Preamble
Over the centuries, there were many Stubberfields in Hooe and the neighbouring parishes but this Henry Stubberfield was the son of Thomas & Elizabeth (Betty) Stubberfield (née Bumfield) who were married in Hooe on 14th March 1779.
Henry, born 26th April 1801, was baptized on 24th May 1801 at Hooe, and married Lucy Chapman, on 16th November 1821, at Hooe. His brothers and sisters were: –
John, christened 15th July, 1779, at Hooe
Thomas, christened 23rd July, 1780, at Hooe, died and was buried on 20th July 1785
Thomas, christened 23rd July, 1780, at Hooe, died and was buried on 20th July 1785
Henry, christened 24th May, 1781, at Hooe, born 2 April 1781
Charlotte, christened 27th October, 1782, at Wartling
Richard, christened 20th July, 1783, at Hooe
Maria, christened 29th May, 1785, at Wartling
Mary, christened 5th March, 1786, at Hooe, married Charles Jeal, on 9 January 1806, at Hooe
James, christened 24th August, 1788, at Hooe. (He married Fanny Sinden on June 3rd, 1810, at Ninfield)
Samuel, christened 7th February, 1790, at Hooe
Phille, christened 30th October, 1791, at Hooe
William, christened 5th January, 1794, at Hooe
Edward, christened 18th December, 1796, at Hooe
Thomas, christened 2nd February, 1800, at Hooe (born 1st August 1799)
For some reason that is unknown to me at the moment, sometime before or during 1830, Henry was accused of avoiding tax by illegally smuggling, or assisting to smuggle, brandy into the country. He was, also, accused of assaulting and wounding two excise men who tried to apprehend him.
Though admitting to being a smuggler, he was found not guilty and went back to his family, the village, and the way of life he almost lost, as, if he had been found guilty, he may well have been transported to Australia for life. Who said, "Nothing ever happens in Hooe?!"
A transcription of the trial, follows below – it comes from the "Proceedings of the Old Bailey" website at –
http://www.oldbaileyonline.org and is reproduced in line with their copyright "Terms of Use"
_______________________________________________________________________________________First Middlesex Jury, before Lord Chief Baron Alexander
HENRY STUBBERFIELD – was indicted for feloniously assembling, with divers other persons, armed, in order to aid and assist in the illegal landing, running, and carrying away 200 gallons of foreign brandy, which was liable to pay duty; also for assaulting and wounding John Ellis and James Campbell , persons employed to prevent smuggling .
THIRTEEN OTHER COUNTS, varying the charge.
MR. SHEPPARD – conducted the prosecution.
JOHN ELLIS – I am employed in the preventive–service on the coast of Sussex, and was stationed at the Martello tower, No. 53, in the parish of Bexhill. On the 1st of October, between one and two o′clock in the morning, I saw Brown coming from westward – he made a communication to me: I went to Lieutenant Warren, the commanding officer, who sent me and Brown westward to see about a boat – it was about half–past one; as I came within twenty or thirty yards of No. 55 tower, I saw a party of men coming over the full of the beach – there might be forty or fifty, or more; they were on the highest part of the beach, coming from the land side, with bats in their hands, some six or seven feet long, and some shorter – they are sticks; they sung out, "Here are the bl – y b – g – rs," and rushed towards us, lifting up their bats in the air – the nearest of them was within ten yards of us; I fired my pistol at them, expecting to be knocked down every moment – I retreated rather back, and as I fired a second pistol I received a blow which cut me down: the pistol went off as they hit me on the crown of my hat with one of their bats – I then received another blow in the eye, which knocked me down; I had a scuffle, and they took one of my pistols from me, but I got clear of them – I received several blows from them, about my body and thigh; my eye was swollen: I retreated eastward and met Sullivan coming to my assistance – I told him the smugglers had got Brown down then, and beating him; he was singing out – a great many of them were then in chase of me and were within ten yards of me; Sullivan fired his musket in among them, and they knocked him down – they stopped with him; I loaded my pistol and discharged it in among them – they followed me again: I retreated, and they turned on Brown a second time, and I followed them– they got round the tower, No. 55, and fell in with Campbell, who was coming out; I fired six rounds with my pistol – then they went towards a farm–house, and I saw no more of them; Brown was bleeding and cut about the head – next morning, about seven or eight o′clock, I went with Lieutenant Warren and some men to the prisoner′s house, and inquired for him; he was denied – after coming out of the house his wife came out presently, and made across the field to the Star public house; our people ran a–head of her, and got into the Star before her – the prisoner and six more were drinking inside there; he tried to get out at the back door to escape with the rest, but a man named Pinner seized him at the door – we had said nothing of what we came about; we were dressed as preventive men – he was taken to No. 55, tower; there was blood on his smock–frock, and I believe there was a little drop of blood on his trousers; it seemed fresh – it was a clear star light morning. I observed a kind of round circle at the end of one of the bats, but could not tell what it was.
