Such was the sympathy among Dorset folk towards smuggling that sometimes in the Dorchester Courtroom there were unexpected legal outcomes.
Two Dorset men, James H Adstock and William White, who were natives of Portland, appeared before Justice Sir Stephen Gaselee at the Dorset Assizes in July 1826. They were charged with making signals to smugglers at Chesil Cove on the Isle of Portland. Their actions, on the 8th April, provided the bootleggers with the opportunity to make their escape from the pursuing customs men. It was a fine night so the officers said they could see clearly what was happening.
It was reported in the Dorchester Courtroom that the two men were loitering on the beach at around two o’clock in the morning and were heard whistling extremely loudly after they espied two Prevention Officers approaching. Both men were known to these Officers. Upon hearing the whistling sound, a small boat carrying five men quickly departed the shore. Others ran towards the cliff. They had all been seen handling some barrels. After the arrest of Adstock and White, the officials, John Walpole and William Murd, discovered 19 barrels of brandy, rum and other spirits nearby. They also observed that the clothes of the prisoners were wet.
In Court, the defence counsel suggested the men in the boat were merely fishermen. Anti-smuggling legislation was so badly drafted they claimed that an individual simply whistling for their dog could be found guilty. It was said even if a man just coughed this could be misconstrued as a signal to smugglers. At this point, laughter broke out in the Courtroom. The prosecution added that the defence wanted the Jury to believe the prisoners were innocent shepherds feeding their sheep at that early time of the morning. Justice Gaselee commented that he had listened with great pain to some of the arguments put forward by the counsel for the defence. The current legislation on smuggling, he said, was drafted by wiser heads than those present.
After a moment’s hesitation, the Jury astounded the Judge by returning a ‘not guilty’ decision. Gaselee challenged the Jury questioning them as to whether they had made the right decision. The Jury Foreman responded by confirming that they felt they had come to a just decision. He drew attention to a difference of opinion between two witnesses which meant that the Jury felt they could not convict either of the prisoners. Gaselee noted that the decision had been taken based on one witness saying the incident took place at half past one and the other said it was at two o’clock.
So, with extreme reluctance, Sir Stephen Gaselee released the two prisoners. Six years later, the same Judge would sentence Sturminster Newton’s Richard Bleathman and Blandford’s George Long to be hanged in Dorchester Gaol for their involvement in the Blandford riots. Fortunately for the two men and following petitions for clemency, they were instead transported to Australia. Both were protesting against the corruption they had witnessed in a Dorset Parliamentary By-election.
(Source: Sherborne Mercury - 22nd July 1826.)
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