Part 115

Q. Did you receive any other copies of affidavits purporting to be affidavits of persons of the name of Smith?

A. No, I had no concern whatever with Smith.

Q. Smith and his wife?

A. Certainly not, I know nothing of the printing of them.

Q. Was the Morning Chronicle one of the papers in which you put Lord Cochrane's affidavit?

A. Yes, it was.

Mr. Park. It must not be said to be Lord Cochrane's affidavit, till that is proved.

Lord Ellenborough. He printed something purporting to be Lord Cochrane's affidavit. I have taken it that Lord Cochrane delivered several papers, one purporting to be an affidavit which this witness inserted in the newspapers.

Mr. Park. But when once the expression is used by my learned friend, persons do not get rid of it again.

Lord Ellenborough. If he published it as an affidavit, it is quoad him an affidavit.

Mr. Park. To be sure, my Lord.

Cross-examined by Mr. Serjeant Best.

Q. You have said that he brought this paper to you, giving you directions to have it printed?

A. He wished it to be inserted in the newspapers.

Q. Tell us all that he said to you at the time; did he not at the time when he was giving you directions to print it, say, that if De Berenger was the man, he had given the Stock Exchange the clue to it?

A. After reading the affidavit, his Lordship said "I once saw Captain De Berenger at dinner."

Lord Ellenborough. Was this at the time?

A. Yes; he said "I once saw Captain De Berenger at Mr. Basil Cochrane's--I have no reason to think that Captain De Berenger is capable of so base a transaction, but if he is, I have given the gentlemen of the Stock Exchange the best clue to find him out."

Lord Ellenborough. Did he say what sort of clue he had given?

A. The clue as to De Berenger.

Mr. Gurney. By his affidavit?

A. Yes, that by that he had given them the best clue.

Re-examined by Mr. Adolphus.

Q. When was it this affidavit was given to you?

A. I cannot state the day.

Q. Was it so late as March?

A. No, it must be about the 27th or 28th of February I think, but the newspaper will prove the date; it might be the first or second of March, I cannot speak to that.

Q. Was it not after the 11th of March?