CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 114

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power of observation to form a definite opinion about him.

state of his hair, high cheek bones, sunken cheeks. She was able

to identify him at the police parade on 9th July and independent

of that was able to pick out the type of hat he wore and the sort

of garmente which he had on.

She saw two children thrown in but knowe nothing and

deposes as to nothing regarding the other children.

The learned Counrel for the Defence who has conducted the care, if I may ray so, extremely well, and with the modicum of propriety which this Court is accur toned to from him, has rather

condemned Mrs. Fairburn, not on the ground of her not telling

the truth, but rather on the score that she saw so little that

there could be nothing for her to say. It is a perfectly proper

comment to make but I don't think gentlemen, it is an important

thing. You are not bound necessarily to accept that as the only

theory about re. Fairburn'e observation, because it is possible

that if a lady going down to town, expecting nothing of the sort,

suddenly has her attention attracted by screams from children

and sees a deliberate and diabolical assault on two little

children committed by a man who jumpe in himself - it is quite

possible it would not dawn on her that more than two children

were involved. It is the instinct of anyone like Mrs. Fairburn

to run to No.1 bridge and see what she could do for the children. If you accept that as a possibility then that explains why Mrs. Fairburn did not go up the Battery Path from the recond bridge to the first with her eyes glued on the nullah to see what was

When she got there happening to the other people. there yesterday morning it was pointed out that when you are at No.1 bridge you cannot see anything of the nullah between No.1 and No.2 bridges except that little space on the far side in which it was suggested there might be little if any water running at

that time.

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