The Project Gutenberg EBook of The Trial of Charles Random de Berenger,
Sir Thomas Cochrane, commonly called Lord Cochrane, the Hon. Andrew Cochrane
Johnstone, Richard Gathorne Butt, Ralph Sandom, Alexander M'Rae, John Peter
Holloway, and Henry Lyte for A Conspiracy, by William Brodie Gurney

This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever.  You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.org


Title: The Trial of Charles Random de Berenger, Sir Thomas Cochrane,
         commonly called Lord Cochrane, the Hon. Andrew Cochrane Johnstone,
         Richard Gathorne Butt, Ralph Sandom, Alexander M'Rae, John Peter Holloway,
         and Henry Lyte for A Conspiracy
       In the Court of King's Bench, Guildhall, on Wednesday the
              8th, and Thursday the 9th of June, 1814

Author: William Brodie Gurney

Release Date: April 10, 2007 [EBook #21027]

Language: English

Character set encoding: ISO-8859-1

*** START OF THIS PROJECT GUTENBERG EBOOK THE TRIAL OF CHARLES RANDOM DE BERENGER ***




Produced by Ted Garvin, Lisa Reigel, and the Online
Distributed Proofreading Team at https://www.pgdp.net

THE

TRIAL

OF

CHARLES RANDOM DE BERENGER,
SIR THOMAS COCHRANE, COMMONLY CALLED
LORD COCHRANE,
THE HON. ANDREW COCHRANE JOHNSTONE,
RICHARD GATHORNE BUTT, RALPH SANDOM,
ALEXANDER M'RAE,
JOHN PETER HOLLOWAY, AND HENRY LYTE;

FOR

A CONSPIRACY,

IN THE

COURT OF KING'S BENCH, GUILDHALL,

ON

Wednesday the 8th, and Thursday the 9th of June, 1814:

WITH THE

SUBSEQUENT PROCEEDINGS IN THE COURT OF KING'S BENCH:

TAKEN IN SHORT HAND BY
WILLIAM BRODIE GURNEY,
Short Hand Writer to both Houses of Parliament.

London:
SOLD BY J. BUTTERWORTH AND SON, FLEET-STREET, AND
GALE, CURTIS AND FENNER, PATERNOSTER ROW.

1814.
[Entered at Stationer's Hall.]

H. TEAPE, PRINTER, TOWER-HILL, LONDON.

[Pg 3]

THE

TRIAL

OF

CHARLES RANDOM DE BERENGER,

AND OTHERS.

On the 20th of April, 1814, the Grand Jury for the City of London, at the Sessions-House, in the Old Bailey, returned a True Bill, which set forth:

[First Count.]—That at the times of committing the several offences in this Indictment mentioned, there was, and for a long time before, to wit, two years and upwards, had been an open and public war between our Lord the King and his Allies, and the then ruler of France, to wit, Napoleon Bonaparte, and the people of France:

And that Charles Random de Berenger, Sir Thomas Cochrane, commonly called Lord Cochrane, Andrew Cochrane Johnstone, Richard Gathorne Butt, Ralph Sandom, Alexander M'Rae, John Peter Holloway, and Henry Lyte, supposing and believing, that false reports and rumours of the death of said Napoleon Bonaparte, and of disasters and losses having recently occurred and happened to the said people of France, would induce the subjects of our said Lord the King to suppose and believe, that a peace between our said Lord the King and his subjects, and the [Pg 4]said people of France would soon be made, and that an increase and rise in the Government Funds and Government Securities of this Kingdom, would be occasioned thereby. And unlawfully, &c. intending to injure and aggrieve the subjects of our said Lord the King, who should make purchases of and in said Funds, &c. on the 19th February, in Fifty-fourth year of the Reign of our said Lord the King, at the parish of St. Bartholomew, by the Exchange, in the Ward of Broad-street, in London aforesaid, unlawfully, &c. did conspire, &c. to make and propagate, and to cause, &c. to be made and propagated, a false report and rumour, that the French had been then lately beaten in battle, and that said Napoleon Bonaparte was killed, and that the Allies of our said Lord the King were in Paris.

And that they, the Defendants, would thereby induce the subjects of our said Lord the King to suppose and believe, that a peace would soon be made between our said Lord the King and the said people of France, and occasion an increase, &c. of the prices of the Government Funds, &c.

And that Defendants, Sir Thomas Cochrane Johnstone, Richard Gathorne Butt, and John Peter Holloway, respectively, should then sell, and cause, &c. to be sold for them, to divers liege subjects, &c. divers large parts, and shares in said Funds, &c. at higher and greater prices than said parts and shares of and in said Funds, &c. would otherwise sell for, with a wicked and fraudulent intention to thereby cheat, &c. the said subjects, &c. of divers large sums of money.

And that afterwards, to wit, on the 21st February, in the year aforesaid, at the parish and ward aforesaid, in London aforesaid, to wit, at Dover, in the county of Kent, the said Charles Random de Berenger, in pursuance, &c. of said conspiracy, did unlawfully, &c. write a certain false and counterfeit letter, containing divers false matters, which said false and counterfeit letter is directed as follows:

[Pg 5]

And did then and there send, and cause and procure to be sent, the said false and counterfeit letter to Thomas Foley, Esquire, at Deal; he, the said Thomas Foley, then being the Commander in Chief of His Majesty's Ships &c. employed on the Downs Station, with intention that the said T. Foley, should, by Telegraph, communicate the false matters in the said false letter, to the Commissioners of our said Lord the King, for executing the office of Lord [Pg 6]High Admiral, &c. and that such false matters should be promulgated &c. to the liege subjects of our said Lord the King.

And that said Charles Random De Berenger, did also then and there unlawfully &c. assert and report to Timothy Wright, and other persons, that he, the said Charles Random De Berenger, had just then landed and arrived from France, and that the French were beaten, and that said Napoleon Bonaparte was killed, and that the Allies of our said Lord the King, were then in Paris; and the said Charles Random De Berenger, on same day &c. did travel from Dover towards London, and did unlawfully &c. falsely assert and report at Dartford in the County of Kent, and at other places on his way between Dover and London, the several false matters and things last mentioned, to divers other of the liege subjects of our said Lord the King with intention that the said last mentioned false matters &c. should be believed to be true, and should be generally reported, &c. by the said liege subjects, &c. to whom he asserted the same to divers other of the liege subjects, &c.

And more especially, with intention that the said false assertions &c. should reach London, to be reported and rumoured and believed there. And that on the said 21st February, at the parish &c. aforesaid, at London aforesaid, to wit, at Dartford aforesaid, the said Ralph Sandom, Alexander M'Rae and Henry Lyte, in pursuance &c. of the aforesaid conspiracy did unlawfully &c. hire and take a post chaise to go from Dartford, and did go from thence, the said Alexander M'Rae and Henry Lyte, then and there having white cockades in certain cocked hats, which they wore; and the horses drawing the said post-chaise then and there being decorated with branches of laurel, to and over London Bridge, and through the City of London, unto and over Blackfriars Bridge, and unto a certain place called the Marsh Gate, in the Parish of St. Mary Lambeth, [Pg 7]in the County of Surry, with intention thereby to induce the liege subjects, &c. whom they should pass, and who should see them in their route and way from Dartford to near the Marsh Gate, to suppose and believe, and to report and rumour to divers other of the liege subjects, that they the said Ralph Sandom, Alexander M'Rae, and Henry Lyte, were the bearers to the Government of this kingdom, of great and important foreign news, highly favorable to the interests of our said Lord the King, and his subjects, and thereby to occasion an increase and rise in the prices of the said public Government Funds, &c. in order and for the purpose that the said Sir Thomas Cochrane, Andrew Cochrane Johnstone, Richard Gathorne Butt, and John Peter Holloway, respectively should then sell and cause and procure to be sold for them respectively to divers subjects, &c. divers large parts and shares of and in the said public Government Funds &c. at higher and greater prices than they would otherwise sell for, with a wicked and fraudulent intention, to thereby cheat and defraud the said last mentioned liege subjects, of divers large sums of money.

And that the said Defendants, in pursuance and further prosecution of said conspiracy, afterwards, to wit, on the said 21st February, did, by means of the premises aforesaid, unlawfully &c. cause and occasion a temporary increase and rise in the prices of said Funds, &c.

And the said Sir Thomas Cochrane, Andrew Cochrane Johnstone, Richard Gathorne Butt and John Peter Holloway, in pursuance and further prosecution of the aforesaid conspiracy, did on the said 21st of February, unlawfully, &c. respectively sell, and cause and procure to be sold for them respectively, unto divers subjects, &c. divers great parts and shares of and in the said public Government Funds and other Government Securities, (that is to say,) the [Pg 8]said

at and for greater and larger prices than such parts and shares of and in the said public and Government Funds, &c. would otherwise have sold for, with a wicked and fraudulent intention, then and there to cheat and defraud the said subjects respectively, of divers large sums of money, of the respective monies of the said last mentioned liege subjects, to the damage of the said last mentioned liege subjects, to the evil example &c. in contempt of our said Lord the King and his Laws, and against the peace of our said Lord the King, his crown and dignity.

[Second Count.]—That the Defendants on the said 19th February, unlawfully &c. to induce the subjects &c. to believe that a peace between our said Lord the King and his Subjects and the people of France, would soon be made, and thereby to occasion an increase and rise in the prices of the public Government Funds, and other Government Securities, and to greatly injure and aggrieve the subjects of our said Lord the King, who should on the 21st February, purchase and buy a part or parts and share or shares of and in the said public Government Funds, &c. on said 19th February, with force and arms, &c. unlawfully &c. did conspire &c. together to make and propagate, and to cause and procure to be made and propagated, a false report and rumour, that the French had then lately been beaten in battle, and that said Napoleon Bonaparte was killed, and that the Allies of our said Lord the King were then in Paris.

[Pg 9]

And that they, the Defendants, would by such last mentioned false report and rumour induce the subjects, &c. to suppose and believe that a peace would soon be made, and occasion an increase and rise in the prices of the public government funds, &c.

And that Sir Thomas Cochrane, Andrew Cochrane Johnstone, Richard Gathorne Butt, and John Peter Holloway, respectively, should then sell and cause, &c. to be sold for them respectively, to divers of the liege subjects of our said Lord the King, divers other large parts and shares of and in the said government funds, &c. at higher and greater prices than said parts and shares would otherwise sell for, with a wicked and fraudulent intention to thereby cheat and defraud the said liege subjects, &c. of divers large sums of money.

And that on the said 21st of February the Defendants, in pursuance of said conspiracy, &c. unlawfully, &c. did cause and procure divers false reports and rumours to be made, spread, and circulated unto and amongst many of the liege subjects, &c. in certain parts of the counties of Kent and Surry, to wit at Dover in the said county of Kent, and in and along and near unto the King's common highway leading from Dover aforesaid to the said City of London, and also in the said City of London and parts adjacent thereto, that the French had then lately been beaten in battle, and that the said Napoleon Bonaparte was killed, and that the Allies of our said Lord the King were then in Paris. And that a peace between our said Lord the King and his subjects, and the said people of France would soon be made, with intention thereby to occasion an increase and rise in the said funds, &c. in order and for the purpose that the said Sir Thomas Cochrane, Andrew Cochrane Johnstone, Richard Gathorne Butt, and John Peter Holloway, respectively, should then sell and cause and procure to be sold for them respectively to divers liege [Pg 10]subjects, &c. divers other large parts and shares of and in the said public government funds, &c. at higher and greater prices than they would otherwise sell for, with a wicked and fraudulent intention to thereby cheat and defraud the said subjects of divers large sum of money, &c.

[Third Count.]—That the Defendants on the said 19th of February unlawfully, &c. by false reports, rumors, arts and contrivances to induce the subjects of our said Lord the King to believe that a peace would soon be made between our said Lord the King and his subjects, and the said people of France, and thereby to occasion without any just or true cause a great increase and rise of the public government funds, &c. and to injure, &c. the subjects of our said Lord the King who should on the said 21st of February purchase and buy any part or parts and share or shares of and in the said public government funds, &c. then and there, to wit, on the said 21st of February, unlawfully, &c. did conspire, &c. to make and propagate, and cause and procure to be made and propagated unto and amongst divers of the liege subjects, &c. in the county of Kent, to wit at Dover, Deal, and Dartford, and other places in that county, and also unto and amongst divers of the liege subjects, &c. at London aforesaid, and places adjacent thereto divers false reports and rumours that the said Napoleon Bonaparte was killed, and that a peace would soon be made between our said Lord the King and his subjects and the people of France.

And that the said Defendants would by such false reports and rumours as far as in them lay, occasion an increase and rise in the prices of the public government funds and other government securities, with a wicked intention to thereby greatly injure and aggrieve all the liege subjects of our said Lord the King who should, on the said 21st of February, purchase or buy any part or parts and share or shares of and in said public government funds, &c. To the great damage of all the last mentioned liege subjects, &c. To the evil example, &c. and against the peace, &c.

[Pg 11]

[Fourth Count.]—That the said Defendants unlawfully contriving, &c. to injure and aggrieve divers of the liege subjects, &c. on the 19th February unlawfully, &c. did conspire, &c. to write and cause to be written a certain other false and counterfeit letter containing therein divers false matters of and concerning the Allies of our said Lord the King, and the said Napoleon Bonaparte and the French people, and to send and cause and procure the said last mentioned letter to be sent to the aforesaid Thomas Foley at Deal, the said Thomas Foley then and there being the Commander in Chief of His Majesty's ships and vessels employed on the Downs' station, with a wicked intention to impose upon and deceive the said Thomas Foley, and to induce and cause the said Thomas Foley to communicate the false matters contained in the said last mentioned false and counterfeit letter to the said Commissioners for executing the office of Lord High Admiral of Great Britain. And also with a wicked intention, that by the means in this Count mentioned the said false matters contained in said last mentioned false and counterfeit letter, should be promulgated and publicly made known to the liege subjects, &c. and thereby to occasion a temporary rise and increase in the prices of the public government funds, &c. and to injure and aggrieve all His Majesty's liege subjects who should contract for, and also, all the subjects, &c. who should purchase any part or parts, share or shares of, and in the said public government funds, &c. during such temporary rise and increase in the prices thereof, to the evil example, &c. in contempt, &c. and against the peace, &c.

[Fifth Count.]—That the Defendants unlawfully contriving, &c. to injure and aggrieve divers of the liege subjects of our said Lord the King, afterwards to wit, on the said 19th February, at the parish and ward aforesaid, &c. unlawfully, &c. did conspire together, to make and propagate, and to cause and procure to be made and propagated unto, and [Pg 12]amongst divers of the liege subjects of our said Lord the King, divers false reports and rumours of and concerning the said Napoleon Bonaparte and the French people, and thereby to occasion a temporary rise and increase in the prices of the public Government Funds, &c. and to injure and aggrieve all his Majesty's liege subjects who should contract for, and also all the liege subjects of our said Lord the King who should purchase any part or parts, share or shares of, and in the said public Government Funds, &c. during such last mentioned temporary rise and increase in the prices thereof, to the evil example, &c. &c.

[Sixth Count.]—That the Defendants, on the said 19th February unlawfully, &c. did conspire, &c. to make and propagate, and cause, and procure to be made and propagated unto and amongst divers subjects, &c. a certain false report and rumour, that a Peace would then be soon made between our said Lord the King, his subjects, and the people of France, and thereby to occasion a temporary rise and increase in the prices of the public Government Funds, &c. and to injure and aggrieve all his Majesty's subjects who should contract for, and also all the liege subjects, &c. who should purchase any part or parts, or share or shares of and in the said public Government Funds, &c. during such last mentioned temporary rise and increase in the prices thereof, to the evil example, &c.

[Seventh Count.]—That the Defendants, unlawfully contriving, &c. for their own lucre and gain, to injure and aggrieve divers of the liege subjects of our said Lord the King, on the said 19th February, unlawfully, &c. did conspire, &c. by divers false and subtle arts, devices, contrivances, representations, reports, and rumours, to occasion without just and true cause, a rise and increase in the prices of the public Government Funds, &c. and thereby to injure and aggrieve all his Majesty's liege subjects who should contract for, and also all his Majesty's liege subjects who should purchase any part [Pg 13]or parts, share or shares of and in the said public Government funds, &c. during such last mentioned rise and increase in the prices thereof, to the evil example, &c.

[Eighth Count.]—That the Defendants unlawfully, &c. contriving to injure and aggrieve divers of the liege subjects of our said Lord the King, on the 19th February unlawfully, &c. did conspire, &c. by divers false and subtle arts, devices, contrivances, representations, reports and rumours, to induce, cause and occasion, divers and very many of the liege subjects of our said Lord the King, to suppose and believe, without true and just cause, that a peace would soon be made between our said Lord the King and his subjects, and the people of France, to the great and manifest injury of divers and very many of the liege subjects of our said Lord the King, to the evil example, &c.

Plea—NOT GUILTY.

The Indictment was removed into the Court of King's Bench, at the instance of the Prosecutors, in Easter Term.

[Pg 14] COURT OF KING'S BENCH, GUILDHALL,

Wednesday, 8th June, 1814.

Before the Right Hon. Lord Ellenborough.

Counsel for the Prosecution.
Mr. Gurney,
Mr. Bolland,
Mr. Adolphus.

Solicitors.
Messrs. Crowder, Lavie, and Garth.

Counsel for C. R. De Berenger.
Mr. Park,
Mr. Richardson.

Solicitor.
Mr. Gabriel Tahourdin.

Counsel for Lord Cochrane, The Hon. A. C. Johnstone, and R. G. Butt.
Mr. Serjeant Best,
Mr. Topping,
Mr. Scarlett,
Mr. Brougham.

Solicitors for Lord Cochrane.
Messrs. Farrer and Atkinson.

Solicitors for the Hon. A. C. Johnstone, and R. G. Butt.
Messrs. Brundrett, Wainwright, and Spinks.

Counsel for R. Sandom, J. P. Holloway, and Henry Lyte.
Mr. Serjeant Pell,
Mr. C. F. Williams,
Mr. Denman.

Solicitor.
Mr. Young.

Counsel for Alexander M'Rae.
Mr. Alley.

Solicitor.
Mr. Twynam.

[Pg 15]THE JURY.

The Indictment was opened by Mr. ADOLPHUS.

Mr. GURNEY.

May it please your Lordship.

Gentlemen of the Jury.

It is my duty, as Counsel for this Prosecution, to state to you the facts which I shall have to lay before you, and to apply those facts to the several Defendants, and to the Charges contained in the Indictment, which has been opened by my learned Friend; and, Gentlemen, I am sure that it is unnecessary for me to request that you will dismiss from your minds every thing that you may have heard upon this subject before you entered that Box. It is one of the circumstances which necessarily attends a free press, that many cases which come under the consideration of a Court of Justice, shall previously have undergone some public discussion; without blame to any one, that will sometimes occur from the nature and publicity of the case itself. It [Pg 16]does also sometimes occur, that they who are accused, industriously circulate matters which they consider as useful to their defence; and even on the very eve of trial, force them into public notice. If any thing has fallen under your observation, either on the one side or the other, I intreat you to lay it totally aside; to come to the consideration of this subject with cool, dispassionate, unprejudiced, unprepossessed minds, to attend to the evidence that will be laid before you, and to that evidence alone—by that evidence let the Defendants stand or fall.

Gentlemen, it would be very extraordinary indeed, if it could ever have been supposed by any person, even the most ignorant, that this was not a crime. It would be a disgrace to any civilized country, if its laws were so defective. If that which has been done by these Defendants in conspiracy, had been done by any one of them singly, it would have been unquestionably a crime; but when done by conspiracy, it is a crime of a more aggravated nature—To circulate false news, much more to conspire to circulate false news with intent to raise the price of any commodity whatever, is, by the Law of England, a crime, and its direct and immediate tendency is to the injury of the public. If it be with intent to raise the price of the public funds of the country, considering the immense magnitude of those funds, and, consequently, the vast extent of the injury which may be produced, the offence is of a higher description. The persons who must be necessarily injured in a case of that kind, are various; the common bona fide purchaser who invests his money—the public, through the commissioners for the redemption of the national debt—the persons whose affairs are under the care of the Court of Chancery, and whose money is laid out by the Accountant General, all these may be injured by a temporary rise of the public funds, growing out of a conspiracy of this kind; and, Gentlemen, this is no imaginary statement of mine, for it will appear to you to-day, that [Pg 17]all these persons were in fact injured by the temporary rise produced by this conspiracy. Undoubtedly the public funds will be affected by rumours, which may be considered as accidental; in proportion as they are liable to that, it becomes more important to protect them against fraud.

If this had been a conspiracy to circulate false rumours, merely to abuse public credulity, it would not have been a trivial offence; but if the object of the conspiracy be not merely to abuse public credulity, but to raise the funds, in order that the conspirators may sell out of those funds for their own advantage, and, consequently, to the injury of others, in that case the offence assumes its most malignant character—it is cold blooded fraud, and nothing else. It is then susceptible of but one possible aggravation, and that is, if the conspirators shall have endeavoured to poison the sources of official intelligence, and to have made the officers of government the tools and instruments of effectuating their fraud—Gentlemen, this offence, thus aggravated, I charge upon the several Defendants upon this Record, and I undertake to prove every one of them to be guilty.

Gentlemen, when I undertake to prove them to be guilty, you will not expect that I shall give you proof by direct evidence, because, in the nature of things, direct evidence is absolutely impossible—they who conspire do not admit into the chamber in which they form their plan, any persons but those who participate in it; and, therefore, except where they are betrayed by accomplices, in no such case can positive and direct evidence be given. If there are any who imagine, that positive and direct evidence is absolutely necessary to conviction, they are much mistaken; it is a mistake, I believe, very common with those who commit offences: they fancy that they are secure because they are not seen at the moment; but you may prove their guilt as conclusively, perhaps even more satisfactorily, by [Pg 18]circumstantial evidence, as by any direct evidence that can possibly be given.

If direct and positive evidence were requisite to convict persons of crimes, what security should we have for our lives against the murderer by poison?—no man sees him mix the deadly draught, avowing his purpose. No, he mixes it in secret, and administers it to his unconscious victim as the draught of health; but yet he may be reached by circumstances—he may be proved to have bought, or to have made the poison; to have rinsed the bottle at a suspicious moment; to have given false and contradictory accounts; and to have a deep interest in the attainment of the object. What security should we have for our habitations against the midnight burglar, who breaks into your house and steals your property, without disturbing your rest or that of your family, but whom you reach by proving him, shortly afterwards, in the possession of your plate? What security should we have against the incendiary, who is never seen in the act by any human eye, but whose guilt, by a combination of circumstances over which he may have had no controul, or part of which he may have contrived for his own security, is as clearly established as if deposed to by the testimony of eye-witnesses.

Gentlemen, by the same sort of evidence by which in these, and various other cases, the lives of individuals are affected, I undertake to bring home this case to the Defendants upon this Record. I undertake to shew, that such a conspiracy did exist as this Indictment charges; and I undertake to prove every one of these Defendants acting in furtherance and execution of the conspiracy, so as to leave no more doubt upon your minds, when you have heard the evidence, that they were all parties to this conspiracy, than if you had witnesses before you who were present with them in consultation, and heard them assign to each man the part which he was to act.

[Pg 19]

Gentlemen, in the security in which we now repose, in the triumph in which we are now indulging, it is difficult to carry back our minds to the state of agonizing suspense in which we were at the critical time at which this conspiracy took place. At that time the empire of him for whom Europe itself appeared too small, was not confined within the narrow limits of the Isle of Elba; he had been driven back, it is true, from the extremity of Europe into France.—France itself was invaded, and our illustrious Allies had made considerable progress towards Paris, but they had been more than once repulsed, and one army had, by almost super-human efforts, preserved itself from destruction; but the fortune of war was uncertain; in this age of miracles, no man could tell what would be the final event; and every one was waiting in breathless expectation for the destruction of him (or at least of his power) who had been so long the destroyer of his species. Gentlemen, at that most critical moment, when the funds were so liable to be affected by every event of the war, when they were liable to be affected still more by the Negotiations at Chatillon, which were then pending—at that moment this conspiracy with respect to the Funds took place; and you will bear this in mind, Gentlemen, that if the false news were believed but for a single hour, the mischief to the public would be done—the object of the conspirators would be accomplished.

Gentlemen, the first person whom I shall have to present to you, as bearing a principal part in this conspiracy; the main agent in its execution, will be proved to be the Defendant, Charles Random de Berenger;—he was a fit person to be selected for the purpose;—he was a foreigner by birth; he had resided long in this country; he would pass very well for an officer; he had been for fourteen or fifteen months a prisoner for debt in the King's Bench, or rather within the Rules of the King's Bench; he would be a convenient man afterwards to convey away; as [Pg 20]he would prefer a residence in any other country, because his creditors resided in this.

You will find that he made his appearance a little after midnight of Sunday, the 20th of February—the morning of Monday, the 21st of February; at Dover; he was first seen in the street, enquiring for the Ship Hotel; he was shewn to it, he knocked loudly at the door, and obtained admittance; he was dressed in a grey military great coat, a scarlet uniform, richly embroidered with gold lace, (the uniform of a Staff Officer) a star on his breast, a silver medal suspended from his neck, a dark fur cap with a broad gold lace, and he had a small portmanteau; he announced himself as an Aid de Camp to Lord Cathcart, just arrived from Paris; that he was the bearer of glorious news, that a decisive battle had taken place, that Bonaparte was pursued and killed by the Cossacks, that the Allied Sovereigns were actually in Paris, and that now (that most welcome news to the Inhabitants of Dover) an immediate Peace was certain. He desired to have a sheet of paper, that he might write a letter to the Port-Admiral at Deal, Admiral Foley; paper was furnished, and he sat down to write, and soon afterwards the letter was dispatched to the Port-Admiral at Deal. Upon persons coming round him and importuning him with questions, he pretended to be extremely fatigued. He said he had travelled two or three nights. "Do not pester me with questions, you will know it to-morrow from the Port-Admiral." He ordered a post-chaise and four for London, and he offered to pay with some gold Napoleons; the landlord of the inn did not know exactly the value of a Napoleon, and scrupled to take them, upon which this gentleman, rather inconsiderately, produced from his pocket some one pound Bank of England notes, with those notes he paid for his chaise, and he set off for London in the post-chaise and four. When he arrived at Canterbury he rewarded his post-boys very liberally; he gave each of them [Pg 21]a Napoleon. A Napoleon, I dare say you know, is worth eighteen or twenty shillings; he ordered horses on to Sittingbourn; the same chaise brought him from Canterbury to London, and he gave Napoleons to all his post-boys. It was difficult to say which was first upon the road, this Colonel Du Bourg or other expresses which had been sent off from Dover with this happy news, for as soon as this news was announced all Dover was in agitation. Post-horses were ordered out, and I believe some of the expresses reached London half an hour before this person himself.

Gentlemen, it will be necessary that I should read to you the letter to Admiral Foley, it is dated Dover, one o'clock A. M. February 21, 1814, addressed to the Honorable J. Foley, Port-Admiral, Deal, &c. &c. &c. signed R. Du Bourg, Lieutenant-Colonel and Aid de Camp to Lord Cathcart. "Sir, I have the honor to acquaint you, that the L'Aigle from Calais, Pierre Duquin, Master, has this moment landed me near Dover, to proceed to the Capital with dispatches of the happiest nature. I have pledged my honor that no harm shall come to the crew of L'Aigle; even with a flag of truce they immediately stood for sea: should they be taken, I have to intreat you immediately to liberate them, my anxiety will not allow me to say more for your gratification, than that the Allies obtained a final victory, that Bonaparte was overtaken by a party of Sachen's Cossacks, who immediately slaid him, and divided his body between them. General Platoff saved Paris from being reduced to ashes, the Allied Sovereigns are there, and the white cockade is universal, an immediate peace is certain; in the utmost haste, I entreat your consideration, and have the honor to be, Sir, your most obedient humble Servant, R. Du Bourg."

A post boy was sent over with this letter to Admiral Foley; [Pg 22]he delivered it to the Admiral between three and four o'clock, I think, and nothing but the haziness of the morning which obstructed the working of the telegraph, prevented the news reaching the Admiralty, in which case the conspiracy in question, which was effectual to a great degree, would have been complete, and all the expectations of the conspirators fully realized.

Gentlemen, when Colonel Du Bourg, alias Mr. De Berenger, arrived at Rochester, he saw the landlord Mr. Wright, he conversed with him a considerable time, and to him he repeated this news. He ordered horses on for Dartford, and gave Napoleons to the post boys, and when he arrived at Dartford, he there repeated his news to the landlord and the waiter, partly in the hearing of the post boys. When he set off from Dartford he desired the post boys to drive as fast as possible; they did so for the first three miles; when they arrived at Bexley Heath, the road being within sight of the telegraph, he spoke to the post boys, and told them they need not drive so fast, that his business was not so pressing, as the telegraphs could not work; they told him they were sure they could not work, that they knew the telegraphs all along the road. In coming up Shooter's Hill, the post boys alighted from their horses and walked by the side of the chaise. They were naturally very desirous to know distinctly what the news was, and one of them said, "Pray Sir, what is the news?—Oh it is all over—Bonaparte is killed—the Cossacks fought for a share of his body; he was literally torn to pieces by the Cossacks,"—he said, "I landed last night within two miles of Dover, and the French boat immediately put to sea; I went to the Ship at Dover. I wrote a letter to Admiral Foley, in order that he might forward the news by the telegraph; I was obliged to do that—it was my duty;" and then still more to put them in good humour, [Pg 23]he handed out to them some wine, which he had brought from Dover.—He said to them, do not talk of this news as you go along—as soon as you have parted with me you may tell who you please; by and by he said, Pray where can I get a hackney coach? the first stand, the boy told him, was at the Bricklayer's Arms—"No, I will not take one there;" then the Marsh Gate—"Very well, I will get one there". When they crossed Saint George's Fields, the post boy, who every now and then turned round for the gratification of looking at this generous bearer of good news, observed that he pulled up the blind, and seemed to avoid observation. He did not know what his reason might be for that, and it did not strike him till afterwards. They tried to get a hackney coach at the Three Stags, they could not, and they went on to the Marsh Gate, there they found one coach, and one coach only; Colonel Du Bourg stepped out of the post chaise into the hackney coach. He gave each of the boys a gold Napoleon; he drove off, and away they went, as happy as they could be, to spread every where this very glorious news. This you will find to have been at about nine o'clock in the morning.

Gentlemen, you may very readily suppose that very soon after ten o'clock, this news reached the Stock Exchange; whether through the post boys or by the expresses sent up from Dover, it did reach the Stock Exchange at a little after ten o'clock. Probably you know that business commences at ten. At ten business commenced as it had left off on Saturday; the price of Omnium for some time was 27-1/2. It began extremely flat at 27-1/2—it went on 27-1/2—but in about a quarter of an hour, accounts came that an officer from Paris had arrived at Dover, and had come up in a post chaise and four to Government with this news, which was recited in detail. The Funds immediately rose to 28—28-1/2—29 and 30, and on it went till about twelve o'clock, when no letter coming from the Secretary of State to the [Pg 24]Lord Mayor, people began to doubt its truth, and from 30 Omnium fell to 29, and was getting down, when between twelve and one o'clock there came the amplest confirmation. This, Gentlemen, you will find to be auxiliary to the main plot, and a very important auxiliary. In itself it would have been absolutely nothing. There drove through the City, a post chaise and four, with three persons in it, two of them dressed like French Officers, in blue great coats, with white linings; they wore white cockades, and their horses were decorated with laurel. As they went along they dispersed little billets announcing this news. After a kind of triumphal progress through the City, they turned to the left at Bridge Street, went over Blackfriars Bridge, quitted the main road for the New Cut, and when they had arrived near the Marsh Gate, within a hundred yards of the spot at which Colonel Du Bourg had alighted, these three gentlemen got out of their chaise, folded up their cocked hats, put on round hats, and walked off.

