Star.
London, England, 1814-06-21 00:00:00

LIGENCE.

BENCH, JUNE 20.
t, LORD COCHRANE, MID
RS.

he judgment of the Court •
►e.

ailed on, when Random 4,
one. R. Cithorne Butt.
ph SAndon, and Henry
names; and the Ho-i.
ie, and AlexandockA,Rac

informed the Court that
occasion, only for Mr.
ted to them a motion in
vrit, proper to observe
e b
on the trial to adduce
u in the indictment, in a
counts in the indictment

for two years and op-
)etween his Majesty and
nd Bonaparte, toe Rokr

;tuned that too many sta-
breaking'out of the war
ranee, to make the ex s-
r requiring proof.
ned, however, that this
to our Allies : they hail 44C.
ye afforded much oppor.-
us in the contest against
many statutes.
the observation had been
the consideration et the

stated this objection,
st of juigment on the

, he had been informei,.
Serjeant ti►en appeared
iid defendants on the

nowmcrely for Mr. Butt,
uiaz-J on the two. first

rved, thlt it was rather
ace any of the parties
)11 the trial, the Court
inconvenience of hear•
nt separately.
authorised on the part
an arrest of judgment,
such 'utconvenleacY as
d alluded. He prom-

then to state the grounds on whieli he moved to I
have judgment arrested. The third count in the in-
dictment charged the offence to . consist in this, that
to produce a great rise in the funds and Government
securities, the persons indicted did conspire and com-
bine to raise false reports among his Majesty's liege
subjects in Kent, &c. and in London, thereby causing
an increase and rise in the price of the funds, with a
view to irjure all his Majesty's subjects, who, on the
91st of February, should purchase any part of such
funds. His objection was two-fold :-Ist. That
there was no crime stated in this count of the indict.
ment, known to the law ; and, secondly, If the in.
*dictment did specify a crime known to the law, the
persons against whom such crime was charged to
)lave been committed, were not so particularized as
they ought to have been. In the first place, he sub-
ini!:e.l that there was no body of crime stated in the
in.t.c•tnent : and, secondly, if there was a crime
4t.tttd, that it was too generally laid. He had, be-
these, a third objection. The intent was stated
to be, to raise the price of the public funds of this
kingdom. • Now, since the union with Ireland, the
two countries had become one kingdom ; and yet
the funds in question were no more than the Govern-
ment securities of that part of the United Kingdom
called Great Britain. He was aware of the length to
%liich the doctrine of conspiracy had by degrees been
carried : but this, he thought, he might notwithstand-
ing advance, as an inference not to be disputed—that
unless to raise the price of the funds was a crime, to
conspire to raise the price of them could not be a
crime ; and that to make it so, there ought to be
something averred which was criminal per se.
Mr. Justice LE BLANC said, the intent was charged
to be, to raise the price on a particular day.

Lord EateNcoitouctt—And that with this intent
the defendants had spread false reports. •
Mr. Serjeant lie.sr submitted that the raising the
price of the funds might be • meritorious, or it might
be otherwise. But of itself, he contended, it could
neither be one thing nor another. There was nothing
on the record to strew that the defendants meditated
anyfraud, and if such was meant to be charged, he
submitted, it must be stated on the record. To make
a case, even where a conspiracy was charged, crimi-
nal, the end mist be unlawfuh He had carefully
looked into the cases, and with confidence, averred
that none could be found in which the end was not
averred to be me.claievous to the public, or to a speci-
fied class of individuals. The ancient law contem-
plated only two suhjects of conspiracy, namely, that
of a criminal prosecution against an innocent person,
or the keeping of retainers in the country. In more
Modern times, he admitted the doctrine hid travelled
on a great deal farther, but still it never had been
carried the length of contravening this principle, that
to form a charge of this kind the end must be unlaw-
till. In support. of this position he acferred to the
cases of the King and Edwards, the King and Star:.
ling, and the King and Best. It it had been averred,
in this case, that the parties had conspired to raise the
price of the funds with the intent to defraud or injure
personsspecific ally named, he admitted the case would
be different.
Lord ELLENtioneunn asked how it was hi the nature
of things that they could have named persons, who,
by possibility, might purchase ?
Mr. Serjeant Beer contended, that the difficulty of
framing an indictment which might bring the case
within the law, was not an answer to his objection.
Lord ELLENIinItOIIGII said, the impossibility of the
thing was some answer to it, both in point Of law Ind
in point of fact,
Mr. Setjeant BEST submitted, that if the court
gave countenance .to indictments so framed, they
sraglit by possinility protest in the person'of a prose-
cetor, onl gambler against another. The names of
tie parties ainjured, he submitted, should in all such
eases be stated.
Lord Eet.e.Nummucit—" That n'ould be to make
the consequential injury the crime, which it is not."
Mr. !.;erjeant Besz wits aware that the offence was
complete without the act charged to have followed ;
but still there must be an intention averred.
Mr. Jusece D.AI4II,IEIt said, the act was complete
on the very day on which the conspiracy was put in
practice.
Mr. Justice BAILEY said, if no individual had pur-
chased on that day, srid the crime would have been
complete on the part of the conspirators, just as if an
unlawful conspiracy had been entered into on a nrar-
let day to retie the puke of any particular ammo-
tiny, so that no one purchaser offered, but ali were
deterred from purchasing. •
Lord ELLENBOROUGII observed, that where the case
was multitudinous, there was no occasion for stating
the namei of individuals.
Steant Beer, on the third point, submitted
that the funds, which were limited to the service lit
Great Britain, could nor, with any propriety, since
the union with Ireland, be laid as being the funds of
dais kingdom, which now comprehended Ireland as
bell as Great Britain.
Lord ELLENBOHOLCII said, in a larger sense, the
funds of Great B.itain and Ireland were equally tilt
fronds of this kingdom, being equally applicable to the
4er:ice of the whole kingdom.
Mr. Patric, on the part the defendant De Beren-
ger supported a similar line of argument:
Mr: Serjeant Peea, on the part of Holloway, Lyte,
and Sandell, did not feel disposed to trouble die Court
or, this pent.
Lord Cochrane being asked if he had any thing to
si!y, en this point, stated, that wfAt he had to submit
to their L,rdships woe, totally distinct from all idea
of arrest i f judgment.
The Com t then seriatim delivered their opinions,
"that where was nothing in any of the three objections
urged by the Learned Counsel for the-defendants.
Lot d Et..a.eseanoncti then read the report of the
esieetiee on the uiicl.
Tie Report being 'gone through, the reading of
wive!' occupied his Lordship several hems,
Lord CC:CI-MANE addressed the Court to the follow-
ing effect ;•‘‘ It has been my very great misfortune
to be apparently implicated in the guilt of others,
with wit: m I never had any connection, except in
transactiens, so far as I was apprised of them, entirely
blameless. I had met Mr. De Berenger in public
company, but was on no teams of intimacy with him.
With Mr. Cochrane Johnstone I had the intercourse
natural between such near relatives. Mr. Butt had
voluntarily offered, without any reward, to carry
.on
Stock transactions, in which thousands, as well as my-
self, were engaged, in the face of day, without the

