Mr. Lavie says, the person Mrs. Davidson saw at the Temple getting out of the hackney coach, was Mr. Cochrane Johnstone, that she said she believed that the person who was striking the Jury, and who was Mr. Cochrane Johnstone, was the person who brought the letter on the Saturday.
Mrs. Davidson, on being called again, and further cross-examined, says, Mr. Lavie desired me to attend to see a gentleman; I was told Mr. Cochrane Johnstone was to be there; I will not swear that the person who left the letter was Mr. Johnstone. I had a conversation about the person with Smith, Mr. De Berenger's servant.
Then Mr. Launcelot Davidson, the husband of the last witness, is called; he says, "Mr. De Berenger lodged in my house; he quitted my house finally on Sunday the 27th of February. The Sunday before that, I saw him go out before eleven (that was on Sunday the 20th); I had been out before; I was waiting to hear the Asylum clock strike eleven; I saw him go out, I had seen him come in ten minutes before; when he came in, he had a plaid cloak on, which he had worn the winter; when he went out, he had a great coat of that colour (pointing to the grey coat produced by Solomon); as he went, I observed to my wife, there goes our lodger, he has a new great coat on; he did not come home again at all during that day, that I saw or heard; I did not see or hear him the next morning before nine; I go out at nine. I generally used to hear him before that time walking about, or ringing for his servant. I made an observation upon his servants going out on the Sunday at two; I do not think they were at home at four o'clock, which was Mr. De Berenger's usual dinner hour; the man servant always attended him when he dined, and the woman dressed his dinner; he did not dine at home on that Sunday. A conversation took place with the Smiths afterwards, respecting that Sunday night." Now to be sure it is a most obvious thing, that if he had been in town at that time, nothing could be so easy as to have proved where he dined; and probably those who might have been called to prove that fact, would have been persons of a better description than Donithorne, Tragear, and the other persons called, to give an account of him on that day.
On cross-examination he says, "I had nothing to do with his domestic life. He made a loud rap at the door, and had few visitors. I am a broker, and clerk of a broker, and out a considerable part of the day."
Gentlemen, the next evidence applies to the Northfleet part of the transaction.
Mr. Vinn says, (and to be sure it is an odd story he tells); "in consequence of a note left at my house, dated the 14th of February last, I went to the Carolina coffee-house on the 15th, where I met Mr. M'Rae, in company with an elderly gentleman; he desired me to sit down. I had known M'Rae before for some years, he was standing near the door, and in about seven or ten minutes, he came and joined me; he told me he had known me a long time, and that he thought he had now an opportunity of making my fortune; that he knew from the knowledge I had of languages, I should have an opportunity of benefiting others and myself; I asked him what the object was; he said not to travel abroad, but probably at home, and that almost immediately; that it was a scheme that he had in contemplation, to be employed by men of affluence and consequence, and that no man was more competent than myself; he said there was no moral turpitude in the business, but that it was practised daily by men of the first consequence." What M'Rae says, is, you will observe, evidence criminally only as against himself; because what he confesses, is not evidence to affect others. What he does, may affect others as parties to the conspiracy; but what he says cannot affect others; "that it was only biting the biters, or in other words, a hoax upon the Stock Exchange; and that by going down to Dartford, Folkestone or Dover, I should receive instructions." So that in his communications, Dover is mixed with Dartford, as the probable destination to which the parties to this business might be sent; "that it was necessary to have for himself and me, two dresses of French officers;" so that dresses similar to that in which the Dover plan was executed, were in his contemplation. "I there stopped him, and asked him whether he really meant to be employed in this transaction; to which he replied, certainly; and that I should be in the first place remunerated, and ultimately have a fortune made me: I replied with indignation, that I would as soon be concerned in a highway robbery; that I thought he had known me better; I expressed myself rather loudly, as offended at it; he endeavoured to hush me, saying, hush! that we might be overheard. He took me up Cornhill, where I left him; I told him if he would go with me to another coffee-house, I would introduce him to a person who, though I would not undertake the business, might do it. I took him there; it was the Jamaica coffee-house; there was a young man there, to whom I was about to introduce him; but he turned round suddenly, and I did not: upon M'Rae returning, he asked me whether I would not give him in writing some French sentences, sentences such as Vive le Roi, Vive les Bourbons, Vive Louis Dix huit; I gave him those terms in writing;" so that he might play off those terms, to assist in the prosecution of this business. A letter is then shewn to the witness; he says "this is the letter I received from M'Rae; it is his hand writing." The letter is in these terms, "Mr. Vinn, Please to meet me at the Carolina coffee-house, about eleven to-morrow, upon very particular business, yours," so and so.
