272 ( M) Samuel Mitchell proceedingsdefend was indicted, for that he, together with three or more persons unknown, being armed with offensive weapons, were aiding and assisting in rescuing 900 pounds weight of tea, from the house of James Langley proceedingsvictim , in the parish of Totney in the county of Devon , the duty of which was due to his Majesty, and had not been paid nor secured, which had before been seized by Thomas Skinner < no role > and Richard Bays < no role > , February 25, 1766 . ||

Daniel Shafe < no role > and Nicholas Brooking < no role > , two land-waters at Dartmouth, having information of a large quantity of run tea, lodged in a barn in the parish of Harverton, on the 25th of February, 1766, went with Richard Viney < no role > , a waterman, and other assistance, and brought away the quantity mentioned in the indictment, and lodged it in the house of James Langly < no role > at Totney; in about ten days after the house was surrounded with men who came on her back, who obliged the people, for to prevent farther mischief, to open the door; some of them went in and took the tea out, and carried it away on their horses. Shafe deposed one of the seven or eight men that came into the house was like the prisoner, but would not swear to him. Brookey deposed the prisoner was one of the men that came in, but they offered no violence to nobody, neither could he say they had any instruments in their hands. The evidence not amounting to the charge in the indictment, he was acquitted .

(M) He was a second indicted for being armed an assembled, with fifteen or more at Heavytree in the county of Devon , in order to be aiding and assisting in the running of goods that had not paid the duty, and for unlawfully and riotously making an assault upon William Hunt proceedingsvictim , and John Crutchet proceedingsvictim , two officers of his Majesty's customs, in the execution of their duty, in seizing uncustomed goods , April 19. 1766 .

William Hunt < no role > . I am a custom-house officer ; having received intelligence of goods coming, I and three others went on the 19th of April to see for them; we divided: I and Crutchet went to Old Abbey. I saw several horses and men to the number of twenty and more, with oil bags, he was not; what happened to him I do not know; I believe most of the men were armed with large sticks, and whips; when I came up to them, having said nothing to them, one of them said, d - n your blood, what do you here at this time of the night; he struck me a violent blow on one side my head, so that my eyelid hung down; he knocked me down, and after that my horse was knocked down; and another person came and struck me two or three more blows; they asked me my name; I told them, and that I was an officer; my shoulder was dislocated, and not set till three weeks after.

Q. Did you attempt to seize?

Hunt. I did not attempt it, seeing the gang was so large.

John Crutchet < no role > . I am a tide man at Exeter: I saw several horses laden with oil bags; ing such a number, I said nothing to them, but past through them; as I was passing them, several of them struck at me, but more of them hit me; they said, d - n you, who are you, what do you do here at this of the night; me and several to behave were given to

Q. Did you after?

Crutchet. No, we them, we could have done nothing ber was so great; but we should be a rest of the company, in order elsewhere.

Thomas Gush < no role > . I was one of the; we all agreed together if there was should go share and share alike; that the the easier. We had all common whips, such as the smugglers generally ride with; some had sticks heavy at one end. The prisoner was with us, one of the company.

Q. What had the prisoner?

Gush. He had either a stick or a whip, I do not know which. As we were coming up to Old Abbey, I saw a horse come in without a rider: I took him by the rein and led him up to a man standing without a hat; it was Mr. Hunt, but at that time I did not know it was he. I held the bridle to him, and said here is your horse. I asked him who he was; he said his name was Hunt. He then said to me, Mr. Bowls, I thought you would not have served me so; (he took me for Bowls) he rides a remarkable horse; mine was such a one, and he took me for him.

John Downs < no role > . I was one of this gang of smugglers; there were about twenty in number, met together to run goods up the country. We came from Alderney, we crossed the Aix, and I was one of the foremost. I met two men, I knew not who they were. Soon after that I heard an alarm, but saw no blows struck, neither was I within 20 yards at the time; hearing an outcry, I looked and saw a man on the ground standing, but did not know who it was.

Q. Was Mitchell one of your gang?

Downs. Yes, he was, he belonged to the other party; there were two parties of us, we had joined.

Q. Did you know him before?

Downs. I did, I knew him well before.

Q. What instrument had you?

Downs. I had a little ash stick.

Q. What did you carry that for?

Downs. To protect myself against robbers and officers.

Acquitted .