August 24[SUP]th[/SUP], 1917
LITTLE LIGHT THROWN UPON THE MACROBBIE TRAGEDY
Herbert Asselstine Proved an “Unsatisfactory” Witness, the Crown said.
Some Contradictions – Testimony of Medical Men Not Taken
Not in many moons has Hamilton been aroused to such a high pitch of interest as that displayed in connection with the MacRobbie tragedy, which occurred last Sunday night on the premises of the Crescent Oil Company. At the opening of the inquest, last night, at the Central Police Station, the crowd of spectators who turned out to satisfy their curiosity became so large and so boisterous that they threatened to break into the court room where the inquiry was being held. Chief Whatley had several men on guard at all entrances, but it was impossible to clear the crowd who gathered in greater numbers than ever. Some of the more excitable threatened to call out the Mayor, if they were not permitted to enter, but Chief Whatley firmly, ordered all doors locked.
Although very few facts of an enlightening nature were brought out at the inquest last night, the authorities made considerable progress. Altogether, four witnesses were examined by the Crown Mrs. MacRobbie, the late doctor’s widow, Herbert Asselstine, Mrs. Powis and Harry Bell.
Asselstine was a somewhat refractory witness, and was called to task several times by the coroner and Crown Attorney Washington. Some of the watchman’s answers were classed as “unreasonable” and “unsatisfactory.” The Crown thought he seemed plagued with a decidedly short memory, and stock answers. “I don’t know” or “I couldn’t say,” were very annoying. His misunderstanding of the queries put him seemed almost intentional at times and called forth several sharp rebukes from the Crown. Asselstine stuck pretty well to his original story, except in the matter of the time of the time he found the body. Although he had previously been reported to have stated to the newspapers that it was 11:30. The evidence of Harry Bell also differed from that of the watchman, in the matter of the location of the body of MacRobbie, when found. Asselstine stated that when he saw MacRobbie, he was lying on his back, with his head on some iron bars. In direct contradiction was Bell’s statement that MacRobbie was laying on his side, with his head several inches from the bars in question. Each witness when examined was positive on this particular point.
Mrs. Powis, the Indian woman, still adhered to her story of hearing the cries for help from the Oil Company’s building and her testimony in this regard was unshaken under the cross-examinations of the Crown Attorney and counsel for the three men now in custody.
Mrs. MacRobbie remained calm throughout the whole proceedings and answered the questions put to her lucidly. She watched the affair with steadied interest and hardly ever lifted her eyes from the witness under-examination.
The three men, Smith, McAuliffe and Scott, remained in the dock throughout the progress, and from their restlessness it was evident they were suffering under the ordeal. Scott was the most composed of the three, but Smith and McAuliffe were almost continuously mopping from their foreheads the big beads of perspiration. The three prisoners looked pale and wan, apparently as the result of their confinement. Their evidence was not taken.
“I DID NOT LIKE THEM”
Mrs. MacRobbie, the widow of the dead man, the first witness called, was very composed, as she took the stand and answered the questions put to her in a straightforward manner.
In reply to the first query of Crown Attorney S. F. Washington, Mrs. MacRobbie stated that the late Dr. MacRobbie left the house about 8 o’clock in the morning of the day of his death, and returned between 11 and 12 o’clock. He went right upstairs and laid down. During his absence the witness stated, three men called in an auto and asked for the doctor.
Asked if she could identify the man who got out of the car and came to the door, she said:
“The man I saw wore a rough-looking brown suit and cap and slouched. I did not like the look of him. The man at the wheel had sharp features. He had no hat or coat on.”
Pointing to the three men in the dock – Smith, McAuliffe and Scott – the Crown asked her if she could identify them as being the three men who called in the auto, Mrs. Mac Robbie pointed out Scott and said he might be the man at the wheel. “He is not dressed in the same clothes as the man who came to the door. If I could see him in the same clothes, I would recognize him immediately.”
Mrs. MacRobbie explained that at the time the auto came up, a milk boy came to her door by mistake.
“Just then the man called out from the car for the doctor. I told him he was not in and shut the door. I watched them as I did not like the look of them. I saw them speak together. Then the one came up to the door and asked when the doctor would be in. I had no intention of telling them. I told them not till night.”
WATCHED THE CAR
“I watched the car as far as I could see it. I did not like the look of them,” again reiterated Mrs. MacRobbie, with emphasis.
