Part 232

Upon his cross examination, he says, I have known Mr. De Berenger a long while; he is a man of considerable science and attainments; he had been for a considerable time before employed in drawing plans for the Ranelagh. Mr. Cochrane Johnstone has a house in Alsop's Buildings, and about an acre of land behind it, which was to be converted into something upon the plan of the old Ranelagh. As far as I have seen, I believe Mr. De Berenger to be a man of honour and integrity; I saw nothing but the most perfect gentleman during the time I lodged under the same roof.

William Carling says, "I am servant to the Honourable Basil Cochrane. Mr. Cochrane Johnstone and Lord Cochrane visited at my master's house, in company with Baron De Berenger, the gentleman there," pointing to him. "De Berenger came there to dine as a visitor; he was invited by my master. Lord Cochrane and Mr. Cochrane Johnstone dined there with him once, did not the second time; they appeared to be acquainted with him."

Then, on cross-examination, he is asked, when this took place, he says, "In January the first time, and the next in February. I cannot say the precise day; there was a dinner party, four or five there. Sir Alex. Cochrane and his Lady there the first time; an indiscriminate mixture of company, De Berenger was one of them. I did not learn that Mr. De Berenger was going to serve in America."

Barnard Broochooft, Clerk to the Marshal of the King's Bench, is next called. He says, "I know Captain De Berenger. He has been a prisoner in the King's Bench prison from the latter end of the year 1812, to within a month or six weeks of the present time; he had the Rules. I missed him for some months. Mr. Cochrane, a bookseller in Fleet-street; and Mr. Tahourdin the solicitor, were his securities for the Rules: they entered into this surety nearly two years ago. I cannot recollect seeing him on the morning of the 21st of February. The security was under L.400; they generally take L.100 beyond the amount of the debt and costs." So that it appears he was not very heavily charged in debt at that time; however, his debts might be, as supposed by Lord Cochrane, L.8,000.

Joseph Wood, the Messenger of the Alien Office says; "I left London on the 4th of April, in order to find De Berenger. I found him at Leith, on the 8th of April; I found him in possession of a writing desk, containing papers and bank notes; before I parted with any of them I marked them before the Grand Jury; there were guineas and half guineas, and two Napoleons in the pocket book." He produced two packets, and a pocket-book containing a L.50 bank note, four L.5 notes, and two Napoleons in a pocket-book. He also produced a memorandum-book, and a paper of memorandums, and a road-book. A memorandum is shewn to Mr. Lavie, which he says he believes to be Mr. De Berenger's hand writing.

Mr. Wood says, on his cross examination, "I carried the box and the papers before the Grand Jury, by orders of the Secretary of State. I was subpoenaed to bring it before the Grand Jury; the seals put on at Edinburgh, were taken off by order of the Secretary of State, before I went before the Grand Jury; it has been in my possession ever since I took it at Edinburgh. When I went to Holland, in my absence, Mr. Tahourdin wished to see it, and Mr. Musgrave opened it for him; the seals had been opened before that time. I was absent about a week or ten days. I was present all the time it was before the Grand Jury; it was locked up with all its contents; when I went out I locked it, and left it upon the jury table; I had the key; I was present when Mr. Lavie and Mr. Wakefield, and another gentleman of the Stock Exchange were with Mr. De Berenger the day he arrived. I was present the greatest part of the time. Mr. Wakefield went very close to Mr. De Berenger, and I declare I do not recollect any particular words; he put some questions respecting the Stock Exchange. I did not hear any names mentioned. I remember the word information, that they wanted information, but that is all I recollect. Mr. De Berenger said he was unwell, and exhausted by his journey. Mr. Wakefield conversed with him about ten minutes; I put my marks upon these things before I went to Holland." So that his going to Holland is immaterial, for his marks put upon them before he parted with them, identify the bank notes, and the bank clerks say they gave them in exchange for other notes.

