Chapter XII: Part 12

_Mr. Brougham:_--Yes, they are, my Lord; he proved the handwriting himself.

[_The following Letters were read:_]

"Glo'ster Hotel, Piccadilly,
6th April 1814.

"My Lord,

"Although I have not the honour of your acquaintance, I beg
leave to address you, to solicit an interview with your
lordship, for the purpose of explaining a conversation I had
with Mr. De Berenger, a few days prior to the hoax of the 21st
February last, and which must be interesting to you. If your
lordship will condescend to appoint an hour, I will not fail
attending punctually at your house, or elsewhere.

I have the honour to be,
my Lord,
your Lordship's most obedient
humble servant,
_Js Le Marchant_."

Rt. Hon. Lord Cochrane,
&c. &c. &c.

"Glo'ster Hotel, Piccadilly, London,
7th April 1814.

"My Lord,

"I had the honor yesterday to address your lordship, for the
sole purpose of giving you that information you are not aware
of; and knowing my letter was delivered (your lordship being
at home when it was presented at the door), I beg to say, that
I am now justified, from your silent contempt and defiance
thereof, _to make my information public_; and which I should
not have done before consulting you on that head, my sole wish
being to state facts, and not to be considered acting
underhand. As I feel exonerated from the last charge, and
being in a certain degree called on to give my evidence
relative to 21st February last; and as the rank I hold in
society will _give weight_ to my _testimony, with the
witnesses_ I shall bring forward on the occasion, I feel
justified in the steps I am about to take, nor can your
Lordship blame me in so doing, understanding the business in
question will be brought before Parliament on a future day. I
am sorry to have intruded myself on your Lordship's notice, by
addressing you yesterday; but, to be correct, I thought it my
duty to inform you by this, what have been and are my
intentions.

I have the honour to be,
my Lord,
your Lordship's most obedient
humble servant,
_J. Le Marchant_."

Rt. Hon. Lord Cochrane, M.P.
&c. &c. &c.
No. 13. Green-street, Grosvenor-square.

"13, Green-street, April 8th, 1814.

"Sir,

"I should have hoped, circumstanced as I am, and attacked by
scoundrels of all descriptions, that a gentleman of your
understanding might have discovered some better reason than
that of "silent contempt," to account for the delay of a few
hours in answering a note; the more particularly as your note
of the 6th led me to conclude, that the information offered to
me was meant as a mark of civility and attention, and was not
on a subject in which you felt any personal interest.

I am, Sir,
your obedient servant,
_Cochrane_."

Colonel Le Marchant,
Glocester Hotel.

"Glo'ster Hotel, Piccadilly,
"8th April 1814.

"My Lord,

"I ask your Lordship's pardon for my letter of yesterday, and
which was written under the supposition of being treated with
silent contempt. To convince you of the high respect I have
for your Lordship, I have the honor to enclose to you a
statement of what I know relative to the 21st February; and I
also now declare solemnly, that no power or consideration
shall ever induce me to come forwards as an evidence against
you, and that all I know on the subject shall be buried for
ever in oblivion. Thus much I hope will convince you I am more
your friend than an enemy; as my testimony, corroborated by
the two officers, would be of great import, not (believe me)
that I myself doubt in any wise your Lordship's affidavit, but
De Berenger's conversation with me would to your enemies be
positive proof; as for my part, I now consider _all that man
told me to be diabolically false_. If my conduct meets your
approbation, can I ask for a reciprocal favour, as a temporary
_loan_, on _security_ being given.--I am just appointed to a
situation of about £.1,200 a year, but for the moment am in
the greatest distress, with a large family; you _can_ without
risk, and have the _means_ to relieve us, and I believe, the
_will_ of doing good. Necessity has driven me to ask your
Lordship this favour. Whether granted or not, be assured of my
keeping my oath now pledged, of secrecy; and that I am with
the greatest respect,

My Lord,
your Lordship's most obedient,
humble servant,
_Js Le Marchant_."

Right Hon. Lord Cochrane,
&c. &c. &c.

_Js Le Marchant's_ Statement and Conversation with _R. de
Berenger_.

