intimacy, or rather an
acquaintance, with men, over whose conduct I could have no control
whatever. I have been informed, that it is not competent for my counsel
to rise up on the present occasion to ask your Lordships to grant me a
new trial, and therefore it is necessary I should address you myself.
_Lord Ellenborough._ Your Lordship must have been misinformed on the
subject; any application you wish to address to the Court may be
addressed to them by counsel, and perhaps with more convenience to
yourself.
_Lord Cochrane._ I understood there was the case of a conspiracy, in
which it had been held that a revision of the case, and a new trial
could not be moved for, unless all the defendants appeared in Court.
_Lord Ellenborough._ That would be the same, whether the application
was made by counsel or by yourself.
_Lord Cochrane._ It is only for the purpose of preventing my counsel
from trespassing on the rules of the Court, that I have adopted this
mode of proceeding, and I trust--
_Lord Ellenborough._ I am afraid, my Lord, we cannot hear you, unless
all the parties are present in Court. That is the rule of the Court, and
we have acted on it so lately as this very morning.
_Lord Cochrane._ I have to complain, that evidence was not brought
forward on the late trial, which was extremely material to shew my
innocence. If your Lordships will permit me to read the evidence to
which I allude--
_Lord Ellenborough._ It will answer no beneficial purpose, because we
cannot advert to what you are now stating, unless the other parties
convicted are now in Court.
_Lord Cochrane._ If your Lordships will grant me permission to read the
statement, you will be better able to judge of the propriety or
impropriety of granting my application.
_Mr. Justice Dampier._ By the rules of the Court it cannot be; your
Lordship has been informed of the practice of the Court, and from that
practice, the Court has no power to depart.
_Lord Ellenborough._ The practice of the Court is exceedingly
beneficial, and must be adhered to by us.
_Lord Cochrane._ My Lords, I have now in my hands several affidavits
that will prove my innocence, if the Court will hear them. They are very
short.
_Lord Ellenborough._ We have announced to your Lordship the rule of
practice, and we are extremely unwilling to give you any pain, but we
cannot forego the regular practice of the Court. We could not do it on
the application of Counsel, and no m
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