CHAP. XL.

REMARKS ON LORD ELLENBOROUGH’S DIRECTIONS.—PROOFS OF THIS FALLACY.—HIS

ASSUMPTION OF THINGS NOT IN EVIDENCE, AND UNWARRANTABLE

CONJECTURES, IN POSITIVE OPPOSITION TO EVIDENCE.—HIS DESIRE TO

CONVICT OBNOXIOUS PERSONS.—LEIGH HUNT, DR. WATSON, AND HONE.—LORD

ELLENBOROUGH A CABINET MINISTER AT THE TIME OF MY TRIAL.—MY

CONVICTION A MINISTERIAL NECESSITY.—VAIN ATTEMPTS TO GET MY CASE

REHEARD.—LETTER TO LORD EBRINGTON.—THE IMPROBABILITY OF MY

GUILT.—ABSURDITY OF SUCH IMPUTATION.—LETTER OF SIR ROBERT

WILSON.—LETTER OF THE LATE DUKE OF HAMILTON.—MR. HUME’S

LETTER.—CAUSES FOR MY PERSECUTION.—TREATMENT OF THE PRINCESS

CHARLOTTE, WHO FLED TO HER MOTHER’S PROTECTION.—SYMPATHY OF THE

PRINCESS FOR MY TREATMENT—MY POPULARITY INCREASED THEREBY.— MINE

REALLY A STATE PROSECUTION.—RESTORATION OF SIR ROBERT WILSON.—MY

RESTORATION INCOMPLETE TO THIS DAY.

If such evidence as has been exposed in the last chapter was unreliable,

the use made of it by the Bench was unjustifiable. Crane deposed to De

Berenger’s having with him “a portmanteau big enough to wrap a coat in.”

The person of whom the coat was bought deposed to his taking it away in

this portmanteau, yet the judge—despite the obvious consideration, that

De Berenger could not have gone to Dover in this splendid and ornamented

dress, but must have had some other dress for his journey—charged the

jury that “it did not appear that De Berenger _had the means of shifting

himself_!” He had the means of putting on the red coat at or near Dover,

and what doubt could there be that his portmanteau supplied the means of

again shifting it after his return? The evidence on the trial showed

that shortly before reaching London he _drew down_ the sun-blinds of the

chaise, when there can be no reasonable doubt that he changed it for the

green one in which he went to Dover, and which had been temporarily

placed in the portmanteau. Crane, as has been shown by his own words,

gave his evidence _under the expectation of reward_, and had no doubt

been instructed that a _red coat was the very thing wanted_.

On the evidence of this man Crane, the jury was further charged that De

Berenger not only entered my house in a red uniform, but that it was

also decorated _with a star and medal_! There was nothing in the

testimony of Crane or the waterman, which even related to a star and

medal. They never gave the slightest intimation of De Berenger’s wearing

any such ornaments; but as he appeared to have worn some ornaments of

the kind at Dover, this is _prima facie_ proof that he _had changed_ his

coat on his return, otherwise both Crane and the waterman must have seen

ornaments so conspicuous.

Still a star, like a red coat, was wanted to convict me, and a leading

question to the postboy—who admitted that, _previous_ to the trial, _he

had received 52l.!!!_ was, whether he had seen a star? His reply was

that he had seen something of the kind, but that “_he could not swear

what it was_.” He nevertheless said that he had “opened the

chaise-door,” and therefore must have been within a yard of the star, if

star there were, so that his refusal to swear to it is palpable proof

that De Berenger _wore no star on his return_, this being no doubt on

the red coat in the portmanteau. Yet, said Lord Ellenborough to the

jury, “HE PULLED OFF HIS SCARLET UNIFORM AT LORD COCHRANE’S HOUSE. HE

CAME TO LORD COCHRANE FULLY BLAZONED IN THE COSTUME OF HIS CRIME.”

(_Times’ report of the trial._)

The fact that De Berenger had with him, according to Crane’s evidence,

“a portmanteau big enough to wrap a coat in,” was not laid before the

jury, nor the obvious inference, that he must, beyond doubt, have

conveyed his scarlet coat to Dover in that portmanteau, because a man

whom the Solicitor-General said “_was no fool_,” would not have

committed such an act of folly as _prematurely_ to array himself in so

remarkable a dress, intended for so criminal a purpose.

