- 7-
Accused threw in other two children.
Submitted that any one of these sufficient for a verdict.
So much for 1 and 3.
2.
Discharge of jury relies on 2 C.A. p.181.
Lewis case
Discretion of Judge.
Windsor V.
1866 L. R. 1 Q.B. p.289.
Discretion of judge.
Archbold 231.
Roscoe 15th Edition 304-308.
Absent witness 305.
257 Postponing.
Hailsham Vol.9 p.276 para.402.
Mrs. Fairburn's evidence
67
Adjourned at 4.15 until Thursday the 11th
at 10 a.m.
Thursday 11th Oct.
Resumed at 10 a.m.
Point of law.
Res gestae.
Lrs. Fairburn's evidence.
Point should have been raised at the trial.
The court should not deal with it.
Admissable.
As part of res gestae.
As to how appellant got into nullah.
To rebut evidence of accident.
Hailsham
Vol.XIII p.528 529 and 551.
One transaction. Latter part of para.620 important.
Phipson 7th Edition pp.56 and 68. Accompanying facts.
Armstrong's case. XVI C. A. 149 and p.159.
Prima facie case established apart from Mrs. F's evidence.
D. depressed • excited
-
with drink had considered suicide and
murder. All in water together. Conduct in tunnel guilty
knowledge.