Star.
London, England, 1825-04-06 00:00:00

•

Ad

Ct. v.
He bad no right to search or to use violence towards
any individual who peaceahly landed at the beach..
Even if the detention werelegal, the use of the Word
and pistol was an infringement on the liberty of the
subject. _The Navy ought not to be perverted to the
purposes which were employed by the defendant against
the prosecutor.
Lord Harborough examined.—l landed at the
Knowles. A Person same up to me and said, he must
search my person. He asked Me where I was going ?
I answered, about my business. He then stood befote
me; I refused to be detained, unless he spewed me his
authority. He said that he acted by his Officer's ordetit ;
he had a pistol and a cutlass; ha showed the pistol first,
and presented it to me. The defendant said I should
not proceed forwards; he kept walking before me, and
declared repeatedly that I should not pass him, and
made use of several oaths. When he fired his pistol as
a signal, I said to him I shall go now.; he replied, " by
the Holy Ghost, if you attempt to.ll7oVe cut you
down." I often asked his name, but he refused to give
it. I was detained at least.a quarter of an hour.
Cross.ezarnined.—l could not get into the harbour. I had a
sailor's dreu on that evening, and looked like a seaman. I consi-
dered the defendant to'be is seaman of the Preventive Service. I
did not tell my name to him ; I bad nothing in my boots that could
be called contraband or illegal
Edward Williams was on board. Lord Harborough's
boat on the evening in question, and brought him on
shore ; he landed at the Knowles, because it was near
the York Hotel, and it was then nearly low wateraim
His Lordship called him on shore, and on coming to-
wards him, he saw the defendant standing alongside of
him. His Lordship desired him to listen to what this
individual said. The latter said, be would search his,
Lordship; but Lord Harborough declared that he would
not permit him to do so, unless he showed some autho-
rity. Pinnaw had a drawn cutlass in his baud, and pre.
vented his Lordship from going forward. His Lord-
ship then asked him to fetch his Officer? the defendant
answered—" I'll be d—d if I will not do for you." His
Lordship proceeded to walk at a slow pace towards the,
York Hotel. The defendant came before him, and saidr
" By the Holy Ghost I'll cut you down ;" and flashed
the cutlass over his head, as if he were about to cut him.
The Custom-house watch-box is at a little distance fram
the Hotel, and it was necessary to pass it, before reaching
the Hotel. The defendant came before his Lordship a
second time, and said, al By the Holy Ghost I'll blow
your brains out." His Lordship answered, " Well, my,
man, if you blow my brains out, you will certainly do
murder." A Custom-house officer came to the spot,
who spoke to witness, and said—" Dear me, whet a
shame; it is Lord Harborough, and I believe it is all very
we!l." At this time Pinnaw was before his Lordship. He
held his pistol close to him, and firing it said, 44 Now you
b—,stop now." This brought other persons connected with
the Preventive Service • among whom was Lieutenant
Smith. Flom him, Lord Harborough asked the name.
of the man vi ho had insulted him ? Smith replied—
" Is it you, Lord Harborough ?—you are a damn'd
troublesome fellow ;" and said, he was sorry that he
had not detained his boat when it came on shore, as it
waited a name. Witness after wards went for two con.
stables ; but on his arrival, Pinnaw bad been taken
away. Lord Harborough, on that evening, was dressed
in a ss.ort blue coat and trowsers. No person charged
him with having any smuggled goods on his person.

