The Statesman. — London, England, 1821-08-31 00:00:00

XORTHERN CIRCUIT. 10EVIC tirris.—Avoure 27. Duo, pu TKO CAPITAL OPPINCII Or PISMO AT A mamma Curran. This utorniag John Did, otherwise John Reynolds, was put to the bar, indicted on siespicloa of feloniously shooting at the Swallow Revenue cutter, on the high seas, on the 27th of February last. This trial has excited uncommon interest in the town, a nd the Court before eight o' clock was very much crowded. The prisoner, who has suffered great pain by the amputation of his leg, consequence of the fracture be received in the engagement with the cutter, looked exceediugly unwell, and was accommoda ted with a chair during the trial, which lasted nearly eight hours. Mr. HAMS, Mr. Less, and Mr. LtrmoAt.a conduct. v 4 the proseentiou on behalf of the Crean, and Mr. WiLLII2I2 and Mr. HoLT appeared for the prisoner. Wm. P. Stanley, the first witness, is a Master and Commander in his Majesty's service. On Tuesday, the 'nth of February, he commanded a cutter, in the service of the Customs for the Prevention of smuggling. About nine o'clock in the morning of that day he saw a vessel, which be took to.be a smuggler, to the north-west, near Newbiggin; shortly afterwards be made sail after her. She altered her course, and made sail from him ; he neared her, and before noon be hoisted the colours, and fired a shot to bring her to. It was the colours that are appointed for the Revenue service we hoisted. Sonfii time after be got within gun-shot and tired at her ; she hoisted Dutch colours, and return ed the shot, and got her sweeps out ; several shots were exchanged; they must have seen our colours. The sweeps are large oars used in pulling in calms or light winds. They battled her ports up, and be could dis tinctly see four guns (cannon) and many men with mus kets en deck. About half-past three, when he judged himself within pistol-shot, he directed a broadside to be discharged at her, which the smuggler immediately re turned, and gave three cheers. The colours were still living in both vessels. The engagement continued on both sides, and finding the smuggler increased her dis tance, he le ft o ff firing , and ma de more sail; they had been engaged three quarters of an hour. The smug gler commenced throwing bales and tubs overboard. About the middle of the action one man, named Ueorge Easterley, of the Swallow, fell down from two wounds in his head. Thomas Thompson. a mariner, also received a blow from a grape shot. Many shots bad struck toe Swallow in her hull, sails, and tagging. When it came dark, shortly after seven o'clock, he found he got nearer the smug gler. He directed musketry to be fired at her, not being in a situation to bring the great guns into ac tion He discovered a boat leaving the susuegler, and fired into her, but soon lost sight of it. They pro ceeded on, and got possession of the smuggler about right o'clock, but there was no person on board. The chief mate, who had boarded the smuggler, hailed and said he had found papers on hoard ; when be took her, the nearest land must have been between Newbiggin' and Blyth, about fOur leagues distant. Blyth light was the first light they made. As soon as it was day light the next morning, witness went on board the smuggler, and received the papers that had been found In her. The vessel appeared to have been in an ac tion, and there had been several shots passed through her bulwarks, masts, sails, and rigging; blood in several parts of it, and articles of dress that must have been worn by persons who had received gun-shot wounds. There were on beard her four large gun-carriages, twenty four muskets, a quantity of powder, some musket cartridges, some nine-pound shot, bags of musket. balls, some loose grape shot, and part of a cargo of contraband goods. There were carpenter's t..01s on deck, recently used in repairs. The cargoconsisted of upwards of 700 five gallon (and under) kegs of spirits (casks of that also are prohibited ;) 47 bales of tobac co, three kegs of tea, and provisions for a consider able number of men. There was else a slate found on board. There were three boots, two had been cut off by the leg, and had blood in them. and the third had been perforated with shots. Some certificates and se veral letters were handed over to the witness, and have remained io his possession. Cross-examined by Mr. WlLLtsms.