Chapter 10

_A._ The person she pointed out to me as having seen get out of a Hackney coach was Mr. Cochrane Johnstone--she staid the whole time of the striking of the Jury, he struck the Jury himself.

_Lord Ellenborough._ Then the whole of it is, that the person who was striking the Jury, was Mr. Cochrane Johnstone?

_A._ Yes.

_Mr. Gurney. (to Mrs. Davidson)._ Was that person the person that you believe brought the Letter?

_Q._ I cannot be positive to his person.

_Q._ Do you believe that to be the person?

_A._ I think it was.

_Mrs. Abigail Davidson._

_Cross-examined by Mr. Serjeant Best._

_Q._ How came you to go for the purpose of striking the Jury.

_A._ A person from Mr. Lavie came and fetched me for the purpose.

_Q._ To attend to assist in striking the Jury?

_A._ No, to see Mr. Johnstone.

_Q._ You were told Mr. Johnstone was to be there?

_A._ Yes.

_Q._ And going there you saw a person taking a part with respect to the striking of the Jury?

_A._ I saw a Gentleman get out of the coach as I was standing in the passage, I saw a Gentleman come across, that I thought was the person, but I could not be positive.

_Q._ Can you take upon yourself to swear now, that was the person?

_A._ No, I would not swear it.

_Re-examined by Mr. Gurney._

_Q._ When you saw the person at the time he left the letter, had you any reason to know what his name was?

_A._ No, I had never seen the Gentleman before, but in conversing with Smith, Mr. De Berenger's servant----.

_Q._ Had you any conversation about him with Smith, Mr. Du Bourg's servant?

_A._ I had.

_Mr. Gurney._ I do not ask you what it was, my learned Friends may if they please.

_Launcelot Davidson sworn._

_Examined by Mr. Gurney._

_Q._ Are you the husband of the last Witness?

_A._ Yes.

_Q._ Mr. De Berenger we find lodged in your house?

_A._ He did.

_Q._ Do you remember on what day he quitted your house?

_A._ The 27th of February I think.

_Q._ What day of the week?

_A._ Sunday.

_Q._ Do you remember seeing him go out on the Sunday before the 20th.

_A._ Yes.

_Q._ At what hour of the day?

_A._ Before eleven.

_Q._ Have you any reason to know the time?

_A._ Yes, I had been out before, and I returned home and stood before the parlour window waiting to hear the Asylum clock strike eleven, to go to chapel.

_Q._ How was he dressed?

_A._ At that time that I saw him go out, I had seen him ten minutes before come in.

_Q._ How was he dressed when he came in before?

_A._ He had a plaid cloak on that he had worn nearly all the winter, he and I came in together, he was just before me.

_Q._ When he went out again, how was he dressed?

_A._ He had just such a coat as this on as to colour, (_the grey coat before produced_.)

_Q._ Did it appear to be new or old?

_A._ I cannot exactly say, but as he went down the yard, I said to my wife who was in the back parlour, there goes our lodger, he has a new great coat on, just before he had his plaid on when I came in.

_Q._ Did he come home again at all during that day?

_A._ Not that I saw.

_Q._ Did you see or hear him at all during that day?

_A._ No, I did not.

_Q._ Did you see or hear him the next morning?

_A._ No, I am not at home--I always go out the early part of the morning.

_Q._ At what time do you go out?

_A._ About nine.

_Q._ Before nine had you either seen or heard him?

_A._ No, I had not.

_Q._ Do you usually hear him in a morning before that time?

_A._ Yes, I generally used to hear him walking about, or ringing for his servant, or something or other.

_Q._ On that Monday morning before you went out, did you hear those things you generally did?

_A._ No, I did not, and we made the observation upon it, and also upon the servants going out at two o'clock, which was not customary.

_Q._ At what time on the Sunday did they go out?

_A._ I think about two o'clock.

_Q._ At what time did they return?

_A._ That I cannot say.

_Q._ Did they return that evening?

_A._ I dare say they did, but we never opened the door?

_Q._ Were they out or at home at four o'clock?

_A._ That I cannot say, I do not think they were at home.

_Q._ What was Mr. De Berenger's usual dinner hour?

_A._ About four o'clock.

_Q._ Did they attend him at dinner?

_A._ The man servant did.

_Q._ And the woman servant cooked his dinner?

_A._ Yes, she did.

_Q._ Did he dine at home on that Sunday?

_A._ No, he did not.

_Q._ I do not ask you what conversation took place between you and the Smiths' next day respecting the Sunday night, but did any conversation take place on that subject?

