or guilty.
Gentlemen, if in the outset of this case I addressed you with
confidence, as to the result, I address you now with confidence,
increased ten-fold, when I recollect the arguments by which these
defendants have been defended; when I recollect the evidence which _has_
been adduced in their defence, and when I recollect too the evidence
which has _not_ been adduced in their defence; the first, as it appears
to me totally failing, in making out a case of innocence; and the two
latter concluding to their guilt.
Gentlemen, as it is the smallest part of the case, I will take up that
part upon which you were addressed last this morning, by my learned
friend Mr. Serjeant Pell, which has been denominated in this transaction
the underplot. My learned friend endeavoured, with great ability and
ingenuity, to persuade you, that the transactions which have been
brought before you, did not constitute one plot, consisting of two
parts; but two separate and distinct plots, two conspiracies totally
unconnected with each other. And my learned friend concluded very
properly, that if he could convince you of that, he should entitle his
own clients to an acquittal on this indictment.
Gentlemen, if there were two conspiracies, then miracles have not
ceased; for unless you can believe, that a most extraordinary miracle
has occurred, it is quite impossible to conceive that there were two
plots. It is not necessary in a conspiracy, that every party should know
every other party in the conspiracy; it is not requisite that he should
be acquainted with all the dramatis personae, and the character assigned
to each; it is enough if they engage in the general plan to forward the
same general end, and each takes the part which is assigned him to the
furtherance of that end. Now, gentlemen, look at the whole of the case,
and see whether it is possible to believe, that these persons who came
in the second post-chaise from Northfleet to London, were not cognizant
of part of the plan, at least, if they were not of the whole, and that
they were not aiding in the general conspiracy, to give a temporary rise
to the funds on the 21st of February. That they afforded very material
assistance in the completion of that purpose, is proved to
demonstration. Independent of the facts, we have their own testimony
against themselves, which is quite conclusive. Ask M'Rae, whether the
plot was one or whether it was two? M'Rae was ready to come forward, and
|