Part 155

Gentlemen, I come now to the case of Mr. Cochrane Johnstone; and with respect to him, I find that the charge is attempted to be made out against him upon these grounds; first of all, that he was a very great speculator in the funds. Gentlemen, I charge again upon the Stock Exchange the same unfair mode of proceeding, with respect to Mr. Cochrane Johnstone, which they pursued in the case of Lord Cochrane: with respect to Mr. Cochrane Johnstone, they take up the case, I think, on the 8th, but my learned friend applied his observations principally to the 12th of February. Now, gentlemen, so far from that being a fair statement of the transaction, it appears most clearly, that Mr. Cochrane Johnstone had been speculating in the funds, and speculating as desperately from the month of November, as he was in this month of February. But another thing is pressed against Mr. Cochrane Johnstone, the largeness of his balance on the 21st of February, which is stated to be L.420,000; now, gentlemen, I am astonished that the Stock Exchange should instruct my learned friend to say any thing to you upon that subject, producing the account which they have produced; if Mr. Cochrane Johnstone had never had so large a balance before, there would have been something in the argument; but cast your eye up that page, and you will find that Mr. Cochrane Johnstone, who is supposed to have been desirous of getting a quantity of stock into his possession, to sell on the 21st of February, had on the 14th L.615,000; so that this gentleman, who is supposed by the prosecutor's case, to have meditated a fraud by the sale of stock on the 21st, is found reducing his balance immediately before that day from L.615,000 to L.420,000; to contrive and carry into execution such a trick as that which has been practised, must have taken many days. It certainly must have been in contemplation as early as the 14th, how then can the prosecutors account for Mr. Johnstone's conduct in selling between the 14th and 21st, if Mr. Cochrane was one of the persons who had been contriving to put into his possession all the stock that he could purchase, for the purpose of selling it on the 21st; this is so entirely inconsistent with what must have been the view of a man engaged in a transaction of this sort, that a view of this paper is sufficient to show that there could not have been such an intention; look at this paper, and you will see what he was in the habit of selling; look at his daily sales, and you will find that he began selling; on the 9th that he sold L.10,000, on the 10th L.105,000, on the 11th L.35,000, on the 14th L.100,000, on the 16th L.10,000, on the 17th L.19,500, and on the 19th, this gentleman, who is supposed to have meditated such a fraud as this on the Monday following, sells out L.18,000. Let any man in his senses, any man not carried away with the feelings which agitate the Stock Exchange, in consequence of their having been outwitted; for these sharps, who are called flats by one of the witnesses, did not like to be taken in by other sharps. Let any dispassionate man look at this paper, and say whether Mr. Johnstone could have contemplated the rise in the funds that took place on the 21st.

Gentlemen, it is said that he made a very large profit; that will not prove much, because he was making this sort of profit on several occasions before. What was the general habit of his business, as to the Stock Exchange? Why, that he was content with a very small profit, constantly telling his brokers, that whenever they could get a profit they were to sell, and he was acting in the very same way, until the day on which this transaction took place.

Gentlemen, I have also to observe particularly, that though he did go into the city on the Monday morning, he was in the habit of going every morning; he did not get there any earlier on that day than on any previous day, and so far from his being concerned in the sale of this stock, a very considerable quantity (Hichens speaks to L.50,000) had been sold before he or any one of these gentlemen came there; how is it possible therefore to say, from the circumstance of his being possessed of this stock, and selling it, that he was implicated in this transaction; on the contrary, I ask you, looking at the whole of this evidence, ask yourselves this plain question, whether he was not selling on the 21st upon the same principles as he had been selling to an immense amount on the preceding days on which sales had been had?

Gentlemen, with respect to profit, I believe that will appear somewhat different from what it has been stated, if you cast up the amount of profits. We are sought to be charged with a fraud. Why? because these three gentlemen all together made a sum of L.10,000, which, however, these gentlemen of the Stock Exchange have put their hands upon, and nobody is likely to get at, as they state it; I believe the whole did not amount to more than L.6,000, but the prosecutors state it at L.10,000, that is to be divided among the three, another person taking a share too; but if profits have any thing to do with it, you will find the sales made by Mr. Cochrane Johnstone alone on the 17th, produced a profit of above L.8,000; how, therefore, can you presume, merely from the circumstance of the profits made on the 21st, that he was connected with this conspiracy? Gentlemen, he was near the Stock Exchange, and if in the secret, he certainly would have availed himself of the practice to which I have alluded, namely, selling at a favourable moment, stock he was not in the possession of; all the brokers have been examined, and not one of them has been able to tell you of one single shilling stock sold by these gentlemen, or either of them, of which they were not actually in the possession. It is impossible, if he is so rapacious a man as to engage in a speculation to ruin his fortune and his character, to account for his not taking advantage of such a state of things.

