Chapter III: Part 3

Gentlemen, these letters call for more than one observation; I cannot forbear to make one upon the term which Mr. Cochrane Johnstone employs to describe this transaction--"A HOAX," a mere joke, a matter of pleasantry. Gentlemen, a young, a giddy, an unthinking and careless man, who had no concern in the transaction, and who had never been suspected to have had any, might perhaps, in conversation, make use of that term; but Mr. Cochrane Johnstone is not young, he is not giddy, he is not unthinking, he is not inexperienced, he has seen much of the world, he is a cautious man, he is a man of high and noble family, he knows that he is suspected of having been a party in this transaction, and yet he calls it a HOAX! I beg to know what word in Mr. Cochrane Johnstone's vocabulary is to be found to express FRAUD? I presume he would call obtaining money by false pretences, an indulgence of the imagination, and playing with loaded dice, a mere exercise of ingenuity. Is it possible for any innocent man, situated as Mr. Cochrane Johnstone then was, to describe this foul fraud by the name by which Mr. Cochrane Johnstone here describes it? But, Gentlemen, look at the proposal itself; what must Mr. Cochrane Johnstone have thought of the Stock Exchange Committee? surely he must have thought that they were selected for their extraordinary gullibility, when he made this proposal to them. Undoubtedly they would have had no objection to the assistance of an accomplice, but it must not be an accomplice chosen by his associates. No, Gentlemen, an accomplice chosen by his associates is not chosen to divulge, but to suppress the truth. I should have thought that Mr. M'Rae, knowing that they had complete proof against him--which had been obtained at a cheaper rate than £10,000 might have made a more moderate proposal. I should have thought that impunity for himself, which is the common price of an accomplice, would have been sufficient to have had the evidence of Mr. M'Rae, but Mr. M'Rae's price is ten thousand pounds; his worthy companions are willing to contribute three--that is, they will give him three thousand, and will obtain for him seven thousand more; and I have no doubt, that if the offer had been accepted, Mr. M'Rae would very honestly have earned the whole, and have duly recollected to whom he was obliged for it.

Gentlemen, when Lord Cochrane, a few years ago, was preparing for an attack upon the French fleet in Basque Roads, suppose the French admiral had sent this letter to him:--Sir, You are preparing to attack me to-morrow, the bearer is the best pilot on our coast, I should be sorry that you should run upon a rock, he will pilot you safely, do but accept his services; but as his skill is great his price is high--he requires ten thousand pounds; but so anxious am I for the success of your enterprize, that I will give him three if you will but give the other seven.

Gentlemen, this is the modest proposal which Mr. Cochrane Johnstone makes to the Committee of the Stock Exchange; and when he has so done he affects to be extremely angry that the Committee do not accept it.--Gentlemen what can be said more; what men would have resorted to this expedient but men who felt that they were on the eve of detection, and who tried this desperate expedient to see whether they could ward it off.

Gentlemen,--I believe I have now arrived at the end of my long trespass upon your attention. Survey the whole of these transactions. You find that the principals,--those who were to benefit above all others, were the Cochranes and Butt; Holloway in a smaller degree, but still not slightly;--De Berenger the principal agent;--the others, subordinate agents, who could have done nothing unless the foundation had been previously laid by De Berenger, in the character of the officer from Dover; his news had had its effect upon the funds even before the second arrived. Though it cannot be shewn, as in many cases it cannot, that these parties met and conferred and assigned to each his respective part, yet if you find a coincidence in object, and a coincidence in time; if you find the mode of execution precisely the same, is it possible to doubt that these underplotters were the agents of the great conspirators;--That the great conspirators were the authors of the plan, and that the others were executing their subordinate part?

Gentlemen, I have given you the best assistance in my power to understand and apply the evidence which will be laid before you. They whom I represent, have no wish but that justice should be done; they have investigated this subject with great care, with great assiduity, with great diligence, with great anxiety. They have had no personal difference with any of these defendants; they have never come in collision with them, to have the smallest possible difference; they have no wish but justice, and I am sure that at your hands they will attain that justice; and your verdict to day, (which I am sure after you shall have heard the whole of this case, will be a verdict of guilty,) will be a most salutary verdict:--It will shew the world that as there is no man beneath the law, so there is no man above it. It will teach evil minded persons, the absurdity of expecting that schemes of fraud can be so formed as to provide for all events. It will teach them that no caution can insure safety: that there is no contrivance, that there is no device, no stratagem, which can shield them from detection, from punishment, and from infamy.

EVIDENCE FOR THE PROSECUTION.

_John Marsh sworn._

_Examined by Mr. Bolland._

_Q._ I believe you keep the Packet Boat public house at Dover?

_A._ I do.

_Q._ Was your attention called to any thing early on the morning of the 21st of February?

_A._ No more than a gentleman was knocking at Mr. Wright's door of the Ship Inn, at Mr. Wright's fore door.

_Q._ What time?

_A._ Some time about one, or a little after one, between one and a quarter after one.

_Q._ Did you go out upon hearing that?

_A._ I did.

_Q._ Did you take any light with you, or did you go without one?

_A._ I went without a light.

_Q._ Upon going out whom did you find at Mr. Wright's door?

_A._ Some gentleman there.

_Q._ What was his appearance?

_A._ He appeared to be a gentleman.

_Q._ What was the appearance of his dress?

_A._ He had on a grey greatcoat and a uniform coat under it.

_Lord Ellenborough._ Was there light enough by the moon or the stars for you to see this?

_A._ After I got to the door, I called to a gentleman in my house to bring two lights across, when I had the two lights, the gentleman was in the passage.

