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.

Q. Did you take any light with you, or did you go without one?

A. I went without a light.

Q. Upon going out whom did you find at Mr. Wright's door?

A. Some gentleman there.

Q. What was his appearance?

A. He appeared to be a gentleman.

Q. What was the appearance of his dress?

A. He had on a grey greatcoat and a uniform coat under it.

Lord Ellenborough. Was there light enough by the moon or the stars for you to see this?

A. After I got to the door, I called to a gentleman in my house to bring two lights across, when I had the two lights, the gentleman was in the passage.

Mr. Bolland. Do you mean the gentleman you had seen at the door?

A. Yes; he had a star on his red coat.

Lord Ellenborough. That coat you describe as a uniform coat, was a red coat?

A. Yes it was.

Mr. Bolland. That was under the great coat?

A. Yes.

Q. Will you look at this star, (shewing it to the witness,) and tell me whether it was like that?

A. That I cannot tell, it was something similar to that.

Q. Had he any other ornament?

A. Not to my knowledge.

Q. Did you say any thing to him or he to you?

A. He was very anxious for a post chaise and four.

Q. Did he apply to you for that?

A. No not to me in particular.

Q. Who had come down to him?

A. The porter at the Ship.

Q. Had you any conversation with him?

A. He wanted an express horse and a man to send to the Admiral at Deal.

Q. Did all this pass in the passage, or had you proceeded further?

A. It passed in the passage.

Q. Did he proceed into the house?

A. I asked him where he came from, and he told me he was the bearer of the most important dispatches that had been brought to this country for these twenty years; I asked him where he came from; he told me from France. I asked him where he landed, he told me on the Beach, and he begged of me to get a post chaise and four for him; and then I went and called Mr. Wright of the Ship Inn; after I came down from calling Mr. Wright, he wanted pen, ink, and paper.

Lord Ellenborough. He went into the Ship Inn, did he?

A. I shewed him into a room of the Ship Inn. As soon as Mr. Wright came down stairs, Mr. Wright gave me a sheet of paper, and pen and ink, which I carried into the room. I gave it to him, and he began to write upon it.

Q. You saw him write upon it?

A. I did. He called for a bottle of Madeira, and something to eat. I asked him whether I should call the collector of the port; I told him that it was his business to see such people when they landed; he made answer to me, that his business did not lie with the collectors; then Mr. Wright came to him, and I had no more conversation with him.

Mr. Bolland. You say two candles were brought to you?

A. Yes.

Q. Where were those candles placed?

A. On the table where he was writing, one on each side of him.

Q. Had you an opportunity from the situation of them of observing his person and face?

A. Yes, I think that is the person, (pointing out Mr. De Berenger.)

Mr. Gurney. I will thank Mr. De Berenger to stand up.

Mr. Park. Not unless his Lordship desires it he need not stand up.

Lord Ellenborough. He will make his election whether he will stand up or not.

Mr. Park. He is not to be shewn about like a wild beast as he has been.

Mr. Bolland. Who else was there?

A. A gentleman of the name of Gourley, and another of the name of Edis.

Q. Did you see another person there of the name of St. John?

A. I did not know him, they say there was such a person there.

Q. Was there another gentleman in the house?

A. Yes there was.

Q. Did you go away or remain with him?

A. I went to get the horses ready for him with all possible dispatch.

Q. Did you see him get into the chaise?

A. I saw him after he was in.

Q. Did any thing more pass in your presence?

A. No more than that he told the two postboys he would give them a Napoleon each.

Q. Did you observe how his head was dressed?

A. He had a German cap on with a gold fringe on it or silver; I did not pay that attention to it to say which, it had gold lace round the bottom part of it.

Q. Was it such a coat as that, (shewing a grey coat to the witness.)

A. Yes, such a color as that.

Q. And such a cap as that, (shewing a fur cap to the witness?)

A. Such a cap; but whether that was the cap I did not pay attention.

Q. Have you told his Lordship all that you saw and heard?

A. Yes.

Q. Did he tell you how he got to the beach?

A. No, he told me he landed on the beach.

Cross-examined by Mr. Park.

Q. What are you to this Ship Inn, I do not quite understand?

A. I live opposite.

Q. Are you any way connected with the Ship Inn?

A. Not in the least.

Q. How came you, hearing a knocking at Mr. Wright's Ship Inn, particularly to get up?

A. I was up.

Q. What had you to do with the Ship Inn, that because a man is knocking at the Ship Inn door you light candles at your house and carry over?

A. I went across to see who the gentleman was.

Q. Merely curiosity?

A. Mere curiosity.

Q. And from the same spirit of curiosity you lit two candles and brought them over to the Ship Inn?

A. I told a person to bring them over.

Q. Was it very beautiful moonlight that night?

A. No it was not moonlight.

Q. Was there any moon that night; had there been that night at all?

A. I did not pay that attention to the night to say.

Q. It was beautifully starlight I suppose.

A. I do not know, I did not pay that attention.

Q. Was it a foggy night?

A. That I did not look after.

Q. You will see by the Almanack it was new moon the night before; you did not observe whether it was moonlight, starlight, or foggy?

A. No.

Q. You found he had got into the passage of the house when you got the candles?

A. Yes.

Q. Who let him in?

A. The boots.

Q. Did you see him?

A. Yes in the passage.

Q. How long did you converse with him about the news that you say he said was greater than had ever been heard of for these twenty years from France? All that passed in the passage?

A. Yes.

Q. How long a time might you be in the passage?

A. Not longer than five minutes before I went to call Mr. Wright.

Q. Do you mean you were with him only five minutes before you went up stairs to call Mr. Wright, or altogether?

A. Altogether I suppose about that, I cannot speak to a minute; but he was in great haste to get away.

Q. How long do you think this person was altogether at Mr. Wright's?

A. I should think not more than twenty minutes.

Q. Where were the candles all this time you were in the passage with him?

A. I had them in my hand.

Q. What did you do with them when you went up to Mr. Wright?

A. I left them with him in the parlour; boots got me a candle.

Q. You held the candles in your own hand while you remained in the passage?

A. Yes, while the boots unlocked the parlour door, and I went and put them on the table.

Q. Before you went up stairs?

A. Yes.

Q. Had the person who you say was this gentleman gone into the parlour before you went up stairs?

A. Yes he had.

Q. I take for granted when you came down stairs and Mr. Wright got the paper you did not go in again?

A. No; he wished me gone, and I did not go in again.

Q. Then altogether, except for seeing him for five minutes in the passage, and you going into the parlour for the short time you did, and afterwards when you saw him in the post chaise, and when he offered the postboys a Napoleon each you did not see him?

A. No.

Q. You had nothing to do personally with this inn called the Ship?

A. No, I keep the Packet Boat opposite.

Q. Do you know whether there had been a large company at the Ship Inn that day?

A. I do not know.

Q. You had not seen Mr. Wright the innkeeper late in the evening of that day, had you?

A. No.

Q. Had you ever seen this person who you say is the gentleman sitting before me before that time?

A. Not before, nor yet since, till to-day.

Q. And from this slight observation of him, which you have described, you take upon you confidently to swear that this person sitting before me is the man?

A. Yes.

Q. Never having seen him before nor again till this day?

A. I am very well satisfied.

Q. You are very easily satisfied I see; were you ever examined upon this subject before?

A. Mr. Stowe, the collector—

Q. I do not ask as to Mr. Stowe, but were you ever examined in London before?

A. No, never.

Q. Mr. Stowe is the only person who has examined you upon this subject till my learned friend has done it now, and I cross-examine you?

A. Yes.

Re-examined by Mr. Bolland.

Q. Before you sent for the lights, had the gentleman told you what his business was, and that he had landed from the Beach?