•• • •
smallest imputation of any thing incorrect, I'he
other four defendants were wholly unknown to me,
nor have I ever) directly or indirectly, held any com-
munication with them. Of Mr. De BerenTer's con-
cern in the fraud, I have no information, ertept sueii
as arises out of the late trial. With regard to Mr.
Johnstone and Mr. Butt, I am willing to hope that
they are guiltless. They repeatedly protested to me
their innocence. They did not dare to communicate
any such plan to me, if midi was projected by them,
or either of them. Be they guilty then, or be they,
one or both, erroneously convicted,' I hive only to
lament, that without the most remote suspicion of
their proceedings, if they, or either of them, were con-
cerned in the fraud, 1 have, through my blameless in-
tercourse with them, been subjected to imputations,
which relight, with equal justice, have beeti cast Upon
any mln who now hears me. Circunistanced as I
am, I must keep myself wholly unconnected with those
whose innocence cannot be so clear to the as my awn.
Well had it been for me had I made this distinction
sooner.

" I do not stand here to commend myself—up
happily I must seek only for exculpation ; but I can
not exist under the load of dishonour which even an
unjust judgment has flung upon me.—My life has
been too often in jeopardy to make me think much
about it ; but my honour was never yet breathed up-
on : and I now hold my existence only in the deter-
mination to remove an imputation as groundless as it
Tit; intolerable.
4"fhe evidence which I now tender to your L”rd-
ship, will aid me in performing this duty towards my-
self, my rank, and my profession. 1 first offer the
affidavit, which I have repeated at a risk which I had
formerly no opportunity of encountering. I have
been told that I then incurred the moral guilt of per-
jury without exposing myself to the legal penalties.
I know nothing of such distinctions: I have repeat-
ed the statement-upon oath—and I am now answer-
able to the laws it I have falsely sworn., The affida-
vits of three persons, who saw Mr. De Berenger at
my house on the 21st of February, fully confirm my
statement, and I have only been prevented from
bringing•forward a fourth by his sailing to a distant
situation, before I could possibly stop him for this

