The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 134

It is in evidence, that when De Berenger was taken, there was found in his writing-desk part of the produce of the exchange at the bank of four .100 notes, two of the bank notes of .200 being changed first into two .100 notes, and then into ones; the whole are identified by the clerks of the bank; sixty-seven the produce of one .100; forty-nine identified as the produce of another, and seven the produce also of one of those; there are traced to him likewise a .50 and a .40; the .50, traced by the evidence of Smith to-day, the evidence upon that subject being deficient yesterday, I stopped them short, because I thought that the entry of the mere initials W. S. and .50, did not afford distinct and sufficient proof that the person meant by those initials was William Smith, and that the .50 was a sum which had pa.s.sed between Wm. Smith, Mr. De Berenger's servant, and him, and that the evidence was deficient in that respect. The princ.i.p.al part of these are the produce of the draft of .470, and a fraction, which was changed as will appear in the evidence, when that part of it is stated to you. Originally the .470 draft had been laid down before and paid to Lord Cochrane; it had afterwards got into the hands of Mr. Cochrane Johnstone and of Mr. b.u.t.t, for there appeared to be such a communication between the parties, that you cannot say from whom ultimately it proceeded, but it had been in some sort in the hands of all, and the produce of this check, originally paid to Lord Cochrane, is found in the desk of this man.

I have been led aside by reading the affidavit to these observations on the dates. To return, the affidavit was, as I have already stated, sworn March 11th 1814, by which time it might well be supposed that De Berenger, if he made proper speed, had got out of the kingdom. The affidavit proceeds thus; "I, Sir Thomas Cochrane, commonly called Lord Cochrane, having been appointed by the 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," there is no doubt that patent exists, and that there is a true transaction as to the patent; but whether it be introduced here as a colour, and to draw off your attention from other matters is another point. "That in pursuance of my daily practice of superintending work that was executing for me, and knowing that my uncle, Mr. Cochrane Johnstone, went to the city every morning in a coach, I do swear, on the morning of the 21st of February, (which day was impressed on my mind by circ.u.mstances which afterwards occurred) I breakfasted with him at his residence in c.u.mberland Street, about half past eight o'clock, and I was put down by him (and Mr. b.u.t.t was in the coach) on Snowhill, about ten o'clock," therefore these three gentlemen who had so much to do on that day, were brought together, and had an opportunity of communicating together at least at this time. They go on to the city together, after having, it may be supposed had so much of communication together as was necessary for the current business of the day, whatever that business was. "I had been about three quarters of an hour at Mr. King's manufactory, at No. 1, c.o.c.k Lane, when I received a few lines on a small bit of paper, requesting me to come immediately to my house, the name affixed, from being Written close to the bottom, I could not read;" that was certainly a very pointed observation which was lately addressed to you, by the learned counsel for the prosecution, that the name which he says he could not read, would not in all probability have been written at the bottom, for he had finished the note once, and when it was sent back to him there was s.p.a.ce enough still left for him to write something more; for the servant says, he added something more afterwards, therefore it was not from its being crowded at the bottom, unless it be, that he had not signed any name till quite the last, and after he had written the addition which Lord Cochrane mentions, "the servant told me, it was from an army officer, and concluding that he might be an officer from Spain, and that some accident had befallen to my brother, I hastened back, and I found Captain De Berenger." Now certainly, his anxiety about his brother, if true, was a very good motive for his returning, but I addressed some questions to the witness on this subject; I thought it very likely if that was the motive which induced Lord Cochrane to return, that he should have disclosed that motive to the person who brought the note, especially as he was a servant who had been seventeen years in the family; nothing could be more natural than to say, "Thomas, I hope there is no bad news from my brother, your old master;" no such thing pa.s.ses, but--"Well, Thomas, I will return," is all that he says to him; he does not mention any thing about any apprehension as to his brother. His brother, as appears by the returns which have come home, had been wounded, or was upon the sick list; but it does not appear that he had then actually received any communication upon that subject; and which, if he had received any such, might have been expected to be proved, and might easily have been so. That his brother was in fact upon the sick list appears, but not that he then knew him to be so; nor did he intimate to the servant that came, one word of apprehension about his brother, or any mention of his health or of him, but came back immediately on receiving this note. Now, with the acquaintance he had with De Berenger, no doubt such application had been made to get him appointed as is proved; and he must have been, one would suppose, familiar with his hand-writing; and _if so_, he could have had no doubt who was the person from whom he received this note, and whom he was to meet when he should get home; but he says, "I found Captain De Berenger, who, in great seeming uneasiness, made many apologies for the freedom he had used, which nothing but the distressed state of his mind, arising from difficulties, could have induced him to do; all his prospects, he said, had failed, and his last hope had vanished of obtaining an appointment in America. He was unpleasantly circ.u.mstanced on account of a sum which he could not pay; and if he could, that others would fall upon him for full .8,000. He had no hope of benefitting his creditors in his present situation, or of a.s.sisting himself. That if I would take him with me, he would immediately go on board and exercise the sharp-shooters (which plan I knew Sir Alexander Cochrane had approved of;)" and there is no doubt that Sir Alexander Cochrane had, on some application of Mr. Cochrane Johnstone or Lord Cochrane, applied for him, but that for reasons not communicated to us, such application had not been successful, and it had not been thought fit to appoint him.

