d observe him;" so that it is quite
obvious, that the supposed Colonel Du Bourg went to the Marsh Gate, in
consequence of having been driven by the suggestion of Shilling. I
admit that Sandom, Lyte and M'Rae went there by their own direction; but
it is equally clear that Du Bourg went there in consequence of there
being no hackney-coach at the Bricklayers Arms, and in consequence also
of Shilling advising him to go there for the purpose of obtaining one.
The only circumstance therefore in the cause, which shews a coincidence
of plot between the one at Northfleet and the one at Dover, is this
circumstance respecting the carriages driving to the Marsh Gate; and it
will appear upon his Lordship's notes, as with reference to Du Bourg,
the going of Du Bourg to the Marsh Gate at Lambeth was purely
accidental.
Gentlemen, my learned friend, Mr. Gurney, was so aware of the necessity
of proving a connexion between these parties, that he stated another
circumstance; and I think, in the course of his address, those were the
only two which he adduced, for the purpose of shewing that there was any
fair probability that could lead the Court to believe that the person
assuming the name of Du Bourg, and Holloway, Sandom, M'Rae and Lyte, had
concurred in any part of this most scandalous transaction. My learned
friend stated, that he should shew an intimacy between Mr. Sandom and De
Berenger, when both of them were prisoners within the Fleet prison, and
that they became acquainted there.
_Mr. Gurney._ My learned friend has misunderstood me, I said they were
prisoners at the same time; that was the extent of my statement.
_Mr. Serjeant Pell._ I am very much obliged to my learned friend; I am
by no means disposed to mis-state him; I find he did not state it quite
so strongly as I had supposed, but the inference he meant to raise in
your minds, was, unquestionably, that both being prisoners at the same
time within the walls of the same gaol, it was fair to conclude,
considering the other parts of the case, that an intimacy had existed
between them. Now let us see how that part of my learned friend's
statement is made out.--Mr. De Berenger was unfortunately a prisoner
within the Rules of the King's Bench Prison in the month of February
last; he had been so for some time. I think it does not exactly appear,
with respect to Mr. Sandom, according to the evidence of Mr. Broochooft,
the officer, who was called for that purpose, when or for ho
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