Lord Mansfield, Chief-Justice, did not controvert those authorities; but
in the course of obtaining substantial justice he treated both of them
with equal contempt, though determined by judges of high reputation.
His words are remarkable: "We do not _now_ sit here to take our rules of
evidence from Siderfin and Keble." He overruled the objection upon more
recent authorities, which, though not in similar circumstances, he
considered as within the reason. The Court did not think it necessary
that the witness should release, as he had offered to do. "It appeared
on this trial," says Justice Blackstone, "that a black conspiracy was
formed to set aside the gentleman's will, without any foundation
whatever." A prosecution against three of the testamentary witnesses was
recommended, who were afterwards convicted of perjury.[62] Had strict
formalities with regard to evidence been adhered to in any part of this
proceeding, that very black conspiracy would have succeeded, and those
black conspirators, instead of receiving the punishment of their crimes,
would have enjoyed the reward of their perjury.
Lord Mansfield, it seems, had been misled, in a certain case, with
regard to precedents. His opinion was against the reason and equity of
the supposed practice, but he supposed himself not at liberty to give
way to his own wishes and opinions.
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