Gentlemen, this you may suppose, indeed we all know, produced an emotion in the City not to be described. There is nothing so contagious as popular feeling, especially on a subject of great public interest. This stamped certainty upon the news; this reached the Stock Exchange, and the funds, which had begun to droop, revived; Omnium rose to 30, 31, 32 and 32-1/2. Thus it went on for a short time, till persons having been sent to the West End of the Town, and it being found that no Messenger had arrived at the Office of the Secretary of State with this intelligence, it was discovered that this had been a gross and wicked deception; and the Funds returned to very nearly their former level. But there were very large sales made, and of course there were many persons defrauded. The members of the Stock Exchange felt it, and felt it deeply; and they appointed a Committee to investigate this business, and to ascertain who were the parties [Pg 25]to this fraud. That Committee pursued the investigation with great industry, and they discovered that which I shall lay before you in evidence. As the underplot is the shortest, I may as well dispose of that first.—They ascertained that this second post chaise had come from Northfleet, which is, you know, near Gravesend. That Mr. Ralph Sandom, who is a Spirit Merchant, living at Northfleet, but who was at that time also like Mr. De Berenger, a prisoner within the rules of the King's Bench, and who kept within the rules just as faithfully as Mr. De Berenger did, had sent, early in the morning, to Dartford, for a post chaise and four, to be sent to him at Northfleet, and for four horses to be ready to take him on to town; and that Mr. Sandom; a Mr. Alexander M'Rae, a person in most desperate circumstances; and Mr. Lyte, who is, I believe, a little Navy Agent, and a very poor man, were the persons who had come in this post chaise; and that M'Rae and Lyte were the two persons who were dressed in the uniform of French Officers.

Gentlemen, they ascertained further, that Mr. M'Rae resided at a lodging in Fetter Lane; that on Saturday the 19th of February, he had brought into his lodgings a couple of great coats, blue lined with white, to resemble the coats of French Officers; that he had white cockades made up by his wife in the lodging, and upon enquiry being made by his hostess what all this could mean, said, that it was to take in the flats. He quitted his lodging in the afternoon of Sunday, stating that he was going down to Gravesend by water; and he returned about two on Monday, after having, as I stated, quitted the chaise at the Marsh Gate. The great coat was speedily altered, by the white lining being taken out and another lining put in its place, and the white cockades were burnt: and Mr. M'Rae, who had been in the greatest distress for money, was, in the course of that week, exulting in his success, boasting of the money he had earned by that which he had done; [Pg 26]and on being expostulated with on the impropriety of that mode of getting money, said, "If I had not somebody else would."

Gentlemen, the Committee discovered that Mr. M'Rae was a party to this business at a still earlier period, and that it had been for some time in preparation, that he had on the 14th (the Monday preceding) written a letter to a person of the name of Vinn, appointing a meeting at the Carolina Coffee-House for the next day. On the Tuesday Vinn met him. Mr. Vinn speaks French very well, and Mr. M'Rae explained the business on which he wished to converse with him; the funds were then in a critical situation, it would be a very good thing if he would but personate a French officer, and bring some good news to Town, and that a hundred pounds were at his service. Mr. Vinn felt a little indignant at this proposal being made to him, saying that he hoped what Mr. M'Rae knew of him would have given him a different opinion of him; but Mr. M'Rae would not let Mr. Vinn go without giving him some French phrases, which you will find were the very phrases in these billets thrown out when they passed through the City. It was therefore completely ascertained that M'Rae was not only concerned as an actor in this under plot, carried on by the chaise from Northfleet to London, but that he had so long before as the Tuesday preceding, proposed to Vinn to do that which De Berenger in fact did.

The Committee afterwards ascertained, that the immediate employer of the persons in the Chaise was Mr. Holloway, a wine merchant, another defendant, who independently of his concerns with those persons, chose to have a little dealing in the funds himself, he had a small milkscore of about forty-thousand pounds omnium, which he disposed of on that 21st day of February, at a handsome profit.

[Pg 27]

Gentlemen, you will not fail to observe that this part of the plot could have had no effect but for the foundation laid by the appearance of the pretended officer at Dover and his journey to London; for a post-chaise coming through the City with white cockades and laurel branches would have had no effect except to excite laughter and derision, but for the preparation made by De Berenger in the character of Du Bourg; and when you find for the purpose of producing the same effect, such a coincidence of plan, and such a coincidence of time, the one the basis and the other the superstructure, although I shall not be able to prove all the parties meeting together, conferring together, consulting together, still it will be impossible to doubt that these are two parts of one whole; that this is, in short, not two conspiracies, but one and the same conspiracy.

Gentlemen, the enquiry respecting the chaise from Dover led to much more important results. It was the first business of the Committee to learn to what place this pretended Du Bourg went in the Hackney-coach from the Marsh-gate. They found out the Hackney-coachman, and he informed them that he was directed by Du Bourg to drive, and he did drive straight and direct to No. 13, Green-street, the house of Lord Cochrane, and it is not an immaterial consideration in this matter, a house in which Lord Cochrane had resided but three days, a ready-furnished house which he had taken of Mr. Durand, and a person must have been on intimate terms with Lord Cochrane to know where he resided on Monday, Lord Cochrane having gone into the house only on the Thursday evening preceding.

The Coachman further informed the Committee that when he stopped at this house Du Bourg enquired for some person by the description, as he thought, of Captain or Colonel, and that the answer given by the servant was, that he was gone to breakfast in Cumberland-street.

[Pg 28]

Having proceeded thus far, the next thing for the Committee to discover was whether Lord Cochrane was a person who could have any possible interest in the success of this fraud. They pursued their enquiries upon that subject, and they discovered, to their utter astonishment, that this nobleman—this officer highly distinguished in the navy, then lately appointed to an important command, and one should have supposed his whole soul ingrossed in preparation for the active and important service on which he was going—this Representative in Parliament for the City of Westminster, bound by the most sacred of all duties, not to involve himself in any situation by which his honest judgment could be warped, and his parliamentary conduct influenced—they found Lord Cochrane to have been a deep speculator in omnium; that he had been so for one week only; that on that Monday morning he had a large balance on hand, and that on that Monday morning he had sold out the whole of that balance, and sold it at a profit.

When the Committee had learned thus much, they could not but feel that it was impossible that it could be an accidental coincidence, that this impostor, Du Bourg, should have alighted at the house of a person thus deeply interested in the success of the imposition which he had practised. But their enquiries and discoveries did not end there; they found that Lord Cochrane had not acted alone in these stock proceedings; that he was connected with two other persons, who were still more deep in them, the one his uncle, Mr. Cochrane Johnstone (also a member of parliament), and the other a Mr. Richard Gathorne Butt, formerly a clerk in the Navy Office. They discovered that these persons were engaged together in speculations of a magnitude perfectly astonishing. I have the statement in my hand; but I do not think it requisite, in my address to you, to go through all the particulars. Mr. Cochrane [Pg 29]Johnstone and Mr. Butt, who had commenced their stock speculations on the 8th of February, a week earlier than Lord Cochrane, had dealt much more largely even than he had. Their purchases were the same, their sales the same; they seemed in these stock speculations to have but one soul. If one bought twenty thousand, the other bought twenty thousand; if one bought ninety-five thousand, the other bought ninety-five thousand; you will find the act of one the act of the other; and you will find these three persons, Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, having on the Saturday preceding this Monday, a balance amounting in consols and omnium to very nearly a million—reduced to consols, you will find it amount to sixteen hundred thousand pounds; and on the morning of Monday, on the arrival of this news, they all three sold—they sold all that they had, every shilling of it; and, by a little accident in the hurry of this great business, they sold rather more.

Gentlemen, it was discovered still further, that the principal agent in these purchases and sales, was a Mr. Fearn, a stock broker; that Mr. Butt was the active manager; that the directions for Lord Cochrane's purchases and sales were made mostly by Mr. Butt, and were recognized by his Lordship; that the payment for any loss (sustained by either of the three) was made by Mr. Butt, and the receipt of any profit was by the hand of Mr. Butt. They discovered that Mr. Cochrane Johnstone and Mr. Butt, were in the habit of coming every morning at an early hour to visit their broker, Mr. Fearn; that on the morning in question, they had come at an early hour, in a hackney coach, and that Lord Cochrane, after having breakfasted in Cumberland-street with Mr. Cochrane Johnstone and Mr. Butt, came in the same hackney coach, at least as far as Snow-hill, if he did not afterwards go on to the Stock Exchange. They discovered, too, that Mr. Fearn was not the only broker [Pg 30]they employed; they employed a Mr. Smallbone, a Mr. Hichens, and a Mr. Richardson; they may have employed twenty others that we know not of, because it has been only by accident that the Committee learned their employment of Mr. Richardson, for Mr. Richardson not being a member of the Stock Exchange, the Committee had no controul over him to exact information from him. Mr. Butt had employed Mr. Richardson on the Saturday preceding, to purchase fifty thousand omnium, of which he the same day sold thirty; and so anxious was Mr. Butt on that Saturday to be possessed of as much stock as possible, that he endeavoured to persuade Mr. Richardson to purchase one hundred and fifty thousand, but Mr. Richardson trembled at the idea of making so large a speculation, and refused to go beyond the fifty thousand.

You have these persons, then, linked together in such manner, as will render them perfectly inseparable in these various stock transactions; having dealt for some little time; having bought and having sold; having this tremendous balance, this world of Stock, under which they were, on the Saturday evening, bending and groaning, on the Monday morning they had disburthened themselves completely of this with a profit of a little more than ten thousand pounds. If the telegraph had worked, that ten thousand would have been nearer a hundred thousand—that the telegraph did not work, was not to be ascribed either to them or to their agent.

Gentlemen, when all this was ascertained, the Committee apprised those who had appointed them of the result of their labours; they printed an account for the information of the members of the Stock Exchange; they then had some private information, that Du Bourg really was De Berenger; but on enquiry for Mr. De Berenger, they found he was gone off; they had not, therefore, any positive proof, and on that account they very prudently said nothing upon the subject. When [Pg 31]they had printed this information, for the use of their own members only; it did get out, and there were published in the newspapers some accounts of their reports, some of them correct, and some of them incorrect, but sufficient undoubtedly to direct the eyes of all men to these three individuals, Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt.

Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, felt that it was requisite for them to give some explanation upon this subject. Mr. Butt was extremely indignant at suspicions being thrown out respecting him, he abused those who had libelled and slandered him, and threatened prosecution, a threat which he has not executed, nor ever will. Mr. Cochrane Johnstone, too, equally threatened prosecution, and he has equally failed in the execution of his threat; but one fact stated by the Committee, roused the indignation of Mr. Cochrane Johnstone. It had been stated by the Committee, that whereas Mr. Cochrane Johnstone and Mr. Butt, had been satisfied before the 21st of February with doing business at the office of their agent, that on that morning they commenced business at an office, taken by Mr. Cochrane Johnstone for the use of Mr. Fearn, in Shorter's Court, Throgmorton-street, an office most conveniently situated, just by the side door of the Stock Exchange itself. This office consisted of three rooms, in one of which rooms were Mr. Cochrane Johnstone and Mr. Butt; in a second Mr. Fearn, and in the third a Mr. Lance, a person also employed by them; and the Committee stated, from Mr. Fearn's information, that Mr. Cochrane Johnstone had taken this office for Mr. Fearn, even without his (Mr. Fearn's) knowledge.

Mr. Cochrane Johnstone was extremely angry at this; he declared it to be a most unqualified falsehood, and that he was ready to swear positively, that he never had done any such thing; that the office was Mr. Butt's, and that Mr. [Pg 32]Butt had given it up to Mr. Fearn; now that would not signify much, for I will shew, that Mr. Butt and Mr. Cochrane Johnstone are one and the same. Gentlemen, I am sorry to say, that after what I have seen of Mr. Cochrane Johnstone's conduct in this transaction, I am not surprised at his denying this, merely because his denial is in contradiction to the fact, but I am surprised that he should dare to deny it, when I have a contradiction not only by a witness, but by a letter under his own hand. I will prove to you, by the owner of the house, that Mr. Cochrane Johnstone did take this office; he not only took this office, but he was desirous of taking the whole house; he had taken the office before the 17th of February, and on the 17th of February he called on Mr. Addis, who had the letting of the house, and he wrote and left on his desk this letter: "Sir, I called again upon you to know if you have power to sell the house, part of which I have taken." This is Mr. Cochrane Johnstone, who is ready to swear that he never took any office at all—"part of which I have taken." Gentlemen, mark the remainder, and apply it to the morning of the 21st of February.—"As I find there are several persons in the house at present, which is rather awkward, and makes it too public—Walls have ears." Mr. Cochrane Johnstone and Mr. Butt did not like that their consultations should be liable to be overheard—their guilt might then be proved by other than circumstantial evidence. "If you have powers to sell, I will immediately treat with you; have the goodness, therefore, to leave the terms with your clerk, or send them to me at No. 18, Great Cumberland-street. I will however call again this day, before I return to the West end of the Town."

Gentlemen, that is the letter of Mr. Cochrane Johnstone, and so much for Mr. Cochrane Johnstone's denial of his having taken the office in Shorter's Court.

[Pg 33]

Gentlemen, besides this denial of the fact, and this offer to swear to it, these Gentlemen chose to make some criticisms on the report printed by the Committee of the Stock Exchange, and the first criticism was one of great importance.—One person had said, that Colonel Du Bourg got out of the post chaise into the hackney coach, and another person said, he got into the hackney coach having just alighted from the post chaise, and it was supposed that that was a material contradiction. You will find the fact to be, that he stepped from the one into the other.

Another was, that one person called the great coat, a mixture, and another called it brown. In truth it was a greyish mixture, a military great coat.

Another was, that one person had called the lace on the cap gold, and another called it silver. It happens to be a pale gold, which according to the light in which you view it, will appear like either gold or silver. I will produce to you a fac simile of both coat and cap.

But it was felt that these criticisms would not suffice. Lord Cochrane must account for his visitor, and Lord Cochrane came forward with a declaration upon this subject, in a manner, which, I confess, appears to me most degrading. If a person of his rank thought fit to give any declaration, I should have thought that the mode of giving it would have been under the sanction of his honor. Lord Cochrane thought otherwise, and he chose to give it under the half and half sanction of a voluntary affidavit. I call it so, Gentlemen, for this reason, that although he who makes a voluntary affidavit attests his God to its truth, he renders himself amenable to no human tribunal for its falsehood, for no indictment for perjury can be maintained upon a voluntary affidavit. I wish that none of these voluntary affidavits were made; I wish that Magistrates would not lend their respectable names to the use, or rather to the abuse, which is made of these affidavits; for whether they [Pg 34]are employed to puff a quack medicine or a suspected character, they are I believe, always used for the purpose of imposition.

Gentlemen, this affidavit I have before me, and I will prove the publication of it upon Lord Cochrane, it is thus prefaced:

Now comes the Affidavit:

Gentlemen, Lord Cochrane has complained that he was not called upon by the Committee of the Stock Exchange to give his explanation personally. It appears to me that he has no reason to complain that they did not so call upon him—would that he had been so called upon: what would any man have given to be present to see whether any human countenance was equal to the grave relation of this extraordinary story. Let us examine it, Lord Cochrane tells us that being at this manufactory of Mr. King's he received a note, the name of the writer of which he cannot read, yet, that he hastens home directly; engaged as he is in the superintending the making of a Lamp for which he had a patent—engaged too in this tremendous stock account, which is at this very moment, under the guardian care of Mr. Cochrane Johnstone and Mr. Butt, abruptly closing, he instantly quits the City, and hastens home to see a person whose signature he cannot decypher, and when he comes there he finds Mr. De Berenger to be the writer of the note, and he has all this extraordinary conversation with him about going on board the Tonnant to instruct the crew in [Pg 39]sharp-shooting, and then when a negative is put upon Mr. De Berenger's application at least for the present, Mr. De Berenger tells him he cannot forsooth "go to Lord Yarmouth or to any other of his friends in this dress." Why, I beg to know, cannot Mr. De Berenger go to Lord Yarmouth or any other nobleman or gentleman in the dress in which he waits upon Lord Cochrane? if he was dressed as Lord Cochrane describes, there could be no impropriety; but still more, "or return to his lodging, where it would excite suspicion," coming out of his lodging in this dress might to be sure excite suspicion, for persons who saw him might imagine that a gentleman thus dressed was going a little beyond the rules of the King's Bench, but how could his return excite suspicion? If he was returning to his lodgings why would he want any other dress? except that he was afraid to return to his lodgings in that dress because it would afford the means of tracing and detecting him. "If I refused to let him join the ship now, he would join it at Portsmouth, under present circumstances however, he must use a great liberty, and request the favor of me to lend him a hat to wear instead of his military cap. I gave him one which was in a back room with some things which had not been packed up." Then we are to suppose that De Berenger was satisfied; he had got rid of this cap with the gold border which might excite suspicion, and he was content to go. No says Lord Cochrane that will not do. "Having tried it," that is the hat, "on, his uniform appeared under his great coat, I therefore offered him a black coat that was laying on a chair and which I did not intend to take with me." We are, I presume then, to understand that he put on the black coat, though that is not expressly stated, "he put up his uniform in a towel and shortly afterwards went away." Then he was to go off entirely, was he? Gentlemen, I am sorry to find that my Lord Cochrane, filling the high situation that he does, sees nothing wrong in assisting a person within the rules of [Pg 40]the King's Bench to abscond, for whose stay within those rules sureties have entered into a bond; either Lord Cochrane's mind has confounded all right and wrong, or what is more probable, he confesses this smaller delinquency to conceal the greater, for I say he would not have made this acknowledgment unless he had to conceal that he lent the dress for another purpose, for which purpose I say De Berenger resorted to him, and which purpose was answered by Lord Cochrane's assistance.

Another part of this affidavit is very important, "Captain Berenger wore a grey great coat, a green uniform, and a military cap." I will prove to you that the uniform was scarlet; that it was embroidered with gold, and that there was a star on the breast. I will prove that by many persons who saw it, and I will produce it to you to-day.

A circumstance is resorted to by Lord Cochrane, and indeed by his associates, as a defence which affords another proof of the infatuation of guilt. They have thought it a favorable circumstance for them that they sold out their stock early in the day at a small profit; in my mind it is one of the strongest circumstances against them. If they had believed the news would they have sold out early, and at that small profit? why did they so sell out? but because they knew that belief in the news would last but a very short time, and that they must take advantage of it without delay, for when I have stated that ten thousand or ten thousand five hundred pounds was the amount of their profit I have very much understated it, their profit vastly exceeded that, their profit was all they had been saved from losing, they had been that which is well known in the language of the Stock Exchange, they had been Bulls and they had been invariably Bulls, they had been raising the price by their purchases, their purchases had vastly exceeded their sales, as appears by the amount of the balance, they had gone on plunging deeper and deeper till they were completely out of their [Pg 41]depth; the market was flat, if they had sold at 27-1/2 they would have been losers to a small amount, but unless they had made all mankind as hungry for stock as they were for profit, they could not have got rid of their million of omnium and stock, without an immense loss; and when they tell me they sold at once, I say yes, so you did, that is my argument against you: I say you did not wait half an hour when the news came, that as fast as you found the news operate, the telegraphic communication from Shorter's Court to the Stock Exchange took place, Mr. Fearn was set to work—he was ordered to sell, and he did sell by twenties, thirties, forties, and fifties of Thousands, and in the hurry and confusion they were in, one sold Ten Thousand Consols less than he had, and the other Twenty-four Thousand omnium more than he had; I think therefore this selling early, and selling at a small profit will not much avail them, but very much the contrary.

But, Gentlemen, it was felt that if the case rested there, they had done very little indeed, because no man could be so infatuated as to suppose that this story of De Berenger and his Sharp Shooters would go down, unless they shewed that De Berenger was not Du Bourg: for, if De Berenger was Du Bourg, it was very easily seen through, and therefore they set up for De Berenger, (who was not forth coming to set it up for himself) that best of all defences if true, which is sometimes resorted to in Courts of Criminal Judicature, and is commonly known by the name of an alibi.—It is, I say, the best of all defences if a man is innocent, but if it turns out to be untrue, it is conclusive against those who resort to it. Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, published two affidavits of a man and woman of the name of Smith, who were the servants of De Berenger; the affidavits are of the same manufacture with the others. Affidavits are commonly in the third person, "A. B. maketh oath and saith," but I observe all these affidavits, as well Lord [Pg 42]Cochrane's as the rest, begin I A. B. do swear, these Affidavits I will read to you, "I William Smith, servant to Baron De Berenger, do swear, that my Master slept at home on Sunday the 20th of February, 1814, as I let him in about eleven o'clock at night; that he went out early next morning, as I went into his room between eight and nine o'clock, and found him gone out. I went about nine o'clock, and did not return till three o'clock, being that day at my mothers cleaning some Pictures for her, and when I returned, I then found my Master at home, and I went to him to ask if he wanted any thing, he desired me to get him some ale and a mutton chop, which I did; I saw his grey military great coat and his green drill dress, and a black coat which I knew was not his, lying upon a chair in the room; he went out that day to dine between five and six o'clock, and came home about eleven that night; he slept regularly at home all that week, until Sunday the 27th, when he went away in the evening, and desired me to carry a box of clothes with him to the Angel Inn, which I did, and I there left him and have never seen him since, and this is all I know about my Master." This, Gentlemen, we have too upon the sanction of a voluntary affidavit. Then comes his wife, "I Ann Smith, female servant to Baron De Berenger, do swear, that my Master came home about twelve o'clock on Monday the 21st day of February, in a Hackney Coach,—that I believe he did, he had on a black coat, he had a bundle with him, which to its appearance, contained his grey military great-coat, and green uniform, he went out the same morning before breakfast without my seeing him; and I do further swear, that I made his bed and cleaned his room as usual, on the 21st day of February, which had been slept in: he always slept at home regularly until Sunday the 27th of February, and he went away that day, and I never have seen him since." Now, Gentlemen, if this be true, to be [Pg 43]sure it is idle to talk of Mr. De Berenger having been at Dover on that night; he could not have been at Dover, and at the same time sleeping in his bed within the rules of the King's Bench Prison. These affidavits were put out as complete and conclusive evidence, that all the surmises of Du Bourg and De Berenger being the same person were absolutely mistaken, that the visitor of Lord Cochrane, Mr. De Berenger was not, and could not be the impostor Colonel Du Bourg.

Gentlemen, at that time it was supposed Mr. De Berenger, was safe out of the kingdom, and that no contradiction of these affidavits could ever take place; and that being supposed to be the case, these parties grew very bold and there was a good deal of vapouring. Mr. Butt wanted his money. The Stock Exchange Committee came to this resolution, and it appears to me to be most honorable conduct, they resolved, not that the agreements of that day should be cancelled, but that an account should be taken of the profit made by those persons, who, in these extraordinary circumstances, had attracted suspicion to themselves. That that money should be paid into the hands of trustees, to await the result of the investigation, and if the suspicions were cleared up, they should have it, if not, that it should be disposed of, in a way that could attach no motive of interest whatever to the Stock Exchange or to their Committee. Upon this resolution, £10,500, the profit made by Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, were paid into the hands of trustees, to wait the event. Mr. Butt was not satisfied with this arrangement, and he was clamorous for his money. They said, "wait a little, Mr. Butt, you shall have it presently, if you are entitled to it."—"No," he says, "give me my money."—"It is perfectly safe, Mr. Butt, for your own honor and character's sake wait a little."—No reply, but "the money—give me the money."

Gentlemen, that was the consolation to which Mr. Butt looked, for the contempt to which he found his conduct had exposed him;—that consolation he will not have—he will have conviction and shame, but he will not get the money.

Gentlemen, the complete developement of this business, however, now approached. In the beginning of April, Mr. De Berenger was heard of at Sunderland, endeavouring to get out of the kingdom. A warrant had some time before issued from the Secretary of State for his apprehension; and most fitly had it been issued, for though Mr. De Berenger, as an alien, had a licence to live in any part of Great Britain he had no licence to go out of it; and he had abused the privileges of an alien, by having attempted a gross imposition on a high Naval Officer of the country: and information being given to the officer, who had had that warrant in his possession for three weeks, he set off to Sunderland after him. He found he had gone from thence to Newcastle, from thence to Glasgow, and from thence to Leith; and at Leith, on the 8th of April, he apprehended him. He was brought to London, and arrived in London on the 12th, and then on being shewn to various persons who had seen him in the course of his journey, he was identified by every one of them as Du Bourg;—by persons at Dover,—by persons at Dartford,—by the drivers,—by the coachman,—and above all by a very important person in this transaction, he was identified by a Mr. Solomon.—And I will tell you who Mr. Solomon is.—An account of the dress of Colonel Du Bourg having been published, the public attention was drawn to that circumstance, and in the latter end of March a fisherman in dredging in the Thames a little above London Bridge brought up from the bottom a bundle (which had been sunk by [Pg 45]pieces of lead) containing a scarlet Aid de Camp's uniform cut in pieces, and a star and badge which identified it beyond contradiction, and upon this being advertised, a Mr. Solomon, an Army Accoutrement Maker, who has one shop at Charing Cross and another in New-Street Covent Garden, came forward and identified these as the cloaths which, together with the grey coat and the military cap, he had sold to a gentleman on Saturday the 19th of February; the gentleman was very liberal in his purchases and said that all these things were to be sent into the country for a person to perform the part of a Foreign Officer. Mr. Solomon said perhaps Sir you had better take them on hire. No. He was not disposed to do that, he would rather purchase them, and he did purchase them, and he paid for them in one pound notes and took them away in a Hackney Coach. On Mr. Solomon being taken to see Mr. De Berenger he recognized his person as the person who had so bought the clothes and paid for them.

Gentlemen, what now becomes of these affidavits and of those who made them? what becomes of this alibi for Mr. De Berenger? what becomes of the affidavits of his servants Smith and his wife? what becomes of Lord Cochrane swearing as he does to his green coat? why do persons resort to falsehood, but because truth convicts them? If any person who is found in suspicious circumstances, and is accused of the highest offence known to the law, resorts to lies to excuse himself, his life pays the forfeit, for no man resorts to lies unless he knows that the truth is absolute conviction: why have these persons thus involved themselves deeper, but because, when they found detection approaching them, they wished to ward it off, careless what were the means, careless who was the instrument, careless too who was the victim.

Gentlemen, suppose I were to rest my case here, and were to call upon my learned friends to answer this case, I beg to know what answer they could give? what are they to [Pg 46]say for this impostor Du Bourg, this real De Berenger, resorting to the house of Lord Cochrane thus deeply interested in the success of this fraud? thus linked inseparably with two other persons equally interested in the success of the fraud, who, if a different kind of news had arrived that day, would have been absolutely ruined: for if on the 21st of February that news had arrived, which just a month after did arrive of the rupture of the negociation at Chatillon, there would have been such a fall in the price of the funds that these three persons would have been losers to the amount of upwards of one hundred and sixty thousand pounds. What will my learned friends say for persons thus circumstanced, thus involved in suspicion, thus by falsehood and by moral perjury, though not legal, endeavouring to defend themselves? Will my learned friends to day call these Smiths? will they put these persons whom they have made commit this moral perjury into that box and expose them to the charge of legal perjury? if they do not put them there they "die and make no sign;" and, if they do I think I shall be able to shew you who manufactured these affidavits, and how these servants, the Smiths, have been dealt with. I will undertake to prove out of their own mouths that their master was from home that night instead of being as they pretend, in his bed.

But, Gentlemen, when my learned friends find it impossible to stand upon the ground which their clients have before taken, perhaps they may say, for in the distress of their case I do not know what may not be said;—well, admitting that De Berenger was Du Bourg, are we to infer from his visit to Green-Street that Lord Cochrane and he were thus criminally connected?—why you must infer the contrary; it is a proof of innocence, for if they had been so connected, De Berenger would not have been such a fool as to pay his first visit to Lord Cochrane, he would have gone to any other house rather than to Lord Cochrane's. Gentlemen, that argument will not [Pg 47]assist my learned friends, for it is too much to ask credit for rational conduct in those who cannot act criminally without acting irrationally. They who contrive schemes of fraud cannot always provide for all possible events. No, Gentlemen, it is the order of Providence, in mercy to mankind, that wickedness should be defeated by its own folly. When the mind is in disorder the course is not straight and even, but irregular and wavering, it is detected by its obliquity: it is by the winding of the course that you discover you are in the path of the serpent "Quem Deus vult perdere prius dementat," is a maxim which comes down to us sanctioned by the experience of all ages; and no man who has not slept for the last two years, can hesitate to set his seal to its truth. Gentlemen, it is as true of Stock-jobbing conspirators as it is of those who have lately been entrusted with the destinies of empires. There is always something omitted, the omission here was this; in settling their plan of operations they had forgotten to provide where De Berenger should resort on his arrival in Town, and on his way his heart failed him, as to going to his own lodgings; he dared not enter into his own lodgings in a dress, which dress would lead to detection, and he therefore drove to Lord Cochrane's to get rid of his dress; and there he, by Lord Cochrane's assistance, did get rid of it; he procured a round hat and a black coat, and then went confidently and safely home to his lodgings, exempt from observation and suspicion.

But, Gentlemen, I have to tell my learned friends, that if they could dispose of all this, their task would be but just beginning. You will naturally ask, was De Berenger a person known to the Cochranes?—Can it be shewn from any other source, that they had ever been together before? Gentlemen, I will shew you that De Berenger was extremely well acquainted with them; that he was a visitor at Lord Cochrane's, and a visitor at Mr. Cochrane [Pg 48]Johnstones; that he made it his boast that he was on very familiar terms with them, and that he had given them important assistance in stock-jobbing transactions, and that he expected to be handsomely rewarded for his services, for that by his means they would get a great deal of money by these stock-jobbing transactions. I will prove this to you by more than one witness. I will prove their acquaintance, if necessary, by persons even of Mr. Cochrane Johnstones family.

Gentlemen, my proof does not end there. If Mr. De Berenger was the hired agent of these persons, for the purpose of committing this fraud, what would you expect?—why that after they had used him they would pay him and send him away.—I will prove to you, that they did so pay him, and that they did send him away.

You have learned from these affidavits of the Smiths, (which so far are true,) that on the evening of Sunday the 27th, (which was the Sunday after he was at Dover,) he quitted his lodgings, and was seen no more. Who do you think was his visitor on Saturday the 26th?—Mr. Cochrane Johnstone. On Saturday the 26th Mr. Cochrane Johnstone came to his lodgings, and left a letter for him; that letter, no doubt, hastened his departure, and off he went. He was taken at Leith, and there were found in his possession certain books and papers and bank notes; these bank notes Mr. De Berenger has desired to have returned to him. The prosecutors thought that one bank note for one pound was as good as another bank note for one pound; and in order that Mr. De Berenger might not complain of being cramped in pecuniary matters, they gave over to him notes of corresponding value. But that does not satisfy Mr. De Berenger; he wants the very identical notes taken from him; he has contracted an affection for them I suppose, on account of their having been his travelling companions. They were his solace in [Pg 49]a long journey, and the support to which he looked in future in a foreign land. What harm can these notes do to Mr. De Berenger?—He is much too deeply implicated in this to make the presence or the absence of these notes of the least consequence to him. Who can be so blind as not to see, in the pretended anxiety of Mr. De Berenger for these notes, the real anxiety of his fellow conspirators; who having made him their instrument in the fraud, wish to make him their instrument in the destruction of the evidence.

Gentlemen, there have been differences of opinion on the subject of Bank Notes as a circulating medium, but there can be no difference of opinion as to their being most admirable detectors of fraud. I have these Bank Notes here, and you will find that the fears of these Defendants are well founded, for they furnish conclusive proofs of their guilt. I will read to you first, however, a memorandum of Mr. De Berenger's, in a little book, which was found in his letter-case; from this he appears to have written on the 1st of March, a letter to "C. J." which I take to be Cochrane Johnstone; there are other initials mentioned in the same page, as "W. S." which I take to be his servant, William Smith; and "G. T." which I presume to be Gabriel Tahourdin, his attorney.

