Id. The respondent warden is entitled to a thorough and sifting cross-examination of each witness called by the inmate/petitioner (OCGA § 24-9-64), and is entitled to an opportunity to present evidence. See Hunsucker v. Balkcom, 220 Ga. 73(2) ( 137 S.E.2d 43) (1964). In the case at bar, the habeas court terminated the proceeding in the middle of petitioner's examination of his trial counsel, thereby depriving the warden of his right to cross-examine that witness and any other called by the petitioner, and effectively preventing the warden from presenting evidence supportive of the presumption of the conviction's validity.

The appeal assigns error on the admission of the affidavit into evidence and on the denial of the application. This court has held in Hunsucker v. Balkcom, 220 Ga. 73 (2) ( 137 S.E.2d 43) "that ex parte affidavits should not be allowed in evidence in any trial where the evidence is finally adjudicated because it denies the privilege of cross examination as allowed by Code § 38-1705." See Camp v. Camp, 213 Ga. 65 ( 97 S.E.2d 125). "In some jurisdictions the court may, in the exercise of its discretion, hear either the petition alone or affidavits on both sides; but it should not consider affidavits of respondent which merely deny facts alleged in the petition, or which set up facts which are proper subject matter of pleas.

Since 1868 the Georgia constitution has guaranteed right of counsel to "Every person charged with an offense against the laws of this State * * *" Art. I, Sec. I, Par. V (Ga. Code Ann. § 2-105). The Supreme Court of Georgia has guarded this right with singular zeal. For habeas corpus cases holding judgments void for denial of counsel, see: Balkcom v. Gardner, 1964, 220 Ga. 352, 139 S.E.2d 129; Balkcom v. Williams, 1964, 220 Ga. 363, 138 S.E.2d 875; Balkcom v. Vickers, 1964, 220 Ga. 345, 138 S.E.2d 868; Hunsucker v. Balkcom, 1964, 220 Ga. 73, 137 S.E.2d 43; Balkcom v. Turner, 1962, 217 Ga. 610, 123 S.E.2d 918; Fair v. Balkcom, 1961, 216 Ga. 721, 119 S.E.2d 691; Grammer v. Balkcom, 1959, 214 Ga. 691, 107 S.E. 213; Wilcoxson v. Aldredge, 1941, 192 Ga. 634, 15 S.E.2d 873, 146 A.L.R. 365, cert. den'd, 317 U.S. 626, 63 S.Ct. 36, 87 L.Ed. 2d 506. The Georgia rule is that habeas corpus cannot be used as a substitute for appeal, writ of error, or other remedial procedure for the correction of errors or irregularities alleged to have been committed by a trial court.