Chapter XIII: Part 13

_Mr. Park._ Certainly, my Lord; and there is, on the other side, only Mr. Lavie. This gentleman having seen Mr. De Berenger write a thousand times, and received a thousand letters from him. Do you, in your judgment and conscience believe, that that is a disguised hand of Mr. De Berenger?

_A._ I do not.

_A Juryman._ Why did you take the two letters up to compare the two hand-writings, if you had no doubt in your mind?

_A._ I had no doubt at all of it.

_Lord Ellenborough._ Why did you compare the two then?

_A._ I wished to be circumspect; but if my life rested upon it, I should say, this is not his hand-writing, according to my belief and judgment.

_Mr. Park._ What has been, for the number of years you have known this person, his general character?

_A._ I have always considered him a man of strict honour and integrity.

_Q._ We have heard he has been in difficulties?

_A._ He has been.

_Q._ And he is a debtor of yours?

_A._ Yes, he is a very large one.

_Q._ To what amount have you trusted him?

_A._ To the extent, I believe, of about £.4,000, and upwards, besides my professional claim.

_Lord Ellenborough._ In money.

_A._ Yes, in money.

_Mr. Gurney._ I only want to ask Mr. Wood as to this road book. I believe it has been identified before.

_Lord Ellenborough._ That was put in yesterday.

_Mr. Jones._ I had it yesterday in my hands; it was put in by Mr. Wood.

_Mr. Gurney._ I wish to shew Mr. Tahourdin the hand-writing in that book.

_Lord Ellenborough._ The hand-writing in that road book certainly was as extremely like the Dover letter as ever I saw any thing in my life. [_The road book was handed to Mr. Tahourdin._]

_Cross-examined by Mr. Gurney._

_A._ Have the goodness to look at that pencil-writing in that road book; do you believe it to be Mr. De Berenger's hand-writing.

_Lord Ellenborough._ Now be upon your guard.

_Mr. Gurney._ Look at both pages.

[_The witness examined it._]

_A._ Some of it appears to be more like his hand-writing than the other part.

_Q._ Do not you believe it all to be his hand-writing?

_A._ No, I do not indeed.

_Q._ How much of it do you believe to be his hand-writing.

_Lord Ellenborough._ State the parts where you think the likeness ends, and where you think somebody else has taken up the pencil and written a part of it.

_A._ That looks more like his hand-writing [_pointing it out_] but it is not the general writing of Mr. De Berenger.

_Mr. Gurney._ How much of it do you believe to be his writing?

_A._ Some part of it looks more like his writing than other part.

_Q._ Is there any part which you believe is not?

_A._ The writing part is not at all like his writing.

_Q._ I ask you as to nothing but the writing part?

_A._ Some are figures.

_Q._ Looking at those two pages, you say it is not all his hand-writing?

_A._ No, I do not think I did.

_Q._ That was your first answer?

_Lord Ellenborough._ You said "There is some more like his hand-writing, but I do not believe it all is."

_Mr. Gurney._ How much is there of it that you do not believe to be his writing.

_A._ Some of the letters look like his hand-writing.

_Q._ How much or how little of it do you think to be his hand-writing?

_A._ The smaller parts look like his hand-writing.

_Q._ Now I ask you upon your oath, have you any doubt of the whole of those two pages having been written by the same hand?

_A._ Upon my word it is difficult to say.

_Q._ Not at all so; I have looked at it attentively, and I know it is not difficult to say; do not you believe it all written by the same hand?

[_The witness examined it again._]

_Lord Ellenborough._ You can say whether you believe it to be De Berenger's hand-writing?

_A._ Upon my word, I really do not know what to say.

_Mr. Gurney._ I am quite content with that answer?

_Lord Ellenborough._ Mr. Park, would you like to look the Dover letter?

_Mr. Park._ I am no judge of hand-writing, my Lord.

_Lord Ellenborough._ That may be a concealed hand-writing, and I should think it extremely likely.

_Mr. Park._ I mean to call other witnesses to this; I have nothing to conceal in this case?

_Lord Ellenborough._ No; you announced to us that you flatly contradict the whole of the story as to Mr. De Berenger.

_Mr. Park._ Yes, I do my Lord; I observe this is all pencilling which has been shewn to you?

_A._ Yes, it is.

_Mr. Park._ Is this pencil writing in the same kind of character that a man writes when he writes with pen and ink; are you enabled to say from your knowledge of the hand-writing, whether it is or is not?

_A._ That it is which puzzles me more than any thing, its being in pencil.

_A Juryman._ We should like to see that road book.

_Mr. Park._ Does your Lordship think the jury have a right to see that; they cannot take it for the purpose of comparing with any thing else?

_Lord Ellenborough._ It is in evidence, being found in the desk of the defendant, they may look at each, if they please.

_General Campbell, sworn._

_Examined by Mr. Brougham._

_Q._ Do you know Mr. Cochrane Johnstone?

_A._ I do.

_Q._ Did you meet him in the month of September or October last, at a meeting or hunt in Scotland?

_A._ I met him the second week, I think in last October, at the Perth meeting.

_Q._ Did he at that time shew you some plans and prospectus of the new place of amusement, in the nature of a Ranelagh?

_A._ I saw in Mr. Cochrane Johnstone's hands, the prospectus of a new public place, he called it, to be erected in the Regent's Park, or the neighbourhood of the Regent's Park.

_Q._ Do you recollect the name he gave to it?

_A._ I think he called it Vittoria.

_Q._ Will you look at the prospectus, and see whether that is the same? [_The prospectus was shewn to the witness._]

_A._ I believe this is a copy of the same that I saw.

_Q._ Look at the plan?

_A._ He did not shew me the plan.

_Q._ Did he shew this prospectus, and communicate to other persons at that meeting upon the subject of it, as well as you?