"I became intimately acquainted with De Berenger about
eighteen months ago, and have continued so till a few days
prior to the hoax of 21st February last. He was in the habit
of calling on me at the Glo'ster Coffee House, Piccadilly; and
did so frequently, between the 10th and 16th of last February.
He generally called late in the evening, saying he had dined
with Lord Cochrane: Once he called about noon, stating he had
breakfasted with his Lordship, had been with him on particular
business, and was to return to dinner: he mentioned being very
intimate with Lord Cochrane and the Hon. C. Johnstone; that
they were kind friends to him, with whom he frequently dined.
In his apartments, in the rules of the King's Bench, he
shewed me the devices he was drawing for Lord Cochrane's lamp
invention. The last time he called upon me, it was very late;
he appeared elated somewhat by drinking, having (as he said)
dined with his Lordship; and in consequence of there being
company, he could not then shew Lord Cochrane a copy of a
memorial he had written to the Duke of York, praying to be
given field officer's rank, and to be appointed to be sent out
under Lord Cochrane, for the purpose of instructing the
marines in rifle exercise; that his Lordship was very anxious
to have him on board of his ship; that he objected going,
unless with field-officer's rank, hoping to procure a
majority; and that Lord Cochrane had said he would try and get
him a lieutenant-colonelcy. De Berenger shewed me his memorial
to the Duke, the head of which not being in propriâ formâ, I
corrected; it was very long, and related to the losses his
family had sustained as American loyalists; also on the cause
of his first coming over to England. On my asking him, if the
Duke of York was to appoint him, how he could extricate
himself out of his difficulties and leave the Bench, he
answered, '_All was settled on that score; that in consequence
of the services he had rendered Lord Cochrane and Mr. C.
Johnstone, in devising, whereby they had and could realize
large sums by means of the funds or stocks, Lord Cochrane was
his friend, and had told him a day or two ago, that for those
services his Lordship had, unknown to him (De Berenger) kept a
private purse for him, placing therein a certain per-centage
on the profits Lord Cochrane had gained through his stock
suggestions; and that now this purse had accumulated to an
amount adequate almost to liberate him from the Bench._' When
he said this, he appeared overjoyed, and said it in such a
manner as to make me credit him. He remained with me this said
evening, drinking hollands and water, till near two o'clock
in the morning. On his leaving me, I thought of the
conversation, especially that part which related to the funds,
and conceived, from the numerous stock-jobbing reports,
whereby the funds raised or were depressed, that he must have
been deeply concerned in it. A few days after the 21st of
February, it was whispered that Lord Cochrane was concerned in
the hoax. Immediately, De Berenger's former conversation with
me forcibly occurred to my mind, and I then mentioned to two
friends, with whom I was in company, (_and this prior to Lord
Cochrane's affidavit, or De Berenger's name being mentioned_),
that I would lay my existence De Berenger was the sham Colonel
De Bourg, and I stated my reasons for supposing so.
Recollecting myself afterwards, I made them, as officers,
pledge their oath and word of honour, that what I had said on
the subject they would never repeat, or even hint at; and I am
most fully persuaded they have not. The same day, but prior to
the conversation above mentioned, the hoax being the topick in
the coffee-room, I said, I thought I knew more than any one
relative thereto, except the parties concerned, but I never
mentioned any name whatever; yet some days after, I received
two anonymous twopenny-post letters, recommending my giving up
my information, either to Ministers or the Members of the
Stock Exchange Committee; that I might depend on their
secrecy, and an ample reward, in proportion to my report: of
course these letters were left unnoticed. As soon as I
suspected De Berenger to be Colonel De Bourg, I called twice
on him, but could not get admittance; I also gave one of the
officers above alluded to, a letter of introduction to De
Berenger, for him to gain information on the rifle
manoeuvres: he called; was not admitted; left the letter;
and, as well as myself, has heard nothing since of De
Berenger.

"To the whole of this I can solemnly make oath; and I am sure
I can bring the two officers in question to swear to what I
said to them, and _the time when_, although I have never since
spoken to them on that subject.

_Js Le Marchant._"

_The Right Honourable Lord Viscount Melville sworn._

_Examined by Mr. Scarlett._

_Q._ Your lordship is acquainted, I believe, with Admiral Sir Alexander Cochrane?

_A._ I am.

_Q._ I believe that Sir Alexander Cochrane has been lately appointed upon a distant service?

_A._ He has.

_Q._ Does your lordship recollect any application made to you by Sir Alexander Cochrane, on behalf of Mr. De Berenger?

_A._ I recollect Sir Alexander Cochrane, several times, more than once I am certain, applying to me, that Mr. De Berenger might be allowed to accompany him in his command, to remain with him on the North American station, to which he was appointed.

_Q._ Does your lordship recollect about what time those applications were made?

_A._ I do not recollect as to the precise time, but it was a short time before Sir Alexander Cochrane sailed upon his command.

_Q._ Does your lordship recollect about what time Sir Alexander Cochrane sailed?

_A._ I think I should say about five or six months ago; but I am not at all positive.

_Q._ Does your lordship recollect the particular service that Sir Alexander Cochrane recommended the gentleman for?

_A._ Sir Alexander Cochrane was desirous that this gentleman should accompany him, for the purpose of instructing, either a corps to be raised in that part of the world, or the royal marines, in the rifle exercise; and afterwards, when Sir Alexander Cochrane wished that an officer of engineers should accompany him, and when I stated my knowledge, from other circumstances connected with His Majesty's service, that it would be difficult to give him that assistance, from the small number of engineer officers that could be procured, Sir Alexander Cochrane mentioned, that as an engineer officer, he would be quite satisfied with Mr. De Berenger.

_Q._ Does your lordship recollect, whether any particular rank was necessary or usual to accompany such an appointment, or whether it was solicited by Sir Alexander Cochrane?

_A._ I think there was, but I am not positive; I recollect perfectly explaining to Sir Alexander Cochrane, that as far as related to His Majesty's naval service, I could not agree to the appointment; and I recommended to Sir Alexander Cochrane to apply to the Secretary of State, or the Commander in Chief, stating, that if they agreed to it, I should have no objection to Baron De Berenger's accompanying Sir Alexander Cochrane.

_Q._ Was Lord Cochrane appointed to a vessel to join Sir Alexander Cochrane afterwards?

_A._ He was.

_Q._ The Tonnant?

_A._ Yes; I think he was appointed before Sir Alexander Cochrane sailed; but of that I am not positive.

_Q._ Before Sir Alexander sailed to join him upon that station?

_A._ Yes; I am not quite positive about that, but it was very nearly about that time.

_Mr. Park._ I had my Lord Melville as a witness in my brief, not knowing that my friend would call him; I should have called his lordship to these facts, if my friend had not.

_Lord Ellenborough._ Your lordship has no personal knowledge of Mr. De Berenger?

_A._ No.

_Colonel Torrens sworn._

_Examined by Mr. Brougham._

_Q._ You are secretary to the Commander in Chief?

_A._ I am.

_Q._ Do you remember any application being made in the department with which you are connected, in behalf of Captain De Berenger?

_A._ I do.

_Q._ About what time was that?

_A._ It was in the latter end of December, or the beginning of January.

_Q._ Do you recollect by whom the application was made?

_A._ Sir Alexander Cochrane.

_Q._ What was the purport of it?

_A._ Sir Alexander came to me twice, I think, if not three times, to urge the appointment of Mr. De Berenger to go to America, for the purpose of applying his talents as a light infantry officer, to the service on which Sir Alexander Cochrane was about to embark.

_Q._ Were any difficulties started to this application?

_A._ Great difficulties.

_Q._ What objection was made to it?

_A._ I represented----

_Lord Ellenborough._ I do not know to what point this applies?

