The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 120

_Q._ Then you were seen by the attorney, and examined about this matter?

_A._ Yes.

_Q._ Was any body so particular as to ask you how this gentleman was dressed, when you saw him on this Sunday?

_A._ No.

_Q._ Now I am so particular; will you tell me how he was dressed?

_A._ He had a black coat, and black waistcoat, and grey pantaloons or overalls, but I will not say which.

_Q._ You have seen your old acquaintances, the two Smiths, here this morning?

_A._ I have seen one of them this morning.

_Q._ Which was that?

_A._ William, the servant.

_Q._ Had you any conversation with him about the dress on this Sunday?

_A._ No.

_Q._ You know Mr. De Berenger very well?

_A._ Yes.

_Q._ Did he wear whiskers on that Sunday?

_A._ No, he was close shaved upon that Sunday, I am certain.

_Re-examined by Mr. Richardson._

_Q._ When you saw Mr. Smith, on the 6th of March, what question did you ask him?

_A._ I asked him, whether his master was out of the Rules of the Bench?

that I had seen him on the Sunday fortnight, that he called at our yard, to know if the coach was gone; that I told him, the six o'clock coach was gone, but the seven o'clock coach would go in three quarters of an hour.

_Q._ You related the circ.u.mstance that had pa.s.sed on the 20th of February, and then asked him, whether his master was out of the Rules of the King's Bench?

_A._ Yes.

_Q._ What did he answer?

_A._ That his master was not out of the Rules, and that if he was at Chelsea, it was more than he knew of.

_Lord Ellenborough._ You were struck with seeing him out of the Rules?

_A._ Yes.

_Q._ You thought it a very wrong thing of him?

_A._ Yes.

_Q._ And being shocked at it, you had a mind to enquire of his servant, whether he was within the Rules?

_A._ Yes.

_Q._ You did not say to him, Good G.o.d, Sir, how is it you are out of the Rules on this Sunday?

_A._ He did not stop to have any conversation.

_Q._ If he had stopped long enough, you would have told him so?

_A._ I do not know that I would.

_Q._ Where was he coming from, at a quarter past six?

_A._ He came up from the water-side; I cannot tell which way he came to the stable-yard gateway.

_Q._ And he seemed in a hurry to get home?

_A._ He did.

_Q._ How far is it from Asylum Place to Chelsea?

_A._ It is two miles from the bottom of our street to Buckingham-gate, and it is a mile from that to the middle arch of Westminster-bridge; I cannot tell how far it is from that to the Asylum.

_Q._ You did not see where he came from?

_A._ No.

_Q._ But he was in a hurry to get home?

_A._ Yes.

_Mr. Park._ It is three miles and a half, or four miles, my Lord.

_A Juryman._ Was it day-light or dark, when you saw him?

_A._ It was between the two lights; it was not very clear at that time.

_Mr. Park._ I will call this woman, and will put a question to her; I had not intended it, conceiving that what he said to his wife, could not be evidence.

_Lord Ellenborough._ You will call her, or not, as you see fit; I do not desire to have more persons called than is necessary.

_Mr. Park._ I must call her, as your Lords.h.i.+p has asked the question, what he told her?