"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, 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.""Dated 13, Green-street, March 11th, 1814."
"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, 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."
COCHRANE."
"Dated 13, Green-street, March 11th, 1814."
Now comes the Affidavit:
"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 residencein Cumberland-street, about half past eight o'clock, and I was put 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 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 benefitting his creditors in his present situation, or of assisting himself, that if I would take him with me, he would immediately go on board and exercise the Sharp Shooters (which plan 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 father's, and to that and to Sir Alexander he would trust for obtaining an honorable appointment. I felt very uneasy at the distress he was in, and knowing him to be a man of great talent and science, I told him I would do every thing in my power to relieve him, but as to his going immediately to the Tonnant with any comfort to himself, it was quite impossible; my cabin was without furniture, I had not even a servant on board. He said he would willinglymess any where; I told him that the ward-room was already crouded, 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 recollection certificates which he had formerly shewn me from persons in official situations: Lord Yarmouth, General Jenkinson, and Mr. Reeves, I think, were amongst the number. I recommended him to use his endeavour to get them or any other friends to exert their influence, for I had none, adding that when the Tonnant went to Portsmouth, I should be happy to receive him, and I knew from Sir Alexander Cochrane that he would be pleased if he accomplished that object. Captain Berenger said, that not anticipating 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 favor 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 conversationis 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 almost constantly from home, arranging my private affairs. I have understood that many persons have called under the above circumstances, and have written notes in the parlour, and others have waited there, in expectation of seeing me, and then gone away; but I most positively swear that I never saw any person at my house resembling the description and in the dress stated in the printed advertisement of the Members of the Stock Exchange. I further aver, that I had no 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 connection in any way with the funds arose from an impression that in the present favorable aspect of affairs, it was only necessary to hold stock in order to become a gainer, without prejudice to any body; that I did so openly, considering it in no degree improper, far less dishonorable; that I had no secret information, of any kind, and that had my expectation of the success of affairs been disappointed, I should have been the only sufferer. Further I do most solemnly swear, that the whole of the omnium on account which I possessed on the 21st day of February, 1814, amounted to £139,000, which I bought by Mr. Fearn (I think) on the 12th ultimo, at a premiumof 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 connection or dealing 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."
"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 residencein Cumberland-street, about half past eight o'clock, and I was put 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 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 benefitting his creditors in his present situation, or of assisting himself, that if I would take him with me, he would immediately go on board and exercise the Sharp Shooters (which plan 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 father's, and to that and to Sir Alexander he would trust for obtaining an honorable appointment. I felt very uneasy at the distress he was in, and knowing him to be a man of great talent and science, I told him I would do every thing in my power to relieve him, but as to his going immediately to the Tonnant with any comfort to himself, it was quite impossible; my cabin was without furniture, I had not even a servant on board. He said he would willinglymess any where; I told him that the ward-room was already crouded, 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 recollection certificates which he had formerly shewn me from persons in official situations: Lord Yarmouth, General Jenkinson, and Mr. Reeves, I think, were amongst the number. I recommended him to use his endeavour to get them or any other friends to exert their influence, for I had none, adding that when the Tonnant went to Portsmouth, I should be happy to receive him, and I knew from Sir Alexander Cochrane that he would be pleased if he accomplished that object. Captain Berenger said, that not anticipating 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 favor 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 conversationis 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 almost constantly from home, arranging my private affairs. I have understood that many persons have called under the above circumstances, and have written notes in the parlour, and others have waited there, in expectation of seeing me, and then gone away; but I most positively swear that I never saw any person at my house resembling the description and in the dress stated in the printed advertisement of the Members of the Stock Exchange. I further aver, that I had no 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 connection in any way with the funds arose from an impression that in the present favorable aspect of affairs, it was only necessary to hold stock in order to become a gainer, without prejudice to any body; that I did so openly, considering it in no degree improper, far less dishonorable; that I had no secret information, of any kind, and that had my expectation of the success of affairs been disappointed, I should have been the only sufferer. Further I do most solemnly swear, that the whole of the omnium on account which I possessed on the 21st day of February, 1814, amounted to £139,000, which I bought by Mr. Fearn (I think) on the 12th ultimo, at a premiumof 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 connection or dealing 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."
Gentlemen, Lord Cochrane has complained that he was not called upon by the Committee of the Stock Exchange to give his explanation personally. It appears to me that he has no reason to complain that they did not so call upon him—would that he had been so called upon: what would any man have given to be present to see whether any human countenance was equal to the grave relation of this extraordinary story. Let us examine it, Lord Cochrane tells us that being at this manufactory of Mr. King's he received a note, the name of the writer of which he cannot read, yet, that he hastens home directly; engaged as he is in the superintending the making of a Lamp for which he had a patent—engaged too in this tremendous stock account, which is at this very moment, under the guardian care of Mr. Cochrane Johnstone and Mr. Butt, abruptly closing, he instantly quits the City, and hastens home to see a person whose signature he cannot decypher, and when he comes there he finds Mr. De Berenger to be the writer of the note, and he has all this extraordinary conversation with him about going on board the Tonnant to instruct the crew insharp-shooting, and then when a negative is put upon Mr. De Berenger's application at least for the present, Mr. De Berenger tells him hecannotforsooth "go to Lord Yarmouth or to any other of his friends in this dress." Why, I beg to know, cannot Mr. De Berenger go to Lord Yarmouth or any other nobleman or gentleman in the dress in which he waits upon Lord Cochrane? if he was dressed as Lord Cochrane describes, there could be no impropriety; but still more, "or return to his lodging, where it would excite suspicion,"coming outof his lodging in this dress might to be sure excite suspicion, for persons who saw him might imagine that a gentleman thus dressed was going a little beyond the rules of the King's Bench, but how could hisreturnexcite suspicion? If he was returning to his lodgings why would he want any other dress? except that he was afraid to return to his lodgings in that dress because it would afford the means of tracing and detecting him. "If I refused to let him join the ship now, he would join it at Portsmouth,under present circumstances however, he must use a great liberty, and request the favor 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 which had not been packed up." Then we are to suppose that De Berenger was satisfied; he had got rid of this cap with the gold border which might excite suspicion, and he was content to go. No says Lord Cochrane that will not do. "Having tried it," that is the hat, "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." We are, I presume then, to understand that he put on the black coat, though that is not expressly stated, "he put up his uniformin a towel and shortly afterwards went away." Then he was to go off entirely, was he? Gentlemen, I am sorry to find that my Lord Cochrane, filling the high situation that he does, sees nothing wrong in assisting a person within the rules ofthe King's Bench to abscond, for whose stay within those rules sureties have entered into a bond; either Lord Cochrane's mind has confounded all right and wrong, or what is more probable, he confesses this smaller delinquency to conceal the greater, for I say he would not have made this acknowledgment unless he had to conceal that he lent the dress for another purpose, for which purpose I say De Berenger resorted to him, and which purpose was answered by Lord Cochrane's assistance.
