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jury xxgickxxxxxt might not believe he was joking and might
convict. If a false defence is raised, if Potter is right,
the evidence of Zimmern and Christie is not admissible, and
therefore there cannot be a conviction.
"Bridging the gap": Unless there is direct evidence
there is always a gap to be bridged. In Armstrong's,
Seddon's, Smith's, and Lamson's cases there was a gap.
In this case there was no reliable conjecture x in the
true sense: there are always fanciful possibilities.
In such a case as at present, if the person incited
is sent out of the Colony, how can you get a conviction
if such evidence as is here objected to is excluded.
Evidence that Lau was the agent of the Prisoner:
1.
2.
3.
4.
Lau was Prisoner's chauffeur.
He was under an obligation to the Prisoner, was was
prepared to assist him in the murder of Fung.
He had procured two men who were watching Fung,
on the th March.
An attempt was made on the 19th March, which Prisoner
knew on the morning of the 20th karon.
Wood.P.J: Only points 1 and 2 tend to show that Lau
was the Frisoner's agent.
Cheldon: I am giving the evidence that the Prison er
murdered the deceased through Law.
5.
6.
7.
The Prisoner had men employed by him to have Fung put
on the spot. It was Lau's men who did put him on the
spot.
A syringe was found at No.17 Men Chung Yong.
The
risoner knew that Fung was to be murdered on
the 24th March. That is the Amah's evidence: De s.p.49.
Frisoner did not ask who had told her that Jung was
shot.