Gentlemen, next to the profit made by Mr. Cochrane Johnstone, is his having been engaged to take a house for Mr. Fearn; and here I was led to expect that my learned friend would falsify the statement made upon oath by Mr. Cochrane Johnstone; he was to prove, that what he had sworn to, or offered to swear to, of his not having taken the house was untrue; it is enough for me to say, that that is not proved; it is an unfounded statement of my learned friend, proceeding from misinstructions which have been given to him by his clients; but on the subject of taking this house, my learned friend must have felt the distress of his case when he pressed it upon you.--Why, gentlemen, what are you desired to find? not that these parties were generally engaged in stock-jobbing transactions; not that these parties had conceived an intention of dealing for a continuance in the stocks; but that they had planned a scheme by which, at one stroke, they were to cheat all persons who came to engage with them in the Stock Exchange; the fraud was to be over in a single day; they wanted no office for that; that could be wanted only for the purpose of carrying on that scheme of stock-jobbing, which these persons began in November, and have actually continued long subsequent to the 21st of February; but does it not appear that my learned friend is wrong in his instructions. According to the papers we have seen (most improperly circulated) a house was taken for Mr. Fearn, without his knowing any thing about it; and Mr. Fearn found himself seated in the office, without knowing how he came there.--Does that turn out to be the fact? No; it turns out that Mr. Butt had an office before, which he did not like; Mr. Cochrane Johnstone took another office for Mr. Butt; Mr. Fearn came to look at Mr. Butt's office, liked it, and it was kept for him. In consequence of this, this office, which you are told was taken by Mr. Cochrane Johnstone for Mr. Fearn, without his knowledge, was taken by Mr. Fearn for himself, because he found the house to be a convenient one; and it was suggested to him by his friends, that such a house would be extremely convenient to them. Upon this, Mr. Butt agreed to give up one of the rooms he had, and allowed Mr. Fearn to take possession of that room. Gentlemen, there is another thing which proves that the taking of this house had nothing to do with this particular day; you find, that Mr. Fearn not only continued to possess these rooms, sticking up his name there, but that he liked them so well, he has since taken the whole house, and now continues to occupy it.

Gentlemen, what is the next head of evidence pressed against Mr. Cochrane Johnstone? It is, that Mr. Cochrane Johnstone called, and left a letter on Saturday the 26th, at the lodgings of Mr. De Berenger. Gentlemen, in the first place, I have to observe, that it was but very loosely and unsatisfactorily proved, that Mr. Cochrane Johnstone was at the house of Mr. De Berenger on that day; but I will admit it, for that is the best way, perhaps. I never have denied, that Mr. De Berenger was acquainted with Mr. Cochrane Johnstone; I never denied that they were in the habit of dining together, and if they were, where was the harm of his leaving a note at the house of Mr. De Berenger.

Gentlemen, I did expect, as there has been so much activity (an activity by the bye that has gone beyond the proper line) in seizing the papers of this gentleman, that we should have seen the letter that Mr. Johnstone left at De Berenger's; but no such letter is produced, and although the prosecutors have got possession of every paper belonging to De Berenger, not a scrap of paper has been produced in the handwriting of my clients; all that is proved is, that Mr. Cochrane Johnstone called upon De Berenger, as one acquaintance would call upon another. Gentlemen, God forbid, that because he does so, it should be conceived that he is a party with Mr. De Berenger in this scheme, if he has been concerned in it.

Gentlemen, the next attempt is this, and a miserable one it is; all possible means have been had recourse to, for making it out; for not only has Mr. Basil Cochrane's servant been subpoenaed by the Stock Exchange, to prove who are the persons dining at his house, but the females of this family have been subpoenaed to this place, and kept here for the purpose of proving the same facts which might have been admitted at any hour of the day, and not only subpoenaed, but that subpoena sent by a person whose presence was the most insulting of any one who could have been selected in this town, and who could have been selected for no other purpose than that of offering insult to the members of this family.

