Lord ESKGROVE--My Lords, I am of the opinion which has been delivered by my Lord Hailes. Lord STONEFIELD--My Lords, I am of the same opinion. Lord SWINTON--My Lords, I agree with the opinion given. The LORD JUSTICE-CLERK--My Lords, there is no doubt that a wife cannot be received as a witness whether for or against her husband, and her situation is different by our law from that of all other near relations. If a son, for instance, is brought forward as a witness against his father, he may no doubt decline to bear testimony, and no Court of law can compel him to do so; but if he is willing to give his evidence it may be received. A wife, on the contrary, cannot be received as a witness, even though she be willing; a judge can pay no regard to what she says either for or against her husband; and, supposing she had no objection to give her testimony even to hang him, which might happen, it must be refused; therefore, my Lords, whatever this woman says that may infer guilt against her husband must be totally thrown out of consideration; nor will I suffer one single question to be put or her to say a single word from which his guilt can be inferred; and the jury are not to give any attention whatever to it, if it should happen that anything should drop to the prejudice of her husband. Mr. JOHN CLERK--My Lord Justice-Clerk-- The LORD JUSTICE-CLERK--What! Mr. Clerk, would you insist on being heard after the Court have delivered their opinions? It is most indecent to attempt it. Mr. JOHN CLERK--I was heard, my Lord, on the general point of the admissibility of this witness, but not on the special objections which I have to the questions which my Lord Advocate proposes to put, and on which the Court have not delivered any opinion. The LORD JUSTICE-CLERK--Mr. Clerk, this is really intolerable. The DEAN OF FACULTY--My Lord, although as counsel for Mr. Brodie I am not entitled to be heard on this subject, I find myself called upon to interfere as Dean of Faculty. It is perhaps not strictly in order for Mr. Clerk to insist on being heard after your Lordships have delivered your opinions, but some indulgence ought to be shown to a young gentleman. Lord HAILES--My Lord Justice-Clerk, though Mr. Clerk stated his objection generally, yet he did not enter into particulars, and I think he may be allowed now to state what particulars he meant to insist on. The LORD JUSTICE-CLERK--Mr. Clerk, we will hear what you have to say.