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produced by striking one flint against another. It was the explosion of a species of gas; but it was not fire, because it would not burn paper.

Mr. Fielding said, that the preparation contained the igneous element; that the flash was from some species of fire. The Act had introduced the genus generalissimum, fire, the igneous element; and although the legislature at the time of making the law probably only contemplated "fireworks" made with gunpowder, yet as the word had been introduced, he could not restrict its meaning. It comprehended every species of fire, however produced; and there were many species of flame or fire. But the simple fact of the composition producing some sort of fire did not bring it within the contemplation of the statute. A gas light, brimstoned matches, and phosphorous boxes, were fireworks; but none of them were of that mischievous tendency meant to be guarded against by the Act. It was necessary to establish, not only that the articles complained of were fireworks, but also that they were calculated to produce serious mischief. Now these detonating balls, it had been proved, were calculated to effect abundant mischief.

Mr. Cooper observed, that the balls did not contain fire, but latent caloric; and they would go off in a vacuum nat requiring the intervention of air to cause explosion. Sugar, and rubbing together two pieces of borax, would produce flame, as would many phosphoric bodies; but that flame was not fire. [Johnson defines flame to be light emitted from fire."]

Mr. Fielding could not agree that what was called latent caloric was not a species of fire, as the balls threw out considerable flame and sparks. As it was established that these balls were not only fireworks, but that they possessed the mischievous qualities guarded against by the act, he must pronounce for conviction. The venders of these useless and mischievous articles had said, why not punish those wanton people who explode them at public places? This was plausible but erroneous reasoning; for in the eye of the law it was more politic to punish him who provided the means of working mischief, than the individual who used those means; but for the satisfaction of the philosophical gentlemen who manufactured these balls, he would state, that should any wanton persons be brought before him for exploding these balls, he would punish to the utmost severity of the law.

Mr. Cuthbert observed, that a dozen balls could be made with twopenny worth of fulminating silver; and since fulminating silver itself, without being made into balls with glass bulbs, would explode if thrown on the ground with force, he inquired whether he would be liable to an information if he were to sell it.

Mr. Fielding feared that he would. Convicted in the penalty of 51. and costs.

CONSPIRACY FOR RAISING THE FUNDS.

No trial in the present year so much interested the public, as that of the persons concerned in the fraud upon the Stock Exchange,

of the general circumstances of which an account will be found in our Chronicle for the month of February. The report at large of the trial itself occupies a bulky volume; and we can only allot for it a space sufficient for a very summary view of the principal points of the evidence, and the result of the whole.

The persons tried were Charles Random de Berenger, Sir Thomas Cochrane, commonly called Lord Cochrane, the Hon. Andrew Cochrane Johnstone, Richard Gathorne Butt, Ralph Sandon, Alexander M'Rae, John Peter Holloway, and Henry Lyte. The crime charged was a conspiracy for raising the Funds, and thereby injuring those who should become purchasers in them; the Court was the King's Bench, Guildhall, before Lord Ellenborough, on June 8th and 9th. The case for the prosecution having been stated by Mr. Gurney, the first witness called was John Marsh, master of the Packet Boat public-house, at Dover. His evidence went chiefly to prove the fact of a gentleman, drest in a grey great-coat and a red uniform under it, with a star, knocking at the door of the Ship Inn, early in the morning of February 21st, whom he assisted to get into the inn, and who said that he was the bearer of very important dispatches from France. He was fully satisfied that Berenger was this person. This evidence was confirmed by that of Gourley, a hatter, who was at that time in Marsh's house.

Mr. St. John, who was then at the Ship Inn as a traveller, deposed in like manier to the arrival of a person who asked for a post-chaise, to his dress, and to the identity of Berenger as this person.

Admiral Foley was then called to prove the receipt of a letter dispatched to him as port-admiral at Deal, by express from Dover, from a person at the Ship Inn, who signed himself R. Du Bourg, Lieutenant-Colonel and Aide-de-Camp to Lord Cathcart, and which was proved to be in the hand writing of Berenger. The purport of the letter was to acquaint the Admiral that he was just arrived from Calais with the news of a great victory obtained by the allies over Buonaparte, who was slain in his flight by the Cossacks, and that the allied. Sovereigns were in Paris, where the white cockade was universal. A post-chaise boy was then examined who drove a gentleman in that night from Dover to Canterbury, and another from Canterbury to Sittingbourn, and a third from thence to Rochester. They deposed to the receiving of Napoleons from him, and the latter boy to his dress, agreeing with the former descriptions.

