"18, Great Cumberland-street,"22d February 1814."My dear Sir,"I have received the enclosed letter from the Baron; and as I mean to pay him this week for his plans, pray let me know if you have advanced him any money on my account, in addition to the £.50, which I paid him on account last year. You will perceive that he wishes a loan of £.200, in addition to this sum, and that he offers me as security, Colonel Kennedy's assignment. I have told him, that if this sum can be of real service to him, I will advance it to him, I will take his note for the amount; 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 shall receive the middle of next month a considerable 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 three natural children. I wish to settle £.200 a year upon her, and £.100 a year upon each of them; her age is 23, past; my eldest boy will be five years next May, the second boy four years next October, and the third one year next April; they are all healthy. I have in my will made a provision for them, but I wish to alter this mode of settlement for them, from motives of delicacy to my daughter, Miss Cochrane Johnstone, as I would not wish to insert their names along with hers."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 chancery."Pray settle my account with Dawson and Wrattislaw, as I wish to clear off all demands upon me as soon aspossible. Whatever sum you say they ought to receive, I will pay them. I hope you are expediting the Wendover papers.Believe me to be,my dear Sir,yours respectfully,A. Cochrane Johnstone."Addressed toGabriel Tahourdin, Esq.King's Bench Walk,Temple.
"18, Great Cumberland-street,"22d February 1814.
"My dear Sir,
"I have received the enclosed letter from the Baron; and as I mean to pay him this week for his plans, pray let me know if you have advanced him any money on my account, in addition to the £.50, which I paid him on account last year. You will perceive that he wishes a loan of £.200, in addition to this sum, and that he offers me as security, Colonel Kennedy's assignment. I have told him, that if this sum can be of real service to him, I will advance it to him, I will take his note for the amount; 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 shall receive the middle of next month a considerable 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 three natural children. I wish to settle £.200 a year upon her, and £.100 a year upon each of them; her age is 23, past; my eldest boy will be five years next May, the second boy four years next October, and the third one year next April; they are all healthy. I have in my will made a provision for them, but I wish to alter this mode of settlement for them, from motives of delicacy to my daughter, Miss Cochrane Johnstone, as I would not wish to insert their names along with hers.
"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 chancery.
"Pray settle my account with Dawson and Wrattislaw, as I wish to clear off all demands upon me as soon aspossible. Whatever sum you say they ought to receive, I will pay them. I hope you are expediting the Wendover papers.
Believe me to be,my dear Sir,yours respectfully,A. Cochrane Johnstone."
Addressed toGabriel Tahourdin, Esq.King's Bench Walk,Temple.
"London, February 22d 1814."My dear Sir,"I beg to assure you, that I would not have complained 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 "want 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, I should be liberated from this place, and be able to equip myself for the American expedition (which I do not relinquish) without encroaching on any friend."You have often kindly pressed me to let you know what would satisfy me for the two plans, MS. &c. connected with them. I really have never made a charge of this kind, and am at a loss how to calculate, much less to make a demand; but those who can perceive the labour, time, difficulties 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 any competent person. What regards the drawing,planning and superintending, Donovan, and the brass-cutter, in completing the two pieces of furniture, I am determined not to accept any thing for; these you must (forgive a strong word) do me the favour of accepting."Should Colonel K. not come to town, I shall feel greatly obliged by your assisting me with the above sum, in the course 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 answers; at least I imagine that he has, if not all, most of them."Could I in the course of seven or eight days (in addition to the £.250) procure about £.200, either from the Colonel or from you, on account of Colonel K's. £.1,500, for which you might hold the assignment as a security, I should be enabled to proceed immediately to the Tonnant; for I still think Lord Cochrane might obtain leave for my goingon board, at all events; I yet have hopes, though his lordship seemed in doubt; perhaps you will obligingly urge his endeavours. I fear a much greater difficulty, for I have heard it hinted, that some creditors, fearful of my going to America (which I have too openly talked of), contemplate to lodge detainers against me. Among these however, Mr. Tahourdin isnot; for I thought it my duty to tell him, and he handsomely consented to my endeavours against America, as the only means to recover from my many losses."My plan is to go on board, if possible, with a view to begin to drill the marines in rifle-shooting and exercise, andanyof the crew in sword, pistol and pike use; if my creditors pursue me there, I could draw for the balance of £.900, to silence some of them (I mean after taking from £.1,500, £.200, to refund to you, in case you now oblige me with an advance, and £.400, to protect my securitiesfor the rules); and if this cannot be completed with the Colonel 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 the moment I find my creditors hostile; for although I may find £.350 to £.400, to pay the rules, I cannot find means in haste to satisfy the rest, although I have offered to assign considerable 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 suggestions, 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 thankful 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, although 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,humble servant,C. R. De Berenger."To theHon. Cochrane Johnstone,&c. &c. &c.P.S. Apropos.—You have paid me £.50. on account;—may I trouble you to tender my most respectful assurances to Miss J.; that I hope most sincerely to hear that her indisposition discontinues. Should you no longer wantthe books, perhaps the bearer may bring them. Will lowness of spirits be received as an apology for this slovenly letter and crippled sheet?
