660. JOHN MARTIN otherwise SHELEY proceedingsdefend was indicted, for that he, together with one WALTER CROSS proceedingsdefend , JAMES BELL proceedingsdefend , JOHN WILLIAMS proceedingsdefend , WILLIAM BELL proceedingsdefend , WILLIAM STONE otherwise QUIN proceedingsdefend , and BENJAMIN SAVORY proceedingsdefend , being persons of malicious minds and dispositions, &c. after the 1st day of October, 1784, to wit on the 4th of April last, then being on board a certain vessel called the Happy-go-lucky, about two miles from Penzance in Cornwall , with certain guns, to wit, four guns loaded with gun-powder and iron balls, maliciously did shoot at the Hawk lugger, then being in the service of the King .

A second Count, The same as the first, only adding that the lugger called the Happy-go-lucky was within two miles of the coast of Great Britain.

A third Count, For shooting at Edward Williams proceedingsvictim , one of the officers of the customs .

A fourth Count, For that he, being on board the Happy-go-lucky lugger unlawfully did shoot at the said Edward Williams < no role > , being on board the Hawk lugger in the execution of his duty, within four leagues of the coast, near Penzance, against the statute.

A fifth Count, For shooting with one gun at the Hawk lugger, being within the limits of the port of Plymouth, against the statute.

A sixth Count, Charges him with being in company with the other aiding, abetting, and assisting Walter Cross < no role > in shooting at Edward Williams < no role > , being an officer in the execution of his duty; and several other counts, varying the distance that the ship was supposed to be from the land.

The indictment opened by Mr. Litchfield.

The case opened by Mr. Attorney General.

Gentlemen, I am extremely sorry that I am obliged, by the duty of my office, to bring two indictments in the same sessions, but so it happens; and this is an indictment founded on an act made in the last sessions of parliament. It was thought necessary to enact, That if persons shall endeavour to resist revenue officers with a degree of force which especially denotes the intention under which they act, that although such resistance may not occasion murder, yet it shall be a capital offence: Under these circumstances I think I need not take up your time to shew either the wisdom or the necessity of this regulation; I shall leave it to your own breasts and considerations: it will be sufficient for me to state the law; - it will be for you to decide whether the prisoner falls within that law or not; - I shall then have discharged my duty, and I doubt not but you will discharge yours. Gentlemen, two years ago it was necessary to pass the following law, 24th George < no role > the third, chapter 47; by that act custom-house vessels are authorized, provided they have the common ensign hoisted to denote who they are, in case any vessel shall not come to on their demand, to fire on that vessel; and on the other hand it is enacted, that if any person, being on board or on shore, shall maliciously shoot, &c. (reads from the act) or within four leagues of any part of the coast thereof, &c. shall suffer death as a felon, without benefit of clergy. The charge on this indictment is, that the prisoner at the bar, Walter Cross < no role > , and several other persons, were on board the Happy-go-lucky lugger, about two miles from the coast of Penzance, and fired on the Hawk lugger; another charge is, that they did it within four leagues of the shore; another charge is, that they then and there maliciously and feloniously shot at Edward Williams < no role > , who was the commander of a revenue vessel; another charge is, for having committed it within four leagues of the shore: There are other counts charging the prisoner with aiding and assisting others to shoot: I need not state the law on this subject, every person who is present at the action, although he himself is not an individual actor, yet if the mind goes along with them, and they are assembled on a felonious purpose, and a felony is committed, he being present countenancing the transaction is guilty, as if he was actually the person that fired. Now the evidence is this, on the 4th of April last, the Hawk and the Lynx, two revenue vessels, were stationed at the port of Falmouth, and about six in the morning they saw the Happy-go-lucky riding at anchor about two miles from the shore, and from Penzance; as soon as ever she discovered them, she immediately hoisted her gib fail, and stood towards the Land's end; and the Hawk and the Lynx having their colours hoisted, though that is not required in this count of the indictment, but I should think fairly myself, that unless the vessels had that about them, it would be too much to say that they were within this act; however, these two vessels had their colours hoisted, but more than that they were perfectly known to the smugglers, as well as you Gentlemen are to each other; upon their endeavouring to escape, the two revenue vessels crouded fail and gave chace, they immediately prepared for an engagement, as has been too usual, like two enemies; accordingly between seven and eight they got within hail of the smugglers, and then Williams, who commanded the Hawk, hailed them twice, and ordered them to bring to, or that he would fire upon them; upon which refusing, and no answer, two muskets were fired, no answer was returned but this, a general volley of fire-arms from the smugglers, and afterwards a broadside, and immediately after a skirmish ensued, which ended in the loss of the lives of some of the smugglers; I do not find any of the king's officers were killed; they fought the Hawk for three quarters of an hour, and the Lynx ran in between them, and having a broadside from the Lynx which I believe killed their captain, they wore off; this ship had on board swivels, blunderbusses, half pikes, muskets, and in short was a ship completely armed for the purpose of resistance; the commander of this ship, and the mate, had both fallen in the action; there were no less than thirty-five of the crew, of which the prisoner was one; they were all committed to the castle, from which all of them but one, who is an evidence, made their escape, either by neglect or roguery of the soldiers, in a night of two after their imprisonment, and it was not till lately we could apprehend the present prisoner; whether they are gone to Guernsey, I cannot say, and perha ps we shall not be able to take them without the laws are better enforced, for which party is the strongest is at present a doubt. I shall call to you one Cotton who will tell you that the prisoner, and he, and thirty-three others, were a crew of smugglers; that they left Guernsey on the 31st of March, and effected the landing of some brandy on the first of April; and in short, that an action began in which every one of the crew took a decisive part. Gentlemen, this man will appear in the light of what the law perhaps may consider an accomplice.

