CHAPTER XVIII

BY SEA AND LAND

Having now seen the evolution of the smuggling methods from brute

force and superiority of ships and crews to the point where the

landing of dutiable goods became a fine art, and having been able to

obtain an idea of the manifold changes which occurred in the

administration of the Preventive service between the years 1674 and

1856, we may now resume our narrative of the interesting encounters

which occurred between the smugglers on the one hand and the

Preventive force on the other. Up to the year 1822 we have dealt with

the different incidents which used to go on around our coast, and we

shall now be in a position to appreciate to their full the notable

exploits of cruisers and smugglers in that late period between the

years 1822 and 1856. This covers the epoch when improved architecture

in regard to the craft employed, greater vigilance on the part of the

cruisers, and a keener artfulness in the smugglers themselves were at

work. Consequently some of these contests represent the best incidents

in the whole history of smuggling.

But it was not always that the Revenue cruisers and Preventive boats

were in the right. There were occasions when the commanders suffered

from too much zeal, though certainly these were quite exceptional.

There is the case of the _Drencher_ which well illustrates this. She

was a Dutch vessel which had been on her voyage to Italy, and was now

returning home up the English Channel with a cargo of oil, bound for

Amsterdam. Being somewhat square and ample of form, with the

characteristic bluff bows much beloved by her countrymen, and being

also very foul on her bottom through long voyaging, she was only a

dull sailer.[23] And such being the case, when she fell in with head

winds her skipper and part-owner, Peter Crook, decided to let go

anchor under Dungeness, where many a sailing craft then, as to-day,

has taken shelter in similar circumstances.

Whilst she was at anchor waiting for a favourable slant, one of the

numerous fishing-boats which are always to be seen hereabouts came

alongside the _Drencher_[24] and asked the skipper if he required any

assistance. Crook replied that if the wind was still ahead, and he was

compelled to remain there till the next day, he would want some fuel

for his stove. The fisherman sold some of his catch to the Dutchman,

and then went on his way.

But soon after this a boat in the Preventive service, commanded by a

Mr. MacTavish, a midshipman, came alongside and boarded the

_Drencher_. The midshipman inquired what the Dutchman had had to do

with the fishing-boat, and Crook answered that he had done nothing

except to purchase some fish. But this did not satisfy Mr. MacTavish,

who proceeded now to examine what was on board. Of course he found

some casks of spirits, and asked Crook how they came to be there, to

which Crook answered that they had been found floating in a former

voyage and he had picked them up. This looked doubtful, but it was

quite probable, for often the weights of stones from sunken tubs broke

adrift and the tubs floated up to the surface. Especially was this the

case after bad weather.

We can well understand the midshipman's suspicions, and need not be

surprised to learn that he felt justified in seizing the ship because

of these tubs found on board. He had the anchor broken out, the sails

hoisted, and took her first into Dover, and afterwards from Dover to

Ramsgate, where most of her cargo was unloaded. But after a time she

was ordered to be released and allowed to proceed to Holland, and

later still her skipper brought an action against MacTavish for

having been wrongfully detained for thirty days, for which demurrage

he claimed four guineas a day, besides damage to her cable and other

things, amounting in all to £208.

The reader will recollect that in another chapter we saw a couple of

sailing craft dodging about suspiciously in West Bay, one of which

began to fire signals to the other in order to warn her of the

Preventive boat: and we saw that the crew of three men in the

offending craft were arrested and found guilty. One of these men, it

will be remembered, was John Bartlett, who had at one time been a boy

on a Revenue cutter. From the incident which led to his arrest in 1819

let us pass to the 14th of September 1823. The scene is again West

Bay, and the old passion is still strong in Bartlett notwithstanding

his sentence. A little to the west of Bridport (Dorset) is Seatown,

and just beyond that comes Golden Cape. On the night of the above date

one of the Seatown Revenue officers about 1 A.M. noticed flashes

coming from the cliff between Seatown and Golden Cape. He proceeded to

the cliff, which at high-water runs straight up out of the sea. It was

a dark night with no moon, a little breeze, and only slight surf on

the shore--ideal conditions for any craft bent on smuggling.

