SUMMING UP.

Lord ELLENBOROUGH.

Gentlemen of the Jury,

You are now come to that period of the case in which your most important

duty is to be discharged, as it respects the individuals who are the

object of this indictment, and the public, whose interests are to be

protected by the justice you are called upon to administer.

This is an indictment for an offence of great malignity and mischief; it

is for the offence of conspiracy, which is charged to have been

committed by the eight persons whose names are upon this indictment; and

it is for you to consider upon the statement of the evidence I shall

make to you, how far that offence is brought home to all or any of these

Defendants.

The offence of conspiracy, gentlemen, is an offence consisting in a

wicked concert, contrivance, and combination of individuals, to effect

some public or private injury or mischief; that contrivance and that

combination is not to be collected, nor is it practicable, in the course

of human affairs, to collect it from the mouths of the parties assembled

for the purpose of communication, but from the actings and conduct of

the several parties as they may appear generally, to conspire and

conduce to the same wicked end and purpose; and if it appears to you,

from the actings and conduct of these parties, that they entertained the

same common purpose of mischief, and that they have by their several

actings combined and co-operated to the effecting that same wicked

purpose, that is sufficient to bring home the imputation of the crime

charged against the parties; therefore the prosecutor need not shew that

they have met in common council, or even that they have seen one another

before, if their acting shews they were influenced by one common purpose

of mischief, and aimed at the production of the same malignant end and

effect. Suppose persons jointly charged in an indictment with the

breaking of an house, are found on different sides of the same house,

besetting and endeavouring to enter it at the same time; you need not

shew that they had actually met, and previously contrived the plan of

this joint robbery; the unity of their conduct proves their joint

contrivance and concert to accomplish the same end; though, indeed, this

is a case where personal presence at the acts done, renders all

intendment of the personal concert of the actors unnecessary. The same

rules which apply to the offence of conspiracy as a misdemeanor, apply

equally to all crimes committed by concert up to the crime of high

treason, which is often established by evidence of the distinct actings

of separate parties breathing the same purpose, and immediately

conducing to the same end. The question, therefore, for you to consider

upon the evidence (which I am sorry it will be necessary for me to state

to you at a greater length, than, with regard to your ease and

convenience, I could have wished) will be, whether the case is not

brought home by satisfactory evidence to a great number, if not to all

the Defendants.

The crime charged upon this indictment, in eight different charges or

counts, is that of conspiring to raise the price of the public funds; in

some of them it is charged to be with a view to corrupt gain upon the

part of these persons or some of them, or at least to the _prejudice_ of

other _individuals_; for that is enough to constitute the offence, even

if the individuals engaged in this conspiracy had not (as it is imputed

to them that they had) any corrupt motive of personal advantage to all

or any of themselves to answer; if the criminal artifice operated, or

was in all probability likely to operate to the prejudice of the public,

and was clearly so intended, we need not go further; when we know that a

great amount in the funds is at certain periods bought for the public or

large classes of individuals; and you find by the testimony of Mr.

Steers, that on this very day the sum of £.15,957. 10. 8. was bought for

the Accountant General, which would have been bought for less; and every

person for whose use the Accountant General purchased, having to acquire

by means of such purchase shares in the public securities, would of

course have so much the less stock for his money, on account of this

fraud, and would consequently receive a great pecuniary injury thereby;

and no doubt, multitudes of persons besides those immediately alluded

to, and whose cases are not brought individually under your view, must

have been affected by it; for the dealings in the funds are, we know,

every day carried on to a vast amount, and every person dealing on that

particular day, as a purchaser, was prejudiced by the practices by which

a false elevation of the funds was on that day occasioned.

Of the counts, one or two, I think, are not counts on which, properly,

your verdict can be founded, because they state, that every one of these

Defendants knew that a gain was to be acquired by Mr. Cochrane

Johnstone, Lord Cochrane, and Mr. Butt; and it does not appear, with

sufficient certainty, that they knew the relation in which these three

persons stood to the funds, or their interest and speculations therein;

I mean, that such persons as M'Rae, Holloway, and so on, might not know

the precise situation in which the three stood; but if they all

co-operated to the same end, and the Northfleet imposition, as I may

call it, was intended to be auxiliary to the imposition intended to be

effected by the way of Dover, and the parties knew that they were

acting in the same fraud, and were respectively conscious instruments in

producing the same effect, they are all guilty of the same conspiracy;

and it has been admitted, by a learned counsel for some of the

Defendants, that his clients, Holloway, Lyte, and Sandom, have been

concerned in a conspiracy; but, he says, that the conspiracy in which

they were concerned, was another and a different conspiracy, from the

one in which the three first-mentioned of the Defendants were engaged;

and that you cannot unite the two conspiracies together, and convict

them all as guilty of one entire individual conspiracy; and it will be

one material point for your consideration, whether, under the

circumstances which have appeared in evidence, it is made out to your

satisfaction, that they were all conspiring to effectuate the same

purpose, pursuing similar, and with almost a servile imitation and

resemblance, the same means, at the same time, in the accomplishment of

the same end.

Now how has it been done? in both instances, by the adoption of

disguises. Of what nature are the disguises? in both instances, military

disguises; one, indeed, has gold lace round the cape, and the other has

embroidery. Sarah Alexander says, those procured by M'Rae, were officers

coats, with flowers of worsted, and that the hats were embroidered, the

one having a brass plate, and a gold tassel, instead of the sort of

ornaments that the superior actor in this conspiracy (if such you shall

be of opinion he was) had. One was decorated with a star, and that

silver ornament that you have seen; the other was in rather a plainer

dress; but there was in each case the assumption of the character of

officers; and the communication of false intelligence respecting the

good news which was to accelerate peace, was common to both parts of the

scheme. You will consider, upon the whole of the evidence, whether there

is not a link or connection, between the upper and under plot, through

the means of M'Rae, and perhaps of Mr. Cochrane Johnstone, and, whether

the two conspiracies are not united through the means of that person,

M'Rae; his conduct itself is extraordinary; by a most remarkable offer,

on the part of Mr. Cochrane Johnstone, it is proposed that there should

be the sum of £.10,000 given to this man; a man in a low and ordinary

and desperate situation; and it is stated, that Lord Cochrane, Mr.

Cochrane Johnstone, and Mr. Butt, would give £.3,000 among them. Why

should they give that? If, indeed, they could thereby mislead and draw

away the public attention, and divert it to the pursuit and hunting down

of M'Rae, as the sole artificer and perpetrator of the fraud, and could

thereby turn aside observation and suspicion from themselves (supposing

them to be properly charged with this offence), £.3,000 would be well

paid, and cheaply employed for such a purpose. It is for you to say,

whether these letters which have been read to you, do not appear

pregnant of this contrivance and device on the part of the writer.

The first question, gentlemen, will be, was the Defendant, De Berenger,

the man who was found at Dover, about one o'clock on the morning of

Monday the 21st of February, and who proceeded through the several

stages to London, and ultimately to the mansion of Lord Cochrane

himself, and was there received with that dress, whatever it was, that

he wore; but the dress he wore, is proved by so many witnesses, that I

will not fatigue you with stating it now, because I must, by and by,

state the whole of the evidence to you.

A great deal of observation has been made about the character of

hand-writing, of what I call the Dover letter--the letter sent to

Admiral Foley; the object of sending it to him cannot be doubtful, for

it was intended that the Port Admiral should (as he would if he had

believed the report) communicate that intelligence to Government, and

which, if the day had been tolerably clear, might by telegraph have

reached this town in much less than half an hour, I believe in a quarter

of an hour; and having been sent off at this very early hour to Admiral

Foley, who was called out of bed to receive it, it would have been in

town early, and the stocks would have been up at the very moment, when

under the peremptory order before given, £.50,000 would have been sold,

as well as every other part of the stock, standing in the names of the

Defendants.

