Chapter 5

Then, Gentlemen, there is another check paid the 25th of February, 1814, on Prescott and Company by Lance, for £98. 2s. 6d. made payable to Mr. Butt, this was paid in a Bank note for fifty pounds, another for forty pounds, and the remainder in small notes. In the memorandum book, there is an entry to S. £50 importing that he had given to Smith £50. I will prove that Smith paid to Mr. Seeks that same note for fifty pounds, and the forty pound note I will prove that De Berenger paid at Sunderland to Mr. Bray, the rest we are not able to trace: add these sums together, they amount to the £450, and the £90, the very figures entered in Mr. De Berenger's memorandum book, which memorandum book was found in his writing desk when he was taken. Gentlemen, when I thus shew De Berenger, who quitted London on Sunday the 27th of February, having accomplished this fraud on Monday the 21st, thus possessed of notes of this large value, in this great number, which were in the hands of these Defendants on Thursday the 24th; are you not just as certain that he received those notes from these Defendants as a reward of his criminal service, as if you had been yourselves by, seen the notes paid, and heard the reason assigned for which they were paid.

It was stated in the Newspapers, that some of the notes found on De Berenger, had been in the hands of Mr. Butt, upon which Mr. Butt directly addressed this letter to the Morning Chronicle, which appeared on the 18th of April. "Sir, Having read in several papers, a paragraph mentioning that Bank notes were found in the trunk of Captain De Berenger, which were in my possession, and were paid to me by Mr. Fearn, one of my Stock brokers, I think it proper in answer thereto, to say, that as the circumstances will be more fully discussed at a proper period, your astonishment will cease to exist when you see in what manner Captain De Berenger became possessed of the notes in question." Then Mr. Butt knows in what manner De Berenger became possessed of these notes, I call upon Mr. Butt to tell you how they came into De Berenger's possession; my learned Friends will hereafter have to inform you. And, Gentlemen, you will require something more than my Friend's statement, for the statement of Counsel you know, is from the instructions of the Client, and the instructions of the Client may deserve no more credit than a _voluntary affidavit_. I call upon Mr. Butt to shew that by evidence, and if he does not shew you that those notes came into the hands of De Berenger from some other quarter, for some other reason as a reward for some other service, it is impossible for you to resist the conclusion that they were the reward of De Berenger, for the guilty services which he rendered in this fraud; and if so, it was a reward from Lord Cochrane, it was a reward from Mr. Cochrane Johnstone, it was a reward from Mr. Butt, they are one and the same, there is an identity between these three persons that hardly ever existed, they have but one mind, they are inseparably connected.

Gentlemen, I have to apologize to you for having in this large mass of matter omitted one thing, I stated that I should prove to you that Mr. Cochrane Johnstone had called at the house of De Berenger the day before he finally went off, I shall prove that by Mrs. Davidson, with whom De Berenger lodged, and I shall, by her evidence and that of her husband, falsify the Smith's affidavits, for I will shew by them that on the night in question De Berenger slept out, and that the fact of his sleeping out was known to Smith and his wife, who have made the affidavits.

Now, Gentlemen, it appears to me that I have done a great deal more than sufficient to prove these persons guilty, but they are never contented with giving evidence against themselves; upon the arrival of De Berenger in London they began to apprehend that the hour of detection drew near, and that they must strike a bold stroke to ward off the blow, and on the 12th of April, Mr. Cochrane Johnstone writes a letter to the Chairman of the Committee of the Stock Exchange which I will read to you--"Sir, I have this moment received a letter, of which the inclosed is a copy, and lose no time in transmitting it to you, for the information of the Gentlemen composing the Stock Exchange Committee; from the bearer of the letter I am given to understand that Mr. Macrae is willing to disclose the names of the principals concerned in the late hoax, on being paid the sum of £10,000, to be deposited in some banker's hands in the names of two persons to be nominated by himself, and to be paid to him on the conviction of the offenders. I am happy to say that there seems now a reasonable prospect of discovering the author of the late hoax, and I cannot evince my anxious wish to promote such discovery more than by assuring you that I am ready to contribute liberally towards the above sum of £10,000 and I rest assured that you will eagerly avail yourselves of this opportunity to effect the proposed discovery, and an object you profess to have so much at heart, by concurring with me in such contribution, I have the honor to be, Sir, your obedient humble Servant, A. Cochrane Johnstone." And then there is Mr. M'Rae's letter inclosed, addressed to Mr. Cochrane Johnstone. "Sir, I authorize the bearer of this note to state to you that I am prepared to lay before the public the names of the persons who planned and carried into effect the late hoax practised at the Stock Exchange the 21st of February, provided you accede to the terms which my friend will lay before you, I am, Sir, your obedient servant, A. M'Rae." Mr. M'Rae's friend must have been the bearer of some message, for you observe that Mr. Cochrane Johnstone's letter states more than Mr. M'Rae's letter offers, Mr. Cochrane Johnstone does not receive an answer, and that he considered as very ill treatment. Six days afterwards he writes another letter, "Sir, I have to request that you will be so good as to inform me what are the intentions of the Stock Exchange on the subject of the letter which I addressed to you, relative to the proposal of Mr. M'Rae; Lord Cochrane, Mr. Butt, and myself are willing to subscribe £1,000 each, in aid of the £10,000 required by Mr. M'Rae."

