The Statesman.
London, England, 1821-08-31 00:00:00

XORTHERN CIRCUIT.

10EVIC tirris.—Avoure 27.
Duo, pu TKO CAPITAL OPPINCII Or PISMO AT A
mamma Curran.
This utorniag John Did, otherwise John Reynolds,
was put to the bar, indicted on siespicloa of feloniously
shooting at the Swallow Revenue cutter, on the high
seas, on the 27th of February last.
This trial has excited uncommon interest in the town,
and the Court before eight o'clock was very much
crowded. The prisoner, who has suffered great pain by
the amputation of his leg, consequence of the fracture
be received in the engagement with the cutter, looked
exceediugly unwell, and was accommodated with a chair
during the trial, which lasted nearly eight hours.
Mr. HAMS, Mr. Less, and Mr. LtrmoAt.a conduct.
v 4 the proseentiou on behalf of the Crean, and Mr.
WiLLII2I2 and Mr. HoLT appeared for the prisoner.
Wm. P. Stanley, the first witness, is a Master and
Commander in his Majesty's service. On Tuesday, the
'nth of February, he commanded a cutter, in the service
of the Customsfor the Prevention of smuggling. About
nine o'clock in the morning of that day he saw a vessel,
which be took to.be a smuggler, to the north-west, near
Newbiggin; shortly afterwards be made sail after her.
She altered her course, and made sail from him ; he
neared her, and before noon be hoisted the colours,
and fired a shot to bring her to. It was the
colours that are appointed for the Revenue service
we hoisted. Sonfii time after be got within gun-shot
and tired at her ; she hoisted Dutch colours, and return-
ed the shot, and got her sweeps out ; several shots were
exchanged; they must have seen our colours. The
sweeps are large oars used in pulling in calms or light
winds. They battled her ports up, and be could dis-
tinctly see four guns (cannon) and many men with mus-
kets en deck. About half-past three, when he judged
himself within pistol-shot, he directed a broadside to be
discharged at her, which the smuggler immediately re-
turned, and gave three cheers. The colours were still
living in both vessels. The engagement continued on
both sides, and finding the smuggler increased her dis-
tance, he left off firing, and made more sail; they had
been engaged three quarters of an hour. The smug-
gler commenced throwing bales and tubs overboard.
About the middle of the action one man, named
Ueorge Easterley, of the Swallow, fell down from
two wounds in his head. Thomas Thompson. a
mariner, also received a blow from a grape
shot. Many shots bad struck toe Swallow in her
hull, sails, and tagging. When it came dark, shortly
after seven o'clock, he found he got nearer the smug-
gler. He directed musketry to be fired at her, not
being in a situation to bring the great guns into ac-
tion He discovered a boat leaving the susuegler, and
fired into her, but soon lost sight of it. They pro-
ceeded on, and got possession of the smuggler about
right o'clock, but there was no person on board. The
chief mate, who had boarded the smuggler, hailed and
said he had found papers on hoard ; when be took her,
the nearest land must have been between Newbiggin'
and Blyth, about fOur leagues distant. Blyth light
was the first light they made. As soon as it was day-
light the next morning, witness went on board the
smuggler, and received the papers that had been found
In her. The vessel appeared to have been in an ac-
tion, and there had been several shots passed through
her bulwarks, masts, sails, and rigging; blood in several
parts of it, and articles of dress that must have been worn
by persons who had received gun-shot wounds. There
were on beard her four large gun-carriages, twenty-
four muskets, a quantity of powder, some musket-
cartridges, some nine-pound shot, bags of musket.
balls, some loose grape shot, and part of a cargo of
contraband goods. There were carpenter's t..01s on
deck, recently used in repairs. The cargoconsisted of
upwards of 700 five gallon (and under) kegs of spirits
(casks of that also are prohibited ;) 47 bales of tobac-
co, three kegs of tea, and provisions for a consider-
able number of men. There was else a slate found
on board. There were three boots, two had been cut
off by the leg, and had blood in them. and the third had
been perforated with shots. Some certificates and se-
veral letters were handed over to the witness, and have
remained io his possession.
Cross-examined by Mr. WlLLtsms.—He is a Con-
bander in the Navy. lie received his authority to
command the Swallow from the Customs and the Ad-
miralty, and had an authority, as to the extent of his
o dens, from the Customs. He hoisted a colour of a
particular description, with a red ensign, and a legal
crown in the field. That is its proper description.—
There was also a pennant of the same kind at the mast
ht-ad. The first fire waist two gun-shot distant, and was
to call her attention. The second was at her, but fell
short. She ought to have brought to at the first fire.
He saw there were more than three men on board ;
they looked like Englishmen, especially when they
gave three cheers. There is a tone of voice in an
Ecglishinan when he gives three cheers that cannot
he mistaken. There was one man particularly active,
and shook a glass at witness, but here could not say it
was the prisoner. No man could have got a wound
below, as there was no shot passed underneath' her
"leek. He could not say that the prisoner was actively

