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Vol. XXV. No. 25.] LONDON, SATURDAY, JUNE 18, 1814. [Price Is.


[770 SUMMARY OF POLITICS. in case of a rise, stock to as large an HOAX ON THE STOCK-EXCHANGE. amount as he did sell on the day in question. The issue of the trial, upon this subject, These facts were all unfortunate, but they has grioved and disappointed ine more a were all consistent with innocence as to great deal than my own conviction and the Hoax. Facts as unlikely to meet do sentence for writing about the flogging of meet every day; but, being of little importhe Local Militia-men and the German tance, are unnoticed. And when I saw troops. I was confident of a complete ac- the affidavit of Lord Cochrane, in whose quittal of my Lord Cochrane, liis Uncle, word I would have staked my life, always and Mr. Batt; and, whenever, in conver- having observed him to be so scrupulous sation, I liave had occasion to speak of the in making assertions, even as to the most. maiter, I have expressed myself in the trifling matters, all the unfavourable cirmost confident terms. I was assured, that cumstances disappeared, or, at least, left it could be clearly proved, that De Beren- very little impression on my mind; and, ger was not the Hoaxer. I depended upon when to this was added, the most solcmn this; and I have been grievously disap- verlal assurances that the charge was pointed. I never took, in my writings false, I could not possibly entertain any upon the subject, any other grounds than doubt.The evidence, as published in what were afforded by publications in the newspapers, is very different from what other papers. From all that appeared, the I hoped to see. My Lord Cochrane's parties secmed to me to stand acquitted, servauts all swore that De Berenger wore even upon the shewing of the accusers. an under coat with a GREEN COLBut I always feared, that, if it was not LAR. It is now proved, by numerous clearly proved that De Berenger was not witnesses that that collar was SCARLET; the man, my Lord Cochrane would be con- and I do not see any witness brought victed; because, though he might be able to prove that its colíar was GREEN. to convince me of his innocence, he never Lord Cochrane is habitually careless in would be able to produce a like conviction his private matters ; but, wben so much in the minds of men, who did not know him was at stake, how came the servants, who personally. The bare fact of the Hoaxer had deposed to the GREEN collar, not going to Lord Cochrane's house would not to have been brought to swear that fact have been much ; and even the furnishing before the Court? Instead of this, I

see him with a disguise would not have beca Mr. Serjeant Best endeavouring to account conclusive against my Lord Cochrane. for the want of recollection in my Lord Suppose, for instance, that a friend of mine Cochrane as to this point. But if he did were to commit a murder in one of the not recollect, could all his servants have woods hereabouts, and were to come to forgotten too? They all deposed to a me, telling me that he was pursued by GREEN collar; and how was I to believe bailiffs, and wished to keep out of their that De Berenger was the man, when the clutches.. If I lent him clothes to disguise Kentish people swore, that the Hoaxer’s him in his retreat, would any one impute coat was SCARLET? There were two to me a participation in the murder? I swearings, directly in the teeth of each might be reasonably suspected, and brought other; and I, of course, believed that to trial; but I am sure that I should not which was made by a person, of whose word be convicted on that ground alone. But, I could not entertain a doubt. This single joined to the facts of refuge and disguise circumstance had naturally very great afforded, there was, unhappily, the fact of weight. But I was assured, in the roost Lord Cochrane having profited from the positive terms, that it would be proved that Hoax. Yet, this might happen too, as he De Berenger was in London on the Sun. was in the almost daily babit of selling out, day evening. This assurance I have given


to all those who have talked with me on culations. Was not this to aim at an the subject. But I was, it now appears, unfair advantage? A stock-jobber, when misinforned. The proof of the alibi bas he comes to town with his early intellifailed. Indecd, had I been made ac- gence, will hardly communicate it to those quainted with the sort of proof intended to with whom he deals for stock. Where, be produced, I should have feared that it then, is the difference? The latter does not must fail