_Mr. Brougham._ Merely that it confirms the statement made by Lord Cochrane, and shows a connexion between the different parties, consistent with that statement.

_Lord Ellenborough._ It shows that he was acquainted with Sir Alexander Cochrane, and that he recommended him to the appointment; we are not trying the propriety or impropriety of the orders of Government?

_Mr. Brougham._. No, my lord; but Lord Cochrane's statement refers to the difficulty itself.

_Lord Ellenborough._ But what the difficulties were is not at all material; it would be going into that with which we have nothing to do?

_Mr. Gurney._ I do not object to it.

_Mr. Brougham._ I will not enter into it, my lord. In consequence of those difficulties which were felt, the appointment did not take place?

_A._ It did not.

_Q._ But the appointment, in consequence of this application, came under the consideration of the Commander in Chief's office?

_A._ Certainly.

_Q._ Were those difficulties, without asking what they were, particularly personal to Captain De Berenger?

_Lord Ellenborough._ No; that we cannot ask.

_Mr. Park._ It goes to character?

_Lord Ellenborough._ Then put the question to character at once; you must not go indirectly into it, if Colonel Torrens knows his character at all.

_Mr. Park._ You do not know, personally, his character?

_A._ I do not, personally.

_Q._ Are you acquainted with the hand-writing of Mr. De Berenger?

_A._ Not in the least.

_Q._ You have never seen him write?

_A._ I never did.

_Q._ Have you received letters, purporting to be from him upon subjects of business, and have you answered and acted upon those letters?

_A._ I do not recollect, since I have been military secretary ever to have received any.

_Q._ He had been, I believe, in the rifle corps of the Saint James's.

_A._ I believe he had.

_Lord Ellenborough._ Do you know him, personally?

_A._ I know nothing of him, personally.

_Henry Goulburn, Esq. M. P. sworn._

_Examined by Mr. Serjeant Best._

_Q._ You are under secretary of state for the colonial department?

_A._ I am.

_Q._ Can you tell us, whether any and what application was made to your department for Mr. De Berenger going abroad with Lord Cochrane?

_Lord Ellenborough._ The terms of the application I think we cannot hear; I do not think Government secrets (when I say secrets, I mean the detail of them) ought to be stated; we cannot go further than the fact, that an application was made.

_Mr. Serjeant Best._ That is all we want, my lord; was any application made to the colonial department?

_A._ Yes; there was.

_Q._ By whom?

_A._ By Sir Alexander Cochrane.

_Lord Ellenborough._ All this must have been in writing, I should think?

_A._ Yes, it was.

_Lord Ellenborough._ You have laid this basis, that there had been some application, and that it had been in contemplation, that he should go out as connected with the service.

_Mr. Park._ That is all we wish, we want to show a connexion with the Cochranes, without this illicit connexion.

_Lord Ellenborough._ No doubt there had been an intimacy and connexion; whether for good or ill is the question?

_Mr. Serjeant Best._ And this confirms in terms the statement contained in the affidavit of Lord Cochrane.

_William Robert Wale King sworn._

_Examined by Mr. Scarlett._

_Q._ What are you by business?

_A._ A tin-plate worker.

_Q._ Were you employed, in the course of last summer and this last winter, by Lord Cochrane, respecting the making him any lamps?

_A._ Yes, I was.

_Q._ What was the business on which you were employed?

_A._ In the manufacture of signal lanthorns and lamps.

_Q._ For the use of the navy?

_A._ Yes.

_Q._ Was it a new sort of lamp?

_A._ Yes; for which Lord Cochrane has since obtained a patent.

_Lord Ellenborough._ A patent cannot be proved in that way.

_Mr. Scarlett._ My friend, Mr. Gurney, has intimated to me that he will not object to it. Was his Lordship in the habit of coming to your manufactory, while you were so employed?

_A._ Nearly every day.

_Q._ Do you recollect his lordship being there on the 21st of February last?

_A._ Yes.

_Q._ Where is your manufactory?

_A._ No. 1, Cock-lane, Snow-hill.

_Q._ Do you recollect about what time in the morning he came?

_A._ Between ten and eleven it was that he was with me.

_Q._ Was there any particular time when he was accustomed to come?

_A._ That was about the time he usually came.

_Q._ Do you remember the circumstance of any note being brought to him by the servant, whilst he was there?

_A._ Yes, I do perfectly well.

_Q._ Were you present when the note was delivered to him?

_A._ I was.

_Q._ What did his lordship do on receiving that note?

_A._ He immediately opened it, and retired into the passage of the manufactory; he came into the workshop again, and shortly after went away.

_Q._ What time of the day was this?

_A._ Between ten and eleven.

_Q._ What time had his lordship been at your manufactory before the servant came?

_A._ It might be a quarter of an hour, but I cannot speak precisely to that.

_Mr. Park._ How far is Cock-lane from Grosvenor-square?

_A._ I should suppose a mile and a half.

_Q._ I should think it was two miles, did you ever walk it?

_A._ No; I do not know that I have.

_Lord Ellenborough._ That is not of much consequence, I should think.

_Mr. Gurney._ Any distance my friends please.

_Mr. Park._ It is of consequence when it comes to eleven o'clock, the stock was all sold by that time.

_Lord Ellenborough._ Did you see him read the note which he received?

_A._ I saw him read the note in the passage of the manufactory.

_Lord Ellenborough._ He made no observation upon reading it?

_A._ No; not that I heard.

_A Juryman._ Did it occupy any time?

_A._ No.

_Lord Ellenborough._ His Lordship did not make any observation upon reading it?

_A._ No; I think only that he said, Very well, Thomas.

_Mr. Bowering sworn._

_Examined by Mr. Brougham._

_Q._ What are you?

_A._ A clerk in the Adjutant General's office.

_Q._ Do you know whether Lord Cochrane's brother, Major Cochrane, was with the army in the south of France, at the beginning of this year?

