Three Strikes and you're out.

Extracted from the Charge Book of Cowes, Isle of Wight Customs, in which was recorded charges made against Customs Officers for dereliction of their duty. Additional material (Reports to the Board are from Letters Books).

John Fowell was a Boatman in the Tide Surveyors Boat at Cowes. He was charged three times over a period of eighteen month. Below are transcriptions from the Charge Book.

Charge against John Fowell – May 1821

Gentlemen,

Although I reported to you on the 8th inst. John Fowell one of my Boatmen had kept himself Sober and behaved during the past 3 months, I am sorry now to state to you the greater part of yesterday he was in a state of intoxication. At 8 o’clock in the morning I boarded two very suspicious Vessels which came into the Harbour, and had every reason to believe they had sunk their Tubs to the Westwards in consequence thereof myself and the other four Boatmen were employed Creeping for Tubs in Gurnard Bay leaving Fowell at the Watch House on Duty, on my return on the Evening found Fowell very Drunk and unfit for Duty which I feel my Duty to Report to you.

I remain etc.

R Stephens, Tide Surveyor

Collector and Comptroller

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Charge

To John Fowell, Commissioned Boatman,

            The Tide Surveyor, Mr Stephens, under whose Command you are placed having represented to Us your misconduct on 18th inst. you are hereby charged with the following Offences viz.

That on the 18th inst., when the Tide Surveyor conceived it expedient for the Benefit of the Service to take the Boat and the four other People comprising the Boats Crew and proceed to a suspect Spot, to creep for smuggled Goods, leaving you in charge of the Watch House Service, you withdrew yourself from the Premises, went to a Public House and got drunk with liquor as to be found by the Tide Surveyor on his return to be totally unfit for Duty. To which Charge you are required to make a plain and distinct answer in writing on or before Friday 25th May taking care to avoid all scurrilous and abusive expressions. Dated at the Collector, Cowes 21st May 1821.

John Ward, Collector

I Chapman, Comptroller

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 Answer

                                                                                                     24 May 1821

Gentlemen,

I am compelled with great Regret that the Misconduct in the Execution of my Duty with which I am charged by you on the representation of the Tide Surveyor is correct and that I have no defence to make but humbly implore the clemency of the Board of Customs and should they be pleased to pass over the offence my Future Conduct in Duty shall be endeavorous to atone as much as possible for any offence.

John X Fowell, His mark

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Letter from the Collector and Comptroller to the Board dated 26 May 1821

(reproduced from Letters Book)

The Tide Surveyor having represented to us than John Fowell, one of his Boat Crew holding a Commission had got very Drunk on the 18th inst while left in trust at the Watch House, we felt it our Duty to give him a Charge for such Misconduct and he having acknowledged his Offence, inclosed we transmit to your Honors the Complaint, Charge and Answer. Fowell was first employed as an Extra Boatman at this Port the 31 October 1798 and on 29 December 1807 received a Commission on the Establishment, making his Service in Customs 23 Years. He has never before been Charged, but last year having been negligent in one or two instances, we reported him with three others in the annual Account of Ages and Capacities, not so steady as he ought to be and in consequence of your Honors order of 8th of February last, he was thereon with the other Admonished and at the end of Three Months in conformity with the said Order we dated to your Honors that he had behaved much better. The man seems sensible of his Offence and promises to conduct himself with Propriety in the future.

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                                                                                        Custom House, London

                                                                                              31 May 1821

Gentlemen,

                  Having read your Letter of 26th inst. together with the several papers on a Charge given by you to John Fowell, a Boatman in the Service of the Revenue at your Port viz.

That on the 18th inst., when the Tide Surveyor conceived it expedient for the Benefit of the Service to take the Boat and the four other People comprising the Boats Crew and proceed to a suspect Spot, to creep for smuggled Goods, leaving you in charge of the Watch House Service, you withdrew yourself from the Premises, went to a Public House and got drunk with liquor as to be found by the Tide Surveyor on his return to be totally unfit for Duty.

