The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 1

The Trial of Charles Random de Berenger, Sir Thomas Cochrane, commonly called Lord Cochrane, the Hon. Andrew Cochrane Johnstone, Richard Gathorne b.u.t.t, Ralph Sandom, Alexander M'Rae, John Peter Holloway, and Henry Lyte for A Conspiracy.

by William Brodie Gurney.

THE

TRIAL

OF

CHARLES RANDOM DE BERENGER,

AND OTHERS.

On the 20th of April, 1814, the Grand Jury for the City of London, at the Sessions-House, in the Old Bailey, returned a True Bill, which set forth:

[_First Count._]--That at the times of committing the several offences in this Indictment mentioned, there was, and for a long time before, to wit, two years and upwards, had been an open and public war between our Lord the King and his Allies, and the then ruler of France, to wit, Napoleon Bonaparte, and the people of France:

And that _Charles Random de Berenger_, _Sir Thomas Cochrane_, commonly called _Lord Cochrane_, _Andrew Cochrane Johnstone_, _Richard Gathorne b.u.t.t_, _Ralph Sandom_, _Alexander M'Rae_, _John Peter Holloway_, and _Henry Lyte_, supposing and believing, that false reports and rumours of the death of said Napoleon Bonaparte, and of disasters and losses having recently occurred and happened to the said people of France, would induce the subjects of our said Lord the King to suppose and believe, that a peace between our said Lord the King and his subjects, and the said people of France would soon be made, and that an increase and rise in the Government Funds and Government Securities of this Kingdom, would be occasioned thereby. And unlawfully, &c. intending to injure and aggrieve the subjects of our said Lord the King, who should make purchases of and in said Funds, &c. on the 19th February, in Fifty-fourth year of the Reign of our said Lord the King, at the parish of St. Bartholomew, by the Exchange, in the Ward of Broad-street, in London aforesaid, unlawfully, &c. did conspire, &c. to make and propagate, and to cause, &c. to be made and propagated, a false report and rumour, that the French had been then lately beaten in battle, and that said Napoleon Bonaparte was killed, and that the Allies of our said Lord the King were in Paris.

And that they, the _Defendants_, would thereby induce the subjects of our said Lord the King to suppose and believe, that a peace would soon be made between our said Lord the King and the said people of France, and occasion an increase, &c. of the prices of the Government Funds, &c.

And that _Defendants, Sir Thomas Cochrane Johnstone, Richard Gathorne b.u.t.t, and John Peter Holloway_, respectively, should then sell, and cause, &c. to be sold for them, to divers liege subjects, &c. divers large parts, and shares in said Funds, &c. at higher and greater prices than said parts and shares of and in said Funds, &c. would otherwise sell for, with a wicked and fraudulent intention to thereby cheat, &c.

the said subjects, &c. of divers large sums of money.

And that afterwards, to wit, on the 21st February, in the year aforesaid, at the parish and ward aforesaid, in London aforesaid, to wit, at Dover, in the county of Kent, the said _Charles Random de Berenger_, in pursuance, &c. of said conspiracy, did unlawfully, &c.

write a certain false and counterfeit letter, containing divers false matters, which said false and counterfeit letter is directed as follows:

"To the Honorable J. Foley, Port Admiral, Deal, &c. &c. &c.

_Dover, One o'Clock, A. M._ _February 21, 1814._

SIR,

I have the honor to acquaint you that the L'Aigle from Calais, Pierre Duquin, Master, has this moment landed me near Dover, to proceed to the Capital with dispatches of the happiest nature. I have pledged my honor that no harm shall come to the crew of the L'Aigle; even with a flag of truce they immediately stood for sea. Should they be taken, I have to entreat you immediately to liberate them. My anxiety will not allow me to say more for your gratification, than that the Allies obtained a final victory; that Bonaparte was overtaken by a party of Sachen's Cossacks, who immediately slaid him, and divided his body between them.--General Platoff, saved Paris from being reduced to ashes. The Allied Sovereigns are there, and the white c.o.c.kade is universal; an immediate peace is certain. In the utmost haste, I entreat your consideration, and have the honor to be,

Sir, Your most obedient humble Servant, R. DU BOURG, _Lieutenant Colonel and Aid de Camp to Lord Cathcart_.

"To the Honorable J. Foley, Port Admiral, Deal, &c. &c. &c."

