Mr. Le Marchant is next called; there is a great deal, he says, which is no evidence against any body but the person who relates it; viz. captain De Berenger, and I do not think it at all necessary to state it; he does himself no credit, and he is a person on the statement of the letters which have been read, whom Government might do very well in letting ride at anchor here without going abroad. He says, however, "I became acquainted with captain De Berenger about eighteen months ago, our acquaintance continued until the 16th of February; from the 10th to the 16th of January he spent his evenings with me occasionally; I learnt that he was connected with Lord Cochrane and Mr. Cochrane Johnstone; he stated that he was about to go to America, under the command of Lord Cochrane; upon his mentioning this, I put the question to him, how he could possibly do it under the embarrassments that he lay under, upon which he answered that all was settled on that score; this conversation passed about the 14th of February; he said, that for the services he had rendered to Lord Cochrane and Mr. Cochrane Johnstone, whereby his lordship could realize a large sum of money, by means of the funds or stocks. His lordship was his friend, and had told him a few days before, that he had kept unknown to him till that period, a private purse for him De Berenger, he frequently mentioned particular intimacy of dining, breakfasting, and supping with his lordship; he said, in this purse he had deposited a certain per centage out of the profits which his lordship had made by his stock suggestion." This is only what De Berenger says, and the declarations of persons are evidence only against the parties themselves who make them, and do not prove the fact as against any body else. "I afterwards heard of the events of the 21st of February, and made known my suspicions, that captain De Berenger had been active in them, to captain Wright of the East India Company's service, and lieutenant Taylor of the 22d infantry;" he said the per centages were for the benefit of his (De Berenger's) ideas he had given to Lord Cochrane and Mr. Cochrane Johnstone as to stock transactions; it applied to both.
Upon his cross-examination, he says, "I have been corresponding with Lord Cochrane, I am not now a prisoner in the King's Bench, I have never had any communication with Lord Cochrane but in writing; my promotion is not suspended, I hold the situation of Secretary and Register to the Court of Antigua and Montserrat: I have been prevented from going out in consequence of being compelled to give my evidence either at this court or some other court, and only for that purpose; this is my hand-writing; most undoubtedly I must have been compelled to give this evidence upon oath if called upon in a court of justice; I do not give my evidence from resentment, or from any refusal to lend me money; I know one Palfreyman," he is not called. "I am persuaded I never represented myself as having any resentment against Lord Cochrane to Mr. Palfreyman, nor said to him, that I would be Lord Cochrane's ruin;" and it is not proved that he did. "I never told him that I would assist the Stock Exchange; I have a very slight acquaintance with Mr. Palfreyman. The conversation with De Berenger was about the 14th of February; he mentioned to me, that he had expectations of getting some employment in America, to serve under Lord Cochrane; he particularly wished to be employed, that he might be useful in drilling the sharp-shooters, and said other things of that sort; I had a very high opinion of him, as being acquainted with the service; he was adjutant for a number of years in the Duke of Cumberland's sharp shooters. I do not know of his making preparation to go to America at that time, if he should be successful in procuring the appointment he was soliciting."
Upon his re-examination, he says, "The Stock Exchange applied to me to give them information, and sent me a subpœna after Lord Cochrane's publication."
The honourable Alexander Murray is called; he says, "I am not at present an officer in His Majesty's service, I am now in the King's Bench. I have been acquainted with captain De Berenger a year and a half; I was introduced to him by Mr. Tahourdin, who is my solicitor, and likewise Mr. De Berenger's; we were frequently together; when I first went over to the Rules of the Bench, I lodged with Mr. De Berenger in the same house, for about one month; towards the end of January, or beginning of February, I had a conversation with him about a pamphlet that Mr. Harrison was writing, respecting the trial between Mr. Basil Cochrane and Mr. Harrison; Captain De Berenger was, I knew from himself, employed in planning out a small piece of ground for Mr. Cochrane Johnstone; he said that he had a plan in view, with Lord Cochrane and Mr. Cochrane Johnstone, which if it succeeded," this is what De Berenger said, "would put many thousand pounds in their pocket; I asked, is that the plan with regard to Ranelagh, which it was proposed to build on Mr. Cochrane Johnstone's land; and he said no, it is not; it is a far better plan. I knew there was a very particular intimacy between Mr. De Berenger and Mr. Cochrane Johnstone; I understood Lord Cochrane was a more recent acquaintance, but that there was some acquaintance; I understood that there was a great acquaintance between him and Mr. Cochrane Johnstone, and that he was with him almost every day."
