Chapter 3

When the Committee had learned thus much, they could not but feel that it was impossible that it could be an accidental coincidence, that this impostor, Du Bourg, should have alighted at the house of a person thus deeply interested in the success of the imposition which he had practised. But their enquiries and discoveries did not end there; they found that Lord Cochrane had not acted alone in these stock proceedings; that he was connected with two other persons, who were still more deep in them, the one his uncle, Mr. Cochrane Johnstone (also a member of parliament), and the other a Mr. Richard Gathorne Butt, formerly a clerk in the Navy Office. They discovered that these persons were engaged together in speculations of a magnitude perfectly astonishing. I have the statement in my hand; but I do not think it requisite, in my address to you, to go through all the particulars. Mr. Cochrane Johnstone and Mr. Butt, who had commenced their stock speculations on the 8th of February, a week earlier than Lord Cochrane, had dealt much more largely even than he had. Their purchases were the same, their sales the same; they seemed in these stock speculations to have but one soul. If one bought twenty thousand, the other bought twenty thousand; if one bought ninety-five thousand, the other bought ninety-five thousand; you will find the act of one the act of the other; and you will find these three persons, Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, having on the Saturday preceding this Monday, a balance amounting in consols and omnium to very nearly a million--reduced to consols, you will find it amount to sixteen hundred thousand pounds; and on the morning of Monday, on the arrival of this news, they all three sold--they sold all that they had, every shilling of it; and, by a little accident in the hurry of this great business, they sold rather more.

Gentlemen, it was discovered still further, that the principal agent in these purchases and sales, was a Mr. Fearn, a stock broker; that Mr. Butt was the active manager; that the directions for Lord Cochrane's purchases and sales were made mostly by Mr. Butt, and were recognized by his Lordship; that the payment for any loss (sustained by either of the three) was made by Mr. Butt, and the receipt of any profit was by the hand of Mr. Butt. They discovered that Mr. Cochrane Johnstone and Mr. Butt, were in the habit of coming every morning at an early hour to visit their broker, Mr. Fearn; that on the morning in question, they had come at an early hour, in a hackney coach, and that Lord Cochrane, after having breakfasted in Cumberland-street with Mr. Cochrane Johnstone and Mr. Butt, came in the same hackney coach, at least as far as Snow-hill, if he did not afterwards go on to the Stock Exchange. They discovered, too, that Mr. Fearn was not the only broker they employed; they employed a Mr. Smallbone, a Mr. Hichens, and a Mr. Richardson; they may have employed twenty others that we know not of, because it has been only by accident that the Committee learned their employment of Mr. Richardson, for Mr. Richardson not being a member of the Stock Exchange, the Committee had no controul over him to exact information from him. Mr. Butt had employed Mr. Richardson on the Saturday preceding, to purchase fifty thousand omnium, of which he the same day sold thirty; and so anxious was Mr. Butt on that Saturday to be possessed of as much stock as possible, that he endeavoured to persuade Mr. Richardson to purchase one hundred and fifty thousand, but Mr. Richardson trembled at the idea of making so large a speculation, and refused to go beyond the fifty thousand.

You have these persons, then, linked together in such manner, as will render them perfectly inseparable in these various stock transactions; having dealt for some little time; having bought and having sold; having this tremendous balance, this world of Stock, under which they were, on the Saturday evening, bending and groaning, on the Monday morning they had disburthened themselves completely of this with a profit of a little more than ten thousand pounds. If the telegraph had worked, that ten thousand would have been nearer a hundred thousand--that the telegraph did not work, was not to be ascribed either to them or to their agent.

Gentlemen, when all this was ascertained, the Committee apprised those who had appointed them of the result of their labours; they printed an account for the information of the members of the Stock Exchange; they then had some private information, that Du Bourg really was De Berenger; but on enquiry for Mr. De Berenger, they found he was gone off; they had not, therefore, any positive proof, and on that account they very prudently said nothing upon the subject. When they had printed this information, for the use of their own members only; it did get out, and there were published in the newspapers some accounts of their reports, some of them correct, and some of them incorrect, but sufficient undoubtedly to direct the eyes of all men to these three individuals, Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt.

Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, felt that it was requisite for them to give some explanation upon this subject. Mr. Butt was extremely indignant at suspicions being thrown out respecting him, he abused those who had libelled and slandered him, and threatened prosecution, a threat which he has not executed, nor ever will. Mr. Cochrane Johnstone, too, equally threatened prosecution, and he has equally failed in the execution of his threat; but one fact stated by the Committee, roused the indignation of Mr. Cochrane Johnstone. It had been stated by the Committee, that whereas Mr. Cochrane Johnstone and Mr. Butt, had been satisfied before the 21st of February with doing business at the office of their agent, that on that morning they commenced business at an office, taken by Mr. Cochrane Johnstone for the use of Mr. Fearn, in Shorter's Court, Throgmorton-street, an office most conveniently situated, just by the side door of the Stock Exchange itself. This office consisted of three rooms, in one of which rooms were Mr. Cochrane Johnstone and Mr. Butt; in a second Mr. Fearn, and in the third a Mr. Lance, a person also employed by them; and the Committee stated, from Mr. Fearn's information, that Mr. Cochrane Johnstone had taken this office for Mr. Fearn, even without his (Mr. Fearn's) knowledge.

Mr. Cochrane Johnstone was extremely angry at this; he declared it to be a most unqualified falsehood, and that he was ready to swear positively, that he never had done any such thing; that the office was Mr. Butt's, and that Mr. Butt had given it up to Mr. Fearn; now that would not signify much, for I will shew, that Mr. Butt and Mr. Cochrane Johnstone are one and the same. Gentlemen, I am sorry to say, that after what I have seen of Mr. Cochrane Johnstone's conduct in this transaction, I am not surprised at his denying this, merely because his denial is in contradiction to the fact, but I am surprised that he should dare to deny it, when I have a contradiction not only by a witness, but by a letter under his own hand. I will prove to you, by the owner of the house, that Mr. Cochrane Johnstone did take this office; he not only took this office, but he was desirous of taking the whole house; he had taken the office before the 17th of February, and on the 17th of February he called on Mr. Addis, who had the letting of the house, and he wrote and left on his desk this letter: "Sir, I called again upon you to know if you have power to sell the house, part of which I have taken." This is Mr. Cochrane Johnstone, who is ready to swear that he never took any office at all--"_part of which I have taken_." Gentlemen, mark the remainder, and apply it to the morning of the 21st of February.--"_As I find there are several persons in the house at present, which is rather awkward, and makes it too public_--WALLS HAVE EARS." Mr. Cochrane Johnstone and Mr. Butt did not like that their consultations should be liable to be overheard--their guilt might then be proved by other than circumstantial evidence. "If you have powers to sell, I will immediately treat with you; have the goodness, therefore, to leave the terms with your clerk, or send them to me at No. 18, Great Cumberland-street. I will however call again this day, before I return to the West end of the Town."

Gentlemen, that is the letter of Mr. Cochrane Johnstone, and so much for Mr. Cochrane Johnstone's denial of his having taken the office in Shorter's Court.

Gentlemen, besides this denial of the fact, and this offer to swear to it, these Gentlemen chose to make some criticisms on the report printed by the Committee of the Stock Exchange, and the first criticism was one of great importance.--One person had said, that Colonel Du Bourg got out of the post chaise into the hackney coach, and another person said, he got into the hackney coach having just alighted from the post chaise, and it was supposed that that was a material contradiction. You will find the fact to be, that he stepped from the one into the other.

Another was, that one person called the great coat, a _mixture_, and another called it _brown_. In truth it was a greyish mixture, a military great coat.

Another was, that one person had called the lace on the cap _gold_, and another called it _silver_. It happens to be a pale gold, which according to the light in which you view it, will appear like either gold or silver. I will produce to you a fac simile of both coat and cap.

But it was felt that these criticisms would not suffice. Lord Cochrane must account for his visitor, and Lord Cochrane came forward with a declaration upon this subject, in a manner, which, I confess, appears to me most degrading. If a person of his rank thought fit to give any declaration, I should have thought that the mode of giving it would have been under the sanction of his honor. Lord Cochrane thought otherwise, and he chose to give it under the half and half sanction of a _voluntary affidavit_. I call it so, Gentlemen, for this reason, that although he who makes a voluntary affidavit attests his God to its truth, he renders himself amenable to no human tribunal for its falsehood, for no indictment for perjury can be maintained upon a voluntary affidavit. I wish that none of these voluntary affidavits were made; I wish that Magistrates would not lend their respectable names to the use, or rather to the abuse, which is made of these affidavits; for whether they are employed to puff a quack medicine or a suspected character, they are I believe, always used for the purpose of imposition.

Gentlemen, this affidavit I have before me, and I will prove the publication of it upon Lord Cochrane, it is thus prefaced:

"Having obtained leave of absence to come to Town, in consequence of scandalous paragraphs in the public papers, and in consequence of having learnt that hand bills had been affixed in the streets, in which (I have since seen) it is asserted, that a person came to my house, No. 13, Green-street, on the 21st day of February, in open day, and in the dress in which he had committed a fraud, I feel it due to myself to make the following deposition, that the public may know the truth relative to the only person seen by me in military uniform at my house on that day.

