LORD ELLENBOROUGH,

I am perfectly clear there is no ground for the motion in arrest of

judgment, and that a public mischief is stated as being the object of

this conspiracy. The conspiracy is, by false rumours to raise the price

of the public funds and securities; that crime is committed in the act

of conspiracy, concert, and combination, to effect the purpose, and the

offence would have been completed even if it had not been pursued to its

consequences, or from circumstances the conspirators had not been able

to effect it. And the purpose is in its nature mischievous; it is one

which strikes at the value of a vendable article in the market, and if

it gives a fictitious value, by means of false rumours, it is a fraud on

all who may by possibility have to do with that article; it is a fraud

on all the public who may have to do with the funds on the day to which

the conspiracy applies.

It seems to me quite unnecessary to specify the persons who became

purchasers of stock, for without the gift of prophecy how could the

defendants know who would be purchasers on a succeeding day? The

impossibility is the excuse; besides if it were possible, the multitude

is an excuse in point of law. But such a statement is wholly

unnecessary, the conspiracy being complete independently of any persons

becoming purchasers.

The Trial of Charles Random de Berenger, Sir Thomas Cochrane, commonly called Lord Cochrane, the Hon. Andrew Cochrane Johnstone, Richard Gathorne Butt, Ralph Sandom, Alexander M'Rae, John Peter Holloway, and Henry Lyte for A Conspiracy In the Court of King's Bench, Guildhall, on Wednesday the 8th, and Thursday the 9th of June, 1814 · 第 33 / 53 题