Then he says, "That he had left his lodgings, and prepared himself in the best way his means allowed. He had brought the sword with him which had been his father's; and to that and to Sir Alexander, he would trust for obtaining an honourable appointment. I felt very uneasy at the distress he was in, and knowing him to be a man of great talent and science, I told him I would do every thing in my power to relieve him; but as to his going immediately to the Tonnant, with any comfort to himself, it was quite impossible; my cabin was without furniture; I had not even a servant on board. He said he would willingly mess anywhere; I told him that the ward-room was already crowded; and besides, I could not with propriety take him, he being a foreigner, without leave of the Admiralty. He 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 antic.i.p.ating," now this is very material, "any objection on my part, from the conversation he had formerly had with me; he had come away with intention to go on board and make himself useful in his military capacity; he could not go to Lord Yarmouth, or to any other _of his friends in this dress_;" what is the dress that Lord Cochrane represents as then belonging to him? a green dress? had he a green dress? he must have had that dress with him whatever it was in which he had come in the coach; he says that would excite suspicion; why, if he had really a green uniform, that would not have excited observation or suspicion; it was the very uniform he ought to have worn; but if it was that in which he had got out of the coach, and it does not appear that he had any means of shifting himself; if he had on an aid-de-camp's uniform with a star, and so presented himself to Lord Cochrane, how could Lord Cochrane reconcile it to the duties he owed to society, and to Government, and to his character as a gentleman and an officer, to give him the means of exchanging it; it must be put on for some dishonest purpose; this red coat and star, and all this equipment, must have appeared most extraordinary, and must have struck Lord Cochrane most forcibly, if he was not aware of the purpose for which it was used; "that he could not go to Lord Yarmouth, or to any other of his friends in this dress, or return to his lodgings, where it would excite suspicion (he was at that time in the Rules of the King's Bench); but that if I refused to let him join the ship now, he would do so at Portsmouth; under present circ.u.mstances, however, he must use a great liberty, and request the favour of me to lend him a hat to wear instead of his military cap. I gave him one which was in a back room, with some things that had not been packed up; and having tried it on, _his uniform appeared under his great coat_; I therefore offered him a black coat that was laying on a chair, and which I did not intend to take with me.

He put his uniform _in a towel_, and shortly afterwards went away." If he put that uniform in a towel, he must have pulled it off his back, for it was on his back before, and then Lord Cochrane, one would think, must have seen him do it; what business had this man with a red aid-de-camp's uniform? he had no business to wear any such garb, he was almost as much out of his proper character, as I should be if I appeared habited in the particular dress and professional habits of an officer or a clergyman; but it does not rest there, for he himself lends to this person the immediate means of his concealment, he lets him have a hat instead of his _laced cap_; and what had such a cap to do with a sharpshooter's uniform? upon seeing him appear habited as all the witnesses represent him to have been in his way from Dover to Green-street, Grosvenor-square, would not any one who had known him before have immediately exclaimed, where have you been, and what mischief have you been doing in this masquerade dress. It is for you, gentlemen, to say whether it is possible he should not know, that a man coming so disguised and so habited if he appeared before him so habited, came upon some dishonest errand, and whether it is to be conceived a person should so present himself to a person who did not know what that dishonest errand was, and that it was the very dishonest errand upon which he had been so recently engaged, and which he is found to be executing in the spreading of false intelligence, for the purpose of elevating the funds, if he actually appeared to Lord Cochrane stripped of his great coat, and with that red coat and aid-de-camp's uniform, star and order, which have been represented to you, he appeared before him rather in the habit of a mountebank than in his proper uniform of a sharpshooter.

He says, "he went away in the hackney coach I came in, which I had forgotten to discharge in the haste I was in. The above conversation is the substance of all that pa.s.sed with Captain De Berenger, which, from the circ.u.mstances attending it, was strongly impressed upon my mind; I most positively swear that I never saw any person at my house resembling the description, and in the dress stated in the printed advertis.e.m.e.nt;"

which I suppose will be read, "of the members of the Stock Exchange; I further aver, that I had no concern directly or indirectly in the late imposition, and that the above is all that I know relative to any person who came to my house in uniform, on the 21st day of February before alluded to, Captain De Berenger wore a grey coat, a green uniform, and a military cap;" now did he wear a green uniform? They are at issue upon the dress then worn by him; if he had not this dress on, what other had he? And if he had the green one on, what true or probable reason existed for the change of that? the unfitness of appearing in it before his commanding officer, Lord Yarmouth, is negatived by Lord Yarmouth himself; supposing him to have appeared in any disguise, it is the conduct of an accomplice, to a.s.sist him in getting rid of his disguise, to let a man pull off at his house, the dress in which (if all these witnesses do not tell you falsely) he had been committing this offence, and which had been worn down to the moment of his entering the house, namely, the star, a red coat and appendant order of masonry, seems wholly inconsistent with the conduct of an innocent and honest man, for if he appeared in such an habit, he must have appeared to any rational person, fully blazoned in the costume of that or of some other crime, which was to be effected under an a.s.sumed dress, and by means of fraud and imposition; this circ.u.mstance is therefore very important for your consideration; the judgment to be formed upon it must rest with you, and you will no doubt consider, whether supposing him to have appeared before Lord Cochrane, dressed as the witnesses represent him to have antecedently been, the circ.u.mstance of his so appearing in a dress proper for the commission of such a fraud, as appears to have been committed on that day, by attracting a false belief of the person being a messenger bringing great public news, coupled with the fact of his afterwards walking off with that dress in a bundle, instead of having that dress upon his back, and also with the evidence given in order to prove a connexion with the notes afterwards found in De Berenger's desk, you are not satisfied that he was privy to and a.s.sisted in the scheme of effecting a deception upon the public.

