ice this case; and unless I have deceived myself, or
my ears have deceived me, I have heard no such evidence given in the
cause, as my learned friend stated; a stronger statement to prejudice
could hardly be made in a case of this sort; but I heard no such
question put to Wood, the messenger, and I listened with all the
attention I could to his examination.--My learned friend stated, that
Mr. De Berenger had been extremely anxious to get back into his hands
the identical notes; that no other notes would serve him; that he must
have those notes, and those only delivered back. Was this stated without
any reason by my learned friend? Certainly not; it would have been, if
the fact had corresponded with the statement, an extremely strong
argument on the part of my learned friend against this gentleman for
whom I am counsel. But my learned friend, and his learned coadjutors,
never put to any witness, at any one period of this cause, the question,
whether Mr. De Berenger made any such application to their knowledge?
and all this is a gratuitous statement of my learned friend, but a
statement that went to prejudice, or was intended to prejudice, your
minds upon the subject, and it undoubtedly was very important.
Gentlemen, this may have been said in places unknown to me; it may have
been said in newspapers for aught I know to the contrary; but, thank
God, I never read newspapers with that attention some gentlemen do, for
I think it is a great waste of time. If men are in public situation,
they must read them; but I have heard no statement in evidence of that
circumstance, which my learned friend Mr. Gurney so much relied upon,
and so much reasoned upon in his statement to you.
Gentlemen, it was also said, that there had been publications in this
case; I do not know by whom those publications have taken place. There
was some evidence given by Mr. Richardson, of a publication by Mr. Butt;
that I suppose my learned friend has seen; I have not; but I do not go
along with my learned friend in this; I do not agree, that these are the
necessary consequences of a free press; I have always been of opinion,
and always shall, because it is firmly rooted in my mind, that all
previous publications on one side or the other, tending to inflame the
minds of the Jury, who are to try questions between the King and his
subjects, or between party and party, on whatever side they may be
published, are most highly and extremely improper. I think i
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