Philip Foxall, (the next witness), says, "I keep the Rose Inn at Dartford;" a letter was shewn to him, he says, "I received that letter from Mr. Sandom, I knew him by his frequently having chaises from my house." That note is one in pencil, ordering a chaise, "please to send me over immediately, a chaise and pair to bring back to Dartford, and have four good horses ready to go on to London with all expedition." "I sent a chaise over to Northfleet, and had horses ready, as the letter advised me; the chaise on its return drove furiously into my yard, with Mr. Sandom and two gentlemen with white cockades, and large flat hats, quite plain, except white ribbon or paper, and blue clothes, I cannot say whether they were plain. I forwarded them with four horses. I asked Mr. Sandom whether they would breakfast; he said no, they have breakfasted at my house, they have been out in an open boat all night, and are very much fatigued; I asked who are they? Sandom said he did not know, but they had news of the utmost consequence, and begged I would let them have good horses; they ordered a chaise and horses for Westminster."
On his cross-examination he says, "I think I must have received the note about seven o'clock in the morning; the chaise with Sandom and the other gentlemen came back in about an hour. I was surprised to see it in so short a time. I only know Sandom by his having chaises at my house to Northfleet. I understood he lived there; he had been in the habit for nine months before that, of occasionally having horses from my house." This evidenceintroduces Mr. Sandom in this chaise, with these persons in this assumed garb, and presents him therefore as acting in this purpose.
Foxall Baldry is next called; he says, "I am a post-boy at the Rose at Dartford; on the morning of the 21st, I recollect a chaise coming from Northfleet to our house; I have seen one of the gentlemen since; I did not know Mr. Sandom personally at the time; he was one of those persons; I did not know the other two; I drove the leaders. Just as we were coming to Shooters Hill, Mr. Sandom got out of the chaise, and said, give your horses their wind, and when you get up the hill, make the best of your way; I will give you twelve shillings a-piece for driving; my fellow servant ordered me to go over London Bridge, down Lombard-street, along Cheapside, over Blackfriars Bridge, down the New Cut, and when I was in sight of the Marsh Gate, I was to stop." That was the line they were to take, they were to come through the town with these laurels and white cockades, which would attract attention; and it appears that this chaise came about two hours after the other, so that when the rumour began to be languid, this would revive and also strengthen it, the same report reaching London through two channels that morning. "I took that course; Mr. Sandom had on a brown coat, and the other two were in blue coats I think; the horses had laurels upon them; when I was in sight of the Marsh Gate I pulled up, the parties took off their cocked hats, put them into their handkerchiefs, put their round hats on, and they walked away." It had answered their purpose, they had exhibited themselves in the city, and they then resumed their usual habits. "I got to the Marsh Gate about eleven o'clock I should think; Mr. Sandom did not give us any thing at that time, nor pay for the chaise; he asked what house we stopped at; I told him the Bull,Kent-street end, and he came to us there, and gave my fellow servant a £.1 note and the rest in silver; the chaise he did not pay for." Whether it is yet paid for, nobody has informed us.
Mr. Baily is then called again, and he says, "In consequence of inquiries that had been made, Mr. Holloway and Lyte attended the committee of the Stock Exchange. Holloway denied any knowledge of the transaction, after which he came and confessed that he had planned that plot or participated in it; he said that he had done it with view to obtain money by a rise in the public funds; and Lyte said that he had been employed by Mr. M'Rae, at Mr. Holloway's solicitation. Lyte stated, that he and Sandom, and M'Rae, rode in the post chaise from Northfleet to Dartford, and afterwards from Dartford to London; there were present at this time, Mr. Wakefield, Mr. Lavie, and Mr. Chaumette. Holloway and Lyte came together, and what Lyte stated, was in the presence of Holloway; he (Holloway) stated, that he was not aware of the serious turn it would take; but finding that it had taken so serious a turn, he had come forward and confessed it, in the hope that the Stock Exchange would not pursue it to extremities. He was asked, whether he had any connexion with Lord Cochrane, Mr. Cochrane Johnstone, or Mr. Butt, and he denied that he had;" and certainly, if his denial was complete evidence of the fact, it would be proper for your consideration in that respect; but what he admits is to be taken as against himself, subject to your discreet consideration of the whole of the circumstances; and you will, upon the whole, determine, whether these defendants conspired with the rest in the promotion of the same end, accomplished by the same or similar means, about the very same period. Mr. Baily adds, that nothing he supposes, but the publicity of the measures, inducedHolloway to come forward; and that he believes Holloway stated, that he would communicate all he knew of the business, because M'Rae had offered, for a large sum of money (I believe that sum was mentioned to be ten thousand pounds) to come forward; he denied also any connexion with De Berenger.
Several Brokers are then called. Mr. Robert Hichens, one of them, says; I have known Mr. Cochrane Johnstone for several years, I have never done business for him till the present year; from the 8th of February to the 19th, I made various purchases for him, the balance was £.250,000 omnium, at the leaving off of the business on Saturday; I furnished Mr. Baily with an account of the purchases and sales on Monday the 21st; I met Mr. Cochrane Johnstone as I was coming out of the Stock Exchange, about a quarter before eleven o'clock; I received an order from him on the Saturday to sell £.50,000 at one per cent. profit on the Monday, and that I sold before I saw him on Monday; now it does appear very probable, that the communication this person had made at Dover, might have reached town before De Berenger, for it appears by the evidence of Wright of Rochester, that he had been called up by a post-boy of his brother's at Dover, who had probably brought before De Berenger's arrival at Rochester, some of the news which De Berenger had announced at Dover, for Wright of Rochester addresses him as a person whom he was "led to suppose" was the bearer of some very good news; some such cause appears to have operated, so that the stocks were at 29 early in the morning; on the Saturday he ordered me to sell a certain quantity at an eighth per cent. more; I sold the whole of it that day by his directions, at 29, 29-1/8, 29-1/2, 30-3/4 and 30-7/8. I disposed of the whole which Mr. Cochrane Johnstone held at one or other of those prices.
Then on cross-examination, he states Mr. Cochrane Johnstone's balance on this and different days, and it appears that they had been dealing in the funds, with a view to this particular day; for a length of time they all had their hands full of omnium and consols; and the omnium having obtained a price which would allow of a profit, all was sold, and the object appears to have been as much to raise the price a little, so as to get out without present loss, as to gain a profit; this is the substance of the evidence of the different brokers, who all prove the quantities of stock, and that they were both buyers and sellers; the persons who were interested to prevent a depression, must feed the market occasionally as a buyer, I should imagine, though I am not very conversant in these things.