_A._ He is so returned in the returns from the 15th hussars.

_Q._ About that time, do you also know, whether or not he was upon the sick list?

_A._ He is returned "sick present" on the 25th of January.

_Lord Ellenborough._ That return did not reach you on the 25th of January?

_A._ No.

_Lord Ellenborough._ When did it reach you?

_A._ I do not know; it was received in the regular course, but I cannot state the day.

_Mr. Brougham._ Over what space of time did that return extend?

_A._ From the 24th of December to the 24th of January.

_Thomas Dewman sworn._

_Examined by Mr. Scarlett._

_Q._ Are you a servant of my Lord Cochrane's?

_A._ Yes.

_Q._ Have you been an old servant in the family?

_A._ I have been so for about seventeen years.

_Q._ Do you remember carrying his lordship a note any morning in February, to Mr. King's lamp manufactory?

_A._ Yes, I do, perfectly well.

_Q._ Do you remember a gentleman coming to Lord Cochrane's house in a hackney coach?

_A._ Yes.

_Q._ Did you know the gentleman?

_A._ I had never seen him in my life before that time, nor yet since.

_Q._ Did the gentleman send you with a note to my lord?

_A._ Yes, he did; he first asked me where he was gone to, and I told him, he was gone to Cumberland-street to breakfast, because his lordship told me so.

_Q._ That was to his uncle's?

_A._ It was.

_Q._ Did you go to Cumberland-street after him?

_A._ I did.

_Q._ Not finding him at Cumberland-street, where did you go to seek him?

_A._ I came back to our house in Green-street, with the note; I informed the gentleman who had written the note, that he was not there; and the gentleman said, Pray do you know where he is gone to, or where his lordship could be found? I told him, I thought I could find him, but I thought I might be too late; for when his lordship went out, he said to me, Thomas, after you have got your breakfast, follow me, with that globe glass, to Mr. King's; I had been there.

_Q._ You had been to Mr. King's before?

_A._ Yes; on Saturday I went with some things, and this globe glass I should have taken on Saturday, but I forgot it.

_Q._ His lordship having told you to follow him with this globe glass to Mr. King's, you supposed he might be there?

_A._ Yes.

_Q._ Was that the reason for taking the note to him there?

_A._ Yes; I told the gentleman that I most likely should find him at Mr. King's, as I was going to follow him there with this glass; whether this gentleman had come or not, I should have gone there with this glass.

_Q._ You took the note with you?

_A._ He took the note from me, and said, I will add two or three more lines to it.

_Q._ Did you take the note to his lordship at Mr. King's?

_A._ I did.

_Q._ Did you see him there?

_A._ I did; I enquired of Mr. King's men--

_Q._ I did not ask you whether you enquired of Mr. King's men, but, whether you saw him there?

_A._ I did.

_Q._ Did his lordship read the note in your presence?

_A._ He did.

_Q._ Did you leave him there, at Mr. King's?

_A._ I left him at Mr. King's.

_Q._ Had his lordship another man-servant at that time?

_A._ Not in Green-street; no one but me.

_Q._ Where was his other servant?

_A._ His other servant was at his lordship's country seat, near Southampton, and had been there two or three months before that.

_Q._ Had he discharged any servant?

_A._ Mr. Davis he had given warning to, a month after his lordship was appointed to the Tonnant?

_Q._ When did Davis quit him?

_A._ Davis left him about two days, or three days it might be, before he went into Green-street; his time was up then, but he was in Green-street.

_Lord Ellenborough._ For what purpose is this?

_Mr. Scarlett._ Only to shew that we cannot find this person.

_A._ Davis was not in his lordship's service at that time, but he happened to be in the kitchen when the gentleman came.

_Q._ What is become of Davis?

_A._ He is gone with Admiral Fleming, to the West Indies.

_Mr. Park._ Do you recollect what time of the day this gentleman came to your master's?

_A._ As near ten as possible; I think a little past ten.

_Q._ It was so late as that, when he arrived there?

_A._ Yes.

_Q._ You were hired to go into the country, in the room of my lord's steward, who was going to sea with him?

_A._ Yes.

_Lord Ellenborough._ I thought you had been in the family seventeen years?

_Mr. Park._ You had been with Lord Dundonald?

_A._ Yes; I was engaged with Lord Cochrane ever since last February.

_Q._ You were in Lord Cochrane's peculiar service only from February?

_A._ No.

_Q._ You said something about having been seventeen years in the service?

_A._ In the family.

_Q._ Chiefly with Lord Dundonald, the father?

_A._ Yes, and with two of his sons.

_Q._ You did not return home from King's immediately?

_A._ I did not arrive in Green-street till near two, having a father living in Castle-street.

_Q._ You do not know whether Lord Cochrane saw this person at his house when he came back, or how long they were together?

_A._ No, I do not.

_Mr. Serjeant Pell._ You have lived with Lord Cochrane several years?

_A._ No, in the family; only since Christmas with his lordship.

_Q._ Do you know the person of Mr. Holloway?

_A._ No, I do not, not even when I see him.

_Q._ Do you know a person of the name of Lyte?

_A._ No.

_Lord Ellenborough._ What did Lord Cochrane say or do when you gave him this note?

_A._ He said, "Then I must return."

_Q._ That was all that he said?

_A._ Yes; I saw him come out of Mr. King's.

_Q._ You know the different members of the family?

_A._ Yes.

_Q._ Do you know the major?

_A._ Yes, I attended on the major when he first went into the army.

_Q._ I mean Major Cochrane?

_A._ The brother of Lord Cochrane,--the younger brother.

_Q._ The brother who is in Spain or France?

_A._ Yes, he was there lately.

_Q._ All that Lord Cochrane said was, "Well, Thomas, I will return?"

_A._ Yes, that was all that he said.

[_Mr. Poole, of the Patent Office, was called, but did not
answer._]

_Mr. Gurney._ I will admit the patent to be of any date you please.

