f proper proof.

_Mr. Scarlett._ Do you know, whether, in the month of September in the
last year, Mr. De Berenger had made considerable progress in that plan?

_A._ He had; he had nearly completed it.

_Q._ He had not quite completed it?

_A._ No.

_Q._ Do you know whether, shortly before Mr. Cochrane Johnstone went to
Scotland in September, he made him any payment on account of that?

_A._ He did, through my medium.

_Q._ Besides the plan, had De Berenger prepared a prospectus, with a
full and minute description of the objects of the design?

_A._ He had.

_Q._ Had he got that printed?

_A._ He had; he made him one payment of L.100.

_Q._ Do you know that Mr. Johnstone had got a number of his prospectus,
to take with him to Scotland?

_A._ He had.

_Q._ In the month of September, last year?

_A._ Yes, early in October; the first or second of October, I think.

_Q._ Do you know of any payment made by Mr. Johnstone since that time,
upon account of that plan?

_A._ Yes; it was not made by me.

_Q._ Were you present when it was made?

_A._ No.

_Q._ I understood you to say, you knew that the payment was made?

_A._ By letters.

_Q._ Were the letters sent to you?

_A._ Yes.

_Q._ They passed through your hands?

_A._ Yes, they did.

_Lord Ellenborough._ The moment it gets into a letter, that moment the
parol statement ends.

_Mr. Scarlett._ Certainly, my Lord. Do you know whether any application
was made by Mr. De Berenger after the plan was completed, for payment?

_Mr. Gurney._ Were you present?

_Mr. Scarlett._ Or did you convey any draft?

_A._ Yes, I conveyed a letter, and I spoke several times.

_Q._ To Mr. Johnstone.

_A._ Yes, upon the subject of the paying him for the plans.

_Q._ Without at present alluding to any letter, do you know what was the
price that De Berenger asked for the remainder of the plans?

_A._ No price, I believe, was ever stipulated; no price was ever fixed
till February last. Mr. Johnstone and myself had repeated conversations
on the subject of the price of the plans, and as to the remaining sum
that he should pay him.

_Q._ You made repeated applications to Mr. Johnstone to pay him?

_A._ I did, always in a delicate way, not saying, that Mr. Berenger
required so much; but he requested I would take a mode of giving a hint
to Mr. Johnstone, as to the payment; a hint he was always ready to take.

_Q._ Have you any means of knowing what was the mon