g with his hands in the pockets of his pea-jacket. He seemed to
be looking on, and was not at work; but, thinking that he might be a
leader, me and Harry Wilkens ran at him and seized him. It was not until
afterwards we knew that he was Mr. Julian Wyatt. After we had caught him
I handed him over to Wilkens, and that is all I know about him."

He then proceeded to testify against several of the other prisoners in
whose capture he had taken part. When he had finished his evidence,
Julian's solicitor rose.

"You say that the prisoner you first took, Mr. Wyatt, was taking no
active part in the affair?"

"No, sir, he was just standing there looking on."

"And did he resist the capture?"

"Not to say resist, sir. When we first clapped hands on him he gave a
start, for we had come upon him sudden, without noise. He just tried to
shake us off, not knowing, I reckon, who we were; but as soon as I said,
'In the King's name, you are my prisoner,' he was just as quiet as a
lamb."

The solicitor sat down. Then the chairman asked the witness if any arms
were found on the prisoner.

"No, sir."

"Not even a stick?"

"I won't say as he may not have had a bit of a stick, your honour,
though I did not notice it, his hands being in his pockets; anyhow, he
did not try to use it."

Wilkens was the next witness, and his evidence, as far as Julian was
concerned, was precisely similar to that of the coxswain. Against the
seven men of the lugger the evidence was conclusive. All had resisted
desperately, and this had enabled several of their party to make their
escape in the darkness. The Weymouth fisherman had been caught coming up
from the beach with a keg on his shoulder, and had thrown it down and
attempted to run away, but had made no resistance when he had been
taken; the two farm men had been captured at their horses' heads, and
had at once surrendered. When the evidence had been gone through, Mr.
Probert addressed the court on behalf of Julian. He urged that there was
no evidence whatever to show that he was concerned either in the
smuggling operations or in the resistance to the revenue officers.

"I do not pretend," he said, "that he was there by accident; but I
maintain that he was there simply in the capacity of a looker-on. He
stands, in fact, precisely in the same position that any member of the
general public might do, who had been present as a spectator at any sort
of riot. It is unquestionably a very unwise action o