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

GR-0419.100.1904-10p085.jpg

Revision as of Dec 28, 2016, 3:04:53 PM, created by 172.16.1.125

Bible has no more meaning to him than swearing him on a statute, and in that case there is no obligation placed upon him in taking this oath, so the witness therefore is in such a state of mind that  cannot be sworn at all.. It has to be , that before a witness comes in to testify there must be some form of solemn obligation imposed on his conscience that is binding on him. According to this witness the oath of " Kiss a book" Break saucer" Cut chicken head off" is all the same to him. He does not believe in any of those,and he is not in such a state that it is necessary for a witness to be in to justify his being sworn.

MR POWELL: Which way is your Honor going to decide to swear him? COURT: ( To interpreter): Ask him in what way the burning paper is binding upon him. MR MORESBY: Your Honor, the thought has just struck me and I might as well mention it, that it is customary in the other Courts and Civil courts especially to put the question to a witness in this way " If you don't tell the truth what will happen to you? " so I should suggest that this question be put to him now. "If by burning this paper and you don't tell the truth what will happen to you? " I would quote here Philips pp 416 . Now this man has simply stated that the burning of the paper is binding on him and Philips does not go as far enough to say the ' most binding". MR TAYLOR : All those oaths look alike to him. MR MORESBY : He has also said he is prepared to tell the truth no matter what oath he takes.