CO129-271 - Governor Sir Robinson - 1896 [1-4] — Page 353

351

5.

It will be more convenient to take the second charge first.

To convict a person of an offence against section 5 of Ordinance I

of 1895,it is necessary to prove sach of three things (1) the baing

found in the immediate vicinity of any battery, fieldwork or forti-

fication (2) the being found in possession of sketching, ko,aateri1⁄2ls

or apparatus (3) the being found in possession of such materials or

apparatus with the intention of contravening the provisions of sec-

the

tioa 3 of Ordinance 1.9., with the intention of making a sketch to

A

of any battery, fieldwork or fortification..

5.

As the evidence for the prosecution proved nd the solicitor

for the defence admitted that the place where the defendants were

found was a fieldwork, I had no difficulty in finding that defendants

were in the immediate vicinity of a fieldwork: and upon the evidence"

of Inspector Butlin, I had no aifficulty in finding that the third

defendant was in possession of a note book containing sketches and

therefore in possession of sketching materials. But I could not hold

that there was any proof of an intention to skirtoh-and as it was

enild indispensable to prove such intention before the charge be sustained

I did aot conviot on this part of the complaint.

7.

To support the proof of intention to sketch it was shown that

one of the three defendants was found with sketching materials on

his person.

That this was insufficient to prove intention even against the

third defendant who possessed the sketching material is shown by the

fact that the Ordinance does not make mere possession prinâ facie

but requires a proof of intention

proof of intention apart from the fact of possession.

!

費