d
traced into his house in the dress in which he had perpetrated the
fraud; he was called upon for an explanation upon the subject.
Gentlemen, he was gone to perdition, if he did not do something to
extricate himself from his difficulty; then it was that he ventured upon
the rash step of making this affidavit, and swearing to the
extraordinary circumstances upon which, as I commented so much at length
in the morning of yesterday, I will not trespass upon your attention by
making comments now.
My learned friends were properly anxious not to leave Lord Cochrane's
affidavit to stand unsupported; they were desirous of giving it some
confirmation, and they exhausted two or three precious hours this
morning in calling witnesses to confirm it; but those witnesses were
called to confirm the only part of the affidavit which wanted no
confirmation; they were called to give Lord Cochrane confirmation about
applications to the Admiralty, and applications to the War Office, and
applications to the Colonial Office, by Sir Alexander Cochrane for De
Berenger; and after they had called witness after witness to give this
confirmation upon this insignificant and trifling point, they leave him
without confirmation upon that important, that vital part of this case
to my Lord Cochrane, _videlicet_: the dress which Mr. De Berenger wore
at the time he came to that house, and had with him that interview.
Lord Cochrane puts him on a grey military great coat, a _green_ uniform,
and a fur cap. I have proved, that the uniform he wore was _red_. My
learned friend, Mr. Serjeant Best, felt the strength of the evidence for
the prosecution upon that, and he endeavoured to answer it by a very
strange observation. "Why," says he, "consider, Lord Cochrane had been
accustomed to see Mr. De Berenger in _green_; he did not make his
affidavit till nearly three weeks afterwards; and how very easily he
might confound the _green_, in which he ordinarily saw him, with the
_red_, in which he saw him on that day, and on that day only." Now, if I
wanted to shew how it was impossible for a man to make a mistake, as to
the colour of the coat in which he had seen another, I should select the
instance in which he had seen that other in a peculiar dress but for
once.
But, gentlemen, my learned friend had to account for more than the red
coat. It is not a plain red coat, it is a scarlet military uniform, the
uniform of an aid-de-camp; and on the breast, there is that s
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