TNAG-0604-FCO40-752-Capital-punishment-in-Dependent-Territories-1977 — Page 126

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others, but fairly close, and they use to go up in the

hills. You have to decide whether you think Franzel

Penn is a witness of truth, or you think he is just

trying to pull himself out of the problems and remove

all shadows of him being a "weed smoker".

So if you

find that he is a dishonest fellow, you have to

consider his evidence, because he says that the

accused knew that he was going away to St. John.

Is he a truthful witness or not? If you accept

Franzel Penn, we have to move on from here, you will

gather that the idea is that the deceased slept alone

at her home that night. The Crown tells you further

that on the morning of 19th, 7.15 a.m. 7.30 a.m.

Allan Brown said he saw the accused standing on

a round stone locking in Evelyn Rabsatt's direction.

Members of the Jury, you have to decide if you accept

that, or whether Allan Brown is just trying to put this

fellow in problems, because you see, it was suggested

to you that Allan Brown and the accused were not so

good. There was this little dispute over the pit

toilet. Brown didn't want him to use it and the

accused used to use it sometimes to Brown's annoyance,

so Brown put a lock on it. So there's the problem.

You have got to determine now, is Allan Brown putting

in this little spot of evidence there to colour the

picture in favour of the Crown to say that this man

was planning, surveying the scene, watching to see

who is coming, from who is going, before he goes to

attack; that is what the Crown is going to want you to

believe, that he was surveying, looking for his moment.

The Crown brings Etheleen Thomas and Wheatley.

They

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