53. JOHN CULL proceedingsdefend was indicted, for that he, on the first of June last, with force and arms, at the parish of Minstead, in the county of Southampton , on John How < no role > , one of his Majesty's officers, in the peace of God and our Lord the King then and there being, unlawfully and violently did make an assault, and him the said John How proceedingsvictim , then being on shore, in the due execution of his duty, as such officer, did unlawfully and forcibly hinder, oppose and obstruct, against the form of the statute, and against the King's peace .

A second count, for unlawfully making an assault on the said John How < no role > , being one of the officers in the service of the Customs of our Lord the King, and on shore, in the due execution of such duty, as such officer, against the form of the statute, and against the King's peace.

A third count, for that he, on the same day, and at the same parish, unlawfullydid hinder, oppose, and obstruct the said John How < no role > , then and there being one of such officers of the Customs of our Lord the King, and then and there on shore, in the due execution of his duty as such officer, against the form of the statute, and against the King's peace.

The indictment opened by Mr. Litchfield, and the case by Mr. Attorney General.

JOHN HOW < no role > sworn.

What are you? an officer of the Customs? - Yes, I am Riding Surveyor of the Customs at Lymington.

Tell us whether on the first of June last, you made any seizure? - Yes, I did, on the first of June last, near Stoney Cross; I seized a horse and cart loaden with spirits, John Witcher < no role > and William Curtis < no role > were in it, I was then proceeding on my way to Lyndhurst, in order to secure it there that night, and about half an hour after I got to Minstead, Cull the prisoner ran out and joined the other two men, and had some conversation with them two, I did not know the nature of the road, I enquired, and a woman had directed me; Cull immediately came up and said, you are going wrong, and wished me to go some other way; I told him I did not want his assistance, and should follow the woman's directions; I told him he had no business to follow me, and insisted he should not; he then began to abuse me, and said, he had as much business on the road as I had; I then insisted he should keep at a much greater distance, for I did not like his appearance at all; soon after that he returned to Witcher and Curtis, and they had some conversation together at a distance; and in about ten minutes after that, they came out of a wood opposite to the cart I was driving, and one of them pulled me off my horse, I cannot say which, nor which of them beat me; it was in that violent manner, I cannot say; but they took a pistol out of my pocket, and while I was laying in that manner, Cull says, d - n him, shoot him; he then immediately after that ran to the cart and horse, and turned it about, and began driving it to Stoney Cross, which I had seized; and a woman about a hundred yards off, where they beat me, ran out and cried, and ran for her husband; and when she returned with her husband, they were gone; one of them took away my horse, and bridle, and saddle, and my pistol, but I cannot say which of them it was; the horse was brought to me the next day, but the saddle and bridle I never got again; my arm was dislocated at my elbow, and very much cut, and dreadful bad it was for a month, and I never shall have much strength in it.

Was Cull there at the time? - Cull was the most active man, they were all three together, I saw them together as I was down, and they were beating me.

Mr. Knowlys, Prisoner's Counsel. You had first seized a cart and horse? - Yes.

When you first seized it the prisoner was not by? - He was not.

You saw the prisoner come out from a farm yard? - Yes, I did.

He did not make his appearance to you, till you was in conversation with a woman? - He did not come near till then.

You told him, I suppose, rather huffishly, that you did not want his directions? - I told him, friend, you can have no business here, I am convinced, and therefore you had better go about your business.

Upon which he replied, that he had as much business on the road as you had? - He did.

He certainly was not the man that pulled you off your horse? - No, he certainly was not.

You cannot say which of them it was that beat you? - No, I cannot.

Was you at all stunned with the fall from your horse? - They pulled me from my horse.

Did you fall to the ground in consequence of that pulling? - Of course.

I take it you was a little alarmed? - Of course.

What time of the day was it? - About half after six in the evening of the 1st of June.

Mr. Knowlys addressed the Jury on the part of the prisoner.

A certificate from Henry Penton < no role > , Esq; was read, declaring the prisoner was a very inoffensive man.

GUILTY .

To be confined to hard labour on the river Thames for two years .

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