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History of England, from the Accession of James the Second, the — Volume 4 by Baron Thomas Babington Macaulay Macaulay
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any who were of counsel for the King in cases of this nature to
aggravate the crime of the prisoners, or to put false colours on
the evidence."10 Holt's conduct was faultless. Pollexfen, an
older man than Holt or Somers, retained a little,--and a little
was too much,--of the tone of that bad school in which he had
been bred. But, though he once or twice forgot the austere
decorum of his place, he cannot be accused of any violation of
substantial justice. The prisoners themselves seem to have been
surprised by the fairness and gentleness with which they were
treated. "I would not mislead the jury, I'll assure you," said
Holt to Preston, "nor do Your Lordship any manner of injury in
the world." "No, my Lord;" said Preston; "I see it well enough
that Your Lordship would not." "Whatever my fate may be," said
Ashton, "I cannot but own that I have had a fair trial for my
life."

The culprits gained nothing by the moderation of the Solicitor
General or by the impartiality of the Court; for the evidence was
irresistible. The meaning of the papers seized by Billop was so
plain that the dullest juryman could not misunderstand it. Of
those papers part was fully proved to be in Preston's
handwriting. Part was in Ashton's handwriting but this the
counsel for the prosecution had not the means of proving. They
therefore rested the case against Ashton on the indisputable
facts that the treasonable packet had been found in his bosom,
and that he had used language which was quite unintelligible
except on the supposition that he had a guilty knowledge of the
contents.11

Both Preston and Ashton were convicted and sentenced to death.
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