dings. Some of them resisted violently, and
a serious fray took place. Three of his men were wounded with pistol
shots, one of them very seriously. One of the smugglers had been killed,
and three were so seriously injured that they could not at present be
placed in the dock.
"Are any of the prisoners represented in court?" the chairman asked.
A solicitor sitting next to Frank rose. "I represent Mr. Julian Wyatt,"
he said. Frank looked up at him in surprise. The idea of obtaining legal
assistance for Julian had not occurred to him, and he wondered how his
brother had been able to communicate with a solicitor. "I would suggest,
your honour," the latter went on, "that the evidence should be taken
separately in the different charges, as there is a considerable
difference in the position of prisoners."
Another solicitor rose. "I appear for John Turnbull and William Sims,"
he said, "and I would support the appeal of Mr. Probert. My clients, who
are farming men, took no part whatever in the fray, which is the serious
portion of the affair. While I am ready to admit that they were engaged
in the illegal operation of aiding in the landing of contraband goods,
I shall be able to prove that they are innocent of the more serious
charge of resisting by force their capture by the revenue officers, and
with using deadly weapons against the representatives of the law, and
that their case stands in an altogether different category to that of
the main body of the prisoners."
"You do not intend, I hope," Mr. Faulkner said, "to express a wish that
we should have what would practically be twelve investigations instead
of one, or that the witnesses should all be obliged to go that number of
times into the box."
"By no means, your honour; I am only intimating my intention of
cross-examining each witness as to the share my clients took in the
affair, and pointing out beforehand that their case stands on an
entirely different footing to that of the men who took part in the more
serious charge of resisting the officers."
One after another of the coast-guard men gave their evidence, each
identifying one or more of the prisoners in whose capture they had taken
a personal part. None of the first five had anything to say regarding
Julian. Then James Wingfield entered the box. After stating that he was
the coxswain of the Weymouth coast-guard boat he proceeded:
"When Mr. Moorsby gave the order I ran forward. I saw a biggish man
standin
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