Part 26
_Lord Ellenborough._ I understood him to be called to prove, that Mr. Tahourdin was a surety for the defendant; I never heard an observation made upon Mr. Cochrane, as being a relation.
_Mr. Park._ Are you acquainted with the hand-writing of your client, Mr. De Berenger?
_A._ Perfectly.
_Q._ That letter, or those letters lying before his Lordship, which have been proved, I think you say they are his hand-writing?
_A._ There is only one.
_Q._ Have you ever seen that letter before you saw it yesterday? (_handing to the witness the letter sent to Admiral Foley._)
_A._ Never; I just saw it yesterday, and that was all.
_Q._ Upon the knowledge you have of the hand-writing of Mr. De Berenger, is that, in your judgment, the hand-writing of Mr. De Berenger or not?
_A._ Certainly not.
_Lord Ellenborough._ Be upon your guard.
_Mr. Park._ Be upon your guard, and look at it attentively. You have many times seen and read his letters?
_A._ A thousand times, and received a thousand letters from him.
_Q._ And you do not believe it to be his hand-writing?
_A._ I do not indeed; it is not his hand-writing.
_Lord Ellenborough._ That is the Dover letter?
_Mr. Park._ Yes it is, my Lord. If your Lordship will look at that and the other letter, you will see a marked difference.
[_The witness compared the two letters._]
_Lord Ellenborough._ The gentleman may look at the two letters; but that furnishes no argument, for a person would certainly write a disguised hand at that time, if ever he did in his life. This gentleman does not go on belief that it is not, but he swears positively that it is not his hand-writing.
_Mr. Park._ Certainly, my Lord; and there is, on the other side, only Mr. Lavie. This gentleman having seen Mr. De Berenger write a thousand times, and received a thousand letters from him. Do you, in your judgment and conscience believe, that that is a disguised hand of Mr. De Berenger?
_A._ I do not.
_A Juryman._ Why did you take the two letters up to compare the two hand-writings, if you had no doubt in your mind?
_A._ I had no doubt at all of it.
_Lord Ellenborough._ Why did you compare the two then?
_A._ I wished to be circumspect; but if my life rested upon it, I should say, this is not his hand-writing, according to my belief and judgment.
_Mr. Park._ What has been, for the number of years you have known this person, his general character?
_A._ I have always considered him a man of strict honour and integrity.
_Q._ We have heard he has been in difficulties?
_A._ He has been.
_Q._ And he is a debtor of yours?
_A._ Yes, he is a very large one.
_Q._ To what amount have you trusted him?
_A._ To the extent, I believe, of about £.4,000, and upwards, besides my professional claim.
_Lord Ellenborough._ In money.
_A._ Yes, in money.
_Mr. Gurney._ I only want to ask Mr. Wood as to this road book. I believe it has been identified before.
_Lord Ellenborough._ That was put in yesterday.
_Mr. Jones._ I had it yesterday in my hands; it was put in by Mr. Wood.
_Mr. Gurney._ I wish to shew Mr. Tahourdin the hand-writing in that book.
_Lord Ellenborough._ The hand-writing in that road book certainly was as extremely like the Dover letter as ever I saw any thing in my life. [_The road book was handed to Mr. Tahourdin._]
_Cross-examined by Mr. Gurney._
_A._ Have the goodness to look at that pencil-writing in that road book; do you believe it to be Mr. De Berenger's hand-writing.
_Lord Ellenborough._ Now be upon your guard.
_Mr. Gurney._ Look at both pages.
[_The witness examined it._]
_A._ Some of it appears to be more like his hand-writing than the other part.
_Q._ Do not you believe it all to be his hand-writing?
_A._ No, I do not indeed.
_Q._ How much of it do you believe to be his hand-writing.
_Lord Ellenborough._ State the parts where you think the likeness ends, and where you think somebody else has taken up the pencil and written a part of it.
_A._ That looks more like his hand-writing [_pointing it out_] but it is not the general writing of Mr. De Berenger.
_Mr. Gurney._ How much of it do you believe to be his writing?
_A._ Some part of it looks more like his writing than other part.
_Q._ Is there any part which you believe is not?
_A._ The writing part is not at all like his writing.
_Q._ I ask you as to nothing but the writing part?
_A._ Some are figures.
_Q._ Looking at those two pages, you say it is not all his hand-writing?
_A._ No, I do not think I did.
_Q._ That was your first answer?
_Lord Ellenborough._ You said "There is some more like his hand-writing, but I do not believe it all is."
_Mr. Gurney._ How much is there of it that you do not believe to be his writing.
_A._ Some of the letters look like his hand-writing.
