Samuel Austin, Royal Offences > tax offences, 9th December 1747.

Reference Number: t17471209-55
Offence: Royal Offences > tax offences
Verdict: Guilty
Punishment: Death

+ 68. Samuel Austin , was indicted for unlawfully and feloniously assembling himself with a number of other persons upon the 5th day of August last, in the parish of Lid in the county of Kent , with fire-arms and other offensive weapons, in running and carrying of goods that are liable to pay duty, that have not been paid and secured against the statute , and against his Majesty's crown and dignity.

Sol. General. Gentlemen of the Jury, the Prisoner at the bar, Samuel Austin , is indicted, that he, together with one Thomas Fuller (tried the last Sessions) since the 24th of July, 1746, about the month of August, 1746, were assembled with a great many others armed, and they armed in order to be aiding and assisting in running uncustomed goods, and goods lable to pay duty, that have not been paid or secured,

it is the same, gentlemen of the Jury, as you have heard before; therefore I would save you the trouble of speaking to the nature of this notorious offence, but shall proceed to speak of the particular offence.

The Prisoner at the bar is indicted upon a statute which hath made the offence more penal, because he is indicted on an act of Parliament made in the 19th year of his present Majesty's reign; by that act, if any persons, to the number of three, with arm'd force, be concerned in running and landing uncustom'd goods, they are guilty of a capital offence. The only question will be, whether this person is guilty of that offence? As to that, the case stands thus: In the beginning of August, 1746, the Prisoner with about twenty or thirty others, all of them arm'd with fire-arms, blunderbusses, and other offensive weapons came to a place call'd Lid, in Kent, to an Inn known by the name of the George-Inn, they came on horses, and drove horses with tea in oil-skin bags, and brandy in half anchors : and in this manner they came about the beginning of August to Lid in Kent. They came from a place call'd Lidlight, near the coast, into the country with those goods. These men were the greatest part of them arm'd, and with goods flung upon their horses. And, Gentlemen, you will find it prov'd by the witnesses, that the Prisoner now at the bar, this Austin, was one of them; that he was aiding and assisting, that he was arm'd, carrying goods in oil-skin bags, and liquor in those casks towards London. We have another witness that saw them a mile distant from the George-Inn, and will prove the Prisoner to be one of them; but I imagine before I mention it you will easily believe your selves, that neither of the witnesses had courage to stop the gang, nor dare desire to see what they had there; therefore 'tis impossible for them to say they opened the oil-skin bags or half anchors. If the Prisoner can give evidence, and show what was in those oil-skin bags and half anchors, and that it had paid duties, this would be a defence; then you will consider it as the general method for stowing tea and brandy. You know the law in that case, that brandy can't be imported under a sixty gallon cask; tea cannot be imported into any place in England but London. They import it in large chests lined with lead; but smugglers that bring it from Flushing and Boulogne, from the opposite shore, the general account, you have had it already prov'd by several witnesses, that there is not, nor never was any package in these bags but tea. The witnesses will tell you, upon seeing them, they verily believe it was tea and brandy. If they can make a defence, and prove that it had paid duty, that would be a defence.

Another circumstance ought to be taken into consideration, which is, the behaviour of the Prisoner, to shew how far from hence guilt is to be infer'd; 'tis always look'd upon as a material circumstance, that if a man attempts to escape, if he uses extraordinary measures for that purpose it is no argument of his innocence; and as he might expect to be try'd in two or three days by his country, if innocent, he could be under no apprehension of a long confinement, why then should a person make so desperate an attempt to escape as he did on Wednesday morning ? It was not the bare apprehension of lying long in prison, that this person (with some others) attempted to cut off his irons in an extraordinary way, but the hopes of a great gang in the heart of the city of London being ready to carry him off. This shews that what the dreaded was a trial.

Sol. General to William Wills . Do you know Samuel Austin ?

Wills. Yes, Sir, I wish I never had; I have known him four or five years.

Q. Did you see him since July 1746 in company with smugglers, running and carrying off uncustom'd goods?

Wills. I saw him particularly, to the best of my knowledge, in the year 1746.

