150. + Edmund Henley proceedingsdefend was indicted with above twenty other Persons, for that he after the 24th of June 1736, to wit, the 14th of April last, at Northforeland, in the County of Kent , being then and there armed with, and carrying Fire-arms, and other Weapons, to wit, Blunderbusses, Pistols, Guns, Sticks and Clubs, feloniously did assemble themselves together, in order to be aiding and assisting in the clandestine running, landing and carrying away certain uncustomed Goods, (to wit) four thousand Pounds Weight of Tea, then imported here from Parts beyond the Seas, for which certain Duties were payable to his Majesty; to the Terror of the King's Subjects, to the Hindrance of his Majesty's Officers of the Customs, in the Execution of their Office; to the Diminution of the Revenue, against the Statute in that Case made and provided; against his Majesty's Peace, his Crown and Dignity .

Council. Please your Lordship, and you Gentlemen of the Jury, I am Council in this Cause for the King against Henley the Prisoner at the Bar, who stands indicted of a Felony for being armed, and carrying Fire arms, in order to be assisting in the carrying off of four thousand Pounds Weight of uncustomed Goods; this Indictment is laid as being against an Act of Parliament of the ninth of his present Majesty; this was laid to put a Stop to that infamous Practice of Smuggling that has prevailed over the Kingdom; we shall prove to you, that the Prisoner has been pretty well known for some Years past to be a very notorious Practitioner in smuggling; he is a Person that has went by the Name of a Captain among them.

The particular Fact upon which he now stands indicted was in April last, that he with about thirty other Persons were assembled at Northforeland, there they were armed with Fire-arms, Pistols and Blunderbusses; their Purpose in coming there was in order to assist, to be helpful in running and landing some Tea, that was brought in a smuggling Cutter, belonging to one King; they landed about four thousand Weight of Tea, loaded it upon Horses, and proceeded in a Body together; these People so armed went from the Place where they run this Tea, they kept in a Body together, when they were come to a Place of Safety, then they dispersed, and carried their Goods away to their several Places. Gentlemen, we shall prove that the Prisoner at the Bar was one of these Persons.

Council. I am Council for the same Side. Gentlemen, you all very well know the Necessity of publick Prosecutions of this Kind, 'tis a Practice of such a Nature, that the Consequences of it are so extensive and obvious, that there is hardly any Ocsion to mention them: it tends in the first Place to the Prejudice of the Fair-Trader, because these Persons not doing Justice to the Publick, are capable of selling Goods at an under Rate, and that Trader, that trades fairly and honestly, must be a Sufferer by this Practice.

In the next Place, it immediately tends to the Diminution of the Revenue, and that Diminution does not effect the Crown merely, but it effects the Subjects of Great Britain, because you all know the Duties laid upon those Sort of Goods, are appropriated to answer a particular Part of the national Debts; the Consequence is, if any Diminution is made upon them, the Legislator must lay new Duties upon the Publick, and it will effect every Man that is to contribute to them.

Besides, this Gang of Smugglers are grown to that Pass, that they are too big for the Law itself; every body knows what Riots, and Tumults, and open Violence in Contempt of the Laws of the Country, and indeed setting the civil Magistrate at Defiance; therefore Practices of this Kind call upon those entrusted with the Government of the Nation, to look closely into them, and, if possible, put a Stop to the Consequences that result from them. Gentlemen, you perceive by the Act of Parliament, it is an Offence of a peculiar Nature, not an Offence of running Goods, and defrauding the Crown, that has been provided by other Acts of Parliament; but the Legislature finding that these Fellows were got to that Pass, that it was almost impossible to detect them in the Act of running of Goods, because they were collected together in such formidable Banditties, that no body could detect them to the Satisfaction of a Jury; therefore the Legislature thought fit to take a Method for preventing this Practice, by anticipating, if I may so say, that Offence: This Act of Parliament makes the Fact of being assembled together armed, in order to purpose the running of Goods, it being an Offence to which the Law hath set a particular Punishment; therefore there was only that Way Left; they might be seen armed and assembled, but it was impossible for any body to pry into the Fact, to charge them with the particular Fact of running Goods. The Question upon this Indictment will be, whether or no we shall lay before you a satisfactory Evidence, that this Edmund Henley < no role > , who was so notorious in the County of Kent, that, according to my Instructions, he was Captain, and stiled Captain of one particular Gang; the Question will be, whether we can shew you, according to this Act of Parliament, whether he was actually assembled, with other Persons armed, in order to be assisting in clandestine running of Goods: It happens in this Case that there can be no doubt in the Evidence we shall lay before you because we shall not call Witnesses who were at a Distance, and might mistake the Person, but we happen to have one of the Confederates, who was actually concerned with him, who could not be mistaken with respect to the Prisoner, he being with him in Northforeland, in the County of Kent.