Gentlemen, there has been great stress laid upon this letter, and

whether it be or be not the hand-writing of De Berenger, I will not (for

it is not my province) draw the conclusion which might be drawn from

looking at that letter; it appears to me evidently an artificial,

upright, stiff hand, as contrasted with the ordinary natural character

of hand-writing of that gentleman. It is sometimes useful to look where

the same words occur in different parts of the same letter; and when you

come to look at the words, "I have the honour to be," in one part of the

letter, and the words "have pledged my honour," &c. in the other; they

present in the first instance, a more angular formation of letters than

I have generally seen, and with reference to the idea thrown out of this

being written in great haste, it is not impossible that this gentleman

having meditated the whole contrivance before-hand, should have brought

this letter down with him, ready written and directed from town, and

that he had called for pen and ink merely to go through the appearance

of writing a letter, and which he might fold up as if for the purpose of

being sent; but that he might hand over to Wright, of Dover, the letter

he had brought with him, not trusting to the hurry of the moment for the

proper formation of one. I do not say that such is the fact; but it is

clear that the letter produced, is the one he actually sent; for he says

afterwards to the witness, Shilling, that he had sent a letter to

Admiral Foley, in order to apprize him that the telegraph might work;

the Dover express-boy proves that he carried the letter given to him, to

Admiral Foley, and what letter can that be, if it is not this, which is

proved to have been delivered to Admiral Foley? This letter was

calculated to impress the Admiral with the belief, that the allies had

obtained a decisive victory, that Bonaparte was killed, that the allies

were in Paris, and that peace was likely to take place immediately.

After the calamity of the long war we have had, ending as indeed it has

ended, in the fulness of glory; we all feel that we have had an abundant

measure of glory, though painfully earned; every body recollects the

sort of electric effect produced upon this town the moment the news now

under consideration arrived; the funds were raised preternaturally; one

cannot indeed on looking back, account for it, how the omnium should

have been up to twenty-eight at that time; there was a considerable

elevation beyond that price during the course of that day; it rose to

thirty and a fraction.

Gentlemen, the prosecutors allege that the Defendant, De Berenger,

having forwarded this letter, pursued his course, coming to town in the

manner stated, and that he ultimately came to Lord Cochrane's house,

upon which I shall hereafter comment. You will not, I think, have any

doubt that De Berenger was the man who appeared under the name of Du

Bourg; but in order to obviate or remove that impression from your

minds, the learned counsel for the Defendant, De Berenger, did adventure

or rather was forced upon an attempt, which I own it seemed to me to

require the utmost firmness to attempt to execute; for there never was

evidence given since I have been present in a court of justice, which

carried to my mind such entire conviction of the truth and authenticity

of that part of the story; you were yourselves witnesses to the manner

in which the witnesses, who spoke to the person of De Berenger, were

put upon the investigation; they were told to look round the court, and

they accordingly threw their eyes about the court in every direction,

before they found the person whom they said they had so taken notice of;

you saw them look behind them, look down, and on every side of them, and

then suddenly, as if they were struck by a sort of electricity,

conviction flashed upon their minds the instant their eyes glanced upon

him; this occurred in every instance I think but one, where the witness

not having his eyes conducted that way, did not discover him. The

learned counsel having such abundance of proof on this head, did not

resort to a means usually adopted on occasions of this sort, and to

which it is perfectly allowable to resort, namely, that of shewing the

person to the witness, and asking him whether such person was the man;

when a man stands for his life at the bar of the Old Bailey, the witness

is frequently bid to look at the prisoner at the bar, and to say whether

he remembers him, and whether he is the person, or one of the persons

(as the case may be) who robbed him; and he pronounces whether according

to his recollection, he is the person or not. So multiplied a quantity

of testimony, so clear, and so consistent, was, I think hardly ever

presented in the course of any criminal trial; differing in no

circumstance respecting his person and dress, excepting in some trifles,

which amidst the general accordance of all material circumstances,

rather confirmed by this minute diversity, than weakened, the general

credit of the whole, and gave it the advantage which belongs to an

artless and unartificial tale. Some saying his cap was a little flat, as

it might be owing to its being drawn over his face; one saying that it

was brown; another I think, that it was of a fawn colour; and one who

spoke with the utmost certainty in other particulars, that it was nearly

the colour of his pepper and salt great coat; but in all the other

substantial particulars, they concur in their accounts most exactly; and

these minute variances exclude the idea of any uniform contrivance and

design in the variation; for where it is an artificial and prepared

story, the parties agree in the minutest facts, as well as the most

important; and indeed, gentlemen, so abundant, so uniform, and so

powerful is the evidence as to one point, viz. the identity of Berenger,

that it strikes me, that if these witnesses are not to be fully believed

as to this point, then almost every man who has been convicted at the

Old Bailey upon so much weaker proof of his being the person who

committed the particular crime with which he is charged, (and which has

been the case in almost _every instance_ I have known), may be

considered as victims unjustly sacrificed in a course of trial, to the

rash credulity of their judges and juries. If the evidence produced is

not sufficient to establish this point, I am at a loss to say by what

description and quantity of testimony, such a point can be

satisfactorily made out in a course of trial.

When the learned counsel addressed himself to prove an alibi, I could

not foresee how it would be satisfactorily accomplished; I cannot say I

believed he would accomplish it, but I believed it would be attempted by

better evidence than that which has been adduced; you recollect the

prior testimony of the Davidsons; the servants had gone out at two,

instead of four; Mr. De Berenger, according to the evidence he has

adduced, is found three miles and a half off; where he had dined, is not

shewn, he is in a hurry to get back; according to the next set of alibi

witnesses, he is found at Mr. Donithorne's between eight and nine,

having been found there in the morning, to measure the garden, at not a

very convenient time, with the snow upon the ground; and who are the

people who speak to this? a man who has been in the habit, which some

of us are, of examining the countenances and demeanor of men brought

forward to speak to guilty untruths, becomes in a degree familiar with

the modes of behaviour which such persons adopt. From something in the

manner of one of the witnesses, which suggested to me that such a

question might not be improperly addressed to him, I asked him, whether

he had not been used to be bail? (thinking that he might possibly be one

of those hired bail, who are the disgrace of our courts of justice).

What does he answer? why, he had been bail once, and then he had been

bail another time, and the amount he did not know; and I think he said

he did not know whether he had not been bail oftener; a man who is in

the habit of being bail, must swear to the amount, and he must swear he

is an housekeeper; and this man had no house over his head of his own,

but was living in the house of another; I thought, too, the man might

have failed, and been obliged to quit his house on that account; and it

so appears, that he was undone in his circumstances, and that he was a

man occasionally presenting himself to swear to his possession of

property, warranting his becoming bail for others. Then what becomes of

Donithorne; he is an inferior cabinet-maker, employed by Mr. Cochrane

Johnstone, and has brought a great number of penal actions for him; at

every turn of the case, he doubles in upon us, and you will presently

have to say, whether he and others, and which others, are not affected

by this case.

Gentlemen, the evidence begins with that of John Marsh, who keeps the

packet-boat public house at Dover, he says, "Upon that 21st of February,

I heard a knocking at Mr. Wright's fore door of the Ship Inn, between

one and a quarter after one o'clock; I went out upon hearing that, and,

on going out, I found a gentleman there, who had on a grey great coat,

and an uniform coat under it. I called for a person at my house to bring

two lights across; when I had the two lights, the gentleman had got

into the passage; he had a star on his red coat, under the great coat;

it is similar to this star." Now, it is said these persons saw him in

the dark, but candles were brought over, and you may see a man's

countenance by the light of two candles placed near him, almost as well

as you could in the day-light we have at present; it would certainly be

sufficient for the purposes of observation; if it were not so, half at

least of the injuries done at night would be very imperfectly proved, if

proved at all. He says, "I do not recollect that he had any other

ornament; he was very anxious for a post-chaise and four; the porter at

the Ship came down to him; he wanted an express horse, and a man to send

to the Admiral at Deal;" then it is highly probable, as he wanted an

express horse, that he did send this letter by that express; the

witnesses swear they saw him writing a letter. "I asked him where he

came from, and he told me, he was the bearer of the most important

dispatches that had been brought to this country for twenty years; I

asked him where he came from? he told me, from France. I asked him,

where he landed? he told me, on the beach; and he begged of me to get a

post-chaise and four for him; and then I went and called Mr. Wright, of

the Ship Inn; then he wanted pen, ink, and paper. I had shewn him into a

room; as soon as Mr. Wright came down stairs, Mr. Wright gave me a sheet

of paper, and pens and ink, which I carried into the room; I gave it to

him, and he began to write upon it; he called for a bottle of Madeira,

and something to eat." That circumstance of his having wine, is

afterwards confirmed, for when he is going up Shooter's hill, he is

giving it away to some of the postillions. "I asked him, whether I

should call the collector of the port? telling him, that it was his

business to see such people when they landed; he made answer to me, that

his business did not lie with the collectors; then Mr. Wright came, and

I had no more conversation with him; two candles were placed, one on

each side of him, and I could see him; _that is the gentleman_;

