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
|