Mr. Baily then states in substance, what from an inspection of the accounts, with which he states himself to have been furnished by the several brokers, Hichens, Fearn, Smallbone, and Richardson, it turns out had been the balances of the three persons, Mr. Cochrane Johnstone, Lord Cochrane, and Mr. Butt, in the different speculation they had, which had lasted for a considerable time; from the month of November, according to Mr. Fearn, down to that day, and particularly from the 8th to the 21st of February (the particulars of which are specified in this paper) they appear to have had a larger balance, at least Mr. Cochrane Johnstone appears to have had on an antecedent day, than he had on the 21st of February; but it appears as if they not only were speculating on what they were buying, but they were speculating to such an amount, that unless they got rid of it, every one of them might be ruined; and they had determined, it should seem, on getting a profit of about one per cent. to sell the whole. It turns out, that on the 21st of February, as appears by this paper, £.420,000 of omnium, and£.100,000 of consols, belonged to Mr. Cochrane Johnstone; £.139,000, of omnium to Lord Cochrane; and to Mr. Butt, £.200,000 omnium, and £.178,000 consols. It appears that he sold on that day, £.24,000 more of omnium than he had; and £.10,000 of consols short of what he had; and with those differences merely, they, on that day, evacuate themselves of the whole; and, by Mr. Baily's account, you will see there was a profit upon the whole. The gross amount of the balances of all three, was £.759,000 omnium, and £.278,000 consols, which would make, he says, if the whole amount were reduced to consols and calculated as consols, £.1,611,430, £.3. per cents. Of that quantity of stock they were holders on the 21st of February. When I have stated the total amount as being £.1,611,430, 3 per cents., that is supposing the omnium was calculated in terms of consols; he says, the fluctuation of onlyan eighth, would, upon this large amount, have been a profit of above £.2,000. The profit upon the sales of that day, was, he says, £.10,450. Lord Cochrane's share of this profit was, as he computes, £.2,470.; Mr. Cochrane Johnstone's, £.4,931. 5.; and Mr. Butt's, £.3,048. 15.; he says, "If no news had arrived on the 21st, no person could have sold this large quantity of omnium and consols, without very much depressing the market;" therefore, it was necessary, it should seem, that there should be good news to keep up the market, that great holders of stock might get out of the adventure without loss. "I should think the news arrived in about half an hour after ten; business begins at ten; the news had a gradual effect, as the report was believed, the first decline was about the middle of the day;" he says, "the recovery of the funds was generally attributed to the chaise passing through the city;" therefore one chaise was, in point of effect, a good auxiliary tothe other, and the blue coats and the worsted embroidery, aided, it should seem, the effect of the red coat and gold lace; and you will consider whether it was not all part of the same transaction. I think, he says, the chaise through the city carried it to its highest amount; I should think, he says, the accounts were time bargains, from the magnitude of the sums, and it should seem, they were so; but though the gain which these parties made, might not be a legitimate gain arising on legitimate bargains, the evil of this to the fair dealer is palpable, and the argument of its invalidity is a sword with a double edge; its operation, at any rate, is to cut very deeply into the interest of innocent dealers in the funds.
Mr. Wetenall then speaks to the different prices of the stock on that day; he says, "I collect the prices at different times of the day, and furnish the bank with these papers. Omnium left off at 26-3/4, that was the money price; the time price is generally one per cent higher. It commenced on Monday at 26-1/2. On news arriving, it rose to 30-1/4; fell back to 30, and afterwards to 28. After the stocks had begun to fall; on a report of a chaise having come through the city, they rose again."
Pilliner, who was a stock-broker, says; "before the 21st of February I had made purchases for Holloway to the amount of £.20,000 omnium, and £.20,000 consols. I sold for him £.20,000 omnium, and £.14,000 consols. I saw Holloway on the morning of the 21st;" he declines answering whether they were time bargains, or for money; "he desired me to sell his stock, to sell all about the middle of the day. I had acted as broker for him two years."
Then Mr. Steers says, "I am broker to the Accountant General of the Court of Chancery. On Monday the 21st of February I made purchases, as broker for the Court ofChancery, to the amount of fifteen thousand and odd; I bought at 71-5/8 consols; that was the price about eleven o'clock, when the funds had considerably risen; that was all that I did that day for the Accountant General. I can speak to nothing else that day. I purchased £.6,894. 11s.4d.consols for the Accountant General, on Saturday, at 70;" therefore the difference between 71-5/8 and 70, seems to have been occasioned by the operation I have before stated to you.
Mr. Wright is next called; he appears to have printed this affidavit by Lord Cochrane's direction, on slips for the newspapers; he says, "In a conversation with Lord Cochrane, when he was giving me directions, he said, I once saw captain De Berenger at dinner at Mr. Basil Cochrane's. I have no reason to think that captain De Berenger is capable of so base a transaction;" giving his own name to the transaction; "but if he is, I have given the committee of the Stock Exchange the best clue to find him out;" he had given them a clue, by giving his name in the manner he has done in his affidavit; but it would have been very ineffectual if De Berenger had carried away his own person previous to that; but it was by accident that he was found at Leith.
Mr. Le Marchant is next called; there is a great deal, he says, which is no evidence against any body but the person who relates it; viz. captain De Berenger, and I do not think it at all necessary to state it; he does himself no credit, and he is a person on the statement of the letters which have been read, whom Government might do very well in letting ride at anchor here without going abroad. He says, however, "I became acquainted with captain De Berenger about eighteen months ago, our acquaintance continued until the 16th of February; from the 10th to the 16th of January he spent his evenings with me occasionally; Ilearnt that he was connected with Lord Cochrane and Mr. Cochrane Johnstone; he stated that he was about to go to America, under the command of Lord Cochrane; upon his mentioning this, I put the question to him, how he could possibly do it under the embarrassments that he lay under, upon which he answered that all was settled on that score; this conversation passed about the 14th of February; he said, that for the services he had rendered to Lord Cochrane and Mr. Cochrane Johnstone, whereby his lordship could realize a large sum of money, by means of the funds or stocks. His lordship was his friend, and had told him a few days before, that he had kept unknown to him till that period, a private purse for him De Berenger, he frequently mentioned particular intimacy of dining, breakfasting, and supping with his lordship; he said, in this purse he had deposited a certain per centage out of the profits which his lordship had made by his stock suggestion." This is only what De Berenger says, and the declarations of persons are evidence only against the parties themselves who make them, and do not prove the fact as against any body else. "I afterwards heard of the events of the 21st of February, and made known my suspicions, that captain De Berenger had been active in them, to captain Wright of the East India Company's service, and lieutenant Taylor of the 22d infantry;" he said the per centages were for the benefit of his (De Berenger's) ideas he had given to Lord Cochrane and Mr. Cochrane Johnstone as to stock transactions; it applied to both.
