As the Kite approached she hoisted her signals and fired a musket shot. (As there is a good deal of confusion existing concerning the signals of the old Revenue cutters, it is worth noting that although it was night these signals were displayed.  I make this statement on the unimpeachable sworn evidence of the Kite’s crew, so the matter cannot be questioned.) But in spite of these signals, which every seafaring man of that time knew very well meant that the pursued vessel was to heave-to, the lugger still held on and took no notice.  After that the Kite continued to fire several times from her swivel guns.  Later still, as the Kite came yet closer, the latter hailed her and requested her to lower her sails, informing her at the same time that she was a King’s cutter.  Still the lugger paid no heed, so the cutter now fired at her from muskets.  It was only after this that the lugger, seeing her chance of escape was gone, gave up, lowered sail, wore round, and came under the Kite’s stern.  The cutter hoisted out a boat, the midshipman already mentioned was sent aboard the lugger, and the latter’s master was brought to the Kite, when whom should they find to be their prisoner but David Browning, better known as “Smoker,” of North Sea fame?  When the Kite’s captain asked for his papers “Smoker” replied that he had no papers but a bill of sale.  He was afterwards heard to remark that if he had understood the log line he would not have been so near the land as he was, and admitted he had been bound for Flushing, having doubtless just landed a cargo on the beach.

The lugger was found to be decked and clinker-built with a running bowsprit on which she set a jib.  Six carriage guns were also found on board, mounted on her deck.  Four of these guns were observed to be loaded, three with powder and one with shot, and they were 4-pounders.  After the capture was made the two vessels lay for a time hove-to on the heaving sea under the star-specked sky.  The lugger was then put in charge of the midshipman and a prize crew from the cutter, the prisoners being of course taken on board the Kite.  Both lugger and cutter then let draw their sails, and set a course N.E. for the Isle of Wight until 2 A.M.  As it then came on thick the vessels hove-to until daylight, when sail was made again, the lugger being sent on ahead to sound, so as to see how near they were approaching the Isle of Wight.  Later on they found themselves in 12 fathoms and judged themselves to be near the Owers.  Eventually, having steered about N.N.E. and sighted Chichester Church in the distance, they went about and stood south, the wind having veered to W.N.W., and at 3.30 P.M. let go anchor in Spithead.  Browning in due time appeared in Court, and a verdict was given for the King, so that at last this celebrated smuggler had been caught after many an exciting chase.