Another observation which one cannot fail to make in the present instance, is, that in the course of this inquiry, certainly with respect to the defence made by the defendant De Berenger, one cannot find any circumstances of which the court can lay hold, as a ground upon which they can mitigate the offence which the law calls for to be inflicted upon that defendant, because after a weight of evidence not depending upon the testimony of two, three, four or six persons, as to the identity of the man and his clothes, an attempt was made at the trial to delude the jury and the court, by inducing them to believe that he was at another place at the time, and that it was not De Berenger who had appeared at Dover; that it was not De Berenger who had travelled from Dover to London in the way described; and that it was not De Berenger who had been landed at last in the house of Lord Cochrane.
Though the court could not consistently with its rules hear the application for a new trial made by my Lord Cochrane within the first four days of the term, yet still it was willing to afford the opportunity at any time to state circumstances which might operate upon the mind of the court to show that the verdict had been improperly come to, and that the evidence did not justify it: but what was the attempt upon the part of that defendant, my Lord Cochrane, to show that he ought to have had a new trial?—that certain witnesses who were present at the time of the trial had not been examined; and that some of those who had been examined had not been examined to facts which it was wished they should be examined to; and what were those facts? why they went to show that at the time De Berenger was at the house of my Lord Cochrane he appeared, not in a red uniform, as was described by so many witnesses, and among others, the person who landed him at that house, but that he had on the green uniform, in which, from the situation he had been in, in a rifle volunteer corps he had been in the habit of appearing. It was probably a very prudent exercise of discretion in those who had the conduct of the case of that defendant at the trial, not to attempt to call servants at the house for the purpose of disproving a fact which had been proved by so many witnesses; and it is impossible to conceive that any change of dress could have taken place during that short interval, from the time at which he had got out of the coach, to the period when he had appeared before Lord Cochrane; or what could be the motive for changing his dress, if he then had on the uniform of any corps of volunteers in this town.
These are the observations which naturally present themselves as arising out of the detail of the evidence which has been read. It cannot be necessary to expatiate at all upon the nature of the offence. It is a conspiracy of the greatest magnitude, and of the most prejudicial effect to the community; it is conceived in mischief, and a great deal of deliberation practised previously to its being put into execution. In this respect an offence of this description differs from most of the offences which come under the cognizance of a court of criminal jurisdiction. In many cases offenders have been led to transgress the law by a suggestion of the moment; by a temptation, which, as it has been urged sometimes at the bar, human nature could not resist; but in the present instance it has been deliberately undertaken; great contrivance, and great previous consideration, have been used for the purpose of laying the plan and procuring the actors who were to bear their different parts of it; and the whole object of it founded in avarice on the part of some, and the hope of gain for acting that part which the others took in this transaction, not for their own immediate emolument, except so far as they were to receive the wages of their iniquity.
The court has deliberated upon the case, and the court cannot, in this instance, feel itself justified in measuring out justice to one by a different measure from that in which justice would be measured out to others; the sentence therefore of the court upon you, the several defendants now upon the floor, is, That you, Sir Thomas Cochrane, otherwise called Lord Cochrane, and you Richard Gathorne Butt, do severally pay to the King a fine of one thousand pounds each; that you, John Peter Holloway, the third person who was to be benefited by this conspiracy, do pay to the King a fine of five hundred pounds; that all you the six several defendants, Charles Random De Berenger, Sir Thomas Cochrane, commonly called Lord Cochrane, Richard Gathorne Butt, Ralph Sandom, John Peter Holloway, and Henry Lyte, be severally imprisoned in the custody of the Marshal of the Marshalsea of our Lord the King for twelve calendar months; and that during that period you, Charles Random Be Berenger, you, Sir Thomas Cochrane, otherwise called Lord Cochrane, and you, Richard Gathorne Butt, be severally set in and upon the pillory, opposite the Royal Exchange in the City of London, for one hour, between the hours of twelve at noon and two in the afternoon; and that you be now severally committed to the custody of the Marshal of the Marshalsea, in execution of this sentence, and be further imprisoned until your several fines be paid.
