Mr. Justice Bailey.—Mr. Pettigrew, I think it necessary to give you this caution, if you think the evidence, which you are about to give likely to expose you to a criminal prosecution, you are not bound to give it.
Mr. Pettigrew. My Lord, I am not competent to form any opinion of my legal guilt; I have not taken the part of principal or second. The part which I have taken was merely to exercise my professional duty; in that I do not think there is any moral guilt.
Mr. Justice Bailey. If you went (knowing a duel was to take place) for the purpose of giving surgical assistance, I apprehend that you are liable to a criminal prosecution.
Mr. Pettigrew. Then, my Lord, I must decline answering any questions.
Mr. Justice Bailey. I recollect having seen a surgeon of eminence tried in this court, on a similar occasion.
Neither Mr. Pettigrew, nor his assistant, were examined.
Dr. Darling, who had attended the deceased after he had received his wound, deposed that he heard Mr. Scott on his death bed say——
Mr. Justice Bailey. Did Mr. Scott at that time think himself in danger: did he give up all hopes of recovery?
Dr. Darling. No. To the last he entertained hopes of recovery.
Mr. Justice Bailey. The declaration made by a dying man cannot be received as evidence, unless the party at the time of making it were satisfied that recovery was impossible.