We find Fowell Guilty of the Charges and Direct you to reprimand him severely and enjoin him to be more circumspect in future and you are to keep a watchful eye on his conduct and report the same at the Expiration of Six months, or sooner should you find cause.

                                                J Barnes            H Richmond

                                                W J Roe     J Stewart

Collector and Comptroller at Cowes

Charge against John Fowell    July 1821

Representation

                                                                          Custom House, Cowes

                                                                                     23 July 1821

Gentlemen,

It being directed by you any misconduct on the part of John Fowell be reported to you agreeable to the Honorable Boards Order of 31 May last. I humbly beg to state that on last Saturday Night Fowell and Moucher, Boatmen who both had the Watch to look out with me round the suburbs of the Town where I had from very glaring circumstances no doubt Tubs of Spirits were about to be run about midnight, Fowell returned to the Watch House and on my admonishing him for leaving us and requested him to go with us again he refused saying he had the watch and using very scurrilous and abusive language putting one in defiance with Heavy Threats in so loud a manner that the neighbours, some of which are concerned with smugglers knew of our looking out for them which I am very fearful was done for that purpose.

I am etc.

R Stephens, Tide Surveyor

Collector and Comptroller, Cowes

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Letter from the Collector and Comptroller to the Board date 25 July 1821.

(Reproduced from Letters Book)

John Fowell is a Commissioned Boatman in the Tide Surveyors Boat at this Port having again misconducted himself, notwithstanding the severe Reprimand we gave him pursuant to your Honors Order of 31 May last (copy of which is annexed). Inclosed we transmit the Tide Surveyors Representation of the same. It appears that Mr Stephens having reason to believe that a run of some Tubs of Spirit was about to take place in the vicinity of Cowes on Saturday last ordered Fowell who had the Watch that night at the Watch House jointly with Mouncher, another Boatman to accompany him to the suspected Spot, that after placing these men in ambush so as to intercept the Smugglers in their Boat, Fowell thought fit on his own Accord to return to the Watch House when on the Tide Surveyors return thereto he severely reprimanded him for his misconduct whereon Fowell made use of very inopportune and abusive language to Mr Stephens, highly disorderly and subversive of the subordination due from a Boatman to his superior Officer and Master, which is respectfully submitted.

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At the Board 27th July 1821

Fowell to be Suspended and Charged

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Charge

To John Fowell, Commissioned Boatman

The TideSurveyor, Mr Stephens under whose immediate Orders you are placed having represented to Us that notwithstanding the Reprimand for Misbehaviour you received the 1st June in pursuance of the Honorable Boards order you, on Saturday Night 21st inst. when the TideSurveyor had occasion for your services on some special Duty conducted yourself in a manner so insubordinate to render it incumbent on him to report your Behaviour and the same having been laid before the Honorable Board, we hereby, in accordance to their Honors order of 27th inst charge you with the following offences:

First, that when the Tide Surveyor had placed you in a particular Spot, most likely to interrupt the attempts of some Smugglers in running their Goods and had enjoined you patiently and quietly until they had made their Appearance or until you were relieved from your Concealment by his Orders, you thought it proper of your own accord (almost immediately after receiving the TideSurveyors instructions) to quit the Spot and return to the Watch House, thereby affording the Smugglers a successful opportunity of running their Goods.

Secondly, on the TideSurveyor finding you returned so unexpectedly to the Watch House and on his reproving you for Desertion of Duty you made use of the following insulting and insubordinate expression ‘It is a damned Lie’ ‘You are a troublesome fellow and although you are TideSurveyor, I am as good as you are, it is my Duty to be at the Watch House because it is my Watch.’ To which several Charges you are required to make a plain and distinct answer in writing on or before Thursday 2 August next taking care to avoid all scurrilous and abusive Expressions. Dated at the Custom House, Cowes 30th July 1821.

John Ward, Collector

I Chapman, Comptroller

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Answer

                                                                        Cowes 1 August 1821

Gentlemen,    

In reply to the Charges which have been made against me by the TideSurveyor, I beg leave to refer to a letter from me of 27th July last to the Honorable Board of Customs, a copy of which I take the liberty of Transmitting, and at the same time to repeat my contrition for the Offence and to implore your Interception with the Board on my behalf for the sake of my wife and family and assure them if they will be pleased to pardon me I will never again offend and that I will evermore with becoming submission, faithfully and zealously perform my Duty.

