Edward Marshall-Hall
Encyclopedia
Brighton
Brighton is the major part of the city of Brighton and Hove in East Sussex, England on the south coast of Great Britain...
, 16 September 1858 – 24 February 1927) was an English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
barrister who had a formidable reputation as an orator. He successfully defended many people accused of notorious murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
s and became known as "The Great Defender".
Marshall Hall practised as a barrister in the late Victorian era
Victorian era
The Victorian era of British history was the period of Queen Victoria's reign from 20 June 1837 until her death on 22 January 1901. It was a long period of peace, prosperity, refined sensibilities and national self-confidence...
and in the Edwardian era, when the public took a great interest in the sensational court cases of the day. Big criminal and civil trials were widely reported on by the popular press on a daily basis. As a consequence, he and other successful barristers of the day became very famous. The widespread belief that he was a much better orator than lawyer may explain his failure to achieve elevation to the High Court, which was a source of great disappointment to him.
Personal life
Born in BrightonBrighton
Brighton is the major part of the city of Brighton and Hove in East Sussex, England on the south coast of Great Britain...
the son of eminent physician Alfred Hall, Marshall Hall was educated at Rugby School
Rugby School
Rugby School is a co-educational day and boarding school located in the town of Rugby, Warwickshire, England. It is one of the oldest independent schools in Britain.-History:...
and St John's College, Cambridge
St John's College, Cambridge
St John's College is a constituent college of the University of Cambridge. The college's alumni include nine Nobel Prize winners, six Prime Ministers, three archbishops, at least two princes, and three Saints....
. Unusually, he left Cambridge after his fourth term to embark on what would now be regarded as a gap year in Paris and Australia, before returning to complete his law degree. In 1882 he married Ethel Moon; the marriage was an unhappy one. The couple were never compatible and were frequently separated, with a legal separation taking place in 1889. The following year, Ethel became pregnant by a lover and died as a result of a botched abortion. This led to a seamy and very public lawsuit in which the lover, the abortionist and several other parties were indicted for Ethel's murder. Marshall Hall's feeling of guilt over his part in Ethel's fate was to have a profound effect on his career: he was to become famous for the impassioned nature of his defences of women maltreated by men. He subsequently married Henriette "Hetty" Kroeger, with whom he had one daughter, Elna. Overwork probably hastened his death from pneumonia at 68.
Camden Town Murder
In November 1907 Marshall was briefed in a case which contributed significantly towards his being painted with such titles as "The Great Defender". On 12 September 1907, Bertram Shaw returned home during the evening to find his room locked. He borrowed a key from a neighbour, but upon entering was greeted with the horrific sight of his fiancee Emily Dimmock (known as Phyllis) lying naked on the bed, throat cut from ear to ear. It was a savage but skilful attack on her from the nature of the wound. Nothing much had been taken from the flat, and the motive was a mystery; the case quickly became a sensation.After initial difficulty the police investigation led by Inspector Neill centred on a Robert Wood. Wood was in a relationship with Ruby Young, who recognised his handwriting on a postcard found in Dimmock's room. Wood was put on trial for the murder, during which Marshall Hall displayed the kind of effective and dramatic cross examination that he was known for. Marshall was convinced of Wood's innocence, and also of the fallibility of the prosecution case. Great progress was made with the prosecution witnesses, but real consideration was given to the issue of whether Wood should give evidence in his defence by Marshall and his junior Wellesley Orr. The reason for the prevarication over his evidence soon became apparent as Wood was a bad witness.
Marshall dramatically commenced his examination in chief with: "Robert Wood, did you kill Emily Dimmock?" But Wood remained silent. He was said to be a vain young man who could not cast aside his affections, he appeared a "poseur". Marshall repeated the question, "You must answer straight" he said. Foolishly Wood answered "I mean it is ridiculous", leaving Marshall distressed. The rest of Wood's evidence proceeded in this way. He was later cross examined by the might of the senior Treasury Counsel, Sir Charles Mathews, a mismatch if ever there was one. But in the end Wood's silly little boy foolishness perhaps played in his favour; could he really have murdered Emily Dimmock?
