LORD COCHRANE,

Your Lordships having listened to those who had any thing to offer which

they considered material for their defence, emboldens me to trust that

your Lordships, though I do not address you by Counsel, will grant me a

similar indulgence, and even that you will extend that indulgence

further to me on account of my not appearing by Counsel, for the reasons

which I had the honour to state to you upon a former occasion. In order

that those feelings which must agitate me on the present occasion, may

as little as possible enter into what I have now to state, I have judged

it proper to reduce it to writing; and in order to give the Court as

little trouble as possible, to make my statement as short as the

circumstances of the case appear to me to admit of.

It has been my very great misfortune to be apparently implicated in the

guilt of others with whom I never had any connexion, except in

transactions, so far as I was apprised of them, entirely blameless. I

had met Mr. De Berenger in public company, but was on no terms of

intimacy with him. With Mr. Cochrane Johnstone I had the intercourse

natural between such near relatives. Mr. Butt had voluntarily offered,

without any reward, to carry on stock transactions, in which thousands,

as well as myself were engaged, in the face of day without the smallest

imputation of any thing incorrect. The other four defendants were wholly

unknown to me, nor have I ever, directly or indirectly, held any

communication with them. Of Mr. De Berenger's concern in the fraud, I

have no information, except such as arises out of the late trial. With

regard to Mr. Johnstone and Mr. Butt, I am willing to hope that they are

guiltless. They repeatedly protested to me their innocence. They did not

dare to communicate any such plan to me, if such was projected by them,

or either of them. Be they guilty, then, or be they, one or both,

erroneously convicted, I have only to lament, that, without the most

remote suspicion of their proceedings, if they, or either of them, were

concerned in the fraud, I have, through my blameless intercourse with

them, been subject to imputations which might, with equal justice, have

been cast upon any man who now hears me. Circumstanced as I am, I must

keep myself wholly unconnected with those whose innocence cannot be so

clear to me as my own. Well had it been for me if I had made this

distinction sooner.

I do not stand here to commend myself--unhappily, I must seek only for

exculpation; but I cannot exist under the load of dishonour which even

an unjust judgment has flung upon me. My life has been too often in

jeopardy to make me think much about it; but my honour was never yet

breathed upon; and I now hold my existence only in the determination to

remove an imputation, as groundless, as it is intolerable.

The evidence which I now tender to your Lordship, will aid me in

performing this duty towards myself, my rank, and my profession. I first

offer the affidavit, which I have repeated at a risk which I formerly

had no opportunity of encountering. I have been told, that I then

incurred the moral guilt of perjury, without exposing myself to the

legal penalties. I know nothing of such distinctions. I have repeated

the statement upon oath--and I am now answerable to the laws if I have

falsely sworn. The affidavits of three persons who saw De Berenger at my

house on the 21st of February, fully confirm my statement, and I have

only been prevented from bringing forward a fourth, by his sailing to a

distant situation, before I could possibly stop him for this purpose.

The grounds upon which I have been convicted are these:--That notes were

found in De Berenger's possession which had been changed for others,

that had once been in mine. That De Berenger came to my house after

returning from his expedition; and that my account of what passed at

this visit is contradicted by evidence.

The first ground has been clearly explained away; it amounts to nothing

more than that which may happen to any man who has money transactions.

Mr. Butt voluntarily made purchases and sales of stock for me, and

having received a small loan of money from him, I repaid him with bank

notes which he used for his own purposes. He says that he exchanged

these notes, and that a part of the notes which he received in exchange

he paid to Mr. Cochrane Johnstone, who states, that he gave them to De

Berenger in payment of some drawings; but with this story, whether true

or false, I have no manner of concern, and consequently no wish to

discuss it. In what way soever the notes which were received in exchange

for mine reached De Berenger, I can only say, that mine were given to

Mr. Butt in discharge of a _bonâ fide_ debt; and I have no knowledge

whatever of the uses to which he applied them.

