When the learned counsel addressed himself to prove an alibi, I could not foresee how it would be satisfactorily accomplished; I cannot say I believed he would accomplish it, but I 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, according 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. Donithorne's between eight and nine, having been found there in the morning, to measure the garden, at not a very convenient time, with the snow upon the ground; and who are the people who speak to this? a man who has been in the habit, whichsome of us are, of examining the countenances and demeanor of men brought forward to speak to guilty untruths, 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 addressed to him, I asked him, whether he had not been used to be bail? (thinking that he might possibly be one of those hired bail, who are the disgrace of our courts of justice). What does he answer? 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 living 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 becoming bail for others. Then what becomes of Donithorne; he is 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 21st of February, I heard 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. I called for a person at my house to bring twolights across; when I had the two lights, the gentleman had got into the passage; he had a star on his red coat, under the great coat; it is similar to this star." Now, it is said these persons saw him in the dark, but candles were brought over, and you may see a man's countenance by the light of two candles placed near him, almost as well as you could in the day-light we have at present; it would certainly be sufficient for the purposes of observation; if it were not so, half at least of the injuries done at night would be very imperfectly proved, if proved at all. He says, "I do not recollect that he had any other ornament; he was very anxious for a post-chaise and four; the porter at the Ship came down to him; he wanted an express horse, and a man to send to the Admiral at Deal;" then it is highly probable, as he wanted an express horse, that he did send this letter by that express; the witnesses swear they saw him writing a letter. "I asked him where he came from, and he told me, he was the bearer of the most important dispatches that had been brought to this country for twenty years; I asked him where he came from? he told me, from France. I asked him, where he landed? he told me, on the beach; and he begged of me to get a post-chaise and four for him; and then I went and called Mr. Wright, of the Ship Inn; then he wanted pen, ink, and paper. I had shewn him into a room; as soon as Mr. Wright came down stairs, Mr. Wright gave me a sheet of paper, and pens and ink, which I carried into the room; I gave it to him, and he began to write upon it; he called for a bottle of Madeira, and something to eat." That circumstance of his having wine, is afterwards confirmed, for when he is going up Shooter's hill, he is giving it away to some of the postillions. "I asked him, whether I should call the collector of the port? telling him, that it was his business to see such people when they landed; he made answer to me, that his business did not lie with the collectors; then Mr. Wright came, and Ihad no more conversation with him; two candles were 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 Gourley was there, and another of the name of Edis, was also there." Then he says, "I went to get horses with all possible dispatch; he told the two 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 tallying with these; therefore the proof in this particular is dovetailed and closed in, beyond any thing I almost ever saw in a court of justice. Then he 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, I went across to see who the gentleman was out of mere 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; I 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 minutes 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 large company in the inn, he says, "I do not know that there had been any; I never saw him before nor yet since,till to-day, but I can take upon me confidently to swear,that this is the man." He made a very strong observation upon him, and he pointed him out in the manner you saw. "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 he 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 21st of February; Mr. Marsh went over and called for lights; I took two candles and went across with them 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 the 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 broughtto him, and he continued writing some little time while I was there. I took leave of him before he had finished the letter; the candles were sufficiently near him to observe 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 suppose 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; but that has been the subject of the observation.
Upon his re-examination, 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 messenger first at the Ship, he was in a room at the time, walking 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 ornament; 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; "the cap appeared to be made of a kind of rough beaver, I do not know whether it was black or brown;" by that light you would not know verydistinctly whether it was black or brown; "it was rather flat all round, and had no rim like a hat. I saw him sit down and write. I did not hear him say whom he was writing to. I could hear him talk; but not to understand him, being rather deaf; his cap was on while I was there." He is desired to look round, and to point out the gentleman, and he says, "that is the gentleman," pointing to him. "I have no doubt that is he; I had never seen him before that night, nor since;" and yet as you saw him, looking round, he instantly found him out among so many as there were then round him, it is not probable that if they had not seen him before, and had not his picture engraved upon their minds, they would have known him again so well; and it would be very remarkable that they should all pitch upon the same person. "I might see him perhaps for five or six minutes; the cap was rather slouched; it had no brim to it; it was drawn over his forehead; the round part of it was drawn over his forehead. I was not in court when Marsh was examined." It was suggested that he might have picked up his story from Marsh; but a man who was deaf could not have heard him, if he had been in court.
Mr. William St. John is next called; he speaks in the same manner; it is unnecessary to go through the whole of it. He says, "he wore a scarlet coat with long skirts, buttoned across, with a red silk sash, grey pantaloons, and a grey military great coat, and I think it was a seal-skin cap;" now with that light he might very easily mistake; I believe it is very common to have seal-skin caps for travelling.
Mr. Gurney.This is seal-skin, my Lord.
Lord Ellenborough.I did not know that; "he had, I think, a seal-skin cap on his head, of a fawn colour," and it is a fawn colour, certainly; "there were some ornaments on his uniform, but I do not know what theywere, something of a star on his military dress; he was talking up and down the room in a very good pace; I asked him, whether he knew anything of the coming of one Johnson," a messenger whom the witness expected; "he said he knew nothing at all about him, and begged I would leave him to himself, as he was extremely ill;" this gentleman appears too inquisitive, and he did not seem to like him. "On my leaving the room, he requested that they would send in paper, and pen and ink; I immediately retired, and met the landlord, Mr. Wright, coming into the room, I believe, with the paper, pens and ink; in a few seconds afterwards I returned into the room, and he was writing, I did not hear him say any thing about the paper he was writing. I left the room immediately. I saw him again at the door in the street. When he was stepping into the carriage, I asked him what the news was; he told me it was as good as I could possibly wish; I did not see what he did with the paper he was writing upon, nor did I hear him say what he was writing about, he went away the first of us."
