The Sun.
London, England, 1823-08-07 00:00:00

report then of a third piece. They had then run nearly half a
mile landward as near as he could judge. lie was then in the
field called the Lowlattd.field. The rails were nearly half
mile from it. As soon as the third shot was fired, he heard a
man fall and say, " 0 Lord Almighty God I" and witness
felt a ball come through the sleeve of his own frock. (The
frock was exhibited). 'After that, be heard the report of ano-
ther piece. In the whole course of that time no opposition was
made to the blockadingmen ; the party were only making the
best of their way from them. Most of the men were dressed.
in smock-frocks.
John Wrattan, a labourer, living at West Hythe, was of the
same p.arty, and he described the general features of the trans.
action in the same manner as the preceding witnesses. The
officer fired apparently right at the party.
John Dixon, a Seafaring man, of Folkestone, deposed, that
on the Mile in question lie was one of the partyof 16. He had
no arms. Saw the prisoner and his tnan, named Everett, with
him. Had known the prisoner before by name and person.'
The flat thing done was Mr. Hamilton's firing.a musket.. All
hands then ran away; whilst they were running be heard two
more pieces fire. Three pieces were fired before the deceased fell.
Witness and the deceased ran nearly together they found them.
selves purstied by the prisioner and his sitar. No ou e was with wit-
mesa but the deceased. Other men were running in the same direcs
tion. Witness had hold of deceased'a because-he could
not get along. He was a man 47 years of age. Witness let go
of deceased's collar; et that moment a piece wait fired, and the
deceased fell at his feet; he thought he had tripped over a mole
bill. Witness got from him -about five yards, when the de-
ceased exclaimed, " O. Lord Almighty God I I am shot 1 0
dear, John, I ant shot !" NVitness immediately turned back,
and met the prisoner with a musket in his band. lie immedi-
ately up with his minket, and knocked the witness down with
the iron part. Witness had not said or done any thing to the
prisoner. He told him to go back to his man. Witness said
to the prisoner, " This is teahocking job," having the deceased
then in hie arms. The prisoner said, "No reply, you rascal—
no reply." Could not be certain whether he used the word
rascal • The prisoner then took out a cartridge from his pocket,
or cartouclte box. Before lie got the piece reloaded, up came
Everett, and he ordered him to fire for an alarm. After lie
fired fur an aim), four men of the blockade came up, and teak
the deceased upon a wattle to the cottage of a man named
Brawn; hut before he got there he was dead. Witness was put
ii. prison, and remained there seven days.
Cross-examined.=-Witniss was there with an intention to
smuggle. Did not know that he was an old hand at smug-
gling.. Did not know that be was ever taken up for. arnitgiiiing.
He would own that he had been taken up for smuggling before.
It was so manyyears aro, lie had forgotten it. He paid for it.
He paid Government itiot. for it. Could not tell rightly how
long. Could not tell whether it was five or fifteen years area.
It was ablaut ten years ago. That was not the only time. He
had been taken on board of a man-of-war for smuggling, and
hid been to the West Indies. He was in prison for seven
days on this business, on suspicion of smuggling. Was not
the marksman on this occasion. Did not know that expression. •
There was no armed party that night. Never knew such a
thing as an anted party. Could not tell, within a hundred,
how many times he had been out.. GaVe the same account be-
fore the Coeonee.hs he Kuala-day of. this transaction. Benja-
min Streaton desired witnesslse out that night. He hired
him. Witness went by.the name of John Dixon, which was
his right name. Sometimes went by the tame of Taylor, but
was best known by the name Of. Dixon. The boat was expect-
ed near Mr. Dray's summel,hOuse. Did not see the boat.
Had gone from, Butter's Bridge-house, In the Marsh, about
amile an a half from Mr. Dray's house, Did not know who
a'af the commander of the party. There were 15 men besides
himself: Had courted them abouta quarter of an hour before
the blockade-men came. Not one Man had any arms.
Re-exatnined.—His father's natio was George Taylor; his
tiadther's was Dixon. Went into ;We navy about eight years
ago, and served two years. There he went by -the name of
Dixon. When be paid the .100/. to the King, he went. by his
father'S name. Would not have gone with ii;. party if they
were armed. Was examined before the Coroner. At that
time he was in custody.
John Dale, a publican of Follcatones deposed that he knew
the prisoner. On the 23d of Jube, while the prisoner was in
otiatOdy, he went to him to get a book. which he had lent
him. Their conversation turned upon the death of Conley. Ile
asked witness what the Folkestone people said about it? Wit-
ness repned that he had heard but little about it. The prisoner
said it eras tbe best thing that ever happened for him, and that
he should be Mee:en:tint Hamilton, an should get rid of three
or four rears hard service. That was Witnesinreeolleeted.