A. He told me before I sent for the lights; I was in the passage with him at the time till the lights came.

Q. Was your attention particularly called to him as a stranger of some importance?

A. Undoubtedly.

Q. You have said you had not seen the person before whom you have pointed out?

A. No.

Q. Did any body suggest to you that that was the person when you saw him?

A. No, it was by myself in the hall.

Q. Did you know him when you saw him?

A. The instant I saw him.

Q. Had you the least doubt upon your mind of his being the man?

A. Not the least.

Thomas Worthington Gourley sworn.

Examined by Mr. Bolland.

Q. You are a hatter at Dover I believe?

A. I am.

Q. Were you at Mr. Marsh's, the Packet Boat, on the morning of the 21st of February?

A. I was.

Q. Was your attention called to any thing in particular on that morning?

A. Yes it was, after Mr. Marsh went out first and called for lights, I took two candles and went across with him to the Ship.

Q. On getting to the inn what did you perceive?

A. I perceived a gentleman in a grey coat, a pepper and salt coloured coat, more properly speaking.

Q. Look at that coat, and tell me whether it was like that?

A. Something similar to that.

Q. Did you remark any other part of his dress?

A. Not at that time.

Q. Tell us what passed when you went over?

A. Mr. Marsh asked me to go and call the ostler up, and tell him to get a post chaise and four immediately.

Q. Had the stranger said any thing in your presence?

A. Not at that time.

Q. Did you do so?

A. I did.

Q. Did you return back again?

A. After some considerable time—I was sometime in getting the ostler up.

Q. Where did you find the stranger on your return?

A. I found him in the parlour.

Q. Were there any lights in the room?

A. There were.

Q. How were the lights placed with reference to him, and what was he doing?

A. There were two candles on the table, the gentleman was walking about, he had got a uniform dress on I perceived then.

Q. What was the colour of that dress?

A. Red, trimmed with gold lace, with a star upon his breast.

Q. Did you perceive any other ornament?

A. No I did not, to notice it.

Q. Did you make any remark upon the dress of his head?

A. He had got a cap on.

Q. Was it like that cap?

A. Something similar to that.

Mr. Park. Does your Lordship think they ought to be exhibiting these paraphernalia; it appears to me something like a novelty exhibiting such things in a Court of Justice till the proof has gone further?

Lord Ellenborough. The witness has said he had a cap on, and so on.

Mr. Park. If they had asked was it that cap I should not object to it if they were prepared to prove that was the cap, but they might send to Covent Garden wardrobe and fetch all these things?

Mr. Gurney. I undertake to prove by the person who made the dress for De Berenger, that these are fac similes of the articles of dress made for him.

Mr. Park. You stated that very expressly and very clearly.

Lord Ellenborough. Unless his recollection goes to their being such things, I think it would not go far; it is a thing that occurs every day, I have seen it twenty times at the Old Bailey.

Mr. Park. It assists the recollection of the witness, which I say my learned friends are not entitled to do.

Lord Ellenborough. When the witness has given a previous description of the dress, it is very usual to ask wherein does it differ, or what sort of a thing is it—they must first lay the foundation for the production which I think they have done in this case.

Mr. Bolland. Had he a cap upon his head similar to that?

A. Yes he had.

Q. Had that gold lace on?

A. It had.

Q. You say the gentleman was walking up and down the room?

A. Yes.

Q. Did he say any thing in your presence?

A. I asked him what the news was.

Lord Ellenborough. How came you to ask that?

A. Because I had heard Mr. Marsh say he was a Messenger come over.

Mr. Bolland. Did he reply to that?

A. He told me that Messengers were sworn to secrecy, but that he had got glorious news he had brought over to England, the best that ever was known for this country.

Q. Had you any further conversation with him?

A. He rung the bell and called for a pen, ink and paper, to write a letter to send off to the Admiral at Deal.

Q. Was that brought to him?

A. It was, and he was writing the letter some little time while I was there, and I bid him good night after that.

Q. Did you take leave of him before he had finished the letter?

A. I did.

Q. Where were the candles during the time that he was writing the letter?

A. On the table.

Q. Were they sufficiently near him to enable you to observe him?

A. Yes they were.

Q. Can you point out to the Court that person who wrote that letter on that night?

A. Yes.

Q. Will you point him out?

A. Yes, that is the gentleman (pointing to De Berenger.)

Q. Have you any doubt upon your mind of that?

A. None in the least.

Cross-examined by Mr. Richardson.

Q. You did not come over until you were called for by Mr. Marsh to bring candles?

A. No I did not.

Q. You were immediately sent to order horses, were you not?

A. Yes, I went and called the ostler up.

Q. I think you state that you were absent some time in performing that service?

A. Yes, I was some little time before I could wake the ostler.

Q. You left the candles in the passage with Mr. Marsh?

A. Yes.

Q. You handed the candles to him, and went immediately to call the ostler?

A. Yes.

Q. It was not till after you returned, having been absent some little time that he rung the bell and ordered pen, ink, and paper.

A. Yes.

Q. That order was given in the parlour, not in the passage?

A. Yes.

Q. Did you see him write upon the paper?

A. Yes, I did.

Q. You are a hatter?

A. Yes.

Q. There is a hatter's club at Dover, is there not?

A. Not that I know of.

Q. Were you up at this time when this transaction took place, or did you get up for the purpose?

A. I was up at the time.

Q. Had you any particular meeting on that day?

A. No, nothing particular, only I was smoking a pipe with Mr. Marsh.

Q. At one o'clock?

A. Yes, a little after one, it was between one and two o'clock I stopped there after two o'clock, I stopped some considerable time after the gentleman was gone away.

Q. He was not there above a quarter of an hour, or twenty minutes, was he?

A. I cannot tell, it might be a quarter of an hour or it might not.

Q. He was in a great hurry to get off, and went off as soon as the horses were ready?

A. He did.

Q. Had you dined at the Packet Boat, or at the Ship on that day?

A. No, I had not.

Q. Have you seen that gentleman from that time till to-day?

A. No, not from the time I saw him at Dover till to-day.

Q. Have you not been at London to be examined?

A. No.

Q. You have heard a great deal about this transaction?

A. Yes, it has been in every body's mouth.

Q. I take for granted you talk about these things as we do in London?

A. Yes we do.

Q. And read the newspapers that have been full of this thing for a long time?

A. I frequently read the newspapers.

Re-examined by Mr. Bolland.

Q. How long had you an opportunity of observing him?

A. Perhaps I might be in the room three or four minutes.

Q. During that time, was your attention called to him?

A. Yes, on account of the glorious news he said he had brought.

Q. It was a welcome face at Dover?

A. Yes, it was indeed, and that made me take more notice than I should have done.

A Juryman. Had he a cap on all the time you saw him?

A. No, he had not.

Mr. Park. It was only three or four minutes altogether?

A. I beg your pardon; I did not say it was only three or four minutes, I was asked whether it was three or four minutes, and I said I had no doubt it was.

A Juryman. Are you sure that is the man?

A. That is the gentleman that I saw there.

Lord Ellenborough. You have no doubt whatever?

A. No, I have none in the least.

Eliott Edis sworn.

Examined by Mr. Bolland.

Q. You are a cooper in the victualling yard at Dover, are you not?

A. Yes.

Q. Were you, on the morning of the 21st of February, at the Packet Boat?

A. Yes, I was.

Q. Was Mr. Gourley there with you?

A. Yes.

Q. Was your attention called to any thing particular on that morning?

A. Yes, a messenger arrived.

Q. Did you see the messenger?

A. Yes.

Q. Where did you first see him?

A. At the Ship.

Q. Was he in a room, or in the passage of the Ship, at the time?

A. In a room.

Q. At the time you first saw him, how was he occupied, what was he doing?

A. He was walking up and down the room.

Q. Did you make any observation on his dress?

A. He had a grey coat—his great coat.

Q. Did you observe the other coat that he had on?

A. He had regimentals; scarlet, trimmed with gold.

Q. Had they any other ornament on them?

A. I did not particularly take notice.

Q. Do you recollect how his head was dressed?

A. A cap, with a gold band about it.

Q. Will you look at that coat which lies there?

A. That is the color of it.

Q. How was the cap made?

A. A slouch cap.

Q. Where was the band?

A. Round it.

Q. Of what did the cap appear to be made?

A. It appeared to be made of a kind of rough beaver; I do not know whether it was black or brown.

Q. It had the appearance of rough beaver?

A. Yes.

Mr. Bolland. Will you now shew him the cap?

