24.
Ased even if the Magistrate be convinced that the witness is not speaking the truth on that point, he should consider whether that is sufficient to overthrow the evidence of other witnesses against whom the charge of perjury is alleged.
There is no law, or custom which says that you are to reject the evidence of a witness because another have sworn falsely.
I submit that the magistrate be informed that his action is irregular and that he should on the application of parties resume the hearing of the case and hear whatever other witnesses the prosecution may have to call.
He then should consider the whole case carefully and decide on well-known principles and on the evidence of the witnesses before him, as well as the testimony given before.
F/Edw. J. Ackroyd,
Acting Attorney General.
19th April 1887.
As this letter, while being an order from the Executive to guide myself by the Attorney General's opinion, overruling my previous action, might be thought not intended in the light of the words made use of "information and guidance" and