Now this man has been made a good deal the subject of comment; for it appears that he had gone down to Dover, and was, in some respect, waiting for news; there was a kind of reluctance in him to acknowledge that, in respect of which there need not have been any, for there is nothing whatever objectionable in his sending up paragraphs for the Traveller newspaper. I believe the publishers of these papers mostly have some persons stationed at the out-ports, to obtain intelligence of important events, and particularly so critical and anxious a moment as that was they would naturally have such persons at the port of Dover; there was nothing he should not avow; and if it was with the view to purchase in the funds, in consequence of the intelligence he should receive; if a man purchases funds upon public intelligence fairly and honestly comeby, when every body has an equal opportunity of acquiring it and the 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 allowable to deal in that article as in any other, upon equal terms; but the objection here is to a dealing which resembles the playing with loaded dice; if one plays with secret means 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 upon public and private property; and unless every species of depredation and robbery is to be regarded as a species of pleasantry, I think the name of hoax, which has been given to it, is very ill applied to a transaction of so dishonest and base a description.
Then Mr. 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 effect 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;from that gentleman."
William Ions says, "In February last I was in the service of Mr. Wright, of Dover; I was called up when the officer arrived there, and was sent with an express toAdmiral Foley; I took the letter I received to Admiral Foley; Mr. Wright gave me the letter whilst I was upon my pony; he came out to the door with it; and that letter which I received, I delivered to the Admiral's servant at Deal. She took it up stairs to the Admiral, and I saw the Admiral before I left Deal, after the letter was delivered to the servant, who took it up stairs." Therefore, whatever he received at Dover he delivered to the Admiral, and what the Admiral received we have here; there is an interruption in the proof certainly, in consequence of Wright, of Dover, not being well enough to be here as a witness; and therefore it did not appear by his testimony, that that which he, Wright, had received, Wright had delivered to his express-boy, to go over to Deal with; but that is supplied by the circumstance of De Berenger, if he was the person, telling Shilling, the Dartford driver, that he had sent off such an express; therefore it must be presumed that he had sent that letter which contained an express to the Admiral; and that which the Admiral received he shews you.
To supply that defect in the evidence, Mr. Lavie was called to say, that he believed it to be De Berenger's hand-writing; and though this does not appear to be the ordinary undisguised hand of this Defendant, yet after Lord Yarmouth, who had given his evidence that he did not consider it his hand-writing, referred to the letterR, the initial letter of Random de Berenger's christian name, he consideredthatas resembling his hand-writing, and you would observe, whether there was not such a resemblance as Lord Yarmouth mentions, if it were at all material; but it ceases entirely to be material, when he tells Shilling, as he does, that he had actually sent such a letter to the Admiral.
Admiral Foley is next called; he says, "The letter was brought to me, that that boy brought to the house; I was a-bed; I read the letter in bed; I did not mark it; Ienclosed it in a letter to Mr. Croker, the Secretary to the Admiralty; that is the letter; I sent it enclosed in this letter to Mr. Croker; I arose immediately, and sent for the boy into my dressing-room; I questioned the boy a good deal; I did not telegraph the Admiralty, because the weather was too thick; when I sent for the boy up, I had the letter in my hand; it was then three o'clock, and dark; the telegraph would not work; I had a candle, of course; I am not certain I should have telegraphed the Admiralty," and if he had seen reason to doubt, he would have acted very properly in abstaining from so doing; he could not communicate all that would excite the doubts he might himself entertain; he could only send a few words, indicating the most important particulars of the story which the letter contained, and therefore he might very properly hesitate about communicating any part, if he thought the whole contained doubtful, still more if untrue intelligence.
The evidence of Mr. Lavie is only that he believed this to be De Berenger's hand-writing; that he had seen him several times in the custody of the messenger in the month of April, and in the course of those interviews, he saw him write a considerable deal; he saw a whole letter which he handed across to him when he had written it, and it was given back and copied again, and for about an hour he was writing different things, and handing them backwards and forwards. He says, "I also saw his papers in his writing-desk, and I verily believe that to be his hand-writing, from what I saw him write." This is the evidence, and much less than this evidence, is what we receive every day in proof of bonds, notes, and bills of exchange; a person says, I have seen such an one write, and I belief that to be his hand-writing; and that is sufficient to launch it in evidence as primâ facie proof, leaving it to the other side to resist such proof, if they can.
Gentlemen, now we put this person in motion from Dover. Thomas Dennis is next called, who says, "I am a driver of a post-chaise in the service of Mr. Wright, at the Ship, at Dover. Early on the morning of the 21st of February, I drove the chaise from thence to Canterbury to the Fountain Inn; I drove only one person, it was a man; it was too dark to see how he was dressed; I had the leaders; he gave me and the other lad a Napoleon a-piece." He could not see the person; and there is identity only by the sort of specie in which he deals. "I sold it for a one pound note. I know the lads at Canterbury, who took him after me, Broad, and Thomas Daly; I saw Broad and Daly set off. There is nothing extraordinary in persons travelling day or night into Canterbury. I cannot say whether it might be the 20th or 22d; persons do not often give us Napoleons for driving them, I never had one given me before." No immaterial circumstance to induce a recollection of this particular traveller, nor (connected with similar evidence from other witnesses) to establish his identity.
Edward Broad, a driver of a chaise at the Fountain at Canterbury, says, "I remember the last witness coming to our house with a fare, early in the morning in February, I do not remember the day of the month, nor the day of the week; it was one gentleman came from the Ship at Dover; I drove the leaders—I drove to the Rose at Sittingbourn; the chaise went forward with four horses—he did not get out. Michael Finnis and James Wakefield drove him from thence; I did not receive any money from him, the other boy received the money, I had a Napoleon for my share." Till the day-light breaks, we have nothing to identify him in the course of his conveyance, but the Napoleons.
Then Broad, upon his cross-examination, says, "I have long lived at the Fountain, and have known Thomas Dennissome years; I do not know that I ever drove a fare that he brought before; I might; there are a great many boys from that inn at Dover; I have driven a single gentleman before, and sometimes a chaise and four." But upon re-examination, he says, "I never before received a Napoleon for it."
Michael Finnis, the driver of a chaise at Sittingbourn, says, "I remember the last witness bringing a gentleman in a chaise and four to our house, I did not take particular account of the time, it was early in the morning, it might be between four and five o'clock; I did not take particular notice, for I had no watch with me—it was dark; I drove him to the Crown at Rochester, Mr. Wright's house; I cannot say what time it was when we got there, we were not above an hour and ten minutes in going. The Gentleman got out there, and gave me two Napoleons, one for myself, and one for my fellow-servant; I took no particular notice of him; he had a pepper and salt coat on, and a red coat under that, I perceived, and a cap." So that this man took no particular notice of his countenance, but speaks to his dress and his appearance, as the other witnesses do.