Gentlemen, I have taken this subject a little out of its place in adverting to it here. To return--

Mr. Lavie says, "I received the parcel, (_that produced by Odell_), in the Stock Exchange room, in which Mr. Baily and Mr. Wade were present."

Mr. Wade says, "I am Secretary to the Stock Exchange, in company with other gentlemen, I received from Odell a bundle, said to be found in the river, which was given to Mr. Lavie; the star was then in two pieces, and was afterwards sewn together, for the purpose of being exhibited."

Then Solomons, who originally sold the dress, is called; he says, "I am a military accoutrement-maker; we have a shop at Charing Cross, and another at New Street, Covent Garden. On Sat.u.r.day the 19th of February," the very day before this is put into execution, with the intervention of the Sunday; "a military dress was purchased at my house; a military great coat and foraging cap made of dark fur, with a pale gold border; I have since had a cap and a coat made exactly resembling them, as nearly as I could possibly recollect." He had them made I suppose in order to exhibit them. "The person purchased at our house in New Street, something which came to Charing Cross shop, as being ordered at New Street, and the person came to Charing Cross and took it away; there was a military great coat, a military staff coat, such as persons on the staff wear, the uniform of an aid-de-camp. I have examined the fragments, the star and the badge, I believe those to be the same, we had the very fellow-star to that; except those two, I do not know that I ever saw any star like them, the badge I did not take much notice of;"

that is the silver masonry ornament, "I have examined these fragments, and they appear to be part of the same materials, the same description of embroidery, the same description of coat; I had a conversation with respect to the great coat, and also the cap; he observed that they were wanted for a person who was to _perform the character of a foreign officer_, they were to be sent into the country that evening, he took them away with him in a coach, he had a small portmanteau with him;" you remember there is a leather portmanteau spoken of; "he did not beat me down in the prices, or make any observations about money, but merely paid for them, I was conversing with him for a short time, I have been since introduced to a person at the Parliament-street coffee house; I cannot undertake to say it was the person, in point of appearance he resembles him, except that the person I served had whiskers." Now if you recollect the history of the whiskers, it is established that he had worn whiskers, though the woman who endeavoured to make us believe that he slept at home on the Sunday night, said she had not so much as observed (though she had been his servant two years and a half) whether he had any whiskers. It appears to me that is a circ.u.mstance in the countenance of a person which one would very much observe; he says, "the person I saw in Parliament-street had not whiskers;" he then looked at Mr. De Berenger, and said, "this is the person I was introduced to at the coffee house in Parliament-street; I really cannot undertake to swear that he is the person, the gentleman that represented himself to be Mr. Wilson, was dressed in a different manner, he had black whiskers, and from that circ.u.mstance I could not possibly undertake to swear it was the same person, it resembles the person, except that the person I served had whiskers, I cannot say that I believe it is the person, or that it is not."

Mrs. Abigail Davidson, the woman with whom Mr. De Berenger lodged, is then called; she says, "In the month of February last I resided in the Asylum Buildings, near to the Asylum; the house is within the Rules of the King's Bench. Mr. De Berenger lodged with me; he finally quitted my house on the 27th of February, on a Sunday. I do not remember where he was on the Sunday before that, I did not see him on the morning of that Sunday; I cannot say whether he slept at home that night, we never attended to the door; I usually heard him in the morning, I did not hear him as usual on the morning of the 21st; I used to hear the bell ring for the servant, more than once; he occupied the whole of the upper part of the house, I and my husband had the two parlours. I heard him also occasionally playing the violin and trumpet, and he used to walk about; he then wore whiskers. I generally heard his bell; I did not see him come home on the Monday; I saw him in the evening, about half past five; I had heard him in the afternoon. He quitted my house on the Sunday after; I remember a gentleman calling on the Sat.u.r.day night, the day before he quitted, with a letter; I have since seen that gentleman again, I saw him at the Temple; Mr. Lavie was then present. I cannot say that I positively knew the gentleman, but I think it was the same that I had seen deliver the letter on the 26th of February. Mr. De Berenger had two servants of the name of William Smith, and his wife; when he dined at home, his servants attended him; on Sunday the 20th, I cannot say whether he dined at home; his usual dinner hour was about four. I think his servants went out about two or half past on that Sunday." If you remember, Smith and his wife swear to De Berenger's going out about four on that Sunday, and Smith says, that he and his wife went out soon after; this woman swears, that they went out at two or half past. "There was a private place where the key always hung, for the accommodation of Mr. De Berenger, and as the key was always under the care of Smith, I did not see where the key was put that evening."

On her cross-examination she is asked, what Sunday it was that these servants went out to dinner at two or half past? she says, "On Sunday the 20th, about eleven o'clock, I heard my husband observe, De Berenger was gone out; I cannot say whether he slept from his bed on Sunday the 20th; I sleep in the back parlour. I have heard him trumpet by nine o'clock, not by seven. I had no call to look after him on any morning."

Upon her re-examination she says, "My husband observed to me, our lodger is gone out with a new great coat on." So that he is, for the first time, observed by them in that great coat on that Sunday.

Mr. Lavie says, the person Mrs. Davidson saw at the Temple getting out of the hackney coach, was Mr. Cochrane Johnstone, that she said she believed that the person who was striking the Jury, and who was Mr.

