My Lord, I am of Counsel for Mr. De Berenger, and it does not very often
fall to my lot to be Counsel for a defendant in the situation he is in.
When we are so, we are always placed in a most painful situation;
because it does not become the defendants themselves, much less does it
become us, to offer any thing to your Lordships that may go in
contradiction to the verdict. Undoubtedly, Mr. De Berenger is convicted,
and he must abide the consequences of that conviction. His affidavit, I
have seen only this morning; it seems to me to contain no exceptionable
matter in it, which is not always the case; that certainly is a
circumstance which one may fairly press upon the Court in favour of a
defendant. He states to your Lordships what was to a certain degree
confirmed by a noble lord upon the trial. If I recollect rightly, your
Lordship has reported, that Lord Yarmouth stated in evidence, that this
gentleman had conducted himself as adjutant to the volunteer corps of
which he was commander, in a most exemplary manner. That was a character
in which he received no remuneration; and he states to your Lordships
also, that himself and his family were American loyalists, who suffered
very considerably during the American war, in consequence of their
attachment to this country; those are all circumstances which will meet
with attention in your Lordships minds. In addition to this he has
stated, what the circumstances of the case alone would convince your
Lordships of without any affidavit, that being a defendant, under so
expensive a prosecution, has occasioned him an enormous expence. That
will be taken into consideration; and it will not be forgotten, although
this gentleman cannot be said to have been imprisoned on this charge, it
being of a nature to admit of bail, yet he has been upwards of two
months in actual custody in the jail of Newgate; that is a circumstance
which does not apply to any other of the defendants, and the Court will
take it also into consideration in passing sentence. I am quite aware he
was taken up under a warrant of the Secretary of State, under the Alien
Act; but his imprisonment had its origin in this charge, and to a
certain degree it has deprived him of those advantages for his defence
which the other defendants have enjoyed; I am not aware that I can
better serve this gentleman, than by drawing your Lordship's attention
to the circumstances which are contained in this affidavit; and I trust
I have not said any thing calculated to increase the severity of his
punishment.
_Lord Ellenborough._ Lord Yarmouth only speaks to the time during which
he had known him to be acting as Adjutant; he states that he had known
him since the year 1811.
_Mr. Park._ I do not know that Lord Yarmouth's statement went beyond
that, I thought he had added something of approbation; but I submit to
your Lordship, it is of itself sufficient proof of his good conduct,
that he was so long continued in the situation.