_A._ I sold it all on Monday.

_Lord Ellenborough._ If he sells all the sum is immaterial, if you prove that he sold all of the several amounts, it furnishes a constructive motive for what has pa.s.sed.

_Cross-examined by Mr. Scarlett._

_Q._ When was it you had purchased the 40,000 for Mr. Cochrane Johnstone?

_A._ On the 12th and the 14th.

_Q._ Did Mr. Johnstone send you the order to purchase it?

_A._ Yes.

_Q._ Was it upon his own account?

_A._ No, it was upon his own account, the order was from him.

_Q._ But not upon his own account?

_A._ No, it was not.

_Q._ Was the whole 40,000 purchased at two different times?

_A._ Yes, it was.

_Q._ You stated to my learned Friend, that he gave you an order to sell a part of it on Sat.u.r.day?

_A._ Yes, he gave me an order on Sat.u.r.day.

_Q._ What was it?

_A._ To sell at a quarter profit if I had an opportunity.

_Q._ I take for granted that opportunity did not occur on the Sat.u.r.day?

_A._ No, it did not.

_Q._ Otherwise you would have sold it on the Sat.u.r.day?

_A._ Certainly.

_Q._ On the Monday you say he gave you an order as to the other 200,000?

_A._ Yes.

_Q._ Had you sold the first 20,000 before you saw him on the Monday?

_A._ Yes, I had.

_Q._ At what time in the morning had you sold it?

_A._ I think about half past ten.

_Q._ When did you first see Mr. Johnstone?

_A._ I saw him soon after I had sold out, between ten and eleven.

_Q._ His order had been confined to 20,000 on the Sat.u.r.day?

_A._ Not exactly to 20,000; if I saw an opportunity of selling any at a quarter profit I was to sell.

_Q._ When you saw him on the Monday, did he then order you to sell the remainder?

_A._ Yes.

_Q._ Did you sell it immediately.

_A._ As soon as an opportunity offered to sell it at a profit.

_Q._ Was that early in the day?

_A._ Yes, about eleven I believe.

_Q._ When was it that you first heard any rumour of good news in the morning?

_A._ Soon after the market opened, between ten and eleven.

_Q._ You say you had purchased 40,000 for Mr. b.u.t.t?

_A._ Yes.

_Q._ When was that?

_A._ The 12th, 14th, and 18th of February.

_Q._ Different sums on those days?

_A._ Yes.

_Q._ Had you any order from Mr. b.u.t.t as to the sales?

_A._ To sell whenever I saw an opportunity of selling at a quarter profit, or three eighths as the circ.u.mstances might allow.

_Q._ How long have you known Mr. b.u.t.t?

_A._ About six months.