Stirling peerage

132 TRIAL OF ALEXANDER HUMPHRYS, OR ALEXANDER,
time it was ever proposed to put writings under the hands of
scientific men.
Mr Robertson. — Under a motion of Court.
The Lord Advocate. — Is it worse to place them in the
hands of a scientific man, under a motion of Court, than if
I had taken a leaf, or part of a leaf, and subjected it to experi-
ment without a motion of Court. Am I in a worse condition
to make that demand under the Court, than I would be to
make the demand in any other way ? It is made not for the
purpose of destroying or defacing, but merely for the purpose
of ascertaining through the operation of scientific men the
composition of the ink ; and that they might be allowed to
take one or two small portions of the paper to ascertain the
nature of the colouring matter. Let it be done under your
Lordships' inspection, — that is, in the way in which you can
see it done through the custody of your Lordships' clerk. I do
not want them absolutely surrendered. I ask this to be enabled
to conduct a scientific examination ; and I am told that I am
in a worse condition, because I ask it under a motion of the
Court.
Mr Robertson. — My objection is that he is not entitled to
make operations at all.
The Court. — Supposing they were done in presence of the
Jury ?
That would be another matter, — we would then know what
is going on.
The Court. — Supposmg you were to ask the witness a
question about the ink, what objection would there be to
touch a letter of an insignificant word with the point of my
knife moistened ; and what objection would there be to apply
chemical action to the latter.
Mr Robertson. — Supposing my case to turn upon the
opinion of an individual that a peculiar word or line on this
document is authentic, what do I know what these chemists
are to do with it ? If this be competent on a motion of the
Lord Advocate, it is equally competent on the motion of a
private prosecutor. Would you allow the instrument in such
a case to be taken from the Court, and put into the keeping
of two witnesses for the Crown, to make such experiments
upon it as they think fit, which might tend to a total oblitera-
tion of the whole document ?
Lord MoncreifF. — That, perhaps, would be the best thing
possible for you.
Mr Robertson. — I understand your Lordship to mean the