ould not go far; it is a thing that occurs every
day, I have seen it twenty times at the Old Bailey.
_Mr. Park._ It assists the recollection of the witness, which I say my
learned friends are not entitled to do.
_Lord Ellenborough._ When the witness has given a previous description
of the dress, it is very usual to ask wherein does it differ, or what
sort of a thing is it--they must first lay the foundation for the
production which I think they have done in this case.
_Mr. Bolland._ Had he a cap upon his head similar to that?
_A._ Yes he had.
_Q._ Had that gold lace on?
_A._ It had.
_Q._ You say the gentleman was walking up and down the room?
_A._ Yes.
_Q._ Did he say any thing in your presence?
_A._ I asked him what the news was.
_Lord Ellenborough._ How came you to ask that?
_A._ Because I had heard Mr. Marsh say he was a Messenger come over.
_Mr. Bolland._ Did he reply to that?
_A._ He told me that Messengers were sworn to secrecy, but that he had
got glorious news he had brought over to England, the best that ever was
known for this country.
_Q._ Had you any further conversation with him?
_A._ He rung the bell and called for a pen, ink and paper, to write a
letter to send off to the Admiral at Deal.
_Q._ Was that brought to him?
_A._ It was, and he was writing the letter some little time while I was
there, and I bid him good night after that.
_Q._ Did you take leave of him before he had finished the letter?
_A._ I did.
_Q._ Where were the candles during the time that he was writing the
letter?
_A._ On the table.
_Q._ Were they sufficiently near him to enable you to observe him?
_A._ Yes they were.
_Q._ Can you point out to the Court that person who wrote that letter on
that night?
_A._ Yes.
_Q._ Will you point him out?
_A._ Yes, that is the gentleman (_pointing to De Berenger_.)
_Q._ Have you any doubt upon your mind of that?
_A._ None in the least.
_Cross-examined by Mr. Richardson._
_Q._ You did not come over until you were called for by Mr. Marsh to
bring candles?
_A._ No I did not.
_Q._ You were immediately sent to order horses, were you not?
_A._ Yes, I went and called the ostler up.
_Q._ I think you state that you were absent some time in performing that
service?
_A._ Yes, I was some little time before I could wake the ostler.
_Q._ You left the candles in the passage with Mr. Marsh?
_A._ Yes.
_Q._ You handed
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