(pointing him out.) A gentleman of the name of Gourley was there, and

another of the name of Edis, was also there." Then he says, "I went to

get horses with all possible dispatch; he told the two postillions he

would give them a Napoleon each;" and that description of coin attends

him throughout, nor does it quit him to the last, for in the very desk

when he is taken up in Scotland, there were found Napoleons tallying

with these; therefore the proof in this particular is dovetailed and

closed in, beyond any thing I almost ever saw in a court of justice.

Then he says, "he had a German cap on, and gold fringe, as I thought;"

and it turns out, upon an exhibit we had made to us of a similar cap,

that De Berenger had such a cap; those that are shewn, were made in the

resemblance of what, from the evidence, they collected the articles to

be. They are not the originals; the coat, it appears, was cut to pieces,

and got out of the Thames, but the actual cap is not produced; "this is

all that I heard and saw."

Upon his cross examination, he says, "I am not in the least connected

with the Ship Inn, but on hearing this knocking, I went across to see

who the gentleman was out of mere curiosity; I did not observe whether

it was moon-light, foggy, or star-light." It does not signify which it

was, for he saw him by candle-light. "The boots let him in; I was with

him about five minutes altogether, but I cannot speak to a minute; he

was in great haste to get away; I should think he was not more than

twenty minutes at Mr. Wright's altogether. I held the candle while the

boots unlocked the parlour door, and I went and put them on the table;

he wished me to quit the room, and I did not go in any more." Then he is

asked about a large company in the inn, he says, "I do not know that

there had been any; I never saw him before nor yet since, till to-day,

but I can take upon me confidently to swear, _that this is the man_." He

made a very strong observation upon him, and he pointed him out in the

manner you saw. "I never was examined upon this subject before, only by

Mr. Stow, the collector."

On his re-examination, he says, "he told me before I sent for the lights

what his business was, and that he had landed on the beach. I was in the

passage with him till the lights came; my attention was called to him as

a stranger of importance. I saw the person when I was by myself in the

hall, and knew him the instant I saw him; I have not the least doubt

that he is the same man."

One of the other persons who saw him, of the name of Gourley, a hatter

at Dover, speaks to the same thing--"I was at Mr. Marsh's, the

packet-boat, on the morning of the 21st of February; Mr. Marsh went over

and called for lights; I took two candles and went across with them to

the Ship, where I perceived a gentleman in a pepper and salt coloured

coat, similar to that which is shewn to me. Mr. Marsh asked me to go and

call the ostler up, and to tell him to get a post-chaise and four

immediately. I did so; and after some time, when I had got the ostler

up, I returned back again and found the stranger in the parlour; there

were lights in the room; there were two candles upon the table; the

gentleman was walking about in a red uniform trimmed with gold lace,

with a star upon his breast, and he had a cap on similar to that, with

gold lace on it. I asked him, what news; having heard them say he was a

messenger. He said messengers were sworn to secrecy, but that he had got

glorious news; the best that ever was known for this country. He rang

the bell and called for pen, ink and paper, to write a letter, to send

off to the Admiral at Deal." So that he professes, as the first witness

says, to write a letter; and here he speaks of sending it off to the

Admiral at Deal:--"that was brought to him, and he continued writing

some little time while I was there. I took leave of him before he had

finished the letter; the candles were sufficiently near him to observe

him; that is the gentleman, and I have not the least doubt that it is

him."

On his cross examination, he says, "I came over when I was called by Mr.

Marsh to bring candles; I went and called the ostler, and waited till I

waked the ostler; I left the candles in the passage; I saw him write on

the paper when it was brought; I was sitting with Mr. Marsh when he

arrived; I had not dined at the packet-boat." I suppose the question

pointed to whether this man was likely to have been sober or drunk at

that time: I do not know that there is any thing extraordinary in a

man's sitting up till twelve or one o'clock; but that has been the

subject of the observation.

Upon his re-examination, he says, "perhaps I might be in the room, so as

to have an opportunity of observing him three or four minutes; my

attention was called to him particularly; he had a cap on sometimes, and

sometimes not; _I have no doubt that is the man._"

Eliot Edis, a person who you recollect was rather deaf, says, "I am a

cooper in the victualling yard at Dover, I was at the packet boat on the

morning of the 21st of February, Gourley was there with me; my attention

was called to a messenger who had arrived. I saw the messenger first at

the Ship, he was in a room at the time, walking up and down the room. I

observed his dress; he had a grey great coat and regimentals, scarlet

trimmed with gold; I did not particularly notice any other ornament; he

had a cap with a gold band, that was the colour of the coat, it was a

slouched cap;" upon that there has been much observation; "the cap

appeared to be made of a kind of rough beaver, I do not know whether it

was black or brown;" by that light you would not know very distinctly

whether it was black or brown; "it was rather flat all round, and had no

rim like a hat. I saw him sit down and write. I did not hear him say

whom he was writing to. I could hear him talk; but not to understand

him, being rather deaf; his cap was on while I was there." He is desired

to look round, and to point out the gentleman, and he says, "that is the

gentleman," pointing to him. "I have no doubt that is he; I had never

seen him before that night, nor since;" and yet as you saw him, looking

round, he instantly found him out among so many as there were then round

him, it is not probable that if they had not seen him before, and had

not his picture engraved upon their minds, they would have known him

again so well; and it would be very remarkable that they should all

pitch upon the same person. "I might see him perhaps for five or six

minutes; the cap was rather slouched; it had no brim to it; it was drawn

over his forehead; the round part of it was drawn over his forehead. I

was not in court when Marsh was examined." It was suggested that he

might have picked up his story from Marsh; but a man who was deaf could

not have heard him, if he had been in court.

Mr. William St. John is next called; he speaks in the same manner; it is

unnecessary to go through the whole of it. He says, "he wore a scarlet

coat with long skirts, buttoned across, with a red silk sash, grey

pantaloons, and a grey military great coat, and I think it was a

seal-skin cap;" now with that light he might very easily mistake; I

believe it is very common to have seal-skin caps for travelling.

_Mr. Gurney._ This is seal-skin, my Lord.

_Lord Ellenborough._ I did not know that; "he had, I think, a seal-skin

cap on his head, of a fawn colour," and it is a fawn colour, certainly;

"there were some ornaments on his uniform, but I do not know what they

were, something of a star on his military dress; he was talking up and

down the room in a very good pace; I asked him, whether he knew anything

of the coming of one Johnson," a messenger whom the witness expected;

"he said he knew nothing at all about him, and begged I would leave him

to himself, as he was extremely ill;" this gentleman appears too

inquisitive, and he did not seem to like him. "On my leaving the room,

he requested that they would send in paper, and pen and ink; I

immediately retired, and met the landlord, Mr. Wright, coming into the

room, I believe, with the paper, pens and ink; in a few seconds

afterwards I returned into the room, and he was writing, I did not hear

him say any thing about the paper he was writing. I left the room

immediately. I saw him again at the door in the street. When he was

stepping into the carriage, I asked him what the news was; he told me it

was as good as I could possibly wish; I did not see what he did with the

paper he was writing upon, nor did I hear him say what he was writing

about, he went away the first of us."

