The Sun.
London, England, 1860-08-27 00:00:00

THE BERWICK ELECTION COM-
MiSSION.

BERWICK-UPON-TWEED, AUG. 24.
The Commissioners met at 10 o'clock.
After the adjournment yesterday
NP Gall arrived
in Berwick and called upon the Commissioners at
the King's Arms Hotel.
and upon the secre-
tary This
tenderingnirningin order to swear
thehe was
Testament called,
him he declined to be sworn until he had made a
statement. He said that he had been already tried,
that he was acting under the advice of counsel, and
o
should decline to be sworn unless he was promised
protection. The Commissioners adjourned to their
private room, and after being absent above an hour,
returned into court.

The Chief Commissioner, addressing M'Gall, said
—You lave attended here in obedience to a sum-
mons requiring you to give evidence as to corrupt
practices on your part.
M'Ciall said, in answer—l decline to be sworn
unless lam protected. I don't decline to give evi-
dence, but I want protection. I refuse to be sworn,
because, if I enter into the statements of the evi-
dence I gave in the House of Commons, on which
I was tried, I might be subject to be tried again. I
therefore seek from the learned Commissioners pro-
tection from anyprosecution that might be brought
against me. lam ready to give evidence if I am
protected.
The Chief Commissioner said—We are limited in
our powers by the act of Parliament. We have
maturely considered the case, and I will read you
the judgment at which we have arrived
" We are enabled to protect you from the consequences of
any evidence which you may have given before us, provided
we are of opinion that you have made a true discovery to
the best of your knowledge touching all things on which
you have been examined. But if we think that you have
not made a true disclosure, then we shall refuse to grant
you a certificate of indemnity, and you will be liable to all
the legal proceedings and consequences in respect of any
corrupt practice which you may have committed, from
which, had you made a true disclosure, our certificate would
have freed you.
" We are unable to protect you from thelegal consequences
of any evidence you may have given upon your examination
elsewhere ; but as no statement you may make in answer
to questions put by us is admissible in evidence in any
proceedings, civil or criminal, except in the case of an in-
dictment for perjury committed iu your answers to such
questions, your legal position cannot be prejudiced by your
answers if they are believed by us to be true."
M‘Gall, at the ten:elation of the Commissioner's
address, said, " I decline being sworn without being
protected." Mr. Lushington observed that the law
was his protection. He replied, "It may be. I
wish to keep myself right. I may be wrong, but I
decline to be sworn, and must submit to you." He
was then given into custody, and, a warrant for his
apprehension having been handed to the Superin-
tendent of Police, he was conveyed to the common

gaol.
Great excitement prevails, and great anxiety to
know what will be the ultimate course pursued by
the Commissioners is felt.
Several other witnesses were examined, and the
Commissioners adjourned until 10 o'clock on Satur•
day morning.