_Q._ How much or how little of it do you think to be his hand-writing?
_A._ The smaller parts look like his hand-writing.
_Q._ Now I ask you upon your oath, have you any doubt of the whole of those two pages having been written by the same hand?
_A._ Upon my word it is difficult to say.
_Q._ Not at all so; I have looked at it attentively, and I know it is not difficult to say; do not you believe it all written by the same hand?
[_The witness examined it again._]
_Lord Ellenborough._ You can say whether you believe it to be De Berenger's hand-writing?
_A._ Upon my word, I really do not know what to say.
_Mr. Gurney._ I am quite content with that answer?
_Lord Ellenborough._ Mr. Park, would you like to look the Dover letter?
_Mr. Park._ I am no judge of hand-writing, my Lord.
_Lord Ellenborough._ That may be a concealed hand-writing, and I should think it extremely likely.
_Mr. Park._ I mean to call other witnesses to this; I have nothing to conceal in this case?
_Lord Ellenborough._ No; you announced to us that you flatly contradict the whole of the story as to Mr. De Berenger.
_Mr. Park._ Yes, I do my Lord; I observe this is all pencilling which has been shewn to you?
_A._ Yes, it is.
_Mr. Park._ Is this pencil writing in the same kind of character that a man writes when he writes with pen and ink; are you enabled to say from your knowledge of the hand-writing, whether it is or is not?
_A._ That it is which puzzles me more than any thing, its being in pencil.
_A Juryman._ We should like to see that road book.
_Mr. Park._ Does your Lordship think the jury have a right to see that; they cannot take it for the purpose of comparing with any thing else?
_Lord Ellenborough._ It is in evidence, being found in the desk of the defendant, they may look at each, if they please.
_General Campbell, sworn._
_Examined by Mr. Brougham._
_Q._ Do you know Mr. Cochrane Johnstone?
_A._ I do.
_Q._ Did you meet him in the month of September or October last, at a meeting or hunt in Scotland?
_A._ I met him the second week, I think in last October, at the Perth meeting.
_Q._ Did he at that time shew you some plans and prospectus of the new place of amusement, in the nature of a Ranelagh?
_A._ I saw in Mr. Cochrane Johnstone's hands, the prospectus of a new public place, he called it, to be erected in the Regent's Park, or the neighbourhood of the Regent's Park.
_Q._ Do you recollect the name he gave to it?
_A._ I think he called it Vittoria.
_Q._ Will you look at the prospectus, and see whether that is the same? [_The prospectus was shewn to the witness._]
_A._ I believe this is a copy of the same that I saw.
_Q._ Look at the plan?
_A._ He did not shew me the plan.
_Q._ Did he shew this prospectus, and communicate to other persons at that meeting upon the subject of it, as well as you?
_A._ I cannot speak to that; he communicated to me in my own apartment or his own, I cannot recollect which.
[_Mr. Hopper was called, but did not answer._]
_Mr. Serjeant Best._ This gentleman was taken very ill, being kept here last night; if he comes by and by, I trust your Lordship will permit him to be examined out of his turn.
_Lord Ellenborough._ Certainly, at any period.
_Mr. Serjeant Best._ That is the case of the three defendants for whom I appear.
_The Right Honourable the Earl of Yarmouth sworn._
_Examined by Mr. Park._
_Q._ You are I believe, or were, the Colonel of the Duke of Cumberland's sharp-shooters?
_A._ Lieutenant-colonel commandant.
_Q._ It is called the corps of sharp-shooters?
_A._ Yes.
_Q._ Captain De Berenger was adjutant of that regiment, was he not?
_A._ He was a non-commissioned officer, acting adjutant.
_Q._ How long have you known Mr. De Berenger?
_A._ Ever since a few days after I was elected to command that corps; that was in the beginning of the year 1811; I cannot fix the day, very early in that year I know it was.
_Q._ Has your Lordship had opportunities of seeing Mr. De Berenger write, or of receiving letters from him, and of acting upon those letters from him.
_A._ I have received a great many letters from him, and have seen him write occasionally.
_Q._ And you have seen him, probably, on the subject of the contents of those letters?
_A._ Very frequently; two or three times I have seen him alter the regimental orders, and have received very many letters from him.
_Q._ Are you, from that opportunity that you have described, in a capacity to state to his Lordship and the jury, whether you are acquainted with his character of hand-writing?
_A._ As well as I am with that of any other gentleman with whom I have been in the habit of correspondence.