Marshall Hall addressed the jury in usual style, as did Sir Charles Mathews, whilst the judge, Mr Justice Grantham, departed from the pro-conviction stance he was expected to take mid-summing up, and made it clear he thought the jury should acquit. That they did, after retiring for only 15 minutes between 7.45 and 8pm.
Marshall's spirited defence had persuaded almost all in court of Wood's innocence, and had caused a huge crowd to gather outside of court. The huge cheer that went up in the courtroom was repeated outside. Marshall had saved Wood from the gallows.
Green Bicycle Murder
One of his most famous cases was R v Light, known as the Green Bicycle Murder, which took place near LeicesterLeicester
Leicester is a city and unitary authority in the East Midlands of England, and the county town of Leicestershire. The city lies on the River Soar and at the edge of the National Forest...
in 1919. He obtained an acquittal, despite what seemed like overwhelming circumstantial evidence
Circumstantial evidence
Circumstantial evidence is evidence in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime...
against the defendant. This evidence included: the fact that the defendant (Ronald Light-died 1975) had been seen cycling with the victim (Bella Wright) on the day of her death, on a green bicycle; had possessed at one time a revolver similar to the one used to fire the shot that killed her; had discarded that green bicycle in the canal after filing off all of the identifying numbers; and had thrown away a holster and ammunition for the type of revolver used in the murder. He also lied to police. A full transcript of the evidence and submissions of counsel do not appear to have survived, but from what remains of the closing speech of Sir Edward, he took advantage of the Crown's lack of a case-theory to take their case to its logical conclusion and then demolish it. He submitted that the prosecution case only held together if the entire murder was premeditated. It was the prosecution evidence, indeed the hearsay evidence of the dead victim, that Ronald Light was not known to Bella Wright. How could he then have planned her murder? Sir Edward used this, and many other points to persuade the jury that they could not be sure that Light was the murderer. The jury returned a unanimous verdict of not guilty after a little over three hours.
Other cases
Marshall Hall was also given the brief to represent Dr Crippen at his trial in 1910. However, Crippen provided instructions that Marshall Hall did not feel comfortable with; Crippen would not adopt the line of defence that Marshall Hall felt represented the truth of the matter. As a result, Marshall Hall returned the brief and other counsel appeared at Crippen's trial at the Old Bailey. Arthur Newton instructed Marshall Hall on this occasion as he often did.In 1901 he unsuccessfully defended Herbert John Bennett in the Yarmouth Beach case . Bennett was charged with strangling his wife, Mary, in order to marry Alice Meadows. At a late stage in the trial Marshall Hall dramatically produced an alibi witness, Sholto Douglas, who testified that on the day of the murder he had met Bennett in Bexley
Bexley
Bexley is an South East London]] in the London Borough of Bexley, London, England. It is located on the banks of the River Cray south of the Roman Road, Watling Street...
, after the last train for Yarmouth
Yarmouth
-In Canada:*Yarmouth County, Nova Scotia**Yarmouth, Nova Scotia **Yarmouth, Nova Scotia *New Yarmouth, Nova Scotia-In the United Kingdom:*Yarmouth, Isle of Wight...
had departed. Douglas was clearly a truthful witness but he had never met Bennett before the date of the murder and the prosecution easily convinced the jury that he had made an honest mistake (which was also Marshall Hall's private opinion ).The defence was weakened by the absence of any other suspect or motive, and by the fact that Bennett was such an obvious liar that he could not be put into the witness box. Curiously enough Marshall Hall, despite the overwhelming evidence, was never sure of Bennett's guilt.
Marshall Hall defended Frederick Seddon
Frederick Seddon
Frederick Henry Seddon was a British poisoner who was hanged in 1912 for murdering Eliza Mary Barrow.-Background:...
unsuccessfully in a notorious poison
Poison
In the context of biology, poisons are substances that can cause disturbances to organisms, usually by chemical reaction or other activity on the molecular scale, when a sufficient quantity is absorbed by an organism....
ing case in 1912. Seddon was hanged in 1912 for murdering Elizabeth Mary Barrow by administering large quantities of arsenic
Arsenic
Arsenic is a chemical element with the symbol As, atomic number 33 and relative atomic mass 74.92. Arsenic occurs in many minerals, usually in conjunction with sulfur and metals, and also as a pure elemental crystal. It was first documented by Albertus Magnus in 1250.Arsenic is a metalloid...