_A._ I cannot speak to that; he communicated to me in my own apartment or his own, I cannot recollect which.

[_Mr. Hopper was called, but did not answer._]

_Mr. Serjeant Best._ This gentleman was taken very ill, being kept here last night; if he comes by and by, I trust your Lordship will permit him to be examined out of his turn.

_Lord Ellenborough._ Certainly, at any period.

_Mr. Serjeant Best._ That is the case of the three defendants for whom I appear.

_The Right Honourable the Earl of Yarmouth sworn._

_Examined by Mr. Park._

_Q._ You are I believe, or were, the Colonel of the Duke of Cumberland's sharp-shooters?

_A._ Lieutenant-colonel commandant.

_Q._ It is called the corps of sharp-shooters?

_A._ Yes.

_Q._ Captain De Berenger was adjutant of that regiment, was he not?

_A._ He was a non-commissioned officer, acting adjutant.

_Q._ How long have you known Mr. De Berenger?

_A._ Ever since a few days after I was elected to command that corps; that was in the beginning of the year 1811; I cannot fix the day, very early in that year I know it was.

_Q._ Has your Lordship had opportunities of seeing Mr. De Berenger write, or of receiving letters from him, and of acting upon those letters from him.

_A._ I have received a great many letters from him, and have seen him write occasionally.

_Q._ And you have seen him, probably, on the subject of the contents of those letters?

_A._ Very frequently; two or three times I have seen him alter the regimental orders, and have received very many letters from him.

_Q._ Are you, from that opportunity that you have described, in a capacity to state to his Lordship and the jury, whether you are acquainted with his character of hand-writing?

_A._ As well as I am with that of any other gentleman with whom I have been in the habit of correspondence.

_Q._ Then, not knowing what your Lordship's answer may be, I will trouble your Lordship to look at that.--[_The letter sent to Admiral Foley was handed to his Lordship._]

_A._ I will read it through, if you please.--[_His lordship read the letter._]

_Q._ Supposing you had heard none of the circumstances which this trial has brought to every body's ears, and of which your Lordship has heard so much yesterday; from the character of the hand-writing of Mr. De Berenger, should you have believed it to be his hand-writing?

_A._ Certainly not.

_Q._ Your lordship, I believe, knows that in the month of July, this gentleman was very urgent and solicitous to go out as a sharp-shooter to America, with Sir Alexander and afterwards with Lord Cochrane?

_A._ He mentioned to me one day, when he came to me on the business of the corps----

_Q._ Was that in January?

_A._ I think so; but I cannot swear to the date; he mentioned to me, that he had very nearly arranged to go out, to drill the crew and the marines on board of the Tonnant. I thought he mentioned it in a way to suggest, that he wished some little additional influence, and I got rid of the thing.

_Cross-examined by Mr. Gurney._

_Q._ The writing of that is larger than Mr. De Berenger usually writes?

_A._ Certainly, it is longer.

_Q._ The character of the letters is longer?

_A._ Oh, certainly; it is a very round small hand he generally writes, and a very pretty hand.

_Q._ Will your lordship look at that letter, and tell me, whether you received that letter at or about the time that it bears date? (_shewing a letter to his lordship._)

_A._ Yes; either the day it bears date, or the day immediately after it.

_Mr. Gurney._ I request Mr. Law will mark that letter; the date of it is March the 19th?

_A._ I believe I marked the cover.

_Q._ Will your lordship have the goodness to look at the hand-writing in that road book (_shewing it to his lordship_); that I believe is larger than Mr. De Berenger's usual writing, is it not?

_A._ I think it is; some part certainly does not look larger; it is less round--it is more angular.

_Q._ Does your lordship or not, believe that to be Mr. De Berenger's hand-writing?

_A._ I am not sufficiently conversant with hand-writing, to wish to swear to an opinion either way.

_Re-examined by Mr. Park._

_Q._ That is in pencil?

_A._ Yes.

_Q._ With respect to the letter in question, although it is of a larger description than Mr. De Berenger's usual writing, does it appear to your lordship to be at all a feigned hand, as disguising the real hand?

_A._ Another question to which I am not competent to give an answer; if I was to look through the letter--there is one letter which creates a suspicion, but I should never have suspected it on a cursory view of the letter; it is the letter R before Du Bourg, but that I should have never looked at or suspected; that looks more like his hand-writing than any other part; it looks like the way in which he makes the R of Random.

_Q._ Does your lordship mean the large capital R, or the little r?

_A._ The large capital R is the only letter I can see that looks in the least like his hand.

_Q._ Your judgment upon that letter, upon the whole inspection of it, is, that it is not his hand-writing?

_A._ I should never suspect it, except from that letter.

_Lord Ellenborough._ It is a larger character?

_A._ Yes, it is a fuller character.

_Q._ It is a stiffer character, and more upright?

_A._ It is less upright, I think, than his; it is more angular and longer.

_Lord Ellenborough._ That is his usual writing, is it not? (_shewing another letter to the witness._)

_A._ Oh, yes; certainly, I am perfectly familiar with that.

_Lord Ellenborough._ You are certainly borne out in your observation upon the letter; look at that letter R again?

_A._ It struck me on reading the letter.

_Q._ In what manner an artificial letter may be written, so as to disable a person from saying whether it is the hand-writing of a certain person, you cannot say?

_A._ I am perfectly incompetent, as I informed your lordship and the jury before, to give any judgment upon that.

_Q._ What is the uniform of your corps?

_A._ The uniform is, the waistcoat green, with a crimson cape.

_Q._ A bottle green, is it not?

_A._ Some have got it a little darker than others, but it should be a deep bottle-green with a crimson collar; the great coat is a waistcoat with black fur round it, consequently no crimson collar.

_Q._ The body in your uniform is not red?

_A._ It is deep bottle green.

