The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 133

Of the counts, one or two, I think, are not counts on which, properly, your verdict can be founded, because they state, that every one of these Defendants knew that a gain was to be acquired by Mr. Cochrane Johnstone, Lord Cochrane, and Mr. b.u.t.t; and it does not appear, with sufficient certainty, that they knew the relation in which these three persons stood to the funds, or their interest and speculations therein; I mean, that such persons as M'Rae, Holloway, and so on, might not know the precise situation in which the three stood; but if they all co-operated to the same end, and the Northfleet imposition, as I may call it, was intended to be auxiliary to the imposition intended to be effected by the way of Dover, and the parties knew that they were acting in the same fraud, and were respectively conscious instruments in producing the same effect, they are all guilty of the same conspiracy; and it has been admitted, by a learned counsel for some of the Defendants, that his clients, Holloway, Lyte, and Sandom, have been concerned in a conspiracy; but, he says, that the conspiracy in which they were concerned, was another and a different conspiracy, from the one in which the three first-mentioned of the Defendants were engaged; and that you cannot unite the two conspiracies together, and convict them all as guilty of one entire individual conspiracy; and it will be one material point for your consideration, whether, under the circ.u.mstances which have appeared in evidence, it is made out to your satisfaction, that they were all conspiring to effectuate the same purpose, pursuing similar, and with almost a servile imitation and resemblance, the same means, at the same time, in the accomplishment of the same end.

Now how has it been done? in both instances, by the adoption of disguises. Of what nature are the disguises? in both instances, military disguises; one, indeed, has gold lace round the cape, and the other has embroidery. Sarah Alexander says, those procured by M'Rae, were officers coats, with flowers of worsted, and that the hats were embroidered, the one having a bra.s.s plate, and a gold ta.s.sel, instead of the sort of ornaments that the superior actor in this conspiracy (if such you shall be of opinion he was) had. One was decorated with a star, and that silver ornament that you have seen; the other was in rather a plainer dress; but there was in each case the a.s.sumption of the character of officers; and the communication of false intelligence respecting the good news which was to accelerate peace, was common to both parts of the scheme. You will consider, upon the whole of the evidence, whether there is not a link or connection, between the upper and under plot, through the means of M'Rae, and perhaps of Mr. Cochrane Johnstone, and, whether the two conspiracies are not united through the means of that person, M'Rae; his conduct itself is extraordinary; by a most remarkable offer, on the part of Mr. Cochrane Johnstone, it is proposed that there should be the sum of .10,000 given to this man; a man in a low and ordinary and desperate situation; and it is stated, that Lord Cochrane, Mr.

Cochrane Johnstone, and Mr. b.u.t.t, would give .3,000 among them. Why should they give that? If, indeed, they could thereby mislead and draw away the public attention, and divert it to the pursuit and hunting down of M'Rae, as the sole artificer and perpetrator of the fraud, and could thereby turn aside observation and suspicion from themselves (supposing them to be properly charged with this offence), .3,000 would be well paid, and cheaply employed for such a purpose. It is for you to say, whether these letters which have been read to you, do not appear pregnant of this contrivance and device on the part of the writer.

The first question, gentlemen, will be, was the Defendant, De Berenger, the man who was found at Dover, about one o'clock on the morning of Monday the 21st of February, and who proceeded through the several stages to London, and ultimately to the mansion of Lord Cochrane himself, and was there received with that dress, whatever it was, that he wore; but the dress he wore, is proved by so many witnesses, that I will not fatigue you with stating it now, because I must, by and by, state the whole of the evidence to you.

A great deal of observation has been made about the character of hand-writing, of what I call the Dover letter--the letter sent to Admiral Foley; the object of sending it to him cannot be doubtful, for it was intended that the Port Admiral should (as he would if he had believed the report) communicate that intelligence to Government, and which, if the day had been tolerably clear, might by telegraph have reached this town in much less than half an hour, I believe in a quarter of an hour; and having been sent off at this very early hour to Admiral Foley, who was called out of bed to receive it, it would have been in town early, and the stocks would have been up at the very moment, when under the peremptory order before given, .50,000 would have been sold, as well as every other part of the stock, standing in the names of the Defendants.

Gentlemen, there has been great stress laid upon this letter, and whether it be or be not the hand-writing of De Berenger, I will not (for it is not my province) draw the conclusion which might be drawn from looking at that letter; it appears to me evidently an artificial, upright, stiff hand, as contrasted with the ordinary natural character of hand-writing of that gentleman. It is sometimes useful to look where the same words occur in different parts of the same letter; and when you come to look at the words, "I have the honour to be," in one part of the letter, and the words "have pledged my honour," &c. in the other; they present in the first instance, a more angular formation of letters than I have generally seen, and with reference to the idea thrown out of this being written in great haste, it is not impossible that this gentleman having meditated the whole contrivance before-hand, should have brought this letter down with him, ready written and directed from town, and that he had called for pen and ink merely to go through the appearance of writing a letter, and which he might fold up as if for the purpose of being sent; but that he might hand over to Wright, of Dover, the letter he had brought with him, not trusting to the hurry of the moment for the proper formation of one. I do not say that such is the fact; but it is clear that the letter produced, is the one he actually sent; for he says afterwards to the witness, Shilling, that he had sent a letter to Admiral Foley, in order to apprize him that the telegraph might work; the Dover express-boy proves that he carried the letter given to him, to Admiral Foley, and what letter can that be, if it is not this, which is proved to have been delivered to Admiral Foley? This letter was calculated to impress the Admiral with the belief, that the allies had obtained a decisive victory, that Bonaparte was killed, that the allies were in Paris, and that peace was likely to take place immediately.

