last case "a jury shall be impanneled to try the collateral issue, namely, the identity of his person; and not whether guilty or innocent; for that has been
Martin Clinch, bookseller, and James Mackley, printer, were tried at the Old Bailey, in 1797, before Mr. Justice Grose, for the wilful murder of Syder Fryer, Esq. at the back of Islington workhouse, and were convicted and executed. On this occasion the identity of the prisoners was positively sworn to by Miss Ann Fryer, who was in company with her cousin, the deceased, at the time of the robbery and murder. Some years afterwards Burton Wood, who was executed on Kennington common, and Timms, who suffered a similar fate at Reading, severally confessed at the gallows the commission of the deed, for which Clinch and Mackley had innocently suffered. To the above interesting cases we may add that of Robert and Daniel Perreau (twin brothers,) who were tried in 1775, and executed for a forgery upon Mr. Adair. These persons so nearly resembled each other that Mr. Watson, a money scrivener, who had drawn eight bonds, by order of one or other of the brothers, hesitated to fix on either, in consequence of their great personal resemblance; upon being pressed, however, to make a positive declaration, he at length fixed upon Daniel. The name of these unfortunate men is familiar to the public, from the well known exclamation of our late king, upon being asked to pardon Dr. Dodd, "if I save Dodd, I shall have murdered the Perreaus."
Upon the subject of personal identity, a curious question has presented itself for discussion, which requires some notice on this occasion—the degree of light which may be necessary to enable an observer to distinguish the features, so that the person maybe hereafter identified? In a case which occurred in France in 1809, of a person shot in the night, it was stated that the flash of the pistol enabled the witness to identify the features of the assassin. The possibility of the statement was referred to the physical class of the Institute, who reported against it. Still, however, M. Foderé, who relates the circumstances, is inclined to believe that, if the persons be at a small distance, and the night be dark, such an event is by no means impossible. (Med. Leg. t. i, p. 28.) The following English case may be here introduced in illustration of the question. "John Haines was indicted, January 12, 1799, for maliciously and feloniously shooting at H. Edwards, T. Jones, and T. Dowson, Bow-street officers, on the highway. Edwards deposed that, in consequence of several robberies having been committed near Hounslow, he, together with Jones and Dowson, were employed to scour that neighbourhood; and that they accordingly set off in a post-chaise on the evening of Saturday, November 10th, when they were attacked near Bedfont by two persons on horse-*]*
