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fence. It is necessary to do this, not for my address to the Jury only, but that, when I do address them, I may present to them properly the Prisoner's case, which depends much upon the arrangement of the evidence.I feel myself in no condition to do this, either in a manner respectful to the Court, or for the safety of the Prisoner. I do not wish to propose any particular time, but merely to leave it to the indulgence and justice of the Court, perfectly sure that, when I leave it there, I leave it in a safe place.

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Lord Chief Justice Eyre. I feel the weight of your observations; of the difficulty under which you labour, in an extraordinary case, which can hardly be judged of by the common rules on which we proceed in cases of this nature: the Court are of à disposition to give you all the indulgence they possibly can, because there is a vast mass of evidence; the case arises out of the evidence, and it is fit the case should be thoroughly canvassed.At the same time, it is certainly notorious that the great bulk of that evidence has been in print a great while, and I cannot believe that it has not been very well considered as far as it has been in print,I am sure that mušť be understood.

Now I will tell you very fairly, if the question was only the personal accommodation of yourself and Mr. Gibbs, at the expense of the personal convenience of myself, my Lord, and my brothers, I am quite sure we should have no difficulty in the sacrifice of our personal convenience but there is

a great deal more in the case, we have a Jury who have been thrown into the most arduous service that ever I saw a Jury engaged in; they have borne it in a manner that does them infinite honour, and I have no doubt but, that, as far as it is necessary they should continue in the situation they are in, they will bear it cheerfully.-I have seen such a specimen of their behaviour, that I cannot entertain a doubt of that; but that we could give you an absolute suspension of the business in the situation that we are in, upon the terms of keeping the Jury in the situation in which they must be kept, is a thing that it is perfectly impossible for us to think of. Now this occurs to me, my brothers will consider of it ;I merely throw it out for their consideration.-You are men of honour, you will tell us whether you really do mean to call witnesses, or to take the case upon the ground upon which it is already made: if you mean to call witnesses, you may call them tomorrow; you may go on with the case as far as it will be necessary for you to go on, to fill up all the time that ought to be filled up, leaving only a part of Sunday, the common interval of rest, without our keeping the Jury in a situation to do nothing.If you do not mean to call witnesses, but mean to leave the case with the observations which arise upon the evidence that is before the Court, we will go as far as we can; but if witnesses are to be called, and you desire not to address the Jury immediately, you must immediately begin to examine your witnesses, as

soon as they have closed on the part of the Crown ; and fill up the time that will intervene between that time and the time when you will be ready to go on with your address to the Jury. In that way I think we shall put the Jury under no unnecessary hardships, because, whether they hear the witnesses before or after the speech, is a matter of no importance to them.

Mr. Erskine. I should be afraid to take upon myself the experiment of trying a cause, particularly of this magnitude, in a manner totally different from any that has ever occurred in the annals of this country. I should be afraid to begin an experiment of that sort, more especially when Counsel in a capital case; because evidence comes with infinitely more weight (by which I mean the proper weight evidence ought to have), from the bearing of it upon the case when it is first stated by the Counsel, who is to support his cause by it; much of the effect of evidence is lost, and much of it distorted by the cross-examination of Counsel, until the true bearing of it has been explained.-I do not propose what can be properly termed a suspension of the trial, or which can throw any sort of inconvenience upon the Jury, which would, I am sure, give me as much pain as any body in the world; but your Lordships will recollect that the Attorney General in opening his case (I am sure I think as highly as is possible of his ability, and of the manner in which he performed his duty), but he found it necessary to spend.

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nine hours in the opening of his case, the Prisoner most unquestionably may expect an equal time, if it were necessary, for his Counsel to take the same course in opening his; and if I were thrown upon it in the present moment, not having a sufficient recollection of the great points of the evidence, if I were put upon speaking to the Jury, at this moment, I must take that course of reading at great length, great numbers of papers;-whereas, if I had the opportunity of a few hours more, which is the nature of my application, merely to arrange my papers, and to select such as, in the judgment of my learned friend and myself, we shall think sufficient for our defence, it would save time.

Lord Chief Justice Eyre. I dread the explanation of a few hours. Mr. Attorney General, what further evidence have you to produce?

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1 Mr. Attorney General. I think my evidence will not take up more than forty minutes.

Mr. Erskine. I do not know whether your Lordships mean to sit on Sunday?

Lord Chief Justice Eyre. I shall sit late on Satur day night; I say nothing of Sunday.

Mr. Erskine. I am literally at this moment, and have been all day yesterday and to-day, so extremely unwell, that I do not think if I were called upon to speak for any length of time, I could possibly support it.

Lord Chief Justice Eyre. I can easily think that to be the case, and it is a circumstance I am ex

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tremely sorry for; on the other hand, I cannot ha zard the situation of the Jury.

Mr. Erskine. I should be sorry to put the Jury to any inconvenience.-I do not shrink from the business; I am extremely willing to endure any thing, but I assure your Lordship that my health is extremely suffering by it.

Lord Chief Justice Eyre. What is it you ask for? Mr. Erskine. As I stated before, the Attorney General found it necessary to consume nine hours: -I shall not consume half that time,-I think at least I shall not consume half that time, if I have an opportunity of doing that which I humbly request of the Court, that is, of arranging the materials in such a manner, that I should be able to make only those observations which occur to me to be the fittest to be made, as Counsel for the Prisoner.

Lord Chief Justice Eyre. We have offered you an expedient: neither of you say to us whether you can accept it.

Mr. Gibbs. With respect to that expedient, I have no doubt to say that it is utterly impossible for Mr. Erskine and myself, in the situation in which we are, respecting ourselves, respecting the Court, and respecting the Public, and the Jury, it is utterly impos sible for us to think of that, because, if any thing adverse should happen when we have taken such a line, the imputation will lie upon us.

· Lord Chief Justice Eyre. That it may not be in your judgment a desirable thing, is very well; but

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