Mr. Wright, who keeps the Crown Inn at Rochester, who saw him in the house, speaks with much more particularity; he says, "I remember a chaise and four from Sittingbourn arriving at my house on the morning of the 21st of February, I remember that was the day; it was a tall person, rather thin than otherwise, who came in the chaise; he had a pepper and salt great coat, with a military scarlet coat under it; the upper coat was nearer the colour of that coat, than any thing I could state (pointing to the coat on the table); the scarlet military coat he had under that, was very much trimmed with gold lace down the front, as it appeared by candle light, and a military cap with broad gold lace round it; it appeared to me to be cloth or fur, it appeared to be nearly the colour of thegreat coat." The cap does not appear to have any resemblance to the great coat, but in all other respects his description seems to be right. "On the military coat, there was a star, and something suspended, either from the neck or the button, I do not know which, something which he told me was some honour of a military order of Russia;" it turned out to be a masonry order. He is shewn the star, and he says, "it had very much the appearance of that sort of thing. I suppose I was in conversation with him about ten minutes; it was about half past five when the chaise drove into the yard; during those ten minutes I was getting some chicken for him, in our bar parlour. I was called up by the post-boy of my brother at Dover, I went into the yard, and found a gentleman looking out at the front window of the chaise, and he said, he was very hungry, could he get any thing to eat? that he had ate nothing since he left Calais; I asked him, if he would have a sandwich, as I supposed he would not get out of the chaise; he said he would get out, and he did get out, and I took him into our bar parlour; when he got there I said, I am led to suppose, that you are the bearer of some very good news to this country;"—a very natural overture to conversation on the part of an innkeeper, and to extract a little intelligence from him; "he said, he was, that the business was all done—that the thing was settled; I asked him, if I might be allowed to ask him what was the nature of his dispatches? he said, he is dead; I said, who? he said, the tyrant Bonaparte, or words to that effect, I believe these were the exact words; I said, is that really true, Sir." Upon which this gentlemen seems to have been piqued at having his veracity questioned, and said, "if you doubt my word, you had better not ask me any more questions;" in answer to which, Wright, not being willing to have his curiosity unsatisfied, said, "I made an apology for doubting the veracity of his story,and asked him, what were the dispatches? he said, there had been a very general battle between the French and the whole of the allied powers, commanded by Schwartzenberg in person; that the French had been completely defeated, and Bonaparte had fled for safety; that he had been overtaken by the cossacks, at a village which I think was called Rushaw, six leagues from Paris; that the cossacks had there come up with him, and had literally torn him in pieces; that he had come from the field of battle from the emperor Alexander himself, and that he either was an aide-de-camp of the emperor, or of one of his principal generals." Now the account he gives, tallies almost in terms with the letter which had been sent off to Deal; so that there is another proof of the identity of this person, and a connexion of him with this letter sent to Admiral Foley. Then he adds, "He told me, that the allies were invited by the Parisians to Paris, and the Bourbons to the throne of France. That was pretty well all the conversation that passed; he ate very little, if he did any thing—he said he was very cold; I asked him, if he would take any brandy? he said, no, he would not, for he had some wine in the carriage;" it turned out that it was so. "He enquired what he had to pay? I told him, what he had had, had been so uncomfortable, I did not wish to take any thing for it; he did not accept of that, he threw a Napoleon on the table, and desired me to take that for what he had himself taken, and wished me to give the servants something out of it, he meant the whole of the servants, for when he got into the chaise, the ostler asked for something; and he told him, that he had left something with his master, out of which he might be paid. He went away in the same chaise that brought him, with four horses. James Overy and Thomas Todd, were the persons who drove him." Mr. Wright had proceeded thus far, and then he looked round the court, andfixing upon De Berenger, said, "I believe that is the person; I have no doubt—it is certainly the gentleman; I had never seen him before, or since." This undoubted identification of person, is almost peculiar to this case; I never saw a case in which so many persons turned into the court at large, recollected a man at once, and with so much certainty.
Upon his cross-examination, he says, "I never saw the gentlemen before nor since till to-day; he wore a large cockade, very dirty, as if it had been worn a long time;" then he produced the Napoleon; and he says, "upon looking at him, I am sure 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 Monday; I do not remember the day of the month. I drove him to Dartford, to the Granby; he had on a grey mixture coat; a red coat like an aid-de-camp, adorned with a star, very 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. When I came to Dartford, it was ten minutes before seven; it was day-light two miles before we came to Dartford. I am not sure I should know the person again; he gave me two Napoleons, and he paid me five £.1. notes, and a shilling for mine and the Dartford horses, and the turnpikes; he gave us a Napoleon a-piece. Thomas Shilling and Broad took him from Dartford."
On cross-examination, he says, "the cap was such a cap as officers wear in a morning, slouched down, I think the top of the cap a little turned down; I did not observe the colour."
William Tozer, the next witness, says, "I keep the Crown and Anchor at Dartford; I remember Jem Overy bringing a fare to a house in our town on a Monday about the 21st of February, and the person I took notice of wassitting in the chaise. I made my obedience to the gentleman in the chaise, hoping that he had brought us good news; he said he had, and that it was all over; that the allies had actually entered Paris; that Bonaparte was dead, destroyed by the cossacks, and literally torn to pieces." Here again is the same account in effect which is contained in the letter to Deal, given by word of mouth, "and that we might expect a speedy peace. During the conversation, I saw him give Overy two gold pieces, which afterwards proved to be French pieces; I had them in my hand. I saw enough of the person in the chaise, to be positive I should know him if I saw him again." This was the witness, who looking round, did not find the Defendant; to be sure, the Counsel might have asked him whether that was the person; but from delicacy that was not done, which was certainly an unnecessary delicacy upon such a subject.
