The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
Questions referred by the Lords to the Judges, in the Impeachment
of Warren Hastings, Esquire, and the Answers of the
Judges.--Extracted from the Lords' Journals and Minutes.
_First._
_Question._--Whether, when a witness produced and examined in a criminal
proceeding by a prosecutor disclaims all knowledge of any matter so
interrogated, it be competent for such prosecutor to pursue such
examination, by proposing a question containing the particulars of an
answer supposed to have been made by such witness before a committee of
the House of Commons, or in any other place, and by demanding of him
whether the particulars so suggested were not the answer he had so made?
1788, February 29.--Pa. 418.
* * * * *
_Answer._--The Lord Chief-Baron of the Court of Exchequer delivered the
unanimous opinion of the Judges upon the question of law put to them on
Friday, the 29th of February last, as follows:--"That, when a witness
produced and examined in a criminal proceeding by a prosecutor disclaims
all knowledge of any matter so interrogated, it is not competent for
such prosecutor to pursue such examination, by proposing a question
containing the particulars of an answer supposed to have been made by
such witness before a committee of the House of Commons, or in any other
place, and by demanding of him whether the particulars so suggested were
not the answer he had so made."
1788, April 10.--Pa. 592.
_Second._
_Question._--Whether it be competent for the Managers to produce an
examination taken without oath by the rest of the Council in the absence
of Mr. Hastings, the Governor-General, charging Mr. Hastings with
corruptly receiving 3,54,105 rupees, which examination came to his
knowledge, and was by him transmitted to the Court of Directors as a
proceeding of the said Councillors, in order to introduce the proof of
his demeanor thereupon,--it being alleged by the Managers for the
Commons, that he took no steps to clear himself, in the opinion of the
said Directors, of the guilt thereby imputed, but that he took active
means to prevent the examination by the said Councillors of his servant
Cantoo Baboo?
1789, May 14--Pa. 677.
* * * * *
_Answer._--The Lord Chief-Baron of the Court of Exchequer delivered the
unanimous opinion of the Judges upon the said question, in the
negative,--and gave his reasons.
1789, May 20.--Pa. 718.
_Third._
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