Chapter 2

Gentlemen, it would be very extraordinary indeed, if it could ever have been supposed by any person, even the most ignorant, that this was not a crime. It would be a disgrace to any civilized country, if its laws were so defective. If that which has been done by these Defendants _in conspiracy_, had been done by any one of them _singly_, it would have been unquestionably a crime; but when done _by conspiracy_, it is a crime of a more aggravated nature--_To circulate false news_, much more _to conspire to circulate false news_ with intent to raise the price of any commodity whatever, is, by the Law of England, a crime, and its direct and immediate tendency is to the injury of the public. If it be with intent to raise the price of the public funds of the country, considering the immense magnitude of those funds, and, consequently, the vast extent of the injury which may be produced, the offence is of a higher description. The persons who must be necessarily injured in a case of that kind, are various; the common _bona fide_ purchaser who invests his money--the public, through the commissioners for the redemption of the national debt--the persons whose affairs are under the care of the Court of Chancery, and whose money is laid out by the Accountant General, all these may be injured by a temporary rise of the public funds, growing out of a conspiracy of this kind; and, Gentlemen, this is no imaginary statement of mine, for it will appear to you to-day, that all these persons were in fact injured by the temporary rise produced by this conspiracy. Undoubtedly the public funds will be affected by rumours, which may be considered as accidental; in proportion as they are liable to that, it becomes more important to protect them against fraud.

If this had been a conspiracy to circulate false rumours, merely to abuse public credulity, it would not have been a trivial offence; but if the object of the conspiracy be not merely to abuse public credulity, but to raise the funds, in order that the conspirators may sell out of those funds for their own advantage, and, consequently, to the injury of others, in that case the offence assumes its most malignant character--it is cold blooded fraud, and nothing else. It is then susceptible of but one possible aggravation, and that is, if the conspirators shall have endeavoured to poison the sources of official intelligence, and to have made the officers of government the tools and instruments of effectuating their fraud--Gentlemen, this offence, thus aggravated, I charge upon the several Defendants upon this Record, and I undertake to prove every one of them to be guilty.

Gentlemen, when I undertake to prove them to be guilty, you will not expect that I shall give you proof by _direct evidence_, because, in the nature of things, _direct evidence_ is absolutely impossible--they who conspire do not admit into the chamber in which they form their plan, any persons but those who participate in it; and, therefore, except where they are betrayed by accomplices, in no such case can positive and direct evidence be given. If there are any who imagine, that positive and direct evidence is absolutely necessary to conviction, they are much mistaken; it is a mistake, I believe, very common with those who commit offences: they fancy that they are secure because they are not seen at the moment; but you may prove their guilt as conclusively, perhaps even more satisfactorily, by _circumstantial evidence_, as by any _direct evidence_ that can possibly be given.

If direct and positive evidence were requisite to convict persons of crimes, what security should we have for our lives against the _murderer by poison_?--no man sees him mix the deadly draught, avowing his purpose. No, he mixes it in secret, and administers it to his unconscious victim as the draught of health; but yet he may be reached by _circumstances_--he may be proved to have bought, or to have made the poison; to have rinsed the bottle at a suspicious moment; to have given false and contradictory accounts; and to have a deep interest in the attainment of the object. What security should we have for our habitations against the _midnight burglar_, who breaks into your house and steals your property, without disturbing your rest or that of your family, but whom you reach by proving him, shortly afterwards, in the possession of your plate? What security should we have against the _incendiary_, who is never seen in the act by any human eye, but whose guilt, by a combination of circumstances over which he may have had no controul, or part of which he may have contrived for his own security, is as clearly established as if deposed to by the testimony of eye-witnesses.

Gentlemen, by the same sort of evidence by which in these, and various other cases, the lives of individuals are affected, I undertake to bring home this case to the Defendants upon this Record. I undertake to shew, that such a conspiracy did exist as this Indictment charges; and I undertake to prove every one of these Defendants acting in furtherance and execution of the conspiracy, so as to leave no more doubt upon your minds, when you have heard the evidence, that they were all parties to this conspiracy, than if you had witnesses before you who were present with them in consultation, and heard them assign to each man the part which he was to act.

Gentlemen, in the security in which we now repose, in the triumph in which we are now indulging, it is difficult to carry back our minds to the state of agonizing suspense in which we were at the critical time at which this conspiracy took place. At that time the empire of him for whom Europe itself appeared too small, was not confined within the narrow limits of the Isle of Elba; he had been driven back, it is true, from the extremity of Europe into France.--France itself was invaded, and our illustrious Allies had made considerable progress towards Paris, but they had been more than once repulsed, and one army had, by almost super-human efforts, preserved itself from destruction; but the fortune of war was uncertain; in this age of miracles, no man could tell what would be the final event; and every one was waiting in breathless expectation for the destruction of him (or at least of his power) who had been so long the destroyer of his species. Gentlemen, at that most critical moment, when the funds were so liable to be affected by every event of the war, when they were liable to be affected still more by the Negotiations at Chatillon, which were then pending--at that moment this conspiracy with respect to the Funds took place; and you will bear this in mind, Gentlemen, that if the false news were believed but for a single hour, the mischief to the public would be done--the object of the conspirators would be accomplished.

