Part 102

A. Certainly.

Q. By selling for account?

A. Certainly.

Q. You had no directions from either of those Gentlemen to sell more than they had bought that day?

A. No I had not.

Cross-examined by Mr. Richardson.

Q. You stated to my learned Friend that you had bought large quantities of Omnium on account of this Gentleman, had any of it been paid for.

A. Shall I answer that question my Lord?

Lord Ellenborough. If the Witness looks at me I must tell him he need not answer any question that implicates him in a crime.

Mr. Richardson. You decline answering that question?

A. Yes, I do.

Q. You will decline answering any other questions that you think implicate yourself.--Were any of those purchases real purchases for stock transferred, or on account?

A. It was for Omnium--that cannot be transferred.

Q. You spoke of Consols?

A. No this was Omnium.

Q. Was it all bought or paid for, or on account?

A. I decline answering that question.

Q. With respect to the Consols had any of them been paid for or transferred?

A. I had no Consol account.

Mr. Richardson. I will state to your Lordship the object I have in that; I submit it is incumbent upon the prosecutors to prove in support of the allegations of their indictment, which charge a conspiracy for the purpose of enabling Mr. Cochrane Johnstone and the other gentlemen, to sell divers large sums of Government Securities, and so on, that they had an interest in those Government Securities.

Lord Ellenborough. That applies only to the two first counts.

Mr. Gurney. If I leave my case imperfect, my learned friends will take advantage of it.

Lord Ellenborough. It does not apply to the third count, certainly there is a particularity which is quite unnecessary in the others; it states that by certain devices and contrivances they endeavoured to raise the price of the funds, to the prejudice of His Majesty's subjects, to an undue elevation, and so on, there is enough to let in the general evidence.

Mr. Gurney. And there is enough in the first count, independently of the sales.

Mr. Richardson. The first count states this to be to enable these gentlemen to sell Omnium, and Three per Cent. Consols, at larger prices than they would otherwise have sold for; I submit to your Lordship, that in support of that it is for the prosecutors to shew that they had such to sell?

Lord Ellenborough. That will be an observation at the close if they leave their proof imperfect; perhaps I accede to you, but that would only apply to one count, they have six more counts, I do not say that they are all safe counts, but you will see what they propose taking their verdict upon.

Mr. Malcolm Richardson sworn.

Examined by Mr. Gurney.