After the calamity of the long war we have had, ending as indeed it has ended, in the fulness of glory; we all feel that we have had an abundant measure of glory, though painfully earned; every body recollects the sort of electric effect produced upon this town the moment the news now under consideration arrived; the funds were raised preternaturally; one cannot indeed on looking back, account for it, how the omnium should have been up to twenty-eight at that time; there was a considerable elevation beyond that price during the course of that day; it rose to thirty and a fraction.

Gentlemen, the prosecutors allege that the Defendant, De Berenger, having forwarded this letter, pursued his course, coming to town in the manner stated, and that he ultimately came to Lord Cochrane's house, upon which I shall hereafter comment. You will not, I think, have any doubt that De Berenger was the man who appeared under the name of Du Bourg; but in order to obviate or remove that impression from your minds, the learned counsel for the Defendant, De Berenger, did adventure or rather was forced upon an attempt, which I own it seemed to me to require the utmost firmness to attempt to execute; for there never was evidence given since I have been present in a court of justice, which carried to my mind such entire conviction of the truth and authenticity of that part of the story; you were yourselves witnesses to the manner in which the witnesses, who spoke to the person of De Berenger, were put upon the investigation; they were told to look round the court, and they accordingly threw their eyes about the court in every direction, before they found the person whom they said they had so taken notice of; you saw them look behind them, look down, and on every side of them, and then suddenly, as if they were struck by a sort of electricity, conviction flashed upon their minds the instant their eyes glanced upon him; this occurred in every instance I think but one, where the witness not having his eyes conducted that way, did not discover him. The learned counsel having such abundance of proof on this head, did not resort to a means usually adopted on occasions of this sort, and to which it is perfectly allowable to resort, namely, that of shewing the person to the witness, and asking him whether such person was the man; when a man stands for his life at the bar of the Old Bailey, the witness is frequently bid to look at the prisoner at the bar, and to say whether he remembers him, and whether he is the person, or one of the persons (as the case may be) who robbed him; and he p.r.o.nounces whether according to his recollection, he is the person or not. So multiplied a quant.i.ty of testimony, so clear, and so consistent, was, I think hardly ever presented in the course of any criminal trial; differing in no circ.u.mstance respecting his person and dress, excepting in some trifles, which amidst the general accordance of all material circ.u.mstances, rather confirmed by this minute diversity, than weakened, the general credit of the whole, and gave it the advantage which belongs to an artless and unartificial tale. Some saying his cap was a little flat, as it might be owing to its being drawn over his face; one saying that it was brown; another I think, that it was of a fawn colour; and one who spoke with the utmost certainty in other particulars, that it was nearly the colour of his pepper and salt great coat; but in all the other substantial particulars, they concur in their accounts most exactly; and these minute variances exclude the idea of any uniform contrivance and design in the variation; for where it is an artificial and prepared story, the parties agree in the minutest facts, as well as the most important; and indeed, gentlemen, so abundant, so uniform, and so powerful is the evidence as to one point, viz. the ident.i.ty of Berenger, that it strikes me, that if these witnesses are not to be fully believed as to this point, then almost every man who has been convicted at the Old Bailey upon so much weaker proof of his being the person who committed the particular crime with which he is charged, (and which has been the case in almost _every instance_ I have known), may be considered as victims unjustly sacrificed in a course of trial, to the rash credulity of their judges and juries. If the evidence produced is not sufficient to establish this point, I am at a loss to say by what description and quant.i.ty of testimony, such a point can be satisfactorily made out in a course of trial.

When the learned counsel addressed himself to prove an alibi, I could not foresee how it would be satisfactorily accomplished; I cannot say I believed he would accomplish it, but I believed it would be attempted by better evidence than that which has been adduced; you recollect the prior testimony of the Davidsons; the servants had gone out at two, instead of four; Mr. De Berenger, according to the evidence he has adduced, is found three miles and a half off; where he had dined, is not shewn, he is in a hurry to get back; according to the next set of alibi witnesses, he is found at Mr. Donithorne's between eight and nine, having been found there in the morning, to measure the garden, at not a very convenient time, with the snow upon the ground; and who are the people who speak to this? a man who has been in the habit, which some of us are, of examining the countenances and demeanor of men brought forward to speak to guilty untruths, becomes in a degree familiar with the modes of behaviour which such persons adopt. From something in the manner of one of the witnesses, which suggested to me that such a question might not be improperly addressed to him, I asked him, whether he had not been used to be bail? (thinking that he might possibly be one of those hired bail, who are the disgrace of our courts of justice).

What does he answer? why, he had been bail once, and then he had been bail another time, and the amount he did not know; and I think he said he did not know whether he had not been bail oftener; a man who is in the habit of being bail, must swear to the amount, and he must swear he is an housekeeper; and this man had no house over his head of his own, but was living in the house of another; I thought, too, the man might have failed, and been obliged to quit his house on that account; and it so appears, that he was undone in his circ.u.mstances, and that he was a man occasionally presenting himself to swear to his possession of property, warranting his becoming bail for others. Then what becomes of Donithorne; he is an inferior cabinet-maker, employed by Mr. Cochrane Johnstone, and has brought a great number of penal actions for him; at every turn of the case, he doubles in upon us, and you will presently have to say, whether he and others, and which others, are not affected by this case.