Gentlemen, the first person whom I shall have to present to you, as bearing a principal part in this conspiracy; the main agent in its execution, will be proved to be the Defendant, Charles Random de Berenger;--he was a fit person to be selected for the purpose;--he was a foreigner by birth; he had resided long in this country; he would pass very well for an officer; he had been for fourteen or fifteen months a prisoner for debt in the King's Bench, or rather within the Rules of the King's Bench; he would be a convenient man afterwards to convey away; as he would prefer a residence in any other country, because his creditors resided in this.

You will find that he made his appearance a little after midnight of Sunday, the 20th of February--the morning of Monday, the 21st of February; at Dover; he was first seen in the street, enquiring for the Ship Hotel; he was shewn to it, he knocked loudly at the door, and obtained admittance; he was dressed in a grey military great coat, a scarlet uniform, richly embroidered with gold lace, (the uniform of a Staff Officer) a star on his breast, a silver medal suspended from his neck, a dark fur cap with a broad gold lace, and he had a small portmanteau; he announced himself as an Aid de Camp to Lord Cathcart, just arrived from Paris; that he was the bearer of glorious news, that a decisive battle had taken place, that Bonaparte was pursued and killed by the Cossacks, that the Allied Sovereigns were actually in Paris, and that now (that most welcome news to the Inhabitants of Dover) an immediate Peace was certain. He desired to have a sheet of paper, that he might write a letter to the Port-Admiral at Deal, Admiral Foley; paper was furnished, and he sat down to write, and soon afterwards the letter was dispatched to the Port-Admiral at Deal. Upon persons coming round him and importuning him with questions, he pretended to be extremely fatigued. He said he had travelled two or three nights. "Do not pester me with questions, you will know it to-morrow from the Port-Admiral." He ordered a post-chaise and four for London, and he offered to pay with some gold Napoleons; the landlord of the inn did not know exactly the value of a Napoleon, and scrupled to take them, upon which this gentleman, rather inconsiderately, produced from his pocket some one pound Bank of England notes, with those notes he paid for his chaise, and he set off for London in the post-chaise and four. When he arrived at Canterbury he rewarded his post-boys very liberally; he gave each of them a Napoleon. A Napoleon, I dare say you know, is worth eighteen or twenty shillings; he ordered horses on to Sittingbourn; the same chaise brought him from Canterbury to London, and he gave Napoleons to all his post-boys. It was difficult to say which was first upon the road, this Colonel Du Bourg or other expresses which had been sent off from Dover with this happy news, for as soon as this news was announced all Dover was in agitation. Post-horses were ordered out, and I believe some of the expresses reached London half an hour before this person himself.

Gentlemen, it will be necessary that I should read to you the letter to Admiral Foley, it is dated Dover, one o'clock A. M. February 21, 1814, addressed to the Honorable J. Foley, Port-Admiral, Deal, &c. &c. &c. signed R. Du Bourg, Lieutenant-Colonel and Aid de Camp to Lord Cathcart. "SIR, I have the honor to acquaint you, that the L'Aigle from Calais, Pierre Duquin, Master, has this moment landed me near Dover, to proceed to the Capital with dispatches of the happiest nature. I have pledged my honor that no harm shall come to the crew of L'Aigle; even with a flag of truce they immediately stood for sea: should they be taken, I have to intreat you immediately to liberate them, my anxiety will not allow me to say more for your gratification, than that the Allies obtained a final victory, that Bonaparte was overtaken by a party of Sachen's Cossacks, who immediately slaid him, and divided his body between them. General Platoff saved Paris from being reduced to ashes, the Allied Sovereigns are there, and the white cockade is universal, an immediate peace is certain; in the utmost haste, I entreat your consideration, and have the honor to be, Sir, your most obedient humble Servant, R. Du Bourg."

A post boy was sent over with this letter to Admiral Foley; he delivered it to the Admiral between three and four o'clock, I think, and nothing but the haziness of the morning which obstructed the working of the telegraph, prevented the news reaching the Admiralty, in which case the conspiracy in question, which was effectual to a great degree, would have been complete, and all the expectations of the conspirators fully realized.

