Q. There is no difference in a man's writing with a pencil and with a pen?
A. I conceive that to be written by Mr. De Berenger.
Q. It is exactly like the character of that letter which has been given in evidence upon your testimony?
A. Yes, it is the same sort of writing.
Mr. Serjeant Best. I submit to your Lordship, still I am not removed from my objection. There is first a check of £.98. 2s. 6d.; then an attempt is made to trace £.50. of that into the hands of Mr. De Berenger; the way in which that is attempted is, that a person says he gave change for that note of £.50.;—beyond that, they have produced a pencil memorandum, proved to be in the writing of Mr. De Berenger, at least there is some evidence of that; that pencil memorandum is merely this, not that a particular bank note; not that the note which came into the hand of the witness, and for which he gave change, but that a bank note of £.50. was paid to W. S. It does not appear that it was that bank note, and this, I submit, is no evidence in a criminal case.
Mr. Gurney. I submit to your Lordship it is evidence, valeat quantum, it does not prove that Smith received that bank note from De Berenger, but that it came from De Berenger's servant; I shall give no other evidence to bring it home to De Berenger, and I submit that it is admissible evidence, as that which is proved to come so near as the child, the wife, or the servant.
Lord Ellenborough. I think it is not evidence; it does not get the length of William Smith; but even if it were to be taken to refer to William Smith, it does not connect it with this bank note, or any other means of payment. I cannot translate "W. S." into "William Smith my servant," and "£.50." into "this £.50. bank note." You do not call William Smith.
Mr. Gurney. No, certainly not, my Lord,—I shall leave that to my learned friends.
Mr. Benjamin Bray sworn;
Examined by Mr. Gurney.
Q. Where do you live?