The Sun.
London, England, 1814-07-20 00:00:00

' , • . . .
0 rune' a'nd entleaV;6iiie.a.. CO -A'n, i , a Plac of re=
,i fu in his ship ?. -Amid it was ittipi°nestiibltlise..;infs:i).;
li the is 7
.`bl Lord to have §eeti hint
r toation without having, been
ifacts
( acti"u; The Jurv. had been told these
privy to the
ii by the Noble Judge; but he Left them to consider.not
ilvliether front these facts they could or could
race the connection. But there were
o•t}i-lit
gtounds why the Noble Lord (Cochrane)-
er
, lititled
tte,,,pte•to the
,protection of the House; ‘?5
eliad
d to tnislead the House by
misrepresent-
men tate,
i -
I's tlie transaCtion ; for if the Noble Lord's
t were well founded," a gang of conspirators
1,,,41:'5t have been presumed to exist in the J
z 11 win' appeared 'in evidence
Ilene oath's would he, invalidate(} by a fullneces-
against-hlin:,Ywjlciorese-
zence in this statement. It was therefore
to
~arY, wheit talking' of
.Lord Coehrane'si oath,.
'zei!ollect that these
first
°. When he saw the n tl
of
oaths
ialel
perSoanlsDelsveoffenoienn of the .
',- It at the bar, men who, -he was sure, if poilliii
the ?rseentions could exist,- would not Le
party pleen,
a„n"elves to its could exist,
from
1,1•11sed of im it • •conduct,
-'s illi„ ,I °PA
}she w' '''ll4tion. 'the :Solicitors .
he coulditrse-s,tratin
siou . °"'‘ . • by Lord.
te as lion -able men as any in tbepro: k.:0,14,41:nd even those were supposedofa
geoss dere-
-1("eltion-,1f• (tit'''tYli•avie'llbeeeNnobgl'eliLltoyrd.
1 d been in
but he la
had complained
footled -ission iii the brief ;
ics,rott.'hat that brief was drawn up from the
the j\roi)l,a°3 of his Lordship hinisell ;- it was.._,_ r_eardillys
le Lo t -
appr„bati ri.
of
Vittits w...°11. Tile examinations
of one of'these
eXaniin.',.( read to him, and a partthe
his four ser-
Noble Lord
bilbsett.4'lons was corrected by
bets Vace, ' a"d,yet,the Noble Lord
and NI (• r safis he was careless about this ge
evidence.
up in his
!1.4-itthi,tivie
hole'
of the circumstances- arising
_ _Lid, as to
o'4", the vie
Lord's conduct were to
ti •, tile c
extending; the mercy
ei that town. froin
ete I.` 'vas solicited, if the other
w NiTheir
delinquents
'tgal,thos 'e,suller the full sentence of the la •
Noble
‘l,a, ° felt for the sihiation of the
the ( jrailed fo . i •
e per„,, 1 tins extraordinary
House should re-
Iteolk.,t
tl'ilwittre of the Crown .the
interference with
as,"o e Person on whose account the appeal
Ninetita% and xvliether he had noittisltowences• If
fallen from•the
the pin: °0 which he stood by
the Pvlia-
-11144 „fr,?; ()fight to be abolished, e :t'olll, , 1-'o,l4land abolish it 5
Itclivi "" set as•id . the punishment in favour r
but not. ad.druersso..tahtel
th °oat. -n 'r` id
at ti'tr'e 4.,esioes, Gentlemen should
1114 tii,,was another .Hoi.ise of Parlamen_ ,
recollect
4'114 l`
I"`v or tro,land cannot be
tl. e of e
Gen -
altered by the
"kill , °ominous alone.. .The Learned
0,
4,. toe!,
vati Proceeded to eomment ti, ons ,
eeu in by Lord Cochrane
on other U
got lAlPliti -It c
N 'et anew I-- of his Lordship thatrefl)aetivceoutiod
I f adants
tete64,:„ trial,
_because all the te el
ige ,/,,,t,,.! Colirt.. 'He considered the answer of
'',°ql e''' ""' be wise" and _legal!
