CHAP. XXXIX.

ADMIRALTY INFLUENCE AGAINST ME.—APPOINTMENT OF MR. LAVIE AS

PROSECUTOR.—THE TRIAL.—CRANE, THE HACKNEY COACHMAN.—INDECISION OF

HIS EVIDENCE.—LORD ELLENBOROUGH’S CHARGE, AND UNJUSTIFIABLE

ASSUMPTIONS.—REPORT OF THE TRIAL FALSIFIED; OR, RATHER, MADE UP FOR

THE OCCASION.—EVIDENCE, HOW GOT UP.—PROVED TO BE POSITIVE

PERJURY.—THIS CONFIRMED BY SUBSEQUENT AFFIDAVITS OF RESPECTABLE

TRADESMEN.—ANOTHER CHARGE IN STORE FOR ME, HAD NOT THIS

SUCCEEDED.—THE CHIEF WITNESS’S CONVICTION.—HIS SUBSEQUENT

TRANSPORTATION AND LIBERATION.—AFFIDAVITS OF MY SERVANTS, THOMAS

DEWMAN, MARY TURPIN, AND SARAH BUST.—MY SECOND AFFIDAVIT.—APPEAL

FROM MY CONVICTION REFUSED.—EXPULSION FROM THE HOUSE.—MINORITY IN MY

FAVOUR.

Had I been aware of a very curious coincidence connected with the trial

which followed, my confidence, arising from consciousness of innocence,

would have vanished in an instant; so that instead of indifference about

the result, I should have seen the necessity of meeting every accusation

with the most deliberate caution, supporting the same by every

attainable evidence, in place of no evidence at all.

The fact alluded to is this—that the same Mr. Lavie who had displayed so

much tact on Lord Gambier’s court-martial _was selected as solicitor to

the prosecution in the present case_, to the exclusion of the appointed

solicitor to the Committee of the Stock Exchange! The fact was

significant, as affording additional suspicion that an influence other

and higher than that of the Committee was at work.

As in various publications connected with Lord Gambier’s trial I had

spoken very freely of Mr. Lavie as regarded the fabricated charts,

exposed at the commencement of this volume, there could be no doubt of

his not unreasonable personal animosity towards myself. But when, _after

the trial_, I became for the first time aware that he had been employed

to conduct it, the enigma was solved as to how I, from having

voluntarily given the only information upon which the case could have

originated at all, came to be mixed up in one common accusation with a

number of persons, of most of whose very names I had never before heard.

More than this, it then became but too apparent that from the selection

of Mr. Lavie as prosecuting attorney, I was not so much the subject of a

Stock Exchange prosecution as of the political vindictiveness of which I

have spoken, and which had gone out of the usual course to secure his

services. That there was collusion between a high official at the

Admiralty and the Committee of the Stock Exchange on this point, I do

not hesitate for one moment to assert; nor do I think, from previous

revelations in this work, that many of my readers will be inclined to

differ with me.

I will not, however, dwell upon this matter. Whoever selected Mr. Lavie

had a perfect right so to do, as Mr. Lavie had to accept the conduct of

the case; the result of which is attributable to my being so satisfied

of my own innocence as to decide that an accusation which so little

concerned me ought not to take me from the more important duties in

which I was employed. Had I been aware at the time of Mr. Lavie’s

appointment, I should have known its meaning, and prepared accordingly.

The principal circumstance which was held to have implicated me in the

hoax practised on the Stock Exchange was this:—That (as gathered from my

own voluntary information) De Berenger came to my house on the 21st

February; but that instead of being dressed in a green uniform, as set

forth in my affidavit, he was in scarlet uniform, that being the alleged

costume in which he had disseminated the false intelligence at Dover. If

this point could be proved, it was inferred that I must have had a

motive in wrongly describing the uniform in my affidavit, and that

motive could be none other than my own knowledge of the hoax which had

been perpetrated. How this inference was arrived at will appear in the

sequel.

The main question relied on by the prosecution related to the colour of

De Berenger’s coat, whether _scarlet_ or _green_: the point held by the

Court being, that if _scarlet_, I must have made a false declaration in

my affidavit as to its colour, and therefore must have at least known

how De Berenger had been engaged. A _non sequitur_ truly, but

nevertheless the one relied on for my conviction as one of the

conspirators.

The evidence was this—that when De Berenger arrived from Dover at the

Marsh Gate, Lambeth, he exchanged the post-chaise in which he had been

travelling for a hackney coach, in which he drove to my house,—which was

true enough. The waterman on the stand was called as the first link in

the chain; but as he said “he did not see that he could recollect De

Berenger, having only seen him for half a minute,” (_Report_, p. 120,)

this evidence is not worth commenting on, unless to remark that, failing

to recognise De Berenger in court, the extraordinary course was taken of

pointing him out, and then asking the witness if “he _thought_ he _was

like_ the man who got into the coach?” The reply was “he _thought_ he

was, but he only saw him for half a minute.”—(_Ibid._)

The next witness brought forward was a man named Crane—the hackney

coachman who drove De Berenger. In his examination, Crane did not say a

word about the colour of De Berenger’s coat, but in his

cross-examination swore that he had on a “red coat underneath his great

coat” (_Report_, p. 124). At the same time he stated that De Berenger

had with him “_a portmanteau big enough to wrap a coat in_.” Other

witnesses proved that he had drawn down the sun blinds in the vehicle,

so that he had abundant opportunity to exchange his red coat in which he

appeared at Dover, for the green sharpshooter’s uniform, and this no

doubt he had done. The person of whom the red uniform had been purchased

also deposed, that he had carried it away from his shop in a

portmanteau, so that there was no doubt of the capacity of the latter to

contain the coat. In short, he left London in the uniform of the rifles,

and put on the scarlet uniform at Dover, to assume the pretended rank of

a staff officer. On his return to London he in like manner, no doubt,

changed his uniform by the way.