The name of Mr. Tahourdin reminds me of something which I had forgotten to mention. The sureties for Mr. De Berenger keeping within the Rules of the Bench, were a Mr. Cochrane, and Mr. Gabriel Tahourdin, his attorney, and also the attorney of Mr. Cochrane Johnstone, they were bound in a penalty of four hundred pounds for Mr. De Berenger keeping within the Rules of the King's Bench, Mr. De Berenger absconded and left them liable to the penalty of their bond; and I cannot sufficiently admire the good nature of Mr. Gabriel Tahourdin, who not only has forgiven him for leaving him in the lurch, but actually defends him to-day, and is also one of his bail on this indictment.

[Pg 50]

Gentlemen, there are some parts of this memorandum which I cannot interpret; perhaps Mr. Cochrane Johnstone will give us the letter, and that will supply the explanation. It begins, "To C. J. by March 1st, 1814, £350, £4 to 5000, assign one share of patent, and £1000 worth shares of Mr. De Beaufain, at Messrs. H. to their care." Now comes the important part; I should tell you, Gentlemen, that Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, allege that their gains were not quite so great as the Committee of the Stock Exchange estimate them to have been. They say, that the gains of the three were but £6500, of which Lord Cochrane's share was £1700, and Mr. Cochrane Johnstone's and Mr. Butt's were £4800. Mr. Butt was the person who transacted the business, being more a man of figures than the other two, and acting as their agent, he had rendered his account to Mr. Cochrane Johnstone; and it should seem as if Mr. De Berenger's compensation was a per centage upon their gains, for he writes thus: "Believe, from my informant, £18,000, instead of £4800;" he thinks their profit was four times as much as they say; "Suspicious that Mr. B." who can that be except Mr. Butt? "does not account correctly to him as well as me—determined not to be duped—no restrictions as to secrecy, requesting early answer."

These are evidently the heads of a letter which he has written to Mr. Cochrane Johnstone. There are other notes of letters to Mr. Tahourdin and William Smith, giving directions, which plainly indicate that he was a man quitting this country never to return.

Gentlemen, there were found I have told you, certain bank notes, and a memorandum book, and you will find in this memorandum book there are the figures 450 and 90 summed up together, making £540. You will find that he must have received about that sum from Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, he accounts here [Pg 51]for the expenditure of a considerable part of it, and as you go along with me, you shall be able to account for it: so here is W. S. that is William Smith, £50, W. S. again, £20 and so on, with names and sums altogether amounting to £163, and then there is a statement of expences on his journey: he appears from both to have had in his hands £540. From whom do you think he had it? From his associates in this transaction, Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt; we have traced the notes up to every one of them. I shall be enabled to shew these persons actually paying him this very money, and when? Between the time of his transaction and his absconding. I will shew you that Mr. Fearn on the 10th of February, drew a check on Bond and Company for £56 5s. payable to Mr. Butt, that that was paid partly in a fifty pound bank note, that bank note was found in the possession of Mr. De Berenger when he was taken at Leith. On the 16th of February, Mr. Smallbone drew a check on Jones, Loyd, and Company for £470. 14s. 4d. made payable to a number, but actually given by him to Lord Cochrane, that was paid in a two hundred pound note, two one hundred pounds, a fifty pound, some small notes, and the fraction in cash. The two hundred pound note was by order of Mr. Butt, exchanged by Christmas (a Clerk of Fearn's) at Bond's, on the 24th of February.—Mark the day, Gentlemen, the Thursday after this fraud, for two £100 notes, those two £100 notes this same Clerk of Mr. Fearn's carried to the Bank, exchanged them for two hundred notes of one pound each, brought them back and gave them to Mr. Fearn, who put them into the hands of Mr. Butt; and, as if these persons had been anxious to link themselves to each other inseparably, Mr. Butt, in Mr. Fearn's presence, handed them over to Mr. Cochrane Johnstone. Gentlemen, of these two hundred notes, I will shew you that eleven were passed at Hull, Mr. De Berenger having been at Hull at that time; that seven were [Pg 52]paid by him at Hull, that seven more have come into the bank from that country, marked with De Berenger's name, and that sixty-seven of them were found in Mr. De Berenger's writing desk at Leith.

Gentlemen, I told you that there were two other notes for £100 each. At the same time that Christmas went to the Bank on the 24th, Mr. Lance, who was another of their Agents, went to the Bank, and immediately after Christmas (for the numbers follow each other in the Bank Books) for the other two notes of £100 each, he got two hundred notes also of one pound each, and he gave them to Mr. Butt. Gentlemen, of those two hundred notes, forty-seven have come into the Bank with De Berenger's name upon them, and forty-nine more of them were found in Mr. De Berenger's writing desk. I mentioned to you that another note given in payment of this check to Lord Cochrane, was one for fifty pounds,—that Bank note of fifty pounds, I will prove Lord Cochrane himself paid away to his own coal merchant.

Then, Gentlemen, there is another check paid the 25th of February, 1814, on Prescott and Company by Lance, for £98. 2s. 6d. made payable to Mr. Butt, this was paid in a Bank note for fifty pounds, another for forty pounds, and the remainder in small notes. In the memorandum book, there is an entry to S. £50 importing that he had given to Smith £50. I will prove that Smith paid to Mr. Seeks that same note for fifty pounds, and the forty pound note I will prove that De Berenger paid at Sunderland to Mr. Bray, the rest we are not able to trace: add these sums together, they amount to the £450, and the £90, the very figures entered in Mr. De Berenger's memorandum book, which memorandum book was found in his writing desk when he was taken. Gentlemen, when I thus shew De Berenger, who quitted London on Sunday the 27th of February, having accomplished this fraud on Monday the 21st, thus possessed of [Pg 53]notes of this large value, in this great number, which were in the hands of these Defendants on Thursday the 24th; are you not just as certain that he received those notes from these Defendants as a reward of his criminal service, as if you had been yourselves by, seen the notes paid, and heard the reason assigned for which they were paid.

It was stated in the Newspapers, that some of the notes found on De Berenger, had been in the hands of Mr. Butt, upon which Mr. Butt directly addressed this letter to the Morning Chronicle, which appeared on the 18th of April. "Sir, Having read in several papers, a paragraph mentioning that Bank notes were found in the trunk of Captain De Berenger, which were in my possession, and were paid to me by Mr. Fearn, one of my Stock brokers, I think it proper in answer thereto, to say, that as the circumstances will be more fully discussed at a proper period, your astonishment will cease to exist when you see in what manner Captain De Berenger became possessed of the notes in question." Then Mr. Butt knows in what manner De Berenger became possessed of these notes, I call upon Mr. Butt to tell you how they came into De Berenger's possession; my learned Friends will hereafter have to inform you. And, Gentlemen, you will require something more than my Friend's statement, for the statement of Counsel you know, is from the instructions of the Client, and the instructions of the Client may deserve no more credit than a voluntary affidavit. I call upon Mr. Butt to shew that by evidence, and if he does not shew you that those notes came into the hands of De Berenger from some other quarter, for some other reason as a reward for some other service, it is impossible for you to resist the conclusion that they were the reward of De Berenger, for the guilty services which he rendered in this fraud; and if so, it was a reward from Lord Cochrane, it was a reward from Mr. Cochrane Johnstone, it was a reward [Pg 54]from Mr. Butt, they are one and the same, there is an identity between these three persons that hardly ever existed, they have but one mind, they are inseparably connected.

Gentlemen, I have to apologize to you for having in this large mass of matter omitted one thing, I stated that I should prove to you that Mr. Cochrane Johnstone had called at the house of De Berenger the day before he finally went off, I shall prove that by Mrs. Davidson, with whom De Berenger lodged, and I shall, by her evidence and that of her husband, falsify the Smith's affidavits, for I will shew by them that on the night in question De Berenger slept out, and that the fact of his sleeping out was known to Smith and his wife, who have made the affidavits.

Now, Gentlemen, it appears to me that I have done a great deal more than sufficient to prove these persons guilty, but they are never contented with giving evidence against themselves; upon the arrival of De Berenger in London they began to apprehend that the hour of detection drew near, and that they must strike a bold stroke to ward off the blow, and on the 12th of April, Mr. Cochrane Johnstone writes a letter to the Chairman of the Committee of the Stock Exchange which I will read to you—"Sir, I have this moment received a letter, of which the inclosed is a copy, and lose no time in transmitting it to you, for the information of the Gentlemen composing the Stock Exchange Committee; from the bearer of the letter I am given to understand that Mr. Macrae is willing to disclose the names of the principals concerned in the late hoax, on being paid the sum of £10,000, to be deposited in some banker's hands in the names of two persons to be nominated by himself, and to be paid to him on the conviction of the offenders. I am happy to say that there seems now a reasonable prospect of discovering the author of the late hoax, and I cannot evince my anxious wish to promote such [Pg 55]discovery more than by assuring you that I am ready to contribute liberally towards the above sum of £10,000 and I rest assured that you will eagerly avail yourselves of this opportunity to effect the proposed discovery, and an object you profess to have so much at heart, by concurring with me in such contribution, I have the honor to be, Sir, your obedient humble Servant, A. Cochrane Johnstone." And then there is Mr. M'Rae's letter inclosed, addressed to Mr. Cochrane Johnstone. "Sir, I authorize the bearer of this note to state to you that I am prepared to lay before the public the names of the persons who planned and carried into effect the late hoax practised at the Stock Exchange the 21st of February, provided you accede to the terms which my friend will lay before you, I am, Sir, your obedient servant, A. M'Rae." Mr. M'Rae's friend must have been the bearer of some message, for you observe that Mr. Cochrane Johnstone's letter states more than Mr. M'Rae's letter offers, Mr. Cochrane Johnstone does not receive an answer, and that he considered as very ill treatment. Six days afterwards he writes another letter, "Sir, I have to request that you will be so good as to inform me what are the intentions of the Stock Exchange on the subject of the letter which I addressed to you, relative to the proposal of Mr. M'Rae; Lord Cochrane, Mr. Butt, and myself are willing to subscribe £1,000 each, in aid of the £10,000 required by Mr. M'Rae."

Gentlemen, these letters call for more than one observation; I cannot forbear to make one upon the term which Mr. Cochrane Johnstone employs to describe this transaction—"a hoax," a mere joke, a matter of pleasantry. Gentlemen, a young, a giddy, an unthinking and careless man, who had no concern in the transaction, and who had never been suspected to have had any, might perhaps, in conversation, make use of that term; but Mr. Cochrane Johnstone is not young, he is not giddy, he is not unthinking, [Pg 56]he is not inexperienced, he has seen much of the world, he is a cautious man, he is a man of high and noble family, he knows that he is suspected of having been a party in this transaction, and yet he calls it a hoax! I beg to know what word in Mr. Cochrane Johnstone's vocabulary is to be found to express fraud? I presume he would call obtaining money by false pretences, an indulgence of the imagination, and playing with loaded dice, a mere exercise of ingenuity. Is it possible for any innocent man, situated as Mr. Cochrane Johnstone then was, to describe this foul fraud by the name by which Mr. Cochrane Johnstone here describes it? But, Gentlemen, look at the proposal itself; what must Mr. Cochrane Johnstone have thought of the Stock Exchange Committee? surely he must have thought that they were selected for their extraordinary gullibility, when he made this proposal to them. Undoubtedly they would have had no objection to the assistance of an accomplice, but it must not be an accomplice chosen by his associates. No, Gentlemen, an accomplice chosen by his associates is not chosen to divulge, but to suppress the truth. I should have thought that Mr. M'Rae, knowing that they had complete proof against him—which had been obtained at a cheaper rate than £10,000 might have made a more moderate proposal. I should have thought that impunity for himself, which is the common price of an accomplice, would have been sufficient to have had the evidence of Mr. M'Rae, but Mr. M'Rae's price is ten thousand pounds; his worthy companions are willing to contribute three—that is, they will give him three thousand, and will obtain for him seven thousand more; and I have no doubt, that if the offer had been accepted, Mr. M'Rae would very honestly have earned the whole, and have duly recollected to whom he was obliged for it.

Gentlemen, when Lord Cochrane, a few years ago, was preparing for an attack upon the French fleet in Basque [Pg 57]Roads, suppose the French admiral had sent this letter to him:—Sir, You are preparing to attack me to-morrow, the bearer is the best pilot on our coast, I should be sorry that you should run upon a rock, he will pilot you safely, do but accept his services; but as his skill is great his price is high—he requires ten thousand pounds; but so anxious am I for the success of your enterprize, that I will give him three if you will but give the other seven.

Gentlemen, this is the modest proposal which Mr. Cochrane Johnstone makes to the Committee of the Stock Exchange; and when he has so done he affects to be extremely angry that the Committee do not accept it.—Gentlemen what can be said more; what men would have resorted to this expedient but men who felt that they were on the eve of detection, and who tried this desperate expedient to see whether they could ward it off.

Gentlemen,—I believe I have now arrived at the end of my long trespass upon your attention. Survey the whole of these transactions. You find that the principals,—those who were to benefit above all others, were the Cochranes and Butt; Holloway in a smaller degree, but still not slightly;—De Berenger the principal agent;—the others, subordinate agents, who could have done nothing unless the foundation had been previously laid by De Berenger, in the character of the officer from Dover; his news had had its effect upon the funds even before the second arrived. Though it cannot be shewn, as in many cases it cannot, that these parties met and conferred and assigned to each his respective part, yet if you find a coincidence in object, and a coincidence in time; if you find the mode of execution precisely the same, is it possible to doubt that these underplotters were the agents of the great conspirators;—That the great conspirators were the authors of the plan, and that the others were executing their subordinate part?

[Pg 58]

Gentlemen, I have given you the best assistance in my power to understand and apply the evidence which will be laid before you. They whom I represent, have no wish but that justice should be done; they have investigated this subject with great care, with great assiduity, with great diligence, with great anxiety. They have had no personal difference with any of these defendants; they have never come in collision with them, to have the smallest possible difference; they have no wish but justice, and I am sure that at your hands they will attain that justice; and your verdict to day, (which I am sure after you shall have heard the whole of this case, will be a verdict of guilty,) will be a most salutary verdict:—It will shew the world that as there is no man beneath the law, so there is no man above it. It will teach evil minded persons, the absurdity of expecting that schemes of fraud can be so formed as to provide for all events. It will teach them that no caution can insure safety: that there is no contrivance, that there is no device, no stratagem, which can shield them from detection, from punishment, and from infamy.

Evidence for the Prosecution.

John Marsh sworn.

Examined by Mr. Bolland.

Q. I believe you keep the Packet Boat public house at Dover?

A. I do.

Q. Was your attention called to any thing early on the morning of the 21st of February?

[Pg 59]

A. No more than a gentleman was knocking at Mr. Wright's door of the Ship Inn, at Mr. Wright's fore door.

Q. What time?

A. Some time about one, or a little after one, between one and a quarter after one.

Q. Did you go out upon hearing that?

A. I did.

Q. Did you take any light with you, or did you go without one?

A. I went without a light.

Q. Upon going out whom did you find at Mr. Wright's door?

A. Some gentleman there.

Q. What was his appearance?

A. He appeared to be a gentleman.

Q. What was the appearance of his dress?

A. He had on a grey greatcoat and a uniform coat under it.

Lord Ellenborough. Was there light enough by the moon or the stars for you to see this?

A. After I got to the door, I called to a gentleman in my house to bring two lights across, when I had the two lights, the gentleman was in the passage.

Mr. Bolland. Do you mean the gentleman you had seen at the door?

A. Yes; he had a star on his red coat.

Lord Ellenborough. That coat you describe as a uniform coat, was a red coat?

A. Yes it was.

Mr. Bolland. That was under the great coat?

A. Yes.

Q. Will you look at this star, (shewing it to the witness,) and tell me whether it was like that?

A. That I cannot tell, it was something similar to that.

Q. Had he any other ornament?

A. Not to my knowledge.

[Pg 60]

Q. Did you say any thing to him or he to you?

A. He was very anxious for a post chaise and four.

Q. Did he apply to you for that?

A. No not to me in particular.

Q. Who had come down to him?

A. The porter at the Ship.

Q. Had you any conversation with him?

A. He wanted an express horse and a man to send to the Admiral at Deal.

Q. Did all this pass in the passage, or had you proceeded further?

A. It passed in the passage.

Q. Did he proceed into the house?

A. I asked him where he came from, and he told me he was the bearer of the most important dispatches that had been brought to this country for these twenty years; I asked him where he came from; he told me from France. I asked him where he landed, he told me on the Beach, and he begged of me to get a post chaise and four for him; and then I went and called Mr. Wright of the Ship Inn; after I came down from calling Mr. Wright, he wanted pen, ink, and paper.

Lord Ellenborough. He went into the Ship Inn, did he?

A. I shewed him into a room of the Ship Inn. As soon as Mr. Wright came down stairs, Mr. Wright gave me a sheet of paper, and pen and ink, which I carried into the room. I gave it to him, and he began to write upon it.

Q. You saw him write upon it?

A. I did. He called for a bottle of Madeira, and something to eat. I asked him whether I should call the collector of the port; I told him that it was his business to see such people when they landed; he made answer to me, that his business did not lie with the collectors; then Mr. Wright came to him, and I had no more conversation with him.

[Pg 61]

Mr. Bolland. You say two candles were brought to you?

A. Yes.

Q. Where were those candles placed?

A. On the table where he was writing, one on each side of him.

Q. Had you an opportunity from the situation of them of observing his person and face?

A. Yes, I think that is the person, (pointing out Mr. De Berenger.)

Mr. Gurney. I will thank Mr. De Berenger to stand up.

Mr. Park. Not unless his Lordship desires it he need not stand up.

Lord Ellenborough. He will make his election whether he will stand up or not.

Mr. Park. He is not to be shewn about like a wild beast as he has been.

Mr. Bolland. Who else was there?

A. A gentleman of the name of Gourley, and another of the name of Edis.

Q. Did you see another person there of the name of St. John?

A. I did not know him, they say there was such a person there.

Q. Was there another gentleman in the house?

A. Yes there was.

Q. Did you go away or remain with him?

A. I went to get the horses ready for him with all possible dispatch.

Q. Did you see him get into the chaise?

A. I saw him after he was in.

Q. Did any thing more pass in your presence?

A. No more than that he told the two postboys he would give them a Napoleon each.

Q. Did you observe how his head was dressed?

[Pg 62]

A. He had a German cap on with a gold fringe on it or silver; I did not pay that attention to it to say which, it had gold lace round the bottom part of it.

Q. Was it such a coat as that, (shewing a grey coat to the witness.)

A. Yes, such a color as that.

Q. And such a cap as that, (shewing a fur cap to the witness?)

A. Such a cap; but whether that was the cap I did not pay attention.

Q. Have you told his Lordship all that you saw and heard?

A. Yes.

Q. Did he tell you how he got to the beach?

A. No, he told me he landed on the beach.

Cross-examined by Mr. Park.

Q. What are you to this Ship Inn, I do not quite understand?

A. I live opposite.

Q. Are you any way connected with the Ship Inn?

A. Not in the least.

Q. How came you, hearing a knocking at Mr. Wright's Ship Inn, particularly to get up?

A. I was up.

Q. What had you to do with the Ship Inn, that because a man is knocking at the Ship Inn door you light candles at your house and carry over?

A. I went across to see who the gentleman was.

Q. Merely curiosity?

A. Mere curiosity.

Q. And from the same spirit of curiosity you lit two candles and brought them over to the Ship Inn?

A. I told a person to bring them over.

Q. Was it very beautiful moonlight that night?

A. No it was not moonlight.

[Pg 63]

Q. Was there any moon that night; had there been that night at all?

A. I did not pay that attention to the night to say.

Q. It was beautifully starlight I suppose.

A. I do not know, I did not pay that attention.

Q. Was it a foggy night?

A. That I did not look after.

Q. You will see by the Almanack it was new moon the night before; you did not observe whether it was moonlight, starlight, or foggy?

A. No.

Q. You found he had got into the passage of the house when you got the candles?

A. Yes.

Q. Who let him in?

A. The boots.

Q. Did you see him?

A. Yes in the passage.

Q. How long did you converse with him about the news that you say he said was greater than had ever been heard of for these twenty years from France? All that passed in the passage?

A. Yes.

Q. How long a time might you be in the passage?

A. Not longer than five minutes before I went to call Mr. Wright.

Q. Do you mean you were with him only five minutes before you went up stairs to call Mr. Wright, or altogether?

A. Altogether I suppose about that, I cannot speak to a minute; but he was in great haste to get away.

Q. How long do you think this person was altogether at Mr. Wright's?

A. I should think not more than twenty minutes.

Q. Where were the candles all this time you were in the passage with him?

[Pg 64]

A. I had them in my hand.

Q. What did you do with them when you went up to Mr. Wright?

A. I left them with him in the parlour; boots got me a candle.

Q. You held the candles in your own hand while you remained in the passage?

A. Yes, while the boots unlocked the parlour door, and I went and put them on the table.

Q. Before you went up stairs?

A. Yes.

Q. Had the person who you say was this gentleman gone into the parlour before you went up stairs?

A. Yes he had.

Q. I take for granted when you came down stairs and Mr. Wright got the paper you did not go in again?

A. No; he wished me gone, and I did not go in again.

Q. Then altogether, except for seeing him for five minutes in the passage, and you going into the parlour for the short time you did, and afterwards when you saw him in the post chaise, and when he offered the postboys a Napoleon each you did not see him?

A. No.

Q. You had nothing to do personally with this inn called the Ship?

A. No, I keep the Packet Boat opposite.

Q. Do you know whether there had been a large company at the Ship Inn that day?

A. I do not know.

Q. You had not seen Mr. Wright the innkeeper late in the evening of that day, had you?

A. No.

Q. Had you ever seen this person who you say is the gentleman sitting before me before that time?

A. Not before, nor yet since, till to-day.

[Pg 65]

Q. And from this slight observation of him, which you have described, you take upon you confidently to swear that this person sitting before me is the man?

A. Yes.

Q. Never having seen him before nor again till this day?

A. I am very well satisfied.

Q. You are very easily satisfied I see; were you ever examined upon this subject before?

A. Mr. Stowe, the collector—

Q. I do not ask as to Mr. Stowe, but were you ever examined in London before?

A. No, never.

Q. Mr. Stowe is the only person who has examined you upon this subject till my learned friend has done it now, and I cross-examine you?

A. Yes.

Re-examined by Mr. Bolland.

Q. Before you sent for the lights, had the gentleman told you what his business was, and that he had landed from the Beach?

A. He told me before I sent for the lights; I was in the passage with him at the time till the lights came.

Q. Was your attention particularly called to him as a stranger of some importance?

A. Undoubtedly.

Q. You have said you had not seen the person before whom you have pointed out?

A. No.

Q. Did any body suggest to you that that was the person when you saw him?

A. No, it was by myself in the hall.

Q. Did you know him when you saw him?

A. The instant I saw him.

[Pg 66]

Q. Had you the least doubt upon your mind of his being the man?

A. Not the least.

Thomas Worthington Gourley sworn.

Examined by Mr. Bolland.

Q. You are a hatter at Dover I believe?

A. I am.

Q. Were you at Mr. Marsh's, the Packet Boat, on the morning of the 21st of February?

A. I was.

Q. Was your attention called to any thing in particular on that morning?

A. Yes it was, after Mr. Marsh went out first and called for lights, I took two candles and went across with him to the Ship.

Q. On getting to the inn what did you perceive?

A. I perceived a gentleman in a grey coat, a pepper and salt coloured coat, more properly speaking.

Q. Look at that coat, and tell me whether it was like that?

A. Something similar to that.

Q. Did you remark any other part of his dress?

A. Not at that time.

Q. Tell us what passed when you went over?

A. Mr. Marsh asked me to go and call the ostler up, and tell him to get a post chaise and four immediately.

Q. Had the stranger said any thing in your presence?

A. Not at that time.

Q. Did you do so?

A. I did.

Q. Did you return back again?

A. After some considerable time—I was sometime in getting the ostler up.

Q. Where did you find the stranger on your return?

A. I found him in the parlour.

[Pg 67]

Q. Were there any lights in the room?

A. There were.

Q. How were the lights placed with reference to him, and what was he doing?

A. There were two candles on the table, the gentleman was walking about, he had got a uniform dress on I perceived then.

Q. What was the colour of that dress?

A. Red, trimmed with gold lace, with a star upon his breast.

Q. Did you perceive any other ornament?

A. No I did not, to notice it.

Q. Did you make any remark upon the dress of his head?

A. He had got a cap on.

Q. Was it like that cap?

A. Something similar to that.

Mr. Park. Does your Lordship think they ought to be exhibiting these paraphernalia; it appears to me something like a novelty exhibiting such things in a Court of Justice till the proof has gone further?

Lord Ellenborough. The witness has said he had a cap on, and so on.

Mr. Park. If they had asked was it that cap I should not object to it if they were prepared to prove that was the cap, but they might send to Covent Garden wardrobe and fetch all these things?

Mr. Gurney. I undertake to prove by the person who made the dress for De Berenger, that these are fac similes of the articles of dress made for him.

Mr. Park. You stated that very expressly and very clearly.

Lord Ellenborough. Unless his recollection goes to their being such things, I think it would not go far; it is a thing that occurs every day, I have seen it twenty times at the Old Bailey.

Mr. Park. It assists the recollection of the witness, which I say my learned friends are not entitled to do.

[Pg 68]

Lord Ellenborough. When the witness has given a previous description of the dress, it is very usual to ask wherein does it differ, or what sort of a thing is it—they must first lay the foundation for the production which I think they have done in this case.

Mr. Bolland. Had he a cap upon his head similar to that?

A. Yes he had.

Q. Had that gold lace on?

A. It had.

Q. You say the gentleman was walking up and down the room?

A. Yes.

Q. Did he say any thing in your presence?

A. I asked him what the news was.

Lord Ellenborough. How came you to ask that?

A. Because I had heard Mr. Marsh say he was a Messenger come over.

Mr. Bolland. Did he reply to that?

A. He told me that Messengers were sworn to secrecy, but that he had got glorious news he had brought over to England, the best that ever was known for this country.

Q. Had you any further conversation with him?

A. He rung the bell and called for a pen, ink and paper, to write a letter to send off to the Admiral at Deal.

Q. Was that brought to him?

A. It was, and he was writing the letter some little time while I was there, and I bid him good night after that.

Q. Did you take leave of him before he had finished the letter?

A. I did.

Q. Where were the candles during the time that he was writing the letter?

A. On the table.

Q. Were they sufficiently near him to enable you to observe him?

[Pg 69]

A. Yes they were.

Q. Can you point out to the Court that person who wrote that letter on that night?

A. Yes.

Q. Will you point him out?

A. Yes, that is the gentleman (pointing to De Berenger.)

Q. Have you any doubt upon your mind of that?

A. None in the least.

Cross-examined by Mr. Richardson.

Q. You did not come over until you were called for by Mr. Marsh to bring candles?

A. No I did not.

Q. You were immediately sent to order horses, were you not?

A. Yes, I went and called the ostler up.

Q. I think you state that you were absent some time in performing that service?

A. Yes, I was some little time before I could wake the ostler.

Q. You left the candles in the passage with Mr. Marsh?

A. Yes.

Q. You handed the candles to him, and went immediately to call the ostler?

A. Yes.

Q. It was not till after you returned, having been absent some little time that he rung the bell and ordered pen, ink, and paper.

A. Yes.

Q. That order was given in the parlour, not in the passage?

A. Yes.

Q. Did you see him write upon the paper?

A. Yes, I did.

Q. You are a hatter?

A. Yes.

[Pg 70]

Q. There is a hatter's club at Dover, is there not?

A. Not that I know of.

Q. Were you up at this time when this transaction took place, or did you get up for the purpose?

A. I was up at the time.

Q. Had you any particular meeting on that day?

A. No, nothing particular, only I was smoking a pipe with Mr. Marsh.

Q. At one o'clock?

A. Yes, a little after one, it was between one and two o'clock I stopped there after two o'clock, I stopped some considerable time after the gentleman was gone away.

Q. He was not there above a quarter of an hour, or twenty minutes, was he?

A. I cannot tell, it might be a quarter of an hour or it might not.

Q. He was in a great hurry to get off, and went off as soon as the horses were ready?

A. He did.

Q. Had you dined at the Packet Boat, or at the Ship on that day?

A. No, I had not.

Q. Have you seen that gentleman from that time till to-day?

A. No, not from the time I saw him at Dover till to-day.

Q. Have you not been at London to be examined?

A. No.

Q. You have heard a great deal about this transaction?

A. Yes, it has been in every body's mouth.

Q. I take for granted you talk about these things as we do in London?

A. Yes we do.

Q. And read the newspapers that have been full of this thing for a long time?

A. I frequently read the newspapers.

[Pg 71] Re-examined by Mr. Bolland.

Q. How long had you an opportunity of observing him?

A. Perhaps I might be in the room three or four minutes.

Q. During that time, was your attention called to him?

A. Yes, on account of the glorious news he said he had brought.

Q. It was a welcome face at Dover?

A. Yes, it was indeed, and that made me take more notice than I should have done.

A Juryman. Had he a cap on all the time you saw him?

A. No, he had not.

Mr. Park. It was only three or four minutes altogether?

A. I beg your pardon; I did not say it was only three or four minutes, I was asked whether it was three or four minutes, and I said I had no doubt it was.

A Juryman. Are you sure that is the man?

A. That is the gentleman that I saw there.

Lord Ellenborough. You have no doubt whatever?

A. No, I have none in the least.

Eliott Edis sworn.

Examined by Mr. Bolland.

Q. You are a cooper in the victualling yard at Dover, are you not?

A. Yes.

Q. Were you, on the morning of the 21st of February, at the Packet Boat?

A. Yes, I was.

Q. Was Mr. Gourley there with you?

A. Yes.

Q. Was your attention called to any thing particular on that morning?

A. Yes, a messenger arrived.

Q. Did you see the messenger?

A. Yes.

[Pg 72]

Q. Where did you first see him?

A. At the Ship.

Q. Was he in a room, or in the passage of the Ship, at the time?

A. In a room.

Q. At the time you first saw him, how was he occupied, what was he doing?

A. He was walking up and down the room.

Q. Did you make any observation on his dress?

A. He had a grey coat—his great coat.

Q. Did you observe the other coat that he had on?

A. He had regimentals; scarlet, trimmed with gold.

Q. Had they any other ornament on them?

A. I did not particularly take notice.

Q. Do you recollect how his head was dressed?

A. A cap, with a gold band about it.

Q. Will you look at that coat which lies there?

A. That is the color of it.

Q. How was the cap made?

A. A slouch cap.

Q. Where was the band?

A. Round it.

Q. Of what did the cap appear to be made?

A. It appeared to be made of a kind of rough beaver; I do not know whether it was black or brown.

Q. It had the appearance of rough beaver?

A. Yes.

Mr. Bolland. Will you now shew him the cap?

Mr. Park. I think it should be more described before it is shewn to him; this is a totally different description; this may be very material.

Mr. Bolland. Then I will not shew him the cap at all.—Had the cap any flap to it?

A. Rather a flap round, as I thought—all round.

[Pg 73]

Q. I ask you, whether the cap was cut off without any rim to it, or had it a rim like a hat?

A. No, it had not a rim like a hat by any means.

Q. Had you any conversation with him?

A. No.

Q. You say that at first he was walking about the room?

A. Yes.

Q. Did he employ himself in any other way while you were there?

A. I saw him before I went away sit down to write.

Q. Did you hear him order a pen, ink, and paper?

A. No, I did not.

Q. Did he, in your presence, say any thing as to whom he was writing to?

A. No, I could hear him talk, but not to understand him.

Q. That was owing to your deafness?

A. Yes.

Q. Did he keep his cap on the whole time you were there, or did he take it off?

A. His cap was on while I was there.

Q. From the observation you made upon his person, can you point out who that person was whom you saw on that night; have you seen him? look round and see whether you see him here to-day.

