Investigations 101
Lessons for Police Officers from Sir Arthur Conan Doyle
The Guidance from The Return of Sherlock Holmes
Gilles Renaud Ontario Court of Justice (Retired)
Introduction
This is the latest article meant to provide guidance to investigators based on the writings of Sir Arthur on the work of Sherlock Holmes.[1] As in the prior contributions, my objective is to set out valuable lessons from this collection of short stories grouped within thematic discussions, and to provide further insights from the two short stories already featured from this collection. I suggest that modern-day investigators can gain valuable insights from this great investigator and, as well, enjoy several good yarns.
All of police investigations may be reduced to the simple question, posed by Sherlock Holmes in “The Reigate Squires”: “No clue?” It is the search for clues, for information, for evidence, etc., that dominates both fiction about detective work and the work of detectives. In addition, it seems obvious that in their fact-finding mission, investigators must rank information by value or importance. As noted by Holmes in the same story later, “It is of the highest importance in the art of detection to be able to recognise, out of several facts, which are incidental and which vital. Otherwise, your energy and attention must be dissipated instead of being concentrated…” Having introduced the subject matter of this document, I now turn to the various themes to be discussed.
Discussion
Best practices for detectives
- Charter warning to detainees
You might find it interesting to read what was said to “prisoners” before the 1900’s in England: “Well, Mr. Holmes, it is difficult for me to refuse you anything … At the same time I must remain with my prisoner, and I am bound to warn him that anything he may say will appear in evidence against him.” See “The Norwood Builder”.
- Deliberate over decisions – do not be quick on the draw
The short story, “The Second Stain”, includes this valuable example of being quick to decide: “’No, sir,’ said the Prime Minister, with the quick, decisive manner for which he was famous…” By way of contrast, “The Abbey Grange” is of interest in illustrating the contrary view. As we read, “… Surely there are details in her story which, if we looked at in cold blood, would excite our suspicion…” For me, slow and sure is the way to go, if time permits.
- “Dogmatic” perspective versus a fair analysis case by case
Investigators must be careful not to be overly dogmatic in the sense that they tend to lay down principles as being always true, no matter what. One may believe that young people are frivolous in their pursuits, if such is the belief held, but one cannot enter an investigation with the bedrock belief that only an adolescent could commit X crime or Y action. In the same way, one cannot reason as does the next speaker: “’Susan is a country girl,’ said he, ‘and you know the incredible stupidity of that class. I fancy that the poor fellow murmured some incoherent delirious words, and that she twisted them into this meaningless message.’” Refer to “The Golden Pince-Nez”:
Facts are discovered through careful inquiry and not by applying the 10 commandments of parenting, for example. In this context, note this further passage from “The Golden Pince-Nez”: “This sort of nose is usually a short and coarse one, but there is a sufficient number of exceptions to prevent me from being dogmatic or from insisting upon this point in my description …” A further dogmatic proposition discussed in the same story follows: “… I am convinced that the lady had no intention of inflicting so grievous an injury. An assassin does not come unarmed…” Of course, an astute police officer might well remark that an assassin well knows that weapons abound in any location and that it is dangerous to travel whilst in possession of a weapon.
- Evidence-based findings
In the introduction, comment was made as to the importance of clues, of evidence to assist the investigator in solving a crime or in ascertaining that what was thought to have been an offence was, in fact, a true accident or an illness-based injury or fatality. The short story “Black Peter” contains this classic comment by Holmes when it is suggested that the crime was committed by a supernatural being as there was no other explanation for the event. Holmes stated:
“My good Hopkins, I have investigated many crimes, but I have never yet seen one which was committed by a flying creature. As long as the criminal remains upon two legs so long must there be some indentation, some abrasion, some trifling displacement which can be detected by the scientific searcher. It is incredible that this blood-bespattered room contained no trace which could have aided us. I understand, however, from the inquest that there were some objects which you failed to overlook?”
In sum, all conclusions rest upon evidence-based findings. A few lines later, we read, “This seemed to establish that the crime had been done in a moment of fury, and that the murderer had seized the first weapon which came in his way. The fact that the crime was committed at two in the morning, and yet Peter Carey was fully dressed, suggested that he had an appointment…” Of course, the careful investigator will be mindful that impressions are deceptive and that certain quirks of personality may explain away obvious beliefs. Thus, the fact one is dressed at two in the morning may suggest a meeting or perhaps, that he returned from an outing quite late and was surprised by the attacker; as for the fury leading to a choice of a weapon based on proximity, one might have planned to assault the victim in a certain room knowing the presence of a weapon. The distance between sound judgment and speculation thus depends on further information, such as how much perspiration the victim had in his clothes suggesting how long he had been dressed, or if others could place him earlier in those clothes, etc.
- Explain point by point
Each person in every walk in life is entitled to present their conclusions on their work as they see fit, assuming they have some liberties in this regard. For my part, I think it best to break down subjects in a thematic manner with titles put in bold so that interested readers may be capable of refreshing their memory merely by scanning the titles and sub-titles. In this vein, note how the author of The Return of Sherlock Holmes lent this style of presenting reports to his detective in the short story “The Golden Pince-Nez”:
The wind howled and screamed at the windows. Holmes and I drew closer to the fire, while the young inspector slowly and point by point developed his singular narrative. [Emphasis added]
Think as well of this passage from “The Missing Three-Quarter”: “My friend had listened with amused surprise to this long speech, which was poured forth with extraordinary vigour and earnestness, every point being driven home by the slapping of a brawny hand upon the speaker’s knee. …”
- Fencing with defence counsel is to be avoided
A police witness takes an oath or affirmation to tell the truth, the whole truth and nothing but the truth. In doing so, they are not to fence with counsel as if they had a personal stake in the outcome as they are serving justice. Many cases involve lawyers who have had the time and the means to prepare a case for the defence with searching and probing questions designed to sow doubt. You must not seek to nullify the value of a question to bring about a result that, in your mind, will shelter the case, but simply respond in accordance with your oath. Thus, if a question is asked along the lines below, it must be responded to as noted by Sir Arthur, if that is the truth:
“You don’t think that it might have been two shots fired almost at the same instant?”
“I am sure I couldn’t say, sir.”
