a painful imprisonment, ever since the eighth of April last,
by which his means of defence were not only decidedly impeded,
but his strength and health most materially injured; that in
this particular, as also in the mode of seizing his papers and
property, he has suffered considerable hardships, while his
slender pecuniary resources, from the aforesaid causes, and by
the heavy expences of his confinement and trial, are totally
destroyed; and that on these accounts his sufferings have been
greater than those of any of the other defendants. And this
deponent also saith, that any further degradation must ruin
his prospects in life for ever, and bring anguish and despair
upon him, who has already suffered so severely from his
attachment to this country; and he respectfully hopes, that
his severe losses and ruined circumstances, his general
exemplary conduct, his uninterrupted loyalty, and his many
unrequited services, will have due weight with this honourable
Court, in mitigation of punishment; he also relies that
considerations additionally stimulating to forgiveness, will
animate his judges, when it is stated, that deponent to this
moment has received no recompence whatever, for his many
patriotic exertions and ruinous sacrifices; and above all,
that in consequence of his not having succeeded in obtaining a
respite of the judgment for a short time, he has been
prevented from experiencing the benefit of important
affidavits, which he anxiously expected from other persons.

_Charles Random De Berenger._"

_Mr. Topping._ I was of Counsel with Mr. Serjeant Best on the trial; I
am not furnished with any affidavit on the part of Mr. Butt.

_Mr. Butt._ I came into Court, my Lord, expecting the privilege of
asking for a new trial, upon certain facts which I have put down in my
pocket-book.

_Lord Ellenborough._ You are not in time to move for a new trial.

_Mr. Butt._ I know I am not, my Lord; I was merely going to explain----

_Mr. Justice Le Blanc._ If you appear by Counsel, your Counsel had
better state what you have to suggest.

_Mr. Topping._ I have no instructions on the subject.

_Mr. Butt._ I hope you will forgive my importunity in begging for a few
moments to address you, having never been before in a court of justice,
either as plaintiff or defendant; that I trust will plead my apology