(The witness looked round the Court for some time.)

A. That is the gentleman (pointing to De Berenger.)

Q. Have you any doubt upon your mind about it.

A. No.

Cross-examined by Mr. Park.

Q. Had you ever seen him before that night?

A. No.

Q. Have you ever seen him since?

A. No.

Q. How long did you see him?

[Pg 74]

A. I did not minute the time.

Q. Upon the whole, how many minutes do you think you can now say you saw him that night?

A. I might see him perhaps five or six minutes, or more. I was in the room twice.

Q. Were you there before Mr. Gourley, or after him?

A. I was in the room with him.

Q. Did you go over before Mr. Gourley, or after him?

A. After him—I followed him.

Q. Immediately?

A. Yes.

Q. Did you come away as soon as he did, or did you remain there after him?

A. I did not take particular notice of that; the door was open, and we went in and out as we liked.

Q. Will you tell us whether the word you used before was, that he had a flat cap, or a flap cap—had it not a flap to it?

A. It was a cap rather slouched down, no brim to it.

Q. How could it slouch down, if it had no brim to it? I do not understand that; if it had merely a crown to it that would go round the head, it would not slouch down.

A. It was drawn over his forehead.

Q. The round part of it was drawn down over his forehead?

A. Yes.

Q. Where have you been all the time that gentleman has been speaking?

A. What gentleman?

Q. Were you out of Court?

A. No, I was not out of Court.

Q. You have been behind?

A. Yes.

Q. Have you been in view of his Lordship all the time?

A. No.

[Pg 75]

Q. When did you come into Court; did you come in when Mr. Gourley was examining, or when Marsh, the former witness, was examining?

A. No, I was out of Court at that time.

Q. Had you left the Ship Inn before this gentleman, as you say it was, had left the Ship Inn and gone back to the Packet Boat?

A. No, I saw him start off.

Re-examined by Mr. Bolland.

Q. Did you come into Court before you were called?

A. No.

Mr. Park. No, I give that up.

Lord Ellenborough. A deaf man is rather an awkward man to be an eaves dropper.

Mr. Park. I could not put so silly a question as that.

Lord Ellenborough. He is the very last man that one should suspect; he could not hear if he was in Court.

Mr. Park. If he had been as deaf as deaf could be, if he had seen a person point at the Defendant, that would have been sufficient for his purpose.

Lord Ellenborough. But you saw how he searched round the Court before he found him.

Mr. Park. But when I have a case presented to me I must do my duty, however painful it may be.

Lord Ellenborough. Certainly, it is my wish you should.

The Cap was shewn to the witness.

Mr. Bolland. Was the cap like that?

A. It was in the same form as that.

Q. Was the lace like that?

A. It was like that; I cannot say that was the cap.

[Pg 76] Mr. William St. John sworn.

Examined by Mr. Bolland.

Q. Where do you reside?

A. In Little Brook street.

Q. Were you at the Ship Inn at Dover, on the morning of the 21st of February?

A. I was.

Q. You were there as a guest—as a traveller?

A. I was.

Q. Was your attention called to any thing on that morning?

A. Yes, it was.

Q. Were you up in the morning, or had you retired to rest?

A. I had retired to rest.

Q. State to the Court what it was which excited your attention.

A. I think at a quarter past one, or somewhere thereabouts, I heard a violent knocking at the gate or door, and a person calling out for a post-chaise and four immediately. I got up and dressed myself as quickly as possible, and went down stairs. I met Mr. Wright, the landlord, and asked him——

Q. Do not state any thing that passed between you and Wright, unless the stranger was there.

A. I went into the coffee-room, I think it is called.

Q. Did you observe any body there?

A. I saw a gentleman in a military uniform.

Q. Will you state, if you recollect it, what his dress was?

A. He wore a scarlet coat, with long skirts, buttoned across, with a red silk sash, grey pantaloons, and a grey military great coat, and a seal-skin cap, I think it was a seal-skin cap, on his head, of a fawn colour.

Lord Ellenborough. You did not touch it to feel it, did you?

A. No; it had a gold band round it.

[Pg 77]

Mr. Bolland. Had he any ornament on his uniform?

A. There were some ornaments but I do not know what they were, something of a star on his military dress.

Q. How was he engaged at the time you first saw him?

A. He was walking up and down the room in a very good pace.

Q. Did any thing pass between you and him?

A. I asked a question.

Q. What question did you ask him?

A. I asked him about the arrival of a messenger, and he said, he knew nothing at all about it.

Q. What were the terms in which you asked him?

A. I asked him if he knew any thing of the arrival of Mr. Johnson, who was the Messenger expected.—He said, he knew nothing at all about him, and begged I would leave him to himself, as he was extremely ill. On my leaving the room, he requested that I would send in paper and pen and ink. I immediately retired, and met the landlord, Mr. Wright, coming into the room, I believe with the paper, pens and ink.

Q. Did you return into the room?

A. In a few minutes, I believe a few seconds afterwards, I did.

Q. How was he then occupied?

A. He was writing.

Q. Did he say any thing of what he was writing?

A. No.

Q. Did you afterwards hear him say any thing, or see him do any thing with the paper upon which he was writing?

A. No, I did not.

Q. Did you hear him say any thing to Mr. Wright?

A. No, I did not,—not in the room.

Q. Did you continue in the room during the whole time he was writing, or leave it?

[Pg 78]

A. I left it immediately.

Q. Did you again see him, and where?

A. At the door in the street, stepping into the carriage.

Q. Did you hear him say any thing there, or see him do any thing?

A. I asked him what the news was,—he told me it was as good as I could possibly wish.

Q. Did any thing more pass between you and him?

A. Nothing more.

Q. Did you see what he did with the paper upon which he was writing?

A. No, I did not.

Q. Did you hear any thing pass between him and any other persons?

A. No, I did not.

Q. Did you leave the place or did he go away first?

A. He went away first.

Q. Did any thing pass from that stranger or to him respecting the letter.

A. No, not that I heard.

Q. From the observation that you made upon that person, could you point him out?

A. Certainly.

Q. Look round the Court, and see whether he is here?

A. The gentleman is below me, (pointing to De Berenger,) this Gentlemen, who is writing here.

Q. Have you any doubt of it?

A. Not in the least.

Q. Had you seen him before that day?

A. This is the third time I ever saw him.—I saw him by accident in Westminster Hall, passing through the Hall.

Lord Ellenborough. Did you recollect him when you saw him there?

A. Immediately.

[Pg 79]

Mr. Bolland. By what accident was it that you saw him there?

A. I went down there.

Q. And there by chance saw him?

A. Yes.

Q. Were you desired by any body to go down?

A. A friend of mine asked me to go down. The fact is we were going to Newgate; having heard that he was gone to Westminster Hall, I went down there.

Q. Was he walking about the Hall, or where was he when you saw him?

A. I first saw him in the court.

Q. Was he alone, or were there other persons about him?

A. There were many persons about him.

Q. You have no doubt of the person?

A. I have no doubt.

Q. You recollect nothing of any letter?

A. No, I do not.

Cross examined by Mr. Richardson.

Q. You told my learned friend you had seen this person three times;—once at Dover, and to day, and another time; by accident that was so—was it?

A. It was.

Q. Did you go to Newgate by accident?

A. No, I did not, I went there accompanied by a friend to see him; it was mere by chance that I went down to Westminster Hall.

Q. Do you call that an accident in your vocabulary?

A. I had no intention of going there ten minutes before.

Q. You did not go with your friend for the purpose of looking at him?

A. I went alone, I went with a friend to Newgate.

Q. You did not go to Westminster Hall for the purpose of looking at him?

A. I did.

[Pg 80]

Q. Do you call that an accident?

A. No.

Q. Did you not follow him to Westminster Hall for the purpose of looking at him?

A. Yes.

Q. Who was the friend who went with you to Newgate?

A. Mr. Oakes of the Stock Exchange.

Q. That was the day you knew he was to come to Westminster Hall for the purpose of pleading to this indictment?

A. I did not know any such thing.

Q. Were not you so informed when you got to Newgate?

A. I was.

Q. And then you followed him to Westminster Hall, and saw him pleading to this indictment?

A. I saw him in Westminster Hall.

Q. Did you not hear the officer read the indictment to him?

A. I was not in the Court, I think I just had my head in the inside of the curtain.

Q. Did you not hear the officer read something to him, and ask him whether he was guilty or not guilty?

A. I heard the Officer read something.

Q. And ask De Berenger whether he was guilty or not?

A. I heard him ask some question, but not what it was.

Q. That person was standing up in Court, under the Officer?

A. He was.

Q. You were not resident at Dover, I think?

A. No, I was not.

Q. What is your business in London?

A. I have a situation in a public charity.

Q. What is that?

A. The Irish Charitable Society.

Q. Are you Secretary to that?

A. No, Accountant.

[Pg 81]

Q. Is that your only line of business?

A. Yes.

Q. Have you nothing to do with the Stock Exchange?

A. No.

Q. You never had?

A. I do not understand that question.

Q. Have you ever had any thing to do with the Stock Exchange?

A. I have had some transactions in the Stocks.

Q. Have you ever acted as a Broker?

A. No, never.

Q. Your transactions in the Stocks have been entirely on your own account?

A. Yes.

Q. Buying and selling Stock upon your own account?

A. The fact is, I held some Omnium.

Q. And sold it again?

A. Yes.

Q. About what time?

A. I bought it before that time.

Q. When was it sold?

A. Some days after this transaction.

Q. You were in this room twice, I think you said?

A. Yes.

Q. When you first went down, you did not find your company acceptable?

A. The gentleman begged I would leave him, and I did so.

Q. Upon your oath, how long were you in the room at that time?

A. Not more than a minute.

Q. It might be less; you went immediately on his requesting you?

A. Yes, as soon as possible.

Q. The second time, you stated to my learned friend, you left the room immediately after you went in,—how long were you then?

[Pg 82]

A. I suppose a minute; I went up to the table and back again.

Q. You did not see him do any thing, but write a letter?

A. No.

Q. Had he his great coat and cap on, all the time you were with him?

A. Yes, I did not see him without them.

Q. It was a slouch cap we have heard it described?

A. No, it was not; it was a cap without any leaf at all to it.

Q. Coming over the forehead?

A. No, it fitted the head tight, but had neither a leaf or any thing else to it.

Q. What might be your business at Dover at that time?

A. I went down for the purpose of getting information.

Q. Was that for the benefit of the Irish Charitable Society?

A. No, certainly not.

Q. If it is not impertinent, for whose benefit was it?

A. One purpose was to send information to a newspaper.

Q. Another purpose, to send information to whom?

A. If any thing happened, such as the arrival of the preliminaries of a treaty of peace, which was expected, I should have come to London immediately.

Q. You would have gone to the Stock Exchange with it?

A. No, I should not, I have no connexion with the Stock Exchange.

Q. Upon your oath, you would not have communicated it to the Stock Exchange?

A. I should not.

Q. It was by Mr. Oakes's desire, you say, that you went to Newgate,—was it by his desire you went to Dover?

A. It was not.

Q. Did he know of your going to Dover?

A. He did not.

Q. By whose desire did you go down?

A. By desire of a friend of a mine.

[Pg 83]

Q. Who was that person?

A. He was a friend of mine.

Q. What was his name?

Lord Ellenborough. There is no objection to your telling it.

Mr. Richardson. Have you any doubt of it in your memory?

A. No.

Q. At whose desire did you go down?

A. Mr. Farrell.

Q. Who is Mr. Farrell?

A. He is a Merchant.

Q. A Merchant in the City of London?

A. Yes he is.

Q. Has he any thing to do with the newspaper you have spoken of?

A. Yes he has, he is a proprietor of it.

Q. What is the name of it?

A. The Traveller.

Q. Where does Mr. Farrell live?

A. In Austin Friars.

Q. What day did you go to Dover?

A. I went on the Saturday.

Q. That was the very day before?

A. Yes.

Q. For the purpose of getting any intelligence that might arrive and to communicate it immediately to Mr. Farrell?

A. Yes, or Mr. Quin, the other proprietor of the newspaper.

Q. You told me just now, your object was to get information, partly for the newspaper;—what was the other object?

A. I do not recollect having said partly.

Q. I am in the recollection of the gentlemen of the Jury, whether you did not say so.

A Juryman. You said one object was that.

[Pg 84]

Mr. Richardson. What other object had you?

A. That was the only distinct object I had.

Q. Then you meant that you had no other object but that?

A. If there had been a preliminary Treaty of Peace arrived, I should have returned to London, and of course I would have made what I possibly could of the little Omnium I held.

Q. That was the other object?

A. Yes.

Q. All information of slighter importance you would have communicated to Mr. Farrell, who sent you; if it had been very important, you would have come to London and sold your omnium?

A. Certainly.

Re-examined by Mr. Bolland.

Q. At the time you saw that person in Westminster Hall, I think you told me he was standing with a number of others?

A. He was.

Q. Did any person point out that person to you?

A. No.

Q. Was it from the recollection of your own mind, that you discovered him?

A. It was.

Q. Do you know a boy of the name of Ions?

A. No. I do not know him by name.

William Ions was called into Court.

Mr. Bolland (to St. John.) Do you know that boy?

A. Yes.

Q. He is one of Wright's boys?

A. He is.

Q. Did you see him on that night.

A. I did.

[Pg 85]

Q. Upon what occasion?

A. He was sent as an express, there were two expresses that night, he went with one of them.

Q. To whom was that lad sent?

A. I think to the Port Admiral at Deal.

Q. Whose express was that?

A. It was an express I believe that Mr. Wright gave him from the gentleman who was there.

Q. Do you mean from that gentleman?

A. Yes.

William Ions sworn.

Examined by Mr. Gurney.

Q. In the month of February last were you in the service of Mr. Wright of Dover.

A. Yes.

Q. Were you up when the officer arrived there, or were you called up?

A. I was called up.

Q. Were you sent off with an express to Admiral Foley?

A. Yes.

Q. Did you take to the Admiral's the letter you received there?

A. Yes, I did.

Cross-examined by Mr. Richardson.

Q. Who gave you the letter that you speak of?

A. Mr. Wright.

Q. He gave you some letters to carry to Admiral Foley?

A. Yes.

Q. Where did he give it you?

A. I was at the fore-door upon the pony, and he came out to the door to me with the letter.

[Pg 86]

Q. To whom did you deliver it?

A. To the Admiral's Servant.

Q. At Deal?

A. Yes.

Q. What is her name?

A. I do not know, she took it up stairs to the Admiral directly?

Q. You did not see the Admiral?

A. I saw him that night.

Q. Do you mean before you left Deal?

A. Yes.

Q. This letter you delivered to some servant at the door?

A. Yes.

Q. And she carried it up stairs?

A. Yes.

Re-examined by Mr. Gurney.

Q. After she had delivered it up stairs you saw the Admiral?

A. Yes.

Admiral Thomas Foley sworn.

Examined by Mr. Gurney.

Q. On the morning of Monday the 21st of February did you receive a letter by that boy?

A. A letter was brought to me that that boy brought to the house, and given to me, I was in bed.

Mr. Park. You did not receive it from the hand of that boy?

A. No, it was brought to me by my maid-servant at three o'clock in the morning, I was in bed.

Q. Did you get up immediately?

A. I read the letter in bed.

Q. Is that the letter? (shewing a letter to the witness.)

A. This is the letter.

[Pg 87]

Q. Did you mark it before you parted with it?

A. I do not know whether I marked it or not.

Q. You know it again.

A. I inclosed it in a letter but I did not mark it.

Q. You inclosed it in a letter to Mr. Croker?

A. Yes a private letter to Mr. Croker.

Q. Is that the letter in which you inclosed it to Mr. Croker (shewing a letter to the witness.)

A. This is the letter.

Q. That letter which I first shewed you is the letter you received from your maid servant?

A. It is.

Q. I suppose you rose directly?

A. I rose and sent for the boy into my dressing room.

Q. Did you communicate the news by telegraph to the admiralty that morning.

A. It was very late before I began, I will tell you what I did, I questioned the boy a good deal, for I must say I did not believe the letter.

Q. I must not ask you what passed between you and the boy, but whether you telegraphed the admiralty?

A. I did not, because the weather was thick, and I further say, the message I should have sent to the admiralty would have satisfied them—

Q. In fact you did not telegraph the admiralty because the weather was too thick?

A. I did not.

Q. When you sent for the boy up had you the letter in your hand?

A. I had, it was then three o'clock and dark, the telegraph would not move.

Q. I take for granted you had a candle?

A. Of course.

Mr. Gurney. We will now read the letter.

[Pg 88]

Mr. Park. I object, with great deference to his Lordship, to that letter being read, the evidence does not bring home that to the supposed officer, who is said to be Mr. De Berenger, it does not appear from any evidence to have come out of his hand it reaches this boy by the communication of Mr. Wright, who has not been called.

Mr. Gurney. I will ask the witness as to the reason of Mr. Wright's not being here—he is very ill, is not he?

A. He is extremely ill.

Mr. Park. My Lord, that does not alter the law of evidence, I submit there is a chasm in that chain that precludes their reading the letter as evidence against Mr. De Berenger. I do not mean to say that might not be supplied in the absence of Mr. Wright, but that letter lying before your Lordship's Officer is not identified to be the very paper which issued forth from this supposed person. It was delivered to this youth at the door of the inn by Wright, who is ill and absent from illness, he is not present to tell your Lordship from whom he received that, and there is a chasm in the chain of evidence, nor does the Admiral say he received the letter from this boy, he received it from a maid servant.

Lord Ellenborough (to Admiral Foley.) When the boy came into your presence I suppose you asked him about this letter?

A. I did.

Q. Did he recognize that as the letter he had brought?

A. He did.

Mr. Park. With deference to your Lordship I should submit the letter was then open, the boy had delivered the letter shut to the maid servant, and I should have submitted, it is quite impossible that this youth could distinguish the letter, nobody doubts it is the letter, but that must be proved by legal evidence.

Lord Ellenborough. It is prima facie evidence. I do not speak now of the communication from De Berenger [Pg 89](supposing he is the person) of the letter to the boy. I do not say any thing upon that objection of yours, but that the letter which reached Admiral Foley was the letter the boy brought I think no human being can doubt.

Mr. Park. But still upon the original point, I submit it is not so proved as to be read in evidence.

Lord Ellenborough. Yes, you may resort to that if you please, the witness said he wanted an express horse to send to the Admiral at Deal, and then an express horse was got, and something was carried to the Admiral at Deal. That is the evidence as it stands.

Mr. Serjeant Best. So far the evidence goes my Lord, they now want to make the contents of that letter evidence, but before they can do that they must either prove that letter to be the hand-writing of Mr. De Berenger, or trace that Letter regularly from the hand of Mr. De Berenger: they have no such evidence, but all they say is, that Wright, the Landlord of the inn, took the letter out of the inn and delivered it to the boy at the door, the boy never having seen Mr. De Berenger, nor they having the smallest evidence whatever to connect the boy with him.

Lord Ellenborough. If there had been, the question would not have arisen.

Mr. Serjeant Best. I submit there is nothing to connect that letter with this person, and if it is the hand-writing of Mr. De Berenger I should think they would have no difficulty in proving that, there were other gentlemen waiting for information from France, as we hear from the witnesses, and if this letter is read Mr. De Berenger and the other Defendants may be made responsible for that letter which may have been written by one of those other persons.

Lord Ellenborough. I only want to get first all the facts relating to this letter. I cannot find any thing beyond that that he wanted an express horse to send to the Admiral at Deal.

Mr. Gurney. And that a sheet of paper was brought to him to write.

[Pg 90]

Lord Ellenborough. That he was preparing to write a letter and that he wanted an express horse to carry it, but as to the immediate identification of that letter you lose the intervening proof by the absence of Mr. Wright.

Mr. Gurney. My Lord, if there is any sort of difficulty about it, I will identify it at once by proving the hand-writing, but the Gentleman to prove that felt a delicacy in consequence of his being the Attorney for the prosecution.

Germain Lavie, Esq. sworn.

Examined by Mr. Gurney.

Q. You are the Attorney for the prosecution?

A. Yes.

Q. Did you see Mr. De Berenger in the custody of the messenger, in the course of the month of April?

A. Several times.

Q. In the course of those interviews did you see him write?

A. I did.

Q. Did you see him write a good deal?

A. Yes, a considerable deal, I saw a whole letter which he handed me across when he had written it, and it was given back and copied again, and for about an hour he was writing different things and handing backwards and forwards.

Q. Did you also see his papers in his writing desk?

A. I did.

Q. From the observation you made upon his writing, seeing him writing as you did at those several interviews, do you or do you not believe that to be his hand-writing?

A. I verily believe it to be his hand-writing from what I saw him write, but I am more impressed with its being his hand-writing, or at least the impression of its being his hand-writing is strengthened by what I saw of his writing.

Q. Do you believe, from what you saw him write, that that is his hand-writing.

[Pg 91]

A. Yes I do most solemnly, I did not see the letter till afterwards, and the moment I saw it, I concluded that to be his hand writing, and said so at the time.

Mr. Park. What you said at the time is no evidence, and you know that.

Mr. Gurney. Did your observation of it enable you to say you believed it to be his hand writing?

A. I have said so.

Mr. Park. You know as well as any man, that what you said to any body is no evidence.

Lord Ellenborough. It is a measure strongly indicative of his persuasion, it is an act accompanying his seeing it.

Mr. Gurney. Does Mr. De Berenger always write as large as that, or does he write a hand as large as that, and a smaller one also?

A. His usual hand is a good deal smaller than this.

Q. Did you find him sometimes writing larger than at other times?

A. Yes, there was apparently in his letters a larger hand in writing, I could positively swear that the man who wrote those I saw, wrote this, only one was larger than the other.

Cross examined by Mr. Park.

Q. You told my learned Friend just now, that you formed your mind not only from what you saw him write, but from what you saw in his writing desk?

A. That confirmed my mind.

Q. Upon your oath, if you had not seen those writings in his Desk, would you have taken upon yourself to swear that it was his hand writing?

A. I think I should, but that makes it much stronger in my mind.

Q. I ask you again and will have a positive answer to the question, if you had never seen those other writings to which you have alluded, would you upon the mere circumstance of [Pg 92]having seen him write, have taken upon you to swear that you believed that to be his hand writing?

A. I could have sworn it not quite so strongly, I could have sworn to my verily believing it, but I can now swear without the least doubt that it is his.

Q. That is because I have examined you perhaps?

A. No it is not.

Q. You verily believe that to be his writing, do you?

A. Yes.

Q. Look at that and tell me whether you believe that to be his hand writing, (shewing a letter to the witness) you need not open it, I have shut it for the purpose.

A. Yes I do, that is more like what I saw him write than this; I believe that to be his hand writing.

Mr. Park. I will put a letter A upon it; will you be so good as to look at that account, (shewing it to the witness) and tell me whether you believe that to be his hand writing.

A. I can only say this is the sort of hand he writes.

Q. Will you swear that is his hand writing.

A. That appears to me to be the same sort of hand.

Mr. Park. I will mark this B. They are very much alike.

A. They are more like the sized hand he writes in common than this, this is a larger hand.

Mr. Serjeant Best. Do you believe these to be Mr. De Berenger's hand writing? (shewing three papers to the witness).

A. They are all like his hand writing.

Lord Ellenborough. I think this should be kept for your case—I never saw any thing like this in my life.

Mr. Gurney. I take for granted these are meant to be produced in the defence?

Lord Ellenborough. You must be conscious that you are doing an irregular thing in tendering them now.

Mr. Park. I am not conscious my Lord, of doing an irregular thing.

Lord Ellenborough. I mean in tendering evidence at a time when it is not open to the Defendant to do so.

[Pg 93]

Mr. Park. But I may try the credit of the Witness by shewing him these.

Lord Ellenborough. There is no doubt that every Defendant has a right to give evidence in his turn, but at present we are upon the case of the prosecution.

Mr. Park. Have you not shewn that Letter to various other persons in order to procure their testimony to the hand writing?

A. No, I have not.

Q. You have not attempted it?

A. I was always conscious that I should be able to prove the Letter, but this morning finding Mr. Wright was not come up, I asked them if they had any body at hand that could prove it, so as to avoid being called myself; but I believe I must be called at last to the examination of the papers, so that it is not so important my being called sooner or later.

Q. Have you attempted to get other evidence?

A. I have not.

Q. Was Mr. Stevens applied to?

A. Before the Grand Jury, Mr. Stevens was not only applied to, but attended.—Mr. Lees also, of the Bank of England had ascertained before I had any thing to do with the business——

Mr. Park. That is not my question.

Lord Ellenborough. Put your question distinctly.

Mr. Park. I ask whether Mr. Lavie had not applied to various persons to swear to De Berenger's hand writing, and finding that they would not swear to it, then he determined to swear to it himself?

A. No, I have not.

Mr. Gurney. You say you did apply to Mr. Lees of the Bank, and Mr. Stevens?

A. Yes.

Q. Mr. Lees is the Inspector at the Bank?

A. He is.

[Pg 94]The Letter was read as follows:

Mr. Serjeant Best. Your Lordship will allow me to explain. I did not ask these questions of Mr. Lavie, with a view to offer hand writing against hand writing, but to prove these Papers that I mean to offer in evidence.

Lord Ellenborough. They should be proved in your case; I know by mutual consent they are sometimes proved by a Witness for the Prosecution, and I did not interfere in the first instance, but when I saw it multiplying, I thought it necessary to interfere.

[Pg 95]Thomas Dennis Sworn.

Examined by Mr. Adolphus.

Q. Are you the driver of a post chaise in the service of Mr. Wright, at the Ship at Dover?

A. Yes.

Q. Early in the morning of the 21st of February, do you remember taking a fare from thence?

A. Yes, I drove the chaise.

Q. With how many horses?

A. Four.

Q. Where did you drive it to?

A. To Canterbury.

Q. To what Inn?

A. To the Fountain.

Q. What sort of person was it that you drove?

A. I cannot say.

Q. Was it one person, or more than one?

A. Only one.

Q. A man or a woman?

A. A man.

Q. Was it dark?

A. Yes.

Q. Could you see how he was dressed?

A. No.

Q. Had you the Wheel horse, or the leaders?

A. The leaders.

Q. When you put the person down whom you had driven, what did he give you?

A. He gave me a gold Napoleon.

Q. Did he give you only?

A. He gave us one a piece.

Q. What became of those Napoleons?

A. I sold mine.

[Pg 96]

Q. What did you get for it?

A. I got a one pound note for mine.

Q. Do you know the name of the lad at Canterbury that took him after you?

A. Yes.

Q. What is his name?

A. Broad.

Q. Who was the other?

A. Thomas Daly.

Cross Examined by Mr. Richardson.

Q. Did you see Broad and Daly set off with the chaise from Canterbury?

A. Yes.

Q. It was a very dark night, was not it?

A. Yes.

Q. An hazy misty night?

A. Yes.

Q. A dark foggy night?

A. Yes.

Q. How do you remember the day this happened, from Dover you are in the habit of carrying persons in chaises and four to Canterbury frequently?

A. Yes.

Q. Day and night?

A. Yes.

Q. The carrying a gentleman in a chaise and four to Canterbury was nothing extraordinary?

A. No.

Q. How came you to remember this particular day?

A. I do not know.

Q. Upon your oath, might it not have been the 20th or the 22nd?

A. I cannot say indeed.

[Pg 97]

Q. Have you not heard other people say it was the 21st that this extraordinary affair happened?

A. No, I have not.

Q. You have not heard it talked of at all?

A. No.

Q. For aught you know it might be the 20th or the 22nd?

A. I cannot say.

Re-examined by Mr. Adolphus.

Q. Do you remember what day of the week it was?

A. No.

Q. Do persons often give you a Napoleon for driving them?

A. No, I never had one before.

Q. You do not remember the day of the week?

A. No, I do not.

Edward Broad sworn.

Examined by Mr. Adolphus.

Q. Are you a driver of a chaise at the Fountain at Canterbury?

A. Yes.

Q. Do you remember the last witness coming to your house with a fare early in a morning in February.

A. Yes.

Q. Do you remember what day it was?

A. No, I do not.

Q. Do you remember what day of the week it was?

A. No, I do not.

Q. Was it one gentleman you particularly remember, or more?

A. One gentleman.

Q. From whence did he come?

A. From the Ship at Dover.

[Pg 98]

Q. Did you drive the wheel horses or the leaders?

A. The leaders.

Q. He came with four horses?

A. Yes.

Q. And went away with four?

A. Yes.

Q. Where did you drive him to?

A. To the Rose at Sittingbourn.

Q. Did you see him into a chaise there?

A. He did not get out—the chaise went forwards.

Q. With four horses or two?

A. With four.

Q. Who drove him, do you remember the boys names?

A. Michael Finnis was one, and James Wakefield.

Q. What present did he make you?

A. I did not receive any money from him; the other boy received the money.

Q. What had you for your share?

Mr. Park. That cannot be received unless he saw it given.

Mr. Adolphus. Did you see the money given?

A. I was very busy taking the horses off.

Q. What had you for your share?

A. A Napoleon.

Cross-examined by Mr. Park.

Q. Have you long lived at the Fountain at Canterbury?

A. Yes.

Q. Have you long known Thomas Dennis?

A. Yes, some years.

Q. Have you never driven a fare he brought from Dover before?

A. Not particularly to my knowledge.

Q. Your knowledge has been called to this subject, but you do not know that you ever drove one that he brought before?

[Pg 99]

A. I might have driven one, but he brought this I know.

Q. You might have driven a fare brought by him from Dover?

A. I might, there are a great many boys from that Inn.

Q. And you have driven a single gentleman before?

A. Yes.

Q. And sometimes you have driven a chaise and four?

A. Yes.

Re-examined by Mr. Adolphus.

Q. Did you ever receive a Napoleon before?

Mr. Park. He did not receive it from that person.

Lord Ellenborough. Did all these circumstances ever concur in any other case. Did you ever drive so early in the morning a single gentleman in a chaise and four, and receive a Napoleon from him?

A. No, I never did.

Michael Finnis sworn.

Examined by Mr. Adolphus.

Q. Are you a post-chaise driver at the Rose at Sittingbourn?

A. Yes.

Q. Do you remember the last witness bringing a gentleman in a post-chaise to your house?

A. Yes.

Q. In the month of February?

A. I did not take particular notice of the time.

Q. Was it early in the morning?

A. Yes.

Q. In a chaise and four?

A. Yes.

Q. At what o'clock in the morning might it be?

A. It might be somewhere about four, or between four and five I believe. I did not take particular notice, for I had no watch with me, it was dark.

[Pg 100]

Q. Where did you drive him to?

A. I drove him to the Crown at Rochester.

Q. That is Mr. Wright's house?

A. Yes.

Q. At what time in the morning might it be when you got to Rochester?

A. I cannot say, we were not much above an hour going with the gentleman—it might be an hour and ten minutes at the outside.

Q. Did the gentleman get out there?

A. Yes, he did.

Q. What present did he make you?

A. He gave us a Napoleon a piece; he gave me two, one for my fellow-servant and one for myself.

Lord Ellenborough. You had no opportunity of seeing his person?

A. I did just see him in the house when he paid me, but I did not take any particular notice of him.

Lord Ellenborough. He had no luggage, had he?

A. I do not know.

Lord Ellenborough. I thought he had changed chaise?

Mr. Park. No, he did not change chaise, only got out and in again.

A Juryman. Did you observe his dress?

A. He had a kind of a pepper and salt coat on, and a red coat under that I perceived, and a cap he had on.

Mr. William Wright sworn.

Examined by Mr. Adolphus.