Cross–examined by MR. ADOLPHUS.
Q. – . At what time did you see these men coming over the beach?
A. –. I suppose between two and three o′clock – I was twenty or thirty yards from them; I saw the boat afterwards, about one hundred and fifty yards west of No. 55 – she was beached to the extreme of No. 55 station; the men were not coming as if from there – I saw nothing doing about the boat; I went to it next morning – there was nothing in it; it was the Dove, of Rye – the nearest men were ten yards from me when I fired; they were nearly together with their bats lifted – I do not know that their bats would hit me at that distance; a blow came on me as I fired the second time – I heard of nobody being killed or wounded from my firing; there is a canal close to the back door of the Star – he was going out at the back door as we entered; he could get away without going over the canal, he could get over a field – the blood on his frock appeared fresh; it was on the bosom, a small quantity; it ran down in a little thin stream – we have the frock and trousers here; he had a short frock on under the one I took off – the night was clear enough to distinguish one man from another.
MR. SHEPPARD.
Q. –. When they were ten yards from you on the beach were they standing still?
A. –. No, running towards me – they came up and knocked me down: I produce the frock.
JOHN BROWN. – On the 2nd of October, between two and three o′clock in the morning, I was near the Martello tower, and saw some persons coming over the full of the beach, with bats in their hands, which they held up, and said, "Come up you b – g – rs;" Ellis was with me – they rushed down upon us off the full, holding their bats up, and as they were coming towards me I discharged my pistol – they could not be above six yards off me at the time, and their bats were raised; after I fired they knocked the pistol out of my hand with a blow of a bat on my arm – they knocked me down with a blow on my left side, and beat me very severely, and while I was on the ground they jumped on me, and hurt me severely; it made me insensible – when I recovered both my pistols were gone; I think I should know one of the men who appeared on the full: I thought the prisoner was one of them, but I did not know him at the time – I went towards my own tower; Campbell came to my assistance – there was a lot of men round the tower, and away to the west; I saw Campbell afterwards – he had been beat – it was a star–light night; there was light enough to know an acquaintance.
Cross–examined.
Q. –. How near should you know an acquaintance?
A. –. At the distance they were from me, six or eight yards. There might be about thirty men; I think it was nearer three o′clock than two – we keep time by watches – it might be half–past two, to the best of my opinion; I was the first man that was knocked down –I cannot tell whether Ellis fired; the mail generally passes our station between two and three o′clock – I do not know whether is had passed that night.
JOHN SULLIVAN – I am on the preventive–service, and was stationed on this night between towers Nos. 54 and 55; I heard a firing between two and three o′clock – went towards it, and met Ellis coming along the fall of the beach, and a party of between fifty and sixty men, armed with bats, running after him; as soon as I came up I fired my musket at them: Stubberfield and two more of the party then came down, armed with bats, and struck me – five or six more then came down and joined them, they struck me altogether, knocked me down, and took my arms from me – they beat me; I saw another man among them whom I know, he is not in custody.
Cross–examined.
Q. – There were fifty or sixty men?
A. –. Yes; I suppose they were the same party as were engaged with Brown – they were running after Ellis when I came up; I am sure there were more than twenty or thirty; as soon as the prisoner came within three yards of me I knew him; I was struck immediately; I saw him just as he was coming down upon me – I was quite positive about him – that was the only opportunity I had of observing him.
Q. – Have you ever been positive about one Stonestreet?
A. –. I swore to the best of my knowledge he was one of the men – he was taken into custody – but I never did swear positively to him; he was in custody three or four days; I believe when I told the Magistrate I could not swear to him plump and plain he was discharged; I had known him about two months; I only said, that to the best of my knowledge he was there; I said from the first that I could not be certain of him; I have known the prisoner nine months, and saw him often – I was well acquainted with his face and appearance, and am quite certain he is one of the men – I have always said so.
