t will
be when the evidence to one thing is brought to apply and bear upon
another,) good hopes were entertained in consequence that that would
happen which in part did happen, namely, that the counsel, distracted
and confused, and finding no satisfaction in the case, could not advise
a prosecution.

But what is still more material and weighty, many particulars are
suppressed in this case, and still more in the report; and turning from
the case to the proceedings of the persons who are supposed to have the
management of the inquiry, they bring forward, as an appendix to this
case, Mr. Hastings's own invectives and charge against these persons, at
the very same time that they suppress and do not bring forward, either
in the charge or upon the report, what the other party have said in
their own justification. The consequence of this management was, that a
body of evidence which would have made this case the clearest in the
world, and which I hope we shall make to appear so to your Lordships,
was rendered for the most part inapplicable, and the whole puzzled and
confused: I say, for the most part, for some parts did apply, but
miserably applied, to the case. From their own state of the case they
would have it inferred that the fault was not in their way of
representing it, but in the infirmity, confusion, and disorder of the
proofs themselves; but this, I trust we shall satisfy you, is by no
means the case. I rest, however, upon the proof of partiality in this
business, of the imposition upon the counsel, whether designed or not,
and of the bias given by adding an appendix with Mr. Hastings's own
remarks upon the case, without giving the reasons of the other parties
for their conduct. Now, if there was nothing else than the fallacious
recital, and afterwards the suppression, I believe any rational and
sober man would see perfect, good, and sufficient ground for laying
aside any authority that can be derived from the opinions of persons,
though of the first character (and I am sure no man living does more
homage to their learning, impartiality, and understanding than I do):
first, because the statement of the case has thrown the whole into
confusion; and secondly, as to the matter added as an appendix, which
gives the representation of the delinquent and omits the representation
of his prosecutors, it is observed very properly and very wisely by one
of the great men before whom this evidence was laid, that "the evidence,
a