327. (M.) James Holt , otherwise Hoult , was indicted for that he, together with divers other persons to the number of 20, at Horsey in the county of Norfolk , being armed with fire-arms and other offensive weapons, did unlawfully and riotously assemble together in order to be aiding and assisting
Robert Lindow . I lived at Horsey, in the county of Norfolk, at Mr. Royal's, in the year 1746. It was a house frequented by smugglers at that time. I remember, on the 10th of March that year, there were 20 or upwards of them at our house, the chief of them were armed; they staid till 11 at noon, when word was brought that the cutter was come in.
Q. Was the prisoner among them?
Lindow. He was backwards and forwards among them. He quartered at Mrs. Pearse's house, another house where the smugglers resorted to.
Q. Did you know him before that time?
Lindow. I did, my lord ; I went down to the sea side with them and saw the prisoner at the bar coming cross the field from Mrs. Pearse's house; some of them were down before me and some not so soon. They laid down their arms on the beach as usual. There was a boat brought tubs and oilskin bags from a cutter, which were thrown on the shore, and the men loaded their horses with them. The tubs were half anchors of brandy. I went for one for my master, that was brandy. I went away before the rest.
Q. Did you see the prisoner by the sea side ?
Lindow. I did, I saw them go away loaded towards a place called Winterton.
Q. By what particular circumstance do you recollect this to be on the 11th of March.
Lindow. I remember it by Abraham Bayley 's coming; he was a king's officer. The smugglers flung their pieces about one of them in a particular manner, and went to take him; they whipped him and used him cruelly on the 10th, which was the day before.
See No. 631 in Calvert's mayoralty.
John Locket . I have known the prisoner six or seven years. I was servant at Mr. Pearse's at Horsey twelve years. I have seen the prisoner there several times among the smugglers; he came there on the 9th of March 1746 at night, and staid there all the next day. There were 14 or 15 of them at our house armed in general with pieces slung across them. The prisoner had a piece flung when he went away towards the sea, which was on the 11th about 12 o'clock, having an account brought that the cutter was come in; there were others at Royal's house went with them.
Q. How far is Horsey from the sea side?
Locket. It is about half a mile from it.
The distance of time is so long that I can't remember any thing of these men, or tell what to say.
Guilty Death .
See No. 499 in Cokayne's mayoralty.