Mr.  Amtruther, — It  is  almost  unnecessary
fur  me  to  say  one  word  in  answer  to  what  is
proposed  by  the  counsel  for  the  prisoners;
such  a  proposition  has  never  been  made  be»
fore  in  any  such  case.  The  prisoner  is  enti-
tled to  a  copy  of  the  indictment  and  a  list  of
the  witnesses  t)  be  produced  against  him,
but  he  is  not  entitled  to  see  the  evidence  the
counsel  for  the  crown  mean  to  produce ;  they
will  produce  it  in  proper  time :  at  preseat,
with  all  due  deference,  it  is  not  in  the  power
of  the  Court  to  call  upon  the  prosecutors  for
a  disclosure  of  the  written  testimony  or  the
oral  evidence  they  mean  to  produce.  There-
fore this  motion  cannot  have  success.  If  the
counsel  for  the  prisoner  desiro  to  have  waj

Saper  produced  which  they  rely  on  as  evi«>
ence,  they  may,  by  means  of  a  subpoena  dares
ieeum^  call  upon  any  witness  to  produce  such
papers  at  the  trial ;  but  before,  it  is  impossi-
ble to  have  the  papers  in  our  possession,  or  to
have  a  disclosure  of  the  evidence  on  whidi  we
mean  ro  rely.
Mr.  Enkine  —I  do  ix>t  know  that  I  am  eo«
titled  to  press  my  present  motion.  It  is  well
known  to  your  loraships,  that  the  counsel  fbr.^
the  crown  could  not  by  the  laws  of  this  coui>-
try  produce  a  single  paper  against  a  prisoner
on  his  trialp  which  nis  counsel  have  not  had
an  opportunity  of  seeing.  The  gentlemen  on
the  other  me  have  asserted  that  a  different
rule  prevails  in  England.  Your  lordships  will
judee  between  us.
Lord  Chief  Baron. — The  counsel  fiir  the
prosecution  may  consent  to  a  production  of
particular  papers  in  their  custody.