_Mr. Bolland._ Do you mean the gentleman you had seen at the door?

_A._ Yes; he had a star on his red coat.

_Lord Ellenborough._ That coat you describe as a uniform coat, was a red coat?

_A._ Yes it was.

_Mr. Bolland._ That was under the great coat?

_A._ Yes.

_Q._ Will you look at this star, (_shewing it to the witness_,) and tell me whether it was like that?

_A._ That I cannot tell, it was something similar to that.

_Q._ Had he any other ornament?

_A._ Not to my knowledge.

_Q._ Did you say any thing to him or he to you?

_A._ He was very anxious for a post chaise and four.

_Q._ Did he apply to you for that?

_A._ No not to me in particular.

_Q._ Who had come down to him?

_A._ The porter at the Ship.

_Q._ Had you any conversation with him?

_A._ He wanted an express horse and a man to send to the Admiral at Deal.

_Q._ Did all this pass in the passage, or had you proceeded further?

_A._ It passed in the passage.

_Q._ Did he proceed into the house?

_A._ I asked him where he came from, and he told me he was the bearer of the most important dispatches that had been brought to this country for these twenty years; I asked him where he came from; he told me from France. I asked him where he landed, he told me on the Beach, and he begged of me to get a post chaise and four for him; and then I went and called Mr. Wright of the Ship Inn; after I came down from calling Mr. Wright, he wanted pen, ink, and paper.

_Lord Ellenborough._ He went into the Ship Inn, did he?

_A._ I shewed him into a room of the Ship Inn. As soon as Mr. Wright came down stairs, Mr. Wright gave me a sheet of paper, and pen and ink, which I carried into the room. I gave it to him, and he began to write upon it.

_Q._ You saw him write upon it?

_A._ I did. He called for a bottle of Madeira, and something to eat. I asked him whether I should call the collector of the port; I told him that it was his business to see such people when they landed; he made answer to me, that his business did not lie with the collectors; then Mr. Wright came to him, and I had no more conversation with him.

_Mr. Bolland._ You say two candles were brought to you?

_A._ Yes.

_Q._ Where were those candles placed?

_A._ On the table where he was writing, one on each side of him.

_Q._ Had you an opportunity from the situation of them of observing his person and face?

_A._ Yes, I think that is the person, (_pointing out Mr. De Berenger_.)

_Mr. Gurney._ I will thank Mr. De Berenger to stand up.

_Mr. Park._ Not unless his Lordship desires it he need not stand up.

_Lord Ellenborough._ He will make his election whether he will stand up or not.

_Mr. Park._ He is not to be shewn about like a wild beast as he has been.

_Mr. Bolland._ Who else was there?

_A._ A gentleman of the name of Gourley, and another of the name of Edis.

_Q._ Did you see another person there of the name of St. John?

_A._ I did not know him, they say there was such a person there.

_Q._ Was there another gentleman in the house?

_A._ Yes there was.

_Q._ Did you go away or remain with him?

_A._ I went to get the horses ready for him with all possible dispatch.

_Q._ Did you see him get into the chaise?

_A._ I saw him after he was in.

_Q._ Did any thing more pass in your presence?

_A._ No more than that he told the two postboys he would give them a Napoleon each.

_Q._ Did you observe how his head was dressed?

_A._ He had a German cap on with a gold fringe on it or silver; I did not pay that attention to it to say which, it had gold lace round the bottom part of it.

_Q._ Was it such a coat as that, (_shewing a grey coat to the witness_.)

_A._ Yes, such a color as that.

_Q._ And such a cap as that, (_shewing a fur cap to the witness_?)

_A._ Such a cap; but whether that was the cap I did not pay attention.

_Q._ Have you told his Lordship all that you saw and heard?

_A._ Yes.

_Q._ Did he tell you how he got to the beach?

_A._ No, he told me he landed on the beach.

_Cross-examined by Mr. Park._

_Q._ What are you to this Ship Inn, I do not quite understand?

_A._ I live opposite.

_Q._ Are you any way connected with the Ship Inn?

_A._ Not in the least.

_Q._ How came you, hearing a knocking at Mr. Wright's Ship Inn, particularly to get up?

_A._ I was up.

_Q._ What had you to do with the Ship Inn, that because a man is knocking at the Ship Inn door you light candles at your house and carry over?

_A._ I went across to see who the gentleman was.

_Q._ Merely curiosity?

_A._ Mere curiosity.

_Q._ And from the same spirit of curiosity you lit two candles and brought them over to the Ship Inn?

_A._ I told a person to bring them over.

_Q._ Was it very beautiful moonlight that night?

_A._ No it was not moonlight.

_Q._ Was there any moon that night; had there been that night at all?

_A._ I did not pay that attention to the night to say.

_Q._ It was beautifully starlight I suppose.

_A._ I do not know, I did not pay that attention.

_Q._ Was it a foggy night?

_A._ That I did not look after.

_Q._ You will see by the Almanack it was new moon the night before; you did not observe whether it was moonlight, starlight, or foggy?

_A._ No.

_Q._ You found he had got into the passage of the house when you got the candles?

_A._ Yes.

_Q._ Who let him in?

_A._ The boots.

_Q._ Did you see him?

_A._ Yes in the passage.

_Q._ How long did you converse with him about the news that you say he said was greater than had ever been heard of for these twenty years from France? All that passed in the passage?

_A._ Yes.

_Q._ How long a time might you be in the passage?

_A._ Not longer than five minutes before I went to call Mr. Wright.

_Q._ Do you mean you were with him only five minutes before you went up stairs to call Mr. Wright, or altogether?

