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Full text 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 : in the Court of King's Bench, Guildhall, on Wednesday the 8th, and Thursday the 9th of June, 1814"

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THE LAWRENCE S. FLETCHER 
MEMORIAL FUND 

STANFORD SCHOOL OF LAW 




TRIAL ^^^ 



THE 



or 

CHARLES RANDOM DE BERENGER, 

SIR THOMAS COCHRANE, COMMONLY CALLED 

LORD COCHRANE, 

THE HON. ANDKEW COCHRANE JOHNSTONE, 

RICHARD GATHORNE BUTT, RALPH SANDOM, 

ALEXANDER M'RAE, 
JOHN PETER HOLLOWAY, AND HENRY LYTE; 

¥0R 

A CONSPIRACY, 

ly THE 

COURT OF KING'S BENCH, GUILDHALL, 

osr 
Wednesday the %th; and Thursday the 9th of June, IS 14: 



JBUBSEQUENT PROCEEDINGS IN THE COURT OF KING'S BENCHi 



TAKEN IN SHORT HAND BY 

WILLIAM BRODIE GURNEY, 

Short Ilafid Writer to both Houses of Parliament. 



ILonHon: 

fiOLD BT J. BUTT£RWORTH AND SON, FLEET-STREET/ AND 
GALBy CURTIS AND TENNER, BATEaNOSTER ROW. 



1814. 

[Entered at Sutioner'i HaII.1 



\ 



\ 



THE 



TRIAL 






OP 

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 HOLLOW AY, AND HENRY LYTE; 

FOR 

A CONSPIRACY, 

IN THE 

COURT OF KING'S BENCH, GUILDHALL, 

OK 

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

WITH TRB 

SUBSEQUENT PROCEEDINGS IN THE COURT OF KING'S BENCHi 



TAKEN IN SHORT HAND BY 

WILLIAM BRODIE GURNEY, 

Short Hand Writer to both Homes of Parliament. 



Hoittimt: 

BOLD BT J. BUTT£RWORTH AND SON, FLEET-STREET/ AND 
CALBy CURTIS AND rEKNER, PATEaNOSTER ROW. 



1814. 

[Entered at Su(ioner*i Hall.*! 



\ 



\ 



TRIAL ^'^^ 



THE 



OP 

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, 

IK THE 

COURT OF KING'S BENCH, GUILDHALL, 

ON 

Wednesday the SthJ and Thursday the 9th of June, IS 14: 

WITH THE 

SUBSEQUENT PROCEEDINGS IN THE COURT OF KING'S BENCH} 



TAKEN IN SHORT HAND BY 

WILLIAM BRODIE GURNEY, 

Sliort Hand Writer to both Houses of Parliament. 



Hoittum: 

BOLD BT J. BUTTERWORTH AND SON, FLEET-STREET/ AND 
CALBy CURTIS AND TENNER, PATEaNOSTER ROW. 



1814. 

[Enterea at Sutioner'i Hall.] 



'•■ . /<• 



»• lEAf99 VAINTUI) TOWSB-BILl, 1.0irD«V* 



THE 

TRIAL 



or 



CHARLES RANDOM DE BERENGER, 

AND OTHERS, 



On the £Oth 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 ; 

4 

lljrst Co2in/]--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, Jndrew Cochrane 
Johnstone, Richard Gathome Butt, Ralph Sandom, Alexander 
M^Rae, John Peter HoUoway, and Hmry Lyte, supposing 
and believing, that false reports and rumours of the 
death of said Napo>leon Bonaparte, aud 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 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 un« 
lawfully, 8lc. intending to injure and' aggrieve the subjects 
of our^aid Lord the King, who should make purchases of 
and in said Funds, &c. on the IQth 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 con- 
spire, &c. to make and propagate, and to cause, 8cc* to be 
made and propagated, a false report and rumour, that the 
French had been then lately beaten in battle, and that said 
Kapoleon Bonaparte was killed, and that the Allies of our. 
said Lord the King were in Paris. 
'4 ' And that they, the Defendants, would thereby induce the 
subjects of our said Lprd the King to suppose aqd believCj 
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, respec- 
tively, 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, 8cc. would other^ 
wise sell for, with a wicked and fraudulent intention to 
thereby cheat, &c. the said si;bjects, &c. of divers large 
sums-df 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 Pover, in the county of Kent, the 
said Charles Random de Berenger, in pursuance, &c. of said 
conspiracy, dul unlawfully, &c. write a certain false and 
counterfeit letter, containing divers false matters, whicl\ 
l»id f^se and counterfeit letter i3 directed as follows; 



• t* to the Honorable J. Foley, Port, Admiral, Deal, 

&C. &C4 &c. 

Dover, One o'Clock, A, M* 
February 21, 1814. 
Si a, 

1 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 the 
L'Aigle; even with a flag of truce they immediately stood 
for sea. Should they be taken, I have to entreat you 
immediately to liberate them. My anxiety will not allow 
me to say more for your gratification, than that the AUies 
obtained a final victory; that Bonaparte was overtaken 
by a party of Sachen's Cossacks, who immediately slai<L^ 
him, and divided his body between them.-— General Pla* 
toff, 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 BouRO, 
l,ieutenant Colonel and Aid de Camp to Lord, Cat heart* 
'* To the Honorable J. Jtoley, 

Port Admiral, Deal, &c. &c. &c.'* 
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 j^ should, by Telegraph, communicate the 
false matters in the said false letter, to the Commissioners 
of our said I-ord the King, for executing the oflSce of Lord 
. ' ' A3 



High Admiral^ &c. and that such false matters sboaM be 
promulgated (Sic. to the liege subjects of our said Lord the 
King. 

And that said CharkB Random De Berenger, did also then 
and there unlawfully &c. assert and report to Tknothy 
Wtight, and other persons, that he, the said Ckarla 
EandJom Dt Berenger^ had jost then landed and arriYed 
from France, and that the French were beaten, and that 
said Kapoleon Bonaparte was killed, and that the Allies 
of our said Lord the King, were then in Paris ; and the 
Mtid Charks Rmdam De Berenger, on same day &c« did 
travel frooei Dover towards London, and did unlawfully &c. 
fefeely aflsert and report at Dartford in the County of Kent, 
«nd 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 8cc. 
should be believed to be true, and should be generally 
^epc^ed, &c. by the said liege subjects, &c. to whom he 
•assarted 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 
jrumomred and believed' there. And that on the said 21st 
February, at the parish &c. aforesaid, at London afore- 
said, to wit, at Dartford aforesaid, the said Ralph Sandom, 
Alexander M^Rae and Henry Lyte, in pursuance &c. of 
the aforesaid conspiracy did unlawfully See. hire and take 
a post chaise to go from Dartford, and did go from thence, 
the sard 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 
.'tailed the Marsh Gate, in the Parish of St. Mary Lambeth, 



ixk the County of Surry^ with intention thereby to induce 
the liege subjects, 8tc. whom they should pass, and wbd 
should see them in their route and way from Dartford to 
l^ear the Marsh Gate* to suppose and believe, and to, report 
and rumour to divers other of the liege subjects^ that they 
the said Ralph Sandomy Alexander M^Rae^ and Henry Lyie^ 
were the bearers to the Govemment of tbiis kingdom, of 
l^reat 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 Fundi^, &c. in order and fdr 
the purpose thst the said Sir Thomas Coehrane^ Andrew 
Cochrane Johnstone, Richard Oaihome Butt, and John Peter 
.HoUoway, respectively should then sell and cause and pro- 
cure to be sold for them respectively to divers subjects, 
&c. divers lai'ge parts and shares of and in the said pub- 
lic Governinent Funds &c. at higher and greater prices 
than ttliey would otherwise sell for, with a wicked and frau- 
dulent intention, to thereby cheat and defraud the said 
last mentioned liege subjects, of divers large sums ef 
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 Cochrtine, Andrew Cochrane 
Johnstone, Richard Gathorne Butt and John Peter Holloway, 
ID pursuance and further prosecution of the aforesaid coil' 
jpiracy, did on the said 21st of February, unlawfully, &e. 
respectively sell, and cause and procure to be sold for 
them respectively, unto divers subjects, 8cc. divefs great 
parte and shares of and in the said public Government Funds 
and other Govemmeot Securities, (that Is to say,) this 



s 

said Sir Thomas Cochrane, •£ 139,000 Omniuin. 

Andrew Cochrane Johnstone •-.£141 ,000 Omnium, and 

i' J 00,000 Consols 
Richard. Gathome Butt ...... jf 224,000 Omnium, and 

c£l68,000 Consols 

John Peter Holloway • • • .£20,000 Omnium, and 

0^34,000 Consols 
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 clieat 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 Kingf his crown and dignity. 

[Second Count,'] — ^That the Defendants on the said IQth 
February, unlawfully &c* to induce tT»e siiFyccts &c. 
to believe that a peace between our said Lord the King 
and his Subjects and the people of France, wouH 
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 Govern- 
ment Funds, &c. on said IQth 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 
naid Napoleon Bonaparte was killed, and that the Allies 
©four said Lord the King were then in Paris, 



And that they, the Defendants, would by sucli last m«tt* 
tioned false report and rumour induce the subjects, 8cc. td 
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 John" 
^toncj Richard Gathorne Butt, and John Peter Hoilch 
rtay, respectively, should then sell and cause, &c. to 
be sold for them respectively, to divers of the liege sub- 
jects of our said Lord the King, divers other large parts and 
shares of and in the said government funds, 6cc. at higher 
and greater prices than said parts and shares would other- 
wise 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. i^lawfully, &c. did cause 
tind 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 
Sorry, 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 bat- 
tle, 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 theteby to occasion an increase and 
'jrise in the said funds, 8cc. in order and for the purpose that 
the said Sir Thomas Cochrane^ Andrew Cochrane John^ 
stone; Richard • Gathorne Butt, and John Peter Hollo^ 
way, respectively, should then sell and cause and pro- 
*cure to be sold for them respectively^ to divers liege sob- 



10 

fubjectB^ ^. divers dthor large parte ttd 8hafe3 6f and ill 
the said public goyenunent fuadsi&c. at higher and greater 
prices than they would otherwise, sell for, with a wicked and 
frandulent intention to thereby cheat and defraud the said 
subjects of divers large sums of money, &c. 

[Third Omnt.y^Thai the Defendants on the said 19th of 
Jebmary unlawfully, &c. by false reports, rumors, arts and 
fBfdrhanets to induce the subjects of our said Lord the Kin|^ 
to believe that a peace would soon be made between ouf 
iaid Lord the King and his subjects, and the said people of 
Fiance, and thereby to occasion without any just or true 
cmuse a great increase and rise of the public gooemment 
funds, ^c. and to injure, ^c. the subjects of eur said Lord thf 
King who should on the said 21&t of February purchase and 
fniy niiy part or parts and share or shares of and in the said 
public gaoemment funds, i^c. then and there, to wit, on the 
said 21st of February, unlawfully, &c. did conspire, 8cc. to 
make and propagate, and cause and procure to be made and 
propagated unto and amongst divers of the liege subjects, 
be. in the county of Kent, to wit at Dover« Deal, and 
Dartford, and other places in that county « and also unto aad 
amongst divers of the li^e subjecU, be. at London afore^ 
said, and places adjacent thereto divers hise reports and m* 
mours that the said Nat)oleon Bonaparte was killed, and 
that a peace would soon be made between our said Lord the 
King and has subjects and the people of France. 

And that the said Defendants would by sueb false repoits 
and rumours as far as in them lay, occasion Hn iperease alld 
rise inthe prices of the public government funds and other 
government securities, with a wicked intention to therebjr- 
greatly injure and aggrieve all die liege subjects of olar 
said Lord the King who should, on the swddlstof Fabrumy, 
purchase or buy any part or parts afcd share of shares of and 
in said public government funds, &c. To die great da- 
mage of all the last mentioned Kege subjeds, ftc To tbe 
evil example, &c. and against the peace, be. 



11 

* [Fnuih C0m/.>^Tbat the «aid DtfemdMis aDlenrfoIly < 
fiif iog, fcc. to injure and aggrieve divers of the liege sub- 
jects^ lie. on the 19th February nnlawfoUy, &c. did coospilre;^ 
tec. to write and cause to be written m certam other fain and 
eounterfeit letier containing therein divers false matters of 
and concerning the Allies of our said Lord the King^ and 
the said Napoleon Bonaparte and the French peopie, aad to 
siend and caese and procnre the said last mentioned letter t# 
be sent to the aforesaid Th<nnas Foley aa Deal, the said 
Thomas Foley then and there being the Cenrmaoder Uk 
Chief of His Majesty^s ships and vessels employed on the 
i>owti«^ station^ with a wicked intention to impose npoR 
mnd deceive the said Thomas Foley, and to indace and 
Muse the sttd Thomas Foley to commanicate the false 
matters contained in tlie said last menticmed fiUae and 
teonnterfeit letter to the said CoinmissioBeffs for executing 
ahe office of Lord Hi^ Adimrd of Great firitaiaw 
'^A&d dso with a wicked intention^ that by the meana in this 
Count mentioned the said false mailers canlamed m said 
iast mentioned false and counterfeit letter, should be pr o^ 
«Bii]gmted and publicly made known to the liege subjects, 
Ac. and thereby to occasion a ttrnforary rise and increase 
in the pric^es of the public govermneat funds, &c and to 
iqum and aggrieve all His Majesty's hege subjects who 
should conirnct for, and also, all the subjects, &c« who 
should jmrchoH any part or parts, share or shaves of, and in 
the said pablie government ftmds, &c* durh^ such tempo- 
rarj tm ami imcreoie in the prices thereof, to the evil eXf- 
ampte, &c« in contempt, &c. and against the peace, 8(c« 

{l^ACo«»r.]«--ThactheI>efcndants unlawfully contriving, 
4ic. to injure and aggrieve divers of the Uege subjects of 
out said Lord the King, afterwards to wit, on the said lOtb 
Fel>mary, at the parish and ward aforesaid,. ^. unJawfuUy, 
he. did conspire together, to nnake and propagate, and to 
«aoseand jnrosure tio be ttiade and pr^^agiaied unto^ and 



n 

amongst dtyers of the Hege subjects of our said Lord the? 
King, divers false reports and rumours of and concerning the 
iaid Napoleon Bonaparte and the French people j 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 Kipg 
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 inerease ia the prices 
thereof, to the evil example, &c. &c. 

\Sixth Count, I'-^Thax the Defendants, on the said 19th Fe* 
braary unlawfully, &c. did conspire, &c. to make and pror 
pagatd, and cause, and procure to be made and propaguted 
unto and amongst divert subjects. See. 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 in- 
crease in the prices of the public Government Funds, &<% 
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 shaies of and 
in the said public Government Funds, 8cc. during such last 
mentioned temporary rise and increase in the prices thereof, 
to the evil example, &c. 

[Seventh Cown/.]— That the Defendants, unlawfully con- 
triving, inc. 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 Air 
.vem false and subtle arts, devices, contrivances, representations, 
reports, andrumours, 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 Ma- 
jesty's liege subjects who should contract for, and also all 
his Majesty's liege subjects who should purchase any pa»t 



13 

or parts, share or shares of and in the said puhlic Government 
Funds^ &c. during such last mentioned rise and increase in 
the prices thereof, to the evil example, &c. 

{Eighth Cottw/.]— Th^t the Defendants unlawfully, &c. 
contriving to injure and aggrieve divers of the liege sub- 
jects of our said Lord the King, on the JQth February un- 
lawfully, &c. . did conspire, &c. by xlivers Jalse and subtle 
artSy devices, contrivances, representations, reports and rumours, 
to induce, c^se ai^d occasion, divers and very many of the 
liege subjects of our said Lord the King, to suppose and 
beHeve, tmthout true and just cause, that a peace would soon be 
made between our said Lord the King and his svtbjects, and the 
people of France, to the great and manifest injury of divers 
and very many of the liege subjects of oiu said Lord the 
!Kiog, to the evil example, 8cc« 

P&fl-^NOT GUILTY. 

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



14 



COURT OF KING'S BENCH, GUILDHALL 

WeAieiiay, ^h June, ^Q14* 

Befive the Right Hon. Lord £llenborop«h* 

Counulfw the Prmeeuiien, 

Mr. OoRHBY, Mr. Holland, Mr. Adolphos. 

SoUdtors. 

Messrs. Crow DEB; Lavie, and Garth. 

Cmmtdfor C. R» De Berenger. 

Mr. Park, Mr. Richardsok. 

SoKeUor. 

Mr. Gabriipl Tahourdik. 

Ownsel for Lord Cochrane, The Hon. J. C. Johnstone, and 

R. G. BtUt. 

Mr. Serjeant Best, Mr. Topping, 

Mr. Scarlett, Mr. Brougham. 

SbUcitorsfor Lord Cochrane. 

Messrs. Farrer and Atkinson. 

Solicitors for the Hon. A. C. Johnstone, and R. G. Butt. 
Messrs. Bbundrett, Wainwrioht, and Spines. 

Counsel for R. Sandam, J. P. HoUoway, and Henry Lyte. 
Mr. Serjeant Pell, Mr. C. F- Williams, 

Mr. Dbnman. 

Solicitor. 
Mr. Young. 

Counsel for 4i^<«^^ M*Ra$. 

Mr. Alley. 

Solicitor. 

Mr. TWYMAM. 



15 
THE JURY. 

Thomas Brown^ Church-row, Aldgate* 

Hemy Septimus WollastoPy Devonsbire.street. 

George Spedding^ Upper Thames-street. 

George Miles, Gracechurch-street. 

John Parker, Broad-street* 

Levk Lord. liothhury* 

John Peter Robinson, Austin Friars. ' j»«renwii»» 

John Hodgson, New Broad-street. 

Thomas Wilson Helherington, Nicholas-lane* 

Jlichard Hail, Lawrence-lane. 

Richard Cheesewright, King.street. 

John Green, Suffolk-lane. 



The Indkhnent was cpened by Mr. ADOIJPHUS. 

Mr. eURNEY. 

May it please your LordsUp. 

Gentlemen of the Jury. 

It is my duty, as Counsel for this Prosecution^ to slate 
to you die faets which I shall have to lay before you, and 
to apply those fh^ts to the several Defendants, and to the 
Charges contained in the Indictment^ which has been x)pen» 
ed by my learned Friend; and, Gentlemen^ I am sure 
that it is unnecessary for me to request that you will dis« 
miss 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 
CourtofJu8tice,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. 1\ 



16 

<!oes also sometimes occur, that they who are accused , 
iadustriously 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, un- 
paejudiced, 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 igno- 
rant, 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 4hera singly, it would have been 
unquestionably a qrime.; but when done by conspiracy, it 
is a crime of a more aggravated nature— *Zb circulate false 
news, much more to conspire to circulate false news with - 
intent to raise the price of auy 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 jaise the price of the public fundsof thecouQtry,con8ideriog 
the immense magnitude of those funds, and, consequently, 
the .vast extent of the injury which may be produced, the of- • 
fence is of a higher description. The persons who must be 
necessarily injurea in a case of that kind, are variops ; tli/e 
common bona fde purchaser who invests his money — the* 
public, through the commissioners for the redemption of the 
national debt-««-tIie persons whose affairs are under the care 
of the Court of Chancery, and whose money is laid out by 
the Accountant Genera), all these may be injured by a 
temporary rise of the public funds, growing out of a con- . 
spiracy of this kind ; and, Gentlemen, this is no imaginary 
sutciiK'nt of mine, for it will appear to you to-day, th«it ... 



17 

aU Aese persons were id fact injured by the temporary rise^ 
produced by this conspiracy. Undoubtedly, the public funds 
i^ill be affected by rumours^ which may be considered as 
accidental; in proportion as they aare liable to that, it be- 
comes more important to protect them against fraud. 

If this had been a conspiracy to circnlate fidse ramours^ 
Aierely to abuse public credvlity, it would not have been 
a triTial offence; biit if the object of the conspiracy be 
not merely to abuse public crednlity, but to raise the funds, 
in ord6r 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 malign 
nant 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 effie©- 
tuating their fraud— Gentlemen, this offence, thus aggra* 
Tated, I charge upon the several Defendants upon this Re* 
cord, and I undertalce to prove every one of them to be 
guilty. 

Gentlemen, when I wndertale to prove them to be guHty^ 
you will not expect that I shall give yon proof by AVefcl 
evidence, because, in the nature of things, direct evidmce 
is absolutely impossible — ^they who conspire do not admit 
into the chamber in which they form their plan, any per- 
sons but tl^6se \*11o participate in it ; and, therefore, except 
where they are betrayed by accomplices, in no such cas^ 
tan positive and direct evidence be given. If there are 
any who imagine, that positive and direct evidence is abso^ 
luiely necessary to conviction, they are much mistaken; 
it is a^ mistake, I believe, very common with those who com- 
mit offences : they fkncy that they are secure because thej^ 
are iiot ^^n at the moment ; but you may prove their guilt 
as conclusively (perhaps even more satisfactorily, by dfN 



18 

taffutaniial tvidtnee, aa by any direct evidence that cao^ 
possibly be given. 

If direct and pcwitive evidence were requisite to coavict 
persons of crimes^ what security should we have for our 
lives against the murderer by poison f-^no man sees him 
mix the deadly diaugh^ avowing his purpose. No, he 
mixes it in secret^ and administers it to his unconscious 
' Tictim as the draught of health ; but yet he may be reached 
by cireumsianeeS'^he may be proved to have bought, or to 
have made the poison ; to have rinsed the bott}e at a suspi- 
cious moment ; to have given fidse and contradictory ac- 
counts ; and to have a deep interest in the attainment of the 
object. What security should we have for our habitations 
against the midmgkt 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 arc 
affecte4» I undertake to bring home this case to tlie De- 
fendants upon this Record. I undertake to shew, that such 
a conspiracy did exist as tliis 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 
lirhjich he was to act. 



10 

GentlemeDy in the security in which we now repose, in the 
triumph in which we are now indulging, it is difficult to 
carry bftck our minds to the state of agoaizmg suspense in 
which we were at the critical time at which diis conspiracy 
took placci. At that time the empire of him for whom 
Europe itself appeared too smaU^ was not confined within the 
fearrow 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 
ttiade considerable progress towards Paris, but they had 
been more than once repulsed, and one army had, by almost 
^uper-'human efforts^ preserved itself from destruction ; but 
the fortune of war was uncertain ; in this age of miracles^ 
no man could tell what woiild be the final event; and every 
one was waiting in breathless expectation for the destruction 
of. him for at least of his power) who had been so Ipng the 
destroyer of his species* Oentlemen, at that most critical 
moment, when the fands were so liable to be affected by 
every event of the war, when they were liable to be afiected 
still more by the Negotiatimis at ChatiUon, which were then 
pending-^at that moment this conspiracy with respect to 
the Funds took place; and you will bear this in raind^ 
Gentlemen, that if the fedse news were believed but-for a 
single hour, the mischief to the public would be done**^th6 
elgect of the conspirators wonld be accomplished. 

Gendemeny the first person whom I shall have to present 
to you, as bearing a principal part in thb conspiracy ; the 
main agent in its ezecutiou^ will be proved to be the De- 
fendant, Charles Random de Berenger;-^e was a fit 
person to be (ielected for the purpose ;«^he was a foreigner 
by birth; he had resided long in this country; he would 
pass very well for an offiLOer; 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 conrenient maa afterwards to oonyey away; as 



90 

lie would prefer a residence ia any other couixtrj, because 
ktfi creditors resided in ttiis. 

Yoa will find that he made his appearance a little afuer 
midnight of Sunday, the 5eOth of February— *the mordto^ 
of Monday, the lElst of February ; at Dover ; he was first 
seen in the street, enquiring for the Ship Hotel ; he wad 
^ewn to it, he knocked* loudiy at the door, and obtatnedf 
adatittance ; he was dressed in a grey miUtary great coat, 
a scadet uniform, richly embroidered with gold lace, (the 
uniform of a Staff Officer) a star on his breast, a ^Iver medal 
sttspeiided from his neck, a dark fur cap with a broad gold 
l&ce, and he had a small portmanteau ; he announced himself 
as ikn Aid de Camp to Lord Cathcart, just arrived from 
Paris ; that he was^ the bearer of glorious news, that a de«^ 
oisive battle had taken place, that Buonapaite was pursoed 
and killed by riie Cossacks, tJiat the AMied Sovereigns were 
actually in^ Paris, and that now (that most welcome news txk 
liie Inhabitants of Dover) an immediate Peace was certain* 
He desired' to have a sheet of paper, that he might write 9 
fetter to the Pbrt-Admiral at Deal, Admiral Foley ; paper 
was furnished, and be sat down to write, and soon after-^ 
wards, the letter was dispatched to the Port-Admiral at Deal. 
Upon persons coming round him and importuning him with 
qnefitions, he pretended to be extremely fWtigtied. He said 
he had travelled two or three nights. ** Do not pester me 
with questions, you vrill know it to-morrow from the Port- 
Adtniral." He ordered a post'<;ha]se and four for London; 
an<i he oflbred to pay with some gold Napoleons; the 
lalidiord of the inn did not know exaerly the value of a 
MapoIeoR, sa^' scrupled to take tbem^ upon which this 
gentleman, rather mconsiderately, produced from his poeket 
tome one pound Bank of Ehgland notes> with those notes 
he paid for his chaise, and he set off for London in^ the 
post-cliaise and four. When he arrived at GaftCerbuiy he 
rewarded hispost^boy^ very liberally ; he gave tech of Iheoi 



21 

a Napoleon, A Napoleon^ I dare say you know, is worth 
eighteen or twenty shillings ; he ordered horses on t6 
Sittingbourne ; the same chaise brought him from Canter* 
bury to London, and he gave Napoleons to all his pQ3t-boy3. 
It was difEcult to say which was first upon the road, this 
Colonel Du Bourg or other expresses whieh 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 2J, 1814, addressed to the Honor- 
able J.' Foley, Port*Admiral, Deal,&c. Ice. 8cc. signed R. Da 
Bourg, Lieutenant-Colonel and Aid de Camp to Lord Cath- 
cart/^Sia, I have the honor to acquaintyou, that the L'Aigle 
from Calais, Pierre Duquin, Master, has this moment landed 
ine near Dover, to proceed to the Capital with dispatchel 
of the happiest nature. I have pledged my honor that n» 
harm shall come to the crew of L'Aigle ; even tvith a flag 
of truce they immediately stood for sea : should they b6 
taken, I have to intreat you immediately to liberate them, 
my anxiety will not allow me to say more for your gratifi- 
cation, than that the Allies obtained a final victory, that 
Buonaparte was overtaken by a party of Sachens Cossacks, 
who immediately slaid him, and divided his body between 
Aem. 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 seat over with this letter to Admiral Foley; 



22 

lie delivered it to the Admiral between three and four 
o'clock, I think, and nothing but the haziness of the morn* 
ing which obstructed the working of the telegraph, pre* 
vented 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 expecta* 
tions of the conspirators fully realized- 

Gentlemen, when Colonel Du Bourg, alias Mr. Do 
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 Dart« 
ford, 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, Wlien he set off irom 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 Heatb» the 
road being within sight of the telegrf^ph, h^ spoke to the 
post boys, and told them they need not drive ao fast, that 
his business was not so pressing* as the telegraphs couid 
not work ; they told him they were sure they couid not 
work, that they knew the telegraphs all along the roadt^ 
In coming up Shooter's Hill, the post boys alighted fron) 
their horses and walked by the side of the chaise« They 
were naturally very desirous to know distinctly what the 
jiews was, and one of them §aid, *' Pray Sir, what is the 
news ?-^0h it is all over—Buonaparte is killed-^the Cos* 
sacks 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 imme^ 
diately put to sea; I went to the Ship at Dover. I wrote 
a letter to Admiral Foley, in order that he might forward 
the neji^ by the telegraph ; I was obliged to do that — it was 
xny duty ;" ajiid then still more to put them in good humouri 



23 

ke 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 cell who you please ; by and by he said, Pray where 
can I get a hackney coach i the first stand, the hoy 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 ou to the Marsh Gate, there they 
found one coach, and one coach only ; Colonel Du Bourg 
stepped oat 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 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 
afier 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 
tea 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. 
It began extremely flat at 27J — it went on «7f — 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 — 28i 
•—29 and 30, and on it went ^ till about twelve o^ clocks 
when no letter coming from the Secretary of State to the 



?4 

liord Mayor, people began to doubt its truth; and from $0 
Dmnium fell to 29; &nd was getting down^ when between 
twelve and one o'clock there came the amplest confirma-» 
tion. This^ Gentlemeni 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 
tlieir 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 he ^described. 
Thei'e 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 SO, SJ, 32 and 32 j. 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 ht^d 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 de- 
frauded. The members of the Stock Exchange felt it, and 
felt it deeply ; and they appointed a Committee to investi- 
gate this business) an4 to ascertain who were the parties 



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 short- 
est, 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 pri«' 
flonerwithin the rules of the King's Bench,and who kept within 
the rules Just as faithfully as Mr. De Berenget did, had sent, 
/early in the morning, to Dartford, for a post chaise and four, to 
he sent to him at Northfleet, and fot four horses to be ready 
to take him on to town ; and that Mr. Sandom ; a Mr. Alex* 
anderM'Rae, a person in ^ost desperate circumstances; 
imd Mr. Lyte, who is^ I believe, a little Navy Agent, and 
fL 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^ae 
fesided at a lodging in Fetter Lane ; that on Saturday the 
19th of February, he had brought into his lodgings a cou- 
ple of great coats, blue lined with white, to resemble the 
coats of French Officers; that he had white cockades 
tnade up by his wife in the lodging, and upon enquiiy beins; 
piade by his hostess what all this could mean, said, that it 
was to take in the flats. He quitted his lodging in the 
^Jbrnoon of Sunday, stating that he was going down to 
Gravesend by water; and he returned about two on Mon- 
day, after having, as I stated, quitted the chaise at the 
Marsh Gate. The great coat was speedily altered, by the 
white lining b<eing 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 6f that week, exulting in his success^ boasting 
Qf the money he h&d earned by that which he had done; 



and on being expostulated with on the impropriety of that 
mode of getting money, said, '* If X bad not somebody else 
would." 

Gentlemen, the Committee discovered that Mr. M'Rae 
was a party t9 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 tlien 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 bun, saying that he hoped what Mr. M'Bae 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 pasted 
through the City. It was therefore completely ascertained 
that M'llae 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 imme* 
diate employer of the persons in the Chaise was Mr. 
HoUoway, a wine merchant, another defendant, who inde- 
pendently of his concerns with those persons, chose to have 
a little dealing in the funds himself, he had a small milk- 
score of about forty-thousand pounds omnium, which he 
disposed of on that £lst day of February, at a hand^om^ 
profit* 



«7 

Gentlemeiiy yoa will oot fail to observe that this part of 
the plot could have had no effect but for the foupdatipa 
laid by the appearance of the pretended officer at Dover 
and his journey to Iiondon; for a po»t«chaise coming 
through the City with white cockades and laurel branches 
ivould 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 
$Me 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 con« 
#piracy. 

Gentlemen, the enquiry respecting the chaise from 
Pover led to much more important results. It was the first 
business of the Committee to learn to what place this pre* 
tended Da Bourg went in the Hackney-coach from the 
Marsb-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 Liord Cochrane, and it is not an im-« 
material consideration in this matter, a house in which 
JiOrd Cochrane had resided but three days, a ready-fur« 
nished 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 
^9Qie person by the description, as he thought, of Captain 
or Colonel, and that the answer given by the servant was^ 
Aat he ws^ ^ne to breakfast in Cumberland-street. 



2S 

Having pr0<^cled dms far, the next thing for the 
Committee to discover was whether Lord Cochrane waa a 
person who could have any possible interest in the snccen 
of this fraud. They pursued their enquiries upon that 
aubject, and they discovered, to their utter astonishmenty 
that this nobleman — this officer highly distinguished in thQ 
navy, then lately appointed to an important command, and 
one should have supposed his whole sonl ingrossed in pre^ 
paration 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 afl 
dutieii, 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 «• 
for one week only ; that on that Monday morning he had 4 
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, theyxmild 
not but feel that it was impossible that it could be an acet- 
dental coincidence, that this impostor, Du fiourg, riiould 
have alighted at the house of a person thus deeply interests 
ed 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 othef 
persons^ who were still more deep in them, th^ one hi» 
uncle, Mr. Cochrane Johnstone (also a member of parlia* 
ment), and the other a Mr. Richard Gathorne Bntt, for* 
merly a clerk in the 'Navy Office. They discovered that 
these persons were engaged together in speculations of a 
oaiagnitiide perfectly astonishing. I have tha statement ia 
my hand ; but I do not think it requisite, in oiy address to 
you, to go through all the particulars. Mr. Cocfaxane 



JohtfltooeaiMl Mr. Butt, wha 1:^ eonuaeaoed their slock 
j^peciilaftoims om ihe 8th of February, a nfcek earlier thaxy 
Lofd Coahxuikti had dealt much more largely eren thaa h^ 
had. Their j^Hrehaani weKe the saoae, their sales the same; 
they seeaied ia these stock speoidatidns k) have but oae 
iottl. If one bought twenty thousand, the other bought 
twenty thousand ; if one bought ninety-five thousand, the 
odier bought ninely^five thousand ; you iriil fiud the act 
of one the a6t of the ^tber^ and you will find tiiese t^ee 
persons^ Lord Cochrane, Mr* Cochrane Johnstooe, and 
Mr. Btttt^ kaviiig on the Saturday preceding this Monday,? 
»balaoee amounting ia coosols attd omnium to very nearly « 
a miUton^-^redueed to oottsols^ ]^ou will find it amount ta 
sixteen hundred thousand pounds; and on the morniogof 
Monday, on the arrival of this news, they aU three sold*— > 
they sold all thai they had, every shillittg of it; aad^ by a 
Ktde accident in the hurry of this great business^ they sold 
Midtexmore. 

Gentlemen, it was discovered still further, that the prin- 
cipal agent in these purchases and sales, was a Mr. Feam, 
a stock broker; that Mn Butt waathe active muiager; that 
the directions for LordCochrane's purchaaes and sales were 
made mostly by Mr« Autt, and were recognized by his 
LoMkbtp ; that ^he: paymeixt for any loss (sustained by either 
of die three) was- madet hy Mx, Butt, and the recedpt of any 
ptofit mas by the hand of Mr. Butt* They discovered that 
Mr. Cochrane Johnstone and Mr. Butt, were in the habit 
of coming: every mdrniB^ at au early hour to visit their 
teniier> Mr« f earit; tiuub on the morning in question, they 
kad^ comfei at an eacly hour, ia a hackney coach, and that 
Laid Coehnme^ after having breabfested iu CumbezJand. 
street with Mr. Coehraiie Johnstone* aad Mr. Butt, came 
inlhefaame hackney coatfh>at least as £ar a0rSiiow*hilly ifh^ 
did not^ afierwavdsi go on to the Stook JEaehange. Thej 
discweiodk ttio^ thai^Afr. SWamwaa^ not. the only brokfSf 



so 

ttfey employed $ they employed a Mt. Smanbone, tf Mf# 
Hichenft, and a Mr. Richardson ; they may have employed 
twenty others that we know not of^ becanse it has been only 
^y adcident that the Committee learned their employment 
. oF Mfi Richardsoni for Mr. RicAmrdson dot being a mem*' 
ber of the Stock Exchange^ the Committee had no contron) 
OTer him to exact infonnatton from him« Mr. Batt had 
employed Mr. Richardson on the Saturday preceding, to 
purchase fifty thousand omnium^ of which be the same day 
sold tliirty i and so anxious was Mr. Butt on that Saturday 
to be possessed of as much stock as possible^ that he en- 
deavoured to persuade Mr<r Richardson to purchase one 
hundred and fifty thousand, but Mr. Richardson trembled 
at the idea of making so large a speculatiofij and refused to 
go beyond the fifty thousand. 

You have these persons, then, linked together in such man-^ 
ner, as will render them perfectly inseparable in these various 
stock transactions ; having dealt for some little time j 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 thfe result of thehr 
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 DeBerenger; 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 nothiBg upon the subject. When 



31 

tbey had printed this informationi for the ttse of their owil 
Baembefsonly ; it did get out^ and there were published in 
the newspapers some accounts of their reports, some of 
tikem correct, and some of them incorrect, but sufficient 
undoubtedly to direct the eyes of all men to these three 
individttals. Lord Cochrane, Mr. Cochrane Johnstone^ and 
Mr* Butt. 

Lord Cochrane, Mr. Cochrane Johnstone^ and Mr.. 
Batt, felt dmt 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 
abnsed those who had libelled and slandered him, and threat* 
ened prosecution, a threat which be faasnotexecuted,norever 
will. Mr. Cochrane Johnstone, too, equally threatened pro- 
aectttion, and he has equally failed in the execution of- his 
direat ; but one fact stated by tb» Committee, roused the 
indignation of Mr. Cochrane Johnstone. It had been 
stated by the Committee, that whereas Mr. Cochrane John* 
stone and Mr. Bult, had been satisfied before the 21st of 
February with doing business 'at the office of their ageat^ 
that on that morning they commenced business at an office, 
taken hy Mr. Cochrane Johnstone for the use of Mr. Fearn, 
ia Shorter's Court, Throgmorton-street, an office most 
conveniently situated, just by the side door of the Stock Ex- 
change 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. Feam's inlonBaiiiMi> that Mr. Cochrane Johnstone bad 
judten this office for Mr. Feam, even without his (Mr. 
f eam^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. 



as 

BqM had given* it itp to Mr. Feafti; ndw that' wdvld not 
signify nlueh, for I will shew, that Mf . Butt and Mr. CoebK 
rane Johnstme are on« and the sanie. Gentlemen, I aor 
sorry to aay, that after what I have seen of Mr. Coohmn^ 
Johnstone's condnot in tkie txansaotiony I ana not surprised* 
at Us denying tjm, nberdy because his denial is in contra* 
diction to the fact, but I am surprised that he should dare 
to deny it, when I have a eontradiction not only by a wit- 
ne8S> but by a letter under his own hand. I will prove td 
you, by the owner of tlie house, that Mr. Cochrane John* 
atone did take this office ; he not only took Ms office, but 
he was. desirous of taking the whole house; he had taken^ 
the office before the 17th of February^ and on the 17th oi 
February he called on Mr. Addis, who had the letting of 
the hoose» and he wrote and left on his desk this letter r 
''Sir,I caUedagain upon you to knowif you have powerlo wdk 
ibe house, part of which I have takea.^' This is Mr. Goch^ 
fane Johnstone, who is ready to swear that he never tool? 
any ottiot at all—- ^' part ofwkidi Jhatfe tak^n.'' Gentlemen, 
mark the remainder, and apply it to the menitng of tbel 
21st of February.-*-^'' jIs I find there are several persons 
in the house at preset ^ which is rather asskwdrd, and make$ 
it too pubUc*^** WaliiS havb babs." Mr. Cochrane 
Johnstone and Mr. Butt did not like that tkeir consuha-' 
lions should be liable ta^ be overheard — their guilt might 
then be proved by other than circumstantid evidence. *^ li 
you have powers to s^, I will immediately treaH witb 
yea; have the goodness^ therefore, to kave the teniia 
With yoar okrk, or sebd them to me at No. 18, Greai 
Guiiabarland«st|peet. I will howeveiT call ugain this day, >be-i 
fore I return to the West end of the Town.'' 

Gendemeni that ia the letter of Mr. Codhnme' Johnstone, 
and so ikiuch for Mr* Cockrane JohBatone^adaoDl of ids 
kawi9..takte the office- in Sorter's Court* 



3a 

«GwUein«Dj .-befiid^ss tbisdaiual of the fact^ iand this oAsr 
to Bweai iQ it| these jGeotleipeo obose . to make some criti- 
cisms on the report printed by the Committee of the Stocdc 
&KcbaBge, and the fim cri^hoisti was one of great impor* 
taQce.^Oae pesspn had sar^, that Colonel Du Bourg ^t 
out of tb^ post chaise iato the hackney coach, and another 
person &aid» be got into the hackoey cowb 'hafdng just 
alighted from the post chaises and it was supposed .that that 
was a material contradiction. Yoq will find the fiatt tobe> 
that be stepped from the one into the other. 

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

Another was, that one person had caUed the lace on thd 
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 sub« 
j^ct, in a manner, which, I confess, appears to me most de- 
grading. 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 
Cochran^ thought otherwise, and he chose to give it under 
the half and half sanction of a vobmtari/ affidavit. I call it 
so. Gentlemen, for this reason, that although he who makes 
a voluntary affidavit attests his.God to its truth, he rendeni 
Irimself amenable to no human tribunal.. for its falsehood, 
for no indictment for perjury can bb maintained upon a 
voluntary affidavit. I wish that noi^e of. these voluntary 
liffidavits were made; I wish tliat Magistrates, would, not 
lend their respectable names to the use, or rather, to the 
abiis^, which is made of these AffidiKvits ; for whether they 



«4 

me «mftofvd to pat a quack medicine tft a !(0specttdf 
character^ they aie I believe, always used for the pu^p<>se 
af impoiitioa. 

OeatleHieii, ibiaaffidaf it I hare hefote me, and I will prove 
Ihe pufalicatioB of it upon Lord Cochrane, it is thus prefaced : 

** fiaviDg obtaiaed leave of abseace to coma to Town, 
f^ IP coosequeMoe of scandalous paragraphs in the public 
^ pa]^ti>8, and in consequence of havhug leamt that hand 
f bills liad been affixed in the streets, in which (I have 
^ since seeA) it is asserted, that a person came to my house, 
^ NovIS^ Gteen«<»eet, on the ^Ist day of February, in 
^* open day, and in the dress in which he had coasmitted 
** a fraud, I ftel it due to myself to make tlie foQowing de* 
^ position, that the puUic may kpow the truth relative to 
^^ the only person seen by me in military xtnilbrm itt my 
^< hoQse on that day. 

COCHRANE.*^ 
^ Dated 13^ Green-street, March Uth^ WU.** 

How comeis the Affidavit : 

'^ I Sir Thomas Cochrane, commonly called Lord 
''^ Cochrane, hAvhkg been appointed by the Lords Commi»« 
"!' missioners of the Adttiiralty to activeservice (at the request 
^ I believe of Sir Alexander Cochrane) when I had no ex- 
'' pectation of being catfed on, I obtained leave of ab- 
*' sence to settle my private afikirs previous to quitting 
* this country, and chiefly with a view to todge a spev 
^ ctfieation to a patent^ idaiive to a discovery for increasifng 
'* t}ie btensity ef light That in pursuance of my daily 
** practice of superintending work that was executing for 
^ me, and knowing that my uncfe, Mr. Cochrane Johnstone^ 
^* went to the City every morning in a coach, I do swear 
'' on die momii^ of the list of February, (which day was 
^ impressed on my mind by chrcumstsnces which after- 
V wards occnned) I bfedkfasted wHk him» at bis restdenoa 



'^5 

** in Cumterland-street, about fcalf^'past eiglit o*cldct:, tad 
* I wa8 put down by him (and Mr. Butt Avas in the toach) 
** on Soowr-hill about ten o^ clock; that I had been about 
•* three quarters of an hour at Mr. King's, mainufactory, at 
^ No. 1, Cock-lane, when I received afevy Knes on asmafl 
" bit of paper, requesting me to come immediately to my 
^ house; the name affixed froiti being written close to the 
^ bottom^ I could not read; the servant told tae h was 

• ^ from an army officer, atid concluding that he might be 
'* an officer from Spain, and that some accident had be- 
^' fallen to my brother, I hastened back, and found Cap- 
•* tain Berenger, who, in great seeming uneasiness, made 
**' many apologies for the freedom he had used, which nothing 
'' but the distressed state of his mind, aHiing from diffi- 

• •* culties, could have induced him to do; all his prospects 
," he said had failed, and his last hope had vanished of oh- 
^' taining an appointment in America, he was unpleasantly 
*' circumstanced on account of a sum which he could not 
'^ pay, and if he could that others would fall upon him, for 
'* full i^SOOO. He had no hope of benefitting liis creditors 
" in his present situation, or of assisting himself, that if I 
'** would take him with me, he would immediately go on 
" board and exercise the Sharp Shooters (which plan Sir 
" Alexander Cochrane I knew had approved of;) that he 
^ bad left his lodgings and prepared himself in the best 
*' way his means allowed. He had brought the sword with 
**' him which had been his father's, and to that and to' Sir 
" Alexander, he wodld tiust for obtaining an honorable 
** appointment* I felt very uneasy at the distress* he was 

'*' in, and knowing him to be a man of great talent and 
*^ science, I told him I would do every thing in my power 
•* to' relieve him, but as to his going immediately to the 
'" Tonnant with any comfort td himself, it was quite im- 
*" possible ; my cabin was without furniture, I had not 
^ even a servant on board/ He said he would willingly 

c2 



3d 

^' mess any where ; I told him that the warctroom waf 
'* already crouded, and besides, I could not, with propriety^ 
'* take him^ he being a foreigner, without leave fiom the 
'^ Admiralty. He seemed greatly hurt at this, and re- 
*^ called to my recollection ceitificales which he ha^ 
'^ formerly shewn me from persons in official situations ; 
^' Lord Yarmouth, Geneial Jenkinson, and Mr. Reeves, | 
'' think, were amongst the number. I reconunended liiiii 
*' to use his endeavour to get them or any other friends i^ 
/* exert their influence, for I had none, adding tliat when 
/' the Tonnant went to Portsmouth, I should be happy t^ 
** receive him, and I knew from Sir Alexander Cochrane 
*' that be would be pleased if he accomplished that object. 
^ Captain Berenger said, that not anticipating any ob-» 
'* jection on my part from the conversation he had formerly 
^^ bad with me, he had come away with intention to go 
V on board and make himself useful in his military capacity. 
^* lie could not go to Lord Yarmouth or to any other of 
** his friends in this dress, (alluding to that which he had 
^' on) or return to his lodgings, where it would excite su^ 
^^ picion (as he was at that time in the rules of the King's 
*^ Bench) but that if I refused to let him join the ship now, 
** he would do so at Portsmouth. Under present circum- 
^* stances however he must use a great liberty, and rec^uest 
*' the favor of me to lend him a hat to wear instead of hi» 
** military cap. 1 gave him one which w«is in a hack rooiw 
^^ with some things that had not been packed up, and 
^ having tried it on^. his uniform appeared under his great 
^ coat, I therefore offered him a black coat iliat was lay iqg. 
^ on a chair, and which I did not intend to take with me ^ 
^ he put up his uniform in a towel, and shortly afierwar4fr 
** went away, in great apparent uneasiness of mind, aocS 
*' having asked my leave he took the coach I came in^ 
** and which I had forgotten to discharge, in the haste I 
^ was in« I do further depose, that the above conversatio|» 



37 

*' is the shbstance of all that passed with Captain Berenger, 
•* which from the circumstances attending it, wa5 strongly 
** impressed upon my mind ; that no other person in uniform 
** was seen hy me at my house on Monday, the 21st of 
** February, though possibly other officers may have cajledy 
** (as many have done since my appointment;) of this 
'* however I cannot speak of my own knowledge, having 
*^ been almost constantly from home, arranging my private 
" affairs. I have understood that many persons have 
*' called under the above circumstances, and have 
'* written notes in the parlour, and others have waited 
" there, in expectation of seeing me, and then gone away; 
" but I most positively swear that I never saw any person at 
** my house resembling the description and in the dress 
*' stated in the printed advertisement of the Members of 
" the Stock Exchange. I further aver, that I had no con- 
" cern, directly or indirectly, in the late imposition, and 
** that tlie above is all that I know relative to any person 
*' who came to my house in uniform on the 21 st day of 
•' Februar}', before alluded to. Captain Berenger wore a 
'* grey great coat, a green uniform, and a miUtary cap. 
" From the manner in which my character has been at- 
** tempted to be defamed, it is indispensibly necessary to 
** state that my connection in any way with the funds arose 
^ from an impression that in the present favorable aspect of 
" affairs, it was only necessary to hold stock in order to be- 
^ come a gainer, whhout prejudice to any body ; that I did 
'* so openly, considering it in no degree improper, far less 
^ dishonorable ; that I had no secret information, of any 
•* kind, and that had my expectation of the success of affairs 
*' been disappointed, I should have been the only sufferer, 
** Further I do most solemnly swear, that the whole of the 
^ omnium on account which I possessed on the Slat day of 
^ February, 1814, amounted to .£139,000, which I bought 
^ by Mr. Fearn (I think) on the 12th ultimo, at a premium* 

c5 



** of 881 ^tbat I did iiot bold on that day any other sun on > 
** account, in any other stocky directly or indirectly^ and that . 
" I b«d given orders when it was bought to dispose of it <m 
<^ a lis^ of one per cent, and it actually whs »old on an 
*^ aTerage at fi9f pren^ium, though on the day of the fraud 
<' il iaigbt have been disposed of at 33i. I further swear^ 
** that the above is the only stock which I s^ld, ^ of any 
^' kiiid, on the ft 1st day of February, except ^000 ia. 
** money, which I had occasion for, the profit of which w^a 
^' about i^lO. Further I do solemnly depose, that I had oo 
'' conqiection! or dealing with any one» save the above men-i 
** tioued, and that I did not at any time, direcUy or indK 
" rectly, by myself or by any other, take or procure any 
'' ofiice or apartment for any broker or other person foe 
** the transaction of stock aSiairs.'* 

GentlemenyLord Cochrane has complained thi^ he wa9» 
Dot called upon by tbe Committee of the Stock Exchange, 
tp give his explanation personally. It appears to me that, 
he has no reas<m to compli^n that they did not so call i^pon. 
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 e<}ual to the grave relation of this extraor- 
dinary story. Let us examine it. Lord Coduane tells us 
that being fit this manufactory of Mr. King s he received a. 
Bote, the name of the writer of which be cannot read, yet,. 
that he hastens home directly ; engaged as he is in tha 
aujpevintendingthe makipg of a Lamp for which he had ^ 
patent-- engaged too in this tremendous stock accounti^ 
which is at this very moment, under the guardian care of Mr». 
Cochrane Johnstone and Mr. Butt, abruptly dosing, he. 
instantly quits the City, and hastens home to see a pei5on« 
whose signature he cannot deoypher, and when be comes, 
^lerebe finds Mr, JDe. Berengfisr lo be tbe writer of the note^,. 
and be has all this extraordinary conversation with* binu 
about gping on boaxd ih» Totumnt iq iosuuct the cieif i% 



A9arprA(fomg, and tfaw when a mffs^we is p«t upon Mfi 
De Bertog^r'a applicatioji at kasti for the present, Mr. De 
Beraoger telb iiw he ceami fbrsooth '' ga to Lord YartfUmih 
er to miy other of-kkfriendg in this dr^ssJ' Why, I beg to 
know/caimofc Mr» DeBeraoger go no Lord Yarmootb or any 
other BoUemaii or gendeiiialk in \kt Afe»^ in wbksb lie waiu 
apon LoH Coobraoe i if be wm dresaed as Lmd Gochrana 
4e8«wibasi Uiare <mhiU1 be 110 impropriety ; but atiil more, ^' i»f 
return to hh lodgings where it would exdtt nupieion^" eor^mg 
ma 'of Mr lodging in this dns^s mi^t to be sace excite sus* 
|ttci«Q» for persons who saw him might inagine that a ^tf* 
tleaMta thus dressed was going a little beyond thi^ raioi of 
the Kiag^s Bench, but bow conld his #9^vm ejccite suspicion^ 
If he wm returDing to his iodgii^s why would ho wtot any 
other dress? except that he was afraid' to return to h!4 
lodgioga HI that dresa beeaose it would a0brd the means of 
tractn^aitd detei^g him. ^ If I refuted to let him jinn 
the. ship now, he woald^join it at Portsmouth, ^mderpretent 
ciromm(kuiCe$ howeter, te aitiil tue a groat liherty, and re^ 
fuett ihe favor rf me to lend Um a hat to tceor imteod ^ 
hie miliioff cap. Igovehim one whkk nm in o back room 
with soma tklngi which had not been peuAed np:' Then 
we«re to siqipose that De Berenger was siitisfled ; he had 
got^ridof this cap with tho goM border fi^hkh might excite 
snspiotoo, and be was content to go« No says Lord Coch^ 
rane that will not do* ** Hm)ing tried it,'' that is the hat; 
^ oif, his uniform appeared under his grOaijCoat, I therrfofe 
qff^orod him a Hack eoiU that was laying on a chair and 
Which I did mU inteitd to take miih me.'' We aire» I prot 
snaae then,- to nod^ntand that hi pot on the black coat; 
thoogfc that IS notei^iilBseiy statfcd^ '' hep\it up his untfoM 
f js a towel dnd^hortfy i^kmardsweM eu^^:' Then be itaa 
to gooff aatifely> was he f Genthmien, I am sorry to find that 
my* Loitl' Uochmod, fiUtng the high situation that he does; 
I fi»Aiin|^ wtOBg; iorosaisliog a peMa within die ruka of 



40 

the King's Bench to abscond, for whose sUy within tb^e* 
rales sureties have entered into a bond ; ^iher Lord C^ch* 
rane's mind has confounded all iright and wrong, or what i# 
more pi^biible^ he confessed this sR!idller d^Knquency to 
conceal the greater^ fdr I say he would not Kave made this 
acknowledgment unless he had to conoeal that he lent: the 
dress for another pm-pose, tot which ^lorpose^ I sc^y* Be 
Berenger resorted to hi m^ and which purpose* was answ^dred 
hy Lord Cochrane^s assistance. . ' » * 

Another part of this affidavit k veryiofportant, *^ Captdin 
Sewigerwore a grey great coat, a green ttnijhrm^ and a mt/n 
iarytapJ* I will prove to fon that lihe uniform was scarier, 
that it was embroidered with gold^ and that there was « star 
0n the breast. I will: prove chat by many peiaoAS who saw 
it; and I wiil'pr6dboeit to you to-day. 

A ciroematanoe is resorted to by Lord Codiranay and 
Indeed by his associates, as a defence whioh affofds«n<Mlier 
proof of the infatuation of guilt. TUey 'have- thought it a 
favorable circumstance for them that they sold out their 
stock early in the day at a small >pfo(it 9 in my miad it* is 
one of the strongest cireumstanoes against them, if tl^y had 
believed the news would diiey have soM ootearly, and at diat 
small profit ? why did they did so sell out ? but becaose ihey 
knew chat belief in the news would last but a very short 
time, and that they must take advantage of it without de* 
lay^ for when I have stated that ten thousand or toi tboasmd 
five hundred pounds was the amount of thetr pr<>fit I have 
very much understated it, their profit vastly eieceeded that, 
their profit was all they had been saved from losing, they had 
been that which is weU known in the language of the St»ck 
Exchange, they had been Bulb and tb^ had been invari- 
ably Bull9^ they had been raising the price by their puivkafles, 
their purchases had lastly exceeded their sides, as appears 
by the amount of the bidance, they bad gone on phinging 
llfejper wd deeper till d^ey were compjeiely put of ti^ir 



% 



41 

• - • . * • • • 

Aeprti; the 'market was flat, rf they hafl &old at 27 J they 
tvchild have been Insert to a small amount, btit unless they had 
made all mankind ashnngryfor stock as they wete for profit, 
they could not have got rid of their million of omnium and 
«tock, xvithout an immense loss ; and when they tell me they 
soW at once, I say yes, so you did, that is my argument 
ag!iinst you : I say you did not wait half an hour when the 
ti^s came, that as fast as you found the news operate, the 
teltgtaphic communication from Shorters Court to the Stock 
Exchnnge took place, Mr. Feam wias set to work— he wag 
«>rdered 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 othev Twenty-four Thousand omnium more than 
he had ; I think Aerefore this celling early, and selling at a 
smalJ profit will not much avail them, but very much the 
eontfary. 

Blit, 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 
Ihat De Berenger was not Du Bourg : for, if De Berenger 
was Do 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 
i» commonly known by the name of an a libi. — 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 
k. Lord Cochrane, Mr. Cochrane Johnstone, and Mr.Batt^ 
pvblished two affidavits of a man and woman of the name of 
Smith, who were the servants of De Berenger ; the aflidavits 
are of the same manufacture with the others. Affidavits are 
tooimonly in the third person, '' A. B. maketh oath and 
laitb/' but I observe all these affidavits, aa well Lord Coch« 



42 

raae's m (be Bast, begin I A. B* Ao swear, tlioe Aftdavilt 
I wUl read to yon, ** I William Smithy servant to Baroo De 
^ Berenger, do swear^ that my Master slept at home on 
'^ Sundaj the 120th of Febmary, 1814, as I let him in aboiat 
^* eleven o'clock at night ; that be went out early next moro- 
'^ ing, as i went into his jroom between eight and nine o'clock, 
^' and found him gone ont. 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 re- 
^^ turned, I then found my Mast^ at home, and I went tq 
** him to ask if he wanted any thing, he desired me to get 
^ him some ale and a mntton chop, which I did ; I saw his 
^ grey military great coat and his green drill dress, and « 
^ black coat which I knew was not his, lying upon a chaii^ 
'' in tho room ; he went out that day to dine between fivw 
*K and six o'clock, and came home about eleven that a%bt ; 
*^ iut slept regularly at home all that week, until Sunday the 
** 27thrwhen he went away in the evening, and desired me 
^ to cany a box of clothes with him to the Angel Inn, 
^ whicb I did> and I thm« left him and have never seen him 
'' (Ance, and this is all I know about my Master/' This, 
6entlemen, wa have too, upon the sanction of a vobmtar^ 
ajfidavU. Then comes his wife, ^^ I Ann Smith* feoMle ser« 
^ vant to Baron De Bereager, do swear, that my Master 
^' came home about twelve o'clock on Monday the 21st day 
'* of February , in a Hackney Coaeb,"— that I believe he did, 
^ he bad on a black coat, he had a bundle witli him, which 
^ to its appearance, contained his grey militaiy great-ooat, 
** and green uniform, he went out the same morning before 
" hstBk&aH without my seeing him ; and I do furtlier swearii 
^^ that I made his bed and cleaned his room as usual, on the 
^* dlst day of Februasy, which had been slept in ; he aU 
^* ways slept at home regularly until Sunday the QTlh of 
** Februarj^, and he*went away that day, and I n^er hava 
^* seen himrsinoe.'' Now> Gentlemen, if this batiruej to be 







4S 

sum it u id)a^ to telk of Mr. De B^eofer kfmng^been al 
Dover on that night; he could hot hare been at Dover, aad 
at the saaie time sleeping in his bed vithin the ruleg of ibm 
King's Bench Prison* These affidaTits were pat ont aa cook. 
plete and conclusive evidence, that all the snnnises of Diir 
Bonrg. aad De Berenger being the same person were abao« 
lutely mistaken, that the visitor of Lord Cochnney Mr^D« 
Berenger was not^ and could not be the impostor Colonel 
Du Bourg. • 

Gentlemen, at that time it was supposed Mr. De Betenr* 
gpr, was safe out of the kingdoaoi, and that no contradic- 
tion of these affidavits could ever take places aad that 
being supposed to be the case, tliese parties grem^ very bold, 
and there was a good deal of vapoaring. Mr. Butt wanted 
his mon«y. The Stock Exchange Committee came to thia^ 
resqlution, and it appears ^ me to be most honorable con* . 
duct, they resolved, not that the agreements of that daj. 
should be cancelled, but that an account should be taken 
pf the profit made by those persons, who, in these extraor-. 
dinary circumstances, had attracted suspicion to themselfes. 
That that money shoukl be paid into the hands of trustees^ 
to await the result of the investigation, and if the auspi- 
cious were cleared up, they should hme it, if not» that it. 
should be disposed of,, in a way that could attach no motive- 
of interest whatever to the ^ock Exchange pf to their 
Committee. Upon this lesolutionj ^1Q,500> the profit* 
made by Lord Cochrane, Mr* Cochrane Johnstone, and 
Mr. Butl^ were paid into the hands of trustees, to wait tho^ 
eveou Mn Butt was not satisfied with this arrangement^ 
and he was cbunoious for his money. They said^ '< wai^ 
a little, Mr. Batt^ you sbaU^bave it. presently, if you are 
entitled, to il,"— ^* I^o,'' he says, " give me my money.*'—. 
** it is. perfectly safii, Mr. Butt^ for your omsi honor and cha-, 
ractec'si ^abe wtitaUttWWNo re^ly^ hot ** tb« aon^— - 
give.metho mo«y.'' 



44 



Popuhis mi sihilat ; at mihi plaudo 



Tpsedoniij simul ac nummos contemplor in area. 
' Gcfntlem^ri, 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 — ^!ie 
will have conviction and shame, hut 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 OHt 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 Be- 
renger, 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 otT 
to Sunderland after him. He found he had gone from 
tlience to Newcastle, from thence to Glasgow, and from 
thence to Leith ; and at Leith, on the 8th of April, he 
appreheiidcd him. He was brought to London, and arrived 
in London on the 12th, and then on being shewn lo various 
persons who had seen him in the course of his jouniey, 
be 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 im* 
portant person in this transaction, he was identified by a 
Mr, Solomon. — And I will lell you who Mr. Solomon is.<~ 
An account of the dress of Colonel Da 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 stink by> 



45 

pieces of lead) containiog a scarlet ^id de Camp's ntufoMi 
cut in pieces, and a star and badgie which identified it beU 
yond contradiction, and upon this being advertized^ 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, to- 
gether with the grey coat and the military cap^ he had sold 
to a gentleman on Saturday the 19th of February ; the gen-^' 
tieman was very liberal in his purchases ancf 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, be wouhj rather purchase them^ 
and he did purchase them, and he paid for them in one 
pound notes and took them away in a Hact:ney Coach. Oct 
Mr. Solomon being taken to see Mr. De Berenger he re- 
cognized his person as the person who had so bought the 
clothes and paid for them. 

Gentlemen, what now becomes ot these affidavits' and of 
those who made them ? what becomes of. this alibi for Mr^ 
t)e 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 re- 
tort to faisehood, but because truth convicts them? If any 
person who is found in suspicious circumstances, and is ac- 
cused of the hij^hest 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 meaiis^ careless 
who was the instrument, careless too who was the victim. 

Gentlemen, suppose I were to rest my case here, anci 
were to call upon my learned friends to answer this case, I 
lieg to know whut answer they could give i what aje they to 



4a 

iajr^for tfaifl impostor Dd l^ourg, this real He Bef^ger^ re^ 
BortiDg to ihe house of Lord Cochrane thus deeply interested 
in the success of this fraud? thus linked inseparably with 
two other persons equally interested in the isuccess of the 
Iraud^ ^ho^ if a difl^nt kind of news had arrived that day, 
Would have been absolutely ruined: for if on the 2l9t 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 th^se 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 false* 
hood and by moral perjury, though not legul, endeavouring 
to defend themselvesi Will my learned friends to day call 
these Smiths I will they put these persons whom they have 
made commit this moral peijury into that box and expose 
them to the charge of legal perjuiy ? if they do not put them 
{here they ^ die and make no sign ;^ and, if they do 
I think I shall be able to shew you who manufactured 
these ai&davits, 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 
histead 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 ease 
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 f— why you must infer the contrary; it is a proof of 
Jnnocence, for if they had been so connected, De Berenger 
;wouId not have been such a fool as to pay his first visit to 
Lord Cochrane, he would have gone to any other house rather 
tham to Lord Cochrane's. Gentlemen, thac argument wUl njot 



4r 

assist my learned friendsy for it is too much to ask credit taf 
rational conduct in those who cannot act criminany without 
acting irrationidly. They wiio contrive schemes of fraud 
tannot always provide for all possible events. T^o, Gentle* 
men, it is the order of Providence, in mercy to manVmdj 
that wiojcednees should be defeated by its own folly. When 
die mind is in disorder the course is not straight i^nd even^ 
bat irregular and wavering, it is delected by its obliqniljy ; 
it is by the winding of the coarse that you discover you are 
in the path of the serpent '' Quern Dem ttdt perdere pritm 
iementat^ is a maxim which comes down to us sancti<med by 
&e experience of all ages; and no maa who has not slept for 
the last two years, can hesitate to set his seal to it^ trutlb. 
Gentlemen, it is as true of Stock-jobbbg conspirators a^ 
it is of chose who have lately been entrusted with the 4e»« 
tinies 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 fats way his heatt 
failed him, as to going to his own lodgings; hf dared not 
enter into his own lodgings in a dress, which dress would 
lead to detection, and he therefore drove to Lord Coch* 
Tane*s to get rid of his dress; and there he, by Lord Coch- 
irane*s assistance, did get rid of it; he procured a round hal 
and a black coat, and then went confidently and safely 
home to his lodgings, exempt from observation and sus- 
picion. 

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 natnrally ask, was De Berenger 
a person known to the Cochrane*?— -Can it be shewn from 
any other source, that they had ever been together befoije'? 
Gentlemen, I win shew you that De Berenger was ex- 
tremely weU acquainted with them; that he was a visitor 
at Lord Cochrane't, and a visitor at Mr. Cochrane John- 



46 

Btones; that he made it his boast thai he wa^ oa verjf. 
familiar terms with them, ^od tliat be had giveo them, 
important assistance in stock-Jobbing transactions, and thai 
be expected to be handsomely rewarded for his servicesj, 
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 acquain-. 
tance, if necessary, by personflf 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 affici^vits of the Smiths, 
(which so far are true,) that on the evening of Sunday tb^ 
£7th, (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 £6th ? — 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 atLeith, and there were found m 
bis possession certain books and papers and bank notes; 
these bank noties 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 m 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; be has contracted an 
affection for them I suppose, cm account of their having 
been hi9 travelling companions. They were hia solace in 



4d 

A lotig jonrnej, anil the support to which he looked ia 
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 cad be so blind as 
hot to see, in the pretended anxiety of Mr. De Berenger for 
these notes^ the real anxiety of his fellow conspirators; 
%ho hating made him their instrument in the fraud, wish 
to make him their instrument in the destruction of the 
evidence. 

Gendemen, there have been difitrences of opinion on the 
subject of iSank Notes as a circulating medium, but there 
fcan be no difference of opinion as to thfeif being most ad* 
inirable detectors of fraud. 1 have these Bank Notes here, 
tod 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 wais 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 ** O. T." which I presume to be Gabriel Tar 
hourdin, 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 thei^ttomey of Mf. Cochrane Johnstone, they were 
bound in a penalty of four hundred pounds for Mn De 
Beceng^r keeping mthin the Rules of the King's Bench, Mr. 
Be Berenger absconded and left them liable to the penalty 
of their bond ; and I cannot sufiiciently admire the good na^ 
tare of Mr. Gabriel Tahourdin, who not only has forgiven 
Um for kaving him in die lurch, but actually defends him 
to^Vp and is alto qna of his bail pi^ thii indictment. 



6(t 

Gentlemen, there are some parU of Ihis memoraiideni^ 
which I cannot interpret; perhapaiMr.. Cochraae Johnstone 
will give us the letter, and that will supply the exptabation. 
It begins, « To C. J. by March 1st, 1814, £S50, £4 to 
5000, assign one share of patent, aad i^lOOO wortli shares of 
Mr. De Beaufain, at Messrs. H. to their care.'\ No^ 
ooxnes the important part 5 I should tell yoii, Gentlemen; 
that Lord Cochrane, Mr. Cochrane Johnstone, aqd Mr. 
Butt, allege that their gains were not quite so great as tl>e 
Committee of the Stock. Exchaage estimate them to have 
been. They say, that the gains of tl^ three were but 
J^6500, of which Lord Cochrane's share was ^1700, and 
Mr, Cochrane Johnstone's and Mr. Butt's were .£480Q. 
Mr. Butt was the person who transacted the business, being 
jmore a man of figures, than the other two, and acting as theif 
agent^ he had rendered his account aq Mr. Cochrane Johi^ 
stone ; and k should seem as if Mr. t>e Berenger's compel^ 
nation was a per centage upon their gains, for h^ writ^ 
thus: *' Believe, from roy tnformant, *f 18,000, instead of 
«£4800;" bethinks their profit was four tmtB as much 4s 
they ^y; '' Suypicious that Mr. B." who ean that he e^cVffi 
Mt. Butt? " does aot account corrector to him as w^ll as 
me— determined not to be duped— no restrictions as tp 
secrecy, requestieg early answer/' 

. Theso are evidently, the he vis of 9 letter which he hai» 
tirrittea to Mr, CoK^aftc JobnstoM, Th«re a^e other nol^ 
^f letters to Mr. Tabotttdin a^d William SuMtli, giriog-di- 
7e€tions,^^vhich fhii^ly iodicdte that be was aaan.qmtUAg 
this Gauntry n^ver to return. 

. Gentlemen, there were found I have told yqu, certaipr 
bank notes, and a memorandum book, and yw will fiodifr 
this memoranduM book there ajfe tbe ^ig^res 450 w4i »> 
•ummed up together, malting ^540* Yom will . i^Jd *a^ he 
ift>ttst have\eceiv«d about thitt' sttm fwam Lord Cocbuanpy 
Mr. Cochrane JohBBt^BC^ and MlUBatti. k« aqcou(itfr:ll^ 



6t 

Ibr tte i^peDditiite ^f a ooiwderablepaort of it, mi as yon. 
go along witiii me, you shait be ^le to accotuut fpx H: hO 
liere ift W« &. ttiaib is WiHiam Siaitb, «£S0, W..& agaJQ/^^O 
hnd so on^ with Dames and sums aUogether amouojdng to. 
£iO$, and ihrnvt thare i» a tt^temeat ^ empffuqes ox^ l^is 
jtratney: ht appear^ frond both to have hafi in^hiaMofli 
£S4Q. FtoiH wiiott do you tbiok ^ had it f Fipm* ilia 
msodiatesin thb ttansaotioDi Lord Guc]^rane, M?« iQochp^^f 
Jobnston^^ and Mir, Butt ; 'we have traced ibe Oici^e^'^plp 
«v«ry 6ne' of themi I shall l^e anob)ed to ibew. t;b^e,pf r^oji^ 
attililly paying him this v^y^nLpney^ fiiid wh^a ? Bctweec^ 
the time of bis ttansaction aAd bis ahicondipg* \ wjillidheiv^ 
ymi that Mr. Fearn on the Itpth f f February, (}r^]nr. a checjc 
en Bond and Company for X56 -59. p;^yable to Af r. Battel 
diat tbaEt was paid partly in a fifty {(onn^ bi^nk note^ t^at 
bank imte was fotind in the possession of Mr, t>e ^^§p^er 
when be was taken 'at Laitl^. Oo the l6tb pf p^htj^a^jg 
Mr. Smallbolie drew a obeck m Jon^s, Loyd, a^id Cfu^ftB^v 
for <£470. 14s. 4d. made payable to a number, but actualjv 
giiiia jby biftaa H> Lord Cochrane, that was paid in a fewo 
litadffed peiiod natej tWQ one hundred pounds,<a fifty.j^und^ 
aome Biaall notasj ackd the fraqtion in cash. The two hw- 
dred {knind note w^ by order of Mr. Bntt» exchanged by 
Chriitma^ (a Clerk of Fearn's) at Bopd'a, on the 24th of Fe«* 
4riMry.— ^-Mank the day, , Geptl^sjasen^ the Thursda;^ ^^f 
this fiaod, tfSrtm .f )00 notes^those two ,^100 notes this 
«ame Ohrk of M«« Flam's parried to the Bank> exchanged 
«hem fcatwo himdted notes, of oae pound eaeh^ brought 
them back and ^ve ihtui to Mr. Fearn^ who put them into 
•file bands of Mr« Butt; irtid, aa if theae persons had been 
-flBQcioQs to littk themseVres to eaoh otiier inseparably^ Mr. 
•Butt^ iD Mr. Peirn's pxiesenoe, bai(ided ihem over to Mr. Co- 
^rane Jdbnslooei Oeodenseiv Of these two hundred notes, 
* t wffi shew yott that eleven were pasaad at Hull^ Mr. De 
baes alHaU at fjfit.ti^i that seven wens 
n e 



sis 

paii by kima't^ull, that ieten more have come intd'tb^ 
bank ftotd that country^ niatked with De Berenger's namei 
aVd that sixty-seven oif them Were found in Mn'De Beren-^ 
^^r*B writing desk at Leitfa. 

* Gentlemen, 1 told you that there wetetwo other notes foi 
jEiOO eiBich. At the same time that Christmas went to the 
tank on the '2ith, Mn Lance, who was another of their 
Agfents, went to the Bank, end immediately after Christmas 
^for the nnmbers follow each othfer in the Bank Books) for 
Ae other two notes of .£100 each, he got two hundred noted 
^so of one pound each, and he gave them to Mr. Butt» 
(jentlemeil, of those two hundred notes, forty^-seven have 
^ome into the Bank with De Bierenger's name upon them, 
&hi forly-iiine more of them were fbnud in Mn De Beren* 
ge?8 writing desk. I mentioned to you that another notfe 
given in payment cf this check to Lord Cochrane, was one 
for ilifty pounds,— that Bank tiote cf fifty pounds, I wItt 
|)r6v6 Lord Cochrane himself paid away to his own coal 
icnerchaht. 

Then, Gentlemen, thcfre h another check paW the 25th of 
Tebruary, 1814, on Prescott and Company by Lance, for 
'£9B. %s. 6d. "made payable to Mr. Butt, this was paid in a 
Bank note for fifty potlnds, another for forty pounds, and 
\he remainder in small notes. In the memorandum book> 
Ihefe is an entry to S. £50 importing tliat be had given t6 
"Smith «£50. ( will prove that Smith paid to Mr. Seeks diat 
same note for fifty potlnds, and the ft)rty pound note I wiU 
prove that De Berenger paid at Sunderland to Mr. Bray, the 
'rest we are not able to trace t add these stims togethclr^ they 
'amount to the £450, and the ,£90, the very figures enter^ 
in Mr. De Berenger's memorandum hook, which memoran- 
dum book Was foujid in his writing desk when be was takaa. 
Gentlemen, when I thud shew De Berenger, who quitted 
'London on* Sunday the ^7th of Febmary, having acconi' 
'plished this fraud on Monday the 21st; thas posseaaed t>S 



•notes of this iargc ralue, in this great number, lirkicfi Werft 
Hu the hands of these Defendants on Thursday the 24th ^ 
are you not just as certain that he received those notes front 
these Defendants as a Teward of his eriminal service^ as if 
you had been yourselves by, seen the notes paid, and beard 
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 bands of Mr. But^ 
upon which Mr. Butt directly addressed jthis letter to the 
Morning Chronicle, which appeared on the 18th of Aprjl;i 
^' Sir, Having read in several papers, a paragnq>h mentioii^ 
kig thac Bank notes were found in the trunk of Captain De 
Berenger, which were in my possession, and were paid to mt 
by Mr. Fearn, one of mj Stock brokers* I think it proper 
in answer thereto, to say, that as the circomstances wiil b^ 
more fully discussed at a proper periodi your astonishment 
will cease to exist when you see in what manner Captaiit 
De Berenger became possessed of the notes- in question J^ 
Then Mr. Butt knows in what manner De Berenger becama 
possessed. of these notes, I call. upon Mr. BoU to tell yott 
}kow they came into De Berenger's possession ; my learnedr 
Friends wiU hereafter have to inform you. And, Gent]0«c 
men, you will require something more than my Friend's 
statement, for the statement of Counsel you know, is from 
tiie instructions of the Client^ and the instructions of th^ 
Client may deserve no more credit than a vobaUMry affidavits 
I call upon Mr. Bua to shew that by evidence^ and if he- 
does not sliaw you that those notes ce^e 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 tlie guilty services which he rendered in this ' 
fraud ; and if so, it was a reward from Lord Cochrane, it 
|riM » reward from3Ir. Cochrane Johnstone, ii^was a rewur4'' 

93 



«4 

fym Mr. B9*fe ^y tw ^imwfl the m^% there b ^ idei^ 
tHy betw^» tb«fp (h^a^ p^ffM^ d^at Iwdly ever existe^, 
1^9 }m^ iMit one iif^ip4^ tbty 9^ a^j^m^j poaueclted. 
. Q^9t)^«i^n, I bw« tP PirolqigiaBI t« you for kaying in thi« 
Ullgfs mM3 of fli9.tter omitti^ €»^e tbiog, I ^We<J that { sho«U| 
prove to yoa UiiVt Mr, Cookcaoe Jf^htittooe had Galled f( 
tb« ¥<W^ 'rf P« Ber^^igef th^ day before hp finally vf^% pff, 
jl ^htU.prow that by Hn. Davidson, with wboni Jte Be^ 
rebg«r Mged> and I shall^ by her evidence |0d th^t; of ber 
hiiBl:ri^> fekify the Si^ith> affidavits^ for I will shew by 
them that en the n}ght in ^u^tien De Berenger slept out> 
sod that the faet txJF his deeping ont was known to Smitl^ 
•od his wife, idio have made the affidavits. 
. )fo^, Gentlemen, it appears to vie that I have done i^ 
gaeat deal more than sullkieiit to prove these persons gailty, 
knt they are nevqr oontented wifh giving evidence against 
Aeaoiselyes; upon the arrtml of Be fierenger in X^ndofl) 
ihey begfm to appveheod that the hour of detiM^tion di^eif 
Bear, atid that they vrast strike a bold stroke to ward off 
the bfew, «nd on the Ifth of April, Mr. Coefarane Johnston^ 
Hmtes a letter to the Chairman of the Ckmimittee of 
the Stock Exchange which { will read to ycm-^'/ Sir, 
i haYethis moment laoeivod a letter, of whieh the inclosed 
ia a copy, 9ad lose no tim* in tFaasmitlhig it tfi yoii* 
fidff the information of the Gentlemen composing the 
Stock Exchange Gusnmittee ; fiKun the bearer €iif the letter I 
am given tq onderatai^d that Mr. Macrae ia willinf to dis^ 
doae tbeji^iittesi^ the piiaeifKals conoarned in theblekoair^ 
qa bmg paid the suss of jf i'C^OOO, to be deposited in sotno 
by^eA'^ \mxxd» in tbe.i^iQesbf two peosons to be nominatad^ 
by bip^s^lf, an4 toibe p^kl to him on tl« e«aviction of ttie; 
OjjSTeader^. I ai^ lH4>piy ta.s^ tb^ tb^re seems vqw a rea^^ 
stable prpispeet of discpver-ing the author of the late boav^. 
af^d I civ^ot evince n^ «uyu^^$ wisb .t<? piQJftote m\i 4i^ 



5^ 

^ovcry more than by assuring you th^t I am ready to. con^r 
tribute ftb^rally towards the above sum of «f JO^OOO aud I 
relf a^ured that ypii will eagerly avail yourselves of this 
b^portunfty to effect the proposed discovery, and an object 
you profess to hare so much at heart, hy concurring with rae 
111 such contribution, I have the honor to be. Sir, your 
obedient humble Servant, A* Cochrane Johnstone * And 
"then there is Mr. M'Rae's letteir inclosed, addressed to IMr. 
'Cochrane Johnstone. *' Sir, I authorize the bearer of this 
note to state to you that I am prepared to lay before th6 
public the names of the persons who planned and carried 
into effect the late hoax practised 4t the Stock feichaoge 
the t\H of Rbruary, provided you accede to the termi 
tthich ihy friend will lay before you, I am. Sir, your obe-^ 
dient servant," A. M'ftae.'* Mr. M'Rae^g friend must 
have been the bearer of some message, for you observe 
that Mr\ Cochrane Johnstone's letter states more than Mrl 
M^Rae's letter offers, Mr. Cochrane Johnstone does not 
receive an answer, and that he conridered as very ill treat- 
mehti Si* days afterwards he writes another letter, *^ Sirj[ 
I Saveio'requeit that you will be so good as to inform me 
trkat are the iiitentions'of tlie Stock Exchange on the sub- 
Jetst'oPAd ikter tWiieh I addressed to yoti, telative to th^ 
^f^^bsad ef Mr. M'flae; Lord Cochrane, Mr. Butt, and my-' 
self ttt^ wilBiig" to subscribe i^ 1,000 each, in ^fcf of the 
;£10,000 required Iry Mr. M^Rael'' 

Gentlemen, these letter's call for more than one obsei v(i^' 
lion ; I cannot fofbe&i* to make one upon the term whTcU 
Mr.' Cochf-ane Johnstone employs to describe this transact 
llon-M^ A fiOAX,'' a mere joke, a matter of pleasantry." 
Oentlemed^ a young, a giddy, an unthinking arid cajclesi 
man', wlio had had no cohcern in the transaction, and who 
ftfcd never been suspected fo^have had'anyi might perliaps. 
in conversation, make use of that term ; but Mr. Cochrane 
loflnrtone is ifet young'j^ he is hot gidcfy, he is not unthioJ^-, 



^6 

}ng, he is not inexperienced, he has leen mnch of the work^ 
he is a caatious man^ he is a man of high and nqble famil]:| 
he knows that he is suspected of having been a party iq 
this transaction, and y^t he calk it a hoax ! I beg tp 
know what ^or^ ii^ Mr. Cochrane Johnstope> Tocabularf 
is to be found to express fbaup ? | presuine he wQuld call 
obtaining money by false pretence^i ai| indlilgence of thf 
imagination, and pitying with loaded dlce^ i^^Qiere exercisr 
of ingenuity. J^ it possible for any innocqat ip^, ^ituate4 
as Mr. Cochrane Johnstone then was, to describe (his 'foil} 
fraud by the name by wJiich Mr. Cochrane Johnstone \{erf 
describes it? But, Gentlemen, look jit the proposal itself; 
what must Mr. Cochrane Johnstone hare thought of the 
$tock Exchange Committee? surely be must have though^ 
that they were selected for their extraordinary gullibility, 
when he made this proposal to theii). Undoubtedly they 
would have had no objection tQ the assistance of an ac^ 
complice, but it must not b<^ aq accomplice choseq by hif 
associates. No^ Gentlemen, an accomplice choseii by hif 
associates is not chosen tp divi^lge, but to suppress tfa( 
truth. I should have thought th^t I^r. M^Rfte^ |(Qoifiog 
that they had complete proof ag^ins^ hiin*^wbt(^h had been 
obtained at a cheaper rate ffai^n £lOfiOO. might have mad^ 
«a more moderate proiM>8al. I should bay^ thpaght ^at im^ 
punity for himself, ^hich is the eoqupon pri<^ of an aocom*; 
plice, would have been sufficient to have had the evidence of 
Mr. M'Rae^ but Mr. M'R&e's pricf^is ceq thousand pounds ; 
his worthy companions are willing to Qontribute three^-Hhat 
is, they will give him three thousand^ ^n^ wi|l o\\tBin for hian 
aeven thousand more; and I have no doubt^ that |f the oflEtf 
had been accepted, Mr* M'Rae would very lK>ne5tly have 
earned the wboki and hav^ duly recollected to wbc^m he vr^n 
obliged for it. 

Gentlemen, when I^rd Cochrane, a few Jf^n ago, wa^ 
preparing for aa attack upon th^ |'rench fleet in B^n^ 



^oads^ suppose the French admiral had gent this letter t^ 
him: — Sir, You are preparing to attack me tOrniorrow, flie 
ibearer is the besL pilot on our coast^ I should he sorry that 
j^ou should run upon a rock, he will pilot you safely, do hi^l 
accept his services 3 but as his skill is great his price is 
}iigh--he requites ten thousand pounds ; hut so anxious aqpl 
I for the success of your enterprise, tli&t I will give him 
three if ypu will bu)t ^lye the pther seven, 

Genllemen, tliis is the modest proposal ^hich Mr. Coch- 
rane Johnstone makes to the Committe^e of the Stock Ez« 
cbange; and when he has so done he affects to h^ 
extremely angry that the Committee do not accept it, — 
GentlemeQ what can be said ipore ; what men would have 
jresorted to this expedient but men who felt that they were 
on the eye of detection, and who tried this desperate ex- 
pedient to see whether they could ward it off. 

Gentlemen, — I believe I have now arrived at the end of 
ray long long trespass upon your attention. Survey the 
whole of these tmpsactioi^s. You find that the principals^ 
-—those who Were to benefit above all others, were tlic 
Codiranes and Butt; HoUoway in a smaller degree^ but 
suU not slightly;— De Bei^nger the principal agent;— the 
pthers^su bordi nate agents, who could have done nothiiig unless 
the foundation bad been previously laid by De Berenger, 
IB the character of the officer from DovieTj his news 
had had its efit^ct upon the funds even before the 
second arrived. Though it cannot be shewn, as iti many 
cases it cannot, that these parties met andconfisrred wA 
assigned to each his respective part, yet if you find a coin* 
f^ideocte in qbjectt ai|4 aco^c^dence in time^ if jqa £nd 
the mode of execution precisely the same, is it possil^le tof 
donbt that these underplotters were the agents of the great ' 
ffon^'ators;'«-Tbat the great tonspiraton were the authors 
of the plan, . and that the others veete e^^tttfog their sul^ 
ffdinatepaft^ 



^8 

Gentlemen, . I have given you th^ best assistance in 
my power to understand and apply the evidence which 
yiliW laid .before. y(|u. They whom I represent, have no 
ivi^ but that justice should bq done; they have investigated 
this subject with great care, with great assiduity, with great 
diligence, with great anxiety. They have had no personal 
diftcrence with any of these defendants^ they have never 
come in collision with them, to have the smallest possible 
difefcnce; they have no wish but justice, and I am sure 
that at your bauds they will attain that justice; and your 
verdict to day^ (which I am sure after, you shall have Iward 
the whole of this case, will be a verdict of guilty,) will be 
a most salutary verdict: — It- will sUew the world that 33 
there is up 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 
|nrovide for all events. It will teach them that no eautjon 
can ijisure safety : that there is no contrivance, that there is 
no device, no stratagem, which can shield them from 
fletection, from punishment, and fropi infamy* 



Examine^ hy Mr. Bolldnd. 

' Q. I believe you keep the Packed Boat public boose at 

fkwer> 
A. I do. ■ > 

ft. Was your attention called to wy thing eaprly «p tbf 

mofning of the eist of Febmacy ? 



59 

A. No more th^n . a g^t^eman was knocking ^t Mr. 
Wright*s door of the Ship Inn, at Mr. Wright's fore door. 

Q. What time f 

A. Some time about one, or a Uttle 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 with- 
out one ? 

A- I went without a light. 

Q. Upon going out whom did you find at Mr. Wright'j 
floor? 

A. Some gentleman there. ^ 

Q, What was his appearance ? 

A. .. He appeared to be a gentleman. 

(Q, What wfi3 the appearance of his dregs? 

-4. He bad on a grey great coat and a uniform coat under it. 
. JUrrf MtnbQTWgh. Was there light enough by the 
mapa or tb& stars for you to s^e 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. 

Jtf>« Bolland^ Do you mean the gentleman you had seen 
^ the door \ 

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

JjQxd EllenborougA. f hat coat you describe as a uniform 
^at, wa9 a red coat i 

A. Yes it was. 

4f/*. BoUand. That was under the great ooat ? 

A. YeSf, 

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

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

Q. Had he any other ornament? 

^. Not to my knowledge. 



60 

CL Bid you fiay eny thing to |i!n^ or he to youf 

A, He was very anxious for a post chaise and fooft 

C2. Qid he apply to you for tliat? 

jl. No not to me in particular. 

€L Wlio had comie down to kim ? ^ 

j#* The porter at the Ship. 

Q- Had yott any conver^tion with hin^ f 

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

jQ. JOid ^11 tjiia pass in the passa^e^ or had you proceeded 
further ? 

jf. It passed in the passage. 

ft- Did he proceed into the house ? 

A* I asked him where he came from, and he told me he 
was the bearer pf the most important dispatches that had 
"^cen brought to this country for these twenty years ; I asked 
tim whefe he came from; he told me from France. I 
asked him where he landed, he told me on the Beach, and 
Re begged of me to get a post chaise and four for him ; and 
then I went and culled Mr. Wright of the Ship Inn; after \ 
came down from calling Mr. Wright^ h^ wai|ted pen^ ink^ 
fxii. paner. 

Jjord Ellendoroiigh. He went into the Ship Inn, did he ? 

A^ I shewed him into a room of the Ship Inn« As sooit 
as Mr. Wrigh^ can^e down stiiirs, Mr. Wright gave me i| 
sheet of paper, and pen and ink, which I carried into th^ 
ioom» I gave ii to him, and he begfin to Write upon tt. ' 

ft. You jaw him write upon it I 

A. I did: He caHed for a bottle of Madeira, and donfe* 
thing to eat. I asked him whether I should call the coU 
lector of the port; I told him that it was his business to see 
viich people when they landed ; he made answer to me, tfaa^ 
likbnsiAess did not iie with the collectors ; then Mr. Wrigfa^ 
ffflB^ \o hiii(^ and I had nq more conTernation with tiixq, 



«1 

Mr. BoIUnd. You say two candles were brou^it to 
you? 

J. Yes. 

4tL Where were tliose candles placed^ 

A* On the table where he Wtis writing, one on eacli tide 
of him* 

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

ui* Yes, I think that is the person^ (pointing out Mr. Dt 
Berenger.) 

Mr. Gumey. I will thank Mr. Oe Berenger to stand up. 

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

Lord Ellenboraugh. He will make bis election wliether he 
will stand up or not. 

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

Mr. BoUand. Who else was there? 

A' A gentleman of the name of Goni1ey> sind anotberdP 
llbe name of Edis. 

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

J. I did not know lum« they say there was sueh a person. 
iOiere. 

Q. Was there another gentleman in the house i 

A. Yes there was. 

Q. Did you go away or remain with him i 

A. I went to get the horses ready for him witli all po»^ 
flible dispatch. 

Q. Did you see him get into the chaise i 

A. I saw him after he was iu. - 

Q. Did any thing more pass in your presence f 
* A. No more than that he told the tw6 postboys he woM 
give them a Napoleon each. 

12. Did you observe how his head was dressed ? 



, 62 

A. "He had a Germaii cap on ^rttfi a gold fringe 6ri it ht 
sQver ; 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, (iJiewhxg a gf-^ cbat i6iht 
zeitness.) 

A. Yes, such a color as that, 
' Q. And such a cap as that, (shezsingafur cap to ihewiU 
nm9) 

A. Such a cap ; btit whetlier that was the cap t did hoC 
pay attention. 

Q, Have you told bis Lordship all that you saw and 
beard i 

A. Yes, 

(i. 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. 

a What are you to this Ship Inn, I do not quite nnder^ 
stand ? 

A. I live opposite. 

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

A. Not in the least. 

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

A. I was op. 

Q. What bad yoo to do with the Ship Inn, that because a 
nan i& kn6Cking at the Ship Inn door you light candles at 
your house and carryover? 

A. I went aero^ to s^ who the gentleman was. 

Q. Merely curiosity ? 

A. Mere curiosity. 
'. Q. And ffooi the same spirit of curiosity you Ht iwor 
candles and brought them over to the Sliip Inn ? 

A. I told 6» person to bring them over. 

€L Was it very beautiful moonlight that night? 

X No it was not moonlight. 



«3 

Q. Was there any moon that night; l&ad th^tis htxA ibu, 
flight at all? 

jt. I did not pay that attention to the night to say, ' 

Q. It was beauiifully startighf I suppose. * 

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

Q. Was it a foggy night ? ' ' 

ji. That I did not look after. 

Q. You will see by the Almanack it was ne\^ moonr tlie 
night before ; you did not observe whetlier it was moonlight, 
starlight, or foggy i 

A. No. 

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

A. Yes. ^ 

Q. Who let him in? 

A, The boots. 

Q. Did you see him f " 

A^ Yes in the passage. 

Q. How long did you converse with him about the new* 
tliat you say he said was greater than had ever been \i^mA 
of for these twenty years frdn\ France ? AH that passed i& 
the passage? 

A. Yes. 
" Q. How long t lime might you be in the passage ? • 

A* Not longer than five minutes before I weut to call &Ir* 
Wright. 

Ci. Do you mean you were with him only five niihntes ^- 
fore you went up stairs to call Mr. Wrighr^ or altogether ? 

A. Altogether I suppose about that^ I catinot speak to a 
minute ; but he Was in great baste to" get away. 

Q. How long do you think this person was akogedier act 
Mr. Wright's? 

A. I should think not more than twenty inlniTtes. 

Q, Where were the candles all the lime you wer^ iti tik 
{>a3sage with him? 



. . ^« t bad them in my hand. 

€L What did you do with them when you went up to Mrw 
Wjright? 

J. I left them wtth him ia the parlour ; boots got me 9L 

candle* 
Q. You held the candles in your own hand while yon re-' 

mained in the passage i 

X Yes» while the booU unlocked the parlour door^and 1 
went and put them on the table. 

Q. Before you went up stsdrs ? 

J. Yes. 

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

JL. Yes he had. 

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

J. No ; he wished me gone, and I did not go in ag^in. 

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 eacli 
you did not see him I 

J. No. 

CL You had nothing to do personally with this inn called 
the Ship .^ 

J. No, I keep the Packet Boat opposite. 

jQ. Do you kBow wheibei there had been a large company' 
at the Ship Inn that day i 

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 yon ever seen this person who you say is the 
.ftntleman sitting before me before that time i 

A* Not before^ nor yet since, tiU to-day.. 



Q» And froni this alight observation of him, trhichyou 
have described, you take upon yon confidently to awear 
that this person sitting before me is the man I 

^i* Tes« 

Q« Never having ^eeti him before tlor agdn dU this day? 

A. I am very welt satisfied. 

Q. Yon are Very easily satisfied I see ; .were you ever f x« 
amined upon tijis subject before? 

Jl. Mr. Stowe, the collector — 

Q. I do not ask as to Mr. Stowe^ but were you ^ver 
examined in London before 7 

ji. No> never. 

Q. Mr. Stowe is the only person who has exsonined you 
upon tins subject till my learned friend has done it now^ and 
I cro^-examine you? 

J. Yes. 

tU^xamined hy Mr. Sotland. 

Q. Before you sent for the lights, had the gentleman told 
you what his business was, and that be had landed frt m th« 
Beach ? 

A. He told me before 1 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 stran- 
ger of some importance? 

J. Undoubtedly. 

Q. You have said you bad 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? 

J. Noj it was by myself in the hall, 

Q. Did you know him when yon saw him I 

^. The instimt I sa^ him. 



m 

€L Had j0a the I«aist dmibt upon jtmr miad of bb beiog; 
the mad? 
Am Not the least. 

Thomas Worthington Gourkif sworn. 

Exawmed by Mr. BoOand. 
Q; Toil aie K hatter at Dover I believe ? 
A. I am. 

Q. Were you at Mr. Marsh's, the Packet Boat, W the 
morning of the ^Ist of February ? 
A. I was. 

Q. Wa&your attention called tor any diing in particular on 
that morning? 

A. Yes it was, atfter Mr. Marsh went oul first and dalled 
for lights, I took two candles and went across with bini to 
the Ship. 
Q. On getting to the inu wliat did you perceive? 
A» I perceived a gentleman in a grey coat, a pepper and 
dalt coloured coat, more properly speaking. 
' Q. Tiook at that coat, and tell me whether it was like that f 
A. Something similar to that. 
d. Did you remark any other part of his di*ess ? 
A. Not srt that time. 

Q. Tell us what passed when you went over ? 
A. Mr. Marsli asked me to go and call the ostler op, and! 
tdl him to get a post chaise and four immediately. 
CL Had the stranger said any tiling in your presence i 
A, Not at that time. 
Q. Did you do so? 
A. I did. 

Q. Did you return back again ? 

A. After some considerable tiine~I was somethne ky 
getting the ostler up. 

Q. Where did you find the stranger on yottP Jpetimv? 
A. I found him ia tlie pailourr » 



Q. WcK iktte any t^bto in the. room ? 

j1. There were. ., 

Q. How w€flre the tigkts placed with i^fei^oe to hialj 
ami what was he doing ? 

A. There were two candles on the table, the gendemaii 
was watkiog ^loal^ he had fpx a unilorm diess on I per- 
ceived then. 

Q. What was the colour of that dress t 

A. Red^triromed with gold lace^ widi a starupen his breast. ' 

Q. Did you perceive any other ornament i 

A. No I did not, to notice lU 

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

A. He had got a cap on. 

CL Was itlike that cap ? 

A. Something similar to ihat. 

Mr. Pofk. Does your Lordship think they ought. to be 
exhlbitiDg these paraphernalia; it af^^ears to me something 
like a novelty exhibiting such things in a Court of Justice 
till the proof has gone further i 

Ijafd EUenbaraugh. The witness has said he had ^ cap 
en, 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 night send to Covent Garden wardrobe and 
fetch all 4ihese things ? 

Mr. Gumey. I undertake to prove by the person who 
made the dress for De Berenger, that these are fac similes 
of the articles oi diress inade for him. 
Mr, Park. You stated.tbat very expressly and very clearly. 
Lord Eltenbaraugh. Unless his recollection goes to their 
being such things, I think it would not go far ; it is a thing 
thatMeufs everyday, I have «een it twsenty times at the Old 
Bailey. 

Mn Purk. It assists the recollection of the witness^; 
whidb I say iuyleafocd friends ajoe not entitled ta.dov 
• 12 



Lord Ellenbartmgb. When tbe witnen has g^ren a prevtous. 

description of the dress, it is very usual to ask wherein does 

< ft difier, or what sort of a thing ia it^-^hey most fint lay the 

foundation for the production which I think they have done 

in this case. 

Mr.Bottand. Had he a eap apaa bis head sionkr to 
that? 

Jl. Yes he had. 

€L tifad that gold lace on ? 

J. It had. 

Q. You say the gentleman was watting up and ilowtt the 
room? 

^. Yes. 

Q. Did he say any thing in yoar presence f . ^ 

A. I asked him what the news was* 

Lord EUenbdroi^h. How catne you to ask that i 

A. Beeaase I had heaid Mu Maith say he was a If caaragf r 
come over* 

Mr. Bolland. Did he reply to tfaal) 

A. He told me that Mesaei^rs were sworn to saemoyy 
but that he had got glorious news he had broaght over to 
England, the best that ever wa^' known for this country. 

Q. Had yoCi any farther eonversatiott with him i 

A. He rung the bdl and called for a pen, ink and piqicr^ 
to write a letter to send off to the Admiral at Deak 

Q. Waa that brought to him ? 
^ A. It was, and he was writing the letter some little tk»e 
while I wa& there^ and I bid him good night after that, 

Q. Did you take leave of him befiMre be had fiMbed the 
* letter r 

A. I did. 
^ ^. Where were tiie candles daring tibe time dwt he waa 
writing the letter? 
*'' A. On the table. 

Q. Were they sufficiently ienr himioienable you to ttb* 
serve him? t 



Q. Can you point out to the Court; thut person wlio wrolp 
Umk le^ OB that night ? 
^.Yes. 

Q. Will you point him out ? 

A. Yes, that ift tbe^eiktleBMn (pmntwg^ to De Beter^r.) 
Q. Have you any doubt upon your mind of that? 
jt^ None in the least. 

, Cro$s-examitte4 by Mr. Richardson. 

'/Q» You did not ^mt ovec mntil yon w^fa cfiUed for by, 
Mr. Manh to bring candles f 
*il*.NoI didnot. 

Q. You were immediately sent to order bor«eSr ^^^ you 
nuti 

A. Yesp I went and called the ostler up. 
1 Qi.ldiink yoi atate tdM yoa wece iJi^^ s^iyie tk|ie in 
performing that service i 
A. Yes, I was some little time before I could .wake .the 



V Q. You Uft the candles la the passage with Mr. Marsh i ( 

A. Yea. 

Q. Yom.haadad the oaAiUes to hiqi> and went iouaediatfly 
to call the ostler f 

^.Yea.. 

Q. It was not till after yoi| returqed, having been absept 
aome little time that he rung the bell and ordered peat ink, 
and paper* 

^. Yes. 

CL That order was given in the parlour, not in the passage? 

A. Yes. 
- Q0 Did you see him write upon the paper i 

A4 Yes, I did* 

Q. You are a hatter f 

A.Y^. 

b3 



70 

Q. There is a hatter*s clab at Dover, is tfiene aot f 

J*. Not thak I know of. 

a Were you up at this time wheii:ihU'QraMMtioa tank 
place^ or did you get up for the purpose ? 

j4. I was up at the tim<?. 

Q. Had you any particular meeting on thatsday i . 

A. No, nothing particular^ only I was saookiog a . pif e 
with Mr. Marsh. ... V. 

Q. At one o'clock ? 

^. Yes, a little after otie, it was between one and two 
o^clock I sto|^>ed tbeie after two o'ckid^ I. stopped saUe 
considerable time after the gentleman waa«giiiie away. . . 

Q. He was not there above a quarter of an faoor, op tveftty 
minutes, was he- f 

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

Q. He was in a great horryi togttcff, and wenloffaeeaoa 
as the horses were ready ? 

J. He did. 

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

A* Noy 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 lo4a^« 

Q. Have you not been at London to be ezaminedi 

A: Ho. 

Q. Yon have heard a great deal about this transaotkm i 

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 fall of thi^ 
thing for a long time? 

A. I frequently read the newspapers. 



7b 

Re-examined bjf Mr. Borland.' 

Q. How long had you an opportunity of observiitg hfm? 

u#* Pefliaps I might be in the roop. three or four voifkx^. 

Q. During that timc^ wasyonr attention caUed to him j 

A. Yes, on account of the glorioug news he sai4 l^.had 
tocNt^t. 

Q. It was a wdcome f«ce at Dover ? 

A. Yes» it wa$ indeed^ and that mads me take imure J^tlce 
than I should have done* - * 

A JurymoM. Had he a ei^ on all the time yon 9fLW ^.m f 

A. Noi he bad not. 

Mr. Park. It was only three or four miautea aitogedier? 

A. I beg your pardon; I did not say it was only three pr 
four minuiesi I was asked whether- it was three or four mi* 
nutes^ and I said I had no doubt it was. 

A Juryman. Are you sure that is the man i 

u<* That is the gODtlemw that I saw there. . . 

£or<2 Ellenborough. You have no doubt whatever^ 

A. No, I have none in the least* 

EUoii Edii smom, 

. Examined by Mr Bolland. 

Q. You arc a cooper in the victualling yard at Dover, are 
yoaiiot? 

A. Yei. 

Q. Wereyou^ on the morning of the £lst of February^ at 
the Packet Boat? 

A. YeS| I was. 

Q. Was Mr. Gourley there with you i 

A. Yes. 

Q. WaF your attention called to any thing particular on 
Ihat morning i 

A. Yes, a messenger arrived. 

Q. Did you see the messenger f 

ytf.Yes. 



72 

Q. Where did jou first ^e himf 

A. At the Ship. 

Q. Was he in a room^ or in the paissage of the ^p/at ttie 
time? 

A* In a room. 

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

A. Be 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 yon observe the other coat that be had on ? 

A. He had regimentals; scarlet^ trimmed widi goftl« * . 
' Q. Had they any other ottiameiit on them i 

A. I did not particularly take notice. 

Q. Do you recollect how his head wis dressed } 

A A cap, with a gold band abont 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 beaverj | 
do not know whether it was black or brown. 
Q. It had the appearance of rou^h beaver X 
A. Yes. 

JkTr. Holland. Will you now shew him the cap f 
Mr. Park. I think i^ should be more described before it is 
shewn to him; this is a totally different description; this may 
bf. yery maierial. 

Mr. Bollavd. Tlien I will not shew him the cap at all.-r^ 
Had the cap any flap to it ? 
4, Rather f^ flap rpwd, a^ I thought— all round, ' ' 



7* 

Q. I ask you, whether the cap wa^ cut off without, po^ i:m 
tp it, or had ita rim like a hat? 
ji. No, it had not a rim like a hat by any means. 
Q. Had you any conversation with him ? 
^. No. * . 

CL You say that at first he was walking about the room i 
J^Yes. 

Q. Did he employ himself in any other way while yofi ware 
there? 
A. I saw him before I went away sit down to write« , 
Q. Did you hear him order a pen, ink, and pape^r I 
. A. No^ I' did not; 

Q. Did he, in your presence, say any thing as to whom ' 
lie was writing to f . . ,» 

J. Ho, I could h^nr him »alk» but sot to wimUnAhmi, 
CL TbAt was owing to your deafness? . / . 

^.Yes, 

Q. Did he keep his cap oh the whole time you weseithtoe, 
or did he take it off? 
J. His cap was on ^hile I was there* 
Q. From the observation you made upon his penmi,: enm 
you point out who that person was whom you saw cm that 
night ; have you seen him ? look round and see whedier 
you see him here to-day, 

(The witness looked round the Court for some tinm^ 
J. That is the gentleman {pointing to De Beraiger.y : 
Q. Have you any doubt upon your miud about it. i 

4' No. 

Cross-examined by Mr. Parh> 
Q Had you ever seen him before that night? 
^. No. ... . ^ 

Q. Have you evej: seen him since ? 
J^.No. 
Q. How long did you ?ee hi©? ' '. 



74 

' Jl. T did not minute'die time. 

Q. Upon the whole, how paaoy minutes do yon think yotf 
can now say you saw him that night f 

A. I might see him t>erh4ps five or six minutes^ or more* 
I was in the room twice. ^ 

Q. 'Were you there befoi^ Mr. Gouriey, or afiter him ? 

A, I was in the room with him. 

Q. Did you go over bePore Mr. Oonriey^ or after him i 

A. After him-^I followed him. 

Q. Immediately ? 

^.Yes. 

Q* Did you come away as soon as he didj or did you re* 
main there afWr hintf 

A. I did not take particular notice of that ; the door Wat 
open, and we wMt in a^d 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\t ? 

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

Q. How could it slouch down, if it had no brim to it ? { 
do not understand that ; if it had merely a crown to it that 
^Muld go round liie bead, it would not stoucb down. 

A» It was drawn over bis forehead. 
. 4t^ The roand part of it was drawn down over his fore* 
head ? 

A. Yea- 

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

A. What gentleman ? 

Q. Were you ont of Court? 

A. No, I was not ont of Court. 

Q. You have been behind ? 

Ji* Yes. 

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

il.No. 



*5 

Q. When did you eome iitt# Cwvt; dU yon eome in 
wbeQ Mr. Gourlej? wa3 ezamining, or. whoa Marshy the for- 
.4Dier witness, was examining ? 

^. NO| I was out of Court at that tfane; 

Q. Had you left the Ship Inir before iStns geDtlemaD, «t 
you s!^ it was, liad left the Ship Tnn and gonebadr U^ Ae 
Packet Boat? 

jf.. Ho, I saw him start off. 

Re-examined by Mr. BoUand. 

Q. Did yon come into Court befoceyon. wen calUdi 

J. No. 

Mr. Park. No, T give that up. 

Lord Etlenlnnvugh. A deaf man is rather an asrkwatd maa 
to be an eaves dropper. 

Mr. Park. I could not put so silly a ^pjKstion an iImiI. 

Lord Ellenhonmgh. He is die imy last maathaft ova tfkKfUld 
suspect ; he could not hear if he was in Court. 

Mr. Park. If he had been as. deaf af deaf cobldbc^if he 
had seen a person point at the Defendbort| that would hai!t 
been sufficient for his parpose. 

Lord EUaAonagh. But you saw bow he S6aichedir«im4 
fte Court before he found him. 

Mr. Park. But when I have a case presented to ana 1 niil9l 
4o my duty, however painfol it may be. 

L(utl Elknhmmgh. Certaialyi itis my virish yon sbpnUL 

The Ci^ wa$ shewn to the witne$M. 

Mr. BoUand, Was the cap like that ? 
* Jl. It was in the same form as that. 
0. Was the lace like that ? 
4. It was like that; I cannot pay that that was the. ea{i« 



: MnWilBBmSt.Jehm 

ZxamMedbgMr.Bottand. 

Q. Wbeie do yon lende? 
,yf, IO:Iii«fev Brook sirett. . 

. Q. Were yon at thciSliip Lntat DoFer^ oa the Aioi^g of, 
the Slsfc of February ? 
j|. I was. 

Q. You were there as a guests— as a traveller I 
A. I was. 

Q. WaayDOTJatlanliett ideri to aiq^ tlikig po ihat moKp- 
ingl 
^•Yesjtwas. 

%i Wwe /you up ih the iBormii^^. or had yoo tttired to 
rest) 

Am I hkA min ed- 1» tent^ 
' '<|.4CMe<6«beCaDitwbititw«swhiQhexciu4yoQratt^n*> 
tioo. 

' A. I ifaiiik at a qaaMor. past one,, ot loinifwhere there* 
ilMmt^ I heaida viokm knockiDg at the gate or dooi;:, aofdk 
a penK>n caUing out for a postrchaise and foqr; mm^iate^y^ 
l|;et«ttp**aa«l diaased ifcyaelf as qidckly as .possil|le^ aod 
went down stairs. I m^t Mr*. Wright, the, Jw41<u^f and 
asked faifli-««^^' 

Q. Do not state any> tUag that passed between yov an^ 
Wiight) mfass the stranger was there. . ^ 

A. I went into the coffee-room^ I think it is called. 
Q. Did you observe any body tber^t 
A. I saw a gentleman in a miiit^ry uniform. 
Q. Will you state, if you recollect it, what bis dreas w-as t 
A. He wore a scarlet coat, with long skirts, buttoned 
across, with a red silk sash^ grey pantakionsy and. a^ gcej 
military great coat, and a seal-skin cap, I think it was a 
seal-skin cap, on his head, of a fawn colour. 
L^rd Elknborough. You did not touch it to feel it^did you? 
il. No ; it had a goJd band round it. 



4 



Mr. Bolland. Had he any omani^tot on his unifdrm f * ^ 
A. There were dome omstinetiti bnt Ido not inoW Wliat 

they were, something of h star bn his mffltary drtss. ^ 
O.'How ^as he engaged at the tSnle you first saw him)* 
A. Ik was walking up and down the room in a veiy^ jg^iiod 

pace. • » . •• 

Q. Did any thing pass between yon and hnnt 

A. I asked a question. 

Q What question did yon ask him F 

A. I asked him aboilt the aniVd of a tatmtSkf^t, ibd lie 
said, he knew nothing at all about vu 

Q. What were the terms in which you asked hiinf 

A* 1 asked him if he kneir any tUn^ of the arrival i>f ff r. 
Johnson, who was the Messenger expected.— He saidj[ he 
knew nothing at all about him, and begged T wotdd lelive 
him to himself, as he was extremely 91/ (>ta my feaylng 
the room, he requested that I would send in paper and pen 
atid ink. I immediately ^ett^d, mA 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, 
Idid. 

Q. How was he then occupied? '* * 

A. He was writing. 

Q. Did he say any ihing of what he was writing f 

^.No. 

Q. Did you afterwards hear him say any thing, or see him 
do any thing with the paper upon which h^ was writihgf 

^. No, I did not • .' ' 

Of. Did you hear him say any thing to Mr, Wright ? *• 

'A* No, I did not,— not in the robm^ ' 

Q. Did you continue in the room during the Whole' tinife 
he was writing, or leave it? ' ** •-•. i«4i • 



n 

. Q. Did you agaiit see Inm^ and where? 

^. At the door in the «treet^ stepping into the carrii^« 

Q. Did jou hear him lay any thing there^ or see him do 
any thing? 

A. 1 asked hiln what the news was,— he told me it was ag 
good as I could possiUy wish. 

Q. Did any thing m<Nre pass between you and him? 

A* Nothing more. 

<L Did. you seeirbathe.did with the paper upon which 
he was writing? 

J. Nc^^ I did nol^ . 

Qk Did yon hear any thing.pass between him and any 
odier persons ? 

A. No, I did not. 

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

J* He went away first* 

d. Did any thing pass firom that straqger pr to boareS'^ 
pecting the latter^ . 

Jl* Ho, not that I heard. 

Q. From the obserration that you made upon that perion, 
could yon point him out ? 

ji* Certainly. 

Q. Look round tha CoujEt, and see whether he is hare ? 

J. The gentlemn is below me, (pointing to De Btftnger,) 
this Gentlemen^ who is writing here. 

Q. HaTe you any doubt of it? 

J. Npt in the.least. 

Q. Had.you seen him before that day ? 

J. This is the third time I ever saw him.^1 saw bim by 
accident in Weatmiusta? Hall, pasnng through the Halt 

Lord Elknborougk, Did you recollect him whtti you saw 
him there? 
^•Ipmadiately. 



79 

Mr. Bolland. By what accideut was it ilbat .you stW'^ini 
there ? 

^« Iwentdovm theie. 

Q. And there by chance saw himi .... 

^.Yes. 

Q. Were yon desired by any body to go down? / 

A. A friend of mine asked me to f#.4pwn« The iSwt is 
we were' going to NeWgate; b^ving' heurd that h^'Waa 
gone to Westminster HaQ, I went down there^ : 

Q. Was he walking about iim Hally or whriW W9I^ he 
when you saw him ? 

A. I first saw him in the court. 
' Q-WashealoneyorweRthei»«ili^|MiiQMaUottthite? 

A. There were many persons aboat him. 

a You have no doubt of the person i 

jB(* I have no doubt* 

Q. You recollect nothing of any letter i 

A: Ho, I donot 

Crass examined by Mr. Richardson. 

Q. You told my learned friend you had seen this, person, 
three times ;— K>nce at Dover, and to day , and another timc^ ; 
by accident that was so-^was it ? 

^•Itwas« 

' tt.'Did you go to Newgate by afpcid^t.? 

A. NO) I did not, I went there accompanied by a fnund 
to see him; it was mere by chance that I went ^Ifir9(m to 
WestminstetPall . 

CL Do you call that an accident in your Tpcabtfary i . 

A^ I had no intention of ffiiiog there ten nuai|t«A Wfi>rew 

Q. You did not »go witi^ your .firiMd for ihn yitifoe^ of 
looking at him? 

A. I went alone, I weqt with a friend to Newgate*. . \ 

CL You did not go to Westminster Hall fcf tbn^imqiDse 
of looking at him? 

il^Idid. 



«0 

CL Did you not follow him to Weatminster Hatl tot the 
INirpose of looking at himf 

^. Yea. 

Q. Whoiras die friend who went with you to Newgate? 
' j#. Mr.dake8ofll»e6totkExchaDge« 
*■ €L tliat was the day yom knew he wss to come to WesT* 
minster Hall for the purpose of pleading to this iadictmntf 

X I did not know any sadi thing. 

Q^ Were not yon so informed when you got to Newgalei 

jt. I was. 

O. And tiMi yow feUowed him to WestminsterHall, and 
saw him pleading to (his indietoEient i 

jr. I saw him in Westmiipster 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 h^ad. in 
the inside of the curtain. 

Q. Did yon not hear the officer read something to him, 
and ask hinr whertier he was guilty or not guilty ? 

J: 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 i^ in Court, .under the 
Officer? 
^ Jl. He was. 

Q. You were not resident at Dover, I thinfai» 

J. No, I was not. 

Q. What'is your business in I^ondon^ 
• J. I h4v» « situation in a poUic ehafity. 

aWhatisthat? 

4. Th^iciiih CharilaUe Society^ ' - 

- Q. Aiffott Secretary 10 «hai? * * 

J^ No, Accountant. ' • ' ^ ^ . 

. . J .K 



Q. U tbat your on]y U&e of bufioew i 

A. Yes. 

Q. Have yoa notbing \o dq with the Stock Exchange ? 

^. 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 i 

A. I have had some transactions in the Stpcka, 

Q. Have you ever acted a9 a Broker i 

A • No, never. 

<2. Your transactions in the Stocks h^ve lieen enturolj. 
on yo«r owii account f 

4. Yes- 

Q. Buying attd seBing Slock upon your own account ? 

A. The fact is, I held some Omnium* 

€L AadsoM it again I 

4' Yes. 

Q. About what time ? 

A^ I bongkt it before that time. 

Q. When was it sold ? 

A. Some days after this transaction. 

Q. Yott were in this room twice, t thmk yon said ? 

ur.Yes. 

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

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

<2. Upon your oath, how long were you in die room at 
diat time ? * 

A. Not more than a minnte. 

Q. It might be less ; you went immediately on his re- 
questing you ? 

A. Yes; as soon as possible. 

Q. The second time, you stated to my leWMd friendi you 
left' the room immediately after '}*ou we|kt ia,«-4iow long 
were you then ? 



A. I suppose a mia'tite; I went up to the iSbie and bit^k 
again. 

Q) You did not see him do any things but write a letter f 

A. Ho. 

Q. Had he his great coat and cap on^ all the time you w^fe 
with him i 

A. Yes, I did not see him' without fheAlf. 

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

A. No, it was not, it was a cap without any le&f at all toSl^ 

Q. Coming over the fot^ted ? 

A. No, it fitted the head tight, but had if^ith^r a leaf or 
ainy thing else to it' 

Q. What might be your business at t>ovet at that time I 

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

Q. Wds 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 pre- 
liminaries 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 f 

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

Q. Upon your oath, you would not have communicated if 
t6 the Stock Exchange f 
' A. I should not. 

Q. It was by Mr. Oakes*s desire, you say, that you went t0 
Newgate,— wiCi it by his desire you went to Ddvct f 

Ai It w^ not. 

Q. Did he know of your going to Dover ? 
. A. He did not. 

€L By whos^ desirt did you go down I 
% A. By desire cf a friend 6f amine. « 



83 

Q. Who was that person i 

A. He was a frieod of mine* 
Q. What was his name \ 

Lord EllenboroHgh. There is no objection to joxxt tellinglt» 

Mr. RklMrdwi. Have you an/ doubt of it in your me- 
mory f 

J. No, 

Q. At whose desire did you go down^ 

J. Mr. Farrell. 

aWhoisMr-FarrellJ 

A. He is a Merchant, 

Q. A Merchant ia the City of London I 

A. Yes he is. 

Q. Has he any thing to do with the newspaper yon have 
tpoken of? 

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

Q. What is the name of it ? 

A. The Traveller. 

a Where does Mr. FacreUlive? 

A, In .^lustin Friars. 

CL 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 btelligeuce that migfit 
arrive and to communicate it immediately to Mr. Farrell? 

A. Yes, or Mr. Qub, the other proprietor of the news* 
paper. 

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

A. I do not recollect haying said partly. 

Q. I am in the recollection of the gentlemen of the Jogr^ 
whethar you did not say so* 

A Juryman* You said one olject was that. 



84 

Mr. Richardson. What other object had ygn? 

jt. That was the only distinct object I had^ 

CL Then you meant that yon had no other object but that? 

-4. If there had been a preliminafy Treaty of Peace ar- 
rived, I should have returned to London^ and of cQutsc 
I would have made wIhiI I possibly could of the little Om- 
niam I held. 

Q. That was the other object t 

CL All information of slighter importance you would 
have communicated to Mr. Farrell^ who s(ent you ; if it bad 
been very important^ you would have come to Londoo 9xA 
sold your omnium ? 

A. Certainly. 

Re-examined by Mr. BoUamh 

Q. At the time you- saw Ihat pereon i« Westminster Hy}, 
I think you told me he was t>tandi^ wi^ a iramber of 
others? 

A. He was. 

a Did any person point out that pertofi to yow i 

A. Ho. 

Q. Was it from the recollection of y&w own «ifid> liiai 
you discovered him i 
A. It was. 

Q, Do you know a boy of the name of ions f 
A, No. I do not know him by name. 

William Ions teas called into Court. 

Mr. BoltotidK*^ SP. Jehm.) Do you know that b<»y 5 

^Yes. 

Q. He is one of Wrij^tfs boys i 

. 4^.Ha ii. 
Q. Did you see him on thiit night. < 

A. I did"! 



85 

Q. Upon what occasion ? 

A. He was sent as an express^ there were two exprevsea 
that nighty he went with oneof them, 

Q. To whom was that lad sent ? 

jf. I^ think lo the Port Admiral at Deal. 

Q. Whose express w&s that? 

j4. It was an express I believe that Mr. -Wright gaVe him 
from the gentleman who was there. 

Q. Do jou mean from that gentleman ? 

^.Yes- 

.WHUum I(m$ mwi$. 

Examined by Mr. Gurnef. 

Q. In the month of February last were you iii die aei^lc^ 
of Mr. Wright ^f .Dover. 

J. Yes. 

H, WeneyiNi t^ when ibe a&eer anri^ed tbere^ or w^e 
you calied up ? 

>#. I was called up. 

Q. Were yoit sent off with an e^tptess to Admiral Foley i 

J. Yes. 

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

J. Yes, I did. 

Cross-iTMihed iy Mr. Richar/fhon. 

<1 Who gave you the letter that you speak of? 
^. Mr. Wright. 