In few words, do not seek to prove guilt by papering over weak points, if any, by means of cunning replies if they are not the absolute truth.
To allow the reader to understand fully why the question of two shots at the same time was important, the following passage needs to be read:
“Well, I have been here a month now. I lived in that farm, where I had a room down below, and could get in and out every night, and no one the wiser. I tried all I could to coax Elsie away. I knew that she read the messages, for once she wrote an answer under one of them. Then my temper got the better of me, and I began to threaten her. She sent me a letter then, imploring me to go away, and saying that it would break her heart if any scandal should come upon her husband. She said that she would come down when her husband was asleep at three in the morning, and speak with me through the end window, if I would go away afterwards and leave her in peace. She came down and brought money with her, trying to bribe me to go. This made me mad, and I caught her arm and tried to pull her through the window. At that moment in rushed the husband with his revolver in his hand. Elsie had sunk down upon the floor, and we were face to face. I was heeled also, and I held up my gun to scare him off and let me get away. He fired and missed me. I pulled off almost at the same instant, and down he dropped. I made away across the garden, and as I went I heard the window shut behind me. That’s God’s truth, gentlemen, every word of it, and I heard no more about it until that lad came riding up with a note which made me walk in here, like a jay, and give myself into your hands. [Emphasis added]
- Inspiration 5% and perspiration 95%
In sum, success as a detective as in any other professional activity is primarily based on hard work. As Conan Doyle wrote in the first short story of this collection, “The Empty House”: “All day I turned these facts over in my mind, endeavouring to hit upon some theory which could reconcile them all, and to find that line of least resistance which my poor friend had declared to be the starting-point of every investigation. …”
- Method in questioning witnesses
On occasion, police officers receive statements that follow the method proposed in “The Dancing Men”: “Yes, I saw him at his work. But I will tell you everything in order…” That said, on occasion, you might be committing an error to ask a person who is frightened to recite the awful event from the start. I recall a case in which a witness called the police to state that her daughter had just disclosed that her father bathed her, his daughter, in a sexualized fashion. Before the witness could state anything else, the officer interrupted and stated that the interview must begin with identification and background information. It took a good five minutes before the woman was asked what the child said and by then, she was upset and confused and had difficulty recalling the exact words, a fact that the defence exploited in cross-examination at trial.
- Note taking
“Inspector Martin had the good sense to allow my friend to do things in his own fashion and contented himself with carefully noting the results.” This example, drawn from “The Dancing Men”, sets out the care that all officers must demonstrate in consigning information.
- Patience with those apparently less talented or experienced
Successful investigators, as in the case of all successful persons, well recall how they exasperated at times the patience of those who trained them in the early years of their career. Thus, they are tolerant of others following in their example and thus, they do not echo the sentiments that are disclosed in the passage that follows: “Three years had certainly not smoothed the asperities of his temper or his impatience with a less active intelligence than his own.” See “The Empty House”.
- Practical way of thinking
I do not know what to make of the comment that follows but I offer it as an illustration of a different way of thinking: “Ah! I am only a student—a man of dreams. I cannot explain the practical things of life. Refer to “The Golden Pince-Nez”. Such statements beg for clarifying questions, it goes without saying.
- Precision and concentration of thought
“My friend, who loved above all things precision and concentration of thought, resented anything which distracted his attention from the matter in hand…” This type of attitude, as quoted in “The Solitary Cyclist”, is impossible to sustain in our modern world in which work-life balance must be achieved if a professional investigator is to be able to achieve true concentration and precision in thought and action. It may be attained during short periods of time, of course, and no doubt must be during the initial periods of a signal investigation, but true success requires rest and relaxation. The author of these comments has not been a police officer and may have stated something totally whimsical …
- Putting witnesses at ease
This very important talent is emphasized in “The Missing Three-Quarter”: “Sherlock Holmes was a past-master in the art of putting a humble witness at his ease …” All police officers must develop this aptitude.
- Repetition by witness (needlessly) of the events
I suggest that the scenario about to be quoted is typical of poor procedure in having a witness repeat an account as opposed to asking focused questions to supply missing information or to clarify anything still obscure. All that will happen from pointless repetition are errors due to fatigue, at the very least. Thus, the short story “The Abbey Grange” sets out that the witness baulked at being invited to repeat the complaint: “’I have told you all that happened, [Detective] Hopkins,’ she said, wearily. ‘Could you not repeat it for me? …’” In fact, she later stated: “That is really all that I can tell you, gentlemen, and I trust that it will not be necessary for me to go over so painful a story again.” Of course, when the deceased is your spouse, for example, and you had both opportunity and motive, perhaps it is wise for the police to seek verification by repetition…
- Reviewing information with others to further analysis
This is a rather fundamental and time-honoured fashion of achieving success in investigations, and in most other endeavours. For example, the opposite is described in “The Abbey Grange”:
During our return journey, I could see by Holmes’s face that he was much puzzled by something which he had observed. Every now and then, by an effort, he would throw off the impression, and talk as if the matter were clear, but then his doubts would settle down upon him again, and his knitted brows and abstracted eyes would show that his thoughts had gone back once more to the great dining-room of the Abbey Grange, in which this midnight tragedy had been enacted...
Only Sherlock Holmes’ intelligence and wonderful talent would justify, if it does, he not sharing his thoughts with his sidekick. All lesser mortals are advised to work in collaborative style
Demeanour
- Introduction
As discussed in my prior articles, demeanour evidence is a form of non-verbal testimony or communication that some believe is worthy of great weight as it may show the true thoughts of a witness, and a means of contradicting what they are stating. As set out by Sir Arthur in “The Empty House”: “In some manner he had learned of my own sad bereavement, and his sympathy was shown in his manner rather than in his words…” My main criticism of this form of evidence results from the far too broad credit that many assign to this type of evidence. On occasion, it is “all things to all people” and can be interpreted to support any theory. For example, in “The Empty House”, we read:
It was a tremendously virile and yet sinister face which was turned towards us. With the brow of a philosopher above and the jaw of a sensualist below, the man must have started with great capacities for good or for evil. But one could not look upon his cruel blue eyes, with their drooping, cynical lids, or upon the fierce, aggressive nose and the threatening, deep-lined brow, without reading Nature’s plainest danger-signals.