Now this man has been made a good deal the subject of comment; for it

appears that he had gone down to Dover, and was, in some respect,

waiting for news; there was a kind of reluctance in him to acknowledge

that, in respect of which there need not have been any, for there is

nothing whatever objectionable in his sending up paragraphs for the

Traveller newspaper. I believe the publishers of these papers mostly

have some persons stationed at the out-ports, to obtain intelligence of

important events, and particularly so critical and anxious a moment as

that was they would naturally have such persons at the port of Dover;

there was nothing he should not avow; and if it was with the view to

purchase in the funds, in consequence of the intelligence he should

receive; if a man purchases funds upon public intelligence fairly and

honestly come by, when every body has an equal opportunity of acquiring

it and the intelligence is genuine, it is like buying any other article

in the market, upon fair knowledge of the circumstances connected with

its value; it is as allowable to deal in that article as in any other,

upon equal terms; but the objection here is to a dealing which resembles

the playing with loaded dice; if one plays with secret means of

advantage over another, it is not fair-playing--it is a cheat: I own I

have been much shocked with this sort of fraudulent practice, called

three times over, in the letter of Cochrane Johnstone, _a hoax_; I

cannot apply a term which imports a joke to that, which if the

Defendants are guilty of, is a gross fraud upon public and private

property; and unless every species of depredation and robbery is to be

regarded as a species of pleasantry, I think the name of hoax, which has

been given to it, is very ill applied to a transaction of so dishonest

and base a description.

Then Mr. St. John says, "I went to Dover, by desire of a friend of mine;

his name is Farrell; he is a merchant in the city, and is a proprietor

of the Traveller." Then being asked, where that gentleman lived, he

says, "In Austin Friars: I was to communicate to Mr. Farrell or to Mr.

Quin." Then he says, "certainly the arrival of news at such a time would

have an effect upon the funds."

Then William Ions, the express-boy, being shewn to the last witness, St.

John, he says, "this is the boy whom I saw sent with one of the two

expresses that was sent that night; this lad went with the express to

the Port-admiral at Deal, I believe; it was the express that Mr. Wright

gave him from the gentleman who was there; _from that gentleman_."

William Ions says, "In February last I was in the service of Mr. Wright,

of Dover; I was called up when the officer arrived there, and was sent

with an express to Admiral Foley; I took the letter I received to

Admiral Foley; Mr. Wright gave me the letter whilst I was upon my pony;

he came out to the door with it; and that letter which I received, I

delivered to the Admiral's servant at Deal. She took it up stairs to the

Admiral, and I saw the Admiral before I left Deal, after the letter was

delivered to the servant, who took it up stairs." Therefore, whatever he

received at Dover he delivered to the Admiral, and what the Admiral

received we have here; there is an interruption in the proof certainly,

in consequence of Wright, of Dover, not being well enough to be here as

a witness; and therefore it did not appear by his testimony, that that

which he, Wright, had received, Wright had delivered to his express-boy,

to go over to Deal with; but that is supplied by the circumstance of De

Berenger, if he was the person, telling Shilling, the Dartford driver,

that he had sent off such an express; therefore it must be presumed that

he had sent that letter which contained an express to the Admiral; and

that which the Admiral received he shews you.

To supply that defect in the evidence, Mr. Lavie was called to say, that

he believed it to be De Berenger's hand-writing; and though this does

not appear to be the ordinary undisguised hand of this Defendant, yet

after Lord Yarmouth, who had given his evidence that he did not consider

it his hand-writing, referred to the letter _R_, the initial letter of

Random de Berenger's christian name, he considered _that_ as resembling

his hand-writing, and you would observe, whether there was not such a

resemblance as Lord Yarmouth mentions, if it were at all material; but

it ceases entirely to be material, when he tells Shilling, as he does,

that he had actually sent such a letter to the Admiral.

Admiral Foley is next called; he says, "The letter was brought to me,

that that boy brought to the house; I was a-bed; I read the letter in

bed; I did not mark it; I enclosed it in a letter to Mr. Croker, the

Secretary to the Admiralty; that is the letter; I sent it enclosed in

this letter to Mr. Croker; I arose immediately, and sent for the boy

into my dressing-room; I questioned the boy a good deal; I did not

telegraph the Admiralty, because the weather was too thick; when I sent

for the boy up, I had the letter in my hand; it was then three o'clock,

and dark; the telegraph would not work; I had a candle, of course; I am

not certain I should have telegraphed the Admiralty," and if he had seen

reason to doubt, he would have acted very properly in abstaining from so

doing; he could not communicate all that would excite the doubts he

might himself entertain; he could only send a few words, indicating the

most important particulars of the story which the letter contained, and

therefore he might very properly hesitate about communicating any part,

if he thought the whole contained doubtful, still more if untrue

intelligence.

The evidence of Mr. Lavie is only that he believed this to be De

Berenger's hand-writing; that he had seen him several times in the

custody of the messenger in the month of April, and in the course of

those interviews, he saw him write a considerable deal; he saw a whole

letter which he handed across to him when he had written it, and it was

given back and copied again, and for about an hour he was writing

different things, and handing them backwards and forwards. He says, "I

also saw his papers in his writing-desk, and I verily believe that to be

his hand-writing, from what I saw him write." This is the evidence, and

much less than this evidence, is what we receive every day in proof of

bonds, notes, and bills of exchange; a person says, I have seen such an

one write, and I belief that to be his hand-writing; and that is

sufficient to launch it in evidence as primâ facie proof, leaving it to

the other side to resist such proof, if they can.

Gentlemen, now we put this person in motion from Dover. Thomas Dennis

is next called, who says, "I am a driver of a post-chaise in the service

of Mr. Wright, at the Ship, at Dover. Early on the morning of the 21st

of February, I drove the chaise from thence to Canterbury to the

Fountain Inn; I drove only one person, it was a man; it was too dark to

see how he was dressed; I had the leaders; he gave me and the other lad

a Napoleon a-piece." He could not see the person; and there is identity

only by the sort of specie in which he deals. "I sold it for a one pound

note. I know the lads at Canterbury, who took him after me, Broad, and

Thomas Daly; I saw Broad and Daly set off. There is nothing

extraordinary in persons travelling day or night into Canterbury. I

cannot say whether it might be the 20th or 22d; persons do not often

give us Napoleons for driving them, I never had one given me before." No

immaterial circumstance to induce a recollection of this particular

traveller, nor (connected with similar evidence from other witnesses) to

establish his identity.

Edward Broad, a driver of a chaise at the Fountain at Canterbury, says,

"I remember the last witness coming to our house with a fare, early in

the morning in February, I do not remember the day of the month, nor the

day of the week; it was one gentleman came from the Ship at Dover; I

drove the leaders--I drove to the Rose at Sittingbourn; the chaise went

forward with four horses--he did not get out. Michael Finnis and James

Wakefield drove him from thence; I did not receive any money from him,

the other boy received the money, I had a Napoleon for my share." Till

the day-light breaks, we have nothing to identify him in the course of

his conveyance, but the Napoleons.

Then Broad, upon his cross-examination, says, "I have long lived at the

Fountain, and have known Thomas Dennis some years; I do not know that I

ever drove a fare that he brought before; I might; there are a great

many boys from that inn at Dover; I have driven a single gentleman

before, and sometimes a chaise and four." But upon re-examination, he

says, "I never before received a Napoleon for it."

Michael Finnis, the driver of a chaise at Sittingbourn, says, "I

remember the last witness bringing a gentleman in a chaise and four to

our house, I did not take particular account of the time, it was early

in the morning, it might be between four and five o'clock; I did not

take particular notice, for I had no watch with me--it was dark; I drove

him to the Crown at Rochester, Mr. Wright's house; I cannot say what

time it was when we got there, we were not above an hour and ten minutes

in going. The Gentleman got out there, and gave me two Napoleons, one

for myself, and one for my fellow-servant; I took no particular notice

of him; he had a pepper and salt coat on, and a red coat under that, I

perceived, and a cap." So that this man took no particular notice of his

countenance, but speaks to his dress and his appearance, as the other

witnesses do.