Q. to Richard Smith < no role > . Do you know the Prisoner?

Smith. Yes, Sir.

Q. How long have you known him?

Smith. Six Years.

Q. What has been his Employment?

Smith. Smuggling.

Q. Did you know him in April last?

Smith. I knew he was concerned in landing Goods at Northforeland; he there was with a Carbine and Pistol, at the landing of Goods from a smuggling Cutter, belonging to one King.

Q. What did they land out of that Cutter?

Smith. Tea and Brandy.

Q. Had that Cutter paid any Duty?

Smith. No.

Q. How many were there ?

Smith. Forty or fifty. I was there; I lived Servant with a Smuggler at that Time; there was one John Brown, and James Collin < no role > , and Thomas Winter < no role > , &c.

Court. We won't ask you particularly of them?

Council. What Quantity of Goods did they land?

Smith. Above thirty hundred, and he, the Prisoner, helped land them, and he had two Brothers down at that Time, and two drove Horses; he came away with us from the Beach.

Council. And he went away with these drove Horses?

Smith. Yes, he did.

Council. What was the general Title he passed by there?

Smith. He went by the Name of Captain at Folkstone; he went by the Name of the Captain of the Irish; that Gang was called the Irish Gang, and this Man was the Captain of them; they used to call him Captain Henley < no role > .

Council. Did you observe him with them ?

Smith Yes, he always was very grand, and shewed himself very high.

Council. Did he direct the others?

Smith. He always directed the Men he had under him; there were two Brothers he had.

Council. How long was you concerned in landing this Tea ?

Smith. About as Hour and half.

Council. Was the Prisoner there all the Time?

Smith. Yes, all the Time.

Council. Then this Folkstone is a pretty general Place of landing?

Smith. Yes.

Council for the Defendant. You say it was in April last?

Smith. It was on or about the 14th of April.

Council. What do you mean by about?

Smith. It was either the 13th or 14th of April.

Council. What Quantity of these Goods was there ?

Smith. About thirty hundred.

Council. What time did you meet the Prisoner ?

Smith. About Six o'Clock in the Evening.

Council. How long did you stay together ?

Smith. Till between Twelve and One.

Council. Where did he go afterwards?

Smith. I can't tell.

Council. I think you say you have known him six Years, has he followed no Business, no Shop-keeping Business?

Smith. I have been at his House.

Council. How long of your own Knowledge has he kept a Grocer's Shop?

Smith. I can't tell, I never was at his House but once; he used to come down to the Country.

Council. How long did you see him before he carried off these Goods?

Smith. About three Months before, he used to come down to his Brother's.

Council. Pray how far is this Northforeland from London ?

Smith. 'Tis as far as you can go by Land almost.

Council. I don't know that Country; Can you tell the Number of Miles?

Smith. It might be 100 Miles, four Score Miles to be sure.

Council for the Defendant. Did you see him any other Time before the 14th of April?

Smith. The Day before.

Council. You can't fix exactly whether it was the 13th or 14th of April?

Smith. I am sure 'twas the 14th.

Council. Have you ever made a Discovery of this before any Body?

Smith. Yes.

Council. You yourself was there among them?

Smith. Yes.

Council. You know there is a Reward? Don't you know that there is 50 l. belonging to you for discovering your Accomplices?

Smith. No.

Council. Where does the Prisoner keep this Grocer's Shop ?

Smith. I can't tell directly the Place?

Council. I now ask you whether you speak positively to the 14th of April? you say you parted the 15th.