- Acting or feigning may deceive the police
The quote that follows illustrates the concerns that the police must entertain: “The man mastered himself with a violent effort, and his grim mouth loosened into a false laugh…” In essence, fearful that their appearance may be seen as proof of guilt, individuals may seek to master their expression to convey a false appearance, as exemplified in the prior quote from “The Priory School”. That is not to say all succeed in deceiving the authorities, a fact demonstrated by Sir Arthur in “The Three Students”: “For a moment Gilchrist, with upraised hand, tried to control his writhing features.”
- Appearances are deceiving
Holmes teaches us this lesson in “The Norwood Builder”: “Dear me! Dear me!” he said at last. “Well, now, who would have thought it? And how deceptive appearances may be, to be sure! Such a nice young man to look at! It is a lesson to us not to trust our own judgment, is it not, Lestrade?”
- Are the eyes a form of lie detector?
Many fiction writers suggest that to examine the eyes of a person is the functional equivalent of conducting a polygraph. As we read in “The Empty House”: “… I perceived the somewhat sinister figure of the late Professor Moriarty standing upon the narrow pathway which led to safety. I read an inexorable purpose in his grey eyes. …” [Emphasis added] Consider also “Black Peter”: “… Then at last he broke out at me, spitting and cursing, with murder in his eyes and a great clasp-knife in his hand. …”
Note as well the following: “I never should, Mr. Holmes. But my wife does. It is frightening her to death. She says nothing, but I can see terror in her eyes…” See “The Dancing Men”. Refer as well to “The Priory School”: “Who are you, and how do you get my name so pat?”, the countryman answered, with a suspicious flash of a pair of cunning eyes.”
- “Earnestness in appearance”
Having underlined earlier the importance of not overlooking the ability of suspects and witnesses to feign sincerity, it will be of assistance to note the suggested importance of “earnestness”, of “solemnity” in appearance, in fact finding. As we read in “The Three Students”, the victim said of his employee: “… For an instant I imagined that Bannister had taken the unpardonable liberty of examining my papers. He denied it, however, with the utmost earnestness, and I am convinced that he was speaking the truth.” Are you prepared to reach the same positive conclusion based on such a subjective basis?
- Face
“… Then Holmes hurried with a cushion … and I with brandy for his lips. The heavy, white face was seamed with lines of trouble…” [Emphasis added] With respect, I cannot make sense of this expression found in “The Priory School” and I do not believe that I ever saw such a thing in forty years in Ontario courtrooms. I certainly do not know what a police officer who believes they have seen such a thing might make of this observation. In any event, people make all kinds of judgments based on looks and one fears that a witness has unconsciously provided a too negative account (or the opposite) based on their subjective perceptions of looks. Consider this illustration from “The Six Napoleons”: “… Serve me right for engaging a man with such a face. …”
- Fingers in general
“… He was still suffering from this sudden disturbance of the quiet routine of his life. His plump face was twitching with his nervousness, and his fingers could not keep still…” See “The Three Students”. The question is whether this betrays simply nerves at speaking to the police, without any hint of wrongdoing or knowledge of such in terms of others, or a medical condition, or a false impression. If you know nothing about the incident and have no knowledge as to the person involved, you might be nervous in this fashion, etc.
- Fingers to the lips – A universal non-verbal message
Note the example found in the last line of “Charles Augustus Milverton”: “My eyes met those of Holmes, and he put his finger to his lips as we turned away from the window.” This form of non-verbal communication seems to be universal, but I do not know if is truly so; it might be no more than a North American sign or a feature of Western Culture. Investigators must be mindful of not jumping to the conclusion that what we resort to in every-day communication is, in fact, of widespread use and understanding.
- Hands
Consider this useful example: “… I caught a glimpse of Dr. Armstrong within, his shoulders bowed, his head sunk on his hands, the very image of distress….” See “The Missing Three-Quarters”. It provides valuable insights into how people behave and how it might assist the police in their inquiries. Note as well, “The Prime Minister’s manner was subdued, but I could see by the gleam of his eyes and the twitchings of his bony hands that he shared the excitement of his young colleague.”
- Head
I confess that I am not sure if I could ever conclude that someone possesses “… a large, intellectual head …”, whatever that means, as described by Sir Arthur in “Charles Augustus Milverton.
- Hesitations in speaking
This is an objective element in a person’s behaviour and is often useful in analysing an interview in that the detective may note how easily the witness-complaint spoke when describing the actions of the potential accused and how difficult were the responses when questions focused on the witness-complainant’s actions, such as whether drugs or alcohol were consumed, etc. In this vein, note this quote from “The Priory School”: “The great minister showed perceptible hesitation.”
- Hiding elements of demeanour
“He found Holmes leaning languidly against the mantelpiece, resigned and patient, endeavouring to conceal his irrepressible yawns.” See “The Second Stain”.
- Intensity
Note this interesting passage found in “The Missing Three-Quarter: “… Yet, in spite of his shabby and even absurd appearance, his voice had a sharp crackle, and his manner a quick intensity which commanded attention …” One can never know what element of demeanour will command attention but one must be vigilant to all such factors to avoid surprises.
- Look in her eyes
The example that follows is eloquent: “… But there is a tone in my wife’s voice, Mr. Holmes, and a look in her eyes which forbid doubt …” One can hardly conclude as easily as does this witness when deciding in a criminal trial on the merits of the Crown’s case.
- Medical explanation for suggested demeanour evidence
A wise investigator must always consider that certain suggested badges of demeanour evidence are, in fact, the product of illness and thus of no value to the prosecution. For example, in the short story “The Solitary Cyclist”, Conan Doyle wrote: “…That coal-black beard was in singular contrast to the pallor of his face, and his eyes were as bright as if he had a fever…” If it is relevant, must ensure that the witness did not, in fact, suffer from a fever.
- Mirror images in terms of demeanour
Investigators will be trying to analyze the demeanour of witnesses and suspects, as is being discussed, but they must be mindful of the fact that those they interview will be examining the features of the investigators in the same fashion, to gain an insight as to what the police are thinking. Thus, you must maintain a “poker face”. In this context, note what Conan Doyle wrote in “The Golden Pince-Nez”: “Holmes smiled at the astonishment of Hopkins, which must have been reflected upon my features.“ Think also of the scene described by Holmes in “The Second Stain”: “’And you must have observed, Watson, how she maneuvered to have the light at her back. She did not wish us to read her expression.’’’ The difficulty is that this view was based on a biased judgment that her caste does not show emotion.