Another part of this affidavit is very important, "Captain Berenger wore a grey great coat, a green uniform, and a military cap." I will prove to you that the uniform was scarlet; that it was embroidered with gold, and that there was a star on the breast. I will prove that by many persons who saw it, and I will produce it to you to-day.
A circumstance is resorted to by Lord Cochrane, and indeed by his associates, as a defence which affords another proof of the infatuation of guilt. They have thought it a favorable circumstance for them that they sold out their stock early in the day at a small profit; in my mind it is one of the strongest circumstances against them. If they had believed the news would they have sold out early, and at that small profit? why did they so sell out? but because they knew that belief in the news would last but a very short time, and that they must take advantage of it without delay, for when I have stated that ten thousand or ten thousand five hundred pounds was the amount of their profit I have very much understated it, their profit vastly exceeded that, their profit was all they had been saved from losing, they had been that which is well known in the language of the Stock Exchange, they had beenBullsand they had been invariablyBulls, they had been raising the price by their purchases, their purchases had vastly exceeded their sales, as appears by the amount of the balance, they had gone on plunging deeper and deeper till they were completely out of theirdepth; the market was flat, if they had sold at 27-1/2 they would have been losers to a small amount, but unless they had made all mankind as hungry for stock as they were for profit, they could not have got rid of their million of omnium and stock, without an immense loss; and when they tell me they sold at once, I say yes, so you did, that is my argument against you: I say you did not wait half an hour when the news came, that as fast as you found the news operate, the telegraphic communication from Shorter's Court to the Stock Exchange took place, Mr. Fearn was set to work—he was ordered to sell, and he did sell by twenties, thirties, forties, and fifties of Thousands, and in the hurry and confusion they were in, one sold Ten Thousand Consols less than he had, and the other Twenty-four Thousand omnium more than he had; I think therefore this selling early, and selling at a small profit will not much avail them, but very much the contrary.
But, Gentlemen, it was felt that if the case rested there, they had done very little indeed, because no man could be so infatuated as to suppose that this story of De Berenger and his Sharp Shooters would go down, unless they shewed that De Berenger was not Du Bourg: for, if De Berenger was Du Bourg, it was very easily seen through, and therefore they set up for De Berenger, (who was not forth coming to set it up for himself) that best of all defences if true, which is sometimes resorted to in Courts of Criminal Judicature, and is commonly known by the name of analibi.—It is, I say, the best of all defences if a man is innocent, but if it turns out to be untrue, it is conclusive against those who resort to it. Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, published two affidavits of a man and woman of the name of Smith, who were the servants of De Berenger; the affidavits are of the same manufacture with the others. Affidavits are commonly in the third person, "A. B. maketh oath and saith," but I observe all these affidavits, as well LordCochrane's as the rest, begin I A. B. do swear, these Affidavits I will read to you, "I William Smith, servant to Baron De Berenger, do swear, that my Master slept at home on Sunday the 20th of February, 1814, as I let him in about eleven o'clock at night; that he went out early next morning, as I went into his room between eight and nine o'clock, and found him gone out. I went about nine o'clock, and did not return till three o'clock, being that day at my mothers cleaning some Pictures for her, and when I returned, I then found my Master at home, and I went to him to ask if he wanted any thing, he desired me to get him some ale and a mutton chop, which I did; I saw his grey military great coat and his green drill dress, and a black coat which I knew was not his, lying upon a chair in the room; he went out that day to dine between five and six o'clock, and came home about eleven that night; he slept regularly at home all that week, until Sunday the 27th, when he went away in the evening, and desired me to carry a box of clothes with him to the Angel Inn, which I did, and I there left him and have never seen him since, and this is all I know about my Master." This, Gentlemen, we have too upon the sanction of avoluntary affidavit. Then comes his wife, "I Ann Smith, female servant to Baron De Berenger, do swear, that my Master came home about twelve o'clock on Monday the 21st day of February, in a Hackney Coach,—that I believe he did, he had on a black coat, he had a bundle with him, which to its appearance, contained his grey military great-coat, and green uniform, he went out the same morning before breakfast without my seeing him; and I do further swear, that I made his bed and cleaned his room as usual, on the 21st day of February, which had been slept in: he always slept at home regularly until Sunday the 27th of February, and he went away that day, and I never have seen him since." Now, Gentlemen, if this be true, to besure it is idle to talk of Mr. De Berenger having been at Dover on that night; he could not have been at Dover, and at the same time sleeping in his bed within the rules of the King's Bench Prison. These affidavits were put out as complete and conclusive evidence, that all the surmises of Du Bourg and De Berenger being the same person were absolutely mistaken, that the visitor of Lord Cochrane, Mr. De Berenger was not, and could not be the impostor Colonel Du Bourg.
Gentlemen, at that time it was supposed Mr. De Berenger, was safe out of the kingdom, and that no contradiction of these affidavits could ever take place; and that being supposed to be the case, these parties grew very bold and there was a good deal of vapouring. Mr. Butt wanted his money. The Stock Exchange Committee came to this resolution, and it appears to me to be most honorable conduct, they resolved, not that the agreements of that day should be cancelled, but that an account should be taken of the profit made by those persons, who, in these extraordinary circumstances, had attracted suspicion to themselves. That that money should be paid into the hands of trustees, to await the result of the investigation, and if the suspicions were cleared up, they should have it, if not, that it should be disposed of, in a way that could attach no motive of interest whatever to the Stock Exchange or to their Committee. Upon this resolution, £10,500, the profit made by Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, were paid into the hands of trustees, to wait the event. Mr. Butt was not satisfied with this arrangement, and he was clamorous for his money. They said, "wait a little, Mr. Butt, you shall have it presently, if you are entitled to it."—"No," he says, "give me my money."—"It is perfectly safe, Mr. Butt, for your own honor and character's sake wait a little."—No reply, but "the money—give me the money."