_A._ Altogether I suppose about that, I cannot speak to a minute; but he was in great haste to get away.

_Q._ How long do you think this person was altogether at Mr. Wright's?

_A._ I should think not more than twenty minutes.

_Q._ Where were the candles all this time you were in the passage with him?

_A._ I had them in my hand.

_Q._ What did you do with them when you went up to Mr. Wright?

_A._ I left them with him in the parlour; boots got me a candle.

_Q._ You held the candles in your own hand while you remained in the passage?

_A._ Yes, while the boots unlocked the parlour door, and I went and put them on the table.

_Q._ Before you went up stairs?

_A._ Yes.

_Q._ Had the person who you say was this gentleman gone into the parlour before you went up stairs?

_A._ Yes he had.

_Q._ I take for granted when you came down stairs and Mr. Wright got the paper you did not go in again?

_A._ No; he wished me gone, and I did not go in again.

_Q._ Then altogether, except for seeing him for five minutes in the passage, and you going into the parlour for the short time you did, and afterwards when you saw him in the post chaise, and when he offered the postboys a Napoleon each you did not see him?

_A._ No.

_Q._ You had nothing to do personally with this inn called the Ship?

_A._ No, I keep the Packet Boat opposite.

_Q._ Do you know whether there had been a large company at the Ship Inn that day?

_A._ I do not know.

_Q._ You had not seen Mr. Wright the innkeeper late in the evening of that day, had you?

_A._ No.

_Q._ Had you ever seen this person who you say is the gentleman sitting before me before that time?

_A._ Not before, nor yet since, till to-day.

_Q._ And from this slight observation of him, which you have described, you take upon you confidently to swear that this person sitting before me is the man?

_A._ Yes.

_Q._ Never having seen him before nor again till this day?

_A._ I am very well satisfied.

_Q._ You are very easily satisfied I see; were you ever examined upon this subject before?

_A._ Mr. Stowe, the collector--

_Q._ I do not ask as to Mr. Stowe, but were you ever examined in London before?

_A._ No, never.

_Q._ Mr. Stowe is the only person who has examined you upon this subject till my learned friend has done it now, and I cross-examine you?

_A._ Yes.

_Re-examined by Mr. Bolland._

_Q._ Before you sent for the lights, had the gentleman told you what his business was, and that he had landed from the Beach?

_A._ He told me before I sent for the lights; I was in the passage with him at the time till the lights came.

_Q._ Was your attention particularly called to him as a stranger of some importance?

_A._ Undoubtedly.

_Q._ You have said you had not seen the person before whom you have pointed out?

_A._ No.

_Q._ Did any body suggest to you that that was the person when you saw him?

_A._ No, it was by myself in the hall.

_Q._ Did you know him when you saw him?

_A._ The instant I saw him.

_Q._ Had you the least doubt upon your mind of his being the man?

_A._ Not the least.

_Thomas Worthington Gourley sworn._

_Examined by Mr. Bolland._

_Q._ You are a hatter at Dover I believe?

_A._ I am.

_Q._ Were you at Mr. Marsh's, the Packet Boat, on the morning of the 21st of February?

_A._ I was.

_Q._ Was your attention called to any thing in particular on that morning?

_A._ Yes it was, after Mr. Marsh went out first and called for lights, I took two candles and went across with him to the Ship.

_Q._ On getting to the inn what did you perceive?

_A._ I perceived a gentleman in a grey coat, a pepper and salt coloured coat, more properly speaking.

_Q._ Look at that coat, and tell me whether it was like that?

_A._ Something similar to that.

_Q._ Did you remark any other part of his dress?

_A._ Not at that time.

_Q._ Tell us what passed when you went over?

_A._ Mr. Marsh asked me to go and call the ostler up, and tell him to get a post chaise and four immediately.

_Q._ Had the stranger said any thing in your presence?

_A._ Not at that time.

_Q._ Did you do so?

_A._ I did.

_Q._ Did you return back again?

_A._ After some considerable time--I was sometime in getting the ostler up.

_Q._ Where did you find the stranger on your return?

_A._ I found him in the parlour.

_Q._ Were there any lights in the room?

_A._ There were.

_Q._ How were the lights placed with reference to him, and what was he doing?

_A._ There were two candles on the table, the gentleman was walking about, he had got a uniform dress on I perceived then.

_Q._ What was the colour of that dress?

_A._ Red, trimmed with gold lace, with a star upon his breast.

_Q._ Did you perceive any other ornament?

_A._ No I did not, to notice it.

_Q._ Did you make any remark upon the dress of his head?

_A._ He had got a cap on.

_Q._ Was it like that cap?

_A._ Something similar to that.

_Mr. Park._ Does your Lordship think they ought to be exhibiting these paraphernalia; it appears to me something like a novelty exhibiting such things in a Court of Justice till the proof has gone further?

_Lord Ellenborough._ The witness has said he had a cap on, and so on.

_Mr. Park._ If they had asked was it that cap I should not object to it if they were prepared to prove that was the cap, but they might send to Covent Garden wardrobe and fetch all these things?

_Mr. Gurney._ I undertake to prove by the person who made the dress for De Berenger, that these are fac similes of the articles of dress made for him.

_Mr. Park._ You stated that very expressly and very clearly.

_Lord Ellenborough._ Unless his recollection goes to their being such things, I think it would not go far; it is a thing that occurs every day, I have seen it twenty times at the Old Bailey.

_Mr. Park._ It assists the recollection of the witness, which I say my learned friends are not entitled to do.