Mr. Fielding. My Lord, as Mr. Attorney General states that this man may appear to be an accomplice, and as it is at present uncertain whether it will be permitted Mr. Attorney to call him or not, (for it will depend on the circumstances that shall be proved anterior to his evidence) I hold it improper for him now to state what that evidence will be to the jury.

Court. The counsel for the crown have certainly a right to open the case.

Mr. Fielding. To open every part of their case saving that which may be subject to doubt.

Mr. Attorney General. Your lordship will give me credit, that I should not have brought a case upon the credit of an accomplice only.

Mr. Fielding. You are a man whom I extremely respect, but it is my duty.

Mr. Attorney. I say this man would stand in such a predicament that his evidence ought not to convict any man, but, Gentlemen, I shall call to you witnesses who were on board the revenue vessels, who will tell you the manner in which the smugglers fought, and the manner in which every one was engaged on the ship's striking. Gentlemen, although some Judges have been of opinion that it is the best way not to begin with the accomplice, I believe none have yet determined that you cannot begin with him, and many very learned Judges have permitted such a person first to be examined, leaving it to the good sense of the Jury not to give him any credit unless he is confirmed; therefore it is totally immaterial to me with whom I shall begin; I am to prove this battle, and this firing, the prisoner's being present and assisting; which if I do I shall have discharged my duty to the public, and then I am perfectly easy what the event may be: I shall leave the prisoner in the hands of you and my Lord; you are the Jury who are upon your oaths; and I shall be more happy if it be possible that this prisoner shall prove himself to be innocent, than if he shall appear to be guilty, as I fear he will.

JOHN DOUGLASS < no role > sworn.

(Examined by Mr. Solicitor General.)

I was mate of the Hawk in April last; I was on board the 4th of April last, about five being off the Lizard, in company with the Lynx; we saw the Happy-go-lucky, lugger, laying under Mullion Island.

How far is that from the shore? - About half a mile.

At what distance was the Happy-go-lucky from the shore? - About a mile and an half, or two miles.

Do you think she was three miles? - No.

