John Jarney, Samuel Eager, Royal Offences > tax offences, Miscellaneous > other, Miscellaneous > perverting justice, 11th September 1751.

499. John Jarney , otherwise Pawling , was indicted for being assembled with divers others, armed with fire arms, and other offensive weapons, in order to be aiding and assisting in landing and running uncustom goods, &c. Feb. 13, 1746 .*

Acquitted .

He was indicted a second time, by the name of Pawling, for not surrendering himself according to the King's order in council .

This was in the same information with that of of John Carbold , in Sir Samuel Pennan's Mayoralty, Numb. 202, 211, 212, and the same steps taken, &c. *.

The Jury found the issues for the prisoner.

He was a third time indicted, for that he, together with Samuel Eager , otherwise Heager, otherwise Old York , had rescued James Holt , an out-law'd smuggler, out of the hands of a custom-house officer , November 8, 1747 . + .

The witnesses were examined apart.

John Locket , who had lived servant with Mrs. Peirce, at Horsey, where smugglers used to frequent, (but he was clear from any imputation of smuggling) and Robert Lindow , deposed to Holt's being in company with others, to the number of twelve or fourteen, or upwards. He, and most of them, being armed with fire arms, attended a smuggling cutter at the beach near Horsey, and loaded their horses with oil-skin bags of tea, and tubs of brandy, and rode off towards Winterton, March the 11th, 1746.

Benjamin Branson . I was a riding officer in the customs in the year 47, and am now. On the 8th of November, 47, being on a Sunday, at Benacre, at church in the afternoon, there I saw James Holt (he was clerk of the parish) sitting under the desk. I had reason to know him, as he had attempted to take away my life divers times. I sat while service was over. After that I went to the clergyman, and said, I was sorry this thing happened in this place; that this man, the clerk, is charged with a crime that is felony, therefore I think it my duty to apprehend him, having observed he had been out-lawed also in the London Gazette. I took hold on him, and led him out of the Church, and warn'd 2 men, Groble and Elice to my assistance; I took him to Samuel Collington's, at the sign of the Walnut-tree at Benacre ; then I sent to Southwould for several officers to come to my assistance; the messenger met Mr. Goodwin upon the road; he had been my supervisor, he came to me; presently after in

came an honest clergyman and two smugglers, who demanded Holt of me; one of them was William-Denny Fox *, the other I did not well know then, but I do now; the smugglers call him Blind Tom, but his name is Thomas Smith ; and they called for beer and brandy, Fox said to me, I understand you have apprehended Holt. I reply'd, I have. You shall release him then, says he; and I answer'd. I will not. It shall be worse for you, continues he, for you shall help his family; said I, let them help them, who brought him to destruction. The other person was armed with a carbine, a brace of pistols, and a hanger, who said, G - d d - n your blood, I will fire upon you, if you do not release Holt; said I, I do not fear you. I went into the house, where I had a brace of pistols, and Mr. Goodwin had two, who said he would die with me. We then stripped, and went out with our pistols cocked in our hands, in order to fire upon them, if they did not go away; but they rode off. Then I thought it advisable to get Holt farther off, so ordered my assistants to go with me to Kissingland. We went there to Charles Welch 's, at the King's Head, about five o'clock. There was with me Mr. Goodwin, Ellice Garble , and one Spencer, a butcher; by and by there came two women, and talked very boldly. I did not like Garble nor Ellice, I suspected them from what was said, so I discharged them, and took in one Bissel. We were apprehensive the smugglers were assembling at Benacre, we agreed to remove him further. I went out of Welch's house, in order to get a horse, and knowing a by-road, I thought to cheat the smugglers; but I had not been out of the house ten minutes before the gang came. I came with the horse into a narrow lane, but before I got out of it, I saw Old York, the prisoner, whom I knew before, coming up at the head of a gang of armed men. Coming to Welch's house, they were about sixty yards from the house. There was John Lead of Benacre amongst them. Old York had a fire-lock about a yard long. I saw several of them armed, if not all, to the best of my knowledge. There were about eighteen or twenty, and they rode up to Welch's door. I got into a hedge to conceal myself, and letting the horse go, he went straight home. The moon was about full, and being a light night, I saw all their behaviour. There was a single piece fired before a word was spoke, that I heard; then Old York called out, G - d d - n your soul, resign your prisoner. The gang then drew up against the house. After that they had surrounded it, Old York gave no time for me to consult my assistants, but immediately ordered the whole gang to fire; by his directions they continued firing near an hour, and they shot down 169 quarries of glass from the windows; and there happening to be four gentlemen lodged in the house that night, one of them knew Charles Gawn , called the Papist of Beccles, he called out to him, and said, The officer is gone, and we are in great danger of our lives; upon which they left off. Then they broke into a shop, (the man that keeps it is a carpenter) where they found a little iron crow, with which they broke open the house, and released him after which they shot the horses, and broke the doors to pieces.