Gentlemen, these letters call for more than one observation; I cannot forbear to make one upon the term which Mr. Cochrane Johnstone employs to describe this transaction--"A HOAX," a mere joke, a matter of pleasantry. Gentlemen, a young, a giddy, an unthinking and careless man, who had no concern in the transaction, and who had never been suspected to have had any, might perhaps, in conversation, make use of that term; but Mr. Cochrane Johnstone is not young, he is not giddy, he is not unthinking, he is not inexperienced, he has seen much of the world, he is a cautious man, he is a man of high and noble family, he knows that he is suspected of having been a party in this transaction, and yet he calls it a HOAX! I beg to know what word in Mr. Cochrane Johnstone's vocabulary is to be found to express FRAUD? I presume he would call obtaining money by false pretences, an indulgence of the imagination, and playing with loaded dice, a mere exercise of ingenuity. Is it possible for any innocent man, situated as Mr. Cochrane Johnstone then was, to describe this foul fraud by the name by which Mr. Cochrane Johnstone here describes it? But, Gentlemen, look at the proposal itself; what must Mr. Cochrane Johnstone have thought of the Stock Exchange Committee? surely he must have thought that they were selected for their extraordinary gullibility, when he made this proposal to them. Undoubtedly they would have had no objection to the assistance of an accomplice, but it must not be an accomplice chosen by his associates. No, Gentlemen, an accomplice chosen by his associates is not chosen to divulge, but to suppress the truth. I should have thought that Mr. M'Rae, knowing that they had complete proof against him--which had been obtained at a cheaper rate than £10,000 might have made a more moderate proposal. I should have thought that impunity for himself, which is the common price of an accomplice, would have been sufficient to have had the evidence of Mr. M'Rae, but Mr. M'Rae's price is ten thousand pounds; his worthy companions are willing to contribute three--that is, they will give him three thousand, and will obtain for him seven thousand more; and I have no doubt, that if the offer had been accepted, Mr. M'Rae would very honestly have earned the whole, and have duly recollected to whom he was obliged for it.

Gentlemen, when Lord Cochrane, a few years ago, was preparing for an attack upon the French fleet in Basque Roads, suppose the French admiral had sent this letter to him:--Sir, You are preparing to attack me to-morrow, the bearer is the best pilot on our coast, I should be sorry that you should run upon a rock, he will pilot you safely, do but accept his services; but as his skill is great his price is high--he requires ten thousand pounds; but so anxious am I for the success of your enterprize, that I will give him three if you will but give the other seven.

Gentlemen, this is the modest proposal which Mr. Cochrane Johnstone makes to the Committee of the Stock Exchange; and when he has so done he affects to be extremely angry that the Committee do not accept it.--Gentlemen what can be said more; what men would have resorted to this expedient but men who felt that they were on the eve of detection, and who tried this desperate expedient to see whether they could ward it off.

