The Trial of Charles Random de Berenger, Sir Thomas Cochrane, commonly called Lord Cochrane, the Ho | Page 5

William Brodie Gurney
to occasion a temporary rise and increase in the prices of the public Government Funds, &c. and to injure and aggrieve all his Majesty's subjects who should contract for, and also all the liege subjects, &c. who should purchase any part or parts, or share or shares of and in the said public Government Funds, &c. during such last mentioned temporary rise and increase in the prices thereof, to the evil example, &c.
[Seventh Count.]--That the Defendants, unlawfully contriving, &c. for their own lucre and gain, to injure and aggrieve divers of the liege subjects of our said Lord the King, on the said 19th February, unlawfully, &c. did conspire, &c. by divers false and subtle arts, devices, contrivances, representations, reports, and rumours, to occasion without just and true cause, a rise and increase in the prices of the public Government Funds, &c. and thereby to injure and aggrieve all his Majesty's liege subjects who should contract for, and also all his Majesty's liege subjects who should purchase any part or parts, share or shares of and in the said public Government funds, &c. during such last mentioned rise and increase in the prices thereof, to the evil example, &c.
[Eighth Count.]--That the Defendants unlawfully, &c. contriving to injure and aggrieve divers of the liege subjects of our said Lord the King, on the 19th February unlawfully, &c. did conspire, &c. by divers false and subtle arts, devices, contrivances, representations, reports and rumours, to induce, cause and occasion, divers and very many of the liege subjects of our said Lord the King, to suppose and believe, without true and just cause, that a peace would soon be made between our said Lord the King and his subjects, and the people of France, to the great and manifest injury of divers and very many of the liege subjects of our said Lord the King, to the evil example, &c.
Plea--NOT GUILTY.
The Indictment was removed into the Court of King's Bench, at the instance of the Prosecutors, in Easter Term.

COURT OF KING'S BENCH, GUILDHALL, Wednesday, 8th June, 1814.
Before the Right Hon. LORD ELLENBOROUGH.
Counsel for the Prosecution. Mr. GURNEY, Mr. BOLLAND, Mr. ADOLPHUS.
Solicitors. Messrs. CROWDER, LAVIE, and GARTH.
Counsel for C. R. De Berenger. Mr. PARK, Mr. RICHARDSON.
Solicitor. Mr. GABRIEL TAHOURDIN.
Counsel for Lord Cochrane, The Hon. A. C. Johnstone, and R. G. Butt. Mr. Serjeant BEST, Mr. TOPPING, Mr. SCARLETT, Mr. BROUGHAM.
Solicitors for Lord Cochrane. Messrs. FARRER and ATKINSON.
Solicitors for the Hon. A. C. Johnstone, and R. G. Butt. Messrs. BRUNDRETT, WAINWRIGHT, and SPINKS.
Counsel for R. Sandom, J. P. Holloway, and Henry Lyte. Mr. Serjeant PELL, Mr. C. F. WILLIAMS, Mr. DENMAN.
Solicitor. Mr. YOUNG.
Counsel for Alexander M'Rae. Mr. ALLEY.
Solicitor. Mr. TWYNAM.
THE JURY.
Thomas Brown, Church-row, Aldgate. } Henry Septimus Wollaston, Devonshire-street. } George Spedding, Upper Thames-street. } George Miles, Gracechurch-street. } John Parker, Broad-street. } Lewis Loyd, Lothbury. } John Peter Robinson, Austin Friars. } Merchants. John Hodgson, New Broad-street. } Thomas Wilson Hetherington, Nicholas-lane. } Richard Hall, Lawrence-lane. } Richard Cheesewright, King-street. } John Green, Suffolk-lane. }

The Indictment was opened by Mr. ADOLPHUS.
Mr. GURNEY.
May it please your Lordship.
Gentlemen of the Jury.
It is my duty, as Counsel for this Prosecution, to state to you the facts which I shall have to lay before you, and to apply those facts to the several Defendants, and to the Charges contained in the Indictment, which has been opened by my learned Friend; and, Gentlemen, I am sure that it is unnecessary for me to request that you will dismiss from your minds every thing that you may have heard upon this subject before you entered that Box. It is one of the circumstances which necessarily attends a free press, that many cases which come under the consideration of a Court of Justice, shall previously have undergone some public discussion; without blame to any one, that will sometimes occur from the nature and publicity of the case itself. It does also sometimes occur, that they who are accused, industriously circulate matters which they consider as useful to their defence; and even on the very eve of trial, force them into public notice. If any thing has fallen under your observation, either on the one side or the other, I intreat you to lay it totally aside; to come to the consideration of this subject with cool, dispassionate, unprejudiced, unprepossessed minds, to attend to the evidence that will be laid before you, and to that evidence alone--by that evidence let the Defendants stand or fall.
Gentlemen, it would be very extraordinary indeed, if it could ever have been supposed by any person, even the most ignorant, that this was not a crime. It would be a disgrace to any civilized country, if its laws were so defective. If that which has been done by these Defendants in conspiracy, had been done by any one
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