89.
88.
more especially
ав
the matters to be
decided upon were open to the knowledge
of
a great number of renexceptionable Witnesses upon the spot who
are
fully
competent to enter into the merits of the whole case, no
less than seven Gentlemen having been examined upon the 1th Charge, and two upon the second which is of a purely personal nature to the Major General _ and as the Major General knows that there were other persons present at that party who have not been brought forward to give their evidence on that
occurrence.
His
Excellency
The
only two persons
Governor said
that
were examined upon
the 2nd charge, and that there
no
other
Witnesses that he
were
was aware
of, except the members of the bouncil.
Major Caine begs respectfully that the Members of Council (whose evidenc
may
244
be needed in this matter) shall
be spared from voting
as to the
on
these
eligibility or otherwise of voting for the legality of giving their testimony charges; but that the legal question be decided by
the
Attorney General..
The Council Room being cleared the Chief Justice's objection is considered...
The Attorney General's opinion being
required,
he
states...
That the judges of a bourt and the
Jurors may
be sworn as
Witnesses for
can
have
any of the parties, for they no interest in the issue of the trial,
beas of any kind to give
and no
evidence against the truth
Authorities
are
His
Blackstone's Commentaries,
Vol. 3rd, Hawkin's Pleas of the brown
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