_A._ He was used to do.

_Lord Ellenborough._ I will ask any question upon that subject for you, but there has been no question put on the cross-examination with reference to it?

_Mr. Park._ There was a question about his being still.

_Lord Ellenborough._ There was no allusion to musical instruments; you should have gone through it in your original examination, as it was to contradict their case. Does your master play on any musical instrument?

_A._ Yes; both the bugle-horn and violin.

_Q._ You say Mrs. Davidson described to you a person who called, and that you said it was most likely Mr. Cochrane Johnstone?

_A._ Yes.

_Q._ You had seen Mr. Cochrane Johnstone?

_A._ Yes; I had seen him but once.

_Q._ This was on Sat.u.r.day the 26th?

_A._ Yes.

_Q._ Why did you say it was most likely Mr. Cochrane Johnstone?

_A._ Because she told me it was a tall gentleman, and his long hair very much powdered.

_Q._ Having seen him but once, and not being much acquainted with him, what led you to say most likely it was Mr. Cochrane Johnstone; had you any expectation that he would come that day?

_A._ No, not the least.

_Q._ But having seen him once, you thought it must be that tall man and powdered, whom you had seen but once in your life?

_Q._ I might have seen him oftener than that, but not to my recollection.

_Q._ What you said was, that you had seen him once?

_A._ I had seen him once, I know.

_Q._ Had you seen him oftener than that?

_A._ I cannot say; but I once saw him at his own house.

_Q._ I supposed you had never seen him but once from your answer?

_A._ I might have seen him oftener, but I do not know that I had.

_Q._ You are as sure as that you are existing, that your master went up at eleven o'clock, or sometime after eleven, on Sunday evening the 20th of February?

_A._ So help me G.o.d; I am sure he did.

_A Juryman._ Did you see him go up, or only hear him go up?

_A._ I heard him go up; I was in my bed room.

_Lord Ellenborough._ But you let him in?

_A._ Yes, I did.

_A Juryman._ You are sure that was on Sunday the 20th?

_A._ Yes.

_Q._ Did your master often breakfast out?

_A._ Sometimes.

_Q._ Not often.

_A._ Not very often.

_Ann Smith sworn._

_Examined by Mr. Park._

_Q._ Are you the wife of Charles Smith?

_A._ Of William Smith.

_Q._ Were you a servant, with your husband, of Mr. De Berenger, in February last?

_A._ Yes.

_Q._ Had you been so for any length of time?

_A._ Two years and a half.

_Q._ Do you recollect having seen him at home on Sunday the 20th of February?

_A._ Yes.

_Q._ In the forenoon?

_A._ Yes.

_Q._ Do you know what time he went out that morning?

_A._ About nine o'clock.

_Q._ When did he come in again?