Crosstratuined—His Lordship said to Pinnaw that he might
be a highwayman for aught ha knew. lle did not hear hi. Lord-
stip say, " that if the defendant searched bis boat, he would throw
him overboard, as he had done with some of the datou'd blockade
men before."
J. Kent, another of a, boat's crew, corroborated the testimony
of the preceding witness.
Two witness•ts, from Dover. proved, that passengers were landed,
assize Knowles at low water.-This was the case fur the prosecution.
• Mr. Seijeant Ossr.ow, for the defendant, contended
that as Lord Harborough had concealed. his name,
rank, and business, the latter was justified in the steps
which he had taken. If his Lordship had presented
himself in a questionable shape, in that questionable
shape be must be treated. The defendant only did that,
which he conceived to be his duty ; and by that Stan-
dard alone he must be tried. From the dress and
manner of his Lordship, it was impossible to ascertain
his station or purpose. If any man chose to put on a
masquerade, he ought to abide the consequences of, his
indiscretion. Suppose a person put on a smock frock
and threw a sack across his shoulders, and chose to
parade a Church-yard at night, he u ould undoubtedly
he taken for a resurrection man. The imprudence of
the disguise would justify the steps taken by those who
watched over these matters; and in like manner the
conduct of the prosecutor sufficiently excused the
measures pursued by the defendant. The Learned
Serjeant called—
Lieutenant Smith, who commanded the seamen of
the Preventive Service. He deposed that on the evening
above alluded to, he was rows' at snidnight,by the
report of a pistol. On repairing to the Knowles he
found Lord Harborough. His Lordship immediately
accosted him and said, " Mr. Smith, here I arta again
stopped and insulted by one of your d—d rascals." Wit-
ness said, " I am sorry to see it, for the sole purpose of
your Lordship is to give annoyance to me and my.men.
But if you are insulted, the man shall be punished."—
His Lordship replied, " The d—d scoundrel will not
allow me to proceed to my hotel." It was witness's
duty to,tearch eves y person who landed at the beach at
night. His Lordship was in a sailor's dress. On the
24th of August witness's men had a contest with several
smuggler., about 3(-0 or 400 yards from the Knowles.
Two other witnesses wets eitsmined ; but the evidence elicited no
fact of importance.
Mr. Serjeant TODDY replied.--.He contended, that as
Ills Learned Fiend could not justify the violent deten-
tion of the prisoner by any. act or precedent, a verdict
of guilty ought, to pass against the defendant,
The LdRD:Gme, Banos, in summing up, said,. be'
was not apPrised:oftho Act on which the right of
searching every pewon, whether male or female, rho
came over from the-Continenti.vsas founded, to ascertain,
whether contrabiddsoods had been concealed on their'
persons; he *ft it to the Jury to decide,,whether the
facts of the ease justified the conduct of the defendant?,
The Jury deliberated for a few minutes in the hos,•
when one of their number addressed the Court : We
ere of opinion:°%waid lsu "Thit Lord Harborough wait
not engagedyitlsmuggling, but.that he landed under
such circumstances et justified the suspicion of his being
engaged in smuggling". •
• A desultory conversation then ensued between
.t
and-the bench, at to the shape in which the point
law Involved in the case could be .proposed to dig
:'Court ilLing'silenolt: when his Lordship, turning tq
3 the Jury said, .4 Outdone% I Wok the best course of
Imeeneeiwg.—that.lobiehoorill de justice between the pan
"tits Ist dtausten. *old twin in a verdict of aunty, wed,
Idsant tatufb k irk. a .epesial,leadict ; add

[kit ,rois.dumild dOciera in teas} of the justification'
.what yop 1)04 10447
.deCI r.aied"
Some of the ;wry basin sorrowed up* dates Ndda use of
proceeding, they withdrew; and after,ess Amoco of a fuw idnutes,
acceded to the verdict proposed by' tba Coat; with a ilight.varia-
tioe in the phraseology of-it. • .
The important point of law still remains to be decided in the
Court of King's Bench.

WARWICK, APRIL 4.
Jahn Ird/tams, aged 25, ThetwastWKdwvd, aged
20, Martha nig. aged 19, and Cherie(lc Fos, aged
18, were charged with having, on Ore 7th of Septem-
ber last, at the borough of Warwick, assaulted James
Heritage on the King's highway, and feloniously stolen
from his person one 51. note, six 11. notes, 15s. in sil-
ver, a drab coat, a waistcoat, a pair of boots, and two
handkerchiefs.
shales Heritage, examined by Mr. GOULBURN—T was
at Warwick on the 6th of September last. I left War-
wick between twelve and one o'clock next morning, on
:hnrseback. When I had got about half a mile upon the
Stratford road I met two women.' cannot swear to the le-
P male prisoners at the bar. One was a large woman,with a
drab beaver hat and a long grey cloak. The women
spoke to me ; I cannot say what they said. Whilst I
was speaking to them I was knocked off my horse by
a blow on my right eye, which cut the artery. The
horse was walking on. Upon getting up I saw a man
in a blue or black coat. This man came up to me, and
we had a struggle. Whilst struggling with him, ano-
ther man came up, dressed in a light-coloured coat. It
was a remarkable fine moonlight night. This man came
up to me, and assisted in getting me dawn. Whilst I
was on the ground, they both kicked me. The first
blow I received was from some kind of weapon ; but 11
did not see any weapons at this time. While I was
l
down, they picked my pocket of one 51. and six 11.
notes. There were some Hereford notei, and I think
one Birmingham note. They also took 15s. in silver.
They took my coat from my back, and a pair of boots
from my legs. They took a white handkerchief from
my neck, and a blue-and-white one from my pocket.
They took my waiscoat from me. Whilst they were
stripping me, I became insensible, from the kicks I
had received, and bled very much from the wound on
my eye; and 1 also bled from my mouth. I fainted,
and remained insensible two or three hours, lying in my
shirt upon the ground. I lost sight of the women
when we began to struggle. The last I saw of the
women was before I was knockei from my horse. When
I recovered myself, 1 went to the turnpike, and after-
wards went back to Warwick, and saw the constable.
It was then four o'clock in the morning. I give King,
the constable, a description of the persons by whom I
was robbed. I should know my clothes again. There
was a great deal of blood where I lay on the grass. I
was unwell for some time, but not laid up. When I
came to myself. I found my horse tied to a gate a very
short space from the p!ace where I was lying

