ieve, that wrote that letter, and sent it off to Admiral
Foley. I say, gentleman, that story, as applied to Mr. De Berenger,
falls to the ground, if that letter was not the hand-writing of Mr. De
Berenger; inasmuch as the letter is now supposed to be traced into the
hands of Admiral Foley, from the Ship Inn at Dover, by the conveyance of
the little boy. If Mr. De Berenger was not the writer of it, then Mr. De
Berenger was not the man who was at that inn.
Gentlemen, it was said by Mr. Gurney in his opening, that he should call
the landlord and landlady of the house at which Mr. De Berenger lodged,
to prove that he did not sleep at home that night; but they have proved
no such thing. I expected, from my learned friend's statement of it, and
I am sure he expected it, or he would not have so stated it, that they
would have proved that. The man says, he does not know who comes in and
who goes out, being the clerk of a stockbroker, and being a good deal
out; he says, Mr. De Berenger comes in without their interference; he
has his own servants; and all he reasons from is the fact, that he did
not hear him blow his French horn at eight or nine o'clock on the
Monday morning, which I shall prove to you he could not do, for that Mr.
De Berenger went out to Lord Cochrane's at eight o'clock. These people
do not swear, that he did not sleep at home; all they say is, that they
do not know whether he was at home or not.
Now, Gentlemen, upon the subject upon which I am about to address you, I
do not think it absolutely necessary to go into it; and I should not at
this hour in the morning call evidence, but in a matter so highly penal
as this is, and where I am placed in so delicate a situation, and in
which, thank God, I can very seldom be placed, I do not think it right
to act on my own judgment, where my client assures me that he was not
the man, and is an innocent person; and that he is determined (because
he knows perfectly well that what he says is the truth) to have his
witnesses called; he shall have those witnesses called, for I chuse to
have no responsibility cast upon me that does not belong to my
situation. Gentlemen, I shall prove to you most completely that which
will dispose of the case, if it is believed. I trust I have already
shewn, that it is a case depending upon such frail testimony, as it
stands, that it is not worthy of any degree of credit. But I am
instructed, that I shall be able to call five or six witnesses,
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