_Mr. Brougham._ It is a patent for the invention of a lamp; the date is 20th of February.

_Mr. Gurney._ I will take my learned friend's word for that.

_Mr. Brougham._ That is the case on the part of my Lord Cochrane.

_Mr. Scarlett._ The next witness is to the case of Mr. Cochrane Johnstone.

_Mr. Park._ I shall use him also.

_Mr. Gabriel Tahourdin sworn._

_Examined by Mr. Scarlett._

_Q._ How long have you known Mr. De Berenger?

_A._ About five or six years.

_Q._ Were you the person that introduced him to Mr. Cochrane Johnstone?

_A._ I was.

_Q._ How long ago?

_A._ In May 1813.

_Q._ You were well acquainted with Mr. Cochrane Johnstone.

_A._ I had not been well acquainted with him at that time.

_Q._ Do you know, whether Mr. Cochrane Johnstone, at that time, was in possession of a garden or some premises at Paddington?

_A._ Yes, in Alsop's Buildings.

_Q._ Which he was desirous of improving?

_A._ He was.

_Q._ What was the occasion of your introducing Mr. De Berenger to him?

_A._ It was mere chance.

_Q._ Did you, or anybody else, to your own knowledge, recommend Mr. De Berenger as a person who could assist him in planning that place?

_A._ I had previously introduced him: I will just state the circumstance that led to my introduction.

_Q._ I do not know that the circumstance is in the least material. You say the introduction was at first accidental; was there, in consequence of that accident, any connection with them, as to Mr. De Berenger assisting him in this plan?

_A._ Yes.

_Q._ The place was intended to be called Vittoria?

_A._ Yes.

_Q._ Did Mr. De Berenger employ himself in preparing a plan, as an artist?

_A._ He did, which plan is here (_producing it_).

_Lord Ellenborough._ The exhibition of the plan cannot be important, I should think.

_Mr. Scarlett._ It may become material, because Mr. Cochrane Johnstone had paid him for the plan.

_Lord Ellenborough._ Whether there were colonades, and so on, or not, I should think cannot be material.

_Mr. Park._ The production of the plan is necessary only, to shew that it is worth the money which was paid.

_Lord Ellenborough._ I only wish to avoid useless particularity; I do not wish to curtail you of the least particle of proper proof.

_Mr. Scarlett._ Do you know, whether, in the month of September in the last year, Mr. De Berenger had made considerable progress in that plan?

_A._ He had; he had nearly completed it.

_Q._ He had not quite completed it?

_A._ No.

_Q._ Do you know whether, shortly before Mr. Cochrane Johnstone went to Scotland in September, he made him any payment on account of that?

_A._ He did, through my medium.

_Q._ Besides the plan, had De Berenger prepared a prospectus, with a full and minute description of the objects of the design?

_A._ He had.

_Q._ Had he got that printed?

_A._ He had; he made him one payment of £.100.

_Q._ Do you know that Mr. Johnstone had got a number of his prospectus, to take with him to Scotland?

_A._ He had.

_Q._ In the month of September, last year?

_A._ Yes, early in October; the first or second of October, I think.

_Q._ Do you know of any payment made by Mr. Johnstone since that time, upon account of that plan?

_A._ Yes; it was not made by me.

_Q._ Were you present when it was made?

_A._ No.

_Q._ I understood you to say, you knew that the payment was made?

_A._ By letters.

_Q._ Were the letters sent to you?

_A._ Yes.

_Q._ They passed through your hands?

_A._ Yes, they did.

_Lord Ellenborough._ The moment it gets into a letter, that moment the parol statement ends.

_Mr. Scarlett._ Certainly, my Lord. Do you know whether any application was made by Mr. De Berenger after the plan was completed, for payment?

_Mr. Gurney._ Were you present?

_Mr. Scarlett._ Or did you convey any draft?

_A._ Yes, I conveyed a letter, and I spoke several times.

_Q._ To Mr. Johnstone.

_A._ Yes, upon the subject of the paying him for the plans.

_Q._ Without at present alluding to any letter, do you know what was the price that De Berenger asked for the remainder of the plans?

_A._ No price, I believe, was ever stipulated; no price was ever fixed till February last. Mr. Johnstone and myself had repeated conversations on the subject of the price of the plans, and as to the remaining sum that he should pay him.

_Q._ You made repeated applications to Mr. Johnstone to pay him?

_A._ I did, always in a delicate way, not saying, that Mr. Berenger required so much; but he requested I would take a mode of giving a hint to Mr. Johnstone, as to the payment; a hint he was always ready to take.

_Q._ Have you any means of knowing what was the money Mr. Johnstone did pay him?

_A._ Yes, I think I have.

_Q._ When was the payment?

_A._ In February.

_Lord Ellenborough._ At what time in February.

_A._ Mr. Johnstone sent me a letter on the 22d of February, enclosing a letter to him from Mr. De Berenger.

_Mr. Scarlett._ He sent to you, on the 22d of February, a letter he had received from Mr. De Berenger?

_A._ He did.

_Q._ Did you keep the letter?

_A._ I did, here it is (_producing it_).

_Lord Ellenborough._ De Berenger's letter was enclosed in one of Mr. Cochrane Johnstone's?

_A._ Yes.

_Q._ Were the letters by the post? had they any post-mark upon them?

_A._ No; this letter was delivered.

_Q._ The delivery and date were cotemporary with the transaction, namely, about the 22d of February?

_A._ Yes, it was on the 22d of February I received it.

[_The letters were read, and are as follow._]

"18, Great Cumberland-street,
"22d February 1814.

"My dear Sir,

"I have received the enclosed letter from the Baron; and as I
mean to pay him this week for his plans, pray let me know if
you have advanced him any money on my account, in addition to
the £.50, which I paid him on account last year. You will
perceive that he wishes a loan of £.200, in addition to this
sum, and that he offers me as security, Colonel Kennedy's
assignment. I have told him, that if this sum can be of real
service to him, I will advance it to him, I will take his note
for the amount; and if he is ever able to repay me, good and
well; if not, I shall have had the satisfaction of serving
him.