Gentlemen, the evidence begins with that of John Marsh, who keeps the packet-boat public house at Dover, he says, "Upon that 21st of February, I heard a knocking at Mr. Wright's fore door of the Ship Inn, between one and a quarter after one o'clock; I went out upon hearing that, and, on going out, I found a gentleman there, who had on a grey great coat, and an uniform coat under it. I called for a person at my house to bring two lights across; when I had the two lights, the gentleman had got into the pa.s.sage; he had a star on his red coat, under the great coat; it is similar to this star." Now, it is said these persons saw him in the dark, but candles were brought over, and you may see a man's countenance by the light of two candles placed near him, almost as well as you could in the day-light we have at present; it would certainly be sufficient for the purposes of observation; if it were not so, half at least of the injuries done at night would be very imperfectly proved, if proved at all. He says, "I do not recollect that he had any other ornament; he was very anxious for a post-chaise and four; the porter at the Ship came down to him; he wanted an express horse, and a man to send to the Admiral at Deal;" then it is highly probable, as he wanted an express horse, that he did send this letter by that express; the witnesses swear they saw him writing a letter. "I asked him where he came from, and he told me, he was the bearer of the most important dispatches that had been brought to this country for twenty years; I asked him where he came from? he told me, from France. I asked him, where he landed? he told me, on the beach; and he begged of me to get a post-chaise and four for him; and then I went and called Mr. Wright, of the Ship Inn; then he wanted pen, ink, and paper. I had shewn him into a room; as soon as Mr. Wright came down stairs, Mr. Wright gave me a sheet of paper, and pens and ink, which I carried into the room; I gave it to him, and he began to write upon it; he called for a bottle of Madeira, and something to eat." That circ.u.mstance of his having wine, is afterwards confirmed, for when he is going up Shooter's hill, he is giving it away to some of the postillions. "I asked him, whether I should call the collector of the port? telling him, that it was his business to see such people when they landed; he made answer to me, that his business did not lie with the collectors; then Mr. Wright came, and I had no more conversation with him; two candles were placed, one on each side of him, and I could see him; _that is the gentleman_; (pointing him out.) A gentleman of the name of Gourley was there, and another of the name of Edis, was also there." Then he says, "I went to get horses with all possible dispatch; he told the two postillions he would give them a Napoleon each;" and that description of coin attends him throughout, nor does it quit him to the last, for in the very desk when he is taken up in Scotland, there were found Napoleons tallying with these; therefore the proof in this particular is dovetailed and closed in, beyond any thing I almost ever saw in a court of justice.

Then he says, "he had a German cap on, and gold fringe, as I thought;"

and it turns out, upon an exhibit we had made to us of a similar cap, that De Berenger had such a cap; those that are shewn, were made in the resemblance of what, from the evidence, they collected the articles to be. They are not the originals; the coat, it appears, was cut to pieces, and got out of the Thames, but the actual cap is not produced; "this is all that I heard and saw."

Upon his cross examination, he says, "I am not in the least connected with the Ship Inn, but on hearing this knocking, I went across to see who the gentleman was out of mere curiosity; I did not observe whether it was moon-light, foggy, or star-light." It does not signify which it was, for he saw him by candle-light. "The boots let him in; I was with him about five minutes altogether, but I cannot speak to a minute; he was in great haste to get away; I should think he was not more than twenty minutes at Mr. Wright's altogether. I held the candle while the boots unlocked the parlour door, and I went and put them on the table; he wished me to quit the room, and I did not go in any more." Then he is asked about a large company in the inn, he says, "I do not know that there had been any; I never saw him before nor yet since, till to-day, but I can take upon me confidently to swear, _that this is the man_." He made a very strong observation upon him, and he pointed him out in the manner you saw. "I never was examined upon this subject before, only by Mr. Stow, the collector."

On his re-examination, he says, "he told me before I sent for the lights what his business was, and that he had landed on the beach. I was in the pa.s.sage with him till the lights came; my attention was called to him as a stranger of importance. I saw the person when I was by myself in the hall, and knew him the instant I saw him; I have not the least doubt that he is the same man."

One of the other persons who saw him, of the name of Gourley, a hatter at Dover, speaks to the same thing--"I was at Mr. Marsh's, the packet-boat, on the morning of the 21st of February; Mr. Marsh went over and called for lights; I took two candles and went across with them to the Ship, where I perceived a gentleman in a pepper and salt coloured coat, similar to that which is shewn to me. Mr. Marsh asked me to go and call the ostler up, and to tell him to get a post-chaise and four immediately. I did so; and after some time, when I had got the ostler up, I returned back again and found the stranger in the parlour; there were lights in the room; there were two candles upon the table; the gentleman was walking about in a red uniform trimmed with gold lace, with a star upon his breast, and he had a cap on similar to that, with gold lace on it. I asked him, what news; having heard them say he was a messenger. He said messengers were sworn to secrecy, but that he had got glorious news; the best that ever was known for this country. He rang the bell and called for pen, ink and paper, to write a letter, to send off to the Admiral at Deal." So that he professes, as the first witness says, to write a letter; and here he speaks of sending it off to the Admiral at Deal:--"that was brought to him, and he continued writing some little time while I was there. I took leave of him before he had finished the letter; the candles were sufficiently near him to observe him; that is the gentleman, and I have not the least doubt that it is him."

On his cross examination, he says, "I came over when I was called by Mr.

Marsh to bring candles; I went and called the ostler, and waited till I waked the ostler; I left the candles in the pa.s.sage; I saw him write on the paper when it was brought; I was sitting with Mr. Marsh when he arrived; I had not dined at the packet-boat." I suppose the question pointed to whether this man was likely to have been sober or drunk at that time: I do not know that there is any thing extraordinary in a man's sitting up till twelve or one o'clock; but that has been the subject of the observation.