, when opposed to the positive tell a lie to the person with whom he deals, datha of 90 niany witness23, whoše veracity, but he suppresses the truth. He does not ia such a case,

it is impossible to suspect; cog the dic, but he uses the die already because there could bave been ng motive cogged to his hand. I must leave it to ca. sufficiently powerful to induce them to rin suists to assign to these acts their different the fearful risk of wilful and corrupt per proportions of moral turpitude-A Hoax jury. The affidavit of my Lord Cochrane upon the Stock-Exchango has been unjustwas, from the moment I saw it, a subject ly compared to the cogging of a die, or the of regret with me, and so I described it at marking of a card. It is not common to the time. I agree with Mr. Gurney, that cog dice and mark cards. But it is notothis sort of affidavits are a monstrous abuse, riously common to devise stories to affect as well as contemptible in point of effect. the funds. If one of the newspaper people No accused man ever bettered bis cause were openly accused of cogging a die, or with the public by making an oath, to marking a card, for the purpose of winning whichi, in case of proved falsehord, no le- bis neighbour's money, he would resent the gal punishment is attached. This affidavit, injury done to his character; he would and the other solemn declarations, consti- bring his action for damages. But this tute, in my view of the matter, the whole of nevor happens, though the newspaper peothe moral offence. Whether it be a kgal ple are continually accusing each other, ia offence to spread false reports for the pur- the plainest terms, of publishing parapose of gaining in the funds, remains to be graphs for stock-jobbing purposes. --Thereshewn; but if it be a legal pilence, it is fore, the stock-jobbing and the Hoax are, one of which the newspaper people have in themselves, nothing at all in a moral been accusing each other, almost every point of view, other than as all gambling, week, for twenty years past, and we have of all sorts, is immoral; but the afidavits never yet heard of any guit, or trial, upon and the declarations are a great deal; the subject bcrore. For my part, I was so and, of those declarations, no one has ignorant of the nature of those transac- more reason to complain than myself, tions, called strek-jobbing, that, not three upon the , supposition of their being months ago, it required a long while to untrue, which, after all, I cannot bring make me understand how a man could sell myself to believe. Judges, jurors, adroa million's worth of stock, without being cates, all may be deceived by a combinapossessed of a million of money; and I don of circumstances. Had I been a was utterly astounded at the idea of juror, never having leard any thing but man's holding such immense sums in name, what was produced in evidence, as given without any reality.-It is gambling; sheer in the newspapers, I think I should have gambling, to all intents and purposes; and decided as the jury, upon this occasion, it is, morally speaking, no more criminal did decide. And, 1' allow, that, in many than it is to play at cards, even for a penny cases, circumstantial evidence must be ada game. The object of the gambler at mitted as proof, or, that the worst of cards (no matter whether in a parsonage- crimes must go unpunished. But, on the house, or at the Cocoa Tree) is to gain by other hand, circumstances: may occur, such the loss of one's neighbour. And as to as do, and ought to, produce conviction, the taking of an unfuir ailvantage, in the anal yet the party accused may be innocent, case of the funds, it is no more anfair to and may suffer without any one being to contrive the means of rai-int or depressing blame. Of the many suspicious circumthe funds, than it is to avail one's self of real stances in this case, one, which had much intelligence, which one takes the m.cans of weight with the public, was, that it was n!:ining somer than the rest of the fund- discovered that one of De Berenger's bay holders ; and we heard a in giving his was a Mr. Cochrane. But how naturali, evidence upon this very trial, stating, that was this explained, when it appeared, that lis business at Dover was to obtain early it was a Mr. Cochrane, a bookseller, in intellige :2 4:hij in his funiling spc- no way related to, or acquainted with, my