engaged.
Re-examined.—He used the proper Revenue co-
lours.
Thomas Caine was on board the Swallow cutter as a
seaman on the 27th of February. When he went on
board the smuggling vessel he found a black tin box in•
the middle cabin, on the larboard side, and gave it to
Mr. Bartels, the %nate.
Thomas Ennels.—He is the chief-mate on board the
Swallow, and was on board the smuggler when
the last witness gave him a tin box. He opened it.
and found papers in it which he delivered to Captain
Stanley.
James Dabney was in the engagement. and after he
came into Shields, be found a letter in a seaman's
jacket, which came from the smuggling cutter.—
He said he handed it from the one vessel to the
other. He gave the letter to John Polhill, a dept.
tad mariner, on the deck of the Swallow, on the star-
board side.
Captain Stanley said he was present when the letter
-arirhaoded round from the last witness, and lie had
kept it ever since.
Cross-examined by Mr. ilot.v.--He was about ten
yards distant when the letter was handed froth Pol-
hill. lie did not know where the jacket had been
from Tnesday to Thursday when the letter was given
Isiah The two vessels were lying beside each other in
Shields harbour. The port of Blyth is about ten miles
distant. He also produced the slate which was on
board the smuggler; it was delivered to him by the
chief-mate.

Th4snas Ennels re-examine4l.—Thomas Thompson
['mad Slate in the cabin on the Toads).

