A complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the year 1783 Volume 23 - Tapa blanda

Sinopsis

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1817 Excerpt: ...had not higher powers in bringing witnesses to this court than what he possessed. I have no difficulty, at all times and seasons, to give my opinion to a panel, whether I am bound to do it or not, and I then did give him an answer; I said I had no more power of compelling witnesses to come into this court, than the meanest criminal at the bar. Our rights, in that respect, and our powers arc the same. I will give him an instance of it: the case occurred twelve years ago, when one of your lordships filled the office of solicitor-general of VOL. XXIII. Scotland. A man of the name of Mackay, a carrier of letters at the post-office, was ac-cused of having embezzled letters and stolen money entrusted to his charge. The princi-pal evidence was a woman, a relation of his own, and who, immediately after the fact was discovered, retired to England. The solicitor-general brought his indictment against him. I appeared as counsel for the panel. The trial was adjourned from week to week, and from day to day; because this material evidence, the woman, would not come, for obvious reasons, within the juris-diction of our courts of law, to give her testi-mony against the panel And how did she at last come? Having been concerned with him, she came at last, because means were found to notify to her, that if she did not come and do her duty as the witness against the panel, she herself would be tried in Eng-land as an approver of the crime; and there-fore she came to save and redeem her own life, and gave evidence, as she was bound to do; and which she would have been com-pelled to do, if she had been in this country; and I hope this instance will satisfy him, that even the powers of the public prosecutor are just exactly what his are; that he must take his chance of bringing w...

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