Edward Brook, John Carbald, Royal Offences > tax offences, 11th September 1751.

Reference Number: t17510911-47
Offence: Royal Offences > tax offences
Verdict: Guilty
Punishment: Death

520, 521. (M.) Edward Brook , otherwise Brooks , and John Carbald , otherwise Cabbolt, otherwise Cabolt , were indicted, for that they, together with John Cunningham , and others, to the number of twenty persons, and upwards, being armed with fire arms, and other offensive weapons, were aiding and assisting in the landing, and running uncustom goods, and goods liable to pay duty, which had not been paid nor secured , Mar. 2, 1747 . ++.

Samuel Salmon . I was in company with the two prisoners, in the beginning of February, 1747, at Thwaite in Suffolk, at the house of Edward Carbald , brother to John, at the Buck's Head. We assembled there, in order to leave money in the hands of one George Potter , for a crop of goods, and Potter went to see for a man to get the goods over. The two prisoners were there then.

Q. What goods?

Salmon. Tea and brandy to be brought from Flushing. Potter was one of the head of the company.

Q. Did you leave your money?

Salmon. I left mine; I know not what the prisoners left. I was ordered to come there again in ten days time, which I did.

Q. Were the prisoners there then?

Salmon. No, they were not. At this time I was told by one of the company, a west countryman, when to come for the goods, which was February the 23d. I went on the 23d, and lay there all night; and the two prisoners came on the 24th before night. There were assembled at the Buck's Head between thirty and forty, all armed with one thing or another.

Q. Were the two prisoners armed?

Salmon, They were both armed, each of them had a carbine flung across his shoulders. We went away the 24th, in the evening. Four of our men were first ordered down to Felextow, which is about thrity miles from Thwaite, in order to wait the cutter's coming in, and to take care of the goods; the rest of us went to a place called Cleydon, within four miles of Ipswich. There we staid till the first of March; the prisoners were with us. Being out of money, I was obliged to go home for some that day, When I came to Cleydon, the company were gone back again to Thwaite, to wait there, upon which I went directly to Felixtow; and going along, I happened to overtake a man, one of the company, who was going to inform them the cutter was come in. This was on the first of March, and the goods were just then put on shore. We rode the goods up three or four fields from shore, being afraid of a custom-house smack, that had seized the cutter. We found she was seized about midnight, and we were afraid she would put her boat on shore, and find the goods. There were fifteen hundred weight of goods left on board the cutter, when she was seized, but one boat load was brought on shore the next morning. The main body of smugglers came down to us in the fields; the two prisoners were amongst them, armed, and they loaded their tea on their horses. We rode away all in a body to Claydon, sixteen miles from Felixtow, where we stopped at a publick house, on our horses, to refresh ourselves. At that time Stephen Pettit was down there, in order to make his escape over to Flushing; he was not a smuggler, but had murdered one of the bailiffs at Ipswich that very day, and was apprehended in the fields there. It snowed very hard in the morning; we were very cold, and sent him up for a bottle of gin, and he was apprehended. He rode with a carbine, and the officers knew him. I remember also Henry Trotten lost a horse, he died there that second of March. The goods were ready sacked, they were in oil skin bags.

Cross-Examined.

Q. What money did you send ?

Salmon. I sent eight pounds, fourteen shillings.

Q. How long is this ago?

Salmon. It was three years ago last March.

Q. Did you ever carry money before on such an occasion to Potter?

Salmon. Yes I have, but not since.

Q. Was it a clear day?

Salmon. We could not see a great distance at sea.

Q. Which lay nearest the shore, the cutter or the custom-house smack?

Salmon. The cutter, but she was but a very little distance from the smack.

Jonas Larrett . I remember meeting them in the year 47, at Edward Carbold 's, at the Buck's Head, brother to the prisoner, in the beginning of February, and it is three years ago as last February. Master sent me with a sum of money, his name was John Sougate . I rode for him, when he carried on that trade. I paid the money into George Potter 's hands, he was to send it over along with the other money, for a hundred and half of tea, and some brandy, from Flushing in Zealand. I asked when I must come for the goods, I was told I must come about a fortnight after, and then they could tell me; then the prisoners were there. I went the second time, and I was told to come about four or five days after. I went at the time, and staid at the Buck's Head; the night following the two prisoners came, and the rest of the gang. We went as far as Cleydon.