"London, February 22d 1814.
"My dear Sir,
"I beg to assure you, that I would not have complained 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 "want 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, I should be liberated from this place, and be able to equip myself for the American expedition (which I do not relinquish) without encroaching on any friend.
"You have often kindly pressed me to let you know what would satisfy me for the two plans, MS. &c. connected with them. I really have never made a charge of this kind, and am at a loss how to calculate, much less to make a demand; but those who can perceive the labour, time, difficulties 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 any competent person. What regards the drawing,planning and superintending, Donovan, and the brass-cutter, in completing the two pieces of furniture, I am determined not to accept any thing for; these you must (forgive a strong word) do me the favour of accepting.
"Should Colonel K. not come to town, I shall feel greatly obliged by your assisting me with the above sum, in the course 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 answers; at least I imagine that he has, if not all, most of them.
"Could I in the course of seven or eight days (in addition to the £.250) procure about £.200, either from the Colonel or from you, on account of Colonel K's. £.1,500, for which you might hold the assignment as a security, I should be enabled to proceed immediately to the Tonnant; for I still think Lord Cochrane might obtain leave for my goingon board, at all events; I yet have hopes, though his lordship seemed in doubt; perhaps you will obligingly urge his endeavours. I fear a much greater difficulty, for I have heard it hinted, that some creditors, fearful of my going to America (which I have too openly talked of), contemplate to lodge detainers against me. Among these however, Mr. Tahourdin isnot; for I thought it my duty to tell him, and he handsomely consented to my endeavours against America, as the only means to recover from my many losses.
"My plan is to go on board, if possible, with a view to begin to drill the marines in rifle-shooting and exercise, andanyof the crew in sword, pistol and pike use; if my creditors pursue me there, I could draw for the balance of £.900, to silence some of them (I mean after taking from £.1,500, £.200, to refund to you, in case you now oblige me with an advance, and £.400, to protect my securitiesfor the rules); and if this cannot be completed with the Colonel 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 the moment I find my creditors hostile; for although I may find £.350 to £.400, to pay the rules, I cannot find means in haste to satisfy the rest, although I have offered to assign considerable 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 suggestions, 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 thankful 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, although 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,humble servant,C. R. De Berenger."
To theHon. Cochrane Johnstone,&c. &c. &c.
P.S. Apropos.—You have paid me £.50. on account;—may I trouble you to tender my most respectful assurances to Miss J.; that I hope most sincerely to hear that her indisposition discontinues. Should you no longer wantthe books, perhaps the bearer may bring them. Will lowness of spirits be received as an apology for this slovenly letter and crippled sheet?
Lord Ellenborough.This does not appear to have come by the twopenny post?
Mr. Park.No my Lord; but there is an indorsement upon it.
Lord Ellenborough.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 Ellenborough.Probably he sent one of them, as you propose to call them, perhaps they may prove that.
Mr. Scarlett.There is a reference in that letter to an assignment of some property that De Berenger had?
A.Yes.
Q.Was such an assignment prepared at your office?
A.It was; it was an assignment from Mr. De Berenger to Colonel Kennedy.
Q.What was the subject of the assignment?
A.It was an assignment of a share of a patent.
Mr. Gurney.We are getting so very wide 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?
A.I had some conversation with Mr. Johnstone, as I had had several times.
Q.In consequence of the letter which has just been read?
A.Yes; I replied to the letter shortly, and I had conversation with him in consequence.
Lord Ellenborough.Do you know whether Mr. Johnstone made any answer to the letter?
A.To the Baron? I really do not.
Mr. Scarlett.Is that your answer to Mr. Johnstone? (shewing a letter to the witness.)
A.Yes, it is.
Mr. Scarlett.If your Lordship will allow that to be read.
Lord Ellenborough.When did you write that?
A.I wrote that the 23d of February, the day after I received 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.
[The letter was read, as follows:]
"My dear Sir,"In reply to your favour of yesterday, I beg to inform 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 the prospectus'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 the 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."The Wendover business is proceeding; but I am awkwardly circumstanced, not having all the documents before me; in Lady M. L. Crawford's business I should wish to attend with you on the spot. Pray excuse hasteI am, dear sir,your's faithfullyGablTahourdin."Temple,23d Feb. 1814.