Mr. Wright, who keeps the Crown Inn at Rochester, who saw him in the

house, speaks with much more particularity; he says, "I remember a

chaise and four from Sittingbourn arriving at my house on the morning of

the 21st of February, I remember that was the day; it was a tall person,

rather thin than otherwise, who came in the chaise; he had a pepper and

salt great coat, with a military scarlet coat under it; the upper coat

was nearer the colour of that coat, than any thing I could state

(_pointing to the coat on the table_); the scarlet military coat he had

under that, was very much trimmed with gold lace down the front, as it

appeared by candle light, and a military cap with broad gold lace round

it; it appeared to me to be cloth or fur, it appeared to be nearly the

colour of the great coat." The cap does not appear to have any

resemblance to the great coat, but in all other respects his description

seems to be right. "On the military coat, there was a star, and

something suspended, either from the neck or the button, I do not know

which, something which he told me was some honour of a military order of

Russia;" it turned out to be a masonry order. He is shewn the star, and

he says, "it had very much the appearance of that sort of thing. I

suppose I was in conversation with him about ten minutes; it was about

half past five when the chaise drove into the yard; during those ten

minutes I was getting some chicken for him, in our bar parlour. I was

called up by the post-boy of my brother at Dover, I went into the yard,

and found a gentleman looking out at the front window of the chaise, and

he said, he was very hungry, could he get any thing to eat? that he had

ate nothing since he left Calais; I asked him, if he would have a

sandwich, as I supposed he would not get out of the chaise; he said he

would get out, and he did get out, and I took him into our bar parlour;

when he got there I said, I am led to suppose, that you are the bearer

of some very good news to this country;"--a very natural overture to

conversation on the part of an innkeeper, and to extract a little

intelligence from him; "he said, he was, that the business was all

done--that the thing was settled; I asked him, if I might be allowed to

ask him what was the nature of his dispatches? he said, he is dead; I

said, who? he said, the tyrant Bonaparte, or words to that effect, I

believe these were the exact words; I said, is that really true, Sir."

Upon which this gentlemen seems to have been piqued at having his

veracity questioned, and said, "if you doubt my word, you had better not

ask me any more questions;" in answer to which, Wright, not being

willing to have his curiosity unsatisfied, said, "I made an apology for

doubting the veracity of his story, and asked him, what were the

dispatches? he said, there had been a very general battle between the

French and the whole of the allied powers, commanded by Schwartzenberg

in person; that the French had been completely defeated, and Bonaparte

had fled for safety; that he had been overtaken by the cossacks, at a

village which I think was called Rushaw, six leagues from Paris; that

the cossacks had there come up with him, and had literally torn him in

pieces; that he had come from the field of battle from the emperor

Alexander himself, and that he either was an aide-de-camp of the

emperor, or of one of his principal generals." Now the account he gives,

tallies almost in terms with the letter which had been sent off to Deal;

so that there is another proof of the identity of this person, and a

connexion of him with this letter sent to Admiral Foley. Then he adds,

"He told me, that the allies were invited by the Parisians to Paris, and

the Bourbons to the throne of France. That was pretty well all the

conversation that passed; he ate very little, if he did any thing--he

said he was very cold; I asked him, if he would take any brandy? he

said, no, he would not, for he had some wine in the carriage;" it turned

out that it was so. "He enquired what he had to pay? I told him, what he

had had, had been so uncomfortable, I did not wish to take any thing for

it; he did not accept of that, he threw a Napoleon on the table, and

desired me to take that for what he had himself taken, and wished me to

give the servants something out of it, he meant the whole of the

servants, for when he got into the chaise, the ostler asked for

something; and he told him, that he had left something with his master,

out of which he might be paid. He went away in the same chaise that

brought him, with four horses. James Overy and Thomas Todd, were the

persons who drove him." Mr. Wright had proceeded thus far, and then he

looked round the court, and fixing upon De Berenger, said, "I believe

that is the person; I have no doubt--it is certainly the gentleman; I

had never seen him before, or since." This undoubted identification of

person, is almost peculiar to this case; I never saw a case in which so

many persons turned into the court at large, recollected a man at once,

and with so much certainty.

Upon his cross-examination, he says, "I never saw the gentlemen before

nor since till to-day; he wore a large cockade, very dirty, as if it had

been worn a long time;" then he produced the Napoleon; and he says,

"upon looking at him, I am sure he is the same person."

James Overy, who was the postillion, says, "I took up a person at my

master's house at Rochester, on a Monday; I do not remember the day of

the month. I drove him to Dartford, to the Granby; he had on a grey

mixture coat; a red coat like an aid-de-camp, adorned with a star, very

full indeed, something about his neck hanging down, and a cap, and a bit

of white ribbon about the cap, such as officers wear, with a gold lace

band round it. When I came to Dartford, it was ten minutes before seven;

it was day-light two miles before we came to Dartford. I am not sure I

should know the person again; he gave me two Napoleons, and he paid me

five £.1. notes, and a shilling for mine and the Dartford horses, and

the turnpikes; he gave us a Napoleon a-piece. Thomas Shilling and Broad

took him from Dartford."

On cross-examination, he says, "the cap was such a cap as officers wear

in a morning, slouched down, I think the top of the cap a little turned

down; I did not observe the colour."

William Tozer, the next witness, says, "I keep the Crown and Anchor at

Dartford; I remember Jem Overy bringing a fare to a house in our town on

a Monday about the 21st of February, and the person I took notice of was

sitting in the chaise. I made my obedience to the gentleman in the

chaise, hoping that he had brought us good news; he said he had, and

that it was all over; that the allies had actually entered Paris; that

Bonaparte was dead, destroyed by the cossacks, and literally torn to

pieces." Here again is the same account in effect which is contained in

the letter to Deal, given by word of mouth, "and that we might expect a

speedy peace. During the conversation, I saw him give Overy two gold

pieces, which afterwards proved to be French pieces; I had them in my

hand. I saw enough of the person in the chaise, to be positive I should

know him if I saw him again." This was the witness, who looking round,

did not find the Defendant; to be sure, the Counsel might have asked him

whether that was the person; but from delicacy that was not done, which

was certainly an unnecessary delicacy upon such a subject.

Thomas Shilling, the chaise-driver from Dartford, says, "I remember

taking up a gentleman who came in a chaise and four to Dartford, I

believe it was on the 21st of February, it was on a Monday. I had the

wheel-horses. On our road to London, he discoursed with me a good deal;

the waiter at Dartford, at the Granby, first spoke to him, asking him

whether he brought any good news; the gentleman said, yes, it was all

over; Bonaparte was torn in a thousand pieces; the cossacks fought for a

share of him all the same as if they had been fighting for sharing out

gold; and the allies were in Paris. We were ordered to go on; we had

gone to Bexley before the gentleman spoke; the gentleman then told me

not to hurry my horses, for his business was not so particular now,

since the telegraph could not work. I told him, I thought the telegraphs

could not work, for I knew almost every telegraph between Deal and

London. He then said, "postboy, do not takes any notice of the news as

you go along;" I told him I would not, unless he wished me to do so; he

said, I might tell any of my friends as I returned, for he durst to say

they would be glad to hear it; he said he had sent a letter to the Port

Admiral at Deal, for he was obliged to do so;" therefore you have him,

unless this be a premeditated falsehood in the evidence of this man,

Shilling, authenticating the fact of the letter from Dover; "he said

that he had walked two miles when he came ashore at Dover, before he got

to the Ship Inn; that the Frenchmen were afraid of coming any nigher to

Dover, for fear of being stopped." Where he got into Dover, or how, we

do not hear; of the points of the outward voyage we know nothing; of the

homeward we have a pretty good account of all the places where he

touched, &c. "then we drove on till we came to Shooters Hill; when I got

there, my fellow-servant and I alighted, and the gentleman gave us part

of a bottle of wine; he said we might drink, because he was afraid the

bottle would break; he gave us some round cakes also. I chucked the

bottle away, and handed the glass again into the chaise; he told me that

I might have it; he then said, "postboy, you have had a great deal of

snow;" I said, "we have;" he said, "here is a delightful morning,

postboy; I have not seen old England a long while before;" then he asked

me which was the nearest coach stand; I told him at the Bricklayers

Arms; he told me that would not do, it was too public, he was afraid

somebody would cast some reflections, and he should not like it." It was

bringing him very nearly within the vicinity of the King's Bench, where

it should seem his countenance was better known than he liked it to be.

