Chapter IV: Part 4

_Mr. Serjeant Best._ So far the evidence goes my Lord, they now want to make the contents of that letter evidence, but before they can do that they must either prove that letter to be the hand-writing of Mr. De Berenger, or trace that Letter regularly from the hand of Mr. De Berenger: they have no such evidence, but all they say is, that Wright, the Landlord of the inn, took the letter out of the inn and delivered it to the boy at the door, the boy never having seen Mr. De Berenger, nor they having the smallest evidence whatever to connect the boy with him.

_Lord Ellenborough._ If there had been, the question would not have arisen.

_Mr. Serjeant Best._ I submit there is nothing to connect that letter with this person, and if it is the hand-writing of Mr. De Berenger I should think they would have no difficulty in proving that, there were other gentlemen waiting for information from France, as we hear from the witnesses, and if this letter is read Mr. De Berenger and the other Defendants may be made responsible for that letter which may have been written by one of those other persons.

_Lord Ellenborough._ I only want to get first all the facts relating to this letter. I cannot find any thing beyond that that he wanted an express horse to send to the Admiral at Deal.

_Mr. Gurney._ And that a sheet of paper was brought to him to write.

_Lord Ellenborough._ That he was preparing to write a letter and that he wanted an express horse to carry it, but as to the immediate identification of that letter you lose the intervening proof by the absence of Mr. Wright.

_Mr. Gurney._ My Lord, if there is any sort of difficulty about it, I will identify it at once by proving the hand-writing, but the Gentleman to prove that felt a delicacy in consequence of his being the Attorney for the prosecution.

_Germain Lavie, Esq. sworn._

_Examined by Mr. Gurney._

_Q._ You are the Attorney for the prosecution?

_A._ Yes.

_Q._ Did you see Mr. De Berenger in the custody of the messenger, in the course of the month of April?

_A._ Several times.

_Q._ In the course of those interviews did you see him write?

_A._ I did.

_Q._ Did you see him write a good deal?

_A._ Yes, a considerable deal, I saw a whole letter which he handed me across when he had written it, and it was given back and copied again, and for about an hour he was writing different things and handing backwards and forwards.

_Q._ Did you also see his papers in his writing desk?

_A._ I did.

_Q._ From the observation you made upon his writing, seeing him writing as you did at those several interviews, do you or do you not believe that to be his hand-writing?

_A._ I verily believe it to be his hand-writing from what I saw him write, but I am more impressed with its being his hand-writing, or at least the impression of its being his hand-writing is strengthened by what I saw of his writing.

_Q._ Do you believe, from what you saw him write, that that is his hand-writing.

_A._ Yes I do most solemnly, I did not see the letter till afterwards, and the moment I saw it, I concluded that to be his hand writing, and said so at the time.

_Mr. Park._ What you said at the time is no evidence, and you know that.

_Mr. Gurney._ Did your observation of it enable you to say you believed it to be his hand writing?

_A._ I have said so.

_Mr. Park._ You know as well as any man, that what you said to any body is no evidence.

_Lord Ellenborough._ It is a measure strongly indicative of his persuasion, it is an act accompanying his seeing it.

_Mr. Gurney._ Does Mr. De Berenger always write as large as that, or does he write a hand as large as that, and a smaller one also?

_A._ His usual hand is a good deal smaller than this.

_Q._ Did you find him sometimes writing larger than at other times?

_A._ Yes, there was apparently in his letters a larger hand in writing, I could positively swear that the man who wrote those I saw, wrote this, only one was larger than the other.

_Cross examined by Mr. Park._

_Q._ You told my learned Friend just now, that you formed your mind not only from what you saw him write, but from what you saw in his writing desk?

_A._ That confirmed my mind.

_Q._ Upon your oath, if you had not seen those writings in his Desk, would you have taken upon yourself to swear that it was his hand writing?

_A._ I think I should, but that makes it much stronger in my mind.

_Q._ I ask you again and will have a positive answer to the question, if you had never seen those other writings to which you have alluded, would you upon the mere circumstance of having seen him write, have taken upon you to swear that you believed that to be his hand writing?

_A._ I could have sworn it not quite so strongly, I could have sworn to my verily believing it, but I can now swear without the least doubt that it is his.

_Q._ That is because I have examined you perhaps?

_A._ No it is not.

_Q._ You verily believe that to be his writing, do you?

_A._ Yes.

_Q._ Look at that and tell me whether you believe that to be his hand writing, (_shewing a letter to the witness_) you need not open it, I have shut it for the purpose.

_A._ Yes I do, that is more like what I saw him write than this; I believe that to be his hand writing.

_Mr. Park._ I will put a letter A upon it; will you be so good as to look at that account, (_shewing it to the witness_) and tell me whether you believe that to be his hand writing.

_A._ I can only say this is the sort of hand he writes.

_Q._ Will you swear that is his hand writing.

_A._ That appears to me to be the same sort of hand.

_Mr. Park._ I will mark this B. They are very much alike.

_A._ They are more like the sized hand he writes in common than this, this is a larger hand.

_Mr. Serjeant Best._ Do you believe these to be Mr. De Berenger's hand writing? (_shewing three papers to the witness_).

_A._ They are all like his hand writing.

_Lord Ellenborough._ I think this should be kept for your case--I never saw any thing like this in my life.

_Mr. Gurney._ I take for granted these are meant to be produced in the defence?

_Lord Ellenborough._ You must be conscious that you are doing an irregular thing in tendering them now.

_Mr. Park._ I am not conscious my Lord, of doing an irregular thing.

