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[Page 5]
Of the 2d part of Charge 1st there is but little notice taken. It appears that the Vessel in which the stills were imported arrivd in the Cove on the 8th of March, which the Storekeepers receipt for the heads & worms is dated April 16th but as the Ship must, in all probability, have been unloaded in a much shorter time every part of the stills must for some time at least have been in the Prisoner's possession, in consequence I suppose of neglect on the part of the Naval Officer Harris, & hence perhaps one reason why his testimony was not calld for on the present trial.
The Prisoner's letter in reply to that of the Naval Officer Campbell requiring the bodies of the stills to be deliverd is plainly evasive.
His defence against the 3d part of Charge 1st depends on the person seizing the stills not being accredited & his acting without a written order. The Speech addressd by the Prisoner to the Bench of Magistrates he contends is justified by the illegality of the seizure.
It appears however that to this non-accredited person the Prisoner offerd to deliver the stills on a receipt being given by the Naval Officer & such receipt being procurd it was objected to as including the heads & worms formerly deliverd (see p. 58) this form of receipt being intended according to the Prisoners statement to produce in the minds of his Majesty's Ministers an effect to his prejudice. But the Naval Officer declares that his only motive in refusing to give a specific receipt for the bodies was his being orderd by the Governor to ship the stills complete & his not conceiving it necessary to give more than one receipt.