REID v HUTCHINSON Session Jury Sittings

This was a case of resting owing, and whether or not the defender, in certain transactions, had acted for himself solely, or on account of others. At the trial,

Robertson , for the pursuer, tendered, in evidence, the report of a commission for recovering excerpts taken from the books of the defender's brother.

Keay , for the defender—I object to this procedure as incompetent. It is for the purpose of laying before the Jury excerpts from the books of a person who is alive, is summoned, and in attendance. These excerpts, therefore, cannot be laid before the Jury without his verbal explanation. His evidence is the best testimony on the subject, and without it the excerpts are inadmissible.

Robertson .—The excerpts will speak for themselves; and they are authenticated by the commissioner, on the oath of the haver, and referred to in the record. It is the first time it ever was contended that it was necessary to cite the haver as a witness. The defender may call him, and cross-examine him.

Lord President .—I think Mr Hutchinson must be called, as he is alive. Excerpts are generally taken when the party cannot appear, as the only mode of getting at the books; but Mr Hutchinson is here, and could produce the books themselves, and explain them to the Jury.