Q.What appears at last to be the gross balance held by each of them on the 19th February; what is Mr. Cochrane Johnstone's balance of Omnium from all those different accounts, on the 19th February?
A.£420,000.
Q.Now state Mr. Cochrane Johnstone's Consol Account.
A.£100,000.
Q.What was the balance of Lord Cochrane's Omnium account?
A.£139,000.
Q.Now state Mr. Butt's.
A.£200,000.
Q.And it appears, I see, that there were £24,000 sold too much on the Monday.
A.Exactly so; there was that quantity sold more than he had purchased.
Q.What was Mr. Butt's Consol Account?
A.£178,000, and he sold only £168,000.
Lord Ellenborough.Then there was £24,000 too much of his Omnium, and £10,000 too little of his Consols sold?
Mr. Gurney.Exactly so. Now what was the gross amount of their account of balances on that day?
A.£759,000 Omnium, and £278,000 Consols.
Q.As we are not so well acquainted with Omnium as you are, if that were reduced to Consols what would they have amounted to?
A.It may be necessary to state, that every thousand pounds Omnium consists of £1100 Reduced and £670 Consols, therefore the whole amount of that would be £1,611,430 three per cents.
Q.Now upon that amount, what would the fraction of a single eighth per cent. be?
A.£2014:5:9.
Lord Ellenborough.The whole of this fund was cleared onthe 21st, except £10,000 Consols, and it was oversold by £24,000 Omnium?
A.Exactly so.
Mr. Gurney.Have you calculated from the accounts, the profits made by those sales of the 21st?
A.I have.
Q.To what does it amount?
A.Exactly £10,450.
Q.That is the total of the three. Can you give me the proportion of each?
A.For Lord Cochrane £2470, Mr. Cochrane Johnstone £4931:5, Mr. Butt £3048:15.
Q.From the state of the market on the morning of the 21st if no news had arrived such as raised the funds on that day, could any persons have sold this large quantity of Omnium and Consols without very much depressing the market?
A.I should think not certainly.
Q.Do you remember at what price Omnium left off on Saturday the 19th?
A.I have referred back to the books; I cannot state from my own memory.
Q.Have you the books here?
A.No; they are the books of the Stock Exchange.
Q.Mr. Wetenall's accounts?
A.Yes.
Q.How soon after the business at the Stock Exchange began on the morning of the 21st did the news arrive there?
A.I should think in about half an hour after, but I really am not quite certain to that point.
Lord Ellenborough.The business begins at ten, I believe?
A.Yes.
Mr. Gurney.As soon as the news came, had it a sensible effect on the funds?
A.Yes; a gradual effect, according as the report was believed.
Q.Do you remember after some time whether there was any check or decline?
A.Yes; there was about the middle of the day.
Q.I mean the first decline.
A.Yes; afterwards they recovered.
Q.To what was that recovery owing?
A.It was generally attributed to the news that came through the city.
Q.You mean the chaise coming through the city?
A.Yes; it was generally believed it was a confirmation of the former report.
Q.Did that second rise which took place upon the chaise going through the city, extend still higher than it had been on the report of the arrival of the messenger?
A.I think it did.
Cross-examined by Mr. Park.
Q.You are not under the same restraint as the other persons are, can you tell us whether these were real transactions, or only fictitious ones which daily take place at the Stock Exchange?
A.The accounts which were given in, I think were given in for time, but I have only taken out the figures.
Lord Ellenborough.I should imagine the witness would say that from the magnitude of the accounts he would think they were for time?
A.Certainly.
Mr. Park.I want to know, for I have never had Omnium in my life, whether you are not competent to say from your knowledge of these accounts, that these are all what they call time bargains?
A.There is nothing stated upon the face of these accounts as to what days the purchases are made for; possibly they may be for time.
Q.I ask you whether from your knowledge of these accounts and the investigations you have made, they are not time bargains?
Lord Ellenborough.He has no personal knowledge of them, he can know nothing but from the magnitude of the sum, he may suppose they must have been time bargains.
A.Certainly; there is nothing upon the face of the accounts to lead to any such conclusion.
Mr. James Wetenall, sworn.Examined by Mr. Gurney.
Q.I believe you are employed by the House to take the prices of the day at the Stock Exchange?
A.I am.
Q.At what price did Omnium leave off on Saturday the 19th of February?
(The Witness referred to a paper.)
Mr. Serjeant Best.Where do you get those accounts from?
A.I collect them from the Stock Exchange.
Mr. Gurney.Do you go about all day long taking the prices?
A.I collect them at different times in the course of the day.
Q.You go about taking an account from all the persons who are there?
A.I take them from different persons who are in the market.
Mr. Serjeant Best.This is a printed paper?
A.Yes.
Mr. Gurney.It is printed under your directions, I believe?
A.Yes.
Q.Is your original paper destroyed?
A.It is.
Q.Is this paper a copy from that of yours?
A.Yes.
Mr. Serjeant Best.Did you ever compare this with the paper on which you took down the prices?
A.Yes.
Q.Where do you get the contents of your written paper?
A.From the gentlemen in the Stock Exchange.
Mr. Serjeant Best.I submit that this paper cannot be evidence. The Witness states that he collects from the gentlemen in the Stock Exchange, the prices at which they buy and sell, from time to time, in the course of the day; he says he compares this printed paper with the original written paper; I am not objecting to that, but I submit, the written paper itself could not be evidence.