Cochrane Johnstone, was the person who brought the letter on the Sat.u.r.day.

Mrs. Davidson, on being called again, and further cross-examined, says, Mr. Lavie desired me to attend to see a gentleman; I was told Mr.

Cochrane Johnstone was to be there; I will not swear that the person who left the letter was Mr. Johnstone. I had a conversation about the person with Smith, Mr. De Berenger's servant.

Then Mr. Launcelot Davidson, the husband of the last witness, is called; he says, "Mr. De Berenger lodged in my house; he quitted my house finally on Sunday the 27th of February. The Sunday before that, I saw him go out before eleven (that was on Sunday the 20th); I had been out before; I was waiting to hear the Asylum clock strike eleven; I saw him go out, I had seen him come in ten minutes before; when he came in, he had a plaid cloak on, which he had worn the winter; when he went out, he had a great coat of that colour (pointing to the grey coat produced by Solomon); as he went, I observed to my wife, there goes our lodger, he has a new great coat on; he did not come home again at all during that day, that I saw or heard; I did not see or hear him the next morning before nine; I go out at nine. I generally used to hear him before that time walking about, or ringing for his servant. I made an observation upon his servants going out on the Sunday at two; I do not think they were at home _at four o'clock_, which was Mr. De Berenger's usual dinner hour; the man servant always attended him when he dined, and the woman dressed his dinner; he did not dine at home on that Sunday. A conversation took place with the Smiths afterwards, respecting that Sunday night." Now to be sure it is a most obvious thing, that if he had been in town at that time, nothing could be so easy as to have proved where he dined; and probably those who might have been called to prove that fact, would have been persons of a better description than Donithorne, Tragear, and the other persons called, to give an account of him on that day.

On cross-examination he says, "I had nothing to do with his domestic life. He made a loud rap at the door, and had few visitors. I am a broker, and clerk of a broker, and out a considerable part of the day."

Gentlemen, the next evidence applies to the Northfleet part of the transaction.

Mr. Vinn says, (and to be sure it is an odd story he tells); "in consequence of a note left at my house, dated the 14th of February last, I went to the Carolina coffee-house on the 15th, where I met Mr. M'Rae, in company with an elderly gentleman; he desired me to sit down. I had known M'Rae before for some years, he was standing near the door, and in about seven or ten minutes, he came and joined me; he told me he had known me a long time, and that he thought he had now an opportunity of making my fortune; that he knew from the knowledge I had of languages, I should have an opportunity of benefiting others and myself; I asked him what the object was; he said not to travel abroad, but probably at home, and that almost immediately; that it was a scheme that he had in contemplation, to be employed by men of affluence and consequence, and that no man was more competent than myself; he said there was no moral turpitude in the business, but that it was practised daily by men of the first consequence." What M'Rae says, is, you will observe, evidence criminally only as against himself; because what he _confesses_, is not evidence to affect others. What he _does_, may affect others as parties to the conspiracy; but what he _says_ cannot affect others; "that it was only biting the biters, or in other words, a hoax upon the Stock Exchange; and that by going down to Dartford, Folkestone or Dover, I should receive instructions." So that in his communications, Dover is mixed with Dartford, as the probable destination to which the parties to this business might be sent; "that it was necessary to have for himself and me, two dresses of French officers;" so that dresses similar to that in which the Dover plan was executed, were in his contemplation. "I there stopped him, and asked him whether he really meant to be employed in this transaction; to which he replied, certainly; and that I should be in the first place remunerated, and ultimately have a fortune made me: I replied with indignation, that I would as soon be concerned in a highway robbery; that I thought he had known me better; I expressed myself rather loudly, as offended at it; he endeavoured to hush me, saying, hush! that we might be overheard. He took me up Cornhill, where I left him; I told him if he would go with me to another coffee-house, I would introduce him to a person who, though I would not undertake the business, might do it. I took him there; it was the Jamaica coffee-house; there was a young man there, to whom I was about to introduce him; but he turned round suddenly, and I did not: upon M'Rae returning, he asked me whether I would not give him in writing some French sentences, sentences such as Vive le Roi, Vive les Bourbons, Vive Louis Dix huit; I gave him those terms in writing;" so that he might play off those terms, to a.s.sist in the prosecution of this business. A letter is then shewn to the witness; he says "this is the letter I received from M'Rae; it is his hand writing." The letter is in these terms, "Mr. Vinn, Please to meet me at the Carolina coffee-house, about eleven to-morrow, upon very particular business, yours," so and so.

On his cross-examination, he says, "I am an accountant; I have been acquainted with M'Rae five years and a half. I never bought and sold as a broker; I had been in business myself; there was no person to hear the conversation I have stated. I communicated this at the Stock Exchange to Mr. Rothery, and mentioned it publickly on the 15th, and that I had refused it; my object was not to get another person really to undertake the business, but to furnish myself with a confirmatory witness."

Sarah Alexander is called, and she proves very material circ.u.mstances as to the preparation for this North-fleet expedition, to take place at the same period of time as that from Dover. She says, "I live at Fetter-lane; I have lived there ever since last September. I know Mr.