_Q._ Then, not knowing what your Lordship's answer may be, I will trouble your Lordship to look at that.--[_The letter sent to Admiral Foley was handed to his Lordship._]
_A._ I will read it through, if you please.--[_His lordship read the letter._]
_Q._ Supposing you had heard none of the circumstances which this trial has brought to every body's ears, and of which your Lordship has heard so much yesterday; from the character of the hand-writing of Mr. De Berenger, should you have believed it to be his hand-writing?
_A._ Certainly not.
_Q._ Your lordship, I believe, knows that in the month of July, this gentleman was very urgent and solicitous to go out as a sharp-shooter to America, with Sir Alexander and afterwards with Lord Cochrane?
_A._ He mentioned to me one day, when he came to me on the business of the corps----
_Q._ Was that in January?
_A._ I think so; but I cannot swear to the date; he mentioned to me, that he had very nearly arranged to go out, to drill the crew and the marines on board of the Tonnant. I thought he mentioned it in a way to suggest, that he wished some little additional influence, and I got rid of the thing.
_Cross-examined by Mr. Gurney._
_Q._ The writing of that is larger than Mr. De Berenger usually writes?
_A._ Certainly, it is longer.
_Q._ The character of the letters is longer?
_A._ Oh, certainly; it is a very round small hand he generally writes, and a very pretty hand.
_Q._ Will your lordship look at that letter, and tell me, whether you received that letter at or about the time that it bears date? (_shewing a letter to his lordship._)
_A._ Yes; either the day it bears date, or the day immediately after it.
_Mr. Gurney._ I request Mr. Law will mark that letter; the date of it is March the 19th?
_A._ I believe I marked the cover.
_Q._ Will your lordship have the goodness to look at the hand-writing in that road book (_shewing it to his lordship_); that I believe is larger than Mr. De Berenger's usual writing, is it not?
_A._ I think it is; some part certainly does not look larger; it is less round--it is more angular.
_Q._ Does your lordship or not, believe that to be Mr. De Berenger's hand-writing?
_A._ I am not sufficiently conversant with hand-writing, to wish to swear to an opinion either way.
_Re-examined by Mr. Park._
_Q._ That is in pencil?
_A._ Yes.
_Q._ With respect to the letter in question, although it is of a larger description than Mr. De Berenger's usual writing, does it appear to your lordship to be at all a feigned hand, as disguising the real hand?
_A._ Another question to which I am not competent to give an answer; if I was to look through the letter--there is one letter which creates a suspicion, but I should never have suspected it on a cursory view of the letter; it is the letter R before Du Bourg, but that I should have never looked at or suspected; that looks more like his hand-writing than any other part; it looks like the way in which he makes the R of Random.
_Q._ Does your lordship mean the large capital R, or the little r?
_A._ The large capital R is the only letter I can see that looks in the least like his hand.
_Q._ Your judgment upon that letter, upon the whole inspection of it, is, that it is not his hand-writing?
_A._ I should never suspect it, except from that letter.
_Lord Ellenborough._ It is a larger character?
_A._ Yes, it is a fuller character.
_Q._ It is a stiffer character, and more upright?
_A._ It is less upright, I think, than his; it is more angular and longer.
_Lord Ellenborough._ That is his usual writing, is it not? (_shewing another letter to the witness._)
_A._ Oh, yes; certainly, I am perfectly familiar with that.
_Lord Ellenborough._ You are certainly borne out in your observation upon the letter; look at that letter R again?
_A._ It struck me on reading the letter.
_Q._ In what manner an artificial letter may be written, so as to disable a person from saying whether it is the hand-writing of a certain person, you cannot say?
_A._ I am perfectly incompetent, as I informed your lordship and the jury before, to give any judgment upon that.
_Q._ What is the uniform of your corps?
_A._ The uniform is, the waistcoat green, with a crimson cape.
_Q._ A bottle green, is it not?
_A._ Some have got it a little darker than others, but it should be a deep bottle-green with a crimson collar; the great coat is a waistcoat with black fur round it, consequently no crimson collar.
_Q._ The body in your uniform is not red?
_A._ It is deep bottle green.
_A Juryman._ A jacket or coat?
_A._ It is a waistcoat, very like the light-horse uniform.
_Lord Ellenborough._ It is almost unnecessary to ask you, whether the members of your corps wear any decorations; a star or a cross?
_A._ When in uniform, some wear medals that they have gained as prizes given by the corps; they occasionally wear them hanging by a ribband.
_Q._ You wear no such decorations as this? (_shewing the star to his lordship._)
_A._ No, certainly not.
_Q._ Supposing a gentleman appeared before you in an aid-de-camp's uniform, with that star upon his breast, and that other ornament appendant, should you consider that was a man exhibiting himself in the dress of your sharp-shooting corps?