Upon his cross-examination, he says, "I have been corresponding with Lord Cochrane, I am not now a prisoner in the King's Bench, I have never had any communication with Lord Cochrane but in writing; my promotion is not suspended, I hold the situation of Secretary and Register to the Court of Antigua and Montserrat:I have been prevented from going out in consequence of being compelled to give my evidence either at this court or some other court, and only for that purpose; this is my hand-writing; most undoubtedly I must have been compelled to give this evidence upon oath if called upon in a court of justice; I do not give my evidence from resentment, or from any refusal to lend me money; I know one Palfreyman,"heis not called. "I am persuaded I never represented myself as having any resentment against Lord Cochrane to Mr. Palfreyman, nor said to him, that I would be Lord Cochrane's ruin;" and it is not proved that he did. "I never told him that I would assist the Stock Exchange; I have a very slight acquaintance with Mr. Palfreyman. The conversation with De Berenger was about the 14th of February; he mentioned to me, that he had expectations of getting some employment in America, to serve under Lord Cochrane; he particularly wished to be employed, that he might be useful in drilling the sharp-shooters, and said other things of that sort; I had a very high opinion of him, as being acquainted with the service; he was adjutant for a number of years in the Duke of Cumberland's sharp shooters. I do not know of his making preparation to go to America at that time, if he should be successful in procuring the appointment he was soliciting."
Upon his re-examination, he says, "The Stock Exchange applied to me to give them information, and sent me a subpœna after Lord Cochrane's publication."
The honourable Alexander Murray is called; he says, "I am not at present an officer in His Majesty's service, I am now in the King's Bench. I have been acquainted with captain De Berenger a year and a half; I was introduced to him by Mr. Tahourdin, who is my solicitor, and likewise Mr. De Berenger's; we were frequently together; whenI first went over to the Rules of the Bench, I lodged with Mr. De Berenger in the same house, for about one month; towards the end of January, or beginning of February, I had a conversation with him about a pamphlet that Mr. Harrison was writing, respecting the trial between Mr. Basil Cochrane and Mr. Harrison; Captain De Berenger was, I knew from himself, employed in planning out a small piece of ground for Mr. Cochrane Johnstone; he said that he had a plan in view, with Lord Cochrane and Mr. Cochrane Johnstone, which if it succeeded," this is what De Berenger said, "would put many thousand pounds in their pocket; I asked, is that the plan with regard to Ranelagh, which it was proposed to build on Mr. Cochrane Johnstone's land; and he said no, it is not; it is a far better plan. I knew there was a very particular intimacy between Mr. De Berenger and Mr. Cochrane Johnstone; I understood Lord Cochrane was a more recent acquaintance, but that there was some acquaintance; I understood that there was a great acquaintance between him and Mr. Cochrane Johnstone, and that he was with him almost every day."
Upon his cross examination, he says, I have known Mr. De Berenger a long while; he is a man of considerable science and attainments; he had been for a considerable time before employed in drawing plans for the Ranelagh. Mr. Cochrane Johnstone has a house in Alsop's Buildings, and about an acre of land behind it, which was to be converted into something upon the plan of the old Ranelagh. As far as I have seen, I believe Mr. De Berenger to be a man of honour and integrity; I saw nothing but the most perfect gentleman during the time I lodged under the same roof.
William Carling says, "I am servant to the Honourable Basil Cochrane. Mr. Cochrane Johnstone and Lord Cochrane visited at my master's house, in company withBaron De Berenger, the gentleman there," pointing to him. "De Berenger came there to dine as a visitor; he was invited by my master. Lord Cochrane and Mr. Cochrane Johnstone dined there with him once, did not the second time; they appeared to be acquainted with him."
Then, on cross-examination, he is asked, when this took place, he says, "In January the first time, and the next in February. I cannot say the precise day; there was a dinner party, four or five there. Sir Alex. Cochrane and his Lady there the first time; an indiscriminate mixture of company, De Berenger was one of them. I did not learn that Mr. De Berenger was going to serve in America."
Barnard Broochooft, Clerk to the Marshal of the King's Bench, is next called. He says, "I know Captain De Berenger. He has been a prisoner in the King's Bench prison from the latter end of the year 1812, to within a month or six weeks of the present time; he had the Rules. I missed him for some months. Mr. Cochrane, a bookseller in Fleet-street; and Mr. Tahourdin the solicitor, were his securities for the Rules: they entered into this surety nearly two years ago. I cannot recollect seeing him on the morning of the 21st of February. The security was under £.400; they generally take £.100 beyond the amount of the debt and costs." So that it appears he was not very heavily charged in debt at that time; however, his debts might be, as supposed by Lord Cochrane, £.8,000.
Joseph Wood, the Messenger of the Alien Office says; "I left London on the 4th of April, in order to find De Berenger. I found him at Leith, on the 8th of April; I found him in possession of a writing desk, containing papers and bank notes; before I parted with any of them I marked them before the Grand Jury; there were guineas and half guineas, and two Napoleons in the pocket book." He produced two packets, and a pocket-book containinga £.50 bank note, four £.5 notes, and two Napoleons in a pocket-book. He also produced a memorandum-book, and a paper of memorandums, and a road-book. A memorandum is shewn to Mr. Lavie, which he says he believes to be Mr. De Berenger's hand writing.
Mr. Wood says, on his cross examination, "I carried the box and the papers before the Grand Jury, by orders of the Secretary of State. I was subpœnaed to bring it before the Grand Jury; the seals put on at Edinburgh, were taken off by order of the Secretary of State, before I went before the Grand Jury; it has been in my possession ever since I took it at Edinburgh. When I went to Holland, in my absence, Mr. Tahourdin wished to see it, and Mr. Musgrave opened it for him; the seals had been opened before that time. I was absent about a week or ten days. I was present all the time it was before the Grand Jury; it was locked up with all its contents; when I went out I locked it, and left it upon the jury table; I had the key; I was present when Mr. Lavie and Mr. Wakefield, and another gentleman of the Stock Exchange were with Mr. De Berenger the day he arrived. I was present the greatest part of the time. Mr. Wakefield went very close to Mr. De Berenger, and I declare I do not recollect any particular words; he put some questions respecting the Stock Exchange. I did not hear any names mentioned. I remember the word information, that they wanted information, but that is all I recollect. Mr. De Berenger said he was unwell, and exhausted by his journey. Mr. Wakefield conversed with him about ten minutes; I put my marks upon these things before I went to Holland." So that his going to Holland is immaterial, for his marks put upon them before he parted with them, identify the bank notes, and the bank clerks say they gave them in exchange for other notes.
Mr. Fearn is shewn a check of the 5th of February; hesays, "I gave that check to Mr. Butt on the day of its date." That was afterwards attempted to be proved, but it came, I think, to nothing.
Mr. Smallbone says, "On the 10th of February I drew that check, which was a check for £.470. 19. 4. I drew it for Lord Cochrane; I gave it him on some stock account; I think Mr. Butt was in the office at the time; I feel satisfied I gave it to Lord Cochrane, and not to Mr. Butt; I did not see him hand it to Mr. Butt; I presented it to him on the table, that he might see it." The check is then read, it is upon Messrs. Jones, Loyd & Company, dated the 19th of February, very shortly, that is on the Friday before the Sunday on which this person must have departed from town, it is payable to No. 119 or bearer, and is signed William Smallbone.
Then Edward Wharmby says, "I am a clerk to Jones, Loyd & Company. I paid that check on the 19th of February, in one £.200 note, two of £.100 each, and a £.50.; the £.200 note was No. 634, the £.100 notes were, one No. 18,468, and the other 16,601, and the £.50 note was No. 7,375."