——Populus me sibilat; at mihi plaudoIpse domi, simul ac nummos contemplor in arcâ.
——Populus me sibilat; at mihi plaudoIpse domi, simul ac nummos contemplor in arcâ.
Gentlemen, that was the consolation to which Mr. Butt looked, for the contempt to which he found his conduct had exposed him;—that consolation he will not have—he will have conviction and shame, but he will not get the money.
Gentlemen, the complete developement of this business, however, now approached. In the beginning of April, Mr. De Berenger was heard of at Sunderland, endeavouring to get out of the kingdom. A warrant had some time before issued from the Secretary of State for his apprehension; and most fitly had it been issued, for though Mr. De Berenger, as an alien, had a licence to live in any part of Great Britain he had no licence to go out of it; and he had abused the privileges of an alien, by having attempted a gross imposition on a high Naval Officer of the country: and information being given to the officer, who had had that warrant in his possession for three weeks, he set off to Sunderland after him. He found he had gone from thence to Newcastle, from thence to Glasgow, and from thence to Leith; and at Leith, on the 8th of April, he apprehended him. He was brought to London, and arrived in London on the 12th, and then on being shewn to various persons who had seen him in the course of his journey, he was identified by every one of them as Du Bourg;—by persons at Dover,—by persons at Dartford,—by the drivers,—by the coachman,—and above all by a very important person in this transaction, he was identified by a Mr. Solomon.—And I will tell you who Mr. Solomon is.—An account of the dress of Colonel Du Bourg having been published, the public attention was drawn to that circumstance, and in the latter end of March a fisherman in dredging in the Thames a little above London Bridge brought up from the bottom a bundle (which had been sunk bypieces of lead) containing a scarlet Aid de Camp's uniform cut in pieces, and a star and badge which identified it beyond contradiction, and upon this being advertised, a Mr. Solomon, an Army Accoutrement Maker, who has one shop at Charing Cross and another in New-Street Covent Garden, came forward and identified these as the cloaths which, together with the grey coat and the military cap, he had sold to a gentleman on Saturday the 19th of February; the gentleman was very liberal in his purchases and said that all these things were to be sent into the country for a person to perform the part of a Foreign Officer. Mr. Solomon said perhaps Sir you had better take them on hire. No. He was not disposed to do that, he would rather purchase them, and he did purchase them, and he paid for them in one pound notes and took them away in a Hackney Coach. On Mr. Solomon being taken to see Mr. De Berenger he recognized his person as the person who had so bought the clothes and paid for them.
Gentlemen, what now becomes of these affidavits and of those who made them? what becomes of this alibi for Mr. De Berenger? what becomes of the affidavits of his servants Smith and his wife? what becomes of Lord Cochrane swearing as he does to his green coat? why do persons resort to falsehood, but because truth convicts them? If any person who is found in suspicious circumstances, and is accused of the highest offence known to the law, resorts to lies to excuse himself, his life pays the forfeit, for no man resorts to lies unless he knows that the truth is absolute conviction: why have these persons thus involved themselves deeper, but because, when they found detection approaching them, they wished to ward it off, careless what were the means, careless who was the instrument, careless too who was the victim.
Gentlemen, suppose I were to rest my case here, and were to call upon my learned friends to answer this case, I beg to know what answer they could give? what are they tosay for this impostor Du Bourg, this real De Berenger, resorting to the house of Lord Cochrane thus deeply interested in the success of this fraud? thus linked inseparably with two other persons equally interested in the success of the fraud, who, if a different kind of news had arrived that day, would have been absolutely ruined: for if on the 21st of February that news had arrived, which just a month after did arrive of the rupture of the negociation at Chatillon, there would have been such a fall in the price of the funds that these three persons would have been losers to the amount of upwards of one hundred and sixty thousand pounds. What will my learned friends say for persons thus circumstanced, thus involved in suspicion, thus by falsehood and by moral perjury, though not legal, endeavouring to defend themselves? Will my learned friends to day call these Smiths? will they put these persons whom they have made commit this moral perjury into that box and expose them to the charge of legal perjury? if they do not put them there they "die and make no sign;" and, if they do I think I shall be able to shew you who manufactured these affidavits, and how these servants, the Smiths, have been dealt with. I will undertake to prove out of their own mouths that their master was from home that night instead of being as they pretend, in his bed.
But, Gentlemen, when my learned friends find it impossible to stand upon the ground which their clients have before taken, perhaps they may say, for in the distress of their case I do not know what may not be said;—well, admitting that De Berenger was Du Bourg, are we to infer from his visit to Green-Street that Lord Cochrane and he were thus criminally connected?—why you must infer the contrary; it is a proof of innocence, for if they had been so connected, De Berenger would not have been such a fool as to pay his first visit to Lord Cochrane, he would have gone to any other house rather than to Lord Cochrane's. Gentlemen, that argument will notassist my learned friends, for it is too much to ask credit for rational conduct in those who cannot act criminally without acting irrationally. They who contrive schemes of fraud cannot always provide for all possible events. No, Gentlemen, it is the order of Providence, in mercy to mankind, that wickedness should be defeated by its own folly. When the mind is in disorder the course is not straight and even, but irregular and wavering, it is detected by its obliquity: it is by the winding of the course that you discover you are in the path of the serpent "Quem Deus vult perdere prius dementat," is a maxim which comes down to us sanctioned by the experience of all ages; and no man who has not slept for the last two years, can hesitate to set his seal to its truth. Gentlemen, it is as true of Stock-jobbing conspirators as it is of those who have lately been entrusted with the destinies of empires. There is always something omitted, the omission here was this; in settling their plan of operations they had forgotten to provide where De Berenger should resort on his arrival in Town, and on his way his heart failed him, as to going to his own lodgings; he dared not enter into his own lodgings in a dress, which dress would lead to detection, and he therefore drove to Lord Cochrane's to get rid of his dress; and there he, by Lord Cochrane's assistance, did get rid of it; he procured a round hat and a black coat, and then went confidently and safely home to his lodgings, exempt from observation and suspicion.