Lord Ellenborough.It is all hearsay, but it is the only evidence we can have; it is the only evidence we have of the price of sales of any description. I do not receive it as the precise thing, but as what is in the ordinary transactions of mankind received as proper information, and I suppose there is hardly a gentleman living who would not act on this paper.
Mr. Gurney.At what price did Omnium leave off on Saturday the 19th of February?
A.26-3/4.
Lord Ellenborough.Do you furnish the Bank with these papers?
A.Yes.
Mr. Gurney.Was that 26-3/4 the money price or the time price?
A.The money price.
Q.The time price, I believe, is about one per cent. higher?
A.In general.
Q.At what price did Omnium commence on the Monday following?
A.26-1/2.
Q.That is the money price?
A.The money price.
Q.Therefore the time price was 27-1/2?
A.I did not take the time price.
Q.After this news arrived what did it get up to?
A.As high as 30-1/4.
Q.At what time was that?
A.That is impossible for me to say.
Q.How soon did it get up to 30-1/4?
A.I cannot say; it did rise to that by degrees.
Q.Did it stand at that, or rise or fall?
A.It fell by degrees to 30, and from that to 28.
Lord Ellenborough.So that the rumour had a continuing effect to the close of the day?
A.Yes.
Mr. Gurney.Did it fall back so low by one and a half as it began in the morning?
A.No.
Cross-examined by Mr. Serjeant Pell.
Q.Do you remember at what time in the course of the day the report came to the Stock Exchange, of a chaise coming through the city?
A.I cannot say at what time it was.
Q.Then perhaps you cannot tell whether or not the Stocks rose again upon any report of that kind arriving there?
A.According to my recollection the Stocks rose a second time; they rose at first, then they fell, and then they rose again.
Q.But you cannot tell at what time that was, or to what cause it was attributable?
A.It was attributable to a chaise arriving.
Q.You remember that?
A.Yes.
Q.See whether you cannot remember how long it was after the opening of the business of the day that they so rose; might it be three hours afterwards?
A.It was in less than three hours, I think.
Q.It was less than three hours that they rose the second time you mean?
A.Yes; the second time.
Q.Have you a distinct recollection of this. Though you cannot remember the precise point of time at which it took place, have you distinct recollection that they rose at first, then fell, and then rose again.
A.Yes; I have a perfect recollection of that, but I cannot tell the time.
Cross-examined by Mr. Park.
Q.How often in the course of the day do you take that account?
A.Not at any particular stated times.
Q.You have nothing to do with buying or selling stock, I presume.
A.Not on my own account.
Q.But you are a Stock Broker?
A.I am.
Q.Then when you are not otherwise employed you fill up that paper from time to time?
A.No; if I perceive there are any particular fluctuations, I then make it my business to collect the prices.
Q.Do you mean to represent that the Stocks had not risen from what they ended at on Saturday before any news came to the Stock Exchange; had not they risen considerably that morning?
A.I think not, because if I recollect, there were reports in the morning that news had arrived.
Q.We have heard from some gentlemen that they sold stock as soon as the Stock Exchange opened; now I ask whether stock had not been sold at a rise before the news arrived?
A.Yes.
Mr. Gurney.But you say before the market opened there were some reports of a Messenger having arrived?
A.Yes.
Mr. Charles Addis, sworn.Examined by Mr. Gurney.
Q.Have you a house in Shorter's-court?
A.No, I have not; I am concerned for a gentleman who has some property there.
Q.You have the letting of a house for a gentleman there?
A.I have.
Q.Was any application made to you in the week prior to the 21st of February for any part of that house?
A.Yes, on the 15th or 16th, I think Mr. Cochrane Johnstone applied to me for an Office in a house, the letting of which was under my management.
Q.What number in Shorter's-court did he finally fix upon?
A.It is number 5, the house almost immediately adjoining the Stock Exchange.
Q.Did he on that day take any part of the house of you?
A.He took one room for an office in that house on that day.
Q.The house in which Mr. Fearn is now?
A.Yes.
Q.How soon did he take any more?
A.He called on the following day and engaged another office.
Q.That was the 16th then?
A.I believe it was the 16th, I will not be positive, and he called on the following day the 17th, being the third time.
Q.Did he, when he called on the 17th, write that letter in your office (handing it to the Witness.)
A.This is a letter he left in my absence in the office, on which day I cannot say, but this was a letter that he left for me.
Q.That was on the third day after he had engaged the three offices?
A.Yes.
Q.He had then engaged all three?
A.Yes.
Q.Are they three rooms in the same house?
A.Three rooms in the same house.
Q.(To Mr. Fearn) Is that letter Mr. Cochrane Johnstone's hand writing? (handing it to the Witness.)
A.I believe it is.
It was delivered in, and read as follows:—
"Sir,—I called again upon you to know if you have Powers to sell the house, part of which I have taken, as I find there are several persons in the house at present, which is rather awkward, and makes it too public."If you have powers to sell I will immediately treat with you; have the goodness therefore to leave the terms with your clerk, or send them to me at No. 18, Great Cumberland-street. I will however call again this day before I return to the West end of the town.I am, Sir,Your obedient Servant,(Signed) A. COCHRANE JOHNSTONE."(Addressed) Mr. Addis.
"Sir,—I called again upon you to know if you have Powers to sell the house, part of which I have taken, as I find there are several persons in the house at present, which is rather awkward, and makes it too public.
