that day.
The additional circumstances which are proved in evidence, and which I
will only now shortly advert to, are those stated by the broker Fearn,
who had been the purchaser and the seller of a considerable part of this
stock for particularly three of the persons, Lord Cochrane, Mr. Cochrane
Johnstone, and Mr. Butt; he was introduced by Mr. Butt to my Lord
Cochrane and Mr. Cochrane Johnstone, and had managed, or appears to have
had considerable hand in managing, these speculations in the funds.
In addition to that, it appears, that afterwards, I think, on the 27th
of February, De Berenger disappears, and is some short time afterwards,
the particular day was not, I believe, mentioned in evidence,
apprehended, passing under a feigned name, at a distant part of the
country, with considerable property at that time in his possession,
having been before, up to the 21st of February, living as an insolvent
within the rules of the King's Bench prison.
The question which is next material to be adverted to is, how far any of
these circumstances implicate the defendants who are found guilty on
this record. I have stated the circumstances with respect to the minor
actors in this conspiracy. De Berenger, who was the actor and the
propagator of the false rumours from Dover to London, and the other
persons who were the propagators of these false rumours from Northfleet
to London. It is singular that De Berenger should instantly drive, in
the dress in which he travelled from Dover to London, to the house of my
Lord Cochrane; should instantly send and have an interview with my Lord
Cochrane; and that in the presence and with the knowledge of my Lord
Cochrane, before he left his house, he should change that dress in which
he had arrived, and should go away in a dress of my Lord Cochrane's:
those are things which could not happen by accident; and the court see
that they have not been accounted for in any satisfactory manner; and
they certainly were not accounted for in a satisfactory manner to the
minds of the jury, who have drawn the conclusion of guilt, by any
explanation which was then given, either by word or upon oath. The
manner in which it is attempted to be accounted for is, that De
Berenger, who was but slightly known to my Lord Cochrane, had come at
that time to him upon some other business; that as to the note which he
sent to my Lord Cochrane, and which has not been produced, my Lord
Cochrane at the time did not clea
|