CHAPTER LI. LI. 1817. Trial of Lord Cochrane. CONCLUSION OF THE LIFE OF LORD ELLENBOROUGH. CHAP. I HAVE now only to mention some criminal cases which arose before Lord Ellenborough in his later years. Of these the A.D. 1814- most remarkable was Lord Cochrane's, as this drew upon the Chief Justice a considerable degree of public obloquy, and causing very uneasy reflections in his own mind, was supposed to have hastened his end. In the whole of the proceedings connected with it he was no doubt actuated by an ardent desire to do what was right, but, in some stages of it, his zeal to punish one whom he regarded as a splendid delinquent, carried him beyond the limits of mercy and of justice. A.D. 1814. Lord Cochrane (since Earl of Dundonald) was one of the most gallant officers in the English navy, and had gained the most brilliant reputation in a 'succession of naval engagements against the French. Unfortunately for him, he likewise wished to distinguish himself in politics, and, taking the Radical line, he was returned to Parliament for the city of Westminster. He was a determined opponent of Lord Liverpool's administration, and at popular meetings was in the habit of delivering harangues of rather a seditious aspect, which induced Lord Ellenborough to believe that he seriously meant to abet rebellion, and that he was a dangerous character. But the gallant officer really was a loyal subject, as well as enthusiastically zealous for the glory of his country. He had an uncle named Cochrane, a merchant, and a very unprincipled man, who, towards the end of the war, in concert with De Berenger, a foreigner, wickedly devised a scheme by which they were to make an immense fortune by a speculation on the Stock Exchange. For this purpose they were to cause a sudden rise in the Funds, by spread LI. A.D. 1814 1817. ing false intelligence that a preliminary treaty of peace had CHAP. actually been signed between England and France. Everything succeeded to their wishes; the intelligence was believed, the Funds rose, and they sold on time bargains many hundred thousand pounds of 3 per cents. before the truth was discovered. It so happened that Lord Cochrane was then in London, was living in his uncle's house, and was much in his company, but there is now good reason to believe that he was not at all implicated in the nefarious scheme. However, when the fraud was detected, partly from a belief of his complicity, and partly from political spite, he was included in the indictment preferred for the conspiracy to defraud the Stock Exchange. The trial coming on before Lord Ellenborough, the noble and learned Judge, being himself persuaded of the guilt of all the defendants, used his best endeavours that they should all be convicted. He refused to adjourn the trial at the close of the prosecutors' case about nine in the evening, when the trial had lasted twelve hours, and the Jury as well as the defendants' counsel were all completely exhausted, and all prayed for an adjournment. The following day, in summing up, prompted no doubt by the conclusion of his own mind, he laid special emphasis on every circumstance which might raise a suspicion against Lord Cochrane, and elaborately explained away whatever at first sight appeared favourable to the gallant officer. In consequence the Jury found a verdict of GUILTY against all the defendants. Next term Lord Cochrane presented himself in Court to move for a new trial, but the other defendants convicted along with him did not attend. He said truly that he had no power or influence to obtain their attendance, and urged that his application was founded on circumstances peculiar to his own case. But Lord Ellenborough would not hear him, because the other defendants were not present.* Such a rule had before been laid down, but it is palpably contrary to the first principles of justice, and it ought immediately to have been reversed. * 3 Maule and Selwyn, 10, 67. CHAP. 1817. Lord Cochrane was thus deprived of all opportunity of showing that the verdict against him was wrong, and, in addition to A.D. 1814- fine and imprisonment, he was sentenced to stand in the pillory. Although as yet he was generally believed to be guilty, the award of this degrading and infamous punishment upon a young nobleman, a member of the House of Commons, and a distinguished naval officer, raised universal sympathy in his favour. The Judge was proportionably blamed, not only by the vulgar, but by men of education on both sides in politics, and he found upon entering society and appearing in the House of Lords that he was looked upon coldly. Having now some misgivings himself as to the propriety of his conduct in this affair, he became very wretched. Nor was the agitation allowed to drop during the remainder of Lord Ellenborough's life, for Lord Cochrane, being expelled the House of Commons, was immediately re-elected for Westminster; having escaped from the prison in which he was confined under his sentence, he appeared in the House of Commons; in obedience to the public voice, the part of his sentence by which he was to stand in the pillory was remitted by the Crown; and a Bill was introduced into Parliament altogether to abolish the pillory as a punishment, on account of the manner in which the power of inflicting it had been recently abused. It was said that these matters preyed deeply on Lord Ellenborough's mind and affected his health. Thenceforth he certainly seemed to have lost the gaiety of heart for which he had formerly been remarkable.