and came away with a picture of a normally quite calm and unexcited man.

            The best,
            Fisherman

            Comment


            • Originally posted by Fisherman View Post
              Garry Wroe:

              " I consider the evidence against Kosminski to have been neither good or bad. It was simply nonexistent."

              If I have not burnt my ships, Garry - can I please kiss you?

              The best,
              Fisherman
              How is a positive ID in the eyes of at least 2 senior police officers "nonexistent" evidence?
              "Is all that we see or seem
              but a dream within a dream?"

              -Edgar Allan Poe


              "...the man and the peaked cap he is said to have worn
              quite tallies with the descriptions I got of him."

              -Frederick G. Abberline

              Comment


              • Originally posted by Garry Wroe View Post
                And if, as many insist, the Seaside Home witness was Lawende, why was no identification forthcoming when the City conducted its own investigation into Kosminski?
                The identification described by Anderson and Swanson may have been conducted by the City

                Comment


                • Originally posted by Fisherman View Post
                  Rob House:

                  "I think it is quite obvious, and hardly debatable, that Kozminski was "regarded as" a strong suspect by the men who were at the head of the Ripper investigation."

                  I do not contest this, Rob. I would have hoped that you had noticed?

                  But have a lookat the NEXT point; I will cut two snippets of your post out and let you have along, hard look at it:

                  "today, we ... must still consider Kozminski as a strong suspect in the Ripper case. I say this because ... there is so much we do not know about why he was suspected"

                  How on earth could you present a case that lets itself end in this mess? I know that I cut and paste unfavourably for you, but you are in reality opening yourself up to it.

                  If you think that you are the first person in the world that is able to make a correct assessment about a mans viability in a murder case without having seen one scrap of the evidence those who accusaed him had, then fine - go ahead and do so. I can only hope that there are others who are able to keep a cool head and a rational compass direction. There are no short-cuts in matters like these.

                  The best,
                  Fisherman
                  This is not a trial. There is no "innocent until proven guilty" here. We are assessing historical information. The main reason he is a strong suspect today, is because he was considered a strong suspect then, by people who knew a hell of a lot more about him than we do now. And because, as I argue, many circumstantial facts support his "candidacy" as possibly being the Ripper. If you cannot understand that, then I cannot help you.

                  RH

                  Comment


                  • Abby:

                    "How is a positive ID in the eyes of at least 2 senior police officers "nonexistent" evidence?"

                    You should ask Garry about that, really, since he wrote it. I just took a chance of getting to kiss him; I rarely get that chance. VERY rarely, actually.

                    As for the ID, it was a FAILED ID, letīs not forget that. Anderson paints it out as a success, and Swanson claims that he would have had enough to hang the suspect, if only thew witness had not declined to witness - something he was not at liberty to do, according to Monty. And he is correct. Goose and gander.

                    My own stance is that there is what I call meta-evidence; evidence that there may have been evidence, that is. But the real deal, the accusation act against Kosminski, is totally and utterly non-existant. "We, the crown, accuse you, Kosminski, of being the Ripper, the reason being ... what??

                    That is where I recognize a total lack of the hard (or wobbly) evidence Anderson thought he had. And from this knowledge of mine, I come to the conclusion that we have nothing on Kosminski, factually. He was accused, yes. He was a suspect, yes. He must remain so, yes (it works both ways - if we cannot condemn him, we cannot free him either, since we doi not know the amount and quality of evidence that was (perhaps) once there.

                    The best,
                    Fisherman

                    Comment


                    • Originally posted by AdamNeilWood View Post
                      Which 'several quarters' would these have been?

                      In 1903 Macnaghten's report would be a good bet. There may have been some loose talk around as witness to Griffith's 1898 book and, maybe, Sims at that time. Abberline was in contact with the Yard as he says, which almost certainly included both Swanson and Anderson, before their retirements.