Thomas Shilling, the chaise-driver from Dartford, says, "I remember taking up a gentleman who came in a chaise and four to Dartford, I believe it was on the 21st of February, it was on a Monday. I had the wheel-horses. On our road to London, he discoursed with me a good deal; the waiter at Dartford, at the Granby, first spoke to him, asking him whether he brought any good news; the gentleman said, yes, it was all over; Bonaparte was torn in a thousand pieces; the cossacks fought for a share of him all the same as if they had been fighting for sharing out gold; and the allies were in Paris. We were ordered to go on; we had gone to Bexley before the gentleman spoke; the gentleman then told me not to hurry my horses, for his business was not so particular now, since the telegraph could not work. I told him, I thought the telegraphs could not work, for I knew almost every telegraph between Deal and London. He then said, "postboy, do not takes any notice of the news as you go along;"I told him I would not, unless he wished me to do so; he said, I might tell any of my friends as I returned, for he durst to say they would be glad to hear it; he said he had sent a letter to the Port Admiral at Deal, for he was obliged to do so;" therefore you have him, unless this be a premeditated falsehood in the evidence of this man, Shilling, authenticating the fact of the letter from Dover; "he said that he had walked two miles when he came ashore at Dover, before he got to the Ship Inn; that the Frenchmen were afraid of coming any nigher to Dover, for fear of being stopped." Where he got into Dover, or how, we do not hear; of the points of the outward voyage we know nothing; of the homeward we have a pretty good account of all the places where he touched, &c. "then we drove on till we came to Shooters Hill; when I got there, my fellow-servant and I alighted, and the gentleman gave us part of a bottle of wine; he said we might drink, because he was afraid the bottle would break; he gave us some round cakes also. I chucked the bottle away, and handed the glass again into the chaise; he told me that I might have it; he then said, "postboy, you have had a great deal of snow;" I said, "we have;" he said, "here is a delightful morning, postboy; I have not seen old England a long while before;" then he asked me which was the nearest coach stand; I told him at the Bricklayers Arms; he told me that would not do, it was too public, he was afraid somebody would cast some reflections, and he should not like it." It was bringing him very nearly within the vicinity of the King's Bench, where it should seem his countenance was better known than he liked it to be. "I told him I did not think anybody would do that, they would be too glad to hear of the news; he asked if there was not a hackney-coach stand in Lambeth; I said "yes," he said "drive me there.""
Now it has been observed he points his direction towards Lambeth, and the other express, it seems, that went through the city, which has been called the Northfleet expedition, is ordered not to go Lambeth, but to Lambeth Marsh. The learned Counsel has remarked, that they are not ordered to the same point at first, and that it would have been a strong confirmatory point, if they had been so; but there is to a great degree an identity of direction, an identity of object, and something like an identity of disguise in military uniform; "he said, drive me there, postboy, for your chaise will go faster than a hackney-coach will. I drove him to the Three Stags in the Lambeth road; there was no hackney-coach there. I ordered my fellow-servant to stop, and looked back, and told the gentleman there was no coach there; but that there was a coach stand at the Marsh Gate." So that the Marsh Gate arose incidentally, and was not his original plan; "and if he liked to get in there, I dared say nobody would take any notice of him; I think he pulled up the side blind, that had been down before all the way; when I got there, I pulled up along side to a hackney-coach; I called the coachman, and the waterman opened the coach door, and I opened the chaise door; the gentleman stepped out of the chaise into the coach without going on the ground;" the question which produced this answer was put with a view to something adverted to, as published upon the subject, in which some evidence was supposed capable of being opposed to the story of the driver, in this particular, who, however, relates it plainly and naturally, and is confirmed by the waterman, who was there at the time; "he then gave me two Napoleons; he did not say one was for my fellow-servant, and the other for myself, but I concluded that it was so; I have got them here," and he produces them; so that it does not appear that he has distributed this gentleman's bounty, but he isstill a trustee for his fellow-servant. "I did not," he says, "hear him tell the coachman where to drive to. The name of the coachman is Crane. I know the person of the waterman very well. The gentleman was dressed with a dark fur round cap, and with white lace, and some gold round it; whether it was gold or silver I cannot say; he had a red coat on underneath his outer coat; I think his outer coat was a kind of a brown coat, but I will not swear to that; I saw a red coat underneath it, down as far as the waist; I did not see the skirts of it; I think it was turned up with yellow, but I should not like to swear that; it had some sort of a star upon it. I think upon his outer coat there was a kind of white fur; but I should not like to swear to that. I should know him in a moment. I have seen him and knew him again; that is the gentleman (pointing to him); I have no doubt. I saw him once before in King-street, Westminster, in a room; I knew him then the moment I saw him; I never had the least doubt about him; the moment I saw him I knew him."
Upon his cross-examination, he says, "I was not told this morning in what part of the court he sat; I looked round the court when I came in, and saw him immediately; I never saw him before February." He is asked about a reward that was offered by the Stock Exchange, he says, "I heard of it the day it was printed, two or three days after this transaction happened. I remember a club at Dartford, called the hat club; I was there;" and then there is some foolish story about his laying a wager there; but as there is no evidence brought to impeach his testimony upon the grounds to which the cross-examination went, it is unnecessary to pursue that part of the examination further; he says "Lambeth Marsh is not far from the Asylum. I went there for the purpose of getting a coach;that he says(pointing to Bartholomew)is the waterman."
Then William Bartholomew the waterman is called; he says "I am a waterman attending the stand of coaches at the Marsh Gate; I know Shilling by seeing him come up with post chaises; he is a Dartford chaise-boy. I remember his coming with a chaise on the 21st of February; there were four horses, and there was a gentleman in it; it was between nine and half past nine in the morning; there was only one coach on the stand; one Crane drove the coach; I saw the gentleman get out of the chaise into the coach, he stepped out of the one into the other; I opened the door, and let down the step for him; he had a brown cap on, a dark drab military great coat, and a scarlet coat under it; I only took notice of the lace under it. The gentleman ordered the coach to drive up to Grosvenor-square; I do not remember that he told me the street in Grosvenor-square. I really think that is the gentleman, it is like him; dress makes such an alteration, that I cannot with certainty say."
Then Mr. Richard Barwick says, "I am a clerk to Messrs. Paxtons and Co. bankers, in Pall Mall. I remember passing by Marsh Gate on the morning of Monday the 21st of February. I observed a post-chaise with four horses, it had galloped at a great rate; the horses were exceedingly hot, and I saw a man getting into a hackney coach; I followed it, and saw it as far as the Little Theatre in the Haymarket; I wanted to know what the news was." Being a banker's clerk, it was natural he should wish to know what the public news was. "I observed the coach passed the public offices in the way." It appears, that he was a little surprized at this person not stopping to communicate his news at those offices. Whether he suspected him or not, he does not say; but observing that he stopped at none, and it being time for him to go to the banker's shop, he did not think it worth while to pursue him any further. This was aboutnine o'clock, as he supposes, that he left him in the Haymarket. Then he says, the gentleman had a cap on with a gold band, such as German cavalry use at evening parade; this appears to me something like it.