Lord Cochrane or his uncle, but the bro-, and it is the object of every game; it is ther-in-law of Mr. De Berenger's attor- the object of every person, engaged in any thy? It has been said, that, if these game, to obtain something from his neighparties be innocent, the combination of bour without rendering him an equivalent. circumstances is almost miraculous. I There is no taste in morals.“ As a morad agree to this; but still there is a possibility act, the thing must be right or wrong; and, of such a combination. This is an idea that gaming is not right, is evident, from that I shall with great reluctance abandon; its being a mode of obtaining from others for, if I were to give it up, my resentment their property without an equivalent of any against the parties would have no bounds. sort. Wherever there has been a funding They all, from first to last, to me protested system, there has, indeed, always been their innocence; and, with me, I could see gambling upon a large scale; but still, if no reason for disguise. Of course, I looked the youth of the country were not taught upon them as most foully calumniated; and by their parents to game, there would be with the share of ability that I had, I much less of gambling in the funds than espoused their cause ; never, however, in we now witness. In vain have laws been any case, endeavouring to give a false passed to make the public gaming-houses colouring to any one fact or circumstance criminal

, and to punish stock-jobbing, that came under my notice. It is to be an infamous offence.

Still we see hoped, that the perilous situation of these gaming-houses crowded with persons of gentlemen, whatever the final consequence the first rank, and stock-jobbing openly may be, will operate as a warning to every practised by hundreds and thousands body not to indulge in gambling specula- of people, many of whom, I dare say, tions of any sort; and to parents, not to are subscribers to the Bible Societies, and educate their children in gambling prin- who, indeed, are, in other respects, very ciples. He who suffers the use of cards, worthy men ! though daily engaged in a lice, and the like, to make part of the practice, which the law denominates infapastime of his fire-side, must not complain mous. It is in vain to pass such laws if his sons and daughters are ruined at the while cards and dice occupy, under his gaming-table, or in the Alley. If the father's roof, a part of the time of almost habit of seeking to obtain gain by the loss every boy in the country. There it is that of a brother or a cousin once gets hold of a the pernicious sced is sown. There the deboy, he is ready to go forth into the world sire of obtaining his neighbours goods witha gambler, and utter ruin is more than half out an equivalent is implanted in his breast. prepared to his hands. The excuse for There it is that he first inbibes the danplaying at cards and dice is, that some- gerous idea of leaving his fortune to thing is necessary to pass away the time. chance ; of depending upon Cunning and Amongst savages, or persons wholly illi- address rather than upon

labour or mental terate, such an excuse might have some acquirements. Gaming is also pernicious thing like reason to support it; but, is in another respect. It frequently supplants it not shocking to suppose that such a useful talent ; or, at least, pre-occupies its mode of passing the time, that such a place. There are few boys, who are not mode of preventing weariness, amongst desirous to excel in something. Keep the persons with houses full of books, and cards and the dice, and the chess, and the with all the arts and all the sciences drafts, and the dominoes, and the devil as a field for conversation, should obtain. knows what besides, from a boy, and he The deaf cannot want cards for amuse- will, in all human probability, lay hold of ment, nor can the dumb, while they something useful. It may, perhaps, ac haye eyes to read with; and as to the cording to the cast of his mind, and the blind, they cannot see the cards. So that strength of his body, be riding, shooting, there is no excuse for any person, who is hunting, bird-catching, rat-catching, or able to hear, see, or speak, except, as I mouse-catching; perhaps he may spend his said before, for those who are in a state of winter's evenings in bickering about with savage ignorance. I am not to be told his whip or his gun, or his traps or his that it is a matter of taste; for the law dogs; but, not to insist that there may makes gambling a crime, and it is, un- something useful arise out of this, and that questionably, a moral offence to endeavour the catching of a single mouse is to do to obtain your neighbour's goods, without more good than was ever done at cardun equivalent rendered to him in return; playing since the creation of the world, *



boy so engaged does not, at any rate, con- walks of life, and upon different persons in tract the truly hateful habit of seeking to the same walk of life; but the hateful obtain the property of his neighbour with principle is always the same, and he who o't exchange or payment. It is said that teaches his child to game, in


