Offences: Royal Offences > tax offences; Miscellaneous > perverting justice; Miscellaneous > other
Verdicts: Not Guilty; Guilty
452. + Robert Salmon , late of the same place, labourer , were indicted, for that they with divers other persons after the 24th day of July, in the 19th year of his Majesty's reign, to wit, on the 8th of November last, at Benacre in the County of Suffolk , did with fire-arms, and other offensiveJames Holt out of the hands of the officers of his Majesty's customs; and that they on the 11th day of March in the year 1746, at Horsey in the county of Norfolk, did with firearms, &c. riotously, unlawfully and feloniously assemble themselves together in order to be aiding and assisting in running and landing uncustomed goods , &c .
They were a third time indicted for not surrendering themselves according to the Act of Parliament; against the Peace , &c .
Willam Bailey sworn .
Bailey. Yes, but not 'till the smugglers called him by his name; there were several smugglers there.
Q. Was you at Horsey on the 10th, 11th , or 12th of March?
Q. What had Holt in his hand?
Bailey. He had fire-arms in his hand; I am unacquainted with the names of fire-arms, but he had a piece in his hand about the length of this stick, and I did expect he would shoot me.
Q. What did they come for besides?
Bailey . They came to run goods.
Q. Was this on the 10th of March, or the day after ?
Bailey. The day after; I was got into the bar, and they could not find me at first, for they thought I was come as a spy, and cut my face in a terrible manner, and beat me with a leather belt; I went to bed, and after I was in bed they came to the door and knock'd for me, and the landlord said he is in bed, and he will be quiet if you will let him be quiet: the only man that I can swear assaulted me was Holt.
Q. Did they take you away?
Bailey. Yes, and I said to the farmer as Shakespear said, I am going I don't know where I am going, or how I am going; I said I believed they had a design to take away my life, and I said don't put me to this terror; if you intend to do it, do it at once; and one of them asked me if I had a handkerchief, and I said I had . About one o'clock on the 11th of March in the afternoon there was a cutter came in, and they had spyingglasses . Said I, you are a parcel of blind Sons of whores, for there is your cutter; and Holt said, where are my arms?
Q. How many had arms?
Bailey. There were 45, and I saw Holt and the rest of the company armed.
Q. How many had arms?
Bailey . I am sure most of them had arms.
Q. Did you see any boat come on shore?
Q. What goods were in it?
Bailey . Tea and Brandy, as I took it to be.
Q. How was the tea packed?
Bailey. In quarter bags, the common package , in oil-skin bags; and the brandy was in casks about four and a half, or five gallons in a cask.
Pris. Co. Have you seen this James Holt since?
Q. Did you hear his Christian name?
Bailey. Sometimes they called him Holt, and sometimes James Holt, here's to you.
Q. I desire to know why his name may not be John Brown?
Bailey. You know best, because you are a Counsellor at law. I know that Holt was parish-clerk at Benacre in the county of Suffolk.
Q. How came you to follow them down to the beach?
Bailey. Because they had used me very ill, and I was willing to make the most of them; for they took me along with them in order to hold their horses.
Court . You say they call'd him James Holt; did he answer to that name?
Bailey. Yes .
Pris. Coun. The casks might hold French wine, might not they?
Bailey. They might, for what I know.
Q. Might there not be gunpowder in the casks?
Bailey . There might , for what I know.
Q. Do you know Yarmouth in Norfolk?
Bailey . Yes; I lived there.
Q. How far is that from Benacre ?
Bailey. Nine miles .
Q. Did you ever see Holt there?
Bailey . Yes.
Q. What was he doing?
Bailey. He was walking in the market, and some-body said, there is the parish-clerk of Benacre .
Q. Did you hear Holt say they were going for tea and brandy?
Q. Did they say where the cutter came from?
Bailey. They said from Flushing .
Q. Was this in Holt's hearing?
Q. Did they tell you what was in the cutter?
Co. for the Crown. Do you know Holt?
Brandson. Yes; I was the man that apprehended him the 8th of November.
