My Lord, I am with the two learned gentlemen who have preceded me; and I
would merely observe, that the affidavits which we might have been
expected to offer upon this occasion, in support of the line of defence
which we pursued, and which the learned serjeant has stated, could not
properly be addressed to the court, because they must have gone in
contravention to the verdict of the jury. At the same time I may be
permitted to say, it is extremely singular, that in the two plans to
affect this mischief, in each of which so many persons were concerned,
and where so much assiduity has been employed, no one circumstance of
connection between them has been discovered but that which was stated by
the learned serjeant. What M'Rae might communicate was no evidence
against these defendants; no doubt Mr. Cochrane Johnstone gave his
sanction to that communication, by offering to contribute to the reward
for which M'Rae stipulated; but Mr. Johnstone's acts are no evidence
against these defendants. It is most unfortunate for them, that M'Rae,
who appears to have been connected with Mr. Johnstone in one part of the
affair, has appeared to be connected with them in the other part. It
will perhaps occur to your Lordships to enquire why I state these
things, seeing there is an admission of something criminal. I state
them, because I think they do afford an argument in mitigation of
punishment; because I think they will lead to the conclusion in your
Lordships minds, that had these defendants been aware of the whole
extent of mischief which was to be carried into effect, they probably
would not have joined in it. Your Lordship put it to the jury, at the
trial, that it was not necessary all the actors in the drama should know
the part assigned to each,--that it was enough they had each contributed
to the general object.
_Lord Ellenborough._ That they were parties to the general object, and
co-operating to effect it.
_Mr. Denman._ But your Lordship particularly stated, it was not
necessary that the jury should arrive at the precise degree of
participation and extent of criminality. I humbly conceive, the extent
of criminality, as affecting these defendants, is, in comparison with
the others, very small; and I trust your Lordships, considering their
degree of guilt, will proportionably moderate the degree of their
punishment. In the case of conspiracy, the law itself inflicts a most
severe and heavy judgment; and in pronouncing that sentence which must
come from your Lordship's lips, I have no doubt, the considerations
which attach themselves to it, will not be overlooked.