—He is a Con bander in the Navy. lie received his authority to command the Swallow from the Customs and the Ad miralty, and had an authority, as to the extent of his o dens, from the Customs. He hoisted a colour of a particular description, with a red ensign, and a legal crown in the field. That is its proper description. — There was also a pennant of the same kind at the mast ht-ad. The first fire waist two gun-shot distant, and was to call her attention. The second was at her, but fell short. She ought to have brought to at the first fire. He saw there were more than three men on board ; they looked like Englishmen, especially when they gave three cheers. There is a tone of voice in an Ecglishinan when he gives three cheers that cannot he mistaken. There was one man particularly active, and shook a glass at witness, but here could not say it was the prisoner. No man could have got a wound below, as there was no shot passed underneath' her "leek. He could not say that the prisoner was actively engaged. Re-examined.—He used the proper Revenue co lours. Thomas Caine was on board the Swallow cutter as a seaman on the 27th of February. When he went on board the smuggling vessel he found a black tin box in• the middle cabin, on the larboard side, and gave it to Mr. Bartels, the %nate. Thomas Ennels.—He is the chief-mate on board the Swallow, and was on board the smuggler when the last witness gave him a tin box. He opened it. and found papers in it which he delivered to Captain Stanley. James Dabney was in the engagement. and after he came into Shields, be found a letter in a seaman's jacket, which came from the smuggling cutter. — He said he handed it from the one vessel to the other. He gave the letter to John Polhill, a dept. tad mariner, on the deck of the Swallow, on the star board side. Captain Stanley said he was present when the letter -arirhaoded round from the last witness, and lie had kept it ever since. Cross-examined by Mr. ilot.v.--He was about ten yards distant when the letter was handed froth Pol hill. lie did not know where the jacket had been from Tnesday to Thursday when the letter was given Isiah The two vessels were lying beside each other in Shields harbour. The port of Blyth is about ten miles distant. He also produced the slate which was on board the smuggler; it was delivered to him by the chief-mate. Th4snas Ennels re-examine4l.—Thomas Thompson ['mad Slate in the cabin on the Toads). „or - Cross-examined by Captain did not receive the elate till Wednesday morning. Mr. Ranee proposed to predate* ilia slate tie evi dence. Mf. WILLIAMS objected. Mr. Justice HOLROYD said it thbtal be proved that the slate was in the sane condition as when it wait first ' Mod. It was not admitted. • Wm. Skillett, a clerk to an hospital ship at Chat ham, proved that the prisoner was discharged from his Majesty's service on the 31st of October, 1818, for debility, and that at that time the prisoner was furnished with a discharge. 1 Thomas Caine, re-examine d by Mr. Wtt.ll rive persons from the Swallow had got on board sm uggler before the witne ss boarded her. After had been on board it was that he found the tin hot, Thomas Patterson is a fisherman at South Bltb. He wanes's on the 27th of February (with a contpa 'ion) fishing, and in the course of the afternoon ("be tween three and four) beard some great gnus firing to the east. Scion Sea is about three quarters of a mite Blvtb ; and between six and eight o'clock be saw the flashes, and beard the report of musketry and large guns about three miles off. After the landing, they still beard theiring, and it occurred to him that two vessels were engaged. At seven o'clock it was coming on dusk. The next morning he left his house at siz ; it was a hazy thickish morning. There was a great deal of sea, and be did not leave Birk. They wet through the Le, and saw a large Scotch boat, MI be supposed, a kind of oyster boat, not of the de ',caption used on the Northumberland cast ; she was painted s lightish colour. lie first saw her in a very dangerous place ; they hailed us to come to them. but witness told them to pull to him, as lie could not reach them in safety, which they did. They have no name on that coast for boats of that kind. There ap peared to be about 30 persons on board, and 8 oars. The witness asked them where they wanted to go, and told them they were at Blyth. They asked after a par ticular hill, which the witness called the East-hill. They repeated Blyth several times, and one man said he knew they were wrong, and asked how far they were from Coquet Island. He informed them they were a long way out of their latitude, and not less than 15 or lb miles from it. When the witness got alongside,they asked witness to drink ; one of the men said " let's give him a tab ;" and another replied that they did know niter they stood in need of themselves. They asked if wit ness hail any thing that would hold some gin in ; he said he hail not; but they gave hint some in a dish.