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considerable quantity of water was flowing.
(b) That your Petitioner was also on the bridge at the same time.
(0)
That your Petitioner picked up all the children including the deceased Michael
Pine and threw them over the bridge into the nullah and then jumped in himself.
(a) That five children were seen in the nullah and all the five children were
rescued alive but that Michael Pine died later in the same day from a fracture of the
skull consistent with a fall into the nullah.
(e) That your Petitioner on the same day and approximately the same time, was found
standing with his back against the wall of a dark portion of the tunnel which was a
continuation of the nullah.
(f) That your Petitioner struggled and bit Witnesses who brought him out of the
tunnel and attempted to drown himself by deliberately placing his head under water
while being carried face downwards from the tunnel
(g) That among your Petitioner's effects contained in a basket found at your
Petitioner's temporary abode were certain letters which might have been written by
your Petitioner and which showed homicidal tendencies, but that many other people
had also had access to the basket in which they were found.
(h) That your Petitioner arrived in the said Colony of Hong Kong from Swatow on the
21st day of June 1934 with only two dollars Hong Kong currency in his possession and
was in a depressed state of mind
(1)
That the Witness Kathleen Fairburn saw two only of the children thrown into
the nullah and that in her opinion neither of the two children she saw thrown in was
Michael Pine.
(3) That the only witness of the alleged throwing of Michael Pine into the nullah
was his sister Mary Pine who stated that she saw all four children thrown in one
after the other and was then herself picked up by your Petitioner and thrown in.
5. THAT your Petitioner was again tried on the said charge set out in the said indictment
before the said Chief Justice and a Special Jury on the 3rd, 4th and 5th days of September 1934
and such Special Jury returned a verdict of guilty against your Petitioner upon the said charge.
6. THAT at the said second trial on the 3rd, 4th and 5th days of September 1934, the said
Assistant Attorney General Mr. J. A. Fraser in his opening informed the Jury that Mary Pine
would give evidence as to the following facts:-
(1)
That your Petitioner threw or pushed all the children into the nullah including
Michael Pine
(2) That your Petitioner seized Mary Pine by the neck and threw her into the nullah.
77. THAT the Witness Mary Pine was taken ill during the course of the said second trial and was
unable to give evidence.
8. THAT at the second trial evidence was given by a Witness who had not been called at the st
trial, namely, Doris Pine, mother of Mary Pine, to the effect that she had examine her daughter
Mary after she had been taken out of the nullah on the 22nd day of June and found that she had
outs and bruises all over her body. Further she had observed two peculiar marks on the right
side, low down on Mary Pine's neck.
2.