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MURDER TRIAL.
Montaged feruan Page 20
darling and was ADS
King's Building.
[July, the stabbing having occurred | somewhere miter 8p.m. The injur
ed mag had walked about a long time after the injury, and when ha|| got to the hospital did not appear to be in serious condition at all. About 10 or 11 p.m. ha worsened so quickly that the Doctors decided. Jupan an immediate operation. They had given him morphia, soð informed the Police by islephone |that no depositions could be taken
then.
Mr Justice Wood: This is all in evidence. I suppose
Yes.
The Attorney General: And next morning, about 9.43 on July 2nd, they informed the Police that depositions could then be taken.
The Chief Justice: Could and! (should.
The Attorney General. Could jand I suppose should too,
The Police officer in charge of the Jesse then had to get the prisoner. He had to secure the attendance of a Magistrate. He had to fill up the for. He had to collect a number jof men for an slentification parade, jand he had to go down to the Gov. ezument Civil Hospitul' with this 11. That all took time. At about Hi a.m. prisoner was served with the notice and the depositions were taken. The inglical others were | quite ncertain how the man's |wound would develop, but it would not have been advisable to delay Jany longer. As a matter of fae: thei man dit Fint de until about 11c hours later. There
WAS
to request on the part of the prisoner for any delay or for any opportunity to obtain legal as- aista bre The submission prisoner's counsel was that ther could only construe the words "reasonable time" from the points of view of the person accused. That was an impossible construc- tion.
They must have regard to all the circumstances of the case Notice was reasonable if it was reasonable in view of all the circumstances. It must be rea- sonable to the prisoner, but have regard also to the fact that the man lay at the point of death, and if they were going to get the state- ment at all they must get it within the next few hours. À man might be taken to hospital at midnight and die before morning. The suggestion had been made that the zeensed abould have the opportunity of obtaining legal as- sistance.
The Chief Justice: In Harris' case the judge held it was not essential.
The Attorney General: And in this case prisoner clearly did not want it, because he did not have legal assistame at the magistracy. nor did he ask for it at his trial. Nothing in the section saya he should get legal assistance. Such a provisión would render the wable section rugatory in a case where a badly injured man was admittedatnight. My learned friend Mr Jenkin all b
not suggests that to give no interval ble to nontribute anything nutqin between notice and taking of the ment ne to what whe remouble | deposition is clearly, unreasonable. Dome. He saw the dañe dlho, ka to 1 submit that it is clearly not a5. proper not we wi pize Take two cases, one of a man ad- coperton person ab, up to make, a lot sime doubt and here won 15. mitted on the point of death`and,
In further artament de fibief who to speak at all most speak with the musisk of the sermo. Justion, reivered by the two logr at once, and the other of a pri- B-a-6 tim mast mesa fatween the faldg of ti- tate-soner in custody for a long time, |that the person against whom the went and the comment who bas been charged and knows That t... 14 in the Police Court busring." which the allegations against him. to that for Me 15 m-t bave defendant would base bone to enim Supposing in his case
elware to Teder his position with in wla dzel witness is about to die, to und the dead man's evidens but hear his testimony five minutes Levee hitu. The porno almet to be | M- Jenkin sud they would not rear notice to the prisoner would be used must be treated as perfectlyeler what happened at the bed quite sufficient, or even two. The iconrent, and therefore knowing are Without proper motive the mere fact that the notice is short, nothing of the reason for his bein! | were not entitled to ross the is not enough in itself to make it there. When the statement in this threshold of the ward.
unreasonable if the other circum- case was taken, prisoner was, in the
Tog Chief Juches said stances of the case show the time presumption of the law, inporeat.
that apart from this he
rase is reasonable. In this case I think would toke "reasonable that do show that. I think they notice to be sufficient time to allow show that prisoner was not pre- a man to be present.
judiced in any way. After all
11
في المدار سالم
3
Mr Jeakin went on to quote several civil cases, to show that depositions taken without gising me party reasonable time were not Mr Jenkin replied that the abject the whole intention of this section admitted. In civil cases it was not of the procedure was to protect the that the prisoner. as far as permitted to say to a man, "This accused man, not to enable the possible, should have man is about to make a statement. Crown to get evidence. He pointed portunity of potting his case to Da peir peril you must question nut that if proper police was not the dying man and as far as pos him, and box much less could į possible the evidence was not psible shall not be prejudiced. such methods he permitted in cessarily shut out. It could be got
criminal cases?
24
Up-
The Chief Justice: In a case
in other wags, viz, be dying deeler-where they cannot give sufficient Mr Ju-lice Wood: Supposing aetion. ruan died the same day.
for not at alt
Mr Jenkin: It rout
notice to allow accused to attend,
Mr Jenkin's third point was that the dying man's statement can be The Carl Justice His statement the serting respaired the Mazistrate weid bare to be taken that slap to add to the depositions a caption but then prisoner would have had admitted as a dying declaration; toting the reason in taking the the privilege of having had no taktatetheat of a person giving 20- properly that day or not at all. formation of an indictable flence."opportunity for cross-examination,
The Chief Justice confessed He submitted that the caption{ himself unable to say what length must state the particular cffence. did get some opportunity.
whereas in this present case he
The Attorney General resumed
of time would be termed reasonable and quoted the complete captions that it was not so, as Mr. Jenkin
in these matters. It seemed diffent used at home.
tions,
to lay anything down. Would they call half a day reasonable? interesting authorities.
Mr Jenkin quoted a number of claimed, that there were other ways of getting this evidencé. Supposing a man was suspected of The Attorney General said by There was no other way. It war attempted murder and was given would pat the facts from a slightly not easy to induce a man to be half a day's notice to attend the different point of view from that lieve he was going to die and to taking of the injured man a deposi- taken by Mr Jenkin. As usual in make a statement and it was only And supposing the latter such cases, the Police kept in possible to admit a declaration then said, "This so did not wound touch with the Hospital. Ohvusly when it was quite certain that the me, but be robbed me after I they were dependant on the opinion man would die.. There was no WAT Was wounded." Then while the of the Doctors as to whether of putting in a deposition except. notice might have been sufficient it was necessary to take the deander this section. He thought to allow the suspect to Cross-positions as to whether it was prisoner had not been prejudiced examine on the charge of wound- | possible or desirable in the state of in this case.. It was evident that | ing, would it be deemed suficient health of the injured man. At he must have known thedaliera- for him to connder the new charge frat the Doctors thought that no tion spainit him, keaslian
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