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


[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-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, his Uncle, word I would have staked my life, always and Mr. Butt ; and, whenever, in conver- having observed bim 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,


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 COL. But 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 biin was at stake, how came the servants, who personally.-- The bare fact of the Hoaxer had deposed to the GREEN .collar, nct 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 been Mr. Serjeant Best endeavouring to account conclusive against my Lord Cochrane. for the want of recollection


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 howwas 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 ȘCARLET ? 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 siugle 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 most 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 habit of selling out, day evening. This assurance I have given




and so

to all those who have talked with me on culations. Was not this to aim at an the subject. But I was, it now appcars, 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, oaths of so many witnesses, whose veracity, but he suppresses the truth. He does notin suci 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 casuihciently 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 subject ly compared to the cogging of a die, or the of regret with

me, 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 io 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 falsehood, 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 arc 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, weck, för ttventy 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 one has ignorant of the nature of those transac- more to complain than myself, tions, called strck-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, advos a million's worth of stock, without being cates; all may be deceived by a combinapossessed of a million of money; and I tion of circumstances. Had I been a 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 decides : 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 honse, 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 unfair adrantage, in the and yet the party accused may be innocent, case of the funds, it is no more unfair to and may suffer without any one being to contrive the means of raising or depressing blame.' of the many suspicious circumthie funds, than it is to avail one's self of real stances in this case, one, which had much intelligence, which one takes the means of weight with the public, was, that it was obting soarer than the rest of the fund- discovered that one of De Berenger's bail bolders; an: we heard a man giving his was a Mr. Cochrane. But how naturally evidence upon this very trial, stating, that was this explainel, when it appeared, that his business at Dover was to obtain écry it was a Mr. Cochrane, a bookseller, in intellige. ce to dil kim in his farding spc- l no way related to, or acquainted with, my



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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 They? 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 moral 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, fro: 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 my 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 wuld be with the share of ability that I had, I much less of gambling in the furads 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 gam jng-houses colouring to any one fact or circumstance criminal, and to punish stock-jobbing, that came under my notice. It is to be as 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 gainbling 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 dice, 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 seed 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 imbibes 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

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, achave 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 be 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 cardan equivalent rendered to him in return; playing since the creation of the world, a

upon labour

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boy 30 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 withi- principle is always the same, and he who ont exchange or payment. It is said that teaches his child to game, in

any manner the use of cards and dice and the like, whatever, is, if ever the child be ruined by tands to cheerfulness in society. Look at gaming of any sort, the author of that ruin. a group of card-players, watch tlx anxiety, Since writing the above, Lord Cochrane the hopes, the fears, the exultation, the has appeared personally in Court to demand cha grin, the disappointment, the affecta- a new trial, offering affidavits to clear up tion, and the spite that alternately be the matter, and to prove his innocence, tray themselves by the countenancés 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 vle to decide which is the scene by the report of what passed in the Court, of real c.izerfulness.-Gaming, in many (and which report is inserted below,) that cases, becines a disease of the mind, of Lord Cochrane 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 wonld 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 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 constantly, for many months, gamed away his loaf, through, Lord Cochrane presented himself to

After the Special Paper had been gone 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 eat it. If this boy not only on that ground, but also because I had been in high life, what a brilliant figure the form of proceedings in a Court of Law.

am not habituated to, nor acquainted with might he not have cut in St. James's-street, I feel it essentially necessary, on the present or upon the Stock-Exchange! What a occasion, to apply to your Lordships, in or. famous Buil or Bear, he would have der that what i conceive to be justice may niade! He would have sold you half the be done to me with reference to the proceedNatiènal 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

able to satisfy your Lordships, that a new trial

ought to be granted, as far, at least, as I am of cards. There is no innocent game


concerned and implicated in the transaction tlring as an innocent game of cards. The to which I allude. It has been iny misfortune, very basis of gaming is morally wrong, and I am sorry to say, to forin an intimacy-1 the smallness of the sum endeavoured to be beg your Lordships' pardon- I did not mean obtained by it, cannot alter the nature of to use the word intimacy-but to form an tlre act, any more than the amount of a acquaintance with individuals, whose habits,

conduct, and general character, bave been bank-note ean alter the nature of the act

most unfavourable to me. I have been inof forging it. The evil passion is as formed, my Lords, that it is not competent visible, and

very often as powerful in a con- for Counsel to move, on 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 se

seen men with induced to sırpplicate your Lordships, by a their heavy accoutrements upon their back, personal application in niyowu behalf.” and in a broiling hot sun (being forbidden been misinformed on that subject. An appli