Upon his re-examination, he says, "perhaps I might be in the room, so as to have an opportunity of observing him three or four minutes; my attention was called to him particularly; he had a cap on sometimes, and sometimes not; _I have no doubt that is the man._"

Eliot Edis, a person who you recollect was rather deaf, says, "I am a cooper in the victualling yard at Dover, I was at the packet boat on the morning of the 21st of February, Gourley was there with me; my attention was called to a messenger who had arrived. I saw the messenger first at the Ship, he was in a room at the time, walking up and down the room. I observed his dress; he had a grey great coat and regimentals, scarlet trimmed with gold; I did not particularly notice any other ornament; he had a cap with a gold band, that was the colour of the coat, it was a slouched cap;" upon that there has been much observation; "the cap appeared to be made of a kind of rough beaver, I do not know whether it was black or brown;" by that light you would not know very distinctly whether it was black or brown; "it was rather flat all round, and had no rim like a hat. I saw him sit down and write. I did not hear him say whom he was writing to. I could hear him talk; but not to understand him, being rather deaf; his cap was on while I was there." He is desired to look round, and to point out the gentleman, and he says, "that is the gentleman," pointing to him. "I have no doubt that is he; I had never seen him before that night, nor since;" and yet as you saw him, looking round, he instantly found him out among so many as there were then round him, it is not probable that if they had not seen him before, and had not his picture engraved upon their minds, they would have known him again so well; and it would be very remarkable that they should all pitch upon the same person. "I might see him perhaps for five or six minutes; the cap was rather slouched; it had no brim to it; it was drawn over his forehead; the round part of it was drawn over his forehead. I was not in court when Marsh was examined." It was suggested that he might have picked up his story from Marsh; but a man who was deaf could not have heard him, if he had been in court.

Mr. William St. John is next called; he speaks in the same manner; it is unnecessary to go through the whole of it. He says, "he wore a scarlet coat with long skirts, b.u.t.toned across, with a red silk sash, grey pantaloons, and a grey military great coat, and I think it was a seal-skin cap;" now with that light he might very easily mistake; I believe it is very common to have seal-skin caps for travelling.

_Mr. Gurney._ This is seal-skin, my Lord.

_Lord Ellenborough._ I did not know that; "he had, I think, a seal-skin cap on his head, of a fawn colour," and it is a fawn colour, certainly; "there were some ornaments on his uniform, but I do not know what they were, something of a star on his military dress; he was talking up and down the room in a very good pace; I asked him, whether he knew anything of the coming of one Johnson," a messenger whom the witness expected; "he said he knew nothing at all about him, and begged I would leave him to himself, as he was extremely ill;" this gentleman appears too inquisitive, and he did not seem to like him. "On my leaving the room, he requested that they would send in paper, and pen and ink; I immediately retired, and met the landlord, Mr. Wright, coming into the room, I believe, with the paper, pens and ink; in a few seconds afterwards I returned into the room, and he was writing, I did not hear him say any thing about the paper he was writing. I left the room immediately. I saw him again at the door in the street. When he was stepping into the carriage, I asked him what the news was; he told me it was as good as I could possibly wish; I did not see what he did with the paper he was writing upon, nor did I hear him say what he was writing about, he went away the first of us."

Now this man has been made a good deal the subject of comment; for it appears that he had gone down to Dover, and was, in some respect, waiting for news; there was a kind of reluctance in him to acknowledge that, in respect of which there need not have been any, for there is nothing whatever objectionable in his sending up paragraphs for the Traveller newspaper. I believe the publishers of these papers mostly have some persons stationed at the out-ports, to obtain intelligence of important events, and particularly so critical and anxious a moment as that was they would naturally have such persons at the port of Dover; there was nothing he should not avow; and if it was with the view to purchase in the funds, in consequence of the intelligence he should receive; if a man purchases funds upon public intelligence fairly and honestly come by, when every body has an equal opportunity of acquiring it and the intelligence is genuine, it is like buying any other article in the market, upon fair knowledge of the circ.u.mstances connected with its value; it is as allowable to deal in that article as in any other, upon equal terms; but the objection here is to a dealing which resembles the playing with loaded dice; if one plays with secret means of advantage over another, it is not fair-playing--it is a cheat: I own I have been much shocked with this sort of fraudulent practice, called three times over, in the letter of Cochrane Johnstone, _a hoax_; I cannot apply a term which imports a joke to that, which if the Defendants are guilty of, is a gross fraud upon public and private property; and unless every species of depredation and robbery is to be regarded as a species of pleasantry, I think the name of hoax, which has been given to it, is very ill applied to a transaction of so dishonest and base a description.

Then Mr. St. John says, "I went to Dover, by desire of a friend of mine; his name is Farrell; he is a merchant in the city, and is a proprietor of the Traveller." Then being asked, where that gentleman lived, he says, "In Austin Friars: I was to communicate to Mr. Farrell or to Mr.

Quin." Then he says, "certainly the arrival of news at such a time would have an effect upon the funds."

Then William Ions, the express-boy, being shewn to the last witness, St.

John, he says, "this is the boy whom I saw sent with one of the two expresses that was sent that night; this lad went with the express to the Port-admiral at Deal, I believe; it was the express that Mr. Wright gave him from the gentleman who was there; _from that gentleman_."

William Ions says, "In February last I was in the service of Mr. Wright, of Dover; I was called up when the officer arrived there, and was sent with an express to Admiral Foley; I took the letter I received to Admiral Foley; Mr. Wright gave me the letter whilst I was upon my pony; he came out to the door with it; and that letter which I received, I delivered to the Admiral's servant at Deal. She took it up stairs to the Admiral, and I saw the Admiral before I left Deal, after the letter was delivered to the servant, who took it up stairs." Therefore, whatever he received at Dover he delivered to the Admiral, and what the Admiral received we have here; there is an interruption in the proof certainly, in consequence of Wright, of Dover, not being well enough to be here as a witness; and therefore it did not appear by his testimony, that that which he, Wright, had received, Wright had delivered to his express-boy, to go over to Deal with; but that is supplied by the circ.u.mstance of De Berenger, if he was the person, telling Shilling, the Dartford driver, that he had sent off such an express; therefore it must be presumed that he had sent that letter which contained an express to the Admiral; and that which the Admiral received he shews you.