De Berenger's coming to my house, I before accounted for upon the

supposition of his being unconcerned in the fraud; but is it not obvious

that he might have come there to facilitate his escape, by going

immediately on board of my ship, with the additional prospect of

obtaining employment in America? It has been said that there was a

suspicious degree of familiarity in his treatment of me and my house. I

can only observe, that over his conduct I had no controul. But he knew,

it seems, of my change of abode, which had occurred within a few days. I

trust it will be recollected, that he is proved to have left town three

days after such change, and that though not intimate with me, he had the

means of knowing where I resided, even if he should not have enquired at

my former lodgings, where my address was left. Indeed, if taking refuge

in my ship, in order to facilitate his escape, was part of his scheme,

it was very likely that he would have ascertained the precise place of

my abode, previous to his quitting London. Again, I am said to have left

the tinman's, (where I think I should hardly have gone had I expected

such a messenger) as soon as I heard of the officer's arrival. I was in

apprehensions of fatal news respecting my brother then in France, from

whom I had received a letter but three days before, with the

intelligence of his being dangerously ill; and I now tender you his

affidavit, with the surgeon's certificate, dated the 12th of February,

which he brought home with him. And therefore, on receiving the note

from De Berenger, whose name I was unable to decypher, and as that note

announced that the writer, whom I learnt from my servant had the

appearance of an officer in the army, who was desirous of seeing me, I

hastened to learn intelligence so anxiously expected; nor had I the

least doubt that it related to my brother. When, however, I found that

the person was De Berenger, and that he had only to speak of his own

private affairs, the apparent distress he was in, and the relief it gave

my mind to know that he was not the bearer of the news I dreaded,

prevented me from feeling that displeasure which I might otherwise have

felt at the liberty he had taken or the interruption it had occasioned.

Comments have been made on my saying so little to the servant who

brought that note; but the fact is, I did ask him several questions, as

appears by his affidavit. That I did not learn the name of the writer

from the note itself, I have truly accounted for, by its being written

so close to the bottom of the paper that I could not read it. This

assertion is said to be contradicted by the circumstance of the writer

having found room to add a postscript, as if there was only one side to

the paper. Of the postscript I have no recollection, but it might have

been written even opposite the signature. That I did not collect from

the hand-writing, that it was addressed to me by De Berenger, is nothing

extraordinary; my acquaintance with that person was extremely slight;

and till that day I had never received more than one or two notes from

him, which related to a drawing of a lamp. I was too deeply impressed

with the idea that the note was addressed to me by an officer who had

come with intelligence of my brother, to apprehend that it was written

by De Berenger, from whom I expected no communication, and with whose

hand-writing I was not familiar. All that I could afterwards recollect

of the note, more than what is stated in my affidavit is, that he had

something to communicate which would affect my feeling mind, or words to

that effect, which confirmed my apprehensions that the writer was the

messenger of fatal news of my brother.

If De Berenger had really been my agent in this nefarious transaction,

how I should have acted or where I should have chosen to receive him, it

is impossible for me to say: but I humbly apprehend that my own house

was not the place I should have selected for that purpose. The pretended

Du Bourg, if I had chosen him for my instrument, instead of his making

me his convenience, should have terminated his expedition and have found

a change of dress elsewhere. He should not have come immediately and in

open day to my house. I should not so rashly have invited detection and

its concomitant ruin.

But this is not the only extravagance of which I am accused. What

supposition short of my absolute insanity will account for my having

voluntarily made the affidavit which has been so much canvassed, if I

really knew the plot in which De Berenger appears to have been engaged?

Let me entreat your Lordships consideration of the situation in which I

stood at the moment in which that affidavit was made; I was suspected of

being connected with the pretended Du Bourg; if I had known that De

Berenger was the person who had assumed that name, could I possibly have

betrayed him, and consequently myself, more completely than by

publishing such a detail to the world? The name of De Berenger was never

mentioned till brought forward in my affidavit; which affidavit was

made, as sworn by Mr. Wright, a witness on the trial, with the

circumstance present to me, and remarked by me at the time I delivered

it to him to be printed, that if De Berenger should happen to be Du

Bourg, I had furnished a clue to his detection. The circumstance of his

obtaining a change of dress at my house, never could have been known if

I had not voluntarily discovered it; and thus I am represented as having

brought him publicly to my own house, of being the first to disclose his

name, and of mentioning a circumstance, which, of all others, it was the

most easy to conceal, and, if divulged, the most certain to excite

suspicion! Is it not next to impossible, that a man, conscious of guilt,

should have been so careless of his most imminent danger?