— Witness told them that he had heard a great deal of firing from seven to eight o'clock the night before; anal one of them said, " Ah! was it so?" and said lie sup posed it to have been an engagement between a Reve nue cutter and a smuggler; and witnrse mired if they had heard any thing of it, lint reeeited eilvittswer.— Ile could nut find any 'twine or place patted on the boat; and in the after part of her the-e was glass and a compass; it was not light, and he conhl not see whether there were any fire-arms on hoard ler. They appeared like West of Eaglanti 'people (persons coming front the coast of Kent, &c. &c.) One of them said, " Let's set the love sail," and one of them desired him to held his tongue, as he said the witness knew best how to conduct them. They then said they bad got in among the rocks all night, and could met tali how to steer themselves clear. They were hard pumping. Witness did net observe that they appeared much fa tigued. They seta large sail, and left the witness, returning hint thanks for the information lie had given them. They said they were going to join a Greenland ship. They steered to the north and the east i and uld he told them when they turn ed Newhiggin point t wo be light, and they would see all the danger before them. Ile was not more than ten minutes with them. Cross-examined.—lt appeared like a two-masted boat, but the masts were not up. William Twisell is a fi , berman at Creswell, eight miles north of Blyth. On the morning of the last day of February he saw a large boat with a love sail, a mile out, about nine o'clock. It was not like those used on that coasi. She was a kind of light or . lead colour. She hailed or•tnes (and his companion,) and inquired which side of Coquet Island they were to go. —Witness told them, when they thanked hint, and said they were going to Greenland. The wind was southerly. The boat was high out of the water, and he could see 12 or 14 persons; they were working three oars. The sea was very corrse after they left...- There :sere about half-a-dozen men in the fore part of the qoat, but he did not see any thing particular. He could trace them near to the island. Ou the evening before they heard firing off Blyth. Thomas Brown is a fisherman of Cresswell. On the morning of the last day of February, about ten o'clock, he was near Bondacre-rock, a little to the south of Loxley point. He saw a large boat painted light; it bad a large love sail set; there were five oars at work. When she came near witness, they inquired the road to Boulmer, and on which side of Coquet Isle they should keep. Witness told them on either, and they went on the inside. Ile thought there were 14 or lb men in the boat. He saw the boat last about two miles from Bouluser, about eleven o'clock. One man was pumping. Between six and seven o'clock the night before, it was dark, an.l they beard firing off Cresswell, to the southward of Newbiggin. George Carr, Esq. lives at Boultoer-ball, and saw a boat about a mile distant, coming ashore ; it was large, deep, and painted light; it was differently built from the boats on that coast. He saw upwards of 20 men land, and he observed some persons carrying a man up the beech. He heard one of the men swear, and say " We have lost her, but we have bad fair play." They carried the man to a boat, for the purpose, as appeared,l of adjusting him and carrying him more easy. One cal the man's legs hung down, and the other was straight. we did not know where they went. He had heard there Has a dead man in the boat; it was very stormy and tempestuous weather, and he returned. About a quar ter of an hour afterwards he saw, from his door, some men carrying something square. When be last lost sight.of them they were about twenty or thirty yards from Matthew Stanton's house, going towards it. The same evening he went to Stanton's house, and found Mr. Wilson there, examining the leg of a wounded man, who was lying on a bed. The day preceding he hail heard firing to the south-east about three or four o'clock; it sounded like heavy guns. The pri soner is the person who was lying wounded siellhanton's house. Elisabeth Stanton the younger;. ; the daggloter, of Matthew Stanton, said that site sate wouided man at her father's house in February last. Her sister Dorothy told her in the presence of tit prisoner, that some wen had brought a wounded man iu, and lie 4k • was put to bed; he remained at her father's, and a surgeon was brought to him. John ?Athletes, a surgeon, said before he was ex stained that what be could give as evidence was com municated to him confidentially. The Court informed him he was boned to state all be knew.