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1914/195 Rex vs. Lem How – attempted murder

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23. Q. What with? A. There were two of them, they seemed very much alike to me, one had an axe and the other a shingle hammer.

MR. COWAN: I must object to this evidence as absolutely irrelevant; the witness has already said he cannot swear to the accused.

MR. RUSSELL: I am going to identify the accused, and I am giving that evidence now about a man whom the accused resembled. That is as near we can get to it now. I undertake to identify this man as being the man who had the axe.

MR. COWAN: However interesting that evidence may be in some other case it has nothing to do with this case, because the witness has already sworn that he cannot swear to this man at all. I just wish your Worship to see. I know what My Friend is trying to do, but he cannot get in evidence about a man who looked like the accused, but who the witness cannot swear to him. The moment he says that he can give no evidence whatever as to what this man whom he cannot identify with the accused has said or done.

MR. RUSSELL: The charge here is attempted murder and incidents with reference to that attempted murder are of interest and importance to the Court, they are necessary to the charge. A man receives a blow from an axe on his nose and purpose through this witness giving evidence of that blow, of the instrument with which that blow was inflicted. I am not at this moment giving evidence with reference to the person who inflicted that blow. Incidentally it crops up that the accused looks like the man who administered it. That is not the evidence that is of importance; it is the evidence of the attempted murder by some person. It will be for the prosecution later to show who that person was.

MR. COWAN: My Friend is quite right when he says this being a charge of attempted murder we should thrash it out. Now one of the rules is that you cannot connect this man who is not identified by the witness with the actions of someone

BC Archives GR-0419 Box 193 File 1914/195 / BRITISH COLUMBIA. ATTORNEY GENERAL. / Attorney General documents.