|
THE “HAPPY-GO-LUCKY” AFFAIR
The
following is taken verbatim from The Times of London newspaper for
Friday the 9th of May 1786. It appears on page three. Whitehall
April 29th 1786. Whereas
it has been humbly represented to the King, that in the morning of the 4th
April 1786, the “Hawke” and “Larke” Revenue luggers stationed at
the Port of Falmouth, fell in with [in Mounts Bay on the coast of
Cornwall] the Happy-Go-Lucky, a smugglers shallop belonging to Cawsand
and commanded by Thomas Welland. When the said shallop, feloniously
fired into the “Hawke”, whereupon an engagement ensued, which lasted
a considerable time; but the smugglers, finding themselves overpowered
by the revenue vessels and their commander killed and several others
killed and wounded, thought fit to surrender; and being taken possession
of, were afterwards committed to Pendennis Castle, from whence, they
having knocked down the sergeant and some of the sentinels, they made
their escape between 7 and 8 o’clock in the evening of the 9th
instant. His
Majesty for the better security and bringing to justice the persons
concerned in the atrocities outrage and felony, is hereby pleased to
promise his most gracious pardon to anyone of the said offenders who
shall discover his accomplice or accomplices so that any two or more of
them may be apprehended and convicted
SYDNEY And
as a further encouragement the Commissioners of His Majesty’s Customs
do hereby offer a reward of ONE HUNDRED POUNDS to any person who will
discover any one or more of the said offenders [whose names and
descriptions are under mentioned] to be paid by the Receiver General of
the Customs on Conviction. Dated
at the Custom House, London, 28th April 1786.
By order of the Commisioners
W STILES : SECRETARY
0-0-0-0-0 DESCRIPTIONS
: - JOHN
KELLY alias MARTIN, alias LITTLE JACK: A thickset man, wears his own
short dark hair about 5 feet 2 inches high, 26 years of age and lives at
Cawsand. JOHN
MOORE : A thick set man, short dark hair, brazen complextion, about 5
feet 6 inches high, 21 years of age and usually resides at Cawsand. FRANCIS
WEBB, alias SCOTTS FRANK : a very stout man light hair tied, has very
thick lips and a cut on the upper one. Has a scar on the back of his
right hand; is about 5 feet 10 inches high and 26 years of age. WILLIAM
STONE, alias QUIN : a very
stout man black complexion, fat face, with a large flat nose like a
mulatto, lives in Guernsey, an Irishman, black hair tied , about 5 feet
10 inches tall, 24 years of age. JAMES
HOY : an Irishman, short dark hair, lives in Guernsey. When he speaks
shows his teeth very much. About 5 feet 6 inches high; 24 years of age. BENJAMIN
AVERY : a thick set man, short brown hair, belongs to Cawsand; about 5
feet 5 inches high 25 years of age. JOHN
THORNE : a thick set man, black hair tied, dark complexion; an Irishman
5 feet 8 inches high, about 30 years of age. WALTER
CROSS : a well made man. Marked with the smallpox; deep brown hair tied;
was second mate and boatswain of the shallop; about 5 feet 10 inches
high, 28 years of age and belongs to Mevagissy in Cornwall. JOHN
HAMILTON : a thick set man; short light hair – an Irishman, married in
Guernsey; about 5 feet 6 inches high and 27 years of age. JOHN
SPILLOR : a tall man slight legs, stout badly marked with the smallpox,
short brown hair, belongs to St Germans, usually resides at Wrinkle
[Port Wrinkle], about 5 feet 10 inches high and 23 years of age. BENJAMIN
GREEN, alias JOHN FEATON : a stout well made man marked with the
smallpox; a scar in his left arm near the elbow; brown hair tied; an
Irishman about 5 feet 10 inches high; 26 years of age. WILLIAM
BALL : a stout man, short hair born in Mevagissy, married in Wales,
lived at Tenby; about 5 feet 7 inches high.28 years of age. WILL
THE FIDDLER : much marked with the smallpox; short light hair, born at
Sunderland or Shields, about 5 feet 5 inches high; 25 years of age. JAMES
