one of the many misfortunes in which this groundless accusation has involved me.— To my duty on board that ship I returned on the 1st of March, and it was not till the 8th day of that month that I found that my

"We are glad to hear that the Committee of the Stock Exchange have made considerable progress in discovering the authors of the late nefarious fraud; and that they have ascertained that the pretended Colonel De Bourgh treni ta the house of a gentleman who has a large stork jobbing account. Though the Committee bave posted the following notice, yet we should hope that the gentlemen named therein were no parties to the deception practised. They cannot, however, take too early an opportunity of clearing themselves from all suspicion of having partici pated in the transaction:

The institution of special juries, an institution unknown till times of modern date, and repugnant to the laws of England, had its rise in a pretence, that matters of tech-name was connected with the fraud, from nical difficulty a common jury might not be the following paragraph in the public prints competent to understand; as in cases of of the 7th insurance, shipping of goods, and the like. But, what was there in this case that a Common jury, composed of tradesmen in the city of London, would not have understood? A common jury would surely have been as competent to decide upon my case as upon the cases of hundreds who are condemned to death upon the decision of such a jury in that same Court, where, to do me justice, my case should have Stock Exchange Committee-room, March 4. been tried. The House are told, that it is It is particularly requested, that all those sufficient to have read the verdict against members of the Stock Exchange who transacted business, either directly or indirectly, for any me. By what principle of justice, or of of the persons undermentioned, on Monday, the reason, the House is to proceed to inflict 21st of February last, will favour the Committee upon me a new punishment, without them-with an interview: The Hon. Cochrane Johnstone, Mr. G. R. Butt, Lord Cochrane, Mr. selves hearing and examining the evidence, Holloway, Mr. Sandon, and Mr. M'Rae.' I will not here attempt to enquire.

On reading this paragraph, I lost no If, Sir, the accusation against me had time (whatever may have been insinuated not brought the whole conduct of my life to the contrary) in applying for leave of under animadversion, I should not think it absence, I gave the necessary orders necessary to account for the manner in about the ship, and waited on Admiral which my time has been employed since Surridge to obtain his permission to proI was actively engaged in my professional ceed to town. He informed me he had duties. The interval has not been idly sent me Admiralty leave, and a letter from spent, nor without a view to the interests Lord Melville-neither of which were of my country. At an expense of nearly forwarded to me for a considerable time two thousand pounds, for which I neither after, and Lord Melville's letter remains sought nor thought of remuneration, I exa- still unopened. I mention this merely to mined the situations and procured plans shew, that I was not induced to return to of the various important ports and places town, for the purpose of clearing my chain the Mediterranean. I meditated and racter, by any communication from the matured plans for the more effectual prose- Admiralty. On my return to town, I did cution of the war. They were approved, what I think every innocent man would pronounced practicable, and considered in- have done-I made oath to a true statefallible by some of the most distinguished ment of all that I knew of the circumofficers now living. I offered them to suc-stances on which the accusation against me cessive administrations, and I also offered my services to put them in execution.Subsequently, my attention was chiefly directed to the prosecution and perfection of an invention of considerable public convenience and utility; and on the very day of the offence so unexpectedly laid to my charge, I was solely occupied in furthering this, at least, inoffensive object, without the slightest idea of the mischief which that day was to bring forth.

I had been appointed to the command of his Majesty's ship the Tonnant, and the loss of that command, after expending more than a thousand pounds in fitting for sea, is

was founded. It was said, by the Counsel for the prosecution, that he should have thought that a nobleman in my situation, would have pledged his word and honour. If I understood the difference between the sanctity of such a pledge, and that of an oath, I might be able to reply to his observation; but I do not; but this I understand, that if I had pledged my word and honour, it would not have escaped that person's discernment, that I did not dare to make oath to the truth of my statement, The Report of the Stock Exchange Committee was not published till two days after my affidavit, and the description of the

by them in their hand-bill of the 7th, to wit, a brown great-coat and a red undercoat, being wholly different from that in which De Berenger appeared before me, which was a grey coat and a green uniform, I firmly believed that he was not the same person; and so impressed, I published my affidavit of the 11th; and shortly after the affidavits of my servants, as to the dress in which De Berenger appeared. These affidavits I hold in my hand, and, if it is the pleasure of the House, I will read them.