Mr. Fearn is shewn a check of the 5th of February; he says, "I gave that check to Mr. Butt on the day of its date." That was afterwards attempted to be proved, but it came, I think, to nothing.

Mr. Smallbone says, "On the 10th of February I drew that check, which was a check for L.470. 19. 4. I drew it for Lord Cochrane; I gave it him on some stock account; I think Mr. Butt was in the office at the time; I feel satisfied I gave it to Lord Cochrane, and not to Mr. Butt; I did not see him hand it to Mr. Butt; I presented it to him on the table, that he might see it." The check is then read, it is upon Messrs. Jones, Loyd & Company, dated the 19th of February, very shortly, that is on the Friday before the Sunday on which this person must have departed from town, it is payable to No. 119 or bearer, and is signed William Smallbone.

Then Edward Wharmby says, "I am a clerk to Jones, Loyd & Company. I paid that check on the 19th of February, in one L.200 note, two of L.100 each, and a L.50.; the L.200 note was No. 634, the L.100 notes were, one No. 18,468, and the other 16,601, and the L.50 note was No. 7,375."

Then to shew that Lord Cochrane dealt with the produce of this check as his own, Thomas Parker, the coal-merchant of Lord Cochrane, says, "I received in payment a bank note of L.50 from Lord Cochrane, which is this very note, the number of which is 7,375; I wrote on the back of the note, and that is my hand-writing." Therefore it appears that this check, which was drawn for Lord Cochrane, was in the first instance for his benefit; for L.50 of it went to his coal merchant, and the other notes appear to have come to him, or to Mr. Butt, and the produce is afterwards found at a very critical period in the hands of this person, De Berenger, seized after he had gone from London. The check itself is the 19th of February; the money is found in this desk after he had gone off.

Then the bank notes of L.100 each are shewn to Mr. Lance; he says, "On the 24th February I went to the bank to change some bank notes for smaller notes, by the desire of Mr. Butt;" the notes were shewn to him, and he says, "those are the notes," I received two hundred notes of L.1 each for them.

Upon his cross examination, he says, "I remember on the 15th of February Mr. Butt lending Lord Cochrane L.200;" but on examination, it turns out that he only heard it, and did not see it lent. "I went with this check to get the money to Jones and Loyd's, I gave the notes of L.100 each to Lord Cochrane, I was not present when Lord Cochrane paid those notes back to Mr. Butt, I received those notes from Mr. Butt afterwards, and it was by Mr. Butt's desire I changed them for small notes at the bank." Then he says, "I advanced L.450 to Lord Cochrane, as clerk to Mr. Smallbone; when he had got this check for L.450 he wanted L.200 more; Mr. Butt was not present. I do not know when Lord Cochrane gave these two L.100 notes to Mr. Butt, which by Mr. Butt's desire I took to the bank."

John Bilson and Thomas Northover, who are clerks in the bank, are shewn the two notes of L.100 each; Bilson says, these two notes were sent for payment in the bank on the 24th of February: I have the book here in my own hand-writing, they were paid in L.1 notes, and he specifies the number of each; we have looked over the notes in De Berenger's trunk before the grand jury; here are forty-nine, part of the two hundred.

Thomas Christmas says, "I am clerk to Mr. Fearn; I remember being sent on the 24th of February to change a note for L.200; I went to Messrs. Bond and Co's.; that is the note I gave; I received two notes of L.100 each; I then took those two notes to the bank, and changed them for two hundred notes of L.1 each; I gave them to Mr. Fearn; I did not see what Mr. Fearn did with them; I put Mr. Fearn's name upon the two L.100 notes before I gave them in at the bank." Mr. Miller, a bank clerk, produced the two L.100 notes, and Christmas says, "Those are the notes."

Mr. Fearn says, "On the 24th of February I received from Christmas two hundred notes of L.1 each; I gave them to Mr. Butt, and he gave them to Mr. Cochrane Johnstone."

