§ On the motion that the Evidence Bill be read a second time,
The Attorney-Generalsaid, that he highly approved of the bill, but he must request the attention of those who had charge of it to look to one proviso. The bill went so far as to allow parties to peak as witnesses for themselves. You could not allow the defendant to prove his own case. He thought that the landlord ought not to be allowed to give evidence in favour of the tenant in a case in which a verdict for the latter would be beneficial to the former; and that in other cases the evidence of parties interested in the issue of a trial should not be received in favour of that side with which their own interests were identified. He hoped that Gentlemen who had charge of the bill would look to that proviso. If it were properly framed, he would support the bill; but otherwise it would be his duty to oppose it.
§ Mr. Humesaid, there was one defect in the law of evidence which he wished to see altered in this bill. The judges were in the habit of telling witnesses that they must not criminate themselves. Now, every man ought to tell the truth, even if it were against himself, and the object of the trial was to get at the whole truth.
§ Bill read a second time.
§ On the question that the bill be committed,
§ Mr. Humethen said, that lest his observations respecting the judges giving caution to witnesses should not be understood by the Attorney-general, he would refer to a particular case in point—the trial of Lord Cardigan in the House of Lords, where the judge who presided officiously interfered, and desired a witness not to answer any question which might tend to criminate himself.
The Attorney Generalhad no difficulty in saying, that Lord Denman acted in accordance with the laws of England, and was perfectly justified in giving the caution which he did to Sir James Anderson, as he (the Attorney-general) who conducted the prosecution, had informed their Lordships in his opening address, that the witness was liable to indictment as an accessory before the fact.
§ Bill to be committed.
§ House adjourned.