My Lord, as the contracting this debt between Plunket and myself was of a private nature, so was the payment of it; and therefore, it is impossible for me to have the testimony of any one single witness to these facts, which (as it is an unavoidable misfortune) I hope, anddoubt not, my Lord, that your Lordship and the gentlemen of the Jury will duly weigh.

My Lord, I cannot avoid observing to your Lordship, is it probable, nay, is it possible, that, if I had come by those cloaths by dishonest means, I should be so imprudent as to bring a man to my lodgings at noon-day to buy them, and give him my name and place of residence, and even write that name and residence myself in the saleman's book? It seems to me, and I think must to every man, a madness, that no one, with the least share of sense, could be capable of.

My Lord, I have observed in the course of Mr. Higden's evidence, he hath declared, he could not be positive either to my face or person; the defect of which, I humbly presume, leaves a doubt of the certainty of my being one of the two persons.

My Lord, it is very true, when I was first apprehended, the surprize confounded me, and gave me the most extraordinary shock; it caused a delirium and confusion in my brain, which rendered me incapable of being myself, or knowing what I said or did; I talked of robberies, as another man would do in talking of stories; but, my Lord, after my friends had visited me in the Gatehouse, and had given me some new spirits; and, when I came to be reexamined before justice Lediard, and then asked, if I could make any discovery of the robbery, I then alledged that I had recovered my surprize, that what I had talked of before concerning robberies was false and wrong, and intirely owing to a confused head and brain.

This, my Lord, being my unhappy fate; but, unhappy as it is, as your Lordship is my judge and presumptive council, I submit it, whether there is any other evidence against me than circumstantial.

First, the selling of the lace and cloaths, which I agree I did; for which I account.

Second, the verbal confession of a confused brain; for which I account.

All this evidence I humbly apprehend is but circumstantial evidence.

It might be said, my Lord, that I ought to shew where I was at this Time.

To which, my Lord, I answer, that I never heard the time, nor the day of the month, that Mr. Higden was robbed; and, my Lord, it is impossible for me, at this juncture, to recollect where I was, and much less to bring any testimony of it.

My Lord, in cases where a prisoner lies under these impossibilities of proof, it is hard, nay, it is very hard, if presumption and intendment may not have some weight on the side of the prisoner. I humbly hope, and doubt not, but that doctrine will not escape your Lordship's memory to the jury.

My Lord, I have lived in credit, and have had dealings with mankind, and therefore humbly beg leave, my Lord, to call about a score to my character, or more, if your Lordship pleases; and then, my Lord, if in your Lordship's opinion, the evidence against me should be by law only circumstantial, and the character given of me by my witnesses should be so far satisfactory, as to have equal weight, I shall most readily and willingly submit to the jury's verdict.

The Evidence being plain, the jury brought him in Guilty without going out of court; at the time of receiving sentence he attempted to read a paper, but was so much disordered by grief, dread, or guilt, that he could not proceed; the paper is as follows.

My Lord, I shall not presume to trouble your lordship with many professions of sorrow and penitence; such from men in my unhappy condition, are too often considered to proceed more from fear and shame, than a heart justly touched with a deep sense and abhorrence of my past inexcusable conduct. - Were the sentiments of my soul this moment disclosed to the world in their true light, I should have no occasion to use any expressions to move compassion. - For the best of men are the readiest to pity the anguish of their fellow-creatures not hardened in guilt. - I might, perhaps, collect some circumstances to mitigate the execution of a sentence I am now going to receive, - but, as I am sensible that nothing of that sort on my trial escaped the penetration of the court. So I am equally assured, that if there is room for mercy, it will be recommended.