_A Juryman._ A jacket or coat?

_A._ It is a waistcoat, very like the light-horse uniform.

_Lord Ellenborough._ It is almost unnecessary to ask you, whether the members of your corps wear any decorations; a star or a cross?

_A._ When in uniform, some wear medals that they have gained as prizes given by the corps; they occasionally wear them hanging by a ribband.

_Q._ You wear no such decorations as this? (_shewing the star to his lordship._)

_A._ No, certainly not.

_Q._ Supposing a gentleman appeared before you in an aid-de-camp's uniform, with that star upon his breast, and that other ornament appendant, should you consider that was a man exhibiting himself in the dress of your sharp-shooting corps?

_A._ Certainly not.

_Q._ If a sharp-shooter belonging to your corps presented himself to you in that dress, you would think it a very impertinent thing?

_A._ Certainly.

_Mr. Serjeant Best._ As Lord Yarmouth has been called by the defendant, De Berenger, and has given evidence which may affect Lord Cochrane, we conceive, we submit we have a right to make an observation upon it.

_A Juryman._ If Colonel De Berenger had appeared before your lordship in the uniform of his corps, would it have been any thing extraordinary?

_A._ Nothing extraordinary; it would have been more military that he should do so, though I never exacted it.

_Captain Sir John Poo Beresford, sworn._

_Examined by Mr. Richardson._

_Q._ Are you acquainted with Mr. De Berenger?

_A._ I have seen him twice in my life before yesterday.

_Q._ Have you had any occasion to see him write, or to be acquainted with the character of his hand-writing?

_A._ Never.

_Q._ Do you know at any time in the early part of this year, or the latter end of the last, of any applications he was making to go to America as a sharp-shooter?

_A._ I will tell you the part I took in reference to that business. In the beginning of February, I paid my ship off; after that, I met Mr. Cochrane Johnstone in town, who told me Sir Alexander Cochrane was very anxious he should go out in the Tonnant, to teach the marines the rifle-exercise. I went to the Horse Guards to ask whether anything could be done; I was told it would be useless to apply to the Duke of York; and I told Mr. Cochrane Johnstone of it the day after. I was dressing before breakfast, and Mr. De Berenger sent up to say, that he was very much obliged to me for the part I had taken.

_Q._ At what time was this?

_A._ I think, the beginning of February; but before Sir Alexander Cochrane sailed, I met him at Mr. Cochrane Johnstone's, with Admiral Hope and some ladies; I think that was in January, or the latter end of December; there were, I think, fourteen of us, some of them ladies. This application was after he had sailed. When I went to Mr. Cochrane Johnstone's, I was to have met Sir Alexander Cochrane, but he went to dine somewhere else, and my Lord Cochrane came in after dinner; he did not dine there, but a great many of the family did.

_James Stokes sworn._

_Examined by Mr. Park._

_Q._ I understand you are a clerk of Mr. Tahourdin, the attorney.

_A._ Yes.

_Q._ How long have you been so?

_A._ Between three and four years.

_Q._ Have you, in the course of those three or four years, had frequent opportunities of seeing the hand-writing of Mr. De Berenger?

_A._ Daily.

_Q._ He has been a client of your master, and has been assisted very much by him?

_A._ Yes.

_Q._ Have you seen him write, as well as seeing letters purporting to come from him?

_A._ A great deal.

_Q._ Be so good as to look at that paper (_the Dover letter_), and tell his lordship and the jury, whether in your judgment and belief, that is the hand-writing of Mr. De Berenger?

_A._ Certainly not.

_Q._ Look at that, and say whether you think it is a feigned hand, but still the hand-writing of De Berenger?

_A._ It certainly is not.

_Q._ Of course, a man can only speak to belief and judgment when he does not see a thing written; do you believe, from your knowledge of his hand-writing, that that is his writing, either feigned or real?

_A._ Not a word of it.

_Lord Ellenborough._ Look at the letter R in the signature?

_A._ It is not like it at all.

_Mr. Park._ I mean the large R.

_A._ The capital R is nothing like it.

_Mr. Park._ It is a singular R certainly, it looks as if it had been intended for a P and made into an R.

_Lord Ellenborough._ It is not at all like that R, is it? [_shewing another letter to the witness._]

_A._ No, I do not think it is any thing like that.

_William Smith sworn._

_Examined by Mr. Richardson._

_Q._ You are servant to Mr. De Berenger?

_A._ Yes.

_Q._ How long have you been his servant?

_A._ About three years and a half.

_Q._ Do you write yourself?

_A._ Yes.

_Q._ During the time you have been in his service, have you seen him write, and become acquainted with his hand-writing.

_A._ A great deal of it.

_Q._ Is he a gentleman who writes a good deal?

_A._ Yes.

_Q._ Are you well acquainted with the character of his hand-writing?

_A._ Yes.

_Q._ Have the goodness to look that over, and then I will ask you a question respecting it, and among other things look at the signature at the bottom, R. Du Bourg.--[_The letter sent to Admiral Foley was handed to the witness, and he examined it._]

_Mr. Park._ Having examined that paper, is that, in your judgment and belief, the hand-writing of your master, Mr. De Berenger?

_A._ I really believe it is not.

_Q._ The whole, or any part of it.

_A._ None of it.

_Q._ Have you any doubt of that?

_A._ I am positively sure it is not his hand-writing.

_Q._ According to the best of your judgment and belief?

_A._ According to the best of my judgment and belief.

_Q._ You have been his servant three years and a half?

_A._ Yes.

_Q._ We understand he has lately lodged with a person of the name of Davidson, in a place called the Asylum Buildings.

_A._ Yes.

_Q._ Were you with him till he went away in the month of February?

_A._ Yes.

_Q._ That was on Sunday the 27th, was it not?

_A._ Yes.

