Offence: Royal Offences > tax offences
Verdict: Not Guilty; Guilty
+ 516. Peter Goldsmith alias Mr. Peter, alias Peter Morley , late of Yelverton in the county of Norfolk , labourer , were indicted, for that they together with divers other malefactors, disturbers of the peace of our sovereign lord the King, to wit. to the number of forty persons or upwards, whose names are unknown, after the 24th day of July, in the nineteenth year of his majesty's reign, to wit, on the 10th day of March in the year 1746 , at Horsey, in the county of Norfolk , did with fire arms and other offensive weapons, riotously, unlawfully, and feloniously assemble themselves together, in order to be aiding and assisting in running, landing, and carrying away uncustomed goods, and goods liable to pay duties, which had not been paid or secured , in defiance and contempt of the King, and his laws, to the evil example of all others, against the peace of the King, his crown, and dignity, and against the form of the statute in that case made and provided.
The counsel for the crown having opened the indictment and the case, proceeded to examine their witnesses .
Coun. for the Crown . Do you know the prisoners at the bar?
Bailey . Yes.
Q. What are their names?
Q. Did you see them arm'd on the 11th of March?
Q. What were they doing?
Bailey. They were aiding and assisting in running goods.
Q. Where was Chapman on the 10th of March?
Bailey. At Horsey in the county of Norfolk; and I saw Goldsmith there on the 11th of March; Chapman had a piece, and asked me whether that was not a defensive weapon, and as I am not a person that understands fire arms, I told him, I could not tell; and on the 11th of March, when the cutter came up, Chapman, called for his arms, and rode out of the horse yard of Mr. Pierce's house. I don't know the name of his arms.
Q. Where did Chapman go?
Bailey. He went down to Horsey Beach .
Q. Where did you go afterwards?
Bailey . I was used in the most cruel manner that could be.
Q. Did not you conceal yourself from the gang ?
Bailey . I could not conceal myself there.
Q. Was Goldsmith there?
Bailey . Yes, he had two pistols before him
Q. Was he on horseback?
Q. What number of people were assembled together?
Bailey. Upwards of 40.
Q. Were they all armed?
Bailey. I believe they were all armed.
Q. Were most of them armed?
Bailey. They were most of them armed with fire arms; and a boat came on shore from the cutter, and one of them said, d - n you, this is mine, and another said, d - n you, this is mine.
Q. What goods did you see?
Bailey. I did not see any goods, but I knew the package, and took them to be tea and brandy.
Q. What quantity might be in a bag?
Bailey. About 26, 27, or 28l. weight.
Q. Did you see Chapman or the boat come on shore?
Bailey . No; they were all loaden then, and they would have had me gone down to the beach, and have held their horses; and when they came from the beach, they march'd like an army of soldiers with the goods along with them.
Prisoner's Counsel on the cross examination.
Bailey. I am an assistant to an officer of the Customs in London; I kept a coffee house at Yarmouth ,
Q. I desire to know what you went down to Horsey for?
Bailey. I went down to see Mr. Manning, a friend of mine, and I was very ill used before I got to Manning's house.
Q. When you went down to the beach, did you see Mr. Morley there?
Bailey. Goldsmith and Morely is the same person.
Q. What sort of a man is he?
Bailey. He is as jolly a man as I am.
Pris. Co. You are a very jolly man.
Bailey. So I am, for all I am very thin.
Q. Was Morley in the front, or the middle of them, or where?
Bailey. He went down with the rest to load.
Q. You are speaking of the first part of it.
Bailey. No I am speaking of the latter part, when they all went down to load.
Q. What sort of a horse was he upon?
Bailey. I did not mind the horses, I minded the men. I do not know whether it was a horse, or a mare.
Q. What coloured coat had he on?
Bailey. He had a light coloured coat.
Q. Now I would ask you, upon your oath, whether you did not declare before a Justice of the peace, that you saw Morley on Tower Hill?
Bailey. I don't know that I was on Tower Hill. I did not see him before I went to justice Burdus.
Q. What Justice did you go to then?
Bailey. A Justice that lives in the Minories near Tower Hill.
Q. What is his name?
Bailey. I believe it was Justice Ricards.
Q. How came you to declare to this court, that he was riding with fire arms before him? How can you be positive to the fact of his riding with fire arms, when you said before the Justice that he had none?
Bailey. I can give you a reason; there was a great number of people about the yard, that I was afraid to declare that; I did not know but I might have been knocked on the head.
Q. How long was it between the time of the fact being committed, and your giving information of it before Justice Burdus?
Bailey. I believe it was a year.
Q. I ask you whether you never declared that you had nothing to lay to Morley's charge? I ask you whether you never declared that you never saw Morley at Horsey?
Bailey. No; I know he was there; and I said I had nothing to lay to his charge about the assault.
Q. I ask you whether you did not declare that Morley was not there?
Bailey. I believe I said that I was not certain whether he had fire arms or not.
Pris. 2d Coun. On the 11th of March, where did you see Morley first?
