Guilty Innocent
Time.com
Friday, Mar. 01, 1963
One night in 1943, London police on robbery detail stopped a seedy
little man for routine questioning and seemed to have stumbled on the
solution of a murder in Portsmouth, 65 miles away. Harold Loughan—a
brash habitual criminal—volunteered the information that he had crept
into the rooms above the John Barleycorn pub three weeks before and, in
committing a robbery, had strangled to death the pub's owner, Rose
Robinson. "It's a relief to get it off my mind," he told the police. "I
didn't mean to kill the old girl, but you know what it is when a woman
screams."
Confession v. Alibi.
When the details of the confession checked out in Portsmouth, Loughan
was charged with murder. "I felt confident that I could not lose the
case even if I conducted it standing on my head," recalls Joshua David
Casswell, who was the prosecutor in the court proceedings that followed.
But to Casswell's chagrin, Loughan dismissed his confession as the kind
of casual lie he enjoyed telling the police, claimed he spent the night
of the murder sheltered from the blitz in London's Warren Street subway
station—and produced five independent witnesses to prove it. "This is
the most extraordinary case I've ever known," said the judge. "On the
one hand a full confession, and on the other an unshakable alibi." The
jury, equally puzzled, could not reach a verdict.
In a retrial, Loughan was acquitted. He was still
gloating when arrested on the steps of Old Bailey for another robbery
and, after his 24th conviction, sent to prison for seven years.
That might have been the last anybody heard of little
Harold Loughan if The People, a sensational London Sunday newspaper, had
not printed the memoirs of Prosecutor Casswell. In one installment,
Casswell claimed that Harold Loughan would have been convicted if all
the evidence had been heard. Loughan, now 66 and in jail as usual, sued
for libel, claiming he had been called a murderer despite his official
innocence.
Murder or Libel. The newspaper's lawyer argued that
even if the articles did amount to calling Loughan a murderer, truth is
a defense against libel, and Casswell had finally shown that Loughan had
indeed murdered Rose Robinson 19 years ago. For eleven days the jury
heard evidence of the old murder—with Loughan still protesting his
innocence. "You are asked to try again a murder in the guise of a libel
action," his lawyer complained to the jury. Last week the jury returned
its verdict: The People was not guilty of libel because Loughan was
guilty of the murder.
Loughan, of course, cannot be tried again for the
same crime. If the jury was correct, he had cheated the gallows. But
that was little comfort to Harold Loughan. After the trial he was
returned to the prison hospital where, after spending 23 of his 66 years
behind bars, he awaits death from inoperable cancer.