MR. SERJEANT PELL.

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.

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 40 / 53 题