the 1,,., 't that be hail statcdno grounds t
when' e infohned
la 1',,,,41 lilt of the rule. It was, a r
ooleauthorizel
Itvoiliti leachaod wisdom, any aberration from which
as
Lve,'Y ri,,-to the most serious consequences ;
Ile
ll'e'" ii, ei'mal would thenceforward conceive
e%)n''llg t° do when convicted, but to try
It ~.-eriaiel),
~..1. on the wholc,
14,, sof „t; .'t a PC'.
thatlll"l,t t-. was not time
•t ,'et fur
~1-nion tuat IL: ,i,
siirk'aietlt ts'"etion, if he might so say, to executedlie
tit."11(1 . (Ion" the subject now before it ; an
right,
whirv()
oftevellaoi that he neither thoughtui.tas‘.v:us'ere.,.l:
,1 'stittitional, for them to interfere i
that
41 elller tie N-Phle Lord. - But he
v 'Y tiiii, 'e punishrueut were or were not inflicted,say
‘v4- this a'' wl'ielt he had deemed it his duty
it kith the.ceasl(ln would not weigh
ii,,,The'i,,e who could advise the Crown to •Ten.l
as one- feathertit
Beat ti earned Gentleman concluded with
advanced
11,44 tio Mier
all the arguments he had
hill! there '"1. object- than to convince the House;
411 le!' ot jtvira nothing in
.Lord Cochrane's case 4:1441'6 tl;,.',lte to call for their interference. ,
r(s --..elore v 0..,
ao., •
15. s•
the
4,11;r• 111„, Lc bainst the Motioti for
•
tk ' floli, ;Li" was of an opinion entirely diffe7
I,,Press thi"le Learned Gentleman, and he would
ill's(lty, ds this "Pn- as decisively, though not so
4,.' wits a e 114(1 done. He felt convinced. that.
Iviie far the lit °l)Portunity for
_the Irouse,to •in tet -,
a part of
li,'sQ ii%„; iellefit of L•nd Cochrane,
tviietoo, Qintilent did ;lot stmt to .bt.....ca,11ed for.
'lir', l'e wit, ead the report of the trial and the
tiln It to 611 411 possible attention ; and he de-
qle \VHS ii e his firm conviction that Lord Loch-
1,,
to 'l','..lcleent. It had not been fully proved,
lie "ost its n-lin‘cl, that Berenger had gone to
wa , (4 bis Lordship with, his privity, Iv sex
li,. 'lt p, P'(:t e it or that
II*" .•,,t --tlin •( (1, 4:re ; and the way in which this
'44 -41glit iti 'ti Ile proved was unsatisfactory.
b(11-4'een hi,h, wits not proved that Lord Cochraue
ull'h'ci, he 0r ‘Vollill have seen tit,e Nzitisn, was stated to have worn as Ete
him, in the
tif, lawore,"Qdthat liewas not guilty, he,
f.. 4. .reachil), ae(loailited with Lord Cochrane, had,
though
i,i, I his j,,,;"„ ith,e trial, introduced himself, to in-
•it,e4te, .''11) that be was coiivinced of his
c iiMail, uni'l t° ask if he had any objection
val,l Nue (I),te °r two points which appear-
t(i the ('Lgree doubtful. Ilis Lordship had
41,1;ive l' ciltest favour al,
411 t 'll any y one could
'l•4,
tappeur •,( : opportunity of explaining what
ti,,, 1(ler sn ~,t ) liiin of a doubt Itil nature. It
'towel an : (-;1 circumstances ,that he had con-
t.i. hi •01 uyttinaey
.1 t
i).lr it,,,oe
1, , with Lord Coc.hrane, w._,h,ichi.
