y Lord; my learned friend Mr. Serjeant Pell has alluded to the
different situations of the several defendants who now stand upon the
floor for your Lordships Judgment. It is, my Lords, a lamentable
spectacle, but it will not, I trust, be an unprofitable lesson to
mankind, that conspiracy, like "misery, acquaints a man with strange
bedfellows." The conspiracy of the 21st February was, for all the
defendants to act in concert, each man to perform his part toward the
accomplishment of their common purpose;--one to travel from Dover,
others to travel from Northfleet, and others to be on the spot at the
Stock Exchange, to avail themselves of the rise in the funds produced by
these operations. But the conspiracy on the day of trial, and the
conspiracy of this day, is, for each, to be distinct and separate, and,
as much as possible, unknown to the others.

I am willing to concede to my learned friends who have last addressed
your Lordships, that some of these defendants do stand in a very
different situation from the others. Of Holloway and Lyte, it is fairly
to be observed, that by their confession they did manifest a degree of
contrition; it must, however, be recollected respecting Holloway, that
the purpose which he conceived, was a fraud for his own personal
advantage: It is in evidence that his fraud took effect; and he has not
ventured to state to your Lordships, by affidavit, to what extent that
fraud was successful and profitable.

With regard to Sandom, the other defendant of this class, his part in
this transaction was a very prominent and important part; and he was
proved to be guilty by the evidence of others, not by his own;--he
cannot plead the merit of a confession. It may, however, fairly be urged
for all these three defendants, Sandom, Holloway and Lyte, that they did
not aggravate their case at the trial, in the manner in which the other
defendants aggravated theirs.

As to the defendant De Berenger, it appears that he was the hired and
paid agent of Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt; and
having received his wages, he was attempting clandestinely to quit the
country: If he had effected that purpose, he would have escaped
punishment himself, and would probably have defeated justice with
regard to the others. But, my Lords, his case has been greatly
aggravated, as indeed have the cases of Lord Cochrane and Mr. Cochrane
Johnstone, by attempts to defeat public justice, as absurd as they were