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Contents
Preface xix

Part 1 Fundamentals of Criminal Investigation

CHAPTER 1 Foundations of Criminal Investigation 1
The Book’s Theme 2
The History of Criminal Investigation 3
Criminal Investigation in England 3
Criminal Investigation in the United States 3
The Introduction of Metropolitan Detectives 4
State and Federal Initiatives 5
The Creation of the FBI 5
Other Investigative Initiatives 6
Contributions of August Vollmer 7
Historical Highlights in Forensic Science 7
The Evolution in Research and Science in Forensic Science 8
Criminal Investigation Research 9
The RAND Corporation Study 9
The PERF Study 11
The Objectives of Criminal Investigation 11
Inductive and Deductive Reasoning 12
Critical Thinking and Scientific Methodology 13
The Emergence of the Police Specialist 14
Types of Investigations 14
Crime-Scene Investigators 15
Modes of Investigation 15
The Role of the Criminal Investigator 15
Characteristics of the Investigator 15
The Patrol Officer as an Investigator 16
Solvability Factors 16
The Preliminary Investigation 17
The Crime-Scene Response 18
THE CASE: Anatomy of a Home Invasion 20
Summary and Key Concepts 21

CHAPTER 2 The Crime Scene: Field Notes, Documenting, and Reporting 24

The Role of Field Notes in a Criminal Investigation 26
When to Take Notes 26
What to Write Down 26

vii
 Developing a Note-Taking System 26
Field Interview Cards 26
Writing the Official Investigative Report 26
Factuality 27
Thoroughness 29
Getting to the Point 29
Accuracy and Objectivity 29
Word Choice 29
The Main Components of a Fact Sheet or Initial Complaint 29
Documenting Interviews 29
The Initial Complaint 30
Supplemental Reports 30
Methods for Photographing the Crime Scene 31
Photographs as Evidence 31
Preserving Digital Images 32
What to Photograph 32
Other Hints 32
Legal Considerations for the Admissibility of Photographs 34
Information Included in the Photographic Log 35
Surveillance Photographs 35
The Crime-Scene Sketch 36
Putting It Together 36
Measurement 36
Rough and Finished Sketches 36
Choosing the Best Method 37
THE CASE: Investigative “Tunnel Vision”—The Duke Lacrosse Rape Case 39
Summary and Key Concepts 40

CHAPTER 3 Processing the Crime Scene 43

Understanding the Preliminary Investigation 44
Types of Crime-Scene Evidence 45
Forms of Evidence 46
Responsibilities of the First Officer 46
Broadcasting a Flash Description 48
Securing and Protecting the Scene 49
The “Walk-Through” 51
Establishing “Chain of Custody” 51
Using Legal “Tools” 51
Collecting and Searching for Evidence at the Scene 51
Search Patterns 52
The Crime-Scene Search 53
Collecting Evidence 53
Performing the Follow-Up Investigation 56
Contacting the Medical Examiner 56
Conducting a Neighborhood Canvass 56

viii Contents
 Preparing Crime-Scene Reports 56
Performing the Follow-Up Investigation 57
THE CASE: Pressure, and More Pressure—The Impact of TV on Crime-Scene Processing 58
Summary and Key Concepts 59

Part 2 Follow-Up Investigative Processes

CHAPTER 4 Identifying Criminal Suspects: Field and Laboratory Processes 62
The Role of the Crime Laboratory in Criminal Investigation 63
Trace Evidence 63
Questioned Documents 63
DNA Analysis 63
Ballistics 64
Latent Prints 64
Forensic Photography 64
Types and Patterns of Fingerprints 64
Types of Prints 65
Types of Patterns 65
Searching for Prints 66
Development and Preservation of Latent Fingerprints 67
The “Tools” of the Trade 67
Preserving Fingerprints 67
Prints from Gloves 68
The Integrated Automated Fingerprint Identification System 68
DNA and Criminal Investigations 69
Analyzing DNA 70
Elimination Samples 70
Analyzing Handwriting 71
Collection of Exemplars 71
The Writing Medium 72
Criminal Suspect Composites 72
Investigative Analysis to Solve Crimes 73
Conducting Lineups 74
Identification Procedures 75
The Right to Counsel at Eyewitness Identifications 79
THE CASE: DNA’s First Case: The Narborough Murders 81
Summary and Key Concepts 82

CHAPTER 5 Legal Issues in Criminal Investigation 85

Legal Guidelines for Conducting Searches 86
The Probable Cause Requirement 86
The Exclusionary Rule 87
Search Incident to Lawful Arrest 87

  Contents ix
 Exceptions to the Exclusionary Rule 88
The Good-Faith Exception 88
The Inevitable Discovery Doctrine 88
The Computer Errors Exception 88
Searches with a Warrant 89
When Are Search Warrants Necessary? 89
Advantages of Searching with a Search Warrant 89
Anticipatory Search Warrants 90
Warrantless Searches 91
Search by Consent 92
Emergency Searches 93
Stop-and-Frisk Searches 94
The Consensual Encounter versus Investigative Detention 94
Plain-View Searches 95
Automobile Searches 95
Open-Field Searches 96
Making an Arrest 97
What Is an Arrest? 97
The Lawful Arrest 97
Detention versus Arrest 98
Investigatory Stops 98
When Is a Person under Arrest? 99
Use of Force 100
Understanding Reasonableness 101
Levels of Force 101
Use of Deadly Force 102
The Fleeing-Felon Rule 103
THE CASE: The Search for the Craigslist Ripper 104
Summary and Key Concepts 105

Part 3 Obtaining Information

CHAPTER 6 Interviews and Interrogations 108
Interview versus Interrogation 109
The Interview Process 110
Interviewing Witnesses, Citizens, and Victims 110
The Cognitive Interview 110
“Think-Aloud” Interviewing 112
Verbal-Probing Techniques 112
The Suspect Interrogation Process 112
Goals of the Interrogation 112
Safeguarding against Police Misconduct 112

x Contents
 The Suspect’s Right to Legal Counsel 112
The Interrogation Setting 114
The Interrogation Procedure 115
Detecting Deception 115
Verbal Symptoms of Deception 115
Breaking the Suspect’s Alibi 116
Challenging the Suspect’s Information 116
Lying Techniques 116
Use of the Polygraph 117
The Voice Stress Analyzer 119
Why Suspects Cooperate and Confess 119
Searching for Information 119
Closing the Communication Gap 120
Admission versus Confession 120
False Confessions 120
Written Statements 120
Structuring the Written Statement 121
Recorded Statements 121
Confessions on Video 121
THE CASE: The Stephanie Crowe Murder Investigation 123
Summary and Key Concepts 124

CHAPTER 7 Criminal Intelligence and Surveillance Operations 127

The Usefulness of Intelligence 128
Overt and Covert Intelligence Collection 129
Criminal Intelligence and Criminal Investigation 130
Defining Criminal Intelligence 130
Types of Intelligence 130
Procedures for Intelligence Gathering 131
Analyzing the Information 133
Link Analysis 133
Flowcharting 134
Auditing and Purging Files 135
Surveillance Operations 136
Preparing for the Surveillance 136
Foot Surveillance 136
Vehicle Surveillance 137
Stakeouts, or “Stationary Surveillance” 138
Investigative Procedures 139
Poststakeout Procedures 139
Electronic Surveillance and Wiretaps 139
Satellite-Assisted Surveillance 140
Computer Surveillance 140
Telephones and Mobile Telephones 141

  Contents xi
 Surveillance of Social Networks 142
Biometric Surveillance 142
Thermal Imaging 143
THE CASE: Surveillance and the Killing of Osama Bin Laden 145
Summary and Key Concepts 146

CHAPTER 8 Informant Management and Undercover Operations 149

Who Becomes an Informant? 151
Using Informants 151
Informant Motivations 152
Documenting Your “Source” 153
Maintaining Control 153
Legal Considerations 153
Undercover Operations 155
Types of Undercover Operations 157
The Undercover Working Environment 157
The Cover Story 157
Protecting the Undercover Officer’s “Cover” 158
Infiltration 158
Risks in Undercover Assignments 159
THE CASE: The Antisnitch Movement 161
Summary and Key Concepts 162

Part 4 Crimes Against Persons

CHAPTER 9 Death Investigations 165

The Extent of Homicide 166
The Homicide Investigator’s Guiding Principle 167
Murder and Wrongful Death 167
Dynamics of the Homicide Unit 167
Selecting the Right Detective 167
Caseload Management 168
Investigative Tools 168
Cold Case Squads 168
The Homicide 911 Call 168
Analyzing the Call 168
Legal Characteristics of Homicide 169
The Preliminary Investigation 170
Protecting the Crime Scene 170
Taking Notes at the Scene 170
Identifying the Victim 170
Estimating the Time of Death 171
Changes in the Body: Decomposition 171

xii Contents
 The Forensics of Decomposition 172
Other Visual Evidence of Decomposition 173
Gunshot Wounds as Evidence 174
Assessing the Severity of Gunshot Wounds 175
Entrance Wounds 175
Exit Wounds 175
Smudging 175
Tattooing 175
The Role of Gunshot Residue 176
THE CASE: The Investigation of the “BTK” Killer 180
Summary and Key Concepts 181