- Mixed non-verbal messages
Consider this example: “’It is I,’ she said, ‘the woman whose life you have ruined.’ Milverton laughed, but fear vibrated in his voice…” [Emphasis added] See “Charles Augustus Milverton”.
- Movements as opposed to facial expressions
There is a certain school of thought within the ranks of judges to the effect that movements of the hands, of the head, of the shoulders, etc., are more valuable as an objective fact demonstrating some inner emotion. For example, in “The Norwood Builder”, the author wrote: “... I have been followed from London Bridge Station, and I am sure that they are only waiting for the warrant to arrest me. It will break my mother’s heart—it will break her heart!” He wrung his hands in an agony of apprehension and swayed backward and forward in his chair…” Later, Sir Arthur wrote: “’So, my dear Watson, there’s my report of a failure. And yet—and yet—' he clenched his thin hands in a paroxysm of conviction — ‘I know it’s all wrong. I feel it in my bones. There is something that has not come out, and that housekeeper knows it. There was a sort of sulky defiance in her eyes, which only goes with guilty knowledge …’” Further, “Black Peter” illustrates a movement that is common today in light of “flipping the bird” gestures: “Holmes shook his finger at the inspector.” Finally, note is made of a passage from “The Priory School”: “My friend rubbed his thin hands together with an appearance of avidity …” [Emphasis added in all three cases]
These underlined words are certainly descriptive of something more valuable than references such as “he blushed” or “his eyes seemed malevolent”. Indeed, movements that are vague ought not to be considered greatly, such as “he turned with a gesture of despair”.
Moving forward, the writers of fiction certainly encouraged their detectives to pay attention to the bodily movements of suspects and witnesses. Consider the type of phrase that follows, which appears often in the works of Sir Arthur Conan Doyle: “I gave a start of astonishment…” See “The Dancing Men”. A few pages later, we read: “… and then yesterday morning I found this paper lying on the sundial in the garden. I showed it to Elsie, and down she dropped in a dead faint. Since then, she has looked like a woman in a dream, half dazed, and with terror always lurking in her …”
And what of hand movements? May they communicate reliable information? This illustration is useful: “… would sit for long spells with a furrowed brow and a vacant eye. Finally, he sprang from his chair with a cry of satisfaction and walked up and down the room rubbing his hands together…” Refer to “The Dancing Men”.
Finally, one often reads of the shrugging of shoulders, as in “The Dancing Men”: “Slaney shrugged his shoulders.” What one makes of that is quite a difficult question to answer and you might get a favourable response from a Court if you have the actions recorded with quality equipment showing the entire course of conduct, and even then, you might not be able to furnish the Crown with much to argue with.
- Noise as a form of demeanour
Although I never heard it myself, my judicial colleagues speak of hearing witnesses swallow their Adam’s apple when a quite difficult question is poised, or burp or flatulence… These were taken as demeanour, that is to say non-verbal testimony that might suggest truth or deception about what is said. For my money, this is relevant but only marginally so: “… I have never seen any human being who appeared to be in such a pitiable fright, for his teeth were visibly chattering, and he was shaking in every limb. He was dressed like a gentleman …” Courts are nerve-wracking places for most people and thus, persons express their fear or anxiety differently but not based on any attempt at deception.
- Observations that are of doubtful assistance
In reading this collection of short stories, I have noted dozens of examples of so-called demeanour evidence that I cannot understand and cannot accept as being useful to police work. One relevant one that might be quite useful is found in “The Priory School” in which we read, “I could see that the unfortunate doctor was in the last stage of indecision…”
- Pacing and other such objective non-verbal conduct
Having referenced movements of the feet and of the body, it will be of assistance to quote from “The Six Napoleons” to illustrate a rather common example of useful demeanour evidence, that of pacing to demonstrate nervousness. Thus, “The official received us with a very grave face and showed us into a sitting-room, where an exceedingly unkempt and agitated elderly man, clad in a flannel dressing-gown, was pacing up and down. He was introduced to us as the owner of the house …” Note as well that the Scotland Yard detective himself was acting in that fashion, a clear giveaway to his nervousness, as seen later in “The Six Napoleons”: “… we hurried [not to] be late for our appointment with Lestrade. Sure enough, when we reached Baker Street the detective was already there, and we found him pacing up and down in a fever of impatience…” Later on, we read in the next short story, “The Three Students”, of a fellow who was pacing when confronted by the police. A third party explained how innocent all of this was after the explanation of an exam the next day. Thus, his poor reaction to police presence was by reason of loss of study time: “So would you, if a flock of strangers came in on you when you were preparing for an examination next day, and every moment was of value.”
The only danger is of double findings in the sense of noting pacing and concluding that the person was nervous, or the opposite, based on a wronf initial inflated finding.
- “Piling on” in terms of demeanour
Writers such as the author of Sherlock Holmes were fond of “piling on”, to resort to a football expression, terms that are part of demeanour evidence and descriptions that are simply born of fictional needs. For example, in “Charles Augustus Milverton”, one reads: “With a smiling face and a heart of marble, he will squeeze …” Such links are not properly within the scope of the work of detectives.
- Police presence might bring about a negative outward demeanour
Detectives must always be careful not to assign negative value to outward demeanour that appears to betray a so-called guilty mind, let us say anxiety, that might be wholly the result of nervousness due to the presence of police. Many persons from other countries have experienced quite negative interactions with the authorities… Analysis of the situation is vital, and you might discover that the person has spoken dozens of times to police without outward concerns and so, what took place by way of anxious result is anomalous! The short story “The Three Students” is instructive: “… He looked at us in a queer way.” “So would you, if a flock of strangers came in on you when you were preparing for an examination next day, and every moment was of value.” In that case, we read of a credible explanation for the outward demeanour.