Q. Were the prisoners armed?

Larrett. They were, each with a brass carbine. We staid at Cleydon three or four days; there were soldiers in the country, and we thought it not safe to stay there, so some went back to Carbold's house, at the Buck's Head, and some to other places; some to the prisoner Brook's house, for he keeps a publick house, to wait the cutter's coming in. When we had an account the cutter was come in, we rode down very hard to a place called Felixtow; then the prisoners were also with us, armed. We met some persons before we came to the beach, who told us Captain Martin had seized the cutter, with some of the cargoe; the rest of the goods was secured in a field. We went there and loaded, and the prisoners had each of them a share. It was a bitter snowy day, and the prisoners had great coats on, buttoned over their carbines.

Q. What did you load with?

Larrett. Mine was tea, packed up in oil-skin bags; we having no brandy, at that time, on shore.

Q. Did you see the prisoners load their horses?

Larrett. I did both of them. Then we went in a body to Cleydon; we staid there and refreshed ourselves a little while upon our horses, and some of our company went to the sign of the Greyhound, and beat the man there, thinking he gave information concerning the cutter's coming, &c.

Q. Do you remember any one of your gang had a horse died at that time?

Larrett. Harry Trottman had a horse died then in a stable. There was also a man taken off from one of our horses, and I was told he was in our company, when we went down.

Cross-Examined.

Q. Do you know one Sharp?

Larrett. Yes, I do.

Q. Do you remember you ever told him you did not know the prisoners at the bar?

Larrett. I remember he was very inquisitive (he is a man from Ipswich, and I never saw him before) as we were coming by sea together up to London; he asked me whether I knew the prisoners, and what was my business, &c. but I thought not proper to answer him; he then asked me, whether I knew John Baker ; I told him I did; then he asked me about fire-arms, but I suspected him, and would not say that I knew the others.

Jacob Pring . I was at Edward Carbold 's in 1747. the beginning of February, in order to send for some tea to Holland, to run it, without paying duty; I did not send for any liquor; my money was paid in Holland before; there were a great many at Carbold's then, in order to send for goods along with me.

Q. Do you know the prisoners?

Pring. I know them well; they were both there at that time, and have been there several times after this. I set out for Kent, and staid but one night, and in about a week after I met the company at Cleydon in Suffolk; this was about the 25th or 26th of February 1747; we concluded no-body should ride without arms, and the prisoners were then both armed. Carbold had a remarkable brass carbine slung under his great coat; Ned Brook had a brace of pistols, but I cannot be positive he had a carbine. I was at the Faulcon at Cleydon, and staid there till the 1st of March; then we went farther up into the country, and the greatest part of us went to Edward Carbold 's, at the Buck's head; we were

doubtful whether we should be apprehended by the soldiers, for we went there and round the neighbourhood; there were near 30 men, and I believe 50 horses. We staid there till about one or two o'clock, till news came that the cutter was come in; then we all got our arms and horses, in order to bring the goods away; John Carbold was armed with a brass carbine slung under his coat. We went to Felixtow, and got there about nine o'clock the next morning, and found part of the goods carried up into a field or two from the beach; it was tea in oil-skin bags to the best of my memory, between 20 and 30 hundred weight, which was left, and the cutter was taken with the rest. When I came there, I found the man we sent over was apprehended going over, and had thrown my orders away; so I had no goods there, but staid in a friendly way to help them to load. Carbold had a hundred weight to his share: I believe Brook was there, but I can't remember to be certain. When we were landed, we returned to Cleydon, and were told the reason of losing the cutter was, that one Hallwood had been to a Justice of the peace at Ipswich, and had given an account that we were at Cleydon looking out, which was the reason the Custom-house vessel went out, which enraged us against him; he keeps the Greyhound, and some of the company went and beat him, sure enough, for it. Robert Trottman had a horse died that time at Cleydon, and Harry Trottman , his brother, rode him; I also remember one Steven Pettit was taken that very morning; if we had worked the goods safe, he was to have went to Holland, to secure himself, he having murdered a man; he was taken by the sea beach, and afterwards hang'd.

Q. How is the method of carrying a carbine slung ?

Pring. They commonly carry the butt end at their breast, but they can carry it as they please. I have known Carbold, the prisoner, to have been concerned several times since in smuggling.

