Part 18

Q. From the observation you made upon his person, can you point out who that person was whom you saw on that night; have you seen him? look round and see whether you see him here to-day.

(The witness looked round the Court for some time.)

A. That is the gentleman (pointing to De Berenger.)

Q. Have you any doubt upon your mind about it.

A. No.

Cross-examined by Mr. Park.

Q. Had you ever seen him before that night?

A. No.

Q. Have you ever seen him since?

A. No.

Q. How long did you see him?

A. I did not minute the time.

Q. Upon the whole, how many minutes do you think you can now say you saw him that night?

A. I might see him perhaps five or six minutes, or more. I was in the room twice.

Q. Were you there before Mr. Gourley, or after him?

A. I was in the room with him.

Q. Did you go over before Mr. Gourley, or after him?

A. After him--I followed him.

Q. Immediately?

A. Yes.

Q. Did you come away as soon as he did, or did you remain there after him?

A. I did not take particular notice of that; the door was open, and we went in and out as we liked.

Q. Will you tell us whether the word you used before was, that he had a flat cap, or a flap cap--had it not a flap to it?

A. It was a cap rather slouched down, no brim to it.

Q. How could it slouch down, if it had no brim to it? I do not understand that; if it had merely a crown to it that would go round the head, it would not slouch down.

A. It was drawn over his forehead.

Q. The round part of it was drawn down over his forehead?

A. Yes.