But, Gentlemen, I have to tell my learned friends, that if they could dispose of all this, their task would be but just beginning. You will naturally ask, was De Berenger a person known to the Cochranes?—Can it be shewn from any other source, that they had ever been together before? Gentlemen, I will shew you that De Berenger was extremely well acquainted with them; that he was a visitor at Lord Cochrane's, and a visitor at Mr. CochraneJohnstones; that he made it his boast that he was on very familiar terms with them, and that he had given them important assistance in stock-jobbing transactions, and that he expected to be handsomely rewarded for his services, for that by his means they would get a great deal of money by these stock-jobbing transactions. I will prove this to you by more than one witness. I will prove their acquaintance, if necessary, by persons even of Mr. Cochrane Johnstones family.
Gentlemen, my proof does not end there. If Mr. De Berenger was the hired agent of these persons, for the purpose of committing this fraud, what would you expect?—why that after they had used him they would pay him and send him away.—I will prove to you, that they did so pay him, and that they did send him away.
You have learned from these affidavits of the Smiths, (which so far are true,) that on the evening of Sunday the 27th, (which was the Sunday after he was at Dover,) he quitted his lodgings, and was seen no more. Who do you think was his visitor on Saturday the 26th?—Mr. Cochrane Johnstone. On Saturday the 26th Mr. Cochrane Johnstone came to his lodgings, and left a letter for him; that letter, no doubt, hastened his departure, and off he went. He was taken at Leith, and there were found in his possession certain books and papers and bank notes; these bank notes Mr. De Berenger has desired to have returned to him. The prosecutors thought that one bank note for one pound was as good as another bank note for one pound; and in order that Mr. De Berenger might not complain of being cramped in pecuniary matters, they gave over to him notes of corresponding value. But that does not satisfy Mr. De Berenger; he wants the very identical notes taken from him; he has contracted an affection for them I suppose, on account of their having been his travelling companions. They were his solace ina long journey, and the support to which he looked in future in a foreign land. What harm can these notes do to Mr. De Berenger?—He is much too deeply implicated in this to make the presence or the absence of these notes of the least consequence to him. Who can be so blind as not to see, in thepretended anxietyof Mr. De Berenger for these notes, thereal anxietyof his fellow conspirators; who having made him their instrument in the fraud, wish to make him their instrument in the destruction of the evidence.
Gentlemen, there have been differences of opinion on the subject of Bank Notes as a circulating medium, but there can be no difference of opinion as to their being most admirable detectors of fraud. I have these Bank Notes here, and you will find that the fears of these Defendants are well founded, for they furnish conclusive proofs of their guilt. I will read to you first, however, a memorandum of Mr. De Berenger's, in a little book, which was found in his letter-case; from this he appears to have written on the 1st of March, a letter to "C. J." which I take to be Cochrane Johnstone; there are other initials mentioned in the same page, as "W. S." which I take to be his servant, William Smith; and "G. T." which I presume to be Gabriel Tahourdin, his attorney.
The name of Mr. Tahourdin reminds me of something which I had forgotten to mention. The sureties for Mr. De Berenger keeping within the Rules of the Bench, were a Mr. Cochrane, and Mr. Gabriel Tahourdin, his attorney, and also the attorney of Mr. Cochrane Johnstone, they were bound in a penalty of four hundred pounds for Mr. De Berenger keeping within the Rules of the King's Bench, Mr. De Berenger absconded and left them liable to the penalty of their bond; and I cannot sufficiently admire the good nature of Mr. Gabriel Tahourdin, who not only has forgiven him for leaving him in the lurch, but actually defends him to-day, and is also one of his bail on this indictment.
Gentlemen, there are some parts of this memorandum which I cannot interpret; perhaps Mr. Cochrane Johnstone will give us the letter, and that will supply the explanation. It begins, "To C. J. by March 1st, 1814, £350, £4 to 5000, assign one share of patent, and £1000 worth shares of Mr. De Beaufain, at Messrs. H. to their care." Now comes the important part; I should tell you, Gentlemen, that Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, allege that their gains were not quite so great as the Committee of the Stock Exchange estimate them to have been. They say, that the gains of the three were but £6500, of which Lord Cochrane's share was £1700, and Mr. Cochrane Johnstone's and Mr. Butt's were £4800. Mr. Butt was the person who transacted the business, being more a man of figures than the other two, and acting as their agent, he had rendered his account to Mr. Cochrane Johnstone; and it should seem as if Mr. De Berenger's compensation was a per centage upon their gains, for he writes thus: "Believe, from my informant, £18,000, instead of £4800;" he thinks their profit was four times as much as they say; "Suspicious that Mr. B." who can that be except Mr. Butt? "does not account correctly to him as well as me—determined not to be duped—no restrictions as to secrecy, requesting early answer."
These are evidently the heads of a letter which he has written to Mr. Cochrane Johnstone. There are other notes of letters to Mr. Tahourdin and William Smith, giving directions, which plainly indicate that he was a man quitting this country never to return.
Gentlemen, there were found I have told you, certain bank notes, and a memorandum book, and you will find in this memorandum book there are the figures 450 and 90 summed up together, making £540. You will find that he must have received about that sum from Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, he accounts herefor the expenditure of a considerable part of it, and as you go along with me, you shall be able to account for it: so here is W. S. that is William Smith, £50, W. S. again, £20 and so on, with names and sums altogether amounting to £163, and then there is a statement of expences on his journey: he appears from both to have had in his hands £540. From whom do you think he had it? From his associates in this transaction, Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt; we have traced the notes up to every one of them. I shall be enabled to shew these persons actually paying him this very money, and when? Between the time of his transaction and his absconding. I will shew you that Mr. Fearn on the 10th of February, drew a check on Bond and Company for £56 5s. payable to Mr. Butt, that that was paid partly in a fifty pound bank note, that bank note was found in the possession of Mr. De Berenger when he was taken at Leith. On the 16th of February, Mr. Smallbone drew a check on Jones, Loyd, and Company for £470. 14s. 4d. made payable to a number, but actually given by him to Lord Cochrane, that was paid in a two hundred pound note, two one hundred pounds, a fifty pound, some small notes, and the fraction in cash. The two hundred pound note was by order of Mr. Butt, exchanged by Christmas (a Clerk of Fearn's) at Bond's, on the 24th of February.—Mark the day, Gentlemen, the Thursday after this fraud, for two £100 notes, those two £100 notes this same Clerk of Mr. Fearn's carried to the Bank, exchanged them for two hundred notes of one pound each, brought them back and gave them to Mr. Fearn, who put them into the hands of Mr. Butt; and, as if these persons had been anxious to link themselves to each other inseparably, Mr. Butt, in Mr. Fearn's presence, handed them over to Mr. Cochrane Johnstone. Gentlemen, of these two hundred notes, I will shew you that eleven were passed at Hull, Mr. De Berenger having been at Hull at that time; that seven werepaid by him at Hull, that seven more have come into the bank from that country, marked with De Berenger's name, and that sixty-seven of them were found in Mr. De Berenger's writing desk at Leith.