TABLE of CONTENTS.
| Page. | ||
| The Indictment | [3] | |
| The Counsel for the Crown and for the Defendants | [14] | |
| The Jury | [15] | |
| Mr. Gurney's Speech in opening the Case | [15] | |
| Evidence for the Prosecution | [58] | |
| John Marsh's Examination | [58] | |
| Thomas Worthington Gourley's Examination | [66] | |
| Eliott Edis's Examination | [71] | |
| Mr. William St. John's Examination | [76] | |
| William Ions's Examination | [85] | |
| Admiral Thomas Foley's Examination | [86] | |
| Mr. Germain Lavie's Examination | [90] | |
| Letter signed R. Du Bourg, addressed to Admiral Foley, dated Deal, February 21, 1814 | [94] | |
| Thomas Dennis's Examination | [95] | |
| Edward Broad's Examination | [97] | |
| Michael Finnis's Examination | [99] | |
| Mr. William Wright's Examination | [100] | |
| James Overy's Examination | [106] | |
| William Tozer's Examination | [108] | |
| Thomas Shilling's Examination | [110] | |
| William Bartholemew's Examination | [118] | |
| Richard Barwick's Examination | [120] | |
| William Crane's Examination | [122] | |
| George Odell's Examination | [125] | |
| Mr. Francis Baily's Examination | [127] | |
| Mr. Robert Watson Wade's Examination | [127] | |
| Simeon Kensington Solomon's Examination | [128] | |
| Abigail Davidson's Examination | [132] | |
| Mr. Germain Lavie's further Examination | [137] | |
| Abigail Davidson's further Examination | [138] | |
| Launcelot Davidson's Examination | [138] | |
| Thomas Vinn's Examination | [141] | |
| Letter signed Alexr M'Rae, addressed to Mr. Vinn, dated 14 February 1814 | [144] | |
| Sarah Alexander's Examination | [147] | |
| Mr. Philip Foxall's Examination | [152] | |
| Letter signed R. Sandom, addressed Mr. Foxall, dated Monday morning | [153] | |
| Foxall Baldry's Examination | [155] | |
| Mr. Francis Baily's further Examination | [157] | |
| Mr. Joseph Fearn's Examination | [160] | |
| Mr. Robert Hichen's Examination | [174] | |
| Mr. William Smallbone's Examination | [176] | |
| Mr. Malcolm Richardson's Examination | [181] | |
| Mr. Francis Baily's Examination | [183] | |
| General Statement of Omnium and Consols | [184] | |
| Accounts of A. C. Johnstone, Lord Cochrane, and R. G. Butt | to be placed opposite | [184] |
| Mr. James Wetenall's Examination | [188] | |
| Mr. Charles Addis's Examination | [192] | |
| Letter signed A. Cochrane Johnstone, addressed "Mr. Addis" | [193] | |
| Mr. James Pilliner's Examination | [194] | |
| Mr. James Steers's Examination | [196] | |
| Mr. John Wright's Examination | [197] | |
| Mr. Malcolm Richardson's further Examination | [200] | |
| Affidavit made by Lord Cochrane, dated 11 March 1814 | [201] | |
| Mr. James Le Marchant's Examination | [205] | |
| The Hon. Alexander Murray's Examination | [213] | |
| William Carling's Examination | [218] | |
| Mr. Barnard Broochooft's Examination | [220] | |
| Mr. Joseph Wood's Examination | [221] | |
| Extract from De Berenger's Memorandum-book | [224] | |
| Mr. Joseph Fearn's further Examination | [229] | |
| Mr. Joseph Brumfield's Examination | [229] | |
| Mr. William Smallbone's further Examination | [230] | |
| Check on Messrs. Jones, Loyd & Co. dated 10 Feb. 1814 | [231] | |
| Edward Wharmby's Examination | [231] | |
| Benjamin Lance's Examination | [231] | |
| Mr. Joseph Fearn's further Examination | [232] | |
| Letter signed A. Cochrane Johnstone, addressed to the Chairman of the Committee of the Stock Exchange, dated 12 April 1814 | [232] | |
| Letter signed A. M'Rae, addressed to the Hon. Cochrane Johnstone, dated 12 April 1814 | [233] | |
| Letter signed A. Cochrane Johnstone, addressed to Mr. Charles Laurence, dated 18 April 1814 | [233] | |
| Letter from the same to the same, dated 18 April 1814 | [234] | |
| Edward Wharmby's further Examination | [235] | |
| Mr. Thomas Parker's Examination | [236] | |
| Benjamin Lance's further Examination | [236] | |
