f the Jury,
My two learned friends, who have preceded me, Mr. Serjeant Best and Mr.
Park, have both stated to you the peculiar difficulties under which they
laboured, in consequence of the great fatigue which they had both
undergone. I am sure you will agree with me, that that topic, so pressed
by them, will come with still greater force from me; for, as the night
advances, the fatigue becomes greater, and the mind more exhausted.
Gentlemen, it is under the full persuasion that you and his Lordship are
also much oppressed with fatigue, that I can venture to promise you my
address will not be very long. But I trust, that considering the point
which it will be necessary for me to expatiate upon, you will be
ultimately of opinion, that my address, although not long, is still
effectual for the interest of my clients.
Gentlemen, I stand in a most peculiar situation, because, upon the notes
of the noble Lord, it is distinctly proved, that two of the persons for
whom I am counsel, Mr. Holloway and Mr. Lyte, have admitted themselves
to be guilty of that, which no man can for one moment hesitate to say is
extremely wrong. Gentlemen, I think it is also sufficiently proved, that
Sandom, the third person for whom I am counsel, was in the chaise which
was driven from Northfleet to Dartford, and from Dartford to London; and
on my part, I should consider it a most inefficient attempt, if I were
to attempt, for one moment, to persuade you that Mr. Holloway and Mr.
Lyte, together with Mr. Sandom, have not been most criminally implicated
in this part of the transaction; but, gentlemen, although I admit this
in the outset, and very sincerely lament, that men who have hitherto
maintained a very respectable situation in life, should have been
tempted to involve themselves in so disgraceful an affair; yet I think,
unless I am mistaken in my notion of law, as applying to that record on
which you are to give your judgment, it will be found that they are
entitled to your acquittal.
Gentlemen, I feel myself under a difficulty, also, in another respect. I
must differ from all my learned friends who have preceded me in this
trial, I mean, my learned friend Mr. Gurney, of counsel for the
prosecution; my learned friend Mr. Serjeant Best, as counsel for Mr.
Cochrane Johnstone, Mr. Butt, and Lord Cochrane; and Mr. Park, as
counsel for Mr. De Berenger. I am not here to find fault with the
committee of the Stock Exchange for prosecuting this inquir
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