The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 99

"18, Great c.u.mberland-street, "22d February 1814.

"My dear Sir,

"I have received the enclosed letter from the Baron; and as I mean to pay him this week for his plans, pray let me know if you have advanced him any money on my account, in addition to the .50, which I paid him on account last year. You will perceive that he wishes a loan of .200, in addition to this sum, and that he offers me as security, Colonel Kennedy's a.s.signment. I have told him, that if this sum can be of real service to him, I will advance it to him, I will take his note for the amount; and if he is ever able to repay me, good and well; if not, I shall have had the satisfaction of serving him.

"As I shall receive the middle of next month a considerable sum of money, you will oblige me very much, if you will have the goodness to let me know, what it would cost me to purchase an annuity for the mother of my three natural children. I wish to settle .200 a year upon her, and .100 a year upon each of them; her age is 23, past; my eldest boy will be five years next May, the second boy four years next October, and the third one year next April; they are all healthy. I have in my will made a provision for them, but I wish to alter this mode of settlement for them, from motives of delicacy to my daughter, Miss Cochrane Johnstone, as I would not wish to insert their names along with hers.

"I will send you as soon as possible the statement about Lady Mary Lindsey Crawford, to enable you to give the answer to the bill in chancery.

"Pray settle my account with Dawson and Wrattislaw, as I wish to clear off all demands upon me as soon as possible.

Whatever sum you say they ought to receive, I will pay them. I hope you are expediting the Wendover papers.

Believe me to be, my dear Sir, yours respectfully, _A. Cochrane Johnstone_."

Addressed to Gabriel Tahourdin, Esq.

King's Bench Walk, Temple.

"London, February 22d 1814.

"My dear Sir,

"I beg to a.s.sure you, that I would not have complained to you of the disappointment and inconvenience which Colonel Kennedy's unreasonable delay of completing the purchase of the share in the oil patent created, had it not reached your ears from other quarters. I cannot agree with you, that his "want of cash" is a sufficient excuse; because in that case, he ought to have stated that instead of artificial reasons. Had he completed his contract at the price agreed on, namely, .1,500, I should be liberated from this place, and be able to equip myself for the American expedition (which I do not relinquish) without encroaching on any friend.

"You have often kindly pressed me to let you know what would satisfy me for the two plans, MS. &c. connected with them. I really have never made a charge of this kind, and am at a loss how to calculate, much less to make a demand; but those who can perceive the labour, time, difficulties and contrivance, which the awkwardness of the ground created, may better be able to say, if .250 for every thing, is unreasonable. At all events, it is not a charge, but I leave it to you; and in case you deem it extravagant, am ready to submit the whole to the valuation of any competent person. What regards the drawing, planning and superintending, Donovan, and the bra.s.s-cutter, in completing the two pieces of furniture, I am determined not to accept any thing for; these you must (forgive a strong word) do me the favour of accepting.

"Should Colonel K. not come to town, I shall feel greatly obliged by your a.s.sisting me with the above sum, in the course of a week. Pray favour me by calling on Mr. G. Tahourdin, in order to see the conditions of the a.s.signment, which lays there, executed by me. He will also show you the Colonel's extraordinary letters, and all my answers; at least I imagine that he has, if not all, most of them.

"Could I in the course of seven or eight days (in addition to the .250) procure about .200, either from the Colonel or from you, on account of Colonel K's. .1,500, for which you might hold the a.s.signment as a security, I should be enabled to proceed immediately to the Tonnant; for I still think Lord Cochrane might obtain leave for my going _on board_, at all events; I yet have hopes, though his lords.h.i.+p seemed in doubt; perhaps you will obligingly urge his endeavours. I fear a much greater difficulty, for I have heard it hinted, that some creditors, fearful of my going to America (which I have too openly talked of), contemplate to lodge detainers against me.

Among these however, Mr. Tahourdin is _not_; for I thought it my duty to tell him, and he handsomely consented to my endeavours against America, as the only means to recover from my many losses.

