The National Register.
London, England, 1823-04-28 00:00:00

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NATIONAL REGISTER

from the strange vessel, but could got say who discharged
the piece—they again cried quarter, which was granted,
and the firing ceased. Re again lowered the boat. and
witness's mate !sought the prisoners on hoard the Badger,
and two others-23 in all, out of which seven were
wounded, one of whom died next d ty.
Examination continued.—Out of the 23 the prisoner at
the bar formed a part—witness f I two dead on board
the stranger, which was I lo tons burthen—witesess Nand
on board her eight bales of tobacco of 20 cwt.—lse also
found 20 half ankers (caski) on board, containing Aront
four gallons each, of foreign brandy—there were also II
chests of tea, anti some pepper.
Crnss-examined by Mr. ltrouglsam.—The firing had not
ceased inure than three or four minutes, when it re-com-
menced. The man whom Iteyonas pointed out as the cap-
tain might have been a Dutchman fw any thirst; I know.
I addressiol Replies in English, awl he answered me in
the same language. I pronsi•ed to let theses away. lir Call.,e
I thought they would recommence the action if I did not.
I suffered them to go into a boat, and to get oboist two
caelcr,' length from the vessel, and I then sent my boat to
fetch them back. They had taken their wonsided men
on hoard, andalso a tub of gin, some pi ovedons, and all
their clothes. I know the viz:: is worth 11,0001. and I
• sun entitled to one-eighth.

Charles Brett, a seaman, deposed, that De French-'
berg said, after the Badger's people were on board the
smuggler. "If all were of my mind, I'll be 11—(1 if you
al Id have her nowt I would sootier go down in her."—
This was echoed by sevcral others. Witness remonstrated
with them for firing, Ann one said, "It cannot be helped
now; it is a bad job for 'is. Another said, 6, Irll be i 1 1
if I thought your cutter would ever have caught this ves-
sel—we took you for one of she entail cruisers. We should
never have fired but fur our liberty." When we gut into
the Downs, De Frencliberg and Otlicrs assembled together
in the after-part of the vessel, and begged to speak to
C4pt. Neger. They Sent a message to him by wpmeas,
begging that he would be its ravourehle to them as possi-
ble, fur they supposed they were going to be put un board
the Severn.
Other witness confirmed the foregoing testimony, and
the case for the prosecution closed. .
Dr. Lushington rose to offer objection!' in point of law to the
present proceeding. 'flue Learned Dactor, in an address cc
plate with the most profound learning and eloquent argument,
eonternled, in the first place, that the Btviger had no right
whatever to search the vessel in question, and that the attack
made by the former was illegal, and not authorised-by any ex-
isting solute,
Mr. Justice Parke said, lie begged pardon for interrupting
the Learned Doctor, but it might he the most convenient course
to inform hiim, that it was the intention of the Cbort to reserve
all these points for the consideration of the twelve judges.—
Thie being the case, it would be only • waste of his (Dr. L.'s)
valuable strength, and of the time of the Court; to proceed
further at present. lie again begged pardon for interrupting
the Learned Doctor, but he would be aware that he had only
the coonvenience of all panics in view.
The Learned Counsel having acquiesced, Mr. Brougham in-
formed their Lordships that he hriff upwards of twenty wit-
nesses to call, and it was impossible to say at what time the
trial would conclude.
The Judges consulted, end Mr. Justice Parke isifortned the.
Jury of the intimation of Mr. Brougham. observing that the
trial would. iu all probability, last until five o'clock in the
wonting if they proceeded with it, and perhaps they would
think it better, exhausted as they Must att necessarily be, le
adjourn until the next morning. He must, however, inform
them that he could not permit them to separate until the trial
was Relished. They most he conducted to some coffee house,
under the care of same °Meer for the night.
The Foreman of the Jery, on behalf of himself and fellows/
offered some objections, but finally acceded to the preposition,
and the Court adjourned until ten o'clock to-morrow.
The Jury were conducted to the London Coffee House ander
the care of an officer of the Court, who was sworn to watch
and keep Owns from all communication with other persona.
SATURDAY. Arun. 26.—The Right lion. Lord Stowell,
Mr. Justice Park, and Mr. Baron Bullock entered the Court
precisely at ten o'clock, when the prisoners were placed et the
bar, and the Jury (who bad been locked up at the London
Coffee-house all night) were sworn, when
Mr. Brougham proceeded to examine witnesses for the de-
fence.
The memorial of Captnin Reymas was then read by Mr.
Clark. It set forth that he was s native of Flushing—that
when he saw the B.ulyrr, he thought it a French vessel—denied
that the crew of the Four Brothers (the smuggler) cried for
go r or.
The next stateinent read wits from Marine! ?Cram It also
stated that he was a native of Flushing—denied seeing Cm
oolours of the Padyer, or the right of an English vessel to-bring
a Dutch sail to in the time of pease. He said he fired in his
own defence, which he considered he had a right to do.. He
considered the revenue laws of England were extremely op-
pressive when carried into effeet by acts of eggresaion. He
went on to remind the Court that the crew of the Badger were
interested witnesses, ast, in case of their conviction, the vessel
and cargo would be condemned. Although a foreigner, he had
conflates' in the discernment of a British Jury, and would leave
his case in their hands.
John Debie, the interpreter, examined by Mr. Adolphus.—
Witness is • ship-broker, and perfectly acquainted with the
Dutch language. The papers produced were a manifest of
cargo, a • rtifieate of clearance, &c. The documents wave re-
gularly signed by the custom-house officer, stating that be had
examined the cargo—the owners name was not inaerted.
A Juryman—ls it usual to have the owner's name in the sea-
pass ?
Witness—Always in British,. lint never in foreign vessels.
A number of witnesses proved several o'f'the prisoners to be
natives of Flushing.
Captain Lone, in the West India service, proved, that if
two vessels were taken in charm before the wind, and the
hindermost had an ensign at the gaff end, it could not be seen
by the foremost vessel. The sails being quanted out would
prevent it.
Mr. Justice Park proceeded to aliarge the Jury. The sum-
ming up occupied upward, of three boars.—The Jury retired,
and at • quarter-past seven o'clock, after in absence of two
hours, returned, and the foreman read rho following verdict
from a paper:—" We find the prisoners NOT GUILL'Y— the
ship and cargo being foreign property, and wore than one half
of the crew being foreigners."
The verdict was hailed with a burst of applanse from a
crowded court—a lance which called fur some severe
remarks from Mr. Justice Park.