Gentlemen, when Colonel Du Bourg, alias Mr. De Berenger, arrived at Rochester, he saw the landlord Mr. Wright, he conversed with him a considerable time, and to him he repeated this news. He ordered horses on for Dartford, and gave Napoleons to the post boys, and when he arrived at Dartford, he there repeated his news to the landlord and the waiter, partly in the hearing of the post boys. When he set off from Dartford he desired the post boys to drive as fast as possible; they did so for the first three miles; when they arrived at Bexley Heath, the road being within sight of the telegraph, he spoke to the post boys, and told them they need not drive so fast, that his business was not so pressing, as the telegraphs could not work; they told him they were sure they could not work, that they knew the telegraphs all along the road. In coming up Shooter's Hill, the post boys alighted from their horses and walked by the side of the chaise. They were naturally very desirous to know distinctly what the news was, and one of them said, "Pray Sir, what is the news?--Oh it is all over--Bonaparte is killed--the Cossacks fought for a share of his body; he was literally torn to pieces by the Cossacks,"--he said, "I landed last night within two miles of Dover, and the French boat immediately put to sea; I went to the Ship at Dover. I wrote a letter to Admiral Foley, in order that he might forward the news by the telegraph; I was obliged to do that--it was my duty;" and then still more to put them in good humour, he handed out to them some wine, which he had brought from Dover.--He said to them, do not talk of this news as you go along--as soon as you have parted with me you may tell who you please; by and by he said, Pray where can I get a hackney coach? the first stand, the boy told him, was at the Bricklayer's Arms--"No, I will not take one there;" then the Marsh Gate--"Very well, I will get one there". When they crossed Saint George's Fields, the post boy, who every now and then turned round for the gratification of looking at this generous bearer of good news, observed that he pulled up the blind, and seemed to avoid observation. He did not know what his reason might be for that, and it did not strike him till afterwards. They tried to get a hackney coach at the Three Stags, they could not, and they went on to the Marsh Gate, there they found one coach, and one coach only; Colonel Du Bourg stepped out of the post chaise into the hackney coach. He gave each of the boys a gold Napoleon; he drove off, and away they went, as happy as they could be, to spread every where this very glorious news. This you will find to have been at about nine o'clock in the morning.

Gentlemen, you may very readily suppose that very soon after ten o'clock, this news reached the Stock Exchange; whether through the post boys or by the expresses sent up from Dover, it did reach the Stock Exchange at a little after ten o'clock. Probably you know that business commences at ten. At ten business commenced as it had left off on Saturday; the price of Omnium for some time was 27-1/2. It began extremely flat at 27-1/2--it went on 27-1/2--but in about a quarter of an hour, accounts came that an officer from Paris had arrived at Dover, and had come up in a post chaise and four to Government with this news, which was recited in detail. The Funds immediately rose to 28--28-1/2--29 and 30, and on it went till about twelve o'clock, when no letter coming from the Secretary of State to the Lord Mayor, people began to doubt its truth, and from 30 Omnium fell to 29, and was getting down, when between twelve and one o'clock there came the amplest confirmation. This, Gentlemen, you will find to be auxiliary to the main plot, and a very important auxiliary. In itself it would have been absolutely nothing. There drove through the City, a post chaise and four, with three persons in it, two of them dressed like French Officers, in blue great coats, with white linings; they wore white cockades, and their horses were decorated with laurel. As they went along they dispersed little billets announcing this news. After a kind of triumphal progress through the City, they turned to the left at Bridge Street, went over Blackfriars Bridge, quitted the main road for the New Cut, and when they had arrived near the Marsh Gate, within a hundred yards of the spot at which Colonel Du Bourg had alighted, these three gentlemen got out of their chaise, folded up their cocked hats, put on round hats, and walked off.

Gentlemen, this you may suppose, indeed we all know, produced an emotion in the City not to be described. There is nothing so contagious as popular feeling, especially on a subject of great public interest. This stamped certainty upon the news; this reached the Stock Exchange, and the funds, which had begun to droop, revived; Omnium rose to 30, 31, 32 and 32-1/2. Thus it went on for a short time, till persons having been sent to the West End of the Town, and it being found that no Messenger had arrived at the Office of the Secretary of State with this intelligence, it was discovered that this had been a gross and wicked deception; and the Funds returned to very nearly their former level. But there were very large sales made, and of course there were many persons defrauded. The members of the Stock Exchange felt it, and felt it deeply; and they appointed a Committee to investigate this business, and to ascertain who were the parties to this fraud. That Committee pursued the investigation with great industry, and they discovered that which I shall lay before you in evidence. As the underplot is the shortest, I may as well dispose of that first.--They ascertained that this second post chaise had come from Northfleet, which is, you know, near Gravesend. That Mr. Ralph Sandom, who is a Spirit Merchant, living at Northfleet, but who was at that time also like Mr. De Berenger, a prisoner within the rules of the King's Bench, and who kept within the rules just as faithfully as Mr. De Berenger did, had sent, early in the morning, to Dartford, for a post chaise and four, to be sent to him at Northfleet, and for four horses to be ready to take him on to town; and that Mr. Sandom; a Mr. Alexander M'Rae, a person in most desperate circumstances; and Mr. Lyte, who is, I believe, a little Navy Agent, and a very poor man, were the persons who had come in this post chaise; and that M'Rae and Lyte were the two persons who were dressed in the uniform of French Officers.