_Lord Ellenborough._ When the witness has given a previous description of the dress, it is very usual to ask wherein does it differ, or what sort of a thing is it--they must first lay the foundation for the production which I think they have done in this case.

_Mr. Bolland._ Had he a cap upon his head similar to that?

_A._ Yes he had.

_Q._ Had that gold lace on?

_A._ It had.

_Q._ You say the gentleman was walking up and down the room?

_A._ Yes.

_Q._ Did he say any thing in your presence?

_A._ I asked him what the news was.

_Lord Ellenborough._ How came you to ask that?

_A._ Because I had heard Mr. Marsh say he was a Messenger come over.

_Mr. Bolland._ Did he reply to that?

_A._ He told me that Messengers were sworn to secrecy, but that he had got glorious news he had brought over to England, the best that ever was known for this country.

_Q._ Had you any further conversation with him?

_A._ He rung the bell and called for a pen, ink and paper, to write a letter to send off to the Admiral at Deal.

_Q._ Was that brought to him?

_A._ It was, and he was writing the letter some little time while I was there, and I bid him good night after that.

_Q._ Did you take leave of him before he had finished the letter?

_A._ I did.

_Q._ Where were the candles during the time that he was writing the letter?

_A._ On the table.

_Q._ Were they sufficiently near him to enable you to observe him?

_A._ Yes they were.

_Q._ Can you point out to the Court that person who wrote that letter on that night?

_A._ Yes.

_Q._ Will you point him out?

_A._ Yes, that is the gentleman (_pointing to De Berenger_.)

_Q._ Have you any doubt upon your mind of that?

_A._ None in the least.

_Cross-examined by Mr. Richardson._

_Q._ You did not come over until you were called for by Mr. Marsh to bring candles?

_A._ No I did not.

_Q._ You were immediately sent to order horses, were you not?

_A._ Yes, I went and called the ostler up.

_Q._ I think you state that you were absent some time in performing that service?

_A._ Yes, I was some little time before I could wake the ostler.

_Q._ You left the candles in the passage with Mr. Marsh?

_A._ Yes.

_Q._ You handed the candles to him, and went immediately to call the ostler?

_A._ Yes.

_Q._ It was not till after you returned, having been absent some little time that he rung the bell and ordered pen, ink, and paper.

_A._ Yes.

_Q._ That order was given in the parlour, not in the passage?

_A._ Yes.

_Q._ Did you see him write upon the paper?

_A._ Yes, I did.

_Q._ You are a hatter?

_A._ Yes.

_Q._ There is a hatter's club at Dover, is there not?

_A._ Not that I know of.

_Q._ Were you up at this time when this transaction took place, or did you get up for the purpose?

_A._ I was up at the time.

_Q._ Had you any particular meeting on that day?

_A._ No, nothing particular, only I was smoking a pipe with Mr. Marsh.

_Q._ At one o'clock?

_A._ Yes, a little after one, it was between one and two o'clock I stopped there after two o'clock, I stopped some considerable time after the gentleman was gone away.

_Q._ He was not there above a quarter of an hour, or twenty minutes, was he?

_A._ I cannot tell, it might be a quarter of an hour or it might not.

_Q._ He was in a great hurry to get off, and went off as soon as the horses were ready?

_A._ He did.

_Q._ Had you dined at the Packet Boat, or at the Ship on that day?

_A._ No, I had not.

_Q._ Have you seen that gentleman from that time till to-day?

_A._ No, not from the time I saw him at Dover till to-day.

_Q._ Have you not been at London to be examined?

_A._ No.

_Q._ You have heard a great deal about this transaction?

_A._ Yes, it has been in every body's mouth.

_Q._ I take for granted you talk about these things as we do in London?

_A._ Yes we do.

_Q._ And read the newspapers that have been full of this thing for a long time?

_A._ I frequently read the newspapers.

_Re-examined by Mr. Bolland._

_Q._ How long had you an opportunity of observing him?

_A._ Perhaps I might be in the room three or four minutes.

_Q._ During that time, was your attention called to him?

_A._ Yes, on account of the glorious news he said he had brought.

_Q._ It was a welcome face at Dover?

_A._ Yes, it was indeed, and that made me take more notice than I should have done.

_A Juryman._ Had he a cap on all the time you saw him?

_A._ No, he had not.

_Mr. Park._ It was only three or four minutes altogether?

_A._ I beg your pardon; I did not say it was only three or four minutes, I was asked whether it was three or four minutes, and I said I had no doubt it was.

_A Juryman._ Are you sure that is the man?

_A._ That is the gentleman that I saw there.

_Lord Ellenborough._ You have no doubt whatever?

_A._ No, I have none in the least.

_Eliott Edis sworn._

_Examined by Mr. Bolland._

_Q._ You are a cooper in the victualling yard at Dover, are you not?

_A._ Yes.

_Q._ Were you, on the morning of the 21st of February, at the Packet Boat?

_A._ Yes, I was.

_Q._ Was Mr. Gourley there with you?

_A._ Yes.

_Q._ Was your attention called to any thing particular on that morning?

_A._ Yes, a messenger arrived.

_Q._ Did you see the messenger?

_A._ Yes.

_Q._ Where did you first see him?

_A._ At the Ship.

_Q._ Was he in a room, or in the passage of the Ship, at the time?

_A._ In a room.

_Q._ At the time you first saw him, how was he occupied, what was he doing?

_A._ He was walking up and down the room.

_Q._ Did you make any observation on his dress?

_A._ He had a grey coat--his great coat.

_Q._ Did you observe the other coat that he had on?