| John Bilson's Examination | [240] | |
| Hilary Miller's Examination | [242] | |
| Thomas Christmas's Examination | [242] | |
| Mr. Joseph Fearn's further Examination | [244] | |
| John Bilson and Thomas Northover's Examination | [244] | |
| Mr. Joseph Fearn's further Examination | [244] | |
| Mr. Bishop Bramley's Examination | [245] | |
| John Bilson and Thomas Northover's further Examination | [247] | |
| Benjamin Lance's further Examination | [247] | |
| John Isherwood's Examination | [247] | |
| Mr. John Seeks's Examination | [248] | |
| Mr. Germain Lavie's further Examination | [249] | |
| Benjamin Bray's Examination | [250] | |
| Mr. Pattesall's Examination | [253] | |
| Mr. Serjeant Best's Speech | [256] | |
| Mr. Park's Speech | [292] | |
| Mr. Serjeant Pell's Speech | [319] | |
| Thursday, 9 June 1814. | ||
| Evidence for the Defendants | [334] | |
| Letter signed Js. Le Marchant, addressed to Lord Cochrane, dated 6 April 1814 | [334] | |
| Letter from the same to the same, dated 7 April 1814 | [335] | |
| Letter signed Cochrane, addressed Col. Le Marchant, dated 8th April 1814 | [336] | |
| Letter signed Js. Le Marchant, addressed to Lord Cochrane, dated 8th April 1814 | [336] | |
| James Le Marchant's statement of conversation with R. De Berenger | [337] | |
| Lord Viscount Melville's Examination | [340] | |
| Colonel Torrens's Examination | [342] | |
| Henry Goulburn, Esq. M. P. Examination | [344] | |
| William R. W. King's Examination | [345] | |
| Mr. Bowering's Examination | [347] | |
| Thomas Dewman's Examination | [347] | |
| Mr. Gabriel Tahourdin's Examination | [352] | |
| Letter signed A. Cochrane Johnstone, addressed to Mr. Tahourdin, dated 22 February 1814 | [356] | |
| Letter signed C. R. De Berenger, addressed to the honourable Cochrane Johnstone, dated 22 February 1814 | [357] | |
| Letter signed Gabriel Tahourdin, dated 23 February 1814 | [361] | |
| Receipt for £.50. signed C. R. De Berenger, dated 20 September 1813 | [363] | |
| Receipt for £.200. signed C. R. De Berenger, dated 28 February, 1814 | [364] | |
| Promissory Note for £.200. signed C. R. De Berenger, dated 26 February 1814 | [364] | |
| General Campbell's Examination | [371] | |
| The Earl of Yarmouth's Examination | [372] | |
| Captain Sir John Poo Beresford's Examination | [377] | |
| James Stokes's Examination | [378] | |
| William Smith's Examination | [379] | |
| Ann Smith's Examination | [392] | |
| John M'Guire's Examination | [400] | |
| Mr. Thomas Hopper's Examination | [407] | |
| —— M'Guire's Examination | [409] | |
| Henry Doyle Tragear's Examination | [410] | |
| Mrs. Tragear's Examination | [420] | |
| Isaac Donithorne's Examination | [425] | |
| Mr. Gurney's Reply | [432] | |
| Lord Ellenborough's summing up | [448] | |
| The Verdict | [531] | |
| Tuesday, 14 June 1814. | ||
| Proceedings on Lord Cochrane's Application for a new Trial | [532] | |
| Monday, 20 June 1814. | ||
| Argument on Motion in arrest of Judgment | (Mr. Serjeant Best) | [535] |
| (Mr. Park) | [548] | |
| Judgment of the Court thereon | (Lord Ellenborough) | [550] |
| (Mr. Justice Le Blanc) | [551] | |
| (Mr. Justice Bayley) | [552] | |
| (Mr. Justice Dampier) | [553] | |
| Lord Cochrane's Speech on application for a new Trial | [554] | |
| Affidavit of Lord Cochrane | [563] | |
| Affidavit of The Hon. William Erskine Cochrane | [568] | |
| Statement of Major The Hon. William Cochrane's Complaint | [569] | |
| Charles Random De Berenger's Affidavit | [571] | |
| Mr. Butt's Speech | [573] | |
| Mr. Park's Speech | [575] | |
| Mr. Richardson's Speech | [577] | |
| Mr. Serjeant Pell's Speech | [577] | |
| Mr. C. F. Williams's Speech | [581] | |
| Mr. Denman's Speech | [581] | |
| Mr. Gurney's Speech | [582] | |
| Tuesday, 21 June 1814. | ||
| Mr. Justice Le Blanc's Speech in pronouncing Sentence | [588] | |
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