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DECISION BY THE CHIEF
JUSTICE.
The Chief Justice: As regards the first point. Mr. Larkins' evidence being in- admissible as 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 te its inadmissibility one other.
way or the 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 his objection to evidence going in-whatever the reason may be and contends afterwards that it is inad- misible.
Mr. Jenkin: I respectfully submit I bad 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 jury convicted, it would have been a loop hole for quashing the conviction. quite possible that a conviction might have It is been quashed as a result. drew your objection I do not consider As you with- that is a ground for granting your Application.
As regards the second point-the Attorney-General handing. Court some document-I did not read it. up to the Even if I had, I have made no reference to 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 case.
• As regards the third point-mis-diree- tion in reply to questions by the Jury- I see no mis-direction whatever in it. My direction to the Jury was that if they accepted the evidence of Capt. Morgan as whole they would be entitled to convict beyond reasonable doubt. They now ask me if they have any right to convict, irrespective pf the fact of whether he fed the shot fired or not
The Attorney-General: At this stage, I should like to refer to Capt. Morgan's evidence. He did not actually, see the prisoner fire the shot. He saw a there; he saw the smoke.
man
Mr. Jenkin A wisp of smoke, and he Dever saw him throw away the revolver and there is evidence, contra, 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.
Bir. 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 t
The Chief Justice: I see no reason whatever to suspend it. I shall certainly pasa sentence upon him,
Mr. Jenkia: Certainly my Lord; if that is your Lordship's opinion I sha!! sit down.
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