To supply that defect in the evidence, Mr. Lavie was called to say, that he believed it to be De Berenger's hand-writing; and though this does not appear to be the ordinary undisguised hand of this Defendant, yet after Lord Yarmouth, who had given his evidence that he did not consider it his hand-writing, referred to the letter _R_, the initial letter of Random de Berenger's christian name, he considered _that_ as resembling his hand-writing, and you would observe, whether there was not such a resemblance as Lord Yarmouth mentions, if it were at all material; but it ceases entirely to be material, when he tells Shilling, as he does, that he had actually sent such a letter to the Admiral.

Admiral Foley is next called; he says, "The letter was brought to me, that that boy brought to the house; I was a-bed; I read the letter in bed; I did not mark it; I enclosed it in a letter to Mr. Croker, the Secretary to the Admiralty; that is the letter; I sent it enclosed in this letter to Mr. Croker; I arose immediately, and sent for the boy into my dressing-room; I questioned the boy a good deal; I did not telegraph the Admiralty, because the weather was too thick; when I sent for the boy up, I had the letter in my hand; it was then three o'clock, and dark; the telegraph would not work; I had a candle, of course; I am not certain I should have telegraphed the Admiralty," and if he had seen reason to doubt, he would have acted very properly in abstaining from so doing; he could not communicate all that would excite the doubts he might himself entertain; he could only send a few words, indicating the most important particulars of the story which the letter contained, and therefore he might very properly hesitate about communicating any part, if he thought the whole contained doubtful, still more if untrue intelligence.

The evidence of Mr. Lavie is only that he believed this to be De Berenger's hand-writing; that he had seen him several times in the custody of the messenger in the month of April, and in the course of those interviews, he saw him write a considerable deal; he saw a whole letter which he handed across to him when he had written it, and it was given back and copied again, and for about an hour he was writing different things, and handing them backwards and forwards. He says, "I also saw his papers in his writing-desk, and I verily believe that to be his hand-writing, from what I saw him write." This is the evidence, and much less than this evidence, is what we receive every day in proof of bonds, notes, and bills of exchange; a person says, I have seen such an one write, and I belief that to be his hand-writing; and that is sufficient to launch it in evidence as prima facie proof, leaving it to the other side to resist such proof, if they can.

Gentlemen, now we put this person in motion from Dover. Thomas Dennis is next called, who says, "I am a driver of a post-chaise in the service of Mr. Wright, at the Ship, at Dover. Early on the morning of the 21st of February, I drove the chaise from thence to Canterbury to the Fountain Inn; I drove only one person, it was a man; it was too dark to see how he was dressed; I had the leaders; he gave me and the other lad a Napoleon a-piece." He could not see the person; and there is ident.i.ty only by the sort of specie in which he deals. "I sold it for a one pound note. I know the lads at Canterbury, who took him after me, Broad, and Thomas Daly; I saw Broad and Daly set off. There is nothing extraordinary in persons travelling day or night into Canterbury. I cannot say whether it might be the 20th or 22d; persons do not often give us Napoleons for driving them, I never had one given me before." No immaterial circ.u.mstance to induce a recollection of this particular traveller, nor (connected with similar evidence from other witnesses) to establish his ident.i.ty.

Edward Broad, a driver of a chaise at the Fountain at Canterbury, says, "I remember the last witness coming to our house with a fare, early in the morning in February, I do not remember the day of the month, nor the day of the week; it was one gentleman came from the Ship at Dover; I drove the leaders--I drove to the Rose at Sittingbourn; the chaise went forward with four horses--he did not get out. Michael Finnis and James Wakefield drove him from thence; I did not receive any money from him, the other boy received the money, I had a Napoleon for my share." Till the day-light breaks, we have nothing to identify him in the course of his conveyance, but the Napoleons.

Then Broad, upon his cross-examination, says, "I have long lived at the Fountain, and have known Thomas Dennis some years; I do not know that I ever drove a fare that he brought before; I might; there are a great many boys from that inn at Dover; I have driven a single gentleman before, and sometimes a chaise and four." But upon re-examination, he says, "I never before received a Napoleon for it."

Michael Finnis, the driver of a chaise at Sittingbourn, says, "I remember the last witness bringing a gentleman in a chaise and four to our house, I did not take particular account of the time, it was early in the morning, it might be between four and five o'clock; I did not take particular notice, for I had no watch with me--it was dark; I drove him to the Crown at Rochester, Mr. Wright's house; I cannot say what time it was when we got there, we were not above an hour and ten minutes in going. The Gentleman got out there, and gave me two Napoleons, one for myself, and one for my fellow-servant; I took no particular notice of him; he had a pepper and salt coat on, and a red coat under that, I perceived, and a cap." So that this man took no particular notice of his countenance, but speaks to his dress and his appearance, as the other witnesses do.

