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others, but fairly close, and they use to go up in the
hills. You have to decide whether you think Franzel
Penn is a witness of truth, or you think he is just
trying to pull himself out of the problems and remove
all shadows of him being a "weed smoker".
So if you
find that he is a dishonest fellow, you have to
consider his evidence, because he says that the
accused knew that he was going away to St. John.
Is he a truthful witness or not? If you accept
Franzel Penn, we have to move on from here, you will
gather that the idea is that the deceased slept alone
at her home that night. The Crown tells you further
that on the morning of 19th, 7.15 a.m. 7.30 a.m.
Allan Brown said he saw the accused standing on
a round stone locking in Evelyn Rabsatt's direction.
Members of the Jury, you have to decide if you accept
that, or whether Allan Brown is just trying to put this
fellow in problems, because you see, it was suggested
to you that Allan Brown and the accused were not so
good. There was this little dispute over the pit
toilet. Brown didn't want him to use it and the
accused used to use it sometimes to Brown's annoyance,
so Brown put a lock on it. So there's the problem.
You have got to determine now, is Allan Brown putting
in this little spot of evidence there to colour the
picture in favour of the Crown to say that this man
was planning, surveying the scene, watching to see
who is coming, from who is going, before he goes to
attack; that is what the Crown is going to want you to
believe, that he was surveying, looking for his moment.
The Crown brings Etheleen Thomas and Wheatley.
They
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