The case of refusal, taken with its circumstances, is full as
strong an example in favor of the report of the Judges in Lord
Strafford's case as any precedent of admittance can be.
The researches of your Committee not having furnished them with any
cases in which evidence has been rejected during the trial, as being out
of time, we have found some instances in which it has been actually
received,--and received not to repel any new matter in the prisoner's
defence, but when the prisoner had called all his witnesses, and thereby
closed his defence. A remarkable instance occurred on the trial of
Harrison for the murder of Dr. Clenche. The Justices who tried the
cause, viz., Lord Chief-Justice Holt, and the Justices Atkins and Nevil,
admitted the prosecutor to call new evidence, for no other reason but
that a new witness was then come into court, who had not been in court
before.[81] These Justices apparently were of the same opinion on this
point with the Justices who gave their opinion in the case of Lord
Stafford.
Your Committee, on this point, as on the former, cannot discover any
authority for the decision of the House of Lords in the Law of
Parliament, or in the law practice of any court in this kingdom.
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