Part 130

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 manuscript 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, L350--L4 to 5000--assign one share of patent and L1000 worth shares of Jn. De Beaufain at Messrs. H. to their care.--Believe from my informant L18,000 instead of L4800--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.