_A._ Yes, there did.

_Q._ On the Sunday afterwards he left your house?

_A._ He did.

_Q._ Did you see him go away on the Sunday after?

_A._ No.

_Cross-examined by Mr. Richardson._

_Q._ You had nothing to do with his domestic life, with his dinner, or letting him into the house, or letting him out of it?

_A._ No.

_Q._ His servants attended to all that?

_A._ Yes.

_Q._ He might come in or go out without your observing it?

_A._ Yes, he might, but it is almost impossible I should think, because he generally gave a very loud rap at the door, and he had very few visitors.

_Q._ You yourself go out early in the morning upon your own business?

_A._ Yes, about nine o'clock.

_Q._ Do you stay out a considerable part of the day?

_A._ Yes.

_Q._ What is your business?

_A._ A broker.

_Q._ At that time you acted as a broker?

_A._ I acted as a broker's Clerk at that time.

_Q._ You are out a considerable part of the day, sometimes more, sometimes less.

_A._ Yes.

_Mr. Gurney._ Now my Lord I am going to what I have stated as the underplot, respecting M'Rae, Sandom, Lyte, and Holloway.

_Thomas Vinn sworn._

_Examined by Mr. Bolland._

_Q._ In consequence of a note that was left at your house, did you go to the Carolina Coffee House in February last?

_A._ I did, where I met M'Rae.

_Q._ What day in February was it?

_A._ On the 14th of February the note was dated, and I received it the 15th.

_Q._ On what day did you go to the Carolina Coffee House?

_A._ On the 15th in the morning.

_Q._ Did any body accost you there?

_A._ I met M'Rae, who was at that time in company with an elderly Gentleman, he desired me to sit down and he would be with me presently.

_Q._ Had you known M'Rae before?

_A._ I had some years.

_Q._ Did he return to you as he said he would?

_A._ He was not out of my sight, he was standing near the door, and in the course of seven or ten minutes, as far as I can recollect, he came and joined me.

_Q._ Upon his joining you what passed?

_A._ He told me he had known me a long time, and that he thought he had now an opportunity of making my fortune; that he knew from the knowledge I had of languages, particularly that of the French, I should have an opportunity of both benefiting others and myself.

_Q._ What answer did you make?

_A._ I asked him what the object was, and whether it was to travel abroad; he told me it was not to travel abroad, but it was probably to travel at home, and that almost immediately; that it was a scheme that he had in contemplation, employed by men of affluence and consequence, and that he thought no man more competent to that than myself.--On my asking him if there was any thing of moral turpitude in it, he said that there was none but that it was practised daily by men of the first consequence, it was nothing more nor less than biting the biters, or in other words, a Hoax upon the Stock Exchange. I asked him in what way I could attend to it, or in what way it was to be performed; he told me by going down to Dartford, Folkestone, or Dover, as I should receive instructions, and that, that evening, but that it was necessary to have for himself and me, two dresses appropriated to that of French Officers. I here stopped him, and asked whether he really meant me to be employed in this transaction, to which he replied, certainly, and that I should be in the first place remunerated, and ultimately have a fortune made me. I replied with indignation, that I would as soon be concerned in a highway robbery, that I thought he had known me better than to have suggested to me a plan of the kind, and expressed myself rather beyond the usual tone of my voice, hurt at it, he endeavoured to hush me by saying people would overhear us, he endeavoured to hush me by the ejaculation _ish_ for that we should be overheard there.

_Lord Ellenborough._ Did he say you might probably be overheard there?

_A._ Yes, he did, and then he took me out of the Coffee-house and went up Cornhill where I left him, but recollecting this was only what was related to me, and that if ever it took place or did not, it was impossible that what I said could be any proof, I therefore considered that I had better----

_Mr. Alley._ Give us the facts if you please, and not the reasons?

_Mr. Bolland._ Do not trouble my friend with your reasons as he does not like them, but tell us what you did?

_A._ I returned and told him if he would go with me to another Coffee-house, I would introduce him to a person, who though I would not undertake the business might do it.

_Q._ What was your reason for doing that?

_A._ Only that I might have a witness.

_Mr. Alley._ I object to that reason being stated.

_Lord Ellenborough._ This is only introductory to what he is about to state. I presume no one can be more interested than I am in his narration being short?

_A._ I told him I would take him to a Coffee-house where a person was who might engage in this hoax.

_Lord Ellenborough._ I beg you will not call it by that name--such an offence as this.

_Mr. Bolland._ Did you take him to the Coffee-house?

_A._ Yes.

