Click here to view a pdf copy of this documet : PDF Copy
In the process of sale of the estate of Balcolmy, and the mutual complaints of battery betwixt Sir William Hope and Mr. William Gordon; Sir William adducing a witness, it was objected, against him, that he as ultroneous, in so far as it was offered to be proved, that on a letter or message sent to hm by Sir William or his Lady, he came from Fife to Edinburgh, in order to receive a citation; and therefore ought to be rejected. Answered, An ultroneous witness is he who compears before the Judge uncited, and offers himself ready to depone, or instigates the pursuer to insist, on the assurance he shall be a witness: But so it is, this party now adduced did not compear before the Lords till he was cited by a messenger to bear witness in the cause. The Lords found he had shewed too great earnestness in coming to Edinburgh on their call, without any legal citation till he came there, and for this cause rejected the witness.