_Q._ Do you remember, whether he was at home on the Sunday preceding that, that would be the 20th?

_A._ I perfectly remember it.

_Q._ Did he sleep at home on the Saturday night?

_A._ He did.

_Q._ Did he go out at any time on Sunday morning?

_A._ He did.

_Q._ Do you remember at what time?

_A._ About nine o'clock.

_Q._ Did he come in again after that?

_A._ Yes.

_Q._ And go out again?

_A._ Yes.

_Q._ About what time was that.

_A._ It was near eleven when he came home, and he went out immediately afterwards; he was not above a quarter of an hour or twenty minutes before he returned again.

_Q._ Did he return again after that?

_A._ Yes.

_Q._ How soon after?

_A._ About twenty minutes.

_Q._ Would that be after persons were gone to church that he returned?

_A._ Yes.

_Q._ How long did he stay at home then?

_A._ Till about four o'clock.

_Q._ He went out again about four o'clock?

_A._ Yes.

_Q._ Were you at home at the time he went out again, about four o'clock?

_A._ I was over the way.

_Q._ Did you see him?

_A._ Yes; I had the dogs out, and was leaning with my back against the rail when he came down.

_Q._ Your master's dogs?

_A._ Yes.

_Q._ He kept dogs, did he?

_A._ Only one; one was mine; I was with them opposite, on the other side of the road, leaning against the rail facing the door.

_Q._ What were you doing with the dogs?

_A._ I generally take them out for occasions.

_Q._ Did you see him go out about that time?

_A._ I did.

_Q._ Did you yourself go out soon after that?

_A._ Yes I did, and my wife.

_Q._ About what time did you return home that evening?

_A._ About eleven o'clock, within a few minutes of eleven.

_Q._ Was your master at home when you returned or not?

_A._ He was not at home.

_Q._ Did he come home afterwards?

_A._ Yes.

_Q._ About what time?

_A._ I had not been at home, I suppose five minutes, before my master came home.

_Q._ That would be a few minutes before or after eleven?

_A._ Yes.

_Q._ Did he sleep at home that night.

_A._ Yes.

_Q._ What means have you of knowing that?

_A._ The means I have were these; after I came home we were down in the kitchen taking our supper, my master was in the drawing-room before we had got to bed, I heard him going up stairs to his bed-room, he passed my room door; that was not above half past eleven.

_Q._ Did he breakfast at home the next morning, or not.

_A._ No, he did not.

_Q._ Did you see him the next morning early?

_A._ No.

_Q._ About what time did you see him the next day?

_A._ About three o'clock; I cannot speak to a minute or two.

_Q._ Did you hear or see him go out?

_A._ I did not.

_Q._ You saw him about three o'clock on the Monday?

_A._ Yes, I did.

_Q._ Who made his bed?

_A._ My wife.

_Cross-examined by Mr. Gurney._

_Q._ Did you let him in?

_A._ Yes.

_Q._ You opened the door to him?

_A._ Yes.

_Q._ At a little after eleven, that night?

_A._ Yes, thereabouts, it might be a little before, or a little after.

_Q._ He gave a good loud knock at the door, in his usual way?

_A._ He rapped as usual.

_Q._ And his usual rap was a loud one?

_A._ Not over loud.

_Q._ Not very gentle?

_A._ Between.

_Q._ Between loud and gentle?

_A._ Yes.

_Q._ And he slept at home that night?

_A._ I cannot say that he slept, he went to his bed-room, and the bed when I went in the morning looked as if he had slept in it.

_Q._ Did you see him in bed the next morning?

_A._ No, I did not, I heard him go into the bed room.

_Q._ You did not see him the next day till three o'clock?

_A._ No.

_Q._ Did you write that letter to Lord Yarmouth? (_shewing a letter to the witness._)

_A._ I did.

_Q._ Of your own head?

_A._ Yes.

_Q._ No body furnished you with any draught to write from?

_A._ No.

_Q._ Have you your master's military great coat here?

_A._ Yes.

_Q._ His military grey great coat?

_A._ Yes; not in this present place.

_Q._ It is at Guildhall?

_A._ Yes.

_Q._ Now attend to this question, have you not acknowledged that your master slept from home that night?

_A._ Never.

_Q._ Have you not acknowledged it to Mr. Murray?

_A._ Never.

_Q._ I give you notice he is here?

_A._ I know he is.

_Q._ Now I ask you, did you not on Monday the 21st, tell Mr. or Mrs. Davidson, or both, that coming home, and not finding your master at home, you had left the key for him at the usual place in the area, that he might let himself in?

_A._ I did not tell them so, upon my oath.

_Q._ Neither of them?

_A._ No, neither of them.

_Q._ Did you tell Mr. or Mrs. Davidson that on any other day; did you ever tell them so?

_A._ No, not to the best of my knowledge.

_Q._ To the best of your knowledge?

_A._ I never told them so.

_Q._ As you did not attend your master on the Monday morning, who attended him and brought him his shaving things, and gave him the usual attendance of a gentleman?

_A._ He never has any attendance; I never go to his bed room till about half past eight, and sometimes he is up, and sometimes not.

_Q._ Do you mean to say, he is a gentleman that wants no attendance?

_A._ Yes; he cleans his teeth, and washes himself and powders his hair, without my being in his bed room.

_Q._ He does not usually ring his bell in a morning, I suppose, doing without attendance?

_A._ Not before he comes down to breakfast.

_Q._ What time does he usually come down to breakfast?

_A._ At different hours.

_Q._ What is his usual hour?

_A._ Sometimes nine, sometimes ten, sometimes eight.

_Q._ Till he comes down, he does not ring for you?

_A._ Very seldom.

_Q._ He is a very quiet, a remarkably quiet man in his lodging?

_A._ I never knew him to be otherwise.

_Q._ Not a person walking about, or making a noise of any kind?