_Q._ What Coffee-house?

_A._ The Jamaica--there was a young man there to whom I was about to introduce him, but he turned round suddenly and I did not.

_Q._ Did any thing more pass between M'Rae and you?

_A._ No, nothing more.

_Q._ Any thing about French terms?

_A._ I recollect myself--In consequence of M'Rae returning, he asked me whether I would not give him in writing the terms _Vive le Roi_--_Vive les Bourbons_;--which in the expectation of his attending to this young man, (this was in the Jamaica Coffee-house) I gave him.

_Q._ Did you give him any other?

_A._ None other to my knowledge.

_Q._ Was that the letter you received from M'Rae? (_shewing a letter to the witness._)

_A._ That is it.

_Q._ Is that M'Rae's writing?

_A._ It is.

(_The Letter was read as follows:_)

_February 14, 1814._

Mr. Vinn,

Please to meet me at the Carolina Coffee-house, Birchin-lane, about eleven to-morrow, upon very particular interesting business.

Yours, very respectfully, ALEXANDER M'RAE.

_Cross-examined by Mr. Alley._

_Q._ As I have not the pleasure of knowing you, what is your business?

_A._ I am an accountant.

_Q._ Have you been acquainted for any length of time with Mr. M'Rae?

_A._ I believe five years and a half, or nearly six years.

_Q._ Have you been concerned in any business in the Stock Exchange?

_A._ No.

_Q._ You were not in the habit of buying and selling as a Broker?

_A._ No.

_Q._ It was an odd thing that Mr. M'Rae should resort to you in such a base transaction, you being in the business of an Accountant?

_A._ I have been in business and have been unfortunate, and since have been an Accountant.

_Q._ Not to lose your character I take for granted?

_A._ I hope not.

_Q._ There was no other person present to hear this conversation?

_A._ He was talking with a gentleman when I entered.

_Q._ This rests upon your own testimony?

_A._ We afterwards joined a party, but no person heard the conversation but ourselves, except that any person might hear me when I became vociferous.

_Q._ You quite met my approbation when you told me that you considered this as base as if he had asked you to go on the highway--how came you to propose a friend of yours after that?

_A._ It was merely for the purpose of having a witness to the offer to me, because if not, and this took place what I had said would have been of no effect had it been rendered completely abortive by this failing with me.

_Q._ Then am I to understand you thought it better to let this wickedness be practised in order that it might afterwards be proved?

_A._ I am sorry I am so misunderstood, I only wished it should not be promulgated to the world merely on my _ipse dixit_, but on the testimony of another.

_Q._ You did introduce him to your friend?

_A._ No, I did not, he would not be introduced. I had communicated to my friend the business in question before he came.

_Q._ How soon did you communicate this to the Stock Exchange?

_A._ I communicated it within ten minutes afterwards on that day.

_Q._ After the thing had been publicly known?

_A._ No, I went immediately on this application being made and promulgated it to Mr. Rothery, of the Atlas Printing-Office, in Houndsditch; I afterwards went to a house in Clement's lane, where I promulgated it to thirteen or fourteen different persons, and I made it public daily in all the companies I went into.

_Q._ Was that before this happened?

_A._ It was on the 15th I made public, not the name of M'Rae, but that such a thing had been offered to me, which I refused with indignity.

_Q._ Some of these gentlemen are here as witnesses to-day I suppose?

_A._ I did not think it necessary, but I am perfectly willing that they should be called, I have seen two of them in Court and probably they may be so now.

_Lord Ellenborough._ This is merely a meditated something if you think it worth while to pursue it you may.

_Mr. Alley._ He only says that it rests upon his testimony, that was all I wanted to know--you gave him two bits of French to assist him however?

_A._ After I had agreed to take him to another friend, in order to get him to that business, I certainly did mention the name of _Vive le Roi_--_Vive le Bourbons_.

_Q._ Would not you have thought it quite as honest and as much to your purpose to have omitted that?

_A._ You will see that that was done for the purpose I have mentioned.

_Mr. Gurney._ Was it done in order to get a conformatory witness?

_A._ It was done with that intent and that only.

_Sarah Alexander sworn._

_Examined by Mr. Bolland._

_Q._ You live at No. 61, Fetter-lane, do you not?

_A._ Yes, I do.

_Q._ How long have you lived there?

_A._ I have lived there ever since last September.

_Q._ Do you know Mr. M'Rae?

_A._ Yes.

_Q._ Did he lodge with you?

_A._ Not with me--he lodged on the same floor that I did.

_Q._ Is he a married or single man?

