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t:mato.. Cutler these ememstancesuf niolente and with in Geier
pus a force opposed to him, he emes compelled to repel force by
force, and obliged to use his pistolsetand order his men to use theirs
in their defence. The party dwelled and escaped, all except Pit-
man arid another. Pitman I-31 detained a prisoner, and Evans
directed to procure medical aid for a man who was amen tet fall in
the scuele, Evans in pursuance of these instructions looked about
for the man, and being unable to find him, it was supposed that he
had only fallen down or faiutcd with fright as no trace could be
obeerved of him. Ile was delighted at the idea of the man having
escaped. and exclaimed thank God fur that. Ile assured the gen.
diner. of the Jury that it was always his practice to strictly order
and enjoin his crew, by no means to use their arms, except
for the purpose df tiring signals, or a lien forced by actual and
unavoidable necessity. lie entreated his Lortship and the Jury
would beer in their recollection his situation, and that ire
could not have entertained any animosity to the party or the man
who untentonately came by his death on that occasion. The
smugglers were assembled to the number of fifty or sixty for an
illegnl purpose, and they first assaulted his party, for unless they
had done 140, the encounter could not have taken place, as it would
have been a proof of rashness, and not of true courage to have at-
tempted to attack them with the small force placed at his dispose!.
Ile begged the attention of his Lordship anti the Jury to the evi-
dence he should be able to adduce, to to his early chameter, and
which he trusted would satisfactorily prove that his conduct, both
in a public and private capacity, was the reverse of what had been
imputed to him ; and, under Oink circumstances, he ventured to
hope for an honourable acquittal.
The prisoner delivered himself distinctly, tut with something of.
eTapid utterance, that occasionally made it difficult to follow him.
The address was listened to with profound attention, and appeared
to excite the sympathy of acrowded Court. . _
Ilis Cotentin' e intimated his desire to procuro the address,'
Which was handed to him accordingly.
Young being caned du for his defence. mid, that he had nothing
le add to what had been urged by his fellow-prisoner, except, that
be was perfectly innocent of the charge.
For the defence, Dlr. Emmen c celled Henry Lee, who, being
Sworn, deposed afollows:-1 am a boatman in the service of the
tustonis. I went to Lob's-hole, accompanied by Holbrook end
Clarke, on the3d June. They stationed themselves on the upper
Off and saw a boat coifing in towards shore. I heard the men
la the boat talk with their companions on shore, bat could not un-
'demand din particulars of their conversation. There was besides
party of fifty or sixty with sticks and bludgeons on shore on the
lower cliff; • One man diluted the company, and said, " hold on ;
pall here." Sonic of the company cried •• huaza." On hearing
i
that, I fired my pistol by we yof mental, which was answered in
he same way by my corarades. The boat then pulled off. On
'[meeting with Lieut. l'ullen, I found him accompanied by two or
three men. Pullen complained of having peen ill-treated, and said,
a prisoner had been rescued froth him. I, and tour more of our
people went to the westward, and had not proceed,: I far till we
heard firing. On going in the direction of the sound, I found Mr.
Pollen eith his party, and a prisoner.—Teis witness was exa.
- mined to considerable extent, and fully established the violcuce of
j ikon, Red know .the party of smugglers.
eleven and twelve John Clarke, an officer of the tame eervice, confirmed the testi.
There I observed mony of the last witness in several particulars.