Ct. He gave you some leKers to carry to Admiral Foley? 
-rf.Yes- 

Q. Where did he give it you ? 

A. I. was at the fore-door upon the poney, and be came 
^ttt to-fhe door to me with the letter* 



80 

Q. To whom did yon deliver it? 
jl. To the Admiral's Servant, 
a At Deal? 
A. Yes. 

CL What is her name ? 

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

Q. Yon did not see the Admiral ? 
jl, I saw him that night, 
CL Do you mean before you left Deal ? 
^.Yes. 

CL This letter you delivered to some servant at the door? 
J. Yes- 

CL And she carried it up stairs ? 
^.Yes: 

Re-examined by Mr. Gurney. 

CL Aftet she had delivered it up stain»yoa sam the Admiial? 
^•Yei, 

Admiral Thomas Foley mom. 

Examined by Mr. Gumey. 

Ct. On the morning of Monday the 21st of February did 
you receive a letter by tliat 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* 

CL Did you get up immediately i 

A. I read the letter in bed. 

Q. Is that the letter? (shewing a letter to ihe mtness^) 

A- This is the letter. 



87 

'€L' Bii ymi mark it before you parted with it ? 

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

a. You know it again. 

Jl* I inclosed it in a letter but I did not mark it. 

Q. You inck>8ed it in a letter to Mr. Croker i 

A. Yes a private letter to Mr. Croker. 
. Q. Is that the letter in which you inclosed it to Mr. 
Croker ($kemng a letter to the witness.) 

^. This is the letter. 

Q. That letter which { first shewed you is the letter you 
received from your maid servant i 

Jl* It hi ■ ' 

CL I suppose you rose directly ? 

ji. 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^juestioned the boy a good dea)» for I must say I did 
Bot believe the letter. 

. Q. I jnast ^ot ask you what passed between you and the 
boy^but whether you telegraphcfd the admiralty i 

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. 
Jtfr. Giorney^ We will now read the letter. 



1W 

Mr. Pafk, I olj^t^ witb grepA lEkfemiee to-Us Lofcbllip, 
to that letter hrii^ re^, the t videBW does Hot brhig hraie 
that to the sapposed officer, who i9 said to be Mr. Be Be- 
renger, it does not appe^ from aajr Evidence to b»Yd come 
out of his hand it reaches thi« b(^ ky the coBDDtmokaCioti of 
Mr. Wright^ who has not beea called. 

Mn. Gmm^ I will ask the witnefis at to the reMon of Mr. 
Wright's not being here— he is very iU« is uoi^hef 

A^ He is extremely ill. . . 

. Mr. P<|rif Mjr Lord> that does not alter the law 4lf feVi* 
dence^ I submit there is a chasni in tiiat chain that ptadndes 
their reading the letter as evidence against Mr, fie Beien- 
ger. I do not mean to say thaA might not be sapphed in the 
absence of Mr. Wright, but that letter lying belbre fma 
Xior<|ship's Officer is not identified to he the veiy ^^rnper 
which issued forth from this suppo^ peiiK>n^ It was sfe* 
Kveied to this youth at the dopr of the inn by Wyi^it, who 
is ill aod absent from iU^ess, be is not pvesent to teU your 
Lordship from whom he received that,. and there is a ohasn 
in the chain of evidence, nor does the Adiniralsay he vedeived 
the letter from this boy, he received it &om a maid sermni. 
, J^rd jpUmiborm^ (to J^mkal FitUtf.) Whoi tb« boy 
eame into your presence I suppose you asl^ad him abont this 
letter ? 
.^.Idid. 

CL Did he recognize that as the letter he had iMroug^ i 

A. He did. 

Mr. Purk. With deference to your Lordship I should sub- 
mit the letter was then open, the boy bad delivered the letter 
shut to the maid servant, and I should have submitted, it is 
quite impossible that this youth could distiuguiah the letter, 
nobody doubts it is. the lettier, but that must be proved bjr 
legal evidence. 

Lord EllenboroHgK It is prima facie evidence^ I do not 
speak now of the communication from De fierenger (sup* 



99 

' )Mibg ibe fe th6 p^titoti) oT the lelte^ bb 9tthof. 1 4^ feot 
* iay ray iMng «pofi theft objectimi of yMM.tmt UM tiie M^ 
ter n^hich neMhed Admital Fel^j #as tfhnfe kfit^ ttd^ b6y 
brought I think no bumim V^ekigt^iti doflM. 

Mr. PaHc. B^t stM fi^6h t(^e «rigt»d ]^«iiit^ ItolAnlt k ii 
tkot fio proved as tabe r^^ in t3rid(!tice. 
I>^ Elknbd^'okgk. ¥€«, yon tttey rte6rt W> thai if ydti 

Co the Admiral at Deal, and then an express horse was got^ 
and something Was caitied to the Admifa) at Deal. That is 
the evidence as it staodsv • 

Mr. Serjeant Best. So far the evidence goeumy Lonl, ifaey 
now want to make the contents of that letter evidesMi bat 
before they c^n do tliat they mvst either prove thut Iftter to 
t)e the hand-writing of Mr. De Berenger^ or traqe that lletter 
legukrly from the hand of Mr. De Berrenger : tfiey have no 
such cTidence, but all they say k, diat Wright, the IjMnd- 
lord of the inn, took the letter out of the ion and delivered 
it to the boy at the door, the boy never having <eea 
Mr. De Bereoger, nor they having the «nalle9t emiepce 
whatever to cenaect the boy with him. 

Lord EUenbarougk. If there had beebj the questioa woaU 
not haveari<ien. 

Mr. Serjeant Best. I submit there is notbiog to connect 
that letter with tbb person^ and if it is the hand*«mdi^ of 
Mr. De Berenger I should think they would have no diffi- 
culty in proving that, there were other gentlemen frsMog 
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^ 

Ijord EUtmborough. I only want to get first aH the facts 
relatiiig to this letter. I cannot find any thing bigrond that 
ihat be wantedrim express horse to send to the Admiral at Deal. 

Mr. Gumey. And that a sheet of pqrer waa breiight to 
him to write. 



90 

lard 'MUmbarmtglL That he was preparmg to write a letter 
and thai he wanted an ezi»efl6 horse to carry it, but as to 
the immediate identifieadon of that letter yoa lose the inter* 
vening proof by the absenoe of Mr« Wright. 
' Mr. Gtumey. My Lord, if there is any sort of difficulty 
about ity I will identify it bX, onee by proving the hand- 
writing, but the Gentleman to prore that felt a deiicM^y in 
consequence of his being the Attorney for the prosecntioiH 

Germain Lavie^ Esq. morn. 

Examined by Mr. Gumey^ 

Q. You are the Attorney for the prosecution i 

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? 

^.Idid. 

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 
hack and copied again, and for about an hour he was wnting 
different things and handing backwards and forwards. 

(}. Did you also see his papers in his writing desk ? 

^.Idid. 

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 hts 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 hb 
hand-writing, or at least the impression of its being his 
hand-writing is strengthened by what I saw of his writing. * 

O. Do you believe, from what vou saw him write, thai 
that is his hand-writing ' 



»1 

A. Yet I Afi most soleninljr, I did. not see tlie letter tifl 
•afterwards, and the moment I saw it, I coneiuded that to be 
ffais hand writing, and said ao at the time* 

Mr. Park. What join said at the time is no eyidence, and 
yon know that, 

Mr. Gum^. Did yonr observation of it enable yon to say 
yon believed it to be his hand writing \ 

jL I have said so. 

Mr. Park. Yon know as well as any man, that what yon 
aaid to any body is no evidence* 

« jjM'd Ellenbinvugh. It is a measure strongly indicative of 
his persuasion, it is an act accompanying his seeing it* 
. Mr. Gurmy. Does Mr. De Berenger always write as large 
as that, or does he write a hand as large as diat, and a 
amaller one also i 

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

<2. Did you find him sometimes writing kq;er than at 
«ther times? 

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

Cross examined by Mr. Park. 

42. You told my learned Friend jast 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. 

(2. 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 7 

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

Ct. I ask you again and will have a positive answer to the 
question, if you had never seen those other writings to which 
jrou have aHudedj would you upon tb^ mere oircumstance of 



92 

l|i?liif 96^ hktt write, liftfe taken ifpbn ycdk to l^ear that 
you Miei^ that to be hid hatid writing,? 

ji. I could have swom it not t|Qite so strongly^ I could 
•iMtVe iHiofti to ay ^Mrily betieting it, btst I eati iio\y iswear 
withoQt the least doubt that it is his. 

Q* TlMTt » teeMse i have examined yon perimpst 

A. No it is not. 

Q. You verily believe that to be his writing, do yotl ? '- 

Q. Look at that and tell me wheMier yon believe that tO be 
Iris tMttHi miiOK^, fC^ihMttg a Imtsttoihe wHnm) yoti M^ 
net apeiait^i bav>efliMrt itlbr«be {HirpMe, 
' isil Vet I #0^ ibat is iBore like what i saivlMi writfe tlMo 
thb : I WKeve tkaa t# be (his baoi imtkij;. 

Mr. Park. I will put a letter A upon it ^ will f6Xi be m> 
good as to Apsit wt lAiat aoooMrt, f iiAMM)f i^ 4ii Mc «rt^i«sf> 
<aod adl we inlieth^ yoa believe ibat to be bis ban4<wridlig{ 

J. I can only say this is the sort of hand he w«itot» ' 

Q. Wiittyiiu sw«ar tbstt tfail « isiibaad wvMttg. - > 

.A Ibit apfieara to ine to batfie same aert of faaild^ 
. iEr.Air*»ii;«WiBafkdM4).tbey aie^vieryniMh^ 

jtf . They are more like the sized hand he writes in ccMnmon 
than this^ this is a larger hand. 

JH>. Setjefxrtt Best. Do yon beHcve these to be Mr. De fie^ 
rMgef's hand ^rttng^f (shwing three papers to tAe witness} 

A. They are all like his hand writing. 

Ijoftd EUenbaraugh. I think this should be kept for your 
*Me-^l nerttr sat^^ any thing like this in my life. 

Mr. -Qntney. I take ibr granted these are meant to be pro- 
duced in the defence 7 

Jm4 EHenbefrtfugh. Yon mndt be conscious (hat you are 
doing an irregular thing in tendering them now. 

Jiff. Pork. I am net conscious my Lord, of doing ^ ifre- 
g«il«r«h?ng. 

!L^ Elhtib&rtfugh.'1 mean in tendering e^detfce aft % 
time when it is not opea to the Defendant to do so* 



Mr. Park. But I may. ivy the ci^pdkff die Witness by 
shewing him these. 

dUrd^ ElkHierfmgh.'inxre 19 no doiAt tibtt every Defend- 
ant has a right to give evidence in his tum^ but a» present 
we are upon the edse of tha p msctu t i dp> ' 

.All'* Jr^&irwc* Fiadw ycMi ii0t snewn tHttt<xie^tsr vd 'vvriiTDs 
ether pensKUM in order to praenre their testimony to the h«n# 
wrMtfg? 

^. No, I have not; 

* Q. ¥m hhie not attempted hi' ' ' 

A. I was always eonscioiis that IslioaM beaMe' lb pn>fe 
the Letter, bat this morning flndtirjj MnH^ght was not 
come, op, I asked them' if they had any bod^ at haod th»r 
coiM prove it> so as to avoid" beihg Mfbd'tDyBeif'; but 1 be^ 
lievo I^mast be called at last to the ex«imn«ticm of the pa- 
persysotbiatit is not so important my behig called sooner or 

4>. Haveyotr attemjrteiih Do get otfterev^tewee? 

jS* iTiAVono^ 

Q. Was Mr. Stevens applied to ? 

^.•BlrfV>Te the Grand* Jtny, M)r.0tevenB was not only ap^ 
pttad to, bot attended.— ^Mr. Lees also, of the Bank of Eng- 
land bad aaeertainetf before I had anything to do with the 
business— 

Mr. Par ft. That is not my question. 

Ijari Ellenborough. Put your question d i sriiretfy. 

Jdr. Park. I ask whetfaeic Mr. I^vie (^^d not, applied tara- 
rious persons to swear to De Berenger's hand writing,. i^4 
finding that they would not swear to it, then he doteroiioiMl 
to swear to it himself? 

ji. No, 1 have not. 

Mr. Gtumey. Tou ^ay you did apply to Mr. Lee^ ^ thf 
Bank, and Mr. Stevens ? 

A.Ye$. 

* 'Q. Mn Lees is the inspector at tlie 13aak i 

J.Htiu ' . '• ■ 



H 

The Letter was read as follows i 

DoveTi one o'clock^ A. M. Feb. 81st, 1814« 
Sir, 
1 have the honour to acquaint you^ that the L'Aigle firom 
Cdais, Pierre, Duquia Master, has this moment landed me 
near Dover, to proceed to the capital with Dispatches of the 
happiest nature. I have pledgped my honour that no harm 
shall come to the crew of UAigle; even with a JPIag of truce 
they immediately stood for Sea. Should they he taken, I 
have to entreat yon 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 imme* 
diately slaid him, and divided his body between them ; 
General Platoff saved Paris firom being reduced to ashes, the 
Allied Sovereigns are there, and the White Cockade is uai« 
venal, an immediate Peace is certain*— In the utmost haste 
I entreat your consideration, and I have the honour to be^ 
Sir, 

Your most obedient, humble Servant, 

R.DuBOUHG, 
Lu CoL & Aid de Camp to iiord Catbcart* 
To the Honourable T. Foley 
Port Admiral, Deal, 
<cc. Sec &c. See. 

Mr. Serjeamt Best. iTour Lordship will allow me to ezplaiiw 
1 did not ask these questions of Mr. Lavie, ^tb a view ta 
bffisr hand writing against hand writingi but to prove these 
Papers that I mean to offsr in evidence. 

lard EUet^^nmgh. 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 
ftnst instance, but when Laaw it multiplying, I thought it ne« 
MMaiy to interfere. 



05 

ITtomas Dennis Sworn. 

Examimd by Mr. Adolphus. 

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

^.Yes. 

€L Early in flie morning of the 2lst of Februaiy^^ do jo» 
remember taking a fare from thence ? 

A. Yes, I drove the chaise. 

Q. With hoV many hoises ? 

A. Four. 

Q- Where did you drive it to ? ' 

A' To Canterbui-y. 

Q, To what Inn? 

A» To the Fountain. 

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

A» I cannot say. 

Q* Was it one person, or more than one f 

A* Only one. 

Off A man or a woman I 

A. A man. 

Q. Was it dark? 

A* Yes. 

Q. Could yon see how he was dressed? 

A. No. 

Q, Had you the Wheel horse^ or the leaders i 

A. The leaders. 

Q. When you put the person down whom you bad driyte^ 
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 Napoleom? 

A. I sold mine. 



<L What did 70a get for it ? 
A. I got a one pouad aoto Dor aiaau 
CL Do 70a know the name of the lad at Canterbaiy thai 
took him after 70ir f 
^.Yes. 

CL What is his name ? 
A. Broad. 

Q, Who was thi^ pther i 
jf. Thomas Dal7. 

CfOM Examined by Ijtn Hicl^ar4^<m. 

Q. Did 7011 see Broad and D^ly ae|: o£F with the chai^ 
from CaBierbui7 i 

A. Yes. 

QL It wa9 a ¥617 dark nighty was not it ^ 

A. Yes. 

Q. An haz7 mist7 night? 

wrf.Yes. 

QL a dark fogg7 night F 

^•Yes. 

Q. How do 70U remember the day this happened^ from 
Dover yon are in the habit of carrying persons in chaises 
and four to Canterbury frequently I 

A. Yes. 

Q. Day and night F 

^.Yes. 

(2. The carrying a gentleman in a chaise and four U» 
Canterbarj^ was noth^^ extraordinary? 

A. No. 

QL. How came jon to remember (his partkular day ? 

jtf. Idonot know. 

Q. Upon your oath, might it not have been the 20th or the 
S2nd? 

A. 1 cannot say indeed* 



Q. H&ve y#u not heard other people saylt wi^ithe Slat 
that this extraordinary afiair happened f 
A. No, I have not. 

OL You have not heard it talked of at all 1 
A. No. 

Q. For aught you know it might be the 20th or the 2^d.t 
A^ I cannot say. 

jReexamined by Mr. Adolphus. 

CL Do you remember what day of the week it was) 

^.No. 

CL Do persons often give you a Napoleon for driving 

A. No, I never had one before. 

Q. You do not remember the day of the w^ek ? 

A. No, I do not. 

Edtcard Broad taornm 

Examined hy Mr. Adolphm. 

CL Are you a driver of a chais^at the Fountain at Canter* 
bury ? 

urf.Yea. 

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

A. Yes. 

0. Do you remember what day it was { 

A. No, I do not. 

Q. Do you remember what day of th^ week it was f 

A. No, I do not. 

Q. Was it one gentleman you particularly >eme9ibery or 
more? 

A> One gentleman. 

CL From whence did he come 1 

A' From the Ship at Dover. 



«8 

Q^ Did jroa drive the wheel hcnm 6t (iie ktdenf 

'^.. The leaders. 

0. He came with four horsei? 

Q. And went away with four 2 
V -4. Yes. 

Q. Were did you drive him to ? - . . - 

A. To the Rofie at Sittingboum* 

Q. Did you see him into a chaise there i 

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

Q. With four horses or two i 

>#. 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 1x>y 
received the Aioney. 

Q. What had you for your share ? 

Mr. Park. That cannot be received unless be aaw it 
given. 
. Mr^ Jddphus. .Did yot see the money given i 

A. I was very busy taking the horses off! 

Q. What had you for your share i 

jLA l<fapQleoiw 

Cfoss^xamined by Mr. Park* 
Q. Have you long lived at the Fovntaio at Canterbury^ 
-rf. Yes. 

Q. Have you long know^ Thomas Pennie i 
A. Yes, some years. 

Q. Have you never driven a ^e be brought fjsom Qover 
before i 
A. Not particularly to my knowledge. 
Q. Your knowledge has been called to this subject^ 'but 
^ you do not know that you ever drov» one. diat he brought 
before ? 



99 

A. I oughtjiave driven <me^ but be brought this I know* 
Q. Yoa might have driven a fare brought by him from 
Dover? 
A. I mighty there are a great many boys from that Inn. 
Q. And you have driven a single gentleman before i 
J. Yes. 

Q. And sometimes you have driven a chaise and four i 
J.Yts. 

Reexamined by Mr. Adolphm. 

Q. Did you ever receive a Napoleon before ? 

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

Ifird Elknbonmgh. Did all these circumstances ever 
concur in any other case. Uid you ever drive so early in the 
morning a single gentleman in a chaise and four^ and receive 
a Napoleon from him t 

A. No, I never did« 

Michael Fhms sworn. 

Examined by Mr. Addphus. 

Q. Are you a postchaise driver at the Rose at Sitting- 
boom? 

A. Yes. 

Q. Do you remember the last witness bringing a gratle^ 
man in a post-chaise to your house i 

A. Yes. 

a. In the month of February i 

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

Q. Was it early in the morning 1 

A. Yes. 

Q. In a chaise and four? 

A. Yes. 

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

A. It might be somewhere about four^ or betweeh four and 
five I believe. I did not take particular notice^ for I had qp 
watch with me^ it was dark. 

02 



foo' 

* Q. Were did you drive hi in to r 

A. I drove him to the Crown at Rochester. 

Q. That is Mr. Wright's house i 

A. Yes. 

Q. At what time in tlie morning might it ?>e when yotf got 
to Rochester ? 

A. f 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. 

Jjord Ellenborough, You had im> opportuuity of seeing 
}iis person ? 

A. I did just see him in the house when tie paid me^ but J 
4id not take any particular notice of him. 

Lord EUenborough. He had no luggage/ had he? 

A, I do not know. 
- Lord Elkjiborough, 1 thought he had changed chaise i 

Mr. Park. No, he did not change chaise^ only got opt 
^nd in again. 

A Juryman. Did you observe his dress ? 

^. 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 Kochester f 

A. Yes. 

Q. Do you remember a chaise from Sittingbourn arriying 
«t your house on the naoming of Uie Slst of February ? 
V^.Yes. 



101 

Q. A chaise and four? . . 

irf.Yes. 

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

Mr. Adolpkus, Have you any particular reason for re- 
tnembering that daj- i 

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 . 
ft 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 trimmetl down the front; he had on also a cap, a- 
Military cap with a broad gold Ince round it--<i 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 gneat coat. 

Q. W«^8 there any thing particular about his Military coat? 

A> On ihe Military coat was a star, and something sus- 
pended either from the neck or the button, I do not know 
which, something which lie told me was some honor of a 
Military order of Russia. 

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

J. 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 . 
t^n minutes in tlie parlour. 

63 



102 

Ixn'd EllenboroQgh. At what time in the momiog wai 

ji. The time the chaise drove into the^ yard T suppose w^s 
about half-past 5 o^ clock ; it was not earlier than that;» and t 
suppose very little later. j* 

Mr. Adolphas. What were you and Tic doing during^ 
these ten minutes ? 

A. I was getting some chicken for him^ and cutting that 
chicken up and some round of beef. 
CL In what room were you ? 

A- In our bar parlour ^ I took him there^ the house; qot 
being open, that being warmer than the rest of the rooms. 
Q. What passed in that conversation you had with him 1 
A- t was first of all called up by a post-boy of my brother « 
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 yoqr 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 j whe;n 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 
t)ie 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 thkt effect ; I believe those 
were the exact words. I said " is that really true Sif,r 



103 

Upon thai observation he said, '^ if y<lh dmibt my word 
you had better not ask me any more questions/' I thto 
made an apology for presuming to doubt his word, and 
requested he would be kind enough to say, as the Country 
y0SB very anxious^ and our town in particular/ what were 
the dispatches; hit then went on that diere had been ai 
yf^ry general battteJbetween the French and the whole of the 
Allied Powers, commanded by Schwartzenberg in person ; 
diat the French had been completely defeated and Bona« 
parte had fled for sisifety. That he had been overtaken at a 
Tillage, to the best of my recollection hesaidit was>Rushaw, 
six leagues from Paris, by the Cossacks, to the best of my 
recollection that was the n^me of the place and the distance. 
That the Cossacks had there come up with him, and thaX they 
had literally torn him into pieces. That he had come from 
the fitld of battle firdm 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,/ d)at the 
Allies were inrited by the Parisians to Paris, aqd the Boar* 
bons to the throne of France, that was pretty well all the? 
conversation that passed. He eat very litde, if he did any 
thiqg, 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 shpuld not wish to take any thing for what be 
had had. He did not accept of that, he threw down a Na- 
poleon on the tlible and desired me to take that' for what he 
had himself taken, and to give the servants somediing out of 
it ; he meant the whole of the servants, for when He got intO' 
the chaise the ostler asked him for something, and hel^aid he 
)iad left something with his master* 

Q. Did he go away in ^he chaise that brotght him^ or in 
another chaise - ^ 



10i 

^. In- the S9m^ ckaise. 

Q. With' four horses ? 
*ji. Yes, with four horses* 

Q. What were tl'te naoies of the lads thut drove hidn f 

A. James Qvery and Thomas Todd> J ^believe were the 
|)o;s. I am aot. quite positive as to tlMs odmos of the bqys. 

Q. Should yxxa know the per^o^ again jthat you s^v tj^ 
morning if you were to see him ? 

Jl. I think I shouldj he was very much disguised atr that 
time. 

Q. Look about^ and tisll me wi^efher ypi) see him iMiy 
where? 

Jl. I do not immediately see any face that I should knoif 
^ain, thai I at this moment recollect. 

Q, Look with caire round about? 

Jf. That is the gentleman, (painting to De Berenger.} 

Q. Do you believe that to be the person I 

4'* Yes» I do think that is t-he persour-^ieally when I 8e« 
|he face it \% the sapae^ 

jQ« Loolcipg again^ have you any doubt of it ? 

'4-* I think I can swear that is the gentleman* I l^ave Hi) 
doubt pf it-— that certainly is the gentleman. 

CT(m Examined by Mr. Richardson. 

Q. Pad you ever seen nbe gentleman before f 

^.No. 

€L Nor since i 

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

Q. Tl}e first thing he said was that he was very hyugry; . 
and jrou Ti-ent tp get him something to eat ? 

A. Yes ; and he got out of the chaise^ and ( got biqi 
something. We crossed the yaid together* 

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

y^. No ^ he was sittmg in the roQm part of the time. 



105 

Q. Yoa were biuy getting him somelhnig at the time f r 

A* He was standing while I was getting it^ aad. thca^he sat*, 
down ; I staid tp wait upon him. . 

Q. What was the whole length of the time you were witk 
bimJ 

ji^ I suppose ten minutes* 

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

A^ The greatest part pf the time he was talking i I do izot 
think he ate any thing ; he took a knife and fork in his haii4^ 
but I do not believe he ate any thing* 

A Juryman* Did you observe any thing particular in hii 
dress? 

A. He was dressed pretty much in the way I have de* 
scribed ; he had one part of his dress I haye not mentioQec^ 
which was a large white cockade hanging down very dir^^ 
as if it had been a long time worn* 

Lord ElleTUforough. Had you any conTersalioo with him 
libout his communicating this inteUigence in aay public 
quarter ; or did you give him any advice upon that?. . 

A. No I did not* When he went away I gave him. 9 pard 
of the road, and requested his favours when he sbpuld come 
that way again ; and he bowedj as if assenting* 

Q. You hav^ not seen him since f . 

ji. No I have not* 

A Juryman. Had he his c^p on ? 

A. Yes he had it on the whole of the time I .beliere* I 
Kave got the Napoleon in my pocket that the gentlemaa 
Ijave 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 
4he great coat, to the best of my xecoUectiaD|» looking at i| 
)iy candle lights 



KM 

ttce, Idolciiig at that person before y<on, yon have no doubt f 
Jl. I have no doubt of it; I can swear to that gentleman^ 
lluyiigh I have never seen him since. 

James Overy momi 

Examined by Mr. Adolphtu^ 

' Q. Bid you take up a person at your mastez^s home at 
Itochester? 

J. Yes. 
' 0* Do you recollect on what day it was ? 

ji. On a Monday. 

• Ct. Can you recollect the day of the month f 

• u^. No I cannot. 

• Q. Where did you drive him to I 
A. I drove him to Dariford. 

• (9. Ifluw Was he dressed f 

A. He appeared to have a ^eat coat on. 

Q. What honse at Dartford did you drive to f 
- A. The Gtanby. 
' Q. What kind of a coat had he on f 

A. A grey mixtore coat it appeared to be. 

Q. Did you see any otber part of his dress I 

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 I 
' A. He had a star very fall indeed. 
' €L Did yoH see any thing eke ? ' 

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 fun through 
the cap. 

Lord Ellenborough. How was that ribband, in the shape 
lofacock^^^ 

A. Noit wasnott • ' • 



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

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

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

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

Q, Was it then day-light ? 

A. yes it was day-light about two miles befpif>3 we came to 
Dartford. 

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

A. I do not know that I should. 

CL What did he give you at parting ? 

A, He gave us two Napoleons, and paid me for the Dart- 
ford horses and for our horses too ; he paid me one «£5. 
note and a shillinp^ for the Dartford horses, and the Ro« 
Chester horses too, and the turnpikes. 

Q. He gave you and the other lad a Napoleon arpiece i 

A. Yes he did. 

Q. Who took him up at Dartford 1 

A. Thomas Shilling and Charles Ward. 

Cross Examined by Mr. Park. 

Ct. Wliat was the color of his cap I 

^. I did not take notice of it. 

Q. There was a white ribband stuck through it ? 

^. Yes. 

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

^.Yes. 

Q. How dp you describe an ofccer*s cap, fetfc there not 
different sorts of ofiicers caps ? 

A. I have seen what they wear when they are not in theif 
regimentals, those they wear in a morniug, this was such 
a cap as they generally wear in a morning, not Wh&t thby 
wear with their regimentals inihe day«time. 



]0S 

Q. It slouched down I suppose ? 
A. Yes. 

Q. There is a bomethiog comes dowu to shade the eyes? 

A. Not oa th^t. 

CL How docs it slouch then ? . .. ' 

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

Q. What was a little way turned down ? 

^. The cap. 

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

A. In the frout. 

CL Did you observe what color it was T 

A. No I did not. 

€L Whether it was a dark brown 1 . 

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

William Tozer sworn. 

Examined by Mr. Adolphus, 

CL You are an innkeeper at Dartford 1 

^.Yes. 

CL What is your sign? 

Ai, 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. W-hat day was it f 

A. Abput the £lst of Febniary. 

CL What day in the week i 

A. Monday morning. 

a. 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 ? 

^.Idid. 



'109 

'^. Wiiftt passed between you ?' 

A. J was inrormed ■ * 

Q. Tell us what you told hiiH ? 

A. In the first place, I made my obedience K> the geotl^ 
man in the chaise, hoping that he hsA brou j^t us some good 
news. ^ ' 

<}. You said so f 

A. Yes* 

O. What did the gentleman say ? 

A, He said he had^ and that it was all over ; that the A](* 
lies bad actually entered Paris ; that Bonaparte was dCiad^ 
destroyed by the Cossacks, and literally torn io pieces^ nd 
that we might expect a speedy peace. 

CU Did he tell you any thing more ? 

jtf. No; during the conversation I saw him giveJiUDfn 
X)very two gold pieces, which afterwards prpved to be 
French pieces, I had them in my hand. 

Q. Do you know the name of them i 

A. I cannot say that I do ; there W2» ten francs or some* 
thing on them. 

Q. Did you see enough of the person with wfaooBf 70U 
conversed in the chaise to think that yousfaduld know him 
again ? 

A- 1 am positive I should. 

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

The Witness looked round. 

A. I cannot see iiim ; he is not roij^^d here ; I canaot lay 
that I am positive. 
Q. You do not see him i 
A- No I cannot say that I do.' 
Q. Look from here to the end of the row^ 
A. Ko I cannot say that I am positive. 
a Do you know the boys who drov^ the Barpn awqr i 
A. Yes, Shilling and ■ ■ . 



U4l 

Ut. Owmy* Befoie SluttiDg ^amei {oi, aod wiieii what 
I say is not beard by him, I muat say tbat the person Ip be 
identified should hold his head so as to be seeo^ 

ifr. Swk* Aad so hedidw I desired Mr. De ^er^higer 
to hold his. b^ gW^ly tipi and he did it immedifitely^ 

Idurd Bttenbanugh, The questions might go much nearer 9 
the Witnesses might be asked if that be the person : it is 
done always at the Old Bailey in cases of life and de^th, 
where the prisoner steads in a conspicuous sitaatiqqi^t 
M 4^88' wtfKmg in that case; but to be sare when it is 
l^l^oved in tiie way it has been, it <^n be of irery little 
ton|l9qil€^cck . 

Tkomas ShilKng wone* . . 

Exwfdned Igf Mr. ddalphM* 

0. Yon are a chaise<lriTGr at Dartford 1 

A. Yes. 

(2* Do yen lemember on a particular day taking. Mf a 
gentleman who came in a chaise and four to Daitiford I 

^Yes. 

a. What day was thatt 

A' I do not rightly know the day^ but I believe it was on 
the 2 Ist of February. 

Q. What day of the week} 

A. On a Monday. 

Q. Had you a pair of horses t 

-rf.Yes. 

Q. Upon your ride to London^ did the gentleman sajr 
any thing to you 7 

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 he«riog tiiat I 
tck)^ any notice of, was the waiter. 

CL The waiter ai your inn at Dartfprd I 

^.Yes. 



in 

** Q. What wM tbe AigA pf your hoMtf 

A. The Granby at Dartford. . c 

Q. What passed between him and the waiter J 

A. The- vaker asked Inm whether he had braught any 
gopd^news) the gendemaii said, ycs!, it vaa all eivise; 
Bonaparte, was dead;, be said he. was tonaim alhiMisaiid 
pieces; and the Cossacks foaght&r a share of him.aU the 
saiBeas if th^had beenfighdng ftr sharing col 99ld>jHBd 
the Allies were in Paris ; thra we were ordered to go qb. 
* Q. How %m had yoa gone befiase diia gendeiMii vfttHut to 
you? 

jr. ToBexleyHeatb^aboattwomikaaiidahalC < . . 

Q. Had he before that said any thing to you ahoat 
driving t 

A. Not that I heard. 

a. When he came to Beadcy Heath what didhesigr to 
you 1 r 

A. Hetdld-me not.to hurry my hones, for his hoskiess 
*was RM so -partioular now, siaoedie tdagraph could net 
work be thought* 

Q. Were you in sight of a tdegmph then f 

A. No. i 

Q. What sort of a morning was it t 

A. Rather a thick morning ; very frosty^ • 

JjOri Ellmboraagh. Did it appear to yovlo be so thick vi 
mormng ibat the telegraphs could not woik 1 . 

^. It did. 

Mr:Adolphu$. What ilid yon ssy to him 1 

A. Itold him I thought die telegraphs could not miA, 
for I knew almost every telegraph between Veal and Lon- 
don. He then said^ Post-boy, don't take any notice of the 
news as you go along ; I told him I wonld not unless he 
wished ; he said I might tell any of my fnends as I retam- 
cd, for ht dar'st to say they would be glad to hear it. He 
then- ^d that he had sent a letter to die Fort-Admiral at 



112 

])ea],for he was ordered to do so, or he was ob&ged td i^ 
m>, I fdll not be certain which. 

Lord EUenbarough. Yon are sire he said so 1 

^« I am sure be said to. He said that lie had to walk tw0 
.miieB after he came ashore before he got to the Ship at 
.Dover. He said the > Frenchmen were afraid of coming ao 
near to Dover, for fear of being stopped, the Frenchmen 
that brought him ; then we drove on till we came to Shooter a 
HiH. 

Mr. Ado^hus. Did be tell you why ^e had sent to the 
Port^Admiral at Deal V 

A, To Jiave the telegraphs worked, that be said was the 
season. 

Q. Did any thing further pass between you at the time 1 

A. Not any thing that 1 recollect* 

(2» Had you any subsequent conversation at any other 
part of the stage 1 

A. Not till I got to Shooter's Hill ; when I came there V 
•lighted from my hone, and so did my feUow-i^orvant ; the 
gentleman then looked out of the window, and gave us partr 
of a bottle of wine ; he said we might drink that, beeaiu^ he 
was afraid the bottle should break, and some cakes with it. 

Q. What sort of cakes 1 

A. litde round cakes ; I chucked the bottle away, and 
Jiimded 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 Y* I 
said, '^ Yes, Sir, we have." He then said, f^ Here is a de* 
lightful morning, post-boy ; 1 have not seen old England 
. a long while before." Then he asked me, ^^ which was the 
first hackney coach stand 1" I told him, at the Bricklayer^a 
Arms, was the first. 

Q. Did he say why he asked that question t 

A., Not a word ; he said that would not do, for tbaf wa% 
too public; "he wa9 afraid some body would cast some re» 



113 

Becfionsy and he should not likethat, I told him, I did not 
think' any body would do that, that they wonid be so ^lad 
to hear of the news. Then he asked me, if there was not a 
hackney coach stand in Lambeth Road? I toM him yes. 
Then he said, " Drive me there, post-boy, for ydur chaise 
will go faster than a hackney coach wili, and so you may 
drive me there." I di^ve 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 Dock 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 
coaeh there ; but that there Wfts 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 I 
' ^. I think he pulled up the side^blind as I came round 
the corner. 

Q. Was the side-blind op ? 

J. Yes, it was up when I came there; I saW it tip, but 
I did not see when he palled it up. 

Lord Elknbaraugh. Having been down before, it waa up 
whea you got theral 

A. Yes, whan I got there I pulled up alonguda of n hade* 
ney coach. 

Mr. Adolfhm. How many hackney coaohes were thcrar 
thierel 

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

Q. Did the gentleman go into the coach t 

A. Yes, he did. 

Q. Howl 

^. He stepped off my step on to thi^, for he stepped on tko 

K 



tl4 

body of the po4cli^ 4r on the step of tbe e(»cb ; I c^not j^ 
lie nearer Kle(>ped on tbe ground, the cpacb wd the cbfoie 
fViore too nigh tpgpther. 

Q. Did be m4ke you any present for yoar trouble i 

J: He then he)d bit band dpytrn^ and gatre me two Napo- 
leons; I have them here now ; he did not aay one was f«r 
my fettow-servant and the other for my^lf, bi|t I ^opposed 
it was so (the witness produced tbe Napoleons.) 

Q. Did you hear bimleU tbeecitchfiiaa wfa^iae to driver to? 

J. t did npt. 

Q. So you know tbe na«u» of the cMcbman or tbe watetr 
man? 

A. Yes, I dow 

Q. What is the name ctf the eoachman? 

J. Crane. 

Q^ D<^ yon know the waterman's mtme? 

A. I am not rightly sure; I think they call liim Rdh. I 
know his person very ^ell. 

Q. How was tbia gentkmea di^i^edj that you drava to 
town? 

A. He was dressed with a dark far cap-^' ronad cap, and 
with white buse/of some aort> round it; whether it was goU 
or silver, I cannot say; he had a red coat on nnderveatb hi| 
outer coat, 

Q. What sort of a coat was his outer coat i . - 

A. 1 think H was a dark coat^ .a kind, of brown coat-rhut 
I will not swear to that. , 

. Or You saw a led coal underneath it^ 

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

Q. Did you make any particular observation opon tbe red 
coat? 

A. Ho, I think it was turned up with yellow ; bat I should' 
not like lo swear that. 

Q» Had jitany thing wpoa it? 



115 

^ ft hai a star of seme sort va^&a it> but I ^as not close 
enough to see that» and caonot swear to what it was* 

Q. Was that ail that you observed of his dress I 

A. Noj not quite all. I think; I think upon the out^r coat 
there w«s ivr^ akmd of whise fiff^ tlie same as off a rabbit's 
skin. 

Q. But diat yon. do Aot lecoUeot with certainty f 

A. No^ I sbottkl not like to swear to that* 

Q. As you convened so much with that gentlemaa> do 
you think you should know him again f 

A. I should know him in a moment. 

Q. Have you seen him sinoe you have been in Court t 

A^ Yesy that is the gentleman (pwntiing to De BerengerO 

Q. Have you any doubt tliat is the parsoD? 

4^. NotatalL 

Q. Since the day yon drove . hinr, have yon seen bias b6* 
foaeto^^? 

A. I have. 

Q. How often? 

A. Only once. 

Q. Where was that? > 

A* In King-atf^et^ Westminster, in a room thete. 

Q. Did you equally well know him then i 

A. I did the moment I saw him. 

Q, Had yoa ev^r the least doubt about him ? 

A. Never the least in the world ; I knew hsm as soon as I 
bim. 



Cr^ss-'exaWuned iy Mr. Sichardson. 

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

A. Noj I never enquired about it; I looked round when 
I came in and found him out in a moment ^ I dare sa^ every 
gentleman in the Court saw me. 

h2 



lie 

(2. Had yoir never seen bim before this time yon ^eak 
of in February? 

A. I have seen him since, I never saw him before Febru- 
ary , to my knowledge. 

Q. Wheo was it that you heard of the rewud which was 
offered by the Stock Exchange ? 

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

Q. How long after this transaction happened f 

A. I think two or three day a afterwards. 

Q. Do you remember the Club at Dartford, called tl>e 
Hat Club? ^ 

A. Yes, perfectly well ; I was thare* 

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

A. Yes, I remembpr being asked, whether 1 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 Ex- 
change 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 npplaudedyou,Mtl 
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 occasioa say, you would swear for that 
side that paid you best ? 
'* A. No, I did not. 
Q. On that occasion, nor any other? 



117 

A. fJoj I never did, you may depend upon it. 

O, Nor any thing to thdt effect ? 

A. No, I did not. 

Qi Who were present at this time ? 

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

Q, Several neighb<wrs? 

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 aliore 
a dozen of them there ; but I am not there often myself. 

Q. How manly members pf the club are there f 

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

Q. When you are there, yod do noit kMw wlia ure pre* 
•ent? ' 

A> No, I do not exactly. 

Jjord Ellenborough. What is this Hat Chib? 

A. We pay a shillitig 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.^Riohardson, You have described this gentleman'^ per* 
son before to-day ? 

A. Yes, I have. 

Q. You have been examined upon several occasions be- 
fore 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 &ce i 

H 3 



Hft 

A. A red nosii^ I said, and his fisioe wi|» very rad'tWt 
morning, for it was very frosty. 1 s^id he was pitied with 
the small- pox. 

Lord Ellenborough. Red or no) sure you are^of tbs 
identity of the fece? 

j^. Yes, I am sure of it. 

Mr. Richardson. It was yoa that toJd. him of tike ftainl of 
poaches in the Lambeth Road i 

A. y es« 

a That is before you come to the Marsh Gate i 

A Yes. 

Q, That is not far from trhe Asylum^ is it ? 

J. No. 

Q. You went the Fe. for the purpose of getting a cdftch^ 
in* the first iostaftce i 

4^ Yea. 

Q. Aiid.t<beii y^m told him he nodgfat pediapa/gftt one at 
the Marsh Gate? 

J. Yes. 

JViliiam BarthoUnMW was called into Courtf 
U. (to Shilling) Is that the watern^an? 
A. That is the waterman. 

William Barthotlemew sworn. 

Examined By Mr. Adolphus. 
Q. Ate yon a waterman attending a stand of coaches T- 
J. 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 f|t>iil 
Partfbrd. 
©. He is a Dartford hqyf 
4' Yes, 



110 

Ob Do yoii reipemb^ atan^ time'in Feb^aaiyi his oainiiig 
with a chaise with a geatleman in it? 
,jI. Yefty the dlst of February. 

CL What day in the week was ixH 

A. On a Monday. 

Q. With hpw many hersea 1 

4* Four bors^a. 

^.At what time in iho morning? 
' A. Between nine and half past nine in the morning. 

a Was there a coach on the stand ? 

u^.Yes. 

* Q, Any more thail onel 
' A. No more than one. 

£L Who drove that coach } 

A. One Crane. 

a. Did yon see the gentleman get intoii? 

A. Yes^ I did. 

Q. How did he go in ? 

A. He stepped oiit of one into the other I 

Q. Did you open the door and Jet down the step for him I 

A.YtB. 

Q How was that gentleman dressed i 

A* He had got a kind of biown cap oh, and a dark drab 
military sort of coat 

CL Was there any thing round the cap I 

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

Q. What had he under his military greatcoat i 

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 i 

A, Up to Grosvenor Square. 

Q. To what street f 

A. I do not recollect whetlier he told me aay street^ only 
Grosvenor Square. 



ISO 

Q, Do you think you should know thtt gentlooian again? 

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

Q. Look rounds and see whether you oan see any one 

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

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

A. Yes, I do upon my WQ£d, hut I only saw him for about 
half a minute. 

Cross-examined by Mr. Park. 

Q. You, being a waterman, take that paiticglar notice ^f 
every body that gets into a hackney po^ichj that you are 
quite sure having seen him step froip the chaise into the 
coach, that he is the man i 

A. 1 said at iir^^, that the dre^s made such an altemtion 
thi^t 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 ^npif 
me again ? 

A. No, I should think not. 

'Richard Barwick sworn. 

Examined by Mr. Adolphus. 
Q. What are you ? 

A, 1 am clerk to Messrs. Paxtons and Company. 
Q. Where is their house of business f 
A. In Pall Mall. 
Q. They are Bankers ? 
A. Yes, they are. 

Q. Do you remember a particular circumstance in p^ 
sing near the Marsh Gate any morning? 
A. Yes, I do. 
Q. On what day? 
A. Monday Morning the 81st February. 



ISl 

Q. What did yoQ' observe fnpai^ng^ ' 

A. I observed a post chaise with four horses^ it had *> 
galloped at a very great rate, the 'horsed wer^ exceedingly 
hot, and the man w^s getting into a hackney coach that 
the people there tpld me Ifad come oi|t of that chaise. 

Q, Did yoi^ hear that person who gqt into (he cofich saj 
any thing ? 

A. No/Ihad no conversation with 9ny body, 

Q. Did you fpllow t|iat coach i 

A. 1 did, 

a How far? 

A. 1 saiir it as fhr as the Little llieatrey in the Haymarket. 

Q. Why did yon follow that hackney coach. 

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

•Xorrf Elhnhofctigh, How came you to know any thing 
about the news ? . ^ 

A. I ' was told, it wjem a Geserai Officer arrived withnews^ 
and I wanted to know what it was. : < . J 

Lord EUenborough. You were told it was an Officei ar- 
rived witfinews? 

A. Yes, I was. 1 

Mr. Adofykus. Then you went tq your own business, haV* 
ing followed this coach to the Haymarket? 

A. Yes. 

CL Did he pass by ^ny of the public offices ? 

A. Yes, he did. 

CL Did he stop at any of them ? ' 

^. No. .... 

CL He went straight to the Haymarket? 

A. Yes, he did. 

Q. Was that the reaaon why you desisted from foUowing'f 

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. 1 believe, I did. 



199 
CL liook at hiiQi Boi tee irbetber yan kooir hk ptraoii 

<Tltf tMrnett h9ked t&uni.} 

tord tSlenbetOUgh. Did you ice hi« body ? 

A. I saw his face in the coadi^ he had a cdp on sndh as 
the German Cstvalry wear^ after an cvenrng parad^^ nirith a 
gold band upon it. 

Mr. Adolphn^ I^^ve yon seen that person irt cotirt ? 

Lord EUenborougk. There H no objec^tion to hi» loOkinrg 
at the Defendant^ and seeing ivhether he is the person. 

fTke mUni$8 looked at the D^tndmt De Berengtr.) 

A. I really da ttot knov th»t I da see hifld exadtljr . 

Mr. Park. Thia b the gelitlemanl sasd to be the mm. 

Lord Mlbnhorough. If ymife nDtfeMU6cttii» gslbtletAad's 
person^ say so. 

Jffc Park, Uih& wmlt of yoaf bolnaep tbiit yondt) mt 
believe this to be the man? 

Jk He is something likeihioi. 

Q. One man is something like another, hc^ gees upon tw0 
1^^ and has two hands^ and so on. 

<^ It is Iske ttim certainly. 

WUUam Crane sworn. 

Examined hy Mr. Adofphui* • 
Q. Do you drive a hackney poacb? 
^. Yes. 

Q. What number^ 
A. b90* 

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

(2. What day of the month was- it? 
A. The 2l8t of February. 



126 

Q. Where did the Am colpe&Qai^ * 
^. From Dartfbrd. 
Q. Oat of what? r 

^. A post chaise and £(mr— a Dartford chaite. 
Q. Whtre were you directed tp drive tof 
,Jf To Grosvenor Square. 
Q. V\here to there? 

4' He did m>t saj where ia Gro$yepor &)pjrev 
CL Where did vou set him down ? 

J. I drove him into Grosvenor Square,* and thes* tho 
genilenien put down the front glass- and told, me to 4rwe 
io Mo. 13, Green Street* 
Q. Did tlie gentleman get out there f 
A.Yes, 

Q. Did you hear whom he asked for? 
j1. He asked for Colonel or Captain BOwAaij^ I. did not 
bear the name, and they said he was gone to breidc&st ift 
Cumberland Street. 
Q. What did the gentlemfls say that 
^. The gentleman asked ifhecoukkwritaraiOoi^toUmV 
Q^Dtdbegoin? 
ji. Yes, he went into the parlour* 
Q.. Were you discharged then f 

ji. Yes, the gentleman, gave me four shiUingshefbve h^- 
went in, and 1 said, I lioped. hi( would giTeaie another 
ShUipg-: bm took outaubitfof a^ poftmantemi that ha had^ 
and a sword, and went in, and came out into tbe psmgo 
and gave me another shillmg. 
Q. What sonr bf ^ partmanteaa wa:s ia ? 
Jk A ama)l:leather one, big eooughtowrap acmatopWA 
Q. What s^tof leather ? 

A. I think biack leatbeft as well as I cait.reeolleot 
m ibive you- seai^ that peismi sinee tlwt you drortihal 
morning? 
4' Yes, r sa^hioi'iti King Street^ Westoiinaftav; 



124 

Q. At the messenger's bouse? 

A. At Mr. Wood's house. 

Q. Do you see him in court? 

A. I think this is the geiitleman^ here, (pointing toDe Se- 
renger.) 

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. 

a. Did you know him then ? 

'A. Yesi it was- something of the same appearance, bat 
he had altered himself very much by-his dress. 

Cross-examined by Mr. Richardson. 

*Q. You ' viflAt to Wood's for the purpose 6f so&ing 
him? 

A, Yes, I did. i 

CL Wood is a messenger of the Alien Office? 
. ^.HielivttinKingStveet. 

CL He was pointed out there as being the person in cui^ 
tody? 

A. No, I walked down stain, and met the gentlemen 
cotoiiti^ up stain. ... 

Q4 You though yon saw a resemblance ? 

A* Yes, I thought he was something like the aami^ gon- 
tlemsn that I had carried. 

Q. You do not pretend to be able to recollect every per- 
son you carry in your hackney coach every day 1 - 

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

Q^fYon did not open your coach to him, the waterman 
did that 1 

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



125 

Lord EUenhorougk. When he: got out ytw opf aed the door 
to him I suppose? 

^. Yes, I did. 

Mr. Rukardsoru Did you open the door, or the foOtlQan 
'mt the house? 

A. I opened the door. 

Q. And he paid you and passed into the house 1 

jd(« Yes, he didr 

Q. What was the colour of his great coat ? '^ 

J. A brown grey great coat^ with a brown capi^ with lace 
to it. 

a You have before described the great coat as ; a brown 
great coat^ have flot you ? 

ji. A kind of a brown grey. 

Q. Did not you describe it before as a kind of a brown 
ooatl- 

J. No. 

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

Oeofge Odell mom. 

Examined hf Mr, Gumey. . 

Q. Are you a waterman 1 

J. Yes. 
. . CL Do you remember in the month of February last, fish* 
ing up any bundle in the river 1 

A. In the month of March. 
^ Mi Where did'you fish it up? 

A. Above the Old Swan Stairs, off against the Iro^ 
Wharfs. . . 

'. ., 0- . Wei-e you dredging for any thing f ' r 

A A was dredging for c'>als with a drag. 
' Q. What kind of a bundle did you find i 

A. 1 picked up a baodle, tied up with a piece of chim* 



126 

wy itnCf <» window litie in tiie cover of • cdico duut 
bottom. 

a What was in itf 

jt. I tbink thete were two sleeves of a oo«t» aod then n 
coat cut to pieces, and embroidery, and a star^ mad a aUw 
coat of arms, with two figures upon iC 

Q. How waa it soak f 

Jl. With three pieces of lead^ three screws, aod aome marka 
for letters. 

Q. Witkaomeaetall 

Jl. Yes, and some bits of coal. 

Q. Did 70a give that which you foaad to Mr. Wade^ the 
Secretary of the Stock Exchange 7 

A. Yes. 

Q. How soon after you fonnd it dad you give it to biml 

A. I picked it up on the Wednesday, and I carried ti 
there on the Saturday. 

Mr. Purk. Can yon givia us the day of the month n^ea yon 
picked this up! 

A. The 24th of March. 

Mr. Gumey. Did you find it on die £4th of March^ or 
give it to Mr. Wade on that day 1 

A. I picked it up on that day, about half after eleven 
o*cIock in the day ; I can bring {4enty of witnesses to my 
picking it up. 

Q. Are these the sort of things that yon picked ap? (tkew^ 
v^ a bundle of clothes with star, Sfc. 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 bilrda 
wa»oflF. 

Mr. Gumey. This, my Lord, is an order of masonry^ and 
this I understand a Rnssian order of knigfatfaood> Ae ordar of 
St Ann* 



1*7 

Mr. Francis Baity morn 
» '. . . 

Examined b^ Mr. Gumy^ '^ 

Q. You are of the Stock Exchange ? 

j#. Yea, lam. • 

a Were you present with Mr. Wade^ whra he reettfcfl 
the parcel from Odell ? * 

ji, I wasj— firom the last wttnte tn* the box; 

Q. Was it deUvered over to Mr. Lavie t 

A. I believe it was, it lay upon the table some time. 

Q. Did you examine it ? 

A. I did, very miliately. 

Q. Are the things contained in that parcel ? 

A. I believe them to be, they appear i6 be the same. 

Mr. Gumey (to Mr. Lavie). Did you receive that ftQm 
Mr. Wade f 

Mr. Lavie. I did, I took it from the Stock Exchange i^om. 

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 t 

A. I am. 

Q. Did you, in oe^ipany with Mr. Baily and other gen« 
tlemen, receive from Odell the buodlQ said to be found itf 
the River? 

^.Idid. 

Q. Was it gi v^n to Mr. Lavie I 

A. It was. 

CL The star we understand was then in tw-o pieoe^l 

A. Yes. 

Q. Was it afterwards sewn together? 

AA% wa^ «^r th« purpose of being ea^uhited* 



128 

Sim/eon Kauif^on Solomtn mom. 
Examined by Mr. Gumey, 
Q. I believe yoa.are a military aoGoutrement maker ? 

A. YeSy I am. 

Q. Have jou a shop at Charing-Cross^ and another at 
New-Street Covent Garden t 

A. We have. 

Q. On the Saturday the igth of February do you remem- 
ber any person making a purchase of any military dreaa at 
your house 1 

A. Yes, I do. 

Q. What dress was purchased of you t 

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 1 

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 
soldi 

A, As nearly as I could possibly recollect 

Q: What else did the person purchase i 

A. They purchased at our house in New Stree t— - 

Q. You suppose some order had been given in New- 
Street, fjlid any thing come from New-Street as having been 
ordered there? 

A. Yes there did. 

Q« You were at Charing Cross 1 
A* I was* 

tt. Did any person come to your shop at Charing-Cross 



129 

and take away that which had been sent from New-Street 
which yoQ furnished f 

A. Yes, he did. 

Q. Was there any other Coat purcfa&^ed besides that gi^eliC 
icoatl 

A. There was a military regimental coat^ a staff coat was 
brought from New-Street* 

Q. Was that scarlet i 

A. Yes> fitted for n staff officer the uniform of an Aid de 
Camp. • 

Q. With this sort of gold lace upon it f 

^. Yes. 

Q. Have yon examined these fragments? 

A. Yes, I have. 

Q. Were there any ornaments besides ? 

A. There was a star and a badge. 

Q. liook at that star and badge and tell me whether joa 
believe them to be the same ? 

A, Yesy I do believe them to be the same. 

Q. Why do you believe them to be the same t 

A. The star [ certainly believe to be the same, because w« 
had the very fellow star. 

(2. Except the«e 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 sam!e i 

A. The badge I did not notice much. 

Q. YoQ sold a badge f 

A. The bad g;e came from our house in New-Street. 

Q. Had you any conversation with the person? 

A. Yes i had. 
• Q. Yoa have examined these fragments.^ 

A* I have. 

Q. Do yon 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 6ao 
Judge in that state. 



130 

Q« And the^ same kiad of lace ? 

A. The same description of embroidery. 

Q. Speaking of a thing so cut to pieces, does it appear to 
jbu to consist of the remnants of the dress you furnished ? 

A. YeS| except that the scarlet is very much discoloared 
by bemg nnder water, it appears the same description of coat* 

Q. Had you any conversation with the penMm at to the 
use of these things ? 

A. I had very little conversation as to the sale of the «ni-t 
form 9 for they were already purchased before I saw. him^ 
with respect to the jg^eat 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 irho 
was to perform the character of a foreign officeri to be sent 
into the country that evening. 

Q. Did he take them away with him ? 

A. Yes be 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 notsUle iw-* 
did be take them away with him ? 

A. Yes he took them away in a coach. 

Qi Had he any portmanteau with him ? 

A* He had a small portmanteau. 

Q. Did lie beat you down in the prices ? 

A. No, he did not. 

Q. Did he say any thing about money ? 

A. Ne, he made no observations, he merely paid for tliem. 

Q. You were conversing with that person for some tiise ? 

A. For a short time. 

Q. Have you since seen him again-— have yoa seed any 
person that you believed to be the same ? 

A. I, was introduced to a penoiir— — 

Q. Where was that ? 
*. A^ A^he Parliament-street Coffee.House. 



Q. Do yoTi believe that person you saw at the Parlfaiiient- 
street Coffee House to be the person who so made tHe par- 
cbftse? 

Si That leaaaot Qodertake to say« 

Q, What do you heli^ve ? 

jI. la point oF appearance he resembles him^ except' that 
the person whom I served had whiskers. 

QJ I suppose the persod you saw in Parliameni street 
had sot 7 

J. He had not. 

Q. Book at him now and tell me whether you do or do hot 
believe him to be the personl (T/ie witness looked at this De- 
fendant De Berenger.) 

A. This is the person I was introduced to at the Coffee- 
honse. 

Q. Upon the oath you have taken, what is your belief 
respecting him ? 

A. I really cannot undertake to swear that he is the per- 
son ? 

Q. What do you believe i 

A. The Gentleman that represented himself to be' }Jlu 
Wilson was dressed in a different manner, he bad 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 ? 

Ijord 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. 
C2. 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* 

1 d 



132 

d What i» your belief? 

A, I believe it resembles the person, escefit that Ibe 
person I served had iivhiskers. 

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 joa 
are certaiui 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 L might 
say otherwise, it may be the person but I cannot undertakie 
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 ? 

^. Yes. 

Q. Is the house within the rules of the King^s Bench ? 

A. Yes it is. 

Q. Did Mr. De Berengcr 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? 

^. No. 

Q. Did you see him on the morning of that Sunday ? 

A. No, on Sunday the 20th you mean, I did not 



133 

Q. Did he sleep at home that night ? 

-rf. I cannot say. 

Q. Did yoQ see him that night at all ? 

ji. We never attended to the door. 

Q. Did you usually hear Mr. De Berenger in the morning? 

A.Yesl 

a Much or little did you hear him ? 

ji. We heard him very frequently. 

Q. Did you on the morning of Monday the 21st hear him 
as usual? 

^.No. 

Q. What did you use to hear of him on the mornings on 
which you did hear him ? 

Jl. We heard the bell ring for the servant 

CL Once or more than once ? 

ji. More than once ? 

a 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 ? 

J. 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 1 

A» Occasionally Mr. De Berenger would play on the 
Tiolin or the trumpet. 

Qf Did you hear him walk about ? 

'^.Yes. 

Q. Did Mr. De Berenger then wear whiskers or no whiskers? 

A. Whiskers. 

Ct' Was there any morning on which you were at home 
that you did not hear his bell and his walking about ? 

A. NO| } generally heard his bell. 

1 3 



134 

Q. Did yon see him come home on the Monday^ 
A. No. 

Qi. 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 afler? 
A. Yes. 

Q. Do you remember anj- Gentleman caliiog 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 
^.Yes. " 

Q. Where did you see him ? 
A. I saw him at the Temple I 
Q. Was it at the Crown Office ? 
A. I do not know what office it was. 
Q. Was Mr. Lavie present at the time yoasawh&m^ 
A. Yes he was. 

Q. Did you point him out to Mr. Lavie. 
A. I cannot say that I should positively know the gentle- 

mnn. 
Q. Do you believe him to be the same ? 
A. Yes, 1 think it was. 
Q. The same you had seen on the Saturday deliver that 

letter? 

A. Yes, 1 think so. 

a Had Mr. De Berenger two servants of the n^Vf^ pf 
Smith, William Smith and his wife? 

A. Yen. 

Q. When he dined at home did his servants attend hun f 

-4. Always. « j ' 

Q. On the Sunday before h? ^nalJj went 9ma^^ ^WfJ 
the 20th, did he dine at home I 
A. I cannot answer that 



135 

Q. Wliat was his qsqeI dinner boar ? 

A. About foar o'clock. 

Q. Where were his servants at foar o'clock on that day ? 
At home jor not? 

jl. I think they went out early on that day. 

Q. What do yon mean by early ? 

A. I mean two or half past two o'ckxJc. 

Q. Do you remember any thing abmit your key, retpebting 
either of themi whether either, of them had youjr key I 

A. There was a private place where the key ahrayft bung 
for the accommodation of Mr. De Berenger and ns. 

Q, Where was the key put that night? 

A. The key was always under the care of Mi> Smiths 

CL Yoa did not see where he put it that night, did you ? 

A. Noy I did not. 

Cross-examined by Mr. Park. 

Q, What Sunday was it that these servants went out lo 
dinner at two or half past two ? 

A, On Sunday the 20th. 

Q. You were preparing to go to chapel on that Snn^tty at 
eleven o'clock, and Mr. De Berenger went out at the time* 

A. Mr. Davidson was going out, I didi not go out^ 

(cL You were not well 1 

A. No. 

CL Mr. Davidson was going ouU 

A. Yes, but I did not see Mr. De Berenger. 

Q. Did you hear your husband make an observation at 
the time 1 

^.Yei,Idid. 

Q. You did not yourself attend to the doort 

^.No. 

Q. This Gentleman had been yonr lodger for some year% 
had he not ? 
A. Nine months t 



ISfi 

Q. You do not mean to tepwaent, that he «i^t from bi^ 
own bed on that Sunday, the 20th ? 
.ji,l <!anaot say that be did, or that he did not. 

CL You do not inake his bed or go into his room ^ 

-af. No. 

Q. Do you sleep in the parlour 1 

jl, Yesy we have the two parlourf . 

Q. What i% your general hour of rising in the mpmingt 

ji. Between seyen and eight. 

Q. Mr. De Berenger's time of trumpeting ts not so early 
as that I suppose ? 

jd, I have heard him at nine O'cloc)w. 

Q. He did not alarm the neighbourhood at seyen o*<:lockI 

jf. No, I have heard him by eight or nine. 

Q. Not so soon as that I should think in the month of 
Pebruary, not being very warm weather at that time? 

jl. I cannot speak to the time. 

Q. If a person went out at eight o'clock that morniag^ 
you had no particular reason to know of it 1 I 

J.No. 

Q. You had no call to look after him on the Sunday, or 
Monday, or Tuesday morning ? 

J.Ho. 

Q. And whether he slept at home qr did not, yon cannot 
take upon yourself to say 1 

'A.tio, 

Re-ecamined by Mr. Gurn^y 

Q. My learned Friend has asked you as to your husband 
observing upon Mr. De5erenger*s going out on the Sundaj 
morning : in what words did your husband make the re- 
mark as to Mr. De Berengec*s going out ? 

J. He called out, our lodger is gone out with a new great 
coat on. 



187 

J/r. Gmrmtiim Ldvie agtUn cuffed* 

Examined by Mr. Gurney. 

Q. Who was the Gisntleman that Mrs. D^Tidson pointed 
out to you 1 

Mr. Serjeant Besi. I object to tbat, that is a leading qnes. 
^ion. , 

Mr.Gumey. I beg* pardon.— Did the last witness point 
put any person to you at the Crown-QfBce, at the time of 
striking the Jury t 

A. Before she came into the Crown-Office she saw Mr. 
Cochrane Jo()qstone 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. pid she afterwards fix upon any person as having seen 
himT 

A. No she did not, unless I dAn speak to what passed be« 
fore. 

Q. IKd she men tipo^ having seen any person get out of • 
Hackqey Coach t 
" J. Yes. 

Ct. Who was that person that she observed upon? 

A. The person she pointed out to me as having seen get 
put of a Hackney coach was Mr. Cochrane Johnstone-^he 
staid the whole time of the striking of the Jury, he struck 
the Jury himself 

Lord Ettenborough. Then the whole of it is, that the per^ 
son who was striking the Jury, was Mr. Cochrane John- 
stone? 

^•Yes. 

Mr. Gumetf. (taJfrs. Davidson). Was that person the per- 
son that you believe hroaght the Letter? 

ji. I cannot be positive to his person. . . L .. 

Q. Do you believe that to be the person ? 

4- 1 think it was. 



1S8 

CrfiSB-^Xttmined by Mr. Serf&xnt Best. 

Q. How cfime you to^o foi the purpose ^f strilEUig tbe 
Jury. 

J. A person from Mn Lavie came and fetched me for 
the purpose. 

Q. To atteod to assist in striking the Jury t 

A* No^ to see Mr. Johnstone. 

Q. You were told Mr. Johnstone was to he there t 

J. Yes. 

Q. And goipg there you saw a person taking a part with 
respect to the striking of the Jury ? 

,jt- 1 saw a Gentleipan get out of the coach as I was stand- 
ing in the passage^ I saw a Gentleman come across, that I 
thought was the person, but I could not be positive. 

,0, Can you ta|(e upon yourself to swear now^ that wm the 
person i 

A» No^I would qot swear it. 

Ri'-esandned by Mr. Gumey. 

'QL When you saw the person at (he 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? 

^.Ihad. 

Mr. Gumey. I do not ask you what it was, my learned ' 
Friends may if they please. 

Launcelot Davidson sworn. ' 

Examhied by Mr. Gumey^ 
Q. Are you the huband of the ksi Witness 1 



Q. Mr. Dc Berenger we |Ui^ Mc^^ M pm' hn^m t 
A. He did. 

Q. Do you remeoibex oo what da; \ke %Mt|fd ywf ll#ilf#t 
J. The 27th of February 1 tbioL 
Q, What day pf tb^ wefk t 
^. Sanday. 

Q, Do you remmb^ff twiig httA gei onfc^ th^SimdHjr 
before the £Otb» 

a At what hour <^ the day t 

J* Before eleven. 

Q. Have you any rcMoii to know the timet 

ji. Yes, I had been out before^ and I returned hooftaaifr 
stood before the parlour window waiting to hear the AijlMi 
clock strike eleven^ to go to chapcL 

a How was he dressed t 

J. At that time that I saw him go ont^ I bad aeto bim an 
minutes before come in. 

Q. How was be dresaed when h(( came in befciiel 

J. He had a plaid cloak on that be bad wotn acarljr.afl 
the winter^be and Lcame in togetber^be waajait bafiara me* 

Q. When he went ont again* bow waaha drasaadl 

A. He bad just such a coat as thia on aa t» caioaxwrMf 
grty coat before produced.) 

Q. Did it appear to be new or old.^ 

J. I cannot exactly say, but aa be went down, tbe^aivl, 
I said to my wife who was in the back parlwr, tbjeve^gpaa 
our lodger, he baa a new gieat eoaioo> jast befone ba bad 
his plaid on when I came in. 

d Did beeo0ia home again ataU dwi^g- tki^ d^ t 

A Not that (saw. 

CL Did jon see or hear him at all during tba^dajt 

J. No, I did not. 

a TTiiT jnu air nrhnnrhinUhff nnfflmirWMayt 

J. No, I am not at home— I alwi^s go out thehiftr^fM:^ 
of the morning. 



140 

Q. A't trtiM tiM^dd J6ti go ant 1 

A. About nine. 

'Q« Before nine had yon either seen or heard him i 

A. No^ I had not. 

Q. Do you usually hear him in a morning before that 
time? 

A^ Yes» I generaUy used to- hear him walking about^ or 
ringing for his servant, or something or other. 

,0. 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 
f^aa not onstomary. 

• Q, Ac what time on the Sunday did they go out 1 

A. I think about two o'clock. ' 

Q. At what time did they return 1 - ' 

A, That 1 cannot say. « 

Q, Did they return that evening 1 

A, I dare say they did, but we never opened the door ? - 

'Q. Wei« they out or at hMie at four o'clock 1 

A. That I canpot say, I do not think they were at home. 

Q. What was Mr. De Berenger's usual dinner hoar 1 - 

A, About four o'clocfc* • 

Q. Did they attend him at dinner 1 

A. The man servant did. 

.Q. And the woman servant cooked his dinner? 

A. Yes, she did. 

a. Did he dine at. home on that Sunday 1 

A' No, he did not 

Q. I do not askypn what conversation took place between 
you and the Smiths* next day respecting the Sunday night, 
but did iny conve?$Btion tak^place on that subject 1 

A. Yes, there did. 

GL On the SffBday afterwards he Jefi your house} 



141 

Q. Did you see bim go away on the Sunday '&fterl 
• ^.No. ■ ■. - . ■ 

* 

CtosB^-eauiminid 6y Mr. Bickardtan. 
Q. You bad nothing to do with hia domestic life, witb his 
dinner, or letting him into the hoose, or letldngliim bat of 
iti 

(2. His servants attended to all thati 
J. Yes. t > 

0. Hemigbt come in or go out without yoacobneivtegit Y 
J. Yes, be mighty but it is almost impoHible Tshould 

think, because be generally gave a very loud rap at Uiq daor, 

and be had v^y few visitors. 
Q. You yourself go out early in the morning upon yo«r 

own business? > 

- A. Yea, about nine o'clock. 

Q. Do yott stay out a oo&aiderable part of the day t 

^Yes. 

Q. What is your business t 

A. A broker. 

Q. At that time you acted as a broker I 

- 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. . t 

^. Yes. 

Mr. Gumey. Now my Lord 1 am going to what I haw 
stated as the underplot, respecting M^Rae, Sandom^ Lyte, 
and HoUoway. 

Thomas Finn sworn. 

Examined by Mr. Balland* 

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. 



us 

Q. WUt dmy in FebfiMiry was U7 

ji. Oa the 14tb of Febraary the note was dated, and I re« 
ceived it the 15th. 

Q. On what day did yoa go to die Garolioa Coffee House f 
' jI: On iktt I5tli in the morning. 

Q. Did any body aoeost yoo there? 

^. I met M'Rae, who was at that time in company With 
an elderly Gentleman, he desired me to sit dow» aocl be 
would be with me presently. 

CL Had yon known M'Rae before t 

^1 imd aenie years. 

tU Dldhetetum to you as hesaid he #o«ldt 

Mt*. Hb was not out of nly sights he waa ssandiog meat the 
door, and in the coarse of seven or ten minute*, as far ai I 
CMi'rooottecC; be came and join^-me. 

Q. Upon his joining yoa what passed ? 

J. He told me he had known me a longtime, and tha9t he 
thougUt ha bad now^ a* opportnnity of making my fortune $ 
that he knew from the knowledge 1 bad of languages, parti- 
cularly that of the French, I should bate an oppoortuniiy of 
both benefiting others and myself. 

C2. What answef did yon make? 

A. I aaked him what the object was, and whether it wall to 
travel^ abroad ; be told me it was not to trayel abroad, but 
it was probably to travel at home, and that aln>ost imme* 
diately ; that it was a scheme that be had in conteasplation, 
ei»|doyed.by men of affluence and consequence, and^thae he 
thoogl^t'.nu man nrnre competent to that than niyseif.^^Oaf 
my asking him if there was any thing of moral tarpitade ia 
it, he said that there was none but that it was practised daily 
by men of the first coi^seqaente, it was nothing more nor less 
than biting the biters^ or in other words, a Hoax upon the 
StQcL'Excbangek I asked him in what way I could attend 
tu it, ox in what way it was to be performed ; he told me 
by goiDig down to.Dartford,.Folkdteae, or Dover, as I should 



148 

aececve iBstmctrons, and tku^ tbat l^^minl;,- bUtlJbatlt wm 
necedsary to have for himself and me, two dresses appr«- 
pt iated to that of French Officers. I here slio)>ped* bioip nnd 
asked whether he really meant me to bft employed in thia 
transaotibn^ to which he jreplt«d» certaitoly> aq^vJbhat I sbauld 
be in the first place remunerated^ and ultimately have a for- 
tune made me. I replied with iifdigaalfton, that I would as 
tpoti beeoncemed in a highway robbei^i that Ithongbt he 
had known me better than to have suggested to me a plan #f 
the kind, and expressed myself rather beyond the usual 
tone of my Yoice> hurt at it, he endjeavoured to hush me by 
saying people would overhear us, he endeavoured to hush 
me by the ejaculation uh fqr that we should be overbed 
them» 

Lwrd ElleHbowugh. Did he say you might pfohaUy be 
overheard there ? 

Af Yes, be did, and then he took me out of the CojBee^ 
house and went up Corahill where I left; him, bat lecoUeolf 
ing this was only what was related to me, and that if erer 
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 pleas^ and not the 
reasons I 

Mr. Bolland. Do not trouble my friend with yoer tea* 
sons as he does not like them, but tell us what yon 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 1 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 atated. 

Lord Ellenbonmgk. This is only introductory to whaT 
he is about -to atate. I presume no one can be more in- 
terested than I am in his narration behig short i 



144 

AA lold him I would take htm tea Cofee-house wheve 
n petsoa Was vtho might engage in diis hoax. 

Lord Bllenborough. I beg you will not call it by that 
name-^Qch an oflPeboe as this. 

JIfr. BoUand. Did you take him to the Coffee-honsel 

Q. What Cofiee-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. 

CL Any thing about French terms ? 

A. I recollect myself — In consequence of M'Rae retum- 
1ng>he asked me whether I would not give him in writing 
the terms Vive le Roi — Five tes Bourbons ;— which in the 
expectation of bis i^ttending 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? (skeah 
ing a letter to the witness.) 

A. That is it. 

CL Is that M'Rae*s writing? 

A. It is. 

(The Letter was read asfoliows :) 

February 14, 1814. 
Mr. Vinn, 

Please to meet me at the Carolina CoflTee* 
house, Birchin-lane, about eleven to-morrow, upon very par- 
ticular interesting business. 

Yours, very respectfully, 

ALEXANDER M^RAE. 



146 

Crosi-examined 6y Mr. Alley. 
Q. Asltuvenotthe pleasare of knowing yon, what h 
your business ? 
ctf. I atn an accountant. 

Q. Have you been acquahited for any length of time with 
Mr. M'Rae ? 

A. I believe five years and a half, or nearly six years. 

<2l Have you been concerned in any business in the 
Stock Exchange ? 

J. Ho. 

Q. You were not in the habit of buying and selling as a 
Broker? 

J. 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 
to Accountant ? 

J. I have been in business and have been unfortunate, 
*nd since have been an Accountent. 

Q. Not to lose your character I take for granted ? 

■d. I hope not. 

Q. There was no other person present to hear this con- 
versation? 

J. He was talking with a gentleman when T entered. 

Q. This rests upon your own "testimony ? 

J. We afterwards joined a party, but no person heard the 
conversation but ourselves, except that any person might 
near me when I became vociferous. 

Q. You quite met my approbation when you told me that 
you considered this as base as if he ha<l asked vou to go oo 
the highway-how came you to propose a friend of yours 
•fter that ? '' 

A. \t was merely for the purpose of hanng a witness to 
tte offer to me, because if not, and this took place what I 
iiad said would have have been of no effect liad it beea 
leodered completely abortive by this failing with me. 

K 



140 

, Q. Then am I to understand you thought it better to let 
this wickedness be practiced in order that it might afcer^ 
ivards 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 J 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 bad 
communicated to my friend the business in question before 
he came. 

Q. How soon did you communicate this to the Stock 
Exchange i 

A. I communicated it within ten n^inutes 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. 

liord Ellenborough. This is merely a meditated some* 
thing if you think it worth while to pursue it you may. 

Mr. Alley. He only says that it rests upon his tes- 
timony, that was all I wanted to know-^you gave him twe 
bits of French to assist him however ? 



147 

J. After I had agreed to take bim to another friend/ in 
order to get him to that business, I certain}/ did inentioii 
the name of Vive le Roi-^Five le Bourbonsi 

Q. Would not you have thought it quite as honest and at 
tnuch to your purpose to have omitted that i 

A. You will see that that was done for the purpose I have 
inentioned. 

Jlfr. Gumey. Was it done in order to get a conformatory 
ivitness ? 

A. It was done with that intent and that only* 

Sarah Alexander swornd 
JExamined by Mr. Botidnd. 

,ft. You live at No. 61, Fetter-lane, do you not ? 

jrf. Yes, Ido. 

Q« How long have you lived there ? 

A. I have lived there ever since last September* I 

* Qr Do you know Mr. M']Rae f j 

A. Yes. I 

CL 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 lait^ 
with regard to Mr« M^Rae i 

A* Yes, on a Saturday night. 

Q. What Saturday night ? 

A. The Idth of February. 

CL 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? 

ut-Yes. 



148 

^Q. Wtmtdtcl tie baring boine and give to hb^lfe? 
A. A'small parcel ; be gave it to \n% wife and told :ber it 
was of value and to take cane of it 
' <3. D>d he say any thing else to faer? 
A. Nothing else. 

Q. Did yoa see any thmg more of that parcel on that 
night? 
itf. Not that night. On Snttdi^theftOtb/he-veiit oat about 
ten o^clockj between ten and eleven. 

Q. Did he return agam and when f 

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 bats 
open or inclosed in any thing ? 

A. They were in a buadle. 

CL Did you see them ? 

A» Yes. 

Q. What vtti of coats •wese they ? 

A. They were very dark blue, daae.wieh bjraiding'—OfBocrs 
coats. 

Q. What coats were they ? 

M* Like Officers coats. 

Q. What was the braiding ? 

A. It was lo ornament the coats, 

42. What was it done in ? 

A, In flowers. 

Q. Of worsted or silk ? 

A, Of worsted. 

Q. What do you mean by opera hats 1 

A. Shutting together. 
' Q. Did yon remark how the coats were lined ? 

A. One was lined with white silk. 

Q. Were the coats alik^or did one appear- of qioie tank 
Ibaa the other? 



14^ 

A. One appeared of more rank than the other ; om tMn 
lieCler than the other, and so was one of the hats* 

0, Were the hats plain or ornamented in any way ? 

A. One was black and the odier ornamented on one4de« 

Q. What with ? 

A. With a brass plate or something of that kind at the 
end, and a gold tafisel 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 
Ofiicer, and I said yes, he did. 

Q. Wliat did he then do ? 

A. He went out agsin and came home again befom .one 
and brought some white ribband with him. 

Q. Did you see him do any thing, or hear hip 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, atui he said they were to deceive 
the flats. 

Q. Did yon 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 BilUngsgate ti» 
gp. down to Gravesend by a qustrter before two* 

<2- What did he do with the hats ? 

A. He put them into the bundle. 

(Q^ He then went.away, did hef 

A. Yes. 

fi. When did you see Mr. M'Rae again ? 

A. About the same time the next day, about half-past oncj 
os^a quacter before two^ Imet him inCursi tor-street. 

K 3 



160 

Q. Did he say any thing to you ? 

J. He gave me a shilling and asked me to goto the cooldi 
•hop for his dinner. 

Qs Did any thing else pass in Cursitor-street between yon^ 

ji. N0| not then, 1 went for bis dinner, 

Q. How was he dressed then } 

A. Just the same as he went outr^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 appar 
renily? 

A He brought home one coat and one hat. 

Q. Did you see the contents of that bundle when he got 
home ? 

A. Yen, the best coat and the best hat he brought homf 
^ith him. 

Q. Did be tell, you where he had been ? 

A. He said he had slept at Northfleety but be had th« 
appearance of not having been a bed ^t all. 

0. He appeared tired? 
' A. He appeared very tired. 

Q« Did he bring the cockades back i 

A. Yes, he brought the cockades back in his pockety the. 
fibband was taken off. 

Q. By whom ? 

A. By his wife ; and the paper they were quilled on waa 
thrown into the fire and the ribband made use of for strings, . 
they h^ not buckram, and they made up the cockades oa 
caper. 

f8. Was any thing done with the coat ? 

A. They took the white lining out of the coat, and car- 
ried it to the Dyers to be dyed black. 

Q. They said they should take it to the Dyers to be dyed 
|>lack? 

A. I know they took it out of ^e house to the DverSi 93^ 
i|if pQ^t he wore* 



151 

Q. Before ibis 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 toge« 
ther in that house ? 

J. Yea. 

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 toge« 
ther there. 

Q. Had you any means of judging Mr. M'Rae's circum* 
stances as to poverty or wealth ? 

A. He was poor, he never had any money except it was % 
•hilling or an eighteen penny piece. 

Q. After this expedition to Northfleet, how did he appear 
in circumstances ? 

A. Oh, better ; he had a j£IO. note and a £l. note, and 
the day before he left his lodgings he had three £2. notes* 

Q* Do you mean before he finally left his lodgings i 

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 gre^n^ 
with yellow buttons. 

Q. What Sunday.was that ? 

A. Not the 20th. 

Q. The Sunday after his return ? 

A. Yes. 

(2« Did he buy any other articles of dress i 

A. A new hat» 

Q. On what day did he buy that i . , 

A. The Monday. 



<^ \^a8 that the Monday after his returji ^ 
A. The Monday after he had bought his new coat. 
<2. Did he tell you whether it had been a sucoe^ful e;q2e* 
dition to him ? 
J. He said he was to have £. 50 for what he had dQne, 
Q. Had you at any time any conversation with him abpu> 
the nature of his journey ? 

A, No, never. He wished when he went away. th9(« 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 se^ne4 
very much agitated, and I desired he would not tell me ttiil 
I might not tell any body else, and I did not know.tb^n. 

Mr. Philip Foxall sworn. 

Examined by Mr* Bolland. 

a. You keep the Rose Inn at Dartford 1 

^ I do. 

CL Look at that letter, and tell me whether yon received 
it at any time, and when, from the person whose name it 
bears 1 

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 ord^ed ftQm 
my house 1 

Q. Did you execute that order 1' 

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. 



153 

Lord'Elktiboraugh. By a meM^ge in writtng conunjp to 
you? 
Ai Yes sometimes ; this came by a boy. 
a. YoQ do not know his haad^^writing ? 
Jt. No I do not. 

The Letter was read as follows ;. 
SIR, 

Please to send me over immediately a chaise and pair to 
bring back to Dartford, and have four good horses ready to 
go on to London with all expedition. 

Yours, 8cc. 
Monday Morning. R- SANDOM, 

Jddressedf Nortbfleet 

Mr. Foxall, Rose Inn, Dartford. 

Mr. Bolland* In consequence of that you sent a chaise 
toNorthHeetl 

A. I did. 

Q. Did you see the chaise on its return from NorthBeet% 

^. Yes; the chaise drove furiously into my yard with 
two gentlemen and Mr. Sandom, with white cockades ia 
their hats. 

Q. What sort of hats were they t 

A. They were very large cocked hats. 

Q. Were they flat hats ; what are called opeta baltt 

A. I did not see ; indeed thqr did not take them offi 

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 1 

A. In blue clothes I think ; but there were such ^number 
of persons hurrying into the yard, that I had not. an oppor- 
tunity of examining; the four horses were ready^; I gave 
them another chaise, as I feared the wheels of this, wexii 
not very well greased. 



154 

0. Had you any conyeraation with Saadonii or either of 
ihe gentlemen with him 1 

A. I said to Mr. Saadom, " Will those gentlemen break« 
fast;" he said, *^ No, they have breakfasted at myliouse^ 
they have been in an open boat all night, and are very 
moch fatigued/' I then asked him a question, '^ Who are 
they t" he said he did not know, but they had news of the 
utmost consequence, and begged I would let them hava 
good* horses. 

Q. Did any thing else pass between you and Mr. San- 
doml 

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 Fell 

Q. What time was it you received the notel 

A, I think the note must have been received about sevea 
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 m^n pointed 
to me as I was standing at the door. 

CL 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 sur- 
prised 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 Northflaet ; I understood he lived there. 

Q. How long had be lived there ? 

A. That I really camiot say ; I think he had been in the 
habits of occasionally having horses from me for niny 
months before that iioie. 



: 156 

Foxalt Baldry sifiom. 

' Examined by Mr. Bolland* 

Q. You are a post-boy at the Rose at Dartford t 

A. I ride occasionally. 

Q. Did you ride on the morning of the «lst I 

^. Idid. 

Q. Do you recollect a chaise coming from Northfleetlo 
your house 7 

A. Yes I do. 

Q. Who was in that chaise do you recoDectt 

A, I have seen one of the gentlemen since ; I did Qof 
Iqiow 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 I 

A. I do not. 

Q. Did you drive either of the pair of horses that took 
those gentlemen to townl 

A* 1 drove the leaders, 

Q. Did they give you any orders as to which way they 
were to go t 

4, Just as we were coming to Shooter's Hill, Mr. Sandom 
got out of the chaise with one of those other gentlemen, 
^^Iked some little distance, and when he came back I was 
altering my harness ; and he beckoned mc, and said. My 
l{^ls 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 shil- 
lings arpiece for driving ; but as to saying to what part I 
4id not know at the time; my fellow-servant at the wheel 
ordered mc to go over London Bridge, down Lombard 
j8treet, along Cheapside, over Blackfiiar's Bridge, down the 
Kew Cut, and when I wag ia fight of the Maitfi gate I wm 
prdered to stop. 



Ififlt 

Q. Did you take that coune t 

A. I did. 

Q. How was Mr. Swdom djre«t f ' 

A. Why I re^dly csoDot say, hut I tbiok-behad a.IurowiiQi 
great coat on. 

C How were the other. twxx persons dressed? 

A. They were in blue great coats I think. 

6. Do you^recollect what sort of:ha4^.they hadf 

A. They had round haU when they left me« 

Q. What sort of hats had they when they gpt into the 
chaise? 

Ji. They had. military bats on. 

Q. Was there any ornament in tbe.hats ? 

A. A paper or ribhand» I cannot tell which. 

Q. Hapl the horses any ornaments upon them? 

A. Yes, laurek 

Q. Do you know by whose orders they were pat on ?- 

4*.No, Ido not; 

Q. You were near the Marsh gate you say ? 

A. Yes, I could see the Marsh-gate when I pulled up. 

(2^ Did the pai;tieflk $et out therie? 

Am \ es* 
. Q, How were they, dressed then? 

Ap Tbey had taken off their military hata and put round 
ones on, and they walked away^ 

(2. At what hour in the mQming was.it when you gpt to 
tbe, Marsh gate 1 

A^ I should think about eleven o'clock;.! cannot say foe 
half an hour. 

Op Did Mr. Sandom g'^ve you.any thing? 

^ Not at that tim^. 

Q« Didih^ pay, for the chaise? 

if. He.^idiiQi» not there, 

Q^ l^m. hQ 9tMPC? given, ypu.any tfain|[ ? 

A. He asked us what house we stopped at ^^ I told«him th<^ 



iSSV 

^ofimt^Kient Street end, and het»ine to ds iber^ and ^ve 
my fellow-servant a one pound note, aodthe'remaiifder 4b 
•ilver, for him and me tog^etber. 

Q. Did be pay for the chaise i 

-A. He did not pay for the chaise, 

9. Did either lof ibetother two fetilrn 'With him i 

A. They did nou 

Mr. Francis Baihf ttdUd ngoSfn^ 
Exttminedby Mr. {BoIltmS. 

Q. fn consequence df enqnrries that held 'beetiTOlrife, 'dtt 
Mt. HoHoway attend the Committee ef ^he Stodk fitB^- 
tfaange? 

iJ.Hedid. 

Q. Did Mir. Ljrte ffttttid also ? 
* jH. Afterwards he did with Mr. ttoDoway ; first 'Mr. HoS- 
lotray came, and denied having any knoWledge df the ttwash 
action. 

Q. Did yon see him again at -any other lime? 
> M, Yea, very near the time of 'the 'bill being fonad ; i ctn- 
4iot tell, whether before or nfter that, he came with Mr. 
Ly te and confessed that he was the person who had plaaKie4 
that plot, €Nr partioi{>ated in it. 

Q. Stale what >he said as tieaily «s yon oin recollect? 

A. He said that he had done it with a view to obcaift 
noney by a ride in the pnUic funds ; atid Mr. Lyte %Uted, 
that he was one of the parties who bad been employed I|f 
Mr. M'Rae, at Mr. HoUoway^s ai^estion ; at HoUoway'a 
or M'Rae's. 

. Q, Did neither of them si^ who were thf actors in the 
pbt? 

A* Mr. Lyte said that he and Sandom and M'lUe vodf in 
the post chaise from Northfleei to Dartford, and Afterwards 
firom Dartford to London, 

JLord MUmboraugh. In wh^se preseoce did l^ftt state 
thisi^ 



A^ Mr. Wakefield was present, Mn iMrii Wat pwtoif^ 
and a Mr« Chanmeite, 

42. Was Holloway present then \ 

A. Yes he was ; they both came together. 

Q. What Lyte stated was in the presence of HoDoWa^f 

A. Exactly so. Holloway stated that he did it with m 
tiew of obtaining jnoney, by the rise in the fondSi; 

Q. Did he state any thing more \ 

A. He stated that he was not aware of the serious tam iS 
frould take ; that he did not contemplate it in that poini of 
view at first; but finding that it had taken so serious a tiiro^ 
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 CoGh<« 
fane^ 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 £aG» 
change? 

A. No I do not; nothing more than the publicity of the 
ttieasures which they were takmg to follow up the parties, I 
Mieye. 

CL Did yon 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 #f 
money and state his knowledge of the transaction i 

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 recoU 
leet whether or not at the time of this interriew betweem 
Holloway, Lyte, and the gentlemen of the Stock Exchattge« 
any thing was said about M'Rae's having offered to be % 
witness for a large sum of money i 



159 

A. There was certainly soneihiog sdid, but ivhethet it lias 
Inentioned first by the gentlemea of the Stock Exchangiei 
or by Mr; Hollo way^ I cannot recollect. 

Q, Did not Mr. HoUoway state, that in order to prevent 
the gentlemen of the Stock Exchange paying a large ma 
of money for the communication that would be paid in hct 
for nothing, he would come forward and state the part of 
the transaction in which he was concerned f 

A. I believe he did, 

Q. It was understood by the gentlemen of the Stock Ez<t 
change^ was it not, that that communication of M'Rae*» 
was supposed to extend to my Lord Cochrane*s part in the 
transaction) 

Mr. Gumetf. What was understood cannot be asked. 

Mr, Serjeant Pell. I ask as to what was said at the dme^ 
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. 
, CL I think you stated that Mr. HoUoway or Mr. Lyte 
distinctly asserted, that this business of theirs had nothing to 
do with that in which Lord Cochrane was concerned I 

A. He did. 

CL 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 at 

i:io,ooo? 

A. That sum had be^n stated in a letter which passed! 

CL Was it not stated in the conversation f 

A. I believe it was ; but the subject of the communication 
pf M'Rae was so littlo attended to by the Committee, that 
it never entered their heads that any such sum should be 
paid, 

. CL Was there' any letter, or any writing of Mr. Hoi* 
Joway's produced at the time ? 
. A. I really cannot fix my memory. 

CL Have yon any recollection of any letter of his havn^ 
been produce d at tHe time I 



^. Oertttidly none tbftt I can reeoltect 
. Q. Do yott Tiot bnow that Mr. Hollftway had written a 
letter to the Committee of thfc Stock Exchange upon tbb 
iMAinesft i 

4d. I really'do not know it ; it may possibly have been. 

CroM^xamined by Mr. Park 

Q, This person HoIIoway was asked whether be had any 
connection with Lord Cochrane, Mr. Cochrane Johnstone^ 
wd Mr. Butt| and he denied it? 

^. He did. 
. OL Did he not, in the same conversation, deny that he bad 
any connection, not only with those persons, but De Beren* 
ger ako ? 

jl. Certainly. 

CU 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 
fiolloway, M'Rae was not there 1 

A. He was not 

Q. It was all in his absence ? 

A. It was in his absence, it was in Mr. Lavie's oMce. 

tA>rd Ellenborough. The evidence of course can operate 
only against HoUoway and Ly te, who were there. 

Mr. Joseph Featn sworn. 

Examined by Mr. Gwrney. 
iQ. You are a stock broker I 
A. I am. 

a. How long have yon known Mr. Battt 
A. Several years. 

Q. Were you introduced by bim te JiCr. Godiiaae Jofaa- 
fione and to Lord Cochraoeb 
^Ye^ 



161 

Q. In theinoQtli.of February last, were you employed 
cither by Mr. Batt or Lord Cochrane, or Mr. Cochrane 
Johnstone, to make any purchases for them in the funds i 

A. Yes, I was. 
. Q. At that time where was your office of business ? 
A. No, 10, CornhilL 

Cj. Was it No. 10 or No. 86, about the 12th of Februftry ? 
A. I belicTe it was No.. 86. 
Q. Had Mr. Butt an office? 

A. He had somewhere about that time an office in Sweet- 
ings Alley* 

Q. From the l£th 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. 

0* Did you generally see him alone, or in company with 
cither of the other persons ? 
A. Frequently all tliree together. 

Q. You mean Mr. Cochrane Johnstone, Lord Cochrane^ 
and Mr. Butt? 
A. Yes. 

Q. When you did business for Lord CochranCj did you in 
all instances take orders from him or from any person for 
him? 

. A. Sometimes from him, and sometimes from Mn Butt« 
Q. After you had acted for him upon the orders of Mr« 
Butt, did he recognize tliose orders? 
A. Always. 

Q. From the l£th till the 19th, did you make various puN 
chases and sales for them ? 
A. I did. 

Q. On the evening of the 19th, what balance had he in 
his hand ; Lord Cochrane^i transactions I believe were only 
in omnium? 
-4. No. 

h 



yo2 

Ct: The dmoitnt wils i* 139,000, wai it nt)t f 
^.Yes. 

Q.That 18 to say, tlia< W had thai balance ofomtiititfr f 
J.Ye9. 

Q, What balance of omnium had Mf* Codrratre Johh- 
stone on that claj ? 

Q. One hundred and twenty, (ft one halidretl atrd tfaifty 
thoasand? ... 

J. I have not drawn out thd talance her^. 

Q. What was Mr. Cochrane Johnstone*s consot accMfit 
oVrtliatday? 

J. i: 100,000. 

Q. How much had Mr. Batt of omnium lit Ait iiiim rime? 

J. I think about i?l60,000. 

jQ. Is not the omnium ^130,00a 

' J. I 'sTiouId think ihotd th^n that ; I beliete it iffts 
^154,000. 

Q. How much his consols ? 
*u*.:£l6«,000. 

Q. On the morning of the dlst of Februaryvdid yott sell 
them all i 
;^.ldid. 

C2. Omnium and consols and Uli 

A, Yes: 

Q. Ott the morning of Mondajr the 21st, did you remc^te 
to any other o%ce than that yoii bad before occupied? 

A, Yes, 1 did. 

<Q, Where was that office? 

^/Ko» 5, in Shorter*s Coili^t, 

Q. Is that close to the side door of tlie Stock Eitcbatigef 

A. Yes, it is, 

Ci. flow many rooms wdre there f 

Jt^.Hiree, 

Q^Hadyoaonc? 



Ids 

A^ I had one and a small cbtet ; Mr, BiHt bad aaotlite op 
■tairs with Mr. Johnstone and my Lord Cochrane,. and the 
gcoand floor was oepnpied by Mr- Lance. 

Q. Was he a clerk of yours, or employed by them ? 
^A^ He was employed by th«m* 

Q. Had you taken that office, or had k been lak^n for yo« i 

A^ Mr. Johnstone had taken his with one rosooi ot two 
rooms, I am not suie which, 

Q. Had the office been taken for yoa, or had yon yonr- 
self gone and taken it ? 

A^ They had taken those two rooms, I b^^ere, wLlfaoQt 
intending to take any more; but as I was not pleaaantly 
situated, and was rather too fi»r frosft busin^a, I wished to 
hBX^ an office the^e^ if they conld pcocmieit ; several of my 
friends went to look at it, and finding it con?enieat, I se* 
quested them to take the whole of it, if they could, in order 
that I might be accommodated* 

Lord Ellenbormtgh. Whom do you mean by firiendsi Viu 
Cochrane Johnstone ? 

A. No, other persons for whom I did hnsujuess, 

JUr, Gumeif^ When was this done I 

A. In the course of the week preceding, 

Xori £/2riiioroiegA. When you say Mr. Cochrane John** 
stone took a room for you, do you miean at tbis^Iace? 

Q. They had taken those two rooms, I believe, for tiiem* 
selves, without reference to my having any thing to do there, 

Jlfr. Qf/ni^. Did they afterwards take a third ? 

A* They afterwards took the whole that is in my posses* 
men. 

Q« You have all of them in your poiseseion now \ 

A* I ha,ve* 

Q. On the morning of Monday the filft of Febmary, 
how soon did you see either of , those gentlemen ? 

A. They were ip the habit of being at the office as early 
as I myself attended* 

t 9 



1«4' 

Q, Afycin*' office in Corfthill? : ' ' ' ' 

Q. How early did you see them at your office that 
morning ^ 

J, I believe at about ten, or a little past. 
' Q^ Whom did you then see. 

I J. 1 think) Mr, Butt and Mr. Johnstone^ 

Q, Are you positive upon that subject? ' 

' j^« I atn sure they ^vere both there in the course of the 
morning, 

Q. Are you positive whether any body else was wWi 
them ? 

ji. Ho, I think nobody else. 

Q, Business begins in the Stock Exchange I belidveat 
ten o'clock. 

•^.Yes. . 

Q. At what price liad consuls for time left off on Satur« 
aiiy> . 

ji. I can hardly say* 

Q. Did they open on &Tonday morning pretty much as 
they had left off on Saturday evening ? 

-rf, I think they did, 
•^■Q, ftowsoon after you had been in the Stock Exchange, 
did any good news come ? 
' ^. I think it was near eleven; 
" Q. What news had arrived? 

J. I cannot take upon me to «ay ; I otily knew in general, 
with perliaps every body in the house in business, that there 
was some news, but we rarely enquiie into particulara of 
news, it is enough that facts ore produced. 

Q. You were doing a good deal of business at thatmo- 

Hient, and must have heard something of it ; did you hear 

any thing about a messenger arriving at Dover f » 

• J. I have heard so much since that, I cannot take upon 

myself to swear what I heard, whether that a messenger bad * 



;arrWed at Dover, or that Bonaparte was killed, but one of 
the two certainly. 
. ' Q* Did you hear that Bonaparte was killed 1 

jt^ Yes. 

A Juryman. Were those gentlemen with you at thie time 
the lie ws arrived 1 

jI. They were— not my Lord Cochrane. 

Mr. Gnrnetf. Had the good newd an immediate effect 
upon the Tundsl 
" -4. Yes, it had. 

Q. After the funds had begun to rise, did you sell? c 

A. I began to sell before the rise took place. 
, Q, Wh?it was the first price you sold at? 

A. Omnium at twenty-nine and a quarter. 

Q. That was the first price you sold atl 

^.Ycs. 

Q. Do you mean to say that omnium opeaed that moti- 
ing at twenty-nine and a quarter 1 . ' , 

A^ I rather think it did. 

Q. However, the first price you sold at ^as twenty-nine 
and a quarter? 

A. Yes. 

Q, What was your next price ? 

A. 29i, 29j, and 30i. 

Q. At what did you sell the consols? 

A. Beginning at youths, 7 li, Tilths, 1% and 7^. 

Q. In what manner did you receive insitructions for the^ 
various sales ; they were sold in different parcels? 

A. Ye^, I came frequently to my office from the Stock 
Exchange to Mr. Butt tod 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 thai morning? . 

% S 



166 

J. 1 tm not quite certi^iii ; bat I ma in tke constaQt habit 
of receiving notes from them. 

Q. Do you remember bearing in the coarse of the monv* ^ 
i^g, of a post chaise coming through the city? 

urf. Idid. 

Q. Did that occasion a still further rise in the fands f 

A. I do not know, 
' Q, Before business left off, th$ funds fell again t 

J. They did. 

Lord Ellenborough. Abqat whfit o'clock did the fondai 

lain 

jI, I believe about two* 

Mr. Gurney^ It was discovered at that time that the goo4 
. |iews was not true ? 

J. It certainly was not believed, 

Q. Have you an accoant of the different purcb&se^ froq^ 
the l£th to the fiist, takeii fi*o|n 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. Haveypu eanried tboee accounts down to the 
5th of March? 

A. I have. 

Q. Has Mr. Baily^abo had acceis to your booksj^ to take the 
different balances ? 

A. He has. 

Mr. Gumetf. The reading of tkk would not be very istel- 
ligible, a sight of it perhaps would be the best thing. 

Lord ElleHboTQugh. We must liave the earn total ot the 
results. 

Mr. Gurnet/. I will give your Lordship the result after the 
examination 4>( several stock brokers; Jdr* Daily has 
abstracted the whole, ' 



M^'.^Wft^^S^. I «^ .Qtcry back tbe oceo,uzit9 ponsi- 
derablj earlier; tlu^t .sboM^d be uudejcstood. - If J put yi 
accoQuU of an earlier date, it must not be i:QuUd^ed t(iat I 
Aja^vyiiig evldeaoe in so doing. 

Mr. Gurney. I take it the atgne^ as if my learned ivietyi cross 
examined Mr. Fearn upon that subject. 

Cross-e^^fiuHed ty Mr. Sfrjeant Best. 

Q. You have spoken of these gentlemen engaging uj stock 
transactions, j'ou have been carried bacjk no fiuther than Fe- 
bruary the 8th, they had all three of ihem bought to ^n .enor- 
mous amount long before thai tiuie-^had they not? 

^, CJejtainly. 

Q. And as to sales, .had they not sold very large sums, long 
antecedent lo the month of February ? 

J. Oh yes. 

Q. Can you state as to my Lord Cochrane, for instance,^ 
had he not sold hundreds of thousands before that tim^ I 

^,Yes.. 

Q. I would wkk ypu, did he not from tiipQ to time^ down 
4a t))ikt time, continue to be sdUog large sums ? 

XYes. ' 

Q.' With respect to Mr. Cochrane Johnstone — on the 10th 
or 1 1th of February, had lve;not a M<iiKe of <£lOO,()00. 

Mr. Gurney. To save my learned friend time^ my account 
shews einery 4dy's purchases, aod every day^s sal^s from iluit 
. tine, 

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..Coclirane Johastooe's account with you. 

ji, I cauQOt tell frop this book. 

Mr. Gurney^ I beheve the accounts will agree to a fartliing, 
fwm the time they each begin, 

Mr. Serjeant Best^ Then the larger sales will appear upon 
this jmper without troubling bis Lordship to take them 



168 

down upon his notes; there were very large talei for ail of 
' theqi sevetal days precedent to the Slit. 

A. Yes, there were. 

Q. I believe they began these speculations as early as the 
' month of No veinber, did they not ? 

u9« Yes, 

Q. Mr. Butt managed principally-— very much for these 
gentlemen — ^for Lord Cochrane particularly i 
. A. Yes, he did. 

Q. Lord Cochrane, you have told us, was not there on tl^e 
ippmingof the 21st? 

A. Np, he was not. 

Q. For a great many days, I believe I may say months, had 
yuu not been directed to sell their stock whenever it should 
* so rise^ that y ou could get one pe^ cent ? 

^. Yes. 

Q. You have tolfl 119 that on the morniog of the 21st| yon 
' began to sell befpre the news came \ 

A,Ye^ 

A Juryman. He said before the rise took place* 

Mr. Serjeant Best. You found when you c^me there in the 
norniog, that the stocks had got to such a pitch as thatyoq 
could sell consistently with the orciers they had given you | 

A. It was so. 
' Xor£2£//e^&orpi^A. Atwhathourwasthat? 

A. Ten o*clock. 

Mr. Serjeant Best. Did you not sell out very large sums 
before either of them oame near the place that morning i * 

A. I think I had began to sell before they came, but I 
cannot say positively. 

Q. Had you not scld to a considerable amount, if you cai^ 
taqc your memory with it, or refresh your memory by looking 
at any book? 

A. I think I had^ 



- ■ Q.' G&n yen t^ll tis t0 wluit amo^t jcm had sold before any 
' of them came?«^I do not ask to. a fewshiUiogg^ we deal m 
< thousands here. 

t A A cal^not .pqsitiipely 8ay«*-I had done: nrach before I saw 
either of them, for I was in thefaabit of doiog-twentyoc thirty 
: and reporting to them. 

Q, Do you mean thousands? . » 

A^ Yes, 
; Q, You think you had sold considerably before yoa saw tbem? 

XI think I had. 

Lord ElUnhorough* Cannot you fix the time^of your sale I 

Mr^ Gumey. I shall prove the prices every half hour. ^ 

M^^'Setyeatd Best. I am not at all coovctsant io tiK>se 
tilings^ never having speculated in stock atall, but I am told 
it is the practice sometimes to tell stock whidi the persons 
liave not to transfer ? 

u^% I have heard of such things, 
. Q. Consequently, if I h^d been a^ the Stock Exdiaoge that 
morning, and had found the Omnium up at 34, which I be- 
• Jieve it was Aatmprtoing-— *- ■ ■ r 

Mr. BoUafid. Nq, thirty twp- 

Mr. Serjeant Best. If I had been at the Stock Bzcfamse 
that morning, 9nd had fonnd the Omninm np at aa, and had 
known that the gqod news mu^t soon turn out to be all inven- 
tion^ J might haye #old i£ I had lil^^, a miUioa of stdck, 
according, to the practioe of the jStock £f chwge, though 
I did not happen to have a sixpence. 

A. It pertainly might have- been done. 

/Q* Is it not the practice fojr fL man who wishes to gam- 
ble in the funds, to sell stock whiqh he li^ npt^ when be 
thinks they will fall? 

A. I know it is done. 

Q. A man who tbmks the stocks may fall, may sell stock 
|ie has not, to any person who thinks th^y may me i 

A. It cerlamly is done. 



%9» 

H, JM m/iim mgr SiOffd Cocfacincw Mr. Cochrm^ John* 

iMoMoor Mr. BttU, make a^ aucb (iak» f» tliftt ^ tayoiir 

knowledge, you baving staled you were tbQir BMkei^ilo 

jma kmnr of tlmr having aoU on ibat.dajr.aojsteok wUch 

^y had. not purchased beibre ? 

Lord Ellenborough. Are you not putting this gentleman in 
a situation of peril ? 

Jdr. Serjeant Best. If he admits it. 

Lord MUtnbofoitgh. Why should ya« place bimia^uoh a 
situation to deny or affirm i this does not afiect the charge. 
. Mr^SiwjMM Be&t. I ask whetlier il was done by those 
persons } 

Lord JStfm*Mio«^A, But that would bo done through a 



JKr, Vuii^ If your Lordship will aHow me to suggest 4in 
behalf of the witness, that in an action for the peaakies, the 
question would be whether he knew theywere possessed of 
: lAeatook, or not^ and this would go* to make pat his know- 
ledge, 

Mr. Serjeant Best^ Do you Imow whether either of those 
persons on that day sold any- stock or omnium^ wliich they 
jmA 4iatpttcohasad before ? 

Xjopd SBetibomigk. That question must be limited to ahy 
ithrng 'in whioh you have not •had participation in the way 
of sale, otherwise you may criminate yourself—shaving gi- 
• ten 3FOU tbat'Catttion, you may <lo as you please. 
J. They did not. 

Lord Ellenborough, 'Hiat is not imputed to them', 
jkfr. Serjeant Best^ The use I mean to mi^e of it I have no 
objeotioo to state new, 

J.ord EUenborough. No, you need not^ I leave It entirely 'to 
your judgment^ 

Jlr. Serjeant Bettn I think you told ns before, those gen- 
tlemen told you, .whenever the stock rose to one per cent^ 
above what they had bought at, to sell 
J^ Yes, they did. 



<L With respect to the taking of ^flris office, tAe» Aidyo« 
Irstaeeit? 
J, fn the conrse of the week interior to the 21st of Ift* 

bniary. • 

CL Mr, Butt had before an ofBce in Sweetiflg*s Afley^ 
^. Yes, ■ • ... 

Q, He found that an inconvenient one and he took Aiese 

rooms in Shorter's Court, he and Mr. Johnstone ? 

'■ ^,Yes; •• • •■- 

Q. Those were taken for Mr. Butt, t^ere they not? 
J[. I believe so, 
Q. I believe you went to the rooms as to the rooms ofMr. 

Butt? ••-:•. ; 

Q, I'believe'you thought upon Seeing Mr, Btttt's room^ 
that the situation was a very convenient one for yom^ltt 

J. Yes. 

Q. And therefore you suggested, did you not, thatydtt 
should like a room in the same house ? ' ' - 

A. IthinkldidI ' 

Q. In consequence of this suggestion did tiot Mr.-Butt 
give up to vou the room he had taken for hinisclf, and take 
another in the same house for himself .^ • 

J. Yes, he did. * 

Q. And the room being taken in this manner, yoti|^t up 
your name ''Fearn, Stock Broker.'*" * ' * 

X 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 1 had at my former 
office, whicli I removed and put in the window. 

Q. Your name in gold letters? 

J, In black letters. 

Q. You took your furniture ? 



^.<^. The rqpms were farnished, 

a I believe after thus findiRg your Cutftomers liked the 
jutu^tion, jou desired Mr. Johnstone to fmrchase th^ lease of 
the house foryou. 

^. Yes, I did. 

CL Was that before or after the 21st 7 
. J. I think after. 

Lord Ellenborough. Then that does not apply. 

Mr. Serjeant Best. You had taken it before the 2lst and 
got into poasesflion on the £lsu 

«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 befor9> 

A. I believe it might be. 

Q. You have told us you did net see Lord Cochrane on 
^ that morning, how many dnys previously to that had yon 
atenhim? 

J. I think 1 saw him on the Saturday* 
; Q. You are not quite certain of that I 

ytf, Noy I am not. 

CL Does it appear whether he bought any thing on that 
day. 
, Mr. Gumey. It appears from the account that he bought 
' S0,000 and sold 17,000. 

Mr. Serjeant Best. You have told us that all those three 
per$onS| Mr. Cochrane John9tone, Lord Cochrane, find Mr« 
Butt, were very large speculators ; did they always speculate 
the same way, or pn the cpntrAryi when one bought did n^t 
the other Yery often sell i 

A. It has been the case* 

CL Has not that happened often^ severid times ? 

A* Yes it has/ several time^ • 



i7i 

J^tUMitrined b^ Mr. Gurnty. 
* Q. On that day they all sold i 

J. Yes they did. 

CL They all acted together on that day. 

ji. Yes they did, 
- Q. Where did Lord Cochrane reside on the 21 st of Fe* 
bniary ? 

utf..Idonotkkiow« 

Q. How soon after did you know his residence in Green-'^ 
Street? 

ji. Not at all until the printed paper of the Stock Exchange 
came out. 

a Did yon know Uiat Lord Cochrane resided at tbe'tidle 
in Green*Street ? 

jt. Only by report. - 

Q. Not from Lord Cochrane ? 

J. No. 
, A Juryman. You say they did not sell toy stock hut what 
they had before purchased^ do yon mean sucli at diey had[ 
bought and paid for, or only such as they had contracted 
fpt the porchase of^ was it actually bought "and* transferred 
to them? f 

Mr. Taddy. That is the very thing I have taken the libcMy 
of suggesting to your Lordiship. . 

Jjord Ellenboraiigh. He has before said they had not soldr 
any of which they had not become the proprietors befote, 
so that he is predicating of them -that they had- purchased 
this, for they could not otherwise become proprietors.'' 
^ ji Juryman. Is it not a purchase for tiine altogether, are 
they not all time bargains both the omnium and the stock f 
^ A. This is one of those questions I cannot answer. 

Lard Ellenborough. Gentlemen, he objects to answering tfi^ 
questions as it may criminate him, but the offence charged 
may have an effect upon the funds, in which not only tbes^ 
individuals are concerned, but every person who bas^ttaniac- 



m 

tioos in Stock, the pei«PwbekipgMij( to !%# Conrt of Chan* 
eery, who have to purchase or sell, may be iiiflfi€Med«¥T 
an improper elevation or depression of tbt faods^ tbaC dae» 
not affect the qnestkn as to ibe crittc changed upon ibis 
record, you will consider Mr. Gnmey whether yon wili pertbt 
in the <|M8lioQt, because ibis mAM deaiUr» to iht .an- 
swering the questions, being a party in the tran6actito»« 

Mr. Gwnejf. You do decline answering that<|MBlkm2 

.rf.Yetldo. 

Mr. Robert Hickens sworn. 
Examined liy Mr. Gnmey. 

Q I bell we yoa ave a Stock-Broker ? 
A. Yes I am. 

a Have you for some years past known Mr. Cochratie 
Johnstone ? 
^,Yes. 

- ai bdiere yon have not ^ne business for him till the 
freientyeac i 

J. No. 

Q. FrasB the dth of February to the 19th dtdyoii make 
various purchases for bim« 
^.Yesldid. 

Q. At the leaving off of die business on Saturday what 
«ai the balance. 
A. £2M^fiOO. 
Q. That was aU omiHom. 
A. Ye^i it was« 

a. Hava yoa taken from yoor boots a statement of the 
bnakieBsyoudidt 

A. I have aMttorandams that will enable me to answer 
any ^pueatioflt. 

fi. Has Mr, Baily from your books taken an account of 
jpioiikASfaaiidflaes? 

- iA i feiniibed Ifr. Baily with a oopy of it. 



t75 

Mr. Cumey. Then thiovgh Mr.BdljIwlllr^gMra M the; 
particulars of iu 

Lord EUenboraugh, Whether purchased with money or no 
they take upon themselves the disposition of that fund, 
ihewiog that they had an mteri^t hr l!he^ rrsel a^d fiitt of ifie 
funds, and that they sold on the Monday attd gfrta^tf fMit« 

i/r. Gumey^ Yes my Lord. On Mtmdttf vmnaiAg Ibe 
filst how w9oA did you see Mn Coebrane J6h1lstMe^ 

J. I think between ten a^d eleren I c&nntH say ejuk^y« 

CL Wh'eire dM yon see hint ? 

J. I think I met him as I was coming out of thcf iStdek 
Exchange. 

Q. How near teii of ^teVeit ? 

^. I think it must have befei) about a quarter before eleven 
but I cannot say positively. 

' a Did you recdve any difectfonsf frcfiA Irim as to what 
you were to do with respect to the omnium ? 

J^ I received aii ordisr ft6vb liim on the Saturday, to «ell 
JtiOflOO at one per cent, profit, and that I bad soU befom f 
saw him* 

Q. At what had you sold it ? 

J. At 09. 

CL Did he give you any further instructions what to do 
with, the remainder ? 

ji. He then ordered me to sell a certain quantity at aa 
eighth per cent more. 

Q. In short did you sell the whole of it that day by bis 
directions ? 
,-f Idid. . , ... 

CL At what prices i 
. A. At29i ^9h ^9i, SOi and Spi. 

L»rd EUeiUforaugk* A^ those different prices did yOu 
dispose of the whole which Mr* Cochrane Johoftone held oa 
that 21st. 

-^.Yea* 



I7tf 

' Q. At en« or otber of those prices. 

CnM-examined by Mr. Topping. 

• 

' Q. Can you tdl me what was Mr. Cochrane Johnstone'ii 
l^aJanoe on the IMh. i 

.i.Ithink^465/)0a , 

CL On the l6di how much waa that reduced ? 

4* On the 16th I sold «£200,000. 

C2. Reducing the balance of course to £2S6fiOO* i 

-4. Yes. 

CL Upon the 1 7th what did you sell ? 

A. Oo the 17th I bought £50,000. and sold i^ll5,00a 
redacing the balance to <£fiOO,000«; on that Saturday I 
bought £M,000 

« Q. And you had had his directions upon that Saturday to 
sell at one per Cent, i 

^ To sell £aOflOO. at oue per Cent, profit. 
: Q. And yen had done that before you saw Mr. Cochran^ 
Johnstone at all ? 

A. Yes, I had. 

Mr. WUUam Smallbane, sworn. 
Examined by Mr^ Gurney. 

Q. You are a Stock*broker, I believe ? 

A. Yes. 

Q. Did you shortly before the 2l8t of February make any* 
purchases for Mr. Cochrane Johnstone ? 

J. Yes. ' 

CL Yon bad made two purchases oidy^ I believe, the 'l£tb 
and the 14th ? 
. A. Yes, only two purchases of ^20,000. each* 

CL Whea did you sell them out F 

A. On the 21st of February. 

CL At what did you sell them out« . . i 

4^ 281, 29i> «» and 291- 



a By whose order did yotgt sell tfaem out ? 

ji. I sold Mr« Johnatone'^ by his ojder ; I sold Mr. Butt's 
by his order. 

CL Was that order from Mr. Cochrane Johnstone received 
on the Monday, or before the Monday ? 

ji. In part it was received on the Monday) but a part on 
the Saturday. 

Q. You had also, I believe, inade purchases in Omtiiuin 
for Mr* Butt? 

J. I had. 

Q. To the amount of £40flOt} I believe ? 

^.Yes. 

Q. Was that i^40,000 left iks a balance on Saturday the 
19th? 

J. Yes. ' ■ * 

Q. And all told otlt oti the Monday ? 

A. Yes, all sold on the ^Ist. ** 

Q. Have yon given Mi:. JBaily ft Statement from your 
books of that ? 

J. Yes. 

Q. And of the priced at whicii it Was sold ? 

^.Yes. 

Lord EllenbwrougK Now what is the result of all these ac- 
counts? 

Mr. Gumey. 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, £4Ofi0S, 
and on that 21st you sold it all ? 

-4. Yes. 

Q Yon had bought for Mr.Bntt £40fl(ib, and on the 
Monday you sold it all ? 

J. I sold it all on Monday. 

Jjord EUenbcrough. If he sells a.11 the sum is immaterial, if 
yon prove that he sold all of the several amounts, it fhrnishea 
a conttmctiTe motive for what has passed. 

M 



m 

Cfoi^xaniinia \jf MV, ocVr?^ft« 

Q. wificn was it you ha3 pVrcKased the ^46,000 tor Iftn 
Cochrane Johnstons f 

ui. On the 12th and the 14th, 

C2..pid Mr, Johnstoixe send youWe orcfCT Yb purcnase it) 

jf,Ves. 

Q, Was it upon his own account ? 

A^ No, it was upon his o\»n account, tne order Vat 
from him. 

CL 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, 

CL You stated to my learned Friend, that he ^ave you an 
order to sell a part of it on Saturday I 

j^ Yes, he ^aye me an order on Saturday, 

CL 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 i 
. ^, No, it did not, 

CL Otherwise you would have sold it oh the Saturday \ 

^.Certainly. 

Q. On the Monday 'you say he gave you'an oirder as'to tht 
iDther dOmfiOO ? . 

^Yes. i ,/ . . 

Q. Had you sold the first £Q.Ofl6o before you saw una on 
tbe Monday ? , . , / ^ 

^. Yes, I had, ' . 

CL At what time in tbe morning had you. sold It i , 

jtf. I think; a.bout half pa^t ten. 

C^vWhen did you first see Mr. Johnstone ? 

A^ I sawliim »oon after I had sold out, betweqn ten l^od 



day J 

^, Not exactly to £20,000 ; if I saw an. QjtpQTtmAij gf 
nUmg any «e« qniMrtier pmSlblr v«b fio n^. 

Q. WhoL yoa tair him cm itlie MdP^^y, did fa<e thea order 
yeu to sell the remaindfit i < « . 

^.Yes. 

Q. Did you sell it immediately. 

Jl. As soon as an opportunity offered to sell it at aprofiU 

O. Wa^that eaily in theday ? 

J. Yes, about eleven I believe. 

Q. When was it that you first heard any turnout of goad 
news in the morning? 

J. Soon after tbeoiadiet^e^d, iMBtweea ten and ele^n* 

Q. You say you had purchased <£40^000 for Mr. Butt ? 

J, Yes. 

Q. When was that I 

J. The 12th, 14th, and 18th 6f February. 

Q. Different sums on those days ? 

^. Yes. 

Q. Had you any order from Mr, Butt as to the salesi 

A. To sell whenever I saw an opportunity of sdlfing «t a' 
quarter profit, or three eighths as the circumstances might 
allow. 

Q. How long have you known Mr. Butti 

A. About six months. 

Q. Had you had any transactions with him before in that 
way? 

^.Yes. 

Q. He had occasionally employed yout 

jt. Yes, he had. 

Q. Who introduced ybu to Mr. Johnstone t 

A. Mr. Johnstone was in Mr. Butt's office whefn I first saw 
liim there in Sweeting's Alley, 



u 9 



1«0 

Q, It was through Mr. Butt joa became aeqaainted widi 
Mr. Johnstone! 

Jt^ Yes, it was. ' / 

Q. If any person had knows that this news wl» falser and 
had been disposed to be a bear, he might have made bk for- 
tune by selling that day^ might not het 

A. Certainly. 

Q. By selling for accounti 

Jl, Certainly. 

Q. You had no directions from either of those Oeadt* 
men to sell more than they had bought that day I 
^. No I had not. 

Cross-examined by Mr. Rkhardson, 

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 Ellenborotight If the Witness looks at me I .must 
tell him he need not answer any question that implicates bkn 
in a crime. 

Mr. Richardson, You decline answering that question t 

J. Yes, I do. 

Q. You will decline answering any other questions that 
you think implicate yourself. — Were any of. those pur- 
chases real purchases for stock transferred, or on accounti 

Jy It was for Omnium — that cannot be transferred. 

Q. You spoke of Consols I 

j1. No this was Omnium. 

