Part 5

Gentlemen, my proof does not end there. If Mr. De Berenger was the hired agent of these persons, for the purpose of committing this fraud, what would you expect?--why that after they had used him they would pay him and send him away.--I will prove to you, that they did so pay him, and that they did send him away.

You have learned from these affidavits of the Smiths, (which so far are true,) that on the evening of Sunday the 27th, (which was the Sunday after he was at Dover,) he quitted his lodgings, and was seen no more. Who do you think was his visitor on Saturday the 26th?--Mr. Cochrane Johnstone. On Saturday the 26th Mr. Cochrane Johnstone came to his lodgings, and left a letter for him; that letter, no doubt, hastened his departure, and off he went. He was taken at Leith, and there were found in his possession certain books and papers and bank notes; these bank notes Mr. De Berenger has desired to have returned to him. The prosecutors thought that one bank note for one pound was as good as another bank note for one pound; and in order that Mr. De Berenger might not complain of being cramped in pecuniary matters, they gave over to him notes of corresponding value. But that does not satisfy Mr. De Berenger; he wants the very identical notes taken from him; he has contracted an affection for them I suppose, on account of their having been his travelling companions. They were his solace in a long journey, and the support to which he looked in future in a foreign land. What harm can these notes do to Mr. De Berenger?--He is much too deeply implicated in this to make the presence or the absence of these notes of the least consequence to him. Who can be so blind as not to see, in the pretended anxiety of Mr. De Berenger for these notes, the real anxiety of his fellow conspirators; who having made him their instrument in the fraud, wish to make him their instrument in the destruction of the evidence.

Gentlemen, there have been differences of opinion on the subject of Bank Notes as a circulating medium, but there can be no difference of opinion as to their being most admirable detectors of fraud. I have these Bank Notes here, and you will find that the fears of these Defendants are well founded, for they furnish conclusive proofs of their guilt. I will read to you first, however, a memorandum of Mr. De Berenger's, in a little book, which was found in his letter-case; from this he appears to have written on the 1st of March, a letter to "C. J." which I take to be Cochrane Johnstone; there are other initials mentioned in the same page, as "W. S." which I take to be his servant, William Smith; and "G. T." which I presume to be Gabriel Tahourdin, his attorney.

The name of Mr. Tahourdin reminds me of something which I had forgotten to mention. The sureties for Mr. De Berenger keeping within the Rules of the Bench, were a Mr. Cochrane, and Mr. Gabriel Tahourdin, his attorney, and also the attorney of Mr. Cochrane Johnstone, they were bound in a penalty of four hundred pounds for Mr. De Berenger keeping within the Rules of the King's Bench, Mr. De Berenger absconded and left them liable to the penalty of their bond; and I cannot sufficiently admire the good nature of Mr. Gabriel Tahourdin, who not only has forgiven him for leaving him in the lurch, but actually defends him to-day, and is also one of his bail on this indictment.

Gentlemen, there are some parts of this memorandum which I cannot interpret; perhaps Mr. Cochrane Johnstone will give us the letter, and that will supply the explanation. It begins, "To C. J. by March 1st, 1814, L350, L4 to 5000, assign one share of patent, and L1000 worth shares of Mr. De Beaufain, at Messrs. H. to their care." Now comes the important part; I should tell you, Gentlemen, that Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, allege that their gains were not quite so great as the Committee of the Stock Exchange estimate them to have been. They say, that the gains of the three were but L6500, of which Lord Cochrane's share was L1700, and Mr. Cochrane Johnstone's and Mr. Butt's were L4800. Mr. Butt was the person who transacted the business, being more a man of figures than the other two, and acting as their agent, he had rendered his account to Mr. Cochrane Johnstone; and it should seem as if Mr. De Berenger's compensation was a per centage upon their gains, for he writes thus: "Believe, from my informant, L18,000, instead of L4800;" he thinks their profit was four times as much as they say; "Suspicious that Mr. B." who can that be except Mr. Butt? "does not account correctly to him as well as me--determined not to be duped--no restrictions as to secrecy, requesting early answer."

These are evidently the heads of a letter which he has written to Mr. Cochrane Johnstone. There are other notes of letters to Mr. Tahourdin and William Smith, giving directions, which plainly indicate that he was a man quitting this country never to return.