Mr. Park. I think it should be more described before it is shewn to him; this is a totally different description; this may be very material.

Mr. Bolland. Then I will not shew him the cap at all.—Had the cap any flap to it?

A. Rather a flap round, as I thought—all round.

Q. I ask you, whether the cap was cut off without any rim to it, or had it a rim like a hat?

A. No, it had not a rim like a hat by any means.

Q. Had you any conversation with him?

A. No.

Q. You say that at first he was walking about the room?

A. Yes.

Q. Did he employ himself in any other way while you were there?

A. I saw him before I went away sit down to write.

Q. Did you hear him order a pen, ink, and paper?

A. No, I did not.

Q. Did he, in your presence, say any thing as to whom he was writing to?

A. No, I could hear him talk, but not to understand him.

Q. That was owing to your deafness?

A. Yes.

Q. Did he keep his cap on the whole time you were there, or did he take it off?

A. His cap was on while I was there.

Q. From the observation you made upon his person, can you point out who that person was whom you saw on that night; have you seen him? look round and see whether you see him here to-day.

(The witness looked round the Court for some time.)

A. That is the gentleman (pointing to De Berenger.)

Q. Have you any doubt upon your mind about it.

A. No.

Cross-examined by Mr. Park.

Q. Had you ever seen him before that night?

A. No.

Q. Have you ever seen him since?

A. No.

Q. How long did you see him?

A. I did not minute the time.

Q. Upon the whole, how many minutes do you think you can now say you saw him that night?

A. I might see him perhaps five or six minutes, or more. I was in the room twice.

Q. Were you there before Mr. Gourley, or after him?

A. I was in the room with him.

Q. Did you go over before Mr. Gourley, or after him?

A. After him—I followed him.

Q. Immediately?

A. Yes.

Q. Did you come away as soon as he did, or did you remain there after him?

A. I did not take particular notice of that; the door was open, and we went in and out as we liked.

Q. Will you tell us whether the word you used before was, that he had a flat cap, or a flap cap—had it not a flap to it?

A. It was a cap rather slouched down, no brim to it.

Q. How could it slouch down, if it had no brim to it? I do not understand that; if it had merely a crown to it that would go round the head, it would not slouch down.

A. It was drawn over his forehead.

Q. The round part of it was drawn down over his forehead?

A. Yes.

Q. Where have you been all the time that gentleman has been speaking?

A. What gentleman?

Q. Were you out of Court?

A. No, I was not out of Court.

Q. You have been behind?

A. Yes.

Q. Have you been in view of his Lordship all the time?

A. No.

Q. When did you come into Court; did you come in when Mr. Gourley was examining, or when Marsh, the former witness, was examining?

A. No, I was out of Court at that time.

Q. Had you left the Ship Inn before this gentleman, as you say it was, had left the Ship Inn and gone back to the Packet Boat?

A. No, I saw him start off.

Re-examined by Mr. Bolland.

Q. Did you come into Court before you were called?

A. No.

Mr. Park. No, I give that up.

Lord Ellenborough. A deaf man is rather an awkward man to be an eaves dropper.

Mr. Park. I could not put so silly a question as that.

Lord Ellenborough. He is the very last man that one should suspect; he could not hear if he was in Court.

Mr. Park. If he had been as deaf as deaf could be, if he had seen a person point at the Defendant, that would have been sufficient for his purpose.

Lord Ellenborough. But you saw how he searched round the Court before he found him.

Mr. Park. But when I have a case presented to me I must do my duty, however painful it may be.

Lord Ellenborough. Certainly, it is my wish you should.

The Cap was shewn to the witness.

Mr. Bolland. Was the cap like that?

A. It was in the same form as that.

Q. Was the lace like that?

A. It was like that; I cannot say that was the cap.

Mr. William St. John sworn.

Examined by Mr. Bolland.

Q. Where do you reside?

A. In Little Brook street.

Q. Were you at the Ship Inn at Dover, on the morning of the 21st of February?

A. I was.

Q. You were there as a guest—as a traveller?

A. I was.

Q. Was your attention called to any thing on that morning?

A. Yes, it was.

Q. Were you up in the morning, or had you retired to rest?

A. I had retired to rest.

Q. State to the Court what it was which excited your attention.

A. I think at a quarter past one, or somewhere thereabouts, I heard a violent knocking at the gate or door, and a person calling out for a post-chaise and four immediately. I got up and dressed myself as quickly as possible, and went down stairs. I met Mr. Wright, the landlord, and asked him——

Q. Do not state any thing that passed between you and Wright, unless the stranger was there.

A. I went into the coffee-room, I think it is called.

Q. Did you observe any body there?

A. I saw a gentleman in a military uniform.

Q. Will you state, if you recollect it, what his dress was?

A. He wore a scarlet coat, with long skirts, buttoned across, with a red silk sash, grey pantaloons, and a grey military great coat, and a seal-skin cap, I think it was a seal-skin cap, on his head, of a fawn colour.

Lord Ellenborough. You did not touch it to feel it, did you?

A. No; it had a gold band round it.

Mr. Bolland. Had he any ornament on his uniform?

A. There were some ornaments but I do not know what they were, something of a star on his military dress.

Q. How was he engaged at the time you first saw him?

A. He was walking up and down the room in a very good pace.

Q. Did any thing pass between you and him?

A. I asked a question.

Q. What question did you ask him?

A. I asked him about the arrival of a messenger, and he said, he knew nothing at all about it.

Q. What were the terms in which you asked him?

A. I asked him if he knew any thing of the arrival of Mr. Johnson, who was the Messenger expected.—He said, he knew nothing at all about him, and begged I would leave him to himself, as he was extremely ill. On my leaving the room, he requested that I would send in paper and pen and ink. I immediately retired, and met the landlord, Mr. Wright, coming into the room, I believe with the paper, pens and ink.

Q. Did you return into the room?

A. In a few minutes, I believe a few seconds afterwards, I did.

Q. How was he then occupied?

A. He was writing.

Q. Did he say any thing of what he was writing?

A. No.

Q. Did you afterwards hear him say any thing, or see him do any thing with the paper upon which he was writing?

A. No, I did not.

Q. Did you hear him say any thing to Mr. Wright?

A. No, I did not,—not in the room.

Q. Did you continue in the room during the whole time he was writing, or leave it?

A. I left it immediately.

Q. Did you again see him, and where?

A. At the door in the street, stepping into the carriage.

Q. Did you hear him say any thing there, or see him do any thing?

A. I asked him what the news was,—he told me it was as good as I could possibly wish.

Q. Did any thing more pass between you and him?

A. Nothing more.

Q. Did you see what he did with the paper upon which he was writing?

A. No, I did not.

Q. Did you hear any thing pass between him and any other persons?

A. No, I did not.

Q. Did you leave the place or did he go away first?

A. He went away first.

Q. Did any thing pass from that stranger or to him respecting the letter.

A. No, not that I heard.

Q. From the observation that you made upon that person, could you point him out?

A. Certainly.

Q. Look round the Court, and see whether he is here?

A. The gentleman is below me, (pointing to De Berenger,) this Gentlemen, who is writing here.

Q. Have you any doubt of it?

A. Not in the least.

Q. Had you seen him before that day?

A. This is the third time I ever saw him.—I saw him by accident in Westminster Hall, passing through the Hall.

Lord Ellenborough. Did you recollect him when you saw him there?