Q. You keep the Crown Inn at Rochester?

A. Yes.

Q. Do you remember a chaise from Sittingbourn arriving at your house on the morning of the 21st of February?

A. Yes.

[Pg 101]

Q. A chaise and four?

A. Yes.

Mr. Park. I request that the questions may not be put so leading as to fix the day, for not one witness has proved it.

Mr. Adolphus. Have you any particular reason for remembering that day?

A. Yes.

Q. What sort of a person was it that came in the chaise?

A. It was a tall person rather thin than otherwise.

Q. Dressed how?

A. He was dressed in a pepper and salt great coat, with a scarlet coat under it, a Military scarlet coat; the upper coat was nearer the color of that coat I think than any thing I could state, (pointing to the coat before produced), the scarlet Military coat he had under that was very much trimmed with gold lace, it appeared by the candle light to be gold lace trimmed down the front; he had on also a cap, a Military cap with a broad gold lace round it—a band.

Q. What was the cap apparently made of?

A. The cap appeared to me to be made of cloth; I am not certain whether it was of cloth or fur, but it appeared to be nearly of the color of the great coat.

Q. Was there any thing particular about his Military coat?

A. On the Military coat was a star, and something suspended either from the neck or the button, I do not know which, something which he told me was some honor of a Military order of Russia.

Q. Was that thing at all like this? (shewing the star to the witness.)

A. Yes, it had very much the appearance of that sort of thing.

Q. Did the person stay any time at your house?

A. I should suppose I was in conversation with him about ten minutes in the parlour.

[Pg 102]

Lord Ellenborough. At what time in the morning was this?

A. The time the chaise drove into the yard I suppose was about half-past 5 o'clock; it was not earlier than that, and I suppose very little later.

Mr. Adolphus. What were you and he doing during these ten minutes?

A. I was getting some chicken for him, and cutting that chicken up and some round of beef.

Q. In what room were you?

A. In our bar parlour; I took him there, the house not being open, that being warmer than the rest of the rooms.

Q. What passed in that conversation you had with him?

A. I was first of all called up by a post-boy of my brother's at Dover, he told me he was to go forward with some letter to London, and that there was a Messenger.

Q. You must not state what passed with your brother's boy, but in consequence of what that boy told you what did you say to the gentleman?

A. I went into the yard and found the gentleman looking out at the front window of the chaise and he said he was very hungry, and could he have any thing to eat, for he had had nothing since he left Calais; I told him that he could get any thing he pleased, and should I bring him any thing by way of a sandwich, as I supposed he would not get out of the chaise, he said he would get out, and he did get out, and I took him into our bar parlour; when he got there I said "I am led to suppose you are the bearer of some very good news for this Country," he said he was, that the business was all done, that the thing was settled. I asked him if I might be allowed to ask him, what was the nature of his dispatches, and he said "he is dead!" I said "who do you mean Sir?" He said "The Tyrant Bonaparte!" or words to that effect; I believe those were the exact words. I said "is that really true Sir?" [Pg 103]Upon that observation he said, "if you doubt my word you had better not ask me any more questions." I then made an apology for presuming to doubt his word, and requested he would be kind enough to say, as the Country was very anxious, and our town in particular, what were the dispatches; he then went on that there had been a very general battle between the French and the whole of the Allied Powers, commanded by Schwartzenberg in person; that the French had been completely defeated and Bonaparte had fled for safety. That he had been overtaken at a village, to the best of my recollection he said it was Rushaw, six leagues from Paris, by the Cossacks, to the best of my recollection that was the name of the place and the distance. That the Cossacks had there come up with him, and that they had literally torn him into pieces. That he had come from the field of battle from the Emperor Alexander himself; that he either was an Aid-de-Camp of the Emperor or of one of his principal Generals he told me, but which I am not able to say, but one I know he told me was the case, that the Allies were invited by the Parisians to Paris, and the Bourbons to the throne of France, that was pretty well all the conversation that passed. He eat very little, if he did any thing, he said he was very cold; I asked him if he would take any brandy, he said no he would not, for he had some wine in the carriage. He enquired what he had to pay, I told him what he had had had been in so uncomfortable a manner, that I should not wish to take any thing for what he had had. He did not accept of that, he threw down a Napoleon on the table and desired me to take that for what he had himself taken, and to give the servants something out of it; he meant the whole of the servants, for when he got into the chaise the ostler asked him for something, and he said he had left something with his master.

Q. Did he go away in the chaise that brought him, or in another chaise?

[Pg 104]

A. In the same chaise.

Q. With four horses?

A. Yes, with four horses.

Q. What were the names of the lads that drove him?

A. James Overy and Thomas Todd, I believe were the boys. I am not quite positive as to the names of the boys.

Q. Should you know the person again that you saw that morning if you were to see him?

A. I think I should, he was very much disguised at that time.

Q. Look about, and tell me whether you see him any where?

A. I do not immediately see any face that I should know again, that I at this moment recollect.

Q. Look with care round about?

A. That is the gentleman, (pointing to De Berenger.)

Q. Do you believe that to be the person?

A. Yes, I do think that is the person—really when I see the face it is the same.

Q. Looking again, have you any doubt of it?

A. I think I can swear that is the gentleman. I have no doubt of it—that certainly is the gentleman.

Cross Examined by Mr. Richardson.

Q. Had you ever seen the gentleman before?

A. No.

Q. Nor since?

A. No not till to-day, not to my knowledge.

Q. The first thing he said was that he was very hungry; and you went to get him something to eat?

A. Yes; and he got out of the chaise, and I got him something. We crossed the yard together.

Q. During all the time you were with him he was getting something to eat?

A. No; he was sitting in the room part of the time.

[Pg 105]

Q. You were busy getting him something at the time?

A. He was standing while I was getting it, and then he sat down; I staid to wait upon him.

Q. What was the whole length of the time you were with him?

A. I suppose ten minutes.

Q. The greatest part of that time he was eating, was not he?

A. The greatest part of the time he was talking; I do not think he ate any thing; he took a knife and fork in his hand but I do not believe he ate any thing.

A Juryman. Did you observe any thing particular in his dress?

A. He was dressed pretty much in the way I have described; he had one part of his dress I have not mentioned, which was a large white cockade hanging down very dirty, as if it had been a long time worn.

Lord Ellenborough. Had you any conversation with him about his communicating this intelligence in any public quarter; or did you give him any advice upon that?

A. No I did not. When he went away I gave him a card of the road, and requested his favors when he should come that way again; and he bowed, as if assenting.

Q. You have not seen him since?

A. No I have not.

A Juryman. Had he his cap on?

A. Yes he had it on the whole of the time I believe. I have got the Napoleon in my pocket that the gentleman gave me.

The Witness produced it.

A Juryman. What did you say was the color of the cap he had on?

A. I think it was very near the color if not the color of the great coat, to the best of my recollection, looking at it by candle light.

[Pg 106]

Lord Ellenborough. From the circumstances of his appearance, looking at that person before you, you have no doubt?

A. I have no doubt of it; I can swear to that gentleman, though I have never seen him since.

James Overy sworn.

Examined by Mr. Adolphus.

Q. Did you take up a person at your master's house at Rochester?

A. Yes.

Q. Do you recollect on what day it was?

A. On a Monday.

Q. Can you recollect the day of the month?

A. No I cannot.

Q. Where did you drive him to?

A. I drove him to Dartford.

Q. How was he dressed?

A. He appeared to have a great coat on.

Q. What house at Dartford did you drive to?

A. The Granby.

Q. What kind of a coat had he on?

A. A grey mixture coat it appeared to be.

Q. Did you see any other part of his dress?

A. Yes, a red coat, like an aid de camp's, it appeared to be.

Q. Describe the coat, was it adorned with any thing?

A. He had a star very full indeed.

Q. Did you see any thing else?

A. There was something about his neck hanging.

Q. What had he upon his head?

A. He had a cap with a bit of white ribband run through the cap.

Lord Ellenborough. How was that ribband, in the shape of a cockade?

A. No it was not.

[Pg 107]

Mr. Adolphus. What sort of a cap was it?

A. A cap such as officers wear, with a gold lace band round it.

Q. Was it day-light when you left him at Dartford?

A. Yes; it was about ten minutes before seven when we came to Dartford with him.

Q. Was it then day-light?

A. Yes it was day-light about two miles before we came to Dartford.

Q. Did you see the person sufficiently to think you should know him again?

A. I do not know that I should.

Q. What did he give you at parting?

A. He gave us two Napoleons, and paid me for the Dartford horses and for our horses too; he paid me one £5. note and a shilling for the Dartford horses, and the Rochester horses too, and the turnpikes.

Q. He gave you and the other lad a Napoleon a-piece?

A. Yes he did.

Q. Who took him up at Dartford?

A. Thomas Shilling and Charles Ward.

Cross Examined by Mr. Park.

Q. What was the color of his cap?

A. I did not take notice of it.

Q. There was a white ribband stuck through it?

A. Yes.

Q. You took so much notice of it you said it was like an officer's cap?

A. Yes.

Q. How do you describe an officer's cap, are there not different sorts of officers caps?

A. I have seen what they wear when they are not in their regimentals, those they wear in a morning, this was such a cap as they generally wear in a morning, not what they wear with their regimentals in the day-time.

[Pg 108]

Q. It slouched down I suppose?

A. Yes.

Q. There is a something comes down to shade the eyes?

A. Not on that.

Q. How does it slouch then?

A. A kind of a turn down, a little way turned down.

Q. What was a little way turned down?

A. The cap.

Q. What part of the cap, in the front, or where?

A. In the front.

Q. Did you observe what color it was?

A. No I did not.

Q. Whether it was a dark brown?

A. I did not take any notice of the color.

William Tozer sworn.

Examined by Mr. Adolphus.

Q. You are an innkeeper at Dartford?

A. Yes.

Q. What is your sign?

A. The Crown and Anchor.

Q. Do you remember on any particular day James Overy bringing a fare to any other house in your town?

A. Yes.

Q. What day was it?

A. About the 21st of February.

Q. What day in the week?

A. Monday morning.

Q. What sort of person was it you took notice of?

A. The person that I took notice of was sitting in the chaise.

Q. Did you speak to him?

A. I did.

[Pg 109]

Q. What passed between you?

A. I was informed——

Q. Tell us what you told him?

A. In the first place, I made my obedience to the gentleman in the chaise, hoping that he had brought us some good news.

Q. You said so?

A. Yes.

Q. What did the gentleman say?

A. He said he had, and that it was all over; that the Allies had actually entered Paris; that Bonaparte was dead, destroyed by the Cossacks, and literally torn in pieces, and that we might expect a speedy peace.

Q. Did he tell you any thing more?

A. No; during the conversation I saw him give James Overy two gold pieces, which afterwards proved to be French pieces, I had them in my hand.

Q. Do you know the name of them?

A. I cannot say that I do; there was ten francs or something on them.

Q. Did you see enough of the person with whom you conversed in the chaise to think that you should know him again?

A. I am positive I should.

Q. Look round and see whether you see him here?

The Witness looked round.

A. I cannot see him; he is not round here; I cannot say that I am positive.

Q. You do not see him?

A. No I cannot say that I do.

Q. Look from here to the end of the row?

A. No I cannot say that I am positive.

Q. Do you know the boys who drove the Baron away?

A. Yes, Shilling and ——.

[Pg 110]

Mr. Gurney. Before Shilling comes in, and when what I say is not heard by him, I must say that the person to be identified should hold his head so as to be seen.

Mr. Park. And so he did. I desired Mr. De Berenger to hold his head gently up, and he did it immediately.

Lord Ellenborough. The questions might go much nearer; the witnesses might be asked if that be the person: it is done always at the Old Bailey in cases of life and death, where the prisoner stands in a conspicuous situation—it is less strong in that case; but to be sure when it is proved in the way it has been, it can be of very little consequence.

Thomas Shilling sworn.

Examined by Mr. Adolphus.

Q. You are a chaise-driver at Dartford?

A. Yes.

Q. Do you remember on a particular day taking up a gentleman who came in a chaise and four to Dartford?

A. Yes.

Q. What day was that?

A. I do not rightly know the day, but I believe it was on the 21st of February.

Q. What day of the week?

A. On a Monday.

Q. Had you a pair of horses?

A. Yes.

Q. Upon your ride to London, did the gentleman say any thing to you?

A. Yes, he discoursed with me a good deal.

Q. Who first spoke to him in your hearing?

A. The first man that spoke to him in my hearing that I took any notice of, was the waiter.

Q. The waiter at your inn at Dartford?

A. Yes.

[Pg 111]

Q. What was the sign of your house?

A. The Granby at Dartford.

Q. What passed between him and the waiter?

A. The waiter asked him whether he had brought any good news; the gentleman said, yes, it was all over; Bonaparte was dead; he said he was torn in a thousand pieces; and the Cossacks fought for a share of him all the same as if they had been fighting for sharing out gold, and the Allies were in Paris; then we were ordered to go on.

Q. How far had you gone before this gentleman spoke to you?

A. To Bexley Heath, about two miles and a half.

Q. Had he before that said any thing to you about driving?

A. Not that I heard.

Q. When he came to Bexley Heath what did he say to you?

A. He told me not to hurry my horses, for his business was not so particular now, since the telegraph could not work he thought.

Q. Were you in sight of a telegraph then?

A. No.

Q. What sort of a morning was it?

A. Rather a thick morning; very frosty.

Lord Ellenborough. Did it appear to you to be so thick a morning that the telegraphs could not work?

A. It did.

Mr. Adolphus. What did you say to him?

A. I told him I thought the telegraphs could not work, for I knew almost every telegraph between Deal and London. He then said, Post-boy, don't take any notice of the news as you go along; I told him I would not unless he wished; he said I might tell any of my friends as I returned, for he dar'st to say they would be glad to hear it. He then said that he had sent a letter to the Port-Admiral at [Pg 112]Deal, for he was ordered to do so, or he was obliged to do so, I will not be certain which.

Lord Ellenborough. You are sure he said so?

A. I am sure he said so. He said that he had to walk two miles after he came ashore before he got to the Ship at Dover. He said the Frenchmen were afraid of coming so near to Dover, for fear of being stopped, the Frenchmen that brought him; then we drove on till we came to Shooter's Hill.

Mr. Adolphus. Did he tell you why he had sent to the Port-Admiral at Deal?

A. To have the telegraphs worked, that he said was the reason.

Q. Did any thing further pass between you at the time?

A. Not any thing that I recollect.

Q. Had you any subsequent conversation at any other part of the stage?

A. Not till I got to Shooter's Hill; when I came there I alighted from my horse, and so did my fellow-servant; the gentleman then looked out of the window, and gave us part of a bottle of wine; he said we might drink that, because he was afraid the bottle should break, and some cakes with it.

Q. What sort of cakes?

A. Little round cakes; I chucked the bottle away, and handed the glass again into the chaise; he told me I might keep it, that I might have it. He then said, "Post-boy, you have had a great deal of snow here, I understand?" I said, "Yes, Sir, we have." He then said, "Here is a delightful morning, post-boy; I have not seen old England a long while before." Then he asked me, "which was the first hackney coach stand?" I told him, at the Bricklayer's Arms, was the first.

Q. Did he say why he asked that question?

A. Not a word; he said that would not do, for that was too public; he was afraid some body would cast some [Pg 113]reflections, and he should not like that. I told him, I did not think any body would do that, that they would be so glad to hear of the news. Then he asked me, if there was not a hackney coach stand in Lambeth Road? I told him yes. Then he said, "Drive me there, post-boy, for your chaise will go faster than a hackney coach will, and so you may drive me there." I drove him to the Lambeth Road, and when I came there, there was no coach on the stand.

Q. Where about is the Lambeth Road?

A. I went from the Dog and Duck by the Asylum; this coach-stand was at the Three Stags, there was no hackney coach there. I ordered my fellow-servant to stop, and I looked round and told the gentleman there was no hackney coach there; but that there was a coach-stand at the Marsh Gate, and if he liked to get in there, I dared to say nobody would take any notice of him—I drove him up along side of a coach.

Q. Did he do any thing upon that?

A. I think he pulled up the side-blind as I came round the corner.

Q. Was the side-blind up?

A. Yes, it was up when I came there; I saw it up, but I did not see when he pulled it up.

Lord Ellenborough. Having been down before, it was up when you got there?

A. Yes, when I got there I pulled up alongside of a hackney coach.

Mr. Adolphus. How many hackney coaches were there?

A. Only one; I called the coachman, and the waterman opened the coach door, and I opened the chaise door.

Q. Did the gentleman go into the coach?

A. Yes, he did.

Q. How?

A. He stepped off my step on to that, for he stepped on the [Pg 114]body of the coach, or on the step of the coach; I cannot say he never stepped on the ground, the coach and the chaise were too nigh together.

Q. Did he make you any present for your trouble?

A. He then held his hand down, and gave me two Napoleons; I have them here now; he did not say one was for my fellow-servant and the other for myself, but I supposed it was so (the witness produced the Napoleons.)

Q. Did you hear him tell the coachman where to drive to?

A. I did not.

Q. Do you know the name of the coachman or the waterman?

A. Yes, I do.

Q. What is the name of the coachman?

A. Crane.

Q. Do you know the waterman's name?

A. I am not rightly sure; I think they call him Bob. I know his person very well.

Q. How was this gentleman dressed, that you drove to town?

A. He was dressed with a dark fur cap—a round cap, and with white lace, of some sort, round it; whether it was gold or silver, I cannot say; he had a red coat on underneath his outer coat.

Q. What sort of a coat was his outer coat?

A. I think it was a dark coat, a kind of brown coat—but I will not swear to that.

Q. You saw a red coat underneath it?

A. Yes, I saw a red coat down as far as the waist; I did not see the skirts of it.

Q. Did you make any particular observation upon the red coat?

A. No, I think it was turned up with yellow; but I should not like to swear that.

Q. Had it any thing upon it?

[Pg 115]

A. It had a star of some sort upon it, but I was not close enough to see that, and cannot swear to what it was.

Q. Was that all that you observed of his dress?

A. No, not quite all, I think; I think upon the outer coat there was fur, a kind of white fur, the same as off a rabbit's skin.

Q. But that you do not recollect with certainty?

A. No, I should not like to swear to that.

Q. As you conversed so much with that gentleman, do you think you should know him again?

A. I should know him in a moment.

Q. Have you seen him since you have been in Court?

A. Yes, that is the gentleman (pointing to De Berenger.)

Q. Have you any doubt that is the person?

A. Not at all.

Q. Since the day you drove him, have you seen him before to-day?

A. I have.

Q. How often?

A. Only once.

Q. Where was that?

A. In King-street, Westminster, in a room there.

Q. Did you equally well know him then?

A. I did the moment I saw him.

Q. Had you ever the least doubt about him?

A. Never the least in the world; I knew him as soon as I saw him.

Cross-examined by Mr. Richardson.

Q. Have you not been told this morning in what part of the Court he sat?

A. No, I never enquired about it; I looked round when I came in and found him out in a moment; I dare say every gentleman in the Court saw me.

[Pg 116]

Q. Had you never seen him before this time you speak of in February?

A. I have seen him since, I never saw him before February, to my knowledge.

Q. When was it that you heard of the reward which was offered by the Stock Exchange?

A. I heard of it the day it was printed.

Q. How long after this transaction happened?

A. I think two or three days afterwards.

Q. Do you remember the Club at Dartford, called the Hat Club?

A. Yes, perfectly well; I was there.

Q. Do you remember the conversation there, whether Crane or you should get the reward?

A. Yes, I remember being asked, whether I thought I should get the reward, and I said I thought not.

Q. You produced your purse, with what you had got?

A. Yes, I produced my purse, and rapped it on the table in this way, but that was money I had laid out before; I had received five pounds from the gentlemen of the Stock Exchange towards my expences.

Q. What might be your observation, when you rapped it upon the table?

A. To let them know that I had it.

Q. Did you say any thing about the yellow boys?

A. Yes, those were the gold Napoleons.

Q. Did you not say that the gentleman applauded you, and said you were a clever fellow?

A. No, I did not, I would have said very wrong if I had, I am sure.

Q. I think they would have done you no more than justice. Did you not on that occasion say, you would swear for that side that paid you best?

A. No, I did not.

Q. On that occasion, nor any other?

[Pg 117]

A. No, I never did, you may depend upon it.

Q. Nor any thing to that effect?

A. No, I did not.

Q. Who were present at this time?

A. Upon my word I do not know; several members round about.

Q. Several neighbours?

A. Yes, they were members.

Q. Was a person of the name of Man there?

A. I do not know him.

Q. Or Wood?

A. I do not know such a person; there were not above a dozen of them there; but I am not there often myself.

Q. How many members of the club are there?

A. I do not know, indeed; the hat maker pays my money for me; being very much out, I am not there one time in ten.

Q. When you are there, you do not know who are present?

A. No, I do not exactly.

Lord Ellenborough. What is this Hat Club?

A. We pay a shilling a week, and have a pint of beer; I have not been there these several weeks.

Lord Ellenborough. You get part of your money back in a hat?

A. We pay twenty-four shillings, and then have a hat for it.

Mr. Richardson. You have described this gentleman's person before to-day?

A. Yes, I have.

Q. You have been examined upon several occasions before this?

A. I have been examined at the Stock Exchange, and before the Grand Jury, no where else.

Q. Did not you describe the person as one that had a great red nose, and a blotched face?

[Pg 118]

A. A red nose I said, and his face was very red that morning, for it was very frosty. I said he was pitted with the small-pox.

Lord Ellenborough. Red or not sure you are, of the identity of the face?

A. Yes, I am sure of it.

Mr. Richardson. It was you that told him of the stand of coaches in the Lambeth Road?

A. Yes.

Q. That is before you come to the Marsh Gate?

A. Yes.

Q. That is not far from the Asylum, is it?

A. No.

Q. You went there for the purpose of getting a coach in the first instance?

A. Yes.

Q. And then you told him he might perhaps get one at the Marsh Gate?

A. Yes.

William Bartholemew was called into Court.

Q. (to Shilling) Is that the waterman?

A. That is the waterman.

William Bartholemew sworn.

Examined by Mr. Adolphus.

Q. Are you a waterman attending a stand of coaches?

A. Yes.

Q. Where?

A. At the Marsh Gate.

Q. Do you know Shilling, the last witness?

A. Yes, by seeing him come up with post chaises from Dartford.

Q. He is a Dartford boy?

A. Yes.

[Pg 119]

Q. Do you remember at any time in February, his coming with a chaise with a gentleman in it?

A. Yes, the 21st of February.

Q. What day in the week was it?

A. On a Monday.

Q. With how many horses?

A. Four horses.

Q. At what time in the morning?

A. Between nine and half past nine in the morning.

Q. Was there a coach on the stand?

A. Yes.

Q. Any more than one?

A. No more than one.

Q. Who drove that coach?

A. One Crane.

Q. Did you see the gentleman get into it?

A. Yes, I did.

Q. How did he go in?

A. He stepped out of one into the other?

Q. Did you open the door and let down the step for him?

A. Yes.

Q. How was that gentleman dressed?

A. He had got a kind of brown cap on, and a dark drab military sort of coat.

Q. Was there any thing round the cap?

A. There was a sort of band or something round the cap.

Q. What had he under his military great coat?

A. A scarlet coat.

Q. Did you see any thing on the scarlet coat?

A. I only took notice of the lace upon it.

Q. Where did that gentleman order the coach to drive to?

A. Up to Grosvenor Square.

Q. To what street?

A. I do not recollect whether he told me any street, only Grosvenor Square.

[Pg 120]

Q. Do you think you should know that gentleman again?

A. I do not know; dress makes such an alteration.

Q. Look round, and see whether you can see any one.

A. I do not see that I can recollect him, only seeing him that half minute.

Q. Look at that gentleman who is stooping down to write, (De Berenger,) and see whether you think that is like him?

A. Yes, I do upon my word, but I only saw him for about half a minute.

Cross-examined by Mr. Park.

Q. You, being a waterman, take that particular notice of every body that gets into a hackney coach, that you are quite sure having seen him step from the chaise into the coach, that he is the man?

A. I said at first, that the dress made such an alteration that I should think I should hardly know him.

Q. If I were to get into your coach with this dress on, and afterwards with my ordinary dress, you would hardly know me again?

A. No, I should think not.

Richard Barwick sworn.

Examined by Mr. Adolphus.

Q. What are you?

A. I am clerk to Messrs. Paxtons and Company.

Q. Where is their house of business?

A. In Pall Mall.

Q. They are Bankers?

A. Yes, they are.

Q. Do you remember a particular circumstance in passing near the Marsh Gate any morning?

A. Yes, I do.

Q. On what day?

A. Monday Morning the 21st February.

[Pg 121]

Q. What did you observe in passing?

A. I observed a post chaise with four horses, it had galloped at a very great rate, the horses were exceedingly hot, and the man was getting into a hackney coach that the people there told me had come out of that chaise.

Q. Did you hear that person who got into the coach say anything?

A. No, I had no conversation with any body.

Q. Did you follow that coach?

A. I did.

Q. How far?

A. I saw it as far as the Little Theatre, in the Haymarket.

Q. Why did you follow that hackney coach.

A. Because I wanted to know what the news was.

Lord Ellenborough. How came you to know any thing about the news?

A. I was told, it was a General Officer arrived with news, and I wanted to know what it was.

Lord Ellenborough. You were told it was an Officer arrived with news?

A. Yes, I was.

Mr. Adolphus. Then you went to your own business, having followed this coach to the Haymarket?

A. Yes.

Q. Did he pass by any of the public offices?

A. Yes, he did.

Q. Did he stop at any of them?

A. No.

Q. He went straight to the Haymarket?

A. Yes, he did.

Q. Was that the reason why you desisted from following?

A. It was nine o'clock, and I must be at the office by that hour, and therefore I did not go on.

Q. Did you see enough of that person to know him again?

A. I believe, I did.

[Pg 122]

Q. Look at him, and see whether you know his person again?

(The witness looked round.)

Lord Ellenborough. Did you see his body?

A. I saw his face in the coach, he had a cap on such as the German Cavalry wear, after an evening parade, with a gold band upon it.

Mr. Adolphus. Have you seen that person in court?

Lord Ellenborough. There is no objection to his looking at the Defendant, and seeing whether he is the person.

(The witness looked at the Defendant De Berenger.)

A. I really do not know that I do see him exactly.

Mr. Park. This is the gentleman said to be the man.

Lord Ellenborough. If you do not recollect the gentleman's person, say so.

Mr. Park. Is the result of your looking that you do not believe this to be the man?

A. He is something like him.

Q. One man is something like another, he goes upon two legs, and has two hands, and so on.

A. It is like him certainly.

William Crane sworn.

Examined by Mr. Adolphus.

Q. Do you drive a hackney coach?

A. Yes.

Q. What number.

A. 890.

Q. On a Monday morning in February do you remember taking up a fare at the Marsh Gate?

A. Yes.

Q. What day of the month was it?

A. The 21st of February.

[Pg 123]

Q. Where did the fare come from?

A. From Dartford.

Q. Out of what?

A. A post chaise and four—a Dartford chaise.

Q. Where were you directed to drive to?

A. To Grosvenor Square.

Q. Where to there?

A. He did not say where in Grosvenor Square.

Q. Where did you set him down?

A. I drove him into Grosvenor Square, and then the gentleman put down the front glass and told me to drive to No. 13, Green Street.

Q. Did the gentleman get out there?

A. Yes.

Q. Did you hear whom he asked for?

A. He asked for Colonel or Captain somebody, I did not hear the name, and they said he was gone to breakfast in Cumberland Street.

Q. What did the gentleman say then?

A. The gentleman asked if he could write a note to him.

Q. Did he go in?

A. Yes, he went into the parlour.

Q. Were you discharged then?

A. Yes, the gentleman gave me four shillings before he went in, and I said, I hoped he would give me another shilling: he took out a bit of a portmanteau that he had, and a sword, and went in, and came out into the passage and gave me another shilling.

Q. What sort of a portmanteau was it?

A. A small leather one, big enough to wrap a coat up in.

Q. What sort of leather?

A. I think black leather, as well as I can recollect.

Q. Have you seen that person since that you drove that morning?

A. Yes, I saw him in King Street, Westminster.

[Pg 124]

Q. At the messenger's house?

A. At Mr. Wood's house.

Q. Do you see him in court?

A. I think this is the gentleman, here, (pointing to De Berenger.)

Q. Were you of the same opinion when you saw him at Mr. Wood's?

A. When I came down stairs he looked very hard at me.

Q. Did you know him then?

A. Yes, it was something of the same appearance, but he had altered himself very much by his dress.

Cross-examined by Mr. Richardson.

Q. You went to Wood's for the purpose of seeing him?

A. Yes, I did.

Q. Wood is a messenger of the Alien Office?

A. He lives in King Street.

Q. He was pointed out there as being the person in custody?

A. No, I walked down stairs, and met the gentleman coming up stairs.

Q. You thought you saw a resemblance?

A. Yes, I thought he was something like the same gentleman that I had carried.

Q. You do not pretend to be able to recollect every person you carry in your hackney coach every day?

A. No, but this gentleman that I took from a post chaise and four, when he got out at Green Street I saw that he had a red coat underneath his great coat.

Q. You did not open your coach to him, the waterman did that?

A. Yes, the post boy ordered me to get on the box.

[Pg 125]

Lord Ellenborough. When he got out you opened the door to him I suppose?

A. Yes, I did.

Mr. Richardson. Did you open the door, or the footman at the house?

A. I opened the door.

Q. And he paid you and passed into the house?

A. Yes, he did.

Q. What was the colour of his great coat?

A. A brown grey great coat, with a brown cape with lace to it.

Q. You have before described the great coat as a brown great coat, have not you?

A. A kind of a brown grey.

Q. Did not you describe it before as a kind of a brown coat?

A. No.

Mr. Gurney. I will now prove the finding the clothes in the river, and then prove the purchase of them.

George Odell sworn.

Examined by Mr. Gurney.

Q. Are you a waterman?

A. Yes.

Q. Do you remember in the month of February last, fishing up any bundle in the river?

A. In the month of March.

Q. Where did you fish it up?

A. Above the Old Swan Stairs, off against the Iron Wharfs.

Q. Were you dredging for any thing?

A. I was dredging for coals with a drag.

Q. What kind of a bundle did you find?

A. I picked up a bundle, tied up with a piece of chimney [Pg 126]line, or window line in the cover of a calico chair bottom.

Q. What was in it?

A. I think there were two sleeves of a coat, and then a coat cut to pieces, and embroidery, and a star, and a silver coat of arms, with two figures upon it.

Q. How was it sunk?

A. With three pieces of lead, three screws, and some marks for letters.

Q. With some metal?

A. Yes, and some bits of coal.

Q. Did you give that which you found to Mr. Wade, the Secretary of the Stock Exchange?

A. Yes.

Q. How soon after you found it did you give it to him?

A. I picked it up on the Wednesday, and I carried it there on the Saturday.

Mr. Park. Can you give us the day of the month when you picked this up?

A. The 24th of March.

Mr. Gurney. Did you find it on the 24th of March, or give it to Mr. Wade on that day?

A. I picked it up on that day, about half after eleven o'clock in the day; I can bring plenty of witnesses to my picking it up.

Q. Are these the sort of things that you picked up? (shewing a bundle of clothes with star, &c. to the witness.)

A. These are the sort of things, but the star was not in that state it is now; the star was in half, and one of the birds was off.

Mr. Gurney. This, my Lord, is an order of masonry, and this I understand a Russian order of knighthood, the order of St. Ann.

[Pg 127]Mr. Francis Baily sworn.

Examined by Mr. Gurney.

Q. You are of the Stock Exchange?

A. Yes, I am.

Q. Were you present with Mr. Wade, when he received the parcel from Odell?

A. I was,—from the last witness in the box.

Q. Was it delivered over to Mr. Lavie?

A. I believe it was, it lay upon the table some time.

Q. Did you examine it?

A. I did, very minutely.

Q. Are the things contained in that parcel?

A. I believe them to be, they appear to be the same.

Mr. Gurney (to Mr. Lavie). Did you receive that from Mr. Wade?