Smith. We parted the 15th when we came up into the Country; we parted in Hatfield.

Council. How many were assembled together at the Time that you parted ?

Smith Seven or Eight of us.

Council. Had you Tea then?

Smith. Yes, all of us were armed, and had Tea.

Court. Had he two Drove Horses?

Smith. Yes.

Court. Who took Care of these Horses ?

Smith. His Brothers; he rode before, and paid the Reckoning at the Houses where we called; paid the Reckoning for his Brothers and the other Men.

Richard Shaw < no role > . I keep the Hand and Arm in Barnaby Southwark < no role > .

Council. Do you know the Prisoner at the Bar?

Shaw. Yes.

Council. How long have you known him?

Shaw. For two Years; about two Years ago I sold him a House.

Council. Do you recollect seeing of him in any particular Day in April last ?

Shaw. He bought a Horse of me on the 10th of April; and he came the 14th of April, and took him away.

Council. At what Time of the Day did he come?

Shaw. I can't particularly say, it was a great while ago; I believe it was before Dinner; he went out upon the 14th, and came in the 15th.

Council. Did he go on Horse-back, or was it a Chaise Horse?

Shaw It < no role > was a Chaise Horse, but he rode on Horse back; and one of the two Days I lent him a Sum of Money.

Council. Have you any particular Reason for it ?

Shaw. No other Reason but from the Date of the Book; I am satisfied he was there upon the 14th.

Council. What Time might he come back on the 15th?

Shaw. I don't recollect the exact Time.

Council for the King. What Sort of a Horse was it you sold to him two Years ago? it was a good strong Horse, I suppose, fit to carry a Burthea ?

Shaw. Sir, it was fit to carry me.

Council. You say one of these Times that he came to you, you lent him a Sum of Money; how does that appear?

Shaw. Because I had it, or I could not have let him have it.

Council. You say he came the 10th, and on the 14th; was it upon the Day he went out; or the Day he came in, you lent she Sum of Money? Can you produce that Note?

Shaw. No.

Council. If I understood you, he bought the Horse of you the 10th of April, and you say that Horse was taken away the 14th, do you speak this of your Memory or Book?

Shaw. From my Memory and Book.

Council. When did you look upon your Book, to refresh your Memory?

Shaw. I can't say, perhaps it might be two Months ago, I was overhalling of them.

Council. Have you not looked at those Entries these two Months ? when did you see them?

Shaw. It might be six Weeks or a Month ago; I can't be punctual to the Day.

Council. I ask you whether you have looked within this Month?

Shaw. Yes, I have.

Council. How came you to say two Months ?

Shaw. If I have looked upon them within this Month, I have within two Months.

Council. True, but you might have brought it a little nearer.

Shaw. I believe I have looked upon these Entries within this Week.

Council. I ask you whether you speak from your Memory or these Entries ?

Shaw. I speak from my Memory and these Entries.

Council. Can you speak from your Memory without referring to your Book, of his being at your House the 14th of April ?

Shaw. I believe I can without referring to the Book.

Council. Now I would ask you whether there is any Entry of this Horse the 14th of April, and who it was delivered to?

Shaw. It was delivered to Captain Henley < no role > .

Council. Oh, Sir, I did not understand, then he belongs to some Regiment; he was a Horse Officer; he had a Number of Horses of you, had he not? here was the Chaise Horse, and another, you sold him; so he is a Captain, I thought he had been a Grocer?

Shaw. He was called Captain at our House.

Council. What was the Chaise Horse worth?

Shaw. Twelve Pounds.

Court. By whom was the Horse brought the 10th?

Shaw. He brought the Horse himself, and had him on the 14th.

Jonathan Butson < no role > . I live in Barnaby-street. I am Servant in the last Witness; I have lived with him about a Twelve Month.

Council for the Defendant. Do you know the Prisoner? Tell what you know of that Matter; upon what Account did he use your Master's House?

Batson. He bought a Horse of us the 10th of April.

Council. How long did it stand in your Master's Stable?

Batson. It stood till the 14th; he came to look at it between the 10th and 14th, to look at it once or twice; the 14th I got him a Chaise, and he went out and came in the 15th.