"I told him I did not think anybody would do that, they would be too

glad to hear of the news; he asked if there was not a hackney-coach

stand in Lambeth; I said "yes," he said "drive me there.""

Now it has been observed he points his direction towards Lambeth, and

the other express, it seems, that went through the city, which has been

called the Northfleet expedition, is ordered not to go Lambeth, but to

Lambeth Marsh. The learned Counsel has remarked, that they are not

ordered to the same point at first, and that it would have been a strong

confirmatory point, if they had been so; but there is to a great degree

an identity of direction, an identity of object, and something like an

identity of disguise in military uniform; "he said, drive me there,

postboy, for your chaise will go faster than a hackney-coach will. I

drove him to the Three Stags in the Lambeth road; there was no

hackney-coach there. I ordered my fellow-servant to stop, and looked

back, and told the gentleman there was no coach there; but that there

was a coach stand at the Marsh Gate." So that the Marsh Gate arose

incidentally, and was not his original plan; "and if he liked to get in

there, I dared say nobody would take any notice of him; I think he

pulled up the side blind, that had been down before all the way; when I

got there, I pulled up along side to a hackney-coach; I called the

coachman, and the waterman opened the coach door, and I opened the

chaise door; the gentleman stepped out of the chaise into the coach

without going on the ground;" the question which produced this answer

was put with a view to something adverted to, as published upon the

subject, in which some evidence was supposed capable of being opposed to

the story of the driver, in this particular, who, however, relates it

plainly and naturally, and is confirmed by the waterman, who was there

at the time; "he then gave me two Napoleons; he did not say one was for

my fellow-servant, and the other for myself, but I concluded that it was

so; I have got them here," and he produces them; so that it does not

appear that he has distributed this gentleman's bounty, but he is still

a trustee for his fellow-servant. "I did not," he says, "hear him tell

the coachman where to drive to. The name of the coachman is Crane. I

know the person of the waterman very well. The gentleman was dressed

with a dark fur round cap, and with white lace, and some gold round it;

whether it was gold or silver I cannot say; he had a red coat on

underneath his outer coat; I think his outer coat was a kind of a brown

coat, but I will not swear to that; I saw a red coat underneath it, down

as far as the waist; I did not see the skirts of it; I think it was

turned up with yellow, but I should not like to swear that; it had some

sort of a star upon it. I think upon his outer coat there was a kind of

white fur; but I should not like to swear to that. I should know him in

a moment. I have seen him and knew him again; that is the gentleman

(_pointing to him_); I have no doubt. I saw him once before in

King-street, Westminster, in a room; I knew him then the moment I saw

him; I never had the least doubt about him; the moment I saw him I knew

him."

Upon his cross-examination, he says, "I was not told this morning in

what part of the court he sat; I looked round the court when I came in,

and saw him immediately; I never saw him before February." He is asked

about a reward that was offered by the Stock Exchange, he says, "I heard

of it the day it was printed, two or three days after this transaction

happened. I remember a club at Dartford, called the hat club; I was

there;" and then there is some foolish story about his laying a wager

there; but as there is no evidence brought to impeach his testimony upon

the grounds to which the cross-examination went, it is unnecessary to

pursue that part of the examination further; he says "Lambeth Marsh is

not far from the Asylum. I went there for the purpose of getting a

coach; _that he says_ (pointing to Bartholomew) _is the waterman_."

Then William Bartholomew the waterman is called; he says "I am a

waterman attending the stand of coaches at the Marsh Gate; I know

Shilling by seeing him come up with post chaises; he is a Dartford

chaise-boy. I remember his coming with a chaise on the 21st of February;

there were four horses, and there was a gentleman in it; it was between

nine and half past nine in the morning; there was only one coach on the

stand; one Crane drove the coach; I saw the gentleman get out of the

chaise into the coach, he stepped out of the one into the other; I

opened the door, and let down the step for him; he had a brown cap on, a

dark drab military great coat, and a scarlet coat under it; I only took

notice of the lace under it. The gentleman ordered the coach to drive up

to Grosvenor-square; I do not remember that he told me the street in

Grosvenor-square. I really think that is the gentleman, it is like him;

dress makes such an alteration, that I cannot with certainty say."

Then Mr. Richard Barwick says, "I am a clerk to Messrs. Paxtons and Co.

bankers, in Pall Mall. I remember passing by Marsh Gate on the morning

of Monday the 21st of February. I observed a post-chaise with four

horses, it had galloped at a great rate; the horses were exceedingly

hot, and I saw a man getting into a hackney coach; I followed it, and

saw it as far as the Little Theatre in the Haymarket; I wanted to know

what the news was." Being a banker's clerk, it was natural he should

wish to know what the public news was. "I observed the coach passed the

public offices in the way." It appears, that he was a little surprized

at this person not stopping to communicate his news at those offices.

Whether he suspected him or not, he does not say; but observing that he

stopped at none, and it being time for him to go to the banker's shop,

he did not think it worth while to pursue him any further. This was

about nine o'clock, as he supposes, that he left him in the Haymarket.

Then he says, the gentleman had a cap on with a gold band, such as

German cavalry use at evening parade; this appears to me something like

it.

Then William Crane, the coachman, says, "I remember on Monday morning

the 21st of February, taking up a fare at Marsh Gate from a post-chaise

and four from Dartford. I was directed to drive to Grosvenor-square; I

drove into Grosvenor-square; the gentleman then put down the front

glass, and told me to drive to No 13, Green-street; the gentleman got

out there, and asked for a colonel or a captain somebody; I did not hear

the name, and they said he was gone to breakfast in Cumberland-street;

the gentleman asked if he could write a note; he then went into the

parlour; the gentleman gave me 4_s._; I asked him for another." Hearing

that Napoleons had been distributed to drivers, he thought that a

hackney-coachman might ask for a little more of his bounty than he at

first received. "He took a portmanteau that he had, and a sword, went in

and came out again, and gave me another shilling. The portmanteau was a

small black leather one; I saw that gentleman in King-street,

Westminster, at the messenger's house. I think this is the gentleman

here; when I saw him in King-street, as I came down stairs, he looked

very hard at me; I knew him then, though he had altered himself a great

deal in his dress."

Upon his cross examination, he says, "I went to Mr. Wood's, the

messenger of the Alien Office, for the purpose of seeing him; I walked

down stairs, and met the gentleman coming up stairs, and I thought he

was something like the gentleman I had carried; I do not know every

person I carry in my hackney-coach; this person, when I got to

Green-street, I saw had a red coat underneath; the waterman opened the

coach-door for him to get in." So that he was within view of the

waterman. "He had on a brown grey great coat, with brown fur cap."

Now, gentlemen, he is brought to the house of Lord Cochrane; further

evidence arises afterwards 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 up 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. When he pulled off his great coat

there, what must he have displayed to his Lordships eyes, if present at

the time? Did he display the uniform of the rifle corps? 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; that is, I presume, the reason of their wearing

that species of uniform, and as to the idea suggested in Lord Cochrane's

affidavit, that his exhibiting himself in that uniform would be deemed

disrespectful to Lord Yarmouth. Lord Yarmouth has told us, that on the

contrary he should have thought it a matter of respect to him, and

proper as his officer, to have appeared before him in that very dress.

The account that is given of this man's pulling off his dress, as

contained in the affidavit of Lord Cochrane, is highly deserving of your

attention. It is a rule of law, when evidence is given of what a party

has said or sworn, all of it is evidence (subject to your consideration,

however, as to its truth) coming as it does, in one entire form before

you; but you may still judge to what parts of this whole you can give

your credit; and also, whether that part, which appears to confirm and

fix the charge, does not outweigh that which contains the exculpation.

