“_This was the whole of the Evidence given by him in Court in the cross-examination great stress was laid upon his positive manner of swearing to Major Disney in disguise upon the transient view which by his own account he had of him, and under the circumstances of terrour and confusion which such an appearance must have occasioned; to which he answered that he had time in the hall before any blow was given to take a distinct view of him, and that he actually did do it, and tho’ it was true he had a crape over his face, yet it was tied so close that he discerned the features and Lineaments of it very perfectly and that he was positive it was Mr. Disney, of his dress other than the crape upon his face he could give no account, and then he was questioned if he had not often declared that he knew nobody but upon slight surprise he said that he remembered Mr. Disney perfectly the next morning, but that he mentioned him to nobody but Mrs. Walker, charging her at the same time to conceal it, because he thought he had suffered by her in discretion in mentioning the name of another Person whose influence with People in Power had prejudiced the inquiry which was then making into the affair._ “_Mrs. Walker confirmed all the circumstances of their manner of coming in & swore as directly to Major Disney, that Lieut. Hamilton (as she did for some time believe but has since had occasion to think she was mistaken) was the first that entered that she saw Major Disney among a Groupe of figures very distinctly with a crape over his face and dressed in a Canadian Cotton Night Gown._ “_Magovock went thro’ his story as contained in his affidavit a copy of which has been transmitted to your Lordship, not without a manifest confusion of his countenance & a trembling in his voice common to those who have a consciousness that they are telling untruly, & a fear of being detected--his cross examination took a great deal of time in the course of which he contradicted all the other witnesses & himself in circumstances so material that I am persuaded he was not himself present at the transaction._ “_Major Disney proved by several witnesses, Dr. Robertson, Madam Landrief, Madam Campbell & Mrs. Howard that he spent that afternoon from 5 till ½ past 9 when he was sent for by Genl. Burton (he being town Major, upon the uproar that this affair had occasioned) at the house of Dr. Robertson--it was a particular festival with the French of whom the company was mostly composed, that he danced ’till supper time with Madam Landrief in the midst of which Genl. Burton’s servant came & called him out--they spoke all very positively to his being present the whole time & the impossibility that he could be absent for 5 minutes without their knowing it._