'e(l, ''''t of flit " "nig as he lived. - He wished
ii4:(444'11'01 "e Noble LOrd's. motion to be omit-
•!raii, hvpraYed that the punishment of Lord
th,,,i'lliol, 4th,e, Pillory might be remitted in con-
,i:;tl,l6.oellet:rizi),,tl;isatpast services. He wished the
that part of the sentence Might
thicie` 1.0,,,,(1: Into execotion, withoot stating on
'Ft!, 1 ' it,„ ,!beir Prarer was founded. He eon-
fje 1 'nig as aria in. i
-eciun
es •, it,„
~ ,__ lin Mein, 'the, MTh...
t1(11\l' "I ennSniCratiou of his_ past ser-
,o•p•r .
..
ii• •Ie \I . P.gLeN, 1 •
'''ll ' otio °userved the Noble Seconder
.leit ii".l kt: l'a (Sail, 'tho'se- who on a former
p . -ira. , al,- e
t.w...0t, were
ty zoubt of ' the guilt of Lord
,le
" of 4(1:11...u"Und tO vote for the address.—
Nittl'e ‘,l'''re the rt:ent opinion, and begged to state
i;(ettsjuil
~,tisoit Il•hicii. influenced his Vote 0"
I'le 1)1)3 "I I '
il 1.,,,,, se thent..te,4 tO, and ‘vlly lie should this
acit . o (i,„r I ,lotioli before them. Tile No-
it,"ll,ii::',. tiaa, ijo(4rane),. in the statemeiat lie
kyi I 11,1 p,..11,1 , , had asserted the Judge, in
' Nee ° given tloit I 1• .oved
)of whie, . to tle.my ab pi
u- no proof had been giveu—
,

,;...i,
,I)11'

iorr

COO.

17cr
rel

1, that - -
name e erenger la( gone to )a-
wned in the COsttime of hi 4 crime. .Had it turaed
out that .the Judge,- in-iniiritning uji; had made any,
material miS;statentent, this was a circumstance
which would have had great weight with niaiiv:—'
He had since read the trial iYith as Winch attention
as he could' read any tiling, and the effect of it on
him was to re-establish that conviction which
had at first hail of Lord Cochrane's goilt. De Beren-
ger had been traced from Dartford in the costume of
ibis crime: Every witness had spoke to the star,&e.
which he wore till he arrived in London. The
waterman who saw him into the coach 'did not
mention the star, but he stated' his.coat to bave
been red ; and crane, the hackney coachman, bail
most distinctly sworn to' its having' been of that
colour. Now, if it was not asserted by these
witnesses that they saw the star and order sworn
to by the Others, as they had given evidence to
the colour of his coat being red, he thought, it of
little importance that they had not mentioned the
star, &c., and considered Lord Cochrane to, have
.greatly overstated the conduct of • Lord Elleo-
hoyough,' in his description of that Noble Lord's
summing up. Here heread part of Lord
Lfleti-
borough's Address to the Jury, from which it ap'-
peared that he had said, they believed he (De
Berenger) had gone to Lord Cochrane's in the
dress and with the insignia described, they must,
find his Lordship guilty, but, on this, he added, it
was for them to form their own judgment. He
thought the
_colour of his coat' having thus been
proved to be • red, justified his Lordship in the di-
rection which he had given the Jury, and for him-
self, after giving the evidene.e the most attentive
perusal, he was sorry to say it, but with the Soli-
citor-General. he must declare that had he been on
the jury he could bare given no other verdict than
guilty. With respect to the motion before them,
he certainly thought the present. was riot a case
in which that House Was called upon to interfere,
and should therefore vote.against it. -
Lord A: HAMILTON, from his knowledge of
Lord Cochrane, was *much disposed to believe
him innocent. It was possible for all those cir-
cumstances, to have Occurred which had been, stat-
ed to hear against • Lord Cochrane, without his
being guilty. If he could,believe the Noble Lord
capable of making the statements' he had made,
knowing them to be false, from the evidence given
on the trial, he should (in that case) consider
guilty of the offence of which he had been
convicted; brit not believing him capable of such
falsehood. he must come to a very different con-
clusion. He proceeded to comment on parts of.
the evidence, and to argue, from these, in
,favour
of the presumption, that Lord Cochrane
was in-
nocent. He thought the sentence'imusually se-
vere,- both as to the offence, 'and 'as to the
son; but when Laid Cochrane denied this, it was
not for hint to urge it further. Puy himself, as
be had very strong doubts of his Lordship's guilt*,
he should vote for theanotion; as it was proposed
to he amended.