A. Immediately.

Mr. Bolland. By what accident was it that you saw him there?

A. I went down there.

Q. And there by chance saw him?

A. Yes.

Q. Were you desired by any body to go down?

A. A friend of mine asked me to go down. The fact is we were going to Newgate; having heard that he was gone to Westminster Hall, I went down there.

Q. Was he walking about the Hall, or where was he when you saw him?

A. I first saw him in the court.

Q. Was he alone, or were there other persons about him?

A. There were many persons about him.

Q. You have no doubt of the person?

A. I have no doubt.

Q. You recollect nothing of any letter?

A. No, I do not.

Cross examined by Mr. Richardson.

Q. You told my learned friend you had seen this person three times;—once at Dover, and to day, and another time; by accident that was so—was it?

A. It was.

Q. Did you go to Newgate by accident?

A. No, I did not, I went there accompanied by a friend to see him; it was mere by chance that I went down to Westminster Hall.

Q. Do you call that an accident in your vocabulary?

A. I had no intention of going there ten minutes before.

Q. You did not go with your friend for the purpose of looking at him?

A. I went alone, I went with a friend to Newgate.

Q. You did not go to Westminster Hall for the purpose of looking at him?

A. I did.

Q. Do you call that an accident?

A. No.

Q. Did you not follow him to Westminster Hall for the purpose of looking at him?

A. Yes.

Q. Who was the friend who went with you to Newgate?

A. Mr. Oakes of the Stock Exchange.

Q. That was the day you knew he was to come to Westminster Hall for the purpose of pleading to this indictment?

A. I did not know any such thing.

Q. Were not you so informed when you got to Newgate?

A. I was.

Q. And then you followed him to Westminster Hall, and saw him pleading to this indictment?

A. I saw him in Westminster Hall.

Q. Did you not hear the officer read the indictment to him?

A. I was not in the Court, I think I just had my head in the inside of the curtain.

Q. Did you not hear the officer read something to him, and ask him whether he was guilty or not guilty?

A. I heard the Officer read something.

Q. And ask De Berenger whether he was guilty or not?

A. I heard him ask some question, but not what it was.

Q. That person was standing up in Court, under the Officer?

A. He was.

Q. You were not resident at Dover, I think?

A. No, I was not.

Q. What is your business in London?

A. I have a situation in a public charity.

Q. What is that?

A. The Irish Charitable Society.

Q. Are you Secretary to that?

A. No, Accountant.

Q. Is that your only line of business?

A. Yes.

Q. Have you nothing to do with the Stock Exchange?

A. No.

Q. You never had?

A. I do not understand that question.

Q. Have you ever had any thing to do with the Stock Exchange?

A. I have had some transactions in the Stocks.

Q. Have you ever acted as a Broker?

A. No, never.

Q. Your transactions in the Stocks have been entirely on your own account?

A. Yes.

Q. Buying and selling Stock upon your own account?

A. The fact is, I held some Omnium.

Q. And sold it again?

A. Yes.

Q. About what time?

A. I bought it before that time.

Q. When was it sold?

A. Some days after this transaction.

Q. You were in this room twice, I think you said?

A. Yes.

Q. When you first went down, you did not find your company acceptable?

A. The gentleman begged I would leave him, and I did so.

Q. Upon your oath, how long were you in the room at that time?

A. Not more than a minute.

Q. It might be less; you went immediately on his requesting you?

A. Yes, as soon as possible.

Q. The second time, you stated to my learned friend, you left the room immediately after you went in,—how long were you then?

A. I suppose a minute; I went up to the table and back again.

Q. You did not see him do any thing, but write a letter?

A. No.

Q. Had he his great coat and cap on, all the time you were with him?

A. Yes, I did not see him without them.

Q. It was a slouch cap we have heard it described?

A. No, it was not; it was a cap without any leaf at all to it.

Q. Coming over the forehead?

A. No, it fitted the head tight, but had neither a leaf or any thing else to it.

Q. What might be your business at Dover at that time?

A. I went down for the purpose of getting information.

Q. Was that for the benefit of the Irish Charitable Society?

A. No, certainly not.

Q. If it is not impertinent, for whose benefit was it?

A. One purpose was to send information to a newspaper.

Q. Another purpose, to send information to whom?

A. If any thing happened, such as the arrival of the preliminaries of a treaty of peace, which was expected, I should have come to London immediately.

Q. You would have gone to the Stock Exchange with it?

A. No, I should not, I have no connexion with the Stock Exchange.

Q. Upon your oath, you would not have communicated it to the Stock Exchange?

A. I should not.

Q. It was by Mr. Oakes's desire, you say, that you went to Newgate,—was it by his desire you went to Dover?

A. It was not.

Q. Did he know of your going to Dover?

A. He did not.

Q. By whose desire did you go down?

A. By desire of a friend of a mine.

Q. Who was that person?

A. He was a friend of mine.

Q. What was his name?

Lord Ellenborough. There is no objection to your telling it.

Mr. Richardson. Have you any doubt of it in your memory?

A. No.

Q. At whose desire did you go down?

A. Mr. Farrell.

Q. Who is Mr. Farrell?

A. He is a Merchant.

Q. A Merchant in the City of London?

A. Yes he is.

Q. Has he any thing to do with the newspaper you have spoken of?

A. Yes he has, he is a proprietor of it.

Q. What is the name of it?

A. The Traveller.

Q. Where does Mr. Farrell live?

A. In Austin Friars.

Q. What day did you go to Dover?

A. I went on the Saturday.

Q. That was the very day before?

A. Yes.

Q. For the purpose of getting any intelligence that might arrive and to communicate it immediately to Mr. Farrell?

A. Yes, or Mr. Quin, the other proprietor of the newspaper.

Q. You told me just now, your object was to get information, partly for the newspaper;—what was the other object?

A. I do not recollect having said partly.

Q. I am in the recollection of the gentlemen of the Jury, whether you did not say so.

A Juryman. You said one object was that.

Mr. Richardson. What other object had you?

A. That was the only distinct object I had.

Q. Then you meant that you had no other object but that?

A. If there had been a preliminary Treaty of Peace arrived, I should have returned to London, and of course I would have made what I possibly could of the little Omnium I held.

Q. That was the other object?

A. Yes.

Q. All information of slighter importance you would have communicated to Mr. Farrell, who sent you; if it had been very important, you would have come to London and sold your omnium?

A. Certainly.

Re-examined by Mr. Bolland.

Q. At the time you saw that person in Westminster Hall, I think you told me he was standing with a number of others?

A. He was.

Q. Did any person point out that person to you?

A. No.

Q. Was it from the recollection of your own mind, that you discovered him?

A. It was.

Q. Do you know a boy of the name of Ions?

A. No. I do not know him by name.

William Ions was called into Court.

Mr. Bolland (to St. John.) Do you know that boy?

A. Yes.

Q. He is one of Wright's boys?

A. He is.

Q. Did you see him on that night.

A. I did.

Q. Upon what occasion?

A. He was sent as an express, there were two expresses that night, he went with one of them.

Q. To whom was that lad sent?

A. I think to the Port Admiral at Deal.

Q. Whose express was that?

A. It was an express I believe that Mr. Wright gave him from the gentleman who was there.

Q. Do you mean from that gentleman?

A. Yes.

William Ions sworn.

Examined by Mr. Gurney.

Q. In the month of February last were you in the service of Mr. Wright of Dover.

A. Yes.

Q. Were you up when the officer arrived there, or were you called up?

A. I was called up.

Q. Were you sent off with an express to Admiral Foley?

A. Yes.

Q. Did you take to the Admiral's the letter you received there?

A. Yes, I did.

Cross-examined by Mr. Richardson.