On his cross-examination, he says, "I am an accountant; I have been acquainted with M'Rae five years and a half. I never bought and sold as a broker; I had been in business myself; there was no person to hear the conversation I have stated. I communicated this at the Stock Exchange to Mr. Rothery, and mentioned it publickly on the 15th, and that I had refused it; my object was not to get another person really to undertake the business, but to furnish myself with a confirmatory witness."
Sarah Alexander is called, and she proves very material circumstances as to the preparation for this North-fleet expedition, to take place at the same period of time as that from Dover. She says, "I live at Fetter-lane; I have lived there ever since last September. I know Mr. M'Rae; he lodged on the same floor that I did; he is a married man; his wife lived with him; on Saturday the 19th of February, he came to my room." The other military uniform, you will recollect, was purchased on this very same day for the Dover scheme: "He brought a small parcel, and gave it to his wife; he said it was of value, and bade her take care of it. He went out on Sunday the 20th; he went out between ten and eleven, and returned before twelve, and brought with him two coats and two opera hats; they were inclosed in a bundle; I saw the coats; they were very dark blue, done with braiding; they were officers coats; the flowers were of worsted embroidery; they were flat hats; one coat was lined with white silk; one coat and one hat was better than the other; the one had a brass plate and gold tassel; he put them on, and walked about, and asked whether he did not look like an officer." So that he was representing and playing this character before-hand: "He went out again, and came home before one, and brought some ribbon with him; he wanted two cockades to be made round; he applied to his wife; his wife asked what he was going to do with them; he said, to deceive the flats." So that he not only exhibits the materials by which he was to effect the fraud, but avows the object, "to deceive the flats;" that is, I suppose, credulous persons. "He put the cockades into his pocket, and the hats and coats in a bundle, and went out, saying he must be at Billingsgate, to start at two by the Gravesend hoy. The next day, I met him a quarter before two in Cursitor-street; he was dressed the same as he went out, in his own clothes; he had apparently the same bundle; he brought home one coat and one hat; the best coat and hat were in the bundle; he said he had slept at North-fleet, but he had the appearance of not having been a-bed at all; he brought home the cockades in his pocket; he appeared very tired: His wife unripped the cockades, and took the white lining out of the coat, and carried it to the dyers to be dyed black." Then she says, "From December to February we lodged together; we kept but one fire, and lived a good deal together; he was in a state of great indigence, and never had any money except a shilling or an eighteen-penny piece now and then; after the North-fleet expedition, he had a £.10 and a £.1 note, and the day before he finally left his lodgings, he had three £.2 notes; he finally left his lodgings on the 2d or 3d of March. On Sunday the 27th of February, he bought a new coat and a new hat; on Monday the 28th, he said he was to have £.50 for what he had done; he wished when he went away finally, for nobody to know where he was going; and I wished not to know." On the 2d or 3d of March this gentleman disappears as the other De Berenger had done on the 27th; such were the nearly contemporaneous and similar actings of these parties. Both of them on Saturday are making preparations for a scheme which is to operate on London at the same period; you will consider whether there was not a communion of purpose in these persons, whether they did not conspire to produce a common end, though they might not particularly know how the others were co-operating with them at that time; in short, whether there might not be one master workman, who played the puppets in both directions. Then you have the course of the Northfleet people.
Philip Foxall, (the next witness), says, "I keep the Rose Inn at Dartford;" a letter was shewn to him, he says, "I received that letter from Mr. Sandom, I knew him by his frequently having chaises from my house." That note is one in pencil, ordering a chaise, "please to send me over immediately, a chaise and pair to bring back to Dartford, and have four good horses ready to go on to London with all expedition." "I sent a chaise over to Northfleet, and had horses ready, as the letter advised me; the chaise on its return drove furiously into my yard, with Mr. Sandom and two gentlemen with white cockades, and large flat hats, quite plain, except white ribbon or paper, and blue clothes, I cannot say whether they were plain. I forwarded them with four horses. I asked Mr. Sandom whether they would breakfast; he said no, they have breakfasted at my house, they have been out in an open boat all night, and are very much fatigued; I asked who are they? Sandom said he did not know, but they had news of the utmost consequence, and begged I would let them have good horses; they ordered a chaise and horses for Westminster."
On his cross-examination he says, "I think I must have received the note about seven o'clock in the morning; the chaise with Sandom and the other gentlemen came back in about an hour. I was surprised to see it in so short a time. I only know Sandom by his having chaises at my house to Northfleet. I understood he lived there; he had been in the habit for nine months before that, of occasionally having horses from my house." This evidence introduces Mr. Sandom in this chaise, with these persons in this assumed garb, and presents him therefore as acting in this purpose.