The Sun.
London, England, 1823-04-28 00:00:00

ADMIRALTY SESSIONS.

TRIAL. OF THE FOLKESTONE SMUG.° LERS.
Saturday, at ten o'clock, the Court sat and proceeded on the
• trial. Mr. Justice PARK asked Mr. BuotrairAN (in the ab-
sence of Dr. Ix suncroT ON ), whether he wished to have two pa-
pers putin by Dr. Ltrsu NGTO Nr, read. MLBa o u RAM replied
in the affirmative. The papers were accordingly read. The first
was a defence addressed to the Court by It eymer, stating that he
• was employed on board the Four Brothers as pilot, on the day of
the engagement, and took no part in it. The' d was from Kraus,
master of the Four Brothers, and stated that the FoUr Brothers
belonged to Flushing, and that he was directed by the master to
land the cargo on the coast of Spain. It denied the right of
England to bring a Dutch vessel to on the high seas in time of
peace, or that any law made in this country could bind the
subjects of another country ; and supposed the French to have
made a similar law, asked would the English submit to it? He
solemnly denied that there was any cry for quarter on board the •
Four Brothers, but that sonic over-statement was to.be expect-
ed when it was considered that the Four Brothers and her
cargo were worth 11,00 W. which if forfeited would almost all •
become the property of the Master of the Badger and. her crew. •
Ile also complained of the cruelty practised on him helbre he
was taken to prison.
John Belie, examined by Mr. ADOLPHITS-Witri ess is a
ship-broker, well acquainted with the Dutch language and ship's
papers ; the papers produced (Six in number) were the regular
Dutch ship's papers,. the clearance stated that the Four Bro.
tilers was bound to Ferrol; the names of the owners are never
put in Dutch papers.
James Lowes, examined by Mr. Bnotarrast—Witness is a
ship-builderut Flushing, is a native of Kent; he built the Four
Brothers ; she was launched last October • he sold her to Mr.
Inglebert, a Dutchman, who- lives with his family at Middle.
burgh ; proved the receipts he gave for the price of the vessel ;
atter he sold the Four Brothers, Krans and Carl Kelkerigged
her.

On his cross-examination, he said he lived 35 years at Sand.
gate, and knew Joseph Wells, who is now called Reymer. and
one of the prisoners; he was -asked respecting his knowledge
of all the other prisoners, but denied having seen any other of
them before, except the Dutch Master.
Bowing Dettermg was examined through an interpreter.—
Witness is a native of Middleburgh, and nliohant there. Mr.
Inglebert is a merchant there, anti a natiire ; knows the vessel
called the !Four Brothers ; a cargo of tobacco, gin and tea,
was shipped on board her in January last, by merchants of the
firm of Mintin and Company, one4hird on account of witness ;
-she rleared, out for'Fersae, -a. Danish island,, but orders were
given to the master to proceed to Portugal, and a letter was
given to him to be delivered to a house there, which letter clan.
tamed directions-to sell the cargo, and send the amount. by the
enetain in cash. Directions were given to the master to take
a pilot, as he was not sufficiently acquainted with the channel ;
saw Mr. Inglebert on the 15th of this month, at Middleburgh
he was very ill, quite unable to come to this country ; witness
]produced the invoice of cargo 'received from Mintin and Co.,
by whom it was shipped.. Ile paid for his one-third of the
cargo to Inglebert.
On his cross-examination, the witness said, he had dealt in
spirits Una tobacco for twenty years; shipped spirits in small
maks anti bottles, and tobacco in small parcels. The vessels
in those cases were never sent to England or Ireland, nor the
cargoes intended to be smuggled into England or Ireland.
Van Oldenheek, examined through the Interpreter.—Lives at
'Flushing, and keeps a lodging house, and is a carpenter;. knows
Cornelius Winer seven years ; lives in Flushing with his fa-
rally; is known there by the name of Joe %ITN; thinks him an
Englishman ; gets his livingas a semen ; knows Cusing, was-n
sail-maker in Flushing, and came from Ostend ; knows Cusing,
the prisoner, seven or eight years ; as far as witness knows, both
Cuttings are Englishmen ; the register of baptism was kept in the
town house of Flushing, which was burned to theground by hem.
bard men t ; knowS Abram de nolinattr, the prisoner ; is a native
of Flushing; theprisoner,Bobileau is a Dutchman; never heard
him speak, any other language ; Schmid is also a Dutch sailor;
his father. is an • Englishman, but lived at Flushing ; knows
Keist de Molinaar ,• he is a native of Flushing ; knows one of
the prisoners by the name of Wills seven or eight years ; his
father lived at Flushing 23 years ago, and had -children hying
with him ; he was an Englishman ; he knew Joseph Sanders,
who was said to have been killed on board the Four Brothers.
• AIL Buoutill'ast submitted to the Court, that the proof re-
speelitig the country to which the men, who were killed, be-
longed, lay on the prosecutors.
• Mr. Justice PARK said he should give no opinion on that
pointat-presvnt ; the Counsel for ,the defence would take their
own coarse.

The examination of the witness proceeded :—lle was a
Dutchman. Persons keeping )edging houses' in Flushing are
obliged to return s" account of their lodgers to the Commissary
of Police every c eni g. The other men who were said to be
killed on board the Four Brothers, had lodged in his house,
and he always thought they were Americans, and returned
them as such to the Commissary.
Conrad Conrad examined by Mr. Iln onGliA3l.—Witness is
a seaman living at Flushing, of which he is a native ; he knows
Joe Wills four years ; he is a sailor and a burgher of-Flushing,
having a wife and family living there. Knows Thomas Cusing
in Flushing eight or ten years t his grandfather was a sair..
maker in Flushing.
Sarah Curtis, examined by Mr. DROUGHAM,b an Eng..
lisp woman ; lived in Flushing these 29 years married A bra..
ham De Alolinaar, the father of Kreis Molinaar„ the prisoner,
who is her son ; was born at Flushing, and brought up to the
sc.t, and followed it ever since.