Gentlemen, there were found I have told you, certain bank notes, and a memorandum book, and you will find in this memorandum book there are the figures 450 and 90 summed up together, making L540. You will find that he must have received about that sum from Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt, he accounts here for the expenditure of a considerable part of it, and as you go along with me, you shall be able to account for it: so here is W. S. that is William Smith, L50, W. S. again, L20 and so on, with names and sums altogether amounting to L163, and then there is a statement of expences on his journey: he appears from both to have had in his hands L540. From whom do you think he had it? From his associates in this transaction, Lord Cochrane, Mr. Cochrane Johnstone, and Mr. Butt; we have traced the notes up to every one of them. I shall be enabled to shew these persons actually paying him this very money, and when? Between the time of his transaction and his absconding. I will shew you that Mr. Fearn on the 10th of February, drew a check on Bond and Company for L56 5s. payable to Mr. Butt, that that was paid partly in a fifty pound bank note, that bank note was found in the possession of Mr. De Berenger when he was taken at Leith. On the 16th of February, Mr. Smallbone drew a check on Jones, Loyd, and Company for L470. 14s. 4d. made payable to a number, but actually given by him to Lord Cochrane, that was paid in a two hundred pound note, two one hundred pounds, a fifty pound, some small notes, and the fraction in cash. The two hundred pound note was by order of Mr. Butt, exchanged by Christmas (a Clerk of Fearn's) at Bond's, on the 24th of February.--Mark the day, Gentlemen, the Thursday after this fraud, for two L100 notes, those two L100 notes this same Clerk of Mr. Fearn's carried to the Bank, exchanged them for two hundred notes of one pound each, brought them back and gave them to Mr. Fearn, who put them into the hands of Mr. Butt; and, as if these persons had been anxious to link themselves to each other inseparably, Mr. Butt, in Mr. Fearn's presence, handed them over to Mr. Cochrane Johnstone. Gentlemen, of these two hundred notes, I will shew you that eleven were passed at Hull, Mr. De Berenger having been at Hull at that time; that seven were paid by him at Hull, that seven more have come into the bank from that country, marked with De Berenger's name, and that sixty-seven of them were found in Mr. De Berenger's writing desk at Leith.

Gentlemen, I told you that there were two other notes for L100 each. At the same time that Christmas went to the Bank on the 24th, Mr. Lance, who was another of their Agents, went to the Bank, and immediately after Christmas (for the numbers follow each other in the Bank Books) for the other two notes of L100 each, he got two hundred notes also of one pound each, and he gave them to Mr. Butt. Gentlemen, of those two hundred notes, forty-seven have come into the Bank with De Berenger's name upon them, and forty-nine more of them were found in Mr. De Berenger's writing desk. I mentioned to you that another note given in payment of this check to Lord Cochrane, was one for fifty pounds,--that Bank note of fifty pounds, I will prove Lord Cochrane himself paid away to his own coal merchant.

Then, Gentlemen, there is another check paid the 25th of February, 1814, on Prescott and Company by Lance, for L98. 2s. 6d. made payable to Mr. Butt, this was paid in a Bank note for fifty pounds, another for forty pounds, and the remainder in small notes. In the memorandum book, there is an entry to S. L50 importing that he had given to Smith L50. I will prove that Smith paid to Mr. Seeks that same note for fifty pounds, and the forty pound note I will prove that De Berenger paid at Sunderland to Mr. Bray, the rest we are not able to trace: add these sums together, they amount to the L450, and the L90, the very figures entered in Mr. De Berenger's memorandum book, which memorandum book was found in his writing desk when he was taken. Gentlemen, when I thus shew De Berenger, who quitted London on Sunday the 27th of February, having accomplished this fraud on Monday the 21st, thus possessed of notes of this large value, in this great number, which were in the hands of these Defendants on Thursday the 24th; are you not just as certain that he received those notes from these Defendants as a reward of his criminal service, as if you had been yourselves by, seen the notes paid, and heard the reason assigned for which they were paid.