_Lord Ellenborough._ I mean in tendering evidence at a time when it is not open to the Defendant to do so.

_Mr. Park._ But I may try the credit of the Witness by shewing him these.

_Lord Ellenborough._ There is no doubt that every Defendant has a right to give evidence in his turn, but at present we are upon the case of the prosecution.

_Mr. Park._ Have you not shewn that Letter to various other persons in order to procure their testimony to the hand writing?

_A._ No, I have not.

_Q._ You have not attempted it?

_A._ I was always conscious that I should be able to prove the Letter, but this morning finding Mr. Wright was not come up, I asked them if they had any body at hand that could prove it, so as to avoid being called myself; but I believe I must be called at last to the examination of the papers, so that it is not so important my being called sooner or later.

_Q._ Have you attempted to get other evidence?

_A._ I have not.

_Q._ Was Mr. Stevens applied to?

_A._ Before the Grand Jury, Mr. Stevens was not only applied to, but attended.--Mr. Lees also, of the Bank of England had ascertained before I had any thing to do with the business----

_Mr. Park._ That is not my question.

_Lord Ellenborough._ Put your question distinctly.

_Mr. Park._ I ask whether Mr. Lavie had not applied to various persons to swear to De Berenger's hand writing, and finding that they would not swear to it, then he determined to swear to it himself?

_A._ No, I have not.

_Mr. Gurney._ You say you did apply to Mr. Lees of the Bank, and Mr. Stevens?

_A._ Yes.

_Q._ Mr. Lees is the Inspector at the Bank?

_A._ He is.

_The Letter was read as follows:_

Dover, one o'clock, A. M. Feb. 21st, 1814.

Sir,

I have the honour to acquaint you, that the L'Aigle from
Calais, Pierre Duquin, Master, has this moment landed me near
Dover, to proceed to the capital with Dispatches of the
happiest nature. I have pledged my honour that no harm shall
come to the crew of L'Aigle; even with a Flag of truce they
immediately stood for Sea. Should they be taken, I have to
entreat you immediately to liberate them; my anxiety will not
allow me to say more for your gratification, than that the
Allies obtained a final victory, that Bonaparte was overtaken
by a party of Sachen's Cossacks, who immediately slaid him,
and divided his body between them; General Platoff saved Paris
from being reduced to ashes, the Allied Sovereigns are there,
and the White Cockade is universal, an immediate Peace is
certain.--In the utmost haste I entreat your consideration,
and I have the honour to be,

Sir,
Your most obedient, humble Servant,
R. Du BOURG,
Lt. Col. & Aid de Camp to Lord Cathcart.

To the Honourable T. Foley
Port Admiral, Deal,
&c. &c. &c. &c.

_Mr. Serjeant Best._ Your Lordship will allow me to explain. I did not ask these questions of Mr. Lavie, with a view to offer hand writing against hand writing, but to prove these Papers that I mean to offer in evidence.

_Lord Ellenborough._ They should be proved in your case; I know by mutual consent they are sometimes proved by a Witness for the Prosecution, and I did not interfere in the first instance, but when I saw it multiplying, I thought it necessary to interfere.

_Thomas Dennis Sworn._

_Examined by Mr. Adolphus._

_Q._ Are you the driver of a post chaise in the service of Mr. Wright, at the Ship at Dover?

_A._ Yes.

_Q._ Early in the morning of the 21st of February, do you remember taking a fare from thence?

_A._ Yes, I drove the chaise.

_Q._ With how many horses?

_A._ Four.

_Q._ Where did you drive it to?

_A._ To Canterbury.

_Q._ To what Inn?

_A._ To the Fountain.

_Q._ What sort of person was it that you drove?

_A._ I cannot say.

_Q._ Was it one person, or more than one?

_A._ Only one.

_Q._ A man or a woman?

_A._ A man.

_Q._ Was it dark?

_A._ Yes.

_Q._ Could you see how he was dressed?

_A._ No.

_Q._ Had you the Wheel horse, or the leaders?

_A._ The leaders.

_Q._ When you put the person down whom you had driven, what did he give you?

_A._ He gave me a gold Napoleon.

_Q._ Did he give you only?

_A._ He gave us one a piece.

_Q._ What became of those Napoleons?

_A._ I sold mine.

_Q._ What did you get for it?

_A._ I got a one pound note for mine.

_Q._ Do you know the name of the lad at Canterbury that took him after you?

_A._ Yes.

_Q._ What is his name?

_A._ Broad.

_Q._ Who was the other?

_A._ Thomas Daly.

_Cross Examined by Mr. Richardson._

_Q._ Did you see Broad and Daly set off with the chaise from Canterbury?

_A._ Yes.

_Q._ It was a very dark night, was not it?

_A._ Yes.

_Q._ An hazy misty night?

_A._ Yes.

_Q._ A dark foggy night?

_A._ Yes.

_Q._ How do you remember the day this happened, from Dover you are in the habit of carrying persons in chaises and four to Canterbury frequently?

_A._ Yes.

_Q._ Day and night?

_A._ Yes.

_Q._ The carrying a gentleman in a chaise and four to Canterbury was nothing extraordinary?

_A._ No.

_Q._ How came you to remember this particular day?

_A._ I do not know.

_Q._ Upon your oath, might it not have been the 20th or the 22nd?

_A._ I cannot say indeed.

_Q._ Have you not heard other people say it was the 21st that this extraordinary affair happened?

_A._ No, I have not.

_Q._ You have not heard it talked of at all?

_A._ No.

_Q._ For aught you know it might be the 20th or the 22nd?

_A._ I cannot say.