Q. Can you recollect the day?

Wills. All I have to say of the day, I think it was the 5th of August, that day I was carrying a pair of shoes home to the George-Inn, about eight o'clock in the morning, for the landlord's daughter, and I saw him, Fuller, and several more at that time; and I believe there were threescore horses with him: when I had intelligence they were there, and saw them, I did not go, having been abus'd several times by the same man; so I went into another house, where I stay'd a little time; then I went home with the shoes.

Q. Do you know the Prisoner was there?

Wills. Yes he was; and there were forty men and sixty horses, and the Prisoner had a carbine flung over his shoulder; but I cannot say whether he had pistols or not.

Q. Were they in general arm'd?

Wills. I believe there were twenty arm'd on horseback: as to the Prisoner, he had a little matter of tea upon his horse.

Q. Were their horses loaded ?

Wills. They were loaded with oil-skin bags and tubs.

Q. Did they seem to you to be full?

Wills. They were full of something.

Q. Of what size?

Wills. Four gallons a-piece by my computation; then they all march'd away from the George towards Old-Rumney road, and the Prisoner was one.

Q. Is that the way from the coast?

Wills. Yes.

Cross examination.

Council. Wills, you was here the last sessions, was you not? what time now was it you saw the prisoner?

Wills. It was between the hours of six and nine.

Council. Think once more?

Wills. No, I won't think any more, it was so.

Council. How long have you been acquainted with the Prisoner?

Wills. I have been acquainted with him too much for my profit; he has done a great deal of damage to myself and my family; and had it not been for him, I believe I never had been a soldier.

Council. I know you are angry?

Wills. I am not angry, I wish the man had more wit; he sent me word from Wardon fair the 20th of September, that he would kill me upon the spot.

Q. What arms had he?

Wills. A carbine flung upon his shoulder.

Council. You did not know what was in those bags ?

Wills. No, how the D - I should I; as for seeing the bags, or that person, I did not venture to see him for fear he should know me; for he once shot me through the arm and has abused me several times.

Sol. General. When you saw him ride towards Old-Rumney, did you appear publickly?

Wills. No, I retreated.

Prisoner. I would ask the soldier one question, whether ever he saw me with fire-arms; or whether I ever shot him?

Wills. I have seen him with fire-arms ten times, and can bring many other persons to prove it.

Q. Did he ever shoot at you?

Wills. Yes, he did, over-against one Mr. Plumber's shop a grocer.

William Weyman . I have seen the man more than twenty times in company with the Hawkhurst gang, and with oil-skin bags and half anchors. On or about the 5th day of August, 1746, I saw him within a mile of the town with several other persons, to the number of twenty, arm'd at that time with a carbine over his shoulder, and those in his company arm'd after the same manner, and about fifty horses. Austin did not ride with goods at that time, but I know he had drove horses, being within thirty yards of him: he had threaten'd my life before that, so I could not appear in view of him.

There might be fifty drove horses, they were loaded with half anchors and oil-skin bags, which hold about a quarter of a hundred of tea. I have had tea from the Prisoner out of these bags, I had a bag of that tea, and 1 l. 8 s. in exchange for a horse.

Q. Was he about a mile from Lid?

Weyman. Yes.

Q. How long have you lived in that country?

Weyman. About ten years; and I am sure the Prisoner was one of them at that very time.

Q. Suppose you had ask'd him what was in the bags?

Weyman. To be be sure he would not have told me.

Cross examination.

Council. Had he any goods with him at that time?

Weyman. That I can't say, for I did not dare to see him, because he threaten'd my Life.

Council. How came you to be afraid of him?

Weyman. He had a notion that I betray'd the boat where they work'd their tea, which was taken by the officers; tho' I sent to them to let them know that I was not the person that sent to the officers to discover the boat.

Council. May not English brandy be carried in that manner ?

Weyman. Yes they may.

Sol. General. Do you know what gang this was?

Weyman. The Hawkhurst gang.

Court. You have said you have had dealings with the Prisoner about exchanging a horse, and you had tea from him out of the oil-skin bags : I ask you whether you knew at that time that he dealt in such a way?

Weyman. I am very sure he did, because he had four or five horses loaded of his own.

Court to the Prisoner. Now is your time to make your defence ?

Prisoner. I have not a great deal to say for myself; I am as ignorant of the thing that is laid to my charge, as a child that is unborn: and I never saw the men.

Court. But you hear what they say, that they saw you?

Prisoner. I can only say that I know nothing of the affair.