_A._ He had regimentals; scarlet, trimmed with gold.

_Q._ Had they any other ornament on them?

_A._ I did not particularly take notice.

_Q._ Do you recollect how his head was dressed?

_A._ A cap, with a gold band about it.

_Q._ Will you look at that coat which lies there?

_A._ That is the color of it.

_Q._ How was the cap made?

_A._ A slouch cap.

_Q._ Where was the band?

_A._ Round it.

_Q._ Of what did the cap appear to be made?

_A._ It appeared to be made of a kind of rough beaver; I do not know whether it was black or brown.

_Q._ It had the appearance of rough beaver?

_A._ Yes.

_Mr. Bolland._ Will you now shew him the cap?

_Mr. Park._ I think it should be more described before it is shewn to him; this is a totally different description; this may be very material.

_Mr. Bolland._ Then I will not shew him the cap at all.--Had the cap any flap to it?

_A._ Rather a flap round, as I thought--all round.

_Q._ I ask you, whether the cap was cut off without any rim to it, or had it a rim like a hat?

_A._ No, it had not a rim like a hat by any means.

_Q._ Had you any conversation with him?

_A._ No.

_Q._ You say that at first he was walking about the room?

_A._ Yes.

_Q._ Did he employ himself in any other way while you were there?

_A._ I saw him before I went away sit down to write.

_Q._ Did you hear him order a pen, ink, and paper?

_A._ No, I did not.

_Q._ Did he, in your presence, say any thing as to whom he was writing to?

_A._ No, I could hear him talk, but not to understand him.

_Q._ That was owing to your deafness?

_A._ Yes.

_Q._ Did he keep his cap on the whole time you were there, or did he take it off?

_A._ His cap was on while I was there.

_Q._ From the observation you made upon his person, can you point out who that person was whom you saw on that night; have you seen him? look round and see whether you see him here to-day.

(_The witness looked round the Court for some time._)

_A._ That is the gentleman (_pointing to De Berenger_.)

_Q._ Have you any doubt upon your mind about it.

_A._ No.

_Cross-examined by Mr. Park._

_Q._ Had you ever seen him before that night?

_A._ No.

_Q._ Have you ever seen him since?

_A._ No.

_Q._ How long did you see him?

_A._ I did not minute the time.

_Q._ Upon the whole, how many minutes do you think you can now say you saw him that night?

_A._ I might see him perhaps five or six minutes, or more. I was in the room twice.

_Q._ Were you there before Mr. Gourley, or after him?

_A._ I was in the room with him.

_Q._ Did you go over before Mr. Gourley, or after him?

_A._ After him--I followed him.

_Q._ Immediately?

_A._ Yes.

_Q._ Did you come away as soon as he did, or did you remain there after him?

_A._ I did not take particular notice of that; the door was open, and we went in and out as we liked.

_Q._ Will you tell us whether the word you used before was, that he had a flat cap, or a flap cap--had it not a flap to it?

_A._ It was a cap rather slouched down, no brim to it.

_Q._ How could it slouch down, if it had no brim to it? I do not understand that; if it had merely a crown to it that would go round the head, it would not slouch down.

_A._ It was drawn over his forehead.

_Q._ The round part of it was drawn down over his forehead?

_A._ Yes.

_Q._ Where have you been all the time that gentleman has been speaking?

_A._ What gentleman?

_Q._ Were you out of Court?

_A._ No, I was not out of Court.

_Q._ You have been behind?

_A._ Yes.

_Q._ Have you been in view of his Lordship all the time?

_A._ No.

_Q._ When did you come into Court; did you come in when Mr. Gourley was examining, or when Marsh, the former witness, was examining?

_A._ No, I was out of Court at that time.

_Q._ Had you left the Ship Inn before this gentleman, as you say it was, had left the Ship Inn and gone back to the Packet Boat?

_A._ No, I saw him start off.

_Re-examined by Mr. Bolland._

_Q._ Did you come into Court before you were called?

_A._ No.

_Mr. Park._ No, I give that up.

_Lord Ellenborough._ A deaf man is rather an awkward man to be an eaves dropper.

_Mr. Park._ I could not put so silly a question as that.

_Lord Ellenborough._ He is the very last man that one should suspect; he could not hear if he was in Court.

_Mr. Park._ If he had been as deaf as deaf could be, if he had seen a person point at the Defendant, that would have been sufficient for his purpose.

_Lord Ellenborough._ But you saw how he searched round the Court before he found him.

_Mr. Park._ But when I have a case presented to me I must do my duty, however painful it may be.

_Lord Ellenborough._ Certainly, it is my wish you should.

_The Cap was shewn to the witness._

_Mr. Bolland._ Was the cap like that?

_A._ It was in the same form as that.

_Q._ Was the lace like that?

_A._ It was like that; I cannot say that was the cap.

_Mr. William St. John sworn._

_Examined by Mr. Bolland._

_Q._ Where do you reside?

_A._ In Little Brook street.

_Q._ Were you at the Ship Inn at Dover, on the morning of the 21st of February?

_A._ I was.

_Q._ You were there as a guest--as a traveller?

_A._ I was.

_Q._ Was your attention called to any thing on that morning?

_A._ Yes, it was.

_Q._ Were you up in the morning, or had you retired to rest?

_A._ I had retired to rest.

_Q._ State to the Court what it was which excited your attention.

_A._ I think at a quarter past one, or somewhere thereabouts, I heard a violent knocking at the gate or door, and a person calling out for a post-chaise and four immediately. I got up and dressed myself as quickly as possible, and went down stairs. I met Mr. Wright, the landlord, and asked him----

_Q._ Do not state any thing that passed between you and Wright, unless the stranger was there.

