Part 112

Q. How much of either was he possessed of before business began on Monday the 21st of February?

A. L20,000 Omnium and L20,000 Consols.

Q. Did you sell that out on that Monday?

A. I sold L20,000 Omnium and L14,000 Consols.

Mr. Serjeant Pell. Does your Lordship think, in consequence of what you have suggested already, that the Witness is bound to answer to the nature of the stock?

Lord Ellenborough. I am not apprized whether it is a real sum or not at present.

Mr. Serjeant Pell. The reason I now interpose is, that if this should turn out to be a transaction which was not real, the Witness would not be bound to answer any question respecting it, because it may tend to criminate himself, and involve him in penalties. The mere circumstance of his having sold stock at all that day, supposing it not real stock, would warrant him in declining to answer these questions.

Lord Ellenborough. Whether he sold any thing is a link in the chain, or else you might exclude all the transactions of the day, because they might ultimately connect with the vicious 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.