alias THE DOCTOR : was a servant to the captain; has a mole on his
cheek, with hair on it, thin man about 5 feet 6 inches high, 28 years of
age. JAMES
RILEY : a well made man;
short brown hair, no marks except smallpox. Born in Ireland, about 5
feet 8 inches high; 28 years of age. STEPHEN
McBRIDE : a short swarthy man, short black hair, about 5 feet 5 inches
high, 25 years of age. The
following were WOUNDED IN THE ACTION but were nevertheless carried off
by the rest of the gang. Vis JOHN
DONOVAN : a stout tall man, wears his own light hair; has a scar in his
neck, the tip of his left ear
shot off in the action; is about 5 feet 10 inches high 28 years
of age, and belongs to Wexford in Ireland. GEORGE
LETHERIDGE: a thin made man, short brown hair, curls much; speaks very
slow; wounded in his left thigh;
is about 5 feet 5 inches high; 27 years of age; belongs to Cadgwith,
Cornwall. JOHN
WILLIAMS : a thin boney man, straight brown short hair; belongs to St
Austell, about 5 feet 9 inches high; 27 years of age, AND WAS SHOT IN
THE THIGH.. JOHN CAMERON: a short thick man, short black hair; belongs to Newcastle; 5 feet 7 inches high, 33 years of age. WOUNDED IN THE SIDE. JAMES
DILLON : a stout well made
man; short light hair; marked with the smallpox, born in Ireland; about
5 feet 10 inches high, 28 years of age. ROBERT
MASTERTON : a short thick set well made man. Very swarthy much marked
with the smallpox. 5 feet 6 inches high; 28 years of age. SHOT THROUGH
THIGH. WILLIAM
WILLIAMS alias “WICKED WILL” : a thick set young man, sandy hair,
marked a little with the smallpox; 5 feet 7 inches high, 28 years of
age. WOUNDED IN RIGHT LEG, SHOULDER, GROIN AND THUMB. THOMAS
BLAIR : an Irishman, black tied hair; marked with smallpox; very long
red nose; about 5 feet 10 inches high; about 30 years of age and SHOT
THROUGH THE RIGHT KNEE. JAMES
JAMERSON alias MURPHY : an Irishman dark complexion, a slight man short
brown hair; is about 5 feet 10 inches high; 24 years of age and SHOT IN
THE BREAST. THOMAS
BRYAN : an Irishman, dark complexion; black tied hair, married in
Guernsey; is about 5 feet 8 inches high; 28 years of age and was SHOT IN
THE LEFT THIGH. JAMES
BALL: belongs to Fowey, marked with the smallpox; blusters much, talks
course; is about 5 feet 8 inches high; SHOT THROUGH THE BACKSIDE AND
DOWN THE THIGH. 0-0-0-0-0 The
Arrest of John Martin of Cawsand The
following is taken verbatim from The Times of London newspaper for
Monday 10th July 1786. It appears on page three. “On
Friday a man by the name of John Martin was committed to Newgate,
charged with wilful murder, He was one of the crew on board the
“Happy-go-Lucky” smuggler. Which after a desperate resistance was
taken off the lizard by Capt. Douglas of the “Hawke” revenue cutter
and made his escape with others from Pendennis Castle, Cornwall, and for
the taking of whom a reward of Ł100 was for long advertised in this
paper by His Majesty’s Commissioners of Customs. 0-0-0-0-0
The
Trial of John Martin of Cawsand The
following is taken verbatim from The Times of London newspaper
for Monday July 24th, 1786, Old
Bailey. John
Martin was indicted for maliciously and feloniously shooting at Edward
Williams, an officer of his majesty’s customs, commanding the Hawke
lugger, in the service of the customs, within the limits of the port of
Penzance, in Great Britain, on the 4th of April 1786, in
attempting to board the Happy-go-Lucky, a lugger in which last mentioned
lugger the said John Martin then was contrary to the statutes etc. There
were several other counts. Previous
to the prisoner being put to the bar Mr, Attorney General intimated a
desire that he should not be tried by the same jury who had tried Grey*;
but the prisoner’s counsel strenuously objected to changing the Jury,
as the prisoner had been arrained before them, and had approved of them,
when called to make his challenges. The Judge gave no decided opinion,
but seemed to think it was a matter for the discretion of the court. Mr.