Richard Harris examined.—l was one of the War-
wick watchmen in September last. I was upon the
watch in West•street, on the night of the 6th.of Sept.
West-street is the road to Stratford. About 12 o'clock'
at night I saw the two female priioners. They went.
down West-street, towards Stratford. Williams and
some more men were with them, all going towards.
Stratford. I know Martha King perfectly well. She
spoke to me. Williams had on a blue coat. I will me
swear that Woodward WAS with them at that time.
am sure IVilliams was with the two women. There
were other men with them. I did not see Woodward
till next morning. The party were riotous and knocked
at the people's doors. I went up to them and sprung
my rattle, when John Poulten, another watchman, came
to my ass'stance. The men were all armed with sticks,
and I As sure Williams had a stick. We went after
the party, came up to them, and told them to go on
quietly, when Williams said, " D—n your b—y eyes,
I will knock your brains out." He then took his stick
in both his hands, and struck at me, hut I guarded the
'blow and got my band wounded. Then all of them
came rapidly upon us, and we ran away. They were
,all armed with bludgeons, such as half rails, and pieces
;of paling,
.1 afteru•aids met the prosecuor Heritage.
.Ere appeared as 'though he had had a little liqUor, but
not enough to make him &rink. In consequence of
telling him what had happened, the Prosecutor went
back with me to the Met maid, and I endeavoured to
Call somebody up, but did not succeed. The pro-
secutor then went his way upon the Stratford-road.
went the n-xt morning with Poulten, the watch-
man, and King, the constable, to see if we could
find the people who had committed the robbery.—
We went up the Stratford-road. Near the turnpike we
saw a great.dtal of blood, and the road was very much
trampled. We turned down a lane on the right-hand
side. Whilst in that lane we saw some people coming
towards us. They were not all in company. The first
,persoa was the prisoner Williams. He came by him—
self. He had a bundle on his shoulder, which was taken
from him by King, the constab'e. Williams Was abOut
'lfourteen or fifteen yards before the others. Woodward
was the rest person that came up. He had on him a
light-coloured flock Coat ; on his arm he had a smock-
frock, which had blood upon it. I asked him how the
blob(' came there? He said somebody had kicked him
on the mouth and made him bleed, while he was I) ing
down in West•street. I asked him if he knew theother
persons ? and be said, that he was quite a stranger to
them. - I told Woodward that I saw no masks upon
his lips or anywhere else, and I thought it looked very
bad. He had no wound upon him. The women were
about two yards behind Woodward. King took a
white neckerchicf from Williams. There were no
otbek persons in the lane but the prisoners. We took
them to Warwick, and-on the way we met Benjamin
Satehwell. Satohwell told Williams that he was the.
Man who had thrown a stone through his window. He
told the female prisoner King that she was there, andl
as bad as the rest.
Cross.examirrod-.4 saw Woodward searched. He had two Ask
lionsoll comb, and a knife in his pockets. I did not look at his gum,
I only !oohed s; his lips.
By tire Jueoz—When I met Williams in the lane, he bad a
dark blue coat uo.
John Poulton proved, that be took out of William's bat a waist-
coat covered with blood. This was at the time the prisoners warp
trrkeirinto custody.
.Bcvmsal ether witnesses were called, who proved the materlat
Plies of the ease.
Mr. Heritage identified the clothes taken from the prlooners. Thq
rusts looked Skeane of the notes he had in Ms pocket, but be mold
Rot meow to it.
.. His LORDSHIP summed up the evidence. If the f
persons went out to commit a robbery, it was not v
material by whose hand the robbery was committed
,they would be all, equally guilty. if the two we
engaged the prosecutor's attention, while the men ca
bey ind him an 4 knocked him down, they must be c
sidered guilty. All the prisoners were seen leavi
NKstrwick together, and upon the person of one of
was Nand .part-ofthe sto.propetty. As toe the 0.,

toner Williams be' few yard,. Wore the 'other p
sowers, he (the Leirded Judge) did dot consider that cir•
cumstance 9f any consequence. The Jury would say,
taking all the circumstances into their cemsliferation.
whether they were guilty or not? Verdict—Godly.
Woodward said be was u innocent is a child Unborn, and be
hoped his Lordship would have mercy upon him. Wintering had, a
few weeks before the robbery, made his escape from cloacuur
gaol. His Lordship said that he had not decided upon their sen-
tence. It is thought Williams will be left for execution.
•