purpose.
" The grounds upon which I have been convicted
are these :—That notes were found in Berenger's pos-
session which had been Changed for others, that had
once been in mine. That Berenger came to. my
house, after returning from his expedition : and that
my account of what passed at this visit is contradicted
t r evidence.
" The first ground has been clearly explained
away; it amounts to nothing more than that which
may happen to any man who has money transactions.
Mr. Butt voluntarily made purchases and sales of
Stock fur me, and having received a small loan of
money Irons him, I repaid him with Bank notes, which
he used for his own purposes. He says that he ex-
changed these notes, and that a part of the notes which
he received in exchange he paid to Mr. Cochrane
Johnstone, who states that he gave them to Berenger,
in payment of some diawings ; but with this story,
whether true rr false, I have no manner of concern,
and Consequently no wish to discuss it. In what way
seiver the notes which were received in exchange for
mice Leached De Berenger, I can only say that mine
were given to Mr. Butt in discharge of a Lonajrie debt;
and have no. knowledge whatever of the uses to which
he applied them.
Berenger's coming to my house I before account.
ed for upon the supposition of his belle: unconcerned
in the fraud ; but is it lint obvious MAL he might
have come there to facilitate his escape, by going
immediately on board. of my ship, with the additional
prospect of obtaining employment in America ? It
has been said teat there was a suspitious degree of
familiarity in his treatment of me and my house.—
I can only observe, that over his con Ana 1 had iso '
cootroul. But he knew, it seems, of my change o;
abode, which had occur' ed within a few days. I trust
it will be recollected that be is proved to have lest
town three days after such change and that though
not intimate with me, he had the means of knowing
where I resided, even if he should not have inquired
at my former lodgings, where my address was left.
Indeed, if taking refuge in my ship in order to facili-
tate his escape was part of his scheme, it was very
likely that he would .have ascertained the pikeise
place of my abode previous to his quitting London.—
Again, I am said to have left the tinman's ( where I
think I should hardly have gone had I expected such
a messenger) as soon as 1 heard of the officer's ar-
rival. I was in apprehension of fatal news respecting
my brother theiein Fiance, from whom Y had re-
ceived a letter but three days before, with the intelli-
gencemf 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 Be-
renger, whose name I was unable to decypher, and
as lit e. note announced that the writer, whom I learnt
from my servant had the appearance of an officer in
the army, who was desirous of seeing me, I hastened
to learn intelligence so anxiously expected ; nor had
1 the least douut that it related to my brother. When,
however, I found that the person was De Berenger,
and that lie had only to speak of hisown private affairs,
the apparent distress he was in, and the relief it gave
my mind to know that he was not the bearer of the
news I dreaded, prevented me from feeling that dis-
pleasure which I might otherwise have telt at the
liberty he had taken or the interruption ft. had occa-
sioned. Comments have been made on my saying
so little *to the servant who brought that note ; but,
the fact is, 1 did ask him several questions,'as appears
by his affidavit. • That I did not learn the name of the
writer from the note itself 1 have truly accounted for,
by its being written so close to the bottom of the
paper that 1 could not read it. This assertion is said
to be contradicted by the circumstance of the writer
having found room to add a postscript, as if there wa.s
only one side to the paper. Of the pustcript I have
no recollection, but it might have been written even
opposite the signature. That I did not collect from
the hand-writing that it was addressed to me by De
Berenger is nothing extraordinary.; my acquaintance
with that pei son was extremely slight ; and till that
day I had never received More than.oue pr two notes
from him, which related to din...Wilk& of a lamp. I
was too deeply impressed with the 06.4 that the note
was addressed to me by en officer who had route
with intelligence of mg brother to.apprehend that it
wits written by De Berenger, frosi whit* I. exPccte4

no communication, and with whose handimnung t
was not familiar. All that I could aftermirds recol-
lect of the note more than what is Stated in my
daiiit 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 !leis" of My btutber.
Berenger hid really been my agent in thi;
•
nefarious transaction, how I should have acted or Where
I should hare chosen to receive him, it is impossible
for me to say : but I humbly apprehend that mrown
house ivas mot the place I should have selected for
that purpose. The pretended Du 133urg, if I had
chosen him for my instrument, instead of his'rriaking
me his convenience, should have terminated. his et-.
pedition and have found a change of dress elsewhere.
He should not have come immediately and in open
day to my hotise. I should not so rashly have invit-
ed detection and its concomitant ruin.
ttit thii; is got the only eitravag:tnce of which t
am accused. What supp.sition short °limy absolute
insanity will account for my having voluntarily in ide
the affidavit i•Aticli has been so much canvassed, if I

really knew the plot in which Berenger appears to
have heat engaged ? Let me entreat Yonr Lordships'
consideration i f the situation in which I stood at the