It has been shown that the waterman who opened the coach-door for De

Berenger refused to identify him, but swore that the person alluded to

had a red coat beneath his military coat. It is also remarkable that the

hackney coachman, Crane, could not be got to identify him, though, like

the waterman, he swore to the red coat. The subjoined is Crane’s

evidence on the subject:—

MR. ADOLPHUS.—“Have you seen that person since that you drove that

morning?”

CRANE.—“Yes; I saw him in King Street, Westminster.” (At the

messenger’s house, where Crane was taken by Mr. Lavie for the purpose

of being identified by this witness.)

MR. ADOLPHUS.—“Do you see him in court?”

CRANE.—“I _think_ this is the gentleman here.”

MR. ADOLPHUS.—“Were you of the same opinion when you saw him in King

Street?”

CRANE.—“When I came down stairs he looked very hard at me.”

MR. ADOLPHUS.—“Did you know him then?”

CRANE.—“Yes: it was _something of the same appearance_, but he had

altered himself very much by his dress.”

MR. RICHARDSON.—“He was pointed out there as being the person in

custody?”

CRANE.—“No: I walked down stairs, and met the gentleman coming up

stairs.”

MR. RICHARDSON.—“You thought you saw a resemblance?”

CRANE.—“Yes, I thought he was _something like_ the same gentleman that

I had carried.”

MR. RICHARDSON.—“You do not pretend to recollect every person you

carry in your hackney coach every day?”

CRANE.—“_No_, but this gentleman that I took from a post chaise and

four: when he got out at Green Street, I saw that he had a red coat

underneath his great coat.”

Thus, neither the waterman nor the hackney coachman would swear to _the

man_, but to a red coat only. I have no hesitation in saying, that in a

court of justice in the present day no weight whatever would have been

attached to such evidence. I will, however, assume that the evidence was

such as to carry weight, and that it was in every respect

unexceptionable, because I shall shortly come to the reason why they

swore to the coat, but not to the man who wore it.

The case against me then stood thus. _One_ witness (the waterman), but

no more, swore to the under coat of a person whom he had seen step from

one vehicle into another; and _one_ witness, but no more (the hackney

coachman) swore to the person whom he brought to my house, as having on

a red coat beneath his military coat, but would not swear positively to

the wearer. It was, however, to support this extraordinary evidence that

my voluntary declaration in my affidavit, of lending De Berenger an old

hat and coat, because he alleged that he could not return to his

lodgings in the King’s Bench in uniform, without exciting suspicion of

his absence from the rules, and thus endangering his securities—was

charged against me as involving confederacy.

On the evidence here adduced—and there was not a tittle beyond it, on

the subject of the coat—the point was held by Lord Ellenborough to be

established that De Berenger stripped off the red coat in my house! and

as it was afterwards found in the river, his lordship charged the jury

in a way which bore the construction of my having been also a

participator in _that act_, though there was not a particle of evidence

on the trial which could give even the shadow of such a conclusion, nor

was there even a pretence on the part of the prosecution that such was

the case. His Lordship’s address to the jury on this head is amongst the

most remarkable that ever fell from the lips of an English judge.

“Now, gentlemen, he (_De Berenger_) is brought to the house of Lord

Cochrane; _further evidence afterwards arises upon the subject of his

being there_. We will at present follow the dress to its conclusion.

George Odell, a fisherman, says, ‘In the month of March, just above

Old Swan Stairs, off against the Iron Wharfs, when I was dredging for

coals, I picked up a bundle which was tied with either a piece of

chimney line or window line in the cover of a chair bottom; there were

two slips of a coat, embroidery, a star, and a piece of silver, with

two figures upon it; it had been sunk with three pieces of lead and

some bits of coal; I gave that which I found to Mr. Wade, the

Secretary of the Stock Exchange; it was picked up on the Wednesday,

and carried there on the Saturday. I picked this up on the 24th of

March.’ _You have before had the animal hunted home, and now you have

his skin_, found and produced as it was taken out of the river, cut to

pieces; the sinking it could have been with no other view than that of

suppressing _this piece of evidence_, and preventing the discovery

which it might otherwise occasion; this makes it the more material to

attend _to the stripping off the clothes which took place in Lord

Cochrane’s house_.”—(_Report_, p. 478.)

That this unwarrantable assumption, based on no evidence whatever, of De

Berenger’s stripping off his clothes at my house, could have anything to

do with a coat found in the river, was positively absurd, and was not

supported by a particle of evidence. Besides which, I had some

reputation for shrewdness, and should not have been likely to tie up the

coat “in an old chair cover, with three pieces of lead and some lumps of

coal!” when the winter’s fire in my grate would in five minutes have

destroyed the coat and its evidence together, had it been “stripped off”

in my house, or had I been a party to its destruction. The position in

which the coat was found, showed where it came from, viz. from the

Southwark side of the river, where De Berenger’s lodgings were.

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