"As I shall receive the middle of next month a considerable
sum of money, you will oblige me very much, if you will have
the goodness to let me know, what it would cost me to purchase
an annuity for the mother of my three natural children. I wish
to settle £.200 a year upon her, and £.100 a year upon each of
them; her age is 23, past; my eldest boy will be five years
next May, the second boy four years next October, and the
third one year next April; they are all healthy. I have in my
will made a provision for them, but I wish to alter this mode
of settlement for them, from motives of delicacy to my
daughter, Miss Cochrane Johnstone, as I would not wish to
insert their names along with hers.

"I will send you as soon as possible the statement about Lady
Mary Lindsey Crawford, to enable you to give the answer to the
bill in chancery.

"Pray settle my account with Dawson and Wrattislaw, as I wish
to clear off all demands upon me as soon as possible.
Whatever sum you say they ought to receive, I will pay them. I
hope you are expediting the Wendover papers.

Believe me to be,
my dear Sir,
yours respectfully,
_A. Cochrane Johnstone_."

Addressed to
Gabriel Tahourdin, Esq.
King's Bench Walk,
Temple.

"London, February 22d 1814.

"My dear Sir,

"I beg to assure you, that I would not have complained to you
of the disappointment and inconvenience which Colonel
Kennedy's unreasonable delay of completing the purchase of the
share in the oil patent created, had it not reached your ears
from other quarters. I cannot agree with you, that his "want
of cash" is a sufficient excuse; because in that case, he
ought to have stated that instead of artificial reasons. Had
he completed his contract at the price agreed on, namely,
£.1,500, I should be liberated from this place, and be able to
equip myself for the American expedition (which I do not
relinquish) without encroaching on any friend.

"You have often kindly pressed me to let you know what would
satisfy me for the two plans, MS. &c. connected with them. I
really have never made a charge of this kind, and am at a loss
how to calculate, much less to make a demand; but those who
can perceive the labour, time, difficulties and contrivance,
which the awkwardness of the ground created, may better be
able to say, if £.250 for every thing, is unreasonable. At all
events, it is not a charge, but I leave it to you; and in case
you deem it extravagant, am ready to submit the whole to the
valuation of any competent person. What regards the drawing,
planning and superintending, Donovan, and the brass-cutter,
in completing the two pieces of furniture, I am determined not
to accept any thing for; these you must (forgive a strong
word) do me the favour of accepting.

"Should Colonel K. not come to town, I shall feel greatly
obliged by your assisting me with the above sum, in the course
of a week. Pray favour me by calling on Mr. G. Tahourdin, in
order to see the conditions of the assignment, which lays
there, executed by me. He will also show you the Colonel's
extraordinary letters, and all my answers; at least I imagine
that he has, if not all, most of them.

"Could I in the course of seven or eight days (in addition to
the £.250) procure about £.200, either from the Colonel or
from you, on account of Colonel K's. £.1,500, for which you
might hold the assignment as a security, I should be enabled
to proceed immediately to the Tonnant; for I still think Lord
Cochrane might obtain leave for my going _on board_, at all
events; I yet have hopes, though his lordship seemed in doubt;
perhaps you will obligingly urge his endeavours. I fear a much
greater difficulty, for I have heard it hinted, that some
creditors, fearful of my going to America (which I have too
openly talked of), contemplate to lodge detainers against me.
Among these however, Mr. Tahourdin is _not_; for I thought it
my duty to tell him, and he handsomely consented to my
endeavours against America, as the only means to recover from
my many losses.

"My plan is to go on board, if possible, with a view to begin
to drill the marines in rifle-shooting and exercise, and _any_
of the crew in sword, pistol and pike use; if my creditors
pursue me there, I could draw for the balance of £.900, to
silence some of them (I mean after taking from £.1,500, £.200,
to refund to you, in case you now oblige me with an advance,
and £.400, to protect my securities for the rules); and if
this cannot be completed with the Colonel time enough, and for
which reason I flatter myself that you will assist me with
your friendly interference, I see but one mode, that of going
abroad the moment I find my creditors hostile; for although I
may find £.350 to £.400, to pay the rules, I cannot find means
in haste to satisfy the rest, although I have offered to
assign considerable properties. In the latter case, might I
not from abroad proceed to America, there to join the Admiral,
as a volunteer, and at my own risk.

"Forgive my anxious and tedious suggestions, which your own
feeling heart, and friendly interest in my future successes,
have in some degree courted, and grant me your pardon for not
attending to your good humoured hint about long letters. Even
should you refuse my request, in regard to the £.200, I shall
be thankful for your reply; but if it should convey your
consent, the sum shall immediately be employed towards the
honest but hazardous service of your country, although it
hesitates by proper rank, and otherwise to encourage my loyal,
and I trust zealous endeavours. Forgive the sound but frank
style of this letter, owing to disappointments which would be
intolerable, if the recollection of your kindness did not curb
and relieve him, who must ever gratefully subscribe himself
with unalterable esteem,

dear Sir,
your faithful and obliged,
humble servant,
_C. R. De Berenger_."

To the
Hon. Cochrane Johnstone,
&c. &c. &c.

P.S. Apropos.--You have paid me £.50. on account;--may I
trouble you to tender my most respectful assurances to Miss
J.; that I hope most sincerely to hear that her indisposition
discontinues. Should you no longer want the books, perhaps
the bearer may bring them. Will lowness of spirits be received
as an apology for this slovenly letter and crippled sheet?

_Lord Ellenborough._ This does not appear to have come by the twopenny post?

_Mr. Park._ No my Lord; but there is an indorsement upon it.

_Lord Ellenborough._ De Berenger was in the King's Bench; he had not servants to send with it?

