The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 92

"My Lord,

"I had the honor yesterday to address your lordship, for the sole purpose of giving you that information you are not aware of; and knowing my letter was delivered (your lordship being at home when it was presented at the door), I beg to say, that I am now justified, from your silent contempt and defiance thereof, _to make my information public_; and which I should not have done before consulting you on that head, my sole wish being to state facts, and not to be considered acting underhand. As I feel exonerated from the last charge, and being in a certain degree called on to give my evidence relative to 21st February last; and as the rank I hold in society will _give weight_ to my _testimony, with the witnesses_ I shall bring forward on the occasion, I feel justified in the steps I am about to take, nor can your Lordship blame me in so doing, understanding the business in question will be brought before Parliament on a future day. I am sorry to have intruded myself on your Lordship's notice, by addressing you yesterday; but, to be correct, I thought it my duty to inform you by this, what have been and are my intentions.

I have the honour to be, my Lord, your Lordship's most obedient humble servant, _J. Le Marchant_."

Rt. Hon. Lord Cochrane, M.P.

&c. &c. &c.

No. 13. Green-street, Grosvenor-square.

"13, Green-street, April 8th, 1814.

"Sir,

"I should have hoped, circ.u.mstanced as I am, and attacked by scoundrels of all descriptions, that a gentleman of your understanding might have discovered some better reason than that of "silent contempt," to account for the delay of a few hours in answering a note; the more particularly as your note of the 6th led me to conclude, that the information offered to me was meant as a mark of civility and attention, and was not on a subject in which you felt any personal interest.

I am, Sir, your obedient servant, _Cochrane_."

Colonel Le Marchant, Glocester Hotel.

"Glo'ster Hotel, Piccadilly, "8th April 1814.

"My Lord,

"I ask your Lordship's pardon for my letter of yesterday, and which was written under the supposition of being treated with silent contempt. To convince you of the high respect I have for your Lordship, I have the honor to enclose to you a statement of what I know relative to the 21st February; and I also now declare solemnly, that no power or consideration shall ever induce me to come forwards as an evidence against you, and that all I know on the subject shall be buried for ever in oblivion. Thus much I hope will convince you I am more your friend than an enemy; as my testimony, corroborated by the two officers, would be of great import, not (believe me) that I myself doubt in any wise your Lordship's affidavit, but De Berenger's conversation with me would to your enemies be positive proof; as for my part, I now consider _all that man told me to be diabolically false_. If my conduct meets your approbation, can I ask for a reciprocal favour, as a temporary _loan_, on _security_ being given.--I am just appointed to a situation of about .1,200 a year, but for the moment am in the greatest distress, with a large family; you _can_ without risk, and have the _means_ to relieve us, and I believe, the _will_ of doing good. Necessity has driven me to ask your Lordship this favour. Whether granted or not, be a.s.sured of my keeping my oath now pledged, of secrecy; and that I am with the greatest respect,

My Lord, your Lordship's most obedient, humble servant, _Js Le Marchant_."

Right Hon. Lord Cochrane, &c. &c. &c.

_Js Le Marchant's_ Statement and Conversation with _R. de Berenger_.

"I became intimately acquainted with De Berenger about eighteen months ago, and have continued so till a few days prior to the hoax of 21st February last. He was in the habit of calling on me at the Glo'ster Coffee House, Piccadilly; and did so frequently, between the 10th and 16th of last February.

He generally called late in the evening, saying he had dined with Lord Cochrane: Once he called about noon, stating he had breakfasted with his Lordship, had been with him on particular business, and was to return to dinner: he mentioned being very intimate with Lord Cochrane and the Hon. C. Johnstone; that they were kind friends to him, with whom he frequently dined.

In his apartments, in the rules of the King's Bench, he shewed me the devices he was drawing for Lord Cochrane's lamp invention. The last time he called upon me, it was very late; he appeared elated somewhat by drinking, having (as he said) dined with his Lordship; and in consequence of there being company, he could not then shew Lord Cochrane a copy of a memorial he had written to the Duke of York, praying to be given field officer's rank, and to be appointed to be sent out under Lord Cochrane, for the purpose of instructing the marines in rifle exercise; that his Lordship was very anxious to have him on board of his ship; that he objected going, unless with field-officer's rank, hoping to procure a majority; and that Lord Cochrane had said he would try and get him a lieutenant-colonelcy. De Berenger shewed me his memorial to the Duke, the head of which not being in propria forma, I corrected; it was very long, and related to the losses his family had sustained as American loyalists; also on the cause of his first coming over to England. On my asking him, if the Duke of York was to appoint him, how he could extricate himself out of his difficulties and leave the Bench, he answered, '_All was settled on that score; that in consequence of the services he had rendered Lord Cochrane and Mr. C.

