Lord Ellenborough. Your Lordship must have been misinformed on the subject; any application you wish to address to the Court may be addressed to them by counsel, and perhaps with more convenience to yourself.
Lord Cochrane. I understood there was the case of a conspiracy, in which it had been held that a revision of the case, and a new trial could not be moved for, unless all the defendants appeared in Court.
Lord Ellenborough. That would be the same, whether the application was made by counsel or by yourself.
Lord Cochrane. It is only for the purpose of preventing my counsel from trespassing on the rules of the Court, that I have adopted this mode of proceeding, and I trust—
Lord Ellenborough. I am afraid, my Lord, we cannot hear you, unless all the parties are present in Court. That is the rule of the Court, and we have acted on it so lately as this very morning.
Lord Cochrane. I have to complain, that evidence was not brought forward on the late trial, which was extremely material to shew my innocence. If your Lordships will permit me to read the evidence to which I allude—
Lord Ellenborough. It will answer no beneficial purpose, because we cannot advert to what you are now stating, unless the other parties convicted are now in Court.
Lord Cochrane. If your Lordships will grant me permission to read the statement, you will be better able to judge of the propriety or impropriety of granting my application.
Mr. Justice Dampier. By the rules of the Court it cannot be; your Lordship has been informed of the practice of the Court, and from that practice, the Court has no power to depart.