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the
THE CITIZENS" IGNORANCE OF "EVIDENCE IN LAW"
BY RICHARD C.B. HOLTON
evidence to rebut the former evid- ence. Evidence as to the motive of a crime is always given where possible.
Many people have asked me from time to time to write an article explaining as simply as possible
Evidence and ethics of
its application in an English Court of
The rule as to Best Evidence is Law, I therefore use the medium that all evidence tendered must of this good paper to enlighten be the best obtainable under the those to whom this subject was, circumstances, and any witness beforehand somewhat vague,
who offers an Inferior type of evidence when the better is ob- tainable, leaves himself open to judicial censor.
41
mere
Evidence as to Hearsay is 'what one person states he has beard another person say about an ac- This is inadmissible 3.9 cused."
to allow such, evidence, because
Let me first of all give you the dennition of the word-Evidence, we shall then analyse it and work from there. "Evidence; is all the
exclusive of legal means argument, which tends to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation" By this.in all cases would be unfair, and we know there must be various they are usually out of hearing of laws of evidence' and these are the accused who would have no contained in different statutes opportunity of cross-examining the or having the statement covering a lengthy period. The witness budk of these laws consist of rules made on oath. declaring what is not evidence.
Now we come to what is known as, the Rules of Evidence. These are the rules which regulate the mode by which questions of fact may be determined for judicial purposes. The intention of every criminal trial is to determine two types of questions-questions of fact' and questions of law.
When a person pleads guilty there is rarely any question of fact, and if he pleads not guilty' two questions are raised. 1. Did the alleged facts placed against him happen? 2 If they did, what are their legal consequences? These questions are answered by wit nesses, the jury, under guidance of the Judge find the facts and the judge lays down the law.
THE REASONS
PUBLIC AUCTION.
THE Undersigned have received Ttructions
TO SELL BY
PUBLIC AUCTION
ON
WEDNESDAY,
SEPT. 8, 1997
COMMENCING AT 11,40 A.M.
AT "SUI HEONG YUEN " GODOWN, MONGKOK (For Account of the Concerned)
48 Casos Canned Bamboo Shoots 27
50 Cases Fresh Water Chestoste 86 Kegs So Thin
87 Kegs Boy Thick 23 Bags Green Beau
124 Bundles (each 2 bags) Green
Вени
(All More or less damaged)
"DIRECT EVIDENCE” Undoubtedly. the best type 02 evidence is "Direct Evidence" and Is that which is given by a wit- ness who testifies he saw, heard, or perceived with
the any of senses, the actual fact in disputé. This leads us to Indirect or Cir- TERMS CASH ON DELIVERY.
Evidence: which cumstanial
LAMMERT BROS.,
AUCTIONEERS.
do-
for the 13-
that, not of the actual fact to be proved, but of other facts from which the main fact can be pre- sumed with more or less accuracy. that Documentary Evidence; is founded upon true certified cuments produced spection of the court.
Expert Evidence is usually in' the form of an opinion given by an expert on his art. sclerice or Hand- profession. Evidence of writing is the hand writing of any person that may be proved by the opinion of an expert, but it can also be proved by any person who has seen the writing of an accus- ed: or by any production of corresponderice over ย lengthy period and by comparison..
REAL EVIDENCE
Real Evidence, is that in the form of any article or thing which is directly connected with a case and a witness must testify as to his reasons for producing it.
MAN'S 27 YEARS IN CHAINS
22
Living Death"
Torture Revelation Shocks Egypt
A man who has spent the last 27 years chained up in a smáli,
windowless room in a Cairo house has just been rescued from his living death by the police.
The story of the torture endur- ed by the man, Moh med Henaf Salah. Eddin, a former Egyptian
all
These rules exclude certain types and defne what shall be admis sible. The reasons are these:--It assists the jury; It secures fair play to an accused: It prevents waste of time: It protects absent persons. The principle connected with these are: What must be proved: Facts" assumed to be known: By which side proof must be given; What statements shall be tendered; Who may give evid ence: What questions may not be answered and what evidence need not be produced. Only the nucleous of a charge need be proved that the alleged offence did take place and that there is sufficient evidence to prove guilt.
