A. I believe it was Clarke, I think that was the name; he said that he would write to Mr Blight to come up to town immediately, for he was rather uneasy about it.

On the

Mr. CONST. Was any thing else said? A. No, I do not think that there was. Monday following I called, I was going to look at a ship at Greenland-dock, I asked whether Mr. Blight was come home? He said yes, he was come, but was gone up to town, I said I was going to see a ship, and would call again as I came back. I came back about one o'clock, and then he was just come from town, I asked him for the payment of the vessel, he said he was just come from town.

Qwhile you were in the room, did Mr. Patch come into the room?

A. He was on the wharf when I went, he asked me to go in and take a snack of something to eat, we were to meet the next day.

Q Pass over what passed between you and Mr. Blight till Patch came, relate only what was said in Patch's presence?

A. I sat down to have something to eat with him, and when I was sat down Mr. Patch came into the room, he said Mr. Blight, Pray where are your spurs."

H

Q. Had he at that time, boots or shoes on?

A. Boots. He pointed across the room, and said They are lying there on the chair," and Mr. Blight said to him" Patch do not you return without the money." Says he "You may depend upon it I shall not return while it is got all settled." He went out, and that was all that passed.

Q. He then went away?

A. Yes.

Q He did not return while you were with Mr. Blight?

A. No, he did not return while I was with Mr. Blight.

Mr. RICHARD PERCIVAL, sworn.

Examined by Mr. POOLEY.

Q. You are a partner in the house of Messrs. Willis, and Co. the Bankers?

A. Yes,

Q. Did Mr. Patch in the month of September last, open an account at your house?

A. He did.

Q. What time in September?

A. About the 7th.

Q. Amongst other cash, did he pay in at that time any draft?

A. Yes, he paid in a draft.

Q. Upon whom?

A. A draft for 1000l. drawn by Mr. Patch upon Mr. Goom.

Q. When was that payable?

A, On the 16th of September, he paid that very draft in, on the very day he opened the account.

Q. Before that draft became due, did he call at your shop again?

A. He did.

Q. For what purpose?

A. To say that Mr. Goom was not prepared to pay the draft on the 16th, that he would take the draft with him, and send us another for a future day.

Q. Did he send you another?

A. He did.

Q. Have you got it?

A. I have.

L. C. B. MACDONALD. Was it a draft or a promissory note, or what?

A. A draft drawn by himself upon Mr. Goom, it was just the same, only the date altered.

Q. When was hat other sent?

A. I do not know the day."

Mr. POOLEY. Was it before the 16th?

A. I cannot say, perhaps Mr. Willis my partner may recollect it, he had a conversation with Mr. Goom on the subject.

No.

[The Note was read.]

20th Sept. 1805.

I. Gooms, Esq. at Tyer's Gateway, Bermondsey, pay to Messrs. Willis, Wood, and Co. or Bearer, One Thousand Pounds.

did

£1000.

RICHARD PATCH.

Mr. POOLEY. Before that draft became payable, you receive any letter from Mr. Patch?

A. Yes, on the 19th.

Q. Is that the letter you hold in your hand?
A. Yes, this is it.

Mr. GARROW. We will now read this letter?

Mr. GURNEY. It is not proved to have come from the Prisoner.

Mr. GARROW. Did you receive it from his hand personally?

A. No.

Q. Do you know his hand writing?

A. I never saw him write.

Q. Have you transacted business with him in consequence of seeing his hand-writing?

A. We have paid his drafts.

Q. Do you believe that to be his hand-writing?
A. Yes.

Mr. GARROW. Then we read it as his writing?
[The Letter was read.]

"Messrs. Willis, Wood, Percival and Co.

"I. Gooms, Esq; the man I gave you a check upon for £1000 on Friday next the 20th inst called me to-day, informing me he should not be able to face it to-morrow, in consequence which I have taken his note payable 1st October next, which hath given me full satisfaction, as before I had no security from him. I will call on you Saturday or Monday next and take up the check, and give you the note, I am, Gentlemen,

Rotherhithe, 19 Sept. 1805.

Your humble servant,
RICHARD PATCH."

Mr. POOLEY. In the conclusion of that letter he says, that he will call upon you on the Saturday or Monday, take up the check, and give you the notedid he do so?

A. He did not.

Q. Did you know Mr. Blight?

A. I did.

Q. Did Mr. Blight call at your shop on the 23d of September, which was the day he was shot?

A. Yes, he did.

QAt what time in the morning?

A. About ten o'clock.

Q. For what purpose did he call there?

Mr. GURNEY. That must have been by conversation, which of course we cannot know-it was all in conversation.

A. Yes, it was.

Mr. GARROW. We propose to ask, did he call in respect to his pecuniary concerns?

L. C. B. MACDONALD. That is a fact, it is a common enquiry, for what purpose did he call? Mr. POOLEY. Did he call respecting his pecuniary concerns?

A. He had no account at our house,

Q. Did he call to enquire after a note?

A. He did.

Q. What note.

Mr. GURNEY. I submit to your Lordship that my learned friend is not entitled to ask that question, the object of the call was expressed by conversation, and the prisoner was no party to that conversation.

L. C. B. MACDONALD. It is part of the res gesta his going there to enquire after the note. Any thing which he said, and which another man said, and so on, I willnot take down, but this I take to be evidence.

Mr. GURNEY. With great deference to your Lordship, I submit, that the only fact independent of conversation, is, that Mr. Blight did call upon the witness, his motive for calling, if stated to the witness, was stated in conversation, to which Mr. Patch was not privy, and for which he therefore cannot be made answerable.

L. C. B. MACDONALD.

But after all it is a fact,

it is part of the res gesta, if he were to proceed, and say Mr. Blight said so and so to me about that note, I would not take it. But the naked fact, that he went there, and asked about the note, I see no objection to.

Mr. GARROW.

We are content to take it much short of that, the witness says first that Mr. Blight had no account with them, and next that he came to enquire after something, he came to your house to make enquiry concerning something?

A. He did.

Mr. GARROW. We will not ask what it was. Mr. POOLEY. Have you got Mr. Patch's book? A. Yes, this is it.

Q. Is there any entry made in that banking-book by Mr. Patch?

A. Yes, the last entry is written Mr. Patch.
Q. What is that entry?

A. "Messrs. Willis, Wood, Percival, and Co. will please to place the above bill to the credit of the executor of the late Mr. Isaac Blight. Richard Patch."

Mr. GARROW. Will you be so good as to tell us, what that is, which is erased.

A. It is the second draft on Mr. Goom, for 1000/. which was withdrawn.

Q. Who made that erasure?

A. We did.

Q. It being withdrawn, you erased it?

A. Yes.

Q. Was that last entry made in your book since Mr. Patch has been in custody under this charge?

A. Yes, the first draft was written in, and made returned; the second was written in, and as it was not to be transferred to Mr. Blight's account, we erased it. Q. Not becoming effects in your hands, you struck it out?

A. Yes.