—He is a surgeon at Alnwick, in partner ship with Mr. Wilson. In consequence of what be beard the amputating instruments were sent to Stan. ton's, where the witness arrived about six. He there ] saw the prisoner at the bar, wounded in the leg; he asked him when he had received the wound, and be said the day before. After Mr. Wilson came they examined the right leg, and found it fractured below the knee, in the front of. the leg. It appeared to him to have beet a gun shot wound. Mr. Wilson felt 'for the ball, but the man said he was sure it was not there, fur be knew that after it had struck his leg that it lied gone through the companion (she case that covers the stairs leading to the cabin), he said he had been all night in a boat. The question was asked where he had left the vessel, and he said between New. biggin and Shields; he said that he had bten along side another vessel fighting, and that he was shot close along side the vessel: He said (the witness believed) that they were engaged three quer ersof an hour, and that be had • boot on at the time he was wounded, which wee eat off. Witness and his partner thought amputating necessary, but the prisoner would not submit to its be leo done ; it was however obliged to be done on the, I Ith of March, and if it load been done earlier it would have saved him much pain. Ile was taken to Stewarts's stables and there found a dead man ; his death was occasioned by a wound in the thigh ; a ball was extracted of about three ounces weight.-- The prisoner never named the vessels that were en gaged. Cross-examined.—The prisoner did not appear to he is great pain when he first saw him, both the banes .were broken. He must have suffered a great deal of pain by that wound. He was first in custody in All wick about six ro eeks past, and isail remained at Stan ton's up to that time. In the course of the month lie was in a state of convalescence. The prisoner was questioned the same evening as to when, where, and how he received his wound. I did not iiiiilerstand the prisoner meant to say that he had been persJnaily ' fighting on board the vessels. Mr. George IVilson, the partner of the last witness. I said he extracted the ball produced from the thigh of the dead man. It was about three ounces weight. — (It was produced ) Captain Stanley had used such halls in the engage ment with the smuggler on the 27th of February; lie was off the Nor humberland coast the whole day, and no other engagement could have taken place without his hearing it. John Stewart lived at Buttner; sonic men urgently requested him to allow them to leave a dead huilv in his stable. There was about twenty or thirty men in the whole, but about four cause to his stable. The whole of them afterwanis ran off tow'ards Cross-examined. —lie saw the bust before she came on shore: she had only one mast. Captain Stanley—r\ thwart was produced, which wit ness said was used . fur the purpose of strengthening a boat froin side to side, when a mast is put up to carry a sail ; lie found it at liiihner in a fisherman's yard. It is aunt the kind of sbwart used in Nortbuinbeiland ; they are generally *Chi a tub boat (smuggling). One of those beeliqtre woo broke up, as they are bu slight. John Brice is a constable at Rulmer, and he received the thwart from Captain Stanley, and it has remained in , his custody ever since. Robert Remmett, Esq. a solicitor to the Customs, pro-' duced a copy of the condemnation of a ship supposed to be the Ida, in the Exchequer, and also of her cargo. John Jones, a sub-Lieutenant in the navy, said Ise first saw the prisoner, in January, 1820, who then resided at Rye in Sussex, and was known by the name of John Rey nolds. lie saw the prisoner at Stanton's house in Febru- 1 ary last. Mr. HAM here wished to read the letter as evidence, which was found by Dabney in the jac'aet, but The Court held that as the letter bad not been traced into the possession of the prisoner, it could nut be