y charge, and so
far was I from avoiding investigation, that I courted it, and instructed
my Counsel not to take advantage of any flaw, should there appear one in
the indictment, but to force the trial to issue.
I can only, my Lords, accuse myself of one fault, if it can be so
called, that of being too generous and unguarded upon money affairs. I
shall not intrude myself any further upon your Lordship's time, only
assuring you, that the magnitude of my concerns in the funds, upon which
so much stress has been laid, was not, according to my calculation, any
thing extraordinary, neither was the sum I held on the 21st February, an
act of premeditation, my concerns being as extensive before that period
as at that time, and my profit upon that day, which has been so much
exaggerated, was only L.1,300, instead of L.3,000, as stated by the
counsel for the prosecution. Whatever your Lordships decision may be
respecting myself, I shall bow with submission, feeling conscious of my
innocence of the charge upon which I have been found guilty.
MR. PARK,
My Lord, I am of Counsel for Mr. De Berenger, and it does not very often
fall to my lot to be Counsel for a defendant in the situation he is in.
When we are so, we are always placed in a most painful situation;
because it does not become the defendants themselves, much less does it
become us, to offer any thing to your Lordships that may go in
contradiction to the verdict. Undoubtedly, Mr. De Berenger is convicted,
and he must abide the consequences of that conviction. His affidavit, I
have seen only this morning; it seems to me to contain no exceptionable
matter in it, which is not always the case; that certainly is a
circumstance which one may fairly press upon the Court in favour of a
defendant. He states to your Lordships what was to a certain degree
confirmed by a noble lord upon the trial. If I recollect rightly, your
Lordship has reported, that Lord Yarmouth stated in evidence, that this
gentleman had conducted himself as adjutant to the volunteer corps of
which he was commander, in a most exemplary manner. That was a character
in which he received no remuneration; and he states to your Lordships
also, that himself and his family were American loyalists, who suffered
very considerably during the American war, in consequence of their
attachment to this country; those are all circumstances which will meet
with attention in your Lordships minds. In addition to this he has
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