Johnstone, in devising, whereby they had and could realize large sums by means of the funds or stocks, Lord Cochrane was his friend, and had told him a day or two ago, that for those services his Lordship had, unknown to him (De Berenger) kept a private purse for him, placing therein a certain per-centage on the profits Lord Cochrane had gained through his stock suggestions; and that now this purse had acc.u.mulated to an amount adequate almost to liberate him from the Bench._' When he said this, he appeared overjoyed, and said it in such a manner as to make me credit him. He remained with me this said evening, drinking hollands and water, till near two o'clock in the morning. On his leaving me, I thought of the conversation, especially that part which related to the funds, and conceived, from the numerous stock-jobbing reports, whereby the funds raised or were depressed, that he must have been deeply concerned in it. A few days after the 21st of February, it was whispered that Lord Cochrane was concerned in the hoax. Immediately, De Berenger's former conversation with me forcibly occurred to my mind, and I then mentioned to two friends, with whom I was in company, (_and this prior to Lord Cochrane's affidavit, or De Berenger's name being mentioned_), that I would lay my existence De Berenger was the sham Colonel De Bourg, and I stated my reasons for supposing so.

Recollecting myself afterwards, I made them, as officers, pledge their oath and word of honour, that what I had said on the subject they would never repeat, or even hint at; and I am most fully persuaded they have not. The same day, but prior to the conversation above mentioned, the hoax being the topick in the coffee-room, I said, I thought I knew more than any one relative thereto, except the parties concerned, but I never mentioned any name whatever; yet some days after, I received two anonymous twopenny-post letters, recommending my giving up my information, either to Ministers or the Members of the Stock Exchange Committee; that I might depend on their secrecy, and an ample reward, in proportion to my report: of course these letters were left unnoticed. As soon as I suspected De Berenger to be Colonel De Bourg, I called twice on him, but could not get admittance; I also gave one of the officers above alluded to, a letter of introduction to De Berenger, for him to gain information on the rifle manoeuvres: he called; was not admitted; left the letter; and, as well as myself, has heard nothing since of De Berenger.

"To the whole of this I can solemnly make oath; and I am sure I can bring the two officers in question to swear to what I said to them, and _the time when_, although I have never since spoken to them on that subject.

_Js Le Marchant._"

_The Right Honourable Lord Viscount Melville sworn._

_Examined by Mr. Scarlett._

_Q._ Your lordship is acquainted, I believe, with Admiral Sir Alexander Cochrane?

_A._ I am.

_Q._ I believe that Sir Alexander Cochrane has been lately appointed upon a distant service?

_A._ He has.

_Q._ Does your lordship recollect any application made to you by Sir Alexander Cochrane, on behalf of Mr. De Berenger?

_A._ I recollect Sir Alexander Cochrane, several times, more than once I am certain, applying to me, that Mr. De Berenger might be allowed to accompany him in his command, to remain with him on the North American station, to which he was appointed.

_Q._ Does your lordship recollect about what time those applications were made?

_A._ I do not recollect as to the precise time, but it was a short time before Sir Alexander Cochrane sailed upon his command.

_Q._ Does your lordship recollect about what time Sir Alexander Cochrane sailed?

_A._ I think I should say about five or six months ago; but I am not at all positive.

_Q._ Does your lordship recollect the particular service that Sir Alexander Cochrane recommended the gentleman for?

_A._ Sir Alexander Cochrane was desirous that this gentleman should accompany him, for the purpose of instructing, either a corps to be raised in that part of the world, or the royal marines, in the rifle exercise; and afterwards, when Sir Alexander Cochrane wished that an officer of engineers should accompany him, and when I stated my knowledge, from other circ.u.mstances connected with His Majesty's service, that it would be difficult to give him that a.s.sistance, from the small number of engineer officers that could be procured, Sir Alexander Cochrane mentioned, that as an engineer officer, he would be quite satisfied with Mr. De Berenger.

_Q._ Does your lordship recollect, whether any particular rank was necessary or usual to accompany such an appointment, or whether it was solicited by Sir Alexander Cochrane?

_A._ I think there was, but I am not positive; I recollect perfectly explaining to Sir Alexander Cochrane, that as far as related to His Majesty's naval service, I could not agree to the appointment; and I recommended to Sir Alexander Cochrane to apply to the Secretary of State, or the Commander in Chief, stating, that if they agreed to it, I should have no objection to Baron De Berenger's accompanying Sir Alexander Cochrane.

_Q._ Was Lord Cochrane appointed to a vessel to join Sir Alexander Cochrane afterwards?

_A._ He was.

_Q._ The Tonnant?

_A._ Yes; I think he was appointed before Sir Alexander Cochrane sailed; but of that I am not positive.

_Q._ Before Sir Alexander sailed to join him upon that station?

_A._ Yes; I am not quite positive about that, but it was very nearly about that time.

_Mr. Park._ I had my Lord Melville as a witness in my brief, not knowing that my friend would call him; I should have called his lordship to these facts, if my friend had not.

_Lord Ellenborough._ Your lordship has no personal knowledge of Mr. De Berenger?

_A._ No.

_Colonel Torrens sworn._

_Examined by Mr. Brougham._