CHAPTER 10 Robbery 183

Understanding Robbery 184
The Extent of Robbery 184
Consequences of Robbery 184
Elements of Robbery 185
Types of Robbery 185
Commercial Robberies: Stores and Banks 186
Street Robberies 186
Residential Robberies 186
School Robberies 186
Vehicle Robberies 186
The First Officer on the Scene 187
The Preliminary Investigation 189
The Neighborhood Canvass 190
The Robber’s Method of Operation 190
Physical Evidence 191
The Role of Witnesses 191
THE CASE: A New Reality in Robberies—Pharmaceuticals 193
Summary and Key Concepts 194

CHAPTER 11 Assault and Related Offenses 197

Legal Classifications of Assault 199
Simple Assault 199
Aggravated Assault 199
Domestic Violence 200
Legal Approaches to Domestic Violence 201
Stalking 202
Who Stalks Whom? 203
Sexual Assault 203
Forcible Rape 203
Legal Aspects of Rape 204

  Contents xiii
 Evidence in Rape Cases 205
Investigative Procedures: The Crime-Scene Investigation 205
Investigative Procedures: The Interview 208
THE CASE: Date Rape in Connection with a University Employee 210
Summary and Key Concepts 211

CHAPTER 12 Missing and Abducted Persons 213

Understanding the “Big Picture” 214
Profiling the Abductor: Stranger versus Nonstranger 214
Children Who Are Killed 215
Abductor Characteristics and Factors 216
Types of Missing Children Cases 216
Abductions via the Internet 217
Code Adam 217
The Investigative Response 218
The Initial Call for Assistance 219
Responding Officer Responsibilities 219
The 16 Steps of Investigation 220
The Importance of the Neighborhood Canvass 222
The Investigator’s Role 222
Moving Forward with the Investigation 222
THE CASE: The Abduction of Elizabeth Smart 225
Summary and Key Concepts 226

CHAPTER 13 Crimes against Children: Child Abuse and Child Fatalities 228
The Abuse of Children 229
Why Does Child Abuse Occur? 229
Child Fatalities: The Nature of the Problem 230
Child Abuse and the Law: The Doctrine of Parens Patriae 231
The Role of Child Protective Services and the Police 232
Evidence from the Autopsy 232
The Child Fatality Review Board 233
Child Physical Abuse 233
Emergency Room Personnel and Medical Examiners 234
Battered Child Syndrome 235
Steps in Investigating Battered Child Syndrome 235
Interviews with Medical Personnel 235
Consultation with Experts 236
Interviews with Caretakers 236
The Crime-Scene Investigation 236
Shaken Baby Syndrome 237
Munchausen Syndrome by Proxy 237
Sudden Infant Death Syndrome 238
Sexual Abuse of Children 239

xiv Contents
 The Forensic Interview 240
Why Are Forensic Interviews Needed? 240
The Initial Interview 240
The Secondary Forensic Interview 241
Techniques of Forensic Interviewing 241
Investigating the Molester 242
Premeditation and Intent 242
Child Exploitation 242
Legal Implications 243
Recent History 243
Victims of Child Pornography 243
Child Prostitution 244
Child Exploitation Offenders 244
THE CASE: Sexual Abuse of Children within the Catholic Church 245
Summary and Key Concepts 246

Part 5 Crimes Against Property

CHAPTER 14 Theft-Related Offenses 249
Burglary 250
The Frequency of Burglary 250
The Preliminary Investigation 251
Indications of Burglary 251
Tracing Stolen Property 252
The Fence 252
Proving the Receipt of Stolen Property 252
Larceny-Theft 253
The Extent of Larceny-Theft 253
Fraud-Forgery 253
Forgery 254
Check Fraud 255
Embezzlement 256
Investigating Embezzlement 256
Shoplifting 256
Investigative Steps 257
Identity Theft 258
The Investigative Response 259
Computer Crime 259
Understanding the Computer Crime Problem 260
Computer Crime Investigations 260
Motor Vehicle Theft 261
The Extent of Motor Vehicle Theft 262
The Preliminary Investigation 263

  Contents xv
 The Vehicle Identification Number 263
Tools of the Trade 263
Motorcycle Theft and Fraud 264
Motor Vehicle Fraud 264
Motor Vehicle Insurance Fraud 265
A Collective Response to Crime 265
THE CASE: Identity Theft and Its Implications . . . 266
Summary and Key Concepts 267

CHAPTER 15 Arson and Bombings 270

Arson Offenses 271
The Extent of Arson 271
The Definition of Arson 272
The Police and Fire Alliance 272
Arson Investigative Techniques 272
The Preliminary Investigation of Arson 272
Motivations of the Arsonist 275
Serial Fire Setters 276
Profiling the Fire Starter 276
The Role of the Insurance Industry 276
Prosecution of Arson Cases 277
Investigation of Bombing Incidents 278
Investigating Bomb Threats 278
When a Bomb Is Found 278
Handling the Media 279
THE CASE: The Case against the Unabomber . . . 280
Summary and Key Concepts 281

Part 6 Terrorism
CHAPTER 16 Terrorism and National Security Crimes 283
Terrorism Defined 284
Identifying the Terrorists 285
Criteria Describing Terrorists 286
Forms of Terrorism 287
Notable Terrorist Incidents 288
Recent Terrorist Threats 289
International Terrorism 289
Threats of Mass Destruction 292
Chemical 292
Biological 292
Radiological 292
Nuclear 293

xvi Contents
Domestic Terrorism 293
Self-Radicalization: The Homegrown Terrorist 294
Who and How 295
The Self-Radicalization Process 295
Role of the Internet 296
Assassination as a Terrorist Tactic 297
Tactics to Destabilize Terrorist Organizations 297
THE CASE: The Reality of Criminal Investigations Dealing with Domestic Terror Threats 299
Summary and Key Concepts 300