Court. Have you any witnesses?

Prisoner. Yes, Sir, they are to prove where I was at the same time.

Q. To Thomas Cook . Where does the Prisoner live?

Cook. At Hawkhurst.

Council. Do you remember being in company with him in August last? What day had you occasion to be in company with him?

Cook. The fourth and fifth day of August, I was at a fair call'd Park-fair, in the parish of Cranbrook, I went home with him from Park-fair to his house and lay there.

Q. What time did you get home?

Cook. About ten o'clock, and we sat up about an hour.

Council. Did you see him in the morning?

Cook. Yes, about six o'clock, and I continued in company with him about two hours.

Council. How long did you stay at his house? Are you sure about the fifth of August you was in company with him? Where did you leave the Prisoner ?

Cook. At his own house about 8 o'clock.

Council. Can you venture to say that he was not out of his house?

Cook. Yes.

Council. Did you borrow any thing of him that day?

Cook. I borrowed a horse of him to ride to a fair.

Council. Who got up first, you or him?

Cook. I saw him in the morning before he got up, I saw him in bed at six o'clock.

Cross examination.

Sol. General. What business are you?

Cook. A Taylor.

Sol. General. How old are you?

Cook. About eighteen.

Q. What carried you to the Fair; had you any business there?

Cook. I had no business there.

Q. What's your master's name?

Cook. Russel.

Q. Do you know one Henry Dodson ? Do you know one Thomas Redford ?

Cook. Yes.

Attorney General. What is he?

Cook. He lives at Hawkhurst, within a quarter of a mile.

Q. When did you come up from thence?

Cook. I did not see him when I came up.

Q. When did you see him; how long ago; was it four or five days?

Cook. Not in so little a time: I have not seen him within this quarter of a year ?

Council. Mind young man, when was you apply'd to to give evidence upon this occasion ?

Cook. About a month or six weeks ago; I can't tell the day; it was the latter end of October.

Sol. General. When you was apply'd to, did you recollect this? I would be glad to know how many servants this man keeps?

Cook. He keeps only one servant maid.

Sol. General. Do you know how many horses he keeps?

Cook. I can't tell what horses.

Sol. General. Was you in company with any house-keepers at the fair?

Cook. With one Mr. Marlow of Cranbrook.

Q. What was the reason of your going to this Fair?

Cook. My master gave me leave because I work'd the holiday before.

Q. Did any body return with you beside the Prisoner ?

Cook. No.

Q. What kind of a house has the Prisoner; a little or a large house?

Cook. Sir, I can't say.

Council. But if you lay there, you can recollect where you lay ?

Cook. I lay in the garret; there was a man lay with me; but I can't tell the man's name.

Q. Was it one of the Prisoner's family?

Cook. I can't tell; it was not one of his family, because I knew his family.

Q. Who was it? did you ever see the man before?

Cook. No.

Q. Have you seen him since ?

Cook. No.

Q. Did the person with whom you lay get up at the same time with you?

Cook. Yes, Sir, he breakfasted with us; but I did not hear his name.

Q. Does your master keep horses himself ?

Cook. He keeps one.

Q. How many horses has the Prisoner?

Cook. I can't tell; the Prisoner went on horseback, and carried his wife behind him, and lent me a horse.

Q. What business is the Prisoner ?

Cook. A farmer, I believe.

Council. A farmer; then he keeps more than two horses?

Q. Was this a saddle-horse, or a cart-horse that he and his wife rode on?

Cook. That was a saddle-horse.

Council. Now with respect to your lying there all night, you got up before the Prisoner; was the prisoner's wife at home ?

Cook. Yes; I went up in the morning, and they were a-bed together.

Q. What occasion had you to see the Prisoner in bed that morning?

Cook. I went in to return him thanks for the use of the horse, which I did not do over night; and this was at six o'clock.

Council. So you went into the chamber where the man and his wife were, to return him thanks for the horse.

Cook. Yes, and then they would have me to stay and breakfast with them.

Q. Who breakfasted with you?

Cook. The maid, Martha Simons ?

Q. Now, Sir, how came you to be so exact as to the time of the morning? Is there a clock in the house?

Cook. Yes, Sir.

Q. Did you look at it?

Cook. No, Sir.

Council. Then you had no benefit by the clock.