Then William Crane, the coachman, says, "I remember on Monday morning the 21st of February, taking up a fare at Marsh Gate from a post-chaise and four from Dartford. 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 No13, Green-street; the gentleman got out there, and asked for a colonel or a captain 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 4s.; I asked him for another." Hearing that Napoleons had been distributed to drivers, he thought that a hackney-coachman might ask for a little more of his bounty than he at first received. "He took a portmanteau that he had, and a sword, went in and came out again, and gave me another shilling. The portmanteau was a small black leather one; I saw that gentleman in King-street, Westminster, at the messenger's house. I think this is the gentleman here; when I saw 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 to Mr. Wood's, the messenger of the Alien Office, for the purpose of seeing him; I walked down stairs, and met the gentleman coming up stairs, and I thought he was something like the gentleman I had carried; I do not know every person I carry in my hackney-coach; this person, when I got to Green-street, I saw had a red coat underneath; the waterman opened the coach-doorfor him to get in." So that he was within view of the waterman. "He had on a brown grey great coat, with brown fur cap."
Now, gentlemen, he is brought to the house of Lord Cochrane; further evidence arises afterwards upon the subject of his being there.
We will at present follow the dress to its conclusion. George Odell, a fisherman, says, "In the month of March, just above Old Swan stairs, off against the Iron Wharfs, when I was dredging for coals I picked up a bundle, which was tied up with either a piece of chimney line or window line, in the cover of a chair bottom; there were two slips of a coat, embroidery, a star, and a piece of silver, with two figures upon it; it had been sunk with three pieces of lead and some bits of coal; I gave that which I found to Mr. Wade, the secretary of the Stock Exchange; it was picked up on the Wednesday, and carried there on the Saturday. I picked this up on the 24th of March." You have before had the animal hunted home, and now you have his skin, found and produced as it was taken out of the river, cut to pieces; the sinking it could have been with no other view than that of suppressing this piece of evidence, and preventing the discovery which it might otherwise occasion; this makes it the more material to attend to the stripping off the clothes which took place in Lord Cochrane's house. When he pulled off his great coat there, what must he have displayed to his Lordships eyes, if present at the time? Did he display the uniform of the rifle corps? The uniform of the rifle corps is of a bottle-green colour, made to resemble the colour of trees, that those who wear it may hide themselves in woods, and escape discovery there; that is, I presume, the reason of their wearing that species of uniform, and as to the idea suggested in Lord Cochrane's affidavit, that his exhibiting himself in that uniform would be deemed disrespectful to LordYarmouth. Lord Yarmouth has told us, that on the contrary he should have thought it a matter of respect to him, and proper as his officer, to have appeared before him in that very dress.
The account that is given of this man's pulling off his dress, as contained in the affidavit of Lord Cochrane, is highly deserving of your attention. It is a rule of law, when evidence is given of what a party has said or sworn, all of it is evidence (subject to your consideration, however, as to its truth) coming as it does, in one entire form before you; but you may still judge to what parts of this whole you can give your credit; and also, whether that part, which appears to confirm and fix the charge, does not outweigh that which contains the exculpation. Now I will state to you, what is Lord Cochrane's affidavit; it may as well come in now in this period, as in the later period in the cause; it was produced in the pamphlet published by Mr. Butt, and is prefaced by Lord Cochrane thus, "Having obtained leave of absence to come to town, in consequence of scandalous paragraphs in the public papers, and in consequence of having learnt that hand bills had been affixed in the streets, in which I have since seen it is asserted, that a person came to my house at No. 13, Green Street, on the 21st day of February, in open day, and in the dress in which he had committed a fraud; I feel it due to myself to make the following deposition, that the public may know the truth relative to the only person seen by me in military uniform at my house on that day." Now it is material to observe, this affidavit first introduced the name of De Berenger in any public document; whether it was known privately at any earlier period we are not informed, the date of it is the 11th of March. The Davidsons have informed you, that the day he finally disappeared was the 27th of February, (Mr. Cochrane Johnstone having called and left a letter, for what purpose we know not, on the 26th,) he appears to have very soon got to Sunderland, and might, on the 11thof March, the date of this affidavit, be reasonably supposed to have been out of the kingdom.
It is in evidence, that when De Berenger was taken, there was found in his writing-desk part of the produce of the exchange at the bank of four £.100 notes, two of the bank notes of £.200 being changed first into two £.100 notes, and then into ones; the whole are identified by the clerks of the bank; sixty-seven the produce of one £.100; forty-nine identified as the produce of another, and seven the produce also of one of those; there are traced to him likewise a £.50 and a £.40; the £.50, traced by the evidence of Smith to-day, the evidence upon that subject being deficient yesterday, I stopped them short, because I thought that the entry of the mere initials W. S. and £.50, did not afford distinct and sufficient proof that the person meant by those initials was William Smith, and that the £.50 was a sum which had passed between Wm. Smith, Mr. De Berenger's servant, and him, 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, which was changed as will appear in the evidence, when that part of it is stated to you. Originally the £.470 draft had been laid down before and paid to Lord Cochrane; it had afterwards got into the hands of Mr. Cochrane Johnstone and of Mr. Butt, for there appeared to be such a communication between the parties, that you cannot say from whom ultimately it proceeded, but it had been in some sort in the hands of all, and the produce of this check, originally paid to Lord Cochrane, is found in the desk of this man.