"If you have powers to sell I will immediately treat with you; have the goodness therefore to leave the terms with your clerk, or send them to me at No. 18, Great Cumberland-street. I will however call again this day before I return to the West end of the town.
I am, Sir,Your obedient Servant,(Signed) A. COCHRANE JOHNSTONE."
(Addressed) Mr. Addis.
Cross-examined by Mr. Serjeant Best.
Q.I believe he took the first room for Mr. Butt expressly?
A.Yes; and gave me a reference to him at Mr. Fearn's, who then lived in Cornhill.
Q.And the next time he came he said he wanted it for Mr. Fearn?
A.No; he said then he wanted it for Mr. Butt.
Q.And the third time he said he wanted it for Mr. Fearn?
A.Yes.
Q.Mr. Fearn has now the whole.
A.Yes.
Mr. James Pilliner, sworn.Examined by Mr. Gurney.
Q.Are you a Stock Broker?
A.Yes.
Q.Prior to the 21st of February had you made any purchases for the Defendant Holloway, in Stock or Omnium?
A.I had, in both.
Q.How much of either was he possessed of before business began on Monday the 21st of February?
A.£20,000 Omnium and £20,000 Consols.
Q.Did you sell that out on that Monday?
A.I sold £20,000 Omnium and £14,000 Consols.
Mr. Serjeant Pell.Does your Lordship think, in consequence of what you have suggested already, that the Witness is bound to answer to the nature of the stock?
Lord Ellenborough.I am not apprized whether it is a real sum or not at present.
Mr. Serjeant Pell.The reason I now interpose is, that if this should turn out to be a transaction which was not real, the Witness would not be bound to answer any question respecting it, because it may tend to criminate himself, and involve him in penalties. The mere circumstance of his having sold stock at all that day, supposing it not real stock, would warrant him in declining to answer these questions.
Lord Ellenborough.Whether he sold any thing is a link in the chain, or else you might exclude all the transactions of the day, because they might ultimately connect with the vicious sale.
Mr. Serjeant Pell.Suppose it should turn out to be a time bargain, these questions would be material to convict this person of an offence, the amount sold would be very material; therefore if he is not bound to answer the last question——
Lord Ellenborough.I do not prohibit him; I am only to tell him that if these are bargains which are against law, he is bound to know the law, and if it would involve him in any penalty he need not answer the question.
Mr. Serjeant Pell.All I would request then is, that your Lordship would now suggest to the Witness that he need not answer any question that will tend to criminate himself.
Lord Ellenborough.If it will convict you in penalties, you are not bound to answer any question.
Mr. Serjeant Pell.I was only taking the liberty to suggest that that admonition may be given in the early part of the examination.
Lord Ellenborough.I cannot tell a witness he is not bound to answer a question, until I see that it has some bearing and probable tendency to accuse him; otherwise I must rummage all the statute books for penalties to put the witnesses on their guard—I must not only carry all the penal laws in my head, but mention them to every witness who comes before me upon any subject.
Mr. Gurney.Did you see Mr. Holloway on the morning of the 21st?
A.Yes I did.
Q.Did he give you any directions?
A.I beg to decline answering that question.
Mr. Gurney.I submit to your Lordship he is not at liberty to decline answering that question.
Lord Ellenborough.You may answer that question. Did he give you any directions?
A.He did.
Mr. Gurney.What to do?
A.I must beg to decline answering that question.
Lord Ellenborough.You need not answer to what you did; but you must state what he proposed to you to do, unless you did it afterwards, and the having done it would involve you in a penalty.
Mr. Gurney.What did he give you directions to do?
A.To sell stock.
Q.Was it to sell all he had, or part of what he had?
A.To sell all.
Q.At what time on Monday was it?
A.About the middle of the day.
Cross-examined by Mr. Serjeant Pell.
Q.What is Mr. Holloway?
A.A wine merchant.
Q.Where does he live?
A.In Martin's-lane, Cannon-street.
Q.Have you known him any time?
A.I have known him upwards of twenty years.
Q.How long have you acted for him as his broker?
A.Perhaps two years.
Mr. James Steers sworn.Examined by Mr. Gurney.
Q.Are you Stock Broker to the Accountant General of the Court of Chancery?
A.I am.
Q.Did you as broker to the Accountant General, make purchases on Monday the 21st February?
A.I did.
Q.At what prices?
A.I made purchases to the amount of £15,957:10:8, at 71-5/8 per cent.
Q.Consols I suppose?
A.Yes, I have got them down in various sums.
Q.Was that the high price of the day, or the price at which stock opened in the morning?
A.I got to my office I think about eleven o'clock, or a little before, I took the orders from the Accountant General's office.
Q.At what time did you begin making your purchases?
A.I think from eleven to a quarter after eleven.
Q.Had the news then considerably raised the Stocks?
A.It had.
Lord Ellenborough.Is that all you did that day?
A.That is all I did that day.
Mr. Gurney.Did you do business for any body besides the Accountant General on that day?
A.I cannot speak to any thing but what I did for the Accountant General.
Lord Ellenborough.Though you cannot speak to any thing else in precise sums, do you recollect that you did buy for any body else on that day besides the Accountant General?
Q.I can speak to an entry on my books on that day, but I cannot say whether I did the business myself. I do not recollect doing any thing else myself besides that bargain.
A Juryman.At what price could you have bought that lot of Consols on Saturday?
A.I can state the purchases I made on Saturday to the Court; I purchased on Saturday the 19th for the Accountant General £6894:11:4 at 70 per Cent.
