ee others. But it appeared upon the
evidence, with respect to that part of the case, that Mr. De Berenger
went to the Marsh-gate at Lambeth, not in consequence of design, but of
an intimation which he received from the driver who drove the last
stage, that there was no hackney-coach to be procured at the first place
where they would stop; in consequence of which, Mr. De Berenger directed
the man to drive him to another.

I am not disposed to-day to go into that part of the case, and to argue
the matter as I did before the jury. That there was evidence on which
the verdict of the jury may be supported, I cannot for a moment dispute;
but I am sure your Lordships will excuse me for just begging your
attention to that part of the case, because, I think, when compared and
considered, together with what Mr. Holloway did when he made the
communication to the Stock-Exchange, it does furnish an additional
ground, which may fairly be urged in mitigation of punishment.

Let us attend to the circumstances under which Mr. Holloway made this
confession. M'Rae, of whom I know nothing, is absent, and I have no
means of tracing who he is; but he, finding there was a strong
disposition on the part of the Stock Exchange, upon any terms to obtain
evidence of the transaction of this day, hastens to Mr. Cochrane
Johnstone, and then this extravagant offer is made by Mr. Johnstone on
his behalf, to communicate all the information he is possessed of for
the sum of L.10,000. This reaches the ears of Mr. Holloway. Mr.
Holloway, knowing he had been guilty of acts on that day, which
certainly would subject him, if discovered, to a criminal prosecution,
but having reason to believe that M'Rae knew nothing of the transaction
in which De Berenger acted, with a view to save the gentlemen of the
Stock Exchange from paying money for a communication which would be of
no value, came forward and made the confession, which appears upon your
lordship's notes. Were it not for that confession voluntarily made by
Mr. Holloway, there is no evidence against him, to shew that he was
guilty of any part of the charge; nor any evidence against Lyte, to shew
that he was guilty; but he was present when Holloway made the
confession, and permitted him to make it. Therefore the whole evidence
against them is their own confession, made with a view to save the
gentlemen of the Stock Exchange a useless loss of money. I think I may
be permitted to say, particularly as it rega