Scottish Court of Session Decisions

Subject_1 FRAUD.

William Stewart's Case

1753, Dec. 21.
Case No. No. 33.

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William Stewart was accused by summary complaint by his Majesty's Advocate of being accessory to the forging a bond by the late Lochiel to his brother Fassefern, whereon a claim was entered, being writer and one of the witnesses, as the bond is recited in that claim, (for the bond is abstracted and amissing,) and the complaint served on Stewart who was prisoner in the castle. The petitioners moved to have him examined in presence, which Mr Lockhart for the prisoner opposed as incompetent after the trial had so far proceeded as to serve him with the complaint, to which he had put in answers. That question was this day argued at the Bar, and pretty fully on the Bench, when Justice-Clerk and I were clear that the examination was competent, for reasons that I have mentioned on the back of the complaint. But the Lords wanted to see a precedent quoted from the Bar in the case of Fitzgerald in 1746 which would have delayed it. Mr Lockhart, since the Court he thought seemed inclined to admit the examination, therefore in name of the pannel passed from the objection, and agreed to submit to the examination,—and he was examined accordingly.