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
24.
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123
by two witnesses ?
Ased even if the Magistrate be convinced that the witness
ort.
is not speaking the truth that point, he should consider whether that is sufficient to over throw the evidence of other witnesses against whom
the
11
charge of persing is.
alleged.
law,
or custom which
says
that you
оне
There is no reason.
are to reject the evidence of witness because another
have swrotn
falsely.
may
I subint that the
magistrate be informed that irregular and
his action is
that he should on the application
of parties resume the hearing
of
of the case and hear whatever other witnesses the proscention
may
have to call.
He then should consider
the whole case
carefully and
decide on well known principles
and on
of evidence of the witnesses
him.
as
the testimony
given before.
F/Edw. J. Ackroyd,
deting Attorney feneral.
19° April 1887.
actually
As this letter,
while
an order from the
Executive to ginde myself by the Attorney
General's opinion, over onling my
www
previous action, might
thought be not intended-
in
the light of the words made
use
of information and guidance
and
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