the
hand-writing before the entry was read.

_Mr. Germain Lavie called again;_

_Examined by Mr. Gurney._

_Q._ Do you believe that to be the hand-writing of Mr. De Berenger?

_A._ Yes I do, most certainly.

_Cross-examined by Mr. Park._

_Q._ I observe this is pencil writing you have been speaking to; did you
ever see any writing of this person in pencil before?

_A._ No, never.

_Q._ There is no difference in a man's writing with a pencil and with a
pen?

_A._ I conceive that to be written by Mr. De Berenger.

_Q._ It is exactly like the character of that letter which has been
given in evidence upon your testimony?

_A._ Yes, it is the same sort of writing.

_Mr. Serjeant Best._ I submit to your Lordship, still I am not removed
from my objection. There is first a check of L.98. 2_s._ 6_d._; then an
attempt is made to trace L.50. of that into the hands of Mr. De
Berenger; the way in which that is attempted is, that a person says he
gave change for that note of L.50.;--beyond that, they have produced a
pencil memorandum, proved to be in the writing of Mr. De Berenger, at
least there is some evidence of that; that pencil memorandum is merely
this, not that a particular bank note; not that the note which came into
the hand of the witness, and for which he gave change, but that a bank
note of L.50. was paid to W. S. It does not appear that it was that bank
note, and this, I submit, is no evidence in a criminal case.

_Mr. Gurney._ I submit to your Lordship it is evidence, _valeat
quantum_, it does not prove that Smith received that bank note from De
Berenger, but that it came from De Berenger's servant; I shall give no
other evidence to bring it home to De Berenger, and I submit that it is
admissible evidence, as that which is proved to come so near as the
child, the wife, or the servant.

_Lord Ellenborough._ I think it is not evidence; it does not get the
length of William Smith; but even if it were to be taken to refer to
William Smith, it does not connect it with this bank note, or any other
means of payment. I cannot translate "W. S." into "William Smith my
servant," and "L.50." into "this L.50. bank note." You do not call
William Smith.

_Mr. Gurney._ No, certainly not, my Lord,--I shall leave that to my
learned friends.

_Mr. Benjamin Bray sworn;_

_Examined by Mr. Gurney._

_Q._ Where do you live?

_A._ At Sunderland.

_Q._ Will you look at this L.40. note