The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 19

_Lord Ellenborough._ There is no doubt that every Defendant has a right to give evidence in his turn, but at present we are upon the case of the prosecution.

_Mr. Park._ Have you not shewn that Letter to various other persons in order to procure their testimony to the hand writing?

_A._ No, I have not.

_Q._ You have not attempted it?

_A._ I was always conscious that I should be able to prove the Letter, but this morning finding Mr. Wright was not come up, I asked them if they had any body at hand that could prove it, so as to avoid being called myself; but I believe I must be called at last to the examination of the papers, so that it is not so important my being called sooner or later.

_Q._ Have you attempted to get other evidence?

_A._ I have not.

_Q._ Was Mr. Stevens applied to?

_A._ Before the Grand Jury, Mr. Stevens was not only applied to, but attended.--Mr. Lees also, of the Bank of England had ascertained before I had any thing to do with the business----

_Mr. Park._ That is not my question.

_Lord Ellenborough._ Put your question distinctly.

_Mr. Park._ I ask whether Mr. Lavie had not applied to various persons to swear to De Berenger's hand writing, and finding that they would not swear to it, then he determined to swear to it himself?

_A._ No, I have not.

_Mr. Gurney._ You say you did apply to Mr. Lees of the Bank, and Mr.

Stevens?

_A._ Yes.

_Q._ Mr. Lees is the Inspector at the Bank?

_A._ He is.

_The Letter was read as follows:_

Dover, one o'clock, A. M. Feb. 21st, 1814.

Sir,

I have the honour to acquaint you, that the L'Aigle from Calais, Pierre Duquin, Master, has this moment landed me near Dover, to proceed to the capital with Dispatches of the happiest nature. I have pledged my honour that no harm shall come to the crew of L'Aigle; even with a Flag of truce they immediately stood for Sea. Should they be taken, I have to entreat you immediately to liberate them; my anxiety will not allow me to say more for your gratification, than that the Allies obtained a final victory, that Bonaparte was overtaken by a party of Sachen's Cossacks, who immediately slaid him, and divided his body between them; General Platoff saved Paris from being reduced to ashes, the Allied Sovereigns are there, and the White c.o.c.kade is universal, an immediate Peace is certain.--In the utmost haste I entreat your consideration, and I have the honour to be,

Sir, Your most obedient, humble Servant, R. Du BOURG, Lt. Col. & Aid de Camp to Lord Cathcart.

To the Honourable T. Foley Port Admiral, Deal, &c. &c. &c. &c.

_Mr. Serjeant Best._ Your Lordship will allow me to explain. I did not ask these questions of Mr. Lavie, with a view to offer hand writing against hand writing, but to prove these Papers that I mean to offer in evidence.

_Lord Ellenborough._ They should be proved in your case; I know by mutual consent they are sometimes proved by a Witness for the Prosecution, and I did not interfere in the first instance, but when I saw it multiplying, I thought it necessary to interfere.

_Thomas Dennis Sworn._

_Examined by Mr. Adolphus._

_Q._ Are you the driver of a post chaise in the service of Mr. Wright, at the Ship at Dover?

_A._ Yes.

_Q._ Early in the morning of the 21st of February, do you remember taking a fare from thence?

_A._ Yes, I drove the chaise.

_Q._ With how many horses?

_A._ Four.

_Q._ Where did you drive it to?

_A._ To Canterbury.

_Q._ To what Inn?

_A._ To the Fountain.

_Q._ What sort of person was it that you drove?

_A._ I cannot say.

_Q._ Was it one person, or more than one?

_A._ Only one.

_Q._ A man or a woman?

_A._ A man.

_Q._ Was it dark?

_A._ Yes.

_Q._ Could you see how he was dressed?

_A._ No.