Part 33

A. That appears to me to be the same sort of hand.

Mr. Park. I will mark this B. They are very much alike.

A. They are more like the sized hand he writes in common than this, this is a larger hand.

Mr. Serjeant Best. Do you believe these to be Mr. De Berenger's hand writing? (shewing three papers to the witness).

A. They are all like his hand writing.

Lord Ellenborough. I think this should be kept for your case--I never saw any thing like this in my life.

Mr. Gurney. I take for granted these are meant to be produced in the defence?

Lord Ellenborough. You must be conscious that you are doing an irregular thing in tendering them now.

Mr. Park. I am not conscious my Lord, of doing an irregular thing.

Lord Ellenborough. I mean in tendering evidence at a time when it is not open to the Defendant to do so.

Mr. Park. But I may try the credit of the Witness by shewing him these.

Lord Ellenborough. There is no doubt that every Defendant has a right to give evidence in his turn, but at present we are upon the case of the prosecution.

Mr. Park. Have you not shewn that Letter to various other persons in order to procure their testimony to the hand writing?

A. No, I have not.

Q. You have not attempted it?

A. I was always conscious that I should be able to prove the Letter, but this morning finding Mr. Wright was not come up, I asked them if they had any body at hand that could prove it, so as to avoid being called myself; but I believe I must be called at last to the examination of the papers, so that it is not so important my being called sooner or later.

Q. Have you attempted to get other evidence?

A. I have not.

Q. Was Mr. Stevens applied to?

A. Before the Grand Jury, Mr. Stevens was not only applied to, but attended.--Mr. Lees also, of the Bank of England had ascertained before I had any thing to do with the business----

Mr. Park. That is not my question.

Lord Ellenborough. Put your question distinctly.

Mr. Park. I ask whether Mr. Lavie had not applied to various persons to swear to De Berenger's hand writing, and finding that they would not swear to it, then he determined to swear to it himself?

A. No, I have not.

Mr. Gurney. You say you did apply to Mr. Lees of the Bank, and Mr. Stevens?

A. Yes.

Q. Mr. Lees is the Inspector at the Bank?

A. He is.