witnesses are perjuring
themselves, but that they had not sufficient means of knowledge upon the
subject; and that you are called upon to convict this gentleman of a
base and infamous crime, from which, except from the evidence of Le
Marchant, he was to derive no benefit unless the L.400 was a _bonus_,
and that upon the evidence of witnesses, who, however respectable, had
very little means of observation; for it was not day light hardly even
when they left Dartford; and the morning we hear was a foggy morning,
and therefore, except Shilling's evidence, we have not evidence that
this is the man in _day light_; we have no evidence of any persons who
saw him in daylight, and identify him as being the person who came from
Dover to London; Shilling's evidence I admit, is, as to his seeing him
in day light, and his evidence is extremely strong undoubtedly.

Gentlemen, I am quite aware, though I have not practised a great deal in
criminal courts, that the evidence of an _alibi_, as we call it, that is
evidence to prove that the person was not upon the spot, is always
evidence of a very suspicious nature; it is always to be watched
therefore; but I am sure that I shall have his lordship's sanction for
this; that if the witnesses to be called have all the means of knowledge
upon the subject, if the generality of them have no interest at all in
the matter of discussion, and if they prove the _alibi_ satisfactorily,
there is no evidence more complete than that of _alibi_, and that
_alibi_ will produce advantage in favour of the person who sets it up,
according to the nature of that case which is made against him; and if
it be merely circumstantial evidence, although that is in some cases
much stronger than positive testimony, yet if the evidence against that
person is chiefly mere evidence of identity of person, I say that the
proof of the _alibi_ will receive stronger confirmation, if those
witnesses who undertake to identify have not had sufficient means of
knowledge upon the subject.

Hear then, Gentlemen, how I shall prove this case. This person, by the
consent of his bail, Mr. Tahourdin, as I have told you, was continually
soliciting for the situation he was desirous of obtaining, for the
purpose of going out to America under Sir Alexander Cochrane; he was
therefore continually violating the rules; and in order to do that with
safety, he used to go down a passage and take water, instead of crossing
Westminster Bridge; becau