Vernon—I think you told us but now, that sir John was to be with you on Sunday; pray, when did you let Mr. Goodere know it, Sir?
Smith—I met captain Goodere that very day at Blind-gate, and told him of it; and he said, he had met his brother himself.
Vernon—Pray, Sir, did Mr. Goodere tell you, to whom the estate would go on sir John's death?
Smith—Yes, he has often said he was the next remainder man, and that the estate would come to himself on his brother's death.
Mr. Recorder—Well, Mr. Goodere, you have heard what Mr. Smith hath said, have you any questions to ask him?
Mr. Shepard—Mr. Recorder, what I have to ask of you, with submission, in behalf of Mr. Goodere, is, that you will indulge counsel to put his questions for him to the Court, and that the Court will then be pleased to put them for him to the witnesses. It is every day's practice at the courts of Westminster, Old Bailey, and in the Circuit.
Vernon replied that the matter was entirely in the discretion of the Court, and that Shepard could ask for nothing as a matter of right.
The judges, I apprehend, act as they see fit on these occasions, and few of them (as far as I have observed) walk by one and the same rule in this particular; some have gone so far as to give leave for counsel to examine and cross-examine witnesses, others have bid counsel propose their questions to the court; and others again have directed that the prisoner should ask his own questions; the method of practice in this point is very variable and uncertain; but this we certainly know, that by the settled rule of law the prisoner is allowed no other counsel but the court in matters of fact, and ought either to ask his own questions of the witnesses, or else propose them himself to the Court.
He then asked Jarrit Smith one more question, to which he replied.
Vernon—Sir, I think you were present when Mr. Goodere was brought to Bristol after his brother's being killed; I'd be glad to know whether you then heard him say anything, and what, concerning this foul business?