Glossary 303
References 309
Name Index 319
Subject Index 321

  Contents xvii
This page intentionally left blank
Preface
This Book’s Theme
This book is now in its third edition. It is intended to meet the
needs of students and others interested in criminal justice by pre-
senting information in an easy-to-read, logical flow, paralleling
the steps and considerations observed in an actual criminal inves-
tigation. Additionally, it is designed to fulfill an ongoing need for
an abbreviated book that explains clearly and thoughtfully the
fundamentals of criminal investigation as practiced by police
investigators on the job in communities across the nation.
The book is written with several observations in mind. First,
it is designed to blend scientific theories of crime detection with
a practical approach to criminal investigation. Its underlying
assumption is that sound criminal investigations depend on an
understanding of the science of crime-detection procedures and
the art of anticipating human behavior. There is yet another
critical observation made in the book: It recognizes that both
the uniformed officer and the criminal investigator play impor-
tant roles in the field of criminal investigation. The duties of
each are outlined throughout the book, recognizing that there is
a fundamental need for both to work in tandem throughout
many aspects of the criminal investigation process.
Another underlying theme of the book is that, as with all police
endeavors, criminal investigation is a law enforcement responsibil-
ity that must be conducted within the framework of the U.S. Con-
stitution and the practices of a democratic society. Consequently,
court decisions and case studies have been quoted extensively for
clarification of issues and general reader information.
Additional Highlights to the Author’s
Approach
• A 16-chapter format specifically designed to enable the
instructor to cover the entire book in a standard semester
and to enable the student to read without being pressured
to cover numerous chapters in a short period of time
• An enhanced graphical interface affording the student an
additional venue for learning
• Recent and meaningful case studies that begin and end
each chapter
• Boxed features specifically designed to allow the student
to consider how chapter material applies to the real world
of criminal investigation
• A dedicated chapter on terrorism and the investigation of
such crimes
• Coverage of the latest investigative methods for dealing
with eyewitness testimony, missing and abducted persons,
computer/Internet crime, and other “hot-button” issues in
criminal investigation
New to This Edition
• Updated case studies
• Updated statistics
• More detail about crime-scene searches and evidence
• Learning outcomes identified throughout each chapter
• New graphics throughout the book
• Refreshed “Think About It” sections in each chapter
• New and refreshed photos and informational boxes
throughout the book
• Revised “Learning Outcomes” at the end of each chapter
   xix
 ▶ Instructor Supplements
• Instructor’s Manual with Test Bank. Includes content outlines
for classroom discussion, teaching suggestions, and answers
to selected end-of-chapter questions from the text. This also
contains a Word document version of the test bank.
• TestGen. This computerized test generation system gives
you maximum flexibility in creating and administering
tests on paper, electronically, or online. It provides state-
of-the-art features for viewing and editing test bank ques-
tions, dragging a selected question into a test you are
creating, and printing sleek, formatted tests in a variety of
layouts. Select test items from test banks included with
TestGen for quick test creation, or write your own ques-
tions from scratch. TestGen’s random generator provides
the option to display different text or calculated number
values each time questions are used.
• PowerPoint Presentations. Our presentations offer clear,
straightforward outlines and notes to use for class lectures or
study materials. Photos, illustrations, charts, and tables from
the book are included in the presentations when applicable.
To access supplementary materials online, instructors need to
request an instructor access code. Go to www.pearsonhighered.
com/irc, where you can register for an instructor access code.
▶ REVEL for Criminal Investigation, 3e by Lyman
Designed for the way today’s Criminal Justice students
read, think and learn
REVEL offers an immersive learning experience that engages
students deeply, while giving them the flexibility to learn their
way. Media interactives and assessments integrated directly
within the narrative enable students to delve into key concepts
and reflect on their learning without breaking stride.
REVEL seamlessly combines the full content of Pearson’s
bestselling criminal justice titles with multimedia learning tools.
You assign the topics
Author Explanatory Videos
your s­tudents cover.
Author Explanatory
Videos, application
exercises, and short
quizzes engage students
and enhance their
understanding of core
topics as they p­ rogress
through the content.
Instead of simply
Point/CounterPoint Videos reading about criminal
justice topics, REVEL
empowers students to
think critically about
important concepts by
completing application
exercises, watching
Point/C ounterPoint
xx Preface
Within hours after registering, you will receive a confirming
e-mail, including an instructor access code. Once you have
received your code, go to the site and log on for full instructions
on downloading the materials you wish to use.
Alternate Versions
• eBooks. eBooks This text is also available in multiple eBook
formats. These are an exciting new choice for students look-
ing to save money. As an alternative to purchasing the printed
textbook, students can purchase an electronic version of the
same content. With an eTextbook, students can search the
text, make notes online, print out reading assignments that
incorporate lecture notes, and bookmark important passages
for later review. For more information, visit your favorite
online eBook reseller or visit www.mypearsonstore.com.
• REVEL™ is Pearson’s newest way of delivering our
respected content. Fully digital and highly engaging,
REVEL replaces the textbook and gives students everything
they need for the course. Seamlessly blending text narrative,
media, and assessment, REVEL enables students to read,
practice, and study in one continuous experience—for less
than the cost of a traditional textbook. Learn more at
­pearsonhighered.com/revel.
videos, and participating in shared writing (discussion board)
assignments.
Track time-on-task throughout the course
The Performance Dashboard allows you to see how much time
the class or individual students have spent reading a section or
doing an assignment, as well as points earned per assignment.
This data helps correlate study time with performance and pro-
vides a window into where students may be having difficulty
with the material.
NEW! Ever-growing Accessibility
Learning Management System Integration
REVEL offers a full integration to the Blackboard Learning
Management System (LMS). Access assignments, rosters
and resources, and synchronize REVEL grades with the
LMS gradebook. New direct, single sign-on provides access
to all the immersive REVEL content that fosters student
engagement.
The REVEL App
The REVEL App further empowers students to access their
course materials wherever and whenever they want. With the
REVEL App, students can access REVEL directly from their
iPhone or Android device and receive push notifications on
assignments all while not being tethered to an Internet connec-
tion. Work done on the REVEL app syncs up to the browser
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Visit www.pearsonhighered.com/revel/
 ▶ Acknowledgments
written entirely as a solo effort, and this
No book project was no exception. The prepara-
can be tion of the third edition represents hun-
dreds of painstaking hours maintaining
continuous contact with criminal justice
agencies, federal information clearinghouses, police practitio-
ners, and colleagues in the field of criminal justice. In addition,
to offer the reader the most up-to-date and relevant informa-
tion, it was important to consult libraries, police journals, peri-
odicals, newspapers, government publications, and other
sources of literature germane to the field of crime detection on
an ongoing basis.
Many persons were helpful in the preparation of this book,
including practitioners in the field as well as experts in aca-
deme. Among these, the contributions of certain persons
deserve special recognition. Included are the men and women
of the Missouri State Highway Patrol, agents from the Federal
Bureau of Investigation and Drug Enforcement Administration,
contributors from the Department of Homeland Security and
the International Association of Chiefs of Police.
A special debt of gratitude goes to Detective Michael Him-
mel of the Columbia Police Department (ret.) and Brian Hoey
of the Missouri State Highway Patrol Crime Laboratory, who
both provided a number of crime-scene and laboratory photos
for this new edition. Without the cooperation of these persons
and organizations, this book would not have been possible.
I would also like to thank the reviewers of the third edition
for their comments and suggestions: Peter Curcio, Briarcliffe
College; Scott Donaldson, Tarrant County College NW; Russ
Pomrenke, Gwinnett Technical College; and Gregory Roth,
Kirkwood Community College. A special thank you is also well
deserved for Portfolio Manager Gary Bauer, along with the
many other dedicated publishing professionals at Pearson for
their hard work and support of this text. Finally, I would like to
extend special thanks to those criminal justice academics and
practitioners who painstakingly reviewed the manuscript of this
book. Without the support and assistance of all these people and
many more, this book would not have become a reality. Thank
you all.
—Michael D. Lyman
  Preface xxi
 ▶ About the Author
Michael D. Lyman is a Professor of
Criminal Justice at Columbia College,
located in Columbia, Missouri. In addition
to being a teaching faculty member, he
serves as the program coordinator for the
Master of Science of Criminal Justice Pro-
gram and the founder of the college’s
Forensic Science Program. Before enter-
ing the field of college teaching, he was employed as a certified
police trainer and also served as a sworn criminal investigator
for state police organizations in Kansas and Oklahoma. He has
taught literally thousands of law enforcement officers in the
proper police techniques and methods of professional criminal
investigation. Dr. Lyman has authored numerous textbooks in
xxii Preface
criminal justice dealing with the areas of criminal investigation,
policing, organized crime, drug enforcement, and drug traffick-
ing. He received both his bachelor’s and master’s degrees from
Wichita State University and his Ph.D. from the University of
Missouri–Columbia. He has served law enforcement and legal
communities on over 375 occasions to review criminal investi-
gations and render the results of his evaluations and his opin-
ions in federal court proceedings nationwide.
Textbooks such as this are an ongoing work in progress, and
the author welcomes communication and correspondence about
his work. Dr. Lyman can be contacted at Columbia College,
Rogers Street, Columbia, MO or at mlyman@cougars.ccis.edu.
Thank you for using this textbook.
 1
“Our current system of criminal investigation
is a direct result of what we have learned
and what we have inherited from the past.”

Foundations
of Criminal Investigation

1 Explain the history of criminal investigation.

2 Identify how research affects criminal investigation.

3 Explain the current research in criminal investigation.

4 Discuss the objectives of criminal investigation.

5 Distinguish between inductive and deductive

reasoning.

6 Explain the expanding role of the patrol officer

as criminal investigator.

7 Discuss the solvability factors in a criminal

investigation.