Then to shew that Lord Cochrane dealt with the produce of this check as his own, Thomas Parker, the coal-merchant of Lord Cochrane, says, "I received in payment a bank note of £.50 from Lord Cochrane, which is this very note, the number of which is 7,375; I wrote on the back of the note, and that is my hand-writing." Therefore it appears that this check, which was drawn for Lord Cochrane, was in the first instance for his benefit; for £.50 of it went to his coal merchant, and the other notes appear to have come to him, or to Mr. Butt, and the produce is afterwards found at a very critical period in the hands of this person, De Berenger, seized after he had gone from London. The check itself is the 19th of February; the money is found in this desk after he had gone off.
Then the bank notes of £.100 each are shewn to Mr. Lance; he says, "On the 24th February I went to the bank to change some bank notes for smaller notes, by the desire of Mr. Butt;" the notes were shewn to him, and he says, "those are the notes," I received two hundred notes of £.1 each for them.
Upon his cross examination, he says, "I remember on the 15th of February Mr. Butt lending Lord Cochrane £.200;" but on examination, it turns out that he only heard it, and did not see it lent. "I went with this check to get the money to Jones and Loyd's, I gave the notes of £.100 each to Lord Cochrane, I was not present when Lord Cochrane paid those notes back to Mr. Butt, I received those notes from Mr. Butt afterwards, and it was by Mr. Butt's desire I changed them for small notes at the bank." Then he says, "I advanced £.450 to Lord Cochrane, as clerk to Mr. Smallbone; when he had got this check for £.450 he wanted £.200 more; Mr. Butt was not present. I do not know when Lord Cochrane gave these two £.100 notes to Mr. Butt, which by Mr. Butt's desire I took to the bank."
John Bilson and Thomas Northover, who are clerks in the bank, are shewn the two notes of £.100 each; Bilson says, these two notes were sent for payment in the bank on the 24th of February: I have the book here in my own hand-writing, they were paid in £.1 notes, and he specifies the number of each; we have looked over the notes in De Berenger's trunk before the grand jury; here are forty-nine, part of the two hundred.
Thomas Christmas says, "I am clerk to Mr. Fearn; I remember being sent on the 24th of February to change a note for £.200; I went to Messrs. Bond and Co's.; that is the note I gave; I received two notes of £.100 each; I then took those two notes to the bank, and changedthem for two hundred notes of £.1 each; I gave them to Mr. Fearn; I did not see what Mr. Fearn did with them; I put Mr. Fearn's name upon the two £.100 notes before I gave them in at the bank." Mr. Miller, a bank clerk, produced the two £.100 notes, and Christmas says, "Those are the notes."
Mr. Fearn says, "On the 24th of February I received from Christmas two hundred notes of £.1 each; I gave them to Mr. Butt, and he gave them to Mr. Cochrane Johnstone."
Bilson and Northover, the bank clerks, say, "That on the 24th of February they paid to Fearn two hundred £.1 notes, for two notes of £.100 each." Then they are shewn sixty-seven of the notes of £.1 each, found in De Berenger's writing desk, and they say those are part of the notes they paid to Fearn on the 24th of February.
Then Wood produces a box and two watches.
Bishop Bramley is called; he says, "I am a watchmaker and silversmith living at Hull," (the watches were shewn to him); "I never sold this watch or that, but I sold a watch to the gentleman who sits there for £.30. 19s.6d.on the 4th of March, and he paid me in £.1 bank notes; I put my own initials upon them, I should know them again;" [Miller having produced some notes to the witness], "all those seven notes I received of the person I sold the watch to; I put my initials and the date upon them; we took no other Bank of England notes on that day; I received twenty in the forenoon, and the other eleven in the afternoon; and I marked them, and paid them away the same afternoon."
Bilson and Northover are shewn the seven notes; they say those seven notes were part of the two hundred notes we paid to Fearn, on the 24th of February.
Lance says, "On the 26th of February, I gave Mr. Butta check on Prescott & Co. for £.98. 2s.6d.that is the check."
Isherwood, a clerk to Prescott & Co. says, "I paid that check, I think on the date of it, the 26th of February 1814," just before the time when De Berenger went off, "in a £.50 bank note, No. 13,396, and a £.40 note, No. 6,268." A £.40 note and a £.50 are shewn to him, to each of them he says, "that is the note."
John Seeks is shewn a cancelled bank note of £.50; he says, "I gave change for it, I cannot exactly recollect the day; here are some letters on the back that I know it by; I gave change for it to Mr. De Berenger's servant, Smith."
Now there we stopped last night, upon that note, because it could not be proved that Smith, De Berenger's servant, paid it for his master; this morning it is proved by Smith, that he did pay that £.50 bank note to Seeks, by desire of Mr. De Berenger, therefore that £.50 is fixed upon him as drawn from the same source, namely, the bank note which had come from Mr. Butt.
A memorandum in Mr. De Berenger's book, written in pencil, was referred to by the counsel, "W.S. £.50." Mr. Lavie says, "I never saw any writing in pencil of Mr. De Berenger's, but I believe this to be his writing, it is exactly the same sort of character as the other."
Benjamin Bray is called, he says, "I live at Sunderland;" he is shewn a £.40 note, he says, "I received it from the waiter of the Bridge Inn, at Sunderland; I had seen Mr. De Berenger at Sunderland, previous to that; I gave the waiter six £.5 notes, and ten £.1 notes for it, of the Durham Bank. Mr. De Berenger came shortly after to my house, to take his leave of me: I am a druggist, and agent to the Durham Bank. From the 17th to the 21st of March, I had known of his being at Sunderland; the waiter had come requesting bank paper. I made an apology to Mr. De Berenger for not sending him more bank paper inchange, and he acknowledged having received the whole of the notes I had sent from the waiter; he went by the name of Major Burne."
Then, on cross-examination, he says, "I know that £.40. note, by the copy I made of it in my waste-book"—he had not the waste-book here, but he says, "I know it alsofrom my initials on the backof the note, made a day or two afterwards, when it was fresh in my recollection. I did not keep it distinct from my other notes, but I marked it between the 31st of March and the 4th of April; but" (what is more material) "I generally do not put my initials on bank notes, but I did on this; I had no other £.40. note at the time, and have had no other since;" so that that £.40. bank note is proved likewise.
Mr. Pattesall says, "I am a partner in the house of Bond & Co. I did not pay that check of Mr. Fearn's, it was paid by Mr. Evans, a clerk of ours." That person of the name of Evans never came, and was called on his subpœna.
They then produced two Napoleons, found in the pocket-book of De Berenger, and with that they closed the evidence on the part of the prosecution.
On the part of the defendant, they first read the letters of Le Marchant, which, as I have before observed, certainly reflect very much upon himself.
