ious sale.
_Mr. Serjeant Pell._ Suppose it should turn out to be a time bargain,
these questions would be material to convict this person of an offence,
the amount sold would be very material; therefore if he is not bound to
answer the last question----
_Lord Ellenborough._ I do not prohibit him; I am only to tell him that
if these are bargains which are against law, he is bound to know the
law, and if it would involve him in any penalty he need not answer the
question.
_Mr. Serjeant Pell._ All I would request then is, that your Lordship
would now suggest to the Witness that he need not answer any question
that will tend to criminate himself.
_Lord Ellenborough._ If it will convict you in penalties, you are not
bound to answer any question.
_Mr. Serjeant Pell._ I was only taking the liberty to suggest that that
admonition may be given in the early part of the examination.
_Lord Ellenborough._ I cannot tell a witness he is not bound to answer a
question, until I see that it has some bearing and probable tendency to
accuse him; otherwise I must rummage all the statute books for penalties
to put the witnesses on their guard--I must not only carry all the penal
laws in my head, but mention them to every witness who comes before me
upon any subject.
_Mr. Gurney._ Did you see Mr. Holloway on the morning of the 21st?
_A._ Yes I did.
_Q._ Did he give you any directions?
_A._ I beg to decline answering that question.
_Mr. Gurney._ I submit to your Lordship he is not at liberty to decline
answering that question.
_Lord Ellenborough._ You may answer that question. Did he give you any
directions?
_A._ He did.
_Mr. Gurney._ What to do?
_A._ I must beg to decline answering that question.
_Lord Ellenborough._ You need not answer to what you did; but you must
state what he proposed to you to do, unless you did it afterwards, and
the having done it would involve you in a penalty.
_Mr. Gurney._ What did he give you directions to do?
_A._ To sell stock.
_Q._ Was it to sell all he had, or part of what he had?
_A._ To sell all.
_Q._ At what time on Monday was it?
_A._ About the middle of the day.
_Cross-examined by Mr. Serjeant Pell._
_Q._ What is Mr. Holloway?
_A._ A wine merchant.
_Q._ Where does he live?
_A._ In Martin's-lane, Cannon-street.
_Q._ Have you known him any time?
_A._ I have known him upwards of twenty years.
_Q._ How long have you acted for him as
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