You saw her in this position? - Yes, she was laying at an anchor; we then hoisted our revenue colours; as soon as she perceived us, she cut her cables and made sail, and stood to the westward, we immediately crowded all the said that lay in our power and gave chace to her; about a little before seven we came near to her.

What is the force of the Hawk? - Fourteen guns.

What size? - Six pounders.

When you came pretty near her what past? - We hailed her several times in order to bring he to, on purpose to send our boat on board her.

Did you receive any answer to your hail? - No, they paid no regard to it; the first mate that commanded the vessel at the time, ordered two muskets to be fired; I was present.

What is his name? - Edward Williams < no role > .

What was the purpose of firing these muskets? - To bring her to.

Did she then bring to? - No, she paid no regard.

What was your next step? - In a few minutes we came a little nearer her.

How near? - Within pistol shot or thereabouts.

What did you do next? - We observed the guns all pointed aft, and the men all under arms.

What does the guns being pointed aft mean? - Ready for action, and the people were all standing by them with their matches ready for a broadside.

What passed upon this? - As soon as we came up along side of her; the action began; I cannot say which fired first.

How long did the action last? - Near about an hour.

How did you come to a conclusion? - The Lynx lugger came up between the Happy-go-Lucky and the Hawk, and fired a broadside, into the Happy-go-Lucky; immediately the people on board the Happy-go-Lucky made a motion with their hands, that they would strike.

How did you dispose of her after she had struck? - They sent a boat on board of her from each vessel; the action lasted for about an hour; I cannot say within a few minutes; I did not go on board till the ship came into harbour; part of the prisoners were brought on board of the Hawk; I was present.

Was the prisoner at the bar one? - Yes, he was; I know him very well; I am sure he was one.

Did you go on board the vessel when she came into harbour? - Yes.

What number of guns did she carry? - Ten guns.

Ten carriage guns? - Yes, and a parcel of swivels, and muskets, and harpoons, and boarding pikes.

What ammunition? - All sorts, and a very large quantity.

What was the number of the prisoners? - I cannot say how many, I saw fifteen of them in the castle together; but I do not know the number of them.

Do you of your own knowledge know how they were disposed of after they were got on shore? - I saw them put into Pendennis castle; I did not see the prisoner put in, but I saw him there; I cannot say how long he was confined there.

Mr. Fielding. Between the Lynx and your vessel you gave the smuggler a pretty good dressing, how many men were killed? - I heard there were two, the captain and the mate; the name of the captain was Thomas Willard < no role > ; I do not know the name of the mate.

Did you know them before? - Yes.

This captain was a desperate fellow, was not he? - Yes.

Did you find any smuggled goods upon her? - I did not go on board her; she lay along the shore.

How far had you chased her from the place you first discovered her before you had an opportunity of hailing her? - I suppose it might be seven or eight leagues before we had an opportunity of hailing her.

How long did you chase her? - About two hours.

Jury. Cannot you recollect which fired first? - I cannot because we were so close together.

Mr. Fielding. Then all you can answer is, that at the time you fired your guns from your vessel, there was a fire returned from theirs? - I cannot say which fired first.

If they had fired first you must have seen it of course? - I do not know whether we could or not.

When you first discovered her I suppose you wanted to get as near her as possible? - Yes, they knew us as soon as they saw us; we intended to get as near as possible; we kept up a pretty brisk fire; I cannot say what ammunition we expended; we had no men killed on board of us, but it was not for the want of their good will; I heard there were thirteen or fourteen wounded on board this vessel.

Did you know the mate of this vessel? - I did not.

You do not know how many men they carried? - No, Sir, I cannot say.

You had an opportunity of boarding her soon after she came into the harbour I take it for granted? - I had not, Sir.

How far were you at the time this action began from the port of Penzance? - We were in the port of Penzance at that time; It was a clinch work built ship, it had a running bowsprit.

Mr. Fielding. Do you know that of your own knowledge? - Yes.