On the cliff the officer, named Joseph Davey, espied a man. He hailed

him, thinking it was some one else, and asked him if he were Joey

Foss. "Yes," came back the answer, but when the officer seized him he

discovered it was not Foss but the notorious John Bartlett. Up came

another Revenue man named Thomas Nines to assist Davey, but in a few

minutes Bartlett gave a loud whistle, whereupon Nines looked out

seaward and exclaimed, "There's a boat."

"I sees him," answered Davey as the craft was approaching the shore.

By this time, also, there were ten or twelve men coming towards the

officers, and Bartlett managed to run down to the shore, shouting

"Keep off!" "Keep off!" as loudly as he could. The officers ran too,

but the boat turned round and put off to sea again. In the course of a

few minutes there rose up a large fire on the cliff, about a hundred

yards from where the officers were. It was another signal of warning

to the boat. For Bartlett, having got away from the officers, had

doubtless lit this, since it flared up near to where he was seen to

run. The officers remained on the coast until daylight, and then

launching their boat rowed a little way from the shore, and found a

new buoy moored just by the spot where the lugger had been observed to

turn round when hailed and warned. It was clear, on examination, that

the buoy had not been in the water many hours, and after "creeping"

along the sea bottom hereabouts they brought up sixty kegs, which were

also quite new, and had evidently only been sunk when Bartlett sung

out his warning. The latter was again arrested, and found guilty when

subsequently tried. So again Bartlett had to retire from smuggling.

It happened only a few weeks before this incident that a seaman named

Willis was on shore with his officer. Willis belonged to H.M.S.

_Severn_, which was moored off Dover for the prevention of smuggling.

The officer was a naval midshipman named Hope, stationed ashore.

Whilst on their duty they began to notice a man, whose name was

William Clarke, near Chalk Fall, carrying a basket of nets and fishing

lines. For a time both Willis and Hope took shelter under the Chalk

Cliff as it was raining, but presently Willis separated from his

officer to go to his appointed station. It occurred to him that Clarke

appeared to be unnecessarily stout, and he was sure that he was trying

to smuggle something. Willis went up to him and said he intended to

search him, to which Clarke replied, "Certainly." He admitted he had

some liquor there, but he hoped Willis would take no notice of it. The

seaman insisted that he must take notice, for if it turned out to be

foreign spirits he must seize it: whereupon Clarke flung down a couple

of half-crowns and asked him to say nothing about it.

Willis again protested that he must see what the man had beneath his

gabardine. But at this Clarke took a knife from his pocket and cut a

large bladder which he had under his clothes, containing half a

gallon of spirits, and a spirituous liquor poured out on to the

ground. Willis put his finger to it and found that it was foreign

brandy. But the amusing legal aspect of this incident was that this

foreign liquor could not be seized, nor could the man be prosecuted

for having it, and it could not be condemned. But Clarke had indeed

destroyed that which he had so early brought safely home. This was

just one instance of the good work which the Coast Blockade was

performing, Willis and other seamen being landed every night from

H.M.S. _Severn_ to act as guard at different points along the coast.

In the annals of smugglers and cruisers there are few more notable

incidents than that which occurred on the 13th of January 1823, in the

English Channel. On this day the Revenue cutter _Badger_ was cruising

off the French coast under the command of Lieutenant Henry Nazer, R.N.

He was an officer of the Excise, but the cutter at that time was in

the service of the Customs, her station being from the South Foreland

to Dungeness. About 7.30 A.M. the officer of the watch came below and

told him something, whereupon Nazar hurried on deck and observed a

suspicious sail on the starboard tack, the wind being E.S.E. The

_Badger_ was at that time about nine or ten miles off the French

coast, somewhere abreast of Etaples, and about six or seven leagues

from the English shore. The craft which was seen was, to use the

lieutenant's own language, "a cutter yawl-rigged," which I understand

to signify a cutter with a small lug-sail mizzen, as was often found

on smugglers. At any rate, he had every reason to believe that this

was a smuggling craft, and he immediately made sail after her. At that

hour it was just daybreak, and the smuggler was about three or four

miles off--to the eastward--and to windward, but was evidently running

with sheets eased off in a westerly direction.

