Juries have always been reluctant to convict a prisoner upon evidence of
this kind. For instance, at the trial of a man named White at Croydon in
1839, the prisoner was accused of firing at a gentleman while he was
driving home in an open trap, and his intended victim, who was shot in the
elbow, swore positively that the flash of the gun showed so clearly the
features of his assailant that he was absolutely certain that he was the
prisoner. The defendant denied the charge and, notwithstanding the
positive statement of the principal witness, was acquitted.
There are other instances, however, where convictions have resulted from
such momentary glimpses. Thus, at the trial of some highwaymen in 1799,
which is quoted by Paris and Fonblanque (1823), it was stated by a Bow
Street officer that he, together with some of his companions, had been
fired at by the prisoners upon a dark night, upon Hounslow Heath. He swore
that the flash of the pistol enabled him to see that one of the
assailants, a man named Haines, who had come up to the side of the coach,
was riding upon a dark brown horse which had certain peculiarities about
its head and shoulders, and that the rider was wearing a rough brown coat.
Afterwards, said the witness, he had seen the same horse in a stable in
Long Acre, in London, and had recognised it as the one upon which the man
was riding by its curious square head and thick shoulders. The jury
believed the evidence of this witness, and the prisoner was convicted.
A case within the experience of a former Recorder of Birmingham (Hill) is
mentioned in Wills' _Circumstantial Evidence_. A man was committed for
trial at the Assizes at Derby, in 1840, on the charge of shooting at a
young woman.
She was prepared to swear that she had recognised him by the momentary
flash of the gun.
Experiments were made to determine to what extent reliance could be placed
upon such identification, and the conclusion drawn from these was that
"all stories of recognition from the flash of a gun or pistol must be
founded on a fallacy."
In addition to these, several instances, collected from different sources,
are referred to in Taylor's _Medical Jurisprudence_, where the general
conclusion is drawn that occasionally it may be possible to identify an
assailant in this way.
From the same source comes the amusing story of a man who swore that he
recognised an assailant who attacked him in the dark, by the flash
produced by a blow upon his eye! The absurdity of the claim is
self-evident, for the "flashes" due to a blow do not emit light, and can
therefore never cause any external object to be visible.
Public-domain text, read in full here on John Shaqi.
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