Mr. Wright, of the Crown Inn at Rochester, brother to Wright of the Ship, at Dover (who was prevented from appearing by illness) next gave evidence of the person's coming to his house, of his dress in the great coat, red uniform, star, and military cap, and of his conversation relative to the news he brought; and was positive that Berenger was the man. Öther innkeepers and drivers continued the chain of evidence, to that of a Dartford chaise driver, Thomas Shilling, who gave a very circumstantial account of carrying Berenger to the Marsh-gate, Lambeth, and there seeing him into a hackney-coach. The driver of this coach, William Crane, then deposed to the currying him to No. 13,

Green-street, Grosvenor-square, and there leaving him; also to the circumstance of his red uniform under a great coat, and to his taking with him into the house a small portmanteau; and thus was. completed the process of tracking Berenger from Dover to Lord Cochrane's house in London.

The next circumstance brought forwards for the prosecution was that of the fishing up by a waterman on the Thames, of a bundle containing a coat cut to pieces, a star, embroidery, &c. which was recognised by a military-accoutrement maker, to be the same that he sold on Feb. 19th. to a person who mentioned its being wanted for one who was to perform the character of a foreign officer, and who also purchased a military regimental coat, and a military cap. The person with whom Berenger lodged deposed, that on the 20th he went out in a new great coat.

With the main plot in which Berenger was the chief actor, another was stated to be connected, involving M Rae, Sandon, Lyte, and Holloway. With respect to this, the first witness called was Thomas Vinn, an accountant, who deposed to having been applied to by M'Rae for the purpose of engaging to assist in a hoax upon the Stock-exchange, by personating a French officer along with him, which he refused to do. A female witness, a fellow-lodger with M'Rae and his wife, deposed, that M'Rae brought home, on Feb. 20, a parcel with two coats and two opera hats, the coats being like those of officers, with some white ribbon for cockades; that he said they were for the purpose of deceiving the flats, and that he must

go down to Gravesend-that on the next day she met him in London, apparently much tired, and that he brought back a bundle containing one of the coats and hats, and the cockades; and that he said he was to have 50%. for what he had done.

Mr. Foxall, master of the Rose Inn, at Dartford, then deposed as to receiving a note from Mr. Sandon, dated from North Fleet, on Monday, Feb. 21, desiring him to send a chaise and pair, and to have ready 4 good horses to go to London with all expedition; that in consequence, his chaise brought from North Fleet Mr. Sandon and two gentlemen with white cockades in their hats, who immediately proceeded for London with the four horses. A driver deposed to carrying these persons, the horses being decked with laurels, over Loudon-bridge, through Lombardstreet and Cheapside, and thence to Marsh-gate, Lambeth, where they got out, having taken off their military hats and put on round ones. It was then proved by Mr. Francis Bailey, that Holloway confessed before the Committee of the Stockexchange that he was a contriver of this plot, and that Lyte confessed himself and M'Rae to have been the persons who accompanied Sandon in the post chaise.

The next body of evidence produced related to the Stock concerns of Mr. Butt, Mr. Cochrane Johnstone, and Lord Cochrane. The most material points went to the close connexion between these three persons, to the vast amount of omnium which they held on the morning of the day in which the fraud took place, to the sale of the whole on that day, and to the

circumstance of Mr. C. Johnstone's having taken a new office in a court adjoining the side door of the Stock-exchange against that day for Mr. Fearn, their princi pal broker, without having previously acquainted him with his intention. An affidavit by Lord Cochrane was then read, which admitted the coming of Berenger to his house on Feb. 21st, but stated that he was in a green uniform, which he took off, putting on a black coat which his Lordship gave him for the purpose of waiting on Lord Yarmouth. The affidavit further averred that Lord C. had no knowledge whatever of the imposition, and stated that he had given instructions to his broker to sell out the whole of his omnium at a rise of one per cent.

