CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 21

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jury xxgickxxxxxt might not believe he was joking and might

convict. If a false defence is raised, if Potter is right,

the evidence of Zimmern and Christie is not admissible, and

therefore there cannot be a conviction.

"Bridging the gap": Unless there is direct evidence

there is always a gap to be bridged. In Armstrong's,

Seddon's, Smith's, and Lamson's cases there was a gap.

In this case there was no reliable conjecture x in the

true sense: there are always fanciful possibilities.

In such a case as at present, if the person incited

is sent out of the Colony, how can you get a conviction

if such evidence as is here objected to is excluded.

Evidence that Lau was the agent of the Prisoner:

1.

2.

3.

4.

Lau was Prisoner's chauffeur.

He was under an obligation to the Prisoner, was was

prepared to assist him in the murder of Fung.

He had procured two men who were watching Fung,

on the th March.

An attempt was made on the 19th March, which Prisoner

knew on the morning of the 20th karon.

Wood.P.J: Only points 1 and 2 tend to show that Lau

was the Frisoner's agent.

Cheldon: I am giving the evidence that the Prison er

murdered the deceased through Law.

5.

6.

7.

The Prisoner had men employed by him to have Fung put

on the spot. It was Lau's men who did put him on the

spot.

A syringe was found at No.17 Men Chung Yong.

The

risoner knew that Fung was to be murdered on

the 24th March. That is the Amah's evidence: De s.p.49.

Frisoner did not ask who had told her that Jung was

shot.