My adversaries dwell upon some particulars of this affidavit, which they

pretend to find contradicted in the evidence. The principle one is my

assertion that Berenger wore a green coat. I have repeated this

assertion upon oath, under all the risks of the law; and I also solemnly

affirm, upon my honour, which I regard as an obligation no less sacred,

that I only saw him in that dress. The witnesses on the part of the

prosecution have asserted, that he wore a red coat when he arrived in

town. Granted. But may he not have changed it in the coach, on his way

to Green-street? Where was the difficulty, and for what purpose was the

portmanteau? My own fixed opinion is, that he changed his dress in the

coach, because I believe that he dared not run the risk of appearing in

my presence till he had so changed it. I tender affidavits of those who

saw him, as I did, in his green coat, at my house. That he should have

changed his dress before I saw him is most natural, upon the supposition

of his wishing to conceal from me the work he had been about; but it is

like many other confirmations of my innocence, fated to excite no

attention in the minds of those who only seek food for their

suspicions. Much is said of the star and other ornaments, as if any

proof had been given of his wearing them in my presence. He took

especial care, I doubt not, to lay them aside on his way, when he had

divested himself of his official capacity, long before I saw him. The

small portmanteau before-mentioned, which it is admitted he brought with

him, in all probability furnished him with the green coat, and received

the red coat and its ornaments, and very possibly for this reason no

remark has been made upon it. A good deal of observation has been

bestowed upon De Berenger's unwillingness to appear before Lord Yarmouth

in uniform, and the inference was, that this uniform could not have been

the green dress of his corps, otherwise he must have felt the reverse of

uneasy at being seen in it by his Colonel. Does any volunteer officer go

out of a morning to make calls in his regimentals? Could so unusual a

circumstance have failed to excite remark from Lord Yarmouth? To me,

indeed, he had explained himself--he had of necessity told me his nearly

desperate state, in asking me to receive him on board my ship; but is

there any thing so very incredible in the statement that he was

unwilling to tell his whole case to every body? It may now doubtless be

perceived, that he might have had other reasons for disliking to go out

in a green dress.

Let it, however, be recollected, that my statement was, that he only

asked me for a hat in lieu of his military cap, and that the black coat

was my own voluntary offer. The idea of his applying to Lord Yarmouth,

or to any other of his friends, originated with me, and I proposed it in

consequence of his calling to my recollection the certificates he had

received from them. I then had no suspicion awake, and I believed what

he told me. In what manner the disguise was ultimately disposed of I can

only conjecture, as any one else might, from the evidence given on the

trial. He presented himself to me in a grey great coat, and a green

under coat; and if the persons whose affidavits I now tender had been

examined on the trial, and they did attend for that purpose, I do feel

persuaded that a very different impression would have been made on the

jury and the world at large, than that which they appear to entertain;

and that your Lordships might have been disposed to take an opposite

view of the case as it affected me. Those witnesses would have

corroborated the particulars of my affidavit relative to De Berenger's

dress, when I first saw him at my house, namely, a grey great coat, and

a green under coat and jacket. Unfortunately, through some mistake or

misconception, not on my part, they were left unnoticed, and, of course,

were not examined. I have now to offer their several affidavits to your

Lordships.

I would further submit to your Lordships, that my affidavit was made at

the impulse of the moment, as soon as I heard that placards had been

posted, stating that the pretended colonel Du Bourg had gone to my

house; and in the conscious rectitude of my own conduct, I not only

introduced the name of the only officer I saw at my house on the day

stated, but narrated every occurrence that took place, and all the

conversation that look place at the interview, to the best of my

recollection. If I am censured for having been too ingenuous in my

communication, I trust it will be admitted, that as ingenuousness

disclaims all connexion with guilt, it is indicative only of my

innocence.

