ly afterwards
apprehended in a distant part of this kingdom; now this is a coincidence
of circumstances which requires very satisfactorily to be accounted for,
in order to raise a doubt in the mind of any one that there was a
connection with respect to this transaction, and an intimate connection
between the parties charged upon this indictment, I mean particularly
the defendant, my Lord Cochrane, the defendant Butt, and the defendant
De Berenger. Where we find that it is to the house of my Lord Cochrane
that he comes immediately after having acted this part in spreading this
rumour between Dover and London, and where the very notes that are found
upon the person of De Berenger, before in insolvent circumstances, are
part of the produce of that very draft which had actually been traced to
the hand of Lord Cochrane, and by the intervention of another of the
defendants, Butt, had likewise, I think, been through the hands of Mr.
Cochrane Johnstone paid to this very De Berenger, and found in his
possession when he had absconded, and was going by another name in a
distant part of this country.
With respect to the other part of the transaction, when we find who were
the persons who benefited by this plan, which has been so put into
execution; that the persons who were connected together in speculating
in the funds up to the very period of the 21st, and were then the
holders of very considerable sums, or contracts for those sums, down to
the morning of the 21st, got rid of all of them in the course of the
21st, and when those circumstances of connection which I have adverted
to have been so clearly made out, and no satisfactory account given, nor
any reason given to expect that a satisfactory account would be given,
if a further opportunity of investigating it should have been afforded,
how can the court come to any other conclusion if they have to exercise
their judgment upon the fact, but the conclusion to which the jury have
come, namely, that the defendants are guilty; that it was a conspiracy
ingeniously and cunningly devised, extensive in its operation, most
mischievous in its effect, and contrived for the wicked and the
fraudulent purpose of enriching some few individuals at the expense of
others, who might be induced to sell, and to buy property on that day,
or who might be in a situation to be obliged to do it, which was the
case with the suitors of the court of Chancery.
The offence of conspiracy is in itself alwa
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