Upon his cross examination, he says, I have known Mr. De Berenger a long while; he is a man of considerable science and attainments; he had been for a considerable time before employed in drawing plans for the Ranelagh. Mr. Cochrane Johnstone has a house in Alsop's Buildings, and about an acre of land behind it, which was to be converted into something upon the plan of the old Ranelagh. As far as I have seen, I believe Mr. De Berenger to be a man of honour and integrity; I saw nothing but the most perfect gentleman during the time I lodged under the same roof.
William Carling says, "I am servant to the Honourable Basil Cochrane. Mr. Cochrane Johnstone and Lord Cochrane visited at my master's house, in company with Baron De Berenger, the gentleman there," pointing to him. "De Berenger came there to dine as a visitor; he was invited by my master. Lord Cochrane and Mr. Cochrane Johnstone dined there with him once, did not the second time; they appeared to be acquainted with him."
Then, on cross-examination, he is asked, when this took place, he says, "In January the first time, and the next in February. I cannot say the precise day; there was a dinner party, four or five there. Sir Alex. Cochrane and his Lady there the first time; an indiscriminate mixture of company, De Berenger was one of them. I did not learn that Mr. De Berenger was going to serve in America."
Barnard Broochooft, Clerk to the Marshal of the King's Bench, is next called. He says, "I know Captain De Berenger. He has been a prisoner in the King's Bench prison from the latter end of the year 1812, to within a month or six weeks of the present time; he had the Rules. I missed him for some months. Mr. Cochrane, a bookseller in Fleet-street; and Mr. Tahourdin the solicitor, were his securities for the Rules: they entered into this surety nearly two years ago. I cannot recollect seeing him on the morning of the 21st of February. The security was under £.400; they generally take £.100 beyond the amount of the debt and costs." So that it appears he was not very heavily charged in debt at that time; however, his debts might be, as supposed by Lord Cochrane, £.8,000.
Joseph Wood, the Messenger of the Alien Office says; "I left London on the 4th of April, in order to find De Berenger. I found him at Leith, on the 8th of April; I found him in possession of a writing desk, containing papers and bank notes; before I parted with any of them I marked them before the Grand Jury; there were guineas and half guineas, and two Napoleons in the pocket book." He produced two packets, and a pocket-book containing a £.50 bank note, four £.5 notes, and two Napoleons in a pocket-book. He also produced a memorandum-book, and a paper of memorandums, and a road-book. A memorandum is shewn to Mr. Lavie, which he says he believes to be Mr. De Berenger's hand writing.
Mr. Wood says, on his cross examination, "I carried the box and the papers before the Grand Jury, by orders of the Secretary of State. I was subpœnaed to bring it before the Grand Jury; the seals put on at Edinburgh, were taken off by order of the Secretary of State, before I went before the Grand Jury; it has been in my possession ever since I took it at Edinburgh. When I went to Holland, in my absence, Mr. Tahourdin wished to see it, and Mr. Musgrave opened it for him; the seals had been opened before that time. I was absent about a week or ten days. I was present all the time it was before the Grand Jury; it was locked up with all its contents; when I went out I locked it, and left it upon the jury table; I had the key; I was present when Mr. Lavie and Mr. Wakefield, and another gentleman of the Stock Exchange were with Mr. De Berenger the day he arrived. I was present the greatest part of the time. Mr. Wakefield went very close to Mr. De Berenger, and I declare I do not recollect any particular words; he put some questions respecting the Stock Exchange. I did not hear any names mentioned. I remember the word information, that they wanted information, but that is all I recollect. Mr. De Berenger said he was unwell, and exhausted by his journey. Mr. Wakefield conversed with him about ten minutes; I put my marks upon these things before I went to Holland." So that his going to Holland is immaterial, for his marks put upon them before he parted with them, identify the bank notes, and the bank clerks say they gave them in exchange for other notes.