The auto called between 10 and 11 in the morning, she continued under cross-examination by Crown Attorney Washington. The dead doctor often was called out and did not often tell her where she was going. Her husband got up after going to bed between 3 and 4 o’clock. He came down then and played with the baby a few minutes and then went upstairs and laid down again. He did not come down again until about 7 o’clock in time to answer the door to a lady. The witness was on the back verandah at the time, but heard the doorbell ring twice before he went out about five or ten minutes to eight.
Replying to the question put by Mr. Washington, Mrs. MacRobbie said she had never heard the names of Smith, Scott or McAuliffe mentioned by the doctor. She never knew of her husband going to premises of the Crescent Oil Co.
DID NOT TELL OF CALL
“Did you tell your husband that these men had called?” asked M. J. O’Relly, K.C., acting for McAuliffe, who then took the witness.
“No,” she replied emphatically. “I did not like the look of them.”
“There would be no harm in telling him,” proceeded the lawyer, “would there?”
“I suppose not,” answered Mrs. MacRobbie, after a moment’s thought.
Replying to C. W. Bell, counsel for Smith and Scott, Mrs. MacRobbie said it was not unusual for her husband to go out at such an early hour Sunday morning.
“Did you keep record of calls made during his absence?” asked Mr. Bell.
“No, I always answered the door, except when he was at home,” she answered.
WAS NOT WORRIED
Although the doctor’s office hours at night were 6 to 8 o’clock, he left no word of his being detained, she said. The witness stated she did not institute any inquiries when her husband did not return that night. “I went to bed at 10:30. I slept soundly and he could have come in and gone to bed without my knowledge.”
She stated to Mr. Bell that she did not know whether the doctor went out alone or in company with others.
ASSELSTINE EXAMINED
Herbert Asselstine, 114 Caroline street north, stated that he had worked at the Crescent Oil Company’s plant for the past three months. He left home last Sunday in the morning to go out in an auto with Mr. Dick Sturgles, Harriett street. He had not been in the company’s premises during the day. He returned home about 7:30. From then he was around the company’s premises until 9:30. He then walked home, where he found a man standing with an auto. He did not know who owed it. He thought it might belong to someone who was in the office, which was brilliantly lighted.
“Why you think that?” asked the Crown.
“You got me there,” was the reply.
Witness continued that he saw lights about 9:45PM for the first time. He did not go in, although he thought it unusual. It had been lit up before on Sunday, but not so brilliantly. Mrs. Smith had been around in the afternoon.
“But she would not be around in the upstairs room?”
“Sometimes they go up there to wash.”
“Why did you not investigate?”
“I had no keys.”
After further questions, he drifted back to the auto, which he stated, he went back to light. This was at 10:15. After an introduction by the Crown to McAuliffe, he thought it was his car.
He then noticed more lights where lit. He met Smith coming south on Caroline street, in company with another men. “I went to the corner to see of the lights where lit and see if anything was going on,” said witness.
Smith went into the office and he, the witness, declined an invitation to go also. He could not identify the man with Smith. Neither would he say that he looked like the deceased doctor. He knew McAuliffe to look at.
WITNESS CAUTIONED TO BE FRANK
“Mr. Asselstine,” interrupted the coroner, “it appears to me that you are not a very frank witness. I would advise you to answer in a straightforward manner and not hedge and evade so much.”
The Crown then proceeded with the examination. Asked if he knew Dr. MacRobbie, witness answered in the negative, but admitted knowing Scott. He did not think Scott was the man in company with Smith. He did not know a man who came along in an auto with a punctured tire, but helped fix it. Mr. Scott held by the Crown, but another man a tinsmith.
By the time the lights on the first car had gone out. He thought then that Smith was interested in the car as he told him to light the lights, although it was not his own, being a five passenger, while Smith’s was a runabout.
THOUGHTFUL OF NEIGHBORS
Two men came along and asked if “Harry” was in. “There was some noise going on, like singing. I was going in to stop it,” said Asselstine.
“Did you know if it was Smith’s – I was going to say – soprano voice.”
“No.”
“You could not tell whose voice it was.”
“When Smith called out to light the lights, did his voice appear to be that of a sober man?”
“I could not say.”
“Did you try the door?”
“Yes, and it was locked. I could not get any one to hear and did not want to arouse the neighborhood.”
FOUND THE BODY
After the stranger’s car was repaired he went with the two men to the rear door to see if Smith was in. He found it open and went upstairs, the men following. There was only one light upstairs. He found three men in there with Dr. MacRobbie’s body lying with his head on the bars in a pool of blood. He said, “I guess this man has hurt himself.”
