you hear him order a pen, ink, and paper?

_A._ No, I did not.

_Q._ Did he, in your presence, say any thing as to whom he was writing
to?

_A._ No, I could hear him talk, but not to understand him.

_Q._ That was owing to your deafness?

_A._ Yes.

_Q._ Did he keep his cap on the whole time you were there, or did he
take it off?

_A._ His cap was on while I was there.

_Q._ From the observation you made upon his person, can you point out
who that person was whom you saw on that night; have you seen him? look
round and see whether you see him here to-day.

(_The witness looked round the Court for some time._)

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

_Q._ Have you any doubt upon your mind about it.

_A._ No.

_Cross-examined by Mr. Park._

_Q._ Had you ever seen him before that night?

_A._ No.

_Q._ Have you ever seen him since?

_A._ No.

_Q._ How long did you see him?

_A._ I did not minute the time.

_Q._ Upon the whole, how many minutes do you think you can now say you
saw him that night?

_A._ I might see him perhaps five or six minutes, or more. I was in the
room twice.

_Q._ Were you there before Mr. Gourley, or after him?

_A._ I was in the room with him.

_Q._ Did you go over before Mr. Gourley, or after him?

_A._ After him--I followed him.

_Q._ Immediately?

_A._ Yes.

_Q._ Did you come away as soon as he did, or did you remain there after
him?

_A._ I did not take particular notice of that; the door was open, and we
went in and out as we liked.

_Q._ Will you tell us whether the word you used before was, that he had
a flat cap, or a flap cap--had it not a flap to it?

_A._ It was a cap rather slouched down, no brim to it.

_Q._ How could it slouch down, if it had no brim to it? I do not
understand that; if it had merely a crown to it that would go round the
head, it would not slouch down.

_A._ It was drawn over his forehead.

_Q._ The round part of it was drawn down over his forehead?

_A._ Yes.

_Q._ Where have you been all the time that gentleman has been speaking?

_A._ What gentleman?

_Q._ Were you out of Court?

_A._ No, I was not out of Court.

_Q._ You have been behind?

_A._ Yes.

_Q._ Have you been in view of his Lordship all the time?

_A._ No.

_Q._ When did you come into Court; did you come in when Mr. Gourley was
examining, or when Marsh, the former witness, was examining?

_A._ No, I was out of C