"My dear Sir,
"In reply to your favour of yesterday, I beg to inform 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 the prospectus'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 the 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.
"The Wendover business is proceeding; but I am awkwardly circumstanced, not having all the documents before me; in Lady M. L. Crawford's business I should wish to attend with you on the spot. Pray excuse haste
I am, dear sir,your's faithfullyGablTahourdin."
Temple,23d Feb. 1814.
Lord Ellenborough.Where is the cover of this letter: the cover should be produced, for letters of this sort may be written after their date, and one wishes to have some external thing that cannot deceive; there is no post-mark to any of these letters.
Mr. Scarlett.Did you write that letter on the day of which it bears date?
A.Yes, I did; it was not sent by the post, I believe; I cannot charge my memory, whether it was or not?
Q.I see there is a lady alluded to, Lady Mary Crawford Lindsey; was she a tenant to Mr. Cochrane Johnstone?
A.No, she was not a tenant; she had purchased a house of his.
Q.There was a business to settle with her?
A.Yes.
Q.Do you know the fact, that in consequence of this correspondence which has been read, Mr. Johnstone did pay Mr. De Berenger any sum of money?
A.Only from the parties having acknowledged, the one the having paid it, and the other the having received it.
Q.You were not present when the money was paid?
A.No, I was not.
Q.Was there any receipt taken for the money?
A.Yes, there was.
Q.Did you take the receipt?
A.No, I did not.
Lord Ellenborough.Did you see it at the time of the receipt?
A.There were two receipts at the time.
Q.Do you know of its existence, by seeing it at the time when it purports to bear date?
A.A little afterwards; a few days afterwards.
Q.When did you first see it?
A.A few days afterwards; I really believe the £.50 receipt I handed myself to Mr. Johnstone, but I cannot charge my memory with it.
Lord Ellenborough.You saw it in the month of February, or when?
A.The £.50 receipt, which was in September or October, I believe I handed over to Mr. Johnstone myself; the other I did not.
Mr. Scarlett.When did you first see the other receipt; was it in February?
A.I think within two or three days after it was given.
Lord Ellenborough.Have you both the receipts there?
Mr. Scarlett.We have, my Lord.
Lord Ellenborough.Then hand them in, if he proves that he saw them about the date?
A.This receipt of the 20th of September 1813, I handed myself over to Mr. Johnstone.
[It was read, as follows.]
"London, Septr20, 1813."Received of the HonbleCochrane Johnstone, the sum of fifty pounds (by the hands of GablTahourdin, Esq.) on account of large plans, &c."C. Random De Berenger."—————£.50 — ——————
"London, Septr20, 1813.
"Received of the HonbleCochrane Johnstone, the sum of fifty pounds (by the hands of GablTahourdin, Esq.) on account of large plans, &c.
"C. Random De Berenger."
—————£.50 — ——————
Mr. Scarlett.You have another receipt in your hands, that bears date the 26th of February?
A.Yes.
Q.That money did not pass 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 Berenger and I were not at that time upon favourable terms; that will account for my not having delivered it over to him.
[It was read, as follows.]
"London, February the 26th, 1814."Received of the HonbleA. Cochrane Johnstone, the sum of two hundred pounds, being the balance of some drawings, plans and prospecti, delivered."C. R. De Berenger."—————£.200 — ——————
"London, February the 26th, 1814.
"Received of the HonbleA. Cochrane Johnstone, the sum of two hundred pounds, being the balance of some drawings, plans and prospecti, delivered.
"C. R. De Berenger."
—————£.200 — ——————
Mr. Scarlett.I observe, that in that correspondence there is mention made, besides the payment of £.250 of a loan of £.200?
A.Yes.
Q.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.)
A.I saw it at the same time with the last receipt for £.200.
Q.What is it?
A.A note of hand for £.200.
Q.You saw that two or three days after it bears date?
A.Yes, I did.
[It was read as follows.]
£.200 — ——————"London, February the 26th, 1814."Six Months after date, I promise to pay to the HonbleA. Cochrane Johnstone, the sum of two hundred pounds."C. R. De Berenger."Payable at GablTahourdin, Esq.No8, King's Bench Walk, Temple.
£.200 — ——————
"London, February the 26th, 1814.
"Six Months after date, I promise to pay to the HonbleA. Cochrane Johnstone, the sum of two hundred pounds.
"C. R. De Berenger."
Payable at GablTahourdin, Esq.No8, King's Bench Walk, Temple.
