The New Bloomfield, Pa. times. (New Bloomfield, Pa.) 1877-188?, 1881-11-29
Cases of Mistaken Identity.

are those which relate to personal identi-
ty. In Orange county, N. c., some years
ago, married woman, whose husband
was at work thirty miles away, was as
saulted by negro man, who succeeded
no further than to frighten her very
much. A free negro In the neighbor-
hood was charged with the crime, and
the woman swore positively In court that
he was her assailant. Another witness,
an old man, who was passing the house
just before the act was committed, also
swore that he had met this free negro
near the premises and had spoke to him.
The free negro proved by two respecta-
BILE witness that he was at their fathers
house ON the very night and at the very
hour when the act was said to have been
committed. 1t so happened that there
was slave negro in the neighborhood,
the very counterpart in color, face and
form, who belonged to the father of the
two young men who had testified that
the free negro was at their house on the
night of the crime. The slave was ar
rested, and confessed to the clerk of the
court and one of the counsel. Both ne
groes were in court, and the woman was
then directed to point out the one who
had assaulted her. She still declared it
was the free negro, and the old man also
confirmed her testimony. But, what is
stranger than all, the very counsellor to
whom the slave man made confession,
when asked to point out the person, in
dieated the free negro. 1t happened,
fortunately, that the eclerk of the county,
to whom also the confession was made,
knew the slave perfectly we'll from
boy, and very readily corrected the mis-
take. The free negro was released and
the slave was hanged.
Among the cases of mistaken identity
cited in the English law reports there is
that of Rex VS.. Boswell. A respectable
young man was tried for highway rob-
berry at Bethnal Green. The prosecutor
swore positively that the young man
had robbed him of his watch. A young
woman to whom the prisoner was en-
gagged gave evidence which proved a
complete alibi. The prosecutor was then
removed from court, and in the interval
another young man, indicted on capt.
tai charge, was introduced and placed by
the side of the prisoner. The prosecutor
was again put in the witness box, and
addressed by Boswell's counsel thus:
Remember that the life of this young
man depends upon your answers to the
questions shall put. Will you swear
again that the young man at the bar is
the person who assaulted and robbed
you ?" The witness turned his eye to
the dock, and beholding two men so
nearly alike, he dropped his hat, re-
mained speeehless for time, and finally
declined to swear to either. Boswell
was, of course, acquitted. The other
young man, tried for another offence and
executed, acknowledged before his death
that he committed the robbery referred
to.
Upon trial at the Readings assizes in
England some years ago, where there
was conflicting evidence as to the identi-
ty of prisoner, Mr.. Barron Boland, in
referring to the risk incurred in pro-
nouncing on evidence of mistaken iden-
tity, said that, when at the bar, he had
prosecuted woman for child stealing,
tracing her by eleven witness, buying
ribbons and other articles at various
places in London, and at last into a
coach at Bishopsgate, whose evidence
xxyac diatoA hxvn hAat of al
nesses and she was acquitted, and that
he had afterward prosecuted another
woman who really stole the child, and
traced her by thirteen witnesses.
"These contradictions, ''said the learn
ed judge, "make one tremble at the con-
sequences of relying on evidence of this
nature, unsupported by other proof" It
is probable that the most remarkable
case of mistaken identity that has ever
occurred may be found in the judicial
proceedings of Massachusetts, in the case
of the Commonwealth VS.. Sherman,
tried in 1S45 at Lowell, Chief Justice
Shaw of the Supreme Court presiding.
1t appears from the reports of the pro-
ceedings at the time, that, on Saturday,
the 26th of July, as a number of young
girls and little boy were out gathering
berries in Medford, one of the girls, aged
about twelve years, was accosted by a
young man, whom they had seen for
some time near them picking berries,
who asked her If her name was Ann,
and, upon replying that it was, he told
her that person short distance from
the bushes wished to see her and offered