Chapter VIII: Part 8

_Q._ You made search for him and could not find him?

_A._ Yes.

_Cross-examined by Mr. Serjeant Best._

_Q._ That Cochrane was not at all connected with the Dundonald family?

_A._ I asked the question, and I understood not.

_Cross-examined by Mr. Park._

_Q._ Mr. Cochrane is partner in the house of Mr. White, of Fleet-street?

_A._ Yes.

_Q._ I believe you saw Mr. De Berenger on the morning of the 21st very early, did not you?

_A._ No.

_Q._ Recollect yourself, because I understand you did see him that morning?

_A._ I cannot recollect having seen Mr. De Berenger for a very great length of time, and I think long previous to that?

_Q._ I have reason to put the question, or I should not to you, not doubting the veracity of your answer; recollect whether you did not see him near the King's Bench Prison, very early on that morning?

_A._ I have nothing by which I can charge my recollection.

_Q._ The security was given a considerable time ago for the rules?

_A._ A very considerable time ago, nearly two years ago I should think.

_Q._ It was not for a very large sum?

_A._ Under £400. I think.

_Q._ You will excuse my asking, but the security is generally nearly commensurate with the debt?

_A._ They generally do take it for the amount as nearly as possible, calculating the costs.

_Q._ More than the debt then?

_A._ Yes.

_Mr. Bolland._ Was Mr. Ralph Sandom a prisoner in the King's Bench Prison?

_A._ Twice he has been a prisoner.

_Q._ Was he on the 21st of February?

_A._ I have not the books, and cannot state that.

_Mr. Joseph Wood sworn._

_Examined by Mr. Gurney._

_Q._ Are you a Messenger of the Alien Office?

_A._ I am.

_Q._ Did you on the 3d or 4th of April leave London in order to apprehend De Berenger?

_A._ I did on the 4th.

_Q._ Had you a warrant of the Secretary of State?

_A._ I had.

_Q._ How long had you had it in your possession?

_A._ Ever since the 17th of March.

_Q._ Where did you find him?

_A._ At Leith.

_Q._ On what day?

_A._ On the 8th of April.

_Q._ Did you find him in possession of any writing desk?

_A._ Of this one. (_producing a portable desk_).

_Q._ Did that writing desk contain papers and bank notes?

_A._ Yes.

_Q._ Before you parted with any of those papers or bank notes did you mark them?

_A._ Yes I did.

_Q._ When did you mark them?

_A._ I marked them before the Grand Jury the day of the bill being found.

_Q._ Have they been in your possession from the day you marked them?

_A._ They have from the hour I took Mr. De Berenger.

_Q._ Were there any pieces of coin in the writing desk also?

_A._ There were guineas and half guineas, and in the pocket book there were two Napoleons. (_the witness opened the desk._)

_Q._ The bank notes are in parcels I believe?

_A._ Yes they are.

_Q._ Give me the packet with the 67.

_They were handed in._

_Mr. Gurney._ I believe it will be more clear if I do not open them now till I have proved them?

_A._ Here are two packets, and a pocket book containing a fifty pound note and four five pound notes, the Napoleons are in the pocket book.

_Q._ There is a memorandum book also and a paper of memorandums?

_A._ There are.

_The Witness delivered them in._

_Q._ There is a road book besides?

_A._ Yes there is.

_Mr. Park._ There are some papers of which I have heard no proof; there is a paper, in which it is stated there is some pencil mark, I have heard no proof of any pencil mark, or any writing; it is not evidence because it is in his pocket-book because one has many things in a pocket-book which are not in one's hand-writing.

_Mr. Gurney._ This is the writing.

_Mr. Park._ I shall not look at it; I do not know his hand-writing.

_Mr. Gurney._ Mr. Jones, I will trouble you to read the first article in that memorandum-book.

_Mr. Park._ That cannot be done.

_Mr. Gurney._ It is found in his letter-case.

_Mr. Park._ I object till his hand-writing is proved; the finding a manuscript in my possession, is not sufficient to warrant its being read as evidence against me; your Lordship might confide some paper to me, and it would be very hard to read that against me.

_Lord Ellenborough._ It is _prima facie_ evidence I think, subject to any observations you make upon it.

_Mr. Park._ It is found in that thing, not in his pocket.

_Lord Ellenborough._ (_to Wood_) Was it under his lock?

_A._ It was in his possession when I took him.

_Mr. Park._ Am I to be answerable for all manner of things sent to me by my friends?

_Lord Ellenborough._ I think a paper found under the lock and key of the party, is _prima facie_, readable against him; it is subject to observations. If you do not go further, the reading this as found in his possession, is doing little.

_Mr. Gurney._ (_to Mr. Lavie_) Do you believe that to be Mr. De Berenger's writing?

_A._ I have no doubt about it.

_Mr. Park._ Is it in pencil or ink?

_A._ In ink.

_Mr. Serjeant Best._ That cannot be evidence against the Cochranes.

_Lord Ellenborough._ No, if it was transmitted by him in writing to the others, it would be evidence against them; but it purports to be only a memorandum of his own.

_Mr. Gurney._ Certainly not, my Lord.

_The Extract was read as follows_:

"To C. I. by March 1st 1814, £350--£4 to 5000--assign one
share of patent and £1000 worth shares of Jn. De Beaufain at
Messrs. H. to their care.--Believe from my informant £18,000
instead of £4800--suspicious that Mr. B. does not account
correctly to him as well as me. Determined not to be duped. No
restrictions as to secresy--requesting early answer."

_Mr. Gurney._ That is all I wish to read.

_Mr. Park._ I never heard a word of this.

_Mr. Gurney._ Very likely not.

_Cross-examined by Mr. Richardson._

_Q._ Did you carry this box of papers before the Grand Jury?

_A._ Yes I did, the writing desk.

_Q._ By whose orders was that done?

_A._ By orders of the Secretary of State, of Mr. Beckett; I was subpoenaed to bring it before the Grand Jury, and I carried the subpoena to take directions from Mr. Beckett the Under Secretary of State.

_Q._ You received Mr. Beckett's orders to do it?

