The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 68

_Q._ Suspended?

_A._ It is not suspended.

_Q._ You mean to state that upon your oath?

_A._ I state that I hold the situation of Secretary and Register to the Court of Antigua and Montserrat.

_Q._ You have not been prevented from going out?

_A._ In consequence of being compelled to give my evidence either at this court or some other court.

_Q._ And not on any other account?

_A._ Not that I know of.

_Q._ You know of no other reasons why Government have prevented your going out, but that you may be kept here as a Witness?

_A._ Yes.

_Q._ You mean to state that broadly?

_A._ Precisely.

_Q._ Is that your hand writing? (_shewing a letter to the Witness_)

_A._ It is.

_Q._ Just look at these; are these your hand writing? (_shewing other letters to the Witness._)

_A._ That is not.

_Q._ That is Lord Cochrane's hand writing, is it not, you have got one in your pocket that is a copy of one that Lord Cochrane wrote to you in answer to one of your letters?

_A._ I will look at it. (_the Witness read the letter over._) This is precisely the same as one I have in my pocket.

_Q._ You have got that letter about you?

_A._ I have.

_Q._ Have you not proposed to my Lord Cochrane to lend you money, and have you not told his Lords.h.i.+p that if he would not----

_Mr. Bolland._ My Lord, he says he has had no communication but in writing.

_A._ I have had no communication with Lord Cochrane but in writing.

_Mr. Serjeant Best._ Would you have given this evidence if you could have obtained a loan of money from Lord Cochrane?

_A._ Most undoubtedly; I must have been compelled to do it upon oath if brought forwards in a court of justice.

_Q._ I will not have a reasoning answer, but a direct answer, and that answer I will have taken down. Would you have given this evidence here if you could have obtained a loan of money from Lord Cochrane?

_A._ If my Lord Cochrane had not called me forwards, of course I should not have given an evidence, but he has compelled me.

_Q._ That will not do, I will put the question again; I want an answer, yes, or no, to this; would you have given this evidence if you could have obtained a loan of money from Lord Cochrane?

_A._ I hardly consider that question as fair; if his Lords.h.i.+p says it is I will answer it.

_Lord Ellenborough._ I rather think the terms of the question embrace some communications; he says he has had no communications about a loan in any way but in writing, and I think you cannot in that way travel indirectly to the contents of a letter; if the letter says any thing about a loan of money, you may give it in evidence.

_Mr. Serjeant Best._ Will your Lords.h.i.+p allow me to put it in this way.

I have no right to ask the contents of any letter but with humble deference to your Lords.h.i.+p; I have a right to ask this man what pa.s.sed in his own mind, for it does not yet appear that he put it upon paper; if the question had been what have you written to Lord Cochrane? that would have been objectionable, but surely I have a right to ask him what is pa.s.sing in his own mind upon the subject, to know the motives from which this gentleman, of whom I shall speak by and by, comes to speak.

_Lord Ellenborough._ Do you give your evidence from resentment in consequence of having some loan refused to you?

_A._ None individually--none whatever.

_Mr. Bolland._ My Lord, I must object to my learned friend Mr. Serjeant Best getting the effect of a correspondence which was in writing.

_Lord Ellenborough._ He does not refer to it, but one cannot but be conscious after what has pa.s.sed, that all that has ever pa.s.sed about a loan has been in writing, therefore it would be the most ingenuous course to put it in.

_Serjeant Best._ I certainly mean to read this man's letters.

_Lord Ellenborough._ I asked him in the strongest manner possible, do you now give your evidence in resentment for having a loan, or any other benefit withheld from you? You may press that if you please.

_Mr. Serjeant Best._ I will put it in the way your Lords.h.i.+p suggests. Do you not now give your evidence in consequence of your being angry with Lord Cochrane for refusing to lend you money?

_A._ No. So help me G.o.d.

_Q._ Now take care. Do you know a gentlemen of the name of Palfreyman?

_A._ I have met him twice, I think, within this fortnight past.

_Q._ You have no resentment against Lord Cochrane whatever I understand you?

_A._ None whatever.

_Q._ You have never so expressed yourself to Mr. Palfreyman?

_A._ I am persuaded I never have.

_Q._ You never have told Mr. Palfreyman then that you would be his ruin?

_A._ Never.

_Q._ Nothing like that?

_A._ Never.

_Q._ That you would a.s.sist the Stock Exchange?