Tho. Cartan,
Surgeon, 15th Hussars."
Lord Ellenborough. This affidavit is not even material to shew, that Lord Cochrane was in possession of his brother's letter previous to the morning of the 21st of February, so as to account for a connexion existing in his mind between the note he on that morning received, and the state of his brother's health, which should induce him immediately on the receipt of it, to return home?
Lord Cochrane. I was not present at the trial, or those witnesses would have been examined.
Lord Ellenborough. But those witnesses would not have gone to this point, and your mind must have been drawn to it at the time you made your affidavit, when you came to mention your brother's illness?
Lord Cochrane. My brother's affidavit states, that he wrote to me early in the month, and I received his letter on the Friday previous to the fraud.
Lord Ellenborough. That was capable of being most distinctly verified.
Mr. Justice Bayley. The original letter is not annexed to the affidavit?
Lord Cochrane. It is not; I had no idea of bringing the letter of my brother before a court of justice.
[The following Affidavit was read.]