49
3.
I enclose in triplicate two files.
One contains a copy of my notes of the evidence and
proceedings on the trial, copies of the depositions
of two absent witnesses which were read at the trial,
and a transcript of a shorthand note of my summing up.
The other contains the notes of the two judges in the
Full Court and our judgments. I also enclos
single copy of a transcript of a shorthand note of
Mr. Lindsell's opening. I have made few minoT
alterations in the transcript note of Kr. Lindsell's
opening, some in order to correct slight inaccuracies,
some in order to prevent certain possibly misleading
implications, and some because in a few instances
witnesses did not repeat the evidence which they had
previously given or were expected to give, I fear
that it is impossible to give a short summary of the
facts in this case. Mr. Lindsell's opening gives
a full and clear statement of the
from the Crown
point of view, and the first six pages of the Puisne
Judge's judgment give a useful complementary analysis
of the evidence.
4. The main attack of the defence was
di rested at the evidence given by Zimmern and Christi
and the case practically turned on this evidence.
The attack was threefold. In the first place, that
part of the Zimmern and Christie evidence which tended
to prove that the prisoner incited Christie to murder
Fung was objected to as inadmissible. I admitted
it and the Full Court supported that ruling and the
evidence must be assumed to have been rightly ad-