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DECISION BY THE CHIEF JUSTICE.
The Chief Justice: As regards the first point. Mr. Larkins' evidence being in- admisible- I say, I might have re- jected it but for the fact that you with- drew the objection to it. Had I rejected it, no question could have been raised as to its inadmissibility one way or the other. I am not saying you have not power to do it, but it is quite novel to me, when counsel representing the accus- ed withdraws bis objection to evidence going in-whatever the reason may be and contends afterwards that it is inad- misible.
Mr. Jenkin: I respectfully submit I had no option but to withdraw on your refusal.
The Chief Justice: I objected to re serve it for the Full Court because I thought it unnecessary to do so. Had it gone, as you suggested it should, and the Jary convicted, it would have been a loop, hate for quashing the conviction. It is quite possible that a conviction might have Seen quashed as a result. As you with- drow your objection I do not consider that is a ground for granting your application.
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As regards the second point-the Attorney-General handing up to Qurt some document-I did not read it. Even if I had, I have made no reference Lo it whatsoever to the Jury nor did I. in any way, reflect--in questions to the witnesses upon any statement they made to the police, that would have the slightest bearing on the coac.
As regards the third point-mis-direc- fon'ip reply to questions by the Jury- 1 so Do mis-direotion whatever in it. My direction to the Jury was that if they accepted the evidence of Cant. Morgan as a whole they would be entitled to convict beyond reasonable doubt. They how ask me if they have any right to convict, irrespective of the fact of whether had the abovféred or not
The Attorney-General: At this stage, I should like to refer to Capt. Morgan'a evidence. He did not actually, ses the prisoner fire the shot. Ho saw a man there he saw the smoke.
Mr. Jenkin: A wisp of smoke, and he neter saw him throw away the revolver and there is evidence, contru, that some- body else fired the shot. Running away is
not murder.
The Chief Justice (continuing his reply to Mr. Jenkin); You have your remedy in a petition to His Majesty's Privy Council. I see no reason whatever for reserving the point.
Mr. Jenkin May I apply to your Lordship-I do not quite know what is the usual practice that the judgment on this man be suspended while I make this application 1
The Chief Justics:
I see no reason whatever to suspend it. I shall certainly pass sentence upon him.
Mr. Jenkin: Certainly my Lord
that is your Lordship's opinion I sit down.
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