Part 46

Q. Look round and see whether you see him here?

The Witness looked round.

A. I cannot see him; he is not round here; I cannot say that I am positive.

Q. You do not see him?

A. No I cannot say that I do.

Q. Look from here to the end of the row?

A. No I cannot say that I am positive.

Q. Do you know the boys who drove the Baron away?

A. Yes, Shilling and ----.

Mr. Gurney. Before Shilling comes in, and when what I say is not heard by him, I must say that the person to be identified should hold his head so as to be seen.

Mr. Park. And so he did. I desired Mr. De Berenger to hold his head gently up, and he did it immediately.

Lord Ellenborough. The questions might go much nearer; the witnesses might be asked if that be the person: it is done always at the Old Bailey in cases of life and death, where the prisoner stands in a conspicuous situation--it is less strong in that case; but to be sure when it is proved in the way it has been, it can be of very little consequence.

Thomas Shilling sworn.

Examined by Mr. Adolphus.

Q. You are a chaise-driver at Dartford?

A. Yes.

Q. Do you remember on a particular day taking up a gentleman who came in a chaise and four to Dartford?

A. Yes.

Q. What day was that?

A. I do not rightly know the day, but I believe it was on the 21st of February.

Q. What day of the week?

A. On a Monday.

Q. Had you a pair of horses?

A. Yes.

Q. Upon your ride to London, did the gentleman say any thing to you?

A. Yes, he discoursed with me a good deal.

Q. Who first spoke to him in your hearing?

A. The first man that spoke to him in my hearing that I took any notice of, was the waiter.