'contradictions, which it afterwards was prov a speculative nature, and some of them what ed might have been filled up and removed. blunt and rude persons would not hesitate to On these grounds Lord Cochrane moved call gambling transactions : consequently it for a new trial; but it was refused him on was to be supposed, that every person who grounds no doubt sanctioned by law and transacted business there, being acquainted precedent, but which we must nevertheless with the character of the place, and the mode think very insufficient: a new trial was re in which custom had rendered it common to fused him because all the parties did not join transact business, would be upon his guard, in the application for it; so that, as Cochrane and examine into the truth of every report Johnstone was absent, it was impossible to likely to influence the funds, before he acted obtain it. But can any thing be more ab- upon that report in buying or selling stock. surd, and at the same time more unjust than It seemed hard, therefore, in the opinion of thus to refuse a man a new trial, not because many, that Lord Cochrane should be

puhe does not shew he is now in possession of nished for doing that which had been often evidence to prove his innocence which he done before with impunity by the individuals could not produce before, but because those themselves who brought him to punishment, who were connected with him in the sup- and which also seemed an essential part of posed conspiracy do not join with him in the the transactions of the place itself. In the application? Besides the circumstance of second place, the committee of the Stock one of the parties having fled from justice, as Exchange, who were appointed to take meain the case of Cochrane Johnstone, may it sures for the purpose of detecting and bringnot happen in a conspiracy, that one is inno- ing to punishment the propagators of the cent, while the others are guilty; and conse false report, it was alleged, stepped beyond quently that one may have reasons and hopes the line of their duty or their right, for they from a new trial which the others have not? almost assumed to themselves the powers and Indeed it is not necessary to dwell any longer functions of judge and jury; examining witon this part of the business: so general was nesses, and giving publicity to their opinion the conviction that the ground on which in such a manner as could not but be prejuLord Cochrane was refused a new trial was dicial to the cause of the supposed delinat variance with justice, that even those who quents. Thirdly, a strong impression was thought the sentence of the pillory not too made on the public mind in favour of Lord severe, were of opinion that a new trial Cochrane, (for the other persons concerned ought to have been granted.

did not excite nearly so deep or general inWe shall now consider the circumstances terest,) from the idea that the Lord Chief which led a great many to feel an interest in Justice of the King's Bench, before whoin Lord Cochrane, independently of the interest they were tried, did not conduct himself with excited by a belief or suspicion of his inno- that coolness and impartiality which became

In the first instance, the nature of a person in his situation; and this want of the fraud itself, and the place where it was coolness and impartiality was attributed to committed; it was alleged that it was ex- political causes-Lord Cochrane having been tremely harsh to punish so severely the pro- long remarkable for the violence of his at. pagation of false intelligence on the Stock tachment to the opinions of Sir Francis BurExchange, among stock-jobbers, for the pur- dett, while Lord Èllenborough was attached pose of raising or depressing the stock, when to the ministerial side. This account of the it was notorious that scarcely a day passed, judge's behaviour on the trial was, however, in the course of which some members of the proved afterwards to be void of foundation, Stock Exchange did not either countenance or at least greatly exaggerated. Nevertheor create false intelligence, for the same pur- less, in a case like that of Lord Cochrane, in pose as Lord Cochrane was accused of, its which the public took a great interest, and influence on the funds. It was well known to which very many attached themselves, (said his advocates) that nearly the whole from their politics coinciding with those of transactions on the Stock Exchange were of his Lordship, the belief that Lord Ellenbo

sund

cence.

rough had conducted himself improperly re consider it an honour instead of a disgrace; inained, and Lord Cochrane was the more and in this resolution he was joined by nearly, pitied and defended on that account. all who were present. His Lordship’s case

