The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 3

Gentlemen, I have to apologize to you for having in this large ma.s.s 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 princ.i.p.als 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 a.s.suring you that I am ready to contribute liberally towards the above sum of 10,000 and I rest a.s.sured 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. b.u.t.t, 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 n.o.ble 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 a.s.sistance of an accomplice, but it must not be an accomplice chosen by his a.s.sociates.

No, Gentlemen, an accomplice chosen by his a.s.sociates 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 trespa.s.s upon your attention. Survey the whole of these transactions. You find that the princ.i.p.als,--those who were to benefit above all others, were the Cochranes and b.u.t.t; Holloway in a smaller degree, but still not slightly;--De Berenger the princ.i.p.al 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 a.s.signed 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 a.s.sistance 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 a.s.siduity, 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 s.h.i.+eld 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 s.h.i.+p 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 pa.s.sage.

_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 s.h.i.+p.

_Q._ Had you any conversation with him?