The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 105

_A._ As well as I am with that of any other gentleman with whom I have been in the habit of correspondence.

_Q._ Then, not knowing what your Lordship's answer may be, I will trouble your Lordship to look at that.--[_The letter sent to Admiral Foley was handed to his Lordship._]

_A._ I will read it through, if you please.--[_His lordship read the letter._]

_Q._ Supposing you had heard none of the circ.u.mstances which this trial has brought to every body's ears, and of which your Lordship has heard so much yesterday; from the character of the hand-writing of Mr. De Berenger, should you have believed it to be his hand-writing?

_A._ Certainly not.

_Q._ Your lordship, I believe, knows that in the month of July, this gentleman was very urgent and solicitous to go out as a sharp-shooter to America, with Sir Alexander and afterwards with Lord Cochrane?

_A._ He mentioned to me one day, when he came to me on the business of the corps----

_Q._ Was that in January?

_A._ I think so; but I cannot swear to the date; he mentioned to me, that he had very nearly arranged to go out, to drill the crew and the marines on board of the Tonnant. I thought he mentioned it in a way to suggest, that he wished some little additional influence, and I got rid of the thing.

_Cross-examined by Mr. Gurney._

_Q._ The writing of that is larger than Mr. De Berenger usually writes?

_A._ Certainly, it is longer.

_Q._ The character of the letters is longer?

_A._ Oh, certainly; it is a very round small hand he generally writes, and a very pretty hand.

_Q._ Will your lordship look at that letter, and tell me, whether you received that letter at or about the time that it bears date? (_shewing a letter to his lordship._)

_A._ Yes; either the day it bears date, or the day immediately after it.

_Mr. Gurney._ I request Mr. Law will mark that letter; the date of it is March the 19th?

_A._ I believe I marked the cover.

_Q._ Will your lordship have the goodness to look at the hand-writing in that road book (_shewing it to his lordship_); that I believe is larger than Mr. De Berenger's usual writing, is it not?

_A._ I think it is; some part certainly does not look larger; it is less round--it is more angular.

_Q._ Does your lordship or not, believe that to be Mr. De Berenger's hand-writing?

_A._ I am not sufficiently conversant with hand-writing, to wish to swear to an opinion either way.

_Re-examined by Mr. Park._

_Q._ That is in pencil?

_A._ Yes.

_Q._ With respect to the letter in question, although it is of a larger description than Mr. De Berenger's usual writing, does it appear to your lordship to be at all a feigned hand, as disguising the real hand?

_A._ Another question to which I am not competent to give an answer; if I was to look through the letter--there is one letter which creates a suspicion, but I should never have suspected it on a cursory view of the letter; it is the letter R before Du Bourg, but that I should have never looked at or suspected; that looks more like his hand-writing than any other part; it looks like the way in which he makes the R of Random.

_Q._ Does your lordship mean the large capital R, or the little r?

_A._ The large capital R is the only letter I can see that looks in the least like his hand.

_Q._ Your judgment upon that letter, upon the whole inspection of it, is, that it is not his hand-writing?

_A._ I should never suspect it, except from that letter.

_Lord Ellenborough._ It is a larger character?

_A._ Yes, it is a fuller character.

_Q._ It is a stiffer character, and more upright?

_A._ It is less upright, I think, than his; it is more angular and longer.

_Lord Ellenborough._ That is his usual writing, is it not? (_shewing another letter to the witness._)

_A._ Oh, yes; certainly, I am perfectly familiar with that.

_Lord Ellenborough._ You are certainly borne out in your observation upon the letter; look at that letter R again?

_A._ It struck me on reading the letter.

_Q._ In what manner an artificial letter may be written, so as to disable a person from saying whether it is the hand-writing of a certain person, you cannot say?

_A._ I am perfectly incompetent, as I informed your lordship and the jury before, to give any judgment upon that.

_Q._ What is the uniform of your corps?

_A._ The uniform is, the waistcoat green, with a crimson cape.

_Q._ A bottle green, is it not?

_A._ Some have got it a little darker than others, but it should be a deep bottle-green with a crimson collar; the great coat is a waistcoat with black fur round it, consequently no crimson collar.

_Q._ The body in your uniform is not red?

_A._ It is deep bottle green.

_A Juryman._ A jacket or coat?

_A._ It is a waistcoat, very like the light-horse uniform.