for the purpose of identifying persons or things; when a witness is called to contradict another as to expressions which he denies having used; where the witness appears hostile, by permission of the Court; where witness's memory is defective, or the matter of question complicated. A witness will be allowed to refresh his memory from any entry in a book, or memoranda, made by himself, or by some person in his presence, at the time of or shortly after the occurrence of the fact to which it relates, if he can afterwards swear to the fact from his recollection. The writing referred to must be produced and shown to the adverse party if he requires it; and such party may, if he pleases, cross-examine the witness thereupon. [This is important to remember when noting admissions made by a suspected person, or of a prisoner]. Witnesses must in general speak to facts within their own knowledge; and they will not be permitted, with certain exceptions, to express their own belief or opinion. A party · producing a witness will not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the Court prove adverse (that is "hostile as contradistinguished from being merely unfavourable"), contradict him by other evidence, or by leave of the Court, prove that he has made at other times a statement inconsistent with his present testimony; but, before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness and he must be asked whether or not he has made such statement.

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Cross-examination.---When the direct examination is finished, the witness may then be cross-examined by the opposite party. In giving his evidence a witness tells the truth, wholly or partially, or tells a falsehood. If he tell the whole truth, a cross-examination has the effect of rendering his story more circumstantial, and impresses the jury with a stronger opinion of its truth. In cross-examining a witness leading questions may be asked that is, the examiner may

lead the witness so as to bring him directly to the point in which he requires an answer. The questions must be either relevant and pertinent to the issue, or calculated to elicit the witness's title to credit; great latitude, however, is always allowed in cross-examining. Questions respecting facts irrelevant to the issue may be put to a witness on cross-examination for the purpose of impeaching his character or testing his credit, but the answer of the witness will be conclusive, and cannot be contradicted by independent evidence. (Proof of witness's previous conviction of felony or misde→ meanor may, however, be given.) If the questions put relate to relevant facts, the answers may be contra ‣ dicted by independent evidence. Some questions a witness cannot be compelled to answer, as where the answers would have a tendency to expose the witness, or as it seems the husband or wife of the witness, to any kind of criminal charge, or to a penalty; also where the direct and immediate effect of answering might be to degrade his character; but where the transaction about which the witness is interrogated forms any material part of the issue, he will be obliged to give evidence, however strongly it may reflect on his conduct.

Re-examination. After a witness has been crossexamined, the party who called him has a right to re-examine him upon any new fact which has arisen out of the cross-examination, and to ask all questions which may be proper to draw forth an explanation of the meaning of the expressions used by the witness on the cross-examination, if they be in themselves doubtful; and also of the motive or provocation which induced the witness to use those expressions; but he has no right to go further and to introduce matter new in itself, and not suited to the purpose of explaining either the expressions or the motives of the witness.

The Court has always a discretionary power of recalling witnesses at any stage of the trial, and of putting such legal questions to them as the exigencies of justice require. If a question has been omitted in

the examination in chief, and cannot, in strictness, be. asked on re-examination, as not arising out of the cross-examination, it is usual to request the Court to make the inquiry, and such a request is generally granted.--(Taylor on Evidence).

Demeanour of witnesses.-"While simplicity, minuteness, and ease are the natural accompaniments of truth, the language of witnesses coming to impose upon the jury is usually laboured, cautious, and indis-, tinct. So when we find a witness over zealous on behalf of his party; exaggerating circumstances; answering without waiting to hear the question; for getting facts wherein he would be open to contradiction; minutely remembering others, which he knows cannot be disputed; reluctant in giving adverse testimony; replying evasively or flippantly; pretending not to hear the question, for the purpose of gaining time to consider the effect of his answer; affecting indifference; or, often vowing to God, and protesting his honesty; we have indications more or less conclu sive of insincerity and falsehood. On the other hand, in the testimony of witnesses of truth, there is a calmness and simplicity, a naturalness of manner, an unaffected readiness and copiousness of detail, as well in one part of the narrative as another, and an evident disregard of either the facility or difficulty of vindication or detection."-(Taylor on Evidence.)

Members of the Constabulary when examined as witnesses should endeavour to give their evidence with perfect impartiality, not showing any desire to convict the prisoner, or eagerness to declare anything to his disadvantage, otherwise they may lay themselves open to the remark sometimes made by eminent lawyers, that "Policemen regard all men as guilty till they are proved to be innocent." From indiscreet zeal and unconcealed hostility towards the prisoner, the evidence of Constabulary witnesses proves often injurious to the prosecution, and helps to defeat the ends of justice. A Constabulary witness who gives his evidence calmly without any exhibition of professional zeal, by simply answering the questions put to him, will

always make a favourable impression on the court and jury.

Informers.-Witnesses for the Crown will not, in giving their evidence, be permitted to disclose either the names of their employers, or the nature of the connexion between them, or the names of the persons from whom they received information, or the names of those to whom they give information, whether such last-mentioned persons were magistrates, or actually concerned in the executive administration, or were only the channel through which the communication was made to Government. Neither can the witness be asked whether he himself was the informer.

Privileged Documents. "The official transactions between the heads of the departments of Government and their subordinate officers are in general regarded as confidential and privileged matters which the interests of the State will not permit to be revealed." -(Taylor on Evidence). When, therefore, demand is made of a member of the Constabulary to produce in a court of justice official reports, documents, and books, he should respectfully decline to show them, stating that they are privileged, &c.; after which objection, should the Judge order their production, his direction must be complied with. In a Petty Sessions Court, or an inquiry before magistrates, official documents are not produced in evidence without the sanction of the Inspector-General.

Libel and Indictable Slander.--Everyone commits a misdemeanour who with seditious intention speaks any words or publishes anything capable of being a libel. If the matter published consists of words spoken, the offence is called the speaking of seditious words. If the matter so published is contained in anything capable of being a libel, the offence is called the publication of a seditious libel.-Stephen's Digest of C.L.

Publications blaspheming God, or turning the doctrines of the Christian religion into contempt and ridicule, also, such as are immodest and immoral, tending

to corrupt the mind and to destroy the love of decency, morality, and good order, are offences indictable as misdemeanors. It is also a misdemeanor wantonly to defame or indecorously to calumniate the order and constitution of things which make up the general system of the law and government of the country; or to degrade or calumniate the person and character of the Sovereign, and the administration of his Government by his officers and ministers of state, or the administration of justice by his judges; or to make similar reflections on the proceedings of the two Houses of Parliament.

Libels upon individuals are malicious defamations expressed either in printing or writing, or by signs or pictures, tending either to blacken the memory of one who is dead or the reputation of one who is alive and thereby exposing him to public hatred, contempt, and ridicule. For such libels an indictment lies.

Slander is the malicious defamation of a person in his reputation, profession, or business, by words, as a libel is by writing, &c.

Words spoken, however scurrilous, even though spoken personally to an individual, are not the subject of indictment, unless they directly tend to a breach of the peace, as if they convey a challenge to fight. But words, though not scandalous in themselves, if published in writing and tending in any degree to the discredit of a man have been held to be libellous.

Privileged Communications. - A communication fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs in matters where his interest is concerned, is a privileged communication. The occasion on which the communication was made rebuts the inference, prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice; in fact, that the defendant was actuated by motives of personal spite or ill-will, independent of the occasions on which the communication was made.

Publication.-All who are concerned in publishing a libel are equally guilty of a misdemeanor, but the

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