The Iudge:—How were you brought in here?—By a subpoena.
The Judge:—Who served it?—Me. Porte The Judge:—I will instruct you! that you do not have to answer these questions, You have not ap peared here voluntarily.
Witners:—To a certain extent.
Judge Purdy (heatedly):—You have not appeared here voluntarily?
:—Mr, Marshal, you can risener back to the cells. statement.
His Honour:—You can do that if] you like.
Mr, Franklin:—I will endeavour] not to ask him any question which might incriminate him.—Court} stenographer read over my last This was started when Dr. Sellett interrupted saying, "Suppose, your Honour, that this witness does not testify under the privilege against, incriminating testimony and further, suppose that counsel for the defence: puts to him only a limited number of questions without going into the details of the transaction concerning which the witness testifies. 1] submit that there can be no di that he will. be cross-examined in great detail irrespective of whether he had stolen the volume or had) Knowledge of it. Suppose, for stance, that the question of the theft of the volume came up and he an-sowered that he did not steal Then I could cross-examine on this Point with a view of eliciting the answer "yen" the examination):—Did Mr. Husar ever vive you a record of the trial of A. M. Tracey Woodward charged with trafficking in opium—
His Honoar:—Wait a minute. (To witness) If you answer this question you can be cross-examined and you will lay yourself open.
Mr. Franklin:—May T finish "question?... before the Consular} Court at Bushive, Persia?
Witness:—I would like to consult} my attorney in the case now.
His Honour:—Aren't Mr. Fr and My. Fleming representing you! in your other charge?—Yes, but Mr. Faison is representing me now.
His Honour:—All right, you can eave the stand and consult him.
Heath then left the stand and went into the next room with Mr.
Faison. After a few moments conversation Mr. Faison called to Mr. to come, but the latter "No, there might be ® conflict."
After a while Mr. Faison and his client returned and counsel began to address the Court whereupon the Judge told him -that he was not connected with this ease, Br, Falson:—May I be permitted Me. Fleming We would ike to [withdraw the witness,
Text read from the printed page and cleaned; old type leaves the occasional error.