„or-

Cross-examined by Captain
did not receive the elate till Wednesday morning.
Mr. Ranee proposed to predate* ilia slate tie evi-
dence.
Mf. WILLIAMS objected.
Mr. Justice HOLROYD said it thbtal be proved that
the slate was in the sane condition as when it wait first
' Mod. It was not admitted.
• Wm. Skillett, a clerk to an hospital ship at Chat-
ham, proved that the prisoner was discharged from
his Majesty's service on the 31st of October, 1818,
for debility, and that at that time the prisoner was
furnished with a discharge.
1
Thomas Caine, re-examined by Mr. Wtt.ll
rive persons from the Swallow had got on board
smuggler before the witness boarded her. After
had been on board it was that he found the tin hot,
Thomas Patterson is a fisherman at South Bltb.
He wanes's on the 27th of February (with a contpa-
'ion) fishing, and in the course of the afternoon ("be-
tween three and four) beard some great gnus firing to
the east. Scion Sea is about three quarters of a mite
Blvtb ; and between six and eight o'clock be
saw the flashes, and beard the report of musketry and
large guns about three miles off. After the landing,
they still beard theiring, and it occurred to him that
two vessels were engaged. At seven o'clock it was
coming on dusk. The next morning he left his house
at siz ; it was a hazy thickish morning. There was
a great deal of sea, and be did not leave Birk. They
wet through the Le, and saw a large Scotch boat,
MI be supposed, a kind of oyster boat, not of the de-
',caption used on the Northumberland cast ; she
was painted s lightish colour. lie first saw her in a
very dangerous place ; they hailed us to come to them.
but witness told them to pull to him, as lie could not
reach them in safety, which they did. They have no
name on that coast for boats of that kind. There ap-
peared to be about 30 persons on board, and 8 oars.
The witness asked them where they wanted to go, and
told them they were at Blyth. They asked after a par-
ticular hill, which the witness called the East-hill.
They repeated Blyth several times, and one man said
he knew they were wrong, and asked how far they were
from Coquet Island. He informed them they were a long
way out of their latitude, and not less than 15 or lb
miles from it. When the witness got alongside,they asked
witness to drink ; one of the men said " let's give him
a tab ;" and another replied that they did know niter
they stood in need of themselves. They asked if wit-
ness hail any thing that would hold some gin in ; he
said he hail not; but they gave hint some in a dish.—
Witness told them that he had heard a great deal of
firing from seven to eight o'clock the night before; anal
one of them said, " Ah! was it so?" and said lie sup-
posed it to have been an engagement between a Reve-
nue cutter and a smuggler; and witnrse mired if they
had heard any thing of it, lint reeeited eilvittswer.—
Ile could nut find any 'twine or place patted on the
boat; and in the after part of her the-e was glass and
a compass; it was not light, and he conhl not see
whether there were any fire-arms on hoard ler. They
appeared like West of Eaglanti 'people (persons coming
front the coast of Kent, &c. &c.) One of them said,
" Let's set the love sail," and one of them desired him
to held his tongue, as he said the witness knew best
how to conduct them. They then said they bad got
in among the rocks all night, and could met tali how
to steer themselves clear. They were hard pumping.
Witness did net observe that they appeared much fa-
tigued. They seta large sail, and left the witness,
returning hint thanks for the information lie had given
them. They said they were going to join a Greenland
ship. They steered to the north and the east
i and
uld
he
told them when they turned Newhiggin point t wo
be light, and they would see all the danger before
them. Ile was not more than ten minutes with them.
Cross-examined.—lt appeared like a two-masted
boat, but the masts were not up.
William Twisell is a fi,berman at Creswell, eight
miles north of Blyth. On the morning of the last day
of February he saw a large boat with a love sail, a
mile out, about nine o'clock. It was not like those
used on that coasi. She was a kind of light or
.lead
colour. She hailed or•tnes (and his companion,) and
inquired which side of Coquet Island they were to go.
—Witness told them, when they thanked hint, and
said they were going to Greenland. The wind was
southerly. The boat was high out of the water, and
he could see 12 or 14 persons; they were working
three oars. The sea was very corrse after they left...-
There :sere about half-a-dozen men in the fore part of
the qoat, but he did not see any thing particular. He
could trace them near to the island. Ou the evening
before they heard firing off Blyth.
Thomas Brown is a fisherman of Cresswell. On the
morning of the last day of February, about ten
o'clock, he was near Bondacre-rock, a little to the
south of Loxley point. He saw a large boat painted
light; it bad a large love sail set; there were five
oars at work. When she came near witness, they
inquired the road to Boulmer, and on which side of
Coquet Isle they should keep. Witness told them on
either, and they went on the inside. Ile thought there
were 14 or lb men in the boat. He saw the boat last
about two miles from Bouluser, about eleven o'clock.
One man was pumping. Between six and seven o'clock
the night before, it was dark, an.l they beard firing off
Cresswell, to the southward of Newbiggin.
George Carr, Esq. lives at Boultoer-ball, and saw a
boat about a mile distant, coming ashore ; it was large,
deep, and painted light; it was differently built from
the boats on that coast. He saw upwards of 20 men
land, and he observed some persons carrying a man up
the beech. He heard one of the men swear, and say
" We have lost her, but we have bad fair play." They
carried the man to a boat, for the purpose, as appeared,l
of adjusting him and carrying him more easy. One cal
the man's legs hung down, and the other was straight.
we did not know where they went. He had heard there
Has a dead man in the boat; it was very stormy and
tempestuous weather, and he returned. About a quar-
ter of an hour afterwards he saw, from his door, some
men carrying something square. When be last lost
sight.of them they were about twenty or thirty yards
from Matthew Stanton's house, going towards it. The
same evening he went to Stanton's house, and found
Mr. Wilson there, examining the leg of a wounded
man, who was lying on a bed. The day preceding
he hail heard firing to the south-east about three or
four o'clock; it sounded like heavy guns. The pri-
soner is the person who was lying wounded siellhanton's
house.
Elisabeth Stanton the younger;. ;the daggloter, of
Matthew Stanton, said that site sate wouided man
at her father's house in February last. Her sister
Dorothy told her in the presence of tit prisoner, that
some wen had brought a wounded man iu, and lie

