This is my hand and seal upon it; I transmitted it by post to his grace the duke of Newcastle.
It is read in court.
The purport of it was against Thomas Collingham the elder, of Houlton near Holsworth, and Thomas Collingham the younger, John Carbald , otherwise Giffling Jack, John Carbald otherwise Cockeye, Thomas Catchpool , John Pawling , and others, to the number of 30, and upwards, on the coast of Suffolk, on Feb - were assembled at Benacre, in the county of Suffolk, with fire-arms, and other offensive weapons, in order to the landing and running uncustomed goods; and that he did run about 30 hundred weight of tea, and a large quantity of brandy and wine.
I Samuel Kellet, one of his majesty's justices of the peace for the county of Suffolk, do hereby command, under my hand and seal, this information of John Leader , taken upon oath before me, and return'd it to his grace the duke of Newcastle, one of his majesty's principal secretaries of state, against Thomas Collingham , and the several persons therein mention'd, &c.
Mr. Sharp The duke of Newcastle laid this information of John Leader before privy council, on the 22d of March, 1747. I receiv'd directions to issue out an order of council, requiring all the persons nam'd in the inform to surrender themselves within 40 days after the publication of it, to the chief justice of the king's bench, or some other of his majesty's justices of the peace. This order was issued ; I sent one to the printer cl the Gazette, to be printed the two next succeeding Gazettes; and likewise I sent another order to Mr. Lamb Bury, the high-sheriff of the county of Suffolk.
Mr. Owen. I am the printer of the Gazette. This is an order of council I receiv'd of Mr. Sharp,
(Holding one in his hand.)
Q. to Mr. Sharp. Look at the order.
Mr. Sharp. This is the same order of council that was made in consequence of that information mention'd.
Mr. Owen. I publish'd it in the two succeeding Gazettes I receiv'd it the Gazette-day, of the 22d of March, 1747, and it was put in that day, and the next Gazette day after.
(The Gazettes read, and compar'd with the written order)
Mr. Sharp. I transmitted one also by a messenger, Mr. Parker, in order to be proclaim'd.
Thomas Parker . I receiv'd a packet from Mr. Sharp directed to Mr. Lamb Bury, the high-sheriff of Suffolk. I carried it to his house, and deliver'd it to him the 25th of March 1748, in the same condition I receiv'd it.
Mr. Crowfoot. I was under-sheriff for the county of Suffolk in the year 1748.
(He produces the order of council.)
Robert Swetman . I was clerk to Mr. Crowfoot. I examin'd the orders, and found them true on Saturday the 26th of March 1748. I went to Beccles in Suffolk, being market-day, and between the hours of 12 and 1, I proclaim'd the order there, and fix'd a copy of it upon the cross; and on the Thursday following I went to Southwould, and betwixt the hours of 10 and 11, I proclaim'd it there, and fix'd a copy of it up there in the market place; these two towns are in the county of Suffolk.
Q. Was this of any trade?
Branston. I never knew he was of any,
Branston. I never knew any but the father and son.
Q. How long have you known that place?
Branston. I have known it 30 years.
Thomas Knight . I know the prisoner; there are no more of the name than father and son in that country. I had some conversation with him before he was taken ; he and two more came to me, they said there were determin'd to leave the practice they were in; they desir'd me to speak to a gentleman to know if there were any farms to be had in Scotland, they wanted to go there, and settle in the farming way, and leave off smuggling.
Q. How long is this ago, it is about 2 years ago, they said they intended not to stay here; for, if they were taken, it would he had for them.
For the Prisoner.
Q. How old is that cousin?
Q. Where does his father live?
Q. How far is Brown's house from where the prisoner liv'd?
Q. When people talk'd about your master and the prisoner, how did they name them to distinguish them?
Q. Are you any relation to the prisoner ?
The jury found the issues for the king .