Maidstone, Tuesday, Augus...
The Times, 1824-08-12T00:00:00

A mas was an itoriiatgoni at the instance of the Board of (ustenis, again,t the deftndant, for a.saulting and obstructing a seaniian named %Vhite, of the Rasmillies, engaged in the Smuggling Pre- ven-ive Service. Itappeared from) the statement of Wlhite, the principal witness, that on the morning of the 19th of August last, he was on duty near the batbing-nmachines at Dover, and about ten o'clock he saw several men rgo down to the beach and walk up to their middles in the watet, and fish tip six or eighit half-ankers of foreign brandy. HIe follwed them, but in his rogress he was stopped by the defendant, who seized him round tnie middle asid( hove him dawn. Somne other men k.pt him down, whilst the smugglers walked offwith their load. Af:tcr struggling some minutes. he got louse anti overtook one of tie Snm uzlers, and dratwing liis cutlass compelled him to run, leaving two half- Likers hehind, whichi he seizedl and delivered at the Cus- tom-house. These were the circum%tances of the case. The defen '.i.t said nothitig in answer to the charge, anid lie was fi.undguilty. SMiTHEETT V. STt'ART. This was an action upon the Cinque-Ports Pilot Act, to recover prnalties agaitat the defendant fbr retusing to take on board a licensed pilot, ta navigate a ves.sel, of whichi he teas the master, up the Thab,mes. The dcfendant was master and part owner of a trader from Calais to London, of the burrden of 70 tons. By the Cinque Ports Pilot Act, 52 Geo. Ill., vessels coming from foreign parts are bound to takeon board oneof the pilotSduly licensed under that statute, Un- der a penalty of not less than 201., and not exceeding 501., except coasters, and persons wdo are residents of any of the Cinque-Ports. It was proved that the defendantc bad arrived near Dover, froim Celaik in April. IIZ., when a Cinque.Ports pilot, named Gibbs, pu- offaand tenderceA his services, which were refused, on the srountl that the defendant was a resident housekeeperin the totvn of over. Tie question in the case was, whether, in point of fact, the defen. dart was a resident of Dover withiti the meaning of the acL It ap- peared that he had been many years an inhabitant of Dover, and in pri, 1823, he took a small house its that towvn at 101. a year, and boarded and slept there wlienevcr he wva on shore. It was con- teuttced that hlis residence was merely colourable for the purpose of eveading the statute. 'I'he ca5 ent to the Jury, under the learned Judge's directions, aquestion of fact, whether the defendlant's residence was bona .e, or merely colourable.-The Jury foundl for the defendant. T /tenuag Piper was indicted for an assault on Joln Lumley, at Tnbibuler on th.e 22d of July. John uni ley,a fsootman to Lady Stanhope.-....Prisoner was tin- ile buleron he 2dof July last. The prisoner came in about five in the evening, t the servants' hall. lie was in liquor, anc said he would lhave a revolution, and, he was sorry for it, all tlhroughi the house. WlitnEss replied, he looked like one that was sorry, aId left the hall on thich the prisoner fcllowed and struck onm atoenatl on the temple, whicih gave hint a bllack eye. Witness st,ippet , and a geeneral lighit took plasce in the hall. The coach- meian ran awnin. The head butler took witness away. and locked him tip in a pariour, and Lady Stanlope came down and ordered huti not to 6 ht n more. It about ten minutes after, witness came out of tepart totes, and miet the prisoner, who saiDl, " I' hr trm.. if you shall ivel wae the black eye, without taking one." I Tin atwny by I 'atl ytanhoe 0 esr, id wvas locked up by the lad 's maid. Yhe Juntt)E stopped ttito case afte, oine or two questions in cross. e3camination,and the pristiner was found Gtuilty-...fitmedashilling, and dis(iared, XYjEDgE5ADA), -AUGUTST 1l. hViliWam Foste'- was indicted for assentbling withi others in sassist- i5gx in illegally" r4unning," yrotmibitedl goodls,and also for an assaxult otn Riley, Smiith, atid( Vain, offilc-er of the revenue, ops the 15th otf SIY, at Sllinster, in the 1lab of Thanoet. Sir. GuaseEy stated that tiis twas a prosiecution fdunded on a late act of Parlianment, wlicei for i m'en to jh soehighly penal to as. niul th Kin 1!corm em~.loc n te eeuino their duty. ~ Pane,exainedb3'Air l(ox.