-5-
117
The
power of observation to form a definite opinion about him.
state of his hair, high cheek bones, sunken cheeks. She was able
to identify him at the police parade on 9th July and independent
of that was able to pick out the type of hat he wore and the sort
of garmente which he had on.
She saw two children thrown in but knowe nothing and
deposes as to nothing regarding the other children.
The learned Counrel for the Defence who has conducted the care, if I may ray so, extremely well, and with the modicum of propriety which this Court is accur toned to from him, has rather
condemned Mrs. Fairburn, not on the ground of her not telling
the truth, but rather on the score that she saw so little that
there could be nothing for her to say. It is a perfectly proper
comment to make but I don't think gentlemen, it is an important
thing. You are not bound necessarily to accept that as the only
theory about re. Fairburn'e observation, because it is possible
that if a lady going down to town, expecting nothing of the sort,
suddenly has her attention attracted by screams from children
and sees a deliberate and diabolical assault on two little
children committed by a man who jumpe in himself - it is quite
possible it would not dawn on her that more than two children
were involved. It is the instinct of anyone like Mrs. Fairburn
to run to No.1 bridge and see what she could do for the children. If you accept that as a possibility then that explains why Mrs. Fairburn did not go up the Battery Path from the recond bridge to the first with her eyes glued on the nullah to see what was
When she got there happening to the other people. there yesterday morning it was pointed out that when you are at No.1 bridge you cannot see anything of the nullah between No.1 and No.2 bridges except that little space on the far side in which it was suggested there might be little if any water running at
that time.
G
we were