Q. Who gave you the letter that you speak of?

A. Mr. Wright.

Q. He gave you some letters to carry to Admiral Foley?

A. Yes.

Q. Where did he give it you?

A. I was at the fore-door upon the pony, and he came out to the door to me with the letter.

Q. To whom did you deliver it?

A. To the Admiral's Servant.

Q. At Deal?

A. Yes.

Q. What is her name?

A. I do not know, she took it up stairs to the Admiral directly?

Q. You did not see the Admiral?

A. I saw him that night.

Q. Do you mean before you left Deal?

A. Yes.

Q. This letter you delivered to some servant at the door?

A. Yes.

Q. And she carried it up stairs?

A. Yes.

Re-examined by Mr. Gurney.

Q. After she had delivered it up stairs you saw the Admiral?

A. Yes.

Admiral Thomas Foley sworn.

Examined by Mr. Gurney.

Q. On the morning of Monday the 21st of February did you receive a letter by that boy?

A. A letter was brought to me that that boy brought to the house, and given to me, I was in bed.

Mr. Park. You did not receive it from the hand of that boy?

A. No, it was brought to me by my maid-servant at three o'clock in the morning, I was in bed.

Q. Did you get up immediately?

A. I read the letter in bed.

Q. Is that the letter? (shewing a letter to the witness.)

A. This is the letter.

Q. Did you mark it before you parted with it?

A. I do not know whether I marked it or not.

Q. You know it again.

A. I inclosed it in a letter but I did not mark it.

Q. You inclosed it in a letter to Mr. Croker?

A. Yes a private letter to Mr. Croker.

Q. Is that the letter in which you inclosed it to Mr. Croker (shewing a letter to the witness.)

A. This is the letter.

Q. That letter which I first shewed you is the letter you received from your maid servant?

A. It is.

Q. I suppose you rose directly?

A. I rose and sent for the boy into my dressing room.

Q. Did you communicate the news by telegraph to the admiralty that morning.

A. It was very late before I began, I will tell you what I did, I questioned the boy a good deal, for I must say I did not believe the letter.

Q. I must not ask you what passed between you and the boy, but whether you telegraphed the admiralty?

A. I did not, because the weather was thick, and I further say, the message I should have sent to the admiralty would have satisfied them—

Q. In fact you did not telegraph the admiralty because the weather was too thick?

A. I did not.

Q. When you sent for the boy up had you the letter in your hand?

A. I had, it was then three o'clock and dark, the telegraph would not move.

Q. I take for granted you had a candle?

A. Of course.

Mr. Gurney. We will now read the letter.

Mr. Park. I object, with great deference to his Lordship, to that letter being read, the evidence does not bring home that to the supposed officer, who is said to be Mr. De Berenger, it does not appear from any evidence to have come out of his hand it reaches this boy by the communication of Mr. Wright, who has not been called.

Mr. Gurney. I will ask the witness as to the reason of Mr. Wright's not being here—he is very ill, is not he?

A. He is extremely ill.

Mr. Park. My Lord, that does not alter the law of evidence, I submit there is a chasm in that chain that precludes their reading the letter as evidence against Mr. De Berenger. I do not mean to say that might not be supplied in the absence of Mr. Wright, but that letter lying before your Lordship's Officer is not identified to be the very paper which issued forth from this supposed person. It was delivered to this youth at the door of the inn by Wright, who is ill and absent from illness, he is not present to tell your Lordship from whom he received that, and there is a chasm in the chain of evidence, nor does the Admiral say he received the letter from this boy, he received it from a maid servant.

Lord Ellenborough (to Admiral Foley.) When the boy came into your presence I suppose you asked him about this letter?

A. I did.

Q. Did he recognize that as the letter he had brought?

A. He did.

Mr. Park. With deference to your Lordship I should submit the letter was then open, the boy had delivered the letter shut to the maid servant, and I should have submitted, it is quite impossible that this youth could distinguish the letter, nobody doubts it is the letter, but that must be proved by legal evidence.

Lord Ellenborough. It is prima facie evidence. I do not speak now of the communication from De Berenger (supposing he is the person) of the letter to the boy. I do not say any thing upon that objection of yours, but that the letter which reached Admiral Foley was the letter the boy brought I think no human being can doubt.

Mr. Park. But still upon the original point, I submit it is not so proved as to be read in evidence.

Lord Ellenborough. Yes, you may resort to that if you please, the witness said he wanted an express horse to send to the Admiral at Deal, and then an express horse was got, and something was carried to the Admiral at Deal. That is the evidence as it stands.

Mr. Serjeant Best. So far the evidence goes my Lord, they now want to make the contents of that letter evidence, but before they can do that they must either prove that letter to be the hand-writing of Mr. De Berenger, or trace that Letter regularly from the hand of Mr. De Berenger: they have no such evidence, but all they say is, that Wright, the Landlord of the inn, took the letter out of the inn and delivered it to the boy at the door, the boy never having seen Mr. De Berenger, nor they having the smallest evidence whatever to connect the boy with him.

Lord Ellenborough. If there had been, the question would not have arisen.

Mr. Serjeant Best. I submit there is nothing to connect that letter with this person, and if it is the hand-writing of Mr. De Berenger I should think they would have no difficulty in proving that, there were other gentlemen waiting for information from France, as we hear from the witnesses, and if this letter is read Mr. De Berenger and the other Defendants may be made responsible for that letter which may have been written by one of those other persons.

Lord Ellenborough. I only want to get first all the facts relating to this letter. I cannot find any thing beyond that that he wanted an express horse to send to the Admiral at Deal.

Mr. Gurney. And that a sheet of paper was brought to him to write.

Lord Ellenborough. That he was preparing to write a letter and that he wanted an express horse to carry it, but as to the immediate identification of that letter you lose the intervening proof by the absence of Mr. Wright.

Mr. Gurney. My Lord, if there is any sort of difficulty about it, I will identify it at once by proving the hand-writing, but the Gentleman to prove that felt a delicacy in consequence of his being the Attorney for the prosecution.

Germain Lavie, Esq. sworn.

Examined by Mr. Gurney.

Q. You are the Attorney for the prosecution?

A. Yes.

Q. Did you see Mr. De Berenger in the custody of the messenger, in the course of the month of April?

A. Several times.

Q. In the course of those interviews did you see him write?

A. I did.

Q. Did you see him write a good deal?

A. Yes, a considerable deal, I saw a whole letter which he handed me across when he had written it, and it was given back and copied again, and for about an hour he was writing different things and handing backwards and forwards.

Q. Did you also see his papers in his writing desk?

A. I did.

Q. From the observation you made upon his writing, seeing him writing as you did at those several interviews, do you or do you not believe that to be his hand-writing?

A. I verily believe it to be his hand-writing from what I saw him write, but I am more impressed with its being his hand-writing, or at least the impression of its being his hand-writing is strengthened by what I saw of his writing.

Q. Do you believe, from what you saw him write, that that is his hand-writing.

A. Yes I do most solemnly, I did not see the letter till afterwards, and the moment I saw it, I concluded that to be his hand writing, and said so at the time.

Mr. Park. What you said at the time is no evidence, and you know that.

Mr. Gurney. Did your observation of it enable you to say you believed it to be his hand writing?

A. I have said so.

Mr. Park. You know as well as any man, that what you said to any body is no evidence.

Lord Ellenborough. It is a measure strongly indicative of his persuasion, it is an act accompanying his seeing it.

Mr. Gurney. Does Mr. De Berenger always write as large as that, or does he write a hand as large as that, and a smaller one also?

A. His usual hand is a good deal smaller than this.

Q. Did you find him sometimes writing larger than at other times?

A. Yes, there was apparently in his letters a larger hand in writing, I could positively swear that the man who wrote those I saw, wrote this, only one was larger than the other.

Cross examined by Mr. Park.

Q. You told my learned Friend just now, that you formed your mind not only from what you saw him write, but from what you saw in his writing desk?

A. That confirmed my mind.

Q. Upon your oath, if you had not seen those writings in his Desk, would you have taken upon yourself to swear that it was his hand writing?