If your Lordships will be pleased to reflect on all that I have offered

respecting De Berenger, and to bear in mind the avowed intercourse which

I had with two other defendants, respecting whose conduct I have been

compelled to speak at last upon a supposition of their guilt, I am

confident you will perceive how easily any man living so circumstanced

might have been placed in the very situation. But waiving the

supposition of De Berenger acting under the direction of either of the

other defendants, I do still contend, that any man who had stock

concerns, and was slightly known to De Berenger, ran the same risk with

me, of being driven into the ruin, which undeservedly, as I am still

willing to hope, has befallen the others.

The artifices which have been used to excite so much prejudice against

me, I unfeignedly despise, in spite of the injury they have done me. I

know it must subside, and I look forward to justice being rendered my

character sooner or later: It will come most speedily, as well as most

gratefully, if I shall receive it at your Lordship's hands. I am not

unused to injury; of late I have known persecution: the indignity of

compassion I am not yet able to bear. To escape what is vulgarly called

punishment, would have been an easy thing; but I must have belied my

feelings by acting as if I were conscious of dishonour. There are ways,

even of removing beyond the reach of ignominy, but I cannot feel

disgraced while I know that I am guiltless. Under the influence of this

sentiment, I persist in the defence of my character. I have often been

in situations where I had an opportunity of showing it. This is the

first time, thank God, that I was ever called upon to defend it.

* * * * *

The following Affidavits, handed in by Lord Cochrane, were read.

"In the King's Bench.

"The King _against_ Charles Random De Berenger, & others.