Gentlemen, the next circumstance in this case is, that some money was found in the chest of Mr. De Berenger, which certainly had passed through the hands of Mr. Cochrane Johnstone. Gentlemen, I think you have a clue already given you, by which you can account how De Berenger became possessed of Mr. Johnstone's money. But I shall offer other evidence on this part of the case; I will shew most satisfactorily how that money came into De Berenger's hands. You have had it proved already, that Mr. De Berenger is an extremely ingenious artist; you have had it proved, that he was engaged by Mr. Cochrane Johnstone, for the purpose of planning a new Ranelagh, to be called Vittoria, near Alsop's Buildings. Now, I will prove to you, by a witness I will call, that part of this money was paid by Mr. Cochrane Johnstone to De Berenger, for the plans he had drawn for Mr. Johnstone of the projected garden; and the remainder was lent to Mr. De Berenger on his note of hand, by Mr. Johnstone. Fifty pounds was advanced in September last, when the plans of the garden were begun; and L.200 more was paid in the month of February, the 25th or 26th of February. Mr. De Berenger, at the time he was paid for his plans, stated that his distresses were such, that though what he had received was all he had a right to ask of Mr. Cochrane Johnstone, in satisfaction of that which was due to him for what he had done at Vittoria Gardens, yet he hoped Mr. Cochrane Johnstone would advance him L.200 more, by way of loan. Mr. Cochrane Johnstone was exceedingly desirous of relieving the distresses of Mr. De Berenger; but he would not do it, unless he found he would be effectually relieved by the proposed loan. I will prove to you, therefore, that he took same days to consider of it; and on being satisfied on that point, he did lend De Berenger another L.200; and this money was paid in that manner to Mr. De Berenger and Mr. De Berenger has given his note for it, payable in six months.

Gentlemen, my learned friend told you, that bank-notes were good things to trace crimes; certainly they are. The finding of the notes puts me to give some account of them. I will do that by the evidence I have stated; and I have a foundation laid for the proof that I shall offer, by the evidence produced already in the cause. I have seen the plans; you shall see them; and after you have seen them, if you are called upon by the evidence produced in this cause to convict De Berenger, which I hope you will not be, you will lament that you are bound to convict a man whom you will find to be possessed of so much ingenuity and taste. You will find that the sum paid is but a small remuneration for the attention he had paid, and the skill he had bestowed, in the service of Mr. Cochrane Johnstone; but whether he was well or ill paid is not the question; the payment of the money, I admit, renders some explanation necessary, and I will give it to you.

Gentlemen, I come now to the case of Mr. Butt; and with respect to him the case is very much like that of Mr. Cochrane Johnstone, therefore I shall have occasion to trouble you with but few observations. He is found to have had a large balance on the 21st of February, but he had as large a one before; he sold on this day, but he had sold a much before. He made only L.1,300 on that day; he had made much more on other days; there is not an atom of evidence connecting him with Mr. De Berenger; but the taking of the office applies to him as well as to Mr. Cochrane Johnstone, and also the circumstance of some notes being traced into his hands. Here, gentlemen, I have a difficulty with respect to Mr. Butt, which I cannot explain by evidence so well as I can the transactions of Mr. Cochrane Johnstone; but I am persuaded you will feel that I can, by observation, as completely relieve him from the effect of those notes being in the hands of Mr. De Berenger, as I have Mr. Cochrane Johnstone. I will shew you, by the testimony I shall call, that this debt discharged to Mr. De Berenger, or the sum advanced by way of loan, was principally paid in one pound notes; if so, that will account for the whole of these one pound notes; and as to its going through the hands of Mr. Butt instead of Mr. Cochrane Johnstone, is it any thing wonderful, when you find him acting as a sort of agent for Mr. Cochrane Johnstone, that they should have passed through his hands? But it will appear, that all the notes found in the trunk of Mr. De Berenger got into that trunk, either through the loan or payment of Mr. Cochrane Johnstone. One of the witnesses called for the prosecution has proved the payment by Mr. Cochrane Johnstone of the sum of L.200; but whether that relieves him from the whole or not, are you to say a man is guilty of a conspiracy on such a ground as this? I cannot call these persons for each other; being joined in the indictment, I am deprived of that opportunity. I do not find fault with the prosecutors so doing; but you must be content, under these circumstances, with the best explanation I can offer to you, with respect to that which appears against this gentleman. I shall offer you the best evidence the nature of the case admits; and I cannot do more. If direct evidence cannot be offered, you will not expect it, as my learned friend says on the part of the prosecution, I say on the part of the defendants, and much more strongly. If you see my clients offer you the best evidence the nature of the case admits of, with that I am sure you will be content.