_A._ With the subpoena I told Mr. Beckett I had received an order to take it before the Grand Jury, and I did so.

_Mr. Park._ There are no subpoenas for the Grand Jury.

_Mr. Gurney._ There are indeed, Crown Office subpoenas.

_Mr. Richardson._ By whose order were the seals put on at Edinburgh taken off?

_A._ By order of Mr. Beckett.

_Q._ That was before you went before the Grand Jury?

_A._ Yes.

_Q._ Has the box remained in your possession ever since you took it at Edinburgh?

_A._ Yes, ever since when I went a journey to Holland; in my absence Mr. Tahourdin wished to see it, and Mr. Musgrave opened it for him.

_Q._ Except the time you took a journey to Holland it has been in your possession?

_A._ Yes.

_Q._ Had the seals been opened before that time, before you went to Holland?

_A._ They had.

_Q._ In whose possession was it during the time of your absence?

_A._ Mr. Musgrave's, and he delivered it up to me again.

_Q._ Who is Mr. Musgrave?

_A._ One of the clerks in the Office.

_Q._ How long were you absent?

_A._ A week or ten days.

_Q._ Has it been in your possession ever since your return?

_A._ Yes, it has.

_Q._ Were you present all the time it was before the Grand Jury?

_A._ I was; I left it on the Grand Jury table when I went out, but I locked it, and I had the key.

_Q._ With all its contents locked up in it?

_A._ Yes.

_Q._ Were you present when Mr. Wakefield of the Stock Exchange, and Mr. Lavie called, I think on the very day that Mr. De Berenger arrived in London?

_A._ I was.

_Q._ Was that at your house?

_A._ No it was not.

_Q._ Where was it?

_A._ At the Parliament Street Coffee House.

_Q._ That was the place you carried him to first?

_A._ No, first to the Secretary of State's Office, and afterwards to the Parliament Street Coffee House.

_Q._ The day of your arrival those Gentlemen came there?

_A._ They were there.

_Q._ Mr. Wakefield and some other Gentleman?

_A._ Mr. Wakefield and another Gentleman.

_Q._ Who was the other Gentleman?

_A._ I do not exactly recollect.

_Q._ Was it not stated to him by those Gentlemen that they did not wish to press him if he would furnish information against Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt?

_A._ I do not recollect hearing those names mentioned.

_Q._ Against the other Gentlemen?

_A._ No, I do not recollect hearing that.

_Q._ Did they not state that what they wanted was information from him to fix the guilt upon others?

_A._ Not to my recollection.

_Q._ Or any thing to that effect?

_A._ I do not recollect any thing of the kind, I did not exactly listen to the conversation.

_Q._ He was in your custody, and you in the room all the time?

_A._ Not exactly; I was there the greatest part of the time.

_Q._ Be so kind as to recollect yourself, it was only in the month of April last that this happened, many circumstances have called this to your recollection since; what was the conversation that passed; what did they state to him as to his furnishing information?

_A._ There were some gentlemen wanted to speak to Mr. De Berenger; Mr. Wakefield went very close to Mr. De Berenger, and I declare to you upon my oath I do not recollect any particular words.

_Q._ The substance is all I want?

_A._ I really do not recollect the substance.

_Q._ Was any thing said as to his furnishing information: recollect, that you are to tell the whole truth upon your oath, as far as you recollect it; what was said upon that subject, as far as you can recollect?

_A._ Mr. Wakefield did say something to him, but I really do not recollect.

_Q._ Was it to that effect?

_A._ Mr. Wakefield put some questions to Mr. De Berenger respecting this business, the Stock Exchange business; but the exact conversation, which I did not listen to, I cannot say.

_Q._ Respecting the other persons supposed to be concerned, was not that the effect of it?

_A._ Something to that effect I think, but I did not listen to the conversation.

_Lord Ellenborough._ What is the effect? only something about other persons, that is no effect.

_Mr. Richardson._ What was the effect of it?

_A._ Mr. Wakefield put some questions respecting the Stock Exchange, I did not attend exactly to what it was.

_Lord Ellenborough._ You had better call Mr. Wakefield, who put the questions, than he who did not hear what passed.

_Mr. Park._ We cannot call Mr. Wakefield; he is one of the Prosecutors, he is one of the Stock Exchange.

_Lord Ellenborough._ I know nothing about Mr. Wakefield; as long as the question is sperate I am willing to hear it put, but it has been put ten times and the same answer returned.

_Mr. Richardson._ Did you hear names mentioned?

_A._ I did not.

_Q._ Did you hear them tell him, that their wish was that he should furnish information, to bring home the guilt to others?

_A._ I remember the word information, and that is all I recollect.

_Q._ That they wanted information?

_A._ That is all I recollect.

_Q._ Before this conversation took place, did not Mr. De Berenger say that he wished to be attended by Counsel, if they wished to converse with him?

_A._ Mr. De Berenger did answer something, but I cannot state what it was; I did not attend to the conversation.

_Q._ Before these Gentlemen were introduced by you to him, did he not say that he was exhausted by his journey, and unwilling to see them, unless he could have some person present?

_A._ He did; he said he was very unwell, and exhausted by his journey.

_Q._ And desired not to see them, unless some person was present with them?

_A._ Yes, I think he did say something of that kind, that he was very faint with his journey.

_Q._ But nevertheless you introduced them to him that evening?

_A._ They were in the room with him, they came into the room with him; that was at the time that Mr. Wakefield was in the room, I believe.

_Mr. Park._ That he was very unwell, and would not answer unless some person was with him?

_Lord Ellenborough._ Did he say that he was unwilling to answer, without having some friend present?

_A._ I do not recollect that; but he said he was very unwell, and exhausted with the journey.

_Mr. Park._ Nevertheless a long conversation did take place, did it?

_A._ I believe Mr. Wakefield was there about ten minutes or a quarter of an hour, not more than that.

_Re-examined by Mr. Gurney._

_Q._ Did you put your marks upon these things before you went to Holland?

_A._ Yes, I did.

_Mr. Joseph Fearn called again;_

_Examined by Mr. Gurney._

_Q._ Be so good as to look at that check dated the 10th of February 1814 [_shewing it to the Witness_] did you give that check to Mr. Butt?