Mr. Gurney.I have called for Lord Cochrane's Affidavit, it is admitted by my learned friends that notice has been given to produce it, and it is not produced.
Mr. John Wright sworn.Examined by Mr. Adolphus.
Q.Where do you live?
A.At No. 5, Panton-square.
Q.Do you know where Lord Cochrane lives?
A.At No. 13, Green-street, Grosvenor-square.
Q.Had you occasion to see Lord Cochrane in February or March last?
A.Almost every day in February and in March last.
Q.In the course of that time did he deliver in a paper to you?
A.Yes he did.
Q.What was it?
A.He delivered several papers to me.
Q.What was done with that? (shewing a paper to the witness.)
A.Lord Cochrane brought me that affidavit for the purpose of getting it inserted in the newspapers.
Q.Did you do so?
A.I did, I got it printed in slips, and distributed a copy of it to each of the newspapers.
Q.Have you a copy of it?
A.I have not.
Q.Have you one of the slips?
A.No, I have not.
Q.Did you receive any other copies of affidavits purporting to be affidavits of persons of the name of Smith?
A.No, I had no concern whatever with Smith.
Q.Smith and his wife?
A.Certainly not, I know nothing of the printing of them.
Q.Was the Morning Chronicle one of the papers in which you put Lord Cochrane's affidavit?
A.Yes, it was.
Mr. Park.It must not be said to be Lord Cochrane's affidavit, till that is proved.
Lord Ellenborough.He printed something purporting to be Lord Cochrane's affidavit. I have taken it that Lord Cochrane delivered several papers, one purporting to be an affidavit which this witness inserted in the newspapers.
Mr. Park.But when once the expression is used by my learned friend, persons do not get rid of it again.
Lord Ellenborough.If he published it as an affidavit, it is quoad him an affidavit.
Mr. Park.To be sure, my Lord.
Cross-examined by Mr. Serjeant Best.
Q.You have said that he brought this paper to you, giving you directions to have it printed?
A.He wished it to be inserted in the newspapers.
Q.Tell us all that he said to you at the time; did he not at the time when he was giving you directions to print it, say, that if De Berenger was the man, he had given the Stock Exchange the clue to it?
A.After reading the affidavit, his Lordship said "I once saw Captain De Berenger at dinner."
Lord Ellenborough.Was this at the time?
A.Yes; he said "I once saw Captain De Berenger at Mr. Basil Cochrane's—I have no reason to think that Captain De Berenger is capable of so base a transaction, but if he is, I have given the gentlemen of the Stock Exchange the best clue to find him out."
Lord Ellenborough.Did he say what sort of clue he had given?
A.The clue as to De Berenger.
Mr. Gurney.By his affidavit?
A.Yes, that by that he had given them the best clue.
Re-examined by Mr. Adolphus.
Q.When was it this affidavit was given to you?
A.I cannot state the day.
Q.Was it so late as March?
A.No, it must be about the 27th or 28th of February I think, but the newspaper will prove the date; it might be the first or second of March, I cannot speak to that.
Q.Was it not after the 11th of March?
A.I cannot state indeed.
Q.It was given to you the day before it appeared in the Morning Chronicle?
A.It was the day before, about three o'clock.
Mr. Gurney.Look at that (shewing a pamphlet to the witness)have you received one of those pamphlets either from Mr. Cochrane Johnstone, Lord Cochrane, or Mr. Butt?
A.Lord Cochrane gave me one of those at my own request, hearing it was published.
Q.Look at that which purports to be an affidavit of Lord Cochrane.
Mr. Serjeant Best.Is that the identical book Lord Cochrane gave you?
A.No.
Mr. Gurney.Read the affidavit and tell me whether you know that to be verbally and precisely the same?
Mr. Serjeant Best.I submit to your Lordship that will not do.
Mr. Gurney.Where is your copy of the pamphlet?
A.It is at home.
Mr. Gurney.Will your Lordship allow him to go home and fetch it.
Lord Ellenborough.Certainly.
Mr. Malcolm Richardson called again.Examined by Mr. Gurney.
Q.You are a bookseller?
A.Yes.
Q.Were you employed by Mr. Butt to publish that pamphlet?
A.Not absolutely employed by him to publish it, but I sold it for him at his request, he wrote to me to know whether I would sell it for him.
Lord Ellenborough.This should be a publication by Lord Cochrane, to make the affidavit evidence against him.
Mr. Gurney.Certainly, my Lord, and if my learned friends wish it, I will wait till the witness comes back.
Mr. Serjeant Best.I have no wish to lay any impediment in the way, therefore if your Lordship thinks there is no impropriety in my permitting it to be read now, I will do it?
Lord Ellenborough.I leave it to your judgment, whether your resistance does you more good than the admission.
Mr. Serjeant Best.I will not resist it certainly. If I had the original I would deliver it up in a moment, but the fact is, we have not the original.
