the suitors in that cause. Therefore the allegation
might have been, that it was to injure the accountant-general, in his
character of agent for those persons on whose behalf he purchased stock
on the particular day. And this brings us to the true character of
conspiracy. I submit to your Lordship, this act could only be made
conspiracy, by shewing that the defendants possessed stock, and by
stating on the indictment, that possessing stock, they conspired to
raise the price of the funds on a particular day, and that when raised,
they sold their stock to certain persons specified. Suppose they knew of
persons who were going to purchase on this day, and with a view to make
those persons pay more than they otherwise would, they did that which is
charged upon this indictment; that would clearly be an indictable
offence. It is not the difficulty of bringing the case within the law
that furnishes an answer to the objection; if the law is defective, your
Lordship would recommend it to the Legislature to remedy the defect, by
making a new law.

_Lord Ellenborough._ Impossibility is some answer in point of law.

_Mr. Serjeant Best._ Your Lordships may be protecting gamblers as
infamous as any of these defendants; you may be giving your support to
prosecutions instituted by one set of gamblers against another, if this
indictment is supported. A fair holder of stock could have no difficulty
in coming by indictment, and stating, I was compelled by circumstances
to lay out a sum of money in the public funds on a given day, the day
on which this transaction took place, and I paid so much per cent. more
for what I bought. If it is necessary to constitute conspiracy, that the
intent be to injure that person who in the event is injured, then it is
impossible to support this indictment. I put it most strongly against my
clients when I say, they meditated a fraud upon all who should purchase
stock on this day; but to use the criminal law of this country, for the
protection of those who honestly purchase stock, and not to support a
prosecution brought by one set of gamblers against another, your
Lordships will require it to be stated on the face of the indictment,
who they were that were injured.

_Mr. Justice Bayley._ Suppose the conspiracy had been stated in the way
it is, but the allegation had gone on; that by reason of the said
conspiracy, A. B. and C. who on that day were obliged to purchase stock,
were obliged to pay a larger sum