_A._ Not making any disturbance; he walks about very much.

_Q._ Your master finally left his lodgings on Sunday the 27th.

_A._ Yes.

_Q._ Do you remember your paying or changing a fifty-pound note with a Mr. Seeks?

_A._ I do.

_Q._ From whom did you receive that fifty-pound note?

_A._ Mr. De Berenger.

_Q._ On what day did you receive that?

_A._ On the 27th, I think it was.

_Q._ On the Sunday?

_A._ Yes; I think it was.

_Q._ The day he went away?

_A._ Yes; I think it was.

_Q._ When he went away, he took his things to the Angel Inn, St. Clements.

_A._ I took them for him.

_Q._ For him to go into the country?

_A._ Yes.

_Q._ Did you receive no more than fifty pounds from him; did you not also receive a twenty pound from him?

_A._ I did not; not the same day.

_Q._ What day did you receive that twenty pounds?

_A._ I cannot positively say.

_Q._ Was it a day or two before he went away?

_A._ Yes.

_Q._ Did you receive also a two pound from him?

_A._ I do not recollect.

_Q._ Did you receive and give to any person, of the name of Sophia, thirteen pounds from him?

_A._ No; I gave none to Sophia.

_Q._ Did you see him give her any thing?

_A._ No, I did not; if I was in the room I did not notice it.

_Q._ Do you know any person of the name of Hebden, or Heberdine?

_A._ No.

_Q._ Do you remember, the day before your master finally went away, Mr. Cochrane Johnstone calling with a letter?

_A._ I do not remember that; I was not at home.

_Q._ Upon your oath, did not a gentleman call there, who you told Mr. Davidson was Mr. Cochrane Johnstone?

_A._ Upon my oath I was not at home; she told me a gentleman called there, and giving a description of him, I said, most likely it was Mr. Cochrane Johnstone.

_Q._ You knew Mr. Cochrane Johnstone?

_A._ Very little.

_Q._ But you did know him?

_A._ I once saw him.

_Q._ Did you not tell her on the Sunday, that if your master had been at home on the Saturday, when Mr. Cochrane Johnstone brought that letter, he would have gone off on the Saturday night?

_A._ I did not.

_Q._ Did you not on the Saturday or the Sunday?

_A._ I did not.

_Q._ Was your master at home all that week, from the 20th to the 27th?

_A._ He was not always at home.

_Q._ He was at home every day?

_A._ Yes.

_Q._ Going out as usual?

_A._ Yes.

_Q._ On the 21st, for instance?

_A._ The 21st he went out to dine.

_Q._ Where did he go to?

_A._ I cannot positively say.

_Q._ Did he tell you where he was going to?

_A._ I do not recollect.

_Q._ Upon your oath, did he not tell you he had been to Mr. Cochrane Johnstone's?

_A._ No.

_Q._ You swear that?

_A._ Yes.

_Q._ Nor that he was going there?

_A._ No.

_Q._ When you came home on the Monday, did you see any black coat in the room?

_A._ I did.

_Q._ Was that your master's black coat, or a strange black coat?

_A._ A strange black coat.

_Q._ That black coat must have fitted your master vastly well?

_A._ I cannot say, I never saw it on.

_Q._ You brushed it, did not you?

_A._ Yes; but not on his back.

_Q._ You are used to brushing his coats?

_A._ Of course.

_Q._ Now, a servant used to brush his master's coat, must know the size pretty well; this would be rather a short coat upon him, would it not?

_A._ No; I do not think it would.

_Q._ Upon your oath, would it not have been a great deal too long; was not it the coat of a man six feet high?

_A._ I did not know who owned the coat.

_Q._ I did not ask you that; but was not that the coat of a gentleman six feet high?

_A._ I do not know.

_Q._ You are not competent to say what sized man that would fit?

_A._ That coat would fit me very well; it is rather wide.

_Q._ Not at all too long for you?

_A._ No, not at all.

_Q._ You have seen Lord Cochrane, have not you?

_A._ Never in my life, to my knowledge.

_Q._ You have sworn some affidavits, have you not?

_A._ I have.

_Q._ Did you draw them yourself?

_A._ I did.

_Q._ Without any assistance?

_A._ Without any assistance.

_Q._ Whom had you seen before you drew them?

_A._ I cannot say who I saw, thousands.

_Q._ Upon that business?

_A._ No body.

_Q._ Before you made that affidavit, you had not seen any body upon that business?

_A._ No.

_Q._ Not Lord Cochrane?

_A._ Never in my life.

_Q._ Nor Mr. Cochrane Johnstone?

_A._ No.

_Q._ Nor Mr. Tahourdin?

_A._ I saw Mr. Tahourdin, but he did not know of my making the affidavits; I told Mr. Tahourdin of my master's absence; I went to tell him.

_Q._ How soon was that after he left his lodgings?

_A._ I cannot positively say to a day.

_Lord Ellenborough._ What absence do you mean?

_A._ From the 27th.

_Mr. Gurney._ How soon after the 27th did you tell him?

_A._ About the 7th or 8th.

_Q._ Of March?

_A._ Yes.

_Q._ You swore your affidavit on the 24th of March?

_A._ Yes; but I drew it out before then.

_Q._ And that without any concert with any body whatever?

_A._ Yes.

_Q._ Merely for the vindication of your master's character?

_A._ Yes.

_Q._ And when you had done it, what did you do with the affidavit?

_A._ I sent it to have it published.

_Q._ To whom did you send it?

_A._ I took it to Mr. Cochrane Johnstone. I found my master a very injured gentleman.

_Q._ And therefore you took it to Mr. Cochrane Johnstone, to be published?

_A._ I did not take it to be published.

_Q._ You gave me those very words?

_A._ He did publish it.

_Q._ Did you not take it to be published?

