Page:The Green Bag (1889–1914), Volume 14.pdf/466

 Mistaken Identity.

MISTAKEN

423

IDENTITY.

By a Member of the Bar. THE fallibility of human knowledge and likelihood of honest witnesses to mis take is, of course, known and recognized by all, but especially is it brought to the attention of members of our profession. More particularly is it true on the question of identity. All lawyers know that the reports are filled with cases where innocent persons have been convicted, and in some cases executed, because they were taken, in fact proven, so far as human testimony is con cerned, to be some one else. In many in stances the mistake was discovered too late to admit of amends. The public will doubtless recall the noted "Hillman Insurance Case," where the sim ple question of identity of a dead body caused such an endless amount of litigation, and where a long list of witnesses, who we must presume were honest, swore positively that the body was that of Hillman, while an equal number, quite as creditable, swore just as positively that it was not. Many will remember the account given us by the daily press of the finding of the body of a girl who had been drowned, I be lieve somewhere in New Jersey, and whose own father and mother identified the body as that of their daughter who had mysteri ously disappeared, and would probably have continued in such belief, but for the appear ance of the missing one in time to prevent her own funeral. These are but two instances of a vast number which could be recalled as hap pening within the last few years. In some of the cases perjury may enter into it quite large, in others the mutilated or decom posed condition of the body renders it un

certain, while in others the opportunity to observe accurately is not afforded. But I wonder if the public realize how often honest witnesses, with every opportunity to observe, are honestly mistaken in this class of testimony. It has come under my own observation several times. One of the most striking cases occurred a few years ago. In 1898 New Mexico and Arizona were infested with one of the most noted and daring gangs of outlaws which it has ever been the misfortune of any country to have. They had collectively and individually been guilty of all the crimes in the criminal cal endar. Robbery of post-offices, railroads and express trains had become so frequent as hardly to cause comment. It had aroused the Government to such an extent that " marshals' posses " were scattered all over both the Territories. Railroads and express trains were carrying special armed guards. The crimes of the gang were so numerous, and such large rewards placed upon their heads, that they were desperate to the point where they did not attempt to conceal their identity. They succeeded in evading capture for a long time by rapid movements from one Territory to another, through the portions which were sparsely settled, and when " hard pressed " by cross ing the line into Old Mexico. Their des criptions were accurately and minutely given. The leader of the gang was a man known as " Black Jack." On the fifteenth of June, 1898, "Black Jack," George Musgrave, and another one of their followers perpretrated a cold blooded murder in Lincoln County, New Mexico, by killing an inoffensive ranchman,