Mr. Le Marchant was next examined with respect to a conversation held with Berenger; and he deposed, that having asked him how he could go to America under the command of Lord Cochrane (as he had said his intention was) with the embarrassments he lay under, B. replied that he was easy on that score, because, for the services he had rendered Lord C. and Mr. C. Johnstone, whereby a large sum might be realized in the funds or stocks, Lord C. was his friend, and had told him he had kept a private purse for him. The Hon. Alexander Murray, a prisoner in the King's Bench, also deposed to a great intimacy between Berenger and Mr. Cochrane Johu

stone.

Another examination of witnesses to a considerable length was consequent upon the capture of Berenger, who had absconded, at Leith, when there was found in

his possession certain papers and bank notes, which last he was very urgent to have restored to him, but which were detained, others of corresponding value being given to him. From an entry in his memorandum book there appeared to be a sum of 5401. part of which he had expended, and the remainder was in the notes in his possession. All these notes, as well as most of those he had paid away, were with great industry traced to Lord Cochrane, Mr. C. Johnstone, and Mr. Butt. This closed the evidence for the prosecution.

The business on the following day commenced with the evidence for the defendants. Letters were first adduced which passed between Le Marchant and Lord Cochrane, and which went to contradict the evidence he had given.

Lord Melville was then called for the purpose of proving that admiral Sir A. Cochrane had made application to be allowed the service of Berenger, in his command, on the North American station. Colonel Torrens, secretary to the commander in chief, was examined to the same point, as was Henry Golburn, Esq. The intention in these examinations was to confirm Lord Cochrane's statement, and to show a connexion between the parties independently of any other transactions. King, a tin-plate worker, next deposed to Lord C.'s being at his manufactory in Cocklane, on the morning of the 21st, whence he was called by a note, brought to him by his servant.— Dewman, a servant of Lord Cochrane's, deposed to a gentleman's coming to their house in a hackney coach, and writing the note, which he brought to his Lordship..

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Mr. Tabourdin, solicitor to Be renger, was called to prove that Mr. Cochrane Johnstone had employed Berenger to make a plan for a projected building in some, premises belonging to him, and had paid him money for it. Two receipts were produced for such payments, signed by Berenger, the last, for 2007, dated Feb. 26, 1814. This witness also absolutely denied the letter sent to Admiral Foley, at Deal, to be the hand-writing of Berenger. The Earl of Yarmouth spoke to Berenger's having been adjutant of the corps of Cumberland's sharp shooters, and thought the letter to admiral Foley very unlike his usual writing. Two other persons also deposed to their belief that this letter was not of his writing.

A series of evidence was then brought to prove an alibi with respect to Berenger. The first of the witnesses were W. Smith and his wife, who were his servants, and who swore to his sleeeping at home on the night of Feb. 20th. Then followed an hostler of some livery stables at Chelsea, who swore to Berenger's being there on the evening of the 20th. Other depositions were made to the same effect, which it is not material to enumerate, since from the rank and character of the persons no regard seems to have been paid to their testimony. Here the case for the defendants terminated.

Lord Ellenborough summed up the evidence with great minuteness, making various observations on different parts. He particularly dwelt upon the evidence of the identity of the person taking a chaise from Dover, and traced to

Lord Cochrane's house, with Bes renger; and of the disguise he wore, and the colour of his uniform, which he seemed to think proved in such a manner that no doubt could remain; and from these circumstances, and his subsequent change of apparel, he drew a strong inference of Lord Cochrane's privity to the plot.

The Jury retired at ten minutes after six in the evening, and re turned at twenty minutes before nine with a verdict, finding all the defendants Guilty.

Of the subsequent proceedings relative to Lord Cochrane's applicatiou for a new trial, and a motion in arrest of judgment, some account will be found in our report of the parliamentary debates respecting Lord Cochrane. It is sufficient here to mention that these attempts were void of effect, and that on June 21 all the persons charged, with the exception of Mr. Cochrane Johnstone, who had absconded, were called up to receive sentence. This was pronounced by Mr. Justice Le Blanc, and was to the following effect:Lord Cochrane, and R. Gathorne Butt were condemned to pay to the king a fine of a thousand pounds each, and J. P. Holloway of five hundred; and these three, together with De Berenger, Sandon, and Lyte, were sentenced to imprisonment in the Marshalsea for twelve calendar months. Further, Lord Cochrane, De Berenger, and Butt, were to stand on the pillory for one hour before the Royal Exchange once during their imprisonment. This last part of their punishment was afterwards remitted.

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