_A._ I did on the day of its date, the 10th of February.

_Mr. Joseph Brumfield sworn;_

_Examined by Mr. Gurney._

_Q._ Are you the clerk that paid the check on the 10th of February?

_A._ I am not.

_Q._ Is Mr. Evans here?

_A._ I believe not; I have not seen him.

_Mr. William Smallbone called again;_

_Examined by Mr. Gurney._

_Q._ On the 19th of February 1814, did you draw that check [_shewing it to the Witness_]?

_A._ Yes.

_Q._ For whom?

_A._ For Lord Cochrane.

_Q._ Did you give it to Lord Cochrane?

_A._ I did.

_Q._ For Lord Cochrane?

_A._ Yes.

_Q._ To pay for gains upon the stock account?

_A._ Not gains exactly, but upon the stock account.

_Q._ To whom personally did you give it?

_A._ To Lord Cochrane.

_Cross examined by Mr. Serjeant Best._

_Q._ Was Mr. Butt in the office at the time?

_A._ Yes, I think he was.

_Q._ Do you recollect whether you gave it into the hands of Lord Cochrane or Mr. Butt?

_A._ I think into the hand of Lord Cochrane; I feel satisfied in my mind that I gave it to Lord Cochrane and not to Mr. Butt.

_Q._ If you gave it to Lord Cochrane, did you see Lord Cochrane hand it over to Mr. Butt?

_A._ No, I cannot say that I did.

_Q._ Have you no recollection one way or the other?

_A._ No.

_Q._ Nor is your recollection very distinct whether you gave it to one or the other?

_A._ I have no reason to think I gave it to Mr. Butt.

_Q._ Mr. Butt frequently acted for Lord Cochrane?

_A._ Not with me.

_Lord Ellenborough._ Do you believe you gave it to Lord Cochrane?

_A._ I do, but I am not certain whether I laid it before him upon the table, or gave it into his hand.

_Lord Ellenborough._ You presented it to him, and gave it into his reach, so that he might take it?

_A._ Yes.

_A Juryman._ You charged him with it in account?

_A._ Yes, I did.

[_The check on Messrs. Jones, Loyd & Company, dated the 10th of February 1814, for the sum of_ £.470. 19_s._ 4_d._ _was read._]

_Edward Wharmby sworn;_

_Examined by Mr. Gurney._

_Q._ Are you clerk to Jones, Loyd & Company?

_A._ Yes.

_Q._ Look at that check [_handing it to the Witness_] did you pay that check?

_A._ Yes, I did.

_Q._ On what day?

_A._ On the 19th of February.

_Q._ In what Bank notes did you pay it?

_A._ In one of £.200.

_Mr. Serjeant Best._ From what are you speaking.

_A._ I have a copy of the notes.

_Q._ Is the book here?

_A._ No.

_Mr. Gurney._ You were directed to bring the books with you,--you must go and fetch them.

_Benjamin Lance sworn;_

_Examined by Mr. Gurney._

_Q._ On the 26th of February did you give that check to Mr. Butt?

_A._ Yes, I did. [_The check was handed in._]

_Mr. Gurney._ Perhaps, my Lord, I had better wait till the witness brings the books; I am extremely sorry for the loss of time?

_Lord Ellenborough._ It will be more clear.

_Mr. Gurney._ I have a little more evidence to give under this head, if your Lordship will allow me to give that now, the letter which I opened, offering Mr. M'Rae's discovery.

_Mr. Joseph Fearn called again;_

_Examined by Mr. Gurney._

_Q._ Look at that letter, [_shewing a letter to the witness_,] do you believe that to be Mr. Cochrane Johnstone's hand-writing?

_A._ I do.

_Q._ Do you believe that also to be Mr. Cochrane Johnstone's hand-writing?

_A._ Yes, I believe that also to be the same that is dated the 18th of April.

[_The letters were delivered in, and read as follow:_]

"To the Chairman of the Committee,
"Stock Exchange, No. 18, Great Cumberland-street, 12th April 1814.

"Sir,

"I have this moment received a letter, of which the enclosed
is a copy, and lose no time in transmitting it to you for the
information of the gentlemen composing the Stock Exchange
Committee; from the bearer of the letter, I am given to
understand, that Mr. M'Rae, is willing to disclose the names
of the Principals concerned in the late hoax, on being paid
the sum of £.10,000. to be deposited in some banker's hands,
in the names of two persons, to be nominated by himself, and
to be paid to him on the conviction of the offenders.

I am happy to say, that there seems now a reasonable prospect
of discovering the authors of the late hoax, and I cannot
evince my anxious wish to promote such discovery, more than by
assuring you that I am ready to contribute liberally towards
the above sum of 10,000_l._ and I rest assured, that you will
eagerly avail yourselves of this opportunity, to effect the
proposed discovery (an object you profess to have so much at
heart) by concurring with me in such contribution.

I have the honour to be, Sir,
Your obedient humble servant,
(Signed) _A. Cochrane Johnstone_."

[_The inclosure was read as follows:_]

"April 12th.

"Sir,

"I authorize the bearer of this note, to state to you that I
am prepared to lay before the Public, the names of the persons
who planned and carried into effect the late hoax, practised
at the Stock Exchange the 21st of February, provided you
accede to the terms which my friend will lay before you.

I am, Sir,
Your obedient Servant,
_A. M'Rae_."

To the honourable,
Cochrane Johnstone.

"No. 18, Great Cumberland-street,
18th April 1814.

"Sir,

"I have to request, that you will be so good as to inform me
what are the intentions of the Stock Exchange, on the subject
of the letter which I addressed to you relative to the
proposal of Mr. M'Rae.

Lord Cochrane, Mr. Butt, and myself, are willing to subscribe
1,000_l._ each, in aid of the 10,000_l._ required by Mr.
M'Rae; the bearer waits your answer, which, to prevent any
mistake, I hope you will find time to commit to writing.

I am, Sir,
Your obedient servant,
_A. Cochrane Johnstone_."

To Mr. Charles Laurence,
Chairman of the Committee
of the Stock Exchange.