But when the smuggler saw the _Badger_ was giving chase he also

altered his course. It was a fine, clear, frosty morning, and the

_Badger_ quickly sent up his gaff topsail and began to overhaul the

other, so that by nine o'clock the two vessels were only a mile apart.

The _Badger_ now hoisted his Revenue pendant at the masthead,

consisting of a red field with a regal crown at the upper part next

the mast, and he also hoisted the Revenue ensign (that is to say "a

red Jack with a Union Jack in a canton at the upper corner and a regal

crown in the centre of the red Jack") at his peak. These signals

instantly denoted that the ship was a Revenue cruiser. Lieutenant

Nazar also ordered an unshotted gun to be fired as a further signal

that the smuggler was to heave-to, but the stranger paid no attention

and hoisted no colours. Ten minutes later, as it was perceived that

his signals were disregarded, the _Badger's_ commander ordered a shot

to be fired at her, and this was immediately returned by the smuggler

with one of her stern guns. From this time a running fire was kept up

for nearly three hours, but shortly before midday, whilst the cutter

was still chasing her and holding on the same course as the other, the

_Badger_ came on at such a pace that she ran aboard the smuggler's

starboard quarter whilst both ships were still blazing away at each

other.

The smuggler's crew then cried out for quarter in English. This was

granted by the _Badger's_ commander, who had a boat lowered, but

whilst in the act of so doing the treacherous smuggling craft

recommenced firing. It was a cowardly thing to do, for Reymas, their

own captain, had particularly asked the _Badger's_ commander to

forgive them and overlook what they had done, whilst other members of

the crew cried out to the same effect. This had caused a cessation of

fire for about five minutes, and was only reopened by the smugglers'

treachery. One of the _Badger's_ mariners named William Cullum, was in

consequence shot dead by a musket aimed at him by one of the

smugglers. Cullum was standing by the windlass at the time, and died

instantly.

[Illustration: "The Cruiser's Guns had shot away the Mizzen-Mast."]

The _Badger_, therefore, again began to fire into the other ship, but

in about another five minutes the smuggler again called for quarter,

and this was again granted. The cruiser sent her boat aboard her, and

brought off the smuggler's crew, amounting to twenty-three men, though

two others had been killed in the affray. The _Badger's_ chief mate,

on boarding the smuggler, sent away the latter's crew in their own

boat, and seven of these men were found to be wounded, of whom one

died the following morning. The name of the vessel was seen to be the

_Vree Gebroeders_. She was of 119 tons burthen, and had the previous

day started out from Flushing with a cargo of 42 gallons of brandy,

186 gallons of Geneva--these all being in the 3-1/2 gallon

half-ankers. But there was also a good deal of other cargo, consisting

of 856 bales of tobacco which contained 51,000 lbs., thirteen boxes of

tea, and six bags of sugar. All these goods were made up in

illegal-sized packages and she had nothing on board except what was

contraband. The chests of tea were found all ready slung for landing

with small ropes.

The _Vree Gebroeders_ was provisioned for three months, and was armed

with four carronades, 9-pounders, and two swivel muskets, bayonets,

and other arms of different kinds. Her destination had been for

Ireland. When the chief mate of the _Badger_ boarded her he found that

the cruiser's guns had shot away the mizzen-mast, but the smuggler's

skipper remarked to the chief mate that the spare topmast on deck

would serve for a mizzen and that the square-sail boom would make an

outrigger, and that the trysail would be found below, but so far, he

said, this sail had never been bent. Later on the chief mate found

also the deck-log of the _Vree Gebroeders_, which had been kept on two

slates, and it was a noticeable fact that these were kept in English.

They read thus:--

+-------------------------------+

| N.W. by N. |

| Remarks, Monday 13th. |

| N.W. by W. At 6.30 Ostend |

| Light bore S.E. distant |

| 12 miles. |

| At 4 a.m. Calais Light |

| bore E. by S. |

+-------------------------------+

So when the _Badger_ first sighted this craft the latter had made her

last entry in the log, only three and a half hours before. It was

significant that English charts were also found among the ship's

papers, though her manifest, her certificate, her bill of lading, and

other certificates were all in Dutch. The books found included

Hamilton Moore's _Navigation_, another similar work by Norie, the

_British Channel Pilot_, and _Navigation of the North Seas_. There was

also found a Dutch ensign and a Dutch Jack on board, but there was

even an English Prayer-book.