It was stated in the Newspapers, that some of the notes found on De Berenger, had been in the hands of Mr. Butt, upon which Mr. Butt directly addressed this letter to the Morning Chronicle, which appeared on the 18th of April. "Sir, Having read in several papers, a paragraph mentioning that Bank notes were found in the trunk of Captain De Berenger, which were in my possession, and were paid to me by Mr. Fearn, one of my Stock brokers, I think it proper in answer thereto, to say, that as the circumstances will be more fully discussed at a proper period, your astonishment will cease to exist when you see in what manner Captain De Berenger became possessed of the notes in question." Then Mr. Butt knows in what manner De Berenger became possessed of these notes, I call upon Mr. Butt to tell you how they came into De Berenger's possession; my learned Friends will hereafter have to inform you. And, Gentlemen, you will require something more than my Friend's statement, for the statement of Counsel you know, is from the instructions of the Client, and the instructions of the Client may deserve no more credit than a voluntary affidavit. I call upon Mr. Butt to shew that by evidence, and if he does not shew you that those notes came into the hands of De Berenger from some other quarter, for some other reason as a reward for some other service, it is impossible for you to resist the conclusion that they were the reward of De Berenger, for the guilty services which he rendered in this fraud; and if so, it was a reward from Lord Cochrane, it was a reward from Mr. Cochrane Johnstone, it was a reward from Mr. Butt, they are one and the same, there is an identity between these three persons that hardly ever existed, they have but one mind, they are inseparably connected.

Gentlemen, I have to apologize to you for having in this large mass of matter omitted one thing, I stated that I should prove to you that Mr. Cochrane Johnstone had called at the house of De Berenger the day before he finally went off, I shall prove that by Mrs. Davidson, with whom De Berenger lodged, and I shall, by her evidence and that of her husband, falsify the Smith's affidavits, for I will shew by them that on the night in question De Berenger slept out, and that the fact of his sleeping out was known to Smith and his wife, who have made the affidavits.

Now, Gentlemen, it appears to me that I have done a great deal more than sufficient to prove these persons guilty, but they are never contented with giving evidence against themselves; upon the arrival of De Berenger in London they began to apprehend that the hour of detection drew near, and that they must strike a bold stroke to ward off the blow, and on the 12th of April, Mr. Cochrane Johnstone writes a letter to the Chairman of the Committee of the Stock Exchange which I will read to you--"Sir, I have this moment received a letter, of which the inclosed is a copy, and lose no time in transmitting it to you, for the information of the Gentlemen composing the Stock Exchange Committee; from the bearer of the letter I am given to understand that Mr. Macrae is willing to disclose the names of the principals concerned in the late hoax, on being paid the sum of L10,000, to be deposited in some banker's hands in the names of two persons to be nominated by himself, and to be paid to him on the conviction of the offenders. I am happy to say that there seems now a reasonable prospect of discovering the author of the late hoax, and I cannot evince my anxious wish to promote such discovery more than by assuring you that I am ready to contribute liberally towards the above sum of L10,000 and I rest assured that you will eagerly avail yourselves of this opportunity to effect the proposed discovery, and an object you profess to have so much at heart, by concurring with me in such contribution, I have the honor to be, Sir, your obedient humble Servant, A. Cochrane Johnstone." And then there is Mr. M'Rae's letter inclosed, addressed to Mr. Cochrane Johnstone. "Sir, I authorize the bearer of this note to state to you that I am prepared to lay before the public the names of the persons who planned and carried into effect the late hoax practised at the Stock Exchange the 21st of February, provided you accede to the terms which my friend will lay before you, I am, Sir, your obedient servant, A. M'Rae." Mr. M'Rae's friend must have been the bearer of some message, for you observe that Mr. Cochrane Johnstone's letter states more than Mr. M'Rae's letter offers, Mr. Cochrane Johnstone does not receive an answer, and that he considered as very ill treatment. Six days afterwards he writes another letter, "Sir, I have to request that you will be so good as to inform me what are the intentions of the Stock Exchange on the subject of the letter which I addressed to you, relative to the proposal of Mr. M'Rae; Lord Cochrane, Mr. Butt, and myself are willing to subscribe L1,000 each, in aid of the L10,000 required by Mr. M'Rae."