Mr. John Pendell,
a SU rgeON of New Romney, deposed that
he was called in to examine the bcdy et the deceased. Found
a gun-shot wound. Had no doubt the round occasioned
death. One of the coteries seas lacerated, . Ilmmorrhage was
the immediate cause of the death.
The prisoner being called upon for his defence, handed in a
written paper, which was .read by the Clerk of the arraigns, to
the following effect:— • •
" Gentlemen of the Jury—Previous to the 10th of June, I
had been employed at Foilteatone in the preventive service, and
I came to the Hythe .district for the first time on that day, and
was. stationed at a mariello.tower near Diinchurch. On the
eight of that day I was upon duty, accompanied by a man of
the name of Samuel Everett. At the bark of a -cottage ocett.
pied by one Thomas Brown, where my attention heti been at-
meted by hearing an unustiel mac, about half-past twelve
(the night being starlight), I obeetved a body of between 40 and
.50 mon, apparently kneeling, some of thetn having gune in their
hands. Altera moment's hesitation, I advanced with my sword
in hand, calling upon them to give an account of themselves.
Upon 'receiving no answer, I was confirmed in my suspicion
that the)* were smugglers. I then. made the usual signal for
aid, by firing a pistol In the stir, ,wpon which all of them rose. •
and those who were armed placed their guns in a position to
fire, forming no triangle.' I returned the: sword to the iicab.
bard, and, took Everette musket, which, ,firm its greaten length
(having the bayonet fixed), I considered a better instrument
of defence fie the perilous situation in which we were -then
placed. A portion of the smugglers,. upon observing what
1 had done, began to retreat; upon which those who remained
shouted Come back, and we will give it to them.' I then tirS
dared Everett to make another eignal, by firing his pistol in the
air. In coneequenee of tine second sire!, all the party, fearing
*trebly that assistance would speedily be effordect, ran of, in
the direction of some premises belonging to Mr. Dray. I fol.
kwo, but being unacquainted with the spot, became impeded
in toy pursuit by the paling of the garden.. At this moment
several shots were disch o
arged by the smugglers. 1 ale fired
a signal, and followed in direction which I imeettned they
had taken. My object in piirsuiog theta was to ascertain *bee
ther they had eny smuggled goods, and my signals were not
only intenee4 to eau assestariee, but to point out to those %On
should come to it the direetion we had Wont. After I had ad.
vaneed a few hundred yards, in consequence of stumbling over
a drain, which, owing .to the ilarknete, l Led not perceived ; in'
the act of falling my musket eceidentally went off. linen rms.
vering myself, without waiting to reload the musket, I cond.
nued to pursue the, smugglers, and came up within a few yards
~
of them, when one, who was behind the rest, and who proved
to be John Dixon, called out to his corntedes to' come back,
saying one of hitmen was wounded, and begged-me to
return to elle spot where he lay. I Inamediately turned hack
for the space of severity ystt6, and round.a man lving upon
the women who said ha bed been shot. Ue on Mr. Bain-
bridge, with a party of semen, corning up, we carried the
wounded -man towards Brown",s cottage, where he expired he-
only with my pistols;:
fore admittance could be gained. The reedinese with which I
returned, and the succour which at the monient I rendered,
I trust will convince you that I could not be conscious of hay.
soleingnbienelny ,dthi eacat luBfiere°4r s
and that the musket was discharged butt once, when, it accia!
dentally went oft' in coneepenee of my fall. But though' this;
is the fact, I sin advieed, that, in Paint of law, if it had been
otherwine, and I had need et themugs/tiers, there
are- two'
his
if;n
grnienda which would constitute a jOtification—firet, that thee.
allteantht. Gentlemen, I declare most.he
air
were in the commiesion a a capital felony, in the edurse of,
which they discharged firc-arrns at roystli told Evevett who
were then legally acting nor the preyettion of the ()fence 'in
which they were engitgetin and, secondly, that if they were
.engaged its en 'offence that does TIM ntpotint to felony, they
discharged fire-arms at Everett anti nlYneif, before, any inst
It will be altewn by the '
ourotr
parr, could justify therm itnesses to
be celled on my behalf, that immediately after the second signal
had been made, which e ordered in conaequence of the thrent
to offer violence, a diacharfe of tire-mms, by the murkier%
directed towards myself an , Enetntt, took Place.' It Will be
shown, by the marks made' Now the back of Mr. Drny'a
stables, that those fire-arms Were lauded with ball,ger
and that
I and- Everett heti been exPeted 'emainerable drin.---
This- happened Prot time before the deceee couldtede „__
receive
his wound. But, gentlemen, 1 tic nut further emerge

ground of defence,. .because I again most solemnly declare.
