Q. Did anybody ever come to claim the brandy and rum?
Milner. No, for it was condemned in the Exchequer.
Q. Was the tea in such sort of packages as the East India Company have?
Milner. No, sir, it was packed as is usual for run tea, and the brandy was in small casks all slung ready to fling over the horses.
The counsel for the crown having done examining Mr. Milner, proceeded to call several witnesses who were concerned in the fact; and in order that nothing but justice might be done, and the truth only appear against them, the witnesses were called in separately, so that Steel, who was the second, was not admitted into court till Race, who was the first examined, had gone through his evidence; and Fogden, who was the third and last examined, was likewise not suffered to go into Court till Steel had done.
John Race was called and sworn; who being asked if he knew the custom-house at Poole, answered, “I do know the custom-house at Poole.”
Q. Do you know any thing of its being broken open?
Race. It was broken open soon after Michaelmas. I do not know the day of the month. It was a year ago last October. There was tea taken out of it.
Court. Look at the prisoners. Do you know either of them?
Race. I know them all.