I have been led aside by reading the affidavit to these observations on the dates. To return, the affidavit was, as I have already stated, sworn March 11th 1814, by which time it might well be supposed that De Berenger, if he made proper speed, had got out of the kingdom. The affidavit proceeds thus; "I, Sir Thomas Cochrane, commonly called Lord Cochrane, having been appointed by the LordsCommissioners of the Admiralty to active service, (at the request, I believe, of Sir Alexander Cochrane) when I had no expectation of being called on, I obtained leave of absence to settle my private affairs, previous to quitting this country, and chiefly with a view to lodge a specification to a patent," there is no doubt that patent exists, and that there is a true transaction as to the patent; but whether it be introduced here as a colour, and to draw off your attention from other matters is another point. "That in pursuance of my daily practice of superintending work that was executing for me, and knowing that my uncle, Mr. Cochrane Johnstone, went to the city every morning in a coach, I do swear, on the morning of the 21st of February, (which day was impressed on my mind by circumstances which afterwards occurred) I breakfasted with him at his residence in Cumberland Street, about half past eight o'clock, and I was put down by him (and Mr. Butt was in the coach) on Snowhill, about ten o'clock," therefore these three gentlemen who had so much to do on that day, were brought together, and had an opportunity of communicating together at least at this time. They go on to the city together, after having, it may be supposed had so much of communication together as was necessary for the current business of the day, whatever that business was. "I had been about three quarters of an hour at Mr. King's manufactory, 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 affixed, from being Written close to the bottom, I could not read;" that was certainly 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 in all probability have been written at the bottom, for he had finished the note once, and when it was sent back to him there was space enough still left for him to write somethingmore; for the servant says, he added something more afterwards, therefore it was not from its being crowded at the bottom, unless it be, that he had not signed any name till quite the last, and after he had written the addition which Lord Cochrane mentions, "the servant told me, it was from an army officer, and concluding that he might be an officer from Spain, and that some accident had befallen to my brother, I hastened back, and I found Captain De Berenger." Now certainly, his anxiety about his brother, if true, was a very good motive for his returning, but I addressed some questions to the witness on this subject; I thought it very likely if that was the motive which induced Lord Cochrane to return, that he should have disclosed that motive to the person who brought the note, especially as he was a servant who had been seventeen years in the family; nothing could be more natural than to say, "Thomas, I hope there is no bad news from my brother, your old master;" no such thing passes, but—"Well, Thomas, I will return," is all that he says to him; he does not mention any thing about any apprehension as to his brother. His brother, as appears 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 actually 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 apprehension about his brother, or any mention of his health or of him, but came back immediately on receiving this note. Now, with the acquaintance he had with De Berenger, no doubt such application had been made to get him appointed as is proved; and he must have been, one would suppose, familiar with his hand-writing; andif so,he could have had no doubt who was the person from whom he received this note, and whom he was to meet when he should get home; but he says, "I found Captain De Berenger, who, in great seeming uneasiness, made many apologies for the freedom he had used, which nothing but the distressed state of his mind, arising from difficulties, 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 unpleasantly circumstanced on account of a sum which he could not pay; and if he could, that others would fall upon him for full £.8,000. He had no hope of benefitting his 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 I knew Sir Alexander Cochrane had approved of;)" and there is no doubt that Sir Alexander Cochrane had, on some application of Mr. Cochrane Johnstone or Lord Cochrane, applied for him, but that for reasons not communicated to us, such application had not been successful, 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 obtaining an 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 impossible; my cabin was without furniture; I had not even a servant on board. He said he would willingly mess anywhere; I told him that the ward-room was already crowded; and besides, I could not with propriety take him, he being a foreigner, without leave of the Admiralty. He seemedgreatly hurt at this, and recalled to my recollection certificates which he had formerly shewn me from persons in official situations; Lord Yarmouth, General Jenkinson and Mr. Reeves, I think, were amongst the number; I recommended him to use his endeavour to get them or any other friends to exert their influence, for I had none; adding, that when the Tonnant went to Portsmouth, I should be happy to receive him; and I knew from Sir Alexander Cochrane, that he would be pleased if he accomplished that object; Captain Berenger said, that not anticipating," now this is very material, "any objection on my part, from the conversation he had formerly had with me; he had come away with intention to go on board and make himself useful in his military capacity; he could not go to Lord Yarmouth, or to any otherof his friends in this dress;" what is the dress that Lord Cochrane represents as then belonging to him? a green dress? had he a green dress? he must have had that dress with him whatever it was in which he had come in the coach; he says that would excite suspicion; why, if he had really a green uniform, that would not have excited observation or suspicion; it was the very 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 he had any means of shifting himself; if he had on an aid-de-camp's uniform with a star, and so presented himself to Lord Cochrane, how could Lord Cochrane reconcile it to the duties he owed to society, and to Government, and to his character as a gentleman and an officer, to give him the means of exchanging it; it must be put on for some dishonest purpose; this red coat and star, and all this equipment, must have appeared most extraordinary, and must have struck Lord Cochrane most forcibly, if he was not aware of the purpose for which it was used; "that he could not go to Lord Yarmouth, or to any other of his friends in this dress, or return to his lodgings, where it would excite suspicion(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 circumstances, however, he must use a great liberty, and request the favour of me to lend him a hat to wear instead of his military cap. I gave him one which was in a back room, with some things 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 that was laying on a chair, and which I did not intend to take with me. He put his uniformin a towel, and shortly afterwards went away." If he put that uniform in a towel, he must have pulled it off his back, for it was on his back before, and then Lord Cochrane, one would think, must have seen him do it; what business had this man with a red aid-de-camp's uniform? he had no business to wear any such garb, he was almost as much out of his proper character, as I should be if I appeared habited in the particular dress and professional habits of an officer or a clergyman; but it does not rest there, for he himself lends to this person the immediate means of his concealment, he lets him have a hat instead of hislaced cap; and what had such a cap to do with a sharpshooter's uniform? upon seeing him appear habited as all the witnesses represent him to have been in his way from Dover to Green-street, Grosvenor-square, would not any one who had known him before have immediately exclaimed, where have you been, and what mischief have you been doing in this masquerade dress. It is for you, gentlemen, to say whether it is possible he should not know, that a man coming so disguised and so habited if he appeared before him so habited, came upon some dishonest errand, and whether it is to be conceived a person should so present himself to a person who did not know what that dishonest errand was, and that it was the very dishonest errand upon which he had been so recently engaged, and which he is found to be executing in the spreading offalse intelligence, for the purpose of elevating the funds, if he actually appeared to Lord Cochrane stripped of his great coat, and with that red coat and aid-de-camp's uniform, star 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 I had forgotten to discharge in the haste I was in. The above conversation is the substance of all that passed with Captain De Berenger, which, from the circumstances attending it, was strongly impressed upon my mind; 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;" which I suppose will be read, "of the members of the Stock Exchange; I further aver, that I had no concern directly or indirectly in the late imposition, and that the above is all that I know relative to any person who came to my house in uniform, on the 21st day of February before alluded to, Captain De Berenger wore a grey coat, a green uniform, and a military cap;" now did he wear a green uniform? They are at issue upon the dress then worn by him; if he had not this dress on, what other had he? And if he had the green one on, what true or probable reason existed for the change of that? 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 disguise, it is the conduct of an accomplice, to assist him in getting rid of his disguise, to let a man pull off at his house, the dress in which (if all these witnesses do not tell you falsely) he had been committing this offence, and which had been worn down to the moment of his entering the house, namely, the star, a red coat and appendant order of masonry, seems wholly inconsistentwith the conduct of an innocent and honest man, for if he appeared in such an habit, he must have appeared to any rational person, fully blazoned in the costume of that or of some other crime, which was to be effected under an assumed dress, and by means of fraud and imposition; this circumstance is therefore very important for your consideration; the judgment to be formed upon it must rest with you, and you will no doubt consider, whether supposing him to have appeared before Lord Cochrane, dressed as the witnesses represent him to have antecedently been, the circumstance of his so appearing in a dress proper for the commission of such a fraud, as appears to have been committed on that day, by attracting a false belief of the person being a messenger bringing 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 scheme of 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 produced by Odell), 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 Odell a bundle, said to be found in the river, which was given to Mr. Lavie; the star was then in two pieces, and was afterwards sewn together, for the purpose of being exhibited."