[_Mr. Gurney to Mr. Fearn._]

_Q._ Look at the address of that letter [_shewing a letter to the witness_] is that address Mr. Cochrane Johnstone's hand-writing?

_A._ I believe it to be so.

[_The letter was read as follows._]

"To the Committee of the Stock Exchange.

No. 18, Great Cumberland-street,
14 March 1814.

As the report of the Stock Exchange Committee conveys an idea
to the public, that they estimated delinquency by the enormous
profits which accrued to Lord Cochrane, Mr. Butt, and myself,
on the sale of Stock upon the 21st day of February, and as the
public prints have estimated the gains, some at 100,000_l._
others at 75,000_l._ and none under 30,000_l._ I pledge myself
to prove that the whole profits are as follow; viz.

Lord Cochrane £.1,700.
Mr. Butt 1,300.
Mr. Cochrane Johnstone 3,500.

If the Committee had acted impartially, they would have
published a statement of all the purchases and sales effected
by every broker on that day, with the names of the parties,
that the Public might have drawn their conclusions. To obviate
this omission on the part of the Committee, I am preparing for
the press a correct statement of all sums bought for the
parties before-mentioned, together with the names of those
from whom the Stock was procured, and to whom sold; whereby it
will be seen, who were the purchasers at an early hour on the
21st day of February.

_A. Cochrane Johnstone._"

Charles Laurence, Esq.
Chairman of the Committee of the Stock Exchange.

_Mr. Gurney._ I apply that to the memorandum I before read, by which it appears that he states his own gains and Mr. Butt's to be £.4,800. subtracting Lord Cochrane's; the whole is £.6,500.

_Edward Wharmby called again;_

_Examined by Mr. Gurney._

_Q._ On what day in February did you pay that check? [_shewing it to the witness._]

_A._ The 19th of February.

_Mr. Serjeant Best._ Is that entry in the book your own hand-writing?

_A._ It is.

_Mr. Gurney._ In what Bank notes did you pay it?

_A._ In one of two hundred pounds, No. 634.

_Q._ What other notes?

_A._ Two, of one hundred pounds each.

_Q._ What are the numbers?

_A._ 18,468 is one of them, and the other 16,601.

_Q._ Was there a £.50.?

_A._ Yes, No. 7,375.

_Mr. Gurney._ It is not necessary to mention the other, because I do not trace it.

_Cross-examined by Mr. Serjeant Best._

_Q._ You do not know to whom you paid that?

_A._ No, I do not.

_Lord Ellenborough._ You paid it to the bearer of that check for £.470, in discharge of that check?

_A._ Yes, I did.

_Mr. Thomas Parker sworn;_

_Examined by Mr. Gurney._

_Q._ You are a coal-merchant?

_A._ Yes.

_Q._ Does Lord Cochrane deal with you?

_A._ He did.

_Q._ Did you receive from him in payment a bank note of fifty pounds.

_A._ To the best of my recollection I did.

_Q._ On what day?

_A._ I do not exactly know the day; but some time in the beginning of March I think, or probably in the end of February.

_A Bank Clerk produced the £.50. note No. 7,375._

_Q._ Did Lord Cochrane make that payment to you in that bank note?

_A._ Yes, I believe he did.

_Mr. Serjeant Best._ Is that your own memorandum?

_A._ Yes; I write on the back of the notes, and that is my hand-writing.

_Benjamin Lance called again;_

_Examined by Mr. Gurney._

_Q._ On the 24th of February, did you go to the Bank to exchange any bank notes for smaller notes?

_A._ I did.

_Q._ By whose desire did you go?

_A._ Mr. Butt's.

_Q._ Are those the two notes you received from him to exchange? [_shewing the witness the two notes for £.100. each, produced by the bank clerk._]

_A._ They are.

_Lord Ellenborough._ Have you seen those £.100. notes, which you carried to the Bank to exchange for smaller notes?

_A._ I have this moment.

_Mr. Gurney._ What did you receive in exchange for them?

_A._ I received two hundred notes for one pound each.

_Q._ What did you do with those notes?

_A._ I gave them to Mr. Butt.

_Cross-examined by Mr. Scarlett._

_Q._ Have you any connexion with Mr. Smallbone.

_A._ Yes, I am with Mr. Smallbone.

_Q._ Do you remember at any time, on the 15th of February, Mr. Butt lending Lord Cochrane two hundred pounds, in order to make up a sum that he had to pay?

_A._ Yes.

_Q._ On the 15th of February?

_A._ Yes, it might be on the 15th of February.

_Q._ Do you remember going with that check [_shewing it to the witness_] which was afterwards given by Mr. Smallbone, to get the money?

_A._ Yes, that check for £.470. 19_s._ 4_d._

_Q._ That bears date the 19th of February?

_A._ Yes.

_Q._ You were the person who took that to the banker's, to get the money for it?

_A._ Exactly so.

_Q._ You say you know Mr. Butt did lend Lord Cochrane two hundred pounds?

_A._ So I understood; I did not see him lend it.

_Mr. Gurney._ He does not know that it was lent?

_Mr. Scarlett._ How do you know that it was lent?

_A._ Only by Mr. Butt saying so.

_Lord Ellenborough._ At what time?

_A._ The 15th of February.

_Lord Ellenborough._ This check is dated the 19th?

_Mr. Scarlett._ You received in payment for that check, two notes of £.100. each?

_A._ Yes, I did.

_Q._ What did you do with those two notes of 100_l._ each?

_A._ I gave them to Lord Cochrane.

_Q._ That was on the 19th of February?

_A._ Yes, it was.

_Q._ Were you present when Lord Cochrane paid those notes back to Mr. Butt?

_A._ I was not.

_Q._ Though you were not present when those notes were given by him to Mr. Butt, do you know that those notes were in Mr. Butt's hands afterwards?

_A._ I know of receiving them from him.

_Q._ Though you paid them to Lord Cochrane upon the 19th, did you not afterwards receive them from Mr. Butt?

_A._ I received the two £.100. notes I have now looked at from Mr. Butt.

_Q._ It was by Mr. Butt's desire you changed them for small notes at the Bank?