Mr. Scarlett.With respect to those letters you received from Mr. Johnstone, do they contain your indorsement upon the back of them?
A.I think they do.
Q.Is that your handwriting upon the back of that letter? (shewing it to the witness.)
A.It is.
Q.Was it written by you at the time you received it?
A.Yes.
Lord Ellenborough.What letter is that?
A.The letter of the Baron to Mr. Johnstone, of the 22d of February.
Lord Ellenborough.You wrote it on the same day?
A.I cannot say on the same day, but within a few days; when I doubled up the papers that lay on the table, with other documents.
Mr. Scarlett.Is it your habit, when you lay letters by, to endorse the date.
A.Yes, uniformly; but not on the day of receiving them; I let them lie till they accumulate unpleasantly.
Lord Ellenborough.If a man sends you letters enclosed from other persons, do you indorse the letters sent to you inclosed; that is no part of the correspondence with you?
A.No, it is not.
Q.Then I should apprehend, you would not usually do it?
A.I have done it differently; I have said "De Berenger to Johnstone."
Q.But you give it a date?
A.I have dated it above those words, as usual.
Q.When you receive a letter, you authenticate the period of receiving it, but not the date of a letter received by another.
A.I generally do; I enclose it in the letter to which it refers.
Mr. Scarlett.Was it so done in this instance?
A.It was.
Lord Ellenborough.Have you any letter-book?
A.I do not keep a letter-book; but I keep my letters very regularly tied up.
Mr. Scarlett.You have heard the contents of the letter from De Berenger to Mr. Johnstone read.
A.Yes.
Q.That refers to some documents in your hands, to serve as a security to Mr. Johnstone, in case he should require them?
A.Yes.
Q.Is it your usual practice, when letters of that sort are sent to you, to make the sort of endorsement you have done when you lay the letters by?
A.It is.
Lord Ellenborough.I only asked him as to the inclosure. If I received a letter, I should endorse the date of my receiving it as authenticating the fact; but I should not put the endorsement of the date upon the enclosure, for I know nothing of the date, whether it was received on that day or not; the gentlemen of the jury know whether that is the habit of business or not.
A Juryman.Is the date you have endorsed upon the enclosure, the date of your receiving it or the date of the letter?
A.The date of the letter.
Lord Ellenborough.Certainly it is not regular to authenticate the date of a letter, to which you are not privy; that is all my observation upon it.
Mr. Scarlett.Besides those plans you now produce, do you know whether there were other and subordinate plans drawn for the details of that same scheme?
A.Yes, there were.
[Examined by Mr. Park.]
Q.You have been a great while the attorney of Mr. De Berenger, and known to him?
A.Five or six years.
Q.Were you known to him before you were known to Mr. Cochrane Johnstone?
A.Yes.
Q.Did you become security for the Rules for this gentleman 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. Brushoft, was your co-surety, any relation of Mr. Cochrane 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 Ellenborough.I understood him to be called to prove, that Mr. Tahourdin was a surety for the defendant; I never 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 Lordship, which have been proved, I think you say they are his hand-writing?
A.There is only one.
Q.Have you ever seen that letter before you saw it yesterday? (handing to the witness the letter sent to Admiral Foley.)
A.Never; I just 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 hand-writing of Mr. De Berenger or not?
A.Certainly not.
Lord Ellenborough.Be upon your guard.
Mr. Park.Be upon your guard, and look at it attentively. You have many times seen and read his letters?
A.A thousand times, and received a thousand letters from him.
Q.And you do not believe it to be his hand-writing?
A.I do not indeed; it is not his hand-writing.
Lord Ellenborough.That is the Dover letter?
Mr. Park.Yes it is, my Lord. If your Lordship will look at that and the other letter, you will see a marked difference.
[The witness compared the two letters.]
Lord Ellenborough.The gentleman may look at the two letters; but that furnishes no argument, for a person would certainly write a disguised hand at that time, if ever he 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 the 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 disguised hand of Mr. De Berenger?
A.I do not.
A Juryman.Why did you take the two letters up to compare the two hand-writings, if you had no doubt in your mind?
A.I had no doubt at all of it.
Lord Ellenborough.Why did you compare the two then?
A.I wished to be circumspect; but if my life restedupon it, I should say, this is not his hand-writing, according to my belief and judgment.
Mr. Park.What has been, for the number of years you have known this person, his general character?
A.I have always considered him a man of strict honour and integrity.
Q.We have heard he has been in difficulties?
A.He has been.
Q.And he is a debtor of yours?
A.Yes, he is a very large one.
Q.To what amount have you trusted him?