- Smiles
The short story involving Mr. Milverton, just mentioned above, also includes this interesting phrase: “There was something of Mr. Pickwick’s benevolence in his appearance, marred only by the insincerity of the fixed smile and by the hard glitter of those restless and penetrating eyes. His voice was as smooth and suave as his countenance …” It is difficult to know on what objective basis a detective might judge a smile as being insecure. If it based on the belief that the person whose smile was caught on camera was then committing a fraud, it is a poor conclusion. Look at the issue in this fashion: assume you are looking at a foreign language film on a flight overseas. You do not understand a word and I ask if you are confident the smile of the apparently 40 year old offering a ride in a sports car to a teenager, who is largely without clothes leaving a beach, is based on a sincere wish to show off the beauty of a nearby church? In other words, why is the smile insincere unless based on other information?
- Subjectivity in evaluating demeanour evidence
The quote that follows illustrates well the general belief that demeanour is far too subjective to be valuable in fact finding. “All that day and the next and the next Holmes was in a mood which his friends would call taciturn, and others morose…” If strangers cannot judge the demeanour, how may the judges?
- The kitchen sink of observations – how can so much be made of so little
Consider how the passage that follows demonstrates how much may be made of so little. As we read in “The Norwood Builder”:
At one end of the corridor we were all marshalled by Sherlock Holmes, the constables grinning and Lestrade staring at my friend with amazement, expectation, and derision chasing each other across his features. Holmes stood before us with the air of a conjurer who is performing a trick. [Emphasis added]
Consider as well what follows, from the same short story: “The detective stared at the newcomer with blank amazement. The latter was blinking in the bright light of the corridor and peering at us and at the smouldering fire. It was an odious face—crafty, vicious, malignant, with shifty, light-grey eyes and white lashes.” [Emphasis added]
- Veil worn by witness and effect on demeanour findings
Sir Arthur’s short story “Charles Augustus Milverton” does not appear to present any obstacles to Holmes’ fact finding, including demeanour findings, though the potential witness was veiled. As we read, “… In front of him, in the full glare of the electric light, there stood a tall, slim, dark woman, a veil over her face, a mantle drawn round her chin. Her breath came quick and fast, and every inch of the lithe figure was quivering with strong emotion.” Later, it is noted that she responded by shaking her head.
Conclusion on demeanour
Whatever concerns I have regarding the value of demeanour evidence, and I have written a book suggesting it is assigned far too much importance[2], I nevertheless endorse wholeheartedly the passage that follows as being worthy of credit: “The youthful figure and alert, eager face of Inspector Stanley Hopkins confronted us in the open doorway.” Refer to “The Abbey Grange”.
Human nature
- Capricious views on things
One of the most difficult elements of police work involves making sense of the words and actions of capricious individuals, especially the so-called contrarian ones. As illustrated in “Black Peter”, “So unworldly was he—or so capricious …” In effect, your challenge is to think as they do in coming to make sense of their unique views of the words around them.
- Emotions, keep them in check
Police investigators are recruited from humanity, and we are all subject to the pull of emotions. What police officers must do is to keep any negative emotions at bay. Thus, as we read in “The Second Stain”: “The Premier sprang to his feet with that quick, fierce gleam of his deep-set eyes before which a Cabinet has cowered. ‘I am not accustomed, sir,’ he began, but mastered his anger and resumed his seat. For a minute or more we all sat in silence. Then the old statesman shrugged his shoulders…”
- Fixed ideas about “une idée fixe”
In the short story titled “The Six Napoleons”, Holmes and Dr. Watson discussed the issue of a person who is obsessed with a fixed idea. As we read:
“What do you think, Dr. Watson?”
“There are no limits to the possibilities of monomania,” I answered. “There is the condition which the modern French psychologists have called the idée fixe, which may be trifling in character, and accompanied by complete sanity in every other way. A man who had read deeply about Napoleon, or who had possibly received some hereditary family injury through the great war, might conceivably form such an idée fixe and under its influence be capable of any fantastic outrage.”
For present purposes, the reference to this issue is merely to remind the reader that some persons cannot be fair and neutral about one precise point, and it might have to do with a person’s colour, religion, ethnicity, language, love of Blue Jays, etc., while being objective and reliable on every other subject.
- Honesty beyond suspicion: an unwise trust?
The short story, “The Three Students”, includes this passage: “… my servant, Bannister—a man who has looked after my room for ten years, and whose honesty is absolutely above suspicion…” In this context, consider the short story “The ‘Gloria Scott’”, found in the collection of Sherlock Holmes inquiries The Memoirs of Sherlock Holmes, that includes this excerpt:
My dear, dear son,—Now that approaching disgrace begins to darken the closing years of my life, I can write with all truth and honesty that it is not the terror of the law, it is not the loss of my position in the county, nor is it my fall in the eyes of all who have known me, which cuts me to the heart; but it is the thought that you should come to blush for me—you who love me and who have seldom, I hope, had reason to do other than respect me. …
Other writers of fiction, however, think that some persons might steal in certain situations or lie to the police, for that matter. In fact, the classic novel by Victor Hugo, Les Misérables, includes an exchange at Book VII, Chapter 1, between Sister Simplice and Police Inspector Javert. The nursing sister had never even told a white lie in her life, but she did noy hesitate to tell an untruth to the police officer to ensure that the Mayor, Jean Valjean in disguise, would not be arrested, as he was an honest and Godly man. Thus, police ought not to too quickly conclude that Mr. Bannister is above suspicion.