8 Describe the preliminary investigation process.

Arthur Turner/Alamy Stock Photo
 INTRO When Murder Targets the Police
On July 17, 2016, Gavin Eugene Long shot and killed
three Baton Rouge, Louisiana police officers and
wounded three additional officers. This occurred 10 days
after five police officers were shot and killed in Dallas.
On that day, shortly before 8:40 a.m. Long arrived at
Hammond Aire Plaza in Baton Rouge, Louisiana, which
was a shopping complex on Airline Highway. He immedi-
ately began scouting the area in search of police officers.
He first spotted a police patrol vehicle parked at a ­B-Quik
convenience store that belonged to a sheriff’s deputy
who was working security in the area. Long parked his
­vehicle behind an adjacent building, got out, and pre-
pared to shoot, but discovered that the vehicle was
empty. He then drove north and noticed a police officer
washing his vehicle a short distance away, but the officer
left before Long could get close. By 8:40, a call came in
to the police about a suspicious person carrying a rifle
near the plaza.
When officers arrived at the scene, they found Long
behind the Hair Crown Beauty Supply store dressed.
­ At the scene of the shooting, police recovered numerous
He was dressed black and wearing a face mask. Shots
were fired two minutes later. In two more minutes, there
were reports that officers were down.
According to investigators, Long fired upon the first re-
sponding officers, fatally wounding three. One of the
officers was killed trying to help another. Long shot an-
other police officer and then moved to another part of the
complex, where he shot two sheriff’s deputies. The entire
shooting lasted for less than 10 minutes. At 8:46, Long
was reported to be near Benny’s Car Wash. Officers fired
on Long from behind the cover of patrol cars. Eventually,
a SWAT team arrived on the scene. One SWAT officer took
aim at Long from about 100 yards away and killed him
and at 8:48, Long was dead. Responding officers used a
robot to check Long’s body for explosives.
The ensuing investigation of the active shooter was con-
ducted by the Louisiana State Police. Their preliminary
investigation determined that Long was actively target-
ing officers and ignoring civilians. It was also determined
that Long was the only person involved in the shooting.
A preliminary autopsy indicated that in addition to being
The study of criminal investigation involves probing several
different fields at once, and is therefore a difficult task about
which to write. For example, it is important for an investigator to
understand the basic techniques of collection and preservation of
evidence, but to do so, a fundamental understanding of criminal-
istics or forensic science is often required. In addition to technical
▶ The Book’s Theme
Criminal investigation is one of the most charismatic, engaging,
and rewarding endeavors in the field of criminal justice. The
theme of this book is its underlying “true north.” That is, the
premise of the book is that the function of criminal investigation
2 Chapter 1 Foundations of Criminal Investigation
Pool/Getty Images
A Police Officer Bows His Head during Funeral
Services for Baton Rouge Police Officer Matthew
Gerald. Multiple Police Officers Were Killed and
Wounded Five Days Earlier in a Shooting Near a Gas
Station in Baton Rouge.
shot by the SWAT officer, Long suffered multiple other
gunshot wounds.
firearms. These included an IWI Tavor SAR 5.56-caliber
rifle and a Springfield XD 9mm pistol. A third weapon—a
Stag Arms M4-type 5.56-caliber semi-automatic rifle—
was recovered from Long’s rental Malibu. Officials be-
lieved that Long had intentions of attacking the Baton
Rouge police headquarters and continuing to kill officers.
It was also learned that Long was associated with orga-
nizations linked to black separatism and the sovereign
citizen movement.
Whether motivated by anger or hate,
Discuss
the presence of an active shooter in
a public location is one of the greatest
public concerns. Is it possible for police
investigators to proactively predict if and
where an active shooter might be next?
What are some methods or techniques that
could make this a reality?
competence, modern-day investigators must be well versed in the
law. Legal skills include a working knowledge of criminal law,
constitutional law, and rules of evidence, all of which are essen-
tial for successful prosecution of a criminal case. This chapter is
designed to give the reader the underlying essentials of this field
of policing, which is both rewarding and challenging.
is both an art and a science. It calls on the abilities of the most
competent, professional, and hard-working personnel in the
criminal justice field. In order for this to take place, investiga-
tions must be conducted with the understanding that the end
does not justify the means, that integrity and constitutional prin- Robert Peel. The “new” police were England’s first paid, full-
ciples of searching for the truth must be tempered by reason- time police force, consisting of about 1,000 uniformed officers.
ableness and knowledge of the best practices of contemporary In addition, they replaced the old constables, such as the Bow
crime detection. In addition to constitutional considerations, Street Runners, who had ultimately gained a reputation of
investigations must be conducted with regard to requirements incompetency and inefficiency.
of agency policy and a proper sense of what is the right thing to
do under the circumstances. That said, investigations must be The Creation of Scotland Yard
fueled by the understanding that the goal of criminal investiga- For many people, much misunderstanding has existed about the
tion is as much to identify the guilty as to eliminate those who function and role of Scotland Yard. Some believe that it represents
are not, and that investigations are never complete until each and a single police authority in Great Britain. In fact, it is the head-
every credible investigative lead has been properly considered. quarters of London’s Metropolitan Police and has never exerted
any authority over other police organizations in Great Britain.
Although London’s Metropolitan Police was founded in 1829,
it took more than 10 years to organize a detective branch. Even
▶ The History of Criminal then, however, “the Yard” was only a small division within the
Investigation department. The strength of the force was increased in 1867 after
The roots of America’s system an incident in which an explosion occurred when a small group
Learning Explain the history of
Outcomes criminal investigation. of criminal investigation go of Irishmen were trying to free a prisoner from the Clerkenwell
1 back to the towns and cities of House of Detention. Several citizens were killed. A decade later,
England during the eighteenth another reorganization occurred when several senior detectives
and nineteenth centuries. The of Scotland Yard were convicted of corruption charges.
ensuing crime wave forced law enforcement officials to take
drastic measures. As a result, thief catchers were recruited
from the riffraff of the streets to aid law enforcement officials in Criminal Investigation
locating criminals. Two classes of thief catchers were identified: in the United States
(1) hirelings, whose motivations were mercenary in nature; and As the American frontier moved westward during the nineteenth
(2) social climbers, who would implicate their accomplices in century, outlaws posed serious problems in newly settled areas.
order to move up the social ladder. Mining camps and cattle towns seemed to experience more
violence than other areas. The westward migration had moved
men and women far from the institutions that had served them
Criminal Investigation in England previously. Law enforcement agencies and criminal courts, if
During the 1750s, crimes such as burglary and street robbery present at all, made only minor strides in protecting the vast
were rampant in England. Henry Fielding, an author and mag-
istrate, took on the challenge of reducing the profits realized
by criminals. Working relationships were established with local
business owners, in particular pawnbrokers, who were provided
with lists of stolen property. Fielding encouraged them to con-
tact him if any stolen property came to their attention. Field-
ing took seriously his new duty as crime fighter and promptly
employed new crime-fighting methods. One such method was
the appointment of a handful of parish constables acclimated
to night watchman duties. These trackers soon began perform-
ing criminal investigation functions and became well known
as successful thief takers by using their ties with London’s
criminal underworld. Originally called “Mr. Fielding’s People,”
they soon became known as the Bow Street Runners, the first
well-known investigative body in England. Fielding’s runners
were not paid as police officers but rather in terms of thief-taker
rewards, a percentage of all fines resulting from successful
prosecution of thieves.
The Bow Street Runners were forerunners of a trend in
policing for specialization within the police force. In fact, by
Alison Wright/Corbis

1800, the Bow Street Police Office was considered by many to

be the leading law enforcement organization in the area.
The great watershed in British police development occurred
in 1829 with the establishment of the London Metropolitan
Police Department. Officers of the department were dubbed
bobbies after the department’s founder, Home Secretary Sir Modern-Day English “Bobby” Police Officer.

The History of Criminal Investigation 3

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struck Leslie in the face, in the presence of many witnesses. Leslie
appealed to the court, on the strength of an old statute which decreed
death to any one guilty of violence in the presence of the Lords, and
Comrie was apprehended. There then arose many curious and
perplexing questions among the judges as to the various bearings of
the case; but all were suddenly solved by Comrie obtaining a
remission of his offence from the queen.[339]