Q. What had you for breakfast?

Cook. Tea.

Council. All tea, maid and all?

Cook. Yes.

Q. When was this?

Cook. Last August was twelvemonth.

Q. When you borrowed the horse to go to the fair, did you go to the Prisoner's house to fetch it?

Cook. Yes.

Q. What time did you set out?

Cook. About ten o'clock.

Q. How came you to lie at the Prisoner's house that night, when your master's house was so near ?

Cook. It was two miles, and he asked me to lie there, because it was very late.

Q. Did you ever lie there any other time?

Cook. I have before and since.

Q. When before?

Cook. I cannot tell, my Lord.

Q. Did you ever borrow a horse of the Prisoner before?

Cook. No.

Sol. General. Have you borrowed a horse since?

Cook. I cannot tell.

Q. Was you at the beginning of the fair?

Cook. No.

Q. Did you continue till the fair was broke up?

Cook. No.

Q. Who went with you to the fair?

Cook. Two men, but I do not know them.

Q. Who came up with you?

Cook. One Mr. Kemp and his daughter from Goudhurst, I came with the Prisoner's wife from Hawkhurst, from my master's.

Q. Did your master give you leave to come?

Cook. Yes.

Q. Did any body come with you?

Cook. John Turner a labourer called me, and came with me only from my master's house.

Q. Who came with you besides him?

Cook. No body at all.

Q. Have you seen your master lately?

Cook. I saw him last Saturday.

Q. When you went to the Prisoner's house, who did you see there?

Cook. I saw the Prisoner's wife and maid.

Attorney General. When did you see his wife before you called the last time upon her?

Cook. I saw her a month ago, she asked me if I did not remember this affair.

Q. Did she give any account about it, or you her?

Cook. She asked me if I could not remember the fourth of August.

Attorney General. Who was with you besides the Prisoner's wife?

Cook. Elizabeth Turner , one of the evidences.

Q. Where doth she live?

Cook. At Hawkhurst with her father, a labouring man.

Attorney General. Is he concerned with the Hawkhurst gang?

Cook. No, sir; I never heard such a thing of him.

Attorney General. What is the Prisoner's wife to you? are you any relation to her ?

Cook. No relation.

Attorney General. How long has the Prisoner been married?

Cook. About five years.

Attorney General. Was his wife ever married before?

Cook. Yes, to one Cook; he lived at Hawkhurst.

Attorney General. Did Cook leave any children?

Cook. Yes, three.

Attorney General. What are their names?

Cook. John, Mary, and Thomas.

Attorney General. Are they grown up?

Cook. Two are very little, Mary and John.

Attorney General. How old is Thomas?

Cook. About eighteen.

Attorney General. Where does he live?

Cook. I am he.

Attorney General. This is the man that is brought to contradict the evidence that has been given in Court.

Attorney General to Cook. You are the son of that man's wife. What was the reason you denied that you was the son of that woman? give the reason why you denied it.

Cook. I have spoke the whole truth, only this.

Attorney General. Why do you tell that untruth ? do you know what an oath is?

Cook. It is to speak truth.

Attorney General. Have you spoke the truth, recollect yourself? do you know where you are? do you know the consequence of an oath, and of breaking an oath ?

Solicitor General. Can you answer why you told this gross untruth but just now?

Attorney General. I ask you that question, why did you tell that untruth, that you was no relation?

Court. Why did you conceal that fact with relation to the Prisoner at the bar, and swear a fact directly contrary?

Cook. I was afraid it would not go so well with him else.

Solicitor General. Who was the person you conversed with, before you came into Court?

Cook. Mr. Marlow.

Q. Who is he?

Cook. A silversmith and watchmaker.

Q. Who was with you besides him ?

Cook. The Prisoner's wife.

Solicitor General. Who was with you last, before you came into Court?

Cook. Mrs. Hayward.

Attorney General. Who was with you besides?

Cook. Mrs. Turner.

Q. What house was you at last ?

Cook. At the Old-bailey coffee-house.

Q. Who was with you besides these persons?

Cook. I did not know them, there were a great many people.

Q. Was there any people concerned in this cause?

Cook. Not as I know of.

Attorney General. Now give me an account what was your conversation about this cause; recollect, don't repent of your crimes by telling falshoods.

Cook. I had conversation with his wife.