• •
Mr. M. A, TAYLOR objected to the motion, as
calling on the House to 'Overstep their: duty by
interfering in this case. He' had not .read the
trial ; the verdict was sufficient. for him, and if it,
were not thought so by the- House, he begged of
them to consider into ivhatn labyrinth they would'
be led, if they took upon 'themselves to re-try the
_case. The punishment of. the pillory, as applied
to Lord Cochrane, had called forth much disap-
probation. He regretted the sentence,:but Would
not arraign the conduct of the,Judges, nor did he
think it was for that House to address the .Sove-
reign on the subject. If it were too severe, the
confident: ! Ministers of the Crown could advise
the Prince Regent to remit a part of it, and he
thought the case bad best remain for decision
where the Constitution had left it.
Mr. W. WYNNE contended, it was in no Way
a violation of the Constitution for that Hot's° to
interfere-on this, subject, as there was no prero-
gative of the Crown with which they had not a
right, and with which it might not, iii some
in-
stances, he their bounden duty to interfere. He
could not consent that that House should' be.
shorn ofits importance, and said to' have no right
to address the Crown on such an occasion. If
they thought the sentence too severe, it Was .as
much their diity to address the Sovereign to remit
part of it, as it was that of his Ministers, if they.
thought so: He had from the first been of opi-
nion the evidence given on the trial was sufficient
to warrant the conviction of Lord Cochrane,' and
this opinion was confirmed by every thing he had
heard. As to What was said of Dc Beriniger hav-
ing a dhange of clothes in his portmanteau, he
thought it would be very extraordinary if it could
be proved that he had taken the precaution of
taking with him a change of clothes, in which he
could not he seen when he returned to town, and
which lie was obliged again to 'change at Lord
CoChraue's. This was certainly possible; but it .
was very far from being probable, and' it was
for the Jury to decide if it Was entitled to cre-
dit. Entertaining no do-nit whatever of the
guilt of Lord Cochrane, he would be the
last- man to inculpate the sentence, br to at- •
tempt to obta,in. from that House •declara-
tion that it was .too severe, but he would
put it to them whether his Lordship's paSt ser-
vices did not entitle him to some indulgence?. He
.did not know that he could vote for,the amend-
ment, but still he wished that part of the punish-
ment remitted which - had been so generally ob-
jected to) and he submitted, that Lord C, de-
prived of his Naval command, and of his honours,
as a Knight of the Bath, though the other-parties
convicted stood in the pillory, and he -did not,
would ,Still be punished as severely as' they were.
He thought the past services of the*Noble Lord
might be allowed to operate somewhat in his fa-
vour, or that, at all events, they should not be
considered' as. aggravations of his crime. They
ought not to be considered as written on sand—
soon effaced as, though they had never been, still
less ought they to make against him—that be-
cause he had formerly deserved well of his coun-
try, he should now be punished .worse than ano-
ther man for doing ill. Heishould vote in favour
of the original motion, and if Minklers could not
agree to it, he hoped they would prefer moving-
Ore previoui question to meeting it with a flat
negative.

Mr• HURST spoke in favour of the original mo-
tion, and contended, to, Vote the Address- pro-
posed would be nu improper interference with the

pr'erOgatimeS of the Crown. The sentence of pH,'
lory, -he maintained the piddle had been Of °Pi-
ni'dn; might have been spared: Ii fras more ig-
mithinious-ilian the alleged offenee called for:
. Lord CASTLE REiG-11 adaiitted the .right o£ time
I-muse to interfere jsi cases is here a sentence was
held too severe ; but in Modern times.,--Since the
independence of time Jthiges was establisliel, this
practice had seldo.m been resorted to. On the
ground that- it had not been the plractrce.
