MISTAKEN IDENTITY.

Grey River Argus, Volume XIV, Issue 1737, 27 February 1874, Page 4

MISTAKEN IDENTITY.

A recent Australian telegram notified that a prisoner had been released from servitude, his having been found a case of mistaken identity. The following (from the Argus) are the particulars : — A prisoner named John Edgar, who has frequently petitioned to be liberated on the ground that his was a caße of mistaken identity, has at length, after serving six yeara in gaol, had the prayer of his memorial granted by the Governor in Council. Edgar was tried at the Melbourne criminal sittings in February, 1868, before the Chief Justice for criminally assanltinsr a servant girl at Kyneton. He was defended hy the late Mr 6. Byrne, but some important witnesses for the defence were somehow or other overlooked. The man was convicted and sentenced to death, but subsequently had his sentence commuted to 12 years' imprisonment, with hard labor. Two previous Ministers of Justice who had to deal with his case, Mr Ca3ey and Mr Wrixon, both decided against his appeal to the Executive, and the Judge who tried the case also, saw no reason why the sentence should not be carried out. The man himself, however, persevered in his application for a reconsideration, and, under the direction of Mr Kerferd, an exhaustive inquiry was made, including a careful examination of the locality where the offence was committed, ami comparison of the distances, which had a material bearing on the case. Edgar at the date of the crime was a farm labourer, who had previously been a sailor, and was 25 year 3of age. The prosecutrix, a servant girl, who waß crossing some fields after sundown when the assault was committed, gave a description of the prepetrator, i-hioh did not agree with the appearance of Edgar ; but on being confronted with him she immediately identified him as the man. The police were not not quite satisfied, and arrested another man who did not exactly answer her description, but she did not identify him. This man, however, who was working in a sawmill, immediately left the district, and without staying to remove his clothes fr.»m his employer's premises. It has also been ascertained that Edgar was in a chemist's shop in Kyneton, about two miles from the scene of the outrage, <vithin 20 minutes of the time at which it was ■ stated to have been committed. This wa3 not stated on the trial, and there are so'me other points which favour the hypothesis of the man's innocence. The jury who convicted him unanimously recommended him to mercy, on account of his youth and respectable appearance. JBJdgar's sentence has now been remitted, on the ground that, his was a case of mistaken identity, he has yet to prove his innocence if he can. and he has not been granted a free pardon."