Sunderland;" he is shewn a
L.40 note, he says, "I received it from the waiter of the Bridge Inn, at
Sunderland; I had seen Mr. De Berenger at Sunderland, previous to that;
I gave the waiter six L.5 notes, and ten L.1 notes for it, of the Durham
Bank. Mr. De Berenger came shortly after to my house, to take his leave
of me: I am a druggist, and agent to the Durham Bank. From the 17th to
the 21st of March, I had known of his being at Sunderland; the waiter
had come requesting bank paper. I made an apology to Mr. De Berenger for
not sending him more bank paper in change, and he acknowledged having
received the whole of the notes I had sent from the waiter; he went by
the name of Major Burne."
Then, on cross-examination, he says, "I know that L.40. note, by the
copy I made of it in my waste-book"--he had not the waste-book here, but
he says, "I know it also _from my initials on the back_ of the note,
made a day or two afterwards, when it was fresh in my recollection. I
did not keep it distinct from my other notes, but I marked it between
the 31st of March and the 4th of April; but" (what is more material) "I
generally do not put my initials on bank notes, but I did on this; I had
no other L.40. note at the time, and have had no other since;" so that
that L.40. bank note is proved likewise.
Mr. Pattesall says, "I am a partner in the house of Bond & Co. I did not
pay that check of Mr. Fearn's, it was paid by Mr. Evans, a clerk of
ours." That person of the name of Evans never came, and was called on
his subpoena.
They then produced two Napoleons, found in the pocket-book of De
Berenger, and with that they closed the evidence on the part of the
prosecution.
On the part of the defendant, they first read the letters of Le
Marchant, which, as I have before observed, certainly reflect very much
upon himself.
They then call Lord Melville, who says, "I am acquainted with Sir
Alexander Cochrane; I recollect Sir Alexander more than once applying to
me, that Mr. De Berenger might be allowed to accompany him, and to
remain with him on the North American station, to which Sir Alexander
Cochrane was appointed; it was shortly before Sir Alexander sailed upon
the command; I think it was five or six months ago. Sir Alexander was
desirous that he should accompany him, for the purpose of instructing
either a corps to be raised in that part of the world, or the Royal
Marines, in the rifle exercise; and afterwards, when Sir Alexander
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