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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..fdfef23 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #67468 (https://www.gutenberg.org/ebooks/67468) diff --git a/old/67468-0.txt b/old/67468-0.txt deleted file mode 100644 index 4edb154..0000000 --- a/old/67468-0.txt +++ /dev/null @@ -1,8288 +0,0 @@ -The Project Gutenberg eBook of Smuggling & Smugglers in Sussex, by -William Durrant Cooper - -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you -will have to check the laws of the country where you are located before -using this eBook. - -Title: Smuggling & Smugglers in Sussex - The Genuine History of the Inhuman and Unparalleled Murders of - Mr. William Galley a Custom-house Officer, and Mr. Daniel Chater, - a Shoemaker, by Fourteen Notorious Smugglers, with the Trials and - Execution of Seven of the Criminals at Chichester, 1748-9 - -Author: William Durrant Cooper - -Release Date: February 23, 2022 [eBook #67468] - -Language: English - -Produced by: Brian Coe, Karin Spence and the Online Distributed - Proofreading Team at https://www.pgdp.net (This book was - created from images of public domain material made - available by the University of Toronto Libraries.) - -*** START OF THE PROJECT GUTENBERG EBOOK SMUGGLING & SMUGGLERS IN -SUSSEX *** - - - - - - [Illustration: M^r. Galley and M^r. Chater put by y^e Smugglers on one - Horse near Rowland Castle. - - _A. Steele who was Admitted at King’s Evidence._ _B. Little - Harry._ _C. Iackson._ _D. Carter._ _E. Donner._ _F. - Richards._ _1. M^r. Galley._ _2. M^r. Chater._] - - - - - Smuggling & Smugglers in Sussex. - - THE GENUINE HISTORY - - OF THE INHUMAN AND - - UNPARALLELED MURDERS - - OF - - MR. WILLIAM GALLEY, - A CUSTOM-HOUSE OFFICER, AND - - MR. DANIEL CHATER, - A SHOEMAKER, - - BY FOURTEEN NOTORIOUS SMUGGLERS, - - WITH THE - - TRIALS AND EXECUTION OF - - SEVEN OF THE CRIMINALS AT CHICHESTER, - - 1748–9. - -_Illustrated with Seven Plates, Descriptive of the Barbarous Cruelties._ - - ALSO THE - - Trials of John Mills and Henry Sheerman; with an account of the - wicked lives of the said Henry Sheerman, Lawrence and Thomas - Kemp, Robert Fuller and Jockey Brown; and the Trials at large - of Thomas Kingsmill and other Smugglers for Breaking open the - Custom-house at Poole; with the Sermon preached in the Cathedral - Church of Chichester, at a Special Assize held there, by Bp. - Ashburnham; also an Article on “Smuggling in Sussex,” by William - Durrant Cooper, Esq., F.S.A. (Reprinted from Vol. X. of the - “Sussex Archæological Collections”), and other Papers. - - W. J. SMITH, 41–43 NORTH STREET, BRIGHTON. - - - - - TO THE PUBLIC. - - -This History was first published in 1749, soon after the execution of -Jackson, Carter, and other Smugglers, upon the Broyle, near Chichester. -The writer in his Preface, says: “I do assure the Public that I took -down the facts in writing from the mouths of the witnesses, that -I frequently conversed with the prisoners, both before and after -condemnation; by which I had an opportunity of procuring those letters -which are hereinafter inserted, and other intelligence of some secret -transactions among them, which were never communicated to any other -person.” Its authenticity thus shewn, he further says: “Of all the -monstrous wickedness with which the age abounds, nothing, I will be -bound to say, can parallel the scenes of villainy that are here laid -open. In all the Histories I have ever read, of all the barbarous -stories I have heard related, never did I meet with an instance where -cruelty was carried to such an excess as here. We have an instance of -two men suffering the most cruel torments that malice itself could -invent, without any provocation given, and for no other crime but a -duty to serve their king and country.” - -He also says: “When the facts were proved by undeniable evidence -in the face of the Court, what horror and detestation appeared in -the countenance of everyone present! Everyone shuddered when they -heard the aggravating circumstances of the murders related, and how -barbarously the villains handled their two wretched victims. The judges -themselves declared on the bench, that in all their reading they never -met with such a continued scene of barbarity, so deliberately carried -on and so cruelly executed. The Council, Jury, and all present, were -astonished and shocked, to hear proved beyond contradiction, facts of -so monstrous a nature as the sufferings were of Mr. Galley and Mr. -Chater.” - -“But how monstrous and unnatural soever the facts here related appear, -yet they are certainly true: everything is related just in the manner -it was acted, without the least aggravation to set it off. I have set -down nothing but what the witnesses themselves declared upon their -oaths, except in some few circumstances which Steele declared on his -first examination, but was not examined upon his trial. And therefore, -upon the whole, I affirm that the following account is genuine and -authentic.” - -A reverend writer says: “In order to deter mankind from the -perpetration of notorious crimes, nothing can be so effectual as -to represent, in the most striking colours, the punishments that -naturally attend them. The fear of shame as often preserves a person -from the commission of a crime, as the expectation of a reward for his -continuing in the paths of virtue.” Mr. Pope also says, - - “Vice is a _Monster_ of such frightful mien, - As, to be hated, needs but to be seen.” - -These authorities, it is hoped, will be a sufficient apology for -reprinting the said History; and as the chief motive thereto is that -of serving the community, the editor humbly hopes it will meet with -due encouragement, more especially as such republication may justly be -considered as one means (among many others) of checking that audacious -spirit which now daily gains ground, by reminding those violators of -the laws, that, like Jackson and the other miscreants mentioned in -this work, they will most assuredly receive that just punishment their -crimes merit, if they continue their unlawful and wicked practices. On -the other hand, did they seriously consider the dreadful consequences -which frequently follow, they would shudder to think of them; they -would at once see and confess their own unworthiness; they would -be thoroughly sensible, that to answer the purposes of their Great -Creator, they should use their utmost endeavours to get an honest -livelihood in the stations to which they may respectively be called; -they would then be useful members of the community; and by such conduct -would avoid those dreadful horrors and most bitter pangs which for ever -haunt guilty minds. - -The better to attain these most desirable and salutary ends, parents, -guardians, and others who have the tuition of youth (we mean here -the youth of the poor and the illiterate in general) should now and -then take occasion to read, or cause to be read, to their servants, -etc., divers passages of this true history; at the same time make such -remarks and draw such inferences from them, as their own natural good -sense and experience might point out; and more especially they should -put them in mind that God, by the mouth of His servant Moses, expressly -declares, “He who sheddeth man’s blood, by man shall his blood be shed.” - -“I have drawn it up in the way of a Narrative, as the best method of -giving a full view of the whole affair. When that is over, I proceed -to give an account of their Trials; after which I conclude with their -lives, confessions, behaviour, and last dying words at the place of -execution. - -“I cannot omit to mention here, that Mr. Banks made a speech, -exceedingly eloquent and judicious, which drew the attention of the -whole court; and which he concluded with that wise saying of the wisest -of men, ‘That the mercies of the wicked are cruelties’; the truth of -which will evidently appear in the following pages.” - - - - - HISTORY OF THE SMUGGLERS. - - -In September, 1747, one John Diamond, otherwise Dymar, agreed with a -number of smugglers to go over to the Island of Guernsey, to smuggle -tea, where, having purchased a considerable quantity, on their return -in a cutter, were taken by one Capt. Johnson, who carried the vessel -and tea to the port of Poole, and lodged the tea in the Custom-house -there. - -The smugglers being very much incensed at this fatal miscarriage of -their purchase, resolved not to sit down contented with the loss; but, -on a consultation held among them, they agreed to go and take away the -tea from the warehouse where it was lodged. Accordingly, a body of -them, to the number of sixty, well armed, assembled in Charlton Forest, -and from thence proceeded on their enterprise; to accomplish which, -they agreed, that only thirty of them should go upon the attack, and -that the remaining thirty should be placed as scouts upon the different -roads, to watch the motions of the officers and soldiers, and to be -ready to assist or alarm the main body, in case any opposition should -be made. - -In the night time, between the 6th and 7th of October, they went to -Poole, about thirty only present, broke open the Custom-house, and took -away all the said tea, except one bag about five pounds. - -The next morning they returned with their booty through Fordingbridge, -in Hampshire, where some hundreds of people were assembled to view the -cavalcade. Among the spectators was Daniel Chater, a shoemaker (one of -the unhappy persons murdered) known to Diamond, one of the gang then -passing, as having formerly worked together in harvest time. Diamond -shook hands with him as he passed along, and threw him a bag of tea. - -His Majesty’s proclamation coming out with a promise of a reward -for apprehending those persons who were concerned in breaking open -the Custom-house at Poole, and Diamond being taken into custody at -Chichester, on a suspicion of being one of them, and Chater saying -in conversation with his neighbours, that he knew Diamond, and saw -him go by with the gang, the day after the Custom-house at Poole was -broken open, it came to the knowledge of Mr. Shearer, collector of the -Customs at the port of Southampton, when, after some things had passed -by letter, between him and Chater, he was ordered to send Mr. William -Galley (the other unfortunate person murdered) with Chater, with a -letter to Major Battin, a Justice of Peace for the county of Sussex, -the purport of which was, to desire the justice to take an examination -of Chater, in relation to what he knew of that affair; and whether he -could prove the identity of Diamond’s person. - -On Sunday, the 14th of February, they set out, and going for -Chichester, they called at Mr. Holton’s, at Havant, who was an -acquaintance of Chater’s; Holton asked Chater where they were going, -and Chater told him they were going to Chichester, to carry a letter to -Major Battin; when Mr. Holton told him the Major was at East Murden, -near Chichester, and directed him and Galley to go by Stanstead, near -Rowland’s Castle. Galley and Chater, pursuing their journey, and going -through Leigh, in the parish of Havant, in their way to Rowland’s -Castle, they called at the New Inn, and asking the nearest way, they -saw Mr. George Austin, and Mr. Thomas Austin, two brothers, and their -brother-in-law, Mr. Jenkes; when the elder brother, G. Austin, said -they were going the same way, and would shew them; and they all set out -together (Galley, Chater, and the rest being all on horseback); and -about 12 at noon came to the White Hart at Rowland’s Castle, a house -kept by one Elizabeth Payne, widow, who had two sons, both men grown, -and blacksmiths, and reputed smugglers, in the same village. After -calling for some rum, Mrs. Payne took Mr. George Austin aside, and told -him she was afraid these two strangers were come with intent to do some -injury to the smugglers. He replied he believed she need be under no -such apprehension on that account, for they were only carrying a letter -to Major Battin; and as he did not know the purport of it, he imagined -it was only about some common business. The circumstance, however, of -their having a letter for the Major, increased her suspicion; upon -which she sent one of her sons who was then in the house, for William -Jackson and William Carter, two of the murderers (as will appear -hereafter), who lived within a small distance of her house. While her -son was gone, Chater and Galley wanted to be going, and asked for their -horses; but Mrs. Payne told them, that the man was gone out with the -key of the stables, and would be at home presently, which words she -said in order to keep them till Jackson and Carter came, who lived -very near. As soon as Jackson came, who was there first, he ordered -a pot of hot to be made, and while that was getting ready Carter -came in; Mrs. Payne immediately took them aside, and told them her -suspicions concerning Chater and Galley, and likewise the circumstance -of a letter which they were carrying to Major Battin; and soon after -advised George Austin to go away about his business, telling him, as -she respected him, he had better go and not stay, lest he should come -to some harm; upon which he went away, and left his brother Thomas and -brother-in-law Mr. Jenkes there. - -During this time, Mrs. Payne’s other son came in, and finding there -were grounds to suspect that the two strangers were going to make -information against the smugglers, he went out and fetched in William -Steel (who was one of the King’s witnesses upon trial), and Samuel -Downer, otherwise Samuel Howard, otherwise Little Sam, Edmund Richards, -Henry Sheerman, otherwise Little Harry, all smugglers, and all -belonging to the same gang, and were indicted for the murder of Mr. -Galley, but not then taken. - -After they had drank a little while, Jackson took Chater into the -yard, and asked him how he did, and where Diamond was; Chater said he -believed he was in custody, but how he did he did not know; but that -he was going to appear against him, which he was sorry for, but he -could not help it. Galley soon after came into the yard to them, to get -Chater in again, suspecting that Jackson was persuading Chater not to -persist in giving information against the smugglers, and upon Galley’s -desiring Chater to come in, Jackson said, “G--d d--n your b--d, -what is that to you?” strikes him a blow in the face and knocks him -down, and set his nose and mouth a-bleeding; after which they all came -into the house, Jackson abusing Galley; when Galley said he was the -King’s officer, and could not put up with such usage; then Jackson -replied, “You a King’s officer! I’ll make a King’s officer of you; and -for a quartern of gin I’ll serve you so again;” and some time after -offering to strike him again, one of the Paynes interposed, and said, -“Don’t be such a fool, do you know what you are doing?” - -Galley and Chater began to be very uneasy, and wanted to be going; upon -which Jackson, Carter, and the rest of them persuaded them to stay -and drink more rum, and make it up, for they were sorry for what had -happened; when they all sat down together, Mr. Austin and Mr. Jenkes -being present. After they had sat a little while, Jackson and Carter -wanted to see the letter which Galley and Chater were carrying to -Major Battin; but they refused to show it; upon which they both made a -resolution they would see it. They then drank about pretty plentifully, -and made Galley, Chater, and Thomas Austin fuddled; when they persuaded -Galley and Chater to go into another room where there was a bed, and -lie down; which they did, and fell asleep; and then the letter was -taken out of one of their pockets, and brought into the kitchen, where -Carter or Kelly read it; and the contents of it being plainly a design -to promote an information against some of their gang, they immediately -entered into consultation what course to take on this occasion. Some -proposed one thing, some another; but all agreed in this, that the -letter should be first destroyed, and then they would consider what -to do with the men, in order to prevent their giving the intended -information. - -Before this, one John Race (who was also one of the King’s witnesses) -and Richard Kelly came in, when Jackson and Carter told them that they -had got the old rogue the shoemaker of Fordingbridge, who was going to -give an information against John Diamond, the shepherd, who was then in -custody at Chichester. Then they all consulted what was best to be done -with him and Galley, when William Steel proposed to take them both to -a well, a little way from the house, and to murder them and throw them -in. - -At this consultation were present only these seven smugglers; namely, -William Jackson, William Carter, William Steel, John Race, Samuel -Downer, Edmund Richards, and Henry Sheerman, and this proposal was -disagreed to, as they had been seen in their company by the Austins, -Mr. Jenkes, Mr. Garrat, Mr. Poate, and others who came into Payne’s -house to drink. This being disagreed to, another proposal was made, -which was, to take them away, and send them over to France; but that -was objected against, as there was a possibility of their coming over -again, and then they should be all known. At these consultations -Jackson and Carter’s wives were both present, and who both cried -out “Hang the dogs, for they came here to hang us.” Then another -proposition was made, which was that they should take them and carry -them to some place where they should be confined, till it was known -what would be the fate of Diamond, and in the mean time each of them to -allow threepence a week to subsist Galley and Chater; and that whatever -Diamond’s fate was, they determined that theirs should be the same. - -Galley and Chater continued all this while asleep upon the bed; then -Jackson went in and began the first scene of their cruelty; for having -first put on his spurs, he got upon the bed and spurred their foreheads -to awake them, and afterwards whipped them with a horsewhip, so that -when they came out into the kitchen, Chater was as bloody as Galley. -This done, all the abovesaid smugglers being present, they took them -out of the house, when Richards with a pistol cocked in his hand, swore -he would shoot any person through the head that should mention -anything of what was done, or what they had heard. - - [Illustration: Galley & Chater _falling off their Horse at_ - Woodash, _draggs thier Heads on the Ground, while the Horse kicks - them as he goes; the Smugglers still continuing thier brutish - Usage_.] - -When they were all come out of the house, Jackson returned with a -pistol in his hand, and asked for a belt, a strap, or string: but none -of the people in the house presumed to give him either; upon which he -returned to the rest of the gang, who were lifting Galley on a horse, -whose legs they tied under the horse’s belly; then they lifted Chater -on the same horse, and tied his legs under the horse’s belly, and then -tied their four legs together. - -All this time John Race was with them; but when they began to set -forward, Race said, “I cannot go with you for I have never a horse,” -and so stayed behind. - -They had not gone above a hundred yards, before Jackson called out -“Whip them, cut them, slash them, damn them”; and then all fell upon -them except the person who was leading the horse, which was Steel; for -the roads were so bad that they were forced to go very slow. - -They whipped them till they came to Wood’s Ashes, some with long whips -and some with short, lashing and cutting them over the head, face, -eyes and shoulders, till the poor men, unable any longer to bear the -anguish of their repeated blows, rolled from side to side, and at -last fell together with their heads under the horse’s belly; in which -posture every step the horse made, he struck one or the other of their -heads with his feet. This happened at Wood’s Ashes, which was more -than half a mile from the place where they began their whipping, and -had continued it all the way thither. When their cruel tormentors saw -the dismal effects of their barbarity, and that the poor creatures had -fallen under it, they sat them upright again in the same position as -they were before, and continued whipping them in the most cruel manner -over the head, face, shoulders, and everywhere, till they came beyond -Goodthorpe Dean, upwards of half a mile farther, the horse still going -a very slow pace; where they both fell again as before, with their -heads under the horse’s belly, and their heels up in the air. - -Now they found them so weak that they could not sit upon the horse at -all, upon which they separated them, and put Galley behind Steel, and -Chater behind Little Sam, and then whipped Galley so severely, that the -lashes coming upon Steel, he desired them to desist, crying out himself -that he could not bear it, upon which they desisted accordingly. All -the time they so continued to whip them, Jackson rode with a pistol -cocked, and swore as they went along through Dean, if they made any -noise he would blow their brains out. They then agreed to go up with -them to Harris’s Well near Lady Holt Park, where they swore they would -murder Galley; accordingly they took him off the horse and threatened -to throw him into the well. Upon which the poor unhappy man desired -them to dispatch him at once, or even throw him down the well, to put -an end to his misery. “No, G--d d--n your blood,” says Jackson, “if -that’s the case, we must have something more to say to you”; and then -put him on a horse again, and whipped him over the Downs till he was so -weak that he fell. - -Was ever cruelty like this! To deny a miserable wretch, who was half -dead with their blows and bruises, the wretched favour of a quick -dispatch out of his tortures! Could the devil himself have furnished a -more execrable invention to punish the wretched victims of his malice, -than to grant them life only to prolong their torments! - -Poor Galley not being able to sit on horseback any longer, Carter and -Jackson took him up and laid him across the saddle, with his breast -over the pommel, as a butcher does a calf, and Richards got up behind -him to hold him, and after carrying him in this manner above a mile, -Richards was tired of holding him, so let him down by the side of the -horse; and then Carter and Jackson put him upon the grey horse that -Steel had before rode upon; they set him up with his legs across the -saddle, and his body over the horse’s mane; and in this posture Jackson -held him on for half a mile, most of the way the poor man cried out -“Barbarous usage! barbarous usage! for God’s sake shoot me through the -head”; Jackson all the time squeezing his private parts. - -After going on in this manner upwards of a mile, Little Harry tied -Galley with a cord, and got up behind him, to hold him from falling -off; and when they had gone a little way in that manner, the poor man, -Galley, cried out “I fall, I fall, I fall”; and Little Harry, giving -him a shove as he was falling, said, “Fall and be d----d”; upon -which he fell down, and Steel said that they all thought he had broke -his neck, and was dead; but it must be presumed he was buried alive, -because when he was found, his hands covered his face, as if to keep -the dirt out of his eyes. - -Poor unhappy Galley! who can read the melancholy story of thy tragical -catastrophe without shedding tears at the sorrowful relation? What -variety of pains did thy body feel in every member of it, especially -by thy privy parts being so used? What extremity of anguish didst thou -groan under, so long as the small remains of life permitted thee to be -sensible of it! And after all, to be buried while life was yet in thee, -and to struggle with death even in thy wretched grave, what imagination -can form to itself a scene of greater horror, or more detestable -villainy? Sure thy murderers must be devils incarnate! for none but -the fiends of Hell could take pleasure in the torments of two unhappy -men, who had given them no offence, unless their endeavouring to serve -their king and country may be deemed such. This indeed was the plea of -these vile miscreants; but a very bad plea it was to support as bad a -cause. But such is the depravity of human nature, that when a man once -abandons himself to all manner of wickedness, he sets no bounds to his -passions, his conscience is seared, every tender sentiment is lost, -reason is no more, and he has nothing left him of the man but the form. - -We forgot to mention in its proper place that in order to make their -whipping the more severely felt, they pulled off Galley’s great coat, -which was found in the road next morning all bloody. - -They, supposing Galley was dead, laid him across a horse, two of the -smugglers, one on each side, holding him to prevent his falling, while -the third led the horse, and as they were going up a dirty lane, -Jackson said, “Stop at the swing gate beyond the water till we return, -and we will go and seek for a place to carry them both to;” when he -and Carter went to the house of one Pescod, who had been a reputed -smuggler, and knocked at the door. The daughter came down, when they -said they had got two men whom they wanted to bring to the house. The -girl told them her father was ill, and had been so for some time, and -that there was no conveniency for them, nor any body to look after -them; and they insisting that she should go up and ask him, she did, -and brought down word that her father would suffer nobody to be brought -there, be they who they would; upon which they returned to the rest. - -Though this Pescod was (as I have observed) a reputed smuggler, and -therefore these fellows supposed he would give them harbour upon this -occasion, yet it does not appear that he had gone such lengths as -the rest of them had done; for if he had, he would not have refused -admitting them at any hour of the night, notwithstanding his illness; -but he imagining they were upon some villainous expedition, resolved -to have no hand in it, or have his name brought in question on that -account. But to proceed. - -By this time it was between one and two in the morning, when they -agreed to go to one Scardefield’s at the Red Lion at Rake, which was -not far from them. When they came there, they knocked at the door, but -the family being all in bed, Scardefield looked out of the window, and -asked who was there. Carter and Jackson told him who they were, and -desired him to get up, for they wanted something to drink, and there -were more company coming; Scardefield refused several times, but they -pressing him very hard, he put on his clothes and came down, and let -them in after many times refusing. - -As soon as he was down, and had let Steel, Jackson, Carter and Richards -in, he made a fire in the parlour, and then went to draw some liquor, -while he was doing which he heard more company come in; and he going -into the brewhouse saw something lie upon the ground like a dead man. -They then sent him to fetch them some rum and some gin, and while he -was gone for the same, they had got poor Chater into the parlour, and -on his bringing the liquor, they refused to let him in; but he saw a -man, he says, stand up very bloody, whom he supposed to be Chater. They -told him, Scardefield, that they had an engagement with some officers, -and had lost their tea, and were afraid that several of their people -were killed; which they probably said, as well to conceal their murder -of Galley, as to account for Chater’s being bloody. - -All this time poor Mr. Chater was in expectation every moment of being -killed, and indeed, when I am speaking of it, my heart bleeds for his -sufferings; but they sent him now out of the way, for Jackson and -Little Harry carried him down to Old Mills’s, which was not far off, -and then returned again to the company. - -After they had drank pretty plentifully, they all went out, taking -Galley, or his corpse, if he was quite dead, with them; when Carter -and Richards returned to Scardefield’s, and asked him if he could find -the place out where they had some time before lodged some goods; and -he said he believed he could, but could not go then. But Richards and -Carter insisted he should; and then Carter took a candle and lantern, -and borrowed a spade, and they went together, and had not gone far -when they came to the rest, who were waiting; and then Scardefield saw -something lie across a horse, which he thought looked like the dead -body of a man; and then Little Sam having a spade, began to dig a hole, -and it being a very cold morning, he helped, but did not know what it -was for; and in this hole they buried poor Mr. Galley. - -They then returned to Scardefield’s, and sat carousing the best part of -Monday, having, as Jackson told them, secured Chater. - - [Illustration: _William Galley, brought cross a Horse to a Sand Pit - where a deep Hole is Dug to Bury him in._] - - [Illustration: _The unfortunate William Galley put by the Smugglers - into the Ground &c. as is generally believed before he was quite - DEAD._] - -This Scardefield was formerly thought to have been concerned with -the smugglers; and as he kept a public-house, they thought they might -take any liberties with him. And it seems evident, by what they did -after they had gained admission, that they only wanted a convenient -place to consult at leisure what course to pursue on this occasion. -They had two prisoners, one of whom they supposed they had already -murdered, whose body they must dispose of in some manner or other. The -other, though yet living, they resolved should undergo the same fate, -but by what means it does not appear they had yet agreed. The better -to blind Scardefield, whom they did not care to let into the secret of -their bloody scheme, and likewise to give some colourable pretence for -what his own eyes had been witness to (a dead corpse in his brewhouse, -and a man all over blood standing in his parlour), they tell him a -plausible story of an engagement they had with the king’s officers. -Now whether Scardefield gave entire credit to what they told him, or -whether he really suspected what they were upon, did not appear from -the evidence. This, however, is certain, that he went with them to the -place, and assisted them in burying the body of Galley; and therefore -one would imagine he could not be entirely ignorant of what they were -doing. But as he was one of the witnesses by which this iniquity was -brought to light, and as he was likewise a person of fair character, -we shall forbear saying any thing that may seem to throw a slur on his -reputation. - -But now we must return to the melancholy story of the unfortunate man, -unhappy in the hands of the most cruel wretches surely ever breathing. - -While they were sitting at Scardefield’s, consulting together what -they were to do next, Richard Mills came by; this Richard was the son -of old Richard Mills, to whose house they had conveyed Chater for his -better security, till they had resolved what to do with him. When they -saw young Mills they called him in, and related to him in what manner -they had treated Chater, who was going to make information against -their friend Diamond, the shepherd, and that in their way they came -by a precipice thirty feet deep. To this Mills made answer, that if -he had been there he would have called a council of war, and thrown -him down headlong. So it seems as if cruelty was the ruling principle -among the whole body of smugglers, and that nothing less than death -or destruction of all those they deemed their adversaries--that is, -all such as endeavoured to prevent or interrupt them in the pernicious -trade of smuggling--would content them. - -They continued drinking at Scardefield’s all that day, which was -Monday, Chater being chained all the while by the leg, with an iron -chain about three yards long, in a place belonging to old Mills, called -a skilling, which is what they lay turf up in, and looked after by -little Harry and old Mills; and in the dead of that night they agreed -to go home separately, and to rally up some more of their gang, and to -meet at Scardefield’s on Wednesday. - -Their design in this was, that they might appear at their own homes on -Tuesday morning early, so that their neighbours might have no suspicion -of what they had been about, or of what they had in hand still to do, -and likewise to consult with the rest of the gang what was best to be -done. - -They all met at Scardefield’s on Wednesday evening according to -appointment; that is, William Jackson, William Carter, William Steel -(one of the king’s witnesses), Edmund Richards, of Long Coppice, in -the parish of Walderton, in the County of Sussex, and Samuel Howard, -otherwise Little Sam, of Rowland’s Castle, in the county of Hants, who -were five of the six concerned in the murder of Galley, as has been -before related. Also John Cobby, William Hammond, Benjamin Tapner, -Thomas Stringer, of the city of Chichester, cordwainer, Daniel Perryer, -otherwise Little Daniel, of Norton, and John Mills, of Trotton, both in -the county of Sussex, and Thomas Willis, commonly called the Coachman, -of Selbourne, near Liphook, in the county of Hants, Richard Mills, -jun., and John Race (another King’s witness), being fourteen in number; -Richard Mills, sen., and Henry Sheerman, alias Little Harry, stayed at -home to take care of Chater, in whose custody they had left him. They -dropped in one after another, as if by accident, so that it was late -in the night before they were all got together. Being all of them at -last come in, they entered upon the business for which they were then -met, namely, to consult coolly and sedately what was to be done with -Chater, that is, how to dispatch him in such a manner as would be least -liable to discovery; for that he must be destroyed, had been already -unanimously determined, as the only method they could think of to -prevent his telling tales about Galley. Thus, when a course of villainy -is once begun, it is impossible to say where it will end; one crime -brings on another, and that treads on the heels of a third, till at -length both the innocent and the guilty are swept away into the gulf of -destruction. - -I cannot pass in silence, without making mention of the readiness old -Mills shewed when they brought poor Chater first down to his house; for -he fetched them victuals and drink, and they all eat and drank, except -Chater, who could not eat, but vomited very much. - -After they had debated the matter some time among them, Richard Mills, -jun., proposed this method: “As Chater is already chained to a post, -let us,” said he, “load a gun with two or three bullets, lay it upon a -stand, with the muzzle of the piece levelled at his head, and, after -having tied a long string to the trigger, we will all go to the butt -end, and, each of us taking hold of the string, pull it together; thus -we shall be all equally guilty of his death, and it will be impossible -for any one of us to charge the rest with his murder, without accusing -himself of the same crime; and none can pretend to lessen or mitigate -their guilt by saying they were only accessories, since all will be -principals.” But some, more infernally barbarous than the rest (but -who, the witness Steel could not recollect), objected to this proposal -as too expeditious a method of dispatching him, and that it would put -him out of his misery too soon; for they were resolved that he should -suffer as much and as long as they could make his life last, as a -terror to all such informing rogues (as they termed it) for the future. - -This proposal being rejected, another was offered and agreed to, and -that was--to go to old Major Mills, and fetch him away from thence, -and carry him up to Harris’s Well, near Lady Holt Park, and throw -him in there, as they intended to have done with Galley, as the most -effectual method to secrete the murder from the knowledge of the world; -forgetting that the eye of Providence was constantly upon them, watched -all their motions, and would certainly, one day or other, bring to -light their deeds of darkness; and that Divine Justice never forgets -the cries of the oppressed, but will, in due time, retaliate the -cruelties exercised on the innocent, on the heads of their inexorable -tormentors. - -All this while the unhappy Chater remained in the most deplorable -situation that ever miserable wretch was confined to; his mind full -of horror, and his body all over pain and anguish with the blows and -scourges they had given him, and every moment in expectation of worse -treatment than he had yet met with, without any sustenance to support -his wretched life, than now and then a little bread and water, and -once some pease porridge. Besides all this, he was continually visited -by one or other of them, not to comfort or relieve him with words of -kindness, or promises of better usage; not to refresh him with cordials -or agreeable nourishment, but to renew their cruel exercise of beating -and abusing him, and to swear and upbraid him in the vilest terms and -the most scurrilous language that their tongues could utter. - -Having at length concluded what to do with their poor unhappy prisoner, -they all went down to Old Mills’s, where they immediately opened a -fresh scene of barbarity. For as soon as they came in, Tapner, Cobby, -and some others of them, went directly into the turf-house, where they -found Chater in the most piteous condition, enough to melt a heart not -made of stone into compassion; but was so far from moving the pity of -these merciless bloodhounds, that it only served them as a fresh motive -to renew their cruelties, and aggravate his afflictions. Tapner, in -particular, immediately pulled out a large clasp knife, and expressed -himself in this horrible manner: “G--d d--n your b--d, down on your -knees and go to prayers, for with this knife I will be your butcher.” -The poor man being terrified at this dreadful menace, and expecting -that every moment would be his last, knelt down upon a turf, as he -was ordered, and lifted up his heart and hands to Heaven, in the best -manner that his pains and anguish would suffer him; and while he was -thus piously offering up his prayers to God, Cobby got behind him, and -kicked him, and with the most bitter taunts, upbraided him for being an -informing villain. Chater suffered all his torments with great patience -and resignation; and though there was scarce a limb or a joint of him -free from the most excruciating pains, yet in the midst of all he did -not forget his friend Galley, and believing that he was either dead or -very near it, he begged they would tell him what they had done with -him. Tapner replied, “D--n you, we have killed him, and we will do so -by you”; and then, without more ado, or any other provocation, drew his -knife aslant over his eyes and nose, with such violence, that he almost -cut both his eyes out, and the gristle of his nose quite through. Poor -Chater was absolutely at his mercy, for it was not in his power to make -any resistance; his great and only comfort was that he suffered in a -righteous cause, and supported with this consideration, he resigned -himself to the will of heaven, which he was persuaded took cognizance -of his sufferings, and would reward his tormentors according to their -demerits. - -Tapner, however, not satisfied with this wanton act of cruelty, in -another fit of frenzy, aimed another stroke at his face, designing -to cut him again in the same wound; but happening to strike a little -higher, made a terrible gash across his forehead, from which the blood -flowed in abundance. What a lamentable figure must the poor creature -make! His face deeply furrowed with the most ghastly wounds, his eyes -cut almost out of his head, and the blood running down in torrents -upon the rest of his body. What a spectacle was here! yet not -miserable enough to move the compassion of these bloodthirsty tigers! -Old Mills, however, not from any pity, or that his heart relented at -the terrible condition of this deplorable object, but apprehending bad -consequences to himself, in case he should die under their hands, and -under his roof, said to them, “Take him away, and do not murder him -here, but murder him somewhere else.” - - [Illustration: _Chater, Chained in y^e Turff House at Old Mills’s. - Cobby, kicking him & Tapner, cutting him Cross y^e Eyes & Nose, while - he is saying the Lords Prayer. Several of y^e other Smugglers standing - by._] - -It is surprising that this poor miserable man, who was far advanced -in years, had strength and vigour enough to sustain such a variety of -torments, which were inflicted upon him, almost without intermission, -for several days successively; yet even after this last act of -barbarity, he had more severe trials to come before he was suffered -to part with his wearisome life. And as the last scene of this woful -tragedy appears more astonishing and more monstrous than anything -they had hitherto transacted, we shall give a very particular and -circumstantial account of everything that was done on this sad -occasion. Being all agreed in the measures they were about to take, -they mounted Chater on a horse, and set out together for Harris’s -Well. Mills, however, and his two sons, stayed behind, desiring to -be excused, because their horses were not in the way; or they would -readily have borne them company on the occasion if they could, for they -were as hearty in the same cause as the best of them. Besides, there -was no great necessity for their assistance, since there were enough -of them, as the Mills’s said, to kill one man; and as Harris’s Well -lay just in their way homewards, the execution would be little or no -hindrance to them in their journey. - -Everything being now settled, they proceeded towards the well. Tapner, -however, more cruel, if possible than the rest, fell to whipping poor -Chater again over his face and eyes, and made his wounds, which he had -before given him with his murdering knife, bleed afresh; and, what was -still more amazing, swore, “That if he blooded his saddle” (for it -seems Chater was set upon his horse) “he would destroy him that moment -and send his soul to Hell:” which is such an unparalleled instance of -barbarity, that one would think it impossible that there should be a -creature living, that pretends to reason, and would be ranked among -men, could be guilty of. What! to threaten to murder a man for a thing -which was not in his power to avoid, and which the villain himself was -the sole occasion of! Horrible, shocking wickedness! but let us proceed -in our melancholy story. - -At last poor Chater, in this disfigured lamentable condition, is -brought to the well. By the time they got there, it was the very dead -of night, and so near the middle of it, that it was uncertain whether -it was Wednesday night or Thursday morning. The well was between -twenty and thirty feet deep, without water, and paled round at a small -distance to keep the cattle from falling in. Being come up to the -pales, they dismounted Chater, and Tapner, taking a cord out of his -pocket which he had brought for that purpose, made a noose in it and -then fastened it round his neck. This being done, they bade him get -over the pales to the well. The poor man observing a small opening, -where a pale or two had been broken away, made an attempt to go -through; but that was a favour too great to be allowed to so heinous an -offender, as it seems poor Chater was in their opinion; and therefore -one of them swore he should get over in the condition he was and -with the rope about his neck, all over blood, his wounds gaping and -himself extremely weak and ready to faint through loss of blood; yet in -this miserable plight these cruel executioners obliged him to get over -the pales as well as he could. - - [Illustration: _Chater hanging at the Well in LADY HOLT Park - the Bloody Villains Standing by._] - - [Illustration: _The Bloody Smugglers flinging down Stones after they - had flung his Dead Body into the Well._] - -With a great deal of difficulty he got over the pales, when he found -himself just upon the brink of the well, the pales standing very near -to it. Being over, Tapner took hold of the rope which was fastened to -Chater’s neck, and tied it to the rail of the pales where the opening -was, for the well had neither kerb, lid nor roller. When the rope was -thus fixed to the rail, they all got over to him and pushed him into -the well; but the rope being of no great length, would not suffer his -body to hang lower than knee-deep in it; so that the rest of his body, -from his knees upwards, appeared above the well, bending towards the -pales, being held in that position by the rope that was tied to the -rail. But as in this posture he hung leaning against the side of the -well, the weight of his body was not of sufficient force to strangle -him presently. For his inhuman executioners, whether wearied with -tormenting him so long or whether they wanted to get home to their -several places we cannot say, but they seemed now resolved to dispatch -him as soon as they could. - -After they had waited about a quarter of an hour, and perceiving by the -struggles he made that he would be a considerable time in dying, they -altered the method of his execution. Thomas Stringer therefore, with -the assistance of Cobby and Hammond, pulled his legs out of the well, -and Tapner untying the cord that was fastened to the rail, his head -fell down upon the ground, and then, bringing it round to the well, put -it in. Then Stringer, who had hold of his legs, assisted by Cobby and -Hammond, let them go, and the body fell head foremost into the well. - -Now one would think they had entirely finished this tragedy and that -this miserable creature was quite out of his misery, and beyond the -reach of any further injury. No, he had yet some further remains of -life in him, and while he had any sense left, he must feel the exercise -of their cruelty. - -After they had thrown the body into the well, they stood by it some -time; and it being the dead of night and every thing still, they heard -him breathe or groan, and from thence being assured that he was still -alive, and that if they should leave him in that condition somebody -accidentally passing that way might possibly hear him; and in that -case if the man should be relieved and brought to life again, the -consciousness of their own horrid crimes and the enormous barbarities -they had exercised upon him and Galley, told them that they would -certainly be discovered, and then they knew they were dead men. - -Upon which they immediately came to a resolution to procure a ladder -that should reach to the bottom of the well, and one of them would go -down by it and dispatch him at once. Accordingly they went to William -Combleach, a gardener, who lived but a little way off, and knocked him -up, telling him that one of their companions was fallen into Harris’s -Well and begged the favour he would lend them a ladder and a rope to -get him out again. Combleach knowing nothing more of the matter but -what they had told him, lent them the ladder, and