CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 17

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R. v. Baxuley (1925) 19 Cr.App.R. 54.

A. 7. Davidson (1927) 20 Cr.App.R. 66.

4.40 to Wed, 31st August. 15 a.m. adjourıment.

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31st August, 10 n.m. Mesumed.

Jenkin (continuing):

The trial judge himself doubted the propriety of

taking the short cut that he did (p.1).

he said that the charge was an unusual one (p.2).

There was a great mass of evidence.

The trial judge said that the evidence of Zimmern

and Christie contained difficulties, improbabilities,

and inconsistencies (p.5).

If ever there waɛ a case where the evidence should

have been sifted this was one.

What was the state of mind of the jury:

1. The whole Zimnem and Christie evidence was

put to them.

2.

They were directed (p.5) that the evidence was

put in to prove murderous nate and that #risoner

took active steps to murder Fung through other

channels than those by which he was murdered,

They were told that the issue was whether the

risoner employed Lau.

They were told that ere was gap betwe en

4.

the Chui evidence and the "risoner.

They

were given no guidance as to how, in law or

otherwise, the Zimmern and Christie evidence

would bridge the gap.

Can it be denied that they may have thought that on

the Zimmern and Chris tie evidence the Frisoner was likely

have employed Lau, or was the sort of man to have

employed Lau.

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