believe that he was
at another place at the time, and that it was not De Berenger who had
appeared at Dover; that it was not De Berenger who had travelled from
Dover to London in the way described; and that it was not De Berenger
who had been landed at last in the house of Lord Cochrane.

Though the court could not consistently with its rules hear the
application for a new trial made by my Lord Cochrane within the first
four days of the term, yet still it was willing to afford the
opportunity at any time to state circumstances which might operate upon
the mind of the court to show that the verdict had been improperly come
to, and that the evidence did not justify it: but what was the attempt
upon the part of that defendant, my Lord Cochrane, to show that he ought
to have had a new trial?--that certain witnesses who were present at the
time of the trial had not been examined; and that some of those who had
been examined had not been examined to facts which it was wished they
should be examined to; and what were those facts? why they went to show
that at the time De Berenger was at the house of my Lord Cochrane he
appeared, not in a red uniform, as was described by so many witnesses,
and among others, the person who landed him at that house, but that he
had on the green uniform, in which, from the situation he had been in,
in a rifle volunteer corps he had been in the habit of appearing. It was
probably a very prudent exercise of discretion in those who had the
conduct of the case of that defendant at the trial, not to attempt to
call servants at the house for the purpose of disproving a fact which
had been proved by so many witnesses; and it is impossible to conceive
that any change of dress could have taken place during that short
interval, from the time at which he had got out of the coach, to the
period when he had appeared before Lord Cochrane; or what could be the
motive for changing his dress, if he then had on the uniform of any
corps of volunteers in this town.

These are the observations which naturally present themselves as arising
out of the detail of the evidence which has been read. It cannot be
necessary to expatiate at all upon the nature of the offence. It is a
conspiracy of the greatest magnitude, and of the most prejudicial effect
to the community; it is conceived in mischief, and a great deal of
deliberation practised previously to its being put into execution. In
this respect an offence of this descr