_A._ I went into the coffee-room, I think it is called.

_Q._ Did you observe any body there?

_A._ I saw a gentleman in a military uniform.

_Q._ Will you state, if you recollect it, what his dress was?

_A._ He wore a scarlet coat, with long skirts, buttoned across, with a red silk sash, grey pantaloons, and a grey military great coat, and a seal-skin cap, I think it was a seal-skin cap, on his head, of a fawn colour.

_Lord Ellenborough._ You did not touch it to feel it, did you?

_A._ No; it had a gold band round it.

_Mr. Bolland._ Had he any ornament on his uniform?

_A._ There were some ornaments but I do not know what they were, something of a star on his military dress.

_Q._ How was he engaged at the time you first saw him?

_A._ He was walking up and down the room in a very good pace.

_Q._ Did any thing pass between you and him?

_A._ I asked a question.

_Q._ What question did you ask him?

_A._ I asked him about the arrival of a messenger, and he said, he knew nothing at all about it.

_Q._ What were the terms in which you asked him?

_A._ I asked him if he knew any thing of the arrival of Mr. Johnson, who was the Messenger expected.--He said, he knew nothing at all about him, and begged I would leave him to himself, as he was extremely ill. On my leaving the room, he requested that I would send in paper and pen and ink. I immediately retired, and met the landlord, Mr. Wright, coming into the room, I believe with the paper, pens and ink.

_Q._ Did you return into the room?

_A._ In a few minutes, I believe a few seconds afterwards, I did.

_Q._ How was he then occupied?

_A._ He was writing.

_Q._ Did he say any thing of what he was writing?

_A._ No.

_Q._ Did you afterwards hear him say any thing, or see him do any thing with the paper upon which he was writing?

_A._ No, I did not.

_Q._ Did you hear him say any thing to Mr. Wright?

_A._ No, I did not,--not in the room.

_Q._ Did you continue in the room during the whole time he was writing, or leave it?

_A._ I left it immediately.

_Q._ Did you again see him, and where?

_A._ At the door in the street, stepping into the carriage.

_Q._ Did you hear him say any thing there, or see him do any thing?

_A._ I asked him what the news was,--he told me it was as good as I could possibly wish.

_Q._ Did any thing more pass between you and him?

_A._ Nothing more.

_Q._ Did you see what he did with the paper upon which he was writing?

_A._ No, I did not.

_Q._ Did you hear any thing pass between him and any other persons?

_A._ No, I did not.

_Q._ Did you leave the place or did he go away first?

_A._ He went away first.

_Q._ Did any thing pass from that stranger or to him respecting the letter.

_A._ No, not that I heard.

_Q._ From the observation that you made upon that person, could you point him out?

_A._ Certainly.

_Q._ Look round the Court, and see whether he is here?

_A._ The gentleman is below me, (_pointing to De Berenger_,) this Gentlemen, who is writing here.

_Q._ Have you any doubt of it?

_A._ Not in the least.

_Q._ Had you seen him before that day?

_A._ This is the third time I ever saw him.--I saw him by accident in Westminster Hall, passing through the Hall.

_Lord Ellenborough._ Did you recollect him when you saw him there?

_A._ Immediately.

_Mr. Bolland._ By what accident was it that you saw him there?

_A._ I went down there.

_Q._ And there by chance saw him?

_A._ Yes.

_Q._ Were you desired by any body to go down?

_A._ A friend of mine asked me to go down. The fact is we were going to Newgate; having heard that he was gone to Westminster Hall, I went down there.

_Q._ Was he walking about the Hall, or where was he when you saw him?

_A._ I first saw him in the court.

_Q._ Was he alone, or were there other persons about him?

_A._ There were many persons about him.

_Q._ You have no doubt of the person?

_A._ I have no doubt.

_Q._ You recollect nothing of any letter?

_A._ No, I do not.

_Cross examined by Mr. Richardson._

_Q._ You told my learned friend you had seen this person three times;--once at Dover, and to day, and another time; by accident that was so--was it?

_A._ It was.

_Q._ Did you go to Newgate by accident?

_A._ No, I did not, I went there accompanied by a friend to see him; it was mere by chance that I went down to Westminster Hall.

_Q._ Do you call that an accident in your vocabulary?

_A._ I had no intention of going there ten minutes before.

_Q._ You did not go with your friend for the purpose of looking at him?

_A._ I went alone, I went with a friend to Newgate.

_Q._ You did not go to Westminster Hall for the purpose of looking at him?

_A._ I did.

_Q._ Do you call that an accident?

_A._ No.

_Q._ Did you not follow him to Westminster Hall for the purpose of looking at him?

_A._ Yes.

_Q._ Who was the friend who went with you to Newgate?

_A._ Mr. Oakes of the Stock Exchange.

_Q._ That was the day you knew he was to come to Westminster Hall for the purpose of pleading to this indictment?

_A._ I did not know any such thing.

_Q._ Were not you so informed when you got to Newgate?

_A._ I was.

_Q._ And then you followed him to Westminster Hall, and saw him pleading to this indictment?

_A._ I saw him in Westminster Hall.

_Q._ Did you not hear the officer read the indictment to him?

_A._ I was not in the Court, I think I just had my head in the inside of the curtain.

_Q._ Did you not hear the officer read something to him, and ask him whether he was guilty or not guilty?

_A._ I heard the Officer read something.

_Q._ And ask De Berenger whether he was guilty or not?

_A._ I heard him ask some question, but not what it was.

_Q._ That person was standing up in Court, under the Officer?