Gentlemen, these letters call for more than one observation; I cannot forbear to make one upon the term which Mr. Cochrane Johnstone employs to describe this transaction--"A HOAX," a mere joke, a matter of pleasantry. Gentlemen, a young, a giddy, an unthinking and careless man, who had no concern in the transaction, and who had never been suspected to have had any, might perhaps, in conversation, make use of that term; but Mr. Cochrane Johnstone is not young, he is not giddy, he is not unthinking, he is not inexperienced, he has seen much of the world, he is a cautious man, he is a man of high and noble family, he knows that he is suspected of having been a party in this transaction, and yet he calls it a HOAX! I beg to know what word in Mr. Cochrane Johnstone's vocabulary is to be found to express FRAUD? I presume he would call obtaining money by false pretences, an indulgence of the imagination, and playing with loaded dice, a mere exercise of ingenuity. Is it possible for any innocent man, situated as Mr. Cochrane Johnstone then was, to describe this foul fraud by the name by which Mr. Cochrane Johnstone here describes it? But, Gentlemen, look at the proposal itself; what must Mr. Cochrane Johnstone have thought of the Stock Exchange Committee? surely he must have thought that they were selected for their extraordinary gullibility, when he made this proposal to them. Undoubtedly they would have had no objection to the assistance of an accomplice, but it must not be an accomplice chosen by his associates. No, Gentlemen, an accomplice chosen by his associates is not chosen to divulge, but to suppress the truth. I should have thought that Mr. M'Rae, knowing that they had complete proof against him--which had been obtained at a cheaper rate than L10,000 might have made a more moderate proposal. I should have thought that impunity for himself, which is the common price of an accomplice, would have been sufficient to have had the evidence of Mr. M'Rae, but Mr. M'Rae's price is ten thousand pounds; his worthy companions are willing to contribute three--that is, they will give him three thousand, and will obtain for him seven thousand more; and I have no doubt, that if the offer had been accepted, Mr. M'Rae would very honestly have earned the whole, and have duly recollected to whom he was obliged for it.

Gentlemen, when Lord Cochrane, a few years ago, was preparing for an attack upon the French fleet in Basque Roads, suppose the French admiral had sent this letter to him:--Sir, You are preparing to attack me to-morrow, the bearer is the best pilot on our coast, I should be sorry that you should run upon a rock, he will pilot you safely, do but accept his services; but as his skill is great his price is high--he requires ten thousand pounds; but so anxious am I for the success of your enterprize, that I will give him three if you will but give the other seven.

Gentlemen, this is the modest proposal which Mr. Cochrane Johnstone makes to the Committee of the Stock Exchange; and when he has so done he affects to be extremely angry that the Committee do not accept it.--Gentlemen what can be said more; what men would have resorted to this expedient but men who felt that they were on the eve of detection, and who tried this desperate expedient to see whether they could ward it off.

Gentlemen,--I believe I have now arrived at the end of my long trespass upon your attention. Survey the whole of these transactions. You find that the principals,--those who were to benefit above all others, were the Cochranes and Butt; Holloway in a smaller degree, but still not slightly;--De Berenger the principal agent;--the others, subordinate agents, who could have done nothing unless the foundation had been previously laid by De Berenger, in the character of the officer from Dover; his news had had its effect upon the funds even before the second arrived. Though it cannot be shewn, as in many cases it cannot, that these parties met and conferred and assigned to each his respective part, yet if you find a coincidence in object, and a coincidence in time; if you find the mode of execution precisely the same, is it possible to doubt that these underplotters were the agents of the great conspirators;--That the great conspirators were the authors of the plan, and that the others were executing their subordinate part?

Gentlemen, I have given you the best assistance in my power to understand and apply the evidence which will be laid before you. They whom I represent, have no wish but that justice should be done; they have investigated this subject with great care, with great assiduity, with great diligence, with great anxiety. They have had no personal difference with any of these defendants; they have never come in collision with them, to have the smallest possible difference; they have no wish but justice, and I am sure that at your hands they will attain that justice; and your verdict to day, (which I am sure after you shall have heard the whole of this case, will be a verdict of guilty,) will be a most salutary verdict:--It will shew the world that as there is no man beneath the law, so there is no man above it. It will teach evil minded persons, the absurdity of expecting that schemes of fraud can be so formed as to provide for all events. It will teach them that no caution can insure safety: that there is no contrivance, that there is no device, no stratagem, which can shield them from detection, from punishment, and from infamy.

EVIDENCE FOR THE PROSECUTION.

John Marsh sworn.

Examined by Mr. Bolland.

Q. I believe you keep the Packet Boat public house at Dover?

A. I do.

Q. Was your attention called to any thing early on the morning of the 21st of February?

A. No more than a gentleman was knocking at Mr. Wright's door of the Ship Inn, at Mr. Wright's fore door.

Q. What time?

A. Some time about one, or a little after one, between one and a quarter after one.

Q. Did you go out upon hearing that?

A. I did.