* See Numb. 56 in Sir William Calvert 's Mayoralty.

John Leader . I was servant to Samuel Fox in 47. There was a report that Branson had got Holt in custody upon the out-lawry; upon which I was sent to Denny Fox 's house for a brass carbine, and two brass pistols, and delivered them to Denny Fox ; then he sent me back again to fetch him four horses; and Thomas Smith , Christopher Fox , and one Jefferys, with myself, he ordered to mount them. We went from Collington's house to the King's Head, and there we staid till the rest came up. There were eighteen or twenty of us in the whole, all armed. York had a brace of pistols, and a carbine; Jermey had the same. We came to Welch's about twelve at night, being bright moon light. York fired first [the rest as the former witness, with this addition.] they threatened to shoot Branson, if they could get him, and that they brought Holt to the Walnut-tree, (Collington's House) there Denny Fox commended them much for what they had done.

Samuel Collington confirm'd what had been said by Branson and Leader, concerning what had passed at the house, both before and at the return of Holt, &c. with this addition: That when they brought Holt back, Jermey was with them armed, but he did not see Old York: That John Leader and the Papist of Beccles was there; and that they were armed in particular.

Eager's Defence.

I was at Hemland, which is about twenty miles off, at that time.

Jermey's Defence.

I was at Toperast, in bed, at that time.

James Holt . I was at Welch's house at this time, in custody of Branston. I was not taken out at the window; neither of the prisoners were there; I never saw them in my life before, 'till I came here, and the people are all dead that rescued me. I can't tell how many there were.

Fra. Doe. I know Eager, for I lived servant with him in the year 1747; in November on a Sunday night, I don't know the day of the month, but I know it was the time that Holt was rescued, I was out, but when I came home, he was in bed with his wife; we had but one pair of stairs up to bed; I knew James Holt , but never saw him at my master's house.

James Carbold . Jermey married my own sister; I have known him 14 years; I was at his house November the 8, 1747, at Topcraft. I live in Essex, 40 miles from thence; I went first to my brother John Carbold 's, at Shotsham, and he went with me to the prisoner's house. I remember this very well, for it was the first time I went to see any body after my time was out: I saw him again the next morning at nine o'clock.

Q. Had your brother any family?

Carbold. He had a maid servant, and her name was Rachael Snell , but she is married now.

Q. What is become of your brother?

Carbold. He is dead.

Q. How did he die?

Carbold. I don't know.

(See No. 49.)

Q. Did you ever see Holt at your brother's house ?

Carbold. I never saw him in my life.

Q. to Collington. How far is it from Kissingland to Topcraft?

Collington. I believe it is about twelve or fourteen miles.

John Barcham . I went to subpoena Rachael Snell , and made strict enquiry after her, but she was not to be found. [He produced a subpoena, dated the 5th of September.

Samuel Wade . I knew Eager in 1747; he is as honest a man as any in the county.

Q. What is his business?

Wade. He buys horses.

Q. Did you never hear he was a smuggler?

Wade. I heard he was a smuggler before he came into Norfolk, but not since.

Q. How can you satisfy your conscience, in saying he is as honest a man as any in the county? and now you own he has bore the character of a smuggler.

Wade. I know him an honest man as far as I have had dealings with him; what I have done for him, he has paid me for, and that I call an honest man.

Q. What are you?

Wade. I am a surgeon.

Q. Where did he live when you heard he was a smuggler?

Wade. He lived then in Norwich.

Q. Don't you know Norwich is in Norfolk?

Wade. Yes, it is, my lord.

David Durant . Eager is a very honest man.

Q. Did you never hear that he was a reputed smuggler?

Durant. Yes, he was some years ago.

Q. How long has he been in your parts?

Durant. About four years, but I have known him but three.

William Neave . I have known Eager three years, and he has the character of an honest man.

Q. Did you never hear that he was a reputed smuggler?

Neave. Some years ago people did talk of such a thing; I don't call him a smuggler now.

William Browning . I have known Jermey ever since we were children; I know nothing of him but that of an industrious fellow; and I never heard he was concerned in smuggling till he was taken.

Both Guilty .

Death .

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