"My plan is to go on board, if possible, with a view to begin to drill the marines in rifle-shooting and exercise, and _any_ of the crew in sword, pistol and pike use; if my creditors pursue me there, I could draw for the balance of .900, to silence some of them (I mean after taking from .1,500, .200, to refund to you, in case you now oblige me with an advance, and .400, to protect my securities for the rules); and if this cannot be completed with the Colonel time enough, and for which reason I flatter myself that you will a.s.sist me with your friendly interference, I see but one mode, that of going abroad the moment I find my creditors hostile; for although I may find .350 to .400, to pay the rules, I cannot find means in haste to satisfy the rest, although I have offered to a.s.sign considerable properties. In the latter case, might I not from abroad proceed to America, there to join the Admiral, as a volunteer, and at my own risk.

"Forgive my anxious and tedious suggestions, which your own feeling heart, and friendly interest in my future successes, have in some degree courted, and grant me your pardon for not attending to your good humoured hint about long letters. Even should you refuse my request, in regard to the .200, I shall be thankful for your reply; but if it should convey your consent, the sum shall immediately be employed towards the honest but hazardous service of your country, although it hesitates by proper rank, and otherwise to encourage my loyal, and I trust zealous endeavours. Forgive the sound but frank style of this letter, owing to disappointments which would be intolerable, if the recollection of your kindness did not curb and relieve him, who must ever gratefully subscribe himself with unalterable esteem,

dear Sir, your faithful and obliged, humble servant, _C. R. De Berenger_."

To the Hon. Cochrane Johnstone, &c. &c. &c.

P.S. Apropos.--You have paid me .50. on account;--may I trouble you to tender my most respectful a.s.surances to Miss J.; that I hope most sincerely to hear that her indisposition discontinues. Should you no longer want the books, perhaps the bearer may bring them. Will lowness of spirits be received as an apology for this slovenly letter and crippled sheet?

_Lord Ellenborough._ This does not appear to have come by the twopenny post?

_Mr. Park._ No my Lord; but there is an indors.e.m.e.nt upon it.

_Lord Ellenborough._ De Berenger was in the King's Bench; he had not servants to send with it?

_Mr. Park._ Yes, my Lord; it is sworn to by the Davidsons, that he had a man and a woman servant.

_Lord Ellenborough._ Probably he sent one of them, as you propose to call them, perhaps they may prove that.

_Mr. Scarlett._ There is a reference in that letter to an a.s.signment of some property that De Berenger had?

_A._ Yes.

_Q._ Was such an a.s.signment prepared at your office?

_A._ It was; it was an a.s.signment from Mr. De Berenger to Colonel Kennedy.

_Q._ What was the subject of the a.s.signment?

_A._ It was an a.s.signment of a share of a patent.

_Mr. Gurney._ We are getting so very wide of evidence, that I must object, which I am very loth to do.

_Mr. Scarlett._ There was something referred to, that might be a security to Mr. Johnstone.

_Lord Ellenborough._ That refers to something which is the real thing; that is all you can prove by this witness.

_A._ Yes, it does, my Lord.

_Mr. Scarlett._ Mr. Johnstone having written you that letter which has been read, to ask your opinion about De Berenger, did you state to him what was your opinion, as to his power of extricating himself?

_A._ I had some conversation with Mr. Johnstone, as I had had several times.

_Q._ In consequence of the letter which has just been read?

_A._ Yes; I replied to the letter shortly, and I had conversation with him in consequence.

_Lord Ellenborough._ Do you know whether Mr. Johnstone made any answer to the letter?

_A._ To the Baron? I really do not.

_Mr. Scarlett._ Is that your answer to Mr. Johnstone? (_shewing a letter to the witness._)

_A._ Yes, it is.

_Mr. Scarlett._ If your Lords.h.i.+p will allow that to be read.

_Lord Ellenborough._ When did you write that?

_A._ I wrote that the 23d of February, the day after I received the letter.

_Q._ It is addressed to Mr. Cochrane Johnstone.

_A._ It was sent to Mr. Cochrane Johnstone.