_Re-examined by Mr. Adolphus._

_Q._ Do you remember what day of the week it was?

_A._ No.

_Q._ Do persons often give you a Napoleon for driving them?

_A._ No, I never had one before.

_Q._ You do not remember the day of the week?

_A._ No, I do not.

_Edward Broad sworn._

_Examined by Mr. Adolphus._

_Q._ Are you a driver of a chaise at the Fountain at Canterbury?

_A._ Yes.

_Q._ Do you remember the last witness coming to your house with a fare early in a morning in February.

_A._ Yes.

_Q._ Do you remember what day it was?

_A._ No, I do not.

_Q._ Do you remember what day of the week it was?

_A._ No, I do not.

_Q._ Was it one gentleman you particularly remember, or more?

_A._ One gentleman.

_Q._ From whence did he come?

_A._ From the Ship at Dover.

_Q._ Did you drive the wheel horses or the leaders?

_A._ The leaders.

_Q._ He came with four horses?

_A._ Yes.

_Q._ And went away with four?

_A._ Yes.

_Q._ Where did you drive him to?

_A._ To the Rose at Sittingbourn.

_Q._ Did you see him into a chaise there?

_A._ He did not get out--the chaise went forwards.

_Q._ With four horses or two?

_A._ With four.

_Q._ Who drove him, do you remember the boys names?

_A._ Michael Finnis was one, and James Wakefield.

_Q._ What present did he make you?

_A._ I did not receive any money from him; the other boy received the money.

_Q._ What had you for your share?

_Mr. Park._ That cannot be received unless he saw it given.

_Mr. Adolphus._ Did you see the money given?

_A._ I was very busy taking the horses off.

_Q._ What had you for your share?

_A._ A Napoleon.

_Cross-examined by Mr. Park._

_Q._ Have you long lived at the Fountain at Canterbury?

_A._ Yes.

_Q._ Have you long known Thomas Dennis?

_A._ Yes, some years.

_Q._ Have you never driven a fare he brought from Dover before?

_A._ Not particularly to my knowledge.

_Q._ Your knowledge has been called to this subject, but you do not know that you ever drove one that he brought before?

_A._ I might have driven one, but he brought this I know.

_Q._ You might have driven a fare brought by him from Dover?

_A._ I might, there are a great many boys from that Inn.

_Q._ And you have driven a single gentleman before?

_A._ Yes.

_Q._ And sometimes you have driven a chaise and four?

_A._ Yes.

_Re-examined by Mr. Adolphus._

_Q._ Did you ever receive a Napoleon before?

_Mr. Park._ He did not receive it from that person.

_Lord Ellenborough._ Did all these circumstances ever concur in any other case. Did you ever drive so early in the morning a single gentleman in a chaise and four, and receive a Napoleon from him?

_A._ No, I never did.

_Michael Finnis sworn._

_Examined by Mr. Adolphus._

_Q._ Are you a post-chaise driver at the Rose at Sittingbourn?

_A._ Yes.

_Q._ Do you remember the last witness bringing a gentleman in a post-chaise to your house?

_A._ Yes.

_Q._ In the month of February?

_A._ I did not take particular notice of the time.

_Q._ Was it early in the morning?

_A._ Yes.

_Q._ In a chaise and four?

_A._ Yes.

_Q._ At what o'clock in the morning might it be?

_A._ It might be somewhere about four, or between four and five I believe. I did not take particular notice, for I had no watch with me, it was dark.

_Q._ Where did you drive him to?

_A._ I drove him to the Crown at Rochester.

_Q._ That is Mr. Wright's house?

_A._ Yes.

_Q._ At what time in the morning might it be when you got to Rochester?

_A._ I cannot say, we were not much above an hour going with the gentleman--it might be an hour and ten minutes at the outside.

_Q._ Did the gentleman get out there?

_A._ Yes, he did.

_Q._ What present did he make you?

_A._ He gave us a Napoleon a piece; he gave me two, one for my fellow-servant and one for myself.

_Lord Ellenborough._ You had no opportunity of seeing his person?

_A._ I did just see him in the house when he paid me, but I did not take any particular notice of him.

_Lord Ellenborough._ He had no luggage, had he?

_A._ I do not know.

_Lord Ellenborough._ I thought he had changed chaise?

_Mr. Park._ No, he did not change chaise, only got out and in again.

_A Juryman._ Did you observe his dress?

_A._ He had a kind of a pepper and salt coat on, and a red coat under that I perceived, and a cap he had on.

_Mr. William Wright sworn._

_Examined by Mr. Adolphus._

_Q._ You keep the Crown Inn at Rochester?

_A._ Yes.

_Q._ Do you remember a chaise from Sittingbourn arriving at your house on the morning of the 21st of February?

_A._ Yes.

_Q._ A chaise and four?

_A._ Yes.

_Mr. Park._ I request that the questions may not be put so leading as to fix the day, for not one witness has proved it.

_Mr. Adolphus._ Have you any particular reason for remembering that day?

_A._ Yes.

_Q._ What sort of a person was it that came in the chaise?

_A._ It was a tall person rather thin than otherwise.

_Q._ Dressed how?

_A._ He was dressed in a pepper and salt great coat, with a scarlet coat under it, a Military scarlet coat; the upper coat was nearer the color of that coat I think than any thing I could state, (_pointing to the coat before produced_), the scarlet Military coat he had under that was very much trimmed with gold lace, it appeared by the candle light to be gold lace trimmed down the front; he had on also a cap, a Military cap with a broad gold lace round it--a band.

_Q._ What was the cap apparently made of?