They then call Lord Melville, who says, "I am acquainted with Sir Alexander Cochrane; I recollect Sir Alexander more than once applying to me, that Mr. De Berenger might be allowed to accompany him, and to remain with him on the North American station, to which Sir Alexander Cochrane was appointed; it was shortly before Sir Alexander sailed upon the command; I think it was five or six months ago. Sir Alexander was desirous that he should accompany him, for the purpose of instructing either a corps to be raised in that part of theworld, or the Royal Marines, in the rifle exercise; and afterwards, when Sir Alexander wished that an officer of engineers should accompany him, and when I suggested that it would be difficult to give him that assistance, from the small number of engineer officers that could be procured, Sir Alexander mentioned, that as an engineer officer, he would be quite satisfied with Mr. De Berenger. I think there was some rank necessary to accompany such an appointment. I said I could not agree to the appointment, as far as the naval service was concerned, but I advised him to apply to the Secretary of State, or to the Commander in Chief; stating, that if they agreed to it, I should have no objection to let him accompany Sir Alexander. Lord Cochrane was appointed to the Tonnant, about the time Sir Alexander Cochrane sailed. I have no personal knowledge of Mr. De Berenger."
Colonel Torrens, who is secretary to the Commander in Chief, says, "I remember an application being made on behalf of Captain De Berenger in the latter end of December, or the beginning of January, by Sir Alexander Cochrane, to urge the appointment of De Berenger to go to America, for the purpose of applying his talents in the light infantry drill, that is, the rifle service; he says, there were great difficulties started to this application; and in consequence of those difficulties the appointment did not take place. It was under consideration, however, at the Commander in Chief's office. I do not know personally the character of Mr. De Berenger."
Then Mr. Goulburn, Under Secretary of State for the Colonial Department, says, "there was an application made by Sir Alexander Cochrane, on behalf of De Berenger;" but he gives no further account.
William Robert Wale King says, "I am a tinplate worker. I was employed by Lord Cochrane, in making signal lanthorns and lamps. I made him a new sort of lamp, forwhich he had a patent. He came frequently, nearly every day, to my manufactory; he was there the 21st of February. He came between ten and eleven in the morning, that was about the time he usually came. I perfectly recollect the circumstance of a note being brought to him by his servant. I was present when the note was delivered. He immediately opened it, and retired into the passage; and he came into the workshop again, and shortly after went away. His Lordship had been about a quarter of an hour there, that is a mile and a half from Grosvenor Square; his Lordship only said 'very well, Thomas,' not making any observation expressive of anxiety as to his brother."
Mr. Bowering says, "I am clerk in the Adjutant General's Office. Major Cochrane, the brother of Lord Cochrane, was returned as with the army in the South of France, "sick," on the 25th of January. The returns ran from the 24th of December to the 24th of January."
Then Thomas Dewman says, "I am a servant to Lord Cochrane, and have been seventeen years in the family. I carried a note to Lord Cochrane at Mr. King's manufactory; I remember the gentleman coming to Lord Cochrane's in a hackney coach; I do not know that I have seen him before or since. He first asked, where Lord Cochrane was gone to? and I told him he was gone to Cumberland-street to breakfast, because his Lordship told me he was going there to his uncle's; I went there after him, and not finding him, I returned to the gentleman; his Lordship had told me to follow him with some globe glass to Mr. King's. I had been there on Saturday; I supposed he might be there; I told the gentleman that I most likely should find him there; I should however have gone, if the gentleman had not sent me; he took the note from me, and said, I will add two or three more lines. I took the note to his Lordship at Mr. King's; his Lordship read the notein my presence; I left him at Mr. King's; his Lordship had no man in Green-street but me; the other servant was in the country; he had been there two or three months before that; his Lordship had given Davis warning on his appointment to the Tonnant. Davis was not in his Lordship's service at that time, but he happened to be in the kitchen when the gentleman came; Davis is gone." This, it should seem, is only to account for not calling Davis. "Davis is gone with Admiral Fleming to the West Indies. It was a little past ten when the gentleman arrived. I was engaged to Lord Cochrane since Christmas; I had been in the family of Lord Dundonald; I do not know Holloway or Lyte. When I gave the note to Lord Cochrane, he said, 'Well, Thomas, I will return.' I waited on Major Cochrane when he first went into the army; I saw Lord Cochrane leave the place, that is Mr. King's."
Then it is admitted, that Lord Cochrane has a patent for the invention of a lamp, dated the 28th of February last.
Mr. Gabriel Tahourdin says, "I have known Mr. De Berenger five or six years; I introduced him to Mr. Cochrane Johnstone, in May 1813. Mr. Cochrane Johnstone was in possession of a place at Paddington, named Vittoria, which he was desirous of improving. I introduced De Berenger to Cochrane Johnstone by mere chance; De Berenger afterwards employed himself in preparing a plan, and had nearly completed it. Shortly before Mr. Cochrane Johnstone went to Scotland, in September, he made him one payment on account of it. Besides the plan, De Berenger prepared a prospectus; Mr. Johnstone had got a number of that prospectus printed, early in October, to take to Scotland with him. I conveyed a letter from De Berenger, and I spoke several times to Mr. Johnstone, upon the subject of paying for those plans, but no price was fixed upon till February last; I made repeated applications toMr. Johnstone, in a delicate way, to pay him, and on the 22d of February." That is a very remarkable time, immediately after the transaction on the 21st; if the gentleman knew any thing of De Berenger's conduct, on the previous day, it may deserve consideration, whether that was the most likely time, in point of delicacy, to have made the application. "Mr. Johnstone sent me a letter on the 22d of February 1814, enclosing a letter from Mr. De Berenger to Mr. Cochrane Johnstone." Now these letters, if you wish them to be read, I will read.
Foreman of the Jury.We think there is no necessity, my Lord.
Lord Ellenborough.They relate to other work he was doing for him; there was that plan, I should have thought from two to three hundred pounds very excessive compensation for it; but still there was some claim affording a ground for money transactions to pass between them. As to the dates, there is one circumstance of Mr. Tahourdin dating the letter of De Berenger to Cochrane Johnstone, enclosed in the letter of Cochrane Johnstone to himself, which appears not very usual in the course of business; the letters shew other transactions between them. Whether they were pretended or not, or if existing, then artificially brought forward or not, may be a question; but the letters certainly are dated at a most critical time, namely, on the 22d of February. Then he says, "There is a reference in the letter, to an assignment of some property, which De Berenger had, which assignment was prepared at my office: I do not know whether Mr. Cochrane Johnstone answered De Berenger's letters." He is shewn a letter, and he says, "That is my answer to the letter of Mr. Cochrane Johnstone; I wrote it on the 23d of February."