they carried it to -the well. Having brought it to the pales, whether through the surprise -and confusion they were in or the dread and horror that might have -seized their minds from the consideration of the dreadful work they -were about, or from what other cause is uncertain, they had not all of -them power sufficient to raise the ladder high enough to get it over -the pales, it being a very long one, though there were six of them -employed in doing it, namely, Stringer, Steel, Perryer, Hammond, Cobby -and Tapner. - -When they had tried some time, and found all their efforts ineffectual -to raise the ladder, they left it upon the ground, and went again to -the well side to listen, and hearing the poor man still groaning, they -were at a stand what they should do to put a quick end to the life of -the miserable creature. But recollecting themselves, they hunted about -for something heavy to throw in upon him, and found two logs of wood -that had been gate-posts, which they threw into the well; and being -resolved to do the business effectually, got together as many great -stones as they could find, and threw them in likewise. And now they -thought they had done his business, and they were undoubtedly right in -their guess, for on listening again they could hear nothing of him; -and therefore, concluding he was dead, as most certainly he was, they -mounted their horses and went to their respective homes. - -Thus are we brought to the fatal and final catastrophe of the unhappy -Chater, and whoever seriously reflect on the cause for which he -suffered, the torments he underwent, the variety of punishments with -which he was continually exercised, from the time he set out from -Rowland’s Castle till he finished his miseries in Harris’s Well, -which was from Sunday afternoon to the dead of the night between the -Wednesday and Thursday following, must feel their hearts melt with -compassion, and in some measure be sensible of the variegated pains -and tortures with which the poor creature was constantly racked and -torn during this time. But who can think on his tormentors without -horror and detestation? Bloody villains! had you thought that his -death was absolutely necessary to secure your own lives, could you -not have dispatched him at once, without exercising such a variety of -merciless cruelties upon him? It is true, even in this case you would -not have been excused, because you would have slain him while he was -actually discharging his duty to his country, that is, endeavouring to -detect and to bring to punishment wretches that live only by rapine -and the plunder of the public. I say, had this been the case, and upon -meeting him on the road you had shot him through the head, merely to -prevent his bringing you to that righteous judgment which your country -has since passed upon you, it might have been some mitigation of your -crime; but to torture and to destroy a man by inches, to be constantly -afflicting and lacerating his body for so many days together with every -cruelty that malice itself could suggest; this surely must convince -mankind that some malicious demon had taken possession of your souls, -and banished every sentiment of humanity from your hardened hearts. - -But let us now proceed to those other matters which we promised to -give an account of. The first thing we shall mention ought indeed to -have been taken notice of before, but we were not willing to interrupt -the story of Chater till we had brought him to the last stage of his -sufferings, and his final destruction in this world. - -When these miscreants had brought their unhappy victim within about two -hundred yards of the well, Jackson and Carter stayed behind and bid -Tapner, Cobby, Stringer, Steel, Perryer and Hammond go forward and -do their business. “You,” says Jackson, “go and do your duty and kill -Chater, as we have done ours in killing Galley, and then there will be -a final end of the two informing rogues”; for Hammond, Stringer, Cobby, -Tapner and Perryer were neither of them concerned in the murder of -Galley, who was killed on Sunday night, or early on Monday morning, as -before mentioned, of which they were entirely ignorant, till informed -by Jackson, Carter, Little Harry, Richards, Steel and Little Sam. - -But though these wretches had perpetrated the murders of these two -unhappy men with such secrecy (notwithstanding they had them so long -in hold) that they thought it next to impossible that they should -ever be discovered, unless they had traitors among themselves; yet -they were sensible that there were two witnesses still living, which, -though dumb, would certainly render them suspected, if suffered to -survive their masters; and these were the two horses that belonged to -Galley and Chater; and therefore a consultation was held what was best -to be done with them. Some were for turning them adrift in a large -wood, where they might range about a long while before they could be -owned. But others alleged that whenever they were found, they would -undoubtedly soon be known to belong to the rightful owners, and as -Galley and Chater might possibly have been seen riding upon them in -their company but a very little before these men were missing, some -curious people might imagine they were, some way or other, concerned -in conveying them away; to prevent which, let us, said they, put them -on board the first French vessel that shall bring goods on the coast -and send them to France. This however, was objected to, as liable to -some miscarriage; and therefore, after much debate, it was unanimously -agreed to knock them on the head at once, and then take their skins -off. Accordingly they killed the horse which Galley rode on, which was -a grey, and having flayed him, cut his hide into small bits, which they -disposed of in such a manner, that it was impossible for any discovery -to be made from thence. As to the horse which Chater rode on, which was -a bay, when they came to look for him they could not find him, for he -had got away, and not long after was delivered to his owner; but the -grey, which Mr. Shearer, of Southampton, had hired for Mr. Galley, and -which they had now killed, he was obliged to pay for. - -Thus we have given a full and circumstantial account of all the -particulars relating to the murders of these two unhappy men, whose -misfortune it was to fall into the hands of these savage brutes. But -as Providence seldom suffers such atrocious crimes to go undiscovered -or unpunished even in this world, so in this case, though the Divine -justice seemed dormant for a while, yet the eye of Providence was not -asleep, but was still watching their motions and taking the necessary -steps to bring to light these horrible deeds of darkness, and to punish -the perpetrators of such abominable wickedness in the most exemplary -manner. - -The first thing that gave occasion to suspect that some such misfortune -as above related had befallen these men was that they did not return -in the time which it was reasonable to suppose they might have done, -from Major Battin’s, to whom Mr. Shearer had sent them with a letter, -as before related. Another circumstance that served to strengthen the -suspicion that they had fallen into the hands of the smugglers, who -had privately made away with or destroyed them, was that exactly at -the time when they were sent on the abovesaid message, the great coat -of Mr. Galley was found on the road very bloody. This circumstance the -reader will remember we mentioned when we gave an account of their -first setting out from Rowland’s Castle, when these tormenters began -their cruel discipline of whipping, and that they pulled off Galley’s -great coat, that he might the more sensibly feel their lashes. - -The long absence of these men from their homes, and the reasons there -were to conclude that the smugglers had either murdered them or sent -them to France, being laid before the commissioners of the customs, a -proclamation was immediately ordered, offering a reward to anyone who -should discover what was become of them, with his Majesty’s pardon -to such discoverer. However, six or seven months passed before the -Government could get the least light into the affair; and then a full -discovery was gradually made by the following means. - -One of the persons who had been a witness to some of the transactions -of this bloody tragedy, and knew of the death of either Galley or -Chater, and where one was buried, though he was no way concerned in the -murder, sent an anonymous letter to a person of distinction, wherein -he intimated that he thought the body of one of the unfortunate men -mentioned in his Majesty’s proclamation was buried in the sands in a -certain place near Rake (but for some particular reason did not think -it prudent to make himself known); whereupon some people went in -search, where they found the corpse of Galley buried; and the reason -why it is supposed he was buried alive, they found him standing almost -upright, with his hands covering his eyes. - -The discovery being made by this letter, another letter was sent, -wherein an account was given that one William Steel, otherwise -Hardware, was one concerned in the murder of the man that was found -buried in the sands, and mention was made therein where they might -find him, and he was accordingly taken into custody; when he offered -himself to be an evidence for the King, and to make a full discovery -and disclosure of the whole wicked transaction, and of all the persons -concerned therein. - -Steel being now in custody, he gave an account of the murder of Galley, -and further informed in what manner Chater was murdered and thrown into -Harris’s Well; whither messengers being likewise sent, and one of them -let down into the well, the body was found with a rope about his neck, -his eyes appeared to have been cut or picked out of his head, and his -boots and spurs on. They got his body out of the well with only one leg -on; the other was brought up by itself, with the boot and spur on it, -which, it is supposed, was occasioned by his fall down the well, or -else by throwing the logs of wood and stones upon him. - -But Steel did not only give information of all the particulars of this -transcendent wickedness, but likewise acquainted the justice with the -names of the principal actors in it; pursuant to which, warrants were -immediately issued, and several of them taken in a short time, and -committed to gaol. - -John Race, who was another of the King’s witnesses, and concerned with -them at the beginning of the affair at Rowland’s Castle, came in and -voluntarily surrendered himself, and was admitted an evidence, as Steel -had been. - -Hammond was taken the beginning of October, and being carried before -two magistrates, and it appearing that he was privy to, and concerned -in, the murder of Chater, and throwing him into a well near Harting, in -the County of Sussex, was committed to Horsham gaol. - -John Cobby, being likewise apprehended, was committed to Horsham gaol -the 18th of the same month, and for the same crime of murdering Chater. - -Benjamin Tapner was also committed to the same gaol the 16th of -November following, and on his own confession, of murdering Chater in -the manner above stated. He was betrayed by his master, one T--ff, a -shoemaker in Chichester, of whom we shall have occasion to speak more -at large when we come to give an account of the life of Tapner. - -Richard Mills, jun., was apprehended in Sussex, with George Spencer, -Richard Payne and Thomas Reoff, about the 16th of August, 1748; and -being all brought together under a strong guard to Southwark, were -carried before Justice Hammond, who committed them all to the county -gaol of Surrey, for being concerned with divers other persons armed -with firearms, in running uncustomed goods, and for not surrendering -themselves after publication in the _London Gazette_. - -And on the 5th day of October, Richard Mills was detained in the -said gaol, by virtue of a warrant under the hand and seal of Justice -Hammond, for being concerned in the murder of William Galley and Daniel -Chater, whose bodies had a little before been found, as has been -related. - -William Jackson and William Chater were taken November the 14th, near -Godalming in Surrey, and brought up to London under a strong guard -the 17th November; and being carried before Justice Poulson in Covent -Garden, were, after examination, committed to Newgate, for being -concerned with divers other persons in running uncustomed goods, and -for not surrendering after publication in the _London Gazette_. - -Old Richard Mills, notwithstanding he knew that all these were taken, -and that warrants were out against Henry Sheerman, otherwise Little -Harry, of Leigh, near Warblington, labourer; Edmund Richards, of -Long Coppice, in the Parish of Walderton, labourer; Thomas Stringer, -of Chichester, cordwainer; Daniel Perryer, otherwise Little Daniel, -of Norton, labourer; and John Mills (his other son), of Trotton, -labourer; all which places are in the county of Sussex; as also -against Thomas Willis, commonly called the Coachman, of Selbourne, -near Liphook; and Samuel Howard, otherwise Little Sam, of Rowland’s -Castle, labourer; both in the county of Hants; for being concerned -with the others before-mentioned, in the murders of Galley and Chater, -yet he continued at home, never absconding, thinking himself quite -safe, as he knew nothing of the murder of Galley, and as to that of -Chater, he was seemingly very easy, as he was not murdered in his -house, nor he present when the wicked deed was done: but Steel having -given an account in his information of the whole affair, which was -laid before the Attorney General, that old Major Mills was concerned, -as has been before related, by keeping the poor man chained in his -skilling or turf-house; and that he was present when they all came -down from Scardefield’s, and told him they were come to take Chater -up to Harris’s Well, where they intended to murder him, and fling -him into it; as likewise that he was present in the turf-house when -Tapner cut Chater across his eyes, nose and forehead; and that he did -express these words, “Don’t murder him here; take him somewhere else -and do it,” it was thought necessary to apprehend him, and accordingly -on the 16th of December he was taken, committed to Horsham gaol as -being accessary to the murder of Daniel Chater, before the same was -committed, and concealing the same; which offence subjects the person -so guilty to be hanged. - -Combleach, the gardener, who lent them the ladder and rope to get -Chater out of the well, when they found that he was not quite dead, -having been heard to say, that some of the persons in custody had -told him they had murdered two informers against the smugglers, it -was thought proper to take him up and examine him, in expectation of -some further discoveries; but when Combleach was brought before the -magistrates, he refused to give satisfactory answers to the questions -asked him, and idly and obstinately denied all that was sworn against -him, whereupon he was committed to Horsham gaol on suspicion of being -concerned in the murder of Chater. - -The smugglers had reigned a long time uncontrolled; the officers of -the customs were too few to encounter them; they rode in troops to -fetch their goods, and carried them off in triumph by day-light; nay, -so audacious were they grown, that they were not afraid of regular -troops, that were sent into the country to keep them in awe; of which -we had several instances. If any one of them happened to be taken, -and the proof ever so clear against him, no magistrate in the county -durst commit him to gaol; if he did, he was sure to have his house or -barns set on fire, or some other mischief done him, if he was so happy -to escape with his life, which has been the occasion of their being -brought to London to be committed. But for a man to inform against -them, the most cruel death was his undoubted portion; of which we -already have given two melancholy instances, and could produce more; -one especially is so very notorious, that we shall make a little -digression, and relate a few particulars of it, and reserve a more -circumstantial account till the trials of these cruel villains are -over, who were the horrid perpetrators of it. - -Richard Hawkins, of Yapton, in the county of Sussex, labourer, being at -work in a barn, two of their gang, in January 1747–8, came to the barn -in the said Parish of Yapton, where the poor man was threshing corn. - -The names of the two men who came to him were Jeremiah Curtis, of -Hawkhurst, in Kent, butcher, and John Mills, of Trotton, in Sussex, -labourer (this last one of those who were concerned in the murder of -Chater, and who is not yet taken), and having found Hawkins at work, -as before mentioned, they told him that he must go along with them; -and on his showing some reluctance to comply with their commands, they -swore they would shoot him through the head that instant if he did not -come away without any more words. Poor Hawkins being terrified at their -threats, put on his clothes, and went along with them to the sign of -the Dog and Partridge, an alehouse, on Slindon Common, and going into -a back room, he saw Thomas Winter, of Poling, near Arundel, and one -called Rob, or Little Fat Back, servant to Jeremiah Curtis, who lived -in or near East Grinstead. In the back room these two were waiting for -them. This was in the afternoon, and having kept Hawkins there till -about twelve o’clock at night, took him away; but whither they carried, -or what they did with him, was not known for a long time; for the man -was not seen, nor heard of, till the body was found in a pond in Parham -Park, belonging to Sir Cecil Bishop, in Sussex, upwards of nine months -afterwards; and the coroner’s inquest, having sat on the body, they -brought in their verdict of wilful murder by persons unknown. - -The only reason these villains had to commit this murder on the poor -wretch, who left behind a wife and many children, was, on a supposition -only, that he had concealed a small bag of tea from them; for they had -lodged a quantity of run tea near the barn where the man worked, and -when they came to look for it, missed one bag, and imagined he had -taken it away; though the villains, on a second search, after they had -murdered the man, found the bag of tea where they had hid it, and had -overlooked it before. - -This murder in itself was as barbarous as that of Mr. Galley; for they -made him go with them upwards of ten miles, all the way whipping him, -and beating him with the handles of their whips till they had killed -him, and then tied stones to his legs and arms and flung him into the -pond, which kept the body under water. - -These terrible executions, committed by the smugglers on these poor -men, and the dreadful menaces which they uttered against any person -that should presume to interrupt them, so terrified the people -everywhere, that scarce anybody durst look at them as they passed -in large bodies in open day-light. And the custom officers were so -intimidated, that hardly any of them had courage enough to go on their -duty. Some of them they knew they had already sent to France, others -had been killed or wounded in opposing them, and Galley, in particular, -had been inhumanly murdered by them: so that not only the honest trader -suffered by the running of prodigious quantities of goods, which were -sold again at a rate that he could not buy them at, unless he traded -with them; but the King’s revenue was considerably lessened by this -smuggling traffic. - -It is no wonder, indeed, that when once a set of men commenced as -smugglers, that they should go on to commit the vilest excesses; for -when a man has wrought himself into a firm persuasion that it is no -crime to rob his King or his country, the transition is easy to the -belief, that it is no sin to plunder or destroy his neighbour; and -therefore we need not be much surprised that so many of the smugglers -have turned highwaymen, housebreakers, and incendiaries, of which we -have had but too many instances of late. - -The body of the smugglers was now increased to a prodigious number, and -the mischiefs they did where-ever they came, at least wherever they met -with opposition, were so enormous, that the whole country was afraid -of them; and even the government itself began to be alarmed, and to -apprehend consequences that might be fatal to the public peace, in case -a speedy check was not put to their audacious proceedings. His Majesty, -therefore, being perfectly informed of their notorious villainies, and -informations being given of many of the names of the most desperate -of their gangs, particularly those who broke open the custom-house -at Poole, issued a proclamation, with lists of their several names, -declaring, that unless they surrendered themselves to justice at a -day appointed, they should be outlawed, and out of the protection of -the laws of their country; promising a reward of £500, to be paid by -the commissioners of the customs, for the apprehension of every one -who should be taken, and convicted in pursuance thereof. This, in -great measure, has had the desired effect, and several of them have -been apprehended, tried, convicted and executed, which was the only -satisfaction they could make to public justice. But to return from this -digression. - -Seven of the notorious villains, who had confederated in the murder of -Galley and Chater, being apprehended by the diligence of Government, -the noblemen and gentlemen of Sussex, being desirous of making public -examples of such horrible offenders, and to terrify others from -committing the same crimes, requested his Majesty to grant a special -commission to hold an assize on purpose to try them; and represented -that as Chichester was a city sufficiently large to entertain the -judges and all their train, and as it was contiguous to the place where -the murders were committed, they thought it the most proper place for -the assizes to be held. Accordingly a commission passed the seals to -hold a special assize there the 16th day of January, 1748–9. - -On Monday, January 9th, 1748–9, Jackson and Carter were removed from -Newgate, as also Richard Mills, jun., from the New Gaol in Surrey, -under a strong guard, to Horsham, in their way to Chichester. When they -came to Horsham, the other five prisoners, viz., Richard Mills, sen., -Benjamin Tapner, John Hammond, John Cobby and William Combleach (the -latter committed only on suspicion), who were already in that gaol, -were all put in a waggon, and conveyed from thence under the same guard -as brought the others from London to Chichester, where they arrived on -Friday, the 13th. - -On their arrival there they were all confined, being well secured with -heavy irons, in one room, except Jackson, who being extremely ill, was -put into a room by himself, and all imaginable care was taken of him, -in order to keep him alive (for he was in a very dangerous condition) -till he had taken his trial. - -Having thus brought the prisoners to Chichester, and put them in -safe confinement, we shall leave them there for the present, till we -meet them again on their trials, of which we are enabled to give the -most authentic account of any that has been, or may be, published. -After that, we shall attend the prisoners while under sentence of -condemnation, and truly relate whatever appeared remarkable in their -carriage or demeanour; and then bear them company to the place of -execution, where we shall take particular notice of their behaviour and -dying words. - -But, previous to this, it will be necessary to give some account of the -journey of the judges from London to Chichester, in order to rectify -some mistakes that were made in the accounts published of it in the -public prints. - -The judges set out from London on Friday, January the 13th, and -arrived at the Duke of Richmond’s house at Godalming in Surrey that -evening, where they lay that night, and the next day they set out for -Chichester, and were met at Midhurst by his Grace the Duke of Richmond, -who entertained their lordships with a dinner at his hunting-house -near Charlton. After which they proceeded on their journey, and -got into Chichester about five o’clock, and went directly to the -Bishop’s Palace. It was reported, though very erroneously, that they -were guarded in their journey by a party of horse, both thither and -back again; but they had none but their own attendants, except a few -servants of his Grace the Duke of Richmond, the judges, counsellors, -and principal officers being in six coaches, each drawn by six horses. - -On Sunday morning, the 15th, they went to the Cathedral, accompanied -by the Duke of Richmond, the Mayor and Aldermen of the Corporation, -where an excellent sermon was preached suitable to the occasion, by the -Reverend Mr. Ashburnham, Dean of Chichester. - -We shall now proceed to give an account of what passed at Chichester -during their trials; only observe first, that William Combleach, the -gardener (whom we have before observed to have been committed only -on suspicion, by his own idle talk, which, no doubt, gave a just -foundation for his said commitment) was not ordered to be indicted, nor -from the mouths of the witnesses on the trials was his name more than -barely mentioned. - - * * * * * - - _Chichester, January 16th, 1748._ - -This morning between eleven and twelve o’clock, the judges assigned -to hold the assize by special commission, viz., the Hon. Sir Michael -Foster, Knt., one of the judges of His Majesty’s Court of King’s -Bench; the Hon. Edward Clive, one of the Barons of His Majesty’s -Court of Exchequer; and the Hon. Sir Thomas Birch, Knt., one of the -Judges of His Majesty’s Court of Common Pleas; went from the Bishop’s -Palace, preceded by the High Sheriff of the County, with the usual -ceremonies, to the Guildhall, where they were met by his Grace the -Duke of Richmond, Sir Richard Mill, Sir Cecil Bishop, Sir Hutchins -Williams, Barts., John Butler, Esq., Robert Bull, Esq., and others of -the commissioners named in the commission for that purpose; and after -having opened the said commission, and the same having been read, the -gentlemen who were summoned to be of the grand jury, were called over, -and the following twenty-seven, who were present, sworn, viz.: - - Sir J. Miller, Bart., foreman. - Sir M. Fetherstonhaugh, Bart. - Sir Thomas Ridge, Knt. - John Page, Esq. - George Bramston, Esq. - William Battine, Esq. - John Winker, Esq. - Edward Tredcroft, Esq. - William Winker, Esq. - Samuel Blunt, Esq. - William Pool, Esq. - Peckham Williams, Esq. - Thomas B. Bilson, Esq. - Thomas Phipps, Esq. - William Mitford, Esq. - James Goble, Esq. - John Cheal, Esq. - William Leeves, Esq. - Richard Nash, Esq. - Thomas Fowler, Esq. - William Peckham, Esq. - William Bartlet, Esq. - John Hollest, Esq. - Francis Peachey, Gent. - John Laker, Gent. - William Peachey, Gent. - John Pay, Gent. - -As soon as they were sworn, Mr. Justice Foster gave a most learned -and judicious charge, taking notice among other things, that this -commission, though it did not extend to all the crimes which are -cognizable under the general commissions which are executed in the -common circuits; yet it did not differ from other commissions granted -for holding the assizes, so that they must proceed on this commission -in the same method of trial as was usually done in commissions -of assizes; that this commission was only to enquire of murders, -manslaughters and felonies committed in the county of Sussex, and the -accessaries thereto, and therefore the Grand Jury could not take notice -of anything else but what was specified in the said commission. - -Then his lordship was pleased to say, that the several murders and -other crimes, committed by armed persons gathered together contrary -to all law, in this and the neighbouring counties, loudly demanded -the justice of the nation; and for that reason his Majesty had -been pleased to entrust his lordship and brethren with his special -commission, that public justice might be done upon the offenders -against the public laws of the kingdom, and that the innocent might be -released from their confinement. - -His lordship likewise took notice of the dangerous confederacies that -had been formed for many years past in Sussex and its neighbouring -counties, for very unwarrantable and very wicked purposes; even for -robbing the public of that revenue which is absolutely necessary to its -support, and for defeating the fair trader in his just expectations -of profit; and which, without mentioning more, are the necessary -unavoidable consequences of that practice which now goes under the name -of smuggling; and this, his lordship said, was not all, for this wicked -practice had been supported by an armed force; and acting in open -day-light, in defiance of all the law, to the terror of his Majesty’s -peaceable subjects; and had gone so far in some late instances, as -deliberate murders, attended with circumstances of great aggravation, -in consequence of those unlawful combinations. - -His lordship likewise said, that in case of a murder, wherever it -appeared that the fact was committed with any degree of deliberation, -and especially where attended with circumstances of cruelty, the usual -distinction between murder and manslaughter could never take place; for -the fact is, in the eye of the law, wilful murder, of malice prepense; -and involves every person concerned, as well those aiding and abetting -as those who actually commit the fact, in the same degree of guilt. - -His lordship was pleased further to take notice, that where a number -of people engage together with a felonious design, every person so -engaged, and present aiding and abetting in the fact, is considered as -a principal in the felony; and the reason the law goes upon is this, -that the presence of every one of the accomplices gives countenance -and encouragement to all the rest; so that consequently the fact is -considered, in the eye of the law, and of sound reason too, as the act -of the whole party, though it be perpetrated by the hands only of one; -for he is considered the instrument by which the others act. - -And when we say that the presence of a person at the commission of a -felony will involve him in the guilt of the rest, we must not confine -ourselves to a strict, actual presence as would make him an eye or ear -witness of what passes. For an accomplice may be involved in the guilt -of the rest, though he may happen to be so far distant from the scene -of action, as to be utterly out of sight or hearing of what passes. - -For instance; if several persons agree to commit a murder, or other -felony, and each man takes his part: some are appointed to commit the -fact, others to watch at a distance to prevent a surprise, or to favour -the escape of those who are more immediately engaged; the law says, -that if the felony be committed, it is the act of all of them; for -each man operated in his station towards the commission of it, at one -and the same instant. And so much doth the law abhor combinations of -this kind, especially where innocent blood is shed, that a man may, in -judgment of the law, be involved in the guilt of murder, when possibly -his heart abhorred the thoughts of it. For if numbers of people -assemble in prosecution of an unlawful design, with a resolution to -stand by each other against all opposers, and a murder is committed by -one of the party in prosecution of that design, every man so engaged -at the time of the murder, is, in the eye of the law, equally guilty -with him that gave the stroke. - -“Many cases might be put which come under this rule. I will confine -myself to a few which the present solemnity naturally suggests. - -“For instance: Numbers of people assemble for the purpose of running -uncustomed goods, or for any of the purposes which now go under the -term of smuggling, with a resolution to resist all opposers (and the -riding with firearms and other offensive weapons is certainly an -evidence of that resolution); numbers of people, I say, assemble in -this manner and for this purpose. They are met by the officers of the -revenue; one of the party, _in the prosecution of this unlawful -design_, fires on the King’s officer, and kills him or any of his -assistants: the whole party is, in the eye of the law, guilty of -murder, though their original intention went no further than smuggling; -for that intention being unlawful, the killing in prosecution of -that intent is murder, and every man engaged in it partakes of the -guilt. The act of one, in prosecution of their common engagement, is -considered as the act of all. - -“I will go one step further: the party assembled in the manner and for -the purposes I have mentioned, is met by the King’s officers, and an -affray happens between them; during the affray one of the party fires -at the King’s officers, but misses his aim, and kills one of his own -party, perhaps his nearest relation or bosom friend (if people of -that character are capable of true friendship). This is murder in him -and in the whole party too. For if a man upon malice against another -strikes at him and by accident kills a third person, the law, as it -were, transfers the circumstance of malice from him that was aimed at -to him that received the blow and died by it. And consequently, in the -case I have just put, the person who discharged the gun being guilty -of murder, all his accomplices are involved in his guilt; because the -gun was discharged in prosecution of their common engagement, and it is -therefore considered as the act of the whole party. - -“What I have hitherto said regards those who are present in the sense I -have mentioned, and abetting the fact at the time of the commission of -it. But there are others who may be involved in the same guilt, I mean -the accessaries before the fact. These are all people who by advice, -persuasion or any other means, procure the fact to be done, but cannot -be said, in any sense, to be present at the actual perpetration of it. - -“These persons are involved in the guilt, and liable in the case of -wilful murder to the same punishment as the principal offenders are. - -“I am very sensible, gentlemen, that I have been something longer than -I needed to have been, if I had spoken barely for your information. But -on this occasion I thought it not improper to enlarge on some points, -that people may see the infinite hazard they run by engaging in the -wicked combinations I have mentioned: and how suddenly and fatally they -may, being so engaged, be involved in the guilt of murder itself, while -perhaps their principal view might fall very short of that crime.” - -His lordship having ended his charge, two bills of indictment were -presented to the grand jury, one for the murder of William Galley, -sen., a custom-house officer in the port of Southampton, and the other -for the murder of Daniel Chater, of Fordingbridge, in the county of -Hants, shoemaker; when, as soon as the grand jury had received the -bills, they withdrew to the council chamber in the North Street; and -the following persons were sworn to give evidence before them, who -immediately after their being severally sworn in court, went and -attended the grand jury, viz., William Steel, alias Hardware, and John -Race, alias Raise (two accomplices in the said murders), Mr. Milner, -collector of the customs at the port of Poole; Mr. Shearer, collector -of the customs at the port of Southampton; William Galley, son of the -deceased William Galley; Edward Holton, George Austin, Thomas Austin, -Robert Jenkes, Joseph Southern, William Garrat, William Lamb, Richard -Kent, Ann Pescod, William Scardefield, Edward Soanes, Mrs. Chater, the -widow of the deceased Daniel Chater, John Greentree, George Poate and -Mr. Brackstone. And then the court adjourned until nine o’clock the -next morning. - - * * * * * - - _Chichester, Jan. 18, 1748–9._ - -The judges went to the court this morning about nine o’clock, and the -court being sat, the seven following prisoners, viz., Benjamin Tapner, -John Cobby, John Hammond, William Jackson,[1] William Carter, Richard -Mills the younger and Richard Mills the elder, were put to the bar -(the grand jury having returned both the bills found into court), and -arraigned upon the indictment for the murder of Daniel Chater; the -three first as principals, and the other four as accessaries before the -fact. - -The clerk of the arraigns called upon the several prisoners at the -bar to hold up their hands, which being done, he read the indictment -aloud, which was as follows, viz.:-- - -“That you, Benjamin Tapner, John Cobby and John Hammond, together with -Thomas Stringer and Daniel Perryer, not yet taken, not having the fear -of God before your eyes, but being moved and seduced by the instigation -of the devil, upon the 19th day of February, in the 21st year of his -present Majesty’s reign, with force of arms, at the parish of Harting, -in the county of Sussex, in and upon one Daniel Chater, being then -and there in the peace of God, and his said Majesty, feloniously, -wilfully, and out of your malice aforethought, did make an assault; -and that you, the said Benjamin Tapner, a certain cord or rope made of -hemp, of the value of sixpence, which you the said Benjamin Tapner had -then and there in your hands, about the neck of him the said Daniel -Chater, then and there with force and arms, feloniously, wilfully, and -out of your malice aforethought, did put, bind and fasten; and that -you, the said Benjamin Tapner, with the rope aforesaid by him about -the neck of the said Chater, so put, bound and fastened as aforesaid; -him the said Chater, then and there with force and arms, feloniously, -wilfully, and out of your malice aforethought, did choke and strangle, -of which said choking and strangling of him the said Chater, in manner -aforesaid, he the said Chater did then and there die. And that you -the said John Cobby, and John Hammond, together with Thomas Stringer -and Daniel Perryer, both not yet taken, at the time of the felony and -murder aforesaid by him the said Benjamin Tapner, so feloniously, -wilfully, and out of his malice aforethought, done, perpetrated and -committed, as aforesaid, then and there feloniously, wilfully, and -out of your malice aforethought, were present, aiding, abetting, -comforting and maintaining the said Benjamin Tapner, the said Daniel -Chater in manner and form aforesaid, feloniously, wilfully, and out -of his malice aforethought to kill and murder. And so that you the -said Benjamin Tapner, John Cobby, John Hammond, together with Thomas -Stringer and Daniel Perryer, not yet taken, the said Daniel Chater -in manner and form aforesaid, then and there with force and arms, -feloniously, wilfully and out of your malice aforethought, did kill -and murder against his Majesty’s peace, his crown and dignity. And -that you, Richard Mills the elder, Richard Mills the younger, William -Jackson and William Carter, together with John Mills, Thomas Willis and -Edmund Richards, not yet taken, before the felony and murder aforesaid, -by them the said Benjamin Tapner, John Cobby, John Hammond, Thomas -Stringer and Daniel Perryer, in manner and form aforesaid, feloniously, -wilfully, and out of your malice aforethought, done, perpetrated and -committed (to wit) upon the said 19th day of February, in the 21st year -aforesaid, at the Parish of Harting aforesaid, in the county of Sussex -aforesaid, them the said Benjamin Tapner, John Cobby, John Hammond, -Thomas Stringer, and Daniel Perryer, the felony and murder aforesaid -in manner and form aforesaid, feloniously, wilfully, maliciously, -and out of your malice aforethought, to do, perpetrate, and commit, -feloniously, wilfully, and out of your malice aforethought, did incite, -move, instigate, stir up, counsel, persuade and procure against his -Majesty’s peace, his crown and dignity.” - -To which indictment they severally pleaded Not Guilty. - -This being done, William Jackson and William Carter were arraigned upon -the other indictment as principals in the murder of William Gally, -otherwise called William Galley. - -Which indictment the clerk of the arraigns read aloud to them as -follows: “That you, William Jackson and William Carter (together -with Samuel Downer, alias Howard, alias Little Sam, Edmund Richards, -and Henry Sheerman, alias Little Harry, not yet taken), not having -the fear of God before your eyes, but being moved and seduced by the -instigation of the devil, upon the 15th of February, in the 21st year -of his present Majesty’s reign, with force and arms, at Rowland’s -Castle in the County of Southampton, in and upon one William Gally, -otherwise called William Galley, being then and there in the peace of -God and his said Majesty, feloniously, wilfully, and out of your malice -aforethought, did make an assault, and him the said William Galley, -upon the back of a certain horse, then and there with force and arms, -feloniously, wilfully, and out of your malice aforethought, did put -and set, and the legs of him the said William Galley, being so put -and set upon the back of the said horse as aforesaid, with a certain -rope or cord made of hemp, under the belly of the said horse, then -and there with force and arms, feloniously, wilfully, and out of your -malice aforethought, did bind, tie and fasten; and him the said William -Galley, being so put and set upon horseback as aforesaid, with his legs -so bound, tied, and fastened under the horse’s belly as aforesaid, -with certain large whips, which you had then and there in your right -hands, in and upon the head, face, neck, shoulders, arms, back, belly, -sides, and several other parts of the body of him the said William -Galley, then and there with force and arms, feloniously, wilfully, and -out of your malice aforethought, for the space of one mile, did whip, -lash, beat and strike: by reason whereof, the said William Galley -was then and there very much wounded, bruised and hurt; and not being -able to endure or bear the misery, pain and anguish, occasioned by -his having been so whipped, lashed, beat, and struck, as aforesaid, -and by his being so wounded, bruised, and hurt, as aforesaid, then -and there dropped down the left side of the said horse, on which he -then and there rode, with his head under the horse’s belly, and his -legs and feet across the saddle upon the back of the said horse, upon -which you, the said William Jackson and William Carter, together with -Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards, -and Henry Sheerman, otherwise Little Harry, not yet taken, then and -there, untied the legs of the said William Galley; and him the said -Galley, in and upon the same horse then and there, with force and arms, -feloniously, wilfully, and out of your malice aforethought, did again -put and set, and the legs of him the said William Galley, being again -so put and set upon the said horse as last aforesaid, with the same -rope or cord under the belly of the said horse, you then and there, -with force and arms, feloniously, wilfully, and out of your malice -aforethought, under the horse’s belly did again bind, tie, and fasten; -and him the said William Galley[2] being again so put and set upon -the said horse, as last aforesaid, with his legs so bound, tied and -fastened under the horse’s belly, as last aforesaid, with the said -whips which you had then and there in your right hands, as aforesaid, -in and upon the head, face, neck, arms, shoulders, back, belly, sides, -and several other parts of the body of him the said William Galley, -you then and there with force and arms, feloniously, wilfully, and out -of your malice aforethought, for the space of half a mile further, -did again whip, lash, beat, and strike; by reason whereof he the said -William Galley was then and there much more wounded, bruised and hurt, -and not being able to endure or bear the misery, pain, and anguish -occasioned by his having been so whipped, lashed, beat, and struck, -in manner, as aforesaid; and by his being so wounded, bruised, and -hurt, in manner as aforesaid, did then and there drop a second time -from off the said horse, with his head under the horse’s belly, and -his legs and feet across the saddle. Upon which you the said William -Jackson and William Carter, together with the said Samuel Downer, -otherwise Howard, otherwise Little Sam, Edmund Richards and Henry -Sheerman, otherwise Little Harry, not yet taken, then and there again -untied the legs of him, the said William Galley, and him, in and upon -another horse, behind a certain other person, did then and there -with force and arms, feloniously, wilfully, and out of your malice -aforethought, put and set, and the said William Galley, being so put -and set on horseback, as last aforesaid, with the same whips which you -had then and there in your right hands as aforesaid, in and upon the -head, face, neck, arms, shoulders, back, belly, sides, and several -other parts of the body of the said William Galley, did then and there -with force and arms, feloniously, wilfully, and out of your malice -aforethought, for the space of two miles further, until you came into -the parish of Harting, in the county of Sussex aforesaid, again whip, -lash, beat, and strike, by reason whereof the said William Galley was -then and there much more wounded, bruised and hurt; and not being -able to endure or bear the misery, pain and anguish occasioned by his -having been so wounded, bruised and hurt, in manner as aforesaid, then -and there in the parish of Harting aforesaid, got off the said horse; -upon which you the said William Jackson and William Carter, together -with Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund -Richards and Henry Sheerman, otherwise Little Harry, not yet taken, -him the said William Galley, in and upon another horse, whereon the -said Edmund Richards, then and there rode, with the belly of him the -said William Galley across the pommel of the saddle, on which the said -Richards then and there rode, then and there with force and arms, -feloniously, wilfully, and out of your malice aforethought, did put -and lay; but before you had gone the space of eighty yards further, -William Galley, not being able to bear the motion of the said horse, -on which he was so put and laid as last aforesaid, by reason of having -been so whipped, lashed, beat and struck as aforesaid; and by reason -of his being so wounded, bruised and hurt, in manner as aforesaid, -then and there tumbled off the horse, and fell upon the ground in -the common highway there, by which fall he the said William Galley, -was then and there much more wounded, bruised and hurt; whereupon -you the said William Jackson, William Carter, together with Samuel -Downer, otherwise Howard, otherwise Little Sam, Edmund Richards and -Henry Sheerman, otherwise Little Harry, not yet taken, him the said -William Galley in and upon another horse by himself, then and there -with force and arms, feloniously, wilfully, and out of your malice -aforethought, did put and set; but the said William Galley not being -able to sit upright on the said last mentioned