Now I will state to you, what is Lord Cochrane's affidavit; it may as

well come in now in this period, as in the later period in the cause; it

was produced in the pamphlet published by Mr. Butt, and is prefaced by

Lord Cochrane thus, "Having obtained leave of absence to come to town,

in consequence of scandalous paragraphs in the public papers, and in

consequence of having learnt that hand bills had been affixed in the

streets, in which I have since seen it is asserted, that a person came

to my house at No. 13, Green Street, on the 21st day of February, in

open day, and in the dress in which he had committed a fraud; I feel it

due to myself to make the following deposition, that the public may know

the truth relative to the only person seen by me in military uniform at

my house on that day." Now it is material to observe, this affidavit

first introduced the name of De Berenger in any public document; whether

it was known privately at any earlier period we are not informed, the

date of it is the 11th of March. The Davidsons have informed you, that

the day he finally disappeared was the 27th of February, (Mr. Cochrane

Johnstone having called and left a letter, for what purpose we know not,

on the 26th,) he appears to have very soon got to Sunderland, and might,

on the 11th of March, the date of this affidavit, be reasonably

supposed to have been out of the kingdom.

It is in evidence, that when De Berenger was taken, there was found in

his writing-desk part of the produce of the exchange at the bank of four

£.100 notes, two of the bank notes of £.200 being changed first into two

£.100 notes, and then into ones; the whole are identified by the clerks

of the bank; sixty-seven the produce of one £.100; forty-nine identified

as the produce of another, and seven the produce also of one of those;

there are traced to him likewise a £.50 and a £.40; the £.50, traced by

the evidence of Smith to-day, the evidence upon that subject being

deficient yesterday, I stopped them short, because I thought that the

entry of the mere initials W. S. and £.50, did not afford distinct and

sufficient proof that the person meant by those initials was William

Smith, and that the £.50 was a sum which had passed between Wm. Smith,

Mr. De Berenger's servant, and him, and that the evidence was deficient

in that respect. The principal part of these are the produce of the

draft of £.470, and a fraction, which was changed as will appear in the

evidence, when that part of it is stated to you. Originally the £.470

draft had been laid down before and paid to Lord Cochrane; it had

afterwards got into the hands of Mr. Cochrane Johnstone and of Mr. Butt,

for there appeared to be such a communication between the parties, that

you cannot say from whom ultimately it proceeded, but it had been in

some sort in the hands of all, and the produce of this check, originally

paid to Lord Cochrane, is found in the desk of this man.

I have been led aside by reading the affidavit to these observations on

the dates. To return, the affidavit was, as I have already stated, sworn

March 11th 1814, by which time it might well be supposed that De

Berenger, if he made proper speed, had got out of the kingdom. The

affidavit proceeds thus; "I, Sir Thomas Cochrane, commonly called Lord

Cochrane, having been appointed by the Lords Commissioners of the

Admiralty to active service, (at the request, I believe, of Sir

Alexander Cochrane) when I had no expectation of being called on, I

obtained leave of absence to settle my private affairs, previous to

quitting this country, and chiefly with a view to lodge a specification

to a patent," there is no doubt that patent exists, and that there is a

true transaction as to the patent; but whether it be introduced here as

a colour, and to draw off your attention from other matters is another

point. "That in pursuance of my daily practice of superintending work

that was executing for me, and knowing that my uncle, Mr. Cochrane

Johnstone, went to the city every morning in a coach, I do swear, on the

morning of the 21st of February, (which day was impressed on my mind by

circumstances which afterwards occurred) I breakfasted with him at his

residence in Cumberland Street, about half past eight o'clock, and I was

put down by him (and Mr. Butt was in the coach) on Snowhill, about ten

o'clock," therefore these three gentlemen who had so much to do on that

day, were brought together, and had an opportunity of communicating

together at least at this time. They go on to the city together, after

having, it may be supposed had so much of communication together as was

necessary for the current business of the day, whatever that business

was. "I had been about three quarters of an hour at Mr. King's

manufactory, at No. 1, Cock Lane, when I received a few lines on a small

bit of paper, requesting me to come immediately to my house, the name

affixed, from being Written close to the bottom, I could not read;" that

was certainly a very pointed observation which was lately addressed to

you, by the learned counsel for the prosecution, that the name which he

says he could not read, would not in all probability have been written

at the bottom, for he had finished the note once, and when it was sent

back to him there was space enough still left for him to write something

more; for the servant says, he added something more afterwards,

therefore it was not from its being crowded at the bottom, unless it be,

that he had not signed any name till quite the last, and after he had

written the addition which Lord Cochrane mentions, "the servant told me,

it was from an army officer, and concluding that he might be an officer

from Spain, and that some accident had befallen to my brother, I

hastened back, and I found Captain De Berenger." Now certainly, his

anxiety about his brother, if true, was a very good motive for his

returning, but I addressed some questions to the witness on this

subject; I thought it very likely if that was the motive which induced

Lord Cochrane to return, that he should have disclosed that motive to

the person who brought the note, especially as he was a servant who had

been seventeen years in the family; nothing could be more natural than

to say, "Thomas, I hope there is no bad news from my brother, your old

master;" no such thing passes, but--"Well, Thomas, I will return," is

all that he says to him; he does not mention any thing about any

apprehension as to his brother. His brother, as appears by the returns

which have come home, had been wounded, or was upon the sick list; but

it does not appear that he had then actually received any communication

upon that subject; and which, if he had received any such, might have

been expected to be proved, and might easily have been so. That his

brother was in fact upon the sick list appears, but not that he then

knew him to be so; nor did he intimate to the servant that came, one

word of apprehension about his brother, or any mention of his health or

of him, but came back immediately on receiving this note. Now, with the

acquaintance he had with De Berenger, no doubt such application had been

made to get him appointed as is proved; and he must have been, one would

suppose, familiar with his hand-writing; and _if so_, he could have had

no doubt who was the person from whom he received this note, and whom he

was to meet when he should get home; but he says, "I found Captain De

Berenger, who, in great seeming uneasiness, made many apologies for the

freedom he had used, which nothing but the distressed state of his mind,

arising from difficulties, could have induced him to do; all his

prospects, he said, had failed, and his last hope had vanished of

obtaining an appointment in America. He was unpleasantly circumstanced

on account of a sum which he could not pay; and if he could, that others

would fall upon him for full £.8,000. He had no hope of benefitting his

creditors in his present situation, or of assisting himself. That if I

would take him with me, he would immediately go on board and exercise

the sharp-shooters (which plan I knew Sir Alexander Cochrane had

approved of;)" and there is no doubt that Sir Alexander Cochrane had, on

some application of Mr. Cochrane Johnstone or Lord Cochrane, applied for

him, but that for reasons not communicated to us, such application had

not been successful, and it had not been thought fit to appoint him.

Then he says, "That he had left his lodgings, and prepared himself in

the best way his means allowed. He had brought the sword with him which

had been his father's; and to that and to Sir Alexander, he would trust

for obtaining an honourable appointment. I felt very uneasy at the

distress he was in, and knowing him to be a man of great talent and

science, I told him I would do every thing in my power to relieve him;

but as to his going immediately to the Tonnant, with any comfort to

himself, it was quite impossible; my cabin was without furniture; I had

not even a servant on board. He said he would willingly mess anywhere; I

told him that the ward-room was already crowded; and besides, I could

not with propriety take him, he being a foreigner, without leave of the

Admiralty. He seemed greatly hurt at this, and recalled to my

recollection certificates which he had formerly shewn me from persons in

official situations; Lord Yarmouth, General Jenkinson and Mr. Reeves, I

think, were amongst the number; I recommended him to use his endeavour

to get them or any other friends to exert their influence, for I had

none; adding, that when the Tonnant went to Portsmouth, I should be

happy to receive him; and I knew from Sir Alexander Cochrane, that he

would be pleased if he accomplished that object; Captain Berenger said,

that not anticipating," now this is very material, "any objection on my

part, from the conversation he had formerly had with me; he had come

away with intention to go on board and make himself useful in his

military capacity; he could not go to Lord Yarmouth, or to any other _of

his friends in this dress_;" what is the dress that Lord Cochrane

represents as then belonging to him? a green dress? had he a green

dress? he must have had that dress with him whatever it was in which he

had come in the coach; he says that would excite suspicion; why, if he

had really a green uniform, that would not have excited observation or

suspicion; it was the very uniform he ought to have worn; but if it was

that in which he had got out of the coach, and it does not appear that

he had any means of shifting himself; if he had on an aid-de-camp's

uniform with a star, and so presented himself to Lord Cochrane, how

could Lord Cochrane reconcile it to the duties he owed to society, and

to Government, and to his character as a gentleman and an officer, to

give him the means of exchanging it; it must be put on for some

dishonest purpose; this red coat and star, and all this equipment, must

have appeared most extraordinary, and must have struck Lord Cochrane

most forcibly, if he was not aware of the purpose for which it was used;