- “How criminal behave”
The short story “The Abbey Grange” is of interest for including instruction on the manner and thoughts of robbers. Sir Arthur viewed their philosophy of theft as follows, which you are free to accept or to reject based on your experience and objective evidence:
Surely there are details in her story which, if we looked at in cold blood, would excite our suspicion. These burglars made a considerable haul at Sydenham a fortnight ago. Some account of them and of their appearance was in the papers, and would naturally occur to anyone who wished to invent a story in which imaginary robbers should play a part. As a matter of fact, burglars who have done a good stroke of business are, as a rule, only too glad to enjoy the proceeds in peace and quiet without embarking on another perilous undertaking. Again, it is unusual for burglars to operate at so early an hour, it is unusual for burglars to strike a lady to prevent her screaming, since one would imagine that was the sure way to make her scream, it is unusual for them to commit murder when their numbers are sufficient to overpower one man, it is unusual for them to be content with a limited plunder when there was much more within their reach, and finally, I should say, that it was very unusual for such men to leave a bottle half empty. …
- Reluctance to air out one’s dirty laundry
The short story “The Abbey Grange” includes this interesting example of one not reluctant to admit to marital difficulties since the police will find out easily enough. Thus, “I am the wife of Sir Eustace Brackenstall. I have been married about a year. I suppose that it is no use my attempting to conceal that our marriage has not been a happy one. I fear that all our neighbours would tell you that, even if I were to attempt to deny it. …” Of note, we read a few pages later of the quality of the grapevine in laying bare scandal:” “… There was a scandal about his drenching a dog with petroleum and setting it on fire—her ladyship’s dog, to make the matter worse—and that was only hushed up with difficulty…”
- Virtuous habits and police fact finding
As must all decision makers, the police will rely upon common sense and common experiences of how the world works and people conduct themselves to orient their initial thoughts and inquiries. For example, in “The Golden Pince-Nez”, we read “Run down, my dear fellow, and open the door, for all virtuous folk have been long in bed.” In other words, Holmes knows that most conventional 9-to-5 people who are employed are in bed at that time of night, and acts accordingly, but police can only start on that basis and move forward as circumstances dictate.
Interviewing witnesses and suspects
- Clear answers to your questions – is that suspicious?
The short story, “The Six Napoleons”, includes this comment: “… The manager, a big blond German, received us civilly and gave a clear answer to all Holmes’s questions…” What more could a witness provide and an investigator desire? And yet, I have heard police officers express great suspicion when this occurs. I leave it to you to decide whether this is rare or suspicious…
- For the record –
If you are interviewing a client and it is recorded fully, both audio and video, you must still insist that any nods, headshakes, etc., be confirmed by means of a clearly recorded oral statement. You cannot rely on what the author penned in “The Second Stain”: “The Prime Minister nodded his acquiescence.” On the issue of your duty to record any admissions, I wish to emphasize that in this day and age, there is no excuse not to fully record everything that a person states. To that effect, do not allow a witness to nod or make a head or hand movement to describe an answer, even the ubiquitous “thumbs up”. In this vein, always avoid what we read in “The Priory School”: “The Duke bowed his assent.”
- Hesitations
What is described next is a common illustration of a person pausing prior to providing information to the authorities, for fear of either being wrong and bringing about harm to an innocent person or, from the other perspective, being correct and bringing damning information to the police. As we read in “The Three Students”: “Soames hesitated. ‘It is a very delicate question,’ said he. ‘One hardly likes to throw suspicion where there are no proofs.’” Detectives must always weigh such pauses as honest and reliable witnesses may hesitate to bring forward information to give themselves the opportunity to weigh fully what information they possess and not rush into so grave a thing as is the provision of information to the police.
- Refusal to cooperate
No person who is detained or under arrest need answer any questions and some reply in a way that tracks the passage set out next: “I do not feel that there is any reason why I should render an explanation to you, Mr. Holmes.” See “The Missing Three-Quarters”.
- Right to silence
It is not necessary to set out the well-understood duty to explain the right to silence and the right to consult with a lawyer, but it is useful to take a second to point out what ought not to be said and done in the sense of offering an advantage: “’Give him a cigar,’ said Holmes. ‘Bite on that, Captain Crocker, and don’t let your nerves run away with you. I should not sit here smoking with you if I thought that you were a common criminal, you may be sure of that. Be frank with me and we may do some good. Play tricks with me, and I’ll crush you.’” [Emphasis added]
- Speaking at length – always allow the person this opportunity
What the witness stated in the passage that follows is the right of every suspect and should be seen as the correct procedure in the case of each potential witness. After all, what is the harm in showing patience? “’You must let me speak,’ said the woman, in an imperative voice …” Refer to “The Golden Pince-Nez”.
- Start at the beginning but not in certain situations
See the earlier discussion under the title “Method in questioning witnesses”. In effect, the logical point is the start but not if emotion or fatigue dictate a more direct approach that will spare the witness stress and fatigue. In “Black Peter”, we read: “’How came you there?’ asked Holmes. ‘I’ll tell it you from the beginning. Just sit me up a little, so as I can speak easy…’” You see by this passage, comfort and logic must be respected.
- Warning as to refusal to provide information
Consider this exchange from “Black Peter”: “Why should I tell you?” “If you have no answer, it may go badly with you at the trial.” Not overlooking in any way your imperative duty to provide Charter rights and warning as to the right to silence, I wish to point out that the excerpt just quoted illustrates the English practice of pointing out to suspects (and all other witnesses) that if they refuse to assist the police with their investigation, information disclosed for the time in a courtroom may be given no weight. Indeed, the person acting in this fashion may be met with the Crown’s argument (or the Court’s finding) that “It would have been helpful, and the sign of an honest citizen assisting the authorities, if this had been told to the police much earlier” It is not unlike an alibi scenario that must be disclosed much earlier than trial.
Judgment
- Bias, in general
Investigators must always be vigilant not to assign credit without a careful weighing when witnesses demonstrate bias, whether favourable or negative based on the witnesses’ view of the merits or demerits of persons of colour, or of a certain faith, or religion, or language, or ethnicity, etc. Consider this example in which I have suppressed the identifiers as they are not needed to make the point: “The second floor is inhabited by …, the [nationality]. He is a quiet, inscrutable fellow; as most of those [ethic background] are.” See “The Three Students” To the same effect is the quote that follows: “’Hum! Think of her appearance, Watson—her manner, her suppressed excitement, her restlessness, her tenacity in asking questions. Remember that she comes of a caste who do not lightly show emotion.’” Today, one would be hard pressed to defend such a stereotypical view of one of our fellow Canadians. Evidence is what investigators must discover, and they will not do so by means of prejudice or stereotyping.
- Bias of loved ones
Investigators are often faced with difficult situations in which loved ones might not wish to assist the authorities in their search for the truth if it potentially involves their family or dear friends. In this vein, consider this passage from “The Norwood Builder”: “… The mother was at home—a little, fluffy, blue-eyed person, in a tremor of fear and indignation. Of course, she would not admit even the possibility of his guilt…” speaking of her son.