that I never fired at the smugglers. I believe
,most ceineciene
tieusly. that I was not even accidentally the cause of this'
unfortunate man's death.., It *ill be shown by the testimony
of a surgeon, experienced in gun-shot wounds, thittehe wound
was received in front, which could not have happened at a rmi-
thent when he was retriting, and I was in pursuit ; and there-
fore it is quite impossible that the ball could have issued from
my musket. And you will hear that shot* lead. just before
been diseharged by Ills own party front a bank about GO yards'
in advance of him, one of which doubtless produced the fatal
event. Gentlemen, I leave my case in your hands. I need
not, lam sure, call upon you to dismiss any unfavourable im-
pressions that may have been attempted to be iruitilled 'into
your minds. You must be aware, that in the course of our
doty—a %nom painful duty—we ere exposed to conflict* with
smugglers, who are living in the daily violation of the law.
They assemble in great numbers, and generally with arms. Their
desperate habits are such, that these conflicts are always meet
dangerous, and sometimes most fatal. Within the last 5 years
very many persons have been shot by smugglers on this coast,.and to this time the offenders hive escaped undiscovered. If
on these occasions an accident happens le themseltee, no pains-
are spared, end no means are unemployed to misrepresent the
facts to the prejudice of the poems in the preventive eerviee.
It, therefore, by their enrol upon' the toast, or by theirawearees
In a court of justice, . they can deter us from the performence of
our duty, they will smuggle with impunity, and all the laws
for the protect= of the customs will live been passed In vain."
The following witnesses were then called for the defence:—
Mr. John Williams, a navy surgeon of the Ramillies, exa.
mined the body of the deceased, in the presence of Mr. Ran-
dolph, and was unequivocally of opinion that the ball entered
in front, and passed out behind the body. The wound in the
forepart—namely, fn the hip—was much smaller than that bee
hind ; its edges were smooth and depressed, or turned inwards.
The opening behind was about twice or three times the sire of'
that before,. and was ragged anti uneven. This proved most
unequivocally, that the- ball entered in front : the ball, with
diminished impetuosity, having torn itself out. '
Robert Parks, a seaman 'euiployed in the preventive service,
deposed that he was on duty at Dimchurch-wall .on the night
of the I Ith of June. About halfspast twelve he saw the glare
and heard the report of two firearms. Could not tell whether
they were pistols or muskets. They came from the westward,
in which direction Mr. Dray's premises were. He then heard
three other discharges from the- right of a brick building on
Mr. Dray's premises. in the whole, he heard about ten dis.
charges.
Joseph A. Bainbridge, a midshipman In the preventive ser-
vice, deposed that he was on ditty at Pimchurch-wall on the
night in question. About half-past twelve he heard the report
of two pieces, one immediately after the other, in &direction
from Mr. Dray's premises. He proceeded to the direction
whence the tiring was heard, and in his way heard more shots.
In -all. the reports were eight in number. These reports ape
peered to be inland. His station was nearly a mile from Mr.
Dray's premises. The last report appeared to come from the
marshes. When abreast of Mr. Dray's premises, he heard'
voices. He went to the spot, and found the prisoner in a field
at the back of Mr.. Dray's premises. He saw the deceased
sitting on the ground and a man supporting him. After he
came up, another piece was fired, which came from the
westward. In-the coarse of the night he heard ten reports.
The whole space of time during which these firings occurred
was about ten minutes.
William Jones, quartermaster in the preventive service, de,
posed that he was at the tower No. 22 on the night in ve.stion,
about half a mile from Mr. Dray's house. In all he heard ten
shots,'which appeared to be from muskets.
Cross-examined.--All the reports he heard were within an
hour. They appeared to come from inland. Every succeed.
ing shot appeared more inland. They appeared to be shot by
I three or four different peOple.
Samuel Everett, a seaman of the. Ramillies, deposed that he
was out with the .prittoner on the night in question. The
prisoner came first to ;het station on the .10th of *Tuna. 001te
night in question they were near Mr. Dray's house, and hiSid
some people talking. He .was armed with a musket, a bayonet,
and a. cutlass: • The prisoner wits aimed with, a brace of
pistols and a cutlans. Ile was decreed in a blue jacket and
.troweera. Upon.hearing the people talking,. they went up to
•Mr. Dray's rails, and saw betweenforty and fifty Ili en leaning
on the rails. About twenty of them werearined with lorn:guns.
