Part 180

Q. Captain De Berenger was adjutant of that regiment, was he not?

A. He was a non-commissioned officer, acting adjutant.

Q. How long have you known Mr. De Berenger?

A. Ever since a few days after I was elected to command that corps; that was in the beginning of the year 1811; I cannot fix the day, very early in that year I know it was.

Q. Has your Lordship had opportunities of seeing Mr. De Berenger write, or of receiving letters from him, and of acting upon those letters from him.

A. I have received a great many letters from him, and have seen him write occasionally.

Q. And you have seen him, probably, on the subject of the contents of those letters?

A. Very frequently; two or three times I have seen him alter the regimental orders, and have received very many letters from him.

Q. Are you, from that opportunity that you have described, in a capacity to state to his Lordship and the jury, whether you are acquainted with his character of hand-writing?

A. As well as I am with that of any other gentleman with whom I have been in the habit of correspondence.

Q. Then, not knowing what your Lordship's answer may be, I will trouble your Lordship to look at that.--[The letter sent to Admiral Foley was handed to his Lordship.]

A. I will read it through, if you please.--[His lordship read the letter.]

Q. Supposing you had heard none of the circumstances which this trial has brought to every body's ears, and of which your Lordship has heard so much yesterday; from the character of the hand-writing of Mr. De Berenger, should you have believed it to be his hand-writing?

A. Certainly not.

Q. Your lordship, I believe, knows that in the month of July, this gentleman was very urgent and solicitous to go out as a sharp-shooter to America, with Sir Alexander and afterwards with Lord Cochrane?

A. He mentioned to me one day, when he came to me on the business of the corps----

Q. Was that in January?

A. I think so; but I cannot swear to the date; he mentioned to me, that he had very nearly arranged to go out, to drill the crew and the marines on board of the Tonnant. I thought he mentioned it in a way to suggest, that he wished some little additional influence, and I got rid of the thing.

Cross-examined by Mr. Gurney.

Q. The writing of that is larger than Mr. De Berenger usually writes?

A. Certainly, it is longer.

Q. The character of the letters is longer?

A. Oh, certainly; it is a very round small hand he generally writes, and a very pretty hand.

Q. Will your lordship look at that letter, and tell me, whether you received that letter at or about the time that it bears date? (shewing a letter to his lordship.)

A. Yes; either the day it bears date, or the day immediately after it.

Mr. Gurney. I request Mr. Law will mark that letter; the date of it is March the 19th?

A. I believe I marked the cover.

Q. Will your lordship have the goodness to look at the hand-writing in that road book (shewing it to his lordship); that I believe is larger than Mr. De Berenger's usual writing, is it not?