Offence: Royal Offences > tax offences
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443. (M.) Edward Dixon , was indicted for being with others, to the number of twenty and upwards, arm'd with fire arms and other offensive weapons, in order to be aiding and assisting in the running and landing uncustom'd goods, &c .
October 8. 1746 . *
Samuel Salmon. I was at Benacre , in Suffolk , in the year 1746, in order to run a crop of goods: I went the fourth or fifth of October and met the Suffolk company there, there were about twenty of us: I staid there till the seventh, but the cutter did not come in. We went away for Horsey, in Norfolk, and stay'd at a place that evening call'd Walsham: when we were there we received intelligence, towards the morning, that the cutter was come in at Benacre, so we return'd thither on the 8th. The prisoner belong'd to another company, I think they stil'd themselves the Norfolk company, there were near twenty of them, they came to Benacre all arm'd in general, some with blunderbusses, some carbines, some pistols, and some hangers, between nine and ten o'clock, as near as I can guess, the prisoner was arm'd with a blunderbuss. The goods belonging to their company were all landed in William Denys Fox 's barn, there were upwards of thirty hundred weight of tea in oil skin bags, and upwards of a hundred casks of half anchors, which generally hold four or five gallons, the usual casks for running brandy, rum, &c. for the handyness of loading.
Q. Do you know the prisoner?
Salmon. I know him very well, I saw him there with the gang loading the horses.
Q. How many horses were there do you think?
Salmon. There were between fifty and sixty, all loaded, every person knows his own goods, they having a private mark. The prisoner went off arm'd with a blunderbuss, and tea upon his horse.
Thomas Jones . I was at Benacre the 8th of October, 46. I was one of the Suffolk gang, we were there in order to bring away run tea, and brandy. I saw the prisoner there, (he rode four months in the same company that I did,) between eight and nine o'clock in the morning, and saw him load with tea out of Denys Fox 's barn, and arm'd with a blunderbuss slung cross his shoulder; the tea was tied together in two quarter bags made of oil skin. My master had some at that time, I lost my drift horse in going, and my master and I had some words so I left him at that time. There were thirty or forty persons assembled to run goods at that time, and twenty-five or thirty horses.
Q. How many horses had the prisoner?
Jones. He had but one, as I saw, which he rode upon.
Samuel Collington . I have known the prisoner five or six years: I saw him and was with him about the fourth or fifth of October, 46, he came to my house then, I keep a publick house at Benacre. He went from my house to Horsey on the 7th, and when the cutter came in I was sent byJonathan Tipple , to tell them the goods were come in, so he came back with me about eight o'clock in the morning to Benacre. They went down to Denys Fox 's barn, there I saw him load tea in oil-skin bags, and he was arm'd with a blunderbuss when he went off.
Q. Were the company all arm'd?
Jones. There were ten or more arm'd
Q. How do you recollect it was the eighth of October.
Jones. I can give a good account of it, for sometimes there has been reckonings left to pay, and we make memorandums upon these occasions. I have look'd upon some of these memorandums since.
I deny the whole of it.
For the prisoner.
Samuel Clayton . I know the prisoner, he liv'd with me a servant about ten months: I am a butcher , so is he. He came to live with me in June, 46, and lived with me till the latter end of April following.
Q. Where do you live?
Clayton. I live in Hanover-yard, the right name is Hanley-street, in St. Mary-le-bone parish : the prisoner never lay out of my house to my knowledge.
Q. How long have you been a butcher?
Clayton. Ever since I was four years old.
Q. Where have you liv'd in that time?
Clayton. I liv'd in the Borough thirty one years, and I have liv'd where I do now between six and seven years.
Q. When came you first acquainted with the prisoner?
Clayton. My first acquaintance with him was at the Blackamoor's head by Newport-market, in the year 46, about January: he was a very handy fellow.
Q. Had you a maid servant liv'd with you the time he did?
Clayton. Yes, sir, I had.
