education has been different from that of my learned
friend, knew that he was not liable to that punishment. I am persuaded
that he conceived himself as completely amenable to the guilt of
perjury, as if that oath had been taken in a court of justice. But is
the temporal danger that awaits an act of this sort, the only thing that
could prevent a person of the character and situation in life of this
noble person, from making such an affidavit. What reason has my learned
friend given you to-day? What reason can you collect from the former
life of this noble person, (for he has been before you, and has lived in
the view of the public), that can induce you to believe that he is so
completely lost to all sense of that which is right and wrong, to all
sense of what is due to himself, as to go before a magistrate to make an
affidavit, in which he must know he was deposing to that, which at the
time he was making the deposition was absolutely false? Gentlemen, I ask
you what evidence you have upon which you are to find this noble person,
not only guilty of a foul conspiracy, but also of the still higher crime
of wilful and corrupt perjury? Gentlemen, I am quite satisfied, you will
not feel that there is any evidence in this cause, which can weigh down
the testimony which my learned friend has thought proper to put in. I
say the oath of Lord Cochrane makes the evidence offered on the other
side kick the beam; that there is nothing to put in competition with the
affidavit which my learned friend has himself given in evidence.
But, gentlemen, let us look at the narrative given in the affidavit, and
see whether there is any thing improbable in it. Lord Cochrane states,
that he had gone out on the morning of the 21st, with his uncle, not to
go into the city, but to go to a man of the name of King, who was
engaged in making for him a lamp, for which he was about to obtain a
patent; is that true, or is it false? It is true, according to all the
evidence in the cause; there is no doubt that Lord Cochrane did set out
with Mr. Cochrane Johnstone, for the purpose of going towards the city.
Did he go into the city? No one witness has shewn that he did. On the
contrary, I think it may be taken as admitted, that he never was in the
city on that day. Here then this part of the affidavit is most
unquestionably confirmed. He states, that having proceeded to the house
of this man, who was assisting him in preparing this lamp, he received a
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