Part 150

A. Yes, it is the same sort of writing.

Mr. Serjeant Best. I submit to your Lordship, still I am not removed from my objection. There is first a check of L.98. 2s. 6d.; then an attempt is made to trace L.50. of that into the hands of Mr. De Berenger; the way in which that is attempted is, that a person says he gave change for that note of L.50.;--beyond that, they have produced a pencil memorandum, proved to be in the writing of Mr. De Berenger, at least there is some evidence of that; that pencil memorandum is merely this, not that a particular bank note; not that the note which came into the hand of the witness, and for which he gave change, but that a bank note of L.50. was paid to W. S. It does not appear that it was that bank note, and this, I submit, is no evidence in a criminal case.

Mr. Gurney. I submit to your Lordship it is evidence, valeat quantum, it does not prove that Smith received that bank note from De Berenger, but that it came from De Berenger's servant; I shall give no other evidence to bring it home to De Berenger, and I submit that it is admissible evidence, as that which is proved to come so near as the child, the wife, or the servant.

Lord Ellenborough. I think it is not evidence; it does not get the length of William Smith; but even if it were to be taken to refer to William Smith, it does not connect it with this bank note, or any other means of payment. I cannot translate "W. S." into "William Smith my servant," and "L.50." into "this L.50. bank note." You do not call William Smith.

Mr. Gurney. No, certainly not, my Lord,--I shall leave that to my learned friends.

Mr. Benjamin Bray sworn;

Examined by Mr. Gurney.

Q. Where do you live?

A. At Sunderland.

Q. Will you look at this L.40. note, [shewing the witness the note just produced,] did you receive that L.40. note from any one?

A. From the waiter of the Bridge Inn at Sunderland.

Q. Did you see Mr. De Berenger about the time of the receipt of it?

A. I had seen him often prior to that.

Q. At Sunderland?

A. Yes.

Q. A waiter brought it to you?

A. Yes, with Major Burne's compliments.

Q. He brought you some message with it?

A. Yes, I gave him six L.5. notes for it, and ten L.1. notes.

Q. Bank of England notes?

A. No, of the Durham Bank.

Q. Did any thing pass between you and Mr. De Berenger afterwards, on the subject of that note?

A. The waiter returned in a few minutes afterwards.

Q. Did any thing pass afterwards between you and Mr. De Berenger, on the subject of that note?

A. Yes, he came shortly afterwards to take his leave of me.

Lord Ellenborough. Where did he come to?

A. To my house.

Q. What shop do you keep?