The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 68

_Q._ Suspended?

_A._ It is not suspended.

_Q._ You mean to state that upon your oath?

_A._ I state that I hold the situation of Secretary and Register to the Court of Antigua and Montserrat.

_Q._ You have not been prevented from going out?

_A._ In consequence of being compelled to give my evidence either at this court or some other court.

_Q._ And not on any other account?

_A._ Not that I know of.

_Q._ You know of no other reasons why Government have prevented your going out, but that you may be kept here as a Witness?

_A._ Yes.

_Q._ You mean to state that broadly?

_A._ Precisely.

_Q._ Is that your hand writing? (_shewing a letter to the Witness_)

_A._ It is.

_Q._ Just look at these; are these your hand writing? (_shewing other letters to the Witness._)

_A._ That is not.

_Q._ That is Lord Cochrane's hand writing, is it not, you have got one in your pocket that is a copy of one that Lord Cochrane wrote to you in answer to one of your letters?

_A._ I will look at it. (_the Witness read the letter over._) This is precisely the same as one I have in my pocket.

_Q._ You have got that letter about you?

_A._ I have.

_Q._ Have you not proposed to my Lord Cochrane to lend you money, and have you not told his Lordship that if he would not----

_Mr. Bolland._ My Lord, he says he has had no communication but in writing.

_A._ I have had no communication with Lord Cochrane but in writing.

_Mr. Serjeant Best._ Would you have given this evidence if you could have obtained a loan of money from Lord Cochrane?

_A._ Most undoubtedly; I must have been compelled to do it upon oath if brought forwards in a court of justice.

_Q._ I will not have a reasoning answer, but a direct answer, and that answer I will have taken down. Would you have given this evidence here if you could have obtained a loan of money from Lord Cochrane?

_A._ If my Lord Cochrane had not called me forwards, of course I should not have given an evidence, but he has compelled me.

_Q._ That will not do, I will put the question again; I want an answer, yes, or no, to this; would you have given this evidence if you could have obtained a loan of money from Lord Cochrane?

_A._ I hardly consider that question as fair; if his Lordship says it is I will answer it.

_Lord Ellenborough._ I rather think the terms of the question embrace some communications; he says he has had no communications about a loan in any way but in writing, and I think you cannot in that way travel indirectly to the contents of a letter; if the letter says any thing about a loan of money, you may give it in evidence.

_Mr. Serjeant Best._ Will your Lordship allow me to put it in this way.

I have no right to ask the contents of any letter but with humble deference to your Lordship; I have a right to ask this man what pa.s.sed in his own mind, for it does not yet appear that he put it upon paper; if the question had been what have you written to Lord Cochrane? that would have been objectionable, but surely I have a right to ask him what is pa.s.sing in his own mind upon the subject, to know the motives from which this gentleman, of whom I shall speak by and by, comes to speak.

_Lord Ellenborough._ Do you give your evidence from resentment in consequence of having some loan refused to you?

_A._ None individually--none whatever.

_Mr. Bolland._ My Lord, I must object to my learned friend Mr. Serjeant Best getting the effect of a correspondence which was in writing.

_Lord Ellenborough._ He does not refer to it, but one cannot but be conscious after what has pa.s.sed, that all that has ever pa.s.sed about a loan has been in writing, therefore it would be the most ingenuous course to put it in.

_Serjeant Best._ I certainly mean to read this man's letters.

_Lord Ellenborough._ I asked him in the strongest manner possible, do you now give your evidence in resentment for having a loan, or any other benefit withheld from you? You may press that if you please.

_Mr. Serjeant Best._ I will put it in the way your Lordship suggests. Do you not now give your evidence in consequence of your being angry with Lord Cochrane for refusing to lend you money?

_A._ No. So help me G.o.d.

_Q._ Now take care. Do you know a gentlemen of the name of Palfreyman?

_A._ I have met him twice, I think, within this fortnight past.

_Q._ You have no resentment against Lord Cochrane whatever I understand you?

_A._ None whatever.

_Q._ You have never so expressed yourself to Mr. Palfreyman?

_A._ I am persuaded I never have.

_Q._ You never have told Mr. Palfreyman then that you would be his ruin?

_A._ Never.

_Q._ Nothing like that?

_A._ Never.

_Q._ That you would a.s.sist the Stock Exchange?