they knew the relation in which these three
persons stood to the funds, or their interest and speculations therein;
I mean, that such persons as M'Rae, Holloway, and so on, might not know
the precise situation in which the three stood; but if they all
co-operated to the same end, and the Northfleet imposition, as I may
call it, was intended to be auxiliary to the imposition intended to be
effected by the way of Dover, and the parties knew that they were
acting in the same fraud, and were respectively conscious instruments in
producing the same effect, they are all guilty of the same conspiracy;
and it has been admitted, by a learned counsel for some of the
Defendants, that his clients, Holloway, Lyte, and Sandom, have been
concerned in a conspiracy; but, he says, that the conspiracy in which
they were concerned, was another and a different conspiracy, from the
one in which the three first-mentioned of the Defendants were engaged;
and that you cannot unite the two conspiracies together, and convict
them all as guilty of one entire individual conspiracy; and it will be
one material point for your consideration, whether, under the
circumstances which have appeared in evidence, it is made out to your
satisfaction, that they were all conspiring to effectuate the same
purpose, pursuing similar, and with almost a servile imitation and
resemblance, the same means, at the same time, in the accomplishment of
the same end.
Now how has it been done? in both instances, by the adoption of
disguises. Of what nature are the disguises? in both instances, military
disguises; one, indeed, has gold lace round the cape, and the other has
embroidery. Sarah Alexander says, those procured by M'Rae, were officers
coats, with flowers of worsted, and that the hats were embroidered, the
one having a brass plate, and a gold tassel, instead of the sort of
ornaments that the superior actor in this conspiracy (if such you shall
be of opinion he was) had. One was decorated with a star, and that
silver ornament that you have seen; the other was in rather a plainer
dress; but there was in each case the assumption of the character of
officers; and the communication of false intelligence respecting the
good news which was to accelerate peace, was common to both parts of the
scheme. You will consider, upon the whole of the evidence, whether there
is not a link or connection, between the upper and under plot, through
the means of M'Rae, and perhaps of Mr.
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