_A._ A married man; he had his wife with him.

_Q._ Do you recollect any thing passing in February last, with regard to Mr. M'Rae?

_A._ Yes, on a Saturday night.

_Q._ What Saturday night?

_A._ The 19th of February.

_Q._ Where were you at that time?

_A._ In my own room; he came into my room and brought it and gave it to his wife.

_Q._ His wife was in your room?

_A._ Yes.

_Q._ What did he bring home and give to his wife?

_A._ A small parcel; he gave it to his wife and told her it was of value and to take care of it.

_Q._ Did he say any thing else to her?

_A._ Nothing else.

_Q._ Did you see any thing more of that parcel on that night?

_A._ Not that night. On Sunday the 20th, he went out about ten o'clock, between ten and eleven.

_Q._ Did he return again and when?

_A._ He returned before twelve.

_Q._ Did he bring any thing in with him?

_A._ He brought two coats and two opera hats.

_Q._ Did he bring the two coats and two opera hats open or inclosed in any thing?

_A._ They were in a bundle.

_Q._ Did you see them?

_A._ Yes.

_Q._ What sort of coats were they?

_A._ They were very dark blue, done with braiding--Officers coats.

_Q._ What coats were they?

_A._ Like Officers coats.

_Q._ What was the braiding?

_A._ It was to ornament the coats.

_Q._ What was it done in?

_A._ In flowers.

_Q._ Of worsted or silk?

_A._ Of worsted.

_Q._ What do you mean by opera hats?

_A._ Shutting together.

_Q._ Did you remark how the coats were lined?

_A._ One was lined with white silk.

_Q._ Were the coats alike, or did one appear of more rank than the other?

_A._ One appeared of more rank than the other; one was better than the other, and so was one of the hats.

_Q._ Were the hats plain or ornamented in any way?

_A._ One was black and the other ornamented on one side.

_Q._ What with?

_A._ With a brass plate or something of that kind at the end, and a gold tassel at each corner.

_Q._ Upon his producing them did he do any thing with them?

_A._ He put them on and asked me if he looked like an Officer, and I said yes, he did.

_Q._ What did he then do?

_A._ He went out again and came home again before one and brought some white ribband with him.

_Q._ Did you see him do any thing, or hear him say any thing about that white ribband?

_A._ Yes, he wanted two cockades to be made.

_Q._ To whom did he apply to make those cockades?

_A._ To his wife--they were to be made round.

_Q._ Was any thing said to him either by you or his wife as to the purpose, to which they should be applied?

_A._ His wife asked him what they were for, and what he was going to do with them, and he said they were to deceive the flats.

_Q._ Did you see what he did with the cockades?

_A._ He put them into his pocket and took the coats in his hand, and went out saying he must be at Billingsgate to go down to Gravesend by a quarter before two.

_Q._ What did he do with the hats?

_A._ He put them into the bundle.

_Q._ He then went away, did he?

_A._ Yes.

_Q._ When did you see Mr. M'Rae again?

_A._ About the same time the next day, about half-past one, or a quarter before two, I met him in Cursitor-street.

_Q._ Did he say any thing to you?

_A._ He gave me a shilling and asked me to go to the cook's shop for his dinner.

_Q._ Did any thing else pass in Cursitor-street between you?

_A._ No, not then, I went for his dinner.

_Q._ How was he dressed then?

_A._ Just the same as he went out--in his own cloaths.

_Q._ Had he any thing with him?

_A._ A bundle.

_Q._ Was that the same bundle he took out with him apparently?

_A._ He brought home one coat and one hat.

_Q._ Did you see the contents of that bundle when he got home?

_A._ Yes, the best coat and the best hat he brought home with him.

_Q._ Did he tell you where he had been?

_A._ He said he had slept at Northfleet, but he had the appearance of not having been a bed at all.

_Q._ He appeared tired?

_A._ He appeared very tired.

_Q._ Did he bring the cockades back?

_A._ Yes, he brought the cockades back in his pocket, the ribband was taken off.

_Q._ By whom?

_A._ By his wife; and the paper they were quilled on was thrown into the fire and the ribband made use of for strings, they had not buckram, and they made up the cockades on paper.

_Q._ Was any thing done with the coat?

_A._ They took the white lining out of the coat, and carried it to the Dyers to be dyed black.

_Q._ They said they should take it to the Dyers to be dyed black?

_A._ I know they took it out of the house to the Dyers, and the coat he wore.

_Q._ Before this how long had Mr. M'Rae lodged with you?

_A._ He lodged there before I went, he went about a week before me, I went in September.

