The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 76

_Q._ Against the other Gentlemen?

_A._ No, I do not recollect hearing that.

_Q._ Did they not state that what they wanted was information from him to fix the guilt upon others?

_A._ Not to my recollection.

_Q._ Or any thing to that effect?

_A._ I do not recollect any thing of the kind, I did not exactly listen to the conversation.

_Q._ He was in your custody, and you in the room all the time?

_A._ Not exactly; I was there the greatest part of the time.

_Q._ Be so kind as to recollect yourself, it was only in the month of April last that this happened, many circ.u.mstances have called this to your recollection since; what was the conversation that pa.s.sed; what did they state to him as to his furnishing information?

_A._ There were some gentlemen wanted to speak to Mr. De Berenger; Mr.

Wakefield went very close to Mr. De Berenger, and I declare to you upon my oath I do not recollect any particular words.

_Q._ The substance is all I want?

_A._ I really do not recollect the substance.

_Q._ Was any thing said as to his furnishing information: recollect, that you are to tell the whole truth upon your oath, as far as you recollect it; what was said upon that subject, as far as you can recollect?

_A._ Mr. Wakefield did say something to him, but I really do not recollect.

_Q._ Was it to that effect?

_A._ Mr. Wakefield put some questions to Mr. De Berenger respecting this business, the Stock Exchange business; but the exact conversation, which I did not listen to, I cannot say.

_Q._ Respecting the other persons supposed to be concerned, was not that the effect of it?

_A._ Something to that effect I think, but I did not listen to the conversation.

_Lord Ellenborough._ What is the effect? only something about other persons, that is no effect.

_Mr. Richardson._ What was the effect of it?

_A._ Mr. Wakefield put some questions respecting the Stock Exchange, I did not attend exactly to what it was.

_Lord Ellenborough._ You had better call Mr. Wakefield, who put the questions, than he who did not hear what pa.s.sed.

_Mr. Park._ We cannot call Mr. Wakefield; he is one of the Prosecutors, he is one of the Stock Exchange.

_Lord Ellenborough._ I know nothing about Mr. Wakefield; as long as the question is sperate I am willing to hear it put, but it has been put ten times and the same answer returned.

_Mr. Richardson._ Did you hear names mentioned?

_A._ I did not.

_Q._ Did you hear them tell him, that their wish was that he should furnish information, to bring home the guilt to others?

_A._ I remember the word information, and that is all I recollect.

_Q._ That they wanted information?

_A._ That is all I recollect.

_Q._ Before this conversation took place, did not Mr. De Berenger say that he wished to be attended by Counsel, if they wished to converse with him?

_A._ Mr. De Berenger did answer something, but I cannot state what it was; I did not attend to the conversation.

_Q._ Before these Gentlemen were introduced by you to him, did he not say that he was exhausted by his journey, and unwilling to see them, unless he could have some person present?

_A._ He did; he said he was very unwell, and exhausted by his journey.

_Q._ And desired not to see them, unless some person was present with them?

_A._ Yes, I think he did say something of that kind, that he was very faint with his journey.

_Q._ But nevertheless you introduced them to him that evening?

_A._ They were in the room with him, they came into the room with him; that was at the time that Mr. Wakefield was in the room, I believe.

_Mr. Park._ That he was very unwell, and would not answer unless some person was with him?

_Lord Ellenborough._ Did he say that he was unwilling to answer, without having some friend present?

_A._ I do not recollect that; but he said he was very unwell, and exhausted with the journey.

_Mr. Park._ Nevertheless a long conversation did take place, did it?

_A._ I believe Mr. Wakefield was there about ten minutes or a quarter of an hour, not more than that.

_Re-examined by Mr. Gurney._

_Q._ Did you put your marks upon these things before you went to Holland?

_A._ Yes, I did.

_Mr. Joseph Fearn called again;_

_Examined by Mr. Gurney._

_Q._ Be so good as to look at that check dated the 10th of February 1814 [_shewing it to the Witness_] did you give that check to Mr. b.u.t.t?