a ground as this? I cannot call these persons for each other; being
joined in the indictment, I am deprived of that opportunity. I do not
find fault with the prosecutors so doing; but you must be content, under
these circumstances, with the best explanation I can offer to you, with
respect to that which appears against this gentleman. I shall offer you
the best evidence the nature of the case admits; and I cannot do more.
If direct evidence cannot be offered, you will not expect it, as my
learned friend says on the part of the prosecution, I say on the part of
the defendants, and much more strongly. If you see my clients offer you
the best evidence the nature of the case admits of, with that I am sure
you will be content.
Gentlemen, with respect to Mr. Butt, there is not a tittle of evidence
bringing him into connection with Mr. De Berenger; no man has proved
that ever they were seen in the same room; no person has ever brought
them into connection together; and it is merely because Mr. Butt is a
great purchaser of stock, and some of Mr. Butt's money is found passing
through the hands of Mr. Cochrane Johnstone into the hands of Mr. De
Berenger, that you are desired to find them all connected together in
this conspiracy.
Gentlemen, I have divided these three persons cases; but there is an
observation common to all the cases, which I feel it my duty to make to
you. My learned friend said, he could not put them in the same room
together; but I think if these persons were conspirators, he would have
found no difficulty in bringing them nearer together than he has done. I
think he might have shewn, that about the Stock Exchange, or at some
place or other, they were at some time or other all acting together; we
have eight or nine different persons, Mr. de Berenger, Mr. Cochrane
Johnstone, Mr. Butt, Lord Cochrane, Mr. Sandom, Mr. Holloway, Mr. Lyte,
Mr. M'Rae, all charged as co-conspirators; did any man ever see all
these persons together; between a great number of them there is not the
least proof of connection; you are desired to find a conspiracy
proceeding upon this supposition, that all these parties were acting in
concert; and yet between two of the parties, there is no more connection
proved to have existed, than there is between you and me, or you and any
one of these parties.
Gentlemen, this observation I should have a right to make on any case of
a conspiracy. I should have a right to say, it is too dangerous t
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