_A._ The cap appeared to me to be made of cloth; I am not certain whether it was of cloth or fur, but it appeared to be nearly of the color of the great coat.

_Q._ Was there any thing particular about his Military coat?

_A._ On the Military coat was a star, and something suspended either from the neck or the button, I do not know which, something which he told me was some honor of a Military order of Russia.

_Q._ Was that thing at all like this? (_shewing the star to the witness._)

_A._ Yes, it had very much the appearance of that sort of thing.

_Q._ Did the person stay any time at your house?

_A._ I should suppose I was in conversation with him about ten minutes in the parlour.

_Lord Ellenborough._ At what time in the morning was this?

_A._ The time the chaise drove into the yard I suppose was about half-past 5 o'clock; it was not earlier than that, and I suppose very little later.

_Mr. Adolphus._ What were you and he doing during these ten minutes?

_A._ I was getting some chicken for him, and cutting that chicken up and some round of beef.

_Q._ In what room were you?

_A._ In our bar parlour; I took him there, the house not being open, that being warmer than the rest of the rooms.

_Q._ What passed in that conversation you had with him?

_A._ I was first of all called up by a post-boy of my brother's at Dover, he told me he was to go forward with some letter to London, and that there was a Messenger.

_Q._ You must not state what passed with your brother's boy, but in consequence of what that boy told you what did you say to the gentleman?

_A._ I went into the yard and found the gentleman looking out at the front window of the chaise and he said he was very hungry, and could he have any thing to eat, for he had had nothing since he left Calais; I told him that he could get any thing he pleased, and should I bring him any thing by way of a sandwich, as I supposed he would not get out of the chaise, he said he would get out, and he did get out, and I took him into our bar parlour; when he got there I said "I am led to suppose you are the bearer of some very good news for this Country," he said he was, that the business was all done, that the thing was settled. I asked him if I might be allowed to ask him, what was the nature of his dispatches, and he said "he is dead!" I said "who do you mean Sir?" He said "The Tyrant Bonaparte!" or words to that effect; I believe those were the exact words. I said "is that really true Sir?" Upon that observation he said, "if you doubt my word you had better not ask me any more questions." I then made an apology for presuming to doubt his word, and requested he would be kind enough to say, as the Country was very anxious, and our town in particular, what were the dispatches; he then went on that there had been a very general battle between the French and the whole of the Allied Powers, commanded by Schwartzenberg in person; that the French had been completely defeated and Bonaparte had fled for safety. That he had been overtaken at a village, to the best of my recollection he said it was Rushaw, six leagues from Paris, by the Cossacks, to the best of my recollection that was the name of the place and the distance. That the Cossacks had there come up with him, and that they had literally torn him into pieces. That he had come from the field of battle from the Emperor Alexander himself; that he either was an Aid-de-Camp of the Emperor or of one of his principal Generals he told me, but which I am not able to say, but one I know he told me was the case, that the Allies were invited by the Parisians to Paris, and the Bourbons to the throne of France, that was pretty well all the conversation that passed. He eat very little, if he did any thing, he said he was very cold; I asked him if he would take any brandy, he said no he would not, for he had some wine in the carriage. He enquired what he had to pay, I told him what he had had had been in so uncomfortable a manner, that I should not wish to take any thing for what he had had. He did not accept of that, he threw down a Napoleon on the table and desired me to take that for what he had himself taken, and to give the servants something out of it; he meant the whole of the servants, for when he got into the chaise the ostler asked him for something, and he said he had left something with his master.

_Q._ Did he go away in the chaise that brought him, or in another chaise?

_A._ In the same chaise.

_Q._ With four horses?

_A._ Yes, with four horses.

_Q._ What were the names of the lads that drove him?

_A._ James Overy and Thomas Todd, I believe were the boys. I am not quite positive as to the names of the boys.

_Q._ Should you know the person again that you saw that morning if you were to see him?

_A._ I think I should, he was very much disguised at that time.

_Q._ Look about, and tell me whether you see him any where?

_A._ I do not immediately see any face that I should know again, that I at this moment recollect.

_Q._ Look with care round about?

_A._ That is the gentleman, (_pointing to De Berenger_.)

_Q._ Do you believe that to be the person?

_A._ Yes, I do think that is the person--really when I see the face it is the same.

_Q._ Looking again, have you any doubt of it?

_A._ I think I can swear that is the gentleman. I have no doubt of it--that certainly is the gentleman.

_Cross Examined by Mr. Richardson._

_Q._ Had you ever seen the gentleman before?

_A._ No.

_Q._ Nor since?

_A._ No not till to-day, not to my knowledge.

_Q._ The first thing he said was that he was very hungry; and you went to get him something to eat?

_A._ Yes; and he got out of the chaise, and I got him something. We crossed the yard together.

_Q._ During all the time you were with him he was getting something to eat?

_A._ No; he was sitting in the room part of the time.

_Q._ You were busy getting him something at the time?

_A._ He was standing while I was getting it, and then he sat down; I staid to wait upon him.

_Q._ What was the whole length of the time you were with him?

_A._ I suppose ten minutes.

_Q._ The greatest part of that time he was eating, was not he?

_A._ The greatest part of the time he was talking; I do not think he ate any thing; he took a knife and fork in his hand but I do not believe he ate any thing.

_A Juryman._ Did you observe any thing particular in his dress?

_A._ He was dressed pretty much in the way I have described; he had one part of his dress I have not mentioned, which was a large white cockade hanging down very dirty, as if it had been a long time worn.