In this year was published[340] the first intelligent topographical

book regarding Scotland, being ‘A Description of the Western Isles,
by M. Martin, Gentleman.’ It gives accurate information regarding
the physical peculiarities of these islands, and their numberless relics
of antiquity, besides many sensible hints as to means for improving
the industry of the inhabitants. The author, who seems to have been
a native of Skye, writes like a well-educated man for his age, and as
one who had seen something of life in “busier scenes than those
supplied by his own country. He has also thought proper to give an
ample account of many superstitious practices of the Hebrideans,
and to devote a chapter to the alleged power of second-sight, which
was then commonly attributed to special individuals throughout the
whole of Celtic Scotland. All this he does in the same sober
painstaking manner in which he tells of matters connected with the
rural economy of the people, fully shewing 1703.
that he himself reposed entire faith in the
alleged phenomena. In the whole article, indeed, he scarcely
introduces a single expression of a dogmatic character, either in the
way of defending the belief or ridiculing it, but he very calmly
furnishes answers, based on what he considered as facts, to sundry
objections which had been taken against it. But for his book, we
should have been much in the dark regarding a system which
certainly made a great mark on the Highland mind in the
seventeenth century, and was altogether as remarkable, perhaps, as
the witch superstitions of the Lowlands during the same period.
He tells us—‘The second-sight is a singular faculty of seeing an
otherwise invisible object, without any previous means used by the
person that sees it, for that end. The vision makes such a lively
impression upon the seers, that they neither see nor think of
anything else, except the vision, as long as it continues, and then they
appear pensive or jovial, according to the object which was
represented to them.
‘At the sight of a vision, the eyelids of the person are erected, and
the eyes continue staring until the object vanish. This is obvious to
others who are by, when the persons happen to see a vision, and
occurred more than once to my own observation, and to others who
were with me.’
The seers were persons of both sexes and of all ages, ‘generally
illiterate, well-meaning people;’ not people who desired to make gain
by their supposed faculty, or to attract notice to themselves—not
drunkards or fools—but simple country people, who were rather
more apt to feel uneasy in the possession of a gift so strange, than to
use it for any selfish or unworthy purpose. It really appears to have
been generally regarded as an uncomfortable peculiarity; and there
were many instances of the seers resorting to prayers and other
religious observances in order to get quit of it.
The vision came upon the seer unpremonishedly, and in all
imaginable circumstances. If early in the morning, which was not
frequent, then the prediction was expected to be accomplished
within a few hours; the later in the day, the accomplishment was
expected at the greater distance of time. The things seen were often
of an indifferent nature, as the arrival of a stranger; often of a
character no less important than the death of individuals. If a woman
was seen standing at a man’s left hand, it was a presage that she
would be his wife, even though one of the parties might then be the
mate of another. Sometimes several women would be seen standing
in a row beside a man, in which case it was expected that the one
nearest would be his first wife, and so on 1703.
with the rest in their turns.
When the arrival of a stranger was predicted, his dress, stature,
complexion, and general appearance would be described, although
he might be previously unknown to the seer. If of the seer’s
acquaintance, his name would be told, and the humour he was in
would be described from the countenance he bore. ‘I have been seen
thus myself,’ says Martin, ‘by seers of both sexes at some hundred
miles’ distance; some that saw me in this manner, had never seen me
personally, and it happened according to their visions, without any
previous design of mine to go to those places, my coming there being
purely accidental.’
It will be remembered that, when Dr Johnson and Boswell
travelled through the Hebrides in 1773, the latter was told an
instance of such prediction by the gentleman who was the subject of
the story—namely, M‘Quarrie, the Laird of Ulva. ‘He had gone to
Edinburgh, and taken a man-servant along with him. An old woman
who was in the house said one day: “M‘Quarrie will be at home to-
morrow, and will bring two gentlemen with him;” and she said she
saw his servant return in red and green. He did come home next day.
He had two gentlemen with him, and his servant had a new red and
green livery, which M‘Quarrie had bought for him at Edinburgh,
upon a sudden thought, not having the least intention when he left
home to put his servant in livery; so that the old woman could not
have heard any previous mention of it. This, he assured us, was a
true story.’[341]
Martin tells a story of the same character, but even more striking
in its various features. The seer in this case was Archibald
Macdonald, who lived in the isle of Skye about the time of the
Revolution. One night before supper, at Knockowe, he told the family
he had just then seen the strangest thing he ever saw in his life; to
wit, a man with an ugly long cap, always shaking his head; but the
strangest thing of all was a little harp he had, with only four strings,
and two hart’s horns fixed in the front of it. ‘All that heard this odd
vision fell a laughing at Archibald, telling him that he was dreaming,
or had not his wits about him, since he pretended to see a thing that
had no being, and was not so much as heard of in any part of the
world.’ All this had no effect upon Archibald, ‘who told them that
they must excuse him if he laughed at them after the
accomplishment of the vision.’ Archibald 1703.
returned to his own house, and within three
or four days after, a man exactly answering to the description arrived
at Knockowe. He was a poor man, who made himself a buffoon for
bread, playing on a harp, which was ornamented with a pair of hart’s
horns, and wearing a cap and bells, which he shook in playing. He
was previously unknown at Knockowe, and was found to have been
at the island of Barray, sixty miles off, at the time of the vision. This
story was vouched by Mr Daniel Martin and all his family—relatives,
we may presume, of the author of the book now quoted.
Martin relates a story of a predicted visit of a singular kind to the
island of Egg; and it is an instance more than usually entitled to
notice, as he himself heard of it in the interval between the vision
and its fulfilment. A seer in that island told his neighbours that he
had frequently seen the appearance of a man in a red coat lined with
blue, having on his head a strange kind of blue cap, with a very high
cock on the forepart of it. The figure always appeared in the act of
making rude advances to a young woman who lived in the hamlet,
and he predicted that it would be the fate of this girl to be treated in a
dishonourable way by some such stranger. The inhabitants
considered the affair so extremely unlikely to be realised, that they
treated the seer as a fool. Martin tells that he had the story related to
him in Edinburgh, in September 1688, by Norman Macleod of
Graban, who had just then come from the isle of Skye, there being
present at the time the Laird of Macleod, Mr Alexander Macleod,
advocate, and some other persons. About a year and a half after, a
few government war-vessels were sent into the Western Islands to
reduce some of the people who had been out with Lord Dundee.
Major Fergusson, who commanded a large military party on board,
had no thought of touching at Egg, which is a very sequestered
island, but some natives of that isle, being in Skye, encountered a
party of his men, and one of the latter was slain. He consequently
steered for Egg, to revenge himself on the natives. Among other
outrages, the young woman above alluded to was carried on board
the vessel, and disgracefully treated, thus completely verifying the
vision.
An instance of the second-sight, which fell under the observation
of the clever statesman Viscount Tarbat, is related by Martin as
having been reported to him by Lord Tarbat himself. While travelling
in Ross-shire, his lordship entered a house, and sat down on an arm-
chair. One of his retinue, who possessed the faculty of a seer, spoke
to some of the rest, wishing them to 1703.
persuade his lordship to leave the house,
‘for,’ said he, ‘a great misfortune will attend somebody in it, and that
within a few hours.’ This was told to Lord Tarbat, who did not regard
it. The seer soon after renewed his entreaty with much earnestness,
begging his master to remove out of that unhappy chair; but he was
only snubbed as a fool. Lord Tarbat, at his own pleasure, renewed his
journey, and had not been gone many hours when a trooper, riding
upon ice, fell and broke his thigh, and being brought into that house,
was laid in the arm-chair to have his wound dressed. Thus the vision
was accomplished.
It was considered a rule in second-sight, that a vision seen by one
seer was not necessarily visible to another in his company, unless the
first touched his neighbour. There are, nevertheless, anecdotes of
visions seen by more than one at a time, without any such ceremony.
In one case, two persons, not accustomed to see visions, saw one
together, after which, neither ever enjoyed the privilege again. They
were two simple country men, travelling along a road about two
miles to the north of Snizort church, in Skye. Suddenly they saw what
appeared as a body of men coming from the north, as if bringing a
corpse to Snizort to be buried. They advanced to the river, thinking
to meet the funeral company at the ford, but when they got there, the
visionary scene had vanished. On coming home, they told what they
had seen to their neighbours. ‘About three weeks after, a corpse was
brought along that road from another parish, from which few or
none are brought to Snizort, except persons of distinction.’
A vision of a similar nature is described as occurring to one Daniel
Stewart, an inhabitant of Hole, in the North Parish of St Mary’s, in
the isle of Skye; and it was likewise the man’s only experience of the
kind. One day, at noon, he saw five men riding northward; he ran
down to the road to meet them; but when he got there, all had
vanished. The vision was repeated next day, when he also heard the
men speak. It was concluded that the company he saw was that of Sir
Donald Macdonald of Sleat, who was then at Armadale, forty miles
distant.
The important place which matrimony occupies in social existence,
makes it not surprising that the union of individuals in marriage was
frequently the alleged subject of second-sight. As already mentioned,
when a woman stood at a man’s left hand, she was expected to be his
wife. It was also understood that, when a man was seen at a woman’s
left hand, he was to be her future husband. 1703.
‘Several persons,’ says Martin, ‘living in a
certain family, told me that they had frequently seen two men
standing at a young gentlewoman’s left hand, who was their master’s
daughter. They told the men’s names, and as they were the young
lady’s equals, it was not doubted that she would be married to one of
them, and perhaps to the other, after the death of the first. Some
time after, a third man appeared, and he seemed always to stand
nearest to her of the three; but the seers did not know him, though
they could describe him exactly. Within some months after, this
man, who was last seen, did actually come to the house, and fulfilled
the description given of him by those who never saw him but in a
vision; and he married the woman shortly after. They live in the isle
of Skye; both they and others confirmed the truth of this instance
when I saw them.’
The Rev. Daniel Nicolson, minister of the parish of St Mary’s, in
Skye, was a widower of forty-four, when a noted seer of his flock, the
Archibald Macdonald already spoken of, gave out that he saw a well-
dressed lady frequently standing at the minister’s right hand. He
described her complexion, stature, and dress particularly, and said
he had no doubt such a person would in time become the second Mrs
Nicolson. The minister was rather angry at having this story told, and
bade his people pay no attention to what ‘that foolish dreamer,
Archibald Macdonald,’ had said, ‘for,’ said he, ‘it is twenty to one if
ever I marry again.’ Archibald, nevertheless, persisted in his tale.
While the matter stood in this position, it was related to Martin.
The minister afterwards attended a synod in Bute—met a Mrs
Morison there—fell in love with her, and brought her home to Skye
as his wife. It is affirmed that she was instantly and generally
recognised as answering to the description of the lady in Archibald’s
vision.
About 1652, Captain Alexander Fraser, commonly called the Tutor
of Lovat, being guardian of his nephew, Lord Lovat, married Sybilla
Mackenzie, sister of the Earl of Seaforth, and widow of John Macleod
of Macleod. The Tutor, who had fought gallantly in the preceding
year for King Charles II. at Worcester, was thought a very lucky man
in this match, as the lady had a jointure of three hundred merks per
annum![342] The marriage, however, is more remarkable on account
of its having been seen many years before, 1703.
during the lifetime of the lady’s first
husband. We have the story told with all seriousness, though in very
obscure typography, in a letter which Aubrey prints[343] as having
been sent to him by a ‘learned friend’ of his in the Highlands, about
1694.
Macleod and his wife, while residing, we are to understand, at
their house of Dunvegan in Skye, on returning one day from an
excursion or brief visit, went into their nursery to see their infant
child. To pursue the narration: ‘On their coming in, the nurse falls a-
weeping. They asked the cause, dreading the child was sick, or that
the nurse was scarce of milk. The nurse replied the child was well,
and she had abundance of milk. Yet she still wept. Being pressed to
tell what ailed her, she at last said that Macleod would die, and the
lady would shortly be married to another man. Being asked how she
knew that event, she told them plainly, that, as they came into the
room, she saw a man with a scarlet cloak and white hat betwixt them,
giving the lady a kiss over the shoulder; and this was the cause of her
weeping; all which,’ pursues the narrator, ‘came to pass. After
Macleod’s death [which happened in 1649], the Tutor of Lovat
married the lady in the same dress in which the woman saw him.’
The Bishop of Caithness, a short while before the Revolution, had
five daughters, one of whom spoke grudgingly of the burden of the
family housekeeping lying wholly upon her. A man-servant in the
house, who had the second-sight, told her that ere long she would be
relieved from her task, as he saw a tall gentleman in black walking on
the bishop’s right hand, and whom she was to marry. Before a
quarter of a year had elapsed, the prediction was realised; and all the
man’s vaticinations regarding the marriage-feast and company also
proved true.
A curious class of cases, of importance for any theory on the
subject, was that in which a visionary figure or spectre intervened for
the production of the phenomena. A spirit in great vogue in the
Highlands in old times—as, indeed, in the Lowlands also—was
known by the name of Browny. From the accounts we have of him, it
seems as if he were in a great measure identical with the drudging
goblin of Milton, whose shadowy flail by night would thrash the corn
‘That ten day-labourers could not end.’