A.To the extent, I believe, of about £.4,000, and upwards, besides my professional claim.
Lord Ellenborough.In money.
A.Yes, in money.
Mr. Gurney.I only want to ask Mr. Wood as to this road book. I believe it has been identified before.
Lord Ellenborough.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 Ellenborough.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. Gurney.
A.Have the goodness to look at that pencil-writing in that road book; do you believe it to be Mr. De Berenger's hand-writing.
Lord Ellenborough.Now be upon your guard.
Mr. Gurney.Look at both pages.
[The witness examined it.]
A.Some of it appears to be more like his hand-writing than the other part.
Q.Do not you believe it all to be his hand-writing?
A.No, I do not indeed.
Q.How much of it do you believe to be his hand-writing.
Lord Ellenborough.State the parts where you think the likeness ends, and where you think somebody else has taken up the pencil and written a part of it.
A.That looks more like his hand-writing [pointing it out] but it is not the general writing of Mr. De Berenger.
Mr. Gurney.How much of it do you believe to be his writing?
A.Some part of it looks more like his writing than other part.
Q.Is there any part which you believe is not?
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 his hand-writing?
A.No, I do not think I did.
Q.That was your first answer?
Lord Ellenborough.You said "There is some more like his hand-writing, but I do not believe it all is."
Mr. Gurney.How much is there of it that you do not believe to be his writing.
A.Some of the letters look like his hand-writing.
Q.How much or how little of it do you think to be his hand-writing?
A.The smaller parts look like his hand-writing.
Q.Now I ask you upon your oath, have you any doubt 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 it 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.]
Lord Ellenborough.You can say whether you believe it to be De Berenger's hand-writing?
A.Upon my word, I really do not know what to say.
Mr. Gurney.I am quite content with that answer?
Lord Ellenborough.Mr. Park, would you like to look the Dover letter?
Mr. Park.I am no judge of hand-writing, my Lord.
Lord Ellenborough.That may be a concealed hand-writing, 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?
Lord Ellenborough.No; you announced to us that you flatly contradict the whole of the story as to Mr. De Berenger.
Mr. Park.Yes, I do my Lord; I observe this is all 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?
A.That it is which puzzles me more than any thing, its being in pencil.
A Juryman.We should like to see that 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?
Lord Ellenborough.It is in evidence, being found in the desk of the defendant, they may look at each, if they please.
General Campbell, sworn.Examined by Mr. Brougham.
Q.Do you know Mr. Cochrane Johnstone?
A.I do.
Q.Did you meet him in the month of September or October last, at a meeting or hunt in Scotland?
A.I met him the second week, I think in last October, at the Perth meeting.
Q.Did he at that time shew you some plans and prospectus of the new place of amusement, in the nature of a Ranelagh?
A.I saw in Mr. Cochrane Johnstone's hands, the prospectus 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? [The prospectus was shewn to the witness.]
A.I believe this is a copy of the same that I saw.
Q.Look at the plan?
A.He did not shew me the plan.
Q.Did he shew this prospectus, and communicate to other persons at that meeting upon the subject of it, as well as you?
A.I cannot speak to that; he communicated to me in my own apartment or his own, I cannot recollect which.
[Mr. Hopper was called, but did not answer.]
Mr. Serjeant Best.This gentleman was taken very ill, being kept here last night; if he comes by and by, I trust your Lordship will permit him to be examined out of his turn.
Lord Ellenborough.Certainly, at any period.
Mr. Serjeant Best.That is the case of the three defendants for whom I appear.
The Right Honourable the Earl of Yarmouth sworn.Examined by Mr. Park.
Q.You are I believe, or were, the Colonel of the Duke of Cumberland's sharp-shooters?
A.Lieutenant-colonel commandant.
Q.It is called the corps of sharp-shooters?
A.Yes.
Q.Captain De Berenger was adjutant of that regiment, was he not?
A.He was a non-commissioned officer, acting adjutant.
Q.How long have you known Mr. 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; I cannot fix the day, very early in that year I know it was.
Q.Has your Lordship had opportunities of seeing Mr. De Berenger write, or of receiving letters from him, 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 received very many letters from him.
Q.Are you, from that opportunity that you have described, in a capacity to state to his Lordship and the jury, whether you are acquainted with his character of hand-writing?
A.As well as I am with that of any other gentleman with whom I have been in the habit of correspondence.
Q.Then, not knowing what your Lordship's answer may be, I will trouble your Lordship to look at that.—[The letter sent to Admiral Foley was handed to his Lordship.]
A.I will read it through, if you please.—[His lordship read the letter.]