A plan of the office was then produced and the witness described the manner in which the other three men were lying asleep. Dr. MacRobbie was almost on his back, with his head against, not right on, the iron bars. Later, witness thought the head was on the bars. “I asked what I should do, and someone said, “Telephone for Harry Bell,” he declared.
FORGOT POLICE
“I am not a good man to tell, so did not know if deceased was alive. He was not moaning,” witness replied when asked if the doctor was alive.
“Did it occur to you then or at any time to call the police?”
“No, it did not.”
“These two men were with you when you discovered the body?” inquired the coroner.
“Yes, but I do not know their names.”
“What time did you call Bell?”
“About 11:30.”
“Did you tell anybody it was half past 10?”
“No. I had no watch.”
“How long was it after you called Bell before he arrived?”
“It might have been half an hour.”
KNEW MEN NOW
Further questioned witness admitted that he knew the three sleeping men, but did not attempt to awaken any of them, not even Smith.
“Why did you call Bell when you had the proprietor right with you?”
“Because someone suggested that I call Bell.”
“All you told Bell was that there had been an accident.”
“Yes.”
“Did he appear to know it was Dr. MacRobbie?”
“He seemed to.”
“Did he try to awaken Harry Smith?”
“No.”
After phoning for a doctor, Bell went away to get one. He, the witness left the building also, and during that time he did not know that anyone else left the building.
UNREASONABLE WITNESS
The coroner asked witness if it would not be common sense to awaken Smith under such circumstances if he did not know that he was drunk. After mumbling by the way of answer in an evasive manner the coroner remarked: “Your statements are most unsatisfactory and your conduct unreasonable.”
REMOVED SLEEPER
Witness said someone remarked, “Take that man out of the road where he could have a sleep,” pointing to McAuliffe. When he came back McAuliffe was at the bottom of the stairs. He could not say that he was drunk, but he was a little “lobby.” He left him in the yard. A number of whiskey bottles were taken out from under the bath tub. “I did not keep track of them. I think there were two,” Asselstine remarked, at which the assemblage broke into laughter. A number of empty Scotch whiskey bottles were found on his yard, although he did not put them there.
Witness and the Crown at this juncture had a little argument when asked if Smith had left the warehouse, accusing the Crown of bringing several more warehouses into the discussion. Mr. Washington claimed it was but one he was speaking of.
NO BLOOD ON HANDS
M. J. O’Relly, K. C., counsel for McAuliffe, then examined the witness. He drew forth the information that witness heard no other sound issue from the building than singing. Asked how long McAuliffe stayed in the yard, he replied that it was until the police came.
Mr. O’Relly suggested that he might have blood on him as a result of being around the body.
The Crown presses this point, asking if he had blood on his hands. Witness replied not to his knowledge as he washed his hands and did not notice any.
“Did you touch the body?”
“Not that I know of.” At which several exclamations were heard in the court room.
“Has anyone been to you about your evidence?”
“Not that I know of.”
“Did you take a note to Mr. Bell today?”
“What Bell?”
“Mr. Bell, the lawyer.”
“No, not today; that was yesterday.”
“Then you did take a note?”
“Yes, that was about a bluff telegram and had nothing to do with this.”
HEARD CRIES FOR HELP
Mrs. Powis said she lived at 118 Caroline street north. “I was home last Sunday night,” she said. “I did not see anyone around the Oil Co., but the windows were lighted up about nine o’clock. I went to bed about ten.”
“Did you hear any noise from the building?” asked Mr. Washington.
“I heard four cries for help; I thought they came from the building. They sounded as if someone was holding their hand over someone’s mouth. I got up to get the baby a drink of water. It was eleven o’clock by the clock.
“What awakened you from your sleep?” asked Mr. Bell.
“The baby moved around and started to cry,” she answered. “I gave the baby a drink.”
“I heard the cries for help after I had gotten the baby quieted,” she reaffirmed.
The first two cries followed each other closely. The third was about a minute later. The last call came about five minutes later, the first call being the loudest.”
“Did it alarm you?”
“No, it didn’t frighten me at all.”
“Did you ever hear a drunken man shouting before?”
“Yes, I did; some Italians, once.”
“Did the calls sound like that?”
The witness thought that the cries might possibly have come from some Italians living nearby, however.
WERE ALL AT OFFICE
Harry Bell, on being called, said he lived with Harry Smith.
“Were you at home when Smith left the house in the morning?” asked Mr. Washington.
“Yes, I was. I went to the office with McAuliffe, in his car, and myself. Asselstine phoned about ten minutes twelve,” said witness.
“Dr. MacRobbie was in the office when I got there; so was Scott.”