read as evidence against him. Mr. WILLIAMS and Mr. IioLT made a e.niilar objec tion to the reading of the contents of the tin box, the ship having been wholly in the possession of five persons of the Swallow cutter before it was given over to Capt. Stanley, and they not being present to prove it was in the same state in which it was found. Mr. Holt in stanced the case of the persons who were tried for break ing into Mr. Beckwith 'a shop on Snow-hill, where pa pers were rejected as evidence. Mr. Lim N x and Mr. Lost argued the contrary. The Court, after a consultation with Mr. Justice BATLIY, decided that those papers could he received. The certificate of the prisoner's discharge from his Majesty's service was then read, which was found in the tin box in the cabin of the smuggling vessel. Here the case for the prosecution was closed. Mr. IV, waists then rose to make an objection : he stated that the Act of 24th of the late King, which empowered a Revenue cutter to shoot at supposed smugglers, had appointed a particular pennant to be used, the field of which was to be blue, and which Act was subsequently improved by the 56th of the late King, and by that Act the colours were to remain as heretofore, unless an order in Council, or a Royal Pro clamation was issued to the contrary. In the present case the field of the Revenue cutter's pennant was red, and no proof had been adduced by which that altera tion was justified, and therefore, lie contended, that the prisoner was entitled to an acquittal, as the offence was thus entirely taken out of the statute, under which be was indicted. Mr. HOLT followed at considerable length in the same argument. Mr. Justice HOLROTD concurred with them, that the same authority was essential to justify the deviation that had been introddced ; but as his Majesty's subject, and the Court, were bound to bear all Orders in Coun cil and Royal Proclamations in recollection, he thought the prisoner was not entitled to an acquittal, because that authority had not been produced by the prose cutors. His Lordship said the prisoner should have the advantage of having this point considered in any place. Mr. Justice 1101.110 TD then summed up the evidence meat minutely, leaving the Jury Ito return their ver dict upon the evidence, and reserving the point of law for the consideration of the Judges. The Jury, in a quarter of as hoar, found the pri soner Galli!, but recommended him to mercy, on ac cuse of the.suderings he bad already borne. ilia Lordship said the recommendation of the Jury should be attended to. been convicted by the clearest and most cogent evt. , deuce (Coaeict—'4 my Lord, be merciful to se') of baying attempted su ite the life of year wife, witb. out, at least, any immediate provocation, if you ever received any provocation. The craelty nod atrocity of lour conduct(' My Lord, I never intended to kill bee) render it impossible to give you any hope of mercy...— Every thing in your power yeti barbarously did. She was rescued from you by the interference of seighbours i It appears by your own account that you were punish ed for your cruel treatment of her before. Happy had it been for you if that punishment had beta a sufficient warning to you. After she was rescued, you avowed your barbarous revengeful design of taking away bet life.—e My Lord, I had no intention of 10-41 seems to have been a p-emeditated attempt; and abet you were prevented, you still etpressed a wish that your intention had been carried into effect. It is possible for the administrators of justice to do other. wise than give the law its full effect. Therefore pre. pare yourself, and in the short time you have to lief, make your peace with your Maker. " You, John Wilkinson, it appears, were concerned in m toy depredations of a similar nature, and one of the cases of which you were convicted by the clearest evidence, was attended with circumstances of enmity and barbarity as make it absolutely necessary to carry the law into effect and make you a complete example. You and Hetherington will do well to prepare (He. therington—' I did not strike or ill use the awe) fur the fate which it is impossible I can bold out to yon any hope of avoiding. Yon three 1 earnestly warn and entreat to pray for that mercy hemaher which the security to society cannot afford to yen here. The sentence upon you Ileorge Main. yon Joie Tilkinsots, you Thomas Dodds, and you William .iurteis Hetheriogton, is, that you be banged by the 'leek till you he dead, and may Ood have mercy on your souls." His Lordship sits to-morrow in the Crown Court, to 'ry the prisoners and causes which still remain there. SENTENCE UPON THE CONVICTS. • • George Main, for attempting the murder of his wiit John Wilkinson, Wm. Smuts Hatiteraitgton. asi The. . man Dodds, were placed together at *altar to mein sentence. Mr. Justice Houtosn.