Attorney General, however, thought proper to wave his objections.
The Attorney General opened the case, by observing upon the
necessity of forming laws to prevent smuggling, which had arisen to such
an enormous pitch, and was so prejudicial to the revenues of the
kingdom, and the trade of the fair dealer, that Government were obliged
to have recourse to severity for the preservation of both. He observed
to the Jury, that in point of law it would not be indispensably
essential to prove that the prisoner had actually fired; for that every
person giving countenance to the transaction were equally guilty with
those who actually fired. Mr Attorney General then called his witness: John
Douglas said, he was first mate of the Hawke revenue cutter. On the 4th
of April, at five in the morning, he was off the Lizard in company with
the Lark revenue cutter; saw the Happy-go-Lucky lying under Mullin
Island, at anchor, and about two miles from the shore. The Hawke hoisted
revenue colours; the Happy-go-Lucky cut her cable and made sail. The
Hawke made sail, stood to the westward, and gave chase. The Hawke came
up with the Happy-go-Lucky before seven o-clock; the Hawke carries
fourteen sixteen pounders. They hailed her to bring too; she paid no
regard to them. They fired two muskets; She paid no regard to the
firing. They came up within pistol shot; saw her guns all pointed aft
and ready for a broadside. An action immediately commenced but he could
not say which vessel fired first. It lasted for about an hour, when the
Lark cutter came up; ran between them; fired a broadside into the
Happy-go-Lucky, upon which she struck, and the revenue cutters sent each
a boat onboard. He was positive the prisoner was on board. There was all
kinds of ammunition, and the captain and mate were killed. John
Foote and Francis Watty deposed, that the Lark fired two muskets shots
which were returned. When they came up with the smuggler, he was
preparing to fight every man at his quarters, they fought above an hour. -----------
Cotton, King’s evidence, said he was one of the crew of the
Happy-go-Lucky, which consisted of thirty three hands. The Captain
ordered the cable to be cut, and everything to be got ready to receive
the cutter. There was no passengers on board. The prisoner was one of
the crew. The Captain had a brace of pistols and a cutlass and
threatened that if any man struck he would blow his brains out. He is
convinced the Captain would have done so. When he first came on board,
the guns and ammunition were hid under sails. He had been two trips with
goods; never saw the guns till they were ordered up. The prisoner called
no witnesses, and the Judge having summed up the evidence, and stated
the clauses of the act, observed, that the Jury were to decide whether
the facts alledged in the indictment were proved? He observed that as
the counsel for the prisoner had intimated there was no actual malice
proved, it was his duty to tell them, that in the eye of the law,
constructive malice was sufficient; that is, where the intent was to
commit the offence prohibited, though no actual malice appeared against
any particular person or persons. The
foreman of the jury observed upon what had fallen from Mr. Attorney
General at the opening of the trial. And defended the conduct of the
Jury; in the present case, he said it appeared that the crew submitted
the instance their captain was killed, and although they had still
ammunition onboard. After three minutes consideration they brought in their verdict – Not Guilty. * In the previous case the Jury found “Grey” not guilty of rescuing several casks of Brandy and Geneva from His Majesty’s Customs at Portsmouth whilst being armed with offensive weapons. 0-0-0-0-0-0
|