_A._ Certainly not.
_Q._ If a sharp-shooter belonging to your corps presented himself to you in that dress, you would think it a very impertinent thing?
_A._ Certainly.
_Mr. Serjeant Best._ As Lord Yarmouth has been called by the defendant, De Berenger, and has given evidence which may affect Lord Cochrane, we conceive, we submit we have a right to make an observation upon it.
_A Juryman._ If Colonel De Berenger had appeared before your lordship in the uniform of his corps, would it have been any thing extraordinary?
_A._ Nothing extraordinary; it would have been more military that he should do so, though I never exacted it.
_Captain Sir John Poo Beresford, sworn._
_Examined by Mr. Richardson._
_Q._ Are you acquainted with Mr. De Berenger?
_A._ I have seen him twice in my life before yesterday.
_Q._ Have you had any occasion to see him write, or to be acquainted with the character of his hand-writing?
_A._ Never.
_Q._ Do you know at any time in the early part of this year, or the latter end of the last, of any applications he was making to go to America as a sharp-shooter?
_A._ I will tell you the part I took in reference to that business. In the beginning of February, I paid my ship off; after that, I met Mr. Cochrane Johnstone in town, who told me Sir Alexander Cochrane was very anxious he should go out in the Tonnant, to teach the marines the rifle-exercise. I went to the Horse Guards to ask whether anything could be done; I was told it would be useless to apply to the Duke of York; and I told Mr. Cochrane Johnstone of it the day after. I was dressing before breakfast, and Mr. De Berenger sent up to say, that he was very much obliged to me for the part I had taken.
_Q._ At what time was this?
_A._ I think, the beginning of February; but before Sir Alexander Cochrane sailed, I met him at Mr. Cochrane Johnstone's, with Admiral Hope and some ladies; I think that was in January, or the latter end of December; there were, I think, fourteen of us, some of them ladies. This application was after he had sailed. When I went to Mr. Cochrane Johnstone's, I was to have met Sir Alexander Cochrane, but he went to dine somewhere else, and my Lord Cochrane came in after dinner; he did not dine there, but a great many of the family did.
_James Stokes sworn._
_Examined by Mr. Park._
_Q._ I understand you are a clerk of Mr. Tahourdin, the attorney.
_A._ Yes.
_Q._ How long have you been so?
_A._ Between three and four years.
_Q._ Have you, in the course of those three or four years, had frequent opportunities of seeing the hand-writing of Mr. De Berenger?
_A._ Daily.
_Q._ He has been a client of your master, and has been assisted very much by him?
_A._ Yes.
_Q._ Have you seen him write, as well as seeing letters purporting to come from him?
_A._ A great deal.
_Q._ Be so good as to look at that paper (_the Dover letter_), and tell his lordship and the jury, whether in your judgment and belief, that is the hand-writing of Mr. De Berenger?
_A._ Certainly not.
_Q._ Look at that, and say whether you think it is a feigned hand, but still the hand-writing of De Berenger?
_A._ It certainly is not.
_Q._ Of course, a man can only speak to belief and judgment when he does not see a thing written; do you believe, from your knowledge of his hand-writing, that that is his writing, either feigned or real?
_A._ Not a word of it.
_Lord Ellenborough._ Look at the letter R in the signature?
_A._ It is not like it at all.
_Mr. Park._ I mean the large R.
_A._ The capital R is nothing like it.
_Mr. Park._ It is a singular R certainly, it looks as if it had been intended for a P and made into an R.
_Lord Ellenborough._ It is not at all like that R, is it? [_shewing another letter to the witness._]
_A._ No, I do not think it is any thing like that.
_William Smith sworn._
_Examined by Mr. Richardson._
_Q._ You are servant to Mr. De Berenger?
_A._ Yes.
_Q._ How long have you been his servant?
_A._ About three years and a half.
_Q._ Do you write yourself?
_A._ Yes.
_Q._ During the time you have been in his service, have you seen him write, and become acquainted with his hand-writing.
_A._ A great deal of it.
_Q._ Is he a gentleman who writes a good deal?
_A._ Yes.
_Q._ Are you well acquainted with the character of his hand-writing?
_A._ Yes.
_Q._ Have the goodness to look that over, and then I will ask you a question respecting it, and among other things look at the signature at the bottom, R. Du Bourg.--[_The letter sent to Admiral Foley was handed to the witness, and he examined it._]
_Mr. Park._ Having examined that paper, is that, in your judgment and belief, the hand-writing of your master, Mr. De Berenger?
_A._ I really believe it is not.
_Q._ The whole, or any part of it.
_A._ None of it.
_Q._ Have you any doubt of that?