dress of the pretended messenger was given | trial. I then observed, "that I was in apprehensions of fatal news respecting my brother then in France, from whom I had received a letter but three days before, with the intelligence of his being dangerously ill; and I now tender you his affidavit, with the surgeon's certificate, dated the 12th of February, which he brought home with him; and, therefore, on receiving the note from De Berenger, whose name I was unable to decipher; and as that note announced that the writer, who, I learnt from my servant, had the appearance of an officer in the army, was desirous of secing me, I hasten

expected: nor had I the least doubt that it related to my brother. I was too deeply impressed with this idea, that the note was addressed to me by an officer who had come with intelligence of my brother, to apprehend that it was written by De Berenger, from whom I expected no communication, and with whose hand writing I was not familiar. All that I could afterwards recollect of the note, more than what is stated in my affidavit, is, that he had something to communicate which would affect my feeling mind, or words to that effect, which confirmed my apprehensions that the writer was the messenger of fatal news of my brother.

Isaac Davis, Thomas Dewman, and Mary Turpin made oath, that the upper coat was grey, and the collar and all thated to learn the intelligence so anxiously they saw of the under coat was green. My affidavit of the 11th of March was most unmercifully handled by the Counsel for the prosecution, and also by the Chief Justice. They insisted that I must have known when I received the note, that it came from De Berenger. My statement was, that while I was superintending work at Mr. King's manufactory, I received a note, but did not know that it came from De Berenger, because the name was written so close to the bottom, that I could not read it. It was triumphantly remarked, that this note was not forthcoming. It was mentioned as a suspicious circumstance, that I could not produce this note. The fact is, that I tore it, and threw it down. I had not the smallest idea that it was worth preserving-a note merely soliciting an interview which I was immediately going to giant. What could it contain that the writer himself could not inform me of? For what purpose should I preserve it? If I had preserved it-if I had brought it forth-what would have been said? Why, Sir, that there could not be a more suspicious circumstance that I could never have been so careful of an apparently insignificant scrap of paper, if I had not foreseen that it might one day be called in question, or otherwise that it had been subsequently fabricated.

The affidavit of my brother, as well as the certificate of the surgeon, were treated as fabrications: and with respect to my brother's letter, the Judge would not be lieve that I had received it, unless I could produce it, and shew him the post-mark. It is known to all my friends, that I seldom preserve such letters as are not likely to be of future importance-but it was also known to many of my friends that I had received such a letter. And since my brother Colonel Cochrane's return from Ireland, I have learnt that he did actually receive the letter inclosed from me ; and he is ready to prove it; and my other I have to lament that I was not more brother, Major Cochrane is ready to swear particula as to the important fact of my to the fact of having sent it. The learned going away from the lamp maker's, under Judges would not believe there was time the impression that I was about to meet an for the arrival of such letter between the officer with distressing intelligence rela- 12th and 18th of February: but I did not tive to my brother, the Hon. Major Coch-speak to the date of the letter. I only said rane. I can now only supply the defi-that I received it on the 18th: and my ciency, by offering the same statement brother did not swear that it was written and the me evidence which I tender- on the 12th, but early in February. New ed to the Court of King's Bench when I expressly stated, that my brother brought I made my second application for a new the certificate home with him.

