The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 101

_Q._ When did you first see that receipt?

_A._ In three or four days afterwards, when Mr. Johnstone called upon me; Mr. De Berenger and I were not at that time upon favourable terms; that will account for my not having delivered it over to him.

[_It was read, as follows._]

"London, February the 26th, 1814.

"Received of the Honble A. Cochrane Johnstone, the sum of two hundred pounds, being the balance of some drawings, plans and prospecti, delivered.

"_C. R. De Berenger._"

----------- .200 -- -- -----------

_Mr. Scarlett._ I observe, that in that correspondence there is mention made, besides the payment of .250 of a loan of .200?

_A._ Yes.

_Q._ Were you present at the pa.s.sing of any money?

_A._ No, I was not.

_Q._ When did you first see that paper? (_handing one to the witness._)

_A._ I saw it at the same time with the last receipt for .200.

_Q._ What is it?

_A._ A note of hand for .200.

_Q._ You saw that two or three days after it bears date?

_A._ Yes, I did.

[_It was read as follows._]

.200 -- -- ----------- "London, February the 26th, 1814.

"Six Months after date, I promise to pay to the Honble A.

Cochrane Johnstone, the sum of two hundred pounds.

"_C. R. De Berenger._"

Payable at Gabl Tahourdin, Esq.

No 8, King's Bench Walk, Temple.

_Mr. Scarlett._ With respect to those letters you received from Mr.

Johnstone, do they contain your indors.e.m.e.nt upon the back of them?

_A._ I think they do.

_Q._ Is that your handwriting upon the back of that letter? (_shewing it to the witness._)

_A._ It is.

_Q._ Was it written by you at the time you received it?

_A._ Yes.

_Lord Ellenborough._ What letter is that?

_A._ The letter of the Baron to Mr. Johnstone, of the 22d of February.

_Lord Ellenborough._ You wrote it on the same day?

_A._ I cannot say on the same day, but within a few days; when I doubled up the papers that lay on the table, with other doc.u.ments.

_Mr. Scarlett._ Is it your habit, when you lay letters by, to endorse the date.

_A._ Yes, uniformly; but not on the day of receiving them; I let them lie till they acc.u.mulate unpleasantly.

_Lord Ellenborough._ If a man sends you letters enclosed from other persons, do you indorse the letters sent to you inclosed; that is no part of the correspondence with you?

_A._ No, it is not.

_Q._ Then I should apprehend, you would not usually do it?

_A._ I have done it differently; I have said "De Berenger to Johnstone."

_Q._ But you give it a date?

_A._ I have dated it above those words, as usual.

_Q._ When you receive a letter, you authenticate the period of receiving it, but not the date of a letter received by another.

_A._ I generally do; I enclose it in the letter to which it refers.

_Mr. Scarlett._ Was it so done in this instance?

_A._ It was.

_Lord Ellenborough._ Have you any letter-book?