Modern times, and on' the ground that
there was • nothing Id this :Particular case to
call for such interference ; he ahodld object
both to the: original motion and the amend-
ment.,, The Noble Lord then adverted to the
strictures which the speech of theSolleitor-Getithii
had called forth, add defended the coarse be had
taken in interposing his powerful arguments and'
character in defence of that system of which he
was_ the ornament, to rescue the Judges who pre-
sideds-on the trial from the charges preferred'
against them, and in explaining that which had
been represented to be a material Ink-Statement
on the part-of the Chief Justice. Looking attire •
evidence given on the trial, it was impossible for
him to call in question the propriety of the con-
viction or of the sentence. He- wits sorry to be-
oblig-etito believe Lord Cochrane guilty, after'.
reading the -affidavit he had made, 'but- it was-
some consdlation to iris mind to know that that
affidavit had been before the, Jury, when they
gave their verdict, having hen given 'in on We
trial, and given in On the part. -of the prosectm;
tioo. it was a ,most, grievous feature in the,
case, that a man of 'Lord Cochrane's rank and
character should -fait so- low as to receive such.
a sentence as had been passed`•on him ; but he
(Lord Castlereagh)-could. not cons-ent, because
this was a distressing case, to establish a pri-
vileged order in this conntry, who, 6'llollld lie
exempt from those punishments which won't, fall
on the heads of their inferiors in rank, offend-
ing the same way as themselves. - He was not for
supporting an aristocracy, who, if their .minds
were so debased as to commit those crimes, which-,
in the: tower orders would be, severely punished,
should be suffered to escape,with impunity. The
great merit of our laws was this, that they made
no distinction between the rich and the. poor, be-
tween the man of,tank• and the humble ilbouLer:.
He.did not mean to say, the cirettnistanceS of this
case . did not add to the pain of the transaction,
but he could not consent- that the punishment
should, be remitted, because it was the case of an
Officer winmse splendid services-.had formerly gain-
ed the approbation of his countrymen. Jt would
tae a most dangerous principle to establish, -that
either rank or professional merit should screen
crime fi'bin punishinent. He thought it Material
thatit'shotild be well known what. was the malignity,
he ,should rather say the tOrpitude Of -the crime
(which an attempt had been to treat lightly omit
doors) and. what its appropriate punishment.
Such. an offenae ought not to be yiewcd with
indifference; regarded •as an exercise of in,
genuity, utsr :spoken of with so munch tenderness
as it had been Spoken of in that House: by an
Hon. Baronet. For stn.!) a frict,L, uk, t,U331.114,
cheat largely`tte-King's"Silbjects; he did'not think
the sentence-which -had been awarded, at all ob--:
jectionable. lie did•not sneak abstractedly of the
punishment of the pillory ; that, if it were drought
d
'improper, might he one away, but it 'Was enough
for them to know, that the 'Offenee which had
been committed,. Was an infamous crime, and as
such, While the punishment referred to Was -sanc-
tioned by the law of the land, time Judges were
not only competent, but it was their bounden
duty to apply it' •in such a case. In giving
that -sentence ‘vhicii. 'they had passed on time
conspirators, they had npbeld the justice. Of
the country, and supported its best •intekests ;
for the offence in question, if held to no crime,
would make all property insecure, and subvert the
whole system of British jurisprudence. The law
had done its duty, the Bench had done its dmity,
and nothing now remained but to leave the Crown
to act as it should think proper under all the cir-
cumstances orthe case. No case was made out
that could justify Parliamentary interference, and
he should therefore,' however painful the task, be
-obliged to resist the AddreSS. The proper course
would be to leave the remission of any part of
the sentence to flow from the legitimate and
ordinary fountain of mercy ; and he had no -he-
sitation in saying,- for he thought he might as
well then state time fact, the Crown had al-
ready-taken steps for interposing its mercy, and
remitting the punishment of. the pillory., not
only in the case -of Lord Cochrane, but in
that. of •all the parties included in the sentence.