moment in which that affidavit was made ; I was sits:.
petted of being connected with the pretended Du
Bourg; if I had known that Berenger wai the per-
son who had assumed that matte, coati(' I possibly
have betrayed hiM, end consequently myself. more
completely than by publishing such a detail to the
world ? The name of Berenger was never mentioned
till.brought forward in my affidavit which affidavit
was made, ai sworn by Mr. Wright, a Witness on the
trial, with the circumstasece preS.mt to me, and re-
marked by me at the time I deliveted it to him to be
printed, that if De Berenger should happen to be Du
Bnurg, I had furnished a clue to his detection. The
circumstante of lds.obteining a change of dress at my
house never could have been kno en it I had not vo-
luntarily discovered it : and fiats I am represeeted as
having brought him publicly to my own house, of
being the first to disclose his name, and of menticining
a circumstance, which, of all others, it scas the mast
easy to conceal, and, if divulged 4 the :nest certain to
excite suspicion ! Is it not next to impossible, that a
man, conscious of guilt, should have been so careless
of his most imminent den et ?
My adversaries dwell upon sorreesarticulars of
this ailidevit, which they pretend to find contradicted
in the evidence. The prihcipal one is my assertion
that Berenger wore a green coat. I have repeated
this assertion upon oath, under all the risks el the
law ; and I also solemnly affirm upon my honour,
which 1 regard as an obligation no leis sacred, that
I only saw him in that dress. The witnesses on the
part of the prosecution have asserted, that he wore a
red coat when he arrived in town. Granted. But
may he not have changed it in the coach, on his way
to Green-street ? Where was the difficulty, and fir
what purpose was the pea troantemi ? My own fixed
opinion is that he changed his dress in the coach, be.
cause I believe that he dared not can the risk of ap-
pearing in my presence till he had se eh-tiled it. I'
tender affidavits of these who SAW him, as I did, in
his green coat, at my house. That he sh, mid have
changed his dress before I saw him is most natural,
upon the supposition of his wishing to conceal from
me the work he had been about ; but it is like many
other confirmations of my innocence, rated to excite
no attention in the minds of those who only seek food!
for their suspicions. Much is said of the star and
other ornaments, as it any proof had been given of
his wearing them in my presence. lie to k especial
care, I .d.mht not, to lay them aside on his way,
when he had divested himself of his official capacity,
long before I saw him. The small portmanteau
before mention, al, which it is admitted he brought
with him, in all probability lurnished him with the
green coat, and received the red coat and its or-
naments, and very possibly for this reason no remark
has been made upon it. A good deal of observation
has been bestowed upon Dc Berenger's unwillingness
to appear before L iral YarmOuth in uniform, and
the inference was, that this uniform could not have
eeri the green dress of his corps, otherwise he must
have felt the reverse of uneasy at being seen in it by
his Colonel. Does any Volunteer Offices go out of
a morning to make calls in his regimentals? Could
,so unusual a circumstance have failed to excite re-
mark from Lord Yarmouth ? To me, indeed, he had
explained himself—he had of necessity told me his
nearly desperate state, is asking Me to receive him
on board my ship ; but is there any thing so very in-
credible in theetetement that he was unwilling to
tell his whole case to every body ? It may now
doubtless be perceived that he might have had other
reasons for disliking to go out in a green dress.
" Let it, however, be recollected, that my state-
ment was, that he only askedsme for a hat.in lieu of
his military cap, apd that the black coat was my own
voluntary offer. The idea of applying to Lord
Yarmouth, or to any other of his friends, originated
With me, and I proposed it in consequence of his
rcalling to my recollection the certificates he had re-
ceived from them. I then had no suspicion awake,
and I believed what he told me. In what manner
the disguise was ultimately disposed of I can only,
conjecture, as any one else might, from the evidence
given on the trial. He presented himself to me in a
grey great coat, and a green under coat ; and if the
persons whose affidavits I now tender had been exa-
mined on the trial, and they did attend for that pur-
pose, I do feel persuaded that severy different impres-
sion would have been made on the Jury and the world
at large, than that which they 'appear to entertain
and that your Lordships might have been disposed to
take an opposite view of the case as it affected me.
Those witnesses would have corroborated the particu-
lars of my affidavit relative to De Berenger's dress,
when I first saw him et my house, namely,. a grey
great coat, and a green under coat and jacket. -Un-
fortunately, through some mistake or miscoaception,
not on my part, they were letc unnoticed, and, of
course. were not examined. I have now to offer their.
several affidavits to your Lordships.
ar I would further submit to your Lordships, that
my affidavit was made at the impulse of the moment,
as soon as I heard that placsuds had been ,posted;
stating that the pretended Colonel Du Bourg had'
gone to my house ; and in the conscious rectitude of
my own conduct, I not only introduced the name of
the only effi.er I saw at my house on the day stated,
but merreteal every ocetirrence that took place, and
all the cosaversition thm wok place at the interview,