JAMES CAMPBELL. – On the night between the 1st and 2nd of October I was employed on the preventive–service at the Martello tower, No. 55 – between two and three o′clock I heard Brown′s wife sing out that her husband was being murdered, and immediately after I heard a firing; I got up, put part of my clothes on, and went out with my musket and pistol, to his assistance; I saw a great number of men about the tower – when I came down the ladder Brown was standing alongside, and the men laying on him; I tried to fire my musket, but it would not go off – I tried to reach over to hit them, but their bats were so long it would not reach them; I immediately fired my pistol – a man hit me over the shoulder and struck me with a bat; I seized a man who struck me with a bat, and who I take to be Stubberfield – we struggled some time as I seized his bat, and tried to take it from him; they gathered before and behind, and knocked me down against the man′s breast who I suppose to be Stubberfield, and beat me most dreadfully – Stubberfield is the man; my head was cut – blood gushed out of my head befored I fell against him – I was knocked down and heat dreadfully; when I was down I think Stubberfield is the man that said "Come off, he is dead enough now;" he called them off, and they all ran over a stile; since that I have heard the prisoner speak, when I was laying in the hospital, and believed him to be the man – he was brought to the hospital to me.
Cross–examined.
Q. – Who brought him there?
A. –. I think it was the Quarter–master; another young man was in custody with him. Whose name, I think, was Tysart – he was quite a small man, not so big as the prisoner; I heard the other man speak, but paid no attention to what he said – they were brought to the hospital to be examined – there was a Justice there; I had no knowledge of the prisoner before that night – I know him by his size and speech; I only heard him say "He is dead enough, come off;" I dare say sixty or seventy men were about me at that time – they were all making a noise; I had one wound before I pitched my head in the bosom of the man – I got the other afterwards; the first wound was not so very bad – blood came out – there was not a considerable deal of blood – it ran down all parts of me.
MR. SHEPPARD.
Q. – You fell down at the foot of the man?
A. –. I fell on his breast – I was lying down close to him when I heard him say those words – the prisoner′s voice struck me at the hospital.
LIEUTENANT CHARLES DUNCAN WARREN – In October I was in the employ of the preventive–service, and in command of the party at the tower, 53; I sent Ellis, and Brown on duty to watch for smuggling cutters – there was an alarm that night, and next morning, in consequence of information from Sullivan, I went to Stubberfield′s house, and inquired for him, but did not find that he was at home; it was about six o′clock – I did not look at my watch; I saw his wife going towards the Star public–house, and ordered the party to go on, and get before her– I went and saw the prisoner coming out of the Star, in custody of one of the people I had sent; Campbell and Sullivan were under my command that night, employed to prevent smuggling; when the prisoner was apprehended I observed blood about his frock, some on his breast, and some on his trousers behind – the blood on the breast appeared to be fresh. I was an officer on full pay at the time.
Cross–examined.
Q. – Are you sure it was as early as six o′clock when you got to the Star, for Ellis says it was eight?
A. –. To the best of my recollection it was about six – it was clear day–light; it might have been half – past six – I cannot swear to the time.
JAMES TYSART – I live in the parish of Bexhill, nearly a quarter of a mile from Martello tower, 55. I was looking out of window on the night, between the 1st and 2nd of October, about three o′clock, as I heard a firing; I saw a party of people coming along the road from the sea; they passed my house, and appeared to have something on their backs – I do not know what it was, as it was dark; I supposed it to be tubs, but am not certain – I guess there were one hundred people, but cannot tell; a good many of them had something on their backs.
Cross–examined.
Q. – Can you undertake to swear there was a tab on any one man′s back?
A. –. No – it was dark; I do not know any of them – I should not think it was light enough to know a man ten yards off, as I did not know any of them; my son was taken up about this – he was at home, and looking out of window at the time; he was detained a day and a night. I think.
MR. SHEPPARD
Q. – Was it an up stairs window you were looking out of?
A. –. Yes, I was above them as they passed.
JOSEPH BALLOWAY – I am surgeon of this division of the coast blockade. On the morning of the 2nd of October, I attended Sullivan, Ellis, Brown, and Campbell – Campbell was injured the severest; he had two wounds on his head – one about an inch long; his left arm, and shoulder were severly contused and swollen – his back and thigh severly bruised; Ellis had a wound in his left check bone– Brown was severly bruised over his left shoulder, arm, and thing; Sullivan was wounded over his left shoulder and thigh – I conceive them to be such wounds as might be inflicted by bats; the wound on the back of Campbell′s head put on an unpleasant appearance– that was the only serious wound; he was confined to his bed about ten days, and ill about six weeks.