Mr. Wright, who keeps the Crown Inn at Rochester, who saw him in the house, speaks with much more particularity; he says, "I remember a chaise and four from Sittingbourn arriving at my house on the morning of the 21st of February, I remember that was the day; it was a tall person, rather thin than otherwise, who came in the chaise; he had a pepper and salt great coat, with a military scarlet coat under it; the upper coat was nearer the colour of that coat, than any thing I could state (_pointing to the coat on the table_); the scarlet military coat he had under that, was very much trimmed with gold lace down the front, as it appeared by candle light, and a military cap with broad gold lace round it; it appeared to me to be cloth or fur, it appeared to be nearly the colour of the great coat." The cap does not appear to have any resemblance to the great coat, but in all other respects his description seems to be right. "On the military coat, there was a star, and something suspended, either from the neck or the b.u.t.ton, I do not know which, something which he told me was some honour of a military order of Russia;" it turned out to be a masonry order. He is shewn the star, and he says, "it had very much the appearance of that sort of thing. I suppose I was in conversation with him about ten minutes; it was about half past five when the chaise drove into the yard; during those ten minutes I was getting some chicken for him, in our bar parlour. I was called up by the post-boy of my brother at Dover, I went into the yard, and found a gentleman looking out at the front window of the chaise, and he said, he was very hungry, could he get any thing to eat? that he had ate nothing since he left Calais; I asked him, if he would have a sandwich, as I supposed he would not get out of the chaise; he said he would get out, and he did get out, and I took him into our bar parlour; when he got there I said, I am led to suppose, that you are the bearer of some very good news to this country;"--a very natural overture to conversation on the part of an innkeeper, and to extract a little intelligence from him; "he said, he was, that the business was all done--that the thing was settled; I asked him, if I might be allowed to ask him what was the nature of his dispatches? he said, he is dead; I said, who? he said, the tyrant Bonaparte, or words to that effect, I believe these were the exact words; I said, is that really true, Sir."

Upon which this gentlemen seems to have been piqued at having his veracity questioned, and said, "if you doubt my word, you had better not ask me any more questions;" in answer to which, Wright, not being willing to have his curiosity unsatisfied, said, "I made an apology for doubting the veracity of his story, and asked him, what were the dispatches? he said, there had been a very general battle between the French and the whole of the allied powers, commanded by Schwartzenberg in person; that the French had been completely defeated, and Bonaparte had fled for safety; that he had been overtaken by the cossacks, at a village which I think was called Rushaw, six leagues from Paris; that the cossacks had there come up with him, and had literally torn him in pieces; that he had come from the field of battle from the emperor Alexander himself, and that he either was an aide-de-camp of the emperor, or of one of his princ.i.p.al generals." Now the account he gives, tallies almost in terms with the letter which had been sent off to Deal; so that there is another proof of the ident.i.ty of this person, and a connexion of him with this letter sent to Admiral Foley. Then he adds, "He told me, that the allies were invited by the Parisians to Paris, and the Bourbons to the throne of France. That was pretty well all the conversation that pa.s.sed; he ate very little, if he did any thing--he said he was very cold; I asked him, if he would take any brandy? he said, no, he would not, for he had some wine in the carriage;" it turned out that it was so. "He enquired what he had to pay? I told him, what he had had, had been so uncomfortable, I did not wish to take any thing for it; he did not accept of that, he threw a Napoleon on the table, and desired me to take that for what he had himself taken, and wished me to give the servants something out of it, he meant the whole of the servants, for when he got into the chaise, the ostler asked for something; and he told him, that he had left something with his master, out of which he might be paid. He went away in the same chaise that brought him, with four horses. James Overy and Thomas Todd, were the persons who drove him." Mr. Wright had proceeded thus far, and then he looked round the court, and fixing upon De Berenger, said, "I believe that is the person; I have no doubt--it is certainly the gentleman; I had never seen him before, or since." This undoubted identification of person, is almost peculiar to this case; I never saw a case in which so many persons turned into the court at large, recollected a man at once, and with so much certainty.

Upon his cross-examination, he says, "I never saw the gentlemen before nor since till to-day; he wore a large c.o.c.kade, very dirty, as if it had been worn a long time;" then he produced the Napoleon; and he says, "upon looking at him, I am sure he is the same person."

James Overy, who was the postillion, says, "I took up a person at my master's house at Rochester, on a Monday; I do not remember the day of the month. I drove him to Dartford, to the Granby; he had on a grey mixture coat; a red coat like an aid-de-camp, adorned with a star, very full indeed, something about his neck hanging down, and a cap, and a bit of white ribbon about the cap, such as officers wear, with a gold lace band round it. When I came to Dartford, it was ten minutes before seven; it was day-light two miles before we came to Dartford. I am not sure I should know the person again; he gave me two Napoleons, and he paid me five .1. notes, and a shilling for mine and the Dartford horses, and the turnpikes; he gave us a Napoleon a-piece. Thomas Shilling and Broad took him from Dartford."

On cross-examination, he says, "the cap was such a cap as officers wear in a morning, slouched down, I think the top of the cap a little turned down; I did not observe the colour."

William Tozer, the next witness, says, "I keep the Crown and Anchor at Dartford; I remember Jem Overy bringing a fare to a house in our town on a Monday about the 21st of February, and the person I took notice of was sitting in the chaise. I made my obedience to the gentleman in the chaise, hoping that he had brought us good news; he said he had, and that it was all over; that the allies had actually entered Paris; that Bonaparte was dead, destroyed by the cossacks, and literally torn to pieces." Here again is the same account in effect which is contained in the letter to Deal, given by word of mouth, "and that we might expect a speedy peace. During the conversation, I saw him give Overy two gold pieces, which afterwards proved to be French pieces; I had them in my hand. I saw enough of the person in the chaise, to be positive I should know him if I saw him again." This was the witness, who looking round, did not find the Defendant; to be sure, the Counsel might have asked him whether that was the person; but from delicacy that was not done, which was certainly an unnecessary delicacy upon such a subject.