Gentlemen, with respect to Mr. Butt, there is not a tittle of evidence bringing him into connection with Mr. De Berenger; no man has proved that ever they were seen in the same room; no person has ever brought them into connection together; and it is merely because Mr. Butt is a great purchaser of stock, and some of Mr. Butt's money is found passing through the hands of Mr. Cochrane Johnstone into the hands of Mr. De Berenger, that you are desired to find them all connected together in this conspiracy.

Gentlemen, I have divided these three persons cases; but there is an observation common to all the cases, which I feel it my duty to make to you. My learned friend said, he could not put them in the same room together; but I think if these persons were conspirators, he would have found no difficulty in bringing them nearer together than he has done. I think he might have shewn, that about the Stock Exchange, or at some place or other, they were at some time or other all acting together; we have eight or nine different persons, Mr. de Berenger, Mr. Cochrane Johnstone, Mr. Butt, Lord Cochrane, Mr. Sandom, Mr. Holloway, Mr. Lyte, Mr. M'Rae, all charged as co-conspirators; did any man ever see all these persons together; between a great number of them there is not the least proof of connection; you are desired to find a conspiracy proceeding upon this supposition, that all these parties were acting in concert; and yet between two of the parties, there is no more connection proved to have existed, than there is between you and me, or you and any one of these parties.

Gentlemen, this observation I should have a right to make on any case of a conspiracy. I should have a right to say, it is too dangerous to say these persons were engaged together in a conspiracy; but, Gentlemen, permit me to call your attention to a particular fact proved in this case which negatives the connection of my clients in this conspiracy;--you have two persons who are stated to have made a confession of their guilt; one of these gentlemen appears to have felt the impropriety of his conduct, and in a moment when he had recollected himself, and recollected the offence of which he had been guilty, had gone with a mind disposed to make the fullest compensation that he could to those whom he had injured, and to state all that he knew of the transaction; he goes and he states, that having heard that a Mr. M'Rae was willing to give up the persons who were parties to this conspiracy, on the payment of a large sum; he considers it improper, that the Stock Exchange should be plundered of this large sum, by the extortion of Mr. M'Rae; and therefore, to prevent their paying this large sum to Mr. M'Rae, he (Holloway) goes to the Stock Exchange, and tells them all that Mr. M'Rae could tell them; and what does he say; it would have been enough if he had not said that Mr. Cochrane Johnstone, Lord Cochrane, Mr. Butt and himself, were connected; but he says, in the most distinct terms, that he knew nothing of Lord Cochrane, Mr. Johnstone, or Mr. Butt. The way in which the case is put to you, is, that all these parties were acting altogether; if so, one of the actors must know who were the other persons that were engaged; and Mr. Holloway, who was an actor, declares that he knew nothing of either Mr. Cochrane Johnstone, Mr. Butt, or Lord Cochrane; but Lyte, who was present when Holloway made this declaration, does not contradict; he acknowledges his own guilt, and asks for mercy, but he does not attempt to inculpate my clients. I ask, are you against evidence; against the evidence offered by the prosecutors, for this evidence forms a part of the prosecutors case, to say that these persons were connected with the conspiracy.

Gentlemen, if Mr. Holloway could, at the time he was disposed to make confession of his own guilt, have gone the length of saying, I can prove that Lord Cochrane is a conspirator, I can prove that Mr. Cochrane Johnstone is a conspirator, he would not have been here to-day to answer for his crime; he would not only have been paid, but most amply rewarded, if he could have given any testimony by which the conviction of my clients could have been obtained.

Gentlemen, there is another circumstance I must take leave to press upon you. It seems to me that a conspiracy of this sort could never be carried into effect without some broker being concerned in it. If my clients had been concerned, they would certainly have consulted some of the brokers who have been examined. It is impossible that they could have kept the secret from these brokers; and yet I think it is perfectly clear that they knew nothing of it. It is not pretended by the prosecutors that they had, and from the fairness with which they have given their evidence, it is but just to acquit them of any participation in it.

