it all bought or paid for, or on account?
_A._ I decline answering that question.
_Q._ With respect to the Consols had any of them been paid for or
transferred?
_A._ I had no Consol account.
_Mr. Richardson._ I will state to your Lordship the object I have in
that; I submit it is incumbent upon the prosecutors to prove in support
of the allegations of their indictment, which charge a conspiracy for
the purpose of enabling Mr. Cochrane Johnstone and the other gentlemen,
to sell divers large sums of Government Securities, and so on, that they
had an interest in those Government Securities.
_Lord Ellenborough._ That applies only to the two first counts.
_Mr. Gurney._ If I leave my case imperfect, my learned friends will take
advantage of it.
_Lord Ellenborough._ It does not apply to the third count, certainly
there is a particularity which is quite unnecessary in the others; it
states that by certain devices and contrivances they endeavoured to
raise the price of the funds, to the prejudice of His Majesty's
subjects, to an undue elevation, and so on, there is enough to let in
the general evidence.
_Mr. Gurney._ And there is enough in the first count, independently of
the sales.
_Mr. Richardson._ The first count states this to be to enable these
gentlemen to sell Omnium, and Three per Cent. Consols, at larger prices
than they would otherwise have sold for; I submit to your Lordship, that
in support of that it is for the prosecutors to shew that they had such
to sell?
_Lord Ellenborough._ That will be an observation at the close if they
leave their proof imperfect; perhaps I accede to you, but that would
only apply to one count, they have six more counts, I do not say that
they are all safe counts, but you will see what they propose taking
their verdict upon.
_Mr. Malcolm Richardson sworn._
_Examined by Mr. Gurney._
_Q._ I believe you are a bookseller and also act as a stock broker.
_A._ I am.
_Q._ You are not a Member of the Stock Exchange.
_A._ No, I am not.
_Q._ In the afternoon of Saturday the 19th of February, did Mr. Butt,
make any application to you on the subject of stock.
_A._ On the morning of that day.
_Q._ What did he apply to you to do?
_A._ He applied to me to purchase a quantity of Omnium.
_Q._ How much did he mention?
_A._ He mentioned on the first instance as much as L150,000.
_Q._ What answer did you give to that?
_A._ I hesitated to exec
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