Thomas Austin was then called, who deposed that he was at the New Inn at Leigh on Valentine’s Day last, with his brother George, where he saw two men who enquired the way to Justice Battine’s; he went from thence with them to Rowland’s Castle; they went to the widow Payne’s at that place, and called for a dram of rum; the prisoners were not there at first, but in a little time Jackson came, and soon afterwards the prisoner Carter. That the widow Payne spoke to him at the outer door before either of the prisoners came and asked him if he knew the two men, and said she was afraid they were come to do the smugglers some mischief, and that she would send for William Jackson; accordingly her son went for him, and he soon came, and another little man and his servant. This witness further deposed that he saw in the house one Joseph Southern and the prisoner Carter, but that Carter did not come so soon as Jackson. That Jackson struck one of the men who had a blue coat on, but they were all soon appeased, and then they all drank very freely, and he was drunk and went to sleep, and the two men were fuddled and went to sleep in the little room: that about seven o’clock Jackson went into the room and waked the two men; after they came out, the two men were taken away by Jackson and Carter, and one William Steel and Edmund Richards; but he did not remember they were forced away, and did not see them upon the horses, nor did he ever see them any more; this was between seven and eight o’clock.
Being asked whether he saw either of the men produce his deputation or heard any high words,
He said he did not; that he was asleep the best part of the afternoon, and did not see any ill-treatment, but that one blow which he had mentioned.
Being cross-examined at the request of the prisoners,
He deposed that he did not know who the two strangers were, but they were the same two persons that his brother George had just spoken of, and had a letter for Justice Battine; that one of them had a blue coat on, and rode upon a grey horse, and the other man rode upon a brownish horse; that he did not see the direction of the letter, but he heard it read by Robert Jenkes.
The next witness produced was Robert Jenkes, who came with the two deceased men from Leigh to this house, along with George and Thomas Austin, who, being sworn, deposed: that he saw two men upon 14th February last, at the New Inn at Leigh, one of them upon a brownish horse, the other upon a grey, and dressed in riding coats; that they were the same men that the witnesses George and Thomas Austin had spoken of; that they all went together to Rowland’s Castle, and got there about twelve o’clock, and went into a house there which was kept by the widow Payne. He did not hear her give any directions to send for anybody; but the prisoners Carter and Jackson soon came thither; that whilst he was there he did not see any abuse, or observe that either of them were bloody, and that he had no conversation with Jackson further than that Jackson said he would see the letter which was going to Major Battine, and Carter, he believed, might say so too; when he wanted to go away, Jackson would not suffer him to go through the room where the two men were (for the two men were carried into another room), but Jackson told him if he had a mind to go, he might go through the garden to the back part of the house where his horse should be led ready for him; that he did so, and found his horse there and went away.
Being now particularly asked if he could say why Jackson refused his going through the room where the two men were, he answered he could not be certain, but believed it was for fear the two men should go away with him; and that he did not order his horse to be led round to the garden himself; and that George Austin and he went away together upon his horse, and that Jackson declared he would see the letter one of the men had in his pocket; and the witness saw the direction of it was William Battine, Esq., at East Marden.
Being cross-examined by the prisoner Carter, whether Carter said he would see the letter, he answered that both Carter and Jackson said they would see the letter for Justice Battine; that he (the witness) did not order his horse to be carried to the back part of the house; and that Carter was by, when he was told by Jackson, that if he had a mind to go, his horse should be led to the back part of the house.
Joseph Southern deposed that on Sunday, the 14th February last, he saw Jenkes, the two Austins, and two other men coming from Havant towards Rowland’s Castle. One of them had a blue coat on, and rode a grey horse; and he went to Rowland’s Castle himself that day, and saw Jenkes, the two Austins, and the same two men sitting on horseback, drinking at the widow Payne’s door; he stayed there best part of an hour, and saw them and several other persons in the house; that he saw Carter and Jackson in the house whilst he stayed there; he sat down and drank a pint of beer by the kitchen fire, but the other persons were in another room; that he saw the two men come out to the door and go in again, and one of them had an handkerchief over his eye, and there was blood upon it; that he met this man as he was going in, and heard him say to Jackson, “I am the King’s officer, and I will take notice of you that struck me.” That Carter was not present when this was said, but was in the house: the man who spoke thus to Jackson had a parchment in his hand; he likewise saw a letter in his hand, and heard him say he was going to Justice Battine with it; that he (the witness) went away between two and three o’clock, and did not know what became of the letter, nor had he heard either Jackson or Carter say what became of it.
This being all Mr. Southern had to say, and Jackson and Carter, though asked particularly if they would have him asked any questions, saying they had none, he was set down.