Q. Was it all bought 6r paid for, or on account? 

A. I decline answering that question. 

Q. Wi Eh respect to the Consols had any of them been paid 
for or transferred 1 

J. 1 had no Consol account 



ilfr. Richardson, I wi}! state to your Lordsbip the . obj^t I 
have in that; I tubmit it is incumbent upon the prosecutors 
to prove in support of the allegations of their indictoient^ 
ifhich charge a qou^piracy for the purpose of enabling Mr. 
CochnncJobnstone and the other gcotlemen^ to sell divers 
large sums of Government Securities, and so on, that they 
had an interest in those Government Securities. 

Lord ElUnborough. ^ That applies only to the two. first 
counts, . 

JIfr. Gumty. If I leave, my case imperfect, my learned 
/riends will take advantage of it. 

Lord EiUnborongh. It does not apply to the tibird count, 
certainly there is a particularity which is <]uite unnecessary 
in the others; it states that by certain devices and con- 
trivances 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, inde- 
pendently of the sales. 

Mr. 'Richardson. The first count slates this to be to ena- 
ble these gentlemien to sell Omnium, and Three per Cent. 
Consols, at larger prices than they would otherwise have 
sold for; Isubmit to your Lordship, that insupport of that 
it is fior the prosecutors to shew that they had such to sell? 

jAurd ElUnboroMgh^ 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 
m(;n« countji, I do not say that rhey are ail saf- counts, but 
you will see what they propose taking their verdict upon. 

Mr. Malcohn Ricliardson sworn. 
Examined by Mr. Gwmfy. 

Q. I believe you are a bookseller and also act as a stock 

broker*' 

X 3 



j4. t atin« 

Q. You af^ n«l it Member of tlie Stbcic Ekcfhithge. 
^. Noy I &ai not. 

(2. In th« ailerD60ti bf Saturday the 19th of February, did 
Mr. Butt^ ^oke aby l^pUcatioh to yoti on the snlg^ct of 
»tock. 
J. On the mohiihg of that day. 
Q. What did he apply to you to do ? 
A4 He applied to me to purchase a quantity of Omniuitt, 
Q. How inudi did he mention ? 

J^ He mentioned on the first Instance as mucfe fes £150^00^ 
Q. What answer did you give to tiiatt 
A. 1 hesitated to eiteciite sticli It bbkntnibion iai thitt 16 
that extent* 

. Q. How much did y^n purchdve for hibif 
J, £20,000. 
Q« On that Saturday 1 
A. Yes, in the morning I speak of, 
<2 What did yoili dO with that i:£O;O00r 
A. I received instructions to sell it agtiinyif I cotaM jgeti 
quarter per cent profit, 

Q. Did you get a profit aad «^ll it againk * 
A, In a short time I did get three-eighths per cent inrofi^lr, 
and consequently soldita^ain wichout waitingibriilstnidtioha* 
Q. Did you then by his instructions iBake any farther 
purchase for him ? . .v 

A. I did in the latter part of that day purelkase £1*1$ 
p£20,000 aod then i: 10,000. 

Q. On tl)e morning of Monday the a^lst did job fiell out 
that i:30,000? 
^. Idid. 

Q. In pursuance of instmctions received om the Saturday 
pr on the Monday ? 
A, On the Saturday, at the time t saw him* 
^.At what profit did you selll 
An At three-fourths per cent profit* 



J.^9i. . ,.. ..: 

Q4 Ybo weie partner- with Mv, Seam^ Senior^ Mc, Buttg| 
broker, were not you 1 

^. Yes, formerly I was, 

€L BM yon not apply to Mr. Butt, stating that you had a 
wife and family, and wishing him to give you someenploy*- 
ment. 

A. Mr. Butt had been known to me ten or twelve years, 
and known to Mr; Fearn, Senior, only as being one of my 
custOJi)«p W t|)^ ^ ^* . ^ 

Q. Did you not apply to Mr, Butt yourself to ask him to 

serve you. 

A. Not upon this occasion at all, 

Ct.Will you bear the.<)uestion first, and then answer it. 
Did you never before this apply to Mr, Butt to give you 
some of his business i 

^. Yes I did. 

Q, And he did give you some of his business upon this 

dayl 

A^ He did. 

Cross-examined by Mr. Ricliardson. 

Q, Was any of the Omnium bought for Mr. Butt, paid 

fori 
A. I would rather decline answering that, 

Mr Francis Baily catted again. 

ExaminedbyMrGurney. 
Q. These gentlemen have informed us that they have fiir^ 
Bished you with the exact statements of all the purdiasat 



184 

and safes; bare yon drairn ont from their statemeats the 
purchases and sales, and the daily balances of eacht 

A. I have. It may be necessary to state, Mr. Richardsoii 
)ias not furnished me with a written account, but I have 
taken it down now froip his own mouth. 

Q. Have you from that made out a general statement 
pf the several accounts opntaining the d#ily pu^hases, the 
daily sales, and the daily balances f 

A. I have. 

Q, For Mr, Cocl^raiie jfolpstane, Lord fCoctiraii^ jui4 
Mr. Bnttt 

J. Yes. 



7>eaciM^nfpii^2e2rrere(lffi^ rsod, aifoBamffm 





A. Cochrane Johnstone^s 


Lord Cochrane's 


Genci 


Consol Account, 


Omnium Account, 




froml2«'»to21«Feb.l814 


from 14«^to2P'Feb. 1814 




through Fearn 


through Fearn 




Daily 


Daily 


J^^y 


DaUy 


Daily 


«^*y 




Purchases 


SalM 


Palincft 


PttrcUasea 


Sales 


Balanoes 


1814, Fclr. 81 

9. 
10 


























11 














12 


100,000 




100,000 








14 






100,000 


100,000 




100,000 


15 






100,000 






100,000 


16 






100,000 


50,000 




150,000 


17 






100,000 




50,000 


100,000 


18 






100,000 


36,000 




136,000 


19 






100,000 


20,000 


17*000 


139,000 


21, 










139.000 






R, G. Butt's 






Consol Account, 






fromll«Ho21«Fcb.l814 






through Fearn 




' 


DaOj 


Daily 


Dally 








! 


Pttrdiiwt 


SaiM 


BalaacM 








Feb. 8 














9 














10 














11 


46,000 


20,000 


26,000 








12 


87»OO0 




113.000 








14 






113,000 








15 


55,000 




168,000 








16 


40,000 




208,000 








17 






208,000 








18 






208,000 








19 




30,000 


178,000 








21 




168,000 


10,000 
















_ 







165 

Q. Wbat appears at last to be the grojis balance held by 
each of them on the 19th February; what is Mr. Cochrane 
Johnstone's balance of Omnium from all those different ac» 
eouQts, on the 19th February? 

4* £490flOO. 

CL Now stat$ Mr. Cochrape Johnstone^s Consol Acoount. 

4. £100,000. 

€L What was the balance of hQtd Gocbrane's Omnium ac* 
iK>untf 

4. £\S9fiO0. 

Q. Now state Mr. Butf s. 

4. £WOjOOO. 

Q. And it appears^ I see, dial there were £94,000 sold too 
ainch on the Mondi^. 

4. Exactly so ; there was that qoantity sold more dian he 
had purchased. 

Q. What was Mr. Butt's Consol Acoomitf 

4. £17^,000, and he sojd only £i66fl00. 

Lord JElknbarougL Then there was £MpO0 too much of 
his Omnium, and «£10,000 too little ai his Consols sold i 

Mr. Gumey. Exactly so. Now what was tlie gross amount 
pf their account of balances on that day? 

4. <£?59>000 Omnium, and £^7SfiO0 Consob. 

Q. As we are not so well acquainted with Omnium as yon 
are, if that were reduced to Consols what would they have 
lonounted to ? 

4. It may be necessary to stite, that eveiy thousand pounds 
Omnium consists of £\100 Reduced and £670 Consols, 
therefore the whole amount of that would be <£l,6n,4dO 
three per cents. 

Q. Now upon that amount, what would the fraction of a 
single eighth per cent, be ? 

4. jf «014 .5:9. 

Jjofd Elknboraugh. The whole of this fond was cleaied on 



SM 

ifM^OOO Onuuimi ? 

Mr. Gumey. Have you calenlatad horn the aceouqte^ itfai 
profits made by those sales of the 2l8t ? > . x . 

Jl. I have. 

Q. To what does it amount ? 

A. EkndQy £10,^^50^ 

Q. That is the total of the three. Can you give me tk# |ki^ 
pprtion of each i 

J. For Lord Cochrane £^^70, Mr«€$<#i»^Mn4tP0« 
jf40Sl : 5, Mn Butt cf3048 : 15. 

Q. £roso'itie 9tfi^ 0S Hit Imriif t ^m *f» f»MiWg ^ Hie 91st 
if no news had arrived such as raised itm^ fuiMls 4m tb^ 4lii 
cDuld any f^enuoiif bad* poU lhi# ilai]gp qufmgty ^ Omaium 
and Consols without very much depressing th^ msiA^i 

A. I should tUafe fi^ cortMiily. 

Q. Do you reoiopfcar fft wfcfit fM»«#! 0»iUMI i# of on 
Salunbiy the lOlhl 

■igr-own mapMry. . . .- 

Q. Have you the bMbs jwe^ . 

A. No ; Jtbay are Ihe iMK*« qf ^e S|i^ ^v^kvuf^^ 

Q. MrWuteiiril/SMepiiiAs^ 

^. Yfis. 

Q. How soon after the business at the S^Qqk iFiTflhuiW* 
huem te dMe fQi)m^ •f th^ 9^\9^ 414 ^^ .leji^s arf Ivo liieii^ ? 

d.\ sb^uill Ihbl^ )» fthaut hfljf ^n hiM^riS^r^ :t)i|); 1 mrfJj 
ivn oat quite(i:^4fWPlo jibi^ ^int. 

Jj>rd Elknborough. The business begins at pBtikj il \iifjJL9f»i 

Mr, Gumey. As soon as the new W9J^f Jb#dtit a iiiWipiUi 
effect on the funds ? 

J'Y»Bi « jBWi^ ^ep^ 4^c0iyiii)g ft^ ^ .riipi# FM 
believed. 



161 

ji. Yes; there was about the middle of the day. 
* Q. i fnean th^ flint d^clitte. 

J, Tes; aftei%ards they iiecbvftidl; 

Q. To Mrfl&t i^as that retiovery owing ? 

^. It was gthtrslly atttlbuted fo'fhe hewd that csoat thrott^ 

the city. 

Q. You mean the chaise coming through the city i 

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 
t^ AiV^igh IfMs'dty, «*«^ftd MM hj^h^r tllftn it hftd beeft oa 
the report of the arrivid ^ Ifae tofe^ dig ttf^ 

jr. I think it did. 

Cross-examined by Mr, Park* 

Q. Ycm ai»<iot afi^ the swie rmf^mat m the other |ier- 
#008 ^re, can yw faU qs >v|i«tbKr .tt)e«fi we^ mal tiwsactipns, 
or only fictatsons. onel which daily t»k« phce 9jt Ihp. Stock 
Exchange f 

iJ. Th^noMittt8}«d)aih iwikeciv^ b^ I thmk me^^m m 
Ibr tine^ ibcrt I >hajr6<oBl^ ftdean <>iit the %iir9s. 

Xor(2 EUenborough. I should imagme the witneaa woM 
Itty Aat 'from ^eaMgiqtude tsF llie tus^npU ^he «Ff utd Jhink 
they were for time ? 

jrf. Certainly. 

Mr. Park. I want to know, for I have never had Omnium 
Uitt^'Uf^, irfM^tfaer^oit «ie iiot«a«peldat to «ay fromj^ur 
knowledge of these accounts, that these are all wh^ they 
l»ll time bargains ? 

ji. There is nothing stated upon the face of these accoiuita 
fis to what days tiie. purchasn are nmde^; •posiaiblgr they 
may be for tun^. 



Q. I ask you T^fhfiJt from joiir.kfumlecigd ef these aGCounto 
and the inves^ations you have made, they are not tinf 
bargains? 

Lord Ellenbotmigk He baa no personal knowledge of 
them, he can know nothing but from the magnitude of the 
sum, he may suppose they must have been time baigains. 

A. Certamly ; there is nothing upon the face of the accounts 
to lead to any such conclusion. 

Mr. James fVetenall, nwwm. 
Examined by Mr. Gumey. 

Q. I beKeve yon are .eaiployed by the House to lake Uie 
prices of the day at the Stock Exchange i 

A. I am. 

Q. At what price did Omnium leave off on Satetday the 
19th of February? 

(The Witness referred to apeiper.) 

Mr. Serjeant Best. Where do you get those accounts from F 

A. I collect them from the Stock Eichange. 

Mr. Gumey. Do you go about all day long taking the 
prices i 

A. I collect diem at difierent times in the course of the day. 

Q. You go about takmg an account from all the persons who 
are there f 

A. 1 take them from different persona who are in the 
market. .1 

Mr. Serjeaid Best. This b a printed paper i 

A. Yes. 

Mri Gumey. It is printed under your directions^ I believe f 

^.Yes. 

Q. Is your original paper destroyed ? t 

^. It is. 

Q. Is this paper a copy from that of yours f 

A. Yes, :a 



f89 

Mr. Serjednf Best. Did 70a eiFer compare tlds with tke 
paper on which you took down the prices? 

A. Yes. 

Q. Where do you get 4he contents of your written paper l 

A. From the gentlemen in the Sitoek Excbange. 

Mr. Serjeant BisL I submit that this paper camot be evi* 
dence. The Witness states that he Collects fivm the ii(ende- 
men in the Stock Exchange, tho^prtoes- at which Ihey 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 objectii^ to that, but I submit, the written paper 
itself could not be evidence.' 

Lord Ellenborough. It is all hearsay, but it ia 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 ^ng, but as whs!t .is in* the ordinary transactions of 
mankind received as proper information, and I suppose there 
is hardly a gentleman livingwho would not act on this paper. 

•JMr. Gumey. At what price did OmAium leave off on 
Saturday the IQth of February? 

A. S6|. 

Lord EUenborough. Do you furnish the Bank with these 
papers? 

^.Yes. 

Mr. Gumey. Was that 26| the money price or the time 
piice? 

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. ^61. 
' CL That is the money price ? 

A. The money price. 

Q. Therefore the time price was S7 J ? • 

A* I did not take the time price. 



A. As high as SOi* 

Q. At what time was that ? 

^. Xb^t is iimpo4MU« fi^r ofiB to my. 

Q. How sooaJlliit gttiii^. W 6At f 

j4. \ txmsmK 9i^( it did 0ie to 4Mit3>y ikgReos. 
oQ. Dii U «l4AA4it ibat^ or d«0.or ftiU ' 
w4((.ttfeU«(^«kgiM8:toS0» MdlfoiBltotojes. 

f>r<{ ftfeitiotioi^A. So lihat Uie moiotir faul a rtiatiinihg 
tffMt ^ 4lie€lose.of 'Ibe ijkty ? 

3fr. GuTMy. Did it fail back ao feir by 4Mie and a lialf m 
kibcgaiijio tb9 rmtmigi 

€mt$ fmamineifhf Mr. Smfemit AIL 

J2« Do you Deinembcr at wh^ft tifftie in the. owcse of liiie 4n 
the report cam^ to th9 Stock £xcbaxy;e, , of a chaise ^o^^mg 
through the city I 

A. I cannot say at what time it was. 

,Q. Xhea jpieilMips yoa cannot tell whether or. not the Stocks 
rose again upon any report of that kind arriving there l 

A. According to my recollection the Stocks rose a fecund 
time ;,Aey, rose ^t £r8^ then they iell, and then. they. ri^se 
agab« 

Q. But you cannot tell at what time tbfit^wfiSi or to^vi^bat 
e^uae ait was attributable ? 

A* It was attributable to a chadse arriving. 

Jd. You romeoiber^tf 

A. Yes. 

Q. See whether you cannot remember how long it iifvs nfter 
tfie opening of the business of thed^ ^t>^ey,|y>4qie.; ]Q|ghC 
it be three hours afterwards ? 

A. It was in less than |^«« bo»ur^«I ttblP^* 



I9S 

iti D; WMi«i*4d9s iliAii dm^ hoait thit Ahj mse the scetad 
. time you mdBJb'? 

jf* Yes ; the second time. 

Q. Have you a distipct recollection of this. Though yoo 
cannot remember fiib "pFecis^ pmnt bf tittve at which it took 
place, have you distinct recollection that -tfiey rose at first, 
then fell, and then rose i^n. 

A. Yes; I have% ip6rfect>rwbBectioa'of diat^tntl taiHot 
tdl^tlwtiiHili* 

CjiDJSHftrMiMi by Mr. PaHt. 

€L How often in the course of the da^ do you take that 
yccount ? 

jt, Not at any particular stated times* 

Q. You have notbii^ to do with buyioig or seUieg stock, I 
presume. 

J. Not on my own account. 
. Q, !But you are a Stock Broker i 

A. I am. 

Q. Then when you are not otherwise employed you £11 >up 
that paper from time to time l 

A. No ; if I perceive there are any particular fluctuations, 
I then make it my business to coUeqt the prices. 

Q, Do you mean to represent that the Stocks had not lisen 
from what they ended at on Saturday before 4iny news came to 
the Stook Eychftoge; had not they risen conaider^y %thal 
morning? 

A^ I think not, because if I recollect, these were reports i^, 
the morning that news had arrived. 

<2. We have beard from some 'gentlemen that they sold 
itock as soon as the Stock Exchange opened; riiow I ask 
whether stock had not been ' sold at^a riae before the newj 
arrived I 

A.Y^ 



192 

Mr. Gnmty. But you ray before the inarkM opened tker« 
were some reports of a Messenger having arrifoi i 
A^ Yes. 

Mr. Charles Addis, sworfi* 
Examined by Mr. Gurney* 

Q. Have you a house in Shorter^s-coortp 

A. No« I have not ; I am concerned for a geotkmaii vtho 
has some property there. 

Q. You have the letting of a house for a gentleman there i 

A. I have. 

Q. Was any applicfltiod made to you in the week pridr to 
the 21 9t of February for any part of that house ? 

A> Yesy on the 15th or l6tfay I think Mr. Cochrane John- 
stone! applied to me for an Office iua house^ the letting of 
which was under my management. 

Q. What number in Shorter's-court did he finally fix upt)U? 

A* It is number 5, the house almost immediately adjoining 
the Stock Exchange. 

CL Did he on that day take any part of the house of you I 

A. He took one room for an office in that house on that 
day. 

Q. The hoQse in which Mr. Featn 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 1 6th then ? 

A. I beUeve it was the l6th^ I will not be positive, and he 
cfdied on the following day the 17thy being the tliird time. 

Q. Did be, when he called on the i7th, 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. 



109 

Q. That was on tb^ third day after he had engagad tha tkee 
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. Peam) Is that letter Mr. Cochrane Johnstone*s 
hand writmg i (handing it to ihe Witness J 

A. I beheve it is. 

It xtas delivered in, and read as follows i-^ 

^ Sir,— I called again upon you to know if yiHi have PmntrU 
lo sell the house, part of which I have taken, as I find there 
are several persons in the house at present, which is ntther 
awkward, and makea it too public. 

<< If you halve powers to seU I wi}I immedialriy treat with 
you i have the goodness therefore to leave the tema with your 
clerk, or send them to me at No. 1S« Great Cumberlaad-street. 
I will bowemr call i^ain tbm 4v 1^^^^ ^ iPatom t^thft West 
end of the town. 
I am. Sir, 
. Your obedient Servant^ 

(Signed) A, qoCHRANS JOHN9TONB.'' 
{AddreuedJ Mr.Addii. 

Cross-exan^ed by Mr. Serjeant Best. 

Q. I belieye he took die first room for Mr. Butt expressly f 

A* Yes; and gave me a reference to him at Mr. Tewm^s, 
who then lived in ComhilL 

Q. An^ the nest time he came he said he wanted it for Mr. 
Feamf 

A. No; be said then be wanted it for Mr. Butt. 

41 And the4^ time he said he wanted it for Mr. Fearnf 



Q. Mr. Fearn hhs iK>w the whole. . • 

J. Yes. 

Mr, James Pilliner, su-orn. 

Examined by Mr. Guntejf. 

CL Are you a Stock Broker ? 
.^. Yes.. . . 

CL Prior to the Slst of Februaiy had }Oii ajade any pUf^ 
chases for the^Defendant Holloway^in Stock yr Omuiifto^ 

A. I had| in both. 

Q. How much of either was he possessed of before busiuesji 
heffiu on Monday the filst of F^ruar^f f . 
' ji* £^fiQO Omninm and ^^O^OOO Console. 
. Q..Did you sell that out on that Monday ? 

A. I sold ^£20,000 Omnium and £l^fiO0 Consols. ; 

Mr. Serjeant Pell. Doea yourL6rdship think, in conse- 
quence of what you have suggested already, that the Wituesi 
j» bouRd to answer to the nature of the -stock? - 
- Lord BUerAoreugh. I am not ap|>rized whether it is -« real 
sum or not at present. 

Mr. Serjeant Pell. The reason I now interpose is, that if 
this should turn out to be a<lran8action which was^not real, the 
Witness would not be bound to answer any question respecting 
k, because it may tend to criminate himself, and involve htift 
in penalties. The mere circumstance, of his having sold stock 
at all that day, supposing it not real stock, woutJ" warrant him 
in declining to answer these question*. . .) 

Lord Elknborough. Whether he »old any tiling; is a li%t: in 
the chain, or else you might exclude all th^ .transaclipus c^.tbe 
day, because they mjglit ultimately coppept ^itbth^^vy^iops^le, 
Mr* Serjeant Pell. Suppose it should turn out ^ be > 
time bargain^ these questions would be ina|terial to convict thi» 
|)erson of an offence, the amount sold wpii^d be very upateyal; 
dierefore if be is oot bound to answer the last questift U( * ,^ ■ 



t§6 

Lopd lltilthhc/^vgh. I d6 not prohibit him ; I am only to 
leH him that if the»e are bargains which are against law, he it 
bound to know the law^ and if it would involve hin^ in anj 
penalty he need not answer the question. 

Mk Serjeant Pell. AIM would request then i^^ that your 
X.ordship would now suggest to the Witness that he need not 
answer any question that will tend to criminate himself. 

iord ElUfibOrough. 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 tha 
axamination. 

Lord EUenbcrough. 1 cannot tell a witness he is not boimd 
to answer a question, until I see that it has some bearing' and 
probable tendency to accuse him ; otherwise I must rummaga 
all the statute books for penalties to ^ut the witnesses dti dieir 
guard— •! 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.HoUoway on th^ mor^n|^ 
•f thee 1st? \ 

A. Yes I did. 

CL Did he give you any directions i 

A. I beg to decline answering that question. 

3fr. Gurney* I submit to your Lordship he is not at liberty 
to decline answering that question. 

Lord Elknboraugh. You may answer that question. Did 
be give you any directions ? 

A. He did. 

Mr. Gumey, 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 afiperwards, and the haying done it would involve you m 
a penalty. 



Ut. Qmlt^. What M he give yon dii^clioiit lodof ' 
-* nf . To sell ttock* 
. 0. WMittosellaUhahtfd, orportafwhaththad? 

^•TosellalL 

Q. At what thM CD MMday wan it ? 

A. iUboat the middle of the day. 

Crpis-examined &y Jlfr. Serjeant Pell. 

Q. What is Mr. HoUoway i 

A. A wine raarchent 

Q. Where does he live? 

A. In MartinVhuie^ Cannon-street, 
' Q. Have yon known hii| any time i 
; X I haw known him upwards of twenty years. 

€L How long haveyonacfed iat him as hi3 broker ? 

4I. Perhaj^ two years. 

JIf « Jtmies Stetts swoth* 
JErotRiMctf 2»y Iff Guni^. 

Ci Are you Stock Broker to the Accountant General of the 
Court of Chancery i ' 

A. I am. 

Q. Did yoQ as broker to &e Accountant General, ni^ke 
purchases on Monday the 2 1st February? 

A.lAid. 

Q« At what prices ? 

A. I made purchases to the amounft of £\5f)51 : lO: 8, at 
7lf 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 die price at whicft 
itock opened in the morning ? 

' A. I got to my office I think about eleven o'clock, or a Ht^ 
Wore, I took the orders from the Accountant. GeaeraFt 
^ce. ' ' 



Q. M whftt time did you begin makiiig your purchase 

A. I think from eleven to a quarter after eleven, 

Q. Had the news then considerably raised the Stocks f 

j<. Ithad. 

Lord EUenborough. *Is that all you fid that day i 

j<. That is all I did that day. 

Mr. Gvmetf. Did you do business for any body besides the 
Accountant General on that day ? 

A. I cannot speak to any tfain^ but what I did for the Ac- 
countant General. 

Lord Ellatborough. Though you cannot speak to any diing 
else in precise sums, do you recollect diat you did buy for any 
body else on that day besides the Accountant General f 

CL I can speak to an entry cm my books on that day, bnt I 
cannot say whether I did the business myself. I do not reCoU 
iect 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 Igth for the Accountluit 
General £6B94 : 1 1 : 4 at 70 per Cent. 

Mr* Gumey* I have called for Lord Cochrane*s Affidavit, 
it is admitted by my learned friends that notice has been ^rvm 
to produce it, and it is not produced. 

Mr. John Wright rnMHy 

Examned by Mr A d^ jjp im, 

Q. Whore do you live t 

A* At No. 6, .Kttitoo-eqvBre. 

Q. Do you imoir where Loid Cochrane Ifves f 

A. At No. 13, Qreen-street, Gro9venor-squ«re« 
. CL. Had youaceasion lo see l^ord Cochrane in February or 
.March last? 

A. Almost every day m SArnary i^ to March last* 

M 3 



|9S 

Q. Jq the course of tkat time ^i hte 0«4iver io ii fi^pfT t# 
you? 
A. Yes he did, 
Q. What wa3 it? 

^. He delivered several papers to mt . 
Q. What was done with thatf (shewing a p^per tq tfie^tt^ 

A, Lord Cochrane brought me 4>iit a^Sdavit fpjr iji^p purpoap 
j)f getting it inserted in the newspapers, 

Q. Did you do so? 

A. I did, 1 got it printed in slips^ and (distributed a 90p7 of 
^t to each of the newspapers, 

Q. HaviB you a copy of \i ? 

A^ I have not. 

Q Have y9u ope of the slips ? 

A. No, I havp npt. 

d. Pid you repcive ^ny other copies of afiidavits pufppr^ntf 
to be affidavits of persons of the name of Sinjth? 

A. Np, I had UQ c/>nicefn \yh^tevcr with ^autl^ 
. Q, Smith and hjs wife? 

A, Certainly not, I knovf potl>ing of the printing of them* 

.0. Was the Morning Chronicle onf 9f the; papers ^ yrhich 
.jou put Lord Cochrane's affidavit? 

J[. Yes, it was. 

Mr. Park, It must not be said to be Lord Cochrane's aff- 
idavit^ till that b proved* 

Lord Elhnborouf^h. He printed something purporting to be 
'^rd CochraneVaffidltvit. I have taken it that Lord Cochrane 
flelivered several papers, one purporting tobe «n afiklevit 
which this witness inserted in the newspapers. 

Mf. fork. But'wben once the expression is used by mj 
jbarned friend, perspos do not get rid of it again. 

Jjofd Ellenborough. )f he published it aa an aij&devit, it i| 
^oad him an affidavit. 

.^f . |>^A^ I* o be iiiie, my 1.0^4, 



, . * ' Cro^$^eJU0nined by Mr. StrftatUrBat. . 

tL You. have said that he brought this paper to you, giving 
,J0U directiom to have it printed i 

A. He wished it to be inserted in the nevrspapers. 

CL Tell us all that he flaid to you at the time; did he not at 
tlie time when be was giving you directions to print it, say, 
that if Da Berenger was the man, he had given the Stock Ex- 
change the clue to it? 

A. After reading the affidavit, his Lordship said . ^' I once 
;«aw Captain De Bereuger at dinner/' 

Ijcyrd Ellenborougk^ 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 i^ I have 
given the gentlemen of the Stock £xchange the best clue to 
'find him out.'' 

Lord EUenbaroiigh. Did he aay what sort of xlue he had 
given ? 

A. The clue as to De Berenger. 

Mr, Gurkey. By his affidavit ? 

>^. Yes, that b^' that he had given them the best elite. 

Re-examined hy Mr. Adolphus. 

' • €L When was it diis affidavit was given to you i 

A. I cannot state the Any, 

Q'. Was it so late as March*? 
i A. ^Q, it must he. about ^e ^7th^or d6th of February 1 
th'mk, but the newspaper will prove the dale ;. it might be the 
£rst or second of March, I cannot speak to that. 

Q. Was it not a&er ihe H th of Match i 
f A. I .cannot state indeed* 

Q, It was given to you die day before it appeared in tlie 
M oming Chronicle ? 
- A, It was the day before, about three o'clock. * 

^/r. Gumey. Look at that (9hewmg a pamphlet to the wit' 



mm) have^ itaemd oMof iymfmi^fkiM ekher ftom 
Mr. Coduraiie Johii8lone» Loi4<3ooliraii6^ or Mf. Butt j 

A. Lord Cochrane gave me one of those at mf own f eqwMC, 
hearing it was pabiitfaed, 

Q. Look at diat whicliK purports to he an affidavit of lAud 
CochnuM. 

Mr. Sajeani Best, Is that the ixtaaliGalbook Lord CocbMiib 
gave you ? 

^.No. 

Mr. Gumey, Read the affidavit and teH aie whelhilr fCf^ 
know that to be vieiMiy and prcciaely the same i 
. Mr. ^Serjmtfi B$»t. I aubmit to your Lordahip that will 
Jl^tdo. 

• Mr. Onrnty. Whare it your copy of the paaapUet? 
■ j$^ Itia at home. 

Mr* Oumey. Will your Lordship allow him to 90 hlMA^ 
^nu fetch »• 

fjord Eilenborotigh. Certably. 

Mr. Malcolm RiokartUoB calkd^^^ 

Mramined by Mr. Gumey^ - 

Q. You are a boqkseller i 

A. Yes. 

Q. Were you employed by Mr. Butt to pubGsh that pam: 
phlet? 

A. Not absolutely employed by him to publish k, but I sold 
it for him at his request^ he wrote to me to know whether I 
would sell it for him. 

Lord Eltenborcngh. This should be a publicatiott by Lord 
Cochrane, to make the affidavit evidence against him. 

Mr. Gumey. Certain! j, my Lord, and if my learwed ffritods 
vrish ity I will watit till the witness comes bade. 

Mr, Serjeant Best. I have no wish to hiy any impedioient |i 
the way, therefore' if your Lordship thinks there is no ihipCPr 
|)Tiety in naiy permitting tt to be read ngwi I t^iH do itF '. ' 



* £0frf Elknib&fmigk: I Itete k fo y<nir jiidgmefit^irMliii^ 
Jfottr resistance does you mote good thin the admission. 

• Mf. Serfeant But. I wilt not resist il ceresialy. If I Irnd lli» 
<»riginal I would deliver it up ki amenent, bol the Itcl is, i/ft 
Imvenottheofigiiid. 

" HaviiiS obtained Jeave of d»eace to c<»Be to toiwo, m 
'< conaequeiice of scandalous paragraphs in the public pap6i% 
•^ and ifli eonsefuence of having learnt tbat band-bills hud benp 
^ affixed in the stitets, in whi(ii (i have since seen) it isassestcd 
^ that a pesson cttae to my house, at No, IS, GreeiMtrac^ 
■^ on die filst day of February, in open da>^ and in tbe dnsa 
^ isi winch he hnd committed a firand $ I fed it^ioe to myself 
^ to BMike the foUowii^; deposition that th^. pubic mty ImtNf 
^ lbs tnith relative to die only jNsrsott seen by mo in suliMf 
^ unifiirns, at nQ bous^ on that d^. 

March U^ieU. 

^ I, Sir Thomas Cocbcane, coasiDonfy caDed LopdCDcbraa^ 
lurwg been appoioited by the Xjords Conmsissioncss of dns 
Adoiirally, to active service (at tkt request, I believe» of Sk 
Alexander Cochrane) when I had no expeetalioB of beiii|; 
<ldled on, I obtained leave of absence to settle my pnvnie 
tsftufu previews to quittii^ this ceiintry, and chiefly, with ft 
.'^Aew to lo<^ a specification to a patraC relative Ion discoveqr 
4ev inciwasii^ the intensity of light. That in punnaace of 
:iny didly pmctioe of suparintending work that was osaontiaf 
4sc mn, and knowing that my nnol^ Mr. GftchFane Jnhnslon^ 
T i kwt to tbe city every mornittg in a ooadu 

i do swear, on the morning of the ^Ittat Febnmiy <«dtteh 
day wns impfessed on my noiod byciscinnstattrais wiich atea- 
nmcda occMted) I breaklmted si^illi bim itlds susidmsniii 
f* — ' ^ Biii all flit about hM nut eisht«*doak. ^mLl vms 



^lll|4)|Difni'l^ |ii|a imd Xr. QuU yntu^in the. cfmh)pn Sa^^^ 
bill, alKHlt lea o'ck>c|i^$ Uiat I h«d beeu about, three ^uavte^a of 
«lh htmr at Mr. Kmg*8. n^jUitiiictory» $t No. 1, Cock-Uoey 
f^ieiiL I r^eitPied a^fp^ Jtine^roo a sw^i) bit of pape^^v requestii^ 
me fo come inunediately to my house ; the name affixed, irooi 
beng Avritten close to the bottom, I could not read. The 
servant told liie it was from an army ofiieeTy and coadudiug 
ihat be might be an officer from Spain, and that some accident 
<bftd befallen to my brother; I hastened back, and i found Cap* 
'^ain Berenger, who, in great seeming uneaMness, made many 
•apologieB for the freedom he had used^ which notbiag but the 
^Kflffressed state of his mind, arising from difficulties^ could have 
indnced him to d^. All hb prospects, he said, bad failed, and 
hit last hope' bad vanished, of obtaining an appointment in 
Anerica. He was unpleasantly circnmstanced, oaaecoont 
of a 0n»wbich. he eouM -not pay, and if he could, that otbeh 
would fail upon him foriuH ^800a He )iad oohope of 
Ibeuefitdng ^tiib-^ creditors in his present situation, or of 
aarating himself. That if I would take him with me he would 
. immediately go on board and exercise the sharpshooter!, 
^bich pUn Sir.' Aleaaiider Cochrane,' I knew,, had approved 
H>t) . That he had kQ his lodgings and prepared himself Ja.tba 
be$tfw»j bis ineaas allowed. He had brought the jstnord with 
iiim-wbidi bad. been bis fathers, ind. to diat, and .to. Sir 
jyempder^ he would truat.foc obtaining, an ho&oprable ap» 
jpointraebt. .1 iielt.vei^ uneasy at the distress^be was in, and 
IsBOwing binp to be a man of great talent, and science, I told 
iiinl wottU do .every tbiag in my power to relieve him; btft 
:» to his going. immedkitely to the Tounanty with any comfort 
ito fairaseli^ it was qmte impossible, my cabin was withonlfii^ 
niture, 1 had not evjsii a servant oh board. He said he « would 
miUiDgly aess any ^where. I .told him that the warctioom was 
abeacfy crowded, .and besides. I could not with propriety take 
ibinv be being, a foieigner, without leave from the AdmiraUgp. 
»Ue seamed gcea%.huirt at. tfaf^,'^^ f^^^ ^ my.recoUtetioli 



808 

ftr^cates wUck he hsd formerly. «hewD. aej^om .pt|M|» m 
jDfficial situations. Lord Yarmouth, General JeiikiBscm9.aad 
Mr. Reeves, I think,^ were amongst the number. 1 rwipa^' 
soended him to mbc his endeavour to get tbem» or any other 
jriendsy to exert their influence, for I had none^ adding thai 
jivben the Tonnant went to Portsmouth, I should be happy to 
i^ceive him ; and I knew from Sir Alexander Coehrane, that 
he would be pleased if he accomplished that object. Captain 
^erenger said, that not anticipating any objection on my part 
fi*om the conversation he had formerly had with me, he- had 
come away with intention to go on board and make himself 
yseful in his military capacity ;•— he could not go to hofd 
Yarmouth, or to any other of his friends, in this dress, (alludiQg 
to that which he had on) or return to his lodgings where it 
would excite suspicion (as he was at that time in the rules of 
^e Kipg^s Bench) but that if I refusedto let him join the ahip 
^w, he wpuld do so at Portsmouth. Under present okcus^ 
^tancefl^ howeyer, he must use a great liberty, and rqqaeatthe 
favour of me tp lend him a hat to wear instead of his mititary 
^ap. J gave him one which was in a back room with soma 
thinj^s that had jiot been packed up, and having tried it on, his 
Uniform appeared under his great coat s 1 therefore offered 
him a bl^ck coat that was laying on a chair, and which I did 
pot mtepd to take with m/s. He put up his uniform in a towel, 
jand shortly afterwards went away in great apparent i 
^f mind; luid keying askpd my leave, he took the coach i < 
in, and which I had forgotten to dischaige in the baste 1 was 
jn. I do further depose, that the above conversatioii ia 
the substance of all that passed with Captain Berengas^ 
avhicb, from the circumstances attending it^ was strongly 
jonpresa^ upon my mind, that no other person in uniform 
yna seen by me, at my house, on Monday the £lst of 
'February, though possibly other officers may have called 
^aa many have done since my appointment ;) of this, howevift 
J jcvpnot sjpe^ of my own knowled|p, baviii| bam ilmoft 



cwiuiuuj jivfli BcnDO^ uTaiigin^ nij pnywe unuis. t 
win^ itudfciilood (rat im&j peinB<>oft W^c cttled under tro 
|flboY6 ' cifcniiivtaDc^ sua 'hsv6 'wntten noted in the Mrloiiry 
tnd otbers hkve waited there in expectation of seeing me, and 
)!hen fone nwfty^ but I most positively swear diat I never saw 
ioky parson at Iny house resembling the description, and in di^ 
dress stated in the printed advertisenient of the members of 
^^ Stock Exchange. I farther aver that I had no concern, 
dir«cily or indirectly, in the late imposition, and that the abova 
. is all that I know relative to any person who come to my house 
in uniform on the Slst day of February, before alluded to*. 
Captam Berenger wore a grey great coat, a green uniform, 
miA a *mifitary cap. From the manner m which my character 
lias been attempted to be defamed, it is iudispeusibly neces- 
sary to state that my connexion in any way widi the funds, 
arose from an impression that in the present favourable aspect 
of affairs, it was only necessary to hold stock in order to . 
1[>ecom6 a guner wi&out prgudice to anybody; that I did so 
'openly, conndering it in no degree improper, far less 61$- 
honorable; that I had no secret information of any kind, and 
l!hat had my expectation of the success of affairs been dis- 
appomtied, I should have been the only sufferer. Further, I 
do most solemnly swear that the whole of the Omnium on 
nccoiint, which I possessed on the 2 1 st day of February,. 181^ 
Simounted to J? 1^,000 which I bought by Mr. Fearn (I think) 
on the 12th ultimo at a premium of 28^, diat I did not hold 
6n that day any other sum on account in any other stock di- 
'Tecdy or indirecdy, and that I had given orders when it waS; 
1>ought t5 dispose of it on a rise of on^ per cent, and it actually 
wus sotd on att average at 29 i premium, though on the 4^y of 
"ttielSraud it might have been disposed of at 33]. | fur^er 
Weat,tht(t the above is tlie only stock which I sold of apj 
Innfl on fbe Stfft day of February, except ^QOQ in money 
•whitA t bad occasion 'for, the profit of which was about <£jfii. 
^fiurtfatr, I^ solemnly d^po^^, that I bad no connexion dr 



9M 

(feafiag wilh mj ^ne^ mve the dmTe mnttiawclj Md tiHt I 
did not a^aogf tim^ dkecAy or i ndirec^ y ^ hj Qqpself or lij mf 
Qlber, lake or procwe sny office or a|MrtnM»it for imj hvokv 
w olfaer pi^rira for Urn trwiM^lion of itoek ifi^ 

j)lr. James.lA Marchant sworn. . 

Q. Are you acquainted with Captun Dfe Berengerf ' 

jf . I was 80. 

•Q When did your acquaintance with him commence f 

A* About 18 montfis ago. 

Q. How long did it continue? ^ 

^. Itcobthraeditetilthe lOthof Fefcnusytotiiebeit oFniy 
Inowledge. 

Q. Between those periods was Captain De Berenger in 'ttk 
* habit of calliiig tipon yon frequency ? 

A. He was, from the 10th to the l6th of Fdbmarf. 

Q. At what period of the day ? 
' A. At dilKereiit periods. 

Q. Pid he pass hi» eveings. with yott f 

A* Occasionally. - ' t. 

Q. In conversations widi him, did you ever coOect frobn \im^ 
whether he hiid atay coonekiM vf'A Lord Codmfte or Mr. 
Cochrane Johnstonet 

A' 1 did '"With botfi. 

Q. State to the Court what he has told yoa.- 
' .<l. He stated dMit he was aboot to goto Ameffamittde^the 
*^mmaiid of Lord Cochrane ; on his menlming this, I pdt 
<he question to him, how he possibly eould do it oaier ihtf 
embamtssmenlB that he laid under, npon which he answered, 
Jhat ril Was settled on that score. 

Q. Do yon retoBeet upon what day this ooBWiiiMm |iaaseil? 



m 

A. I 'slioaid think nearly about the 14<h^ to the f>e#t df tUf 
IrecoUectioD, he said; that for the services he had rendered 
Lord Cochrane and Mr. Cochrane Johnstone, wherebj hh^ 
I^ordship could realize a large sum or large sums of ononey bjr 
jBeans oftbe Aifids or stocks, one of the words, tiiat his Lord* 
•hip was his friend, and had told him a few days before, that 
he had kept unknown to him till that period, a prrrate pursr 
for him De Beredger. 

CL Did he stale to you whether there was. any paiticidar 
iatknacy between him and Lord Cochrane, or Mr. Cochrane 
Johnstone ?. . 

A. He frequently mentioned particular intimacy of dinmg, 
ileakbsting and supping with his Lordship. He aaid„ in 
.which purse he had placed or deposited a certain per centage 
out of the profits which his Lordship had made by his stock 
•Qggestions. 

<2. Did you afterwards hear of the events of the 21st of 
February i 

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 
•etiveinthem? 

A.1^%6. , . 

Q. 7o wbom were those commnmcatioBs made \ 

A. To Captain Taylor of His Majesty's 82nd regiment ^f 
Itoo^ and Lieutenant Wright in the Honorable East India Com« 
pany's Service. . 

<). Did you collect in any conversations yoli had with Captain 
pe Qerenger, that Lord Cochrane and Mr. Cochrane «f ohft* 
itoiie consulted Jiim in any transactions of St<^ck? 

Mt» Farh ' That is a pretty good lea^iing question. 

Mr. Bolland. Did he state to you any thing .retfpectijSf 
Jheir coqsolting .him as to stock transactions? • 

A. Most undoubtedly, or I should not have drawn the. con* 
elusions I did« 



Q. For what was he to have a per cetitege f * 

j4. For the ideas he had given to Lord Cbehrane^ en 
lAoi' to fiiake a profit in the stocks. 

' Q. Did Jie dxtend that to Mr. Coefarme JohdeftoDe, or otAf 
Lord Cochrane ? . • . . .; 

^. To both. 

Mr. Sefjeatit Best. I am sitvare that jbur Lordship- inSk 
not consider this as evidence against Lord Cochrime, or Mr* 
Ckiehrane Johnstone. • * 

Lord Ellenborough. No; it b admissiUe evidtenee^ Ae 

tfibct of it is another thing. 

» . . ' • > 

Cross^examned by Mr. Serjeant Besi. . . . « 
•• . * . ! » . 

Q. You Iiave been corresponding with mj Lord Cochrane^^ 

ji. I have so. 
«.^ Q. You are no.w a prbonar in the King's .Bench^ I believe I 

ji. No ; I am not. i 

Q. You have told' my Lord Cochrane f 

Mr. Bolland, Have you ever had any communication ^ith 
LiOrd Cochrane 'but in writing? , 
, • A. None individually. 

Mr. Bolland. Then I object to any questional except as to 
letters. 

Mr. Serjeant Best. You are a gentleman whose appoint* 
^^nt Government have, stopped f 

A. It is not stopped. 

Q. SMspended ? 

A.\t is not suspended. 

Q. You mean to state that upon your oath \ 
- A.X state that I hold the situation of Secretary and Rqpitef 
to the Court of Antigua and Moutserrat. 

Q. You have not been prevented from going out } 

A. In consequence of being compelled to give my a^dtnc* 
either at this court or sotaie other court. 



fM 

Q. And not ot wy olbv •ocoiiDtf 

X Not tlml I know of. 

CL You know of no odier mutont whj Ck^vcnmiiiit liaff 
l lWywrt a d yur goim wm^t tlutt yon vmjf be k«pt heroM 
a\Titne88) 

2tYci. 

<L You mtaa ta tteto tbat WcmUy ' 
. 4. PracMr* 

Q. lsilmJtjomhMnd\mtingf(ihewingalHkrt6th€tV 

Q. JuBt look at these ; are these ypoi hand wtitiiigf fiA^pHy 
o^jbr leiiert to the WUness.) 

J. That it net 

CL That is Lord Cochrane's hand writing, is it not, yon ha? e 
got one in yonr pocket that is a copy of one that Lord 
Cochrane wrote to yon in answer to one of your letters f 

J. I will look at it. (the WHnm read the Utter over.) Hits 
b precisely the same as one I have in mj pocket 

Q. You have got that letter about you ^ 

a; X have. 

Q. Have you not proposed to my Lord Cochrane to lettd 
50U money, and have you not told his Lordship that if he 
wouM not^MMMiM 

Jiff. Bolland. My Lord, he says he has had no comnraoi- 
ea€on but in writing. 

A. I have had no commumcation with Lord Cochrane but 
in vmting. 

Mr. Serjeant Best. Would you have given this evidence 
if you could have obtained a loan of money from Lord 
Cochrane f 

- jd, Most undoubtedly ; I must have been compdled to do it 
upon oath if brought forwards in a court of justice. 

Q. I will not have a reasoning answer, but a dh-eet answer, 
' an* 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 Cochranef 



J. If my Lord Cochrane hiMi not called me forwards, of 
course i should not have giv^n an evidence, but he has com« 

CL That will not do; I will put the question again ; I waat 
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? 

ji. I hardJy consider that question as fair; if his Lordship 
says it is I will answer it. 

Lord Elkttborough. I rather think the terms of the question 
embrace some communications ; he says, he has had no com* 
munications 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 meney^ 
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 Loidship; 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 
u passing in his own mjod upon the subject, to know the 
motives from which this gentleman, of whom I shall speak 
by and by, comes to speak. 

Ijord EllenOaraugk. Do you give your evidence from re- 
sentment in consequence of having some loan refused to you i 
A. None ip<lividually— -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 Elknborough. He does not refer to it, but one cannot 

but be conscious aiter what has passed, that all that has ever 

passed aboiit a loan has been in writing, therefore it would be 

the most ingenuous course to put it in. 

Mr*SeryeafU Be9t, I certainly mean to read this man's letters* 



Lotd Elknh0rougliL i asked luni' in tEe ttrofagot siailner 
pmahle^- do yoii now give: j^our evidcace in raaentbent fev 
having a loan^ or any other benefit withheld from ymii Yoi| 
SMty pre89 that if you please. 

Mr. Strjeeni Best. I will put it in die way your bordship 
suggests. Do yoii not now. give your evidence m conae^nttce 
of your being afigry with Lord Cochrane for refining to kad 
you money i' 
A. No, So help me God. 

fk^ Now take care. Do you know a g^nUeaien of the name 
^f Palfneyman ? 

A. I have met him twiee^ I thiiikv within thisufbrtmght 
pai»t. 

Q. Yo^httve no resentment against Lord Cochrane whatever 
I understand you i 

A. None whatever. 
' (h You bav« never so expressed yours^elf to Mr. Paifreyman? 

j#. I am persuaded I never have. 

Q. You never have told Mr. FaUreyman dien diat yon 
iH^ould' ht bis ruin i 

A. N^ver. 

Q. Ndtfeinglik^ that? 

A. Never. 

Gt. That you woiild assist the Stock- fjcchange-? 

A. Never. 

Q. Nothing of the sort ? 

A\ I liave already answered you. 

Q. That will not do. Wht^re did you come flr6m^no#) 

A, I cattle from the Gloucester Coif<t^ House. 

Q. I should bfeve thouglit you had b^n in a coffee hoOM^ 
it is after dinner time I suppose. Yott are sure you ne^tfir 
srfd any thihg.of the kind? 

A. I have repeated it thiree or four times. 

(J. You know this genHetinan very well, Mi** PaM^aum? 

A. A very slight acquaintance. 

Q. Now I ask yota another thihg-*Dkl yott e^cr ditelose 
this conversation with Mr. De Berenger till after Lord 
Cochrane refused you a loan i 



'iai^d MlkfAoreuf^, If my applicationt you made for 9^ 
loanf wm in w^ting^ you ^re not bound to answer that 
^neattofi. 

■ Mr. Serjeant Best. My question, was ^s to the time of the 
disclosure to tb^ Stock fi^ebaDge, I wiil certaioiy re^d bia 
klteirs^ tki^ doea not touob mo, but) my learned friends of 
Gomisel £^ Be Beioeng^ bad not sieen these letters. Mjf 
<ine8tioii i% whether you ever disclosed the matter you have 
stated to day against De Berenger till after you were re* 
£a4ed A loan by Lord Cochrane i 

Lard Ellenborough. But- if the proposition for loan wses ^ 
writing, the letter must explain itself, 

Mr. Scarlett. If we are not allowed to examine this witness 
as to his motives and his conduct as to tliese letters 9. 1 do 
Aot see bow these letters could ever be made evidence. 

Lord Ellenborough. You cannot examine him as to his 
motives, without producing the letters, that would be ex- 
tracting the most unfair testimony in the world ; I know 
nothing about the man, I never saw his face before to-ds^ ; 
but hoj as a witness, has a right to the common protection 
of the law of the land, and not to have gfttrWed questiona 
put to him. 

Mr. Scarlett, We do mean to read the letters. 

Lord Ellenborough, And then you may call hrisn back to 
ask him any questions upon thorn ; but i would not have 
him answer without the letters being read. 

Mr. Brmgham. My learned friend merely referred to the 
letters as a date,- not to the substance of the letters. 

Lord Ellenborough. But he has said that he never had atiy 
communiqation with Lord Cochrane, but by letter, therefore 
the request for a loan, if any one wsa made, must have been 
by writing, and if he is to be questioned about ttiat request 
in writing, he ought to have the tenuis of that request in 
.writing read before the jury, so as to give a pointed answer 
terit 

Mr. Broughu^. With.great submitsiOB^my leamedlfirieDd^ 

0£ 



31^ 

did not ask as to the contents of the correspondence/ bu£ in 
point of date and time merely ; he put this question. Was 
your information given to the Stock Exchange previonsly 
or subsequently to that correspondence,' whatever the con- 
tents of that correspondence v^ere i 

Lord Ellenborough. I never heard that question put till this 
momeht. Previous to some supposed correspondence, with* 
out stating the nature of that correspondence, was the in- 
formation ^iven by you to the Stock Exchange ? 

A. No, it was given by Lord Cochrane in his publication 
of the correspondence in the Morning Chronicle. 

Lord Ellenborough. We cannot get on widiout the letters. 

Mr. Serjeant BesL I have no objection lo the letters being 
read now. 

Lofd Ellenborough: That would disturb the order of the 
proceedings. 

Cross examined by Mr. Richardson. 

a The conversation with Mr. De Berenger was about the 
l4thof February ? 

ji. Yes it was. 

a Have you not reason to know that about that time be 
had expectations of getting some employment in America? 

A. He mentioned it to me himself. 

a To serve under Sir Alexander Cochrane who had a 
command i 

A. To serve under Lord Cochrane as I understood. 

a He expressed his anxious desire and wish to be so em- 
ployed? 

A. Particularly so. 

a He expressed a hope that he might make himself use- 
ful to the cause, by drilling the sharp shooters, and other 
things of that sort I 

^- That was what he represented. 

Q. Did you not know that he had had experience as ji 
Tolunteer officer in a particular department i 



213 

A. I had a very high opinion of him as being acquainted 
Dvith that science. 

a He bad been a Captain for a considerable number of 
years in the Duke of Cumberland's Corps of Sharp Shootersf 

A. Adjutant I understand. 

Q. You considered him as ^ man of science and skill in 
;tbat department i 

A. I did. 

jQ. Do you not know that he was making preparations at 
that time inord^rtogo to America if he should be successful 
in procuring the appointment he was soliciting ^ 

A. Not making preparations, those I know uothing of. 

Q. That it was his anxious wish and desire to go you 
heard from him i 

A. Yes. 

Rc'examined by Mr. Bolland. 

Q. Did the Stock Exchange apply to yoa, or did you go 
to them to give information. 

A. The Sto6k Exchange applied to me and sent me a 
subpoena. 

CL Was the application made to you after Lord Cocbrane's 
publication, or before? 

A. After Lord Cochrane*s publication. The information 
that I gave to the two gentlemen, Captain Taylor and 
Jiieuteiiiant Wright was prior to Lord Cochrane's affidavit, 
or its ever being mentioned in my hearing that Mr. De 
3erenger was implicated in this business. 

The Honorable Alexander Murray swom^ 

Examined by Mr. Bolland, 

CL You are in His Majesty's service as an officer? 

A. Not at present. 

Q. I believe you have the misfortune at present to be in the 

KingV Bench. » 

A» I am. 

o3 



<3. In the rules ? 

A, In the inside. 

Q. Are you acquainted with Captam De Berenger, in<I , 
how long have you been so. 

A, About a year and a half I have been. 

Q. Who introduced you to Captain De Berengerf 

A. Mr. Tahourdin^ who was my solicitor^ and hkewise the 
iolicitor of Mr. De Berenger. 

Q, In consequence of that introduction did a eonsklerablo 
intimaoy take place between you and the captainf 

A, There did. 

(dL Were you frequently together ? 

A* Very frequently ; when I first went over to <he rules of 
the Bench^ I lodged with Mr. De Berenger in tiie same h^ase 
for about one month, till I took a house of my own. 

Q, Had you at any tiuie any conversation with Captain De 
Berenger previous to the 21st of February with ijespect to 
iord Cochrane and Mr. Cochrane Johnstone? 

A, Towards the end of January I think, or perhaps the be- 
ginning of February. 

C2. What was the substance of these conversations? 

A. It happened one Sunday between one and two o'clock, 
Mr. Harrison called upon me, and we were con versing a.bout 
'a pamphlet he was writing. 

Q, That Mr, Harrison was writing ? 
' A. Yes ; it was relative to the trial b^ween Mr. Basil 
Cochrane and Mr. Harrison. 

Q. That impressed the day upon your recollection ? 

A. Yes, 

Q. Did Captain De Berenger come in that day ? 

A. Yes ; he came in during the conversation and joined in it, 

Q. Did any thing paas froBi Captain De Soienger on 
that day respecting Mr, Cochrane Johnstone aod Lord 
Cochrane? 

A. I at that time knew he was employed hyUt.Coi^mm 
Johnstoue. 



fi. Prom wlmn did you «iideiiitaiid that i 

A, From Mr. De Berengerhimself, that be was emplojFed 
by Mr. Cochrane Johnstone in planning out a small piect 
of ground behind his house in Alsop's Buildings. 

Q. What passed at that time about Mr. Cochrane Joha* 
stone ? 

A. He mentioned that there was a transaction gaiiig on* 

Q. Does the circumstance of the pamphlet bring back to 
your recollection wfaatSonflay it was? 

A. I cannot state the day of the month, but k Wa^ 
towards the end of January or the beginning <*f February. 

it State what Mr. IXe Berenget then said? 

A. He said that they had had a plan in view— — 

Q. Who had? 

A. fliat De B^enger had, with Mr. Cochrane Johnstone 
imd Loi*d Codirane, that provided it sacceeded, it would 
put many thousand pounds in the pocket of Mr. Cochrane 
Johnstone and Lord Cochrane. • 

^. Upon hearing this, did either you or Mr. Harrison ask 
Captain De Berenger what the i>lan was? 

A. I did, and he decliiied answering it ; I said, '' is it 4he 
plan with regard to Ranelagh which it was proposed to 
build in Alsop's Buildings, on Mr. Cochrane Johnstone'^ 
iandj** and he said ** no, it i^ not, it is a far better plan.'* 

Q. Did you collect from Mr. De Berenger s conversation 
with you, whether there was any particular iirtimaty be- 
tween him and Mr. Cochrane Johnstone and Lord Cochrane ^ 

A. I knew there was a very particular intimacy between 
him and Mr. Cochrane Johnstone, but I did nbt understand 
it was with Lord Cochrane at all; I understood he was a 
more recent acquaintance. 

Q. From what did you collect that ; what did Mr. De 
. Berenger say to you that induced you to believe he was 
intimate with Mr. Cochrane Johnstone ? 

A. He was constantly with him ; he was there almost every 
day. 



210 

0. Voa say that bis acquaintance with Lord Codiranc 
WBB recent i 
' A. I do. 

Q. When you understood him to be acquainted with 
Lord Cochrane, did he sute any thing with regard to his 
yisits to Lord Cochrane? 

A. He did not* 
f . 

Cross-^amin^ by Mr. Park. 

Q You have known Mr, J)e Berengcr a great while I 

A. Yes, I have. 

Q. He is a man ojf very considerably science ai^d ^tain^ 
pientl am told ? 

An Very much so. 

Q, I believe you happen to know that he was at that 
lime, or had been about that time engaged in some plan of 
Mr. Johnstone's about building a place called Vittoriay ii^ 
consequence of the great victories? 
A, It was to be called Ranelagh I understood, I nevf^r 
beard of the name Vittoria* 

Q. He had been engaged for a considerable time before 
in drawing a plan I 
u4. He had, which I had seen. 

Q. And that led him, as you understood, tp be v^ry muc|| 
with Mr. Cochrane Johnstone^ 

A. It did, 

Q. Alsop's Buildings is somewhere near Mr. Cochrane 
Johnstone's house I 

A, Mr. Cochrane Johnstone has a house there, and this 
is the ground immediately behind it, about an acre, which 
is in garden ground, and which was to be converted to that 
use. 

Q, Something upon the plan of the old Ranelagh ? 

A, Something upon an improved plan of Mr. De Be- 
jqnger's. 



»7 

Q. Yoa have seea the jdan yon ftf, which Mc J># 
Berenger drew for Mr. Cochrane Johnston^ f 

(i. How long ago is that? 

J. 1 cannot exactly say how long ago it was. 

a Was it before this conversation a good while? 
, A. Before this conversation ; when I was in ^be ba))it of 
palling upon him. 

a About the close of the last year probably ? 

A. About that time^ I cannot exactly say. 

a Was it not a very beautiful plan that he had drawn 
for this Ranelagh 

A It wa^. 

Q. It required, from the nature of it^ a considerable deal 
of time and labour ? 

A. It did certainly. 

Q. Do you know whether Mr. De Berenger was very much 
(employed in plans of that kind for the Royal Family and 
others? 

A* He was* 

Jjord Ellenborough^ If yon see any tendency to the advan- 
tage of your client, I will not interrupt you, but at pre* 
sent this seems to have no bearing. 

' Mr. Park* I assure your Lordship, and I know I shall have 
credit for believing what I state, I would not at this hour 
pf the night pursue it if it was not important, but I fed it 
necessary when it is stated that there has been a wonderful 
intimacy^ from which, conspiracy is sought to be inferred. 

liord Ellenborough. I will not ask ybu to go into your rea** 
sons, if you only say you think it material. 

Mr. Park. As far as you have seen Mr. De Berenger, for 
the length of time you have described, do you not believe 
him to be a man of honor and integrity ? 

A. I certainly do from every thing I have seen; I saw 
nothing but the most perfect gentleman during the time | 
Jpdged under the same roof. 



Slfl 

Examined'hy Mr. Jdolphus. 

Q. Whole servant are you ? 

jl. The Honorable Basil Cochrane*s« 

Q. Are jou in his selrvice still? 

XYes. 

Q. Did Mr. Cochrane Johnstone and my Lord Codirftne 
>]sit at your master's bouse ? 

J. Yes, 

Q. Have you ever seen them there in companjr with C^ 
tain De Berenger ? 

A. Yes ; Baron De Berenger is the name I have given ini 

Q. Ttifi gentleman who sits there now ? 

J. Yes. 

Q. Did he come there once, or oftener; within your me* 
moryi 

4^ Twioe. 

Q« Who brought him ? 

A, I do not know that any body brought him in particular^ 
tie jT^me to dine tliere as a visitor. 

4i. WiAhwUom^ 

A. Not with any body in particular; invited by the Hon- 
inrabV Basil Cochrane. 

.Q. Was tha^t upon days wbea Mar. Cochrane Johnstone 
loid Iioud Cochrane were there ? 

^. Mr. Cochrane Johufitone and Lord Cochrane dined 
|bep« KMicei Lord Cochrane did not the second time ? 

i). As &r «3 yoiu could observe^ did Lord Cochrane and 
Mr. Cochrane Johnstone appear to be acquainted with the 
PltroB De Berei^ger, or to be then first introduced 4o him4 

A^ They i^ppeared to be acquainted with him. 

Crosi-exandned by Mr. Tcj^ing„ 
Q. ICan you teU us wliat time «bifl wns i 
A. Itk JattMry the &st time, aad ihe netf ipTebniAiy^ 
hut I caimot say what day, 



919 

a You live wUb Mk 9fNtf fCodbosBMf 

J. \es. 

Q. He is related to Lord'Coc^rane I 

A^ Yes, he is uDcle to Loid Coohmoe. 

Q. And Mr. Basil Codirane having « dimier pai^, Btfloa 
De Berenger was oae <if tlie party, -end Loid Ooehritoe 
another ? 

A. YcB- 

(U. And Mr. Cochrane JohMtone anotfaer ? 

A. Yes. 

Q. Did the dinner party cotoefi^t of any other? 

A. Yes, the 'fir^t time, Admired Goehrone (Sir AlttiliMler) 
his lady, and some more ladies and gentlemen. 

Q. Was that the day Lord Codiruie dimd 1!hei« f 

A. Yes, it was. 

Q. Then upon another occf^roti; Mr. Badil Oochitte 
having a diner party, Mr, Cochrane Johnstone fonned -ena 
of the party, and Baron I>e Berenger aiioAet ? 

A. Yes. 

Q. Was tAiere an indiscriiinnate mtzYare of l&tfea «ttd 
gentlemen again iben? 

A. Yes. 

Q. And Lord Cochrane was not there ? 

A* H-e was not. 

Q. You have been asked whether BarM Be fiaieagMrMl 
Lord Cochrane and Mr. Cochrane Jobnatone «pp(esHred to 
be acquainted-^id Baron De Berenger appear to be «c-* 
quainted with Admirfd Coclgrane,? 

A. I cannot say. 

Q. You were merely a servant attending at table ? 

A^ Yes. 

Crom^^antined by Mr, Skhardsan, 

€L From the ponversation that passed, did you undef^ 
litand whether Baron De Berenger was going to America to 
cerve under Admiral Cochrane. 

A^ 1 did net. 



920 

Mr. 'Bi^wMrd Brooehoqfi mofn^ 

Examined by Mr* Bolland. 

Q. You are Deputy Marshal of the King's Bench ? 
I 44* I sun. cle«'k to th^ Marshal of the King's Bench, 
t,^fl» Do jou.kpow B^ron Pa 3erpiig^r!. 

A. Yes. 

Q. Was he, during the latter end of thelastyear, and the 
beginning of the present, a prisoner in the King's Bench? 

A. Yes. 

Q. How loi\g had he been confined there 1 
, A. I think from the latter end gf the year 1812. 

Q. Till what time? 

A^ I una npt prepared tp ttat^ the day but till withiii 
about six weeks, 

. Q. Hav£ yop th^ bpok of rules here? 
, ^. Ihayenot* 

Q, Did jou miss hipi at any time | 

A* Yes some months, 
• ^r. Park. I w^ive the objection to your asking your qnctf* 
tionsy so far as I am concerned for Mr. De Berengej. 

Mr. Bolland. \Vho were the securities for. Mr. P« 
Berenger ? . 

A. Mr. Cochrane, a bookseller, in Fleetrstreet, and Mr, 
Tahourdin, the attorney, 
r Q.: You niade search, fo^i^ hini and could i)ot find hiin ? 

^.^Yes* . . . . : , 

Cross-examine^ by Mr. Serjeant Best. 
Q. That Cochrane was not at all connected with the Di|n? 
donald family ? 
A. I asked the question, and I understood not. 

; Cross-examined by Mr. Park. 

Q. Mr. Cochrane is paitner in the house of Mr White^ 9f 
Fleet-streei i 



221 

Q. I believe you saw Mr. De Berenger on the morning of 
the € 1 St very early, did not you ? 

A, No. . » 

CU Recollect yourself, because I understand you did see 
him that morning? ^ 

A* V rannot recollect having seen Mr. De Berenger for a 
very great It^ngth of time, and I think long previous to that I 

Q. i ha-e reason to put the question, or I should not -to 
you, not doubling the veracity of your answer; rc<*oll^ct 
whether you did not see him near the King's Bench Prison, 
very early on that morning? 

A. I have noihmg by Which I can charge my recollection* 

€L The security Has given a considerable time ago for Ihe 
rules ? 

A. A very considerable time ago, nearly two years ago I 
should think. 

CL It was not for a very large sum ? 

A. Under i'400. I think. 

Q. You will excuse my asking, but the tfecurity is g^e- 
rally nearly commensurate with the debt ? 

A- They generally do take it for the an^onnt as nearly aa 
possible, calculating the costs. 

Q. More than the debt then ? 

A. Yes. 

Q. Mr. Bolland. Was Mr. Kalph Sandom a prisoner iu 
the King's Bench Prison^? 

A^ Twice he has been a prisoner. 

CL Was he on the 21st of February 1 

A. I have not the books, and cannot state that • • , 

Mr, Joseph Wood sworn. 

Examined by Mr. Gumey. 

Q.Afe yob a Messenger of the Alien Offio^f • -^ 

^.iam. 



d Bid ybu on the 3d or 4th of April leave Lob)Joi^ m 
IMder l» appiebend De Berenger ? 

utf. I did on the 4th. 

Q. Had you a warrant of the Secretary of State ? 

^;Ihad. 

Q. How long had you had it in yonr possemen ? 

4; Ever since the 17th ol^ Maaroh» 

Q, Where did you find hiin;? 

^.AtLeith. 

Q. On what day 2 

^. OntbeSthof ApriL 

Q. Did you find him in possewion of any writing desk J 

A Of this one. (produdng apartubk desk). 

CL Bid that writing desk contain papers and hanknotes t 

An Yes. 

Q. Before you parted with ray of those {lapers or hank 
notes did you mark them i 

^. Yes I did. 

Q. When did you mark them ? 

A% I marked diem hefore die Grand Jory the day of the 
bill being found. 

Q. Have they been in your posseasion from the day you 
marked them i 

A. They have from the hour I took Mr. Be Berenger. 

Q, Were there any pieces of coin in the writing desk ako I 

A. There were guineas and half guineas, and in the podkel 
book there were two Napoleons^ (the mtumi opan^ ike 
desk.) 
Q. The bank notes ant in parcels I belierq 1 

J^ Yes they are* 

Q. Give me the packet with the 67. 

Thetfix>ere handed iit« 

Iff. Gurmp Iheiki9^it will be Oftece ofetfr if I da^Bk ^^b 
^em now tiU I have proved themi 



SM 

wt Heie wn^twb packeta^ mi a pocket boak-owtiiilii^ a 
fifty pouad fiote «id four fiva poqad notesy tfoeJNafxnleMii 
are in the pocket book« 

a There is anemonuidtts bookako wd » p^«ir of ma* 
morandiunH ? 

ji. There areJ 

7%e ^Fi^n^^ i€fiogred timPk 

Q. Tliere is a road book besides f 

A. Yes there is. 

Mr. ParK There are some papers of which I have heard 
no proof; there is a paper, in which it is stated there is some 
pencil mark, I have heard no proof of any pencil mark, or 
any writing; it is not evidence because it is in his pocket* 
book because one has many things in a pocket-book which 
are not in one's hand* waiting. 

Mr. Gumey, This is the writing. 

Mr. Park. Isbalinotlook at it; I ddnot kMTf hia band- 
writings 

Mr. Gummf^ Mt. Jones, I will trouble yov to Bead the fioi 
article in that inemoraudum^bookw 

• Mr^ Park. That cannot be done* 

• Mr.Gurwiy. It is found in hialetter^oaaek 

Mr. Park. I object till his hand-writing is proired^ ih0 
finding a manuscript in my poaseasion, is not sufiicieQii; to 
warrant its being read as evidence against me; yourliird- 
ship might confide some paper to me, and it wottld-be vary 
hard to read that against me. 

Lord JEllenboroiiglh It \^ prima facie evidence I think, sub* 
ject to any observations you make upon it. 
. JhTr. Park. It is fo«nd*in that things not ia Ua potokitt* 

Lord EUenhorough. (to Wood) Was it under his lo^kt- 

A. It was in bis possessioaidMin I IXK>k hitu . . 

Mr. Park. Am I id be answerable for all manner of things 
tent to me by my friends 1 



Lord 'Etknhor€f^h. t think A paper found! ilnder tbdlo^it 
and key of the party, is prima facie^ readable against him | 
it is subject to observations. If you do not go further, the. 
reading this as found in his possession^i^ doing little* 

Mr, G unity ^ (to Mr. Lavie) Do you believe that to be Mn 
De Berenger*8 writing i 

A. I have no doubt about it. 

Jdr. Park. Is it in pencil or ink t 

A. In ink. 

JIfr. Serjeant Best^ That cannot be evidence against tbe 
Cochranes, 

Lord Ellenhorough. No, if it was transmitted by him in 
writing to the, others, it would be evidence against them; 
but it purports to be only a memorandum of his own* 
Jkfr. Gumey. Certainly not, my Lord. 

The Extract was read asfdllows : 

« To C. I. by March 1 st 1 8 14, ^350— i?4 to 5000— assign 
one share of patent and .£1000 worth shares of Jn. De 
. Beaufain at Messrs, H. to tfa(eir care.— Believe from my 
informant ^18,000 instead of <£4800— suspicious that Mr. 
B. does not account correctly to him as well as me. Deter* 
mined not to be duped. No restrictions as to secresy — ^le- 
qneating early answer/' 

Mr. Gurnet/. That is all I wish to read. 

Afr, Park. I never heard a word of tliis. 

Mr. G-umeif. Vetj likely not. 

Cross-examined by Mr. Richardson. 

Q. Did yon carry this box of papers before the Grand 
Jaryt 
^ Yes I didy ibe writing desk. 



325 

Q. By whose orders was that done ? 

ji. By orders of the Secretary of State, of Mr. Beckett; I 
was subpoenaed to bring it before the Grand Jury, and I car- 
ried the subpcena to take directions from Mr. Beckett the 
Under Secretary of State. 

Q. You received Mr. Beckett's orders to do iti 

ji. With the subpcena I told Mr. Beckett I had received 
an order to take it before the Grand Jury, and I did so. 

Mr. Park. There are no subpoenas for the Grand Jury. 

ilfr, Gz^riiey. There are indeed, Crown Office subpcenas. 

Mr. Richardson. By whose order were the seals put on at 
Edinburgh taken off? 

j1. By order of Mr, Beckett, 

Q. That was before you went before the Grand Jury? 

J. Yes. 

Q. Has the box remained in your possession ever since 
you took it at Edinburgh ? 

A. Yes, ever since when I went a-journey to Holland; in 
my absence Mr. Tahourdin wished to see it, and Mr. Mus- 
grave opened it for him. 

Q. Except the time you took a journey to Holland it has 
been in your possession 1 

jf. Yes. 

Q. Had the seals been opened before that time^ before you 
went to Hollaiuii 

A. Thej* had. 

Q. In whose possession was it during the time of youx 
absence 1 

A. Mr. Musgrave's, and he delivered it up to me again. 

Q. Who is Mr. Musgrave? 

A. One of the clerks in the Office, 

Q, How long were you absent 1 

A. A week or ten days. 

Q. Has it been in your possession ever since your return t 

A<» Yes, it has. 

P 



236 

Q. Were you present all the time it was before the Grand 
Juryl 

A. I was; I left it on the Grand Jury table when I went 
out| but I locked it, and I had the key. 

Q; With all its contents locked up in it ] 

A Yes. 

Q, Were you present when Mr. WakefieM of the Stock 
Exchange, and Mr. Lavie called, I think on the very day that 
Mr. De Berenger arrived in London? 

A. I was, 

Q. Was that at yoar house 1 

A^ No it was not. 

a, Where was it? 

A. At the Parliament Street Coffee House, 

Q. That was the place you carried him to first ?. 

A. No, first to the Secretary of State's Office, and after 
wards to the Parliament Street Coffee House. 

Q. The day of your arrival those Gentlemen caine there I 

A. They were there. 

Q. Mr, Wakefield and some olher Gentlemaa? 

A^ Mr. Wakefield and another Gentleman, 

Q. Who was the other Gentleman 1 

A. I do not exactly recollect. 

Q, Was it not stated to him by those Gentlemen that they 
did not wish to press him if he would furnish informatioii 
against Lord Cochrane, Mr, Cochrane Johnstone, and Mr, 
Butt? 

A. 1 do not recollect hearing those names mentioned. 

Q. Against the other Gentlemen? 

A. No, I do not recollect hearing that, 

Q. Did they not state that what they wanted was informa- 
tion from him to fix the guilt upon others ? 

A, Not to my recollection, 

Q. Or any thing to that effect ? 

A. I da not recollect any thing of the kind^ I ^id-not 
exactly listen to the conversation. 



227 

Q. He W9S in your custody, and you ia the room all 
the time i 

A. Not exactly ; I was there the greatest part of the 
time* 

Q. Be so kind as to recollect yourself, it was only in 
the month of April last that this happened, many circum- 
stances have called this to your recollection since ; what 
was the conversation that passed ; what did they state to 
him as to his furnishing information \ 

J. There were some gentlemen wanted to speak to Mr. 
l)e Berenger; Mr. Wakefield went very close to Mr. De 
Berenger, and I declare to you upon my oath I do not 
lecollect any particular words. 

Q. The substance is all I want? 

A, I really do not recollect the substance. 

Q. Was any thing said as to his furnishing information: 
recollect, that you are to tell the whole truth upon your 
oath, as far as you recollect it 4 what was said upon that 
subject, as far as you can recollect? 

A. Mr. Wakefield did say something to him, but I really 
do not recollect. 

Q. Was it to that effect ? 

A. Mr. Wakefield put some questions to Mr. De Beren-* 
ger respecting this business, the Stock Exchange business; 
but the exact conversation, which I did not listen to, I 
cannot say. 

Q. Respecting the other persons supposed to be con-< 
cerned, was not that the effect of it? 

A. Something to that effect 1 thiuk, but I did not listen 
to the conversation. 

I^rd Ellenborough, What is the effect? only some« 
thing about other persons, that is no effect. 

Mr. Richardson. What was the effect of it ? 

A. Mr. Wakefield put some questions respecting the 
Stock Exchange, I ((id not attend exactly to what it was. 

T2 



228 

Lord ElUnborough. You had better call Mr. Wakefield, 
who put the questions, thaa he who did nol hoar what 



Mr. Park, We cannot call Mr. Wakefield ; he is one of 
the Prosecutors, he is one of the Stock Exchange. 

Lord EUenborougk. I know nothing about Mr. Wake- 
field ; as long as the question is sperate I am willing to 
bear it put, but it has been put ten times and the same 
answer returned.' 

Mr. Richardson. Did you hear names mentioned i 
A. I did not. 

Q. Did you hear them tell him, that their wish was that 
he should furnish information, to bring home the guilt to 
others? 

. A. I remember the word information, and that is all I 
recollect. 

Q. That they wanted information ? 
A. That is all I recollect. 

Q. Before this conversation look place, did not Mr. De 
Berenger say that he wished to be attended by Counsel, 
if they wished to converse with him ? 

A. Mr, De Berenger did answer something, but I 
cannot state what it was ; I did not attend to the con- 
versation. 

Q. Before these Gentlemen were introduced by you to 
him, did he not say that he was exhausted by his journey, 
and unwilling to see tbem, unless he could have some 
person present ? 

A. He did ; he said he was very unwell, and exhausted 
by his journey, 

Q. And desired not to see them, unless some person was 
present with them? 

A, Yes, I think he did say something of that kind, that 
be was very faint with his journey. 



229 

Q. But nevertheless you introduced them to him that 
evening ? 

j4. They were in the room with him, they came into the 
room with him ; that was at the time that Mr. Wakefield 
was in the room, I helieve, 

Mr. Park. That he was very unwell, and would -not 
answer unless some person was with him ? 

Lord Elknborough. Did he say that he was unwilling to 
answer, without liaving some friend present i 

A. I do not recollect that ; but he said he was very 
unwell, and exhausted with the journey* 

Mr. Park. Nevertheless a long conversation did take 
place, did it ? 

A* I believe Mr. Wakefield was there about ten minutes 
or a quarter of an hour, not more than that. 

Reexamined by Mr. Gumey. 

Q. Did you put your marks upon these things before 
you went to Holland ? 
A. Yes, I did. 

Mr. Joseph Fearn called again ; 
Examined by Mr. Gumey. 
Q. Be so good as to look at that check dated the loth 
of February 1814 [shevsing it to the Witness] did you give 
that check to Mr. Butt ? 

A. I did on the day of its date, the loth of February. 

Mr. Joseph Brumfield sworn ; 
Examined by Mr. Gurney. 

Q. Are you the clerk that paid the check on the 10th 
of February ? 
A. I am not. 
Q. Is Mr. Evi^ns here ? 
A. I believe not ; I have not seen him. 

P3 



330 

Mr. WiUiam Smallbonc called again ; 
Examined by Mr. Gurney, 

Q. On the igtb of February 1814, did yoa draw that 
check [shewing it to the JViiness] i 

A. Yes. 

Q. For whom ? 

A. For Lord Cochrane. 

Q. Did yoQ give it to Lord Cochrane? 

A. I did. 

Q. For Lord Cochrane ? 
• A. Yes. 

Q. To pay for gains upon the stock account? 

A. Not gains exactly^ but upon the stock account, 

Q. To whom personally did you give it? 

A. To Lord Cochrane. 

Cr(^ examined by Mr. Serjeant Best.^ 

Q. Was Mr. Butt in the office at the time i 

A. Yes, £ think he was. 

Q. Do you recollect whether you gave it into the bands 
of Lord Cochrane or Mr. Butt? 

A. 1 think into the hand of Lord Cochrane; I feel 
satisfied in my mind that I gave it to Lord Cochrane and 
not to Mr. Butt. 

Q. If you gave it to Lord Cochrane, did you see Lord 
Cochrane hand it over to Mr. Butt? 

A. No, I cannot say that I did. 

Q. Have you no recollection one way or the other? 

A. No. 

Q. Nor is your recollection very distinct whether you 
gave it to one or the other ? 

A. I have no reason to think I gave it to Mr. Butt. 

Q. Mr. Butt frequently acted for Lord Cochrane i 

A. Not with me. 



231 

Tuord EUenbarough. Do you believe you gave it to Lord 
Cochrane ? 

J. I dOj but I am not certain whether I laid it before 
him upon the table, or gave it into his hand; - 

Lord Ellenborot^lu You presented it to bim^ and gave 
it into his reach^ so that he might take it ? 

A. Yes. 

A Juryman^ You charged him with it in account? 

A, Yes, I did. 

[The check on Messrs. Jones^ Loyd S^ Company, dated 
the loth of February \8i4, for the sum of £.4jo. 195. 4rf. 
was readJ] 

Edward Wharmby sworn ; 

Examined by Mr, Gumey. 
Q, Are you clerk to Jooes> Loyd & Company F 
A. Yes. 

Q. Look at that check [handing k to the Witness] did 
you pay that check ? 
A.Ye%, I did. 
Q. On what day ? 
A. Oq the 19th of February. 
Q. in what Bank notes did you pay it? 
^. In one of o£'. 200. 

Mr. Serjeant Best. From what are you speaking, 
A. I have a copy of the notes. 
Q. Is the book here ? 
A. No. 

Mr. Gurney. You were directed to bring the books with 
you^ — ^you must go and fetch them. 

Benjamin Lance sworn ; 
Examined by Mr. Gurney. 

Q. On the 26th of February did you give that check to 
Mr. Butt? 

P4 



^2 

' A. Yei, I did . [The check ncas handed i//.] 
Mr. Gurncjf. Perhaps, my Lord, I had better wait till tbe 

witness brings the books ; I am extremely sorry for the 

loss of time ? 

Lord ElUnborough. It will be more clear. 

Mr. Gurney. I have a little more evidence to give under 

this head, if your Lordship will allow me to give thatnow^ 

the letter which I opened, offering Mr. M'Rae's discovery. 

Mr. Joseph Fearn called again; 
Examined bj/ Mr. Gurnejf. 

Q. Look at that letter, [shewing a letter to the witness,'] 
do you believe that to be Mr. Cochrane Johnstone's band- 
writing? 

J. I do. 

Q. Do you believe that also to be Mr. Cochrane John- 
stone's hand-writing ? 

J. Yes, I believe that also to be the same that is dated 
the i8ih of April. 

[The letters were delivered in, and read as follow ;] 

" To the Chairman of the Comroillee, 

'* Slock Exchange, No. 18, Great Cumberland-street, 

12th April 1814. 
'' Sir, 

*' I have this moment received a letter, of which the 
enclosed 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 under>tand, that Mr. M'Rae, is willing to 
disclose the names of the Principals concerned in the 
late hoax^ on being paid the sum of «f. 10,000. to be de- 
posited in some bunker's hands, in the names of two 
persons, to be nominated by himself, and to be paid to 
bim on the conviction of the offenders. 



I am happy to say^ that there seems ndw a rensooable 
prospect of discovering the authors of the late hoax^ and 
I cannot evince my anxious wish to promote snch dis- 
covery^ more than by assuring you that I am ready to 
contribute liberally towards the above sum of lo^ooo/. 
and I rest assured^ that you will eagerly avail yourselves of. 
this opportunity, to effect the proposed discovery (an 
object you profess to have so much at heart) by concurring 
with me in such contribution. 

I have the honour to be. Sir, 
Your obedient humble servant^ 
(Signed) A. Cochrane Johnstone." 

[The inchsure was read as follows :'\ 

**Sir, *'Aprili2tb. 

^' 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 2isL of Febru- 
*ryi provided you accede to the terms which my friend will 
lay before you. 

I am. Sir, 
Your obedient Servant, 
To the honourable, J. M'Raer 

Cochrane Johnstone. 

*' No. i8. Great CumberlanJ-slreet, 

*' Sir, i8th April 1814. 

'' 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 io,ooq/. required by 



234 

Mr. M'Rae; tbe bewer waits your an«w«r, wbicfa^ to 
preyent any mistake, I hope you will find time to commit 

^ »"^'»8- I am, Sir, 

/ Your obedient servant. 

To Mr. Charles Laurence, J. Cochrane Johnstone.* 

Chairman of the Committee 
of the Slock Exchange. 

[Mr. Gumty to Mr. FeamJl 

Q. Look at the address of that letter [shewing a letter to 
the witness] is that address Mr. Cochrane Johnstone's 
hand-writing ? 

A. I believe it to be so. 

[The letter was read as follows.'] 
To the Committee of the Stock Exchange. 

No. 18, Great Cumberland-street, 
14 March 1814. 
As the report of the Stock Exchange Committee con- 
veys an idea to the public, that they estimated delin- 
quency by the enormous profits which accrued to Lord 
Cochrane, Mr. Butt, and myself, on the sale of Stock upon 
the 21st day of February, and as the public prints have 
estimated the gains, some at 100,000/. others at 
75,000/. and none under 30,000/. I pledge myself to 
prove that the whole profits are as follow ; viz. 
Lord Cochrane ----,£. 1,700. 

Mr. Butt ------ 1,300. 

Mr. Cochrane Johnstone - 3^500. 
If the Committee had acted impartially, they would 
have published a statement of all the purchases and sales 
effected by every broker on that day, with the names of 
the parties, that the Public might have drawn their con- 
clusioos. To obviate this omission on the part of the Com- 
imttec, I am preparing for the press a correct statement of 



235 

itt 6uiB» bought for the parties before-iiienliooed> together 
with the names of those from whom the Stock was pro* 
cured^ and to whom sold; whereby it will be seen, n^ ho 
were the purchasers at aix earlj hour on the 21st day 
of February. 

A, Cochrane Johnstone.** 

Charles Laurence^ Bsq. 
Chairman of the Committee of the Stock Exchange. 

Mr. Gurney. I apply that to the memorandum I before 
read, by which it appears that he states his own gains ^nd 
Mr. Butt's to be «£. 4,800. subtracting Lord Cochrane's j 
the whole is £. 6,500. 

Edtpard Wharmby called again ; 
Examined by Mr. Gtirney. 

Q. On what day in February did jou pay that check' 
Ithewing it to the wilne$Sk'] 

ut. The iglh of February. 

Mr. Serjeant Best. Is that entry ia the book your own 
hand-writing? 

J. It is. 

Mr. Gurney. In what Bank notes did you pay it ? 

A. In one of two hundred pounds. No. 634. 

Q. What otlier notes i 

A. Two, of one hundred pounds each. 

Q. What are the numbers i 

A. 18,468 is one of them, and the other 16,601. 

Q. Was there a £. 50. ? 

A. Yes, No. 7,375. 

Mr. Gurney. It is not necessary to mention the Otber, 
because I do not trace it. 

Cross-Examined by Mr. Serjeant Bed. 

Q. You do not know to whom you paid that? 
A. Ho, I do not* 



236 

Lord Ellenborough. You paid it to the bearer of that 
check for £. 470, in discharge of that check ? 
A, Yes, I did. 

Mr, Thomas Parker sworn ; 
Examitud by Mr. Gumey. 

Q. You are a coal-merchant ? 

A. Yes. 

Q. Does Lord Cochrane deal with you ? 

A. He did. 

Q. Did you receive from him in payment a bank 
Aote of fifty pounds. 

A. To the best of my recollection I did. 

Q, On what day ? 

A, I do not exactly know the day ; but some time in 
the beginning of March I think, or probably in the 
end of February. 

A Bank Clerk produced the £. 50. note No. 7,375. 

Q. Did Lord Cochrane make that payment to you 
in that bank note ? 

A. Yes, I believe he did. 

Mr. Serjeant Best. Is that your own memorandum ? 

A. Yes; I write on the back of the notes, and that 
is my hand-writing. 

Benjamin Lance called again ; 
Examined by Mr. Gumey. 

Q. On the 24th of February, did you go to the Bank 
to exchange any bank notes for smaller notes? 

yl. I did. 

Q. By whose desire did you go? 

A. Mr. Butt's. 

Q. Are those the two notes you received from him to 
exchange ? [shewing the witness the txco notes for £: 100. 
each, produced by the bank clerk.] 



237 

A. They are. 

Lord Ellcnborough. Have jou seen those £. loo. noies, 
vrhich you carried to the Bank to exchange for smaller 
n6tesf 

A. I have this moment. 

Mr. Gurncy. What did you receive iji exchange for 
tiiemf 

A, I received two hundred notes for one pound each. 

(2. What did you do with those notes i 

A. I gave them to Mr. Butt. 

Cross-examined by Mr. Scarlett. 

Q. Have you any connexion with Mr. Smallbone. 

A, Yes, I am with Mr. Smallbone. 

Q. Do you remember at any time, on the 15th of 
February, Mr. Butt lending Lord Cochrane two hundred 
pounds, in order to make up. a sum that he had to pay? 

A. Yes. 

Q. On the 15th of February ? 

A. Yes, it might be on the 15th of February. 

Q. Do you remember going with that check [shewing it 
to the witness"] which was afterwards given by Mr. Small- 
bone, to get the money ? 

A. Yes, that check for <£. 470. 19J. 4 J. 

Q. That bears date the 19th of February? 

A. Yes. 

Q. You were the person who took that to the banker's, 
to get the money for it ? 

A. Exactly so. 

Q. You say you know Mr. Butt did lend Lord Cochrane 
two hundred pounds ? 

^. So I understood; I did not see him lend it. 

Mr. Gurney. He does not know that it was lent ? 

Mr, Scarlett. How do you know that it was lent ? 

^. Only by Mr. Butt saying so. 



538 

Lord Elknborcugh. At what time ? 
^. The 15th of Fcbraaty. 
Lord EUenbarough. This check is dated the 19th t 
Mr. Scarlett. You received in payment for that chtck^ 
two notes of <£.ioo. each i 
A. Yes, I did. 

Ct. What did yon do with those two ootes of lo^l* 
each f 

A^ I gave them to Lord Cochrane. 

Q. That was on the I9tb of February ? 

A> Yes, it was. 

Q. Were you present when Lord Cochrane paid those 
notes back to Mr. Buttf 

A. I was not. 

Q. Though you were not present when those notes were 
given by him to Mr. Biitt^ do yon know that those notes 
were in Mr. Butt's hands afterwards? 

A. I know of receiving them from him. 

Q. Though you paid them to Lord Cochrane upon the 
19th, did you not afterwards receive them from Mr. B«tt? 

A. I received the two «£. 100. notes I have now looked at 
from Mr. Butt. 

Ct. It was by Mr. Butt's desire you changed them fot 
small notes at thfe Bank i 

A. Yes. 

Q. That you say was the 24th of February ? 

Jm,% 1 es. 

Q. For Mr. Butt ? 

A. Yes. 

Q. Was Lord Cochrane in the city at that time ? 

A. Not that I know of. 

Q. Do you know on the isth of February of «Ay loan 
made by Mr. Smallbone to Lord Cochrane? 

A. Yes, I do. 

JIfr. Gumey. Do you know that of your own know* 
ledge, or how do you know that i 



239 

A^ I know that of my own knowledge* 

Mr. Scarktt. I believe yoa know that my Lord hmi a 
certain sum to make up to pay what be owed at tbat 
time? 

J. He had. 

Q. How much was that amount i 

A. I am not prepared to tell you the exact amount. 

Q. Was it between six and seven hundred pounds f 

A. More than that. 

Q. Do not you know that he was without the money in 
the City, to make it up at that time \ 

A. He was, 

Q. How much did he borrow of Mr. Smallbone ? 

A* I cannot say exactly. 

Q. Was it i:. 450.? 
- A. £. 450. I think, was advanced by me as clerk to 
Mr. Smallbone. 

Lord Ellejiborough. In all £. 450. 

A: In all £. 450. 

Q. £.250. m these bank notes ? 

A. No, £, 450. besides these bank notes. 

Lord EUenborovgh. The £, 450. is to be added to these 
bank notes ? 

Mr. Scarlett, The witness was not present when Mr. Butt 
tent the <£. 200. I was about to shew, that besides the 
^.450. that Mr. Smallbone lent. Lord Cochrane wanted 
£. 200. more, and that he went out to get it. 

Lord ElUnborough. Did you see the c£.2oo. lent to Lord 
Cochrane? 

A. No. 

Q. How do you know it was lent ? 

A. Because I was told so by Lord Cochrane. 

Lord EUenhorough. Then it comes to nothing ? 

Mt. Scarktt. He knows the fact that he wanted the 
£. 200, You advanced «£.450. yourself? 



240 

A. Yes, I did. 

Lord El/enborough. In gold or bank notes ? 

A. In bank notes. 

Q. In what description of bank notes? 

A. The money was lent in fact by Mr, Sniallbone, and 
be made up the difference ; it is not usual to pay in bank 
Dotes^ and we made it up in checks ; his Lordship had left 
his money at the west end of the town. 

Mr. Scarlett. You advanced his Lordship ^£".450. ? . 

A. Yes, 

Q. Was that all that he wanted, or did he want more t 

A. No, he wanted £, 200. more. 

Lord Ellenborough. This advance must all be in paper t 

Mr. Scarlett. Yes, my Lord, it is not material to my 
purpose to shew how Mr. Butt made this advance to him. 

Lord Ellenborough. If it was a loan and you rely upon 
it as such, you must shew in what it was ? 

A. The £. 450. was in a check. 

Lord El/enborough. Then that check must be shewn. 

Mr. Scarlett. Mr. Butt was not present, was he ? 

^. Not that I know of. 

Q. At what time Lord Cochrane gave these two X. 3 00. 
notes to Mr. Butt you do not know, do you f 

A. No. 

Q. But it was not by Lord Cochrane's desire you tqoV 
them to the Bank. 

A. No; by Mr. Butt's. 

Mr. John Bilson sworn ; 
Examined by Mr, Gurney. 

Q. Look at these two £. 100. notes; on the 24th of 
February ; were those two notes of £. lOo. each brought to 
the Bank to be exchanged for one pound notes i 
. A. They were entered for payment in the Bank on that 
day. 



341 

. Q. Hate yoti ibeie t!be book in which your own entrUs 
are made, or those which are made by Mr. Northover I 

A. 1 have the book in which is my own hand-writing. 

Q* What notes did you pay this in i 

A. One pound notes. 

Q. Yon make the entries, and the other clerk ^ves 
over the notes ? 

A. Yes. 
' Q. Have you all the numbers there f 

A. Yes, I have. 

Mr. Qumey. I am sorry to trouble your Lordship with 
havinji; these numbers read ; they do not happen to be in 
sequence^ Will you go over those numbers i 

A. 27th August, No. 1,048. 

Lord EUenbarough. You had better see what you apply 
your proof to, otherwise he must go through the list. 

Mr. Gumeif. I am told these clerks have examined all 
these notes. You have looked over all these notes found 
in Mr. De Bereng^'s trunk, have you not ? 
* A. I have not looked over them to-day; we looked 
over them before the Grand Jury. 

Q. Look over that parcel, and tell me whether you paid ' 
all that parcel [handing a parcel of bank nota to tk^ 
mUneuJ] 

IThc fFitneu and Mr. Thomas Northover exammei 
the notei.'] 

A. Yes; those were paid. 

Q» There are forty-nine in number I 

A. Yes. 

Lard EUenhorough. Were all those forty-nine part of 
the two hundred pounds that were given in exchange for 
the two £. ioo. notes I 

A. They were* 

q 



24« 

A Juryman. What were tht ttawik'yt of the two £. UK»^ 
notes ^ 

4. N04 i6>6oi and No. iM^* 

Mr. Hilary Miller noom i 
Ej^aminei bjf Mr. Gurncfm 

Q. Yoa are a clerk jd the Bank i 

Q. Have you forty-aevea one pound notes that hme 
come into the bank i 

J. I have fifty-seven \iht tnlness produces t^imJ] 

Mru Curmy (to Biliom and Norii^er) Look and Mr 
whether those fifty«sevea are also part of the santa pay* 
ment i 

Miller. I believe that part of those notes were reoeind 
at another period* 

S£r. Northovir. They do not appear to arise fitom thia 
tKansoction^t . 

Mr. Gumitf. t will state to your Lordship the effect <^ 
tkis.f perb«ps;it is hardly worth pursmog ; tbey came iato 
the bank from various quarters^ and Mr. De Berenger**' 
naiBe is opoir tfatm^ but not in* bis hand«wriling. 

Jkfrw JScftoa. Here are ^oaie of them in this aoGOont. 

Lord Ellenborough. They do not appear to be evidance. ' 

Mr. Gurneif. Then I will not pursue that. 

Thoma$ Christmas sworn ; 
Examined by Mr. Gumcy. 

Q. Were you clerk to Mr. Feam, in Febrttwy last ? 
A. I was. 

CL Do youTQGoHect being sent on the ^^\ of Febraary 
to change a note fox. two hundred poaads I . 
A. Yes. 

Q. By whom were you sent f 
A. By Mr. Fearn. » . 



tt. yV^Sttt cHd 'y6tt go to obM«[e ihat dotef 

A. To Messrs. Bond So l^attebihH. 
' Q. iLook at that bank fi6M<Mo. 63^^ ii thai iMbihk 
toote which joti changecl i ^ 

A. Y6s. 

Q. What did yoo receif^ in exdhftng^ for it f 

A. Two notes of £. 100. each, 

Q. Did jroQ taike (hose two notes of ^. 100. es(ch 'to 
tiic bank ^ 

A. Ye». 

fl. For what did you change them there ? 

A, Two hundred noties of one pound each. 

^ Wfant did you db with tho^e two hutrdred note^ 
\Df one pound each ? 

u<. I gave them to Mr. l^earn^, 

ii. In wh086 presence ? 

A. Two or three gentlemen in his office. 

iQ. Who were those genttemen ? 

A. I do not recottect. 

• Q. Were Mr. Btltt Or Mr. Cochrane Johtistone there 
«ien? 

A. No, they were neither of them there then. 

Q. Did you see what Mr. Feam did with those notes V 

A. No, i did not. 

Q. Did you put yotir name u^ott the two £. loo.rfoteg^ 
before you gave them into the bank ? 
. A. I p«t Mr. Fearn's name upon them. 

[Afr,. MUhf produced two £. 100. noit*.\ 

<3w Are those the two f 
A. Yes they are. 
Q. What are their numbers f 
A. 19^462 and i9>59{^. 

Qa 



\ Mr. Jo$eph Feam called ag^itr; * ^ 
Examined by Mr. Gumey. 
Q. Oa the 24tb of February dldyoo receive fjwm 
Christmas two hoadred notes of one poand each i 
A. Yes. 

Q. To whom did you give those notes I ' 
A. To Mr. Butt. 

^ Did you see what Mr. Butt did witk tbem ? 
A. He gave them to Mr. Cochrane Johnstone* 

Mr. John Bibon and Mr. Thomas Northover called again* 

Mr. Gumey^ Did you on the 24th of Febmaiy pay 
% £. 100* Bank note No. ig^2 t 

Mr, Bihon. We paid to Fearn on that day two hundra4 
one pound notes for two notes of <£.ioo. each. 

Q. Are those the two notes for which you paid tbem, 
[thewing them to the W%tnes$\ i 

A. Those are the two notes. 

A Juryman. What are the numbevs I 

A. 19,482^ the 4th of February 1814, and I9>593 of the 

same date. 

■ tj 

Mr. Gumey. I am now goiog to put into the hands of 
the witnesses sixty-seven notes found in Mr. De Bertng^r's- 
writing desk, for him to see whether they are not pari of 
those he paid for those two £. 100. notes i , . 
{The IVitneeses compared them.^ 

Mr. Bilson. These are part of the notes we pBii la 
Fearn on the 24th of February. 
Lord Ellenborough. The whole sixty-seven i 
A. Yes. 

Mr. Joseph Fearn ; 
Cross-examined hyMr. Brougham. 
Q. When Christmas brought back these two bundled 
one pou«d notes from the bankj you say they were given 
toMr. Btttt? 



Jm» XCS* 

O. ADd you say Mr. Butt afterwards gare them to 
Mr. Cochrane Johnstone i 

A. Yes, 

Q. Did you see him give them? 

J. Yes. 

Q. Did you see Mr. Butt give him the other two 
hundred one pound notes he got from Lance f 

A. No. 

Q. You were not present then? 

A. Ko, I was not. 
^ Mr. Adolphus. We wish Mr. Wood now to produce out 
of the desk a watch^ which he found in the possession of 
If r. De Berenger. 

[Tht fFiinea produced two tvaiehef.'] 

Q. Were they both in the box when you found it f 

4* Th^y were. 

Mr. BUhop Brmnlqf smomi 
Examined bjf Mr. Adotphm, 

Q. What are you ? 
. J. A watchmaker and ^Iversmith. 

Q. Do you live at Hull? 

A. Yes. 

Q. Look at those watches that lie there; did you sell 
those watches ? 

4' No, neither of those. 

Q. Did you sell a watch to the gentleman who sit^ 
there? 

-rf. Yes. 

Q, For how much money \ 
^ A* Twenty-nine guineas and a half, if.30. IQ9* €d^ 

Q. When was that? 

^. The 4th of March. 

^ What nam^ did be pass by 2 
Q3 



A. We did not hear any name^ 

Q. How did he pay you \ 

A- In one pound Bank of England p^otci^ 

Q. Did you write any name upon them \ 

A* I put my own initral^opofi tbeqgi^ 

Q. So tha( yoa will kaovir tbem «^;aui if tfi^ «r« |ur»* 
dooed? 

-rf. Xes^ 

[Mr« Miller produced some bank notes.'] 

Mr. Adolphus (to Bromley.) Look at thote^ and aee 
whether those are part of what you reoeited? 
' A, All these notes we took of the gentleman ve sold tlie 
watch tOy on the 4th of March. 

Q. And that is the gentleman who uts tbevt B (p^hkiks^ 
to De Bermger.} 

A.YeB. 

Lord Ellenborough. What tnark have you put upon 
them to koow them again ? 

A* My own initials and the datea; it is written at Al^ 
top end of the note. 

Q, How are you enabled la say that those sereh iidteib 
are what you received from the person who bought tha^ 
watoh ? 

A. We took no other Bank of England nomon (hati 
day. 

Q. You marked them at the time yon ret^eivedthemP 

A. Yes, I received twenty in the forenoon,^ and the 
other eleven in the afternoon^ and I marked them and 
paid them, aws^ the same afternoon. ' 

Cross-examined by Mr. Park. 

Q. I understand you to say neither of those watcfcea 
found in the possesfiictR of Mr. Pe Berenger is the watpU 
you sold ? 

A. Neither of ihem. 

Q. You wrote upon all the notes Jl ' ^ ' 



.247 

A. Yes. 

Q. Those are the only seven you hav.e seensinoe > 

A. Yes. 

Mr. Gumty. You paid them all awayf 

A. We did. 

John Bikon and Thomas Norihover called again. 
Mr. Gurney, Have the goodness to look over your 
bookj and see whether those seven were part of the two 
hundred that were paid to Fearn ? 

[The fViinesies examintd them.'\ 

Mr. BUson. Those seven notes were part of the 
^property paid to Fearn on the 24th of February. 

Binjamn Lance called again ; . 
Examined by Mr. Gurney. 
Q. On the 125th of February^ did yoa give Mr. Butt 
'ft check OQ Prescott ifc Company « for £.9%, iu6d.\ 
A. On the 26th of Febraary I did. 
Q. Is that ttiei check ? \fhtwi9g it to the wiimn.l 
An That is the check. 

John Isherwood sworn ; 
Examined by Mr. Gurney* 

Q. Are yon cletk to Prescott 8c Company?, 

A* I am. 

Q. Look at that cheeky did you pay that! 

.*. Idid. 

(2. On what day i 

A. The date of it the 26th of February, I think. 

Mr. P^rfc. That is an entry in your own haad«*writiiig^ 

A. It is. 

Mr. Gtimgr* Bid yon pay a 50/. note^ 

4. Yes. 

<i4 



5i48 

CL What nqmb^r? 

J' No. 13,39©. 

Q. Did yoa pay also a ferly pound nole^ * 

J. Yes, No. 6,268. 

Q. Look at that, is that the «£.40. note i 

A. Yes, that is the note, 

Mr.Oumey. Mr. Miller, wi^l yoa produce the «£.50w 
note ? [Mr. Milkr produced it^ and it was shewn to the 
tVitnm.] 

A. This is the note. 

Mr. John Seeks sworn ; 
Examined by Mr. Gu^ney. 

Q. Look at that cancelled bank note for £. 50. did yon^ 
re^ieive that bank note in payment from any person f 

A* I gave change for it. 

Q. On what day f 

A. I cannot exactly recoHect. ^ 

Q. About when; have you any minute on diebaekof )!?• 

A- Here are some letters here that I know it byl »^ 

Q. To whom did you give change for it f ' 

A. Mr. De Berenger's servant, Smith. 

Q. The day you cann5)t exactly fix? 

A. I cannot. 

Mr. SerjeanjL Best. I submit to your Lordship, that is nio^ 
evidence, until they call Smith. 

Mr. Gurney. On referring to Mr. De Berenger^s memo- 
ra.ndum book, I find '' W. S. £.y>** which 1 consider as 
connecting itself with this. 

3(fr. Park. That book is no^ proved. 

Mr.Gumey. It is proved by being found in the trunk. ' 

Mr. Park. I object to that book being read ; that is not 
the book which was before proved ; as to that, Mr. Lavie 
gave some evidence of the band-writing bolBne the enlrjr 
was read. 



^46 

Mr. Germain Lavie caUei again ; 
Examined by Mr. Gumey. 

Q. Do jon bdieve that W bf (lie hand-writiog of Mr. JH 
!perenger i 

A. Yes I do; most cerUinly. 

* CroMt-examintd by Jlfr Park ; 

Q. I observe this is pcocil writing you have been speaking 
to; did yon ever see any writing of this person io pencil 
))efore ? 

A, Ho, never. 

Q. There is pp diflerence ii| a man^ writing with m 
pencil and witl^ a pen i . 

A. I conceive that to be written l>y Mr* Be Berenger. 

Q. It is exactly like the character of thf^t letter which 
has been give^ in evidence upon your testimony f 

A. Yes, it is the same sort of writing. 

Mr. Serjeant Best. I submit to your Lordship, still I 
mm not removed from my objection. There is first a chedc 
of ^.98. a4. 64^ jthen an attempt is made to trace £. 50. of 
that into the hands of Mr.Pe Berenger; the way in which 
that it attempted is> that a person says he gave change for 
that note of £. 50. ; — beyond that, they have produced a 
pencil memorandum, proved to be in the writing of Mr. De 
Berenger, at least there is some evidence of that; thai 
pencil memorandum is merely this, not that a particular 
bank note ; nqt that the note which came into the hand of 
the witnessj and for which he gave change, but that a hanls 
note of £. 50. was paid to W. S. It does not appear that it 
was that bank not^ and this, I submit, is qo evidence in a 
criminal case. 

Mr.Gwmey. 1 submit to your Lordship it is evidence, 
uUeai fuanium, it does not prove that Smith received that 
^ank note from De Bereoger, but that it came from Dq 
Iferenger's servant j I shall give not other evidence to bring 



f2a0 

it home lo D^ Be(eDger> aQ4 I ubinii that it is^mmsible 
evidence^ as that which is proved U» cQme so oear as the 
^hild^ the wife, or the servant. . 

Lord Ellenborough. I think it is not evidence ; it docs 
not get the length of William Smith ; hot even if it w^re to 
be taken to refer to William Smith, it does not connect it 
with this bank note, or any other means of payment. 
I cannot translate " W.S" into '^ William Smith my 
servant/* and ^'•ftjo." into ^' this i!. 50. bank ijote/* 
You do not call William Smith. 

Mr. Gurnetf. Ho, certainly not, my Lord^-^I $haU leave 
.ihat to ny karned frieods* 

Mr, Benjamin Bray sworn ; 
Examined by Mr. Gurnetf. 

Q. Where do yon live i 

A. At Sunderland. 

Qt Will you look at this £. 40. nqfte^ [themmg the wiinesa 
the nUeju$t produced,} did yoa receive tbai^.40*.MLe.ff«m 
any one ? 

J^ jProm. tbe wiater of the Bcidge Inn ^t Soad^srliind. 

Q«, Did you see Mr. De Bereoger about the .tioie of 
tbe receipt of it? 

A. I bad 3?etf him often priw tP that. 

Q. At Sunderland f 

A. Ye^ 

Q. A waiter brought it tp you ? . 

ji. Yes, with Major Burners compUmept«« 

Q. He broagbt you some message wilh.iti 

J. Y^h I gav^ him ai^ j£. 5. notes for it» and \ta:£. 1% 
aotes. . « 

Q, Bank of England notes ? 

J. Noj of the Durham Bank. 

a Did any thing pass between yoa and Mff.De Borwf « 
lyftecward^^ on Uie i^ubject of tbatnat^c . . 



151 

A^ The waiter leloroed in afeir vfiinulet afterwards^ 

(2, Did BDj thing pass afterwards between yoa and 
llr. De Berengetj pa the subject of that note \ 

A* Yesj he came shortly afterwards to tak^ his leave of 
we. 

Ijord Elknboreugh, Where did he come to i 

A. To my house. 
- Qi What shop do you keep ? x 

A. I am a druggist and agent to the Durham bank, 

Mr. Gumctf. How long had Mr. De Berenger been al 
Sunderland i 

A. I had known him there from the jib to tihe 21st of 
March. I apologized for not being able to send more 
Bank of England paper in exchange for the Dnrtiam bank 
notes; the waiter having been to request that I would sen4 
bim Bank of England papeo I gave him a message to Mr* 
Pe Bere^ger. 

Q. You made him an apology for not having sen! him 
inore bank paper in exehaoge \ 

4. Yes. 

Q. Id exchange for the note yon had at first received i 
far that note f 

A. Yes. 

Q. What did Mr, De Beienger S9J, on your making the 
apology ? 

A» I apologized for not having sent him more Bank of 
England paper^ and he acknowledged having received tha 
whole of the notes I had sent him firom the waiter. 

Q. By what iiame did Mr. De Berenger go theie. 

An Major Borne ; be gave me his name. 

Q. Is that the gentleman you bav^ been speaking oil 
(pointing to jD< Bcrti^cr.} 

4. Yes. 

Ctoss-^esamined by Mr. Rickanhon^ 

Q, How do yon kpQW that ^< 40 npte to be the ]K>te yoa 
leceivedl 



352 

jt. Bj a copy that I made at the time. 

Q. Have you get that copy with you i 

A. This is a copy of my waste book— the waste book is 
at Sunderland* 

Q. You identify it by means oF the copy which yoa 
have made from your waste-book^ which book you have 
left at Sunderland. 

A. Yes ; and also from my initials on the back of the 
note. 

Q. Made at the time ? 

A. A day or two afterwards. 

Lord EUenborough. Before you parted with it? 

A. Yes. 

Mr. Richardson. Yon are the agent of the Durham 
Bank? 

JO.* X es* 

Q. You have a great many notes passing through your 
hands? 

A. Yes. 

Lord liUenborough. Are you sure that when you made 
that memorandum, you had perfectly in your recollection 
from whom you took that note ? 

A. Yes, perfectly, 

Mr. Richardson. You did not keep this distinct from 
your other notes ? 

A. No. 

Q, You mixed it with your other notes ? 

A. Yes. 

Q. You marked it several days afterwards ? 

A. I marked it between the 31st of March and the 4tb 
of Aprilj when I remitted it. 

'Q. You put your name upon every bank note that pastt| 
through your hands? 

A* No, I do not. 

it* Why did you put your name upon thia? 



255 

A. Icannot giveaiatisFactory.aiiflv^er wbj. 

Q. Do yoa generaU y put your initials on notes that pass 
tlirough y6ur bandsy or not f 

A, Noj 1 do not. 
1 Q* How came you to do so in this ^articalar case f 

A. I have before answered that I cannot give a satis- 
iMtery reason. 

CL At Sunderland^ which is a place of great businessj 
do not a large number of. bank notes pass through your 
hands? 

, A. Yes, there do of course. 

Lord ElknborougK Did the transaction of your sending 
Durfiam notes, and hb objecting to not having more 
bank notes, fix the circumstance of the<£.4o« note more 
strongly in your memory ? 

A. I have not had another ^.40. note since that. 

Q. Nor had you at the time ? 

A. No, I had not. 

Q. Nor since? 

A. No. 

Mr. Gumey. The only remaining head of evidence that 
I have to trouble your lordship with, is with respect to a 
check for ^.56.55. paid by Mr. Fearn to Mr. Butt, and 
the produce of that. 

Jlfr. Pattesall sworn ; 
Examined iy Mr. Cumey* 

CL Are you a partner in the house of Bond 8c Com^ 
pany? 

A. lam. 

Q. Look at that check of Mr. Fearn's/did yon paf 
Ait? * 

A. I did not 
' Q. Who did pay It? 

A. Mr. Evans, a clerk of ours. 



A. Upon my word I diivdot tell. 

Mr. Gumey. He has been expressly deiiwi to bi !• 
attendance. 

Lord Eltenboro«^% ThM call hiiti upon his snbpceiM \t 
he 4^e» dot appear. 

Mr. Gurney. Just look and see whether the entry ii 
fevans's hand'-irritingt 

A. Itisfivans'sbafid-writMig. 

Thomas Evans was called on his subpizna, and did not 
appear. 

Lord Ulienborough: This entry then Will be of no b^e td 
you. 

Mr. Gurney. Ho, my Lord ; il ti^as mentioned that there 
were two Napoleons in the letter ease : Mr. Wood has 
those two Napoleons to produce. 

[Afr. Wood produced two Napoleons-'] 

iifK Gurney. Thisj^my Iioni> is the evidence pn the part 
•f the pioseotttiMi 

1 ri II r \m^miml^Smmtftmmmm^ 



JtfV. ^fjeani S4sh I wish to appriiie y^snr Lolrdsbip tbai 
1 think it will be necessary for the defendants to CiiU wit« 
ttesses. 

\ Lord Ellenborouf^. I should wish to bear jour openings 
and to get into the defendants case^ if I ban ; there ara 
several gentlemen attending as witnesses^- wko^ I find 
cannot, without the greatest public |MOD?Mienoa>.atliiid 
to-morrow. 



Mr. Park, The difficulty we feel, I am sure your. Lordship 
will feel as strongly as we do the fatigue, owing to the 
length of oar attendance here; but we will proceed if your 
Lordship desires it. 

Lord Ellenboraugh. I would wish to get into the case^ 
so as to have the exainiDation of several witnesses, upon 
whom the public business of certain offices depend, gone 
through, if possible. 

. Mr. Park. I have undergone very great fatigue^ which 
I am able to bear ; but I would submit to your Lordship 
the hardship upon parties who are charged with so very- 
serious an o£fence as this, if their case is heard at this late 
hour ; and then a fresh day is given to my learned friend . 
ta reply. 

Lord EUenborough. It will not be a fresh day when you 
will be ber« by nine o'clock^ and the sun will be up almost 
before we can adjourn ;. I will sit through it if you. jrequiiei 
it> rather than that. 



Mr.Mty. On the part of M'Rae, I shall not trouble 
your Ix>rdship with any witnesses or observation»« ^ 



\ 



856 



|fR« SERJEANT BEST. 

May it please your Lordships 

Gentlemen of the Jury^ 
I assure you I am extremely sorry on my own acconnt# 
«nd still more sorry on yoar accounti that it will be 
necessaiy for me, if I am able to do it, to take up a 
considerable portion more of your time, in the discussion 
oir this most important question ; a question, certainly, of 
great importance to the public ; a question, of great import-* 
ance to the three individuals whose interests are committed 
to my charge; for, gentlemen, upon the issue of this 
question, with reference to them, depends whether they 
•re to hold the situation in society which they have hither^ 
to held, or whether they are to be completely degraded 
and ruined. 

' Gentlemen, allusions in the course of the day have been 
made to 'that which passes at die Old Bailey ; no sentence 
that can be passed there, can be felt more by the persons 
pa whom it is passed, than a verdict of Guilty will be felt 
hj these three persons. 

Gentlemen, from the attention I have observed ev^ 
mm of you giving to the evidence, and from the accaracf 
of the notes that have been taken by the noble and learned 
lodge, I have, at this late hour, this consolation left to 
me, that whfitever I may omit, you will supply; whatever 
I shall not be able to impress upon you, in the manner it 
omf^t to be impressed upon you, will be brought to your 
coQiidenttion by his Lordship, and that that explanation 
wUk^ 1 shall £m1 myself unable to give, he will be in a 



257 

situation to give ; and with this hope, I proceed to call 
your attention to the case of these gentlemen : — My Lord 
Cochrane^ Mr. Cochrane Johnstone, and Mr. Butt; the 
interests of the other defendants being committed to much 
aUer hands. 

Gentlemen, there are very few of the introductory ob- 
servations that were made to you by my learned friend, 
which I am in a condition, or feel any disposition to dis- 
pute. I by no means dispute, that what is ctuu'ged in this 
indictment is not an offence of very considerable mag« 
nitude ; if I was satisfied that it was not an offence which 
the law of the countiy reaches, I protest to you, that 
I would not take any objection upon that score ; because 
I am quite convinced that acquittal, upon such a ground 
as that, would be an acquittal that would not. answer the 
purpose of the respectable gentlemen that I represent 
before yoa. 

Gentlemen, I have observed some of my learned friends 
asking questions, which seemed calculated to obtain an* 
swers on which some legal objection might be founded. I 
hope you will recollect, that I have never asked any such 
questions ; on the contrary, I have avoided looking at the 
indictment, l^t I should see any thing that should forc^ 
an objection upon me, and prevent this case from being 
decided upon its merits. 

Gentlemen, I certainly do admit, that it is a crime, and 
atarime of a great magnitude, for any person, by means'of 
tile circulation of ialse news, to attempt to raise the prici 
of the public funds ; in consequence of which, individuala 
wlio are fair purchasers of such funds, are compelled . 
to pay more than the srock they purchase is fairly worth. 
Ibope, whoever were the authors of this, whidi has beea 
ealledj and im|m>perly called, a hoax, willfufler for their 
oienee; but when we are reminded, that certain persoM 
havetufiered by it, I moit say, that the fair purcfaaaait wli» 



'y 



t69 

fcftyeauSNKdy^ro l^ot few ia cowpaMan. ta tbose^wtia 9X9 
objects oi no CQmpassioD> namely, the gai»bl^£ft ^h^ u^ 
ieaded at tbe Stock Exchange. upou tbu occa«iq;», 
. .G^eutlemen^ I admit 9l3Q>. tli^t wbiQbLb^bfiCA silfiXfA by 
my learned friends, that it is not necessary, for.ibe puvpp^r 
of bringing l¥>me tbe criine of conspiracy to ;iay wcUvidual 
ivbp may be charged witb it, that you^bPAild citU a p^jssim 
«ho wi^ present at any of th« coQ«ilt«ti[9jns — shei«r tht 
casting of the dUTerent parts of those who we^e totai^t iji^ ij^ie 
drama, and point ovt distinctly who Utiose were; YflM> vr^n^ 
tt> perform, and how afterwards tbey fa^^ve perfotip^ ibciy^ 
parts. I admit that all tbis is not nacessmy to hfi proved : 
conspiracy, like every other offiei^ce, ms\y be biongbt hopae 
by circumstantial prpof. Indeed^ oiroumslw^l pi:^ 
b, in many oasesi more sati$facu>ry tbaii tb^t which i^ 
direct and positive, because it is £ree &om the :$uspi«ioi^ of 
falsehood. But I deny, upon this occasion, tha^ there are 
any circumstances tliat bring home the criiT^e qC cpaspi- 
racy to any of the three persons whom I represent. Aik 
thai ia pcofjed may be true, and yet Uie diefendaiU^ o^ay b^ 
innocent. The citcumfttantial evideooe tha^. alpnie oaa 
warrafit Wttvactioo^ it dae proof of agich fiKSits aa cQuld mh 
bftve happened bad tbe accused beea inoocfn^ . . 

- Qentlemen, whether M/« De Bereager be tbe, Colpnel I>i« 
Bourg who pretended to bring the inews ffpfa f rapp«v gfi 
iot, it is not &r me U> diacus^i ; 1 shall leate thai- question 
10 my learntsd fiiend Miu Park, who is compel for Mr. ^q 
Serenger, aad who, I bppe, will be able to.sati^^ yoc^ 
Ibai Mr, J)e Becenger is npt that Coloael ]>» ft9pi:s; i£ 
ie is »9t tbit Colonel Bu Kourg, then, thene is d^ evin 
denee against eitbiarof tl^e parties I refffesisAt. But.adiiiitr, 
tisg, fiMT the purpose of my presenting.. the. oa^e^ V' yoi^ 
vbioh I am called upon to. support, iihat De Berenger. i% 
Aat Pu Bourg, still it ia anothec queitioo» whether eitbi^) 
ei^tbefw$jk£mdfiQto .were jQoni;ecied with I)e/BerffigiVii;«Adi 
I do, notwithstanding what baa been stated to you by my 



tS9 

learatd fxmii, dmt lieiras perfectly certaiii that he slioulcl 
brtng; home the guilt charged bjr this indictment to all the 
defiendanti* submit moit confidently^ that there is no evi- 
dence agasnitcither of my clients. 

