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Tumblety Exonerated? (Recreated Thread by erobitha)

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  • Tumblety Exonerated? (Recreated Thread by erobitha)

    erobitha has just posted in the Tumblety, Francis forum of Casebook: Jack the Ripper Forums under the title Tumblety exonerated?


    Apologies if this has already been shared.

    It appears to me, reading the below, that Tumbety was in Police custody from the 7th of November 1888 until he was given bail on the 16th of November 1888. Which means he could not have killed Mary Jane Kelly. Does this exonerate him?


    Source: http://<a href="https://www.findmypa...6%2F132540</a>



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    Aethelwulf has just posted:


    Can't say I've seen that before. Looks like a great find, and that FT was clearly inclined the other way!​



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    JeffHamm has just posted i

    Nice find. I seem to recall that there was always some concern about FT's opportunity for this reason - basically that he had been arrested prior to Kelly's murder and may have been in custody - the counter-argument was that he might have been out on bail if I recall correctly. In short, it wasn't established if he was or was not actually in custody at the crucial time. What you've posted seems to answer that question, and would remove him from the area on the date of Mary's murder.

    Herlock's suggested some events that could occur (and did in other cases), that would allow for him to be Mary's murderer. So for those interested in FT as a suspect, ideas like the one's Herlock has suggested need to be explored to see if there is any evidence to back them up, otherwise, the above information you've presented when taken simply as it reads, puts him out of the running. When I say need to be explored, that means research into documents is required to find proof that he was let out, not simply tossing out the hypothesis that he may have been let out. The hypothesis just means we can't say this is definitive proof of him being in custody, but rather, it is evidence that places him in custody (that is how it reads after all) - so the ball is in your court where one has to hit the ball back with evidence that shows this is incorrect. Having an idea of how it might be incorrect is great because it gives one ideas to work with, but it doesn't return the serve to get the ball out of your court. It's like saying "I know there is a brilliant move on the board I could play to turn this chess game around so I would win", but saying there is a great move doesn't get rid of the mate next move, only demonstrating it on the board for everyone else to see keeps you in the game.

    Ooo, aren't I just full of game-based metaphors today.

    - Jeff​


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    rjpalmer

    Actually, this isn't a nice "find." This calendar has been known about for many, many years (almost two decades) and has been discussed at length. It also has been widely misunderstood and misinterpreted. David Barrat far and away did the best analysis of these court calendars and proved beyond reasonable doubt that there is not enough information to show whether the subject was in custody or not.
    Tumblety Bail Revisited - Orsam Books He also wrote an article about it in the Ripperologist called "Cracking the Calendar Code." Ed Stow and Trevor Marriott disputed these findings, but Barrat set them straight with superior scholarship. Hartley is several years late to party. Stewart Evans argued, probably two decades ago, that his calendar represents police bail and a remand back into custody.
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    Jeff Hamm
    Oh, my mistake, I thought this was new. The but saying he was remanded in custody on the 7th and not bailed until the 16th looked to me to indicate he was accounted for. I recall, dimly, how that time period was debates as him being in custody but maybe not etc, and didn't realise this was the document being debated.

    I Guess the evidence that shows this isn't all it seems has, therefore, been shown already (which you allude to in David's work) and so we are still in a drawish position.

    -Jeff​

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    Herlock Sholmes;

    As per David’s research it appears that it wasn’t that Tumblety was in Police custody but that on the 7th November he was remanded into custody by a magistrate which meant that he’d have been sent to Holloway Prison but it has to be said that he could have been remanded even with or without bail.
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    rjpalmer has just posted


    David produced identical court calendar entries and then showed the suspect was not in custody over the entire span. In my opinion, his meticulous research was one of the highlights of "Ripperology" even though it was ultimately inconclusive--he proved there wasn't enough information to show whether the suspect was in custody the entire time or not.

    Such is life.​
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    erobitha


    Clearly, I don't follow the scholarship of David Barat as religiously as others.

    Having read the article now, I find Barata makes a very laborious and long-winded case for 'inconclusive'. Fair enough.
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    Part 1/ DO NOT POST YET

  • #2
    Trevor Marriott has just posted in the Tumblety, Francis forum of Casebook: Jack the Ripper Forums under the title Tumblety exonerated?

    This topic is located at https://forum.casebook.org/node/805993
    Here is the message that has just been posted:
    ***************
    Originally posted by rjpalmer View Post

    Actually, this isn't a nice "find." This calendar has been known about for many, many years (almost two decades) and has been discussed at length. It also has been widely misunderstood and misinterpreted.

    David Barrat far and away did the best analysis of these court calendars and proved beyond reasonable doubt that there is not enough information to show whether the subject was in custody or not.


    Tumblety Bail Revisited - Orsam Books

    He also wrote an article about it in the Ripperologist called "Cracking the Calendar Code."

    Ed Stow and Trevor Marriott disputed these findings, but Barrat set them straight with superior scholarship. Hartley is several years late to party.