“What were they doing in the office Scott, McAuliffe and MacRobbie?”
“I don’t know.”
“Did you ever see any cards or drinking?”
“No, never.”
“I went out shortly after,” volunteered Bell. “As far as I could see they were all sober.”
The witness said Scott and McAuliffe and also MacRobbie had been there on several occasions.
“What did Asselstine say when he phoned?”
“He said, ‘Come down right away; there is someone hurt.’ I told him I would be right down.”
“Did you ask who was hurt?”
“No; I told him to get Campbell.”
“Did it occur to you that a doctor might be of some use around there?”
“No, it didn’t”
Mr. Dornan was the first man he saw when he came down, he said. “I asked him who was hurt. He said he thought it was Dr. MacRobbie. He went to the side door, followed by a man named Hindes, he said. “I saw McAuliffe and Smith lying on the floor. They were asleep.”
HEAD NOT ON BARS
The body was lying on the right side. There was a cigarette in the two fingers of his right side. The head was about two inches from the bars, and his legs were out straight. I touched his right hand, but I didn’t get any blood of mine.”
“Did you notice any sign of life?”
“When I touched his wrist, he gave a groan and turned over on his back. I went downstairs and called the doctor, but I did not touch anything about the place. Only Smith and McAuliffe were lying down when I got there,” he said in an answer to the Crown’s query. “I didn’t see Scott then at all.”
“Did you attempt to arouse these two men?”
“Yes, I did,” I didn’t get any response at all.”
“Did you notice any smell of liquor?”
“No, I didn’t.”
“Did you think it important to wake them up?”
“Yes, I did.”
“Yet, you only made one feeble effort.”
He left Asselstine and Dornan in charge while he went for the doctor, witness said.
“I got back about a quarter to one. Smith and McAuliffe were still lying there. There was no change in position of body since I left.”
“Who aroused the men?”
“Mr. Fowler.”
“Did they appear to have their senses about them?”
“No, they could hardly walk.”
“Mr. Smith asked what was the trouble, Fowler said ‘do you know the doctor is hurt?’ He muttered something but I don’t know what it was.”
“What about McAuliffe?”
“He appeared in the same condition. He was muttering something.”
“Dr. Langs and I were downstairs when McAuliffe came down.”
“What became Smith?”
“I think he went home.”
“How was the cigarette in MacRobbie’s hand?” asked the coroner.
“It was about half-smoked.”
“The one we found was whole,” said Coroner McNichol.
DID NOT TALK WITH SMITH
“What did you and Smith talk about on the way down from the house when you brought him back?”
“I didn’t talk to him, I was driving the machine.”
“Surely you asked Smith what had happened.”
“No, I didn’t; I was driving the machine.”
“Weren’t you curious about it?”
“No, I wasn’t Detective Sayer just sent me up to bring him back. I didn’t talk to him.”
“Was his head on the bars of iron?” again asked the coroner.
“No, it was a few inches away.”
On the suggestion of Coroner Attorney Washington, the inquest was adjourned until Friday, August 31[SUP]st[/SUP], at 8:15 o’clock.
August, 25, 1917
POLICE HAVE INSTRUMENT WHICH BEARS BLOOD STAIN
Could Have Been Used in Dealing Blow That May Have Killed MacRobbie
A New Feature Which Renews Interest in the Tragic Death
The belief that Dr. Douglas G. MacRobbie, the young Hamilton physician whose almost lifeless body was found to an upstairs storeroom of the Crescent Oil Company, on Cannon street west, late last Sunday night, came to his death by violent means is growing in the minds of the authorities and those delegated to investigate the tragedy. It is now definitely known that the police have in their possession a large piece of wood in the shape of a mould, which was picked up near the dying man by the police shortly after their arrival. The piece of wood is spattered at one end with a deep blood stain, but whether this patch got there as the result of an accident, or the mould was used to inflict the blow which caused the deep wounds at the base of the deep wounds at the base of the doctor’s skull, is still a matter of conjecture. The weapon is semicircular in shape and measures about three and three-quarters of an iron in diameter. It is about two feet in length and weighs in the neighborhood of three pounds.
According to one of the doctors who examined it, the stick could not be handled in an offensive way by anyone with one hand. Using both hands, an assailant could deal a very heavy blow, sufficiently severe, it is thought to cause the deep gashes in the back of the dead man’s head despite the fact the weapon is not very heavy. There is only one blood spot on the stick, and that is located close to one end, and covers an area about two inches square. As yet the blood spatter has not been analyzed by the expert engaged upon the case, and it is stated that this will not be done until the article in question is produced in evidence.