Gentlemen^ it is extremely difficulty amidst sudi a mass 
•f evidence as has been laid before yon, to bring one'« 
attention, o^ to call yoor attention immediately to the evi- 
dence that applied to any particular person. I will take 
the three case^in the order in which they stand upon this 
indictment ; and the first of those three for whom I am 
GODcemedy is my Lord Cochrane. 

NoWy gendempUy let us examine the evidence that is 
ofiered to you, to prove that he is connected with this con- 
tpiracy. It consists in this, that my Lord Cochrane did, 
on the 21 St of February, sell <£. 139,000 Omnium; and 
further, that Mr. De Berenger was, on the morning of die 
list of February, at the house of Lord Cochrane. Gentle- 
men, as fkr as I can collect, from the attention I have been 
Me to give to the evidence, I have stated the utmost effect 
of the evidence against my Lord Cochrane ; for, gentle* 
men, though it was suggested by my learned friend, M f. 
Gumey, that he should trace some of the notes which wer^ 
found in the desk of Mr. De Berenger into the hands of my 
Lord Cochrane, I beg to state, that there is not one single 
note traced into the hands of my Lord Cochrane. I admit 
that there are notes found in the chest of De Berenger, traced 
into the hands of the odier two defendants ; but I believe I 
riiall be able, by and by, satisfaclSorily to shew you hoir 
diese notes came from the hands 6f one of the defi^dants 
mto the hands of De Berenger, and to -prove that they 
came into the hands- of De Berenger, under circumstance 
altogether unconnected with that which is the subject of 
your enquiry ; but' I am, Ibr the present, only considefing 
the case of Lord Cochrane ; and I would beg the favour <^ 
hoM LoKdabip now t6 refer to his notes, and I am persuaded 

R fl 



260 

bis Lordship will go along with me in the obflenra^om- } 
am making, that there it no evidence whatever to bring 
home aoy one of the notes to my Lord Cochiaoe. ' 

Gentlemen, the only, part of the • evidence which hat 
the least tendency to connect my Lord Cochrane, by 
means of the notes, with Mr. DeBerenger, is the evidence 
that was given by a person of the name of Lanoe; them 
is not one other witness that attempts to state, that a tingle 
note traced from the hands of Lord .Cochrane, ever was 
found in the hands of Mr. De Beienger; now, if you wiH 
have the goodness to attend to Lance's evidence, you will 
find that there were for a time .put into the hands of Lord 
Cochrane two <£.ioo notes, which were afterwards found 
at the Bank, and in exchange for which two hundred one 
pound notes were given to the person changing them, and 
that a considerable quantity of those £. i notes have 
certainly been proved to be found in the chest of Mr. Dt 
'Berenger; but permit me to state, that though those two 
^. lOo notes, by which one hundred £.i notea.wcrt 
afterwards produced, are for a short space of time shewn 
to be in the hands of Lord Cochrane, that the same witness 
tells you, that those ,£.100 notes were got back from my 
Lord Cochrane again, before they, were exchanged at the 
Bank: for he tells you, that he carried those two <£.ioe 
notes to the Bank /or Mr, Butt* Gentlemen, my learned 
iriend, who cross-examined Mr. Lance, certainly could not 
get from him that he was present at the time when ray 
Lord Cochrane paid those two notes into .the hands of 
Mr. Buit; but it is perfectly clear, from that whidi he 
subsequently stated, that at some period before they foand 
their way into the Bank^ and before they can fiiniish any 
means of proof against the parties, they must have been 
returned to Butt^s ; these notes might have been in the 
hands of any one of you, gentlemen ; but the question: it^ 
on whose account the two hundred £. 1 notes wsxe tei 
ceived froin the Bank, for it is these small notes whidi 



261 

Wtf Afone connect flie party with Mr.,De Berenger. Now, 
I sayi Mr. hkace; in ap^rt of his evidence, stated, ' that 
thougb he was not present at the time Lord Cochrane 
feturnctf the two'<£. loo notes' to I^utt, yet that he after- 
wards received those notes, not from the hands of Lord 
Ooefarttie, btrt from "th^ hands of Mr. Butt; for Mr. Butt 
' h^ went to the'Bank ; for Mr. Butt he got the two hundred 
if. 1- notes; and iJiose two himdred £.1 notes he delivered 
back into the hands of Mr. Butt. Gentlemen, I am sure 
fcerefore, that if I hate' made myself understood upon 
dlis part of the case, 1 have completely released Lord 
Cochrane from the effect of this evidence, for tliough the 
two hirge notes were'once in his hands, these notes were 
never in the hands *of De Berenger. The notes found on 
him were the small notes given in exchange for them at 
tfie Bank, and these were given to Mr. Butt, and not Lord 
Cochrane. It is perfectly clear, therefore, that though 
tfiese had been in the hands of Lord Cochrane, from the 
money transactions taking place between them every day, 
it was Mr. Butt that was the possessor of those notes, at 
the time Ae £. i notes were obtained for them ; I am 
satisfied, dierefore, you will see that this evidence does 
not connect Mr. De Berenger with Lord Cochrane. I am 
^ite confident, therefore, that I am right, when I state to 
you, that my learned friend's attempt to draw an unfavour- 
able inference from tlie circumstance of De Berenger 
being in possession of notes which once belonged to Lord 
Cochrane, is completely answered ; and then I state again, 
that tlie only points which remain for yoiir consideration, 
witfl respect to Lord Cochrane, are, first ; the large sale of 
stock on the 21st of February; and, next, De Berenger 
being at his house' on that day ; with respect to 'the last 
drcumstance, that is proved only by Lord Cochrane's 
affidavit,' and I think I shall shew that Lord Cochrane, in 
ihat affidavit, completely explains that circumstance. 

R3 



OftDtlemen^ with respecA to the ki^f fftlif oa th« 9iit of 
Pebruary, I do not think the Coamuttee of tbo StpclF 
Exchange have conducted themselves qi^jfie ijuAy in » 
criminal case; because, in a criminal oaae» it is not fit 14 
take up a piece of evidence just exactly at that point 
where it will suit the purpo&e of tboae who o0er it, kesp^ 
ing back other evidence which tbej- know if oatrcipe^y 
important, which they must know is ca)c«lated to do a,p9g 
the effect of that which they offer. JMow» geaU^mciv fiv 
the purpose of implicating hofd Cochrap^ the Stodf 
Exchange have instructed my leaned friei^ l4>^«Cimme]b 
to state, and Mr. Gurney did, in pursoai^ce of hif iostn^c* 
tions, state most expressly,^ that JLocd Copbume bogsn bif 
Stock Exchange speculations ahoiH one wef^ befqr^ tl^ 
it 1 St of February; and, till I cross-eiMuniaed Mc FefffUi 
you must necessarily bav^e understood, as. w^U from tbs 
statement of counsel, as from the evidence ^at bas, beeil 
offered, that Lord Cochrane, about six or seven days oi^ly 
antecedent to the list, of February, ^ad purcba^ the 
whole of the <£. 139,000 that wi^ sold out on tbatd^^; 
that his lordship had never speculated ii^ the funds b^ore, 
and, therefore, that all his purcha^s ^ust h^aye beep, mad.e 
in order that he might have ^o a^ck stpck to. s^- at. this 
particular time. But, gentlemen^ it toj^s Qut that Lordi 
Cochrane had been deeply speculating ifi tb^ Sv^ £xn 
change for several months bel'ore« and so the iqfefenci^. 
that be purchased this stock with a view to the evf^t tha{} 
happened on the 21st of February, is rebuttiedj tha^ ^iOxd^ 
Cochrane did not first begin to buy tbis.«£.i^ooo mf^^J* 
fi>r the purpose qf selling on the 9,1 st of Fel^uarj^.ia nopsj^ 
clearly proved by the testimony of Fea^^and of Hirhero» 
who say, ' that so early as the month. oC Noveqil)er pi?s- 
ceding Lord Cochrane had bought very largely^ a|Ml«had. 
sold very largely; and that be continued to l)uy and. to. 
sell, down to tlxe very period of the lll#U(4e;^)tHt(j)lMrei^ 



ttUifripiMhliy ^mfyrt, when the^^kice kUW be^ 
ybtt/ that you catt collfe<jt, ni^tdy ftofc *e cifcmnstdnci^ 
of his scMmg so larg6 a «u*h kn £i tjt^jobd on the fiist off 
"F^Brwai^, thfet h^ wasr ^iJty of k ^nspii-acy to occasbri 
a-tise ib ih^ fands on that day. The witae$s did ffot doWtd 
]^repared to state to yda, ^hiftt had teeh the extent 6f thd 
loles made* by Lord CoehraRe off ahit^cedaiit day^; but 
#hen he^tsft^i thart he sold largely, (I think I txiiay ^emtfr^fa 
*iy, that he sold nearly as mnch orirpi^vKms ddys ^bn thfc^ 
decasion); yoa will find therefwenotbmg to distingtiishth^ 
Conduct of Lord Cochmne on the aisi of February; fromf 
Ih^t Which had beeh his c6ndn<^t on many days precedent. 
• Gemlemen, I trust thertfore, ifhat in a criminal case, 
fon will think ftat the inference of criminality which i^ 
Apposed to aris^ inere?y fFom the circumstance of Ih^ 
«rie of this Iftrge quantity of stock, is rebutted by the feet- 
Fhave now brought nndei*your consideration;- but yon-will* 
have the goodness also to bear id' mmd atfother Cfr6mi>*' 
stance. 1 did eipect, when I heard the case opened with 
so much confidence against lAtA tJo^ihrane, that you 
Woifld Iiear 6f isome particular directions beinj^ given t6' 
siiKoA that day ; but, gentlemen, hrow docs that iact tam^ 
out ; no particular directions ar^ given to sell on that day; 
bnt Lord Cochrane's general directions, from thi^ first- 
moment when he became a specuhitor in srtock, w^re, th^' 
v^hcneverany event should ht^pen by i«rhicbf the stocW 
should Be rkis^d, orife per <ieht. the broTdei^ was not to* wait'' 
f&r pardcttlar directions, bnt to s^Il'; diid this la^ge^'sdb of^ 
Jf. i'39;ooo; from iWience the lAfe^nce h d#awlx; tha!^' 
Isord Cochrane necessarily knew of the bonspiracy Which 
hM taken pbce; was madi^ undei' these general direetloiis: ' 
K is also to be obst^r^Ned, that Loi'd Gobhrtuie wad nev^f - 
present in the city a sirigi^ hour during the ai«t ;• theife is^ 
nb evidence giVen tJiafli^ wai there; on tAe co^lrairy, dl ' 
tli« witteites flialFliavt Betfk- ^dtiliiii^i hKvd tbtd' yv^tt'tbiy ' 

R4 



£id not Me him Hhere ; all the stoct was therefore told oo 
thatday^ without any interference on his part; and as it 
appears beyond all question, a very considerable part of 
the stock of all these gentlemen was sold bdbre any of 
them came into the city, and without any particular direo* 
tions on the subject of the sale of it. 

Gentlemen, the sale of the stock which Lord Cochrane 
possessed, considering the circumstances under which he 
became possessed of it, and the circumstances under which 
i^t was sold, furnishes, I submit to you, no proof tliat he 
was privy to what they have called the hoax. I beg pai^ 
don of the noble and learned judge, for using this term, 
after the observation that his lordship has made upon it. 
I did not use it for the purpose of treating widi levity die 
crime contained in the indictment; but it has been so 
frequently ap{died to this crime, both before and since the^ 
prosecution was instituted, that it is difficult in the hurry, 
of speech to avoid using it. 

Geiitiemeo, another circumstance has transpired, which 
1 thiiik furnishes a strooig observation, in favour of all my. 
clients ; pamely, the practice of selling both stock and 
omnium, which the seller is not at the time of such sale 
in posse&iion of. If I«ord Cocbrane.had been privy to the. 
fraud, would he have contented himself with merely selling 
the stock that be had previously purchased Would you 
not have found him selling to every buyer that offered 
(and on the 21st of February there was no scaicity of, 
buyers at ihe advanced prices) stock and scrip in any. 
quantity ; if he had been privy to the iraud, he miust have ^ 
known that the bubble would soon burst, that the funds 
vrould fall back to their iQtmtr prices, and that by every . 
sale that h^ so made, he must be a great gainer ; yet ha 
is not iband selling the value of a shilling in this manner ; 
nothing is sold but whatiiad been previously bought, and 
lilfU pold wder general directioQs given to the hroker « 



965 
previouato the day of sale, and pcevious to tbe tinie wbe& 
the cooapiracy could have beea conceived. If his lordahip 
bad been one of the conspirators^ he must have been foand 
lo have made many more thousands of pounds by the 
.spectdations of this day^ than he either is or can be proved 
to have made hundreds. Avarice, always insatiable, which 
bad in this case impelled the defendant to hazard every 
thing that was dear and valuable to him in life, stops short 
in the hot pursuit of its object, at the very moment when 
die most abttndant means of gratification are brought 
vnthin its reach. Does not then the inference of inno- 
cence, arising from what he did not sell, although he 
might have sold much, outweigh the iniieraice of guilt, 
arising iiom what he actually did sell ; what he did on this 
day, it is not only possible but probable that he mi^t have 
done, anS yet be innocent of the conspiracy with which, 
he is charged ; what he did not do, he could not have, 
omitted to do, if he had been guilty. 

My learned friend, Mr. Gumey, has told you, that the 
circumstance of hia selling out as he did, proves his privity' 
to the conspiracy. Men who were unconscious of the » 
risk, says my learned friend, did not sell on the first risei 
in the market, but held their stock in the expectation of 
gaining still higher prices; but the defendant, • knowing 
that the falsehood of the news would soon be disooveied; 
and d»t iu effect on the funds must be of very shdrt- 
duration, sells his whole stock on the opening of the> 
market. I should have felt the force of this argument, had* 
you found Lord Cochrane on the Stock Exchange, pressing* 
his brokers to complete their sales ; but when you find . 
that his lordship was not present, and. gave no directions • 
fior immediate sales, • but that his stock was sold under t 
orders given before the fraud could have been thought of, 
I trust that you will find.it not worthy of much attention. 
If, •however, you are to decide on the guilt or innoceno0 



696 

•f hbM e^dt^fttoe frbiii the ua^B^mti of ^tie ^fntdf 
Febrnl^i yoa wifl loi^ at the #holte of hisr ccrndti^, atid 
#hM pressed to* find thtit the circwmstattce of his selfing 
jft ffO^f of hifl girilt, yoii will say, ttklkl^ the cifeaai9tiln6e 
^ hi» tiot sellffl^ more than he did, is a still strongier 
furdof of his innocenee. Mf learned fnend wilt hltve nn 
<ypportttiiti7' in* hii^ reply, of accountmg wily hrr IbfdsMf» 
4iMt his suppoisedf co-eoBsfyiratovs did not' sell moi^ ; and 
I thittk he will 6ni it a task that will tranbcend eveti ¥S$ 
powen, to accoaat for k in a maiiner compatible w^h 
thair gtiHt. 

' Gendemeo, the dniy remaning pbint relatite to LeM 
Cochrane i^this^; that on the morning of the 21st of Fe- 
¥nilify Mr. D^ Beriftnger went to the bouse of )hs loMhi^.' 
QtK&Mifeiii P^ is riiaKevial for year em^ideratibn hbw the 
SCMhr Exchaoge go€ the knowledge of that fi^et Gentle- 
Aea^ hot for my Lord Cochrane, the Stock Bx<ihange never 
would have known of fbe exibtenc^ of any such pei'son as^ 
Si BeMnger ; irat for my Lord Cochrane, it is ittipossiUe 
thaft die Stock Exciiange contd have tnstitated this prose- 
isationf lMPeaaaa< if was bf Lord Cochraae's aflMtfrit dofy 
tlMt the name of DeBei<enger was given to th^m. I ani> 
tfware my teamed fViend stated to y6u> that tike Stock 
Eflcchangie had some r^aso^i Co suspect that a Mr. ffe 
Bevtfig^r had been engaged iA it before this tfidavHi Was- 
jlabUthed ; but. Gentlemen, my teamed friettd^ has offered 
no proof of the groiiiids of such suspicion ; the only proof 
that he has offered^ u(k>nihe subject, is iSie proof which my 
Loid Cochrane*s aftidavi« fiirnished Uimwith. Now, CteiitSe- 
nlen> I have a right to say, that the mere cirbumslanee 
of'Lord' CoebraHe's introducing thb name df Mr. Be Be* 
ranger for the first ttme^ iii that affidavit is of itsdf 
sufficient to repel the inference arising from the circom^ 
stance of De Berenger's going to his house. But, gen-* 
tkmen^ Lani sate* you wiU^bear m mind the very important 



967 

jyvMkiiae tlMH wi* gtvra by Mr, Wrigbi upon ihttimAgtA 
My kam^d fVieod msif repeat agftio the obeervatioa with 
whi«h he iotroduced tbU proaeciitioQ, tbal tbbae who tm 
wicked WK^Mt always wia^ and that it^ ao happent fi«r 
^nantly, that men do acts widtout cQiMideiiiig the con* 
leqnaiices of those acts, aadthat itiaiucoQ^^queQceckf 
this want of oooaideracion Ibat mcaittality is-oftto btovght 
Ikvqw to deUaqafiorts; but it appiiani fromf Mr. Wfight's 
tastimoiiyy that Lard Cocturane wasiaUy aM^^are of tba ootk* 
•aqaeoce of the athda^it xlmt he. waa about te puiUiib< 
Mr. Wrighty the printer^ ivho ^aa oaBed for tbie {Mupose 
^ shewing thait tUa affidavit had hem printed by Lcxd 
Cochrane^ teils you, tfaac when he reoei!!^ the intmcliooB 
£tcaa Lord Gochraae to prioii the aftdavit^ Lord Q^admrna 
aaid tbis» J hate no ream» to ihmb De Berengtr tma tim 
itofi^ btU ifJm wat, i haoe givem ike. Stack. Exckaagt a sbm 
tfk Umi ^ so thaa you aee^ at dur Vety asoaaoat that hia 
kNidfifaip pvhtisbedthat affida^ia, he w^s perfectly awane o£ 
lhie.cp|ifiaqueDce of what he was about.; and he moat knenr/ 
that if the &itx>ctt Exchange coold not find out .who shia i 
Has wbotoame to htahouae^it would ha impessibia for 1 
l» reach hss Jordabij^. He most kmw that ihay ^«i« 
likely to Eemain fiic ever ignomnt.wUo tfaatpaasoai was^ 
Ue comas fQurwaid and telle them who that peraeni was^ 
iSfi^dUecttng al^ the tiaie he. makes, the diselosuK, tbatifi 
that peisoa be. guilty,. he wonld hy. the act hewaa ahoUt toi 
do deliver him over toi their jaatiee. What mast, those f^ec^ 
aona think oii Iiocd Gockrane I who after this oan^ecaiflidert 
him aa im|dieated. ia the guih o£ thisi conspiracy? thia: 
guilty opffiDi knowia^y^ and advisedlji point oat to ilieiir 
prdseouto»y the^unjy coufae by wihioktliey.oaii'UeihittiiBd^ 
dawn-; such, guilty men^ most be meq of. toe weak midea«» 
attandings to. beaoswerabie for titeir oondtiot ekher teGpdi 
or their country. In the declaration tliat Lord Cochrane: 
XMda to. l^Ifi Wright, he did that jastii:^ to. Mr^ Se 



268 

Berenger which hb knowledge of that gentlemm compelled 
htm to do ; he said he did not think hiia guilty ; hnt ii'he 
was guilty^ be was about to give him up to the pumshment 
that he justly merited. Gentlemen, there is mere of sim« 
plicity^ more of fair dealing in this bdiavioor, than wa9 
ever found connected with so much guilt as is imputed by 
the indictment that you are trying, to thia defendant. . 

Gentlemen, let us look at the affidavit itself; mylearnei 
friend indulged himself with making upon it a grMt noflft- 
her of very harsh observations. It is easy to raise svs*- 
picions ; but suspicion and conviction are different things* 
Recollect, that heforeyou can convict Lord G>chraae, yow 
must be convinced that this affidavit. is altogether £dse« 
Gentlemen, it might possibly be said, that that noble Lord, 
not reflecting on the consequences of sucb an offence at. 
that imputed to him by this indictment, might be engaged 
in it; but you must impute to Lord Cochrane a much, 
more serious offence, one for which want of consideration* 
will be no excuse, after that affidavit has been laid before 
you, or it is impossible for you to say that he can be. con-, 
victed of this conspiracy ; for it will not be forgotten by 
you, that at the close of that affidavit, my . Lord .Cochrane 
does, in the most solemn manner protest, that he is alto*« 
gether innocent of the offence which is imputed to him by 
the Stock Exchange Committee, Gentlemen^ I cannot^ 
pat that better to you than in the words of the affidavit 
kself ; after stating every thing that had taken plaoe with' 
respect to De Berenger coming to his house, his Lordship* 
says, /* Further, I do solemnly depose, tliat I had no con-> 
nexion or dealing with any one, save the above mentioned, : 
and that I did. not direcdy or indirectly, by myself, or by* 
any other, take or procure any ofttce or apartment for* 
any broker or other person for the transaction of Stock: 
affiurs." . > 

Gentlemen, it is said that this affidavit has only been 



21® 

•worn before a magiatoate; a lawyer, *like my learned 
fiiend, knows that upon an affidavit so sworn a party 
cannot be indicted for perjury ; but my learned friend will 
have a great difficulty in convincing you, that Lord 
Coehrane^ whose education has been different from that of 
my learned friend, knew that he was not liable to that 
punishment. I am persuaded that he conceived himself as 
completely amenable to the guilt of perjury, as if that 
oath had been taken in a court of justice. But is the 
temporal danger that awaits an act of this sort, the only 
thing that could prevent a person of the character and 
situation in life of this noble person, from making such an 
affidavit What reason has my learned friend given you 
to-day ? what reason can you collect from the former life 
of this noble person, (for he has been before you, and has 
lived in the view of the public), that can induce you to 
believe that he is so completely lost to all sense of that 
Khich is right and wrongs to all sense of what is due to 
himself, as to go before a magistrate to make an affidavit, 
in which he must know he was deposing to that, which at 
tiie time he was making the deposition was absolutely 
false i Gentlemen, I ask you what evidence you have upon 
which you are to find tliis noble person, not only guilty of 
a foul conspiracy, but also of the still higher crime of 
wilful and corrupt perjury ? Gentlemen, 1 am quite satis- 
fied, you will not feel that there is any evidence in this 
cause, which can weigh down the testimony which my. 
learned firiend has thought proper to put in. I say the 
oath of Lord Cochrane makes the evidence offered on the 
other side kick the beam ; that there is nothing to put in 
competition with the affidavit which my learned friend 
has himself given in evidence. 

But, gentlemen, let us look at the narrative given in the 
affidavit, and see whether there is any thing improbable 



in it. Lord CoehFaoe states^ thatfie Had gone out on (KA 
morning of the dist, with his xtntAt, not to go into the 
city, but to go to a man of the name of King, who wad 
engaged in making for him a lamp, for which he wad 
about to obtain a patent ; Js that true, or is it false f It id 
tme, according to all the evidence in the cause; there is u6 
doubt that Lord Cochrane did set out with* Mr. Cochran^ 
Johnstone, for the purpose of going towards the city. Did 
h^ go into the city ? No one witness has shewn that he didi 
On the contrary, I think it may be tak^ as admitted, that 
he never was m the city on that day. Here then this part of 
the affidavit is most unquestionably confirmed. He states^ 
that having proceeded to the house of this man, who was 
assisting him in preparing this lamp, he received a note in 
which he was desired to come home ; then he states, he 
was informed that the person who brought the note was in 
the dress of an officer; and Lord Cochrane goes on to 
state, that imagining it was some officer who had just come 
from Spain, (and probably you may know, gentlemen, that 
Lord Cochrane, who is himself serving in the navy, has ^ 
very gallant* brother at this time serving in the army in 
Spain, and witli respect to whom, I believe I shall shew 
you in evidence, that he was exceedingly ill, and was 
considered to be in very great danger), he immediately 
connected that officer with his brother in Spain, and h6 
proceeded in a hackney coach to his house, hoping fbf 
some account of his brother in Spain. 

Gentlemen^ it appears that the officer turned out to be 
Mr. Dfe Berenger. Lord Cochrane then gives you an ac- 
count of what Mr. De Berenger represented to be his object 
in coming to his lordship's house ; he says that Mr. Dri 
Berenger had previously made applications to him to take 
him out to America, for the purpose of exercising his men 
itt small arms, and that Mr. De Berenger renewed his ' 
4 



§#Fittcati94 that .mHiiing. jto ,hm to ta^e hi«i m. the 
Tf^WQt^ M^ ^ikip tCLtbje cqouBwd of which bw Lofitlafai^ 
was then appointed^ and in which he was about Do sail tp 
.AApieri^, Q^Uf (neu> i$ this tr i^e i wt hwe the evi<teiice 
i>( J^r. Af |im;> a. genUoppao. c»lie4 oii libei i#it pf the pro 
9^ltfH>Q; v^ )wfcve tfie ey44qace of «^p|h^ p^xmm, ttf 
^hom I c%WQt spe9ik iii ibe 9ame iera»9 as I do of Ms. 
Mvmjs fcf i sbftll by »nd by shew yw th^t he h mtitki 
<p 00 cr^ty whi> qertaioly^ as f$ur ^ he ype^l^ m &rQW of 
liOrdCQchrwey is ewtitl^ t^ qpnwdeif tion i Wt vh^e he 
ip^$ 9g|LiQ»t l4Qrd, C^chraAe, as I shall. 6hew.yo\i> he lis 
entid^d jl9 o^ COQ^idc^^oQj.fc^ th|kt heh^s vp^^d be will 
))n«ig 09 tjj^ ruia of I/ovd Co^hrane^ lAt OQikscqueiMtt of 
ijie reA^^l of a iQaii^ of mqney*. We have it in. evidence^ 
ttuit ^if' P^ Berepger did expect tq go to AfiiieriiQa^ voder 
,tfc» psotOQlAOP of Admirai Cochi^Q^. *a4 I^Q«d Coohraue; 
Ijhe narratioi^ in iKe affidavit is thus con&rmod. by ihifl 
^vjidepcQ s th^ a^jdavic tbeu goes on to state, d^at Mc. 
JPq Bei'^vg^r to)d i^Md QwAume, that be. had left tlie 
£^^|)g'» Be9cbi and come to Lord CofAixan^ for the purpose 
p{, go^g to America. Tl^t h^ Lord Coqhraae^ stated 
IP Oe j^^sspger, tb^t i% w^ iigpq^sjblQ for hia lordship to 
tf^kfi buQAj tbatt kh ward rpom wyas full ; b»A further, tisoi; 
I)e J^e^gpx b^pg a foreigner, hia I#ord$hip €Ou]d not 
t^ebi^i.lKithpvt the oojisent of His Mcu<»ty.'s' Goveror 
mfffit', that he migbt gp on board abip-atPortenoutb; but 
la the meantime he m^st get the peimiAsipn of His 
M«U^3^'^ ^^^^'^fi^^^t, uppn vibich liis lordship says, 0a 
B^eng^er ^d be would go to tl^e.nobIeLord>iivfaom 1 have 
tb^bPfMHir to s^ in pourt, to. getitbat peanissioo; bit 
9Sifi9kYi^ di€^ states that Da. Berenger said to bis. lord^ 
4bip» J mv»^ taice.a, gneat liberty with. you, Ibr it is 
ynpossibsle I can go. to the first Lord of the Admiralty, ja 
llie dres0 ia which I now am ; itpoii which he,. Lord 
Cochrane, not suspegliiig .diat:Mr» Pe.B^nsngcr Jad be^ 



274 
. Gentlimen, there is another circumstance job wiffiiot 
iail to observe ; it appears from this affidavit, and will 
appear from the te&timony of witnesses whom I ^ail call, 
that Lord Cochrane was sent for to his house by Mr. De 
Berenger ; now, in my humble judgment, that is an ex- 
tremely stroug circumstance to shew, that whoever was 
connected in this scheme, Mr. De Berenger could not 
have considered Lord Cochrane as privy to it. If Lord 
Cochrane was engaged in this conspiracy, what object 
could De Berenger have for sending for him back from 
the city, about half past ten in the morning ; why, if be 
Qod De Berenger had been parties to this conspiracy U> 
raise the price of stocks, Mr. De Berenger could not want 
to see Lord Cochrane ; why therefore was his Losdsbip to 
be sent for out of the city, at the very time when his 
presence in the city was essential to the consummation of 
•the fraud. This therefore shews to you, I think most clearly 
and satisfactorily, that De Berenger had sent for him on 
tiie pretence that Lord Cochrane states in his affidavit, 
and that Lord Cochrane was not informed of what was 
passing in the city, nor was in any wise privy to it. 

Gentlemen, I have stated to you, that it appears to loe 
that every part of the affidavit of Lord Cochrane is 
confirmed by the evidence which has been given by Mr* 
M array, and by all the other evidence offered in the cause ;. 
that from all of it you may collect, tliat De Berenger did 
go there under the pretence stated, and that he did notga 
there as a place at which he was to teoninate a journey 
which he had undertaken in concert with Lord Cochrane 
and others, for the purpose of raising the price of the 
funds. But knowing the evidence I have, I will not leave 
it v.pott this^ evidence, for this is a case too important to the 
'honour and character of Lord Cochrane, for me to leafe 
any thing undone which I think may possibly tend to 
produce that vetdict| which I am sure every one of y<)u 
1 



273 

%iQ by and by fed rejoiced to give ; I shrfl therefore 
adduce before you other evidence confirmatory of such 
• parts of Lord Cocbrane's affidavit as are capable of coil- 
firmatioa. Gentleinen, it has been said diat this affidavit 
is felse m this ; that it states, that Mr. De Berengcr wh^ii 
he came to Lord Cocbrane's had on a green coat, whereas 
it is proved by several witnesses that he had on a red on« ; 
but let me suppose that their account as to the colour of 
the coat is true, and that Lord Cocbrane's account is 
inc6rrect; would such a mistake, for it is impossible that 
h can be any thing but a mistake, weaken the credit dtte 
to Lord Cochrane. Men do not commit crimes, unless 
impelled to the commission of such by some strong motive ; 
what object could Lord Cochrane possibly have for stating 
that this gentleman came in one coloured coat rather than 
another? Gentlemen, 1 think I can account for the mistake; 
my Lord Cochrane made this affidavit a great many days, 
I think some weeks, after the transaction had taken place ; 
Mr. De Berenger belonged to a corps of rilfcmen io this 
country, commanded by Lord Yarmouth, and the proper 
dress of Mr. De Berenger, as a member of that corps, was 
a green uniform ; my Lord Cochrane had often seen Mr. 
De Berenger in this green uniform. His lordship, when lie 
made his affidavit, recollected the circumstance of Mr. 
De Berenger'g being dressed in a military uniFortn, bat 
there being nothragto fix on his lordship's mind the colour 
of the uniform, the sort of dress in which he had been 
accustomed to see Mr. De Berenger presented itself to his 
lordship's mind, as the dress De Berenger wore when Ms 
lordship saw him last. Gentlemen, I have now made all 
the observations that have occurred to me on this affidavit ; 
I cannot, however, take my leave of it, without again 
intrcating you to consider the circumstances under which 
it was made ; remember Mr. Wright's evidence, and ssiy 
if any thing can more strongly evmce Lord Cochjftmcfi 

S s 



276 

consdousfiess of his mnocence, thaa the publicationoPlMf 
affidavit. Gentlemeiiy you have been told, and trnlj told 
that Lord Cochrane is a public character. From the high 
station in which he was born, and the still higher jAace in 
the eyes of his countrymen to whic^ his public serrkMt 
have raised him, his lordship may, without indulging any 
blameabie vanity, one day expect to fill one of the 
proudest situations in the country. 

Is a man so circumstanced likely to commit so sordid 
a crime as that with which he is charged i No prospect of 
gain could hold out any temptation to Lord Cochrane to 
put in hazard what he now possesses. 

The public character which you have been reminded he 
possesses, would of itself repel such a charge as that which 
is made against him, though it were supported ^by ttiuch 
stronger evidence than has been offered in support of this 
indictment. 

Gentlemen, I come now to, the case of Mr. Cochrane 
Johnstone ; and with respect to him, I find that the charge 
is attempted to be made out against him upon these 
grounds ; first of all, that he was a very great speculator in 
the funds. Gentlemen, I charge again upon the Stock 
Exchange the same unfair mode of proceeding, with respect 
to Mr. Cochrane Johnstone, which they pursued in the 
case of Lord Cochrane : with respect to Mr. Cochrane 
Johnstone, they take up the case, I think, on the 8th, 
but my learned friend applied his observations principally 
to the 12 th of February. Now, gentlemen, so far from 
that being a fair statement of the transaction, it appears 
most clearly, that Mr. Cochrane Johnstone had been spe* 
culating in the funds, and speculating as desperately from 
the month of November, as be was in this month of 
February, But another thing is pressed against Mr. Coch- 
rane Johnstone, the largeness of his balance on the 2i8t 
of February^ which is stated to be i,'. 420,000 , noW| 



277 

^lebtienieii, I am astonished that the Stock Exchange- 
tfbfnild instruct my learned iriend to say any thing to you 
tfpoB diat subject, producing the account which they have 
produced ; if Mr. Cochrane Johnstone had never had so 
large a balance before, there would have been something 
ID the argument; but cast your eye up that page, and you 
niH find that Mr. Cochrane Johnstone, who is supposed to 
have been desirous of getting a quantity of stock into his 
possession, to sell on the 21st of February, had on the 14th 
if. 61 5,000; so that this gentleman, who is supposed by 
the prosecutor's case, to have meditated a fraud by the 
sale of stocit on the 21st, is found reducing his balance 
immediately before that day irom £. 61 5,000 to £, 420,000 ; 
to contrive and carry into execution such a trick as that 
which has been practised, must have taken many days. It 
certainly must have been in contemplation as early a^ the 
J 4th, how then can the prosecutors account for Mr. John- 
stone's conduct in selling between the 14th and 21st, if 
Mr. Cochrane was one of the persons who had been con- 
triving to put into his possession all the stock that he could 
purchase, for the purpose of selling it on the 21st ; this is 
10 errtirely inconsistent with what must have been the 
view of a man engaged in a transaction of this sort, that 
a view of this paper is sufficient to show that there could 
not have been such an intention ; look at tliis paper, and 
you will see what he was in the habil of selling; look at 
bis daily sales, and you will find that he began selling ; on 
the 9th that he sold £. 10,000, on the xoth £. 105,000, 
on the 11th <£. 35,000, on the. i4th £. 100,000, on the 
16th <£. 10,000, on the 17th £, 19,500, and on the 10th, 
this gentleman, who is supposed to have meditated such a 
fraud as this on the Monday following, sells out £. i8,ooo. 
li^t any man in his senses, any man not carried away with 
the feelings which agitate the Stock Exchange, in conse^ 
^nence of their having been outwitted ; for these siiarpst 

S3 



378 

who are called flats by one of the widnofiftes, dui.|K>t:|J9tot 
to be taken in by other sharps. Let any diftf^Msioiu^l^ 
man look at this paper^ and suywhethior Mr.JobDstcMM 
could bare contein plated the rise in the funds that tookr 
place on the 21st. 

Gentlemen, it is said that he made a Tory large psofit ^ 
that will not prove mucb, beeause be ^as making tkUr 
sort of profit on several occasions before. What waB the 
general habit of bis business, as to- the Stock Exchange ft 
Why, that he was content with a very smaU fio6tf 
constantly telling his brokers, that whenever H^ could 
get a profit they were to sell, and he was acling in tha 
very same way, until the day on which thifi tranaacl^uN^ 
took place. 

Gentlemen, I have also to obs^ve paitiedarly, • tliat 
though he did go into the city on tlie Moi^ay monuiig» 
he was in the habit of going every mornvig ; lie did no^ 
get there any earlier on thatdaj^' than on any previotis day, 
and so far from his being concerned in the sale of tUi 
stock, a very considerable quantity (Hichens speaks to 
<£. 50,000) had been sold before he or any one of these 
gentlemen came there ; how is it possible therefore to say^ 
from the circumstance of his being possessed of this stock, 
and selling it, that he was implicated in this transaction 4 
on the contmry, I ask you, looking at the whole of this 
evidence, ask yourselves this plain question, whethes fa^ 
was not selling on the 21st upon the same principles as he 
had been selling to an immense amoant on the preceding 
days on which sales had b^en had i 

Gentlemen, with respect to profit, I believe that will 
appear somewhat different from what it has been stated, if 
you cast up the amount of profits. We are sought to be 
charged with a fraud. Why ? because tb^se three gen*r 
tlemen ail together made a sum of «£. 10,000, which, how* 
rver, these gentlemen of the Stock Exchange have pat 



979 

#i«» hftMb upoa^ Md nobody ia hke]y to get af , as they 
tittte it ;> I believe tbe whole did Bot amouat to more thau 
^.6fO0Qf but tbe prosecutors state it at £. 10,000^ that is 
to be divided anong the three, another person taking a 
•hare too ; bat if profits have any thing to do with it, you 
will ftnd the sales made by Mr. Cochrane Johnstone aJone 
00 the 17th) produced a profit of above <£. 8,000; how^ 
Ihferefore, can you presume, merely from the circumst^ince 
dC the profiu made on the 2ist, that he v^^is connected 
with this coiis{Mr«cy i Gentlemen, he was n«ar the Stock 
Sxebuige, and if in the secret, he certainly would have 
f vailed faioMeif of the practice to which I have alluded, 
samely, selling at a favoumble moment^ stock he was not 
in the possession of; all die brokers have been examined, 
and not one of them has been able to tell vou of one sinsrle 
duUing stock sold by these gentlemen, or either of. them, 
of whioh they were not actually in the possession. It is 
impossible, if he is so rapacious a man as to engage in a 
•peonlatian to ruin his fortune and his character, to account 
for bia not taking advantage of sud) a state of things. 

Gentlemen, next to the profi.t made by Mr. Cochrane 
Johnstone, is his having been engaged to take a house for 
Mr. Fearn ; and here I was led to expect that my learned 
friend would falsify the statement made upon oatli by 
Mf* Cocjirane Jolinstone; he was to prove, that what he 
hmi sworn to, or offered to swear to, of his not having 
taken the house was untrue; it is enough for me to say, 
'tbttt that is not proved; it is an unfounded statement 
of my learned friend, proceeding fmm ^isinstructions 
which have been given to him by his clients ; but on the 
tobjeet of taking this house, my leai^ned friend uxust have 
felt the distress of his case when he prei^sed it upon you.— 
Why, gentlemen, what are you desired to find ? not that 
•these parties were generally engaged in stock-Jobbing 
Jtransactiqos; iiot diat these parti^. had conceived, aa 

S4 



280 

ititebtion of dealing for a continnance in the stoeka ; %mt 
that thej had planned a scheme by which, at one fttroke^ 
they were to cheat all persons who came to engage with 
them in the Stock Exchange ; the fraud was to be over in 
a single day; they wanted no office for that; that cottld 
be wanted only for the purpose of carrying on that sdiemc 
of stock-jobbing, which these persons began in Nov^mberi 
and have actually continued long subsequent to the 
3 1st of February ; but does it not appear that my learned 
friend is wrong in his instructions. According to the 
papers we have seen (most improperly ciroolated) a boate 
was taken for Mr. Fearn, without his knowing toy ihMg 
about it ; and Mr. Fearn found himself seated in the ottce, 
without knowing how he came there.-»— Does that turn out 
to be the fact P No ; it turns out that Mr. Bott had an 
office before, which he did not like; Mr. Cochrane Jobn-^ 
stone took another office for Mr. Butt ; Mr. Fearn came 
to look at Mr. Butt's office, liked it, and it was kept for 
him. In consequence of this, this office, which you are 
told was taken by Mr. Cochrane Johnstone for Mr. Feani, 
without his knowledge, was taken by Mr. Feani for Kim- 
self, because he found the house to be a convenient one; 
and it was suggested to him by his friends, that such a 
house would be extremely convenient to them* Upon 
this, Mr. Butt agreed to give up one of the rooms he had, 
and allowed Mr. Fearn to take possession of that room. 
Gentlemen^ there is another tiling which proves that the 
taking of this house had nothing to do with this particnlar 
day ; you find, that Mr. Fearn not only continued to pos* 
sess these rooms, sticking up his name there, but that he 
liked them so well, he has since taken the whole houae, and 
now continues to occupy it« 

Gentlemen, what is the next head of evidence pressed 
against Mr. Cochrane Johnstone i It is, that Mr. Oodwttie 
Johnstone called^ apd left a letter oq Si^turday the a6tb^ at 



£81 

file lodgitigB of Mr. De Berenger. Gentlemen, in the 
first pLace, I have to observe, that it was but very loosely 
tad unsatisfactorily proved, that Mr. Cochrane Johnstone 
was at the house of Mr. De Berenger on that day ; but 
I will admit it> for that is the best way, perhaps. I never 
have denied, that Mr. De Berenger was acquainted with 
Mr. Cochrane Johnstone; I never .denied that they were 
in the 'habit of dining together, and if they wer^, where 
was the harm of his leaving a note at the house of Mr. De 
Berenger. 

Gentlemen, I did expect, as there has been so much 
activity (an activity by the bye that has gone beyond the 
pfoper line) in seising the papers of this gentleman, that 
we should have seen the letter that Mr« Johnstone, left at 
De Beronger's ; but no such letter is produced, and al* 
though the prosecutors. have got possession of every paper 
belonging to De Berenger, not a scrap of paper has been 
produced in the handwriting of my clients; ail that is 
proved is, that Mr. Cochrane Johnstone called upon De 
Berenger, as one acquaintance would call upon another. 
Gentlemen, God forbid, that because he does so, it 
shonld be conceived that he is a party with Mr. De Be- 
renger in this- scheme, if he has been concerned in it. 

Gentlemen, the next attempt is this, and a miserable 
one it is \ all possible means have been had recourse to, 
for making it out ; for not only has Mr. Basil Cochrane's 
servant been subpoenaed by the Stock Exchange, to prove 
who are the persons dining at his house, but the females 
o^ this family have been subpoenaed to this place, and 
kept here for the purpose of proving the same facts which 
might have been admitted at any hour of the day, and not 
only subpoenaed, but that subpoena sent by a person whose 
presence was the most insulting of any one who could have 
^^01 seleeted in thip town, and who could have been 



S89 

idected for no dfaer purpose than that o£ oSeriag insdl 
tp tbe members of this family. 

; GeAtlemeDj the next circiimstaace ia this case is^ th^ 
soBse money w^ fouad in the chest of Mr. De Sieveiigeft 
iphifih certainly bad passed through ihe hand^ of Mr. Coch* 
]g$Qe Johnstone. Gentle»eii, I think yqa haTe a cluealr<m4y 
girV^H yo9> by which you can aooowiU how De Berongfut 
becaqie possessed of Mr. JohasUMie's money. Bat I d^l 
offer other evidence on this part of the ca$e ; I will shew 
most satisfactorily how that money came into Xh Beteo* 
gl&r's haads^ Yoa have had it pioved abresidyi that Mr. De 
Berenger is an extremely ingenious artist; you havse had 
it pioved, that he was engaged by Mr.Cocbrane Johnston^ 
ibr the purpose of planning a new Ranelagh, to be eall^ 
Yittoria, near Alsop's Buildings. Now, I wiU prove to 
you, by a witness I will call, that part of this money was 
paid by Mr. Cochrane Johnstone to De Berenger, for the 
plans he had drawn for Mr. Johnstone of the projected 
garden ; and the remainder was leat to Mr. De Berenger 
^ his note of band, by Mr. Johnstone. Fi£ty pounds was 
advanced in September last, when the plans of the garden 
were begun ; and £. 200 more was paid in the month of 
Febmaiy, the 25th or i26ch of February. Mr. De Ber^igfsr, 
at the time he was paid for bis plans, stated that his dis- 
frasaes were such, that though what be had received was 
ail he had fr right to ask of Mr. Cochrane Johnstone, i/i 
satiafaction ei that wbich was due to him for what he had 
done at Vittoria Gardens, yet he hoped Mr. Cochran^ 
Johnstone would advance him jf.aoo more, by wa(y of 
Joan. Mr. Cochrane Johnstone was exceedingly desirous 
ff relieving the distresses of Mr. De Berenger ; but be 
would aot do it, unless he found he would be effectually 
felieved by the proposed loan. I will prove to you, tber^« 
{pre» that he took some days tq consider of it| and 99 



Iieiiig «at^€d on that pointy he did lend De Barret 
saother £. 200 ; and this money was paid in that maimar 
to Mr. DeBereager, a»<l Mr. De Berenger hds girtti hJo 
Bote for xtj. payable in six mo&tbs^ 

Ocfttleinen^ my learned friend told 701^ diat bank^notM 
were good thivigd to trace Crimea ; certainly they are.. The 
fiadidg of the notes pvu we to give some accodBttof them*' 
\ wtU do that by the evidence I have stated ; and I havefi 
foundation bad for the proof that I afaail offer, fay die evs* 
deuce produced already in the canse* I ha^ seen the plans f 
yon abail see them ; and after you have seen them, if jjool 
are caUed upon by the evidence prodmecd in thb oanse to 
convict. De Berea^fer, which I hope you will not be, yea 
wiili lament that you are bound to convict a man whcHb yoit 
wiU &nd to be possessed of so niach ingenntty and taste* 
Yon will find that the sun paid is bat a snaD remuneraluon 
for the attention he had paid, and the akiU he had be* 
stowed, in ^ service of Mr. Cochrane Johnstone ; but 
whether he was well or ill paid ie not the qntati€in; the 
paymieQt of the money, I admit, rendats«ome empknattou 
necessary, and I will give it to ygu. 

Gentlemen, I come now to the case of Mr. Butt ; aack 
with respect to hhn the caae is very muofa like that of 
Mr. Cochrane Johnstone, therefore I shall have oceasinn to 
trouble yon with but few observations. He is found t« 
have had a large balance oq the 2 1st of February, but. he had 
ss large a one before ; he sokL on this day, but he had sohi 
as much before. He made only «£. 1,300 on that day; be 
had made much moire on otlier days ; there is not an atom 
of evidence connecting him with Mr. De Berenger; hat 
the taking of the office apfdies to him as well as to 
Mr. Cochrane Johnstone, and also the circamstaaee o£ 
some 9otes being traced into his hands. Here* gendenen, 
I have a difitculty with respect to Mr. Butt, which 1 cannot 
a^kin by evidenoe so well as I con the transactions of 



384 

Mr. Cochraae Johnstone ; but I am persuaded joo will fed 
liiat I can, by obseryation, as completely relieve him from 
the effect of those notes being in the hands of Mr. De Be* 
renger, as I have Mr. Cochrane Johnstone. I will shew: 
you, by the testimony I shall call, that this debt discharged 
to Mr. De Berengor, or the sum advanced by way of loan^ 
was principally paid in one pound notes; if so, that will 
account for the whole of these one pound notes \ and as to 
its going through the hands^ of Mr. Butt instead of Mr. 
Cochrane Johnstone, is it any thing wonderful, when you 
find him acting as a sort of agent for Mr. Cochmne John* 
stone, that they should have passed through his hands? 
But it will appear, that all the notes found in the trunk of 
Mr. De Berenger got into that trunk, either through the 
loan or payment of Mr. Cochrane Johnstone. One of the 
witnesses called fof the prosecution has proved the payment 
by Mr. Cochrane Johnstone of the sum of £. 200 ; but 
whether that rdieves him from the whole or not, are you 
to say a man is guilty of a conspiracy on sudi a ground, as 
this i I cannot call these persons for each other ; being 
joined in the indictment, I am deprived of that opportu* 
nity. I do not find fault with the prosecutors so doing ; 
but you must be content, under these circumstances, widx 
die best explanation I can offer to you, with respect to-that 
which appears against thi^ gentleman. I shall offer you 
the best evidence the nature of the case admits ; and I 
cannot do more. If direct evidence cannot be offered, you 
will not expect it, as my learned friend says on the pari of 
the prosecution, I say on the part of the defendants, and 
much more strongly. If you see my clients offer you the 
1»est evidence the nature of the case admits of, with that I 
am sure you will be content. . . 

. Gentlemen, with respect to Mr. Butt, there is not a 
tittle of evidence bringing him fnto connection with Mr. 
De Berenger j no man has proved that ever they were seen 



285 

in the same room ; no person has eter brought them inio 
connection together ; and it is merely because Mr. Butt is 
a great purchaser of stock, ' and some of Mr. Butt's 
money is found passing through the hands of Mr. Cochrane 
Johnstone into the hands of Mr. De Berenger^ that you 
are desired to find them all connected together in this 
conspiracy. 

Gentlemen, I have divided these three persons case»; 
but theret is an observation common to all the cases, 
which I feel it my duty to make to you. My learned 
friend said, he could not put them in the same room toge- 
ther; but I think if these persons were conspirators, he 
would have found no difficulty in bringing them nearer 
together than he has done. I think he might have shewn, 
that about the Stock Exchange, or at some place or 
other, they were at some time or other all acting together; 
we have eight or nine different persons, Mr. de Berenger, 
Mr. Cochrane Johnstone, Mr. Butt, Lord Cochrane, Mi-. 
Sandom, Mr. Holloway, Mr. Lyte, Mr. M^fiae, isll 
dbarged as co-conspirators; did any man ever see all 
these persons together ; between a great number of them 
there is not the least proof of connection ; you are desired 
to find a conspiracy proceeding upon this supposition, that 
all these parties were acting in concert ; and yet between 
two of the parties, there is no more connection proved to 
have existed, than there is between you and me, or you 
and any one of these parties. 

Gentlemen, this observation I should have a right to 
make on any case of a conspiracy. I should have a right 
to say, it is too dangerous to say these persons were en- 
gaged together in a conspiracy ; but, Gentlemen, permit 
me to call your attention to a particular fact proved in this 
case, which negatives the connection of my clients in this 
conspiracy; — ^you have two persons who are stated to have 
made a confession of their guilt ; one of these geatlemca 



2B6 

• 

appMrs to liaV€ (elt &e impropriety of his conduct, and in 
a moment when lie had recollected himself, and recollect^ 
the offence of which he had been gailty, had gone with a 
mind disposed to make the ftiUest compensation that lie 
eould to those whom he had injured, and to state all that he 
knew of 4ihe transaction ; he goes and he states, that having 
heard that a Mr. M'Rae was willing to give up the pef- 
ions who were parties to this conspiracy, on the payment 
of a large sum ; he considers it improper, that the Stock 
Exchange should be plundered of this large sum, by the 
extortion of Mr. M'Rae ; and therefore, to prevent their 
paying this large sum to Mr. M'Rae, he (Holloway) goes to 
ike Stock Exchange, and tells them all that Mr. M'Rae 
eould tell them ; and what does he say ; it would have 
been enough if be had not said that Mr. Cochrane John- 
itone, Lord Cochrane, Mr. Butt and himself, were con- 
nected ; but be says, in the most distinct terms, that he 
knew nothing of Lord Cochrane, Mr. Johnstone, or Mr. 
Butt. The way in which the case is put to you, is, that 
all these parties were acting altogether; if so, one of the 
actors must know who were the other persons that were 
engaged ; and Mr. Holloway, who was an actor, declares 
that he knew nothing of either Mr. Cochrane Johnstone, 
Mr. Butt, or LordCochrane ; but Ly te, who was present when 
Holloway made this declaration, does not contradict; he 
acknowledges his own guilt, and asks for mercy, but he does 
not attempt to inculpate my clients. I ask, are you against 
evidence; against the evidence offered by the prosecutors, 
for this evidence forms a part of the prosecutors case, to say 
that these penons were connected with the conspiracy. 

Gentlemen, if Mr. Holloway could, at the time he was 
disposed to make confession of his own guilt, have gone 
the length of saying, I can prove that Lord Cochrane is It 
<;oD8pirator, I can prove that Mr. Cochrane Johnstone h 
• -Guiispkator^ he woald nc^ have been here to*day Ct> 



28T 

«nswer for kis oritne; he would not only have beea petid, 
\mt most amply Yewarded, if he could bare given auy tes- 
timony by which the conviction of my clients could have 
been obtained. 

Gentlemen, tliere is another drcumstance I must take 
leave to press upon you. It seems to me that a conspiracy 
of this sort could never be carried into effect without some 
broker being concerned in it. If my clients had been con^ 
cerned, they would ceitainly have consulted some of tlie 
brokers who have been examined. It is impossible thalt 
they could have kept the secret from ^^hese brokers ; and 
yet I think it is perfectly clear that they knew nothing of it. 
It is not jMPetended by the prosecutors that they had, and 
from the fairness with which they have given their evidence, 
it 18^ but just to acquit them of any p^ffticipaiion in it. 

GentlemeD, I beg to be understood in what I am now 
about to say, as not intending to impute any thing wrong 
to Government or to the Stock Exchange ; though I think 
I siay venture to say, that what has been done as to the 
bveaking open die trunk, and the searching for these 
papers, cannot be justified by law ; for I know of no law 
that justifies the Government of the oountry, or any 
magistrate whatever, in breaking open trunks and taking 
away papers on suspicion of a misdemeanor ; yet I am no^ 
di^sed to impute blame to pubUc officers, when impelled 
by proper and adequate motives, they go a little beyond 
the strict letter of the law ; but where such powers have 
been exerted to detect guilt, if guilt had existed, it could not 
have escaped detection. There has been a degree of activity 
esEtPcised to bring home the guik to these persons, which I 
never saw on any fonner occasions; liberties have been taken 
which I never saw in a case of misdemeanor before. All De 
Berenger*s papers have been ransacked and taken from him, 
at a moment when he could have no idea that they would be 
taken, and therefore could not have destroyed or secretefl 



288 

any, and yet not a single paper is found (bnt the bank 
Botes), not a single letter; the parties to the conspiracy are 
never brought together in connection, and it does not 
appear that there has been any communication by letter. 
Here seems to be a conspiracy without any possible means 
of conspiring. I do not see how men are to conspire 
without communicating with each other, and I am not 
aware of any other modes of communication than conver* 
•ation or writing ; yet you are desired to find several persons 
guilty of a conspiracy^ without any communication having 
been proved to have been had between them, and without 
any writing of any sort having, been found. 

Gentlemen, tiiere is one other circumstance to which 
I would wish to allude ; not that it concerns my clients, foe 
I am persuaded his lordship will tell you the evidence 
given by that extraordinary man, Le Marcbaot, does not 
bear upon either of my clients, because though where 
several engage in a conspiracy, you may offer evidence 
that will affect any one of them, yet the declarations of 
one cannot affect another; now Mr. Le Marchant was 
never in the company of Lord Cochriane, he never heand 
one word that Lord Cochrane said; all that he speaks of 
are conversations with Mr. De Berenger, which may be 
evidence against Mr. De Berenger, but in point of htw or 
common sense are no evidence against Lord Codirabe; 
but I will dispose of this man for the sake of the country, 
that he may never be sent out of the country in any office. 
I will shew you that he is a man utterly unworthy of credit, 
for I will prove to you by his own letters that he comes 
forward to«day, because Lord Cochrane has refused to lend 
him money; gentlemen, I have a letter of his, in which 
he desires to have an interview with Lord Cochrane ; be 
has admitted his own hand*writing to the letters, which 
I will by and by put in. Lord Cochrane very properly gives 
po ^swer to the fitst letter desiring an interview ; on the 



269 

7th of April 1814, the first bebg on the 6th Aprils on the 
very next day, Lord Cochrane not answering him, he writes 
aQ impertiineut letter to Lord Cochrane, which you shall 
^ear read ; but Lproduce it for the purpose of introducing 
•the letter which he admits Lord Cochrane wrote to him, 
and his answer, from which I argue Lord Cochrane's 
fainocence, and this man's infamy« If Lord Cochrane had 
feh himself a guilty man, he would not have denied tb\s 
man when he suggested that be could be of use to him i|i 
this cause, but you will find from Lord Cochrane*s letter, 
he says, ^' I should have hoped, that circumstanced as I am* 
^and attacked by scoundrels of all descriptions, that a 
gentleman of your understanding might have discovered 
some better reason than that of silent contempt." 

Mr. Gurnef. My learned friend has not yet proved that 
letter. 

Mr. Serjeant Best* I proved that he liad the original in 
liis hand; this is the letter of the guilty Lord Cochrane 
to the innocent Mr. Le Marchant, in answer to the two 
applications for an interview. ^' Sir, I should have hoped, 
circumstanced as I am, and attacked by scoundrels of all 
descriptions, that a gentleman of your understanding might 
have discovered some better reason than that of silent 
contempt;'' that is, what he complains of to Lord Cochrane 
in Lis second letter, '^ to account for the delay of a few 
hours in answering a note; the more particularly as your 
note of the 6th led me to conclude, that the information 
offered to me, was meant as a mark of civility ahd atten* 
tion, and was. not on a subject in which you felt any 
personal interest." A more prudent letter than that, 
I defy any man in Lord Cochranc's situation to write. A 
guilty man catches at any twig, but Lord Cochrane does 
not answer this gentleman at first, and when pressed by a 
second letter, he tells him the reason ; it is unsafe you and 

T 



I shouM m^^tf i cMMt trast you, t ^tsxlhxtrwhd^ bjr 
scoundrels who are attempting to charge upon ttc a criiim 
of which I know I am iiinocent.* 

Gentlemen, having stated to yoti in what light thh 
letter shews Lord Cochrane, I beg to read you the last 
letter of this man, who has offered his evidence to-d«y ; 
and I will then aA you, whether upon tfie testlmohy df 
such a man as this, jrou will convitt one of the mo#t 
suspicious characters that ever was produced in aoouft 
of justice; whether you would in any cause, of eter so 
trillrng importance, give the least consideration to it. " I 
ask your lordship's pardoh of my lettfer of yesterday, ftbd^ 
^hich was written under the supposttion of being treated 
with silent contempt ;" so that this gentlemen put the tru^s 
•ccfnstructioa upon it, certainly. *' To convince you of the 
high respect I have for your lordship, I have the honour 
to enclose to you a statement of what I know relative ta 
the 2 1st February, and I also now declare solemnly, that 
no power or consideration shall evter induce tne to t*omtJ 
forward as an evidence against you, and that all I knoW 
on the subject shall be buried for ever in oblivion. Thtfs 
much I hope will convince you I am more your friend 
than an enemy, as my testimony, corroborated by the two 
officers, would be of great import, not (believe irie) th^tt 
I myself doubt in anywise your lordship's affidavit ; but Dfe 
Berenger's conversation with me, would, to your enemies be 
positive proof. As for my part, I nOw considrt all that 
man told me to be diabolically false ;" and yet he has to- 
day come forward to tell you the truth, and the whole trutlV; 
he has told you what De Berenger said, and hhsnot stetei 
"the qualification, that he did not believe One word of it. 
^^ If my conduct meets your approbation, can I ask for a 
reciprocal favour, as a temporary loan, on security being 
given; I am just appointed to a situatidn Of about 
;f.i;2oo a year/but, for the moment, ant in the greatest 



^4Utit^ wi^ ft^Bf^&toiiJy; yon tm ^vitfeout ri^k; ^ 
iaife tbe oworo tp relieve uii, md^ I believe, the will of 

• doing ^^ocl. Necessity hM (driven uie to esj: yonr lord- 
otliip.tbtt favour; wbetlier granted or aot» be assured of 

my loteping my oeth now pled^d, of $ecrecy.'* He bus 
•VJcept that oaifa, I 4are day, as weU a» he W kept this ;. be 

went and gave ioformation, and comes forward to-day |o 
'give evidence^ yau renjeoiber how he feaoe^ with the 
rmvidmce. • I ask yon, wfaetherypu heUeve, after I hWfFe 
« read diis, one word of wba^ he has said. r{ a^k you, wh^ 
, tlier this is not taking advantage of the aituaiion of U^a 
^' ^obie iord» I am sorry to see that a mm ean aet so seai^-* 

• dalons a part, wlao has the honour of being appointed 
. a atination of £. 1,200 a year ; bat I aqa quite satisfieij the 

moinent ihe Govemoient know tbifl,.that su^penaipn -^vhioh 
does exist, will be continned, and that this man i^riil nev/jsr 

/he •%e^t to the offioe to which he wa^ defitined* I ain 
quite satisfied, that when thia letter is read, yo« will ,f^i;l, 
that even as it respects Mr. De Berenger, for it is appli- 
cable only to him, his evidence can have no influence in 
any court of justice whatever, for that it comes from a 
man who, in the clearest and most unequivocal manner, 
declares himself moat infamous, and most unworthy of 
credit. 

Gentlemen, I am conscious that fatigued as I (At 
mysdf, when I rose to address you, after having been 

' thirteen or fourteen hours in court, I have very imper-fectiy 

' discharged the duty which! owed my clients ; hut, gentle- 
men, 1 hope they will not suffer, from ^lot having thisr 
ease presented to you as k xmght to 4i»ve been, Gentle»> 

'men, I do not press upon you the considerations which, 
in criminal cases, are often pressed, and with propriety 
pressed, upon jories. I do not ask you to take this case 
in a merciful point of view ; I do not press upon you the 

-eommou observation, to temper yoar juatice m&xmiffCf^ 

T « 



292 

t ftftk yov to l<M>1r at this case fairly and impartially « if tiie 
guilt of these gentlemen be made out, so that yoo, apon 
your oathSy must declare them guilty^ say so, dreadful as 
will be the consequence to all these parties ; <but unless 
their guilt is made out, if there be nothing but suspicion, 
you will not, upon your oaths, say that suspicion is coor 
tiction. 

Gentlemen, you will recollect the situations of life in 
which all these men are; they have all up to this moment 
been the best possible characters, two of them aia 
persons of very high and distinguished situations in life, 
members of a very noble family ; and with respect to one 
of them, he has reflected back on a long and noble line 
of ancestors, more glory than he has received froin them; 
and it would be the most painful moment of my life, if :I 
should to-night find that that wreath of laurel which a life 
of danger and honour has planted round his brows, should 
in a moment be blasted by your verdict. 



• Mb. park. 

May it please your Lordship; 

Gentlemen of the Jury, 
If my learned friend, at the close of his address to you, 
thought it necessary to make an . apology for the fatigue 
which he had endured in the course of this day, and duriqg 
his address to you ; it becomes much more necessary for 
me to make such an apology, when it is now sixteen hou^ 
and a half since I left my own dwelling. Gentlemen, not- 
withstanding that, I have a very serious and importai^t 
duty to discharge to the person who now sits by me, and I 
have no difficulty in calling upon you, in the mostserioi|s 
manner, fatigued and exhausted as you may be, for your 
attention; you must not peimit, I take the liberty. of say^ 
iog> as you regard the oath you have taken, you muist. ^o^ 



293 

permit that fatigue to disable you from attention to the 
statement and the evidence that are to be laid before you. 

Gentlemen, the case has become an extremely serious 
and a most important one; for the gentlemen for whom . 
my learned friend the Serjeant has addressed you^ I have 
nothing to say ; they have been well and ably defended ; 
but I am to address you on behalf of a gentleman totally 
unknown to me till this day^ when I saW him in Court. 
' He is represented to me as a gentleman of very high de-» 
scent, and though he has been unfortunate in his pecu* 
niary circumstances, he has been proved, before you to- 
day, to be man of. very considerable attainments, and of 
high and literary character ; it is therefore your duty, and 
I know it is a duty you will honestly and faithfully dis- 
charge, not to allow what my learned friend cautioned you 
well against, but immediately fell into the very same course 
himself; not to allow any thing like prejudice to bias any 
of your minds. 

Gentlemen, I am no flatterer of persons who sit in your 
place ; and I have no difficulty in telling you twelve gen* 
tlemen, that, though I have no doubt you are honorable 
men, you cannot have lived in this city, in which you are 
all merchants, for the last two months of your lives, with- 
out having every hour of the day, and at every meal at 
which you sat down, had your ears assailed by accounts of 
this transaction, and there is no one, however honourable 
he may be, who can prevent his mind being biassed by 
circumstances stated in common conversation. Genikmen, 
I only know this matter publicly ; but 1 declare one could 
hardly go into any company, where the discourse has not 
been turned upon this very circumstance we are now dis* 
cussing ; how difficult is it then for yuu to recollect, that 
you. are not to decide upon any thing you heard belbre 
you came into that box, but upon the evidence produced 
.before you« But, did my learned friend himself follow 

T3 



594 

l^t ieoiine Whicb be prescribed to you i \M \i€ eoibftrlt 
too prejudice into this matter? My learned friend will give? 
me leare to say, that I own it is quite new to me, that in 
discussing criminal matteiB, the counsel for the prosecutioni 
«re to argue it and labour it as they would sT cause between, 
party and party : - I dare say 1 hare been extremely faulty 
in that respect, but having been engaged in criminal pro*. 
•Acutions, chiefly in the service of His Majesty, I never 
thought myself at liberty so to treat criminal prosecationd^ 
I have generally acted on the opposite spheme, and mean^ 
till corrected, so to continue to act 5 but at all events, I nm 
surprised that my learned friend, with whose good nature 
in private life we are all acquainted, should have introduced 
before you, that which I say my learned friend's great 
experience in courts of justice told him, before he pro* 
Rounoed it, he had no right to read in evidence before you. 
I do not speak lightly of this ; you will remember we had 
an affidavit^ supposed to have been made- by Willian^ 
Smith, read verbatim from some pamphlet my learned 
friend had in his hand ; he knew perfectly well that it could 
ftot be given in evidence; if William Smith was called as 
a witness, undoubtedly my learned friend might ask him» 
whether he had not sworn the contrary at another time^ 
but it will be for my learned friend to explain to you^ 
under what rule it was, that he was at liberty to read such 
a document as a part of his speech, which^ by the rules cf 
law, could not be received in evidence in this place. 

Gentlemen, there was another circumstance which my 
learned friebd has introduced to prejudice this case; and 
unless I have deceived myself> or my ears have deceived 
me, I have heiird no such evidence given in the causae, A 
my learned friend stated; a stronger statement to pre>> 
judice could hardly be made in a case of this sort; but I 
iieftrd no such question put to Wood> the me8senger> and"! 
listened with all the attentiou 1 tH)uld to his e«anoin&tioii« 



'i9S 

v^l/iy kafne4 £ridn4 stated^ tliat Mr. De Berenger h9Ji 
jbe^n extreqaely anxious ip gef, back into his baads thp 
ideatlpal notes ; tbatno otber notes would serve liim ; that 
he ipust baye those nofes^ and tiiose only delivered bacl^« 
yVa^ tliis stated without any reasot\ by my learned frienc^ 
Certainly apt j it would have been, if the fact h^d cor- 
responded with the statement^ an extremely strong arg|>- 
m^nt on tl)e part of my learned friend against this gentle* 
man for whpm I am tiounseL But my learned frien^f an^ 
his l^rned coadjutors^ never pat to any witness^ at ^j^f 
one period of this cause, the question, whether Mr. De ^e- 
renger made any such application to their knowledge i anfl 
all thi^ is a gratuitous statement of my learned friend^ bi^t 
a statement that went to preji^ice, or was intended tp 
prejudice, your minds upon the subjecti and it undoub|- 
edly was very important. 

Ge9tlemen, this may have been said in places un^nowp 
to me ; it may have been said in newspapers for augh^ J 
knpw to the contrary ; but, thank God, I neyer read news- 
papers with that attention some gentlemen do, for I tl}ii^ 
it is a great waste of time. If men afe in public situation, 
they must read them 9 but I have heard no statement ifi 
^evidence of that circumstance, which my learned fiienjl 
Mr. Gurney so much relied upon, and so m«Lch reasoned 
upon in his statement to you. 

Gentlemen, it was also said, that there had been publi-* 
cations in this case; I do not know by whom those pujb|« 
^ications. have taken place. There was some evidenc;e 
jgivcn by Mr. Rixihardson, of a publication by Mr. Butt; 
that I suppose uiy learned friend has seen; I have not; 
but I do not go along with my learned friend in this ; I 
jdo ixot agree, that these are the necessary consequence of 
la.firee press ; I ha\x aJwAys been of ppinign, ^nd always 
.^ball, because ,it ia firmly rooted in my mind; th^it all pre* 
yki^ publications jQiB owf fide or the otheri .tending to ij^ 



296 ^ 

&me the minds of the Jury, who are to ^ry questions be* 
tween the King and his suhjeeu, or between party and 
party, on whatever side they may be pubiislied, are most 
jlighly and extremely improper. I think it is a disgrace^ 
-that the press of this country has engendered such an 
avidity in the public mind to have these things detailed to 
them ; that they indulge it to a degree subversive of aH 
justice. Hardly a case has happened within our own 
observation of late years, that the whole of the case has 
not been detailed before it came to trial, so that it is im- 
possible but that the minds of the jurymen (and men can- 
not divine whether they shall be jurymen or not) should 
leceive a bias upon this subject ; but it is very hard that all 
the obloquy which such publications merit, should be 
thrown upon the defendants. Did that selfKX>nstituted 
Committee of the Stock Exchange, of which 1 shall speak 
much more plainly by and by, and tell you what I think 
of that committee; did that self-*constituted Committee 
of the Stock Exchange, who have brought foiward this as 
a charge against the defendants, make no publication; 
did they not placard on the doors of their Stock Exiehange, 
the names of these gentlemen, members of the legislature, 
and persons standing so high in the country i Why did 
they set so infamous an example F I admit to follow it was 
bad ; but to set it, I insist, was much worse. 

Gentlemen, whatever biame may have attached upon 
some of the defend^ts, if they have made these publi- 
-cations, my client, Mr. De Berenger, is not implicated in 
any such transactions. Those who have published have 
only followed the example set them by the prosecutors on 
this occasion. 

Gentlemen, there are certain rules of evidence on sub- 
jdcts of this nature, with which I am sure you are in a 
great degree acquainted, but upon which you will hear 
more from his Lordship by and by. It is quite clear that 



no dedarations of one p^rty, though be may be indicted 
with liie others, can be etidence against the other defen* 
'dants, unless they be present at that declaration. My- 
learned friendy the Serjeant^ has so fully gone through the 
'general nature of the case, that it would be impertinent in 
me to do it; but I shall observe such things as occur to 
me, on the different species of proof- on the part of the 
prosecution^ and I think I shall most decidedly convince 
you, that even as the case stands, if it was not to be met 
•by the evidence by which it will be met, it would be im- 
possible for you to convict any of these parties, for whom 
my learned friend and myself are counsel. 

Gentlemen, I will presently come to tlie evidence by 
•which Mr. De Berenger is supposed to he traced from 
Dover to London ; but tlie ^reat point upon. which my 
learned friend relied, as affecting him after he came to 
•London, was the contradictory statement, as it is supposed, 
of Lord Cochrane in his affidavit. Gentlemen, first, upon 
the subject of what are called voluntary affidavits. It is 
extremely- absurd in magistrates ever to take them ; no 
man who knows the law, if he knew he was taking a mere 
'Voluntary affidavit, would swear the person before him; 
but as far as the magistrates are concerned, it is impos<^ 
flible from the nature of the thing, that they should know 
whether they are voluntary affidavits or not, for there is a 
great part of the business of magistrates which does not 
depend upon the hearing oF parties, and unless they were 
.to read every affidavit through, which would be to impose 
•a great burthen upon them, they must sometimes swear a 
parly to a voluntary affidavit. 

But, Gentlemen, let us look to Lord Codirane's situa* 
tion in this matter, l will suppose that Lord Cochrane 
knew he was not liable to the pains and penalties of per- 
jury by law ; but is Lord Cochrane so reduced in the scale 
^ society by any tiling that has yet appeared before you. 



«9e 

that yon will My he hti aot oply jouied ia^effMiitk^ tbf 
firaod in thia eonspincy charged^ \kui that lie is a pefscm 
wholly unworthy of credit^ and wboy though be m^y not 
he subjected to (lie penalties of perjury, is lost to all sense 
of duty, so that he would, because he could not be prose* 
coted at law for the perjury, put his name to « direct and 
absolute falsehood. I believe no man would say. pf lA)r4 
Cocfanme, that be bad so utterly thrown off aU regaid ta 
religion^ to the sanction of an oath, properly so called* and 
to the responsibility be stands under in conscieiicei as that 
be would go before a magisti'ate and make an. affidavit^ 
because he could, not be prosecuted. I think the soppgr 
ntion is so shocking and so dc^radatory to him as a man, 
an officer and a christian, that you will not come to that 
condiision. That Lord Cochrane is a brave man, that hie 
has served his country well, no man will deny. Doe^ 
Mr. Baily then, do the three other brokers, who demunrefl 
to the question put to them as to time bargains; do all this 
mass of people^ constituting the Stock £a&change, now 
standing within die sound of my voice, mean to say, that 
because Lord Cochrane has acted so improperly (fpr I s<> 
o^nader it) as to enter into a time-bargain, therefore he ia 
aot tx> be believed upon his oath ? If so. Gentlemen, tb^ 
Stock Exchange and its doors must be shut up for ever ; aa4 
the great men who stalk about as the self-coasjUtuted Con»- 
mittee of the Stock Exchange, m«dt not have any thing 
fo do in future, because time-bargains are theu: dfuly 
4)read; they are at that species of traffic daily, ix>ndueting 
themsdves in a manner, whether they like ii or not, I saj^ 
is most highly disgraceful. 

Gentlemen, is Lord Cochrane ttk be believed or not t 
have yoa any ground ibr saying, that thia noble I^ord b^ 
■been guilty, not of perjury in the common fifsom ^ tfai? 
-w^ord, but of perjury of a mnch higher kind, in my vie^, 
£u which he most be aocoaotid^le,. for whi«h be kMWt tm 
t 



nmst be acMwlnble, if he has bwoa tfast which fa^ k^om$ 
to be Mse, and whicih he cannot have done without being 
one of the most worthless men in the world. Gentlemeuf 
what has he said i and I beg your particular attention to itf 
because the evidence of the brokers^ will not tally with the 
•tatement at all; he has sworn that he breakfasted with bis 
uncle, Mr. Cochrane Johnstone, in Cumberland plao^ 
whidi is at a coBsiderable distance (whatever my learned 
friend m&y suppose about it) from Green-street Qrosvenor* 
ftiuwe ; it is on the other side, I believe, of the Oxfoid 
Boad, aod near the top of it. It is proved that he br^- 
fasted with him, for Crain^s evidence is, that when he se( 
down Mr. De Berenger at the dopr^ the answer was, that 
he was gone to Cumberland Place. What does Lord 
Cochjfane stiite ; tliat he went with his uncle in a bfu:kney 
coach, wtiich took him into the city at the hour of ten ij| 
the morning. I beg his lordship's particular attention t0 
that part of the affidavit. Now, Gentlemen, when is i^ 
that these time-bargains are supposed to have been made, 
m consequence of news which it is alledgedMr. De Berenget 
brought. It is sworn that they were made before eleven 
o'clock in the day. Why, Gentlemen, we are forgetting 
distances. If Lord Cochrane was set down at Snow-hill 
St ten in tlie morning, if he afterwards came back, as he 
did, to Green«^treet Grosvenor-square, being sent for by 
bis servant or Mr. De Berenger, he could not be back 
before balf>past ten or nearly eleven, and I dl^fy all mauf^ 
kind to state how be could after that have communicated 
.to the Stock Exchange, the news this gentleman was sup- 
posed to be dispersing abroad, so as to aifect the price 
of stocks* The whole of the transaction took piaoe 
before eleven in the- day, atid he was not sent far 
itom SnoK^-hill till after ten. Why, if this gentiesum 
had been a conspirator with Lord Cochrane, when 
i» heavd that Lord Cochiaae waa gow to Sd9w4mII| 



m 

he trould hare gone'^on to ?now«-hill, then ^j w6tild 
hare been neJU" the purlieus of that ploice'wh^e all this 
itiiiuny is daily transacting ; incftead of thiit Lord Cochrane 
bdmes back. It is too ridiculous* aind absurd, says* my 
learned friend, to suppose that Lord Cochrane' should be 
coming back to see an officer. I hope, gentlemen, that 
will not appear to you to be absurd under the cirdumstatices 
he has s^vom to. I can hardly conceive a motive stronger on 
the mind of a brave man and a good officer for going back^ 
than that stated by him. He was not acquainted with 
'Mr. De Berenger's hand-writing, though Mr. Cochrane 
Johnstone was. Having a brother in Spain, he expected 
that he should receive accounts of him from a brother 
officer ; is that an unnatural sensation ? I trust it will 
never be so in the bosom of any one to whom I am address* 
ing myself; it is one of the most natural that can be stated, 
und under that impression be goes back, and holds the 
conversation which has been stated. 

Gentlemen, it is stated to you by my learned friend, the 
Serjeant, and he has better means of proving these things 
than 1 have, that the grounds upon 'which thistnatter rests 
as far as Lord Cochrane is concerned^ will be fully ex* 
plained. The gentleman for whom I appear was, at that 
'time, under duress on account of debt ; and Mr. Tahourdin^ 
BOW liis attorney, was his security for that debt. He was 
a distressed man, and was desirous of going out to Sir 
'Alexander Cochrane, who had had conversation with this 
gentleman, whose bravery and whose character nobody will 
dispute; and it will be proved to you Sir Alexander Cock* 
rane had made application to the noble lord near his loi^ 
ahip, to enable him to go oot to America ; but he could not 
"go, because His Majesty's ministers thought (and I dai^ 
say most wisely) that it was not fit to give him the rank 
«which he claimed, being a foreigner by birth, though he 
had been long serving in this country with the approbation 



301 

lyf Hb MAJmtfi GovenuMot. He wss a member of tbo 
eorp of .sharp shooters^ of which Lord Yarmouth or the 
IHike of Cumberland was the colooel* He was the adjutaut 
of .thait regiment, and he had that military garb and dress 
which might^have been sworn to by Lord Cochrane in th« > 
• was^^my. If^ned friend supposes, or in consequence of the 
facts.wh.ich I have to state. I do.not know why I am placed 
. . Ijnere at 9ll» if I am to take for granted facts beoause witnesses 
liafe sworn them ; therefore I say. Lord Cochrane might 
either mistake, upon the grounds upon which. the learned 
Sesjeant has stated it; or the fact might .be,. as my learned 
fiaend has stated, that he was not the man. I know th^t 
tome of the witnesses have sworn that he was the man whom 
Ae^hackney coachman took to Lord Cocbrane'S| but whe« 
ther. be had, this uniform on which is stated^ I have no meant 
of proving from his declaration; hut I have Lord Cocb*' 
raoe's affidavit as to his wearing that which was his proper 
uoiform.. 

. ,Xben, gentlemen, upon my Lord Cochrane's affidavit jt 
atands,aud I say that a.t present there is not evidence enough 
to meet it. We have not often had the experience of that 
l^bich has been done to^^^y ; I believe- not above twice \p. 
my prpf^ssiopal life have I seen a.prosecujtor put in an 
answer in Chancery of the person who was defendant, and 
then negative that answer; but I say, there is not that 
negation of Lord Cochrane's story which can set it asrde^ 
Yqu are bound to take all that Lord Cochrane swears upon 
the subjeqt ; and he has sworn to you that Mr. De Berenger 
did not communicate to him any single fact respecting the 
stocks, but that all bis communication was with respect to 
. his then distresses. Now, geqtlemen, where is the incoa* 
sistency of that, which appears upon the evidence before 
th(S Court, and that which will be produced. If this gen- 
tleman was desirous of going out with Lord Cochr^qe in 
^t)^ ToQuanty and if he had dune that which 1 ^ifio. wtcom 



'562 

mending, diongh t shall presently A^w itii sot «» < 
as it at first appears. He had norigbt, I acknowledge, \o 
break the roles of the King's Bench, having the benefit ^f 
those rules, bat where is the great wickedness ef k ? He 
gave bail to the manhal to answer the risfc ; bnt tf he hid 
come oot of that place, (bessed as yon hear, by my Lord 
Cochrane, be had done so with a view of going imaie^ 
diately off to Portsmouth ; and when my Lord Cochnme 
could not take him, though there was no mGonsisleney 4n 
his coming in that uniform, whidh was to be naefal to him 
if he got out to America, there was a great deal of Mi* 
cnlty, at twelve or one in the day, in his returning in Aat 
garb or dress into the rules of the King's Bench prison; 

' for he had not only to walk from the piaee whence those 
rules began to the house of Davidson, but first ef al! to 
where the rules began ; and therefore, though it might b6 
imprudent in Lord Cochrane, I shall pmve that be did lend 
clothes to Mr. De Berenger, for that be returned in*the Uaek 
clothes to his lodgings, and that he had in a handle those 
clothes which he had taken out on his back. Thereappei^ 
to me nothing so absurd in the story as to induce you to 
say, that Lord Cochrane has written to the pnbbc ffaat 
which was wholly and absolutely false within his own 
knowledge, in order to deceive the public. 

Gentlemen, v/lien this person found that he could neither 

' go with Lord Cochrane, nor in any other capacity, to Sir 
Alexander Cochrane, who was then out of the kingdom, 
you will ask me, why did he then escape from ibe Rules f 
Gentlemen, I will tell you: — ^Thefactis, though he "Was 
only in duress for <£. 350; and although this gentleman who 
sits near him, who is his attorney, and will be called as a 
witness in the cause, was the principal creditor, who had 
been his surety for the Rules, he escaped from the Rules, 
under the apprehension that be should have detainers 
against him for four thousand pounds more. Ueaskedtfaia 



5DB 

'geQtIaim'pcmiineii to go out of tbe Hxilfii. I m not 
prepaited to defend the act ; bttt be was the only pei^ob who 
^as beoeficittliy inlereBted inhk Tenaining in the Rales; 
-for he and Mr. Cocfarane^ in Fleet^street, having grreti thh 
t>ai}, the marshal of the King's Bench could, of coarse, 
^C0ine upon them for the amount of l^t sum; and I will 
)pnyre id you, that he had the leante of this gentleman to 
jg^ nnd that this gentleman took the debt upon himself. 
He went to Sunderland, and afterwards to Leith ; and he 
iftent there to a^oid that which be was apprebensire of, 
<lHUn^Iy, deceution by his other credkcM^, to this very large 
4RHonnt« 

Oentleriren, when we talk of prejudice upon this subject, 
this very thing has been attempted to-day to be put upon 
'his- lordship; and you, las a mattisr of prejudice against 
Mr. De Bcrenger, namely, that Mr. Tahouidin, who was 
attorney for Mr. Cochrane Johnstone, and Mr. 'Cochrane 
Xa relation as it was supposed of this femily, or tiiere was no 
'^sensein it) werehis bat!. But, gentlemen, Mr. Broochooft 
has negatived the fact'; he -states that be did not even 
icnow Mr. Cochrane Jdhftstone. Mr. Tabourdin was a 
•ci^ditor of Mr. De Bcrenger to the amotinrt of four thoii* 
'sand pounds, but he had so good an opinion of faSmdRLt 
he consented to 'his liberating himself ; and as to the other 
. •security, Mr. Cochrane the bookseller, he is no mote ^ 
relation of the femily of Dundonaid, than I who do -not 
'tnow the persons of any of them; but he is a friend df 
' *^Mr. Tnhoufdm, whose -sister is married to Mr. White^ 
'Mr.Cochrime's partner; that is the history of the trans- 
action on which it is supposed thaft Mr. Cochrane 
Johnstonehas be^ putting in bail, because Mr. Tahourditi 
Was his attorney ; but 'it will appear that bail was put ik 
'two years ago, and that Mr. Tahourdin did not become 
"acquainted with Mr. Cochrane Johnstone till long after 
*l3iattime. ' ' , i . • ^ . 



304 

Gmdcmeti^ tibere faaTe been other t^iejodiees attedipted 
here; they are prejudices that I think could never have 
entered into the mind of any liberal man ; they must have 
entered first into the minds of the Stock Exchange Com- 
mittee^ for no gentleman could think of such a thing ; that 
which I refer to is, that which my learned friend the Serjeant 
has commented upon^ the proof of Mr. De Berenger being 
a friend of Mr. Cochrane Johnstone, from the circumstance 
of his dining with the family. Gentlemen^ is every one who 
dines there to be considered as a conspirator I they are n<>t 
a committee sitting over their bottle and hatching this 
infamy ; but it appears that he dined twice at the house of 
Mr. Basil Cochrane (who is not implicated in this), not 
alone, but with Sir Alexander Cochrane, and a great num- 
ber of ladies and gentlemen; and at another time 
Mr. De Berenger and Mr. Cochrane Johnstone also. dined 
at Mr. Basil Cochrane^s. 

Gentlemen, I am told j. and I believe, after what I have 
heard in this cause, for I have heaxji it from Mr. Murray, 
that Mr. De Berenger is a man of great abilities ; his 
society and his company were much courted till his mis* 
fortunes put him out of the general run of society ; was 
there ever such a thing attempted till this foment, as that 
you were from such circumstance to prove a conspiracy at 
against these persons! On what ground can it be said that 
his connexion with Mr. Cochrane Johnstone is a matter of 
complaint against him i I have proved what it was ; I have 
proved, out of the mouth of Mr. Murray, and shall prove 
again if necessary, that the meeting of these gentlemen 
there was not a meeting of business ; was there any thing 
in the conversation when Mr. De Berepger came in, in the 
presence of Mr. Harrison, that gives the least suspicion of 
a connexion with Mr. Cochrane Johnstone i it appean 
only, that he being an ingenious man, engaged himself ia 
this Raaelagh that wa4 building, from which it was ex^ 



305 

pected (probably it will terminate in nothing) by Mr. 
Cochrane Johnstone, that he would derive great benefit ; 
this gentleman, being consulted on the plan first pro- 
posed, recommended another from which he conceived 
Mr. Cochrane Johnstone would make a great deal more 
money ; there is nothing in the connexion more than that. 
Are you from that circumstance to infer that this gentle- 
man was guilty of any conspiracy ? as to any negociation 
on this subject, you hear nothing nor see nothing. Yoa 
do not find him at any one period of time with Mr. 
Cochrane Johnstone. You hear of his dining twice in 
company with him at the house of Mr. Basil Cochrane ; 
you do not hear of him at all there, except about thii 
Ranelagh; but you are desired from that to infer cri- 
minality. 

But gentlemen, ibis is a most important transaction ; my ' 
learned friend has told you he will more satisfactorily 
explain it by the evidence upon the subject; there is no 
doubt of the gentleman who sits before me being in 
distress of circumstances, but at the same time a most 
ingenious man ; and having done various works of art for 
Mr. Cochrane Johnston, the latter thought himself indebted 
to him about two hundred pounds, and paid him the 
money. Gentlemen, all I can say upon this is, that there 
is no conspiracy amongst us here, for I do assure you^ 
that until I came into this place, and saw my learned friends^ 
except my learned friend Mr. Topping, with whom I had 
spoken on the subject, I did not know that the others 
were concerned for the defendants upon this occasion; 
but I hear my learned friend state that which I trust he 
has the means of proving, but which my unfortunate 
client has not, not only because many of his papers have 
been immediately taken from him by the messenger, ia 
the manner described, but because he is himself a close 
prisoner in Newgate, under a warrant of the Alieii Officf^ 

V 



and thf refold h93 not Ui&s^e rae^ns^ and oypprtupHtj-c^ 
conferring with his Coun^e) ; i'9^ 1 h^vc never placed o^yseif 
ip that situatipii, anoL do no^ mean hastily to go there, f^ 
it is not a very agrei^ahle service, and I would ta^e no uwfl'f 
retainer^ if I thought that I n>ust do so; tliere has not 
therefore hei^q. that cQOiiuunicatioa wl^jch we should h^yc 
bad, if oux cheat had b^cna free map^ B^tr I s^aU prqvi^ 
by some^ witnesses of oiy own, that whi^h wil} g^y^ a 
coQsideiabk colour to my case> and shall pray^in aid ail 
the evidenqj^ fi^y^ hy apy. other witnesses on this side, of 
the question* 

Gcntlemeni bcfp^-e I leave this part of the ca^e^ I wouI4 
'frish al^o to.reminfl you that we have had tpiotber pi^cf 
' of evidence given against my upfortunsube client^ by a 
man of the name of Le Marchant. 1 will venture to say^ 
and ( hope you have observed, that a much more extraor- 
dinary witness, never did present himself in that box. It 
does i>ot^ become me (and I am the last man to do it) tq 
arraign any on^ act of His Majesty's ministers, but I, believe 
that the exhibition made this day in the presence, of som.i( 
of His Majesty's ministers, will have been s^fficic^t to s§t 
aside any intention of sending him out under an agpoip^ 
ment, if it ever prevailed in their mi^ds; fqr I do. sag, 
I think he would disygrace any country from which b^, wa# 
sent on any public, business whatever; I think be, w4Ht]4 
not be long in any situation, before be disgraced, himself 
as a man, and brought disgrace upon thpse wbp eipploye4 
faim. But gentlemen, I do not know whether you ob8erv64 
a^otb^r thiogi which is, that he shot out of court as if b^ 
had, had a sword stuck into him, 'and appeared no morei 
I never saw any thing so marked as his conduct was upoa 
that occasion. 

My learned friend ha$ called your attention to his l^ter, 
which 1 never saw till he read it; my client Tvas psot^stipg 
against his te^itim'ony^ bujl X caAnot caU hiuK s^^SL^^ifp^m 



307 

against this manV eTidence, which Mr. Richardson entlt^a- 
'foured by his cross-examination to alter, because it was 
emt Amy to endeavotn: to g^t sbme alteration of tbaC 
^fkhence, not knowing how he had conducted himself. I 
do earnestly beg of yon to recall to yonr attention^ the 
answers he gare to my learned friend, the Serjeant ; did^ 
be not positively say upon that examination, that he wa^ 
only kept by His Majesty's ministers in this conntry to 
give evidence, and that he had not given his evidence at 
all from a feeling of resentment, because Lord Cochrane 
had not complied with his request in giving him money. 
Geademen, when this conrespondence comes to be read 
by bis lordship's officer, is it possible you can believe one 
word of that; he in this letter, which is the last my 
laarned friend stated, and the only one on which I will 
comment, stated that he believed every thing that De 
Berenger had told him respecting Lord Cochrane, wasf 
&lse. If il was all fiilse, as it respected Lord Cochrane, 
it was all false as it respected himself, for this man had 
no time-bargains as the other genslemen had, he was to^ 
derive no immediate benefit, except as you believe that 
annu i beg your particular attention to that, that he is 
Ae ottly person who, swears to his having a per centage itr 
(hiy matter. I think I am correct in that statement, that 
Lc Mor^actt ia the oftly person who says De Berengef 
told him that he was to have a per centage upon the stocks 
Now gendemen^ liiis conversation having been on the 
i4:th' of Februaiy, seven days before this transaction, ho 
jMke the observation in this letter, that he verily bclievesi 
fhat every thing De Berenger told htm respecting Loid> 
Cocfamaewas ftrlse. 

If it was all false, it mast be false with respet^t to Der 
Berstiger hmself, and according to his own statement he- 
aMrt hav« invented this story, merely to implicate Lord- 
Croohnuoe' it the tiansaetioa; it i» absurd gec^tle^aeir moc> 

U a 



SOS 

to speA to'yon as men of common undmUodings. Do 
yoa believe that this letter has any other sense, than give 
me so much money, or I will do so and so i After threaten- 
ing him, he says, ^ As for my part, I now consider all that 
** man told me to be diabolically false,* and then without 
even a new paragraph in his letter, *' If my conduct meets 
your approbation ;" what conduct meets his approbation, 
that he would say in all places and at all times that this 
man's statement was diabolically false, as far as respected 
Lord Cochrane ; '' Can I ask a reciprocal favour, as a 
temporary loan, on security being given;" then he goes on 
to say, '* I am just appointed to a situation of about 
£. 1,200 a-year; but for the moment am in the greatest' 
distress, with a large family; you can without risk, and have 
the means to relieve us, and I believe the will of doing 
good." And then, because Lord Cochrane most wisely 
refuses to comply with this request, we have this man set 
up in the box, to tell you this supposed stofy of Be 
Bcrenger, which De Berenger has no means of contra* 
dieting; but which I say is so incredible, and so con* 
tradicted by the letter under his own hand, that I think 
jurymen, if it stood upon his testimony alone, or even 
supported by one or two witnesseses to other things, would 
do most unrighteously if they convicted upon such tes- 
timony as that fellow has given, for I never saw a man so 
disgrace himself as he done. 

Now gentlemen, with respect to the proof of Mr. 0e 
Berenger's hand writing, as to those things which were 
found in his box. I put Mr. Lavie's evidence out of the 
<)ue8tion; at first his lordship put it, that it was slight 
evidence ; but that it was evidence subject to my obsef* 
vations, the thing being found upon him; gentlemen, 
supposing there was no evidence of his hand-writing, t 
can only say he must be well clothed in innocence who 
can escape, if a man is to be convicted, merely becau&e a 



S09 

paper is found upon him ; if a man writes to me a pap^ 
containing matter of a criminal nature, and I happen not 
to destroy it, 1 must immediately be convicted. I do not 
mean that his Lordship has said so; but If I am to be con- 
victed because a paper is found upon me, then a man may 
be in danger from every letter he receives from a corres- 
pondent ; I am sorry to say that I receive a great many 
letters which I do not answer ; but does my possession of 
the letters give ground for inferring an approval of all 
contained ifi those letters. If you were to convict this 
gentleman on account of any memorandums found in his 
possession, because they are found there, I do think a 
great injustice indeed would be worked. 

But, gentlemen, Mr. Lavie has proved his hand-writing. 
I shall call witnesses to contradict Mr. Lavie ; but do not 
misunderstand me, I believe Mr. Lavie to be a very 
honourable person, and one who would not tell you a false- 
hood ; but I say he has not the means of knowledge. I 
can only say, gentleman, that a man must be much more 
attentive to hands-writing than most of the persona of my 
profession, in which I include Mr. Lavie, if he can swear 
to a hand- writing, because he has seen that baud-writing 
once. I have seen my learned friends near ma write many 
times, but I could not ^wear to their hands-writing ^ if I 
saw a very bad hand indeed, I should say i% was Mr« 
Serjeant Best's ; but let me caution you ; you are tiying 
these defendants for a con^spiifaey; you are trying themi 
for a crime of the greatest and l^ost enormous magnitude ; 
yon are trying them for an offence that will shut these 
gentlemen, if you find them guilty, out of the pale of all 
honourable and decent sooiety ; and therefore, though this 
subject is one, which, from the singularity of it, may create 
a smile, it is a matter which you will not smUe upon 
when yoa come to pronounce your verdict j because upon 
vour verdict must the happiness of these geatlenoien de? 

V3 



:310 

pm4- Will yoQ, upon the evidenee of. Mr. Lavie, bo« 
nourable as you may beUeve him to bet ^^ juat a» you 
may believe him to be, 6ay that he has those meant of 
.knowledge which he professes to have. 

G^Qllemen, I am placed ia a very awkward aitaatioa as 
J;o that paper^ which my client assures me he never saw, 
and I mean to call witnesses to prove, that he is not the 
writer of it; I do not think it necessary, but I will do it, 
for it shall not rest upon me that I have not done my duty, 
^ut I am placed in an awkward situation as to the hand* 
writing ; I do not complain of it, but the witnesses into 
}ivhose hands I must put that paper, have never seen it* 
]Mr. Lavie l\as seen it ; he has had an opportunity of 
conning it over ; but I tliink he might have done better 
than, to have, given his own testimony of this Mr. dt 
BereDger*s writing. Mr* de Berenger is not an ohscyure 
man in the city of liOndou ; he has lived in this country 
twenty-five years; he tells me there was no man ac« 
quainted with his haad-writing, who could be called . to 
prove tliis to be his hand-writing ; and that no witness to 
^peak to that could be found ; huX, Mr. Lavie went to him 
improperly ; for the Stock Exchange had no more right to 
break in upon Mr. de Berenger, at the Parliamef t*stceef 
^offee-house, than any on^ of you. I say it was an iin* 
pertinent intrusion ; this gentleman w£3 brought up 09 a 
warrant not respecting this affair^ but om a w^^ant from 
the Secretary of State^ whilst he was fatigued and tired, 
fis he stated to the messenger ^ still most disgracefully the 
messenger allowed Mr. Lavie and tjbe Stock Exchange 
Committee to pump him upon this matter. How the 
hand- writing is attempted to be proved, it does uot become 
me to. say further; but I put papers into the hand of Mr, 
LavijC, the hand- writing of which, if they be of the hand* 
writing of Mr. De Berenger, I will venture to say that the 
paper lyinsg before hi^ Lordship is not ; because I hav^ 



Sll 

f]r«ft «• well hs Mt.iavie has^ and I ttiink I can s))^alrt»' 
way band- writing as well a» he can. I my it is aot tlie 
same hand^writinf as these, if my ^yts do nM decei'te me; 
^d I shall put it into the faaods of persons who have 
kaown Mr. l>e. Berenger long, and fbey shall say^^iether 
it be his hand-writing or not. Gentlemen, if -it beno% his 
haadrwriting, which i must assume, 1 say the whole of that 
Dwrer case fails to the ground ; because the main sheet* 
antchor of the whole of the Dover case is tbitt pbipet:- 
Why do I say so i Because all the witnesses who have 
eoaae from the Ship Inn at Dover> Marsh, G^rely, Edis, 
(Wngkt is hail here, berog ill ;) these men one €nd all, 
speak to the person called Du Boui^, as being tkpe peffeosi 
who sent this letter, as aid'i-docamp tt> Lord CatUcfart ; 
they all say it was this man, aS'tbcy believe, that wrote 
that letter, and sent it off So Acknind Foley. I say, 
gSDtlemAn, thttt atoiiy, as afiipliM 10 Mr. De Bei^nger, 
fiaUs to the g^roand,- if tfaatdetter was ildt the Uaad-writing 
6f Mh De Bemag^r ; inaamlicb m the letter is firt>w ^pi 
jpesed to be tmced into*the hands of Admiral i^ley, firom 
the Ship Inn at Do^er, by theconv^ahce of the litrie boy. 
If Mr. De Berenger was not the wrJtpr of it^ thfed Mr. 
i^ Barenger was not the man who was at ilia t ton. 
- Gentlemen, it was said by Mr. Gurney in his openivrgv 
that he should call the landlord and Isfndlady of the house 
at wfaieh Mr. De Berenger lodged; to prove that 4iie did nc^ 
sleep at home tbiit night ; but they have proved no s6ch 
Ihb^. I expected) frotn my learned friend's statement of 
it, and I am sure he expected it, or he would not have so 
stated it, that they would have proved kiiat. The man 
says, he does not know who comes in and who goes eut^ 
being the derk of a stockbrober, and being a good deal 
oat; .he. says, Mr< De Berenger comes in without their in*- 
ierfeienoe ; he has his own servants ; and ail he reasons 
iiom is the fact^ that h^ did not hear him blow his trench 

V4 



3» 

htrtk «t «i^t or nine o'dook <m dM( MemUj^mmiiiil^ 
vhkb I ibi^ prove lo yen fae opuM not do, for tk«t S^ 
De Btivoger wen^ouc to Lard Cochraae^tat eight o'dodu 
Tboie people da opt tweor^ that he did not sleep at faooie; 
all ih^ aay i«» that they do not baow whether he wap at' 
hona or not. 

MdfW| Gentlemepy upon the suhyect upon^ ^hicb I am 
mboui to add|e$6 jou, I do not think it ab$ol«tely neoea-^ 
sary to go into it ; and I should not at this hour in the 
Boming call evidence, hot in a matter so highly penal as 
this tSy and where I am placed in so delioate a sitoalMty 
and in which> thank God» I can very seUom be placed, 1 
do not think it right to act on ny own judgment, yfbm 
my client assiuces me that he was not the man, aadt is an 
innooent person; and that he is determined (becaase he 
knows pecfiMtly well that what he says is the tmtfa) to 
Imve hu witnesses called ; he shall have those witnesses 
called, lor 1 cbuse to have n6 responsibility cast npon me 
that dnea not belong to my sitnation. Gaatkmenv 1 shall 
prove to jQumo^t completely that which yf^. dispose- #f 
the cafie». if it is believed. 1. trust 1 have.already shewn, 
that it is a <;»9e dapendiag np<iju snob. frail testknony^ns it 
stands, .that it is not worthy of aay degrae of eiedit. Bot 
I am instf acted, that I sbfili he at;r|<r ^ caU.five.or sn wit- 
nesses, who all saw this geotleman in, London, at anihoiiiir 
which was impossible, consistently with the case for. the 
prosecution, and who liave np ioterest, and had^ better 
means of knowledge than those who haiee iwen-GaUcd 
before you. 

Gentlemen, I do not mean to say those witncaseajvho 
have, been called before you. have been perjnredi) bnt I 
mean to say, they had act tlie same ineans of konwieilge 
with my witnesses ; and that/ except one of them, or two 
at the utmost, tbey had not the day Jigbt to asaiatitfaamin 
the observations they made upon this traveller. Bf at 
6 



S15 

fMld m to leMUect tlie Gireiiaiitaw«i nndkr wlficli he'iiM 
tilppOMd to have oome to>I>»ver; be n foimd kooGkh^ 
eft the door of the SMp hm, about one id the morning^ 
.the matt belonging to the oppoeHe housei ha^g beea 
caronting tiiere at a most aitouisbingly late hour for a 
reputable tradesman, in the town of Do>er, the hatter, the 
cooper, and the landlord, being sitting together^ hear a' 
knooking at'tbo door ; and they find a man m the passage 
of the house. Whom do they find there h a man dressed 
in the manner you have heard described; but the peroonr 
wko sees him^ and hoMs the candle in the passage, has a 
very short conversation with him^; the wbole tkne he saw 
faim did not e;xceed five minutes, and in thai time be w^nt 
nptooall Ae landlord; he put the pe^ink aod paper, 
into Us loom, and then he left*him ; he did not see him 
withoat his cap, and yet be swears he is the man; and^he 
is not singular in that, for there are many others swear to 

Cteti e mei i, ii ia a pi^odice my client has <o en<»unter; 
shat we have been engliged in this case seventeen hours: 
aad tkmt my learned iriend^ Mr. Gamey, who opened the 
case, was in the fbtt possessimi of fais powers, and that he 
has in a measure forestalled your minds by the evidence 
he has given, and that the evidence given by me ha9 to 
eiadicate the impressions whidi his sta^emepts oibmI his 
evidence have made. Gentlemen, 1 put qoestioos to one 
of* ilie witnesses which his lordship thought were not of 
any weignt,' and perse they were not strong ; but when we 
are proving ideilCity every little circamstauoe goes to the 
question, aye or ti^i we Had some witnesses swearing to a 
slouch oap; one which comes over the eyes, and another 
streamig that it was like theeoat,gfey; another that it 
wasa <lark *brown. if the fue Hndle is correct, there ar^^ 
in the evidence which raise a suspicion ia 



«i|f mind, H flu^floion^iat thul tfaie wjtaWNlfi «ve -pi^BUffwig 
lheiil«6lve.S| b«a tbat th^ ij^ ne« ttufiieielit iteMM-of 
IcDOwkdge upon the &ut|)^t$ fnd ttiM ^MamciJM ^|k)« 
10 convict this geqtlemaii of a baae and iofnaifoiitt critte^ 
firom which, esrcept fit>m the iciudence of Le Maroh«&t» 
he was to derive no beiDefit uoleab (be £^4(00 was a bomm, 
and th{^t upon the evidence of wil^slesy wbo^ howevec 
yespectable, bad had very little means of observartioq ; 
for it was not day light hardly e^ea when i^y left IMrtford i 
and the morning we hear wa$ a ioggy mornings and 
dierefore, except Shilling's evidenc^y we have not evideniMi 
that this is the man in day light; w^ hav« na evidttce of 
any persons who saw bioi in daylight, cmd idientify him 
as being the person who came from Dover to. London t 
Shilling's evidence I admit, is, a^ to bis seeing biln ii| 
day light, aad his evidence is ext«emely stibng irti« 
doubted ly. 

Gentlemen, I am quite aware, though I h^ve qoI 
practised a great deal incnrnkfal courts^ that -the ^vkkace 
of an alibi f as we call it, that id eyide^»ce to prev^ that tha 
person was not upon the ^ot, is always evidence of a iKry 
suspicions nature; itia always to be .iratcbed tbeieforis ; 
but I am sidre that I shall have hia loi^Hip's saii<^ion for 
this ; that if the witnesses to be tailed have all ihie maant 
of knowledge upon the subject, if th^ f^^rality of tbem 
have no interest at all in tbe matOer of dasesiseioo, aftd if 
tbey prove the alifn satisfactorily^, ibere ia no evidjeo<:e 
more complete than that of aObi^.-dmi that 0iihi will 
produce advantage in favour of tlie persoa who sets it up^. 
according to the nature of that case whi^h is madeagwist 
btm ; and if it be merely circumstantial evidence, althougI\ 
that is in some cases much stronger, than positive testiiiKmy>. 
yet if the evidence against that person is chiiefly mere 
evidence of identity of persoi^ 1 «fty that the pr<^'' o£ iUN» 



315 

^Ubi will rec«iye stronger coofinnationi if those witnessea 
vfap undertake to identify have not bad sufficient means 
ff knowledge upon the subject. 

Hear tlien. Gentlemen, how I shall prove this case« 
This person, by the consent of his bail, Mr. Tahoiu-dio* 
as I have told you, was continually solioitiug for tdie 
situation he was desirous of obtaining, for the purpose of 
going out to America under Sir Alexander Cochrane ; he 
was therefore cointinuany violating the rules ; and in order to 
do that with safety, he used to go down a passage and take 
water, instead of crossing Westminster Bridge ; because he 
thought that on Westminster Bridge he should be more 
likely to be met by the officers, and so more likely to get 
to the ears of the mavshaly so as to lose the henefit of the 
rul^s ; he was well known to the usual watermen plying 
there ; and 1 have two watermen here, who will prove to 
you that on that Sunday morning, which was the first 
Sunday after the frost broke up, so as to open the river 
Thames, which had been shut a considerable tirne^ that on 
the first Sunday alter, namely, the 20th of February, this 
gentlemen crossed at that ferry to go over to the West- 
piinstcr side. Gentlemen, I shall prove to you, that in the 
9our8e of that day he was at Chelsea ; he bad been known 
at Chelsea, having lived there for a considerable time be- 
fore he. was in the rules of the Bench. I will prox^e that he 
1^ called a( a hon^e which I will not name, because we 
shall have that from the witnesses from whence the stage 
foachesgo; tliat tlie ostler at that house perfectly well 
kn^w him, and tbat he knew his servant; that he told him 
the coach had gone off at an early hour in the evening, 
^ud there was. no coach to go for some time ; he will tell 
you, that he knew this genileinan, and is positively sure 
th|it he was there. I slmll prove that he went to another 
house in the course of that evening ; and I have two or three 
9f the members of that family who saw and conversed with 



316 

him between eight and nine in the evening of the Sundaj^ 
so that by the course of time, it was absolutely impossible 
that he could have been at Dover by one in the morning, if 
he had been at this gentleman's house at eight in the 
evening. I shall prove that after that he went home to his 
lodgings. I shall prove that be slept in his l^odgings ; that 
his bed was in the morning made by his maid servant ; 
that he constantly slept at home, and that he did that 
night. I have his servante here who will prove these facts. 
I allow that he went out that morning, and went out in 
regimentals, which they wiU describe to you,^ ^nd went 
to Lord Cochrane's upon the errand I tiave described 
P you. 

Kow, Gentlemen, in addition to that, there will 5e the 
evidence to be given by my learned friend, Mr. Serjeant 
Best, which I have a right, as far as it applies to Mr. De 
Berenger, to pray in aid for him. Does it not immediately, 
go to shew, that it is impossible, but that these persons 
who have been examined for the prosecution, must have 
been mistaken ? I do not ask- you tp presume that these 
persons have knowingly said what is not true ; but thia 
made a great noise, and persons were sent to see Mr. Do 
Berenger, and from some similarity of person believed him 
to be the man. I do not indeed believe the account given 
by one of the witnesses, Mr. St. John ; he told a story the 
ijiost singular, that he being the collector of an Irish 
charitable society, with no other means of livelihood/ 
found himself at Dover searching for news, by desire of 
the editor of a newspaper, and he was afterwards on 
coping up, sent to Newgate to see Mr. De Berenger, who 
was exposed to the view of every person who chose to 
look at him. Mr. De Berenger was fixed upon as the man, 
and you are asked to presume that he fled, because he 
knew he was the man. Gentlemen, you will take all these 
chrcumstances^ into your coasideration| and they wilt 



517 

•ceotint for the mistake in the testimony of the witnesses 
for the prosecution; but St. John tells you, that he found 
himself by accident at Westminster. I do not call that au 
accident at all, for it appears that he walked down to 
Westminster to see his person ; he went and took a good 
yiew of his person, when he w&s standing upon the floor 
of the court of King's Bench, pleading to his indictment, 
for being in custody he must be brought into court to 
plead to it; this fellow says, he was not in court, but he 
put bis head within the curtain, where he could see this 
gentleman^ he heard the officer read to him, and he says 
that he answered something; I do not care whether he 
beard what passed, he saw sufficient to know that he was 
the person in custody. I cannot, under these circum- 
stances, believe this fellow when he tells you, that he went 
by acdderU down to Westminster, for it appears evidently 
that be went by dmgn. , I say there is a readiness \ and a 
desire on the part of the Stock Exchange, to follow this up, 
I think, with an improper spirit 

Gentlemen, we have had this case dressed up to-day ; 
and it lias been attempted to induce you to believe, thai 
the transactions of the Stock Exchange were all laudable. 
Gentlemen, I say they are infomous; but my learned 
friend would persuade you, that all the infamy rests upon 
those who deceived these poor creatures. It is very true, 
as his lordship says, the circulation of a false report is not 
innocent, for that may operate against you or me going 
fairly to buy stock ; but I think there has been an excess of 
zeal on this business ; some of these witnesses were carried 
to Mr. Wood*s, at Westminster, and they all fixed upon 
Mr. De Berenger, not coiTuptly, but in consequence of 
being carried there, and his being pointed out as the man 
by Mr. Lavie and some of his clerks ; they come readily 
enough and fix upon him ; the deaf man not so easily, but 
at last he did it too^ and it struck me, the question I put to 



318 

that deaf nian was iextvemdy reJevaM. I ctmidt t^ hy A 
witness's face, whether he is laerely aa actor or not, atid 
especially when my instructions tell me he is mistaken ; 
I wished therefore to know, whether h^ was iM^t looking 
round the court to give it the m of probability, and whe^ 
ther he had been standing behind, so as to see die others 
point out Mr. De Berenger, whom they aH knew, beieanser 
most of them had seen him since that time ; some of them 
had not I admit; he is a soldierly-looking mad, and a mail 
likely from the description to be fixed upon. My leanieit 
friend seemed to think that one of the witiiesdes- had not a 
feir opportunity of seeing his person, in cODsefi|uence of 
his holding down his head; the feet wa^, be was taking noCed 
(for he has taken a very hW note); but withont dieaning to 
do anything improper, I said, hold up yotfr' tlead> aAd< h« 
did so immediately ; his recognizance Was to appear h^tt 
to-day, not fearing to have all enquiry made respecting 
hkn and as it appeared- to me; he did nol on any one occih 
sion attempt to conceal hia person from" their obsermtion^ 
I do say, gentlemen, that the means of knowledge of 
these witnesses are so slight, that if I calt witnesses td 
prove, not by vague surmise, never having seen him before^ 
that he wa» in their society and company that evening sd 
late, as to render it impossible that he should bwre beea at 
Dover that night. But supposing that tiie evidenoa of 
cHhi should not be satisfectory, it thencomes back to-tk* 
other observations made in the prior part of the defence. 

Gentlemen, this is the genend nature of the defence 
I have to make to you. You will, I liave no doubt, endea^ 
vour to free yourselves from all prejudice infused into you? 
minds; and will come to your conclusion with a desire to 
do justice. And I trust that you will, in the result of thi* 
long hearing, be enabled to pronounce, that this defendant; 
for whom I am counsel (not moaning by that to exdudtf 



319 

Msy^ o£ tke. inesty bttft . he is tlie only one oommitted to my 
e) ia not guilty 6£ the charge iapaled to hion* 



Mb. SERJEANT PELL* 

May it pl^^ your Lonbhip^ 
Qentlemeti of tl^e Jkiryi - 

My two learned friends^ who have preceded me, t/h^. 
Seigeaot Best and Mi. Ptok, have both stated to you the 
peculiar difficuUies. undcc which they laboured^ in coi»e^ 
qiieace o^the ^dbai fatigue which they had both uadergone. 
lamaureyou will agree with me, dial that topic, so pressed 
by them,, will coae with still greater fbrce from me ; £q!v 
as the night advences, the fatigue becomes greater, and 
th^ mind monf exbaustKd. Gentlemen, it is under the fuU 
perauaatoQ that you and his Lordship are also mndi 
oppressed withifiitigiie,; that I oau venture to promise you 
9ty address* will' not be verf long. But I trust, that con* 
aiderij^ the point which it wiii be neoessary for me to 
eibpatitteinpofi, jwu-will be ultimately of opinion, that my 
adrirpiw» aldnflugk not long, is still effectual for the interest 
i^jny clients* 

Glentfemeay- Lstaodaaa most peculiar* situation) beeansc^ 
ttpqn* ihe noiese of the- noble Lord> it is distinctly ppoved^ 
thattwoof thapersons for whom I am counsel, Mr. Hollo* 
nay. and Mn Lyte^ hav« admitted themselves to be guiltj^ 
of that, wMdijia man can for one moment hesitate to say is 
tOLtmvpxijfMtong'. Gentlemen, I think it is also suffieieotly 
proved, that Sandon, the third person- for whom I am coun^ 
sel, was in. the chaise which was driven from Northfleet to 
Bartford, and from Darlford to London ; and on my part, I 
sbottldconaider it a mpst inefficient attempt, if I were toat«* 
tempt, forone moment, to persuade you that Mr. Hollo way 
aad Mr.Lyte, together with Mr.Sapdom, have not been most 
criminally implicated in this part of the transaction ; but, 



820 

gendemeoi although I ftdmit this in the outset, and very 
sincerely lament^ that men who have hitherto maintained 
a very i^pectable situation in life, should have been 
tempted to involve themselves in so disgraceful an affair; 
yet I think, unless I am mistaken in my notion of law, as 
applying to that record on which you are to give your 
Judgment, it will be found that they are entitled to your 
acquittal. 

Geutlemen, I fed myself under a difficulty, also, in 
another respect. I must differ from all my learned friends 
who have preceded me in this trial, I mean, my learned 
friend Mr. Gumey^ of counsel for the prosecution ; my 
learned friend Mr. Serjeant Best, ascoonad for Mr. Coch- 
rane Johnstone, Mr. Butt, and Lord Cochrane ; and Mr. 
PMrk, as counsel for Mr. De Berenger. I am not here to 
find fault with the committee of the Stock Exchange for 
prosecuting this inquiiy ; whether that committee is com- 
posed of honourable men or not, is to me a matter of per- 
fect indifference. If they have been actuated by a sincere 
desire of bringing to justice persons who hanre been guilty 
pf criminal conduct, I, for one, am not dbposed to com- 
plain of them. Gentlemen, 1 cannot agree with my learned 
friend Mr. Gumey, or my learned friend Mr. SeijeantBest, 
is^ what, in different parts of their address, diey stated to 
ypu as being the leading features of this prosecution ; for 
my learned friend Mr. Gumey, in the outset of his address 
to you, stated, that what be called the Northfleet plot was 
only a part of the Dover conspiracy — was subsidiaiy to it* 
I think his expression was, that they both formed different 
parts of one entire plot, and that those who were guilty of 
one must be taken to be guilty of both; although Mr. 
IloUoway, in his confession, had acquitted Lord Cochrane 
and Mr. Cochrane Johnstone, of having any part or share 
in. the Northfleet conspiracy. Now, gentlemen, 1 wUi 
State to you in the outset, that I mean, to consider the cass 



32J 

in a different point of view. I have not Ihe digbtest doubt 
on earthy that what was done by Sandom, Lyte, and M'Rae, 
when they left Northfleet on the morning of the 21st of 
February, was altogether unconnected, and was utterly 
unknown to, that person, whoever he was, who came'froia 
Dover, and that he had no sort of connection with it; 
Gentlemen, if I am right in establishing this point ; if yotf 
shall ultimately be satisfied that Mr. HoUoway, Mr. San* 
domj and Mr^ Lyte, who I admit were concerned in that 
part of the business, were altogether unconnected with the 
person who came from Dover, and who has been stated 
to-day to be involved with Lord Cochrane and Mh Coch- 
rane Johnstone, I apprehend that the three defendants for 
whom I appear cannot be found guilty. ' That my lelumed; 
friend Mr.Gumey con&iders the case in this point of view 
is beyond all question, for he opened it lb you as part of 
this case, that what be called the Northfleet conspiracy, was 
a part of the Dover plot, and was in furtherance of it; and 
be not only has so stated it in his address, but, as I read 
the record, it is so stated upon the record; for, iii the very 
first count of the indictment you are now impann^Ued to 
try, it is set forth, that Sandom, M^Rae and Lyte took 
the chaise from Northfleet, and so passed on to 'London, 
in furtherance of that plot which was originated at Dover. 
Gentlemen, I submit to you, therefore, on behalf of these 
gentlemen for whom I appear, that their guilt or innocence 
with respect to this particular trial will depend upon this 
circumstance ;-^did they form, or did they not form, parts 
and members of that single plot in which it is supposed the. 
three or four other gentlemen were concerned ? 

Gentlemen, I certainly have not the good fortune to 
appear for men of the high rank of those on whose ^half 
my learned friends Mr. Serjeant Best and Mr. Park hare 
addressed you. I can introduce no such eloquent topics as 
those which my leaned friend Mr. Sejgeant Bcst^ has 

X 



<4>iiched -upon. I cannot aiuslraie the chatactsr « .the 
Bituations of life of die fgeaUeiaeQ for whom I^^ypear, with 
the terms in -which Mr. Park has spoken of his olmt> 
De Berenger. I know of no claims to honour irom aaj 
ancestry to which they can justly entitle themsdtes ; <ifaey 
ure men in a respectahle, bat in a humble line of life, o6m- 
pared with the odier defiendants upon the record ; but I 
know, that it is not upon that account that you will be leas 
disposed to give a ready and a wiUing ear to any topics 
that may be urged in favour of their legal kmocence. 

