ff the trial;
a day was mentioned to the Court, and the counsel on both sides, stated
their wish that it should come on; no impediment therefore existed in
the way of the defence.

MR. SERJEANT PELL.

I appear, my Lords, on behalf of the three last defendants, Holloway,
Sandom, and Lyte, men in a very different situation from the noble, but
unfortunate person who first addressed your Lordships, upon the present
painful occasion. The office I had to perform for these three defendants
appeared to me on the trial to be a very difficult one; because with
regard to them there was a direct confession, that they were in part
guilty of that which was imputed to them. Holloway and Sandom,
voluntarily confessed themselves guilty of all that part of the
transaction, which related to the Northfleet affair.

_Mr. Justice Le Blanc._ There was a confession by two of them.

_Mr. Serjeant Pell._ But though they were the only persons who made a
direct confession, yet I, upon the trial as counsel for Mr. Sandom, had
no scruple in saying, that Mr. Sandom concurred in the confession which
they had made. In this situation, it not being possible for me to
contend, that those for whom I appeared, were not guilty of that part of
the transaction; the only point which I could enforce at the trial was,
that they were unacquainted with the other part. It is not for me to
contend now (against the verdict of the Jury) that they were not also
guilty of the other part; though, if I might be permitted to state my
own feelings, I cannot but think there was a considerable defect of
proof on that part of the case. The only circumstance that connected the
one transaction with the other, independently of their taking place at
the same period of time--and we must be aware that history furnishes
many examples of conspiracies, having the same object, formed at the
same time, yet totally unconnected with each other--the only link that
connected the first of these transactions with the last, was the letter
of Mr. Cochrane Johnstone, in which he mentions M'Rae as a person, who,
for L.10,000, was willing to explain the whole of the transaction of the
21st February. Unquestionably that letter was no evidence against Mr.
Holloway, Mr. Sandom, and Mr. Lyte. There was but one other circumstance
appearing on the trial that connected them together; it was, that the
chaise which took Mr. De Berenger, went to the same place where the
chaise went which carried the thr