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1904-10 Rex vs. Wong On and Wong Gow – murder (at the Chinese theatre)

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17:

Mr. Powell: We have no authority to put them in a room.

Mr. Taylor: The Court has power to arrest them if it likes.

Mr. Powell: Not this Court.

Court: I do not think I have any power to arrest them unless they refuse to come as witness when they are subpoenaed.

Mr. Powell: A Court can hold a witness any time.

Mr. Moresby: Only in a case where they intend to leave the Province.

Mr. Powell: We propose to proceed with the case. We have no witnesses in court except one, and we are now ready to go on with the case.

Mr. Taylor: I ask that all the witnesses should remain in one room or some place where they cannot communicate one with the other after giving testimony, or so that they cannot hear the testimony of the preceeding witnesses.

Mr. Powell: I have already told you there are no witnesses of mine in the Court room.

Mr. Taylor: He cannot control the witnesses. That this witness says is heard by a number of them, and they may communicate that testimony to other witnesses as they are called of course. This is one of the evils of this kind of testimony, and of a private prosecution in matters of this kind. The Crown - and I do not think my learned friend can occupy any higher position - their duty is to bring out all facts both for and against, with an absolute fairness in every respect. The crown would never seek to gain any advantage of a character which might

BC Archives GR-0419 Box 100 File 1904/10 / BRITISH COLUMBIA. ATTORNEY GENERAL. / Attorney General documents.