horse, he the said -Henry Sheerman, otherwise Little Harry, did then and there get upon -the same horse behind him, the said William Galley, in order to hold -him on; but after you the said William Jackson, and William Carter, -together with Samuel Downer, otherwise Howard, otherwise Little Sam, -Edmund Richards, and Henry Sheerman, otherwise Little Harry, not yet -taken, and the said William Galley had rode on a quarter of a mile -further together, in manner aforesaid, he the said William Galley, not -being able to sit upon the said horse, or ride any further upon the -same, through the great misery, pain and anguish, occasioned by his -having been so whipped, lashed, beat and struck, as aforesaid; and by -his being so wounded, bruised and hurt, in manner as aforesaid, then -and there tumbled off the said horse, on which he was so put and set -as last aforesaid, and again fell to the ground; and as he tumbled and -fell, the said Henry Sheerman, otherwise Little Harry, who rode behind -the said William Galley, and upon the same horse with him, in manner -aforesaid, then and there with force and arms feloniously, wilfully, -and out of his malice aforethought, give to him the said William -Galley, a most violent thrust and push; by reason whereof the said -William Galley then and there fell, with much more weight and force to -the ground than otherwise he would have done; and was thereby then and -there much more wounded, bruised and hurt. And that by reason of the -said binding, tying and fastening, of him the said William Galley, by -you the said William Jackson, and William Carter, together with Samuel -Downer, otherwise Howard, otherwise Little Sam, Edmund Richards and -Henry Sheerman, otherwise Little Harry, not yet taken, in manner and -form aforesaid; and of the whipping, lashing, beating and striking, -of him the said William Galley, by you, in manner and form aforesaid; -and of the several wounds, bruises and hurts, which he the said William -Galley received from such whipping, lashing, beating and striking in -manner aforesaid; and other wounds, bruises and hurts which he, the -said William Galley so received from the several falls which he so had -from off the said horse, on which he was by you so put, set and laid, -in manner aforesaid; and of the said thrust and push which he the said -Henry Sheerman, otherwise Little Harry, so as aforesaid, gave him the -said William Galley, as he the said William Galley so tumbled and fell -from off the said horse, as last aforesaid; he the said William Galley, -at the parish of Harting aforesaid, in the county of Sussex aforesaid, -did die. And further, that you the said William Jackson, and William -Carter, together with the said Samuel Downer, alias Howard, alias -Little Sam, Edmund Richards and Henry Sheerman, alias Little Harry, not -yet taken, him the said William Galley, with force and arms in manner -and form aforesaid, feloniously, wilfully, and out of your malice -aforethought, did kill and murder, against his Majesty’s peace, his -crown and dignity.” - -The indictment being read to them, Mr. Justice Foster acquainted the -prisoners they might each of them challenge twenty of the panel, -without shewing cause; but if they challenged more, they must shew a -reasonable cause for so doing; and that if they agreed to join in their -challenges they might be tried together, but if they did not, they -would be tried separately; and left them to act in that behalf as they -should see proper. - -The prisoners then consulted among themselves for a little while, -and then agreed to join and be tried together. And then the jury were -sworn, and charged by the Clerk of the Arraignments, whose names were -as follows, viz.:-- - - John Burnard, foreman, - John Hipkins, - William Faulkner, - William Hobbs, - Richard North, - John Shotter, - William Halsted, - Thomas Stuart, - Henry Halsted, - William Poe, - John Woods, - Christopher Wilson. - -The counsel for the King were Henry Banks, Esq., Sidney Strafford -Smythe, Esq., and two of his Majesty’s counsel learned in the law; also -Mr. Burrel, Mr. Purkes, and Mr. Steele, recorder of Chichester. - -Mr. Steele opened the indictment, as soon as the jury were sworn, -against the prisoners; after which Mr. Banks very judiciously and -learnedly laid down the facts attending the murder, which we choose to -give our readers in his own words. - -Counsel for the King: “This is an indictment against the seven -prisoners at the bar, for the murder of Daniel Chater. It is against -the three first, viz., Benjamin Tapner, John Cobby and John Hammond, -as principals in that murder, by being present, aiding, abetting and -assisting therein; and against Thomas Stringer and Daniel Perryer as -principals also, and who are not yet apprehended. And it is against -the prisoners, William Jackson, William Carter and Richard Mills the -younger, as accessaries before the murder; and also against three -others as accessaries before the fact, viz., John Mills, another son -of Richard Mills the elder, Thomas Willis and Edmund Richards, not yet -taken and brought to justice. - -“Although this indictment hath made a distinction between the several -prisoners, and divided them into two classes, of principals and -accessaries, yet the law makes no distinction in the crime. And in case -all the prisoners are guilty of the charge in this indictment, they -will be all equally liable to the same judgment and punishment. - -“In the outset of this trial I shall not enlarge upon the heinousness -of murder in general; nor shall I dwell upon those circumstances in -aggravation attending this in particular. When I come to mention those -circumstances of cruelty and barbarity, I doubt not but they will have -all that effect upon the jury which they ought to have--to awaken and -fix your attention to every part of the transaction, and to balance -that compassion which you feel for the prisoners, though they felt none -for others. The effect I mean these circumstances should and ought to -have, is to clear the way for that justice which the nation expects, -from your determination and verdict. - -“To comply with this general demand of justice upon the prisoners, -his Majesty, in order to give the prisoners the earliest opportunity -of proving their innocence and of wiping off this foul suspicion of -murder they now lie under, or if guilty of a breach of the laws of God -and man, that they may suffer the punishment due to their guilt, has -been pleased, by a special commission, to appoint this trial to be -before their lordships, not less knowing in the laws than tender and -compassionate in the execution of them. - -“I cannot here omit taking notice of the unhappy cause of this fatal -effect, now under your consideration. Every one here present will, -in his own thoughts, anticipate my words and know I mean smuggling. -Smuggling is not only highly injurious to trade, a violation of the -laws, and the disturber of the peace and quiet of all the maritime -counties in the kingdom; but it is a nursery for all sorts of vice and -wickedness; a temptation to commit offences at first unthought of; an -encouragement to perpetrate the blackest of crimes without provocation -or remorse; and is in general productive of cruelty, robbery and murder. - -“It is greatly to be wished, both for the sake of the smugglers -themselves and for the peace of this county, that the dangerous and -armed manner now used of running uncustomed goods was less known and -less practised here. - -“It is a melancholy consideration to observe, that the best and wisest -measures of Government, calculated to put a stop to this growing -mischief, have been perverted and abused to the worst of purposes. And -what was intended to be a cure to this disorder has been made the means -to increase and heighten the disease. - -“Every expedient of lenity and mercy was at first made use of -to reclaim this abandoned set of men. His Majesty, by repeated -proclamations of pardon, invited them to their duty and to their own -safety. But instead of laying hold of so gracious an offer, they have -set the laws at defiance, have made the execution of justice dangerous -in the hands of magistracy, and have become almost a terror to -Government itself. - -“The number of prisoners at the bar, and of others involved in the -suspicion of the same guilt, the variety of circumstances attending -this whole transaction, the length of time in the completion thereof, -and the general expectation of mankind to be informed of every minute -circumstance leading and tending to finish the scene of horror, will -necessarily lay me under an obligation of taking up more time than -will be either agreeable to the court or to myself. - -“To avoid confusion in stating such a variety of facts with the -evidence and proofs thereof, and to fix and guide the attention of the -gentlemen of the jury to the several particular parts of this bloody -tragedy, at last completed in the murder of Chater, I shall divide the -facts into four distinct periods of time. - - “1st. What happened precedent to Chater’s coming to a - public-house, the sign of the White Hart, at Rowland’s Castle in - Hampshire, kept by Elizabeth Payne, widow, upon Sunday, the 4th - of February, 1747–8. - -“And this period of time will take in the occasion and grounds of the -prisoners’ wicked malice to the deceased and the cause and motive of -his murder. - - “2nd. What happened after Chater’s arrival at the widow Paine’s, - to the time of his being carried away from thence by some of the - prisoners to the house of Richard Mills the elder, at Trotton in - Sussex. - -“This will disclose a scene of cruelty and barbarity, previous to -Chater’s murder, and show how active and instrumental the prisoners -Jackson and Carter were therein. - - “3rd. What happened after Chater was brought to the house - of Richard Mills the elder, to the time of his murder, upon - Wednesday night, the 17th of that February. - -“This will take in the barbarous usage of Chater at Mills’ house; a -consultation of sixteen[3] smugglers in what manner to dispose of -Chater, and their unanimous resolution to murder him: and will shew -Tapner, Cobby and Hammond to be principals therein, and the other four -prisoners to be accessaries. - - “4th, and last period, takes in the discovery of Chater’s body - in a well, where he was hung, with the proofs that it was the - body of Chater. - -“In the opening of this case, it will be impossible for me to avoid the -frequent mention of one William Galley, also suspected to have been -murdered: and for whose murder two of the prisoners, viz., Jackson and -Carter, are indicted, and are to be tried upon another indictment. - -“But the murder of Galley is not the object of your present -consideration, nor do I mention his name either to aggravate this -crime, by taking notice of his murder also, nor to inflame the jury -against the prisoners at the bar; but I do it for the sake of method, -and for the purpose only of laying the whole case before the jury; for -the story of Chater’s murder cannot be told without disclosing also -what happened to Galley, his companion and fellow-sufferer. - -“To begin with the first period of time. Some time in September, -1747, a large quantity of uncustomed tea had been duly seized by one -Captain Johnson, out of a smuggling cutter, and by him lodged in the -custom-house at Poole, in the county of Dorset. - -“In the night of the 6th of October following, the custom-house of -Poole was broken open by a numerous and armed gang of smugglers; and -the tea which had been seized and there lodged, was by them taken and -carried away. - -“This body of smugglers, in their return, passed through -Fordingbridge, where Dimer,[4] one of that company, was seen and known -by Chater. Dimer was afterwards taken up upon suspicion of being one -of those who had broken open the custom-house, and was in custody at -Chichester for further examination, and for further proof that he was -one of that gang. - -“And in order to prove the identity of Dimer, and that he was one of -the gang, Daniel Chater, a shoemaker at Fordingbridge (the person -murdered), was sent in company with, and under the care of, William -Galley, a tide-waiter of Southampton, by Mr. Shearer, collector of the -customs there, with a letter to Major Battine, a Justice of Peace for -Sussex, and surveyor general of the customs for that county. Sunday -morning, the 14th of February, 1747–8, Galley and Chater set out from -Southampton, with Mr. Shearer’s letter, on their journey to Major -Battine’s house, at East Marden, in the neighbourhood of Chichester. - -“At the New Inn at Leigh,[5] in Havant parish, in Hants, Chater and -Galley met with Robert Jenkes, George Austin, and Thomas Austin, and -having shewed them the direction of the letter to Major Battine, they -told them they were going towards Stansted, where Chater and Galley -were informed Major Battine then was; and said they would go with -them, and shew them the road. Their direct way to Stansted lay near -Rowland’s Castle; but Jenkes and the two Austins carried them to -Rowland’s Castle that Sunday about noon, where this cruel plot was -first contrived, and in part carried into execution. - -“The malice conceived by the prisoners against Chater appears not -to have arisen from any injury, or suspicion of injury, done by the -deceased to the prisoners. But because Chater dared to give information -against a smuggler, and do his duty in assisting to bring a notorious -offender to justice, he was to be treated with the utmost cruelty, his -person was to be tortured, and his life to be destroyed. What avail -the laws of society, where no man dares to carry them into execution? -Where is the protection of liberty and life, if criminals assume to -themselves a power of restraining the one, and destroying the other. - -“Having mentioned the motive of the prisoners in this murder, I shall -now open to you a scene of cruelty and barbarity, tending to the murder -of Chater, begun at Rowland’s Castle, by the two prisoners Jackson and -Carter, in company with others, and from thence continued, until Chater -was brought to the house of Richard Mills the elder, at Trotton, upon -Monday morning the 15th of February, before it was light. - -“And here you will observe how cruelly and wickedly, in general, -the gang assembled at Rowland’s Castle behaved; and in particular, -how active Jackson and Carter appeared in every step of this fatal -conspiracy. - -“Soon after Chater and Galley, and the three others, had arrived at -Rowland’s Castle, the widow Payne suspected Chater and Galley intended -some mischief against the smugglers; and for that purpose enquired -of George Austin who the two strangers were, and what their business -was. He privately informed her they were going to Major Battine with a -letter. She desired he would either direct the two strangers to go a -different way from Major Battine’s, or would detain them a short time -at her house, until she could send for Jackson, Carter and others. -And she immediately sent her son William for the prisoner Jackson; -and soon afterwards ordered her other son Edmund to summon the other -prisoner Carter, and Edmund Richards, Samuel Howard, Henry Sheerman, -William Steel and John Race, who all lived near Rowland’s Castle; -and accordingly they all came, as also did Jackson’s and Carter’s -wives. They were immediately informed by the widow Payne of what she -suspected, and had been informed concerning the two strangers. Jackson -and Carter being very desirous of seeing the letter to Major Battine, -got Chater out of the house, and endeavoured to persuade him to let -them see the letter, and to inform them of the errand to Major Battine. -But upon Galley’s coming out to them, and interposing to prevent -Chater’s making any discovery, they quarrelled with Galley, and beat -him to the ground; Galley complained of this ill-usage, and said he was -the King’s officer, and to convince them shewed his deputation. - -“Chater and Galley were very uneasy at this treatment, and wanted to be -gone; but the gang insisted upon their staying; and in order to secure -and get them entirely in their own power, they plied them with strong -liquors, and made them drunk; and then carried them into another room -to sleep. - -“During the two hours Galley and Chater slept, the letter was taken out -of Chater’s pocket; whereby it appeared that Chater was going to give -information against Dimer. The secret being thus disclosed to the gang, -the next thing to be considered of by the smugglers, was how to save -their accomplice Dimer, and to punish Chater and Galley for daring -to give information against him. For that purpose, whilst Chater and -Galley were asleep, several consultations were held. - -“It was proposed first to put Galley and Chater out of the way, to -prevent their giving information against Dimer; and to that end it was -talked of murdering them, and flinging them into a well, a quarter of -a mile from Rowland’s Castle, that was in the horse pasture; but the -proposal was overruled, fearing a discovery, as the well was so near -Rowland’s Castle. - -“The next thing proposed was secretly to convey Chater and Galley into -France, at that time at war with England. - -“The second scheme was, for all present to contribute threepence a week -for the maintenance of Chater and Galley, who were to be confined in -some private place, and there subsisted until Dimer should be tried; -and as Dimer was done unto, so Chater and Galley were to be dealt with. - -“The third and last proposal was to murder both. - -“With a view and intention to execute this last, and the most cruel -proposal, Jackson went into the room about seven that evening, where -Chater and Galley lay asleep, and awaked them. They both came out very -bloody, and cut in their faces; but by what means, or what Jackson had -done to them, does not appear. They were immediately afterwards forced -out of the house by Jackson and Carter; the others present consenting -and assisting; Richards, one of the company, with a cocked pistol in -his hand, swore he would shoot any person through the head who should -make the least discovery of what had passed there. - -“Chater and Galley were put upon one horse; and to prevent their -escape, their legs were tied under the horse’s belly; and both their -legs tied together; and the horse was led by William Steel. After they -had been thus carried about one hundred yards from Rowland’s Castle, -Jackson cried out to Carter and the company, “Lick them, d--n them, -cut them, slash them, whip them.” Upon which, they whipped and beat -them over their heads, faces, shoulders, and other parts of their -bodies, for the space of near a mile. With this cruel treatment they -both fell down under the horse’s belly, with their heads dragging upon -the ground. They were again put on the horse, and tied as before; and -whipped and beat with the like severity, along the road for upwards -of half a mile. And when they cried out through the agony of their -pain, pistols were held to their heads, and they were threatened to -be shot, if they made the least noise or cry. Being unable to endure -this continued and exquisite pain, and to sit on horseback any longer, -they fell a second time to the ground. By this inhuman usage, they were -rendered incapable of supporting themselves any longer on horseback. -Galley was afterwards carried behind Steel, and Chater behind Howard, -the prisoners Jackson and Carter, with the rest of the company, still -continuing their merciless treatment of Chater and Galley, but instead -of whipping, they now began to beat them on the heads and faces with -the butt-ends of their whips, loaded with lead. When they came to Lady -Holt Park, in Sussex, Galley almost expiring with the torture he had -undergone, got down from behind Steel; and it was proposed to throw -him alive into a well adjoining to that park; in which well Chater -was three days after hanged by the same gang. Galley was then thrown -across the pommel of the saddle and carried before Richards. He was -afterwards laid along alone upon a horse, and supported by Jackson, who -walked by him, and was at last carried before Sheerman, who supported -him by a cord tied round his breast. When they came to a lane called -Conduit-lane, in Rogate parish, in this county, Galley in the extremity -of anguish, cried out, “I shall fall! I shall fall!” upon which -Sheerman swore, “D--n you, if you will fall, do then;” and as Galley -was falling he gave him a thrust to the ground; after which Galley was -never seen to move, or heard to speak more. - -“Jackson, Carter, and the others, in order to prevent a discovery of -the murder of Galley, went about one o’clock on the Monday morning, -to the Red Lion at Rake, in Sussex, a public-house, kept by William -Scardefield, whither they carried Chater all over blood, and with his -eyes almost beat out; and also brought the body of Galley. They obliged -Scardefield to shew them a proper place for the burial of Galley; and -accordingly he went with Carter, Howard, and Steel, to an old fox -earth, on the side of a hill near Rake, at a place called Harting -Coombe, where they dug a hole and buried Galley. - -“The same morning, and long before it was light, whilst some were -employed in the burial of Galley, Jackson and Sheerman carried Chater -to the house of Richard Mills the elder, at Trotton. - -“I am now come to the third period of time: from Chater’s arrival at -the house of Richard Mills the elder, to his murder upon Wednesday -night, the 17th of February. - -“And here it is that Richard Mills the elder appears to be privy and -consenting to the intended murder of Chater. A private house was -thought much more proper and safe for the confinement of Chater, -than a public-house, at all times open to every man; and therefore -Chater was to be removed from Scardefield’s. The prisoners and -their companions being no strangers to Old Mills, but his intimate -acquaintance, and confederates in smuggling; where could Chater be so -secretly imprisoned, as at the private house of the elder Mills? and -where could he be more securely guarded than under the roof of one of -their gang? With these hopes and reliance, and in full confidence of -the secrecy and assistance of Old Mills, Chater was brought to his -house by Jackson and Sheerman. When they came there, they told Old -Mills they had got a prisoner; he must get up and let them in; upon -which Old Mills got up, and received Chater as his prisoner, whose face -was then a gore of blood, many of his teeth beat out, his eyes swelled -and one almost destroyed. I shall here omit one or two particular -circumstances, which the witnesses will give an account of; which shew -that Old Mills was also void of all tenderness and compassion. - -“Chater was received by him as a prisoner, and a criminal; and -therefore was to be treated as such. Old Mills’s house itself was -thought too good a prison for him; and therefore he was soon dragged -into a skilling or out-house, adjoining to the house, wherein lumber -and fuel was kept. And although Chater was in so weak and deplorable -a condition as to be scarce able to stand, yet to prevent all chance -and possibility of his escape, he was chained by the leg with an iron -chain, fastened to a beam of the out-house; he was guarded night and -day, sometimes by Sheerman, and sometimes by Howard, who came there -that Monday evening. Thus he continued in chains until he was loosened -for his execution. But lest he should die for want of sustenance, and -disappoint their wicked designs, he was to be fed and just kept alive, -until the time and manner of his death was determined. During the whole -time of this imprisonment, Old Mills was at home and in his business as -usual. He betrayed not the trust reposed in him. He acquainted nobody -with what had happened, nor with whom he was entrusted; but like a -gaoler, took care to produce his prisoner for execution. - -“On Wednesday, the 17th of February, there was a general summons of -all the smugglers then in the neighbourhood, at Scardefield’s house, -who had been concerned in breaking open the custom-house at Poole, to -meet that day at Scardefield’s. Upon which notice, all the prisoners -(except Old Mills) came that day to Scardefield’s. And there were also -present John Mills, another son of Old Mills, Edmund Richards, Thomas -Willis, Thomas Stringer, Daniel Perryer, William Steel and John Race; -Howard and Sheerman still continuing at Old Mills’s, and there guarding -Chater. It was at this consultation at Scardefield’s unanimously agreed -by all present that Chater should be murdered. - -“This was a deliberate, serious, and determined act of minds -wickedly and cruelly disposed, and executed with all the imaginable -circumstances of barbarity. - -“At this meeting Tapner, Cobby and Hammond were first concerned in, and -became privy and consenting to, this murder. And there also Richard -Mills the younger first became an accessary to this murder; but he was -so eager in pursuit of it, that he particularly advised and recommended -it; and said he would go with them to the execution, but he had no -horse. And when he was told that the old man (meaning Chater) was -carried by a steep place in the road to Rake, he said--‘If I had been -there, I should have called a council of war, and he should have come -no farther.’ - -“About eight o’clock on that Wednesday evening, all who were present at -the consultation at Scardefield’s (except Richard Mills the younger, -John Mills and Thomas Willis) went from Scardefield’s to the house of -Old Mills, where they found Chater chained, and guarded by Howard and -Sheerman. - -“They told him he must die, and ordered him to say his prayers. And -whilst he was upon his knees at prayers, Cobby kicked him; and Tapner, -impatient of Chater’s blood, pulled out a large clasp knife, and swore -he would be his butcher, and cut him twice or thrice down the face, -and across the eyes and nose. But Old Mills in hopes of avoiding the -punishment due to his guilt, by shifting Chater’s execution to another -place, said--‘Don’t murder him here: carry him somewhere else first.’ - -“He was then loosened from his chains, and was by all the prisoners -(except Mills the father and his son), and by all the gang that came -from Scardefield’s, carried back to that well, wherein Galley had -before been threatened to be thrown alive. Jackson and Carter left the -company some small distance before the others came to the well; but -described the well to be fenced round with pales and directed them -where to find it; and said--‘We have done our parts,’ meaning we have -murdered Galley; ‘and you shall do yours,’ meaning you shall murder -Chater. - -“Tapner, in order to make good what he had before said, after Chater -had been forced over the pales which fenced the well, pulled a rope out -of his pocket, put it about Chater’s neck, fastened the other end to -the pales, and there he hung Chater in the well until he was dead, as -they all imagined. - -“They then loosened the cord from the rail of the pales, and let -him fall to the bottom of this well, which was dry; and one of the -accomplices imagined he heard Chater breathe, and that there were still -some remains of life in him. - -“To put an end to a life so miserable and wretched, they threw pales -and stones upon him. This was the only act that had any appearance of -mercy and compassion; and it brings to my remembrance the saying of -the wisest of men, fully verified in this fatal instance of Chater’s -murder--‘The mercies of the wicked are cruelties.’ - -“I am now come to the fourth and last period of time. - -“And here it is observable, that although Providence had for many -months permitted this murder to remain undiscovered, yet it was then -disclosed and brought to light when the appointed time was come, and -an opportunity given to apprehend and bring to justice many of the -principal offenders. - -“Upon the 17th of September last, search was made in pursuance of -information given, for the body of Chater. And the body was found with -a rope about its neck, covered with pales, stones and earth, in that -well I have before mentioned, close by Lady Holt Park, in a wood called -Harrass Wood belonging to Mr. Carryll. - -“By the length of time, from February to September, the body was too -much emaciated to be known with any certainty. But by his boots, -clothes and belt, there also found, it evidently appeared to be the -body of the unfortunate Chater. - -“I have now opened to you the substance of all the most material -facts: and should the proofs support the truth of those facts, no man -can doubt the consequence thereof, that Chater was murdered, and the -prisoners were his murderers.” - -Mr. Smith, another of the King’s counsel, also spoke as follows, viz.:-- - -“The crime they are charged with is one of the greatest that can be -committed against the laws of God and man, and in this particular case -attended with the most aggravated circumstances. - -“It was not done in the heat of passion, and on provocation, but in -cold blood, deliberately, on the fullest consideration, in the most -cruel manner, and without any provocation. The occasion being as you -have heard, only because he dared to speak the truth. - -“This prosecution, therefore, is of the utmost importance to the public -justice of the nation, and to the safety and security of every person; -for if such offenders should escape with impunity, the consequence -would be, that no crime could be punished. It would teach highwaymen -and all other criminals, to unite in the manner those men have done, -and whoever received injuries from them would not dare to take any -steps towards bringing them to justice, for fear of exposing themselves -to the revenge of their companions. - -“Our constitution, therefore, which must be supported by a regular -administration of justice, and a due execution of our laws, depends, in -some measure, on bringing such offenders to condign punishment; and it -is to be hoped a few examples of this kind will restore the peace and -tranquillity of this county. - -“In stating the facts, I shall point out to you the share which every -one of the persons at the bar had in this murder. - -“In October, 1747, the custom-house at Poole was broken open; the -smugglers who did it, on their return, passed through Fordingbridge, -where Chater saw Dimer among them; and having declared, so was obliged -to make oath of it; on which information Dimer was committed to gaol -for further examination: and on the 14th of February, Chater was -sent by the collector of Southampton, in company with Galley, with a -letter to Mr. Battine, Surveyor General of the customs, in order that -Chater might see if the man in gaol was the same person he saw at -Fordingbridge. - -“These two men, having enquired their way at the New Inn at Leigh, one -Jenkes undertook to direct them, and carried them to widow Payne’s, -at Rowland’s Castle, who saying she feared they were going to do the -smugglers some mischief, sent for Carter and Jackson, Steel, Race, -Richards, Sheerman and Howard, who, having made Galley and Chater -drunk, and seen the letter to Mr. Battine, consulted what to do with -them. Some proposed to murder them, others to send them prisoners to -France, and others to confine them, till they saw what had become of -Dimer, and to treat them as he was dealt with. - -“Having sent Jenkes away, these poor men were left absolutely in the -power of the smugglers; and indeed, into worse hands they could not -have fallen; had they been taken in battle they would have had quarter, -and been treated with humanity; had they fallen into the hand of -enemies of those nations who give no quarter, their lot would have been -immediate death; but as it was their hard fate to fall into the hands -of smugglers, to have neither quarter or immediate death, but they were -reserved to suffer the most cruel usage for several days and afterwards -murdered. - -“These poor wretches, after having been beat and abused at Payne’s -by Carter and Jackson, and the rest of the gang, were carried away by -force, both set on one horse, with their legs tied under the horse’s -belly, and whipt and beat by direction of Carter and Jackson, till -they fell; then they were set up again in the same manner, and whipt -and beat again, till they fell a second time; and were then set on -separate horses, and used in the same manner, till Galley had the good -fortune to be delivered by death from their cruelty; after which they -carried Chater, who was bloody and mangled with the blows and falls he -had received, to Scardefield’s, at the Red Lion at Rake, who observed -Jackson’s coat and hands bloody; and while Carter and the rest buried -Galley, Jackson and Sheerman carried Chater to old Mills’s in the -night, between the 14th and 15th of February, where he was chained -by the leg in the skilling, or out-house, till the Wednesday night -following, and Sheerman and Howard guarded him. - -“Imagine to yourselves the condition of this unhappy man, certain to -die by their hands, uncertain only as to the time, and the cruel manner -of it: suffering for three days and three nights pain, cold and hunger; -and what was infinitely worse, that terror and anxiety of mind which -one in his situation must continually labour under; he must doubtless -envy the condition of his companion Galley, who by an early death was -delivered from the misery he then endured. - -“On Wednesday following, the 17th of February, all the prisoners at the -bar (except Old Mills) met at Scardefield’s, and there were present -also seven more; at which meeting it was unanimously agreed by all -present to murder Chater; and Young Mills particularly advised it; and -said if he had a horse he would go with them and do it; and either -then, or at another meeting at Scardefield’s, when Carter and Jackson -said, that as they came along, they brought Chater by a steep place -thirty feet deep, Young Mills said, ‘If I had been there I would have -called a council of war, and he should have come no further.’ - -“This being determined, the prisoners Tapner, Cobby, Hammond, Carter -and Jackson, together with five more of that company went to Old -Mills’s, where they found Chater chained and guarded by Sheerman and -Howard, and told him he must die; he said he expected no other. Tapner -then said he would be his butcher, and, taking out a knife, cut him -across the eyes and nose; on which Old Mills said, ‘Don’t murder him -here, but take him somewhere else first.’ - -“Tapner, Cobby, Hammond, Carter, Jackson, and the rest, who came there -together, with Sheerman and Howard, then carried him away to murder -him: Sheerman, Howard and Richards, having been concerned in Galley’s -murder, said the rest should kill Chater, and therefore went away to -Harting; Carter and Jackson having been likewise concerned in Galley’s -murder, when they came to Lady Holt Park Gate, turned in there, and -left the others; having first told them, ‘The well is a little way off, -you can’t miss it; ’tis fenced round with pales, to keep the cattle -from falling in.’ - -“Tapner, Cobby, Hammond, Carter, Jackson, and the rest, went then to -the well, where Tapner put a rope round Chater’s neck to hang him; and -some of the pales being broken down, Chater would have crept through. -Tapner would not let him, but made him climb over the pales, weak as he -was, and then hanged him in the well about a quarter of an hour, till -they thought him dead; then having drawn him up till they could take -hold of his legs, they threw him headlong into the well; and fancying -they heard him breathe or groan, threw posts and stones in upon him, -and went their way. - -“The terror of this act of cruelty had spread through the country, -stopt every person’s mouth who had it in their power to give any -information; so that the body was not found till September, when it was -so putrified and consumed as not to be known but by the belt, and which -Chater’s wife will prove to be her husband’s. If there was any doubt as -to the identity of the man, we could shew likewise, that being examined -by the smugglers just before he was murdered, he said his name was -Daniel Chater. - -“It appears therefore from this state of the case that all the -prisoners are guilty of the indictment; Tapner was present at the -consultation at Scardefield’s, and was the person who hanged him; Cobby -and Hammond were present at the consultation, helped to carry him to -the well, and were present at the murder, and therefore equally guilty -with Tapner as principals; Carter and Jackson took him away by force -from Payne’s, and the treatment of him there on the road shewed an -intention from the first to murder him, though perhaps the particular -death he was to suffer was not then agreed on. They were afterwards -present at the consultation at Scardefield’s, where it was resolved -to murder him, and went almost to the well with him; and when they -parted, gave those who murdered him particular directions to the well. -Young Mills was also at the consultation, and particularly advised and -directed the murder, in which he declared he would have joined if he -had a horse. Old Mills, though he kept no public-house, receives this -man brought in the night, in a bloody and deplorable condition. Chater -is chained in his out-house from Sunday night till Wednesday; yet Old -Mills never discovers it to any person, or uses any means to deliver -him, which is a strong evidence of his knowledge of their design; and -when Tapner declared he would be his butcher and cut him, Old Mills -expresses no disapprobation of the murder, does not dissuade him from -it, but desires him ‘not to do it there, but carry him somewhere else -first,’ which shews his approbation of the fact; though to secure -himself he would have had it committed at some other place. - -“This, gentlemen, is the fact, which shews that securing themselves and -their companions was not their principal aim; were it so, they would -have murdered this man as soon as they had him in their power; but -their motive seems to have been revenge, and a disposition to torture -one who should dare to give any information which might bring them or -their friends into danger. - -“After hearing the whole evidence, if these men appear innocent, God -forbid they should be found guilty; and I would not have the cruel -circumstances of the fact incline you to believe anything we suggest -that is not supported by the strongest proof; but if the fact is proved -beyond a possibility of doubt to be in the manner we have stated it, I -am sure you will do your duty, and by a just and honest verdict deliver -your country from men so void of humanity.” - -The king’s counsel having finished what they had to premise, proceeded -to call the witnesses for the crown in support of the charge; the first -witness called was Mr. Milner, collector of the customs at Poole, who -deposed that about the 17th of October, 1747, he had advice that the -custom-house was broken open; upon which he hastened thither, and found -the outer door burst open, and the other door broken in pieces; that -the room wherein some run tea was lodged, that was taken by Captain -Johnson, was broken open, and all the tea carried away, excepting a -little bag containing about four or five pounds. - -Mr. Shearer, collector of the customs at Southampton, was next called, -who deposed that in February last he received a letter from the -commissioners of the customs, acquainting him that one John Dimer -was committed to Chichester gaol on suspicion of breaking open the -custom-house at Poole, with directions to send the deceased Daniel -Chater, who could give some information against Dimer, to Justice -Battine, the Surveyor General, and to acquaint Justice Battine with the -occasion of his sending Chater; that he accordingly sent Chater with -a letter addressed to Justice Battine, under the care of one William -Galley, a tidesman in the port of Southampton; that they set out on -Sunday morning, the 14th of February last. He could not take upon him -to say how Chater was dressed, but he remembered he rode upon a dark -brown horse, and had a great coat on, with another coat under it, and -upon the under coat a belt; he could not recollect how Galley was -dressed, but remembered that he was mounted upon a grey horse. - -The next witness called and sworn was William Galley, the son of the -deceased William Galley, who deposed that he remembered his father’s -setting out upon this journey to Justice Battine, in February last; -that he saw the letter to Justice Battine the night before his father -set out, and saw the directions; he remembered the dress his father had -on: it was a blue great coat, with brass buttons covered with blue, a -close bodied coat, of a light brown colour, lined with blue, with a -waistcoat and breeches of the same, and that he rode on a grey horse; -he remembered that Daniel Chater, a shoemaker at Fordingbridge, set out -at the same time with his father, and had on a light surtout coat, with -red breeches, and a belt round him, and rode upon a brown horse; that -this was the last time he ever saw his father alive, and that he never -saw Chater since. - -Edward Holton was next called and sworn, who deposed that on the 14th -of February last he saw Daniel Chater and another person, whom he took -to be Mr. Galley, at his own house at Havant, in the county of Hants; -that he knew Chater very well, and had some conversation with him; that -Chater told him he was going to Chichester upon a little business, and -then went out to Galley, and brought in a letter, which was directed to -William Battine, Esq., at East Marden; upon which he (the witness) told -him he was going out of the way; Galley wished he would direct them -the way, that he directed them to go through Stanstead, near Rowland’s -Castle; and that they said they should be back again the next day. - -George Austin being called and sworn, deposed that on Sunday, the -14th of February last, he saw two men, one mounted on a brown horse -and the other on a grey, at the New Inn at Leigh, in the parish of -Havant; that they came to the New Inn when he was there and enquired -the way to East Marden, to which place he was going to direct them, -when one of the men who had a blue coat on, pulled a letter out of his -pocket, which he (the witness) looked at, and seeing it was directed -to Justice Battine at East Marden, he told them they were going ten -miles out of their way, and that he and his brother, Thomas Austin, -and his brother-in-law, Robert Jenkes, were going part of their road, -and would conduct them the best they could; that they went no further -together than to a place called Rowland’s Castle, to a public-house -which was kept by the widow Payne; the two strangers, Galley and -Chater, called for rum at the widow Payne’s. This was about the middle -of the day, or something after. That the widow Payne asked him if he -knew these men, or whether they belonged to his company; he told her -they were going to Justice Battine’s, and that he was going to shew -them the way; she then said she thought they were going to do harm -to the smugglers, and desired him to set them out of the way; which -he refused. She then seemed uneasy, and she and her son consulted -together; that her son went out, and the prisoner Jackson came in a -little time; that the prisoner Carter and several more came thither -soon afterwards. He knew none but Jackson and Carter[6]. That Jackson -enquired where the two men were bound for, and the man in the light -coat answered they were going to Justice Battine’s, and from thence to -Chichester: but Carter was not by at that time; that Galley and Chater -had some rum, and Jackson called for a mug of hot--which was gin and -beer mixed, or something of that kind--to the best of his knowledge -they all drank together; he did not see any ill-treatment, nor either -of the men bloody whilst he was there; that he went away between two -and three, and left the two men there; the widow Payne called him out -of doors, and told him his brother Jenkes wanted to speak to him; -when he came out his horse was at the hedge by the back door, and his -brother said he wondered why the two men did not go away; upon which -he went back again into the house, and his brother was uneasy because -he did so; that the widow Payne advised him to go home, and said the -two men would be directed the way: he was uneasy at going without them, -because he saw so many men come in, and imagined they had a design to -do some harm to them; that when he went away, Jackson and Carter were -left with the two men, Galley and Chater, to the best of his knowledge; -and Jackson, as well as the widow Payne, persuaded him to go home, -saying it would be better for him. He was positive that Jackson and -Carter were there, for he knew them very well. - -The Court asked Jackson and Carter if they would ask the witness any -questions, - -To which they both answered they had no questions to ask him. - -Thomas Austin was then called, who deposed that he was at the New Inn -at Leigh on Valentine’s Day last, with his brother George, where he -saw two men who enquired the way to Justice Battine’s; he went from -thence with them to Rowland’s Castle; they went to the widow Payne’s at -that place, and called for a dram of rum; the prisoners were not there -at first, but in a little time Jackson came, and soon afterwards the -prisoner Carter. That the widow Payne spoke to him at the outer door -before either of the prisoners came and asked him if he knew the two -men, and said she was afraid they were come to do the smugglers some -mischief, and that she would send for William Jackson; accordingly -her son went for him, and he soon came, and another little man and -his servant. This witness further deposed that he saw in the house -one Joseph Southern and the prisoner Carter, but that Carter did not -come so soon as Jackson. That Jackson struck one of the men who had a -blue coat on, but they were all soon appeased, and then they all drank -very freely, and he was drunk and went to sleep, and the two men were -fuddled and went to sleep in the little room: that about seven o’clock -Jackson went into the room and waked the two men; after they came out, -the two men were taken away by Jackson and Carter, and one William -Steel and Edmund Richards; but he did not remember they were forced -away, and did not see them upon the horses, nor did he ever see them -any more; this was between seven and eight o’clock. - -Being asked whether he saw either of the men produce his deputation or -heard any high words, - -He said he did not; that he was asleep the best part of the afternoon, -and did not see any ill-treatment, but that one blow which he had -mentioned. - -Being cross-examined at the request of the prisoners, - -He deposed that he did not know who the two strangers were, but they -were the same two persons that his brother George had just spoken of, -and had a letter for Justice Battine; that one of them had a blue coat -on, and rode upon a grey horse, and the other man rode upon a brownish -horse; that he did not see the