Gentlemen,--I believe I have now arrived at the end of my long trespass upon your attention. Survey the whole of these transactions. You find that the principals,--those who were to benefit above all others, were the Cochranes and Butt; Holloway in a smaller degree, but still not slightly;--De Berenger the principal agent;--the others, subordinate agents, who could have done nothing unless the foundation had been previously laid by De Berenger, in the character of the officer from Dover; his news had had its effect upon the funds even before the second arrived. Though it cannot be shewn, as in many cases it cannot, that these parties met and conferred and assigned to each his respective part, yet if you find a coincidence in object, and a coincidence in time; if you find the mode of execution precisely the same, is it possible to doubt that these underplotters were the agents of the great conspirators;--That the great conspirators were the authors of the plan, and that the others were executing their subordinate part?

Gentlemen, I have given you the best assistance in my power to understand and apply the evidence which will be laid before you. They whom I represent, have no wish but that justice should be done; they have investigated this subject with great care, with great assiduity, with great diligence, with great anxiety. They have had no personal difference with any of these defendants; they have never come in collision with them, to have the smallest possible difference; they have no wish but justice, and I am sure that at your hands they will attain that justice; and your verdict to day, (which I am sure after you shall have heard the whole of this case, will be a verdict of guilty,) will be a most salutary verdict:--It will shew the world that as there is no man beneath the law, so there is no man above it. It will teach evil minded persons, the absurdity of expecting that schemes of fraud can be so formed as to provide for all events. It will teach them that no caution can insure safety: that there is no contrivance, that there is no device, no stratagem, which can shield them from detection, from punishment, and from infamy.

EVIDENCE FOR THE PROSECUTION.

_John Marsh sworn._

_Examined by Mr. Bolland._

_Q._ I believe you keep the Packet Boat public house at Dover?

_A._ I do.

_Q._ Was your attention called to any thing early on the morning of the 21st of February?

_A._ No more than a gentleman was knocking at Mr. Wright's door of the Ship Inn, at Mr. Wright's fore door.

_Q._ What time?

_A._ Some time about one, or a little after one, between one and a quarter after one.

_Q._ Did you go out upon hearing that?

_A._ I did.

_Q._ Did you take any light with you, or did you go without one?

_A._ I went without a light.

_Q._ Upon going out whom did you find at Mr. Wright's door?

_A._ Some gentleman there.

_Q._ What was his appearance?

_A._ He appeared to be a gentleman.

_Q._ What was the appearance of his dress?

_A._ He had on a grey greatcoat and a uniform coat under it.

_Lord Ellenborough._ Was there light enough by the moon or the stars for you to see this?

_A._ After I got to the door, I called to a gentleman in my house to bring two lights across, when I had the two lights, the gentleman was in the passage.

_Mr. Bolland._ Do you mean the gentleman you had seen at the door?

_A._ Yes; he had a star on his red coat.

_Lord Ellenborough._ That coat you describe as a uniform coat, was a red coat?

_A._ Yes it was.

_Mr. Bolland._ That was under the great coat?

_A._ Yes.

_Q._ Will you look at this star, (_shewing it to the witness_,) and tell me whether it was like that?

_A._ That I cannot tell, it was something similar to that.

_Q._ Had he any other ornament?

_A._ Not to my knowledge.

_Q._ Did you say any thing to him or he to you?

_A._ He was very anxious for a post chaise and four.

_Q._ Did he apply to you for that?

_A._ No not to me in particular.

_Q._ Who had come down to him?

_A._ The porter at the Ship.

_Q._ Had you any conversation with him?

_A._ He wanted an express horse and a man to send to the Admiral at Deal.

_Q._ Did all this pass in the passage, or had you proceeded further?

_A._ It passed in the passage.

_Q._ Did he proceed into the house?

_A._ I asked him where he came from, and he told me he was the bearer of the most important dispatches that had been brought to this country for these twenty years; I asked him where he came from; he told me from France. I asked him where he landed, he told me on the Beach, and he begged of me to get a post chaise and four for him; and then I went and called Mr. Wright of the Ship Inn; after I came down from calling Mr. Wright, he wanted pen, ink, and paper.

_Lord Ellenborough._ He went into the Ship Inn, did he?

_A._ I shewed him into a room of the Ship Inn. As soon as Mr. Wright came down stairs, Mr. Wright gave me a sheet of paper, and pen and ink, which I carried into the room. I gave it to him, and he began to write upon it.

_Q._ You saw him write upon it?

_A._ I did. He called for a bottle of Madeira, and something to eat. I asked him whether I should call the collector of the port; I told him that it was his business to see such people when they landed; he made answer to me, that his business did not lie with the collectors; then Mr. Wright came to him, and I had no more conversation with him.

