CO129-063 - Sir Bowring - 1857 [4-7] — Page 260

that

the Chief Justice yesterday at chambers and being informed 2 P. M. the hour originally named

would be too late for

His Lordship

I came down to watch my opportunity

at the

rising of

2

the

Count. The pending Criminal ease had nearly concluded when I arrived and while the summing

up was

taking place the change

which was necessitated

by

the

Ordinance 15 of 1856

disallowal

of R

recured to

my

wind

mind

and I

enquired of the Crown Soliciton in a

whisper whether the witnesses had

been sworn - he said no

I asked

him to draw

attention to the

your

A

point before judgment

did so and

was

3.

257

past

he

you left the Court. The Witnesses not having been sworn or not

having declined to be sworn I was of

opinion

then and on reconsideration

am is still that the proceedings

were

irrequian and the conviction of

the prisoner illegal but I did not

feel myself called

upon

then and I did not do 20.

to interfere

The

proceedings being terminated I went up to the Chief Justice with the

of acting him, privately

intention

to take the motion as soon as

possible as I had to attend an Excentive Corneil. The same Don't seems to have occurred to Sis