Mr. Justice Dampier. Then the statement relates to a fund, which, by law, can have no existence.
Mr. Park. That may be, my Lord.
Mr. Justice Dampier. If it could by possibility relate to no other fund, the objection might be a good one; but there is a sense in which it does relate to the funds of the United Kingdom, distributively considered.
Lord Ellenborough. It is a description applicable to a new state of society, namely, to the aggregate kingdoms of Great Britain and Ireland; and the funds of the Kingdom are the funds of the United Kingdom.
Mr. Park. I only mention this to draw your Lordship's attention to the statute, in addition to the observations which my learned friend has made. Before I sit down, your Lordship will give me leave to suggest to the Court, upon the motion for a new trial, in addition to what the learned Serjeant threw out, an observation founded upon the Russian cases, where an Order of Council was stated, which your Lordships decided you could not take judicial notice of, that there was no proof of the falsehood of the rumours by which, they say, the price of the funds was to be raised.
Lord Ellenborough. But there was proof of the fabrication of them.
Mr. Serjeant Pell. On the part of Mr. Holloway, Mr. Random, and Mr. Lyte, I am not disposed to trouble your lordships with any observations in arrest of judgment.
Lord Ellenborough. Does Lord Cochrane wish to address any thing to the Court?
Lord Cochrane. My Lord, I am desirous, previously to your passing judgment upon this matter, that I should have an opportunity of explaining those things which I deem essential to be brought under your consideration.
Lord Ellenborough. If you mean to offer any observations in arrest of judgment, this is the proper time; we will afterwards hear, as a distinct thing, whatever may occur to you as fit to be presented to the Court, to induce them to grant a new trial; that is probably your object.