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The Case of the Earl of Erroll.
Julian Fellowes examines the 1941 murder of the Earl of Erroll in colonial Kenya. Starring: Michael Fassbender, Christina Cole, David Schofield, David Calder, Stella Gonet.
The Case of the Earl of Erroll.
Julian Fellowes examines the 1941 murder of the Earl of Erroll in colonial Kenya. Starring: Michael Fassbender, Christina Cole, David Schofield, David Calder, Stella Gonet.
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Short filmTranscript
00:08On the 24th of January, 1941, the body of Jocelyn Hay, the 22nd Earl of Merrill, was discovered in the
00:17early hours of the morning at a deserted crossroads in the Kenyan capital of Nairobi.
00:23Found slumped in his car with a single bullet wound to the head, his murder would send shockwaves through Kenya's
00:30notorious Happy Valley set, a colonial community made up of aristocracy and society's wealthy elite.
00:39You have all these figures who are all assembled there because for one reason or another, none of them are
00:46in a position to hack it back in Britain.
00:48Who had killed him? And what reason did they have for wanting him dead?
00:54There were stories about him having mothers and daughters on billiard tables.
00:58It was in trying to get to the bottom of this crime that the lid was lifted on how this
01:03African outpost of the British Empire had become a playground for royalty and the aristocracy, notorious for its lethal mix
01:12of drink, drugs and sex.
01:16This was a seriously racy, seriously naughty place.
01:20With the drug addictions, the morphine, the cocaine, with the alcohol, with the wife swapping.
01:26To this day, the murder of the Earl of Errol has officially remained unsolved, with his killer escaping justice and
01:35the death penalty.
01:36But there are those who believe they have uncovered new hard evidence that proves exactly who it was that murdered
01:43the Earl of Errol.
01:44I've kept them at home here because they're quite inflammatory.
01:48What's said on the tapes, it does name somebody as implicated in the murder.
02:18What's said on the tapes, it does name somebody as implicated in the murder.
02:23Just how did the 22nd Earl of Errol come to be found shot dead in his car on a remote
02:30road in the Kenyan capital?
02:33Known for his lavish party lifestyle, sexual promiscuity and countless infidelities, the Earl was no stranger to making enemies.
02:42Could it have been one of the wealthy women whose money he had frittered away, an obsessed former lover, or
02:50perhaps the husband of one of the many wives that Errol had seduced?
02:58Jocelyn Victor Hay was the 22nd Earl of Errol, one of Scotland's most distinguished titles.
03:06Educated at England's prestigious Eton College, Hay carved a controversial image from a young age and was expelled from school
03:14after only two years of attendance.
03:17His father held the post of High Commissioner in Berlin, and Jocelyn was expected to follow in his footsteps and
03:24seek out a political career.
03:27It's hard to think of a better connected person in British society than the Earl of Errol.
03:31The Errol family are an incredibly old family.
03:35As the High Constables of Scotland, this honorific title they hold, they've been walking immediately behind the monarch in coronations
03:42since 1315.
03:44That's 600 years at the very apex of British society.
03:48And in the form of Jocelyn Hay, the Earl of Errol, in this story, you've got the very embodiment of
03:54the louche, glamorous figure.
03:58He'd had a very checkered school career, and subsequently he was a very wild child, wild young man, into women,
04:08and his family didn't really want him around.
04:12At the age of 22, Errol had become infatuated with a wealthy married woman, several years his senior.
04:20In 1923, the Earl of Errol married a most unsuitable woman, Lady Adina Sackville, who'd been married twice before.
04:29Very attractive and very experienced, twice married, older than him.
04:36The couple scandalized English society, they weren't welcome at Royal Ascot, they weren't really welcome anywhere.
04:43Finding themselves ostracized, the couple looked for ways to escape the judgmental eyes of British society.
04:50So when the opportunity arose, they jumped at the chance to start a new life abroad.
04:58Supposedly in her divorce settlement, she was getting half of a 2,500 acre farm that she was going to
05:06move back to, to the Kenya colony.
05:08And so I should think that was rather an attractive proposition for him.