to• I 4. -r. eq. •- ." •
he bed of thy recollection. ff m a centvted
having faetC'd toe ;tenuous in, thy eonstiutnieation,l
tilik it Will be admitted, that as ingenuodsnesi
i
dis-
claims all connection with guilt, it is ndieatiie only
of my innocence: ,
•• If your Lordships will be pleased to reflect on all
that I hive offered respecting. De Berenger, and td
bear in mind the avowed intercourse which t had
' with two other defendants, respecting whose Candela
I have been compelled to speak at last, upon top-
position of their guilt, I am confident you will per.
ceive how easily any Man living. so circumstanced
might have been placed iii the very situation* But
waiving the supposition of De l3erenger acting under
the direction of either rat the other defendants, I, do
still contend, that aty man who hid stock Concerns,
and was slightly known to De Bereriger, ran the
same risk with me of being driven into the rein which,
Undeservedly* at I inn still willing to hope; has be-
fallen the others. The artifices which have been used
to eacite so Much prejudice against the, I unfeignedly
despise; in spite of the injury they haie done nit. I
know it must subside, and I 1,,,k forward to justice
being rendered My character sooner or later i it will
come most speedily, as well as Most gratefiilli, if I
Shall receive it at your Lordships' hands. I am not un.
used to injury I.& late I have known pertketitidn : the
indighity of coMpaision I am n,,t yet able to bear..
—l'o escape what is vulgarly tailed punishnient;
*mild hate been art easy thing ; but I mtist have
belied thy feelings by acting as it. I were eonscii, us of
dishonour. There are ways even of rettiosang be.
etind the reach of ignOtriinv, but I cannot feel dis;
graced white I knoW that lam goiltless: tinder the
influence of this sentiment, I persist in the defence of
my character. I have often befit in situations where
I had an oppertnnity tit skewing it. This if the first
time, thank Goo, that I was ever called Upon to
defend it."
.• Hai Lordship then handed in three afiliatrits, one
by himself, in %%hid) he asserts the truth df his affi-
davit sworn before Mr. Caltharti, the Magistrate;
another by his servant, Thomas Dnmani in which Fyne
supplies an omission in his examination on the trial,
las to the cnieur of the military under coat Worn by
the stranger who called for his Lordship at No. 11%
Greetostreet, on the :'lst Felt-tette t and tat) affide• .
vies to the same effect by the two female tertants then
in his Lor.ishio's house, but who had dot beet% at all,
examined on the trial of the cause.
The Court, however, objected to the receiving of
these tine*: last-mentioned affidavits. • The first they . .
rejected on the ground that the witness had been etaar,
mined on the trial, and could not now be allowed ID •
add ta, or contradict that lie had then sworn ; and..
as to the other witnesses, no rule was better established
than this, that if witnesses might have been adduced.
on a trial, but, from motives of prudence, are ndt
called, such witnesses cannot afterwards be brought'
forward to state, in the shape of an affidavit, what
theP know of the transaction.
Lord COCHRANE s iid, lie had tendered these a&
davits in the confident hope that their Lordships
would have granted hiln a new trial, on which these
witnesses might have been etatnined.
An Affidd,Vit was then put in, sworn by. Majpc
Erskine Cochrane, brother to Lord Cochrane, in
which he states the tact of his haeing, early in tho
mouth of February last, communicated to Lota .
Cochrane, by letter, an account of his bad state of
health. 'rne.affidavit was acconipanied by a state-
meat to the above effect, by the surgeon of M eke
Coctiranebs regiment, dated the 12th February ; but
Lord 4LLENBOROUGH remarked that there was no
evidence to show it had been in Lord Cochrane's pos-
session previous to the 2lst February ; though, if it
Was so, that Was a circumstance that would satisfac-
curtly account for his Lordship's going on that day,
from King's shop, to meet a strange officer, whom
he might expect to bring him mare recent tidings of
the state of hit brother's heal h.
Mr. BUTT then addressed the Chourt to the following
effect I
MY Lonns—l have been tried for conspiring
with other person's to raise the price of the Public Go-
vernment Funds, and also fur promoting assistance
to those measures, by the changing Of notes, and va-
rious other circuristances. I beg lea te to assure your
Lordships, that I do not address you on the idea or
wish of a mitigation of any puhishment you may
think proper to inflict upon me—it is merely to express
to you, thht my sole wish and desire is to claim the
indulgence of the Court in permitting me to have a
new and distinct trial, that I may clear my character
from the cloud with which it is now depressed, and
which had previously been without a blemiah,as
,am confluent if my case was separated from other
perions in the indictment, it would be the means of
my acquittal.
•• it was my intention to have appeared in Court
some days since, to have made the same request which
I now do of your Lordships, had it not bt'en for my
Counsel informing me, that I should have been com-
mitted directly I entered the Court, and that the de.
fendants should all appear belt re the Court would
grant my request. Ties I tounctiMposstble to.atcom•
Oise, and I declare that the defendauts,Sandon, Lyle,
Holloway, and M‘Rae, are all perfectly unknown to
me ; that f never directly or indirectly had any know.
ledge or communication,.or ever saw them in my de,-
neitherer did I ever
.tee Mr. De Berenger more than two
or three times. :4"
‘‘, I beg also to aegniint your Lordships,..thai the
Ba4li notes which have been stated to have passed
through my hands, must unavoidably so have dom.
as I permitted, 'without thinking it any crime, at the
solicit:no is of my friends, that all drafts connected
with the Stock Exchange business should be paid in
my name, whether I w.is in London or not, and I
did at any time change notes, or laud Mr. Johnstone
money, as a temporary accommodation, when he
wished it : and yet it is a fact, that I had never seen
Mr. Johnstone till the of January last. But it is
impossible for me, and certainly a vase of hardship,
that I should be answerable for the 'manner in which
those notes might be 'disposed of afterwards. There
appears no one witness on the trial that can give
any einsarndinary. reas°fourmyer I having
notes alluded to by Mr. jn ,i,ston, fo
dreds of times, have paid notes to an equal amount
migphati, paid
the
n.
to him or any other man.
to my
it, instructed my C and Connell
4. My own conscience csi
oe nfcaer
w clears
asi mfreoofm
adiveoiodinifengceivelaidne
ligation, that courted
not to take advantage of any flaw, mould theta op.
pear one in the indictment, but to force the trial to

