_Q._ Did you find him in possession of any writing desk?
_A._ Of this one. (_producing a portable desk_).
_Q._ Did that writing desk contain papers and bank notes?
_A._ Yes.
_Q._ Before you parted with any of those papers or bank notes did you mark them?
_A._ Yes I did.
_Q._ When did you mark them?
_A._ I marked them before the Grand Jury the day of the bill being found.
_Q._ Have they been in your possession from the day you marked them?
_A._ They have from the hour I took Mr. De Berenger.
_Q._ Were there any pieces of coin in the writing desk also?
_A._ There were guineas and half guineas, and in the pocket book there were two Napoleons. (_the witness opened the desk._)
_Q._ The bank notes are in parcels I believe?
_A._ Yes they are.
_Q._ Give me the packet with the 67.
_They were handed in._
_Mr. Gurney._ I believe it will be more clear if I do not open them now till I have proved them?
_A._ Here are two packets, and a pocket book containing a fifty pound note and four five pound notes, the Napoleons are in the pocket book.
_Q._ There is a memorandum book also and a paper of memorandums?
_A._ There are.
_The Witness delivered them in._
_Q._ There is a road book besides?
_A._ Yes there is.
_Mr. Park._ There are some papers of which I have heard no proof; there is a paper, in which it is stated there is some pencil mark, I have heard no proof of any pencil mark, or any writing; it is not evidence because it is in his pocket-book because one has many things in a pocket-book which are not in one"s hand-writing.
_Mr. Gurney._ This is the writing.
_Mr. Park._ I shall not look at it; I do not know his hand-writing.
_Mr. Gurney._ Mr. Jones, I will trouble you to read the first article in that memorandum-book.
_Mr. Park._ That cannot be done.
_Mr. Gurney._ It is found in his letter-case.
_Mr. Park._ I object till his hand-writing is proved; the finding a ma.n.u.script in my possession, is not sufficient to warrant its being read as evidence against me; your Lordship might confide some paper to me, and it would be very hard to read that against me.
_Lord Ellenborough._ It is _prima facie_ evidence I think, subject to any observations you make upon it.
_Mr. Park._ It is found in that thing, not in his pocket.
_Lord Ellenborough._ (_to Wood_) Was it under his lock?
_A._ It was in his possession when I took him.
_Mr. Park._ Am I to be answerable for all manner of things sent to me by my friends?
_Lord Ellenborough._ I think a paper found under the lock and key of the party, is _prima facie_, readable against him; it is subject to observations. If you do not go further, the reading this as found in his possession, is doing little.
_Mr. Gurney._ (_to Mr. Lavie_) Do you believe that to be Mr. De Berenger"s writing?
_A._ I have no doubt about it.
_Mr. Park._ Is it in pencil or ink?
_A._ In ink.
_Mr. Serjeant Best._ That cannot be evidence against the Cochranes.
_Lord Ellenborough._ No, if it was transmitted by him in writing to the others, it would be evidence against them; but it purports to be only a memorandum of his own.
_Mr. Gurney._ Certainly not, my Lord.
_The Extract was read as follows_:
"To C. I. by March 1st 1814, 350--4 to 5000--a.s.sign one share of patent and 1000 worth shares of Jn. De Beaufain at Messrs. H. to their care.--Believe from my informant 18,000 instead of 4800--suspicious that Mr. B. does not account correctly to him as well as me. Determined not to be duped. No restrictions as to secresy--requesting early answer."
_Mr. Gurney._ That is all I wish to read.
_Mr. Park._ I never heard a word of this.