Mr. Lavie. I did, I took it from the Stock Exchange room.

Q. Mr. Wade and Mr. Baily were present?

Mr. Lavie. Yes, they were.

Mr. Robert Watson Wade sworn.

Examined by Mr. Gurney.

Q. You are the Secretary at the Stock Exchange?

A. I am.

Q. Did you, in company with Mr. Baily and other gentlemen, receive from Odell the bundle said to be found in the River?

A. I did.

Q. Was it given to Mr. Lavie?

A. It was.

Q. The star we understand was then in two pieces?

A. Yes.

Q. Was it afterwards sewn together?

A. It was, for the purpose of being exhibited.

[Pg 128]Simeon Kensington Solomon sworn.

Examined by Mr. Gurney.

Q. I believe you are a military accoutrement maker?

A. Yes, I am.

Q. Have you a shop at Charing-Cross, and another at New-Street Covent Garden?

A. We have.

Q. On the Saturday the 19th of February do you remember any person making a purchase of any military dress at your house?

A. Yes, I do.

Q. What dress was purchased of you?

A. A military great coat and foraging cap.

Q. What is it made of?

A. Dark fur.

Q. Was any thing on it?

A. It had a pale gold band.

Q. Have you since had a cap and a coat made exactly resembling them?

A. I have.

Q. Are these the cap and the coat you have had so made? (shewing them to the witness.)

A. They are.

Q. Do they exactly resemble the cap and the coat you sold?

A. As nearly as I could possibly recollect.

Q. What else did the person purchase?

A. They purchased at our house in New Street——

Q. You suppose some order had been given in New-Street, did any thing come from New-Street as having been ordered there?

A. Yes there did.

Q. You were at Charing Cross?

A. I was.

Q. Did any person come to your shop at Charing-Cross [Pg 129]and take away that which had been sent from New-Street which you furnished?

A. Yes, he did.

Q. Was there any other coat purchased besides that great coat?

A. There was a military regimental coat, a staff coat was brought from New-Street.

Q. Was that scarlet?

A. Yes, fitted for a staff officer the uniform of an Aid de Camp.

Q. With this sort of gold lace upon it?

A. Yes.

Q. Have you examined these fragments?

A. Yes, I have.

Q. Were there any ornaments besides?

A. There was a star and a badge.

Q. Look at that star and badge and tell me whether you believe them to be the same?

A. Yes, I do believe them to be the same.

Q. Why do you believe them to be the same?

A. The star I certainly believe to be the same, because we had the very fellow star.

Q. Except these two, did you ever see any star like them?

A. I do not know that ever I did.

Q. Do you believe that badge to be the same?

A. The badge I did not notice much.

Q. You sold a badge?

A. The badge came from our house in New-Street.

Q. Had you any conversation with the person?

A. Yes I had.

Q. You have examined these fragments?

A. I have.

Q. Do you believe them to be the fragments of the dress you furnished, or of such a dress?

A. They appear to be those materials, as far as I can judge in that state.

[Pg 130]

Q. And the same kind of lace?

A. The same description of embroidery.

Q. Speaking of a thing so cut to pieces, does it appear to you to consist of the remnants of the dress you furnished?

A. Yes, except that the scarlet is very much discoloured by being under water, it appears the same description of coat.

Q. Had you any conversation with the person as to the use of these things?

A. I had very little conversation as to the sale of the uniform, for they were already purchased before I saw him, with respect to the great coat I sold that and also the cap.

Q. Did he mention for what purpose they were wanted?

A. He observed that they were wanted for a person who was to perform the character of a foreign officer, to be sent into the country that evening.

Q. Did he take them away with him?

A. Yes he did.

Q. Did you offer to lend them to him?

A. Where he purchased the uniform——

Q. If that was not in your presence you will not state it—did he take them away with him?

A. Yes he took them away in a coach.

Q. Had he any portmanteau with him?

A. He had a small portmanteau.

Q. Did he beat you down in the prices?

A. No, he did not.

Q. Did he say any thing about money?

A. No, he made no observations, he merely paid for them.

Q. You were conversing with that person for some time?

A. For a short time.

Q. Have you since seen him again—have you seen any person that you believed to be the same?

A. I was introduced to a person——

Q. Where was that?

A. At the Parliament-street Coffee House.

[Pg 131]

Q. Do you believe that person you saw at the Parliament-street Coffee House to be the person who so made the purchase?

A. That I cannot undertake to say.

Q. What do you believe?

A. In point of appearance he resembles him, except that the person whom I served had whiskers.

Q. I suppose the person you saw in Parliament street had not?

A. He had not.

Q. Look at him now and tell me whether you do or do not believe him to be the person? (The witness looked at the Defendant De Berenger.)

A. This is the person I was introduced to at the Coffee-house.

Q. Upon the oath you have taken, what is your belief respecting him?

A. I really cannot undertake to swear that he is the person?

Q. What do you believe?

A. The Gentleman that represented himself to be Mr. Wilson was dressed in a different manner, he had black whiskers, and from that circumstance I could not possibly undertake to swear it was the same person.

Q. What is your belief?

Mr. Park. That belief may be founded on different facts?

Lord Ellenborough. To those facts you will examine, Mr. Gurney is now examining, there is no objection to the question.

Mr. Gurney. What is your belief?

A. Upon my word it is impossible for me to say.

Q. Do you mean to say that you have no belief upon the matter?

A. I mean to say I cannot undertake to swear it is the person.

[Pg 132]

Q. What is your belief?

A. I believe it resembles the person, except that the person I served had whiskers.

Q. Making allowance for whiskers which may be taken off in a minute, what is your belief upon the subject?

A. Upon my word it is impossible for me to say.

Q. You can certainly say what is your belief?

Lord Ellenborough. You are not asked as to whether you are certain, but to your belief.

A. If I were to say I believe it is the person I might say wrong, if I were to say I believe it is not the person I might say otherwise, it may be the person but I cannot undertake to say I believe it is.

Mrs. Abigail Davidson sworn.

Examined by Mr. Gurney.

Q. In the month of February last did you reside in the Asylum Buildings?

A. Yes.

Q. That is near to the Asylum?

A. Yes.

Q. Is the house within the rules of the King's Bench?

A. Yes it is.

Q. Did Mr. De Berenger lodge with you?

A. He did.

Q. Do you remember on what day he finally quitted your house?

A. On the 27th of February.

Q. What day of the week was that?

A. Sunday.

Q. Do you remember where he was the Sunday before that?

A. No.

Q. Did you see him on the morning of that Sunday?

A. No, on Sunday the 20th you mean, I did not.

[Pg 133]

Q. Did he sleep at home that night?

A. I cannot say.

Q. Did you see him that night at all?

A. We never attended to the door.

Q. Did you usually hear Mr. De Berenger in the morning?

A. Yes.

Q. Much or little did you hear him?

A. We heard him very frequently.

Q. Did you on the morning of Monday the 21st hear him as usual?

A. No.

Q. What did you use to hear of him on the mornings on which you did hear him?

A. We heard the bell ring for the servant.

Q. Once or more than once?

A. More than once?

Q. What rooms did he occupy?

A. The whole of the upper part of the house.

Q. What part did you occupy?

A. The parlours.

Q. How many rooms up stairs were there?

A. Four.

Q. And you and your husband occupied the two parlours?

A. Yes.

Q. On other mornings when you heard him besides ringing the bell did you hear any thing else respecting him?

A. Occasionally Mr. De Berenger would play on the violin or the trumpet.

Q. Did you hear him walk about?

A. Yes.

Q. Did Mr. De Berenger then wear whiskers or no whiskers?

A. Whiskers.

Q. Was there any morning on which you were at home that you did not hear his bell and his walking about?

A. No, I generally heard his bell.

[Pg 134]

Q. Did you see him come home on the Monday?

A. No.

Q. How early on that evening did you see him?

A. In the evening about a quarter or half past five.

Q. Had you heard him in the house before that time?

A. I heard him in the afternoon.

Q. You say he quitted your house on the Sunday after?

A. Yes.

Q. Do you remember any Gentleman calling there the day before he quitted with a letter?

A. On the Saturday night—

Q. He called with a letter?

A. Yes he did.

Q. Have you since seen that Gentleman again?

A. Yes.

Q. Where did you see him?

A. I saw him at the Temple?

Q. Was it at the Crown Office?

A. I do not know what office it was.

Q. Was Mr. Lavie present at the time you saw him?

A. Yes he was.

Q. Did you point him out to Mr. Lavie.

A. I cannot say that I should positively know the gentleman.

Q. Do you believe him to be the same?

A. Yes, I think it was.

Q. The same you had seen on the Saturday deliver that letter?

A. Yes, I think so.

Q. Had Mr. De Berenger two servants of the name of Smith, William Smith and his wife?

A. Yes.

Q. When he dined at home did his servants attend him?

A. Always.

Q. On the Sunday before he finally went away, Sunday the 20th, did he dine at home?

A. I cannot answer that.

[Pg 135]

Q. What was his usual dinner hour?

A. About four o'clock.

Q. Where were his servants at four o'clock on that day? At home or not?

A. I think they went out early on that day.

Q. What do you mean by early?

A. I mean two or half past two o'clock.

Q. Do you remember any thing about your key, respecting either of them, whether either of them had your key?

A. There was a private place where the key always hung for the accommodation of Mr. De Berenger and us.

Q. Where was the key put that night?

A. The key was always under the care of Mr. Smith.

Q. You did not see where he put it that night, did you?

A. No, I did not.

Cross-examined by Mr. Park.

Q. What Sunday was it that these servants went out to dinner at two or half past two?

A. On Sunday the 20th.

Q. You were preparing to go to chapel on that Sunday at eleven o'clock, and Mr. De Berenger went out at the time.

A. Mr. Davidson was going out, I did not go out.

Q. You were not well?

A. No.

Q. Mr. Davidson was going out.

A. Yes, but I did not see Mr. De Berenger.

Q. Did you hear your husband make an observation at the time?

A. Yes, I did.

Q. You did not yourself attend to the door?

A. No.

Q. This Gentleman had been your lodger for some years, had he not?

A. Nine months?

[Pg 136]

Q. You do not mean to represent, that he slept from his own bed on that Sunday, the 20th?

A. I cannot say that he did, or that he did not.

Q. You do not make his bed or go into his room?

A. No.

Q. Do you sleep in the parlour?

A. Yes, we have the two parlours.

Q. What is your general hour of rising in the morning?

A. Between seven and eight.

Q. Mr. De Berenger's time of trumpeting is not so early as that I suppose?

A. I have heard him at nine o'clock.

Q. He did not alarm the neighbourhood at seven o'clock?

A. No, I have heard him by eight or nine.

Q. Not so soon as that I should think in the month of February, not being very warm weather at that time?

A. I cannot speak to the time.

Q. If a person went out at eight o'clock that morning, you had no particular reason to know of it?

A. No.

Q. You had no call to look after him on the Sunday, or Monday, or Tuesday morning?

A. No.

Q. And whether he slept at home or did not, you cannot take upon yourself to say?

A. No.

Re-examined by Mr. Gurney.

Q. My learned Friend has asked you as to your husband observing upon Mr. De Berenger's going out on the Sunday morning: in what words did your husband make the remark as to Mr. De Berenger's going out?

A. He called out, our lodger is gone out with a new great coat on.

[Pg 137]Mr. Germain Lavie again called.

Examined by Mr. Gurney.

Q. Who was the Gentleman that Mrs. Davidson pointed out to you?

Mr. Serjeant Best. I object to that, that is a leading question.

Mr. Gurney. I beg pardon.—Did the last witness point out any person to you at the Crown-Office, at the time of striking the Jury?

A. Before she came into the Crown-Office she saw Mr. Cochrane Johnstone getting out of a Hackney coach at the Crown-Office door—she then told me——

Q. Did she point out any person to you as having seen him before?

A. No, she did not then.

Q. Did she afterwards fix upon any person as having seen him?

A. No she did not, unless I can speak to what passed before.

Q. Did she mention having seen any person get out of a Hackney Coach?

A. Yes.

Q. Who was that person that she observed upon?

A. The person she pointed out to me as having seen get out of a Hackney coach was Mr. Cochrane Johnstone—she staid the whole time of the striking of the Jury, he struck the Jury himself.

Lord Ellenborough. Then the whole of it is, that the person who was striking the Jury, was Mr. Cochrane Johnstone?

A. Yes.

Mr. Gurney. (to Mrs. Davidson). Was that person the person that you believe brought the Letter?

Q. I cannot be positive to his person.

Q. Do you believe that to be the person?

A. I think it was.

[Pg 138]Mrs. Abigail Davidson.

Cross-examined by Mr. Serjeant Best.

Q. How came you to go for the purpose of striking the Jury.

A. A person from Mr. Lavie came and fetched me for the purpose.

Q. To attend to assist in striking the Jury?

A. No, to see Mr. Johnstone.

Q. You were told Mr. Johnstone was to be there?

A. Yes.

Q. And going there you saw a person taking a part with respect to the striking of the Jury?

A. I saw a Gentleman get out of the coach as I was standing in the passage, I saw a Gentleman come across, that I thought was the person, but I could not be positive.

Q. Can you take upon yourself to swear now, that was the person?

A. No, I would not swear it.

Re-examined by Mr. Gurney.

Q. When you saw the person at the time he left the letter, had you any reason to know what his name was?

A. No, I had never seen the Gentleman before, but in conversing with Smith, Mr. De Berenger's servant——.

Q. Had you any conversation about him with Smith, Mr. Du Bourg's servant?

A. I had.

Mr. Gurney. I do not ask you what it was, my learned Friends may if they please.

Launcelot Davidson sworn.

Examined by Mr. Gurney.

Q. Are you the husband of the last Witness?

A. Yes.

[Pg 139]

Q. Mr. De Berenger we find lodged in your house?

A. He did.

Q. Do you remember on what day he quitted your house?

A. The 27th of February I think.

Q. What day of the week?

A. Sunday.

Q. Do you remember seeing him go out on the Sunday before the 20th.

A. Yes.

Q. At what hour of the day?

A. Before eleven.

Q. Have you any reason to know the time?

A. Yes, I had been out before, and I returned home and stood before the parlour window waiting to hear the Asylum clock strike eleven, to go to chapel.

Q. How was he dressed?

A. At that time that I saw him go out, I had seen him ten minutes before come in.

Q. How was he dressed when he came in before?

A. He had a plaid cloak on that he had worn nearly all the winter, he and I came in together, he was just before me.

Q. When he went out again, how was he dressed?

A. He had just such a coat as this on as to colour, (the grey coat before produced.)

Q. Did it appear to be new or old?

A. I cannot exactly say, but as he went down the yard, I said to my wife who was in the back parlour, there goes our lodger, he has a new great coat on, just before he had his plaid on when I came in.

Q. Did he come home again at all during that day?

A. Not that I saw.

Q. Did you see or hear him at all during that day?

A. No, I did not.

Q. Did you see or hear him the next morning?

A. No, I am not at home—I always go out the early part of the morning.

[Pg 140]

Q. At what time do you go out?

A. About nine.

Q. Before nine had you either seen or heard him?

A. No, I had not.

Q. Do you usually hear him in a morning before that time?

A. Yes, I generally used to hear him walking about, or ringing for his servant, or something or other.

Q. On that Monday morning before you went out, did you hear those things you generally did?

A. No, I did not, and we made the observation upon it, and also upon the servants going out at two o'clock, which was not customary.

Q. At what time on the Sunday did they go out?

A. I think about two o'clock.

Q. At what time did they return?

A. That I cannot say.

Q. Did they return that evening?

A. I dare say they did, but we never opened the door?

Q. Were they out or at home at four o'clock?

A. That I cannot say, I do not think they were at home.

Q. What was Mr. De Berenger's usual dinner hour?

A. About four o'clock.

Q. Did they attend him at dinner?

A. The man servant did.

Q. And the woman servant cooked his dinner?

A. Yes, she did.

Q. Did he dine at home on that Sunday?

A. No, he did not.

Q. I do not ask you what conversation took place between you and the Smiths' next day respecting the Sunday night, but did any conversation take place on that subject?

A. Yes, there did.

Q. On the Sunday afterwards he left your house?

A. He did.

[Pg 141]

Q. Did you see him go away on the Sunday after?

A. No.

Cross-examined by Mr. Richardson.

Q. You had nothing to do with his domestic life, with his dinner, or letting him into the house, or letting him out of it?

A. No.

Q. His servants attended to all that?

A. Yes.

Q. He might come in or go out without your observing it?

A. Yes, he might, but it is almost impossible I should think, because he generally gave a very loud rap at the door, and he had very few visitors.

Q. You yourself go out early in the morning upon your own business?

A. Yes, about nine o'clock.

Q. Do you stay out a considerable part of the day?

A. Yes.

Q. What is your business?

A. A broker.

Q. At that time you acted as a broker?

A. I acted as a broker's Clerk at that time.

Q. You are out a considerable part of the day, sometimes more, sometimes less.

A. Yes.

Mr. Gurney. Now my Lord I am going to what I have stated as the underplot, respecting M'Rae, Sandom, Lyte, and Holloway.

Thomas Vinn sworn.

Examined by Mr. Bolland.

Q. In consequence of a note that was left at your house, did you go to the Carolina Coffee House in February last?

A. I did, where I met M'Rae.

[Pg 142]

Q. What day in February was it?

A. On the 14th of February the note was dated, and I received it the 15th.

Q. On what day did you go to the Carolina Coffee House?

A. On the 15th in the morning.

Q. Did any body accost you there?

A. I met M'Rae, who was at that time in company with an elderly Gentleman, he desired me to sit down and he would be with me presently.

Q. Had you known M'Rae before?

A. I had some years.

Q. Did he return to you as he said he would?

A. He was not out of my sight, he was standing near the door, and in the course of seven or ten minutes, as far as I can recollect, he came and joined me.

Q. Upon his joining you what passed?

A. He told me he had known me a long time, and that he thought he had now an opportunity of making my fortune; that he knew from the knowledge I had of languages, particularly that of the French, I should have an opportunity of both benefiting others and myself.

Q. What answer did you make?

A. I asked him what the object was, and whether it was to travel abroad; he told me it was not to travel abroad, but it was probably to travel at home, and that almost immediately; that it was a scheme that he had in contemplation, employed by men of affluence and consequence, and that he thought no man more competent to that than myself.—On my asking him if there was any thing of moral turpitude in it, he said that there was none but that it was practised daily by men of the first consequence, it was nothing more nor less than biting the biters, or in other words, a Hoax upon the Stock Exchange. I asked him in what way I could attend to it, or in what way it was to be performed; he told me by going down to Dartford, Folkestone, or Dover, as I should [Pg 143]receive instructions, and that, that evening, but that it was necessary to have for himself and me, two dresses appropriated to that of French Officers. I here stopped him, and asked whether he really meant me to be employed in this transaction, to which he replied, certainly, and that I should be in the first place remunerated, and ultimately have a fortune made me. I replied with indignation, that I would as soon be concerned in a highway robbery, that I thought he had known me better than to have suggested to me a plan of the kind, and expressed myself rather beyond the usual tone of my voice, hurt at it, he endeavoured to hush me by saying people would overhear us, he endeavoured to hush me by the ejaculation ish for that we should be overheard there.

Lord Ellenborough. Did he say you might probably be overheard there?

A. Yes, he did, and then he took me out of the Coffee-house and went up Cornhill where I left him, but recollecting this was only what was related to me, and that if ever it took place or did not, it was impossible that what I said could be any proof, I therefore considered that I had better——

Mr. Alley. Give us the facts if you please, and not the reasons?

Mr. Bolland. Do not trouble my friend with your reasons as he does not like them, but tell us what you did?

A. I returned and told him if he would go with me to another Coffee-house, I would introduce him to a person, who though I would not undertake the business might do it.

Q. What was your reason for doing that?

A. Only that I might have a witness.

Mr. Alley. I object to that reason being stated.

Lord Ellenborough. This is only introductory to what he is about to state. I presume no one can be more interested than I am in his narration being short?

[Pg 144]

A. I told him I would take him to a Coffee-house where a person was who might engage in this hoax.

Lord Ellenborough. I beg you will not call it by that name—such an offence as this.

Mr. Bolland. Did you take him to the Coffee-house?

A. Yes.

Q. What Coffee-house?

A. The Jamaica—there was a young man there to whom I was about to introduce him, but he turned round suddenly and I did not.

Q. Did any thing more pass between M'Rae and you?

A. No, nothing more.

Q. Any thing about French terms?

A. I recollect myself—In consequence of M'Rae returning, he asked me whether I would not give him in writing the terms Vive le Roi—Vive les Bourbons;—which in the expectation of his attending to this young man, (this was in the Jamaica Coffee-house) I gave him.

Q. Did you give him any other?

A. None other to my knowledge.

Q. Was that the letter you received from M'Rae? (shewing a letter to the witness.)

A. That is it.

Q. Is that M'Rae's writing?

A. It is.

(The Letter was read as follows:)

[Pg 145]Cross-examined by Mr. Alley.

Q. As I have not the pleasure of knowing you, what is your business?

A. I am an accountant.

Q. Have you been acquainted for any length of time with Mr. M'Rae?

A. I believe five years and a half, or nearly six years.

Q. Have you been concerned in any business in the Stock Exchange?

A. No.

Q. You were not in the habit of buying and selling as a Broker?

A. No.

Q. It was an odd thing that Mr. M'Rae should resort to you in such a base transaction, you being in the business of an Accountant?

A. I have been in business and have been unfortunate, and since have been an Accountant.

Q. Not to lose your character I take for granted?

A. I hope not.

Q. There was no other person present to hear this conversation?

A. He was talking with a gentleman when I entered.

Q. This rests upon your own testimony?

A. We afterwards joined a party, but no person heard the conversation but ourselves, except that any person might hear me when I became vociferous.

Q. You quite met my approbation when you told me that you considered this as base as if he had asked you to go on the highway—how came you to propose a friend of yours after that?

A. It was merely for the purpose of having a witness to the offer to me, because if not, and this took place what I had said would have been of no effect had it been rendered completely abortive by this failing with me.

[Pg 146]

Q. Then am I to understand you thought it better to let this wickedness be practised in order that it might afterwards be proved?

A. I am sorry I am so misunderstood, I only wished it should not be promulgated to the world merely on my ipse dixit, but on the testimony of another.

Q. You did introduce him to your friend?

A. No, I did not, he would not be introduced. I had communicated to my friend the business in question before he came.

Q. How soon did you communicate this to the Stock Exchange?

A. I communicated it within ten minutes afterwards on that day.

Q. After the thing had been publicly known?

A. No, I went immediately on this application being made and promulgated it to Mr. Rothery, of the Atlas Printing-Office, in Houndsditch; I afterwards went to a house in Clement's lane, where I promulgated it to thirteen or fourteen different persons, and I made it public daily in all the companies I went into.

Q. Was that before this happened?

A. It was on the 15th I made public, not the name of M'Rae, but that such a thing had been offered to me, which I refused with indignity.

Q. Some of these gentlemen are here as witnesses to-day I suppose?

A. I did not think it necessary, but I am perfectly willing that they should be called, I have seen two of them in Court and probably they may be so now.

Lord Ellenborough. This is merely a meditated something if you think it worth while to pursue it you may.

Mr. Alley. He only says that it rests upon his testimony, that was all I wanted to know—you gave him two bits of French to assist him however?

[Pg 147]

A. After I had agreed to take him to another friend, in order to get him to that business, I certainly did mention the name of Vive le Roi—Vive le Bourbons.

Q. Would not you have thought it quite as honest and as much to your purpose to have omitted that?

A. You will see that that was done for the purpose I have mentioned.

Mr. Gurney. Was it done in order to get a conformatory witness?

A. It was done with that intent and that only.

Sarah Alexander sworn.

Examined by Mr. Bolland.

Q. You live at No. 61, Fetter-lane, do you not?

A. Yes, I do.

Q. How long have you lived there?

A. I have lived there ever since last September.

Q. Do you know Mr. M'Rae?

A. Yes.

Q. Did he lodge with you?

A. Not with me—he lodged on the same floor that I did.

Q. Is he a married or single man?

A. A married man; he had his wife with him.

Q. Do you recollect any thing passing in February last, with regard to Mr. M'Rae?

A. Yes, on a Saturday night.

Q. What Saturday night?

A. The 19th of February.

Q. Where were you at that time?

A. In my own room; he came into my room and brought it and gave it to his wife.

Q. His wife was in your room?

A. Yes.

[Pg 148]

Q. What did he bring home and give to his wife?

A. A small parcel; he gave it to his wife and told her it was of value and to take care of it.

Q. Did he say any thing else to her?

A. Nothing else.

Q. Did you see any thing more of that parcel on that night?

A. Not that night. On Sunday the 20th, he went out about ten o'clock, between ten and eleven.

Q. Did he return again and when?

A. He returned before twelve.

Q. Did he bring any thing in with him?

A. He brought two coats and two opera hats.

Q. Did he bring the two coats and two opera hats open or inclosed in any thing?

A. They were in a bundle.

Q. Did you see them?

A. Yes.

Q. What sort of coats were they?

A. They were very dark blue, done with braiding—Officers coats.

Q. What coats were they?

A. Like Officers coats.

Q. What was the braiding?

A. It was to ornament the coats.

Q. What was it done in?

A. In flowers.

Q. Of worsted or silk?

A. Of worsted.

Q. What do you mean by opera hats?

A. Shutting together.

Q. Did you remark how the coats were lined?

A. One was lined with white silk.

Q. Were the coats alike, or did one appear of more rank than the other?

[Pg 149]

A. One appeared of more rank than the other; one was better than the other, and so was one of the hats.

Q. Were the hats plain or ornamented in any way?

A. One was black and the other ornamented on one side.

Q. What with?

A. With a brass plate or something of that kind at the end, and a gold tassel at each corner.

Q. Upon his producing them did he do any thing with them?

A. He put them on and asked me if he looked like an Officer, and I said yes, he did.

Q. What did he then do?

A. He went out again and came home again before one and brought some white ribband with him.

Q. Did you see him do any thing, or hear him say any thing about that white ribband?

A. Yes, he wanted two cockades to be made.

Q. To whom did he apply to make those cockades?

A. To his wife—they were to be made round.

Q. Was any thing said to him either by you or his wife as to the purpose, to which they should be applied?

A. His wife asked him what they were for, and what he was going to do with them, and he said they were to deceive the flats.

Q. Did you see what he did with the cockades?

A. He put them into his pocket and took the coats in his hand, and went out saying he must be at Billingsgate to go down to Gravesend by a quarter before two.

Q. What did he do with the hats?

A. He put them into the bundle.

Q. He then went away, did he?

A. Yes.

Q. When did you see Mr. M'Rae again?

A. About the same time the next day, about half-past one, or a quarter before two, I met him in Cursitor-street.

[Pg 150]

Q. Did he say any thing to you?

A. He gave me a shilling and asked me to go to the cook's shop for his dinner.

Q. Did any thing else pass in Cursitor-street between you?

A. No, not then, I went for his dinner.

Q. How was he dressed then?

A. Just the same as he went out—in his own cloaths.

Q. Had he any thing with him?

A. A bundle.

Q. Was that the same bundle he took out with him apparently?

A. He brought home one coat and one hat.

Q. Did you see the contents of that bundle when he got home?

A. Yes, the best coat and the best hat he brought home with him.

Q. Did he tell you where he had been?

A. He said he had slept at Northfleet, but he had the appearance of not having been a bed at all.

Q. He appeared tired?

A. He appeared very tired.

Q. Did he bring the cockades back?

A. Yes, he brought the cockades back in his pocket, the ribband was taken off.

Q. By whom?

A. By his wife; and the paper they were quilled on was thrown into the fire and the ribband made use of for strings, they had not buckram, and they made up the cockades on paper.

Q. Was any thing done with the coat?

A. They took the white lining out of the coat, and carried it to the Dyers to be dyed black.

Q. They said they should take it to the Dyers to be dyed black?

A. I know they took it out of the house to the Dyers, and the coat he wore.

[Pg 151]

Q. Before this how long had Mr. M'Rae lodged with you?

A. He lodged there before I went, he went about a week before me, I went in September.

Q. From September to February had you lodged together in that house?

A. Yes.

Q. Had you been acquainted with him and his wife?

A. Never before that, but at that house we kept but one fire; coals were very dear, and we lived a good deal together there.

Q. Had you any means of judging Mr. M'Rae's circumstances as to poverty or wealth?

Q. He was poor, he never had any money except it was a shilling or an eighteen penny piece.

Q. After this expedition to Northfleet, how did he appear in circumstances?

A. Oh, better; he had a £10. note and a £1. note, and the day before he left his lodgings he had three £2. notes.

Q. Do you mean before he finally left his lodgings?

A. Yes.

Q. When was that?

A. The second of March I think it was, the second or third to the best of my knowledge.

Q. Do you know of his purchasing any new cloaths for himself?

A. Yes, on the Sunday he bought a new coat, dark green, with yellow buttons.

Q. What Sunday was that?

A. Not the 20th.

Q. The Sunday after his return?

A. Yes.

Q. Did he buy any other articles of dress?

A. A new hat.

Q. On what day did he buy that?

A. The Monday.

[Pg 152]

Q. Was that the Monday after his return?

A. The Monday after he had bought his new coat.

Q. Did he tell you whether it had been a successful expedition to him?

A. He said he was to have £.50 for what he had done.

Q. Had you at any time any conversation with him about the nature of his journey?

A. No, never. He wished when he went away that it might be kept a secret where he was gone to; he did not wish any body to know where he was going to; he seemed very much agitated, and I desired he would not tell me that I might not tell any body else, and I did not know then.

Mr. Philip Foxall sworn.

Examined by Mr. Bolland.

Q. You keep the Rose Inn at Dartford?

A. I do.

Q. Look at that letter, and tell me whether you received it at any time, and when, from the person whose name it bears?

A. I did.

Q. I see it purports to be from Mr. Sandom?

A. It was from Mr. Sandom.

Q. Did you know Mr. Sandom before that time?

A. I did, by his frequently having chaises ordered from my house?

Q. Did you execute that order?

A. Yes.

Q. And sent a chaise to bring the party to Dartford?

A. Yes; and I had horses ready, as the letter advised me.

Q. Had you sent chaises on a similar message before?

A. Yes I had, by messages, and by letter; and he also came down there in the chaise.

[Pg 153]

Lord Ellenborough. By a message in writing coming to you?

A. Yes sometimes; this came by a boy.

Q. You do not know his hand-writing?

A. No I do not.

The Letter was read as follows:

Mr. Bolland. In consequence of that you sent a chaise to Northfleet?

A. I did.

Q. Did you see the chaise on its return from Northfleet?

A. Yes; the chaise drove furiously into my yard with two gentlemen and Mr. Sandom, with white cockades in their hats.

Q. What sort of hats were they?

A. They were very large cocked hats.

Q. Were they flat hats; what are called opera hats?

A. I did not see; indeed they did not take them off.

Q. Were they quite plain hats?

A. Yes, with the exception of white paper or ribband, I cannot say which.

Q. How were the gentlemen dressed?

A. In blue clothes I think; but there were such a number of persons hurrying into the yard, that I had not an opportunity of examining; the four horses were ready; I gave them another chaise, as I feared the wheels of this were not very well greased.

[Pg 154]

Q. Had you any conversation with Sandom, or either of the gentlemen with him?

A. I said to Mr. Sandom, "Will those gentlemen breakfast;" he said, "No, they have breakfasted at my house, they have been in an open boat all night, and are very much fatigued." I then asked him a question, "Who are they?" he said he did not know, but they had news of the utmost consequence, and begged I would let them have good horses.

Q. Did any thing else pass between you and Mr. Sandom?

A. No, further than my asking where to; and they said to Westminster. I told the boys I supposed they were going to the Admiralty.