_A._ Yes.

_Q._ That you say was the 24th of February?

_A._ Yes.

_Q._ For Mr. Butt?

_A._ Yes.

_Q._ Was Lord Cochrane in the city at that time?

_A._ Not that I know of.

_Q._ Do you know on the 15th of February of any loan made by Mr. Smallbone to Lord Cochrane?

_A._ Yes, I do.

_Mr. Gurney._ Do you know that of your own knowledge, or how do you know that?

_A._ I know that of my own knowledge.

_Mr. Scarlett._ I believe you know that my Lord had a certain sum to make up to pay what he owed at that time?

_A._ He had.

_Q._ How much was that amount?

_A._ I am not prepared to tell you the exact amount.

_Q._ Was it between six and seven hundred pounds?

_A._ More than that.

_Q._ Do not you know that he was without the money in the City, to make it up at that time?

_A._ He was.

_Q._ How much did he borrow of Mr. Smallbone?

_A._ I cannot say exactly.

_Q._ Was it £.450.?

_A._ £.450. I think, was advanced by me as clerk to Mr. Smallbone.

_Lord Ellenborough._. In all £.450.

_A._ In all £.450.

_Q._ £.250. in these bank notes?

_A._ No, £.450. besides these bank notes.

_Lord Ellenborough._ The £.450. is to be added to these bank notes?

_Mr. Scarlett._ The witness was not present when Mr. Butt lent the £.200. I was about to shew, that besides the £.450. that Mr. Smallbone lent, Lord Cochrane wanted £.200. more, and that he went out to get it.

_Lord Ellenborough._ Did you see the £.200. lent to Lord Cochrane?

_A._ No.

_Q._ How do you know it was lent?

_A._ Because I was told so by Lord Cochrane.

_Lord Ellenborough._ Then it comes to nothing?

_Mr. Scarlett._ He knows the fact that he wanted the £.200. You advanced £.450. yourself?

_A._ Yes, I did.

_Lord Ellenborough._ In gold or bank notes?

_A._ In bank notes.

_Q._ In what description of bank notes?

_A._ The money was lent in fact by Mr. Smallbone, and he made up the difference; it is not usual to pay in bank notes, and we made it up in checks; his Lordship had left his money at the west end of the town.

_Mr. Scarlett._ You advanced his Lordship £.450.?

_A._ Yes.

_Q._ Was that all that he wanted, or did he want more?

_A._ No, he wanted £.200. more.

_Lord Ellenborough._ This advance must all be in paper?

_Mr. Scarlett._ Yes, my Lord, it is not material to my purpose to shew how Mr. Butt made this advance to him.

_Lord Ellenborough._ If it was a loan and you rely upon it as such, you must shew in what it was?

_A._ The £.450. was in a check.

_Lord Ellenborough._ Then that check must be shewn.

_Mr. Scarlett._ Mr. Butt was not present, was he?

_A._ Not that I know of.

_Q._ At what time Lord Cochrane gave these two £.100. notes to Mr. Butt you do not know, do you?

_A._ No.

_Q._ But it was not by Lord Cochrane's desire you took them to the Bank.

_A._ No; by Mr. Butt's.

_Mr. John Bilson sworn;_

_Examined by Mr. Gurney._

_Q._ Look at these two £.100. notes; on the 24th of February; were those two notes of £.100. each brought to the Bank to be exchanged for one pound notes?

_A._ They were entered for payment in the Bank on that day.

_Q._ Have you there the book in which your own entries are made, or those which are made by Mr. Northover?

_A._ I have the book in which is my own hand-writing.

_Q._ What notes did you pay this in?

_A._ One pound notes.

_Q._ You make the entries, and the other clerk gives over the notes?

_A._ Yes.

_Q._ Have you all the numbers there?

_A._ Yes, I have.

_Mr. Gurney._ I am sorry to trouble your Lordship with having these numbers read; they do not happen to be in sequence. Will you go over those numbers?

_A._ 27th August, No. 1,048.

_Lord Ellenborough._ You had better see what you apply your proof to, otherwise he must go through the list.

_Mr. Gurney._ I am told these clerks have examined all these notes. You have looked over all these notes found in Mr. De Berenger's trunk, have you not?

_A._ I have not looked over them to-day; we looked over them before the Grand Jury.

_Q._ Look over that parcel, and tell me whether you paid all that parcel [_handing a parcel of bank notes to the witness_.]

[_The Witness and Mr. Thomas Northover examined the notes._]

_A._ Yes; those were paid.

_Q._ There are forty-nine in number?

_A._ Yes.

_Lord Ellenborough._ Were all those forty-nine part of the two hundred pounds that were given in exchange for the two £.100. notes?

_A._ They were.

_A Juryman._ What were the numbers of the two £.100. notes?

_A._ No. 16,601 and No. 18,468.

_Mr. Hilary Miller sworn;_

_Examined by Mr. Gurney._

_Q._ You are a clerk in the Bank?

_A._ Yes.

_Q._ Have you forty-seven one pound notes that have come into the bank?

_A._ I have fifty-seven [_the witness produces them_.]

_Mr. Gurney._ (_to Bilson and Northover_) Look and see whether those fifty-seven are also part of the same payment?

_Miller._ I believe that part of those notes were received at another period.

_Mr. Northover._ They do not appear to arise from this transaction.

_Mr. Gurney._ I will state to your Lordship the effect of this; perhaps it is hardly worth pursuing; they came into the bank from various quarters, and Mr. De Berenger's name is upon them, but not in his hand-writing.

_Mr. Bilson._ Here are some of them in this account.

_Lord Ellenborough._ They do not appear to be evidence.

_Mr. Gurney._ Then I will not pursue that.

_Thomas Christmas sworn;_

_Examined by Mr. Gurney._

_Q._ Were you clerk to Mr. Fearn, in February last?

_A._ I was.

_Q._ Do you recollect being sent on the 24th of February to change a note for two hundred pounds?

_A._ Yes.

_Q._ By whom were you sent?

_A._ By Mr. Fearn.

_Q._ Where did you go to change that note?

_A._ To Messrs. Bond & Pattesall.