.eventive Service, and W ciliates 'Williams proved the rescue of Isaac Reade by the
. . e end ordered me and me emit:teems, and their subsequent threats and attack upon the offi-
ft P vitisen.- We went off homeward ail
eers• which occesioned the tatal termination of the proceedings on
• risWil
the 3d of Jure. They found the smugglers drawn up to teceive
411144-.. r• "` - were twenty of us. When we got to the gate
them in martial array, prepared with clubs and ether offensive
gem eestaisase lie and said, "•well, my lads, are you ready, for
weapoos. Lieutenant Pullen received a blow on the arm from one
vi oan all ready?" .There w.eie.three of them, but I don't know
gglerseand witness warded off a violent blow aia.ed at
who they were. Some of our party said, •• ready for what ?" e 'of the emu
his officer's head with his cutlass. One of die company, disguised in
saw a man take onteof our party by the amock.frockeand shoot him;
he was a very Mime man who fired. lie shot him within a minuto his person, rushed forward With a pistol to lead the attack on the re-
venue officers. The first simewae fired by the company, and was fol.
eir two after taking hold of him. I perceived no struggle, but saw
lowed by a discharge of pistols on both sides. WirtiCASobservccra man
voider man take hold of him; arid endeavour to get hint away.
drop jut as the two first pintoes were fired, and after some further
lbw occurred in the interval between his seizure full the firing of
resistance the smugglers retreated. James Pitman, one of the
abs shot. No more than one attempted to pull hint back, at kart
not till after he was shot. Nobody tried to push back or strike at smugglers, was taken prisoner; and another of the company, who
had been wounded, was directed by Lieutenant Pellet' to be carried
the shqrt man who laid hold of him. 1 saw no one do so, with
to some place where he might receive menaced assistance. The
stick.' or otherwise. No language was made use of. After the
party apeeinted to perform this duty being alarmed by the expects-
shot three or four men went to take up the man who had been shot,
!non of a fresh attack, left the wounded man, and on their return
and the three men fell upon them. and tried to keep them down
he was no where to be found. Lieutenant Pullen had always di.
with codeine and pistols in their ha ode. I heard no more.
rected witness to abstain from the use of lire-amts, except in cases
Tbines Faller-4 live at 31ilton. and am acquainted with Lob's.
hole, when 1 was en the night of the 3d June, and hennl some of absolute necessity.
Thomas Volar,a boatman in the Preventive Service, corroboratedbring. I era! not there precious to the firing, but .went there on
aseettunt of it. Three of the Preventive Service same up, exclaim. the evidence of the last witness.
Richard Farrell gave shniler testimcny.
mg •s what are all you Nimes doing here ?" I don't remember
Gootge Bell. a seaman of the Preventive Service, attached to
heeling soy answer made. The three men then said, "wo are
Christthurctedeposed to having seen Sheeter and others land from
cords to take some of you gentry," or " fellows," I believe the
wise was •' fellows." One of the men, who appears to be Mr. a boat at that place about three o'clock of the morning after the
Puelen, shot Rea de. I don't know Mr. Pullen. I p
the flash, affair at Lob's
-Rill. The host smelled strongly of spirits.
buneest the person. I did not know Mr. Pullen before, nor hare I S. C. Humpliry idle, Lieutenant on the Chrst Church station, con.
seen biro since. The person who fired seemed shorter than the firmed the testimony of the last witness.
eetbar two men. Ile appeared to he dressed in blue, but can't Mr. pAnPIE it took an objection to the nature of this last evi-
exectly asy what he had got on. That was the first
dence, as irrelevant to tee question dr the guilt or innocence of the
Std when be tame up.. I saw Heade fell, who exclaimed, .. 0 pi-inners.
dear,' 0 dear, help on up ;" I beard no more.• hut went away. Mr. Ensciwg.—The evidence was adduced for the purpose of
proving the attempt to lapel contraband goods at Lob's-hole, on
i did not see either weapons or stick, in the Nandi of my company.