05:15If you had divorced twice, you couldn't basically stay in the United Kingdom.
05:18So, where's the obvious choice? Go to the colonies.
05:21What's the best place to go? Well, Happy Valley.
05:25So that's where this couple end up.
05:30Errol and Lady Adina moved to Kenya in 1924.
05:34As he was penniless at this time, the move was financed entirely by Adina.
05:40Before long, the pair were enjoying all the trappings that Kenya had to offer,
05:45and was soon well established among the notorious community of expats known as the Happy Valley Set.
05:54Happy Valley was a name given to a very remote valley in the Aberdeer Mountains called the Wanjohi Valley.
06:02Happy Valley Set was a group of mainly aristocratic people.
06:07It is this sort of kind of enclave at the time of Britishness.
06:13And it's therefore, it's a place where you have all these figures, these very loose figures like Errol,
06:20who are all assembled there, because for one reason or another,
06:24none of them are in a position to hack it back in Britain.
06:29Well, it was Adina mainly who threw the wild parties, which they went to,
06:34which were sort of orgies of drugs and swapping husbands and wives and alcohol.
06:40And so her parties were infamous.
06:48Happy Valley, as it became known, is roughly a hundred miles from the Kenyan capital of Nairobi.
06:54Here, Errol and Adina built a house which they named Slanes after his family castle in Scotland.
07:02Juliet Barnes is a Kenyan-born author who grew up surrounded by the stories and legends of the wild parties
07:10that took place here.
07:13So this is Slanes.
07:16Idina began her Happy Valley parties here.
07:19So this was where they swapped partners and took drugs and drank too much and everything got a bit out
07:24of hand.
07:25Most of the house has now been lost to time and the elements.
07:29But the stories of what took place here have still managed to survive.
07:35I dare say everybody arrived with a few crates of champagne and Idina probably got the booze and drugs in
07:41beforehand.
07:43This would have been a long front room with fireplaces, which would have been the living room and the dining
07:48room at that end.
07:49And her bedroom would have been this side, where all the honeysuckle is, and there would have been a bathroom
07:55here.
07:56And this is where she apparently had a green onyx bathtub in the centre of the room, which was the
08:04beginning of the evening's games.
08:06She would take her bath and she'd invite her guests in for cocktails and they'd all sit round while she
08:11took her bath.
08:12So that was the warming up for the night ahead.
08:15Errol and Idina became infamous for the parties they threw at Slanes, which were known for their abundance of alcohol,
08:23drugs and sexual freedom.
08:26Some of the most regular guests there were the likes of Countess Alice de Genze, Molly Ramsey Hill and Dickie
08:33Pembroke.
08:35If these walls could talk, I should think what they say would be X-rated.
08:40Apparently there weren't any roof partitions, there weren't any ceilings, so you could kind of hear everything that went on
08:47in these old houses.
08:49Nothing was very private, which is quite a frightening thought considering the sort of parties they got up to.
08:56One of the highlights of their parties were the games that Idina would insist on playing.
09:04Lady Idina had almost complete sexual control over the Happy Valley set.
09:09And she did it through playing this game with a feather.
09:12She just had this very light, small feather which she'd hold on her hand,
09:16she'd stand in the middle of a circle and she'd just blow the feather into the air.
09:23And whichever way that feather blew and landed, whoever's feet had ended up,
09:28that's the person she would sleep with that night.
09:33Idina was the ringmaster of the Happy Valley sets, that was her role.
09:39In many ways it's just kind of like a 1970s, you know, spin the bottle or khaki game.
09:43But of course, this is Happy Valley and everyone there is in black tie, they're good looking, they're glamorous, they're
09:49rich.
09:50So therefore it seems far more glamorous and kind of not quite as seedy as one might imagine.
09:59The Happy Valley set had started to become known for their hedonism and complete disregard for the strict moral rules
10:07of polite society.
10:09I think they were very self-absorbed as well and very few of them actually did anything serious like farming.
10:15It was all about having a good time, the next party, drinking, dancing and that was their life.