direction of the letter, but he heard it -read by Robert Jenkes. - -The next witness produced was Robert Jenkes, who came with the two -deceased men from Leigh to this house, along with George and Thomas -Austin, who, being sworn, deposed: that he saw two men upon 14th -February last, at the New Inn at Leigh, one of them upon a brownish -horse, the other upon a grey, and dressed in riding coats; that they -were the same men that the witnesses George and Thomas Austin had -spoken of; that they all went together to Rowland’s Castle, and got -there about twelve o’clock, and went into a house there which was kept -by the widow Payne. He did not hear her give any directions to send for -anybody; but the prisoners Carter and Jackson soon came thither; that -whilst he was there he did not see any abuse, or observe that either of -them were bloody, and that he had no conversation with Jackson further -than that Jackson said he would see the letter which was going to Major -Battine, and Carter, he believed, might say so too; when he wanted to -go away, Jackson would not suffer him to go through the room where the -two men were (for the two men were carried into another room), but -Jackson told him if he had a mind to go, he might go through the garden -to the back part of the house where his horse should be led ready for -him; that he did so, and found his horse there and went away. - -Being now particularly asked if he could say why Jackson refused his -going through the room where the two men were, he answered he could not -be certain, but believed it was for fear the two men should go away -with him; and that he did not order his horse to be led round to the -garden himself; and that George Austin and he went away together upon -his horse, and that Jackson declared he would see the letter one of -the men had in his pocket; and the witness saw the direction of it was -William Battine, Esq., at East Marden. - -Being cross-examined by the prisoner Carter, whether Carter said he -would see the letter, he answered that both Carter and Jackson said -they would see the letter for Justice Battine; that he (the witness) -did not order his horse to be carried to the back part of the house; -and that Carter was by, when he was told by Jackson, that if he had a -mind to go, his horse should be led to the back part of the house. - -Joseph Southern deposed that on Sunday, the 14th February last, he -saw Jenkes, the two Austins, and two other men coming from Havant -towards Rowland’s Castle. One of them had a blue coat on, and rode a -grey horse; and he went to Rowland’s Castle himself that day, and saw -Jenkes, the two Austins, and the same two men sitting on horseback, -drinking at the widow Payne’s door; he stayed there best part of an -hour, and saw them and several other persons in the house; that he saw -Carter and Jackson in the house whilst he stayed there; he sat down and -drank a pint of beer by the kitchen fire, but the other persons were -in another room; that he saw the two men come out to the door and go -in again, and one of them had an handkerchief over his eye, and there -was blood upon it; that he met this man as he was going in, and heard -him say to Jackson, “I am the King’s officer, and I will take notice of -you that struck me.” That Carter was not present when this was said, -but was in the house: the man who spoke thus to Jackson had a parchment -in his hand; he likewise saw a letter in his hand, and heard him say -he was going to Justice Battine with it; that he (the witness) went -away between two and three o’clock, and did not know what became of the -letter, nor had he heard either Jackson or Carter say what became of it. - -This being all Mr. Southern had to say, and Jackson and Carter, though -asked particularly if they would have him asked any questions, saying -they had none, he was set down. - -William Garret deposed that he was at the widow Payne’s on the 14th of -February last, and saw Jackson and Carter and two strangers there; -that one of them who had a blue coat on, had received a stroke upon his -cheek, and the blood run down just as he came in; this man was standing -up by the back of a chair, and Jackson by him, and he heard Jackson -say, “that for a quartern of gin he would serve him so again,” by which -he understood that Jackson had struck him before. He did not hear the -man say he was the King’s officer, but he heard Jackson say, “You a -King’s officer! I’ll make you a King’s officer, and that you shall -know.” Then when he went away he left them all there. - -The prisoners would not ask this witness any questions. - -The next witness produced was William Lamb, who being sworn, deposed, -that he went to the widow Payne’s, at Rowland’s Castle, on the 14th -of February last, about four in the afternoon, and found Jackson and -Carter there; that before he went he saw one of the widow Payne’s sons -call Carter aside, at his house at Westbourne; that there were several -other people there (Rowland’s Castle) in another room, amongst whom -were Thomas Austin and two men that were strangers to him, one of whom -had on a blue great coat. He further deposed that the two men who were -strangers he understood were going with a letter to Justice Battine; -but that he saw no ill-treatment during the little time he stayed -there. He said that during the time he was there Edmund Richards, one -of the company, pulled out a pistol, and said that whoever should -discover any thing that passed at that house, he would blow his brains -out. But that Jackson and Carter, two of the prisoners, were not in -the room when these words were spoken, as he verily believes. He saw, -he said, the man in the blue great coat, pull a parchment out of his -pocket, and he heard him tell the people he was the King’s officer; his -wig was then off, and there was blood upon his cheek; that he saw a -letter, which he understood to be going to Mr. Battine; and Kelly and -the prisoner Carter had it in their hands, but he did not know how they -came by it; that he did not see the direction of the letter; but he -observed it was broken open when he saw it in the hands of Carter and -Kelly, and he understood, by the discourse of the company, that it was -a letter which the two strangers were to carry to Mr. Battine, but he -never heard it read. - -The prisoners Carter and Jackson would not ask him any questions. - -Richard Kent deposed, that he was at the widow Payne’s on the 14th of -February; that he saw Jackson and Carter, and many others, particularly -two strangers, who he supposed were Galley and Chater; that they took -the strangers out with them, and that Edmund Richards told him that if -he spoke a word of what he had heard or seen he would shoot him; but -Jackson and Carter were not in the room when Richards said this. - -George Poate deposed that he was at Rowland’s Castle on Sunday, the -14th of February last, about seven o’clock in the evening, and saw -nine men there; Jackson and Carter were two of them; he stayed there -about half an hour, and as soon as he came in he saw four or five men -with great coats and boots on, most of them upon their legs, as if -they were just going; he went and warmed himself by the kitchen fire, -and soon after he heard the stroke of a whip, repeated three or four -times, in a little room that was at the corner of the kitchen, but did -not see who gave the blows, nor who received them; that he afterwards -heard a strange rustling of people, more than before, and saw seven -or eight men come into the kitchen; that he knew Jackson and Carter, -and William Steel, Edmund Richards, and two that went by the names of -Little Sam and Little Harry; there were two other persons there, whom -to his knowledge he had never seen before or since, and could give no -account of them, nor did he observe how they were dressed; that soon -after he thought he heard a blow, and saw Jackson in a moving posture, -as if he had just given a blow, and was drawing up his arm in a proper -form, as if he was going to give another; but William Payne stepped up, -and called him a fool and a blockhead for so doing; upon which he sunk -his arm, and did not behave in a like manner any more in his sight; -that just as they were going out of doors, Jackson turned round with a -pistol in his hand, and asked for a belt, or string, but nobody gave -him either, and he put his pistol into his pocket, and went away with -the rest; that by the trampling of horses he supposed they all went on -horseback, but which way he knew not; it was between seven and eight -o’clock, as nigh as he could guess, when they went off; he did not hear -any conversation about one of the strangers being a King’s officer, nor -did he see the blow given, nor the person to whom the other blow was -going to be given. - -The prisoners Jackson and Carter said they had no questions to ask this -witness. - -Then his Majesty’s counsel desired that John Raise, otherwise Race, he -being an accessary to the fact, should be called, who appearing and -being sworn, deposed, that on Sunday, the 14th of February, he was at -Rowland’s Castle between twelve and one o’clock at noon; that when he -came there he found Edmund Richards, William Steel, the prisoners -Carter, Jackson, and Little Sam, Richard Kelly, Jackson’s wife, and -Galley and Chater; he saw Jackson take Chater to the door, and heard -him ask him if he knew anything of Dimer the shepherd, and Chater -answered he did, and was obliged to go and speak against him; that -Galley then went out to keep Chater from talking to Jackson; whereupon -Jackson knocked Galley down with his fist; that Galley came in again, -and soon after Jackson and Carter. When they were all come in, he (the -witness) with the prisoners Jackson and Carter, and Edmund Richards, -went into the back room; that there they enquired of Jackson what he -had got out of the shoemaker (meaning Daniel Chater); that Jackson -informed them that Chater said he knew Dimer and was obliged to come in -as a witness against him; that then they consulted what to do with them -(Chater and Galley)--this was about three o’clock in the afternoon: -they first proposed to carry them to some secure place, where they -might be taken care of till they had an opportunity of carrying them -over to France; and that when this proposition was made, the prisoners -Jackson and Carter, and Richards and himself were present. This -resolution was taken to send them out of the way, that Chater should -not appear against Dimer; and afterwards it was agreed to fetch a horse -and carry them away; that Galley and Chater appeared very uneasy, and -wanted to be gone; and thereupon Jackson’s wife, to pacify them, told -them that she lived at Major Battine’s and her horse was gone for, and -as soon as it came she would shew them the way to Mr. Battine’s; that -he (the witness) then went away, and saw no more of them that night. - -Being cross-examined at the request of the defendant’s counsel, he -said, “At this consultation there was nothing mentioned, as he -remembered then, but the securing them in order to carry them to -France.” - - This witness having gone thus far in his evidence, was set by - for the present; the counsel for the crown declaring that - they would call him again, to give an account of what passed - on the 17th, when Chater was murdered, after they had - examined the next witness. - -Then William Steel, one of the accomplices in both the murders from -beginning to end, was sworn, who deposed that he was sent for to the -widow Payne’s on Sunday, the 14th of February; that Jackson, Little -Sam, one Kelly, and two men more, and Jackson’s wife, were there -when he came, which was about two o’clock in the afternoon, and soon -afterwards Little Harry, Carter, Edmund Richards, John Race, the last -witness, and Carter’s wife came thither; he said he did not know how -Carter or Jackson came to be there, but the widow Payne’s son came and -called him out, and said he must go to the Castle, his mother’s, for -there were two men come to swear against the shepherd; that when he -came in he found the two strangers, Galley and Chater, and Jackson, -Carter, Richards, and some others; and that they were in general sober, -but they sat drinking together about two hours; that Jackson took -Chater out of the house to examine him about Dimer; and after they had -been out some time, Galley went out to them, but soon returned, and -said Jackson had knocked him down; the witness saw he was bloody all -down the left cheek; that Jackson was not in the room when Galley came -in, but came in with Carter a little time afterwards; that then Galley, -addressing himself to Jackson, said he did not know any occasion -Jackson had to use him in that manner, and that he should remember it, -and took down his name in Jackson’s presence. Galley likewise said he -was an officer, and shewed his deputation to the people that were in -the room. - -This witness, continuing his deposition, said Galley and Chater began -to be very uneasy, and wanted to be going, but that the prisoners -Jackson and Carter, and the rest of them that were smugglers, persuaded -them to stay, and be pacified, and all things should be set right; -and the company continued drinking till Galley and Chater were quite -fuddled, and were carried into a little inner room to sleep; this was -about four or five o’clock, and they continued in the little room two -or three hours; the rest of the company sat drinking all the while, -consulting what to do with Galley and Chater. The prisoners Jackson and -Carter, and Little Sam, Little Harry, Richards, and the witness were -at the consultation. It was proposed to put them (Galley and Chater) -out of the way, because they should not appear against the shepherd, -meaning Dimer; after which it was proposed to throw them into the well -in the horse pasture, about a quarter of a mile from Rowland’s Castle, -but that it was thought not convenient to put them into a well so near, -for fear of discovery. - -Here the question was particularly asked Steel, the witness, which of -them it was that proposed the murdering them directly and flinging them -afterwards down the well; to which he replied, he believed he might. - -After this it was next proposed to join and each man to allow them -threepence a week, and to keep them in some secret place till they saw -what became of Dimer, and as Dimer was served, so these two people -(Chater and Galley) were to be served. This was talked of while Chater -and Galley were asleep and there was no other proposal made as he heard -at that time: but while they were talking of these things, the wives of -Carter and Jackson said it was no matter what became of them (Galley -and Chater), or what was to be done with them; they ought to be hanged, -for they were come to ruin them, meaning the smugglers. He then said -that about seven o’clock Carter and Jackson went into the inner room -and waked Galley and Chater, and brought them out of the room very -bloody and very drunk; he did not see what passed in the room, but was -sure they did not go in so bloody, and he believed Jackson and Carter -had kicked and spurred them, for they had put on their boots and spurs; -that then Jackson and Carter brought them (Galley and Chater) out into -the kitchen; and took them through to the street door all very bloody, -when they set Galley the officer upon a brown or black horse and Chater -up behind him; that Jackson, Carter and Richards put them on horseback, -and tied their legs under the horse’s belly and also their legs -together; then they tied a line to the bridle, and he (the witness) got -upon a grey horse and led them along; that just after they had turned -round the corner about 70 or 80 yards from the house, Jackson cried out -“Whip them, lick the dogs, cut them.” It was then dark, and the company -whipped and lashed them with their horse-whips, some on one side and -some on the other with great violence, on the face and head and other -parts of the body, and continued doing so while they rode about half -a mile to a place called Woodash, or Wood’s Ashes; that there they -alighted and Little Sam gave all the company a dram or two, but none to -Galley and Chater; that as they were mounted again Jackson and Carter -cried out, “D--n them, lick them, whip them,” and they were whipped -as before for about a mile further, and then they fell down under the -horse’s belly, with their heads upon the ground and their legs over the -saddle; upon which Jackson and Carter and some of the others of the -gang dismounted and untied Galley and Chater, and immediately set them -up again, and their legs were tied together in the same posture, and -the company went on whipping them as before till they came to a place -called Dean,[7] which was about half a mile further. They were beat -very much, and in the judgment of the witness, it was almost impossible -they should sit their horses; that when they came to Dean somebody of -the company pulled out a pistol and said he would shoot them (Galley -and Chater) through the head, if they made any noise whilst they went -through the village. He could not tell who it was that threatened to -shoot them, but apprehends it was done for fear the people in the -village should hear them. They went on at a foot pace, and after they -got through Dean they were whipped again as before; and when they came -near a place called Idsworth, they fell down again under the horse’s -belly, and then some of the company loosed them, and set up the officer -(Galley) behind him (the witness), and Chater behind Little Sam, and in -this manner they proceeded towards Lady Holt Park, which is near three -miles from Idsworth, whipping Galley and Chater as before. But the -lashes of their whips falling upon the witness as he sat before Galley, -he (the witness) could not bear the strokes, and therefore he cried -out, and then they left off whipping Galley in that manner. - -This witness further said that Galley sat upon the horse till they got -to Lady Holt Park, and then being faint and tired with riding, he got -down; and then Carter and Jackson took him, one by the arms and the -other by the legs, carried him towards a well called Harris’s Well by -the side of Lady Holt Park; and then Jackson said to Carter “We’ll -throw him in the well,” to which Carter replied “With all my heart;” -and Galley seemed very indifferent what they did with him; but some of -the company saying ’twas a pity to throw him into the well, Jackson and -Carter set him up behind the witness again and Chater was still behind -Little Sam. They went on in this manner till they came to go down a -hill, when Galley was faint and tired, and could not ride any further -and got down there; upon which Carter and Jackson laid him on a horse -before Edmund Richards, with his belly upon the pommel of the saddle. -They laid him across the horse because he was so bad that they could -not contrive to carry him in any other manner, and they carried him so -for about a mile and a half from the well; that then Richards, being -tired of holding him, let him down by the side of the horse; and Carter -and Jackson put him upon the grey horse that he (the witness) was upon, -and the witness got off. They set him up, his legs across the saddle -and his body lay over the horse’s mane; that in this posture Jackson -held him on and he did not remember that anybody else held him at that -time; that they went on for about half a mile in this manner, Galley -crying out all the time “Barbarous usage! barbarous usage! for God’s -sake shoot me through the head or through the body.” He (the witness) -thought Jackson was at this time pinching him by the private parts, for -there were no blows given when he cried so; that Chater was still with -the company behind Little Sam, and they went on for about two miles -and a half further, the company holding Galley by turns on the horse -until they came to a dirty lane, at which place Carter and Jackson -rode forwards, and bid the rest of the company stop at the swing gate -beyond the water till they should return. Jackson and Carter left them -here and went to see for a place proper for taking care of Chater and -Galley, but soon came to them again at the swing gate and told them -that the man of the house whither they went was ill and that they -could not go thither, by which he understood that they had been in the -neighbourhood to get entertainment. It was then proposed to go forward -to one Scardefield’s, and Little Harry tied Galley with a cord and got -up on horseback behind him in order to hold him up on the horse, and -they went on till they came to a gravelly knap in the road at which -place Galley cried out “I shall fall! I shall fall!” whereupon Little -Harry said, “D--n you, then fall,” and gave him a push, and Galley fell -down and gave a spirt, and never spoke a word more. He (the witness) -believed his neck was broke by the fall; that they laid him across the -horse again and went away for Rake to the sign of the Red Lion, which -was kept by William Scardefield; that Chater was behind Little Sam and -was carried to Scardefield’s house and was very bloody when they came -to Scardefield’s; that Jackson and Little Harry went from Scardefield’s -with Chater about three o’clock in the morning and Jackson afterwards -returned to Scardefield’s and said he had left Chater at Old Mills’s, -and that Little Harry was left to look after him that he might not -escape. This was Monday, the 15th of February, and they remained all -that day at Scardefield’s; that the prisoner Richard Mills the younger -was there on that day, and upon hearing from Jackson and Carter that -they had passed by a precipice thirty feet deep when they had Chater -with them, he said, “If I had been there I would have called a council -of war on the spot, and he (Chater) should have gone no further,” or to -that effect. - -That two or three days afterwards the company met at Scardefield’s -again, to consult what to do with Chater; that the prisoners John Race, -Carter and Jackson, the prisoner Richard Mills the younger (a son -of the prisoner Richard Mills the elder), Thomas Willis, John Mills -(another son of old Mills), the prisoners Tapner, Cobby, Hammond, and -Thomas Stringer, Edmund Richards, and Daniel Perryer, and he (the -witness) were consulting what to do with Chater, and John Mills[8] -proposed to take him out, and load a gun, and tie a string to the -trigger, and place him (Chater) against the gun, and that they should -all of them pull the string, to involve every one of them in the same -degree of guilt; but this proposal was not agreed to. Then Jackson and -Carter proposed to carry him back to the well near Lady Holt Park, -and to murder him there, which was agreed to by all the company; but -Richard Mills the younger and John Mills said they could not go with -them to the well, because they had no horses; and as it was in their -(the other persons’) way home, they might do it as well without them; -and so it was concluded to murder Chater, and then throw him into the -well. - -As soon as it was agreed amongst them to murder Chater and fling him -down the well, they went away for Rake to the house of the prisoner -Richard Mills the elder, and found Chater in a back skilling or -out-house, run up at the back of Mills’s house, a place they usually -put turf in; where they found him chained with an iron chain to a beam -in the skilling; that Chater was bloody about the head, and had a -cut upon one of his eyes, so that he could not see with it; that the -prisoner Richard Mills the elder was at home, and fetched out bread -and cheese for them to eat, and gave them drink; that the house is a -private house, no alehouse; that they all of them went to and again, -between the house and the skilling, and that the prisoner Richard Mills -the elder was at home all the while; that the prisoner Tapner bid -Chater go to prayers, and pulled out a large clasp knife, and swore -he would be his butcher; and while Chater was at prayers, he cut him -across the eyes and nose, and down his forehead, so that he bled to a -great degree. He was ordered by some others of the company to say his -prayers, for they were come to kill him, and kill him they would; and -some of the company were then in the skilling, and the rest of them -were in the house, but no one interposed to save his life; that he (the -witness) was in the skilling when Chater was advised to say his prayers -and was cut, and that Chater was chained by the leg at the time. - -When they had kept him there as long as they thought fit, someone -unlocked the chain and set him on horseback, and Race, Richards, Little -Harry, Little Sam, the prisoners Tapner, Stringer; the prisoners Cobby, -Hammond and Perryer; the prisoners Jackson, Carter, and the witness, -set out with him to Lady Holt Park, to carry him down to the well; -that when they came to a place called Harting, Richards, Little Harry -and Little Sam went back; and when the rest came to the white gate by -Lady Holt Park, Carter and Jackson left them, but first told them they -must keep along a little further, and they could not miss the well, for -there were white pales; that it was about 200 yards further, some pales -on the right hand of it, and that there were pales round the well. They -went on, found the well by the direction given them, and carried Chater -with them; that then Tapner, Hammond, Stringer and Cobby got off their -horses, and Tapner pulled a cord out of his pocket, and put it about -Chater’s neck, and led him towards the well. Chater seeing two or three -pales down said he could get through, but Tapner said, “No, you shall -get over,” and he did so with the rope about his neck; they then put -him into the well and hanged him, winding the rope round the rails, and -his body hung down in the mouth of the well for about a quarter of an -hour; and then Stringer took hold of his legs to pull him aside, and -let his head fall first into the well, and Tapner let the rope go, and -down fell the body into the well head foremost; that they stayed there -for some time, and one of the company said he thought he heard him -breathe or groan; on this they listened, and being of the same opinion, -went to one Combleach, a gardener, who was in bed, and asked him to -lend them a ladder and a rope, for one of their company had fallen down -the well; which he readily did, not thinking, as the witness verily -believed, any otherwise. They brought the ladder with them, but as it -was a long one they could not get it down the well through the hole in -the breach of the pales; when they all tried to raise it up and put it -over the pales; but then, not having strength sufficient, they laid -that part of their design aside; and looking about them found a gate -post or two, which they threw into the well and then left him. - -Steel, the witness, being cross-examined as to this, said, he never -heard the prisoner say he would not have them murder the man, and -added, that he was sure he must hear them talk of murdering while they -were at his house. - -John Race being called again, said: That after he had left the company -at the widow Payne’s on the 14th of February, he met some of the same -company and others, on the Wednesday evening following, being the 17th -of February, at Scardefield’s, at Rake; that the prisoners, Richard -Mills the younger, Carter, Jackson, Tapner, Cobby, and Hammond, with -Steel, Richards, Little Sam, Daniel Perryer, John Mills and Thomas -Willis, were there; and it was proposed at that meeting to murder -Chater. He could not say who first made the proposal, but to the best -of his knowledge, it was either Carter or Jackson, and it was agreed -to by all the company; it was not then resolved how it was to be done, -but only in general, that he was to be murdered and thrown into a well; -that they went to the house of Richard Mills the elder, to join Little -Harry, who was left there to take care of Chater, and found Chater -chained by the leg upon some turf in a skilling, at the back side of -the house; that the prisoner, Richard Mills the elder, was at home, and -ordered his housekeeper to fetch bread and cheese, and some household -beer, for any of them to eat and drink that would, and was sure that -old Mills knew that they came for Chater; that Tapner and Cobby were -very earnest to go and see Chater; and Tapner having his knife in -his hand, said, “This knife shall be his butcher”; and thereupon the -prisoner, Richard Mills the elder said, “Pray do not murder him here, -but carry him somewhere else before you do it”; that Old Mills said -this on seeing that Tapner had his knife in his hand, and hearing -him declare it should be his (Chater’s) butcher; that they then went -out into the skilling, and found Chater sitting upon some turf, and -Tapner ordered him to say his prayers; whilst he was repeating the -Lord’s Prayer, Tapner cut him over the face with his knife, and Cobby -stood by kicking and damning him. This, too, was whilst the poor man -was saying the Lord’s Prayer. That Chater asked them what was become -of Galley, and they told him he was murdered, and that they were come -to murder him. Upon which, Chater earnestly begged to live another -day; that Cobby asked him his name, and whether he had not formerly -done harvest-work at Selsey? To which he answered that his name was -Daniel Chater, and that he had harvested at Selsey, and there he became -acquainted with Dimer. That Little Harry unlocked the horse-lock that -was on his (Chater’s) legs, and Tapner, Cobby and Stringer brought him -out of the skilling, and set him upon Tapner’s mare, in order to carry -him to the well, to be there murdered, and thrown in; and that all -the company knew at that time what was to be done with him; that they -rode about three miles towards the well, and sometimes whipped Chater -with their horse-whips; and Tapner observing that he bled, said, “D--n -his blood, if he bloods my saddle, I will whip him again.” When they -came to Harting, Carter, Jackson, Richards, Little Sam, Little Harry, -and Steel said, “We have done our parts, and you (meaning the rest -of the company) shall do yours.” By which they meant, as he took it, -that they had murdered Galley, and that the rest should murder Chater; -and Richards, Little Sam and Little Harry, stopped there, and did not -accompany them any further; the rest went on towards the well, but -Carter and Jackson stopped before they came to it, and told them the -well was a little further off, describing it to them, and told them -they could not miss finding it, for it had some white pales by it, and -that it was not above 200 yards further, and then Jackson and Carter -left them; that he (the witness) and Tapner, Cobby, Stringer, Hammond, -Perryer and Steel, came to the well, got off their horses, and took -Chater off his horse, the witness was not certain which; and either -Tapner or Cobby put a cord round his neck; that there was a “shord” -in the pales about the well, and he heard Chater say he could get -through there, but Cobby or Tapner said, “D--n you, no; you shall not, -you shall get over”; that Tapner wound the cord round the pales, and -Chater being put into the mouth of the well, hung by the neck for about -a quarter of an hour, and then they loosened the rope, and turned the -body, so that it fell into the well head foremost. They stayed there -till some of the company thought they heard him breathe or groan, and -then went to get a rope and a ladder at one Combleach’s, a gardener; -that they met Jackson and Carter and told them what they had done, and -that they were going to get a rope and a ladder, for Chater was not -quite dead; that they all could not raise the ladder; so they got some -old gate-posts and stones and threw them down upon him into the well, -and then left him. - -The prisoner Hammond desired the witness might be asked whether when -they were at Old Mills’s, he did not offer to ride away, and make a -discovery, but was prevented by the company. - -Race said he never heard him say anything about it; but one of the -company, which he believed was Richards, did threaten any of the rest -who should refuse to go to the murder of Chater. - -Ann Pescod deposed, that two men came to her father’s on the 15th -of February, about one o’clock in the morning, and called for her -father; that she asked one of them his name, and he said it was William -Jackson. Her father who was then very ill, said they might come if they -would; that Jackson did come in, and asked if they could not bring a -couple of men there for a little while, to which she answered “No,” -because her father was ill; and thereupon Jackson turned to the other -man, and said, “We cannot think of abiding here, as the man is so ill,” -and so they went away. She saw that Jackson’s hand was bloody. - -She was ordered to look at the prisoners Jackson and Carter, and see if -they were the two men that came, and she said Jackson was one, for that -she took particular notice of him, his hand being bloody, and that she -verily believed Carter was the other. - -Then the King’s Counsel called William Scardefield, who deposed that he -kept the Red Lion, at Rake, in the parish of Rogate, and that in the -night, between the 14th and 15th of February, Jackson and Carter, with -Steel and Richards, came to his house and called out to him, “For God’s -sake get up and let us in”; then he let them in, and saw they were -bloody. He asked them how they came to be so; and they said they had an -engagement and lost their goods, and some of their men they feared were -dead and some wounded. That they said they would go and call them that -were at the other public-house; and while he was gone into the cellar, -he heard horses come to the door; and some of the men went into the -kitchen, some into the brewhouse, and some into the parlours. That he -saw two or three men in the brewhouse, and there lay something like a -man before them in the brewhouse, by the brewhouse door, and he heard -them say he was dead. That some of them calling for liquor, he carried -a glass of gin into the parlour, and saw a man standing upright in -the parlour, with his face bloody and one eye swelled very much. That -Richards was in the parlour with the man, and objected to his coming -in, and Carter and Jackson and three others were then in the brewhouse, -and Steel was with them. After they had drunk three mugs of hot, they -got their horses out and sent him down for some brandy and rum, but -when he came up with it they were gone 20 yards below the house, though -several of them came back to drink, one or two at a time. That he did -not know what became of the man that he saw in the parlour; but he -observed they separated into two companies; that one of the company, a -little man, asked him if he did not know the place where they formerly -laid up some goods; and the prisoner Carter came back, and said they -must have a lantern and spade. That Richards fell in a passion because -he refused to go along with them, and upon seeing him coming towards -them with a light, the company parted: that he saw a horse stand at a -little distance, and there seemed to him to be a man lying across the -horse, and two men holding him on, and he believed the person he saw -lying across the horse was dead, but he was not nigh enough to see -whether he was or not. That when they came to the place, one of the -little men began to dig a hole; and it being a very cold morning, he, -the witness, took hold of the spade and helped to dig; and in that -hole the company buried the body that lay across the horse. That on -the Wednesday or Thursday following, about twelve or one at noon, the -prisoners Jackson and Carter, and all the rest of the company came -again to his house; and the prisoners Richard Mills the younger, and -his brother John, were sent for, and came to them. - -Edward Sones proved that on the 16th or 17th of September last he found -the body of a dead man in a well in Harris’s Wood, within 200 yards -of Lady Holt House, and that there were two pieces of timber over the -body. That he went immediately to get the coroner’s inquest, and when -he came back he saw the man had boots on, and there was a rope about -his neck; that the well is by Lady Holt Park, in the county of Sussex. - -Mr. Brackstone produced the boots and a belt that were taken off the -body, and given him by the Coroner. - -Mrs. Chater, the widow of Daniel Chater, deposed that she remembered -her late husband set out from Southampton on the 14th February last, -and that she had never seen him since that time; she looked upon the -belt produced by Mr. Brackstone, and said she knew it was the same belt -her husband had on when he set out from home, by a particular mark in -it; and she believed the boots produced were likewise her husband’s. - -Mr. Sones proved also, that the horse which Chater set out upon was -found about a month afterwards and delivered to the owner. - -The King’s Counsel submitted it here. - -Mr. Justice Foster acquainted the prisoners that the King’s Counsel, -having gone through their evidence, it was now time to offer what they -could in their own defence. - -He repeated to each of the prisoners the particular facts the evidence -had charged him with, and asked them severally what they had to say to -clear themselves of that charge. - -To which the prisoner Tapner said he did not know that they were going -to murder the man, but Jackson and Richards threatened to kill him if -he would not go with them, and he received three or four cuts from -Hammond or Daniel Perryer, but he did not know which; that Richards and -another man tied the rope; and he denied that he drew a knife and cut -Chater across the face. - -Mr. Justice Foster told him, that supposing he was threatened in the -manner he insisted on, yet that could be no legal defence in the -present case; and that in every possible view of the case, it was -infinitely more eligible for a man to die by the hands of wicked men, -than to go to his grave with the guilt of innocent blood on his own -head. - -Cobby said he did not know what they were going to do with the man, -that he never touched him, and he knew nothing of the murder. - -Hammond said when he understood what they were going to do, he wanted -to go off and make a discovery; but the company prevented him; and that -by the company he meant all the prisoners. - -Richard Mills the elder, said he did not know what they were at, and -did not think they would hurt the man; and did not know he was chained -till after they were gone away. - -Richard Mills the younger, said he knew nothing of the matter, and -never saw either of the men (Galley and Chater) in his life; he -acknowledged that he was at Scardefield’s house, but said he knew -nothing of the murder, and denied the charge; that Scardefield was the -only witness he had, for he (Scardefield) knew when he came, and how -long he stayed there. - -Jackson said, the man who said he would be Chater’s butcher, was his -butcher, and nobody else, that he (Jackson) was not by when he was -murdered, and was not guilty of it. - -Mr. Justice Foster cautioned him not to deceive himself, and told him -that with regard to the present charge, it was not necessary that he -should have been present at the murder; he was not charged with being -present, but as an accessary before the fact in advising and procuring -the murder to be done: and that was the fact he was called upon to -answer. - -Carter said that when he went to the widow Payne’s, he only thought -they were going to carry the men out of the way, till they saw what -should become of Dimer, and that he never laid hands upon them; and -went along with the company to prevent mischief. - -Scardefield, the witness, was then called again, and Richard Mills -the younger, being asked whether he would ask him any questions, only -desired he might be asked what time he came to his house, and how long -he stayed there; to which Scardefield answered, that Mills came to his -house about half an hour after one; stayed there about an hour and a -half, and went away on foot. - -The rest of the prisoners said they had not any witnesses. - -Upon which, Mr. Justice Foster opened to the jury the substance of -the indictment as before set forth; and told them that whether the -prisoners or any of them were guilty in manner as therein they are -severally charged, must be left to their consideration, upon the -evidence that had been laid before them. - -That in order to enable them to apply the evidence to the several -parts of the charge, it would be proper for him first to acquaint them -how the law determines in cases of this nature; that with regard to -the persons charged as principals, wherever several persons agree -together to commit a murder, or any other felony, and the murder or -felony is actually committed, every person present aiding and abetting -is, in the eye of the law, guilty in the same degree, and liable to -the same punishment as he who actually committed the fact. And the -reason the law goes upon is this, that the presence of the accomplices -gives encouragement, support and protection to the person who actually -commits the fact; and at the same time contributes to his security. - -That it is not necessary that the proof of the fact, in cases of this -nature, should come up to the precise form of the indictment; for if -the indictment charges that A did the fact, and that B and C were -present, aiding and abetting, if it be proved that B did the fact, and -that A and C were present aiding and abetting, they will be all guilty -within the indictment. - -That accessaries before the fact are those who, not being present in -any sense of the law at the time the fact is committed, have advised -or otherwise approved the fact to be done. These persons, in the case -of wilful murder, will be liable to the same punishment as those who -committed the murder by their instigation, advice or procurement. - -He then summed up the evidence very largely, and applied it to the -case of the several prisoners, and concluded, that if upon the whole, -the jury should be of opinion that either of the principals (Tapner, -Cobby, Hammond, or the others charged as principals in the indictment) -did strangle the deceased, and that the prisoners Tapner, Cobby, and -Hammond were present aiding and abetting, they will be within this -indictment. - -And if they should be of opinion that the prisoners charged as -accessaries before the fact, did advise, consent to, or procure the -murder, they likewise will be guilty within this indictment, though -they were not present when the fact was committed. - -The jury, after some little consideration, gave their verdict, that -Tapner, Cobby, and Hammond were guilty of the murder, as laid in the -indictment: And - -Richard Mills the elder, Richard Mills the younger, William Jackson, -and William Carter, were guilty, as accessaries before the fact. - - * * * * * - - _Chichester, January 18th, 1748–9._ - -The Judges being in court, the prisoners who were convicted yesterday -were all put to the bar; but Cobby, Hammond, Tapner, and the Mills’s -were set aside, and Jackson and Carter set forward in order to be tried -for the murder of William Galley. - -Then the Clerk of the Arraigns bid William Jackson and William Carter -to hold up their hands, which they did, and he then read over to them -the indictment on which they had been arraigned the day before, as -principals in the murder of William Galley, and to which they had -pleaded Not Guilty. - -Mr. Steele opened the indictment to the jury, and Mr. Bankes, the -King’s Counsel, spoke to much the same purport as he had done the day -before. - -Mr. Smythe, another of the King’s Counsel, spoke as follows, viz.: “I -shall only add a word or two, to explain why these two men, who were -convicted yesterday as accessaries before the fact to the murder of -Chater, and thereby liable to suffer death, should be tried a second -time as principals for the murder of Galley: - -“The reasons for it are, in the first place it will be necessary to -convict them as principals for the murder of Galley, otherwise the -accessaries to that murder, either before or after the fact, cannot be -convicted. - -“Another reason is, as the intention of all prosecutions, as well as -punishments, is not so much to revenge and punish what is past, as to -deter others from committing the like crimes, it may be of service -to the public to have every circumstance of this cruel transaction -disclosed, to shew how dangerous to their neighbours, and to the -country in general, those persons are who are concerned in smuggling, -and how much it concerns every man to use his utmost endeavours to -suppress, and bring them to justice. And it may have another good -effect in preventing persons from engaging in that lawless practice -when they see it consequently engages them in crimes, which at first -they might never intend; for I believe, if these unhappy men had been -told when they first began smuggling, that the time would come when -they would coolly bathe their hands in the blood of two innocent men, -bad as they now are, they would then have been shocked and startled at -the imagination of it; yet the men are so naturally led from one vice -to another, that having once transgressed the laws of their country, -they have insensibly arrived at such a height of wickedness, as to -commit this heinous crime without the least hesitation or remorse.” - -After which the following witnesses were called for the Crown, viz.:-- - -Mr. Milner, Mr. Shearer, William Galley, son of the deceased, were -severally produced and sworn, and Mr. Milner, Mr. Shearer, William -Galley gave the same evidence as on the former trial; as did Mr. Edward -Holton of the deceased and Chater’s calling on him at his house at -Havant, on Sunday, the 14th of February, 1747–8. - -Robert Jenks also proved upon the trial the same as he did upon the -former, with this addition: - -That when they were at the widow Payne’s, Jackson and Carter both said -they would see the letter for Justice Battine, because they thought the -men were going to swear against the smugglers; that both Jackson and -Carter hindered him from going through the room where the two men were; -and that one of the men had on a blue great coat. - -Being cross-examined at the request of Carter, whether he hindered him -from going through the room, - -Answered that both the prisoners did. - -Joseph Southern, William Lamb, William Garrett and George Poate, proved -the same as upon the former trial. - -John Race, to the first part of his evidence relating to his -transactions at the widow Payne’s, added, that the blood ran down from -Galley’s head and face, on Jackson knocking him down; and that Jackson -and Carter were not fuddled when he went away. - -Being asked if he was certain the two prisoners were present at -Rowland’s Castle at the consultation that was had to take the men -Galley and Chater away and confine them, said, Yes, he was sure they -were both present. - -William Steel, to his former evidence, added, that whilst they were -at the widow Payne’s, Jackson said, that if any of the gang went away -from them, he would shoot them through the