It was

ment, perhaps in all Europe, and that I shall he tossed about, God knows how and where, and at an age, which claims rest: and horrible as the picture is, it is even the best of the prospects that await me; for should the trial go against me, my fate is not branded by disgrace and punishment only; for the doors of a prison will close upon me for life.'

granted to him on the 12th of February by the surgeon of his regiment, for the purpose of being laid before a Board of Medical Officers, to shew the necessity of his return to England, where he arrived some time in March, and now resides in Portman-square, in a very precarious state of After the apprehension of Mr. De health. The authenticity of the certifi- Berenger, I did, by the advice of Mr. cáte is unquestionable; and it is more im- Johnstone, address to him a letter through portant, since it was not obtained for the the office of Lord Sidmouth, calling upon purpose of proving the truth of my state-him to state to the public his reasons for ment, but is the original certificate autho- coming to my house on the 21st of Febrising his return to England on account of ruary; and he answered, that his object ill health, and bears date nine days prior was correctly detailed in my affidavit." I to the 21st of February. It includes a hold his original letter in my hand. period of six weeks, namely, from the 1st of January and yet the learned Judge argued against the probability, nay, stated that it was almost impossible, that I should have heard of his illness on the 17th of February.

:

With respect to my account of the conversation which passed between De Berenger and myself, I submit to the House, that it is not only true, but perfectly probable. It was not necessary that I should know the business which De Berenger had been transacting in order to believe that he had reasons for wishing to quit the kingdom. His wish to go to America, and Sir Alexander Cochrane's application in his behalf, were known to me, and clearly proved on the trial: and the Prosecutor's Counsel admitted that De Berenger was in the Rules of the King's Bench, and so involved in debt, that he would rather reside in any country than this. Within these few days, a letter from De Berenger to his Solicitor, Mr. Gabriel Tahourdin, has come into my possession, which clearly proves the distressed state of his mind, and his anxiety to get out of the country. The letter is dated 17th of February, FOUR days previous to the fraud of the 21st. The letter is long, aud, to me, perfectly unintelligible.

The following passage shews the perturbed state of his mind :

I cannot refrain from pressing you, as my Solicitor, and as a confidential friend, to take immediately those measures, which alone can tranquillize my mind, and enable me thereby to

meet the numerous sufferings I am doomed to bear. Something must be done, for what is so harrassing as doubt about future fate? Mine is all gisom; and self-pre-ervation, that powerful aignment, but which I have so long neglected, and which every body seems more or less decision. I have refused what most people ould call the safe side of the question. What are my prospects in consequence? that I shall have enemies in abundance-that I shall, in

to use, requires my immediate and unalterable

either result, have lost all chance of encourage

Relying upon the difference of the dress in which De Berenger appeared before me from that described by the Stock Exchange Committee, and on the assurance of Mr. Johnstone that De Berenger had informed him that he could unequivocally prove an alibi, by at least a dozen credible witnesses, and believing that, at all events, my own innocence would prove my protection, I felt so perfectly secure as to the issue of the trial, that I gave no instructions to Counsel, attended no consultation, and never even read my own brief, into which a fatal error was introduced; but leaving the whole business in the 'hands of my Solicitor, I retired to my house in the country, and did not return until two days previous to the trial. While in the country I received a letter from my Solicitor, informing me, that at a consultation, it had been resolved to defend my case jointly with that of Mr. Butt, and that it was not determined whether it might not also be adviseable to unite it with that of Mr. Johnstone. I had ordered that my case should be defended separately, and Messrs. Topping and Scarlett were engaged as my Counsel. To the above communication I returned the fol-` lowing answer:---- ·

'Holy-hill, Titchfield, May 29, 1814. The Counsel are certainly better able to Judge than I am, as to the necessity of mixing Mr. Butt's case with mine, but I will not consent to any further union.'

Notwithstanding this, my case was defended conjointly, and it deserves particular attention, that the able Counsel who pleaded my cause was intended to defend Mr. Johnstone only, and that the Counsel whom I did employ had no opportunity of opening their lips. The unavailing expression of my dissent to an union of cases, was almost the only step taken by me in my own behalf in the whole course of the