_Mr. Park._ Yes, my Lord; it is sworn to by the Davidsons, that he had a man and a woman servant.

_Lord Ellenborough._ Probably he sent one of them, as you propose to call them, perhaps they may prove that.

_Mr. Scarlett._ There is a reference in that letter to an assignment of some property that De Berenger had?

_A._ Yes.

_Q._ Was such an assignment prepared at your office?

_A._ It was; it was an assignment from Mr. De Berenger to Colonel Kennedy.

_Q._ What was the subject of the assignment?

_A._ It was an assignment of a share of a patent.

_Mr. Gurney._ We are getting so very wide of evidence, that I must object, which I am very loth to do.

_Mr. Scarlett._ There was something referred to, that might be a security to Mr. Johnstone.

_Lord Ellenborough._ That refers to something which is the real thing; that is all you can prove by this witness.

_A._ Yes, it does, my Lord.

_Mr. Scarlett._ Mr. Johnstone having written you that letter which has been read, to ask your opinion about De Berenger, did you state to him what was your opinion, as to his power of extricating himself?

_A._ I had some conversation with Mr. Johnstone, as I had had several times.

_Q._ In consequence of the letter which has just been read?

_A._ Yes; I replied to the letter shortly, and I had conversation with him in consequence.

_Lord Ellenborough._ Do you know whether Mr. Johnstone made any answer to the letter?

_A._ To the Baron? I really do not.

_Mr. Scarlett._ Is that your answer to Mr. Johnstone? (_shewing a letter to the witness._)

_A._ Yes, it is.

_Mr. Scarlett._ If your Lordship will allow that to be read.

_Lord Ellenborough._ When did you write that?

_A._ I wrote that the 23d of February, the day after I received the letter.

_Q._ It is addressed to Mr. Cochrane Johnstone.

_A._ It was sent to Mr. Cochrane Johnstone.

_Q._ How came your answer to be in your hands?

_Mr. Scarlett._ It was handed over by us just now; it was given me by Mr. Cochrane Johnstone's attorney.

[_The letter was read, as follows:_]

"My dear Sir,

"In reply to your favour of yesterday, I beg to inform you,
that the only sum I have paid the Baron on your account, since
you advanced him the £.50, is a trifle of about £.7 or £.8,
which he paid for the printing of the prospectus's of
Vittoria. You are very kind in assisting him so much; I have
done it till my purse is empty; but had it been otherwise, I
would still have assisted him to the extent of my means,
notwithstanding the little foolish difference between us.

"I will attend to your wishes respecting the annuities, I will
settle with Dawson and Wrattislaw as speedily as possible.

"The Wendover business is proceeding; but I am awkwardly
circumstanced, not having all the documents before me; in Lady
M. L. Crawford's business I should wish to attend with you on
the spot. Pray excuse haste

I am, dear sir,
your's faithfully
_Gabl Tahourdin_."

Temple,
23d Feb. 1814.

_Lord Ellenborough._ Where is the cover of this letter: the cover should be produced, for letters of this sort may be written after their date, and one wishes to have some external thing that cannot deceive; there is no post-mark to any of these letters.

_Mr. Scarlett._ Did you write that letter on the day of which it bears date?

_A._ Yes, I did; it was not sent by the post, I believe; I cannot charge my memory, whether it was or not?

_Q._ I see there is a lady alluded to, Lady Mary Crawford Lindsey; was she a tenant to Mr. Cochrane Johnstone?

_A._ No, she was not a tenant; she had purchased a house of his.

_Q._ There was a business to settle with her?

_A._ Yes.

_Q._ Do you know the fact, that in consequence of this correspondence which has been read, Mr. Johnstone did pay Mr. De Berenger any sum of money?

_A._ Only from the parties having acknowledged, the one the having paid it, and the other the having received it.

_Q._ You were not present when the money was paid?

_A._ No, I was not.

_Q._ Was there any receipt taken for the money?

_A._ Yes, there was.

_Q._ Did you take the receipt?

_A._ No, I did not.

_Lord Ellenborough._ Did you see it at the time of the receipt?

_A._ There were two receipts at the time.

_Q._ Do you know of its existence, by seeing it at the time when it purports to bear date?

_A._ A little afterwards; a few days afterwards.

_Q._ When did you first see it?

_A._ A few days afterwards; I really believe the £.50 receipt I handed myself to Mr. Johnstone, but I cannot charge my memory with it.

_Lord Ellenborough._ You saw it in the month of February, or when?

_A._ The £.50 receipt, which was in September or October, I believe I handed over to Mr. Johnstone myself; the other I did not.

_Mr. Scarlett._ When did you first see the other receipt; was it in February?

_A._ I think within two or three days after it was given.

_Lord Ellenborough._ Have you both the receipts there?

_Mr. Scarlett._ We have, my Lord.

_Lord Ellenborough._ Then hand them in, if he proves that he saw them about the date?

_A._ This receipt of the 20th of September 1813, I handed myself over to Mr. Johnstone.

[_It was read, as follows._]

"London, Septr 20, 1813.

"Received of the Honble Cochrane Johnstone, the sum of fifty
pounds (by the hands of Gabl Tahourdin, Esq.) on account of
large plans, &c.

"_C. Random De Berenger._"

----------
£.50 -- --
----------

_Mr. Scarlett._ You have another receipt in your hands, that bears date the 26th of February?

_A._ Yes.

_Q._ That money did not pass through your hands?

_A._ No.

_Q._ When did you first see that receipt?

_A._ In three or four days afterwards, when Mr. Johnstone called upon me; Mr. De Berenger and I were not at that time upon favourable terms; that will account for my not having delivered it over to him.

[_It was read, as follows._]

"London, February the 26th, 1814.

"Received of the Honble A. Cochrane Johnstone, the sum of two
hundred pounds, being the balance of some drawings, plans and
prospecti, delivered.

"_C. R. De Berenger._"

-----------
£.200 -- --
-----------

_Mr. Scarlett._ I observe, that in that correspondence there is mention made, besides the payment of £.250 of a loan of £.200?