While the authorities have not had the clothing of Smith, McAuliffe or Scott examined by the analyst with a view of ascertaining if there are any blood stains, all the wearing apparel worn by the three men on the night of MacRobbie’s death is now in the hands of Detective Sayer. This officer has made no announcement of his findings in this regard.
Smith, Scott and McAuliffe, who are still being held at the Barton street jail, without bail, were photographed by Police Photographer McHaffle yesterday. It was apparent that the three men keenly felt their position, but they submitted graciously, having no alternative in the matter. The usual face and profile plates were taken, and they will be place in the police record in the regular way.
License Inspector Sturdy, with the co-operation of the local police, is working on the liquor end of the case. According to the evidence submitted at the inquest, the three had been drinking on the night of the tragedy. The fact has also been established that MacRobbie had consumed a quantity of liquor immediately prior to his death. As the supply of intoxicants, apparently, did not come through in the regular way, the authorities are endeavoring to discover where the liquor was secured. The case was so complicated, Inspector Sturdy said this morning, that their efforts had as yet, met with little success.
August 27[SUP]th[/SUP], 1917
CROWN REFUSED BAIL FOR THE THREE PRISONERS
Smith, McAuliffe and Scott Were in Police Court Dock Today
Authorities Think They Have Further Evidence of a Struggle
That the death of Dr. Douglas MacRobbie in the upstairs premises of the Crescent Oil Company was preceded by a struggle or scuffle of some kind became almost an established fact, following new and important evidence unearthed by the police. Although great importance was attached to the testimony of Mrs. Powis, the half Indian who stated that she heard cries for help emanating from the building late Sunday night, it was thought that she may have confused these noises with the cries of her babe. Her story, however, is substantiated by Mrs. William Baker, of 83 Barton street east, who was passing the scene of the tragedy a few minutes after 11 o’clock Sunday night.
Mrs. Baker was very reticent when seen by the Times reporter this morning, but she passed the Crescent Oil Company a few minutes after the hour, in company with her 15-year-old son George, returning to her home on Barton street by a short cut down Cannon street, after a visit to her sister, Mrs. Samuel Freeman, at 37 Inchbury street. She is quite positive of the time, as when she passed the Hess Street School the clock in the tower was striking the hour.
As she passed the building, she says, the upper part was brilliantly lighted. This did not strike her as being unusual, but just as she passed the door, she heard a gurgling sound, which attracted her attention. “My God, what is that?” she exclaimed to her son, as she stopped momentarily to recover from her sudden fright. The sound, however, had subsided, and she heard it no more. Standing out in deep silhouette on the window shade. However, she saw the upper part of a man’s figure. He appeared to be in his shirt sleeves, and from his appearance, she adjudged that he must have been asleep as he never moved. He was sitting in a half reclining position, with his body projecting above.
The silent witness of this extraordinary event never waited to inquire into the matter, but hurried on to her home. It was not until next day that she read in the papers of the death of Dr. MacRobbie and her mind went back to the scene of the night before. So shocked was she that for several nights after she could not sleep. The vision of the mysterious happenings which were being enacted behind the drawn shades and the unusual sounds she had heard, as she passed, constantly recurred to her. Mrs. Baker has told her story to the police, and it is considered that she and her son, who also heard the noises will be important witnesses at the adjourned inquest next Friday night.
The statements of Mrs. Baker support those of Mrs. Powis, although the description of the sounds coming from the building, differ to some extent. Mrs. Powis maintains that she heard four cries for help, while Mrs. Baker explains that the noise she heard sounded muffled, as if someone was holding their hand over the other’s mouth.
WERE ALL DRUNK
“Sandy” Lemond, residing on Troley street on the mountain, a former employee at the old Schwendiman farm, substantiates the story, that the Smith, McAuliffe and Scott, visited the former’s farm on the mountain, on the day of the tragedy. Lemond states that he met the three men in an automobile and they invited him to join them and go out to the farm. He accepted, but deeply regretted his course after he had gotten into the car and proceeded a short distance. The men, he says, were all drunk and drove so recklessly, that he (Lemond), had visions of an upset into the ditch. When the party arrived at the farm, they got no liquor, Lemond stated, but they were so intoxicated that he was frightened to return back with them, and he contemplated making the five miles back home on foot. Smith, who appeared the most sober of the three persuaded him however, to get in the car again, stating that he would drive. Smith’s farm, the driver swerved the car from the road and they passed right across the creek, through about two feet of water at a reckless pace. Fortunately, the automobile did not crash lemond is not sure who drove the car on the way on the way out to the old farm.