Gentlemen, I beg to be understood in what I am now about to say, as not intending to impute any thing wrong to Government or to the Stock Exchange; though I think I may venture to say, that what has been done as to the breaking open the trunk, and the searching for these papers, cannot be justified by law; for I know of no law that justifies the Government of the country, or any magistrate whatever, in breaking open trunks and taking away papers on suspicion of a misdemeanor; yet I am not disposed to impute blame to public officers, when impelled by proper and adequate motives, they go a little beyond the strict letter of the law; but where such powers have been exerted to detect guilt, if guilt had existed, it could not have escaped detection. There has been a degree of activity exercised to bring home the guilt to these persons, which I never saw on any former occasions; liberties have been taken which I never saw in a case of misdemeanor before. All De Berenger's papers have been ransacked and taken from him, at a moment when he could have no idea that they would be taken, and therefore could not have destroyed or secreted any, and yet not a single paper is found (but the bank notes), not a single letter; the parties to the conspiracy are never brought together in connection, and it does not appear that there has been any communication by letter. Here seems to be a conspiracy without any possible means of conspiring. I do not see how men are to conspire without communicating with each other, and I am not aware of any other modes of communication than conversation or writing; yet you are desired to find several persons guilty of a conspiracy, without any communication having been proved to have been had between them, and without any writing of any sort having been found.

Gentlemen, there is one other circumstance to which I would wish to allude; not that it concerns my clients, for I am persuaded his lordship will tell you the evidence given by that extraordinary man, Le Marchant, does not bear upon either of my clients, because though where several engage in a conspiracy, you may offer evidence that will affect any one of them, yet the declarations of one cannot affect another; now Mr. Le Marchant was never in the company of Lord Cochrane, he never heard one word that Lord Cochrane said; all that he speaks of are conversations with Mr. De Berenger, which may be evidence against Mr. De Berenger, but in point of law or common sense are no evidence against Lord Cochrane; but I will dispose of this man for the sake of the country, that he may never be sent out of the country in any office. I will shew you that he is a man utterly unworthy of credit, for I will prove to you by his own letters that he comes forward to-day, because Lord Cochrane has refused to lend him money; gentlemen, I have a letter of his, in which he desires to have an interview with Lord Cochrane; he has admitted his own hand-writing to the letters, which I will by and by put in. Lord Cochrane very properly gives no answer to the first letter desiring an interview; on the 7th of April 1814, the first being on the 6th April; on the very next day, Lord Cochrane not answering him, he writes an impertinent letter to Lord Cochrane, which you shall hear read; but I produce it for the purpose of introducing the letter which he admits Lord Cochrane wrote to him, and his answer, from which I argue Lord Cochrane's innocence, and this man's infamy. If Lord Cochrane had felt himself a guilty man, he would not have denied this man when he suggested that he could be of use to him in this cause, but you will find from Lord Cochrane's letter, he says, "I should have hoped, that circumstanced as I am, and attacked by scoundrels of all descriptions, that a gentleman of your understanding might have discovered some better reason than that of silent contempt."

Mr. Gurney. My learned friend has not yet proved that letter.

Mr. Serjeant Best. I proved that he had the original in his hand; this is the letter of the guilty Lord Cochrane to the innocent Mr. Le Marchant, in answer to the two applications for an interview. "Sir, I should have hoped, circumstanced as I am, and attacked by scoundrels of all descriptions, that a gentleman of your understanding might have discovered some better reason than that of silent contempt;" that is, what he complains of to Lord Cochrane in his second letter, "to account for the delay of a few hours in answering a note; the more particularly as your note of the 6th led me to conclude, that the information offered to me, was meant as a mark of civility and attention, and was not on a subject in which you felt any personal interest." A more prudent letter than that, I defy any man in Lord Cochrane's situation to write. A guilty man catches at any twig, but Lord Cochrane does not answer this gentleman at first, and when pressed by a second letter, he tells him the reason; it is unsafe you and I should meet, I cannot trust you, I am surrounded by scoundrels who are attempting to charge upon me a crime of which I know I am innocent.

