Gentlemen, the evidence begins with that of John Marsh, who keeps the packet-boat public house at Dover, he says, "Upon that 21st of February, I heard a knocking at Mr. Wright's fore door of the Ship Inn, between one and a quarter after one o'clock; I went out upon hearing that, and, on going out, I found a gentleman there, who had on a grey great coat, and an uniform coat under it. I called for a person at my house to bring two lights across; when I had the two lights, the gentleman had got into the passage; he had a star on his red coat, under the great coat; it is similar to this star." Now, it is said these persons saw him in the dark, but candles were brought over, and you may see a man's countenance by the light of two candles placed near him, almost as well as you could in the day-light we have at present; it would certainly be sufficient for the purposes of observation; if it were not so, half at least of the injuries done at night would be very imperfectly proved, if proved at all. He says, "I do not recollect that he had any other ornament; he was very anxious for a post-chaise and four; the porter at the Ship came down to him; he wanted an express horse, and a man to send to the Admiral at Deal;" then it is highly probable, as he wanted an express horse, that he did send this letter by that express; the witnesses swear they saw him writing a letter. "I asked him where he came from, and he told me, he was the bearer of the most important dispatches that had been brought to this country for twenty years; I asked him where he came from? he told me, from France. I asked him, where he landed? he told me, on the beach; and he begged of me to get a post-chaise and four for him; and then I went and called Mr. Wright, of the Ship Inn; then he wanted pen, ink, and paper. I had shewn him into a room; as soon as Mr. Wright came down stairs, Mr. Wright gave me a sheet of paper, and pens and ink, which I carried into the room; I gave it to him, and he began to write upon it; he called for a bottle of Madeira, and something to eat." That circumstance of his having wine, is afterwards confirmed, for when he is going up Shooter's hill, he is giving it away to some of the postillions. "I asked him, whether I should call the collector of the port? telling him, that it was his business to see such people when they landed; he made answer to me, that his business did not lie with the collectors; then Mr. Wright came, and I had no more conversation with him; two candles were placed, one on each side of him, and I could see him; that is the gentleman; (pointing him out.) A gentleman of the name of Gourley was there, and another of the name of Edis, was also there." Then he says, "I went to get horses with all possible dispatch; he told the two postillions he would give them a Napoleon each;" and that description of coin attends him throughout, nor does it quit him to the last, for in the very desk when he is taken up in Scotland, there were found Napoleons tallying with these; therefore the proof in this particular is dovetailed and closed in, beyond any thing I almost ever saw in a court of justice. Then he says, "he had a German cap on, and gold fringe, as I thought;" and it turns out, upon an exhibit we had made to us of a similar cap, that De Berenger had such a cap; those that are shewn, were made in the resemblance of what, from the evidence, they collected the articles to be. They are not the originals; the coat, it appears, was cut to pieces, and got out of the Thames, but the actual cap is not produced; "this is all that I heard and saw."
Upon his cross examination, he says, "I am not in the least connected with the Ship Inn, but on hearing this knocking, I went across to see who the gentleman was out of mere curiosity; I did not observe whether it was moon-light, foggy, or star-light." It does not signify which it was, for he saw him by candle-light. "The boots let him in; I was with him about five minutes altogether, but I cannot speak to a minute; he was in great haste to get away; I should think he was not more than twenty minutes at Mr. Wright's altogether. I held the candle while the boots unlocked the parlour door, and I went and put them on the table; he wished me to quit the room, and I did not go in any more." Then he is asked about a large company in the inn, he says, "I do not know that there had been any; I never saw him before nor yet since, till to-day, but I can take upon me confidently to swear, that this is the man." He made a very strong observation upon him, and he pointed him out in the manner you saw. "I never was examined upon this subject before, only by Mr. Stow, the collector."
On his re-examination, he says, "he told me before I sent for the lights what his business was, and that he had landed on the beach. I was in the passage with him till the lights came; my attention was called to him as a stranger of importance. I saw the person when I was by myself in the hall, and knew him the instant I saw him; I have not the least doubt that he is the same man."
