WRONG MAN IN DOCK.

New Zealand Herald, Volume LXV, Issue 20112, 24 November 1928, Page 2 (Supplement)

WRONG MAN IN DOCK.

MISTAKE IN IDENTITY.

EXCULPATED BY CONFESSION.

INNOCENT - MAN CHARGED.

" EXTRAORDINARY CASE.". A caso of mistaken identity which tho Recorder, Sir Ernest Wild, described as the most extraordinary ho had heard in his long experience of tho law, was revealed at the Old Bailey in London last month. The accused was found not guilty, and discharged after another man had gone into tho witness-box and confessed to tho offence.

There was not only a facial likeness between the two men, but the Recorder remarked that there was a remarkable resemblanco between tho handwriting of tho man who had confessed and that of certain documents in tho caso.

Alfred George West on, aged 35, an engineer, denied having obtained £4 by means of a forged money order, and contended that it was a caso of mistaken idontily. Mr. Percival Clarke, prosecuting, said a man, whorti tho prosecution alleged was Weston, entered tho White Bear Hotel at Hondon, and had a conversation with the manager, Mr. Duncan, regarding life in Canada. Tho manager introduced him to a man named Lavello, and after a conversation tho two men left tho hotel with tho object of purchasing a second-hand car. I'liey returned to the hotel later, and as Lavello was about to drive away in his car the other man ran after hiin and asked hiin if ho could cash a money order for £l2 2s 4d, as it was crossed.

Lavelle handed £4 to the man, promising to givo him tho balance when they met again in time. The second man failed to keep the nppointmont, *and when the order was passed into tho bank by Mr. Lavelle it was dishonoured The money order had been purchased only three days before in Sheffield, and was for 2s 4d only. It had been altered to £l2 2s 4d. Witness From the Cells.

Hugh Duncan and James Leonard Lavelle both stated in evidence that tho man whom they saw in the public-houso at nendon was Weston. The latter declared that he had never been in Sheflield, and had never been in tho White Bear Hotel at Hcndon. Tho Recorder referred to another man, known as Ryder, who, it was alleged, had confessed to the offence with which Weston was charged. He said that in the interests of justice the man should bo called. Tho man was brought up from tho cells, and placed in tho witness-box. He proved to bo slightly taller than Weston.

Sir Ernest Wild: Tho man in the dock is charged will) forging money order. Do you wish to give ' evidenco ? Tlio man replied, that he would voluntarily givo,evidence, as Weston was innocent. He gavo his namo as Francis Atkinson, and paid that ho was now in custody. Ho had been sentenced to five years', penal servitude for attempted suicide. forgery, and theft. Atkinson declared that he uttered the money order outside a public-house in Hend'on. Ho. purchased it from a post office, he believed, in Sheffield, gave it to another man to alter, and then negotiated it himself. "Thef other man was not the ono in the dock." . The Recorder: What did you speakabout in the public-house ?—Wo talked about Canada. A Remarkable Resemblance. What did you do next?—Wo went to a garage to discuss my buying a car. After that Mr. Lavelle got into his own car, and I a'sked him to change the money order. Ho gave me, I think, £5. Tho Recorder: Do you know tho prisoner ?—No, I have never seen him. I do know that ho is innocent of the charge against him. Atkinson was then asked to write certain words on paper. He did so, and the Recorder compared tho writing with that on various papers and documents which had been put in as exhibits. "It is a remarkable resemblance," ho observed. While Atkinson was in the witness box, other witnesses wero ordered put of tho Court. When they were recalled, Duncan and Lavelle declared that Atkinson was not the man they saw at Hendon. Ti Another witness, named Pope, nowever, stated that Atkinson undoubtedly was'tho man who discussed the purchase of a car with him. A Sheflield post office clerk said that Atkinson was not tho man who purchased the money order. , Evidence was given that when Atkinson was sentenced at Knutsford Sessions ten offences similar to that with which Weston was charged wero taken into consideration, and ono was the identical case. Identification Parades.

" The case is an amazing object lesson of (lie valuo of so-called identification parades," said Mr. Marston Garsia, addressing the jury for the defence. "Mr. Pope picked out Weston in tlio identification parade, but to-day in the witness box lie said that Atkinson was the ,"™n. Summing up, Sir truest Wild said: I have been in my profession more years than I care to remember, and on the question of identity I do not remember, either in my own personal experience, or from what * I have read, a rnoro extraordinary case." Weston is as found not guilty, and was discharged. The judge remarked thcro was no doubt he was not the man who committed the offence.