"I do swear, on the morning of the 21st of February (which day was impressed on my mind by circumstances which afterwards occurred) I breakfasted with him at his residence in Cumberland-street, about half past eight o'clock, and I was put down by him (and Mr. Butt was in the coach) on Snow-hill, about ten o'clock; that I had been about three quarters of an hour at Mr. King's manufactory, at No. 1, Cock-lane, when I received a few lines on a small bit of paper, requesting me to come immediately to my house; the name affixed, from being written close to the bottom, I could not read. The servant told me it was from an army officer, and concluding that he might be an officer from Spain, and that some accident had befallen to my brother; I hastened back, and I found Captain Berenger, who, in great seeming uneasiness, made many apologies for the freedom he had used, which nothing but the distressed state of his mind, arising from difficulties, could have induced him to do. All his prospects, he said, had failed, and his last hope had vanished, of obtaining an appointment in America. He was unpleasantly circumstanced, on account of a sum which he could not pay, and if he could, that others would fall upon him for full £8000. He had no hope of benefiting his creditors in his present situation, or of assisting himself. That if I would take him with me he would immediately go on board and exercise the sharp-shooters, (which plan Sir Alexander Cochrane, I knew, had approved of.) That he had left his lodgings and prepared himself in the best way his means allowed. He had brought the sword with him which had been his fathers, and to that, and to Sir Alexander, he would trust for obtaining an honourable appointment. I felt very uneasy at the distress he was in, and knowing him to be a man of great talent and science, I told him I would do every thing in my power to relieve him; but as to his going immediately to the Tonnant, with any comfort to himself, it was quite impossible, my cabin was without furniture, I had not even a servant on board. He said he would willingly mess any where. I told him that the ward-room was already crowded, and besides I could not with propriety take him, he being a foreigner, without leave from the Admiralty. He seemed greatly hurt at this, and recalled to my recollection certificates which he had formerly shewn me, from persons in official situations. Lord Yarmouth, General Jenkinson, and Mr. Reeves, I think, were amongst the number. I recommended him to use his endeavour to get them, or any other friends, to exert their influence, for I had none, adding that when the Tonnant went to Portsmouth, I should be happy to receive him; and I knew from Sir Alexander Cochrane, that he would be pleased if he accomplished that object. Captain Berenger said, that not anticipating any objection on my part from the conversation he had formerly had with me, he had come away with intention to go on board and make himself useful in his military capacity;—he could not go to Lord Yarmouth, or to any other of his friends, in this dress, (alluding to that which he had on) or return to his lodgings where it would excite suspicion (as he was at that time in the rules of the King's Bench) but that if I refused to let him join the ship now, he would do so at Portsmouth. Under present circumstances, however, he must use a great liberty, and request the favour of me to lend him a hat to wear instead of his military cap. I gave him one which was in a back room with some things that had not been packed up, and having tried it on, his uniform appeared under his great coat; I therefore offered him a black coat that was laying on a chair, and which I did not intend to take with me. He put up his uniform in a towel, and shortly afterwards went away in great apparent uneasiness of mind; and having asked my leave, he took the coach I came in, and which I had forgotten to discharge in the haste I was in. I do further depose, that the above conversation is the substance of all that passed with Captain Berenger, which, from the circumstances attending it, was strongly impressed upon my mind, that no other person in uniform was seen by me, at my house, on Monday the 21st of February, though possibly other officers may have called (as many have done since my appointment;) of this, however, I cannot speak of my own knowledge, having been almost constantly from home, arranging my private affairs. I have understood that many persons have called under the above circumstances, and have written notes in the parlour, and others have waited there in expectation of seeing me, and then gone away, but I most positively swear that I never saw any person at my house resembling the description, and in the dress stated in the printed advertisement of the members of the Stock Exchange. I further aver that I had no concern, directly or indirectly, in the late imposition, and that the above is all that I know relative to any person who came to my house in uniform on the 21st day of February, before alluded to. Captain Berenger wore a grey great coat, a green uniform and a military cap. From the manner in which my character has been attempted to be defamed, it is indispensibly necessary to state that my connexion in any way with the funds, arose from an impression that in the present favourable aspect of affairs, it was only necessary to hold stock in order to become a gainer without prejudice to anybody; that I did so openly, considering it in no degree improper, far less dishonorable; that I had no secret information of any kind, and that had my expectation of the success of affairs been disappointed, I should have been the only sufferer. Further, I do most solemnly swear that the whole of the Omnium on account, which I possessed on the 21st day of February, 1814, amounted to £139,000 which I bought by Mr. Fearn (I think) on the 12th ultimo at a premium of 28-1/4, that I did not hold on that day any other sum on account in any other stock directly or indirectly, and that I had given orders when it was bought to dispose of it on a rise of one per cent, and it actually was sold on an average at 29-1/2 premium, though on the day of the fraud it might have been disposed of at 33-1/2. I further swear, that the above is the only stock which I sold of any kind on the 21st day of February, except £2000 in money which I had occasion for, the profit of which was about £10. Further, I do solemnly depose, that I had no connexion of dealing with any one, save the above mentioned, and that I did not at any time, directly or indirectly, by myself or by any other, take or procure any office or apartment for any broker or other person for the transaction of stock affairs."
"COCHRANE."
Mr. James Le Marchant sworn.
Examined by Mr. Bolland.
Q. Are you acquainted with Captain De Berenger?
A. I was so.
Q. When did your acquaintance with him commence?
A. About 18 months ago.
Q. How long did it continue?
A. It continued until the 16th of February to the best of my knowledge.
Q. Between those periods was Captain De Berenger in the habit of calling upon you frequently?