And did then and there send, and cause and procure to be sent, the said false and counterfeit letter to Thomas Foley, Esquire, at Deal; he, the said Thomas Foley, then being the Commander in Chief of His Majesty's s.h.i.+ps &c. employed on the Downs Station, with intention that the said T.

Foley, should, by Telegraph, communicate the false matters in the said false letter, to the Commissioners of our said Lord the King, for executing the office of Lord High Admiral, &c. and that such false matters should be promulgated &c. to the liege subjects of our said Lord the King.

And that said _Charles Random De Berenger_, did also then and there unlawfully &c. a.s.sert and report to Timothy Wright, and other persons, that he, the said _Charles Random De Berenger_, had just then landed and arrived from France, and that the French were beaten, and that said Napoleon Bonaparte was killed, and that the Allies of our said Lord the King, were then in Paris; and the said _Charles Random De Berenger_, on same day &c. did travel from Dover towards London, and did unlawfully &c. falsely a.s.sert and report at Dartford in the County of Kent, and at other places on his way between Dover and London, the several false matters and things last mentioned, to divers other of the liege subjects of our said Lord the King with intention that the said last mentioned false matters &c. should be believed to be true, and should be generally reported, &c. by the said liege subjects, &c. to whom he a.s.serted the same to divers other of the liege subjects, &c.

And more especially, with intention that the said false a.s.sertions &c.

should reach London, to be reported and rumoured and believed there. And that on the said 21st February, at the parish &c. aforesaid, at London aforesaid, to wit, at Dartford aforesaid, the said _Ralph Sandom_, _Alexander M'Rae_ and _Henry Lyte_, in pursuance &c. of the aforesaid conspiracy did unlawfully &c. hire and take a post chaise to go from Dartford, and did go from thence, the said _Alexander M'Rae_ and _Henry Lyte_, then and there having white c.o.c.kades in certain c.o.c.ked hats, which they wore; and the horses drawing the said post-chaise then and there being decorated with branches of laurel, to and over London Bridge, and through the City of London, unto and over Blackfriars Bridge, and unto a certain place called the Marsh Gate, in the Parish of St. Mary Lambeth, in the County of Surry, with intention thereby to induce the liege subjects, &c. whom they should pa.s.s, and who should see them in their route and way from Dartford to near the Marsh Gate, to suppose and believe, and to report and rumour to divers other of the liege subjects, that they the said _Ralph Sandom_, _Alexander M'Rae_, and _Henry Lyte_, were the bearers to the Government of this kingdom, of great and important foreign news, highly favorable to the interests of our said Lord the King, and his subjects, and thereby to occasion an increase and rise in the prices of the said public Government Funds, &c.

in order and for the purpose that the said _Sir Thomas Cochrane_, _Andrew Cochrane Johnstone_, _Richard Gathorne b.u.t.t_, and _John Peter Holloway_, respectively should then sell and cause and procure to be sold for them respectively to divers subjects, &c. divers large parts and shares of and in the said public Government Funds &c. at higher and greater prices than they would otherwise sell for, with a wicked and fraudulent intention, to thereby cheat and defraud the said last mentioned liege subjects, of divers large sums of money.

And that the said _Defendants_, in pursuance and further prosecution of said conspiracy, afterwards, to wit, on the said 21st February, did, by means of the premises aforesaid, unlawfully &c. cause and occasion a temporary increase and rise in the prices of said Funds, &c.

And the said _Sir Thomas Cochrane_, _Andrew Cochrane Johnstone_, _Richard Gathorne b.u.t.t_ and _John Peter Holloway_, in pursuance and further prosecution of the aforesaid conspiracy, did on the said 21st of February, unlawfully, &c. respectively sell, and cause and procure to be sold for them respectively, unto divers subjects, &c. divers great parts and shares of and in the said public Government Funds and other Government Securities, (that is to say,) the said

_Sir Thomas Cochrane_ 139,000 Omnium.

_Andrew Cochrane Johnstone_ 141,000 Omnium, and 100,000 Consols _Richard Gathorne b.u.t.t_ 224,000 Omnium, and 168,000 Consols _John Peter Holloway_ 20,000 Omnium, and 34,000 Consols

at and for greater and larger prices than such parts and shares of and in the said public and Government Funds, &c. would otherwise have sold for, with a wicked and fraudulent intention, then and there to cheat and defraud the said subjects respectively, of divers large sums of money, of the respective monies of the said last mentioned liege subjects, to the damage of the said last mentioned liege subjects, to the evil example &c. in contempt of our said Lord the King and his Laws, and against the peace of our said Lord the King, his crown and dignity.

