stated, what the circumstances of the case alone would convince your
Lordships of without any affidavit, that being a defendant, under so
expensive a prosecution, has occasioned him an enormous expence. That
will be taken into consideration; and it will not be forgotten, although
this gentleman cannot be said to have been imprisoned on this charge, it
being of a nature to admit of bail, yet he has been upwards of two
months in actual custody in the jail of Newgate; that is a circumstance
which does not apply to any other of the defendants, and the Court will
take it also into consideration in passing sentence. I am quite aware he
was taken up under a warrant of the Secretary of State, under the Alien
Act; but his imprisonment had its origin in this charge, and to a
certain degree it has deprived him of those advantages for his defence
which the other defendants have enjoyed; I am not aware that I can
better serve this gentleman, than by drawing your Lordship's attention
to the circumstances which are contained in this affidavit; and I trust
I have not said any thing calculated to increase the severity of his
punishment.

_Lord Ellenborough._ Lord Yarmouth only speaks to the time during which
he had known him to be acting as Adjutant; he states that he had known
him since the year 1811.

_Mr. Park._ I do not know that Lord Yarmouth's statement went beyond
that, I thought he had added something of approbation; but I submit to
your Lordship, it is of itself sufficient proof of his good conduct,
that he was so long continued in the situation.

MR. RICHARDSON.

My Lord; I am also of counsel for this unfortunate foreigner. I have no
observation to make, except merely to call your Lordship's attention to
this;--it is confirmed by Lord Yarmouth, that the defendant was a
voluntary servant to the interests of this country, his services were
therefore praise-worthy, and he appears by his affidavit to have been a
material sufferer by the loyalty of his ancestors. These circumstances,
I hope, will be taken into consideration by the Court. Your lordships
also see, that he was a person in an extremely distressed situation, and
at the time was suffering imprisonment, in consequence of the ruin of
his fortunes, which he has mentioned.

_Lord. Ellenborough._ Is he in custody now under this charge?

_Mr. Park._ He is in custody in Newgate, my Lord, under the Alien Act.

_Lord Ellenborough._ There was no application made to put o