_Q._ Did you know that Lord Cochrane resided at the time in Green-Street?
_A._ Only by report.
_Q._ Not from Lord Cochrane?
_A._ No.
_A Juryman._ You say they did not sell any stock but what they had before purchased, do you mean such as they had bought and paid for, or only such as they had contracted for the purchase of, was it actually bought and transferred to them?
_Mr. Taddy._ That is the very thing I have taken the liberty of suggesting to your Lordship.
_Lord Ellenborough._ He has before said they had not sold any of which they had not become the proprietors before, so that he is predicating of them that they had purchased this, for they could not otherwise become proprietors.
_A Juryman._ Is it not a purchase for time altogether, are they not all time bargains both the omnium and the stock?
_A._ This is one of those questions I cannot answer.
_Lord Ellenborough._ Gentlemen, he objects to answering the questions as it may criminate him, but the offence charged may have an effect upon the funds, in which not only these individuals are concerned, but every person who has transactions in Stock, the persons belonging to the Court of Chancery, who have to purchase or sell, may be influenced by an improper elevation or depression of the funds, that does not affect the question as to the crime charged upon this record, you will consider Mr.
Gurney whether you will persist in the questions, because this man demurs to the answering the questions, being a party in the transaction.
_Mr. Gurney._ You do decline answering that question?
_A._ Yes I do.
_Mr. Robert Hichens sworn._
_Examined by Mr. Gurney._
_Q._ I believe you are a Stock-Broker?
_A._ Yes I am.
_Q._ Have you for some years past known Mr. Cochrane Johnstone?
_A._ Yes.
_Q._ I believe you have not done business for him till the present year?
_A._ No.
_Q._ From the 8th of February to the 19th did you make various purchases for him.
_A._ Yes I did.
_Q._ At the leaving off of the business on Sat.u.r.day what was the balance.
_A._ 250,000.
_Q._ That was all omnium.
_A._ Yes it was.
_Q._ Have you taken from your books a statement of the business you did?
_A._ I have memorandums that will enable me to answer any questions.
_Q._ Has Mr. Baily from your books taken an account of purchases and sales?
_A._ I furnished Mr. Baily with a copy of it.
_Mr. Gurney._ Then through Mr. Baily I will give all the particulars of it.
_Lord Ellenborough._ Whether purchased with money or no they take upon themselves the disposition of that fund, shewing that they had an interest in the rise and fall of the funds, and that they sold on the Monday and gained a profit.
_Mr. Gurney._ Yes my Lord. On Monday morning the 21st how soon did you see Mr. Cochrane Johnstone?
_A._ I think between ten and eleven I cannot say exactly.
_Q._ Where did you see him?
_A._ I think I met him as I was coming out of the Stock Exchange.
_Q._ How near ten or eleven?
_A._ I think it must have been about a quarter before eleven but I cannot say positively.
_Q._ Did you receive any directions from him as to what you were to do with respect to the omnium?
_A._ I received an order from him on the Sat.u.r.day, to sell 50,000 at one per cent. profit, and that I had sold before I saw him.
_Q._ At what had you sold it?
_A._ At 29.
_Q._ Did he give you any further instructions what to do with the remainder?
_A._ He then ordered me to sell a certain quant.i.ty at an eighth per cent more.
_Q._ In short did you sell the whole of it that day by his directions?
_A._ I did.
_Q._ At what prices?
_A._ At 29, 29-1/8, 29-1/2, 30-3/4, and 30-7/8.
_Lord Ellenborough._ At those different prices did you dispose of the whole which Mr. Cochrane Johnstone held on that 21st.