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evidence is of considerable importance.
That is the two bruises on Mary Pine's neck.
You remember the state she was in when her poor mother got home she found her being put to
bed. She was undressed, examined there was a mass of bruises and cuts, but there were two
strange bruises on the right hand side, at the base of the neck. The skin was not broken,
they were bruises and they were circular in shape. Now, gentlemen, I mention this for two
reasons.
Firstly, because it is an important piece of evidence that you will have to fit in to the
whole of this great jig-saw of pieces. Also I want to remind you expressly that you must pay
no attention whatsoever to the statement very properly made in the circumstances by the
Counsel for the Crown, in his opening that those are indicative of the grasp of the accused
as Mary Pine tried to run away. This is one of the statements made by Mr. Fraser in all good
faith and confidence that Mary Pine was going to give evidence. She has not given evidence
and therefore, all that must go. We have the fact of two circular bruises but there is
nothing, no evidence to indicate that, as Mr. Fraser originally suggested to you, they were
necessarily inflicted when the accused seized Mary Pine by the neck".
13. By reasons of the matters mentioned in paragraphs 9 and 12 hereof your Petitioner was
deprived of the benefit of a substantially fair trial and a substantial miscarriage of justice
has occurred.
YOUR PETITIONER has not the means wherewith to provide security for costs.
YOUR PETITIONER THEREFORE HUMBLY PRAYS that your Majesty in
Council will be pleased to order that your Petitioner shall
have special leave to appeal in forma pauperis from the said
Judgment of the Full Court in Hong Kong, Dated 17th October
1934 and that the said Court may be ordered to transmit
forthwith the transcript of the proceedings and evidence in
the case in which such last mentioned Judgment was made to
the Privy Council and for such other order as to your Majesty
may seem just and proper
AND YOUR PETITIONER WILL EVER PRAY &c.,
JOHN MAUDE.
။
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