1778-02-17 (static/transcriptions/1778/02/032.jpg)

1778. Sittings. Tu. Feb. 17th.

Stewart, now, was proposed by the Council for the Defendant to be re-examined, he having yesterday closed his Evidence and sign’d it. An objection was taken by the Council for the Plaintiff Mr. Farrer Mr. Morse, and Mr. Tilghman, that having closed his examination yesterday, he should not be examined to day: Impey was of that opinion, except the Council for the Plaintiff would admit it by consent, but they would not consent, and therefore by the opinion of Impey he was not examined, but set aside for the present untill Chambers came, Impey not exercising the Casting voice to determine it immediately, of which, as he always does, on the like occasions, he made a merit to himself in a short speech to the Audience.
I thought he ought to be now examined and stated my reason to the Court, that yesterday the Court knew there was some part of the evidence M. Stewart could have given which he did not; that the Council and the Court, considering his situation did not press him; and now Mr. Stewart thought himself no longer bound by those reasons of delicacy, I thought
/ he