Attorney General. What did she desire you to say?

Cook. She asked me whether I did not remember it, and I said I did.

Attorney General. Did she desire you should not own you was any relation to her ?

Cook. She did not tell me so.

Attorney General. Now recollect, was this your own invention to tell such notorious untruths to the Court? was it your own inventions or somebody's else? how came you to say you did not know whether he was a farmer, nor what horses he kept, nor what house he lived in? how comes it to pass you have been guilty of such gross perjury as this in open Court ? I will ask you again this one question, and it is the only way you can make satisfaction; who is it that hath set you upon coming hither to give this account of things?

To all these interrogatories the Prisoner kept himself very close, and would not acknowledge any thing of his being put upon this dreadful practice by any; upon which he was deservedly committed to Newgate for wicked and corrupt perjury.

Q. to John Marlow . Do you know the Prisoner?

Marlow. Yes.

Q. Did you see him in the year 1746?

Marlow. There is a fair in our place, and every person in the county almost generally carry their wives, and Austin came and asked me to go to the fair with him, it was the first Monday in August We went to the fair about three o'clock in the afternoon, we came home between nine and ten; there was his wife and my wife, there were several people that went with us that passed the road; but to say I particularly remember who, I do not.

Q. Where do you live?

Marlow. At Cranbrook, it is the way between Hawkhurst and the fair.

Solicitor General. Did you see any boy with them?

Marlow. I cannot say particularly.

Attorney General. Do you know Thomas Cook?

Marlow. I did not then know him, but I have seen him since.

Attorney General. Did you come away from the fair together ?

Marlow. I overtook him in his way home from the fair.

Solicitor General. Then recollect as near as possible his company; you say you overtook him in his way home from the fair; you can then give an account of the people that were with him.

Marlow. No indeed I cannot.

Attorney General. Did he ride upon a single horse, or was his wife with him?

Marlow. I think his wife was with him.

Q. Do you know how far the fair is from Lidlight ?

Marlow. I think four or five and twenty miles.

Sol. Gen. When you overtook him, if you stopt and drank with him, you must know his company, then you can recollect; did you set out together? was any body belonging to him hurt, that was part of his company ?

Marlow. I believe there was.

Sol. Gen. Do you know who?

Marlow. There was a woman in a chaise rode before him.

Q. to Elizabeth Turner . Do you know the Prisoner?

Turner. The Prisoner lives at Hawkhurst, he is a farmer there.

Q. Do you remember any particular day in August was twelvemonth of his being at any fair in the country?

Turner. He was at Park fair, it was upon the 4th of August; I did not go with him, I stayed at home with the children; I live at a little distance from his house, I go in and out when they want me.

Cross examination.

Sol. Gen. Did any body go with him to the fair?

Turner. She rode behind him.

Q. Did they return that night ?

Turner. Yes, Sir, they returned between nine and ten o'clock, they came home alone, only Thomas Cook was along with them.

Q. Who was in company that night there?

Turner. There was no body but them and the children while I was there; I stayed till between ten and eleven.

Q. Was any of the family gone to bed before you went away?

Turner. Austin and his wife went to bed before I went, and Thomas Cook went.

Q. When did you see him again ?

Turner. I saw him again between eight and nine o'clock the next morning; I saw Mr. Austin and his wife, but the young man that lay there was gone home.

Q. How long did you stay there ?

Turner. I think I stayed an hour.

Q. What time did you go away?

Turner. Between nine and ten.

Q. Had you any discourse with him?

Turner. I saw him about nine; and after I was gone from the house, I saw him about eleven o'clock, he said he was going for a person to go a haying for him.

Cross examined by the Attorney General.

Q. Where do you live?

Turner. At Hawkhurst.

Q. What is your business?

Turner. I take in sewing and washing.

Q. Do you live alone?

Turner. I live with my father and mother.

Q. Were they at the fair?

Turner. My mother was at home, but my father was out at day labour.

Q. Who was your father with?

Turner. He was mowing for this man.

Q. When did he come home ?

Turner. He came late at night, it was a distance from home.

Q. What did your father do the next day ?

Turner. He went a mowing for the same person.

Q. What did your mother do that day ?

Turner. She can do but little, she is an ancient woman.

Q. How long have you known this person ?

Turner. Three or four years.