Cross-examined by Mr. Serjeant Pell.

Q. What time was it you received the note?

A. I think the note must have been received about seven o'clock.

Q. In the morning?

A. Yes; the boy was unacquainted with the town, and he went to the house opposite with the note, and a man pointed to me as I was standing at the door.

Q. At what time did the chaise come with Mr. Sandom and those gentlemen?

A. I think it could not exceed an hour; I was quite surprised at the chaise coming back in so short a time.

Q. What is Mr. Sandom, do you know him?

A. I only know him from his occasionally having horses to take him to Northfleet; I understood he lived there.

Q. How long had he lived there?

A. That I really cannot say; I think he had been in the habits of occasionally having horses from me for nine months before that time.

[Pg 155]Foxall Baldry sworn.

Examined by Mr. Bolland.

Q. You are a post-boy at the Rose at Dartford?

A. I ride occasionally.

Q. Did you ride on the morning of the 21st?

A. I did.

Q. Do you recollect a chaise coming from Northfleet to your house?

A. Yes I do.

Q. Who was in that chaise do you recollect?

A. I have seen one of the gentlemen since; I did not know Mr. Sandom at the time personally.

Q. Was Mr. Sandom one of those persons?

A. Yes he was.

Q. Do you know the other two of those persons?

A. I do not.

Q. Did you drive either of the pair of horses that took those gentlemen to town?

A. I drove the leaders.

Q. Did they give you any orders as to which way they were to go?

A. Just as we were coming to Shooter's Hill, Mr. Sandom got out of the chaise with one of those other gentlemen, walked some little distance, and when he came back I was altering my harness; and he beckoned me, and said, My lads we do not want you to distress your horses up this hill, but when you get up you may get on a little: He asked what the gates were, and said, I shall give you twelve shillings a-piece for driving; but as to saying to what part I did not know at the time; my fellow-servant at the wheel ordered me to go over London Bridge, down Lombard Street, along Cheapside, over Blackfriar's Bridge, down the New Cut, and when I was in sight of the Marsh gate I was ordered to stop.

[Pg 156]

Q. Did you take that course?

A. I did.

Q. How was Mr. Sandom drest?

A. Why I really cannot say, but I think he had a brown great coat on.

Q. How were the other two persons dressed?

A. They were in blue great coats I think.

Q. Do you recollect what sort of hats they had?

A. They had round hats when they left me.

Q. What sort of hats had they when they got into the chaise?

A. They had military hats on.

Q. Was there any ornament in the hats?

A. A paper or ribband, I cannot tell which.

Q. Had the horses any ornaments upon them?

A. Yes, laurels.

Q. Do you know by whose orders they were put on?

A. No, I do not.

Q. You were near the Marsh gate you say?

A. Yes, I could see the Marsh-gate when I pulled up.

Q. Did the parties get out there?

A. Yes.

Q. How were they dressed then?

A. They had taken off their military hats and put round ones on, and they walked away.

Q. At what hour in the morning was it when you got to the Marsh gate?

A. I should think about eleven o'clock; I cannot say for half an hour.

Q. Did Mr. Sandom give you any thing?

A. Not at that time.

Q. Did he pay for the chaise?

A. He did not, not there.

Q. Has he since given you any thing?

A. He asked us what house we stopped at, I told him the [Pg 157]Bull at Kent Street end, and he came to us there, and gave my fellow-servant a one pound note, and the remainder in silver for him and me together.

Q. Did he pay for the chaise?

A. He did not pay for the chaise.

Q. Did either of the other two return with him?

A. They did not.

Mr. Francis Baily called again.

Examined by Mr. Bolland.

Q. In consequence of enquiries that had been made, did Mr. Holloway attend the Committee of the Stock Exchange?

A. He did.

Q. Did Mr. Lyte attend also?

A. Afterwards he did with Mr. Holloway; first Mr. Holloway came, and denied having any knowledge of the transaction.

Q. Did you see him again at any other time?

A. Yes, very near the time of the bill being found; I cannot tell whether before or after that, he came with Mr. Lyte and confessed that he was the person who had planned that plot, or participated in it.

Q. State what he said as nearly as you can recollect?

A. He said that he had done it with a view to obtain money by a rise in the public funds; and Mr. Lyte stated, that he was one of the parties who had been employed by Mr. M'Rae, at Mr. Holloway's suggestion; at Holloway's or M'Rae's.

Q. Did either of them say who were the actors in the plot?

A. Mr. Lyte said that he and Sandom and M'Rae rode in the post chaise from Northfleet to Dartford, and afterwards from Dartford to London.

Lord Ellenborough. In whose presence did Lyte state this?

[Pg 158]

A. Mr. Wakefield was present, Mr. Lavie was present, and a Mr. Chaumette.

Q. Was Holloway present then?

A. Yes he was; they both came together.

Q. What Lyte stated was in the presence of Holloway?

A. Exactly so. Holloway stated that he did it with a view of obtaining money, by the rise in the funds.

Q. Did he state any thing more?

A. He stated that he was not aware of the serious turn it would take; that he did not contemplate it in that point of view at first; but finding that it had taken so serious a turn, he had come forward and confessed it, in the hope that the Stock Exchange would not pursue it to extremities, and carry on the action against him, or the prosecution: He was asked whether he had any connection with Lord Cochrane, Cochrane Johnstone, or Mr. Butt, which he denied.

Cross-examined by Mr. Serjeant Pell.

Q. Do you know what it was that immediately led to Mr. Holloway's making this communication to the Stock Exchange?

A. No I do not; nothing more than the publicity of the measures which they were taking to follow up the parties, I believe.

Q. Did you not learn at the time from Mr. Holloway during this conversation, and from Mr. Lyte, that M'Rae had offered to come forward for a very considerable sum of money and state his knowledge of the transaction?

A. That had been stated before publicly I believe in Mr. Cochrane Johnstone's letter.

Q. I ask as to the conversation at the time, do you recollect whether or not at the time of this interview between Holloway, Lyte, and the gentlemen of the Stock Exchange, any thing was said about M'Rae's having offered to be a witness for a large sum of money?

[Pg 159]

A. There was certainly something said, but whether it was mentioned first by the gentlemen of the Stock Exchange, or by Mr. Holloway, I cannot recollect.

Q. Did not Mr. Holloway state, that in order to prevent the gentlemen of the Stock Exchange paying a large sum of money for the communication that would be paid in fact for nothing, he would come forward and state the part of the transaction in which he was concerned?

A. I believe he did.

Q. It was understood by the gentlemen of the Stock Exchange, was it not, that that communication of M'Rae's was supposed to extend to my Lord Cochrane's part in the transaction?

Mr. Gurney. What was understood cannot be asked.

Mr. Serjeant Pell. I ask as to what was said at the time, was it not said that M'Rae's communication was to affect Lord Cochrane's share in the transaction?

A. I do not recollect that that was stated.

Q. I think you stated that Mr. Holloway or Mr. Lyte distinctly asserted, that this business of theirs had nothing to do with that in which Lord Cochrane was concerned?

A. He did.

Q. Do you know what was the sum that it was stated M'Rae was to be a witness for, was not it so large a sum as £10,000?

A. That sum had been stated in a letter which passed?

Q. Was it not stated in the conversation?

A. I believe it was; but the subject of the communication of M'Rae was so little attended to by the Committee, that it never entered their heads that any such sum should be paid.

Q. Was there any letter, or any writing of Mr. Holloway's produced at the time?

A. I really cannot fix my memory.

Q. Have you any recollection of any letter of his having been produced at the time?

[Pg 160]

A. Certainly none that I can recollect.

Q. Do you not know that Mr. Holloway had written a letter to the Committee of the Stock Exchange upon this business?

A. I really do not know it; it may possibly have been.

Cross-examined by Mr. Park.

Q. This person Holloway was asked whether he had any connection with Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, and he denied it?

A. He did.

Q. Did he not, in the same conversation, deny that he had any connection, not only with those persons, but De Berenger also?

A. Certainly.

Q. That you dropped?

A. Yes, I did not mean to drop it.

Cross-examined by Mr. Alley.

Q. At the time this conversation passed between you and Holloway, M'Rae was not there?

A. He was not.

Q. It was all in his absence?

A. It was in his absence, it was in Mr. Lavie's office.

Lord Ellenborough. The evidence of course can operate only against Holloway and Lyte, who were there.

Mr. Joseph Fearn sworn.

Examined by Mr. Gurney.

Q. You are a stock broker?

A. I am.

Q. How long have you known Mr. Butt?

A. Several years.

Q. Were you introduced by him to Mr. Cochrane Johnstone and to Lord Cochrane.

A. Yes.

[Pg 161]

Q. In the month of February last, were you employed either by Mr. Butt or Lord Cochrane, or Mr. Cochrane Johnstone, to make any purchases for them in the funds?

A. Yes, I was.

Q. At that time where was your office of business?

A. No. 10, Cornhill.

Q. Was it No. 10 or No. 86, about the 12th of February?

A. I believe it was No. 86.

Q. Had Mr. Butt an office?

A. He had somewhere about that time an office in Sweetings Alley.

Q. From the 12th of February to the 19th of February, did you see Mr. Butt daily?

A. I think I did.

Q. At your office or at his?

A. Both.

Q. Did you generally see him alone, or in company with either of the other persons?

A. Frequently all three together.

Q. You mean Mr. Cochrane Johnstone, Lord Cochrane, and Mr. Butt?

A. Yes.

Q. When you did business for Lord Cochrane, did you in all instances take orders from him or from any person for him?

A. Sometimes from him, and sometimes from Mr. Butt.

Q. After you had acted for him upon the orders of Mr. Butt, did he recognize those orders?

A. Always.

Q. From the 12th till the 19th, did you make various purchases and sales for them?

A. I did.

Q. On the evening of the 19th, what balance had he in his hand; Lord Cochrane's transactions I believe were only in omnium?

A. No.

[Pg 162]

Q. The amount was £139,000, was it not?

A. Yes.

Q. That is to say, that he had that balance of omnium?

A. Yes.

Q. What balance of omnium had Mr. Cochrane Johnstone on that day?

A. £120,000.

Q. One hundred and twenty, or one hundred and thirty thousand?

A. I have not drawn out the balance here.

Q. What was Mr. Cochrane Johnstone's consol account on that day?

A. £100,000.

Q. How much had Mr. Butt of omnium at the same time?

A. I think about £160,000.

Q. Is not the omnium £130,000.

A. I should think more than that; I believe it was £154,000.

Q. How much his consols?

A. £168,000.

Q. On the morning of the 21st of February, did you sell them all?

A. I did.

Q. Omnium and consols and all?

A. Yes.

Q. On the morning of Monday the 21st, did you remove to any other office than that you had before occupied?

A. Yes, I did.

Q. Where was that office?

A. No. 5, in Shorter's Court.

Q. Is that close to the side door of the Stock Exchange?

A. Yes, it is.

Q. How many rooms were there?

A. Three.

Q. Had you one?

[Pg 163]

A. I had one and a small closet; Mr. Butt had another up stairs with Mr. Johnstone and my Lord Cochrane, and the ground floor was occupied by Mr. Lance.

Q. Was he a clerk of yours, or employed by them?

A. He was employed by them.

Q. Had you taken that office, or had it been taken for you?

A. Mr. Johnstone had taken his with one room or two rooms, I am not sure which.

Q. Had the office been taken for you, or had you yourself gone and taken it?

A. They had taken those two rooms, I believe, without intending to take any more; but as I was not pleasantly situated, and was rather too far from business, I wished to have an office there, if they could procure it; several of my friends went to look at it, and finding it convenient, I requested them to take the whole of it, if they could, in order that I might be accommodated.

Lord Ellenborough. Whom do you mean by friends, Mr. Cochrane Johnstone?

A. No, other persons for whom I did business.

Mr. Gurney. When was this done?

A. In the course of the week preceding.

Lord Ellenborough. When you say Mr. Cochrane Johnstone took a room for you, do you mean at this place?

Q. They had taken those two rooms, I believe, for themselves, without reference to my having any thing to do there.

Mr. Gurney. Did they afterwards take a third?

A. They afterwards took the whole that is in my possession.

Q. You have all of them in your possession now?

A. I have.

Q. On the morning of Monday the 21st of February, how soon did you see either of those gentlemen?

A. They were in the habit of being at the office as early as I myself attended.

[Pg 164]

Q. At your office in Cornhill?

A. Yes.

Q. How early did you see them at your office that morning?

A. I believe at about ten, or a little past.

Q. Whom did you then see.

A. I think, Mr. Butt and Mr. Johnstone.

Q. Are you positive upon that subject?

A. I am sure they were both there in the course of the morning.

Q. Are you positive whether any body else was with them?

A. No, I think nobody else.

Q. Business begins in the Stock Exchange I believe at ten o'clock.

A. Yes.

Q. At what price had consols for time left off on Saturday?

A. I can hardly say.

Q. Did they open on Monday morning pretty much as they had left off on Saturday evening?

A. I think they did.

Q. How soon after you had been in the Stock Exchange, did any good news come?

A. I think it was near eleven.

Q. What news had arrived?

A. I cannot take upon me to say; I only knew in general, with perhaps every body in the house in business, that there was some news, but we rarely enquire into particulars of news, it is enough that facts are produced.

Q. You were doing a good deal of business at that moment, and must have heard something of it; did you hear any thing about a messenger arriving at Dover?

A. I have heard so much since that, I cannot take upon myself to swear what I heard, whether that a messenger had [Pg 165]arrived at Dover, or that Bonaparte was killed, but one of the two certainly.

Q. Did you hear that Bonaparte was killed?

A. Yes.

A Juryman. Were those gentlemen with you at the time the news arrived?

A. They were—not my Lord Cochrane.

Mr. Gurney. Had the good news an immediate effect upon the funds?

A. Yes, it had.

Q. After the funds had begun to rise, did you sell?

A. I began to sell before the rise took place.

Q. What was the first price you sold at?

A. Omnium at twenty-nine and a quarter.

Q. That was the first price you sold at?

A. Yes.

Q. Do you mean to say that omnium opened that morning at twenty-nine and a quarter?

A. I rather think it did.

Q. However, the first price you sold at was twenty-nine and a quarter?

A. Yes.

Q. What was your next price?

A. £29-3/8, 29-1/2, and 30-1/2.

Q. At what did you sell the consols?

A. Beginning at 70-5/8ths, 71-1/4, 71-7/8ths, 72, and 72-1/4.

Q. In what manner did you receive instructions for these various sales; they were sold in different parcels?

A. Yes, I came frequently to my office from the Stock Exchange to Mr. Butt and Mr. Cochrane Johnstone.

Q. And you reported to them and received orders?

A. Yes.

Q. Did you receive notes likewise?

A. I was in the constant habit of doing so.

Q. Did you do so that morning?

[Pg 166]

A. I am not quite certain; but I am in the constant habit of receiving notes from them.

Q. Do you remember hearing in the course of the morning, of a post chaise coming through the city?

A. I did.

Q. Did that occasion a still further rise in the funds?

A. I do not know.

Q. Before business left off, the funds fell again?

A. They did.

Lord Ellenborough. About what o'clock did the funds fall?

A. I believe about two.

Mr. Gurney. It was discovered at that time that the good news was not true?

A. It certainly was not believed.

Q. Have you an account of the different purchases from the 12th to the 21st, taken from your books?

A. I have.

The Witness delivered in the Accounts.

Mr. Serjeant Best. From what are those taken?

A. From my books.

Mr. Gurney. Have you carried those accounts down to the 5th of March?

A. I have.

Q. Has Mr. Baily, also had access to your books, to take the different balances?

A. He has.

Mr. Gurney. The reading of this would not be very intelligible, a sight of it perhaps would be the best thing.

Lord Ellenborough. We must have the sum total or the results.

Mr. Gurney. I will give your Lordship the result after the examination of several stock brokers; Mr. Baily has abstracted the whole.

[Pg 167]

Mr. Serjeant Best. I shall carry back the accounts considerably earlier; that should be understood. If I put in accounts of an earlier date, it must not be considered that I am giving evidence in so doing.

Mr. Gurney. I take it the same, as if my learned friend cross examined Mr. Fearn upon that subject.

Cross-examined by Mr. Serjeant Best.

Q. You have spoken of these gentlemen engaging in stock transactions, you have been carried back no further than February the 8th, they had all three of them bought to an enormous amount long before that time—had they not?

A. Certainly.

Q. And as to sales, had they not sold very large sums, long antecedent to the month of February?

A. Oh yes.

Q. Can you state as to my Lord Cochrane, for instance, had he not sold hundreds of thousands before that time?

A. Yes.

Q. I would ask you, did he not from time to time, down to that time, continue to be selling large sums?

A. Yes.

Q. With respect to Mr. Cochrane Johnstone—on the 10th or 11th of February, had he not a balance of £100,000.

Mr. Gurney. To save my learned friend time, my account shews every day's purchases, and every day's sales from that time.

Mr. Serjeant Best. Be so good as to look at that printed paper, and tell me whether that is not a correct statement of Mr. Cochrane Johnstone's account with you.

A. I cannot tell from this book.

Mr. Gurney. I believe the accounts will agree to a farthing, from the time they each begin.

Mr. Serjeant Best. Then the larger sales will appear upon this paper without troubling his Lordship to take them [Pg 168]down upon his notes; there were very large sales for all of them several days precedent to the 21st.

A. Yes, there were.

Q. I believe they began these speculations as early as the month of November, did they not?

A. Yes.

Q. Mr. Butt managed principally—very much for these gentlemen—for Lord Cochrane particularly?

A. Yes, he did.

Q. Lord Cochrane, you have told us, was not there on the morning of the 21st?

A. No, he was not.

Q. For a great many days, I believe I may say months, had you not been directed to sell their stock whenever it should so rise, that you could get one per cent?

A. Yes.

Q. You have told us that on the morning of the 21st, you began to sell before the news came?

A. Yes.

A Juryman. He said before the rise took place.

Mr. Serjeant Best. You found when you came there in the morning, that the stocks had got to such a pitch as that you could sell consistently with the orders they had given you?

A. It was so.

Lord Ellenborough. At what hour was that?

A. Ten o'clock.

Mr. Serjeant Best. Did you not sell out very large sums before either of them came near the place that morning?

A. I think I had began to sell before they came, but I cannot say positively.

Q. Had you not sold to a considerable amount, if you can tax your memory with it, or refresh your memory by looking at any book?

A. I think I had.

[Pg 169]

Q. Can you tell us to what amount you had sold before any of them came?—I do not ask to a few shillings, we deal in thousands here.

A. I cannot positively say—I had done much before I saw either of them, for I was in the habit of doing twenty or thirty and reporting to them.

Q. Do you mean thousands?

A. Yes.

Q. You think you had sold considerably before you saw them?

A. I think I had.

Lord Ellenborough. Cannot you fix the time of your sale?

Mr. Gurney. I shall prove the prices every half hour.

Mr. Serjeant Best. I am not at all conversant in those things, never having speculated in stock at all, but I am told it is the practice sometimes to sell stock which the persons have not to transfer?

A. I have heard of such things.

Q. Consequently, if I had been at the Stock Exchange that morning, and had found the Omnium up at 34, which I believe it was that morning——

Mr. Bolland. No, thirty two.

Mr. Serjeant Best. If I had been at the Stock Exchange that morning, and had found the Omnium up at 32, and had known that the good news must soon turn out to be all invention, I might have sold if I had liked, a million of stock, according to the practice of the Stock Exchange, though I did not happen to have a sixpence.

A. It certainly might have been done.

Q. Is it not the practice for a man who wishes to gamble in the funds, to sell stock which he has not, when he thinks they will fall?

A. I know it is done.

Q. A man who thinks the stocks may fall, may sell stock he has not, to any person who thinks they may rise?

A. It certainly is done.

[Pg 170]

Q. Did either my Lord Cochrane, Mr. Cochrane Johnstone or Mr. Butt, make any such sales on that day to your knowledge, you having stated you were their Broker—do you know of their having sold on that day any stock which they had not purchased before?

Lord Ellenborough. Are you not putting this gentleman in a situation of peril?

Mr. Serjeant Best. If he admits it.

Lord Ellenborough. Why should you place him in such a situation to deny or affirm? This does not affect the charge.

Mr. Serjeant Best. I ask whether it was done by those persons?

Lord Ellenborough. But that would be done through a broker.

Mr. Taddy. If your Lordship will allow me to suggest on behalf of the witness, that in an action for the penalties, the question would be whether he knew they were possessed of the stock, or not, and this would go to make out his knowledge.

Mr. Serjeant Best. Do you know whether either of those persons on that day sold any stock or omnium, which they had not purchased before?

Lord Ellenborough. That question must be limited to any thing in which you have not had participation in the way of sale, otherwise you may criminate yourself—having given you that caution, you may do as you please.

A. They did not.

Lord Ellenborough. That is not imputed to them.

Mr. Serjeant Best. The use I mean to make of it I have no objection to state now.

Lord Ellenborough. No, you need not, I leave it entirely to your judgment.

Mr. Serjeant Best. I think you told us before, those gentlemen told you, whenever the stock rose to one per cent, above what they had bought at, to sell.

A. Yes, they did.

[Pg 171]

Q. With respect to the taking of this office, when did you first see it?

A. In the course of the week anterior to the 21st of February.

Q. Mr. Butt had before an office in Sweeting's Alley.

A. Yes.

Q. He found that an inconvenient one and he took these rooms in Shorter's Court, he and Mr. Johnstone?

A. Yes.

Q. Those were taken for Mr. Butt, were they not?

A. I believe so.

Q. I believe you went to the rooms as to the rooms of Mr. Butt?

A. I did.

Q. I believe you thought upon seeing Mr. Butt's room, that the situation was a very convenient one for yourself?

A. Yes.

Q. And therefore you suggested, did you not, that you should like a room in the same house?

A. I think I did.

Q. In consequence of this suggestion did not Mr. Butt give up to you the room he had taken for himself, and take another in the same house for himself?

A. Yes, he did.

Q. And the room being taken in this manner, you put up your name "Fearn, Stock Broker."

A. On the Monday.

Q. Did you do that at your own idea or was it suggested to you by any body?

A. It was the same transparent blind I had at my former office, which I removed and put in the window.

Q. Your name in gold letters?

A. In black letters.

Q. You took your furniture?

[Pg 172]

A. The rooms were furnished.

Q. I believe after thus finding your Customers liked the situation, you desired Mr. Johnstone to purchase the lease of the house for you.

A. Yes, I did.

Q. Was that before or after the 21st?

A. I think after.

Lord Ellenborough. Then that does not apply.

Mr. Serjeant Best. You had taken it before the 21st and got into possession on the 21st.

A. Yes.

Q. One of your reasons for taking it was that some of your customers were particularly pleased with it.

A. Yes.

Q. That was on the Thursday in the week before.

A. I believe it might be.

Q. You have told us you did not see Lord Cochrane on that morning, how many days previously to that had you seen him?

A. I think I saw him on the Saturday.

Q. You are not quite certain of that?

A. No, I am not.

Q. Does it appear whether he bought any thing on that day.

Mr. Gurney. It appears from the account that he bought 20,000 and sold 17,000.

Mr. Serjeant Best. You have told us that all those three persons, Mr. Cochrane Johnstone, Lord Cochrane, and Mr. Butt, were very large speculators; did they always speculate the same way, or on the contrary, when one bought did not the other very often sell?

A. It has been the case.

Q. Has not that happened often, several times?

A. Yes it has, several times.

[Pg 173]Re-examined by Mr. Gurney.

Q. On that day they all sold?

A. Yes they did.

Q. They all acted together on that day.

A. Yes they did.

Q. Where did Lord Cochrane reside on the 21st of February?

A. I do not know.

Q. How soon after did you know his residence in Green-Street?

A. Not at all until the printed paper of the Stock Exchange came out.

Q. Did you know that Lord Cochrane resided at the time in Green-Street?

A. Only by report.

Q. Not from Lord Cochrane?

A. No.

A Juryman. You say they did not sell any stock but what they had before purchased, do you mean such as they had bought and paid for, or only such as they had contracted for the purchase of, was it actually bought and transferred to them?

Mr. Taddy. That is the very thing I have taken the liberty of suggesting to your Lordship.

Lord Ellenborough. He has before said they had not sold any of which they had not become the proprietors before, so that he is predicating of them that they had purchased this, for they could not otherwise become proprietors.

A Juryman. Is it not a purchase for time altogether, are they not all time bargains both the omnium and the stock?

A. This is one of those questions I cannot answer.

Lord Ellenborough. Gentlemen, he objects to answering the questions as it may criminate him, but the offence charged may have an effect upon the funds, in which not only these individuals are concerned, but every person who has transactions [Pg 174]in Stock, the persons belonging to the Court of Chancery, who have to purchase or sell, may be influenced by an improper elevation or depression of the funds, that does not affect the question as to the crime charged upon this record, you will consider Mr. Gurney whether you will persist in the questions, because this man demurs to the answering the questions, being a party in the transaction.

Mr. Gurney. You do decline answering that question?

A. Yes I do.

Mr. Robert Hichens sworn.

Examined by Mr. Gurney.

Q. I believe you are a Stock-Broker?

A. Yes I am.

Q. Have you for some years past known Mr. Cochrane Johnstone?

A. Yes.

Q. I believe you have not done business for him till the present year?

A. No.

Q. From the 8th of February to the 19th did you make various purchases for him.

A. Yes I did.

Q. At the leaving off of the business on Saturday what was the balance.

A. £250,000.

Q. That was all omnium.

A. Yes it was.

Q. Have you taken from your books a statement of the business you did?

A. I have memorandums that will enable me to answer any questions.

Q. Has Mr. Baily from your books taken an account of purchases and sales?

A. I furnished Mr. Baily with a copy of it.

[Pg 175]

Mr. Gurney. Then through Mr. Baily I will give all the particulars of it.

Lord Ellenborough. Whether purchased with money or no they take upon themselves the disposition of that fund, shewing that they had an interest in the rise and fall of the funds, and that they sold on the Monday and gained a profit.

Mr. Gurney. Yes my Lord. On Monday morning the 21st how soon did you see Mr. Cochrane Johnstone?

A. I think between ten and eleven I cannot say exactly.

Q. Where did you see him?

A. I think I met him as I was coming out of the Stock Exchange.

Q. How near ten or eleven?

A. I think it must have been about a quarter before eleven but I cannot say positively.

Q. Did you receive any directions from him as to what you were to do with respect to the omnium?

A. I received an order from him on the Saturday, to sell £50,000 at one per cent. profit, and that I had sold before I saw him.

Q. At what had you sold it?

A. At 29.

Q. Did he give you any further instructions what to do with the remainder?

A. He then ordered me to sell a certain quantity at an eighth per cent more.

Q. In short did you sell the whole of it that day by his directions?

A. I did.

Q. At what prices?

A. At 29, 29-1/8, 29-1/2, 30-3/4, and 30-7/8.

Lord Ellenborough. At those different prices did you dispose of the whole which Mr. Cochrane Johnstone held on that 21st.

A. Yes.

[Pg 176]

Q. At one or other of those prices.

A. Yes.

Cross-examined by Mr. Topping.

Q. Can you tell me what was Mr. Cochrane Johnstone's balance on the 15th?

A. I think £465,000.

Q. On the 16th how much was that reduced?

A. On the 16th I sold £200,000.

Q. Reducing the balance of course to £265,000.?

A. Yes.

Q. Upon the 17th what did you sell?

A. On the 17th I bought £50,000. and sold £115,000. reducing the balance to £200,000.; on that Saturday I bought £50,000.

Q. And you had his directions upon that Saturday to sell at one per Cent.?

A. To sell £50,000. at one per Cent. profit.

Q. And you had done that before you saw Mr. Cochrane Johnstone at all?

A. Yes, I had.

Mr. William Smallbone, sworn.

Examined by Mr. Gurney.

Q. You are a Stock-broker, I believe?

A. Yes.

Q. Did you shortly before the 21st of February make any purchases for Mr. Cochrane Johnstone?

A. Yes.

Q. You had made two purchases only, I believe, the 12th and the 14th?

A. Yes, only two purchases of £20,000. each.

Q. When did you sell them out?

A. On the 21st of February.

Q. At what did you sell them out.

A. 28-1/8, 29-1/4, and 29-1/2.

[Pg 177]

Q. By whose order did you sell them out?

A. I sold Mr. Johnstone's by his order; I sold Mr. Butt's by his order.

Q. Was that order from Mr. Cochrane Johnstone received on the Monday, or before the Monday?

A. In part it was received on the Monday, but a part on the Saturday.

Q. You had also, I believe, made purchases in Omnium for Mr. Butt?

A. I had.

Q. To the amount of £40,000 I believe?

A. Yes.

Q. Was that £40,000 left as a balance on Saturday the 19th?

A. Yes.

Q. And all sold out on the Monday?

A. Yes, all sold on the 21st.

Q. Have you given Mr. Baily a statement from your books of that?

A. Yes.

Q. And of the prices at which it was sold?

A. Yes.

Lord Ellenborough. Now what is the result of all these accounts?

Mr. Gurney. I am going to call one person more, and then I will give your Lordship the totals.

Q. You had bought for Mr. Cochrane Johnstone, £40,000, and on that 21st you sold it all?

A. Yes.

Q. You had bought for Mr. Butt £40,000, and on the Monday you sold it all?

A. I sold it all on Monday.

Lord Ellenborough. If he sells all the sum is immaterial, if you prove that he sold all of the several amounts, it furnishes a constructive motive for what has passed.

[Pg 178]Cross-examined by Mr. Scarlett.

Q. When was it you had purchased the £40,000 for Mr. Cochrane Johnstone?

A. On the 12th and the 14th.

Q. Did Mr. Johnstone send you the order to purchase it?

A. Yes.

Q. Was it upon his own account?

A. No, it was upon his own account, the order was from him.

Q. But not upon his own account?

A. No, it was not.

Q. Was the whole £40,000 purchased at two different times?

A. Yes, it was.

Q. You stated to my learned Friend, that he gave you an order to sell a part of it on Saturday?

A. Yes, he gave me an order on Saturday.

Q. What was it?

A. To sell at a quarter profit if I had an opportunity.

Q. I take for granted that opportunity did not occur on the Saturday?

A. No, it did not.

Q. Otherwise you would have sold it on the Saturday?

A. Certainly.

Q. On the Monday you say he gave you an order as to the other £200,000?

A. Yes.

Q. Had you sold the first £20,000 before you saw him on the Monday?

A. Yes, I had.

Q. At what time in the morning had you sold it?

A. I think about half past ten.

Q. When did you first see Mr. Johnstone?

A. I saw him soon after I had sold out, between ten and eleven.

[Pg 179]

Q. His order had been confined to £20,000 on the Saturday?

A. Not exactly to £20,000; if I saw an opportunity of selling any at a quarter profit I was to sell.

Q. When you saw him on the Monday, did he then order you to sell the remainder?

A. Yes.

Q. Did you sell it immediately.

A. As soon as an opportunity offered to sell it at a profit.

Q. Was that early in the day?

A. Yes, about eleven I believe.

Q. When was it that you first heard any rumour of good news in the morning?

A. Soon after the market opened, between ten and eleven.

Q. You say you had purchased £40,000 for Mr. Butt?

A. Yes.

Q. When was that?

A. The 12th, 14th, and 18th of February.

Q. Different sums on those days?

A. Yes.

Q. Had you any order from Mr. Butt as to the sales?

A. To sell whenever I saw an opportunity of selling at a quarter profit, or three eighths as the circumstances might allow.

Q. How long have you known Mr. Butt?

A. About six months.

Q. Had you had any transactions with him before in that way?

A. Yes.

Q. He had occasionally employed you?

A. Yes, he had.

Q. Who introduced you to Mr. Johnstone?

A. Mr. Johnstone was in Mr. Butt's office when I first saw him there in Sweeting's Alley.

[Pg 180]

Q. It was through Mr. Butt you became acquainted with Mr. Johnstone?

A. Yes, it was.

Q. If any person had known that this news was false, and had been disposed to be a bear, he might have made his fortune by selling that day, might not he?

