Star.
London, England, 1823-04-28 00:00:00

ADMIRALTY SESSIONS.

TRIAL OF THE FOLKSTONE SMUGGLERS.
SATURDAY, APRIL 26.--(SECOND DAY).
Mr. BROUGHAM proceeded to examine -witnesses
for the defence.
Mr. Justice PARK said, that two of the prisoners
had put in two papers—he wished to know which of
the prisoners had so presented them, and if Counsel
wished them to be read ?
The memorial of Captain Reymer was then read
by Mr. CLARK. It set forth that he was a native of
Flushing—that when he saw the Badger, he thought
it a French vessel—denied that the crew of the Four
Brc;thers (the smuggler),cried for quarter.
The next statement read was from Marinel Krans.
It also stated that he was a native of Flushing—de-
nied seeing the-colours of the Badger, Or the right of
an English vessel to bring a Dutch sail to in the time,
of peace. He said he fired in his own defence, which
he considered he had a right to do. He consider
the Revenue laws of England were extremely op!
pressive when catried into effect by acts of aggre*,
sion. He went on to remind the Court that the crest
of the Badger wire interested witnesses, as, in sale
of their conviction, the vessel and cargo would
condemned, andt by application 10 the. Court cif E.
chequer, they would receive one moiety of it--and.
supposing execution slid nut follow conviction, still
the fact of conVictinn would deprive the owner of
Four Brothers of thetestimony of her crew. He so-
lemnly denied that the crew,-or any of them, cried
for quarter. Although a foreigner, he had confidence
in the discernment of a British Jury, and would
leave his case in their hands.
John Debie, the interpreter, examined by Mr.
AtioLPHus.—Witness is a ship-broker, and perfectly
acquainted with the Dutch language. The papers
produced were a manifest of cargo, a oettificate of
clearance, &c. The documents were regularly signed
by the Custom-house officer, stating that he had ex-,
amined the cargo—the owner's name wax not inserted.
A Juryman.,ls it usual to have the owner's name
in the sea-pass?
Witness.—Always in British, but never in foreign
vessels.
James Lowes, examined by Mr. &tot/Gaels...Wit-.
ness is a native of the county of Kent, but resides now
at Flushing, where he carries' on the bysitieSi of
ship builder. Built the Pour Brothers, and soldier.
to Mr. Engleburt, a Dutchman. Marine 4 Kraus and
Kalk, registered the vessel in his dirclr.- .`' "
Crosi-exaMined •by kne*
Cornelius Reimer,. he used to pais by the name, of
Jpseph Wells when he lived at Voltstone; •did not
.know Daagerield orie of the' prisOtterk, iineJecioW
Robileau, nor Prenchlitni,drclibM,YnoW man who'
used to pass by -the name of gipsey 114,-7 .
(The witness was sent into the dock torizarninethe
prisoners, but could obit, identify' Ibtysnet, Ors
Wells, and the Dutch Mate); 'did not know' rink the
vessel was intended as ansugglasbe was
burden, by English measurement; knows the Sins
of I. Minster and Co. at Flushing; be may be a
Burgher there for aught he knew. ••' -
Joseph Dou Bonderyn Kilt;
through an interpreter..—Witness bt.ftem Middle..
burgh, and is a merchant; knows Bnillebarta who is'
a ship merchant; he Is a native of Hollind';'k
Carl Kalec, who was Diiicrsintiiii kfdw. ibel*ai
Brere de Brogie (the four brothera).; rienombered it
being freighted with gerieva, .tobitteoi.eall a Iltt •
tea ; witness was interested hi prie'diirdirdre eitrei
the vessel was cleared out Pt Farcaptir
and afterwards to proceed to Porta;gl'; Ptivase:ia-
strustions were given by Mr 4 Engleburt itralptaitt
Krans where to unship the eatri ; the eitiblif the
Four. Brothers was not intensfed to be' i)ribigled lntt
England; we bought the. cargo Of: Wieter,.and re,
quested him to superintend the shipMentr •
Mr. BROUGHAM exhibited the Mikpf Europe to
point out the relative situatinii '
Yan Van Oldenbeg examined by. gr, ALOosinus.
a victualler at Flushing; has known the prisoner
sleymer seven years ; he lived at the same place, as do
his wife and children; passes by the nitMe jbeiVell ;
believes him to be an Fnglishnian i'beliebes him:to
be a sailor ; • knoivs *Abrain idOhnitlar'i itiOther, 'Pri-
soner, and Jacob Robileau; has. knit rcn hibl for eight
years; he never spOke to the 'prisoner eseipiing in
full Dutch ; Molivaar also spoke Dutch"; knows Yan
Schmidt; who sailed in a Dutch Vessel from Hashing;
don't know whether he wis'lran there hiiiiitheeWas
an Englishman; had knoWn Kim de Molinaar'frolh
a child, be was born in Flushing of an EtiglOs:wo-
man; knows M.Krani, C.Kubule, and Titiliee;
knows Van Yenner., who went 14 the nanie diWills
knew Joseph ;Sasiuders,,..‘Tho sailed iii tll: rave Four
Brothers. last January.--He, understood that fie was
killed on board her; knew Clyde, another person
issaid to, be killed ; he was a native of Flushing. Ac-