John X Fowell, His mark

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Letter from the Collector and Comptroller to the Board dated 2 August 1821

(Reproduced from Letters Book)

In obedience to your minute 27th Ult. on a Complaint against John Fowell, a Commissioned Boatman, we have charged him with the offence viz. the making use of insubordinate and insulting language to the Tide Surveyor such as “It is a damned Lie”, “You are a Troublesome Fellow and though you are Tide Surveyor, I am as good a man as you are” and he having returned an answer thereto now annexed in which there is no denial of the Allegations in the said Charge, his guilt we presume stands unquestioned which is respectfully submitted.

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Boards Answer

                                                                                                                  Custom House, London

                                                                    14 September 1821

Gentlemen,

Having read your report of 2nd inst. on the Charge give by you in pursuance of our Order to John Fowell a Boatman at your Port and having read his answers thereto we find him guilty of the Charge and direct that he be suspended for six weeks, at the Expiration of which time you will reprimand him and strictly enjoin him to one subordinate to superior Officers and then restore him to Duty.

J Barnes      J Butler

 G Simpson      J Williams

Collector and Comptroller at Cowes

 Charge against John Fowell    October 1822

Charge

To John Fowell, Boatman in the Tide Surveyors Boat.

In compliance with the Honorable Board Orders on the Complaint of the TideSurveyor we hereby Charge you with the following offence viz.

That on the night of 30th September last when the TideSurveyor directed you and the rest of his Boat Crew to look out for Smugglers you withdrew yourself from the other men and went to the Jolly Sailor Public House and there sat down and drank with Benjamin Cooke, a man notoriously engaged on Smuggling Transactions and one of the Crew of the vessel the TideSurveyor had laid his plans for intercepting that night. To which several matters you are required to make a plain and distinct answer in writing on or before Wednesday next taking care to avoid all scurrilous and abusive Expressions. Dated at the Custom House, Cowes 5th October 1822.

                                                                                                                        J.W.

                                                                                                                        I.C.

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Answer

                                                                                                                                        West Cowes 9 October 1822

Gentlemen,    

I am sorry to find by your letter of 5th inst. that an unjust Complaint has been laid to my charge, viz. that on the 30th September last, when the TideSurveyor directed me and the rest of his Boats Crew to look out for Smugglers that I withdrew from other men and went to the Jolly Sailor Public House and drank with Benjamin Cooke and one of the crew of his vessel.

In answer to which I beg leave to state that I was always ready and willing to attend to my duty when called but I must further beg leave to observe that on that night some time after I was there Benjamin Cooke came in, I might have drank a glass of beer with him but I am confident no conversation took place between us. With respect to my neglect of Duty, I can declare that I was always obedient to the TideSurveyors orders in every respect whatever, to the truth of which Iam ready to make oath if required.

J Ward Esq. Collector                                                          John X Fowell, His mark

I Chapman, Comptroller

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Evidence

11 October 1822

 Examination on Oath of Jacob Leale, a Commissioned Boatman in the TideSurveyors Boat

Questions

Answers

By the Collector

 

Did you receive any particular orders from the TideSurv. on the evening of 30 September last?

Yes he told us to look out for Smugglers on shore as he had reason to expect Goods to be about.

Were these orders given to anyone besides yourself?

They were given to me to be made known to the Boats Crew. The TideSurv. being on Duty inside that night.

What was your Conduct thereof?

 

I told the Boats Crew that we were going out that night.

Was John Fowell one of the Boats Crew to whom you made the TideSurv’s order known?

No, he was not at the Watch House.

 

Did you go yourself or send any one to find Fowell?

No, I did not.

 

Did you them proceed on the Service pointed out by the TideSurv. without Fowell?

Yes, myself, Abraham and Cushen

Did you see Fowell at any time that night?

No, I did not.