Q. Was he parish-clerk of Benacre then?
Q. What time was this?
Brandson. Last November. After divine service was over, I went to him, and took hold of him, and said he was my prisoner, and took him to Samuel Cullington 's, the Walnut-tree at Benacre ; and about an hour, or more, after I was there, William Denny Fox came there; and there were several to his assistance, and Fox demanded Holt of me.
Q. Had he any arms?
Brandson. I did not see any; and he said, if I took Holt, I should keep his family; and I said, those that brought him to destruction, should keep them: and there was a man came there with firearms , who was a rider to Fox.
Q. What, a smuggler's rider?
Brandson . 'Tis a title they give themselves to ride for to sell goods. There was a fellow levelled a blunderbuss at me, and I stepped into Cullington's house at Benacre , and there was one Goodwin there ; and I asked him whether he would stand by me; and he said, he would die with me; and Fox and the other run away. I had a design to take Holt behind me, and carry him to Leostoff , where I had some acquaintance, but we went to Kessingland, to the house of Charles Welch , and kept my prisoner till near 12 o'clock. I had a dread upon me that they would come to rescue Holt, for I heard they were upon the road; and I said I would get a horse, and get him out upon the road, and carry him to Leostoff.
Q. What time was this?
Brandson . About 11 at night; and the smugglers came up to the house about 11 o'clock at night .
Q. How many were there of them?
Brandson. About twelve; they spoke to Holt, but I did not hear him speak to them.
Q. Did you know any of them?
Brandson. I knew one Leader.
Q. Did you know him by his voice, or by his person?
Brandson. By both.
Q. When Welch's house was so beset, what did you do then?
Brandson. I intended to go to the back-side of the house to get fire-arms, that I might be a match for them, for I would have parted with my life rather than have parted with Holt. They fired into the house afterwards, and they killed two horses.
Q. What is the man that keeps the house?
Brandson. He is a carpenter. They got a crowiron, and knock'd the horses on the head. One died directly, and the other died the next day.
Q. Who were with you?
Q. Do you remember whether any body came there?
Q. What was the reason of that?
Goodwin. Because he had told me I was saucy to the smugglers.
Q. Do you know any thing of one that was called Fox's rider?
Goodwin. Yes; and he had a brace of pistols, and a carbine.
Q. How long did he stay?
Goodwin . He stayed but a very little while, and went out of the room with several armed men; and Mr. Brandson said to me, will you stand by me? And I said yes, I would die with him. And about 12 o'clock there came a number of persons to the door in a disorderly manner [ Charles Welch 's at Kessingland .]
Q. How many might there be of them?
Goodwin. There might be about a dozen. I had one Burkitt, and one Swanzey with me; and the smugglers threatened me, if I spoke another word, what they would do.
Q. Did they fire?
Goodwin . Yes.
Q. Did they fire all at once, or at different times?
Goodwin. At different times.
Q. Do you think such a fire could be made by less than 3 people?
Charles Welch . I keep the house at Kessingland where Mr. Brandson and Mr. Goodwin were at 8 at night, and Holt was there as a prisoner. I heard some horses come up, and my wife and I were afraid; for there was a firing at the windows, and there were two children lying in the room that they fired into. They fired one piece, and then said, D - n your b - d resign your prisoner.
Q. Do you know whether any of the prisoners fired?
Welch . No.
Q. Do you know Jefferys?
Leader. Yes. [He pointed to each of the prisoners, and mentioned their names.]
Q. Was you in company with any of them the 8th of November last?
Q. Give an account of what you know, that was done then.
Q. Who was there?
Q. Did their number increase?
Leader. Not till they came to the King's-head at Kessingland .
Q. Did you go with them?
Q. Before you came to the King's-head at Kessingland , had this company any arms?
Q. What arms were there?
Leader. Four brace of pistols, four carbines, a cutlass , and two long guns.
Q. What horses did he bid you bring?
Leader . Three, besides the bay-cropt horse.
Q. What did you do with the arms?
Q. Were any arms delivered to Jefferys?
Q. Did Salmon come after the firing, or was he there then?
Leader. He was there in company at the firing into the house.