But lastly, the chief reason which induced was also taken up in the House of Commons; the most cool and impartial part of the public and July 5, Mr. Broadhead moved the order to interest themselves in Lord Cochrane's of the day for the taking into consideration fate, was the conviction that his punishment, the copy of the record of the conviction of even on the supposition that he was guilty, Lord Cochrane and Mr. Cochrane Johnstone. was very disproportionate to his crime; es The speaker stated that there was also an pecially that part of his sentence which order for the attendance of Lord Cochrane sentenced him to the pillory, To this mode and Mr. C. Johnstone ; and having inquired of punishment there are undoubtedly many of the serjeant at arms if Lord Cochrane was very serious and well founded objections, not in attendance, and being answered in the only of a general nature, but applicable to it affirmative, his Lordship was called in. The when it is inflicted on particular persons: noble lord having entered, he was desired by : the principal objection of a general na the speaker to take his place. The messenture is, that it places the degree of punish- gers, Skelton and Jones, were called to prove ment entirely in the hands of the populace. the delivery of the order of the house, for the A person is put in the pillory: if the popu- attendance of Mr. Cochrane Johnstone, at lace think him innocent, they have it in their the place where he resided previous to the power almost to make it a triumph, instead trial. Mr. Graham and Mr. Kerrison, two of a punishment: if they are not incensed members of the house, stated that they had against the criminal, they are indifferent and seen Mr. Cochrane Johnstone at Calais on inactive, and he in fact suffers nothing but the 31st day of May last. the disgrace of having stood in the pillory; Lord Cochrane now read to the house a whereas if they are incensed against him, very long defence, which none of the papers severe bodily punishment, and in some have ventured to report, after a warning cases death itself

, is superadded to the dis- given by the speaker and Lord Castlereagh. grace. Besides, such kinds of punishment His Lordship asked for a patient hearing, contribute to brutalize those who attend and mentioned the case of a man, who was them, instead of serving as warnings, as must condemned in France to be racked and burnt always be the case where the people, instead for magic. The poor creature, whilst proof being the witnesses, are the inflicters of testing his innocence, was struckon his mouth punishment. But there are also objections by a monk, to prevent his being heard. to the pillory in particular cases, since to Though what he had now seen of ********* some persons the disgrace, the only punish-. ******** convinced him that cowardice and ment contemplated by the law, is harmless; malignity was not the exclusive property of while to others it is a punishment greater monks, he trusted that no means would be than death itself; and this consideration resorted to stifle his voice, or to prevent the ought to be sufficient to do away the pillory public from hearing his whole defence. He altogether, if the only defensible object of did not ask for compassion or pardon. The punishment be the deterring others from the country had indeed felt indignation at the commission of crime, and if all punishment sentence passed upon him,-a sentence more which is more than sufficient for that, is in heavy than ever yet was laid upon persons defensible,

clearly convicted of the most horrid of crimes, It was soon perceived that it would by no and for an act now for the first time decmed means be prudent, or even safe, to put Lord a legal offence. But the fine, the imprisonCochrane in the pillory : meetings were held ment, the pillory,--even that pillory to which by his constituents in Palace-yard, Westmin- he was condemned, -weighed as nothing, ster, at which his colleague Sir Francis Bur when put in the balance against his desire to dett declared that, if Lord Cochrane was put show that he had been unjustly condemned. in the pillory, he would attend him, and In the presence of the house, then, and with

the eyes of the nation fixed upon him, he what was there in this case that a common most solemnly declared, that he was wholly jury, composed of tradesmen in the city of innocent of the crime laid to his charge, and London, would not have understood ? A for which he had been condemned. His common jury would surely have been as comLordship here observed on the improper petent to decide upon my case as upon the conduct of the Stock Exchange, the prose cases of hundreds who are condemned to cutor, in erecting a sort of court, calling evi- death upon the decision of such a jury in that dence, &c. &c. and prejudicing the public same court, where, to do me justice, my case mind before the trial by various publications. should have been tried.” His Lordship then And what, he said, must the world think, proceeded to state the manner in which he when they see those to whom the welfare had been employed since he was actively enand the honour of the nation are committed gaged in his professional duties. At an excovertly co-operating with a committee of pence of nearly two thousand pounds, he had the Stock Exchange? He was indeed pre-examined the situations, and procured plans pared to expect much, knowing how his en of various important ports and places in the deavours to expose corruption had roused Mediterranean, some of which plans were the impure and the hypocritical, and had en considered infallible by some of the most gendered a thirst for vengeance, particularly distinguished officers now living. He was in the grasping and never-pardoning phalanx occupied with the perfection of an invention of the law, for exhibiting to the world their of public convenience and utility the very frauds

upon his ill-treated brethren of the day this offence was so unexpectedly laid to navy. À bill of indictment was preferred; his charge. He had expended more than a but a common jury was not to be used, and thousand pounds in fitting himself for sea, a special one was therefore resorted to: for after his appointment to the command of the these were not the times,