Among our Highlanders, he presented himself as a tall man. The

servants of Sir Norman Macleod of Bernera 1703.
were one night assembled in the hall of the castle in that remote
island, while their master was absent on business, without any
intimation having been given of the time of his probable return. One
of the party, who had the second-sight, saw Browny[344] come in
several times and make a show of carrying an old woman from the
fireside to the door; at last, he seemed to take her by neck and heels,
and bundle her out of the house; at which the seer laughed so
heartily, that his companions thought him mad. He told them they
must remove, for the hall would be required that night for other
company. They knew, of course, that he spoke in consequence of
having had a vision; but they took it upon themselves to express a
doubt that it could be so speedily accomplished. In so dark a night,
and the approach to the island being so dangerous on account of the
rocks, it was most unlikely that their master would arrive. In less
than an hour, a man came in to warn them to get the hall ready for
their master, who had just landed. Martin relates this story from Sir
Norman Macleod’s own report.
The same Sir Norman Macleod was one day playing with some of
his friends at a game called the Tables (in Gaelic, palmermore),
which requires three on a side, each throwing the dice by turns. A
critical difficulty arising as to the placing of 1703.
one of the table-men, seeing that the issue
of the game obviously must depend upon it, the gentleman who was
to play hesitated for a considerable time. At length, Sir Norman’s
butler whispered a direction as to the best site for the man into his
ear; he played in obedience to the suggestion, and won the game. Sir
Norman, having heard the whisper, asked who had advised him so
skilfully. He answered that it was the butler. ‘That is strange,’ quoth
Sir Norman, ‘for the butler is unacquainted with the game.’ On
inquiry, the man told that he had not spoken from any skill of his
own. He had seen the spirit, Browny, reaching his arm over the
player’s head, and touching with his finger the spot where the table-
man was to be placed. ‘This,’ says Martin, ‘was told me by Sir
Norman and others, who happened to be present at the time.’
Sir Norman Macleod relates another case in which his own
knowledge comes in importantly for authentication. A gentleman in
the isle of Harris had always been ‘seen’ with an arrow in his thigh,
and it was expected that he would not go out of the world without the
prediction being fulfilled. Sir Norman heard the matter spoken of for
many years before the death of the gentleman. At length the
gentleman died, without any such occurrence taking place. Sir
Norman was at his funeral, at St Clement’s kirk, in Harris. The
custom of that island being to bury men of importance in a stone
chest in the church, the body was brought on an open bier. A dispute
took place among the friends at the church door as to who should
enter first, and from words it came to blows. One who was armed
with a bow and arrows, let fly amongst them, and after Sir Norman
Macleod had appeased the tumult, one of the arrows was found
sticking in the dead man’s thigh!
Martin was informed by John Morison of Bragir, in Lewis, ‘a
person of unquestionable sincerity and reputation,’ respecting a girl
of twelve years old, living within a mile of his house, who was
troubled with the frequent vision of a person exactly resembling
herself, who seemed to be always employed just as she herself might
be at the moment. At the suggestion of John Morison, prayers were
put up in the family, in which he and the girl joined, entreating that
God would be pleased to relieve her from this unpleasant visitation;
and after that she saw her double no more. Another neighbour of
John Morison was haunted by a spirit resembling himself, who never
spoke to him within doors, but pestered him constantly out of doors
with impertinent questions. At the 1703.
recommendation of a neighbour, the man
threw a live coal in the face of the vision; in consequence of which,
the spirit assailed him in the fields next day, and beat him so sorely,
that he had to keep his bed for fourteen days. Martin adds: ‘Mr
Morison, minister of the parish, and several of his friends, came to
see the man, and joined in prayer that he might be freed from this
trouble; but he was still haunted by that spirit a year after I left
Lewis.’
Another case in which the spirit used personal violence, but of an
impalpable kind, is related by Martin as happening at Knockowe, in
Skye, and as reported to him by the family who were present when
the circumstance occurred. A man-servant, who usually enjoyed
perfect health, was one evening taken violently ill, fell back upon the
floor, and then began to vomit. The family were much concerned,
being totally at a loss to account for so sudden an attack; but in a
short while the man recovered, and declared himself free of pain. A
seer in the family explained the mystery. In a neighbouring village
lived an ill-natured female, who had had some hopes of marriage
from this man, but was likely to be disappointed. He had seen this
woman come in with a furious countenance, and fall a-scolding her
lover in the most violent manner, till the man tumbled from his seat,
albeit unconscious of the assault made upon him.
Several instances of second-sight are recorded in connection with
historical occurrences. Sir John Harrington relates that, at an
interview he had with King James in 1607, the conversation having
turned upon Queen Mary, the king told him that her death had been
seen in Scotland before it happened, ‘being, as he said, “spoken of in
secret by those whose power of sight presented to them a bloody
head dancing in the air.” He then,’ continues Harrington, ‘did remark
much on this gift.’[345] It is related in May’s History of England, that
when the family of King James was leaving Scotland for England, an
old hermit-like seer was brought before them, who took little notice
of Prince Henry, but wept over Prince Charles—then three years old
—lamenting to think of the misfortunes he was to undergo, and
declaring he should be the most miserable of princes. A Scotch
nobleman had a Highland seer brought to London, where he asked
his judgment on the Duke of Buckingham, then at the height of his
fortunes as the king’s favourite. ‘Pish!’ said 1703.
he, ‘he will come to nothing. I see a dagger
in his breast!’ In time the duke, as is well known, was stabbed to the
heart by Lieutenant Felton.
In one of the letters on second-sight, written to Mr Aubrey from
Scotland about 1693–94, reference is made to the seer Archibald
Macdonald, who has already been introduced in connection with
instances occurring in Skye. According to this writer, who was a
divinity student living in Strathspey, Inverness-shire, Archibald
announced a prediction regarding the unfortunate Earl of Argyle. He
mentioned it at Balloch Castle (now Castle-Grant), in the presence of
the Laird of Grant, his lady, and several others, and also in the house
of the narrator’s father. He said of Argyle, of whom few or none then
knew where he was, that he would within two months come to the
West Highlands, and raise a rebellious faction, which would be
divided in itself, and disperse, while the earl would be taken and
beheaded at Edinburgh, and his head set upon the Tolbooth, where
his father’s head was before. All this proved strictly true.
Archibald Macdonald was a friend of Macdonald of Glencoe, and
accompanied him in the expedition of Lord Dundee in 1689 for the
maintenance of King James’s interest in the Highlands. Mr Aubrey’s
correspondent, who was then living in Strathspey, relates that
Dundee’s irregular forces followed General Mackay’s party along
Speyside till they came to Edinglassie, when he turned and marched
up the valley. At the Milltown of Gartenbeg, the Macleans joined, but
remained behind to plunder. Glencoe, with Archibald in his
company, came to drive them forward; and when this had been to
some extent effected, the seer came up and said: ‘Glencoe, if you will
take my advice, you will make off with yourself with all possible
haste. Ere an hour come and go, you’ll be as hard put to it as ever you
were in your life.’ Glencoe took the hint, and, within an hour, Mackay
appeared at Culnakyle, in Abernethy, with a party of horse, and
chased the Macleans up the Morskaith; in which chase Glencoe was
involved, and was hard put to it, as had been foretold. It is added,
that Archibald likewise foretold that Glencoe would be murdered in
the night-time in his own house, three months before it happened.
A well-vouched instance of the second-sight connected with a
historical incident, is related by Drummond of Bohaldy, regarding
the celebrated Highland paladin, Sir Ewen Cameron of Locheil, who
died at the age of ninety in 1719. ‘Very early that morning [December
24, 1715] whereon the Chevalier de St 1703.
George landed at Peterhead, attended only
by Allan Cameron, one of the gentlemen of his bedchamber, Sir
Ewen started, as it were, in a surprise, from his sleep, and called out
so loud to his lady (who lay by him in another bed) that his king was
landed—that his king was arrived—and that his son Allan was with
him, that she awaked.’ She then received his orders to summon the
clan, and make them drink the king’s (that is, the Chevalier’s) health
—a fête they engaged in so heartily, that they spent in it all the next
day. ‘His lady was so curious, that she noted down the words upon
paper, with the date; which she a few days after found verified in
fact, to her great surprise.’ Bohaldy remarks that this case fully
approved itself to the whole clan Cameron, as they heard their chief
speak of scarcely anything else all that day.[346]
 Predictions of death formed a large class of cases of second-sight.
The event was usually indicated by the subject of the vision
appearing in a shroud, and the higher the vestment rose on the
figure, the event was the nearer. ‘If it is not seen above the middle,’
says Martin, ‘death is not to be expected for the space of a year, and
perhaps some months longer. When it is seen to ascend higher
towards the head, death is concluded to be at hand within a few days,
if not hours, as daily experience confirms. Examples of this kind were
shewn me, when the person of whom the observation was made
enjoyed perfect health.’ He adds, that sometimes death was foretold
of an individual by hearing a loud cry, as from him, out of doors.
‘Five women were sitting together in the same room, and all of them
heard a loud cry passing by the window. They thought it plainly to be
the voice of a maid who was one of the number. She blushed at the
time, though not sensible of her so doing, contracted a fever next
day, and died that week.’
In a pamphlet on the second-sight, written by Mr John Fraser,
dean of the Isles, and minister of Tiree and Coll, is an instance of
predicted death, which the author reports on his own knowledge.
Having occasion to go to Tobermory, in Mull, to assist in some
government investigations for the recovery of treasure in the vessel
of the Spanish Armada known to have been there sunk, he was
accompanied by a handsome servant-lad, besides other attendants.
[347]
A woman came before he sailed, and, through the medium of a
seaman, endeavoured to dissuade him from 1703.
taking that youth, as he would never bring
him back alive. The seaman declined to communicate her story to Mr
Fraser. The company proceeded on their voyage, and met adverse
weather; the boy fell sick, and died on the eleventh day. Mr Fraser,
on his return, made a point of asking the woman how she had come
to know that this lad, apparently so healthy, was near his death. She
told Mr Fraser that she had seen the boy, as he walked about, ‘sewed
up in his winding-sheets from top to toe;’ this she always found to be
speedily followed by the death of the person so seen.
Martin relates that a woman was accustomed for some time to see
a female figure, with a shroud up to the waist, and a habit resembling
her own; but as the face was turned away, she never could ascertain
who it was. To satisfy her curiosity, she tried an experiment. She
dressed herself with that part of her clothes behind which usually
was before. The vision soon after presented itself with its face
towards the seeress, who found it to be herself. She soon after died.
Although the second-sight had sunk so much in Martin’s time,
that, according to him, there was not one seer for ten that had been
twenty years before, it continued to be so much in vogue down to the
reign of George III., that a separate treatise on the subject,
containing scores of cases, was published in 1763 by an educated
man styling himself Theophilus Insulanus, as a means of checking in
some degree the materialising tendencies of the age, this author
considering the gift as a proof of the immortality of the soul. When
Dr Johnson, a few years later, visited the Highlands, he found the
practice, so to speak, much declined, and the clergy almost all
against it. Proofs could, nevertheless, be adduced that there are even
now, in the remoter parts of the Highlands, occasional alleged
instances of what is called second-sight, with a full popular belief in
their reality.

