Sir Bartholomew Shower said he would submit it to the consideration of the house, whether it was just that the evidence against one person should conclude against another standing at a different bar, in defence of his life?
The parties were again ordered to withdraw; and from this point arose a third debate, which ended as the two former to the disadvantage of the prisoner.

The jury being examined, Mr.Sergeant Gould moved, that Mr.Vernon might be desired to produce the intercepted letter from sir John Fenwick to his lady.

The prisoner's counsel warmly opposed this motion, insisting upon their proving it to be his hand writing before it could be used against him; and no further stress was laid on this evidence.

When they were called upon to enter on his defence, they pleaded incapacity to deliver matters of such importance after they had been fatigued with twelve hours' attendance.
The house resolved to hear such evidence as the prisoner had to produce that night.

His counsel declared that they had nothing then to produce but the copy of a record; and the second resolution was, that he should be brought up again next day at noon.