William Wherlcr gave a similar .account of the transactions the 3d June.
which occurred on the night of the 3d June to that of the other Mr. Dalt ma wan ready to admit that fact.
witnesses, on his direct examination. In the course of his cross. Witnesees were then examined as to character, and several moat
examination he said, I know Cherbourg ; my profession is in the respectable individuals appeared is the box, to give testimony to
the humanity and general good conduct, of the prisoner Pullen._
seafaring way ; the last ship I sailed in was the Anne packet
Among them were the Rev. Me. Herrington, who deposed to hi
teem Cowes to Southampton ; I know the Wellington and her
knowledge of the prisnner from his 'minty years. Thomas Yard,
Captain, whose Dente is Silence! ; is me uncle ; I don't know the
Esq. Captain F. Hickey, Captain Freetnantle, Captain Wading,'
owner of the Wellington, although my uncle is Captain ; / have
and Thomas Buckley, Esq., who all bore favourable testimony to
sided in he,. and been at teheebourg in her in the present year.
I know a person of the name of Pearce or Palk, but not panties-
the character of the prisoner.
laxly ; I never was in his employment. - I dont know how long I The CMe few she defence having closed—
tad returned m is country from Cherbourg previous to the 3d of 111 n Justice GA3ELEE charged the Jury ;sad in doing so, re-
Juee. The It Judge here informed the prisoner he was not
question calculated to Imp prisoner
htimseli.
.capitulated the evidence at great length. The Jury, in common
bound to anew y
with himself, must hare to lament the increase of that illegal ape-
John Holbrook sworn-I am a boatman in the Preventive Ser-
cies of traffic which had produced so fregeently fatal accidents imp
erns ; I was at Lob's-hole on the 3d June, in company with two
tar to that into which it was now their duty
of attempting to run to inquire. The Jury
rs othe, and permiying k boat nearing the shore, I 'fired my pistol would remark, that the men sttepected
Sly war of alarm, as also did my two oomix.niona. After we had contraband goods on this OCCILEMI: were this clay generally,
&Winged out pistols, I hoard others directly bred, but I don't designated as • the eomPany.". Under an Act of the !ate
King, Revenue Officers were authorized and empoweerd to
home beeiboaan sense on our own beat's crew came towards us in
seize them, if engaged in the species of trade imputed to theru.
theelheetiee of the veportof pistols. The boat pulled off after my
The Jury had head the evidence, and it was for them to say, catipsolorrood I dischamed our pistols. There were about sixty
whether they believed the periena to whom allusion had been made,
who called me •• a &oil coward," and made use
were or were not engaged in an attempt to smuggle goods on the
af threatening language, holding up their sticks,
night of the 3el June, et Lob's-hole. 11 they had been so engaged,
bielniatnewerdner so any personal nolence. There were about dO
adman mann an the time in all. Ti ,ry rhe„erned. I know the prisoners at the bar were perfectly justified in taking them Into
custody. The evidence which 1t rd been adduced to character for the
lieutenella Pullen. end saw him early in the morning of the 4th
Jane • itwas past 120-clock, whet. he and two or three other men prisonerPullen, lie felt bound to say, was of the most unexcep.
ble y
store of the proofs brought
twice,
ae
eoinedme. I know Evan's, but did not see him in their company ;
flexith anddoe would
bte.of weithegh
raccordingly with the Jury, if
1 believe the.other men were taller than Pullen. Pullen asked mei ey entertained
against him, either by inducing them wholly to acquit the prisoner,
if Imo the company. end whether they were gone ; I said they
or find him guilty of the mitigated ufferice of manelaughter. But
were.; Me. Paco *Coe tome that he had taken a prisoner who had
if they believed the fact clearly proved, soil slut Pullen had ever.
Leen reacuedleom hint by the company, who had used him very 111.
stepped the bound; of duty and discretion, they would find their
lie directed inc to proceed westward, and said he would take a
verdict accordingly. Character, in that case, might operate upon
northerly direction. I went its directed, but was not accompanied
the subsequent judgment of the Court, but was not to be permitted
by him ; flee or ten minutes atm {pared from Lieutenant Pul.
to influence the 'ending of the Jury. He would only acid, if they
len, I heard the report of a pistol:. -I don't know how many men i
'acquitted Pullen of the murder ant! found him guilty of the man. accompanied Lieutenant Pullen ; I left him with three or four
*f be company showed no signs of resistance to me on the Cliff. slaughter, they must necessarily acquit Young, and with these ob-
Crens-examined.—l went to Lob's.hole about 10 o'clock, and saw server:ons, he would leave the ease in their hand..