[_Second Count._]--That the _Defendants_ on the said 19th February, unlawfully &c. to induce the subjects &c. to believe that a peace between our said Lord the King and his Subjects and the people of France, would soon be made, and thereby to occasion an increase and rise in the prices of the public Government Funds, and other Government Securities, and to greatly injure and aggrieve the subjects of our said Lord the King, who should on the 21st February, purchase and buy a part or parts and share or shares of and in the said public Government Funds, &c. on said 19th February, with force and arms, &c. unlawfully &c. did conspire &c. together to make and propagate, and to cause and procure to be made and propagated, a false report and rumour, that the French had then lately been beaten in battle, and that said Napoleon Bonaparte was killed, and that the Allies of our said Lord the King were then in Paris.

And that they, the _Defendants_, would by such last mentioned false report and rumour induce the subjects, &c. to suppose and believe that a peace would soon be made, and occasion an increase and rise in the prices of the public government funds, &c.

And that _Sir Thomas Cochrane_, _Andrew Cochrane Johnstone_, _Richard Gathorne b.u.t.t_, and _John Peter Holloway_, respectively, should then sell and cause, &c. to be sold for them respectively, to divers of the liege subjects of our said Lord the King, divers other large parts and shares of and in the said government funds, &c. at higher and greater prices than said parts and shares would otherwise sell for, with a wicked and fraudulent intention to thereby cheat and defraud the said liege subjects, &c. of divers large sums of money.

And that on the said 21st of February the _Defendants_, in pursuance of said conspiracy, &c. unlawfully, &c. did cause and procure divers false reports and rumours to be made, spread, and circulated unto and amongst many of the liege subjects, &c. in certain parts of the counties of Kent and Surry, to wit at Dover in the said county of Kent, and in and along and near unto the King's common highway leading from Dover aforesaid to the said City of London, and also in the said City of London and parts adjacent thereto, that the French had then lately been beaten in battle, and that the said Napoleon Bonaparte was killed, and that the Allies of our said Lord the King were then in Paris. And that a peace between our said Lord the King and his subjects, and the said people of France would soon be made, with intention thereby to occasion an increase and rise in the said funds, &c. in order and for the purpose that the said _Sir Thomas Cochrane_, _Andrew Cochrane Johnstone_, _Richard Gathorne b.u.t.t_, and _John Peter Holloway_, respectively, should then sell and cause and procure to be sold for them respectively to divers liege subjects, &c.

divers other large parts and shares of and in the said public government funds, &c. at higher and greater prices than they would otherwise sell for, with a wicked and fraudulent intention to thereby cheat and defraud the said subjects of divers large sum of money, &c.

[_Third Count._]--That the _Defendants_ on the said 19th of February unlawfully, &c. by false reports, rumors, _arts and contrivances_ to induce the subjects of our said Lord the King to believe that a peace would soon be made between our said Lord the King and his subjects, and the said people of France, and thereby to occasion _without any just or true cause a great increase and rise of the public government funds, &c.

and to injure, &c. the subjects of our said Lord the King who should_ on the said 21st of February _purchase and buy any part or parts and share or shares of and in the said public government funds, &c._ then and there, to wit, on the said 21st of February, unlawfully, &c. did conspire, &c. to make and propagate, and cause and procure to be made and propagated unto and amongst divers of the liege subjects, &c. in the county of Kent, to wit at Dover, Deal, and Dartford, and other places in that county, and also unto and amongst divers of the liege subjects, &c.

at London aforesaid, and places adjacent thereto divers false reports and rumours that the said Napoleon Bonaparte was killed, and that a peace would soon be made between our said Lord the King and his subjects and the people of France.

And that the said _Defendants_ would by such false reports and rumours as far as in them lay, occasion an increase and rise in the prices of the public government funds and other government securities, with a wicked intention to thereby greatly injure and aggrieve all the liege subjects of our said Lord the King who should, on the said 21st of February, purchase or buy any part or parts and share or shares of and in said public government funds, &c. To the great damage of all the last mentioned liege subjects, &c. To the evil example, &c. and against the peace, &c.

