rosecutors, the only course by which they can be hunted down;
such guilty men must be men of too weak understandings to be answerable
for their conduct either to God or their country. In the declaration
that Lord Cochrane made to Mr. Wright, he did that justice to Mr. De
Berenger which his knowledge of that gentleman compelled him to do; he
said he did not think him guilty; but if he was guilty, he was about to
give him up to the punishment that he justly merited. Gentlemen, there
is more of simplicity, more of fair dealing in this behaviour, than was
ever found connected with so much guilt as is imputed by the indictment
that you are trying, to this defendant.
Gentlemen, let us look at the affidavit itself; my learned friend
indulged himself with making upon it a great number of very harsh
observations. It is easy to raise suspicions; but suspicion and
conviction are different things. Recollect, that before you can convict
Lord Cochrane, you must be convinced that this affidavit is altogether
false. Gentlemen, it might possibly be said, that that noble Lord, not
reflecting on the consequences of such an offence as that imputed to him
by this indictment, might be engaged in it; but you must impute to Lord
Cochrane a much more serious offence, one for which want of
consideration will be no excuse, after that affidavit has been laid
before you, or it is impossible for you to say that he can be convicted
of this conspiracy; for it will not be forgotten by you, that at the
close of that affidavit, my Lord Cochrane does, in the most solemn
manner protest, that he is altogether innocent of the offence which is
imputed to him by the Stock Exchange Committee. Gentlemen, I cannot put
that better to you than in the words of the affidavit itself; after
stating every thing that had taken place with respect to De Berenger
coming to his house, his Lordship says, "Further, I do solemnly depose,
that I had no connexion or dealing with any one, save the above
mentioned, and that I did not directly or indirectly, by myself, or by
any other, take or procure any office or apartment for any broker or
other person for the transaction of Stock affairs."
Gentlemen, it is said that this affidavit has only been sworn before a
magistrate; a lawyer, like my learned friend, knows that upon an
affidavit so sworn a party cannot be indicted for perjury; but my
learned friend will have a great difficulty in convincing you, that Lord
Cochrane, whose
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