_A._ I did not take it to the printer.

_Q._ Did you not take it to Mr. Cochrane Johnstone, that it might be published?

_A._ Yes.

_A Juryman._ Did your master breakfast at home on Monday the 21st of February?

_A._ No, he did not.

_Re-examined by Mr. Richardson._

_Q._ When was it that you first saw this black coat?

_A._ On the 21st of February.

_Q._ That was the Monday?

_A._ Yes.

_Q._ That was after he came home, which you say was about three o'clock?

_A._ I came home about three o'clock.

_Q._ He was at home?

_A._ Yes.

_Q._ He might have been at home before that?

_A._ Yes, he might.

_Q._ Does your master play on any musical instrument?

_A._ He was used to do.

_Lord Ellenborough._ I will ask any question upon that subject for you, but there has been no question put on the cross-examination with reference to it?

_Mr. Park._ There was a question about his being still.

_Lord Ellenborough._ There was no allusion to musical instruments; you should have gone through it in your original examination, as it was to contradict their case. Does your master play on any musical instrument?

_A._ Yes; both the bugle-horn and violin.

_Q._ You say Mrs. Davidson described to you a person who called, and that you said it was most likely Mr. Cochrane Johnstone?

_A._ Yes.

_Q._ You had seen Mr. Cochrane Johnstone?

_A._ Yes; I had seen him but once.

_Q._ This was on Saturday the 26th?

_A._ Yes.

_Q._ Why did you say it was most likely Mr. Cochrane Johnstone?

_A._ Because she told me it was a tall gentleman, and his long hair very much powdered.

_Q._ Having seen him but once, and not being much acquainted with him, what led you to say most likely it was Mr. Cochrane Johnstone; had you any expectation that he would come that day?

_A._ No, not the least.

_Q._ But having seen him once, you thought it must be that tall man and powdered, whom you had seen but once in your life?

_Q._ I might have seen him oftener than that, but not to my recollection.

_Q._ What you said was, that you had seen him once?

_A._ I had seen him once, I know.

_Q._ Had you seen him oftener than that?

_A._ I cannot say; but I once saw him at his own house.

_Q._ I supposed you had never seen him but once from your answer?

_A._ I might have seen him oftener, but I do not know that I had.

_Q._ You are as sure as that you are existing, that your master went up at eleven o'clock, or sometime after eleven, on Sunday evening the 20th of February?

_A._ So help me God; I am sure he did.

_A Juryman._ Did you see him go up, or only hear him go up?

_A._ I heard him go up; I was in my bed room.

_Lord Ellenborough._ But you let him in?

_A._ Yes, I did.

_A Juryman._ You are sure that was on Sunday the 20th?

_A._ Yes.

_Q._ Did your master often breakfast out?

_A._ Sometimes.

_Q._ Not often.

_A._ Not very often.

_Ann Smith sworn._

_Examined by Mr. Park._

_Q._ Are you the wife of Charles Smith?

_A._ Of William Smith.

_Q._ Were you a servant, with your husband, of Mr. De Berenger, in February last?

_A._ Yes.

_Q._ Had you been so for any length of time?

_A._ Two years and a half.

_Q._ Do you recollect having seen him at home on Sunday the 20th of February?

_A._ Yes.

_Q._ In the forenoon?

_A._ Yes.

_Q._ Do you know what time he went out that morning?

_A._ About nine o'clock.

_Q._ When did he come in again?

_A._ Between ten and eleven o'clock.

_Q._ How long did he stay at home at that time?

_A._ Not a great while.

_Q._ He then went out again?

_A._ Yes.

_Q._ When did you see him again?

_A._ He did not stay long.

_Q._ When did you and your husband go out that day?

_A._ Between four and five, after my master was gone out.

_Q._ What time did he go out?

_A._ About four o'clock.

_Q._ And you and your husband went out between four and five o'clock.

_A._ Yes.

_Q._ At what time did you and your husband return home that night?

_A._ About eleven, as near as I can guess.

_Q._ Was your master come home before you, or did he not return till afterwards?

_A._ My husband came in a few minutes before my master, and went down to strike a light, and I stopped to bring him some beer.

_Q._ Did your husband and you come home together?

_A._ Yes; only that I called at the public house for some beer; my husband said he would go in, and strike a light.

_Q._ Did your master come in that evening?

_A._ Yes.

_Q._ Did you see him come in?

_A._ No, he was let in before I returned with the beer.

_Q._ You heard him up stairs?

_A._ Yes.

_Q._ Is it your custom yourself to see him in the evening; does he sup?

_A._ He takes a little supper, but I was never in the habit of carrying it up stairs.

_Q._ Your husband does that?

_A._ Yes.

_Q._ Did he carry it up that evening?

_A._ He had nothing but a bit of bread, and a glass of ale.

_Q._ You did not see him that night?

_A._ No.

_Q._ Was it your business, as the female servant of this gentleman, to make his bed?

_A._ Yes.

_Q._ At what time did you get up on the Monday morning?

_A._ About seven.

_Q._ Are you sure that the time we are speaking of, was the Sunday morning before he finally went off?

_A._ Yes.

_Q._ Did you usually get up about seven?

_A._ Yes.

_Q._ At what time did your master go out that morning?

_A._ He went out before breakfast.

_Q._ At what hour do you take that to be?

_A._ Before Smith went out; he went out about eight and my master went out a little before him.

_Lord Ellenborough._ Did you see him go out?

_A._ No.

_Mr. Park._ Did you hear him?

_A._ No, I did not know that he was out, till I let him in.

_Lord Ellenborough._ You did not know that he had been at all absent from home on Monday, till you let him in?

_A._ No.

_Mr. Park._ Had you made the bed on the Sunday, the day you saw him go out so many times in the morning?

