of the Evidence.
2. That the Examination of a
Prisoner should in
no case be
resorted to by the Judge where, in his opinion, the Attorney General had not made out the case for the Crown and where under the existing system it would be his duty to direct a verdict of
Not Guilty."
first
That this should not be left in the discretion of the Judge
but that he should be in terms, that is by the language of the Ordinance reminded of his duty
in that behalf.
4. That the power of examining
a prisoner should, in no case be
vested in any person other than the Judge presiding at the trial of a prisoner in the Supreme Court, and that the Magistrates of this Colony, who are not lawyers, should not be deemed competent to exercise such power as Committing Magistrates,
in any matter the final determination of which is vested in them or either of them.
Acting Colonial Secretary