ore can we do it upon your
application.

_Lord Cochrane._ I shall be exceedingly brief. The facts, which I shall
prove by these affidavits, will sufficiently justify me; and it will
redound to the honour of the judges of this land, to suffer me in this
instance, though contrary to the practice of the Court, to shew my
innocence; when those who are guilty of this transaction, and over whose
conduct I have no control, dare not appear in the place where I now
stand.

_Lord Ellenborough._ We must abide by the rules of the Court. If we give
way to the importunity of one, we must give way to the importunity of
all; we must administer the same justice to all, without distinction of
persons.

_Lord Cochrane._ I beg only to state----

_Lord Ellenborough._ It would be idle to announce to your Lordship, that
there is such a rule of practice as that which I have mentioned, unless
we meant to abide by it; the rule is, that no application can be made
for a new trial, unless all the persons convicted are here: we have
acted on that rule this day; and if we were now to adopt a different
rule, it might very properly be said, there was one rule for the poor
and another for the rich.

_Lord Cochrane._ My Lords, I have briefly to state these facts, that
before the late trial, so conscious was I of my innocence, that I did
not think it necessary to instruct counsel, as several gentlemen in
court know. I never read over the brief on the subject, till after the
trial, when I found a very gross error had crept into it, with regard to
the dress of the stranger who called at my house; and my servant is in
consequence represented as having admitted that he was dressed in a red
coat. The fact was, that being questioned as to the colour of the coat,
he stated that he appeared to be an army officer, to which he very
naturally attached the idea of a red coat, for the servants did not see
it.

Court of King's Bench.

Monday, _20 June 1814_.

_Mr. Gurney._ I move your Lordships for the Judgment of the Court in the
case of the King _v._ De Berenger, and others.

[_The Officer called the Defendants, who appeared, excepting
the Honourable Andrew Cochrane Johnstone, and Alexander
M'Rae._]

_Mr. Serjeant Best._ Upon this occasion I appear only as Counsel for Mr.
Butt; and before I make the motion which I feel myself called upon,
under the circumstances of this case to make, I take the liberty to
suggest to your Lordsh