hich, as before, tallied with the prints
yund on the lamp.

O'Brian was again brought before the
istice of the peace on November 2nd,
923, at Lytton, for his preliminary hear-
ig. Mr. Devlin told the court about his
ouse being broken into and of the various
-ticles which had been stolen. He iden-
fied a knife which had been found on
1e prisoner at the time of his arrest, and
iso a razor which had been taken from
is dwelling at the same time. The lamp,
hich had been produced as the star
<hibit in the case, was identified as com-
ig from his home, and that he usually
ept it on a table in his bedroom.

Greenwood then testified that he had
rrested the prisoner and found on his
erson the knife and razor identified by
1e previous witness. He then told the
surt how he had found fingerprints on
1e coal oil lamp when making his pre-
minary investigation on August 6th, and
nat he had compared these prints with
ne prisoner’s and found that the right
ttle finger and the left ring finger prints
vere identical with those on the lamp,
nd further, that he had taken Devlin’s
rints which did not resemble these pat-
erns in the slightest degree.

On this evidence, the court committed
he accused for trial, and he was taken to
camloops to appear before a County
‘ourt judge to elect for trial. At this

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stage, O'Brian demanded a trial by jury,
and as the Assize Court was then sitting
at Vernon, the case was transferred to
that city for trial.

The trial opened on November 8th,
1923, before Mr. Justice Morrison, when
the prisoner entered a plea of “Not
Guilty”. A jury was selected and sworn
in and the evidence previously given at
the preliminary hearing was taken.

Jury Dousr EFFEcTIVENESS
oF PRINTS

The jury retired after the case was
completed and commenced their deliber-
ations. Some time later, they advised the
Court that they had some doubt of the
effectiveness of fingerprint evidence, and
that all the evidence against the accused
merely consisted of a knife and a razor
found in the defendant’s possession, and
the two fingerprints. The jury requested
permission for a demonstration to be
made so that they might see the effective-
ness of this type of evidence. The court
readily granted permission, and the. test
was made on the jury’s own terms. Chief
Constable Carter of Vernon was in-
structed to take the fingerprints of all the
jurors in the jury room, while Constable
Greenwood was excluded. When all the
prints had been taken and placed on one
side, Constable Greenwood was called into
the jury room and requested to take a
print from one of the jurymen. Green-
wood at once complied and stood there
with the freshly taken print in his hand.
The foreman then turned over to him the
sheaf of prints which Chief Carter had
taken, and bluntly told him to try and
pick out this particular juryman’s prints.

No doubt feeling that they were put-
ting Const. Greenwood to the acid test,
they were greatly surprised at the

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Page Ninety-three