JET. 42.] THE TRIAL. 385 



fast asleep. We then finished our consultation, and I 

 undoubtedly profited by their remarks, added to the 

 observations which had been made at our consulta- 

 tion. But when I came to cross-examine the man 

 next day, my course was guided chiefly (as it must 

 needs be) by the first answers I received, and by his 

 demeanour as a witness. It was very doubtful whe- 

 ther we ought not to have left his " non mi ricordo " 

 for comment, and without giving him the means of 

 retracting or explaining it away. Some of us, I rather 

 think Denman, was of that opinion ; but all approved 

 my plan of feeling my way at first, and only making 

 war upon him when I had ascertained that we had 

 nothing to fear. In this Williams concurred. I went 

 to work as cautiously as possible ; and after going to 

 other topics, I recollected an expression he had drop- 

 ped in the former part of my cross-examination. It 

 seemed to give me an opening, and I went back, and 

 got an answer which made me quite secure. I indi- 

 cated my sense of the advantage I had got by some 

 gesture which alarmed Denman, and he whispered 

 words of caution ; but I felt secure, and then poured 

 question after question into him, and got him to 

 repeat his " non mi ricordo " as often as I chose. The 

 story among us was, that my rising taller at the first A 

 opening the man gave me, put them in mind of the 

 Duke of Wellington at Salamanca, when he discovered 

 that Marmont had left an opening in his line ; and 

 certainly the defeat of the bill turned very much upon 

 Majocchi's cross-examination. I mean the defeat as 

 regarded the opinion formed of our case by the Lords ; 

 for our strength against the bill lay in the general 

 demurrer which all men, in and out of Parliament, 



VOL. II. 2 B 



