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Scottish Court of Session Decisions >>
Geddes v Parkhill and Baillie. [1741] Mor 16744 (16 January 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor3816744-166.html Cite as:
[1741] Mor 16744
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Found, that the showing to a witness, after he was cited, a paper, upon which he was adduced to depone, not in the presence of the Judge, was illegal and unwarrantable; and the persons guilty thereof were fined in 40 shillings Sterling to the poor, over and above the expense of the application.
No judgment was given as to the witness himself; but it seemed to be the opinion of the Court, that the testimony he had emitted was not to be rejected; though one of the Lords took notice of a case where the adducer of a witness had done no more than shown him the interrogatories upon which he was to be examined; yet, when the cause came to be advised, that fact having been discovered, the oath of the witness was not allowed to be read.
N. B. In all such cases, the effect as to the witness depends on circumstances.