Then Solomons, who originally sold the dress, is called; he says, "I am a military accoutrement-maker; we have a shop at Charing Cross, and another at New Street,Covent Garden. On Saturday the 19th of February," the very day before this is put into execution, with the intervention of the Sunday; "a military dress was purchased at my house; a military great coat and foraging cap made of dark fur, with a pale gold border; I have since had a cap and a coat made exactly resembling them, as nearly as I could possibly recollect." He had them made I suppose in order to exhibit them. "The person purchased at our house in New Street, something which came to Charing Cross shop, as being ordered at New Street, and the person came to Charing Cross and took it away; there was a military great coat, a military staff coat, such as persons on the staff wear, the uniform of an aid-de-camp. I have examined the fragments, the star and the badge, I believe those to be the same, we had the very fellow-star 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 part of the same materials, the same description of embroidery, the same description of coat; I had a conversation with respect to the great coat, and also the cap; he observed that they were wanted for a person who was toperform the character of a foreign officer, they were to be sent into the country that evening, he took them away with him in a coach, he had a small portmanteau with him;" 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 was conversing with him for a short time, I have been since introduced to a person at the Parliament-street coffee house; I cannot undertake to say it was the person, in point of appearance he resembles him, except that the person I served had whiskers." Now if yourecollect the history of the whiskers, it is established that he had worn whiskers, though the woman who endeavoured to make us believe that he slept at home on the Sunday night, said she had not so much as observed (though she had been his servant two years and a half) whether he had any whiskers. It appears to me that is a circumstance in the countenance of a person which one would very much observe; he says, "the person I saw in Parliament-street had not whiskers;" he then looked at Mr. De Berenger, and said, "this is the person I was introduced to at the coffee house in Parliament-street; I really cannot undertake to swear that he is the person, the gentleman that represented himself to be Mr. Wilson, was dressed in a different manner, he had black whiskers, and from that circumstance I could not possibly undertake to swear it was the same person, it resembles the person, except that the person I served had whiskers, I cannot say that I believe it is the person, or that it is not."
Mrs. Abigail Davidson, the woman with whom Mr. De Berenger lodged, is then called; she says, "In the month of February last I resided in the Asylum Buildings, near to the Asylum; the house is within the Rules of the King's Bench. Mr. De Berenger lodged with me; he finally quitted my house on the 27th of February, on a Sunday. I do not remember where he was on the Sunday before that, I did not see him on the morning of that Sunday; I cannot say whether he slept at home that night, we never attended to the door; I usually heard him in the morning, I did not hear him as usual on the morning of the 21st; I used to hear the bell ring for the servant, more than once; he occupied the whole of the upper part of the house, I and my husband had the two parlours. I heard him also occasionally playing the violin and trumpet, and he used to walk about; he then wore whiskers. I generally heard his bell; I did not see him come home onthe Monday; I saw him in the evening, about half past five; I had heard him in the afternoon. He quitted my house on the Sunday after; I remember a gentleman calling on the Saturday night, the day before he quitted, with a letter; I have since seen that gentleman again, I saw him at the Temple; Mr. Lavie 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 on the 26th of February. Mr. De Berenger had two servants of the name of William Smith, and his wife; when he dined at home, his servants attended him; on Sunday the 20th, I cannot say whether he dined at home; his usual dinner hour was about four. I think his servants went out about two or half past on that Sunday." If you remember, Smith and his wife swear to De Berenger's going out about four on that Sunday, and Smith says, that he and his wife went out soon after; this woman swears, that they went out at two or half past. "There was a private place where the key always hung, for the accommodation of Mr. De Berenger, and as the key was always under the care of Smith, I did not see where the key was put that evening."
On her cross-examination she is asked, what Sunday it was that these servants went out to dinner at two or half past? she says, "On Sunday the 20th, about eleven o'clock, I heard my husband observe, De Berenger was gone out; I cannot say whether he slept from his bed on Sunday the 20th; I sleep in the back parlour. I have heard him trumpet by nine o'clock, not by seven. I had no call to look after him on any morning."
Upon her re-examination she says, "My husband observed to me, our lodger is gone out with a new great coat on." So that he is, for the first time, observed by them in that great coat on that Sunday.
Mr. Lavie says, the person Mrs. Davidson saw at theTemple getting out of the hackney coach, was Mr. Cochrane Johnstone, that she said she believed that the person who was striking the Jury, and who was Mr. Cochrane Johnstone, was the person who brought the letter on the Saturday.
Mrs. Davidson, on being called again, and further cross-examined, says, Mr. Lavie desired me to attend to see a gentleman; I was told Mr. Cochrane Johnstone was to be there; I will not swear that the person who left the letter was Mr. Johnstone. I had a conversation about the person with Smith, Mr. De Berenger's servant.
