to disturb the company; I had seen him repeatedly
before."

Then upon cross examination, he says, "I was not struck with any
alteration in his appearance that night; he had no whiskers on that
night; I do not know whether he had ever worn whiskers before; he had a
black coat on that day; he had his hat on. It was between eight and nine
when they took a walk in the garden. I cannot say whether his hair was
powdered; they went out to take a survey of the premises in the morning.
I have seen Mr. Donithorne and Mr. Tahourdin together one day last week.
I will swear, that I did not know they were acquainted together before
that time; I never was sent for to become a witness upon this occasion;
I went myself; Tahourdin did not send for me; I went to Tahourdin I
think one day last week. I did not know that I was to be a witness till
last week, or that it was material I should recollect the 20th of
February. I let my house on the 17th of February to Samuel Nicholson;
and on the Sunday morning following Mr. Donithorne came to my room, and
told me a gentleman was come to look over the house, and if I would get
up he should be obliged to me. I have seen Smith, the servant." He then
says, "I have been bail twice, once for fifteen pounds, that I believe
is settled; I have been bail again, but I do not quite know whether that
has been settled, nor the amount. I don't recollect if I have been bail
oftener."

Then Mrs. Tragear, the wife of the last witness, is called; she says, "I
know the defendant De Berenger; I have seen him often. I and my husband
went to stay at Donithorne's when we gave up our house; the day we gave
up our house was the 17th of February. Mr. De Berenger called at
Donithorne's on Sunday the 20th, between nine and ten in the morning; we
were not up then. Mr. Donithorne was in the cabinet business. He came up
and said, he was anxious we should get up, as a gentleman was come to
look over the house. When I got up, I threw down the sash, and saw Mr.
De Berenger; he was measuring the ground in the garden. I am sure it was
he; I saw him again in the evening between eight and nine; we were in
the parlour along with Mr. and Mrs. Donithorne; asked him to come in;
and he said he would not disturb the company; he wanted to speak with
Mr. Donithorne; they walked backwards into the garden, and I saw him no
more."

Then, on cross-examination, she says, "my husband is deaf at times; Mrs.
Donithorne came to call us; Mr. De Ber