The Jury, atter a short deliberation, returned a verdict of the boat a few minutes before twelve; there were three men in the ;'
I slaughter against Pullen, and acquitted Young.
Alan-
boat, which was a large one. There were fire men near the boat,
Bathe>edia, in the water, who'reemed in conversation with the peopledetain GASELZE said, the objections taken by his bro-
ther Wfi an early stage of the proceedings to the averments
boat. Before any pistol was fired, saw one man standing
on the midelle of the Cliff; I did not know him ; I knew one oe iof the Inquisition, should be now considered in the light of a motion
those down below, it was Thomas Pearce; he was calling out to
to
in arrest of judgment. Meantime, he would take bail for the pre_
tioner's appearance when called on, himself in 2011., the company come down; he was then standing at the edge of I and two sureties
the water with a stick in his hand. which he broke in two, and in 1004• each' •
nialletowsrds me. The man on the cliff did not say any thing, The primates were then ordered to be discharged.
but the company cause down, when Pearce called out, to the numbs Sonnouele JULY 16.
of lily or sixty, moot of them with stick, in their hands. Pearce CIVIL SIDE.
erdered the men in the boat to come in. The ern signal had been Before Mr. Justice LIT T LEDALE, arid a Special Jury.
fired before this. The company all assembled together. but did not CASE OF THE BOROUGH OF STOCKBRIDGE.
midst the boat. which went off. Pearce called me " a-coward," REX V. COOPER.
and asked me whj•l fired, and did not let the boat come in. After This was an information tiled by the Attorney-General, ex officio,
the boat was out of sight, the company went awayeup the cliff, and ageicet the!defendant Cooper. who claimed to discharge time office
Pearce with them. Clarke, Lee, and myself, were there first; in lof Bailiff of the Borough of Stockbridge: the object of the infor.
tier minutes, cur own boat's crew, seven in number, an officer, four • motion was, to eall upon the defendant to show by what right or
Christ Church men, and a dragoon, joined us. In about mquarter ! authority he sought to fill the office.
of amhoier afeerwarde, Lieutenant Pullen came up. I did not tell I Some years back the Borough of Stockbridge hail been purchased
lent what had:happened with respect to the boat. I went westerly [front the Crown by Mr. fiarhant• the present member, Who claim.
by bee direction ; shortly after I heard the report of pistols, and I nag under that purchase, and, as Lord of the Manor, to the right of
went in the direction of the sewed. 1 there saw Lieutenant Pullen; nominating the Bailiff of that Borough, had appointed the defend.
actin with a man of the name of Pitman in his custody. Pullen I ant, Cooper, to that office. The claim of the Lard of the Manor
had-held of Pitman, mad let him go; he then took off his jacket to Baase denied ere the part of the Crown, and the present trial was
bindzg his arm, bat I did Dot see whether the urn was hurt. 1 dike-W.ln Unit' tondeitinfoe the gmertimer .
Some of the sticks of the company wereeralking sticks, others woe e • The evidence adduced for the defence eras meant to show that it
bludgeons. Peeroe had on a dark topcoat, and a shawl tied round I had been the CIPOOM in the Bornugh fur the conetable of ono year to
hi, neck higher up than usual ; his hat was pulled over his eves, t be appoie ted Bailiff in the ensuing tear, anal it was further alleged
and the collar of his cost penhen up to disguise his features. Next ! that such practice had suhsisteti front the year 1686 to the year
morning I saw sixty tube picked up; they were wet. 1716; and again, from 1797 to lan!, that the same usage had pre-
/Imo:amnia—l did not see any body of the company again that vaned. The near point attempted to be esteblished was; that this
night, with use exception of Pitman. . right of appointing the Bailiff of the Borough was vested in the
This was the ease fee the prosecution. Lord of the Manor. This was sought to be proved by means of
The penmen, being called on for their defence, documentary evidence of a very curious character. The first doer.