Council. How long did the Horse stay in your Stable afterwards ?

Batson. Till the 18th.

Council. Is that writing in that Book your own writing ?

Batson. This is my true Account.

Council. When did you write that down?

Batson. I wrote it when he came in.

Council for the King. Will you take upon you to say, that every Entry that is made there is your's; that you wrote this upon the and 14th of April?

Batson. Yes, Sir.

Council. Do you use constantly to make an Entry of every Horse that comes in ?

Batson. Commonly.

Council. How came it in your Book ? There is no Notice of any thing in your Book from February to April. You say, you came in February; there are Entries made to July; then comes an Entry in another Hand, in October and November: Then you go back again from April the 10th; you have Captain Henley's Court, as you express it.

Q. to William Lepard < no role > . How came that Note in your Hand ?

Lepard. It was given me by the Prisoner; and I went to the Gentleman, Mr. Riley, and he accepted it; he said it was his Note.

Council. When did the Note come to your Hand ? Was there any Debt owing to you?

Lepard. He owed me about eight Pounds for Goods sold

Council. Why is not Mr Riley here?

Lepard. He is ill a-bad, or he would have been here?

Council. It should be proved, that the Note was given by Mr Riley that Day; this Note might have been signed at Northforeland, as well as London. Have you been with Mr. Riley this Morning?

Lepard. Yes, Sir; in order to be a Witness.

Council. What is the Reason he gives why he does not come?

Lepard. That he is very ill, he is in a Sweat a-bad; he attended here all Day yesterday.

Council. Do you know Mr. Riley's Hand-writing ?

Lepard Yes, Sir?

Council. Mr. Riley must be a very odd Man not to pay a Note of five Guineas in a Year's Time. Does this import the Time when he gave it. You produce it as a conclusive Evidence, that on the 14th of April the Prisoner was in Town; which I can by no Means admit of; that Note might have been signed at Northforeland, as well as at London.

Q. to John Harrison < no role > . How long have you known the Prisoner?

Harrison. I live by the Seven Dials. I have known him four Years.

Council. Was he a Customer of your's.

Harrison. Yes, Sir.

Council. Do you remember seeing of him at any Time about April last?

Harrison. I am a Peruke maker; he bought a brown Bob Peruke < no role > of me; at the Time when I carried the Wig home, I think it was about the 12th of April.

Council. What Day did you carry the Wighome ?

Harrison. I can't be positive at in the Day: but by carrying a Wig to fit a Person that came from Newmarket Races.

Council. Can you tell how near the 15th of April?

Harrison. I tell you, Sir; I looked in the Almanack; yesterday. Morning, and see the Time of the Race was about the 13th of April; it was about the 12th or 13th of April: it was the first or second Sunday, I can't tell which.

Council. Did you see him the Day after you delivered the Wig.

Harrison. I think I did.

Council for the King. So the Prisoner bespoke his Wig a Week before the Person that came from New-market Races. I understood at the first that the Prisoner bespoke his Wig one Day, and the, Gentleman the next.

Harrison. It might be a few Days I can't be positive.

Council. Was it not two or three Days before this Person came up from the Races at Newmarket ? I don't know whether you are acquainted with New-market; because I believe their Races hold the whole Month of April

Court. Are you positive you saw the Prisoner the Day after the Wig was delivered?

Harrison. I am pretty positive of that.

- Kelley, the Lawyer. It was but yesterday Morning I looked over my Book cursorily, to see if I could find any Entry or Transaction with the Prisoner on the 14th of April; he called on me in the Morning, my Wife being advised by her Physician to go into the Country for the Air, I asked him about a Chaise, and he recommended me to the Red-lion in the Borough; there we had a Pint of Wine: He lent me his House almost every Night, and I returned again in the Morning: I believe, upon my Oath, I saw him almost every Day; he dined with me, he and his Wife, the first of April. I believe I saw him the whole Month of April.

Council. Can you be very sure the Defendant was with you at the Red-lion?

Kelly. He was, to the best of my Memory; and it was upon his Recommendation that I went to hire the Chaise.

Council. Can you remember who else was with you?

Kelley. I believe the Man of the House was there.