There was a business to settle with Lady Mary Crawford Lindsay. There is a great deal of business certainly introduced into these letters, so much almost as to induce oneto think there is an artificial introduction of business, to give the appearance of reality to the letters; however, Mr. Tahourdin certainly swears that there were such transactions at that period. But one cannot help recollecting that Mr. Tahourdin, towards the close of the case, appears to have been in communication with the two last witnesses, Donithorne and Tragear, on whose evidence I shall have to observe. He says, "I saw a very few days after their date, a receipt for £.50. dated 20th September 1813, received of C. Johnstone by hands of G. Tahourdin, on account of large plans;" there is a receipt for £.200. dated the 26th of February: "Received £.200. on account of plans and prospectus delivered, C. R. De Berenger;" and a note of hand for £.200. more, De Berenger to C. Johnstone, dated the 26th of February; I saw it two or three days afterwards. So that, just after the extraordinary transaction which had such an effect upon the funds, a communication that had taken place between them, and these letters are produced, and which are conceived to be material, with reference to the question now before you. He says, "there were subordinate plans for the details of that same place." Then he says, "I had become security for the Rules for De Berenger, some months before I knew Mr. Cochrane Johnstone." Then he is shewn the letter, which has been described as the Dover letter; he says, "this certainly is not the hand-writing of De Berenger; I have received a thousand letters from him, and this is not his hand-writing; I do not believe it is a disguised hand of Mr. De Berenger; I have always considered De Berenger as a man of strict honour and integrity; I have trusted him to the extent of about £.4,000. in money, besides my professional claims on him." Some writing in a road-book found in De Berenger's desk, is then shewn to him; and how any person should have writing by him like that, purporting to be his own, and it should still not be his own hand-writing,one cannot conceive. But he says, "some of it is more like his hand-writing than others, but I do not believe," he says, "that all the writing is his; some of the letters" he says, (on being shewn the pencil-writing in the book found in De Berenger's desk) "look like his writing; the smaller parts look like his hand-writing." He is asked, "whether he does not believe the whole of it to be his hand-writing?" and he says, "I do not know what to say, this pencil is not like what he writes in general; it being in pencil puzzles me more than any thing else."
Then General Campbell is called, who says, "I know Mr. Cochrane Johnstone; I met him the second week in October last, I think at the Perth meeting; he shewed me a prospectus of a new public building to be erected in the Regent's Park, or in the neighbourhood of it, I think he called it Vittoria." He is shewn the prospectus, and he says, "I believe this is a copy of the same that he communicated to me in his or my own apartment."
Then on the part of Mr. De Berenger, Lord Yarmouth is called; he says, "I am lieutenant colonel commandant of the regiment of Sharp-shooters. Captain De Berenger was acting adjutant, a non-commissioned officer. I have known him since 1811; very early in that year. I cannot recollect the day. I have received letters from him, and have seen him occasionally write, and have seen him frequently on the subject of the contents of those letters, and am acquainted with his character of hand-writing." Then that letter sent to Admiral Foley is shewn to him; he says, "If I had heard none of the circumstances, I should not have believed it was his hand-writing. He solicited to go out in the month of January last. Some time back he told me, that he had very nearly arranged to go out to drill the men on board the Tonnant."
Upon his cross-examination, he says, "the hand-writing of this is much larger than Mr. De Berenger's; hegenerally writes a round and neater hand." He is shewn another letter; and he says, "I received that letter on the day it bears date, or the day immediately after." He is then shewn the writing in the road book; and he says, "It is larger than De Berenger's usual writing; some part of it is not larger, it is less round; it is more angular. I am not sufficient conversant with hand-writing, to swear either way to this." Then he looks again at the letter sent from Dover to Admiral Foley; he says, "the letter R looks very much like his hand-writing in the R of Random, before De Berenger, Random being his second name." Then being asked, what he should think of this gentleman coming to him in his bottle-green coat of uniform; he says, "It would have been more military that he should come so, though I never exacted it of him. I should not have been angry at it, but should have thought it the regular dress for him to appear in. If he had appeared before me in an aid-de-camp's scarlet uniform, and with a star, I should have been indeed surprised to see him present himself before me in that dress."
Sir John Beresford is then called; he says, "I have seen Captain De Berenger twice before yesterday. I never saw him write; I know of his application to go to America, as a sharp-shooter. In the beginning of February I paid my ship off, and met Mr. Cochrane Johnstone in town, who told me, Sir Alexander Cochrane was very anxious he should go out in the Tonnant, to teach the marines the rifle exercise. I went to the Horse Guards, to ask whether any thing could be done; I was told it would be useless to apply to the Duke of York, and told Mr. Cochrane Johnstone of it; this was before Sir Alexander Cochrane sailed in January or December. I met him at dinner at Mr. Cochrane Johnstone's. I was there to meet Sir Alexander Cochrane, but he did not come."
Mr. James Stokes says, "I am a clerk of Mr. Tahourdin;I have been so between three and four years, and during that time have frequently seen the hand-writing of De Berenger; he has been a client of my master's, and has been assisted very much by him. I have seen a great deal of his writing; this is certainly not his writing, not a word of it; and the letter 'R.' (which Lord Yarmouth had spoken to) is not at all like it."
Then they call witnesses, who at last come to swear, that captain De Berenger slept in his own apartments on the Sunday night, the 20th of February; of course, if he did so, he could not have been on the 21st at Dover, at the time sworn to by the witnesses.
William Smith is called; he says, "I was servant to Mr. De Berenger, I was so about three years and a half; I have seen him write frequently." Then he is shewn the Dover letter, and he says "I do not believe that is his hand-writing; the signature there, Du Bourg, I really believe is not his hand-writing, no part of the letter; I am positively sure it is not. He has lately lodged with a person of the name of Davidson, in Asylum Buildings. I was with him on Sunday the 27th of February, when he went away; I perfectly remember he was at home on Sunday the 20th; he slept at home on the Saturday night the 19th, and went out about nine o'clock on Sunday morning; he came in afterwards at nearly eleven o'clock, and went out again immediately afterwards; he stayed out only about twenty minutes, and returned again when people were gone to Church, and stayed at home till about four o'clock, he then went out again. I was not at home then, I was over the way with my master's dog, leaning with my back against the rail, when he came down on the opposite side of the road facing the door. I went out with my wife soon after, and returned in the evening about eleven or a few minutes afterwards; he was not at home then, he came home afterwards, in five minutes after I got home, that was afew minutes after eleven; he slept at home that night. I and my wife were down in the kitchen taking our suppers, and my master was in the drawing room; before we got to bed, I heard him pass my room door to go to his bed-room, that might be about half-past eleven. He did not breakfast at home the next morning; I did not see him the next morning; I saw him about three o'clock in the afternoon of Monday; my wife made his bed."