Jury. Did you ever chase this vessel before? - Yes, and fired at her.

JOHN FOOT < no role > sworn.

Mr. Wilson. Was you on board the Hawk revenue vessel on the 4th of April? - Yes; at five in the morning I saw the Happy-go-lucky, we were off the Lizard; she was laying under the islands; we made towards her from the Land's-end; we were about two miles or a little better off her, she cut her cable and made fail towards the Land's-end, which was directly from us; we hoisted our revenue colours and made fail after her, we came up to her about seven; we hailed her first to bid her bring to.

Did she regard that hail? - No.

What did you do then? - We fired a musket, she paid no regard to that, we fired another.

Did she bring to then? - No.

What did she do? - She kept on still, and when we got nigh hand to her, she fired two guns, to the best of my knowledge.

Court. She fired two guns at you? - Yes, that was just as we got abreast of her.

What distance might you be from her? - I suppose about a pistol shot, hardly so much.

Could you see or observe what they were doing on board? - Yes, they were making every thing ready for action.

What do you mean by making ready for action? - Every man to his quarters; when she fired two guns, we poured in a broadside, and she continued firing as fast as she could, and we continued firing.

A regular engagement? - Yes.

How long did it last? - I suppose it lasted pretty near an hour.

What is it that was fired? - Great guns, small arms, and swivels.

Had you any swivels? - No, Sir, the swivels were fired from the Happy-go-lucky; then the Lynx came in between us and fired a broadside upon them; then she immediately struck.

Upon her striking, did any body go on board her from your ship? - No, not then.

Did you go on board at any time? - I went on board after she went into the bay.

Were any of the crew brought on board of your ship? - Yes.

Court. There were no men sent out of the Hawk at first? - No, they went from the Lynx, three men.

How soon after were the prisoners brought on board the Hawk? - About half an hour.

Who brought them? - I do not know; there were eight or ten brought on board the Hawk.

What became of the rest? - Some were put on board the Lynx, and some left on board till we got into the bay.

Look at the prisoner, was he one of them? - Yes, he was brought on board the Hawk; I saw him afterwards when I went on board the Happy-go-lucky; he was left on board the Hawk; he was brought into Falmouth in the Hawk; I did not see him after till he was put away from the vessel; I heard he was put with the rest of the prisoners in Pendennis castle; she run athwart us first.

What guns did she carry? - Eight fours and threes, as we suppose by the size, and two short nines, besides many swivels, and boarding pikes.

Did you see any ammunition on board? - Yes, small shot.

A great deal of shot and powder? - Not so much powder as shot.

What sort of a built vessel was she? - A clinch bottom vessel.

What sort of a bowsprit? - It runs in and out.

At first you say there were three men went from the Lynx on board her? - Yes.

Who brought the prisoners from her to your ship? - I cannot say.

Jury. Had you ever seen the prisoner before he was brought on board the Hawk? - Yes.

Mr. Fielding. Every body was brought? - Yes, except two men; it was five on the 4th of April, when we began to crowd fail; it was not very light then; but we could see the vessel, she was ahead of us, we went after her in a straight line, and she went the way to get out of the bay.

Unless she could have seen through your fails, she could not see your colours? - Yes, Sir.

Not till you came along side of her? - We fired two muskets in order to bring her to.

When you came along side, do you say the Happy-go-lucky fired two guns? - They fired two guns after we fired two muskets to bring to; we hailed her first; we fired two muskets to bring her to; we came up along side of her, and she fired two big guns to the best of my knowledge.

When you shot up to her so as to become broad side and side, the king's vessel was most active? - The Happy-go-lucky fired two guns first, and after she fired them two guns we gave her a broadside.

Mr. Garrow. How long have you been at sea? - These two or three years.

Not more! I was in hopes I should have had an old sailor to have talked to; what is your situation on board this vessel? - A carpenter.

When you was called to quarters by the captain and mate, I suppose you went at first? - Yes.