Q. to Aaren Cappadocia < no role > , Esq: Do you know the Prisoner?

Mr Cappadocia. I know him to be a very honest Man.

Council. How long have you known him?

Mr. Cappadocia. About three Years. I know nothing more than as honest Man, industrious if I could serve him I should be glad to serve him, because I believe him to be an honest Man.

Council. What Business is he?

Mr. Cappadocia. A Grocer. If I want my thing at my House, I have it of him: If it was five or six hundred Pounds, he should have it for any Time.

Council. Where do you live ?

Mr. Cappadocia. I lived in Cavendish square; from thence I have moved again to the City: I went to the other End of the Town for my Health.

Council. You did not live nearer to the Prisoner than Cavendish street ?

Mr. Cappadocia. I lived in Broad-street.

Council. How come your Acquaintance?

Mr. Cappadocia. I can't recollect that.

Council. I want to know whether you did meet him often or not, or whether you only knew him as a Grocer, serving your Family; what Title did, he go by at your House ?

Mr. Cappadocia. Mr. Henley.

Q. to Benjamin Axford < no role > . Where do you live?

Axford. I live in Wood-street.

Council. Do you know the Prisoner at the Bar?

Axford. Yes, Sir, I have known him eight or ten Years, and he always had a good Character; I have sold him a great many Goods, and he always paid me very honestly; he dealing Cloth.

Council. He is a Grocer, is he not; how came he to deal in Cloth?

Axford. From Holland he brought over Irish-Cloth.

Council. Did he deal in Tea ?

Axford. I have sold him Tea.

Council. Did you never buy Tea of him?

Axford. Yes, I have bought and sold him Tea.

Council. Did you hear of his being a Smuggler?

Axford. I have heard of it formerly.

Valentine Husband. I have known the Prisoner about three Years, the Man always behaved very well in the Neighbourhood.

Council for the Defendant. Do you believe him to be an honest Man, do you think so?

Husband. Yes.

Council for the King. Do you believe him to be a Smuggler, Sir.

Husband. Sir, common is not to be regarded.

Q. to Jacob Pruser < no role > . How long have you known him?

Pruser. Between three and four Years.

Council. What Business are you?

Pruser. A Sugar.

Council. What is his general Character ?

Pruser. An exceeding good Character as any one in our Neighbourhood; he has bought Goods of me, and paid me honestly; I have given him Credit and he has paid me honestly.

Council for the King. Did you ever hear he was suspected of Smuggling?

Pruser. The People will report Things.

Council. The People will report it.

Christopher Pearson < no role > . I have know the Prisoner five or six Years, I never had any Conversation, with him with Regard to his Trade; he has bought of me several Parcels of Linen, sometimes ten, sometimes fifteen, sometimes twenty Pounds worth; he has in that Respect behaved very honestly to me.

Council. Did you never hear he was suspected of being a Smuggler?

Pearson. No, Sir.

Council. Do you live near him?

Pearson. I live in Wood street.

Q. to - Setretaree. What Character does the Prisoner bear among the People that you know?

Setretaree. He has the Character of a very honest Man.

Council. Is he a Captain, pray?

Setretaree. I never heard he was called Captain, or counted a Smuggler.

Q. to Jasper Smith < no role > . How long have you known him?

Smith. Seven Years; he lodged at my House six Months.

Council. What is his general Character?

Smith. A very good one; I have bought Pieces of Cloth of him, and I have bought Cheese and Butter of him.

Peter Dean < no role > . I have known him ten Years; I have laid out many a fair Pound with him.

[As Richard Smith < no role > was the only Witness called to support the Prosecution. Thomas Staples < no role > and William Thomas < no role > were called upon to Smith's Character]

Q. to Thomas Staples < no role > . How long have you known Smith?

Staples. For two Years and an Half?

Council. What is the general Character that he bear?

Staples. As to that I can say but little, one way or another, but he is not a Man that ever I had a great Opinion of.

Council. I ask you upon your Oath, whether he is a Man to be credited ?

Staples. I rather think he is not.

Council. What is the general Character of Smith in his Neighbourhood?

Staples. Not a very good one.