M'Rae; he lodged on the same floor that I did; he is a married man; his wife lived with him; on Sat.u.r.day the 19th of February, he came to my room." The other military uniform, you will recollect, was purchased on this very same day for the Dover scheme: "He brought a small parcel, and gave it to his wife; he said it was of value, and bade her take care of it. He went out on Sunday the 20th; he went out between ten and eleven, and returned before twelve, and brought with him two coats and two opera hats; they were inclosed in a bundle; I saw the coats; they were very dark blue, done with braiding; they were officers coats; the flowers were of worsted embroidery; they were flat hats; one coat was lined with white silk; one coat and one hat was better than the other; the one had a bra.s.s plate and gold ta.s.sel; he put them on, and walked about, and asked whether he did not look like an officer." So that he was representing and playing this character before-hand: "He went out again, and came home before one, and brought some ribbon with him; he wanted two c.o.c.kades to be made round; he applied to his wife; his wife asked what he was going to do with them; he said, to deceive the flats." So that he not only exhibits the materials by which he was to effect the fraud, but avows the object, "to deceive the _flats_;" that is, I suppose, _credulous persons_. "He put the c.o.c.kades into his pocket, and the hats and coats in a bundle, and went out, saying he must be at Billingsgate, to start at two by the Gravesend hoy. The next day, I met him a quarter before two in Cursitor-street; he was dressed the same as he went out, in his own clothes; he had apparently the same bundle; he brought home one coat and one hat; the best coat and hat were in the bundle; he said he had slept at North-fleet, but he had the appearance of not having been a-bed at all; he brought home the c.o.c.kades in his pocket; he appeared very tired: His wife unripped the c.o.c.kades, and took the white lining out of the coat, and carried it to the dyers to be dyed black." Then she says, "From December to February we lodged together; we kept but one fire, and lived a good deal together; he was in a state of great indigence, and never had any money except a shilling or an eighteen-penny piece now and then; after the North-fleet expedition, he had a .10 and a .1 note, and the day before he finally left his lodgings, he had three .2 notes; he finally left his lodgings on the 2d or 3d of March. On Sunday the 27th of February, he bought a new coat and a new hat; on Monday the 28th, he said he was to have .50 for what he had done; he wished when he went away finally, for n.o.body to know where he was going; and I wished not to know." On the 2d or 3d of March this gentleman disappears as the other De Berenger had done on the 27th; such were the nearly contemporaneous and similar actings of these parties.

Both of them on Sat.u.r.day are making preparations for a scheme which is to operate on London at the same period; you will consider whether there was not a communion of purpose in these persons, whether they did not conspire to produce a common end, though they might not particularly know how the others were co-operating with them at that time; in short, whether there might not be one master workman, who played the puppets in both directions. Then you have the course of the Northfleet people.

Philip Foxall, (the next witness), says, "I keep the Rose Inn at Dartford;" a letter was shewn to him, he says, "I received that letter from Mr. Sandom, I knew him by his frequently having chaises from my house." That note is one in pencil, ordering a chaise, "please to send me over immediately, a chaise and pair to bring back to Dartford, and have four good horses ready to go on to London with all expedition." "I sent a chaise over to Northfleet, and had horses ready, as the letter advised me; the chaise on its return drove furiously into my yard, with Mr. Sandom and two gentlemen with white c.o.c.kades, and large flat hats, quite plain, except white ribbon or paper, and blue clothes, I cannot say whether they were plain. I forwarded them with four horses. I asked Mr. Sandom whether they would breakfast; he said no, they have breakfasted at my house, they have been out in an open boat all night, and are very much fatigued; I asked who are they? Sandom said he did not know, but they had news of the utmost consequence, and begged I would let them have good horses; they ordered a chaise and horses for Westminster."

On his cross-examination he says, "I think I must have received the note about seven o'clock in the morning; the chaise with Sandom and the other gentlemen came back in about an hour. I was surprised to see it in so short a time. I only know Sandom by his having chaises at my house to Northfleet. I understood he lived there; he had been in the habit for nine months before that, of occasionally having horses from my house."

This evidence introduces Mr. Sandom in this chaise, with these persons in this a.s.sumed garb, and presents him therefore as acting in this purpose.

Foxall Baldry is next called; he says, "I am a post-boy at the Rose at Dartford; on the morning of the 21st, I recollect a chaise coming from Northfleet to our house; I have seen one of the gentlemen since; I did not know Mr. Sandom personally at the time; he was one of those persons; I did not know the other two; I drove the leaders. Just as we were coming to Shooters Hill, Mr. Sandom got out of the chaise, and said, give your horses their wind, and when you get up the hill, make the best of your way; I will give you twelve shillings a-piece for driving; my fellow servant ordered me to go over London Bridge, down Lombard-street, along Cheapside, over Blackfriars Bridge, down the New Cut, and when I was in sight of the Marsh Gate, I was to stop." That was the line they were to take, they were to come through the town with these laurels and white c.o.c.kades, which would attract attention; and it appears that this chaise came about two hours after the other, so that when the rumour began to be languid, this would revive and also strengthen it, the same report reaching London through two channels that morning. "I took that course; Mr. Sandom had on a brown coat, and the other two were in blue coats I think; the horses had laurels upon them; when I was in sight of the Marsh Gate I pulled up, the parties took off their c.o.c.ked hats, put them into their handkerchiefs, put their round hats on, and they walked away." It had answered their purpose, they had exhibited themselves in the city, and they then resumed their usual habits. "I got to the Marsh Gate about eleven o'clock I should think; Mr. Sandom did not give us any thing at that time, nor pay for the chaise; he asked what house we stopped at; I told him the Bull, Kent-street end, and he came to us there, and gave my fellow servant a .1 note and the rest in silver; the chaise he did not pay for." Whether it is yet paid for, n.o.body has informed us.