Charles, Earl of Hopetoun,[348] set forth in 1704. Jan. 25.

a petition to the Privy Council, that in his
minority, many years ago, his tutors had caused a windmill to be
built at Leith for grinding and refining the ore from his lead-mines.
In consequence of the unsettling of a particular bargain, the mill had
been allowed to lie unused till now, when it required some repair in
order to be fit for service. One John Smith, 1704.
who had set up a saw-mill in Leith, being
the only man seen in this kind of work, had been called into
employment by his lordship for the repair of the windmill; but the
wright-burgesses of Edinburgh interfered violently with the work, on
the ground of their corporation privileges, ‘albeit it is sufficiently
known that none of them have been bred to such work or have any
skill therein.’ Indeed, some part of the original work done by them
had now to be taken down, so ill was it done. It was obviously a
public detriment that such a work should thus be brought to a stand-
still. The Council, entering into the earl’s views, gave him a
protection from the claims of the wright-burgesses.
 It is notorious that the purity of the Court Feb.
of Session continued down to this time to be
subject to suspicion. It was generally understood that a judge
favoured his friends and connections, and could be ‘spoken to’ in
behalf of a party in a suit. The time was not yet long past when each
lord had a ‘Pate’—that is, a dependent member of the bar (sometimes
called Peat), who, being largely fee’d by a party, could on that
consideration influence his patron.
A curious case, illustrative of the character of the bench, was now
in dependence. The heritors of the parish of Dalry raised an action
for the realisation of a legacy of £3000, which had been left to them
for the founding of a school by one Dr Johnston. The defender was
John Joissy, surgeon, an executor of the testator, who resisted the
payment of the money on certain pretexts. With the assistance of
Alexander Gibson of Durie, a principal clerk of Session, Joissy gained
favour with a portion of the judges, including the president. On the
other hand, the heritors, under the patronage of the Earl of
Galloway, secured as many on their side. A severe contest was
therefore to be expected. According to a report of the case in the
sederunt-book of the parish, the Lord President managed to have it
judged under circumstances favourable to Joissy. The court having
‘accidentally appointed a peremptor day about the beginning of
February 1704 for reporting and deciding in the cause, both parties
concluded that the parish would then gain it, since one of Mr Joissy’s
lords came to be then absent. For as my Lord Anstruther’s hour in
the Outer House was betwixt nine and ten of the clock in the
morning, so the Earl of Lauderdale, as Lord Ordinary in the Outer
House, behoved to sit from ten to twelve in 1704.
the forenoon: for by the 21st act of the
fourth session of the first parliament of King William and Queen
Mary, it’s statuted expressly, that if the Lord Ordinary in the Outer
Houses sit and vote in any cause in the Inner House after the chap of
ten hours in the clock, he may be declined by either party in the
cause from ever voting thereafter therintill: yet such was the Lord
President’s management, that so soon as my Lord Anstruther
returned from the Outer House at ten of the clock, and that my Lord
Lauderdale was even desired by some of the lords to take his post in
the Outer House in the terms of law: yet his lordship was pleased
after ten to sit and vote against the parish, the president at that
juncture having put the cause to a vote.’
The heritors, by the advice of some of the lords in their interest,
gave in a declinature of Lord Lauderdale, on the ground of the
illegality of his sitting in the Inner House after ten o’clock;
whereupon, next morning, the Lord President came into the court in
a great rage, demanding that all those concerned in the declinature
should be punished as criminals. The leading decliner, Mr Ferguson
of Cairoch, escaped from town on horseback, an hour before the
macer came to summon him. The counsel, John Menzies of Cammo,
and the agent, remained to do what they could to still the storm.
According to the naïve terms of the report, ‘the speat [flood] was so
high against the parish and them all the time, that they behoved to
employ all their friends, and solicit a very particular lord that
morning before they went to the house; and my Lord President was
so high upon’t, that when Cammo told him that my Lord Lauderdale,
contrair to the act of parliament, sat after ten o’clock, his lordship
unmannerly said to Cammo, as good a gentleman as himself, that it
was a damned lie.’
Menzies, though a very eminent counsel, and the agent, found all
their efforts end in an order for their going to jail, while a suitable
punishment should be deliberated upon. After some discussion, a
slight calm ensued, and they were liberated on condition of coming
to the bar as malefactors, and there begging the Earl of Lauderdale’s
pardon. The parish report states that no remedy could be obtained,
for ‘the misery at that time was that the lords were in effect absolute,
for they did as they pleased, and when any took courage to protest
for remeid of law to the Scots parliament, they seldom or never got
any redress there, all the lords being still present, by which the
parliament was so overawed that not ane 1704.
[349]
decreit among a hundred was reduced.’
It is strange to reflect, that among these judges were Lord
Fountainhall and Lord Arniston, with several other men who had
resisted tyrannous proceedings of the old government, to their own
great suffering and loss. Wodrow promises of Halcraig, that, for his
conduct regarding the test in 1684, his memory would be ‘savoury.’
The same author, speaking of the set in 1726 as dying out, says he
wishes their places may be as well filled. ‘King William,’ he says,
‘brought in a good many substantial, honest country gentlemen, well
affected to the government and church, and many of them really
religious, though there might be some greater lawyers than some of
them have been and are. But, being men of integrity and weight,
they have acted a fair and honest part these thirty years, and keep
the bench in great respect. May their successors be equally diligent
and conscientious!’[350] Of course, by fairness and honesty, Wodrow
chiefly meant soundness in revolution politics, and steadfast
adherence to the established church.
Another instance of the vigorous action of the Lords in the
maintenance of their dignity occurred in December 1701. A
gentleman, named Cannon of Headmark, having some litigation with
the Viscount Stair and Sir James Dalrymple, his brother Alexander,
an agent before the court, used some indiscreet expressions
regarding the judges in a paper drawn up by him. Being called before
the Lords, and having acknowledged the authorship of the paper, he
was sent to prison for a month, ordered then to crave pardon of the
court on his knees, and thereafter to be for ever debarred from
carrying on business as an agent.[351]
Some letters regarding a lawsuit of William Foulis of Woodhall in
1735–37, which have been printed,[352] shew that it was even then still
customary to use influence with the Lords in favour of parties, and
the female connections appear as taking a large share in the
business. One sentence is sufficient to reveal the whole system. ‘By
Lord St Clair’s advice, Mrs Kinloch is to wait on Lady Cairnie to-
morrow, to cause her to ask the favour of Lady St Clair to solicit Lady
Betty Elphinston and Lady Dun’—the former being the wife of Lord
Coupar, and the latter of Lord Dun, two of 1704.
the judges. Lord St Clair’s hint to Mrs
Kinloch to get her friend to speak to his own wife—he thus keeping
clear of the affair himself—is a significant particular. Lord Dun, who
wrote a moral volume, entitled Advices,[353] and was distinguished for
his piety, is spoken of by tradition as such a lawyer as might well be
open to any force that was brought to bear upon him. The present Sir
George Sinclair heard Mr Thomas Coutts relate that, when a difficult
case came before the court, where Lord Dun acted alone as
‘ordinary,’ he was heard to say: ‘Eh, Lord, what am I to do? Eh, sirs, I
wiss ye wad mak it up.’
 It will be surprising to many to learn that the idea of having
‘friends’ to a cause on the bench was not entirely extinct in a reign
which people in middle life can well recollect. The amiable Charles
Duke of Queensberry, who had been the patron of Gay, was also the
friend of James Burnett of Monboddo, and had exacted a promise
that Burnett should be the next person raised to the bench. ‘On Lord
Milton’s death (1767), the duke waited on his majesty, and reminded
him of his promise, which was at once admitted, and orders were
immediately given to the secretary of state [Conway] to make out the
royal letter. The lady of the secretary was nearly allied to the family
of Hamilton, and being most naturally solicitous about the vote
which Mr Burnett might give in the great cause of which he had
taken so much charge as a counsel, she and the Duchess of Hamilton
and Argyle were supposed to have induced their brother-in-law, Mr
Secretary Conway, to withhold for many weeks the letter of
appointment, and is even supposed to have represented Mr Burnett’s
character in such unfavourable colours to the Lord Chancellor
Henley, that his lordship is reported to have jocosely declared, that if
she could prove her allegations against that gentleman, instead of
making him a judge, he would hang him. This delay gave rise to
much idle conjecture and conversation in Edinburgh, and it was
confidently reported that Mr Burnett’s appointment would not take
place till after the decision of the Douglas cause. Irritated by these
insinuations against his integrity, he wrote to the Duke of
Queensberry, declaring that if his integrity as a judge could be
questioned in this cause, he should positively refuse to be trusted
with any other; and so highly did he resent the opposition made by
the secretary to his promotion, that he took measures for canvassing
his native county, in order to oppose in 1704.
parliament a ministry who had so grossly
affronted him. The Duke of Queensberry, equally indignant at the
delay, requested an audience of his majesty, and tendered a
surrender of his commission as justice-general of Scotland, if the
royal promise was not fulfilled. In a few days the letter was
despatched, and Lord Monboddo took his seat in the court.’[354]