_Lord Ellenborough._ Had you any conversation with him about his communicating this intelligence in any public quarter; or did you give him any advice upon that?

_A._ No I did not. When he went away I gave him a card of the road, and requested his favors when he should come that way again; and he bowed, as if assenting.

_Q._ You have not seen him since?

_A._ No I have not.

_A Juryman._ Had he his cap on?

_A._ Yes he had it on the whole of the time I believe. I have got the Napoleon in my pocket that the gentleman gave me.

_The Witness produced it._

_A Juryman._ What did you say was the color of the cap he had on?

_A._ I think it was very near the color if not the color of the great coat, to the best of my recollection, looking at it by candle light.

_Lord Ellenborough._ From the circumstances of his appearance, looking at that person before you, you have no doubt?

_A._ I have no doubt of it; I can swear to that gentleman, though I have never seen him since.

_James Overy sworn._

_Examined by Mr. Adolphus._

_Q._ Did you take up a person at your master's house at Rochester?

_A._ Yes.

_Q._ Do you recollect on what day it was?

_A._ On a Monday.

_Q._ Can you recollect the day of the month?

_A._ No I cannot.

_Q._ Where did you drive him to?

_A._ I drove him to Dartford.

_Q._ How was he dressed?

_A._ He appeared to have a great coat on.

_Q._ What house at Dartford did you drive to?

_A._ The Granby.

_Q._ What kind of a coat had he on?

_A._ A grey mixture coat it appeared to be.

_Q._ Did you see any other part of his dress?

_A._ Yes, a red coat, like an aid de camp's, it appeared to be.

_Q._ Describe the coat, was it adorned with any thing?

_A._ He had a star very full indeed.

_Q._ Did you see any thing else?

_A._ There was something about his neck hanging.

_Q._ What had he upon his head?

_A._ He had a cap with a bit of white ribband run through the cap.

_Lord Ellenborough._ How was that ribband, in the shape of a cockade?

_A._ No it was not.

_Mr. Adolphus._ What sort of a cap was it?

_A._ A cap such as officers wear, with a gold lace band round it.

_Q._ Was it day-light when you left him at Dartford?

_A._ Yes; it was about ten minutes before seven when we came to Dartford with him.

_Q._ Was it then day-light?

_A._ Yes it was day-light about two miles before we came to Dartford.

_Q._ Did you see the person sufficiently to think you should know him again?

_A._ I do not know that I should.

_Q._ What did he give you at parting?

_A._ He gave us two Napoleons, and paid me for the Dartford horses and for our horses too; he paid me one £5. note and a shilling for the Dartford horses, and the Rochester horses too, and the turnpikes.

_Q._ He gave you and the other lad a Napoleon a-piece?

_A._ Yes he did.

_Q._ Who took him up at Dartford?

_A._ Thomas Shilling and Charles Ward.

_Cross Examined by Mr. Park._

_Q._ What was the color of his cap?

_A._ I did not take notice of it.

_Q._ There was a white ribband stuck through it?

_A._ Yes.

_Q._ You took so much notice of it you said it was like an officer's cap?

_A._ Yes.

_Q._ How do you describe an officer's cap, are there not different sorts of officers caps?

_A._ I have seen what they wear when they are not in their regimentals, those they wear in a morning, this was such a cap as they generally wear in a morning, not what they wear with their regimentals in the day-time.

_Q._ It slouched down I suppose?

_A._ Yes.

_Q._ There is a something comes down to shade the eyes?

_A._ Not on that.

_Q._ How does it slouch then?

_A._ A kind of a turn down, a little way turned down.

_Q._ What was a little way turned down?

_A._ The cap.

_Q._ What part of the cap, in the front, or where?

_A._ In the front.

_Q._ Did you observe what color it was?

_A._ No I did not.

_Q._ Whether it was a dark brown?

_A._ I did not take any notice of the color.

_William Tozer sworn._

_Examined by Mr. Adolphus._

_Q._ You are an innkeeper at Dartford?

_A._ Yes.

_Q._ What is your sign?

_A._ The Crown and Anchor.

_Q._ Do you remember on any particular day James Overy bringing a fare to any other house in your town?

_A._ Yes.

_Q._ What day was it?

_A._ About the 21st of February.

_Q._ What day in the week?

_A._ Monday morning.

_Q._ What sort of person was it you took notice of?

_A._ The person that I took notice of was sitting in the chaise.

_Q._ Did you speak to him?

_A._ I did.

_Q._ What passed between you?

_A._ I was informed----

_Q._ Tell us what you told him?

_A._ In the first place, I made my obedience to the gentleman in the chaise, hoping that he had brought us some good news.

_Q._ You said so?

_A._ Yes.

_Q._ What did the gentleman say?

_A._ He said he had, and that it was all over; that the Allies had actually entered Paris; that Bonaparte was dead, destroyed by the Cossacks, and literally torn in pieces, and that we might expect a speedy peace.

_Q._ Did he tell you any thing more?

_A._ No; during the conversation I saw him give James Overy two gold pieces, which afterwards proved to be French pieces, I had them in my hand.

_Q._ Do you know the name of them?

_A._ I cannot say that I do; there was ten francs or something on them.

_Q._ Did you see enough of the person with whom you conversed in the chaise to think that you should know him again?

_A._ I am positive I should.

_Q._ Look round and see whether you see him here?

_The Witness looked round._

_A._ I cannot see him; he is not round here; I cannot say that I am positive.

_Q._ You do not see him?

_A._ No I cannot say that I do.

_Q._ Look from here to the end of the row?

_A._ No I cannot say that I am positive.

_Q._ Do you know the boys who drove the Baron away?