Richard in Folkestone; is son of Richard Wills,
of Folkstone, who was a mariner ; remembers his mother going
to Holland with his father. Witness was-then 8 years old—his
mother brought a young son with her on her return.—witness
identified the prisoner Reymer as his brother, who was then
broughtto England by his mother. Wm. Wills, the prisoner's
son, was born at Flushing; witness was at Flushing on secret
service for Government; witness is a burgher of Flushing 27
years; witness identified the prisoner, '1 limner,- as his son
Wim Wills who was born in Flushing; witness had been of,
ten there, and lived there at that time for 18 months ; his bro.
ther the prisoner is about 47 years old.
Philippa Langbrasie
.examined—ls Cl_. years old ;. lived in
Ostend fiti years • ' knew a woman of .the name of Elizabeth
_Wills who came from England, and died at Ostend 38 years
ago. She recollected another wonum..of the name of Wills hay.
mg comc to her husband at Ostend, and liming a son there About
the year 1776. '-
Eleanor Gates is an English woman, living at Flushing and
other parts of the Netherlands thirty years. William Brice
Wills was born in Flushing about VI years ago._ The woman
in whose house he was born was killed during the bombard.
meat; she had known William Bruce Wills ever since. Thos.
canting Wan born in Flushing ; she knew hint ever since, living
in Flushing when he was -not at sea. Two years ago lie was-
drafted into the Dutch militia, and is liable to serve when
call ^d on.

Daniel Milton lives at Folkestone. The prisoner Vollin-
maree, is his son, and was born in Flashing in the year 1789 ;
witness lived there at tl►e time for ti►ur years. 'Witness came
home in the year 1790 ; after which England was the prisoner's
home.
Ann Boxer, lives at Folkestone. Hancock -Allister, the
prisoner, ix her son, and was born at Ostend about forty years
ago her husband was a seaman, and she at that time staid in

PRICE SEVEIi;PENCE.

Ostend for eighteen months, during which time her hushaPtl
sailed from that port.
On her cross-examination she said she returned to England
when her son was six months old, and had been baptised at
Folkestone, where he lived ever since, except when at sea.
William Boxer proved that he was master of a. vessel in the
year 17113 ; the father of the prisoner, Boxer, was one of the
sailors ; he took his wife to Ostend in' that year, where she
lived for some time.

After some conversation amongst the Counsel for the prose-
cution, Mr. Nasan was called up and examined by Mr. justice
cPanx..--They were nine or ten miles from the coast of France
hen they first saw the Four Brothers, and thirteen or fourteen
leagues offthe English coast when she came up with her ; the
Four Brothers was rot at that time while in his view, nearer the'
coast of France than nine erten miles.
Pepplewell stated, that when the Four Brothers was
first seen, she was about three or four leagues from the French
coast; she was at no time nearer.
James Harper and Charles Brett-corroborated this fact.
The defence proceeded.
Fouche examined—ls a Lieutenant of the French
customs at Marlemont ; he saw the ergagment between the
two vessels on the morning of the 13th of .January, about eight
o'clock ; they were about one league from the shores he made
a report to his Chief the day after..
Marce tie Mouton saw two vessels near the French coast on
the morning a the 13th of January ; they were about one
league distant from 31arlemont ; they fired at each other ; be
could nor see whether they had colours flying.
The defence closed.
Mr. Justice PARK charged the Jury. and recapitulated the
whole of the evidence. The first question, he said, for the
consideration of the Jury, was, whether the ship, either wholly
or in part, was British property': and the next, which of the
prisoners were British, and which were foreign subjects ; for
upon that hereafter would arise a most weighty consideration of
law, which was new, and must be decided by the judges of the
land. It was not because a person was born locally abroad,
his parents being British, that therefore be ceased to be a Bri-
tish subject. lie concluded by directing the Jury to find a
special verdict upon the points he hail mentioned, so as to raise
the ultimate consideration upon the law of the case.
In answer tea question from a Juror—
Mr. Justice PARK said, that persons born in this country of
foreign parents were clearly amenable to the laws of England.
Lord STOWELL—And the same may be said of the children
of British parents born in other counties. They owe an idle-
&nee to the parent State, and are also amenable to the laws of
the country in which they happen to live
At five o'clock the Jury retired, and having deliberated for
two hours, returned a verdict of Not Guilty, as to all the pri.
soners, finding that the ship and ca were wholly foreign pro-
perty, and that more than one half the crew were foreigners.
The prisoners were then given in charge to the Jury on an in-
dictment for murder, for which a bill had been found in conse.
quence of one of the Badger's crew (Cullum) having been killed,
and no evidence being offered, they were immediately acquitted.
Shortly after the 21 men who were acquitted on Saturday as
above mentioned, arrived at Newgate, some of them expressed a
wish to be supplied with moral and religious publications in the
Dutch language. Mr. Baker, of the Tower, applied at the deist).
sitories of the British and Foreign Bsa ible id Tract Societies, and
procured an ample supply of Bibles and Tracts in the Dutch lan-
guage for the use of those who were Foreigners, for which they
expressed their gratitude. They afterwards forined a model
of a first rate man of war, with guns, cordage, rigging, and
every necessary appendage complete, which they requested of
Mr. Baker to accept, as a testimony of their appreciation of
hts valuable services. The model is about three feet from head
to stern, with masts proportionably nigh.