Q.Supposing you had heard none of the circumstances which this trial has brought to every body's ears, and of which your Lordship has heard so much yesterday; fromthe character of the hand-writing of Mr. De Berenger, should you have believed it to be his hand-writing?
A.Certainly not.
Q.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 me on the business of the corps——
Q.Was that in January?
A.I think so; but I cannot swear to the date; he mentioned to me, that he had very nearly arranged to go out, to drill the crew and the marines on board of the Tonnant. I thought he mentioned it in a way to suggest, that he wished some little additional influence, and I got rid of the thing.
Cross-examined by Mr. Gurney.
Q.The writing of that is larger than Mr. De Berenger usually writes?
A.Certainly, it is longer.
Q.The character 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 tell me, whether you received that letter at or about the time that it bears date? (shewing a letter to his lordship.)
A.Yes; either the day it bears date, or the day immediately after it.
Mr. Gurney.I request Mr. Law will mark that letter; the date of it is March the 19th?
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);that I believe is larger than Mr. De Berenger's usual writing, is it not?
A.I think it is; some part 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?
A.I am not sufficiently conversant with hand-writing, to wish to swear to an opinion either way.
Re-examined by Mr. Park.
Q.That is in pencil?
A.Yes.
Q.With respect to the letter in question, although it is of a larger description than Mr. De Berenger's usual writing, does it appear to your lordship to be at all a feigned hand, as disguising the real hand?
A.Another question to which I am not competent to give an answer; if I was to look through the letter—there is one letter which creates a suspicion, but I should never have suspected it on a cursory view of the letter; it is the letter R before Du Bourg, but that I should have never looked at or suspected; that looks more like his hand-writing than any other part; it looks like the way in which he makes the R of Random.
Q.Does your lordship mean the large capital R, or the little r?
A.The large capital R is the only letter I can see that looks in the least like his hand.
Q.Your judgment upon that letter, upon the whole inspection of it, is, that it is not his hand-writing?
A.I should never suspect it, except from that letter.
Lord Ellenborough.It is a larger character?
A.Yes, it is a fuller character.
Q.It is a stiffer character, and more upright?
A.It is less upright, I think, than his; it is more angular and longer.
Lord Ellenborough.That is his usual writing, is it not? (shewing another letter to the witness.)
A.Oh, yes; certainly, I am perfectly familiar with that.
Lord Ellenborough.You are certainly borne out in your observation upon the letter; look at that letter R again?
A.It struck me on reading the letter.
Q.In what manner an artificial letter may be written, so as to disable a person from saying whether it is the hand-writing of a certain person, you cannot say?
A.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 waistcoat green, with a crimson cape.
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, consequently 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.
Lord Ellenborough.It is almost unnecessary to ask you, whether the members of your corps wear any decorations; 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? (shewing the star to his lordship.)
A.No, certainly not.
Q.Supposing a gentleman appeared before you in an aid-de-camp's uniform, with that star upon his breast, and that other ornament appendant, should you consider that was a man exhibiting himself in the dress of your sharp-shooting corps?
A.Certainly not.
Q.If a sharp-shooter belonging to your corps presented himself to you in that dress, you would think it a very impertinent thing?
A.Certainly.
Mr. Serjeant Best.As Lord Yarmouth has been called by the defendant, De Berenger, and has given evidence which may affect Lord Cochrane, we conceive, we submit 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, would it have been any thing extraordinary?
A.Nothing extraordinary; it would have been more military that he should do so, though I never exacted it.
Captain Sir John Poo Beresford, sworn.Examined by Mr. Richardson.
Q.Are you acquainted with Mr. De Berenger?
A.I have seen him twice in my life before yesterday.
Q.Have you had any occasion to see him write, or to be acquainted with the character of his hand-writing?
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 America as a sharp-shooter?
A.I will tell you the part I took in reference to that business. In the beginning of February, I paid my ship off; after that, I met Mr. Cochrane Johnstone in town, who told me Sir Alexander Cochrane was very anxious heshould go out in the Tonnant, to teach the marines the rifle-exercise. I went to the Horse Guards to ask whether anything could be done; I was told it would be useless to apply to the Duke of York; and I told Mr. Cochrane Johnstone of it the day after. I was dressing before breakfast, and Mr. De Berenger sent up to say, that he was very much obliged to me for the part I had taken.
Q.At what time was this?
A.I think, the beginning of February; but before Sir Alexander Cochrane sailed, I met him at Mr. Cochrane Johnstone's, with Admiral Hope and some ladies; I think that was in January, or the latter end of December; there were, I think, fourteen of us, some of them ladies. This application was after he had sailed. When I went to Mr. Cochrane Johnstone's, I was to have met Sir Alexander Cochrane, but he went to dine somewhere else, and my Lord Cochrane came in after dinner; he did not dine there, but a great many of the family did.