_A._ Yes, Shilling and ----.

_Mr. Gurney._ Before Shilling comes in, and when what I say is not heard by him, I must say that the person to be identified should hold his head so as to be seen.

_Mr. Park._ And so he did. I desired Mr. De Berenger to hold his head gently up, and he did it immediately.

_Lord Ellenborough._ The questions might go much nearer; the witnesses might be asked if that be the person: it is done always at the Old Bailey in cases of life and death, where the prisoner stands in a conspicuous situation--it is less strong in that case; but to be sure when it is proved in the way it has been, it can be of very little consequence.

_Thomas Shilling sworn._

_Examined by Mr. Adolphus._

_Q._ You are a chaise-driver at Dartford?

_A._ Yes.

_Q._ Do you remember on a particular day taking up a gentleman who came in a chaise and four to Dartford?

_A._ Yes.

_Q._ What day was that?

_A._ I do not rightly know the day, but I believe it was on the 21st of February.

_Q._ What day of the week?

_A._ On a Monday.

_Q._ Had you a pair of horses?

_A._ Yes.

_Q._ Upon your ride to London, did the gentleman say any thing to you?

_A._ Yes, he discoursed with me a good deal.

_Q._ Who first spoke to him in your hearing?

_A._ The first man that spoke to him in my hearing that I took any notice of, was the waiter.

_Q._ The waiter at your inn at Dartford?

_A._ Yes.

_Q._ What was the sign of your house?

_A._ The Granby at Dartford.

_Q._ What passed between him and the waiter?

_A._ The waiter asked him whether he had brought any good news; the gentleman said, yes, it was all over; Bonaparte was dead; he said he was torn in a thousand pieces; and the Cossacks fought for a share of him all the same as if they had been fighting for sharing out gold, and the Allies were in Paris; then we were ordered to go on.

_Q._ How far had you gone before this gentleman spoke to you?

_A._ To Bexley Heath, about two miles and a half.

_Q._ Had he before that said any thing to you about driving?

_A._ Not that I heard.

_Q._ When he came to Bexley Heath what did he say to you?

_A._ He told me not to hurry my horses, for his business was not so particular now, since the telegraph could not work he thought.

_Q._ Were you in sight of a telegraph then?

_A._ No.

_Q._ What sort of a morning was it?

_A._ Rather a thick morning; very frosty.

_Lord Ellenborough._ Did it appear to you to be so thick a morning that the telegraphs could not work?

_A._ It did.

_Mr. Adolphus._ What did you say to him?

_A._ I told him I thought the telegraphs could not work, for I knew almost every telegraph between Deal and London. He then said, Post-boy, don't take any notice of the news as you go along; I told him I would not unless he wished; he said I might tell any of my friends as I returned, for he dar'st to say they would be glad to hear it. He then said that he had sent a letter to the Port-Admiral at Deal, for he was ordered to do so, or he was obliged to do so, I will not be certain which.

_Lord Ellenborough._ You are sure he said so?

_A._ I am sure he said so. He said that he had to walk two miles after he came ashore before he got to the Ship at Dover. He said the Frenchmen were afraid of coming so near to Dover, for fear of being stopped, the Frenchmen that brought him; then we drove on till we came to Shooter's Hill.

_Mr. Adolphus._ Did he tell you why he had sent to the Port-Admiral at Deal?

_A._ To have the telegraphs worked, that he said was the reason.

_Q._ Did any thing further pass between you at the time?

_A._ Not any thing that I recollect.

_Q._ Had you any subsequent conversation at any other part of the stage?

_A._ Not till I got to Shooter's Hill; when I came there I alighted from my horse, and so did my fellow-servant; the gentleman then looked out of the window, and gave us part of a bottle of wine; he said we might drink that, because he was afraid the bottle should break, and some cakes with it.

_Q._ What sort of cakes?

_A._ Little round cakes; I chucked the bottle away, and handed the glass again into the chaise; he told me I might keep it, that I might have it. He then said, "Post-boy, you have had a great deal of snow here, I understand?" I said, "Yes, Sir, we have." He then said, "Here is a delightful morning, post-boy; I have not seen old England a long while before." Then he asked me, "which was the first hackney coach stand?" I told him, at the Bricklayer's Arms, was the first.

_Q._ Did he say why he asked that question?

_A._ Not a word; he said that would not do, for that was too public; he was afraid some body would cast some reflections, and he should not like that. I told him, I did not think any body would do that, that they would be so glad to hear of the news. Then he asked me, if there was not a hackney coach stand in Lambeth Road? I told him yes. Then he said, "Drive me there, post-boy, for your chaise will go faster than a hackney coach will, and so you may drive me there." I drove him to the Lambeth Road, and when I came there, there was no coach on the stand.

_Q._ Where about is the Lambeth Road?

_A._ I went from the Dog and Duck by the Asylum; this coach-stand was at the Three Stags, there was no hackney coach there. I ordered my fellow-servant to stop, and I looked round and told the gentleman there was no hackney coach there; but that there was a coach-stand at the Marsh Gate, and if he liked to get in there, I dared to say nobody would take any notice of him--I drove him up along side of a coach.

_Q._ Did he do any thing upon that?

_A._ I think he pulled up the side-blind as I came round the corner.

_Q._ Was the side-blind up?

_A._ Yes, it was up when I came there; I saw it up, but I did not see when he pulled it up.

_Lord Ellenborough._ Having been down before, it was up when you got there?

_A._ Yes, when I got there I pulled up alongside of a hackney coach.

_Mr. Adolphus._ How many hackney coaches were there?