Council for the King. I suppose not a very good one, because he appears an Accomplice with these Smugglers.

Staples. I believe once, Sir, he stopped a Man upon the Highway, and took a Watch from him.

Council. Was he ever prosecuted for it? was you concerned with him?

Staples. No, Sir.

Council. How came you to suspect it then?

Staples. Because he brought it to me; he told me to the best of my Knowledge, that he had taken a Watch from the Man, or he gave it him, I cannot say which, he told me it belonged to a Gentleman whose Name was Hammon.

Council for the King. Then if I understand you, the Man had given you the Watch; why surely you could not be a Man of so bad a Character, that any Man would come to you, and tell you he had stole a Watch, and offer it to you?

Staples. The Reason that he did it, he offered the Watch to another Man before he came to me; he brought it to me to send it to the Gentleman the Owner.

Council for the King. Now you and I differ very much; that seems to be a very honest Act to return the Man the Watch: Then you would insinuate from this round about Story, that this Man stole a Watch; and you having such a Character in the Country, that you was a proper Person to bring stolen Goods to: This is the History of you and your Neighbourhood.

Staples. I keep a Publick-House, rent 177 l. a Year; and likewise keep a Turnpik.

Q. to William Thomas < no role > . Do you know the Witness. Smith? What is his general Character?

Thomas. He has a very bad Character, he robbed Mr. Hammon.

Council. Do you know that he robbed Mr Hammon ?

Thomas. No, but I saw the Goods upon him, and he owned it.

Council. Is he a Man to be credited?

Thomas. No, he is a Fellow of a very bad Character.

Council. Do you believe the Witness to be a Smuggler?

Thomas. Yes.

Council. Don't you think then he was acquainted with the Smugglers? Don't you believe he can tell the Truth who was a smuggling with him? So because you know him to be a Smuggler, you don't think he is to be believed, because he says any Body else is so; as he enters so particularly into the Character of the Witness, we shall give an Account of this honest Gentleman, the Prisoner, that we fancy may not be entirely to his Satisfaction.

Q. to Thomas Care < no role > . Are you acquainted with the Prisoner at the Bar?

Care. In March, or April last, was the first of my particular Acquaintance with him.

Council. What Character did he bear?

Care. He was counted a Smuggler.

Council. Did not your Acquaintance with him begin upon that Account?

Care. I never did smuggle with him; I have been a Smuggler myself; he was counted a Smuggler.

Q. to Henry Pile < no role > . Do you know the Prisoner? What is his Character with relation to smuggling, and running of Goods?

Pile. He has a great Character for smuggling, and running of Goods: I have had Informations against him.

Council. What are you?

Pile. I am an Officer in the Customs.

Q. to George Walker < no role > . Are you acquainted with Shaw, that keeps the Hand and Arm in Barnaby-street? What Character has he?

Walker. I had an Information against his House; I can't tell any otherwise.

Council. What are you?

Walker. I am an Officer of the Customs: I had an Information against his House; but I found nothing.

Council for the King. I must beg your Lordship, and Gentlemen of the Jury, to take notice that the Fact we charge the Prisoner with, is sworn directly and positively by an Accomplice with himself, who could not but know whether he was or was not there, let his general Character be what it will, in the Manner of his dealing with other People; there is plain and direct Proof the Prisoner is guilty of this Fact, whatever other People believe of him, that are his Friends and Neighbours. The Defence they have set up is, that he was in another Place at the Time when he was concerned in the landing of these Goods: For that Purpose they have produced one Shaw, who tells you he keeps a Publick house in Southwark; that he has kept the Publick-house for three Years, and he has known the Prisoner for two Years; he sold him a Horse, and upon the 10th of April last he bought a Horse at his House; he went out the 14th, and back again the 15th of April; and, to confirm this, he appeals to his Stable-keeper. But observe, that he himself tells you, that the Prisoner is a Captain; he passes among themselves and his own Friends by the Name of Captain, when he is in no Regiment.

You see, Gentlemen, that he deals in Horses with this Man pretty much: This Account that the Man himself gives of his House, pretty much corroborates what by the Witness we called to the general Account of it. Shaw, he believes it to be the 14th of April, from his Book, and his own Memory; he plays backward and forwards, with relying upon one and another: In this likewise he tells you, he went away from his House in the Morning before Dinner, and came back again the 15th.