 John Cushen, Commissioned Boatman examined on Oath

By the Collector

 

Did you receive notice from Jacob Leale on the eve. of 30 Sept. that the TideSurv. had given orders to his Boat Crew to look out for Smugglers?

Yes

Did you proceed accordingly to look out?

Yes

Who formed the party?

Leale, Abraham and myself

Why did not the other two Boatmen accompany you?

Mouncher was left at the Watch House and I did not see Fowell there.

Did you see Fowell at any time that night after quitting the Watch House?

No I did not

By the Comptroller

 

Did you send for Fowell and where to?

I sent a boy named William Allen to Fowells House for him who returned with an answer that he would be at the Watch House directly.

By the Collector

 

Did he come to the Watch House as expected?

No, he did not.

How long did you remain at the Watch House after boy Allens return?

About three hours.

You then proceeded to look for Smugglers?

Yes.

What Boatmen were left in charge of the Watch House?

 Mouncher only

Richard Abraham, Commissioned Boatman examined on Oath

By Collector

 

You went out in search of Smugglers on the night of 30 Sept?

Yes.

Who were in the party?

Leale, Cushen and myself.

Do you know why Fowell was not with you?

I do not.

Did you see him at the Watch House on that night?

I do not recollect.

Who was left in charge of the Watch House?

Mouncher, I think.

Do you recollect any person being sent to Fowells house that night desiring him to come to the Watch House?

Yes, Allens boy.

Did he come?

No he did not.

How long after the boy had been sent for Fowell did you continue at the Watch House before you quitted it to go for Smugglers?

Three hours.

William Allen, 16 years old examined on Oath

By Collector

 

Do you remember going to John Fowells House with a message on the night of 30 Sept?

Yes

Who sent you?

Mr Cushen.

What was the message?

To tell Fowell to come to the Watch House directly as there was a Brig in the Roads and Mr Stephens was waiting at the Quay for him.

Did you see Fowell at his house?

No, but his wife went upstairs and told him the message and on coming down she told me to say to Mr Cushen he would be at the Watch House directly.

Do you know whether he came to the Watch House as promised?

I cannot say.

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Letter from the Collector and Comptroller to the Board dated 12 October 1822  

(Reproduced from Letters Book)

In obedience to your Order of 4th we delivered a Charge to John Fowell for disobedience to the Tide Surveyors Order and for associating and drinking with Smugglers which we transmit Inclosed together with Fowell’s answer and the Evidence examined in the matter, on which we have to observe that it is clear from the Evidence of the Boatman and William Allen that Fowell received the Tide Surveyors Directions to look out with the other men on the night of 30th September and that he did not comply with such Orders, he not having made his appearance at the Watch House the whole Evening; how he filled his time appears by his own confession to have been at a Public House, where he admits he was drinking with Benjamin Corke, a Smuggler and which fact could have been proved, by Lieut. Martin who was at the Time in the House and saw them together but who was intimidated by coming to give his Testimony by the Menaces of Fowell, who the Tide Surveyor states in his presence threatened Lieut. Martin’s life if he should give Evidence against him. On the whole it appears to us that Fowell is Guilty of the Charge and as his conduct on the night in question is only an Instant of his general habits, and he being a man in whom it is impossible that the Tide Surveyor or any other Officer can place confidence in we humbly submit that Fowell seems to us a very improper person to continue any longer in his present situation.

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                                                                                  Custom House, London

                                                                                                23 Oct 1822

Gentlemen,

Having read your report of 12 inst. with the several papers therein referred to on the following Charge against John Fowell, a Boatman at your Port viz.

That on the night of 30 September last etc. etc.

We deem Fowell guilty of the Charge and adverting all the circumstances attending the present and former charges against this Officer we do not consider him a proper person to be continued in the Service of the Revenue and therefore dismiss him therefrom. And we direct you call in the Commission and Instructions of the said Officer and to transmit the same to us as cancelled in the usual manner, observing to report as the necessity of filling the vacancy according to General Orders.

[signed by four Commissioners]

Collector and Comptroller, Cowes

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7 October 2006