--" oeoTre Main, you hays Ads eissraat ww,t saset ~rime ah.t_ THE 114111*ESP IN SCOMIND. -+- On Thursday a field of oats was cut down on that •iortiun of Oreat Combray beton zing to Lord Olasgow. The deficiency of straw was so consid•rabie, that gaaa •itirs here and there escaped tl►e sickle. On the 14th current, the Rev. Mr. Watson, Cm. rnauhl, rut a field of very fine oats, part of lits Jere, and the meal was on Saturday avid at Cumbet• nasal , ' market. The Stirlingahire harvest will be general in 10 days. Peas are remarkably good, and beans are so prolific as to double the crop of last year. Both are very early. Whe:a is a good crop. Potatees promise to be ahem dant. Harley and Oats in many places are short in the straw and deficient in the head. BOXI.NG. The battle between Dick Acton, the fighting crafts man, and Ned Evans, the brick maker, took place ea Wednesday, for 20 guineas, on the Watford-road; al though the rain fell in torrents, the road to the field was thronged with drenched amateurs of all sorts. — Acton is a promising pupil of Eales, and the kick maker who had floored all before him, was upon lei fond terms with himself, that on the evening beim fighting, lie sent a polite message to his antagonist," • • an undertaker to measure him, and have the box rem* Eales and Paddington Jones seconded Acton ; and Tom Oliver and Scrogyins seconded Evans, who was hacked at 5 and 6 to 4. It was a good fight of three quarters of an hoer ; from the rain and dirt, it was hard to tell thew apart — In the first round, Evans, who was rather the heaviest, rushed upon his adversary impetuously, and ran him Moan. 2. There was some good steady and equal fighting. — Several blows were exchanged in a rilly ; both west down. 3. Evans had a slight advantage and blacked his ad versary's eye, but lie received a heavy return upon the jaw, and made wine Grimaldi faces; Acton was thrown in a close. Even Evans. 4. Evans received a doubler-up in the mark; he broke ground to recover himself, but his adversary, awake I. his distress, went up to his head gaily, and floored him by a munler. 6 and 7. There was but little fighting from former eit• ertion, but strength gave Eva ns something best. 9. A good equal fighting round. Acton was throws. 9. Decidedly in favour of Evans, who met his adver sary rushing in by a flush hit upon the nose, which dropped him cleanly. It was all in favour of Acton after this, Evans had all the fight taken out of him, and only stood op is be" ,some receiver-general. In the 15th round Acton 'a s piping, and of In cried out to his man, "Go " The watch-wind Teem Eales was, " Be read'," and so he was—lines was met by a gush hit on the front of the head, which elid ed him, and Acton won the battle in four meads after' wards. SCOAR.--FrOM an account of the q nantity of Sugar imported into Urea Britain for the last fourteen wear* it appears, that the average price of that twee f fa ISIS, was 735. 41d. and this year only S3s. dog* the quantity imported in each of these years. was nearly the same. In 1813, the amount sras 4.035, 3 t 3 cwt., and in 1821, 4,063,541 cwt. As EITRAOkDIXART DRAVOII? or Ftsn.—A few days since, as a young gentleman of this neigbboor* hood was fishing with a drag-net, assisted only by two f keepers, they caugh t, at one draught, 167 brace o Teach, the small , st of which weighed above half a pound.—(Hereford Paper.) lit ARRIVE On Monday last. at Co nwa y . North WOW. Sir DIM Erskine, of Combo. Fifesidre. Bart. eran d s on of thy of Kellie. to Jane Silence, on ly daughter of lb. late E Hee k Williams, Esq. of Conway. DIED. Oe Tuesday morning, at the hoes* of Mr. Cla we rk, Eildr row, Mr. Edward 011Iow. a g ed 19, rimer's& of 1% Dillow, Esq. of St. Nich olas, Margate ; be e Wes eet * 11 wise of whom it may, be justly said —`• W skid epos his IMO agailiperop 1411d,:11 : Edited. Printed, sad Published at doe 011 120 „.... " '1 il STATIteII CI" led " Tus CO N Owosso' OW" popar) W. 196, Strata. opposite 111.Cdoweetts „.... by R. WARDELL. Jen.. LL. S.: _to saws a a 2 '^' utudesSolle, Orders, Ike , are reyeested le l* odd! toe'd . ~,,_ a_ . k t I , 4.- IMP I . L'