10:21It was said famously that there were three vices that all the Happy Valley sets succumbed to.
10:27Altitude, alcohol and adultery.
10:31And people like Errol did all that in spades.
10:34Errol had garnered a reputation for sleeping with other men's wives.
10:39A habit that would go on to have fatal consequences.
10:43This was a seriously racy, seriously naughty place.
10:47By day, you'd be playing polo.
10:49By night, you'd be sleeping with your friend's wife.
10:52You'd be beating your servants.
10:54You might be injecting yourself with cocaine.
10:56You'd be getting rip-roaringly drunk.
10:58And you would be burning down the piano in the club because you'd once heard that Jews might be admitting
11:03to it.
11:07I think the Happy Valley set were notorious because they were so unashamed about the wife swapping, certainly.
11:14And I don't think it was just wife swapping.
11:16With the Earl of Errol, I think he had anything that moved if she was rich enough and slightly older
11:22than he was.
11:24You know, there were stories about him in the Mutega Club, the social club in Nairobi,
11:29that he was having mothers and daughters on billiard tables.
11:31This would not go down well at government house in Nairobi.
11:36And Edina was blacklisted several times, you know, that she wasn't welcome in certain places that were classed as quite
11:44respectable.
11:46The majority of people in the colony were just trying to get on with farming and worked really hard and
11:51thoroughly disapproved them.
11:53They were quite different from the rest of the British in Kenya.
11:57Farming in Africa is a very difficult business and a lot of farmers went broke in the Depression and it
12:03was a very hard life.
12:05Farmers worked hard, vets, school teachers, engineers, all sorts of British worked very hard and they tended to look askance
12:12at all these people known as veranda farmers,
12:16people who just sat on the veranda and never actually did anything and they were not liked at all for
12:20that reason.
12:25But endless parties and keeping up with that kind of lifestyle wasn't cheap and the Earl quickly ran up debts.
12:33His wife, Edina, also believed that her husband had been cheating her out of money and divorced him in 1930.
12:41Errol's first marriage to Edina broke up because he was a terrible womanizer and he spent all her money and
12:49after a bit she got fed up with it.
12:52I mean, I think it was actually not entirely his fault. She got utterly fed up with his philandering, but
12:59she was doing the same.
13:02And, you know, she was very, as they said, handy with the needle.
13:07You know, they were importing and taking cocaine and it was quite a drug-fuelled society that that little group
13:16had.
13:18I think it's fair to say that Edina split from Joss Errol rather than vice versa.
13:26She said that she could forgive affairs, but what she couldn't really forgive was him falling in love.
13:33And he fell in love with a married lady.
13:36And it was all very public and would have been quite humiliating to somebody like Edina Errol, who was a
13:43very beautiful woman.
13:47But it didn't take him long to find comfort and financial support elsewhere.
13:52He soon married Molly Ramsey Hill, a wealthy divorcee and fellow member of the Happy Valley set.
13:58Together they continued their lifestyle of promiscuity and decadent excess.
14:07He married Molly Ramsey Hill, I think, for her money, because he was actually running short of funds at the
14:13time.
14:13But he didn't find her a satisfactory or particularly attractive wife.
14:19She wasn't particularly beautiful. He liked beautiful women.
14:22So it was a very unhappy marriage that way.
14:26It was apparent, almost from the moment that the Earl of Errol married Molly Ramsey Hill, that it wasn't going
14:35to go well.
14:36You know, she was a wealthy woman, that he went after wealthy women.
14:40He had to because he didn't have too much capital himself.
14:44The fact that he drained her money in a very short time.
14:49The fact that she drank and was seen to drink herself stupid.
14:53And also take heroin.
14:55It's a very extreme response to your husband treating you badly.
15:00But he must have treated her very badly.
15:05She wanted to give birth to a new Earl.
15:08She couldn't do that, so she took to drink and drugs.
15:11And Earl got so fed up that he told the house servants to give her all the drink she wanted
15:16in the hope that she might die.
15:20And the sad thing is, in August 1939, she did die of drink and drugs.