COCHRANE."

"Dated 13, Green-street, March 11th, 1814."

Now comes the Affidavit:

"I Sir Thomas Cochrane, commonly called Lord Cochrane, having been appointed by the Lords Commissioners of the Admiralty to active service (at the request I believe of Sir Alexander Cochrane) when I had no expectation of being called on, I obtained leave of absence to settle my private affairs previous to quitting this country, and chiefly with a view to lodge a specification to a patent, relative to a discovery for increasing the intensity of light. That in pursuance of my daily practice of superintending work that was executing for me, and knowing that my uncle, Mr. Cochrane Johnstone, went to the City every morning in a coach, I do swear on the morning of the 21st of February, (which day was impressed on my mind by circumstances which afterwards occurred) I breakfasted with him, at his residence in Cumberland-street, about half past eight o'clock, and I was put down by him (and Mr. Butt was in the coach) on Snow-hill about ten o'clock; that I had been about three quarters of an hour at Mr. King's manufactory, at No. 1, Cock-lane, when I received a few lines on a small bit of paper, requesting me to come immediately to my house; the name affixed from being written close to the bottom, I could not read; the servant told me it was from an army officer, and concluding that he might be an officer from Spain, and that some accident had befallen to my brother, I hastened back, and found Captain Berenger, who, in great seeming uneasiness, made many apologies for the freedom he had used, which nothing but the distressed state of his mind, arising from difficulties, could have induced him to do; all his prospects he said had failed, and his last hope had vanished of obtaining an appointment in America, he was unpleasantly circumstanced on account of a sum which he could not pay, and if he could that others would fall upon him, for full £8000. He had no hope of benefitting his creditors in his present situation, or of assisting himself, that if I would take him with me, he would immediately go on board and exercise the Sharp Shooters (which plan Sir Alexander Cochrane I knew had approved of;) that he had left his lodgings and prepared himself in the best way his means allowed. He had brought the sword with him which had been his father's, and to that and to Sir Alexander he would trust for obtaining an honorable appointment. I felt very uneasy at the distress he was in, and knowing him to be a man of great talent and science, I told him I would do every thing in my power to relieve him, but as to his going immediately to the Tonnant with any comfort to himself, it was quite impossible; my cabin was without furniture, I had not even a servant on board. He said he would willingly mess any where; I told him that the ward-room was already crouded, and besides, I could not, with propriety, take him, he being a foreigner, without leave from the Admiralty. He seemed greatly hurt at this, and recalled to my recollection certificates which he had formerly shewn me from persons in official situations: Lord Yarmouth, General Jenkinson, and Mr. Reeves, I think, were amongst the number. I recommended him to use his endeavour to get them or any other friends to exert their influence, for I had none, adding that when the Tonnant went to Portsmouth, I should be happy to receive him, and I knew from Sir Alexander Cochrane that he would be pleased if he accomplished that object. Captain Berenger said, that not anticipating any objection on my part from the conversation he had formerly had with me, he had come away with intention to go on board and make himself useful in his military capacity. He could not go to Lord Yarmouth or to any other of his friends in this dress, (alluding to that which he had on) or return to his lodgings, where it would excite suspicion (as he was at that time in the rules of the King's Bench) but that if I refused to let him join the ship now, he would do so at Portsmouth. Under present circumstances however he must use a great liberty, and request the favor of me to lend him a hat to wear instead of his military cap. I gave him one which was in a back room with some things that had not been packed up, and having tried it on, his uniform appeared under his great coat, I therefore offered him a black coat that was laying on a chair, and which I did not intend to take with me; he put up his uniform in a towel, and shortly afterwards went away, in great apparent uneasiness of mind, and having asked my leave he took the coach I came in, and which I had forgotten to discharge, in the haste I was in. I do further depose, that the above conversation is the substance of all that passed with Captain Berenger, which from the circumstances attending it, was strongly impressed upon my mind; that no other person in uniform was seen by me at my house on Monday, the 21st of February, though possibly other officers may have called, (as many have done since my appointment;) of this however I cannot speak of my own knowledge, having been almost constantly from home, arranging my private affairs. I have understood that many persons have called under the above circumstances, and have written notes in the parlour, and others have waited there, in expectation of seeing me, and then gone away; but I most positively swear that I never saw any person at my house resembling the description and in the dress stated in the printed advertisement of the Members of the Stock Exchange. I further aver, that I had no concern, directly or indirectly, in the late imposition, and that the above is all that I know relative to any person who came to my house in uniform on the 21st day of February, before alluded to. Captain Berenger wore a grey great coat, a green uniform, and a military cap. From the manner in which my character has been attempted to be defamed, it is indispensibly necessary to state that my connection in any way with the funds arose from an impression that in the present favorable aspect of affairs, it was only necessary to hold stock in order to become a gainer, without prejudice to any body; that I did so openly, considering it in no degree improper, far less dishonorable; that I had no secret information, of any kind, and that had my expectation of the success of affairs been disappointed, I should have been the only sufferer. Further I do most solemnly swear, that the whole of the omnium on account which I possessed on the 21st day of February, 1814, amounted to £139,000, which I bought by Mr. Fearn (I think) on the 12th ultimo, at a premium of 28-1/4; that I did not hold on that day any other sum on account, in any other stock, directly or indirectly, and that I had given orders when it was bought to dispose of it on a rise of one per cent. and it actually was sold on an average at 29-1/2 premium, though on the day of the fraud it might have been disposed of at 33-1/2. I further swear, that the above is the only stock which I sold, of any kind, on the 21st day of February, except £2000 in money, which I had occasion for, the profit of which was about £10. Further I do solemnly depose, that I had no connection or dealing with any one, save the above mentioned, and that I did not at any time, directly or indirectly, by myself or by any other, take or procure any office or apartment for any broker or other person for the transaction of stock affairs."

