_Lord Ellenborough._ It is almost unnecessary to ask you, whether the members of your corps wear any decorations; a star or a cross?
_A._ When in uniform, some wear medals that they have gained as prizes given by the corps; they occasionally wear them hanging by a ribband.
_Q._ You wear no such decorations as this? (_shewing the star to his lordship._)
_A._ No, certainly not.
_Q._ Supposing a gentleman appeared before you in an aid-de-camp"s uniform, with that star upon his breast, and that other ornament appendant, should you consider that was a man exhibiting himself in the dress of your sharp-shooting corps?
_A._ Certainly not.
_Q._ If a sharp-shooter belonging to your corps presented himself to you in that dress, you would think it a very impertinent thing?
_A._ Certainly.
_Mr. Serjeant Best._ As Lord Yarmouth has been called by the defendant, De Berenger, and has given evidence which may affect Lord Cochrane, we conceive, we submit we have a right to make an observation upon it.
_A Juryman._ If Colonel De Berenger had appeared before your lordship in the uniform of his corps, would it have been any thing extraordinary?
_A._ Nothing extraordinary; it would have been more military that he should do so, though I never exacted it.
_Captain Sir John Poo Beresford, sworn._
_Examined by Mr. Richardson._
_Q._ Are you acquainted with Mr. De Berenger?
_A._ I have seen him twice in my life before yesterday.
_Q._ Have you had any occasion to see him write, or to be acquainted with the character of his hand-writing?
_A._ Never.
_Q._ Do you know at any time in the early part of this year, or the latter end of the last, of any applications he was making to go to America as a sharp-shooter?
_A._ I will tell you the part I took in reference to that business. In the beginning of February, I paid my ship off; after that, I met Mr.
Cochrane Johnstone in town, who told me Sir Alexander Cochrane was very anxious he should go out in the Tonnant, to teach the marines the rifle-exercise. I went to the Horse Guards to ask whether anything could be done; I was told it would be useless to apply to the Duke of York; and I told Mr. Cochrane Johnstone of it the day after. I was dressing before breakfast, and Mr. De Berenger sent up to say, that he was very much obliged to me for the part I had taken.
_Q._ At what time was this?
_A._ I think, the beginning of February; but before Sir Alexander Cochrane sailed, I met him at Mr. Cochrane Johnstone"s, with Admiral Hope and some ladies; I think that was in January, or the latter end of December; there were, I think, fourteen of us, some of them ladies. This application was after he had sailed. When I went to Mr. Cochrane Johnstone"s, I was to have met Sir Alexander Cochrane, but he went to dine somewhere else, and my Lord Cochrane came in after dinner; he did not dine there, but a great many of the family did.
_James Stokes sworn._
_Examined by Mr. Park._
_Q._ I understand you are a clerk of Mr. Tahourdin, the attorney.
_A._ Yes.
_Q._ How long have you been so?
_A._ Between three and four years.
_Q._ Have you, in the course of those three or four years, had frequent opportunities of seeing the hand-writing of Mr. De Berenger?
_A._ Daily.
_Q._ He has been a client of your master, and has been a.s.sisted very much by him?
_A._ Yes.
_Q._ Have you seen him write, as well as seeing letters purporting to come from him?
_A._ A great deal.
_Q._ Be so good as to look at that paper (_the Dover letter_), and tell his lordship and the jury, whether in your judgment and belief, that is the hand-writing of Mr. De Berenger?
_A._ Certainly not.
_Q._ Look at that, and say whether you think it is a feigned hand, but still the hand-writing of De Berenger?
_A._ It certainly is not.
_Q._ Of course, a man can only speak to belief and judgment when he does not see a thing written; do you believe, from your knowledge of his hand-writing, that that is his writing, either feigned or real?
_A._ Not a word of it.
_Lord Ellenborough._ Look at the letter R in the signature?
_A._ It is not like it at all.
_Mr. Park._ I mean the large R.
_A._ The capital R is nothing like it.
_Mr. Park._ It is a singular R certainly, it looks as if it had been intended for a P and made into an R.
_Lord Ellenborough._ It is not at all like that R, is it? [_shewing another letter to the witness._]
_A._ No, I do not think it is any thing like that.
_William Smith sworn._
_Examined by Mr. Richardson._