TNAG-0604-FCO40-752-Capital-punishment-in-Dependent-Territories-1977 — Page 125

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couple of his friends to have a smoke, and apparently

he has been doing that for sometime even before he

came to Tortola, because he had been doing that since

he was in St. John. He had been in St. John for 8

years, but he had only been smoking about 5 years now.

Now that is the general picture the background on

which we are going to build.

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On the 18th January Franzel Penn tells us that the

accused worked for him on his home, which he had been

building about two years. He worked for him in the

morning, and he paid him apparently, because the

accused says Franzel Penn paid him $10, but there was

no work in the afternoon. Franzel Penn says that he

planned to go to St. John that afternoon and he told

the accused about that, so the point in this story is

to indicate to you that Franzel Penn as from the after-

noon of the 18th was out of Tortola.

Now Members of

the Jury, Franzel Penn is the only person we are told

who stayed with the deceased in her home.

So the Crown is pointing out to you that as. from

the night of 18th the deceased slept alone in her home,

as Franzel was not there, and that the accused would

have known that. Now Members of the Jury, that's what

Franzel Penn tells you, but you have to decide whether

you believe him or not. You see, it was suggested

in cross-examination that himself and the accused

used to lime together, and what that suggestion is,

it would seem to me

will decide, that they

used to smoke together, but you see, Franzel Penn says

that's not true. The accused tells you that Franzel

was one of his friends, not as close as one of two

but you

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