plans; you shall
see them; and after you have seen them, if you are called upon by the
evidence produced in this cause to convict De Berenger, which I hope you
will not be, you will lament that you are bound to convict a man whom
you will find to be possessed of so much ingenuity and taste. You will
find that the sum paid is but a small remuneration for the attention he
had paid, and the skill he had bestowed, in the service of Mr. Cochrane
Johnstone; but whether he was well or ill paid is not the question; the
payment of the money, I admit, renders some explanation necessary, and I
will give it to you.
Gentlemen, I come now to the case of Mr. Butt; and with respect to him
the case is very much like that of Mr. Cochrane Johnstone, therefore I
shall have occasion to trouble you with but few observations. He is
found to have had a large balance on the 21st of February, but he had as
large a one before; he sold on this day, but he had sold a much before.
He made only L.1,300 on that day; he had made much more on other days;
there is not an atom of evidence connecting him with Mr. De Berenger;
but the taking of the office applies to him as well as to Mr. Cochrane
Johnstone, and also the circumstance of some notes being traced into his
hands. Here, gentlemen, I have a difficulty with respect to Mr. Butt,
which I cannot explain by evidence so well as I can the transactions of
Mr. Cochrane Johnstone; but I am persuaded you will feel that I can, by
observation, as completely relieve him from the effect of those notes
being in the hands of Mr. De Berenger, as I have Mr. Cochrane Johnstone.
I will shew you, by the testimony I shall call, that this debt
discharged to Mr. De Berenger, or the sum advanced by way of loan, was
principally paid in one pound notes; if so, that will account for the
whole of these one pound notes; and as to its going through the hands of
Mr. Butt instead of Mr. Cochrane Johnstone, is it any thing wonderful,
when you find him acting as a sort of agent for Mr. Cochrane Johnstone,
that they should have passed through his hands? But it will appear, that
all the notes found in the trunk of Mr. De Berenger got into that trunk,
either through the loan or payment of Mr. Cochrane Johnstone. One of the
witnesses called for the prosecution has proved the payment by Mr.
Cochrane Johnstone of the sum of L.200; but whether that relieves him
from the whole or not, are you to say a man is guilty of a conspiracy on
such
|