manner the use of cards and dice and the like, whatever, is, if ever the child be ruined by tends to cheerfulness in society. Look at gaming of any sort, the author of that ruin. a group of card-players, watch the anxiety, Since writing the above, Lord Cochrane the hopes, the fears, the exultation, the has appeared personally in Court to demand chagrin, the disappointment, the affecta- a new trial, offering affidavits to clear tion, and the spite that alternately be the matter, and to prove his innocence, tray themselves by the countenances of which, it appears, the rules of the Court the several players; and then turn to the would not admit of, because all the parties fire-side of a quaker, who never suffers a did not appear together to demand the new card to come into his house, and you will trial. Upon this occasion, as will be seen soon be able to decide which is the scene by the report of what passed in the Court, of real cheerfulness.-Gaming, in many (and which report is inserted below,) that cases, becomes a discuse of the mind, of Lord Coclirane stated, that he did not which it would be full as difficult to cure a authorize any one to say, he had been misman as it would be to cure him of insanity: taken as to the colour of De Berenger's I remember a drum-boy who was afflicted uniform, and that he had never seen a of this disease to that degree, that he gamed brief till after the trial. away all his pay, his shirts, his stockings,

COURT OF KING's BENCH, JUNE 14. and all his necessaries, and who constant

After the Special Paper had been gone ly, for many montlis, gamed away his loaf, which was served out to him twice a week; the Court, and spoke to she following effect :

through, Lord Cochrane presented himself to till, at last, to prevent him from begging “Scarcely recovered, from the shock pro.. about the streets of Chatham and Roches-duced by the late charge of a very serious ter, we were compelled to take his loaf offence, which was preferred against me, I from hin, to serve it out to him a slice at a have to request the indulgence of the Court, time, and to see that he cat it. If this boy not only on that groand, but also because I had been in bigh life, what a brilliant figure the form of proceedings in a court of Law.

am not habituated to, por acquainled with might he not have cut in St. James's-strect, I feel it essentially necessary, on the present or upon the Stock-Exchange! What a occasion, to apply to your Lordships, in orfamous Bull or Bear, he would have der that what i conceive to be justice may made! He would have sold you half the be done to me with reference to the procecd. National Debt of a morning, and the other ings on the late trial--and I hope I shall be half in the afternoon. People talk of an ought to be granted, as far, at least

, as I am

able to satisfy your Lordships, that a new trial innocent

of cards. There is


concerned and implicated in the transaciion thing as an innocent game of cards. The

to which I allude. It has been ing misfortune, very

basis of gaming is morally wrong, and I am sorry to say, to forin an intimacs-1 the smallness of the sum endeavoured to be bes your Lordships' pardon-I did not mean obtained by it, cannot alter the nature of to use the word intimacy-hut to form an the act, any more than the amount of a acquaintance with individuals, whose habits, bank-rote can alter the nature of the act most unfavourable to me. I have been in

conduct, and general character, bare been of forging it.

The evil passion is as formed, iny Lords, that it is not competent visible, and very often as powerful in a con- for Counsel to move, op an occasion of this tention for small sums as for large sums. sort, for a new trial; and, therefore, I am I have an hundred times seen men with induced to supplicate your Lordships, by : their heavy accoutrements upon their back, personal application in my own behalf.” and in a broiling hot sun (heing forbidden been misinformed on that subject. An appli

loril Ellenborough- “ You must have to play in the guard room) playing, for cation of this kind may be made by Counsel, hours together, for grains of Indian corn, and perhaps with more convenicnce and ador short hits of tobacco-pipe, and be as vantage to yourself." eager to ovar-reach one another, and as Lord Cochrane.--"I understand there has load in their mutual accusations and re

Precn a decision of this Court, which preporoaches, as any pair of stock-jobbers tisat cludes any person, convicted with others of ever bawled in Change Alley. In short, Court to ina ke nn application for a new trial,

a conspiracy, from appearing hefore the waming is always the same in the principles cuess the whole of the conspirators are pre. Ii produces different eifects in differer: sed when the application is made ?"


Lord Ellenborough-" That rule applies orer whom I have no control, do not dare whether you make the application by Coun- to appear in Courl.”. sel, or personally."

Liird Elleoborough- We must really Lord Cochrane-" It is only to avoid abide by the rules of the Court, which are : placing Counsel in a situation where the re- f'imperative upon us. No distinction can bisa quest would le refused, that lam induced to made between the poor and the rich in the trespass on your Lordships, aud lo crave the adıninistration of public justice." indulgence of the Court."