. .
• • • .. • . .
~.
cordipg to the law of littllanct, every lodging-hcmse
keeper is obliged rti Morn 211'-actount. to ate Com-

aissary of the name and nation ottheir inmates.
Sarah Curtis, examined by Mr. Baccouml/41.-4 an
Englishwoman; married the father of Kiest de Mo-
linaar in May 1796; is the mother of the prisoner
Molinaar ; witness has since married again.
= Richard Wills examined.—l• an ironmonger, at
Folkstone ; Reymer's father was a sea-faring man,
and his mother went out on a voyage, and was de-
livered of a child in Holland ; the Fulmer called
Cornelius Reymer, is the person then horn.
Eleanor Gates examined by Mr. PI.A Tr.—Witness
is an Englishwoman, and has resllted at Ostend, and
indifferent parts out of England.; knows Richard
Brice Will!, called.Yan Ycnnet ; he nai born two.av
six years ago at flushing.

Isabella Wells examined by Mr. 'WI:GUAM
nets stated, that her husband was on board the Se:.
vein in January last; he had been Quartermaster;
witness was on board ; rememkered seven foreigners
being brought on hoard ; one of them died in her
arms; he used to speak both. in foreign and English
language; he suffered much before he vied; his name
was Vanness.

Muriel-Milton deposed, that h^ was a resident at
Folkstone; the prisoner Joseph Milton (called Vain
Maree) was his snn ; he was thirty-P)ur years old, and
'was horn at Fleshing, at which 'lace he (v, itness) re-
sided .from 1785 to 1790.

Daniel Slater exantin:_-dliy Mr. 13nouGlIANT.—Was
at Flushing in 1788 ; knew .lilton and his wife,
being there at the time.
Ann Boxer examined.—The prisoner called Hen-
drick Allerson was witness's son.

Thomas Small stated, that he was Quarter-master
on board the Severn when a wounded
brought there on a Monday —he died the next Friday.
Mr. BROUGHAM said, that was all the evidence he
had to offer for his particular clients. There were
points of law, however, to which he should have to
call the attention of his Lordship,unlesi they should be
reserved for the consideration of the twelve Judges.
Mr. Justice PARKE said, that he informed Dr.
Lushington last night that he would so reserve them.
Lieutenant Nazer re-called and examined by the
Court.—When he first saw the smugglers' vessel, and
when the action. commenced, she was nine or ten
miles from the French coast. She made rather from
the French coast than towards it afterwards, and was
never within one league of that coast. We were
about fourteen leagues from the English coast when
we took her.