Gentlemeo, as I followed the evidence, there was but 
one point of coincidence, in which Ihese persons who 
came firom Dartfoid to LondcNi, could be at lA connected 
with the pemon who came from Dover, and it was in tiie 
very slight circumstance of the chaises driving to die same 
place ; and my learned friend, Mr.Gwmey, in furtheruiea 
of that wbach he submitted to you as against HoUoway, 
Sandom and Lyte, as an ingredient, and a necessary in^ 
gredieat, in their conviction, stated to you in the opening, 
that he should prove they went to ihe same place. I oo<|Ul 
opt but be struck with that circniastanoe, because I knew 
it was one from which a connexion ought faiiiy be fdt; 
I was therefore anxious to watch die evidence vriAA 
applied to that part of the case» wd so fttr -from finding 
that the pecson who came from Dover, under the name of 
Xhi Bonrg, went to the Marsh Gate by ^design, I find that 
lie wiettt thew idtogether by accident ; for by the evidence 
of ShiUkig, the peiaon who drove hun, if I do not mistake it 
nltogether^ he fint proposed to drive him to the Bridckyers 
Arms in the K»t Road, and when he got Hhere be found there 
was no hackney-coach, and then to use the very expressioa 
t)fdi% witness, ** I told him there was a stand at the MaiA 
fimte, 'and if he liked to go there nobody would observe 
him;" so that it is quite obvious, that the supposed Colond 
fiuBonvg want ^ die Manfti<3ate, in consetjueace of 



323 

lusmtkg Vesh Afitreii A^it by the ^tfggestibn of Shilling. 
1 eriarit tb«t Sitodom, Lyte and M^Rea trent there by their 
own diftetiofi ; but it is eqtially clear th&t X>u Boarg v,eht 
there in consequence of there being no hackney-coach at 
the BricUaytts Aims, and in consequence also of Shilling 
advising him to go tliere for the purpose of obtaining one. 
The only circumstance therefore in the {^ause, which shews 
4 coincidcDOe of plot between the one at Nortfafleet and 
the one at Dover, is this cireutidstlince I'especting the 
<;arriaged Arising to the Marsh Gate ; an'd it will appear 
tipon Ms Lordship's notes> le with reference to Du Bourg^ 
the goihg 6f Du Bowg to the Manh Giaite at Lambeth 
WiB pNifrety acci«lentaL 

' Gehtlemeti, my learned friend, Mr. Gumey> wajs so 
^twtoeof tbe heb^sity of proving a conation between these 
parties, that hie stated ahotlier cir^umstBtfce^ and 1 liiinl^ 
in the course of his ^diess, those were the oikly two 
whidi he adduced, for the purpose of srheWing that there 
wits any hit probiibUrty thAt could tfead the Court to believe 
that the person assuming the name of Du Bourg, and 
•Hdlloway, Sandoin, M^ae and Lyte, had concurred 
in any pi^t of this most scandalous transaction. My 
ieitmed fii^rid ^lta«ed, that he shottd shew an intiihacy 
betw^een M¥. Sandoin ahd DeBerenger, when both df 
theiti we¥e prisoners within thfe Fleet prison, and that they 
became acquiiiiited lhd-e« 

Jih. Cktmey, Mf learned friend fea iMsunderstood mt^ 
I said th(dy wene prisoner^ at the same tiifae ; that wi^ thb 
ettent of my statement 

4iff. Setfeani PeS. I am vd^ much '6l>Bg«d tb my 
kerned friend ; I afii by no lieieans dispty^ed to mis-statb 
liihi; I fihd he "did not state it qui tie so strongly as I^had 
MppoMd, bht the inftrence he meant ib raise iii your 
Itifaids, was, unquestibilabl^, that both being prisohen at 
Vht tmte ihat whfafai the waBs of the same gaol, it wab 

X 9 



(kit to conclude^ considering the other ptrtt «f die tu€, 

that an intimacy had existed between them. Now let 

us «ee bow that part of my learned friend's statement is 

made out — Mr. DeBerenger was anfortunately a prisoner 

within the Rules of the King's Bench Prison in the month of 

. February last; he had been so for some time. I think tt 

does not exactly appear, with respect to MnSwdom,acconl- 

. ii^ to the eyidence of Mr. Broochoofti the officer, who was 

called for that purpose, when or for how long Mr. Sandcm 

first went there, or how long he coptinued there^ but 6r 

. from Sandom's being a prisoner in that gaol during the time 

when Mr. De Berenger was confined there, my Lord will 

find upon his notes, as given by a person of the name of 

'FoxaU, that Sandom had lived at Northfleet for nine 

months before he sent for the chaise on the 21st of 

Febmaiy. You observe therefore, gentlemen, that theie 

is not the slightest reason to beUeve^as far as the evidenfse 

extends, that either Mr. Sandom, Mr. Hollowayj. or 

• Mr. Lyte, had any knowledge or < acquaintance with the 

other defendants. 

But, Gentlemen, I will mention another eircumatanc^, 
which puts that out of all doubt : — I allude to the cpmfet- 
•sion of Mr. HoUoway, a confession made in the presence 
of Mr. Ly te, and with his concuirence. He admitted that 
•he had used means foe the purpose of inducing a p^raua* 
sion that a revolution had taken- place in Franoe, whidi 
unquestionably at that time was not true. How stands the 
circumstance i There was a person of the name of M'Rae, 
who was spoken to by Vinn, the first witness called by 
Mr. Gumey to this part of the transaction. Vinn tfAd a 
most extraordinary story, and I will veqtare to say, that 
with respect to Mr. Vinn, if the case of all the defjpndants 
bad stood upon the testimony of such a maa as that» no 
human being, who had been accustomed to watch the 
manners and the terms which witnesses use in courts oi 



325 

JMtioe> could tia^e believed him for a mometit. His story 
was this.— That on the 15th of February, M^Rae met brm 
at the Clurolina coffee house, and he proposed to him to 
frame a conspiracy for the purpose of raising the funds ; 
and Vinn asked himif there was any moral turpitude in the 
transaction. No human being could doubt for a moment, 
that such a transaction would be deep in moral turpitude. 
He says, that he told him he w6uld as soon engage in a 
highway robbery, as to such a transaction ; and then im^ 
mediately he told him, that though he would not himself, 
he could^find somebody else who would engage in that 
^rty office. Can any human being believe such a story 
as this i What passed between him and M'Rae upon that 
Occasion, I dm. unacquainted with ; but I know enough of 
your sober jodgment, to be sure of this, that no conversa- 
tion which Vinn states to have taken place between M'Rae 
and liim, when HoUoway, Sandom and Lyte, were not 
present, will be by yon permitted to aflfect tti^ir interests. 
Now, gentlemen, the next stage in this transaction, ' in 
which Mr. M'Rae appears, is, 1 think, a very lingular one; 
he appears in a letter, I think, from Mr. Cochrane John- 
stone, to be the person proposed, who, for ,£; 10,000 would 
make known the whole of this affisiir. It is a very singular 
part of this most curious story. This letter is sent to the 
Stock Exchange ; M'Rae proposes, that he shall be the 
person who is to detect the whole of this scandalous trans- 
action, and he proposes to himself the great reward of 
jf. 10,000. Only observe, whdt Mr. Bailey has stated to 
yon took place on Holloway's being acquainted with this 
circamstance. HoUoway, knowing that M'Rae had been 
eonceraed in thi8,which 1 shall term a second plot ; — know- 
ing that M^Rae could not comnranicate any thing, at least 
as fiur as HoUoway had reason to believe, that could at all 
affect that which was the greater object of the Committee 
^ the Stock Exchange, namely, the conviotion of Lord 

X3 



326 

Coohnme, Mr. Cochrane Johnstone, Mr. Butt, i^d Mn 
De Bcrenger, for that is the end and aim of. the {kfetenl 
prosecution ; and as to the clients for whona I- appear, 
Mr. Hollo way, Mr. Lyte, and Mr. Sandom, I firmly helievcr 
if the Stock Exchange bad not been of opinion they would 
have derived some benefit firom . the conyictipn of my 
dients, they would no more have been put forward on the 
present* occasion, tlian I or any of my learned firienda 
should have been. No, gentlemeui the other defendants 
are the game the prosecutors are attempting to c^cl^ and 
it is only for the purpose, in some shape or other, of con* 
fusing and confounding two separate a^ distinct parts^ 
with a hope that in some d^ee the transactiM of- Hollo- 
way, Sandom, Ly te and M'Rae, in reference to the journey 
firom NortLflee^ on the 21st of February, may be con* 
nected in your minds with the other defendants, that they 
are introduced upon the present record. 

Gentlemen, do me the favour to recollect what Mr. Baily 
has stated tonlay. It was this ; — Mr. Holloway, finding 
there had been some proposition on the part of M'B#e, t0 
make known all that he was acquainted with in the tnms- 
action, and that M'Rae bad demanded the sum of 
«£.io,oQo, before he would be induced to relate tb^t which 
he knew, Mr. Holloway applied to th^. Committee of the 
Stock Exchange, and stated this to them> in the presence 
of Mr. Lyte; — ** I adn^it that we were concerned, in that 
affair when the chaise went frcHB Northfleet to Dartford; 
I admit we were concerned with those persoDs when they 
came through London (and it would l^ vain atid nipsi 
impertinent if I were to take up your time to.deny it), bub 
1 deny that we knew any thing of the other parts, of th^. 
business ; we are altogether ignorant of it'' Now, gentle- 
men, is Mr. Holloway to b^ believed in any part of that 
which he said i I take it .my learned friend will contend^ 
thftt he is to he bettcTed in all that made agaioH himself 
5 



327 
and «U' thai iifad6 a^iiast hytt, ifho was present; IhdI it 
he Q«t ta be believed, in the other part of his story ? WiU 
my learned frie&d contend^ that he can take the one part^ 
iMid Inject dae other? I am satisfied be will not. If you 
tabs the wholes then it appears^ that HoUoway and Lyte 
afhnitted that Sandom waa privy to their plan, but that 
they wefe altogether naconneeted and unacquainted with 
the business which took place ai Dover, and had no mosce 
t0 do with Mr. Godirane Johnstone, Mr. Butt, Lord Coch^ 
niae,.or Mr. De Berenger, than any of you whom I have 
the honour of addressing. 

GaitlemeQ, I should have supposed, ia a prosecution, of 
this kind, that if there had been any connection between 
the two plots, it would have been traced ia some way or 
other; you observe the minute points which have been 
made in every other part of the prosecution. There has 
been labour unexampled ; witnesses brought from the mo^ 
distant parts of the kingdom ; no expence spared ; every 
thing done that coald be done to miake good the charge 
against four of the defendants upon the record. Is it not 
a most extraordinary thing, if HoUoway, Lyte and Saadom, 
were at all connected with Lord Cochrane, Mr. Cochraiie 
Johnstone,, or the two other gentlemen, that no trace can 
be found, no clue can be discovered^ that can connect the 
one with the other. Under circumstances so singular as 
these, there being not only no evidence of any connexion, 
bat ther6 being an express contradiction on the part of 
HoUoway audLyte, and the only connecting circumstance 
being explained'uway, I mean as to both the chaises driving 
CO the Manfa Gate, I think you wiU be of opinion with 
me, that the two plots aie altogether distinct from each 
other, and' that my clients, although moraUy gailtj, most 
be acquitted upon the piesent charge. 

Gentleitteo, I cannot but feel, that a kind of prejudice 
against my dieats may have ariaen in yoor minds ; I am 

X4 



328 

riot only not surprised st it, but I thouM have been tar* 
prised if it bad not found its way thare. Here is a plot 
conducted in the most artful and most scandalous manner; 
— persons of the highest authority imposed upon, dresses 
bought, and the whole drama got up with the greatest 
skill. God forbid, that I should for one moment insinuate 
that it was accomplished by any of die other defoidants 
•upon the record* I am bound to believe, from the charac- 
ter of all these gentlemen, that they are not guilty; 'but 
however this may be, still we get back to that which forms 
the main feature of my defence for these three gentlemen. 
.Are they, or are they not privy to this scheme i Gentlemen, 
1 was observing to you, that some prejudice must neces- 
sarily arise in your minds; it is my case that there were 
two separate plots ; they are, as far as the evidence extends, 
two different transactions on the same day; a prejudice, 
however, must arise in your minds, because when you find 
both these transactions point to producing the same effect, 
you would naturally be disposed to believe, that all the 
persons who were concerned in both, were equally ac- 
quainted with both. You well remember the strong dis- 
position there was at that time, for every po^on, those at 
least who were disposed to do unjust and unfair things, to 
invent such reports as should enable them to sell their 
.itock at an unreal price; and I submit to you, that suppo- 
sing HoUoway, Sandom and Lyte, had intended to do so, 
^ere is nothing very singular in thar doing it on the day 
when the other transaction took [dace. I am fortified in 
^e opinion, that the one plot is not connected with the 
other, because 1 find another part of the evidence whidi 
disconnects them altogether, and it is this ; — ^from the evi- 
il6ncex>f the broker who was called to prove the sale of 
stock, or tbcdirections to sell stock, on the 2 1st of February, 
(a person of the liame of Pilliner) it turns out that Holfeway 
did nop givie him any dinM^tions to sell his stock ttU the 



d29 

middk of the day. Now tht middle of ^ day was the 
time when the chaise drove through the City of London. 
If Holbway Ixad been connected with those who were 
engaged in the first plan, I think you will be of opinion^ 
that he would have taken advantage of the most beoefi* 
cial state of the market, and sold his stock as early as 
when he found that conspiracy had produoed its intended 
effect upon the funds, so that, in addition to other circum* 
stances, this also shews that HoUoway had po connexion 
with the other transaction. 

Gentlem«, I cannot but.be struck at the singularity of 
Mr. M'Rae*s withdrawing from the field of battle. M^Rae 
certainly has performed a very singular part upon this 
occasion; he proposed to sell himself for «£. 10,000; he 
would have had the Stock Exchange to believe, that he 
had been let into the secrets of my Lord Cochrane^ 
Mr. Cochrane Johnstone, Mr. Butt, and Mr. De Berenger; 
7— the first object he had in view, was to persuade theStock 
Exchange that he knew the whole of their concern in the 
transaction* A pleasant sort. of a gentleman, to ask the 
sum of £* 10,000, to induce him to. tell all that he knew, 
wh^ no human being can doubt that all M^Rae knew 
was, that which has been proved by the witnesses, as to 
Sandom, . Lyte and Holloway, namely; that «M'Rae 
was in a chaise which passed through the City of 
London, coming from Northfieet. This man, who has 
Htke audacity to propose the receiving «£• io/)oo, turns 
o«t to be a miserable lodger in Fettep-lane, who after 
hei had carried into execution the whole of his part of 
the conspiracy was xewarded^-but how i was he rewarded 
as he would have been by such weahhy persons as the 
gentlemen whose names stand upon this record i If they 
had engaged. M'Rae iu this scandalous affar, do you 
helieve . they would have left him on the Monday morning, 
with nothing but a «£. 10 note in hispocket I It appears, 



d9d 

by tb^ woman wiih vrhom he lodged, tbafclie vm Uefine 
ia a stole of abject piov^y» wdthol afterwards be was icea 
wM^^a ^« 1^ QQto> a«d. thai be boogbt a new fast inda 
iiew.coat-*-<aiid tbis isi ihe man who proposes to veoeive 
JS.iofioo from tbo: Stock. EnJiai^> to tell ailheknttw; 
GeiMieiaeiH I: tbiak I am not very modn deeeived- rajstif^ 
if I sajy tbat you wiU be of opinioDt that a.man who was 
in tbe situation of M'Sea, was act very, likely to baiPW 
]^wn of |xansa(^tioQS which would have involved* the fouv 
first defendants upon the record,insncfa a 8erious>pr6seeiH 
tion as that under: which they* now kbovur; and it is not 
the least; singular part of his conduet^ that he mabes'Bo 
defend to-day» 

jr(<Hr^ gmtlenien; yon observe the.manner in whiek (sob^ 
j^t to my. Lord's oorrection) I put the defence of the three 
d^endants for whom X appear. I have stated to- you> 
that Holloway and Lyte have admitted themselves guilty 
almost ijnmoml conduct, for I never can believe-that such 
tmi^actions.aatheasj Jet Ihem be conducted I^- whom they 
may> are not immoiel' in the highest degree. ^ HoUoway^ 
jst BJX ev<ent0» bus smce done all he can to make amendi^ ; 
he has confessed his guilt; he has come forwud with 
Lyk^y knowing and feeling that they had done vm-oag, with 
a view, to protect the Stock Exchange against giving^ that 
IQoa3troua sum for an impeifeet discovery. HadHoUoway 
or Lyte been concerned with any of the other defendantt 
on tbe record, I submit there is^ the strongest reason 
to believcy that .when be confessed his own gwk, he 
would not have been backward in speaking of theiia. He 
WHS not.awace of the eSbo^ I am, giiang to hi^ defenoe 
when be made it; and i£ be has done no more than that 
w^ieh be haa.staledi I submit.to you» under bis Lordship'a 
eorrQQtiqny that jrou cannot find him guilty; and I submit 
to ypii» up<>n the reasoning with which I commenced my 
f^ifm.to yo% that, whatenrer Saodom^ KUUowaj and 



3^1 
lyt6 didy i$ 4iQt at all GQnnectcd with what Du Bourg, or 
t|M penon so caUing biip^elf, did ; that what they did i$i 
iiAt.c^aoected with what the other tliree defendants oa 
the! xecord are supposed to have done ; that thece is not 
o^ly DO connexion proved between the two, but as fhr a»* 
t]^e evidence extends^ that eonnexien is negauved; and 
tl^n I submit to you, if you are of thait opinio^ these per- 
Sony musi be-aoquitted ; because^ as I apprehend, two disr. 
tinet conspiracies incjud^ in one county both taking dif^ 
ferent offences, oa^oot be permitted to.he prov^ ia acqturt 
of justice. Crimes must be k<ept sep^rat^e ; persons must, 
kjiow what the eharge is, on which they, are called' upon 
to defend them^elvea, apd miserable would be the situatiosk 
ofr persons ehai:ged with the comsiisaion of.qnm^ if one 
csimt was eonn^Qted with another totally distinct an4 
sepaimte from it> and both wei^ hroughtf uoidtt oi^eand the 
si^pe chfkTgiS) to. uiMl:e intfae aame-dii^ieooe. 
, Qeotli^is^iH L k9ve stftted to youi that die gentlemea 
for whomi'^appeiMr' are in a very bumble sitMti^ inlife* 
Mr» HoDoway i^^aiwine laercbanti^ Mr. l^yie was. formerly 
aiiofli<»er ina^mtlitja^regtmeatyMriSaildcm i« a private 
gentleman, of sm^l^ fortune ;-f-^beyi aie none of ifaemi by 
their situation in. liie, apparently likely te be domsected 
with: any? of the olhar defendants upon the record* Wbatx 
i^. there that* shoiW: lead you to believe tbeyiajewf 
Mr. HoUoway and Mr. Lyte stand under a sufficientlo^d. 
o| gniHaJready; they> h«ve adhnitted tbemadvieB gniky of 
viM tb«or: did ontthAt^di^^ WiU yo«, theo^ro, bteauM^ 
tbqr admitted themselv^ guilty of one ii^u^.of the day's: 
uAmj, put QponjtheBk the infamy; of :the wbok ? Willryoo:. 
do this, bejpaoie^helwo.plot^.bafkpfinatD.tahe.plape ooi ibaj 
sane ^ay.f Caa yon oot» ioyour recoUeotioQ^.Qnd, im. 
fgnaartimea^ that same sort of coiDcidenoei Do. we not. 
know ik§A such things have happened; thatr{4otR;oftai 
similar description^ carried^oabgr difdrciK. parti0%^b«fci 



332 

fa&ving the same end, have taken place on tbe some day/ 
Have there not been much more carious coincidenoes thaa 
chaises driving to the same point of destination, and the 
persons' in the carriages leaving them there i Harve jories 
ever been satisfied that such coincidences should lead to 
proving a connection with plots in other respects dissimilar i 

Gentlemen, it is apon these grounds^ therefore, I sub- 
mit to you, these three defendants are not guilty of the 
offence charged upon this record. I shall trouble yon 
with no witnesses ; — ^there is nothing fbr me to repel. If 
I am right in my notion of the law ; — if I am right in the 
persuasion that you can see nothing in the evidence con- 
necting the two plots together; — and if my opinion of the 
law is sanctioned by my Lord, when he shall address him- 
self to you, there is nothing I have to answer for. It is 
out of my power to prove, by any evidence, that these three 
persons were not connected with any of the other defen- 
dants upon the record ; such a negative as that I can. 
never establish, and therefore I can have no proofs. 

Gentlemen, such is the situation in which the three gen- 
tlemen for whom I appear stand. I have expressed my 
sentiments upon the subject as shortly as I could. It is 
undoubtedly a great misfortune to my learned friends, as 
well as myself, that we should have been called upon to 
make our .defences, when both you and we are so mudi 
exhausted. 

There is but one other circumstance for me to mention, 
it is but a slight one ;-«the person who came up from Dover ' 
appears to have paid all his post-chaise drivers in foreign 
coini there is no pretence for saying that any thing was 
paid by my clients but in Bank of England notes ; there is 
DOtlung in that respect, therefore, connecting these two 
parties together ; and if they are not connected together, 
I trust you will find Mr.HoUoway, Mr.Sandom, and' 
Mr.LytC) npt guilty of this charge. 



333 

Z/nrd Ettenborough. Gentlemenof die Juiy ; It appears 
to me this woald be the most oonvoiieat time for dividing 
tbe cause, as the evidence will occupy considerable time, 
{NTobably. I cannot expect your attendance before ten 
o'clock. 

If being now three o*ctock on Thursday mormngj the Omrt 
adfcumed to ten o^cloek. 



Court of King's Bench^ GuildlialL 

Thundajf^ 9 Ji^ne 1814. 

The Court met, pursuant to AdJoummeQt 



EVIDENCE FOR THE DEFENDANTS. 



Mr. Brougham >^We will first read the letters which 
were proved yesterday i 

Lord EUenborough: — These are read to contradict 
Le Marehantf 

Jlfr. Brougham :'^YeB, they are, my Lord; he proved 
the handwriting himself. 

[7%e foUowmg JLeiters were readi] 

" Glo'ster Hotel, Piccadilly, 
-My Lord, 6th April 1814. 

*' Although I have not the honour of your acquaint- 
ance, I beg leave to address you, to solicit an interview 
with your lordship, for the purpose of explaining a con- 
versation I had with Mr. De Berenger, a few days prior to 
the hoax of the 2ist Februaiy last, and which must be 
interesting to you. If your lordship will condescend to 
appoint an hour, I will not jfail attending punctually at 
your house, or elsewhere. 

I have the honour to be, 
my Lord, 
your Lordship's most obedient 
Rt Hon. Lord Codirane, humble servant, 

tec* &c. fcc, Ji Le Marchant/^ 



S&5 



^ GloVter Hotel,* Piccadilly, l/wdon, 
.7th April 1814. * 
** My Lord, * . 

'' I had the honor yesterday to addresa your lord^ 
ship, for the sole purpose of giving you that informatioa 
you are not aware of; and knowing my letter was delivered 
(your lordship being 84:120016 when it was presented at the 
door), I beg to say, that I am siow justified, from your 
silent contempt and defiance thereof, to make mf infar' 
motion public] and which I should not have done before 
consulting you on that head, my sole wish being to state 
facts, and not to. be considered acting underhand. As I . 
fed exonerated from the last charge, and being in. a oer-* 
tain degree called on to give my evidence relative to 
21st February last ; and as the rank I hold in society will 
give weight to my testimony, with the witnesses I shall bring 
forward on the occasion, I feel justified in the steps I am 
about to take, nor can your Lordship blame me in so doing, 
understanding the business in question will be brought 
before Pa]4iani0U on a future di^. I am sorry to 'have 
iatrudcil myself cm yonrLoidshij^'s notice, by a^drcBSii^ 
you yesterday ; but, to be coned, I tho.i|ght it my duty t4 
inform you by ihis, what hav€ been and ass my iptaiitiOQa. 
I have the honour to be^ 
my lioid,. 
your LokU1^p'» most <4edi€MH . . 
buQible ^ervaaty . , 

Rt. Hob. Lend Oodbnune, M«P. • 
8lc. fcc. ioei 
No. I5i Gie»*9tieeft^ (^(wrmar-iqfiMifew 



/, 



^ 1 



340 

^ T6 the whole of this I can solemnlytnake oath ; ancT 
I am sure I can bring the two officers in question to swrai 
to what I said to them, and tht time when, although I have 
never since spoken to them on that subject 

J' Le Marekant:' . 

The Right Honourable Lord Viscount Melville sworn. 
Examined by Mr. Scarlett. 

Q. Your lordship is acquainted, I belieTe, with Admiral 
Sir Alexander Cochrane i 

ji. I am« < 

Q. I believe that Sir Alexander Cochnine has been 
lately appointed upon a distant service i 

A. He has. 

Q. Does your lordship recollect any application made, 
to you by Sir Alexander Cochrane, on behalf of Mr. De 
Berenger? 

A. I recollect Sir Alexander Cochrane, several times^ 
more than once I am certain, applying to me, that Mr. 
De Berenger might be allowed to accompany him in kn 
command, to remain with him on the North American . 
station, to which he was appointed. 

Q. Does your lordship recollect about what time thos« 
applications were made i 

A. I do not recollect as to the precise time, but it. was 
a short time before Sir Alexander Cochrane sailed upon 
bis coDunand. 

Q. Does your lordship recollect about what time Sir 
Alexander Cochrane sailed i 

A. I think I should say about five or six months ago ^ 
but I am not at all positive. 

Q. Does your lordship recollect the particular service 
that Sir Alexander Cochrane recommended the goitlemaa 
forf 

A. Sir Alexander Cochrane was desizons that diis gen* 



541 

tlcmaa shodd accompany iiko^ for tHe purpose of iiiBtnict- 
ingy either a corps to be raised in that part of the world, 
or the royal marines, in the rifle exercise ; and afterwards, 
when Sir Alexander Cochrane wished that an officer of 
engineers should accompany him, and when I stated my 
knowledge, from other circumstances connected with His 
Majesty's service, that it would be difficult to give hin\ 
that assistance, from the small number of engineer officers 
that could be procured, Sir Alexander Cochrane mentioned, 
that as an engineer officer, he would be quite satisfied' with 
}At. De Berenger. 

Q. Does your lordship recollect, whether any particular 
rank was necessary or usual to accompany such . an ap- 
pointment, or whether it was solicited by Sir Alexander 
Cochrane i 

A^ I think there was, but I am not positive; I recol- 
lect perfectly explaining to Sir Alexander Cochrane, that 
as far aa related to His M^esty's naval service, I could 
not agree to the appointment; and I recommended to. Sir 
AlexSHader Codurane to apply to the Secretary of State, or 
tbe Commander in Chief, stating, that if they agreed to 
it, I should have no objection to Baron De Berei^er's 
accompanying Sir Alexander Cochrane* 

Q. Was Lord Cochrane appointed to a vessel to join 
Sir AleJiander Cochrane afterwards? 

A* He was. 

Q. TheTonnant? 

A. Yes; I think he was appointed before Sir Alexander 
Cochrane sailed ; but of that I am not positive. 

Q. Befeve Sir Alexander sailed to join him npon that 
station? 

' A. Yas ; I am not quite positive about that, but it was 
Taiy nearly about that time. 

Mr. Park. I had my Lord Melville as a witness in 
mj jbriftf, not knowing that my friend would call him i 

Y3 



3*2 
I sboiild have ediled his hardship to theae&cts, if my frieod 
Itkad not. 

Lard EOenboro^gh. Your lordship, has no person^ 
knowledge of Mr. De Berenger i « 

Jt. No. 

Colonel Torrms sworn. 
Examined hy Mr. Brougham. 

(J.- Yon arc secretary to the Commander in Chirf? 

. A. \ am. 

Q. Do you remember any application being made in 
the department with which you are connected. In Vefaalf 
of Captain De Ber^ger? 

-rf. I do. 

Q. About what time was that ? 

A. Itwasinthelattercndof December,orthebegiimiiig 

of January. 

Q. Do you recollect by whom the application was made? 

A. Sir Alexander Cochrane. 

Q. What was the purport of it ? 
A. Sir Alexander came to me twice, lAink, if B«t three 
times, to urge the appointment of Mr. De Berenger te go 
to America, for the ptnrpose of applying his talenU as a 
light infantry officer, to the service on which Sir Alexander 
Cochrane was about to embark. 

Q. Were any difficulties started to this applioadoa? . 

A. Great difficulties. 

Q. What objection was made to it f 

A. I represented ■ ■ 

Lord EUenhorough. I do not know to what point this 

applies? 

Mr. Brougham. Merely that it confirms the statenait 
made hy Lord Cochrane, and shows a connexion hetween 
the diflFerent parties, consistent with that statement. : 

Lord EHenborough. It shows that he was acqnamted 
with Sir Alexander Cochrane, and that ke tecgmmerti^l 

22 



$4S 

hiok to the appointment ; we are not tiying flft'plipTifly 
or impropriety of the orders of Government ^ 

Mr. Brougham. No, my lord ; Vat Lonl Cochraae's 
statement refers to the difficulty iCs^f. 

Lord Ellenborough. But what the difficulties were is 
not at all material ; it would be going into that with wbich 
we have nothing to do ? 

jifr. Gumejf. I do not object to it. 

Mr. Brmtgham. I will not enter into it, my lonf. fn 
consequence of those difficulties wbich were felt, the ap* 
pointment did not take place i 

A* It did not. 

GL But the appoihtment^ in consequence of this appli-'' 
catioU; came under the consideration of the Commander 
iQ Chiefs office? 

A. Certainly. 

Q. Were those difficulties, without asking what they 
were, particularly personal to Captain De Berenger? 

Lord Ellenborough. No ; that we cannot ask. * 
, Mr» Park. It goes to character i . ^ - 

Lord Ellabot%mgh. Then put the question to character 
at once ; you must not go indirectly into it, if Colonel 
Ton^ns knows his character at all. 

Mr. Park. You do not know, personally, his character I 

A. 1 do not, personally. 

Q. Are you acquainted with the hand-writing of Mr. 
De Berenger F 

A. Not in the least* 
. €t. You have never seen him write V 

A. I nefver did. 

Q. Have you received letters, purporting to be from* 
him upon subjects of business, and have you answered 
and acted upon those letters i 

A. I do not recollect, since I have been military secretary 
wer to have xeceived any. 

Y4 



S44 
a He had been, I belieye, ia the rifle dorpft of Umt 
Saint Jamei's. 
*A* I believe he had. 

hwd Ellenborough. Do you know him, penonaBy? 
ji. I know nothing of him^ peraonally. 

Henry Goulbum^ Esq. M* P. smom. 
Examined by Mr, Serjeant Best, 

« Q. Yoii are under secretary of state for the colonial 
department? 

A. I am. 

Q. Can you tell us, whether any and what application 
-WBS made to your department for Mr. De Beoenger going 
abroad with Lord Cochrane ? . ^ . ^ 

Lord Ellenbaraugh. The terms of the applicatton I think 
we cannot hear ; I do not think Government secrets (when 
I say secrets, I mean the detail of them) ought to be stated ; 
we cannot go further than the fact, that an applicatton 
was made. . . . j . . . 

Jlf r. Serjeant Best* That is all we want, my lord ; was 
any application made to the cobnial department i 

A. Yes ; there was. 

Q. By whom? 

u(. By Sir Alexander Cochmne 

L^rd EUenborough. All this must have been in- wciiii^, 
I should think } ^ . * 

A. Yes, it was. 

Lord Ellenharaugh. You have laid this basis, that 
there had been some application, and that it had been-in 
contemplation, that he should go out as connected with the 
service. - ... * 

Mr. Park. That is all we wish, we. want to show • 
annexion with the Cochnmes, without this illicit con* 
nexion, . . i. 

Lord Elimbonn^h. No doubt there had been anJatir 



345 

laacy and connexion ; whether for good or ill is -the 
question i 

Mr. Serjeant Best, And this confirms in' terms the statt* 
ment contabed in the affidavit of Lord Cochrane. 

Wittium Robert Wale King sw<h7^ 
Examined by Mr. Scarlett, 

Q. What are you by business ? /• • 

A: A tin-plate worker. 

Q. Were you employed, in the course of last summer 
and this last winter, by Lord Cochrane, respecting ' the 
making him any lamps f 

A* Yes, I was. 

Q. What was the business on which you were employed? 

A. In the manufacture of signal lanthorns and lamps. 

Q. For the use of the navy ? 

A. Yes. • . . 

Q. Was it a new sort of lamp i 

A. Yes ; for which Lord Cochrane has since obtained 
a patent. 

Lord Ellenbmvugh. A patent cannot be proved in that 
way. 

Mr. Scarlett. My friend, Mr. Gumey, has intin^ated ta 
me that he will not object to it. Was his Lordship in the 
JuJbit of coming to your manufactory^ while you wane so 
employed ^ 

A* Nearly every day. 

Q. Do yon recollect his lordship beiQgthere on die stst 
fft f ebmary last? 

^. Yes. 

<l. Where is your manufactory i 

A. No. 1, Cock«lane, Snow-hilL 
" <2. Be you recollect about what time in the raotldngbe 
«ame? 

J. Between ten and alevenit was that he wm mikm^ 



S46 

, Q. Was there any particular time when be wa^ accus 
tomed to come ? 

A. That was about the time he usually caoie. 

Q. Do you remember the circumstance of. any note 
being brought to him by the servant, whilst he was there? 

A, Yes, I do perfectly well. 

Q. Were you present when the note was delivered to him f 

A, I was. 

Q. What did his lordship do on receiving that note? 

A* He immediately opened it, and retired into the pas- 
sage of the manufactory; he came into the workshop again^ 
and shortly after went away. 

Q. What time of the day was this ? 

A. Between ten and eleven. 

Q. What time had his lordship been at your manufac- 
tory before the servant came ? 

A^ It might be a quarter of an hour, but I cannot speak 
precisely toihat. 

Mr. Park. How far is Cock-lane from Grosvenor- 
square ? <i 

A. I should suppose a mile and a half. 

CL I should think it was two miles, did you ever walk it ? 

. A. No ; I do not know that I have. 
. hord Ell^boroughk That is not of much consequence^ 
I should think. 

Mr. Gurney. Any distance my friends please. 

ilf r. Park, It is of consequence when it comes to eleven 
o'clock^ the stock was all S0I4 ^7 ^^^ ^°^^* 

Lord Ellenborough. Did you see him read the note 
which he received ? 

A. I saw him read the note in the passage of the 
manufactory. 

Lard Ellenborough* He made no observatioa iiyon 
reading it ? ^ 

jf. No i not that I heard. 

A Juryman* Did it occupy any time i 



347 

,.^.J*>. • • • ■ i 

Lord EUenboraugh. His I^ordship did not make any 

observation upon reading it ? 

^. No ; I think oidy that be saidi Veiy well, Thonuu. ^ 

Jzr* Bcwtrtug sdoom^ 
Examined by Mr. Brougham. 

Q. What are you? 

j4. a clerk in the Adjutant General's office. ' • 

Q. Do you know whether Lord Cochrane's brother. 
Major Cochrane, was with the army in the south ofFn^ice, 
at the beginning of this year i 

A. He is so returned in the returns from the 1 5th hussars. 

Q. About that time, do you also know, whether or not 
he was upon the sick list ? 

A. He is returned ^'sick present^' on the s^th .of 
January. 

Lord EUenborongh. That return did not reach you on 
the 25th of January ? 

A. No. 

Lord Ellenborough. When did it reach you i 

A. I do npt know; it was received in the regular €ours)e, 
^ut I cannot state the day. 

Mr. Brougham. Over what space, of time did thai 
return extend i 

A. From the 24th of December to the 24tb of January. 

Thomas Dewmah sworn. 
Examined by Mr. Scarlett. 

Q. Are you a servant of my Lord Cochran^'sf > 
A. Yes, . ', ^ 

Q. Have you been an old servant in the family ? 
A. I have been so for about seventeen years, 
Q. Do you remember carrying his lordship a note any 
morning in February, to Mr. King's lamp manufactbiy f 
A. Yes, I do, perfectly well. 



348 

Q. Do you remember a gentleman coming to Lord 
Cocbrane's hqiise in a backney coacb ? 

A. Yes. 
* Q. Did yon know tbe gentleman? 

A. I bad never seen bim in my life before that time, 
nor yet since. 

Q. Did the gentleman send yon with a note to my lord? 

A. YeSy he did \ be first asked me where he was gone 
to, and I told him, be was gone to Cumberland-street to 
breakfast, because his lordship, told me so. 

Q. That was to his uncle's ? 

A. It was. 

Q. Did you go to Cumberland-street after him ? 

A. I did. 

Q. Not finding him at Cumberland-street, where did 
you go to seek him i 

A. I came back to our house in Green-street, with the 
note ; I informed the gentleman who had written the note, 
that he was not there ; and the gentleman siaid. Pray do 
you know where he is gone to, or where his lordship could 
be found ? I told him, I thought I could find him, bat I 
tfaougbt I might be too late ; for when his lordship went 
out, he said to me, Tbomas, after you have got your 
breakfast, follow me, with that globe glass, to Mr. King's; 
I had been there. 

CL You had been to Mr. King's before? 

A. Yes; on Saturday I went with some things, and 
this globe gla^s I should have taken on Saturday, but I 
forgot it* 

Q. His lordship having told you to follow him with this 
globe glass to Mr, King's, you supposed he might be there i 
A. Yes. 

Q. Was thai the reason for taking the note to him 
th^re? 



349 

A. Yes; I. told the gentleman that I most likely. should 
find him at Mr. King^ as I was going to follow him there ^ 
with this glass ; whether this gentleman had come or not^ 
I should have gone there with this glass. 

Qi You took the note with you ? 

A. He took the note from me^ and said, I will add two 
or three more lines to it. • 

Q. Did you take the note to his lordship at Mr. King's I 

a: I did. 

Q. Did you see him there ? 

A. I did ; I enquired of Mr. King's men — 

Q. I did not ask you whether you enquired of Mr. King's 
men, but, whether you saw him there I 

A. I did. 

Q. Did his lordship read the note in your presence ? 

A, He did. 

CL Did yon leave him there, at Mr. King's i 

A. I left him at Mr. King's. ; ' 

Q. Had his lordship another man-servant at that time ? \ 
' A. Not in Green-street; no one but me. 

Q. Where was his other servant } 

A. His other servant was at his lordship's country seat, 
Mar Southampton, and bad been there two or three 
months before that. 

Q. Had be discharged any servant 2 

A. Mr. Davis hie had given warning to, a month after 
his lordship was appointed to the Tonnant I 

<2. When did Davis quit him i 

A. Davis left bim about two days, or three days it might 
be, before he went into Green-street ; his time was up then, 
but be was in Green-street. 

Jjord Ellmbarongh. For what purpose is this.^ 

Mr. Scarlett. Only to shew that we cannot find tfait 
person* 



350 

A. Davis wa^'not m his lordsbip's service at that time, 
but he happened to be in the kitchen when the gentleman 
came. 

Q. What is become of Davis ? 

A, He is gone with Admiral Fleming, to the West 
Indies. 

Mf. Park, Do you recollect what time of the day this 
gentleman came to your master's ? 

A. As near ten as possible ; I think a little past ten. 

Q. It was so late as that, when he arrived there ? 

A, Yes. 

Q. You were hired to go into the country, in the room 
of my lord's steward, who was going u> sea with him \ 

A. Yes. 

Lord Ellenboroygh. I ttiought you had been in the 
family seventeen years? 

Mr. Park. You had been with Lord Dundonald t 

A. Yes ; I was engaged with Lord Cochrane ever since 
last February. 

Q. You were in Lord Cochrane's peculiar service only 
from February ? 

A. No. 

Q. You said something about having been seventeen 
years in the service ? 

A. In the family^ 

' Q. Chiefly with Lord Dnndonald, the father i 

A. Yes, and with two of bis sons. ' 

Q. You did not return home from King's immediately i 

A., 1 did not arrive in Green-street tiU near two, having 
% fiaither living in Castle-street. 

Q. You do not know whether Lord Cochrane saw tbi* 
person at his house when he came back^ or how long thejr 
were together ? , 

A. Ho, I do not 



.331 

Mr.Swj^antPdL You have lived with Lord Cochrane 
geveral years ? 

A. No, in the family ; only since Christmas with his 
lordship. 

Q. Do you know the person of Mr. HoUoway i 

A. No, I do not, not even when I see him. 

Q. Do you know a person of the name of Lyte ? 

A. No. 

hord EUenborough. What did Lord Cochrane say oc 
do when you gave him this note ? 
' A. He said, " Then I must return.'* 

Q. That was all that he said f 

A. Yes ; I saw him come out of Mr. King's. 

Q. You know the different members of the fitmily ? 

Jim X eSa 

Q. Do you know the major i 

A, Yes, I attended on the major when he first went iat» 
the army* 

Q. 1 mean Maj^r Cochrane? 

A. The brother of Lovd Goduane, — ^the younger 
brother. 

Q. The brother who is in Spain or France i 

A. Yes, he wai'fbeie lately. 

Q. All that Lord Cochrane said was, '' W«U, Thomas, I 
will return?" 

A. Yes, that was all that he said. 

{Mr. Poole, of the Patent Office, was catted, hut dii not 

answer^ 

Mr, Gumey. I will admit the patent to be of any date 
you please. 

Mr. Brougham. It is a patent for the invention of a 
lamp; the date is seth of February. 

Mr. Gumey. Twill take my learned friend'a word for 
that 



S52 

Mr. Brougham. That is the case on the part of my 
Lord Cbchraile. 

Mr. Scarlett. The next witness is to the case of Mr. 
Cochrane Jobnstcme. 

Mr. Park. I shall use him also. 

Mr, Gabriel Tahourdin mom. 
Examined by Mr. Scarlett. 

Q. How long have you known Mr.De Berrager ? 
A. About five or six years. 

Q. Were you the person fhat introduoed him to Mr. 
Cochrane Johnstone f 

jt. I was. 

Q How long ago? 

A. In May 1813. 

Q. You were well acquainted with Mr. Cochrane John- 
stone. 

A. I had not been well acquainted with him at that time* 

Q. Do you know, whether Mr. Cochrane Johnstone, at 
that time, was in possession of a garden or some premises 
at Paddington i 

A. Yes, in Alsop's Buildings. 

Q. Which he was desirous of implOfip§ i 

A. He was. 

Q. What was the occasion of your introducmg Mr. De 
Berenger to him? 

A. It was mere chance. 

Q. Did you, or anybody else, to your own knowledge, 
recommend Mr. De Berenger as a person who could assist 
him in planning that place i 

A. I had previously introduced him: I will just state 
the circumstance that led to my introduction. 

Q. I do not know that the circumstance is in the least 
material. You say the introduction was at first a9cidental; 
was there, in consequence of that accident, any connectioii 



353 

* with them, as to'Mr.De B^renger lusskting him in this 
plan? 

A. Yes. 

Q. The place was intended to he called wiritt<Mria f 
. A. Yes. 

(2. Did Mr. De Berenger employ himself in preparing 
a plan, as an artist I 

A. He did, which plan is here (produeing it). 

Lord EUenboraugh. The exhibition of the plan cannot hf 
important, I should think. 

Mr. Scarlett. It may become material, became Mr, 
Cochrane Johnstone had paid him for the plan. 

Lord Ellenborough. Whether there were colonades, and 
so on, or not, I should think cannot be maj«rial. 

Mr» Park. The production of the plan is necessary only, 
to shew that it is worth the money which was paid. 

Lord Ellenborough. I only wish to aroid useless particu* 
larity ; I do not wish to curtail you of jdue least particle of 

• proper proof. 

Mr. Scarlett. Do you know, whether, in the month of 
September in the las^t year, Mr. De Berenger had made 
considerable progress in that plan i * 

A. He had; he hadmeady completed it. 

Q. He had not quite completed it i 

A. No. 

Q. Do yon know whether, shortly before Mr. Codiiane 
Johnstone went to Scotland in SeptembeTi he made him 
any payment on account of that i 

A. He did, through my medium. 
' Q. Besides the plan, had De Berenger prepared a prot« 
pectus, with a full and minute desc^ption of the objects of > 
the design i 

XHehad. 
, a JHad he 90t that printed ; 

A. He had; ha made him cm payment of ;£«ioa 

Z 



354 

Q. JDo ycm know th$it Mr. Johnstone had got a number 
of hii prospectusi to take with him to Scotland ? 

J. He had. 

Q. In the month of September, last year ? 

A. Yes, early in October ; the first or second of October, 
I; think. 

Q. Do you know of any payment made by Mr. John- 
stone since that time, upon account of that plan i 

A* Yes ; it wag not made by me. 

Q. Were you present when it was made ? 

A. No. 

Q. I understood you to say, you knew that the payment 
w^medcf 

A. Byletters» 

QU Wen the letters sent to you? 

O. Yes. 

A* Th^ passed through your haAds i 

A^ Yes, they did* 

XonI Ellenbarougk. The moment it gets into a letter, 
lliat monent the paA>l statement ends. 

Mr, Scarlett. Certainly, my Lord. Do you know whe 
ther any application wa» made by Mr. De Berenger after 
the plan was completed, for payment f 

Mr. Gumey. Were you present i 

Jdr. Scarlett. Or did you convey any draft i 

A. Yes, Iconreyed a letter, and I spoke several times. 

Qi. To Mr. Johnstone. 

A, Yes, upon the subject of the paying him for die plans* 

CL Without at present alluding to any letter, do you 
know what was the price that De Berenger asked for the 
remainder of die plans i 

. A. No price, I believe, was ever stipulated ; no price waa 
ever fixed till February last. Mr. Johnstone and myedf 
had repeated conversations dn dss sobject of the price of 



685 

iht plans, and as to the remaining sum tfiat he should 
pay him. 

Q. You made repeated applicdtiohs to Mr. Johnstone to 
pay him? . 

A. I did, always in a delicate way, not sayings that 
Mr. Berenger required so much ; but he requested I would 
take a mode of giving a bint to Mr. Johnstone, as to the 
payment ; a hint he was always ready to take. 

Q. Have you any means of knowing what was the 
money Mr. Johnstone did pay him i 

A. Yes, I think I have. 

Q. When was the payment ? 

A* In February. 

Lord Ellenborougk. At what time in February. 

A. Mr. Johnstone sent me a letter on the 22d of Febru- 
ary, erickfsing a letter to him from Mr. De Berenger. 

Mr. Scarlett. He sent to you, on the 22d of February^ 
H letter he had received from Mr. De Berenger ? 

A. He did. 

Q, Did you keep thef letter? 

A. I dld^ here it is (producing it). 

Ijord'ElIenborough. De Berenger's letter was enclosed 
in one of Mr. Cochrane Johnstone's f 

A. Yes. 

Q. Were the letters by the post ? had they any post« 
mark upon them ? 

A. No ; this letter was delivered. 

Q. The delivery and date were cotemporary with tie 
transaction, namely, about the 32d of February ? 

A. Yes, it was on the 22d of February I received it* 

[r^e letters %gere read, and are asfoUom.'] 



Z3 



356 



, ** i8, Great Cumberkuid-f tmet, 
*' 22d February .1814. 
. "My dear Sir, 

" I have reoeived the enclosed letter from the Baron ; 
and a3 I mean to pay him this week for his pIanS| pray 
let me know, if you have advanced him any money on 
|ny accpuqty in addition to the £.y>j which I p^d him 
on account last year. , You will perceive that he wishes 
a loan of <£.200y in addition to diis sum, and that he offers 
me as security, Colonel Kennedy's assignment. I have 
told him^.th^t if this sum can be of real, servioe.to him, 
I will advance it to him, I will take his note for the, 
ainount; and if he is ever able to repay me, good and 
well ;. if not, I shall have had the satisfaction of serving 
him. 

'^ As I shfdl receive the middle of next month a G90* 
•iderable sum of money, you will oblige me very much, 
if you will have the goodness to let me know^ what it 
would cost me to purchase an annuity for the mother of 
my tliree natural children. I wish to settle £. 200 a year 
i^pon her, and «£. 100 a year upon each of them ; her age 
is 23, past; my eldest boy will be fiveyeara next May,. 
the second boy four years next October^ and the tbiid 
one year next April ; they are all healthy. I have in my. 
will made a provision for them, but I wish to al^ this. 
ixKKie of settlement for them, from motives of delicacy ;to 
my daughter. Miss Cochrane Johnstone, as I would not 
wisU to. insert their names along with her's. . 

^' I will send you as soon as possible the statement about 
Lady Mary Lindsey Crawford, to enable you to give the 
answer to''the bill in chanceiy. 

'' Pray settle my account with Dawson and Wratttslaw, . 
as I wish to dear off all demands upon me as soon as 



557 

j^ssible. Whatever sum you say they ought to receive,' 

I will pay them. I hope you are expediting the Wen- 

^over papers. 

Believe me to be, 

Addressed to my dear Sir, 

Gabriel Tahourdin, Esq. yours respectfully, 

Kiog's Bench Walk, * ,J. Cochrant Johnttane/^ 

Temple. 



*' London, Pebmary S2d 1814. 

« My dear Sir, 
* I beg to assure you, that I would not have com- 
plained to you of the disappointment and inconvenience 
which Colonel Kennedy's unreasonable delay of completing 
the purchase of the share in the oil patent created, had it 
not reached your ears from other quarters. I cannot agree 
with you, that his ** y/fsnt of cash'' is a sufficient excuse ; 
because in that case, he ought to have stated that instead' 
of artificial reasons. Had he completed his contract at 
the price agreed on, namely, £. 1,500, 1 should be liberated 
from this place, and be able to equip myself for the 
American expedition (which I do not relinquish) without 
eocfoacbing on any friend* 

^ You have often kindly pressed me to let you know 
vdiat would satisfy me for the .two plans, MS. &c. con- 
nected with them. I really have never made a charge of 
this Und| and am at a loss how to calculate, much less to ' 
make a demand ; but those who can perceive the labour, 
time, difficuhies and contrivance, which the awkwardness 
of the ground created, may better be able to say, if £. 250 
for every thing, is unreasonable* At all events, it is not ' 
a charge, but I leave it to you ; and in case you deem it ' 
extravagant, am' ready to submit the whole to the valuation 
of «ny^<)ompetent person* Wliat regards the drawihg, 

Z3 



358 

planning ^nd supeiintending^^ DonovaU; and tl^ brass-cntteiv 
in cofnple^ing the two pieces of furniture, I am /determioje^ 
not to accept any thing for ; these you must (fprgivQ a 
strong word) do me the. favour of accepting. 

^* Should Coloi|«l K. not. come to town, 1 shall fed 
greatly obliged by your assisting me with the above sum, 
rx\ the oouiye of a week. Pray favour me by calling on 
Mr. G.Tahourdin, in order to see the conditions .of the 
assignment, which lays there, executed by me. He will 
also show you the Colonel's extraordinary letters, and all 
my wswers ; at least I imagipe that he has, if not all, most 
of them. 

*' Could I in the course of seven or eight days (ip addi- 
tioq to the ^.250, procure about i^.soo, either from th^ 
Colonel o;: from you, on acpount of Coloqel K's. £.iy^fio^ 
fpr wliich you might hold the assignment as a sepurity, 
I should be enabled to propeed imn^ia^ly to the T^oa- 
i)ant; for I still thinly Lord Cochran^ might obtain leay^ 
fpr my. going on board, i^tall ev^ts; I yet have bopesy 
t||iough his lordship seemed in doubt \ perb^^ps you wiU 
obligingly urge his endeavours. I fear a much g?:eat€|^ 
di^cuUy, for I h^ve \ie^A it hinted, that some creditocs, 
fearful of my going to A^nerica (which I have too cj^nljr 
talked of), contemplate to lodge detainers against me^ 
Among these however, Mr.Tabourdiii is not\ for I tho|igbt 
it my duty to tell him, and be handsomely consented to 
my endeavours agaLost 4)n^ri<^ 1^ ^be only means to 
recover from my many losses. 

" My plan is to go on board, if pos^ilile,^ith a view to 
begiQ to drill the marines ia rifle-shooting and e^^cise, 
and any of the crew in sword, pistol and pike use ; if my 
creditors pursue me there, I could diaw fox th^ ^balaacf of 
£'9QCt, to silence some of thez^ (I mean after taking from 
£• ^>5^} ^•SQp, to refund to you, in case you npw qbligf 
me with an advance, and «£.4oo,.to protect my fi^uiiti^a 



S59 

tbr (he ra}e^)f and if dm cannot be completed with die 
Cdonel time enough, and for which reason I flatter myself 
that you will assist me with your friendly interference, 
I see but one mode, that of going abroad die moment 
I find my creditx)rs hostile ; for although I may find £.350 
to «£.4oo, to pay the rules, I cannot find means in haste 
to satisfy the rest, although I have offered to assign con* 
0iderable properties. In the latter case, might I not from 
abroad proceed to America, there to join the Admiral, as 
a volunteer, and at my own risk. 

^ Forgive my anxious and tedious snggesdons, which 
your own feeling heart, and friendly interest in my future 
successes, have in some degree courted, and grant me 
your pardon for not attending to your good humoured 
hint about long letters. Even should you refuse my 
request, in regard to the <£.200, I shall be thankfril for 
your reply ; but if it should convey your consent, the sum 
shall immediately be employed towards the honest but 
hazardous service of your country, aldiough it hesitates 
by proper rank, and otherwise to encourage my loyal, and 
I trust zealous endeavours. Forgive the sound but frank 
style of this letter, owing to disappointments which would 
be intolerable, if the recollection of your kindness did not 
curb and relieve him, who must ever gratefully subscribe 
himself with unalterable esteem, 

dear Sir, 
your faithful and obliged^ 
To the humble servant. 

Hen. Cochrane Johnstone^ C. R. De Berenger^ 

9^, 8cc. tec. 

P.S. Apropos, — You have paid me ^.50. on account;— 
piay I trouble you to tender my most respectful assunmces 
to Miss J.; that I hope most sincerely to hear that her 
indisposition discontinues. Should you no longer want 

Z4 



360 

the books, perhaps ihe |>earer inay bringVthem. WiD 
lowness of spirits be received as an apology for this 
slovenly letter and crippled sheet ? 

Lord Ellenborbugh. This doeis not appear to have come 
by the_twopenny post ? 

JIfr. Park. No my Lord ; but there is an indorsement 
upon it. 

Lord Ellenborotigh, De Berenger was in the King's 
Bench ; he had not. servants to send with it ? 

Mr. Park. Yes, my Lord ; it is sworn to by the Davidsons; 
that he had a man and a woman servant. 

Lord Elletiborough. Probably he sent one of them, as you 
propose to call them, peihaps they may prove that. 

Mr, Scarlett. There is a reference in that letter to an 
assignment of some property that De Berenger had ? 

J. Yes, 

Q, Was such an assignment prepared at your office? . 

ji. It was ; it was an assignment from Mr. De Berenger 
to Colonel Kennedy. 

Q. What was the subject of the assignment? 

Jl. It was an assignment of a share of a patent. 

Jfr. Gitmey. We are getting so very w^ide of evidence, 
that I must object, which I am very loth to do. 

Mr. Scarlett. There was something referred to; that 
might be a security to Mr. Johnstone. * 

Lord Ellenborough. That refers to something which is 
the real thing ; that is all you can prove by this witness. 

A. Yes, it does, my Lord. 

Mr. Scarlett. Mr. Johnstone having written you that 
letter which has been read, to ask your opinion about De 
Berenger, did you state to him what was your opinion, as 
to his power of extricating himself? 

J. I had some conversation with Mr. Johnstone, as I 
had bad several times. 



361 

' Q, In oDBseqnence. of the letter which has jntt been 
leadJ 

A. Yes; I replied to the letter shortly, and I had con- 
versation with him in consequence. 

Lord EHenboraugh. Do yea know whether Mr- Johnr 
stone made any answer .to the lett^? 

jt. To the Baron ? I really do not. 

Mr. Scarlett. Is that your answer to Mr. Johnstone} 
(Aewing a letter to the tmtness.) 

A. Yes, it is. 

Mr. Scarlett. If your Lordship will allow that to be read. 
' hord EUenborongh. When did you write that? 

A. I wrote that the 23d of February, the day after I 
rec^ired the letter. 

Q. It is addressed to Mr. Cochrane Johnstone. 

A. It was sent to Mr. Cochrane Johnstone. > 

Q. How came your answer to be in your hands ? * 

Mr. Scarlett. It was handed over by us just now; it 
was given me by Mr. Cochrane Johnstone's attorney. 

[Tluletterwasread, as follows:} 

" My dear Sir, 

** In reply to your favour of yesterday, I beg to in- 
form you, that the only sum I have paid the Baron on 
your account, since you advanced him the ^.50, is a trifle 
of about £. 7 or £. 8, which he paid for the printing of Ibe 
{NTospectus's of Vittoria. You are very kind in assisting 
him so much ; I have done it till my purse is empty ; but . 
had it been otherwise, I would still have assisted him to 
thc^ extent of my means, notwithstanding the little foolish 
difference between us. 

^' I will attend to your wishes respecting the annuities, ' 
I will settle with Dawson and Wrattislaw as speedily as 
possible. 



562 

^ Tbe Wendovef l^iuioefis is proeeediog ; but I am 
awkwardly circumstanced^ not having all the documeotf 
Wqt^ me; in Lady M. Ii. Crawford's business, 1 should 
wbh to attend with you on the spot Pray exense baste« 

J am, dear sir. 
Temple, * yoor's faithfully, 

S3d Feb. 1814. GaV Tahourdin: 



.» 



Lard Ellenbortrngk. Where is the cover of this letter t 
Ae cover should be produced, for letters of this sort may 
1^ writleq after tbeir date, and ope wishes to have some 
external thing that canpot deceive ; there is no post-mark 
|o arQF of thfiw letters, 

Mr. Scarlett. Did you write that letter on the day oq 
which it bears date? 

A. Yes, I did ; it was not sent by tbe post, I believe j I 
cannot charge my memory, whether it was or not f 

Q, I see there is a lady alluded to. Lady Mary Craw* 
furd I^indsey ; was she % tenant to Mr. Cochrane Johiw 
stone? 

A. No, she was ROt a tenant; she had purchased a 
house of his. 

€^ There was a business to settle with her ? 

4. Yas. 

Q. Do yon know the fact, that in consequence of this 
fofvespondence which haa been read, Mr. Johnstone did 
^y Mr* X)e Berenger any sum of money ? 

A\ Only from the parties having acknowledged, the one 
tbe IwriQg paid it, and the other the having received it. 
^ Q, Yoa werq not present when the money was paid { 

A. No, I was not. 

Q. Waa tbere any receipt taken for the money I 
. 4n y^ there w«|s, 

Q. Did you take the receipt i 

M. No| I did not. 



Lor4 Effe^bprquffi. Did yoa fee it ai t^M^ tMpMe;x>f |ht 
veceipt ? 

A. There were two receipts at the tf^^. 

(2. Dp you koow of its exbt^oce, \if,^ewflg i^ at ^ 
time whea it purports to bear d^te i 

J. A little afterwards ; a few dajw aftenrardfp 

Q. When did you first see it? 

A. A few days afterwards; I really belieye the ^.50 
feceipt I handed myself to Mr. Jo)ui|tone^ but I camiot 
qb^U'ge my memory with it* , 

Lord EUenbQr(nfgh. You s^w it ia ,ti|^ tR^^ of 
^ebruaryi or when? 

J. Tiie £,50 receipt, which was in September or Oc« 
tober, I believe I handed oyer to Mr. Johnstone myself; 
the other I did not. 

Mr. Scarlett. When did you first see the other re- 
ceipt ; was it in February i 

A. I think within two or three days after it was glv^ 

Lord Ellenborough. Have you both the receipts there! 

JIfr. Scarlett. We have, my Lord. 

Lord Ellenboroughm Then hand tbem in, if he provep 
|hat he saw them about the date? 

A. This receipt of the 20th of September 1S139 1 handed 
in^self over to Mr. Johnstone, 

[It was read, asfoUowt.'] 

** London, Septf 20, 1815. 

^' Received of the Hon^ Cochrane Johnstone, the sum 
of fifty pounds (by the hands of 6ab> Tal^ourdin, Esq.) on 
accpunt of large plans, &c 

'' C. Random Dm fierp^* 

^■50 

Mr. ScgrUtt. You have another receipt in yenrlmiids^ 
that bears date the 26th of FebCMiy i 
A. Yes. 



364 

Q.> That iiKMiey did not pas» through your hands ? ^ 

A. No. 

Q. When did you first see that receipt? 

A. In three or four days afterwards, when Mr Johnstone 
called upon me ; Mr. De Berrager and I Were not at tiiat 
time upon favourable terms ; that will account for my not 
haying delivered it over to him. 

\h was read, as fottowsJ] 
^ *' London, February the 26th, 1814. 

'* Received of the Hon*** A. Cochrane Johnstone, the' 
Slim of two hundred pounds, being the balance of some 
drawings, plans and prospecti, delivered. 

^',200 '' C. R. De Berengef.^ 

Mr. Scarlett. I observe, that in that correspondence 
there is mention made, besides the payment of ^. 250 of 
a loan of <£. 200? 

A. Yes. ' • ' 

C- Were you present at the passing of any money ? 

A. No, I was not. 

Q. When did you first see that paper ? (handing one to 
the witness.) 

9 A. I saw it at the same time with the last receipt for 
^.200. 

Q. What is it? 

A. A note of hand for <£.26o. 

CL You saw that two or three days after it bears date ? 

A. Yes^ I did, 

{Itjvas read as follows^ 
i:.2oo — — ,, London, February the 26th, 1814. - 
'^ Six Months after date, I promise tp pay to the 
Hon^'^ A. Cochrane Jcdmstone, the sum of two hundred 

P^™^^- " C. E. De Berenger."" ' 

Payable at Gab" Tahourdin, Esq. 
W 8, King's Bench Walk, Temple. 



;365 

Mr* Scariai. With roipectto those letter yoa iHsceiired 
from Mr. Johnstone, do they contain your indorsement 
upon the back of them? 
Jlk I think they do« • 

Q. Is that your handwriting upon the back of that 
. leUer i (shewing it to the witness.) 
A. Itis. . . 

Q, Was it written by you at the time you received it? 
Jl. Yes, 

Ijord EUenborough. What letter is that i 
A. The letter of the Baron to Mr. Johnstone, of thci 
3id of February. 
Lord Ellenborough. You wrote it on the same day i 
. A» I cannot say on the same day, but within a fevF 
days ; when I doubled up the papers that lay on the tables 
with other documents. . . . 

Mr. Scarktt. Is it your habit, when you lay letters by, 
t to endorse the date. 

A. Yes, uniformly; but not. on the day of receiving 
. them ; I let them lie till they accumulate unpleasantly. 

Lord Blienborough. If a man sends you letters enclosed 
• from other persons, do you indorse tlie letters sent to yoa 
inclosed; that is no part of the correspondence. with you? 

A. No, it is not* 
. a Then I should apprehend^ you would not usually 
doit? 

A. I have done it differently ; I have said '^ Se Berenger 
. to Jdbnstune.'^ 

CL But you give it a date i 
A. I have dated it above those words, as usual. 
Q. When you receive a letter, you authenticate the pe- 
riod of receiving it, but not the date of a letter reoeivad 
by another. 

A. I generally do; I enclose it iu the lett^y.to.wliicb 
it refers. 



^^66 

Mt. Sd^kH. Wat it so done in Mi iiistaoce f 
A. It WM. 

iMrd Ellenbofvughi Have you aily letter^book ? 

A. I do not keep a letter-book ; but I keep my' letters 
fHitf regularly tied up*. 

Mr. Scarlett. You hav^ heard the eontents of the l^tlief 
from De Berenger to Mr. Johnstone read. 

A. Yes4 

Q. That refers to some documents in yourbands^ to 
serve as a security to Mr. John^one, in case he should 
le^iretbem? 

A. Yes. 

Q. Is it your usual practice, when letters of that sort are 
sent to you, to make the sort of endorsement yo^ have 
done when you lay the letters by f 

A. It is* '• 

Lord Ellenbahnlgh. 1 only asked him as to the inclo- 
sure. If I received a letter, I should endorse the date of 
my receiving it as authenticating the feet ; but I should nol 
put the endorsement of the ddte upon the enclosure, for 
I know nothing of the date, whether it was received on 
diat day or not ; the gentlemen of the jury know whether 
tliot is the habit of business or not* 

A Juryman. Is the date you have endorsed upon the- 
etielosure, the date of your receiving it or tbe date of die 
letter? 

A. Tbe date of the letter. 

Lord Ellenborough. Certainly it is not regulsa^ to au- 
thenticate the date of a letter, to which you are not privy ; 
that is all my observaticii upon it. 

Jf)*. Scartett. Besides those plans you nmv produce, do 
fdfix know whether there were other and subordinate plana 
drawn for the details of that same scheme i 
• A* Yes, ^ert werct 



367 

iExamined by Mr. Pari.} 

Q. You have been a great while the attorney of Mr, De 
Berenger, and known to him I 

A. Five or six year&, 

Q. Were you known to him before you Were knowa txi 
Mr. Cochrane Johnstone i 

A. Yes. 

Q. Did you become security for the Rules for this gen« 
deman before you knew Mr. Cochrane Johnstone ? 

A. Some months. 

Q. Then it was not at Mr. Cochrane JohnstOne^s desire 
that you became a surety for the Rules for this person ? 

A. Certainly not. 

Q. Was Mr. Cochrane, who, I understand from Mr. 
Brushofty was your co-surety, any relation of Mr. Coch- 
rane Johnstone? 

A. No. 

Lord Ellenborough, That has been proved over and over 
again ; nobody made an observation upon it. 

Mr. Park. I beg your Lordship^s pardon ; there could 
be no other motive, I conceive, in calling Mr. Brushoft. 

Lord EUenborough. I understood him to be called' to 
pmve, that Mr. Tahourdin was a surety for the defendant ; 
I nevcv heard an observation made upon Mr. Cochrane, as 
being a relation. 

Mr. Park. Are you acquainted with the hand-writing of 
your client, Mr. De Berenger ? 

A. Perfectly. 

Q* That letter, or those letters lying before his Lord- 
ship, which have been proved, I think you say they are Kis 
Jband^writing ? 

A. There is only one. 

Q. HsLve you ever seen that letter before you saw ityes« 
terday ? (handing to the witness the letter sttU to Admirai 

Poltjf.y 



368 

A. Never ; I ju«t saw it yesterday, and that was all. 

Q. Upon the knowledge you have of the hand-writing 
of Mr.De Berenger, is that, in your judgment, the band* 
writing of Mr.De Berenger or not ? 

A. Certainly not. 

Idwd Ellenborough, Be upon your guard. 

Mr. Park. Be upon your guard, and look at it attentively. 
You have many many times seen and read his letters i 

'A* A thousand times, and received a thousand letters 
firom him. 
, Q. And you da not believe it to be his hand-writiag i 

A. I do not indeed ; it is not his hand-writing.. 

Lard Elknborough. That is the Dover letter? 

Mr. Park. Yes it is, my Lord. If your Lordship will 
took at that and the other letter, you will see a marked 
difference. 

[Tie witness compared the two letters.} 

Lord EUenborougk. The gentleman may look at the two 
letters ; but that furnishes no argument, for a person would 
ctertainly write a disguised hand at that time, if ever be did 
in his life. This gentleman does not go on belief that it is 
not, but he swears positively that it is not his hand-writing. 

Mr. Park. Certainly, my Lord; and there is, on tl^e 
other side, only Mr. Lavie. This gentleman having seen 
Mr. De Berenger write a thousand times, and received a 
thousand letters from him. Do you, in your judgment and 
conscience believe, that that is a disgqised hand of Mr. De 
Berenger? 

A. 1 do not. 

A Juryman* Why did you take the two letters op to com- . 
pare the two hand-writings, if you had no doubt m* your 
mind i 

A. I had no doubt at all of it. 

Lord EUenborougk. Why did you compare the two than i 

A. I wished to be circumspect j but if my life rested 



369 

tipdn it, I should sAj, thin is not his hUnd-writingy acCord«' 
ing to my belief and judgment. 

MnPark. What has been^ for the number of years y oil 
hav'e known this person, his general character t 

A. I have always considered him a man of strict honour 
and integrity. 

Q. We have heard he has been in difficultits i 

A. He has been. 

O. And he is a debtor of yours i 

A. Yes, he is a very large one. • 

Q. To what amotmt have you trusted him ? 

A. To the extent, I believe, of about «£. 4,000, and 
upwards,' besides my professional claim. 

Lord Ellenhorough. In money. 

A. Yes, in money. 

Mr. Gurneif. I only want to ask Mn Wood as to thi$ 
road book. 1 believe it has been identified before. 

Lard Ellenhorough. That was put in yesterday. ' 

Mr. Jones. I had it yesterday in my hands ; it was put 
in by Mr. Wood. 

Mr. Gurney. I wish to shew Mr. Tahourdin the hand« 
writing in that book. 

Lord Ellenhorough. The hand-writing in that road book 
certainly was as extremely like the Dover letter as ever I 
saw any thing in my life. [The road book was handed to 
Mr. Tahourdin.'] 

Cross-examined by Mr Gumey. 

Q. Have the goodness to look at that pencil-writmg in 
that road book ; do you believe it to be Mr. De Berenger's 
hand-writing. 

Lord Ellenhorough. Now be upon your guard. 

Mr. Gumey. Look at both pages. 

[The witness examined it.l 

A. Some of it appears to be more like his hand^writing* 
than* the other part. . ' 

Aa 



370 

Q. 00 hot you believe it all to be his band^writing I 

jI. No, I do not indeed. 

Q. Ho'w much of it do you believe to be his band-wri ting. 

Lord Eflenbarm^h. State the parts where you think 
the likfineds en^, and "vrhere you think somebody ^Ise has 
taken up the pencil and written a part of it. 

J. That looks more like his hand-writing [paitUing it outi 
but it is not the general writing of Mr. De Berenger.. 

Mr. Gttmey. How much of it do yon belicTe to be his 
Ivriting ? 

ji. Some part of it looks more like his writing thait 
dtber part. 

Q. Is there any part which you beUeve is not i 

A. The writing part is not at all like his writing. 

Q. I ask you as to nothing but the writing part? 

A. Some are figures* 

Q. Looking at those two pages^ you say it is not all bis 
badd-writing i 

A. Noy I do not think I did. 

Q. That was your first answer ? 

Ijord ^Uenborough. Yon said ^' There is some more 
like his hand-writings but I do not believe it all is." 

Mr Ounuy. How much is there of it that you do not 
beliefe to be his writing. ' 

A. Some of the letters look like his band-writing. 

Q. How much or how little of it do yon think to be 
his hand- writing i 

A. The smaller parts look like his hand-writing. 
• Q. Now I ask you upon your oath, have you any dpubt 
of the whole of those two pages having been written by 
the same hand ? 

A. Upon my word it is difficult to say. 

Q. Not at all so ; I have looked at k attentively, and 
I know it is not difficult to say; do not you believe it all 
written by the same hand ? 

[The witness examined it again.'] 



371 

Lard EUenborough, You can say whether ypu belie.? e it 
to be De Berenger's hand-writing ? 

A. Upon my word, I really do not know wliat to say^ 

Mr. Gumejf. I am quite content with thfU answer i 
. hord EUenborough. Mr» Park^ would ypu lil^e to Jook 
at the Dover letter? 

Mr. Park. I am no judge of hand-writing, my Lord. 

l^rd ElUnborot^h. That may be a concealed haad- 
writmg, and I should think it extremely likely. 

Mr. Park. I mean to call other witnesses to this; I have 
nothing to conceal in this case f 

Lord Elknbqraugh. No ; you annotinced to us that you 
flatly contradict the whole of the story as to Mr. De 
Berenger. 

Mr. Park. YeB, I do my Lord ; I observe this is aQ 
pencilling which has been shewn to you ? 

A. Yes, it is. 

Mr. Park. Is this pencil writing in the same kind of 
character that a man writes when he writes with pen and 
ink ; are you enabled to say from your knowledge of the 
hand-writing, whether it is or is not i 

A. That it is which puzzles me more than any thing, its 
being in pencil. 

A Juryman. We should like to see tliat road book. 

Mr. Park. Does your Lordship think the jury have a 
right to see that > they cannot take it for the purpose of 
Comparing with any thing else i 

Lord EUenborough* It is in evidence, being found in the 
desk of the defendant, they may look at each, if they 
please* 

General Campbell, sworn* 
Examined bif Ifr. Brougham* 

Q. Do you know Mr. Cochrane Johnstone I 

A* I do. 

Aa 2 



372 

Q. Bid you meet him in the month of September &t 
October last, at a meeting or bunt in Scotland i 

A* I met him the second weeki I think in last October, 
at the Perth meeting. 

Q. Did he at that time shew you some plans and pro- 
spectus of the new place of amusement^ in the nature of it 
Ranelagh ? 

A. I saw in Mr. Cochrane Johnstdne's hands, the pro- 
spectus of a new public place, he called it, to be erected 
in the Regent's Park, or the neighbourhood of the 
Regent's Park. 

Q. Do you recollect the name he gave to it ? 

A, I think he called it Vittoria. 

Q. Will you look at the prospectus, and see whether 
that is the same ? [TAe proipectu$ n^as sIiMn to the Tvitness.'] 

A. I believe this is a copy of the same that I saw. 

Q. Look at the plan i 

A. He did not shew me the plan. 

Q. Did he shew this prospectus, and communicate td 
other persons at that meeting upon the subject of it, a» 
well as you ? 

A* I cannot speak to that; he commtitiicated to me in 
my own apartment or his own, I cannot recollect whicb« • 
[Mr. Hopper was called, but did not answerJ] 

Mr. Serjeant Best, This gentleman was taken very ill, being 
Itcpt here last night ; if he comes by and by, I trust your 
Lordship will permit him to be examined out of hjs turn. * 

Lord Ellenborough. Certainly, at any period. 

Mr. Serjeant Best. That is the case of the three de-^ 
fendants for whom I appear. * 

The Right Honourable the Earl of Yarmouth swom^ ' 
Examined by Mr, Park. 

Q. You are I believe, or were, the Colonel of the Duko 
of Cumberland's sharp-shooteis ? 



373 

A* Lieutenant-colonel commandant. 

Q. It is called the corps of sharp-shooters ? 

A. Yes. 

Q. Captain De Berenger was adjutant of that regimentj 
iras he not ? 

A' He was a non-commissioned officer, acting adjutant, 

Q. How long have you known IVf r, De Berenger ? 

A. Ever since a few days after I was elected to command 
that corps ; that was in the beginning of the year 1811 ; 
1 cannot fix the day,, very early in that year I know it 

WW. 

Q. Has your Lordship had opportunities of seeiqg 
Mr. De Berenger vnrite, or of receiving letters from hiip, 
and of acting upon those letters from him. 

A. I have received a great many letters from him, and 
have seen him write occasionally. 

Q. And you have seen him, probably, on the subject of 
the contents of those letters ? 

A. Very frequently ;' two or three times I have seen 
him alter the regimental orders, and have receivecj very 
many letters from him. 

Q. Aye yoiij, from that opportunity that you have de- 
scribed, in a capacity to state to his Lordship and the 
jury, whether you are acquainted w\th his character of 
band-writing ? 

A. As well as I an^ with that of any other gentleman 
with whom I have been in the habit of correspondence.. 

Q. Then, not knowing wh^t your Lordship's igiswer m$iy 
te, I will trouble your Lordship to look at that. — \The letter 
sent to Admiral Foley was handed to Ms Lordship. 

A* I will re^d it through, if you please. — \His lordship 
read the letter.] 

Q. Supposing you had heard none of the circumstanctt 
which this trial has brought to every body's ears, and of 
Vhicli your Lordship has heard so much yesterday ; frqni 

Aa 3 



374 

the character of the hand-writing of Mr. De Berenger, 
should you have believed it to be his hand-writing ? 

A. Certainly not 

Your lordship, I believe, knows that in the month of 
July, this gentleman was very urgent and solicitous to go 
out as a sharp-shooter to America, with Sir Alexander and 
afterwards with Lord Cochrane ? 

A. He mentioned to me one day, when he came to n^e 
on the business of the corps 

Q. Was that in January ? 

A, I think so ; but 1 cannot swear to the date; he meur 
tioned to me, that he had very nearly arranged to ga out, 
' to drill the crew and the marines on board of the Tonnaat. 
I thought he mentioned it in a way to suggest, that be 
wished some little additional influence, and I got rid of the 
thing. 

Crass-Examined by Mr. Gumey. 

Q. The writing of that is larger than Mr. De Berenger 
usually writes ? 

A. Certainly, it is longer. 

Q. The chaiacter of the letters is longer ? 

A. Oh, certainly ; it is a very round small hand he 
generally writes, and a very pretty hand. 

Q. Will your lordship look at that letter, and tfcU me, 
whether you received that letter at or about the ^m^ that 
it bears date ? (shoeing a letter to hii lordship,) 

A> Yes; either the day it bears date, or tk^e dayin^- 
mediately after it. 

Mr. Gurney. I request Mr. Law will mark that letter'; 
the date of it is March the 19th f 

A. I believe I marked the cover, 

Q. Will your lordship have the goodness to look at the^ 
hand-writing in that road book (shewing it to his lordship)^^ 



375 

tiuit I believe is larger than Mr. Be Bcrengcr's usual 
writing, is it not f 

A. I think it is; some piirt certainly does not look 
larger ; it is less round— ^it is more angular. 

Q. Does your lordship or not, believe that to be Mr, 
De Berenger^s hand- writing ? 

Jl. lam not sufficiently conversant with band-writings 
to wish to swear to an opinion either way. 

Re-examined bt/ Mr. Park. 

Q. That is jn pencil i 

A. Yes. 

Q. With respect to the letter in question, although it 
is of a larger description than Mr. De Berenger's usual 
writiugy does it appear to your lordship to be at aU a 
feigned hand, as disguising the real hand ? 

A. Another question t6 which I am not competent to 
give an answer ; if I was tq look through the letter-— there 
is one letter which creates a suspicion, but I should never 
have suspected it on axursory view of the letter ; it is the 
letter R before Bu Boturg, but that I should have never 
looked at or suspected ; that looks more like his hand-r 
writing than any other part ; it looks like the way in which 
be makes the R of Random, 

Q. Does your lordship mean the large capital R^ or the 
litUer? 

A^ The large capital R is the only letter I can «ee that 
looks in the least like his hand, 

Q. Your judgment upon that letter, upon the whc 
inspection of it, is, that it is not his hand-writing ? 

A^ 1 should never suspect it, except fcom tlxat letter^ 

Lfn'd EUenborough. It is a larger character i 

A. Yes, it is a fuller character, 

Q. It is a stiffer character, and more upright ? 
Aa 4 



S76 

A. It is less upright^ I think^ than his ; it is morti 
angular and longer. 

Lord Elknborough. That is his usual writing, is it not i 
(skemng another letter to the witness.) 
' A' Oh| yes ; certainly, I am perfectly fiuniliar with 
that. 

' , Lord EOenborough^ You are certainly borne out in your 
observation upon the letter; look bX that letter R again t 

A* It struck n^e qn reading the letter. 

Q, In what manner an artificial letter may be written, 
8o as to disable a person from saying whether it is the 
hand-writing of a certain person, you cannot say ? 

An I am perfectly incompetent, as I informed your 
lordship and the jury before, to give any judgment upon 
that. 

Q. What is the uniform of your corps ? 

A. The uniform is, the waistx^oat green, with a crimson 
caj)e. 

Q. A bottle green, is it not ? 

A. Some have got it a little darker than others, but it 
should be a deep bottle-green with a crimson collar ; the 
great coat is a waistcoat with black fur round it, conse- 
iquently no crimson collar. 

Q. The body in your uniform is not red ? 

A* It is deep bottle green. 

A Juryman. A jacket or coat ? 

A. It is a waistcoat, very like the light-horse uniform. 

JLo/d Ellenborough. It is almost unnecessary to ask you, 
whether the members of your corps wear any decorations j 
a star or a cross ? 

A, When in uniform, some wear medals that they have 
gained as prizes given by the corps ; they occasionally 
wear them hanging by a ribband. 

Q. You wear, no such decorations as this ? (sketcing th^ 
star to his lordMp.) • ^ 



«7T 

' A* Na, certainly not, 

'. Q. Supposing a gentleman appeared before you in. aq 
aid-de-camp's uniform, with that star upon his breast, and 
that other ornament appendant, should you consider that 
iras a man exhibiting ihipiself ii| the dress of your sharp-, 
shooting corps? 

A*. Certainly not 

Q. If a sharp-shooter belonging to your corps pre- 
sented himself to you in that dress, yon would think it a 
yory impertinent thing f 
. A. Certainly. 

Mr. Sajeani Best. As Lord Yarmouth has been called 
*by the. defendant, De, Berenger, and has given evidence 
viiich may .affeict Lord Cochrane, we conceive, we submk 
we have a right to make an observation upon it. ' 

A Juryman. If Colonel De Berenger had appeared 
.before your lordship in the uniform of his corps, wotold it 
have been any thing extraordinary i 

A. Nothing extraordinary; it would have been more 
militaiy that he should do so, though I never exacted it. 

f^apiain Sir Johff Poo Beresfordy saorrn. 
Examined by Mr. Richardson. 

Q. Are you acquainted with Mr. De Berenger? 
A. I have seen him twice in my life biefore yesterday. 
Q. Have you had any occasion to see bun write, or to 
•be acquainted with the character of his hand-writing i 
• A. Never. 

Q. Do you know at any time in the early part of this 
year, or the latter end of the last, of any applications he 
-was making to go to Arnica as a sharp-shooter ? 

A. 1 will tell you the part I took in reference to thiit 

business. In the beginning of February, I paid my ship 

^off ; after that, I met Mr. Cochrane Johnstone in towuj 

who told me Sir Alexander. Coclirane was very anxious' bo 



$hoQld go out iD the Tonnant, to teach die marioes the 
rifle^zerctse. I went to the Horse Guards to ask whether 
toy thing could be doife ; I was told it would be useless to 
apply to the Duke of York ; and I told Mr. Cochmne 
Johustone of ft the day after. I was dressing before 
breakfast, and Mr. De Berenger sent up to say, that be 
was very much obliged to me for the part 1 had taken. 

Q. At what thne was this ? 

jl, I think, the beginnbg of February ; but before Sir 
Alexander Cochrane sailed, I met hiaa «t Mr. Cochrane 
Johnstone's, with Admiral Hope and some ladies ; I think 
that was in January, or the latter end of December; there 
wlire, 1 think, fourteen of us, some of them ladies. Thia 
•pplieadom was after he had sailed. Wb» I ^^enit to Mr. 
Cochrane Johnstone's^ I was to hare met Sir A)e»mder 
'Codirane, but he went to dine somewhere else, and my 
Lord Cociirane came in a^r dinner ; he did aot dine theraji 
but a great mmiy of the femily did, 

Jam^ Stokes sd^m. 
Examined by Mr. Fark^ 

Q. I understand you are a clerk of Mr. Tahourdin^ 
ihe attorney. 

A. Yes. 

CL How long have yon been so ? 

Jl. Between three Biod four years. 

Q. Have you^ in the course of those three or four yeai«» 
had frequent opport\initi^s of seeing the hs^d-wyitiBg of 
Ifr. De Berenger ^ 

A. Daily. 

Q. He has been a client of your n^aster^ and Ym beei^ 
idsisied very mnoh by him i 

A. Yes. 

Q. H«Te you seen him write, as well as seeii^ l^t^m^ 
purportiog to come from him i 

A A creat deaJ^. 



S19 

Q. Be so good as to loolc at that paper (the Dover 
letter )j and tell his lordship and the jury, whether in yt)ur 
judgment and belief, that is the band writing of Mr. De 
Ber^nger ? 

ji. Certainly not. 

Q. look at that, and say whether yon thinlc it rs ^ 
feigned hartd, bttt still the hand-writing of De Berengcr? 

A. It certainly is not. 

Q. Of course, a man can only 'speak to belief and 
judgment when he does not see a thing written ; do yon 
^believe, from yonr knowledge of his hand-writing, that 
that is his writing, eitherfeignedor real ? 

A* Not a word of it. 

Lord Ellenborough. Lootat the letter R ii^ the signature i 

A. It is not like it at all. 

Mr. Park. I mean the large R. 

A. The capital R is nothing like it. 

Mr. Park. It is a singular R t;ertainly, it looks a9 if 
it had been intended for a P and made into an R. 

Lord Ellenborough. It is not at all like that R, i» it 2 
[shewing another letter to the witness.'\ 

A. Noj, I do not (hink it is any thing like that. 

William Smith mom. 
Examified by Mr. Richardson. 

Q. You are servant to Mr. De Berenger ? 

A. Yes. 

Q. How long have yon been his seryant? 

A. Abqut three year^ and a half. 

Q. Do you write yourself? 

A, Yes. 
* Q. During the %\the you have'beeb in his service, have 
you seen him write, and become acquainted with his hand- 
writing. 

4* A great deal of itt 



380 

Q. Is be a gentleman who writes a good deal i 

A. Yes. 

Q. Are you well acquainted with the character of hii 
hand-writing ? 

J. Yes. 

Q. Have the goodness to look that over^ and iixea I will 
ask you a question respecting it, and among other things 
look at the signature at the bottom, R. Du Bourg. — [The 
letter sent to Admiral Foley was handed ta the mt9€ss, and 
he examintd it.} 

Mr. Park. ' Having examined that paper, is that, ip 
your judgment and belief, the band-*writing of yonr maatev, 
Mr. De Berenger ? 
' A. I really believe it is not. 

Q. The whole, or any part of it, 

A* None of it. 

Q. Have you any doubt of that f 

^* I am positively sure it is not his hand*writing. 

Q. According to the best of your judgment and belief? 
' A* According to the best of my judgment and belief* 

Q. You have been his servant three years and a half? 

A. Yes. 

Q. We understand he has lately lodged with a persan 
of the name of Davidson, in a place called the Asylum 
buildings. 

A. Yes. 

Q. Were you with him till he went away ii\ the m<^nt]| 
of February ^ . 

A. Yes. 

Q. That was on Sunday the 27th, was it not? 

A. Yes. 

Q. Do you lemember, whether he wiyi at home 01^ tfa^ 
. Sunday preceding that, that would be \h^ 2qj^i 

A* I perfectly remember it. 

Q. Did he sleep at home on tjf^ &atnr4ay nigh^? 

^H^did, 



S8l 

ti. t)id he go out at any time on Sunday morning t 

J. He did. 

Q« Do yoa remember at ^hat time f 

i^. About nine o'clock* 

Q. Did he come in again after that ) 

J. Yes. 

Q. And go out again ? 

J. Yes. 

Q. About what time was that. 

A. It was near eleven when he came home, and he 
went out immediately afterwards ; he l^as not above a 
quarter of an hour or twenty minutes before he retuitied 
again. 

Q. Did he return again after that ? 

^. Yes, 

Q. How soon after ? 

Ji. About twenty minutes. 

Q. Would that be after persons were gone to church 
that he returned f * 

J. Yes. 

Q. How long did he stay at home then ? 

ui. Till about four o'clock. 

Q. He went out again about font o'clock ? 

jt. Yes. 

Q, Were you at home at the time he went out again^ 
about four o'clock ? 
' A. I was over the way. 

Q. Did you see him ? 

ji. Yes ; I had the dogs out, and was leaning with my 
back against the rail when he came down. 

Q. Your master's dogs ? 
• ji. Yes. 

Q. He kept dogs, did he ? ^ 

jd. Only one ; one was mine ; I was with them opposite, 
on the other side of the road, leaning* against the rail 
facing the door. 



382 

id. What were you doing wiih the dogs i 

A, I generally take them out for occasions. 

Q. Did you see him go oUt about that time ? 

A. I did. 

Q. Did you yourself go out soon after that \ 

A* Yes I did, and my wife. 

Q. About what time did you return home that evening ? 

A. About eleven o'clock, within a few minutes of eleven. 

Q. Was your master at home when you returned or 
jiot? 

A. He wa$ not at home. 

Q. Did he come home afterwards i 

A. Yes. 

Q. About what time ? 

A, I had not been at home, I suppose five minutetf, 
before my master came home. 

Q. That would be a few minutes before qr afterel^en ? 

.4; Yes* \ 

Q. Did he sleep at home that night. 

A. Yes. 

CL What means have you of knowing that ? 

A. The means I have were these; after I came home we 
were down m the kitchen taking omr su^pper, my master 
was in the drawing-room before we had got to bed, I 
beard him going up stairs to his bed-roopi, he ps^aeed my 
room door ; that was not above half past eleven. 

Q. Did be breakfast at home the next mormng, or not« 

A. No, he did not. 

CL Did you see him the next morning early I 

A. No. 

Q. About what time did you see him the n^xt day ? 

A. About three o'clock ; I cannot speak to a mmote or 
two. 

Q. Did you hear or see him go out ? 

A. I did not. 



383 

Q. Yott saw tiun about three o'clock on the Mondaj I 

A. Yes, I did. 

Q. Who made his bed i 

A, My wife* 

Cross-examined by Mr.Gumey. 

Q. Did you let him in i 

A. Yes. 

Q. You opened the door to him i 

^. Yes. 

Q. At a little after eleven^ that nij^t f 

^. Yes, thereabouts^ it might be a little bef<w, qr a 
little after. 

Q. He gave a good loud knock at the door, ia bis usual 
way? 

A. He rapped as usual. 

Q. And his vui4 rap was a i9M4 onis ' 

^. Not over loud. 

Q. liot very geatle ? 

A. Between. 

Q. Between loud and gentle I 

A. Yes. 

Q. And he slept at home that n^ht i 

A* I cannot say that he slept, he w^t to his b6fl-]t^mi 
and the bed whep I went in th^ momtag looked as if he 
bad slept in it* 

Q. Did you see him in bed the next morning i 

A. No, I did not, I heard hiin go into the be4 fooiy. 

Q. You did not see him the next day tiU ihs^f^ Q'oli^ck I 

A. No. 

Q. Did you write that letter to I^prd Yarai^th? 
(shmng a ktter to the wittusi.) 

^. Idid. 

Q. Of your own head i 

A.Ye», 



384 

' Q. No body fomished you with any draught to Whte 
from ? 

A. No. 

Q. Have you your master's military great coat here^ 

A. Yes. 

Q. His military grey gr^t coat ? 

A. Yes ; not in this present place. 

Q. It is at Guildhall f 

A. Yes. 

Q. Now attend to this question, have you not acknow^ 
ledged that your master slept from home that night? 
* A. Never. 

Q. Have you not acknowledged it to Mr. Murray ? 

A. Never. 

Q. I give you notice he is here I 

A. I know he is. 

Q. Now I ask you, did you not on Monday the 21st, 
tell Mr. or Mrs. Davidson, or both, that coming home, 
and n6t finding yoor master at home, you had lefi the key 
for him at the usual place in the area, that he migh%- let 
himself in ? 

A* I did not tell them so, upon my oath. 

QL Neither of thedt \ 

A^ No, neither of them. 

Q. Did yon tell Mr. or Mrs.Davidson that on amy oth^r 
day; did you ever tell them so? 

A. No, not to the best of my knowledge. 

Q. To the best of your knowledge ? 

A. I never told them sO. 

Q. As you did not attend your master on the Monday 
'sMMming, who attended him and brought him his shaving 
things, and gave him the usual attendance of a gentleman \ 

A. He never has any attendance ; I never go to his 
bed room till about half past aght, and sometimes he is^ 
up, and sometimes not. 



385 

Q. Do yoa mean to say, he is a gentleman that w^nts 
no attendance f 

J. Yes ; he cleans his teeth, and washes himself and 

powders his hair, without my being in his bed room. 

Q. He does not usually ring his bell in a morning, 
I suppose, doing without attendance i 

A. Not before he oomes down to breakfast. 

Q, What time does he usuaUy come down to breakfast? 

A. At different hours. 

Q. What is his usual hour? 

A. Sometiotes nine, sometimes ten, sometimes eight. 

Q. Till he comes down, he does not ring for you ? 

A. Nttj seldom. 

Q. He is a very quiet, a remarkably quiet man in his 
lodging? 

A. I never knew him to be otherwise. 

Q. Not a person walking about, or making a noise of. 
any kind? 

A. Not making any disturbance ; he walks about very 
much. 

Q. Your master finally left his lodgings on Sunday the 
27th. 

ws. Yes. 

Q. Do you remember your paying or changing a fifty* 
pound note with a Mr.Seeks? 

^. I do. 
* Q. From whom did you receive that fifty^pound note ? 

A. Mr. De Berenger. 

Q. On what day did you receive that i 

A. On the 87th, Ithink it was. 

Q. On the Sunday? 

A. Yes; I think it was. 

Q. The day he went away ? 

A. Yes ; I think it was. • - ' 

B b 



386 

. Q, Wken be went awaj, he took his thuigs to Ibe 
Angel Inn^ St. Clements. 

^. I took them for bim. 

Q. For him to go into tbe countiy f 

J. Yes. 

Q. Did you receive no more than fifty pounds from hina { 
did you not also receive a twenty pound from him I 

4. I did not; not the same day. 

Q. What day did you receive that twen^ pcyunds ? 

ji. I cannot positively say. 

0. Was it a day or two befoie he went away f 

J. Yes. 

Q. Did you receive also a two pound £rom hitfi I 

Jl. I do not jeecoUect. 

Q. Did you receive and give to any person, of tbenavse 
of Sophia, thirteen pounds from himf 

^. No ; I gave none to Sophia. 

Q. Did you see him give her any thing i 

A* Nc^ I dad not^ if I was in ^ room I did«ot 
notice it. 

Q, JDo *yon know any person of the nane of Hebden, 
or Heberdine i 

A. No. 

Q. Do jou ismember, the day bcfiove ydot master finally 
went away, Mr. Cochrane Johnstone calling with a lettar { . 

A. I do not remember that; I was not at home* 

Q. Upon your oath, did not a gentleaian call tbcoe, who 
you told Mr. Davidson was Mr» Cochrane JohostoBe I 

A. Upon my oa^ I was not at home; abetoU. me a 
gentleman called there, omI giving a descripliani <tf hiw^ 
I said, most likely it was Mr. CochraneJobiPtflPCii. 

Q. You knew Mr. Cochrane JiohnaboBef' 

A. Very little. 

Q. But you did know him I 

A* I once saw him. 



387 

Q* Did you not tell her on the Sonday, that if youi' 
master had been at home on the Saturday, when 
Mr. Cochrane Johnstone brought Ihat lett^, h^ would 
have gone off on the Satarddy iiightf 
A* I did not. 

Q. Did yoci not on the Sat»day 6r ttie Sunday ? 
A. I did not* 

Q. Was your master at home all fii^t f(reek> ftoitai the 
2oth to the sjth? 
A. He was not always at hotne. 
Q. He was at hotne every day ? 
A. Yes. 

Q. Ooing out as usual \ 
A. Yes. 

Q. On the 21st, for instance f 
A, The 21st he went out to dine. 
Q. Where did he go to ? 
A. I cannot positively say. 
Q. Did he tell you where be was going to? 
A. I do not recollect. 

Q. Upon yow oath^ did he not tell you ht hsld been to 
Mr. Cochrane Johnstone's? 
A. No. 

Q. You swear that? 
A. Yes. 

Q. Nor that he was going there \ 
A. No. . 

Q. When you came home on the Monday, did you see 
any biad; coat \sx tha ir^otik ? 
A. I did. 

Q. Was that your master^s Uaek coat, or a strangt 
black coat? 
A. A stta6g« black o6al» 

Q. That black coat must havi^ fittlsd jrotn maft^ tastW ' 
weD? 

Bb* 



388 

A. I cannot say, I never saw it oHr 

Q. You brushed it, did not you ? 

A. Yes ; but not on his back. 

Q. Yon are used to brushing his coats ? 

A. Of course. 

Q. Now, a servant used to brush his master's coat, must 
know the size pretty well ; this would be rather a da^rt 
coat upon him, wpuld it not ? 

A. No ; I do not think it would. 

Q. Upon your oath, would it not have been a gceat 
deal too long ; was not it the coat of a man six feet high? 

A* I did not know who owned the coat. 

QL. I did not ask you that ; but was not that the coat 
of a gentleman six feet high? 

An I do not know. 

Q. You are not competent to say what sized man that* 
wonld fit ? 

A, That coat would fit me very well ; it is rather wide. 

QL. Not at all too long for you ? 

A. No, not at all. 

Q. Y^ou have seen Lord Cochrane, have not you t 

A. Never in my life, to my knowledge. 

Q. You have sworn some affidavits, have you not ? 

A. I have. 

Q. Did you draw them yourself? 

A. I did. 

Q. Without any assistance ? 

A^ Without any assistance. 

Q. Whom had you seen before you drew them ? 

A. I cannot say who I saw, thousands* 

Q. Upon that business I 

A, Nobody. 

Q. Before you made that affidavit, you had aot seei» 
any body upon that business I 

A. No. 



S89 

Q. Not Lord Cochrane ? 

A. Never in my life. 

Q. Nor Mr. Cochrane Johnstone ? 

A. No. 

Q. Nor Mr. Tahourdin ? 

A. I saw Mr. Tahourdin, but he did not know of mj 
making the affidavits; I told Mr. Tahourdin of my master's 
absence; I went to tell him. 

Q. How soon was that after he left his lodgings i 

A. I cannot positively say to a day. 

Lord EHenborough. What absence do you mean ? 

A, From the 27th. 

Mr. Gumey, How soon after the 27th did you tell himf 

A. About the 7th or 8th. 

Q. Of March? 

A. Yes. 

Q. You swore your affidavit on the 24th of March ? 

A. Yes ; but I drew it out before then. 

Q. And that without any concert with any body what** 
ever? 

A. Yes. 

Q. Merely for the vindication of your master's character? 

A* Y es. 

Q. And when you had done it^ what did you do with 
the affidavit ? 

A. I sent it to have it published. 

Q, To whom did you send it ? 

A. I took it to Mr. Cochrane Johnstone. I found my 
master a very injured gentleman. 

Q. And therefore you took it to Mr. Cochrane Joha» 
stone, to be published ? 

A, I did not take it to be published. 

Q. You gave me those very words ? 

A. He did publish it. 

Q. Did you not take it to be published ? 
Bb3 



390 

A, I did not take it to the printet* 

Q. Did you not take it to Mr.Cocluane Johasttnei 
that it might be published? 

j%» I es* 

A Juryman. Did your master breakfa9t M home oa 
Monday the aiat of Febn^ry i ' ■ -^ 

A. No, be did not. 

Re-examified by Mr. Richardson. 

Q. When was it that you first yaw this black co^t ) 
A. Oa the 2tst of Fdbruajy. 
Q. That was the Monday i 

Q. That was after be came hom^ which, yau ieiy was 
About three o'clock ? 

A. I came home about three o'clock. 

Q, He was aH koxmi 

A. Yes- 
. Q. He vdigt^t have been at hpm^ b^o^e XheaX i 

A. Yes, he might. 

Q. Does your master play on any musical instciment i 

A' He was used tQ do. 

Lord Ellenborongh. I will ask any question iiygn that 
fttl^ed for yoi^ bvt there has bee^np qu^tiqc^puitoQ 
the cross-examination with reference to it ? 

Mr. Park. There wa^ a qiiieirtioi^. Qihoi^ bis b^iog stil^. 

"Lord EUenborough. There was no #fawm to ^luyipal 
initrumenta ; you should bav^ gone thirongh U in your 
original exambation, as it wa^ ta opotradict. their C99e» 
Jjioea your natter play on any musical instrumeqA? 

A» Yes ; both the bugle-hom and vioUiw 

Q. You say Mrs. Davidson described to you n peison 
who called, and that jm wA it mn vmt Uk^ Vif 
Cochrane Johnstone? > 

A. Yes, 



S91 

Q. YoQ kad seen Mr. Cochrane Johnstone f 

A. Yes ; I had iseen him but once. 

Q. This was on Saturday the 96th f 

A. Yes. 

Q. Why did you say it was most likely Mr. Cochrane 
Johnstone i 

A. Because she told me it was a tall gentleman, and his 
long hair very much powdered. 

Q. Having seen him but once, and not being much 
acquainted with him, what led yon to say most likely it 
was Mr. Cochrane Johnstone ; had yem any expectation 
thfat be would come that day ? 

A. No, not the least. 

Q. But having seen him once, you thought it must be 
that, tall man and powdered, whom yo« had seen bot 
once in your life? 

A. I might have seen him oftenar thim tliaty but ftot 
to my recollection. 

Q. What you said was, that you had seen him once I 

A. I had seen him once, I know. 

Q. Had you seen him oftener than that ? 

A. I cannot say; but I once saw him at his own house. 

Q. I supposed you had never seenr fahn birt once from 
your answer ? 

A. I might hare seen him oftener, but I do^ not know 
that I had. 

Q. You are as sure as that you are existing, that your 
master went up at eleven o'clock, or sometime after eleven, 
on Sunday evening the 20th of February f 

A. So help me God;- I am sure he did.. 

A Juryman. Did you see him go n>> or tnAj hear him 
goup? 
* A, I' heard him go up ; i was in my bed room. 

Lord EUenborough. But you let him in? 

A. Yes, I did. 

Bb 4 



392 

A Juryman. You are sure that was on Sunday the izotb ? 

A. Yes. 

Q. Did your master often breakfast out ? 

A. Sometimes. 

Q. Not often, 

A. Not very often. 

Ann Smith sworn. 
Examined by Mr. Park. 

Q. Are you the wife of Charles Smith ? 

A. Of William Smith. 

Q. Were you a servant, with your husband, of Mr^ De - 
Berenger, in February last ? 

A. Yes. 

Q. Had you been so for any length of time ? 

A. Two years and a half. 

Q. Do you recollect having, seen him at home on 
Sunday the 2oth of February ? 

A, Yes. 

Q. In the forenoon ? 

A. Yes. 

Q. Do you know what time he went out that morning i 
, A. About nine o'clock. 

Q. When did he come in again ? 

A. Between tep and eleven o'clock. 

Q. How long did he stay at home at that time i 

A. Not a great while. 

Q. He then went out again i 

A. Yes. 

Q. When did you see him again i 
^A. He did not stay long. 

Q. When did you and your husband go out that day f 

A. Between four and five, after my master was gone out, 

Q. What time did he go outf 

JL About four o'clock. 



393 

Q. And you and your husband went, out between four 
ftod five o'clock. 
^. Yes. 

Q. At what time did you and your husband return home 
that night ? 

jd. About eleven, as near as I can guess. 

Q. Was your master come home before you, or did he 
hot return till afterwards i 

A. My husband came in a few minutes before my 
master, and went down to strike a lights and I stopped, to 
bring him some beer. 

Q. Did your husband and you come home together t 

A. Yes ; only that I called at the public house for some 
beer ; my husband said he would go in, and strike a ]ight. 

Q. Did your master come in that evening? 

A. Yes. 

Q. Did you see him come in? 

A. No, he was let in before I relumed with the beer. 

Q. You heard him up stairs ? 

•a. Yes.. 

Q. Is it your custom yourself to see him in the evening ; 
does he. sup ? 

A. He takes a little supper, but I was never in the habit 
of carrying it up stairs. 

Q. Your husband does that ? 

A»^ X es. 

Q. Did he carry it up that evening ? 

A. Hehadnpthingbntabitof bread, and a glass of ale» 

Q. You did not see him that night ?. 

A. No. 

Q. Was it your business,, as the female servant of this 
gentleman, to make.his bc^? 

^. Yes. 
. Q. At what time did yon get up en the Monday 
morning ? 



394 

A. Abovt se^en. 

Q. Are you sure that the time we are speaking of> wa* 
the Sunday morning before he finally wept off? 

A. Yes. 

Q. Did you usually get up about seven f 

A. Yes. 

Q. At what time did your master go out that mornkg i 

A. He went out before breal^fast. 

Q. At what hour do you take that to be ? 

A. Before Smith went <mt ; lie went out about eighty 
and my master went out a little before him. 

Lt»i EUenkarougk. Did you see him go oiit ? 

A. No. 

Mr, Park. JhA you bear Wm i 

A, No, I did not know that he was out, till I let him in. 

Lord ElUftboroUgh. You did not know that he had 
been at all absent from home on Monday, till you let 
him la? 

A. No. 

Mr. Park. Had you made the bed on the Sunday, Ae 
d«y yoa sow him go out so many times in the morning? 

A. Yes, I was up stairs making the bed, and he went 
•at; I feoked out of the window, mii saw him go. 

Q. Did you^ or not, make his bed on the Mondiay ?' 

A. I did. 

Q. At what time of the day did you make his bed t 

A. Not till after my master came home; my master 
came home, and when I feimd he had heect out, I went up 
stairs immediately, and 1 made his bedw 

Q. As you did not see your master on t|ie Sundisy night 
•r Monday morniiig, wha^ w«a ike laat time upon- the 
Sunday that you did in fact see bus; notrthatyoitbdfiew 
him to be there, but that you saw him with your own eyes? 
V ^ I am notoertfun wlletfiec I sawkim go outon the 
Sunday at four o'dock, but I think I did* 



395 

(2. You say you made his bed after he cam^ ham^ on 
t)ie Monday? 

J. Yes. 

Q. You let him in on the Monday^ at twelve o'clock? 

4. Yea. 

Q. Was the bed the same as it was to all appoaraoce^ qu* 
other days i 

A. Yes. 

Lord Ellenborough. It appeared like a bed that had 
been slept in f 

^. Y es. 

Mr. Park. Had he hem constantly alQepiagi^ his qw«. 
bed for several months ? 

J. Yes. 

Q. Did you sleep in that bed, that night i 

A. No. 

Q. I did not mean to ask you an improper question; 
h«t you did not sleep, iu thaA bed n I meantnasnrh in- 
sinuation as might be supposed i 

A. I did not sleep in it. 

Q. Did your husband >l^p Vk tli^ h^ and :fQn in ji^ur 
vwn.* 

A. No, 

Q. Did you and your husband skep U^g^tttber ibat 

A. Yes. 

^ Ai;a you qnite^ siue that you made, the bed on the 
Sunday, and again on the Monday I 

^. I did ; I am quite sure of that. 

Q. Do yott recollect bow ywirng«iM«4«cdra»«^ 
lie came home on the Monday i 

4^ I d^ ; he had a black coat fo. 

Q. Hadhe any thing illklWikwii 

^ Q^ WIvit.im iti 



396 

• A, A bundle. 

Q. Did you happen to see, while either it was in hi«' 
hand, or immediately on his laying it down, the contents of 
the bundle ? 

A. I saw a part of a coat where the bundle was open at 
Ae tie; a grey coat, just where the knot was tied ? 

Q. Had your master a grey great coat ? 

A. Yes, he had. 

Q. Had he had one for some time ? 

A. Yes ; about a month, I believe. 

Q. Did your master continue after that Monday to 
sleep regularly at home, till he finally went away on the 
following Sunday? 

A. Yes. 

Cro^-examntd by Mr. BoOand. 

Q. Your master had no other sertant but you and your 
husband? 

A. No. 

Q. In what capacity did hie serve him ? 

A» As man-servant; he used to wait upon him, and do' 
any thing that was requisite to do. 

Q. He waited upon him at dinner i 

A. Yes ; and at breakfast ; he always used to caxrj it' 
up; I never did that, except when he was out. 

Q, You did not know till your master came home, that 
he had been out that morning ? 

A, No, I did not. 

Q. Your husband went out about eight o'clock. 

A. Yes. 

Q. Was not Mr. De Berenger in the habit of ringing 
his bell in the morning for breakfast i 

A* After he came down he used to ring the drawing- 
room bell, and then I used to carry it up, if-my hosbalid 
was out. 



'397 

Q. Who supplied him in the moming with wster^ for 
the purpose of shaving i 

A. He never used warm water ; he had water in his 
room. 

Q. .He never rang for your husband to attend him ? 

A. Sometimes he did ; but he knew my husband was 
going out that morning, and therefore he did not ring. 

Q. Did.it not appear to you extraordinary thatmom* 
ingy that there was no call for breakfast till that hour \ 

A. Yes; I supposed my master had breakfasted out, of 
course, when he came in. 

Q. But yon did not know of his going out l 

A. No. 
. Q. Was not your surprize excited by his not ringing ? 

A. Yes ; I was rather surprized that he had not rang. 

Q. Do you recollect how he was dressed on the Sunday 
when he went out last ; you do not mean to say that you 
saw him go out at four o'clock \ 

A. I do not recollect. 

Q. The last time when you saw him go out on Sunday, 
how was he dressed \ 

A. He had on a black coat and waistcoat, and grey 
overalls. 

Q. Of course, not seeing him on the Monday, you did 
not knew in what dress he went out that moming ? * 

A, No. 

Q. But you say he returned home in a black coat \ 

A. Yes. 

Q. Was that black coat his own f 

A, That 1 cannot say. 

Q. Was not that coat much too long for your masterf 

A. I did not observe it. 

Ijord Ellenborovgh. He did not come home io the same 
black coat he had gone out in on the Sunday f 

A. That I cannot tell j I was not in the habit of brush* 
ing his coat. 



S96 

Mr. BMand. Did ytra ever see Loid Cochrane ? 
J. No. 

Q. Was not the eoat that he came home in, on the 
Monday^ so loDg> that you recollect remarkiag it could not 
belong to him i 
A. No, I did not remarit that. 
Q. Did you see the coat lie on the chair a^rwarda? 
A. It might be there, bat I did nol obsen^ it. 
Q. What was in this bundle that he brought hoiM ? 
A. I saw a part of a grey eoat between the tie of the 
bundle. 

Q. Did you make an affidavit upon this bvsi&essf 
^. X es. 

Q. When was that ? 
A. The 24th of March. 

Q. Who suggested to you the necessity of makmg the 
affidavit? 

A. No body but my husband ; it was his wish to tiiak# 
his, and he said, therefore Ann do you make youn. 

hord Ellenborough. What did you see besides the grey 
coat in the bundle i 
A. I saw nothing but that. 

Lord EUenboraugh. Recollect yourself, because yom 
have sworn you saw a green uniform i 
A. There might be a green uniform. 
Q. Was there, or was there not? 
A. Yes, there was a green uniform. 
Q. Was it in the bundle or not ? 
A. Yes, it was in the bundle. 

Mr. Bolland. Was there any thing extraordinary in 
your master going out in his green drill drssi i 
A. No ; not that I know of. 
Q. Was he in the habit of going ooc ill it ^ 
A. Yes. 
Q. Andcrfretunmig itt if ? 



999 

'^* Yes* 

Q. Did you ever know him go out in his green drill 
ihMtr tmicome home in a hlaok cokt ? 

J. No. 

Q. That motmng he bad hit gieeift drill dms in bit 
bundle, with his great coat i 

J. Yw. 

Q. Your husband made an affidavit, and you made an 
aftdavk 99 wdl yourself? 

4. Yes. 

Q. Had you seen any body on the subject aS that 
affidavit i 

A. No. 

0. Had you s^en Mn Tahoordin ? 

A. No. 
' Q. How soon after or before mdcittg that affidavit, did 
y^u see Mr. Tahourdinf 

A. I saw Mr. Tahourdin a jfew days after. 

Q. Did you know for what purpose your affidavit was 
made; how it was to be used ? 

A. No. 

Q. Do you know to whom it was taken ; what did your 
husbcmd do with it \ do you know of your own knowledge? 

A. It was put in the papers, I know* 

Q. Was it put in by him or by any body else \ 

A. I believe it was put in by him. 

hori Ellenhermigh. Did Mi. De fierenger ever wear 
whiskers i 

A* Yes, sometimes he used. 

Q. How long before the 20th of February had you teen 
hm wear whiskers I 

A. I do not know ; I was so little in the habit of seeing bij 
master, that I do not know whether he had whiskers, or not* 

Q. You saw him come in at the door, did not jmk i 

A* On tlie Monday morning. 



4O0 

Q. At times you used to see him ? 

A. Yes. 

Q. Were you so little aoqoaioted with the comileiMMMr 
of the man in whose service you had lived two years and 
a half, that you' did not know whether he was a whiskered 
man or an unwhiskercd man ? 

ji. I never attended the door when my husband -was at 
homie. 

Q. You used to go backwards and forwards; just before 
you did not know whether there was a green ooat in the 
bundle ; and then when I put you in mind of what you 
had sworn, you say positively there was ? 

ji. Yes, there was. 

Q. And now you mean to say, you saw so little of your 
master, that you do not know whether he had whiskers i 

A. No, I do not know. 

A Juryman. You say you did not make your master^s 
bed until his return on Monday? . • * . . 

A. No. 

Q. Did you see it before his return on Monday ? ' 

A. No ; but he was not up stairs, he was in the drawing 
room. 

Q. You did not see the bed till after his return i 

A, No, I did not. 

John M^Guire, sworn ; 
Examine^ bjf Mr. BichardspH- 

Q. I believe you are ostler at Smith's livery stables, at 
the Cross Keys yard, Chelsea ? 

A, Yes. 

Q. Were you acquainted with the person of Mr.'De 
Berengerf * 

A. Yes. 

Q. Was be in the habitof frequenting your mastei^» 
stables^ or that neighbouriiood? - 



401 

jL "Y^. ' ; • ,>* .' '- -- / • " * 

Q. Were you well acquainted with hiif p^fsw in th« 
month of Februaiy last } 
.' A. Yea, I was., 

Q. Do you zemember seeing him upon the 2otb of 
February? ^ • 

^•Yes. 

Q. On a Sunday? 

J. Yes. 

Q. What makes you remember the day i . 

A. I remember the day perfectly well^ on the account 
that I knew him to be in the Rules of the King's Bench. 

Q. How does that enable you to recollect the particular 
day? 

A. Upon acconnti that I determined in my own miod^ 
that I would ask bis servant the next time I saw him, 
whether he was out of the Rules. 

Q. Before that time bad lie ever lived at Chelsea ? 

A. Yes, he had. 

Q. And so you became acquainted with his person ? 

A. Yes. 

Q. On this 2oth of February, at what time did you see 
him at Chelsea? 

A. At a quarter past six. 

Q. Where did you see him ? 

A. At Mr. Smith's stable-yard gateway. 

A Juryman. A quarter past six in the morxung or tbo - 
evening? 

A. The evening. 

Mr. Park. Did any thing pass between you ? 
A. Yes ; he asked me whether the coach was gone ; I 
told him the six o'clock coach was gone, but the seven 
would be ready in three quarters of an hour. 

Q. What further passed ? 

Cc 



40S 

A. He made no more to dO| but turned roundant] tbok 
lfi« way to liOnclbB. • 

Q. Did he say any thing more^ 

A. He said it would not do to wait for "die 'seven O'cfeck 

Q. And he set out on foot for London ? 

A. He did, 

Q. This was about a quarter past six, you t^ f" -^ 

A. Yes. 

Q. Are you ciui^dent as to the day? 

• A* I aiii. • • • ' " 
d; And as to his person, you have no idbubt about it f ' ' 

"- A. No, not the least. * • 

Q. Did any circumstance occur to call this to your 
recoWecftion ? 

• Ai Yes ; I- mentioned it to my wife, when I went home 
that night. 

Q. What induced you to mention it to her? 

A, That I had seen Mr. De Berenger on that evening, 
at a quarter past six. 

hord Ellenborough. You mentioned the time to her f - 

A^ Yes. 

Q. You mentioned particularly to her, that you had 
seen him at a quarter past six i 

A. I did. 

Mr, Richardson. What induced you to mention flie 
drcumsttmce to your wife ? 

A. Knowing that he was in the Rules of the Bench, ancl* 
not having seen him that way, from the time that he was 
in the Rules before. 

• Q. Did he go from that lodging he had in Chelsea, to 
the Hiifcs of the Kinc^'s Bench? 



A. Yes, he did. 



o * 



40^ 

• Cta»^9amintd bg Mr. Jdofyha*, 

Q. How long had you knov^m Mh De Bcreriger before 
this? 

ji, I had known him abont three years and a half; I was 
living at Mr. Smith's yard at that time. 

Q. And yon had known him all that time ? 

A. I had. 

Q. ft was on the Suntiay you stiw him ? 

J. Yes. 

Q. You knew ham to be an o/fRoer in the corps of 
rfflcmen) tlid not jrou i 

A. Yes, I did. 
^ €t. Perhaps yon diought he was out on Sunday on 
military duty, or something of that kind ? 

A. I did not know, but the answer thy \Vife made, when 
I said that toh^r was, that she supposed it Wfes the sani*" 
as it Wks at IBdinbtirgh, arid thfCt on the Sikday a petion 
used to come and visit her aunt. 

Q. I cannot see what makes yon remember particularly 
that it wai rtie Mth of February ? 

A. I had very good occasion for it. 

Lord EUenborough. Did yon write it dowfii? 

Ai No, I cannot wtite. 

Q. Did jour Wife put it down? 

A. No; she cannot write* neither. 

lir.Adofplua. How do ybu know it Was on the flroth 
of February? 

A. I can swear that was the day ; on that day fortnight 
I saw his servant, and that was the 6th of March, and I 
asked him, whether his master was out of the Rales of the 
Bench f and he said, he was not ; and I said, I had seen 
him there ; and he s^id, if he was there he did not know 
any thing of it, nor bi^ master was not out of tlie Roles *of 
the Bench. 

Cc 2 



404 

Q. He said that he was at home^ in die Bench, then i 
ji. Noy that was not his meaning ; that he was not got 
out of the Rules then, that he was not got clear of tbe 
Bench. 

Q. The servant told you so on the 6th of March ^ 

J. Yes. 

Q. That he was not out of the Rules of the Bench i 

A. Yes. 

G. . That he was not on that day, the 6th of March ? 

A. Yes ; that he did not know it if he was. 

Q. He was quite surprised at hearing of it ? \ 

A. He did not seem in the least astonished, to me; I 
did not see him take any notice. 

Q, He told .you he was in the Rules of the Bench, eod 
he did not see how he could come to Chelsea that day ? 

A, He told me he was not out of the Rules of the 
Bench, and if he came to Chelsea, he did not know it. 

Q. It was by the conversation with the servant, you fix 
the date i 

. A. No, I knew the date. 

' Q. On what do you found your recollection that it was 
on that day ? 

A. I know that was the day. 

Q. The 13th of February he was within the Rules of 
the Bench, and might have been at Chelsea f 

A. No, it was not the i^th. 

Q. How soon did you tell any body that you saw him 
on the 20th ? 

, A. I told my wife that night. 
- Q. Your wife is here? 

A. Yes, she is. 

Q. How soon did you tell any body besides William 
Smith, the servant, any thing about him i 

A. I told DO body but William Smith, and my wife. 

Q. Not to this moment ? * * •• 



465 

A. Yes, I did; when I was sent for. 

Q. When was that ? 

A* I^ast Monday week. 

Q. Then you were seen by die attorney, and examined 
about this matter ? 

A. Yes. 

Q. Was any body so particular as to ask you how thU 
gentleman was dressed, when you saw him on this Sunday? 

A. No- 
el. Now I am so particular ; will you tell me how he 
wag dressed ? 

A. He h^ a black coat, and black waistcoat; and grey 
pantaloons or overalls, but I will not say which. 

Q. You have seen your old acquaintances, the two 
Smiths, here this morning ? 
' A. I have seen one of them this morning. 

Q. Which was that ? 

A* William, the servant. 

Q. Had you any conversation with him about the dress 
on this Sunday f 

A. No. 

Q. You know Mr. De Berenger very well I 

A. Yes. 

Q. Did he wear whiskers on that Sundaj ? 

A* No, he was close shaved upon that Sunday, I am 
certain. 

Re-examined by Mr. TUchardson. 

Q. When you saw Smith, on the 6th of ^larch, what 
question did you ask him ? 

A^ I asked him, whether his master was out of the 
Bules of the l^ncb ? thfit I h&d seen him on the Sunday 
fortnight, that he called at our yard, to know if the coach 
was gone ; that J told, him, the six o'clock coach was 
gone, but the seven o'clock coach would go in three quar- 
ters 9f an hour. 

<?C3 



il06 

Q. You related the ctrcumstancf that had pajpsed on ^e 
20th of February, and then asked hini^ ^hethefr his piaffer. 
was out of the Rules of the King^s B^nch I 

J. Yen. 

Q. What did he answer I 

A. That his master was not out of the Rules, and th^ if 
he was at Chelsea, it \iB& more than hi? knew of. 

Lord Rllenboj:ough. You were struck with seeing hinij 
out of the Rules } 

A, Ye^ 

Q. You thought it a very wrong thing of huii2. 

4^ Yes. 

Q. And being shocked ^t it, yx>n had a mind to eofjui^e^ 
^f his servant, M'beth^r he ^^s within the Eule^ i 

A. Yes. 

Q. You did not say to him, Good Go4» Sii^ l^ipif i« it 
you are out of the Rules on this Sundajc i 

A. He did not stop to have any conversation. 

Q. If he had stopped long enough, you woulA ^c 
told him so f 

A* I do not know that I would. 

a Where was h^ coming from, at i^ ^uartfx nf^tsi:(? 

A. He came up from the water-side ; I cannot teU^wllichi 
way he came tp the sitable-yard gateiyay. 

Q. And he seeme;d i^ a hurry tp get home ^ 

A. He did. 

Q. How far is it fi^uf Asylum Place ta Chelsea ? 

4- It, is two miles from the bottom, of our street to, 
Buckingham-gate, and it is a mije i'ron^ that to the nuddle 
arqh of Westminster-bridge ; I cannot tell how faf i^ if 
from that to the Asylum. T . ** 

Q, You did not see where he cai^c from? 

A. No. . "\ ' —'•'•■ . 

Q. But he was in a hurry to get home l 
A. Yes. ^ • ' 



407 
Mr. Park. It is thcee iniles andi^bai<^ ;or four whs, 

^ Juiymafi' W^ it di^j-light or d^Jc, .iffbeu ypu wtjt 
him? 

A. It was between tbe two ligbts ; it was not very clear 
ai tbat time. 

M,r.Parh* I will call tbis woqiaa, aud wiU fmt aqjie^ 
tion to ber; I bad xu)t intended it, coaceivins that what 
he said to his wife, could not be evidence. 

Ixn^ Ettenborough. You will call ber, or not, as you 
see fit ; 1 4o not desire to have more persons caUod than is 
necessary. 

4lr. Park. I must call her, as your Lordship has asked 
the question> what he tqld her i 

Mr. Brougham^ If your Lordship will permit us, we wiU 
examine Hopper now ; he is extremely ill, I ui^derstand. 

Lord Ellenborougk. If you please. 