The Affidavit was read as follows:
"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.COCHRANE."March 11, 1814.13, Green-street."I, Sir Thomas Cochrane, commonly called Lord Cochrane, having been appointed by the Lords Commissioners 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 relative to a discovery for increasing the intensity of light. 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 wasput down by him (and Mr. Butt was in the coach) on Snow-hill, about ten o'clock; that 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. 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 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 £8000. He had no hope of benefiting 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 Sir Alexander Cochrane, I knew, had approved of.) 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 fathers, 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 any where. 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 from the Admiralty. He seemed greatly hurt at this, and recalled to my recollectioncertificates 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 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 other of his friends, in this dress, (alluding to that which he had on) or return to his lodgings where it would excite suspicion (as he was at that time in the rules of 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 up his uniform in a towel, and shortly afterwards went away in great apparent uneasiness of mind; and having asked my leave, he took the coach I came in, and which I had forgotten to discharge in the haste I was in. I do further depose, that the above conversation is the substance of all that passed with Captain Berenger, which, from the circumstances attending it, was strongly impressed upon my mind, that no other person in uniform was seen by me, at my house, on Monday the 21st of February, though possibly other officers may have called (as many have done since my appointment;) of this, however, I cannot speak of my own knowledge, having been almostconstantly from home, arranging my private affairs. I have understood that many persons have called under the above circumstances, and have written notes in the parlour, and others have waited there in expectation of seeing me, and then gone away, but I most positively swear that I never saw any person at my house resembling the description, and in the dress stated in the printed advertisement of the members of the Stock Exchange. I further aver that I had no 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 Berenger wore a grey great coat, a green uniform and a military cap. From the manner in which my character has been attempted to be defamed, it is indispensibly necessary to state that my connexion in any way with the funds, arose from an impression that in the present favourable aspect of affairs, it was only necessary to hold stock in order to become a gainer without prejudice to anybody; that I did so openly, considering it in no degree improper, far less dishonorable; that I had no secret information of any kind, and that had my expectation of the success of affairs been disappointed, I should have been the only sufferer. Further, I do most solemnly swear that the whole of the Omnium on account, which I possessed on the 21st day of February, 1814, amounted to £139,000 which I bought by Mr. Fearn (I think) on the 12th ultimo at a premium of 28-1/4, that I did not hold on that day any other sum on account in any other stock directly or indirectly, and that I had given orders when it was bought to dispose of it on a rise of one per cent, and it actually was sold on an average at 29-1/2 premium, though on the day of the fraud it might have been disposed of at 33-1/2. I further swear, that the above is the only stock which I sold of any kind on the 21st day of February, except £2000 in money which I had occasion for, the profit of which was about £10. Further, I do solemnly depose, that I had no connexion ofdealing with any one, save the above mentioned, and that I did not at any time, directly or indirectly, by myself or by any other, take or procure any office or apartment for any broker or other person for the transaction of stock affairs.""COCHRANE."
"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.
COCHRANE."
March 11, 1814.13, Green-street.
"I, Sir Thomas Cochrane, commonly called Lord Cochrane, having been appointed by the Lords Commissioners 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 relative to a discovery for increasing the intensity of light. 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 wasput down by him (and Mr. Butt was in the coach) on Snow-hill, about ten o'clock; that 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. 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 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 £8000. He had no hope of benefiting 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 Sir Alexander Cochrane, I knew, had approved of.) 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 fathers, 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 any where. 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 from the Admiralty. He seemed greatly hurt at this, and recalled to my recollectioncertificates 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 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 other of his friends, in this dress, (alluding to that which he had on) or return to his lodgings where it would excite suspicion (as he was at that time in the rules of 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 up his uniform in a towel, and shortly afterwards went away in great apparent uneasiness of mind; and having asked my leave, he took the coach I came in, and which I had forgotten to discharge in the haste I was in. I do further depose, that the above conversation is the substance of all that passed with Captain Berenger, which, from the circumstances attending it, was strongly impressed upon my mind, that no other person in uniform was seen by me, at my house, on Monday the 21st of February, though possibly other officers may have called (as many have done since my appointment;) of this, however, I cannot speak of my own knowledge, having been almostconstantly from home, arranging my private affairs. I have understood that many persons have called under the above circumstances, and have written notes in the parlour, and others have waited there in expectation of seeing me, and then gone away, but I most positively swear that I never saw any person at my house resembling the description, and in the dress stated in the printed advertisement of the members of the Stock Exchange. I further aver that I had no 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 Berenger wore a grey great coat, a green uniform and a military cap. From the manner in which my character has been attempted to be defamed, it is indispensibly necessary to state that my connexion in any way with the funds, arose from an impression that in the present favourable aspect of affairs, it was only necessary to hold stock in order to become a gainer without prejudice to anybody; that I did so openly, considering it in no degree improper, far less dishonorable; that I had no secret information of any kind, and that had my expectation of the success of affairs been disappointed, I should have been the only sufferer. Further, I do most solemnly swear that the whole of the Omnium on account, which I possessed on the 21st day of February, 1814, amounted to £139,000 which I bought by Mr. Fearn (I think) on the 12th ultimo at a premium of 28-1/4, that I did not hold on that day any other sum on account in any other stock directly or indirectly, and that I had given orders when it was bought to dispose of it on a rise of one per cent, and it actually was sold on an average at 29-1/2 premium, though on the day of the fraud it might have been disposed of at 33-1/2. I further swear, that the above is the only stock which I sold of any kind on the 21st day of February, except £2000 in money which I had occasion for, the profit of which was about £10. Further, I do solemnly depose, that I had no connexion ofdealing with any one, save the above mentioned, and that I did not at any time, directly or indirectly, by myself or by any other, take or procure any office or apartment for any broker or other person for the transaction of stock affairs."
"COCHRANE."
Mr. James Le Marchant sworn.Examined by Mr. Bolland.
Q.Are you acquainted with Captain De Berenger?
A.I was so.
Q.When did your acquaintance with him commence?
