Part 153

A. I am.

Q. Look at that check of Mr. Fearn's, did you pay that?

A. I did not.

Q. Who did pay it?

A. Mr. Evans, a clerk of ours.

Q. Is Mr. Evans here?

A. Upon my word I cannot tell.

Mr. Gurney. He has been expressly desired to be in attendance.

Lord Ellenborough. Then call him upon his subpoena if he does not appear.

Mr. Gurney. Just look and see whether the entry is Evans's hand-writing.

A. It is Evans's hand-writing.

Thomas Evans was called on his subpoena, and did not appear.

Lord Ellenborough. This entry then will be of no use to you.

Mr. Gurney. No, my Lord; it was mentioned that there were two Napoleons in the letter case: Mr. Wood has those two Napoleons to produce.

Mr. Gurney. This, my Lord, is the evidence on the part of the prosecution.

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Mr. Serjeant Best. I wish to apprize your Lordship that I think it will be necessary for the defendants to call witnesses.

Lord Ellenborough. I should wish to hear your opening, and to get into the defendants case, if I can; there are several gentlemen attending as witnesses, who, I find cannot, without the greatest public inconvenience, attend to-morrow.

Mr. Park.. The difficulty we feel, I am sure your Lordship will feel as strongly as we do the fatigue, owing to the length of our attendance here; but we will proceed if your Lordship desires it.

Lord Ellenborough. I would wish to get into the case, so as to have the examination of several witnesses, upon whom the public business of certain offices depend, gone through, if possible.

Mr. Park. I have undergone very great fatigue, which I am able to bear; but I would submit to your Lordship the hardship upon parties who are charged with so very serious an offence as this, if their case is heard at this late hour; and then a fresh day is given to my learned friend to reply.

Lord Ellenborough. It will not be a fresh day when you will be here by nine o'clock, and the sun will be up almost before we can adjourn; I will sit through it if you require it, rather than that.

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Mr. Alley. On the part of M'Rae, I shall not trouble your Lordship with any witnesses or observations.

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MR. SERJEANT BEST.

May it please your Lordship,

Gentlemen of the Jury,