291
witnesses.
It secures the witnesses were
Man sanzo very suspicions that found at once
Chan he identified the accused because he saw him that night. It will be remembered that he said he saw the robber
into
Coming down, he got a side lane. He does not say that the thieves then had
thieves passed any torches. The
over the bridge, five, six turned back on witness and his fohkis. The evidence on that point is as follows: "I could
distinguish, see the faces of these who turned back. It was moonlight. They had lighted torches with them. They had lighted paper torches." "It is not likely that the thieves would have lighted torches nor is it probable that one watchman and three fohkis would have attacked about 60 robbers. The witness says he was wounded, he fell down, and became insensible, and yet he is able on the 29th June to recognise a man he says he saw under these circumstances on the 9th November.
17. These are some of the reasons which after examination of the evidence lead us to state that it is weak and very doubtful cases.
18. And it would have been satisfactory to the Governor in Council, had this evidence been considered by a Magistrate.
19. More experienced in sifting evidence than Mr. Mitchell-Innes, I do not wish in the least to cast any reflection on Mr. Innes' abilities, but it must be remembered that in coming to a decision on eastern evidence, the question is not what conclusion am I to draw from this evidence, and is the evidence put forward sufficient to convict? But the first question which confronts a Judge, Magistrate, or Juror is: Am I to believe any part of this evidence? What credibility am I to attach
291
witnesses.
It secur
the witnesses were
Man sanzo
very suspicions that found at once
Chan he identified the accused
because he saw him that night. It
will be remembered that he said he
saw the robbero
into
Coming
down,
he got
a side lave. He does not say that
the thieves then had
ед
thieves passed
any
torekes. The
over the bridge, five.
six turned back on witness and his
Johkis - Tho
Thuce fohkis .
evidence on that
point is as follows : _ I could
-
" distineth, see the faces of these who
"turned back. It.
tvas u
moonlight
They had
tve
" had lighted torches with
tro.
"lighted paper tercher." "It is not likely that the thieves would have lighted
torches nor is it,
nor is it probable that one.
watchman and three fohkis would have attacked about 60 robbers. The witireso
says
he was wounded, he fell down, and became insensible, and yet he is able on the 29th June to recognise
a man he says he saw under these circumstances on the 9th November.
aw some
17.
These
of the reasons
which
after e
examination of the
evidence lead use to state that it is
Q
weak and very doubtful
cases
18. And it would have been, Seubmit,
може
satisfactory to the Governor in Concil, had this evidence been considered
by a Magistrate.
sifting
19.
ate more experienced in evidence than Mr. Mitchell-Ines I do not wish in the least to cast in
on Mr Imes' abilities,
any reflection
but it must be remembered that in
Corning
lo
decision on eastern
avy
evidence the question is not what
I to draw from
conclusion am
this
evidence, and is the evidence pect forward sufficient to convict? But = the first question which confronts to Judge, Magistrate, or Juror is Am I to believe any part of this evidence? What credibility
ave
I to
attach
T
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