Then, on cross-examination, he says, "I know that £.40. note, by the copy I made of it in my waste-book"—he had not the waste-book here, but he says, "I know it also from my initials on the back of the note, made a day or two afterwards, when it was fresh in my recollection. I did not keep it distinct from my other notes, but I marked it between the 31st of March and the 4th of April; but" (what is more material) "I generally do not put my initials on bank notes, but I did on this; I had no other £.40. note at the time, and have had no other since;" so that that £.40. bank note is proved likewise.
Mr. Pattesall says, "I am a partner in the house of Bond & Co. I did not pay that check of Mr. Fearn's, it was paid by Mr. Evans, a clerk of ours." That person of the name of Evans never came, and was called on his subpœna.
They then produced two Napoleons, found in the pocket-book of De Berenger, and with that they closed the evidence on the part of the prosecution.
On the part of the defendant, they first read the letters of Le Marchant, which, as I have before observed, certainly reflect very much upon himself.
They then call Lord Melville, who says, "I am acquainted with Sir Alexander Cochrane; I recollect Sir Alexander more than once applying to me, that Mr. De Berenger might be allowed to accompany him, and to remain with him on the North American station, to which Sir Alexander Cochrane was appointed; it was shortly before Sir Alexander sailed upon the command; I think it was five or six months ago. Sir Alexander was desirous that he should accompany him, for the purpose of instructing either a corps to be raised in that part of the world, or the Royal Marines, in the rifle exercise; and afterwards, when Sir Alexander wished that an officer of engineers should accompany him, and when I suggested that it would be difficult to give him that assistance, from the small number of engineer officers that could be procured, Sir Alexander mentioned, that as an engineer officer, he would be quite satisfied with Mr. De Berenger. I think there was some rank necessary to accompany such an appointment. I said I could not agree to the appointment, as far as the naval service was concerned, but I advised him to apply to the Secretary of State, or to the Commander in Chief; stating, that if they agreed to it, I should have no objection to let him accompany Sir Alexander. Lord Cochrane was appointed to the Tonnant, about the time Sir Alexander Cochrane sailed. I have no personal knowledge of Mr. De Berenger."
Colonel Torrens, who is secretary to the Commander in Chief, says, "I remember an application being made on behalf of Captain De Berenger in the latter end of December, or the beginning of January, by Sir Alexander Cochrane, to urge the appointment of De Berenger to go to America, for the purpose of applying his talents in the light infantry drill, that is, the rifle service; he says, there were great difficulties started to this application; and in consequence of those difficulties the appointment did not take place. It was under consideration, however, at the Commander in Chief's office. I do not know personally the character of Mr. De Berenger."
Then Mr. Goulburn, Under Secretary of State for the Colonial Department, says, "there was an application made by Sir Alexander Cochrane, on behalf of De Berenger;" but he gives no further account.
William Robert Wale King says, "I am a tinplate worker. I was employed by Lord Cochrane, in making signal lanthorns and lamps. I made him a new sort of lamp, for which he had a patent. He came frequently, nearly every day, to my manufactory; he was there the 21st of February. He came between ten and eleven in the morning, that was about the time he usually came. I perfectly recollect the circumstance of a note being brought to him by his servant. I was present when the note was delivered. He immediately opened it, and retired into the passage; and he came into the workshop again, and shortly after went away. His Lordship had been about a quarter of an hour there, that is a mile and a half from Grosvenor Square; his Lordship only said 'very well, Thomas,' not making any observation expressive of anxiety as to his brother."
Mr. Bowering says, "I am clerk in the Adjutant General's Office. Major Cochrane, the brother of Lord Cochrane, was returned as with the army in the South of France, "sick," on the 25th of January. The returns ran from the 24th of December to the 24th of January."
Then Thomas Dewman says, "I am a servant to Lord Cochrane, and have been seventeen years in the family. I carried a note to Lord Cochrane at Mr. King's manufactory; I remember the gentleman coming to Lord Cochrane's in a hackney coach; I do not know that I have seen him before or since. He first asked, where Lord Cochrane was gone to? and I told him he was gone to Cumberland-street to breakfast, because his Lordship told me he was going there to his uncle's; I went there after him, and not finding him, I returned to the gentleman; his Lordship had told me to follow him with some globe glass to Mr. King's. I had been there on Saturday; I supposed he might be there; I told the gentleman that I most likely should find him there; I should however have gone, if the gentleman had not sent me; he took the note from me, and said, I will add two or three more lines. I took the note to his Lordship at Mr. King's; his Lordship read the note in my presence; I left him at Mr. King's; his Lordship had no man in Green-street but me; the other servant was in the country; he had been there two or three months before that; his Lordship had given Davis warning on his appointment to the Tonnant. Davis was not in his Lordship's service at that time, but he happened to be in the kitchen when the gentleman came; Davis is gone." This, it should seem, is only to account for not calling Davis. "Davis is gone with Admiral Fleming to the West Indies. It was a little past ten when the gentleman arrived. I was engaged to Lord Cochrane since Christmas; I had been in the family of Lord Dundonald; I do not know Holloway or Lyte. When I gave the note to Lord Cochrane, he said, 'Well, Thomas, I will return.' I waited on Major Cochrane when he first went into the army; I saw Lord Cochrane leave the place, that is Mr. King's."