The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 98

_A._ No.

_Q._ Do you know whether, shortly before Mr. Cochrane Johnstone went to Scotland in September, he made him any payment on account of that?

_A._ He did, through my medium.

_Q._ Besides the plan, had De Berenger prepared a prospectus, with a full and minute description of the objects of the design?

_A._ He had.

_Q._ Had he got that printed?

_A._ He had; he made him one payment of .100.

_Q._ Do you know that Mr. Johnstone had got a number of his prospectus, to take with him to Scotland?

_A._ He had.

_Q._ In the month of September, last year?

_A._ Yes, early in October; the first or second of October, I think.

_Q._ Do you know of any payment made by Mr. Johnstone since that time, upon account of that plan?

_A._ Yes; it was not made by me.

_Q._ Were you present when it was made?

_A._ No.

_Q._ I understood you to say, you knew that the payment was made?

_A._ By letters.

_Q._ Were the letters sent to you?

_A._ Yes.

_Q._ They pa.s.sed through your hands?

_A._ Yes, they did.

_Lord Ellenborough._ The moment it gets into a letter, that moment the parol statement ends.

_Mr. Scarlett._ Certainly, my Lord. Do you know whether any application was made by Mr. De Berenger after the plan was completed, for payment?

_Mr. Gurney._ Were you present?

_Mr. Scarlett._ Or did you convey any draft?

_A._ Yes, I conveyed a letter, and I spoke several times.

_Q._ To Mr. Johnstone.

_A._ Yes, upon the subject of the paying him for the plans.

_Q._ Without at present alluding to any letter, do you know what was the price that De Berenger asked for the remainder of the plans?

_A._ No price, I believe, was ever stipulated; no price was ever fixed till February last. Mr. Johnstone and myself had repeated conversations on the subject of the price of the plans, and as to the remaining sum that he should pay him.

_Q._ You made repeated applications to Mr. Johnstone to pay him?

_A._ I did, always in a delicate way, not saying, that Mr. Berenger required so much; but he requested I would take a mode of giving a hint to Mr. Johnstone, as to the payment; a hint he was always ready to take.

_Q._ Have you any means of knowing what was the money Mr. Johnstone did pay him?

_A._ Yes, I think I have.

_Q._ When was the payment?

_A._ In February.

_Lord Ellenborough._ At what time in February.

_A._ Mr. Johnstone sent me a letter on the 22d of February, enclosing a letter to him from Mr. De Berenger.

_Mr. Scarlett._ He sent to you, on the 22d of February, a letter he had received from Mr. De Berenger?

_A._ He did.

_Q._ Did you keep the letter?

_A._ I did, here it is (_producing it_).

_Lord Ellenborough._ De Berenger's letter was enclosed in one of Mr.

Cochrane Johnstone's?

_A._ Yes.

_Q._ Were the letters by the post? had they any post-mark upon them?

_A._ No; this letter was delivered.

_Q._ The delivery and date were cotemporary with the transaction, namely, about the 22d of February?

_A._ Yes, it was on the 22d of February I received it.

[_The letters were read, and are as follow._]