Gentlemen, they ascertained further, that Mr. M'Rae resided at a lodging in Fetter Lane; that on Saturday the 19th of February, he had brought into his lodgings a couple of great coats, blue lined with white, to resemble the coats of French Officers; that he had white cockades made up by his wife in the lodging, and upon enquiry being made by his hostess what all this could mean, said, that it was _to take in the flats_. He quitted his lodging in the afternoon of Sunday, stating that he was going down to Gravesend by water; and he returned about two on Monday, after having, as I stated, quitted the chaise at the Marsh Gate. The great coat was speedily altered, by the white lining being taken out and another lining put in its place, and the white cockades were burnt: and Mr. M'Rae, who had been in the greatest distress for money, was, in the course of that week, exulting in his success, boasting of the money he had earned by that which he had done; and on being expostulated with on the impropriety of that mode of getting money, said, "If I had not somebody else would."

Gentlemen, the Committee discovered that Mr. M'Rae was a party to this business at a still earlier period, and that it had been for some time in preparation, that he had on the 14th (the Monday preceding) written a letter to a person of the name of Vinn, appointing a meeting at the Carolina Coffee-House for the next day. On the Tuesday Vinn met him. Mr. Vinn speaks French very well, and Mr. M'Rae explained the business on which he wished to converse with him; the funds were then in a critical situation, it would be a very good thing if he would but personate a French officer, and bring some good news to Town, and that a hundred pounds were at his service. Mr. Vinn felt a little indignant at this proposal being made to him, saying that he hoped what Mr. M'Rae knew of him would have given him a different opinion of him; but Mr. M'Rae would not let Mr. Vinn go without giving him some French phrases, which you will find were the very phrases in these billets thrown out when they passed through the City. It was therefore completely ascertained that M'Rae was not only concerned as an actor in this under plot, carried on by the chaise from Northfleet to London, but that he had so long before as the Tuesday preceding, proposed to Vinn to do that which De Berenger in fact did.

The Committee afterwards ascertained, that the immediate employer of the persons in the Chaise was Mr. Holloway, a wine merchant, another defendant, who independently of his concerns with those persons, chose to have a little dealing in the funds himself, he had a small milkscore of about forty-thousand pounds omnium, which he disposed of on that 21st day of February, at a handsome profit.

Gentlemen, you will not fail to observe that this part of the plot could have had no effect but for the foundation laid by the appearance of the pretended officer at Dover and his journey to London; for a post-chaise coming through the City with white cockades and laurel branches would have had no effect except to excite laughter and derision, but for the preparation made by De Berenger in the character of Du Bourg; and when you find for the purpose of producing the same effect, such a coincidence of plan, and such a coincidence of time, the one the basis and the other the superstructure, although I shall not be able to prove all the parties meeting together, conferring together, consulting together, still it will be impossible to doubt that these are two parts of one whole; that this is, in short, not two conspiracies, but one and the same conspiracy.

Gentlemen, the enquiry respecting the chaise from Dover led to much more important results. It was the first business of the Committee to learn to what place this pretended Du Bourg went in the Hackney-coach from the Marsh-gate. They found out the Hackney-coachman, and he informed them that he was directed by Du Bourg to drive, and he did drive straight and direct to No. 13, Green-street, the house of Lord Cochrane, and it is not an immaterial consideration in this matter, a house in which Lord Cochrane had resided but three days, a ready-furnished house which he had taken of Mr. Durand, and a person must have been on intimate terms with Lord Cochrane to know where he resided on Monday, Lord Cochrane having gone into the house only on the Thursday evening preceding.

The Coachman further informed the Committee that when he stopped at this house Du Bourg enquired for some person by the description, as he thought, of Captain or Colonel, and that the answer given by the servant was, that he was gone to breakfast in Cumberland-street.

Having proceeded thus far, the next thing for the Committee to discover was whether Lord Cochrane was a person who could have any possible interest in the success of this fraud. They pursued their enquiries upon that subject, and they discovered, to their utter astonishment, that this nobleman--this officer highly distinguished in the navy, then lately appointed to an important command, and one should have supposed his whole soul ingrossed in preparation for the active and important service on which he was going--this Representative in Parliament for the City of Westminster, bound by the most sacred of all duties, not to involve himself in any situation by which his honest judgment could be warped, and his parliamentary conduct influenced--they found Lord Cochrane to have been a deep speculator in omnium; that he had been so for one week only; that on that Monday morning he had a large balance on hand, and that on that Monday morning he had sold out the whole of that balance, and sold it at a profit.