Part 149

A. This is the note.

Mr. John Seeks sworn;

Examined by Mr. Gurney.

Q. Look at that cancelled bank note for L.50. did you receive that bank note in payment from any person?

A. I gave change for it.

Q. On what day?

A. I cannot exactly recollect.

Q. About when; have you any minute on the back of it?

A. Here are some letters here that I know it by.

Q. To whom did you give change for it?

A. Mr. De Berenger's servant, Smith.

Q. The day you cannot exactly fix?

A. I cannot.

Mr. Serjeant Best. I submit to your Lordship, that is no evidence, until they call Smith.

Mr. Gurney. On referring to Mr. De Berenger's memorandum book, I find "W. S. L.50." which I consider as connecting itself with this.

Mr. Park. That book is not proved.

Mr. Gurney. It is proved by being found in the trunk.

Mr. Park. I object to that book being read; that is not the book which was before proved; as to that, Mr. Lavie gave some evidence of the hand-writing before the entry was read.

Mr. Germain Lavie called again;

Examined by Mr. Gurney.

Q. Do you believe that to be the hand-writing of Mr. De Berenger?

A. Yes I do, most certainly.

Cross-examined by Mr. Park.

Q. I observe this is pencil writing you have been speaking to; did you ever see any writing of this person in pencil before?

A. No, never.

Q. There is no difference in a man's writing with a pencil and with a pen?

A. I conceive that to be written by Mr. De Berenger.

Q. It is exactly like the character of that letter which has been given in evidence upon your testimony?