A.About 18 months ago.
Q.How long did it continue?
A.It continued until the 16th of February to the best of my knowledge.
Q.Between those periods was Captain De Berenger in the habit of calling upon you frequently?
A.He was, from the 10th to the 16th of February.
Q.At what period of the day?
A.At different periods.
Q.Did he pass his evenings with you?
A.Occasionally.
Q.In conversations with him, did you ever collect from him, whether he had any connexion with Lord Cochrane or Mr. Cochrane Johnstone?
A.I did—with both.
Q.State to the Court what he has told you.
A.He stated that he was about to go to America under the command of Lord Cochrane; on his mentioning this, I put the question to him, how he possibly could do it under the embarrassments that he laid under, upon which he answered, all was settled on that score.
Q.Do you recollect upon what day this conversation passed?
A.I should think nearly about the 14th, to the best of my recollection, he said, that for the services he had rendered Lord Cochrane and Mr. Cochrane Johnstone, whereby his Lordship could realize a large sum or large sums of money by means of the funds or stocks, one of the words, that his Lordship was his friend, and had told him a few days before, that he had kept unknown to him till that period, a private purse for him De Berenger.
Q.Did he state to you whether there was any particular intimacy between him and Lord Cochrane, or Mr. Cochrane Johnstone?
A.He frequently mentioned particular intimacy of dining, breakfasting and supping with his Lordship. He said, in which purse he had placed or deposited a certain per centage out of the profits which his Lordship had made by his stock suggestions.
Q.Did you afterwards hear of the events of the 21st of February?
A.I did so.
Q.Did you upon that make known to any parties, and to whom, your suspicions of Captain De Berenger having been active in them?
A.I did so.
Q.To whom were those communications made?
A.To Captain Taylor of His Majesty's 22nd regiment of foot, and Lieutenant Wright in the Honorable East India Company's Service.
Q.Did you collect in any conversations you had with Captain De Berenger, that Lord Cochrane and Mr. Cochrane Johnstone consulted him in any transactions of Stock?
Mr. Park.That is a pretty good leading question.
Mr. Bolland.Did he state to you any thing respecting their consulting him as to stock transactions?
A.Most undoubtedly, or I should not have drawn the conclusions I did.
Q.For what was he to have a per centage?
A.For the ideas he had given to Lord Cochrane, enabling him to make a profit in the stocks.
Q.Did he extend that to Mr. Cochrane Johnstone, or Lord Cochrane?
A.To both.
Mr. Serjeant Best.I am aware that your Lordship will not consider this as evidence against Lord Cochrane, or Mr. Cochrane Johnstone.
Lord Ellenborough.No; it is admissible evidence, the effect of it is another thing.
Cross-examined by Mr. Serjeant Best.
Q.You have been corresponding with my Lord Cochrane.
A.I have so.
Q.You are now a prisoner in the King's Bench, I believe?
A.No; I am not.
Q.You have told my Lord Cochrane?——
Mr. Bolland.Have you ever had any communication with Lord Cochrane but in writing?
A.None individually.
Mr. Bolland.Then I object to any questions except as to letters.
Mr. Serjeant Best.You are a gentleman whose appointment Government have stopped?
A.It is not stopped.
Q.Suspended?
A.It is not suspended.
Q.You mean to state that upon your oath?
A.I state that I hold the situation of Secretary and Register to the Court of Antigua and Montserrat.
Q.You have not been prevented from going out?
A.In consequence of being compelled to give my evidence either at this court or some other court.
Q.And not on any other account?
A.Not that I know of.
Q.You know of no other reasons why Government have prevented your going out, but that you may be kept here as a Witness?
A.Yes.
Q.You mean to state that broadly?
A.Precisely.
Q.Is that your hand writing? (shewing a letter to the Witness)
A.It is.
Q.Just look at these; are these your hand writing? (shewing other letters to the Witness.)
A.That is not.
Q.That is Lord Cochrane's hand writing, is it not, you have got one in your pocket that is a copy of one that Lord Cochrane wrote to you in answer to one of your letters?
A.I will look at it. (the Witness read the letter over.) This is precisely the same as one I have in my pocket.
Q.You have got that letter about you?
A.I have.
Q.Have you not proposed to my Lord Cochrane to lend you money, and have you not told his Lordship that if he would not——
Mr. Bolland.My Lord, he says he has had no communication but in writing.
A.I have had no communication with Lord Cochrane but in writing.
Mr. Serjeant Best.Would you have given this evidence if you could have obtained a loan of money from Lord Cochrane?
A.Most undoubtedly; I must have been compelled to do it upon oath if brought forwards in a court of justice.
Q.I will not have a reasoning answer, but a direct answer, and that answer I will have taken down. Would you have given this evidence here if you could have obtained a loan of money from Lord Cochrane?
A.If my Lord Cochrane had not called me forwards, of course I should not have given an evidence, but he has compelled me.
Q.That will not do, I will put the question again; I want an answer, yes, or no, to this; would you have given this evidence if you could have obtained a loan of money from Lord Cochrane?
A.I hardly consider that question as fair; if his Lordship says it is I will answer it.
Lord Ellenborough.I rather think the terms of the question embrace some communications; he says he has had no communications about a loan in any way but in writing, and I think you cannot in that way travel indirectly to the contents of a letter; if the letter says any thing about a loan of money, you may give it in evidence.