A. I think I should, but that makes it much stronger in my mind.

Q. I ask you again and will have a positive answer to the question, if you had never seen those other writings to which you have alluded, would you upon the mere circumstance of having seen him write, have taken upon you to swear that you believed that to be his hand writing?

A. I could have sworn it not quite so strongly, I could have sworn to my verily believing it, but I can now swear without the least doubt that it is his.

Q. That is because I have examined you perhaps?

A. No it is not.

Q. You verily believe that to be his writing, do you?

A. Yes.

Q. Look at that and tell me whether you believe that to be his hand writing, (shewing a letter to the witness) you need not open it, I have shut it for the purpose.

A. Yes I do, that is more like what I saw him write than this; I believe that to be his hand writing.

Mr. Park. I will put a letter A upon it; will you be so good as to look at that account, (shewing it to the witness) and tell me whether you believe that to be his hand writing.

A. I can only say this is the sort of hand he writes.

Q. Will you swear that is his hand writing.

A. That appears to me to be the same sort of hand.

Mr. Park. I will mark this B. They are very much alike.

A. They are more like the sized hand he writes in common than this, this is a larger hand.

Mr. Serjeant Best. Do you believe these to be Mr. De Berenger's hand writing? (shewing three papers to the witness).

A. They are all like his hand writing.

Lord Ellenborough. I think this should be kept for your case—I never saw any thing like this in my life.

Mr. Gurney. I take for granted these are meant to be produced in the defence?

Lord Ellenborough. You must be conscious that you are doing an irregular thing in tendering them now.

Mr. Park. I am not conscious my Lord, of doing an irregular thing.

Lord Ellenborough. I mean in tendering evidence at a time when it is not open to the Defendant to do so.

Mr. Park. But I may try the credit of the Witness by shewing him these.

Lord Ellenborough. There is no doubt that every Defendant has a right to give evidence in his turn, but at present we are upon the case of the prosecution.

Mr. Park. Have you not shewn that Letter to various other persons in order to procure their testimony to the hand writing?

A. No, I have not.

Q. You have not attempted it?

A. I was always conscious that I should be able to prove the Letter, but this morning finding Mr. Wright was not come up, I asked them if they had any body at hand that could prove it, so as to avoid being called myself; but I believe I must be called at last to the examination of the papers, so that it is not so important my being called sooner or later.

Q. Have you attempted to get other evidence?

A. I have not.

Q. Was Mr. Stevens applied to?

A. Before the Grand Jury, Mr. Stevens was not only applied to, but attended.—Mr. Lees also, of the Bank of England had ascertained before I had any thing to do with the business——

Mr. Park. That is not my question.

Lord Ellenborough. Put your question distinctly.

Mr. Park. I ask whether Mr. Lavie had not applied to various persons to swear to De Berenger's hand writing, and finding that they would not swear to it, then he determined to swear to it himself?

A. No, I have not.

Mr. Gurney. You say you did apply to Mr. Lees of the Bank, and Mr. Stevens?

A. Yes.

Q. Mr. Lees is the Inspector at the Bank?

A. He is.

The Letter was read as follows:

Dover, one o'clock, A. M. Feb. 21st, 1814.

Sir,

I have the honour to acquaint you, that the L'Aigle from Calais, Pierre Duquin, Master, has this moment landed me near Dover, to proceed to the capital with Dispatches of the happiest nature. I have pledged my honour that no harm shall come to the crew of L'Aigle; even with a Flag of truce they immediately stood for Sea. Should they be taken, I have to entreat you immediately to liberate them; my anxiety will not allow me to say more for your gratification, than that the Allies obtained a final victory, that Bonaparte was overtaken by a party of Sachen's Cossacks, who immediately slaid him, and divided his body between them; General Platoff saved Paris from being reduced to ashes, the Allied Sovereigns are there, and the White Cockade is universal, an immediate Peace is certain.—In the utmost haste I entreat your consideration, and I have the honour to be,

Sir, Your most obedient, humble Servant, R. Du BOURG, Lt. Col. & Aid de Camp to Lord Cathcart.

To the Honourable T. Foley Port Admiral, Deal, &c. &c. &c. &c.

Mr. Serjeant Best. Your Lordship will allow me to explain. I did not ask these questions of Mr. Lavie, with a view to offer hand writing against hand writing, but to prove these Papers that I mean to offer in evidence.

Lord Ellenborough. They should be proved in your case; I know by mutual consent they are sometimes proved by a Witness for the Prosecution, and I did not interfere in the first instance, but when I saw it multiplying, I thought it necessary to interfere.

Thomas Dennis Sworn.

Examined by Mr. Adolphus.

Q. Are you the driver of a post chaise in the service of Mr. Wright, at the Ship at Dover?

A. Yes.

Q. Early in the morning of the 21st of February, do you remember taking a fare from thence?

A. Yes, I drove the chaise.

Q. With how many horses?

A. Four.

Q. Where did you drive it to?

A. To Canterbury.

Q. To what Inn?

A. To the Fountain.

Q. What sort of person was it that you drove?

A. I cannot say.

Q. Was it one person, or more than one?

A. Only one.

Q. A man or a woman?

A. A man.

Q. Was it dark?

A. Yes.

Q. Could you see how he was dressed?

A. No.

Q. Had you the Wheel horse, or the leaders?

A. The leaders.

Q. When you put the person down whom you had driven, what did he give you?

A. He gave me a gold Napoleon.

Q. Did he give you only?

A. He gave us one a piece.

Q. What became of those Napoleons?

A. I sold mine.

Q. What did you get for it?

A. I got a one pound note for mine.

Q. Do you know the name of the lad at Canterbury that took him after you?

A. Yes.

Q. What is his name?

A. Broad.

Q. Who was the other?

A. Thomas Daly.

Cross Examined by Mr. Richardson.

Q. Did you see Broad and Daly set off with the chaise from Canterbury?

A. Yes.

Q. It was a very dark night, was not it?

A. Yes.

Q. An hazy misty night?

A. Yes.

Q. A dark foggy night?

A. Yes.

Q. How do you remember the day this happened, from Dover you are in the habit of carrying persons in chaises and four to Canterbury frequently?

A. Yes.

Q. Day and night?

A. Yes.

Q. The carrying a gentleman in a chaise and four to Canterbury was nothing extraordinary?

A. No.

Q. How came you to remember this particular day?

A. I do not know.

Q. Upon your oath, might it not have been the 20th or the 22nd?

A. I cannot say indeed.

Q. Have you not heard other people say it was the 21st that this extraordinary affair happened?

A. No, I have not.

Q. You have not heard it talked of at all?

A. No.

Q. For aught you know it might be the 20th or the 22nd?

A. I cannot say.

Re-examined by Mr. Adolphus.

Q. Do you remember what day of the week it was?

A. No.

Q. Do persons often give you a Napoleon for driving them?

A. No, I never had one before.

Q. You do not remember the day of the week?

A. No, I do not.

Edward Broad sworn.

Examined by Mr. Adolphus.

Q. Are you a driver of a chaise at the Fountain at Canterbury?

A. Yes.

Q. Do you remember the last witness coming to your house with a fare early in a morning in February.

A. Yes.

Q. Do you remember what day it was?

A. No, I do not.

Q. Do you remember what day of the week it was?

A. No, I do not.

Q. Was it one gentleman you particularly remember, or more?

A. One gentleman.

Q. From whence did he come?

A. From the Ship at Dover.

Q. Did you drive the wheel horses or the leaders?

A. The leaders.

Q. He came with four horses?

A. Yes.

Q. And went away with four?

A. Yes.

Q. Where did you drive him to?

A. To the Rose at Sittingbourn.

Q. Did you see him into a chaise there?

A. He did not get out—the chaise went forwards.

Q. With four horses or two?

A. With four.

Q. Who drove him, do you remember the boys names?

A. Michael Finnis was one, and James Wakefield.

Q. What present did he make you?

A. I did not receive any money from him; the other boy received the money.

Q. What had you for your share?

Mr. Park. That cannot be received unless he saw it given.