The prisoners remained on board the _Badger_ until next day, when they

were transferred to H.M.S. _Severn_. The _Vree Gebroeders_ was taken

into Dover, and was valued, together with her cargo, at the handsome

sum of £11,000, which would have been a fine amount of prize money;

but in spite of the clear evidence at the trial, the jury were so

prejudiced in favour of the smugglers that they found the prisoners

not guilty, their contention being that the ship and cargo were wholly

foreign, and that more than half of the crew were foreigners.

It had been an unfortunate affair. Besides the death of Cullum and the

two smugglers killed and the seven smugglers wounded, Lieutenant

Nazer, James Harper, William Poppedwell, Daniel Hannibel, and James

Giles were all wounded on the _Badger_, Nazer being wounded on the

left shoulder by a musket ball. The smuggler's crew had made ludicrous

efforts to pretend they were Dutch. Dutch names were assumed, but

witnesses at the trial were able to assign to them their proper

appellations, and it was significant that the crew spoke English

without a foreign accent. Her commander insisted his name was Reymas,

but his real name was Joseph Wills, and he had been foremost in the

calling for quarter. Another of the crew, who pretended his name was

Jan Schmidt, was found to be an Englishman named John Smith. The

vessel herself had been built by a Kentishman, living at Flushing, the

previous year.

And here is another of those occasions when there was displayed an

excess of zeal, though under the circumstances who would blame the

Preventive officer for what he did? In February of 1824, a man named

Field and his crew of three came out from Rye--that hotbed of

smugglers--and intended to proceed to the well-known trawling ground

about fifteen miles to the S.W. of Rye, abreast of Fairlight, but

about five or six miles out from that shore. Unfortunately it fell

very calm, so that it took them some time to reach the trawling

ground, and even when with the assistance of the tide they did arrive

there, the wind was so scant that it was useless to shoot the trawl in

the water. Naturally, therefore, it was a long time before they had

obtained their cargo of flat fish, and when a little breeze sprang up

they had to get back to Rye, as their provisions had run short.

On their way back, when they were only about four or five miles from

their harbour, they fell in with a small open sailing-boat named the

_Rose_, containing four or five men. Field's bigger craft was hailed

by the _Rose_ and asked to be taken in tow, as they also had run short

of provisions, and were anxious to get back to harbour at once.

Field's boat took one of their crew on board, whilst the rest remained

in the _Rose_ and were towed astern. It was now about four or five in

the morning, and they had not proceeded more than another couple of

miles before they were hailed again, but this time by a boat under the

command of a Preventive officer named Lipscomb, who had been sent by

Lieutenant Gammon, R.N., from the revenue cruiser _Cameleon_. The

cutter's boat bumped alongside Field's craft, which was called the

_Diamond_. After making fast, Lipscomb and his boat's crew jumped

aboard, and announced that they suspected the _Diamond_ was fitted

with concealments, and he wished to examine her. But after rummaging

the ship nothing suspicious was found. Lipscomb then explained that he

had been ordered by Lieutenant Gammon to take the _Diamond_ and to

bring her alongside the _Cameleon_ and then to order Field and his

crew to go aboard the cruiser as prisoners.

This, of course, did not lead to harmony on board. Lipscomb attempted

to seize hold of the tiller, so as to steer the vessel back to

Hastings Roads, where the cruiser was lying. But Field turned to him

and said--

"I don't know about your having the helm. You don't know where the

cutter is any more than I do."

