ما
would give evidence as to the following facts :-
(1)
(2)
7.
That your Petitioner threw or pushed all the
children into the nullah including Michael Pine.
That your Petitioner seized Mery Pine by the
neck and threw her into the nulleh.
That the witness Mary Pine was taken ill during the
course of the said second trial and was unable to give evidence.
8. That at the second trial evidence was given by a
witness who had not been called at the 1st trial, namely, Doris
Fine, mother of Mary Pine, to the effect that she had examined
her daughter Mary after she had been taken out of the nullah on
the 22nd day of June and found that she had cuts and bruises all
over her body. Further she had observed two peculiar marks on
the right side, low down on Mary Fine's neck.
9. That the following grounas of appeal, both on questions
of law end on questions of facts, set out under this paragraph
hereof were raised by your Petitioner before the Full Court.
a..
Questions of law.
(1) That the learned Trial Juúge His Honour the Chief
(11)
(111)
Justice wrongfully refused to withdraw the case
from the Jury at the close of the case for the
Crown on submission being made to him that ther
was no evidence to be left to them.
That the learned Trial Judge should on the Crown's
-
failure to produce the witness Mary Fine
-
have
discharged the Jury and ordered a new trial.
That the verdict was against the weight of the
evidence.
(1V)
That in the absence of the Crown's witness
Mary Fine
the evidence of Mrs. Fairburn was
4