A. Certainly.

Q. By selling for account?

A. Certainly.

Q. You had no directions from either of those Gentlemen to sell more than they had bought that day?

A. No I had not.

Cross-examined by Mr. Richardson.

Q. You stated to my learned Friend that you had bought large quantities of Omnium on account of this Gentleman, had any of it been paid for.

A. Shall I answer that question my Lord?

Lord Ellenborough. If the Witness looks at me I must tell him he need not answer any question that implicates him in a crime.

Mr. Richardson. You decline answering that question?

A. Yes, I do.

Q. You will decline answering any other questions that you think implicate yourself.—Were any of those purchases real purchases for stock transferred, or on account?

A. It was for Omnium—that cannot be transferred.

Q. You spoke of Consols?

A. No this was Omnium.

Q. Was it all bought or paid for, or on account?

A. I decline answering that question.

Q. With respect to the Consols had any of them been paid for or transferred?

A. I had no Consol account.

[Pg 181]

Mr. Richardson. I will state to your Lordship the object I have in that; I submit it is incumbent upon the prosecutors to prove in support of the allegations of their indictment, which charge a conspiracy for the purpose of enabling Mr. Cochrane Johnstone and the other gentlemen, to sell divers large sums of Government Securities, and so on, that they had an interest in those Government Securities.

Lord Ellenborough. That applies only to the two first counts.

Mr. Gurney. If I leave my case imperfect, my learned friends will take advantage of it.

Lord Ellenborough. It does not apply to the third count, certainly there is a particularity which is quite unnecessary in the others; it states that by certain devices and contrivances they endeavoured to raise the price of the funds, to the prejudice of His Majesty's subjects, to an undue elevation, and so on, there is enough to let in the general evidence.

Mr. Gurney. And there is enough in the first count, independently of the sales.

Mr. Richardson. The first count states this to be to enable these gentlemen to sell Omnium, and Three per Cent. Consols, at larger prices than they would otherwise have sold for; I submit to your Lordship, that in support of that it is for the prosecutors to shew that they had such to sell?

Lord Ellenborough. That will be an observation at the close if they leave their proof imperfect; perhaps I accede to you, but that would only apply to one count, they have six more counts, I do not say that they are all safe counts, but you will see what they propose taking their verdict upon.

Mr. Malcolm Richardson sworn.

Examined by Mr. Gurney.

Q. I believe you are a bookseller and also act as a stock broker.

[Pg 182]

A. I am.

Q. You are not a Member of the Stock Exchange.

A. No, I am not.

Q. In the afternoon of Saturday the 19th of February, did Mr. Butt, make any application to you on the subject of stock.

A. On the morning of that day.

Q. What did he apply to you to do?

A. He applied to me to purchase a quantity of Omnium.

Q. How much did he mention?

A. He mentioned on the first instance as much as £150,000.

Q. What answer did you give to that?

A. I hesitated to execute such a commission as that to that extent.

Q. How much did you purchase for him?

A. £20,000.

Q. On that Saturday?

A. Yes, in the morning I speak of.

Q. What did you do with that £20,000?

A. I received instructions to sell it again, if I could get a quarter per cent profit.

Q. Did you get a profit and sell it again?

A. In a short time I did get three-eighths per cent profit, and consequently sold it again without waiting for instructions.

Q. Did you then by his instructions make any further purchase for him?

A. I did in the latter part of that day purchase first £20,000 and then £10,000.

Q. On the morning of Monday the 21st did you sell out that £30,000?

A. I did.

Q. In pursuance of instructions received on the Saturday or on the Monday?

A. On the Saturday, at the time I saw him.

Q. At what profit did you sell?

A. At three-fourths per cent profit.

[Pg 183]

Q. What was the price?

A. 28-1/4.

Q. Have you given the account of this to Mr. Baily?

A. Yes I have.

Cross-examined by Mr. Brougham.

Q. You were partner with Mr. Fearn, Senior, Mr. Butts, broker, were not you?

A. Yes, formerly I was.

Q. Did you not apply to Mr. Butt, stating that you had a wife and family, and wishing him to give you some employment.

A. Mr. Butt had been known to me ten or twelve years, and known to Mr. Fearn, Senior, only as being one of my customers in the book line.

Q. Did you not apply to Mr. Butt yourself to ask him to serve you.

A. Not upon this occasion at all.

Q. Will you hear the question first, and then answer it. Did you never before this apply to Mr. Butt to give you some of his business?

A. Yes I did.

Q. And he did give you some of his business upon this day?

A. He did.

Cross-examined by Mr. Richardson.

Q. Was any of the Omnium bought for Mr. Butt, paid for?

A. I would rather decline answering that.

Mr. Francis Baily called again.

Examined by Mr. Gurney.

Q. These gentlemen have informed us that they have furnished you with the exact statements of all the purchases [Pg 184]and sales; have you drawn out from their statements the purchases and sales, and the daily balances of each?

A. I have. It may be necessary to state, Mr. Richardson has not furnished me with a written account, but I have taken it down now from his own mouth.

Q. Have you from that made out a general statement of the several accounts containing the daily purchases, the daily sales, and the daily balances?

A. I have.

Q. For Mr. Cochrane Johnstone, Lord Cochrane, and Mr. Butt?

A. Yes.

The account was delivered in and read, as follows;—

[Pg 185]

Q. What appears at last to be the gross balance held by each of them on the 19th February; what is Mr. Cochrane Johnstone's balance of Omnium from all those different accounts, on the 19th February?

A. £420,000.

Q. Now state Mr. Cochrane Johnstone's Consol Account.

A. £100,000.

Q. What was the balance of Lord Cochrane's Omnium account?

A. £139,000.

Q. Now state Mr. Butt's.

A. £200,000.

Q. And it appears, I see, that there were £24,000 sold too much on the Monday.

A. Exactly so; there was that quantity sold more than he had purchased.

Q. What was Mr. Butt's Consol Account?

A. £178,000, and he sold only £168,000.

Lord Ellenborough. Then there was £24,000 too much of his Omnium, and £10,000 too little of his Consols sold?

Mr. Gurney. Exactly so. Now what was the gross amount of their account of balances on that day?

A. £759,000 Omnium, and £278,000 Consols.

Q. As we are not so well acquainted with Omnium as you are, if that were reduced to Consols what would they have amounted to?

A. It may be necessary to state, that every thousand pounds Omnium consists of £1100 Reduced and £670 Consols, therefore the whole amount of that would be £1,611,430 three per cents.

Q. Now upon that amount, what would the fraction of a single eighth per cent. be?

A. £2014:5:9.

Lord Ellenborough. The whole of this fund was cleared on [Pg 186]the 21st, except £10,000 Consols, and it was oversold by £24,000 Omnium?

A. Exactly so.

Mr. Gurney. Have you calculated from the accounts, the profits made by those sales of the 21st?

A. I have.

Q. To what does it amount?

A. Exactly £10,450.

Q. That is the total of the three. Can you give me the proportion of each?

A. For Lord Cochrane £2470, Mr. Cochrane Johnstone £4931:5, Mr. Butt £3048:15.

Q. From the state of the market on the morning of the 21st if no news had arrived such as raised the funds on that day, could any persons have sold this large quantity of Omnium and Consols without very much depressing the market?

A. I should think not certainly.

Q. Do you remember at what price Omnium left off on Saturday the 19th?

A. I have referred back to the books; I cannot state from my own memory.

Q. Have you the books here?

A. No; they are the books of the Stock Exchange.

Q. Mr. Wetenall's accounts?

A. Yes.

Q. How soon after the business at the Stock Exchange began on the morning of the 21st did the news arrive there?

A. I should think in about half an hour after, but I really am not quite certain to that point.

Lord Ellenborough. The business begins at ten, I believe?

A. Yes.

Mr. Gurney. As soon as the news came, had it a sensible effect on the funds?

A. Yes; a gradual effect, according as the report was believed.

[Pg 187]

Q. Do you remember after some time whether there was any check or decline?

A. Yes; there was about the middle of the day.

Q. I mean the first decline.

A. Yes; afterwards they recovered.

Q. To what was that recovery owing?

A. It was generally attributed to the news that came through the city.

Q. You mean the chaise coming through the city?

A. Yes; it was generally believed it was a confirmation of the former report.

Q. Did that second rise which took place upon the chaise going through the city, extend still higher than it had been on the report of the arrival of the messenger?

A. I think it did.

Cross-examined by Mr. Park.

Q. You are not under the same restraint as the other persons are, can you tell us whether these were real transactions, or only fictitious ones which daily take place at the Stock Exchange?

A. The accounts which were given in, I think were given in for time, but I have only taken out the figures.

Lord Ellenborough. I should imagine the witness would say that from the magnitude of the accounts he would think they were for time?

A. Certainly.

Mr. Park. I want to know, for I have never had Omnium in my life, whether you are not competent to say from your knowledge of these accounts, that these are all what they call time bargains?

A. There is nothing stated upon the face of these accounts as to what days the purchases are made for; possibly they may be for time.

[Pg 188]

Q. I ask you whether from your knowledge of these accounts and the investigations you have made, they are not time bargains?

Lord Ellenborough. He has no personal knowledge of them, he can know nothing but from the magnitude of the sum, he may suppose they must have been time bargains.

A. Certainly; there is nothing upon the face of the accounts to lead to any such conclusion.

Mr. James Wetenall, sworn.

Examined by Mr. Gurney.

Q. I believe you are employed by the House to take the prices of the day at the Stock Exchange?

A. I am.

Q. At what price did Omnium leave off on Saturday the 19th of February?

(The Witness referred to a paper.)

Mr. Serjeant Best. Where do you get those accounts from?

A. I collect them from the Stock Exchange.

Mr. Gurney. Do you go about all day long taking the prices?

A. I collect them at different times in the course of the day.

Q. You go about taking an account from all the persons who are there?

A. I take them from different persons who are in the market.

Mr. Serjeant Best. This is a printed paper?

A. Yes.

Mr. Gurney. It is printed under your directions, I believe?

A. Yes.

Q. Is your original paper destroyed?

A. It is.

Q. Is this paper a copy from that of yours?

A. Yes.

[Pg 189]

Mr. Serjeant Best. Did you ever compare this with the paper on which you took down the prices?

A. Yes.

Q. Where do you get the contents of your written paper?

A. From the gentlemen in the Stock Exchange.

Mr. Serjeant Best. I submit that this paper cannot be evidence. The Witness states that he collects from the gentlemen in the Stock Exchange, the prices at which they buy and sell, from time to time, in the course of the day; he says he compares this printed paper with the original written paper; I am not objecting to that, but I submit, the written paper itself could not be evidence.

Lord Ellenborough. It is all hearsay, but it is the only evidence we can have; it is the only evidence we have of the price of sales of any description. I do not receive it as the precise thing, but as what is in the ordinary transactions of mankind received as proper information, and I suppose there is hardly a gentleman living who would not act on this paper.

Mr. Gurney. At what price did Omnium leave off on Saturday the 19th of February?

A. 26-3/4.

Lord Ellenborough. Do you furnish the Bank with these papers?

A. Yes.

Mr. Gurney. Was that 26-3/4 the money price or the time price?

A. The money price.

Q. The time price, I believe, is about one per cent. higher?

A. In general.

Q. At what price did Omnium commence on the Monday following?

A. 26-1/2.

Q. That is the money price?

A. The money price.

Q. Therefore the time price was 27-1/2?

A. I did not take the time price.

[Pg 190]Q. After this news arrived what did it get up to?

A. As high as 30-1/4.

Q. At what time was that?

A. That is impossible for me to say.

Q. How soon did it get up to 30-1/4?

A. I cannot say; it did rise to that by degrees.

Q. Did it stand at that, or rise or fall?

A. It fell by degrees to 30, and from that to 28.

Lord Ellenborough. So that the rumour had a continuing effect to the close of the day?

A. Yes.

Mr. Gurney. Did it fall back so low by one and a half as it began in the morning?

A. No.

Cross-examined by Mr. Serjeant Pell.

Q. Do you remember at what time in the course of the day the report came to the Stock Exchange, of a chaise coming through the city?

A. I cannot say at what time it was.

Q. Then perhaps you cannot tell whether or not the Stocks rose again upon any report of that kind arriving there?

A. According to my recollection the Stocks rose a second time; they rose at first, then they fell, and then they rose again.

Q. But you cannot tell at what time that was, or to what cause it was attributable?

A. It was attributable to a chaise arriving.

Q. You remember that?

A. Yes.

Q. See whether you cannot remember how long it was after the opening of the business of the day that they so rose; might it be three hours afterwards?

A. It was in less than three hours, I think.

[Pg 191]

Q. It was less than three hours that they rose the second time you mean?

A. Yes; the second time.

Q. Have you a distinct recollection of this. Though you cannot remember the precise point of time at which it took place, have you distinct recollection that they rose at first, then fell, and then rose again.

A. Yes; I have a perfect recollection of that, but I cannot tell the time.

Cross-examined by Mr. Park.

Q. How often in the course of the day do you take that account?

A. Not at any particular stated times.

Q. You have nothing to do with buying or selling stock, I presume.

A. Not on my own account.

Q. But you are a Stock Broker?

A. I am.

Q. Then when you are not otherwise employed you fill up that paper from time to time?

A. No; if I perceive there are any particular fluctuations, I then make it my business to collect the prices.

Q. Do you mean to represent that the Stocks had not risen from what they ended at on Saturday before any news came to the Stock Exchange; had not they risen considerably that morning?

A. I think not, because if I recollect, there were reports in the morning that news had arrived.

Q. We have heard from some gentlemen that they sold stock as soon as the Stock Exchange opened; now I ask whether stock had not been sold at a rise before the news arrived?

A. Yes.

[Pg 192]

Mr. Gurney. But you say before the market opened there were some reports of a Messenger having arrived?

A. Yes.

Mr. Charles Addis, sworn.

Examined by Mr. Gurney.

Q. Have you a house in Shorter's-court?

A. No, I have not; I am concerned for a gentleman who has some property there.

Q. You have the letting of a house for a gentleman there?

A. I have.

Q. Was any application made to you in the week prior to the 21st of February for any part of that house?

A. Yes, on the 15th or 16th, I think Mr. Cochrane Johnstone applied to me for an Office in a house, the letting of which was under my management.

Q. What number in Shorter's-court did he finally fix upon?

A. It is number 5, the house almost immediately adjoining the Stock Exchange.

Q. Did he on that day take any part of the house of you?

A. He took one room for an office in that house on that day.

Q. The house in which Mr. Fearn is now?

A. Yes.

Q. How soon did he take any more?

A. He called on the following day and engaged another office.

Q. That was the 16th then?

A. I believe it was the 16th, I will not be positive, and he called on the following day the 17th, being the third time.

Q. Did he, when he called on the 17th, write that letter in your office (handing it to the Witness.)

A. This is a letter he left in my absence in the office, on which day I cannot say, but this was a letter that he left for me.

[Pg 193]

Q. That was on the third day after he had engaged the three offices?

A. Yes.

Q. He had then engaged all three?

A. Yes.

Q. Are they three rooms in the same house?

A. Three rooms in the same house.

Q. (To Mr. Fearn) Is that letter Mr. Cochrane Johnstone's hand writing? (handing it to the Witness.)

A. I believe it is.

It was delivered in, and read as follows:—

Cross-examined by Mr. Serjeant Best.

Q. I believe he took the first room for Mr. Butt expressly?

A. Yes; and gave me a reference to him at Mr. Fearn's, who then lived in Cornhill.

Q. And the next time he came he said he wanted it for Mr. Fearn?

A. No; he said then he wanted it for Mr. Butt.

Q. And the third time he said he wanted it for Mr. Fearn?

A. Yes.

[Pg 194]

Q. Mr. Fearn has now the whole.

A. Yes.

Mr. James Pilliner, sworn.

Examined by Mr. Gurney.

Q. Are you a Stock Broker?

A. Yes.

Q. Prior to the 21st of February had you made any purchases for the Defendant Holloway, in Stock or Omnium?

A. I had, in both.

Q. How much of either was he possessed of before business began on Monday the 21st of February?

A. £20,000 Omnium and £20,000 Consols.

Q. Did you sell that out on that Monday?

A. I sold £20,000 Omnium and £14,000 Consols.

Mr. Serjeant Pell. Does your Lordship think, in consequence of what you have suggested already, that the Witness is bound to answer to the nature of the stock?

Lord Ellenborough. I am not apprized whether it is a real sum or not at present.

Mr. Serjeant Pell. The reason I now interpose is, that if this should turn out to be a transaction which was not real, the Witness would not be bound to answer any question respecting it, because it may tend to criminate himself, and involve him in penalties. The mere circumstance of his having sold stock at all that day, supposing it not real stock, would warrant him in declining to answer these questions.

Lord Ellenborough. Whether he sold any thing is a link in the chain, or else you might exclude all the transactions of the day, because they might ultimately connect with the vicious sale.

Mr. Serjeant Pell. Suppose it should turn out to be a time bargain, these questions would be material to convict this person of an offence, the amount sold would be very material; therefore if he is not bound to answer the last question——

[Pg 195]

Lord Ellenborough. I do not prohibit him; I am only to tell him that if these are bargains which are against law, he is bound to know the law, and if it would involve him in any penalty he need not answer the question.

Mr. Serjeant Pell. All I would request then is, that your Lordship would now suggest to the Witness that he need not answer any question that will tend to criminate himself.

Lord Ellenborough. If it will convict you in penalties, you are not bound to answer any question.

Mr. Serjeant Pell. I was only taking the liberty to suggest that that admonition may be given in the early part of the examination.

Lord Ellenborough. I cannot tell a witness he is not bound to answer a question, until I see that it has some bearing and probable tendency to accuse him; otherwise I must rummage all the statute books for penalties to put the witnesses on their guard—I must not only carry all the penal laws in my head, but mention them to every witness who comes before me upon any subject.

Mr. Gurney. Did you see Mr. Holloway on the morning of the 21st?

A. Yes I did.

Q. Did he give you any directions?

A. I beg to decline answering that question.

Mr. Gurney. I submit to your Lordship he is not at liberty to decline answering that question.

Lord Ellenborough. You may answer that question. Did he give you any directions?

A. He did.

Mr. Gurney. What to do?

A. I must beg to decline answering that question.

Lord Ellenborough. You need not answer to what you did; but you must state what he proposed to you to do, unless you did it afterwards, and the having done it would involve you in a penalty.

[Pg 196]

Mr. Gurney. What did he give you directions to do?

A. To sell stock.

Q. Was it to sell all he had, or part of what he had?

A. To sell all.

Q. At what time on Monday was it?

A. About the middle of the day.

Cross-examined by Mr. Serjeant Pell.

Q. What is Mr. Holloway?

A. A wine merchant.

Q. Where does he live?

A. In Martin's-lane, Cannon-street.

Q. Have you known him any time?

A. I have known him upwards of twenty years.

Q. How long have you acted for him as his broker?

A. Perhaps two years.

Mr. James Steers sworn.

Examined by Mr. Gurney.

Q. Are you Stock Broker to the Accountant General of the Court of Chancery?

A. I am.

Q. Did you as broker to the Accountant General, make purchases on Monday the 21st February?

A. I did.

Q. At what prices?

A. I made purchases to the amount of £15,957:10:8, at 71-5/8 per cent.

Q. Consols I suppose?

A. Yes, I have got them down in various sums.

Q. Was that the high price of the day, or the price at which stock opened in the morning?

A. I got to my office I think about eleven o'clock, or a little before, I took the orders from the Accountant General's office.

[Pg 197]

Q. At what time did you begin making your purchases?

A. I think from eleven to a quarter after eleven.

Q. Had the news then considerably raised the Stocks?

A. It had.

Lord Ellenborough. Is that all you did that day?

A. That is all I did that day.

Mr. Gurney. Did you do business for any body besides the Accountant General on that day?

A. I cannot speak to any thing but what I did for the Accountant General.

Lord Ellenborough. Though you cannot speak to any thing else in precise sums, do you recollect that you did buy for any body else on that day besides the Accountant General?

Q. I can speak to an entry on my books on that day, but I cannot say whether I did the business myself. I do not recollect doing any thing else myself besides that bargain.

A Juryman. At what price could you have bought that lot of Consols on Saturday?

A. I can state the purchases I made on Saturday to the Court; I purchased on Saturday the 19th for the Accountant General £6894:11:4 at 70 per Cent.

Mr. Gurney. I have called for Lord Cochrane's Affidavit, it is admitted by my learned friends that notice has been given to produce it, and it is not produced.

Mr. John Wright sworn.

Examined by Mr. Adolphus.

Q. Where do you live?

A. At No. 5, Panton-square.

Q. Do you know where Lord Cochrane lives?

A. At No. 13, Green-street, Grosvenor-square.

Q. Had you occasion to see Lord Cochrane in February or March last?

A. Almost every day in February and in March last.

[Pg 198]

Q. In the course of that time did he deliver in a paper to you?

A. Yes he did.

Q. What was it?

A. He delivered several papers to me.

Q. What was done with that? (shewing a paper to the witness.)

A. Lord Cochrane brought me that affidavit for the purpose of getting it inserted in the newspapers.

Q. Did you do so?

A. I did, I got it printed in slips, and distributed a copy of it to each of the newspapers.

Q. Have you a copy of it?

A. I have not.

Q. Have you one of the slips?

A. No, I have not.

Q. Did you receive any other copies of affidavits purporting to be affidavits of persons of the name of Smith?

A. No, I had no concern whatever with Smith.

Q. Smith and his wife?

A. Certainly not, I know nothing of the printing of them.

Q. Was the Morning Chronicle one of the papers in which you put Lord Cochrane's affidavit?

A. Yes, it was.

Mr. Park. It must not be said to be Lord Cochrane's affidavit, till that is proved.

Lord Ellenborough. He printed something purporting to be Lord Cochrane's affidavit. I have taken it that Lord Cochrane delivered several papers, one purporting to be an affidavit which this witness inserted in the newspapers.

Mr. Park. But when once the expression is used by my learned friend, persons do not get rid of it again.

Lord Ellenborough. If he published it as an affidavit, it is quoad him an affidavit.

Mr. Park. To be sure, my Lord.

[Pg 199]Cross-examined by Mr. Serjeant Best.

Q. You have said that he brought this paper to you, giving you directions to have it printed?

A. He wished it to be inserted in the newspapers.

Q. Tell us all that he said to you at the time; did he not at the time when he was giving you directions to print it, say, that if De Berenger was the man, he had given the Stock Exchange the clue to it?

A. After reading the affidavit, his Lordship said "I once saw Captain De Berenger at dinner."

Lord Ellenborough. Was this at the time?

A. Yes; he said "I once saw Captain De Berenger at Mr. Basil Cochrane's—I have no reason to think that Captain De Berenger is capable of so base a transaction, but if he is, I have given the gentlemen of the Stock Exchange the best clue to find him out."

Lord Ellenborough. Did he say what sort of clue he had given?

A. The clue as to De Berenger.

Mr. Gurney. By his affidavit?

A. Yes, that by that he had given them the best clue.

Re-examined by Mr. Adolphus.

Q. When was it this affidavit was given to you?

A. I cannot state the day.

Q. Was it so late as March?

A. No, it must be about the 27th or 28th of February I think, but the newspaper will prove the date; it might be the first or second of March, I cannot speak to that.

Q. Was it not after the 11th of March?

A. I cannot state indeed.

Q. It was given to you the day before it appeared in the Morning Chronicle?

A. It was the day before, about three o'clock.

Mr. Gurney. Look at that (shewing a pamphlet to the witness) [Pg 200]have you received one of those pamphlets either from Mr. Cochrane Johnstone, Lord Cochrane, or Mr. Butt?

A. Lord Cochrane gave me one of those at my own request, hearing it was published.

Q. Look at that which purports to be an affidavit of Lord Cochrane.

Mr. Serjeant Best. Is that the identical book Lord Cochrane gave you?

A. No.

Mr. Gurney. Read the affidavit and tell me whether you know that to be verbally and precisely the same?

Mr. Serjeant Best. I submit to your Lordship that will not do.

Mr. Gurney. Where is your copy of the pamphlet?

A. It is at home.

Mr. Gurney. Will your Lordship allow him to go home and fetch it.

Lord Ellenborough. Certainly.

Mr. Malcolm Richardson called again.

Examined by Mr. Gurney.

Q. You are a bookseller?

A. Yes.

Q. Were you employed by Mr. Butt to publish that pamphlet?

A. Not absolutely employed by him to publish it, but I sold it for him at his request, he wrote to me to know whether I would sell it for him.

Lord Ellenborough. This should be a publication by Lord Cochrane, to make the affidavit evidence against him.

Mr. Gurney. Certainly, my Lord, and if my learned friends wish it, I will wait till the witness comes back.

Mr. Serjeant Best. I have no wish to lay any impediment in the way, therefore if your Lordship thinks there is no impropriety in my permitting it to be read now, I will do it?

[Pg 201]

Lord Ellenborough. I leave it to your judgment, whether your resistance does you more good than the admission.

Mr. Serjeant Best. I will not resist it certainly. If I had the original I would deliver it up in a moment, but the fact is, we have not the original.

The Affidavit was read as follows:

Mr. James Le Marchant sworn.

Examined by Mr. Bolland.

Q. Are you acquainted with Captain De Berenger?

A. I was so.

Q. When did your acquaintance with him commence?

A. About 18 months ago.

Q. How long did it continue?

A. It continued until the 16th of February to the best of my knowledge.

Q. Between those periods was Captain De Berenger in the habit of calling upon you frequently?

A. He was, from the 10th to the 16th of February.

Q. At what period of the day?

A. At different periods.

Q. Did he pass his evenings with you?

A. Occasionally.

Q. In conversations with him, did you ever collect from him, whether he had any connexion with Lord Cochrane or Mr. Cochrane Johnstone?

A. I did—with both.

Q. State to the Court what he has told you.

A. He stated that he was about to go to America under the command of Lord Cochrane; on his mentioning this, I put the question to him, how he possibly could do it under the embarrassments that he laid under, upon which he answered, all was settled on that score.

Q. Do you recollect upon what day this conversation passed?

[Pg 206]

A. I should think nearly about the 14th, to the best of my recollection, he said, that for the services he had rendered Lord Cochrane and Mr. Cochrane Johnstone, whereby his Lordship could realize a large sum or large sums of money by means of the funds or stocks, one of the words, that his Lordship was his friend, and had told him a few days before, that he had kept unknown to him till that period, a private purse for him De Berenger.

Q. Did he state to you whether there was any particular intimacy between him and Lord Cochrane, or Mr. Cochrane Johnstone?

A. He frequently mentioned particular intimacy of dining, breakfasting and supping with his Lordship. He said, in which purse he had placed or deposited a certain per centage out of the profits which his Lordship had made by his stock suggestions.

Q. Did you afterwards hear of the events of the 21st of February?

A. I did so.

Q. Did you upon that make known to any parties, and to whom, your suspicions of Captain De Berenger having been active in them?

A. I did so.

Q. To whom were those communications made?

A. To Captain Taylor of His Majesty's 22nd regiment of foot, and Lieutenant Wright in the Honorable East India Company's Service.

Q. Did you collect in any conversations you had with Captain De Berenger, that Lord Cochrane and Mr. Cochrane Johnstone consulted him in any transactions of Stock?

Mr. Park. That is a pretty good leading question.

Mr. Bolland. Did he state to you any thing respecting their consulting him as to stock transactions?

A. Most undoubtedly, or I should not have drawn the conclusions I did.

[Pg 207]

Q. For what was he to have a per centage?

A. For the ideas he had given to Lord Cochrane, enabling him to make a profit in the stocks.

Q. Did he extend that to Mr. Cochrane Johnstone, or Lord Cochrane?

A. To both.

Mr. Serjeant Best. I am aware that your Lordship will not consider this as evidence against Lord Cochrane, or Mr. Cochrane Johnstone.

Lord Ellenborough. No; it is admissible evidence, the effect of it is another thing.

Cross-examined by Mr. Serjeant Best.

Q. You have been corresponding with my Lord Cochrane.

A. I have so.

Q. You are now a prisoner in the King's Bench, I believe?

A. No; I am not.

Q. You have told my Lord Cochrane?——

Mr. Bolland. Have you ever had any communication with Lord Cochrane but in writing?

A. None individually.

Mr. Bolland. Then I object to any questions except as to letters.

Mr. Serjeant Best. You are a gentleman whose appointment Government have stopped?

A. It is not stopped.

Q. Suspended?

A. It is not suspended.

Q. You mean to state that upon your oath?

A. I state that I hold the situation of Secretary and Register to the Court of Antigua and Montserrat.

Q. You have not been prevented from going out?

A. In consequence of being compelled to give my evidence either at this court or some other court.

[Pg 208]

Q. And not on any other account?

A. Not that I know of.

Q. You know of no other reasons why Government have prevented your going out, but that you may be kept here as a Witness?

A. Yes.

Q. You mean to state that broadly?

A. Precisely.

Q. Is that your hand writing? (shewing a letter to the Witness)

A. It is.

Q. Just look at these; are these your hand writing? (shewing other letters to the Witness.)

A. That is not.

Q. That is Lord Cochrane's hand writing, is it not, you have got one in your pocket that is a copy of one that Lord Cochrane wrote to you in answer to one of your letters?

A. I will look at it. (the Witness read the letter over.) This is precisely the same as one I have in my pocket.

Q. You have got that letter about you?

A. I have.

Q. Have you not proposed to my Lord Cochrane to lend you money, and have you not told his Lordship that if he would not——

Mr. Bolland. My Lord, he says he has had no communication but in writing.

A. I have had no communication with Lord Cochrane but in writing.

Mr. Serjeant Best. Would you have given this evidence if you could have obtained a loan of money from Lord Cochrane?

A. Most undoubtedly; I must have been compelled to do it upon oath if brought forwards in a court of justice.

Q. I will not have a reasoning answer, but a direct answer, and that answer I will have taken down. Would you have given this evidence here if you could have obtained a loan of money from Lord Cochrane?

[Pg 209]

A. If my Lord Cochrane had not called me forwards, of course I should not have given an evidence, but he has compelled me.

Q. That will not do, I will put the question again; I want an answer, yes, or no, to this; would you have given this evidence if you could have obtained a loan of money from Lord Cochrane?

A. I hardly consider that question as fair; if his Lordship says it is I will answer it.

Lord Ellenborough. I rather think the terms of the question embrace some communications; he says he has had no communications about a loan in any way but in writing, and I think you cannot in that way travel indirectly to the contents of a letter; if the letter says any thing about a loan of money, you may give it in evidence.

Mr. Serjeant Best. Will your Lordship allow me to put it in this way. I have no right to ask the contents of any letter but with humble deference to your Lordship; I have a right to ask this man what passed in his own mind, for it does not yet appear that he put it upon paper; if the question had been what have you written to Lord Cochrane? that would have been objectionable, but surely I have a right to ask him what is passing in his own mind upon the subject, to know the motives from which this gentleman, of whom I shall speak by and by, comes to speak.

Lord Ellenborough. Do you give your evidence from resentment in consequence of having some loan refused to you?

A. None individually—none whatever.

Mr. Bolland. My Lord, I must object to my learned friend Mr. Serjeant Best getting the effect of a correspondence which was in writing.

Lord Ellenborough. He does not refer to it, but one cannot but be conscious after what has passed, that all that has ever passed about a loan has been in writing, therefore it would be the most ingenuous course to put it in.

Serjeant Best. I certainly mean to read this man's letters.

[Pg 210]

Lord Ellenborough. I asked him in the strongest manner possible, do you now give your evidence in resentment for having a loan, or any other benefit withheld from you? You may press that if you please.