The ‘suspect’ was held initially at Cumberland Street; then he was transferred to Tobago Street so that the lead team could get the kudos. But the gang of howling vigilantes outside the jail – women in curlers and aprons carrying noosed lengths of rope from their washing lines – forced them to transfer Hugh to Barlinnie ‘for his own protection’. En route, his van was pelted with rotten food and cobbles, and by clever accident a cameraman from the Daily Record managed to catch a photo of Hugh’s melted face to nicely underscore everyman’s image of an ogre.
Before being driven off to the Bar-L, they’d given Hugh one outing. Muncie proudly announced that they’d taken the suspect back to the scene of the crime and that significant new evidence had come to light as a result of yet more fine police work. Was this what Sam had said about Hugh having ‘knowledge of the crime scene’?
The trial itself had the same mob baying outside for justice, by which they meant a good hanging. There was no mitigation for his war exploits. No balancing of the scales with recognition of what he’d given for his country. Inside, the Procurator Fiscal constructed a Clyde-built case from the piles of evidence available to him. The wonder of it was that the jury took three days to come up with their verdict, and then chose to give a majority decision that would take Hugh to the scaffold. The defence counsel, Advocate Samantha Campbell, scored two clever goals.
First she tore apart the evidence given by two of the detectives. Detective Sergeant Bill Kerr swore on oath that Donovan had made his confession before being taken to the crime scene. Detective Constable Davy White said he’d first mentioned the seven stab wounds and the naked body at the coal cellar. He claimed that Donovan had then, through feelings of remorse, made his confession when he’d returned to the cells. Sam had got the pair of them so tongue-tied that they’d been shouting at each other at the end of it. I wondered what their notebooks said?
The second and crucial way in which Sam undermined the prosecution was in the sequence of events and the handling of the bloody evidence. The scientist from Glasgow Forensic Medicine Laboratory told the court that the body of the child had been dumped in the coal cellar two to three days after he’d been killed. This was apparent from the lack of blood in the cellar and the state of decomposition.
Under interrogation, the policeman – a local bobby called Robertson – who’d made the initial search of Hugh’s flat the day after the boy had disappeared swore that he’d searched the tiny space from top to bottom, including under the sink. He claimed to have seen no sign of any blood-soaked material in a bucket, far less the boy himself. So where had the boy been held?
Within twenty-four hours of the boy’s body being found, so was the bucket, brimming with murder weapon, bloodstained clothes from the boy and Hugh, and Hugh’s fingerprints. Sam rightly asked why would a murderer keep the boy a prisoner for a few days in some as yet undiscovered location, then kill him, dump the body somewhere else and then cart all the evidence back to his flat? Why wouldn’t he have left the evidence in this mysterious other location? Why hadn’t the police searched for it? And if he was responsible for the other missing children, where had he kept them? Why provide this evidence? Naturally the prosecution couldn’t bring charges for the abduction and murder of the first four boys. No bodies had turned up. But they certainly sprayed round the innuendo like muck on a farmer’s field.
Sam used it as a lever. This time she had Muncie himself in the stand. He’d started off in his usual preening way to show how clever he and his team had been and ended up apoplectic in the dock shouting that there was no other location. He as good as accused the poor plod who’d made the first search of being incompetent and had failed to spot the boy who’d no doubt been trussed up and gagged in a cupboard or under the bed. The judge had to admonish Muncie from shouting at the defence lawyer and calling her a silver-tongued mischief-maker who was twisting the words of an honest policeman.
Sam Campbell had made her point. It was just about conceivable that Hugh Donovan had been set up. That the murderer had inserted the evidence in his flat to incriminate him. She made a brave attempt to explain away Hugh’s shirt with the bloodstains as having been stolen from the washing line in the back green. She also got the fifteen members of the jury thinking about the state of Hugh’s hands. She made him show them to the court. I could picture the revulsion all round the room as he stuck out his burnt claws. She asked him to clench his hands and he couldn’t. She asked him if he had any fingerprints left after his heroic exploits in Bomber Command. He said he had some on his right hand but grasping a knife with one hand was impossible. She spent some time reminding the jury how he’d earned his dreadful wounds in the tail turret of his RAF bomber.
He couldn’t recall a thing about the night before he was arrested, except he’d taken some of his ‘painkillers’, maybe too much. And that in that state it was perfectly possible for someone to have entered his flat and planted the evidence.
It was a brave try, Sam, I thought. But the prosecution kept pounding away at the piles of evidence and the confession. Hugh never quite managed to retract his confession, just told the court that he’d said anything to be left alone. When they introduced the forensic discovery that the boy’s body bore traces of heroin, it should have been a unanimous verdict of guilty. Sam’s closing speech about this heroic warrior who’d given his all for his country must have been a cracker to leave enough doubt in a few minds. She was even getting to me. The circumstances of finding the body and then – conveniently – the evidence, were simply too pat to be true. They searched the tiny single-end once and found nothing. They searched again and found a bucket load of incrimination. Why would Hugh do that? Why would he drag the body to the coal cellar? The lack of blood round the body made it as clear as daylight that the slaughter had taken place elsewhere. It stank of a frame-up. But by whom? And why? Why would anyone have it in for a poor wee junkie like Hugh? I’d seen his hands; it seemed implausible that he could have wielded a knife far less left prints all over it.
But if Hugh didn’t do it, then, obviously enough, someone else did. It gave me a toehold. If there was another killer he kept the boy somewhere other than Hugh’s flat or the coal cellar and probably killed him there. Find the location; find the killer. He had to be someone who knew Hugh, knew his habits – especially his heroin one – and was local. He – and I suppose it was a he – must have been able to identify Hugh’s shirt on the washing line, steal it and cover it in the blood of the child. But wasn’t that stretching things too far? A premeditated act of murder and incrimination? Could I conceive of a person who was so demented yet so calculating that he knew he was going to murder the boy and that before he slaughtered him he would have to pinch a shirt to catch the blood? It couldn’t have been an afterthought to acquire Hugh’s shirt; the blood would have congealed and dried within hours, and how would the killer have known he’d find just the perfect piece of incriminating evidence? Name tag and all? Maybe there were two killers? Or they had had some helpful assistance in planting the evidence from our guardians of the peace themselves…