P

issue. I can only, my Lords, accuse. myself of pee
fault, if it can be so called, that of Twit* ion generous
and unguarded upon money affairs. I Shall not in-•
trude myself any further upae your Lordships' time,
only assuring you, that the magnitude of /Di concerns
in the funds, Upon which so much stresahas been laid,
was not, according to 'my calculation, any thing,e3a
traordinary, neither was the sum I iield on the 21st
February, . an act of premeditation—my concerns
being.. as extensive before that period as at that time,
and iris prealt upon that day, which has been se ::md;
exaggerated, was only ,alO insteadabf ae3,000 as
• stated by the Counsel for the prosecution. Whatever
your-Lot dship.' decision may be respeeting myself, I
shall bow with submission, fueling conscious of my
innocence cf the charge upon 'winch I have b.en
found guilty."
On the part of Mr. De Berenger,"ati affidavit was
pm in, in a :rich he urged his loyalty for the last six-
teen years to the British Government, during which
time he had acted as a volunteer in their service,
without reward of any kind; that he had lost a patri-
monial fortune of 413,000 by the loyal adherence of
his father to the British Government during the Ame-
rican Rebellion, &c. &c. •
Mr.' Pank and Mr. Riccannson then addressed the
Court in mitiaation of punishment; so far as he was
coneetned, stating, that he had already suffered up-
wards of two n.onths confinement in Newgate. '
• Mr. Serjeant PELL; on the part of the other three,
. delendants,who now appeared, 'addressed the Court,
observing, that he had a difficult duty to perform;
Holloway and.layte having already mule a direct
confession ref their guilt ; and he
_had no hesitation,
onahe part of Sandon, in stating, that he oncurred
with them in that confession. The only point he
had attempted to urge :it the trial was, that they were
nnconnected with the other part • of the conspiracy
which . had. proceeded from Dover to London.—
He...could not now, after the verdict of the Jury, in-
.sist even on this point. He admitted that it was a
:strange. circumstance, that _Mr. Cochrane Johnstone
.shoeld, have written to the Stock Excliange.COmmit.
tee on theesubject of Mr. M'Rae's offer to give infor-
,riatiii as to the whole fraud, if a large sum was paid
to illitra; and he also admitted, that.it was a strange
co ncidence, that both chaises should find their way
teethe Marsh Gate. The circumstance nf the volun-
tay confession of Honor; ay, with a view to save
she Gentlemen of the Stock Exchange from unneces-
sary espcnce, and the confession of Lyte, also made
with the same view, would, he trusted.operate as no
small mitigation of punishment which they might
otherwise have expected to receive. He did not pre-
sume to say, that they made the confession of their
guilt under any promise of forgiveness or mercy ;
but they would, unquestionably, have .been rather
reluctant to make such confession, had they been
aware, that that would be the only evidence against
them, and that they were to expecane mercy., . San.
- don had in like. manner conlesseJ guilt; and,
though the se three defendants had sua:ai coca guilty
of a great misdemeanour, they had surely 'rtrae
they could do to. save troeble and• expense to Lae
prosecutors.
Mr. Wietfaxas and Isla. DaNalaw followed on the
same side.
.•
Mr: GURNEY, on the part of the prosecution, ns
reference had been made to the rank and situation in
life, of at least. one of the defendants on the floor,
could not refrain from expressing the feeling of sur-
prise and shame which he felt, at the lamentable
spectacle which. had this. day been.exhibited before
their Lordships. . It must, however, have the effect
of holding out• a salutary lesson to others; shewirg
us, as it most forcibly did, that conspiracy, like misery,
;mkt' us acquainted a ith strange companions. He
agreed that the case of Holloway -and Lyte was
the most entitled to consideration ; they bad spee-
dily become sensible of their improper• conduct,
and had made a discovery of their guilt ; Sandon
made no discovery, but still he did not aggravate his
offence, as the other defendants bad done, by filing
affidavits, in which they professod their innocence.--,
~-De Berenger, it now appeared, was the hired and
paid agent of Lord Cochrane, Mr. Cochrane John-
stone, .and Mr. Butt. He had, to avoid detection,
endeavoured' to escape from justice, and when sectir-
ed, had attempted to screen himself by perjeired wit.
siesses, thereby occasioning this additional disedvan-
. urge, gat where there was the hardihood to-sweat
there would also be found the credulity to believe.—
as to the Defendant, Mr. Cochrane Johnstone, the
letters produced in his defence on the trial were either
fabricated since the transaction referred to, or if they
wi re actuuily written of the dates they bore, they
wets equally a fraud or fabrication. In the one case
they were a fabrication, ex port farm ; in the • other
case it only sheered a more premeditated system of
frand and deception,inasmuch as it sheeved, that at the
lime the conspiracy was entered into the defendant had
been providing a false.and artificial defence, in antici.
pm ion of any prosecution which might follow detection.
still more d•saerate, however, was the attempt made
on the part of, De Berenger, to shew that he was in
London within so short a time of the perpetration of
the fraud at Dover, that it was impossible he could
have beeri tl.e perpetrator of that fraud. "fhe witnesses
who had been sn trained, however, and the persons by
whom they had been suborned, forgot the case which
they had to meet. In the case in question, recegni.
Rico of eounteneace had been carried to a. loath its
bad neverbi:fave witnessed; and thew was not a single
person call-don to point out the pet itg• of the impostor
who did ant single tint De Berengerthe moment hecast
his eyes upon his caintenance. Not only so, but he had
delivered him from hand to hand, till he at length
lodged h!rn in the hearse of Lord Cochrane, into which
lowa 3 net pretended that any other person answering
-o.descrii.tinii had meted on.
.the day in question.
als7then they had , the affidieit of Lord Cochrane.
which he Lail Chosen to repeat to-day. On this he
stoulcletoly,retlhat, that it Meet appear strange that
his Learned Feslittfl whoa had the tonthict of his Lord-.
ship's defence od the tr al, should have seen a wit-
rea4 relied who, itk was infortned, could 'rose the
colour if the coat *orn by Dc kerenger on the day
itaqueition to be green, e.nd yet that he should be
'afraid to. pu. ithaa qeestion to him ; not only so, but
tha: he should tort call them. The only conclusion
could efune to on so unaccountable a proceeding
teat• tbis, t' at his Learned Friend was satisfied, after,
Atratild nee that lied been 'adduced, particularly that
eteray, that if all the servants in Lbrd .Cochrane's
Anus had mons that the coat was .green no persost

would have beli,:ved tkern. • Allusion h ia.trzcn made to
the services of Lord Cochrane: those services had been'
neither forgotten nor unrewarded by his Sovereign.
He had been .raised to a high tank in his profession,
and he had been graced with a badge of dittinction
which was understood to add lustre to any rank. He
ought to have recollected, however, that those marks
of distinction, as they were the rewards for his past,
ought also to have operated as inccntives to his future
conduct. He had also the, high honour of being the
,Representative in Parliament of that city in the Hall
of.which they were now sitting—a trust which, if it
did not call on him to watch with attention the con-
duct of others, at all events called on him to attend
scrupulously to the purity of his own. Instead of
all this, however, he is seen pfactising a fraud on
the funds of the country; palming the fabricated
isle can that very Beard by whom he himself was
employed, and making a brother Officer the organ
of publishing this fabrication to the public.—
All this too cme, not from any impetuous or youth-
ful ,folly or feeling, but to gratify 2 cold calculating'
desire of gain : and to this did he add the aggravated
guilt of an affidavit, in which he was morally per-
jured, without running the risk of the punishment
annexed to the crime of legal perjury. As to the
only other defendant, Mr. Butt, he had also been con-
victed of this offence, which, from what had fallen
Frani. him to-day, it appeared was still unrepented of.
Mr. BOtt.aup and Mr. ADOLPHUS, on the same
side, did not feel it Accessary or becoming to say one
word. _ _ _

Lord ELLENisonotYou ordered, that Mr. De.Beren-
ger should be remanded to Newgate, whence he had
been brought ; that the other defend Ants should stand
committed to the custody of the Marshal of the Mar-
shalsea of the Court; and that they shall all be
brought up to receive the judgment of the Court to-
morrow morning.