Did you know the commander of the Happy-go-lucky? - Yes, I knew him before he went there.

And a desperate fellow he was? - Yes, Sir, he was by his actions.

And the mate? - Yes.

This man was either a mariner or a passenger on board the vessel? - Yes, there were no smuggled goods on board.

The prisoner had no interest on board the vessel? - None at all; we hoisted our colours at the flag-staff on the mizen mast head.

Court. Within what distance might that be discerned by the Happy-go-lucky in the track you were both failing? - She saw them I suppose when she run right athwart of us; she was within hail, within pistol shot.

Mr. Fielding. As the colours were on the mizen-mast head, a vessel bearing ahead of course cannot see them? - They came right out of the bay a-head of us and they could see the colours then; that was before we fired.

Then if your colours had been hoisted at the main-top-mast head, or the maingallant-mast head they would have been visible? - Yes, they were only visible just before she run athwart of us; we edged away; then she might have seen our colours.

That lasted not very long, I take it for granted, so that all the time you was in chace of her she could not see your colours? - She could see our colours before we spoke to her.

You fired the whole broadside into her? - Yes.

Now, honest fellow, how is it you know the hail, your situation is below deck? - Yes, Sir, but not till the action begins, when the action begins my situation as carpenter is below.

When you were coming up along side, was every man in the vessel at quarters? - Yes, every man on both sides, their vessel and ours; I did not go down till she fired.

Mr. Wilson. Who was the commander on board your ship at the time? - Edward Williams < no role > , he is the first mate.

What is he? - The vessel belongs to the Custom-house, he has a deputation for the vessel.

Mr. Fielding. You know nothing about that.

Court. It was a Custom-house lugger? - Yes.

FRANCIS WATTY < no role > sworn.

I belong to the Lynx; I am chief mate.

Do you remember on the 4th of April last, seeing the vessel called the Happy-go-lucky laying at anchor? - Yes, near a mile under the Mullion island; as soon as they discovered us they cut their cable and made sail, we hauled into water and went after her.

When did you come up with her? - The Hawk came up with her about seven; I saw the Hawk come up with her.

What time did you get up with her? - Near to eight.

What were the Hawk and the Happy-go-lucky doing when you came up? - They were doing nothing then, but there had been an engagement three quarters of an hour before we came up; when we came up we went between both vessels and fired a broadside into the Happy-go-lucky.

What did the Happy-go-lucky do in consequence of that broadside? - They made signals with their hats that they would strike.

Had you signals on board your vessel? - Yes, on board both; we fired a broadside into the Happy-go-lucky and she struck; I went on board her, and the boatswain, and one of the foremast men; when I went on board, I asked where the captain was, they told me the captain was killed and the second mate; and there were a great many more wounded; then we hoisted out the Happy-go-lucky's boat and sent the people on board the Hawk.

Can you say the prisoner was one of the those people? - I cannot say that he was.

You did not know him? - No.

What number did you send? - I cannot tell, I did not number them, I suppose a dozen or fourteen, more or less.

You did not particularly observe them? - I cannot say he was one.

Did you see any thing of them afterwards? - No, I never saw them after.

Court. You did not know the prisoner by sight? - No, she was a clinch built ship, a running bowsprit; she had ten carriage guns on board, and plenty of ammunition, and swivels and small arms, and blunderbusses.

When you first came up with the Happy-go-lucky, what did all the people on board appear to be doing? - When we fired that broadside then they all seemed to shy off the decks as fast as they could.

You was not near enough to discover what the men were doing at the time the engagement began between them and the Hawk? - No.

Mr. Fielding. There was no smuggled goods, nor any property there? - No.

JAMES COTTON < no role > sworn.

Mr. Silvester. What ship did you belong to on the 4th of April last? - The Happy-go-lucky; I was before the mast.

Where was she on the 4th of April? - She was at anchor under Mullion island.

From whence did she come? - She came from Guernsey, failed from there the 1st of April.