Then Mr. Launcelot Davidson, the husband of the last witness, is called; he says, "Mr. De Berenger lodged in my house; he quitted my house finally on Sunday the 27th of February. The Sunday before that, I saw him go out before eleven (that was on Sunday the 20th); I had been out before; I was waiting to hear the Asylum clock strike eleven; I saw him go out, I had seen him come in ten minutes before; when he came in, he had a plaid cloak on, which he had worn the winter; when he went out, he had a great coat of that colour (pointing to the grey coat produced by Solomon); as he went, I observed to my wife, there goes our lodger, he has a new great coat on; he did not come home again at all during that day, that I saw or heard; I did not see or hear him the next morning 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 homeat 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 conversation took place with the Smiths afterwards, respecting that Sunday night." Now to be sure it is a most obvious thing, thatif he had been in town at that time, nothing could be so easy as to have proved where he dined; and probably those who might have been called to prove that fact, would have been persons of a better description than Donithorne, Tragear, and the other persons called, to give an account of him on that day.
On 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 applies to the Northfleet part of the transaction.
Mr. Vinn says, (and to be sure it is an odd story he tells); "in consequence of a note left at my house, dated the 14th of February last, I went to the Carolina coffee-house on the 15th, where I met Mr. M'Rae, in company with an elderly 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 long time, and that he thought he had now an opportunity of making my fortune; that he knew from the knowledge I had of languages, I should have an opportunity of benefiting others and myself; I asked him what the object was; he said not to travel abroad, but probably at home, and that almost immediately; that it was a scheme that he had in contemplation, to be employed by men of affluence and consequence, and that no man was more competent than myself; he said there was no moral turpitude in the business, but that it was practised daily by men of the first consequence." What M'Rae says, is, you will observe, evidence criminally only as against himself; because what heconfesses, is not evidence to affect others. What hedoes, may affect others as parties to the conspiracy; but what hesayscannot affect others; "that it was only biting the biters,or in other words, a hoax upon the Stock Exchange; and that by going down to Dartford, Folkestone or Dover, I should receive instructions." So that in his communications, Dover is mixed with Dartford, as the probable destination to which the parties to this business might be sent; "that it was necessary to have for himself and me, two dresses of French officers;" so that dresses similar to that in which the Dover plan was executed, were in his contemplation. "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; I expressed myself rather loudly, as offended at it; he endeavoured to hush me, saying, hush! that we might be overheard. He took me up Cornhill, where I left him; I told him if he would go with me to another coffee-house, I would introduce him to a person who, though I would not undertake the business, might do it. I took him there; it was the Jamaica coffee-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 sentences, sentences such as Vive le Roi, Vive les Bourbons, Vive Louis Dix huit; I gave him those terms in writing;" so that he might play off those terms, to assist in the prosecution of this business. A letter is then shewn to the witness; he says "this is the letter I received from M'Rae; it is his hand writing." The letter is in these terms, "Mr. Vinn, Please to meet me at the Carolina coffee-house, about eleven to-morrow, upon very particular business, yours," so and so.
On his cross-examination, he says, "I am an accountant;I have been acquainted with M'Rae five years and a half. I never bought and sold as a broker; I had been in business myself; there was no person to hear the conversation I have stated. I communicated this at the Stock Exchange to Mr. Rothery, and mentioned it publickly on the 15th, and that I had refused it; my object was not to get another person really to undertake the business, but to furnish myself with a confirmatory witness."
Sarah Alexander is called, and she proves very material circumstances as to the preparation for this North-fleet expedition, to take place at the same period of time as that from Dover. She says, "I live at Fetter-lane; I have lived there ever since last September. I know Mr. M'Rae; he lodged on the same floor that I did; he is a married man; his wife lived with him; on Saturday the 19th of February, he came to my room." The other military uniform, you will recollect, was purchased on this very same day for the Dover scheme: "He brought a small parcel, and gave it to his wife; he said it was of value, and bade her take care of it. He went out on Sunday the 20th; he went out between ten and eleven, and returned before twelve, and brought with him two coats and two opera hats; they were inclosed in a bundle; I saw the coats; they were very dark blue, done with braiding; they were officers coats; the flowers were of worsted embroidery; they were flat hats; one coat was lined with white silk; one coat and one hat was better than the other; the one had a brass plate and gold tassel; he put them on, and walked about, and asked whether he did not look like an officer." So that he was representing and playing this character before-hand: "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; his wife asked what he was going to do with them; he said, to deceive the flats." So that he not only exhibits thematerials by which he was to effect the fraud, but avows the object, "to deceive theflats;" that is, I suppose,credulous persons. "He put the cockades into his pocket, and the hats and coats in a bundle, and went out, saying he must be at Billingsgate, to start at two by the Gravesend hoy. The next day, I met him a quarter before two in Cursitor-street; he was dressed the same as he went out, in his own clothes; he had apparently the same bundle; he brought home one coat and one hat; the best coat and hat were in the bundle; he said he had slept at North-fleet, but he had the appearance of not having been a-bed at all; he brought home the cockades in his pocket; he appeared very tired: His wife unripped the cockades, and took the white lining out of the coat, and carried it to the dyers to be dyed black." Then she says, "From December to February we lodged together; we kept but one fire, and lived a good deal together; he was in a state of great indigence, and never had any money except a shilling or an eighteen-penny piece now and then; after the North-fleet expedition, he had a £.10 and a £.1 note, and the day before he finally left his lodgings, he had three £.2 notes; he finally left his lodgings on the 2d or 3d of March. On Sunday the 27th of February, he bought a new coat and a new hat; on Monday the 28th, he said he was to have £.50 for what he had done; he wished when he went away finally, for nobody to know where he was going; and I wished not to know." On the 2d or 3d of March this gentleman disappears as the other De Berenger had done on the 27th; such were the nearly contemporaneous and similar actings of these parties. Both of them on Saturday are making preparations for a scheme which is to operate on London at the same period; you will consider whether there was not a communion of purpose in these persons, whether they did not conspire to produce a common end,though they might not particularly know how the others were co-operating with them at that time; in short, whether there might not be one master workman, who played the puppets in both directions. Then you have the course of the Northfleet people.