CO129-474 - Governor Sir Stubbs - 1922 [1-4] — Page 581

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TOAISTOÐ

The Crom's case rested very largely on the evidence

of an eye witness

Ying"

-

Captain Morgan, Master of the S.S. "Kwong although his narrative was confirmed in material

particulars by other eye witnesses.

The defence was one of mistaken identity and a

number of Chinese witnesses were called in support of it.

This evidence had it been accepted by the jury would have completely demolished the Crow's case; and its rejection involved, as I directed the jury it clearly would, the finding of a dastardly conspiracy on the part of a number of Chinese witnesses to defeat the administration of justice.

The court, jury and counsel, I may mention, viewed

the locus in quo in the course of the trial, when Captain Morgan and the other Crown witnesses demonstrated their respective positions in the light of the evidence which they had given in Court on the previous day. The jury had therefore every opportunity of testing distances, and acquiring a close perspective in particular of Captain Morgan's evidence. The effect of the visit of the jury was in my judgment greatly to strengthen the case for the prosecution.

Captain Morgan's evidence, stated briefly is ąs follows:- On that morning he was proceeding along the Praya

'a crack", on foot when in the vicinity of Statue Wharf he heard "; his attention being drawn to the sound he observed a richsha some 30 - 40 yards ahead of him going East. There was a man some 6 or 8 feet behind it, the ricksha on the sound of the shot was imediately dropped the occupant falling out in front, and the ricksha coolie ran away. As to the man behind the ricksha the witness stated that he did not see any shot fired, but that he saw moke immediately arising above that man which caused him to suspect that it was a shot. He was emphatic in asserting that he saw nobody else in the vicinity

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