JUDGMENT ON THE DEFENDANTS.

This monting, at at early hour, Lord Cochrahe,
Charles Random De Berenger, Richard Buti,:lhomas Hol.
loway; Ralph Sandon, and limy I..yie, the persons con-
victed of the fraud on the Stock Exchange, were
brought into the Court of King's Bench, in the cus-
tody of the proper (takers. . • .
'Sir SIMON Li: liCA'Ne, and the other Judges, took
their scats on the bench about half-pist ten o'clok,
and the defendants, being then called upon by name,
stood up, on the floor of the Cow- . .
Sir &slog LEBLANT then addressed thordefendants
in an impressive speech. He reminded them that grey
had a fur ancl_fall trial, and recapitulated the evi-
dence, expressing it to be .the •conyietion of his
mind, and of_bi!; ?`:other Judg,:s, that the J'Ary were
perfectly correct in tile iLfctence !they drew of the
guilt of the whole el the defendants.
His Loidship then dwelt upon heinousness of
their offence, and dr.scrii-,,t1 the coaspiracy of which'
they La,: I:eeit iu't'nd gutizr ot.e of the most het i ()us
nature. It was n;rnecl i,gainst the property of thou.
sands of unsuspeCting individuals, and was calcu-
lated upon the most cold-I.looded prilciplvs—for the
unworthy purpose of overloading the already too
fell coffers of rich and greedy men.

Needy adventurers were resorted to as the agents
to effect this fraudulent purpose, but like other cases
of guilt, the enormity and the extent of the fraud at-
tempted, brought the means of its detection along with
it. The conspiracy was conducted with all the .cun-
ning, artifice, and trick requisite in the opinion of
the defendants to effect their criminal purpose, and
immense profits to them would have been the conse-
quence.

His Lordship reprobated, in strong terms, the
attempts made by certain of the defendants to blind-
fold and mislead the public by false evidence subse-
quent to the commission of the principal fraud, 4nd
animadverted, in a particular manner, on the attempt
of Berenger to prove an alibi as heightening his guilt.

The law had wisely attached perpetual infamy to
"all persons convicted of a conspiracy, and in the pre-
sent instance those who administered justice would
corrvipce the world that the law is no respecter of
persons.

His Lordship then passed the Sentence of the
Court, which was, that Lord Cochrane, Richard
Butt, and Charles De Berenger, should stand for one
hour in the Pillory opposite the Steck Exchange, and
be impribened for .Twelve Calendar Months in the
King's Ecnch ; that Lord Cochrane and R. Butt
sfaou.ld also pay a fine of Ore Thousand pounds each
to the King. Thomas Holloway, Ralph Sandon,
and Henry Lytr, were also sentenced to Twelve
Months imprisonment in the same prison, and Hol-
loway to pay-4 line of Five Hundred Pounds.
The defendants were then led out of Court by the
Officers. The crowd -was immense. Lord Cochrane
was much affected, and seemed to meet with great
commiseration. • .

LEEWARD ISLAND FLEET.— A letter from Greenock,
of the 17th instant, says—. 4 We are happy to announce
the safe arrival of this valuable Fleet. Never, we be.
lieve, were there so Many foreign arrivals in the Clyde
iganycase day as took place yesterday."
FAkiIOU J E}B. Arri ved the Walsingham
.Packes,'lrom Surinam, with mails, in 28 days. The
Lady Arabella Packet, with mails for Lisbon, and
the Windsrw Castle Packet, for the West Indies, are
gone into the LoailitWind W.
Portmstotrtii; kat ft.—Arrived his Majesty's
ships San Domingo, Admiral Foam ; IMpregnahle,
Mzgnificent, Bedford, Stirling Castle, Norge, Ban-
terer, Tisiphone, Bittern, Chatham, and Surly cutter,
from Cherborgh.—Wind Westerly.
DEAL, Jut.z2o.—Arrived shis morning, and sailed
for the River, the Glentanmer, Lattin, from Ma-
deira; and Haren, LTC!, ER, from. Cadiz; and re-
main, 'Warren, Soffolk, Malabar, ttlirsert and Ann,
Toornat and Mary, Eliza, PrOfii*Aft, and Lord
Melville, transports; from HarfrichiNirith the Pied.
monsese Legirn, :for -Santini*: • • •
. . .

THE' g‘rIi;NIING STAR.

N DON.

TUESDAY, JUNE 21, 1814.
PRICP: OP STOCKS THIS DAY AT TWELVE O'CLOCK.
Reduced 890—Cons. for atc. 7111-4 peg Ct. ssif
Omnium, pre.—.R..ll Lung Anus. 16 13-i6ths
lculis Boas, Bs. 9s. pm—Exchequer Bills, par, 2s. pr.