4k •

was put to bed; he remained at her father's, and a
surgeon was brought to him.
John ?Athletes, a surgeon, said before he was ex-
stained that what be could give as evidence was com-
municated to him confidentially.
The Court informed him he was boned to state all
be knew.—He is a surgeon at Alnwick, in partner-
ship with Mr. Wilson. In consequence of what be
beard the amputating instruments were sent to Stan.
ton's, where the witness arrived about six. He there]
saw the prisoner at the bar, wounded in the leg; he
asked him when he had received the wound, and be
said the day before. After Mr. Wilson came they
examined the right leg, and found it fractured below
the knee, in the front of. the leg. It appeared to
him to have beet a gun shot wound. Mr. Wilson felt
'for the ball, but the man said he was sure it was not
there, fur be knew that after it had struck his leg that
it lied gone through the companion (she case that
covers the stairs leading to the cabin), he said he had
been all night in a boat. The question was asked
where he had left the vessel, and he said between New.
biggin and Shields; he said that he had bten along
side another vessel fighting, and that he was shot close
along side the vessel: He said (the witness believed) that
they were engaged three quer ersof an hour, and that be
had • boot on at the time he was wounded, which wee
eat off. Witness and his partner thought amputating
necessary, but the prisoner would not submit to its be-
leo done ; it was however obliged to be done on the,
I Ith of March, and if it load been done earlier it
would have saved him much pain. Ile was taken to
Stewarts's stables and there found a dead man ; his
death was occasioned by a wound in the thigh ; a
ball was extracted of about three ounces weight.--
The prisoner never named the vessels that were en-
gaged.
Cross-examined.—The prisoner did not appear to
he is great pain when he first saw him, both the banes
.were broken. He must have suffered a great deal of
pain by that wound. He was first in custody in All-
wick about six ro eeks past, and isail remained at Stan-
ton's up to that time. In the course of the month lie
was in a state of convalescence. The prisoner was
questioned the same evening as to when, where, and
how he received his wound. I did not iiiiilerstand
the prisoner meant to say that he had been persJnaily '
fighting on board the vessels.
Mr. George IVilson, the partner of the last witness. I
said he extracted the ball produced from the thigh of
the dead man. It was about three ounces weight.—
(It was produced )
Captain Stanley had used such halls in the engage-
ment with the smuggler on the 27th of February; lie
was off the Nor humberland coast the whole day, and
no other engagement could have taken place without
his hearing it.
John Stewart lived at Buttner; sonic men urgently
requested him to allow them to leave a dead huilv in
his stable. There was about twenty or thirty men in
the whole, but about four cause to his stable. The
whole of them afterwanis ran off tow'ards
Cross-examined.—lie saw the bust before she came
on shore: she had only one mast.
Captain Stanley—r\ thwart was produced, which wit-
ness said was used. fur the purpose of strengthening a
boat froin side to side, when a mast is put up to carry a
sail ; lie found it at liiihner in a fisherman's yard. It is
aunt the kind of sbwart used in Nortbuinbeiland ; they
are generally *Chi a tub boat (smuggling). One
of those beeliqtre woo broke up, as they are bu
slight.
John Brice is a constable at Rulmer, and he received
the thwart from Captain Stanley, and it has remained in,
his custody ever since.
Robert Remmett, Esq. a solicitor to the Customs, pro-'
duced a copy of the condemnation of a ship supposed to
be the Ida, in the Exchequer, and also of her cargo.
John Jones, a sub-Lieutenant in the navy, said Ise first
saw the prisoner, in January, 1820, who then resided at
Rye in Sussex, and was known by the name of John Rey-
nolds. lie saw the prisoner at Stanton's house in Febru-1
ary last.
Mr. HAM here wished to read the letter as evidence,
which was found by Dabney in the jac'aet, but
The Court held that as the letter bad not been traced
into the possession of the prisoner, it could nut be read
as evidence against him.
Mr. WILLIAMS and Mr. IioLT made a e.niilar objec-
tion to the reading of the contents of the tin box, the
ship having been wholly in the possession of five persons
of the Swallow cutter before it was given over to Capt.
Stanley, and they not being present to prove it was in
the same state in which it was found. Mr. Holt in-
stanced the case of the persons who were tried for break-
ing into Mr. Beckwith 'a shop on Snow-hill, where pa-
pers were rejected as evidence.
Mr. Lim N x and Mr. Lost argued the contrary.
The Court, after a consultation with Mr. Justice
BATLIY, decided that those papers could he received.
The certificate of the prisoner's discharge from his
Majesty's service was then read, which was found in the
tin box in the cabin of the smuggling vessel.
Here the case for the prosecution was closed.
Mr. IV, waists then rose to make an objection : he
stated that the Act of 24th of the late King, which
empowered a Revenue cutter to shoot at supposed
smugglers, had appointed a particular pennant to be
used, the field of which was to be blue, and which Act
was subsequently improved by the 56th of the late
King, and by that Act the colours were to remain as
heretofore, unless an order in Council, or a Royal Pro-
clamation was issued to the contrary. In the present
case the field of the Revenue cutter's pennant was red,
and no proof had been adduced by which that altera-
tion was justified, and therefore, lie contended, that
the prisoner was entitled to an acquittal, as the offence
was thus entirely taken out of the statute, under which
be was indicted.
Mr. HOLT followed at considerable length in the
same argument.
Mr. Justice HOLROTD concurred with them, that the
same authority was essential to justify the deviation
that had been introddced ; but as his Majesty's subject,
and the Court, were bound to bear all Orders in Coun-
cil and Royal Proclamations in recollection, he thought
the prisoner was not entitled to an acquittal, because
that authority had not been produced by the prose-
cutors. His Lordship said the prisoner should have
the advantage of having this point considered in any