Mr. Baily is then called again, and he says, "In consequence of inquiries that had been made, Mr. Holloway and Lyte attended the committee of the Stock Exchange. Holloway denied any knowledge of the transaction, after which he came and confessed that he had planned that plot or partic.i.p.ated in it; he said that he had done it with view to obtain money by a rise in the public funds; and Lyte said that he had been employed by Mr. M'Rae, at Mr. Holloway's solicitation. Lyte stated, that he and Sandom, and M'Rae, rode in the post chaise from Northfleet to Dartford, and afterwards from Dartford to London; there were present at this time, Mr. Wakefield, Mr. Lavie, and Mr. Chaumette. Holloway and Lyte came together, and what Lyte stated, was in the presence of Holloway; he (Holloway) stated, that he was not aware of the serious turn it would take; but finding that it had taken so serious a turn, he had come forward and confessed it, in the hope that the Stock Exchange would not pursue it to extremities. He was asked, whether he had any connexion with Lord Cochrane, Mr. Cochrane Johnstone, or Mr. b.u.t.t, and he denied that he had;" and certainly, if his denial was complete evidence of the fact, it would be proper for your consideration in that respect; but what he admits is to be taken as against himself, subject to your discreet consideration of the whole of the circ.u.mstances; and you will, upon the whole, determine, whether these defendants conspired with the rest in the promotion of the same end, accomplished by the same or similar means, about the very same period. Mr. Baily adds, that nothing he supposes, but the publicity of the measures, induced Holloway to come forward; and that he believes Holloway stated, that he would communicate all he knew of the business, because M'Rae had offered, for a large sum of money (I believe that sum was mentioned to be ten thousand pounds) to come forward; he denied also any connexion with De Berenger.

Several Brokers are then called. Mr. Robert Hichens, one of them, says; I have known Mr. Cochrane Johnstone for several years, I have never done business for him till the present year; from the 8th of February to the 19th, I made various purchases for him, the balance was .250,000 omnium, at the leaving off of the business on Sat.u.r.day; I furnished Mr.

Baily with an account of the purchases and sales on Monday the 21st; I met Mr. Cochrane Johnstone as I was coming out of the Stock Exchange, about a quarter before eleven o'clock; I received an order from him on the Sat.u.r.day to sell .50,000 at one per cent. profit on the Monday, and that I sold before I saw him on Monday; now it does appear very probable, that the communication this person had made at Dover, might have reached town before De Berenger, for it appears by the evidence of Wright of Rochester, that he had been called up by a post-boy of his brother's at Dover, who had probably brought before De Berenger's arrival at Rochester, some of the news which De Berenger had announced at Dover, for Wright of Rochester addresses him as a person whom he was "_led to suppose_" was the bearer of some very good news; some such cause appears to have operated, so that the stocks were at 29 early in the morning; on the Sat.u.r.day he ordered me to sell a certain quant.i.ty at an eighth per cent. more; I sold the whole of it that day by his directions, at 29, 29-1/8, 29-1/2, 30-3/4 and 30-7/8. I disposed of the whole which Mr. Cochrane Johnstone held at one or other of those prices.

Then on cross-examination, he states Mr. Cochrane Johnstone's balance on this and different days, and it appears that they had been dealing in the funds, with a view to this particular day; for a length of time they all had their hands full of omnium and consols; and the omnium having obtained a price which would allow of a profit, all was sold, and the object appears to have been as much to raise the price a little, so as to get out without present loss, as to gain a profit; this is the substance of the evidence of the different brokers, who all prove the quant.i.ties of stock, and that they were both buyers and sellers; the persons who were interested to prevent a depression, must feed the market occasionally as a buyer, I should imagine, though I am not very conversant in these things.

Mr. Baily then states in substance, what from an inspection of the accounts, with which he states himself to have been furnished by the several brokers, Hichens, Fearn, Smallbone, and Richardson, it turns out had been the balances of the three persons, Mr. Cochrane Johnstone, Lord Cochrane, and Mr. b.u.t.t, in the different speculation they had, which had lasted for a considerable time; from the month of November, according to Mr. Fearn, down to that day, and particularly from the 8th to the 21st of February (the particulars of which are specified in this paper) they appear to have had a larger balance, at least Mr. Cochrane Johnstone appears to have had on an antecedent day, than he had on the 21st of February; but it appears as if they not only were speculating on what they were buying, but they were speculating to such an amount, that unless they got rid of it, every one of them might be ruined; and they had determined, it should seem, on getting a profit of about one per cent. to sell the whole. It turns out, that on the 21st of February, as appears by this paper, .420,000 of omnium, and .100,000 of consols, belonged to Mr. Cochrane Johnstone; .139,000, of omnium to Lord Cochrane; and to Mr. b.u.t.t, .200,000 omnium, and .178,000 consols. It appears that he sold on that day, .24,000 more of omnium than he had; and .10,000 of consols short of what he had; and with those differences merely, they, on that day, evacuate themselves of the whole; and, by Mr.

Baily's account, you will see there was a profit upon the whole. The gross amount of the balances of all three, was .759,000 omnium, and .278,000 consols, which would make, he says, if the whole amount were reduced to consols and calculated as consols, .1,611,430, .3. per cents. Of that quant.i.ty of stock they were holders on the 21st of February. When I have stated the total amount as being .1,611,430, 3 per cents., that is supposing the omnium was calculated in terms of consols; he says, the fluctuation of only _an eighth_, would, upon this large amount, have been a profit of above .2,000. The profit upon the sales of that day, was, he says, .10,450. Lord Cochrane's share of this profit was, as he computes, .2,470.; Mr. Cochrane Johnstone's, .4,931.