Gentlemen, I told you that there were two other notes for £100 each. At the same time that Christmas went to the Bank on the 24th, Mr. Lance, who was another of their Agents, went to the Bank, and immediately after Christmas (for the numbers follow each other in the Bank Books) for the other two notes of £100 each, he got two hundred notes also of one pound each, and he gave them to Mr. Butt. Gentlemen, of those two hundred notes, forty-seven have come into the Bank with De Berenger's name upon them, and forty-nine more of them were found in Mr. De Berenger's writing desk. I mentioned to you that another note given in payment of this check to Lord Cochrane, was one for fifty pounds,—that Bank note of fifty pounds, I will prove Lord Cochrane himself paid away to his own coal merchant.
Then, Gentlemen, there is another check paid the 25th of February, 1814, on Prescott and Company by Lance, for £98. 2s. 6d. made payable to Mr. Butt, this was paid in a Bank note for fifty pounds, another for forty pounds, and the remainder in small notes. In the memorandum book, there is an entry to S. £50 importing that he had given to Smith £50. I will prove that Smith paid to Mr. Seeks that same note for fifty pounds, and the forty pound note I will prove that De Berenger paid at Sunderland to Mr. Bray, the rest we are not able to trace: add these sums together, they amount to the £450, and the £90, the very figures entered in Mr. De Berenger's memorandum book, which memorandum book was found in his writing desk when he was taken. Gentlemen, when I thus shew De Berenger, who quitted London on Sunday the 27th of February, having accomplished this fraud on Monday the 21st, thus possessed ofnotes of this large value, in this great number, which were in the hands of these Defendants on Thursday the 24th; are you not just as certain that he received those notes from these Defendants as a reward of his criminal service, as if you had been yourselves by, seen the notes paid, and heard the reason assigned for which they were paid.
It was stated in the Newspapers, that some of the notes found on De Berenger, had been in the hands of Mr. Butt, upon which Mr. Butt directly addressed this letter to the Morning Chronicle, which appeared on the 18th of April. "Sir, Having read in several papers, a paragraph mentioning that Bank notes were found in the trunk of Captain De Berenger, which were in my possession, and were paid to me by Mr. Fearn, one of my Stock brokers, I think it proper in answer thereto, to say, that as the circumstances will be more fully discussed at a proper period, your astonishment will cease to exist when you see in what manner Captain De Berenger became possessed of the notes in question." Then Mr. Butt knows in what manner De Berenger became possessed of these notes, I call upon Mr. Butt to tell you how they came into De Berenger's possession; my learned Friends will hereafter have to inform you. And, Gentlemen, you will require something more than my Friend's statement, for the statement of Counsel you know, is from the instructions of the Client, and the instructions of the Client may deserve no more credit than avoluntary affidavit. I call upon Mr. Butt to shew that by evidence, and if he does not shew you that those notes came into the hands of De Berenger from some other quarter, for some other reason as a reward for some other service, it is impossible for you to resist the conclusion that they were the reward of De Berenger, for the guilty services which he rendered in this fraud; and if so, it was a reward from Lord Cochrane, it was a reward from Mr. Cochrane Johnstone, it was a rewardfrom Mr. Butt, they are one and the same, there is an identity between these three persons that hardly ever existed, they have but one mind, they are inseparably connected.
Gentlemen, I have to apologize to you for having in this large mass of matter omitted one thing, I stated that I should prove to you that Mr. Cochrane Johnstone had called at the house of De Berenger the day before he finally went off, I shall prove that by Mrs. Davidson, with whom De Berenger lodged, and I shall, by her evidence and that of her husband, falsify the Smith's affidavits, for I will shew by them that on the night in question De Berenger slept out, and that the fact of his sleeping out was known to Smith and his wife, who have made the affidavits.
Now, Gentlemen, it appears to me that I have done a great deal more than sufficient to prove these persons guilty, but they are never contented with giving evidence against themselves; upon the arrival of De Berenger in London they began to apprehend that the hour of detection drew near, and that they must strike a bold stroke to ward off the blow, and on the 12th of April, Mr. Cochrane Johnstone writes a letter to the Chairman of the Committee of the Stock Exchange which I will read to you—"Sir, I have this moment received a letter, of which the inclosed is a copy, and lose no time in transmitting it to you, for the information of the Gentlemen composing the Stock Exchange Committee; from the bearer of the letter I am given to understand that Mr. Macrae is willing to disclose the names of the principals concerned in the late hoax, on being paid the sum of £10,000, to be deposited in some banker's hands in the names of two persons to be nominated by himself, and to be paid to him on the conviction of the offenders. I am happy to say that there seems now a reasonable prospect of discovering the author of the late hoax, and I cannot evince my anxious wish to promote suchdiscovery more than by assuring you that I am ready to contribute liberally towards the above sum of £10,000 and I rest assured that you will eagerly avail yourselves of this opportunity to effect the proposed discovery, and an object you profess to have so much at heart, by concurring with me in such contribution, I have the honor to be, Sir, your obedient humble Servant, A. Cochrane Johnstone." And then there is Mr. M'Rae's letter inclosed, addressed to Mr. Cochrane Johnstone. "Sir, I authorize the bearer of this note to state to you that I am prepared to lay before the public the names of the persons who planned and carried into effect the late hoax practised at the Stock Exchange the 21st of February, provided you accede to the terms which my friend will lay before you, I am, Sir, your obedient servant, A. M'Rae." Mr. M'Rae's friend must have been the bearer of some message, for you observe that Mr. Cochrane Johnstone's letter states more than Mr. M'Rae's letter offers, Mr. Cochrane Johnstone does not receive an answer, and that he considered as very ill treatment. Six days afterwards he writes another letter, "Sir, I have to request that you will be so good as to inform me what are the intentions of the Stock Exchange on the subject of the letter which I addressed to you, relative to the proposal of Mr. M'Rae; Lord Cochrane, Mr. Butt, and myself are willing to subscribe £1,000 each, in aid of the £10,000 required by Mr. M'Rae."