. Marshall Hall's challenge to the medical evidence, though showing an impressive grasp of the subject, was unsuccessful. Seddon, rather against counsel's wishes, insisted on giving evidence, and made a very bad impression. His manner struck observers as cold and unfeeling, and his obvious greed weakened the defence that the money he gained from Miss Barrow's death was not enough to tempt him to murder. Marshall Hall in later years said that Seddon would have been acquitted if he had not insisted on giving evidence.
Marshall Hall also defended George Joseph Smith
George Joseph Smith
George Joseph Smith was an English serial killer and bigamist. In 1915 he was convicted and subsequently hanged for the slayings of three women, the case becoming known as the "Brides in the Bath Murders". As well as being widely reported in the media, the case was a significant case in the...
the "Brides-in-the-Bath" murderer in 1915. Smith was tried for the last of three identical murders of his recent brides, all of whom were drowned while having baths. Despite a spirited defence by Marshall Hall, Smith was convicted and hanged, again largely due to key evidence from Sir Bernard Spilsbury. The case however does seem to contradict the widespread view that he was "not much of a lawyer" -- rather he disliked legal argument but could make a good one if necessary.
Marshall Hall successfully defended solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
Harold Greenwood
Harold Greenwood (solicitor)
Harold Greenwood was an English solicitor who was accused and acquitted of murdering his wife by arsenic poisoning. He was tried at Carmarthen Assizes in 1920 and defended by Edward Marshall Hall; his case is a rare example of a legal professional being charged with murder.-Facts:Harold Greenwood,...
at Carmarthen Assizes in 1920. Greenwood had been accused of poisoning his wife with arsenic
Arsenic
Arsenic is a chemical element with the symbol As, atomic number 33 and relative atomic mass 74.92. Arsenic occurs in many minerals, usually in conjunction with sulfur and metals, and also as a pure elemental crystal. It was first documented by Albertus Magnus in 1250.Arsenic is a metalloid...
. Marshall Hall's skillful cross-examination of the medical witnesses raised, at least, the possibility that Mrs. Greenwood had died from an accidental overdose of morphine. His closing speech for the defence was described by Gerald Sparrow as "the finest ever heard at the English bar", the more impressive since Marshall Hall was seriously ill at the time.
Equally successful was the defence Marshall Hall gave to Madame (or Princess) Marguerite Fahmy in 1924 for the shooting death of her husband, Egyptian Prince Fahmy Bey at London's Savoy Hotel
Savoy Hotel
The Savoy Hotel is a hotel located on the Strand, in the City of Westminster in central London. Built by impresario Richard D'Oyly Carte with profits from his Gilbert and Sullivan operas, the hotel opened on 6 August 1889. It was the first in the Savoy group of hotels and restaurants owned by...
. The death of the Prince is frequently on lists of victims of the so-called Curse of the Pharaohs
Curse of the Pharaohs
The curse of the pharaohs refers to the belief that any person who disturbs the mummy of an Ancient Egyptian pharaoh is placed under a curse.There are occasional instances of curses appearing inside or on the facade of a tomb as in the case of the mastaba of Khentika Ikhekhi of the 6th dynasty at...
. Marshall Hall brought out Prince Fahmy's race and sexual habits, painting the victim as an evil minded foreigner who threatened a "white woman" for sexual reasons, whereupon she defended herself. The jury accepted it. The Egyptian ambassador wrote several angry letters to the newspapers criticizing Marshall Hall's blackening of the victim and Egyptians in general. In any case Madame Fahmy was acquitted.
In 1894 he defended the Austrian-born prostitute Marie Hermann, charged with the murder of a client; Marshall Hall persuaded the jury that it was a case of manslaughter. Although he made full use of his forensic skills, the case is best remembered for his emotional plea to the jury: "Look at her, gentlemen... God never gave her a chance - won't you?"
