CO129-433 - Governor Sir May - 1916 [5-6] — Page 64

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In the present case, Rearden, in her evidence (which I believed) stated that she kne Cohen, had accidentally met him in the Piccadilly Hotel prior to his departure from England, and had agreed, at his request, to take out some cases of Cinema Films to Yokohama for him. She afterwards received no further communication from him; nor did she know that he had sent any boxes on board for her Cohen knew that Delcaire was travelling in the party. The label on one of the boxes had the name (Rearden) wrongly spelt. She herself did not know that these boxes were on board until they were produced on deck in Hongkong. Delcaire gave evidence that she had not heard

of Cohen and did not know him; and that she did not know of the existence of the four boxes labelled with her name.

The effect of the evidence given by the defendants, Rear- den and Delcaire, and by Sergeant Pincott was to render it probable that Cohen hed despatched the opium from London, using the names of Rearden and Delcaire, without their knowledge or connivance.

9. The Grow called a witness named Horne, who deposed that during October last he had received from Heckrath, hea then, so he said, Heckrath's valet eight trunks with instructions to convey them to China on the S.S. "Kashima Maru". He gave details of the delivery of these boxes to him by Heckrath and stated that on arrival on Shanghai on the 20th November the boxes had been seized and had been found to contain opium. He stated that he did not know either Rearden or Delcaire. Heckrath denied this story and stated that Horne had left his employment in September 1915.

10. I placed no reliance whatever upon Horne's evidence. Even if it were credible in itself, it is admissible only in corroboration

of other evidence and I should exclude it in accordance with the judgment delivered by Lord Reading (then Sir Rufus Isaacs) L. C. J. in R Shellaker (C. C. A. 78 J. P. p. 159) as coming within "the "class in which though the evidence is admissible yet the Judge may be "of opinion that it is of so little real value and yet indirectly "so prejudicial to the prisoner or that the bearing is so remote "that it ought not to be given".

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