The Lord Justice Clerk thought that the question might be put, but that the witness should be cautioned that he was not bound to criminate himself, for if he answered the question the Court could not protect him.
Lord Mackenzie thought the question might be put. The witness being warned that he is not bound to criminate himself, and told that he has no protection from the Court, but for the crime now before it. The admission of his having been guilty of a secret crime could not disqualify him. He had yet seen no sufficient authorities to shake that opinion.
The Lord Justice Clerk agreed with Lord Mackenzie, although he thought with Lord Meadowbank that it was the “most extraordinary question he ever heard;” but the case being an extraordinary one, allowance must be made.
The Lord Advocate wished to know in what situation he was placed. Was he allowed to ask him, if he confessed—“Of what murders were you guilty?”
Mr. Cockburn.—We put that question, and the Lord Advocate is entitled to put what other he chooses. I cannot state the thing more generally. We intend to object to no question the Lord Advocate may choose to ask.
Hare recalled.
Q. You mentioned when you was last here, that you assisted in taking the bodies to Surgeons’ Square?
A. I never was concerned in furnishing none, but I saw them do it.
Lord Justice Clerk.—You are not bound to answer the question about to be put.