Q. What is her name?
Q. What is become of her?
Clayton. I don't know, she quitted my service in the year 47.
Q. Have you a wife living?
Clayton. Yes, I have.
Q. Do you always lie at home?
Clayton. I never lay out of my house three nights since I kept shop, which is twenty eight years.
Q. Did the prisoner always lie at home when he lived with you?
Clayton. He never did lie out to my knowledge the time he lived with me. I am always up the last of my family, and take care of my house myself, lock the door and take the key up with me.
Q. Do you always go to see if your servants are in bed?
Clayton. If I don't, when I call them up they get up to do my business.
Q. Could not the prisoner have lain out of your house without your knowldge?
Clayton I am sure he could not.
Q. Do you now continue the custom of carrying the key up with you?
Clayton. I do, and always will, and did long before this servant came to live with me.
Q. What family had you besides a wife and maid at this time?
Clayton. I had a daughter and a son but he left me, and then I hired the prisoner.
James Payce I have known the prisoner five years, I then lived in High-street, St. Giles's: I dealt with Mr. Clayton, a butcher, in Hanover-yard, and the prisoner was the man that frequently brought my meat home. Clayton used to buy tea, and things of me, I know it was about Midsumer 46, I first knew him for that reason. I used to go to Sturbidge fair, and I had bought a parcel of snuff that was not good so I was going to Bristol fair; Mr. Clayton being a merry man I ask'd him to go with me; that fair begins the 25th of this instant, at that time the prisoner liv'd along with him. I went to Sturbridge fair about the fourth of September, coming back again about the 27th, for I went round to Bury and New-market, the prisoner told me he came from Norfolk, so I used to give him a dram and talk with him. I have a small estate in Northampton-shire, and another in Warwick-shire, and I have a little lordship in Buckingham-shire, I went to receive my rents, and would fain have taken the prisoner with me. When I came back, which was in about six weeks time, he was gone from his master.
Q. What business do you follow?
Payce. I did keep a stocking-shop and tea-warehouse, and liv'd in High-street, St. Giles's. I live on my estate now.
Q. How long have you been acquainted with Clayton?
Payce. I have been acquainted with him these nine years.
Q. Would you have paid his expences if he had went with you?
Payce Yes, I would.
Q. Where does this estate of yours lie?
Payce. I hold an estate of 32 l. a year in Astrop-fields : I once paid my Lord chief justice Willis nine guineas, he is lord of the manor.
For the Crown.
John Royals . I have known the prisoner about five years. I remember I saw him the 13th or 14th of Feb. in the year 46, that is the latter end of the year 46. I have seen him at Horsey before then, both in the summer and winter at my house, there I am a farmer. I have been at the Beach with him.
Q. What month in the summer did you see him there?
Royals. I cannot say what month, he was backwards and forwards at my house among the gangs.
Q. What trade is he of?
Royals. He was bound to a butcher.
Q. When does the year begin?
Royals. It begins at Lady-day?
Alice Royals . I live at Horsey in Norfolk, the last witness is my husband. I remember the prisoner being several times at my house in the year 1746. We had a great riot on the 10th of March in the town with one Bailey, who is since dead, and who was used very ill. I saw the prisoner there on the 10th and 11th of March, 1746. I have seen him several times, but cannot say particularly when. I saw him on the 13th of Feb. 1746, with a pretty large company; he was at our house then: and I also remember his coming in the summer before the act took place, which was in June, 1746.
Q. Have you seen him at your house between Michaelmas and the 13th of February?
A. Royals. I rather think I have than I have not. I can be positive of seeing him twice in the year 1746.
John Lacket . I saw the prisoner the 13th of February 1746, at Horsey. I saw him several times at Horsey the same year and other years; and I saw him also there between Michaelmas and the 13th of February, 1746.
Clayton and Payce committed to be tried next sessions for perjury. The prisoner had two other indictments against him for crimes of the like nature; the fact charged to be February 13, the other March 11, both in the 20th year of his present Majesty.