_A._ Yes, I was up stairs making the bed, and he went out; I looked out of the window, and saw him go.

_Q._ Did you, or not, make his bed on the Monday?

_A._ I did.

_Q._ At what time of the day did you make his bed?

_A._ Not till after my master came home; my master came home, and when I found he had been out, I went up stairs immediately, and I made his bed.

_Q._ As you did not see your master on the Sunday night or Monday morning, what was the last time upon the Sunday that you did in fact see him; not that you believe him to be there, but that you saw him with your own eyes?

_A._ I am not certain whether I saw him go out on the Sunday at four o'clock, but I think I did.

_Q._ You say you made his bed after he came home on the Monday?

_A._ Yes.

_Q._ You let him in on the Monday, at twelve o'clock?

_A._ Yes.

_Q._ Was the bed the same as it was to all appearance on other days?

_A._ Yes.

_Lord Ellenborough._ It appeared like a bed that had been slept in?

_A._ Yes.

_Mr. Park._ Had he been constantly sleeping in his own bed for several months?

_A._ Yes.

_Q._ Did you sleep in that bed, that night?

_A._ No.

_Q._ I did not mean to ask you an improper question; but you did not sleep in that bed; I meant no such insinuation as might be supposed?

_A._ I did not sleep in it.

_Q._ Did your husband sleep in that bed, and you in your own?

_A._ No.

_Q._ Did you and your husband sleep together that night?

_A._ Yes.

_Q._ Are you quite sure that you made the bed on the Sunday, and again on the Monday?

_A._ I did; I am quite sure of that.

_Q._ Do you recollect how your master was dressed when he came home on the Monday?

_A._ I do; he had a black coat on.

_Q._ Had he any thing in his hand?

_A._ Yes.

_Q._ What was it?

_A._ A bundle.

_Q._ Did you happen to see, while either it was in his hand, or immediately on his laying it down, the contents of the bundle?

_A._ I saw a part of a coat where the bundle was open at the tie; a grey coat, just where the knot was tied?

_Q._ Had your master a grey great coat?

_A._ Yes, he had.

_Q._ Had he had one for some time?

_A._ Yes; about a month, I believe.

_Q._ Did your master continue after that Monday to sleep regularly at home, till he finally went away on the following Sunday?

_A._ Yes.

_Cross-examined by Mr. Bolland._

_Q._ Your master had no other servant but you and your husband?

_A._ No.

_Q._ In what capacity did he serve him?

_A._ As man-servant; he used to wait upon him, and do any thing that was requisite to do.

_Q._ He waited upon him at dinner?

_A._ Yes; and at breakfast; he always used to carry it up; I never did that, except when he was out.

_Q._ You did not know till your master came home, that he had been out that morning?

_A._ No, I did not.

_Q._ Your husband went out about eight o'clock.

_A._ Yes.

_Q._ Was not Mr. De Berenger in the habit of ringing his bell in the morning for breakfast?

_A._ After he came down he used to ring the drawing-room bell, and then I used to carry it up, if my husband was out.

_Q._ Who supplied him in the morning with water, for the purpose of shaving?

_A._ He never used warm water; he had water in his room.

_Q._ He never rang for your husband to attend him?

_A._ Sometimes he did; but he knew my husband was going out that morning, and therefore he did not ring.

_Q._ Did it not appear to you extraordinary that morning, that there was no call for breakfast till that hour?

_A._ Yes; I supposed my master had breakfasted out, of course, when he came in.

_Q._ But you did not know of his going out?

_A._ No.

_Q._ Was not your surprize excited by his not ringing?

_A._ Yes; I was rather surprized that he had not rang.

_Q._ Do you recollect how he was dressed on the Sunday when he went out last; you do not mean to say that you saw him go out at four o'clock?

_A._ I do not recollect.

_Q._ The last time when you saw him go out on Sunday, how was he dressed?

_A._ He had on a black coat and waistcoat, and grey overalls.

_Q._ Of course, not seeing him on the Monday, you did not know in what dress he went out that morning?

_A._ No.

_Q._ But you say he returned home in a black coat?

_A._ Yes.

_Q._ Was that black coat his own?

_A._ That I cannot say.

_Q._ Was not that coat much too long for your master?

_A._ I did not observe it.

_Lord Ellenborough._ He did not come home in the same black coat he had gone out in on the Sunday?

_A._ That I cannot tell; I was not in the habit of brushing his coat.

_Mr. Bolland._ Did you ever see Lord Cochrane?

_A._ No.

_Q._ Was not the coat that he came home in, on the Monday, so long, that you recollect remarking it could not belong to him?

_A._ No, I did not remark that.

_Q._ Did you see the coat lie on the chair afterwards?

_A._ It might be there, but I did not observe it.

_Q._ What was in this bundle that he brought home?

_A._ I saw a part of a grey coat between the tie of the bundle.

_Q._ Did you make an affidavit upon this business?

_A._ Yes.

_Q._ When was that?

_A._ The 24th of March.

_Q._ Who suggested to you the necessity of making the affidavit?

_A._ No body but my husband; it was his wish to make his, and he said, therefore Ann do you make yours.

_Lord Ellenborough._ What did you see besides the grey coat in the bundle?

_A._ I saw nothing but that.

_Lord Ellenborough._ Recollect yourself, because you have sworn you saw a green uniform?

_A._ There might be a green uniform.

_Q._ Was there, or was there not?

_A._ Yes, there was a green uniform.

_Q._ Was it in the bundle or not?

_A._ Yes, it was in the bundle.

_Mr. Bolland._ Was there any thing extraordinary in your master going out in his green drill dress?

_A._ No; not that I know of.

_Q._ Was he in the habit of going out in it?

_A._ Yes.

_Q._ And of returning in it?

_A._ Yes.

_Q._ Did you ever know him go out in his green drill dress and come home in a black coat?