5.; and Mr. b.u.t.t's, .3,048. 15.; he says, "If no news had arrived on the 21st, no person could have sold this large quant.i.ty of omnium and consols, without very much depressing the market;" therefore, it was necessary, it should seem, that there should be good news to keep up the market, that great holders of stock might get out of the adventure without loss. "I should think the news arrived in about half an hour after ten; business begins at ten; the news had a gradual effect, as the report was believed, the first decline was about the middle of the day;"

he says, "the recovery of the funds was generally attributed to the chaise pa.s.sing through the city;" therefore one chaise was, in point of effect, a good auxiliary to the other, and the blue coats and the worsted embroidery, aided, it should seem, the effect of the red coat and gold lace; and you will consider whether it was not all part of the same transaction. I think, he says, the chaise through the city carried it to its highest amount; I should think, he says, the accounts were time bargains, from the magnitude of the sums, and it should seem, they were so; but though the gain which these parties made, might not be a legitimate gain arising on legitimate bargains, the evil of this to the fair dealer is palpable, and the argument of its invalidity is a sword with a double edge; its operation, at any rate, is to cut very deeply into the interest of innocent dealers in the funds.

Mr. Wetenall then speaks to the different prices of the stock on that day; he says, "I collect the prices at different times of the day, and furnish the bank with these papers. Omnium left off at 26-3/4, that was the money price; the time price is generally one per cent higher. It commenced on Monday at 26-1/2. On news arriving, it rose to 30-1/4; fell back to 30, and afterwards to 28. After the stocks had begun to fall; on a report of a chaise having come through the city, they rose again."

Pilliner, who was a stock-broker, says; "before the 21st of February I had made purchases for Holloway to the amount of .20,000 omnium, and .20,000 consols. I sold for him .20,000 omnium, and .14,000 consols.

I saw Holloway on the morning of the 21st;" he declines answering whether they were time bargains, or for money; "he desired me to sell his stock, to sell all about the middle of the day. I had acted as broker for him two years."

Then Mr. Steers says, "I am broker to the Accountant General of the Court of Chancery. On Monday the 21st of February I made purchases, as broker for the Court of Chancery, to the amount of fifteen thousand and odd; I bought at 71-5/8 consols; that was the price about eleven o'clock, when the funds had considerably risen; that was all that I did that day for the Accountant General. I can speak to nothing else that day. I purchased .6,894. 11_s._ 4_d._ consols for the Accountant General, on Sat.u.r.day, at 70;" therefore the difference between 71-5/8 and 70, seems to have been occasioned by the operation I have before stated to you.

Mr. Wright is next called; he appears to have printed this affidavit by Lord Cochrane's direction, on slips for the newspapers; he says, "In a conversation with Lord Cochrane, when he was giving me directions, he said, I once saw captain De Berenger at dinner at Mr. Basil Cochrane's.

I have no reason to think that captain De Berenger is capable of so base a transaction;" giving his own name to the transaction; "but if he is, I have given the committee of the Stock Exchange the best clue to find him out;" he had given them a clue, by giving his name in the manner he has done in his affidavit; but it would have been very ineffectual if De Berenger had carried away his own person previous to that; but it was by accident that he was found at Leith.

Mr. Le Marchant is next called; there is a great deal, he says, which is no evidence against any body but the person who relates it; viz. captain De Berenger, and I do not think it at all necessary to state it; he does himself no credit, and he is a person on the statement of the letters which have been read, whom Government might do very well in letting ride at anchor here without going abroad. He says, however, "I became acquainted with captain De Berenger about eighteen months ago, our acquaintance continued until the 16th of February; from the 10th to the 16th of January he spent his evenings with me occasionally; I learnt that he was connected with Lord Cochrane and Mr. Cochrane Johnstone; he stated that he was about to go to America, under the command of Lord Cochrane; upon his mentioning this, I put the question to him, how he could possibly do it under the embarra.s.sments that he lay under, upon which he answered that all was settled on that score; this conversation pa.s.sed about the 14th of February; he said, that for the services he had rendered to Lord Cochrane and Mr. Cochrane Johnstone, whereby his lordship could realize a large sum of money, by means of the funds or stocks. His lordship was his friend, and had told him a few days before, that he had kept unknown to him till that period, a private purse for him De Berenger, he frequently mentioned particular intimacy of dining, breakfasting, and supping with his lordship; he said, in this purse he had deposited a certain per centage out of the profits which his lordship had made by his stock suggestion." This is only what De Berenger says, and the declarations of persons are evidence only against the parties themselves who make them, and do not prove the fact as against any body else. "I afterwards heard of the events of the 21st of February, and made known my suspicions, that captain De Berenger had been active in them, to captain Wright of the East India Company's service, and lieutenant Taylor of the 22d infantry;" he said the per centages were for the benefit of his (De Berenger's) ideas he had given to Lord Cochrane and Mr. Cochrane Johnstone as to stock transactions; it applied to both.