James Stokes sworn.Examined by Mr. Park.
Q.I understand you are a clerk of Mr. Tahourdin, the attorney.
A.Yes.
Q.How long have you been so?
A.Between three and four years.
Q.Have you, in the course of those three or four years, had frequent opportunities of seeing the hand-writing of Mr. De Berenger?
A.Daily.
Q.He has been a client of your master, and has been assisted very much by him?
A.Yes.
Q.Have you seen him write, as well as seeing letters purporting to come from him?
A.A great deal.
Q.Be so good as to look at that paper (the Dover letter), and tell his lordship and the jury, whether in your judgment and belief, that is the hand-writing of Mr. De Berenger?
A.Certainly not.
Q.Look at that, and say whether you think it is a feigned hand, but still the hand-writing of De Berenger?
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 you believe, from your knowledge of his hand-writing, that that is his writing, either feigned or real?
A.Not a word of it.
Lord Ellenborough.Look at the letter R in the signature?
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 certainly, it looks as if it had been intended for a P and made into an R.
Lord Ellenborough.It is not at all like that R, is it? [shewing another letter to the witness.]
A.No, I do not think it is any thing like that.
William Smith sworn.Examined by Mr. Richardson.
Q.You are servant to Mr. De Berenger?
A.Yes.
Q.How long have you been his servant?
A.About three years and a half.
Q.Do you write yourself?
A.Yes.
Q.During the time you have been in his service, have you seen him write, and become acquainted with his hand-writing.
A.A great deal of it.
Q.Is he a gentleman who writes a good deal?
A.Yes.
Q.Are you well acquainted with the character of his hand-writing?
A.Yes.
Q.Have the goodness to look that over, and then 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 to the witness, and he examined it.]
Mr. Park.Having examined that paper, is that, in your judgment and belief, the hand-writing of your master, 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?
A.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 person of the name of Davidson, in a place called the Asylum Buildings.
A.Yes.
Q.Were you with him till he went away in the month of February?
A.Yes.
Q.That was on Sunday the 27th, was it not?
A.Yes.
Q.Do you remember, whether he was at home on the Sunday preceding that, that would be the 20th?
A.I perfectly remember it.
Q.Did he sleep at home on the Saturday night?
A.He did.
Q.Did he go out at any time on Sunday morning?
A.He did.
Q.Do you remember at what time?
A.About nine o'clock.
Q.Did he come in again after that?
A.Yes.
Q.And go out again?
A.Yes.
Q.About what time was that.
A.It was near eleven when he came home, and he went out immediately afterwards; he was not above a quarter of an hour or twenty minutes before he returned again.
Q.Did he return again after that?
A.Yes.
Q.How soon after?
A.About twenty minutes.
Q.Would that be after persons were gone to church that he returned?
A.Yes.
Q.How long did he stay at home then?
A.Till about four o'clock.
Q.He went out again about four o'clock?
A.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?
A.Yes; I had the dogs out, and was leaning with my back against the rail when he came down.
Q.Your master's dogs?
A.Yes.
Q.He kept dogs, did he?
A.Only one; one was mine; I was with them opposite, on the other side of the road, leaning against the rail facing the door.
Q.What were you doing with the dogs?
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 not?
A.He was not at home.
Q.Did he come home afterwards?
A.Yes.
Q.About what time?
A.I had not been at home, I suppose five minutes, before my master came home.
Q.That would be a few minutes before or after eleven?
A.Yes.
Q.Did he sleep at home that night.
A.Yes.
Q.What means have you of knowing that?
A.The means I have were these; after I came home we were down in the kitchen taking our supper, my master was in the drawing-room before we had got to bed, I heard him going up stairs to his bed-room, he passed my room door; that was not above half past eleven.
Q.Did he breakfast at home the next morning, or not.
A.No, he did not.
Q.Did you see him the next morning early?
A.No.
Q.About what time did you see him the next day?
A.About three o'clock; I cannot speak to a minute or two.
Q.Did you hear or see him go out?
A.I did not.
Q.You saw him about three o'clock on the Monday?
A.Yes, I did.
Q.Who made his bed?
A.My wife.
Cross-examined by Mr. Gurney.
Q.Did you let him in?
A.Yes.
Q.You opened the door to him?
A.Yes.
Q.At a little after eleven, that night?
A.Yes, thereabouts, it might be a little before, or a little after.
Q.He gave a good loud knock at the door, in his usual way?
A.He rapped as usual.
