rived this
false and perjured defence, forgot that, in addition to this, there was
the delivery of De Berenger from hand to hand, from Dover into the house
of Lord Cochrane; and into the house of Lord Cochrane it was never
pretended that any other person but De Berenger entered.
Then, my Lords, we have the affidavit of Lord Cochrane, to which he has
added the affidavit of to-day, respecting the dress which De Berenger
wore upon that occasion. It is singular that a servant of Lord
Cochrane's should have been called upon the trial, examined upon other
points to the confirmation of his master's affidavit, and that my
learned friends, who were of counsel for Lord Cochrane, whose ability,
whose discretion, and whose zeal, no man who knows them can question,
did not venture to put to that servant a question as to the colour of De
Berenger's coat; and that they did not venture to call the two other
servants, one of whom at least was in attendance, and if the other had
been wanted, it would not have been difficult for Lord Cochrane to have
detained him in England, that he too might have been examined. No man
can doubt that the reason why my friends abstained from asking that
question, and going into that examination, was, that after the evidence
which had been given by all the witnesses for the prosecution, as to his
dress, continued up to the last moment by the driver of the
hackney-coach, who swore to De Berenger's entering the house in a
_scarlet_ coat; if all the servants in Lord Cochrane's house had been
called to swear that the colour of De Berenger's coat was _green_, no
man alive could have believed them.
Your Lordships have before you the whole extent of this gigantic
Conspiracy and Fraud; you have seen the stock account of these persons,
and you find that on the morning of this day Lord Cochrane, Mr. Cochrane
Johnstone, and Mr. Butt, were possessed of as much in Consols and
Omnium, as, reduced to Consols alone, would amount to L.1,600,000; on
which sum, the fluctuation of only one-eighth per cent. would produce a
loss or gain of L.2,000; and although these defendants have not profited
to the extent they anticipated, first, because the telegraph did not
work,--no thanks to them that it did not;--and next, because the fruit
of their fraud was intercepted,--the stolen goods were stopped in
transitu,--still it appears from the evidence of Mr. Baily, that they
have been materially enriched by their fraud, for they were
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