Thomas Shilling, the chaise-driver from Dartford, says, "I remember taking up a gentleman who came in a chaise and four to Dartford, I believe it was on the 21st of February, it was on a Monday. I had the wheel-horses. On our road to London, he discoursed with me a good deal; the waiter at Dartford, at the Granby, first spoke to him, asking him whether he brought any good news; the gentleman said, yes, it was all over; Bonaparte was torn in a thousand pieces; the cossacks fought for a share of him all the same as if they had been fighting for sharing out gold; and the allies were in Paris. We were ordered to go on; we had gone to Bexley before the gentleman spoke; the gentleman then told me not to hurry my horses, for his business was not so particular now, since the telegraph could not work. I told him, I thought the telegraphs could not work, for I knew almost every telegraph between Deal and London. He then said, "postboy, do not takes any notice of the news as you go along;" I told him I would not, unless he wished me to do so; he said, I might tell any of my friends as I returned, for he durst to say they would be glad to hear it; he said he had sent a letter to the Port Admiral at Deal, for he was obliged to do so;" therefore you have him, unless this be a premeditated falsehood in the evidence of this man, Shilling, authenticating the fact of the letter from Dover; "he said that he had walked two miles when he came ash.o.r.e at Dover, before he got to the Ship Inn; that the Frenchmen were afraid of coming any nigher to Dover, for fear of being stopped." Where he got into Dover, or how, we do not hear; of the points of the outward voyage we know nothing; of the homeward we have a pretty good account of all the places where he touched, &c. "then we drove on till we came to Shooters Hill; when I got there, my fellow-servant and I alighted, and the gentleman gave us part of a bottle of wine; he said we might drink, because he was afraid the bottle would break; he gave us some round cakes also. I chucked the bottle away, and handed the gla.s.s again into the chaise; he told me that I might have it; he then said, "postboy, you have had a great deal of snow;" I said, "we have;" he said, "here is a delightful morning, postboy; I have not seen old England a long while before;" then he asked me which was the nearest coach stand; I told him at the Bricklayers Arms; he told me that would not do, it was too public, he was afraid somebody would cast some reflections, and he should not like it." It was bringing him very nearly within the vicinity of the King's Bench, where it should seem his countenance was better known than he liked it to be.

"I told him I did not think anybody would do that, they would be too glad to hear of the news; he asked if there was not a hackney-coach stand in Lambeth; I said "yes," he said "drive me there.""

Now it has been observed he points his direction towards Lambeth, and the other express, it seems, that went through the city, which has been called the Northfleet expedition, is ordered not to go Lambeth, but to Lambeth Marsh. The learned Counsel has remarked, that they are not ordered to the same point at first, and that it would have been a strong confirmatory point, if they had been so; but there is to a great degree an ident.i.ty of direction, an ident.i.ty of object, and something like an ident.i.ty of disguise in military uniform; "he said, drive me there, postboy, for your chaise will go faster than a hackney-coach will. I drove him to the Three Stags in the Lambeth road; there was no hackney-coach there. I ordered my fellow-servant to stop, and looked back, and told the gentleman there was no coach there; but that there was a coach stand at the Marsh Gate." So that the Marsh Gate arose incidentally, and was not his original plan; "and if he liked to get in there, I dared say n.o.body would take any notice of him; I think he pulled up the side blind, that had been down before all the way; when I got there, I pulled up along side to a hackney-coach; I called the coachman, and the waterman opened the coach door, and I opened the chaise door; the gentleman stepped out of the chaise into the coach without going on the ground;" the question which produced this answer was put with a view to something adverted to, as published upon the subject, in which some evidence was supposed capable of being opposed to the story of the driver, in this particular, who, however, relates it plainly and naturally, and is confirmed by the waterman, who was there at the time; "he then gave me two Napoleons; he did not say one was for my fellow-servant, and the other for myself, but I concluded that it was so; I have got them here," and he produces them; so that it does not appear that he has distributed this gentleman's bounty, but he is still a trustee for his fellow-servant. "I did not," he says, "hear him tell the coachman where to drive to. The name of the coachman is Crane. I know the person of the waterman very well. The gentleman was dressed with a dark fur round cap, and with white lace, and some gold round it; whether it was gold or silver I cannot say; he had a red coat on underneath his outer coat; I think his outer coat was a kind of a brown coat, but I will not swear to that; I saw a red coat underneath it, down as far as the waist; I did not see the skirts of it; I think it was turned up with yellow, but I should not like to swear that; it had some sort of a star upon it. I think upon his outer coat there was a kind of white fur; but I should not like to swear to that. I should know him in a moment. I have seen him and knew him again; that is the gentleman (_pointing to him_); I have no doubt. I saw him once before in King-street, Westminster, in a room; I knew him then the moment I saw him; I never had the least doubt about him; the moment I saw him I knew him."

Upon his cross-examination, he says, "I was not told this morning in what part of the court he sat; I looked round the court when I came in, and saw him immediately; I never saw him before February." He is asked about a reward that was offered by the Stock Exchange, he says, "I heard of it the day it was printed, two or three days after this transaction happened. I remember a club at Dartford, called the hat club; I was there;" and then there is some foolish story about his laying a wager there; but as there is no evidence brought to impeach his testimony upon the grounds to which the cross-examination went, it is unnecessary to pursue that part of the examination further; he says "Lambeth Marsh is not far from the Asylum. I went there for the purpose of getting a coach; _that he says_ (pointing to Bartholomew) _is the waterman_."

Then William Bartholomew the waterman is called; he says "I am a waterman attending the stand of coaches at the Marsh Gate; I know Shilling by seeing him come up with post chaises; he is a Dartford chaise-boy. I remember his coming with a chaise on the 21st of February; there were four horses, and there was a gentleman in it; it was between nine and half past nine in the morning; there was only one coach on the stand; one Crane drove the coach; I saw the gentleman get out of the chaise into the coach, he stepped out of the one into the other; I opened the door, and let down the step for him; he had a brown cap on, a dark drab military great coat, and a scarlet coat under it; I only took notice of the lace under it. The gentleman ordered the coach to drive up to Grosvenor-square; I do not remember that he told me the street in Grosvenor-square. I really think that is the gentleman, it is like him; dress makes such an alteration, that I cannot with certainty say."

