"In the King's Bench.
"The King against Charles Random De Berenger, & others.
"Charles Random De Berenger, the above-named defendant, (having been found guilty of certain counts, but acquitted of the two first contained in this indictment,) maketh oath and saith, That he, this deponent, has zealously and loyally served His Majesty and this country as a volunteer, during a period of sixteen years, without ever receiving pay, remuneration, or reward of any kind, although by a most punctual and uninterrupted discharge of his various duties, his pecuniary interests and views were consequently greatly injured, but more especially during the time he acted as Adjutant, being for a period of near seven years, when his time was daily occupied more or less by the duties of that situation; and instead of drawing permanent pay, as is the usual custom of volunteer adjutants, he even put himself to considerable annual expences, to further the views of that service. And this deponent further saith, That the testimonials now produced in Court, as proofs of his energetic and loyal services, are of the proper hand-writing of the parties whose names are thereunto respectively subscribed. And this deponent further saith, That he has lost his paternal fortune, exceeding the sum of thirty-three thousand pounds, solely owing to his father's loyal adherence to the crown of Great Britain, during the American revolution; and that no indemnity of any kind has ever been given for such loss, either to his late father or to himself. That perfectly unprejudiced by such hard fate, this deponent constantly and without fee, or even condition for reward, has since, not only tendered his loyal assistance to this country to the utmost of his power, and in a variety of ways, but has actually given several important suggestions and communications, which although made use of by the offices of Government, still continue unrewarded. And this deponent further saith, that he lately lost a considerable fortune from the failure of an expensive and spirited endeavour on his part, having the formation of a national fund for the succour of artists, and the relief of their widows and orphans, for its object, whereby he was ruined a second time, and deprived, in consequence, of his liberty: that although distressed himself, and having numerous debts on his books due to him from Englishmen unable to pay, he has always been merciful to them. And this deponent further saith, That he has already suffered a painful imprisonment, ever since the eighth of April last, by which his means of defence were not only decidedly impeded, but his strength and health most materially injured; that in this particular, as also in the mode of seizing his papers and property, he has suffered considerable hardships, while his slender pecuniary resources, from the aforesaid causes, and by the heavy expences of his confinement and trial, are totally destroyed; and that on these accounts his sufferings have been greater than those of any of the other defendants. And this deponent also saith, that any further degradation must ruin his prospects in life for ever, and bring anguish and despair upon him, who has already suffered so severely from his attachment to this country; and he respectfully hopes, that his severe losses and ruined circumstances, his general exemplary conduct, his uninterrupted loyalty, and his many unrequited services, will have due weight with this honourable Court, in mitigation of punishment; he also relies that considerations additionally stimulating to forgiveness, will animate his judges, when it is stated, that deponent to this moment has received no recompence whatever, for his many patriotic exertions and ruinous sacrifices; and above all, that in consequence of his not having succeeded in obtaining a respite of the judgment for a short time, he has been prevented from experiencing the benefit of important affidavits, which he anxiously expected from other persons.
Charles Random De Berenger."
Mr. Topping. I was of Counsel with Mr. Serjeant Best on the trial; I am not furnished with any affidavit on the part of Mr. Butt.
Mr. Butt. I came into Court, my Lord, expecting the privilege of asking for a new trial, upon certain facts which I have put down in my pocket-book.
Lord Ellenborough. You are not in time to move for a new trial.
Mr. Butt. I know I am not, my Lord; I was merely going to explain——
Mr. Justice Le Blanc. If you appear by Counsel, your Counsel had better state what you have to suggest.
Mr. Topping. I have no instructions on the subject.