head, or through the body, -or serve them as bad as the two men should be served. That he supposed -Jackson meant by this, that he would murder any of their own company, -or use any of them as ill as they did the officer and Chater, if they -left them; that when the company left off whipping Galley with their -thongs and lashes of their whips, as mentioned in the former trial, -because the lashes of the whips reached this witness, they beat him -with the butt-end of their whips, which were very heavy, and loaded -with lead, till one of their whips was beat all to pieces. That the -gravelly knap, where Galley was pushed off the horse, when he died, was -in Conduit-lane, in Rogate parish; and Little Harry pushed him in the -back, and shoved him down; and that Jackson and Carter, Little Sam, and -Richards, were in company when he died; and that they laid his body -upon a horse, and one man held him on one side, and another on the -other side, and so they led the horse along. That Carter and Jackson -went before to call Scardefield up, and when they came there, they laid -Galley’s body down in the brewhouse, at Scardefield’s, and carried -Chater into another room; that they drank every one a dram, and Jackson -and Carter asked Scardefield if he knew any place to bury that man in, -and he said “No.” But they said he must go with them; and they got a -spade, and a candle and lantern, and they laid Galley on horseback -again, and he (the witness), Carter, Little Sam and Scardefield, went -back for about a mile, and he held the horse whilst Scardefield, Carter -and Little Sam went to find the place to bury him in; and when they -had found it, Carter and Sam came back to him, and left Scardefield -to dig the grave. They went and buried him there, and returned back -to Scardefield’s again; that Jackson told them that whilst they were -burying Galley, he and Little Harry went to carry Chater to Old -Mills’s; that they buried Galley two or three feet deep in the heart of -a sand pit. The time at which they buried him was about three or four -o’clock in the morning. - -Being cross-examined, and asked by Carter, whether he (Carter) struck -Galley; answered that they all struck him. - -Being asked at the request of the prisoners’ Counsel, what was the -consequence of that thrust which Little Harry gave Galley, when he -fell the last time; answered that he thought by the fall Galley’s neck -was broke, because as soon as he was down he gave himself a turn, -and stretched out his hands and legs, and never stirred or spoke -afterwards; that Galley was not falling till Little Harry gave him -the push. Said that he did not know the parish of Rogate, or that the -place where Galley died was within that parish, any otherwise than that -he had been there since, and several people said it was the parish of -Rogate. - -Mr. Staniford, who was Counsel for the prisoners, moved, that the place -where Galley died was not in the county of Sussex, and therefore the -prisoners must be acquitted of this indictment; for that the present -special commission, by which their lordships were trying the prisoners, -was only to enquire into murders and felonies committed in the county -of Sussex. - -Whereupon the Counsel for the King replied that they would undertake to -prove the place in the county of Sussex; and for that purpose William -Steel was then asked whether the gravelly knap where Galley died was in -the county of Southampton or in the county of Sussex; answered that he -could not tell. That he had never heard, as he remembered, what county -that place was in, but he was carried thither last Friday to see the -place, and he shewed to some people then present the spot of ground -where Galley fell off the horse and died, and he believed he should -know one of the men that were with him. - -John Aslett being called up, Steel said he was one of the men that was -there. - -Aslett was then sworn, and proved that he was with Steel and some -dragoons on Friday last; that Steel pointed down to the ground with -a stick, and said, “There the man died”; that he (the witness) took -particular notice of that place, and is sure it was in the parish of -Harting in Sussex; that he now lives at Harting, and was born and bred -just by, and had lived there ever since he was a lad, and served the -offices of surveyor and constable. - -Steel, being cross-examined, was asked how he could remember the place -so as to be sure of it; said he knew the place very well again by the -little gravelly rising of the ground. - -William Scardefield proved the same as in the former trial, with the -following facts relating to the burial of Galley: that one of the gang -asked him if he knew the place where they laid up some goods about a -year-and-a-half ago, and he told them he did; upon which the man said, -“You must go along with us,” but the witness told him his wife was ill, -and he could not leave the house; and then Carter came in and asked -for a lantern, and Edmund Richards told him he must go with them, to -which he replied, if he must go, he must; that when he came down the -hill a little way from his own house, he saw two companies, one on the -right and the other on the left; that Carter, Steel, and a short man -he did not know, went on to the place, and one of them came up after -him, and he told him where it was; upon which they brought the horse -up to a rough kind of a dell, and the short man fell a-digging, and -it being a very cold night, he (the witness) took the spitter and dug -to keep himself warm; there seemed to him to be a man upon the horse, -and it fell into the pit like a dead man, and they covered it up; and -he verily believed it to be the body of a man, but he did not help to -put it in, and was about three or four yards from it; he never went -nigh the ground afterwards, and did not see the body of a man upon the -horse afterwards, or anywhere else; that the earth was thrown over the -pit, and the short man did most of the work; and he did not enquire, or -choose to ask any questions about it. - -Edward Sones proved the finding the body of a dead man, in a fox earth, -within three-quarters of a mile of Rake; there were boots upon the -legs, and a glove upon one hand; that the body was much perished, and -had a waistcoat and breeches on. - -John Greentree produced a coat which he took up beyond Harting Pond in -the public road, on the 15th of February last, and swore that there -were some writings and a letter-case in the pocket, which he said he -should know if he was to see them again. - -Upon this a parchment was delivered into court by Justice Battine, and -shewn to the witness, who said it was the same that he found in the -coat pocket. - -It was then read, and appeared to be a deputation under the -commissioners of the customs, dated April, 1731, appointing Galley to -be a tidesman in the port of Southampton. - -William Galley, son of the deceased, looked at the coat which the -witness produced, and proved it to be a coat his father had on the 14th -of February, 1747–8, when he set out with Chater for Major Battine’s to -carry a letter to the Major. - -John Greentree was called again, and said that the coat was very bloody -when he found it. - -The King’s counsel submitted it here, upon which the prisoners being -called upon to make their defence, - -The prisoner Carter said he never intended to hurt the man, and never -struck him, and only intended to carry him away to take care of him -till they knew what became of Dimer; and that he had not any witnesses. - -The prisoner Jackson said little or nothing, only that he did not kill -the man, nor did he know who did. - -The prisoners having neither of them any witnesses to produce, Mr. -Justice Foster opened to the jury the substance of the indictment, -as before set forth, and told them that where several people joined -to do an act in itself unlawful, and death ensues from anything done -in prosecution of that unlawful design, they will be all considered -as principals in murder, if they were all present aiding or abetting -therein; that it was not necessary that each of the prisoners at the -bar should be guilty of every single abuse that was offered to the -deceased in the long series of barbarities the witnesses of the crown -had laid before them; if all or any of these abuses contributed to his -death, and the prisoners at the bar were engaged in the several designs -against him, and present aiding and abetting the others, they will be -guilty within this indictment. - -He summed up the evidence very largely, and applied it to the case of -the prisoners; and then left it to the consideration of the gentlemen -of the jury. - -The jury, after some little consideration together, gave their verdict, -that William Jackson and William Carter were both Guilty. - -The counsel for the crown then moved for judgment; and all the seven -prisoners being set to the bar, and severally asked what they had to -say why judgment of death should not pass on them, Old Mills said he -had nothing to say, only that he knew nothing of the murder of Chater. - -Young Mills said he was not at Scardefield’s a quarter of an hour; and -that it was by accident he called there, and that he knew nothing of -the murder. - -Hammond and Cobby said they were compelled to stay by Richards and -Jackson, and that they would have made their escape, but could get no -opportunity to do so. - -Tapner said he did not cut Chater across the face, neither could he -tell who did. - -Jackson and Carter said that they had nothing more to say than what -they had already said, - -And none of the prisoners or their counsel having anything to offer in -arrest of judgment, Mr. Justice Foster spoke to them as follows:-- - -“Benjamin Tapner, John Cobby, John Hammond, William Jackson, William -Carter, Richard Mills the elder, and Richard Mills the younger, you -have been convicted upon very full and satisfactory evidence of the -murder of Daniel Chater; three of you as principals, and the rest as -accessaries before the fact. - -“And you, William Jackson and William Carter stand further convicted as -principals in the murder of William Galley. - -“Deliberate murder is most justly ranked amongst the highest crimes -human nature is capable of; but those you have respectively been -convicted of, have been attended with circumstances of very high and -uncommon aggravation. - -“The persons who have been the objects of your fury, were travelling on -a very laudable design, the advancement of public justice. For this -they were beset in their inn, tempted to drink to excess, and then laid -asleep in an inner room, while a consultation was held in what manner -to dispose of them: and in the end a resolution was taken to carry them -to some distant place and to dispatch them by some means or other. - -“In consequence of this resolution they were set on horseback, and -exercised with various kinds of cruelty for many hours together, till -one of them sunk under the hardships he suffered and died upon the road. - -“The other was carried to a place of safe custody, there kept chained -on a heap of turf, expecting his doom for three days. During this -dreadful interval, a second consultation was held, and a resolution -taken to dispatch him too; not a single man of thirteen who were -present offering a word in his behalf. - -“He was accordingly hurried to his death; and though he begged -earnestly to live but one day longer, that small respite was denied -him. I will not repeat every circumstance: but I cannot forbear putting -you in mind of one. When the poor man was told he must die that very -night, some of you advised him to say his prayers, and accordingly he -did address himself to prayer. - -“One would have hoped that this circumstance should have softened your -hearts, and turned you from the evil purpose you were bent upon. Happy -had it been for you, if you had then reflected, that God Almighty was -witness to every thing that passed among you, and to all the intentions -of your hearts! - -“But while the man, under great distraction of thought, was -recommending his soul to mercy, he was interrupted in his devotion by -two of you in a manner I scarce know how to repeat. - -“I hope your hearts have been long since softened to a proper degree -of contrition for these things; and that you have already made a due -preparation for the sentence I am now to pass upon you. - -“If you have not, pray lose not one moment more. Let not company, or -the habit of drinking, or the hopes of life divert you from it; for -Christian charity obliges me to tell you that your time in this world -will be very short. - -“Nothing now remains but that I pass that sentence upon you which -the Law of your Country, in conformity to the Law of God, and to the -practice of all ages and nations, has already pronounced upon the crime -you have been guilty of. This court doth therefore award that you, -Benjamin Tapner, William Carter, John Hammond, John Cobby, Richard -Mills the elder, Richard Mills the younger, and William Jackson, and -each of you shall be conveyed from hence to the prison from whence you -came, and from thence you shall be led to the place of execution, where -you shall be severally hanged by the neck, until you shall be dead, and -the Lord have mercy upon your souls.” - - * * * * * - -Having now completed the trials of these seven bloody criminals, I -shall next give you the short Appendix which has been published by -three of the clergymen who attended them after their conviction, and -who have signed their names to the same, after which I shall give a -much fuller account of their wicked lives and behaviour. - -After sentence, the prisoners were carried back to Chichester gaol. The -court were pleased to order them all for execution the very next day, -and that the bodies of Jackson, Carter, Tapner, Cobby, and Hammond, -the five principals, should be hung in chains. Accordingly, they were -carried from the gaol, to a place called the Broyle, near Chichester; -where, in the presence of a great number of spectators, on Thursday, -the 19th day of January last, about two o’clock in the afternoon, all -of them were executed, except Jackson, who died in jail, about four -hours after sentence of death was pronounced upon him. - -The heinousness of the crimes of such notorious offenders may possibly -excite in the reader a desire to be informed of their respective -behaviour whilst under sentence of death, and at the place of -execution; to satisfy which is subjoined the following authentic -account, under the hands of the several clergymen who attended them -alternately in gaol, and together at the place of execution:-- - -“The first time I went to the malefactors under condemnation, being the -evening after sentence was passed upon them, I prayed with them all; -viz., Carter, Tapner, Cobby, Hammond, and the Mills’s (Jackson being -dead just before I went to the gaol) but many persons being present, -I had no opportunity of saying any thing material, and therefore told -them I would visit them early the next morning, which I did accordingly. - -“After prayers, I talked with them about their unhappy condition, and -the heinous crimes that brought them into it. I asked them if they -desired to receive the Sacrament; they all and each of them desired -that I would administer it to them; accordingly I attended them again, -about ten o’clock, for that purpose; and during the whole time of -my performing that office, they all behaved with great decency and -devotion, especially Carter and Tapner. - -“Afterwards I put the following questions to them, and desired they -would be sincere in their answers as dying men; first, whether they -did not acknowledge the sentence that was passed upon them to be just, -and what they highly deserved? Carter, the most sensible and penitent -amongst them, first answered, Yes; as did afterwards Tapner, Cobby, and -Hammond; but the two Mills’s did not. - -“Secondly, I asked them whether they forgave everybody; they all and -each answered they forgave all the world. Tapner then owned that Edmund -Richards and another were the cause of his ruin, but yet forgave them. - -“Carter laid his ruin to Jackson for drawing him from his honest -employment. - - “JOHN SMYTH, - “Curate of St. Pancras, in Chichester.” - - * * * * * - -“Both Carter and Tapner, a few hours before their execution, confessed -to me that they with several others assembled together with a design -to rescue Dimer out of Chichester gaol; that the only person amongst -them who had arms was Edmund Richards; but that being disappointed -by a number of persons who had promised to join them from the East, -their scheme was frustrated and their purpose carried no further into -execution; that one Stringer[9] was at the head of this confederacy, -but not present with them at the time of their assembling together. - - “SIMON HUGHES, - “Vicar of Donnington in Sussex.” - -“Benjamin Tapner, of West Stoke, in Sussex, labourer, son of Henry -Tapner, of Aldingbourne, Sussex, bricklayer, aged 27, before he was -turned off, owned the justice of his sentence, and desired all young -persons to take warning by his untimely end, and avoid bad company, -which was his ruin. When in gaol, before he was brought out for -execution, he said he did not remember he put the rope about Chater’s -neck. - -“William Carter, of Rowland’s Castle, thatcher, son of Wm. Carter, of -East Meon in Hants, aged 39, at the place of execution and in gaol, -confessed the justice of the sentence passed upon him, and acted more -suitably to a person in such unhappy circumstances than any of them; he -likewise at the gallows, cautioned every one against those courses that -had brought him to so shameful an end. - -“Tapner and Carter, when all the ropes were fixed, shook hands, but -what or whether any words then passed between them, was not heard. - -“Richard Mills the elder, of Trotton, in Sussex, colt-breaker, son -of ---- Mills of List, in Hants, labourer, aged 68, was unwilling to own -himself guilty of the fact for which he died, and said he never saw -Chater; but being asked whether he never heard him, as he was confined -so long in the next room to that in which he generally sat, made no -answer. - -“Richard Mills the younger, of Stedham, colt-breaker, son of the -aforesaid Richard Mills, aged 37, would willingly have been thought -innocent; and it being put to him whether he made that speech about -the council of war, &c., and whether he was not at the consultation, -denied both; but in the latter Tapner confronted him, and said, ‘Yes, -young Major, you was there;’ to which Mills replied, ‘Ay, for a quarter -of an hour or so,’ or to that purpose. It so happened that his rope -was first fixed to the gallows, and a considerable time was taken up -in fixing the rest, which interim he might have much better employed -than he did in gazing at the spectators, and then at the hangman (while -tying the ropes of the other malefactors) till the cart was almost -ready to drive away. - -“John Cobby of Sidlesham, in Sussex, labourer, son of James Cobby of -Birdham, in Sussex, carpenter, aged 30, appeared to be very dejected, -and said but little in gaol, and little at the gallows. - -“John Hammond of Bersted, in Sussex, labourer, son of John Hammond of -the same place, labourer, aged 40, seemed likewise very much dejected, -and had little to say for himself, excepting his pretending that the -threats of Jackson, Carter and the rest, were the occasion of his being -concerned in the murder. - -“Cobby’s excuse was much the same. - -“They all, except the two Mills’s, seemed sensible of the heinous -nature of the crime for which they died, and behaved as became men in -their unhappy condition, more particularly Carter; but the Mills’s, -father and son, appeared hardened and unaffected, both in the gaol and -at the gallows, especially the son, who seemed by his behaviour, even -when his rope was fixed to the gallows, to be as little moved at what -he was about to suffer, as the most unconcerned spectator. However, -just before the cart drove away, he and his father seemed to offer up -some prayers to God. - - “R. SANDHAM, - “Vicar of Subdeanry in Chichester. - - “JOHN SMYTH, - “Curate of St. Pancras.” - -As Jackson died so soon after condemnation, no other account can be -given of him, than he was of Aldsworth, near Rowland’s Castle, in -Hampshire, labourer, aged about 50 years; and that being very ill all -the time of his trial, as he had been for a considerable time before, -was shocked at the sentence of death, and the apprehensions of being -hung in chains, to such a degree as hastened and brought on his death -before he could pay the forfeit of his life in that ignominy to which -he was most deservedly doomed, and more particularly due to him as a -ringleader in the most cruel and horrid barbarities and murders. - -He professed the Romish religion some years before his death, and -that he died a Roman Catholic may very reasonably be presumed from a -printed paper that was found carefully sewed upon a linen purse in his -waistcoat pocket immediately after his death, supposed to be a popish -relique, and containing the following words, viz.:-- - - “Sancti tres Reges - Gaspar, Melchior, Balthasar, - Orate pro Nobis nunc et in Hora Mortis Nostræ. - Ces Billets ont touche aux trois Testes de S. S. Roys - a Cologne. - -Ils sont pour Des Voyageurs, contre Les Malheurs de Chemins, Maux de -Teste, Mal-cadaque, Fievres, Sorcellerie, toute sorte de Malefice, -Morte subite.” - -In English thus: - - “Ye three Holy Kings, - Gaspar, Melchior, Balthasar, - Pray for us now, and in the hour of death. - These papers have touched the three heads of the Holy - Kings at Cologne. - -They are to preserve travellers from accidents on the road, headaches, -falling sickness, fevers, witchcraft, all kinds of mischief and sudden -death.” - -The body of William Carter was hung in chains in the Portsmouth road, -near Rake, in Sussex; the body of Benjamin Tapner on Rook’s Hill, near -Chichester; and the bodies of John Cobby and John Hammond upon the sea -coast, near a place called Selsea Bill, in Sussex, where they were seen -at a great distance, both east and west. - -The bodies of the Mills’s, father and son, having neither friend or -relation to take them away, were thrown into a hole, dug for that -purpose, very near the gallows, into which was likewise thrown the -body of Jackson. Just by is erected a stone having the following -inscription, viz.:-- - - “Near this place was buried the body of William Jackson, a - proscribed smuggler, who upon a special commission of Oyer - and Terminer, held at Chichester, on the 16th day of January, - 1748–9, was with William Carter, attainted for the murder - of William Galley, a custom-house officer; and who likewise - was, together with Benjamin Tapner, John Cobby, John Hammond, - Richard Mills the elder, and Richard Mills, the younger, his - son, attainted for the murder of Daniel Chater; but dying in - a few hours after sentence of death was pronounced upon him, - he thereby escaped the punishment which the heinousness of his - complicated crimes deserved, and which was the next day most - justly inflicted upon his accomplices. - - “As a memorial to posterity, and a warning to this and - succeeding generations, - - “This stone is erected - “A.D. 1749.” - - -Having now given an account of the behaviour of these seven bloody -criminals, as occurred to the three clergymen who attended them after -their receiving sentence of death, and who signed their names to the -same; we shall now insert the account of their behaviour from the time -of their being brought to Chichester gaol, to their execution, which -account was taken by two persons who constantly attended on them, and -is what occurred at the times the clergymen before-mentioned were not -present; and are inserted to make this account complete. - -The seven prisoners that were condemned, together with William -Combleach the gardener, committed on suspicion of being concerned in -the murder of Daniel Chater, were brought from Horsham gaol, in one -waggon under a strong guard of soldiers, to Chichester, on Friday the -13th January, 1748–9. - -Jackson being sick, was kept upstairs in a room by himself; and the -other seven, William Combleach being with them, were put in a lower -room, all ironed and stapled down, and well guarded; but behaved very -bold and resolute, and not so decently as became people in their -circumstances. They ate their breakfast, dinner and supper regularly, -without any seeming concern, and talked and behaved freely to everybody -that came to see them. Old Mills looking out of a window the day after -they came there, which was market-day, young Mills said to Tapner, “D--n -the old fellow, he will have a stare out.” - -1. Richard Mills, sen., was formerly well respected by the gentlemen -of the county; but having had for many years concerns with the -smugglers, and a smuggler himself, and having prevailed on his sons to -go a-smuggling likewise, he lost most of his business and character. -He frequently said, that he was only sorry for his sons, for as to -himself, he was under no trouble, for he was sure that he could not, -according to the common course of nature, live above a year or two -longer. - -A few hours after sentence was passed upon him, a clergyman who lived -near him, went to see him in the gaol, in order to discourse with him -and bring him to a true sense of his deplorable condition; to which -purpose he recommended him to make use of his few remaining moments -in preparing for eternity. While the clergyman was thus seriously -talking to him about the concerns of his soul, the old man interrupted -him and said, “When do you think we shall be hanged?” The gentleman, -after reproving him for the little concern he discovered about the -more important affairs of another world, told him he believed his time -was very short, and that he thought his execution would be ordered -some time the next day, but could not exactly say at what hour. Mills -replied, that as to the murder it gave him but little trouble, since he -was not guilty of it; but as to the charge of smuggling, he owned he -had been concerned in that trade for a great many years, and did not -think there was any harm in it. - -Being particularly asked, if he did not know that Chater was kept -chained in his turf-house, he answered very indifferently, that he -could not tell, he believed he did, but what was that to the murder? -But being told that his maid, Ann Bridges, had declared upon oath, -that he got up when Jackson and Little Harry[10] brought Chater to -his house about three o’clock in the morning, and that he ordered -her not to go into the turf-house, for there was a person there whom -it was not proper she should see; he could not tell what to say, but -stood seemingly dumbfounded; and an answer being pressed from him, he -acknowledged that he did get up and let them in, and told Little Harry -to carry him (Chater) into the turf-house, and chain him; and that he, -as well as Little Harry, did look after him till the gang came and took -him away the Wednesday night, but that he was no ways concerned in -the murder; but at last he did acknowledge, that he did know they had -agreed to carry Chater to the well by Lady Holt Park, and hang him, and -throw him into it; and that Tapner took a cord for the purpose from his -house. - -Old Mills had been poor some time, and had left off smuggling, that is, -going with the gangs to the seaside to fetch the goods, being sensible -of the danger of going with others in a gang with firearms; but he got -something by letting the smugglers bring anything to the house; and to -blind the neighbours, he lived privately with his maid, Ann Bridges, -and had, for upwards of a year, received alms from the parish, as he -himself acknowledged. - -2. Richard Mills, jun., had been concerned in smuggling for many years. -He was a daring, obstinate, hardened fellow, and seemed capable of any -mischief. He said to a gentleman, who went to see him, that he did not -value death, but was not guilty of the murder of which he was accused, -since he was not present when it was done; though if he had, he should -not have thought it any crime to destroy such informing rogues. After -his trial was over, two gentlemen going up to see him, they told him -that his brother John,[11] who had been advertised in the Gazette as -an accomplice in the murder of one Hawkins, and was likewise concerned -in the murder of Mr. Chater, but not then taken, was seen following -the judges over Hynd Heath, in their way to Chichester. “What,” said -Mills, “there has been no robbery committed upon the highway lately, -has there?” Upon which the person replied, “Not that I have heard of.” -Mills made answer, “I suppose Jack must take to the highway, for he -has no other way to live, till an opportunity offers of his getting to -France, which I heartily wish he may do.” After their conviction on -Tuesday night for the murder of Chater, he and the rest of them were -remanded back to prison, and ordered to be brought down the next day, -when Jackson and Carter were to be tried for the murder of Galley, and -the whole to receive judgment, when Mills said, “What the d--l do they -mean by that? Could not they do our whole business this night, without -obliging us to come again and wear out our shoes? Well! if it must be -so, the old man and I will go first, but I will give the old man the -wall,” as he accordingly did. - -3. John Cobby seemed a harmless, inoffensive creature, and being of an -easy temper, it is supposed he was the more easily influenced to take -on with the smugglers, though he declared he had not long been with -them. He acknowledged that he was at the well when Chater was hung, and -flung into it, and that he, as well as the rest, were all guilty of the -crime for which they were condemned. He was very serious, and seemed -very penitent; owned he was a great sinner; begged pardon of God for -his offences, and hoped the world would forgive him the injuries he had -done to anybody. - -4. Benjamin Tapner was born of very honest parents, who gave him good -schooling; and he always lived in good repute, till being persuaded by -Jackson and some others to follow their wicked courses: which he had -done for something more than two years. He behaved all the time under -his confinement more decently than some of the others, and frequently -prayed very devoutly. He was always very reserved if mention was made -of the cruelties he exercised on Chater. A gentleman, who desires his -name may not be mentioned, went to see him on Tuesday evening, just -after his conviction, who, taking him to one corner of the room, asked -him if there was anything in the report of his picking Chater’s eyes -out, when he declared, as a dying man, he never made use of any weapon -but his knife and whip; and that he might in the hurry pick one of his -eyes out with the point of his knife, for he did not know what he did, -the devil had got so strong hold of him. He said he had been in many -engagements with the King’s officers, and been wounded three times; and -hoped all young people would take warning by his untimely fate, and -keep good company, for it was bad company had been his ruin. - -5. William Carter behaved himself very serious, and said that Jackson -had drawn him away from his honest employment to go a-smuggling, which -was the cause of his ruin; and indeed his general character was very -good except in that particular. He declared that these murders would -never have happened, had not Mrs. Payne, at Rowland’s Castle, sent for -him and Jackson, and in some measure exasperated them against Galley -and Chater, as being informers. This Mrs. Payne and her two sons are -in custody in Winchester Gaol, in order to take their trials at the -ensuing assizes, when it is hoped they will meet their just reward. - -6. John Hammond was a hardened, obdurate fellow, and very resolute, -and always had great antipathy against the King’s officers and others -concerned in suppressing smuggling; and often would let drop words out -of his mouth, and that he did not think it any crime in killing an -informer; but when he came to receive sentence he began to cry very -much. He frequently lamented the case of his wife and four children, -and said that was all that touched him; as for dying he did not mind it. - -7. William Jackson died in his room about 7 o’clock the same night -he received sentence of death. He had been one of the most notorious -smugglers living in his time; and most of them, as well as Carter, -gave him the worst of characters, and that he was even a thief among -themselves; for when he knew that any of them had got any run goods, he -would contrive to steal them away from them. He reflected on himself, -after receiving sentence, for what he had said on his defence, that -Tapner only was guilty; for he declared they were all concerned; and -that when he had been concerned in the murder of Galley, he contrived -to bring Cobby, Hammond, the three Mills’s, Stringer, Tapner, and the -rest, to be concerned in the murder of Chater, lest they might, one day -or other, run to the government, and make themselves an evidence, but -by being guilty of murder, it would be an entire bar to them. - -The afternoon preceding their execution, a person came to take measure -of Jackson, Cobby, Hammond, Carter and Tapner, in order to make -their irons in which they were to be hung in chains! which threw the -prisoners into very great confusion, and they seemed under a greater -concern than ever they had shewed before. But when old Mills and his -son were told that they were exempted from that part of the punishment, -they seemed to be mightily pleased at it, and contented to be hung only -as common malefactors. - -But it deserves particular notice, with respect to Jackson, that he was -no sooner told that he was to be hung in chains, but he was seized with -such horror and confusion, that he died in two hours afterwards; and -though he was very ill before, yet it is believed that this hastened -his end, and was the immediate cause of his death. - -The foregoing accounts are a melancholy proof of the dreadful effects -which are the fatal but too frequent consequences of the offence -of smuggling--a crime which, however prejudicial to the kingdom in -general, and to every fair trader in particular, perhaps may not, from -an inattention to the many and monstrous mischiefs derived from it, -have met with that general detestation and abhorrence it so highly -deserves. - -But a perusal of these sheets, shocking to every reader, cannot fail -to alarm the nation, and open the eyes of all people, who must reflect -with horror upon a set of dissolute and desperate wretches, united by a -parity of inclinations and iniquities, formed into dangerous gangs and -confederacies, that encouraged by numbers they might exercise cruelties -and commit barbarities, which, abandoned as they were, they singly -durst not attempt. Villains! not to be won by lenity, despising and -rejecting proffered pardons, proceeding from crime to crime, till they -arrived at the highest and, until now, unheard-of pitch of wickedness: -who, not content with defrauding the King in his customs and revenues; -not satisfied with violating the properties and possessions, pursued -the lives of his subjects and servants, whose very blood could not -satiate their malice--tortures were added to aggravate the pangs of -death. - -Before we take leave of these wretches, and begin upon the account of -that most notorious villain and murderer, John Mills, and the rest, -as promised, we think it will be very necessary to inform our readers -of their several behaviours at the place of execution, not mentioned -before in the account given by the three clergymen. - - - AT THE PLACE OF EXECUTION. - -The prisoners were brought out of the gaol about two in the afternoon -of Thursday, the 19th of January, 1748–9, being the day after receiving -sentence, when a company of Foot Guards and a party of Dragoons were -drawn out ready to receive them, and to conduct them to the place of -execution, which was about a mile out of the town. The procession was -solemn and slow; and when they came to the tree, they all, except the -two Mills’s, behaved a little more serious than they had done before. - -Carter said the sentence was just on them all, for they were all -guilty, as charged in the indictments; and lamented the case of his -wife and children, and said he hoped others would take warning by his -untimely end. - -The Mills’s, as I observed before, seemed no ways concerned; and the -young one said he did not value to die, for he was prepared, though at -the same time he appeared so very hardened and abandoned. - -The halter that was used for the old man was very short, the gallows -being high; so that he was obliged to stand a-tiptoe to give room for -it to be tied up to the tree: the old fellow saying several times while -this was doing, “Don’t hang me by inches.” - -Tapner appeared very sensible of his crime, and prayed aloud, and -seemed, as I hope he was, very sincere and devout. He declared that -Jackson, Cobby and Stringer held three pistols to his head, and swore -they would shoot him if he did not go and assist in the murder of -Chater, the old shoemaker, who was going to make an information against -their shepherd, Dimer, otherwise Diamond; that they also extorted three -guineas from him by the same way of threats, to repay Jackson and -Carter what they had been out of pocket on that account. He said they -were all guilty of the crimes laid to their charge; and that one T--ff, -well known in Chichester, and Stringer, John Mills[12] and Richards -(all not taken) were as guilty as himself; and as they deserved the -same punishment, he hoped they would all be taken, and served the same -as he was just going to be. He acknowledged cutting Chater across the -face, but did not care to repeat any of the cruelties he had exercised. - - * * * * * - -We are now come to the conclusion of the trials, and the behaviour of -those who were executed at Chichester, and shall next proceed to those -that were brought on at the assizes at East Grinstead, where two of the -same gang were tried for murder, namely, Sheerman for that of Galley, -and John Mills, called Smoker, for that of Hawkins, who was destroyed -in as cruel and barbarous a manner as either Galley or Chater. - -After which we shall give an account of the trials of the other -smugglers, which were very remarkable for the most notorious crimes -with which they are charged, such as murder, housebreaking, robberies -on the highway, &c. But as Sheerman was tried for the crime for -which several others had been already convicted, as has before been -related, we think this trial will most properly follow those of his -confederates, and with whom he had been concerned throughout the whole -course of their villainies. - -After which will follow the trial of John Mills, who not only had a -hand in the murder of Chater, but likewise was a principal in that of -poor Hawkins. - -Henry Sheerman, otherwise Little Harry, was indicted for the inhuman -murder of William Galley, which the said Sheerman, in company with -several others, did perpetrate and accomplish on the said William -Galley, by tying and fastening him on a horse, and then lashing, -whipping and beating him with their whips, till the said Galley, no -longer able to bear the cruel scourges, fell with his head under -the horse’s belly, and his feet across the saddle; that being again -set upright on the horse, the said prisoner, with the rest, again -whipped, beat and bruised him, by the means of which he fell off the -second time; and being set on another horse, the said prisoner, with -the others, again beat and whipped him, till the said Galley was so -terribly bruised and wounded that, being ready to fall off the horse, -the prisoner gave him a push, and threw him to the ground, of which -blows, wounds and bruises, and fall from the said horse, he died. - -The counsel for the King upon this indictment were the same as were -upon that against John Mills and John Reynolds, who after laying -open and explaining to the court and jury the heinous nature of the -offence and the pernicious consequences of smuggling, which generally -brought on murder, robbery and other enormous crimes, they produced the -following witnesses in support of the charge against the prisoner. - -Mr. Shearer, collector of the customs at Southampton, deposed that he -received a letter from the commissioners of the customs, informing -him that one John Dimer was taken up on suspicion of being concerned -with others in breaking open the custom-house at Poole and committed -to Chichester gaol; that thereupon he sent one Chater with a letter to -Justice Battine under the care of the deceased William Galley, the 14th -day of February was twelvemonth, and hired a grey horse for him to ride -on. - -William Galley, son of the deceased William Galley, deposed that he -very well remembered that some time in February was twelvemonth, his -father set out on a journey to Justice Battine; that the night before -he went he saw the letter and saw the direction upon it, which his -father was carrying to the justice; that his father was dressed in a -blue great coat, lined with blue, with brass buttons, a light brown -close-bodied coat trimmed with blue, his waistcoat and breeches the -same, and rode upon a grey horse, and that he never saw his father -afterwards. - -George Austen deposed that on the 14th of February was twelvemonth, -being at the New Inn at Leigh, he saw the deceased William Galley -and another person on horseback, and hearing them enquire the way to -East Marden, and shewing a letter they had for Justice Battine, he -said that he and his brother, Thomas Austin, and his brother-in-law, -Robert Jenkes, were going part of that road and would shew them the -way; that he went with them to a place called Rowland’s Castle, to a -public-house kept by one widow Payne; that being there Galley and his -companion called for rum. That the widow Payne enquired of him if he -was acquainted with these men, or whether they belonged to his company. -He told her they were going to Justice Battine’s; upon which she -apprehended there was something in hand against the smugglers, several -of whom came in soon afterwards. - -John Race, otherwise Raise, an accomplice in the fact, deposed that on -the 14th of February was twelvemonth, he was at Rowland’s Castle; that -when he came in, he saw there Edmund Richards, William Steel, Carter, -Jackson, Little Sam, Richard Kelly, Jackson’s wife, and the prisoner -Henry Sheerman, together with Galley and Chater: that he saw Jackson -take Chater to the door, and heard him ask him whether he knew anything -of Dimer the shepherd, and Chater answering that he was obliged to -appear against him, Galley came to them, to interrupt their talking, -which Jackson resenting, struck him on the face with his fist. Being -all come into the house again, Jackson related to the rest of them -what Chater had said in relation to Dimer; upon which they consulted -together what to do with Galley and Chater, and it was agreed by -them all to carry them to a place of security, till they should have -an opportunity of sending them to France; and that the prisoner was -present at this consultation. - -William Steel, another of the accomplices in the fact, deposed that -on the 14th of February was twelvemonth he was sent for to the widow -Payne’s; that when he came there he found Jackson, Little Sam, Kelly, -Carter, Richards, Race and Little Harry; that he saw the two strangers -there, Galley and Chater, who were drinking with the prisoner, and the -rest of the smugglers; that Jackson took Chater out of the house, and -was followed by Galley, who soon after returned with his face bloody, -having, he said, been knocked down by Jackson. That Galley and Chater -wanting to be gone, the prisoner, with the rest of the smugglers -persuaded them to stay, and the company continued drinking till Galley -and Chater were quite drunk, and were led into a little inner room to -sleep; this was about four or five o’clock. That in the meanwhile this -witness, with the rest of the smugglers, the prisoner being present, -consulted what to do with Galley and Chater; and it was proposed to -make away with them, and to that end, to throw them into the well in -the horse pasture, about a quarter of a mile from Rowland’s Castle; but -upon second thoughts that well was judged too near, and might occasion -a discovery. That then it was agreed to allow threepence a week each, -and to keep them in some private place till they saw what was the fate -of Dimer; and as Dimer was used, in the same manner they agreed to use -Galley and Chater. That about seven o’clock Carter and Jackson went -into the little room, and having waked Galley and Chater, brought them -out all bloody; and he believed that Jackson and Carter had kicked them -with their spurs, which they had just before put on; that they then -brought Galley and Chater out to the street door, and set them both -upon the same horse, and tied their legs together under the horse’s -belly. That then he (the witness) got upon a grey horse, and led that -the deceased and Chater were upon; that they had not gone above 80 -yards, before Jackson called out “Whip the dogs, cut them, slash them, -d--n them”; and then the company fell to lashing and whipping them; -while they rode about a mile to a place called Wood’s Ashes; that there -they all alighted, and the prisoner, Little Harry, gave each of them a -dram, but none to Galley and Chater; that mounting their horses again, -they fell to beating and lashing the two men as violently as they -had done before, till they came to Dean, which was about half a mile -further; that then one of the company pulled out a pistol, and swore -he would shoot them (Galley and Chater) through the head, if they -made any noise while they were passing through the village; when they -were got through Dean, they fell to whipping them again, till they -came almost to Idsworth, when Galley and Chater fell again with their -heads under the horse’s belly; upon which they parted them, and set -up Galley behind him (this witness), and Chater behind Little Sam, -and thus proceeded towards Lady Holt Park, about three miles further, -whipping them all the way; but the lashes of their whips falling on -this witness, he cried out and they left off whipping Galley; that -being come to Lady Holt Park, Galley being faint and tired, got off, -and Jackson and Carter took him by the arms and legs, and carried him -to a well there, into which they said they would throw him; but some -of the company interposing, they set him up behind this witness, but -went on till they came down a hill, and Galley, not being able to -ride any further, got down again; upon which they laid him upon the -pommel of the saddle, across a horse before Richards, with his belly -downwards, and in this manner carried him about a mile and a half; that -then Richards, being tired of holding him, let him down by the side -of the horse; that then they put him upon the grey