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3.
4.
5.
6.
discharged. No further reference need be made to this
trial.
(4) The applicant was put buck to the end of the
Calendar, and on the fifth day of September 1934, a special
jury having been empanelled, he stood his trial on the same
indictment before MacGregor C. J. He again pleaded not
guilty, but after a three days trial was found guilty by
the special jury, who added a strong recommendation to
mercy, without giving my grounds therefor. The applicant
was sentenced to death.
(5) It should be noted that at this latter trial Counsel
for the Crown opened to the Jury the evidence of the witness
Ilary Pine (see the depositions), and also her further
evidence, a copy of which was served on the prisoner, and
a copy of which is sent herewith. Before the witness could
be called she was taken ill, and the court refused an
adjournment.
The case went to the jury without her evidence
The matter was dealt with by the judge in his summing-up
(2.v.)
(6) A copy of the notes of the trial taken by the trial
judge and a shorthand report of his summing-up are sent
herewith. It is convenient to observe at this stage that
the shorthand notes forwarded with these instructions do not
attain the standard to which the Courts in England are
accustomed.
(7) On the twelfth day of September 1934 MacGregor C. J.
sent his report of the trial to the Governor of Hong Kong,
a copy of which is sent herewith.
(8) On the fifteenth day of September 1934, the applicant
filed a notice of his intention to appeal to the Full Court
of Hong Kong on a question of law, and to apply for leave
to appeal on questions of fact. Further grounds were added