Bailey. He was going down to the Beach.
Q. Do you know where he came from?
Bailey. I can't tell.
Q. Can you tell whether he came out of the same house the other smugglers did?
Bailey. I did not see him then.
Q. Did not you declare a year ago that he had no fire arms?
Bailey. I have given you my reason why I said so at Justice Ricards's, for I was afraid of being surrounded.
Q. Did not you tell the Justice that?
Bailey. I did not.
Q. Why did not you?
Bailey. I had not presence of mind.
Coun. for the Cr. When you was before Mr. Ricards , did you recollect that he had any holsters?
Bailey. I said positively he had holsters, but I don't know whether he had pistols or not.
Q. What are you Mr. Ryan?
Ryan. I am a farmer.
Q. Was you on the 10th of March 1746 at Horsey ?
Ryan. Yes; I live there.
Q. Did you see either of the prisoners there then?
Q. Was he armed then?
Ryan. I saw him with a hanger under his coat.
Q. Did you see Goldsmith there?
Ryan. I did not.
Q. Was you on the Beach the 11th of March?
Q. How far was you from it?
Ryan. Not within a quarter of a mile.
Q. Was there any number of people there?
Ryan. There was a great number of people; I believe about 80.
Q. Could you see whether they had any arms or not?
Ryan. I could not.
Ryan. Yes; but their horses were at the beach.
Q. Did you see them take any goods out of a cutter ?
Ryan . I did not see any goods taken out .
Q. What time was this?
Ryan . It was between twelve and one o'clock .
Q. Did you see either of those people the tenth or eleventh of March?
Ryan. I saw Chapman there both the 10th and 11th, but I never saw Goldsmith there either on the 10th or 11th.
Q. Do you know Chapman?
Ryan . I have known him these 20 years; I have known him from a child.
Q. Is he so bad that he cannot pull the trigger of a pistol?
Ryan . I cannot say that.
Coun. for the Cro. If the Gentlemen, who are for the prisoner, should endeavour to influence the Jury upon this account, we can prove that the very foundation of it is false .
Co for the Cro . What are you?
Bailey . I am an officer at Winterton .
Q. Was you at Horsey Beach on the 11th of March ?
Kimmings. No .
Q. Did he tell you who he saw there at that time ?
Q. Did he say what they were doing of?
Kimmings. He said they were loading their goods, and their arms lay upon the Beach.
Q. Did he say what arms they had?
Kimmings . He said they were all arm'd, and I saw they were armed when they went over the common.
Kimmings. I was not within half a mile of 'em, I was not near enough to distinguish any one of them .
Pris. Co. Do you know the prisoner?
Q. Where does the prisoner live?
Woolno. At Yelverton .
Q. How far is that distant from Norfolk ?
Woolno. I can't tell , I never heard.
Q. What business is Goldsmith?
Woolno. He is a little farmer.
Q. Is he a man of a good state of health, or is he not?
Woolno. He is ill sometimes; he has a lameness upon him, and has had ever since I have known him, it is something of the palsy .
Q. I would beg leave to ask you as to the 11th of March, 1746 . do you remember seeing Goldsmith that day, and where ?
Woolno. Yes; I saw him at his own house.
Q. About what time did you see him?
Woolno. I saw him at his own house, from six o'clock in the morning till seven or eight at night.
Q. What at different times?
Woolno. Yes, at different times.
Q. What was you doing for him?
Woolno. I was loading a mould cart.
Q. Because Mr. Bailey has sworn he saw him that day on Horsey beach ?
Q. Was you there every hour of the day?
Woolno . Almost every hour.
Q. Did you see him at twelve o'clock?
Woolno. I saw him between eleven and one.
Q. When did you see him again?
Woolno. About seven o'clock at night.
Q. How came you to remember the day so particularly?
Woolno. Because he had a hog shot that day.
Council for the Crown. Do you live there now?
Q. Did you make any memorandum of the eleventh of march in a book?
Woolno. No, I did not; another person had a sow shot that day.
Q. Did you go to visit this person every hour?
Woolno. I do not say that.
Q. You say you saw him from eleven to one; are you sure as to that time?
Woolno. Yes; because we dined together on that day.
Q. Did you use to dine with him?
Q. How far was you to carry this mould?
Woolno. Not above twenty yards off.
Q. Council for the Crown. What day of the week was this eleventh of march.
Woolno. It was on a Wednesday.
Q. When was the hog shot?
Q. When the hog was killed, did Goldsmith come to tell you the hog was killed?
Q. Did he bid you mark the day?
Q. Did he ever tell you about being an evidence?
Q. How long was it after this time, that that man was charged with this smuggling?
Woolno. I cannot tell.
Q. Was it within twelve months?
Woolno. Yes; it was.
Q. Was it within ten months?
Woolno. I believe it might.
Q. Had you any conversation with your master afterwards about this?
Woolno. I never talked with him about this afterwards.
Q. I should be glad to know when you was first called upon to be an evidence for Mr. Goldsmith?
Woolno. About half a year ago or more.