Tonnant. He returned to his duty on board “ When sterling freedom circled Alfred's throne, that ship on the first of March, and it was " And spies and special juries were unknown.” not till the 8th that he found his name was "No," said his Lordship; " a special jury is connected with the fraud. On reading a pacomposed of 12 men, hired and paid to be a ragraph in the public prints in which he was cloak to a judge. A special jury is com- named, he obtained permission to return to posed of 12 persons taken out of 48 persons, town. He returned merely with a view to the whole of which 48 persons are selected by clear his character, and not in consequence the master of the crown-office. It is notori- of any communication from the admiralty. ous, Sir, that these special jurors follow the His Lordship then entered on various details business as a trade; that they are paid a gui- of his case of the alleged difference in De nea each for every trial; that it is deemed a Berenger's dress—of the bank-notes traced favour to be put upon the special jury list; to De Berenger, which he could prove to the that persons pay money to get upon that house were given by his Lordship to Mr. list; that if they displease the ****, care is Butt for bona fide transactions of Lord Eltaken to prevent them from serving again; lenborough's charge to the jury, where he or, in other words, to cut them off, or turn takes one part of his Lordship’s affidavit as them out of a profitable employment. And, truth and the other as falsehood--of Lord is it this, Sir, which we call a jury of our Ellenborough's making his Lordship reprecountry? Have I been tried by a jury of sent De Berenger as coming in disguise; my country? No, Sir, **************** The about which, if there was one word in his institution of special juries, an institution Lordship’s affidavit, then was he perjured, unknown till times of modern date, and re and Lord Ellenborough spoke truth, &c. pugnant to the laws of England, had its rise His Lordship then complained that it was in a pretence, that in matters of technical not stated to the jury, that he was from home difficulty a common jury might not be com two hours after De Berenger called; who petent to understand; as in cases of insur- had consequently time to change his dress, ance, shipping of goods, and the like. But and had a portmanteau with him to carry

off

1

his disguise ; the same probably in which he that the learned gentleman is an utter stran"
carried it to Dover: that he (Lord C.) first · ger to the sentiments that inhabit my bo.
disclosed the fact of De Berenger's coming som; but I can assure him, that an applica-
to his house, &c. &c. His Lordship, after tion for pardon, extorted from me, is one of
making a variety of other observations, pro- the things which nothing has the power to
ceeded nearly as follows :-"Of all tyrannies, accomplish. No, Sir, I will seek for, and look
Sir, the worst is that which exercises its ven for, pardon nowhere; for I have committed
geance under the guise of judicial proceed- no crime. I have sought for, I still seek for,
ings, and especially if a jury make part of the and I confidently expect, justice; not at the
means by which its base purposes are effect- hands, however, of those by whose machina-

ed. The man, who is flung into a prison, or tions I have been brought to what they re-
-- sent to the scaffold, at the nod of an avowed gard as my ruin, but at the hands of my en-
despotism, has, at least, the consolation to lightened and virtuous constituents, to whose
know that his sufferings bring down upon exertions alone the nation owes, that there is
that despotism the execration of mankind; still a voice to cry out against that haughty
but he who is entrapped and entangled in the and inexorable tyranny, which now con-
meshes of a crafty and corrupt system of ju- mands silence to all but parasites and hypo-
risprudence: who is pursued imperceptibly crites.” His Lordship concluded by pro-
by a law with leaden feet and iron jaws; testing before Almighty God, that he never
who is not put upon his trial till the ear of knew any thing about the offence of which
the public has been poisoned, and its heart he had been found guilty.
steeled against him, falls, at last, without be The Speaker stated, that a member, under
ing cheered with a hope of seeing his tyrants his Lordship’s circumstances, having made
execrated, even by the warmest of his friends. his defence, should withdraw.
In their principle, the ancient and settled Lord Cochrane said, he would withdraw;
laws of England are excellent; but, of late but again expressed his hope that the house
years, and especially since the commencement would investigate the matter for itself, and
of the present reign, so many injurious and that no punishment should be inflicted, unless
fatal alterations in the law have taken place, the house was satisfied that he was guilty.
that any man who ventures to meddle with He again declared, before Almighty God,
public affairs, and to oppose persons in power, that he was entirely innocent of the charge.
is suțe and certain, sooner or later, to suffer Lord Castlereagh said, the house must be
in some way or other. Sir, the punishment aware how much of what they had now
which the 'malice of my enemies has pro- heard was not defence, but inculpation of
cured to be inflicted on me, is not, in my others of high character. But he should
mind, worth a moment's reflection. The think it a great abuse of the indulgence of
judge supposed, apparently, that his sentence the house, if what was said there were re
of pillory would disgrace and mortify me. , ported elsewhere, so as to make it the vehicle
I can assure him, and I now solemnly assure and means of circulating libel and calumny.
this house, my constituents, and my country, If it should be necessary to interpose after-
that I would rather stand, in my own name, wards on account of any abuse of this kind,
in the pillory every day of my life under it must be recollected, that, after this, the
such a sentence, than I would sit upon the want of warning could not be heard as an
bench in the name of **** for one single hour.
Something has been said, Sir, in this house, Mr. Broadhead did not wish to wound the
as I have read, about an application for a feelings of any individual, but in his humble
mitigation of my sentence, in a certain quar- opinion there was no duty more sacred than
ter, where it is observed, that mercy never that of averting any stain from the popular
failed to flow. It was, I am informed, his branch of the legislature. A due attention
Majesty's Attorney-General, who (I suppose, to this was a political duty, of great impor-
unintentionally) offered this last insult to my tance. Fully satisfied, then, that the house
feelings. I excuse it, because I am aware would do justice to its own character, he