Q. What is his proper business?

Turner. Farming business.

Q. Did Thomas Cook lie at his house?

Turner. He is an apprentice with Mr. Russel a Taylor.

Q. When was you first applied to, to give an account of this matter?

Turner. I was subpoena'd up here last week.

Q. Did any body apply to you before?

Turner. No, Sir.

Q. Did you ever hear this man was taken up?

Turner. Yes, Sir, we heard of it.

Q. How long is it since?

Turner. I believe not above two months ago.

Q. Had you any conversation with his wife about it?

Turner. I was at the time of Park fair at Mrs. Austin's, when her maid was gone.

Q. When did you see him since that?

Turner. I have been at the house.

Q. Did not you go to help the wife after the husband was a Prisoner?

Turner. But seldom; she has a maid now.

Q. Who asked you the question first about coming up on behalf of the Prisoner?

Turner. Henry Dodson , an Attorney at Rye.

Q. Is he concerned for the Prisoner?

Turner. I believe he was, he asked me if I knew any thing where he was that day, the fifth of August.

Q. What answer did you give him?

Turner. I told him I knew very well where he was.

Q. Is Dodson in town?

Turner. Not to my knowledge.

Q. Did you never know Dodson before?

Turner. No, Sir.

Q. Who spoke to you afterwards ?

Turner. Nobody, till I had a subpoena.

Q. Who did you come up with?

Turner. I came up with Thomas Cook , and Sarah Hayward .

Q. How far did she live from the Prisoner?

Turner. She lived at Hawkhurst then, but I believe she has been removed near a twelvemonth; she is a married woman, and her husband is removed.

Q. What occupation is her husband ?

Turner. He is a farmer.

Q. Did you come all the way from Hawkhurst with Thomas Cook .

Turner. He brought me behind him, Mrs. Haywood rode single.

Q. Who was with you besides?

Turner. There were several people upon the road.

Q. Who came up with you from Hawkhurst ?

Turner. One Kemp that keeps a publick house.

Q. Where did you lie the first night?

Turner. At Riverhead.

Q. Did you breakfast with the Prisoner the day after the fair? had he any maid-servant then?

Turner. He had no maid-servant.

Q. What makes you so sure of it?

Turner. She was gone before that, because of my being there.

Q. Who came home with them the night of the Fair? you spent the evening with them, did you not?

Turner. Yes.

Q. Did Cook lie in the garret by himself?

Turner. There was no body else there, I am sure of it.

Sol. General. I think they found you at home?

Turner. Yes.

Sol. General. You have given us an account of Henry Dodson ; do you know one Thomas Redford ?

Turner. He lives at the Green, not at a great distance.

Q. Was he with you that night at all, or the next morning?

Turner. No.

Q. Have you had no sort of conversation with him about it?

I think the witness's answer was in the negative.

Q. to Sarah Hayward . Do you know the Prisoner?

Hayward. I live at Hawkhurst; I have known the Prisoner a great many years.

Q. Do you remember any thing of him in August was a twelvemonth?

Hayward. I saw him the fourth and fifth of August in 1746, I lived the next door to him, I saw his wife and him go out to Park-fair, I heard him talk that night, and heard him watering his horse by the door, and I saw him between nine and ten o'clock; the next day he call'd upon me to go a haying for him, and he came and work'd with us; and there was dame Turner at work with us.

Cross examination.

Attor. General. How far was this place from his house?

Hayward. About a quarter of a mile.

Q. What time was this?

Hayward. About ten o'clock, and he stay'd with us two or three hours.

Sol. General. I desire to know how long ago you had occasion to recollect this? who spoke to you about it?

Hayward. It was when our neighbours were talking of the man's being sworn against.

Q. Who was it that ask'd you?

Hayward. His wife ask'd me if I did not hay for him that year, and I said yes; she ask'd me whether we hay'd that day, and I said we had about ten o'clock, and he was with us; then she said I must go for a witness for him; and I said I did not care if I did, for I would speak the truth.

Q. Who did you see with her when you was there ?

Hayward. I saw none but her and her children.

Q. Who was along with them?

Hayward. There was one Betty Turner , and the children.

Attorn. General. Who was haying for him besides you?

Hayward. Dame Turner.

Q. Was not Turner's husband there? did not he hay for him that day?

Hayward. I think I am very sure he did not hay for him that day.

