raced from Dover to London; but the great
point upon which my learned friend relied, as affecting him after he
came to London, was the contradictory statement, as it is supposed, of
Lord Cochrane in his affidavit. Gentlemen, first, upon the subject of
what are called voluntary affidavits. It is extremely absurd in
magistrates ever to take them; no man who knows the law, if he knew he
was taking a mere voluntary affidavit, would swear the person before
him; but as far as the magistrates are concerned, it is impossible from
the nature of the thing, that they should know whether they are
voluntary affidavits or not, for there is a great part of the business
of magistrates which does not depend upon the hearing of parties, and
unless they were to read every affidavit through, which would be to
impose a great burthen upon them, they must sometimes swear a party to a
voluntary affidavit.

But, Gentlemen, let us look to Lord Cochrane's situation in this matter.
I will suppose that Lord Cochrane knew he was not liable to the pains
and penalties of perjury by law; but is Lord Cochrane so reduced in the
scale of society by any thing that has yet appeared before you, that
you will say he has not only joined in committing the fraud in this
conspiracy charged, but that he is a person wholly unworthy of credit,
and who, though he may not be subjected to the penalties of perjury, is
lost to all sense of duty, so that he would, because he could not be
prosecuted at law for the perjury, put his name to a direct and absolute
falsehood. I believe no man would say of Lord Cochrane, that he had so
utterly thrown off all regard to religion, to the sanction of an oath,
properly so called, and to the responsibility he stands under in
conscience, as that he would go before a magistrate and make an
affidavit, because he could not be prosecuted. I think the supposition
is so shocking and so degradatory to him as a man, an officer and a
christian, that you will not come to that conclusion. That Lord Cochrane
is a brave man, that he has served his country well, no man will deny.
Does Mr. Baily then, do the three other brokers, who demurred to the
question put to them as to time bargains; do all this mass of people,
constituting the Stock Exchange, now standing within the sound of my
voice, mean to say, that because Lord Cochrane has acted so improperly
(for I so consider it) as to enter into a time-bargain, therefore he is
not to be believed upon h