These discrepancies illustrate how difficult it is for the eye and ear to
record accurately the impressions received in a rapid succession of
events, one of which may focus the attention to such an extent that events
simultaneously occurring are only imperfectly or partially observed.
The fallibility of identification by eye-witnesses was strikingly
demonstrated at the trial of Benjamin Bates and John Green at the Old
Bailey in 1776, on the charge of burglary.
The house of James Penleage had been broken into, and plate to the value
of four or five hundred pounds had been stolen.
Mrs. Penleage swore that four men had entered her bedroom, one of whom
carried a dark lantern; that two of these men came, one on each side of
the bed, and held pistols to her head, and that of these men of whom she
had a perfect view, she recognised one as Green and the other as Bates.
Her husband testified as to the house having been entered, and as to his
loss, but stated that as he was near-sighted he would not swear to the
men, though he believed Bates had presented a pistol to his head.
Evidence was also given by a servant and by another woman, and
notwithstanding the good character given to the prisoners by a number of
witnesses, the jury brought in a verdict of "Guilty."
The newspapers of the day called attention to the inconclusive evidence
of identification, and as a result the prisoners were respited from month
to month.
At last another man, who was executed in the country, confessed that he
had also been the author of this burglary at the house of Penleage, and
that the two men who had been convicted had had nothing to do with it. In
consequence of this Bates and Green received a free pardon, but not until
they had been in prison for many months.
A contemporary comment upon this trial richly warrants quotation:--"On
this occasion Britons have cause to triumph in the LIBERTY OF THE PRESS.
If newspapers had not been printed in this country, the lives of two
honest men would have been sacrificed to the rigour of the laws, yet no
party concerned have been the least to blame. The ways of Providence are
mysterious; casual circumstances frequently produce great effects; and a
life may be saved or lost by an accident apparently beneath the notice of
a common observer."
Another very curious instance of mistaken identity was that brought out in
a trial for robbery in 1784. A barrister had been attacked and robbed in
broad daylight, and he positively swore that he had recognised two men
named Wood and Brown as his assailants. Fortunately for them the prisoners
were able to prove an alibi, which showed beyond all doubt that they were
far from the spot at the time, and they were accordingly acquitted.
Subsequently the real robbers were discovered and found in possession of
the missing property. In this case there was a man of trained
observation, being absolutely certain of the identity of two men, who had
never been near the place.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account