_A._ I am positively sure it is not his hand-writing.
_Q._ According to the best of your judgment and belief?
_A._ According to the best of my judgment and belief.
_Q._ You have been his servant three years and a half?
_A._ Yes.
_Q._ We understand he has lately lodged with a person of the name of Davidson, in a place called the Asylum Buildings.
_A._ Yes.
_Q._ Were you with him till he went away in the month of February?
_A._ Yes.
_Q._ That was on Sunday the 27th, was it not?
_A._ Yes.
_Q._ Do you remember, whether he was at home on the Sunday preceding that, that would be the 20th?
_A._ I perfectly remember it.
_Q._ Did he sleep at home on the Saturday night?
_A._ He did.
_Q._ Did he go out at any time on Sunday morning?
_A._ He did.
_Q._ Do you remember at what time?
_A._ About nine o'clock.
_Q._ Did he come in again after that?
_A._ Yes.
_Q._ And go out again?
_A._ Yes.
_Q._ About what time was that.
_A._ It was near eleven when he came home, and he went out immediately afterwards; he was not above a quarter of an hour or twenty minutes before he returned again.
_Q._ Did he return again after that?
_A._ Yes.
_Q._ How soon after?
_A._ About twenty minutes.
_Q._ Would that be after persons were gone to church that he returned?
_A._ Yes.
_Q._ How long did he stay at home then?
_A._ Till about four o'clock.
_Q._ He went out again about four o'clock?
_A._ Yes.
_Q._ Were you at home at the time he went out again, about four o'clock?
_A._ I was over the way.
_Q._ Did you see him?
_A._ Yes; I had the dogs out, and was leaning with my back against the rail when he came down.
_Q._ Your master's dogs?
_A._ Yes.
_Q._ He kept dogs, did he?
_A._ Only one; one was mine; I was with them opposite, on the other side of the road, leaning against the rail facing the door.
_Q._ What were you doing with the dogs?
_A._ I generally take them out for occasions.
_Q._ Did you see him go out about that time?
_A._ I did.
_Q._ Did you yourself go out soon after that?
_A._ Yes I did, and my wife.
_Q._ About what time did you return home that evening?
_A._ About eleven o'clock, within a few minutes of eleven.
_Q._ Was your master at home when you returned or not?
_A._ He was not at home.
_Q._ Did he come home afterwards?
_A._ Yes.
_Q._ About what time?
_A._ I had not been at home, I suppose five minutes, before my master came home.
_Q._ That would be a few minutes before or after eleven?
_A._ Yes.
_Q._ Did he sleep at home that night.
_A._ Yes.
_Q._ What means have you of knowing that?
_A._ The means I have were these; after I came home we were down in the kitchen taking our supper, my master was in the drawing-room before we had got to bed, I heard him going up stairs to his bed-room, he passed my room door; that was not above half past eleven.
_Q._ Did he breakfast at home the next morning, or not.
_A._ No, he did not.
_Q._ Did you see him the next morning early?
_A._ No.
_Q._ About what time did you see him the next day?
_A._ About three o'clock; I cannot speak to a minute or two.
_Q._ Did you hear or see him go out?
_A._ I did not.
_Q._ You saw him about three o'clock on the Monday?
_A._ Yes, I did.
_Q._ Who made his bed?
_A._ My wife.
_Cross-examined by Mr. Gurney._
_Q._ Did you let him in?
_A._ Yes.
_Q._ You opened the door to him?
_A._ Yes.
_Q._ At a little after eleven, that night?
_A._ Yes, thereabouts, it might be a little before, or a little after.
_Q._ He gave a good loud knock at the door, in his usual way?
_A._ He rapped as usual.
_Q._ And his usual rap was a loud one?
_A._ Not over loud.
_Q._ Not very gentle?
_A._ Between.
_Q._ Between loud and gentle?
_A._ Yes.
_Q._ And he slept at home that night?
_A._ I cannot say that he slept, he went to his bed-room, and the bed when I went in the morning looked as if he had slept in it.
_Q._ Did you see him in bed the next morning?
_A._ No, I did not, I heard him go into the bed room.
_Q._ You did not see him the next day till three o'clock?
_A._ No.
_Q._ Did you write that letter to Lord Yarmouth? (_shewing a letter to the witness._)
_A._ I did.
_Q._ Of your own head?
_A._ Yes.
_Q._ No body furnished you with any draught to write from?
_A._ No.
_Q._ Have you your master's military great coat here?
_A._ Yes.
_Q._ His military grey great coat?
_A._ Yes; not in this present place.
_Q._ It is at Guildhall?
_A._ Yes.