Under the excitement created by the news Feb. 2.

of a Jacobite plot, the zealous Presbyterians
of Dumfriesshire rose to wreak out their long pent-up feelings
against the Catholic gentry of their district. Having fallen upon
sundry houses, and pillaged them of popish books, images, &c., they
marched in warlike manner to Dumfries, under the conduct of James
Affleck of Adamghame and John M‘Jore of Kirkland, and there made
solemn incremation of their spoil at the Cross.
A number of ‘popish vestments, trinkets, and other articles’ having
been found about the same time in and about Edinburgh, the Privy
Council (March 14) ordered such of them as were not intrinsically
valuable to be burned next day at the Cross; but the chalice, patine,
and other articles in silver and gold, to be melted down, and the
proceeds given to the kirk-treasurer.[355]
Notwithstanding this treatment, we find it reported in 1709, that
‘papists do openly and avowedly practise within the city of
Edinburgh and suburbs.’ It was intimated at the same time, that
there is ‘now also a profane and deluded crew of enthusiasts, set up
in this place, who, under pretence to the spirit of prophecy, do utter
most horrid blasphemies against the ever-glorious Trinity, such as
ought not to be suffered in any Christian church or nation.’[356]
Sir George Maxwell of Orchardton, in the stewartry of
Kirkcudbright, having gone over to the Church of Rome, and the next
heir, who was a Protestant, being empowered by the statute of 1700
to claim his estate, his uncle, Thomas Maxwell of Gelstoun, a man of
seventy years of age, came forward on this adventure (June 1704),
further demanding that the young baronet should be decerned to pay
him six thousand merks as a year’s rent of his estate for employing
George Maxwell of Munshes, a known 1704.
papist, to be his factor, and five hundred
more from Munshes himself for accepting the trust.
A petition presented by the worthy Protestant uncle to the Privy
Council, makes us aware that George Maxwell of Munshes, ‘finding
he would be reached for accepting the said factory, out of malice
raised a lawburrows,’ in which Orchardton concurred, though out of
the kingdom, against Gelstoun and his son, as a mere pretext for
stopping proceedings; but he trusted the Lords would see through
the trick, and defeat it by accepting the cautioners he offered for its
suspension. The Council, doubtless duly indignant that a papist
should so try to save his property, complied with Gelstoun’s petition.
[357]

A statute of the Sixth James, anno 1621— Apr. 12.

said to have been borrowed from one of
Louis XIII. of France—had made it unlawful for any tavern-keeper to
allow individuals to play in his house at cards and dice, or for any
one to play at such games in a private house, unless where the master
of the house was himself playing; likewise ordaining, that any sum
above a hundred merks gained at horse-racing, or in less than
twenty-four hours at other play, should be forfeited to the poor of the
district. During the ensuing period of religious strictness, we hear
little of gambling in Scotland, but when the spring was relaxed, it
began to reappear with other vices of ease and prosperity. A case,
reported in the law-books under July 1688, makes us aware, as by a
peep through a curtain, that gentlemen were accustomed at that time
to win and lose at play sums which appear large in comparison with
incomes and means then general. It appears that Captain Straiton,
who was well known afterwards as a busy Jacobite partisan, won
from Sir Alexander Gilmour of Craigmillar, at cards, in one night, no
less than six thousand merks, or £338, 6s. 8d. sterling. The captain
first gained four thousand, for which he obtained a bond from Sir
Alexander; then he gained two thousand more, and got a new bond
for the whole. An effort was made to reduce the bond, but without
success.
Francis Charteris, a cadet of an ancient and honourable family in
Dumfriesshire, and who had served in Marlborough’s wars, was now
figuring in Edinburgh as a member of the beau monde, with the
reputation of being a highly successful gambler. There is a story told
of him—but I cannot say with what truth—that, being at the Duke of
Queensberry’s one evening, and playing with the duchess, he was
enabled, by means of a mirror, or more 1704.
probably a couple of mirrors placed
opposite each other, to see what cards she had in her hand, through
which means he gained from her Grace no less a sum than three
thousand pounds. It is added that the duke was provoked by this
incident to get a bill passed through the parliament over which he
presided, for prohibiting gambling beyond a certain moderate sum;
but this must be a mistake, as no such act was then passed by the
Scottish Estates; nor was any such statute necessary, while that of
1621 remained in force. We find, however, that the Town Council at
this date issued an act of theirs, threatening vigorous action upon the
statute of 1621, as concerned playing at cards and dice in public
houses, as ‘the occasion of horrid cursing, quarrelling, tippling, loss
of time, and neglect of necessary business—the constables to be
diligent in detecting offenders, on pain of having to pay the fines
themselves.’ Perhaps it was at the instigation of the duke that this
step was taken.
From Fountainhall we learn that, about 1707, Sir Andrew Ramsay
of Abbotshall lost 28,000 merks, to Sir Scipio Hill, at cards and dice,
and granted a bond upon his estate for the amount. This being in
contravention of the act of 1621, the kirk-treasurer put in his claim
for all above 100 merks on behalf of the poor, but we do not learn
with what success.

Sir Thomas Dalyell of Binns—grandson of July 4.

the old bearded persecutor of the times of
the Charleses—had for a long time past been ‘troubled with a sore
disease which affects his reason, whereby he is continually exposed
to great dangers to his own person, by mobs, and others that does
trouble him.’ It was also found that ‘by the force of his disease, he is
liable to squander away and dilapidate his best and readiest effects,
as is too notourly known.’ Such is the statement of Sir Thomas’s
nephew, Robert Earl of Carnwath; his sister, Magdalen Dalyell; and
her husband, James Monteith of Auldcathie, craving authority, ‘for
the preservation of his person and estate, and also for the public
peace,’ to take him into custody in his house of Binns, ‘till means be
used for his recovery;’ likewise power to employ a factor ‘for uplifting
so much of his rents as may be necessar for his subsistence, and the
employing doctors and apothecaries, according to the exigence of his
present condition.’
The Council not only granted the petition, but ordained that the
petitioners might order up a soldier or two at any time from
Blackness, to assist in restraining the 1704.
unfortunate gentleman.