Mr. Thomas Hopper sworn. 
Examined by Mr, brougham* 

Q. What are you ? 

. 4* 4a ax^tect^ 

Q. Do you know Mr. Qochiccme Johnstone's pr^misef 
at AIlsop's buildings i 
, .^. I saw tb^m two nights ago. 

Q,.^X^^ ^'^ ^ piooe of ground that he possesses there? 

A. I did. 
. 0. Will you le^ at thai plait, Which is lying there^ for 
tb9 H^iHg out of ^ ground ? (the mtnm looked at it.). ^ 

utfi These plans I saw at the time. 

Lord Elhubofin^, . Tliat is two nights ^;o P 

ul. Yes, it is. 

Mr. Brougham. Did you at tbe same time see tbe pro- 
^ecti^a of the plan for laying out the place ? 

Cc4 



408 

A, This, T believe, is a €opy of it/ " 

Q. What should you think is a reasonable compensa* 
tion to the person Who arranged that plan, and made that 
drawin :^, and the others connected with that plan, and 
the prospectus > 

A. That it would be almost impossible for me to tell; 
that must be governed by the trouble that was attendant 
upon it, and of course of that I cannot be a judge. 

Lord Ellenborough. It is ti very well drawn' plan i 

A. Certainly it is. 

Mr. Brougkktm. Are you aware, that a plan of that kind 
cannot be made out, without a survey of the ground ? 
- A. Certainly. 

Q. Are you aware, that in making a plan of that sort, 
there are various other plans previously" made, before it 
comes i*ito tliat state? ' 

A. No doubt, there must be. 

Q. Can you take upon yon^ from that, and from yonc^ 
understanding of the manner in which such plans ar^ 
made, to say what would be a fair reasonable compensa- 
tion for the troi.ble bestowed ? ' 

A. Mr. Cochrane Johnstone^ whom I saw upon -tfie 
pvemises, utade a representation to me ■ ■' 

Mr. Gurney. We cannot hear that* 

Mr. Brougham. From ypur own knowledge t>f- the fab- 
ject, and the ground, what should yon t^ke to be a WMson- 
able cpmpenscitiun i 

A. It is so governed by the trouble attending it» ^at 
^ cannot say, with any precision ; I shonid jtldge; from tile 
calculation of the trouble that must attend it, that a «in^ 
pensation of from tyro to three hoadiad pounds, lAigbt 
not be excessive. 



409 



M'Guire 



Examined by Mr. Park. 

Q. Are you the wife of the peisori who has just beexi 
^ere now i 

Q. Did you know Mr, De Beren^r, when he Kved a^ 
Chebea? ' / ' ' 

J. No. 
Q* Did you know Smith, his servant? 

Q. Did your husband on any day, and if so, on what 
^ay, mention to you his having seen Mr. De Berenger, 
Sxnhh's master ^ 

Jf. Yes, he did on die soth February, about ten o'clock 

I. . » • . . ^ ■ 

at night. 

Q. When he came home I 

A. Yes, 

a How do you happen to know ft was die 20tb of 
February, more than the 13th or the 6th ? 

A. It was the Sunday before ShroTe-tuesday. 

Q. What led you to recollect it so pardcolarly ? 

A. It was my child^s birth-day. 

(i. X)o you 'mean that Sfarove-tuesday was your child's 
birth-day, or that Sunday? 

A. The Sunday ; the first child I ever had in my life. 

Q. On that day he told you he had seen Mr. Df 
Bereager at his master's yard I 

A. Yes, he did. ' ' »' 

Jjofd ^RUfnbofCfntgh^ P}^ ^ V^ 79^ ^^ ^^^ o'clock he 
saw him? 

A. Yes ; at about a quarter past six* 

€t. Did he tell you that he thought it was shockingf^e 
•hoiild be out of the Rules ? 



410 

A. YeSy he did; that he wondered whether he had got 
hiB liberty or not. .. 

Q. Did he saj it was «bpQkii\g h^ should be out of (he 
Rules? 

.4- j[ cfDBo( pait^^aikirly say^ wheth^ he s^d it was 
thockimg or not. * 

Q. Had you known these Smiths long ? 
^ ^ Ab^qut thr^e yeazsand setcren m^iuhs* 

Q. You are in the habits of visiting them sometsmes ? , 

A* Smith came backwards and forwards to Chelsea^ yi^lV^ 
his master lived at the^od of the bridge*. 

Q. Have you kept up. your acquaintwoe i;^ th^^. 
since they lived in Cheke^ ? 

A. Yef, I ^ave. , . 

Q. You are very well acquainted with them I 

wtf. Yes, I am. 

Q. Had you seen him that day^ the ftoth \ 

uJ. No ; I saw him that day Cunctifight., 

(2. Your husband did not stay at hpme to l^^p the 
^rth-day of his child ? 

A. No ; my husband 14 ^^ ostle^i and he cannot con^ 
and go at bis Qwn time. 

Q. But be m^i^oimd faibout the Rules to you, did he ? 

A. Yes, he did \ he ^4 ^^ should enquiry fropi Smith, 
^ fis^t time he saw hicoy whether bi^ master had jgot his 
liberty or not. 

Q. Had ypnr t\asba|id an c^ixiety to knpw whether; he 
]|adgpthislit>efty.ojf nq^f , 

A. No, I cannot say tha( he seemed ao;xLou8, bfit \^ 
laid be wondered how he cam^ down there* 

Henry Hoyh Tragear stBOTHf ' 
Bxamined by Mr. Richaris<m. 

.^ .^ ]>pys^jf;nf;n}bef Jbpinga^Mx* Dqnithpnfe'abousej^ 
in York-street; Westminster; iAftbei^n^c^JP^l^iyiiX 1?)^ i* 



411 

4. Yes, I do. 

' 4. Yes, JVW. 
Q.. liviog «b4 ilet^i^ltbm^ 7 

Q. Wliftt di^ yofi gf> l))«i)e t 

A. I TOot there pn the 171^9^ JF^lfnwy, 

Q. On what occasion ? 

:^. I let my 1m>un9^ No. 39, littie Queen-fttieet, BoK 
borne, where I had carried on the hatting bsaidessy tad \ 
^!^ from thenca t^ PopithoiM^^ 

Q. Waf it oil the I jr^h j^u l^t jov bow^ fiAafly, 

A. Yes, it was, 

Q. Did yoa stay at Mr. DonithoirQe'^ until or aftei( the 
Sunday following, the aoth of Fe()nua;y f 

A. Yes, and imtil this very time. 

Q. Are you a^oainted with the. prisoner Mr. Da. 
Berenger ? 

A. Yes, I have seet^ hi^ frequently |ffeyioiisly to dttt» 
at Mr. Pouitl^orM's \^^'^ ' * ' 

Q; Do you or not, i^ememher bufing seen him 01^ Smiday 
^ ^th of f ebrnary i 

A. Yes, very particularly Qn th^tdi^. 

Q. Did you see him more tbsui onoe on that dajr i 

A.* Yes, I saw him twice on that day* 

Q. When was the first time you saw him ? 

4' Betwceji^niQeancl't^n inthemoroing. 

Q. When was the Ijast time y^if sitw htia? 

^. Between eigh^t and nine i^ the evening of die sama 
day. 

Q. Di4 be,a^. any t^ff^ vbe«^. yw aaiw him the last 
time on th^^t day i 

A. Yes, be did* 

Q. Both these tim^ you •a^ bin i& Mr. I>Qnithoia)ie*s 
liouse f 



•413 

A. Yes. 

Q. How long did tic atay when be came in ihe evening ? 

A. It might be somewhere about half ah hour; I cabaot 
exactly say ; it might be atahoui'; or it might be less. ' 

Q, Was it thereabouts, as nearly as you can remember ? 

A. Yes ; it was, as nearly as tcan remember.- ' 

Q. You are #ure it was sotiiewbere thereabouts? 

A. Yes. ' 

Q. Was he a tisitor fof Mr. Doditheme's, or did he 
conie OD bttSHiess? •> ' 

A. I have seen him frequently talking to Mr. Doni- 
thorne/^boul drawing^, desigtia of furniture, and things of 
that sort. . . - 

. Q. What is Donitborne.^ 

A. He is a cabinet maker. 

Q. You had seen him before that time ? * ■ 

r'A* Yes; Mr. Donithome has shewn him to me. 

Itord Ellenborovgk. What are you yourself? 

AL A hat manufacturer by trade. 

Q. You have been out of business since that time ? 
- A* Yes, I have ; not entiiiely out of business ; but I have 
not a house at the present moment; I went there to reside^ 
till I saw a house that would suit my pui-pose. 

Q. 'H^ was talking with Mr. I>onithorhe ? 

A. Yes, he was.* 

Mr. Richar3son. Was any body else present? 

A. Yes; there was my wife, Mr. Donithome and Mrs. 
Donithorne; we were in the. parlour in the evening, whei^ 
he came. 

Q. Did he sit down? 

^, He said that he. would not come into the parlour to 
disturb the company ; Mr. Donithorne went to the back 
part of the house with him, into the garden. 

G. Did he come into the parlour? 



413 

; A. Yes, he did jufiicQiu^ mtO(t)^e'j^l9ui-; bi^tiic said 
be would qot disturb the ^company, 

Q« Didbe afterwards con^i^, in? _ . 

A. I do not know whether^ he came in afterwaidr or 
not. ' ^ T. * - 

Q. But you saw him tl^ere ? . . ^ 

A, I saw him in the house. 

Q. You are well acquainted with his person? 

A. Yes; I had seen hbn repeatedly before that. 

Q. You did not sec him after that ? 

A, No, I did not. 

Cross-examined by Mr, Gurnetf. 

Q, Do you remember being struck with any alteration 
in his appearance that night? 
• A* No. * * *".•.» 

Q.' Hi>w long before that, umc bad he left off weariiq; 
the large whiskers he used to have ? 

A. I cannot say. 

Q. He had not them on that night? 

A. I cannot say that I saw any alteration. 

a He bad no whiskers on that night ? 

A. No. 

Q. He had nev.er been ^sed to wear whiskers r 

A. That I cannot say. 

Q. You knew him well, and had seen him often i 

A. Yes. 

Q. And you n^ean to say, yon do not remember whether 
he wore whbkers on npt ? 

A- He might or might not, I do not look .so particularly 
into a gentleman's face, as to see whetlier he has whiskers 
9r dot. 

Q. I happen to look at your face, and I cannot .bslp 
s^^S that yoH have whiskers, and a man who has srqb. 



414 

Aight Mk at ^loife ink ailbd^ peiM>A'« Aa^; do^)foa 
mean to oay, that in viewing iht conntiniands of a getatiie* 
man you were acquainted #it(l> 3^ did ^iot ledk M M^to 
ite wlietiier be faad whiskim? 

A. Not anlew a person spoke to me about them* 

Q. Unless a peison said ^ wliirt:^s/' yon* wdatd ilot 
look at them i 

A. No. 

Q. MV. De B^rt^lr bad tttk wfcnkari dial* nighty 
however? 

A. No. 

Q. You were a hatter, in business at one time, and are 
not now? 

* A. Yes ; I sdi a gr«at vbmy hats now, thoujgli t htfve 
no house. 

Q. Perhaps though you do not take notice of a mia's 
viliiskeni, you tab6 notice of hi^ eoat^, ^kt' eMt Imd 
he on? 

A. A black coat. 

Q. That you did t&kfe ftotiee <Xi 

A. Yes. 

Q. It was so remarkabk he should wear a bllfek coat| 
you took notice of that i 

A. Ho; I do not know that it is retttokable; bat I 
know he had a black coat. 

Q. Was his head powdered i 

A. I cannot say ; I did not see his hat off. 

<St. He st^ half afr hour with his hat on f 

A. He went into the back part of the house. 

Q. Do yoti mean to say, he staid half an bodf in '^e 
house with his hat on f 

A. I do not mean to say, he stopped the whole time ift' 
house ;* he wtot into the garden. 

Q. On the loth ^f February he v^eiit into tibe-gardctf? 

A. Yes. 



415 

Lord EUenhorough. Bid he stand mxcle^eep in* ^e 
garden, or how ? 

A. I catmot say, hxdeed. ' ^ 

Mr. Oumey. Was not theiie a good' deri of mow a(t 
that time on the ground ? 

A. I cannot say, indeed^ ' 

Q. At what time was this i .... 

A. Between eight and nine in the evening. 

Q« And they took a walk in the garden ? 

A. Yes ; it was in consequence of some alt^ation lihey 
i^cre gobg to make in the premises. 

Q. So that they went at ten o'clock at night to gnrVey 
this alteration in the premises i 

-^. No; it war betweemeight and nine. 

Q. It is just as dark then as it is at ten o'doick; th^y 
went to make a survey in the morning, did tb^ not? 

A. They had made a stnrvey in the morning, J saiv th4m 
pacing the garden. 

Q. Yon told me they went out in the evening, tt> ntkkif 
a survey of the premises i 

A. I cannot say what they went for, but I Hacfw tHey 
went there. 

Q. Do yon happen to know, whether Mr. Ddnithorne ii 
acquainted with Mr. Tahoimiin, the attorney i' 

A. I do not know whether he is acquainted with liim, 
^r not. 

Q. You swear that i * 

A. I swear that ; I do not know that he is acquainted 
with him particularly. 

Q. Upon your oath have you not seen them together? 

A. Yes, I have. 
• . Q. Hid not you seen them together before that timfe ? 

A. No, I had not. 
' Q. How often have you seen them together since ? 
*^.-^:*ilicver saw them together but once. 



416 

Q. When was that? 

A. One day last week. 

Q. Do you mean to swear, that you did not know diat 
they were acquainted with each other before that time i 

A. Yes, I do. 

Q. What is Mr. Donithome ; a cabinet-maker i 

-rfi Yes. 

Q. This you say was about making alterations in the 
garden ; are they made ? 

A, Ho, they are not. 

' Q. They are waiting till February perhaps, to survey 
this garden again i 

A. I do not know, indeed. 

Q. When were you first sent for to become a witness on 
diis occasion i 

A. I never was sent for. 
. Q. When did you go to any person upon the subject f 

A. I never went to any place upon the subject, further 
than going myself to Mr. Tahourdin ; but he did not send 
for me. 

Q. You went to Mr. Tahourdin without being sent for f 

A. I went with Mr. Donithome. 

Q. When was that ? 

A. I cannot exactly say, but I think it was some day 
last week. 

Q. Did you know before last week that yon were to be 
a witness ? 

A- No, I did not. 

Q. Did you know before last week, that it was at all 
material that you should recollect the 20th of February ? 

A. No, I did not know it ; but I can tell you one par- 
ticular thing tbat makes me recollect it ; I let my honse^ 
No. 39, Little Queen-street, Holborn, on the 17th of Fe- 
bruary, to Samuel Nicholson, and went to Mr.Donithome'a 
to live ; and on that very morning, the 20th, the ^nadaj^ 



4ir 

Mr. Donitliome (I rather indulge myself with lying in bed 
on Sunday morning) came to my door and knocked, and told 
me Mr. De Berenger was come to look over the house, and 
that if I would get up he should be obliged to me. 

. Mr, Gumey, I congratulate yon on the cure of your 
deafness^. 

Lord Ellenborough. You lay a-bed and were disturbed ? 
A. No, not particularly; only I lay a-bed on the Sunday 
till about nine o'clock. 

Lord Ellenborough. Do you know Smith, De Berenger's 
servant ? 

A, I have seen him. 

Re-examined by Mr. Richardson. 

Q. You saw them in this piece of garden in the 
morning i 

A: Yes. 

Q. My learned friend has asked, whether the alterations 
are carried into eflcct, or not? 

A. They are not. 

Q. Do you know, whether Mr. De Berenger went away 
after that ? 

A. He stopped about half an hour, 

Q. Has he been absent from a period soon after the 
2oth of February ? 

A- Yes ; I never heard much about him till last week. 

Lord Ellenborough. When they came to you, you im- 
mediately recollectecl the 2oth of February ? 
A. When who came down to me ? 

♦ The Witness, at the commencement of the cross-examination 
had affected not to hear; Mr. Gurney gradually sunk bis voict 
and at last spoke in a very low tone, and tbe Witness faear4 
sot^khstaading. 



418 

Q. When you went to Mr. Tahourdin, you immediately 
recollected the 21st of Februaiy ? 

A. He asked me, whether I could recollect on what day 
I came to this house ; and I told him I do not know that 
I can recollect exactly; but I can go to Mr. Kicholson, 
upon whom I drew a bill at two months, for half the 
money for the goods and fixtures of my house, and ask 
him whether it is correct. 

Q. He asked you, whether you recoBected the 20th of 
February ? 

A. Yes. 

Q. Did 3'ou say you recollected it by being disturbed ia 
the morning ? 

A. Yes, I did. 

Q. There was no snow in the garden when they paced, 
it in the way you have spoken of? 

A. I cannot positively say ; I did not charge my memory 
with that. 

Q. Are you perfectly certain in your recollection^ as to 
having had your sleep disturbed ? 

A. Yes, I am perfectly certain of that. 

Q. You know De Berenger very well i 

A. I have seen him several times at Mr. Denithome'ft 
house ? 

CL And you know Tahourdin ? 

A. I never saw him till last week. 

Q. Do you know where Mr. De Berenger dined that 
day? 

A. No, I do not. 

Q. At what time did he come in the morning ? 

A* Between nine and ten. 

A Juryman. That might be any other Sunday morning, 
as you were in the habit of indulging on a Sunday 
morning ? 

A. No, but I know the time; it was the Sunday after 
I let my house ; I have it impressed upon my mind that 



419 

it was on the 20th of February I saw him at this house in 
York-street, Westminster. 

A Juryman. Then the 13'ing in bed in the morning 
had nothing to do with it ? 

A. No. 

Ij)rd Ellenborough. Have you ever been bail? 

A. Yes. 

Q. Have you ever justified in anyaction? 

A. Yes. 

Q. What action was that ? 

A. A fifteeq-pound action. 

Q. How long was that ago ? 

A. Five or six months. 

Q. Is that debt paid ? 

A. Yes. 

Q. Did you ever justify in any other action > 

A. Yes, I have. 

Q. Is that satisfied ? 

A. Yes. 

(J. You are clear as to that, that these debts are paid ? 

A. Yes. 

Q. Were you never bail but twice ? 

A. I do not recollect that I was ; I might be, but I do 
not recollect; but I have not been in the habit of being 
l)ail for people. 

Q. You have not been in the habit, but you have been 
twice :---what was the other sum besides the fifteen pounds ? 

A. I do not exactly know what the money was; bu^ 
the other was more than that, a good deal. 

Q. That is only within a few months ? 

A. I dare say that is five months back, 

lA)rd Ellenborougk. You may go awa)", and let me ad- 
vise you not to be either a bail or a witness again. If the 
master had been here with the book, I have no doubt yc 
flight have gone much further with him. 

Pd ?. 



420 

Mrs. Tragear sworn^ 
Examined by Mr. Park^ 

Q. Are you the wife of the last witness, Mr. DoyJe 
Ti-agear i 

A. Yes. 

Q. Do you know the Defendant, Mr. De Berenger ?- 

A. Yes. 

Q. Have you seen him often ? 

A. Yes, 1 iiave. 

(J. Were you at Mr. Dcnithome*s house in the month 
of February last? 

A. Yes. 

Q. At what time did you and your husband go to stay 
there, after having given up your bouse ? 

u4. The day we gave up our house was the 17th of 
February. 

Q. And then you went down to Mr. Douithorne*s f 

A. Yes. 

Q, What day of the month was it after you had gone 
there, that Mr. De Berenger called there? 

A. On the Sundav. 

Q. That would be on the 20th ? 

A. Yes. 

Q. What time in the morning did he first call ? 

A. Between nine and ten. 

(J. Do you remember, whether your husband was up or 
not, when he first came. 

A. l^o, he was not. 

Q. What is Mr. Donitborne? 

A. He is in the cabinet business. 

Q. Did you see Mr. De Berenger do any thing that 
morning ? 

A. Yes ; Mrp. Donithomc came up (we were not up 
that morning) ahd desired us to get up and get our rgojoas 



421 

tcadji for that she had a gentleman to look over thie 
bouse. 

Q. Id consequence of that you did get up ? 

J. Yes. 

Q. Did you see Mr. De Bercnger afterwards there, 
when you got up ? 

ji. Yes ; I saw him ; I drew down the sash in the back 
room, and I saw him through tlie window ; I saw him in 
the garden. 

Q. Does the sash draw up or down i 

A. Both. 

Q. Wliat was he doing in the garden ? 

J, He appeared to be measuring the ground, I believe. 

Qi Had yj\i any conversation with Mr, De Berenge^ 
at that time ? 

A. No. 

Q. You are sure he was the man ? 

A, I am sure he was, 

Q. Did you see him again that day at Mr. Doaithorne's, 
and at what hour in the daj- ? 

A, I did ; I saw him again in the evening. 

Q. At what time? 

A. Between nine and ten-— I mean between eight and 
nine, 

Q. Did he stay any time then ? 

A. I bolieve he did; we were in thcparlowr, along with 
Mr. and Mrs. Donithorne, and he came; and he (Mr. Do- 
nithome) asked him to come in; and he said, be would 
not come in to disturb good company. 

Q. Are you sure he was the man? 

A, I am sure he was the man. 

Q. How near was he to you? 

A. We got up, of course, when the gentleman wa« 
coming in, and we saw the gentleman in tlie small parlour. 

Q. What happened then, when you got up f 

D43 



423 

A. He went to speak with Mr. Donithorne, and they 
walked backwards into the garden. 

Q. Did you see them go out of the door that leads into 
the garden ? 

A. Yes, I saw them go backwards. 

Q. You did not go lo look after what they were doing t 

A. No. 

Q. Did you afterwards see them again, after they came 
from the back part of the house ? 

J. Ko, I did not. 

Ci. You saw Mr. De Bcrcngcr no more r 

A. No. 

Cross-examined bif Mr. Bolland, 

Q. How long has your husband had the affliction of 
deafness ? 

A, He has, at times. 

Q. So we have seen to-day ; you were indulging tfiat 
morning in bed, as well as yonr husband ? 

A. Yes. 

Q. And Mrs. Donlthonie came to wake you? 
. A. Yes. 

Q, It was natuml she should do it ? 

A. Yes. 

Q. Mr. Donithorne did not wake you ? 

A. No. 

Q. But Mrs. Donithorne came and waked you, and 
wished you to get up, because somebody was coming to 
see the house ? 

A. Yes. 

Q. Do you mean to say, that Mr. De Berenger after- 
wards went through the house, so as to render that ne- 
cessary. 

A. He went up into the attici.- 

Q. Did he go into your room? 



423 

A. He did not. 

Q. What occasion was there for your getting up to se6 
liiin measure the garden ? 

A. There was no occasion for that; but we were get- 
ting up, and she thought the gentleman might come into 
our room. 

Q. Was she in the habit of calling you ? 

A, Sometimes she has done it. 

Q. Who was with Mr. De Berenger, besides Doni* 
thome. 

A, I do not remember seeing any other. 

Q. Who carried the rod with which they measured ; was 
it Mr. De Berenger or Donithorae? 

A. I cannot say, indeed. 

Q. You may recollect who held the paper, and put 
down the measurements; which of the two carried the 
paper, and which cnrricd tlie measuring rod ? 

A. I cannot tell which of the two it was, they being at 
the top of the garden almost. 

Q. It is only a small garden, we know the situation ? 

A, It is a long garden. 

Q. Which of them was it ? 

A. I cannot say, indeed, which of them it was. 

Ci. But one of them did ? 

A. Yes. 

Q. Was there snow on the gi'ound then ? 

A, No, it was a wet morning, I think. 

Q. Are you sure it was a wet morning ? 

A. I think it was a wet morning, but I did not take 
particular notice of the day. 

'Lord Ellenborough. It had rained a good deal, had it? 

A. Yes, it had. 

Q. There was a good deal of rain last February, was 
there ? 

A. I think that was a wet morning. 
Dd4 



434 

Mr, Bolland. Had the effect of the rain been Mcb, as 
to give them a good view of the soriace of tlie ground, so 
as to measure ? 

^. . Yes, I tliink it had. 

Q, The snow was melted ? 

A. I think it was. 

Q. And you saw them lay the rule regularly, that they 
could take the measurement properly ? 

A, Yes. , 

Lord E/lenborough. Did your husband fail, when he 
gave up the hatting business? 

A, AMiy, yes. 

Q. There had been no commission of bankrupt against 
him ? 

A. N<?. 

Q. And he gave up liis business in that house, and you 
have been since living at Mr. Donithorne's house i 

A. Yes. 

Q. How long has he been in tlie bail line? 

A. In the bail line ! 

Q. How long has he been bail for people ? 

A. That is unknown to me, if he has. 

Q. YQVk have never known of people coming after him 
to be bail ? 

A. No, I have not. 

Q. He has told us he has been bail for two persons; 
you know nothing of that ? 

A. No. 

Q. When did he fail ? 

A. On the 17th of February. 

Q. Hns there been an execution in the house you lived 
in since that ? 

A. No- 

Q. Is Mr. Donithorne a creditor of your husband's; do 
you owe him money i 



425 

-rf. No, 

Q. Is he a relation i 

A, Yes ; he is a consin. 

Lord Ellenborough. How faris York-street, Westmkistery 
from the Asylum f 

Mr. Park. I understand it is behind the barracks in 
Bird-cage \A^alk. 

Lord Ellenborough. It is about a mile I should suppose 
then? 

Mr. Park. From a mile to a mile and a half. 

Mr. Gurney. Is Mr. Donithome here ? 

j4. I believe he is. 

Mr. Gurney. Then I suppose we shall see him. 

Isaac Donithome, sworn. 
Examined by Mr. Richardson. 

Q. We understand j-ou live in York-street, West- 
minster ? 

ji. Yes. 

Q. Do you remember Mr. Tragear coming to your 
house, after he had given up his house in Queen-street? 

J. Yes. 

Q. Do you remember what day it was ? 

A. I believe it was Thursday ; I am positive it was. 

Q. What day of the month ? 

A. The 17th, I think, or the 18th of February. 

Q. Are you well acquainted with the persoh of Mr. 
De Berenger ? 

A. Very well ; I have been for some time. 

Q. You are a cabinet-maker ? 

A. I am. 

Q. Had Mr. De Berenger furnished you with designs 
for furniture at any time ? 

A. Yes, he had. 



4^6 

(2. Do you or not remember seeing him oh the Sanday 
after that time when Tragear came i 

A. Yes. 

Q. That would be the 20th ? 

A. Yes. 

Q. At what time in the day did you first see him ? 

A, Between nine and ten in the morning. 

O. For what puipose did he come ? 

A. To look over the grounds. I was going to makesomc^ 
alterations in my little garden, and also about other work 
that I had in hand. 

Q. What other work do you mean ? 

A, Work I had for Miss Johnstone, No. 18, Great 
Cumberland-street ; work I had in hand ; I furnished all 
her house. 

Lord Elknbcflreugh. Mr. Cochrane Johnstone ? 

A. Yes. 

Mr. Richardson* You were furnishing Mr. Johnstone's 
house at that time ? 

A. A house for Miss Johnstone. 

Q. Did you see him again in the coui-se of that same 
day? 

A* Between eight and nine m the evening. 

Q. Did he call again at your house in York-street ? 

A, Yes. 

Q. About what time was it ? 

A. It was between eight and nine ; I did not take par- 
ticular notice of the time, not expecting there w-ould be 
any question about it ; we were all sitting in the parlour, 
and Mr. De Berenger knocked at the door, and I let him 
in, and he walked in, and while I was handing a chair to 
him to sit down, he said I will not disturb your good com- 
pany, and he said he would walk into the back ; and he 
did, and he stai J about a quarter gf an hour or twenty 
minutes. 



427 

Q. Did you walk back together f 

A. Only into the parlour ; in the morning, we Were, I 
dare say, an hour together in the garden. 

Q. Did you go into the garden in tlie evening i 

yL We did not, 

Q. What was the purpose of his calling in the evening ? 

A, Merely to answer the purpose of the morning, we 
meant to do something in the garden ; he said he would 
cull if he came that way in the evening, to tell me when he 
would draw a plan for the work I wA going to do in the 
garden ; I was going to build a room there. 

Q, He was to draw a plan ? 

A. Yes. 

Q, In the evening he called about the same business \ 

A. Yes. 

Q. Was any further answer to be given to him ? 

A. This was the business ; I was going to turn tlie front 
part of my house into an inn, and to make the back part 
of my house into pleasure grounds. 

Q. And you had consulted him about the ittode ot 
doing it ? 

A. Yes, I had ; Mr. De Bcrcnger told me he could 
make out a handsome plan for me. 

liOrd Ellenborough* Did he tell you what you were to 
p«iy for it? 

A. That house was not his, I pay £. 60 a year for it. 

Q. He did not tell you, that from «f, 200 to £-300 
would not be excessive for a good .plan ? 

A, Not for that plan. 

Q, What did you expect to pay for a good plan ? 

A. That depended upon what sort of plan it might be, 
fhey might make a good plan worth that. 

Q. You would not scruple paying that for a good plan f 

A. I think I should for that for I bad not the money 
to pay it. 



428 

Q. He put down th6 measurements in tlie motning ? 

A. Yes, he paced it over, but he told me be would come 
again and measure it quite correct* 

Q. He put down the figures ? 

A. 1 do not know precisely whether he did or not; 

Q. He bad his pencil ? 

A, Yes, and a ten-foot rod that he carried, 

Q. Did he bring a ten-foot rod to walk with ? 

A. I have a ten-foot rod myself^ as a cabinet maker^ 
and Mr. De Berenge^paced it over. 

Q. What sort of a morning was this I 

A. A damp cold morning, a kind of misty rain ; very 
cold. 

Mr* Richardson. He said he would call at a subsequent 
time ? 

A. Yes, he did ; here are all the designs. 

Q. Those are the designs of furniture i 

A, Those are the designs of furniture that I made for 
Miss Johnstone, or the honourable Cochrane Johnstone^ 
for furniture in Great Cumberland Street; I believe I have 
some notes respecting them. 

Cross-examined by Mr. Adolphus. 

Q. Mr. De Berenger came to you, as a friend of Mr« 
Cochrane Johnstone, to give you plans for Mr. Cochrane 
Johnstone i 

A, That was the case. 

Q. He never gave you plans for any body else's 
furniture ? 

A. Never. 

Q. You never employed a draftsman of his class to giv« 
you plans i 

A. No, I made up two pieces of furniture from bis plans, 
to go into a library ; that was the first thing. 



429 

Q. He came as a friend of Mr. Cochrane Johnstone's ? 

A. Yes, to look to the furniture. 

Q. And then, out of friendship to you, knowing you had 
a little alteration to make, he proposed to assist you \ 

A. Yes ; I first proposed the business, and Mr. De 
Berenger approved of it. 

Q. He was going to make a survey of the inside of your 
house that morning ; was he not f 

A* He did of that also. 

Q. Particularly your lodgers be(f-room ; h^ was very 
anxious to see that i 

A. And all my own, 

Q. He was very aipcious to see your lodgers bed-room? 

A. Not that particularly. 

Q. You went and knQcked up Mr. Tragear ? 

A. Yes ; I went up and desired them to rise, and to deqr 
up their room, for that he wi(s coming there. 

Q. Did you desire them to rise yourself? 

A, Yes, there is not a doubt of it, for I went up stairs. 

Ijard Ellenboroi^h. Will you take upon you, upon 
your oath, to say, that you went into that bed-room out of 
which they had come? 

A, Yes, twice over. 

Mr. Adolphusn What is your christian name ? 

A. Isaac iPonithome. 

Q. Do you know any thing about the Stock Exchange? 

A. A little ^ something about it. 

Q. Have you ever done business there ? 

A, Never in my life. 

Q. Have you ever employ^ {m attorney ? 

A. Yes. 
• Q. Who is your attorney ? 

A. That gentleman there. 

Q. What is his name? 

A, Mr. T^iourdin. 



430 

Q. In what particular business is Mr. Tahourdiq your 
attorney ? 

A. By the desire of the lionourable Cochrane Johnstoncn 
who thinks himself very ill used by a «et of villaiifc.— — 

Q. After all that preamble, as to Mr. Cochrane John- 
stone's being ill used by a set of villains, will you answei(^ 
my question, what Mr. Tahourdin is doing for you i 

A^ Issuing some writs. 

Q, What have you desired him to do ? 

A. To issue some writs. 

Q. How many ? 

A. A hundred and thirty-five. 

liOrd EUenboroitgh. A hundred and thirty- five writ^, of 
what kind i 

Mr. Park. Qui tarn actions, aiid that was the reason I 
did not propose calling him. 

Mr. Adolphm. Are you to pay Mr. Tahourdin the coetSt 
pf those actions, or Mr. Cochrane Johnstone ? 

A, Mr. Cocln'ane Johnstone most undoubtedly, I should 
thinks 

Mr. Park. I really think that ought not to be adced. 

J^ord Ellenborough. If a man al my instance issues a 
hundred and thirty -five writs, to be sure I must bear him 
harmless ; how long has your neighbour Tragewr failed ? 

A. Why he never failed, to my knowledge ; he left lys 
shop publicly, and came to my house. 

Q. He does nothing in the bail way, by way of filling 
up his time, does he ? 

A. I know nothing about his private concerns. 

Lord Ellenhorottgh. You take upon yourself to say, 
that you know he has not failed ; is not his wife likely ta» 
know, she has told us he did wlieii he caipe to your house. 
You may go about your business. 

A Juryman. Are you a journeyman or a master ? 

y/. I am a master in a small way, sometimes I keejK 
tjhree or four men* 



431 

JLord Elienborough^ Whom else do you call f 

Mr. Park. No more, my Lord, 

Jjord Ellenborough. Do not you prove where Dq 
Berenger dined that day ? 

Mr. Park* No, I have no means of doing that. 

Mr. Gumetf. I heg to call Mr. Murray, to put one 
question to him, in coi^tradiction to Smith i 

Lord Ellenborough. If that question occasions a reply 
that will throw us into the night ; if you think this case of 
alibi requires a serious answer, you will of course give itj 
))ut I think you would disparage the Jury by doing so. 

Mr. Gumey. I will not call him, my Lord. 

Lord Ellenborough. Do not let me supersede your 
discretion, if you think there is any use in having your 
witness. 

Mr. Gumey. No, my Lord, I am quite content with 
^he case as it stands. 



432 



REPLY- 



Mr. GURNEY- 

May it please your Lordship ; 
Gendemen of the Jury, 

It is now my duty to make a few observations in reply 
on tliis momentous cause ; and, I assure you, that I rise to 
the discharge of that duty with feelings of no ordinary 
nature. It is a duty in which it is impossible to feel plea- 
sure; for every gentleman must feel degraded in the 
degradation of a gentleman, and every Englishman must 
feel mortified in the disgrace of a man whose name is 
associated with the naval or military glories of his country. 
But we are here to try tliese defendants by their actions ; 
and whatever their conduct may have been in other 
respects, by those actions must they stand or fall. By the 
actions of these defendants, as respecting the matters 
charged by this indicta^ent, you are now called upon to 
pronounce upon all the evidence that you liave heard, 
whether they are innocent or guilty. 

Gentleixien, if in the outset of this case I addressed you 
with confidence, as to the result, I address you now with 
confidence, increased ten-fold, when I recollect the argu- 
ments by which these defendants have been defended; 
yrhen I rccpllect the evidence which has been adduced in 
their defence, and wheix I ^ecoll^t too the evidence which 
has not been adduced in their defence ; the first, as it 
appears to me totally failiug, in making out a case of 
innocence; and the two latter concluding to their guilt. 

Gentlemen, as it is the smallest part of the case, I will 
^ake up that part upon which you were addressed last thi4 



433 

ttomingy by my learned friend Mr. Serjeant Pell, whioHIias 
been denominated in this transaction the underplot. My 
learned friend endeavoured, with great ability and ingenuity, 
to persuade you, that the transactions which have been 
brought before you, did not constitufe one plot, consisting 
ol' two parts ; but two separate and cistinct plots, two con- 
spiracies totally unconnected with each other. And my 
learned friend concluded vety properly, that if he could 
convince you of that, he should entitle his own clients to 
an acquittal on tl^s indictment. 

. Genilemen, if there were two conspiracies, then miracles 
have not ceased ; for unless you can bclieVe, that a most 
CA'traordinary miracle has occurred, it is quite impossible to 
conceive that there wcie two plots. It is not ncccssai'y in 
a conspimcy, that every party should know every other 
party in the conspiracy ; it is not requisite that he should 
be acquainted with all the dramatis persons, and the cha- 
racter assigned to each ; it is enough if they engage in the 
general plan to forward the same general end, and each 
takes the part which is assigned him to the furtherance of 
that end. Now, gendemen, look at the whole of the case, 
and see whether it is possible to believe, that these persons 
who came in the second post-chase from Northfleet to 
London, were not cognizant of part of the plan, at least, 
if they were not of the whole, and that they were not aid- 
ing in tlie general conspiracy, to give a temporary rise to 
thefondson the 21st of February. That they afforded 
Yery material assistance in the completion of that purpose, 
is proved to demonstration. Independent of the facts, we 
have their own testimony against themselves, which U 
quite conclusive. Ask M'Rac, whether tlie plot was one 
or whether it was two ? M^Uae was ready to come for- 
ward, and to impeach all the parties who were concerne4 
in the conspiracy. Did he not, therefore, know the whole f 
When Mr. Cochi*ane Jghnstone proffexed him as a pecso^ 

£e 



434 

wha should betray the whole, and infonn against all tht 
parties conspiring. Are we to be told, that Mr. Cochrane 
Johnstone thought he knew a part only instead of tha 
Tffhoie ? Was Mr. Cochrane Jolmstone meditating a second 
fraud upon the Stock Exchange ? Was he endeavouring 
to get another £. lo^ooo out of them, by tendering them 
a witnesss, under pretence of his disclosing the whoUf when 
he had it in his power to disclose no more than they 
already knew ? 

Gentlemen, M^Rae has been surrendeiyd by my learned 
friend Mr. Alley, who never deserts his client if he can 
reader him any service. No advocate is more zealous for 
his clients ; yet my learned friend felt the proof given so 
irresistible, that he should be disgracing himself, if he stood 
iip to ask you to disbelieve that proof, or even to hesitate 
about it, and he suirendered his client at once. Mr. M^Rae 
then stands here confessedly guilty of this consplfticy. 
Mr. M*Rae, who on the 1 5th of February had been pro- 
posing to Vinn the same plot, which was executed by 
De Berenger on the 21st. You find his companions in 
the post chaise were Sandom and Lyte, and their employer, 
by his own acknowledgment, the defendant HoUoway. 
What can you wish more to prove that they were all en- 
gaged in this transaction ? Mr. Serjeant Pell says, you 
must take Holloway's confession altogether ; and because 
he declares, that he was not concerned with the Cochrancs 
and Butt, you are to take that to be the fact. — Gentlemen, 
1 do not assent to that doctrine, that when a defendant 
Uaakes a confession, you are to take all the circumsunces 
he alledges in his own favor, at the same time that you take 
those which are against him. Mr. HoQoway came to pro- 
pitiate the Stock Exchange committee ; be came to ask 
them not to prosecute him. He could not have asked for 
that forbeara:nce, if he had confessed a participation witfe 
Be fierenger and the Cuchraiies« The only ctianee he 



435 

had, therfefore, was to deny his havhig an^ p*rt in {hat 
plot, which, he knew, they were most anxious to tinravd. 
But taking the whole of the case together, I thijuk that it 
is impossible for you to entertain the smallest doubt upob 
this part of the subject. 

I come therefore, gentlemen, to the other part of the 
case, upon which, after the great length of tim6 which 
yon have employed upon this case, and the fatigue yon 
have undergone, I will not trespass upon you long. 

Gentlemen, this part of the case branches itself into 
three or four heads, upon each of which I must make 
a few observations. 

My learned friend, Mr. Serjeant Best, addressed you 
at considerable length upon the subject of the stock 
transactions of his three clients, Lord Codiraae, Mr. 
Cochrane Johnstone, and Mr. Butt ; and be argued, thai 
because it appeared not by any accounts which he put 
in, in addition to mine, but by the accounts which I gave 
in evidence, that these parties had been lar^ dealers in 
consols and omnium, and had had large balances previous 
to the 2 1st of February; that therefore you were to be- 
lieve, that they had on that day no possible interest to 
commit this fraud. That because they bad had on a former 
day a larger balance, they cotild have no possible induce- 
ment to the commission of this crime. Gentlemen, ob- 
serve the amount of the balance <rti th*t day, it was in 
omnium and consols very nearly a millioii. Reduced to 
consols it amounts to ^.i,60o,ooD. Then attend to tht 
evidence of Mr. Baily, who tells you that the fluctuatioa 
of one-eighth was a gain or loss of two thouttrad pouftdsi 
Though they Aad be^n both buying aftd selling, yet their 
ptrrchases had been much larger than their sales, add theii 
attempts to putchase latrger than thieir actual purchases. 
OA Siiturday the 19th, Mr. Butt had endeavourerf' to pur- 
chaise one hu n drc f t md fifty thousand, and actually par* 

£e 2 



436 

thtis%i fifty thousand. On this Monday, the 2ist, all the 
three have this immense quantity of stock upon their 
hands ; they have no means of getting rid of it, for Mr. 
-Baily has told yon, that but for this fraudulent transaction, 
it would have been impossible to have got rid of it, but 
at a great loss. Tliey had been buying as a person must 
do, to keep up the market, to redeem himself from loss; 
and on this memorable day, all this stock is sold, it is 
sold at a profit of upwards of ten thousand pounds ; and 
if it had been sold without a profit of one single farthing, 
still the getting out without a great loss, was to them very 
great gain. 

. Recollect gentlemen, that just one month afterwards 
came the news of the rupture of the negotiation at 
Chatillon, when the premium on omnium fell from 28 to 
12 per cent. ; if that news had come instead of this false 
news, on the morning of the 21st of February, the lo»s 
of these three defendants, would have been upwards of 
one hundred and sixty thousand pounds. These persons, 
therefore, were so involved, that ruin stared them in the 
face, and wlien they were in this situation, they did as 
I aile2,( , and as I maintain I have proved by evidence 
perlectiy irresistible, engage in this conspiracy, to give 
this fraudulent rise to the funds by this false news; and 
the moment the object had been attained of the rise of 
the funds, that moment aH the stock was sold, and sold to 
the profit that I have proved. So much for these several 
stock transactions, which supply the corrupt motive by 
which these defendants were instigated to the commission 
of this crime. 

Then, Gentlemen, we come to that which is a very im- 
portant part, and indeed a main part of this case, the ideu" 
tity of Mr. De Berenger ; that identity, including the ques- 
tion of hand-writing* Upon this subject we have had, for 
die last two honrs, the evidence which has nauseated etery 



4S7 

man in Court; the evidence of the alibi, which no man 
living can believe ; in which no two witnesses agree ; in 
M-hich we have contradiction after contradiction from 
every one of them. My learned friend, Mr. Park, last 
night told us we should have the evidence of two water* 
meo, who had rowed Mr. De Berenger across the Thames, 
who knew liis person perfectly well, and who recollected 
the occurrence particulaily, because it was the first Sunday 
after the frost had broken, and the river became navigable. 
I suppose the river is frozen again this morning as tliey are 
not here. Gentlemen, the interval of the night has made 
the advisers or manufacturers of this part of the case reflect 
upon it, and they have brought, instead of the two water- 
men from the river, the Irish ostler from Chelsea. Gen« 
tlemen, they w ho projected this alibi, did not attend to one 
circumstance, which cannot fail to have struck you long 
ago, namely ; that this is a case perfectly unassailable by 
alibi. Let it be supposed, that I had not identified Mr. 
De Berenger by the persons who saw him at Dover ; by 
the persons who saw him on the road ; by those who saw 
him get out of the chaise at the Marsh Gate, and get into 
a hackney coach ; that I had not identified his counte- 
nance by any one of them, still his identity is established 
beyond all contradiction, for knowing that an alibi would 
be attempted, I defeated it by anticipation. I take up 
De Berenger at Dover as I would a bale of goods - 1 have 
delivered him from hand to liand from Dover to London — 
Ihave delivered him into the house of Lord Cochrane — and 
1 have Lord Coclirane's receipt acknowledging the deli- 
very. You have, at the Ship at Dover, the person, pre- 
tending to be Colonel Du Bourg, the aid de camp, in a' 
grey military great coat, in a scarlet uniform embroidered 
with gold lace, and he has a star and a medallion. You 
lutve him traced from stage to stage, identified by the 
J^apoleoDs with which he is rewardmg his postillions ; the 

Ees 



438 

firet poAtillioA delivers him to the second, tiie second to 
the diirdi and so on rill he is landed in the house of Lord 
Cochrane. Who went into the house of Lord Coohrane ? 
Ask Lord Cochrane. It was Mr. De Berenger, and it is 
not pretended that any other person entered that house in 
that dress, or any thing resembling it; and tlierefoire if I 
had not any witness to speak to the identity of thecoun* 
tenance of Mr. De Berenger, I have proved such a case as 
no alibi can shake. But add to that the evidence of identity. 
I have had much experience in courts of justice, and much 
upon the subject of identity, and I declare, I never in my 
life knew a case of identity, by the view of countenance, so 
proved'. The countenance of Mr. De Berenger is not a 
common one, a person who has observed it cannot have 
forgotten it* I do not call merely such persons as have 
seen him at the messenger's, or in the court of King's 
Bench, or anywhere else. I put the case to the severest 
test^ calling witnesses who had not seen him since his 
apprehension, desiring them to survey the court, Mr. 
De Berenger sitting, as he has done, undistinguished from 
other persons, in no conspicuous situation, and you saw, 
how one after another, when their eyes glanced upon 
his fiioe, recognised him in an instant as the perscm who 
had practised this fraud. Now, gentlemen, if this were 
not a case of misdemeanor, but a case in which die life of 
the party were to answer for the crime he had committed^ 
I ask, whether many — many—* many guilty men have not) 
forfeited their lives upon infinitely less evidence than L 
have given as to the person of Mr. De Berenger J 

Then if Mr. De Berenger was Colonel Da Bourg, what 
becomes of the question of hand->wnting f The hsaadj^, 
writing of De Berenger to Du Bouvg^s letter, was spokeq 
to by Mr. Lavie, who had made pardcalac qheervation oa 
Ins hand*writing, having seen him write attke mesaenger's. 
My leamedr&i^^ l^r. Parkj says hesfao^ld not kaon^ tbe^ 



439 

hand-writing from an hour^s observation; perhaps not; 
bnt this was more dian an hour's observation; it was ob- 
servation repeated more than once^ and it was observation 
for the very purpose. The fact confirms the judgment 
of Mr. Lavie. I ask, who sent the letter to Admiral 
Foley? The answer is, Mr. De Berenger; whose hand 
writing is it i can you have any doubt that it is the hand- 
writing of the person who sent it ? On this point, wiir 
nesses are called by De Berenger (one of them a most 
respectable witness, undoubtedly) to prove that this does 
not resemble his ordinary hand-writing. No, gentlemen, 
certainly not; he would not write in his usual hand. 
Lord Yarmouth says, the character is more angular dian 
his usual hand. That would be the case, where a man is 
writing a feigned hand ; but still that occurs here, which 
almost always does occur, a person so writing is very likely 
to betray himself just as he gets to the end, and when he 
comes to sign his name, the inidais shall be so striking, as 
at once to excite the observation of such a man as Lord 
Yarmouth, and his lordship says, This R in the »gnature 
of R. Dn Bourg certainly does very much resemble the 
R in the usual signature in C. R. De Berenger; but, 
taking the evidence of identity and that together, it is 
clear, that be was the person at Dover ; that he was the 
person, therefore, who sent the letter to Admiral Foley; 
and the evidence of Mr. Lavie is therefore so strongly 
confirmed, as far to outweigh all the evidence you have 
had: on the other side respecting his hand«writing. 

Then, gentlemen, we come a little further; my learned 
friends last night addressed you at great length, and with 
great earnestness, upon Lord Cochrane's affidavit^ and 
they requested you would not suppose Lord Cochrane was 
capable of mdring a false affidai^it. Gentlemen, that 
Lord Ooobrane would have been incapable of deliberately 
engaguig. in any thing so wicked some time ago, I am 

Ee4 



440 

«ure I as earnestly hope as I am desirous to believe ; but 
jou must see in what circumstances men are placed, when 
they do these things; Lord Cochrane had first found his 
way to the Stock Exchange, he had dealt largely in these 
speculations, which my learned friends have so liberaHj 
branded with the appellation of infamous ; he had involved 
himself so deeply, that there was no way, but by this fraud, 
of getting out of them ; he had then got out of them in 
this way, and, then he found, as guilty people always do, 
that he was involved still deeper; he found the great agent 
of the plot traced into his house, and traced into his 
house in the dress in which he had perpetrated the fraud ; 
he was called upon for an explanation upon the subject. 
Gentlemen, he was gone to perdition, if he did not do 
something to extricate himself from his diflSculty; then 
it was that he ventured upon the rash step of making this 
affidavit, and swearing to the extraordin.iry circumstances 
upon which, as I commented so much at length in the 
morning of yesterday, I will not trespass upon your atten- 
tion by making comments now. 

My learned friends were properly anxious not to leave 
Lord Cochrane's affidavit to stand unsupported; they were 
desirous of giving it some confirmation, and they ex- 
hausted two or three precious hours this morning in calling 
witnesses to confirm it; but those witnesses were called 
to confirm the only part of the affidavit which wanted no 
confirmation; they were called to give Lord Cochrane 
confirmation about applications to the Admiralty, and 
applications to the War Office, and applications to the Co-, 
lonial Office, by Sir Alexander Cochrane for De Berenger ; 
and after they had called witness after witness to give this 
confirmation upon this insignificant and trifling point, tbey 
have bim without confirmation upon that important, that 
vital pMrt of this case to my Lord Cochrane, videlicet ; the 
drejis w^ipb Mr Dp Perengei: woy? 9^i tb^ Viwe be 9«q)e ta 



441 

that house, and had with him that interview. Lord Cocbiaiie 
puts him 00 a grey military great coat^ a green uniform, 
and a fur cap. I have proved, that the uniform he wore 
was red. My learned friend, Mr. Serjeant Best, felt the 
strength of the evidence for the prosecution upon that, and 
he endeavoured to answer it hy a very strange observation. 
" Why/' snys he, " consider. Lord Cochrane had been 
accustomed to see Mr. De Berenger in ffreen ; he did not 
make his affidavit till nearly three weeks afterwards ; and 
how very easily he might confound the greeny in which he 
ordinarily saw him, with the red, in which he saw him on 
tliat day, and on that day only/' Now, if I wanted, to 
shew how it was impossible for a man to make a mis- 
take, as to the colour of -the coat in which he had seen 
another, I should select the instance in which he had 
seen that other in a peculiar dress but for once. 

But, gentlemen, my learned friend had to account for 
more than the red coat. It is not a plain red coat, it is 
a scarlet military uniform, the uniform of an aid^e-camp ; 
and on the breast, there is that star which you have seen ; 
and suspended fron^ his neck, there is the medallion. Lord 
Cochrane is a man of rank, not unacquainted with the 
distinction of a star. If he was not in the secret of De 
Berenger's dress, he must have had curiosity upon the 
subject; and I beg to ask, what is to be said for Lord 
Cochrane seeing De Berenger in that scariet uniform, with 
that star on his breast, and that medallion suspended from 
his neck, swearing that the uniform was green, and that 
he lent De Berenger a black coat, because be could not 
wait on Lord Yarmouth in.that^eeit uniform, which you 
will recollect was the uniform of Lord Yarmouth's corps, in 
which. Lord Yarmouth has told you, it would have been more 
wilitai-y to have waited upon him, than in any other dress. 

Gentlemen, there is more than this. My friends call one 
0f {4)i'd Cofibraae's s^rvaatSj who received De Seredger 



44a 

mbxaok he came Ibere, who told him hi the hearing of the 
hackney ooachmaa, that his master vas gone to farcaklast 
in Cnmberland-streety who took the note which De Beienger 
wrote to Cumberland-stneety who broa^it back the note, 
and upon that note Mr. De Berenger wrote two or thnse 
lines more. Then what becomes of Lofd Cochrane'a 
affidavit^ who says the signature was so near the bottom 
of the paper, that he conid not read it. The postscript 
is written after the signaturc, jet Lord Coduraie cannot 
read the note, because the signature is written so near the 
bottom ; and then when my learned friends had that ser^ 
ram in the booc, they did not venture to ask that servant 
what was the dress of Mr. De Bevenger. After calling 
witnesses to confirm Lord Cochrane, as to applicationa 
to different offices by Sir Alexander Cochrane, they dare 
not ask Lord Coebrane's own servant as to the dress De 
Berenger wore, to try whether he could confirm Lord 
Coebrane's affidavit upon that subject. They then tell us,' 
that anodpier servant is gone abroad with some admiral, 
and I pray you, as he was here long after this business was 
afloat, how was it he was suffered to go, unless his absence 
was more wanted than his presence ; but they have a maid- 
servant who also saw him, and she is not called ; and my 
learned friends, though they were so anxious to confirm 
LotdCoohrane's aflMavit, leave him without confirmati<Hi, 
utterly- abandoned and hopeless. 

ilfr. Bt^ughum. Davis had left. 

Jfr. Gmrmy* I say why was he suffered to go away i 
The maid^servant is still here, and she is not called.- 
Gentlemen, I say so mudi for the affidavit of Lord 
Cochrane, which is a ^ial part of this siibject, and upon* 
whioh, I observe with great regret; bat if I forbore the 
observations^ I should desest the duty which I- owe thet 
pnbUc. Gentlemen, theve is indeed but htde more for 
me to trouble you witbi I thiok^ b«t thoi^ ww an obiexw* 



443 

Tatidi made by ny kanied ftieaif wfaich u T»ry im« 
portant; tbey crass-examined Mr. Wright, whom I put 
up to prove the affidavit, by asking him, whether Lord 
Cochrane did m>t at the time he put that affidavit iata 
his hands, observe, that now he had furnished the Stock 
Exehaage Committee with the name of Mr. De Bcrenger, 
if he was the persoti who practised this fraud. GendemeD, 
Mr.SeijcantBest laboured this point with yon in the course 
of his address to yon, and laboured it with great ability; 
but my learned friend did not advert to one circumstance 
respecting that affidavit, which disposes of ail his obser* 
vatioBS in an instant. fVken did hotA Cochrane furnish 
the name of De Berenger to the Committee of the Stock 
Exchimgef On the lUh of March; Mr. De Berjenger 
having quitted London on the 27th of February, twelve 
days before ; and when my Lord Cochrane had no more 
doubt that he was out of tlie country, than that he waa 
himself in existence ; he was gone to the north, not gone 
to the south, to Portsmouth, to go on board the Tonnant } 
he had been gone twelve days, twice as long as was neoea-* 
sary to find his way to Amsterdam ; it was believed he waa 
safe tliere, and when it was thought he was quite safe, Loni 
Cochrane was extremely ready to furnish the Stock Sx* 
change Committee with the name of the party, and so to 
get credit for his candour. " What can a man do more) 
I have given you the name of the party, only find bim^ 
and you will see whether he is Du Bourg, or not;" he did 
not expect that he would be found; he was, however^ 
found, and tlie intentions of these parties were frustrated. 
I come now, gentlemen, to another part of the case, 
which would have excited my astonishment, if it had not 
been for the management and machinery that I had seen 
iathiaoase; still I could hardly have expected to have 
mt^ with that which we have had to-day in evidence, I 
mew the mode which has been resorted to> of accounting 



for the bank notes which were found in the letter-caae of 
Pe Berenger, and. those that were paid away by hiou 
Gentlemen^ the Defendants knew this part of our case; in 
truth, there is no surprize upon tlicm in any part, they 
knew it all. You have it in evidence, that tliey have in* 
spected the notes in the letter-case; they knew the use 
that we were to make of them, and then we have that 
notable expedient, the fruit of Mr. Cochrane Johnstone'^ 
fertile brain, the mode of accounting for all these bank 
notes, by this extraordinary transaction of the draw- 
ings of a design for improving an acre of ground behind 
. Mr. Cochrane Johnstone's house in Alsop's buildings. 

Now, gentlemen, only have the goodness to look at it. 
The work was done, it is said, last Septemba-; j^^. 50 was 
then paid on account, respecting which you might, from 
Mr. De Berenger's letter, have supposed that no voucher 
had been given, for it is mentioned carelessly in the post- 
script, *^ a-propos, you have paid me £. 50 on account." 
On the contrary, you find that Mr. Cochrane Johnstone 
took a stamped receipt at the time; then we have the 
architect called, as in an action on a quantum meruit ; and 
architects have most magnificent ideas of plans and money, 
and he tells you, that two or three hundred pounds would 
not have been too much for such a design as that. Gen^ 
tlemen, I think we are all as well qualified to decide upon 
that, as an architect; you will, if you think proper, look 
at it, and form your own judgment. But bow oomes it 
that we have these strange accounts frpm Mr. Tahonrdia» 
his verbal testimony contradicting his client's letter. Mr. 
Tahpurdin says, *' I did delicately, but I did by Mr, Bereft- 
gers desire, again and again hint to Mr. Cochrane Johiw 
stone the subject of payment, to which I must do biia 
the justice to say he was never averse. I had done thia 
some time before February, but no money had come;" taiA 
then, as soon a3 these words we^e out of bi» xnQMtbj he mli 



445 

in Mr. De Berenger's letter to Mr. Cochrane Jbhnsttmey 
who says, " You (Mr. Cochrane Johnstone) have beea 
pressing me to take money, and now I will take it." Ob, 
gentlemen^ when does this fit of money-paying and money- 
taking seize these two persons ? On the 22d of February! 
The day speaks volumes. Added to all the extraordinary 
coincidences, which the Defendants wish you to believe 
were accidental, we now have the acknowledged payment 
of money by Mr. Cochrane Johnstone to Mr. De Beren- 
ger, on the day after Mr. De Berenger had «o rendered 
Mr. Cochrane Johnstone, Lord Cochrane, and Mr. Butt, 
the important service of raising the funds by the imposi- 
tion that he had practised, of which they had so promptly 
and profitably availed themselves. 

Then, gentlemen, we have the extraordinary evidence 
of Mr. Tahourdin, the attorney for Mr. Cochrane John- 
stone and for De Berenger, from Avhich it appears that they 
were all getting up the defence to the indictment by anti- 
cipation. Mr. Tahourdin is to give a contemporaneous 
existence to the transaction by the 'production of these 
letters and instruments, the receipt for two hundred pounds, 
aad the promissory note for two hundred pounds more. 
From all this it is plain, tliat Mr. Cochrane Johnstone, at 
the very moment when he was settling with his agent his 
reward for the fmud he had committed, like a man of great 
foresight, looked forward to the possible consequence of 
the trial of this day, and he provided for it, as he thought, 
sufficiently : — " It may be thought, Mr. De Berenger, that 
this money which I am now giving you is for the business 
of yesterday, let us take care to prevent it ; you write to 
me, I will write to Tahourdin ; it is not absolutely neces- 
sary (perhaps, he added) to trust him with the secret, he 
will be an admirable witness hereafter ; I will put into bis 
hands the promissory note and the receipt, he will give 
tbem conlemporaneous date, and then I shoU be jiblQ to 



446 

Bccoant f6r my giving you, oa tlus 26th of February, four 
hundred pounds." 

Persons ^ho devise these cootrivances, gentlemen, have 
not, as I observed to you yesterday, the skill to provide for 
dl ciicnmstances, and now and then the very things which 
tiicy do to eiFect concealment, shall lead to detection. — 
Now mark :— -Mr. Cochrane Johnstone is to pay and to 
lend to Mr. De Berenger four hundred pounds. As 
he was to give him four hundred pounds, why did he; 
or Mr. Butt (for they are one and the same) take so much 
trouble, and go through so much circuity in shifting and 
changing the bank notes ? You observe, that the bank note 
for JE, 200 is sent to the bankers, and exchanged for two 
notes of ^.100 each ; and then the same agent is sent to 
the Bank of England to get two hundred notes of £. 1 
each ; and that about the same time another dgent is sent 
to the bank, to exchange the two other notes for £.100 
each for two hundred more notes of £. 1 each. Why, for 
the purpose of this payment and this loan^ do they go 
through this operation of changing and changing again, to 
procure a vast number of notes for Mr. De Berenger, to 
enable him to take this long journey to the north ? Why, 
gentlemen, it is because one-pound notes are not traced so 
easily as notes for one hundred pounds ; people take these 
small notes without writing upon them, bat they do Write' 
upon such large notes as ^. 100 and £. 200, and that they 
knew might afford means of immediate detection. But 
the device, when detected, makes the fact still stionger, 
and you have in proof, that sixty-seven of one hundred, 
and forty-nine of another hundred, were found at Leith 
in De Berenger's writing-desk. This affords a strong pre- 
sumption, that he had the whole four hundred, besides* 
which I have traced to him ; a forty-pound note which be' 
changed at Sunderland, and a fifty-pound note which he 
gavo to his servant, Smith; and these, too, have beea- 



447 

traced up to Mr. Butt* When all these turnings and 
windings are thus discoTered, what measure of your un« 
derstandingS; gentlemen^ must theae Defendants have 
taken, to imagine that you could be imposed upon by such 
flimsy materials as these manufactured papers f The device 
is gross, palpable, and monstrous. What does ail this 
prove ? — Nothing for the defendants ; but then it proves 
a great deal against them. Recollect too, gentlemen, that 
this £. 400, which is shewn to come out of the bands of 
Mr. Cochrane Johnstone and Mr. Butt, after the 24th of 
February, is also shewn to have come originally out of the 
hands of Lord Cochrane himself on a prior day ; and there*- 
fore you have the money coming out of the hands of aH 
the three ; the reward of the agent coming out of the 
Hands of the persons who had been benefitted by the frau- 
dulent services of that agent. 

Gentlemen, it is difficult to abstain from many more 
observations on this defence ; but the case is too clear to 
require them, and I will no longer trespass upon your pa- 
tience. It appears to me absolutely impossible to doubt 
respecting the guilt of the several defendants. De Be- 
renger is Du Bourg. When De Berenger is Du Bonrg, 
the rest all follows; he was the agent of others, tmques- 
tionably; be was not himself the principal. Yon have bad 
a mass of perjury exhibited tonlay to extricate him, and 
consequently his employers. That, like all falsehoods, when 
detected, only serves to make conviction more clear and 
more certain. With these observations I sit down, feeling 
most grateful for the patient attention I have received, 
both from his Lordship and from you, and perfectly sure 
that you will do justice to the Public. 



448 



SUMMING UP. 



Lord ELLENBOROUGH. 
Gendemen of the Jury, 

YOU are now come to that period of the case in which 
jour most important duty is to be discharged, us it respects 
the individuals who are the object of this indictment, and 
the public, whose interests are to be protected by the 
justice you are called upon to administer. 

This is an indictment for an offence of great malignity 
and mischief; it is for the offence of conspiracy, which is 
charged to have been committed by the eight persons 
whose names are upon this indictment ; and it is for you to 
consider upon the statement of the evidence I shall make 
to you, how far that offence is brought home to all or any 
of these Defendants. 

The offence of conspiracy, gentlemen, is an offence 
consistmg in a wicked concert, contrivance, and combina* 
tion of individuals, to effect some public or private injury 
or mischief; that contrivance and that combination is not 
to be collected, nor is it practicable, in the course of human 
affairs, to collect jt from the mouths of the parties as- 
sembled lor the purpose of communlaition, but from the 
actings and conduct of the several parties as they may 
appear generally, to ^conspire and conduce to the same 
wicked eud and purpose ; and if it appears to you, from the 
actings and conduct of these parties, that they entertained 
the same common purpose of mischief, and that they have 
by their several actings combined and co-operaied to the 
effecting that same wicked purpose^ that is sufficient to 



449 
bring home the imputation of the crime diarged against 
the parties; therefore the prosecutor need not shew that 
they have met in common council, or even that they have 
seen one another before, if their acting shews they were 
influenced by one common purpose of mischief, and aimed 
at the production of the same malignant end and effect. 
Suppose persons jointly charged in an indictment with the 
breaking of an house, are found on different sides of the 
same house, besetting and endeavouring to enter it at the 
same time; you need not shew that they had actually met, 
and previously contrived the plan of this joint robbery ; 
the unity of their conduct proves their joint contrivance 
and concert to accomplish the same end; though, indeed^ 
this is a case where personal presence at the acts done^ 
renders all intendment of the personal concert of the actors 
unnecessary. The same rules which apply to the offence 
of conspiracy as a misdemeanor, apply equally to all 
crimes committed by concert up to the crime of high trea- 
son, which is often established by evidence of the distinct 
actings of separate pafties breathing the same purpose, 
and immediately conducing to the same end. The ques- 
tion, therefore, for you to consider upon the evidence 
(which I am sorry it will be necessary for me to state to 
you at a greater length, than, with regard to your ease and 
convenience, I could have wished) will be, whether the 
case is not brought home by satisfactory evidence to a 
great number, if not to all the Defendants. 

The crime charged upon this indjatmeut, in eight differ- 
ent charges or counts, is that of conspiring to raise the 
price of the public funds ; in bOiue of tiiem it is charged 
to be with a view to corrupt gain upon the part of these 
persons or some of them, or at least to the pnjudice of 
other indiiiduals; for that is enough to constitute the 
offence, evien if the individuals engaged in this conspiracy 
had not (as it is ijnputed to them that they bad) any cor« 

Ff 



m 

rupt ihbtire of personal advantage to all or any of tbcin- 
selves to answer; if the criminal artifice operated, or was 
in all probability likely to operate to the prejudice of the 
public, and was clearly so intended, we heed not go fur- 
ther ; whed we know that a great amount in the funds is 
at certain periods bought for the public or large cUsses of 
ihdividuaTs ; and you find by the testimony of Mr. Steers, 
that oh this very day the sum of of. 15,957. 10. 8; was 
bought for the Accountant General, which Would bave 
been bought for less; and every person for whose use the 
Accountant General purchased, having to acquire \}j 
means of such piirchase shares in the public securities, 
Would of course have so much the less stock for his mo- 
Viey, on account of this fraud, and would consequently 
receive a great pecuniary injury thereby; and no doul[>t, 
multitudes oif persons besides those immediately alluded to, 
and whose case's are ilot brought individually under your 
view, must have been affebted by it j for the dealings in 
the funds are, we know, every day carried on to a vast 
Amount, And every person dealing 6n t'hat particular day, 
as a purchaser, was prejudiced by the prtictices by which 
a false elevation of the funds was on that day occasioned. 

Of the counts, one or two, I tliink, are not counts on 
which, properly, your verdict can be founded, becaufe 
they state, that every one of these ^Defendants knew tW 
a gain was to be acquired by Mr. Cochrane Johhstohe, 
Lord Cochrane, and Mr. Butt; and it does not appefllr, 
with sufficient certainty, that they kiiew the relation in 
which these three persons stood to t'he funds, or their in- 
terest and speculations therein ; I mean, that such persons 
as M'Rae, HoUoWay^ an!d so on, might not know the 
precise situation in which the three stood ; but if they all 
, co-operated to die same end, and the Northfleet imposi- 
tion, as I may call it, Was intended to be auxiliary to the 
unpdsition infended to be effected by the way of Dover, 



451 

and the.parties knew that they were acting in the same 
fraud, and were respectively conscious instruments ia pro- 
ducing the same effect, they are all guilty of the same 
conspiracy 4 and it has been admitted, by a learned counsel 
for some of the Defendants, that his clients, Holloway, Lyte, 
and Sandom, have been concerned in a conspiracy ; but, 
he says, that the conspiracy in which they were concerned, 
was another and a different conspiracy, from the one in 
which the three first-mentioned of the Defendants wcie 
engaged ; and that you cannot unite the two conspiracies 
together, and convict them all as guilty of one entire 
individual conspiracy; and it will be one material point 
for your consideration, whether, under the circumstances 
which have appeared in evidence, it is made out to your 
satisfaction, that they were all conspiring to effectuate the 
same purpose, pursuing similar, and with almost a servile 
imitation and resemblance, the same means, at the same 
time, in- the accomplishment of the same end« 

Now how has it been done ? in both instances, by the 
adoption of disguises. Of what nature are the disguises? 
in both instances, military disguises; one, indeed, has 
gold lace round the cape, and the other has embroidery. 
Sarah Alexander says, those procured by M*Rae, were 
pfiicers ooats, with flowers of worsted, and that the hats 
were embroidered, the one having a brass plate, and a gold 
tassel^ instead of the sort of ornaments that the superior 
actor in this conspiracy (if such you shall be of opinion 
lie was) had. One was decorated with a star, and that 
silver ornament that you have seen; the other was in ra- 
ther a plainer dress; but there was in each case the assump- 
tion of the character of officers; and the communication 
of false intelligence respecting the good news which was to 
accelerate peaoe, was common to both parts of the scheme. 
You will consider, upon the whole of the evidence, whe- 
ther there is not a Jink ^r connection, between the upper 

Ff 8 



452 

and under plot, through the means of M'Rae, and peifaapt 
o( Mr. Cochrane Johnstone, and, whether the two con* 
spiracles are not united through the means of that person, 
M^Rae ; his conduct itself is extraordinary ; by a most 
remarkable offer, on the part of Mr. Cochrane Johnstone, 
it is proposed that there should be the sum of «£.io,ooo 
given to this man; a man in a low and ordinary and 
desperate situation ; and it is stated, that Lord Cochrane, 
Mr. Cochrane Johnstone, and Mr. Butt, would give 
«£. 3,000 among them. Why should they give that? If, 
indeed, they could thereby mislead and draw away the 
public attention, and divert it to the pursuit and hunting 
down of M'Rae, as the sole artificer and perpetrator of 
the fraud, and could thereby turn asidex observation and 
suspicion from themselves (supposing them to be properly 
charged with this offence), <£. 3,000 would be well p»dy 
and cheaply employed for such a purpose. It is for you to 
say, whether these letters which have been read' to you, 
do not appear pregnant of this contrivance and device on 
the part of the writer. 

The first question, gentlemen, will be, was the Defen- 
dant, De Berenger, the man who was found at Dover, about 
one o'clock on the morning of Monday the 21st of Fe* 
bruary, and who proceeded through the several stages to 
London, and ultimately to the mansion of Lord Cochrane 
himself, and was there received with that dress, whatever 
it was, that he wore; but the dress he wore, is proved by 
so many witnesses, that I will not fatigue yoti with stating 
it now, because I must, by and by, state the whole of the 
evidence to you. 

A great deal of observation has been made about the 
character of hand-writing, of what I call the Dover letter 
— the letter sent to Admiral Foley ; the object of sending 
it to him cannot be doubtful, for it was intended that the 
Port Admiral should (as he would if he had believed the 
report) communicate that intelligence to Government^ and 



453 

which, if the day had heen tolerahly clear, might by 
telegraph have reached this town in much less than half 
an hour, I believe in a quarter of an hour ; and having 
been sent o£f at this very early hour to Admiral Foley^ 
who was called out of bed to receive it, it would have 
been in town early, and the stocks would have been up at 
the very moment, when under the peremptory order before 
given, «£. 50,000 would have been sold, as well as every 
other part of the stock, standing in the names of the 
Defendants. 

Gentlemen, there has been great stress laid upon this 
letter, and whether it be or be not the hand-writing of De 
Berenger, I will not (for it is not my province) draw the 
conclusion which might be drawn from looking at that 
letter ; it appears to me evidently an artificial, upright, 
stiff hand, as contrasted with the ordinary natural diaractor 
of hand-writing of that gentleman. It is sometimes useful 
to look where the same words occur in different parts 
of the same letter ; and when you come to look at the 
words, '' I have the honour to be,? in one part of- the 
letter, and the words " have pledged my honour," &c. . in 
the other ; they present in the first instance, a more angular 
formation of letters than I have generally seen, and with 
reference to the idea thrown out of this being written in 
great haste, it is not impossible that this gentleman having 
meditated the whole contrivance before-hand, should have 
brought this letter down with him, ready written and 
directed from town, and that he had called for pen and ink 
merely to go through the appearance of writing a letter, 
and which he might fold up as if for the purpose of bemg 
sent ; but that he might hand over to Wright, of Dovei^, 
the letter he had brought with him, not trusting to the 
hurry of the moment for the proper formation of one. I 
do not say that such is the fact; but it is clear that th^ 
letter produced, is the one he actually sent ; for he says 

Ff3 



454 

afterwards to the witness, ShilliDg, that he had sent a lett^ 
to Admiral Foley, in order to apprize him that the tele- 
graph might work ; the Dover express-boy proves that he 
carried the letter given to him, to Admiral Foley, and 
what letter can that be, if it is not this, which is proved to 
have been delivered to Admiral Foley? This letter was 
calculated to impress the Admiral with the belief, that the 
allies had obtained a decisive victory, that Buonaparte was 
killed, that the allies were in Paris, and that peace w^ 
likely to take place immediately. After the calamity of the 
]ong war we have had, ending as indeed it hasended,in the 
fulness of glory ; we all feel that we have had an abundant 
measure of glory, though painfully earned ; every body re- 
collects the sort of electric effect produced upon this town 
the moment the news now under consideration arrived ; 
the funds were raised pretematurally ; one cannot indeed 
on looking back, account for it, how the omnium should 
have been up to twenty-eight at that time ; there was a 
considerable elevation beyond that price during the course 
of that day ; it rose to thirty and a fraction. 

Gentlemen, the prosecutors allege that the Defendant, 

Pc Berenger, having forwarded this letter, pursued his 

course, coming to town in the manner stated^ and that 

he ultimately came to Lord Cochrane's house, upon which 

I shall hereafter comment. You will not, 1 think, have any 

doubt that De Berenger was the man who appeared under 

the name of Du Bourg ; but in order to obviate or remove 

that impression from your minds, the learned counsel for the 

Defendant, De Berenger, did adventure or rather was forced 

upon an attempt, which I own it seemed to me to require 

the utmost firmness to attempt to execute ; for there 

never was evidence given since I have been present in a 

conirt of justice^ which carried to my mind such entire 

conviction of the truth and authenticity of that part of 

ifae story; you were yourselves witnesses to the manner 



4fi5 

in >^hich the witnessesi who spoke to the person of pe 
Berenger^ were put upon the investigation ; they were told 
to look roiind the court, and thejr accordingly threw their 
eyes abopt the court in every direction, before they found 
the person whom they said they had so tal^en notice of; 
you saw them look behind them, look dowUi and on every 
eide of them, and then suddenly , as if they were struck 
by a sort of electricity, conviction flashed upon their minds 
the instant their eyes glanced upon him; this occurr^.in 
eyejy ii^stapce I think but one, wh^re the witness not 
having bis eyes conducted that way^ did not discover him. 
The learned counsel having such abundance of proof on 
|;his head, did not resort to a means usually adopted on 
occasions of this sort, and to which it is perfectly allowable 
to resort, namely, that of shewing the person to the witnes^, 
and asking him whether such person was the man ; when 
a man stand^ for his life at the baf of the Old. Bailey, the 
witness is frequently bid to look at the prisoner hX the 
bar, and to say whether he remembers him, and whether 
he is the person, or one of the persons (as ihe case may 
be) who robbed him ; and he pronounces whether apcprd- 
ing to his recolliection, he is the pepon or not. Sp mul- 
tiplied a quantity of testimony, 59 clear, ^d so consistent, 
was, I think hardly ever presented in the course of any 
criming trial ; differing in no cii^umstance respecting his 
person Qqd dres9, excepting in some trifles, which amidst 
the general accordance of all material circumstances, 
rather coi^firmed by this minute diversity, than weakened, 
the general credit of the whole, and gave it the advantage 
which belongs to mk artless an4 unartificial tale. . Sonxe 
saying his cap was a little 4at, as it might be owing to 
it^ being drawn over his facej one saying that it was 
ji^rown ; another I tl^ink^ that it w&s of a fawn colour ; and 
on^ whp spQ)ce with the utmost certainty in other par- 
jtjcf }^^ that i^ was fieairly the colour of bis pepper and 

Ff4 " 



%56 

salt great coat ; bat in all the otlier substantial fMtrticttlars, 
they concur in their accounts most exactly; and these 
minute variances exclude the idea of any uniform c6a-» 
trivance and d^ign in the variation ; for where it is an 
artificial and prepared story, the parties agree in the 
minutest facts, as T^ell as the most important; and 
indeed, gentlemen, so abundant, so uniform, and so 
powerful is the evidence as to one point, viz,, the identity 
of Berenger, that it strikes me, that if these witnesses are 
ilh^not to be fully believed as to this point, then almost 
every man who has been convicted at the Old Bailey upon 
so much weaker proof of his being the person who com* 
mitted the particular crime with which he is charged, (and 
which has been the case in almost every instance I have 
known), may be considered as victims unjustly sacrificed 
in a course of trial, to the rash credulity of their Judges 
and juries. If the evidence produced is not sufficient to 
establish this point, I am at a toss to say by what description 
and quantity of testimony, such a point can be satisfactorify 
made out in a course of trial. 

When the learned counsel addressed himself to prove 
an ah'bi, I could not foresee how it would be satisfactorily 
arcomplished; [ cannot say I believed he would accom- 
plish it, but 1 believed it would be attempted by better 
evidence than that which has been adduced; you recollect 
the prior testimony of the Davidsons; the servants had 
gone out at two, instead of four; Mr. De Berenger, ac- 
cording to the evidence he has adduced, is found three 
miles and a half off; where he had dined, is not shewn, 
he is in a hurry to get back ; according to the next set 
of alibi witnesses, he is found at Mr. Donitbome's between 
eight and nine, havmg been found there in the morning, 
to meabure the garden, at not a very convenient time, with 
the snow upon the ground ; and who are the people who 
ipeak to this? a man who has been in the habit, whicb 



sotiie of ti8 are, of examining the conntenances and de* 
meanor of men brought forward to speak to guilty un- 
truths, becomes in a degree familiar with the modes of 
behaviour which such persons adopt. From something 
in the manner of one of the witnesses, which suggested 
to me that such a question might not be improperly ad- 
dressed to him^ I asked him, whether he had not been 
used to be b^i) I (thinking that he might possibly be one 
of -those hired bail, who are the disgrace of our courts of 
justice). What does he answer P why, he had been bail 
once, and then he had been bail another time, and the 
amount he did not know ; and I think he said he did not 
know whether he had not been bail oftener; a man who is 
in the habit of being bail, must swear to the amount, and 
he must swear he is an housekeeper; and this man had 
no house over his head of his own, but was Hying in the 
house of another ; I thought, too, the man might have 
failed, and been obliged to quit his house on that account; 
and it so appears, that he was undone in his circumstances, 
and that he was a man occasionally presenting himself to 
swear to his possession of property, warranting his becom- 
ing bail for others. Then what becomes of Donithome ; 
heis an inferior cabinet-maker, employed by Mr. Cochrane 
Johnstone, and has brought a great number of penal actions 
for him ; at every turn of the case, he doubles in upon us, 
and you will presently have to say, whether he and others, 
and which others, are not affected by this case. 

Gentlemen, the evidence begins with that of John 
'Marsh, who keeps the packet-boat public house at 
Dover, he says, ** Upon that aist of February, I beard a 
knocking at Mr. Wright's fore door of the Ship Inn, 
between one and a quarter after one o'clock ; I went out 
upon hearing that, and, on going out, I found a gentleman 
there, who had on a grey great coat, and an uniform coat 
under it. 1 called for a person at my house to bring two 



45P 

lights acfOfls; when I had the two lights, the gentlemini 
had got into the passage; he had a star on his red coat^ 
under the great coat ; it i& similar to this star." Now, it 
is said these persons saw him in the dark, bat p^ndlea 
were brought over, and yon may see ^ ii|fui> cou^tepanc^ 
by the light of two candles placed near hin^, almost af 
well as you could in the day-light we have at ppesent \ it 
would certainly be sufficiait for the purposes of ohservar 
tion ; if it were not so, half at least of the injuries done at 
night would be very imperfectly proved, if provefl ^t all. 
He says, ^^ I do not recollect that h^ had afiy other orna- 
ment ; be was very ansious ^r a po^t-^^hiuse an4 four ; the 
pester at the Ship came down to him ; he wwted an ex- 
press horse, and a man to send to (he Admir^ ^ Deal;^ 
then it is highly probable, as he wante4 an express 
horse, that he did sepd this letter by that express; 
the witnesses swear they ss^w him vrriting a letter. ^' I 
^ked him where be came from, and he told ^e, be was 
the bearer of the most ini^portant dispatches that )ia4 been 
brought to this country for twenty years ; I as^e4 him 
where he came from ? he tol4 me, from France, I asked 
him> wher# he landed i he told pie, on the beach ^ and he 
begged of me to get a post-chaise and foi^r for biflu; and 
then I went and called Mr. Wright, of the phip Inn ; then 
he wanted pen, ink, wd paper. 1 liad shewn him into a 
jQom; ^ soon w Mr. Wright caipe down stairs, Mr. 
Wright gave me 9 sheet of papei:, and pei^s and inft> which 
I carried into the room ; I gave it to him, and \^ lieg^^ to 
write upon it ; he called for a bottle of Madei^-a, and some- 
thing to eat/' That circiimstance of his having wine, is 
afterwards confirmed, for when l^e is gpii^g vp Sboo^er^s 
hiU, he is giving it away to som^ of the postillions. ^* I 
.asked him, whether I should /call )he coUiep^or qf the port? 
telliughim, ihat it was hi^ business tp sepsi|(4^ people )ifhe(i 
they landed; he m^de «n^er to m^e, t1;iat \^ busmes^ di4 
not lie with the collectors; then Mr. Wright came, and I 



459 

had no more conversation with him; two candles w^e 
placed, one on each side of him, and I could see him^ 
that is the gentleman ; (pointing him out.) A gentleman 
of the name of Gonrley was there, and another of the 
name of Edis, was also there." Then he says, " I went 
to ^et horses with all possible dispatch ; he told the tWQ 
postillions he would give them a Napoleon each;" and 
that description of coin attends him throughout, nor does 
it quit him to the last, for in the very desk when he is 
taken up in Scotland, there were found Napoleons tidlying 
with these ; therefore the proof in this particular is dove- 
tailed and closed in, beyond any thing I almost ever saw in 
a court of justice. Then be says, " he had a German 
cap on, and gold fringe, as I thought ;** and it turns out, 
upon an exhibit we had made to us of a similar cap, that 
De Berenger had such a cap ; those that are shewn, were 
made in the resemblance of what, from the evidence, they 
collected the articles to be. They are not the originals ; 
the coat, it appears, was cut to pieces, and got out of the 
Thames, but the actual cap is not produced ; '^ this is all 
that I heard and saw." 

Upon his cross examination, he says, '* I am not in the 
least connected with the Ship Inn, but on hearing this 
knocking, 1 went across to see who the gentleman was 
out of iiiere curiosity ; I did not observe whether it was 
moon-light, foggy, or star-light." It does not signify which 
it was, for he saw him by candle-light. " The boots let 
him in ; 1 was with him about five minutes altogether^ but 
I cannot speak to a minute ; he was in great haste to get 
away ; I should think he was not more than twenty mi- 
nutes at Mr. Wright's altogether. I held the candle while 
the boots unlocked the parlour door, and I went and put 
them on the table ; he wished me to quit the room, and 
I did not go in any 'more." Then he is asked about a 
1^^ company in the inn, he says, '' I do not know that 
there had been any ; I never saw him before nor yet since, 



460 

till to-day, but I can take upon me confidentlj to swear, tia< 
this is the man*^ He made a very strong observation upoa 
him, and he pointed him out in the manner you sitw. *^ I 
never was examined upon this subject before, only by 
Mr. Stow, the collector/* ^ 

On his re-examination, he says, '' he told me before 
I sent for the lights what his business was, and that be had 
landed on the beach. I was in the passage with him till 
the lights came ; my attention was called to him as a 
stranger of importance. I saw the person when I was by 
myself in the hall, and knew him the instant I saw him; 
I have not the least doubt that he is the same man/* 

One of the other persons who saw him, of the name of 
Gourley, a hatter at Dover, speaks to the same thing.-^ 
'' I was at Mr. Marsh's, the packet-boat, on the morning 
of the 2 1st of February ; Mr. Marsh went over and called 
for lights ; I took two candles and went across with tbem 
to the Ship, where I perceived a gentleman in a pepper 
and salt coloured coat, similar to that which is shewn to 
me. Mr. Marsh asked me to go and call the ostler up, 
and to tell him to get a post-chaise and four immediately. 
I did so ; and after some time, when I had got the ostler 
up, I returned back again and found the stranger in tlic 
parlour; there were lights in the room; there were two 
candles upon the table ; the gentleman was walking about 
in a red uniform trimmed with gold lace, with a star upon 
his breast, and he had a cap on similar to that, with gold 
lace on it. I asked him, what news ; having heard them 
say he was a messenger. He said messengers were sworn 
to secrecy, but that he had got glorious news ; the best 
that ever was known for this country. He rang the bell, 
and called for pen, ink and paper, to write a letter, to send 
off to the Admiral at Deal." So that he professes, as the 
first witness says, to write a letter; and here he speaks of 
sending it off to the Admiral at Deal : — ^* that was brought 



461 

to him, and he continued writing some little time while 
I was tliere. I took leave of him before he had finished 
tlie lett» ; the candles were'sufficiently near him to ob- 
serve him ; that is the gentleman, and I have not the least 
doubt that it is him/' 

On his cross examination, he says, ^ I came over when 
I was called by Mr. Marsh to bring candles ; I went and 
called the ostler, and waited till I waked the ostler ; I left 
the candles in the passage ; I saw him write on the paper 
when it was brought; I was sitting with Mr. Marsh when 
he arrived ; I had not dined at the packet-boat." I sup« 
pose the question pointed to whether this man was likely 
to have been. sober or drunk at that time: I do not know 
that there is any thing extraordinary in a man's sitting up 
till twelve or one o'clock j bnt that has been the subject of 
the observation. • 

Upon his reexamination, he says, ''perhaps I might 
be in the room, so as to have an opportunity of observing 
him three or four minutes; my attention was called to him 
particularly ; he had a cap on sometimes, and sometimes 
not ; I have no doubt that is the man. 

Eliot Edis, a person who you recollect was rather deaf, 
says, '' I am a cooper in the victualling yard at Dover, 
I was at the packet boat on the morning of the 21st of 
February, Gourley was there with me ; my attention was 
called to a messenger who had arrived. I saw the mes* 
senger first at the Ship, he was in a room at the time, 
w&lking up and down the room. I observed his dress ; he 
had a grey great coat and regimentals, scarlet trimmed 
with gold ; I did not particularly notice any other orna- 
ment; he had a cap with a gold band, that was the colour 
of the coat, it was a slouched cap ;" upon that there has 
been much observation ; t' the cap appeared to be mada 
of a kind of rough beaver, I do not know whether it wai 
Uaek or brown ;'' by that light you would ndt know very 



462 

jlistinctly whether it was black or btown; " it iras rather 
flat all roundy and hdd no rim like a bat. I saw him sit 
down and write. I did not hear hiiii say whom be was 
writing to. I coold he«ir him talk ; but bot to onderstand 
him, being rather deaf; his cap 'liras on while I wis 
there." He is desired to look round, ajxd to foint oat the 
gentlemai^ and he says^ ^^ that is the gentlenkan/' pointing 
to him* '* I bav^ nO doubt that is he ^. I had never teen 
him before that ^ght^nor since ;" and yet as yo« saw hiiA^ 
looking round, he idstantly found him Out among so many 
^as there were then round faiaa, it is not ptobkble that if they 
had not seen him b^f<^ and had not his ptctvre efigrvrai 
upon their mindsy they tvould haris kmrnta him again m 
well ; and it would be veiy remarkable that they shtMld 
all pitch upon the same peraOn. ^' I might see him fust- 
haps for five or six minutes ; the cap was jatber sknlolmd ; 
it had no brim to it ; it wcis dfawa ^rer hit foi^head ; the 
. round part of it was di^wn over hb foithead* I ttat MOt 
in court when Marsh was evanrined." It !ww i^gi g ca fa d 
that he might have picked up his story from. 2Mat«h ; but 
a man who was deaf €ou)d not haVe heard him> if he bad 
been in court. 

Mr. William St, John is text oaBed ; he speaks in the 
same manner ; it is uaneeeosary to go through the whole 
of it. He says,. ** be wore a scarlet coat whh long skirls, 
buttoned across, with a re)d silk sash, grey pa«takK>iB, obA 
a grey military great ^oat, and I tkink it Wa» a seai^^km 
cap.;*' now with tbut light be migkt very easily mistlike; 
I believe it is vety common to havo deat«kiii «arps for 
.travelling.. 

Mr. Gum^. This is seal^m, my ijin^d^ 

Lord EUenberough. I dtd not know that ; ^ te had, 

I think, a seal-skm cap on his head*, of « fe<rn doloor>'' 

. and it is a fawn colotic^ oertmify ; ^ there ww« totte 

..omameiUs mi bis umfaim, bat I do «ot Jovow ivrtvaii 4iiiy 



46^ 

weie, something of a star on his militarj dress ; he wa« 
walking up and dtown the room in a very good pace ; I 
asked him^ whether he khevr ahy thing of the coming of 
one Johnson,** a messenger whom the witness expected ; 
** he 6aid he knew tioHlihg at all about him, and begged 
i would leave him to himself, as he was extremely ill ;'' 
this gentleman appears too inqaisitive, and he did not seem 
to like him. '^ On my leaTing the room, he requested 
that they Would send in paper, and pen and ink ; I imme- 
diately retitied, and met the laxtdlord^ Mr. Wright, coming 
into the ro^m, I believe, With the paper, pens and ink ; in 
a few seconds afterwards I returned into the room, and 
ike was Writihg, I did not hear him say any thing about 
the paper hts Was writing. I left the reom immediately. 
I saw him again ^t the door in the stmet. When he was 
stepping ihto the eaitiage, I asked him what the news 
was; he told m6 it was as good as t coald possibly wisk; 
. I did not see what he did with the paper he was writing; 
upon, noir did I hear him say what be w«is writing about, 
he went away the first of us." 

Now this man has been made a good deal the subject of 
comment ; fbr it appe^o^ that he had gone down to Boter; 
and was, in some respect, waiting forTfiews;" there was a 
kind o'f fehictance in him to acknowii^ge that, at respiBtt 
of which there need not have been any, for there is a<H 
'thing WhateVet olbjecttohable in his seadjfug uppaiagmiphs 
for the Travelher newspaper. I believe the pvblishen of 
thes^ papers itid^tly havfe soh^ |>ef«OM Mttioaed at the 
out-portd, to obtfiSii intefifgeace of iHtptrUait erenta, and 
^aiticulnrly at 90 critical and anjcioHis a momtot al tiiat 
was, they wotAd tratuf^Uy have 8U<fih persons at tiia port of 
Dover ; there was nothing he should not avoW ; >and if it 
' \vkA with the view to purchase ni thefcmds, in eoweqtience 

* ot th^ IhteDrgencfe he shooM i^e?^ ; if a toan purchases 

* ifuhdii t][>on puMie itttelligeiice fitiri^ aMd iMmtif come 



464 

by, when every body has Sn equal opportunity of acqoiring 
it and tlie intelligence is genuine^ it is like buying any 
other article in the market, upon fair knowledge of the 
circumstances connected with its value ; it is as albwable 
to deal in that article as in any other, upon equal tenns.; 
but the objection here is to a dealing which resembles the 
playing with loaded dice ; if one plays with secret meaas : 
of advantage over another, it is not fair^playing — ^it 
'is a cheat: I own I have been much shocked with 
this sort of fraudulent practice, called three times 
over, in the letter of Cochrane Johnstone, a hoax; I 
cannot apply a term which imports a joke to that, which 
if the Defendants are guilty of, is a gross fraud upoa 
public and private property ; and unless every species of 
depfedation and robbery is to be regarded as a species of 
pleKsanbry, I think the name of hoax, which has been 
given to it, is very ill applied to a transaction of so dis*- 
bonest and base a description.. 

Then Mh St, John says, ^' I went to Dover, by desire of 
a friend of mine ; his name is Farrell ; he is a merchant in 
the city, and is a proprietor of the Traveller." Then being 
asked, where that gentleman lived, he says, ** In Austin 
Friars: I was to communicate to Mr, Farrell or to 
Mr. Quin.'* Then he says, " certainly the arrival of news 
at such a time would have an e£fect upon the funds/' 

Then William Ions, the express-boy, being shewn to 
the last witness, St. John,' he says, '^ this is the boy whom 
I saw sent with one of the two expresses that was sent that 
night; this lad went with the express to the Port -admiral 
at* Deal, I believe; it was the express that Mr* Wright 
gave him from the gentleman who was there ;yiipi» that 
gentleman.^ 

William Ions says, ** In February last I was iii the ser« 
vice of Mr. Wright, of Dover; I was called up when the 
offic^ arrived' there, and was sent with an ^xpre^. ta 



465 

Ad m al Fclej ; I took ihe letter I received to Admirtat^olqr^ 
Mrl Wright gave ine tlie letter whilst I if^its ttpon my p<my ;- 
lite came om-to the cloor with it;' and that letted Vhich- 
I* receive; I delivered to the Adrnfral's servawt at, Deal. ' 
She took It up Starrs to the Admiral, and I saw the Admiral 
befor* I fcft Deal; after ilie letter was delivered to the »er-- 
Van*, who look it up stairs." Therefore, whatever he jrfe-* 
curved at Dover be delivered to the Admiral, afkl what the* 
Admiral received we have here; there is to inlerriiptioB ia^ 
the proof certainly/ in <conse^u^tice of Wright, of 0over,' 
not being well enough to be bore as a witness; and there-- 
fore it did not appear by his testimony, that that which he, ' 
Wright, had received, Wright hakl deliveM to his ex- 
pre88*boy, to -go over to Deal with; but that is 'supplied' 
by the circamstauce of De Berenger, if he was the per- ' 
son, telling Shilling, the Dartfofddriver,'thathehad8ent 
off suoh an express ;• therefore it must be presutned that he * 
had sent that letter which contained an express to the Admi* * 
lal; and that which the Admiral received he shews yon. 

To supply that defect in the evidence, Mr. Lavie was 
called to say, that he beKeved it to be De Berenger^s 
baiid-writing; and though this do^s not 'appear to be the 
ofdinary undisguised hand of this D^i&iid«ant, yet after 
Lord Yarmouth, who had given his evidence that he did 
not consider it bis hand-writing, referred to the letter R, 
the initial letter of Random de Berenger's christian name, 
be considered thai as resembling his hand-writing, and yoa 
w^ould observe, whether there was not such a resemblance 
as Lord Yarmouth mentions, if it were at all material;' 
hut it ceases entirely to be material, when he tells Shilling, 
as he does. Chat he had actually sent such a letter to the 
Admiral. 

• Admh'al Foley is next called ; he says, '*The letter was' 
brought to tne, that that b6y brought to the' bouse; I was 
a-bed; I read Uie kttb in bed; I did ootmaikit; t en* 

Gg 



4^$ittn n letter to Mr.Cfoker» tl» SecreUnry to dhr. 
j^4mnilt; ; th^ h the letter; I leDt it enolofted ia dii». 
Iflier to Mr.Crokcr; 1 «iro9e iouoediatel/, aad«e&t for 
t||0lH>yiiKto»y dremDgHroom; I queatioiued the boy m 
goed deal; I did oot telegraph the Admiralty, becMte the 
iceatber W9s too thid( ; wbea I sent for the boy up, I ba^ 
"d^.leicerio my band ; it was then three o'elocki and darkf 
t))e telegraph would not work ; I bad a candle, of course; 
I, a^i Bot oerlain I shoidd have telegraphed the Adiiii« 
<9Hy r ^H)d if be bad seen reason to donbt, he woukl 
have aoted veiy properly in abstaioiQg froffi so doiag ; bo 
eoaid not commookate all that would eieeiie the doubts he 
iai§bibiaiseif entertain ; he could only send a few wofds^ 
ii|dicaung the mo#t inportimt partiGulars of the story 
ijiieh.the letter cwtained, and therefore be might nery 
pjpoperly hesitate about commnaksating any part^ if he» 
thooglit tbe whole eontained doubtful^ atili more if'nntrew 
iQtelligenee. 

The evidence of Mr* Latie ia onty that be believed thi» 
IQ be De Berenger'a band«writing ; that be had seen.faiia 
if vend timea in the custody of the messenger in the 
ssontb of AfMril, and in the coone of those intertiews^ be. 
saw bias write a ooasidi^able deal; be saw a wfaok Wtier 
^bicl^ be handed across to bim when be bad written itf 
and it waa givjea back and copied again, and for abont au 
hoikur be .was writii^ diffevent things, and bapdmg.tb^ft 
b#ckwarda and foiw»rdii» He says, ** I also eaw his pq^ess 
^p bis writiQg-desk^aad I verily believe that to be bis banir 
writing,, firom what I saw him write." This ia the e^ddeace, 
and nmeb less than this evidence, i9> what we receive cyeiy 
4ay in paoof of bonds; notes, and bills of exchange 9 » 
person says, I have seen such an one write^ and I believe 
that to be his hand-writing ; and that is sufficient to lauQch 
it in evidence as prim& facie proof, leaving it to the otbeK 
«de tp i^jjat such j^roof^ if they ci^BU ^ r. 



467 

QitblMMi, aow ^ |{«i tUt ptiMv kf sidtiodlton 
l>e«er« ThiMMft Dennit ia aett isflBad^ Irb^Miys/^ I ten 
adriiPtff of « pgAt«chabe ia the tenride ct Mr. Wright,* 
line Ship, at Dover. Early m tho nomiDg of tlM «i9t itf ^ 
Fd>rQary, I dvove the chaise firom tbeaee to Ckaterhur^ ' 
to iba FooBtain lan^ I dfore oaly ana pmion^ it was a 
■laa; it was too dark to sea how he was Amsed ; I hM 
thekaden; he gaVe aie and. die other lad a Napbleeil 
a^lftieoe.'' He cduU not see the person ; and thew is iUn^ 
tfttjr only by the s«Mrt of speek inwhieh he deris. ^I 
aoM it for a one pound note. I know the lads at Caotef^ 
bnry, who tookhkn after me, 9road, and Tbemas Da]yi 
I saw Broad and Daly set off. There is nothing extia;^ 
ordkiaiy in pemons ttati)liBg day or nigirt into Csnterburf ; 
I cannot say whether it mi^ be the oolll oread ; person* 
do not ofken give as Napoleons for disring tbem, I nel^ 
bad one given.nio be&in.'' No ims a tGria l ciroanstaaoe 
to ihdace a jncollection of this partk»lar tsa^pdler, not 
(connected witb omilar e?idenoofioin other witnesses) to 
eslnblish his identii^. 

Edward Broad, a driver of a chaise at the Vonntain it 
Ganterbury, says, ^ I remember the last witness coming to 
oar honse widi a fare, early in the morning in Febtnary, f 
do not remember die day of the months nor tbe day <tf 
the week ; it was one gentleman eame firom the Ship nl 
Dover; I drove the lead^s^I drove to the Resent Sif^ 
tingbottfne ; die chaise went forward witb fonr hci ric ai ho 
did not get oat. Michael Fimus and James Wakefiekl 
drovefaimlbMn thence; I did aot looeivo any money froil 
bin^the osher boy received the money, 1 had a Napoleott 
for my sbaro." TiU the daylight breaks, we have nothing 
10 identify hnm in the coarser of hb coilv^wee^ bat thA 
Napoleons*' 

* Then-fiinad,wpoabii^cros**ovamiiMion> seys, ^l haVH 
long lived at the Fountain^ and have known ThouMs Dennii 

G g a 



46S 

fcffoyght befeit; I mt^t ;>her0 ave a gredc many boysfroi^ 
4^ iiiQ at Dov^t ; I have drivea^aaiagle gCDtteimii be<br^ 
'^dfoaietiiiM^achaite aod faar. But u{Km le^examinatioti; 
)ie says, *' I aeyec before received a Napdebn for it/' 

M^bael.Fiimis, Ibe driver •! a cbaiteat Siitiilgbcniriiy 
Biyis, ^^ I Mmeinber the kst witnest bringing a-gettttetnaa 
ia a chaise aad fqur to €»ur honsey I did not take parlicalar 
apccgunt of tb6 tiiiie» it was early in d^ morning, it-ttiight 
be be.tweeii bmr and fise o clock ;* I did ooe take {lacticaiar 
notice^. for I bitdiM) watdii with nie^^^ic wasdavk ) I drove 
him to Ibe Cr^ws at RoJche8ter> Mr. Wrig^lfsi boascf; I 
jcanaot say wliat tiai£ it.was wbtn we got tbetv, ire*were 
liot above an hour and. ten mimites in going. The gen^ 
tl^miuxgot oat tbens,. and gave nte two Kapoieonsv ^nt 
for- myself and one for my fellow-servant;! I^ took no 
|>articular notice of hiooi ^ he bad a peppsr and sak coe^ 
on, apd a red coat under that/Ipofceived, and a cap." Sd 
ibat this man i:aok no particular notice of his countenancei 
but speaks to his dress and his appearance, as the otfaet 
.witiiesses fb* . 

. 14r«Wright| wbo keeps the Crown Inn at Rochesterv 
who saw \a\sx in the house, speaks with aisuch more parti-* 
cukrity; be. says, ^' I remember a chaise and fbur front 
Sittii)gboui;n /arriving at my house on tlie raorbtng of the 
^\f^ of February, . I remember that was the day ; it was a 
tall, person, rather thin than otiierwise, who came iii the 
chaise ;. be Jbad apfepperHand salt great coat, with a military 
^car)et coint under it \ . the. upper coat was nearer the colour 
of that <?QSt, tban any thing I could state (pmntitig to the 
€oat mik^ tfitbliOii ^ scarlet mililaiy coat he bad under 
tbtt, was^ v^ry mwh.tUQMDiedwtfa.^old lace down the 
front, as it appeared by candle light, and a military cap 
with bread gold l^ce round it; it appealed to me tabe 
idotb or iur^ it app^^ed .to be oeariy the cobnr of .tile 
15 . ; 



46St 

pf«a^ c^At" :The cap does not appear tt> fiavefatiy retf€fln^, 
^kac0 U> the gieatcpat^ but in all other respects bis de*^" 
ftt^ipUODs^ms to be rigl)t- ^' On the milit«|ry coat, tbera^ 
wa» a star, and something softpeaded, either fron> the necl| 
or the baiton, I do not know which , something which he 
told me was aome honoui; of a military order of Russia^'* 
it turned ont to be a masonrj order. He is shewn th<^ 
«tar» and ba s^ye, ** it had vcrj much the appearance p^ 
that scH'tof thing. I suppose I was in conversation with 
bipi'.about ten mioutes ; it was about half past five whepr 
the cimise drove into the jard ; daring those ten minutes^ 
I ^as gating some chicken for faim^ in our bar parlour. .1 
was called up by the post«-boy of, my brotlier at Dover, I 
fluent into the yard, and found a gentleman looking out a|; 
the iront window of the chaise, and he said, be was veiy. 
hungry^ could ^he get uny thii|g to eatP that he had ate 
potliing siqce h^ l^ft Calais ; I a»l(ed him, if he wouI4 
have a sapdwich^ as I supposed he would not get out of 
fhe chaise; he said he would get qut^ and he did get out| 
a4^ I took bim into our bar parlo^r; when he got there ( 
said, I au\ led tq suppose, fhat you are fhe bearer of some 
very good news to this country ;" — a yefy natural overture 
(o copver^tioi) on the part pf an innkeeper, and to ex-; 
tr<vct a little intelligeni^e from* lum; ^' he said, he waSi 
that the busioeas wa« all doqe — that the thing was settled i 
I asked him, if I might be allowed to ask I^in^ ^hat wa^ 
(he nature of bis dispatches? he said, he is de^; I satd^ 
yi\iol be 8^, the tyr^it Buonaparte, or vfoids to that 
eSecti I believe thes^ were the fxact n^prds; I said, is thai 
really tniie. Sir/' Upoq whiph this g^ntleipen seen^ to 
iiave be^n piqued a( having bis veracity questioned, an4 
said, '^ if you doubt my word, you had better not ask m^ 
a ly mpre questions ;'^ in answer tp whicl^ W^ght,. not 
being wiiHng ^ baye bis curiosity unsatisfied, said^ ''I 
p»de an ^p^ogy for dpfibtiqg ^h^ yeracity of his story, 

Gg3 



4t6 

ntfi. Mk<^ biCD^Swliat were the dispatches P heVii<i» Ae^t 
llad been a very genefal battle bcftweeh the Preach afid 
<be whole of the allied powers, coinmai|ded by Schwart* 
ienberg in person; that the French had been completdy 
<^eated| and Buonaparte had fled for safety ; that be had 
i>een over^tken by the cossacks, at a villa^ which I think 
^as calle^ Rushaw, six league^ from Paris ; &at the 
i^osiack; had there cpme up with him, and had literally 
torn him in pieces ; that he ha^l cotne frpm the field of 
battle from the emperot Alexander himsdf, and that ha 
dther wi^ an aide-decamp of the emperor, or of one 
^f his principal gei^crals ." Now the account he ^^^p 
Rallies almost in terms with the letter which h^d been sent 
MP to Deal ; so that there is another proof of the identity 
i!|f this person^ and a connexion of him with this letter 
^nt to Admiral foley. Then be adds, ?' He told ine» 
that th^ allies were invited by the Parisians to Paris, and 
the Bourbons to the throne of France. That was pretty 
If ell all the conversation that passed ; he ate very little, if 
be did any thing — he said he was very col^ ; I asked him, 
]f he would take any brandy ? he said, no, he would not^ 
^r be bad some wine ii^ the carriage ;** it turned out that 
^ was sq. ^He enquire4 what he had to pay? I fold 
}um, what ha )l[ad had, had been so uncomfortable, Idid 
liot with to ^ke 'any thing for it; he did not accept of 
that, he threw a Napoleon on ihe table, and desired me tdt 
Idee that for what he had hii|kself taketi, imd wished me 
tb give t^e serirjlnts something out of it,' he meant the 
trhoie p^ tb^ servants, for when he got into the chaise,' the 
Mtler aske^ fipr something ; and he ttold hitti, tliat he 'had 
|eft somefhing %ith his master, out of which be might be 
Mi4. ^e went a^ay in the san^e chaise that brought 
bim, with four h6nc%i James Oyery an4 Thomas Tbddj^ 
were the persons wbb drove him.*^ 'Mr. yPVight had prci- 
()^ed thus far^ aiid then be looked l(owid tbe toxtrtj im^ 



:4n 

fiiingr npra DeBmngtr^ uai, ** I toim Aiat^tlii 
r {Mson ; I have no doubt^t it ceflalnly the gefttlemani 
I had never aeen htm before, or since*'' Tbts undoubted 
identification of person, is almost peculiar to this eaae^ I 
aever saw a case in which so many persons tomed into tht 
court at large, recollected a man at once, and with so muell 
certainty. 

Upon his cross-e](aininati0n, he says, ^ I a<*ver saw ^ 
geatlemen before aor since till to^lay; he wore alarga 
cockade, very dirty, as if it had been worn a long time f 
iben he produced the Napoleon ; and he says, ^ apoA 
looking at him, lam sore he is the same person.'* 

James Overy, who was the postillion, says, '* I took up 
a person at my master^s house at Rochester, on a Mondays 
I do not remember the day of the month. I drove hidk 
to Dartfofd, to the Granby ; he had on a grey mixture 
coat ; a red coat like an aid-de-camp, adorned with a sca^, 
tVeiy full indeed, something about his neck hanging down, 
and a cap, and a bit of white ribbon about the cap, such 
as officers wear, with a gold lace band round it. l^iiea 
I came to Dartford, it was ten minutes before seven ; it 
teas day-light two miles before we came to Dartford. I am 
•ot sure I sboold know the person again ; he gave me 
two Napoleons, and be paid me five j^.K notes, and a 
shilling for mine and the Dartford horses, and the tunv^ 
pikes; he gave us a Napolean a-piece* Thomas Shilling 
and Broad took him irom Dartford." 

On cross-examination, he says, ** llie cap was such a 
aap as officers wear ra a morning, slouched down, I think 
th^ top of the cap a little turned down; I did not observe 
the coloar." 

William Toaer, the next witness, says, *^ I keep the 
Crown and Anchor at Dartford ; I remember Jem Oyery 
bringing a fiire to a house in our town on a Monday abont 
'th^ aist e£ February^ and ^ person I took Aotiee of ww 

Gg4 



.V » 

^pdeq^ia iQ^ the cbf^, bop^g th»t lie liad bi3ougbt:ii9 
f;90.d newfl ;. M 8ai4 he ha^ ^d tbtt it Was all. over ; that 
|hf allies bad fiotually enlcc^ P«rtd ; that Buonaparte .iva^ 
^dy des^oytd by the cosiCKJcsy and UteiaUj< torn.ta 
Ujeces/* Hers agMo is the same account in effect . i?faich 
is contained in the letter to Deal, given by word of moiMJi^ 
[^: and that we knight expect a speedy peace." Ducingilie 
conyeisatioD, I saw hixn^ive Overy two gold picoc^, which 
dWrwards prqv^ed, tp be French pieces; Ihad .them in 
ny band. I saw enough of the p^i3K>ii iatlie chaiset' tA 
be. positive I should know him if I saw him ag^iin." This 
was the witness, .who looking rpmid, did not &]d the. Der 
fei^dant; to- be sure, the Counsel might have asked bim 
jvhether that v^as th^ person ; but from, delicacy that was 
pot dope, which was cei^tainly ap unnecessary delicacy 
upon such a subject 

• Thomas Shilling, the chaise-driver froip Dartfqrd, says, 
^' I remember taking up a gentleman, who came in a chaise 
and four to Dartfordy I believe it was on tlie dist of 
iPebniary, it was on a Monday* I . had the wheeMioraes. 
Qn our road to l4Mid9n, lie discoursed .with me a good' 
deal;- the waiter at Dartford^^^t the Graiil>yi first spoke t« 
him> asking rhim whether be brought any good news; the 
.gfentleman saMd, yes, it .was all over ; Buonaparte was toai 
in a thousand pieces ; thc^ cossacks fought for asliaie of 
hun all the same as if tbey. had been .fighting (or sharing 
HVkt gold; and the. allies were in Paris. We were .or* 
4ff^ to go on ; we had gon^ to 3e](Ify before the gentle^ 
jB^an spoke ; the gentleman then told me not to honj 
ipy horses, for his business was not so particular now^ siaee 
^ telegraph could not work, I told hti»y I tboughtthe 
teii^raphs^could not. work, for I- kjsew almost rn^fy. telc^ 
l^nipb between Peal and.Lqpdofu He tb<)P said, *' postbogi^ 
do not tak^ any notice of the qews as you go alopi^if 



MS 

I^ilridihiml would not^ mle^s -he wiibed im ta^^fo*; 
beisaid^ I ipighi :tell any. of mj frieock as I Teturoed, iat 
he. durst to aay they woiAd be glfid tahear it;, be md faqi 
•had 9tnt a.leUer to.tbe Fait Adanir^ a% Deal, (ac be was 
oUiged: to ido lo ;" dierefipre yeu haye hiiii; unless this he 
a.-prenoeditaled falsehood, in the' evideoi^ of this mm, 
ShiUiilg, authenticating: the fact of the letter fironi I>aTei:^ 
f.heoaid.that he-'had walked two miles .wben he - came 
ashore at Doves, before be got to the Ship Inn; that; the 
f lencboien were afraid of eomiog ^ny ni^^r. to* Dovei^ 
for fear of> being flopped." Whero he got into Do?6r, or 
how,' we ido not hear ; of the points of the oatwaid voyage 
we.lno^ nothing; of thehome]9rard we have a pretty 
^Bod aeoount of all the places where he touched, 6lc* 
5^cken we drove on till we came to Shooters Hill ; when 
1. got thei?e, my fellow-c^ervant ac^d I alighted, and the 
gentleman gave U3 paoft of a bottle pf wine; he said we 
might drinki beoaus^ he vfiis afraid the bottle* would 
break; be ga^e us soqierouAd oakes ako.- I cbacl^^ the 
bottle ;awa^/ and. huQded tl^e g^bss again into the chaise ; 
h^ told meithat I qi%ht have it; Iv^ then said, ** i»9stboy; 
yQ(u have had ft great deal of ^qw;"^ I said, ^.'« we have ;'' 
hi^saidi'^' here i%a4l^ligbtful n^ofni^, postboy; I hav^ 
not seen old Giigla^d a long while before ;" thei^ be asked 
use which was the nearest coach stand; I told him^^t tl^ 
Bricklayeti Arms; he told me. that would not ^ it w^s 
too public, he was afraid somebody would cast som^ 
:rffl.QQtioiks, ao4 he sbou^ not lil(e it^"* ft was briaging 
him very nearly witbiq tt^ vicinUy of tb^ King's Bencl^ 
wheieitr should seem hi% Qoijintenance was better know^ 
thaa. hft liked it to be. ^. I told him I did not think 
Miybo4y>would do.that^ they, would be4oo glad to hesor 
9f the Mws ; he asjie^ if thete» was not a haokDey««oacli 
i9t«Ad * in X«mbetb ;« I . «^d ''yes/' he said ^' d^ve mf 



41^4 

c KW ftlmirbeeb tihMntd 1m pbiott hk dirccfiM tbimikli 
lAoibetb, and the ofetier #xpr6$By it sM(a«, Ai^ vent 
ihma^ tte city, whieh ba^ been called llie MertbHcet 
tap6ditiim» is ordered not to go Tittiberhy batto Laanbarh 
Mafrii. The learned Coaotel ka^ letnarkad, that ihay aie 
oot ordered to the taiae point at fir»t, and that it would 
here been a strong confirmatory point, if they had been 
to; buttheie is to a great degree an identity of diiectiony 
liii identity oi object, and something Uka an identity of 
tdisgnise in military aniform ; '' he said, drive me there, 
poslboy, fbr your chaise will go §$a%e^ than a hackney* 
^eeaeh will. I drove him to the Thme Stags in the 
iambeiii road; theie area no hackney-coM^ thiare. I 
ordeied my feHow»servant to sto^ and looked back, and 
told the gentleman there was no coach theie ; but tkat 
tiliere was a coach stand at the Marsh Gate/' So that the 
Marsh Gate arose incidentaUy, and was not be origmal 
pka; '' and if be liked to get in there, 1 dared say nobody 
woidd take any* iK>tiee of him ; I think he pulled up the 
aide blind, that had been down before all the way; when 
I got there, I puUed ap along side to abackney-coadi; 
I called the coachman, and the waterman opened the 
eoacli doOT, and I opened the chaise door ; the gentleman 
aiepped out of the chaise into the coach without going 
00 tfaegromid ;" the question which produced this answer 
*was put with a view to something adverted to, as published 
tipon the subject, in which seme evidence was supposed 
capable of being opposed to the story of the driver, ia 
iixit particular, who, however, relates it plainly and nata»- 
tally, and is coofitined by the waterouin, who was there at 
-the time; ^ he then gave me two Napoleons; be did not 
aaj one was for my feUowwservant, and the other for 
^ysdf, but I condttded tliat it was so ; 1 haire get the^i 
%ere,'^and he prodncea them ; so tbatv it does not appear 
tbat be has distributed this gentleman's bountyi but ki^t it 



'475 

^h€ar iiiim left tbe eotchoiaii irliert to drife to. Tbo 
hsiM of the Goachmao is Crane. I know tbe penon of 
the waterman Tay wdl. The gentleman was diesaad wUa 
' a dark far round <»f, and with whi^ lnoe, and sone goU 
found it; whedier it was gold or sihrer I oannotsi^; ba 
had a red coat on underneath his outer coat; I Maak hn / 
bnter coat was a kind ofa ))rown coat, bat I wiU not sweat 
to Ant ; I taw a red coat underneath it, down aa £tf ^i 
the wafet; I'did nbt see the akir^s of it; I think it w«i 
Itnned lip with y^ow,. bat { should. ao( Hke to aweafe 
fhaft^ it had some sort of a star upon iu I think Wftm 
InM onfer ctet there iras a kind of white fur; bat i shoaU 
toot like to swear to that. I should knov him in a flMiment; 
X hate seen him and knew him again ; tliat ta die geatfe^ 
Wian (poiniing to him) ; I haye no doabt. I saw himxffoa 
•befine in liing-etieet, Westmulster^ hi afoom; 1 knew 
him then the moment t sa:w Mm ; I never had tke ksMit 
donlH aboalf him ; the moment I saw him I knew lian« 
' Uppn bis croBs^ezaniaation, he stqfs, ^ I was not mH 
this morning m wliat part cf the court be sat ; I looked^ 
^und tbe t^ourt when I dune in, and saw him iauno- 
diatety ; I never saw him before February.*' He it asked 
about a tewaid liiat was offered by the Stock EKchaagi^ 
lie says, ^ 1 beaid of \t the day it was printad, fwa or 
iktee day^ after this transaction happened. I remaoflbtr 
a ehib at Dartford, called the hat club ; I waa there ; and 
then ^er^ is some foolish sfjoiy about fab laying a wafer 
'there ; but as there is no evidosoe bfouglit to impeach hit 
testimony upon the grdunds to wWeh tbe eross^exsuoaina- 
'^ott wept, it is annecessary to pursue that part of the 
'esamiqation further; he «ays ^ Lambeth Marsh is not fer 
•^m ikt Asykrm. I went there for the purpose Of getting 
> coacli ; ikft he iay$ (pointing to Biqtholooiew) ti ihf 



:476 

Tbea* William Bartholomew tiie watieriDAn i* caU^;1|% 
sayg ^'. I am a watervum auendtog the staii^ .^ <^9iic!l^ 
at the Marsh Gate ; I kpqw Shil)ii^ by seeing biin come 
up with post chaises; he is ^ I>artfor4 chaise^boy. I rev 
member his coming with a chaise on the^2ist offebfuf^.; 
there were four horses, and tbere was a^g^ntlwiw ip Ut 
it was between nine »nd half past aiqe in the fu^rning ; 
there was only one coach on tbe stand ;. one Cran^ drovf 
tbe coach ; 1 saw the gentlemati get out of the cl|ai^ 
inio the coach, he stepped out of the one idto tipe Qtber; 
1 opened the door, and let down the step for hiia ; be l^a^ 
ia brown cap on, s^ dark drab militiMy great coat, and a 
•carlet coat under it; I only took notice of the lace under 
it. llie . gentleman ordered the. coach to drive up t^ 
•Grosvenor-square; I do not remember that he tol^ m^ 
the street in Grosvenor-square* I reallj think that is the 
gentleman, it is like him; dress maken such an altei:ation, 
•that I cannot with certpinty say-** 

Then Mr. Riqhard Barwick says, ''-I |un a clerk tp 
'MessiY. Paxtons and Co. bankers^ in Pall ida\l. I re< 
member passing by Marsh Gate on .the mpmjpg of 
Monday the sist of February.. 1 observed a po^t->cbaise 
with four horses, it had galloped at a great rate; ^p 
horses Were exceedingly hot^ and I saw a niian j*etti^g 
into .a hackney coach ; I followed it, and saw it as far s^ 
tbe Little Theatre in the Haymarket; I wanted to khqj 
what the news wiis,"* Being a banker's cieck^ it was ni^ 
tufal be should wish to ki|o^ what the public news ifaf. 
« *^ I observed the coach p9ss^ the pnhhc offices in tb^ 
woy." It ap(>e9rs, that be was a little .surpnzod at this 
person not stQpptKtg.tQCjJtpomunicate his n^ws at.thoi^ 
offices. Whether he suspected him or not, he does nqt 
say ; but observing that he stopped i^t none, and it beiqg . 
time, for him to go to the ha&k^ '• ^Py be did not tt^ink jit , 
worth while to pursue him any further. This Ylfis ^^ 



'iff 

Hihe tfclock, as he supposes, %at he left biinln the Haj^- 
tbMtet. Then he says, the gentleman had a cap on with 
a gold hand, such as German cavalry use at evening pa 
rade ; thfs appears to me something like it. 