The prisoner asked . them what they were doing ? They
said hatoa I holloa ! Seine that had the'arena came out in
i front of witness. soma of them began to move, and one of
the party cried out, " I say, come beck here, and we'll give it
to them. 'l'he prisoner then fired an alarm pistol in the
air. Witness also fired an alarm pistol in the air. Neither
of these pistols were pointed at the muggier. The smugglers
were between four and five yards all at that time. If wit-
ness had fired at them he could not have missed them. They
ran away. Hcfbre they ran away witness gave his musket
to the prisoner, but lie did not discharge it at that. time. The
smugglers ran, as he supposed, between Mr. Dray's house and
the stable. Witness got into Mr. Dray's garden over some
pales. When he got over he fhtind some garden
pales.
soon as he got in they heard three fire-arms discharged from
backer Mr. Dray's stable. They were tired close together, ie
if by three people. Witness tore his trowsers in getting over
the pales. They pursued the smugglers up the marsh. As
they were going up the marsh, he observed a musket going i
off a-head of him. Soon afterwards seven other fire-arms went
off right and left. He saw the prisoner rising from the ground
when his musiket wept off. Ile appeared as if he had, fallen
doWn and was getting up. At the stop there was a little ridge.
Witness came up, and heard Dixon say, " Coble back, here is
one of our men wounded." This was, as If he was speaking to
his own party. Dixon then said, " For God sake let us get a
wattle and take this poor man to some place where he can get
some assistance." Witness tired aWn signal pistol. The pri-
soner never desired witness to give him his musket, saying he
would shoot the —. He did not call witness by the.name of
" Sam ;" could not know that hie name was Sam: The pri-
%oiler did riot, know witness before.
CrOSs-Cl4Blllined.—The prisoner did ask him for his musket.
Was quite sure he heard fourteen reports. Did not see the
.prisoner take a .cartridge out of his pocket. Witness was gone
for a wattle for about a (planer of an hour.
Lieu ten ant. Graham, of the Rainillies, was stationed at Dover
on the 11th of Arne,. On the 12th, baring Of this event, he
went to Piinchurch to inquire into it. On examining the land
side of Dray's stables, on the lhth June, he found three bullet i
mark& In consequence of a report which he hoard, he called
upon Dale, who keeps the Veltent Sailor puhlic-housee He
told the witness he had seen the prisoner in Pimehurett jail.—
Dale mild that the prisoner complained of the cold and confine.
Meat ; that he appeered to be in good spirits, but it was evi.
dently put on. NV hen Dale told him that the prisoner said he
eXpeeted to be promoted, witntee, asked him whether he did
not understand him to mean thet he expected
iLrolamtahtair
lieo e
daredc n s e qtuoe
snacye o td:athwisassillifibisrimneagns
itngto. which
Cross-examinees—Hati no doubt that the marks on the wall
of the stable, which was brick-built, were made by umeleet.. 1
shots. Witness had staid to Dale, that if the primmer had made
any such remark, it was a silly remark, and that he thought '
better of Mr. Hamilton's good sense and humanity to make
so inhuman and improper a remark. Witness knows nothing
against Dale's character.
Re.examineci.—ilae known the prisoner l *years. Witness
did not know a more humane young Mau. He was a gencW
man of high honour and- -correct deportment. The yrieoner
was tea much a gentleman to use the coarse language imputed
to him by the witnesses for the pzosecution. In his manners
he was a perfect gee tleman,. and his disposition was elwaye
kind, humane, and. gentle. He believed him incapable of aoy
thing like inhumanity or an insensible disposition ; and among-et
his brother officers and brother sailers, he bore the character of
an honourable, brave, and high.epirited man. , • •
'Severe] witnesses were then tendered to speak to the pri.:
sooer's character, when

Mr. ADOLPHUS, on the part of the plosecution, interposed,
and said that after, the eviihnee, he' had beard in defence, it
would be unbecoming the situation he held to yress the case:
forth: r. The prootecution was conducted at the tastance-offthe,
parish-officers of Dimehurch, who-hed no other whth upcitV tine
subject than to bring the matter before a public triburiat;
order to sift it to the bottom. Prom the arse now so flilly in-
vsetigated, it.Wita quite manifest that ev4,ry thing whiolt
juaice required had been accomplished; and as ~there %Imam
ground for pressing the ease further, he prayed that thernairer'
might be terminated by a verdict In favour at the gentleman
who stcod at the bar.
Mr. Se' rgtont 0T:91.0W spette in high terms of the candid '1
and dispassionate manner In which the case bad been conduct,
ed on the part of the prosecution 4- rind iremetilately directed:
thejury to find a verdict of not guilty.—'S'he prisoner was im-
mediately aciattird, and etdered to be discharged.