Cross–examined. <.p>
Q. – Where were Campbell′s wounds?
A. –. On the left side of the bone, at the back of the head, and he had one small wound at the left side.
COURT.
Q. – Were his severe wounds?
A. –. The one on the back of the head was a severe wound – danger was to be apprehended from the wounds on the head, but there was no apparent danger; dangerous symptoms often follow a wound in the head – no one dangerous symptom presented itself in this case.
The prisoner delivered in a long written. Defence, avowing himself a smuggler, and stating that at ten o′clock, on the night in question, he arrived off Pervensey–sluice, in a boat from Bolougne, having a few things attached by slings to stones, as sinkers, and had cut his thumb in the act of cutting off some of the sinkers; having got his goods ashore, he conveyed them to Hooe; that in the morning he found he had torn his trousers, and having but a short frock, he borrowed the one he was apprehended in, in order to cover his torn trousers. [The remainder of his defence will be seen by the following evidence.]
JAMES PEARCE – I live at Sluice, in the parish of Bexhill, and am a carpenter. On the 1st of October, at ten o′clock at night, the prisoner called on me at my house, and in consequence of what he said, I went over the beach, and found something tied on a line to sinkers, which are heavy stones; we cut the sinkers off – Hammond, Quife, and Stonestreet were there; the prisoner was over the back of the beach – we met a cart out in the marsh, at Chapel–bridge, about a mile from Sluice, and put these things into it; we all four returned, and the prisoner went away in the cart, about one o′clock in the morning, going towards Hooe, which is about two miles from Chapel–bridge; it is about four miles from No. 55, tower.
Cross–examined.
Q. –. How far from the sluice is Chapel–bridge?
A. –. A mile – the things might be twenty rods from my house; we were from ten till one o′clock about this.
MR. ADOLPHUS.
Q. –. You were from ten till one o′clock getting the things to the cart; did you do it at one turn?
A. –. We went backwards and forwards – the cart was a mile from the things; there were fifteen things – three of us carried three; Hammond went for the cart – I went directly from the sluice with the prisoner; Hammond went and called two of the men.
COURT.
Q. –. How many turns did you take?
A. –. Hammond went for the cart – the prisoner went home and changed his clothes; we carried three things out, then Stubber went and got the rest.
ROBERT QUIFE –. On the night of the 1st of October, Hammond called me – I went over to the sluice, to the water, found some things there, and carried them away; they were tied to sinkers – we carried them to Chapel–bridge, which is about a mile from the water–side; I went twice – there were four of us – we all carried the things over the beach; then Hammond went for the cart, which we put the things into, at Chapel–bridge, and I went home – the prisoner got into the cart; it was then about one o′clock – a lad named Samuel Freeman, went with him in the cart.
Cross–examined.
Q. –. It was your object to get the work done as quick as possible?
A. –. Yes; there was no particular hurry – we walked as quick as we could; we carried the things part of the way first, then went and got the rest – we hid them down over the beach, and took part of them to Chapel–bridge – the cart had not come; we then fetched the rest – the cart had not come then; I waited till it came, and as soon as the things were put in I went home – the prisoner got in, and went away with Freeman; I looked at my watch, and could see that it was one o′clock – Stubberfield asked me what o′clock it was; the house clock struck one just as I was called – I looked at my watch at Chapel–bridge; I had no lantern – it was dark, but I managed to see the time; it was not very star–light, but light enough for that.
MR. ADOLPHUS.
Q. –. Did you hold your watch very close to your eyes to see the time?
A. –. Yes, very – we carried the things a little way first, because we wanted to get the others away, as we did not think any body would find them over the beach.
NIMROD STONESTREET – I live at the sluice. On the 1st of October Hammond called me up – I went over the beach after some things; I do not know what they were – we got fifteen; there were five men – Pearce, Hammond, Stubberfield, Quife, and myself; the things were on a line on the surface of the water – some stones were attached to the line; we carried them up the marsh, just beyond the Star and hid them, and after that carried them on to the marsh into Chapel–bridge – there was a cart there; Freeman and Hammond were with it – Freeman and the prisoner went away in it a few minutes after one o′clock; 1 know that, for Quife had a watch.