Gentlemen, Lord Cochrane has complained that he was not called upon by the Committee of the Stock Exchange to give his explanation personally. It appears to me that he has no reason to complain that they did not so call upon him--would that he had been so called upon: what would any man have given to be present to see whether any human countenance was equal to the grave relation of this extraordinary story. Let us examine it, Lord Cochrane tells us that being at this manufactory of Mr. King's he received a note, the name of the writer of which he cannot read, yet, that he hastens home directly; engaged as he is in the superintending the making of a Lamp for which he had a patent--engaged too in this tremendous stock account, which is at this very moment, under the guardian care of Mr. Cochrane Johnstone and Mr. Butt, abruptly closing, he instantly quits the City, and hastens home to see a person whose signature he cannot decypher, and when he comes there he finds Mr. De Berenger to be the writer of the note, and he has all this extraordinary conversation with him about going on board the Tonnant to instruct the crew in sharp-shooting, and then when a negative is put upon Mr. De Berenger's application at least for the present, Mr. De Berenger tells him he _cannot_ forsooth "_go to Lord Yarmouth or to any other of his friends in this dress_." Why, I beg to know, cannot Mr. De Berenger go to Lord Yarmouth or any other nobleman or gentleman in the dress in which he waits upon Lord Cochrane? if he was dressed as Lord Cochrane describes, there could be no impropriety; but still more, "_or return to his lodging, where it would excite suspicion_," _coming out_ of his lodging in this dress might to be sure excite suspicion, for persons who saw him might imagine that a gentleman thus dressed was going a little beyond the rules of the King's Bench, but how could his _return_ excite suspicion? If he was returning to his lodgings why would he want any other dress? except that he was afraid to return to his lodgings in that dress because it would afford the means of tracing and detecting him. "If I refused to let him join the ship now, he would join it at Portsmouth, _under present circumstances however, he must use a great liberty, and request the favor of me to lend him a hat to wear instead of his military cap. I gave him one which was in a back room with some things which had not been packed up._" Then we are to suppose that De Berenger was satisfied; he had got rid of this cap with the gold border which might excite suspicion, and he was content to go. No says Lord Cochrane that will not do. "_Having tried it_," that is the hat, "_on, his uniform appeared under his great coat, I therefore offered him a black coat that was laying on a chair and which I did not intend to take with me_." We are, I presume then, to understand that he put on the black coat, though that is not expressly stated, "he put up his uniform _in a towel and shortly afterwards went away_." Then he was to go off entirely, was he? Gentlemen, I am sorry to find that my Lord Cochrane, filling the high situation that he does, sees nothing wrong in assisting a person within the rules of the King's Bench to abscond, for whose stay within those rules sureties have entered into a bond; either Lord Cochrane's mind has confounded all right and wrong, or what is more probable, he confesses this smaller delinquency to conceal the greater, for I say he would not have made this acknowledgment unless he had to conceal that he lent the dress for another purpose, for which purpose I say De Berenger resorted to him, and which purpose was answered by Lord Cochrane's assistance.

Another part of this affidavit is very important, "_Captain Berenger wore a grey great coat, a green uniform, and a military cap._" I will prove to you that the uniform was scarlet; that it was embroidered with gold, and that there was a star on the breast. I will prove that by many persons who saw it, and I will produce it to you to-day.