_A._ No.

_Q._ That morning he had his green drill dress in his bundle, with his great coat?

_A._ Yes.

_Q._ Your husband made an affidavit, and you made an affidavit as well yourself?

_A._ Yes.

_Q._ Had you seen any body on the subject of that affidavit?

_A._ No.

_Q._ Had you seen Mr. Tahourdin?

_A._ No.

_Q._ How soon after or before making that affidavit, did you see Mr. Tahourdin?

_A._ I saw Mr. Tahourdin a few days after.

_Q._ Did you know for what purpose your affidavit was made; how it was to be used?

_A._ No.

_Q._ Do you know to whom it was taken; what did your husband do with it; do you know of your own knowledge?

_A._ It was put in the papers, I know.

_Q._ Was it put in by him or by any body else?

_A._ I believe it was put in by him.

_Lord Ellenborough._ Did Mr. De Berenger ever wear whiskers?

_A._ Yes, sometimes he used.

_Q._ How long before the 20th of February had you seen him wear whiskers?

_A._ I do not know; I was so little in the habit of seeing my master, that I do not know whether he had whiskers or not.

_Q._ You saw him come in at the door, did not you?

_A._ On the Monday morning.

_Q._ At times you used to see him?

_A._ Yes.

_Q._ Were you so little acquainted with the countenance of the man in whose service you had lived two years and a half, that you did not know whether he was a whiskered man or an unwhiskered man?

_A._ I never attended the door when my husband was at home.

_Q._ You used to go backwards and forwards; just before you did not know whether there was a green coat in the bundle; and then when I put you in mind of what you had sworn, you say positively there was?

_A._ Yes, there was.

_Q._ And now you mean to say, you saw so little of your master, that you do not know whether he had whiskers?

_A._ No, I do not know.

_A Juryman._ You say you did not make your master's bed until his return on Monday?

_A._ No.

_Q._ Did you see it before his return on Monday?

_A._ No; but he was not up stairs, he was in the drawing room.

_Q._ You did not see the bed till after his return?

_A._ No, I did not.

_John M'Guire, sworn;_

_Examined by Mr. Richardson._

_Q._ I believe you are ostler at Smith's livery stables, at the Cross Keys yard, Chelsea?

_A._ Yes.

_Q._ Were you acquainted with the person of Mr. De Berenger?

_A._ Yes.

_Q._ Was he in the habit of frequenting your master's stables, or that neighbourhood?

_A._ Yes.

_Q._ Were you well acquainted with his person in the month of February last?

_A._ Yes, I was.

_Q._ Do you remember seeing him upon the 20th of February?

_A._ Yes.

_Q._ On a Sunday?

_A._ Yes.

_Q._ What makes you remember the day?

_A._ I remember the day perfectly well, on the account that I knew him to be in the Rules of the King's Bench.

_Q._ How does that enable you to recollect the particular day?

_A._ Upon account, that I determined in my own mind, that I would ask his servant the next time I saw him, whether he was out of the Rules.

_Q._ Before that time had he ever lived at Chelsea?

_A._ Yes, he had.

_Q._ And so you became acquainted with his person?

_A._ Yes.

_Q._ On this 20th of February, at what time did you see him at Chelsea?

_A._ At a quarter past six.

_Q._ Where did you see him?

_A._ At Mr. Smith's stable-yard gateway.

_A Juryman._ A quarter past six in the morning or the evening?

_A._ The evening.

_Mr. Park._ Did any thing pass between you?

_A._ Yes; he asked me whether the coach was gone; I told him the six o'clock coach was gone, but the seven would be ready in three quarters of an hour.

_Q._ What further passed?

_A._ He made no more to do, but turned round and took his way to London.

_Q._ Did he say any thing more?

_A._ He said it would not do to wait for the seven o'clock coach.

_Q._ And he set out on foot for London?

_A._ He did.

_Q._ This was about a quarter past six, you say?

_A._ Yes.

_Q._ Are you confident as to the day?

_A._ I am.

_Q._ And as to his person, you have no doubt about it?

_A._ No, not the least.

_Q._ Did any circumstance occur to call this to your recollection?

_A._ Yes; I mentioned it to my wife, when I went home that night.

_Q._ What induced you to mention it to her?

_A._ That I had seen Mr. De Berenger on that evening, at a quarter past six.

_Lord Ellenborough._ You mentioned the time to her?

_A._ Yes.

_Q._ You mentioned particularly to her, that you had seen him at a quarter past six?

_A._ I did.

_Mr. Richardson._ What induced you to mention the circumstance to your wife?

_A._ Knowing that he was in the Rules of the Bench, and not having seen him that way, from the time that he was in the Rules before.

_Q._ Did he go from that lodging he had in Chelsea, to the Rules of the King's Bench?

_A._ Yes, he did.

_Cross-examined by Mr. Adolphus._

_Q._ How long had you known Mr. De Berenger before this?

_A._ I had known him about three years and a half; I was living at Mr. Smith's yard at that time.

_Q._ And you had known him all that time?

_A._ I had.

_Q._ It was on the Sunday you saw him?

_A._ Yes.

_Q._ You knew him to be an officer in the corps of riflemen, did not you?

_A._ Yes, I did.

_Q._ Perhaps you thought he was out on Sunday on military duty, or something of that kind?

_A._ I did not know, but the answer my wife made, when I said that to her was, that she supposed it was the same as it was at Edinburgh, and that on the Sunday a person used to come and visit her aunt.

_Q._ I cannot see what makes you remember particularly that it was the 20th of February?

_A._ I had very good occasion for it.

_Lord Ellenborough._ Did you write it down?

_A._ No, I cannot write.

_Q._ Did your wife put it down?

_A._ No; she cannot write neither.

_Mr. Adolphus._ How do you know it was on the 20th of February?