Gentlemen, these letters call for more than one observation; I cannot forbear to make one upon the term which Mr. Cochrane Johnstone employs to describe this transaction—"a hoax," a mere joke, a matter of pleasantry. Gentlemen, a young, a giddy, an unthinking and careless man, who had no concern in the transaction, and who had never been suspected to have had any, might perhaps, in conversation, make use of that term; but Mr. Cochrane Johnstone is not young, he is not giddy, he is not unthinking,he is not inexperienced, he has seen much of the world, he is a cautious man, he is a man of high and noble family, he knows that he is suspected of having been a party in this transaction, and yet he calls it ahoax! I beg to know what word in Mr. Cochrane Johnstone's vocabulary is to be found to expressfraud? I presume he would call obtaining money by false pretences, an indulgence of the imagination, and playing with loaded dice, a mere exercise of ingenuity. Is it possible for any innocent man, situated as Mr. Cochrane Johnstone then was, to describe this foul fraud by the name by which Mr. Cochrane Johnstone here describes it? But, Gentlemen, look at the proposal itself; what must Mr. Cochrane Johnstone have thought of the Stock Exchange Committee? surely he must have thought that they were selected for their extraordinary gullibility, when he made this proposal to them. Undoubtedly they would have had no objection to the assistance of an accomplice, but it must not be an accomplice chosen by his associates. No, Gentlemen, an accomplice chosen by his associates is not chosen to divulge, but to suppress the truth. I should have thought that Mr. M'Rae, knowing that they had complete proof against him—which had been obtained at a cheaper rate than £10,000 might have made a more moderate proposal. I should have thought that impunity for himself, which is the common price of an accomplice, would have been sufficient to have had the evidence of Mr. M'Rae, but Mr. M'Rae's price is ten thousand pounds; his worthy companions are willing to contribute three—that is, they will give him three thousand, and will obtain for him seven thousand more; and I have no doubt, that if the offer had been accepted, Mr. M'Rae would very honestly have earned the whole, and have duly recollected to whom he was obliged for it.
Gentlemen, when Lord Cochrane, a few years ago, was preparing for an attack upon the French fleet in BasqueRoads, suppose the French admiral had sent this letter to him:—Sir, You are preparing to attack me to-morrow, the bearer is the best pilot on our coast, I should be sorry that you should run upon a rock, he will pilot you safely, do but accept his services; but as his skill is great his price is high—he requires ten thousand pounds; but so anxious am I for the success of your enterprize, that I will give him three if you will but give the other seven.
Gentlemen, this is the modest proposal which Mr. Cochrane Johnstone makes to the Committee of the Stock Exchange; and when he has so done he affects to be extremely angry that the Committee do not accept it.—Gentlemen what can be said more; what men would have resorted to this expedient but men who felt that they were on the eve of detection, and who tried this desperate expedient to see whether they could ward it off.
Gentlemen,—I believe I have now arrived at the end of my long trespass upon your attention. Survey the whole of these transactions. You find that the principals,—those who were to benefit above all others, were the Cochranes and Butt; Holloway in a smaller degree, but still not slightly;—De Berenger the principal agent;—the others, subordinate agents, who could have done nothing unless the foundation had been previously laid by De Berenger, in the character of the officer from Dover; his news had had its effect upon the funds even before the second arrived. Though it cannot be shewn, as in many cases it cannot, that these parties met and conferred and assigned to each his respective part, yet if you find a coincidence in object, and a coincidence in time; if you find the mode of execution precisely the same, is it possible to doubt that these underplotters were the agents of the great conspirators;—That the great conspirators were the authors of the plan, and that the others were executing their subordinate part?
Gentlemen, I have given you the best assistance in my power to understand and apply the evidence which will be laid before you. They whom I represent, have no wish but that justice should be done; they have investigated this subject with great care, with great assiduity, with great diligence, with great anxiety. They have had no personal difference with any of these defendants; they have never come in collision with them, to have the smallest possible difference; they have no wish but justice, and I am sure that at your hands they will attain that justice; and your verdict to day, (which I am sure after you shall have heard the whole of this case, will be a verdict of guilty,) will be a most salutary verdict:—It will shew the world that as there is no man beneath the law, so there is no man above it. It will teach evil minded persons, the absurdity of expecting that schemes of fraud can be so formed as to provide for all events. It will teach them that no caution can insure safety: that there is no contrivance, that there is no device, no stratagem, which can shield them from detection, from punishment, and from infamy.
John Marsh sworn.Examined by Mr. Bolland.
Q.I believe you keep the Packet Boat public house at Dover?
A.I do.
Q.Was your attention called to any thing early on the morning of the 21st of February?
A.No more than a gentleman was knocking at Mr. Wright's door of the Ship Inn, at Mr. Wright's fore door.
Q.What time?
A.Some time about one, or a little after one, between one and a quarter after one.
Q.Did you go out upon hearing that?
A.I did.
Q.Did you take any light with you, or did you go without one?
A.I went without a light.
Q.Upon going out whom did you find at Mr. Wright's door?
A.Some gentleman there.
Q.What was his appearance?
A.He appeared to be a gentleman.
Q.What was the appearance of his dress?
A.He had on a grey greatcoat and a uniform coat under it.
Lord Ellenborough.Was there light enough by the moon or the stars for you to see this?
A.After I got to the door, I called to a gentleman in my house to bring two lights across, when I had the two lights, the gentleman was in the passage.
Mr. Bolland.Do you mean the gentleman you had seen at the door?