15:29The doctor said that her room smelled of vomit and champagne, which is probably quite indicative of the Happy Valley
15:38set.
15:39You know, there is the glamour that we all adore, the champagne.
15:43And then there's really the quite seamy side that was most unpleasant.
15:53Single once again, Lord Earl turned his attentions to another married woman.
15:58The wife of a fellow peer and newest member of the Happy Valley set, Sir Jock Delves Broughton.
16:06Jock Broughton was a hereditary baronet.
16:09Old Etonian, ex-guards officer, very rich and immensely stupid.
16:15He was an old man of 58 when he fell in love with Diana Caldwell, who was a young blonde
16:21in her 20s.
16:24Lady Diana Delves Broughton was a beautiful divorcee who had met Sir Jock in South Africa before moving with him
16:31to Kenya.
16:34He was entranced by her youth and good looks.
16:38She was impressed equally by his money, and it was a marriage that was never going to last.
16:46She, of course, was coming along as his pretty young wife, coming along for the ride.
16:50But Diana was said to be a bit of a fortune seeker, and a title seeker.
16:59I would imagine that Diana Caldwell saw in Jock, she saw pound signs in her eyes.
17:05Perhaps wanted the title, wanted to be Lady Delves Broughton, which she became.
17:12Diana had first met Errol at the Muthaga Club, an exclusive country club in the heart of Nairobi.
17:19They were introduced by Sir Jock himself, and it was an instant attraction, the start of a series of events
17:26that would result in Errol's murder.
17:31Diana's affair with Errol almost starts as soon as these two meet each other.
17:36Diana says at that meeting, I was suddenly aware that I'd instantly become the most important thing in his life.
17:42So it was obvious that they had immense physical attraction towards each other.
17:47He sidled up to she and said, who's going to tell Jock, you or me?
17:52And this was before they'd even danced, touched, kissed, anything at all.
17:59Errol soon set about trying to seduce Lady Diana, and it didn't take long for her to succumb to his
18:05advances.
18:06They were soon involved in an illicit affair.
18:11And so they start this very, very passionate relationship that Sir Jock, Diana's husband, is 100% aware of.
18:19Now, under the mores of the time, you could have an affair in Happy Valley with someone else's husband or
18:24wife,
18:25but what you shouldn't do is rub the third party's nose in it.
18:29You know, the gentlemanly or ladylike polite thing to do would be to do it discreetly.
18:33Everyone knows it's going on, but don't show off about it.
18:38Sir Jock was being publicly humiliated by his young wife and her new lover.
18:44However, before their marriage, Jock had agreed to a rather unusual arrangement with Diana.
18:54He was a rich old man. She was young.
18:56And so he agreed with her that if she fell in love with a younger man,
19:02he wouldn't stand in the way of a divorce,
19:05and he would provide her with an income of £5,000 a year,
19:10which was an enormous sum at the time, for seven years.
19:14It was almost as if he was simply paying her while she was on his arm
19:20to be his attractive young wife in tow.
19:24And it may be that he made that offer in order to persuade her to marry him in the first
19:29place.
19:32Not only was Sir Jock losing his wife to a younger man,
19:36but he was going to have to pay her for the privilege.
19:39But true to his word, Sir Jock did not stand in that way.
19:47Jock Delves Broughton had suffered many humiliations already,
19:51you know, bearing in mind he'd only been married for about two months to Diana.
19:54He'd had, you know, anonymous notes posted at the Mutega Club
19:57saying there's no fool like an old fool.
20:00So you can do one of two things.
20:02You can either put on a brave face and pretend to support this, you know, catastrophe actually for him,
20:08that the marriage had broken up in a couple of months.
20:11Or you could behave as any red-blooded male would and, you know, ask Joss Harrell for a duel.
20:18He chose the former. He chose to put on a brave face.
20:24Jock was an enormous fan of horse racing.
20:27And he would use a horse racing metaphor to describe the fact that he had lost Diana to Errol.
20:33He said, I'll cut my losses.
20:35He knew that physically, and probably in bed, he could not compete with Errol
20:41and could not bring Diana the sexual satisfaction she clearly desired and received from Errol.