_A._ Yes.

_Q._ Were you present at the passing of any money?

_A._ No, I was not.

_Q._ When did you first see that paper? (_handing one to the witness._)

_A._ I saw it at the same time with the last receipt for £.200.

_Q._ What is it?

_A._ A note of hand for £.200.

_Q._ You saw that two or three days after it bears date?

_A._ Yes, I did.

[_It was read as follows._]

£.200 -- --
----------- "London, February the 26th, 1814.

"Six Months after date, I promise to pay to the Honble A.
Cochrane Johnstone, the sum of two hundred pounds.

"_C. R. De Berenger._"

Payable at Gabl Tahourdin, Esq.
No 8, King's Bench Walk, Temple.

_Mr. Scarlett._ With respect to those letters you received from Mr. Johnstone, do they contain your indorsement upon the back of them?

_A._ I think they do.

_Q._ Is that your handwriting upon the back of that letter? (_shewing it to the witness._)

_A._ It is.

_Q._ Was it written by you at the time you received it?

_A._ Yes.

_Lord Ellenborough._ What letter is that?

_A._ The letter of the Baron to Mr. Johnstone, of the 22d of February.

_Lord Ellenborough._ You wrote it on the same day?

_A._ I cannot say on the same day, but within a few days; when I doubled up the papers that lay on the table, with other documents.

_Mr. Scarlett._ Is it your habit, when you lay letters by, to endorse the date.

_A._ Yes, uniformly; but not on the day of receiving them; I let them lie till they accumulate unpleasantly.

_Lord Ellenborough._ If a man sends you letters enclosed from other persons, do you indorse the letters sent to you inclosed; that is no part of the correspondence with you?

_A._ No, it is not.

_Q._ Then I should apprehend, you would not usually do it?

_A._ I have done it differently; I have said "De Berenger to Johnstone."

_Q._ But you give it a date?

_A._ I have dated it above those words, as usual.

_Q._ When you receive a letter, you authenticate the period of receiving it, but not the date of a letter received by another.

_A._ I generally do; I enclose it in the letter to which it refers.

_Mr. Scarlett._ Was it so done in this instance?

_A._ It was.

_Lord Ellenborough._ Have you any letter-book?

_A._ I do not keep a letter-book; but I keep my letters very regularly tied up.

_Mr. Scarlett._ You have heard the contents of the letter from De Berenger to Mr. Johnstone read.

_A._ Yes.

_Q._ That refers to some documents in your hands, to serve as a security to Mr. Johnstone, in case he should require them?

_A._ Yes.

_Q._ Is it your usual practice, when letters of that sort are sent to you, to make the sort of endorsement you have done when you lay the letters by?

_A._ It is.

_Lord Ellenborough._ I only asked him as to the inclosure. If I received a letter, I should endorse the date of my receiving it as authenticating the fact; but I should not put the endorsement of the date upon the enclosure, for I know nothing of the date, whether it was received on that day or not; the gentlemen of the jury know whether that is the habit of business or not.

_A Juryman._ Is the date you have endorsed upon the enclosure, the date of your receiving it or the date of the letter?

_A._ The date of the letter.

_Lord Ellenborough._ Certainly it is not regular to authenticate the date of a letter, to which you are not privy; that is all my observation upon it.

_Mr. Scarlett._ Besides those plans you now produce, do you know whether there were other and subordinate plans drawn for the details of that same scheme?

_A._ Yes, there were.

[_Examined by Mr. Park._]

_Q._ You have been a great while the attorney of Mr. De Berenger, and known to him?

_A._ Five or six years.

_Q._ Were you known to him before you were known to Mr. Cochrane Johnstone?

_A._ Yes.

_Q._ Did you become security for the Rules for this gentleman before you knew Mr. Cochrane Johnstone?

_A._ Some months.

_Q._ Then it was not at Mr. Cochrane Johnstone's desire that you became a surety for the Rules for this person?

_A._ Certainly not.

_Q._ Was Mr. Cochrane, who, I understand from Mr. Brushoft, was your co-surety, any relation of Mr. Cochrane Johnstone?

_A._ No.

_Lord Ellenborough._ That has been proved over and over again; nobody made an observation upon it.

_Mr. Park._ I beg your Lordship's pardon; there could be no other motive, I conceive, in calling Mr. Brushoft.

_Lord Ellenborough._ I understood him to be called to prove, that Mr. Tahourdin was a surety for the defendant; I never heard an observation made upon Mr. Cochrane, as being a relation.

_Mr. Park._ Are you acquainted with the hand-writing of your client, Mr. De Berenger?

_A._ Perfectly.

_Q._ That letter, or those letters lying before his Lordship, which have been proved, I think you say they are his hand-writing?

_A._ There is only one.

_Q._ Have you ever seen that letter before you saw it yesterday? (_handing to the witness the letter sent to Admiral Foley._)

_A._ Never; I just saw it yesterday, and that was all.

_Q._ Upon the knowledge you have of the hand-writing of Mr. De Berenger, is that, in your judgment, the hand-writing of Mr. De Berenger or not?

_A._ Certainly not.

_Lord Ellenborough._ Be upon your guard.

_Mr. Park._ Be upon your guard, and look at it attentively. You have many times seen and read his letters?

_A._ A thousand times, and received a thousand letters from him.

_Q._ And you do not believe it to be his hand-writing?

_A._ I do not indeed; it is not his hand-writing.

_Lord Ellenborough._ That is the Dover letter?

_Mr. Park._ Yes it is, my Lord. If your Lordship will look at that and the other letter, you will see a marked difference.

[_The witness compared the two letters._]

_Lord Ellenborough._ The gentleman may look at the two letters; but that furnishes no argument, for a person would certainly write a disguised hand at that time, if ever he did in his life. This gentleman does not go on belief that it is not, but he swears positively that it is not his hand-writing.