horse which this -witness rode upon, and this witness got off; they sat him up, his legs -across the saddle, and his body lay over the mane, and Jackson held him -on, and went on in this manner for about half a mile, Galley crying out -grievously all the time, “Barbarous usage! barbarous usage! For God’s -sake shoot me through the head or through the body;” he (the witness) -imagined that Jackson was squeezing his privy parts. That they went on -for two miles further, and coming to a dirty lane, Carter and Jackson -rode forwards, and bade them stop at the swing gate till they returned. -Being gone a little while, they came back again and said that the man -of the house was ill and could not entertain them. It was then proposed -to go to the house of one Scardefield at Rake, upon which the prisoner -tied Galley with a cord, and got up on horseback behind him in order to -hold him on; and coming to a gravelly knap in the road, Galley cried -out, “I shall fall, I shall fall;” whereupon the prisoner then said, -“D--n you, then fall,” and gave him a push, and Galley fell down, gave -a spirt and never spoke afterwards; he (the witness) believed his neck -was broken by the fall; that then they laid him across the horse again, -and went to the Red Lion at Rake, kept by William Scardefield, whither -they carried Chater all over blood. That Jackson and the prisoner went -from Scardefield’s with Chater, to Old Mills’s, where he was left to -the care of the prisoner, and in the meantime they buried Galley. - -This witness was asked by the court whether the prisoner was present at -the first consultation at the widow Payne’s, and continued in the same -company to the death of Galley, and he answered: “Yes, he was with them -all the time.” - -Then William Scardefield was sworn, who deposed that the prisoner at -the bar was with the rest of the smugglers at his house at Rake, when -Galley was brought dead there, but went away with Chater, the other man -who was all bloody. - -The counsel for the King said they had a great many more witnesses, but -they would rest the matter as it now was, and not give the court any -further trouble. - -The prisoner, being called upon to make his defence, said he had nobody -to disprove the facts or speak to his character; and said he was sent -for to Rowland’s Castle, though he did not know for what; that when he -came there he was threatened by Jackson, Richards and others that were -there, that they would shoot him through the head if he would not go -with and assist them in what they were going about, and that it was not -in his power to make his escape from them. - -The jury brought him in guilty. Death. - -Having now given the trial of Henry Sheerman, alias Little Harry, -at East Grinstead, it will be necessary next to give an account of -his life and behaviour under sentence of death, and at the place of -execution, before we proceed to the trial of that notorious villain -John Mills, alias Smoker, for the cruel murder of Richard Hawkins. - -Henry Sheerman, alias Little Harry, about 32 years of age, was born -and bred up at West Strutton, in the county of Sussex, to husbandry, -whose parents were people of good character, though of but middling -circumstances; and gave him as good an education at school as they -could afford; but he said he never minded his learning--his mind run -more upon other things, so that he made but very little progress, -though he could read very well and write a little. - -He said that Jackson was the cause of his ruin, and the considerable -gains that were allowed to those who were as servants to the master -smugglers, seduced him to leave his honest employment and take on with -them. - -He often declared that he never was concerned in any other murder -than that of Galley, for which he suffered; but being asked if he was -not guilty of the other indictment that was against him, as being an -accessary to the murder of Chater before the fact was committed, he -evaded answering the question in full, and said he left the company and -Chater, and did not go to the well where he was hanged and flung down; -but on being interrogated, and informed it was the same thing, his -knowing their intention of murdering Chater, though he did not go quite -to the place, he said he did not know that the company, when he parted -from them, were going to hang him in the well at Lady Holt Park, and -then fling his body down it to prevent a discovery. He was asked if old -Major Mills knew that Chater was confined in his turf-house, and that -they were going to murder him, because Old Mills partly denied it when -he was executed on the Broyle near Chichester; he said that Old Mills -was guilty of the whole affair laid to his charge, as being concerned -in the murder of Chater; that Old Mills gave him the chain and -horse-lock, to chain Chater to the beam, and went frequently to see he -was safe during his confinement there, and often told Chater that he -was a villain to turn informer, and he would see he should be hanged to -prevent his informing any more; and he declared, that when they took -Chater from Old Mills’s house, that Old Mills knew that they were going -to hang him at the well by Lady Holt Park, and that the resolution and -agreement of him, Old Mills, as well as the rest, was to fling his -body down there, it being a dry well, to prevent a discovery, and that -Old Mills himself said it was a very proper place, for as it was a dry -well, it might lie there an age before anything could be discovered, -and before that time it would be rotted quite away to nothing. - -Before we proceed any further, we shall inform the reader what -encouragement is given to seduce the young people from their honest -employments to turn smugglers, which Little Harry declared. - -The master smugglers contract for the goods either abroad, or with the -master of a cutter that fetches them, for a quantity of teas (which -they call dry goods) and brandies, and the master of the cutter fixes -a time and place where he designs to land, and seldom or ever fails -being pretty punctual as to the time, if the weather permits; as the -master smugglers cannot fetch all the goods themselves, so they hire -men whom they call their riders; and they allow each man half-a-guinea -a journey, and bear all expenses of eating and drinking and horse, and -allowance of a dollop of tea, which is forty pound weight, being the -half of a bag, the profit of which dollop, even of the most ordinary -sort, is worth more than a guinea, and some sorts 25s. and some more; -and they always make one journey, sometimes two, and sometimes three in -a week, which is indeed such a temptation that very few people in the -country can withstand; and which has been the cause of so many turning -smugglers. - -He said it was very hard work in going down to the seaside to fetch the -goods, and considering the hazard they run if taken, and of their own -persons, as they are obliged to ride in the night only, and through -the byeways, avoiding all the public roads as much as possible, people -would not take on with them if it were not for the great profits that -arise. - -He said that all the smugglers, both masters and riders, drink drams -to great excess, and generally keep themselves half drunk, which was -the only thing that occasioned them to commit such outrages as they did -sometimes; and he gave the following account of the murders of Galley -and Chater:-- - -That on Sunday the 14th of last February was twelvemonth, he was sent -for to the widow Payne’s, and informed that there were two men there -who were going to make an information against John Dimer, that was in -custody at Chichester, on suspicion of being concerned in breaking -open the King’s warehouse at Poole, that, as he was one concerned in -the said fact, he readily went to hear what he could, and when he came -there, he found Jackson, Richards, Steel (the evidence), and some more -of the gang concerned in breaking open the said warehouse; when Jackson -said to him, “Harry, I have sent for you: here are two men have got -a letter to Justice Battine, for him to take an information against -Dimer;” and that they (the smugglers) resolved to have the letter from -them; which he agreed to; and after they had made the men drunk, Carter -and Jackson went into the room where the men were put to sleep, and -took the letter, which they read, and found the contents amounted to -all they suspected; that it was never proposed by any of them to hurt -either Galley or Chater, but to keep them privately to prevent their -giving the designed information, till the women, Carter’s and Jackson’s -wives, proposed hanging them; and then it was talked of carrying them -to the well just by, and to hang them and fling them down it, but -it was not agreed to; neither did any of the men in his presence or -hearing shew or intimate any inclination towards their so doing. - -He said further, that they all drank pretty freely to make Galley and -Chater drunk, and when they came to the resolution of carrying them -both away, and concealing them till they knew what would be the fate of -the shepherd Dimer, they were all more than half drunk; that he verily -believed none of them had any design of murdering them while they were -at Rowland’s Castle; but Jackson, who was the drunkest of the company, -called out to whip them, which was soon after they set out from Mrs. -Payne’s house, when Edmund Richards, who is not yet taken, began to -lash them with his long whip; and then they all did the same except -Steel, who was leading the horse the two men rode on. - -He said that the design of tying their legs under the horse’s belly was -for no other reason than to prevent their jumping off and running away, -and making their escape, as it was night time; which, if either of them -should do, they would be all inevitably ruined. - -The liquor they had drank, and giving way to their passion, urged them -on to the cruelties they exercised on Chater; but when they found -Galley was dead, it sobered them all very much, and they were all in a -great consternation and surprise, and could not tell what to do, when -they concluded to bury the body of Galley, and to take care of Chater. - -He lamented the unhappy case of Chater during the time of his being -chained in Old Mills’s turf-house, but said, self-preservation obliged -him to take care he did not get away, though he was all the time very -uneasy, and said he declared his abhorrence to Tapner’s cutting Chater -across the face and eyes, and of Cobby’s kicking him while he was -saying the Lord’s Prayer, and that he came out of the turf-house into -the dwelling-house upon that account, not being able to bear hearing -the poor man’s expressions in begging for a few hours or minutes to -make his peace with his Creator, at the same time the blood running all -down his face. He said it was not Cobby alone that kicked Chater while -he was at prayers, but also Richards and Stringer, who are both not yet -taken. - -Being asked why he did not give poor Galley and Chater a dram, as well -as the smugglers, when they all got off their horses; he said he was -going to do it, but Richards, Carter and Jackson, all swore they would -blow his brains out if he did. He acknowledged going away with them -from Old Mills’s in order to hang Chater according to agreement; but -seeing Tapner whip the poor man so cruelly, Chater at the same time -being all over blood and wounds, his heart relented, and that was the -only reason why he did not go with them, and be present at his murder. - -At his trial he behaved with reservedness, but no way audacious, as -some of the others were; and after he had received his sentence, he -began to bemoan his unhappy circumstances, and prayed very devoutly; -and confessed that he had been a very wicked liver ever since he turned -smuggler. - -He said he never was concerned in many robberies, as numbers of the -smugglers had been; and what gave him the most uneasiness was, the -great scandal and vexation he had brought on his wife and family. - -He was conveyed under a strong guard of soldiers from Horsham to Rake, -near the place where Galley was buried, on the 20th day of March, 1749, -and there executed, and afterwards hung in chains, as an example. - -At the place of execution he behaved very penitent, and as became one -in his unhappy circumstances, frequently saying that Jackson was the -original person who was the cause of his ruin, and that he should not -have gone to the widow Payne’s that unfortunate day that Mr. Galley and -Mr. Chater were there, had he not been sent for. He declared that at -the time he gave Galley the push off the horse, when Galley fell down -and died, he had no thought that that fall would kill him just then; -that he begged pardon of God and man, not only for that wicked action -of his life, but for all others; and then was turned off, crying to the -Lord Jesus Christ to receive his soul. - -We shall now proceed to the trials of John Mills, alias Smoker, John -Reynolds, the master of the Dog and Partridge on Slindon Common, where -Richard Hawkins was inhumanly murdered; and then give an account -of John Mills’s wicked life, and behaviour at his trial, and under -sentence of death; and also of his confession, and last dying words at -the place of execution. - -John Mills, alias Smoker, together with Jeremiah Curtis, alias Butler, -alias Pollard, and Richard Rowland, alias Robb (both not yet taken), -was indicted for the murder of Richard Hawkins, in the parish of -Slindon, in the county of Sussex, on the 28th day of January, 1748–9, -in the 21st year of his Majesty’s reign, by violently assaulting, -sticking, beating, whipping and kicking, him, the said Richard -Hawkins, over the face, head, arms, belly, and private parts: of which -wounds, bruises, kicks and stripes he instantly died. And John Reynolds -was indicted for aiding, assisting, comforting and abetting the said -John Mills, alias Smoker, and Jeremiah Curtis, alias Butler, alias -Pollard, and Richard Rowland, alias Robb (both not yet taken), in the -murder of the said Richard Hawkins. - -The counsel for the King were Mr. Staples, Mr. Steele, recorder of -Chichester, Mr. Burrel, Mr. Smythe (one of the king’s counsel, learned -in the law, and member of Parliament for East Grinstead, in the county -of Sussex), and Mr. Serjeant Wynn. - -One of the counsel for the King having opened the indictment, Mr. -Smythe observed to the court and jury that the practice of smuggling -having prevailed all over the kingdom, particularly in that and the -neighbouring counties, to so great a degree, and the persons concerned -therein became so very audacious, that a great many murders were -committed, and very barbarous ones too, upon such persons who should -show the least inclination to prevent their pernicious practices. That -the murder for which the present prisoners were indicted, was one of -the most bloody and most cruel that ever was perpetrated in this, or -any other civilized nation, except in two others that had happened -in this county; that the prisoner Mills seemed to have the honour of -committing the first, and setting the example of this species of most -terrible murders, though some persons who committed the other murder -had been first brought to justice. That many people were induced to -think smuggling was no crime at all, or if it was one, but a very -small one, it was but cheating the King, and that was no harm; not at -all considering that it is a crime not only against the laws of the -land, but against the law of God also, which commands all men to render -to Cæsar the things that are Cæsar’s. That smuggling was robbing the -nation of that revenue which is appointed for payment of the national -debt; and that every act of smuggling was defrauding every one of his -Majesty’s subjects that pay taxes, as they are obliged to make good all -deficiencies. That when they shall hear the witnesses they will find -that this evil practice was the original cause of this murder, and then -he did not doubt but they would find the prisoners guilty. - -Mr. Sergeant Wynn, after speaking of the nature of the crime, and that -it was one of the consequential evils that attended smuggling, observed -that most of the daring robberies that had been lately committed, -were by these sort of men, who thought, or at least acted, as if they -thought themselves above all law. That when they had called their -witnesses, he did not doubt but they would give the jury such evidence -as would induce them to believe the prisoners guilty, and consequently -find them so. - -Henry Murril deposed that some time in January last was twelvemonth, -he was informed that some persons were at his house, enquiring after -some tea they had lost, but could not tell who they were; that he went -to young Cockrel’s, who keeps a public-house at Yapton; where he saw -Jerry Curtis and two others, drinking. Curtis was very angry; said some -rogues had stolen two bags of tea from him, and d--n him, he would find -it out, and severely punish those concerned therein; for d--n him, -he had whipt many a rogue, and washed his hands in their blood; that -Curtis had offered this deponent five guineas to get the tea again, or -find out who had got it; and then said that if money could not get it, -he would come sword in hand, and find it out and take it away. - -Being asked by the court if the prisoner Mills was one of them that -were with Curtis, said he could not tell. - -Henry Titcomb deposed that one day in January last was twelvemonth, -Curtis and Mills came to Mr. Boniface’s barn, where he, the prisoner, -and Richard Hawkins (the deceased) were at work; that Curtis called -Hawkins out to speak with him; that he did not hear what passed between -them, but that Hawkins went away with them; that a little while after, -the same afternoon, he saw Hawkins riding behind Mills from Walberton -towards Slindon, and never saw Hawkins the deceased afterwards. - -John Saxby deposed that he was a servant to Cockrel the elder, of -Walberton; that the day Hawkins (the deceased) was missing, Curtis, -Mills, and Hawkins came to his master’s house and drank together; that -at going away, Mills bid Hawkins get up behind him, which he at first -refused, saying he would not, without making a sure bargain; that they -bid him get up for they would satisfy him, which Hawkins did; and this -deponent never saw the deceased afterwards. - -Thomas Winter, alias the Coachman, an accomplice, deposed that one -day the latter end of January was twelvemonth, he, with Jerry Curtis, -alias Pollard, were at the prisoner Reynolds’s house, who kept the Dog -and Partridge on Slindon Common; that Curtis presently went away from -him, and promised to come to him again very soon, for he was to pay -this witness some money he owed him; that this deponent stayed at the -Dog and Partridge the rest of the day; that towards evening Richard -Rowland, alias Robb, came to the house, asked for his master Curtis, -and stayed with this deponent till night, when the prisoners Mills and -Curtis came; that Curtis called for Robb, and said, “Robb, we have got -a prisoner here”; then Hawkins got down from behind Mills, and all went -in together, to a parlour in the prisoner Reynolds’s house; that they -all, viz., Hawkins (the deceased), Curtis, Mills, Rowland, otherwise -Robb, and this deponent, sat down together; that then they began to -examine Hawkins about the two bags of tea, which he denied, saying he -knew nothing of the matter; that Curtis said, “D--n you, you do know, -and if you do not confess I shall whip you till you do, for, d--n you, -I have whipped many a rogue, and washed my hands in his blood;” that -the prisoner Reynolds came in when they were urging the deceased to -confess, and said to the deceased, “Dick, you had better confess, it -will be better for you”; his answer was, “I know nothing of it.” After -Reynolds was gone, Mills and Robb were angry with the deceased; that -Robb struck him in the face and made his nose bleed, and threatened -to whip him to death; that Mills showed he was pleased with what Robb -had done, and again threatened the deceased, who said, “If you whip -me to death, I know nothing of it”; that then Mills and Robb made the -deceased strip to his shirt, then they began to whip him over the face, -arms and body, till they were out of breath, he all the while crying -out that he was innocent, and begged them, for God’s sake, and Christ’s -sake, to spare his life for the sake of his wife and child; that when -they were out of breath, they pulled off their clothes to their shirts, -and whipped him again till he fell down; when he was down they whipped -him over the legs and belly, and upon the deceased kicking up his legs -to save his belly, they saw his private parts; then they took aim -thereat, and whipped him so that he roared out most grievously; that -then they kicked him over the private parts and belly; they in the -intervals asking after the tea; the deceased mentioned his father and -brother, meaning the two Cockrels; that upon this Curtis and Mills took -their horses, and said they would go and fetch them, and rode away, -leaving the deceased with Robb and this deponent. That after they were -gone, he and Robb placed the deceased in a chair by the fire, where he -died. - - [Illustration: _John Mills_ alias _Smoker, & Rich^d. Rowland_ - alias _Robb, Whipping Rich^d. Hawkins, to Death, at y^e Dog & - Partridge on Slindon Common, & Jeremiah Curtis, & Tho^s. Winter_ - alias _Coachman, Standing by Aiding & abetting y^e Murder of the said - Rich^d. Hawkins_.] - -Being asked by the court if the deceased was in good health when he -came to the prisoner Reynolds’s house, and if he believed he died of -the ill-usage he there met with, his answer was, “He was in good health -when he came there, and was a stout man, and I am sure he died of the -kicks and bruises he received from Mills and Robb.” - -He further deposed that when they found he was dead Robb locked the -door, put the key in his pocket, then they took their horses and rode -towards Walberton to meet Curtis and Mills; that in the lane leading to -Walberton he met them, with each a man behind him; that he desiring to -speak with them, the men behind them got off and stood at a distance. -That this deponent asked Curtis what they were going to do with these -two men, who answered, “To confront them with Hawkins.” Then the -deponent told him he was dead, and desired that no more mischief might -be done, when Curtis replied, “By God, we will go through with it -now.” That this deponent begged that the two men might be sent home, -for there had been mischief enough done already; that then Curtis -bid the two men go home, and said when they wanted them they would -fetch them. That they rode all together to the prisoner Reynolds’s -house, when Reynolds said to Curtis, “You have ruined me,” and Curtis -replied he would make him amends. That then they consulted what to do -with the body, when it was proposed to throw him into the well in Mr. -Kemp’s park, and give out that they had carried him to France; that the -prisoner Reynolds objected to it, as that was too near, and would soon -be found. That they laid him on a horse and carried him to Parham Park, -about twelve miles from Slindon Common, where they tied large stones to -him in order to sink the body, and threw him into a pond belonging to -Sir Cecil Bishop. - -John Cockrel the younger deposed that the 28th day of January last was -twelvemonth, about ten o’clock at night the prisoner Mills came to his -house, called for some ale, ordered his horse into the stable; that -while he was in the stable Curtis came in, and demanded two bags of -tea, which he said his brother-in-law had confessed he had got; that -this deponent denied his having them, upon which Curtis beat him with -an oak stick till he was tired; that after this they took him with them -to his father’s at Walberton, where they took his father and him with -them, to carry them to Slindon, on Mills’s and Curtis’s horses, one -behind each, and about a mile before they came to Slindon, they met -two men on horseback, who called to them, and said they wanted to talk -with them; that then they were ordered to get off from behind Curtis -and Mills; that after the two men had talked with Curtis and Mills some -time, Curtis bid them go home, and when they wanted them they would -fetch them. - -John Cockrel the elder, being sworn, confirmed the evidence as to being -carried away, and afterwards let go. - -Being asked by the court how long after his son-in-law (the deceased) -was missing it was before he heard his body was found, said that in -the April following he was sent for to Sir Cecil Bishop’s; that there -he saw the deceased Richard Hawkins mangled in a most terrible manner, -having a hole in his skull; that he knew him by the finger next the -little finger of his right hand being bent down to his hand. - -Matthew Smith deposed that one night in January last was twelvemonth, -he was at the prisoner Reynolds’s house, the Dog and Partridge, on -Slindon Common, and saw Curtis and Mills ride up to the door (Mills -with a man behind him), and Curtis called out to Robb, and said, “We -have got a prisoner”; and that then they all went in together into the -back parlour. - -Richard Seagrave, another witness, deposed that he lived at Sir Cecil -Bishop’s in Parham Park, and saw the body of a man taken out of a pond -there, very much mangled and bruised; and was likewise present when -John Cockrel the elder came there and said he knew the body to be that -of his son-in-law, Richard Hawkins. - -Jacob Pring, another witness, deposed that being at Bristol, he there -fell in company with the prisoner Mills; that they came together from -thence to his house at Beckenham in Kent; that on the road he asked him -whether he knew of the murder of Richard Hawkins of Yapton; that he -told him “Yes,” and related to him the particular manner in which it -was done, as follows: that in the beginning of January was twelvemonth, -they had two bags of tea stolen from the place where they had concealed -some stuff, and suspecting Hawkins and the Cockrels to have it, he -and Jerry Curtis went and fetched Hawkins from a barn where he was at -work, and carried him to Reynolds’s, on Slindon Common, where Robb -and Winter, commonly called the Coachman, were before them; that he -and Robb whipped Hawkins with their horse-whips till he owned that -the Cockrels had their tea; that then he and Curtis went and fetched -the Cockrels, and as they were bringing them behind them on the road, -Robb and Winter met them and told them that the man was dead whom they -had whipped; that they then sent the Cockrels home and went and took -Hawkins’ dead body and carried it to Parham Park and threw it into Sir -Cecil Bishop’s pond. - -Here the counsel for the King rested it. - -The prisoner being called upon to make his defence, denied the murder, -and said he left the deceased Richard Hawkins alive and well with Robb -and Winter, when he and Curtis went to fetch the Cockrels, and how -Hawkins came by his death he could not tell. This was Mills’s defence. - -The counsel for the prisoner Reynolds objected to the indictment, and -said, though it might be extremely right with regard to the prisoner -Mills, yet it was not so with regard to the prisoner Reynolds; for as -Reynolds was indicted as a principal in the second degree, he should be -concluded in the judgment as all principals are in murder. The court -said this was a matter that might be offered in arrest of judgment, but -not at that time. - -The counsel, in his defence, said the prisoner Reynolds was no ways -privy to or concerned in the said murder; that the persons who brought -Hawkins to his house were in a room by themselves, and what they did -there was without the privity or knowledge of the prisoner Reynolds, -and that they should call witnesses to prove the same. - -William Bullmar was called, who deposed that one day in January last -was twelvemonth, he was at the prisoner Reynolds’ house with William -Rowe in the kitchen; that he saw Curtis in the house, and heard there -were other people with him in the new back parlour; that himself was -there till twelve o’clock at night, and that the prisoner Reynolds was -with him during all that time, excepting when he went to draw beer for -his customers in the kitchen. - -William Rowe deposed that he was at the prisoner Reynolds’s house at -the same time as the before-mentioned witness, that he saw Curtis and -Mills in the house, and heard there were other people with them in the -back room; that he stayed till twelve o’clock at night, during which -time the prisoner Reynolds was with him except when he was called to -draw drink for company. - -The judge, after he had summed up all the evidence exactly in the -manner it had been sworn, observed to the jury, that with regard to the -prisoner Mills, the facts were proved extremely clear, as he had called -no witnesses to contradict the evidence for the King in any shape; -that with respect to the prisoner Reynolds it did not appear that he -was in the party that committed the murder, but that he was at home at -peace in his own house, when this transaction happened; if therefore, -they believed the witness called on his behalf, they must acquit him, -and the jury, without going out, found Mills Guilty, and acquitted -Reynolds.[13] - -Mills’s behaviour was very unbecoming one under his circumstances; -but before we proceed to say anything more of this criminal, we will -give the particulars of his being apprehended. The 31st January last, -a proclamation was issued for the apprehending several notorious -smugglers that were concerned in the murder of Richard Hawkins, of -Yapton, naming this John Mills as one of them, promising his Majesty’s -pardon to anyone who should apprehend or give information of any -of the offenders, although such informer was an outlawed smuggler, -provided he was not concerned in any murder, or in breaking open his -Majesty’s warehouse at Poole. Now William Pring, who was a witness -against the said Mills and the two Kemps, knowing himself to be an -outlawed smuggler, yet not concerned in murder, nor in breaking open -the warehouse at Poole, resolves, if possible, to get his own pardon by -taking some of those offenders. To this purpose he applied to a great -man in power, informing him that he knew Mills, and that if he could -be assured of his own pardon, he would endeavour to take him, for he -was pretty certain to find him either at Bristol or Bath, where he knew -he was gone to sell some run goods. Being assured of his pardon he set -out accordingly, and at Bristol unexpectedly found the two Kemps with -him, whom he likewise knew as being notorious smugglers. They then -began to talk about their affairs. Mills was in a proclamation for two -murders, that of Chater and that of Hawkins. Thomas Kemp was advertised -for breaking out of Newgate, and Lawrence Kemp was outlawed by -proclamation, and both the Kemps were concerned in robbing one farmer -Havendon. - -After talking over matters together, and observing that all their cases -were very desperate, Pring, as a friend, offered his advice, by which -he intended to inveigle them into the snare he had laid for them. He -said, since they were all alike in such desperate circumstances without -any hopes of mending their condition, he would have them go with him -towards London, and to his house at Beckenham in Kent, and then consult -together, to go and rob upon the highway, and break open houses in the -same manner as Gregory’s gang used to do. Upon which they all agreed -to come away together; and upon the road, amongst other talk, Mills -owned that he was one of those who committed the murder of Hawkins, and -both the Kemps confessed that they were concerned in robbing farmer -Havendon, in the manner it was proved upon their trials. - -When they were all come to his house at Beckenham, Pring then pretended -that his horse being a very indifferent one, he would go to town and -fetch his mare, which was a very good one, and would come back again -with all convenient speed, and then they would set out together on -their intended expeditions; for as their horses were very good, and his -but a bad one, it might bring him into danger in case of a pursuit. -Upon which he set out, and they agreed to stay at his house till his -return; but instead of going to town, he rode away to Horsham, where he -applied to Mr. Rackster, an officer in the excise there; who together -with seven or eight more, all well armed, set out for Beckenham, in -order to take them, where they arrived in the dead of night, and found -Mills and the two Kemps just going to supper upon a fine breast of -veal, and secured them. They bound the arms of the two Kemps, but -Mills refusing to be bound in that manner, and being very refractory, -they were forced to cut him with one of their hangers, before he -would submit. They then brought them all three to the county gaol for -Surrey, where they found Robert Fuller and Jockey Brown in custody for -smuggling; and knowing that they had been guilty of many robberies on -the highway in Sussex, they applied to the government for a Habeas -Corpus, to carry them all five down to the assizes at East Grinstead, -where, though they were each tried only upon one indictment, yet there -was another indictment for murder, besides two for robbery against -Mills, another for a robbery against Fuller, and two other indictments -against the two Kemps, besides a number of other prosecutors, who were -ready at East Grinstead to lay indictments against them, if there had -been occasion. - -John Mills, about 30 years of age, son of Richard Mills, of Trotton, -lately executed at Chichester, was bred up to the business of a -colt-breaker by his father. He said he had been a smuggler many years, -and blamed Jeremiah Curtis, alias Pollard, who stands indicted for -the same murder he was convicted of, and William Jackson, who was -condemned at Chichester for the murders of Galley and Chater, as being -the principal persons concerned in drawing him away from his honest -employment. - -Young Mills acknowledged himself a very wicked liver; but complained -of the witnesses, that is, such of them as had been smugglers and -turned evidences, and said that they had acted contrary to the solemn -oaths and engagements they had made and sworn to among themselves, and -therefore wished they might all come to the same end, and be hanged -like him, and d--ned afterwards. - -John Mills stood indicted for two murders, besides robberies, as is -before mentioned; but it is remarkable that he committed both murders -in twenty days; that of Hawkins, for which he was condemned, was -perpetrated on the 28th of January; and the other, that he was not -tried for, which was the murder of Daniel Chater, he committed the 17th -of the following month. - -It having been said, as soon as Mills was convicted, that the design -of him and Curtis in fetching the two Cockrels, the father and -brother-in-law of Hawkins, to the Dog and Partridge, was to serve them -as they had done Hawkins; Mills being asked the question, at first -seemed very sulky; but at last said, he believed that if Winter and -Robb had not met them and told them that Hawkins was dead, they should -have basted the Cockrels well, when they had got them there; so that in -all probability their lives were preserved by Hawkins dying sooner than -his murderers expected. - -Jeremiah Curtis, alias Pollard, is at Gravelines in France, and has -entered himself into the corps of the Irish brigades; but Richard -Rowland, alias Robb, he imagined for very good reasons, was not out of -the kingdom; and indeed he was seen and spoken to on East Grinstead -Common, which is near that town, the latter end of the month of January -last. - -Being asked if he was upon Hind Heath on Saturday, the 14th of January -last, when the judges were going over it to hold the assizes at -Chichester on the special commission, to try his father and brother, -and the rest of the smugglers then in custody, for the murders of -William Galley and Daniel Chater; he said he was, and two others were -with him, but would not tell their names; that they had no manner of -design against the judges, or any body with them, neither did he or -his companions know or think of the judges coming at that time, for -they were upon other business; and that he and his said two companions -committed three robberies that afternoon and evening, the nearest being -upwards of twelve miles from Hind Heath; but he refused to name any -particulars, declaring he thought he merited d--nation if he was to -discover any thing, by means of which any of his companions might be -apprehended and convicted. - -At the place of execution[14] he behaved himself much more sedate than -he had done before, during the small time he lay under condemnation, -and prayed very devoutly; as he did indeed all the way from the gaol to -the place of execution, to which he was conveyed under a strong guard -of soldiers. He owned the fact of the murder of Richard Hawkins for -which he suffered; but said when he went away with Curtis to fetch the -two Cockrels, he did not think the man was so near his death. - -He likewise acknowledged being present at the consultation at -Scardefield’s, when it was agreed to murder Daniel Chater, the -shoemaker, who was at that time confined in his father’s skilling -or turf-house; and also that he was concerned with the two Kemps in -going with crape over their faces, and robbing farmer Havendon, of -Heathfield, in the county of Sussex. - -He was pressed hard to make an ingenuous confession of all the crimes -he had been guilty of, but he refused; and said he would inform them -how far he was concerned in anything that was known to the world -already, but nothing else. - -Being then asked if he was with the gang when the King’s custom-house -at Poole in Dorsetshire was broken open, he said he was, for it was too -well known to deny it. - -Just before he was turned off, he declared he was sorry for his -ill-spent life, and desired all young people to take warning by his -untimely end; and said that Richard Rowland, alias Robb, was only a -servant to Curtis, and was ordered by Curtis to assist him in whipping -poor Hawkins; for the cruelties of which and the murder of Chater, and -all other wicked actions of his life, he hoped God would forgive him; -declaring he died in peace with all mankind, and therefore hoped for -forgiveness. - - * * * * * - -We will next proceed and give the trials in a concise manner, of Jockey -Brown, the two Kemps, Fuller and Savage, all smugglers, and tried at -the same assizes at East Grinstead, in Sussex, and then proceed and -give an account of their wicked lives and conversation. And first we -shall proceed on the trial of Jockey Brown. - -John Brown, otherwise Jockey Brown, was indicted for assaulting and -putting in fear John Walter, near Bersted, and robbing him of twelve -guineas in gold and twelve pounds in silver, on the 12th of October, -1748. - -John Walter deposed that riding along the road near Bersted, above -seven o’clock at night, the 12th of October, he was stopped by four -men; two of them laid hold of the horse’s bridle, and demanded his -money, which he not delivering, the other two pulled him off his horse, -one of them drew out a pistol, and the other aimed to strike at his -head with a hanger, which he guarded with his stick; in the meanwhile -one of the other two took a canvas bag with the money in it out of his -pocket, and afterwards cut his horse’s bridle, and then they all rode -off. - -Thomas Dixon,[15] otherwise Shoemaker Tom, deposed that himself, -the prisoner and two others, attacked the prosecutor in the road to -Bersted, on the 12th of October, pulled him off his horse, and took -from him a canvas bag, with upwards of twenty pounds of gold and silver -in it. They afterwards rode about fourteen miles farther to a public -house, where they shifted, meaning shared, the money among them all -four. - -Thomas Wickens deposed, that the night the prosecutor, Mr. Walter, -was robbed, the last witness Dixon, the prisoner at the bar, and two -others, came to his house about ten o’clock at night; that they called -for a private room, where they stayed drinking till twelve o’clock -at night; that they had often been at his house, sometimes two, and -sometimes three of them together, but at this time they were all -together. - -Sarah Wickens, wife of the last witness, deposed that the night Mr. -Walter was robbed, the prisoner at the bar, Thomas Dixon and two -others, came to their house at ten o’clock at night; that they called -for a pen and ink, and a private room; that she waited upon them, and -saw them telling out money in four parcels: that there was a great deal -of silver and some gold, but could not tell what was the quantity. - -The prisoner in his defence, said that the witness Dixon was a drunken, -idle, good-for-nothing fellow, and deserved no credit to be given to -what he should swear. But as he could call no witness to disprove -the facts or justify his character, and Dixon’s evidence being very -circumstantially corroborated by Mr. and Mrs. Wickens, the jury found -him Guilty. Death. - -Lawrence Kemp and Thomas Kemp were indicted for forcibly entering the -dwelling-house of Richard Havendon, of Heathfield, disguised, and armed -with firearms and cutlasses, putting him in fear of his life, and -taking from his person eleven shillings and sixpence, and afterwards, -with violence, seizing and carrying away from his dwelling-house, -thirty-five pounds in money, two silver spoons, three gold rings, a -two-handled silver cup, and a silver watch in a tortoiseshell case, the -2nd of November, 1748. - -Richard Havendon deposed that the 2nd November last, about seven at -night, he heard somebody whistle at his door, and going out to see who -was there, four men with crapes over their faces seized him, put a -pistol to his breast, and said they wanted money; upon which he gave -them eleven shillings and sixpence out of his pocket; but they said -that would not do, and took him with them into the house; when they -came in they called for candles, and one of them holding a pistol to -his breast, stayed with him below stairs, while the rest went up, where -they stayed a considerable time, and then came down stairs with what -they had got; they then took him with them to the place where they -had put their horses, and swore they would carry him away with them, -unless he would tell them where the rest of his money was, for they -were sure he had more than what they had got; but when they were got -upon their horses, they bid him good night, and went away and left -him. When he came back to his own house again, he found they had broke -open two doors, two trunks and a box, and taken away the money and -things mentioned in the indictment. Asked what he was doing when they -whistled at his door, said he was churning. - -Francis Doe, an accomplice in the said robbery, being sworn, deposed -that he, John Mills, alias Smoker (who was convicted for the murder of -Hawkins), and the two prisoners at the bar, agreed to go and rob the -prosecutor’s house. That on the 2nd of November they all four, with -their faces covered with crape, came to his house, and whistled at the -door; that when the prosecutor came out, they seized him and demanded -his money; that the prosecutor gave them eleven shillings and sixpence -out of his pocket; that they then went into the house, and Lawrence -Kemp, one of the prisoners, stood sentry over the prosecutor, whilst -he, this witness, with Mills and Thomas Kemp, the other prisoners, -went upstairs, forced open two doors, two trunks and a box, and took -thereout several pieces of gold and silver, to the amount of five or -six and thirty pounds, together with some rings, spoons and a watch. -That when they came downstairs, they took the prosecutor with them to -where their horses stood, and threatened they would carry him away with -them unless he would discover where the rest of his money was, for they -were sure he had more in the house. That upon his declaring he had no -more, they let him go home, mounted their horses, and rode away. Upon -shifting, that is, sharing the money, he had eight or nine pounds for -his share. That Lawrence Kemp, one of the prisoners at the bar, was to -sell the watch, rings, &c., and to divide the money between them, but -he never did as he knew. - -Jacob Pring deposed that he went down to Bristol to meet with and bring -up John Mills, otherwise Smoker. That when he was there he met with the -two prisoners at the bar, who agreed to come up with them. That on the -road, talking together of their exploits, the two prisoners owned to -him their robbing the farmer at Heathfield. That they said the old man -was churning when they came to his house. That they craped their faces -over, and took out of the house five or six and thirty pounds, besides -a watch, rings, spoons, and a silver cup. - -Being asked how they came to confess a robbery to him which must affect -their lives, he said that he, the two Kemps, and Mills, alias Smoker, -had agreed to go robbing on the highway, and to break open houses; -that the prisoners bragged of this amongst other robberies they had -committed. - -Being asked by the court whether he had repented of the agreement he -had so made, he said that he had no such intention, but that it was -only a feint, and that he went down to Bristol on purpose to bring up -Mills that he might be apprehended. That there meeting with the Kemps -also, and hearing of this robbery at Heathfield, he resolved to do all -in his power to allure them to his house, in order to get them and -Mills apprehended. - -The prisoners being called upon to make their defence, both said they -knew nothing of the robbery; and the prisoner Thomas Kemp said that -they never made any such confession to the evidence, Pring; that he, -together with John Mills, alias Smoker, Francis Doe and Jockey Brown, -were all the persons who robbed the farmer at Heathfield. - -Being asked whether they had any witness to prove what they had -asserted, or where they were when the robbery was committed, they -said they had no witnesses, for that they had no “steady,” meaning no -certain place of abode, for two years past; upon which the jury found -them both Guilty. Death. - -Robert Fuller was indicted for assaulting William Wittenden in an open -field, near the King’s highway, putting him in fear of his life, and -taking from the said William Wittenden seven shillings and sevenpence -halfpenny, the 14th of November. - -William Wittenden deposed that coming across a field near Worth, the -prisoner at the bar, who was on horseback, stopped him and enquired -the way to Worth; that this witness directed him; then the prisoner -asked if he had any money; he answered, “No.” The prisoner replied, -“D--n you, you have, and I will have it,” and then pulled out a pistol -and put it to his breast; that then this witness pulled out a little -bag, in which was seven shillings and sixpence in silver, and three -halfpence, which the