20:47Jock was aware of this, knew his own shortcomings in that department,
20:51and decided to try and do the gentlemanly thing.
20:55On the night the Earl of Errol died, Errol, Broughton, Lady Broughton and June Carberry
21:02all had dinner together in the Mutega Club, as if nothing awful was happening.
21:08And Jock made a toast, saying to Joss and Diana,
21:13I wish them every happiness in the future and may their union be blessed with an heir.
21:29The end of the dinner in the Mutega Club, Broughton and June Carberry stayed on at the club to drink.
21:35And that's odd in itself, because Broughton wasn't usually a drinker.
21:39Errol and Lady Broughton went off to a nearby Nairobi nightclub to go dancing, because she loved dancing.
21:47And it was agreed that after the evening was over, the Earl of Errol would drive Diana back to Broughton's
21:55house in the Nairobi suburb of Caron.
22:00Errol is as good as his word, and brings Diana back by half past two in the morning.
22:11Errol drove Diana back home and escorted her into the house.
22:16After saying his goodbyes, he returned to his car to make the journey back.
22:23What happened next has never been fully explained.
22:27All that is known for certain is that early the next morning, a local dairy worker made a shocking discovery
22:33at a remote crossroads just two miles from Sir Jock and Diana's house.
22:46It was Lord Errol. His body slumped inside the car with what seemed to be a bullet wound to the
22:52side of his head.
22:57The police were called to the scene, but they found no witnesses.
23:02And what little forensic evidence there was had been lost to a series of mistakes during their recovery.
23:12I think that there was quite a botched situation.
23:17They took the car into a garage in Nairobi, by which time everybody's fingerprints were upon it.
23:24A lot of evidence had been destroyed all around the car scene, everybody's footprints.
23:31It's really important for a crime scene to be left untouched, because anybody that goes into it could alter it
23:37and could change the evidence for the investigators to look at later in the future.
23:43All that now remained of the evidence were the bullets from the .32 caliber murder weapon,
23:48gunpowder residue on Errol's face, and a series of scuff marks in the back of the car.
23:55They were the Kenyan police, and they were dealing with a colonial murder of an Earl.
24:00And so there would have been certain protocols not stepping on certain feet,
24:05and it would have been incredibly sensitive for the Kenyan police to be, you know,
24:10sort of sticking their noses into a world that the white settlers would have said was above them.
24:23Due to the press attention that the crime received, the police were under increasing pressure to find the murderer.
24:30But surprisingly, the first suspect to be investigated was not Sir John,
24:36but one of Errol's former lovers, Alice de Jonze.
24:41Alice de Jonze was a most interesting character, a very glamorous young American married to a French Count.
24:48She was a friend of Idina and Joss, and she and her first husband, Count Frederick de Jonze,
24:56came out to visit Idina and Joss, and decided they liked the Happy Valley lifestyle so much,
25:03or Alice certainly did. I think he was more of a respectable Count.
25:06But Alice loved all the wild parties and everything, and they bought a small farm,
25:11on Wonjohi Farm, not far away from Slanes, where Idina and Errol were.
25:18Alice de Jonze was called the Wicked Madonna by the Happy Valley set,
25:23and by their standards, that's really saying something.
25:27In what is now a school in the Kenyan town of Gilgil,
25:31stands all that is left of Alice de Jonze's former house.
25:35But back when Alice lived here, you would have got a very different kind of education.
25:43Alice and her husband, Count Frederick de Jonze, lived here while they were building the main house.
25:49It would have been wild parties. Alice, Alice did drugs quite seriously.
25:55But she was obviously a great party animal, and probably like Idina,
26:01I think she was quite cultured and well-read and good conversation and good fun.
26:07Her biographer certainly says there was a very manic depressive side to her,
26:12and she used to get very unhappy, very black moods.
26:20Local conservationist Solomon Gittau grew up on Alice's farm.
26:25He knew many of her servants and remembers the stories that they told him about what happened at the house.