    Stewart Evans argued, probably two decades ago, that his calendar represents police bail and a remand back into custody.
    Just for the record Barrat did not set me straight and later his errors, just for the record this is my assessment of what happened to Tumblety who was arrested on or before Nov 8th

    So where was Tumblety between November 7th and 14th 1888? In the absence of any reliable evidence to suggest Tumblety was out on bail at the time of the murder of Mary Kelly at Miller’s Court on 9th November 1888, it may be concluded that during the period between his arrest [taken into custody] on 7th November and his 14th November committal for trial he was remanded in custody for the maximum eight-day period.

    “If the investigation before the magistrate cannot be completed at a single hearing, he may from time to time remand the accused to gaol for any period not exceeding eight days . . .” [1 and 12 Vict. c.42, s.21].

    On 14th November 1888, Tumblety would have been returned from the Clerkenwell House of Detention to Marlborough Street Magistrates Court for committal to the Central Criminal Court. Once the evidence had been heard and the magistrate was satisfied it was sufficient, he “committed” Tumblety for trial.

    As it is clear that Tumblety was not bailed following his 14th November committal for trial, he would have immediately been transferred from Marlborough Street Police Court to Newgate Prison to await trial.

    It, therefore, appears that Tumblety was not eligible for bail until after his Wednesday 14th November committal for trial. Only then would Magistrate J. L. Hannay have agreed to bail, but on the understanding that suitable sureties were found.

    Between Nov 14th-16th Tumblety found suitable sureties and he was released from prison. When Tumblety failed to turn
    up for his trial the sureties were estreated

    http://<a href="http://www.trevormar...iott.co.uk</a>



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    Herlock Sholmes
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    Originally posted by erobitha View Post
    What difference does "Bailed at Police Court" mean versus bailed on an exact date?

    Tumblety was bailed from prison on 16th November, not from the police court, which is why there is a difference in the calendar between him and Jane Levy/Arthur Cottee. The information in the calendar came from the governor of Holloway prison who didn't know the dates of bail from the police courts, which is why they are not in the calendar. This was all explained in the first post of this thread:

    https://forum.casebook.org/forum/ripper-discussions/suspects/tumblety-francis/9145-cracking-the-calendar-code​​




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    Herlock Sholmes
    From reading the old posts, I thought that David Orsam had established that Tumblety would have gone on remand to Holloway prison in 1888, and even Simon Wood accepted this, so why are you copying and pasting old material which refers to the Clerkenwell House of Detention and Newgate prison? As I think David Orsam proved, if Tumblety had been bailed from prison on 8th November, which is entirely possible, it wouldn't show in the calendar. Your claim that Tumblety wasn't eligible for bail until after his committal for trial is false. He was eligible for bail at any time following his appearance at Marlborough Street Police Court on 7th November. The magistrate certainly had the power to remand him to gaol, but he could remand him with bail or without bail and, if with bail, Tumblety could either be bailed direct from the police court, if he had sureties ready, or, if not, from prison after finding sureties. That was standard procedure. You are, however, correct to say that there is no evidence that Tumblety was out on bail on 9th November. It's just that we cannot say for sure based on the evidence that he wasn't.




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    Trevor M

    if he had been bailed on Nov 8th he would not have turned up at his committal on the 14th because as we know following his committal and his subsequent bail being granted on Nov 16th he fled the country and the records show that his committal was on the 14th but he was not released from custody until the 16th


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    Herlock

    I didn't realise you were in the mind-reading business, Trevor.

    There are just two fatal problems with your analysis.

    The first is that the reference to "his committal on the 14th" is you speaking with hindsight. At the time, no one could have known if he would be committed to trial or not. It could just as equally been his release on the 14th, if the magistrate didn't think there was enough evidence to go to trial. Alternatively, he could have been remanded on bail again (with committal at a later date).

    The second is that, if he had been granted bail on the 7th (and released on the 8th), he would surely have been confident of being granted bail again on the 14th.

    So, while you can argue your case until you are blue in the face, it doesn't escape the fact that there is no actual proof of whether he was in prison on the 8th or not.​​


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    Trevor

    It's not just my analysis is what the facts and the documentation tells us

    Of course there is proof, Tumblety when charged with the gross indecency offences would have been made aware of the severity of those charges and the likely punishment so if he had been bailed on 7/8th why did he simply not do a runner then. He wasn't bailed because at that time he had not found any sureties.

    You don't have any argument to offer the docs tell us that he was released on bail with sureties on the 16th following his committal on the 14th, So where do you think he was between the 14th and the 16th? in jail where he was up until the 14th​


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    This concludes what we are able (or willing to go fishing for. As it seems likely it will just deteriorate into the usual bickering, we are sure you can carry on from here.


    Have fun.

    Comment


    • #3
      There isn't really anything more to say, it's just a plain fact that we don't know from the records if Tumblety was in prison on the 8th/9th November or​ not.
      Regards

      Sir Herlock Sholmes.

      “A house of delusions is cheap to build but draughty to live in.”

      Comment

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