RE-EXAMINED WOUNDS
Drs. Langs and Parry, who performed the autopsy, absolutely refused, when questioned by the Times, to discuss the report that Dr. MacRobbie’s body had been disinterred for the purpose of clearing up several facts, which had cropped up since the postmortem had been made. It was stated, however, by Coroner McNichol, that this had been done and that in keeping the affair dark, the authorities had done so purely for sentimental reasons.
“I had no object in keeping it a secret,” said the coroner, “beyond the fact that I wanted to spare the feelings of Dr. MacRobbie’s aged father, who seemed terribly worked up when he heard rumors that the re-examination had taken place. When asked by the newspapers on Saturday if I had written an order for the exhumation. I said ‘no’. That was perfectly true. I only gave a verbal order and up to the present time I have given no signed order.
While it is believed that the purpose of the move was to permit of a further examination of the wounds on the head of the dead man, the physicians working on the case refused to confirm this. Coroner McNichol stated that while this was his belief, he could not state positively, as he had not received any report from the medical men. In the opinion of those in close touch with the case, there may be some connection between the exhumation and the blood-stained piece of wooden moulding, which was found near MacRobbie’s body and which is now in possession of the police. While the doctors have not made any statement following their investigations, it is said that the appearance of the wounds point to the fact that they were caused by a blow. Consequently, this probable weapon is considered to be one of the most important pieces of evidence, to be submitted, when the enquiry is resumed next Friday night.
According to the police, the three men now in custody in connection with the case – Smith, McAuliffe and Scott – have been given every opportunity to clear themselves. When arrested and questioned they were allowed to make a statement, and all absolutely denied any connection with MacRobbie’s death, and maintained they were ignorant and innocent of the crime. In statements made to Coroner McNichol, Smith repeatedly said, “I don’t know a thing about it,” according to Dr. McNichol yesterday.
That the authorities are “up against it” and really have not made a great deal of progress towards the solution of the mystery is generally admitted. Detective Sayer has been working diligently on the case, but any new facts brought it only seem to add to the complexity of the case.
“It is the most complicated case I have ever had anything to do with,” said Coroner McNichol to the Times reporter yesterday. “The Kinrade affair was easy beside it. There we knew how the girl died, and all we had to do was find the person who shot her. In this case there are so many possibilities that we have to eliminate that it becomes more and more difficult as we proceed.”
NO BAIL
The benchers at the Police Court this morning were on the clock when. Smith, McAuliffe and Scott, the three men who loom so largely in the MacRobbie case, tiled into the prisoners pen. George W. Ballard, of the law firm of Ballard & Morrison, and M. J. O’Relly, K.C., asking that as they on charged with the nominal offence of being vagrants that they be given their liberty on bail.
“I will be guided by the advice of the Crown Attorney in this matter,” said the Magistrate.
“The matter is too serious to take any chances,” remarked Mr. Washington shaking his head in the negative.
“My advice is that bail be not granted.”
The prisoners did not seem very disappointed at the conclusion of the Crown, and were immediately returned to the cells.
August 29[SUP]th[/SUP], 1917
MYSTERY OF MEN IN BUGGY HAS NOT YET BEEN SOLVED
It Would Go a Long Way Towards Solving the MacRobbie Problem
Other Clues and Theories Are Being Closely Followed in the Difficult Case
While no further clues have been unearthed in the MacRobbie case, the police are still working along several theories, which, it is hoped, may lead to some definite point in the solution of the mystery. The report that two men were heard to dash away in a buggy a few moments after the cries for help were heard, coming from the upstairs room of the Crescent Oil Company, is considered of great import, and it is being thoroughly investigated by Detective Sayer. As yet he has been unable to discover the identity of the two men, but, if they can be found and put in the witness stand, they could shed considerable light on the tragedy, the officer feels. One of the most mysterious facts in connection with the death of Dr. MacRobbie, is that no evidence of what all four men were doing in the stockroom of the Oil Company, on the night of the physician’s death, has been found. While the three men now in custody – Smith, McAuliffe and Scott – had all been drinking, no bottles were found in the room. Several, it is true were found behind the bathroom tub, while a couple were also found outside the rear window, having apparently been thrown out and smashed on the ground. The police are of the opinion that while a carousal of some kind was in progress on the night in question, the men may have occupied their time in some other way, as yet unknown. It seems improbable that they would repair to an upper room of the building merely for the purpose of indulging in a few drinks.
