The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 39

_Q._ What is your general hour of rising in the morning?

_A._ Between seven and eight.

_Q._ Mr. De Berenger's time of trumpeting is not so early as that I suppose?

_A._ I have heard him at nine o'clock.

_Q._ He did not alarm the neighbourhood at seven o'clock?

_A._ No, I have heard him by eight or nine.

_Q._ Not so soon as that I should think in the month of February, not being very warm weather at that time?

_A._ I cannot speak to the time.

_Q._ If a person went out at eight o'clock that morning, you had no particular reason to know of it?

_A._ No.

_Q._ You had no call to look after him on the Sunday, or Monday, or Tuesday morning?

_A._ No.

_Q._ And whether he slept at home or did not, you cannot take upon yourself to say?

_A._ No.

_Re-examined by Mr. Gurney._

_Q._ My learned Friend has asked you as to your husband observing upon Mr. De Berenger's going out on the Sunday morning: in what words did your husband make the remark as to Mr. De Berenger's going out?

_A._ He called out, our lodger is gone out with a new great coat on.

_Mr. Germain Lavie again called._

_Examined by Mr. Gurney._

_Q._ Who was the Gentleman that Mrs. Davidson pointed out to you?

_Mr. Serjeant Best._ I object to that, that is a leading question.

_Mr. Gurney_. I beg pardon.--Did the last witness point out any person to you at the Crown-Office, at the time of striking the Jury?

_A._ Before she came into the Crown-Office she saw Mr. Cochrane Johnstone getting out of a Hackney coach at the Crown-Office door--she then told me----

_Q._ Did she point out any person to you as having seen him before?

_A._ No, she did not then.

_Q._ Did she afterwards fix upon any person as having seen him?

_A._ No she did not, unless I can speak to what pa.s.sed before.

_Q._ Did she mention having seen any person get out of a Hackney Coach?

_A._ Yes.

_Q._ Who was that person that she observed upon?

_A._ The person she pointed out to me as having seen get out of a Hackney coach was Mr. Cochrane Johnstone--she staid the whole time of the striking of the Jury, he struck the Jury himself.

_Lord Ellenborough._ Then the whole of it is, that the person who was striking the Jury, was Mr. Cochrane Johnstone?

_A._ Yes.

_Mr. Gurney. (to Mrs. Davidson)._ Was that person the person that you believe brought the Letter?

_Q._ I cannot be positive to his person.

_Q._ Do you believe that to be the person?

_A._ I think it was.

_Mrs. Abigail Davidson._

_Cross-examined by Mr. Serjeant Best._

_Q._ How came you to go for the purpose of striking the Jury.

_A._ A person from Mr. Lavie came and fetched me for the purpose.

_Q._ To attend to a.s.sist in striking the Jury?

_A._ No, to see Mr. Johnstone.

_Q._ You were told Mr. Johnstone was to be there?

_A._ Yes.

_Q._ And going there you saw a person taking a part with respect to the striking of the Jury?

_A._ I saw a Gentleman get out of the coach as I was standing in the pa.s.sage, I saw a Gentleman come across, that I thought was the person, but I could not be positive.

_Q._ Can you take upon yourself to swear now, that was the person?