"Sir Thomas Cochrane, commonly called Lord Cochrane, one of

the above named defendants, maketh oath and saith, That the

several facts and circumstances stated in his affidavit, sworn

on the eleventh day of March last, before Mr. Graham, the

Magistrate, are true; and this deponent further saith, that in

addition to the several facts and circumstances stated in his

said affidavit, he deposeth as follows, (that is to say); That

he had not directly nor indirectly any concern whatever in

the formation, or any knowledge of the existence of an

intention to form the plot charged in the indictment, or any

other scheme or design for affecting the public funds. That

the sale of the pretended omnium on the twenty-first day of

February, was made in pursuance of orders given to his broker

at the time of the purchase thereof, on or about the

fourteenth of that month, to sell the same whenever a profit

of one per cent. could be realized; and that those directions

were given, and the sale thereof took place without any

knowledge, information, hint or surmise on the part of this

deponent, of any concern or attempt whatever to alter the

price of the funds; and the said sale on the twenty-first took

place entirely without this deponent's knowledge. That when

this deponent returned home from Mr. King's manufactory, on

the twenty-first of February, which he did directly after the

receipt of a note, he fully expected to have met an officer

from abroad, with intelligence of his brother, who had by

letter to this deponent received on the Friday before,

communicated his being confined to his bed, and severely

afflicted by a dangerous illness, and about whom this deponent

was extremely anxious; but this deponent found Captain De

Berenger at his house, in a grey great coat, and a green

jacket. That this deponent never saw the defendants, Ralph

Sandom, Alexander M'Rae, John Peter Holloway, and Henry Lyte,

or any or either of them, nor ever had any communication or

correspondence with them, or any or either of them, directly

or indirectly; that this deponent, in pursuance of directions

from the Admiralty, proceeded to Chatham to join his Majesty's

ship "The Tonnant," to which he had been appointed on the

eighth day of February last; that the ship was then lying at

Chatham; that previous to the eighth day of February, this

deponent applied to the Admiralty for leave of absence, which

was refused until this deponent had joined the said ship, and

had removed her down to Long Reach; that this deponent in

pursuance of those directions removed the said ship from

Chatham to Long Reach; and after that was done, viz. on

Saturday the twelfth day of the said month, this deponent

wrote to the Admiralty, to apply for leave of absence for a

fortnight, for the purpose of lodging a specification for a

patent, as had been previously communicated by this deponent

to their Lordships; that leave of absence was accordingly

granted for fourteen days, commencing on the fourteenth of the

said month; that this deponent was engaged in London

respecting the said specification, till the twenty-eighth of

the said month, when the said specification was completed; and

this deponent left town about one o'clock on the morning of

the first day of March, and arrived at Chatham about day-light

on the same morning; that on the eighth or ninth of the same

month of March, this deponent received an intimation, that

placards were affixed in several of the streets, stating that

a pretended Colonel Du Bourg had gone to this deponent's house

in Green-street; that he was on board the said ship at Long

Reach, and in consequence went to Admiral Surrage, the Port

Admiral at Chatham, to obtain leave of absence, which was

granted previous to the receipt of the leave forwarded by the

Lords Commissioners of the Admiralty; this deponent arrived in

London on the tenth of that month, to the best of his belief;

and that after his arrival, he himself, conscious of his own

innocence, and fearing no consequences from a developement of

every part of his own conduct, and desiring only to rescue his

character from erroneous impressions made by

misrepresentations in the public prints, he without any

communication whatsoever with any other person, and without

any assistance, on the impulse of the moment prepared the

before-mentioned affidavit, which he swore before Mr. Graham,

the magistrate, on the eleventh; that at the time he swore

such affidavit, he had not seen or heard the contents of the

report published by the Committee of the Stock Exchange,

except partial extracts in the newspapers; that when this

deponent understood that a prosecution was to be instituted

against him, he wrote to Admiral Fleming, in whose service

Isaac Davis, formerly this deponent's servant, then was, under

cover to Admiral Bickerton, at Portsmouth, and that Admiral

Bickerton returned the letter, saying, that Admiral Fleming

had sailed for Gibraltar; that this deponent sent his

servants, Thomas Dewman, Elizabeth Busk, and Mary Turpin, on

the trial of this indictment, to prove that an officer came to

this deponent's house on the morning of the said twenty-first

of February, and to prove the dress that he came in, but that

the said Thomas Dewman only was called; and as this deponent

has been informed, he was not interrogated as to the dress in

which the said officer came to his house; and this deponent

further saith, that had the said witnesses been examined,

according to the directions of this deponent, and who were in

attendance on the Court for that express purpose, they would,

as he verily believes, have removed every unfavourable

conclusion respecting this deponent's conduct, drawn from the

supposed dress in which the said De Berenger appeared before

this deponent on the twenty-first of February, and on which

circumstance much stress was laid in the charge to the Jury,

the said De Berenger's dress being exactly as stated in this

deponent's former affidavit hereinbefore-mentioned; and this

deponent solemnly and positively denies, that he ever saw the

said De Berenger in a scarlet uniform, decorated by medal, or

other insignia, and he had not the least suspicion of the said

De Berenger being engaged in any plot respecting the funds,

but merely believed he wished, for the reasons stated in this

deponent's former affidavit, to go on board this deponent's

ship, with a view to obtain some military appointment in

America; and this deponent declined complying with his request

to send him on board his ship, without permission or an order

from the Lords of the Admiralty; and this deponent further

saith, that he was in no degree intimate with the said De

Berenger; that he had no personal knowledge of his private or

public character; that he never asked the said De Berenger to

his house, nor did he ever breakfast or dine with this

deponent therein on any occasion whatsoever; and further, this

deponent saith, that he hath been informed, and verily

believes, that the Jury who tried the said indictment, and the

Counsel for the defence, were so completely exhausted and worn

out by extreme fatigue, owing to the Court having continued

the trial without intermission for many hours beyond that time

which nature is capable of sustaining herself without

reflection and repose, that justice could not be done to this

deponent.

_Cochrane._"

Sworn in Court the

14th June 1814.

"In the King's Bench.

"The King _against_ Charles Random De Berenger, & others.

"Thomas Dewman, servant to Lord Cochrane, maketh Oath and

saith,----"

_Lord Ellenborough._ This was a person called as a witness on the trial;

if the affidavit goes beyond what he then stated, or in contradiction to

what he stated, it cannot be received.