* Trial of Dr. Watson for high trea son. In Trinity Term, 1817, there came on at the King's Bench bar the memorable trial of Dr. James Watson for high treason, when the Chief Justice exerted himself greatly beyond his strength, having to contend with the eccentric exuberance of Sir Charles Wetherell, greatly piqued against the Government because, though a steady Tory, he had been passed over when he expected to have been appointed Solicitor-General, Many years afterwards, Lord Cochrane's case being reconsidered, he was restored to his rank in the navy, he was entrusted with an important naval command, and eulogies upon his services and upon his character were pronounced by Lord Brougham and other Peers. LI. and with the luminous energy of Sergeant Copley, who on this CHAP. occasion gained the reputation which in rapid succession made him, with universal applause, Chief Justice of Chester, Solicitor A.D. 1817. and Attorney-General, Master of the Rolls, Lord Chancellor, and Baron Lyndhurst. These two distinguished advocates, cordially concurring in the tender of their services, were assigned as counsel for the prisoner, and struggled with unsurpassed zeal in his defence. Conscientiously believing that the insurrection in which Watson had been engaged was planned by him for the purpose of overturning the Monarchy, the venerable Judge was honestly desirous of obtaining a conviction. But, quantum mutatus ab illo-he presented only a ghost-like resemblance of his former mighty self. When Sir Charles Wetherell described Castle, the accomplice, the principal witness for the Crown, as an indescribable villain" and " a bawdy-house bully," the enfeebled Chief Justice exclaimed that terms so peculiarly coarse might have been spared out of regard to the decorum of the Court," and he animadverted severely upon some of the gesticulations of the same irrepressible counsel, threatening to proceed to a painful act of authority if the offence were repeated; but the deep, impressive tones and the heart-stirring thoughts with which from the bench he used to create awe and to carry along with him the sympathies of the audience were gone; and, notwithstanding formidable proofs to make out a case of treason, an acquittal was early anticipated. 66 66 The trial having lasted seven long days, the Chief Justice was much exhausted, and in summing up he was obliged to ask Mr. Justice Bayley to read a considerable part of the evidence. His strength being recruited, he thus very unexceptionably concluded his charge : "You must now proceed to give that verdict which I trust you will give from the unbiassed impulse of honest and pure minds acting upon the subject before you, and which will have * Lord Castlereagh was sitting on the Bench during the trial, and expressing great admiration of his Whig-Radical eloquence, is said to have added, "I will set my rat-trap for him-baited with Cheshire cheese." LI. CHAP. the effect of affording protection and immunity to the prisoner at the bar if he shall be found entitled to protection and imA.D. 1817. munity from the charges made against him; but, in another point of view, affording also that security to the laws and people of this land, and to its government as it subsists under those laws and is administered by the King and the two Houses of Parliament; thus satisfying your own conscience and the expectation of your country, unbiassed by any consideration which might affect the impartiality of that justice which you are under so many solemn sanctions this day required to administer. Gentlemen, you will consider of your verdict." Lord Ellenborough's Continent. He then asked them whether they would take some refreshment before they left the bar,-when the foreman, in a tone which made the Chief Justice's countenance visibly collapse, said, "My Lord, we shall not be long." Accordingly after going through the form of withdrawing and consulting together, they returned and pronounced their verdict, to which they had long made up their minds, NOT GUILTY,-and thereupon all the other prisoners who were to have been tried on the same evidence were at once acquitted and liberated.* In the following autumn Lord Ellenborough made a short tour on the tour on the Continent in the hope of re-establishing his health. He at first rallied from change of scene, but ere long unfavourable symptoms returned, and he seems to have had a serious foreboding that his earthly career was drawing to its close. A deep sense of religion had been instilled into his infant mind by his pious parents: this had never been obliterated; and now it proved his consolation and his support. While at Paris he composed the following beautiful prayer, which may be used by all who wish like him with a grateful heart to return thanks for the past bounties of Providence, and, looking forward, to express humble resignation to the Divine will :— "Oh God, heavenly Father, by whose providence and goodness all things were made and have their being, and from whom all the blessings and comforts of this life, and all the hopes and * 32 St. Tr. 1-1074. |