Mr. Serjeant Best.Will your Lordship allow me to put it in this way. I have no right to ask the contents of any letter but with humble deference to your Lordship; I have a right to ask this man what passed in his own mind, for it does not yet appear that he put it upon paper; if the question had been what have you written to Lord Cochrane? that would have been objectionable, but surely I have a right to ask him what is passing in his own mind upon the subject, to know the motives from which this gentleman, of whom I shall speak by and by, comes to speak.
Lord Ellenborough.Do you give your evidence from resentment in consequence of having some loan refused to you?
A.None individually—none whatever.
Mr. Bolland.My Lord, I must object to my learned friend Mr. Serjeant Best getting the effect of a correspondence which was in writing.
Lord Ellenborough.He does not refer to it, but one cannot but be conscious after what has passed, that all that has ever passed about a loan has been in writing, therefore it would be the most ingenuous course to put it in.
Serjeant Best.I certainly mean to read this man's letters.
Lord Ellenborough.I asked him in the strongest manner possible, do you now give your evidence in resentment for having a loan, or any other benefit withheld from you? You may press that if you please.
Mr. Serjeant Best.I will put it in the way your Lordship suggests. Do you not now give your evidence in consequence of your being angry with Lord Cochrane for refusing to lend you money?
A.No. So help me God.
Q.Now take care. Do you know a gentlemen of the name of Palfreyman?
A.I have met him twice, I think, within this fortnight past.
Q.You have no resentment against Lord Cochrane whatever I understand you?
A.None whatever.
Q.You have never so expressed yourself to Mr. Palfreyman?
A.I am persuaded I never have.
Q.You never have told Mr. Palfreyman then that you would be his ruin?
A.Never.
Q.Nothing like that?
A.Never.
Q.That you would assist the Stock Exchange?
A.Never.
Q.Nothing of the sort?
A.I have already answered you.
Q.That will not do. Where did you come from now?
A.I came from the Gloucester Coffee House.
Q.I should have thought you had been in a coffee house, it is after dinner time I suppose. You are sure you never said any thing of the kind?
A.I have repeated it three or four times.
Q.You know this gentleman very well, Mr. Palfreyman?
A.A very slight acquaintance.
Q.Now I ask you another thing—Did you ever disclose this conversation with Mr. De Berenger till after Lord Cochrane refused you a loan?
Lord Ellenborough.If any application you made for a loan was in writing, you are not bound to answer that question.
Mr. Serjeant Best.My question was as to the time of the disclosure to the Stock Exchange, I will certainly read his letters; this does not touch me, but my learned friends of Counsel for De Berenger had not seen these letters. My question is, whether you ever disclosed the matter you have stated to day against De Berenger till after you were refused a loan by Lord Cochrane?
Lord Ellenborough.But if the proposition for loan was in writing, the letter must explain itself.
Mr. Scarlett.If we are not allowed to examine this witness as to his motives and his conduct as to these letters, I do not see how these letters could ever be made evidence.
Lord Ellenborough.You cannot examine him as to his motives, without producing the letters, that would be extracting the most unfair testimony in the world; I know nothing about the man, I never saw his face before to-day; but he, as a witness, has a right to the common protection of the law of the land, and not to have garbled questions put to him.
Mr. Scarlett.We do mean to read the letters.
Lord Ellenborough.And then you may call him back to ask him any questions upon them; but I would not have him answer without the letters being read.
Mr. Brougham.My learned friend merely referred to the letters as a date, not to the substance of the letters.
Lord Ellenborough.But he has said that he never had any communication with Lord Cochrane, but by letter, therefore the request for a loan, if any one was made, must have been by writing, and if he is to be questioned about that request in writing, he ought to have the terms of that request in writing read before the jury, so as to give a pointed answer to it.
Mr. Brougham.With great submission, my learned friend,did not ask as to the contents of the correspondence, but in point of date and time merely; he put this question, Was your information given to the Stock Exchange previously or subsequently to that correspondence, whatever the contents of that correspondence were?
Lord Ellenborough.I never heard that question put till this moment. Previous to some supposed correspondence, without stating the nature of that correspondence, was the information given by you to the Stock Exchange?
A.No, it was given by Lord Cochrane in his publication of the correspondence in the Morning Chronicle.
Lord Ellenborough.We cannot get on without the letters.
Mr. Serjeant Best.I have no objection to the letters being read now.
Lord Ellenborough.That would disturb the order of the proceedings.
Cross examined by Mr. Richardson.
Q.The conversation with Mr. De Berenger was about the 14th of February?
A.Yes it was.
Q.Have you not reason to know that about that time he had expectations of getting some employment in America?
A.He mentioned it to me himself.
Q.To serve under Sir Alexander Cochrane who had a command?
A.To serve under Lord Cochrane as I understood.
Q.He expressed his anxious desire and wish to be so employed?
A.Particularly so.
Q.He expressed a hope that he might make himself useful to the cause, by drilling the sharp shooters, and other things of that sort?
A.That was what he represented.
Q.Did you not know that he had had experience as a volunteer officer in a particular department?
A.I had a very high opinion of him as being acquainted with that science.
Q.He had been a Captain for a considerable number of years in the Duke of Cumberland's Corps of Sharp Shooters?
A.Adjutant I understand.
Q.You considered him as a man of science and skill in that department?
A.I did.
Q.Do you not know that he was making preparations at that time in order to go to America if he should be successful in procuring the appointment he was soliciting?
A.Not making preparations, those I know nothing of.
Q.That it was his anxious wish and desire to go you heard from him?