^hen. William Crane, the coachman, says, ** I remem- 
ber on Monday morning the 21 si of February, taking up 
U fare at Marsh Gfate from a post-chaise and four from Dart- 
ford. I was directed to drive to Grosvenor-square; I 
drove into Grosvenor-square; the gentleman then put 
down the front glass, and told me to drive to N* 13, Green- 
f{tteet';the getitlemaii got out there, and asked foracolotiel 
hi acaptkin somebody; I did not hear the name, and 
they "said he was gone to breakfast in Cumberland-street; 
the gentleman asked if he could write a note; he then 
went into the parlour; the gentleman gave me 4*«; T 
asked him for another." Hearing that Napoleons had been 
distribute to drivers, he thought that a hackney-coach« 
man might ask for a little more of his bounty than he at 
first received. '* He took a portmanteau that he had, and 
a isword, went in and came out again, and gave me an- 
other shilling. The portmanteau was a small black leather 
one ; I saw that gentleman in King-street, Westminster, at 
the messengei^s house. I think this is the gentleman here; 
when Tsaw him in King-street, as I came down stairs, he 
looked very hard at me ; I knew him then, though he had 
altered himself a great deal in his dress.'* 

Upon his cross examination, he says, I went ti 
liir. Wood's, the messenger of the Alien Office, for the 
purpose of seeing him; I walked down stairs, and met 
the gentleman coming up staii^, and I thought he wa^ 
something tike the gentleman I had carried ; I do not 
know every person I carry in my hackney-coach ; this 
peM)n, when 1 got to Green-street, I saw had a rc4 
€oat nndem^th; the waterman opened the coach-door 



47» 

tm: him to get m.'' So that he widl mAit view of ii/it 
watermaa. ^ Heh«d on a Imwngvey ff9Bt eoat, with* 
VPDwnfiir cap- 
Now, gentlemen, he is brought to the house of Loord 
Cochrane; further evidence arises afterwarda upoix die 
labjectof his being there. 

We will at present follow the dress to its condosion. 
George Odell, a fisherman, says, ** In the month of Mardv 
jost above Old Swan stairs, off against the Iion'W harfs^whca 
I was dredging for coals I pideed up a bnndle, which wa^: 
tiednp with either a piece of chimney line or window lin^ 
la the cover of a chair bottom ; there were two slips of a 
coat, embroidery, a star, and a piece of silver, with two 
ligaresopon it; it had been sunk with three pieoes of lead 
and some bita of coal; I gave that whioh I found la 
'^x. Wade, the secretary of the Stock £xchaage ; it wat 
picked np on the Wednesday, and earned there on the 
Saturday. I picked this up on the d4th of Masch/' Yoa 
bave before had the animal hunted home^ and now yoa have 
lus sI^Qy found and produced as it was taken out of iha 
river, cut to |»eces; the sinking it coajd have been witb^ 
110 other view than that of suppressing tbia pi«ee of esri# 
dence, and preventing tihe discovery which it might .otbep^ 
wiae ocoBsion ; this makes it the move materi^ lo attend 
la the slrippiog off iht dothea which took plaee ia Lard - 
Gochrape^s house. ^Wben be pulled off his great coal.tlnse^ 
^hat must he have displayed to his Lordships eye% if pre* 
lent, at the time i Did be display the uniform oi the rifle 
corpse The uniform of the rifle corps is of a bottle^^^reca 
coloui:, made to resemble the colour of trees, that thoaa 
ifho wfar itmay hide themselves in woods, and escape dis«^ 
opvecy there; that is, I presume, the reason of their veai^ 
in|| that species of uniform,, and as to the idea suggested ia 
Xord Cocbrane's affidavit, that his jexbihitiag htmself ia 
4fLt tt^orm would be deemed disMspectful to^ LmnI 



Vtfmotttb. Lotfd Yaniiovih has told us, that oa tbe 
contcary hcahooU ham thoofht it a mactei of respect to 
him, and proper at his officer, to have appeared before haa 
ia that very dress. 

The^aoeonot that is given of tbb man's pulUng off his 
dress, as contabed in the affidavit of Lord Cochrane, if 
highly deserving of yoor attention. It is a role of laW| when 
evidence is given of what a party has said or sworn, all of 
is is evidence (snbject to yonr coosideratioB, however, aa 
to its troth) coining as it does, in one entire form before 
ypui but you may stilljndgeto what ports of this whole yoil 
can give yoor credit; and also, whether that part,which i^ 
pears to confirm and fix tfaeehaige, does not ontwei^ that 
whioh contains the eawalpation. Now I will state to yo9H 
what is Lord Cochcane's affidavit; it may as well come kk 
now in tUs period, as in the later period in the cause; itirae 
pradooed in the pamphlet pnbUshed by Mr. BQtt> and is pre^ 
&ced by Lord Cochrane thas^ *^ Haviag obtained leave of 
absence tooome te town^ in conseqnence of scandaloas p»- 
lagrapbs in the public papers^ and in cons^nence oi having 
kamt that band bills had been affixed in^the streets, in 
which I have since seen it is asserted, that a personcame to 
my heoiie at No. t$, Oiecn Street, on the a ist day of Fe* 
bmarjr^ in open di^, and ia the dress in which he had com- 
piittedafmad; Ifeelitdoeto myself to make the following 
deposition^ that the pubfic may know the truth relative to 
the only person seen by me ia military uniform at iny 
house on thac day.** Now it is material to observe, this 
affidavit first introduced the name c^ De Berenger in any 
public document 9 whether it was known privately at any 
fariier period we are not informed,. the date of it b the' 
f, itb of llareh. The Davidsooa have informed you, that 
the day he finally dtsqypeared was the 37th of Februarys ^ 
(Mr. Cochrane Johnstone having called and left a letter^ 
for what purpose we know not, on the a6th,) he appears to* 
}iave very soon, got to Suttderkn4 andnughi^on the ijrt^ 



^80 

of l^ch, the' date of this Affidavit, be reasonabfy stf^^ 
posed to hate been out of tlie'kingdbm. * •• * 

*■ It is in evidence, that tchen Oe Betenger was taken, thert 
was found in his writing-desk part of the pi*odtice of the ex-- 
ihange at the bank of fonr ^. lOo notes, two of the bank 
Aotes of ^.^oo' being changed first into two £, 106 notes, 
ind then into ones ; the whole are identified by the clerics i(>f 
the bank; sixty-seven the produce of* brte ^. 100; forty-* 
nine identifi^ a^ the produce of another, and seven th<^ 
produce also of one of 'those; there ar^ traced to him Kke^ 
-Wise a £:^o and a <£. 40 ; the £. 50, traced % the evidence 
of Smith to-day, the evidence upon that subject being- 
deficient yesterday,! stopped them short, because I'thonght 
that the entry of the mere initials W. S.aiul £. 50, did not 
Itfford distinct and sufficient proof that the person meant 
by those initials was William SmSth, mid that the Jp; 50 was 
a' sum which had passed between Wro. Smith, Mr. De 
Berenger*s servant, and liim, and* that the evidence was 
deficient in that respect. The principal part of these are 
the produce of the draft: of £, 470, and a fraction, whiclr 
was changed as will appear In the evidence, when that 
part of it is stated to you. Originally the £, 470 draft had 
been laid do'wtflJefore'and paid to Lord Cochrane; it had 
afterwards got into the hands of Mr. Cochrane Johnstone 
and of Mr. Butt, for there dppc?ared to be such a commu- 
nication between the parties, that you cannot say from whom' 
ultimately it proceeded, but it h^d been in some sort in the 
hands of all, and the produce of this check, originally paid 
to Loiti Cochrane, is found in th\» desk of this man. * 

1 have been led aside by reading the affidavit to these ob- 
iservktions on the dates. To return,' the affidavit was, as I 
iiave'already stated, sworn March 1 ith 1814, by which time 
it might well be supposed that De Berenger, if be made 
^proper bpeed, had got out* of the kingdom.'- The affidavit 
proceeds thus ; '' I, Six Hiomas Cochrane, commonly called 
LotdCocfaxtneybafing been appointed by tfaeLordbr Com* 



^1 

mtm^Miets of the Admiralty to active serrice, (at the 
request, 1 believe, of Sir Alexander CochntQe) when I had nO; 
expectation of being called on, I obtainedleave of absence 
to settle my private affairs, previoos to quitting this country le 
and chiefly with a view to lodge a specification to a patent/^ 
there is np doubt that patent exists, and that there is ft tm^ 
transaction. as to the j>at]ieAt$ but whether it \fe introdoceck 
here as a cplpur, and to draw off your attention (f|oai othes 
Qiatt^ is another point. '^ That in pursuance of niy daily, 
practice of . superintending, wprjs.^at wras. executing for 
me^ and Jcnpwing that my uncle, Mr* Codirane Johnstone, . 
«r^t to; th/e city every morning in a coach,* I do swear, oi) 
the. mproing of the 21st of February, (which day wa4 
impressed on my mind by drcovvstances which afterwards 
occ.ttrred) I breakfasted witli him at. his residence in 
Cumberiand. Street, ^bout half p^t eight o'clock, and.I was 
.put down by him (and Mr. Butt was in the. coach) .oa 
Snowhill, about ten o'clock," therefore these three gentle* 
men who liad so much to do on that day,. were brought 
together, and had an opportunity of communicating^^ 
ipgether at least at this time. They go on to the citjr 
together, after having, it ms^ be supposed h^d so much 
of communication together as was neoessaiy for the 
^current business of tlie day, whatever . that business was. 
/' i had been about three quarters of an hour at Mr« King^a 
^manu factory,, at No. 1, Cock Lane, when I received a few 
lines on a small bit of paper, requesting, me to come 
immediately to my house, the name a£Bxed, from being 
written close to the boUom,,I could not read;" that was 
certaiply a very pointed observation which was lately 
addressed to you,. by the learned counsel for the prosecution, 
that the name which he says he could not read, would not 
ip all probability have been written at the bottom^ for he had 
ilnished. the note once, and when it was sent back to hin^ 
^lere was space enough still left for him to write tometb^g 
' ^ Hh * 



482 

ihoi-e; for tl)% seivant saj^s^ h6 added sometliing «oft9 
Hflerwards^ therefore it w&s not from its being crowded at 
the bottom, unless it be, tbat he had not signed any namt 
till quite the last, and after he had written the addition 
which Lord Cochrane mentions, ^ the servant told me, it 
tras firom an army oflBcer, and concluding that he might 
be an otBcer from Spain, and that some accident had 
be&Deii to ray brother, I hastened back, and I found 
Captain De Berenger/' Now certainly, his anxiety abovt 
his brother, if true, was a very good motive for hi* 
returning, but I addressed some questions to the witnesa 
on this subject ; I thought it very likely if that was the 
motive which indaoed Lord Cochrane to return, that he 
should have disclosed that motive to the person who 
broagfat the note, especially as he was a servant who 
bad been seventeen years in the fistpiily; nothing could 
be more natural than to say, '^ Thomas, I hope there ia 
no bad news from my brother, your old master;" no such 
thing passes, but — ^^ Well, Thomas, I will return,*'- is M 
that he says to^him ; he does not mention any thing about 
any apprehension as to his brother. His brother, as ap- 
"pears by the returns which have come home, had been 
wounded, or was upon the sick list ; but it does not appear 
that he had then aetually received any communication upon 
that subject; and which, if he had received any such, 
might have been expected to be proved^ and might easily 
have been so. That his brother was in fact upon the sick 
list appears, but not that he then knew him to be so ; nor 
did he intimate to the servant that came, one word of 
apprebtasion about his brother, or any mention of his 
health or of him, bat came back immediately on receiving 
this note. Now, with the acquaintance he had with De 
Berenger, no doubt such application had been made to ^t 
'liim^tippointed as is proved; and he must have been, -oiie 
.wotrM suppose, familiar with his hand-writing; and if to. 



483 

he could ^rt had no doobt wKo was the peison fixm 
If horn be received tbU note, and whom he was -to ikieet 
when he ihoald get home ; bat he sayb, ** I found Captain 
De Berenger, who, in great seeming uneasiness, made many 
apoiogies for the freedom he had used, whidi nothii^ but 
liie distressed state of his mind, arising from diiBcultie% 
could have induced him to do ; all his prospects, he said^ 
had failed, and his last hope had vanished of obtaining 
an appointment in America. He was unpleasandy circnm* 
•tanced on account of a sum which he could not pay ; and 
if he cooid, that others would &11 upon him for full 
£. 8/>oo. He had no hope of benefitting his creditors in 
his present situation, or of assisting himself. That if I 
would take him him with me, he would immediately go on 
board and exercise the sharp-shooters (which plan I knew 
Sir Alexander C!ochrane had approved of;) and there is no 
doubt that Sir Alexander Cochrane had, on some applica* 
tion of Mr. Cochrane Johnstone or Lord Cochrane, applied 
for him, but that for reasons not communicated to us, such 
application had not been successfal, and it had not been 
thought fit to appoint him. 

Then he says, '^ That he had left his lodgings, and 
prepared himself in the best way his means allowed. He 
had brought the sword with him which had been his father's ; 
and to that and to Sir Alexander, he would trust for obtain*^ 
ingan honourable appointment. I felt very uneasy at the 
distress he was in, and knowing him to be a man of great 
talent and science, I told him I would do every thing in my 
power to relieve him; but as to his going immediately to the 
Tonnant, with any comfort to himself, it was quite impos- 
.aible; my cabin was without furniture ; I had not evens 
servant on board. He said he would willingly mess anywhere ; 
I told him thai the ward-room was already crowded; and 
besides, I could not with propriety take him, he being a 
ium^poTf without leave of the Admiralty. He seemed' 

Hhn 



4d4 

^eatly bort at this, and're<^led to mV recolkcttoa oerdS 
fieates which he had formerly shewD me from persons ifi 
official situation^;. Lord Yarmouth, General JenkinsoiTf 
and Mr. Reeve^ I think, were amongst the number; I 
recommended him to use his endeavour to get them or any 
pthcr friends to exert their influence, for I bad none* 
^ding, that when the Tonant went to Portsmouth, I 
should be happy to receive him ; and I knew from Sir 
Alexander Cochrane, that he would be pleased if be ao^ 
complished that object ; Captain Berenger said^ that not 
linticipating," now this is very material, *^ any okgection 
pb my part, from the conversation he bad fermerly had 
with me/; he had come away with intention to go oa 
]board and make himself useful in his military capacity { 
be could not go to Lord Yarmouth, or to any other ^ An 
frimds in this dress ;" what is the dress that Lord Cochrane 
represents as then belonging to him i a green dress i had 
he a green dress i he must have bad that dress with him 
whatever it was in which he had come in the coach; be says 
tfafat would excite suspicion ; why,, if he had really agreeii 
uniform, tliat would not have excited observation or snspi^ 
ciou ; it Wa^ tlie v^ry uniform he ought to have worn ; but if 
it was that in which he had got out of the coach, and it does 
not appear that lie had any means of shifting himself ; if he 
bad on an aid-de-camp's uniform with a star, and so presented 
himself to Lord Cochrane, how could Lord Cochrane recoir* 
cile it to the duties he owed to society, and to Govemmenti^ 
and to his character as a gentleman and an officer, togivebint 
the means of exchanging it ; it must be put on for some dis* 
honest purpose ; this red coat and star, and all this equip* 
pieiit,must have appeared most extraordinary, and must hava 
struck Lord Cochrane mostforctbly, if be was not aware of the 
purpo^ for which it was used ; ^ that he could not go tA 
Lord. Yarmouth, or to any other of his friends in this dressy 
^r^r^turn.t^ bis Ipclgings^ where it would .excite suspicion 



485 

(he nr&s tft thaC time in theKuIes of the King's B^nch); but 
that if I refused to let him join the ship now, he would dp 
80 at Portsmouth ; under present circumstaoces, however^ 
he must use a great liberty, and request the favour of oie, 
to lend him a hat to wear instead of his military cap. \ 
gave him one which was in a back rooo^^.witb some things 
that hid not been packed up ; and having tried it on, hU 
Hntform appeared under his great coat ; I therefore offered 
him a' black coat that was laying on a chair, and whidi I 
did not intend to take with me. He put his uniform 
in a towel, and shortly aftemvards went away.*^ Jf he put 
that uniform in atpwcl, he must hav^ pulled ft off hU 
back, for it was on his back before, and then Lord Cochrane, 
one w6uld tliiuk,inust have seen himdo it; what business ha4 
this man widi a red aid-de-camp*s uniform i lie had nobui? 
tiness to wear any such garb, he was almost as much out of 
bis proper character, as I should be if I appeared habited iif 
ihe particular dress and professional habits of an officer or 4 
clergyman; but it does not rest there, for he himself lend^ 
to this person the immediate means of his concealment 
Jie lets him baTC a hat instead of his laced cap ; and w)iat had 
such a cap to do with a sharpshooter's uniform f upon seeing 
him appear habited as all the witnesses represent him \p have 
been in his way from Dover to Green-street, Grosvenor- 
cquare, would not any one who had known him before have 
immediately exclaimed, where have you been, and wha^ 
inischief have you been doing in this masquerade dress. lit 
js for you, gentlemen, to say whether it is possible he should 
not know, thai a 4iian (coming sp disguised apd so habited ijf 
Jie appeared before him so habited, came upon some dis|,* 
lionest errand, and whether it is to be conceived a perspn 
should so present himself to 9, per^ion who did not know whf^t 
jbfiLt dishonest errand was, t^d XhjaX it wi^ the yery dishonest 
;errand upon which he had been so recently ., engaged,, anil 
.Jlkkk Ue is fpuAd to b^ executing ya. th^ sjH^adjuDK q£ 

Hh3 



486 

fidse intelligence, for the purpose of elevating the funds, 
if he actually appeared to Lord Cochrane stripped of hi« 
great coat, and with that red coat and aid-de-camp's uniform, 
itar and order, which have been represented to you, he 
Appeared before him rather in the habit of a mountebank 
than in his proper uniform of a sharpshooter. 

He says, " he went away in the hackney coach I came 
in, which 1 bad forgotten to discharge in the haste I was 
in." The above conversation is the substance of aH that 
]>iissed with Captain De Berenger, which, from the dr* 
camstances attending it, was strongly impressed upon my 
mind; I most positively swear that I never saw any 
person at my bouse resembling the description, and u» 
the dress stated in the printed advertisement;* which I 
Suppose wiU be read, « of the members of the Stock 
Exchange; I farther aver, that I had no concern directly 
Ot indirectly m the late imposition, and that the above 
is all that I know relative to any person who came t* 
my house in uniform, on the 21st day of February before 
slloded to, Captain De Berenger wore a grey coat, t 
green udiform, and a military cap;" now did he wear « 
green uniform? They are at issue upon the dress then 
worn by him; if he had not this dress on, wliat other 
had her And if he had the green one on, what.tru^ 
or probable reason existed for the change of thatf the 
unfitness of appearing in it before his commanding 
officer, Lord Yarmouth, is negatived by Lord Yarmouth 
himself; supposing him to have appeared in any disguis*^ 
it is the conduct of an accomplice, to assist him id 
getting rid of his disguise, to let a man pull off at hu 
house, the dress in which (if all these witnesses do nol 
tell you falsely) he had been committing this offenc*, 
and which had been worn down to the moment of brt 
entering the house, namely, the star, a red coat aa4 
appendant order 6f masonry, seems wholly inconautetft 



487 

with the condact ol an innocent and holiest man,, for if 
be appeared in such an habit, he mnst have appeared 
to any rational person^ fully blasKoned in the costume of that 
or of some other crime, which was to be efiecied nnder 
an assumed dress, and by means of fraud and impo* 
sition; this circumstance is therefore very important 
for your consideration; the judgment to be formed 
upon it must rest with you, «nd yon will no doubt con* 
sider, whether supposing him to have appeared before Lord 
C^hrane, dressed as the witnesses represent him to have 
antecedently been, the circumstance of bis so appearing 
in a dress proper for the commission of such a fraud^ 
fM appears to have been committed on that, day, by 
attracting a false belief of the person being a messenger 
)>riuging great public news, coupled with the fact of his 
afterwards walking off with that dress in a bundle^ instead 
of having that dress upon his back, and also with the 
evidence given in order to prove a connexion with the 
notes afterwards found in De Berenger's desk, you are 
not satisfied that he was privy to and assisted in the schema 
pf effecting a deception upon the public. 

Gentlemen, I have taken this subject a little out of its 
place in adverting to it here. To return- 
Mr. Lavie says, '* I received the parcel, (that produfid 
byOdellj, in the Stock Exchange room, in which Mr, 
Baily and Mr. Wade were present. 

Mr. Wade says, I am Secretary to the Stock Exchange, 
in company with other gentlemen, I received from OdeU 
^ bundle, said to be found in the river, which was given 
io Mr. Lavie; the star was then in two pieces, and was af^er- 
w^ards sewn together, for the purpose of being exhibited. 

Then Solomons, who originally sold the dress, is Qalied ; 
)ie says, '' I am a military accoutrement-maker; vfp have' 
^ shop at Charing Cross^ and aaotherr at New Street;,^ 

Hh4 V ' . 



4^ 

CoTent Garden. On Saturday tfa^ 19th of February,'^ ihtf 
very day before this is put into execution, with the inters' 
Tention of the Sunday ; '' a military dress was purchaaed 
at my house ; a military great coat and foraging cap made 
bf dark fury with a pale gold border ; I have since had » 
cap and a coat made exiictly resembling them, as nearly 
as rcouM possibly recolleci/' He had them made I 
suppose in order to exhibit them. *^ The person puFcbased 
at our house in New Street, something which catne to 
Charing Cross shop, as being ordered at New Streeti and 
the person came to Charing Cross and took it away ; there 
tras a military greiat coat, a military staff eoat, such aa 
persons on the staff wear, the uniform of an aid-de-campi 
1 have examined the frajgments, tiie star and tlie badge^ 
1 believe those to be the same, weliad the very feilow-«tar 
to that; except those two, I do not know that I ever 
saw any star like them, «the badge I did not take much 
notice of;* that is the silver masonry ornament, " I have 
examined'these fragments, and they appear to be port of 
the same materials, the same description of embroidery, 
the same description of coat; I had a conversation with 
itfsp^ct to the great coat, and also the cap; he observed 
that they were wanted for a' person who was to perform 
the character of a fireign officer^ they were to be sent 
Itito thebountry th&t evening, he took thefn a;waywit6 
bim in a coach, he had a small portmanteau with him f 
'you remember there is a leather portmanteau spoken of; 
^ he did not beat me down in the prices, or make any 
'observations about money, but merely paid for them, I 
t^as conversmg with bim for a: short time, I havd been 
sihce introduced to a person at the Parlioment-streM 
cofibe house; I cannot undertake to say it was the 
p«rsoh,*in point of appearance he resembles him, exce|pi 
"that Ibb penoir I served had whii|kers« Vow if yo« 



4^ 

fttoollect the hisloiy of the whiskers, it is established liM 
he had worn whiskers, though the woman who endea^ 
toured to make us believe that he slept at home on the 
Sonday night, said she liad not so mnch as observed 
(thpiigh she had been his servant two years and a balf> 
whether he had any whiskers. It appears to me that is m 
circumstance in the countenance of a person whidi one 
wouki very much observe ; he says, ** the person I aaw in 
Pkrliament^treet had not whiskers;" he then looked at 
Mr. DeiBerenger, and said» *^ this is the person I was intro^. 
duced to at the coffee house in Parliament-street; I realljr 
cannot undertake to swear that he is the person, dio' 
gentleman that represented himself to bt Mr. Wilscm, waa 
dressed in a difierent manner, he had black whiskeis, and 
from that circumstance I could not possibly undertake lo 
swear it was the same person, it resembles the person^ 
cxisept that the person I served had whiskers, I cannot 
say that I believe it is the person, or diat it is not.'* 
• Mrs. Abigail Davidson, tb^ woman with whom Mr. D^ 
Berenger -lodged, is thei| called; she says, ^ In the month 
of Febrfaaiy li|st I resided in the Asyhim Qoildings, near 
to the Asylum; the house is within the Rules of the 
Singh's Bench. Mr. De Berenger lodged with me; he 
finally qmtted my house on the 37th of February, on a 
Sunday. I do not remember where he was on the Sunday 
before that, I did pot see him on the morning of thiu 
Sunday ; I cannot say whether he slept at home that nigb^ 
we never attended to the door; I usually heard him in the 
morning, I did not bear him as usual on the morning of 
the 21st; I used to hear the bell ring for the servant, mors 
€han once; he occnpi^ the whole of the upper part of 
the house, I and my husband had the two parlours. I 
h^aid him also ooca^ponally [day ing the violin and trumpet, 
and he used to walk about; be then wore whiskers. I ger 
Hfrallyheard his b^; I did no( see hiiq come home on 



490 

the Monday ; I saw him ia the eTetiiiig, about half pest 
five; I had heard him in the afternoon. He quitted my 
homse on the Sunday after; I remember a gentleman 
calling on the Saturday night, the day before he qaitted^ 
with a letter ; I have since seen that gentleman again, I 
saw him at the Temple ; Mr. Layie was then present. I 
cannot say that I positively knew the gentleman, but 
I think it was the same that I had seen deliver the letter 
«n the 26th of February. Mr. De Berenger had tw« 
scnrants of the name of William Smith, and his wife; 
when be dined at home, bis servants attended him ; on 
Sonday the 20th, I cannot say whether he dined at home; 
his juanal dinner boar was about four. I think his servants 
irent out about two or half past on that Sunday.'' If yon 
lenaember. Smith and his wife swear lo Be Berenger's going 
out about four on that Sonday, and Smith says, that he and 
hk wife went out soon after ; this woman swears, that they 
went out at two or half past. ** There was a private plaot 
where the key always bung, for the accommodation of 
Mr. Se Berenger, and as the key was always under the 
care of Smith, I did not see where the key was pot thai 
evening,"' 

On her cross-examination she is asked, what Sunday k 
wsm that these servants went out to dinner at two or half 
past? she says, ^* On Sunday the fiotb, about eleven 
o'clock, I heard my husband observe, De Bensnger waa 
gone put.; I cannot say whether he slept from his bed on 
tMinday the aoth ; 1 sleep in the back parlour. I have 
heard him trumpet by nine o'clock, not by seven* 1 had 
po call to look after him on any morning.'* 

. Upon her re-examinaticm she says, ** My husband ob« 
served to me, our lodger is gone out with anew great coat 
/on." So that he is^ for the first time, observed by them ia 
that, great coat on that Sunday, 
c ^tU.Iiavie says, the. person Mrs..Davidsoasawatlbr 



491 

Tempte getting out of the haeknej ooiusb^ was Mr. Cochmiiii 
Johfist6ney that she said she believed that the penoQ viba 
was striking the Juiy, and who was Mr* Codirane John* 
atoney was the person who brought the letter on the 
fiatnfday. 

Mrs. Davidson, on being called again, and farther cross* 
examined, says, Mr. Lavie desii^ed me to attend to see a 
gentleman ; I was told Mr. Cochrane Johnstone was to bt 
there ; I will not swear that the person who left the lettet 
was Mr. Johnstone. I had a conversation about the pert» 
ion with Smith, Mr. De Berenger*s servant. 

Then Mr. Launcelot Davidson, the husband of the last 
irttaess, is called ; he says, ** Mr. De B^enger lodged in 
my house; be quitted my house finally on Sanday tb« 
a7th of February. The Sunday before that, I. saw him 
go out before eleven (diat was on Sunday the f oth) ; I had 
been out before ; I was waiting to hear the Asylum doek 
strike eleven ; I saw |nim go out| I had seen him come in 
ten minutes before ; When he came in, he had a (daid cloak 
0n, which he had wdm the winter ; when he went Out, he 
had a great coat ^ that coiowr (pointing to the grey coal 
produced by Solomon); as he went, I observed to utf 
wife» there goes our lodger, he has a new' gaeat coat on ; 
he did not come home again at all during that day, thai 
I saw or heard ; I did not see or hear him the next mohn 
ing before nine ; I go out at nine^ I generally used to 
hear him before that time walking about, or ringing for 
his servant. I made an observation upon his servants 
going out on the Sunday at two; I do not think they were 
at home at four o'clock, which was Mr. De Berenger^s 
usual dinner hour ; the man servant always attended him 
when he dined^ and the woman dressed his dinner; he did 
not dine at home on that Sunday. A convenatioa took 
place with the Smiths afterwards, respecting that Sunday 
^ght."' Now to be suie it is a most obvious thing* thai 



i9S 

if he had been in town at that timey nothing could* be tS 
easy as to have proved where he dined ; and probably those 
ivho might have been called to prove that fact, would hav« 
been* persons of a better description than.Donitbome; 
Tragear, and the other persons called to give an acconuf 
of him' on that day. 

Ckk' cross-examination he says, '^ I had nothing to do 
with 'his domestic life. He made a loud rap at the door, 
and had few visitors. I am a broker, and clerk of a broker; 
and. out a considerable part of the day.*' 

Gentlemen, -the next evidence implies to the Nortfafleet 
part of the transaction. 

• Mr. Vinn says, (and to be sure it is an odd story he tcils); 
** in consequence' of a note left at my house,- dated the 
14th of February last, I went to the Carolina coflfee^house 
on the .15th, where I met Mr. M^Rae, in company with 
an ekterly gentleman; he desired me to sit down. I 
had known M'Rae before for some years, he was standing 
near the door, and in about seven or ten minutes, he came 
and joined me ; he told me he had known me a kmg time^ 
and that he thought he had now an opportunity of making 
my fortune; tdatheknew from die knowledge I had of 
languages, i should have an opportunity of b^iefiting 
others and myself; I< asked him what the object was ; he 
said not to travel abroad, bat probably at home, and that 
almost immediately ; that it .was a scheme that he bad in 
contemplatioui to be employed by men. of afllueace and 
consequence, and that no man was more . competent tiian 
myself; he said there was no moral tuipituda in the hnsines$» 
but that it was .practised daily ^by men of ^e first eonse^ 
quence.". What M^Rae says, is, youwiU observe, evidence 
criminally only asagainst himself ;. because what hecotifeaei^ 
is notevideace ta aflEect others. What he does,: may affect 
others as parties to the conspiracy; but what he*tf)f^ 
Quaaoi affect otheir; ** that it wa&xmly hitiag the bk$f% 



49S 

%r in ofther wordi, a hoax upon the Stock Exchange ; andl 
«bat by going down to I>artfonl, Folkestone or Dover, I 
sboiild receive instmctions/' So that in :his commuQica^ 
fiont, Dovbr is mixed with Dartford, as the probable 
destination to which the parties to this business might be 
«ent ; ^' that it was necessary to have for himself and m^ 
two dresses of French officers ;*' so that dresses similar to 
that in whicb the Dover plan was executed, were in his 
eontemplation. *' I there stopped him^ and asked him 
whether he really meant 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; 1 expressed myself rather loudly, 
4A offended at it; he endeavoured to hush me, sayings 
tiush ! that we might be overheard. He took me . up 
Comhill, where I left him ; I told him if he would go 
with me to another coffee-honse, I would introduce him 
to a person who, though I would not undertake the busi- 
ness, might do it. I took him there; it was the Jamaica 
coflee-house; there was a young man there, to whom 
i was about to introduce . him ; but he turned round 
suddenly, and I did not : upon M'Rae returning, he asked 
me whether I would not give him in writing some French 
Bentences,sentences such as Vive le Roi> Vive les Bourbon^ 
Yive Louis Dtx huit ; I gave him those terms in writing;^ 
so that be might play off those terms, to assist in tlit 
pfosecntion of this business. A letter is thai shewn Uf 
the witness ; he says *^ this is the letter I received from 
MfRae; it is his hand writing." The letter is in these 
terms, ^ Mr. Vina, Please to meet me at the Carolina 
coffee^honse, about eleven to^monow, upon verypartiodaf 
te^mess, yours," so andsQ« 
X ^ On hisdos^examination^ he $9p, ^ t am ya. accounftf 



494 

kilt ;- 1 have been'scqnaintoi) with M^Ra^ fir9 yeatv nod • 
lialf« I never bought and sold as a bvolcef ; I had heen qi 
business myself; there ivas no person to. hear the cooyeiw 
«ttioii I have stated. I oommmiicated this at the Stock 
Exchange to Mr. Rothery, and mentioned it pnblicUy ^m 
the I5thy and that I had refused it; my object was not to 
get another person really to undertake the bnsiness, but l# 
furnish myself with a confirmatory witness/' 

Sarah Alexander is called, and she prbTes very mateiiid 
circumstances as to the preparation for this North-fleet 
topedition, to take place at the same period of time as thai 
from Dover. She says, ^ I live at Fetters-lane ; I have 
lived there ever since last September* I know Mr. M^Ra« f 
be lodged on the same floor that I did ; be is a married 
man; his wife lived with him ; on Saturday the 19th ef 
Febrnary,hecametomyroom.'^ The other mill tarynnifermy 
you will, recollect, was purchased on this very aam^ diy 
for the Dover scheme : ** He brou^ a small parcel, audi 
gave it to his wife ; he said it was of 'value, and bade her 
take care of it : He went out on Sunday the f oth ; be went 
out between ten and eleven, and returned ticfove twelve 
and brought with him two coats and two opera bats; tbey 
were inclosed in a bundle ; I saw the coats ; they were 
very dark blue, done with braiding ; they were offieeie 
coats; the flowers were of worsted embroidery; they wese 
flat hats ; one coat was lined with white silk ; one ooel 
and one hat was better than the other ; the one bad a biase 
i>Iate and gold tassel ; he put them on, and walked about, 
and asked whether he did not lode like an office/' S# 
Aat he was representing and playing this character befoie- 
band : ^ He went out again, and came home before one, 
and brought some ribbon with him ; he wanted two 
cockades to be made round ; he applied to his wife; 1m 
wife asked what he was going to do with them ; faeaaid, to 
deceive the flats^"* .So ^t be not on^ exhihita the 



495 

MiKkeriali by yfhick be was to dBeot tbe friii4 bip^ i»v#Wf 
tfa€ object, '' to deceive the JitOa;^* thtx i»> I supposer 
cfw&^Kf permm. ^ He put the cQcka4eB lAlo hit pocket 
mad the hatt aod ooats.ia a bundle^ wd weiut out, saying 
be mast be at BilliDgsgate, to start/at two by tbe Gmves* 
end boy* The next day, I met bim a quiucter before two 
in Ctmitorp«traet ; he was dressed (be same asbe weat 
out, in his own dodies ; he liad apparently the sam 
boodle; he brooght home one coat and one hat; tbe best 
ooat and bat were in the bondie; be said he had slept at 
North-fleet, hot he had the appearance of not having been 
n4)ed at all; be brought home tbe cooicades in bi^ pocbet ; 
he appeared very tired: His wife unripped the cockade^ 
and took the white lining out . of the coat, aod carried i^ 
to the dyers to be dyed black/' Then she say«» '^ Fmm 
December to February we lodged together; we kept but one 
fire, and Jived a good deal together; he was in a state of great 
indigence^ and never had any money e;Keept a shilling or 
nn eigfatnen-penny piece now aod then; after the Nodhr 
fleet expedition, he had a «£« lo and a «£. i note, and the 
4ay before he finally left his lodgings, be had three £» i 
aiotes ;«he finally left his.Iodgiags on the sd or 3d of Mascb* 
On Sunday tbe 27th of February, he bought a new ooat 
.nnd a new hat ; on Monday the aSth, he said he was to 
jbave ^. 50 for what he had done; he wished when he went 
away finally, for nobody to know where he was going ; and 
:I nAihed not to kuow." On the ad or 3d of March this 
gentleman disappears as the other De Berenger had done on 
^4be27di; such werethe nearly c^atempocaneons and similar 
-actiaga of these parties. Both of them on Saturday am 
•making preparations for a scheme which is to opemte on 
.London at the same period; you will consider whether 
•tfiere was not a communion of purpose in these pecsoni, 
wlietfaer they did not Qonspire to produce a common end# 



496 

thtfttgh they might Hot particnlarij know how thi otbM 
vert c<M>peratiag with ihem at that time ; lo sbprt, whether 
4here might not be one master workman, who played th^ 
puppets in both directions. . llien yon have . the corns* 
of die Northfleet people. 

Philip Foxail, (the next witness), says, " I keep th% 
ttose Imi at Dartford;'' a letter was shewn to him, he sayt> 
^ I received that letter from Mr. Sandom, I knew him 
by his frequently having chaises from my houaew" Thai 
note is one in pencil^ ordering a chaise, *^ please to send 
floe over immediately, a chaise and pair to bring back to 
J>artferd> and have four good horses ready to go on to 
Xondon with all expedition.'' ^' I sent a chaise over to 
Jiorthfleet, and had horses ready ^ as the letter advised me; 
<he ch^se on its return drove furionsly into my yard, with 
'3ffr*Sandom and two gentlemen with white cockades, 
and large flat hats, quite plain, except white ribbon or 
paper, and blue clothes, I cannot say whether they were 
plain. I forwarded them with four horses. I aaked M& 
Sandom whether they would breakfast; be said no, they 
•have breakfasted at my house, they have bete out in an 
cpea boat all night, and are very mudi fstigued; I asked 
who are they i Sandom said he did not know, but they had 
news of the utmost consequence, and begged I would let 
them have good horses ; they ordered a diaise and horses 
for Westminster." 

On his cross««xamination he says, ^ I think I mast 
have received the note about seven o'ckick in the morbiog^ 
<he chaise with Sandom and the other gentlemen casaa 
'back in about an hour.'' I was surprised to . see it in sa 
^short a time. I only know Sandom by his having diaisea 
at my house to Northfleet. I understood he livqd there; 
be had been in the habit for nine months before that, of 
. occasionally having hqives from mj bou#^'' Hus evidcsMi 



497 

introduces Mr. Sandom in this chaise^ with these posotis 
iii this assumed garb, and presents him tbevefore as acting 
in this purpose. . 

Foxall Baldry is next called ; he says, ^ I am a pott-boy 
at the Rom at Dartford ;: on the morning of the fist, 1 
recollect a chaise coming from Nortfafleet to our house ; 
I have seen one of the gentlemen since ; I did not know 
Mr. Sandom personally at the time ; he was (me of those 
persons; I did not know the other two; I drove the 
leaders. Just as we were coming to Shooters Hill, Mr. 
Sandom got out of the chaise, and said, give your horses * 
their wind, and when you get up the hill, make the best of 
your way ; I will give you twelve shillings a*piece for 
driving ; my fellow servant ordered me to go over Londoot 
!foidge, down Lombard-street, along Cheapside, over 
Blackfriars Bridge, down the New Cut, and when I was in 
sight of the Marsh Gate, I was to stop." Thai was the line 
they were to take, they. were to come through the town with 
these laurels and white cockades, which would attract 
attention ; and it appears tliat this chaise came about two 
hours after the other, so that when the rumour began to 
be languid, this would revive and also strengthen it, the 
usme report reaching London through two channels that 
momiog. ** I took. that course; Mr. Sandom had on a 
blown coat, and the other two were in blue coats I think ; 
the horses had laurels upon them ; when I was in sight of 
the- Marsh Gate I pulled up, the parties took off their 
cocked hats, put them into their handkerchiefs, put their 
rduad hats on, and they walked away.'' It had answered 
their purpose, they had exhibited themselves in the city, and 
they then resumed their usual habits. " I got to the Marsh 
Gate about eleven o'clock I should think ; Mr. San4om did 
not give us any thing at that time, nor pay forlBe pbabe; 
be asked what house we stopped at ; I told him th<^|^ 

li ^S 




498 

K^nt-street end, and he came to ns there, and gave hit 
fellow servant a £.1 note and the rest in silver ; the chaise 
he did not pay for." Whether it is yet paid for, nobody 
has informed ns. 

Mr. Baily is then called again, and he says, *' In con- 
sequence of inquiries that had been made, Mr. Holloway 
and Lyte attended the committee of the Stock Exchange. 
Holloway denied any knowledge of the transaction, after 
5i^hich became and confessed that he had planned that plot 
or participated in it ; he said that he had done it with a 
view to obtain money by a rise in the public funds ; an^ 
Lyte said that be had been employed by Mr. M*Rae, at 
Mr. Holloway's solicitation. Lyte stated, that he and 
Sandom, and M*Rae, rode in the post chaise fix>m North- 
fleet to Dartford, and afterwards from Dartford to London ; 
there were present at this time, Mr. Wakefield, Mr. Lavie^ 
and Mr. Chaumette. Holloway and Lyte crnne together, 
and what Lyte stated, was in the presence of Holloway ; 
he (Holloway) stated, that he was not aware of the serious 
turn it would take ; 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 extre* 
mities. He was asked, whether he had any connexion 
tvith Lord Cochrane, Mr. Cochrane Johnstone, or Mr. 
Butt, and he denied that he had;" and certainly, if his 
denial was complete evidence of the fact, it would be 
proper for your consideration in that respect; but what he 
admits is to be taken as against himself, subject to your 
discreet consideration of the whole of the circumstances ; 
and you will, upon the whole, determine, whether these 
defendants conspired with the rest in the promotion of the 
same end, accomplished by the' same or similar means, 
abo^the very same period. Mr. Baily adds, that nothing 
JlpK^poses, but the publicity of the measures, induct 



499 

HoQoway to come forward ; and that he believed Hollo way 
stated^ that he would communicate all he- knew of the 
business, because M'Rac had offered, for a large sura of 
money (I believe that sum was mentioned to be ten thou- 
sand pounds) to come forward ; he denied also any con*- 
nexion with De Berenger. 

Several Brokers are then called. Mr. Robert Hitchens, 
one of them, says; I have known Mr. Cochrane John- 
stone for several years, I have never done business for 
him till the present year; from the 8th of February 
to the 19th, I made various purchases for him, the 
balance was «£. 250,000 omnium, at the leaving off of 
the business on Saturday ; I furnished Mr. Baily with 
an account of the purchases and sales on Monday the 
21st; I met Mr. Cochrane Johnstone as I was coming 
out of the Stock Exchange, about a quarter before eleven 
o'clock; I received an order from him on the Saturday to 
sell •£. 50,000 at one per cent, profit on the Monday, and 
that I sold before I saw him on Monday ; now it docs 
appear very probable, that the communication this person 
had made at Dover, might have reached town before De 
Berenger, for it appears by the evidence of Wright of 
Rochester, that he had been called up by a post-boy of 
his brother's at Dover, who had probably brought before 
De Berenger^s arrival at Rochester, some of the newa 
which De Berenger had announced at Itever, for Wright of 
Rochester addresses him as a person whom he was ^ led 
to supposed was the bearer of some very good news ; some 
such cause appears to have operated^ so that the atocks 
were at 29 early in the morning ; on the Saturday he 
ordered me to sell a certain quantity at an eighth per ceti^ 
more ; I sold the whole of it that day by his directiond, at 
«9» 29!, 2oi, 303 and 30}. I disposed of the whole which 
Mr. Cuchrane Johnstone held at one or other of iih&se 
^riqes, 

li f 



500 

Then on crosfe-eitainiDationy he stutes Mr. Cocfarane' 
JohnstQne's ^ance on this and diflferent days, find it 
appears that they bad been dealing in the fands, with a view 
to this particular day; for a length of time they all had 
their hands (nil of omnium and consols ; and the omoium 
havmg obtained a price which would allow of a profit, 
^""aO was sold, and the object appears to have been as 
much to raise the price a little, so as to get ont with-* 
out present loss» as to gain a profit ; this is the snbr 
stanee of tbe eyidente of the diflferent brokers, who all 
prove the* quantities of stock, and that they were both 
buyers and sellers; tbe persons who were interested to 
prevent a depression, must, fi^ed tbe market ,occasioiialljr 
as a buyer, I should imagine, though I am not very cQDr 
versatit in these things 

Mr. Baily then states in substance, what firom an in^ 
spection of the acooudts, with which he states bimself 
to have been furnished b^ the several brokers, Hjche&s, 
Fearn, Smallbone, and Richardson, it turns out had b^en 
the balances of tlie three persons, Mr. Cochrane Jo^nstone^ 
Lord Cochrane, and Mr. Butt, in ' the different specnla-. 
tions they had, which had lasted for a considc^rable time ; 
from the month of November, according to Mr.Feanr^ 
down to that day, and particularly from the Sth to the 
2 1st of February (the particulars of which ava speeified in 
this paper) they appear to hj^vi^ bad ir lai'ger bakmce, ^t 
least Mr. Cochrane Johnstone appMrs to have had on an 
antecedent day, than he had dn the a|st of February ; but 
it appears as if they not only wefe' speculating on what 
Ijiey were buying, but they were >peculatingto auch an 
amount, that ipnless they got rid of it, every one of them 
might be ruined ; and they had determined, it sbonU 
seem, on getting a profit of about one per cent, to seU 
the whole.. It turns ^uty that on the sist.of February, €tt 
appears by this ^per^ jf. 420,000 of omniunkf ^nf 



501 

wf.ioo>oo6 of consols^. bdoDged to Mr. Coduane John- 
stone ; «£« i39)000. of (nnnium to Lord Cochrane ; and x» 
Mr. Batty £.20Of0oo omnium, «ik1.<£« 178^000 consols. 
It appears that he sold on that day^ £. 24,000 more of 
omniom than he had, and «£. 10,000 of cansob short of 
\<rhat he had; and with those diiferences merely, they» on 
that day, evacuate themselves of the whole ; and, by Mr* 
Baily's account, you will see there was a profit upon itlia 
whole. The gross amount of the balances of all thre<i, 
was <£• 759,000 omnium, and <£• 278,000 consols* wbich^ 
would make, he says, if the whole amount were reduced 
toconsok and calculated as consols, <£. 1,611,430, <£. 3. 
per cents. Of that quantity of stock they were holders 
on the 21st of February. When I have stated the total 
amount as being «£. 1,611,430, 3 per cents., that is sup« 
posing the omnium was calculated in terms of consols ; 
he says, the fluctuation of only an eighthj would, upon 
this large amount, have been ^ profit of above <£. 2,ooo» 
The profit upon the sales of that day, was, he says, 
£. 10,450. Lord Cochrane's share of this profit was, as 
he computes, «£. 2,470. ; Mr. Cochrane Johnstone's, 
^•4?93J* 5m and Mr. Butt's, ^. 3,048. 15.; he says, **lf 
no news had arrived on the 21st, no person could have sold 
this large quantity of omnium and consols, without very 
much depressing the market ;" therefi»re, it was necessary, 
it should seem, that there should be good news to keep 
up the market, that great holders of stock might get out 
of the adventure without loss. '^ I should tliink the news 
arrived in about half an hour after ten ; business begins at 
ten ; the news had a gradual effect, as the report was be* 
lieved, the first decline was about the middle of the 
day ;" he says, '' the recovery of the funds was generally 
attributed to the chaise passing through the city ;" therefore 
the one chaise was, in point of effecti a good auxiliaJiy to 

lis 



502 

the other, and the Uue coats and the wdnted embmt- 
derjfy aided, it should seem, the effect of the redcoat and the 
gold lace ; and you will consider whether it was not all 
part of the same transaction. *' I think, he says, the chaiafe 
through the city carried it to its highest amoaot ; I sboald 
thirtk, he says, the accounts were, time bargains, from the 
magnitude of the sums, and it should seem, they were 
so ; but though the gain which these parties made, might 
not be a legitimate gain arising on legitimate bargains, 
the ef il of this to the fair dealer is palpable^ and the argu- 
ment of -its inyalidity is a sword with a doublfg ^ge; its 
operation, at any rate, is to cut very deeply into the 
interest of innocent dealers in the funds. 

Mr. Wetenhall then speaks to the different prices of the 
stock on that day; he says, '^ I collect the prices at different 
times of the day, and furnish the bank with these papers. 
Omnium left off at 26 J, that was the money price ; the 
time price is generally one per cent higher. It commenced 
on Monday at 26 J. On news arriving, it rose to 30^; fell 
back to 30, and afterwards to 28. After the stocks had 
begun to full ; on a report of a chaise having come through 
the city, they rose again. 

Pilliner, who was a stock-broker, says; " before the 2i8t 
of February I had made purchases for HoUoway to the 
amount of <£. 20,000 omnium, and <£. 20,000 consols. I 
sold for him <£• 20,000 omnium, and £* 14^000 consols. I 
saw Holloway on the morning of the 21st;'' he declines 
answering whether they were time bargains, or for money ; 
'^ he desired me to sell his stock, to sell all about the 
middle of the day. I had acted as broker for him two 
years." 

Then Mr. Steers says, " I am broker tb the Actottntant 
Geneial of the Court of Chancery. On Monday the 2i8t 
of February 1 made purchases, as broker for the Court of 

4 



503 

jChaneery, to the amount of fifteen thousand and odd ; 
•I bought at 71 i consols. ; that was the price about eleven 
a'clocky when the funds had considerably risen ; that was all 
that I did that day for the Accountant General. I can speak 
io Aotbing else that day. I purchased <£. 6,81^4. lis. 41/. 
consols, for the Accountant General, on Saturday, at 70 ;*' 
therefore the difference between 71 | and 70, seems to 
have been occasioned by the operation 1 have before stated 
io you. 

Mr. Wright is next called ; he appears to have printed 
this affidavit by Lord Cochrane's dkection, on slips for the 
newspapers; he says, '^ In a conversation widi Lord Coch- 
lane, when he was giving me directions, he said, I once 
saw captain De Berenger at dinner at Mr. Basil Cochrane's. 
I have no reason to think that captain De Bereuger is 
capable of so base a transaction;" giving his own name to 
the transaction; " but if he is, I have given the committee 
of the Stock Exchange tlic best clue to find him out ;" he 
had given them a clue, by giving his name in the manner . 
he has done in his affidavit ; but it would have been very 
ineffectual if De Berenger had carried away his own person 
previous to that ; but it was by accident that be was 
found at Leith. 

Mr.Le Marchaat is next called; there is a great deal, he 
says, which is no evidence against any body but the person 
who relates it; viz. captain De Berenger, and 1 do not 
think it at all necessary to state it ; he does himself no credit, 
and. he is a person on the statement of the letters which 
have been read, whom Government might do very well in 
letting ride at anchor here without going abroad. He sayp, 
however, ** I became acquainted with captain De Berenger 
about eighteen months ago, our acquaintance continued 
until the 16th of February; from the loth to the 16th of 
January be spent his evenings with me occasionally; J 



504 

leamt that he was connected with Loid Cochxaao mA 
Mr. Cochrane Johnstone; he stated that.he;wa8 abontto 
go to America, 'under the command of Lord Cochrane; 
upon his mentioning this, I put the question to him, how 
he could possibly do it under the embarrassments that he 
lay under, upon which he answered that all was settled on 
that score; this conversation passed about the 14th <^ 
February ; he said, that for the services he had rendered 
to Lord Cochrane and Mr. Cochrane Johnstone, whereby 
his lordship could realize a large sum of money, by means 
of the funds or stocks. 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, 
he frequently mentioned particular intimacy of dining, 
breakfasting, and supping with his lordship; be said, iu this 
purse he had deposited a certain per centage out of the 
profits which his lordship bad made by his stock suggestion." 
This is only what De Berenger says, and the declarations 
of persons are evidence only against the parties them- 
selves who make them, and do not prove tlie fact as against 
any body else. " I afterwards heard of the events of the 
21 St of February, and made known n^y suspicions, that 
captain De Berenger had been active in them, to captain 
Wright of the East India Company's service, and lieu- 
tenant Taylor of the 22d infantry ;" he said the per cen^ 
ages were for the benefit of his (De Berenger's) ideas he 
bad given to Lord Cochrane and Mr. Cochrane Johnstone 
as to stock transactions ; it applied to both. . 

Upon his cross-examination, he says, '' I have been 
corresponding with Lord Cochrane, I am not now a 
prisoner in the King's Bench, I have never had any com* 
mnnication with Lord Cochrane but in writing ; my pro- 
motion u not suspended, I hold the situation of Secietaiy 
and Register to the Court of Antigua and Montserat; 



505 

t haVe bfen prevented frodd going out in consequence: o 
being pompelied to give my evidence either at this couft 
or some other court, and only for that purpose ; this is my 
hand-wridng; most undoubtedly 1 must have been com* 
pelied to give this evidence upon oath if called upon in 
« court of justice; I do not give my evidence from 
resentment, or from any refusal to lend me money ; I know 
one Palfreyman/' he is not called. 'M am persuaded I 
never represented myself as having any resentment against 
Lord Cochrane to Mr. Palfreyman, nor said to him, that 
I would be Lord Cochrane's ruin ;" and it is not proved 
ihat he did. '^ I never told him that I would assist the 
-Stock Exchange ; I have a very slight acquaintance with 
Mr. Palireyman. The conversation with De Berenger 
was about the 14th of February; he mentioned to me^ 
that he had expectations of getting some e^mployment in 
America, to serve under Lord Cochrane ; he particularly 
wished to be employed, that he might be useful in drilling 
the sharp-shooters, and said other things of that sort ; I ha4 
a very high opinion of him, as being acquainted with the 
service ; he was adjutant for a number of years in the 
Duke of Cumberland's sharp shooters. I do nut know of 
•his making preparation to go to America at that time, if 
he should be successful in procuring the appointment he 
was soliciting.'' 

Upon his re-examination, he says, '' The Stock Ex* 
change applied to me to give them information, and sent 
me a subpoena after Lord Cochnme's publication." 

The honourable Alexander Murray is called; he says, 
'' 1 am not at present an officer in His Majesty's service, ( 
am now in the King's Bench. I have been acquainted with 
captam De Berenger a year and a half; I wat introduced 
.to him by Mr. Tahourdin, who is my solicitor, and lik^ 
wise Mr.De Berenger's ; we were frequently together ; when 



508 

^£* 56 bank note^ four £.5 notes, and Iwo Napoleons hi 
a pocket-book. He also produced a memorandmn^book, 
and a paper of memorandams, and a road-book. A me- 
morandam is shewu to Mr. Layie, whicb he sajs he 
believes to be Mr. De Berenger's hand writing. 

Mr. Wood says, on his cross examination, I carried the 
box and the papers before the the Grand Jury, by (Mrders 
of the Secretary of State. I was subpoenead to bring it 
before the Grand Jury ; the seals put on at Edinbargb, 
yrere taken off by order of the Secretary of State, before 
I went before the Grand Jury; it has been in my posae^- 
sion ever since I took it at Edinburgh. When I went to 
Holland, in my absence, Mr* Tahourdin wished to see it^ 
and Mr. Musgrave opened it for him ; the seals had been 
opened before that time. I was absent about a week or ten 
days. I was present all the time it was before the Grand - 
Jury; it was locked up with' all its contents; when I 
went out 1 locked it, and left it upon the jury table; 
1 had the key ; I was present when Mr. Lavie and 
Mr. Wakefield, and another gentleman of the Stock 
Exchange were with Mr. De Berenger the day he ar^ 
rived. I was present the greatest part of the time. Mr. 
Wakefield went very close to Mr. De Beretkger, and I de» 
dare I do not recollect any particular words ; he put some 
questions respecting the Stock Exchange. I did not bear 
any names mentioned. 1 remember the word informa** 
lion, that they wanted information, but that is all I recol- 
lect. Mr. De Berenger said he was unwell, and exhausted 
by bis jooroey. Mr. Wakefield conversed with him about 
ten minutes ; I put my marks upon these things before I 
went to Holland." So that his going to Holland is immar 
terial, for his marks put upon them before he parted with 
them^ identify the bank notes, and the bank. clerks say 
they gave them in exchange for other notes. 

Mr. Fearn is shewn a check of the 5th of February ; he 



509 

^yh '' I g^ve that check to Mn Butt on the day of ita 
date " That was afterwards attempted to be proved; bat 
it came^ I thiok^ to oothing. 

Mr. Smallbone says^ '' Oo the loth of February I drew, 
that cheeky which was a chqck for ,£• 470. 19. 4. I drew 
it for Lord Cochrane ; I gave it . him on some, stock 
account ; I think Mr. Butt was in the office at the time ; 
I feel satisfied I gave it to Lord Cochrane; and not to. 
Mr Butt ; I did not see him hand it to Mr. Bqtt ^ I pre- 
sented it to him on the table, that he might see it." The. 
check is then read, it is upon Messrs. Jones, Loyd &; 
Company, dated the 19th of February, very shortly, that, 
k on the Friday before the Sunday on which this person, 
must have departed from town, it is payable to No. 119 or. 
bearer, and is signed William Smallbone: ' / 

Then Edward Wharmby s^ys^ '^ I am a clerk to Jones^ 
Loyd & Company. I paid-, that check on the 19th of 
February, in one ^.200 note, twoof ^,100 each, and a^ 
^.50.; the JE.200 note was No. 634, the i!. 100 notes 
were, one No. 18,468, and the other 16,601, andjthe.£.50 
note was No. 7,375. . ^ 

Then to shew that Lord Cochrane dealt with the pro- 
dude of this check as his own, Thomas Parker, the <<oal- 
merchant of Lord Cochrane, ^y^ ** I received in payment 
« bank note of £. 50 from Lord Cochrane, which is this 
very note, the number of which is 7,375 ; I wrote oq the( 
back of the note, and that is my band-wriiing." There- 
fore it appears that this check, which was drawn for 
Lord Cochrane, was in the first instance for his benefit; 
for £^ 50 of it went to his coal merchant, and the other 
notes appear to have come to him, or to Mr. Butt, and the 
produce is afterwards found at a very critical period in the 
hands of this person, De Berenger, seissed after he had gone 
from London. The check itself is the 19 th of February^ 
the money is found in this desk after he bad gone off. 



510 

Then ilie bank notes of £*too each are shewn to 
Mr. Lance; he says, " On the 24th February I went to the 
bank to change some bank notes for fmaller notes^ by the 
desire of Mr. Butt;" the notes were shewn to him, and he 
says, <' these are the notes/' I received two hundred notes 
of £. 1 each for them. 

Upon his cross examination, he says, ^ I remember on 
liie 15th of Febniary Mr. Butt lending Lord Cochrane 
£. 300 ;" but on examination, it turns out that he only 
heard it, and did not see it lent. ^ I went with this check 
to get the -money to Jones and Loyd's, I gave the notes 
of £. 100 each to Lord Cochrane, I was not present when 
Lord Cochrane paid those notes back to Mr. Butt, I 
received those notes from Mr. Butt afterwards, and it was 
by Mr. Butt's desire I changed them for small notes at the 
bank.'' Then he says, ^' 1 advanced <£.450 to Lord 
Cochrane, as clerk to Mr. Smallbone ; when he had got 
this check for .f .450 he wanted £. 200 more; Mr. Butt 
was not present. I do not know when Lord Cochrane 
gave these two £. 100 notes to Mr. Butt, which by Mr. 
Butt's desire I took to the bank." 

• John Bilson and Thomas Northover, who are clerks in 
the bank, are shewn the two notes of «£. 100 each; Bilson 
days, these two notes were sent for payment in the bank 
on the 24th of February: I have the book here in my own 
kand-writing, they were paid in <£.i notes, and he specifies 
the nomber of each ; we have looked over the notes in 
De Berenger's trunk before the grand jury; here are forty- 
Hine, part of the two hundred. 

Thomas Christmas says, '^ I am clerk to Mr. Feam ; I 
remember being sent on the 24th of February to change a 
note for ^.200; I went to Messrs. Bond and Co's. ; that 
is the*note I gave ; I received two notes of ^. 100 each; 
I then took those two notes to the bank, and changed 



511 

them for two hundred notes of.<£. i ench; I gave them to 
Mr. Fearn ; 1 did not see what Mr. Fearn did with them,; 
I put Mr. Fearn's name upon the two <£.ioo notes before 
{ gave them in at the baok." Mr. Miller^ a ban:ik clerk, 
produced the two «£.aoo notes, wid Christmas says, 
" Those aie the notes.** 

Mr. Fearn says, ^ On the 34th of ¥!ebruArj I received 
from Christmas two hundred notes of <£.i eaob; i gare 
theai to Mr. Butt^ and he gave them to Mr. Cochrane 
Jolihstone." 

Bilson and Nofthover, the bank clerks, say, ** That oA 
the 24th of February they paid to Fearn two hundred «£. i 
notes, for two notes of £. 100 each. Then they ^re 
ttiewn sixty-seven of the notes of^.i each, foand in De 
Berenger's writing desk, and they say those are part of the 
notes they paid to Fearn on the 24th of February. 

Then Wood produces a box and two watches. 

Bishop Bramley is called; he says, '^ I am a watch- 
maker and silversmith living at Hull/' (the watches were 
shewn to him) ; ^' I never sold this watch or that, but I sold 
a watch to the gentleman who sits there .for .£.30. igs. 6</. 
on the 4th of March, and he paid me in £, 1 baak notes; 
I put my own initials upon them, I should know them 
again ;'* {^Miiler having produced some notes to the witnessi, 
^ all those seven notes I received of the person I sold the 
watch to; I pat my initials and the date upon them ; we 
took no other Bank of England notes on that day ; I re^ 
ceived twenty in the forenoon, and the other eleven ia 
the afternoon ; and I marked them, and paid them away 
the same afternoon." 

Bilson and Northover are shewn the seven notes ; tfa^ 
aay those seven notes were part of the two hundred .notes 
me paid to Fearn, on the 24tb of February. 

Ijaoee ^ays, '^ On the 96th of February, I gave>Mr. Butt 



512 

a check on Prescott 8c Co. for £.^, 2$. 6d. that 19 
the check." 

Isherwood, a clerk to Prescott Sc Co. says, '^ T paid thai 
check, I think on the date ot it, the 26th of Februaiy 
1814/' jast before the time when De Berenger went off, 
^ in a «£. 50 bank note, No. 13,396, and a ^£.40 note, 
If 0.6,268.'' A«f.40 note and a<£.50 are shewn t^him, 
to each of them be says, '' that is the note." 

John Seeks is shewn a cancelled bank note of ^£.50 ; he 
ttys, ^' I gave change for it, I cannot exactly recollect the 
day; here are some letters on the back that I know it by; 
I gaye change for it to Mr. De Berenger's servant. Smith." 

Now there we stopped last night, upon that note, because 
it conld not be proved that Smith, De Berenger's servant, 
paid it for bis master ; this morning it is proved by Smith, 
that he did pay that ,£.50 bank note to Seeks, by desire 
of Mr. De Berenger, therefore that ^.50 i9 fixed upon 
him as drawn from the same source, namely, the bank 
note which had come from Mr. Butt. 

A memorandum in Mr. De Berenger's book, written in 
pencil, was referred to by the counsel; ''W. S. ^.50." 
Mr. Lavie says, ** I never saw any writing in pencil of 
Mr. De Berenger's, but I believe this to be his writing, it is 
exactly the same sort of character as the other." 

Benjamin Bray is called, he says, '* I live at Sunderland ;** 
he is shewn a ^.40 note, he says, ^' I received it from the 
waiter of the Bridge Inn, at Sunderland; I hud seen 
Mr. De Berenger at Sunderland, previous to that; I gave 
the waiter six £.5 notes, and ten £. 1 notes for it, of the 
Durham Bank. Mr. De Berenger came shortly after to my 
house, to take his leave of me : I am a druggist, and agent 
to the Durham Bank. From the 17th to the 2 1st of March, 
I had known of his being at Sunderland ; the waiter had 
come requesting bank paper. I made an apology to 
Mr. Dt Berenger for not sending him more bank paper in 



61S 

tbangei and he acknowledged having received the whole 
of the notes I had sent from the waiter; he. went by the 
name of Major Burne." 

Then> on cross-exam ination, he says^ ^' I know that 
J[^ 40* notei by the copy I made of it in my waste-book"— 
he had not the waste-book here, but he says^ ^' I know it 
disofrommy initimls on the back of the note, made a day or 
two afterwards, when it was fresh in my recollection. I 
did not keep it distinct from my other notes, but I marked 
it between the 31st of March and the4tb of April ; but" 
(what is more material) '' I generally do not .pat my initiala 
on bank notes, but I did on this ; 1 bad no other <£.40. 
note at the time, and have had no other since ;'' so that 
that <£.4o. bank note is proved likewise^ 

Mr. Patteshall says, '' I am a partner in the house of 
Bond & Co. I did not pay that check of Mr. Fearn's, it 
was paid by Mr. Evans, a clerk of ours." That person of 
the name of Evans never came^ and was called on his 
subpoena. 

They then produced two Napoleons, found in the pocket- 
book of De Berenger, and with that they closed the evi« 
dence on the part of the prosecution. 

On the part ot the defendant, they first read the letters 
of Le Marchant, which, as I have before observed^ cer- 
tainly reflect very much upon himself. 

They then call Lord Melville, who says^ '' I am ac« 
quainted with Sir Alexander Cochrane; I recollect Sir 
.Alexander more than once applying to me, that Mr. De 
Berenger might be allowed to accompany him, and to 
remain with him on the North American station, to which 
Sir Alexander Cochrane was appointed; it was shortly 
before Sir Alexander sailed upon the command ; I think it 
was five or six months ago. Sir Alexander was desirous 
that he should accompany him, for the purpose of ii>- 
structing either a corps to be raised in that part of the 

Kk 



S14 

Worlds or the Rojal lif lirines^ in the rifle etercic^e ; and 
afterwards^ when Sir Alexander wished that an oiRcer of 
engineers should accompany him, and when I suggested 
that it would be difficult to give him that assistance^ from 
the small number of engineer officers that could be pro* 
cured. Sir Alexander mentioned, that as an engineer 
officer, be would be quite satisfied with'Mr.De Berenger. 
I think there was some rank necessary to accompany such 
nn appointment. I said I could not agree to the appoint- 
ment, 'as far as the naval service was conoerfied, but •! 
^advised him to apply to the Secretary of State, or to the 
Commander in Chief ; stating, that if they agreed loit, I 
should have tto objection to let him accompany Sir Alex- 
ander. Lord Cochrane was appointed to die Tonnaot, 
labout the time Sir Alexander Cochrane sailed. I have no 
personal knowledge of Mr. De Berenger.*' 

Coloniel Torrens, who is secretary to the Commander 
in Chlef> sirjrs, '' I f ememba: an application being made 
on behalf of Captain De Berenger in the latter end of 
December, or the beginning of Janaary, by Sir Alexander 
Cochrane, to ui^ the appoinfment of De Berenger to go 
to America, for the purpose of applying his talents in the 
light infantry drill, that 4s, the rifle service ; he says, there 
^ere great difliculties sterted to this appKeiAion ; and in 
consequence of those difficulties the appointment did not 
take place. It iras under consideration, however, at the 
Commander io. Chiefs office. I do not know personally 
ihe character of Mr. 0e Berenger.*' 

Then Mr. Goulburn, Under Secretaiy of State for the 
Colonial Department, says, '* there was an application 
made by Sir Alexander' Cochrane, on behdf of 0e Be> 
renger ;'' but he gives iio further account. 

William Robert Wale King says, '' I am a tinplate woiieer. 
I was employed by Lord Cochrane, in making signal lan~ 
thorns -and lamps. I made him a new sort of lamp, for 



515 

which he had a patent. He came frequently, nearly every 
day, to my manufactory ; he was there the fiist of February. 
He came between ten and eleven in the morning, tfti&t was 
about the time he usually came. I perfiectly lecoilect the 
circumstance of a note being brought to him by his 
servant. I was present when the note was delivered. He ' 
immediately opened it, and retired into the passage ; and 
he came into the workshop again, and shortly after wefit 
away. His Lordship bad been about a quarter of an hour 
there, that is a mile and a half from Grosvenor Square; hi^ 
Lordship only said * very well, Thomas,* not making any 
observation expressive of anxiety as to his brother.'' 

Mr. Bowering says, *' I am clerk in the Adjutant <3e- 
neral's Office. Major Cochrane, the brother of Lord Coch- 
rane, was returned as with the army in the South of France, 
'^ sick/' on the 25th of January. The returns ran from 
the 24th of December to the 24th of Jannary/' 

Then Thomas Dewman says, '* I am a servant to Lord 
Cochrane, and have been seventeen years in the family. I 
carried a note to Lord Cochrane at Mr. King's manofac- 
tory ; I remember the gentleman coming to Lord Coch- 
rane's in a hackney coach ; I do not know that I have 
teen him before or since. He first asked, where Lord Coch- 
rane was gone to i and I told him he was gone to Cum- 
berland-street to breakfast, because his Lordship told me 
he was going there to his uncle's ; I went there after htm, 
and not finding him, I returned to the gentleman ; bis 
Lordship had told me to follow him with some glohe glass 
to Mr. King's. I had been there on Saturday; I supposed 
he might be there ; I told the gentleman that I most likely 
should find him there ; I should however have gone^ if the 
gentleman had not sent me ; he took the note from me, and 
said, I will add two or three more lines. I took the note 
to his Lordship at Mr. King's ; his Lordship realt the note 

Kk2 



516 

in my presence ; I left him at Mr. King's ; bis Lord^p 
had no man in Green-street bat me ; the other servant 
was in the countrjr ; he had been there two or three months 
before that ; his Lordship had given Davis warning on bis 
appointment to the Tonant. Davis was not in his Lord- 
ship's service at that time, but he happened to be in the 
kitchen when the gentleman came ; Davis is gone." Thi8> 
It should seem, is only to account for not calling Davis. 
^' Davis is gone with Admiral Fleming to the West Indies* 
It was a little past ten when the gentleman arrived. I was 
engaged to Lord Cochrane since Christmas ; I had been in 
the family of Lord Dundonald ; I do not know Hollowaj 
or Ly te. When I gave the note to Lord Cochrane^ he said^ 
/ Well, Thomas, 1 will return.' 1 waited on Major Coch- 
rane when he first went into the army ; I saw Lord Coch- 
rane leave the place> that ia Mr.. King's." 
. Then it is admitted, that Lord Cochrane has a patent for 
the invention of a lamp, dated the s8th of. February last. 

Mr. Gabriel Tahourdin says, '^ I have known Mr. De 
Berenger five or six years ; I introduced him to Mr. Coch- 
rane Johnstone, in May 1813. Mr. Cochrane Johnstone 
was in possession of a place at Paddington, named Vittoria, 
which he was desirous of improving. I introduced De- 
Berenger to Cochrane Johnstone by mere chance;, De 
Berenger aflenvards employed himself in preparing a plan^ 
and had-nearly completed it. Shortly before Mr. Cochrane 
Johnstone went to Scotland, in September, he made him 
one payment on account of it. Besides the plan, De Be- 
renger prepared a prospectus; Mr. Johnstone had got a 
number of that prospectus printed, early in October, to take 
to Scotland with him. I conveyed a letter from De Beren- 
ger, and I spoke several times to Mr. Johnstone, upon the 
subject of paying for those plans, but no price was fixed 
upon till February last ; I made repeated applications to 



517 

Mr. Johnstone, in a delicate way, to pay him,aDd on the 22d 
of February. That is a very remarkable time, immediately 
after the transaction on the 2ist; if the gentleman knew 
any thing of De Berenger's conduct, on the previous day, 
it may deserve consideration, whether that was the most ' 
likely time, in point of delicacy, to have made the appli- 
cation. '' Mr. Johnstone sent me a letter on tlie 22d of 
February 1814, enclosing a letter from Mr. De Berenger to 
Mr. Cochrane Johnstone." Now these letters^ if you wish 
them to be read, I will read. 

Foreman of the Jury. We think there is no necessity, 
my Lord. 

Lord Ellenborough. They relate to other work he was 
doing for him; there was that plan, I should have thought 
from two to three hundred pounds very excessive com- 
pensation for it; but still there was some claim affording 
a ground for money transactions to pass between them. 
As to the dates, there is one circumstance of Mr. Tahoor- 
din dating the letter of De Berenger to Cochrane John- 
Btone^ enclosed in the letter of Cochrane Johnstone to him- 
self^ which appears not very usual in the course of business; 
the letters shew other transactions between them. Whether 
they were pretended or not, or if existing^ then artificially 
brought forward or not, may he a question ; but the letters 
certainly are dated at a most critical time^ namely, on the 
22d of February. Then he says, *' There is a reference in 
the letter, to an assignment of some property, which De 
Berenger had, which assignment was prepared at my office : 
I do not know whether Mr* Cochrane Johnstone answered 
De Berenger's letters." He is shewn a letter, and he says, 
*' That is my answer to the letter of Mr. Cochrane John- 
stone ; I wrote it on the 23d of February." 

There was a business to settle with Lady Mary Crawfurd 
Lindsay. There is a great deal of business certainly intro- 
doeed into these letters^ so much almost as to induce one 

Kk3 



516 

to thinlc there is an axtificial introdaction of basiness^ tc^ 
give the appearaDce of reality to the letters; however, 
Mr.Tahourdin certainly swears that there were such trans- 
actions at that period. But one cannot help recollecting 
that Mr. Tahourdin, towards the close of the case, appears 
tQ have been in communication with the two last witnesses, 
Donithorne and Tragear^ on whose evidence I shall have 
to observe. He sayjB, '^ I saw a very few days after thrir 
date, a receipt for'Sf. 50. dated loth September 1813, re- 
ceived of C. Johnstone by hands of G. Tahourdin, on 
account of large plans ;** there is a receipt for £. 200. dated 
the 26th of February : *^ Received i£.2oo. on account of plans 
and prospectus delivered, C. R. De Berenger ;" and a note 
of hand for £. 200. more, De Berenger to C. Johnstone, 
dated the 26th of February ; I saw it two or three days 
afterwards. So that, just after the extraordinary transaction 
which had such an effect upon the funds, a communication 
that had taken place between them, and these letters are 
produced, and which are conceived to be material, with 
reference to the question now before you. He says, '^ there 
were subordinate plans for the details of that same place.'' 
Then he says, '' I had become security for the Rules for 
De Berenger, some months before I knew Mr. Cochrane 
Johnstone." Then he is shewn the letter, which has been 
described as the Dover letter ; he says/' this certainly is not 
the hand-writing of De Berenger ; I have received a then- 
sand letters from him, and this is not bis hand-^writing ; I 
do not believe it is a disguised hand of Mr. De Berenger; 
I have always considered De Berenger as a man of strict 
honour and integrity ; I have trusted him to the extent of 
about £. 4,000. in money, besides my professional claims 
on him.'' Some writing in a road-book found in De 
Berengei^s desk, is then shewn to him ; and how any per- 
son should have writing by him like that, purporting to be 
lu4 own, and it should still not be bis own hand-writing 



519 

one cannot coDceive. But he saysj '' some of it is more 
like bis band- writing than others, bat I do not believe/' 
he sap, " that all the writing is his ; some of the letters" 
he sajs^ (on being shewn the pencil-writing in the book 
found in De Berenger's desk) ^' look like bis writing ; the 
smaller parts look like his hand-virriiing." He is asked, 
'^. whether be does not believe the whole of it to be his, 
hand-writing ?" and he says, " I do not know what to say, 
this pencil is not like what he writes in general ; it being 
in pencil puzzles me more than any thing else." 

Then General Campbell is called, who says, '^ I know 
Mr. Cochrane Johnstone ; I met him the second week in 
October last, I think at the Perth meeting ; he shewed me 
a prospectus of a new public building to be erected in the 
Regent's Park, or in the neighbourhood of it, I think he 
called it Vittoria." He is shewn the prospectus, and he says, 
" I believe this is a copy of the same that he communi- 
cated to me in bis or my own apartment." 

Then on the part of Mr. De Berenger, Lord Yarmouth 
is called ; he says, ^' I am lieutenant colonel commandant 
of the regiment of Sharp-shooters. Captain De Berenger 
was acting adjutant, a non-commissioned officer. I have 
known him since 181 1 ; very early in that year. I cannot 
recollect the day, I have received letters from him, and 
have seen him occasionally write, and have seen him fre- 
quently on the subject of the contents of those letters, and 
am acquainted with his character of hand-writing.'' Then 
that letter sent to Admiral Foley is shewn to him ; he says, 
'^ If 1 had heard none of the circumstances, I should not 
Lave believed it was his hand-writing. He solicited to go 
out in the month of January last. Some time back he 
told me, that be had very nearly arranged to go out to drill 
the men on board the Tonnant." 

Upon his cross-examination, he says, '^ the hand- 
writing of this is much larger than Mr. De Berenger's ; he 

Kk4 



520 

gederallj writes a round and neater hand/' He' is shewn 
another letter ; and he says^ ^' I received that letter on 
the day it bears date^ or the day immediately after He 
k then shiewn the writing in the road book ; and he says^ 
*' It is larger than Be Berenger's usual writing ; some part 
of it is not larger, it is less round ; it is more angular. 
I am not suiBcient conversant with hand-writings to swear 
either way to this/' Then he looks again at the letter 
sent from Dover to Admiral Foley ; he says, ** the letter R 
looks very much like his hand-writing in the R of Random, 
before De Berenger^ Random being his second name. 
Then being asked^ what he should think of this gentleman 
coming to him' in his bottle-green coat of uniform ; he 
says^ 'Mt would have been more military 'that he shoold 
come so, though I never exacted it of him. I should not 
have been angry at it^ but should have thought it the 
regular dress for him to appear in. If he had appeared 
before me in an aid-de-camp's scarlet uniform^ and with 
a star^ I should have been indeed surprised to see him 
present himself before me in that dress." 

Sir John Beresford is then called ; he says^ *^ I have seen 
Captain De Berenger twice before yesterday. I never saw 
him write ; I know of his application to go to America^ as 
a sharp-shooter. In the beginning of February I paid my 
ship offhand met Mr. Cochrane Johnstone in townywho told 
me, Sir Alexander Cochrane was very anxious he should 
go out in the Tonnant/ to teach the marines the rifle 
exercise. I went to the Horse Guards^ to ask whether any 
thing could be done; I was told it would be useless to 
apply to the Duke of York^ and told Mr. Cochrane 
Johnstone of it ; this was before Sir Alexander Cochrane 
sniled in January or December. I met him at dinner at 
Mr. Cochrane Johnstone's. I was there to meet Sir 
Alexander Cochrane, but he did not come. 

Mr. James Stokes says, ^' I am a clerk of Mr. Tahemr* 



521 

^ifi'; I have been so between three and fboryears^ and 
daring that time have firequentlj seen the hand-writing of' 
DeBerenger; he has been a client of my master's^ an4 
has been assisted very much by him. I have seen a great 
deal of bis writing ; this is certainly not his writing, not ' 
a -word of it ; and tbe< letter * R.' (which Lord Yarmouth 
bad spoken to) is not at all like it/' 

Then they call witnesses^ who at last come to swear, that 
captaiii De Berenger slept in his own apartments on the 
Sunday night, the 20th of February ; of coarse, if he did^' 
so, he could not have been on the 2ist at Dover, at the 
time sworn to by the witnesses. 

William Smith is called ; he says, '' I was servant to - 
Mr. De Berenger, I was so about three years and a half; 
f have seen hira write frequently/' Then he is shewn the 
Bover letter, and he says ^* I do not believe that is his hand-- 
writing; the signature there, Du Boiirg, I really believe* 
is not his hand-writing, no part of the letter; I 'am 
positively sure it is not. He has lately lodp^ed with a person- 
of the name of Davidson, in Asylum Buildings. I was 
with him on Sunday the 27th of February, when he went 
away ; I perfectly remember he was at home on Sunday the 
9otb \ he slept at home on iheSaturday night the igtb, and' 
went out about nine o'clock on Sunday morning ; he came 
in afterwards at nearly eleven o'clock, and went out again' 
immediately afterwards ; he stayed out only about twenty 
minutes,- and returned again when people were gone to 
Church, and stayed at home tlH about four o'clock, he then^ 
went out again. I was not at home then, I was over the way 
with my master's' dog, leaning with my back against 
the rail, when he came down on the opposite side of the 
voad facing the door. I went out with my wife soon after, 
and returned in the evening about eleven or a few minutes 
afterwards; he was not at home then, he came home 
dfterwarda> in' five minutes after I got home, that was a 



522 

feiw minukefi after elevMi; be slepfc at home that nigbu 
laod my wife weise down ia the kitcheo taking our suppeu^ 
apd my master was in the drawing room; before we got 
to bed^ I heard him pass my room door to go to his bed- 
room^ that might be about half-past eleven. He did not 
breakfast at home the next morning; I did liot see him the 
pext morning; I saw him about three o'clock in the 
aftemooD of Monday ; my wife made his bed." 

Then he saysj on cross-examination, '' I let him in at 
a little after eleven at night. He rapped at the door in his 
uf qal way ; his usual rap was not over loud, between loud 
and gentle; he went to his bed-room that night ; I did not 
see him in bed the next morning, I beard him go into the 
bed^room." Then he is shewn a letter, which he says^ 
" X wrote to Lord Yarmouth,'" (but that is not given in 
evidence) '' I have my master's military grey greatcoat here 
at Guildhall ; I never acknowledged that my master slept 
irom home that night, to Mr. Murray ; I never told either 
Mrr or Mrs. Davidson, that coming home and not finding 
ipy master at home, I had left the key for him at the usual 
place in the area, that he might let himself in ; I never 
told them so, either on Monday the aist or any other day, 
to the. best of my knowledge. He has no attendance in the 
morning, he does every thing for himself, he does not 
usually ring his bell of a morning before he comes down to 
breakfast ; he is a very quiet man, I never knew bun other- 
wise, he nev^r. makes a disturbance, he walks about very 
much. My master finally left his lodgings on Sunday the 
ajlh ; I remember changing ai?. 50 note with Seeks^" (that 
is the ^.50. 1 have mentioned to you) '* received it from 
Mr. J>e Berenger, I received it on the 37th, the day he went 
away ; 1 took his things to the Angel Inn behind Saint 
Clement's ; a day or two before he left to go into the conn- 
U^y he gave me£. 20. 1 never saw him give Sophia «£. 13. if 
I wa« in the room, I did not notice it. I do not remember> 



523 

afiter my master finally went away, Mr. Cochrane Johpf- 
stone's calling witli a letter ; I never told Mrs* Davidson, 
that a gentleman who called thqre was Mr* Coohrwe 
Johnstone. I was not at home; she told me agentleoian 
had called there, and described him ; I said, most likely it 
was Mr. Cochrane Johnstone.'' Upon his e^amioatiiw I 
thought he had said, that he had seen him only once, but 
then he said, at last, that it was only oQce at his bouse. 
*^ I did not tell her on the Sunday, that if my master bad 
been at home on the Saturday, when Mn Cochrane John** 
stone brought that letter, he would have gone off on the 
Saturday night; I did not tell her so either on the Saturday 
or the Sunday. My master was at home every day from 
the 2oth to the 37tb, going out as usual. On theaiat, he 
went out to dine ; he did not tell me where he was going 
to, or when he came back where he had been tp, that I 
recollect ; he did not tell me he had been to Mf. Cocbi^ane 
Johnstone's, when he came home, nor before he went 
put, that he was going th^re. Wh^ I caipe home OQ the^ 
Monday, I saw a strange black coat ;. I cannot tell whether 
the coat fitted my master ; I never saw it on ; I brushed' 
it; I am used to brushing coats.; I did not know whpse 
coat it was; I capnot tell whether it was the coat of a. ipi^n 
six feet high. I swore an affidavit ; I drew that affidavit) 
myself; I told Mr. Tabourdin of his absence om the 71)^ or 
8th of March ; I drew out the affidavit belbrsi tl^ t^ne^ 
and did it without any sort of concept with any body 
whatever, merely for the vindication of n^y master's cha« 
racter. I sent the^ aj&davit to be publii|h|ed; I found my 
master a very injured gentleqian ; I took it %o Mr. Coch*» 
rane Johnstone, and he published it;" And then he saysji 
'' I let him in," that is, De Berenger his master, " on Sun- 
day the 2oth." 

Ann Smithji the wife <^ William Smith, says, '^ I was a^ 
servant witli q^y husband to Mr. X)e Bereoger^^ii^ Fgbrua^y 



524 

last^' and had been so two years and a half. T saw nay 
master at home on the 20th of February ; he went out 
about nine o'clock in the mornings and came in again 
between ten and eleven ; he did not stay at home long 
then^ before he went out again. My husband and I went 
out between four and five> after my master was gone out ; 
he went out about four o'clock. My husband and I returned 
home about eleven^ a few minutes before my master ; my 
husband got in a little before me. My master came in that 
evening ; he was let in by my husband, and I heard him 
above stairs ; he had a bit of bread and a glass of ale that 
night for supper. I did not see him that night ; it was my 
business to make his bed. I got up on the Monday morn- 
ing about seven, that was the Sunday and Monday before 
he finally went off, I am sure ; I usually get up about 
seven. My master went out that morning before breakfast; 
my husband went out about eight, and my master went out 
a little before him ; I did not see him go out nor hear him ; 
I did not know he was out till I let him in ; I nolade his 
bed on the Sunday morning ; I was up stairs making his 
bed, and he went out, I looked out of the window and saw 
him go ; I made his bed on Monday, but that wq^ not till 
after he came home, which was about twelve o'clock; when 
I fbund he had been out^ I went up stairs immediately to 
make his bed.'' You will consider whether there is any 
room for believing she might be correct^' and that he 
might have lain down upon his bed before she made it. 
^* The bed appeared as usual, as if it had been slept in on 
Sunday night ; I and my husband slept in our bed, and 
I made his bed on Monday as well as on Sunday. I 
remember how my master was dressed on the Monday 
when he came h#me ; he had a black coat on ; he had a 
bundle in his hand; I saw a part of a coat where the 
bundle was open, a grey coat just where the knot was tied ; 
my master continued to sleep regularly at home til he 
finally went away." 



525 

UpoD her cross-examination she says^ '^ my master had 
no other man servant but my husband ; he used to wait 
upon him^ and do any thing he was requested to do. I 
used to carry up breakfast when he rang^ if my husband 
was out ; he did not ring for my husband to attend him in 
the morning to dress. I supposed my master bad break- 
fasted out when he came in ; I was rather surprised that he 
had not rung. On the Sunday, when he went out, he had 
on his black coat and waistcoat, and grey overalls ; I did 
not remark that the coat was too long for him ; I do not 
know how he was dressed when he went out on the Mon- 
day ; he came home in a black coat ; I cannot tell whether 
it was the black coat in which he went out on Sunday. I 
never saw Lord Cochrane. I never observed the black 
coat at all in the bundle ; I saw part of a grey coat, and 
the green uniform coat was in the bundle. There was 
nothing extraordinary in my master's going out in green, 
it was his drill dress ; he was in the habit of going out in it, 
and returning in it; I never knew of bis going out in a 
green drill dress, and returning with a black coat befoie. 
I made an affidavit ; I saw nobody on the subject of that 
affidavit ; I saw Mr. Tahourdin a few days after making 
the affidavit. Mr. De Berenger wore wiskers sometimes ; 
I do not know whether he wore wiskers then or not, I did 
not see much of him. I had not seen the bed on Monday 
morning till after his return.'' 

Then the ostler at Chelsea, and his wife, are called to 
prove, that he was at a late hour in town. John M'Guire 
says, '' I am the ostler at Smith's livery-stables, at the 
Cross-keys yard, Chelsea. 1 am acquainted with the person 
of Mr. De Berenger ; I remember seeing him on the 20th 
of February ; it was on a Sunday. I remember it perfectly 
well, because I knew he was within the Rules of the King's 
Bench ; and I determined to ask his servant, how he was 
out of the Rules. He had lived at Chelsea before. It was 



i 



526 

ft quarter past six in the evening that I saw him at Si)iith^» 
stable-yard gate ; he asked me if the coach to London wa^ 
gone ; I told* him the six o'clock coach was gone^ but the 
seven would be ready in three quarters of an hour ; he 
said, it would not do to wait for the seven o'clock coach, 
and he turned round and took his way to London. When 
I went home that night, I mentioned to my wife, that I 
had seen Mr. De Berenger at a quarter past six. I was 
induced to mention it, from knowing he was in the Rules 
of the Bench, and not having seen him that way for 
some time before ; he went from the lodgings he had at 
Chelsea, to the King's Bench.'' 

Upon cross-examination, he says, '^ I have known him 
three years and a half, I knew him to be an officer in a 
corps of Kiflemen ; that day fortnight I saw his servant, on 
the 6th of March, and he said, he was not clear of the 
Bench then. Last Monday week I was examined by the 
attorney. He had on, when I saw him, a black coat, a black 
W&istcoast, and grey overalls or pantaloons. I have seen 
William Smith this morning. De Berenger wore whiskers 
when I knew him before, but when I saw him on this Sun- 
day he was close shaved, he had none then ; it was three 
miles and a half from the Asylum." Now it appears, that 
De Berenger was three miles and a half from the Asylum 
at a quarter past six, where he had dined ; if he had din^ 
any where, we have not heard. He says, " he thought it was 
wrong to be out of the Rules, and he was shocked at it." 

Then Mr. Hopper says, " I am an architect. I saw Mr. 
Cochrane Johnstone's premises at Alsop's Buildings two 
nights ago." He is shewn the plan and prospectus, andhe 
says, " From the trouble that must attend it, a compensa- 
tion of from £. 200 to £. 300. might not be excessive." I 
I have mis*stated it, therefore before ; he does not say, it 
would not be excessive, but it might not be so. 

Then Mrs. M'Guire says, '* I am the wife of M^Guire, 



527 

the otttler. 1 did not kn#w Mr. De Beretigeo when bft 
lived at Chelsea^ I knew Smith his servant. My husband 
Bientioned to me on the 2oth of Febroary^ his having seen 
Mr. De Berenger^ Smith's master ; he mentioned it to me 
at ten at nigbt ; it was the Sunday before Sbtove Tuesday^ 
it was my child's birth-^ay^ and therefore I remember it» 
My husband told me, he had seen him at about a quarter 
past- six; he said> he wondered whether he had got hit 
liberty yet or not ; I •cannot particularly say whether he 
said it was shocking or not ; he said, he wondered whether 
he had got his liberty.'' 

How this should have excited the curiosity of this mali^ 
^ne cannot well conceive ; but one cannot comment upon 
that which one cannot read and believe. 

Then Henry Eteyle Tragear is called; he says, *' I 
was at Mr. Donithome's house in York*street, West*- 
minster, in the month of February last. I was staying 
there ; I went there upon the occasion of my leaving my 
house. No. 39, Little Queen-street, Hoi born, where I had 
carried on the hatting business. I left my house finally 
on the 17th, and went to Donithorne's ; I remain at his 
house still. I had seen Mr. De Berenger frequently 
previous to that, at Mr. Donithorne's house. I particularly 
remember having seen him there on Sunday the 20th of 
February ; 1 saw him twice that day ; I saw him betweeft 
nine and ten in the morning, and again between eight 
and nine in the evening ; 1 saw him at Donithorne's house 
both these times; he might stop about half an hour, 
more or less. I have seen him frequently talking with Mr. 
Donithorne about some tirawings, designs for pieces of 
furniture, and things of that sort. Donithorne is a cabinet 
tnaker. Donithorne has shewn me these things before. 
1 am a hat manufacturer ; I am not entirely out of business 
but I have not a house at the present moment ; I went 
theie to reside till I could get a house to suit myself, tb 
start in business again." According to the wife, it did 



528 

Ii6t ap^tar as if he was likely to go into business agaiiis* 
" My wife, Mrs. Donithorne and Mr. Donithorne were 
there in the evening. When he came^ Mr. Donithorne 
went into the garden with him ; he said he would not 
come into the parloar to disturb the company; I had seen 
him repeatedly before." 

Then upon cross examination, he says, '' I was not struck 
with any alteration in his appearance that night; he 
had no whiskers on that night ; I do not know whether 
he had ever worn whiskers before ; he had a black coat on 
that day; he had his hat on. It was between eight and 
nine when they took a walk in the garden. I cannot say 
whether his hair was powdered; they went out to take a 
survey of the premises in the morning. I have seea 
Mr. Donithorne and Mr. Tahourdin together one day last 
week. I will sweair, that I did not know they were ac- 
quainted together before that time ; I never was sent for 
to become a witness upon this occasion ; I went myself; 
Tahourdin did not send for me; I went to Tahourdin 1 think 
one day last week. I did not know that I was to be a witness 
till last week, or that it was material I should recollect the 
2oth of February. I let my house on the 17th of February to 
Samuel Nicholson; and on the Sunday morning following 
Mr. Donithorne came to my room, and told me a gentle^ 
man was come to look over the house, and if I would get 
up he should be obliged to me. I have seen Smith, the 
servant* He then says, '' I have been bail twice, once for 
fifteen pounds, that I believe is settled ; I have been bail 
again, but I do not quite know whether that has been 
settled, nor the amount. I don't recollect if I. have been 
bail oftener." 

Then M/s.Tragear, the wife of the last witness, is called^ 
she says, *^ I know the defendant De Berenger ; I have 
seen him often. I and my husband went to stay at 
Donithorne's when we gave up our house ; the day we 



529 

gate up oar house was the 17th of February. Mr. Di 
Bereuger called at Donithorne's on Sunday the 2otb^ 
between nine and ten in the morning ; we were not up 
then. Mr. Donithorne was in the cabinet business. He 
came up and said, he was anxious we should get up^ as a 
gentleman was come to look over the house. When T got 
«p, I threw down the sash, and saw Mr. De Berenger ; he 
was measuring the ground in the garden. I am sure it 
was he; I saw him again in the evening between eight 
•and nine; we were in the parloar along with Mr. and Mrs. 
'Donithorne ; asked him to come in ; and he said he would 
not disturb the company ; he wanted to speak with Mr. 
Donithorne ; they walked backwards into the garden^ and 
I saw him no more." 

Then, on cross-examination, she says, ^' my husband is 
deaf at times ; Mrs. Donithorne came to call us ; Mr. De 
Berenger went into the attics; he did not go into our 
room." It is afterwards said by Donithorne, that he went 
two or three times into it. '' I do not remember seeing any 
one in the garden with De Berenger and Donithorne ; one 
of them held the measuring rod sUid the other, took the 
£gures down. There was no snow ; I think it waVa wet 
morning, and the rain had cleared the snow away. My 
husband failed on the 17th of February; he then came 
to Mr. Donithorne's, who is a cousin.** 

Tlien Donithorne is called ; he says, '* I live in York- 
street, Westminster. Mr. and Mrs. Tragear came to live 
at my house, on Thursday the i7lh of February. I had 
known De Berenger a long while ; I am very well ac- 
quainted with his person ; I am a cabinet-maker ; De 
Berenger had furnished me with designs for furniture. I 
remember seeing him on the Sunday morning, after 
Tragear came to my house, which would be the 2pth of 
February, between nine and ten in the morning ; he came 
to look over my ground, as I w^ going to make tome 

LI 



530 

^teraiioD» io my little garden, and also some designa fiir 
cabinet work. I furnished Mr. Cochrane Jobastooe's 
lioase in Cumberland-street^ for Miss Johnstone. I saw 
him again between eight and nine in the evening ; I ki 
him in» and asked him to walk into the parlour where we 
ivere sitting; be said be wonld waJk into the back-parloar ; 
he stayed about a quarter of an hour or twenty minutea ; 
he did not go into the garden. In the morning, we were, 
I dare say^ an hour together in the garden ; he called in 
the evening, to give me an answer when he w«i6 to dj»w a 
plan for me." (This does not appear to be business of SHf- 
ficient consequence io have led this man twice there m the 
course of that day.) '' I was going to convert the front part 
of my house into an inn, and the back part into pleasure* 
{[round ; it was. a misty rainy morning, and very cold." 
. On his cross-examination, he says, ^' he came as the 
friend of Mr. Cochrane Johnstone, to give me plans for 
furniture ; I proposed to him surveying my bouse, with a 
^ view to the improvements I intended to make. I went and 
called Mr. and Mrs. Tragear, and desired them to get up ; 
I have no doubt of it, I went twice/' He is then asked as 
to some writs against persons in the Stock Exchange ; he 
says, '^ I employed the attorney, Mr. Tahourdin, by desire 
of Mr. Cochrane Johnstone, to issue 135 writs ; Mr. Coch* 
rane Johnstone is to pay for them ;" it appears that these 
writs are against persons for stock-jobbing transactions. 
'* Tragear never failed, to my knowledge." 

Gentlemen — ^This is the whole of the evidence, on each 
side. I have made my observations upon it, as it has pro? 
ceeded. You have heard from me already, that thia is a 
case in which both the individuals and the public are deeply 
concerned. It is important that public justice should be 
^indicated by the conviction of the defendants, if they are 
guilty; and that justice should likewise be done to the de- 
feadants, by exeo^pting them from ponishment, if they 



531 

have committed no crime. You will consider upon the 
wbole of the evidencej whether these several parties were 
connected in one common plan, and were using their several 
endeavours and means to I'aise the Funds For corrupt ad- 
vantage, by false contrivances, and the circulation of false 
intelligence — ^if you believe that all of them were concerned 
in it, you will find them all guilty-*if you believe that any 
of them are exempt from a share in this Conspiracy, you 
will acquit them.— You will now considerof your Verdict. 

Mr. Richardson. Your Lordship stated, that there were 
some Counts upon which they ought not to be found 
guilty. 

Lard EUenborough. Yes ; Gentlemen, you will find the 
defendants not guilty upon the first and second Counts of 
the Indictment^ as those allege facts and motives, in which 
they cannot all be supposed to be joined. 

^ Juryman. They are guilty or not guilty of a Con- 
spiracy. 

Lord Ellcnborough. Yes; a Conspiracy, which is a 
crime that cannot be committed by one ; it must be com- 
mitted by more than one. 

The Jury retired at ten minutes after six o^clodc, and 
returned at twenty minutes before nine with thnr Ferdici$ 
jinding all the Defendants— GUILTY. 



Lift 



Court of King's Bencli* 
Tuesday^ 14 June 1814. 



LORD COCHRANE. 

MY Lords^ Scarcely recovered as I am from the shocks 
which I experienced on hearing of the verdict pronounced 
against me at the late trials I must crave jour utmost in- 
dulgence^ not only on that account^ but also because I am 
unacquainted with the proceedings and forms in Courts of 
Law. I feel it essentially necessary, and I trust I shall 
make it evident to the minds of your Lordships, that it is 
essentially necessary to the cause of justice, that there 
should be a revision of the proceedings that have been 
lately had, and that a new trial should take place, at least 
as far as I am concerned and implicated in that trans- 
action. 

It has been my misfortune to suffer from an intimacy, 
or rather an acquaintance, with men, over whose conduct I 
could have no control whatever. I have been informed* 
that it is not competent for my counsel to rise up on the 
present occasion to ask your Lordships to grant me a new 
trial, and therefore it is necessary I should address you 
myself. 

Lord Elleuhorouglu Your Lordship must have been 
misinformed on the subject ; any application you wish to 
address to the Court may be addressed to them by 
counsel, and perhaps with more convenience to yourself. 

Lord Cochrane, I understood there was the case of a 
conspiracy, in which it had been held that a revision of the 
case, and a new trial could not be moved for, unless all the 
defendants appeared in Court. , 



533 

'^ Lord Ellenborotigh. That would be the same, whether 
the application was made by counsel or by yourself. 

Lord Cochrane. It is only for the purpose of preventing 
my counsel from trespassing on the rules of the Courts 
that I have adopted this mode of proceeding, and I trust— « 

Lord Elhnboroygh. I am afraid, my Lord, we cannot 
hear you, unless all the parties are present in Court. That 
is the rule of the Court, and we have acted on it so lately 
as this very morning. 

Lord Cochrane. 1 have to complain, that evidence was 
tiot brought forward on the late trial, which was extremely 
material to shew my innocence. If your Lordships will 
permit me to read the evidence to which I allude — 

Lord Ellenborough. It will answer no beneficial purpose, 
because we cannot advert to what you are now stating, 
unless the other parties convicted are now in Court. 

Lord Cochrane, If your Lordships will grant me per- 
mission to read the statement, you will be better able Iq 
judge of the propriety or impropriety of granting my ap- 
plication. 

Mr. Justice Dampier, By the rules of the Court it 
cannot be ; your Lordship has been informed of the prac- 
tice of the Court, and from that practice, the Court has no 
power to depart. 

Lord EUenborough. The practice of the Court is ex- 
ceedingly beneficial, and must be adhered to by us. 

Lord Cochrane. My Lords, I have now in my hands se- 
veral affidavits that will prove my innocence, if the Court 
will hear them. They are very short. 

Lord EUenborough. We have announced to your 
Lordship the rule of practice, and we are extremely un- 
willing to give you any pain; but we cannot forego the re- 
gular practice of the Court. We could not do it on the 
application of Counsel, and no more can we do it upon 
your application. 

Lis 



534 

Lord Cochrane. I shall be exceedingly brief. The fatt8# 
i^hich I shall prove by these aflSiclaviU, will sufficientlj 
justify me ; and it will redound to the honour of the judges 
of this land^ to suffer me in this instance^ though contrary 
to the practice of the Court, to shew my innocence ; when 
those who are guilty of this transaction, and over whose 
conduct I have no control, dare not appear in the place 
where I now stand. 

Lord Ellenborough. We must abide by the rules of the 
Court. If we give way to the importunity of one, we 
must give way to the importunity of all ; we must admi-r 
Bister the same justice to all, without distinction of 
persons. 

Lord Cochrane. I beg only to state 

Lord ElUnborough. It would be idle to announce 
to your Lordship, that there is such a rule of practice 
as that which I have mentioned, unless we meant to 
abide by it ; the rule is, that no application can be made 
^jr a new trials unless all the persons convicted are here; 
we have acted on that rule this day ; and if we were now 
to adopt a different rule, it might very properly be said^ 
there was one rule for the poor and another for the rich. 

Lord Cochrane, My Lords, I have briefly to state these 
facts, that before the late trial, so conscious was I of my 
innocence, that I did not think it necessary to instruct 
counsel, as several gentlemen in court know. I never read 
over the brief on the subject, till after the trial, when 
I found a very gross error had crept into it, with regard to 
the dress of the stranger who called at my house ; and my 
servant is in consequence represented as having admitted 
that he was dressed in a red coat. The fact was, that being 
questioned as to the colour of the coat, he stated that he 
appeared to be an army officer, to which he very naturally 
attached the idea of a red coat, for the servants did not 
seeit* 



Court of King's Bencb. 

Monday, 20 June 1814. 



Mr. Gumey. I move joar Lordships for the JndgroeDl 
of the Court in the case of the King v. De Berenger^ and 
others. . • 

[The Officer called the Defendants, who appeared, tfjt* 
cepting the Honourable Andrew Cochrane Johnstone, 
and Alexander M'Rae.'] 

Mr. Serjeamt Best. Upon this occasion I appear onlj 
as Counsel for Mr. Butt ; and before I make the motion 
ivhich I feel myself called upon^ under the circumstance* 
of this case to make^ I take the liberty to suggest to your 
Lordships^ that if I should not succeed in my motion in 
arrest of judgment^ there is a fact which was not proved 
at the trials but which it was necessary to prove for the 
purpose of convicting these defendants upon any count of 
the indictment, in which it forms a material averment^ 
namely, that there was war between England, aud the 
Allies of England, and France. 

Lord Ellenborough. I am afraid there are too many 
statutes which speak of war with France, for the Judges 
to allow themselves not to have cognizance of that objec'* 
tion. 

Mr.' Serjeant Best. But there is none, my Lord, which 
refers to any war between England, and the Allies of 
England, and France. Unfortunately it has been only of 
late that we have bad Allies. I make this application on 
the part of Mr. Butt only, and I submit to your Lordships 
upon the counts on which this defendant has been con* 

victed 

* Lord Ellenboroughw You appear now only for Mr. Butt? 

Mr. Serjeant Best. I do^ my Lofd« 



536 

Tjord Elknboyough. I have mode a minute/ that on the 
trial you told me you were Counsel for the second^ third, 
and fourth^ defendants^ Lord CochraBe, Mr. Cochrane 
Johnstone^ and Mr. Butt. 

Mr. Serjeant Best. I am not now Counsel for Lord 
Cochr&ne^ I am moving merely for Mr. Butt. 

Lord ElUnborough. That is a new proceeding, that 
Counsel shall renounce some clients, in order to' serve 
others. 

Mr. Serjeant Best. My Lord, Lord Cochrane has de- 
sired me not to move on his behalf; and I may slate so 
much for him, that he has no intention to move in arrest 
of judgment. My other client, Mr. Cochrane Johnstone, 
is not here. 

Lord Ellenborough. If you move in arrest of judg- 
ment for one, all have the benefit of it. 

Mr. Serjeant Best. My objections are three; first, 
taking the third count as it stands, (and the objections 
apply to every successive count in the indictment) that 
there i» no body of crime alleged, no oiTence known to the 
law, the raising tlie price of the public funds not being 
necessarily a crime; In the second place, that if there be 
any crime, which is alleged, the persons who are to be 
affected by that crime are not particularized ; My third 
objection is, that it is stated, tliat the object of the con 
spiracy was, to raise the price of the public funds of this 
kingdom : this kingdom being now the United Kingdom 
of Great Britain and Ireland, I conceive there is no 
kingdom of England, but that the kingdom of £ngland 
is merged in the United Kingdom of Great Britain and 
Ireland, and I humbly conceive, nothing that is here 
charged has reference to any funds and government-* 
securities, except the funds and government-securities of 
that part of the United Kingdom^ of Great Britain and 
Ireland, called England. . . 



537 

' My Lords, T am aware of the extent to which the deti- 
ftions pronounced on this subject have carried the doctrine,' 
with respect to conspiracy ; but I conceive it will not be 
found there is any adjudged case which goes so far as ta 
reach this transaction^ taking it as an abstract proposition, 
that the conspiracy was, to raise the price of the govern^ 
ment funds of this country. Unless your Lordships can 
pronounce that the raising the price of the government 
funds of this country is a crime of itself, a conspiracy ta 
raise the price of those funds cannot be a crime by itself; 
but in oixler to make it a crime, it is necessary to state 
some particular circumstance which gives it a criminal 
character. — I conceive nobody will be found to argue, that 
the raising the price of the public funds, without some side 
object, must be mischievous to the country, and therefore 
a crime ; so far from that being the case, I conceive the 
higher the prices at which the government funds can be 
kept, except in particular cases, the better for the country, 
because it is upholding the credit of the countiy. 

Mr. Justice Le Blanc. It is stated, that they were to be 
raised on a particular day. 

Lord ElUnborough. By false reports and rumours. 

Mr. Serjeant Best. An intention of doing that on a par- 
ticular day, may be either a meritorious or a criminal 
action; but what I submit to your Lordships, is, that of 
itself, it is neither the one nor the other ; it is therefore 
necessary to put on the record something which shall bring 
the fact within the purview of the law. It is not stated 
upon this record, that the defendants were possessed of 
any funds, that they were desirous of selling those funds, 
and that therefore they meditated a fraud on the particular 
persons to whom they should sell their funds, by raising 
the price; — it is merely stated, that the object was to' 
raise the price of the funds, which I submit to your Lord« 
•hips may be commendable or criminal. 



538 

One can conceive many circumstances in which tbls 
might be stated to be a public mischief^ and some such 
ciJ^camstances were stated by my learned friend^ who very 
ably opened this prosecution upon the trial. If the public 
funds were raised in price on a day on which the commis« 
siopers for reducing the national debt would make pur* 
chasesj that would be an injury to the country^ by the com- 
i^issioners being enabled to purchase a smaller amount of 
stock for the same amount oF money ; but there is no alle* 
gation of the kind upon this indictment, and in no other 
way, do I conceive, could the public be injured. If the 
public had been injured^ it was enough to have stated, thai 
what was done, was done with a view to the injury of the 
public ; but all that I find stated upon the record^ is, that 
the defendants conspired and agreed together to raise the 
price of the public funds upon a given day ; and the pro- 
secutors knew there was no purchase made by the com* 
missioners for reducing the national debt on that day ; 
because, as I understand the fact to be, they never purchase 
on a Monday ; — ^however, all that is material to me is, that 
the transaction is not so charged upon the face of th^ 
indictment. If I am right in this, I am persuaded your 
Lordships will be of opinion, that this is not an indictable 
offence. 

If I am to be told, there is a distinction made between conr 
spiracy and other offences, I submit to your Lordships, no 
distinction which has ever been made goes to a length 
which reaches the present case. I am aware many acts are 
made criminal, being accomplished by conspiracy, which 
accomplished by an individual only, would not be the sub- 
ject of judicial animadversion ; but I can find oo case 
(and I have very carefully looked into all of them) which 
carries the principle on which the doctrine relating to 
conspiracy is founded further than this; that incooepiracy^ 
though the means, may ha lawfoli, yet tike end ouisi ba 
5 



539 

nnlaw^l, either at it is miscbievous to the pobUc of to 
individuals; and I can state no case, in which parties hav^ 
been held guilty of conspiracy^ where the end they have 
bad in view has not been either mischievous to the pablic^ 
or at least to a specified class of individaals. 
. Looking back to the earlier statutes and CBses on tht 
subject of the law regarding conspiracy, your Lordships 
must collect^ that neither the legislature Bor the judges of 
the land had the least idea of embracing such a .traiHUM> 
tion as this^ within their view of conspiracy. The (Jder 
cases^ in which the doctrine upon conspiracy has beei^ 
applied, have been casts described by the statute of 21 si 
Edward I. of persons who have conspired to instigate a 
criminal prosecution against an innocent individual, and o( 
persons who, for the purpose of supporting their unlawful 
enterprises, have kept retainers in the country. In mpdera 
times, the decisions have come nearer to the present case } 
but I think I can satisfy your Lordships, there is nooe that 
reaches it. 

The case in which the doctrine relating to conspiracy 
has travelled on, if I may so^say» embracing a larger com- 
pass of acts^ is that of the King v* Edwards, 8 Modem 
Reports, 320. In that case the doctrine laid down is, that 
a conspiracy to do a lawful act for effecting an uolawfhl 
end, is a crime. If the end be unlawful in this case, un* 
doubtedly the endeavour to accomplish it was a crime, 
Bui I submit to your Lordships, as the act is stated upon 
the Record, the end is not unlawful, and that no case can 
be found which shews, that the end which these parties 
had in view was an unlawful end. Upon the principle of 
the case which I have mentioned, which goes far beyond 
the former cases on this subject, if I am right in stating, 
thdii per se there is nothing criminal in raising the price of 
the public funds, something must be added upon the reconl 
to make that act a ciime. 



H4d 

Anotber case is that of The King v* Starling, i Siderfiir, 
p. 174. It was aQ indictment for a conspiracy to depress 
what was called the gallon-trade^ (that is, the practice of 
selling beer by the gnUon) and thereby to cause the poor 
to mutiny, and to injure the farmers of excise ; that was 
stated as the object of the conspirators. They were 
acquitted of that part of the charge which alleged an 
intention to cause the poor to mutiny ; but found guilty of 
a design to injure the farmers of exdise. The reporter 
says, after many debates it was adjudged, not that a con- 
spiracy to injure the farmers of excise, speaking of them 
generally, was a crime — ^but, that the verdict relates to the 
information, the information relates to the excise, which is 
part of the revenue of the king ; and to impoverish the 
farmers of excise would make them less able to pay the 
king his dues. And so the Court, in giving judgment, say, 
we must look at the record, to see if we can find out that 
what is charged upon the defendants be that which must 
necessarily produce a public mischief; and they say it 
does in this way; that the verdict relates to the informa- 
tion, and the information to the excise, which is part of 
the revenue of the country; and, as to impoverish the 
farmers of excise, would render them less able to pay the 
king his dues, there appears a public mischief on the face 
of the record itself. This I take to be a strong authority 
in my favour ; for if the Court, after many debates as it is 
stated, and having given the subject every possible atten* 
tion, came to the conclusion, that they were obliged to 
look at the record, to see whether the case stated on the 
record was one which necessarily connected the act done 
with some public mischief, we must necessarily infer from 
this, that the Court would have been of opinion, that 
unless that necessary connexion was established by ihe 
statement on the record, the judgment ought to be differ- 
ent If I am not correct in this position^ the Court had 



MI 

BO occasion to look to the verdict and see whether ii 
related to the information^ and to the information^ to see 
whether it had a relation to the revenue : the Court would 
have said^ we must give judgment against the defendants^ 
because.it is stated upon this record^ that the object of the 
defendants was> to impoverish the farmers of excise. It 
IS by tracing back the thing itself^ by shewing that the 
farmers of excise are thus made less able to pay their debta 
to the government, and therefore that the government 
was to be injured^ that the act is constituted an odence. 

There is another case, in Salkeld, 174, The King v^ Best. 
The judgment of the Court in that case is, that several 
persons may lawfully meet and consult to prosecute a 
guilty person ; otherwise, to charge a person who is inno- 
cent, right or wrong, would be indictable. The inference 
is, that upon a charge of conspiracy to do an act which in 
itself is perfectly innocent, which is not indictable, yoa 
must state something upon the face of the record, shewing 
a mischief connected with it, to make it indictable. I 
submit to your Lordships, there is nothing upon the face^ 
of this record, which does shew any mischief connected 
with the act which is made the subject of charge. In con- 
spiracy as in every other offence, the means may be 
lawful ; but in conspiracy, the end must be unlawful. It 
is this which constitutes the only distinction between cases 
of conspiracy and of any other crime ; that although the 
means may be lawful, the end must necessarily be unlawful 
and mischievous. I say, it is impossible for your Lordships 
to collect from any part of this record, that the end sought 
to be obtained by these defendants was unlawful, a^ 
against any Act of Parliament or the positive decision of 
any Court ; or unlawful, as generally mischievous to the 
public. 

It is stated indeed upon thesecounts,that the act wasmis« 
chievous to certain individuals ; and if the individuals ha4 



342 

keen Muhed, tfaaifc vooid have answered ny objectioii. But 
Isttbmit to your Lordships^ w su^pf^ort of the second pvo^ 
position wfaich I stated^ that this offenoe, if it be any, ii 
alleged in too general a way to oonvict any of the de» 
feadaats* It would have been otherwise, if it had ap- 
peared that they were actuated by any malicious motive 
agaiast those mdrviduals, or had any clear intention of be- 
aefitin^ tbemaelvaes at the expense of those individaals; 
aad I may with safety to my client concede tbis^ thoogh-I 
am net driven to it. On the contrary, I beg to stat3e, it dtas 
not appeur on this record, that the defendants could pos- 
sibly gain any thing l^ what they are aocosed of having 
doae ; for it is not slated upon any of the counte, nor is it 
die fact, that they possessed one sixpenny worl& of stock 
from the sale of which they could derive an advantage : 
they were therefore doing mischief without any purpose l» 
answer by it. 

Lord EUenboro^h. Brother JSest, was it possible to state 
that their puvpese was to injure certain individaal persons 
who should purchase stock, when by no possibility conM 
they know who the persons w^re t-hat wooM become 
purohasers i If that could have been stated, can you snggest 
any -name which in any way might have been inserted i . 

Mr. Setjtant Best I submit to your Lordship it might 
have been stated 3 and the evidence in the cause helps me 
to suggest an answer to your Lordship's question. Yoar 
Lordship will remember, that evidence was given of the 
accountant-general of the Court of Chancery having 
made purchases of stock on this day ; it might have been 
stated on the face of this record, that it was knowii the 
accountant-general, of the Court of Chancery wodd pur- 
ehase stodt on the day in question, for be purchases mo^ 
days, and that the offence was committed with a view to 
injure the said accountant-generali or tire persons in 
whose behalf he purchases . 



543 

Lofd EUentwraugh. I do not know, that in the oonrte of 
hiB office he is dijwcted lo pnrdiase on accooot of certoit 
named individuals, on a giv«n day ; if he is not,.even 8# 
the allegation could not be fMnecise. 
. Mr. Serjetmi Best. The stock is purchased, my Lo9d, IMI 
the credit of a particular caose^ the accovotant-general 
being the agent in the transaction for the soilors in tinft 
cause. Therefore the ali^tion might have beeo^ that it 
^ras to injaie the accountant-general, in his character of 
agent for those persons on whose behalf he purehased 
alock on die particular day. And this brings us to fiit 
tine chaiiacter of conspiracy. I submit to yovr Loydshipv 
this act could only be made conspiracy, by abewiag that 
the defendants possessed stock, and by stating on the 
indictment, that possessing stock, they conspired to raise 
the price of the funds on a particular day, and that wheis 
raised^ they sold their stock to certain persons specified. 
Suppose th^ knew of persons who weve going to purcha^ 
on this day, and with a view to make those peisoos pay 
more than they otherwise would, they did that which is 
charged upon this indictment ; that would dearly be an 
tadictable offence. It is not the difficulty of bringing the 
case within the law that famishes an answer to the objec^ 
%wu ; if the law is defective, your Lordship would recom- 
mend it to the Legislature to remedy the defect, by 
making a new law. 

Lord Elknboraugh. Impossibility is some answer iia 
point of law. 

Mr. Serjeant Be$t. Your Lordships may be protecting 
gamblers as infamous as any of these ^fendants; you 
tnay be giving your support to prosecutions inalituted by 
Okoe set of gamblers against another, if this indictment is 
aapported. A fair holder of stock could have no difficulty 
io coming by indrctment, and stating^ I was compeUed by 
•iroumslances to lay out a sum^ of money in the pubKc 



544 

Ynnds on a giv^n day^ the day on which this transactioa 
took place^ and I paid so much per cent, more for what t 
Jbought. If it is necessary to constitute conspiracy, that 
the intent be to injure that person who in the event is in- 
jured^ then it is impossible to support this indictment. I 
put it most strongly i^ainst my clients when I say, they 
meditated a fraud upon all who should purchase stock on 
this day ; but to use the criminal law of this country^ for 
the protection of those who honestly purchase stock, and 
not to support a prosecution brought by one set of 
gamblers against another, your Lordships will require it to 
be stated on the face of the indictment, who they were 
that were injured. 

• Mr. Jusiice Bayley. Suppose the conspiracy had been 
stated in the way it is, but the allegation had gone on ; thai 
by reason of the said conspiracy, A. B. and C. who on that 
day were obliged to purchase stock, were obliged to pay 
a larger sum than they otherwise would have paid i 
' Mr. Serjeant Best. That would have answered my 
pbjection^ and -that is the way in which it should have 
been stated; because then your Lordships would see, yon 
were raising the arm of criminal justice to protect those 
who were the objects of its protection. 
. LordElUnborough. Your argument goes upon this sup- 
position, that the description of persons to be affected by 
a criminal act, may lessen its criminality, which it does 
not. 

Mr. Serjeant Best. But I submit to your Lordship, there 
must be something to be gained on the part of the actors, 
moving them to injure those who are capable of being 
injured by the act which is done. No such thing is stated 
upon any part of the indictment. A conspiracy may be 
complete without any act, but there must be an intention^ 
I say, the intention here, is too generally stated ; strike 
put all but the words, '^ conspired to raise the price of the 



545 

public fands/ and I ask jour Lordships whether it would 
be possible to pronounce any judgment upon it. 

Mr. Justice Dampier. How could the object have b^ett 
stated with more particularily, with reference to a future 
y^vent^lhan that it was to raise the piica of the public funds ? 

Mr. Serjeant Best. I do not state it to be necessary 
^hat any damage should actually follow^ but damage must 
be meditated by the conspirators, either a damage which 
aims at the public at large, or at some individual. It could 
not have been stated, nor is it stated, that any damage wais 
aimed at the pub!ic at large; was any meditated against 
a part of the public f they must be individuals. 

Mr. Justice Dampier. All the public could not be 
named ; and individuals could not be named, because of 
the impossibility of knowing the individuals. 

Mr. Serjeant Beit\ I submit to your Lordship there could 
be no difficulty in that. If the indictment had been pre-* 
ferred before the sist February, your Lordship's obser- 
vation would be unanswerable; but afller that period, 
the prosecutors could have no difficulty in obtaining the 
names of individual purchasers from the books of the Stock 
Exchange. 

Mr. Justice Dampier. The crime was complete before 
the 2 ] St of February. 

Mr. Justice Le Blanc. If the conspiracy was, by false 
rumours to raise the price of the public funds on a certain 
day, with a view to oblige persons who should purchase 
into the funds on that day to pay an increased price, the 
crime would be complete if the funds were raised on that 
day, though do person should purchase a halfpenny- worth 
of stock; in like manner as conspiring to raise the pric« 
of commodities in a maiket, though no person should pur- 
chase, would still be a crime. 

Mr. Serjeant Best. The commodities in a market are arti-^ 
'"cles of necessity, whicbi I apprehend^ makes a distinction* 

M m 



H6 

Lord Elltnborough, Whether it be an article of necci^ 
fity, or ifuDiversal sale, comes to the same thing. Besides^ 
^s to not stating the multitude, one would think we had 
forgotten the number of cases which have been decided oo 
charges which are in their nature multitudinous; as forin-* 
stance in barratry, or the inciting persons to institute and 
maintain suits; in those instances you need not state th« 
individuals injured, 

Mr. ISerjeant Btst. The instances of barratry and of 
common scolds, I believe, are the only exceptions. 

