four
L.100 notes, two of the bank notes of L.200 being changed first into two
L.100 notes, and then into ones; the whole are identified by the clerks
of the bank; sixty-seven the produce of one L.100; forty-nine identified
as the produce of another, and seven the produce also of one of those;
there are traced to him likewise a L.50 and a L.40; the L.50, traced by
the evidence of Smith to-day, the evidence upon that subject being
deficient yesterday, I stopped them short, because I thought that the
entry of the mere initials W. S. and L.50, did not afford distinct and
sufficient proof that the person meant by those initials was William
Smith, and that the L.50 was a sum which had passed between Wm. Smith,
Mr. De Berenger's servant, and him, and that the evidence was deficient
in that respect. The principal part of these are the produce of the
draft of L.470, and a fraction, which was changed as will appear in the
evidence, when that part of it is stated to you. Originally the L.470
draft had been laid down before and paid to Lord Cochrane; it had
afterwards got into the hands of Mr. Cochrane Johnstone and of Mr. Butt,
for there appeared to be such a communication between the parties, that
you cannot say from whom ultimately it proceeded, but it had been in
some sort in the hands of all, and the produce of this check, originally
paid to Lord Cochrane, is found in the desk of this man.

I have been led aside by reading the affidavit to these observations on
the dates. To return, the affidavit was, as I have already stated, sworn
March 11th 1814, by which time it might well be supposed that De
Berenger, if he made proper speed, had got out of the kingdom. The
affidavit proceeds thus; "I, Sir Thomas Cochrane, commonly called Lord
Cochrane, having been appointed by the Lords Commissioners of the
Admiralty to active service, (at the request, I believe, of Sir
Alexander Cochrane) when I had no expectation of being called on, I
obtained leave of absence to settle my private affairs, previous to
quitting this country, and chiefly with a view to lodge a specification
to a patent," there is no doubt that patent exists, and that there is a
true transaction as to the patent; but whether it be introduced here as
a colour, and to draw off your attention from other matters is another
point. "That in pursuance of my daily practice of superintending work
that was executing for me, and knowing that my uncle, Mr. Cochrane
Johnstone, went to