Robert Trottman . I lived in Wiltshire, and was at Thwaite, at Edward Carbold 's house, the beginning of February 1747, in order to send for a crop of goods. I paid my money into the hands of one Mr. Trottman, a common brewer, at Ipswich; we did not all pay our money into the hands of one man. I staid at Thwaite about a month.

Q. Were the prisoners there?

Trottman. They were. I went down to Felixtow, in order to wait for the vessel, and staid there three or four days. I went there the 1st of March, which was the day the cutter arrived; we then carried the goods from the beach (it was all tea) into the fields, for fear of a seizure. We saw the Custom-house vessel at a distance, who took some tea as it was coming in the boat to shore. There were about four of us to assist in carrying the goods up into the fields.

Q. What time did the rest of the company arrive?

Trottman. They arrived about ten o'clock the next morning, and landed the goods on their horses, and rode away.

Q. Did the two prisoners come in the morning?

Trottman. They did, and were both armed with blunderbusses, or carbines, slung across their shoulders; I was not in the field when they carried the goods from thence, but I overtook them on the road afterwards; it was packed in sacks.

Q. What sort of sacks?

Trottman. They were made of hemp, but wider than common sacks.

Q. Which way did they go?

Trottman. They went to Edward Carbold 's; we stopped and drank at Cleyton.

Q. Had you a brother there?

Trottman. I had, and his name is Harry; his horse died at Cleyton.

Q. Did you know Thomas Hallwood ?

Trottman. No, I did not.

Q. Did you hear of a man being beat at Cleyton?

Trottman. No, I did not.

Q. Do you remember there was a man taken that morning?

Trottman. Yes, there was, for murder, but I don't know his name.

Thomas Hallwood . I know the prisoners; I was a publican at Cleydon, at the sign of the Faulcon, the 2d of March 1747, on which day I saw the prisoners; they were both armed with blunderbusses and pistols, and to the best of my knowledge there were between 30 and 40 in company; they called at the Crown, and drank there: the landlord or landlady there told them, I had made an information against them, and six or eight of them came over-against my house, some of whom came in, and knocked me down in my own house, and left me for dead. I saw the prisoners just before, over-right my door: they were not off their horses.

Q. Are you sure that the prisoners had blunderbusses?

Hallwood. I don't know blunderbusses from carbines.

Q. Were their horses loaded?

Hallwood. They were all loaded; but I cannot tell with what goods. I had seen them thus loaded many a time. Mr. Nodes came the next day, to see if I was dead or alive.

Q. Are you a custom-house officer?

Hallwood. No, Sir, I am not; neither was I ever amongst the smugglers in my days.

John Sougate . One Jonas Larrett lived with me in the year 47. I have been concerned in the smuggling trade. I sent Larrett down to Edward Carbold 's house with a little money, but I cannot tell justly how much, to send over to Holland, to buy some tea and brandy: he return'd, and told me he had left my money with one George Potter , and about a fortnight after he was to go again. I sent him; then he return'd, and to ld me he was to go again in two or three days.

John Nodes . I remember Pettit being apprehended at Felixtow, for killing one of the town serjeants at Ipswich. I am one of the supervisors of his Majesty's customs there. On the second of March, 47, as I returned from my survey, I saw one John Wallin , who told me he had taken Stephen Pettit . I saw him after he was committed that day; for he was taken on suspicion of being a smuggler, being armed with a blunderbuss; but when he was brought before Mr. Sparrow, he was found to be the man who murder'd Keys. At this time I was thoughtful that some goods might be brought into that country, so I went to Hallwood's, who I heard had been beaten by smugglers. I got there about nine o' clock in the morning, on the third of March, but he was not up. I saw him shortly after; his head was bound up, and he appeared as if he had been very much abused.

Brook's Defence.

I was not at that place where I am charged to be, and I desire they may be all asked on their oaths again, whether I was there or not.

Carbold's Defence.

I leave it to the mercy of the Court. I am not guilty.

Q. to Salmon. Was Brook there at the beach?

Salmon. My Lord, he was.

Q. to Larrett. Was Brook there?

Larrett. He was; and rode a mare with white feet, and a white face, and a sort of a strawberry colour.

Tring. I saw Brook at Cleydon, but I did not see him at working the goods.

Q. to Trottman. Was Brook at the beach?

Trottman. He was.

Both Guilty , Death .


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