Robert Hoggard.
11th September 1754
Reference Numbert17540911-40

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453. (M.) Robert Hoggard , otherwise Hogger , was indicted for not surrendering himself according to the king's order in council .

George Davey . I drew up this information, which is the information of Samuel Salmon , July 9, 1751. I went with Salmon to make it before Justice Fielding. He was there sworn, and subscribed his name; after that the justice put his name to the bottom of the certificate. He sealed and delivered it to me. I carried it on the 10th to the Duke of Newcastle's office at Whitehall, and left it with Mr. Jones, one of the under secretaries, who proposed to deliver it that evening or the next morning to the Duke.

The Information read.

The contents were: That the prisoner and eight other persons, whose names were mentioned. in company with others to the number of 30, and upwards, were unlawfully assembled, being armed with fire arms and other offensive weapons, at Horsham in the county of Norfolk, on the 8th of February 1746. in order to be aiding and assisting in landing and running uncustomed goods, &c.

Q. Did you see Mr. Fielding sign and seal the certificate ?

Davey. I did.

The Certificate read.

Wherein is certified by Henry Fielding , esq; to the Duke of Newcastle, the taking of the information, &c. dated the same day.

Mr. Sharp. I had the honour of attending his Majesty at Kensington on the 12th of July, 1751, and the Duke of Newcastle, who was then one of his Majesty's principal secretaries of state, delivered this information to his Majesty in council. I received the commands of his Majesty's council to issue an order of council, requiring all the persons informed against in that information, I think nine in number, to require them to surrender themselves within forty days after the publication of that order in the London Gazette, to either of the chief justices or others of his Majesty's justices of the peace; which order I did issue. He produced the order, dated July 12, 1751, signed William Sharp , clerk.

It is read in court.

Mr. Sharp. I sent one of the orders to the printer of the London Gazette, to be printed in the two succeeding Gazettes, I likewise sent another, word for word the same, by Mr. Thompson, one of the King's messengers, to Mr. Robert Knopwood , the high sheriff for the county of Norfolk on the 13th, for him to proclaim it according to the act of Parliament, and to order a true copy of it to be fixed up at the 2 market towns where proclaimed, upon some publick place.

Edward Owen . I am printer of the London Gazette, I received instructions from Mr. Sharp, with this order, to print the order in the two next Gazettes, which was accordingly printed on the 13th and 16th of July, 1751; both read from the printed Gazette, and compar'd with the original; the contents were desiring the nine persons mentioned, the prisoner being one of the number, to surrender themselves within the space of forty days, &c.

Mr. Thompson. Mr. Sharp delivered this order to me on the 13th of July, 1751, and I carried it to Mr. Robert Knopwood , high sheriff of Norfolk, and delivered it to him on Monday the 15th of July, and he gave me a receipt for it. Producing one.

Thomas Day . Mr. Knopwood was high sheriff in July, 1751, for the county of Norfolk, and I was under sheriff. I received from him this order in July, 1751, with directions to proclaim it, I don't remember the exact day, but I believe it was on the Wednesday after he had received it. (He is since dead. ) I order'd two copies to be made, and carefully examined them with James Coddingham my clerk, and gave him directions to go with the original order, and likewise these two copies, and proclaim the order at North Walsham and Great Yarmouth, the two nearest market-towns to Horsey in the county.

James Coddingham . I was clerk to Mr. Day in the year 1751, I received this order from him, and made two copies, and examined them with him, and on Thursday the 25th of July I went and proclaimed it at North Walsham, being market-day. I read it at the publick cross aloud about twelve o'clock, and in about ten or twelve minutes after I nail'd up a true copy to the cross. I went to Great Yarmouth on the next Saturday, and read it there about eleven o'clock in the publick market place, after that I put the other copy upon a post.

Thomas Kimmings . I know Horsey, it is in Norfolk, the two nearest market towns to it are North Walsham and Great Yarmouth.

Samuel Salmon . I gave information before Justice Henry Fielding against the prisoner and others for a fact committed on the 8th of Feb. 1746, of smugling at Horsey.

He is shewed the information.

Salmon. This is it, here is my name which I put to it.

Prisoner's defence.

I did not know any thing of it till after the forty days were over, then I was forced to go farther, had I came home time enough I should have surrendered; I never carried fire-arms in my life.

The jury found the issues for the King Death .

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