The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 74

_Q._ Did you find him in possession of any writing desk?

_A._ Of this one. (_producing a portable desk_).

_Q._ Did that writing desk contain papers and bank notes?

_A._ Yes.

_Q._ Before you parted with any of those papers or bank notes did you mark them?

_A._ Yes I did.

_Q._ When did you mark them?

_A._ I marked them before the Grand Jury the day of the bill being found.

_Q._ Have they been in your possession from the day you marked them?

_A._ They have from the hour I took Mr. De Berenger.

_Q._ Were there any pieces of coin in the writing desk also?

_A._ There were guineas and half guineas, and in the pocket book there were two Napoleons. (_the witness opened the desk._)

_Q._ The bank notes are in parcels I believe?

_A._ Yes they are.

_Q._ Give me the packet with the 67.

_They were handed in._

_Mr. Gurney._ I believe it will be more clear if I do not open them now till I have proved them?

_A._ Here are two packets, and a pocket book containing a fifty pound note and four five pound notes, the Napoleons are in the pocket book.

_Q._ There is a memorandum book also and a paper of memorandums?

_A._ There are.

_The Witness delivered them in._

_Q._ There is a road book besides?

_A._ Yes there is.

_Mr. Park._ There are some papers of which I have heard no proof; there is a paper, in which it is stated there is some pencil mark, I have heard no proof of any pencil mark, or any writing; it is not evidence because it is in his pocket-book because one has many things in a pocket-book which are not in one's hand-writing.

_Mr. Gurney._ This is the writing.

_Mr. Park._ I shall not look at it; I do not know his hand-writing.

_Mr. Gurney._ Mr. Jones, I will trouble you to read the first article in that memorandum-book.

_Mr. Park._ That cannot be done.

_Mr. Gurney._ It is found in his letter-case.

_Mr. Park._ I object till his hand-writing is proved; the finding a ma.n.u.script in my possession, is not sufficient to warrant its being read as evidence against me; your Lordship might confide some paper to me, and it would be very hard to read that against me.

_Lord Ellenborough._ It is _prima facie_ evidence I think, subject to any observations you make upon it.

_Mr. Park._ It is found in that thing, not in his pocket.

_Lord Ellenborough._ (_to Wood_) Was it under his lock?

_A._ It was in his possession when I took him.

_Mr. Park._ Am I to be answerable for all manner of things sent to me by my friends?

_Lord Ellenborough._ I think a paper found under the lock and key of the party, is _prima facie_, readable against him; it is subject to observations. If you do not go further, the reading this as found in his possession, is doing little.

_Mr. Gurney._ (_to Mr. Lavie_) Do you believe that to be Mr. De Berenger's writing?

_A._ I have no doubt about it.

_Mr. Park._ Is it in pencil or ink?

_A._ In ink.

_Mr. Serjeant Best._ That cannot be evidence against the Cochranes.

_Lord Ellenborough._ No, if it was transmitted by him in writing to the others, it would be evidence against them; but it purports to be only a memorandum of his own.

_Mr. Gurney._ Certainly not, my Lord.

_The Extract was read as follows_:

"To C. I. by March 1st 1814, 350--4 to 5000--a.s.sign one share of patent and 1000 worth shares of Jn. De Beaufain at Messrs. H. to their care.--Believe from my informant 18,000 instead of 4800--suspicious that Mr. B. does not account correctly to him as well as me. Determined not to be duped. No restrictions as to secresy--requesting early answer."

_Mr. Gurney._ That is all I wish to read.

_Mr. Park._ I never heard a word of this.