A.Yes; he had a star on his red coat.
Lord Ellenborough.That coat you describe as a uniform coat, was a red coat?
A.Yes it was.
Mr. Bolland.That was under the great coat?
A.Yes.
Q.Will you look at this star, (shewing it to the witness,) and tell me whether it was like that?
A.That I cannot tell, it was something similar to that.
Q.Had he any other ornament?
A.Not to my knowledge.
Q.Did you say any thing to him or he to you?
A.He was very anxious for a post chaise and four.
Q.Did he apply to you for that?
A.No not to me in particular.
Q.Who had come down to him?
A.The porter at the Ship.
Q.Had you any conversation with him?
A.He wanted an express horse and a man to send to the Admiral at Deal.
Q.Did all this pass in the passage, or had you proceeded further?
A.It passed in the passage.
Q.Did he proceed into the house?
A.I asked him where he came from, and he told me he was the bearer of the most important dispatches that had been brought to this country for these twenty years; I asked him where he came from; he told me from France. I asked him where he landed, he told me on the Beach, and he begged of me to get a post chaise and four for him; and then I went and called Mr. Wright of the Ship Inn; after I came down from calling Mr. Wright, he wanted pen, ink, and paper.
Lord Ellenborough.He went into the Ship Inn, did he?
A.I shewed him into a room of the Ship Inn. As soon as Mr. Wright came down stairs, Mr. Wright gave me a sheet of paper, and pen and ink, which I carried into the room. I gave it to him, and he began to write upon it.
Q.You saw him write upon it?
A.I did. He called for a bottle of Madeira, and something to eat. I asked him whether I should call the collector of the port; I told him that it was his business to see such people when they landed; he made answer to me, that his business did not lie with the collectors; then Mr. Wright came to him, and I had no more conversation with him.
Mr. Bolland.You say two candles were brought to you?
A.Yes.
Q.Where were those candles placed?
A.On the table where he was writing, one on each side of him.
Q.Had you an opportunity from the situation of them of observing his person and face?
A.Yes, I think that is the person, (pointing out Mr. De Berenger.)
Mr. Gurney.I will thank Mr. De Berenger to stand up.
Mr. Park.Not unless his Lordship desires it he need not stand up.
Lord Ellenborough.He will make his election whether he will stand up or not.
Mr. Park.He is not to be shewn about like a wild beast as he has been.
Mr. Bolland.Who else was there?
A.A gentleman of the name of Gourley, and another of the name of Edis.
Q.Did you see another person there of the name of St. John?
A.I did not know him, they say there was such a person there.
Q.Was there another gentleman in the house?
A.Yes there was.
Q.Did you go away or remain with him?
A.I went to get the horses ready for him with all possible dispatch.
Q.Did you see him get into the chaise?
A.I saw him after he was in.
Q.Did any thing more pass in your presence?
A.No more than that he told the two postboys he would give them a Napoleon each.
Q.Did you observe how his head was dressed?
A.He had a German cap on with a gold fringe on it or silver; I did not pay that attention to it to say which, it had gold lace round the bottom part of it.
Q.Was it such a coat as that, (shewing a grey coat to the witness.)
A.Yes, such a color as that.
Q.And such a cap as that, (shewing a fur cap to the witness?)
A.Such a cap; but whether that was the cap I did not pay attention.
Q.Have you told his Lordship all that you saw and heard?
A.Yes.
Q.Did he tell you how he got to the beach?
A.No, he told me he landed on the beach.
Cross-examined by Mr. Park.
Q.What are you to this Ship Inn, I do not quite understand?
A.I live opposite.
Q.Are you any way connected with the Ship Inn?
A.Not in the least.
Q.How came you, hearing a knocking at Mr. Wright's Ship Inn, particularly to get up?
A.I was up.
Q.What had you to do with the Ship Inn, that because a man is knocking at the Ship Inn door you light candles at your house and carry over?
A.I went across to see who the gentleman was.
Q.Merely curiosity?
A.Mere curiosity.
Q.And from the same spirit of curiosity you lit two candles and brought them over to the Ship Inn?
A.I told a person to bring them over.
Q.Was it very beautiful moonlight that night?
A.No it was not moonlight.
Q.Was there any moon that night; had there been that night at all?
A.I did not pay that attention to the night to say.
Q.It was beautifully starlight I suppose.
A.I do not know, I did not pay that attention.
Q.Was it a foggy night?
A.That I did not look after.
Q.You will see by the Almanack it was new moon the night before; you did not observe whether it was moonlight, starlight, or foggy?
A.No.
Q.You found he had got into the passage of the house when you got the candles?
A.Yes.
Q.Who let him in?
A.The boots.
Q.Did you see him?
A.Yes in the passage.
Q.How long did you converse with him about the news that you say he said was greater than had ever been heard of for these twenty years from France? All that passed in the passage?
A.Yes.
Q.How long a time might you be in the passage?
A.Not longer than five minutes before I went to call Mr. Wright.
Q.Do you mean you were with him only five minutes before you went up stairs to call Mr. Wright, or altogether?
A.Altogether I suppose about that, I cannot speak to a minute; but he was in great haste to get away.
Q.How long do you think this person was altogether at Mr. Wright's?
A.I should think not more than twenty minutes.
Q.Where were the candles all this time you were in the passage with him?
A.I had them in my hand.
Q.What did you do with them when you went up to Mr. Wright?
A.I left them with him in the parlour; boots got me a candle.
Q.You held the candles in your own hand while you remained in the passage?
A.Yes, while the boots unlocked the parlour door, and I went and put them on the table.
Q.Before you went up stairs?
A.Yes.
Q.Had the person who you say was this gentleman gone into the parlour before you went up stairs?
A.Yes he had.
Q.I take for granted when you came down stairs and Mr. Wright got the paper you did not go in again?
A.No; he wished me gone, and I did not go in again.
Q.Then altogether, except for seeing him for five minutes in the passage, and you going into the parlour for the short time you did, and afterwards when you saw him in the post chaise, and when he offered the postboys a Napoleon each you did not see him?
A.No.
Q.You had nothing to do personally with this inn called the Ship?
A.No, I keep the Packet Boat opposite.
Q.Do you know whether there had been a large company at the Ship Inn that day?
A.I do not know.