Bilson and Northover, the bank clerks, say, "That on the 24th of February they paid to Fearn two hundred L.1 notes, for two notes of L.100 each." Then they are shewn sixty-seven of the notes of L.1 each, found in De Berenger's writing desk, and they say those are part of the notes they paid to Fearn on the 24th of February.

Then Wood produces a box and two watches.

Bishop Bramley is called; he says, "I am a watchmaker and silversmith living at Hull," (the watches were shewn to him); "I never sold this watch or that, but I sold a watch to the gentleman who sits there for L.30. 19s. 6d. on the 4th of March, and he paid me in L.1 bank notes; I put my own initials upon them, I should know them again;" [Miller having produced some notes to the witness], "all those seven notes I received of the person I sold the watch to; I put my initials and the date upon them; we took no other Bank of England notes on that day; I received twenty in the forenoon, and the other eleven in the afternoon; and I marked them, and paid them away the same afternoon."

Bilson and Northover are shewn the seven notes; they say those seven notes were part of the two hundred notes we paid to Fearn, on the 24th of February.

Lance says, "On the 26th of February, I gave Mr. Butt a check on Prescott & Co. for L.98. 2s. 6d. that is the check."

Isherwood, a clerk to Prescott & Co. says, "I paid that check, I think on the date of it, the 26th of February 1814," just before the time when De Berenger went off, "in a L.50 bank note, No. 13,396, and a L.40 note, No. 6,268." A L.40 note and a L.50 are shewn to him, to each of them he says, "that is the note."

John Seeks is shewn a cancelled bank note of L.50; he says, "I gave change for it, I cannot exactly recollect the day; here are some letters on the back that I know it by; I gave change for it to Mr. De Berenger's servant, Smith."

Now there we stopped last night, upon that note, because it could not be proved that Smith, De Berenger's servant, paid it for his master; this morning it is proved by Smith, that he did pay that L.50 bank note to Seeks, by desire of Mr. De Berenger, therefore that L.50 is fixed upon him as drawn from the same source, namely, the bank note which had come from Mr. Butt.

A memorandum in Mr. De Berenger's book, written in pencil, was referred to by the counsel, "W.S. L.50." Mr. Lavie says, "I never saw any writing in pencil of Mr. De Berenger's, but I believe this to be his writing, it is exactly the same sort of character as the other."

Benjamin Bray is called, he says, "I live at Sunderland;" he is shewn a L.40 note, he says, "I received it from the waiter of the Bridge Inn, at Sunderland; I had seen Mr. De Berenger at Sunderland, previous to that; I gave the waiter six L.5 notes, and ten L.1 notes for it, of the Durham Bank. Mr. De Berenger came shortly after to my house, to take his leave of me: I am a druggist, and agent to the Durham Bank. From the 17th to the 21st of March, I had known of his being at Sunderland; the waiter had come requesting bank paper. I made an apology to Mr. De Berenger for not sending him more bank paper in change, and he acknowledged having received the whole of the notes I had sent from the waiter; he went by the name of Major Burne."

Then, on cross-examination, he says, "I know that L.40. note, by the copy I made of it in my waste-book"--he had not the waste-book here, but he says, "I know it also from my initials on the back of the note, made a day or two afterwards, when it was fresh in my recollection. I did not keep it distinct from my other notes, but I marked it between the 31st of March and the 4th of April; but" (what is more material) "I generally do not put my initials on bank notes, but I did on this; I had no other L.40. note at the time, and have had no other since;" so that that L.40. bank note is proved likewise.

Mr. Pattesall says, "I am a partner in the house of Bond & Co. I did not pay that check of Mr. Fearn's, it was paid by Mr. Evans, a clerk of ours." That person of the name of Evans never came, and was called on his subpoena.

They then produced two Napoleons, found in the pocket-book of De Berenger, and with that they closed the evidence on the part of the prosecution.