The Sun.
London, England, 1863-04-30 00:00:00

CONTRABAND FOR POLAND.

At the Gravesend Police-court, on Wednesday,
Mr. Beverley, solicitor, attended to prosecute, on
behalf of the Commissioners of Customs, Mr. Robert
Weatherley, master of a vessel named the Ward
Jackson, for an infringement of the Supplementary
Customs' Consolidation Act, 1855, sec. 11. The
information laid was as follows :—" That, on the
21st day of March last past, the ship Ward Jack-
son, of which one Robert Weatherley was then and
there master, and then and there having cargo on
board, did depart from the port of London without
being duly cleared, contrary to sec. 11 of the Sup-
plemental Custon.is' Consolidation Act, 1855,
whereby the said Robert Weatherley, so being such
master of the said ship, has forfeited the sum
of £100."

Mr. Beverley proceeded to say that, on March 20,
the Ward Jackson arrived at Gravesend in ballast,
L and proceeded to take on board a cargo of cases and
casks. She was returned to the authorities as being
laden with hard wire, but in consequence of receiv-
ing certain information from Russia, the Commis•
sioners of Customs in London sent directions to the
superintendent at Gravesend to examine the cargo
of the Ward Jackson, and in the meantime refused
a clearance order. The examination revealed the fact
that the cargo consisted of powder and firearms, in-
tended to aid the Poles in the insurrection going on
in Poland, and directions were given for the goods
incorrectly described to be seized, as they were
liable to forfeiture. The defendant, as mas
ter of the vessel, was informed of this, but he
left Gravesend with his vessel for sea, and took two
Customs' officers on board as far as Southend. Here
they landed, and about 200 Poles, who were at
Southend, awaiting the ari ival of the Ward Jack-
son, boarded her. By this conduct the defendant
had made himself liable under the Enlistment Act,
but this he (Mr. Beverley) did not take up, and
only asked the magistrate to mulct the defendant in
the penalty provided for in the Act under which
the information was laid.
The following evidence was then adduced :
Mr. Henry Cawlier stated that he was the prin-
cipal in the searchers' department of the Custom.
house in London. No clearance had been made of
the Ward Jackson on her last voyage, for which
she left the port of London on the 21st of March
last. It was the duty of witness to direct the issue
of clearance orders. On the 21st of March last
the defendant wai ed on him at the Custom-house,
in London, and applied for a clearance for the
Ward Jackson, but witness told him that he had
goods on board incorrectly described, and
that the order could not be issued before an inves-
tigation had been made. Defendant promised to
call on the following Monday, to renew his appli-
cation for the clearance.

Mr. Cotterell, solicitor, who appeared for the
defendant, here produced a document which was
admitted to be a clearance order of the Ward Jack-
son, issued at Hartlepool. In cross examination,
however, Mr. Ca miler said that that would not dis
pense with a new order being required before the
vessel left London poet.

Mr. Robert Gray, superintendent of the Custom-
house at Gravesend, said that on the 21st of March
he received orders to examine the cargo of the Ward
Jackson, which was lying off the Ship and Lobster.
It consisted of bales, cases, and casks filled with
powder, shot, rifles, and muskets. He was directed
to seize all goods which had been incorrectly de-
scribed ; and at nine o'clock in the evening of the
21st he went en boas d, and acquainted the defen-
dant of the order he had received. Defendant re-
plied, " Well, you can take them out ; I am
getting the steam up, and as soon as the vessel is
ready I shall proceed to sea." Witness cautioned
the defendant that if he did so it would be at his
own risk, and that he must not take the officers who
were on board out of the port. To this he answered
"If you don't remove them I shall take them
away." Witness then left the ship, and in about
two hours afterwards she left, without having had
a clearance order.

Ed win Lovell, a Custom-house officer, who, with
another man, was stationed on board the vessel
while she was lying off Gravesend, deposed to being
taken to Southend, and there seeing upwards of 200

Poles taken on board her. He a'so saw the cargo

placed in the vessel at Gravesend, consisting of am

munition.

In addressing the Bench for the defendant, Mr.
Cotterell said that in the first place he should urge
that the master in charge of the vessel did not know
that the vessel was laden with contraband, and con-

sequently could not be held liable. The defendant
was engaged by the owners, Messrs. Williams and
Giles, of London, to take the vessel to Dantsic from
Hartlepool, via Loudon. He was informed that he
would have to take in 30 or 40 tons of cargo at
Gravesend, and about 220 passengers ; which he
did without the knowledge that she was contra-'
band. Since the occurrence the defendant had been
dismissed from the ship, and he hoped the magis-
trates would not impose the penalty upon his client
out upon responsible parties, the owners.
The magistrates informed the defendant that the
act clearly defined that he was the responsible party
and as they considered the offence to be of a daring
penalty
of they should inflict upon him a
lty
of £5O, and £lO costs.