A.Yes.
Re-examined by Mr. Bolland.
Q.Did the Stock Exchange apply to you, or did you go to them to give information.
A.The Stock Exchange applied to me and sent me a subpœna.
Q.Was the application made to you after Lord Cochrane's publication, or before?
A.After Lord Cochrane's publication. The information that I gave to the two gentlemen, Captain Taylor and Lieutenant Wright was prior to Lord Cochrane's affidavit, or its ever being mentioned in my hearing that Mr. De Berenger was implicated in this business.
The Honorable Alexander Murray sworn.Examined by Mr. Bolland.
Q.You are in His Majesty's service as an officer?
A.Not at present.
Q.I believe you have the misfortune at present to be in the King's Bench.
A.I am.
Q.In the rules?
A.In the inside.
Q.Are you acquainted with Captain De Berenger, and how long have you been so.
A.About a year and a half I have been.
Q.Who introduced you to Captain De Berenger?
A.Mr. Tahourdin, who was my solicitor, and likewise the solicitor of Mr. De Berenger.
Q.In consequence of that introduction did a considerable intimacy take place between you and the captain?
A.There did.
Q.Were you frequently together?
A.Very frequently; when I first went over to the rules of the Bench, I lodged with Mr. De Berenger in the same house for about one month, till I took a house of my own.
Q.Had you at any time any conversation with Captain De Berenger previous to the 21st of February with respect to Lord Cochrane and Mr. Cochrane Johnstone?
A.Towards the end of January I think, or perhaps the beginning of February.
Q.What was the substance of these conversations?
A.It happened one Sunday between one and two o'clock, Mr. Harrison called upon me, and we were conversing about a pamphlet he was writing.
Q.That Mr. Harrison was writing?
A.Yes; it was relative to the trial between Mr. Basil Cochrane and Mr. Harrison.
Q.That impressed the day upon your recollection?
A.Yes.
Q.Did Captain De Berenger come in that day?
A.Yes; he came in during the conversation and joined in it.
Q.Did any thing pass from Captain De Berenger on that day respecting Mr. Cochrane Johnstone and Lord Cochrane?
A.I at that time knew he was employed by Mr. Cochrane Johnstone.
Q.From whom did you understand that?
A.From Mr. De Berenger himself, that he was employed by Mr. Cochrane Johnstone in planning out a small piece of ground behind his house in Alsop's Buildings.
Q.What passed at that time about Mr. Cochrane Johnstone?
A.He mentioned that there was a transaction going on.
Q.Does the circumstance of the pamphlet bring back to your recollection what Sunday it was?
A.I cannot state the day of the month, but it was towards the end of January or the beginning of February.
Q.State what Mr. De Berenger then said?
A.He said that they had a plan in view——
A.Who had?
A.That De Berenger had, with Mr. Cochrane Johnstone and Lord Cochrane, that provided it succeeded, it would put many thousand pounds in the pocket of Mr. Cochrane Johnstone and Lord Cochrane.
Q.Upon hearing this, did either you or Mr. Harrison ask Captain De Berenger what the plan was?
A.I did, and he declined answering it; I said, "is it the plan with regard to Ranelagh which it was proposed to build in Alsop's Buildings, on Mr. Cochrane Johnstone's land," and he said "no, it is not, it is a far better plan."
Q.Did you collect from Mr. De Berenger's conversation with you, whether there was any particular intimacy between him and Mr. Cochrane Johnstone and Lord Cochrane?
A.I knew there was a very particular intimacy between him and Mr. Cochrane Johnstone, but I did not understand it was with Lord Cochrane at all; I understood he was a more recent acquaintance.
Q.From what did you collect that; what did Mr. De Berenger say to you that induced you to believe he was intimate with Mr. Cochrane Johnstone?
A.He was constantly with him; he was there almost every day.
Q.You say that his acquaintance with Lord Cochrane was recent?
A.I do.
Q.When you understood him to be acquainted with Lord Cochrane, did he state any thing with regard to his visits to Lord Cochrane?
A.He did not.
Cross-examined by Mr. Park.
Q.You have known Mr. De Berenger a great while?
A.Yes, I have.
Q.He is a man of very considerable science and attainment I am told?
A.Very much so.
Q.I believe you happen to know that he was at that time, or had been about that time engaged in some plan of Mr. Johnstone's about building a place called Vittoria, in consequence of the great victories?
A.It was to be called Ranelagh I understood, I never heard of the name Vittoria.
Q.He had been engaged for a considerable time before in drawing a plan?
A.He had, which I had seen.
Q.And that led him, as you understood, to be very much with Mr. Cochrane Johnstone?
A.It did.
Q.Alsop's Buildings is somewhere near Mr. Cochrane Johnstone's house?
A.Mr. Cochrane Johnstone has a house there, and this is the ground immediately behind it, about an acre, which is in garden ground, and which was to be converted to that use.
Q.Something upon the plan of the old Ranelagh?
A.Something upon an improved plan of Mr. De Berenger's.
Q.You have seen the plan you say, which Mr. De Berenger drew for Mr. Cochrane Johnstone?
A.Yes.
Q.How long ago is that?
A.I cannot exactly say how long ago it was.
Q.Was it before this conversation a good while?
A.Before this conversation; when I was in the habit of calling upon him.
Q.About the close of the last year probably?
A.About that time, I cannot exactly say.
Q.Was it not a very beautiful plan that he had drawn for this Ranelagh?
A.It was.