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WILLIAM WEMMS AND SEVEN OTHERS. 493

has tended more to the advantage or disadvantage of the priz-
oners. For it is notorious, that by means of it, they have
learnt the strength of the evidence against them, and had
time to prepare to encounter it; which it is manifest by the
points taken in their defense, they have endeavored to do;
while the counsel for the crown, with all their supposed as-
sistance, having neither heard nor seen the evidence to be
produced for the prisoners, were surprised at a great part of
it, and had not the same opportunity to prepare evidence to
oppose it, which, perhaps, they might have found. But to
what purpose is it to exclaim against the hard fate of the
prisoners on account of that publication, or any supposed
rancour against them, when you, gentlemen, know that you
are not prejudiced in the cause, nor have formed any judg-
ment respecting it, aa you have solemnly declared om your
oaths: And when nothing has been, or can be objected to the
credibility of the witnesses for the crown, and when nothing
appears of partiality in the manner or matter of their testi-
Tony; but even many things are testified by them, of which
the counsel for the prisoners avail themselves in the defense,
and which never could have escaped any person, whose mind
‘was so unduly agitated with passion as has heen complained
of and pretended.

Relying upon it, therefore, gentlemen, that, as on the one
hand, you have entertained none of these prejudices against
the prisoners complained of, so on the other hand, you will
not suffer yourselves to be amused with a supposition of facts,
which do not exist, nor with representations and arguments
which have no foundation—I shall endeavor to address my-
self to your coo] and candid reason; and, in the briefest man-
ner J am able, consider the evidence that has been offered in
their defense, the arguments and law, which have been ap-
plied to it; and then, observing on the evidence sgainst the
priconers and the law operating thereon, I shall rest the mat-
ter with you, for a solemn and final decision.

In the first place, gentlemen, you perceive that a very con-
siderable part of the evidence produced by the prisoners, is

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