rds Mr. Holloway and Mr.
Lyte, that they stand in a situation which at least entitles them to the
consideration of your lordships. I will not presume to say, the
confession of Mr. Holloway and Mr. Lyte was made under any promise from
the gentlemen of the Stock Exchange that it should not be used against
them; but I think I may be permitted to suggest, that could they have
supposed, the only evidence to be used against them would be their own
confession, they would rather have hesitated about making a confession
which alone places them this day before your lordships. It must likewise
be taken as part of that confession, that Holloway and Lyte denied any
concurrence with the noble lord and the other defendants; and I think I
may press upon your lordships attention, in confirmation of this, what
Lord Cochrane has himself stated, that he had no knowledge of them.
My Lords, it is true these persons have been guilty of a great
misdemeanor, and it is not for me to say a word in their favour, in the
way of palliating the immorality of the act. All I could submit to the
jury was, that there was not evidence to connect them, with the other
part of transaction; all I can now submit to your Lordships, is that
they have done all they could do, after having been led into the
commission of so scandalous and mischievous an offence, to save the
prosecutors further loss and trouble. I have not troubled the Court
with affidavits to character, I am well aware that such a transaction as
this must stand by itself, I pursue the same line of conduct which I did
at the trial; I propose not to offer any thing in arrest of judgment, I
produce no affidavits in mitigation of punishment; but I do submit to
your Lordships upon the whole of the case, as it respects these three
defendants, that they do stand in a different situation from the other
defendants; and though it is not to be forgotten that they were parties
in a most scandalous transaction, yet that their ready confession does
entitle them to as much consideration, as your Lordships can give in
such a case.
MR. C. F. WILLIAMS.
My Lord, I am also counsel for these three defendants; the grounds of
indulgence have been so fully gone over by Mr. Serj. Pell, that I think
it unnecessary to make any observations.
MR. DENMAN.
My Lord, I am with the two learned gentlemen who have preceded me; and I
would merely observe, that the affidavits which we might have been
expected to offer upo
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