se to
thirty and a fraction.
Gentlemen, the prosecutors allege that the Defendant, De Berenger,
having forwarded this letter, pursued his course, coming to town in the
manner stated, and that he ultimately came to Lord Cochrane's house,
upon which I shall hereafter comment. You will not, I think, have any
doubt that De Berenger was the man who appeared under the name of Du
Bourg; but in order to obviate or remove that impression from your
minds, the learned counsel for the Defendant, De Berenger, did adventure
or rather was forced upon an attempt, which I own it seemed to me to
require the utmost firmness to attempt to execute; for there never was
evidence given since I have been present in a court of justice, which
carried to my mind such entire conviction of the truth and authenticity
of that part of the story; you were yourselves witnesses to the manner
in which the witnesses, who spoke to the person of De Berenger, were
put upon the investigation; they were told to look round the court, and
they accordingly threw their eyes about the court in every direction,
before they found the person whom they said they had so taken notice of;
you saw them look behind them, look down, and on every side of them, and
then suddenly, as if they were struck by a sort of electricity,
conviction flashed upon their minds the instant their eyes glanced upon
him; this occurred in every instance I think but one, where the witness
not having his eyes conducted that way, did not discover him. The
learned counsel having such abundance of proof on this head, did not
resort to a means usually adopted on occasions of this sort, and to
which it is perfectly allowable to resort, namely, that of shewing the
person to the witness, and asking him whether such person was the man;
when a man stands for his life at the bar of the Old Bailey, the witness
is frequently bid to look at the prisoner at the bar, and to say whether
he remembers him, and whether he is the person, or one of the persons
(as the case may be) who robbed him; and he pronounces whether according
to his recollection, he is the person or not. So multiplied a quantity
of testimony, so clear, and so consistent, was, I think hardly ever
presented in the course of any criminal trial; differing in no
circumstance respecting his person and dress, excepting in some trifles,
which amidst the general accordance of all material circumstances,
rather confirmed by this minute diversity, than weak
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