In

been so fatal, and Mr. Serjeant Best, in the course of my defence, marked the contradiction between my affidavit and what his brief told him, and he gave me credit for an oversight in consequence thereof, but refused to examine my servants then ready in attendance. Early on the morning of the second day of the trial, being in

proceedings prior to my return to town; I stated, that an error of the most dangerous for in addition to the perfect consciousness nature was introduced into the brief. of my innocence, I cannot help remarking, that brief the coat of De Berenger is dethat Mr. Johnstone, on all occasions, was scribed to have been a red one with a green anxious to relieve me from the trouble of collar, and my Counsel in consequence adattending to my own interests in this mat-mitted that to be red, which had been ter; and in a letter which he wrote to me sworn to be green. My attention was not a few days previous to the trial, he entreat-called to this error or difference, which has ed me to make myself perfectly easy as to the issue, and informed me he had seen De Berenger's brief, by which it appeared that he would fully establish an alibi. This letter, pursuant to my general practice, well known to my friends, I believe I have destroyed; but the receipt and purport of it can be proved on oath by a visitor then at my house. On my return to town, imme-formed, to my surprise, of the mode of dediately before the trial, the brief of Mr. De Berenger was shewn to me by Mr. Johnstone; and the case, as therein stated, appeared to me so perfectly clear, that I solemnly assure the House, that I then thought it impossible he could be the person who represented Du Bourg. That I had no concern whatever in the alibi set up by Mr. De Berenger, will sufficiently appear from the following letter from my solicitor's :

'Lincoln's-Inn-fields, 1st July, 1814. MY LORD-We beg to acknowledge the receipt of your Lordship's letter of yesterday's date, and to acquaint you in answer, that we were certainly employed exclusively for your Lordship in the late trial, and not for any other of the Defendants: and we also beg leave to state most explicitly, that we never received from your Lordship, or any other person whatever, any instructions in respect to the alibi at tempted to be proved by Mr. De Berenger, and consequently did not, nor could, give any directions to Counsel in respect to that alibi, nor had we ever any intercourse or communication whatever with the witnesses by whom it was to be

established. We have the honour, &c. FARRER and Co.'

fence which had been resorted to, I again sent my servants to Guildhall, with a note to my Solicitor, of which the following is an extract:

⚫ June 9, 1814.

'DEAR SIR-I have sent my servants, who, I submit, ought to be examined, in order to prove the appearance of Berenger. This seems necessary to free me from the internal uneasiness which I should ever feel were the investigation to terminate otherwise.'

Still, Sir, it was not deemed proper to examine my servants, and to the error which crept into the brief, and the consequent misapprehension of my counsel, I must, in some measure, attribute the unfavourable result of the trial-I say, in some measure, because I must ever consider myself as principally indebted for my conviction to the ***

-About

half-past seven o'clock in the evening of the last day of the trial, a clerk on the part of my solicitors called upon me, and the following is a memorandum made by him of the conversation that took place between us in consequence !—

'I told Lord Cochrane I had just come out of Judge was summing up against him very decidedly, Court to prepare him for the worst result, as the and I delivered him a memorandum of Mr. Brougham, recommending his Lordship's being hended. He inquired much about the trial, but made acquainted with the result to be appreparticularly what witnesses had been called on his side-I told him Dewinan, and a person to prove Major Cochrane's illness, and some others. He enquired if Mary Turpin was called? I answered not-he said Mr. Parkinson had put his and it was cruel in him-he requested I would foot in his case, or that he had botch'd his case, tell him he ought to have called her to Berenger's dress. I told him his letter was submitted to them-he answered, Mr. P. should have done as

My description of the dress in which De Berenger appeared before me at my house on the 21st of February has excited much animadversion. When I swore that he wore a green coat, the Counsel for the prosecution declared that I had incurred the moral guilt of perjury, without subjecting myself to the legal penalty. When I came into Court, and repeated my assertion upon oath, under all the risks of the law, and tendered the affidavits of others who saw him, as I did, in his green coat at my house, the same Counsel impudently repeated the foul and false accusation. II also affirmed, upon my honour, in the Court of King's Bench, and I do affirm upon my honour in this House, that I only saw him in a green coat.I have already

counsel, and the measure not approved of by

instructed him; I am to be the only sufferer if convicted. I also told him that at the time his

Lordship's letter was received his case was closed, (Signed) H. M. COULTHURST. 10th June, 1814.'

