FREE BOOKS

Author's List




PREV.   NEXT  
|<   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   382   383   384   385   386   387   388   389   390   391  
392   393   394   395   396   397   398   399   400   401   402   403   404   405   406   407   408   409   410   411   412   413   414   415   416   >>   >|  
than they otherwise would have paid? _Mr. Serjeant Best._ That would have answered my objection, and that is the way in which it should have been stated; because then your Lordships would see, you were raising the arm of criminal justice to protect those who were the objects of its protection. _Lord Ellenborough._ Your argument goes upon this supposition, that the description of persons to be affected by a criminal act, may lessen its criminality, which it does not. _Mr. Serjeant Best._ But I submit to your Lordship, there must be something to be gained on the part of the actors, moving them to injure those who are capable of being injured by the act which is done. No such thing is stated upon any part of the indictment. A conspiracy may be complete without any act, but there must be an intention. I say, the intention here, is too generally stated; strike out all but the words, "conspired to raise the price of the public funds," and I ask your Lordships whether it would be possible to pronounce any judgment upon it. _Mr. Justice Dampier._ How could the object have been stated with more particularity, with reference to a future event, than that it was to raise the price of the public funds? _Mr. Serjeant Best._ I do not state it to be necessary that any damage should actually follow, but damage must be meditated by the conspirators, either a damage which aims at the public at large, or at some individual. It could not have been stated, nor is it stated, that any damage was aimed at the public at large; was any meditated against a part of the public? they must be individuals. _Mr. Justice Dampier._ All the public could not be named; and individuals could not be named, because of the impossibility of knowing the individuals. _Mr. Serjeant Best._ I submit to your Lordship there could be no difficulty in that. If the indictment had been preferred before the 21st February, your Lordship's observation would be unanswerable; but after that period, the prosecutors could have no difficulty in obtaining the names of individual purchasers from the books of the Stock Exchange. _Mr. Justice Dampier._ The crime was complete before the 21st of February. _Mr. Justice Le Blanc._ If the conspiracy was, by false rumours to raise the price of the public funds on a certain day, with a view to oblige persons who should purchase into the funds on that day to pay an increased price, the crime would be complete if the funds
PREV.   NEXT  
|<   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   382   383   384   385   386   387   388   389   390   391  
392   393   394   395   396   397   398   399   400   401   402   403   404   405   406   407   408   409   410   411   412   413   414   415   416   >>   >|  



Top keywords:

public

 

stated

 

damage

 
Serjeant
 

Justice

 

individuals

 

Dampier

 

Lordship

 

complete

 
February

submit

 
intention
 
individual
 

meditated

 
conspiracy
 

indictment

 

difficulty

 

Lordships

 
criminal
 
persons

conspirators

 
rumours
 

purchase

 

increased

 
future
 

follow

 

oblige

 
purchasers
 

preferred

 

obtaining


prosecutors

 

unanswerable

 

observation

 

reference

 

period

 

Exchange

 

knowing

 

impossibility

 

argument

 

Ellenborough


supposition

 

description

 
criminality
 

affected

 

lessen

 

protection

 

objects

 
objection
 

answered

 

justice