Page:The English Reports v3 1901.pdf/416

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VII BROWN. ANDERSON V. MARSHALL [1799]

believe them? The question still recurs, Whether they are to be admitted to falsify convincing [624] evidence by a blunt denial? It is impossible that either the one or the other can venture to say he has not done what was very unjustifiable, and men who stand so far convicted cannot find fault with those who must refuse them credit, though they should add that they stopped short of completing what appears to have been their object, and which they certainly had every opportunity to complete.


But it was ORDERED, that the several interlocutors of the commissaries of Edinburgh, and of the Lords of Session complained of in the amended appeal, be reversed; and it is further ordered, that the same be remitted back to the said commissioners with instructions to repel the objection to the admissibility of the Earl of Elgin, and Doctor Harrison, as witnesses on the part of the defender in the said cause. (MTS. Jour. sub anno 1799.)

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