s, becomes in a degree familiar with
the modes of behaviour which such persons adopt. From something in the
manner of one of the witnesses, which suggested to me that such a
question might not be improperly addressed to him, I asked him, whether
he had not been used to be bail? (thinking that he might possibly be one
of those hired bail, who are the disgrace of our courts of justice).
What does he answer? why, he had been bail once, and then he had been
bail another time, and the amount he did not know; and I think he said
he did not know whether he had not been bail oftener; a man who is in
the habit of being bail, must swear to the amount, and he must swear he
is an housekeeper; and this man had no house over his head of his own,
but was living in the house of another; I thought, too, the man might
have failed, and been obliged to quit his house on that account; and it
so appears, that he was undone in his circumstances, and that he was a
man occasionally presenting himself to swear to his possession of
property, warranting his becoming bail for others. Then what becomes of
Donithorne; he is an inferior cabinet-maker, employed by Mr. Cochrane
Johnstone, and has brought a great number of penal actions for him; at
every turn of the case, he doubles in upon us, and you will presently
have to say, whether he and others, and which others, are not affected
by this case.
Gentlemen, the evidence begins with that of John Marsh, who keeps the
packet-boat public house at Dover, he says, "Upon that 21st of February,
I heard a knocking at Mr. Wright's fore door of the Ship Inn, between
one and a quarter after one o'clock; I went out upon hearing that, and,
on going out, I found a gentleman there, who had on a grey great coat,
and an uniform coat under it. I called for a person at my house to bring
two lights across; when I had the two lights, the gentleman had got
into the passage; he had a star on his red coat, under the great coat;
it is similar to this star." Now, it is said these persons saw him in
the dark, but candles were brought over, and you may see a man's
countenance by the light of two candles placed near him, almost as well
as you could in the day-light we have at present; it would certainly be
sufficient for the purposes of observation; if it were not so, half at
least of the injuries done at night would be very imperfectly proved, if
proved at all. He says, "I do not recollect that he had any other
ornament; he was
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