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witnesses.
It secures the witnesses were
Man sanzo very suspicions that found at once
Chan he identified the accused because he saw him that night. It will be remembered that he said he saw the robber
into
Coming down, he got a side lane. He does not say that the thieves then had
thieves passed any torches. The
over the bridge, five, six turned back on witness and his fohkis. The evidence on that point is as follows: "I could
distinguish, see the faces of these who turned back. It was moonlight. They had lighted torches with them. They had lighted paper torches." "It is not likely that the thieves would have lighted torches nor is it probable that one watchman and three fohkis would have attacked about 60 robbers. The witness says he was wounded, he fell down, and became insensible, and yet he is able on the 29th June to recognise a man he says he saw under these circumstances on the 9th November.
17. These are some of the reasons which after examination of the evidence lead us to state that it is weak and very doubtful cases.
18. And it would have been satisfactory to the Governor in Council, had this evidence been considered by a Magistrate.
19. More experienced in sifting evidence than Mr. Mitchell-Innes, I do not wish in the least to cast any reflection on Mr. Innes' abilities, but it must be remembered that in coming to a decision on eastern evidence, the question is not what conclusion am I to draw from this evidence, and is the evidence put forward sufficient to convict? But the first question which confronts a Judge, Magistrate, or Juror is: Am I to believe any part of this evidence? What credibility am I to attach