Part 12

Q. Did you do so?

A. I did.

Q. Did you return back again?

A. After some considerable time--I was sometime in getting the ostler up.

Q. Where did you find the stranger on your return?

A. I found him in the parlour.

Q. Were there any lights in the room?

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 assists the recollection of the witness, which I say my learned friends are not entitled 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.