_A._ Between eight and nine in the evening.

_Q._ Did he call again at your house in York-street?

_A._ Yes.

_Q._ About what time was it?

_A._ It was between eight and nine; I did not take particular notice of the time, not expecting there would be any question about it; we were all sitting in the parlour, and Mr. De Berenger knocked at the door, and I let him in, and he walked in, and while I was handing a chair to him to sit down, he said I will not disturb your good company, and he said he would walk into the back; and he did, and he staid about a quarter of an hour or twenty minutes.

_Q._ Did you walk back together?

_A._ Only into the parlour; in the morning, we were, I dare say, an hour together in the garden.

_Q._ Did you go into the garden in the evening?

_A._ We did not.

_Q._ What was the purpose of his calling in the evening?

_A._ Merely to answer the purpose of the morning, we meant to do something in the garden; he said he would call if he came that way in the evening, to tell me when he would draw a plan for the work I was going to do in the garden; I was going to build a room there.

_Q._ He was to draw a plan?

_A._ Yes.

_Q._ In the evening he called about the same business?

_A._ Yes.

_Q._ Was any further answer to be given to him?

_A._ This was the business; I was going to turn the front part of my house into an inn, and to make the back part of my house into pleasure grounds.

_Q._ And you had consulted him about the mode of doing it?

_A._ Yes, I had; Mr. De Berenger told me he could make out a handsome plan for me.

_Lord Ellenborough._ Did he tell you what you were to pay for it?

_A._ That house was not his, I pay .60 a year for it.

_Q._ He did not tell you, that from .200 to .300 would not be excessive for a good plan?

_A._ Not for that plan.

_Q._ What did you expect to pay for a good plan?

_A._ That depended upon what sort of plan it might be, they might make a good plan worth that.

_Q._ You would not scruple paying that for a good plan?

_A._ I think I should for that for I had not the money to pay it.

_Q._ He put down the measurements in the morning?

_A._ Yes, he paced it over, but he told me he would come again and measure it quite correct.

_Q._ He put down the figures?

_A._ I do not know precisely whether he did or not.

_Q._ He had his pencil?

_A._ Yes, and a ten-foot rod that he carried.

_Q._ Did he bring a ten-foot rod to walk with?

_A._ I have a ten-foot rod myself, as a cabinet maker, and Mr. De Berenger paced it over.

_Q._ What sort of a morning was this?

_A._ A damp cold morning, a kind of misty rain; very cold.

_Mr. Richardson._ He said he would call at a subsequent time?

_A._ Yes, he did; here are all the designs.

_Q._ Those are the designs of furniture?

_A._ Those are the designs of furniture that I made for Miss Johnstone, or the honourable Cochrane Johnstone, for furniture in Great c.u.mberland Street; I believe I have some notes respecting them.

_Cross-examined by Mr. Adolphus._

_Q._ Mr. De Berenger came to you, as a friend of Mr. Cochrane Johnstone, to give you plans for Mr. Cochrane Johnstone?

_A._ That was the case.

_Q._ He never gave you plans for any body else's furniture?

_A._ Never.

_Q._ You never employed a draftsman of his cla.s.s to give you plans?

_A._ No, I made up two pieces of furniture from his plans, to go into a library; that was the first thing.

_Q._ He came as a friend of Mr. Cochrane Johnstone's?

_A._ Yes, to look to the furniture.