_Q._ What is Mr. Donithorne; a cabinet-maker?

_A._ Yes.

_Q._ This you say was about making alterations in the garden; are they made?

_A._ No, they are not.

_Q._ They are waiting till February perhaps, to survey this garden again?

_A._ I do not know, indeed.

_Q._ When were you first sent for to become a witness on this occasion?

_A._ I never was sent for.

_Q._ When did you go to any person upon the subject?

_A._ I never went to any place upon the subject, further than going myself to Mr. Tahourdin; but he did not send for me.

_Q._ You went to Mr. Tahourdin without being sent for?

_A._ I went with Mr. Donithorne.

_Q._ When was that?

_A._ I cannot exactly say, but I think it was some day last week.

_Q._ Did you know before last week that you were to be a witness?

_A._ No, I did not.

_Q._ Did you know before last week, that it was at all material that you should recollect the 20th of February?

_A._ No, I did not know it; but I can tell you one particular thing that makes me recollect it; I let my house, No. 39, Little Queen-street, Holborn, on the 17th of February, to Samuel Nicholson, and went to Mr.

Donithorne's to live; and on that very morning, the 20th, the Sunday, Mr. Donithorne (I rather indulge myself with lying in bed on Sunday morning) came to my door and knocked, and told me Mr. De Berenger was come to look over the house, and that if I would get up he should be obliged to me.

_Mr. Gurney._ I congratulate you on the cure of your deafness[417:A].

_Lord Ellenborough._ You lay a-bed and were disturbed?

_A._ No, not particularly; only I lay a-bed on the Sunday till about nine o'clock.

_Lord Ellenborough._ Do you know Smith, De Berenger's servant?

_A._ I have seen him.

_Re-examined by Mr. Richardson._

_Q._ You saw them in this piece of garden in the morning?

_A._ Yes.

_Q._ My learned friend has asked, whether the alterations are carried into effect, or not?

_A._ They are not.

_Q._ Do you know, whether Mr. De Berenger went away after that?

_A._ He stopped about half an hour.

_Q._ Has he been absent from a period soon after the 20th of February?

_A._ Yes; I never heard much about him till last week.

_Lord Ellenborough._ When they came to you, you immediately recollected the 20th of February?

_A._ When who came down to me?

_Q._ When you went to Mr. Tahourdin, you immediately recollected the 21st of February?

_A._ He asked me, whether I could recollect on what day I came to this house; and I told him I do not know that I can recollect exactly; but I can go to Mr. Nicholson, upon whom I drew a bill at two months, for half the money for the goods and fixtures of my house, and ask him whether it is correct.

_Q._ He asked you, whether you recollected the 20th of February?

_A._ Yes.

_Q._ Did you say you recollected it by being disturbed in the morning?

_A._ Yes, I did.

_Q._ There was no snow in the garden when they paced it in the way you have spoken of?

_A._ I cannot positively say; I did not charge my memory with that.

_Q._ Are you perfectly certain in your recollection, as to having had your sleep disturbed?

_A._ Yes, I am perfectly certain of that.

_Q._ You know De Berenger very well?

_A._ I have seen him several times at Mr. Donithorne's house?

_Q._ And you know Tahourdin?

_A._ I never saw him till last week.

_Q._ Do you know where Mr. De Berenger dined that day?