In July 1924, Marshall Hall made a rare appearance for the prosecution, with the Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
Sir Patrick Hastings
Patrick Hastings
Sir Patrick Gardiner Hastings KC was a British barrister and politician noted for his long and highly successful career as a barrister and his short stint as Attorney General. He was educated at Charterhouse School until 1896, when his family moved to continental Europe...
leading at Guildford
Guildford
Guildford is the county town of Surrey. England, as well as the seat for the borough of Guildford and the administrative headquarters of the South East England region...
Assizes
Assizes
Assize or Assizes may refer to:Assize or Assizes may refer to:Assize or Assizes may refer to::;in common law countries :::*assizes , an obsolete judicial inquest...
before Mr Justice Avory
Horace Avory
Sir Horace Edmund Avory was an English criminal lawyer, jurist and Privy Counsellor.-Biography:He was the son of Henry Avory, clerk of the Central Criminal Court. He was educated at King's College London, and Corpus Christi College, Cambridge, where he was captain of boats and took the degree of...
against Jean-Pierre Vaquier
Jean-Pierre Vaquier
Jean-Pierre Vaquier was a French inventor and murderer.He was tried for the murder of Alfred George Poynter Jones, landlord of the Blue Anchor pub in Byfleet, the husband of his mistress Mabel Jones, by poisoning him with strychnine.Vaquier had met Mabel Jones early in 1924 in Biarritz where she...
for poisoning his lover's husband. Vaquier was found guilty and hanged by Robert Baxter
Robert Baxter (executioner)
Robert Orridge Baxter was an English executioner from Hertfordshire. His career lasted from 1915 to 1935, during which he carried out 44 hangings and assisted at 53 others.-Career:...
.
Career
As well as being elevated to King's Counsel, Marshall Hall entered ParliamentParliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
as a Unionist
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Southport
Southport (UK Parliament constituency)
Southport is a borough constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election.-Boundaries:...
(1900–1906). To the great disappointment of the public, he rarely spoke in the House of Commons, and such speeches as he did make did not compare with his courtroom oratory.
Media
Marshall Hall's career was dramatised in an 8-episode 1989 BBC TwoBBC Two
BBC Two is the second television channel operated by the British Broadcasting Corporation in the United Kingdom. It covers a wide range of subject matter, but tending towards more 'highbrow' programmes than the more mainstream and popular BBC One. Like the BBC's other domestic TV and radio...
television serial by Richard Cooper, Shadow of the Noose, starring Jonathan Hyde
Jonathan Hyde
Jonathan Hyde is an Australian-born English actor, well known for his roles as J. Bruce Ismay, the managing director of the White Star Line in Titanic, Egyptologist Allen Chamberlain in The Mummy and Sam Parrish/Van Pelt, the hunter in Jumanji. He is married to the Scottish soprano Isobel Buchanan...
in the lead role and Terry Taplin as Arthur Newton, the leading solicitor who often secured Marshall Hall's services. John Mortimer
John Mortimer
Sir John Clifford Mortimer, CBE, QC was a British barrister, dramatist, screenwriter and author.-Early life:...
, creator of Rumpole of the Bailey
Rumpole of the Bailey
Rumpole of the Bailey is a British television series created and written by the British writer and barrister John Mortimer which starred Leo McKern as Horace Rumpole, an ageing London barrister who defends any and all clients...
, presented many of Marshall Hall's cases in a 1996 radio series, starring ex-Doctor Who
Doctor Who
Doctor Who is a British science fiction television programme produced by the BBC. The programme depicts the adventures of a time-travelling humanoid alien known as the Doctor who explores the universe in a sentient time machine called the TARDIS that flies through time and space, whose exterior...
star Tom Baker
Tom Baker
Thomas Stewart "Tom" Baker is a British actor. He is best known for playing the fourth incarnation of the Doctor in the science fiction television series Doctor Who, a role he played from 1974 to 1981.-Early life:...
.
Legacy
Edward Marshall Hall was born and lived at 30 Old Steine, Brighton where there is a commemorative stone plaque on the wall. The building today houses one of Brighton's oldest established firms of solicitors, Burt Brill and Cardens, and remains largely unchanged externally and internally.Brighton & Hove have named a bus after him.
The County Borough of Southport named Hall Street after him in his honour.