Upon his cross-examination, he says, "I have been corresponding with Lord Cochrane, I am not now a prisoner in the King's Bench, I have never had any communication with Lord Cochrane but in writing; my promotion is not suspended, I hold the situation of Secretary and Register to the Court of Antigua and Montserrat: I have been prevented from going out in consequence of being compelled to give my evidence either at this court or some other court, and only for that purpose; this is my hand-writing; most undoubtedly I must have been compelled to give this evidence upon oath if called upon in a court of justice; I do not give my evidence from resentment, or from any refusal to lend me money; I know one Palfreyman," _he_ is not called. "I am persuaded I never represented myself as having any resentment against Lord Cochrane to Mr.

Palfreyman, nor said to him, that I would be Lord Cochrane's ruin;" and it is not proved that he did. "I never told him that I would a.s.sist the Stock Exchange; I have a very slight acquaintance with Mr. Palfreyman.

The conversation with De Berenger was about the 14th of February; he mentioned to me, that he had expectations of getting some employment in America, to serve under Lord Cochrane; he particularly wished to be employed, that he might be useful in drilling the sharp-shooters, and said other things of that sort; I had a very high opinion of him, as being acquainted with the service; he was adjutant for a number of years in the Duke of c.u.mberland's sharp shooters. I do not know of his making preparation to go to America at that time, if he should be successful in procuring the appointment he was soliciting."

Upon his re-examination, he says, "The Stock Exchange applied to me to give them information, and sent me a subpoena after Lord Cochrane's publication."

The honourable Alexander Murray is called; he says, "I am not at present an officer in His Majesty's service, I am now in the King's Bench. I have been acquainted with captain De Berenger a year and a half; I was introduced to him by Mr. Tahourdin, who is my solicitor, and likewise Mr. De Berenger's; we were frequently together; when I first went over to the Rules of the Bench, I lodged with Mr. De Berenger in the same house, for about one month; towards the end of January, or beginning of February, I had a conversation with him about a pamphlet that Mr.

Harrison was writing, respecting the trial between Mr. Basil Cochrane and Mr. Harrison; Captain De Berenger was, I knew from himself, employed in planning out a small piece of ground for Mr. Cochrane Johnstone; he said that he had a plan in view, with Lord Cochrane and Mr. Cochrane Johnstone, which if it succeeded," this is what De Berenger said, "would put many thousand pounds in their pocket; I asked, is that the plan with regard to Ranelagh, which it was proposed to build on Mr. Cochrane Johnstone's land; and he said no, it is not; it is a far better plan. I knew there was a very particular intimacy between Mr. De Berenger and Mr. Cochrane Johnstone; I understood Lord Cochrane was a more recent acquaintance, but that there was some acquaintance; I understood that there was a great acquaintance between him and Mr. Cochrane Johnstone, and that he was with him almost every day."

Upon his cross examination, he says, I have known Mr. De Berenger a long while; he is a man of considerable science and attainments; he had been for a considerable time before employed in drawing plans for the Ranelagh. Mr. Cochrane Johnstone has a house in Alsop's Buildings, and about an acre of land behind it, which was to be converted into something upon the plan of the old Ranelagh. As far as I have seen, I believe Mr. De Berenger to be a man of honour and integrity; I saw nothing but the most perfect gentleman during the time I lodged under the same roof.

William Carling says, "I am servant to the Honourable Basil Cochrane.

Mr. Cochrane Johnstone and Lord Cochrane visited at my master's house, in company with Baron De Berenger, the gentleman there," pointing to him. "De Berenger came there to dine as a visitor; he was invited by my master. Lord Cochrane and Mr. Cochrane Johnstone dined there with him once, did not the second time; they appeared to be acquainted with him."

Then, on cross-examination, he is asked, when this took place, he says, "In January the first time, and the next in February. I cannot say the precise day; there was a dinner party, four or five there. Sir Alex.

Cochrane and his Lady there the first time; an indiscriminate mixture of company, De Berenger was one of them. I did not learn that Mr. De Berenger was going to serve in America."

Barnard Broochooft, Clerk to the Marshal of the King's Bench, is next called. He says, "I know Captain De Berenger. He has been a prisoner in the King's Bench prison from the latter end of the year 1812, to within a month or six weeks of the present time; he had the Rules. I missed him for some months. Mr. Cochrane, a bookseller in Fleet-street; and Mr.

Tahourdin the solicitor, were his securities for the Rules: they entered into this surety nearly two years ago. I cannot recollect seeing him on the morning of the 21st of February. The security was under .400; they generally take .100 beyond the amount of the debt and costs." So that it appears he was not very heavily charged in debt at that time; however, his debts might be, as supposed by Lord Cochrane, .8,000.

Joseph Wood, the Messenger of the Alien Office says; "I left London on the 4th of April, in order to find De Berenger. I found him at Leith, on the 8th of April; I found him in possession of a writing desk, containing papers and bank notes; before I parted with any of them I marked them before the Grand Jury; there were guineas and half guineas, and two Napoleons in the pocket book." He produced two packets, and a pocket-book containing a .50 bank note, four .5 notes, and two Napoleons in a pocket-book. He also produced a memorandum-book, and a paper of memorandums, and a road-book. A memorandum is shewn to Mr.

Lavie, which he says he believes to be Mr. De Berenger's hand writing.

Mr. Wood says, on his cross examination, "I carried the box and the papers before the Grand Jury, by orders of the Secretary of State. I was subpoenaed to bring it before the Grand Jury; the seals put on at Edinburgh, were taken off by order of the Secretary of State, before I went before the Grand Jury; it has been in my possession ever since I took it at Edinburgh. When I went to Holland, in my absence, Mr.