The Trial of Charles Random de Berenger, Sir Thomas Cochrane Part 7

_A._ There were.

_Q._ How were the lights placed with reference to him, and what was he doing?

_A._ There were two candles on the table, the gentleman was walking about, he had got a uniform dress on I perceived then.

_Q._ What was the colour of that dress?

_A._ Red, trimmed with gold lace, with a star upon his breast.

_Q._ Did you perceive any other ornament?

_A._ No I did not, to notice it.

_Q._ Did you make any remark upon the dress of his head?

_A._ He had got a cap on.

_Q._ Was it like that cap?

_A._ Something similar to that.

_Mr. Park._ Does your Lordship think they ought to be exhibiting these paraphernalia; it appears to me something like a novelty exhibiting such things in a Court of Justice till the proof has gone further?

_Lord Ellenborough._ The witness has said he had a cap on, and so on.

_Mr. Park._ If they had asked was it that cap I should not object to it if they were prepared to prove that was the cap, but they might send to Covent Garden wardrobe and fetch all these things?

_Mr. Gurney._ I undertake to prove by the person who made the dress for De Berenger, that these are fac similes of the articles of dress made for him.

_Mr. Park._ You stated that very expressly and very clearly.

_Lord Ellenborough._ Unless his recollection goes to their being such things, I think it would not go far; it is a thing that occurs every day, I have seen it twenty times at the Old Bailey.

_Mr. Park._ It a.s.sists the recollection of the witness, which I say my learned friends are not ent.i.tled to do.

_Lord Ellenborough._ When the witness has given a previous description of the dress, it is very usual to ask wherein does it differ, or what sort of a thing is it--they must first lay the foundation for the production which I think they have done in this case.

_Mr. Bolland._ Had he a cap upon his head similar to that?

_A._ Yes he had.

_Q._ Had that gold lace on?

_A._ It had.

_Q._ You say the gentleman was walking up and down the room?

_A._ Yes.

_Q._ Did he say any thing in your presence?

_A._ I asked him what the news was.

_Lord Ellenborough._ How came you to ask that?

_A._ Because I had heard Mr. Marsh say he was a Messenger come over.

_Mr. Bolland._ Did he reply to that?

_A._ He told me that Messengers were sworn to secrecy, but that he had got glorious news he had brought over to England, the best that ever was known for this country.

_Q._ Had you any further conversation with him?

_A._ He rung the bell and called for a pen, ink and paper, to write a letter to send off to the Admiral at Deal.

_Q._ Was that brought to him?

_A._ It was, and he was writing the letter some little time while I was there, and I bid him good night after that.

_Q._ Did you take leave of him before he had finished the letter?

_A._ I did.

_Q._ Where were the candles during the time that he was writing the letter?

_A._ On the table.

_Q._ Were they sufficiently near him to enable you to observe him?

_A._ Yes they were.

_Q._ Can you point out to the Court that person who wrote that letter on that night?

_A._ Yes.

_Q._ Will you point him out?

_A._ Yes, that is the gentleman (_pointing to De Berenger_.)

_Q._ Have you any doubt upon your mind of that?

_A._ None in the least.

_Cross-examined by Mr. Richardson._

_Q._ You did not come over until you were called for by Mr. Marsh to bring candles?

_A._ No I did not.