The Sun.
London, England, 1811-05-17 00:00:00

THE LIND V. JOSEPH NICKS.

This &fend-ant was atio brought up for judgil
mem, halm' suffered jedgtstent to go .by &lank*
upon 4s; iodicwif.qt trx conspirsortith .Hw rye
Compton and Edward Ilousley, paper.m4ers' in.
Mint-shire, for the putpose of defrauding the Re.
venue.— It appeared that the defendant was an
EAcise'Qttic.er, and had permitted the other &fen.
dant, Compton, to make Lll4 of the stamp for statnp.
ingthe'wtappeis of paper.
,Tlie detendaut presented a petition, which stated,
that ha .was ignorant of the fraud committed- by
Compton ; that they had been drinking together
until the tletendant became inioxicated,4 when
Compton' took the opportunity of purloining the
stamp.trotu his pocket, and he did not Minis until
the next morning, and when he applied to Compton
for it, the latter 4ssurtii him he had not made any
use at it, and that it appeared that only' twelve
wrip;,ers had been stamped by Compton ; that by
toe distress of mind which his. commilal had ex.
cited in his wife, then in an advanced suite of prep
nancy, she took a brain fever, which tertninaied. its
her death ; that tie had been already three months
in prison, and under great pecuniary embarrass.
OICITts.

The ArTosesx-Guessat., for the prosecution;
said he had no doubt of the diitressed situation of
the defendant, and he should 'not urge 'that verY
improper petition in aggra4ation of his offence, but
it, it was taken into cot4ideyation at all, it moist he
to his disadvantage.
.To what eiOctit this baud had
been committed upon the' Reienue Ire could no
say, b{,ll Col duties paid helot', and since. tho rem°.
val of the defendant tram the distria, proved i
must have been. immense, ind the statement it
the petition as to tlw quantity was wholly devoid v
truth..

.
The Court remanded him for final judgment mitt
the 24th instant.

Till iING d. JAMES' POILLIiS, JOllti EARFORb,
_

AND JOSEPH' ESTON.

These defendants were also brought up for judge
meat, hating beenc,invi6ted at the last Maid/nape
Avitas, charging, that Phillips, bt.ing a iteveinif
Officer, and the two':othels lii.. assictants, had' nnula
a stizurepi run goods„ and released the frame tol-
motici, contrary Cu the law, and in defraud of the
Revenue.

From' the rninutes.of the Learned J'Udgs hot ea
who it ied,the cease, • is appeoutt, that .Joseph Fain,
a servant belonging to Captain LeA,ant, of ehi
Marquis of Ely East Indianian, ~was coming up
trona Deal in a post-chaise to'Lotidon, and. aO4
bottom of ahooter's Hill, the carriage was-stopped
by the defendants, one of ,Wiotll burst .open the
door; jumped in and seizing a bundle, containing
some silk East-India bandanas, calling out to hii
COITITAiitiI, ' here's a prizie,''' That 'they insisted
uficin imized the carriage and horses att. wdll the
smuggled gods; but in travelling, along, one at
them it, the carriage along with Finn, the other to!,
lowing, they demanded' of Finn whether ho had
'olPttex ; he . nrocluatt.thirty-fivei• dollars and
four guineas which they agreed to take, and to ,ros
lease nii'd the seized goods,
„Mr, GURNEY, for the defendants, with the per.!
mission of the.. Court, contended. that, theie•altottlit
'bee new trial in this me, etuthe indictment eQuld
not: be sustained' upon the evidence. H tai the in,
dielment charged them with a conspiracy, ip." Ad;
. Mined: he should have nu defence to set op, but at,
they. wore indicted tinder the I Ith and tsitti of Wil-
liam the Hid, 4114.111 e Bth of Ann, it wee necesirary
to prove the appointment et Phillips as an Officer
or • Use Rmiltpatiit. Another objection was, as to thel
seizure of the carriage and horses; ler according
• to the construction Which he put upon thew staH
J..totes,.ttio carriage and horses conveying the smug-1
gled. goods were only Seizable when the .nether..ofj,
them knew of the NO of the strtuggled goods beings
conveyed: its this case there Was no proot or the,
wetter of•this carriage and Itereetiknowing any thing
glutei the tuttQt.. • ..
The Court over-ruled this objeaien, the Learned'
• Judge (Lord Et.i.elsgot'Oosinyiktterving, that from
h;s earliest acquaintance With the Revenue LaWs,
it war always understOod to blie.the fair 'construe- • ,
tiep of this statute, 1144.811 y carriage or home:cog-,
veying smuggled goods were liable to seizure—and
he recolleaed particularly a respectable friend of his,
who was. innocently brought into a' very awkward
predicament in this very. ways, f. •
Mr. GURNEY then stated, that this main objec-
' tion.atose upon the appoininsint el,Pitillipt as an
Otticet of the Revenue, and contended that the'.
proof upon this point was not sufficient to sustain
the -indictment. 'The warrant ham' the Commis-
stoners of the.aerenuit, to .Phillips, was then put
het from ,which it aepeeted that the •Conanissiopers
nominated, and appointed him to .he a. Wale.rman in
the Port of 'London, with power to entelinto, ek-.
aC4ilt)tf, Ca anyshipoor vessels us thb. said port, and, ~
with assistance to enter into, break.,open, &C. • any -
house, shop, warehouse, (Ste. when prohibited gt,pus
might be found within the said port, or within any
other port crrfitaces and to seize, take, arid carry
away any smuggled goods, wares,and'nieichandizes
which might be there found, and to hold-'rho tame
to. the ass of his Mitiatib Jac. &c.. ,44'rona this the
Learned Couniel comended„that the appoinitnent
of Phillips was merely that of a waterman and not
01' a ityvenne (Vico', and he was notauthoriZeifte
any 4604 without a writ of assistance; and
there was no evidenee-thet any sue `silt titer Was
furnished to him. •

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