ADOLF BECK'S CASE.

Press, Volume LXII, Issue 12503, 26 May 1906, Page 2

ADOLF BECK'S CASE.

r* TO THE KOITOB OT "THE PKSSS." Sir, —The agitation in England at present to establish a Court of Criminal Appeal hats again brought into prominence the case of Adolf Beck. Notwitli- * standing the ivide publicity the accumulated wrongs inflicted upon this unfortunate man received some time ago a brief refcrvnoe to him may prove iiiteietating. The cam ia now cla*»~.cal, and is sumuiarifrcd ac follows in a work on '"Medical Jurisprudence," publuslied tiiii y«ar : — "in lbT7 a oercaiu John Smith «ats convicicci ot otnumaig jeweiiery, etc, troni woiuexx by Irauu. aim wa> bt'iiteii'oed to iivo yt;aib : pejial eerviiuue-. Wfliio in ijo uisserled tliat he was a Jew, aim on exaiuiu&uon was touiiii to have bt-cu 'I'h.is laci, howtver, wa«s r.ut leourded ainoiig diotinciive ruariis whui iie was libori aied, aiUiou&u it was ncu-d in the j pii.s..n papoii>. In io'Jti Atioit iit?ck was j cnarywi with exaoiiy similar uttoiices. ! 'lvii ct the women who iiad been cioi iraiidtd idwuiiiid him an the man who J had de<.H.'ivvd U.eiii, and an ox|K'it in i handwriting gave J»is i/pimon mat the ! on cheques which hau jbi _ii y.voii lv tiic woiiii'ii wat» rii;: s-auie as Uiat admittedly Decks. 1 lie pn.suner was anxious to show that ili« j ciiaract-tT ami cotaiis. ct thy proved that they had been porpetraicd ity t iiv- ijiiaie (X'ltion wliu was, c;>Jnictv<J ill ISSr. and as lie (iii-ok) ha.l a »at:i»-fai-iory aiiui showing that lw was in l\'Mi iroin 1670 io LB6X he could not bi> the- jj;aiity parly. Tire judge, UiilueiKMHl by a sound principle e»t»iuliisiitd in the interest, ot criminals thvinst'lvce liial previous convictions feiiall noi i;-e loierri-d to until thu verdict in tlie ca* en trial lias boen given, ruled that ciicli evidence could iw: l>c heard, and thus this line oi defence wa» barred. Ikx;k was convicted and eenteneed to seven years' penal servitude, tlio judge remarking that the evidence against him ;\ as 'ovenvliehning.' In prifron he was at first diosscd as one wjbo had been previously convicted, but in 18'J8 the Home Ofiico. learning from the prison papers tJiat Beck was not circuuiciriod, v.hile Siuitli was, referred the ca.-e tor recommendation, to the judge, who expressed hie contimied belief in the prisoner's guilt. Accordingly Bothnia turther was done than removing the marks indicative of a previous conviction, the unfortunate man wne liberated on ticket-of-leave in 1901 only to bo arrested in 1904 for frauds of precisely tho eanie character as tbcee loommitted in 1877 and in 1896. Hβ was agnin convicted, but sentence was postponed, and while he was waiting to learn- his fate, the real John Smith waa oaught in the very act of , defrauding women, and eamo of the jewellery stolen was found in his possession. Beck was then granted a free 'pardon' for each oflence, and subsequently received £5000 as compensation. . . . The really responsible and unfortunate mistakes made in identification were those imad« by the ten women who identified Beck with tho man who had defrauded them, in spite of the fact that tho resemblance between the two men wa« quite superficial. Their statements, combined with the expert testimony as to handwriting, constituted the 'overwhelming , evidence against the prisoner. Besides showing the unsati factory evtdenoa derived from handwriting, theoaee is of importance as an ilia tration of the comparative worth'e-snoas or' identification by persons animated by feelings of anger, and anxious to the supposed author of their injuries punished." Wo have eeen the character of persons ruined in New Zealand on tho evidence of a much smaller number than, ten pert-one of the class referred to in the extract quoted. Two have been sufficient in same cases, and I am inclined to think that one even, practically uncorroborated' has on/ some occasions "overwhelmed" the accused with guilt. In order to avert such atrocities as happened in Reek's case, most lovers of justice will wish to >cc <a Court of Criminal Appeal established in England. New Zealand then might very well follow the example of the Mother Country, and allow convicted persons similar facilities to review verdicts and length of -sentences. He is a β-anguine inuividiisl indeed who thinks that innocent persons ture nover found guilty in New Zealand. I cay nothing of the fairly numerous escapees who have to thank their purees, good characters, and lawyers,'for averting a similar fate to that which befell Adolf Beck.—Youre, etc., "VIGILANT! A.

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