prisoner snatched from him, and then rode away. - -Being asked by the court if he was sure the prisoner was the man that -robbed him, answered he was very sure, and that he saw him ride by him -the next day, in company with another man. - -The prisoner in his defence said that the prosecutor declared, when he -came to see him in the prison, that he did not know him; and to prove -this called William Cooper, who, being sworn, deposed that the day -before, the prisoner at the bar, with two other prisoners, were put -into a room; that the prosecutor came in and said he knew nobody there. - -The prosecutor being asked how many prisoners he saw in that room, said -he saw but two, and that afterwards he went into another room, where -all the prisoners were, and did not see anybody there that he knew, -but, turning on his right hand, he saw the prisoner standing behind -him, and he said, “That is the man that robbed me.” - -Mr. Rackster deposed that he was in the room the first time the -prosecutor saw the prisoners; that there were indeed three prisoners in -the room, but that the prosecutor saw but two, which stood before him, -for the prisoner at the bar stood behind him, which was the reason that -he did not see him then. - -The prisoner being asked if he had any witnesses to his innocence or -character, answered that he had none; upon which the jury found him -Guilty. Death. - -Richard Savage was indicted for stealing out of the Lewes waggon -twenty-two yards three-quarters of scarlet cloth, twenty-six yards of -blue cloth, the property of Thomas Friend, of Lewes, and a box, in -which were contained two silk gowns and two guineas, the property of a -person unknown, on April 5th, 1748. - -Mr. Friend deposed that he knew his servant put up the cloth, and -ordered it to be carried to the waggon. - -William Brown, servant to Mr. Friend, deposed that he delivered the -cloth to the carrier’s man. - -Matthew Comber, the carrier’s man, said he received the cloth from the -last witness. That on the 5th of April last he was set to watch the -waggon all night at Chailey; that two men came up to him about ten -o’clock at night, enquiring what waggon it was; on his telling them, -they took him away about two hundred yards from the waggon, where one -of them kept him prisoner with a pistol at his breast; that then came -up seven more men, who got off their horses, and left them at some -distance from the waggon, with one man to take care of them. That the -rest of the men went up to the waggon, and cut the cords, threw off -some woolpacks, and then threw some boxes and other goods out of the -waggon; that they broke open the boxes, took out the goods, loaded -their horses, and went away. - -Thomas Winter, otherwise the Coachman, an accomplice, deposed that on -the 5th of April, he and Shoemaker Tom, with the prisoner at the bar -and several others, met at Deval’s house at Bird’s Hole, and agreed to -go out and rob a waggon that was loaded with wrecked goods; that about -ten o’clock at night they came all together upon Chailey Common, where -they took the carrier’s man prisoner, and one of them kept him so, -while the rest went and rifled the waggon. That they broke open several -boxes and parcels, and took away a large parcel of scarlet cloth, and -another large parcel of blue cloth, and a box with two silk gowns and -two guineas in it, with other goods. That after they had loaded their -horses they rode away to Bird’s Hole, near Devil’s Ditch, where they -shared the goods; that the prisoner at the bar was with them in the -robbery, and had a share of the goods. - -Thomas Dixon, otherwise Shoemaker Tom, another accomplice, deposed that -he and Winter, and several others, met together at Deval’s house, at -Bird’s Hole, and agreed to go and rob the waggon, as mentioned by the -last evidence; that there they laid hold of the carrier’s man, took him -some distance from the waggon, and set one of their number as a guard -over him; that they then plundered the waggon, and took the cloth and -other things mentioned in the indictment; that having loaded their -horses, they made the best of their way to Bird’s Hole, and in a ditch -near that place they divided the spoil. - -Being asked by the court if the prisoner at the bar was with them at -the time of their committing the robbery, said he believed he was, but -was not sure; but that he was very sure that he was present at the time -of sharing the goods, and that he had his share in the dividend; and -that this witness sold his share to the last evidence, Thomas Winter. - -The prisoner in his defence denied being any ways concerned in the -robbery; but had no witnesses to call to contradict the facts as sworn -by the witnesses for the prosecution. The jury brought him in Guilty of -single felony. Transportation. - -Mr. Friend, the prosecutor of Savage, laid the indictment for single -felony, because he did not care to take life away; but the trial had -not been over an hour, before he was informed by Winter and Shoemaker -Tom that Savage had been concerned with them in many things, and that -when Savage lived as a servant to Mr. Friend’s brother, to look after -and manage a farm for him, that was fallen upon his hands by a tenant -leaving it, that Savage used to entertain them all, which was a gang of -about twelve or thirteen, where they used to come with their goods, and -he found the horses in hay and corn, and them with victuals and drink; -and they gave him tea and brandy for it, which he sold for his own use. -He received sentence of transportation, but is ordered to be stopped in -order to be tried next assizes for another fact. - - * * * * * - -Having now given an account of the trials of all the seven smugglers -at East Grinstead, six of whom were executed for the several crimes of -which they stood convicted, we shall now proceed to give an account of -their behaviour and last dying words. - -John Brown, alias Jockey Brown, about 33 years of age, was born of -honest parents in the county of Sussex, who gave him a tolerable -education, but he had followed smuggling for many years, and being -apprehensive of being taken up for that crime, he absconded from his -home and lurked about; and being acquainted with Winter, commonly -called the Coachman, Shoemaker Tom, who was evidence against him at his -trial, Fuller, and the two Kemps, his fellow sufferers, and many more -smugglers, many of whom were outlawed, they all agreed to rob on the -highway, and break open houses, in order to support themselves, being -afraid to go a-smuggling; but they did that sometimes, when they could -get anybody that they could trust to take the goods. He refused to make -a general confession, but did not deny being concerned in robbing Mr. -Walter on the highway near Bersted, for which he suffered. - -He exclaimed against Mr. Wickens and his wife, who gave evidence -against him at his trial, and said that he had never done them any harm. - -He was taken up at first on suspicion of being a smuggler with Richard -Mills, who was executed at Chichester, Richard Perrin, alias Payne, -Thomas Kingsmill, alias the Staymaker, and William Fairall, alias -the Shepherd, the three last now under condemnation in Newgate, for -breaking open his Majesty’s warehouse at Poole; and being carried -before Justice Hammond, in the Borough of Southwark, he committed them -all five to the county gaol for Surrey, from whence he was removed by a -Habeas Corpus to East Grinstead to take his trial. - -He was not so very penitent as a person should be under his unhappy -circumstances, but he frequently prayed to God to forgive him, and -lamented most for the disgrace he had brought upon his family. - -Lawrence Kemp and Thomas Kemp, two brothers, whose trials have been -before related, refused to give an account of themselves, only that -they were born near Hawkhurst, in Kent, and that they had been -smugglers for many years and had committed many robberies, but said -they never were concerned in any murder. - -Thomas Kemp being asked if he was guilty of the indictment he was tried -upon at the Old Bailey before he broke out of Newgate, he at first did -not care to answer the question, but at last said he was. - -They married two daughters of a farmer near Nettlebed, in Oxfordshire; -but as the father of the unhappy young women lives in good reputation, -and the women themselves having the character of very virtuous persons, -we think it improper to mention any particulars concerning them, their -own misfortunes being sufficient trouble to them. - -As to Thomas Kemp, he broke out of Newgate soon after he was tried and -acquitted at the Old Bailey, being charged with a large debt due to the -crown; the circumstances attending his escape being somewhat more than -common, we shall here insert them. - -Thomas Potter and three other smugglers came into the press-yard of -Newgate to see Thomas Kemp and William Grey, who was also one of the -Hawkhurst gang, when they agreed at all hazards to assist in getting -them out; and accordingly the time was fixed (Kemp having no irons, -and Grey had his so managed as to let them fall off when he pleased), -and Potter and the other three came to the press-yard door, and rung -the bell for the turnkey to come and let them in; when he came and had -unlocked the door, Potter immediately knocked him down with a horse -pistol, and cut him terribly, when Kemp and Grey made their escape, and -Potter and his companions got clear off without being discovered. - -There were three other prisoners got out with them, but were taken -directly, having irons on. - -They were both very obstinate men, and could not be brought to think -that smuggling was a crime, and when asked if they did not think -robbing farmer Havendon, for which they were convicted, was a crime, -they said they did, and begged pardon of him for it, but that if they -had not been obliged to hide themselves from their home, for fear -of being apprehended as smugglers, they should never have committed -robberies. - -Thomas Fuller, about thirty years of age, born in Kent, at first denied -the robbery for which he was to suffer, and often said it was very hard -to take away the life of a man on the single testimony of one person, -who was to receive a reward for so doing; but the day before his -execution he was brought to a confession of the fact, and acknowledged -he did commit it in the manner it was sworn at his trial. - -His wife attended him at his trial, and during his condemnation, for -whose misfortunes he often declared himself sorry, and said he did not -value death, but that he left her to the reproaches of a censorious -world; but begged for God’s sake, that nobody would reflect on her -or any of her family, for none of them were ever privy to his wicked -actions. - -He acknowledged he had been a smuggler many years, and was as deeply -concerned as most of them; but that he was not concerned in breaking -open the King’s warehouse at Poole, nor in the murders of Galley and -Chater; but confessed he had been a very wicked sinner. - -On Saturday, the 1st day of April last, they were all taken out of -Horsham gaol and carried to the gallows, where they all seemed much -more composed and devout than they had been before. None of them made -any confessions, only desired all the spectators to take warning by -their untimely end, particularly all young people. - -After they had said their prayers some time, they were all tied up to -the gallows and turned out of a cart, crying to the Lord to receive -their souls. - - * * * * * - -We shall now give our readers, as we promised, an account of those -four notorious smugglers, tried also at the assizes at Rochester, for -the county of Kent, for divers robberies, and who were executed on -Pickenden Heath, near Maidstone; whose method of robbing was going in -the evening, disguised, and getting into houses, then binding all the -family and robbing the same. - -Stephen Diprose and James Bartlett were indicted, together with John -Crumpton, not yet taken, for forcibly entering the dwelling-house of -John Rich, of Linton, in the county of Kent, on the 31st of October -last, putting him in fear of his life, and feloniously taking away -£170_l._ in money, one small box and three gold rings. - -The prosecutor deposed that about six o’clock in the evening on the -31st of October, somebody knocked at the door, and on his servant going -to see who it was, four men rushed in, all disguised, with pistols and -cutlasses in their hands. When they came in they demanded money, and -asked him where his money was, upon which he desired they would be -easy, and he would give them what he had. But they put one over him, -and two of them went and rifled the house; and when they were gone he -missed the money, &c., mentioned in the indictment. - -Thomas Rogers, an accomplice in the fact, was next called, who deposed -that he, the prisoners Stephen Diprose and James Bartlett, and John -Crumpton, not yet taken, agreed to go and get some money upon the -31st October, and accordingly came to a resolution to go and rob Mr. -Rich, of Linton. Accordingly they all set out, and when they came to -Mr. Rich’s door, Diprose knocked, and the door was soon opened, on -which they all rushed in with firearms and cutlasses in their hands, -and seized Mr. Rich and all his family, most of whom they bound, but -who they were in particular he could not tell; that those who were not -bound had one to stand guard over them, and two of the gang, Crumpton -and James Bartlett, rifled the house; and that he believed they took -away all the things mentioned in the indictment. - -Being asked what he meant by saying he believed they took away all the -things mentioned in the indictment, said that they did not give him nor -Diprose a share of anything more than two gold rings and about seventy -pounds in money; but that since that time he had heard by Crumpton that -they took more money and goods at Mr. Rich’s of Linton, which he and -Bartlett had concealed. - -Being asked if he was sure the prisoners at the bar were with him at -the commencement of the fact, he said that they all agreed to go to -Linton on purpose to rob Mr. Rich, imagining he had got a great deal of -cash by him in his house. - -Several of Mr. Rich’s servants were then produced, who deposed to the -like effect of the thieves coming to their master’s house, and acting -in the manner as was before related by the evidence Rogers; and some of -them deposed further that the prisoners and Rogers were, they believed, -three of the four men by their size and voices, that robbed Mr. Rich’s -house, and bound most of his family. Here the proof for the prosecutor -was ended. - -The prisoners being called on to make their defence, had little or -nothing to say, only denied the fact, and said that Thomas Rogers was -a very wicked fellow, and that they knew nothing of him; and supposed -he swore this to get himself at liberty, and for the sake of the reward -that was to be paid on their conviction; but having no witnesses to -prove the contrary of what Rogers had sworn, and nobody appearing to -give them the character of honest men; and it likewise appearing by the -testimony of credible witnesses, that they and Rogers and Crumpton, -who stand indicted for the same, were all acquaintance, and frequently -together, and reputed all smugglers, the jury, without going out of -court, brought them both in Guilty. Death. - -William Priggs and James Bartlett (the same Bartlett convicted -on the last indictment), were indicted for forcibly entering the -dwelling-house of John Wright, of Snave, in the county of Kent, and -taking from thence two bags of money containing 31_l._ 7s. 6d. - -This fact was proved upon the prisoners by the prosecutor and his -servants, and Rogers an accomplice; the prosecutor deposing he knew the -prisoners again, and was sure they were the men that robbed him of the -two bags of money mentioned in the indictment; he further deposed that -when they came into his house they had all pistols and cutlasses in -their hands, and swore they came for money, and “D--n them,” money they -would have; that they bound him and his family, and one stood sentry -with a pistol cocked in his hand, while the others went upstairs and -took the money: that it was Priggs that stood sentry, while Bartlett -and Rogers went and took the money. - -The prosecutor further deposed, that when they had got the two bags -which contained 31_l._ 7s. 6d., they swore they would blow his -brains out if he did not tell them where the rest of his money was, for -they were sure that was not all; that they would destroy the family if -they did not confess where there was more money; but upon his declaring -he had no more in the house, and they making him swear it, they went -away and, on going, said if they stirred for two hours, or attempted to -call out, they would murder them, and to that end should stay just by -to watch. - -Thomas Rogers, the same witness as was against Bartlett and Diprose on -the last indictment, deposed that he and the two prisoners went and -committed the robbery at Mr. Wright’s house, at Snave, and bound Mr. -Wright and his family, and took the two bags of money mentioned in the -indictment; that they had crapes with them to put over their faces, but -did not put them on at the committing this robbery. - -Several other witnesses were produced, who confirmed what had been -sworn by the prosecutor and Rogers the accomplice; and the prisoners -having nothing to say or prove in contradiction to the evidence that -had been given for the crown, only in general said they were innocent -of the crime laid to their charge, the jury brought them both in -Guilty. Death. - -Thomas Potter was tried for stealing a horse; but as he so solemnly -declared, and took the Sacrament just before his execution, that he -knew nothing of the robbery, we shall omit the evidence, or the names -of those concerned in the prosecution. The fact was sworn positively -upon him, and he, not being able to prove the contrary, was found -Guilty. Death. - -While these men were under sentence of death, they were visited -frequently by a reverend divine of the town of Maidstone, who -endeavoured to bring them to a true and thorough repentance of all -their past wicked lives and actions, being well assured that they had -been smugglers many years, and that they had belonged to a gang, who -committed many robberies, such as robbing houses in the same manner -as the indictment had charged Diprose, Bartlett and Priggs; and also -with having committed many robberies on the highway, besides other vile -outrages, as well as smuggling. - -They all behaved indifferently well under their unhappy circumstances, -much better than those who had been smugglers generally did, and -frequently prayed to God with great fervency, and were seemingly very -sorry for their past misspent lives. - -Thomas Potter, born at Hawkhurst, in Kent, twenty-eight years of age, -declared he had been a very wicked sinner, and that he had been guilty -of all manner of crimes except murder; which he declared he never was; -though he confessed he did design to murder the turnkey of Newgate, -when he went to get Grey and Kemp out of gaol; but that he was glad it -happened no worse than it did, and that he often prayed the man might -recover of the wounds he gave him; and that when he heard he was well -again, he said it gave him great satisfaction. - -He absolutely denied the fact for which he suffered, but acknowledged -that he had committed crimes sufficient to have hanged him for many -years past. - -He refused to make any particular confession, but acknowledged that -he had been a smuggler many years; and that he was well acquainted -with the Kemps, Brown and Fuller: also with the Mills’s, as likewise -with Winter the Coachman, and Shoemaker Tom, who were both admitted -evidences against their companions at Horsham. - -William Priggs was born at Seling, in the county of Kent, of very -honest parents, who gave him a good education in a common way, was -about thirty years of age, and had been a smuggler some years last past. - -He acknowledged committing the fact for which he died, as was sworn -against him on his trial, and begged pardon of the prosecutor for the -great injury he had done him; as also of others he had in any ways -injured in his life. - -He solemnly declared that it was the evil gang he kept company with -that persuaded him to commit the fact he died for, and said he never -had been guilty of many robberies, though he had been a smuggler many -years. - -The day before his execution he declared himself truly penitent for all -his wicked crimes he had been guilty of, and said he freely forgave his -prosecutor, as he hoped for forgiveness from God. - -He was asked if he knew of the robbery of the Rev. Mr. Wentworth, of -Brenset, in the county of Kent, on the 19th day of December, when -he declared he did not; but that he had heard that one Butler was -concerned; and for anything more concerning that affair he did not know. - -James Bartlett, aged forty-two years, was born of very honest parents -at Aknidge, in the county of Kent, who gave him as much education as -their circumstances would allow them. - -He acknowledged the fact for which he died, but said as Priggs did, -that it was evil company that he had associated himself with that drew -him in to commit those wicked crimes. - -He seemed very obstinate most of the time of his being under -condemnation, and would not acknowledge himself guilty of any other -robberies, but said he had been a smuggler many years, and did not see -any great crime in that. - -He was particularly pressed to state if he was not concerned in any -murders, particularly that of Mr. Castle, the excise officer, who was -shot on Silhurst Common by a gang of smugglers, when he, with several -other officers, had seized some run goods; to which he would not give -a positive answer, so that there were some grounds to think he was -concerned. - -He often said he had not the sin of murder to answer for; but one of -his unhappy companions, and a fellow-sufferer, said he evaded the -thing, by meaning that no person was ever murdered by his hands, but -that Bartlett had been concerned where murder had been committed. - -Stephen Diprose, born of honest parents, at High Halden, in the county -of Kent, thirty-nine years of age, acknowledged himself guilty of the -crime for which he was to suffer, and said he had been a wicked liver -and a most notorious smuggler, having followed that employment for -a great number of years; and that he never entertained a thought of -smuggling being a crime till now, and that he was sincerely sorry for -all his past iniquities. - -He, as well as Priggs and Bartlett, laid the blame upon evil company, -and said it was by the persuasion of some of his companions that -he ever went a-robbing; but just before he went out of the gaol to -execution he confessed it was pure necessity that obliged him to it, as -it was the case of the rest of his companions who were afraid of being -apprehended for smuggling; which if it so happened, they were all dead -men. - -He said that he verily believed that the reason why so many notorious -villainies and murders had been committed by the smugglers was owing -to their not being safe in appearing publicly. - -On Thursday, the 30th of March, they were conveyed from Maidstone gaol -to Pickenden Heath, the usual place of execution. - -There were three more criminals executed with them, that were likewise -convicted at the same assizes at Rochester, viz.:--Samuel Eling, who -was born at Stanmore, in Middlesex, about thirty-five years of age, and -John Davis, born near Hertford Town, aged twenty-two, as companions, -for a robbery on the highway on Bexley Heath; and Richard Watson, born -in Yorkshire, who would not tell his age, but supposed between thirty -and forty, also for a robbery on the highway. These three criminals -behaved themselves penitently at the gallows, as indeed they had done -during the time of their lying under condemnation; and Eling and -Davis declared to the last moment they were both innocent, and that -they had never been guilty of any felonies or robberies; and forgave -their prosecutor, as they expected forgiveness; and declared they died -Protestants. Watson acknowledged his guilt; and said little more than -that he forgave all his enemies, and died in charity with all men. - -At the place of execution they all behaved penitently. Potter declared -to the last moment he did not commit the robbery for which he died; and -said he freely forgave his prosecutors, as he hoped for forgiveness for -all his manifold sins, through his Redeemer Jesus Christ. Diprose said -that his greatest consolation was, he never committed murder, or had -been concerned at any time when murder had been committed. They none -added anything to their former confessions, and having done praying and -singing psalms, were turned off, crying to the Lord Jesus to receive -their souls. - -Having now finished the accounts of those smugglers, except Kingsmill, -alias Staymaker, Fairall, alias Shepherd, Perrin, Glover and -Lilliwhite, who were tried at the Old Bailey, for breaking open the -King’s custom-house at Poole, we shall next proceed to give their -trials, and conclude this work with a particular account of their -lives, and the last dying words of Kingsmill, Fairall and Perrin, who -were executed at Tyburn, the first two named now hanging in chains in -Kent. - -As to the life of Kingsmill, it will appear to be very remarkable; but -for that of Fairall the like was never heard before, he being, even as -he acknowledged himself, the most wicked smuggler living. - -Thomas Kingsmill, alias Staymaker, William Fairall, alias Shepherd, -Richard Perrin, alias Pain, alias Carpenter, Thomas Lilliwhite, and -Richard Glover were indicted, and tried at the sessions-house in the -Old Bailey, on Friday, the 4th of April, 1749, for being concerned -with others, to the number of thirty persons, in breaking into the -King’s custom-house at Poole, and stealing out of thence thirty-seven -hundredweight of tea, value 500_l._ and upwards, on October 7th, -1747. - -The prisoners being severally arraigned, and pleading not guilty, -the counsel for the King opened the nature of the indictment. Then -Mr. Bankes and Mr. Smythe, two of his Majesty’s counsel, spoke very -particularly to the whole affair, shewing the enormity of the crime as -being the most unheard-of act of villainy and impudence ever known, and -proceeded to call the witnesses in support of the charge. - -Captain William Johnson called and sworn: I have a deputation from -the customs to seize prohibited goods. On the 22nd of September, -1747, I was stationed out of Stainham Bay, just by Poole. I was under -the north shore and examined a cutter I suspected to be a smuggler. -After quitting her I had a sight of the Three Brothers; I discovered -her to the eastward, and after discovering her she put before the -wind at N.N.W. I gave her chase with all the sail I could make; I -chased her from before five in the afternoon till about eleven at -night. After firing several shot at her, I brought her to. I went -myself on board, and found she was loaded with tea, brandy and rum. -The tea was in canvas, and oilskin bags over that, the usual packing -for tea intended to be run; there was a delivery of it, forty-one -hundredweight and three-quarters gross weight; there were thirty-nine -casks, slung with ropes, in order to load upon horses, as smuggling -brandy commonly is; there were seven persons in the cutter. I cannot -say any of the prisoners at the bar were there. I carried these goods -to the custom-house at Poole, and delivered them into the charge of the -Collector of Customs there; the tea was deposited in the upper part of -the warehouse; the brandy and rum were lodged in another part beneath. - -William Milner, Esq., was next called and sworn: I am Collector of the -Customs at Poole. On the 22nd or 23rd of September, Captain Johnson -brought a vessel, whose name was given to me to be the Three Brothers. -She had burthen two ton of tea, thirty-nine casks of brandy and rum, -and a small bag of coffee. The tea was put in the upper part over the -custom-house all together, except one small bag, which was damaged, -which we put by the chimney. We made it secure; but it was taken away. - -Q. Give us an account how it was taken away. - -Milner. On the seventh of October, between two and three in the -morning, I had advice brought me by one of the officers, that the -custom-house was broken open; the staples were forced out of the -posts; about five or six feet farther there was another door broken; -at the door of my office the upper panel was broken in pieces, as if -done with a hatchet, by which means they could more easily come at the -lock, which was broken; and another door leading into the warehouse was -also broken in pieces, so that there was a free passage made up to the -tea warehouse, and the tea all carried off, except what was scattered -over the floor, and one bag of about five or six pounds and the bag of -coffee. They never attempted the brandy and rum. - -Q. Did anybody ever come to claim the brandy and rum? - -Milner. No, for it was condemned in the Exchequer. - -Q. Was the tea in such sort of packages as the East India Company have? - -Milner. No, sir, it was packed as is usual for run tea, and the brandy -was in small casks all slung ready to fling over the horses. - -The counsel for the crown having done examining Mr. Milner, proceeded -to call several witnesses who were concerned in the fact; and in order -that nothing but justice might be done, and the truth only appear -against them, the witnesses were called in separately, so that Steel, -who was the second, was not admitted into court till Race, who was the -first examined, had gone through his evidence; and Fogden, who was the -third and last examined, was likewise not suffered to go into Court -till Steel had done. - -John Race was called and sworn; who being asked if he knew the -custom-house at Poole, answered, “I do know the custom-house at Poole.” - -Q. Do you know any thing of its being broken open? - -Race. It was broken open soon after Michaelmas. I do not know the day -of the month. It was a year ago last October. There was tea taken out -of it. - -Court. Look at the prisoners. Do you know either of them? - -Race. I know them all. - -Court. Give us an account of what you know about it. - -Race. I was not at the first meeting. The first time I was with them -about it was in Charlton Forest, belonging to the Duke of Richmond: -there was only Richard Perrin of the prisoners there then. We set our -hands to a piece of paper to go and break open Poole custom-house, and -take out the goods. It was Edmund Richards that set our names down; -some of them met there Sunday, but I was not then with them; when we -met on the Monday at Rowland’s Castle, the prisoners were all there, -except Kingsmill and Fairall, and were all armed when they met, with -blunderbusses, carbines and pistols; some lived thereabouts and some -towards Chichester; so we met there to set out altogether. When we came -to the Forest of Bere, joining to Horndean, the Hawkhurst gang met us, -the prisoners Kingsmill and Fairall being with them, and they were -seven in number, and brought with them, besides the horses they rode -on, a little horse, which carried their arms; we went in company after -we were joined, till we came to Lindhurst; there we lay all day on -Tuesday, then all the prisoners were there; then we set out for Poole -in the glimpse of the evening, and came to Poole about eleven at night. - -Q. Were all the prisoners armed? - -Race. To the best of my knowledge all the prisoners were armed both at -Horndean in the Forest of Bere, and at Lindhurst; and when we came near -the town of Poole, we sent two men to see if all things were clear for -us to go to work, in breaking the warehouse, &c. The men were Thomas -Willis and Thomas Stringer; Thomas Willis came to us and said “There is -a large sloop laying up against the quay; she will plant her guns to -the custom-house door, and tear us in pieces, so it cannot be done.” We -were turning our horses to go back, when Kingsmill and Fairall and the -rest of their countrymen said, “If you will not do it, we will go and -do it ourselves.” This was the Hawkhurst gang. John and Richard Mills -were with them; we call them the East-country people; they were fetched -to help to break the custom-house. Some time after this, while we were -consulting what we should do, Thomas Stringer returned and said the -tide was low, and that the vessel could not bring her guns to bear to -fire upon us. Then we all went forward to Poole. We rode down a little -back lane on the left side the town, and came to the seaside. Just by -this place we quitted our horses; Perrin and Lilliwhite stayed there to -look after them. - -Court. Why did you leave Perrin and Lilliwhite with the horses, more -than anybody else? - -Race. Because Perrin was troubled sometimes with the rheumatism, and -not able to carry the goods so well as the rest; and Lilliwhite was a -young man and had never been with us before. - -Court. Well, go forward with your evidence. - -Race. We went forward, and, going along, we met a lad, a fisherman; we -kept him a prisoner. When we came to the custom-house, we broke open -the door of the inside; and when we found where the tea was, we took it -away. There was about thirty-seven hundredweight and three-quarters. -We brought it to the horses, and slung it with the slings, and loaded -our horses with it; the horses were two or three hundred yards off the -custom-house. We sacked it in what we call horse-sacks to load. - -Court. Were all the prisoners at the bar, or which of them, present at -loading the horses? - -Race. All the five prisoners were there, I am sure; and after we -loaded all the horses, we went to a place called Fordingbridge; there -we breakfasted and fed our horses. There were thirty-one horses, and -thirty men of us; the odd horse was that for the East-countrymen to -carry their arms upon. - -The counsel for the King having done with this witness, those of the -counsel for the prisoners got up; and as Mr. Crowle was for Perrin, Mr. -Carew for Glover, and Mr. Spilltimber for Lilliwhite, the court advised -them to ask such questions only as related to the prisoners they were -retained for. - - - Cross-examined by Lilliwhite’s counsel. - -Q. Did you see either of the prisoners assist in breaking the custom -house? - -Race. I saw Fairall and Kingsmill carry tea from the custom-house to -the horses. When we came back to a place called Brooke, there we got a -pair of steelyards and weighed the tea, and equally divided to each man -his share; it made five bags a man, about twenty-seven pounds in a bag; -the two men that held the horses, which were Lilliwhite and Perrin, had -the same quantity. - -Q. Were you all armed--are you sure? - -Race. There were twenty of us all armed at Rowland’s Castle. Richard -Perrin had a pair of pistols tied round his middle. - -Q. Had Lilliwhite arms? - -Race. Lilliwhite lay at my house on Sunday night, and another man with -him; their horses were in my stable. - -Q. Give me an answer to my question; are you sure that Lilliwhite had -arms about him when you left him to hold the horses? - -Race. I cannot tell; I cannot be quite certain. - -Q. Was Lilliwhite ever with you before or since that time? - -Race. No, never, as I know of; I never heard he was a smuggler. - - - Cross-examined by Glover’s counsel. - -Q. Was Glover ever a reputed smuggler before, or did he ever act as -such? - -Race. No, not as I know of, neither before nor since. Richard Perrin -was the merchant that went over to Guernsey to buy this cargo of -brandy, rum and tea. I paid him part of the money as my share to go. He -told me, after the goods were taken and put on board another vessel, -that he had lost the tea by the Swift privateer, Captain Johnson. - -Q. Hid you never hear that Glover was forced to go against his consent -by Richards, his relation? - -Race. No, I did not hear any such thing. Edmund Richards brought him, -and I never knew him do anything but this time. - - - Cross-examined by Perrin’s counsel. - -Q. Are you sure that Perrin was armed, particularly when he was with -the horses? - -Race. Yes, he was, and was armed all the way we went from the Forest of -Bere, and at that place too. - -Q. You say Perrin was troubled with the rheumatism; why would you take -a man with you that could not help you to carry off the goods? - -Race. I don’t know; I am sure he was with us, and had his share of tea -when we divided it at Brooke. - -William Steel was called, and appearing, was sworn. - -William Steel. When I came home, I was told the goods were taken -by Captain Johnson. The first time we met, I cannot say any of -the prisoners were there. When we met in Charlton Forest at the -Center-tree, I believe Richard Perrin was there; there were a great -many of us there; this was some time in October; we met to conclude -about getting this tea out of Poole custom-house. We came to some -conclusion there; from thence we came to Rowland’s Castle on a Sunday -in the afternoon; there were about twenty of us; I think Thomas -Lilliwhite was there. - -Q. Were there any of your company armed? - -Steel. I cannot say there were any arms there on the Sunday. On the -Monday, in the afternoon, some time before sunset, when we set out, -every man was armed. - -Q. How came they by their firearms? - -Steel. They had them from their own houses, as far as I know. I do not -remember one man without: some had pistols, some blunderbusses; all the -Hawkhurst men had long arms slung round their shoulders, and Fairall, -alias Shepherd, had a hanger. We went from Rowland’s Castle, and when -we came to the Forest of Bere we were joined by the Hawkhurst gang; -this was on a Monday night. The prisoners Kingsmill and Fairall were -part of the Hawkhurst gang that joined us, and had with them a little -horse which brought their arms and would follow a grey horse one of -them rode on; there were about seven of them. We went from Dean to -Lindhurst, and when we set out from thence to Poole we were all armed; -we all looked at our firearms to see if they were primed. - -Court. When you looked at your arms to see if they were primed at Dean, -are you sure all the prisoners were there, or which of them? - -Steel. They were all five there at that time, and we went together -till we came near Poole, when Stringer and Willis went forward to see -how the way stood; and when we came within about a mile of the town, -Willis and Stringer[16] came and met us, and one of them said it was -impossible to be done. We turned our horses again, and came to a little -lane, and every man got off, and tied our horses up to a rail, which -was put along a sort of a common. There were thirty-one horses; we -left them under the care of Thomas Lilliwhite and Perrin; we every man -went to the custom-house, and broke it open. I and another went to the -quay, to see that nobody came to molest us. When I came back again the -custom-house was broken open; they said it was done with iron bars. -They were carrying the tea when the other man and I came to them. - -Court. Who do you mean were carrying the tea? - -Steel. All that went on purpose to break the custom-house open; I do -not mean any in particular. - -Court. Were any of the prisoners there? - -Steel. Yes; Glover, Kingsmill and Fairall, Lilliwhite and Perrin being -still with the horses. When we came we found the strings and tied it -together, and carried it away to a gravelly place. There we fetched -our horses to the place, and loaded them and carried it away. Then we -went to a place called Fordingbridge, where we baited and refreshed -ourselves. We loaded, and went for a place called Sandy Hill; but at a -place called Brooke, before we came to this place, we got two pair of -steelyards and weighed the tea, and it came to five bags a piece. - -Q. Did you carry the tea to your horses, or did you bring the horses to -the tea? - -Steel. We carried the tea to a plain place convenient for loading. Then -we brought the horses forward to be loaded. - -Here Race was called again--he had said they carried the tea to the -horses. - -Q. to Race. Did you carry the tea to the horses? - -Race. I had been employed at the custom-house to tie up the tea; and -when I came, the horses were with the tea. - - - Cross-examined by Lilliwhite’s counsel. - -Q. Did you ever know Lilliwhite before? - -Steel. I have known him, and been acquainted with him four or five -years. - -Q. Who came there first, he or you? - -Steel. He was there first. - -Q. Was Lilliwhite ever a-smuggling with you before this time? - -Steel. Not as I know of. - -Q. Was he ever reputed a smuggler before this affair happened? - -Steel. Not as I know of. - -Q. Do you think when Lilliwhite went with you, that he knew what you -were going about? - -Steel. I think he did; we talked openly of it; but I cannot swear he -did. - -Q. Do not you know that Lilliwhite was asked only to take a ride with -you, and that he did not know what you were going upon till you came to -the Forest of Bere? - -Steel. I cannot say any such thing; he joined us at Rowland’s Castle. - -Q. You say the Hawkhurst gang joined you at the Forest of Bere, and had -a little horse with them? - -Steel. Yes. - -Q. What arms were upon that little horse? - -Steel. I think there were seven long muskets on him. - -Q. Were the arms for you? - -Steel. We had arms before that; they were brought for their own use. - -Q. Had Lilliwhite any arms when holding the horses? - -Steel. I cannot say that he had. - -Q. Did you all put down your names on a piece of paper to go upon this -affair? - -Steel. Each man’s name was put down by Edmund Richards. - -Q. Was Lilliwhite’s name put down? - -Steel. I cannot say it was. - - - Cross-examined by Glover’s counsel. - -Q. Was Glover ever concerned in smuggling before this? - -Steel. No; I believe he never was before or since. - -Q. Did you ever hear he went with reluctancy, and against his will? - -Steel. As to that, I never heard he did; but I believe Richards forced -him to it. This I know, Glover lived in Richards’ house, and I believe -Richards was the occasion of his going with us.