excuse.

concluded by moving, “ that Lord Coch- defendants were all new men, probably serane, a member of that house, having been lected on that very account; but if, which found guilty of a conspiracy, ought to be ex was impossible, the judge should know the pelled that house."

disposition of any man, and wish to influence, Mr. Brown felt it inconsistent with his yet he had not the smallest power. The notions of justice to adopt implicitly the learned gentleman then pronounced a panejudgment of a court against which the party gyric on juries. He should give no opinion had appealed, though without success. He as to the guilt or innocence of the noble

Lord, could not help being struck with the man but he trusted he should be pardoned for risner in which the noble Lord had this day ing when the chief tribunal of the country repeatedly protested bis innocence, in the was arraigned. name of his constituents, his country, and his Mr. Brand had always entertained doubts God. When he considered what must be as to his Lordship’s privity in the late tranthe education and habits, the rank and feel. -sactions; that .privity chiefly rested on two ings, of such a person as Lord Cochrane, he points, the dress of De Berenger, and the thought it impossible that he should not circumstance of the bank-notes. The noble have been more depressed by the degrading Lord had only been able within two or three sentence of the pillory, unless he was consci- days to give an account concerning these ous of innocence. He could not believe that notes, and had now five persons prepared to it was in the power of such a man, if guilty, prove that De Berenger arrived in a different to come forward and boldly assert and re dress. He was now, therefore, able to account assert his innocence before such an awful for two circumstances, which before appeared tribunal as the House of Commons. The inexplicable. The character of the house noble Lord had entered into a long and dis was engaged not to act precipitately; the tinct analysis of the alleged proofs of his country had been carried away too violently, guilt

. The house could not be competent to The prosecutors had acted with a most indeembrace all the new matter advanced, with cent activity to advertise and prejudge; out further inquiry. Could any man say, while it appeared that the noble Lord, from that he was prepared at once to decide on a consciousness of innocence, had been too these circumstances ? if not, no harm could proud, or too careless, to use proper means arise from a little delay. He therefore mov for his defence. He should vote for the ed, that the statement and papers of Lord amendment. Cochrane should be referred to a private Mr. Barham had all along doubted the Committee, which should have power to re noble Lord's guilt, and now his doubts were port thereon.

stronger than ever. He thought much blame The Attorney-General said, that the noble was due to that self-erected tribunal which Lord had stated, that the judge could not had been so active in all its proceedings: he effect his wicked purpose of condemning him doubted whether an innocent man might not without the aid of a jury packed for the pur- have suffered under such circumstances; he pose; and that the master of the crown-office should not like to be so tried. The house was compelled to appoint the jury. The should, under such circumstances, be slow to master of the crown-office was not appointed add to his penalties, and be ready to inquire by political influence, but by his court, and into his statements. he held his office during good behaviour. Mr. Ponsonby said, the noble Lord had The master merely turns over the leaves of been heard with much tenderness. He the book which was given him by the sheriff

, thought, however, that his wish to investi. and in the presence of the agents of both gate the propriety of the charge of the Chief parties selects 48 names. Each member Justice was not unreasonable. Judges were strikes off one, till the number is reduced to not infallible; nor were they so deemed, 24: these 24 are to appear at the trial, and either by themselves or the constitution. no man knows which 12 will be selected. It He hoped the debate might be adjourn.. had happened that the jury who tried the ed; fór he could not that night sleep