To corroborate him, comes the Hostler and the Stable-book. The Hostler tells you, he knows the Prisoner, but he has not lived above Twelve Months in the House: He entirely grounds himself upon his Stable-book, where he had entered, Captain Henley < no role > came there the 10th: The Entry is produced, I wish you would look at it; because I think it is difficult to make any thing by that Entry, it comes in very oddly. But, Gentlemen, he contradicts his Master. In another Part of his Evidence, he tells you, it was not till the Afternoon, the 14th of April, he went away. It is not impossible, but that a Man might be in Southwark in the Morning the 14th of April, and a smuggling the 14th of April too. The Master says he went away in the Morning, the Hostler in the Afternoon; and he builds the whole of his Evidence upon what he finds upon an Entry in his Stable-book, which may answer any Purpose he may apply it to; for I believe fearce any Man in the Kingdom can understand it. As to the Note Mr. Riley is said to give to Mr. Henley the 14th of April; he produces no Sort of Evidence; they could not make it Evidence; the Gentleman that gave it does not appear: Supposing it might be dated the 14th of April, it might be at Northforeland, as well as at another Place; so that Evidence is to have no Place at all.

The next Person produced, he tells you he is a Peruke-maker. Some time in April last the Prisoner bespoke a Bob-wig of him; which Bob wig he delivered to him; the same time he received Orders to make a Wig for another Person: He says the first was in April, and, as near as he can guess, it was about the 12th. The Circumstance upon which he would pin this upon that Time of the Month is, that this other Person came from Newmarket Races, and what he grounded his Assertion upon, was his looking upon the Almanack; but he does not tell you why he is apt to believe that Person was come from the Races: If he came from the Races, he must come from the Races before the Races began: He speaks positively to nothing at all; he does not fix it certain to any Day.

The next Witness, Mr. Kelley, he has looked over his Book, as it is very natural for him to make Entries: all he says out of that Book is, that he went to the Red-lion to hire a Chaise; he finds he was at the Red-lion the 14th of April; there he spent a Shilling: There is no Entry that Mr Henley was there with him; and if Mr Henley was there with him, it would be very material, if they could prove positively, that he was at the Red-lion that Day: Mr Kelley is induced to believe Mr Henley was there with him.

This is the only Evidence set up in Defence by the Prisoner, and these, by collecting of them, don't exactly tally one with another; these Circumstances, so connected together, don't seem to have any natural Cohesion at all; but these are the Circumstances to take off the Weight of a positive Evidence of a Person that was aiding and assisting in his Company. The Evidences they have called, I don't impeach their Characters at all, that he has had Dealings with them, and he has paid for what he has bought of them; and therefore, upon their Dealings, they have no reason to suspect but he is an honest Man: All that being allowed, it does not prove, he does not smuggle: And especially most of these Gentlemen, when they came to be asked, could not but acknowledge that he had the common Reputati on of a Smuggler. Now common Fame is no Proof; but common Fame will produce a strong Suspicion upon a Man, when he is charged with a positive Fact.

What they have farther attempted, was to impeach the Character of a Witness called for the King. This they have done by the Oath of one Man, who tells you, that he don't think this Man upon his Oath is to be believed, because he brought him a Watch, that he said a Gentleman had gave him, and that he did not believe it was rightly come by; and Smith, the Witness, wanted him to send it to the Gentleman that it belonged to.

Now that, Gentlemen, I will leave for your Consideration, whether there is any Foundation to imagine that can be a Reason why the Man may not be credited upon his Oath.

The next, Mr. Thomas, he tells you he don't know Smith's Face, but he knows his Actions; he has a Hearsay, but he can't tell upon who, for he don't know his Face; and he believes this Man was capable of some particular Fact, and which, if true, he must try after another Manner; and this is his Ground, why this Man, that he never saw his Face, is not to be believed. These are Facts to take off the Weight of what we have laid before you on the Behalf of the Crown; you know the Danger of these Kind of Practices, and I hope you will give your Verdict accordingly.

Acquitted .