leullen read from a written paper to the following effect:—He mein produced, set forth that the Bailiff' was" elected and sworn'"
reformed his Lordship and the Gentlemen of the Jory, that in con-lie the next, he was said to have been •• presented and returned by
sequence of inTimatiect he had received of the intentions of the • the Jury," and, by the last species of documents which were put In
smuggler, to attempt to lard a large cargo of contraband goodie! evidence, it appeared that for the two yeah immediately preceeding,
he had been several days on the watch, previous to the night of the entry had been made in the Court books in this form:—" A. B.
toe ed June, (In that night, while in the company of his men,' was chosen and sworn to serve tile office of Bailiff for the year
young and Williams, and on the look out, as before, he heard ruining"
!lanais, and proceeded along with his men towards the place from This was the nature of the documentary evidence.
which they appeared to come. On their way, they met with Aritneises were brought to prove that for the last two years the
a man named Isaac Rade, whom, from certain circumstances he nght of nomination had been enjoyed and exercised by the present
was led to suspect as being connected with the gang of smuggler,: Lord of the !liana, but there appeared to exist some difficulty
lie accordingly detained him, and gave hint in charge to Veil. and Inconclusiveness in the nature of the evidence, as ter as it
name. As they approached, near Lob's-hole, they perceived a was meant to establish this fact. It was proved shin die Lord
large company of men, several of whom were digitised, their wee in the habit of giving a dinner to the Jury of the 3lanor,
t was blackened, and armed with bludgeous. The party succeeded I and that on °redeem of that dinner it was customary for the Lord
in rescuing Reade out of Ins hands, which they effected weds I to deink the healte of the person whom he was desirous of being
.onsiderable violence; but, notwithstanding he and his men were. C:lofe.o to the effee of Bailiff. But it afterwards appeared in
proeitlil with bre-arms, he told them to firer no resistance, in evidence, that the Jury of the Manor when they were required
order to prevent bloodshed, which might have been finally to make their eketiun, were previously acquainted with the person
tandem, as she smugglers consisted of a body of fifty or snot, whom it au intended to present fur their approbation; and also.
men, mod his party. of but three. The smugglers sinned that previous to the dinner it was Customary for the candidates to
he and hie party to the grossest manner, calling 4.m by solicit the electors, its order to secure their election. Proof was
cite most opprobrious epithets, sad after doing so and endeavouring adduced of this, and that a CitrOMES had taken place among the in-
to provoke them for some time they retired. tie then urderstited lishiumes of the Borough roe that purpose,
thst a boat hed neared tee shore and rut off again on ee_ a was thee argent by Counsel for the defendant, that the do-
teeming am alarm was excited. Ou receiving this information eumentary evideutte relit to prove that the nomination vested
Le relayed to ponce sem of the 'smugglers and endeavour to an. itself in the Lord of the Manor, and that the entries in the books
pelbend Hue ran them. .0n condog up with them ens of tee established the fact of elle Jury having only concurred in the ap-
perry pushed him back violently, and he mid them it' resisted, he pointenent for the purpose of placing it as Mattel' of record on
should be compelled to use fire arms, Om. of them replied, they the Boroosh nooks.