_A._ He was.

_Q._ You were not resident at Dover, I think?

_A._ No, I was not.

_Q._ What is your business in London?

_A._ I have a situation in a public charity.

_Q._ What is that?

_A._ The Irish Charitable Society.

_Q._ Are you Secretary to that?

_A._ No, Accountant.

_Q._ Is that your only line of business?

_A._ Yes.

_Q._ Have you nothing to do with the Stock Exchange?

_A._ No.

_Q._ You never had?

_A._ I do not understand that question.

_Q._ Have you ever had any thing to do with the Stock Exchange?

_A._ I have had some transactions in the Stocks.

_Q._ Have you ever acted as a Broker?

_A._ No, never.

_Q._ Your transactions in the Stocks have been entirely on your own account?

_A._ Yes.

_Q._ Buying and selling Stock upon your own account?

_A._ The fact is, I held some Omnium.

_Q._ And sold it again?

_A._ Yes.

_Q._ About what time?

_A._ I bought it before that time.

_Q._ When was it sold?

_A._ Some days after this transaction.

_Q._ You were in this room twice, I think you said?

_A._ Yes.

_Q._ When you first went down, you did not find your company acceptable?

_A._ The gentleman begged I would leave him, and I did so.

_Q._ Upon your oath, how long were you in the room at that time?

_A._ Not more than a minute.

_Q._ It might be less; you went immediately on his requesting you?

_A._ Yes, as soon as possible.

_Q._ The second time, you stated to my learned friend, you left the room immediately after you went in,--how long were you then?

_A._ I suppose a minute; I went up to the table and back again.

_Q._ You did not see him do any thing, but write a letter?

_A._ No.

_Q._ Had he his great coat and cap on, all the time you were with him?

_A._ Yes, I did not see him without them.

_Q._ It was a slouch cap we have heard it described?

_A._ No, it was not; it was a cap without any leaf at all to it.

_Q._ Coming over the forehead?

_A._ No, it fitted the head tight, but had neither a leaf or any thing else to it.

_Q._ What might be your business at Dover at that time?

_A._ I went down for the purpose of getting information.

_Q._ Was that for the benefit of the Irish Charitable Society?

_A._ No, certainly not.

_Q._ If it is not impertinent, for whose benefit was it?

_A._ One purpose was to send information to a newspaper.

_Q._ Another purpose, to send information to whom?

_A._ If any thing happened, such as the arrival of the preliminaries of a treaty of peace, which was expected, I should have come to London immediately.

_Q._ You would have gone to the Stock Exchange with it?

_A._ No, I should not, I have no connexion with the Stock Exchange.

_Q._ Upon your oath, you would not have communicated it to the Stock Exchange?

_A._ I should not.

_Q._ It was by Mr. Oakes's desire, you say, that you went to Newgate,--was it by his desire you went to Dover?

_A._ It was not.

_Q._ Did he know of your going to Dover?

_A._ He did not.

_Q._ By whose desire did you go down?

_A._ By desire of a friend of a mine.

_Q._ Who was that person?

_A._ He was a friend of mine.

_Q._ What was his name?

_Lord Ellenborough._ There is no objection to your telling it.

_Mr. Richardson._ Have you any doubt of it in your memory?

_A._ No.

_Q._ At whose desire did you go down?

_A._ Mr. Farrell.

_Q._ Who is Mr. Farrell?

_A._ He is a Merchant.

_Q._ A Merchant in the City of London?

_A._ Yes he is.

_Q._ Has he any thing to do with the newspaper you have spoken of?

_A._ Yes he has, he is a proprietor of it.

_Q._ What is the name of it?

_A._ The Traveller.

_Q._ Where does Mr. Farrell live?

_A._ In Austin Friars.

_Q._ What day did you go to Dover?

_A._ I went on the Saturday.

_Q._ That was the very day before?

_A._ Yes.

_Q._ For the purpose of getting any intelligence that might arrive and to communicate it immediately to Mr. Farrell?

_A._ Yes, or Mr. Quin, the other proprietor of the newspaper.

_Q._ You told me just now, your object was to get information, partly for the newspaper;--what was the other object?

_A._ I do not recollect having said partly.

_Q._ I am in the recollection of the gentlemen of the Jury, whether you did not say so.

_A Juryman._ You said one object was that.

_Mr. Richardson._ What other object had you?

_A._ That was the only distinct object I had.

_Q._ Then you meant that you had no other object but that?

_A._ If there had been a preliminary Treaty of Peace arrived, I should have returned to London, and of course I would have made what I possibly could of the little Omnium I held.

_Q._ That was the other object?

_A._ Yes.

_Q._ All information of slighter importance you would have communicated to Mr. Farrell, who sent you; if it had been very important, you would have come to London and sold your omnium?

_A._ Certainly.

_Re-examined by Mr. Bolland._

_Q._ At the time you saw that person in Westminster Hall, I think you told me he was standing with a number of others?

_A._ He was.

_Q._ Did any person point out that person to you?

_A._ No.

_Q._ Was it from the recollection of your own mind, that you discovered him?

_A._ It was.

_Q._ Do you know a boy of the name of Ions?

_A._ No. I do not know him by name.

_William Ions was called into Court._

_Mr. Bolland (to St. John.)_ Do you know that boy?

_A._ Yes.

_Q._ He is one of Wright's boys?

_A._ He is.

_Q._ Did you see him on that night.

_A._ I did.

_Q._ Upon what occasion?

_A._ He was sent as an express, there were two expresses that night, he went with one of them.

_Q._ To whom was that lad sent?