"that he could not go to Lord Yarmouth, or to any other of his friends

in this dress, or return to his lodgings, where it would excite

suspicion (he was at that time in the Rules of the King's Bench); but

that if I refused to let him join the ship now, he would do so at

Portsmouth; under present circumstances, however, he must use a great

liberty, and request the favour of me to lend him a hat to wear instead

of his military cap. I gave him one which was in a back room, with some

things that had not been packed up; and having tried it on, _his uniform

appeared under his great coat_; I therefore offered him a black coat

that was laying on a chair, and which I did not intend to take with me.

He put his uniform _in a towel_, and shortly afterwards went away." If

he put that uniform in a towel, he must have pulled it off his back, for

it was on his back before, and then Lord Cochrane, one would think, must

have seen him do it; what business had this man with a red aid-de-camp's

uniform? he had no business to wear any such garb, he was almost as much

out of his proper character, as I should be if I appeared habited in the

particular dress and professional habits of an officer or a clergyman;

but it does not rest there, for he himself lends to this person the

immediate means of his 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? upon seeing him appear habited as all the witnesses represent

him to have been in his way from Dover to Green-street,

Grosvenor-square, would not any one who had known him before have

immediately exclaimed, where have you been, and what mischief have you

been doing in this masquerade dress. It is for you, gentlemen, to say

whether it is possible he should not know, that a man coming so

disguised and so habited if he appeared before him so habited, came upon

some dishonest errand, and whether it is to be conceived a person should

so present himself to a person who did not know what that dishonest

errand was, and that it was the very dishonest errand upon which he had

been so recently engaged, and which he is found to be executing in the

spreading of false intelligence, for the purpose of elevating the

funds, if he actually appeared to Lord Cochrane stripped of his great

coat, and with that red coat and aid-de-camp's uniform, star and order,

which have been represented to you, he appeared before him rather in the

habit of a mountebank than in his proper uniform of a sharpshooter.

He says, "he went away in the hackney coach I came in, which I had

forgotten to discharge in the haste I was in. The above conversation is

the substance of all that passed with Captain De Berenger, which, from

the circumstances attending it, was strongly impressed upon my mind; I

most positively swear that I never saw any person at my house resembling

the description, and in the dress stated in the printed advertisement;"

which I suppose will be read, "of the members of the Stock Exchange; I

further aver, that I had no concern directly or indirectly in the late

imposition, and that the above is all that I know relative to any person

who came to my house in uniform, on the 21st day of February before

alluded to, Captain De Berenger wore a grey coat, a green uniform, and a

military cap;" now did he wear a green uniform? They are at issue upon

the dress then worn by him; if he had not this dress on, what other had

he? And if he had the green one on, what true or probable reason existed

for the change of that? the unfitness of appearing in it before his

commanding officer, Lord Yarmouth, is negatived by Lord Yarmouth

himself; supposing him to have appeared in any disguise, it is the

conduct of an accomplice, to assist him in getting rid of his disguise,

to let a man pull off at his house, the dress in which (if all these

witnesses do not tell you falsely) he had been committing this offence,

and which had been worn down to the moment of his entering the house,

namely, the star, a red coat and appendant order of masonry, seems

wholly inconsistent with the conduct of an innocent and honest man, for

if he appeared in such an habit, he must have appeared to any rational

person, fully blazoned in the costume of that or of some other crime,

which was to be effected under an assumed dress, and by means of fraud

and imposition; this circumstance is therefore very important for your

consideration; the judgment to be formed upon it must rest with you, and

you will no doubt consider, whether supposing him to have appeared

before Lord Cochrane, dressed as the witnesses represent him to have

antecedently been, the circumstance of his so appearing in a dress

proper for the commission of such a fraud, as appears to have been

committed on that day, by attracting a false belief of the person being

a messenger bringing great public news, coupled with the fact of his

afterwards walking off with that dress in a bundle, instead of having

that dress upon his back, and also with the evidence given in order to

prove a connexion with the notes afterwards found in De Berenger's desk,

you are not satisfied that he was privy to and assisted in the scheme of

effecting a deception upon the public.

Gentlemen, I have taken this subject a little out of its place in

adverting to it here. To return--

Mr. Lavie says, "I received the parcel, (_that produced by Odell_), in

the Stock Exchange room, in which Mr. Baily and Mr. Wade were present."

Mr. Wade says, "I am Secretary to the Stock Exchange, in company with

other gentlemen, I received from Odell a bundle, said to be found in the

river, which was given to Mr. Lavie; the star was then in two pieces,

and was afterwards sewn together, for the purpose of being exhibited."

Then Solomons, who originally sold the dress, is called; he says, "I am

a military accoutrement-maker; we have a shop at Charing Cross, and

another at New Street, Covent Garden. On Saturday the 19th of

February," the very day before this is put into execution, with the

intervention of the Sunday; "a military dress was purchased at my house;

a military great coat and foraging cap made of dark fur, with a pale

gold border; I have since had a cap and a coat made exactly resembling

them, as nearly as I could possibly recollect." He had them made I

suppose in order to exhibit them. "The person purchased at our house in

New Street, something which came to Charing Cross shop, as being ordered

at New Street, and the person came to Charing Cross and took it away;

there was a military great coat, a military staff coat, such as persons

on the staff wear, the uniform of an aid-de-camp. I have examined the

fragments, the star and the badge, I believe those to be the same, we

had the very fellow-star to that; except those two, I do not know that I

ever saw any star like them, the badge I did not take much notice of;"

that is the silver masonry ornament, "I have examined these fragments,

and they appear to be part of the same materials, the same description

of embroidery, the same description of coat; I had a conversation with

respect to the great coat, and also the cap; he observed that they were

wanted for a person who was to _perform the character of a foreign

officer_, they were to be sent into the country that evening, he took

them away with him in a coach, he had a small portmanteau with him;" you

remember there is a leather portmanteau spoken of; "he did not beat me

down in the prices, or make any observations about money, but merely

paid for them, I was conversing with him for a short time, I have been

since introduced to a person at the Parliament-street coffee house; I

cannot undertake to say it was the person, in point of appearance he

resembles him, except that the person I served had whiskers." Now if you

recollect the history of the whiskers, it is established that he had

worn whiskers, though the woman who endeavoured to make us believe that

he slept at home on the Sunday night, said she had not so much as

observed (though she had been his servant two years and a half) whether

he had any whiskers. It appears to me that is a circumstance in the

countenance of a person which one would very much observe; he says, "the

person I saw in Parliament-street had not whiskers;" he then looked at

Mr. De Berenger, and said, "this is the person I was introduced to at

the coffee house in Parliament-street; I really cannot undertake to

swear that he is the person, the gentleman that represented himself to

be Mr. Wilson, was dressed in a different manner, he had black whiskers,

and from that circumstance I could not possibly undertake to swear it

was the same person, it resembles the person, except that the person I

served had whiskers, I cannot say that I believe it is the person, or

that it is not."

The Trial of Charles Random de Berenger, Sir Thomas Cochrane, commonly called Lord Cochrane, the Hon. Andrew Cochrane Johnstone, Richard Gathorne Butt, Ralph Sandom, Alexander M'Rae, John Peter Holloway, and Henry Lyte for A Conspiracy In the Court of King's Bench, Guildhall, on Wednesday the 8th, and Thursday the 9th of June, 1814 · 第 29 / 53 题