I read this, Sir, to shew to the House,

On the subject of the Bank-notes found in De Berenger's possession, which had been exchanged for others that had once been mine, I pledge myself to prove, in the clearest and most unequivocal manner, that such notes of mine as have been called in question were given by me to Mr. Butt, for the purpose of discharging just and bona fida debts; namely, a debt of 200. to himself for money borrowed, and the payment of my wine-merchants, Messrs. Wilkinson and Crossthwaite, whose bill amounted to 699. 11s. the payment of

escaped my recollection at the time of the trial. The several papers relating to the loan of 2007. extracted from the stockbroker's books, together with the wine-merchants' affidavit respecting the whole of the transaction, I hold in my hand, and entreat of the House to examine them. In looking over the wine-merchants' affidavit, I find, that, on the 19th of February, the very day on which the fraud is alleged to have been planned, I was engaged in their cellars for upwards of two hours in tasting wines,' to be sent on board the Tornant.

how anxious I was to the very last moment, I one family seventeen years, together with that my servants should be examined. the evidence of other three witnesses of unHad they been examined, they would have impeached veracity, to be outweighed in sworn to the dress in which De Berenger the balance by a wretch of this stamp ? came to my house.—And I submit, whether the testimony of all these persons ought not to preponderate over that of one. The only witness to the point of De Berenger's coming to my house in a red coat is Crane, the hackney-coachman. And under what circumstances was his evidence given? Not one of the Counsel for the prosecution ventured to question him to the point; but on his cross-examination, being asked the following question, " You do not pretend to be able to recollect every person you carry in your hackney-coach every day?" He replied, "No; but this gentle-which through the hands of Mr. Butt had man that I took from a post-chaise and four, when he got out at Green-street, I saw that he had a red coat underneath his great coat.' Does it not appear from this answer, that the witness, having been disappointed in not being questioned to that point before, speaks to it now as his only chance of securing the reward of 250%. offered by the Stock Exchange, and which, I understand, he has laid claim to? With respect to the evidence of Crane, it is worthy of notice, that the great coat which I have sworn as grey, was described by him in his examination before the Stock Ex- Having mentioned Mr. Butt, I take this change Committee to have been a brown opportunity of stating that my connection one; but on the trial he meets my descrip- with the funds arose from a conversation tion, and calls it a brown grey; he also with that gentleman in October last, when described De Berenger as a red faced the progress of the Allies and the favourman. Shilling also stated before the Com-able aspect of affairs induced him to recommittee that De Berenger had a large red nose,' and 'face rather blotcked. Now, it is well known, that De Berenger bears no resemblance to such description. He is pale, marked with the small-pox, and free from blotches.--But, Sir, I have another fact to state with regard to Crane, and I upon the House to give it that attention which it deserves. At the moment, Sir, that this man was giving evidence which was to convict me of the crimes of frand and perjury, be was suffering the sentence of the law for conduct of no common atrocity. The account of this conduct, will read to the House, as it was detailed in the public papers :---

call

*On Friday last Witam Crane, the driver of the hackney reach No. 782, was sam boned

before the Commissioners po a charge of cwelty to his horses. The circumstances datalled were so shocking as induced the Commissioners to observe they never hard a more atrocious case,'

Now, Sir, I ask, is the evidence of an old and faithful servant, who has been in

mend me to place my spare money in Government securities. I told him, that I had disposed of it in private securities and land. He then informed me that I might gain without advancing the principal, and offered to conduct the business for me. He urged this proposal, which I then declined, being unwilling to enter into specu lations which I did not understand. However, in the course of a few days, to my very great surprise, he brought me the sum of 430% as the profit on a speculation which he said he made for me, Not wanting the money, I desired him to sport with it till he had lost it. Between that period and the 19th of February, the sun which he had gained for me and placed to my account, without fee or reward, and without my controul, amounted to 4,200. I have witnos ed many di interested acts of Mr. Butt, and I think hii incapable of a dishonour

able action.