-I ant a seamati be. ~5gig tt h Roillce satineditttheDowr,% in Ala), last, to pre- ves smgglng Ai. kle wa th Lcotenant commandinjg. I was on the north shore wateh-house, at Allinstcr, on the 22d of May under command of tllr. Smith, a midshipman. On. tiatright abouqt one o.coclk lheardhnotoc 6f-tbtsteps ; I saw five or six mer coming up from the sea with bales on their backs. I desired tberr tctdrop the gbods. I sung out, "1 Drop them ! One of the men. Foster, dropped his bale. All were dressed in white but Foster, b o wore bhae trousars and a d Ark waistcoat. They all attempted to go away, but 1 said if they did not stop, f would fire the alarrx pistol. The men then stopped, and I went and laid hold) of the fore. most man, on which my hat was knocked off by a man behind. I was strock by a bludgeon on the temple as I turnetd round. I wa knocked down andl stunned. I fired my pistol when I was down. and then the men all fell upon me in a body. I fired mny pistol in the air as an alsrm. The blows came so fast I could not coun- them When I recovered a little, I tired a second pistol. !ISr. Smnith and h5is men came up. 'T'he gang had gone off atler beating me. I saw the priso-ner afterwards at the watch-house, and recognized him immcdiatelv. Charles Wilson Riley, examined by Air. Guatoxl.-I am Lieutenant of the larnzillies. I heard, on the night in question, two pistol-shots. I went to the spot described by the last witness; I found him bleedling and weak fram the lors of blood. I found bales on tite place, containing Bandana handkerchiefs and French silks. I orlered my men to search about the place. The men came to me from the watci-house; I had five or six mnen ; I gave the order in a loud voice. Aftes I had proceeded about 20 yards 1 saw a man rise from the gully, who said, " I am one of thc men ; I give myself up. For God's sake have mercy ott me, don't shoot me." I took him into custody, ant asked him how he could expect mercy when he had shown none tomy man, who had detected him "ritnniig" the goods. Thit prisoner then said he landed from a beat, with five other neli, with nine bales. I took him and the bales to the watchhouse. I fiound fouir bales afterwards about 40 yards from where I took the prisoner. The prisoner was taken in a gully, about 60 yards fron tbte place where my wounded man was found. .Ur. Smith, the midshipman, was under my orders. Here a privatc conversation took place between Mr. Baron GliA- HAX anti Mr. ADOT.DpHus, the prisoner's counsel, and after a con- munication of the latter with the prisoner, hMr. ADO LPH us addressed the Cotirt. From the manner in which . lr. Riley had given his evidtenee, he could have no hepe of shaking the cause, and tie thought fit to reconnmend the prisoner to withdraw his slea, and throw himeclf on the mercy of the Court. Al r. G u R axaE T.-As I represent the Atrorncy-General, ! must oh- serve, that the only object of the prosecution is to show the magni- tudeof the offence, antil under the peculiar circumstances ol the case, I beg leave to recormmend the prisoner to mercy. iMlr. ADOLPHrUs said, the prisoner was a young man of excellent character, lately returned from the East Indies, and he was inno- cently drawn into an association vith a party of smugglers on the occasion for witich he was then at the bar. The jury, under the direction of the Court, foanl a verdict of guilty, and Tle learned JUDGE told the prisoner, that the Court would con- sider that he had been already sufficientlv punished, and he should be discharged as soon as possible. MAIDSTONE, 'TUESDlAY, AUcuST 10. tll'IL SIDE.-TIIE KING V. T-ARKIT.q.