The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 64

_Q._ How much of either was he possessed of before business began on Monday the 21st of February?

_A._ 20,000 Omnium and 20,000 Consols.

_Q._ Did you sell that out on that Monday?

_A._ I sold 20,000 Omnium and 14,000 Consols.

_Mr. Serjeant Pell._ Does your Lords.h.i.+p think, in consequence of what you have suggested already, that the Witness is bound to answer to the nature of the stock?

_Lord Ellenborough._ I am not apprized whether it is a real sum or not at present.

_Mr. Serjeant Pell._ The reason I now interpose is, that if this should turn out to be a transaction which was not real, the Witness would not be bound to answer any question respecting it, because it may tend to criminate himself, and involve him in penalties. The mere circ.u.mstance of his having sold stock at all that day, supposing it not real stock, would warrant him in declining to answer these questions.

_Lord Ellenborough._ Whether he sold any thing is a link in the chain, or else you might exclude all the transactions of the day, because they might ultimately connect with the vicious sale.

_Mr. Serjeant Pell._ Suppose it should turn out to be a time bargain, these questions would be material to convict this person of an offence, the amount sold would be very material; therefore if he is not bound to answer the last question----

_Lord Ellenborough._ I do not prohibit him; I am only to tell him that if these are bargains which are against law, he is bound to know the law, and if it would involve him in any penalty he need not answer the question.

_Mr. Serjeant Pell._ All I would request then is, that your Lords.h.i.+p would now suggest to the Witness that he need not answer any question that will tend to criminate himself.

_Lord Ellenborough._ If it will convict you in penalties, you are not bound to answer any question.

_Mr. Serjeant Pell._ I was only taking the liberty to suggest that that admonition may be given in the early part of the examination.

_Lord Ellenborough._ I cannot tell a witness he is not bound to answer a question, until I see that it has some bearing and probable tendency to accuse him; otherwise I must rummage all the statute books for penalties to put the witnesses on their guard--I must not only carry all the penal laws in my head, but mention them to every witness who comes before me upon any subject.

_Mr. Gurney._ Did you see Mr. Holloway on the morning of the 21st?

_A._ Yes I did.

_Q._ Did he give you any directions?

_A._ I beg to decline answering that question.

_Mr. Gurney._ I submit to your Lords.h.i.+p he is not at liberty to decline answering that question.

_Lord Ellenborough._ You may answer that question. Did he give you any directions?

_A._ He did.

_Mr. Gurney._ What to do?

_A._ I must beg to decline answering that question.

_Lord Ellenborough._ You need not answer to what you did; but you must state what he proposed to you to do, unless you did it afterwards, and the having done it would involve you in a penalty.

_Mr. Gurney._ What did he give you directions to do?

_A._ To sell stock.

_Q._ Was it to sell all he had, or part of what he had?

_A._ To sell all.

_Q._ At what time on Monday was it?

_A._ About the middle of the day.

_Cross-examined by Mr. Serjeant Pell._

_Q._ What is Mr. Holloway?

_A._ A wine merchant.

_Q._ Where does he live?

_A._ In Martin's-lane, Cannon-street.

_Q._ Have you known him any time?

_A._ I have known him upwards of twenty years.

_Q._ How long have you acted for him as his broker?

_A._ Perhaps two years.

_Mr. James Steers sworn._

_Examined by Mr. Gurney._

_Q._ Are you Stock Broker to the Accountant General of the Court of Chancery?

_A._ I am.

_Q._ Did you as broker to the Accountant General, make purchases on Monday the 21st February?

_A._ I did.

_Q._ At what prices?

_A._ I made purchases to the amount of 15,957:10:8, at 71-5/8 per cent.

_Q._ Consols I suppose?

_A._ Yes, I have got them down in various sums.