Then Mr. Richard Barwick says, "I am a clerk to Messrs. Paxtons and Co.

bankers, in Pall Mall. I remember pa.s.sing by Marsh Gate on the morning of Monday the 21st of February. I observed a post-chaise with four horses, it had galloped at a great rate; the horses were exceedingly hot, and I saw a man getting into a hackney coach; I followed it, and saw it as far as the Little Theatre in the Haymarket; I wanted to know what the news was." Being a banker's clerk, it was natural he should wish to know what the public news was. "I observed the coach pa.s.sed the public offices in the way." It appears, that he was a little surprized at this person not stopping to communicate his news at those offices.

Whether he suspected him or not, he does not say; but observing that he stopped at none, and it being time for him to go to the banker's shop, he did not think it worth while to pursue him any further. This was about nine o'clock, as he supposes, that he left him in the Haymarket.

Then he says, the gentleman had a cap on with a gold band, such as German cavalry use at evening parade; this appears to me something like it.

Then William Crane, the coachman, says, "I remember on Monday morning the 21st of February, taking up a fare at Marsh Gate from a post-chaise and four from Dartford. I was directed to drive to Grosvenor-square; I drove into Grosvenor-square; the gentleman then put down the front gla.s.s, and told me to drive to No 13, Green-street; the gentleman got out there, and asked for a colonel or a captain somebody; I did not hear the name, and they said he was gone to breakfast in c.u.mberland-street; the gentleman asked if he could write a note; he then went into the parlour; the gentleman gave me 4_s._; I asked him for another." Hearing that Napoleons had been distributed to drivers, he thought that a hackney-coachman might ask for a little more of his bounty than he at first received. "He took a portmanteau that he had, and a sword, went in and came out again, and gave me another shilling. The portmanteau was a small black leather one; I saw that gentleman in King-street, Westminster, at the messenger's house. I think this is the gentleman here; when I saw him in King-street, as I came down stairs, he looked very hard at me; I knew him then, though he had altered himself a great deal in his dress."

Upon his cross examination, he says, "I went to Mr. Wood's, the messenger of the Alien Office, for the purpose of seeing him; I walked down stairs, and met the gentleman coming up stairs, and I thought he was something like the gentleman I had carried; I do not know every person I carry in my hackney-coach; this person, when I got to Green-street, I saw had a red coat underneath; the waterman opened the coach-door for him to get in." So that he was within view of the waterman. "He had on a brown grey great coat, with brown fur cap."

Now, gentlemen, he is brought to the house of Lord Cochrane; further evidence arises afterwards upon the subject of his being there.

We will at present follow the dress to its conclusion. George Odell, a fisherman, says, "In the month of March, just above Old Swan stairs, off against the Iron Wharfs, when I was dredging for coals I picked up a bundle, which was tied up with either a piece of chimney line or window line, in the cover of a chair bottom; there were two slips of a coat, embroidery, a star, and a piece of silver, with two figures upon it; it had been sunk with three pieces of lead and some bits of coal; I gave that which I found to Mr. Wade, the secretary of the Stock Exchange; it was picked up on the Wednesday, and carried there on the Sat.u.r.day. I picked this up on the 24th of March." You have before had the animal hunted home, and now you have his skin, found and produced as it was taken out of the river, cut to pieces; the sinking it could have been with no other view than that of suppressing this piece of evidence, and preventing the discovery which it might otherwise occasion; this makes it the more material to attend to the stripping off the clothes which took place in Lord Cochrane's house. When he pulled off his great coat there, what must he have displayed to his Lordships eyes, if present at the time? Did he display the uniform of the rifle corps? The uniform of the rifle corps is of a bottle-green colour, made to resemble the colour of trees, that those who wear it may hide themselves in woods, and escape discovery there; that is, I presume, the reason of their wearing that species of uniform, and as to the idea suggested in Lord Cochrane's affidavit, that his exhibiting himself in that uniform would be deemed disrespectful to Lord Yarmouth. Lord Yarmouth has told us, that on the contrary he should have thought it a matter of respect to him, and proper as his officer, to have appeared before him in that very dress.

The account that is given of this man's pulling off his dress, as contained in the affidavit of Lord Cochrane, is highly deserving of your attention. It is a rule of law, when evidence is given of what a party has said or sworn, all of it is evidence (subject to your consideration, however, as to its truth) coming as it does, in one entire form before you; but you may still judge to what parts of this whole you can give your credit; and also, whether that part, which appears to confirm and fix the charge, does not outweigh that which contains the exculpation.

Now I will state to you, what is Lord Cochrane's affidavit; it may as well come in now in this period, as in the later period in the cause; it was produced in the pamphlet published by Mr. b.u.t.t, and is prefaced by Lord Cochrane thus, "Having obtained leave of absence to come to town, in consequence of scandalous paragraphs in the public papers, and in consequence of having learnt that hand bills had been affixed in the streets, in which I have since seen it is a.s.serted, that a person came to my house at No. 13, Green Street, on the 21st day of February, in open day, and in the dress in which he had committed a fraud; I feel it due to myself to make the following deposition, that the public may know the truth relative to the only person seen by me in military uniform at my house on that day." Now it is material to observe, this affidavit first introduced the name of De Berenger in any public doc.u.ment; whether it was known privately at any earlier period we are not informed, the date of it is the 11th of March. The Davidsons have informed you, that the day he finally disappeared was the 27th of February, (Mr. Cochrane Johnstone having called and left a letter, for what purpose we know not, on the 26th,) he appears to have very soon got to Sunderland, and might, on the 11th of March, the date of this affidavit, be reasonably supposed to have been out of the kingdom.