DOCTOR’S INSTRUMENTS STOLEN

Evening Star, Issue 19659, 12 September 1927, Page 3

DOCTOR’S INSTRUMENTS STOLEN

defence cf mistaken identity fails Mistaken identity was the defence lo a theft charge in the Police Court this morning, but after evidence of identification had been given by two business men, accused’s solicitor admitted that identification was too positive. William John Duggan pleaded not guilty to stealing goods valued at £B, the. property ol Neill M'Culloch Scrymgeour on August ‘29. Dr Scrymgcour, of Lauder, said that when he'was in Dunedin ho left his motor car outside Ivempthorno, Prosser’s in Stafford street at about 5 p.m. In the car were his bag, containing his surgical instruments, and his coat, valued at about £lB or £2O. He returned to the car about G p.m., and the property was missing. Next morning the property was handed to him by' Kcmpthorne, Prosser’s. Ho did not between 5 p.m. and 5.15 p.m. ho was know accused. W. P. Carter, a salesman, said that in Stafford street, when ho saw accused take the bag and coat from Dr Scrymgeour’s car, which witness knew. The man was taking instruments out of the bag when accosted, in Hope street, hv” witness, who took the property from him. Accused later turned clown the right-of-way by the church in Hope street. Mr Irwin: What are you going by when you identify this man as the man?—By his face and build. Did he speak to yon?—Yes, He said a man around the corner had given him the bag. Ebenczcr Moir, a clerk employed by Kcmpthorne, Prosser’s, Ltd., gave evidence of accompanying the witness Garter and accosting the accused. He had no doubts about the man. To Mr Irwin: Accused was then not so spruce as he now appeared. Constable Arthur Jenvey said accused had stated ho was in a hotel between 6 and G p.m. The place where accused bearded was by the right-of-way in Hope street. Detective llussell gave corroborative evidence. Nino men had been selected for the identification, and Mr Moir had quickly identified the accused. Mr Irwin said accused had been drinking for a considerable part of the afternoon He was not clear as to what had happened. Accused had stated he had not taken the bag, but counsel pointed out to him I hat the two witnesses wore above suspicion and quite positive that he was the man. Counsel did not propose to take the matter ,uny further. “ The evidence leaves no doubt in my mind of identity,” staled the Magistrate. Accused would be convicted. Mr Irwin said that, accused’s wife had asked that a plea bo made for leniency on account of Hi* four young children.

Chief-detective Cameron, who prosecuted, said accused had a record. Mr Irwin said drink was the cause of accused’s trouble. Accused was remanded, in custody, to Friday to enable the probation officer to.make a report/ .