26:33He is in no doubt that Alice de Jonze was Lord Errol's murderer.
26:40To me, she is the first suspect. I think about that because Alice was very jealous.
26:50And one day Alice was very upset. I don't know the reason why she was upset about it.
27:00And when she was in the kitchen, she started complaining about Laudelle and said,
27:11One day, one day, I shall kill him.
27:17Suspicion first fell on Alice when she was reported to have acted very strangely when viewing Errol's body at the
27:25mortuary.
27:26Alice did something very unusual after Errol's death.
27:30She went to the morgue to view his body.
27:34She kissed Errol's on the lips.
27:38And told him now he was hers forever.
27:42I think probably that helped to make her a suspect.
27:46But the police's main reason for questioning Alice was that it would not have been the first time she had
27:52shot someone.
27:55Alice de Jonze was pulled in for one very simple reason.
27:59She had previous.
28:00A few years before, she had got out a pistol in the Gare du Nord in Paris and shot her
28:07lover and also shot herself in the stomach.
28:10Now, neither of them died.
28:12But it was clear that this was a woman who was very happy to shoot people.
28:18Countess de Jonze had made headlines around the world for the shooting of her lover, Raymond de Trafford.
28:24Raymond survived and Alice was handed a suspended sentence on the grounds of her diminished mental state.
28:31That previous conviction alone was enough to put her in the frame.
28:35Could Alice have been responsible for Errol's murder?
28:40She admitted that she had done the deed and she also wrote in the flyleaf of a book that she
28:45had done it.
28:46But she was a bit addled at the time and I don't think the police believed her.
28:53They didn't see how she could have been at the scene of the crime at the corner and shot him.
28:58And how did she know when he would be passing by in the car and how would she get there?
29:03So I think they just dismissed it as insubstantial evidence not to be trusted.
29:12The investigation into Alice de Jonze ceased when she was able to provide an alibi.
29:18The focus of the investigation was then swiftly moved to Sir Jock Broughton.
29:27Bearing in mind it was, I think, seven weeks after the Earl was shot that Jock Delves Broughton was arrested
29:35and charged with the murder,
29:38which seems to be an inordinately long time to come to the obvious suspect.
29:42Because various members of the Happy Valley sect did blab, you know, and did say that he didn't take it
29:50quite as well as people expected or people thought that he took to his wife being stolen by the Earl
29:57of Errol.
29:58So I'm only surprised he wasn't arrested immediately.
30:03Sir Jock was taken into custody and tried for the murder of Lord Errol.
30:06During the proceedings, his defence argued that June Carberry had stayed at Sir Jock's house that night and confirmed that
30:15she had seen him at home at 3.30am just one hour after the murder had taken place.
30:24They also tried to suggest that Jock had hidden in the back of the car and shot Errol and then
30:30walked back and it's actually quite a distance to walk.
30:34They brought in a lot of medical evidence about how it would have taken him two hours to walk back
30:39to the house.
30:41Plus, if June Carberry is to be believed, he was very drunk that night. So it's all just so unlikely.
30:53Unable to place him at the scene of the crime, the prosecution now needed to link Sir Jock to the
30:58murder weapon.
31:00He had reported the theft of two of his revolvers two days before the murder without any sign of a
31:08break-in at his house, which suggested to the police that he may have been setting up an alibi for
31:14why he didn't have the gun anymore.
31:17The prosecution went back to the evidence recovered from the crime scene and tried to make a match.
31:22The police case against Jock Broughton rested on one crucial thing, which was that the bullet that had killed the
31:33Earl of Errol matched the striation marks that showed up on other bullets that had been fired from Broughton's gun
31:42previously.
31:42The police had picked up some old bullets that Broughton had fired and they had compared them and they were
31:48convinced that the marks were the same and therefore it was Broughton's gun that had killed Errol.
31:58But the prosecution were no match for Sir Jock's experienced legal team.
32:04Morris, the lawyer that Diana had fired to defend Jock was a ballistic expert.
32:12Broughton's lawyer was able to prove in court that the bullet that killed Errol had not come from any coat
32:20revolver.
