will now read the letter.
_Mr. Park._ I object, with great deference to his Lordship, to that
letter being read, the evidence does not bring home that to the supposed
officer, who is said to be Mr. De Berenger, it does not appear from any
evidence to have come out of his hand it reaches this boy by the
communication of Mr. Wright, who has not been called.
_Mr. Gurney._ I will ask the witness as to the reason of Mr. Wright's
not being here--he is very ill, is not he?
_A._ He is extremely ill.
_Mr. Park._ My Lord, that does not alter the law of evidence, I submit
there is a chasm in that chain that precludes their reading the letter
as evidence against Mr. De Berenger. I do not mean to say that might not
be supplied in the absence of Mr. Wright, but that letter lying before
your Lordship's Officer is not identified to be the very paper which
issued forth from this supposed person. It was delivered to this youth
at the door of the inn by Wright, who is ill and absent from illness, he
is not present to tell your Lordship from whom he received that, and
there is a chasm in the chain of evidence, nor does the Admiral say he
received the letter from this boy, he received it from a maid servant.
_Lord Ellenborough (to Admiral Foley.)_ When the boy came into your
presence I suppose you asked him about this letter?
_A._ I did.
_Q._ Did he recognize that as the letter he had brought?
_A._ He did.
_Mr. Park._ With deference to your Lordship I should submit the letter
was then open, the boy had delivered the letter shut to the maid
servant, and I should have submitted, it is quite impossible that this
youth could distinguish the letter, nobody doubts it is the letter, but
that must be proved by legal evidence.
_Lord Ellenborough._ It is prima facie evidence. I do not speak now of
the communication from De Berenger (supposing he is the person) of the
letter to the boy. I do not say any thing upon that objection of yours,
but that the letter which reached Admiral Foley was the letter the boy
brought I think no human being can doubt.
_Mr. Park._ But still upon the original point, I submit it is not so
proved as to be read in evidence.
_Lord Ellenborough._ Yes, you may resort to that if you please, the
witness said he wanted an express horse to send to the Admiral at Deal,
and then an express horse was got, and something was carried to the
Admiral at Deal. That is the evidence as it stands.
_Mr. Serjeant Bes
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