The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 77

_A._ I did on the day of its date, the 10th of February.

_Mr. Joseph Brumfield sworn;_

_Examined by Mr. Gurney._

_Q._ Are you the clerk that paid the check on the 10th of February?

_A._ I am not.

_Q._ Is Mr. Evans here?

_A._ I believe not; I have not seen him.

_Mr. William Smallbone called again;_

_Examined by Mr. Gurney._

_Q._ On the 19th of February 1814, did you draw that check [_shewing it to the Witness_]?

_A._ Yes.

_Q._ For whom?

_A._ For Lord Cochrane.

_Q._ Did you give it to Lord Cochrane?

_A._ I did.

_Q._ For Lord Cochrane?

_A._ Yes.

_Q._ To pay for gains upon the stock account?

_A._ Not gains exactly, but upon the stock account.

_Q._ To whom personally did you give it?

_A._ To Lord Cochrane.

_Cross examined by Mr. Serjeant Best._

_Q._ Was Mr. b.u.t.t in the office at the time?

_A._ Yes, I think he was.

_Q._ Do you recollect whether you gave it into the hands of Lord Cochrane or Mr. b.u.t.t?

_A._ I think into the hand of Lord Cochrane; I feel satisfied in my mind that I gave it to Lord Cochrane and not to Mr. b.u.t.t.

_Q._ If you gave it to Lord Cochrane, did you see Lord Cochrane hand it over to Mr. b.u.t.t?

_A._ No, I cannot say that I did.

_Q._ Have you no recollection one way or the other?

_A._ No.

_Q._ Nor is your recollection very distinct whether you gave it to one or the other?

_A._ I have no reason to think I gave it to Mr. b.u.t.t.

_Q._ Mr. b.u.t.t frequently acted for Lord Cochrane?

_A._ Not with me.

_Lord Ellenborough._ Do you believe you gave it to Lord Cochrane?

_A._ I do, but I am not certain whether I laid it before him upon the table, or gave it into his hand.

_Lord Ellenborough._ You presented it to him, and gave it into his reach, so that he might take it?

_A._ Yes.

_A Juryman._ You charged him with it in account?

_A._ Yes, I did.

[_The check on Messrs. Jones, Loyd & Company, dated the 10th of February 1814, for the sum of_ .470. 19_s._ 4_d._ _was read._]

_Edward Wharmby sworn;_

_Examined by Mr. Gurney._

_Q._ Are you clerk to Jones, Loyd & Company?

_A._ Yes.

_Q._ Look at that check [_handing it to the Witness_] did you pay that check?

_A._ Yes, I did.

_Q._ On what day?