Mr. Park. I object, with great deference to his Lordship, to that letter being read, the evidence does not bring home that to the supposed officer, who is said to be Mr. De Berenger, it does not appear from any evidence to have come out of his hand it reaches this boy by the communication of Mr. Wright, who has not been called.
Mr. Gurney. I will ask the witness as to the reason of Mr. Wright's not being here—he is very ill, is not he?
A. He is extremely ill.
Mr. Park. My Lord, that does not alter the law of evidence, I submit there is a chasm in that chain that precludes their reading the letter as evidence against Mr. De Berenger. I do not mean to say that might not be supplied in the absence of Mr. Wright, but that letter lying before your Lordship's Officer is not identified to be the very paper which issued forth from this supposed person. It was delivered to this youth at the door of the inn by Wright, who is ill and absent from illness, he is not present to tell your Lordship from whom he received that, and there is a chasm in the chain of evidence, nor does the Admiral say he received the letter from this boy, he received it from a maid servant.
Lord Ellenborough (to Admiral Foley.) When the boy came into your presence I suppose you asked him about this letter?
A. I did.
Q. Did he recognize that as the letter he had brought?
A. He did.
Mr. Park. With deference to your Lordship I should submit the letter was then open, the boy had delivered the letter shut to the maid servant, and I should have submitted, it is quite impossible that this youth could distinguish the letter, nobody doubts it is the letter, but that must be proved by legal evidence.