-3-
140
7
8.
9 & 10.
11.
at the hearing. These documents and grounds (so far as they
were ultimately relied on), are sufficiently set out in the
judgment of the Pull Court hereinafter referred to. A print
of Ordinance No.5 of 1933 governing appeals in criminal
proceedings to the Full Court is sent herewith.
(9) The appeal (leave to appeal on questions of fact being
immediately granted) was heard on the 8th, 9th, 11th and 12th
October, before a full court of two judges, Jacks and Hayden,
J.J., Jacks J. presiding. Judgment dismissing the appeal was
delivered in open court by the president on the seventeen day
of October 1934. A copy of the
the
judgment is sent herewith, and
and Hayden J. respectively
a copy of the notes of Jacks J.
made at the hearing. It should be noted that the date "18th
October " on Jacks J.'s notes and on the judgment is erroneous.
The judgment was in fact delivered on October 17th. It is
considered that reliance may be placed on the fuller notes
i.e. those of Hayden J.
shorthand note of the argument is
al so forwarded. Attention is invited to para. 6 hereof.
(10) It should be pointed out that the copy of the trial
judge's summing-up before Hayden J. at the appeal, and those
copies to which Counsel referred in their argument, contained
an error in page numbering, "8" following immediately after
11611. In Jacks J.'s copy, the corresponding page was correctly
numbered "7". Owing to this any reference to a page beyond
page 6 of the summing-up in Jacks J.'s notes appears, if the
error be overlooked, to conflict with mayden J.'s. References
to pages of the summing-up in Jacks J.'s notes have according-
ly been altered in red ink in the margin, and the copy of the
summing-up sent herewith intentionally retains the original
error.
(11) On the eighth day of November 1934 the Governor in
Council considered a public petition on behalf of the