—(Hear, hear !)—This step- had been- taken not
in consequence of any doubt of the propriety of
the conviction or of the sentence, but it had been
found the crime for which it had been awarded, was
happily so little known in this Country, that i(was
thought, after the waning given of the ignominy
attached to it, part of the punishment might in
this case be dispensed with, from the infrequency
of the crime, without danger. It was on these
grounds that the Crown hail been advised to in-
terpose its mercy. He was anxious that this sin-mid
be distinctly understood, in the hope that -the mo-
tives by which the Sovereign had been actuated
should not be perverted—that it ,should not be.
supposed to originate in any doubt as to time pro-
priety of the conviction, or of the punishment
awarded by the Judges. •
Sir FRANCTS .BuRDETT was desirous of/vindicat-
ing the character of Lord Cochrane, and coin=
plained that the Solicitor (general had, -in sonic
measure, departed from time general fairness •of
his character, in the manner in which he had
spoken of Lord Cochrane that night, as speaking
in the character of Solicitor-General he-could not
have a turn in his mind 'against time subject of the
Motion. The Hon. Baronet then went on to,
show that Lord•Cochrane bad not been Well de-
fended-7-that'from the unjust and unconstitutional
proceedings out of dOors, which preceded the
he went into Court prejudged'. • Even his Counsel,
from the manner in which theyhad defended him,
seemeditohave felt this. This was proved by the
circumstance or a much greater impression hav-
ing, been made ,on 'the public by the speech of
Lord•Coehrane, in the- Court of. King's Bench
than bad previously been caused by time State-
tuentof hiS Counsel. He believetfthe brief might
have been read twice over to his Lordship, as

, . • • .
Afaied by iLeOr-General, yet laS bead, 1114
topliiiis to
attention
this from
tent on other seheMes and
pay little fir tt>i
WhiCh Iset: nae i:s s
e),,it, 641
that
the c t
t‘hr
voted his tithe, had Catiged'hini to
e
Betenger's coat Was red; which was- refund in h'
and Which could not have escaped bini; if he had,.
consideration,given it any
1..,1.,ea.ei.,ffn
n t.
Fri the,chatge of
it in his `aflidarjt to : e
(limed. This word was a.great peace-maker;
ws it not known that this trial had been Sent by
the short-Blind writer to Lord EllenbOrciugh to be
corrected ? At present he did tint know that this
was actually the charge -deliirered by his Lord
alp, and the only way by which fit conld-
ascertained, was to call the • short-band Writer
beldie them, and eitamine him at the bar:
,The
Coachman and post4ioy who had given .evidence -
against Iris Lordship vereperson3 of had character ; •
but Tassinit over thi.;
.and admitting that Lorit
Elleaborough had used the -word he
\ manlier in which it was set &hen. in the reports
the trial, he still contended the summing up was
,incorrect. He gave the Regent credit for the inn-
'tires by which_ he Was actuated in remitting the
most ignerninioos part of his putiiShment; but he
acted On the Most extraordinary 'advice he had
o'er heard. If he were to go into the'lobbv, and
tell any one that the offence-of Which LoNI Coch-
rane had been concreted was little known in- this
country, he.should expect the person, to laugh iii
his face. He was pleased with the determination
of the'Prinec 'Regent, bat surprised at the utivree
on which it s was founded: The motion before
.the House., though was noi3 useless to go inter
it, in no way 'interfered improperly with the pre•
rogatite of the Crown.
The ATTMINEV-GENERAL wit of opinion; that
marking the crime as int:anions, the sentence
awarded,: though ..not carried into effect, would •
operate as alvarning, and prove a salutary ex-!
ample.- He : commented if) severe terms on the
language held by the friends of LOrd Cochrane
and the Honourable Baronet on the subject Of
trial by Jury, when its decisions .were unfavour-
...
