FINGER PRINTS.

Dominion, Volume 5, Issue 1296, 27 November 1911, Page 5

FINGER PRINTS.

SOME INTERESTING EVIDENCE AN AUCKLAND CASE. FRICTION BETWEEN JUDGE AND. COUNSEL. (By Telegraph-Press Association.} Auckland, November 2G. William Rogers and Maud Rogers, both credited with several aliases, who were extradited from San Francisco on allegations of being concerned in tho big burglary committed at Adolph Kohn's jewellery premises on March 10 last, when goods to the value of JCSOO were removed, made their appearance in tho dock at tho Supremo Court yesterday morning, charged alternately with counts of breaking and entering and theft and receiving, Mr. Qnartlr-y appeared for both accused, and pleas of "not guilty" were entered. Mr. J. A. 'Pole, K. 0., prosecuted. Counsel for tho prosecution related to tho jury tho now familiar story of the burglary. Tho story of tho detective meeting with the prisoners at San Francisco was related by Detectivo Scott. in reply to a question by Mr. Quartlcy as to liow he could identify tho signatures purported to havo been signed by Mrs, Rogers on tho pawnbroker's ticket, witness said they boro a strong resell)bhmco to her ordinary si-nature. Mr. Guartloy: But you don't profess u» bo o ha'ndwriting expert, do you? Witness: No, but 1 think I've got a bit of common sense. (Laughter.) Mr. Otiartlcv cross-examined the detective at considerable length upon the statement obtained from tho prisoners in which they agreed to waive formalities so as to hasten the extradition proceedings. Witness denied that any force was used to extract tho statement in question. It was given quilo voluntarily.

Finger-print Evidence The Government Finger Print Ex. port, E. \Y. Dinnio, stated that thoro was a 23-poiut resemblancein tho fincor-prints found on tho fanlight and tho prints _ taken from tho prisoner in San Francisco. Mr. Quartley proceeded to cross-exam-ino tho witness as to chances of falhbilitv in comparing, when his Honour asked tho expert to explain to tho jury what, in the case of a 29-point resemblance, were the chances of there being another person with n similar imprint. Ike witness, after consulting a document, stated that tho cliauces were ouo in one hundred million millions. That had been worked out on a low basis, in order to avoid any mistake. Ho had never heard pi :i mistake being made under the system, though it was not brought m where. tho raso could be nroved by other methods. The reason for "this was that the Departinent did not want to advertise the procedure amongst tin? criminal classes. This concluded the case for tho proseculion. . ~ , ~, , Counsel tor tho defence intimated that ho was not going to cull tho accused, and proceeded to address the jury. Ho argued that tho action cf his clients when they left tho country was absolutely opeu and above-board. The male accused booked His passage under his own name, whilst, in tho case of the woman, she was frank in telling him of her destination. In the case of tho latter, she had denied participating in tho robbery all along.

Remarks by His Honour. His Honour; Do you mean to say that? Why sho said so hero (pointing to tlw accused's statement). Mr. Quartley: Yes, I do. His Honour; Well, I shall make somn strong observations to tho jury on tho wav (lie defeuco has boon conducted. Suggestions have been made which are not supported by a particle of evidence. Mr. Quartlcv: Perhaps I ought not to have nnulo the statement, and I will withdraw. 1 kiivo no wist to fall ioul of your Honour. . Counsel submitted .in regard to tna finger-print evidence- that (hero was a possibility of 'an expert making a mis-take.-in comparing the prints. Ho further argued that thoro was no cvidenco of breaking and entering. An Unusual Incident. At this stage tho case took a somewhat unusual turn. Mr. Quarllcy said he wished the male prisoner to go beforetho jury in order that the Court might make on examination of his fingers and compare them with tho expert's photographs and the finger-marks on tho innlight (produced). Counsel said his client was anxious for this to be done.

Leave was given and Rogers sprang nimbly out of the dock and allowed the jury to inspect his hands. Mr. Dinnio was called forward, and an. animated discussion took place over the photographs ami tho fanlight marks, lingers made further prints from his lingers, which were examined by his counsel with tho aid of a magnifying Si"**- . L , Counsel crilitt-ed at considerable length the manner in which tho confession was obtained by Detective Scott, and ho proceeded (o deal villi certain phrasing contained in tho document. This .called forth another rebuke from his Honour who said: "Surely you can leave tho jury to understand tho document. I don't want to check your address, but you are going to cxtromft lengths in your criticism. As I said before, I shall have some strong observations In make to tho. jury upon the way tho defenco has been' conducted. Go on with your nddvcK», sir." Mr. Quortlcy: I was simply His Honour (sharply):, 1 don't want you to address mo. Address your remarks to the jury. In concluding, My. Quartley jaid lift was sorry to have caused tlio remarks which had fallen from his Honour, but he hoped that whatever condemnatory observations were made to them (the jury) it would not. affect them in (heir attitude, to his clients. Mr. 'J'olo did not address the jury.

The Judge Sums Up. His Honour, in summing up, refnrr-d to his remarks to counsel for the defence, and said lie was sorry to have had, to inni'io them, but ho did not think tliey worn without foundation, lie was* a fairly patient man, and was prepared to sot'iuM to ten hours a, day to give his attention to public business. Tlie case (liev worn engaged upon should have, in the irdinary course, have occupied a. couple, of hours, but instead it had occupied soma four or five. Ho did'not wish to say an/. I.hine derogatory of the leaned couuml tor tho defence, who had done his bci-t for His clients according to his own lights. There were gentlemen at (lie Auckland Bar who conducted I heir cases with an much dispatch as .any counsel in New Zealand, but: ho was bound to say that from his experience of four or five sittings the defended criminal cases in Auckland lasted ;W per cent, longer t'linu in Wellington and other places he had visited. His Honour (hen addressed l.ho jury upon (he ease, and pointed out that (ho prisoners had noil her g'Uie into the box nor had they attempted to explain where tins jewellery was obtained. The Verdict. The jury were absent for 2j minules. They found the male prisoner "guilty" on both counts, and the female accused "guilty" - of receiving. His Honour deferred sentence until Monday morning.