                      Comment


                      • Originally posted by PaulB View Post
                        Hi Abby,
                        I'm sorry but we can't do that. Our ignorance of past events doesn't give us the right to discount the words of those who tell us the little we know.
                        Hi Paul
                        I dont discount their words-I count them! Thats why Kos has to be considered a suspect today.

                        My point is if we are playing detective TODAY-given all we know now-the case is weak. Kos is a weak suspect. They all are. Kos (and a few others IMHO) are just less weak.
                        "Is all that we see or seem
                        but a dream within a dream?"

                        -Edgar Allan Poe


                        "...the man and the peaked cap he is said to have worn
                        quite tallies with the descriptions I got of him."

                        -Frederick G. Abberline

                        Comment


                        • Originally posted by robhouse View Post
                          This is not a trial. There is no "innocent until proven guilty" here. We are assessing historical information. The main reason he is a strong suspect today, is because he was considered a strong suspect then, by people who knew a hell of a lot more about him than we do now. And because, as I argue, many circumstantial facts support his "candidacy" as possibly being the Ripper. If you cannot understand that, then I cannot help you.

                          RH
                          Hi Rob
                          Totally got it.

                          But lets pretend it is a trial and we are detectives. Knowing what we do on Kosminski now-Is it a strong case or a weak case?
                          "Is all that we see or seem
                          but a dream within a dream?"

                          -Edgar Allan Poe


                          "...the man and the peaked cap he is said to have worn
                          quite tallies with the descriptions I got of him."

                          -Frederick G. Abberline

                          Comment


                          • Originally posted by Fisherman View Post
                            I see lots and lots of things that point totally away from putting too much trust in Anderson and his faithful companion, and therefore I deem it wise not to empty that particular cup too enthusiastically.
                            Dismissing Swanson as Anderson's Tonto ain't historically accurate.

                            Do you think after all those years that Swanson was still somehow under the spell of Anderson when he took his pencil out in his study to make those marginalia ??

                            And what do you make of this :

                            "Mary Berkins, Swanson's granddaughter, said the case was commonly discussed by her family. It was general knowledge that my grandfather knew the name of the killer, and that there was no evidence except from a Jewish man who would not give evidence for ethical reasons," she said.

                            Does this sound like there was a tradition in the family that fit precisely with Anderson's suspect? Does to me. Does she say "suspect" or "killer" ?

                            Anyone still hold that the Marginalia actually indicate a disagreement with Anderson? I don't remember which poster brought forth that gem.
                            Managing Editor
                            Casebook Wiki

                            Comment


                            • Originally posted by Fisherman View Post
                              Sir Robert Anderson:

                              "I take it you haven't read them."

                              I have - and came away with a picture of a normally quite calm and unexcited man.
                              You've read Rob House's book and all the extant records he reproduces?
                              Managing Editor
                              Casebook Wiki

                              Comment


                              • Rob:

                                "This is not a trial. There is no "innocent until proven guilty" here. We are assessing historical information. The main reason he is a strong suspect today, is because he was considered a strong suspect then, by people who knew a hell of a lot more about him than we do now. And because, as I argue, many circumstantial facts support his "candidacy" as possibly being the Ripper. If you cannot understand that, then I cannot help you."

                                I am not in any need of "help" at all. It would seem that you are, though - you have a suspect about whom you know not a iota when it comes to the evidence that MADE him a suspect - and so you help his candidacy along by promoting him to a strong suspect since he was a strong suspect back then - on grounds you know nothing about.

                                Itīs more circular than the sun.

                                To top things off, you tell me that "this is not a trial" - claiming that since we deal with "history", we may safely look away from trifles like this.

                                Well, Rob , I at least agree with you on one score: we should try and learn from history, not least the history of epic mistakes and premature conclusions.

                                That much a simple soul like me DOES understand.

                                All the best,
                                Fisherman
                                Last edited by Fisherman; 11-08-2012, 07:40 PM.

                                Comment

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