The commander of the _Badger_ thereupon called upon the _Four Brothers_ to surrender; or, according to his own version, the smugglers themselves called for quarter; and the mate and some of the cutter’s men went in a boat and received their submission, and sent them prisoners aboard the _Badger_. The smugglers claimed that they had surrendered only on condition that they should have their boats and personal belongings and be allowed to go ashore; but it seems scarce likely the Lieutenant could have promised so much. The _Four Brothers_ was then taken into Dover Harbour and her crew sent aboard the _Severn_ man-o’-war and kept in irons in the cockpit. Three of her wounded died there. The others, after a short interval, were again put aboard the _Badger_ and taken up the Thames to imprisonment on the Tower tender for a further three or four days. Thence they were removed, all handcuffed and chained, in a barge and committed to the King’s Bench Prison. At Bow Street, on the following day, they were all formally committed for trial, and then remitted to the King’s Bench Prison for eleven weeks, before the case came on. On Friday, April 25th, 1823, the twenty-two prisoners were arraigned in the High Court of Admiralty; Marinel Krans, master of the _Four Brothers_, and his crew, nearly all of whom bore Dutch names, being charged with wilfully and feloniously firing on the revenue cutter _Badger_, on January 13th, 1823, on the high seas, about eight miles off Dungeness, within the jurisdiction of the High Court of Admiralty of England. Mr. Brougham, afterwards Lord Brougham, defended, the defence being that the _Four Brothers_ was a Dutch vessel, owned at Flushing, and her crew Dutchmen. A great deal of very hard swearing went towards this ingenious defence, for the crew, it is hardly necessary to say, were almost all English. At least one witness for the prosecution was afraid to appear in consequence of threats made by prisoners’ friends, and an affidavit was put in to that effect. It appeared, in the evidence given by the commander of the _Badger_ and other witnesses for the prosecution, that the prisoners all spoke excellent English at the time of the capture, and afterwards; but they, singularly enough, understood little or none when in court, and had to be communicated with through the agency of an interpreter.