It has been rumored around town that Dr. MacRobbie, just prior to his death, won a large sum of money. The supposition has been made that there may have been a card game going on the night of MacRobbie’s death, but although the police have been working on this theory, they have found no evidence to substantiate it. If it was the case, all evidence of an implicating nature must have been cleared out before the arrival of the police. It is believed that men with the horse and buggy who were heard to leave the building, hurriedly, may have assisted in this connection.
In the piece of blood-stained moulding the police believe they have a most important bit of evidence. This likely weapon has been forwarded to Ottawa for the purposes of examining the fingerprints. These are quite discernable and stand out distinctly, as if it was clutched tightly by someone with both hands. It is quite apparent that the hands of the person who handled the stick where soiled, as ´the imprints of the fingers are quite easy, it is said, to decipher.
If the reports of the physicians who are working on the case show that the wounds on the back of the doctor’s skull were caused by a blow and the authorities are able to find the person whose finger prints correspond with the impressions upon the moulding, they will have gone a long way towards the ultimate solution of the problem.
Dr. Jaffrey, the city bacteriologist, who has been retained by the Crown to give expert evidence on the blood strains found on the floor and on several other articles, stated this morning that he had made no attempt to analyze the blood found on the weapon. This will not be done, he said, until it had been presented for inspection by the jury.
The examination of the dead man’s stomach has been completed, and while it is generally understood that Dr. MacRobbie had been drinking immediately prior to his death, there is nothing to show that the liquor he had consumed was “doped.” The police were working along this line believing that the whiskey he drank may possibly have been doctored for some ulterior motive.
M. J. O’Relly, K. C., is in Toronto today with the object of securing the release of his client in the MacRobbie’s case, J.J. McAuliffe on being refused at the police court.
September 1[SUP]st[/SUP], 1917
INQUES STILL THROWS NO LIGHT ON TRAGEDY
Eddie Dornan’s Testimony Best Story Told of Affair
Asselstine Flatly Contradicted on Important points
Despite the fact that a dozen witnesses were given a grilling cross-examination for over three hours, very little new light was thrown on the MacRobbie tragedy, when the inquest was resumed by coroner McNichol in The Central Police Station last night. A feature of the probe was the straightforward testimony of Eddie Dornan, the proprietor of the Royal Oak Hotel, who, it transpired, may we been the first to see Dr. MacRobbie. Although Asselstine at the previous hearing had stated that he had gotten no blood on his hands, Mr. Dornan was positive that his hands were stained when he moved the doctor’s head in order that he could see who it was. He then recognized Dr. MacRobbie.
Herbert Dornan, a brother, was quite positive that all four men, who had visited the hotel several times during the day, had been drinking something stronger than two percent. When they came back later in the evening, the witness stated, this was quite evident, but although he was sure they were not sober, he would not say they were drunk. All appeared, however, to be on friendly terms with each other.
Mrs. Baker stuck firmly to her story, that she had heard screams emanating from the Oil Company, as she passed shortly after eleven o’clock, on her way home from a visit to her sister. Her 13-year-old son proved a bright witness and substantiated his mother’s statements in this respect.
Asselstine still continued his evasiveness, and very little new evidence was brought out when he was recalled. He denied absolutely the allegation of Eddie Dornan that he had been drinking anything stronger that local option beer that day.
Benjamin Fowler’s evidence did not bring out anything new, and Crown Attorney Washington, had occasion to urge him on more than one occasion to be more explicit and definite in his answers.
Harry Bell was recalled, and several questions were pulled to him, but he could show no further light on the affair.
The three prisoners occupied their old places in the dock and watched the proceedings with interest. Mrs. MacRobbie was also an interested spectator, but was not recalled to testify.
At the request of the prisoner’s counsel, the inquest was adjourned until tonight. There are still a number of witnesses to be examined, while the medical testimony and the report of the Dominion police on the finger prints found on the bloodstained piece of moulding is yet to be received. It is doubtful, if the Crown will be able to conclude it this evening.
The proceedings were somewhat delayed by a temporary break in the electric light system. There was a scurrying for candles and burglar lanterns, and the enquiry proceeded for a time in a subdued light.
SAW MRS. SMITH
Mrs. Harry Blackwell, 137 Cannon street west, when called, said she saw Dr. MacRobbie at the Oil Company’s place about 11 o’clock in the morning. She also saw Mrs. Smith in the office about 7:30.
“Was the building lighted up?” asked Crown Attorney Washington.
“Yes.”
“Did you see any men about the building?”
“No, I didn’t.”