Mr. Adolphus. Did you see the money given?

A. I was very busy taking the horses off.

Q. What had you for your share?

A. A Napoleon.

Cross-examined by Mr. Park.

Q. Have you long lived at the Fountain at Canterbury?

A. Yes.

Q. Have you long known Thomas Dennis?

A. Yes, some years.

Q. Have you never driven a fare he brought from Dover before?

A. Not particularly to my knowledge.

Q. Your knowledge has been called to this subject, but you do not know that you ever drove one that he brought before?

A. I might have driven one, but he brought this I know.

Q. You might have driven a fare brought by him from Dover?

A. I might, there are a great many boys from that Inn.

Q. And you have driven a single gentleman before?

A. Yes.

Q. And sometimes you have driven a chaise and four?

A. Yes.

Re-examined by Mr. Adolphus.

Q. Did you ever receive a Napoleon before?

Mr. Park. He did not receive it from that person.

Lord Ellenborough. Did all these circumstances ever concur in any other case. Did you ever drive so early in the morning a single gentleman in a chaise and four, and receive a Napoleon from him?

A. No, I never did.

Michael Finnis sworn.

Examined by Mr. Adolphus.

Q. Are you a post-chaise driver at the Rose at Sittingbourn?

A. Yes.

Q. Do you remember the last witness bringing a gentleman in a post-chaise to your house?

A. Yes.

Q. In the month of February?

A. I did not take particular notice of the time.

Q. Was it early in the morning?

A. Yes.

Q. In a chaise and four?

A. Yes.

Q. At what o'clock in the morning might it be?

A. It might be somewhere about four, or between four and five I believe. I did not take particular notice, for I had no watch with me, it was dark.

Q. Where did you drive him to?

A. I drove him to the Crown at Rochester.

Q. That is Mr. Wright's house?

A. Yes.

Q. At what time in the morning might it be when you got to Rochester?

A. I cannot say, we were not much above an hour going with the gentleman—it might be an hour and ten minutes at the outside.

Q. Did the gentleman get out there?

A. Yes, he did.

Q. What present did he make you?

A. He gave us a Napoleon a piece; he gave me two, one for my fellow-servant and one for myself.

Lord Ellenborough. You had no opportunity of seeing his person?

A. I did just see him in the house when he paid me, but I did not take any particular notice of him.

Lord Ellenborough. He had no luggage, had he?

A. I do not know.

Lord Ellenborough. I thought he had changed chaise?

Mr. Park. No, he did not change chaise, only got out and in again.

A Juryman. Did you observe his dress?

A. He had a kind of a pepper and salt coat on, and a red coat under that I perceived, and a cap he had on.

Mr. William Wright sworn.

Examined by Mr. Adolphus.

Q. You keep the Crown Inn at Rochester?

A. Yes.

Q. Do you remember a chaise from Sittingbourn arriving at your house on the morning of the 21st of February?

A. Yes.

Q. A chaise and four?

A. Yes.

Mr. Park. I request that the questions may not be put so leading as to fix the day, for not one witness has proved it.

Mr. Adolphus. Have you any particular reason for remembering that day?

A. Yes.

Q. What sort of a person was it that came in the chaise?

A. It was a tall person rather thin than otherwise.

Q. Dressed how?

A. He was dressed in a pepper and salt great coat, with a scarlet coat under it, a Military scarlet coat; the upper coat was nearer the color of that coat I think than any thing I could state, (pointing to the coat before produced), the scarlet Military coat he had under that was very much trimmed with gold lace, it appeared by the candle light to be gold lace trimmed down the front; he had on also a cap, a Military cap with a broad gold lace round it—a band.

Q. What was the cap apparently made of?

A. The cap appeared to me to be made of cloth; I am not certain whether it was of cloth or fur, but it appeared to be nearly of the color of the great coat.

Q. Was there any thing particular about his Military coat?

A. On the Military coat was a star, and something suspended either from the neck or the button, I do not know which, something which he told me was some honor of a Military order of Russia.

Q. Was that thing at all like this? (shewing the star to the witness.)

A. Yes, it had very much the appearance of that sort of thing.

Q. Did the person stay any time at your house?

A. I should suppose I was in conversation with him about ten minutes in the parlour.

Lord Ellenborough. At what time in the morning was this?

A. The time the chaise drove into the yard I suppose was about half-past 5 o'clock; it was not earlier than that, and I suppose very little later.

Mr. Adolphus. What were you and he doing during these ten minutes?

A. I was getting some chicken for him, and cutting that chicken up and some round of beef.

Q. In what room were you?

A. In our bar parlour; I took him there, the house not being open, that being warmer than the rest of the rooms.

Q. What passed in that conversation you had with him?

A. I was first of all called up by a post-boy of my brother's at Dover, he told me he was to go forward with some letter to London, and that there was a Messenger.

Q. You must not state what passed with your brother's boy, but in consequence of what that boy told you what did you say to the gentleman?

A. I went into the yard and found the gentleman looking out at the front window of the chaise and he said he was very hungry, and could he have any thing to eat, for he had had nothing since he left Calais; I told him that he could get any thing he pleased, and should I bring him any thing by way of a sandwich, as I supposed he would not get out of the chaise, he said he would get out, and he did get out, and I took him into our bar parlour; when he got there I said "I am led to suppose you are the bearer of some very good news for this Country," he said he was, that the business was all done, that the thing was settled. I asked him if I might be allowed to ask him, what was the nature of his dispatches, and he said "he is dead!" I said "who do you mean Sir?" He said "The Tyrant Bonaparte!" or words to that effect; I believe those were the exact words. I said "is that really true Sir?" Upon that observation he said, "if you doubt my word you had better not ask me any more questions." I then made an apology for presuming to doubt his word, and requested he would be kind enough to say, as the Country was very anxious, and our town in particular, what were the dispatches; he then went on that there had been a very general battle between the French and the whole of the Allied Powers, commanded by Schwartzenberg in person; that the French had been completely defeated and Bonaparte had fled for safety. That he had been overtaken at a village, to the best of my recollection he said it was Rushaw, six leagues from Paris, by the Cossacks, to the best of my recollection that was the name of the place and the distance. That the Cossacks had there come up with him, and that they had literally torn him into pieces. That he had come from the field of battle from the Emperor Alexander himself; that he either was an Aid-de-Camp of the Emperor or of one of his principal Generals he told me, but which I am not able to say, but one I know he told me was the case, that the Allies were invited by the Parisians to Paris, and the Bourbons to the throne of France, that was pretty well all the conversation that passed. He eat very little, if he did any thing, he said he was very cold; I asked him if he would take any brandy, he said no he would not, for he had some wine in the carriage. He enquired what he had to pay, I told him what he had had had been in so uncomfortable a manner, that I should not wish to take any thing for what he had had. He did not accept of that, he threw down a Napoleon on the table and desired me to take that for what he had himself taken, and to give the servants something out of it; he meant the whole of the servants, for when he got into the chaise the ostler asked him for something, and he said he had left something with his master.

Q. Did he go away in the chaise that brought him, or in another chaise?

A. In the same chaise.

Q. With four horses?

A. Yes, with four horses.

Q. What were the names of the lads that drove him?

A. James Overy and Thomas Todd, I believe were the boys. I am not quite positive as to the names of the boys.

Q. Should you know the person again that you saw that morning if you were to see him?

A. I think I should, he was very much disguised at that time.

Q. Look about, and tell me whether you see him any where?

A. I do not immediately see any face that I should know again, that I at this moment recollect.

Q. Look with care round about?

A. That is the gentleman, (pointing to De Berenger.)

Q. Do you believe that to be the person?

A. Yes, I do think that is the person—really when I see the face it is the same.

Q. Looking again, have you any doubt of it?

A. I think I can swear that is the gentleman. I have no doubt of it—that certainly is the gentleman.

Cross Examined by Mr. Richardson.