Q. Who first called upon you to be an evidence for Mr. Goldsmith?
Woolno. It was Mr. Morley himself.
Q. How came you to be so exact about the time?
Woolno. Upon account of the hog.
Pris. Coun. Do you know Morley?
Holmes. Yes; very well, that is he.
Q. What are you, a husbandman, or a labourer?
Holmes. A labourer.
Q. Did you ever work with Woolno?
Holmes. I never worked with him but one day, and that was filling a mould cart, and my Mrs. Neale sent me with her team to Mr. Goldsmith's.
Q. What time did you go there?
Holmes. About six o'clock in the morning.
Q. Did you see Morley that day?
Holmes. He sat at table with us, and dined with us.
Q. Do you remember what day this was?
Holmes. It was the eleventh of March.
Q. What March.
Holmes. March was twelve month.
Q. What do you know the day by?
Holmes. Only by the swine being shot.
Q. And how long was you there?
Holmes. I was there from morning till night.
Council for the Crown. Do you keep an account of these things so particularly, that if a hog, a horse, a cow, or a bull is killed, you make a memorandum of it?
Q. Did Goldsmith direct you to remember any particular day?
Q. And did you dine there that day?
Q. And do you remember that day particularly, on the account of your dining there?
Holmes. Yes; and because my Mistress gave me a shilling for my day's work.
Q. What day of the week was this?
Holmes. It was on a Tuesday.
Q. Are you sure of that?
Holmes. No; it was on a Wednesday.
Q. How long is the eleventh of March before the twenty-sixth?
Holmes. I cannot tell.
Q. Do you know what the present day of the month is?
Holmes. I do not know.
Q. What month are we in now?
Holmes. I do not know the name of the month.
Q. I think the account you have given in this cause, is almost as remarkable as the death of the sow.
[Woolno called again.]
Council for the Crown. What day of the month is this?
Woolno. I cannot tell.
Q. Do you know what month it is?
Mr. Ellis. I am a farmer, I rented a farm of 40 l. a year at that time.
Q. Do you remember where you was on the eleventh of March, 1746?
Ellis. I was at Mr. Morley's , helping to fill a cart.
Q. Was you all day at Mr. Morley's, or only a part of the day?
Ellis. I was there all day.
Q. Did you see him seldom, or often that day?
Ellis. I saw him very often that day, and dined with him about twelve or one o'clock.
Q. How came you to remember it?
Ellis. Because I had a sow killed that day by one Hubbard.
Q. How far is Yelverton from Horsey ?
Ellis. It may be twenty or twenty-five miles.
Q. What day of the week was this?
Ellis. It was on a Wednesday.
Council for the Crown. Have you had any conversation with any body about this thing?
Q. Was it within this fortnight?
Ellis . I believe it may.
Q. Who were there?
Ellis . There were several, Mr. Woolno was one.
Q. Was Mr. Kelly with you upon this Conversation ?
Ellis . I do not know whether he was or not.
Q. You must answer the questions directly , do not give such shuffling answers as these .
Q. Have you seen Mr. Kelly within this fortnight ?
Ellis. Yes ; I have seen him within this fortnight.
Q. Did he ever tell you any thing about the eleventh of March?
Ellis. He never did, and Mr. Kelly never told me what day it was.
Q. Can you read?
Ellis . I can neither read nor write .
Q. Who told you this was on the eleventh of March ?
Ellis . I asked what day of the month the sow was killed , and I was told it was on the eleventh of March .
Q. What was it the month before October?
Ellis . I cannot tell.
Q. What was last month?
Ellis . I cannot tell.
Q. What is the next month?
Ellis . I cannot tell the name of the month.
Q. Now I would ask you a question, and I desire you would give yourself a good deal of time to answer this question; recollect your past life for three or four years together, and tell me whether you can remember any one particular day besides this?
Ellis. No; I cannot tell, because I do not take particular notice of every thing; I never had such an accident before .
John Brown, Attorney . The prisoner applied to me for advice, and I advised him to come to London. On the eighteenth of April the prisoner was advertised in the Gazettee, in order to his surrendering himself according to the act of parliament, and I advised him to go down to Norwich, and surrender , and he took my advice, and did go down; and he did surrender himself to one Mr. Brooks , a Justice of the peace for the city of Norwich , and I went with him to surrender himself, and set it down the same day, and the justice would not commit him.
Q. Why would he not commit him?
Brown. Because he would have been admitted to bail upon his surrendering, and the Justice would not admit him to bail; Mr. Morley did apply to me about bringing an action against this Hubbard, for killing his hog, but I advised him to let it alone.
Q. Was this before, or after his surrendering?
Brown. It was before his surrendering, and he mentioned the eleventh of March, as the day the hog was killed on.
Q. When you was talking with him about the hog, did he say he was at Horsey or not?
Brown . He said he was not there.
Q. Did he say where he was?
Brown . He said he was at home.
Goldsmith Acquitted , Chapman guilty Death .