192 SUSSEX SMUGGLERS.
Steel. There was nobody took the lead, one more than the other.
The counsel for the King then called Robert Fogden, who being come into court, was sworn.
Eobert Fogden. I remember the time the tea was seized upon. I was at the consultation in Charlton Forest; there we concluded to go after the tea; there was a noted tree that stood in the forest, called the Center-tree. I do not know whether either of the prisoners were there. I was not at Eowland's Castle; I was with others of the company, on a common just below, for we met at both places, and then met altogether at a place appointed in the Forest of Bere.
Q. Were any of the prisoners at the house you was at?
Fogden. No, not one. At the Forest of Bere there were, I believe, all the five prisoners. We met together at a lone place there; we stayed there till the Hawk-hurst men came to us ; then there were thirty of us in number. The prisoners Kingsmill and Fairall were with the Hawkhurst gang, aud were part of that gang.
Q. Were you all armed ?
Fogden. To the best of my knowledge we were all armed.
Q. For what purpose did you meet there ?
Fogden. We were going to fetch away the tea that had been taken from us by Captain Johnson, and lodged in the custom-house at Poole.
Q. How did you take it ?
Fogden. Bv force: went from thence to Lindhurst: we got there in the night, just as it was light. We stayed there till near night again; then in the night we went to Poole, and went to the backside of the town, and left our horses in a little lane. I never was at