_Q._ From September to February had you lodged together in that house?

_A._ Yes.

_Q._ Had you been acquainted with him and his wife?

_A._ Never before that, but at that house we kept but one fire; coals were very dear, and we lived a good deal together there.

_Q._ Had you any means of judging Mr. M'Rae's circumstances as to poverty or wealth?

_Q._ He was poor, he never had any money except it was a shilling or an eighteen penny piece.

_Q._ After this expedition to Northfleet, how did he appear in circumstances?

_A._ Oh, better; he had a £10. note and a £1. note, and the day before he left his lodgings he had three £2. notes.

_Q._ Do you mean before he finally left his lodgings?

_A._ Yes.

_Q._ When was that?

_A._ The second of March I think it was, the second or third to the best of my knowledge.

_Q._ Do you know of his purchasing any new cloaths for himself?

_A._ Yes, on the Sunday he bought a new coat, dark green, with yellow buttons.

_Q._ What Sunday was that?

_A._ Not the 20th.

_Q._ The Sunday after his return?

_A._ Yes.

_Q._ Did he buy any other articles of dress?

_A._ A new hat.

_Q._ On what day did he buy that?

_A._ The Monday.

_Q._ Was that the Monday after his return?

_A._ The Monday after he had bought his new coat.

_Q._ Did he tell you whether it had been a successful expedition to him?

_A._ He said he was to have £.50 for what he had done.

_Q._ Had you at any time any conversation with him about the nature of his journey?

_A._ No, never. He wished when he went away that it might be kept a secret where he was gone to; he did not wish any body to know where he was going to; he seemed very much agitated, and I desired he would not tell me that I might not tell any body else, and I did not know then.

_Mr. Philip Foxall sworn._

_Examined by Mr. Bolland._

_Q._ You keep the Rose Inn at Dartford?

_A._ I do.

_Q._ Look at that letter, and tell me whether you received it at any time, and when, from the person whose name it bears?

_A._ I did.

_Q._ I see it purports to be from Mr. Sandom?

_A._ It was from Mr. Sandom.

_Q._ Did you know Mr. Sandom before that time?

_A._ I did, by his frequently having chaises ordered from my house?

_Q._ Did you execute that order?

_A._ Yes.

_Q._ And sent a chaise to bring the party to Dartford?

_A._ Yes; and I had horses ready, as the letter advised me.

_Q._ Had you sent chaises on a similar message before?

_A._ Yes I had, by messages, and by letter; and he also came down there in the chaise.

_Lord Ellenborough._ By a message in writing coming to you?

_A._ Yes sometimes; this came by a boy.

_Q._ You do not know his hand-writing?

_A._ No I do not.

_The Letter was read as follows_:

SIR,

Please to send me over immediately a chaise and pair to bring back to Dartford, and have four good horses ready to go on to London with all expedition.

Yours, &c. R. SANDOM, Northfleet.

Monday Morning. _Addressed, Mr. Foxall, Rose Inn, Dartford._

_Mr. Bolland._ In consequence of that you sent a chaise to Northfleet?

_A._ I did.

_Q._ Did you see the chaise on its return from Northfleet?

_A._ Yes; the chaise drove furiously into my yard with two gentlemen and Mr. Sandom, with white cockades in their hats.

_Q._ What sort of hats were they?

_A._ They were very large cocked hats.

_Q._ Were they flat hats; what are called opera hats?

_A._ I did not see; indeed they did not take them off.

_Q._ Were they quite plain hats?

_A._ Yes, with the exception of white paper or ribband, I cannot say which.

_Q._ How were the gentlemen dressed?

_A._ In blue clothes I think; but there were such a number of persons hurrying into the yard, that I had not an opportunity of examining; the four horses were ready; I gave them another chaise, as I feared the wheels of this were not very well greased.

_Q._ Had you any conversation with Sandom, or either of the gentlemen with him?

_A._ I said to Mr. Sandom, "Will those gentlemen breakfast;" he said, "No, they have breakfasted at my house, they have been in an open boat all night, and are very much fatigued." I then asked him a question, "Who are they?" he said he did not know, but they had news of the utmost consequence, and begged I would let them have good horses.

_Q._ Did any thing else pass between you and Mr. Sandom?

_A._ No, further than my asking where to; and they said to Westminster. I told the boys I supposed they were going to the Admiralty.

_Cross-examined by Mr. Serjeant Pell._

_Q._ What time was it you received the note?

_A._ I think the note must have been received about seven o'clock.

_Q._ In the morning?