The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1881-04-01
Mistaken Identify.

In q book we'll known to the legal pro-
fession, but probably not often looked
into by other persons, are to be found
the following Interesting remarks and
illustrations on the subject OF identifica-
ton OF persons: ~
1t might be concluded by persons
not conversant with judicial proceedings
that personal identification Is seldom
attended with serious difficulty; but
such Is not the case. Illustrations are
numerous to show that what are sup
posed to be the clarest intimations of
the senses are sometimes failacious and
deceptive, and some extraordinary cases
have occurred Of mistaken personal
identity.
A young ma, articled to IN at
tornev, was tried at the Old Bailey on
the nth and 10Th of July, 1924. on five
indictments for different acts of theft.
A person resembling the prisoner in size
and general appearance had called at
various shops in the metropolis for the
purpose of looking ut books, jewelry,
and other articles with the pretended
intention of making purchases, but made
of with the property placed before him
while the shOpkeepcrs were engaged in
looking out other articles. In each Of
these cases the prisoner was positively
identified by several persons, while in
the majority OF them an abb was as
positively and clearly established; and
the young man was proven to DE of or
| derby habits and irreproachable char
acter, and under no temptation from
want Of money to resort to acts Of dis
| honesty.
Similar depredations on other trades
men bad been committed by q person
l he
persons deposed that though there was a
oner, he was not the person who had
robbed them. The prisoner was con-
victed upon one Indictment, but &C
quilted on all the others, and the Judge
and jurors who tried the last three cases
expressed the conviction that the wit
nesses had been mistaken, and that the
prosecutors had been robbed by another
person resembling the prisoner. A
pardon was Immediately procured in
respect Of that charge on which convic.
ton had been taken.
| A few months before the last-men-
toned case respectable young man was
tried for highway robbery committed
at Bethnal Green, In which both he and
the prosecutor resided. The prosecutor
swore positively that the prisoner wa
the man who robbed him Of his watch
A young woman. to whom the prisoner
paid bis addresses, proved q complies
alibi. The prosecutor was then ordered
out OF the court. and In the interval
another young man, who awaited his
trial on capital charge. was introduced
and placed by the side Of the prisoner.
The prosecutor was again put into
the witness box and addressed thus
Remember, the life Of this young man
depends upon your reply to the question
1 am about to put. Win you swear
again that the young man at the bar Il
the person who assaulted and robbed
you" The witness turned his head
toward the dock, where, beholding two
men 20 near alike, he became petrified
with astOnishment, dropped his hat, and
wns spcechless for u time; but at length
declined swearing to either. The pris
oner was, Of course, acquitted. Thu
other young man was tried for another
offense and executed; and few houn
before his death acknowledged that hi
had committed the robbery in question