_A._ Only one; I called the coachman, and the waterman opened the coach door, and I opened the chaise door.

_Q._ Did the gentleman go into the coach?

_A._ Yes, he did.

_Q._ How?

_A._ He stepped off my step on to that, for he stepped on the body of the coach, or on the step of the coach; I cannot say he never stepped on the ground, the coach and the chaise were too nigh together.

_Q._ Did he make you any present for your trouble?

_A._ He then held his hand down, and gave me two Napoleons; I have them here now; he did not say one was for my fellow-servant and the other for myself, but I supposed it was so (the witness produced the Napoleons.)

_Q._ Did you hear him tell the coachman where to drive to?

_A._ I did not.

_Q._ Do you know the name of the coachman or the waterman?

_A._ Yes, I do.

_Q._ What is the name of the coachman?

_A._ Crane.

_Q._ Do you know the waterman's name?

_A._ I am not rightly sure; I think they call him Bob. I know his person very well.

_Q._ How was this gentleman dressed, that you drove to town?

_A._ He was dressed with a dark fur cap--a round cap, and with white lace, of some sort, round it; whether it was gold or silver, I cannot say; he had a red coat on underneath his outer coat.

_Q._ What sort of a coat was his outer coat?

_A._ I think it was a dark coat, a kind of brown coat--but I will not swear to that.

_Q._ You saw a red coat underneath it?

_A._ Yes, I saw a red coat down as far as the waist; I did not see the skirts of it.

_Q._ Did you make any particular observation upon the red coat?

_A._ No, I think it was turned up with yellow; but I should not like to swear that.

_Q._ Had it any thing upon it?

_A._ It had a star of some sort upon it, but I was not close enough to see that, and cannot swear to what it was.

_Q._ Was that all that you observed of his dress?

_A._ No, not quite all, I think; I think upon the outer coat there was fur, a kind of white fur, the same as off a rabbit's skin.

_Q._ But that you do not recollect with certainty?

_A._ No, I should not like to swear to that.

_Q._ As you conversed so much with that gentleman, do you think you should know him again?

_A._ I should know him in a moment.

_Q._ Have you seen him since you have been in Court?

_A._ Yes, that is the gentleman (_pointing to De Berenger_.)

_Q._ Have you any doubt that is the person?

_A._ Not at all.

_Q._ Since the day you drove him, have you seen him before to-day?

_A._ I have.

_Q._ How often?

_A._ Only once.

_Q._ Where was that?

_A._ In King-street, Westminster, in a room there.

_Q._ Did you equally well know him then?

_A._ I did the moment I saw him.

_Q._ Had you ever the least doubt about him?

_A._ Never the least in the world; I knew him as soon as I saw him.

_Cross-examined by Mr. Richardson._

_Q._ Have you not been told this morning in what part of the Court he sat?

_A._ No, I never enquired about it; I looked round when I came in and found him out in a moment; I dare say every gentleman in the Court saw me.

_Q._ Had you never seen him before this time you speak of in February?

_A._ I have seen him since, I never saw him before February, to my knowledge.

_Q._ When was it that you heard of the reward which was offered by the Stock Exchange?

_A._ I heard of it the day it was printed.

_Q._ How long after this transaction happened?

_A._ I think two or three days afterwards.

_Q._ Do you remember the Club at Dartford, called the Hat Club?

_A._ Yes, perfectly well; I was there.

_Q._ Do you remember the conversation there, whether Crane or you should get the reward?

_A._ Yes, I remember being asked, whether I thought I should get the reward, and I said I thought not.

_Q._ You produced your purse, with what you had got?

_A._ Yes, I produced my purse, and rapped it on the table in this way, but that was money I had laid out before; I had received five pounds from the gentlemen of the Stock Exchange towards my expences.

_Q._ What might be your observation, when you rapped it upon the table?

_A._ To let them know that I had it.

_Q._ Did you say any thing about the yellow boys?

_A._ Yes, those were the gold Napoleons.

_Q._ Did you not say that the gentleman applauded you, and said you were a clever fellow?

_A._ No, I did not, I would have said very wrong if I had, I am sure.

_Q._ I think they would have done you no more than justice. Did you not on that occasion say, you would swear for that side that paid you best?

_A._ No, I did not.

_Q._ On that occasion, nor any other?

_A._ No, I never did, you may depend upon it.

_Q._ Nor any thing to that effect?

_A._ No, I did not.

_Q._ Who were present at this time?

_A._ Upon my word I do not know; several members round about.

_Q._ Several neighbours?

_A._ Yes, they were members.

_Q._ Was a person of the name of Man there?

_A._ I do not know him.

_Q._ Or Wood?

_A._ I do not know such a person; there were not above a dozen of them there; but I am not there often myself.

_Q._ How many members of the club are there?

_A._ I do not know, indeed; the hat maker pays my money for me; being very much out, I am not there one time in ten.

_Q._ When you are there, you do not know who are present?

_A._ No, I do not exactly.

_Lord Ellenborough._ What is this Hat Club?

_A._ We pay a shilling a week, and have a pint of beer; I have not been there these several weeks.

_Lord Ellenborough._ You get part of your money back in a hat?

_A._ We pay twenty-four shillings, and then have a hat for it.

_Mr. Richardson._ You have described this gentleman's person before to-day?

_A._ Yes, I have.

_Q._ You have been examined upon several occasions before this?

_A._ I have been examined at the Stock Exchange, and before the Grand Jury, no where else.

_Q._ Did not you describe the person as one that had a great red nose, and a blotched face?