She could not tell, in answer to C. W. Bell, whether the doctor was drunk or sober, when he came out. He seemed to have trouble in opening the door.
“What did Mrs. Smith appear to be doing?” asked Mr. Bell.
“She was writing or something.”
SAW MACROBBIE
Clarence Dilke, 201 York street, said he knew MacRobbie well, his office being at one time next door to him.
“Did you see him on Sunday night, August 19[SUP]th[/SUP]?”
“Yes, he came in the side entrance. My mother opened the door and gave him a bottle of Gold Crown lager. The clock struck 8 o’clock just as the doctor left.”
HEARD MUFFLED SCREAM
Mrs. William Baker, 37 Barton Street east, between John and Catherine streets, was paying a visit to the home of her sister on Sunday night. Her sister lives on inch bury street. Mrs. Baker was in company with her oldest son, George, a boy of 13 years. She and the boy, according to her statement, left the home of her sister at 10:50. They came down York to Hess street. Just as they were in front of the Crescent Oil building, she and the boy heard a muffled scream, which seemed to come from the front of the building. Cross-examined, she said she could not locate the scream exactly, and could not tell whether it came from the office or not. Her statement went on as follows:
“We had passed the window in the downstairs office, on the west side of the building, when we heard the scream. I naturally looked back and noticed this window, from which a light was proceeding as much as could be allowed from under some six inches of the blind, which was down. At a passing glance, I discerned what I took to be a figure – the shoulders of a man or woman, I could not say which – with white clothing on it. It might have been imagination. What I saw was only a passing glance. Then we passed on.”
The witness also saw an auto standing on the street between the alley and the store on the corner. There were two men standing beside it, she affirmed, and they appeared to be fixing it. Two women and a child were sitting on the sidewalk beside the car. She observed them at the time she heard it. At least, they made no motion. She was not close enough to observe their features, and could not identify any of the party. She and her son walked on without paying any attention to the noise. The street was dark and she was only with her son. In answer to the counsel’s query, she said that the building appeared to be lighted up. She and her son, as they passed by the office, were attracted by the sound of music farther down the street, at a house where some people were playing lively and loud tunes. Nobody else apparently had heard a scream. She and her son went on home, and she said nothing further about it, as everyone else was in bed when they arrived there. Next morning she mentioned the affair to her neighbor, Mrs. Obermeyer, and shortly afterwards heard of the murder. In the time between that when she arrived home and until she spoke of it to Mrs. Obermeyer, she had said nothing of it to anyone.
ALSO HEARD A SCREAM
George Baker, the young son of Mrs. Baker, stated that he was with his mother that Sunday night.
“Did you hear the noise coming from the Oil Co. office?” asked the Crown.
“Yes, I heard a muffled scream.”
“Did you speak to your mother about it?” asked Mr. O’Relly.
“No, not until the next night,” answered the boy. “When mother said:
“There was a murder down there.”
“Did you hear any music?”
HELPED FIX CAR
“Yes, down near Bay street.”
Clarence I. Scott 107 Caroline north, in answer to Mr. Washington, said he was a tinsmith and knew Asselstine slightly. He saw the latter working on a car and came over to see what he was doing.
“Who was in the car when you got there?”
“Two women, a little girl, the man himself and Asselstine.”
“What time was it when you came away?”
“About half-past eleven.”
“Have you any means of telling the time?”
“No, I haven’t. it was about 12 o’clock when I got home. I think it took about a half hour to repair the car.”
He stated that he did not know the three men, Smith, McAuliffe and Scott personally, although he knew McAuliffe to see him. Asselstine, he stated, asked him to run the car standing on the opposite side of the street into the alley. He did not know whose car it was.”
“Were the car’s light burning?”
“Yes.”
“Asselstine told us they weren’t and that was why he wanted it taken off the street,” observed the Crown Attorney. Witness later saw Dornan and Hinds who asked for McAuliffe went to his home.
“Did you hear any other noises?”
“Yes, I heard a commotion outside.”
“Can you give a description of the men driving the car?”
“No, I couldn’t he seemed about 33 years of age, and had a smooth face.”
MACROBIE WAS SOBER
Ernest Theobald, 46 York street, was called early in the proceedings, but did not appear until some time after wards. He was one of the last to see Dr. MacRobbie alive. He stated that he saw the deceased about noon on Sunday going up Railway street. He spoke to him and said “Good morning, doctor,” and the doctor replied in the usual way. The deceased was going east at the time, and was in good condition, and perfectly sober as far as the witness could see. That was the last he saw of him. He was quite a friend of the doctor.