_Lord Cochrane._ Would your Lordship permit me to explain the reason why

he was not interrogated?

_Mr. Justice Bayley._ It is a settled rule, not to allow the affidavits

of persons who might have been called upon the trial, much less of

persons who were called.

_Lord Ellenborough._ And if any were not called, they were not called

under the discretion of your Lordship. It would be a very dangerous

thing, if persons whose evidence may have been discreetly kept back,

should afterwards be admitted to come forward as witnesses.

_Mr. Dealtry._ The next is the affidavit of Sarah Busk.

_Lord Cochrane._ My humble hope is, that you will be pleased to grant a

new trial, in order that these persons may have the opportunity of being

examined: they were not called from an error in the brief, which (so

little was I conscious of any participation in the fraud) I had not even

read.

_Mr. Gurney._ My Lord, the Counsel for the defendant were not

uninstructed, as to the evidence which these persons could give;

because, annexed to the affidavit which your Lordship has stated, of

Lord Cochrane, were the affidavits of all the servants, of the one who

is not now in England, as well as of the three who are in England. They

are all printed together in Mr. Butt's pamphlet, which was produced at

the trial. Therefore the Counsel for the defendant were informed of

every circumstance, and they might, if they had thought it would serve

their client, have called all those persons as witnesses.

_Mr. Justice Le Blanc._ There is no rule better established, than that

after trial we cannot receive the affidavits of persons who were called,

or who might have been called as witnesses. Whatever might be the reason

for keeping back their testimony, that the Court cannot hear.

[_The following Affidavit was read._]

"In the King's Bench.

"The King _against_ Charles Random De Berenger & others.

"The Honourable William Erskine Cochrane, Major in the

fifteenth regiment of dragoons, now residing in Portman-square

in the county of Middlesex, on his oath saith, That he was

seized with a violent and alarming illness on the first of

January one thousand eight hundred and fourteen, at Cambo in

the south of France; and that this deponent remained in a

state of dangerous illness until the eighteenth of the

following month. That early in February last he wrote to his

brother Lord Cochrane, to acquaint his Lordship with this

deponent's situation, as deponent had then very little hope of

recovery, and telling him that he had received a notification

that he would be ordered to England, where he should proceed,

if ever able to undertake the journey. And this deponent

further saith, that the annexed certificate was given to him

for the purpose of being laid officially before a board of

medical officers at Saint Jean de Luz, by the surgeon of this

deponent's regiment, and is in the said surgeon's

hand-writing.

_W. E. Cochrane._"

Sworn in Court,

this 14th day of June 1814.

By the Court.

"Statement of Major the Honourable William Cochrane's

Complaint. Monday, February 12, 1814.

"Was seized with the usual symptoms of fever on the 1st of

January, which was continued for the first three days; then

the remittent character developed itself. The evening paroxism

was severe every day, and he was all through much worse on the

third day than on the two preceding days. The treatment

consisted in keeping the bowels perfectly free and the skin

moist, and this was generally obtained by calomel and

antimonial powder combined, in the proportion of two grains,

and three every third hour, and an occasional purge of neutral

salts. When the bowels were well emptied, I frequently gave

saline draughts, which kept the skin moist and favourable for

the exhibition of bark, the use of which was commenced the

16th day. On the 23d he had a crisis, and went on very well

till the 1st of February, when he suffered a relapse, attended

with rather alarming symptoms. There was great determination

to the head, the eyes were suffused, great drowsiness, and a

tendency to comæ; however, these symptoms gave way in six

hours, in which time he was actively purged, the skin was made

moist, and a profuse perspiration kept up for twelve hours,

which left him perfectly tranquil and free from fever. From

this term I continued to give him small doses of calomel, till

his mouth was very slightly affected. He continued free from

fever from the morning of the 2d till the 7th; his appetite

good, his strength increasing, and every sign of health. On

that morning he had a second relapse, but by no means so

violent, though more embarrassing; he has not been well since,

and has suffered very much indeed. The treatment latterly has

been attention to the state of his bowels and diet. He has not

taken bark since his first relapse. I hope the change of air

and objects will serve him.