Q. Had he fire-arms then?
Leader. I did not see that he had any then. William Denny Fox sent four of us away before, and he said, Mount, all of you; go away, and fire at them; there was Jefferys, Smith, Christopher Fox , and myself, there; and old John North said, Fire all: and he said, D - n you, Holt, bring the rogues out.
Q. What rogues did he mean?
Leader. The king's officers.
Q. What time did they leave off firing?
Leader. About one o'clock.
Q. So the siege lasted about an hour?
Leader. Yes; and then they took Holt away in the middle of them, and carried him to Benacre Walnut-tree .
Q. Who was at the Walnut-tree when you came back?
Pris. Co. Who delivered these arms to you?
Q. Who delivered the arms out afterwards?
Leader. No, I don't know him?
Q. Had you never any conversation with him?
Leader . No.
Co. for the Crown. Do you remember Leader's coming there?
Q. What did he do with them?
Cullington. He delivered them to the other people, as they came in.
Q. For what purpose?
Q. With respect to this Holt's being rescued from the King's officers.
Q. Did you hear him say so?
Q. How many were there of them?
Cullington. I can't tell the particular number; there might be ten or a dozen.
Cullington. Yes, he stay'd all the time they were gone, and when they came back they brought Holt with them, and then Denny Fox mounted his horse and rode off with the smugglers arm'd.
Cullington. I don't know.
Q. Was Salmon at your house?
Cullington . I did not see him with any arms at all.
Q. to Leader. Did you see Salmon before the firing, or after?
Leader. Soon after the firing was over.
Q. Did you see no body come to him?
Simmonds . No.
Q. Were you in a room by yourselves?
Simmonds . Yes.
Q. You say you stay'd with him 'till twelve o'clock at night; how far do you live off him?
Simmonds . About three miles.
Q. Was you in the room with him all the time?
Simmonds . I was with him from two 'till twelve, and was not a quarter of an hour from him all the time.
Q. What room did you see him in?
Simmonds. In his father's kitchen.
Q. Do you sell any tea?
Q. What! a grocer, and sell no tea?
Salmon. No, nor will sell any?
Q. Did you see Jefferys the 8th of November?
Salmon . I was at Jefferys's father's house all the afternoon from two o'clock 'till twelve at night.
Q. Who was there?
Salmon. The prisoner's sisters.
Q. Who was there besides?
Salmon . My wife was.
Q. Has Jefferys a father living?
Q. Did they all stay with you all the afternoon?
Salmon. The prisoner did, but his sisters and my wife went out.
Q. How many rooms are there on a floor?
Salmon. Three; there's a kitchen, a bed-chamber and a parlour.
Mr. - . The prisoner Jefferys came to my house on the eighth of November about six in the evening: he had a brace of pistols to my knowledge; I don't know who deliver'd them to him.
Q. How many sisters has he?
Salmon. There are four sisters and a brother-in-law.
Q. Were they backwards and forwards all the day?
Salmon . Yes.
Q. Where was you on the eight of November last?
Salmon . I was with my husband at Jefferys's father's house, from one o'clock in the afternoon 'till twelve at Night.
Q. Was not he out all the day?
Salmon . No.
Q. How came you to remember it?
Salmon . Because there was a narration about a riot the next day.
Q. When was this riot?
Salmon . On the Sunday night.
Q. What time did you go to bed?
Moore. At twelve o'clock.
Q. How came you to lie there all night?
Moore. Because I had a young child with me, and did not care to go home so late.
Q. How came you to remember the day?
Moore. Because I heard there was a talk of a riot next day.
More. He came a little after me.
Q. Did you go to bed, do you think, so soon as twelve o'clock?
Moore. I believe about twelve.
Q. Did you go to bed before or after him?
Moore. After him.
Q. Did you see him go to bed?
Q. Where did you lie?
Moore. In the same room along with him.
Co. for the Crown. Do you know that man Carr?
Leader . I never saw him in my life before?
Pris. Co. to Carr. How long have you known Leader.