Then he says, on cross-examination, "I let him in at a little after eleven at night. He rapped at the door in his usual way; his usual rap was not over loud, between loud and gentle; he went to his bed-room that night; I did not see him in bed the next morning, I heard him go into the bed-room." Then he is shewn a letter, which he says, "I wrote to Lord Yarmouth," (but that is not given in evidence) "I have my master's military grey great coat here at Guildhall; I never acknowledged that my master slept from home that night, to Mr. Murray; I never told either Mr. or Mrs. Davidson, that coming home and not finding my master at home, I had left the key for him at the usual place in the area, that he might let himself in; I never told them so, either on Monday the 21st or any other day, to the best of my knowledge. He has no attendance in the morning, he does every thing for himself, he does not usually ring his bell of a morning before he comes down to breakfast; he is a very quiet man, I never knew him otherwise, he never makes a disturbance, he walks about very much. My master finally left his lodgings on Sunday the 27th; I remember changing a £.50 note with Seeks," (that is the £.50. I have mentioned to you) "received it from Mr. De Berenger, I received it on the 27th, the day he went away; I took his things to the Angel Inn behind Saint Clement's; a day or two before he left to go into the country he gave me £.20. I never saw him give Sophia £.13. if I was in the room, I did not notice it. I do not remember,after my master finally went away, Mr. Cochrane Johnstone's calling with a letter; I never told Mrs. Davidson, that a gentleman who called there was Mr. Cochrane Johnstone. I was not at home; she told me a gentleman had called there, and described him; I said, most likely it was Mr. Cochrane Johnstone." Upon his examination I thought he had said, that he had seen him only once, but then he said, at last, that it was only once at his house. "I did not tell her on the Sunday, that if my master had been at home on the Saturday, when Mr. Cochrane Johnstone brought that letter, he would have gone off on the Saturday night; I did not tell her so either on the Saturday or the Sunday. My master was at home every day from the 20th to the 27th, going out as usual. On the 21st, he went out to dine; he did not tell me where he was going to, or when he came back where he had been to, that I recollect; he did not tell me he had been to Mr. Cochrane Johnstone's, when he came home, nor before he went out, that he was going there. When I came home on the Monday, I saw a strange black coat; I cannot tell whether the coat fitted my master; I never saw it on; I brushed it; I am used to brushing coats; I did not know whose coat it was; I cannot tell whether it was the coat of a man six feet high. I swore an affidavit; I drew that affidavit myself; I told Mr. Tahourdin of his absence on the 7th or 8th of March; I drew out the affidavit before that time, and did it without any sort of concert with any body whatever, merely for the vindication of my master's character. I sent the affidavit to be published; I found my master a very injured gentleman; I took it to Mr. Cochrane Johnstone, and he published it." And then he says, "I let him in," that is, De Berenger his master, "on Sunday the 20th."
Ann Smith, the wife of William Smith, says, "I was a servant with my husband to Mr. De Berenger, in Februarylast, and had been so two years and a half. I saw my master at home on the 20th of February; he went out about nine o'clock in the morning, and came in again between ten and eleven; he did not stay at home long then, before he went out again. My husband and I went out between four and five, after my master was gone out; he went out about four o'clock. My husband and I returned home about eleven, a few minutes before my master; my husband got in a little before me. My master came in that evening; he was let in by my husband, and I heard him above stairs; he had a bit of bread and a glass of ale that night for supper. I did not see him that night; it was my business to make his bed. I got up on the Monday morning about seven, that was the Sunday and Monday before he finally went off, I am sure; I usually get up about seven. My master went out that morning before breakfast; my husband went out about eight, and my master went out a little before him; I did not see him go out nor hear him; I did not know he was out till I let him in; I made his bed on the Sunday morning; I was up stairs making his bed, and he went out, I looked out of the window and saw him go; I made his bed on Monday, but that was not till after he came home, which was about twelve o'clock; when I found he had been out, I went up stairs immediately to make his bed." You will consider whether there is any room for believing she might be correct, and that he might have lain down upon his bed before she made it. "The bed appeared as usual, as if it had been slept in on Sunday night; I and my husband slept in our bed, and I made his bed on Monday as well as on Sunday. I remember how my master was dressed on the Monday when he came home; he had a black coat on; he had a bundle in his hand; I saw a part of a coat where the bundle was open, a grey coat just where the knot was tied; my master continued to sleep regularly at home til he finally went away."
Upon her cross-examination she says, "my master had no other man servant but my husband; he used to wait upon him, and do any thing he was requested to do. I used to carry up breakfast when he rang, if my husband was out; he did not ring for my husband to attend him in the morning to dress. I supposed my master had breakfasted out when he came in; I was rather surprised that he had not rung. On the Sunday, when he went out, he had on his black coat and waistcoat, and grey overalls; I did not remark that the coat was too long for him; I do not know how he was dressed when he went out on the Monday; he came home in a black coat; I cannot tell whether it was the black coat in which he went out on Sunday. I never saw Lord Cochrane. I never observed the black coat at all in the bundle; I saw part of a grey coat, and the green uniform coat was in the bundle. There was nothing extraordinary in my master's going out in green, it was his drill dress; he was in the habit of going out in it, and returning in it; I never knew of his going out in a green drill dress, and returning with a black coat before. I made an affidavit; I saw nobody on the subject of that affidavit; I saw Mr. Tahourdin a few days after making the affidavit. Mr. De Berenger wore whiskers sometimes; I do not know whether he wore whiskers then or not, I did not see much of him. I had not seen the bed on Monday morning till after his return."
Then the ostler at Chelsea, and his wife, are called to prove, that he was at a late hour in town. John M'Guire says, "I am the ostler at Smith's livery-stables, at the Cross-keys yard, Chelsea. I am acquainted with the person of Mr. De Berenger; I remember seeing him on the 20th of February; it was on a Sunday. I remember it perfectly well, because I knew he was within the Rules of the King's Bench; and I determined to ask his servant, how he was out of the Rules. He had lived at Chelsea before. It wasa quarter past six in the evening that I saw him at Smith's stable-yard gate; he asked me if the coach to London was gone; I told him the six o'clock coach was gone, but the seven would be ready in three quarters of an hour; he said, it would not do to wait for the seven o'clock coach, and he turned round and took his way to London. When I went home that night, I mentioned to my wife, that I had seen Mr. De Berenger at a quarter past six. I was induced to mention it, from knowing he was in the Rules of the Bench, and not having seen him that way for some time before; he went from the lodgings he had at Chelsea, to the King's Bench."
Upon cross-examination, he says, "I have known him three years and a half, I knew him to be an officer in a corps of Riflemen; that day fortnight I saw his servant, on the 6th of March, and he said, he was not clear of the Bench then. Last Monday week I was examined by the attorney. He had on, when I saw him, a black coat, a black waistcoat, and grey overalls or pantaloons. I have seen William Smith this morning. De Berenger wore whiskers when I knew him before, but when I saw him on this Sunday he was close shaved, he had none then; it was three miles and a half from the Asylum." Now it appears, that De Berenger was three miles and a half from the Asylum at a quarter past six, where he had dined; if he had dined any where, we have not heard. He says, "he thought it was wrong to be out of the Rules, and he was shocked at it."
Then Mr. Hopper says, "I am an architect. I saw Mr. Cochrane Johnstone's premises at Alsop's Buildings two nights ago." He is shewn the plan and prospectus, and he says, "From the trouble that must attend it, a compensation of from, £.200 to £.300. might not be excessive." I have mis-stated it, therefore before; he does not say, it would not be excessive, but itmightnot be so.
Then Mrs. M'Guire says, "I am the wife of M'Guire,the ostler. I did not know Mr. De Berenger, when he lived at Chelsea, I knew Smith his servant. My husband mentioned to me on the 20th of February, his having seen Mr. De Berenger, Smith's master; he mentioned it to me at ten at night; it was the Sunday before Shrove Tuesday, it was my child's birth-day, and therefore I remember it. My husband told me, he had seen him at about a quarter past six; he said, he wondered whether he had got his liberty yet or not; I cannot particularly say whether he said it was shocking or not; he said, he wondered whether he had got his liberty."