A circumstance strongly inferential, occurred which went far to prove

that De Berenger _had changed_ his dress before coming to my house. On

the first part of the journey he was proved to have worn a sword,

unquestionably as essential to his assumed character. But before he came

to my house, he had disengaged himself from the sword, for Crane swore

that on entering, he “took out of the chaise a portmanteau and a

_sword_, and went in.” So that, according to the evidence of Crane

himself, the chief witness for the prosecution, _he had made one

material alteration in his appearance_. Why should De Berenger have worn

his sword up to the last stage from Dover, during which he “pulled down

the sunblinds,” and then have taken it off, but for the plain reason

that he could not change his scarlet coat for his green uniform without

first taking off his sword, which he had not replaced, but laid it on

the chaise-seat during the operation. Not a word of this was allowed to

go to the jury, though if—as Lord Ellenborough argued—he had been

regardless of exhibiting himself to me in the false character of a

military officer, he _would hardly have taken off his sword_! These

facts were not only proofs that a partial change of dress had been made,

but that an entire change had been effected, to which the removal of the

sword was absolutely necessary. Had my servants been called upon the

trial, their testimony, as seen in their affidavits contained in the

previous chapter, must have been decisive.

It has been stated, that at the instance of Mr. Cochrane Johnstone, Sir

Alexander Cochrane applied to the Admiralty for permission to engage De

Berenger, and the records of the Admiralty would then, as no doubt they

will now, prove the fact. There was not a word passed on the subject at

the trial, nor any witness brought from the Admiralty to decide the

point. Yet Lord Ellenborough put it to the jury as beyond doubt, _that

it was I or Mr. Cochrane Johnstone, who was also a defendant in the same

prosecution, who applied to Sir Alexander for his engagement_!—thus

making this unfounded but important fact part of his direction to the

jury. Here are the judge’s words:—

“There is no doubt that Sir Alexander Cochrane had, on some

application from Mr. Cochrane Johnstone, _or Lord Cochrane_, applied

for him.” (_Report_, p. 483.)

It is difficult to account for the judge’s motive in making such a

statement, wholly unsupported by evidence. Neither was there even an

attempt to show that I had ever interfered or even interested myself in

any application on De Berenger’s behalf. The fact of Sir Alexander

Cochrane having made the application was most important for my defence,

because it added greatly to the probability of my statement in my

affidavit, and accounted for the conduct of De Berenger in presuming to

call on me to request a passage to America. This Lord Ellenborough

completely neutralised by telling the jury that _it was I_ who applied

to Sir Alexander for his employment; the impression made on the minds of

the jury being, that notwithstanding I disclaimed all knowledge of the

man, I had been on terms of intimacy with him before the application was

made!

The judge then declared as follows:—“But it does not rest there; for he

himself lends to this person the immediate means of concealment,—he lets

him have a hat _instead of his laced cap; and what had such a cap to do

with a sharpshooter’s uniform?_” (_Report_, p. 485.) I had never said a

word about a “laced cap,” nor had I ever seen De Berenger’s cap, for, as

one of my servants testified, it lay in the hall. After this direction

to the jury and my consequent conviction, I made it my business to

ascertain what kind of cap was worn by the adjutant of Lord Yarmouth’s

rifle-_corps_, and, to my great surprise and indignation, discovered

that the regimental head-dress of De Berenger was a black cap _with a

spacious gold band upon it, a long gold tassel pendant, and a death’s

head and marrow-bones in bronze!_—so that sharpshooters _had_ something

to do with laced caps.

Still more extraordinary was the judge’s observation to the jury:—“The

uniform of the rifle-corps is of a bottle-green colour, made to resemble

the colour of trees, that those who wear it may hide themselves in

woods, and escape discovery there.” (_Report_, p. 478.) This was in

direct opposition to the evidence, for Lord Yarmouth had actually

testified in Court that the uniform of the corps was “waistcoat-green,

with _a crimson cape_!”

MR. PARK.—“What is the uniform of your _corps_?”

LORD YARMOUTH.—“The uniform is the waistcoat-green, with a _crimson

cape_.”

MR. PARK.—“A bottle-green, is it not?”

LORD YARMOUTH.—“Some have got it a little darker than others, but it

should be a deep bottle-green, with a _crimson collar_.”

I have merely taken these instances at random, and without comment

further than necessary to enable the reader to comprehend them. As my

judge is no longer here to reply to me, I abstain from comment, however

much it might tend, now that the party spirit which ruined me has died

out, to establish my innocence. Still I cannot refrain from adducing a

few extracts from Lord Campbell’s work, relative to the trials of

politically obnoxious persons.

Lord Ellenborough’s efforts to convict Leigh Hunt of libel, and the

verdict of “Not Guilty” pronounced by an indignant jury, are matters

within the memory of many now living. “Such scandal,” says Lord

Campbell, “was excited by the mode in which Government prosecutions for

libel were now instituted and conducted, that Lord Holland brought the

subject before the House of Lords. The violence of Lord Ellenborough

when opposing Lord Holland’s motion, is foreign to the subject of the

present work. Sir James Mackintosh, who heard it, expressed himself

‘disgusted with its dogmatism.’” (_Lord Campbell_, vol. iii. p. 205.)

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