ase is fairly worth. I
hope, whoever were the authors of this, which has been called, and
improperly called, a hoax, will suffer for their offence; but when we
are reminded, that certain persons have suffered by it, I must say, that
the fair purchasers who have suffered, are but few in comparison to
those who are objects of no compassion, namely, the gamblers who
attended at the Stock Exchange upon this occasion.
Gentlemen, I admit also, that which has been stated by my
learned friends, that it is not necessary, for the purpose of bringing
home the crime of conspiracy to any individual who may be charged with
it, that you should call a person who was present at any of the
consultations--shew the casting of the different parts of those who were
to act in the drama, and point out distinctly who those were who were to
perform, and how afterwards they have performed these parts. I admit
that all this is not necessary to be proved: conspiracy, like every
other offence, may be brought home by circumstantial proof. Indeed,
circumstantial proof is, in many cases, more satisfactory than that
which is direct and positive, because it is free from the suspicion of
falsehood. But I deny, upon this occasion, that there are any
circumstances that bring home the crime of conspiracy to any of the
three persons whom I represent. All that is proved may be true, and yet
the defendants may be innocent. The circumstantial evidence that alone
can warrant conviction, is the proof of such facts as could not have
happened had the accused been innocent.
Gentlemen, whether Mr. De Berenger be the Colonel Du Bourg who pretended
to bring the news from France, or not, it is not for me to discuss; I
shall leave that question to my learned friend Mr. Park, who is counsel
for Mr. De Berenger, and who, I hope, will be able to satisfy you that
Mr. De Berenger is not that Colonel Du Bourg; if he is not that Colonel
Du Bourg, then there is no evidence against either of the parties I
represent. But admitting, for the purpose of my presenting the case to
you which I am called upon to support, that De Berenger is that Du
Bourg, still it is another question, whether either of these defendants
were connected with De Berenger; and I do, notwithstanding what has been
stated to you by my learned friend, that he was perfectly certain that
he should bring home the guilt charged by this indictment to all the
defendants, submit most confidently, that there is no evid
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