MISTAKEN IDENTITY.

Auckland Star, Volume LXI, Issue 59, 11 March 1930, Page 5

MISTAKEN IDENTITY.

: MAN ARRESTED BY POLICE. 1 I, COMPLAINT OF TREATMENT. 1 "WRONG," SAYS MAGISTRATE. (By Teiegraph.— Own Correspondent.) CHRISTCHURCH, Monday. "If this man was not under arrest lie should not have been kept at the station all night without a meal. If lie was J under arrest, he should not have been questioned. Whichever way you look at it his treatment was wrong," said Mr. 1 H. P. La wry, S.M., in the Police Court to-day, after hearing a maintenance case a in which the defendant was Alfred > James Smith. Smith was charged with failing to ] comply with tlie terms of a maintenance . order, and it was alleged that lie was J in arrears to the extent of £70 13/. The maintenance officer, Mr. P. J. Jones, said a warrant had been out for a certain James Smith since 1927. The present defendant had appeared before tlie Court a fortnight ago, but his solicis tor had asserted that the wrong man had been arrested, and he had been re- , leased on bail. He asked that the hearing be adjourned. "It seems to me that Mr. Jones wants l " to find the real James Smith before he goes on with this ease against my James Smith," said Mr. R. Twyneliam. "I can ' prove in every conceivable way, by " handwriting, occupation and locality, that this is not the man wanted." ' f Mr. Twyneliam said the wanted Smith . was a rabbit trapper. This Smith was a [ labourer. "The police were, of course, placed in a difficult position. I am not i in a position to cavil at their action in 1 arresting him, but my client does make one complaint against them. Smith was " taken to the police station on the night • of February 20, about six o'clock, and was detained from then until nearly 11 p.m. without food. As he is a man who only has two meals a day, he was obliged . to fast until the next morning. When he asked for food, he was told he would sleep better without it. lie does not say he was bullied or browbeaten, but - he does complain that he was harassed practically the whole time he was in the detectives' hands. "He immediately offered the police the 3 fullest information of his history and ) his movements and asked them to verify s his statements, but the police contrived • throughout the whole of the evening, by ; falsely pretending that they were in pos--1 session of information they did not have, to get him to admit his identity with the person wanted. He was not under arrest at the time. "The police even went so far as to ; get him to give a sample of his handwriting, then they took it from the room and came back and swore that it ; was identical with the writing of the man they wanted.", Mr. Jones said it was odd that defendant should have a war wound in his , leg like the wanted Smith, and that lie ' should be like him in appearance. "If I was not like him I would not be here," replied defendant. t After hearing evidence, the magistrate, after making the comment already reported, dismissed the case.