Q. Had you ever seen the gentleman before?

A. No.

Q. Nor since?

A. No not till to-day, not to my knowledge.

Q. The first thing he said was that he was very hungry; and you went to get him something to eat?

A. Yes; and he got out of the chaise, and I got him something. We crossed the yard together.

Q. During all the time you were with him he was getting something to eat?

A. No; he was sitting in the room part of the time.

Q. You were busy getting him something at the time?

A. He was standing while I was getting it, and then he sat down; I staid to wait upon him.

Q. What was the whole length of the time you were with him?

A. I suppose ten minutes.

Q. The greatest part of that time he was eating, was not he?

A. The greatest part of the time he was talking; I do not think he ate any thing; he took a knife and fork in his hand but I do not believe he ate any thing.

A Juryman. Did you observe any thing particular in his dress?

A. He was dressed pretty much in the way I have described; he had one part of his dress I have not mentioned, which was a large white cockade hanging down very dirty, as if it had been a long time worn.

Lord Ellenborough. Had you any conversation with him about his communicating this intelligence in any public quarter; or did you give him any advice upon that?

A. No I did not. When he went away I gave him a card of the road, and requested his favors when he should come that way again; and he bowed, as if assenting.

Q. You have not seen him since?

A. No I have not.

A Juryman. Had he his cap on?

A. Yes he had it on the whole of the time I believe. I have got the Napoleon in my pocket that the gentleman gave me.

The Witness produced it.

A Juryman. What did you say was the color of the cap he had on?

A. I think it was very near the color if not the color of the great coat, to the best of my recollection, looking at it by candle light.

Lord Ellenborough. From the circumstances of his appearance, looking at that person before you, you have no doubt?

A. I have no doubt of it; I can swear to that gentleman, though I have never seen him since.

James Overy sworn.

Examined by Mr. Adolphus.

Q. Did you take up a person at your master's house at Rochester?

A. Yes.

Q. Do you recollect on what day it was?

A. On a Monday.

Q. Can you recollect the day of the month?

A. No I cannot.

Q. Where did you drive him to?

A. I drove him to Dartford.

Q. How was he dressed?

A. He appeared to have a great coat on.

Q. What house at Dartford did you drive to?

A. The Granby.

Q. What kind of a coat had he on?

A. A grey mixture coat it appeared to be.

Q. Did you see any other part of his dress?

A. Yes, a red coat, like an aid de camp's, it appeared to be.

Q. Describe the coat, was it adorned with any thing?

A. He had a star very full indeed.

Q. Did you see any thing else?

A. There was something about his neck hanging.

Q. What had he upon his head?

A. He had a cap with a bit of white ribband run through the cap.

Lord Ellenborough. How was that ribband, in the shape of a cockade?

A. No it was not.

Mr. Adolphus. What sort of a cap was it?

A. A cap such as officers wear, with a gold lace band round it.

Q. Was it day-light when you left him at Dartford?

A. Yes; it was about ten minutes before seven when we came to Dartford with him.

Q. Was it then day-light?

A. Yes it was day-light about two miles before we came to Dartford.

Q. Did you see the person sufficiently to think you should know him again?

A. I do not know that I should.

Q. What did he give you at parting?

A. He gave us two Napoleons, and paid me for the Dartford horses and for our horses too; he paid me one L5. note and a shilling for the Dartford horses, and the Rochester horses too, and the turnpikes.

Q. He gave you and the other lad a Napoleon a-piece?

A. Yes he did.

Q. Who took him up at Dartford?

A. Thomas Shilling and Charles Ward.

Cross Examined by Mr. Park.

Q. What was the color of his cap?

A. I did not take notice of it.

Q. There was a white ribband stuck through it?

A. Yes.

Q. You took so much notice of it you said it was like an officer's cap?

A. Yes.

Q. How do you describe an officer's cap, are there not different sorts of officers caps?

A. I have seen what they wear when they are not in their regimentals, those they wear in a morning, this was such a cap as they generally wear in a morning, not what they wear with their regimentals in the day-time.

Q. It slouched down I suppose?

A. Yes.

Q. There is a something comes down to shade the eyes?

A. Not on that.

Q. How does it slouch then?

A. A kind of a turn down, a little way turned down.

Q. What was a little way turned down?

A. The cap.

Q. What part of the cap, in the front, or where?

A. In the front.

Q. Did you observe what color it was?

A. No I did not.

Q. Whether it was a dark brown?

A. I did not take any notice of the color.

William Tozer sworn.

Examined by Mr. Adolphus.

Q. You are an innkeeper at Dartford?

A. Yes.

Q. What is your sign?

A. The Crown and Anchor.

Q. Do you remember on any particular day James Overy bringing a fare to any other house in your town?

A. Yes.

Q. What day was it?

A. About the 21st of February.

Q. What day in the week?

A. Monday morning.

Q. What sort of person was it you took notice of?

A. The person that I took notice of was sitting in the chaise.

Q. Did you speak to him?

A. I did.

Q. What passed between you?

A. I was informed——

Q. Tell us what you told him?

A. In the first place, I made my obedience to the gentleman in the chaise, hoping that he had brought us some good news.

Q. You said so?

A. Yes.

Q. What did the gentleman say?

A. He said he had, and that it was all over; that the Allies had actually entered Paris; that Bonaparte was dead, destroyed by the Cossacks, and literally torn in pieces, and that we might expect a speedy peace.

Q. Did he tell you any thing more?

A. No; during the conversation I saw him give James Overy two gold pieces, which afterwards proved to be French pieces, I had them in my hand.

Q. Do you know the name of them?

A. I cannot say that I do; there was ten francs or something on them.

Q. Did you see enough of the person with whom you conversed in the chaise to think that you should know him again?

A. I am positive I should.

Q. Look round and see whether you see him here?

The Witness looked round.

A. I cannot see him; he is not round here; I cannot say that I am positive.

Q. You do not see him?

A. No I cannot say that I do.

Q. Look from here to the end of the row?

A. No I cannot say that I am positive.

Q. Do you know the boys who drove the Baron away?

A. Yes, Shilling and ——.

Mr. Gurney. Before Shilling comes in, and when what I say is not heard by him, I must say that the person to be identified should hold his head so as to be seen.

Mr. Park. And so he did. I desired Mr. De Berenger to hold his head gently up, and he did it immediately.

Lord Ellenborough. The questions might go much nearer; the witnesses might be asked if that be the person: it is done always at the Old Bailey in cases of life and death, where the prisoner stands in a conspicuous situation—it is less strong in that case; but to be sure when it is proved in the way it has been, it can be of very little consequence.

Thomas Shilling sworn.

Examined by Mr. Adolphus.

Q. You are a chaise-driver at Dartford?

A. Yes.

Q. Do you remember on a particular day taking up a gentleman who came in a chaise and four to Dartford?

A. Yes.

Q. What day was that?

A. I do not rightly know the day, but I believe it was on the 21st of February.

Q. What day of the week?

A. On a Monday.

Q. Had you a pair of horses?

A. Yes.

Q. Upon your ride to London, did the gentleman say any thing to you?

A. Yes, he discoursed with me a good deal.

Q. Who first spoke to him in your hearing?

A. The first man that spoke to him in my hearing that I took any notice of, was the waiter.

Q. The waiter at your inn at Dartford?

A. Yes.

Q. What was the sign of your house?

A. The Granby at Dartford.

Q. What passed between him and the waiter?

A. The waiter asked him whether he had brought any good news; the gentleman said, yes, it was all over; Bonaparte was dead; he said he was torn in a thousand pieces; and the Cossacks fought for a share of him all the same as if they had been fighting for sharing out gold, and the Allies were in Paris; then we were ordered to go on.