ed so easily as notes for one
hundred pounds; people take these small notes without writing upon them,
but they do write upon such large notes as L.100 and L.200, and that
they knew might afford means of immediate detection, but the device,
when detected, makes the fact still stronger, and you have in proof,
that sixty-seven of one hundred, and forty-nine of another hundred, were
found at Leith in De Berenger's writing-desk. This affords a strong
presumption, that he had the whole four hundred, besides which I have
traced to him; a forty-pound note which he changed at Sunderland, and a
fifty-pound note which he gave to his servant, Smith; and these, too,
have been traced up to Mr. Butt. When all these turnings and windings
are thus discovered, what measure of your understandings, gentlemen,
must these Defendants have taken, to imagine that you could be imposed
upon by such flimsy materials as these manufactured papers? The device
is gross, palpable, and monstrous. What does all this prove?--Nothing
_for_ the defendants; but then it proves a great deal _against_ them.
Recollect too, gentlemen, that this L.400, which is shewn to come out of
the hands of Mr. Cochrane Johnstone and Mr. Butt, after the 24th of
February, is also shewn to have come originally out of the hands of Lord
Cochrane himself on a prior day; and therefore you have the money coming
out of the hands of all the three; the reward of the agent coming out of
the hands of the persons who had been benefited by the fraudulent
services of that agent.
Gentlemen, it is difficult to abstain from many more observations on
this defence; but the case is too clear to require them, and I will no
longer trespass upon your patience. It appears to me absolutely
impossible to doubt respecting the guilt of the several defendants. De
Berenger is Du Bourg. When De Berenger is Du Bourg, the rest all
follows; he was the agent of others, unquestionably; he was not himself
the principal. You have had a mass of perjury exhibited to-day to
extricate him, and consequently his employers. That, like all
falsehoods, when detected, only serves to make conviction more clear and
more certain. With these observations I sit down, feeling most grateful
for the patient attention I have received, both from his Lordship and
from you, and perfectly sure that you will do justice to the Public.
SUMMING UP.
Lord ELLENBOROUGH.
Gentlemen of the Jury,
You are now come to that period
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