The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-16 00:00:00

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attllApy um rods Is despite of she exertions of tbs
oniefillimillagilanalta &MN I ellthatving obtained protimMan ct.t S
amps wow, 3wwwpfilwr W &Wait It in the reuses aMliwt, show
fltei VON almaDed by arimpttritor force, treated widish, woos Ws.
kW% and the spirits forcibly rescued front their pommion. rho
Alm with which the defendant was charged was Ibr assisting in
the Mick to which he had adverted, and the particulars of which
midi be detailed to the jury in evidence. To prove that the de.
thmilant took an active part in the cutrage, the two officers would bo
mffall, and he understo
od that one of them could positively identify
doodefendiuit as having torsisted in the attack and subsequent rescue.
He understood the defendaut intended to contest the fact, and meet
the evidence of Cheatham by on attempt to establish an alibi. If
he had justice on his side, no men was more desirous of his success
than himself, but he must say, front nil that he had been able to
collect, the evidence was of too conclusive a nature to admit of any
refutation other than that which should carry along with at then
Dietetic degree of moral and legal certainty. With regard to the{
peculiar defence upon which he understood tint! defendant to
rely, he must say that there existed no species of evidence that
required greater attention than that upon which alibis were
usually grounded, and that no kind of defence should be ex-
amined with more caution, or received with a greater degree
of suspicion. It usually happened, however, that those de.
fences, when insincere, carried their own refutation along with
then ; for it was a matter of no unfrequent occurrence that they
ilrfetted their own object by an over-anxiety to accomplish it. An
inthindual who had been really engaged in his lawful calling or a-
Pupation might, and generally did, find considerable difficulty in
establishing an alibi if accused of the commission of a crime. This'
was perhaps the reason why this trees of nefence fell to the lot of
the experienced offender, and was seldom adopted bo the innocent,
•or at least in a mach less degree than might be incodsiderately sup..
posed upon the first view of the cue. It was easy enough to
imagine au alibi, but hard to make one out in a satisfactory manner.
An honest individual might very readily encounter great difficulty
in bringing any one to prove where he was on a particular day s.
nay, a man who had not turned his attention to such matters might
not be at once able to say himself where lie was on a given time
and in whit octupation lie was then engaged. lint the practised
offender bad to struggle with none of those difficulties,- and were it
not for the circumstance of his over-scrupulousness, and a ceetain
suspicious accuracy of proof, always an invariable attendant upon
artificial alibie, he might more frequently escape. He mom
prepared with minutia of which an honest man would hare
never dreamed, or at least never have noted ; and in that
manner frequently convicted himself in the apprehensions of
eu thlrkint men. How far the Jury would feel inclined
to credit the defendant's representations, if they partook of this
cbaracter, it was not for hint to say ; hut he entreated them
to loot narrowly Into the circuntstancosot the con., and examine that
manner of the wimeges, to weigh the probability of the tuts, and,
in a word, to make use of all those necessary precautions so requi.
site, is order to enable them to come to a satisfactory conclusion. If
they should be disposed to entertain any .doubts on the case ha
would now submit to their consideration, or if they thought the
identity of the defendant, or the nut he was alleged to have acted
in those transanions not sufficiently established, let them give the
defendant the benefit of their doubts ; bat if it were otherwise, then
let the Joey recollect the duty they owed to their country and them.
selves, and, by their verdict, take the best means of discnuntenanc.
mg and preventing the illegal proceedings that had given rise to the
present action.
John Cheatham sworn and examined.—lle was coast-guard at
Southampton on the 113th January ; was called out at one o'clock
in the morning of that day on duty. He was accompanied
by Clarke. They proceeded nbout two miles on the Bewley
road inland in the direction of the forest, and concealed themselves
us a bush, where they remained for a short time on the watch for
smugglers ; this was in a lane off the road. They hail not remained
very long when, as near as he could conjecture about three o'clock,
they observed a man coming towards dun; in the direction of Bew.
ley, mounted on a pony. The man looked about him in a stoma-
twos manner; he could see that, for it was a fine clear night,
though not moonlight. In about five minutes afterwards they
heird carts coming, and pulled off their coats in order that they
might be ready to meet them. Directly they saw three carts, laden
with small casks, coming along the lane. The casks were capable
of coutaining about three gallons and a half each. Ten or fifteen
parsons accompanied the carts. Witness and his comrade stopped
the first that came up, and backed it into the ditch. They then
passed by the second cart ant'. proceeded to the third, which they
also backed into the ditch in the same manner as the first. The
rood was of such a width the two carts could pass, but it would
be with some difficulty. The men made off, and he and Clarke
got the two carts out of the ditch, the men succeeding in car-
athg off' the third. There were two horsey to each can.—
Witness rook one and Clarke the other, and they were proceeding
towards Forley, when having gotten about a mile from the place
where they had taken the carts, near a r.atrow lane, he heard
Clarke, who was behind, calling out for help. Immediately he
stopped the cart he was driving, and went back innards Clarke.
