Abbildungen der Seite
PDF
EPUB

COBBETT'S WEEKLY POLITICAL REGISTER.

VOL. XXV. No. 25.] LONDON, SATURDAY, JUNE 18, 1814. [Price 1s.

169]

[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 grieved and disappointed me 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-mcn 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, his Uncle, word I would have staked my life, always and Mr. Butt; and, whenever, in conver- having observed him to be so scrupulous sation, I have had occasion to speak of the in making assertions, even as to the most matter, 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 solemn this; and I have been grievously disap-verla 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 seemed to me to stand acquitted, servants 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 collar 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, when 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 bech 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 joined to the facts of refuge and disguise afforded, there was, unhappily, the fact of Lord Cochrane having profited from the Hoar. Yet, this might happen too, as he was in the almost daily habit of selling out,

could not entertain a doubt.-This single circumstance had naturally very great weight. But I was assured, in the most positive terms, that it would be proved that De Berenger was in London on the Sun day evening. This assurance I have given

Bb

2

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 misinformed. The proof of the alibi has he comes to town with his early intellifailed. Indeed, 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, bath of so many witnesses, whose veracity, but he suppresses the truth. He does not in such a case, it is impossible to suspect; cog the dic, but he uses the die already because, there could have been no motive cogged to his hand. I must leave it to casufficiently powerful to induce them to run 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-Exchange has been unjustwas, from the moment I saw it, a subjectly 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 his 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 which, in case of proved falschoed, no le- his 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 never happens, though the newspaper peothe moral offence. Whether it be a legal ple are continually accusing each other, in 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 offence, 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 affidavits never yet heard of any suit, or trial, upon and the declarations are a great deal; the subject before. For my part, I was so and, of those declarations, no ignorant of the nature of those transac-more reason to complain than myself, tions, called stock-jobbing, that, not three months ago, it required a long while to make me understand how a man could sell a million's worth of stock, without being possessed of a million of money; and Ition of circumstances. was utterly astounded at the idea of a juror, never having heard 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, I 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 the lass of one's neighbour. And as to the taking of an unfair advantage, in the case of the funds, it is no more unfair to contrive the means of raising or depressing the funds, than it is to avail one's self of real intelligence, which one takes the means of olining oner than the rest of the fundholters; and we heard a man giving his evidence upon this very trial, stating, that his business at Dover was to obtain early intellige to aid him in his funding spcDiscounts, 4.

upon the supposition of their being untrue, which, after all, I cannot bring myself to believe. Judges, jurors, advocates, all may be deceived by a combina

Had I been a

other hand, circumstances may occur, such as do, and ought to, produce conviction, and yet the party accused may be innocent, and may suffer without any one being to blame. Of the many suspicious circumstances in this case, one, which had much weight with the public, was, that it was discovered that one of De Berenger's bel was a Mr. Cochrane. But how naturaliz was this explained, when it appeared, that it was a Mr. Cochrane, a bookseller, in no way related to, or acquainted with, my

Lord Cochrane or his uncle, but the brother-in-law of Mr. De Berenger's attorHey? It has been said, that, if these parties be innocent, the combination of circumstances is almost miraculous. I agree to this; but still there is a possibility of such a combination. This is an idea that I shall with great reluctance abandon; for, if I were to give it up, my resentment against the parties would have no bounds. They all, from first to last, to me protested their innocence; and, with me, I could see no reason for disguise. Of course, I looked upon them as most foully calumniated; and with the share of ability that I had, I espoused their cause; never, however, in any case, endeavouring to give a false colouring to any one fact or circumstance that came under my notice. It is to be hoped, that the perilous situation of these gentlemen, whatever the final consequence may be, will operate as a warning to every body not to indulge in gambling speculations of any sort; and to parents, not to educate their children in gambling principles. He who suffers the use of cards, dice, and the like, to make part of the pastime of his fire-side, must not complain if his sons and daughters are ruined at the gaming-table, or in the Alley. If the habit of seeking to obtain gain by the loss of a brother or a cousin once gets hold of a boy, he is ready to go forth into the world a gambler, and utter ruin is more than half prepared to his hands. The excuse for playing at cards and dice is, that something is necessary to pass away the time. Amongst savages, or persons wholly illiterate, such an excuse might have something like reason to support it; but, is it not shocking to suppose that such a mode of passing the time, that such a mode of preventing weariness, amongst persons with houses full of books, and with all the arts and all the sciences as a field for conversation, should obtain. The deaf cannot want cards for amusement, nor can the dumb, while they have eyes to read with; and as to the blind, they cannot see the cards. So that there is no excuse for any person, who is able to hear, see, or speak, except, as I said before, for those who are in a state of savage ignorance. I am not to be told that it is a matter of taste; for the law makes gambling a crime, and it is, unquestionably, a moral offence to endeavour to obtain your neighbour's goods, without an equivalent rendered to him in return;