_Q._ Look at that bank note (No. 634), is that the bank note which you changed?

_A._ Yes.

_Q._ What did you receive in exchange for it?

_A._ Two notes of £.100. each.

_Q._ Did you take those two notes of £.100. each to the bank?

_A._ Yes.

_Q._ For what did you change them there?

_A._ Two hundred notes of one pound each.

_Q._ What did you do with those two hundred notes of one pound each?

_A._ I gave them to Mr. Fearn.

_Q._ In whose presence?

_A._ Two or three gentlemen in his office.

_Q._ Who were those gentlemen?

_A._ I do not recollect.

_Q._ Were Mr. Butt or Mr. Cochrane Johnstone there then?

_A._ No, they were neither of them there then.

_Q._ Did you see what Mr. Fearn did with those notes?

_A._ No, I did not.

_Q._ Did you put your name upon the two £.100. notes before you gave them into the bank?

_A._ I put Mr. Fearn's name upon them.

[_Mr. Miller produced two £.100. notes._]

_Q._ Are those the two?

_A._ Yes they are.

_Q._ What are their numbers?

_A._ 19,482 and 19,592.

_Mr. Joseph Fearn called again;_

_Examined by Mr. Gurney._

_Q._ On the 24th of February did you receive from Christmas two hundred notes of one pound each?

_A._ Yes.

_Q._ To whom did you give those notes?

_A._ To Mr. Butt.

_Q._ Did you see what Mr. Butt did with them?

_A._ He gave them to Mr. Cochrane Johnstone.

_Mr. John Bilson and Mr. Thomas Northover called again._

_Mr. Gurney._ Did you on the 24th of February pay a £.100. Bank note No. 19,482?

_Mr. Bilson._ We paid to Fearn on that day two hundred one pound notes for two notes of £.100. each.

_Q._ Are those the two notes for which you paid them, [_shewing them to the Witness_]?

_A._ Those are the two notes.

_A Juryman._ What are the numbers?

_A._ 19,482, the 4th of February 1814, and 19,592 of the same date.

_Mr. Gurney._ I am now going to put into the hands of the witnesses sixty-seven notes found in Mr. De Berenger's writing desk, for him to see whether they are not part of those he paid for those two £.100. notes?

[_The Witnesses compared them._]

_Mr. Bilson._ These are part of the notes we paid to Fearn on the 24th of February.

_Lord Ellenborough._ The whole sixty-seven?

_A._ Yes.

_Mr. Joseph Fearn;_

_Cross-examined by Mr. Brougham._

_Q._ When Christmas brought back these two hundred one pound notes from the bank, you say they were given to Mr. Butt?

_A._ Yes.

_Q._ And you say Mr. Butt afterwards gave them to Mr. Cochrane Johnstone?

_A._ Yes.

_Q._ Did you see him give them?

_A._ Yes.

_Q._ Did you see Mr. Butt give him the other two hundred one pound notes he got from Lance?

_A._ No.

_Q._ You were not present then?

_A._ No, I was not.

_Mr. Adolphus._ We wish Mr. Wood now to produce out of the desk a watch, which he found in the possession of Mr. De Berenger.

[_The Witness produced two watches._]

_Q._ Were they both in the box when you found it?

_A._ They were.

_Mr. Bishop Bramley sworn;_

_Examined by Mr. Adolphus._

_Q._ What are you?

_A._ A watchmaker and silversmith.

_Q._ Do you live at Hull?

_A._ Yes.

_Q._ Look at those watches that lie there; did you sell those watches?

_A._ No, neither of those.

_Q._ Did you sell a watch to the gentleman who sits there?

_A._ Yes.

_Q._ For how much money?

_A._ Twenty-nine guineas and a half, £30. 19_s._ 6_d._

_Q._ When was that?

_A._ The 4th of March.

_Q._ What name did he pass by?

_A._ We did not hear any name.

_Q._ How did he pay you?

_A._ In one pound Bank of England notes.

_Q._ Did you write any name upon them?

_A._ I put my own initials upon them.

_Q._ So that you will know them again if they are produced?

_A._ Yes.

[_Mr. Miller produced some bank notes._]

_Mr. Adolphus (to Bramley.)_ Look at those, and see whether those are part of what you received?

_A._ All these notes we took of the gentleman we sold the watch to, on the 4th of March.

_Q._ And that is the gentleman who sits there? (_pointing to De Berenger._)

_A._ Yes.

_Lord Ellenborough._ What mark have you put upon them to know them again?

_A._ My own initials and the dates; it is written at the top end of the note.

_Q._ How are you enabled to say that those seven notes are what you received from the person who bought that watch?

_A._ We took no other Bank of England notes on that day.

_Q._ You marked them at the time you received them?

_A._ Yes, I received twenty in the forenoon, and the other eleven in the afternoon, and I marked them and paid them away the same afternoon.

_Cross-examined by Mr. Park._

_Q._ I understand you to say neither of those watches found in the possession of Mr. De Berenger is the watch you sold?

_A._ Neither of them.

_Q._ You wrote upon all the notes?

_A._ Yes.

_Q._ Those are the only seven you have seen since?

_A._ Yes.

_Mr. Gurney._ You paid them all away?

_A._ We did.

_John Bilson and Thomas Northover called again._

_Mr. Gurney._ Have the goodness to look over your book, and see whether those seven were part of the two hundred that were paid to Fearn?

[_The Witnesses examined them._]

_Mr. Bilson._ Those seven notes were part of the property paid to Fearn on the 24th of February.

_Benjamin Lance called again;_

_Examined by Mr. Gurney._

_Q._ On the 25th of February, did you give Mr. Butt a check on Prescott & Company, for £.98. 2_s._ 6_d._?

_A._ On the 26th of February I did.

_Q._ Is that the check? [_shewing it to the witness._]

_A._ That is the check.

_John Isherwood sworn;_

_Examined by Mr. Gurney._

_Q._ Are you clerk to Prescott & Company?

_A._ I am.

_Q._ Look at that check, did you pay that?

_A._ I did.

_Q._ On what day?

_A._ The date of it the 26th of February, I think.