32:22The case collapsed and he walked from court a free man.
32:33To this day, no one has ever been convicted for the murder of the Earl of Errol and the case
32:39remains unsolved.
32:41There was one person, however, who claimed they knew exactly who had done it.
32:47Juanita Carberry was just 15 years old at the time of the murder.
32:51She was the stepdaughter of June Carberry, one of Jock's and Diana's close friends, who was with them at the
32:58Muthaika Club the night of the murder.
33:01She claims to have visited Jock with her stepmother June on the day that Errol's body was discovered.
33:08Juanita was left with Jock and apparently she asked him if he wanted to go and see her horse.
33:13When she was taking him to see her horse, he confessed to her that he had actually done the crime.
33:22But apparently when June Carberry found out about this, she swore Juanita's a secrecy.
33:29She did seem absolutely genuine about it. I couldn't see why she was making it up.
33:35But Juanita also witnessed something else that day.
33:40The story about Jock Delves Broughton lighting a bonfire at home the morning after the Earl of Errol had been
33:48found.
33:49She said that she went into the garden and saw Jock burning these white plimsels on a fire in the
33:57garden.
34:00What reason did Jock have for wanting to destroy a pair of his shoes?
34:06The evidence they gathered was that in the back of the car there were a lot of white scuff marks.
34:15Now, people wore what we used to call tackies, which were white plimsels, and we used to make them white
34:20with blanco, which scuffed off on any surface actually.
34:24You'd get white scuff marks. They found a lot of those in the back of the car.
34:29If we take a white sports shoe and mark it on leather, quite often it'll leave a white mark on
34:36the leather itself.
34:37So we'd advise people investigating the crime scene that there may well have been some shoes with shoe whitener present
34:43at the crime scene.
34:48If those were Sir Jock's shoes that made the scuff marks in the back of Errol's car, surely it proves
34:55that he was indeed the murderer.
34:57But what about his defense in court, which conclusively proved that he would not have had time to shoot Errol
35:04and walk back to his house by 3.30 a.m.?
35:08Christine Nichols is an author who grew up in Kenya in the 1940s.
35:13Christine began looking into the murder for a book she was writing, and her research turned up an unexpected piece
35:19of evidence.
35:22The new information that came up was in the tape of Dan Trench.
35:27Maxwell Trench had told his son Dan that he knew about the murder.
35:33Dan Trench was born in Kenya in 1919.
35:37His parents were close friends with June Carberry, who had apparently divulged to Dan's father exactly what had happened that
35:45night.
35:48Two tapes here, the originals.
35:51Well, I've kept them at home here because they're quite inflammatory, what's said on the tape.
35:57Well, Dan claims that his father had told him that Delves Broughton had had a lift back from the murder
36:07scene to his house, and that the chap who had given him the lift was an ear, nose, throat and
36:13eye specialist in Nairobi called Athen Philip, who lived nearby.
36:20Dan Trench gave the interview in 1986 on the agreement that it would only be released after his death.
36:33Dan Trench gave the interview in 1986 on the agreement that it would only be released after his death.
36:50The murder took place just over two miles from Broughton's home.
36:56Broughton in court pointed out that he was an old man and had a walking problem.
37:01He claimed that he couldn't possibly have shot Errol and then walked all the way home and been in bed,
37:08and that it was just physically impossible.
37:11He did a job. He didn't look back, but it was a stuff.
37:15He was driving and just jumping at the back and he was back in a hat.
37:19So that's the alibi?
37:21You and I are the only people in the world who know that.
37:25So that means that Delves Broughton definitely did do it, and he did it himself?
37:29Yes. It's a secret.
37:34I promise it's a secret.
37:35Yes.
37:38With both Dan Trench and Dr Athen Philip having passed away, is there any way to verify the contents of
37:46this tape?
37:48Well, it does name somebody as implicated in the murder, and he's dead now. He can't speak for himself.
37:56His daughter doesn't believe what's been said.
38:00So it is really very difficult to decide whether this is true or not.
38:06Dan Trench certainly believed what he said was true.