Q. Did you converse frequently with the Prisoner? what time did they set out for this fair?

Hayward. Between twelve and one, I saw Betty tuck her coats up.

Q. to Elizabeth Turner . Did not you say your father was haying for the Prisoner that day? do you know what field he was in? was he hay-making in the same field ?

Turner. I said he was mowing for him, but it was in another field.

Attorn. General. Did not you say your mother was at home that day?

Turner. I said she could do but little, but she might go down to the hay-field.

Sol. General. This is a circumstance may be material to be laid before the court, that is, the affidavit made by the Prisoner the last session for putting off his trial, and your Lordship will find that this Henry Dodson and Thomas Redford , the only material witnesses, without which he could not safely proceed on his trial, neither of them appears. And this is very observable, that by the other person that was indicted the last session, they were fully apprized of what they had to say, the same witnesses being examined the last session, were forced to give the same account; this being so, it was in the power of persons, if any such persons would, to invent a story and promote it by perjury, which is now call'd a Newgate defence, and you will observe they have been instructed from the very hour in the morning; the only thing for your consideration is, whether 'tis truth, supported by true evidence, or whether a false invention, dressed up and supported by corrupt perjury: that it is the latter appears beyond all contradiction, the Prisoner must know where he was, be must know in what company he was : He makes affidavit to put off his trial, that one Henry Dodson , who lives and resides at Rye, and Redford, a farmer at Hawkhurst, were material witnesses in his cause; it appears that Henry Dodson has been an agent for him to get evidence, he apply'd to Elizabeth Turner for her evidence, so that the cause is now supported by new persons; but if they come under suspicious circumstances it will greatly increase that suspicion. The first witness examined is a youth, and I am very sorry to find that one so early is so steady, he comes at the age of eighteen, goes through it correctly, sticks to his story, and swears to circumstances to give credit to it. For instance, it must be proved that he was at home in the morning, therefore it was necessary to fix that instant of time; he says he went up to him in his bed at six o'clock in the morning, because he omitted over night to thank him for lending him his horse; going up to thank him he invited him to stay breakfast, he stays breakfast 'till eight. He knows little of the Prisoner. Is he a farmer? hardly knows that. Do you know what horses he keeps ? No And whenever he speaks of his mother, 'tis the Prisoner's wife; and at last it providentially came out, that he was actually the son of his wife; after he had been giving an account of the Prisoner's wife, I interrupted him by asking him the question, what relation he was to the Prisoner's wife? he had some presence of mind, but not all, he thought it would certainly hurt the whole evidence if he acknowledged the relation; that presence of mind he had; but he did not go further, and considered that there might be a possibility of people's knowing him; at first indeed he absolutely denies it; upon which I began to think it might be a mistake as to the degrees of relation: upon his denying that he was a relation, had we not pretty strong assurance of it, we might have gone no further; but when the whole of the family is inquir'd into, the children's names and age, at last he own'd that he was her son; this brings an imputation upon the whole, that the other is dress'd up too; certainly you cannot believe any thing from the credit of that man's evidence. Then there comes another evidence, Elizabeth Turner , she did not know all that the boy had sworn, and she is caught in this circumstance, that is impossible to be true; first the boy swore positively, that he breakfasted with them, and that the Prisoner then kept a maid-servant; she has sworn positively that the maid had been gone a month before that; but she is sure upon that day she had no servant-maid at all: now the boy could not be mistaken in her, for she says she knew the boy very well, and the boy knew her very well, therefore this shews that this is a dressed up story. Hayward swears that he (the Prisoner) was with them at ten o'clock several times. Turner swears that he went

by her door, about eleven o'clock that day: But here is a witness that comes to swear to an hour and particular, a year and a half ago; she is never called upon to recollect any thing of that time, till about five weeks ago. Gentlemen, it is a most melancholy consideration, when all justice depends upon the truth of what witnesses say, when neither you nor Judges can do right, but what comes out of the mouths of witnesses; all our lives and fortunes depend upon their veracity; therefore, 'tis a melancholy consideration, for people to dress up stories of this kind. There is another circumstance exceeding material, between the boy and the woman; the boy comes home with the Prisoner, and another person, a man without a name; she was there before they came in, and there was no body with them.

Guilty .

Death .

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