place.
Mr. Justice 1101.110 TD then summed up the evidence
meat minutely, leaving the Jury Ito return their ver-
dict upon the evidence, and reserving the point of
law for the consideration of the Judges.
The Jury, in a quarter of as hoar, found the pri-
soner Galli!, but recommended him to mercy, on ac-
cuse of the.suderings he bad already borne.
ilia Lordship said the recommendation of the Jury
should be attended to.

been convicted by the clearest and most cogent evt. ,
deuce (Coaeict—'4 my Lord, be merciful to se') of
baying attempted suite the life of year wife, witb.
out, at least, any immediate provocation, if you ever
received any provocation. The craelty nod atrocity
of lour conduct(' My Lord, I never intended to kill bee)
render it impossible to give you any hope of mercy...—
Every thing in your power yeti barbarously did. She
was rescued from you by the interference of seighboursi
It appears by your own account that you were punish-
ed for your cruel treatment of her before. Happy had
it been for you if that punishment had beta a sufficient
warning to you. After she was rescued, you avowed
your barbarous revengeful design of taking away bet
life.—e My Lord, I had no intention of 10-41
seems to have been a p-emeditated attempt; and abet
you were prevented, you still etpressed a wish that
your intention had been carried into effect. It is
possible for the administrators of justice to do other.
wise than give the law its full effect. Therefore pre.
pare yourself, and in the short time you have to lief,
make your peace with your Maker.
" You, John Wilkinson, it appears, were concerned
in m toy depredations of a similar nature, and one of
the cases of which you were convicted by the clearest
evidence, was attended with circumstances of enmity
and barbarity as make it absolutely necessary to carry
the law into effect and make you a complete example.
You and Hetherington will do well to prepare (He.
therington—' I did not strike or ill use the awe)
fur the fate which it is impossible I can bold out to
yon any hope of avoiding. Yon three 1 earnestly
warn and entreat to pray for that mercy hemaher
which the security to society cannot afford to yen
here. The sentence upon you Ileorge Main. yon Joie
Tilkinsots, you Thomas Dodds, and you William
.iurteis Hetheriogton, is, that you be banged by the
'leek till you he dead, and may Ood have mercy on
your souls."
His Lordship sits to-morrow in the Crown Court, to
'ry the prisoners and causes which still remain there.

SENTENCE UPON THE CONVICTS. • •
George Main, for attempting the murder of his wiit
John Wilkinson, Wm. Smuts Hatiteraitgton. asi The.
. man Dodds, were placed together at *altar to mein
sentence.
Mr. Justice Houtosn.--" oeoTre Main, you hays
Ads eissraat ww,t saset ~rime ah.t_