How this should have excited the curiosity of this man, one cannot well conceive; but one cannot comment upon that which one cannot read and believe.
Then Henry Doyle Tragear is called; he says, "I was at Mr. Donithorne's house in York-street, Westminster, in the month of February last. I was staying there; I went there upon the occasion of my leaving my house, No. 39, Little Queen-street, Holborn, where I had carried on the hatting business. I left my house finally on the 17th, and went to Donithorne's; I remain at his house still. I had seen Mr. De Berenger frequently previous to that, at Mr. Donithorne's house. I particularly remember having seen him there on Sunday the 20th of February; I saw him twice that day; I saw him between nine and ten in the morning, and again between eight and nine in the evening; I saw him at Donithorne's house both these times; he might stop about half an hour, more or less. I have seen him frequently talking with Mr. Donithorne about some drawings, designs for pieces of furniture, and things of that sort. Donithorne is a cabinet maker. Donithorne has shewn me these things before. I am a hat manufacturer; I am not entirely out of business but I have not a house at the present moment; I went there to reside till I could get a house to suit myself, to start in business again." According to the wife, it didnot appear as if he was likely to go into business again. "My wife, Mrs. Donithorne and Mr. Donithorne were there in the evening. When he came, Mr. Donithorne went into the garden with him; he said he would not come into the parlour to disturb the company; I had seen him repeatedly before."
Then upon cross examination, he says, "I was not struck with any alteration in his appearance that night; he had no whiskers on that night; I do not know whether he had ever worn whiskers before; he had a black coat on that day; he had his hat on. It was between eight and nine when they took a walk in the garden. I cannot say whether his hair was powdered; they went out to take a survey of the premises in the morning. I have seen Mr. Donithorne and Mr. Tahourdin together one day last week. I will swear, that I did not know they were acquainted together before that time; I never was sent for to become a witness upon this occasion; I went myself; Tahourdin did not send for me; I went to Tahourdin I think one day last week. I did not know that I was to be a witness till last week, or that it was material I should recollect the 20th of February. I let my house on the 17th of February to Samuel Nicholson; and on the Sunday morning following Mr. Donithorne came to my room, and told me a gentleman was come to look over the house, and if I would get up he should be obliged to me. I have seen Smith, the servant." He then says, "I have been bail twice, once for fifteen pounds, that I believe is settled; I have been bail again, but I do not quite know whether that has been settled, nor the amount. I don't recollect if I have been bail oftener."
Then Mrs. Tragear, the wife of the last witness, is called; she says, "I know the defendant De Berenger; I have seen him often. I and my husband went to stay at Donithorne's when we gave up our house; the day wegave up our house was the 17th of February. Mr. De Berenger called at Donithorne's on Sunday the 20th, between nine and ten in the morning; we were not up then. Mr. Donithorne was in the cabinet business. He came up and said, he was anxious we should get up, as a gentleman was come to look over the house. When I got up, I threw down the sash, and saw Mr. De Berenger; he was measuring the ground in the garden. I am sure it was he; I saw him again in the evening between eight and nine; we were in the parlour along with Mr. and Mrs. Donithorne; asked him to come in; and he said he would not disturb the company; he wanted to speak with Mr. Donithorne; they walked backwards into the garden, and I saw him no more."
Then, on cross-examination, she says, "my husband is deaf at times; Mrs. Donithorne came to call us; Mr. De Berenger went into the attics; he did not go into our room." It is afterwards said by Donithorne, that he went two or three times into it. "I do not remember seeing any one in the garden with De Berenger and Donithorne; one of them held the measuring rod and the other, took the figures down. There was no snow; I think it was a wet morning, and the rain had cleared the snow away. My husband failed on the 17th of February; he then came to Mr. Donithorne's, who is a cousin."
Then Donithorne is called; he says, "I live in York-street, Westminster. Mr. and Mrs. Tragear came to live at my house, on Thursday the 17th of February. I had known De Berenger a long while; I am very well acquainted with his person; I am a cabinet-maker; De Berenger had furnished me with designs for furniture. I remember seeing him on the Sunday morning, after Tragear came to my house, which would be the 20th of February, between nine and ten in the morning; he came to look over my ground, as I was going to make somealterations in my little garden, and also some designs for cabinet work. I furnished Mr. Cochrane Johnstone's house in Cumberland-street, for Miss Johnstone. I saw him again between eight and nine in the evening; I let him in, and asked him to walk into the parlour where we were sitting; he said he would walk into the back-parlour; he stayed about a quarter of an hour or twenty minutes; he did not go into the garden. In the morning, we were I dare say, an hour together in the garden; he called in the evening, to give me an answer when he was to draw a plan for me." (This does not appear to be business of sufficient consequence to have led this man twice there in the course of that day.) "I was going to convert the front part of my house into an inn, and the back part into pleasure-ground; it was a misty rainy morning, and very cold."
On his cross-examination, he says, "he came as the friend of Mr. Cochrane Johnstone, to give me plans for furniture; I proposed to him surveying my house, with a view to the improvements I intended to make. I went and called Mr. and Mrs. Tragear, and desired them to get up; I have no doubt of it, I went twice." He is then asked as to some writs against persons in the Stock Exchange; he says, "I employed the attorney, Mr. Tahourdin, by desire of Mr. Cochrane Johnstone, to issue 135 writs; Mr. Cochrane Johnstone is to pay for them;" it appears that these writs are against persons for stock-jobbing transactions. "Tragear never failed, to my knowledge."
Gentlemen—This is the whole of the evidence on each side. I have made my observations upon it, as it has proceeded. You have heard from me already, that this is a case in which both the individuals and the public are deeply concerned. It is important that public justice should be vindicated by the conviction of the defendants, if they are guilty; and that justice should likewise be done to the defendants, by exempting them from punishment, if theyhave committed no crime. You will consider upon the whole of the evidence, whether these several parties were connected in one common plan, and were using their several endeavours and means to raise the Funds for corrupt advantage, by false contrivances, and the circulation of false intelligence—if you believe that all of them were concerned in it, you will find them all guilty—if you believe that any of them are exempt from a share in this Conspiracy, you will acquit them.—You will now consider of your Verdict.
Mr. Richardson.Your Lordship stated, that there were some Counts upon which they ought not to be found guilty.
Lord Ellenborough.Yes; Gentlemen, you will find the defendants not guilty upon the first and second Counts of the Indictment, as those allege facts and motives, in which they cannot all be supposed to be joined.
A Juryman.They are guilty or not guilty of a Conspiracy.
Lord Ellenborough.Yes; a Conspiracy, which is a crime that cannot be committed by one; it must be committed by more than one.
The Jury retired at ten minutes after six o'clock, and returned at twenty minutes before nine with their Verdict, finding all the Defendants—GUILTY.