Carr. About twelve days last Tuesday evening I had occasion to go to the other end of the town, and went to the White Hart in Rosemery-lane , and I had eighteen-penny worth of punch: Leader came in and sat at the other end of the table; and I said, My lad will you drink a glass of punch; and I ask'd his partner that was with him; I was going away, and went to pay for the punch, and he said I should not go 'till he had his in.
Q. What are you?
Carr. I belong to a private ship of war: I was a lieutenant of marines; and another man came in and they began to be very merry; and he said he hoped he should have a good dinner on Thursday or Friday; I ask'd him whether he belonged to the Sea, he said no; and he said he had got four men in Newgate, and he was to swear their lives away: I ask'd him whether he knew them, he said he knew some of them, and some he did not know , he said he had been shown them twice, and he should be shown them twice more; and I said, if you know the men you do well to do this, for the service of your king and country; and he said afterwards in farther conversation, that he did not do it for the good of his king and country, but only for the sake of a reward.
Q. What regiment did you belong to?
Q. Where do you live?
Carr . I live next door to the Blackmoor's Head in Clare-market.
Q. Did he tell you the names of those persons that he was to swear against?
Carr. He said there was one Fox, one Jefferys, and one Salmon.
Co. for the Crown. Do you know Mr. Kelly?
Carr. Yes, I have known him these two years.
Q. When did you see Leader last?
Carr. The day before yesterday.
Q. When was you last in company with Mr. Carr. I believe I have neither eat nor drank with him within a week or a month, and I don't know that I have been in company with him these three months.
[There was a person said he knew him a great while in the Guards.]
Q. Are you an Englishman!
Carr. No, Sir.
Q. What are you, an Irishman ?
Co. for the Cro. Was not you surpriz'd at a man giving you such an account as this, and at the first time of his acquaintance too?
Carr. Yes I was, and he said he was to have 800 l. and he said he would give some of the money to his father, and buy an estate with the rest; and he said he had 50 l. owing to him now by the government; he said he had seen Fox, and he was a little man.
Mr. Noake . Last Thursday night I happened to be at the White Hart in Rosemary-lane.
Q. Where was you born?
Noake. I was born in London.
Q. Who were there?
Noake. One Fox, one Griffith and one Solomon, and I think Mr. Carr was there, and Leader said he was to have six or eight hundred pounds, but I cannot tell which, and he said he was to swear against some people; that he had been shown them twice, and that he should be shown them twice more.
Q. Did you ever see Leader before?
Noake . I have seen him before there, for I used to pass away a little time with a shipmate of mine in playing at skittles, and he forced his discourse to me and ask'd me what I was; and I said I was a barber and perriwigmaker, but I had belonged to the sea; and he ask'd me whether I would undertake a thing.
Q. What was it that he wanted you to undertake?
Noake. He said it was to swear against some persons; I said I would not do it; and he said you fool 'tis no harm at all; I have some people in Newgate only swear for me, and I will give you five guineas in hand, and a promissory bond for 20 l. more.
Q. What was he to give you the 20 l. for?
Noake. For swearing against these people if they were convicted, and he would have sent me to Newgate to see them in order to convict them.
Q. Did you see Carr before this?
Noake. I never saw him in my life before.
Q. Did you tell Mr. Carr of it?
Q. What did Mr. Carr say?
Co. for. Cro. Where do you live?
Noake. In Litchfield-street Soho; I am a journeyman barber.
Q. What is your master's name?
Q. Don't you think this was a bad thing, to persuade you to take a false oath?
Noake. Yes, to be sure.
Q. Why did not you take him up?
Noake. Because I did not know so much then.
Co. for Cro. I think you are an officer of the customs.
Ranwick . Yes, Sir, I am a riding officer.
Q. Do you know of any confession that was made by Mr. Jefferys, with respect to this rescue?
Ranwick . Mr. Jefferys the prisoner confessed it to Mr. Brandson and I.
Pris. Co. Was it reduced into writing?
Ranwick . We put it into writing. He said he would confess who were there, and hop'd he should be an evidence for the king. And he own'd that he was at the rescue of Holt, and gave us an account of the names of several persons who were present, which I have here; and he bid me put his own name down first.
Fox and Salmon Acquitted , Jefferys Guilty , Death .