is undoubted identification of
person, is almost peculiar to this case; I never saw a case in which so
many persons turned into the court at large, recollected a man at once,
and with so much certainty.
Upon his cross-examination, he says, "I never saw the gentlemen before
nor since till to-day; he wore a large cockade, very dirty, as if it had
been worn a long time;" then he produced the Napoleon; and he says,
"upon looking at him, I am sure he is the same person."
James Overy, who was the postillion, says, "I took up a person at my
master's house at Rochester, on a Monday; I do not remember the day of
the month. I drove him to Dartford, to the Granby; he had on a grey
mixture coat; a red coat like an aid-de-camp, adorned with a star, very
full indeed, something about his neck hanging down, and a cap, and a bit
of white ribbon about the cap, such as officers wear, with a gold lace
band round it. When I came to Dartford, it was ten minutes before seven;
it was day-light two miles before we came to Dartford. I am not sure I
should know the person again; he gave me two Napoleons, and he paid me
five L.1. notes, and a shilling for mine and the Dartford horses, and
the turnpikes; he gave us a Napoleon a-piece. Thomas Shilling and Broad
took him from Dartford."
On cross-examination, he says, "the cap was such a cap as officers wear
in a morning, slouched down, I think the top of the cap a little turned
down; I did not observe the colour."
William Tozer, the next witness, says, "I keep the Crown and Anchor at
Dartford; I remember Jem Overy bringing a fare to a house in our town on
a Monday about the 21st of February, and the person I took notice of was
sitting in the chaise. I made my obedience to the gentleman in the
chaise, hoping that he had brought us good news; he said he had, and
that it was all over; that the allies had actually entered Paris; that
Bonaparte was dead, destroyed by the cossacks, and literally torn to
pieces." Here again is the same account in effect which is contained in
the letter to Deal, given by word of mouth, "and that we might expect a
speedy peace. During the conversation, I saw him give Overy two gold
pieces, which afterwards proved to be French pieces; I had them in my
hand. I saw enough of the person in the chaise, to be positive I should
know him if I saw him again." This was the witness, who looking round,
did not find the Defendant; to be sure, the Counsel might have asked him
wheth
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