With that, Field pushed the man aside, grasped hold of the tiller, and

shoved it hard up, and bearing away, ran the vessel out seawards. But

after keeping on this course for twenty minutes they fell in with the

_Cameleon_, and the two vessels came near to each other. The cruiser's

commander shouted to Lipscomb, and ordered him to get into the

cruiser's galley, which had been towing astern of the _Diamond_ all

this time, and to row to the cruiser. This was done, and then Lipscomb

received his orders. He was to return to the trawler and seize the

hands and bring them to the _Cameleon_. So the galley returned again

and brought the _Diamond's_ crew as ordered. It was now 7 A.M., and

they were kept as prisoners on the cutter till 9 A.M. the following

day. Lipscomb and his boat's crew of four now took charge of the

_Diamond_, and began to trim sheets, and before long the two craft got

separated.

When Field proceeded on board the _Cameleon_ he took with him his

ship's papers at the lieutenant's orders. He then ventured to ask how

it was that his smack had been detained, to which Gammon replied that

he had received information from the Collector of Customs at Rye.

Field, however, was incredulous. "I rather doubt your word," he said,

whereupon the officer took out of his pocket a letter, doubled the

page down one or two lines, and showed the doubting skipper that it

was as the lieutenant had stated. Gammon then went below and took

Field's papers with him, and there they remained till the following

morning.

The _Cameleon_ went jogging along, and having arrived abreast of

Hastings, Gammon sent one of his crew ashore in the cutter's boat, and

later on fetched him back. The object, no doubt, was to send the

_Diamond's_ papers ashore to be examined as to their veracity, though

nothing was said to Field on the subject. It is clear that the reply

from the authorities came back that the papers were found in order,

and that Field was not known as a smuggler; for after the man who had

been sent ashore returned, the _Cameleon_ made sail, and stood out to

sea for a distance of eighteen miles. She had lost sight of the

_Diamond_ and her prize crew, and it was not till about breakfast time

the following day that the cruiser found the smack again. When at

length the two craft did come together, Lipscomb was called on board

the cruiser and summoned below to Gammon. What exactly the

conversation was never came out, but from subsequent events it is

fairly clear that Gammon asked what opinion Lipscomb had been able to

form of the _Diamond_, and that the latter had to admit she was a

genuine trawler; for soon after, the lieutenant sent the steward for

Field and one of his men to go below. The two men did as they were

ordered.

"Good morning," said the cruiser's commander as they came into the

cabin, "here are your papers, Field."

Field hesitated for a moment; then answered--

"I don't know, sir, as to taking them. I'm not altogether satisfied

about being detained so long. And had I been aboard the smack, and you

had refused to let me have the tiller," he continued, getting angrier

every moment, "I would have shot you as sure as you had been a man."

"You may do as you please," came the commander's cool reply, "about

taking them, but if you do not choose to take them, I shall take you

away to Portsmouth and give you up to the Port Admiral, and let him do

with you as he thinks proper."

Thinking therefore that it were better to be discreet and hold his

tongue, Field took the papers, went up again on deck, collected his

men, went back to his smack, and the incident ended--for the present.

But the Revenue men had clearly made an error this time, and had acted

_ultra vires_. About a year later Field, as a master and part-owner of

the _Diamond_, brought an action against Gammon for assault and

detention, and was awarded a verdict and £5 damages.

It is curious to find what sympathy the smugglers sometimes received

in a section of society where one would hardly have expected this to

exist. There are at least three instances of men of position and

wealth showing their feelings undisguisedly in favour of these lawless

men. There was a Lieut.-Colonel Chichester, who was called upon for

explanations as to his conduct in this respect; there was the case

also of the naval officer commanding H.M. sloop _Pylades_ being

convicted and dismissed the service for protecting smugglers, and,

most interesting of all, was the incident which centred round Sir

William Courtenay.

The facts of this case may be summarised as follows. On Sunday

afternoon, the 17th of February 1833, the Revenue cutter _Lively_ was

cruising at the back of the Goodwins, when about three o'clock she

descried a vessel about five or six miles off which somehow aroused

suspicions. The name of the latter was eventually found to be the

_Admiral Hood_. At this time the sloop was about midway between

England and France, her commander being Lieutenant James Sharnbler,

R.N. The _Admiral Hood_ was a small dandy-rigged fore-and-after, that

is to say, she was a cutter with a small mizzen on which she would set

a lugsail. The _Lively_ gave chase, and gradually began to gain on the

other. When the _Admiral Hood_ was within about a mile of the

_Lively_, the former hauled across the latter, and when she had got

on the _Lively's_ weather-bow the Revenue craft immediately tacked,

whereupon the _Admiral Hood_ put about again and headed for the French

coast. After vainly attempting to cause her to heave-to by the usual

Revenue signals, the _Lively_ was compelled to fire on her, and one

shot was so well placed that it went clean through the dandy's sail,

and thinking that this was quite near enough the _Admiral Hood_

hove-to.