38:11If we are to believe the evidence against Sir Jock Delves Broughton, it would seem clear that he was indeed
38:17guilty of Errol's murder.
38:19But how did he do it?
38:21At about 2.30, Errol returns back to the Delves Broughton house, bringing back, as he promised, Diana.
38:39Errol then gets into his car, his Buick.
38:42But unbeknown to him, there's someone in the back.
38:44And that person is Sir Jock, who's waiting and waiting for his moment.
38:51And the Buick is driving along on the road back to Nairobi.
38:53And just as the car approaches a junction, Delves Broughton pulls out his pistol and shoots him.
39:01And shoots him dead.
39:05Does the new evidence conclusively prove once and for all who really killed Jocelyn Hay, the 22nd Earl of Errol?
39:13I'm quite sure that Jock Broughton killed the Earl of Errol.
39:17Who else knew where Errol was in the small hours of the morning on a dark road in the middle
39:24of Africa?
39:25Broughton was the only man who knew he was there. Of course he did it.
39:31I think it's been conclusively proved that Jock Delves Broughton did shoot the Earl of Errol.
39:39That he was helped to and from the scene of the crime.
39:43That he wasn't drunk.
39:44It suggests with the alleged burglary, you know, the theft of the gun two days before, and the increased heavy
39:52drinking two or three days before, that he decided quite suddenly that he was going to kill the Earl of
40:00Errol.
40:01But that he'd given it two or three days and found the opportunity and set it up.
40:08I don't know who killed the Earl of Errol. I really don't. I suspect it might have been Delves Broughton.
40:18It could have been Diana. It could have been de Jonze.
40:26No one involved in the case ever spoke about it publicly after the trial.
40:32And it seems that in Happy Valley, one tragedy follows another.
40:37Alice committed suicide. She made two attempts and the second one was successful.
40:41She shot herself, but first she made up her bed with her best linen, which had the family crest on
40:48it, and she filled her room with flowers.
40:50And she shot herself, and this time she was successful.
40:53She requested a cocktail party be held at her grave, but unfortunately there weren't many people around, so it never
40:59happened.
41:02But even though he was found not guilty of the murder, the court case had proved too scandalous.
41:08And Jock returned to England in disgrace shortly afterwards.
41:13Jock Delves Broughton's story has a very sad end, that he almost limped back from Nairobi to the United Kingdom,
41:23and he killed himself in a hotel in Liverpool, of all places.
41:27And it was an injection of morphine that finished him off, which again strongly suggests that he was the killer
41:36of the Earl of Errol.
41:40He had medical issues, he wasn't very well, and he left two notes when he died.
41:45One was to say that he couldn't stand the physical pain of his illnesses anymore, and the other was to
41:51say that he couldn't stand any more strain about the trial.
41:56And in my opinion, killing himself was the last act of a guilty man.
42:02As for Lady Diana, she stayed on in Kenya, marrying a further two times before her death in 1987, aged
42:1276.
42:14I think Diana's grief was genuine after her lover was killed, but amazingly enough, she actually remarried quite soon afterwards.
42:25She married Gilbert Colville, who was an eccentric, rather reclusive farmer, very big landowner, very nice man, apparently.
42:36And she married him, and they were very happily married for 12 years.
42:39And she then married again his best friend, who was Lord Delamere, the fourth Baron Delamere, and she became Lady
42:47Delamere.
42:49So she got what she wanted, which was a lot of money, a lot of land, and titles, which was
42:56what people said Diana was always after.
42:58Although I'm sure there was more to Diana than that.
43:03There is now little to remind us of the hedonistic lives once lived in these picturesque Kenyan landscapes.
43:11But the murder of the Earl of Errol continues to fascinate through the generations.
43:18I don't think we'll ever find out what happened to the Earl of Errol.
43:22It's too long ago, not enough evidence was gathered at the time.
43:26The prosecution was botched, and it's too late to find out anything now.
43:33But it will run and run, this story.
43:36People will continue to have theories, because it's interesting, exciting.
43:41.
43:41.
43:42.
43:42.