I appear, my Lords, on behalf of the three last defendants, Holloway,
Sandom, and Lyte, men in a very different situation from the noble, but
unfortunate person who first addressed your Lordships, upon the present
painful occasion. The office I had to perform for these three defendants
appeared to me on the trial to be a very difficult one; because with
regard to them there was a direct confession, that they were in part
guilty of that which was imputed to them. Holloway and Sandom,
voluntarily confessed themselves guilty of all that part of the
transaction, which related to the Northfleet affair.
_Mr. Justice Le Blanc._ There was a confession by two of them.
_Mr. Serjeant Pell._ But though they were the only persons who made a
direct confession, yet I, upon the trial as counsel for Mr. Sandom, had
no scruple in saying, that Mr. Sandom concurred in the confession which
they had made. In this situation, it not being possible for me to
contend, that those for whom I appeared, were not guilty of that part of
the transaction; the only point which I could enforce at the trial was,
that they were unacquainted with the other part. It is not for me to
contend now (against the verdict of the Jury) that they were not also
guilty of the other part; though, if I might be permitted to state my
own feelings, I cannot but think there was a considerable defect of
proof on that part of the case. The only circumstance that connected the
one transaction with the other, independently of their taking place at
the same period of time--and we must be aware that history furnishes
many examples of conspiracies, having the same object, formed at the
same time, yet totally unconnected with each other--the only link that
connected the first of these transactions with the last, was the letter
of Mr. Cochrane Johnstone, in which he mentions M'Rae as a person, who,
for £.10,000, was willing to explain the whole of the transaction of the
21st February. Unquestionably that letter was no evidence against Mr.
Holloway, Mr. Sandom, and Mr. Lyte. There was but one other circumstance
appearing on the trial that connected them together; it was, that the
chaise which took Mr. De Berenger, went to the same place where the
chaise went which carried the three others. But it appeared upon the
evidence, with respect to that part of the case, that Mr. De Berenger
went to the Marsh-gate at Lambeth, not in consequence of design, but of
an intimation which he received from the driver who drove the last
stage, that there was no hackney-coach to be procured at the first place
where they would stop; in consequence of which, Mr. De Berenger directed
the man to drive him to another.
I am not disposed to-day to go into that part of the case, and to argue
the matter as I did before the jury. That there was evidence on which
the verdict of the jury may be supported, I cannot for a moment dispute;
but I am sure your Lordships will excuse me for just begging your
attention to that part of the case, because, I think, when compared and
considered, together with what Mr. Holloway did when he made the
communication to the Stock-Exchange, it does furnish an additional
ground, which may fairly be urged in mitigation of punishment.
Let us attend to the circumstances under which Mr. Holloway made this
confession. M'Rae, of whom I know nothing, is absent, and I have no
means of tracing who he is; but he, finding there was a strong
disposition on the part of the Stock Exchange, upon any terms to obtain
evidence of the transaction of this day, hastens to Mr. Cochrane
Johnstone, and then this extravagant offer is made by Mr. Johnstone on
his behalf, to communicate all the information he is possessed of for
the sum of £.10,000. This reaches the ears of Mr. Holloway. Mr.
Holloway, knowing he had been guilty of acts on that day, which
certainly would subject him, if discovered, to a criminal prosecution,
but having reason to believe that M'Rae knew nothing of the transaction
in which De Berenger acted, with a view to save the gentlemen of the
Stock Exchange from paying money for a communication which would be of
no value, came forward and made the confession, which appears upon your
lordship's notes. Were it not for that confession voluntarily made by
Mr. Holloway, there is no evidence against him, to shew that he was
guilty of any part of the charge; nor any evidence against Lyte, to shew
that he was guilty; but he was present when Holloway made the
confession, and permitted him to make it. Therefore the whole evidence
against them is their own confession, made with a view to save the
gentlemen of the Stock Exchange a useless loss of money. I think I may
be permitted to say, particularly as it regards Mr. Holloway and Mr.
Lyte, that they stand in a situation which at least entitles them to the
consideration of your lordships. I will not presume to say, the
confession of Mr. Holloway and Mr. Lyte was made under any promise from
the gentlemen of the Stock Exchange that it should not be used against
them; but I think I may be permitted to suggest, that could they have
supposed, the only evidence to be used against them would be their own
confession, they would rather have hesitated about making a confession
which alone places them this day before your lordships. It must likewise
be taken as part of that confession, that Holloway and Lyte denied any
concurrence with the noble lord and the other defendants; and I think I
may press upon your lordships attention, in confirmation of this, what
Lord Cochrane has himself stated, that he had no knowledge of them.
My Lords, it is true these persons have been guilty of a great
misdemeanor, and it is not for me to say a word in their favour, in the
way of palliating the immorality of the act. All I could submit to the
jury was, that there was not evidence to connect them, with the other
part of transaction; all I can now submit to your Lordships, is that
they have done all they could do, after having been led into the
commission of so scandalous and mischievous an offence, to save the
prosecutors further loss and trouble. I have not troubled the Court
with affidavits to character, I am well aware that such a transaction as
this must stand by itself, I pursue the same line of conduct which I did
at the trial; I propose not to offer any thing in arrest of judgment, I
produce no affidavits in mitigation of punishment; but I do submit to
your Lordships upon the whole of the case, as it respects these three
defendants, that they do stand in a different situation from the other
defendants; and though it is not to be forgotten that they were parties
in a most scandalous transaction, yet that their ready confession does
entitle them to as much consideration, as your Lordships can give in
such a case.