08
1
14
TAR ORLA sat
CJ
24
81
seeing 2 men running together followed at some distanos by the prisoner; and that ons of the 2 wen threw something (afterwards discovered to be a revolver) into the garden from the Des Voeux Road side of the garden.
-
The case for the defence was apoker to by a number of witnesses who placed the prisoner in the innocent capacity of a man who like others was running in pursuit of the real murderer, one of 2 men who threw the revolver into the garden.
The witnesses for the defence were corroborated in mate- rial particulars by Fung Chi, the soxswain of a Fire-float whe was one of the Crown witnesses. I entirely disbelieved this witness however, and I specially invite attention to the ans- wers given to a number of questione put by myself.
The prisoner went into the witness box and gave the sere story as was subsequently sworn to by his witnessee, I drew the jury's attention in my summing up to the evidence of the defence in detail. The evidence appears in extenso in my notes herewith, and I deem it unnecessary to recapitulate it in detail. The jury rejected it as a whole, and I entirely agree with their finding.
There is one incident to which I desire to draw attention. From the Press report, which I attach, and which is substan- tially correct it will be seen that the jury after an sheenoe of some half hour and before giving their verdict put a ques- tion to me to the following effect.
Question. The ForemanI
·
We understood you to say that if we
have no reasonable doubt that the man Captain Morgan saw leaving
the rear of the ricksha is the prisoner in the dock we can find
him guilty.
Answer. The Chief Justice
W
That is exactly whet I did say. Irrespective of whether he saw him fire
ten bið gi
Question. The Foreman
#
the shot or not.
Answer. The Chief Justice
-
T
WMONJE
-nit.js
Taking the whole of Captain Morgan'a evidence if you have no resson to doubt the truth of it, you should find him guilty.