- Context to avoid wrongful conclusions
“Black Peter” includes this observation: “Half-past two had chimed, and it was the darkest hour which precedes the dawn…” This is no doubt correct save for places such as Dawson City, Yukon, where one of my children resides and where I am told in the summer that you can garden often at that time as the daylight can be suitable.
- Document to support statements
To the extent that this is possible, it is always a pleasure to receive a clear statement supported by ample documentation. Allow me to quote again from “The Six Napoleons”:
The manager, a big blond German, received us civilly and gave a clear answer to all Holmes’s questions. A reference to his books showed that hundreds of casts had been taken from a marble copy of Devine’s head of Napoleon, but that the three which had been sent to Morse Hudson a year or so before had been half of a batch of six, the other three being sent to Harding Brothers, of Kensington…
- Fairness shown by a witness
One should always be punctilious in noting any information by a witness that might throw doubt on certain aspects of their testimony. The superiors reviewing your brief must be able to ascertain all the information, good, bad or indifferent to the Crown’s case, as must the prosecutor who will get the case. Indeed, any such non-helpful information tends to show how fair the witness is. For example: “Well, sir, it wakened me from my sleep, so it is hard to judge.” See “The Dancing Men”.
- Flight
The passage that follows involves circumstantial evidence, that is subject to special rules of caution that judges and juries must apply. Suffice it to say that for our purposes, circumstantial evidence may be useful but is rarely as black and white as Holmes suggests. Nonetheless, flight is useful in attempting to demonstrate a form of guilty mind. Thus, we read in “The Dancing Men”:
“You need not be uneasy. He will not try to escape.”
“How do you know?”
“To fly would be a confession of guilt.”
The cases suggest that in many cases individuals who run from the authorities did so not to avoid prosecution in the precise crime being investigated but by reason of (you pick one):
1) There is a warrant for their arrest;
2) They are wanted for a breach of probation;
3) They are wanted for a breach of release;
4) They are wanted for a beach of parole;
5) They are always in the habit of running from the police just because …
- Hesitation
Consider this example: “You have nothing else to tell us?” He hesitated. “No, there is nothing.” Whether considered as a form of demeanour, or independently, hesitations are quite revealing as to the apparent wish of witnesses to respond with candour. In effect, answering with ease and without undue time to consider one’s response is typically seen as demonstrative of candour and reliability while taking quite long to reply betrays lack of truth and reliability by reason of lack of spontaneity. My difficulty with this line of thought is that I was always more impressed as a judge by a police officer who took time to consider the questions fully. After all, a Court is a truth-finding forum and not a form of “Reach for the Top” where you hit the buzzer first!
Two funny stories are of interest. There is a great story of a man who was dragged from a burning hotel room in the 1930’s and who was accused by a fire fighter of having stupidly fallen asleep in bed while smoking. He immediately and without hesitation responded: “Bull shit! The bed was already I fire when I lay down to sleep!” His answer had the advantage in fact-finding of being spontaneous and it had the fault of being totally garbage, a polite word… Think also of the movie “The Money Pit”. Whenever one of the workers was asked how long any task would take in renovating the house, whether installing a furnace or putting up a single portrait on the wall, the reply was “Two weeks”. Again, on the plus side is spontaneity; on the negative, no apparent merit!
In closing, investigators should also judge if the person interviewed seems to respond with flowing, easy to formulate responses when asked about incriminating information about “X” and to be seen as totally without ease when asked about helpful information about the same person. This may well betray bias, lack of neutrality or a rehearsed story that did not include other elements that you are interested to discuss.
- Information overload, danger of
This very real concern is illustrated in the short story, “The Three Students”, as follows: “Mr. Soames was somewhat overwhelmed by this flood of information…” In such cases you must obtain assistance from others. There is no advantage, and great prejudice to the successful outcome of your investigation, if you do not obtain help.
- Logic
“The Norwood Builder” includes this interesting observation: “There were allusions to some deeds—possibly the more valuable—which I could not find. This, of course, if we could definitely prove it, would turn Lestrade’s [of Scotland Yard] argument against himself, for who would steal a thing if he knew that he would shortly inherit it?” [Emphasis added] That said, emotions often explain non-logical acts.
Further, logic is often corrupted by certain odd lines of thinking. I recall in Boy Scouts being told that one ought not to use the first toilet stall in a busy washroom containing many as it would be used most often, as people choose the first one out of laziness, and would be least clean. The bright fellow next to me said, “Akela, if that is true, and everyone is told to avoid the first stall, and they follow that advice, the first one would be the cleanest!”
- Looking to both (or all) sides of a factual controversy
“… One should always look for a possible alternative, and provide against it. It is the first rule of criminal investigation.” This suggestion, found in “Black Peter”, is another way of stating that the careful investigator will look under all the stones and then at all of the stones under the first ones, it goes without saying. But that does not mean that you become paralyzed under an avalanche of stones you have heaped upon yourself – you must apply common sense, training and experience and do what jurors are told to do – avoid creating fanciful scenarios to create an artificial reasonable doubt to avoid reaching tough conclusions. In that context, one reads in the same short story: “Well, well,” said Holmes, good-humouredly. “We all learn by experience…”
- Motive in criminal investigations
“The Golden Pince-Nez” includes this illustration: “I can make neither head nor tail of it. So far as I can see, it is just as tangled a business as ever I handled, and yet at first it seemed so simple that one couldn’t go wrong. There’s no motive, Mr. Holmes. That’s what bothers me—I can’t put my hand on a motive. Here’s a man dead—there’s no denying that—but, so far as I can see, no reason on earth why anyone should wish him harm.” [Emphasis added] The Crown need not prove motive, by and large, as rich people steal trifling things for thrill, etc.
- Reliability versus honesty
The short story “The Golden Pince-Nez” includes this relevant passage: “… The maid is prepared to swear that those were the exact words...” in reference to “‘The professor,’ he murmured … ‘it was she.’” What the careful investigator must recall is that an honest and careful witness may go to their grave convinced that what they said to the police was true and accurate. And, indeed, your conviction that they were honest in this regard may be utterly correct. However, that does not end the analysis in that the witness may be unreliable to a lesser or great extent as they may have been too excited or anxious, tired or ill, far away or too close, etc., to obtain a perfect understanding of what was said and then to retain it fully.
