71
find by way of inference that he did actually fire the ehot.
It is submitted, however, that the summing up was so full and careful that the jury could not have been misled by this omission, and that the question of the ury must be taken to have been simply an enquiry as to whether direct evidence of the firing of the shot by the prisoner was necessary. Its obvious that if Captain Horgan was to be believed and if his accuracy was to be trusted the only person who could have fired the shot was the solitary person whom Captain Morgan saw standing behind the ricksha with a wisp of smoke in front of him and who ran away "desperately" immediately afterwards. That, no doubt,
is what the Chief Justice meant when he said, "Taking the whole of Captain Morgan's evidence, if you have no reason to doubt the truth of it, you should find him guilty."
Attorney General.
19th April, 1922.
SUPPLEMENTARY.
14.
In giving his decision on the motion in arrest of judgment the Chief Justice referred to his refusal to re- serve the question of the admissibility of Mr. Larkins's evidence.
In doing so he made the remark that it would possibly have been a loop-hole for quashing the conviction.