As for George Smith, he is a stranger in this country, of whom we know
nothing more than what he has been pleased to inform us in his different
declarations, of which a part has not been read for the reasons you
heard mentioned; but from thence you will be led to conjecture that the
parts which were not read contained very little to his advantage. This
man, gentlemen, had the appearance of following a lawful employment and
carrying on trade in a shop in this city; but I am afraid there is too
good reason to conclude that the character of a grocer, which he
assumed, was only meant as a cover to him that he might escape the
observation of the public while he was pursuing objects of a very
different nature. His counsel have attempted no defence, such as the
_alibi_ endeavoured to be proved by the other prisoner; no witnesses
have been examined in his exculpation; and his different declarations,
which though not legal evidence by themselves, yet when corroborated by
the great variety of other evidence led this day, are so full and
complete proofs of his guilt that I do not consider it necessary to add
one word more as to him.
The other prisoner, Mr. Brodie, is in a different situation. He is known
to us all; educated as a gentleman; bred to a respectable business; and
removed from suspicion, as well from his supposed circumstances as from
the rank he held amongst his fellow-citizens. He was far above the reach
of want, and, consequently, of temptation; he had a lawful employment,
which might have enabled him to hold his station in society with
respectability and credit; he has been more than once officially at the
head of his profession, and was a member of the City Council. If,
therefore, he, too, is guilty, his situation, in place of alleviating
his guilt, is a high aggravation of it. If he indeed prevailed upon
himself to descend to the commission of the most detestable crimes, what
excuse can be made for him? That he frequented bad company; that he had
abandoned himself to gambling, and every species of dissipation; that he
has by these means run himself into difficulties, is surely no apology
for him.
But, gentlemen, I am not entitled to proceed without substantiating the
crime libelled against him. I will go on to state the evidence; and if
after a cool and dispassionate consideration, which you are bound to
give, and which from the very great attention you have already bestowed,
I can have no doubt you will give it; if you are not most thoroughly
convinced in your minds that the prisoner is guilty, I do not desire
that you should return a verdict against him. I can have no wish that is
contrary to material justice.
It is totally unnecessary to go over the evidence tending to show that
the Excise Office was actually robbed in the manner mentioned in the
indictment, as I suppose that is a fact which will not be disputed, I
will therefore recapitulate the heads of the evidence, so far as it
appears to me to verify the charge.
Public-domain text, read in full here on John Shaqi.
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