_Mr. James Le Marchant sworn._
_Examined by Mr. Bolland._
_Q._ Are you acquainted with Captain De Berenger?
_A._ I was so.
_Q._ When did your acquaintance with him commence?
_A._ About 18 months ago.
_Q._ How long did it continue?
_A._ It continued until the 16th of February to the best of my knowledge.
_Q._ Between those periods was Captain De Berenger in the habit of calling upon you frequently?
_A._ He was, from the 10th to the 16th of February.
_Q._ At what period of the day?
_A._ At different periods.
_Q._ Did he pa.s.s his evenings with you?
_A._ Occasionally.
_Q._ In conversations with him, did you ever collect from him, whether he had any connexion with Lord Cochrane or Mr. Cochrane Johnstone?
_A._ I did--with both.
_Q._ State to the Court what he has told you.
_A._ He stated that he was about to go to America under the command of Lord Cochrane; on his mentioning this, I put the question to him, how he possibly could do it under the embarra.s.sments that he laid under, upon which he answered, all was settled on that score.
_Q._ Do you recollect upon what day this conversation pa.s.sed?
_A._ I should think nearly about the 14th, to the best of my recollection, he said, that for the services he had rendered Lord Cochrane and Mr. Cochrane Johnstone, whereby his Lordship could realize a large sum or large sums of money by means of the funds or stocks, one of the words, that his Lordship was his friend, and had told him a few days before, that he had kept unknown to him till that period, a private purse for him De Berenger.
_Q._ Did he state to you whether there was any particular intimacy between him and Lord Cochrane, or Mr. Cochrane Johnstone?
_A._ He frequently mentioned particular intimacy of dining, breakfasting and supping with his Lordship. He said, in which purse he had placed or deposited a certain per centage out of the profits which his Lordship had made by his stock suggestions.
_Q._ Did you afterwards hear of the events of the 21st of February?
_A._ I did so.
_Q._ Did you upon that make known to any parties, and to whom, your suspicions of Captain De Berenger having been active in them?
_A._ I did so.
_Q._ To whom were those communications made?
_A._ To Captain Taylor of His Majesty"s 22nd regiment of foot, and Lieutenant Wright in the Honorable East India Company"s Service.
_Q._ Did you collect in any conversations you had with Captain De Berenger, that Lord Cochrane and Mr. Cochrane Johnstone consulted him in any transactions of Stock?
_Mr. Park._ That is a pretty good leading question.
_Mr. Bolland._ Did he state to you any thing respecting their consulting him as to stock transactions?
_A._ Most undoubtedly, or I should not have drawn the conclusions I did.
_Q._ For what was he to have a per centage?
_A._ For the ideas he had given to Lord Cochrane, enabling him to make a profit in the stocks.
_Q._ Did he extend that to Mr. Cochrane Johnstone, or Lord Cochrane?
_A._ To both.
_Mr. Serjeant Best._ I am aware that your Lordship will not consider this as evidence against Lord Cochrane, or Mr. Cochrane Johnstone.
_Lord Ellenborough._ No; it is admissible evidence, the effect of it is another thing.
_Cross-examined by Mr. Serjeant Best._
_Q._ You have been corresponding with my Lord Cochrane.
_A._ I have so.
_Q._ You are now a prisoner in the King"s Bench, I believe?
_A._ No; I am not.
_Q._ You have told my Lord Cochrane?----
_Mr. Bolland._ Have you ever had any communication with Lord Cochrane but in writing?
_A._ None individually.
_Mr. Bolland._ Then I object to any questions except as to letters.
_Mr. Serjeant Best._ You are a gentleman whose appointment Government have stopped?
_A._ It is not stopped.