John Cadell v. Mr John Morthland and John Johnstone.
Date: 19 January 1799 Case No. No. 213.
Objection to a witness sustained, that after his citation, the agent for the person adducing him had spoken to him on the cause, and mentioned to him an imputation on his character which had been stated by the other party.
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In the cause No. 170. p. 12375. George Aitken, who had formerly been employed in the office of the Scots Chronicle, was cited as a witness for the pursuer. When he was about to be examined, it was stated for Mr. Morthland, as an objection to him, that he had been turned off from the office for malpractices, and imputed his being so to the advice of the defender, so that he could not be considered as impartial; and it was agreed that the examination should be delayed, till the matter should be inquired into. Upon this the agent for the pursuer told the witness, who was waiting in another room, that this objection had been stated, and held some other conversation with him on the subject of the cause. And when this conduct of the agent afterwards came out in the examination of the witness in initialibus, it was stated as a bar to his admissibility.
The Commissioner made avisandum with the objections, answers, &c. to the Court, who, (though they acquitted the pursuer's agent of all bad intention) had no doubt of the objection, and found Aitken could not be examined hoc statu.
Lord Ordinary, Methven.Act. ut supra.Alt. H. Erskine, Jo. Clerk.Clerk, Home.
Fac. Coll. No. 102. p. 238.