[_Fourth Count._]--That the said _Defendants_ unlawfully contriving, &c. to injure and aggrieve divers of the liege subjects, &c. on the 19th February unlawfully, &c. did conspire, &c. to write and cause to be written _a certain other false and counterfeit letter_ containing therein divers false matters of and concerning the Allies of our said Lord the King, and the said Napoleon Bonaparte and the French people, and to send and cause and procure the said last mentioned letter to be sent to the aforesaid Thomas Foley at Deal, the said Thomas Foley then and there being the Commander in Chief of His Majesty's s.h.i.+ps and vessels employed on the Downs' station, with a wicked intention to impose upon and deceive the said Thomas Foley, and to induce and cause the said Thomas Foley to communicate the false matters contained in the said last mentioned false and counterfeit letter to the said Commissioners for executing the office of Lord High Admiral of Great Britain. And also with a wicked intention, that by the means in this Count mentioned the said false matters contained in said last mentioned false and counterfeit letter, should be promulgated and publicly made known to the liege subjects, &c. and thereby to occasion _a temporary_ rise and increase in the prices of the public government funds, &c. and to injure and aggrieve all His Majesty's liege subjects who should _contract for_, and also, all the subjects, &c. who should _purchase_ any part or parts, share or shares of, and in the said public government funds, &c. _during such temporary rise and increase_ in the prices thereof, to the evil example, &c. in contempt, &c. and against the peace, &c.

[_Fifth Count._]--That the Defendants unlawfully contriving, &c. to injure and aggrieve divers of the liege subjects of our said Lord the King, afterwards to wit, on the said 19th February, at the parish and ward aforesaid, &c. unlawfully, &c. did conspire together, to make and propagate, and to cause and procure to be made and propagated unto, and amongst divers of the liege subjects of our said Lord the King, divers false reports and rumours _of and concerning the said Napoleon Bonaparte and the French people_, and thereby to occasion a temporary rise and increase in the prices of the public Government Funds, &c. and to injure and aggrieve all his Majesty's liege subjects who should _contract for_, and also all the liege subjects of our said Lord the King who should _purchase_ any part or parts, share or shares of, and in the said public Government Funds, &c. during such last mentioned temporary rise and increase in the prices thereof, to the evil example, &c. &c.

[_Sixth Count._]--That the _Defendants_, on the said 19th February unlawfully, &c. did conspire, &c. to make and propagate, and cause, and procure to be made and propagated unto and amongst divers subjects, &c.

a certain false report and rumour, _that a Peace would then be soon made_ between our said Lord the King, his subjects, and the people of France, and thereby to occasion a temporary rise and increase in the prices of the public Government Funds, &c. and to injure and aggrieve all his Majesty's subjects who should contract for, and also all the liege subjects, &c. who should purchase any part or parts, or share or shares of and in the said public Government Funds, &c. during such last mentioned temporary rise and increase in the prices thereof, to the evil example, &c.

[_Seventh Count._]--That the _Defendants_, unlawfully contriving, &c.

_for their own lucre and gain_, to injure and aggrieve divers of the liege subjects of our said Lord the King, on the said 19th February, unlawfully, &c. did conspire, &c. by divers _false and subtle arts, devices, contrivances, representations, reports, and rumours_, to occasion without just and true cause, a rise and increase in the prices of the public Government Funds, &c. and thereby to injure and aggrieve all his Majesty's liege subjects who should contract for, and also all his Majesty's liege subjects who should purchase any part or parts, share or shares of and in the said public Government funds, &c. during such last mentioned rise and increase in the prices thereof, to the evil example, &c.

[_Eighth Count._]--That the _Defendants_ unlawfully, &c. contriving to injure and aggrieve divers of the liege subjects of our said Lord the King, on the 19th February unlawfully, &c. did conspire, &c. by divers _false and subtle arts, devices, contrivances, representations, reports and rumours_, to induce, cause and occasion, divers and very many of the liege subjects of our said Lord the King, _to suppose and believe, without true and just cause, that a peace would soon be made between our said Lord the King and his subjects, and the people of France_, to the great and manifest injury of divers and very many of the liege subjects of our said Lord the King, to the evil example, &c.

_Plea_--NOT GUILTY.

The Indictment was removed into the Court of King's Bench, at the instance of the Prosecutors, in Easter Term.

COURT OF KING'S BENCH, GUILDHALL, _Wednesday, 8th June, 1814._

Before the Right Hon. LORD ELLENBOROUGH.