What was she loaded with from Guernsey? - Spirits.

What had she done with those spirits? - She had landed them on shore at a place called King's Cove.

Whereabouts is that? - It is near Mounts Bay; when she had so put them on shore; she had landed part of her cargo on the Saturday night, she landed the remainder part the next night; that is on the 3d.

On the 2d and 3d of April had she landed this cargo that she brought from Guernsey? - Yes.

On the 4th when she was laying under Mullion island what did you perceive? - We perceived two luggers.

What did you do? - We did not rightly know what they were, but we perceived they were making for us.

Then on perceiving that they were making for you what was done on board your ship? - The watch on deck cut the cable.

Is that the quickest way of getting off? - Yes.

What was the reason of taking the quickest way of getting off from these vessels? - I do not know, it was the captain's orders to make fail.

You got off in the quickest manner you could? - Sail was made immediately, to get immediately all hands we could up.

Did those vessels follow you when you made off? - Immediately they made sail and followed in chace.

How many persons were on board the ship? - Thirty three, as near as I can guess.

These vessels giving you chace, did they come up with you? - The Hawk came up with us very fast.

What passed on board your ship? - The captain gave orders for getting every thing clear, for if they had come up he was fully bent to engage them.

When the Hawk did come up what state of preparation were you in? - We were all clear about the deck.

Were the guns in any state of preparation? - Yes, Sir, there was preparation to receive them when they came.

Were they loaded? - Yes.

Were matches ready or not on board? - Every thing was ready for engagement, some of the crew were to the large guns and some to the small arms.

Were you all employed one way or another? - Yes.

Were none sick or absent from the deck at that time? - None sick.

Were all those-thirty three from the ship or were any of them passengers? - None passengers.

Was the prisoner one of that crew? - He was.

Where did he come on board? - I cannot say, he was on board of her before I came on board; I had been on board eight days.

Court. What part of the ship was the prisoner in at the time of this engagement? - I believe he was abaft.

Was he employed as a mariner in the same manner that you were during these eight days you was with him in the ship? - Yes.

All the same as yourself? - Yes.

When the Hawk came up how did you receive her? - The Hawk came up and she hailed, and said some words but I could not rightly hear them; they might hear aft but I did not.

What answer was given? - No answer at all.

Court. Had the Hawk any colours hoisted? - Yes, at her mizen-top-mast head.

How long had these colours been flying? - We saw the colours flying all the time of the chace.

What colours were they? - They were Custom-house colours.

When the hail was not answered, what was done on board the Hawk then? - There were some muskets fired.

Upon those muskets being fired, did any thing pass on board? - She came up along side of us, and immediately the action went on and we fired as fast on both sides as we possibly could.

Jury. I understood him at first at the former part of his evidence, that he saw two luggers making up to them, but he did not know what they were, and now he says he saw the colours flying all the time? - I knew the colours when they came along side I saw the colours flying, but did not know what colours they were till they came along side.

Mr. Soliciter. Where are revenue cutter colours usually hoisted? - The usual place on board of such vessels as these is the mizen mast head.

Had those ships any other colours besides at any other place? - I cannot say.

Court. Were there any guns fired out of your ship? - There was no firing out of our ship before they fired the two muskets.

But was there any gun fired out of your ship before they fired the broadside? - No.

Could you distinguish which of the vessels first fired a gun after the two muskets? - The Hawk to the best of my knowledge.

What space of time was there between their firing and yours? - Not a moment.

And you were all ready to receive them before their fire was given? - All ready.

You did not answer their hail or their shot? - We did not answer their hail as I heard.

Mr. Solicitor. In which case, my Lord, the act of parliament says the revenue cutters shall fire.

Court. What did you take them for when you ran away from them? - We took them to be two revenue cutters.

Mr. Solicitor General. How long did this engagement last? - I believe three quarters of an hour before the Lynx came up.

Jury. You had ceased firing before the Lynx came up? - Yes.