_Mr. Bolland._ You say two candles were brought to you?

_A._ Yes.

_Q._ Where were those candles placed?

_A._ On the table where he was writing, one on each side of him.

_Q._ Had you an opportunity from the situation of them of observing his person and face?

_A._ Yes, I think that is the person, (_pointing out Mr. De Berenger_.)

_Mr. Gurney._ I will thank Mr. De Berenger to stand up.

_Mr. Park._ Not unless his Lordship desires it he need not stand up.

_Lord Ellenborough._ He will make his election whether he will stand up or not.

_Mr. Park._ He is not to be shewn about like a wild beast as he has been.

_Mr. Bolland._ Who else was there?

_A._ A gentleman of the name of Gourley, and another of the name of Edis.

_Q._ Did you see another person there of the name of St. John?

_A._ I did not know him, they say there was such a person there.

_Q._ Was there another gentleman in the house?

_A._ Yes there was.

_Q._ Did you go away or remain with him?

_A._ I went to get the horses ready for him with all possible dispatch.

_Q._ Did you see him get into the chaise?

_A._ I saw him after he was in.

_Q._ Did any thing more pass in your presence?

_A._ No more than that he told the two postboys he would give them a Napoleon each.

_Q._ Did you observe how his head was dressed?

_A._ He had a German cap on with a gold fringe on it or silver; I did not pay that attention to it to say which, it had gold lace round the bottom part of it.

_Q._ Was it such a coat as that, (_shewing a grey coat to the witness_.)

_A._ Yes, such a color as that.

_Q._ And such a cap as that, (_shewing a fur cap to the witness_?)

_A._ Such a cap; but whether that was the cap I did not pay attention.

_Q._ Have you told his Lordship all that you saw and heard?

_A._ Yes.

_Q._ Did he tell you how he got to the beach?

_A._ No, he told me he landed on the beach.

_Cross-examined by Mr. Park._

_Q._ What are you to this Ship Inn, I do not quite understand?

_A._ I live opposite.

_Q._ Are you any way connected with the Ship Inn?

_A._ Not in the least.

_Q._ How came you, hearing a knocking at Mr. Wright's Ship Inn, particularly to get up?

_A._ I was up.

_Q._ What had you to do with the Ship Inn, that because a man is knocking at the Ship Inn door you light candles at your house and carry over?

_A._ I went across to see who the gentleman was.

_Q._ Merely curiosity?

_A._ Mere curiosity.

_Q._ And from the same spirit of curiosity you lit two candles and brought them over to the Ship Inn?

_A._ I told a person to bring them over.

_Q._ Was it very beautiful moonlight that night?

_A._ No it was not moonlight.

_Q._ Was there any moon that night; had there been that night at all?

_A._ I did not pay that attention to the night to say.

_Q._ It was beautifully starlight I suppose.

_A._ I do not know, I did not pay that attention.

_Q._ Was it a foggy night?

_A._ That I did not look after.

_Q._ You will see by the Almanack it was new moon the night before; you did not observe whether it was moonlight, starlight, or foggy?

_A._ No.

_Q._ You found he had got into the passage of the house when you got the candles?

_A._ Yes.

_Q._ Who let him in?

_A._ The boots.

_Q._ Did you see him?

_A._ Yes in the passage.

_Q._ How long did you converse with him about the news that you say he said was greater than had ever been heard of for these twenty years from France? All that passed in the passage?

_A._ Yes.

_Q._ How long a time might you be in the passage?

_A._ Not longer than five minutes before I went to call Mr. Wright.

_Q._ Do you mean you were with him only five minutes before you went up stairs to call Mr. Wright, or altogether?

_A._ Altogether I suppose about that, I cannot speak to a minute; but he was in great haste to get away.

_Q._ How long do you think this person was altogether at Mr. Wright's?

_A._ I should think not more than twenty minutes.

_Q._ Where were the candles all this time you were in the passage with him?

_A._ I had them in my hand.

_Q._ What did you do with them when you went up to Mr. Wright?

_A._ I left them with him in the parlour; boots got me a candle.

_Q._ You held the candles in your own hand while you remained in the passage?

_A._ Yes, while the boots unlocked the parlour door, and I went and put them on the table.

_Q._ Before you went up stairs?

