Star.
London, England, 1826-02-02 00:00:00

IMPORTANT SMUGGLING CASE.

• DOVER, JANU►ST 31:

Irfbrritations, under 6 Geo. IV. c. 108, by order df
t: Board if Customs, were exhibited on Friday last,
by J. tIN WARD, Esq. Collector of this Port, befote
JOHN FINNIS, Esq. Mayor, and HENSHAW LA*HANI,
Y.;cl. two of the Justices of the Peace for the Town and
Pint of Dover, against William Reid, John Robinson,
Trillions Cramp. William Ventibin, "hint Eldridge,
and Henry Pain, all belonging to Folkestone, tor
having on the 21st instant, been taken in a boat called
" Toe Dart," of Sandgate, to which had been attached
sundry small casks, used, or intended to be used in
smuggling. and capable of containing spirits. The
four first were prosecuted for penalties of 1001. each,
as unfit for the Navy; and the two last as fit for the
service.

Mr. TMACCEILY, the Solicitor for the Customs, attended for the
prosecution ; and Mr. LaNcsAil, of Bartlett's buildings, Holborn,
tor the defence.

The evidence,which was the same in all the eases, was u follows:
Saxby—l ant Mate of the New Charter
Revenue Cruiser. On Saturday the 20th instant,
whilst cruising r•ff Folkestuae,lobserved about a quarter
before four, rat. a boat, about a mile from the shore.
and on nearing her, saw some casks banging over her
side, whereupon I gave chase, and shortly afterwards,'
being about two cables length from the bolt, saw the
people in her throw something overboard, when the
casks disappeared. The weather was very
.fine and
clear, we immediately hoisted our colours and fired a
gun to bring the boat to, which being disregarded, we
hoisted out our eight-oared boat, pursued, and came
alongside of her about twenty minutes before five.
The prisoners were all in the boat. I never lost sight
of her from the time the casks were thrown over. They
were cap.ible of containing spirits, and were not neces-
sary for the use of the crew.
Cross-esamined by Mr. LANCIAII—When I first
observed the boat, I per no casks. I had them in view
about five minutes, and the whole of that„time we were
oing the boat ; I cannot swear how marry men there
were on my deck. The only person to whom I men-
tioned my seeing the casks, was James Godding. He
took a glass, and said he could see them hanging.
Gooding could not see them without a glass. I saw
them about three minutes with the naked eye. it is
usual for an Officer to tell his men to keep a good
100k-out; I did not, but told them to go below, lest we
should be discovered. I cannot swear that all the men
were below except Gooding. I cannot swear the casks
were water-tight.
James Gooding—l am .a deputed Officer of the
Cutter, on seeing the boat, I took a glass and thought I
perceived something hanging round it, but cannot say
what it was; my attention was taken up with the :Ails
arid colours.

Cross-examined by Mr. LANGHAM—I never said that
I saw the casks, but that I thought I saw something,
upon looking towards the boat a second time, I saw
nothing on the larboard side, the starboard side was
from us. and she seemed to have a hit that way. I
never saw • any casks with my naked eye. My eye
sight is as good as Mr. Saxby's ; we placed a masked
buoy where the desks were flung over ; we have crept,
and swept, and found nothing. I did not hen any of
the others say they saw the asks except Mr. Saxby.
Wm. Smith, I am a seaman in the Blockade Service;
en the 21 st inst. I was on the top of NG. Tourer,
Eastware Bay with my Officer. Lieut. Okeorad saw
the cutter and boat at the distance of between two and
three rni'es from me; six men were standing up in the
boat, fixing white tubs like half ankers, round it. I did
not see the cutter's Ithat chase the other ; I lost sight of
the boat when it became dark.

Lieut. Oke deposed .to nearly the same effect as the
la.t witness, with the exception of his not hating been
able to distinguish what it was he SAW placed round
the boat.

This being the whole of the evidence for the prosecu-
tion, Mr. LANGHAM stated, that without entering on the
merits of the defence, he would test the case of the pri-
soners on two objections, the first of which was, that there
was no evidence that the casks in question were capable
of containing spirits, which was essettial to a conviction.
The first witness had sworn, in his examination, that
they were so, but, upon his cross-ezatnination, he would
not swear that they were water-tight ; and without
such evidence, he submitted that there could be no
proof of their containing spirits. His second objection
.was, th4t the information was bad for uncertainty,
inasmuch as it charged that the casks were used, or
intended to be used, for the purpose of carrying spirits,
and, therefore, that the prisoners were kept in doubt as
to the nature of the charge.they
_were to answer.
r‘lr. THACICSRY replied to these objections, and the
Zll agistrates, after consulting together for about a
quarter of an hour, convicted all the prisoners, reserv-
mg to Mr. Longhorn the power of urging the objec.
lions he had made, before a higher tribunal, should he
think proper to do so.
This is the first conviction of persons under the 49th
s.-ction of the new Smuggling Act, which enacts, that
any person found on board a vessel or boat, liable to
forfeiture, is subject to a penalty of £lOO, if unfit for
the Navy, or if fit, to be impressed.
Reid, R'ibinson, Clamp, and Ventibin, were com-
mitted to Dover Gaol, in deFsult of paying the penalty
of £lOO each, which was respectively adjudged on
them ; and Hunt, El fridge, and Henry Pain, being fit
for the Navy, were sentenced to be impressed ; but in
removing the two last from the Guildhall to the gaol,
tar temporary security, till the commitments and con-
victions were made out, the former bolted, and was
rescued by a body of smugglers, from the constables
and Coast-guard Officers, some of whom were severely
beaten in thecontest, pat tictitstly Mr. Saxby, the Mate
of the New Ch4rter ; and the latter, Henry Pain, was,
soon after, by the machinations of his towns•folks,
confided to the paramount custody of the gaoler, by
process of detainer, cn a small debt, sworn against
substglient to his conviction.

EMILY, Marchioness of Londonderry's first card
v, fur the season, was held in St. James's-square, oat Moe-
-4.v evening.
The Duke of Sussex gave his second Grand Dinner,
at Kensington Palace, on Sunday last. •
Sir Gaon WARRENDaR gave a Grand Dinner on
&Irby last.
The CAnnsbian Minister transacted business yester-
day at the Foreign-office.
Yesterday morning, Mr. CLzwa, the King's Nes-
sesger, arrived at the Foreign-office, Downing.street;tfrom St.
Pnersburgh, with dispatches from our Ambassador at that Court,
to Mr. Secretary CANNING. The Messenger made a very sipe&
t..P.IS journey% having kft Sc. Petersburgh oa the 19th January. and
o'couse was only thirteen days en his journey. At the time the
llecsenger left St. Pettrobt.rgh, the state of that capital was rr-
t.:*.y trar tpaiL

THE KING. •
. ,
• WINDSOR, Fssavaav 1.
Notwithstanding the weather was more mild and
favourable yesterday. his MAJESTY declined taking
any airing.
Last evening his MAJESTY again entertained his re-
maining visitors, Prince ESTERHAZY, Coant and Coun-
tess LIEVEN, and the Duke of DORSET, together with
his suite, at dinner. The private Band were in attendance.
Mr. Secretary CANNING left the Royal Lodge yesterday forenoon,
for London.

1.