_A._ A red nose I said, and his face was very red that morning, for it was very frosty. I said he was pitted with the small-pox.

_Lord Ellenborough._ Red or not sure you are, of the identity of the face?

_A._ Yes, I am sure of it.

_Mr. Richardson._ It was you that told him of the stand of coaches in the Lambeth Road?

_A._ Yes.

_Q._ That is before you come to the Marsh Gate?

_A._ Yes.

_Q._ That is not far from the Asylum, is it?

_A._ No.

_Q._ You went there for the purpose of getting a coach in the first instance?

_A._ Yes.

_Q._ And then you told him he might perhaps get one at the Marsh Gate?

_A._ Yes.

_William Bartholemew was called into Court._

_Q._ (_to Shilling_) Is that the waterman?

_A._ That is the waterman.

_William Bartholemew sworn._

_Examined by Mr. Adolphus._

_Q._ Are you a waterman attending a stand of coaches?

_A._ Yes.

_Q._ Where?

_A._ At the Marsh Gate.

_Q._ Do you know Shilling, the last witness?

_A._ Yes, by seeing him come up with post chaises from Dartford.

_Q._ He is a Dartford boy?

_A._ Yes.

_Q._ Do you remember at any time in February, his coming with a chaise with a gentleman in it?

_A._ Yes, the 21st of February.

_Q._ What day in the week was it?

_A._ On a Monday.

_Q._ With how many horses?

_A._ Four horses.

_Q._ At what time in the morning?

_A._ Between nine and half past nine in the morning.

_Q._ Was there a coach on the stand?

_A._ Yes.

_Q._ Any more than one?

_A._ No more than one.

_Q._ Who drove that coach?

_A._ One Crane.

_Q._ Did you see the gentleman get into it?

_A._ Yes, I did.

_Q._ How did he go in?

_A._ He stepped out of one into the other?

_Q._ Did you open the door and let down the step for him?

_A._ Yes.

_Q._ How was that gentleman dressed?

_A._ He had got a kind of brown cap on, and a dark drab military sort of coat.

_Q._ Was there any thing round the cap?

_A._ There was a sort of band or something round the cap.

_Q._ What had he under his military great coat?

_A._ A scarlet coat.

_Q._ Did you see any thing on the scarlet coat?

_A._ I only took notice of the lace upon it.

_Q._ Where did that gentleman order the coach to drive to?

_A._ Up to Grosvenor Square.

_Q._ To what street?

_A._ I do not recollect whether he told me any street, only Grosvenor Square.

_Q._ Do you think you should know that gentleman again?

_A._ I do not know; dress makes such an alteration.

_Q._ Look round, and see whether you can see any one.

_A._ I do not see that I can recollect him, only seeing him that half minute.

_Q._ Look at that gentleman who is stooping down to write, (_De Berenger_,) and see whether you think that is like him?

_A._ Yes, I do upon my word, but I only saw him for about half a minute.

_Cross-examined by Mr. Park._

_Q._ You, being a waterman, take that particular notice of every body that gets into a hackney coach, that you are quite sure having seen him step from the chaise into the coach, that he is the man?

_A._ I said at first, that the dress made such an alteration that I should think I should hardly know him.

_Q._ If I were to get into your coach with this dress on, and afterwards with my ordinary dress, you would hardly know me again?

_A._ No, I should think not.

_Richard Barwick sworn._

_Examined by Mr. Adolphus._

_Q._ What are you?

_A._ I am clerk to Messrs. Paxtons and Company.

_Q._ Where is their house of business?

_A._ In Pall Mall.

_Q._ They are Bankers?

_A._ Yes, they are.

_Q._ Do you remember a particular circumstance in passing near the Marsh Gate any morning?

_A._ Yes, I do.

_Q._ On what day?

_A._ Monday Morning the 21st February.

_Q._ What did you observe in passing?

_A._ I observed a post chaise with four horses, it had galloped at a very great rate, the horses were exceedingly hot, and the man was getting into a hackney coach that the people there told me had come out of that chaise.

_Q._ Did you hear that person who got into the coach say anything?

_A._ No, I had no conversation with any body.

_Q._ Did you follow that coach?

_A._ I did.

_Q._ How far?

_A._ I saw it as far as the Little Theatre, in the Haymarket.

_Q._ Why did you follow that hackney coach.

_A._ Because I wanted to know what the news was.

_Lord Ellenborough._ How came you to know any thing about the news?

_A._ I was told, it was a General Officer arrived with news, and I wanted to know what it was.

_Lord Ellenborough._ You were told it was an Officer arrived with news?

_A._ Yes, I was.

_Mr. Adolphus._ Then you went to your own business, having followed this coach to the Haymarket?

_A._ Yes.

_Q._ Did he pass by any of the public offices?

_A._ Yes, he did.

_Q._ Did he stop at any of them?

_A._ No.

_Q._ He went straight to the Haymarket?

_A._ Yes, he did.

_Q._ Was that the reason why you desisted from following?

_A._ It was nine o'clock, and I must be at the office by that hour, and therefore I did not go on.

_Q._ Did you see enough of that person to know him again?

_A._ I believe, I did.

_Q._ Look at him, and see whether you know his person again?

(_The witness looked round._)

_Lord Ellenborough._ Did you see his body?

_A._ I saw his face in the coach, he had a cap on such as the German Cavalry wear, after an evening parade, with a gold band upon it.

_Mr. Adolphus._ Have you seen that person in court?

_Lord Ellenborough._ There is no objection to his looking at the Defendant, and seeing whether he is the person.

(_The witness looked at the Defendant De Berenger._)