But just prior to this, Lieutenant Sharnbler had ordered an officer

and two men to take spyglasses and watch her. At this time they were

about fifteen or sixteen miles away from the North Foreland. One of

the men looking through his glass observed that the _Admiral Hood_ was

heaving tubs overboard, and it was then that the first musket was

fired for her to heave-to, but as the tubs were still thrown overboard

for the next three-quarters of an hour, the long gun and the muskets

were directed towards her. The two vessels had sailed on parallel

lines for a good hour's chase before the firing began, and the chase

went on till about a quarter to five, the tide at this time ebbing to

the westward and a fine strong sailing breeze. There was no doubt at

all now that she was a smuggler, for one of the _Lively's_ crew

distinctly saw a man standing in the _Admiral Hood's_ hatchway taking

tubs and depositing them on deck, whilst some one else was taking them

from the deck and heaving them overboard, the tubs being painted a

dark green so as to resemble the colour of the waves. As the _Lively_

came ramping on, she found numbers of these tubs in the wake of the

_Admiral Hood_, and lowered a boat to pick them up, and about

twenty-two were found a hundred yards from the smuggler, and the

_Lively_ also threw out a mark-buoy to locate two other tubs which

they passed. And, inasmuch as there was no other vessel within six

miles distance, the _Admiral Hood_ beyond a shadow of doubt was

carrying contraband.

[Illustration: "The _Admiral Hood_ was heaving tubs overboard."]

After the vessel was at length hove-to, she was seized and ultimately

taken into Rochester, and information was duly laid against the

persons who had been engaged in this smuggling adventure. But it is

here that Sir William Courtenay comes into the story. This gentleman,

who had his seat at Powderham Castle, Devon, came forward and swore

positively that the tubs, which the _Lively_ was supposed to have

picked up, had been seen floating off the coast. He himself was

staying on a visit to Canterbury, and on that Sunday afternoon

happened to be sailing about off the Kentish coast, and sighted the

_Lively_ about two o'clock. He kept her in sight, he said, until four

o'clock. He also saw the _Admiral Hood_, and witnessed her being

chased by the _Lively_, but he had seen the tubs for most of the day,

as they had come up with the tide from the westward. With his own

eyes, and not through a spy-glass, he witnessed the _Admiral Hood_

being captured by the cruiser, and followed up this evidence by

remarking that "the tubs I saw picked up did not come out of the _Lord

Hood_. I say so sterling and plump."

This was exactly the reverse of the testimony as given by the crew of

the _Lively_, so it was evident that some one was lying. But to make a

long story short, it was afterwards found that Sir William was not

only _not_ afloat that afternoon, did not see the tubs, did not see

the two crafts, but was miles away from the scene, and at the time of

the chase was in church. He was accordingly brought for trial, found

guilty, and sentenced to be imprisoned for three calendar months, and

after the expiration of this, he was to be "transported to such a

place beyond the seas as his Majesty may direct, for the term of seven

years."

He was convicted on unmistakable testimony of having committed

perjury; in fact, Mr. Justice Parke, in giving judgment at the time,

remarked that it was the clearest evidence in a perjury case that had

ever fallen to his lot to try. As to the motive, it was thought that

it was done solely with a desire to obtain a certain amount of

popularity among the smugglers. Sir William saw that the case would go

against the latter unless some one could give evidence for their side.

Therefore, abusing his own position and standing, he came forward and

perjured himself. It is a curious case, but in the history of crime

there is more than one instance of personal pride and vanity being at

the root of wrong-doing.

FOOTNOTES:

[23] How slow she was may be guessed by the fact that she took seven

hours to go from Dover to the Downs even under the expert handling of

MacTavish's crew.

[24] She was officially described as a dogger.

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