One of the other persons who saw him, of the name of Gourley, a hatter at Dover, speaks to the same thing—"I was at Mr. Marsh's, the packet-boat, on the morning of the 21st of February; Mr. Marsh went over and called for lights; I took two candles and went across with them to the Ship, where I perceived a gentleman in a pepper and salt coloured coat, similar to that which is shewn to me. Mr. Marsh asked me to go and call the ostler up, and to tell him to get a post-chaise and four immediately. I did so; and after some time, when I had got the ostler up, I returned back again and found the stranger in the parlour; there were lights in the room; there were two candles upon the table; the gentleman was walking about in a red uniform trimmed with gold lace, with a star upon his breast, and he had a cap on similar to that, with gold lace on it. I asked him, what news; having heard them say he was a messenger. He said messengers were sworn to secrecy, but that he had got glorious news; the best that ever was known for this country. He rang the bell and called for pen, ink and paper, to write a letter, to send off to the Admiral at Deal." So that he professes, as the first witness says, to write a letter; and here he speaks of sending it off to the Admiral at Deal:—"that was brought to him, and he continued writing some little time while I was there. I took leave of him before he had finished the letter; the candles were sufficiently near him to observe him; that is the gentleman, and I have not the least doubt that it is him."
On his cross examination, he says, "I came over when I was called by Mr. Marsh to bring candles; I went and called the ostler, and waited till I waked the ostler; I left the candles in the passage; I saw him write on the paper when it was brought; I was sitting with Mr. Marsh when he arrived; I had not dined at the packet-boat." I suppose the question pointed to whether this man was likely to have been sober or drunk at that time: I do not know that there is any thing extraordinary in a man's sitting up till twelve or one o'clock; but that has been the subject of the observation.
Upon his re-examination, he says, "perhaps I might be in the room, so as to have an opportunity of observing him three or four minutes; my attention was called to him particularly; he had a cap on sometimes, and sometimes not; I have no doubt that is the man."
Eliot Edis, a person who you recollect was rather deaf, says, "I am a cooper in the victualling yard at Dover, I was at the packet boat on the morning of the 21st of February, Gourley was there with me; my attention was called to a messenger who had arrived. I saw the messenger first at the Ship, he was in a room at the time, walking up and down the room. I observed his dress; he had a grey great coat and regimentals, scarlet trimmed with gold; I did not particularly notice any other ornament; he had a cap with a gold band, that was the colour of the coat, it was a slouched cap;" upon that there has been much observation; "the cap appeared to be made of a kind of rough beaver, I do not know whether it was black or brown;" by that light you would not know very distinctly whether it was black or brown; "it was rather flat all round, and had no rim like a hat. I saw him sit down and write. I did not hear him say whom he was writing to. I could hear him talk; but not to understand him, being rather deaf; his cap was on while I was there." He is desired to look round, and to point out the gentleman, and he says, "that is the gentleman," pointing to him. "I have no doubt that is he; I had never seen him before that night, nor since;" and yet as you saw him, looking round, he instantly found him out among so many as there were then round him, it is not probable that if they had not seen him before, and had not his picture engraved upon their minds, they would have known him again so well; and it would be very remarkable that they should all pitch upon the same person. "I might see him perhaps for five or six minutes; the cap was rather slouched; it had no brim to it; it was drawn over his forehead; the round part of it was drawn over his forehead. I was not in court when Marsh was examined." It was suggested that he might have picked up his story from Marsh; but a man who was deaf could not have heard him, if he had been in court.
Mr. William St. John is next called; he speaks in the same manner; it is unnecessary to go through the whole of it. He says, "he wore a scarlet coat with long skirts, buttoned across, with a red silk sash, grey pantaloons, and a grey military great coat, and I think it was a seal-skin cap;" now with that light he might very easily mistake; I believe it is very common to have seal-skin caps for travelling.
Mr. Gurney. This is seal-skin, my Lord.
Lord Ellenborough. I did not know that; "he had, I think, a seal-skin cap on his head, of a fawn colour," and it is a fawn colour, certainly; "there were some ornaments on his uniform, but I do not know what they were, something of a star on his military dress; he was talking up and down the room in a very good pace; I asked him, whether he knew anything of the coming of one Johnson," a messenger whom the witness expected; "he said he knew nothing at all about him, and begged I would leave him to himself, as he was extremely ill;" this gentleman appears too inquisitive, and he did not seem to like him. "On my leaving the room, he requested that they would send in paper, and pen and ink; I immediately retired, and met the landlord, Mr. Wright, coming into the room, I believe, with the paper, pens and ink; in a few seconds afterwards I returned into the room, and he was writing, I did not hear him say any thing about the paper he was writing. I left the room immediately. I saw him again at the door in the street. When he was stepping into the carriage, I asked him what the news was; he told me it was as good as I could possibly wish; I did not see what he did with the paper he was writing upon, nor did I hear him say what he was writing about, he went away the first of us."