Lord Ellenborough- ." You inust have to play in the guard room) playing, for cation of this kind inay be made by Counsel, doars together, for grains of Indian corn, and perhaps with more convenience and ador short bits of tobacco-nipe, and be as vantage to yourself.” edger to over-reach one another; and as Lord Cochrane, I understand there has loud in their mutual accusatings and re

been a decision of this Court, which preproaches, as any pair of stock-jobbers that cludes any person, convicted with others of ever bawled in Change Alley.-In short, Court to make an application for a new trial,

a conspiracy, from appearing before the gaming is always the same in the principle. unless the whole of the conspirators are preI: produces different elects ia differcat seat when the application is inade ?”


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

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 he refused, that I ani induced to made between the poor and the rich in the trespass on your Lordships, and to crave the adıninistration of public justice." indulgence of the Court."

Lord Cochrane" 1! has been my great Lord Ellenborough-

caunot hear misfortune to be connected with persons you, unless all the parties to the transaction over whom I have no sort of control whalare 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 mit me to read affidavits.”-His Lordship been laid down in Court this morning." was then proceeding to read an affidavit, Lord Cochrane." I humbly request your

wlien Lordships' indulgence to makc a short state.

Lord Ellenborough again interposed-

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

and 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), inust yield to any individual the right to make

now be observed towards you. It would be such an application. The rules of law are said, very naturally, if this were not the case, laid down for the high and the low. We that laws were made for the poor, and not .cannot listen to the circunstances you state for the rich. We cannot suffer your Lordyourself to be about to lay before the Court.” ship to proceed.” Lord Cochrane-(exhibiting several papers

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

Court by my Counsel, (and here I mean not Mr. Justice Dampier--- The rule of Court to impuic any blanie to them), which would is imperative, and we cannot suffer it.” have been extremely material to my defence: Lord Cochrane-" The circumstances on

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

an admission stated on my part, which I brief. I do not come belore your Lord.

never meant to have made a statement, 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 admilied that the stranger

came to tisfy your Lordships that I am justified in

house with a red coat on.-- That

my inaking this application, I hold in

admission, my Lords, I never intended to hands

niy affidavits to establish the truth of the circum

have made." stances I am about to state."

The Court again interposed, and said, his Mr. Justice Le Blanc-* We cannot bear Lordship could not be suffered to proceed. them."

His Lordship then put up his p:ipers, and

withdrew. Lord Ellenborough". We cannot extend to you that indulgence which we would not CORN BILL.

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

Address to ly unwilling to interrupt you on such an of: " neighbours of Southampton,” I have

my worthy but deluded casion, but we cannot forego a rule solemnly laid down-We must oppose the same ob- received three most abusive anonymous jection to an application made by an indivi- letters from that town. This is not a proof, dual, as we should interpose if it were made at any rate, of the weakness of my arguby Counsel."

ments. This is so far from displeasing me, Lord Cochrane“I trust that I shall be that it affords me great satisfaction; beable to satisfy the Court, that it is most proper to grant a new trial in this case. If

cause I conclude, that the few base and

f your Lordships will permit me to proceed, I shall brutal people in Southampton (and what be able to prove to your Lordships, hy these town is wholly without such?) are enraged affidavits, that the justice of the case re- at perceiving, that I have produced con-' quires that a revision of it should take place, viction in the minds of all the better-inas far as I am coucerned. I shall be able to formed, impartial, and wortlıy part of my show to your Lordships, that I am innocent of the offence imputed to me; and that neighbours. Southampton is not less disthose who are guilty in this transaction, and I tinguished by the general good sense and

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