Cross–examined.
Q. –. Who brought the cart?
A. –. Hammond and Freeman – I first saw the prisoner about ten o′clock on the beach; Pearce was with him – I swear I could not tell what was in the things; Stubberfield stood back on the land side of the beach – I knew where he was all the time; I am sure he was there all the time, from ten o′clock to one; he did not go away – we found the things on the beach.
MR. ADOLPHUS.
Q. –. Though you do not know what the things were, perhaps you had a pretty good guess?
A. –. Yes; when I first saw the prisoner he had a short frock on, a hat, and trousers.
SAMUEL FREEMAN –. I live with my father, at Hooe. On the night of the 1st of October Hammond came to my father′s for me to get the horse and cart – I went with it to Chapel–bridge, which is between three and four miles from Hooe; when I got there I saw the prisoner and other men – they put some things into my cart; the prisoner came away with me to Hooe in the cart – it was then about one o′clock; when we got to my father′s, he asked for some cold bread and meat, which we gave him; he then asked if he could sleep in our stable – we told him he could not, because there were two horses there and it was very dirty; he went away – this was near two o′clock.
Cross–examined.
Q. –. You had gone to bed when they first called you?
A. – Yes; it was then about twelve o′clock – I am not certain of the time; it was a green cart, and one that drives quick – I did not drive very fast; I was more than half an hour going to Chapel–bridge – I found these men there with the things on getting there; they were put into the cart, and I drove off directly – the cart was left at our house with the things – Stubberfield lives about a mile from Chapel–bridge; I drove part of the way, and Stubberfield the rest – I do not know at what time we left Chapel–bridge; I did not hear any body say what o′clock it was: if they had I think I must have heard them – we were altogether; I did not stay there above a minute or two – they merely put the things in, and then went off.
MR. ADOLPHUS.
Q. –. Might a man ask what o′clock it was without your hearing?
A. –. Yes; they were sometimes apart; I was minding the cart – there is a parish road from Chapel–bridge to our house; the prisoner was dressed in a short frock, which came down to his waist – he had nothing over that.
WILLIAM FISHER – I keep the Red Lion at Hooe, and am a butcher. I have supplied the preventive–service with a few things, but not for these two months, or more; I had no contract for them. On the morning of the 2nd of October, I saw the prisoner, at two o′clock, at my house – I knew him before; he had a bed there, and I saw him at half–past five o′clock in the morning; I had locked the doors, and bolted them after showing him to bed – I was the first that got up in the morning; he came down at half–past five, and asked me to lend him a frock– before that I had been and called him; I found him asleep; I lent him a frock, as he had a very short one on– I did not know why he wanted me to lend him one; I believe it was longer than his own – the one I lent him was dirty; I had used it several times when I killed cattle – the one produced is what I lent him; I expect to find blood on it – I certainly expected to find it dirtier than what it is; here is a patch on the sleeve, which I know it by – when I heard the prisoner was in custody, I had business with Lieutenant Warren, and mentioned the prisoner′s case to him.
Cross–examined.
Q. –. What time did you lend the frock to him?
A. –. About six o′clock, within a few minutes of that time; he was not in possession of it before six – I expected there was more blood on it than I find, as I frequently kill in it; he did not leave his short frock with me.
COURT.
Q. –. How do you know when this was?
A. –. I am in the habit of keeping accounts, and write the day of the month every day; I cannot remember whether he knocked at my door, or came in – I was not gone to bed; I had some friends smoking, and they had just left – if I had been in bed I should have got up to accommodate him; my house is two miles from Chapel–bridge, or perhaps more; I cannot say, for it is a road I never frequent – he did not come to my house to change his dress at one o′clock.
MR. ADOLPHUS.
Q. –. How far is it from your house to No. 55 tower?
A. –. Between four and five miles, to the best of my knowledge.
SARAH LINGHAM – I keep the Star. The prisoner was taken at my house; he had come in, and had a pint of porter – he had cut his thumb, and wiped it on his trousers.
Cross–examined.
Q. –. At what time did he first come in?
A. –. About seven o′clock – I think about a quarter to seven; my house is about three miles, or three and a half from Hooe; I went to the bar to get a bit of rag for his thumb, and while I was gone the preventive–men came and took him – he did not attempt to run away; he came into my room to have the rag put on.
NOT GUILTY
First London Jury. – Before Mr. Recorder.