Q.And his usual rap was a loud one?
A.Not over loud.
Q.Not very gentle?
A.Between.
Q.Between loud and gentle?
A.Yes.
Q.And he slept at home that night?
A.I cannot say that he slept, he went to his bed-room, and the bed when I went in the morning looked as if he had slept in it.
Q.Did you see him in bed the next morning?
A.No, I did not, I heard him go into the bed room.
Q.You did not see him the next day till three o'clock?
A.No.
Q.Did you write that letter to Lord Yarmouth? (shewing a letter to the witness.)
A.I did.
Q.Of your own head?
A.Yes.
Q.No body furnished you with any draught to write from?
A.No.
Q.Have you your master's military great coat here?
A.Yes.
Q.His military grey great coat?
A.Yes; not in this present place.
Q.It is at Guildhall?
A.Yes.
Q.Now attend to this question, have you not acknowledged 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?
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 not finding your master at home, you had left the key for him at the usual place in the area, that he might let himself in?
A.I did not tell them so, upon my oath.
Q.Neither of them?
A.No, neither of them.
Q.Did you tell Mr. or Mrs. Davidson that on any other 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 morning, 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 eight, and sometimes he is up, and sometimes not.
Q.Do you mean to say, he is a gentleman that wants no attendance?
A.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?
A.Not before he comes down to breakfast.
Q.What time does he usually come down to breakfast?
A.At different hours.
Q.What is his usual hour?
A.Sometimes nine, sometimes ten, sometimes eight.
Q.Till he comes down, he does not ring for you?
A.Very 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.
A.Yes.
Q.Do you remember your paying or changing a fifty-pound note with a Mr. Seeks?
A.I do.
Q.From whom did you receive that fifty-pound note?
A.Mr. De Berenger.
Q.On what day did you receive that?
A.On the 27th, I think it was.
Q.On the Sunday?
A.Yes; I think it was.
Q.The day he went away?
A.Yes; I think it was.
Q.When he went away, he took his things to the Angel Inn, St. Clements.
A.I took them for him.
Q.For him to go into the country?
A.Yes.
Q.Did you receive no more than fifty pounds from him; did you not also receive a twenty pound from him?
A.I did not; not the same day.
Q.What day did you receive that twenty pounds?
A.I cannot positively say.
Q.Was it a day or two before he went away?
A.Yes.
Q.Did you receive also a two pound from him?
A.I do not recollect.
Q.Did you receive and give to any person, of the name of Sophia, thirteen pounds from him?
A.No; I gave none to Sophia.
Q.Did you see him give her any thing?
A.No, I did not; if I was in the room I did not notice it.
Q.Do you know any person of the name of Hebden, or Heberdine?
A.No.
Q.Do you remember, the day before your master finally went away, Mr. Cochrane Johnstone calling with a letter?
A.I do not remember that; I was not at home.
Q.Upon your oath, did not a gentleman call there, who you told Mr. Davidson was Mr. Cochrane Johnstone?
A.Upon my oath I was not at home; she told me a gentleman called there, and giving a description of him, I said, most likely it was Mr. Cochrane Johnstone.
Q.You knew Mr. Cochrane Johnstone?
A.Very little.
Q.But you did know him?
A.I once saw him.
Q.Did you not tell her on the Sunday, that if your master had been at home on the Saturday, when Mr. Cochrane Johnstone brought that letter, he would have gone off on the Saturday night?
A.I did not.
Q.Did you not on the Saturday or the Sunday?
A.I did not.
Q.Was your master at home all that week, from the 20th to the 27th?
A.He was not always at home.
Q.He was at home every day?
A.Yes.
Q.Going out as usual?
A.Yes.
Q.On the 21st, for instance?
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 he was going to?
A.I do not recollect.
Q.Upon your oath, did he not tell you he had 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 black coat in the room?
A.I did.
Q.Was that your master's black coat, or a strange black coat?
A.A strange black coat.
Q.That black coat must have fitted your master vastly well?
A.I cannot say, I never saw it on.
Q.You brushed it, did not you?
A.Yes; but not on his back.
Q.You 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 short coat upon him, would it not?
A.No; I do not think it would.
Q.Upon your oath, would it not have been a great deal too long; was not it the coat of a man six feet high?
A.I did not know who owned the coat.
Q.I did not ask you that; but was not that the coat of a gentleman six feet high?
A.I do not know.
Q.You are not competent to say what sized man that would fit?
A.That coat would fit me very well; it is rather wide.
Q.Not at all too long for you?
A.No, not at all.
Q.You have seen Lord Cochrane, have not you?
A.Never in my life, to my knowledge.