"put before them. A few questions would constantly clear up the whole;" but the prisoner may not be "questioned and his liberty is often "Incrificed to a groundless fear of "invading it. Judges often give honest "hints to prisoners, which if they had been put in the form of a direct "question, might have been invaluable; "but which, as it is, are thrown away "upon ignorance, fear, and stupidity -
I can only repeat that these words have a twofold weight in an English Court dealing with an alien population.
The principle of the Ordinance once admitted, its details are too short and simple to require more than a few words of explanation. Section I enables any Judge presiding, at any Criminal Sessions, or any Magistrate before whom any trial or investigation takes place to interrogate the prisoner "at any time during the progress of such trial or investigation": but by Section II he is bound before entering upon such examination to inform the prisoner that he cannot be compelled to answer...
This provision was intended to obviate the chance of any oppressive or harsh use of the power given by the Ordinance, being resorted to.
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