_A._ Yes.

_Q._ Had the person who you say was this gentleman gone into the parlour before you went up stairs?

_A._ Yes he had.

_Q._ I take for granted when you came down stairs and Mr. Wright got the paper you did not go in again?

_A._ No; he wished me gone, and I did not go in again.

_Q._ Then altogether, except for seeing him for five minutes in the passage, and you going into the parlour for the short time you did, and afterwards when you saw him in the post chaise, and when he offered the postboys a Napoleon each you did not see him?

_A._ No.

_Q._ You had nothing to do personally with this inn called the Ship?

_A._ No, I keep the Packet Boat opposite.

_Q._ Do you know whether there had been a large company at the Ship Inn that day?

_A._ I do not know.

_Q._ You had not seen Mr. Wright the innkeeper late in the evening of that day, had you?

_A._ No.

_Q._ Had you ever seen this person who you say is the gentleman sitting before me before that time?

_A._ Not before, nor yet since, till to-day.

_Q._ And from this slight observation of him, which you have described, you take upon you confidently to swear that this person sitting before me is the man?

_A._ Yes.

_Q._ Never having seen him before nor again till this day?

_A._ I am very well satisfied.

_Q._ You are very easily satisfied I see; were you ever examined upon this subject before?

_A._ Mr. Stowe, the collector--

_Q._ I do not ask as to Mr. Stowe, but were you ever examined in London before?

_A._ No, never.

_Q._ Mr. Stowe is the only person who has examined you upon this subject till my learned friend has done it now, and I cross-examine you?

_A._ Yes.

_Re-examined by Mr. Bolland._

_Q._ Before you sent for the lights, had the gentleman told you what his business was, and that he had landed from the Beach?

_A._ He told me before I sent for the lights; I was in the passage with him at the time till the lights came.

_Q._ Was your attention particularly called to him as a stranger of some importance?

_A._ Undoubtedly.

_Q._ You have said you had not seen the person before whom you have pointed out?

_A._ No.

_Q._ Did any body suggest to you that that was the person when you saw him?

_A._ No, it was by myself in the hall.

_Q._ Did you know him when you saw him?

_A._ The instant I saw him.

_Q._ Had you the least doubt upon your mind of his being the man?

_A._ Not the least.

_Thomas Worthington Gourley sworn._

_Examined by Mr. Bolland._

_Q._ You are a hatter at Dover I believe?

_A._ I am.

_Q._ Were you at Mr. Marsh's, the Packet Boat, on the morning of the 21st of February?

_A._ I was.

_Q._ Was your attention called to any thing in particular on that morning?

_A._ Yes it was, after Mr. Marsh went out first and called for lights, I took two candles and went across with him to the Ship.

_Q._ On getting to the inn what did you perceive?

_A._ I perceived a gentleman in a grey coat, a pepper and salt coloured coat, more properly speaking.

_Q._ Look at that coat, and tell me whether it was like that?

_A._ Something similar to that.

_Q._ Did you remark any other part of his dress?

_A._ Not at that time.

_Q._ Tell us what passed when you went over?

_A._ Mr. Marsh asked me to go and call the ostler up, and tell him to get a post chaise and four immediately.

_Q._ Had the stranger said any thing in your presence?

_A._ Not at that time.

_Q._ Did you do so?

_A._ I did.

_Q._ Did you return back again?

_A._ After some considerable time--I was sometime in getting the ostler up.

_Q._ Where did you find the stranger on your return?

_A._ I found him in the parlour.

_Q._ Were there any lights in the room?

_A._ There were.

_Q._ How were the lights placed with reference to him, and what was he doing?

_A._ There were two candles on the table, the gentleman was walking about, he had got a uniform dress on I perceived then.

_Q._ What was the colour of that dress?

_A._ Red, trimmed with gold lace, with a star upon his breast.

_Q._ Did you perceive any other ornament?

_A._ No I did not, to notice it.

_Q._ Did you make any remark upon the dress of his head?

_A._ He had got a cap on.

_Q._ Was it like that cap?

_A._ Something similar to that.

_Mr. Park._ Does your Lordship think they ought to be exhibiting these paraphernalia; it appears to me something like a novelty exhibiting such things in a Court of Justice till the proof has gone further?

_Lord Ellenborough._ The witness has said he had a cap on, and so on.