Mr. Fearn is shewn a check of the 5th of February; he says, "I gave that check to Mr. Butt on the day of its date." That was afterwards attempted to be proved, but it came, I think, to nothing.
Mr. Smallbone says, "On the 10th of February I drew that check, which was a check for £.470. 19. 4. I drew it for Lord Cochrane; I gave it him on some stock account; I think Mr. Butt was in the office at the time; I feel satisfied I gave it to Lord Cochrane, and not to Mr. Butt; I did not see him hand it to Mr. Butt; I presented it to him on the table, that he might see it." The check is then read, it is upon Messrs. Jones, Loyd & Company, dated the 19th of February, very shortly, that is on the Friday before the Sunday on which this person must have departed from town, it is payable to No. 119 or bearer, and is signed William Smallbone.
Then Edward Wharmby says, "I am a clerk to Jones, Loyd & Company. I paid that check on the 19th of February, in one £.200 note, two of £.100 each, and a £.50.; the £.200 note was No. 634, the £.100 notes were, one No. 18,468, and the other 16,601, and the £.50 note was No. 7,375."
Then to shew that Lord Cochrane dealt with the produce of this check as his own, Thomas Parker, the coal-merchant of Lord Cochrane, says, "I received in payment a bank note of £.50 from Lord Cochrane, which is this very note, the number of which is 7,375; I wrote on the back of the note, and that is my hand-writing." Therefore it appears that this check, which was drawn for Lord Cochrane, was in the first instance for his benefit; for £.50 of it went to his coal merchant, and the other notes appear to have come to him, or to Mr. Butt, and the produce is afterwards found at a very critical period in the hands of this person, De Berenger, seized after he had gone from London. The check itself is the 19th of February; the money is found in this desk after he had gone off.
Then the bank notes of £.100 each are shewn to Mr. Lance; he says, "On the 24th February I went to the bank to change some bank notes for smaller notes, by the desire of Mr. Butt;" the notes were shewn to him, and he says, "those are the notes," I received two hundred notes of £.1 each for them.
Upon his cross examination, he says, "I remember on the 15th of February Mr. Butt lending Lord Cochrane £.200;" but on examination, it turns out that he only heard it, and did not see it lent. "I went with this check to get the money to Jones and Loyd's, I gave the notes of £.100 each to Lord Cochrane, I was not present when Lord Cochrane paid those notes back to Mr. Butt, I received those notes from Mr. Butt afterwards, and it was by Mr. Butt's desire I changed them for small notes at the bank." Then he says, "I advanced £.450 to Lord Cochrane, as clerk to Mr. Smallbone; when he had got this check for £.450 he wanted £.200 more; Mr. Butt was not present. I do not know when Lord Cochrane gave these two £.100 notes to Mr. Butt, which by Mr. Butt's desire I took to the bank."
John Bilson and Thomas Northover, who are clerks in the bank, are shewn the two notes of £.100 each; Bilson says, these two notes were sent for payment in the bank on the 24th of February: I have the book here in my own hand-writing, they were paid in £.1 notes, and he specifies the number of each; we have looked over the notes in De Berenger's trunk before the grand jury; here are forty-nine, part of the two hundred.
Thomas Christmas says, "I am clerk to Mr. Fearn; I remember being sent on the 24th of February to change a note for £.200; I went to Messrs. Bond and Co's.; that is the note I gave; I received two notes of £.100 each; I then took those two notes to the bank, and changed them for two hundred notes of £.1 each; I gave them to Mr. Fearn; I did not see what Mr. Fearn did with them; I put Mr. Fearn's name upon the two £.100 notes before I gave them in at the bank." Mr. Miller, a bank clerk, produced the two £.100 notes, and Christmas says, "Those are the notes."
Mr. Fearn says, "On the 24th of February I received from Christmas two hundred notes of £.1 each; I gave them to Mr. Butt, and he gave them to Mr. Cochrane Johnstone."