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[Page 4]
The same questions which it appears were intended to have been put by Judge Advocate Atkins in the Court assembld on January 25 are put by the present Court to the Witnesses Griffin, Campbell, Campbell Junr, Palmer & Glen (compare No. 2 of the appendix with their respective evidences). But the evidence of Oakes the Constable being recorded in a more summary way, it does not clearly appear from its substance whether this was adherd to in his case. And it is remarkable that Mr. Harris who was Naval Officer when the stills were imported & for a considerable time afterwards & whose testimony it was intended to make use of in the Court of Jany 25 (see Appendix No. 2) is not at all examined by this Court. Tho' I think his evidence (which I believe would have been honestly given) would probably have explaind how it happend that contrary to the Governor's express order that every part of the stills should be put into the public stores, the boilers got into the possession of the Prisoner, & whether it was not for the purpose of employing them of goods they were said to contain & under the conditions of their being deliverd up on being so emptied.
If the legality of the Summons & Warrant be admitted, all the charges appear to be clearly provd as the Court do not require the Prisoner to enter on his defence it can only be gatherd from his examination of the Witnesses in behalf of the prosecution.
This defence against part 1st of Charge 1st rests on the Stills not having been clandestinely imported, but enterd at the Custom House of London & appearing in the Ships papers. Of