_Tho. Cartan_,

Surgeon, 15th Hussars."

_Lord Ellenborough._ This affidavit is not even material to shew, that

Lord Cochrane was in possession of his brother's letter previous to the

morning of the 21st of February, so as to account for a connexion

existing in his mind between the note he on that morning received, and

the state of his brother's health, which should induce him immediately

on the receipt of it, to return home?

_Lord Cochrane._ I was not present at the trial, or those witnesses

would have been examined.

_Lord Ellenborough._ But those witnesses would not have gone to this

point, and your mind must have been drawn to it at the time you made

your affidavit, when you came to mention your brother's illness?

_Lord Cochrane._ My brother's affidavit states, that he wrote to me

early in the month, and I received his letter on the Friday previous to

the fraud.

_Lord Ellenborough._ That was capable of being most distinctly verified.

_Mr. Justice Bayley._ The original letter is not annexed to the

affidavit?

_Lord Cochrane._ It is not; I had no idea of bringing the letter of my

brother before a court of justice.

[_The following Affidavit was read._]

"In the King's Bench.

"The King _against_ Charles Random De Berenger, & others.

"Charles Random De Berenger, the above-named defendant,

(having been found guilty of certain counts, but acquitted of

the two first contained in this indictment,) maketh oath and

saith, That he, this deponent, has zealously and loyally

served His Majesty and this country as a volunteer, during a

period of sixteen years, without ever receiving pay,

remuneration, or reward of any kind, although by a most

punctual and uninterrupted discharge of his various duties,

his pecuniary interests and views were consequently greatly

injured, but more especially during the time he acted as

Adjutant, being for a period of near seven years, when his

time was daily occupied more or less by the duties of that

situation; and instead of drawing permanent pay, as is the

usual custom of volunteer adjutants, he even put himself to

considerable annual expences, to further the views of that

service. And this deponent further saith, That the

testimonials now produced in Court, as proofs of his energetic

and loyal services, are of the proper hand-writing of the

parties whose names are thereunto respectively subscribed. And

this deponent further saith, That he has lost his paternal

fortune, exceeding the sum of thirty-three thousand pounds,

solely owing to his father's loyal adherence to the crown of

Great Britain, during the American revolution; and that no

indemnity of any kind has ever been given for such loss,

either to his late father or to himself. That perfectly

unprejudiced by such hard fate, this deponent constantly and

without fee, or even condition for reward, has since, not only

tendered his loyal assistance to this country to the utmost of

his power, and in a variety of ways, but has actually given

several important suggestions and communications, which

although made use of by the offices of Government, still

continue unrewarded. And this deponent further saith, that he

lately lost a considerable fortune from the failure of an

expensive and spirited endeavour on his part, having the

formation of a national fund for the succour of artists, and

the relief of their widows and orphans, for its object,

whereby he was ruined a second time, and deprived, in

consequence, of his liberty: that although distressed himself,

and having numerous debts on his books due to him from

Englishmen unable to pay, he has always been merciful to them.

And this deponent further saith, That he has already suffered

a painful imprisonment, ever since the eighth of April last,

by which his means of defence were not only decidedly impeded,

but his strength and health most materially injured; that in

this particular, as also in the mode of seizing his papers and

property, he has suffered considerable hardships, while his

slender pecuniary resources, from the aforesaid causes, and by

the heavy expences of his confinement and trial, are totally

destroyed; and that on these accounts his sufferings have been

greater than those of any of the other defendants. And this

deponent also saith, that any further degradation must ruin

his prospects in life for ever, and bring anguish and despair

upon him, who has already suffered so severely from his

attachment to this country; and he respectfully hopes, that

his severe losses and ruined circumstances, his general

exemplary conduct, his uninterrupted loyalty, and his many

unrequited services, will have due weight with this honourable

Court, in mitigation of punishment; he also relies that

considerations additionally stimulating to forgiveness, will

animate his judges, when it is stated, that deponent to this

moment has received no recompence whatever, for his many

patriotic exertions and ruinous sacrifices; and above all,

that in consequence of his not having succeeded in obtaining a

respite of the judgment for a short time, he has been

prevented from experiencing the benefit of important

affidavits, which he anxiously expected from other persons.

