Part 42

Q. You were busy getting him something at the time?

A. He was standing while I was getting it, and then he sat down; I staid to wait upon him.

Q. What was the whole length of the time you were with him?

A. I suppose ten minutes.

Q. The greatest part of that time he was eating, was not he?

A. The greatest part of the time he was talking; I do not think he ate any thing; he took a knife and fork in his hand but I do not believe he ate any thing.

A Juryman. Did you observe any thing particular in his dress?

A. He was dressed pretty much in the way I have described; he had one part of his dress I have not mentioned, which was a large white cockade hanging down very dirty, as if it had been a long time worn.

Lord Ellenborough. Had you any conversation with him about his communicating this intelligence in any public quarter; or did you give him any advice upon that?

A. No I did not. When he went away I gave him a card of the road, and requested his favors when he should come that way again; and he bowed, as if assenting.

Q. You have not seen him since?

A. No I have not.

A Juryman. Had he his cap on?

A. Yes he had it on the whole of the time I believe. I have got the Napoleon in my pocket that the gentleman gave me.

The Witness produced it.

A Juryman. What did you say was the color of the cap he had on?

A. I think it was very near the color if not the color of the great coat, to the best of my recollection, looking at it by candle light.

Lord Ellenborough. From the circumstances of his appearance, looking at that person before you, you have no doubt?

A. I have no doubt of it; I can swear to that gentleman, though I have never seen him since.

James Overy sworn.

Examined by Mr. Adolphus.

Q. Did you take up a person at your master's house at Rochester?

A. Yes.

Q. Do you recollect on what day it was?

A. On a Monday.

Q. Can you recollect the day of the month?

A. No I cannot.

Q. Where did you drive him to?