IDENTIFICATION

Evening Post, Volume CXVI, Issue 28, 2 August 1933, Page 14

IDENTIFICATION

PASSAGE FROM A" BOOK

SUPREME COURT INTERLUDE

•In -addressing a jury, in tho Supremo Court yesterday afternoon in a case in which the question of whether the identity of the accused had been established was of the- greatest importance, Mr. F. AY. Onglojv counsel for the accused, referred to a,German Police Court case recorded in a book, "Psychology and the Day's' Work," to show, how easy it was for people- to be mistaken. '■;A. seventeGn-y ear-old boy. Mince) Zinny, said Mr. Ongley, reading from the book, was accused of having stolen certain articles from a house. The evidence showed that the thief, in the at' tempted flight and pursuit, threw tho things away, and that Zinny, when caught and brought back was at once recognised as the robber by the wife of tho janitor of the apartment. She also identified the .defendant' as Zinny, the thief. Further, two men swore that the defendant was the man whom they had seen carrying the things out of the gate, and who was pursued and caught. The identification seemed perfect and no witnesses were called for the defence. Before passing sentence the Judges asked the defendant whether he had anything, to say for himself. To the amazement of the Court he replied that the verdict did not interest him in the least because ho was not Zinny, but Nowakowski. The explanation of this farcical ending to a. serious tri^l, said Mr. Ongley, continuing his reading, was that somo days before Nowakowski had been convicted by testimony which lie knew to bo false, though perhaps not intentionally untruthful. He had, therefore, arranged with Zinny to exchange roles in the-' Court proceedings. Ho took Zinny's place to show the Judges how little reliance could bo placed upon testimony regarding identity. The Court felt that its dignity had been trifled with, and its feelings cruelly wounded, and tho Judges could be couviuced that the testimony of so many honest folkwas erroneous only after tho real Zinny and the gaoler were brought before them and had verified Nowakowski's identification of himself. It was then learned, to the- further discomfort of tho Judges, that one of the prosecuting attorneys in the trial of "Zinuy," ono of the presiding Judges, and a subordinate Court.'official, had participated in tho original case, against Nowakowski, and yet did not recogniso him when he appeared before them as defendant in the assumed role of Zinny. "It sounds too good to be true," commented Mr. Justice Reed, after Mr. Ongley had finished reading tho passage. "It comes from Germany." His Honour smiled. Mr. Ongley said that the book recorded an even more extraordinary case. "Does that come from Germany, too?" inquired his Honour. "No, Sir, from America," replied Mr. Ougley, amidst laughter. AVhen the time came for the Crown Prosecutor (Mr. P., S. K. Macassey) to address the jury he submitted that tho accused would bo recognised anywhere. He had a most unusual fac<£ At this thcro was laughter, and even tho accused smiled. In the result, though one of tho witnesses for the Crown had said that he positively identified tho accused, tho accused won out. The jury found him not guilty, and he was discharged.

The Dowager Countess Jersey, oue 'of the most prominent- women iv the Conservative. Party, disclosed recently that one oi her cherished memories as a very young child is that of'shaking hands with the great • Duke of Wellington. Shu is now S3. ' , ■ •