should think.

_Mr. Park._ I really think that ought not to be asked.

_Lord Ellenborough._ If a man at my instance issues a hundred and
thirty-five writs, to be sure I must bear him harmless; how long has
your neighbour Tragear failed?

_A._ Why he never failed, to my knowledge; he left his shop publicly,
and came to my house.

_Q._ He does nothing in the bail way, by way of filling up his time,
does he?

_A._ I know nothing about his private concerns.

_Lord Ellenborough._ You take upon yourself to say, that you know he has
not failed; is not his wife likely to know, she has told us he did when
he came to your house. You may go about your business.

_A Juryman._ Are you a journeyman or a master?

_A._ I am a master in a small way, sometimes I keep three or four men.

_Lord Ellenborough._ Whom else do you call?

_Mr. Park._ No more, my Lord.

_Lord Ellenborough._ Do not you prove where De Berenger dined that day?

_Mr. Park._ No, I have no means of doing that.

_Mr. Gurney._ I beg to call Mr. Murray, to put one question to him, in
contradiction to Smith?

_Lord Ellenborough._ If that question occasions a reply that will throw
us into the night; if you think this case of alibi requires a serious
answer, you will of course give it; but I think you would disparage the
Jury by doing so.

_Mr. Gurney._ I will not call him, my Lord.

_Lord Ellenborough._ Do not let me supersede your discretion, if you
think there is any use in having your witness.

_Mr. Gurney._ No, my Lord, I am quite content with the case as it
stands.

REPLY.

Mr. GURNEY.

May it please your Lordship;

Gentlemen of the Jury,

It is now my duty to make a few observations in reply on this momentous
cause; and, I assure you, that I rise to the discharge of that duty with
feelings of no ordinary nature. It is a duty in which it is impossible
to feel pleasure; for every gentleman must feel degraded in the
degradation of a gentleman, and every Englishman must feel mortified in
the disgrace of a man whose name is associated with the naval or
military glories of his country. But we are here to try these defendants
by their actions; and whatever their conduct may have been in other
respects, by those actions must they stand or fall. By the actions of
these defendants, as respecting the matters charged by this indictment,
you are now called upon to pronounce upon all the evidence that you have
heard, whether they are innocent