_Q._ Did he go from that lodging he had in Chelsea, to the Rules of the King's Bench?

_A._ Yes, he did.

_Cross-examined by Mr. Adolphus._

_Q._ How long had you known Mr. De Berenger before this?

_A._ I had known him about three years and a half; I was living at Mr.

Smith's yard at that time.

_Q._ And you had known him all that time?

_A._ I had.

_Q._ It was on the Sunday you saw him?

_A._ Yes.

_Q._ You knew him to be an officer in the corps of riflemen, did not you?

_A._ Yes, I did.

_Q._ Perhaps you thought he was out on Sunday on military duty, or something of that kind?

_A._ I did not know, but the answer my wife made, when I said that to her was, that she supposed it was the same as it was at Edinburgh, and that on the Sunday a person used to come and visit her aunt.

_Q._ I cannot see what makes you remember particularly that it was the 20th of February?

_A._ I had very good occasion for it.

_Lord Ellenborough._ Did you write it down?

_A._ No, I cannot write.

_Q._ Did your wife put it down?

_A._ No; she cannot write neither.

_Mr. Adolphus._ How do you know it was on the 20th of February?

_A._ I can swear that was the day; on that day fortnight I saw his servant, and that was the 6th of March, and I asked him, whether his master was out of the Rules of the Bench? and he said, he was not; and I said, I had seen him there; and he said, if he was there he did not know any thing of it, nor his master was not out of the Rules of the Bench.

_Q._ He said that he was at home, in the Bench, then?

_A._ No, that was not his meaning; that he was not got out of the Rules then, that he was not got clear of the Bench.

_Q._ The servant told you so on the 6th of March?

_A._ Yes.

_Q._ That he was not out of the Rules of the Bench?

_A._ Yes.

_Q._ That he was not on that day, the 6th of March?

_A._ Yes; that he did not know it if he was.

_Q._ He was quite surprised at hearing of it?

_A._ He did not seem in the least astonished, to me; I did not see him take any notice.

_Q._ He told you he was in the Rules of the Bench, and he did not see how he could come to Chelsea that day?

_A._ He told me he was not out of the Rules of the Bench, and if he came to Chelsea, he did not know it.

_Q._ It was by the conversation with the servant, you fix the date?

_A._ No, I knew the date.

_Q._ On what do you found your recollection that it was on that day?

_A._ I know that was the day.

_Q._ The 13th of February he was within the Rules of the Bench, and might have been at Chelsea?

_A._ No, it was not the 13th.

_Q._ How soon did you tell any body that you saw him on the 20th?

_A._ I told my wife that night.

_Q._ Your wife is here?

_A._ Yes, she is.

_Q._ How soon did you tell any body besides William Smith, the servant, any thing about him?

_A._ I told no body but William Smith, and my wife.

_Q._ Not to this moment?

_A._ Yes, I did, when I was sent for.

_Q._ When was that?

_A._ Last Monday week.