did not OM, and further mid, "we have pistols, too." They then The Wunsch foe the Crown contended, in oppoeitiets to this• that
attacked hien and his men violently with bludgeons, and they wage the terms of the entries newly demonstrated that the right laV In
repeatedly struck; one of the smuggled makirg a blow ar hie the Jury of the Manor, and that if they had been resorted to
bead, which might have had a fatal effect if not warded eft by merely to put the notnination un record• a difintent course would
Williams. Ile received a blew on his erred and-arm. He then hare been adopted. The fart of canvassing the Jury on behalf of
lot go the man he bed seised, and said be believed his arm was the catditLetes wit relied oa to prove Ott the eletion was hi

• -- • • - -
from Milford. I can't say at what o'clock I left Milfind ;it must
base %inn after 1 le4 work, Some of thg mew had smock frocks
on. some jackets. I saw none with blacked facts, or milks : they
had co dimwit*, Of any sorts
Willlaat albbs.—l live 'at Ashley-common, near Memel. 11
know Lob's-holt. I was near that part of the coast on the 3.1 June!
nt L 1 eecktek.araight, When I last went I observed- nothing.,
I never looked at the sea. I asw a boat after the tiring commenced.
'lke Nino was between Lob's-hole and Tuton:bunney. in% I '
heard the &log I was about 300 yards from it, as far as I can
ow. I moat up saira,rila it,'enti saw a great many Preventive.,
men. I. kw, thesis from their having cutlasses and pistol.. Thew
was one whiter with them. I did not know any of them en as to
awrst to ther. I saw a boat going to sea, the other side of the
tireakerif„ about I.ooyezds from shore. I saw nothing more, hut
went ardards home. As I was gOing I heard a hallooing at Lob's-
hale Indlind Me. I caret say what were the words; but I
stood add, sad then the man that was hallooing came up to oa—
ths,* were twsray or, thirty with nie, but I do'nt know who they
%yeas; wheal first heard dig firing I was in company with about
thirty others': I. went to the Cliff then, and there saw a boat going
array froattland, I then was returning homewards with my comma-
room, when a person with three Preventive Sluice men came up;
we were at ape side of a ran of eater and they at the other ; the
wan that was a prisoner asset Retitle) got away from the Preven-
tive men, and into oar party ; he jumped over the water ; I saw
kru struggling, and his jacket was tore, but do'ut know what
means ha look to get away ; axe he got away we all returned
tew,nda home, but I never saw Isaac Resale afterwards : the
twee men then overtook us, and one asked us " whether we
wars ready or not," a man said " ready, what for ?"--the reply was
to tat:e some of you gentry; no more was said. but one of. the
scree men took hold of a man In the lot and tried to take him ; I
. '
Ou'stook bold of
' It was James
seized him with
At that time the
Reade never
, but only tried
t towards home,
Ad fire agan, my
anotherznan was
minetes before
,tr hands, others
Preventive men,
ark; it was the
us Lieut. Pullen.
is three miles
made the slightest
struggled to get
was close to Meade
1 went off. I did
irks in possession
n Pullen and his
none of my party

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iitiot know who he was; he got gray, and the MT!'
Ir ; then he said " have you for the first." F
she was taken hold of second ; the man mist
h tight hand, and shot him with his left directly. At
comparty of Men was stoppesl, and could hot get on.
made any resistance, or attempted to strke any one, I
to get back, and then the pistol was fired. We went u
bi.t the man that tired said, " cock your piptols and ti
lads;" there iris 014 after that order., and snot
allot •; I had been-Phis the company of men ten m
I.lstnhall lige` lciucsvr '9u) oneHbing in their of the Pre
his name IS' tll Youlng, that is he in the dock
shortest of kidd lipid of Reads—it was I
C ..eommon, where I live, is
CO= Lob*, k I nor to mime men made
remetance. ' sap pone offered. Heade merely atm;
batik, 11101 C abori Of resistance. Pullen was c
whethe sb ; qe stepped back as the pistol we
not see there trap any bludgeons, or unlawful sticks
of lb* men, but common walltioa sticks. When Pt
men came up they had a prisoner with them, but non
4sisted him..
John Parket me and examined—l live at alike
Lob's.bule. I..Vattherle'on the 3.1 June, between elev
at night, in coMpany vrith two or three others. The
several pemphey a great many were .of. the Preventive
there weemillio *thins. Somebody twee and °Hera