Popplewell, a seaman of the Badger, re-
called.--The Badger was never nearer the French
coast than•the other vessel when we first saw her.--
We never were out of sight of the French coast during
the chase, nor were we ever in sight of England.
James Harpur recalled—The smuggler was nearer
the French coast than the Badger when she first hove
in sight. Treport was the nearest point of the French
coast when the vessel was captured.
Joseph Fouche, a Lieutenant of the Fiend] Cus-
toms, at Marlemont, was called for the prisoners, and
said, that on the morning of the 13th January, he
sawetwo cutters engaging about one league from the
French shore. The vessel which was deicing fired
several times before the other returned it. They
rew off from the French coast., Witness reported
ebe occurrence to his chief officer. .
ill
Antonio Nordour; a French seaman, deposed to
'the same effect. .
Captain Lovie, in the West India service, proved
that if two vessels were is chace before the wind,
and the hindermost had an ensign at the gaff-end,
it could not be seen by the foremost .vessel. The
sails being (planted out would prevent it.
This dosed the case for the prisoners, who retired
for a short time; and on their return,
Mr. Justice Fangs proceeded ro charge the Jury.
His Lordshipsaicl, that by ,the 45th of the late King,
cap. 128, it was enacted, that any vessel coming from
foreign parts, the whole pr any part thereof belong-
ing to British subjects, or more than one-half of the
e ew being composed of British subjects, having
s
i
irits on board in casks of less than 60 gallons each,
t any above a certain quantity of tea or tobacco,
f and at sea within 100 leagues of the British coast,
s all be liable to detention and seizure. By a subse-
tent Statute (the 53d of George Ilf.), and upon
hich the present indictment was founded, it was
nlade a capital felony for any perions to assemble
With arms, either upcin the high seas or on shore in
Great Britain, and firing upon any persons employed
iii the service of the Navy, Customs, or Excise, in the
'due execution of their duty. A third Statute enacted,
:that vessels employed in cruizing in search of smug-
glers, should, upon meeting with a suspicious vessel,
hoist certain colours, and fire an unshotted gun, as a
signal for the strange vessel to heave to. ibis signal
being disobeyed, the cruizer had a right to fire upon
Idle vessel, and if it was returned (supposing her to
.be owned or manned as above stated), the persons
'Oll board • her were to be adjudged, guilty of felony,
.and to suffer death without benefit of clergy.--
iThe point's, therefore, to be considered by the Jury,
!were these—was the vessel wholly, or any part of her,
,the property of British subjects? Was the crew corn-
petted of more than onehalf British subjects ? and
i.ozere the • proper regylations with respect to signals
k observed'by the Badger? The last point his Lord-
'ship thought Was satisfactorily established; and with
',respect to the other two, it was for the Jury to deter-
,nifne upon the conflicting testimony that had been
adduced. If they should be of opinion that more
I than half the crew were Englishmen, or that the ves-
sel was all, or any part, the property of British sub-
jects, he should recommend them to find the prisoners
goitty, especially, and the points of law which had
been so ably raised by Dr. Lushington, with others
which had occurred to the Court, would be reserved
for the solemn consideration of the Judges of West-
minster Hall. If, on the other hand-, they could con- i
scientiously give a negative to both these points, the 1
Prisoners were undoubtedly entitled to an acquittal. I
His Lordship having read over all the evidence, pro-
ceeded' to observe upon the question as to whether
the prisoners, who had -been proved to have been
born abroad', but of English parents, were-to be con-
sidereclas British subjects? it a 'man wea to reside
for a time, 'even for a considerable number of years, ,
in a foreign country, add afterwards returned.to reside
in this, he w6tild be entitled by the law of England to
almost all• thipfivileges and immunities of a British
subject; aett the mere circumstance of his going occa- j
vox:ally, and fur short and specific-purposes, to a to.

reign land, did not make kith tildes! a British sti!)!e.
But whether the being born in.a foreign lanl, but of
British parents, rendered him a sithiectState`
in which he was born, was a vestion which, shoulA
the verdict he one of guilty, t tild e • ~..m,yedaar:
the consideration of ihe Judg• s. Imid,hips •
some further observations, and stating other •
which would arise should they find. the pri
gnilty, directed the Jury to consider 'heir verdict.
A Juror to the Crum—Supposing a child to be'bone.
of foreign patents in this country. would that cluld •
owe allegiance to the SnVereign of theie Realms? • •
Mr, Justice PA n K It—Undoubtedly r but taking''y
converse of the proposition, a child born of IngUsh
parents in a fcreign country. although he would opt.
to the S..lvereign of that country, wotqd.
not be absolved from hi; allegiance to the Sovergli
of this cQuntry, should he come-here to live.

. -
The Jury retired.—The summing up occupied %it%
wards of three hours..

At a quarter past ceven o'clock the jury, after 4.
absence of two hours, returned, and theFortmai
read the following verdict from a parer: 6A
the prisonets :Vet Guilty, the ship and ci!rn being
foreign property, and mote than one-half of the crew
being foreigners."
The verdict was hailed with a burst of applatne,.
from a crowded Court; a circumstance which calla
forth some severe remarks from Mr. Justice Nei;

Saturday, RECORDER mule his 11,Tort of the
lollowin7 ender sentence of death to his
EsTy in Council:

John Davi., aged 11, and Joseph Froorn, 19, for bresitat
and entering a dwelling-house; William Hale, CO,.for bents
stealing ;.Tar.;,....s Fairer, 18; William Harding, 16 ;John Wilier,
1S; J.mes Aldridge, '29.; Thomas Gibson, aliAs lilackett,l6;
.md Henry St.aton, 98, for burglary ; Henry ('ox, 19, and Nut
Davis, 26. for Sigh :way robbery ; Henry Hall, I'2; John Mae.
1 ; end Mary .11. n Sl,,at, 2'4, for stealing in a dwelling-house.
When Jahn IrVriker, James Aldridge, and Flesry
Seaton, were ord ied for execution on Wednesday
next, and the otl;er prisoners were tespited daring
his Majesty's pleacitte.

BI RTHS.
The 6th Lilo. Ann, the wife of Captain William Nortb,of the
York and Hull trade, was safely delivered of three agaves
two girls and a boy. The boy is since dead, but the mode and
the girls are doing well.
Weinesday se'nnight, Alice, the wife of William 'Wyse,
Tetlow Fold, Cheetham Hill, of three children, all boys, ant
likely to live; the mother, too, is dping well.