ave to state. I
do not know why I am placed here at all, if I am to take for granted
facts because witnesses have sworn them; therefore I say, Lord Cochrane
might either mistake, upon the grounds upon which the learned Serjeant
has stated it; or the fact might be, as my learned friend has stated,
that he was not the man. I know that some of the witnesses have sworn
that he was the man whom the hackney coachman took to Lord Cochrane's,
but whether he had this uniform on which is stated, I have no means of
proving from his declaration; but I have Lord Cochrane's affidavit as to
his wearing that which was his proper uniform.

Then, gentlemen, upon my Lord Cochrane's affidavit it stands, and I say
that at present there is not evidence enough to meet it. We have not
often had the experience of that which has been done to-day; I believe
not above twice in my professional life have I seen a prosecutor put in
an answer in Chancery of the person who was defendant, and then negative
that answer; but I say, there is not that negation of Lord Cochrane's
story which can set it aside. You are bound to take all that Lord
Cochrane swears upon the subject; and he has sworn to you that Mr. De
Berenger did not communicate to him any single fact respecting the
stocks, but that all his communication was with respect to his then
distresses. Now, gentlemen, where is the inconsistency of that which
appears upon the evidence before the Court, and that which will be
produced. If this gentleman was desirous of going out with Lord Cochrane
in the Tonnant, and if he had done that which I am not commending,
though I shall presently shew it is not so culpable as it at first
appears. He had no right, I acknowledge, to break the rules of the
King's Bench, having the benefit of those rules, but where is the great
wickedness of it? He gave bail to the marshal to answer the risk; but if
he had come out of that place, dressed as you hear, by my Lord Cochrane,
he had done so with a view of going immediately off to Portsmouth; and
when my Lord Cochrane could not take him, though there was no
inconsistency in his coming in that uniform, which was to be useful to
him if he got out to America, there was a great deal of difficulty, at
twelve or one in the day, in his returning in that garb or dress into
the rules of the King's Bench prison, for he had not only to walk from
the place whence those rules began to the house of Davidson, but first
of all to where the