Considering whose burden' it is to prove a fact there are two rules to note: Every person must be assumed innocent until their gulit is proven; He who alleges a fact must prove it; therefore the 'onus* Corroborative Evidence: is the of proving often rests with the independant evidence of a witness prosecution. In some cases how- or thing which tends to supported easily, with one exception. This ever the responsibility (onus pro- the truthfulness of evidence al- bandi) is said to shift (shifting ready received. the burden) on the accused in King's Evidence: Is the evidence that he has to disprove what is of an accomplice in crime, ac- said by the prosecution.
cepted against his companions in Here we
come to Relevancy. guilt, but such evidence must be Under this rule-everything offered corroborated.
Secondary Evidence: is based on the production of a true cer- school-master. has shocked tifled copy of any document or Egypt. thing, and proof must Be given to show that it is impossible to produce the original, owing to its
lost,
in or
the being
hands adverse
In party. of the addition to producing it the wit- Dess must testify as to its con- tents.
I
A HORRIBLE 'SIGHT
He was discovered in the "lving tomb" in" which, it is alleged, he had been imprisoned since 1910 by his brother, by the police while they were carrying out an inven- tory of the brother's house follow- ing his death.
All the doors in the house open-
a
was locked and as the police could not find the key they decided to When they flashed a force it torch into the darkness of the room, they saw a horrible sight,
A
more than man-little skeleton-lay.on the floor with his hands and feet linked to the wall by heavy chalus. He appeared not to have been washed for years. His hair and beard formed one long. tangled mass.
LAMMERTS AUCTIONS
PUBLIC AUCTION.
THE
HE Undersigned has receive i
instructions
TO SELL ST
PUBLIC AUCTION
NO
WEDNESDAY,
EPT. 8, 1997
COMMENCING AT 2,30 P.M.
AT THEIR SÅLES ROOM, No. 85, HANKOW ROAD,
KOWLOON
A QUANTITY OF VALUABLE HOUSEHOLD.
FURNITURE Comprising :---
Black Wood Ware, Teak Bed Room, Dining Room, Drawing Room and Office, Furniture, Carpet, Rug, Eramel Bath, Pictures, Clock, Ornaments, Hand Sewing Machine, Electric Table Lamps, Cutlery, Glasses, Brass and E. P. Ware, Cooking, Utensils, Crockery, etc., etc.
also
One Upright Piano.
ON VIEW FROM · TUESDAY, Tax 77 SEPTEMBER, 1987.
TERMS:-CABH ON DELIVERY..."
LAMMERT BROS..
AUCTIONEERS.
PUBLIC AUCTION.
HE
Undersigned have received Instructions
TO SELL BI
PUBLIC AUCTION
ON
FRIDAY, SEPT. 10, 1937
Commencing at 2.30 PM..
AT THEIR SALES ROOM, DUDDELL STREET
A QUANTITY OF » VALUABLE HOUSEHOLD
FURNITURE
Comprising:-
Black Wood Ware, Tenk Drawing Room, Dining Room, Bed Room an Office Furniture, Carpets, Rugs, Cutlery, Glasses, Crockery, Tes Bets. Brass and Enamel Ware, E. P. and Aluminium Ware, Pictures, Ora ments, Ice Chests, Typewriter Gramophone aad Records, Electric Table Fans and Lamps, Books, Sewing Machines, Vases, Cooking Trunks. Folding Stove, Cabin
Service, Screens, Clocks, Dinner
as evidence must have a direct. At this juncture I think this is bearing on the charge and must all that is necessary for the Lay-
Knowledge of be relevant to the facts. In issue men's
Evidence that which omits this rule la appertaining to English Law. irrelevant..
sincerely hope that there are few Evidence as to. bad character is it not all who when they have
Two narrow eyes, which had not inadmissible as evidence of gulit, read this will have gained a Ettle
seen the sun for over a quarter of and Law says 'man shall not be con- knowledge
would like to a century, gazed almost felessly etc., etc. demned because he has a bad mention that a second article is out of a thin, drawn yellow face. name; but should the accused in preparation which deals with His bones, with nothing but skin offer evidence of good character theft and cognate crimes which I on them, could be clearly seen in then the prosecution
may give hope will appear at an early date.the light of the lamp.