Gentlemen, having stated to you in what light this letter shews Lord Cochrane, I beg to read you the last letter of this man, who has offered his evidence to-day; and I will then ask you, whether upon the testimony of such a man as this, you will convict one of the most suspicious characters that ever was produced in a court of justice; whether you would in any cause, of ever so trifling importance, give the least consideration to it. "I ask your lordship's pardon of my letter of yesterday, and which was written under the supposition of being treated with silent contempt;" so that this gentlemen put the true construction upon it, certainly. "To convince you of the high respect I have for your lordship, I have the honour to enclose to you a statement of what I know relative to the 21st February, and I also now declare solemnly, that no power or consideration shall ever induce me to come forward as an evidence against you, and that all I know on the subject shall be buried for ever in oblivion. Thus much I hope will convince you I am more your friend than an enemy, as my testimony, corroborated by the two officers, would be of great import, not (believe me) that I myself doubt in anywise your lordship's affidavit; but De Berenger's conversation with me, would, to your enemies be positive proof. As for my part, I now consider all that man told me to be diabolically false;" and yet he has to-day come forward to tell you the truth, and the whole truth; he has told you what De Berenger said, and has not stated the qualification, that he did not believe one word of it. "If my conduct meets your approbation, can I ask for a reciprocal favour, as a temporary loan, on security being given; I am just appointed to a situation of about L.1,200 a year, but, for the moment, am in the greatest distress, with a large family; you can without risk, and have the means to relieve us, and, I believe, the will of doing good. Necessity has driven me to ask your lordship this favour; whether granted or not, be assured of my keeping my oath now pledged, of secrecy." He has kept that oath, I dare say, as well as he has kept this; he went and gave information, and comes forward to-day to give evidence; you remember how he fenced with the evidence. I ask you, whether you believe, after I have read this, one word of what he has said. I ask you, whether this is not taking advantage of the situation of this noble lord. I am sorry to see that a man can act so scandalous a part, who has the honour of being appointed to a situation of L.1,200 a year; but I am quite satisfied the moment the Government know this, that suspension which does exist, will be continued, and that this man will never be sent to the office to which he was destined. I am quite satisfied, that when this letter is read, you will feel, that even as it respects Mr. De Berenger, for it is applicable only to him, his evidence can have no influence in any court of justice whatever, for that it comes from a man who, in the clearest and most unequivocal manner, declares himself most infamous, and most unworthy of credit.

Gentlemen, I am conscious that fatigued as I felt myself, when I rose to address you, after having been thirteen or fourteen hours in court, I have very imperfectly discharged the duty which I owed my clients; but, gentlemen, I hope they will not suffer, from not having their case presented to you as it ought to have been. Gentlemen, I do not press upon you the considerations which, in criminal cases, are often pressed, and with propriety pressed, upon juries. I do not ask you to take this case in a merciful point of view; I do not press upon you the common observation, to temper your justice with mercy. I ask you to look at this case fairly and impartially; if the guilt of these gentlemen be made out, so that you, upon your oaths, must declare them guilty, say so, dreadful as will be the consequence to all these parties; but unless their guilt is made out, if there be nothing but suspicion, you will not, upon your oaths, say that suspicion is conviction.

Gentlemen, you will recollect the situations of life in which all these men are; they have all up to this moment been the best possible characters, two of them are persons of very high and distinguished situations in life, members of a very noble family; and with respect to one of them, he has reflected back on a long and noble line of ancestors, more glory than he has received from them; and it would be the most painful moment of my life, if I should to-night find that that wreath of laurel which a life of danger and honour has planted round his brows, should in a moment be blasted by your verdict.

MR. PARK.

May it please your Lordship;

Gentlemen of the Jury,

If my learned friend, at the close of his address to you, thought it necessary to make an apology for the fatigue which he had endured in the course of this day, and during his address to you; it becomes much more necessary for me to make such an apology, when it is now sixteen hours and a half since I left my own dwelling. Gentlemen, notwithstanding that, I have a very serious and important duty to discharge to the person who now sits by me, and I have no difficulty in calling upon you, in the most serious manner, fatigued and exhausted as you may be, for your attention; you must not permit, I take the liberty of saying, as you regard the oath you have taken, you must not permit that fatigue to disable you from attention to the statement and the evidence that are to be laid before you.

Gentlemen, the case has become an extremely serious and a most important one; for the gentlemen for whom my learned friend the Serjeant has addressed you, I have nothing to say; they have been well and ably defended; but I am to address you on behalf of a gentleman totally unknown to me till this day, when I saw him in Court. He is represented to me as a gentleman of very high descent, and though he has been unfortunate in his pecuniary circumstances, he has been proved, before you to-day, to be man of very considerable attainments, and of high and literary character; it is therefore your duty, and I know it is a duty you will honestly and faithfully discharge, not to allow what my learned friend cautioned you well against, but immediately fell into the very same course himself; not to allow any thing like prejudice to bias any of your minds.