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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 w
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