subject to my
observations, the thing being found upon him; gentlemen, supposing there
was no evidence of his hand-writing, I can only say he must be well
clothed in innocence who can escape, if a man is to be convicted, merely
because a paper is found upon him; if a man writes to me a paper
containing matter of a criminal nature, and I happen not to destroy it,
I must immediately be convicted. I do not mean that his Lordship has
said so; but if I am to be convicted because a paper is found upon me,
then a man may be in danger from every letter he receives from a
correspondent; I am sorry to say that I receive a great many letters
which I do not answer; but does my possession of the letters give ground
for inferring an approval of all contained in those letters. If you were
to convict this gentleman on account of any memorandums found in his
possession, because they are found there, I do think a great injustice
indeed would be worked.

But, gentlemen, Mr. Lavie has proved his hand-writing. I shall call
witnesses to contradict Mr. Lavie; but do not misunderstand me, I
believe Mr. Lavie to be a very honourable person, and one who would not
tell you a falsehood; but I say he has not the means of knowledge. I can
only say, gentleman, that a man must be much more attentive to
hands-writing than most of the persons of my profession, in which I
include Mr. Lavie, if he can swear to a hand-writing, because he has
seen that hand-writing once. I have seen my learned friends near me
write many times, but I could not swear to their hands-writing; if I saw
a very bad hand indeed, I should say it was Mr. Serjeant Best's; but let
me caution you; you are trying these defendants for a conspiracy; you
are trying them for a crime of the greatest and most enormous magnitude;
you are trying them for an offence that will shut these gentlemen, if
you find them guilty, out of the pale of all honourable and decent
society; and therefore, though this subject is one, which, from the
singularity of it, may create a smile, it is a matter which you will not
smile upon when you come to pronounce your verdict; because upon your
verdict must the happiness of these gentlemen depend. Will you, upon
the evidence of Mr. Lavie, honourable as may believe him to be, and just
as you may believe him to be, say that he has those means of knowledge
which he professes to have.

Gentlemen, I am placed in a very awkward situation as to that paper,
which my client