Chapter XXIII: Appendix: VIII

King’s Bench, July 25th, 1814.

GENTLEMEN,—In consequence of what passed in the House of Commons on
Tuesday last, I feel it my duty to call upon you, as my solicitors on
the late trial, for answers to the following questions:—

Did I ever give you, in writing, any other instructions for the brief,
than a few observations contained in one sheet of paper, which was
afterwards endorsed by you, “Minutes of Case”?

Was not the description of De Berenger’s dress as contained in those
minutes, namely, “a grey great-coat, without any trimming, and a green
coat, or a coat with a green collar, under it,” understood by you to
have reference to what could be proved only, and not to imply a doubt
in my mind as to the colour of the under coat, but merely to intimate
that the witnesses might only be able to speak to the colour of the
collar, on account of the body of the coat having been concealed by
the great-coat?

Did not I, at your request, send my servants, Thomas Dewman and Mary
Turpin, to your office to be examined by you preparatory to your
drawing the brief? And were not you previously in possession of my
affidavit, in which the coat worn by De Berenger in my presence on the
21st of February, is sworn to have been green? And were not you aware
that my said servants had also made affidavits that the officer they
saw at my house on that day wore a grey great-coat, buttoned up, with
a green collar underneath?

Did you not particularly question them as to the colour of the
under-coat? Did you not expressly ask them whether it was a red coat?
And whether they could swear that it was not a red coat? which they
could not, because it was worn under a great-coat, which was buttoned
up.

Was it not in consequence of repeated questions that they were induced
to admit that the under-coat might be red? Did either of my servants
admit that any part which he or she SAW of the under-coat was red?

Did you not, in consequence of the examination of my servants, insert
in the brief that the under-coat worn by De Berenger was a red coat
with a green collar?

Did you ever call my attention to _that_ part of the brief, by word or
letter? And do you really believe that I was privy and consenting to
the fact of my counsel being authorised by the brief to admit that
coat to be red, which I uniformly declared to you was green, and which
I had sworn to be green?

Did you read the whole of the brief to me, or merely detached parts?
Did I peruse it myself in your presence, or to your knowledge? Did you
ever, previous to the trial, furnish me with a copy of it?

Did I ever make any alterations in the depositions of the servants, or
in any part of the brief, relative to what they could depose on the
important subject of De Berenger’s dress? Did I ever desire you to
re-examine them on that point?

Did I ever, as far as you know and believe, give instructions to my
counsel? Did I ever attend any consultation? Was not my defence mixed
with Mr. Johnstone’s contrary to my orders? and did you inform me that
Mr. Johnstone’s counsel, and not my own, was to plead my cause?

Was I not, as far as you know and believe, absent from London for near
three weeks, previous to and up to the Monday preceding the trial?

Did you ever call the attention of the counsel, by word or letter, to
the difference between the statement in the brief and the affidavits
of myself and servants, respecting the dress of De Berenger? When did
the counsel, to the best of your belief, discover that difference?

Did I not send my servants to Guildhall on the 8th of June, the first
day of the trial, to be examined? Did I not send you a note by them,
to inform you that I had sent them for that purpose? Did I not send
them again on the second day of the trial? and did I not write to you
on that day, particularly requesting that they might be examined? When
did you receive my second letter? Was it not prior to the close of my
defence? and if subsequent, was it not at least several hours prior to
the close of De Berenger’s defence? Had the counsel, to your
knowledge, resolved at all events not to examine my servants? Did you
communicate to me such their determination? Have you any reason to
believe that I had the least knowledge, prior to the trial being
closed, that my servant would not be, or had not been, examined?

If I had been informed that the counsel had refused to examine them,
might I not have gone into Court, and personally demanded the
examination of my witnesses?

I am, &c.
COCHRANE.

Messrs. Farrer & Co.

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Lincoln’s Inn Fields, Aug. 3, 1814.

MY LORD,—We were duly honoured with your Lordship’s letter of the 25th
ult. requiring our answers to many questions relating to the late
prosecution; but after what has passed, and the communications we have
already made, we hope your Lordship will agree with us in thinking,
that it would be highly improper in us now to answer any more abstract
or partial questions. We have, agreeably to your uncle’s desire, made
out, and now beg leave to inclose you our bill in that business, in
which you will find most of the facts to which your questions relate
stated as they occurred.

We are, &c.
FARRER AND CO.

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