55
great coincidence
if the other 3 children all fell in
.
together, the other 2 having been thrown in by Accd.
Struggle in tunnel & attempt to escape from Hospital
might have been consistent with innocence.
CJ.
Re 2nd. ground i.e. that C. J. should have discharged
Jury when 1.F. did not give evidence.
R. v. Vinsor (1866) 1 L.R, Q.B.D.
p.289.
Power to discharge Jury in Judge & Judge has discretion
which cannot be reviewed in Ct. of error.
R. v. Lewis 2 C.A.R. 180 - on same point. This
court has no power to interfere with discretion of trial
Judge if properly exercised.
Archbold 28th Ed. p.231.
15th Roscoe p.304 308 refers to heading of absent
witnesses.
Roscoe p. 257 - open to defence to apply for postponement
of trial.
9th Halsbury p. 276 para. 402.
ADJOURNED TO 10.00 A.K. ON 11.10.34
11/10/34
James J. Hayden. 9.10.34
Same Counsel & Solicitors (Appellant not present)
Mr. Fraser - Last point of law not raised at trial
should have been. Not competent to this Court now to
deal with that point. Mrs. F's evidence admissible as
part of res gestae, to shew how Accd. got in nullah
& to rebut defence of accident.
Law on res gestae 13 Halsbury p.p.528 to 529 at
p.551 suggest Mrs. F's evidence all one transaction.
7th Ed. Fhipson.
at p.63.
p.50 - Accompanying facts also