ision of
any Court; or unlawful, as generally mischievous to the public.
It is stated indeed upon these counts, that the act was mischievous to
certain individuals; and if the individuals had been named, that would
have answered my objection. But I submit to your Lordships, in support
of the second proposition which I stated, that this offence, if it be
any, is alleged in too general a way to convict any of the defendants.
It would have been otherwise, if it had appeared that they were actuated
by any malicious motive against those individuals, or had any clear
intention of benefiting themselves at the expense of those individuals;
and I may with safety to my client concede this, though I am not driven
to it. On the contrary, I beg to state, it does not appear on this
record, that the defendants could possibly gain any thing by what they
are accused of having done; for it is not stated upon any of the counts,
nor is it the fact, that they possessed one sixpenny worth of stock from
the sale of which they could derive an advantage: they were therefore
doing mischief without any purpose to answer by it.
_Lord Ellenborough._ Brother Best, was it possible to state that their
purpose was to injure certain individual persons who should purchase
stock, when by no possibility could they know who the persons were that
would become purchasers? If that could have been stated, can you suggest
any name which in any way might have been inserted?
_Mr. Serjeant Best._ I submit to your Lordship it might have been
stated; and the evidence in the cause helps me to suggest an answer to
your Lordship's question. Your Lordship will remember, that evidence was
given of the accountant-general of the Court of Chancery having made
purchases of stock on this day; it might have been stated on the face of
this record, that it was known the accountant-general of the Court of
Chancery would purchase stock on the day in question, for he purchased
most days, and that the offence was committed with a view to injure the
said accountant-general, or the persons in whose behalf he purchases.
_Lord Ellenborough._ I do not know, that in the course of his office he
is directed to purchase on account of certain named individuals, on a
given day; if he is not, even so the allegation could not be precise.
_Mr. Serjeant Best._ The stock is purchased, my Lord, to the credit of a
particular cause, the accountant-general being the agent in the
transaction for
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