Lord Ellenborougk. By no means ; 1 remember a case 
in which it was held, that where ll>e circumstances cannot 
he conveniently specified upon the record, the necessity 
forms the exception, 

Mr. Serjeant BesU But in all those cases your Lordship 
will find the excuse is stated upon the record ; as ignotum, 
where an unknown person has been murdered. 

Lord Ellenborougk, In this case the nature and reason 
of the thing suggest the excuse, or one must reject one's 
common sense. The nature and reason of the thing form 
an exception, if it could be necessary to state the name of 
an individual, as having suffered from an act of this kind ; 
but it is the tendency of the act, nob the success of it, that 
constitutes the crime. If there had been an apprehension 
of pestilence or commotion, which made it unsafe to rescr( 
to the Stock Exchange on the day on which the fraud waf 
practised, the crime would have been as complete by the 
conspiracy, as it was by the damage sustained by indivi- 
duals who suffered under it, 

Mr. Serjeant Best. In whatever way your Lordships 
dispose of these objections, I shall be satisfied. I am sure 
your Lordships will excuse my mentioning, in a case of this 
sort, The King v. Robe, 2d Strange, p. 999, though it ^s 
pot a case of conspiracy. 

Lord Ellcnhorough. No doubt they ought in that c^ 
to have specified the persons^, they had the means of stating 



Mr 

every one 6f them. The offence did not consist in the 
-combination^ but in doing the very act they combined 
to do. 

Mr. Serjeant Best. Another objection which applies to 
all the counts is^ that it is stated, the intention waate 
produce a great rise in the Government funds of thi$ 
kingdom. It appears clearly on the face of this record 
that the intention was very different ; in fact there are 09 
.general Government funds belonging to the United King^ 
dom of Great Britain and Ireland. 

Mr, Justice Bayky, But there are British and Irish funds? 

Mr. Serjeant Best. Certainly, but that is not the allega- 
tion ; the allegation is, that it was with a view to raise tht 
.funds of this kingdom^ which supposes there are generc^l 
, funds of Great Britain and Ireland; whereas the funds of 
each are entirely distinct, and of that your Lordships will 
take notice, because there are Acts of Parliament which 
speak of the British and Irish funds separately. Therefore 
I submit tq your Lordships, it i$ impossible those defendant^ 
could contemplate tlie qiischief with which the poun( 
concludes. 

Lord Ellenborough. In a large sense, the Irish funds are 
funds of this kingdom, and so are the British ; they are 
each ^ part pf the resources and means of the Unit^cjL 
Kingdom, 

Mr. Serjeant Best. It is ipapossibl^ they should bav^ had 
in view the Irish funds. 

Lord Ellenborough. Why not? I l>e]ieve the Irish fund? 

^re saleable upon the Stock Exchange as well as the 

British. The interest is payable in this cpuntry, and the 

.great money-market is here; and I believe fidl #s much 

is done in the Irish funds here as in Ireland. 

Mr. Serjeant Best. I am unacquainted with the factj 
.still I insist, that those funds coul^ Qpt h^ called the fundf 
^pf this (cingdom i . 

Mm? 



548 

Lord Ellenborough. I think they could not be comctly 
Cftlled otherwise ; they are funds of the kingdom in a large 
sense. 

Mr. Serjeant Best, A very large part of the Irish funds 
were not raised by the United Parliament ; and they hav« 
been kept distinct ever since the Union. 

Lord E/lenborough. They may be distinctly arranged, 
and the application of them may have been in different 
ways ; but still they are a part of one whole^ they are a 
part of the stock and revenues of the United Kingdom. 

Mh.Park, 

My Lords, I am counsel for Mr. De Berenger alone. 
The first two general grounds of objection, my learned 
friend has argued very fully, and 1 shall not trouble 
your Lordships upon them ; but I confess there seems to 
me to be a great deal of weight in the last objection. Your 
Lordship will recollect, the beginning of this indictment 
states His Majesty to be (as the Act of Parliament requires 
he shall be stated) the King of the United Kingdom of 
Great Britain and Ireland. The very first article of Union 
requires, that after a day specified^ the kingdoms of Great 
Britain and Ireland shall be called the United Kingdom of 
Great Britain and Ireland. Throughout this indictment^ 
in all the counts except the last, the offence charged is 
stated to have been committed for the purpose of creating 
a rise in price of the funds of this kingdom. Now yoor 
Lordships perhaps may not be aware, that in the seventh 
article of Union it is expressly provided, that the funds of 
the United Kingdom, forming the separate funds of 
the two kingdoms^ shall continue to be kept distinct. But 
after the indictment has stated His Majesty as King of this 
kingdom, which can only mean of the United Kingdom, 
then what is stated of the funds of this kingdom, can only 
relate lo funds of the United Kingdom ; not in the large 
sense in which your Lprdship considers them^ as forming a 
7 



549 

pwrt of the funds of tfae United Kingdom, but in the same 
tense the general funds of the United Kingdom, as His 
Majesty is stated to be the King of this kingdom; whereas 
by the articles of Union, the funds of the United Kingdom 
are to be considered two distinct funds. 

Mr. Justice Dampier. Then the statement relates to a 
fund, whichy by law, can have no eicistence. 

Mr. Park. That may be, my Lord. 

Mr. Justice Dampier. If it could by possibility relate to 
DO other fund, the objection might be a good one; but 
there is a sense in which it does relate to the funds of the 
United Kingdom, distributively considered. 

Lord Ellenborough. It is a description applicable to a 
;iew state of society, namely, to the aggregate kingdoms 
of Great Britain and Ireland ; and the funds of the King 
doro are the funds of the United Kingdom. 

Mr. Park. I only mention this to draw your Lordship's 
.attention to the statute, in addition to the observations 
which my learned friend has made. Before I sitdowti, 
jour Lordship will give me leave to suggest to the Court, 
upon the motion for a new trial, in addition to what the 
learned Serjeant threw out, an observation founded upon 
the Russian cases, where an Order of Council was stated, 
which your Lordships decided you could not take judicial 
notice of, that there was no proof of the falsehood of the 
rumours by which, they say, the price of the funds was to 
be raised. 

Lord Ellenborough, But there was proof of the fabrica- 
tion of them. 

Mr. Serjeant Pell. On the part of Mr. Holloway, Mr. 
Sandom, and Mr. Lyte, I am not diq>osed to trouble your 
Lordships with any observation^ in arrest of judgment. 

Lord Ellenborough. Does Lord Cochrane wish to 
•address any thing to the Court i 

X^rd Cochrane. My Lord^ I aoi^esiraiv^ pseviottsly to 
JM m 3 



d50 

jTDiDir passing Judgnlent upon this tnatter> that t should 
have an opportunity of explaining those things which I 
deem essential to be brought under your consideration. 
. Lord Elltnborcwgh. If you mean to offer any observat- 
tions in arrest of judgment^ this is the proper time; wc 
mill afterwards hear, as a distinct thing, whatever may 
occur to you as fit to be presented to the Court, U» 
induce them to grant a new trial ; that it probably jour 
cfcjecL 

Ijord Cochrane. I do not move in arrest of judgments 

Lord Ellenbobough, 

I am perfectly clear there is too ground for the 
ta6tidn in arrest of judgment, and that a public 
mischief is stated as being the object of this conspiw 
racy. The conspiracy is, by false rumours to raise the 
price of the public funds and securities J that crime is com*» 
knitted in the act of conspiracy, concert, and combination^ 
to effect the purpose, and the offence would have been comi» 
pleted even if it had not been pursued to its consequences, 
6r from circumstances the conspirators had not been able 
to effect it. And the purpose is in its nature mischievous ; 
it is one which strikes at the value of a vendahle article in 
the market, and if it gives a fictitious value, by means of 
false rumours, it is a fraud on all who may by possibility 
have to do with that article ; it is a fraud on all the publie 
^ho may have to do with the fnnds on the Hay to which 
the conspiracy applies. 

It seems to me quite unnecessary to specify the persons 
who became purchasers of slock, for without the gift of 
J)rophecy how could the defendants know who would be 
•purchasers on a succeeding day ? The impossibility is the 
excuse; besides if it wee possible, the multitude is an 
•^ excuse in point of law. But such a statement is whoHy 

. ' unnecessary, the conspiracy being complete independently 

tef ittf persons becoming purchasers^ 



Mlt» Justice Le Blanc^ 

The motion in arrest of judgment has been mnAe 
l^pon three grounds ; the firsts that it is no crime 
in itself to raise the price of the public funds^ and tliat 
We are to look to the indictment to see what is the 
mischief charged. The charge in the indictment is a 
conspiracy by false rumours to raise the price of the public 
funds on a particular day. I admit that the simple fact of 
taisingor lowering the public funds is no crime. A man 
having a necessary occasion to sell a large sum out of tha 
Itocks^ though it may have the effect of depressing th« 
funds on that day; or to purchased large sum, though be 
ihereby raises the funds^ commits no offence. But if s^ 
number of persons conspire to raise the funds on a parti* 
tcular day by spreading false rumours, that is an offence, and 
the offence consists in raising the funds by false rumours on 
that day, not in the simple act of raising the i'unds. 

The next objection is, that the indictment slates a 
purpose to defraud, without naming the pers^ins who were 
io be defrauded^ From the nature of the case, persons 
could not be named ; the offence was a conspiracy o<i a 
previous day, to raise the price of the funds upon a future 
day. It was therefore uncertain who would be the pur*- 
x^hasers; but the object was, that the price of the finuls 
should be raised to all who should become purchasers on 
that day, and could not be aimed at particular indiviHuaU. 
The offence was general, in the same manner as if a tklse 
tumour were spread previous to a market-day, to raise 
the price of sone commodity which should be brought to 
fiiarket. 

A further objection is, that the indictment refers to the 
funds of this kingdom, and that since the Union, this 
Icingdom can only mean the United Kingdom of Great 
Britain and Ireland. But although particular sums may 
he applied to the particular service of one or the other 

M m 4 



552 

part of the United Kingdom^ yet the publ'c funds of 
either part are funds of the United KJngdod)^ arid go ia 
furtherance of the general service of the United Kingdom^ 
It appears to me there is uo reason whj this judgment 
should be arrested. 

Mb. JrsTicB Bayley, 

If the qnestion admitted of any. deubt^ I should 
be desirous of giving the defendants the advantage of 
that doubt; but it seems to me perfectly ckar^ thai 
there is no foundation for any one of the objectioua 
that have been made. To raise the funds may be 
An innocent thing; but a conspiracy to raise the fund« 
by illegal means, and with an illegal view, is, as it seems 
tome, a crime; a crime which might perhaps affect the 
public in its aggregate capacity ; but which, if it take 
effect, will certainly prejudice a class of His Majesty's 
subjects; and it is not necessary to constitute a crime, 
that it should be prejudicial to the public in its aggregate 
character, or to all of His Majesty's subjects, it is suffi- 
cient if it be prejudicial to a class of His Majesty's sub- 
jects. Here is not only a conspiracy foif an illegal endj^ 
but a conspiracy to effect that end by illegal means; 
because when it is endeavoured to raise the funds by false 
rumours, the means are illegal, ttien is the end illegal. 
The object is to produce a temporary rise in the funds 
without any foundation ; and the necessary consequence 
of that is, all those who purchase on the day, and during 
the period of lime that rise affects the foods, will necessarily 
be prejudiced. 

Another objection is, that the indictment does not slate 
by name the persons whom the defendants intended to 
'defraud ; but it is said, the indictment would have been 
good if it had stated, that by means of this conspiracy 
certain persons, naming them, had been prejudiced. As 
to that, the conspiracy constitutes the crime, and it is saf- 
ficient to state the crime upon the indictment in the way 



553 

U ejcisiAd at the momtnt when the cricoe was coiDplate« U 
might have happened from circumstan^sres coining to light, 
ibut the plot should be detected before the mischief had 
been effected ; yet the offence would not have been less, 
because the parties bad done all in tlieir power, ^d every 
thing that was necessary to constitute the cringe, when 
they had formed the conspiracy^ and used the illegal 
ineans for an illegal purpose, ft depended not on them 
how far their crime would be prejudicial to others ; bii| 
Iheir criminality must depend on their own act^ not upon 
jLhe consequences of that act. 

The other objection is^ that the indictment describes 
ibe funds to be raised as the funds of this kingdom. It is 
i^rue, that since the Union the funds which are raised must 
he raised in certain proporti;ms upon one part of the king* 
fiom and upon the other : but when those funds are 
praised, they bepome respectively the funds of the king« 
dom, they are raised by the Legislature of the kingdom;» 
/and are applied by the Government of the kingdom to such 
purposes as Parliament say they are to be applied to. But 
if you can properly predicate pf them, that they are funds, 
in part only applicable to England, and in part to Ireland, 
j»till it is true that those two funds do cpnstitutje the funds of 
this kingdom; and when it can only be said, that the 
funds of thi^ kingdom are distinguishable into British 
and Irish funds, then when you speak of the funds of this 
kingdom, you mean both the British and Irish funds, 

Mr. JUSTICR DUMPIER, 

The charge upon this indictment is, that the de- 
fendants, by false rumours, conspired to create a tern* 
porary rise in the funds of the kingdom, in order to 
defraud those who should purchase into the funds 
on a particular day. I cannot raise any doubt in my 
.mind, but thai this is, according to any definition of the 
act of coaspiracy, a complete crime of conspiracy. The 
n^eans are wrong, they are false rumours ; the object u 



So4 

<rirong, fo)r it is to give a false value to n coMmoditj iil i 
public market ; and the consequences are injurious to all 
who have to purchase that commodity. This disposes of 
the first objection. 

The second objection is, that the persons defrauded 
ought to have been named. The first answer to that isj the 
crime of conspiracy is complete when the concert to bring 
nbout an object with a mischievous intent is complete ; it 
if not at all necessary for the perfection of the crime that 
its object should be attained. Therefore, the first answer 
is, there need be no person injured. The next answer is, 
the impossibility of the defendants knowing before«hand 
who would be defrauded. It is said, the indictment was 
preferred a&er the mischief had taken effect, therefore the 
persons injured might have been named ; but to require 
feuch a statement we must hold, that the consequential 
damage created by this crime is necessary to constitute the 
crime itself. 

The third objection is, that there are no such funds as the 
funds of thit kUigdom ; that there are no funds raised at the 
common charge of both parts of the United Kingdom. 
But every fund that is raised from cither pert becomes^ 
when it is raised, a fund of the kingdom at large, and is 
strictly a part of the funds and government securities of 
the United Kingdom ; the United Kingdom is answerable 
for them, and for the service of the United Kingdom, 
whether applied to England or» Ireland, it is that they are 
raised. I think the description is better that any other 
which might be framed. Fur these reasons I am of opi 
nion, there is no ground to arrest the judgment, nor any 
doubt to require a rule for a further discussion. 

Lord Ellenborough read the report qf the evidence^ 

Lord Cochrane, 
Your Lordships having listened to those who had 
any thing to offer which they considered material 
for their defence, emboldens me to .trust that your 



S55 

tiOrdships, thotigh I do not address you by Couns<eU wilt 

grant me a similar indulgence, and even that you will ex^ 

lend that indulgence further to me on account of my not 

nppearing by Counsel, for the reasons which I had the 

honour to state to you upon a former occasion. In order 

that those feelings which must agitate me on the present 

i>ccasion, may as little as possible enter into what I have 

now to state, I have judged it proper to reduce it to 

writing ; and in order to give the Court as little trouble as 

possible, to make my statement as short as the circum-^ 

stances of the case appear to me to admit ol^. 

■ It has been my very great misfortune to be apparently 

implicated in the guilt of others with whom I never had 

any connexion, except in transactions, so far as I was 

apprised of them, entirely blameless. I had met Mr. De 

Berenger in public company, but was on no terms of inti« 

nacy with him. With Mr. Cochrane Johnstone I had the 

intercourse natural between such near relatives. Mr. Butt 

had voluntarily offered) without any reward, to carry on 

ftock transactions, in which thousands, as well as myself 

were engaged, in the face of day, without the smallest im^ 

putation of any thing incorrect. The other four defendanrs 

Mrere wholly unknown to me, nor have I evev> directly or 

indirectly, held any communication with them. Of Mr. 

De Berenger's concern in the fraud, I hav« no information^ 

texcept such as arises out of the late trial. With regard ^to 

'Mr. Johnstone and Mr. Butt, I am willing to hope that 

they are guiltless. They repeatedly protested to me their 

innocence. They did not dare to communicate any such 

plan to me, if such was projected by them, or cither 

of them. Be they guilty, then, or be they, one or 

both, erroneously convicted, I have only to lament> that, 

without the most remote suspicion of their prooeed«- 

ings, if they, or either of them, were concerned in the 

Iraud^ I have> through my blameless intercourse wilh 



556 

thenii been labjected io imputations which might, wKh 
equal justice^ have been cast upon any man who now heart 
Bie. Circumstanced as I am, I must keep myself wholly 
unconnected with those whose innocence cannot be so 
clear to me as my own. Well bad it been for me if I had 
made this distinction sooner. 

I do not stand here to commend myself — unhappily, I 
must seek only for exculpation ; but I cannot exist under 
the load of dishonour which even an unjust judgment has 
flung upon me« My life has been too often in jeopardy to 
make me think much about it; but my honour was never 
yet breathed upon ; and I now hold ray existence only in 
the determination to remove an imputation, as groundless^ 
as it is intolerable. 

The evidence which I now lender to your Lordship, will 
aid me in performing this duty towards myself, my rank, 
and my profession. I first offer the affidavit, which I have 
repeated at a risk which I formerly had no opportunity of 
encountering. I have been told, that I then incurred the 
moral guilt of perjury, without exposing myself to the legal 
penalties. I know nothing of such distinctions. I have 
repeated the statement upon oath — and I am now answer- 
able to the laws if I have falsely sworn. The affidavits of 
three persons who saw De Berenger at my. house on the 
9 1st of Febroaryj fully confirm my statement, and I have 
only been prevented from bringing forward a fourth, by 
his sailing to a distant situation, before I could possibly 
stop him for this purpose. 

The grounds upon which I have been convicted are these : 
«^That notes were found in DeBerenger's possession which 
had been changed for others, that had once been in mine. 
That De Berenger came to my bouse after returning frooi 
bis expedition; and that my account of what passed mk 
this visit is contradicted by evidence. 
The first ground has been clearly explained away ; il 



557 

amovntf to fiothing more than that which may happen t# 
any man who has monej transactioDs. Mr. Butt voluata^ 
rily made purchases and sales of stock for me^ aad having 
received a small loao of money from him, I repaid him 
with bank notes which he used for his own purposes. He 
says that he exchanged these dotes^ and that a pari of the 
notes which he received in exchange he paid to Mr. Coch* 
rane Johnstone, who states, that he gave them to Bereoger 
in payment of some drawings; but with this story, wlietheir 
true or false, I have no manner of coooern, and coase^ 
quently no wish to discuss it. In what way soever thf 
notes which were received in exchange for mine reache4 
De Berenger^ I can only say, that mine were given to Mr,. 
Butt in discharge of a hon&fide debt; and I have no knovvy 
ledge whatever of the uses to which be applied them. 

De Berenger's coming to ray house, I before accounted 
for upon the suppoiition of his being unconcerned in the 
fraud; but is it not obvious that he might have come there 
to facilitate his escape, by going immediately on board ot 
my ship^ with the additional prospect of obtaining em* 
ployaient in America ? It has been said that there was 
a suspicious degree of familiarity in bis treatment of me 
and my house. I can only observe, that over hif cQadu<^ 
1 had no controul. But be knew, it seems, oS my change 
of abode, which had occurred within a few days^ I trost 
it will be recollected, that he is proved to have left town 
three days after such change, and that though not intimate 
'with me, he had the means of knowing where I resided, 
even if he should not have enquired at my former lodgings, 
where my address was left. Indeed, if taking refuge in 
my ship, in order to facilitate his escape, was part of his 
scheme, it was tery likely that he would have ascertained 
the precise place of my abode, previous to his quitting 
Ix>ndon. Again, I am said to have left the tinman *s 
(where I think I should hardly have gone had I expected 



Hucli a messenger) as soon as I heard of the officer's arriv«t« 
1 was io apprehensions of fatal news respecting my brother 
then in France, from whom I had received a letter but 
three days before^ with the intelligence of his being dan* 
gerously ill; and I now tender you his aflSdavit^ with the 
burgeon's certificate^ dated the i2th of February « which he 
brought home with him. And therefore,on receiving the note 
from De Berenger, whose name I was unable to decypher, 
and as that note announced that the writer, whom I learnt 
from my servant had the appearance of an officer in iher 
army, who was desirous of seeing me, I hastened to learn 
intelligence so anxiously expected; nor had I the least 
doubt that it related (o my brother. When, however, 
I found that the person was De Berenger, and that he had 
only to speak of his own private affairs, the apparent 
distress he was in, and the relief it gave my mind to know 
that he was not the bearer of the news I dreaded, prevented 
me from feeling that displeasure which I might otherwise 
have felt at the liberty he had taken or the interruption it 
had occasioned. Comments have been made on ray saying 
so little to the servant who brought that note; but the fact 
is, I did ask him several questions, as appears by his affi«* 
davit. That I did not learn the name of the writer from 
the note itself, I have truly accounted for, by its being 
written so close to the bottom of the paper that I could 
not read it. This assertion is said to be contadicted by the 
circumstance of the writer having found room to add a 
postscript, as if there was only one side to the paper. Of 
the postcript I have no recollection, but it might have 
been written even opposite the signature. That I did not 
'collect from the hand-writing, that it was addressed to me 
by De Berenger, is nothing extraordinary; my acquaint- 
ance with that person was extremely slight; and till that 
' day I had never received more than one or two notes from 
^bim, which relate^.to a drawing of a hunp« I was toQ 



559 

fliseply impressed with the idea that the note was addreifse^ 
to me by an officer who had come with intelligence of my 
brother, to apprehend that it was written by De Berenger, 
from whom I expected no communication, and with wbo9Q 
band-writing I was not familiar. All that I could after^ 
wards recollect of the note, more than what is stated in my 
affidavit is, that he had something to communicate which 
would affect my feeling mind, or words to that effect, 
which confirmed my apprehensions that the writer was the 
messenger of fatal news of my brother. 

If De Berenger had really been my agent in this nefarious 
transaction, how I should have acted or where I shoul4 
have chosen to receive him, it is impossible for me to say ; 
but I humbly* apprehend that my own house was not th^ 
place I should have selected fpr that purpose. The pre* 
tended Du Bourg, if I bad chosen hinoi for my instrument^ 
instead of his making me his convenience, should hav^ 
terminated his expedition and have found a change of 
dress elsewhere. He should not have come immediately 
and in open day to my house. I should not so rashly 
have invited detection and its concomitant ruin. 

Bat this is not the only extravagance of which I am 
liccused. What supposition short of ray absolute insanity 
will account for my having voluntz^rily made the affidavit 
which has been so much canvassed, if I really knew th^ 
plot in which De Berenger appears to have been engaged,^ 
Let me entreat your Lordships consideration of the situar 
Uon in which I stood at the moment in which that affidavit 
was made ; I was suspected of being connected with the 
pretended Du Bourg; if I had known that De Berenger wa3 
the person who had assumed that name, could I possibly 
have betrayed him, and consequently myself, more com* 
pletely than by publishing such a detail to the world? The 
name of De Berenger was never mentioned till brought for- 
>yar4 la my affidavit j yfhldi fiffidavit was made, as swoip 



560 

lijr Mr. Wright, ft witness on the triaf; with the cirecni'ir 
stance present to me, anjd reoiarked by me at the time I 
delivered it to him to be printed, that if De Berenger 
should happen to be Du Bourg, I bad furnished a clue to 
bis detect ion k The circumstance of his obtaining a change 
of dress at my house, never could have been known if I 
had not voluntarily discovered it $ and thus I am repre-* 
sented as having brought him poblicly to my own house^ 
of being the first to disclose his name, and of mentioning 
a circumstance, whicfa, of all others, it was the most easy 
to conceal^ and, if divulged, the most certain to excite 
suspicion ! Is it not ttext to impossible, that a man, con- 
scious of gnih, should have been so careless of fais most 
imminent dangerf 

My adversaries dwell upon some particalars of ^ this 
affidavit, which they pretend to find contradicted in the 
evidence. The principle one is my assertion that Berenger 
wore a green coat. I have repeated this assertion npoa 
oath, under all the risks of the law ; and I also solemnly 
affirm, upon my honour, which I regard as an obligation 
no less sacred, that I only saw him in that dress. The 
witnesses on the part of the prosecution have asserted, that 
he wore a red coat when he arrived in town. Granted. 
But may he not have changed it in the coach, on his way 
to Green-street ? Where was the difficulty, and forwbiit 
purpose was the portmanteau ? My own fixed opinion is, 
that he changed his dress in the coach, because I believe 
that he dared not run the risk of appearing in my presencie 
till he had so changed it. T tender affidavits of those who 
saw him, as I did, in his green coat, at my house. That be 
should have changed his dress before I saw him is most 
natural, upon the supposition of his wishing to conceal 
from me the work he had been about ; bat it is like many 
other confirmations of my innocence, fated to excite no 
attention in the minds of those who only seek food fito 



561 

iheir mspicioDS. M'uch is said of ihe star and othei' 
omameDts, as if any proof had been given of his wearing 
them in my presence. He took especial^ care, I doubt not^ 
to lay them aside on his way, when he had divested himself 
of his official capacity, long before I saw him. The small 
portmantean before*mentioned, which it is admitted he 
brought with him, in all probability furnished him with 
the green coat, and received the red coat and its or- 
naments, and very possibly for this reason no remark has 
been made opon it. A good deal of observation has been 
bestowed upon De Berenger's unwillingness to api^ear 
before Lord Yarmouth in uniform^ and the inference was, 
that this uniform could not have been the green dress of 
bis corps, otherwise he must tiave felt the reverse of 
uneasy at being seen in it by his Colonel. Does any vo- 
lunteer officer go out of a morning to make calls in his 
regimentals ? Could so unusual a circumstance have failed 
to excite remark from Lord Yarmouth ? To me, indeed, be 
had explained himself-^he had of necessity told me bis 
nearly desperate state, in asking me to receive him on' 
board my ship; but is there any thing so \ery incredible 
in the statement that he was unwilling to tell his whole case' 
to every body ? It may now doubtless be perceived, that 
he jnigbt have had other reasons for disliking to go out in 
a green dress. 

Let it, however, be recollected, that my statement was, 
that he only asked me for a hat in lieu of his military cap, 
and that the black coat was my own voluntary offer. The 
idea of his applying to Lord Yarmouth, or to any other of 
his friends, originated with me, and [ proposed it in con- 
sequence of bis calling to my recollection the certificates he 
had received from them. I then bad no suspicion awake, 
and I believed what he told me. In what manner the 
disguise was ultimately disposed of I can only conjecture, 
as any one else might, from the evidence given on the 

N n 



562 

ffiaL H« preieQlecl himielf to me in a grey great coal^ 
and a green under coat ; and if the persons whose affiiiaTitt 
I now tender bad been examined on the trials and they did 
attend for that pnrpote, I do feel persuaded that a very 
diifereat impression would have been made on the jury and 
the world at large, than that which they appear to enter* 
tain ; and that your Lordships might have been disposed to 
take an opposite view of the case as it affected me. Those 
witnesses would have corroborated the particnlacs of ny 
affidavit reUtive to De Bereoger's dressj when I first saw 
him at my hottse, namely, a grey great coat, and a green 
under coat and jacket. Unfortunately, through some mis- 
take or misconception, not on my part, they were leffc 
unnoticed, and, of course, were not examined. I have 
now to ojfer their several affidavits to your Lordabips, 

I wouU further submit to your Lordships^ that my affi- 
davit was made at the impjube of the moment, as soon aa I 
heard that placards had bten posted, stating that the pre- 
tended colonel Dn Bourg had gone to my house ; and i» 
the conscious rectitude of my own conduct, I not only 
introduced the name of the only officer 1 saw at my house 
on the day stated, but narrated every occurrence that look 
place, and all the conversation that took place at the inter- 
view, to the best of my recollectbn. If I am censored for 
having been too ingenuous in my communication, I traat* 
it wiU be admitted, that as ingemiousness disclaima all 
connexion with guilt, it is indicative only of my innocsenoe. 

If your Lordships will be pleased to reflect on all that I 
have offered respecting De Berenger^ and to bear in mind 
the avowed intercourse which I had with two other de* 
fendants, respecting whose conduct I have been compelled 
to speak at lost upon a supposition of their guilt, I am 
confident you will perceive how easily any man living so 
circumstanced might have been placed in the very aitua* 
tion. But waiving the supiK>sition of De Berenger acting 



563 

under the direction of either oF the other defendants, I do 
still contend, that any man who had stock concerni^ and 
was sKghtty known to De Berenger, ran the same risk with 
mcy of being driven into the rain, which undeservedly, as £ 
•m still willing to hope, has befallen the others. 

The artifices which have been used to excite so much 
prejudice against me, I unfeignedly despise, in spite of the 
injury they have done me. I know it must subside, and I 
look forward to justice being rendered my character sooner 
or liter : It will come most speedily, as well as most grate^ 
ftilly, if i shall receive it at your Lordship's hands. I am 
not unused to injury; of late I have known persecution: 
the indignity of compassion I am not yet able to bear. To 
escape what is vulgarly called punishment, would have been 
an easy thing ; but 1 must have belied my feelings by 
acting as if I were couscious of dishonour. There are ways, 
«veQ of removing beyond the reach of ignominy, but I 
cannot feel disgraced while I know that I am guiltless. 
Under the influence of this sentiment, I persist in the 
defence of my character. I have often been in situations 
where I had an opportunity of showing it. This is the first 
time, thank God, that I was ever called upon to defend it i 

The foUowing AffidaviU, handed in by Lord Cochrane, 
weie read. 

^' In the King's Bench. 

^TheHking against Charles Random De Berenger, & others* 
^' Sir Thomas Cochrane, commonly called Lord Cochrane, 
one of the above named defendants, maketh oath and saith. 
That the several facts and circumstances stated in his 
affidavit, sworn on the eleventh day of March last, before 
Mr. Graham, the Magistrate, are true ; and this deponent 
further saith, that in addition, to the several facts and cir* 
cumstances stated in his said affidavit, he deposeth as 
follows, (tliat is to say) ; That he had not directly nor 

N n a ^ 



564 

indirectly any concern whatever in the formation^ or any 
knowledge of the existence of an intention to form the 
plot charged in the indictment, or any other scheme or 
design for affecting the public funds. That the sale of 
the pretended omnium on the twenty-6rst day of February, 
was made in pursuance of orders given to his broker at the 
time of the purchase thereof, on or about the fourteenth of 
that month, to sell the same whenever a profit of one per 
cent, could be realized ; and that those directions were 
given^ and the sale thereof took place without any know* 
ledge, information, hint or surmise on the part of this de- 
ponent, of any concern or attempt whatever to alter the 
price of the funds ; and the said sale on the twenty-first 
took place entirely without this deponent's knowledge. 
That when this deponent returned home from Mr. King's 
manufactory, on the twenty-first of February, wiiicb he 
did directly after the receipt of a npte, he fully expected 
to have met an officer from abroad, with intelligence of his 
brother, who had by letter to tliis deponentieceived on the 
Friday before, communicated his being confined to his bed, . 
and severely afBicted by a dangerous illness^ and about 
whom this deponent was extremely anxious; but this 
deponent found Captain De Berenger at his house, in a 
grey great coat, and a green jacket. That this deponent 
never saw the defendants, Ralph Sandom, Alexander 
M'llae, John Peter Holloway, and Henry Ly te, or any or 
either of them, nor* ever had any communication or cor- 
respondence with them, or any or either of them, directly 
or indirectly; that this deponent, in pursuance of direc- . 
tions from the Admiralty, proceeded to Chatham to join 
his Majesty's ship **TheTonnarit," to which he bad been 
appointed on the eighth day of February last ; that the 
ship was then lying at Chatham ; that previous to the 
eighth day of February, this deponent applied to the Ad- 
niralty for leave of absence, which was refused until this 



565 

deponent had joined the said ship, and had removed her 
^own to Long Keach ; tliat this deponent in pursuance of 
those directions removed the said ship from Chatham to 
Long Reach ; and after that was done, viz. on Saturday 
the twelfth day of the said month, this deponent wrote to 
the Admiralty, to apply for leave of absence for a fort- 
night, for the purpose of lodging a specification for a 
patent, as had heen previously communicated by this de- 
ponent to their rx)rd5hips ; that leave of absence was ac- 
cordingly granted for fourteen days, commencing on the 
fourteenth of the said month ; that this deponent was en- 
gaged in liondon respecting the said specification, till the 
fwenty-eighlh of the said month, when the said specifi- 
cation was completed ; and this deponent left town about 
one o'clock on the morning of the first day of March, 
arid arrived at Chatham about day-light on the same 
morning; that on the eighth or ninth of the same month 
of March, this deponent received an intimation, that 
placards were affixed in several of the streets, stating that 
a pretended Colonel Du Bourg had gone to this depo- 
nent's house in Green-street ; that he was on board the 
said ship at Long Reach, and in consequence went to 
Admiral Surra2:e, the Port Admiral at Chatham, to obtain 
leave of absence, which was granted previous to the re-, 
ceipt of the leave forwarded by the Lords Commissionera 
of the Admiralty ; this deponent arrived in London on i\xe 
tenth of that month, to the best of his belief; and that 
after his arrival, he himself, conscious of his own innocence^ 
and fearing no consequences from a developement of every 
part of his own conduct, and desiring only to rescue his 
character from erroneous impressions made by misrepre^ 
mentations in the public prints, he without any communi- 
cation whatsoever with any other person, and without 
any assistance, on the impulse of the moment prepared 
the before-mentioned affidavit, which he swore before 

N n 3, 



- i 



566 

Mr4 Graham^ the magistrate^ on the eleveoth ; that 4t the 
time he swore such affidavit, he Kad not seen or heard ihe^ 
contents of the report published by the Committer of the. 
Stock Exchange^ except partial extracts in the news* 
papers ; that when this deponent understood that a pro9e». 
culion was to be instituted against him> b^. wrote, to^ 
Admiral Fleming, in whose service Isaac Dayis^ tbrmerly 
ibis deponent's servant, then was^ under cov^r to Admiral 
Bickerton^ at Portemoutb> and. that Admiral Qickerton re- 
turned the letter, saying, that Admiral Fleminjo; had sailed 
for Gibraltar ; that this deponent sent his servanta^Thomaa 
Dewman, Elizabeth Bu^k, and Mary Turpio^ on the triai, 
of this indictment, to prove that an officier came to this de- 
ponent's house on the morning of the said, twenty-first of 
February^ and to prove the dress that he came in, but ibali 
that the said Thomas Bewman only was called ; and as 
this deponent has been informed, be was not interro^ted 
as to the dress in which the said officer came to hit bouse ;, 
and this deponent further saith, that bad the said witnesses 
been examined, according to the directions of this de-^ 
ponent, and who were in attendance on the C^urt fbr that^ 
express purpose, they would, as he verily believes^ have 
removed every unl'avourable conclusion respecting thia 
deponent's conduct,drawn from the supposed dress in which 
the said De Berenger appeared before this deponent on the, 
twenty-first of February, and on which circumstance 
much stress was laid in the charge to the Jury, the said 
t)e Berenger's dress being exactly as stated in this depo- 
nent's former affidavit hereinbefore-mentioned ; and thi» 
deponent solemnly and positively denie^j that he ever saw 
the said De Berenger in ^ scarlet uniform, decorated by 
medals, or other insignia, and he had not the least suspi- 
cion of tlie said De Berenger being engaged in any plot 
respecting the funds, but merely believed he wished^ for 
the reasons stated in this deponent's former affidavit^ to ga 



567 

oa board this (kpoaentV ship, widi a view to f^buio same 
military appoiotanent ia America ; aod this depooeot de* 
dined complying with bis request to send bim on board 
bis sbip^ without permission or an order from tbe Lords of 
the Admiralty ; and this depoueat further sahb, that be 
was in do degree intimate with the said De Bereoger ; that 
be had no personal knowledge of his private or publio 
character ; that he never asked the sud De Bereoger to 
bis bou^, nor did. he ever breakfast or dime with this 
deponent therein on any occasion whatsoever; and further^ 
this deponent saith, that he bath been informed, and 
verily believes^ that the Jury who tried tbe said kidicti 
ment) amd the Counsel for the defence^ were so completely 
exhausted and worn out by extreme fatigue, owing to the 
Court having continued the trial without intermission fot 
asany hours beyond that time which nature h capable of 
sustaining herself without reflection and repose^ that jnstiot 
OOuM not be done to this deponent. 

Sworn in Court the Coehrant/^ 

14t1x JuneiSM* 

^' In tbe King's Bench. 
«* The King against Charles Random De Berenger, & others. 
' '^ Thomas Dewman, sen-ant to Lord Cochrane, maketh 
Oath and saith, 

LordElUnbwrough. This was a person called aa awitnesi 
on the trial ; if the afiidavit goes beyond what he thea 
stated, or in contradiction to what he stated^ it cannot be 
received. 

Lord Cockraru: Would your Lordship permit me tOt 
eJi;)lain the reason why he was not interrogated I 

Mr. JuUice Baj^k^. It is a settled rule, not to allow tbe^ 
affidavilsof persons who might have been called i^k>ii, tfa^ 
VEJijaJi/ mitfvU less of ^isons who were called^. 

${n4 



m 

ij>fd Bikniorough. And if any were ttot) fcalled, they 
\iFere not called under the discretion of your Lordsbip. 
it would be a very dangerdos things if persons- whose 
evidence nf)ay have been discreetly kept back, should 
afterwards be admitted to come forward as witnesses. 
f Mr. Dealtry. The next is the affidavit of Sarah Busk. 
. Lord Cochrane. My humble hope is « that you will be 
pleased to grant a new trial> in order that these persons 
tnay have the opportunity of being examined : tbeywere 
not called from an- error in the brief) which (so little waa 
I conscious of any participation in the fraud) I had no^ 
even read. 

Mr. Gurney. My Lord, the Counsel for thedefcDdant 
were not uninstructed, as to the evidence which these 
persons could give; because, annexed to the affidaTit 
which your Lordship has stated, of Lord Cochrane, wer^ 
the affidHvics of all the servants, of the one who is not now 
in Etigiand, as wrll as of the three who are in England. 
Tlrey are . all printed together in Mr. Bqtfs pamphlet, 
which was product d at the trial. Therefore the Ci^unsel 
for the defendant \v<»re informed of every circumstance, 
and they miglit^ if they had thought it would serve their 
client, have called all those persons as witnesses. 

Mr, Justice Le Blanc. Theie is no rule better established, 
than that after trial we cannot receive the affidavits of 
persons who were called, or uho might have been called as 
witnesses. Whatever might be the reason for keeping 
back their testimony, that the Court cannot hear. 

[The following Affidavit teas read.'] 

" In the King's Bench. 

"The King. against Charles Random De Bereoger & others* 

*' The Honourable William Er^fcine Cochrane, Major ia 
tJ>e fifteenth regiment ofdragoon«,now residing in Portman- 
square in the coanty of Middlesex, on his oath saitb,Tliat 
be was seized with a violent a^d alarming illness on UiQ 



569 

first of January one thousand eight hundred and fburteea^ 
a^ Cambo in the south of France; and that this deponent 
temained in a stale of dangerous illness until the. 
eighteenth of the following month. That early in February- 
last he wrote to his brother Lord Cochrane, to acquaint his. 
Lordship with this deponent's siruation, ns deponent had 
then very little hope of recovery, and telling him that he 
liad received a notification that he would be ordered to 
England, where he should proceed, if ever able to undertake 
the journey. And this deponent further saith, that the 
annexed certificate was given to him for tbe purpose of 
being laid officially before a board of medical officers at 
Saint Jean de Luz, by the surgeon of ibis deponent's regi* 
tnent^ and is in the said surgepn's band-writing. 

Sworn in Court, 
this 14th day of June 1814. fV.E. Cochrane/*' 

By the Court. 

V S.tateijDeut of Mjajor the Honourable William Cochrane** 
Complaint. Mpnday, Februa^-y 12, 181.4. 

. *f Was seized with the usual symptoms of fever. 00 the 
1st of Januajry, which was contiuued for the fixst three 
days ; thea the remittent character developed itsel£ The 
eveaiog paroxism was severe e.very day, and he was all 
through much worse on the tliird day than on the two 
preceding days. .The treatment consisted in keeping tlie 
bowels perfectly free and the skin moist, and this was gene- 
rally obtained by calomel and antimonial powder coni- 
Uned, in the proportion of two grains, and three every 
third hour, and an occasional purge of neutral salts. Whea 
the bowels were well emptied, I frequently gave saline 
draughts, which kept the skin moist and favourable for tlie 
exhibition of bark, the use of which was commenced the 
i6lh day. On the 23d he had a crisis, and went on very 
veil till the 1st of February, when he suffered a relapse, at- 
tended with rather alarqaing symptoms. There was great 



mo 

determiBfttion to- the bead, the eyes were suffusod, great 
drowsinessi and a tendency to ooomb ; however* these syiiip« 
toma gave way in six hours^ in which time be was actively 
purged^ the skin was made moistj and a profuse perspira-* 
Vion kept up for twelve hours, which left him perfectly 
Vanquil and free from fever. Fi:om this term I conlinued 
to give him small doses of caloo^el^ till hi3 mouth was very 
Rightly affected. He continued free from fever from the 
morning of the 2d till the 7th ; his appetite good, his 
strength increasing^ and e\€iy sign of health. On that 
moving he hud a second relapse, but by no .mean^ so vior 
lent, though more embarrassing ; he has not been- well suice^ 
and baa suffered very much indeed. The treatment latterly 
has been attention to the state of his bowels and diet* . Hf^ 
bas not taken back si^ce his first irelapse. I hppe the 
change of air and obj^ects will serve him. 

Tho. Cariariy 
Surgeon, 15th Hussars*"* 

lA)fd Elltnbarough, Thia affidavit is not even material 
to shew, that Lord Cochrane was m possession of hia 
brother's letter previous to the morning of the 21st of 
February, so as to acconnt for a connexion ezi^ttog 'm kja 
mind between the note be on that morning received, and 
the state of his brother's health, which shootd induce Hm 
immediately on the receipt of it, to return hom^f 

Jjord Cochrane. I was not present at the trial, or ibom 
witnesses would have been examined. 

Jjord ElUnborough. But those witnessea would not havm 
gone to this point, and your mind must have been drawn 
to it at the time you made your affidavit, when yon came 
to mention your brother's illness? 

Lord Cochraue. My brother's affidavit states, that he 
wrote to me early in the month, and I received his l^t^ 
QD the Friday previous to the fraud. 

Lord Eiieniorough. That was eapaUf of beioa nifN^ 
distinctly vfrified.. 



571 

i^. Jmiu;e JPi^iyby. Tbc origind l^r 19' not aniiM^ 
to the affidavit i 

Lord Coeh/rone. It is, not; \ had no idea of brioging; 
the; letter of my brother befoin^ a coonH>f ju8ti<pe* 

[Thefotlovfing Jffidavit was read.1 

'' Id tike King's BeMb. 
^' T^e Kingii^atit^ Charles R^oml>eBereiiger>fcotber8< 

** Charles Random De Berenger, the above-named de- 
fen^anty (having be^n found goilty qf certain, counts, but 
^quitf^ of tb^ two first contained in this, indictment,) 
piA:eth oath and ^ith. That be, tbb deponent, has zea- 
IfiQsiy and loyullj swerved Hisi Majesty and \)i\m country as 
% volunteer, daring a peri<>d of sixteen yearsj without ever 
i[«ceiying pay, r^nAuneratipp, or reward of any kind,, 
fithottgh by a most punctual and uninterrupted discharge 
9f hill various duties, his pecuniary interests and views 
w^re consequently greatly injured, bnt more especially 
during the tim^ he acted as Adjutant, being for a period of 
near seven years, when his time was daily occupied more 
4fi less by the dutiea of that situation; and instead of 
^vi[ing permanent pay, as is the usual custom of volunteer 
a4|utants, be even pi^t himself to considerable annual ex-* 
pences, to. further the views of that service. And this 
deponent further spiith. That the testimonials now pro^ 
4QCed in Court, as proofs of his energetic and loyal ser* 
vices, are of the proper hand-writing of the parties whose 
aames are tbereuntp respectively subscribed. And this 
deponent further saith. That he has lost his paternal for- 
Ijune, exceeding the watt of thirty-three thousand pounds, 
solely owing to his father's loyal adherence to the crown 
of Great Britain, during the Americah revolution ; and 
that no indemnity of any kind has ever been given for such 
loss, either to his late father or to himself. That perfectly 
unprejudiced by such hard fate, this deponent constantly^ 



572 

tnd without fee, or even condrtTonfox reward, has since, 
not on)y tendered his loyal assistance to this coanfr; to 
\be utmost of his power, and in a variety of ways, bat has 
actually given several important suggestions and camimH 
nications, which although made use of hy the offices of 
Government, stilt continue unrewarded. And this deponent 
further saith, that he lately lost a considerable fortune 
from the failure of an expensive and spirited endeavour, 
on his part, having the formation of a national fund for 
the succour of artists^ and the relief of their widows and 
orphans, for its object, whereby be was ruined a seeoMi 
time, and. deprived, in cpnscquence, of his liberty : that 
akhougU distressed himself, and having numerous debts on 
his books due to him from £ngVulim|Bn unable to pay, he 
^as alsvays been merciful to them. And this deponent fur- 
ther saith, That he has already, suflered a paiitful imprison- 
ment, ever since the eighth of April last, by which bis 
means of defence were not only decidedly impeded, but 
l^is strength and health most materially injured ; that in 
this particular, as also in the mode of seizing his papers 
and property, he has suffered considerable hardships, wfaile 
bis slender pecuniary resources, from the aforesaid causes, 
and by the heavy expences of his coniinemeot and trials 
are totally destroyed ; and. that on these accounts his sofn 
£erings have been greater than those of any of the other 
defendants. And this deponent also, saith, that any fup- 
tber degradation mufit ruin his pros[>ects in life for ever# 
and bring anguish and despair upon him, who has already^ 
suffered so severely from his attachment to this country ; 
and he respectfully hopes, that his severe losses and ruined 
circumstances, his general exemplary conduct, his unin- 
terrupted loyalty, and bis many unrequited servic^es, wilV 
bave due weight with this honourable Court, in mitigation 
of punishment ; he also relies that considerations addition- 
ally stimulating to forgiveness, will animate his judgfs^ 



573 

when it is statecl, that deponent lo this nauoaven^ has re-r 
ceived no recompence whatever^ for hi& many patriotic 
exections and ruinous sacriiices; and above all^ that iii 
consequence of his not having succeeded in obtaining a 
respite of the judgment for a short iitaQ, he has been pre- 
vented fromexpericncing the benefit of important ufiidavits^ 
which he anxiously expected from other persons. 

Charlts R(indom De BerengerJ' 

Mr. Topping. I was of Counsel with Mr. Serjeant Best 
•o the trial.; I am uoX furnished with any afhdavit on tiie 
part of Mr. Butt. 

Mr. Bjutt. I came into Court, my Lord, expecting the 
privilege of asking tor a new trial, upon certain facts which 
I have put down in my pocLet-book. 
. Lord Ellenborough. You are not in time to move for a 
new triaL 

Mr. BuU. I know I am not, my Lord ; I was merely 
going to explain 

Mr. Juitict Le Blanc. If you appear by Counsel, your 
Counsel had better state what you have to suggest. 

Mr. Topping. I have no instructions oa the subject. 

Mr. Butt. I hope you will forgive my importunity iji 
begging for a few moments to address you, having never 
been before in a court of justice, either as plaintiff or 
defendant; that I trust will plead my apology. If you 
will hear me, I shall be much obliged to you. 
. My Lords; I have been tried for conspiring with other 
persons, to raise the price of the public Government funds, 
and also for promoting assistance to those measures, by the 
changing of notes, and various other circumstances. I beg 
to assure your Lordships, that 1 do not address you on the 
idea or wish of a miiigation of any punishment you may 
think proper to inflict upon me ; it is merely to express to 
you, that my sole wish and desire is to claim the indulgence 



57i 

oj^ tfie darttt, in permitting^ me to hsT^ a new fti^ distinct 
trial, tliat I may clear my character from tte doud with 
tviitch it is now depressed, and which had prerbiudy been 
without a blemish; as I am confident, if my case was 
separated from other persons in the indictment, it would be 
the means of my acquittal. It was my intention to have 
appeared in Court some days since, to have made the sam^ 
request which I now do of your Lordships, had it not been 
for my Ck)unsei informing me, that I should have been 
committed directly I entered the Court; and chat the 
defendants should aU appear before the Court could grant 
my request. This I found impossible to accomplish ; and 
I declare, that the defendants, Sandom, Lyte, HoUoway, 
and M'Kae, are all perfectly unknown to me ; that I nevet 
directly or indirectly had any knowledge or communication 
or ever saw them in my life, neither did I ever see Mr. De 
Berenger more than two or three times. I beg also td 
acquaint your Lordships, that the bank notes which have 
been stated to have passed through my hands must, 
unavoidably so have done, as I permitted, without thinking 
it any crime, at the solicitation of my friends, that all drafts 
connoted with the Stock Exchange business should be 
paid in my name, whether I was in London or not; and 
I did at any time change notes, or lend Mr. Johnstone 
money, as a temporary accommodation, when he wished 
it; and yet it is a fact, that I had never seen Mr. 
Johnstone till the 2d of January last. But it is impossible' 
for me, and certainly a case of hardship, that I should be 
answerable for the manner in which those notes might be 
disposed of afterwards. There appears no one witness on 
the trial, that can give any extraordinary reason for my 
having paid the notes alluded to by Mr. Johnstone ; for 
I might, hundreds of times, have paid notes to an equal 
amount to him, or to any other man. 



575 

My own conscience dears me of tbe offence laid to m'f 
<jiarge» and so far was I from avoiding inYestigation, that 
I courted it, and instructed my Counsel not to take adi- 
Tantage of any flaw, should there appear one in die 
indictment, but to force the trial to issue. 

I can only, my Lords, accuse myself of one fault, if it 
can be so called, that of being too generous and unguarded 
upon money affairs. I shall not intrude myself any furthet 
upon your Lordship's time, only assuring you, that the 
magnitude of my concerns in the funds, upon which s6 
much stress has been laid, was not, according to my 
calculation, any thing extraordinary, neither was tlie sum 
I held on the fzist February, an act of premeditation, my 
concerns being as extensive before that period as at that 
time, and my profit upon that day, which has been so much 
exaggerated, was only ^.1,300, instead of ^.3,000, as 
stated by the counsel for the prosecution. Whatever your 
Lordships decision may be respecting myself, I shall bow 
with submission, feeling conscious of my innocence of the 
charge upon which I have been found guilty. 

Mx. Pabk, 

• My Lord, I am of Counsel for Mr. De Berenger, 
and it does not very often fall to my lot to be Counsel 
for a defendant in the situation he is in. When we are 
so, we are always placed in a most painful situatioD ; 
because it does not become the defendants themselves, 
much less does it become us, to offer any thing to your 
Lordships that may go in contradiction to the verdict. 
Undoubtedly, Mr. De Berenger is convicted, and he must 
abide the consequences of that conviction. His affidavit/ 
I have seen only this morning ; it seems to me to contain 
no exceptionable matter in it, which is not always the 
case ; that certainly is a circumstance which one may 
fairly press upon the Court in favour of a defendant. 



576 

#Be states to your Lordships what was to a certain degree 
confirmed by a noble lord upon the trial. If I recollect 
nghtly, your Lordship has reported, that Lord Yarmouth 
stated in evidence, that this gentleman had conducted 
himself as adjutant to the volunteer corps of which he 
was commander, in a most exemplary manner. That was 
a character in which he received no remuneration ; and 
he states to your Lordships also, that himself and his 
family were American loyalists, who suffered very con^ 
fiideiably during the American war, in consequence of 
their attachment to this country; those are all circum^ 
stances which will meet with attention in your Lordships 
minds. In addition to this he has stated, what the cir« 
cumstances of the case alone would convince youc 
Lordships of without any affidavit, that being a defendant, 
under so expensive a prosecution, has occasioned him an 
enormous expence. That will be taken into consideration ; 
and it will not be forgotten, although this gentleman 
cannot be said to have been imprisoned on this charge, it 
being of a nature to admit of bail, yet he has been 
upwards of two months in actual custody in the jail of 
I^ewgate ; that is a circumstance which does not apply 
to any other of the defendents, and the Court will take it 
also into consideration in passing sentence. I am quite 
aware he was taken up under a warrant of the Secretaiy 
of State, under the Alien Act; but his imprisonment had. 
its origin in this charge, and to a certain degree it has 
deprived him of those advantages for his defence which the 
other defendants have enjoyed ; 1 am not aware that I can 
better serve this gentleman, than by drawing your Lordship's 
attention to the circumstances which are contained in this 
affidavit; and I trust I have not said any tiling calculated 
to increase the severity of his punishment. 

Lord Elknborough. Lord Yarmoutti only speaks to the 
time during which he b^d known him to be acting a« 



577 

Adjutant; he states that he had kopwa him since die 
year 1811. 

Mr. Park. I do not know that Lord Yarmouth's state- 
ment went beyond that, I thought he had added some* 
thing of approbation ; but I submit to your Lordship, it 
is of itself sufficient proof of his good conduct, that he 
was so long continued in the situation. 
Mb. Richardson. 
My Lord ; I am also of counsel for this unfortunate 
foreigner. I have no observation to make, except mmfy 
to call your Lordship's attention to this ; — ^it is confirmed 
by Lord Yarmouth, that the defendant was a voluntary 
servant to the interests of this country, his services were 
therefore praise-worthy, and he appears by his a£5davit to 
have been a material sufferer by the loyalty of his ancestors. 
These circumstances, I hope, will be taken into considers!- 
tion by the Court. Your lordships also see, that he was 
a person in an extremely distressed situation, and at the 
time was suffering imprisonment, in consequence of the 
ruin of his fortunes, which he has mentioned. 
' Lord EUenborough. Is he in custody now under this 
charge ? 

Mr. Park. He is in custody in Newgate, my Lord, 
under the Alien Act. 

Lord EUenborough. There was no application made to 
put off* the trial ; a day was mentioned to the Court, and 
the counsel on both sides, stated their wish that it should 
come on ; no impediment therefore existed in the way of 
the defence. 
Mr. Serjeant Pell. 
I appear, my Lords, on behalf of the three la^t 
defendants, Holloway, Sandom, and Lyte, men in a 
very different situation from the noble, but unfortunate 
person who £rst addressed yoi^r Lordships, upon the pre- 
sent painful occasion. The office I had to p&ttorm Smc 
these three defeadasots i^>pe«,i:^ to p^ pa tb^ m4 m 

Oo I 



'578 

Vc a vei^ 3iflicult one ; because with regard to tbem there 
was a direct confession, that they were in part gaihy of 
that which was imputed to them. Hollowdy and Sandom, 
voluntarily confessed themselves guilty of all that part of 
^tbe transaction, which related to the Northfleet affair. 

Mr. Justice Le Blanc. There was a confession by two 
of them. 

. Mr. Serjeant Pell. But though they were the only per- 
••ons who made a direct confession, yet I, upon the trials 
as counsel for Mr. Sandom, had no scruple in saying, that 
•Mr. Sandom concurred in the confession which they had 
.inade. In this situation, it not being possible for me to 
.contend, that those for whom I appeared, were not 
gailty of that part of the transaction; the only point 
^which I could enforce at the trial was, that they were 
.iinacquainted with the other' part. It is not for me to 
.contend now (against the verdict of the Jury) that they 
.were not also guilty of the other part ; though, if I migiic 
be permitted to state my own feelings, I cannot but think 
there was a considerable defect of proof on that part of the 
case. The only circumstance that connected the one 
transaction with the other, independently of their taking 
place at the same period of time — and we must be aware 
that history furnishes many examples of conspiracies, 
having the same object, formed at the same time, yet 
totally unconnected with each other — the only link that 
•connected the first of these transactions with tlie last, was 
the letter of Mr. Cochrane Johnstone, in <vhich he mentions 
M'Rae as a person, who, for <£. 10,000, was willing to 
explain the whole of the transaction of the 2i8t February. 
.Ut)que8tionably that letter was no evidence against Mr. 
HoUoway, Ms. Sandom, and Mr. Lyte. There waa but 
ODe other circumstance appearing on the trial that con- 
nected them together ; it was, that the chaise which took 

*Mjp. Dfe Bereager^ went to die Mme place where the diaise 
14 t 



579 

weot which carrifid the three 9ther8. But it appeared upon 
the etideace, with respect to that part of the case, that Mr.^ 
De iBerenger went to the Marsh-gate at Lambeth, not ia 
coQseqiience of design, but of an intimation which he 
received from the driver who drove the last stage, that, 
there was no hackney-coach to be procured at the first 
place where they would stop ; in consequence of which. 
Mr. De Berenger directed the man to drive him to 
another. 

I am not disposed to-day. to go into that part of the 
case, and to argue the matter as I did before the jurjr. 
That there was evidence on which the verdict of the jury 
may be supported, I cannot for a moment dispute; but I 
am sure your Lordships will excuse me for Just begging 
your attention to that part of the case, because, I thinlc, 
when compared and considered, together with what Mr. 
Hollowaydid when he made the communication to the 
Stock-Exchange, it does furnish an additional ground, 
which may fairly be urged in mitigation of punishment. 

Let us attend to the circumstances under which Mr. 
Holloway made this confession. M'Rae, of whom I know 
nothing, is absent, and I have no means of trying who he 
ii; but he, finding there was a strong disposition on the 
part of the Stock Exchange, upon any terms to obtain 
evidence of the transaction of this day, hastens to Mr^ 
Cochrane Johnstone, and then this extravagant ofier is 
made by Mr. Johnstone on his behalf, to communicate all 
the information he is possessed of for the sum of £. 10,000. 
This reaches the ears of Mr. Holloway. Mr. HoUoway, 
knowing he had been guilty of acts on that day« which cer- 
tainly would subject him, if discovered, to a criminal prosecu- 
tion, but having reason to believe that M'Rae knew nothing 
of the transaction in which De Berenger acted, with a view 
to save the gentlemen of the Stock Exchange from paying 
money for a communication which would be of no valae^ 



5^ 

csjAt forward and made the confession, Which appears npbif 
Jour lordship's notes. Were it not for that confession^ 
Voluntarily made by Mr. HoUoway, there is no evidence 
against him, to shew that he was guilty of any part of the 
charge ; nor any evidence against Lyte, to shew that he 
was guilty ; but he was present when HoUoway made the 
ebnfession, and permitted him to make it. Therefore the 
whole evidence against them is their own confession, made 
with a view to save the gentlemen- of the Slo€k Exchange 
a useless loss of money. I think I may be permitted to 
gay, particularly as it regards Mr. HoUoway And Mr. Lyt^^ 
that they stand in a situation which at least entitles lliem 
to the conitideration of your lordshipsv I will not presunae 
to say, the confession of Mr. HoUoway and Mr. Lyre wa^ 
made under any promise from the gentlemen of the Stock 
Exchange that it should not be used against them ; but I 
think I may be permitted to suggest,, tlmt could they have 
supposed, the only evidence ta be used against them would 
be their own confession, they would rather have hesitated 
about making a confession which alone places them thi» 
day before your lordships. It must likewise be taken as 
part of that confession, that Hollowiay and Lyte denied 
any concurrence with the noble lord and the other de- 
fendants ; and I think I may press upon your lordships 
attention, in confirmation of this, what Lord Cochrane has- 
himself stated, that he had no knowledge of them. 

My Lords, it is true these persons have been guilty of a 
great misdemeanour, and it is not for me to say a word ia 
theiif favour, in the way of paUiatihg the immorality of 
the act. AH I could submit to the jury was, that theire 
was not evidence to connect them, with the other part of 
transaction ; all I can now submit to y^our JLordshlps, Is 
that they have done all they could clo, after having beea 
led into the cominission of so scandalous asd michievo'us 

an offence, to save the prosecutors further toss and troublcr 
18 • ' 



^1 

I haye JiQt troubled the Court with affidavits iq cbaracterji 
i am well aware that such a transaction as this must stand 
by itseWi I pursue the same line of conduct which I did at 
the trial; I propose not to offer any thing in arrest of 
Judgment, I produce no affidavits in mitigation of punish-' 
ment; but I do submit to your Lordships upon die whote 
of the case, as it respects these three defendants, itaat they 
do stand in a different situation from the other deCeadanfes; 
and though it is not to be forgotten that dney were partial 
in a most scaadalotts tranaaction,.yet that their ready poo^ 
lossion does entitle them to as much consideration, aa 
jFOur Lordships can {^ve in such a case. 

Ma. C. F. Williams. 

My Lord, I am also counsel for tb^e three defendant^ 
ithe grounds of indulgence have been so fully gone over 
by Mr. Serj. Pell, that I think it unnecessary to make any 
observations. 

Mb. Denman. 
My Lord, I am, with the two learned gentlemen wh6 
have preceded me ; and I would merely observe, that the 
affidavits which we might have beeu expected to offer upon 
this occasion, in support of the line of defence which we 
pursued, and which the learned serjeant has stated, could 
not properly b^ addressed to the court, because they must 
have gone in contravention to the verdict of the jury. At 
the same time 1 may be permitted to say, it is extremely 
singular, that in the two plans to affect this mischief, in 
«ach of which so many persons were concerned, and where 
60 much assiduity has been employed, no one circumstance 
of connection between tliem has been discovered but that 
which was stated by the learned serjeant^ What M'Rae 
might communicate was no evidence against these defend* 
ants; no doubt Mr, Cochrane Johnstope gave his sanction 
to that communication, by offering to contribute to the 
reward for which M'Rae stipulated ; but Mr. Johnstone's 
acts are no evidence against these defendants* It is most 

Oo$ 



582 

l^nfortanate for them, that M'Rae^ who appears to have 
been connected with Mr. Johnstone in one part of the 
^ifair, has appeared to be connected with them in the 
odier part. It will perhaps occur to your Lordships to 
enquire why I state these things, seeing tliere is ^^ ad- 
uission of somethii^g crinunal. 1 state them, because \ 
think they do affbrd.au aigoment in piitigation of punish- 
tn«)t ; because I think they will lead to the conclusion in 
your , Lordships minds, that had these defendants been 
aware of the whole extent of mischief which was to be 
carried into effect, they probably would not have joined 
in it. Your Lordship put it to the jury, at the trial, that it 
ivas not necessary all the actors in the drama should know 
the part assigned to each, — that it was enough tliey had 
each contributed to the general object. 

Lord ElUnborougk. That they were parties to the 
general object, and co-operating to effect it. 

Mr. Denman. But your Lordship particularly stated, 
it was not necessary that the jury should arrive at the 
precise degree of participation and extent of criminality. 
t humbly conceive, the extent of criminality, as affecting 
these defendants, is, in comparison with' the others, very 
small; and I trust your Lordships, considering their de- 
gree of guilt, will proportionably moderate the degree of 
their punishment. In the case of conspiracy^ the law it- 
self inflicts a most severe and heavy j udgment ; and in 
pronouncing that sentence which must come from your 
Lordship's lips, I have no doubt, the considerations which 
attach themselves to it, will not be overlooked. 

Mb. Gurney. 

My Lord ; my learned friend Mn Serjeant Pdl has 
alluded to the different situations of the several defendants 
-who now stand 'upon the floor for your Lordships Judg- 
ment. It is, my Lords, a lamentable spectacle, but it will 
not, I trust, be an unprofitable lesson to mankind) that 
conspiracy, like '^ misery, acquaints a man with strange 



583 

^ bedfellows.*' The coii9pirficy of the aiatFebraaiy w^^ 
for all the defendants to act in concert, each man \0 
perform his part toward the accomplishment of theif 
common purpose ;«^one to travel from DoVer, otiiers ta 
travel from Northfleet, and others to be on the apQt at the 
Stock Exchange^ to avail themselves of the rise in the 
funds pipduced by these operations. But the conspiiacj 
on the day of trial, and the conspiracy of this day, is, for 
each, to be distinct and sepaiate, and, as much as poasible; 
unknown to the others. 

I $im willing to concede to my learned friends who hav« 
last addressed your Lordships, that some of these de^ 
fondants do stand in a very different situs^tion from th« 
others. Of Holloway and Ly te, it is fairly to be observed, 
that by their confession they did manifest a degree of con- 
trition ; it must, however, be recollected respecting Hol- 
loway, that the purpose which he conceived, was a fraud 
for bi9 own personal advantage : It is in evidence that his 
fraud took effect; and he has not ventured to state to your 
Jiordsbipsj by afiidavit, tp what ei^tent that f^aud waa^ sucr 
f essful and profitable. 

With regard to Saqdom^ tRe other defendant of this 
S^s^, his part in this transaction was a very prominent ^nd 
important part ; and he was proved to be guilty by the 
evidence of others, not by his own ;— ^he cannot plead the 
merit of a confession. It may, hpwever, fairly be urged 
for all these three defendants, Saqdom, HoHowaiy and Lyte, 
^hat d)fy did Qot aggravate their case at the trial, in tlvi 
manner in which the other defendants aggravated theirs. 

As to the defendant De Berenger, it appears that he was 
the hired and paid agent of Lord Cochrane, Mr. Cochrane 
Johnstone^ and Mr. Butt; and having received his wage% 
|)e was attempting clandestinely to quit the country : if he 
had effected that purpose^ he^ould haye escaped punishn 
ipent himself/ wd would probably have defeated justice 

064 



584 

TirMi ftgted to Ae others. But, my Lords, hi» esm haf 
b^ftii greatly aggravated, as indeed have the cases of Lcffd 
Ci^hrane and Mr. Cochrane Johnstone, by attempts tii| 
defeat public justice, as absurd as they were wicked ; fc^ 
aB the swearing before t\\e trial, all the swearing at the 
trial, and all the swearing of to-day, has proceeded on the 
pi^sumption, that if men will have the hardihood to sweari 
there will be found those who will I)ave the credulity to 
believe. 

Your Lordship has reported to the Court torday, the 
Evidence that was given on the part of Mr. Cochrane 
ifohdstone and Mr. De Bcrenger, the letters which were 
Btated hj Mr. Tahourdin to have been written by Mr. 
Cochrane Johnstone and Mr. De Berenger, oq the 22c| 
February, the day after this fraud had been perpetrated; 
Whether Mr. Tahourdin deposed to that which was cor«* 
rectly true, or not, appears to me to make no difference.' 
If the letters were written at a period subsequent to theiv 
dat^s, they were fabricated for the purposie of constituting ^ 
an artificial defence. If they ^ere written at the time 
they bear date, then they were equally fabricated for an 
artificial defence; and at the very moment of the commis- 
sion of the crime, the parties were providing the mean j 
of a false defence, in case they should be detected. 

There wlas a flat contradictioi\ between Mr. Tahourdin 
and the letter which Mr. Tahourdin produced; ijirhcther the 
evidence of the witness were true, or the statement in the 
letter were tru^, matters not ; the contradiction, indepen- 
dent of all other circumstances, shews that the whole of this 
transaction was one premeditated scheme of fraud. 

There was still more evidence respecting De Berenger ; 
a number of witnesses were called to swear, that at the 
time when he was proved to have been at Dover, hfe was 
actually in London, or at least i«i London so short a time 
\>ef9Te, that he could not by ^^sibilily have been at Dpve^^ 



9%i j^ewohs" who fcYmed this scheme totklly.Torgot the toil 
of case they had to meet: they were endeaTouring to meet a 
c^e of recognition of the human countenance, by witnesses 
who might be mistaken in that recognition ; and they fo]v 
got, that to a recognition of the countenance, a recognition 
however which surpassed*every thing that ever fell under 
my dbservation, though put to the severest test to whidl 
such testimony was ever exposed — ^^De Berenger, seated 
among a number of persons, nothing distinguishing him, 
pothing to attract the attention of the witnesses, yet wit- 
ness after witness, with but a single exception, on looking 
round the Court, recognized his person the moment he cast 
his eyes upon his countenance. — I say, my Lord, that thej 
who contrived this false and perjured defence, forgot that^ 
in addition to this, there was the delivery of De Iterenget 
from hand to hand, from Dover into the house of Lord 
Cochrane ; and into the house of Lord Cochrane it was 
xiev^r pretended that any other person but De Berenger 
entered. 

Then, my Lords, we have the affidavit of Lord Cochrane, 
to which he has added the affidavit of to-day, respecting 
the dress which De Berenger wore upon that occasion. 
It is singular that a servant of Lord Cochrane'^ should 
have been called upon the trial, examined upon otiier 
^ints to the confirmation of his master's affidavit, and 
that my learned friends, who were of counsel for Lord 
Cochrane, whose ability, whose discretion, and whose zeal, 
no^man who knows them can question, did not venture to 
'put to that servant a question as to the colour of De Be- 
renger's coat ; and that they did not venture to cdl the 
two other servants, one of whom at least was in attend* 
ance, and' if the other had been wanted, it would not have 
'been difficult for Lord Cochrane to have detained him iit 
England, that he too might have been examined. No man 
pan dout>r that the reason why my friends abstsuned from 



«86 

Mkiag that queitioii, and going into thst. examiiMtimti 
iraS| that after the evidence which had been given by all 
the witnesses jfor the prosecution, as to his dress, continued 
DP to the last moment by the driver of the hackney-coadi, 
who swore to J)e Berenger's entering the house in a scarlet 
coat; if all the servants in Lord Cochrane's house had 
been, called to swear that the colour of De Berenger's coat 
was green^ no man alive could have believed th<m^ 
. Your Lordships have before you the whole extent of 
.this gigautiq Conspiracy and Fraud ; you have seen the 
Stock account.. of the^e persons, and you .find that on the 
morning of this day Lord Cochrane^ Mr. Cochrane John; 
4tone, and. Mr. Butt, were possessed of as much in Consols 
andi Omnium, a8,.reduced to Consols alone, would amount 
to £.1,600,000; on which sum, the fluctuation of pnly oq^e- 
.eighth per cent would produce a loss or ga^of £, 8,oqp ; 
and although these defendants have not profited to the 
extent they anticipated, first, because the telegraph did 
not work, — ^no thanks to them that it did not;— and nex^ 
becausethe fruitof their fraud was intercepted, — the stolen 
goods were ^topped in transitu, — still it appears from the 
evidence of M|f, Bailyj tha^ they have been materially en* 
riched by their f^i^ud, fqr they were enabled to get rid cf 
thisinunense amount of Consols aqd O!a]iuum,.witho.ut loss, 
.whicb, but for th^ operation of this fraud, they ^ould qot 
have done. 

At the trial, M^ Sdrjeant B^st pressed very eloqucptly 
upon your I^ordship and the ju.ry, the fo^qer services of 
Iiord Cochrane : I myst obs.erve, my Lord, that.thg;^ seij- 
.vipes had neither, been forgotten nor ui^rewarded by his 
SovereigQ or his Country :r»^by hi9.Soy^eigQj,he.ha4 beep 
praised tq a high rank in his professipi)^ ai\d was in the path 
to the highest ; he had also be^n inyested with a most 
^nourable personal distiq/ction, which adds lustre even tp 
;|iobility itself; which, at the saiqe time that it ?ras a re- 
ward for the past, ought to have beeii an incentive for the 



587 

future : — ^Be had been nosed by a gratefbt Country to the 
proud and enviable station of representative in ParliameDt 
for the city in which your Lordships are now sitting ; which, 
at the same time that it imposed on him the duty of watch- 
ing, and if necessary, of animadverting on the conduct of 
others, especially bound him to guard the purity of his own* 
for all this, what return has he made ? — he has engaged in 
a conspiracy to perpetrate a fraud, by producing an nndae 
effect on the public funds of the CounUy, of which fiinds he 
,was an appointefd guardian, and to perpetiatfe that frand hf 
falsehood : He attempted to palm that falsehood upon that 
very Board of Government, under the orders of which he 
Was then fitting out, on an important public service ; and 
'still more, as if to dishonour the profession of which he was 
a member, he attempted to make a broAer officer the organ 
of that falsehood. 

This offence, my Lord, does not proceed firom the in- 
firmity of a noble miild, from the -impetuosity of youthful 
passion, from the excess of any generous feeling ; — it it 
icold, calculating fraud, scarcely capable of aggravation-; 
but, if it be capable of aggravation, it has receive4 this 
great aggravation, th^twhen threaten^sd with detection, 
he endeavoured to avert it by the deliberate coipmission 
of a crime which, T repeat, has all the moral turpitude of 
Perjury, without its legal responsibility. I have' tp add 
one observation only, which applies equally to Lor^ 
/Cochrane and Mr. Butt, that t&ey stand before your Lftfd- 
ship, though convicted, unrepenting. ' 

The Prosecutors in this case have, through m^ny di^ 
ficulties, conducted this Prosecution to its terminatiQii : 
)they have sought an honourable end by hononraUe means i 
they have sought for justice, and justice only; and to your 
Lordships justice they commit these Defendants. 

Lord Ellenborough. Let all the Defendants stand omb- 
mittedy and be brought up tonnorrow morning to receive 
the Judgment of the Court. 



Goupt of King's B^ncb^ 
Tuefda^ June 21, 1814- 

CAartes Random De Berenger, I^rd Cochrane, Uichard 
Gathome Butt, Ralph Sandam, John Peter Holioway, 
and Henry Lyte mere brought up pursuant to the order of 
the Court to receive judgment. 

. Ma. JUSTICE LE BLANC, 
^[pHEsn d€f€iidaot8)^¥hofte names have been now catted^ 
a»e,ta moetve the jodgq^neot of thecourt, in conse* 
qiMOoe of a ^oiiTiclion upon aa indioUnent for a con- 
spiracy ; that indtctment) and tbe evidenoe which had been 
given upon the trial, on which trial the jury pronounced 
4he -several defendants guilty was more particularly stated 
to tbe court yesterday^ in the course of the discussion 
which 'took 'place, l!he sum of the offence charged in the 
indictment was, that -these six defendants, together wiA 
two other persons, who do not now appear to abide the 
judgment of tbe law, had conspired together, by spreading 
'false fumoors and reports in different places, lo occasion a 
rise in- Ae 'price of the public funds of this country, on a 
particular day, and thereby to injure all those subjects who 
might purchase stock on that particular •day ; that was the 
sum of the charge contained in the several counts of the 
indictment on which th^ defendants were found guilty. 

I will shortly advert to the oircumstances of the case as 
they appeared in evidence. From that evidence it ap* 
paafied, that. some of the defendants had- been, for a short 
time previous to the time when this conspiracy was put 
mto execution, (nainely the sist of February,) largely 
spopulating'in tbe public funds^of the country, and that at 
that time three of the defendants who now appear before 
'Che court, together with one of 'the defendants who does 
net-appear^ were 'either holders of stock, or peesons wl^a 



589 
bad eodtracltd fbr the pnrcbsje of stock, to a verjr oM* 
siderable amount. It apipcars, that on tbe igch of Fo* 
braary, which was on a Sattirday, a person^ not expressly 
spoken to by the witness, bad purebas^ of a military ao* 
coutrettieBt«maker in this town the diess, or at least part 
ef the dress, and aceootrements, of a foragn officer, stat^ 
ing at that time, that it was designed for a person who 
was to appear in tbe character of a foreign officer^ and 
that on the same day another person wlk> was concerned 
in anothi»f part of the plot, had prodvced a. small pared 
at home which had been give^ to his w«fe> and the nest 
morning(Sunday)hlut brought home two coats and twofaats, 
evidently intended to fit out two peridttS' with the appea^- 
anc^ of forei^ oiRcers. Those ate die iirst cirowsstonoea 
that appear previoQB to tfie day when this plan was -to be 
put in execution. 

The next period t6 be adverted td was thenonsning of 
Monday, the 2 1 sc of February, and on that morning, abbtst 
a quarter after one o'clock in the iboming, one of the 
defendants, Chatles Random de Berenger, makes Us ap- 
pearance at the door of die Slnp Inn at Dover, wearing tbe 
dress of a foreign ofBcer, as described by four witnesses, who 
saw him at Dover- with the scarlet uniform* of a wlilavy 
officer tknder a grey great coat, and a military cap, tbe cap 
worn by military officers, applying to be famished iaunedi- 
ately with a chaise and four to proceed on his journey to 
town, holding himself oat as a person who bad just hmded 
from a Vessel come from rtie coast of France, and. bring- 
ing vety important intelligence df ttie success of engage- 
ments in that country, in wMch th^ RUler of Fianae had 
be^n defeated, iHth othet cittonmstanees not paitioalaily 
n^ces^ary to 1)6 adveited to, and thai the conseqatMes 
ivould be in a very sboH Hime a peace betwees shnt 
cbtfatf y 'and this. He is expressly recogniaed: and pointed 
otrt as hiring ^eue of the ^efendams; Gbailes naodum 



590 

I>eBtnDger^by foordiffeii^it penkMH who iawhim a* thai 
lime . in the morning at the Ship Inn, whece. he .coptiimc^ 
for some time, whik hones were pf^paring, havtag caUed 
. foe pen^ ink and paper, to write a letter, as Ke professed, to 
he seat off .to Admiral Foley, tbeAdmiml commanding 
ihe ships stationed. in the Downs, . and while there actoally 
dispatching a. messenger with such, letter to Admiral Foley^ 
which is pooled to.be afterwards recdved by the Admind, 
afecting to communicate this intelligence, and signing this 
.by $be .affected, name of De Bourg, as aid-de^camp, to what 
.i^lpeait to be intendad far Lord Cathcart. 
, . Fiam* thence he is traced distinctly through die various 
stages where, he changed horses, at Canterbury, Sittingr 
.bourn and Rochester, where he s,topped and took some 
.rriteshment, and had some conversiition with the landlord 
of the Crown Inn, who speaks to his dress at the time of 
the communication which he there made, similar to that 
which 1 have adverted to as haviog been made upon bis 
fimt application for. a chaise and hpries at Dover. From 
•thence he proceeds to Dartfprd, and fipom Dartford in like 
. manner, the last stage, into Lbodoa. The post-boy who drove 
« him. the last stage into town, besides speaking to his per- 
son, and, idl of. them having picked out and fixed upon 
. Chalks Random De Berenger, whom they afterwards $aw 

• in -court, as the person who had so travelled from Dover to 
» London,, haying had opportunities, during the last stage, 

of seeing him while he was out of the carriage and walking 

• up a hill, and while he conversed with them directing them 
to the phce to which he should be driven. He iniijuired 

. where he conM first be set down, and could meet with a 
. hackney ooadi; one place proposed by the postboy did not 
' meet Us approbation, he stating that it was attaide4 with 
.. too muckpttblicity, a^d he then directed hunself tobe dfivea 

• toLamb^ where a hackney coach might be procured^and 
^ atthe.Marrii-gat^ tmrnpi^ at Laniheth he was ultimately 



591 

set down, and stepped ^m the post-chaise into a hackney 
'coath^ and at that period he is spoken to positiTely/ not 
only by the postboy who had driven him tothut spot, but 
by the watennah who opened the door and put down the 
step of the hackney coach; he swears distinctly- to his 
'person and to his dress, that he had then a stitflet coat 
under a grey great-coat, with a military cap; - From 
' thence he directs himself to be driven to OroftYenor<*square« 
Those are the orders given to thc'coachman when he gels 
into the coach, and then he directs the coachman to a 
particuHur house and number in Green^treet, which was 
the house of one of the other defendants. Lord Cochrane, 
and into which house the coachman proves his having 
' seen him enter in that dress first described by the witnesses 
at Dover, and confirmed by all the witnesses on fans pa«* 
sage during his journey, namely, a red uniform coot 
under a grey great-coat. So much f6r that part of- the 
transaction which rdates to the spreaditig of false rumours 
and reports respecting what had happened in France, and 
the prospect of peabc in the way from Dover u> the place 
where he wasr last set down, the house of Lord Cochrane 
in Green*street on that same morning. 

The other part of the plot or conspiracy was put in exe- 
cution at somewhat a later date, by the efforts of some of 
the other defendants, namely» HoUoway; M^Rae, Soifdom, 
and Lyte, on that saibe Monday morning. The innkeepar 
at Dartford receives a note firom Sanddm, ordering a chaise 
to be sent to Northfleet, at a particular hour, to bring 
persons' to Dartford, and to have Ibuff horses* ready to 
convey them to London. Aocoidingly diree perscms, two 
of them, I think, described as wearing a militaiy dress, and 
'white cockades in their hats, come in thatdiaise to Dart* 
ford, from' whence, with another chaise and four horses, 
the horses ornamented with laurd, and the men inside with 
white cockades in their hats/thsy drive at a quidc pace to 



LondoOy thiDtigh some of the priocipat i^treets of tondoit^ 
over Blackfhars Bricige, and there directing to be set down 
at the same place» the Marsh-gate at Lanibeth, they get 
into a hackney coach, and no mpre is beard of them. 
This seems to have been a counterpart — another branch of 
the plot, ivhich was pot into execution above two hours 
after the first chaise had arrived with the defendant De 
Becenger^ and Id that these persons are proved to have 
Wen concerned whom I have stated. 

Immediately upon the arrival of De Berenger at the 
hoQse of Lord Cochrane in Green«street, dressed as I have 
described, in the dress in which he was first observed at 
Dover, he appears to have dispatched a note to Lord 
Cochrane, who was not then at home, and that note is 
delivered to my Lord Cochmne at a place somewhere 
near Snowhill, where Lord Cochrane was at the time. 
What the contents of that note were, as the note has not 
itself been produced, we have no evidence* Upoii that 
my Lord Cochrane immediately returns home in a coach. 
There is no doubt but the defendant De Berenger was 
then at the house of my Lord Cochrane, and there, before 
he leaves the house, with the privity and in the presence 
of my Lord Cochrane, he changes the uniform which he 
wore at the time, and in which he is proved to have entered 
clothed, and puts on a black coat of Lord Cochrane's ; 
he exd^uanges his military cap for a round hat of Lord 
Cocbrane's likewise, in the house, and then he gets into 
tke haekney coach which had brought Lord Cochrane, 
and goes away in that dress, and in that ooach, and on 
^at same day, which is Monday the ei;st of February, 
the whole of this property in tb^ funds, or these contrac)C3 
linr stock in Ae^fund^ (of whi^ it i^ s^ojt now necessary U> 
Hate the particaiar s«itiis) which was held by Lord Goch- 
sane, by Mr. Coobnne Jobdstoi^e, by Mr. ^uM, and hy 
311. HoUoway, is mM by those persons at an ^dvange^ 



59S 

wkich advance had been ocoationecl hy that which had 
taken place in the course of the early part of that day. 

The additional circumttaiicea which are proved in evi^ 
dence, and which I will only now ahoctly advert to^ aretfaoaa 
ftated by the broker Fearn, who had been die purchaser 
and the seller of a considerable part, c^ this stock for part«v 
cnlarly three of the persons, Losd Cochrane, Mr. Cochrane 
Johnstone, and Mjr. Bntt ; he was inteodiiced by Mr. Bata 
to my Lord Cochrane and Mr. Cochrane Johnaeone, anck 
had managed, or appears to have had considerable hand iar 
i^kanagiag, these speculations in the fonds. 

In addition to that, it-appears, that afterwardB, I thinks 
#B the a7th of February, De Bercnger disappears, and ia 
aome short time afterwards, the partiouhtr day. was not, h 
believe, mentioned in evidence, apprehended, passing* 
under a feigned name, at a distant part of the ooontry, 
aiith considerable property. at that time in his possessioa,- 
hajiring been before, up to the aist of February, living as> 
an insolvent within the rules of the King's Bench prison. ^ 

The question which is next material to be adverted to is,* 
how far. any of these circumstances implicate the defends 
ants who are found guilty on this record. I have stated- 
the drcumstances with respect to the minor actors in thiv 
Goospiraey. De Bereugar, who was the actor and the ^lo^ 
pa^or c^ the false rumours from Dover to London,- anci 
lfce0thai'peKSoos.who were the propagf^ors' of these falser 
ruiiK)urB Aomi Nordifleet to Loadon. It is singular that 
De Bareager. dit»iUkk|stErfLtly dfi^e, in the dress in which* 
be travelled fcofiv]>over!tD Litedon, to the house of my* 
Lord Cochrane ; should instantly send and have an inter* 
view, with my Lord Cochmne ; and that in the presence 
and with the knowledge of my Lord Cochrane, before h* 
left his house, he should change that dress ia which hW 
had arrived, and should go away in a dress of my Loidr 
Coduiane's ; those are things which coald not hfppatt Jby 



594 

<ccid^t;..atid .the court see that tbey .ha\x «D0t lieea atr 
counted far in any satisfactory^ maoiier; and iiey cenainljr. 
were nol.aocounted for. m a. satisfactory manner to . the 
ttinds.of.the.Juryy wlio have dmwji the cooclitsipn of 
gnilt, by aii.y.eapkuiatidi)iifbicbwa9 theagiveoi either by 
mdnlpcupoQ Oatk .. The inanKier in which it is attempted 
ta. be .aceoudt^ Soi is, that De Bererq^er^ who was hot 
ifightly kaown to my Lord Coobxane, bad come at that 
fioae toiiin opbn aome .other bttsineas; that as. to the note 
which he jent to my Lord Cochranei and which has «ot beea 
produced, xny Lord G^chrane at thedipe did not dearly 
perodrve ^y.wbom it was vgmd, or. (jeom whom it came, 
and.dii^tiKe weat home immediately upon rescivii^ it, i» 
expectafion that.it might be fi;om aa officer cxxning firoai 
ilbroad, bfioging. him au account of. the health of, a bro* 
^r, wboatitbat time,:€r shordy .before, had been labouf- 
ipg under a^dangerous illness.; that note which was sent 
Ims notb^ea produced, and no satihfactoiy evidence has 
been stated, either before the jury or since, upon the appli* 
«;aiion whicli .was joade. to the court for a new trial, to fix 
precisely the time when any account had been received 
by my Lord « Cochrane of the iUncss of this brother,, or 
holding out to him any expectatiou at what time, and by 
what meM% be, was likely to hear, further accounts of him. 
If aay tuob letter bad been received, if it had come by a 
private bwdf : tb^- person who .bcought it might have beaia 
•«aUed.U> show the infgmaiuMi wbiobliehftdsMahred; if it 
l)ad beat brought, by. a^Mp, or bgr^paH^ ike lawrk oo^ the 
direction q^d the pove^ope of that, letter, would havjD givea 
aome.explM^Uoii of Jt, but no sach.cxpku^ation.ha& beau 
Iieid oat eiliier >U> th^Jucy .at tbe.trial,. oc tu ihe court 
^noe,.QiK t;he oppoitijuiityc which, was aiibidad my Lord 
Coqhfnof y^siefdtty.of .s(aiing,the.grovnda vpoo which ho 
lMlifeUr.tQ^hl»v#l«knewi trial, j k 
j^iFIWtmMOti^^iiciipumstance ia.eyidaux which I hnp 



&9o 

Ii6t^et adverted' to> ktvi il ia tbis^ it l^tras pfoved in evi- 
dence, and I Hf ill not ga Uttough tbe particukirSy that 
fthdrtly before tliis 2ist of February, naoneiyi on the i6th^ 
of February, a broker, of tbe n«li&e of Smallbotie, imi 
drawn a bill on Jones, Loyd, and Co. in London/ for- thf 
sum of 470/. ige. 4(1. Jiayable to a nainber, uporf I9jbich 
notliing arises, or to hearer ; but ibat diis bilk or check; was 
^iven to Lord Cochrane, so that it was in his hands ; iht 
money rocetved for this check at the bankers, was proved in 
evidence to consist of particular bank notes ; those bonk 
notes were afterwards changed, and appear to have been 
changed industriously for other uotes^ by a person employed, 
I think by tbe defendant Bmt^ and part of the produce of 
tfaischeck had been employed by Lord Cochrane himsdf in 
the payment of a bill of a coal merchant of' his, and a 
number of tbe small notes that had been produced by th# 
tsbangeof some of the larger notes for which rhe chuck 
was changed, were traced to th^ hands isf De'Bereoguff 
himself, and many of tbem actually found in his possisssion^ 
and in his trunk at the time he was shortly afterwards ap^* 
prehended in a distant part' of this kingdom; now this ii 
a coincidence of circumstances which requires very satis^ 
factorily to be accounted for, in order to raise a doubt ia 
the mind of any ohe tliat there was a coitnecfion with 
respect to this transaction, aiid an intimate connectiOflrbe-i 
Y^een the parties cbnrged upon this indictment, I mean 
partJculafif'tIi4^*?Kndant; my I-orf Codiiaoe, the de- 
fendant Bttft, Itnd At! defeudani<l)e Berenger. Where w« 
find that it is td'the Hod^ of my Lord Cochrane that be 
oomes umnedlately after having acted this part in spieaditig 
this nunour between Dover and London, and where the verf 
|iotes,that arefound upon tbe person of De Berenger, bcA>t« 
(a insolvent circumstances, are part of the psiodnco of that 
very dri^c which had actually been traced to ikut hosd of 
J«onl Cochrane, and by the interveotioa of 1 



696 

ifefelfe^ants, Butty had Kkct^'isey I tfaiiiky been tIiroug;h tHfe 
4taiids of Mr. Cochrane Johnstone paid to this Teiy 
Die Bereft ger, and fouod in Ws possession when he had 
absconded, and was going by another name in a distant 
)iart of this conntry. 

^tth respect to tlie otiier part of tlie tranaactiony wheif 
"we find who were the persons who benefited by this plaa, 
whidi has been so put into execution ; that the- personA 
who were connected togetlier in specolating in the fnnds 
ap tb the Tcry period of die 21st, and were tlien tlie holders 
of very considerable sumsy or contracts for those sums; 
down to the morning of the 2tsty got rid of all of theoel 
in the course of the sist, and when those circumstaoces 
of <Kmnection which I have adverted to have been so 
elearly made out, and no sAtisfactcuy account given, nor 
ony reason given to expect that a satisfactory account 
#ould be given, if a further opportunity of investigating 
ft should have been afforded, how can the court come to 
any other conclusion if they have to exercise their judg- 
Bi.ent upon the fact, but the conclusion to which the jury 
kave come, namely, that the defendants are guilty ; that 
hwite'a conspiracy ingeniously and cunningly devised,- 
^xienAxe in its operation, most mischievous in its efiect, 
tad contrived for the wicked and the fraudulent purpose of 
efii%<Aing 86me few individuals at the expense of others, 
l»ho tnigbt be induced to sell, and to buy property on that 
day, or who might be in a situation to be dbliged to do it. 
Which was the ease with the suitors of the court of 
Chaitc^y. ■ : 

T Th6 olfcnoe pf conspiracy is in itself always viewed in 
(be eye of the Taw as a heinous ofience ; and where a nniftt 
Wrof'iT^r^^RS connect thetp selves together in oifder id 
fcirrV \M6- excfcufSon a j)Iau which one alone cannot carrjl 
Jmo teecWfofr/ and wliere that is done with 'the evident 
l^tihioA bPff%tid,%o putiTion^y itito the j^ocfcets^ef eerffti4 
iQ - : * 



m 

ya^WSf ttd by *fkat mcsn^ to defiavd* otfaer% such ab 
offence is and always h»» bceti conmciered in the eye oi' thf 
law as au iafamoad offence^ aad caDtng vpon tfie omnrt wli« 
are toadaiiiu^ter llie justice of the coantry for a pimish-» 
lueoiy 86 far a» they can iaflk;! it^ proportioturte to the 
infomy of the erime. 

It i» with pain that the eoiort in passing sentence upon 
the cIefendRnt& hare to advert to those circumsraDcesy which; 
applying to particular perscM^ appear to aggramte the 
gailt ot' the oflence of which they have been convicted ; 
it is painfal for the coort to observe, that among those who 
^taad £or judgsenf there should be any person whose 
sitoation irona rank^ eonnecttons^ edacatioii^ and every 
thing held bononrable aniong mankind, on^ to have felt 
Umself so far above being connected with persons of the 
description with whom he has been connected, and mixing 
in traffic with which he has been mixed, which indepei^* 
dently of the crime of which he has been convicted is dis- 
i;raceful and disieputabie to any man, I mean gambling 
in the funds to the amonot and to the extent to whicii 
H i» proved ; it is painful for the coort to have to animad^ 
vert apon such an offence in soch a subject; and more 
painful to feel, that in the exercise of their duty they are 
bouttd.to say, tliat the greater opportnuity which a defend- 
Aolbad of knowing his iluty, and the big^rhe felt in rank 
and in situiition, and the less temptation be evght to have 
fch to have ofieoded the laws of his country, in this respect 
the heavier fiajis tiie weight of gailt apon hias^ 

Another observation which oaecannot fiiil to make in the 
present instance, is, thai in the course c^^ thia inqniry, cer- 
tainly %vith respect to the defence made by the defSendaat 
J)e Bcrenj$er» one cannot find any circwnstancea of which 
fixe court can lay heidp as a gxoafi4 vpon which they can 
mitigate the oflei^ce whictfe^ the law eaUs fiwlo be lufiictcd 
jupon tliat defendant^ bteaaaeji&er a weight of evidence ^ol 

PP3 



598 

^cpeoding tipbu tht tcsUm^ay of tw6, three, fSur or lirf 
persons, as to the identity of the man and bis cloihes, an 
•ttcrtpt was made at the trial to delude the jury and th^ 
^^urty by inducing them to believe that be was at another 
place at the time, and that it was not De Berenger who had 
appeared at Dover ; that it was not De Berenger who had 
travelled from Dover to Loi>don in the way described; and 
tiiat it was not De Berenger who had been landed at last iii 
the house of Lord Cochrane. 

Though the court could not consistently with its rules 
hear the application for a new trial mttdt by my Loitl 
Cochrane within the first four day« of the term, yet stiB 
it was willing to afford llie opportunity at any tune to 
state circumstances which might operate upon tne mind 
of the court to show that the verdict had been impropeiiy 
coQk^ to, and that the evidence did not justify it : but what 
.vas the attempt upon the part of that drf€ndant,>my 
Xord' Cochrane, to show that he oaght to have had a new 
trial f-^that certain witnesses who were present at the 
time of the trial had not been examined ; and that some 
i>f those who had been examined had not been examined 
t9. facts which it was wislied they should be examined to ; 
aiVl what were Uio^e facts i why il^y went to show that- 
at the time De Berenger was at the houtoof my Lord 
Cochrane he appeared, not in a red uniform^ as was 
^escribed by sO many witnesses, aiid among others, the 
person who landed him at that house, but that he had on 
the green uniform, in which, from the situation he had 
Ib&ea iu; in a rifle volunteer irorps he had been in the habit 
fiS appearing. It was pobabiy a very prudent exercise 6( 
discretion in those who had the conduct of the case of 
that ddfeadant at the trial, not to attempt to call servanta 
at the bouse for the purpose of disproving a fact which 
hud been proved by so many witnesses ; and it is impos- 
^ftJble to'coiKSeive that aoycWgeof dcest couM have taken 



99^ 

|b|ce duriog that thqrt interval, fcoip .tb^- titfe -at which, 
h^ had got out of .the ^oafk^ %q the: period when h^ ba4 
lyipeared before Lord Cochrane.; or what<H>uil4rb!e the 
motive.for changing his.dress^ if be fbeo j\ad on the.uni- 
form of any corps of voIuQteers iu t)u8.towa« 

These are the obsfr\:atiopt whiiii natpr^lly preseni 
themselves as arisip^ out pf tbe detail, pf the evideDC^ 
which b&* been read* It c^npt b^ pcicessary . to expa*; 
tiateat all upon the nature of the pffeiiqe. It is a popr 
spiracj .of the gr^test inagnitode, a^d of tbe most, 
p^judicial: effect to ^le cooununi.tjr ; it^ i^ coMeived ii^ 
Aii^ief, apd a great deal of delibfsration pr^icti^ pre^ 
y|oiislj to its being, pyt into e^cecution.. In ihis respect 
an oAfiMe of this descriptiop differs froin :most of th^ 
offenoes which come under the.cognizanf:e of a court of 
Grimmal jnrisdictioo* In oviny cases offenders have been 
|ed to transgress the law bj a suggestion of the moment; 
by a teipptatioB, which, as it has been urged sometime ^ 
the bar, human nature ooold not resist ; but in the present 
instance it has been deliberately undertaken ; great con* 
trivance, and great previous consideration, have been used 
for the purpose of laying the jJan and procuring the 
actors who w^re to bear their different parts of it; and the 
whole object of it founded in avarice on the part of some, 
and the hope of gain for acting that part which the others 
took in ihi% transaction, not for their own immediate emolu* 
ment, except so far as they were to receive the wages of 
their iniquity. 

The court has deliberated upon the case, and the court 
cannot, in this instance, feel itself justified in measuring out 
justice to one by a different measure from that in which 
justice would be measured out to others; the sentence theie** 
ibrc of the court upon you, the several defendants now upon 
the floor, is,Thatyott, Sir Thomas Cochrane, otherwise called 
liordCocbianeji and jouRichardGathoneBatt, do severally 



«09 

fky to th^ King ft fifl6 6r <me thMUftnd p6ti6(ft each ; 16a| 
^iMi^ John ]^eter HoUowayy the tfand person who was to b^ 
Wtiefitdt by this conspiracy^ do pay to the King a fine of 
five' hundred poofids; that all you the six severlddefetid*' 
ants, Charles Random Do Berebgefy Sir Thomas (Ilocbroiiei 
tommonly called Lord Cocbrane, Richard Gathome Butt, 
Kalph Sandbmi John Peter HoUowayi and Henry Lyte^ bfc 
severally imprisoned in the custody ii( the' Marsluil of the 
M arskafeea of oor Lord the Eing for twelve edetKfer motith#; 
ted that durhig thais period yoa, Chailfas Random De Be^ 
^T^^tf yoa, Sk Thomas Cochrane, otberwise called Lord 
Cochfane, and yon, Richard Oathohie Butt, be severeHjf 
tet in and npon the pilk>ry> opposite the Royal ExcliMg^ 
Iti th« City of London, for one hour, betwew th« ihoitrs <9f 
twelTe at noon and two in the afternoon; and that ysu be 
How devendly committed to the dtfttody of ito MahiM p( 
. Ae Matshalsea, in executittdr oF this senteaee^ and bt 
further imprisoned until your several fines be jNiidt * 



TABLE 



TABLE OF CONTENTS. 



THE Indictment. -.- - • •• .. $ 
The CQimsel for the Crowa And for th^ D^fendaoU • 14 
The Jury ,- .-.-...--... 15 
Ur. (iurket's speech in opening the Cue - «> - lii 

Evidence roj tbe.Prottecutiuo - - •• • . • .64 
John Marsh's £\iin[iinat)on - - * - • 5i 

Thomas Woxthiogton Gourley's Examination • «- 6S 

EUiot EdiB-s Examination - «'>--* 71 
Air. WilliaiD St. John's Examination - . • •- * . f ^ 
>Vtlli<uu Jons's Exauiina'ion - ^ - * * ' Bi 

Admiral Tlipnias Foley's Examination • • - - 64 
Mr. QjBrmaiu Lavie's Examination - -. - * fi9 
Letter sign d R. Pu Bourg, addressed to Admiral Foley, 
dated Deal, February 21, 1814 - - - -9^ 

Thomas Dennis's. Examination •• • • • • 94 

.Edward Broad's Examination - « - *. - Sf 
Michael Fionis's Examination - • • * « 9^ 
iMr. WtUiam Wright's Examinatiim « * ** * ^^. 
jamet Overy's £jcamination - • - - - 106* ' 

William Tazer's Examination - - «r - •108 
Thomas Shilling^ Examination « • - - - 110 
William Bartholomew's Exuminalion « • - - 1 IS 
Richard Barwick's Examiuatioa - « -^ - - 120 
William Crane's Examination - * • - - 122 
Geory Odairs Examination «...•• 124 

Mr. Francis Baily's Examination ^ « « « "127 
>lr. Robert Watson Wade's Examination - . - l!^ 
^Snneon Kensington ^omqn's Examiaaiion • * t 128 
4^bigail-X)avidsoB'a EfamsDation - * • • • Idg 
,J4r. Germain Layie's further ExaminaAion • • . • ISf 
.Abigail Davidson's further Exami^uUioa .. • • i^ 
. Launcelot Davidson's Ezaaunation * - . - - 134 
. Thomas Vmn's Examination ----.. 141 

letter signed Alex' M'Rae^ddressed to Mr. Vinn^ dated 
14 February LBU - • - -- - -144 

; Sarah Alexander's Examination «»•••-. 147 
. Mr. Ptiilip Foxail's Examination * « - "152 

. letter signed R. Sandom, addressed Mr, F<oxa]l| dated 

Monday morning . - --»-•• •. X55 
FpXiiU Baldr/s Examioatio^ • - - * • >r, ^^^ 
.|lr. Fiancis Baily's fur^ei) Examination • • * x^ 
ib. Joseph. Eearn's Examination • ^ . » 'l^ 



Mr. Robert iIiicl^D*$ Examination - . . - .. •. . ^ , -. J Z4 
Mr. VVilliam Smallbone's Examination • - ' •IT'S 

Mr. Malcolm Richardson's Exaniiuation • * . lai 

BIr. Francis jBailj'^ Elimination - .. . i$s 

Geoeral Statement of Omnium and Consols - - - 184 
Accounts of A. C. Jobnstooey Lord Cochrane, and R. G. 

' Butl ..... to be placed opposite 184 

Mr.' James Wetenall's Examination • - - • 188 

Mr.'CharleSAddis's Examination' - - - - 19^ 
Letter signed A. Qx:hrane Johnstone, addressed ** Mr. 

Addis" - . - - - . - . . • ipi 

Mr. James Filliner's Examination .... 194 

Mr. James Steers's Examination • - • • • 196 

Mr. John Wright's Examination - • - - . - 197 

Mr. Malcolm Richardson's further Examination - - ^200 

A-ffidavit madeby Lord Cochrane, dated 11 ^March 1814 201 

Mr. James Le Marchant's Examination • . • *- 20f 
The Hon. Alexander Murray's Examination • • -SIS 
William Catling's Examination -- -• --'Sit 

Mr. Barnard Broochooft's Examination . • ^ 220 

Mr. Joseph Wood's Examination - - - - - 231 

Extract from De Berenger's Mem'orandam-book - - 224 

Mr. Joseph Fearn's further Examination ... 224 

Mr. Joseph Brumfield's Examination - • • • 229 

Mr. William Smallbone's further Examination - - 230 

Check on Mears. Jones, Loyd & Co. daied 10 Feb. 1814 231 

Edward Wharmby's Examination - - - - 291 

Benjamin Lance's Examination - • • -> - 231 

Mr. Joseph Fearn's further Exahiination * - ' •• i^SZ 
Lettej: signed A. Cochrane Johnstone, addressed to the 

Chairman of the Committee of the Stock Exchange, 

dated 12 April 1814 . - - . . '-252 

letter signed A. M'Rae, addressed to the Hon. Cochrane 

Johnstone, dated 12 April 1814 - - - - S33 
Letter signed A.Cochrane Johnstone, addressed to Mr. 

. Charles Laurence, dated 18 April 1814 - - • ' 23S 

Letter from the same to the same, dated 18 April 1814 * 1(34 

Edward Wharmby's further Examination .... 1055 

l^r. Thomas Pailer's Examination • ^ .. * 236 

Benjabiin Lance's further Examination - . • - 23fi 

John Bilson's Examination • • • • • 240 

Milary Miller's Examination » . • . . 1^4^ 

'Thonlas Christmas's Examination '- ^ - - 242 

)^Ir. Joseph* Fearn's further Examination ... Z4^ 

'JohnBilson and Thomas Northover's Examination - 244 

Mr. Joseph Fearn's further Examination • • . 244 

Mr. Bishop Bramley's Examination . » . , 245 

Jafan Bilson and Thomas Nqrthofei^s further ExaminatioQ 247 

Benjamin Lance's farther- Examination ... 247 

Jobn Isherwood'S Examination • - « . « . • 94ff 

Mr* Jokn Seeks's Examination * 4. * ^ . 24A 



tbUHnfi. cot. 

irr» Germain Lavie/B further Examinatioft • • * $49 

Beqjaiiua Bray's ExamiDation ' • - ' * • • 250 

Air. Pattetali'fl Examihatidn • ... w w 35) 

Mr. SaajHAUT Best's Speech - . . . • 256 

Mr. Pakk's Spcfch - - -- - • • S9t 

|Ir. Serjeant P£LL^s Speech • • • « 31^ 

Thursday, 9 Jmie 1814. ' 

£videoce for the Defendants .... * 954 
Letter signed Js. Le Marchaot, addressed to Lord Cocb* 

rane, dated 6 April 1814 • - • <^ * 3M 

Letter from the same to the same, dated 7 April 1814 • 335 
letter signed Cochrane, addressed Col. Le Marchant, 

dated 8th April 1814 336 

Letter signed Js. Le Marchant, address^ to Lord Coch- 
rane, dated 8th April 1814 - - - - - 336 
James Le Marchant's statement of conversation with B. 

De Berenger - - * . , " "' * • ^^ 

Vend Viscount Melville's Examination • • • 340 

Colonel Torrens's Examtbation - • - - ' - 349 

Henry Goulbnrn, Esq. KL P. Examination - • •' 344 

William R. W. King^s Examination • « - <^ 345 

Mr. Boweriog's Examination • . • « • 347 

Thomas Dewnian's Examination - - - • • 347 

Mr. Gabriel Tahoardin's Examination • - • - 352 
Letter signed A. Cochrane Johnstone, addressed to Mr. 

Tahourdin, dated 22 February 1814 - * • 356 
Letter signed C. R. De Berenger, addressed to the bo* 

nourabie Cochrane Johnstone, dated 22 February 1814 357 

Letter signed Gabriel Tahourdin, dated 23 February 1814 36l 
Receipt for £• 50. signed C. R. De Berenger^ dated ^ 

September 1813 363 

Receipt for ^^.200. signed C. R. De Berenger, dated 28 

Februaiy, 1814 3(4 

Promissory Note for £, 200* signed C. R. De Berenger, 

dated 26 February 1814 364 

Genc^ral Campbell's Examination • • • • - 371 

The Earl of Yarmouth's Examination - . • • 37S 

Captain Sir John Poo Beresford's Examination • * 377 

James Stokess Examination • . • • - 378 

William Smitli's Examioatioa - . • . • 379 

Ann Smith's E::amination .*•••- 399 

John M*Guire's Examination * • * -> - 400 

Mr* Thomas Hopper's Examination « « - • 407 

■ ■ M*Guirc'8 Examination - - ♦ - - 4Q9 

ileniy Doyle Tragear's Examination . • • - 4lQ 

Airs. Tragear's Examination « . « • . 420 

Isaac Donithome's Examination • - . . • 425 

Me. Guevxt's Reply • - * • • . • 43a 

Lord £|.Lx«90EovoH'a summing np • • * 448 
The Verdict • * r- • • • ^531 



* • * " A«Ary, 14 Jme 1814w ^ 



FfDCMdingt on LoYd-Coclirauc'ft Appiicalioa for si 

. Tri«I .-.-...-• SSa 

* • ' 'Monda^y 20 June 1814^ 

Argmnent on Motion in arrest of Judgment 

« - ' (Mr. SerjcaiBt Best) - .S3& 

- (Mr. Park) - • 5* 

UtfdgDient ef the Court thereof (I^rd £UenboTOii{^> • 6o(> 

- - - '- - - (Mr. Justice Le Blatic) 5j5| 

«.«--•- (Mr. Ju8tk:e Bayiey) 5512 

- - -r - (Mr. Justice Dampier) 653 

Lord-Cocbrane's Speech on application for a nevv Trial 5^ 

«Jllfidavit of LordCocbrane --.-•- 563 

Aflidatftbf The Hoi>. WiHiaiu Ertkine CocKnoe « ' - 5* 

'Statement 4>f Mnjor The i)oi>. William Coehrane's Con»- 

' pUint .----.*.•-- 56|J 

XTiiarlea Random De Berenger's Aftdwii • • « 571 

Mr, Hull's Speech ..«.«-»• 575 

Mr. ParkVSpetfcb - - - . -.--SWi 

Sir. Richardson's Speech --•!-- 577 

"Mr. Seijeaat PeH's Speech - - ■» - - - 577 

Jlr. C. F. Williams's Speech > - - » . * 5&] 

Mr. Deiiinan's Speech • • - - *^ * 58!l 

Mr. Gurney's Speeck • . - • - - - • 5S2 

^ Tmsdayr 21 Jvae 1814. 

Mr. Justice Le Blanc's Speech k pronoancing Sentence 5W 






J.uke IlansaKi & Son^ 
i»t«r I^i.colnVIiitt Fields^ Loii4 



■^F* 



THE FOLLOWING 

TRIALS 
if« pfUiihed £rom Mr. GURNEY's SboruHadd Notes» 



^ I. ^ti Pmceeditigs oti the Cacwe, Atilhony F*brigw against 
GenerjirMuslyn, Goternor of Minorca* (for False Imprison^ 
Atkmi'.) Trw^ m the Court of Common Ptets, Loodoa, July 1^ 
IfTi, fo wttch are added, the sabseqaent Argiimeufs. 5t. 6(L 

• 2. ♦be Trial of Jane IkUterfeld, (for tire Murder of Williaim 
ftrffw^ti, t«q.) {•! the Assize at Croydon, Attgu9t i% 177^ 
Before Lord Chief Banoir Sniythe.*^ «. 6rf. ■ 

3^. Tiie Trial of the Clause on, an Action brought by Stephen^ 
jJayrfe, F.fcq. against the Karl of Rochford, (for False imprison*, 
went.) Befi re Lord Chief Justice De Oiey, in |lie Court ot 
Ccntirttbn Pleas, Westminster, June J7, IffS. li.^d. \ 

4. The Trial of Jainf s Hill, alias John the Painter, (fo& 
srilfully set*ing fire to the King's Rope House, at Portsmouth4 
Before 'Mr. f^aron Ilotliam, at the Assise at Wiocbesteri 
Warchtf, 1777. '2 s. 

5. The Trial of Joseph Stackpoole, Esq. (for wilfully firing^ 
off ai loaded Pistol, at John Parker, Esq.) at the Assiac at 
Maidstone. Before Mr. Justice Aston, March 1777. 2f. 6d. , 

6. The Trial of John Home, Esq. upon an Information, filed 
€X officio f by His Majesty's Attorney General, (fpr a Libety 
I3efore the Ear! of Mansfield, at Guildhall, July 7, 1777.5*,, 
A Supplement to the Trial, containing the subsequent Proceed- 
ings in the Court of King's Bench; 1«. 

• 7. The Trial of the Rev. Henry Bate, (for a Libel on thn 
Duke of Richmond ;) in the Court of King's Bench, Junfe 22- 
17tlO, ^i.6d. A Supplement, containing the subsh^quvnt Pix>- 
•^dings'; 6V.- 

• 8. The Trial of Lord George Gordon, (fcr High Treason,) at 
(he Bar of the Court of King's Bench, February 5, 178L 
3s.6ir. 

9. The Trial of John Donellan, Esq. (for the Murder of *SW 
Theodoalus Boughlon, Bart.) Before Mr. Justice Buller, at the 
Amz^uti Warvvick, March 30, 178L 24. 6i. 

{. H. The Trial of David Tyrie, (for High Treason,) at the 
.Aaaiaeitt Wiachester. Before Mr* Jostioe Heath, August Ici 

^ lU The Trial of the Indtctmeot against the Rev. Willianr 
Sla^let Shipley, Dtan of Su Asaph, cfor a Libel.) Beforr 
Mr*. Justice Duller^ at the Assise at Shrewsbury, August 6§ 

The previous Arguments in this Cause at the Grett Setfsioii 
at Wrexham, September 1, If 83. ls.6d. 

*M'th€ forgoing Tffikeatimik itre printed in FoHo, to hind trith * 
^ tkt State Trhit. - -• 



12. An AccoOUt of the ArgubMnt^'of ODmiset, widi tilt 
Optnriont at large of Mr. Justice Gould, Mr. Justice Aisbhwrs^ 
ttidMr, Baron Hothaip, on ilie Case of Margaret Carotint 
Ruddy September \6y 1776, Is. 6d. 

13. Tbe Trials on the Informations which, by Order of tlie 
House of Commoosy trere filed by His Majest/s Attorney 
general against Richard dmitb, Esq. and Thooias Brand HolliS| 
Esq. (for brtbins the Voters of the Borough of tlindon.) Befor^ 
Mr. Baron Hotham, at the Assize at Salisbury, 1776*. It. 6^ • 

14. The Triab of tbe Rioters, at St. Margaret's Hill. Before 
Lord I^nghborough, Mr. Justice Gould, Mr. Baron Eyre^ an4 
Mr. Justice BuUer, in July 1780. In Eight Parts. Price 6d.^ 
aaeb. 

16. Tbe Trial of Francis Henry De ta Motte, (for Higii. 
Treason;) containing all the Arguments of the Counsel, &c« 
Befcre Mr. Justice BuUer, at the Sestions House in the Old 
Bailey, July 1781. 2c. 

16. The Trial of the Rev. Beiinet Allen, and Robert Morris, 
Esq. (for the Murder of Lloyd Dulany, Esq. in a Due} in Hyde 
Park ;) containing all the Arguments of the Couusd, Ac. Be«. 
fere Mr. Justice Buller, at the Sessions House in the Old 
Bailey » June 1782. 

17. Tbe Trial of tbe Honorable Lientenant-General James 
Murray, late Oo? emor of Minorca. At a Court Martial, held 
at tbe Horse Guards. 3«. 6<f. 

18. Tbe T^al of the Honorable Major Henry Fitsroy Stan^* 
hope, (for his Conduct at Tobago.) At a Court Martial, held 
at the Horse Guards, in June 1783. 3«. 6d. 

•19. The Proceedings in. the Court of King's Bench against 
Lieutenant Bourne, on tbe Prosecution of Sir James Wallace^: 
Jbr a Libel, and for an Assault ; containing all tbe Evidence, 
together with the Arguments of Mr. Bearcroft, Mr. Silvester^ 
Mr. Law, and Mr. Adam, for tbe Prosecution; and of Mr. 
Lm» the Honorable Thomas Erakine, and Mr. Macnally^ for 
the Defendant; and 'the Speech of Mr. Justice Willes at pro* 
aoonding Jud((ment on Mr. Bourne. Price 3«. 

Tkt latt eight Publications are printed in Quarto. 

20« Tbe^ Case of the East India Company, as stated iia4 
proved it th^ Bar of the House of Lords, on the 15th and lffti» 
Pa^f of Decamlier, 1^83, upon tbe Hearing of two.PMiiioni 
agi^init \ l^ill;, intituled, '^ An Act for establiihing oertaijs 
•• Reg\ilatlolis fol- tiie h^it^r , Management of the '*|reMtone^ 
•* Revenues, ao^ Comnjierce' of this Kingdom, in tb# fitfif 
tndie^;^ ^contabing' tlie Acgutniipts. of Mr. Rous an4 Mr. 
Dallas, for tde Com[iany; Mr. Hardinge and Mr. Plumer» to 
the;D}fe^ctars, Mce 2.<. 6f ' * .* 

5!l;'Thi^ whol^ Prdc^edings on ihd Trials of two Tnf•^Ba^ 



•f Fs«aC€ tnd the Fr«iieh AmlMMador; th« other. for « Libel 
ma tbe Judges and Adminittratioo of the Laws in Eogland*) 
la iheCoiut oCKing's^Bench, Loiuleo« June 6,. 1787, beibrt 
tbe HoDorable Mr. Justice BuHen Price 2#. 
. 31« Tbe whole Proceediogt on tbe Trial ef an Information, 
oxbihiled, er cs^cta, by the King's Attomey-Genemlt against 
John Stockdale, (for a Libel on the House of Commons.) In 
the Court of King's Bench, Dec 9> 17S9- Before Lord 
Kenyou, . To which is subjoined Mr. Erskioe's Argument in 
the Case of the Dftan of St* Asaph. Price 5#.* 
' 23. The. Evidence ^on the Cause, James Browa against the 
Phoenix Assurance Company. Tried before Lord Loughborough^ 
Dec 15, 1789. 

34. The whole Proceedings on the Trial of a Cause, Thomas 
Walker, Merchant, against William Roberts, Barrister-at-Ijaw, 
(for a Libel.) At Lancaster Assizes, March, 179 J. Before 
Mr. Baron Thomson. Price 3 #• 

25. The ProceediogiB on the Quo Warranto agpdnst an Alder- 
man and a Common Councilman of Chester ; coutaining th# 
two Trials at Shrewsbury, and the Arguments and Judgmentr 
in the Court of King's Bench, and in the House of Lords, Tw* 
Volumes, large Octavo. Price £.1. 1<. 

.26. The .whole Proceedings 00 the Trial of an Information, 
exhibited, tx officio^ by the King's Attorney-General, agaiaafe 
Thomas Paine, (for a Libel.) Before Lord Keiwoi^ ia tbe 
Court of King's-Bench, Guildhall, Dec» 2Sd, 1793' Priee U. 6d. 

27. The Trial of Thomas Hardy, (for High Treason,) at tbe 
Sessions House, io the Old Bailey, on the S8tb, 29th, SOth» 
and 31st of October, and 1st, 3d, 4tb, and 5tb of-Movcmber* 
17^4; containing the parol Evidence, authentic Copies of all 
the Letters, and the Argumenu Terbatim. lii four Volumei^- 
Price £.1. 8f. in boards. 

29. The Trial of John Home Tooke, Esq. (for Hig|i Treason;) 
at the Sessions House, in the Old Bail^, on the I7tb» lSth» 
Ijtb, ibOth, 21st, and 22d of November, j;94; containing tha 
parol ETtdeoce, authentic Copies of 41 the Lettem, and Iha 
Arguments verbatim. In two Volumes. Price 14tf. ia boards, 

^. The Trial of William Stone, (for High Treason,^ at tbe 
BVt oi the Court eif King^ Bench, on the S$tb and IjKh of 
Xin^ik^ 1790. Price 7<. 

^30. The' Trial of Robert Thomas Crbssfleld, (for UUjk 
Treason^) at the Sessions-House, an tbe Old Bailn^ on So 
llth.anditth of May, 1796. Price 7 1. .... _ 

*3li The trial of James O'Coigl^y, alias Jamea Quigley, alias 
James !!ofaa FIvey, Arthur O'Connor, Es^. John Binns, Job« 
Allen, and Jeremiah Leary,. (for Hig^ Treason J under a Sipefdal 
Coomisaion, ai Maidstone^ on tbe tlst and ttd of Maj^ I79l« 

Jt. tka Wal if WOBnni (Mliic lobnBei4, WiUfaua 



Mlcriurlaii^j and George Easterby, (for wtlTulIy and fetowonsl^ 
d^ftlroyioi; and rasiing.away the Brig Adventure,) ac tHe Adai« 
talty Se^tiODy beld at Justice Hal), in ihe Old Builev, October 
26th, 1802. Price 5 #. 

33L The Trial of £dvvard Marcus Despord, Esq. (ffir High 
Treason,) at tin) Session- liouse^ Newington, Surrey, on Fe* 
bruary 7th, 1833; Prke 5$. 

34. The Trial of Richard Patch,^ (for the Murder of Isaati 
fili^t,) at the Session^Iduse, Newington, Surrey, April 6tb, 
I8O6. Pxiceflf. 

The last Fifteen PnbHc > (Km tu^ in OttofCQ. . 

Such of the above-nientioued Publications as are not out of 
Print, maybe had of Messrs* BuTTERwoaTii & 8ok, FIret 
Street. , 

There are a few Copies remaining nf the Trial of Lord 
Viscount Melville, published by Joseph & W. B. CuaNSV^ 
under an Order of the House of Peers. 



DEDICATED (WITH PERMISSION) TO THE KINO, . 
Prke Ilalf-a-Guinea, the I3th Edition of 

B)aACHYGRAPHY: 

OR, 
. 41f KASY AND CQMPKKDIUS 5YST£W OF 

^ ^ SHORT- HAND: 

Adapted to the tarious Artt^ Sciences^ end Profemong, 
! . / . BY JOSEPH GURNEY. 

Kdt^.— ^The Book is a sufficient Instructor of itself; but if 
ac^ l^i^culties oc;cur,( tliey shall be removed upon applicaiioD 
to tbct^^Viitkorf eitlite personally or by letter, without any 
add^^ionalE^peece. , 



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