Star.
London, England, 1823-08-07 00:00:00

ASSIZES.

MAIDSTONE, AUGUST S.
Thomas Hamilton, a Midshipman of his Majesty's
ship Ramillies, employed on the smuggling pre-
ventive service, was indicted for the wilful, murder of
James Conley, at Dimchurch, on the 12th of June,
by shooting him with a loaded musket.
The prosecution was conducted by Mr. ADOLPHUS
and Mr. PLATT, at the instance of the parish ; and
the defence by Mr. GURNEY and Mr. Knox, on behalf
of the Board of Admiralty.
Mr. ADOLPHUS stated the case to the Jury with
great temper and forbearance, and simply narrated
the facts, which he undertook to prove by the testi-
mony of several witnesses.
After the case for the prosecution closed, the pri-
soner was called on for his defence, when he handed
in a written paper, which was read by the Clerk of
the Arraigns, to the following effect ;
4' Gentlemen of the Jury—Previous to the 10th of
June, I had been employed at Folkestone in the pre-
ventive service, and I came to the Hythe district for
the first time en that day, and was stationed at a mar-
tello-tower near Dimchurch. On the night of that day
T was upon duty, accompanied by a man of the name
of Samuel Everett. At the back of a cottage occu-
pied by one Thomas-Brown, where my attention had
been attracted by hearing an unusual noise, about
half-past twelve (the night being starlight), I observed
a body of between 40 and 50 men, apparently kneel-
ing, some of them having guns in their hands. After
a moment's hesitation, I advanced with my sword in
hand, calling upon them to give an account of them-
selves. Upon receiving no answer, I was confirmed
in my suspicion that they were smugglers. I then
made the usual signal for aid, by firing a pistol in
the air, upon which all of them rose, and those who
were armed placed their guns in a position to fire,
forming a triangle. I returned the sword to the scab-
bard, and took Everett's musket, which, from its
greater length (having the bayonet flied), I consi-
dered a better instrument of defence in the perilous
situation in which we were then placed. A portion
of the smugglers, upon observing what I had done,
began to retreat; upon which tho:e who remained
shouted 4 Ccome back, and we will give. it to them.'
I then ordered Everett to make another signal, by
firing his pistol in the air. In consequence of this
second signal, all the party, fearing, probably, that
assistance would speedily be afforded, ran off, in the
direction of some premises belonging to Mr. Dray.
I followed, but being unacquainted with the spot, be-
came impeded in my pursuit by the paling of the
garden. At this moment several shots were dis-
charged by the smugglers. I again fired the signal,
and followed in the direction which I imagined they
had taken. My object in pursuing them was to ascer-
tain whether they had any smuggled goods, and my
signals were not only intended to call 'assistance, but
to point out to those who should come to it, the di-
rection we had taken. After I had advanced a few
bundled yards, in consequence of stumbling over a
drain, which, owing to the darkness, I had not per.
ceived, in the act of falling my musket accidentally
went off. Upon recovering myself, without waiting
to reload the musket, I continued 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 comrades to come
back, saying one of his men was wounded, and
begged me to return to the spot where be lay. I im-
mediately turned back for the space of seventy yards,
and found a man I) ing upon the ground, who said
he had been shot. Upon Mr. Bainbridge, with a
party of seamen, coming up, we carried the wounded
man towards Brown's cottage, where he expired be-
fore admittance could be gained. The readiness
with which I returned, and the succour which at
the moment 1 rendered, I trust will convince you
that I could not be conscious of having been the cause
of his death. Gentlemen, I declare most solemnly,
that I fired signals in the air only with my pistols ;
and that the musket was discharged but once, when
it accidentally went off, in consequence of nay Mi.
But though this is the fact, I am advised, that in
point of law, if it had bcen otherwise, and I had fired
at the smugglers, there i.-re two grounds which would
constitute a justification—first, that they were in the
commission of a capital felony, in the course of
which they discharged fire-arms at myself and
Everett, who were then legally acting for the pre.
vention of the offence in which they were engaged ;
and secondly, that if they were engaged in an offence
that does not amount to felony, they discharged fire-
arms at Everett and. mys,elf before any act on our
part could justify them. It will be shewn by the
witnesses to be tailed on my belaalf, that immediately
after the second signal had been made, which I or-
dered in consequence of • the threat to offer violence,
a discharge of fire-arms by the smugglers, directed,
towards myself and Everett, took place. • It will be'
shewn, by the marks made against the back of Mr.
Dray's stables, that those fire-arms were loaded with
ball, and that I and Everett had been exposed to
considerable danger. This happened some time be-
fore the deceased could receive his wound. But,
Gentlemen, I do not further enlarge upon this ground
of defence, because I again most solemnly declare
that I never fired at the smugglers. I believe most
conscientiously that I was not even accidentally the
cause of this unfortunate man's death. It will be
shewn by the testimony of a surgeon, experienced
in gun-shot wounds, that the wound was received
in front, which could not have happened at .a
moment when he was retreating, and I was in
pursuit ; and therefore it is quite impossible that
the ball could bare issued from my musket.—
And you will hear that shots had just before been
discharged by his own party from a bank about 60
yards in advance of him, one of which doubtless pro-
duced the fatal event. Gentlemen, I leave my case,
in your hands. I need nor, lam sure, call upon you
to dismiss any unfavourable impressions that may
have been attempted to be instilled into your minds.
You must be aware, that in the course of our duty—
a most painful duty—we are exposed to conflicts with
smugglers, who are living in the daily violation of
the law. They assemble in great numbers, and ge-
nerally with arms. Their desperate habits are such,
that these conflicts are always most dangerous, and
sometimes most fatal. Within the last five years
very many persons have been shot by smugglers on
this coast, and to this time the offenders have escaped
undiscovered. If on these occasions an accident bap-