In the ultimate analysis, the witness must be honest and reliable, two different qualities.
- Reversing the proposition to test the truth of a belief
It is always valuable to look at both sides of a question of fact. If you see a person bent over a body in which a knife is found, do you not consider the possibility that the person is helping after the fact of an attack? In this light, note this lengthy illustration of looking at both sides:
“Not clear [of guilt]? Well, if that isn’t clear, what could be clearer? Here is a young man who learns suddenly that, if a certain older man dies, he will succeed to a fortune. What does he do? He says nothing to anyone, but he arranges that he shall go out on some pretext to see his client that night. He waits until the only other person in the house is in bed, and then in the solitude of a man’s room he murders him, burns his body in the wood-pile, and departs to a neighbouring hotel. The bloodstains in the room and also on the stick are very slight. It is probable that he imagined his crime to be a bloodless one, and hoped that if the body were consumed it would hide all traces of the method of his death—traces which, for some reason, must have pointed to him. Is not all this obvious?”
“It strikes me, my good Lestrade, as being just a trifle too obvious,” said Holmes. “You do not add imagination to your other great qualities, but if you could for one moment put yourself in the place of this young man, would you choose the very night after the will had been made to commit your crime? Would it not seem dangerous to you to make so very close a relation between the two incidents? Again, would you choose an occasion when you are known to be in the house, when a servant has let you in? And, finally, would you take the great pains to conceal the body, and yet leave your own stick as a sign that you were the criminal?
Confess, Lestrade, that all this is very unlikely.” [The Norwood Builder]
- Self-description of honesty
I need not cite authority to the effect that investigators should be wary of those who assert and take pride in their full co-operation and honest dealings with the authority. But this example is useful, from “The Priory School”: “You asked for frankness, Mr. Holmes, and I have taken you at your word, for I have now told you everything without an attempt at circumlocution or concealment. Do you in turn be as frank with me.”
- Trivial facts as foundation for serious findings?
Sir Arthur’s short story “The Second Stain” includes this odd comment: “… Their most trivial action may mean volumes, or their most extraordinary conduct may depend upon a hairpin or a curling tongs. …” In my opinion, investigators need to base their conclusions on solid foundations and not on rock, paper, scissors.
- Vocabulary
Holmes heard a victim inform him in “The Solitary Cyclist” of the following complaint: “He was a dreadful person—a bully to everyone else, but to me something infinitely worse. He made odious love to me, boasted of his wealth …” In the lexicon of the time, and place, this meant he was trying to woo her, to seduce her, but not that he had had any sexual contact, though only a thorough questioning might ensure that such was the case. In many books and stories of the time, one reads “I made love to … all night at the dance until the music stopped and we had to go home”.
- Warped by pretty eyes …
As we are reminded in reading “The Abbey Grange”, “The lady’s charming personality must not be permitted to warp our judgment…” Your work is to find out the truth, and nothing is to interfere with this difficult task.
Professionalism
- Allow the Crown to discharge its duty after you do so
At times, it may be within your power and discretion to decide whether to caution a suspect, or warn them, or to take such other action that does not lead to a prosecution that will be entrusted to a prosecutor. At other times, your remit may be limited to charging the individual and allowing the Crown to exercise its discretion as to discontinuing a prosecution. Recent events in Alberta have shed light as to the potential for tension as between each level of decision-making. Be that as it may, in many cases, you may have to reserve as to your action until you have consulted with the prosecutor. Consider this passage, by way of illustration of the difficulties in sharing decision-making power:
… and finally, when I would have nothing to do with him, he seized me in his arms one day after dinner—he was hideously strong—and swore that he would not let me go until I had kissed him… [“The Solitary Cyclist”]
In such a case, it might be wise to obtain advice as to the number and nature of charges. For example, is it a stretch to consider it a death threat? Ought a charge of extortion be sworn to, in addition to sexual assault, etc.?
- Reasonable persons may disagree upon reasonable grounds
I recall that during my service as an assistant Crown Attorney, I would hear my far more experienced colleagues state “I knew that Judge … would reject my submission” or “I knew when Judge … entered the room that my argument would prevail.” In effect, there was a “book” on every judge, and each person might be said to have a philosophy that might more easily be reconciled with such and such a submission. For police investigators, this means on the most practical level that several of your requests for a General Warrant might not be received with favour although many other members of the judiciary might well have been of a different view. Many important criminal law decisions are made by our highest court, the Supreme Court of Canada, on a 5 to 4 split, or 4 to 3, or 3 to 2. Your sense of professionalism must lead you to accept the rulings you receive, and to continue with your work, or testimony, leaving it to the prosecution to seek an appeal at the conclusion of the trial, if sufficient grounds are shown to support such a step.
In this context, Holmes has stated: “Ah! my dear Watson, there we come into those realms of conjecture, where the most logical mind may be at fault. Each may form his own hypothesis upon the present evidence, and yours as likely to be correct as mine.”
Conclusion
I do not know what to make of this observation touching upon Sherlock Holmes’ addiction to narcotics, but I think it demonstrates the hope that everyone may escape the clutches of such an illness: “For years I had gradually weaned him from that drug mania which had threatened once to check his remarkable career. Now I knew that under ordinary conditions he no longer craved for this artificial stimulus …” I truly hope such is true for everyone. See “The Missing Three-Quarter”.
[1] “Investigations 101: Lessons from Sir Arthur Conan Doyle’s The Adventures of Sherlock Holmes, Blue Line, May 3, 2023; “Investigations 101: The case of ‘The Red-Headed League’ by Sir Arthur Conan Doyle – Instruction for modern-day detectives”, Blue Line, September 15, 2023; “Investigations 101: What Police Officers Learn by reading the Memoirs of Sherlock Holmes: The story of ‘The Yellow Face’”, Blue Line, July 14, 2023; “Investigations 101 What Police Officers Learn by reading the Memoirs of Sherlock Holmes: The story of ‘Silver Blaze’”, Blue Line, August 18, 2023.
[2] Demeanour Evidence on Trial: A Legal and Literary Criticism, Sandstone Academic Press, Melbourne, Australia, 2008.