The Statesman.
London, England, 1823-08-07 00:00:00

e tterinstrument of defence in the perilous situation in
which we were then placed. A portion of the smugglers,
upon observing what I load done, began to retreat ; upon
which those who remained shouted Come back, anti we
will give to them ' I then ordered Everett to wake another
signal, by tiring his pistol in she air. In consequence, of
this second signal, all the party, fearing probably that
assistance would speedily he afforded, ran off, to the direc-
tion of some premises belonging to Mr. Dray.—l fol-
lowed, but being unacquainted with the spot, became
impeded in
.my_ potshot by..l/aw „paling- of •-the garden.
—7lit 'this garment several • sliota were discharged
by the smugglers. I again fjred a signal and followed,
in the direction- which.' drirayindd they had t olten." • My ala-
jeet in pursuing them was to ascertain whether they had
any etnntgled goods, anti my•signals were not only intend.
ed to call assistance, but to point out to those who should
come to it the direction we had. takep. After I had ad-
vanced a few hundred yards, in consequence of stumbling
over a drain, which, owing,totbs dathuess, I had .mit.per-
ceived: in the art of4agsagoily musket accidentally. ent
off.• Upon recoveting onyeelf,„without waiting to reload'
the musket, I continued to purple the smugglers, and come
up within a few yards of them, u hen one, who was behind'
the rest, and who pioved to be John Dixon, • called out to
his toonntles to come hick, saving one of his men was
wonalled,"and begged me to return to the spot where be
lay.. I immediately turned hark for the space of seventy
yards and found a man lying upon the ground, who said
bid been shot. . Upon Jr. Bainbridge, with a party
of seamen, coming up, we carried the wounded man to-
wards Brown's cottage, where he expired before admit-
tance could he gained. The readiness with which I re-
turned, anal the snerour which at the motnent I rendered,
1 trnst will convince you that I could not he conscious of
having hems the cause of his death.. Gentlemen, I declare
most eolenwaleottoat I fired signals in the air only with any
Piatalrrianol'"taat the musket was discharged but once,
when it accidentally went off in canseqnence of my fall.—
But though this is the fart, I am advised, that in point of
law, if It had been otherwise, sod I had fired at the siang-
glees, there are t groan rals which would constitute a jos.
tificatioiv—first, that they were in the commission of a capi-
tal felony, in the course of which they discharged fire arms
at myself and Everett, who were then legally acting for
the prevention of the offence, in which they were engaged;
and, secondly, that if they were engaged in an offence that
does not amonat to felony, they discharged fire arms at
Everett and myself before any act on our part could justify
them. -It will be shown by th'e witnesses to be called on my
behalf, that immediatsly after the second signal had been
marks, whirls I ordered in consequenre of the threat to offer vi•
olence, a discharge of firearms by the sontagglers,directed to-
wards myself and Everett, took place. It will he shown,
/ay the marks made against the hark of Mr. Dray's stables,
that those fire-arms were loaded with ball, and that I and
Everett bad been exposed to considerable danger. This
happened some time before the deceased could receive his
wound. Bat, gentlemen, I do not further enlarge upon
this ground of defence, because I again most solemnly de-
dare that• I never fired at the stnugglrrs. I believeinost
conseientionsly that I was not even accidentally the cause
of this unfortunate man's death. It will' he shown by the
testimony of a surgeon, experienced in gunshot wounds,
that the wound was received in front, which could not
have happenad at a moment when be was retreating, and I
was in pursuit; and therefore it is quite impossible that the
ball could have issued from my musket. And you will
bear that shots bad just before been discharged by his own
party from a hank about 60 years in advance of him, one
of which doubtless produced the fatal event. I/cattlemen,
1 leave any case in your hands. I need nut, lam mare, call
open yew to dismiss any unfavourable impression that may
have been attempted to be into your minds, You
must be aware, that in the coarse of our doityll most
painful duty--we are exposed to conflicts with smugglers,
who are Helve' in the daily violation of the law. They as-
ambled in great numbers' and generally with arms. 'I heir
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 smug
glees on this coast, and to this time the offenders have es•
coped undiscovered. If on these occasions an accident hap-
pens to themselves, no pains are smiled, anti no means are
unemployed to misrepresent the faints to the prejudice of
the pergolas in the preventive service. lf, therefore by
their arms upon the roast, or by their swearers in a
court of joistiee, they ran deter us from the performance
of our duty, they will sennegle with impunity. and all
the laws for 'be protection of the customs will have been
passed in vain."
Several witnesses were milled to invalidate the testimony
of the witnesses fur the prosecution, and to prove the facts
stated by the prisoner, and that the smugglers were awned
and bad fired.
Several others were then tendered to speak to the pri-
soner's character, when

Mr. ADOLPHUS, on the part of the prosecution, inter-
posed, and said that after the evidence he had heard in de-
fence it would be unbecoming the sitnation he held to pre,s
the case further. The prosecution was condneted at the
instance of the parish officers of Diotchurch, who had no
other wish upon the subject than to bring the matter be-
fore a public tribunal, in order to. sift it to the bottom.—
From the case now so full• investigated, it was quite ma-
nifest that every thing which public justice required, bail
bees accomplished; and as there was no ground for pte,s-
Ing the case further, lie prayed that the mutter might be
terminated by a verdict to favour of the Gentleman who
stood at the bar. _

Mr. Sergeant Owshow spike in high terms of the can-
did and dispassionate manner in which the case had been
conducted on the part of the prosecution ; and immediately
directed the Jury to find a verdict of Nun Guilty.
The Prisoner was immediately acquitted.