CURIOUS CASE OF MISTAKEN IDENTITY.

Evening Post, Volume XLIX, Issue 109, 9 May 1895, Page 4

CURIOUS CASE OF MISTAKEN IDENTITY.

A BOY GETS " CHANGE FOB A SHILLING."

A peculiar case of mistaken identity, all Ihe more notable by the pertinacity with which witnesses for the prosecution main, tamed their allegations, was brought to light at the Melbourne City Court on the 19th nit., when Miss Mary Jane Lee, proprietress of the refreshment room on tbe Flinders-Btreet railway station, appeared to prosecute a youth about 16 years of age named Stewart Anderson for the larceny of £A 103. Snb-Inspeotor Miarp appeared to prosecute, and Mr. J. K.B. Plnmmer for the defence. According to the evidence of the proaeontrix, a boy whom she had never seen previously, wearing a blaok tweed suit and a black boxer hat, entered her shop at 10.30 a m. on the 11th and asked for change of a shilling. She opened the till to accede to his request, but having there only £i 10s in notes and gold, sealed up in an envelope, she retired to the room at the rear to obtain the amount. On returning she saw tbe boy leaving the door of the thop, while at the same moment Alfred Beid, a carter, entered. She at once examined tho till, and finding the money gone, informed Keid, who set out in pursuit ot the thief. He was, however, unable to catch him. ilisa Lee then toot oat a warrant for the arrest of a boy unknown, but seeing the accused on the station at North Melbourne a few days later, bLo recognised him as the lad. On that occasion she lost sight of him, but again meeting him on the Flinders-street station, Bhe caused him to be de'ained by a porter and given into onstody. The boy before the Court Uis3 Lee swore positively to be the same youth who entered her chop on the morning of the 11th. Alfred Keid, the man who was present on the occasion, also testified with equal vehemence as to aconaed's identity. Detective Sergeant Whilney stated that on . the ivrreßt of the accused be had examined the latter's deslt at the office of Messrs. Joseph Gill and Co., where he was employed, and his boxes at his father's residence, and had failed to discover any money or articles recently purchased. The boy, when arrested, had only 6Jd in his possession. For the defence, the movements of tbe prisoner on the date of the offence were traced from his arrival in town by the 9 o'olock train until 11 o'clook. A small boy named John Dunne accompanied him from the station as far as Kitoben and Co.'s office, in Flinderslane, while Alexander Webster, clerk in Joseph Gill and Co. 'a office in tbe Olderfleet, testified that when he arrived at 9.30 he found Anderson at his place. William Burton, managing clerk to tho same firm, remembered leaving the office at ?0 minnles to 10, and giving tho accused certain instructions at the tiir.o. The date he fixed by its being that on which ho had occcasion to call upon Banks and Co Gerald Burton, lirother.of the last witness, remembered tbe Ilth through having had to trans&ot certain business conceded with bis late father's estate on that date. Ho called at Gill's office at 10.30 to aeo his brother, but on accused informing htm of bis absence he waited outside the building until the return of Mr. William Burton some minutes later. Prisoner himself also entered the witness-box, and corroborated the statements of tbe witDQBseB for the defence, emphatically denying having been in the shop of the prosecu.tr ix for the last two years. In addition to their evidence regarding time, all the witnesses for the defence were positive that on the date mimed accused was wearing a light suit and a straw hat. Mr. Panton, P.M., said— We are perfectly satisfied that tliiß is a clear case of mistaken identity. The evidonce of thoso respottablo witneo.-ea for tho defence is co clear that wo have not tho slightest hesitation in dismiss, ing the case. The boy leaves (ho Court without a Btain on his character We have no power to award costs against the prosecution.