of their wearing
that species of uniform, and as to the idea suggested in Lord Cochrane's
affidavit, that his exhibiting himself in that uniform would be deemed
disrespectful to Lord Yarmouth. Lord Yarmouth has told us, that on the
contrary he should have thought it a matter of respect to him, and
proper as his officer, to have appeared before him in that very dress.
The account that is given of this man's pulling off his dress, as
contained in the affidavit of Lord Cochrane, is highly deserving of your
attention. It is a rule of law, when evidence is given of what a party
has said or sworn, all of it is evidence (subject to your consideration,
however, as to its truth) coming as it does, in one entire form before
you; but you may still judge to what parts of this whole you can give
your credit; and also, whether that part, which appears to confirm and
fix the charge, does not outweigh that which contains the exculpation.
Now I will state to you, what is Lord Cochrane's affidavit; it may as
well come in now in this period, as in the later period in the cause; it
was produced in the pamphlet published by Mr. Butt, and is prefaced by
Lord Cochrane thus, "Having obtained leave of absence to come to town,
in consequence of scandalous paragraphs in the public papers, and in
consequence of having learnt that hand bills had been affixed in the
streets, in which I have since seen it is asserted, that a person came
to my house at No. 13, Green Street, on the 21st day of February, in
open day, and in the dress in which he had committed a fraud; I feel it
due to myself to make the following deposition, that the public may know
the truth relative to the only person seen by me in military uniform at
my house on that day." Now it is material to observe, this affidavit
first introduced the name of De Berenger in any public document; whether
it was known privately at any earlier period we are not informed, the
date of it is the 11th of March. The Davidsons have informed you, that
the day he finally disappeared was the 27th of February, (Mr. Cochrane
Johnstone having called and left a letter, for what purpose we know not,
on the 26th,) he appears to have very soon got to Sunderland, and might,
on the 11th of March, the date of this affidavit, be reasonably
supposed to have been out of the kingdom.
It is in evidence, that when De Berenger was taken, there was found in
his writing-desk part of the produce of the exchange at the bank of
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