e the 17th of March.

_Q._ Where did you find him?

_A._ At Leith.

_Q._ On what day?

_A._ On the 8th of April.

_Q._ Did you find him in possession of any writing desk?

_A._ Of this one. (_producing a portable desk_).

_Q._ Did that writing desk contain papers and bank notes?

_A._ Yes.

_Q._ Before you parted with any of those papers or bank notes did you
mark them?

_A._ Yes I did.

_Q._ When did you mark them?

_A._ I marked them before the Grand Jury the day of the bill being
found.

_Q._ Have they been in your possession from the day you marked them?

_A._ They have from the hour I took Mr. De Berenger.

_Q._ Were there any pieces of coin in the writing desk also?

_A._ There were guineas and half guineas, and in the pocket book there
were two Napoleons. (_the witness opened the desk._)

_Q._ The bank notes are in parcels I believe?

_A._ Yes they are.

_Q._ Give me the packet with the 67.

_They were handed in._

_Mr. Gurney._ I believe it will be more clear if I do not open them now
till I have proved them?

_A._ Here are two packets, and a pocket book containing a fifty pound
note and four five pound notes, the Napoleons are in the pocket book.

_Q._ There is a memorandum book also and a paper of memorandums?

_A._ There are.

_The Witness delivered them in._

_Q._ There is a road book besides?

_A._ Yes there is.

_Mr. Park._ There are some papers of which I have heard no proof; there
is a paper, in which it is stated there is some pencil mark, I have
heard no proof of any pencil mark, or any writing; it is not evidence
because it is in his pocket-book because one has many things in a
pocket-book which are not in one's hand-writing.

_Mr. Gurney._ This is the writing.

_Mr. Park._ I shall not look at it; I do not know his hand-writing.

_Mr. Gurney._ Mr. Jones, I will trouble you to read the first article in
that memorandum-book.

_Mr. Park._ That cannot be done.

_Mr. Gurney._ It is found in his letter-case.

_Mr. Park._ I object till his hand-writing is proved; the finding a
manuscript in my possession, is not sufficient to warrant its being read
as evidence against me; your Lordship might confide some paper to me,
and it would be very hard to read that against me.

_Lord Ellenborough._ It is _prima facie_ evidence I think, subject to
any observations you make upon it.

_Mr. Park._ It is found in that thing, not in his pocket.

_Lord Ellenbor