_Mr. Park._ That is an entry in your own hand-writing.

_A._ It is.

_Mr. Gurney._ Did you pay a 50_l._ note?

_A._ Yes.

_Q._ What number?

_A._ No. 13,396.

_Q._ Did you pay also a forty pound note?

_A._ Yes, No. 6,268.

_Q._ Look at that, is that the £.40. note?

_A._ Yes, that is the note.

_Mr. Gurney._ Mr. Miller, will you produce the £.50. note? [_Mr. Miller produced it, and it was shewn to the Witness._]

_A._ This is the note.

_Mr. John Seeks sworn;_

_Examined by Mr. Gurney._

_Q._ Look at that cancelled bank note for £.50. did you receive that bank note in payment from any person?

_A._ I gave change for it.

_Q._ On what day?

_A._ I cannot exactly recollect.

_Q._ About when; have you any minute on the back of it?

_A._ Here are some letters here that I know it by.

_Q._ To whom did you give change for it?

_A._ Mr. De Berenger's servant, Smith.

_Q._ The day you cannot exactly fix?

_A._ I cannot.

_Mr. Serjeant Best._ I submit to your Lordship, that is no evidence, until they call Smith.

_Mr. Gurney._ On referring to Mr. De Berenger's memorandum book, I find "W. S. £.50." which I consider as connecting itself with this.

_Mr. Park._ That book is not proved.

_Mr. Gurney._ It is proved by being found in the trunk.

_Mr. Park._ I object to that book being read; that is not the book which was before proved; as to that, Mr. Lavie gave some evidence of the hand-writing before the entry was read.

_Mr. Germain Lavie called again;_

_Examined by Mr. Gurney._

_Q._ Do you believe that to be the hand-writing of Mr. De Berenger?

_A._ Yes I do, most certainly.

_Cross-examined by Mr. Park._

_Q._ I observe this is pencil writing you have been speaking to; did you ever see any writing of this person in pencil before?

_A._ No, never.

_Q._ There is no difference in a man's writing with a pencil and with a pen?

_A._ I conceive that to be written by Mr. De Berenger.

_Q._ It is exactly like the character of that letter which has been given in evidence upon your testimony?

_A._ Yes, it is the same sort of writing.

_Mr. Serjeant Best._ I submit to your Lordship, still I am not removed from my objection. There is first a check of £.98. 2_s._ 6_d._; then an attempt is made to trace £.50. of that into the hands of Mr. De Berenger; the way in which that is attempted is, that a person says he gave change for that note of £.50.;--beyond that, they have produced a pencil memorandum, proved to be in the writing of Mr. De Berenger, at least there is some evidence of that; that pencil memorandum is merely this, not that a particular bank note; not that the note which came into the hand of the witness, and for which he gave change, but that a bank note of £.50. was paid to W. S. It does not appear that it was that bank note, and this, I submit, is no evidence in a criminal case.

_Mr. Gurney._ I submit to your Lordship it is evidence, _valeat quantum_, it does not prove that Smith received that bank note from De Berenger, but that it came from De Berenger's servant; I shall give no other evidence to bring it home to De Berenger, and I submit that it is admissible evidence, as that which is proved to come so near as the child, the wife, or the servant.

_Lord Ellenborough._ I think it is not evidence; it does not get the length of William Smith; but even if it were to be taken to refer to William Smith, it does not connect it with this bank note, or any other means of payment. I cannot translate "W. S." into "William Smith my servant," and "£.50." into "this £.50. bank note." You do not call William Smith.

_Mr. Gurney._ No, certainly not, my Lord,--I shall leave that to my learned friends.

_Mr. Benjamin Bray sworn;_

_Examined by Mr. Gurney._

_Q._ Where do you live?

_A._ At Sunderland.

_Q._ Will you look at this £.40. note, [_shewing the witness the note just produced_,] did you receive that £.40. note from any one?

_A._ From the waiter of the Bridge Inn at Sunderland.

_Q._ Did you see Mr. De Berenger about the time of the receipt of it?

_A._ I had seen him often prior to that.

_Q._ At Sunderland?

_A._ Yes.

_Q._ A waiter brought it to you?

_A._ Yes, with Major Burne's compliments.

_Q._ He brought you some message with it?

_A._ Yes, I gave him six £.5. notes for it, and ten £.1. notes.

_Q._ Bank of England notes?

_A._ No, of the Durham Bank.

_Q._ Did any thing pass between you and Mr. De Berenger afterwards, on the subject of that note?

_A._ The waiter returned in a few minutes afterwards.

_Q._ Did any thing pass afterwards between you and Mr. De Berenger, on the subject of that note?

_A._ Yes, he came shortly afterwards to take his leave of me.

_Lord Ellenborough._ Where did he come to?

_A._ To my house.

_Q._ What shop do you keep?

_A._ I am a druggist and agent to the Durham bank.

_Mr. Gurney._ How long had Mr. De Berenger been at Sunderland?

_A._ I had known him there from the 7th to the 21st of March. I apologized for not being able to send more Bank of England paper in exchange for the Durham bank notes; the waiter having been to request that I would send him Bank of England paper, I gave him a message to Mr. De Berenger.

_Q._ You made him an apology for not having sent him more bank paper in exchange?

_A._ Yes.

_Q._ In exchange for the note you had at first received; for that note?

_A._ Yes.

_Q._ What did Mr. De Berenger say, on your making the apology?

_A._ I apologized for not having sent him more Bank of England paper, and he acknowledged having received the whole of the notes I had sent him from the waiter.

_Q._ By what name did Mr. De Berenger go there.

_A._ Major Burne; he gave me his name.

_Q._ Is that the gentleman you have been speaking of? (_pointing to De Berenger._)

_A._ Yes.

_Cross-examined by Mr. Richardson._

_Q._ How do you know that £.40 note to be the note you received?

_A._ By a copy that I made at the time.

_Q._ Have you got that copy with you?

_A._ This is a copy of my waste book--the waste book is at Sunderland.

_Q._ You identify it by means of the copy which you have made from your waste-book, which book you have left at Sunderland.

_A._ Yes; and also from my initials on the back of the note.

