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" "I cannot properly give advice to anybody. It is very often supposed Judges can give advice, and I therefore take this public opportunity of saying that a Judge cannot do it.
Sir John Bayley, 1st Baronet (1763–1841), was an English judge. He was called to the bar in 1792, and was made a judge of the King's Bench in 1808. After sitting in this court for more than twenty-two years, he was at his own request removed to the Court of Exchequer in November 1830. He resigned his seat on the bench in February 1834, and in the following month was created a baronet and admitted to the privy council.
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It is one of the essential qualities of a Court of justice, that its proceedings should be public, and that all parties who may be desirous of hearing what is going on, if there be room in the place for that purpose,—provided they do not interrupt the proceedings, and provided there is no specific reason why they should be removed,—have a right to be present for the purpose of hearing what is going on.
Where a man speaks upon a subject of his own accord, he naturally tells the whole of what he knows; but where he is examined on interrogatories formally administered to him, his answers are naturally confined to the particulars to which he is so interrogated; and as the examining party generally knows beforehand the scope of the witness's evidence, he has an opportunity of so shaping his questions as that they may elicit everything in his favour with which the witness is acquainted, and keep back everything of a contrary tendency.
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