Q.You had not seen Mr. Wright the innkeeper late in the evening of that day, had you?
A.No.
Q.Had you ever seen this person who you say is the gentleman sitting before me before that time?
A.Not before, nor yet since, till to-day.
Q.And from this slight observation of him, which you have described, you take upon you confidently to swear that this person sitting before me is the man?
A.Yes.
Q.Never having seen him before nor again till this day?
A.I am very well satisfied.
Q.You are very easily satisfied I see; were you ever examined upon this subject before?
A.Mr. Stowe, the collector—
Q.I do not ask as to Mr. Stowe, but were you ever examined in London before?
A.No, never.
Q.Mr. Stowe is the only person who has examined you upon this subject till my learned friend has done it now, and I cross-examine you?
A.Yes.
Re-examined by Mr. Bolland.
Q.Before you sent for the lights, had the gentleman told you what his business was, and that he had landed from the Beach?
A.He told me before I sent for the lights; I was in the passage with him at the time till the lights came.
Q.Was your attention particularly called to him as a stranger of some importance?
A.Undoubtedly.
Q.You have said you had not seen the person before whom you have pointed out?
A.No.
Q.Did any body suggest to you that that was the person when you saw him?
A.No, it was by myself in the hall.
Q.Did you know him when you saw him?
A.The instant I saw him.
Q.Had you the least doubt upon your mind of his being the man?
A.Not the least.
Thomas Worthington Gourley sworn.Examined by Mr. Bolland.
Q.You are a hatter at Dover I believe?
A.I am.
Q.Were you at Mr. Marsh's, the Packet Boat, on the morning of the 21st of February?
A.I was.
Q.Was your attention called to any thing in particular on that morning?
A.Yes it was, after Mr. Marsh went out first and called for lights, I took two candles and went across with him to the Ship.
Q.On getting to the inn what did you perceive?
A.I perceived a gentleman in a grey coat, a pepper and salt coloured coat, more properly speaking.
Q.Look at that coat, and tell me whether it was like that?
A.Something similar to that.
Q.Did you remark any other part of his dress?
A.Not at that time.
Q.Tell us what passed when you went over?
A.Mr. Marsh asked me to go and call the ostler up, and tell him to get a post chaise and four immediately.
Q.Had the stranger said any thing in your presence?
A.Not at that time.
Q.Did you do so?
A.I did.
Q.Did you return back again?
A.After some considerable time—I was sometime in getting the ostler up.
Q.Where did you find the stranger on your return?
A.I found him in the parlour.
Q.Were there any lights in the room?
A.There were.
Q.How were the lights placed with reference to him, and what was he doing?
A.There were two candles on the table, the gentleman was walking about, he had got a uniform dress on I perceived then.
Q.What was the colour of that dress?
A.Red, trimmed with gold lace, with a star upon his breast.
Q.Did you perceive any other ornament?
A.No I did not, to notice it.
Q.Did you make any remark upon the dress of his head?
A.He had got a cap on.
Q.Was it like that cap?
A.Something similar to that.
Mr. Park.Does your Lordship think they ought to be exhibiting these paraphernalia; it appears to me something like a novelty exhibiting such things in a Court of Justice till the proof has gone further?
Lord Ellenborough.The witness has said he had a cap on, and so on.
Mr. Park.If they had asked was it that cap I should not object to it if they were prepared to prove that was the cap, but they might send to Covent Garden wardrobe and fetch all these things?
Mr. Gurney.I undertake to prove by the person who made the dress for De Berenger, that these are fac similes of the articles of dress made for him.
Mr. Park.You stated that very expressly and very clearly.
Lord Ellenborough.Unless his recollection goes to their being such things, I think it would not go far; it is a thing that occurs every day, I have seen it twenty times at the Old Bailey.
Mr. Park.It assists the recollection of the witness, which I say my learned friends are not entitled to do.
Lord Ellenborough.When the witness has given a previous description of the dress, it is very usual to ask wherein does it differ, or what sort of a thing is it—they must first lay the foundation for the production which I think they have done in this case.
Mr. Bolland.Had he a cap upon his head similar to that?
A.Yes he had.
Q.Had that gold lace on?
A.It had.
Q.You say the gentleman was walking up and down the room?
A.Yes.
Q.Did he say any thing in your presence?
A.I asked him what the news was.
Lord Ellenborough.How came you to ask that?
A.Because I had heard Mr. Marsh say he was a Messenger come over.
Mr. Bolland.Did he reply to that?
A.He told me that Messengers were sworn to secrecy, but that he had got glorious news he had brought over to England, the best that ever was known for this country.
Q.Had you any further conversation with him?
A.He rung the bell and called for a pen, ink and paper, to write a letter to send off to the Admiral at Deal.
Q.Was that brought to him?
A.It was, and he was writing the letter some little time while I was there, and I bid him good night after that.
Q.Did you take leave of him before he had finished the letter?
A.I did.
Q.Where were the candles during the time that he was writing the letter?
A.On the table.
Q.Were they sufficiently near him to enable you to observe him?
A.Yes they were.
Q.Can you point out to the Court that person who wrote that letter on that night?
A.Yes.
Q.Will you point him out?
A.Yes, that is the gentleman (pointing to De Berenger.)
Q.Have you any doubt upon your mind of that?
A.None in the least.
Cross-examined by Mr. Richardson.
Q.You did not come over until you were called for by Mr. Marsh to bring candles?
A.No I did not.
Q.You were immediately sent to order horses, were you not?
A.Yes, I went and called the ostler up.
Q.I think you state that you were absent some time in performing that service?
A.Yes, I was some little time before I could wake the ostler.
Q.You left the candles in the passage with Mr. Marsh?
A.Yes.
Q.You handed the candles to him, and went immediately to call the ostler?
A.Yes.
Q.It was not till after you returned, having been absent some little time that he rung the bell and ordered pen, ink, and paper.
A.Yes.
Q.That order was given in the parlour, not in the passage?
A.Yes.
Q.Did you see him write upon the paper?
A.Yes, I did.
Q.You are a hatter?
A.Yes.
Q.There is a hatter's club at Dover, is there not?
A.Not that I know of.
Q.Were you up at this time when this transaction took place, or did you get up for the purpose?
A.I was up at the time.