Every thing respecting the PRINCESS CHARLOTTE of
WALES—the idol of the nation—excites great and
general interest. It had been reported for some days
that the expected marriage would nut take place
we did not mention it for fear of mistake ; but the
matter was last night noticed in the Hulse of Com-
mons.

Dispatches were this morning received from Sir
CHARLES STEWART, our Minister, at Paris. The Duke
of WELLINGTON had returned to Paris from Madrid.

We have given some farther extratts from New-
England Papers, of which we have now received a
series to the 22d inst. The Anti-gallican Papers pre-
sent many well-written articles against the war faction.
The success of the Allies againt MADISON'S Corsican
friend has given much point to their writing, and
their exultation comes nn way shcrt of that which has
been so generally expressed throughout the Old
World.

This morning we received Paris Papers to the 19th
instant. It now appears that the report of the return
of General BERTRAND from Elba was a mistake, ori-
ginating in the arrival of another Officer of the same
name.

• The intelligence respecting France given in these
papers, is comparatively uninteresting : the accounts
from Spain, however, deserve notice. A kind of
mania seems to have seized upon FERDINAND, which
he manifests in the restoration of all the gothic ecde.
siastical institutions. In a word, he undoes every
thing effected by the Cortes, and Spain is to remaii:.
in the same rate as in the dark ages. Should his
'plows intentions be fully realisde, Spain will remain
the only country that bas got nothing in return for
tl:c sacrifices of the last twenty. years.
Count VAUGMAUD has been appointed Governor
of Martinique by Louis. He was one of his faithful
adherents while an exile in this country, and one of
those who had a command in the (2niberoft expedition.

• The remains of the old Scots Gnards of France
have resumed their rank among the King's Body-
guards.
The law to secure the Liberty of the Press, or ra-
ther to define its privileges, is in preparation. It is
expected to be put upon some such footing as in this
country.

Tile Duke of WELLINGTON gave a grand Ball at
Bourdeaux on the 14th. •

All the fine spun speculations about substitutes for
sugar in France have vanished into air. A public
advertisement, by order of the King, for the sale of
ell the implements employed in the public establish-
ment at Rambnuillet for the extraction of sugar from
beet-root, has appeared in the Paris Papers.

" PATO', JUNE 17.

" It is nor true, ag seated in a certain Journal, that Gt•nr•ral
Bertrand bas arrived dt Pans; he has no: quitted the I,le.rt Elba.
The inibtake arobr from dir arrival al ad 015rer of t'•f. same name.

" We stated yesterday, cupyinr irons at. :her .urnai. ..!sat
prelarations were niakoig at Rheims for the Coro. Arian of his
Majesty, we•uow know that loteroal was misin.ornol"

"11 U MARI), JUNE 10.
" Letters from Vienna of the nth itt,tant, announce ::.at the
Empress Mara Luth•a is still at Schoeitbrim. She has received
v)sits troll the na. st wl persons of the Court and city
of Viet,na. EWE you tr per-. tis whom she brought with her
from France rental' in her service, the others relutti to France.
'the rung Prince of Yuma, her son, erjoye the best health."

" MADRID, JUNE .5.
" Our Of Gazette contains the Lecree of t-e King rela-
tive to the re-estahli,hment of the religious communities of wo•
men. In general, the prean.bles of these edicts recal too much
Unfortunate times.

Yesterday morning the EMPEROR left Pulteney
Hotel in a private manner, and was in conversation
in the street some time with the Earl of YARMOUTH,
WHIOUL being discovered by he populace who were
waiting to see him : he afterwards mounted his horse
at the Mews, adjoining the Hotel, and proceeded- to
the review in Hyde kark, attended by his Aides-de-
Camp.
'1 he Emperor of RUSSIA, accompanied by the Arch-
duchess ofOLDENßuitott, and the Countess of LIEVI,X,
went into the Gallery of the House of Commons,
titter the departure of the King of PRCUIA. Before
his arrival the great body of the Members had left
the House, and his Inwerial Majesty only heard a
debate on the Irish Distillation Bill.

The Royal Sovereigns did not dine with the Duke
Of CAMBRIDGE, as, was expected. The EMPEROR and
the GRAND Ductless dined together priv.itely at three
o'clock, at the Pulteney Hotel • at ten they went to
SVulrE's Fete, at Burlington
WIDTZ'S GRAND l'sre.—This magnificent enter-
tainment took place last night : the interest which it
excited in the fashionable world is without precedent.
The company did not begin to assemble until a late
l'hour ; but long before the first carriage had arrived,
all-the streets in the vicinity were• crowded with peo-
pie, anxious to see them pass into this terrestrial pa-
radise.

The first Five Numbers of if Voyage round Great
Britain are just published by LONGMAN and CO. Con-
taining Views of Comhe-Martin—Lynmouth—llfr.t•
combe—llfracombe from Hilsborough—Hartland
Pier—and Cloven'', North Devon—the Land's End
—the Long-ships Light-house off the Land's End—
the entrance to Portreath—and Boscastle Pier, on time
coast of Cornwall. The Voyage is written by Mr.
RICHARD AITON, and illustrated with coloured
Prints, engraved by Mr. WILLIAM DANset.i., from
his own Drawings, made during the Vayage. It is
ptblished in Monthly Numbers, etch Number con-
taining Two Plates, et:floured, with sixteen pages of
Letter-press, price 10s. 04.