Had you struck before the Lynx came up? - No.

What was the reason of their ceasing firing on both sides? - Because, Sir, the cutter's lugger shot a head of us, and our sails were shot away, and would not hold wind, and we were put at a distance from each other, and the Lynx came up and poured a broadside, and the captain and mate were killed.

What became of your vessel after she fired? - Immediately after the captain was killed, who was a very resolute man, we struck; but he had threatened that he would blow the brains out of any man that offered to lower the fails, or strike.

What became of you, the crew of the Happy-go-lucky, after you struck? - Immediately they hoisted the boats out, and took us that were well on board of the revenue vessels, the wounded were left in the Happy-go-lucky.

Was the prisoner taken out of the Happy-go-lucky? - Yes; we were carried to the port of Falmouth, and put into Pendennis castle; the prisoner was also put there; we continued there five or six days, I cannot rightly be sure.

Were those arms on board your vessel at the time you went to Guernsey? - Yes, they were on board it when I came on board; they were all hid under the fails; but when we came within sight of the English land the guns were mounted.

How long had you been on the coast of England before you were taken as you described? - About four days; the guns were in their proper situations during those four days; after we had landed our goods we put them below, but in the time of the chace the captain ordered them to be brought on the deck.

Jury. Did you know for what pur- you went on board that vessel? - I had been sick, Sir, for a long time, and I was in great distress.

Did you know when you first entered on board that she was a smuggler? - I knew she carried goods, but I did not know that she carried any guns.

Mr. Garrow. You shipped on board her at Guernesy? - Yes, I made two trips; the captain concealed the guns; I did not know there were any.

What expressions did he use to the men to make them bring the guns upon deck? - He told all hands to go and get the guns up; he was a very resolute man, and threatened to shoot any man that attempted to strike or surrender; the prisoner had made three trips; that was my second trip in her.

Had he any thing in his hand by which he could have carried this threat into execution? - He had two pistols and a cutlass; the mate was killed.

Had they both an interest in the cargo? - I cannot say; we had none; we were going back to Guernsey; the captain and mate insisted on our firing.

Before the Lynx came up, you had ceased firing? - The Lynx came up and poured in a broadside, and killed these two men, and we struck that moment.

Upon your oath do you believe that if any man had lowered or struck, he would have shot them? - He certainly would.

You have no doubt but he would? - He would actually have done it.

Were you then sighting at the hazard of having your brains blown out? - If we had resisted he would have blown our brains out on the spot.

You have told us that the revenue colours were hoisted at the mainmast? - Yes; in the course of the chace the revenue cutters were astern of us; when they came nearer they fired some muskets; it might be two or three, I cannot say which.

One question more, as you are a witness for the crown I take it I have a right to ask this question, upon the oath you have taken, do you believe that the prisoner either had any malice at all to any body on board the ship, or that he at all resisted in this engagement from his own free will?

Mr. Attorney General objected to this question, and it was waved.

Court. You say you made two trips in her? - Yes.

And you landed goods both times? - Yes.

At the first time when you came within English shore were these guns then hoisted? - No, Sir.

How happened that? - Because he never had them mounted without he saw something.

What did you see when you got the second time within sight of the English land? - I saw a vessel under the land, and took it to be a lugger.

What as you came to land? - Yes.

Jury. What station was the prisoner in? - He was a foremast man; he was at some of the small arms; he was abaft, but I cannot say whether he fired; he was not serving the guns in the waste before the mainmast.

Mr. Garrow. The guns were never mounted till you saw something on the second trip? - No.

You were shipped then? - We could not get away; we were shipped.

Court. When these guns were mounted on the second trip, were you all of you on shore? - No, he would not let a man go on shore.

Mr. Fielding. We call no witnesses.

Prisoner. I have nothing to say.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice ASHURT.

Court to Prisoner. I am desired to admonish you that you have had in this case a very great escape indeed, and I hope it will be a warning to you never again to engage in these matters.