_Q._ Made at the time?

_A._ A day or two afterwards.

_Lord Ellenborough._ Before you parted with it?

_A._ Yes.

_Mr. Richardson._ You are the agent of the Durham Bank?

_A._ Yes.

_Q._ You have a great many notes passing through your hands?

_A._ Yes.

_Lord Ellenborough._ Are you sure that when you made that memorandum, you had perfectly in your recollection from whom you took that note?

_A._ Yes, perfectly.

_Mr. Richardson._ You did not keep this distinct from your other notes?

_A._ No.

_Q._ You mixed it with your other notes?

_A._ Yes.

_Q._ You marked it several days afterwards?

_A._ I marked it between the 31st of March and the 4th of April, when I remitted it.

_Q._ You put your name upon every bank note that passes through your hands?

_A._ No, I do not.

_Q._ Why did you put your name upon this?

_A._ I cannot give a satisfactory answer why.

_Q._ Do you generally put your initials on notes that pass through your hands, or not?

_A._ No, I do not.

_Q._ How came you to do so in this particular case?

_A._ I have before answered that I cannot give a satisfactory reason.

_Q._ At Sunderland, which is a place of great business, do not a large number of bank notes pass through your hands?

_A._ Yes, there do of course.

_Lord Ellenborough._ Did the transaction of your sending Durham notes, and his objecting to not having more bank notes, fix the circumstance of the £.40. note more strongly in your memory?

_A._ I have not had another £.40. note since that.

_Q._ Nor had you at the time?

_A._ No, I had not.

_Q._ Nor since?

_A._ No.

_Mr. Gurney._ The only remaining head of evidence that I have to trouble your lordship with, is with respect to a check for £.56. 5_s._ paid by Mr. Fearn to Mr. Butt, and the produce of that.

_Mr. Pattesall sworn;_

_Examined by Mr. Gurney._

_Q._ Are you a partner in the house of Bond & Company?

_A._ I am.

_Q._ Look at that check of Mr. Fearn's, did you pay that?

_A._ I did not.

_Q._ Who did pay it?

_A._ Mr. Evans, a clerk of ours.

_Q._ Is Mr. Evans here?

_A._ Upon my word I cannot tell.

_Mr. Gurney._ He has been expressly desired to be in attendance.

_Lord Ellenborough._ Then call him upon his subpoena if he does not appear.

_Mr. Gurney._ Just look and see whether the entry is Evans's hand-writing.

_A._ It is Evans's hand-writing.

_Thomas Evans was called on his subpoena, and did not
appear._

_Lord Ellenborough._ This entry then will be of no use to you.

_Mr. Gurney._ No, my Lord; it was mentioned that there were two Napoleons in the letter case: Mr. Wood has those two Napoleons to produce.

[_Mr. Wood produced two Napoleons._]

_Mr. Gurney._ This, my Lord, is the evidence on the part of the prosecution.

* * * * *

_Mr. Serjeant Best._ I wish to apprize your Lordship that I think it will be necessary for the defendants to call witnesses.

_Lord Ellenborough._ I should wish to hear your opening, and to get into the defendants case, if I can; there are several gentlemen attending as witnesses, who, I find cannot, without the greatest public inconvenience, attend to-morrow.

_Mr. Park._. The difficulty we feel, I am sure your Lordship will feel as strongly as we do the fatigue, owing to the length of our attendance here; but we will proceed if your Lordship desires it.

_Lord Ellenborough._ I would wish to get into the case, so as to have the examination of several witnesses, upon whom the public business of certain offices depend, gone through, if possible.

_Mr. Park._ I have undergone very great fatigue, which I am able to bear; but I would submit to your Lordship the hardship upon parties who are charged with so very serious an offence as this, if their case is heard at this late hour; and then a fresh day is given to my learned friend to reply.

_Lord Ellenborough._ It will not be a fresh day when you will be here by nine o'clock, and the sun will be up almost before we can adjourn; I will sit through it if you require it, rather than that.

* * * * *

_Mr. Alley._ On the part of M'Rae, I shall not trouble your Lordship with any witnesses or observations.

* * * * *

MR. SERJEANT BEST.

May it please your Lordship,

Gentlemen of the Jury,

I assure you I am extremely sorry on my own account, and still more sorry on your account, that it will be necessary for me, if I am able to do it, to take up a considerable portion more of your time, in the discussion of this most important question; a question, certainly, of great importance to the public; a question, of great importance to the three individuals whose interests are committed to my charge; for, gentlemen, upon the issue of this question, with reference to them, depends whether they are to hold the situation in society which they have hitherto held, or whether they are to be completely degraded and ruined.

Gentlemen, allusions in the course of the day have been made to that which passes at the Old Bailey; no sentence that can be passed there, can be felt more by the persons on whom it is passed, than a verdict of Guilty will be felt by these three persons.

Gentlemen, from the attention I have observed every one of you giving to the evidence, and from the accuracy of the notes that have been taken by the noble and learned Judge, I have, at this late hour, this consolation left to me, that whatever I may omit, you will supply; whatever I shall not be able to impress upon you, in the manner it ought to be impressed upon you, will be brought to your consideration by his Lordship, and that that explanation which I shall feel myself unable to give, he will be in a situation to give; and with this hope, I proceed to call your attention to the case of these gentlemen:--My Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt; the interests of the other defendants being committed to much abler hands.

Gentlemen, there are very few of the introductory observations that were made to you by my learned friend, which I am in a condition, or feel any disposition to dispute. I by no means dispute, that what is charged in this indictment is not an offence of very considerable magnitude; if I was satisfied that it was not an offence which the law of the country reaches, I protest to you, that I would not take any objection upon that score; because I am quite convinced that acquittal, upon such a ground as that, would be an acquittal that would not answer the purpose of the respectable gentlemen that I represent before you.

Gentlemen, I have observed some of my learned friends asking questions, which seemed calculated to obtain answers on which some legal objection might be founded. I hope you will recollect, that I have never asked any such questions; on the contrary, I have avoided looking at the indictment, lest I should see any thing that should force an objection upon me, and prevent this case from being decided upon its merits.