Oa snit ing at the spot, he found Clarke surrounded by a number
of men who were braining him, and witness called out to them to let
him go. lie had his pistols and cutlass, and with the latter suc-
ceeded in driving one of the assailants away ; but he was seized in
turn himself, he could not tell by whom, a man having taught him
behind and pinioned his arms ; others of the party took his pistols
and cutlass,. and threw them over the hedge. 1 hey kept him in
that situation until the carts were taken swig. Meantime witness
rived one blow on his head and another oo his hand. Wolfe WWI
one of the party, and drove away a cart himself ; he was sure of it,
because he knew Wolfe, who was a pointer residing at Munich.
to Forley parish. The smugglers offered witness a bribe, several
men holding him at the time. They first offered to give him fire,
and afterwards ten pounds' which he refused. When they found
him persist, they took his hat off his head, and put notes into it,
which he returned. At the same time they were holding Clarke,
and offering him money also, and finding him persist in refusing to
Expt it, they forced the money into his neckcloth. One of the
tem who was bblding the carte, called out to the others, and de-
sired theta to delve away the carts. They then took his hat away,
and carried it up the mad andJeft him. He afterwards gut his hat
and found five U. notes inside it. Next day he discovered a tub on
the road, and took it to Southampton with him.
Cross-examined.—Hsu been Ir the service of the revenue five
years. Went to Mr. Carter after this business. Mr Carter is
prim:ape, boatman. He never tool; money. Clarke was about ten
yards distant from him during the conversation with Mr. Carter.
.Mr. Carter was at that time living at the house of Peter West
brook, a sailor, and was in bed whrn witness called, it being about
five o'clock in the morning. Witness told him how he had been
abused, and coun•ed the notes in his presence. He had commu.
r.icated something of the matter to W ertbrook, but not all, only
mentioning it ofightly to him ; bat he might have beard hint talk
to his companion. Westbrook's brother. William, may have been
present, but he did not observe him. William and Peter West.
brook both live at Forley, and Wolfe lives in the same parish, lie,
witness, did not mention to his companions that he had aeon
Wolfe on the night of the 18th 'January, because it would not
have been advisable to mention it in that plate. Wolfe continued
in the plate a month after the !nth of January, and witness saw
him often, both in public-houses and in the streets. IVitness never
said the men with the carts were all stout men, and not one shorter
than White who kept the inn, nor any thing to that effect. AVlien
he went to call on Mr. Carter, Westbrook opened the door for hint.
Ile does not recollect Carter asking him in the presence of West.
brook why he did not fire his pistols, and assigning as a reason for
no: doing so that they were all stout men who attacked him. Wit-
ness told Mr. Carter he knew one of the men, and told trim his
name in the course of the day., but does not know whether he did
on the first occasion. He can't tell hoir long it was before the man
surrendered: thinks it was in April, that was two or three months
after the 18th January; but he did not give himself up till the war.
rant for his apprehension hod been issued. Witness had sometimes
drank with Wolfe since the affair. lie had frequently taken
drink with him since that tame.
Re-examine4.-1i gnus did not mention the name of Wolf.:
in the presence of IVestbrasok, because the latter was not one of
his Majesty's subjects--(A laugh.)—he meant to say, one of his
Majesty's officers. No did not apprehend AVolfe when he met him
in public•housss, hiving been directed to keep the matter a secret.Witncts swears he mentioned Wolfe's name to his inspector, Mr.
Wading, at the house of the latter, on the day after ine amen:
John Clarke, another revenue-officer, corroborated the evidence
of the list witless. -
Capon-. Watling.—Cheatham and Clarke, on the 19th January,
• communicated to him the affair of the preceding night, and mire
up the fire one-pound notes to him, which were Bir.gwood s notes.
Witnes made out and despatched its report of the circumstance on
the nOth January, the day after he had seen Cheatham and Clarke.
The case for the prosecution being closed—
Alf. C. F. Wrttsosts proceeded to address the jury for the de.
• fence. He felt it incumbent on him to express his gratitude to his
lamed friend for the candid mauner in which he had opened the
as.., nod entreated the jury to dismiss all prejudice from their
- minds in its consideration. With tegaeal to the men, be they who
• • they might that committed the rescue, they bad used a surprising
degree at calm fotburance in their manner of dealing with the off.
cars. True, they appeared resolved to carry off the casks ; irut, with
arms in their hands, they had abstained from all violence towards
the persons who were so completely in their power. lie had no
wish to extenwate the offence committed by them in defrauding the
• ;avenue; he only meant to point out their forbearance, as it re.
• garded the treatment of the officers, which he thought deserving of
• .commendation, as It afforded a strong contrast to the conduct gene.
-*entity pursued under similar egg:mum:cm. With regard to the iden.,
• ity of the defendant, and his connexion with the occurrences of the
18:h January, he felt little doubt of being able to convince the
n__tity that the Minna, for the prosecution were completely mistaken.
was aware one of the witnesses had sworn positively to the
• perton of the defendant but the Jury would consider whether a
•• man circumstanced as that witness bad been, was nonnory likely to
• •comailt a mistake of the kind he had mentioned. Bits independent
•al that, he trusted to be able to lay before them such evidences&
•• would convince them the defendant was not one of the persons con.
corned In the rescue. There was great improbability in the story
told by Cheatham ,• and his reason for concealing his knowled_ge of
lee port lie stated' Wolfe to have taken in the rescue from V.
• brook and others, was imperfectly explained, to say the lewd of ft.
' %fie would prove to the Jury the witness for the Crown bade-
• Utted he dot OM know any of the reruns engaged in the affair;'
• siso, that they were stout and tall in vermin. In addition to all
this, the defendant had voluntarily surrendered himself on the first
',intimation of the present charge, and that circumstance should
''weigh strongly in the minds of the Jury, as another proof of his
•-• • innocence.
Peter Westbrook examineo-11 a sailor, and lives at Forley.l
-Inas done so stns hie childhood. Mr. Carter lived is bieibotene tit
.s&notary. Cheatham knocked at witness's door at three, or half.
past thrseenriock. Choke MOO abetwards. Cheathoni and Clarke