you not, in your recollection, find, in former times,
the same sort of coincidence? Do we not know that such things have
happened; that plots of a similar description, carried on by different
parties, but having the same end, have taken place on the same day?
Have there not been much more curious coincidences than chaises driving
to the same point of destination, and the persons in the carriages
leaving them there? Have juries ever been satisfied that such
coincidences should lead to proving a connection with plots in other
respects dissimilar?
Gentlemen, it is upon these grounds, therefore, I submit to you, these
three defendants are not guilty of the offence charged upon this record.
I shall trouble you with no witnesses;--there is nothing for me to
repel. If I am right in my notion of the law;--if I am right in the
persuasion that you can see nothing in the evidence connecting the two
plots together;--and if my opinion of the law is sanctioned by my Lord,
when he shall address himself to you, there is nothing I have to answer
for. It is out of my power to prove, by any evidence, that these three
persons were not connected with any of the other defendants upon the
record; such a negative as that I can never establish, and therefore I
can have no proofs.
Gentlemen, such is the situation in which the three gentlemen for whom I
appear stand. I have expressed my sentiments upon the subject as shortly
as I could. It is undoubtedly a great misfortune to my learned friends,
as well as myself, that we should have been called upon to make our
defences, when both you and we are so much exhausted.
There is but one other circumstance for me to mention, it is but a
slight one;--the person who came up from Dover appears to have paid all
his post-chaise drivers in foreign coin; there is no pretence for saying
that any thing was paid by my clients but in Bank of England notes;
there is nothing in that respect, therefore, connecting these two
parties together; and if they are not connected together, I trust you
will find Mr. Holloway, Mr. Sandom, and Mr. Lyte, not guilty of this
charge.
_Lord Ellenborough._ Gentlemen of the Jury; It appears to me this would
be the most convenient time for dividing the cause, as the evidence will
occupy considerable time, probably. I cannot expect your attendance
before ten o'clock.
_It being now three o'clock on Thursday morning, the Court adjourned to
ten o'clock._
Court of Kin
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