rly perceive by whom it was signed, or
from whom it came, and that he went home immediately upon receiving it,
in expectation that it might be from an officer coming from abroad,
bringing him an account of the health of a brother, who at that time, or
shortly before, had been labouring under a dangerous illness; that note
which was sent has not been produced, and no satisfactory evidence has
been stated, either before the jury or since, upon the application which
was made to the court for a new trial, to fix precisely the time when
any account had been received by my Lord Cochrane of the illness of this
brother, or holding out to him any expectation at what time, and by what
means, he was likely to hear further accounts of him. If any such letter
had been received, if it had come by a private hand, the person who
brought it might have been called to show the information which he had
received; if it had been brought by a ship, or by post, the mark on the
direction and the envelope of that letter, would have given some
explanation of it, but no such explanation has been held out either to
the jury at the trial, or to the court since, on the opportunity which
was afforded my Lord Cochrane yesterday of stating the grounds upon
which he wished to have a new trial.

There is another circumstance in evidence which I have not yet adverted
to, and it is this, it was proved in evidence, and I will not go through
the particulars, that shortly before this 21st of February, namely, on
the 16th of February, a broker, of the name of Smallbone, had drawn a
bill on Jones, Loyd, and Co. in London, for the sum of 470_l._ 19_s._
4_d._ payable to a number, upon which nothing arises, or to bearer; but
that this bill, or check, was given to Lord Cochrane, so that it was in
his hands; the money received for this check at the bankers, was proved
in evidence to consist of particular bank notes; those bank notes were
afterwards changed, and appear to have been changed industriously for
other notes, by a person employed, I think by the defendant Butt, and
part of the produce of this check had been employed by Lord Cochrane
himself in the payment of a bill of a coal merchant of his, and a number
of the small notes that had been produced by the change of some of the
larger notes for which the check was changed, were traced to the hands
of De Berenger himself; and many of them actually found in his
possession, and in his trunk at the time he was short