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one of those particular ingredients the Crown will not
have discharged its duty. In this case there are many
witnesses. You have 30 witnesses in all, including the
accused. You have seen and heard them, you have to
decide which witness you believe, you have to decide
what you believe in the evidence of each witness. You
will look at the demeanour of the witnesses, and you
will see if you think from the demeanour of that witness,
that that witness is a truthful witness, because the
demeanour can assist you, it assists many a judge, and
you are the judges of the facts of this case. I don't
propose to run through the evidence of all these
witnesses.
I am sure you remember the evidence that
they gave. But I will sum up what I consider is the
Crown's case and give you details there, and what I
consider is the case of the accused and give you
details there. But Members of the Jury, you are the
judges of the facts. I am only reviewing the evidence,
and as I say I may make observations as I go along, but
my observations on the facts are not directions. You
decide the facts.
What is the Crown's case. First of all let us
try and get the picture of the area. This event
happened at Major Bay high road in the vicinity of
the public school. The deceased had a two storey build-
ing on the seaward side of the road, and she had her
home also on the seaward side of the road. This two
storey building accommodated a club, a dance hall
which is called Swing High, and on the down floor it
accommodated a grocery, pool room and a kitchen.
is a plan of the area location where all these things
took place. Members of the Jury if you would like to
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