`able to them. They were ready, to pull down.the
most sacred ;imitations of the land when they did
not appear likely at the moment to further their
views. ' Idc thought it probable that the report of
the ti A 1 had been sent to Lord Ellenborough, brit
he was sore not otily that he would not, but that
no, one oft the Judges of th‘ land would alter
a report by the insertion of a single Word,
wickedly introduced.to take from, or to add to tile
strength of what he had said on the trial. Tire
-person who hail reported phis trial, he ol3f••
served, was well known to .theme as the sworn
short-hard writer of that Ilouse, and had any
.
Judge proposed to alter
,his repOrt, he Was stir#
that honourable am! respectable person would OE ,
have consented to it. He noticed the arguments
used against Special Juries, and asserted; that it ' •
it were attempted, it woukl be as impossible to
pack a Jirry in London, disposed to lead them-
selves to a Judge,-as it would be in any other part
of the empire. He defended the Solicitor-Geotriad
trwti tue-cnarge or coming to the disciilsion of
this question with any unfair bias on 1 is mind,
and-declared bot,li his Learned Friend and himself;
effectually to avoid lids-, had declined taking part
in the proceedings. 'lt Vvas said that the Noble
Lord had been badly defended, but it was well
,known that the Geotlemen Who conducted his de-
fence were men of skill and -experience, and his •
Lordship'had only been unfortunate iii advocates"
this evening. The Learned Gentleman:then exa-
mined the nature of the application for a new
andsthe contradictions ip WhiCh it inVolled
Lord Cochrane. On that occasion the :Noble
Lord humbly.prayed the Court to grant• him a
new trial, on the ground of error in the brief,
which, so little was he conscious of having com-
mitted. any crime, he had suffered to be used with-
out his reading it. How could he find that error..
without reading the brief ? Now it had been po-
sitively :stated by his Right Honournable and
Learned Friend (the Solicitor-General), and even
admitted by the Hon, Baronet, the advocate of
the night, that Lord.. Cochrane had read the
brief; and he was surprised that it should have
been attempted to excuse his LordThip, even in.
ease lie should have read that document, by saying
that it was drawn in a technical manner, and
might easily not be understood. by such a plain
roan as Lord Cochrane. He maintained that the
examination of his Lordship's servants had been
taken before 1101, and, in some .instances„ cor-
.rected by himself. 'He. could not bring forward
any thing new, and as he had not made out any
case of surprise or error, the Court could not g 0..)
beyond its usual rules, and grant the object of his
application. The I-16n. Baronet had. complained
of want of information on the merits of the
case; he should point out a way ,how to ob-
tain that information. Lord Cochrane's Counsel
and Solicitors were now mute; •but it de'pended •
on his Lordship to unseal their lips. Let him
therefore empower them , to reveal the na-
ture of the evidence which they had to bring for-
ward, and which, through the supposed error, and
it would be seen whether the motion for a new
trial would have been well founded. The Learn-
ed Gentleman then descanted on the pretended in- •
noeence of De Berenger, and asked the Hun, Bart.
whether lie thought that this had been a Govern.,
ment plot to hunt down a political rival, whose
rivalry too-was. totally uniniportant in the House
He had asserted, the pillory would be dreadful
punishment for Lord Cochrane, both on account
of his birth, -and. his public services, but unless hp •
had been - sorely misinformed, the Honourable
Baronet himself, was represented as thinking
that -the pillory could. be made honourable by
the rank and distinction of the individual con..
demned to stand in it.—(Hear, hear !)—Tlic
Learned Gentleman then recapitulated theevidence
brought forth on Lord Cochrane's trial, and
thought that the pr9Ofs against Mr. Cochrane
Johnstone, as far as Mr. De Berenger-was COW.'
cerned, were-not as ample as against his Lord—. •
ship. He would lay•his hand upon his heart, and •
say that he believed, that when 'the prejudices'oi
the moment should have lost their force,-the pub-
lic would do justice. to the Grand Jury, time '
Judges, and the Court who had passed the sen-
tence, and would confirm their opinions. He re-
joiced; at the same time, in consideration of the
feelings of the Noble Lord, 'and still more of Ouse