Lord Cochrane" l! has been my great Lord Eienborough““ We cannot hear missorlune to be connected with persons you, woless all the parties to the transaction over whom I have no sort of control what." are in Court. The application can only be ever; I hope, therefore, that your Lordship made when all the Defendants are present. will extend your indulgence so far as to perThe rule of law. upon this point has even unit me to read affidavits.”-llis Lordship been laid down in Court this worning.” was then proceeding lo read an affidavit, Lord Cochranc-" I humbly request your


Lord Ellenborough again interposed Lordships' indulgence to make a short state. meat to the Court, of circumstances which

“The rules of this Court, as I have already appear to me to be exceedingly material to said, must be observed. They exclude you, the elucidation of this transaction."

aud every other person in a similiar situa

tion, fron making such an application. The Lord Ellenborough- We are extremely principle on which we have acted this day sorry that we cannot, in a case of this sort, towards other persons (the Askews), innse yield to any individual the right to make

now be observed towards you. I would be such an application. The roles of law are

said, very naturally, if this were not lie case, laid down for the high and the low. We that laws were made for the poor, and not cannot listen to the circumstances you state for the rich. We caonot suíter your Lord. yourself to be about to lay before the Court.” ship to proceed.” Lord Cochrane-(exhibiting several papers

Lord 'Cochrane" I will briefly slate to in his hand)—“My Lords, I do entreat your your Lordships the facts which occurred at Lordships to allow ine to read a statement to The late Trial, on which I found my applica. the Court, whicli, I think, is extremely neces tion. On that occasion, there were several sary to the full elucidation of the circum- rircumstances which were not laid before the stance of this case."

Court hy nig Counsel, (and here I mean not Mr. Justice Dampier-"The rule of Court lo impuie any blame to theni), which would is imperative, and we cannot suffer il." have been extremely material to my defence; Lord Cochrane“ The circumstances on

and, my Lords, there was even in the brief which I make this application are extremely

an admission stated on iny past, which I brief. I do not come belore your Lord never meant to have made a stateinent, ships to make an irrelevant stalement, but however, which I am convinced merely arose one completely pertinent to the transaction from error: I mean, my Lords, the stateI will produce such facts as, I trust, will sa- ment of my having admisicd that the stranger

- That

came to my house with a red coat on.tisfy your Lordships that I am justified in making this application. I hold in my hands admission, my Lords, I dever intended to

have made.” affidavits to establish the truth of the circumstance: I am about to state.”

The Court again interposed, and said, his Mr. Justice Le Blanc-"We cannot hear Lorship could not be sufered to proceed. them."

His Lordship then put up bis papers, aort

withdrew. Lord Ellenborough --" We cannot extend to you that indulgence which we would not Corx Bil.

-Instead of an answer, shew to other persons. The rule of practice or any attempt at an answer, to my in this Court is imperative. We are extreine

Address to ly unwilling to interrnpt you on such an oc

my worthy but deludeá casion, but we cannot forego a rule solemnly

neighbours of Southampton," I have haid down, We must oppose the same oh received three most abusive anorymor's jection to an application made by an indivi- letters from that town. This is not a procf, dual, as we should interpose if it were made at any rate, of the weakness of my arguby Counsel.” Lord Cochrane—“I trust that I shall be that it afforis mc great satisfaction; be

ments. This is so far from displeasing me, able to satisfy the Court, that it is most proper to grant a new trial in this case. If your cause I conclude, that the few basé art Lordships will permit me to proceed, I shall brutal people in Southampton (and wat be able to prove to your Lordships, by these town is wholly without sich?) are enraged affidavits, that the justice of the case re- at perceiving that I have produced cerquires that a revision of it should takr place, viction in the minds of all the letter-inas far as I am concerned. I shall be able to formed, impartial, and worthy part of my show to your Lordshipe, that I am innocent of the offence impuled to me; and that neighbours. Southampton is ret less disa those wbo are guilty in this trausaction, ang itinguished by the general good sense and.

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