and it is the object of every game; it is the object of every person, engaged in any game, to obtain something from his neighbour without rendering him an equivalent. There is no taste in morals. As a moral act, the thing must be right or wrong; and, that gaming is not right, is evident, from its being a mode of obtaining from others their property without an equivalent of any sort. Wherever there has been a funding system, there has, indeed, always been gambling upon a large scale; but still, if the youth of the country were not taught by their parents to game, there would be much less of gambling in the funds than we now witness. In vain have laws been passed to make the public gaming-houses criminal, and to punish stock-jobbing, as an infamous offence. Still we see gaming-houses crowded with persons of the first rank, and stock-jobbing openly practised by hundreds and thousand of people, many of whom, I dare say, are subscribers to the Bible Societies, and who, indeed, are, in other respects, very worthy men! though daily engaged in a practice, which the law denominates infamous. It is in vain to pass such laws while cards and dice occupy, under his father's roof, a part of the time of almost every boy in the country. There it is that the pernicious seed is sown. There the desire of obtaining his neighbours goods without an equivalent is implanted in his breast. There it is that he first imbibes the dangerous idea of leaving his fortune to chance; of depending upon cunning and address rather than upon labour or mental acquirements. Gaming is also pernicious in another respect. It frequently supplants useful talent; or, at least, pre-occupies its place. There are few boys, who are not desirous to excel in something. Keep the cards and the dice, and the chess, and the drafts, and the dominoes, and the devil knows what besides, from a boy, and he will, in all human probability, lay hold of something useful. It may, perhaps, according to the cast of his mind, and the strength of his body, be riding, shooting, hunting, bird-catching, rat-catching, or mouse-catching; perhaps he may spend his winter's evenings in bickering about with his whip or his gun, or his traps or his dogs; but, not to insist that there may be something useful arise out of this, and that the catching of a single mouse is to do more good than was ever done at cardplaying since the creation of the world, a

boy so engaged does not, at any rate, contract the truly hateful habit of seeking to obtain the property of his neighbour without exchange or payment. It is said that the use of cards and dice and the like, tends to cheerfulness in society. Look at a group of card-players, watch the anxiety, the hopes, the fears, the exultation, the chagrin, the disappointment, the affectation, and the spite that alternately betray themselves by the countenances of the several players; and then turn to the fire-side of a quaker, who never suffers a card to come into bis house, and you will soon be able to decide which is the scene of real cheerfulness.-Gaming, in many cases, becomes a disease of the mind, of which it would be full as difficult to cure a man as it would be to cure him of insanity. I remember a drum-boy who was afflicted of this disease to that degree, that he gamed away all his pay, his shirts, his stockings, and all his necessaries, and who constant

walks of life, and upon different persons in the same walk of life; but the hateful principle is always the same, and he who teaches his child to game, in any manner whatever, is, if ever the child be ruined by gaming of any sort, the author of that ruin.

Since writing the above, Lord Cochrane has appeared personally in Court to demand a new trial, offering affidavits to clear up the matter, and to prove his innocence, which, it appears, the rules of the Court would not admit of, because all the parties did not appear together to demand the new trial. Upon this occasion, as will be seen by the report of what passed in the Court, (and which report is inserted below,) that Lord Cochrane stated, that he did not authorize any one to say, he had been mistaken as to the colour of De Berenger's uniform, and that he had never seen a brief till after the trial.

I

COURT OF KING'S BENCH, JUNE 14.

After the Special Paper had been gone

ly, for many months, gamed away his loaf, through, Lord Cochrane presented himself to which was served out to him twice a week; the Court, and spoke to the following effect: till, at last, to prevent him from begging "Scarcely recovered, from the shock proabout 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 him, 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 ground, but also because I am not habituated to, nor acquainted with had been in high life, what a brilliant figure the form of proceedings in a Court of Law. might he not have cut in St. James's-street, 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 proceed National Debt of a morning, and the otherings on the late trial-and I hope I shall be half in the afternoon. People talk of an innocent game of cards. There is no such thing as an innocent game of cards. The very basis of gaming is morally wrong, and the smallness of the sum endeavoured to be obtained by it, cannot alter the nature of the act, any more than the amount of a bank-note can alter the nature of the act of forging it. The evil passion is as visible, and very often as powerful in a contention for small sums as for large sums. I have an hundred times seen men with their heavy accoutrements upon their back, and in a broiling hot sun (being forbidden to play in the guard room) playing, for hours together, for grains of Indian corn, or short hits of tobacco-pipe, and be as eager to over-reach one another, and as load in their mutual accusations and re

proaches, as any pair of stock-jobbers that ever bawled in Change Alley.-In short, gaming is always the same in the principle I produces different effects in different

able to satisfy your Lordships, that a new trial
ought to be granted, as far, at least, as I am
concerned and implicated in the transaction
to which I allude. It has been my misfortune,
I am sorry to say, to form an intimacy-I
beg your Lordships' pardon-I did not mean
to use the word intimacy-but to form an
acquaintance with individuals, whose habits,
most unfavourable to me. I have been in-
conduct, and general character, have been
formed, my Lords, that it is not competent
for Counsel to move, on an occasion of this
sort, for a new trial; and, therefore, I am
induced to supplicate your Lordships, by a
personal application in my own behalf."
been misinformed on that subject. An appli-
Lord Ellenborough- "You must have
cation of this kind may be made by Counsel,
and perhaps with more convenience and ad-
vantage to yourself.”