_Charles Random De Berenger._"

_Mr. Topping._ I was of Counsel with Mr. Serjeant Best on the trial; I

am not furnished with any affidavit on the part of Mr. Butt.

_Mr. Butt._ I came into Court, my Lord, expecting the privilege of

asking for a new trial, upon certain facts which I have put down in my

pocket-book.

_Lord Ellenborough._ You are not in time to move for a new trial.

_Mr. Butt._ I know I am not, my Lord; I was merely going to explain----

_Mr. Justice Le Blanc._ If you appear by Counsel, your Counsel had

better state what you have to suggest.

_Mr. Topping._ I have no instructions on the subject.

_Mr. Butt._ I hope you will forgive my importunity in begging for a few

moments to address you, having never been before in a court of justice,

either as plaintiff or defendant; that I trust will plead my apology. If

you will hear me, I shall be much obliged to you.

My Lords; I have been tried for conspiring with other persons, to raise

the price of the public Government funds, and also for promoting

assistance to those measures, by the changing of notes, and various

other circumstances. I beg to assure your Lordships, that I do not

address you on the idea or wish of a mitigation of any punishment you

may think proper to inflict upon me; it is merely to express to you,

that my sole wish and desire is to claim the indulgence of the Court,

in permitting me to have a new and distinct trial, that I may clear my

character from the cloud with which it is now depressed, and which had

previously been without a blemish; as I am confident, if my case was

separated from other persons in the indictment, it would be the means of

my acquittal. It was my intention to have appeared in Court some days

since, to have made the same request which I now do of your Lordships,

had it not been for my Counsel informing me, that I should have been

committed directly I entered the Court; and that the defendants should

all appear before the Court could grant my request. This I found

impossible to accomplish; and I declare, that the defendants, Sandom,

Lyte, Holloway, and M'Rae, are all perfectly unknown to me; that I never

directly or indirectly had any knowledge or communication or ever saw

them in my life, neither did I ever see Mr. De Berenger more than two or

three times. I beg also to acquaint your Lordships, that the bank notes

which have been stated to have passed through my hands must, unavoidably

so have done, as I permitted, without thinking it any crime, at the

solicitation of my friends, that all drafts connected with the Stock

Exchange business should be paid in my name, whether I was in London or

not; and I did at any time change notes, or lend Mr. Johnstone money, as

a temporary accommodation, when he wished it; and yet it is a fact, that

I had never seen Mr. Johnstone till the 2d of January last. But it is

impossible for me, and certainly a case of hardship, that I should be

answerable for the manner in which those notes might be disposed of

afterwards. There appears no one witness on the trial, that can give any

extraordinary reason for my having paid the notes alluded to by Mr.

Johnstone; for I might, hundreds of times, have paid notes to an equal

amount to him, or to any other man.

My own conscience clears me of the offence laid to my charge, and so

far was I from avoiding investigation, that I courted it, and instructed

my Counsel not to take advantage of any flaw, should there appear one in

the indictment, but to force the trial to issue.

I can only, my Lords, accuse myself of one fault, if it can be so

called, that of being too generous and unguarded upon money affairs. I

shall not intrude myself any further upon your Lordship's time, only

assuring you, that the magnitude of my concerns in the funds, upon which

so much stress has been laid, was not, according to my calculation, any

thing extraordinary, neither was the sum I held on the 21st February, an

act of premeditation, my concerns being as extensive before that period

as at that time, and my profit upon that day, which has been so much

exaggerated, was only £.1,300, instead of £.3,000, as stated by the

counsel for the prosecution. Whatever your Lordships decision may be

respecting myself, I shall bow with submission, feeling conscious of my

innocence of the charge upon which I have been found guilty.

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 37 / 53 题