_A._ I think to the Port Admiral at Deal.

_Q._ Whose express was that?

_A._ It was an express I believe that Mr. Wright gave him from the gentleman who was there.

_Q._ Do you mean from that gentleman?

_A._ Yes.

_William Ions sworn._

_Examined by Mr. Gurney._

_Q._ In the month of February last were you in the service of Mr. Wright of Dover.

_A._ Yes.

_Q._ Were you up when the officer arrived there, or were you called up?

_A._ I was called up.

_Q._ Were you sent off with an express to Admiral Foley?

_A._ Yes.

_Q._ Did you take to the Admiral's the letter you received there?

_A._ Yes, I did.

_Cross-examined by Mr. Richardson._

_Q._ Who gave you the letter that you speak of?

_A._ Mr. Wright.

_Q._ He gave you some letters to carry to Admiral Foley?

_A._ Yes.

_Q._ Where did he give it you?

_A._ I was at the fore-door upon the pony, and he came out to the door to me with the letter.

_Q._ To whom did you deliver it?

_A._ To the Admiral's Servant.

_Q._ At Deal?

_A._ Yes.

_Q._ What is her name?

_A._ I do not know, she took it up stairs to the Admiral directly?

_Q._ You did not see the Admiral?

_A._ I saw him that night.

_Q._ Do you mean before you left Deal?

_A._ Yes.

_Q._ This letter you delivered to some servant at the door?

_A._ Yes.

_Q._ And she carried it up stairs?

_A._ Yes.

_Re-examined by Mr. Gurney._

_Q._ After she had delivered it up stairs you saw the Admiral?

_A._ Yes.

_Admiral Thomas Foley sworn._

_Examined by Mr. Gurney._

_Q._ On the morning of Monday the 21st of February did you receive a letter by that boy?

_A._ A letter was brought to me that that boy brought to the house, and given to me, I was in bed.

_Mr. Park._ You did not receive it from the hand of that boy?

_A._ No, it was brought to me by my maid-servant at three o'clock in the morning, I was in bed.

_Q._ Did you get up immediately?

_A._ I read the letter in bed.

_Q._ Is that the letter? (_shewing a letter to the witness._)

_A._ This is the letter.

_Q._ Did you mark it before you parted with it?

_A._ I do not know whether I marked it or not.

_Q._ You know it again.

_A._ I inclosed it in a letter but I did not mark it.

_Q._ You inclosed it in a letter to Mr. Croker?

_A._ Yes a private letter to Mr. Croker.

_Q._ Is that the letter in which you inclosed it to Mr. Croker (_shewing a letter to the witness._)

_A._ This is the letter.

_Q._ That letter which I first shewed you is the letter you received from your maid servant?

_A._ It is.

_Q._ I suppose you rose directly?

_A._ I rose and sent for the boy into my dressing room.

_Q._ Did you communicate the news by telegraph to the admiralty that morning.

_A._ It was very late before I began, I will tell you what I did, I questioned the boy a good deal, for I must say I did not believe the letter.

_Q._ I must not ask you what passed between you and the boy, but whether you telegraphed the admiralty?

_A._ I did not, because the weather was thick, and I further say, the message I should have sent to the admiralty would have satisfied them--

_Q._ In fact you did not telegraph the admiralty because the weather was too thick?

_A._ I did not.

_Q._ When you sent for the boy up had you the letter in your hand?

_A._ I had, it was then three o'clock and dark, the telegraph would not move.

_Q._ I take for granted you had a candle?

_A._ Of course.

_Mr. Gurney._ We will now read the letter.

_Mr. Park._ I object, with great deference to his Lordship, to that letter being read, the evidence does not bring home that to the supposed officer, who is said to be Mr. De Berenger, it does not appear from any evidence to have come out of his hand it reaches this boy by the communication of Mr. Wright, who has not been called.

_Mr. Gurney._ I will ask the witness as to the reason of Mr. Wright's not being here--he is very ill, is not he?

_A._ He is extremely ill.

_Mr. Park._ My Lord, that does not alter the law of evidence, I submit there is a chasm in that chain that precludes their reading the letter as evidence against Mr. De Berenger. I do not mean to say that might not be supplied in the absence of Mr. Wright, but that letter lying before your Lordship's Officer is not identified to be the very paper which issued forth from this supposed person. It was delivered to this youth at the door of the inn by Wright, who is ill and absent from illness, he is not present to tell your Lordship from whom he received that, and there is a chasm in the chain of evidence, nor does the Admiral say he received the letter from this boy, he received it from a maid servant.

_Lord Ellenborough (to Admiral Foley.)_ When the boy came into your presence I suppose you asked him about this letter?

_A._ I did.

_Q._ Did he recognize that as the letter he had brought?

_A._ He did.

_Mr. Park._ With deference to your Lordship I should submit the letter was then open, the boy had delivered the letter shut to the maid servant, and I should have submitted, it is quite impossible that this youth could distinguish the letter, nobody doubts it is the letter, but that must be proved by legal evidence.

_Lord Ellenborough._ It is prima facie evidence. I do not speak now of the communication from De Berenger (supposing he is the person) of the letter to the boy. I do not say any thing upon that objection of yours, but that the letter which reached Admiral Foley was the letter the boy brought I think no human being can doubt.

_Mr. Park._ But still upon the original point, I submit it is not so proved as to be read in evidence.

_Lord Ellenborough._ Yes, you may resort to that if you please, the witness said he wanted an express horse to send to the Admiral at Deal, and then an express horse was got, and something was carried to the Admiral at Deal. That is the evidence as it stands.