Lord Cochrane." I understand there has heen a decision of this Court, which precludes any person, convicted with others of Court to make an application for a new trial, a conspiracy, from appearing before the unless the whole of the conspirators are preseat when the application is made?"

Lord Ellenborough-" That rule applies whether you make the application by Counsel, or personally."

over whom I have no control, do not dare to appear in Court.”

Lord Ellenborough- 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-imperative upon us. No distinction can be quest would be refused, that I am induced to trespass on your Lordships, and to crave the indulgence of the Court."

Lord Ellenborough" We cannot hear you, unless all the parties to the transaction are in Court. The application can only be made when all the Defendants are present. The rule of law upon this point has even been laid down in Court this morning.”

Lord Cochrane-" I humbly request your Lordships' indulgence to make a short statemeat to the Court, of circumstances which

appear to me to be exceedingly material to

the elucidation of this transaction."

Lord Ellenborough-" We are extremely sorry that we cannot, in a case of this sort, yield to any individual the right to make such an application. The rules of law are laid down for the high and the low. We cannot listen to the circumstances you state yourself to be about to lay before the Court." Lord Cochrane-(exhibiting several papers in his hand)" My Lords, I do entreat your Lordships to allow ine to read a statement to the Court, which, I think, is extremely necessary to the full elucidation of the circumstance of this case."

Mr. Justice Dampier-"The rule of Court is imperative, and we cannot suffer it."

Lord Cochrane-" The circumstances on which I make this application are extremely brief. I do not come before your Lord ships to make an irrelevant statement, but one completely pertinent to the transaction. I will produce such facts as, I trust, will satisfy your Lordships that I am justified in making this application. I hold in my hands

affidavits to establish the truth of the circumstances I am about to state."

made between the poor and the rich in the administration of public justice."

Lord Cochrane-"It has been my great misfortune to be connected with persons over whom I have no sort of control what-“ ever; I hope, therefore, that your Lordship will extend your indulgence so far as to permit me to read affidavits."-Ilis Lordship was then proceeding to read an affidavit, when

Lord Ellenborough again interposed"The rules of this Court, as I have already said, must be observed. They exclude you, and every other person in a similiar situation, from making such an application. The principle on which we have acted this day towards other persons (the Askews), most now be observed towards you. It would be said, very naturally, if this were not the case, that laws were made for the poor, and not for the rich. We cannot suffer your Lordship to proceed."

Lord Cochrane-" I will briefly state to your Lordships the facts which occurred at the late trial, on which I found my applica tion. On that occasion, there were several circumstances which were not laid before the Court by my Counsel, (and here I mean not to impute any blame to them), which would have been extremely material to my defence; and, my Lords, there was even in the brief an admission stated on my part, which I however, which I am convinced merely arose never meant to have made a statement, from error: I mean, my Lords, the statement of my having admitted that the stranger came to my house with a red coat on.-That admission, my Lords, I never intended to

have made."

The Court again interposed, and said, his Mr. Justice Le Blanc-" We cannot hear Lordship could not be suffered to proceed. His Lordship then put up his papers, and withdrew.

them."

Lord Ellenborough-" We cannot extend to you that indulgence which we would not shew to other persons. The rule of practice in this Court is imperative. We are extremely unwilling to interrupt you on such an occasion, but we cannot forego a rule solemnly laid down,-We must oppose the same objection to an application made by an individual, as we should interpose if it were made by Counsel."

Lord Cochrane-"I trust that I shall be able to satisfy the Court, that it is most proper to grant a new trial in this case. If your Lordships will permit me to proceed, I shall be able to prove to your Lordships, by these affidavits, that the justice of the case requires that a revision of it should take place, as far as I am concerned. I shall be able to show to your Lordships, that I am innocent of the offence imputed to me; and that those who are guilty in this transaction, and

66

CORN BILL.

66

-Instead of an answer, or any attempt at an answer, to my Address to my worthy but deluded neighbours of Southampton," I have received three most abusive anonymous letters from that town. This is not a procf, at any rate, of the weakness of my argu ments. This is so far from displeasing me, that it affords me great satisfaction; because I conclude, that the few base and brutal people in Southampton (and what town is wholly without such?) are enraged at perceiving, that I have predreed conviction in the minds of all the better-informed, impartial, and worthy part of my neighbours. Southampton is ret less dis tinguished by the general goed sense and

« ZurückWeiter »