MENTAL HOSPITAL
HANDICAP
Inadequate Staffing
Sif Laurence Brook, Chairman of the Board of Control, at the annual meeting of the Mental Hospitals Association held in Lan- don, criticised what he termed the Inadequacy of medical staming of these institutions.
INTERNATIONAL
SUGAR AGREEMENT
man
After medical treatment. the but babbled incoherently. gradually, the police began to un- derstand his story.
MISSED GREAT WAR London, Sept. 6. The ratification of the Interna- He said that many years ago he tonal Sugar Agreement signed at went to Singapore, where he London on May 8, last and the de- taught the Koran for three years. clarations under Article 4 of the When be returned to Cairo he Protocol armexed to the Agreement showed signs of mental deficiency have been received from some and was sent to a lunatic asylum. additional countries. The Govern- Here he spent his time in peaceful ments of the following countries and constant study of the Koran have ratified the Agreement:-Aus- and "other philosophical works. So tralla, Czechoslovakia, Dominican he was released and placed in the Republic. Germany, Peru, Portugal care of his brother, Sheikh Salah and the United Kingdom."
Eddin.
"As an Englishman," he marked. "I don't like to feel we are behind so many of the Con- tinental races. In Vienna there is
Declarations have been received The Sheikh was known and res-" oné doctor at the State hospital for every 180 patients. In Eng-from the governments of Cuba, pected in the district as an Ulema Haiti, Hungary, Netherlands and (doctor of sacred law) and it la land one doctor to 350 patients is quite a normal proportion in the Poland. notifying their intention to believed that he found it trouble- ratify as soon as the necessary some to have a brother who was better mental hospitals, and one
constitutional formalities have doctor to 450 or even 500 is by no
reputed to be a half-wit been fulfilled. means unknown.
According to the victim, the Under Article 4 of the Protocol, The trouble really is one of
these declarations are provision Sheikh decided to lock him up in imagination," he added, in a really accepted as equivalent to ratia room and chain him in order to ference to new methods of treat-
fication for purposes of bringing prevent hits escape. He was fed ment and new equipment. "As the Agreement Into force.
dally and was given books to race we are very slow to belleve
declarations.--.
British Wireless.
It is understood that a number read, but nobody in the district, in the kind of medicine which
of other governments will shortly not even his immediate relatives. does not prescribe a plli or does deposit their ratification or make knew where he was. not wield a lancet We want much more clinical research."
A recall to orthodoxTM medicine and surgery in the treatment of mental disorder was urged by Dr. T. C. Graves, chief medical officer of the City of Birmingham Mental Hospitals.
Dr. W. J. B. Reid, Manchester,
said that one effect of rationalisa tion in industry in his district had been that a number of older work- era had developed symptoms of hysterical blindness and neurosis.
ales
One Radio Set One Organette "Chinese Porcelain (in volume).
by Qullen
ON VIEW FROM THURSDAY, THE 9TH SEPTEMBER, 1987.
TERMS:—ÓAH ON DELIVERY.
LAMMERT BROS..
AUCTIONEERS.
A NEW SUBSTANCE
London, Sept. 8. The discoverer of heavy hydra- gen and heavy water has now isolated heavy nitrogen, which has an atomic weight fifteen times, heavier than ordinary nitrogen.
The discoverer is able to pro- duce one-third of a pint of the new substance per day.
Beuter's Bulletin Service...
The
12,000 MILE TOUR
Mohamed Henan has been com
Ottawa, Sept. 6. “Governor - Generator pletely cut off from the world during-his-"Imprisonment. He Canada-has-returned to Ottawa has never even heard of the Great after a 12.000-mile tour of North War. He says that it is thanks to and West Canada.
His Excellency followed the the knowledge of inertia which he acquired from Indian fakirs when identical trail Jald by Alexander in Singapore that he has willed | Mackenzie" nearly 100 years ago. himself to survive all these years. Reuter's Bulletin Service.