[17] - -Q. Who was your commander? - -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. - -Robert 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 Rowland’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 Hawkhurst men came to us; then there were thirty of us -in number. The prisoners Kingsmill and Fairall were with the Hawkhurst -gang, and 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. By 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 Poole -before this or since; I believe we left our horses about a quarter -of a mile out of town. We left them in care of two men, Perrin and -Lilliwhite. Then we went and broke open the custom-house. I saw the -door broken open with two iron bars. - - [Illustration: _A Representation of y^e Smuggler’s breaking open y^e - KING’S Custom-house at_ Poole.] - -Q. Where did you get them? - -Fogden. I cannot tell. - -Q. Where did you find the tea lodged? - -Fogden. It was in the top of the warehouse. - -Q. Were any of the prisoners at the bar concerned in it? - -Fogden. They were there, and did assist as the rest, except the two -that held the horses. We brought the horses to a place near, and then -carried the tea to them. It was a very narrow lane where we stopped -first, and we brought the horses up to a more open place for loading. - -Q. Did the prisoners at the bar help you load? - -Fogden. Yes, all of them. - -Q. Did you put an equal quantity on each horse? - -Fogden. We distributed it as near as we could. There was our little -horse that carried the arms had not so much as the other horses had on -them. Every horse there was loaded with tea; from thence we went to -a little town called Fordingbridge; at the next place we stopped, we -weighed the tea with two pair of steelyards; for we thought it was not -equal, some was scattered out of some of the bags. Then we divided it -as equally as we could; they were quartern bags, each prisoner had five -bags. - -Q. When did you see Lilliwhite first? - -Fogden. In the forest; I never saw him before. - -Q. Was he there before or after you? - -Fogden. I cannot tell. - -Q. Did you hear any threats, if any should discover this affair what -should be done to them? - -Fogden. No, Sir. - -Q. Had Lilliwhite arms when left with the horses? - -Fogden. I believe he had not. - -Q. Was Lilliwhite ever with you a-smuggling before? - -Fogden. No, never as I know of. - -Q. Was Glover ever with you a-smuggling before? - -Fogden. No, never as I know of. - -The counsel for the King resting their proof here, the prisoners were -severally called upon to make their defence, when Kingsmill and Fairall -said they had nothing to say, only that they knew nothing of the matter. - -Perrin, having retained counsel for him, called the following persons -to his character. - -John Guy. I have known Perrin almost twenty years. He is a carpenter, -and always bore a very good character among his neighbours. I never -heard he neglected his business. - -Q. Did you ever hear he was a smuggler? - -Guy. I have known him these fifteen or sixteen years, and he always -bore a very good character. I never heard in my life of his neglecting -his business and going a-smuggling. - -Q. Did you never hear he was a smuggler? - -Guy. No, never, but by hearsay, as folks talk. - -Richard Glover’s defence: I was forced into it by my brother-in-law, -Edmund Richards, who threatened to shoot me if I would not go along -with him. - -William Tapling. I have known Richard Glover twenty years; I never -heard before this unhappy affair that he was a smuggler; I believe he -never was before. I know his brother-in-law Richards, and that Glover -was about two months with him. Richards is a notorious wicked, swearing -man, and reputed a great smuggler; I cannot help thinking he was the -occasion of Glover’s acting in this. - -Henry Hounsel. I have known Glover a child; he was a sober young lad; I -never knew him otherwise, nor did I ever hear him swear an oath in my -life. - -Q. Did you never hear he was a smuggler? - -Hounsel. Never before this. He lived with his father till the year -1744. His father dying, he followed his business till August, 1747. He -went in the beginning of June to that wicked brother’s house, and was -there about two months. He went after that to live servant with the -Rev. Mr. Blagden. After that he got into Deptford yard, and there he -continued ever since, till taken up, articled to a shipwright. This -affair was at the time he was at his brother-in-law’s house. - -John Grasswell. I have known Glover these twelve years and upwards; I -believe he never was guilty of smuggling before this; his character is -exceedingly good. I never knew him frequent bad company, or guilty of -drinking or swearing an oath. - -Woodruff Drinkwater. I have known Glover ever since he was born; I -never heard he was reputed a smuggler either before or since, exclusive -of this time; his temper is not formed for it at all, far from it; -after his father died he was left joint executor with his mother (left -in narrow circumstances); he often came to me on any little occasion -for five or ten guineas; he always kept his word; after his mother -married again, there was some difference in his family; he went into -the country, and I was very sorry for him at his going to Richards’s -house, and I cannot think he was voluntary in this rash action. - -Mr. Edmonds. I have known Glover ever since the 9th of April last; he -came to me and was entered into his Majesty’s yard at Deptford the day -following; he bore a good character before, and during the time he has -been with me he has behaved very well and sober; he obtained a good -character of all that knew him; I have had as good an opinion of him as -any man I know; he was with me till the day he was taken. - -Mr. Dearing. I live in the parish where this young man was born. I go -there for the summer season; I have known him about eighteen years; -being informed of this bad thing, it made me come to London on purpose -to say what I knew of him; we in the country had great reason to -believe that bad man Richards had corrupted him; he was a well-behaved -lad before this happened; his uncle came to me, and the young man came -and begged of his uncle, that he would see out for some business for -him, in some way or other, adding that he could not bear to live with -Richards; I had just hired a servant, or I had taken him; just after -this bad affair happened, and he was unfortunately drawn into it. - -The Rev. Mr. Blagden. I live at Slindon, in Sussex. The prisoner -Glover was my servant; I knew him and his family before; he behaved -exceedingly well with me as any could, and if he were discharged from -this I would readily take him again; he attended on religious service, -public and private, constant; I never heard an ill word or an oath from -his mouth, or anything vulgar. - -Thomas Lilliwhite’s defence: I was down in the country, and a person -desired me to take a ride with him; I agreed upon it, not knowing where -they were going; I had no firearms, nor was any way concerned. - -Fra. Wheeler. I have known Lilliwhite about six years; he always bore -a very good character; was a worthy young fellow, and brought up in the -farming under his father, who was a man in very good circumstances; he -minded his father’s business very diligently; I have known him refuse -going out upon parties of pleasure, because he has had business of his -father’s to do; he married since this affair happened to a woman of -fortune; I never heard him charged with any such crime as this before. - -Sir Cecil Bishop. The prisoner married my housekeeper’s daughter; had -not he been a man of good character, I should not have been consenting -to the match, which I was; she brought him a good fortune; he is a -deserving young man, and I cannot think he would be guilty of such a -crime knowingly. - -The evidence being all finished, Sir Thomas Abney summed up the -whole in a very impartial manner; taking notice that in the case of -Lilliwhite, if they thought the evidence that had been given against -him was not quite full, as to his going voluntarily with them, and that -he was not armed with firearms, they might acquit him. - -The jury went out of court, and in about a quarter of an hour returned -into court, and gave their verdict as follows, viz.:-- - -Thomas Kingsmill, William Fairall, and Richard Perrin, Guilty. Death. - -Thomas Lilliwhite, Acquitted. - -Richard Glover, Guilty, but recommended to mercy. - -Thomas Lilliwhite was immediately discharged out of court as soon as -he was acquitted; and the other four received sentence of death the -same day, together with the other four criminals who had been tried and -convicted of divers felonies and robberies. - -While under sentence of death, they all four, viz., Kingsmill, Fairall, -Perrin, and Glover, behaved much better than they had done before; -and particularly Glover and Perrin were composed and resigned, and -constantly prayed and sung psalms most of the night time; but Kingsmill -and Fairall were not so penitent as Glover and Perrin. - -As for Kingsmill and Fairhall, they were reckoned two of the most -audacious wicked fellows amongst the smugglers; and indeed their -behaviour while under condemnation, plainly shewed it. - -The day they were brought to Newgate by Habeas Corpus, from the county -gaol for Surrey, Fairall behaved very bold after declaring he did not -value being hanged; and said, “Let’s have a pipe and some tobacco, and -a bottle of wine, for as I am not to live long, I am determined to live -well the short time I have to be in this world.” He also behaved very -insolently at his trial; or more properly ignorantly, laughing all the -time at the witnesses while they were giving their evidence; and when -taken notice of by the court, and reprimanded for his bad behaviour, it -had no effect on him, for he continued his idle impudent smiles, even -when the jury brought him in Guilty. - -At the time when he received sentence of death, when Mr. Recorder, -who passed the same on him, and the rest of the criminals, said these -words, “and the Lord have mercy on your souls,” he boldly replied, -“If the Lord has not more mercy on our souls than the jury had on our -bodies, I do not know what will become of them.” - -On Thursday, the 20th of April, 1749, the report of these four -criminals was made to his Majesty by Richard Adams, Esq., Recorder, -when Kingsmill, Fairall, and Perrin were ordered for execution at -Tyburn, on Wednesday, the 26th of the same month; and his Majesty was -pleased to grant his most gracious pardon to Glover, several favourable -circumstances appearing in his favour; and the court and jury having, -after his trial, recommended him to his Majesty for mercy. - -After the death warrant came down, Kingsmill and Fairall began -to consider their unhappy circumstances more than they had done -before, and always attending divine service at chapel, and prayed -very devoutly, but retained their former behaviour of boldness and -intrepidity, shewing no fear, and frequently saying they did not think -they had been guilty of any crime in smuggling, or in breaking open -Poole custom-house, as the property of the goods they went for was not -Captain Johnson’s or anybody else’s, but of the persons who sent their -money over to Guernsey for them. - -Perrin, who was ordered only to be hanged and afterwards buried, and -Kingsmill and Fairall being ordered to be hung in chains, Perrin was -saying to them that he lamented their case: when Fairall replied -smilingly, in the presence of many people, “We shall be hanging in the -sweet air, when you are rotting in your grave.” - -The evening before their execution, after they came down from chapel, -their friends came to take leave of them; and Fairall smoked his pipe -very heartily, and drank freely; but being ordered to go into his cell -to be locked up, said, “Why in such a hurry, cannot you let me stay a -little longer and drink with my friends; I shall not be able to drink -with them to-morrow night.” - - * * * * * - -I shall next proceed to give the little account of these criminals as -given by the ordinary of Newgate; and afterwards conclude this book -with a relation of some of the most notorious actions committed by -them, and which have been communicated by their confederates. - -Thomas Kingsmill, alias Staymaker, aged 28, was born at Goodhurst, in -Kent, a young fellow of enterprising spirit, and for some years past -employed by the chiefs of the smugglers, the moneyed men or merchants, -as they are usually amongst themselves called, in any dangerous -exploits. As his character in general among his countrymen was that of -a bold, resolute man, undaunted, and fit for the wicked purposes of -smuggling, and never intimidated, in case of any suspicion of betraying -their secrets, ready to oppose King’s officers in their duty, and being -concerned in rescues of any sort or kind, so he wanted not business, -but was made a companion for the greatest of them all, and was always -at that service when wanted and called upon. - -He would own nothing of himself, and was scarce to be persuaded that he -had done anything amiss by following the bad practices of smuggling. - -He acknowledged he was present at the breaking open of the -custom-house, and that he had a share of the tea; and said what was -sworn at the trial was all truth; but that they must be bad men to turn -evidence to take away other people’s lives. - -William Fairall, alias Shepherd, aged 25, was born at Horsendown -Green, in Kent, bred to no business, but inured to smuggling from his -infancy, and acquainted with most of the evil practices which have been -used in those parts for some years past. In this behaviour he seemed -equally as well qualified for the work as was Kingsmill, and it is -generally believed that they were both concerned together in most of -their undertakings. Fairall at his trial seemed to shew the utmost -daringness and unconcern; even shewing tokens of threats to a witness, -as he was giving his evidence to the court, and standing all the while -in the bar with a smile or rather a sneer upon his countenance. He came -also to the gang with Kingsmill to the Forest of Bere, and was one of -the forwardest and most busy amongst the company. Yet he would not own -any one thing against himself that he had done amiss, for which his -life should be at stake. However, his own countrymen were glad when he -was removed from among them, because he was known to be a desperate -fellow, and no man could be safe who Fairall should once think had -offended him. - -Richard Perrin, alias Pain, alias Carpenter, aged 36, was born near -Chichester, in Sussex; being bred a carpenter, was looked upon as a -good workman, and had pretty business till the use of his right hand -being in a great measure taken away by being subject to the rheumatism, -he thought proper to leave that trade, and take to smuggling. He was -esteemed a very honest man, and was therefore often entrusted by others -to go over the water to buy goods, and for himself; he traded in that -way for brandy and tea. And he was the man that went over for this very -cargo of goods that was rescued from Poole Custom-house. - -Having talked to the prisoners several times, each by himself, and -also when they were altogether, neither of them all three would own -anything; but said they knew best what they had done, and for what was -amiss they would seek God’s forgiveness, and continued thus to declare -to the last. - - * * * * * - -Having now given the ordinary of Newgate’s short account of these -criminals, I shall proceed to give some account of such of their -wicked actions as have come to our knowledge. - -About two years since William Fairall was apprehended as a smuggler -in Sussex, and being carried before James Butler, Esq., near Lewes, -was ordered by that gentleman to be brought to London, in order to -be tried for the same. They brought him quite safe to an inn in the -Borough overnight, in order to carry him before Justice Hammond the -next morning, but he found means to escape from the guards; and seeing -a horse stand in Blackman Street, he got upon it and rode away, though -in the presence of several people. - -He made the best of his way into Sussex, to his gang, who were -surprised at seeing him, knowing he was carried to London under a -strong guard but three days before; but he soon informed them how he -got away, and his lucky chance of stealing the horse. - -They were no sooner met than he declared vengeance against Mr. Butler, -and proposed many ways to be revenged. First to destroy all the deer in -his park, and all his trees, which was readily agreed to; but Fairall, -Kingsmill and John Mills, executed on Slindon Common, and many more -of them, declared that would not satisfy them; and accordingly they -proposed to set fire to his seat, one of the finest in the county of -Sussex, and burn him in it; but this most wicked proposal was objected -to by three of the gang, namely, Thomas Winter, alias the Coachman, -one Stephens and one Slaughter, commonly called Captain Slaughter, who -protested against setting the house on fire or killing the gentleman; -and great disputes arose among them, and they parted at that time -without putting any of their villainous proposals into execution; but -Fairall, Kingsmill and some more of the gang were determined not to -let their resentment drop, and accordingly they got each a brace of -pistols, and determined to go and waylay him near his own park wall -and shoot him. Accordingly they went into the neighbourhood, when they -heard Mr. Butler was gone to Horsham, and that he was expected home -that night, upon which they laid ready to execute their wicked design. -But Mr. Butler, by some accident, happening not to come home that -night, they were heard to say to each other, “D--n him, he will not -come home to-night, let us be gone about our business”; and so they -went away angry at their disappointment, swearing they would watch for -a month together but they would have him. - -This affair coming to Mr. Butler’s knowledge, care was taken to -apprehend them if they came again, and they, being acquainted -therewith, did not care to go a second time without a number; but no -one would join except John Mills and Jackson, who was condemned at -Chichester for the murders of Galley and Chater, as not caring to run -into so much danger; and they not thinking themselves strong enough, -being only four, the whole design was laid aside. - -On their being disappointed in their revenge against Mr. Butler, they -were all much chagrined, and Fairall said, “D--n him, an opportunity -may happen some time,” that they might make an example of Mr. Butler, -and all others that shall dare presume to obstruct them. - -Thomas Winter, and several others of the smugglers, whose lives had -been saved by turning evidence, said that Fairall and Kingsmill had -been the occasion of carrying several officers of the customs and -excise abroad from their families, for having been busy in detecting -the smugglers, and seizing their contraband goods. - -Fairall and Kingsmill were both concerned with the gang in Kent, viz., -Diprose, Priggs and Bartlett, in all the robberies they committed; but -as an account of those has been given before, we think it needless to -make a repetition. - -The morning of their execution they behaved very bold, shewing no signs -of fear of death, and about nine o’clock, Fairall and Kingsmill were -put into one cart, and Perrin in a mourning coach, and conveyed to -Tyburn under a strong guard of soldiers, both horse and foot. - -At the tree they joined in prayers very devoutly with the rest of the -unhappy criminals who were executed with them, which being ended, and -a psalm sung, they were turned off crying to the Lord to receive their -souls. - -The body of Perrin was delivered to his friends to be buried; and those -of Fairall and Kingsmill were carried to a smith’s shop in Fetter-lane, -near Holborn, where they were put into chains, and afterwards put into -two wooden cases made on purpose, and conveyed by some of the guards -and the sheriff’s officers for the county of Middlesex to Newcross -turnpike in the county of Kent; where they were received by the -officers to the sheriff of that county, who conveyed them to the places -where they were ordered to be hung up, viz., Fairhall on Horsendown -Green, and Kingsmill on Gowdhurstgore, at both which places they had -lived. - -Richard Glover, who had received his Majesty’s pardon, was discharged -out of Newgate on Wednesday, the 3rd of May, 1749. - -We can with pleasure inform our readers, that notorious wicked fellow, -Edmund Richards (so often named in this work, as being concerned in the -murder of Galley and Chater, and also in forcing Richard Glover to go -with him and the rest of the gang to break open Poole custom-house) is -taken, and in safe custody in Winchester gaol, so there is no doubt but -he will meet with a just reward for all his cruel and enormous crimes, -at the next assizes for the county of Sussex, to which county gaol he -will be removed by Habeas Corpus. - - - - - DIRECTIONS FOR PLACING THE PLATES. - - - PAGE - - Galley and Chater on one horse, and the Smugglers - whipping them to face title - - Galley and Chater falling off the horse at Woodash, to face 13 - - Burying of Galley „ 18 - - Chater cut across the face by Tapner, in Old Mills’s - Turf-house „ 24 - - Chater hanging in the Well in Lady Holt Park „ 27 - - Richard Hawkins whipped to death „ 150 - - The Smugglers breaking open Poole Custom-house „ 193 - - - - - A SERMON - PREACHED - IN THE CATHEDRAL CHURCH OF CHICHESTER, - AT A SPECIAL ASSIZE HELD THERE, JANUARY 16, 1748–9, - BY WILLIAM ASHBURNHAM, A.M., - DEAN OF CHICHESTER. - - JOB xxix., 14, 15, 16. - - “I put on righteousness, and it clothed me: my judgment was as a - robe and a diadem. - - “I was eyes to the blind, and feet was I to the lame. - - “I was a father to the poor: and the cause which I knew not I - searched out.” - - -That Job was a person of great eminence both for his birth and -station, that he had the supreme rule and government, or was at least -a principal magistrate of the place he dwelt in, appears plainly from -this chapter, whence the text is taken. “When I came in presence,” -says he, “the young men saw me, and hid themselves, and the aged arose -and stood up; the princes refrained talking, and the nobles held their -peace; I sat as chief, and dwelt as a king in the army, and all men -gave attention to my words, and kept silence at my counsel.” - -But whatever was the particular state of this illustrious person, -whether he was invested with the supreme power itself or acted only -by commission under it, this is certain, that the integrity of his -conduct is a pattern worthy the imitation, and was recorded doubtless -that it might be imitated by those who should in after ages be honoured -with the like employment, and fill the same high office as himself. -“I put on righteousness, and it clothed me: my judgment was as a robe -and a diadem”, expressing the great love he had to justice, and the -pleasure he took in exercising judgment; that what a robe and a diadem -was usually to other men, that the doing justice and judgment was to -him; the great object of his whole desire, the thing he principally -placed his glory and delight in. For that we are thus to understand the -metaphor in the text is plain from a like expression made use of by -the royal prophet, who, speaking of the wicked, says, that he “clothed -himself with cursing like a garment”; which expression in the verse -immediately succeeding he explains, by telling us that his “delight -was in cursing”. So that what we are here to understand of Job is, -that his greatest satisfaction and delight was to administer justice -righteously; that his sense of true honor was not that which reflected -from these external marks of dignity and state, but which sprang from -those virtues of which those were but the outward signs--He put on -righteousness as a garment, and clothed himself with judgment as with a -robe and a diadem. - -The things, then, which naturally offer themselves to our consideration -from the words before us, are these three:-- - -First. The duties which this great example represents to us and which -more immediately belong to magistrates, and those who are invested -with public authority. - -Secondly. How great a blessing every good magistrate must be to the -state and community whereunto he belongs. And - -Thirdly. The personal respect and reverence with which he ought to be -treated upon that account. - -The first then of those duties to which we are led by this great -example, is that of doing justice and judgment with zeal and -cheerfulness. Now justice is a virtue that not only in the common -consideration of it is, as every other virtue is, honorable in itself, -and much to be desired for its own sake; but it is a virtue so -peculiarly necessary for human society, that it is scarce conceivable -how any society can subsist without it; for the want of justice, if it -destroys not the very foundations of society, at least it deprives us -of all the advantages of it, and renders such political establishments -at best but useless and undesirable things. A state of solitude would -give more comfort and security than such a state, where the just claims -of society are defeated by cruel and unrighteous men, and oppressions -permitted with impunity; but where justice is, there the diligent and -industrious prosper and the innocent dwell safely. And therefore the -great Creator of mankind, who made them for a social life, has stamped -upon their hearts this most necessary of all social virtues, and -made it the indispensable law of their natures, that they should do -to others as they would have others do to them. And was this law but -universally and duly kept, it could not fail to promote the happiness, -by its tendency to preserve the order of the world; it bindeth up every -hand from doing violence, and every heart from forging deceit; and -guards the common safety of mankind with the strict command, that we -“render to all their due, custom to whom custom, honor to whom honor, -fear to whom fear.” - -Nor let us be so deceived as to think that our own private interest -is not equally concerned herein with that of the public: for the good -of particular persons can in no society be distinguished from the -general good, but is always and unavoidably included in it. So that -if we wilfully connive at, if we suffer or neglect to correct abuses -in the public, we do what in us lies to lessen our own security, and -insensibly promote the ruin of our private interest and prosperity. - -So much reason have we to esteem and to endeavour to secure the -practice of this best of virtues, if we respect only the thing -itself and the benefits thence resulting to ourselves, either singly -considered or in society. But it is by the righteous and impartial -exercise hereof that God also is most effectually glorified by us: for -then only we can in any sense be said to promote the glory when we -strive to imitate the excellencies of God; and justice being one of the -principal of those moral excellencies which He has propounded to us -as a pattern for our imitation, we do then in an eminent manner give -Him the honor due unto His name when we study to be like Him in this -perfection of His nature: when they particularly, who are His ministers -for this very thing, that is, for the execution of justice, endeavour -to resemble Him whose ministers they are, in being just even as He is -just. - -Another instance which Job here gives us of his own integrity, and -wherein he has set us an example that we should follow his steps, -is his forwardness to give relief and assistance to the injured and -oppressed. “I was eyes unto the blind, and feet was I to the lame: I -was a father to the poor, and the cause which I knew not I searched -out.” Every man, according to his place and power, is both in justice -and charity obliged to use his best endeavours, and to lay hold on -all opportunities, by all lawful means, of helping them to right that -suffer wrong: of protecting the innocent from injuries, and securing -them from the oppressions of “bloodthirsty and deceitful men.” It is -our duty every one to exert the utmost of his strength to deliver the -oppressed, and it is extremely criminal to be “weary or faint in our -minds” for fear of the oppressors, or “forbear to deliver those who are -ready to be slain.” That we may see more clearly then the necessity of -this duty, and be animated to a cheerful and conscientious performance -of it, there are various reasons that deserve our attention, but those -which more especially demand it, and which, if we have any sense of -religion left, will have their influence upon us, are the command and -example of God Himself. - -And first, we have God’s positive and express command for this purpose. -It is the general and fundamental law of our religion, the ground and -basis of all moral virtues, that “thou shalt love thy neighbour as -thyself.” And how can we more effectually fulfil this second great -commandment of the law, than by employing the power God has put into -our hands, of whatever kind it be, for our neighbour’s good; for -securing his person from violence, and his property from fraud and -rapine? - -But, besides the command of God, we have His example also for the -performance of this duty. This the Holy Psalmist has clearly set -before us, to the end that we may be followers of Him herein, as dear -children. “Now for the comfortless trouble’s sake of the needy, and -because of the deep sighing of the poor, I will up, saith the Lord, and -will help everyone from him that swelleth against him, and will set -them at rest.” And if the great God of heaven and earth, He who “hath -His dwelling so high,” does yet “humble Himself to behold the simple -that lie in dust,” and to “lift up the poor out of the mire;” it can be -no disparagement sure to the greatest, to give attention to the welfare -of their brethren, and to hearken to the complaints of their fellow -subjects; who by the influence of their high examples, and the weight -of their authorities, are doing God and their country service; and of -whom in gratitude we therefore needs must own that they have justly -merited the public thanks for the care and pains they have been taking -for the public good. - -The laws of God have made this duty of universal extent; all mankind -are concerned in it; but they who are the governors of society, and are -to act with the authority of magistrates for the support of it, are -more especially obliged to this duty, to be followers of God herein; -because it has pleased Him to set a peculiar mark of honour upon them, -in that He has called them by His Own name, “I have said,” says He, by -the mouth of the royal prophet, “that ye are Gods, and that ye are all -the children of the Most High.” And He said it doubtless to instruct -them in their duty, and shew them the necessity they are under of -imitating His conduct, Whose name they bear. - -These magnificent characters, as they declare the source from whence -all their power is derived, so do they imply the purposes for which -it ought to be employed. Nothing less could be intended by such -honorable appellations, than to point out the obligation they are -under to provide for the prosperity of the world, and to endeavour, -in compliance with the will of God, and the design of their own -appointment, to render the situation of all persons as secure and -comfortable as possible; that they may enjoy unmolested the fruits -of their own industry, and “lead peaceable and quiet lives, in all -godliness and honesty”. This is the original end of government itself, -and therefore ought to be the principal aim of those who are any way -concerned in the administration of it. Whatever share they possess of -the public authority was given them to employ for the public good. And -when they thus fulfil the duties of their station, by an impartial -and wise discharge of the high trust that is reposed in them; when -with holy Job they can truly say, “I have put on righteousness, and it -clothed me: my judgment is as a robe and a diadem”; then are they in -the best and noblest sense the “ministers of God, and children of the -Most High”; they do honor to their character, and are a public blessing -to the community whereunto they belong. - -This was the second thing I proposed to consider; and it is a thing -that ought frequently and seriously to be considered, though it is so -evident that it needs not to be proved. It ought, I say, as evident as -it is, frequently to be considered, and sometimes to be inculcated upon -us; because the blessings that are constant and familiar, and those -which therefore we enjoy the most, such is our ingratitude, we are apt -to think of and value least. And of this kind is the blessing of a -well-established government; we who have the happiness of being under -it, and reap the fruits of a regular administration of wisely enacted -laws, can but with difficulty conceive how miserable the condition of -mankind would be, were there no such laws to keep them within bounds, -and are therefore generally less sensible than we ought to be, of the -many great advantages resulting from them. But that we may form in some -sort an idea of the wretched effects of such a want of government, the -behaviour of some dissolute and abandoned persons which we have lately -seen, and that too in a country where they could not but have acted -under some awe of civil justice, may serve as a kind of specimen, to -teach us what savage creatures they would be without it; what havock -and devastation they would make upon the earth were they set wholly -free from the restraint of laws, and left to follow the imaginations of -their own evil hearts without hindrance or control. - -And would we but sometimes consider what manifold inconvenience all -societies must feel, where there is either no government at all, or, -which is next to none, an ill-established or an ill-administered one; -the consideration would certainly be useful, to give us a proper sense -and relish of the blessings we ourselves enjoy under one of the best -regulated governments in the world: a government adorned with all the -advantages which human frailty will allow us to expect, and which the -very meanest of its subjects enjoy in common with those who are in -the highest stations. We are all in our proportion partakers of these -benefits, and therefore all have reason to thank God, the bountiful -Giver of them, and to pay with due submission what I proposed as the - -_Last_ thing to be considered, a proper regard and reverence to -those by whom, as the instruments of His goodness, He confers these -benefits upon us. Nature itself instructs us that they who discharge -the difficult functions of a state with wisdom and integrity, should -be highly esteemed and honored for their work’s sake. Which natural -instruction of undepraved reason we also find among the positive -precepts of revealed religion; for by the same authority that forbids -us to speak evil of the rulers of the people, we are enjoined likewise -to give honor to whom honor is due. This common and easy tribute then, -which all men are capable of paying, they have a natural and just right -to demand of all; a right founded upon the principles of reason, and -ratified by religion: and therefore to defraud them of any part of so -approved a claim is to transgress the bounds both of decency and duty. - -There is nothing in the world is more generally agreed in than the -necessity of government to obtain the ends of society. It was the -desire of mutual preservation and defence, of protection against wrong -and robbery, and the secure possession of their private properties, -that was the first inducement to mankind to unite themselves together -in distinct societies; that they might sit every man in quietness -under their own vine, and enjoy safely the fruits of their own labour. -But these, as all other blessings and benefits, are the gifts of God; -and governors are the ministers appointed by Him, through whom He -derives those blessings and benefits to the world; so that the peace -and prosperity of nations is owing principally, under God, to the wise -care and conduct of their rulers, and the prudent administration of -government therein. Without this, all those intolerable mischiefs must -ensue, which men’s unrestrained appetites and passions would produce, -and which unavoidably break the bands, and are the sure destruction of -all societies. - -It is not to be expected that all the individuals of any community -should universally agree as to the exact bounds and extent of civil -power, any more than it is, that all the different communities -throughout the world should pursue the same system, and frame their -governments upon the same plan: but without a due regard and reverence -paid to those persons who are entrusted with the management of public -affairs, and a dutiful submission to their legal authority, the best -contrived constitutions in the world could not answer the ends of their -establishment, nor could any of the purposes of life be effectually -served by them. But farther, - -Every high place of trust and power has its burdens, as well as honors, -that are inseparable from it; and the magistrate of justice, from -the very nature of his office, must have his share: he cannot in the -course of things but incur great enmity and provoke all the outrage and -resentment of evil doers, if he be resolute in performing faithfully -the duty of his station, and endeavouring, as that duty obliges him, -“to break the jaws of the wicked, and pluck the spoil out of his -teeth”. One would think then that a sense of gratitude should inspire -every generous mind with an esteem and reverence for those who bear the -weight of so important an employment as the administration of public -justice, and the execution of the laws of a kingdom. And it appears -indeed to have been the wisdom of all nations to treat their characters -with the most particular regard. For from hence, it is probable, arose -the practice, now in universal use, of appropriating to magistrates -external marks of splendour and distinction; that by the distance -naturally created in the minds of the people by the outward ensigns of -dignity annexed to their office, the reverence due to their persons -might be properly preserved, and their authority thereby maintained -and upheld. But lest this should fail of its effect, and the principle -of gratitude not have force sufficient to secure the practice of -this duty, the Holy Scriptures have bound it upon us by all possible -obligations. - -There are no duties that our blessed Saviour in the institution -of His laws had a greater regard to, than those which arise from -civil society, and tend to make us useful members of the community -to which we belong. Accordingly as He laid the best foundation for -such a general practice of truth and justice as, if duly followed, -would secure effectually the properties of private persons; so He was -particularly careful to save the rights of princes, and recommended -in the strongest terms that obedience which is due to those whom -the laws have appointed rulers in every nation. And although, when -the Jews maliciously accused Him of treason against the state, and -impeached Him before Pilate as an enemy to Cæsar for declaring Himself -a King, He does not deny that He was a King, because, as He tells, -it was “for this end He was born, that He might bear witness to this -truth;” yet to shew that He had no evil designs against the person of -Cæsar, nor any intention of interfering either with his, or any human -government whatsoever, He expressly asserts that “My kingdom is not -of this world.” And again, that the rulers of the world might have no -reasonable grounds of prejudice, no enmity against Him or His religion, -through any apprehension of danger from them to their respective -governments, He enjoins it as an indispensable duty upon all His -followers, to “render unto Cæsar the things that are Cæsar’s,” as well -as “unto God the things that are God’s.” They, indeed, who are invested -with the supreme authority, and act as God’s immediate vicegerents in -the world, are the persons in respect of whom this injunction was -particularly given, but it may very fairly be extended likewise, under -due restrictions, to all that are commissioned under it and have any -share of the authority delegated to them. - -Such then is the doctrine of the Christian religion, as taught by the -Great Author and Founder of it, Jesus Christ Himself. And His apostles, -who followed Him in the uniform practice of all those virtues by which -societies subsist, have both by their precept and example taught us -the same thing. St. Paul in his epistle to the Romans, speaking of a -Christian’s duty to the civil magistrate, commands that “every soul -be subject to the higher powers”; and deduces our obligation to this -duty from these two considerations: first, that it is the will of -God--for “there is no power”, he tells us, “but of God”. The powers in -being are ordained of Him: it must therefore, as he then concludes, -be the indispensable duty of all subjects to obey; because if they -resist, they “resist the ordinance of God”. The other consideration -is taken from the general design of government, which shews it to be -our interest, as well as duty, to be obedient subjects; that “he is -the minister of God to us for good”; and that therefore in regard to -ourselves we should submit to his authority, “not only from wrath, but -also for conscience sake”; as being truly sensible of the advantages of -government, that it is the ordinance of God, for the good of mankind. -As an explication of this duty of subjection to the higher powers, -and to teach us the extent of our obedience to it, St. Peter requires -our submission, not only to the supreme magistrate himself, but also -to all, in their degree and proportion, who are invested with public -authority. “Submit yourselves”, says he, “to every ordinance of man -for the Lord’s sake, whether it be to the king as supreme, or unto -governors, as unto them that are sent by Him for the punishment of evil -doers, and for the praise of them that do well”. - -Now these scriptures, as they instruct us in our behaviour towards -the persons of magistrates, so do they teach us likewise the great -expediency and usefulness of magistracy itself, and shew us the grounds -and reasons of its institution. They inform us that magistrates were -appointed to be the guardians of the public quiet, and had the sword of -justice put into their hands for this very purpose, “to execute wrath -upon him that doeth evil”. And it is a melancholy truth, which I can -only publish and lament, that never was the vigilance and courage of -the civil magistrate more necessary than in these evil days into which -we are fallen; when to say nothing of the private vices that abound -amongst us, an almost general licentiousness is practised throughout -the kingdom, against both the common reason and the common interest of -mankind, and in defiance of all authority, whether sacred or civil. - -This is the unavoidable consequence of that contempt of religion which -is so prevalent in this degenerate age. Men have been so accustoming -themselves to look with scorn upon everything relating to it, that -scarce any appearance of the reverence due to the Supreme Being is -preserved amongst us. They deride the very notion of a wise and good -God, that made and governs all things, and in consequence treat the -duty of attending upon His worship as at best but a matter of great -indifference whether it be observed or not. How much the influence -and example of some of high rank and condition in the world have -contributed to the propagation of these pernicious notions, will -best be left to their consideration, in whose power it is to stop it; -but however that may be, this everybody sees: that the contemptuous -impiety has got to a prodigious height, and has overspread, in an -uncommon manner, all sorts of people. And when this is the case, when -the subjects of any kingdom have thrown off all regard to God, so as -to be kept no longer within the bounds of duty by the fear of Divine -justice, what is there left that can procure their obedience to earthly -rulers, or hinder them from “walking every one in the evil imaginations -of their own hearts”, from doing evil, and that continually? Take away -religion, and the obligation which it lays upon us to obedience, and -all human authority must fall to the ground. This is so apparently -true, that it has been the constant practice of the wisest politicians -in all ages, to use their utmost endeavours to preserve religion, as -judging it to be the only thing that could preserve them. And their -judgment was well grounded; for when once religion has lost its -influence upon the minds of men, and they are come to “have no fear of -God before their eyes”, what can prevent them, upon this supposition, -from endeavouring to get loose from the restraints of government, and, -whenever they can do it safely, throwing off their allegiance to those -whom they have no mind should be rulers over them? - -The right of princes must, in different nations, be as different as -the laws themselves are upon which they are founded. But be they what -they will, the claim they have to them is of Divine original, and -derived ultimately from Him, who is the “Governor among the nations; -who ruleth in the kingdom of men, and giveth it to whomsoever He will”. -As long, therefore, as men retain in their minds such a sense of God -as disposes them to give Him His right, they will probably not fail in -giving Cæsar his. But whenever it happens that the Divine authority -is disregarded, and God Himself and His laws neglected, it cannot be -any wonder that the command of men should be so lightly esteemed. -These loose and irreligious notions, then, we may fairly fix upon as -one principal cause of that depravity of manners, which so thrives -and spreads amongst us; that having first by their influence been -divested of the fear of God, we are come at length to have no regard -for men. Presumptive are we and self-willed, and like that profligate -and abandoned people described by the apostle, “we despise dominion, -and are not afraid to speak evil of dignities”. What will be the issue -of this growing evil, or where the end of those things will be, God -only knows, who is the Disposer of all events. That some care should be -taken to stop its progress, a prudential concern for our own safety, -had we no other inducements, renders absolutely necessary. But there -are motives of a higher nature; the regard we have for our religion, -laws, and liberties, should excite us to it; as an effectual means to -promote the glory of God, and to secure the peace of the kingdom. And -happy it is for us, that we have some illustrious instances of persons, -who have concern enough for both, to engage in their behalf: and to -give us hopes, however, that by this their seasonable zeal in “doing -justice and judgment,” they may be able, with the blessing of Almighty -God, if not to correct all the abuses of these daring and outrageous -people, at least give a check to their insolence, and keep them within -modest bounds; that those who will not be persuaded by the mercy of an -indulgent sovereign, to pay him willingly that submission which the -very design of government gives an undoubted right to, a just severity -may restrain from such enormous practices, as bring disgrace and danger -to government itself. - -Let us then humbly request of God, that, as he has now begun to make -us happy, by settling us in a state of peace and putting away all fear -of danger from our enemies abroad, he would go on to the completion of -it, by repressing our disorders at home. That so we, who are blessed -with a wise and well constituted government, administered by a mild -and most gracious prince, may testify our sense and worthiness of so -great a blessing, by living peaceably and quietly under it. That to the -fervency of our prayers we may add our endeavours likewise to preserve -an establishment, which is the only means, under God, of preserving -us; and, in a word, which is the common dictate both of reason and -religion, that all, who share in the benefits, may join in the duties -of an obedient people. - - - - - SMUGGLING IN SUSSEX. - - BY WILLIAM DURRANT COOPER, ESQ., F.S.A. - - _Reprinted from Vol. X. of the “Sussex Archæological Collections.”_ - - -The system of smuggling in Sussex and the neighbouring counties on the -seacoast, dates from a period long prior to that in which heavy customs -duties on imports encouraged, what is locally and technically called, -“the free-trader.” - -The southern counties were first used for an illicit export trade in -wool; and, till after the reign of Charles I., it was only during -our wars with France, Holland and Spain, when the products of those -countries were prohibited here, that there was an illicit import trade -of any magnitude. - - - EXPORT SMUGGLING. - -A few notes on the wool trade will best illustrate the origin of the -illegal export of that article, of which Dryden in his “King Arthur,” -says:-- - - Though Jason’s fleece was famed of old, - The British wool is growing gold, - No mines can more of wealth supply. - It keeps the peasant from the cold, - And takes for kings the Tyrian dye. - -In the reign of Edward I., among the articles of inquiry before the -jurors on the hundred rolls, 1274, was the illegal exportation of -wool;[18] the Sussex return shows that it had been sent from -Shoreham.[19] Soon after an export duty was imposed on English wool, of -20_s._ a bag (or 3_l._ of our money), increased to 40_s._ (or 6_l._) in -1296; then lowered to half-a-mark a bag; and, ultimately, the higher -duty was again imposed. At this time the price of the English wool was -6_d._ a pound (or 1_s._ 6_d._ of our money), and many English merchants -transported themselves with it. - -Attempts to prohibit the exportation of wool were, however, made by -Edward III. That monarch had offered great facilities to the Flemings -to establish the woollen manufactures in this country; in 1336 the -mayors and bailiffs of Winchelsea, Chichester (and twelve other -ports out of Sussex), were directed not to allow the export till the -duty had been paid;[20] and he had so far succeeded, that the cloth -produced in the year 1337 was sufficient to enable him to prohibit -the wear of any cloths made beyond seas, and to interdict the export -of English wool, under the penalties which then attached to capital -felonies. His anticipations, however, were not realised. The merchants -of Middlebourg, and afterwards of Calais, had great facilities for -evading the English law; they clandestinely exported foreign cloths to -England, and imported the wool smuggled out of this country.[21] The -law was so severe that it became useless; the punishment of loss of -life and limb was soon repealed. In 1341, Winchelsea, Chichester (and -thirteen other ports not in Sussex), were named, from which wool might -be exported, on payment of a duty of 50_s._ a sack;[22] and licenses -were granted for all who should give 40_s._ upon a pack of wool of 240 -pounds, beyond the due custom of half-a-mark a pack. The next step -taken by Edward was to regulate the price of wool; and accordingly, in -1343, an Act was passed, fixing, for three years, the price of Kent, -Sussex and Middlesex wool--the best wool being fixed at nine marks (or -8_l._ 3_s._ 6_d._ of our money), and marsh at 100_s._ (or 13_l._ 14_s._ -6_d._ of our money), showing the distinction between the two breeds -of short and long woolled sheep in this country. Similar attempts at -regulating the price were, from time to time, made by the Legislature. -In 1353, they gave the King duty of 50_s._ a sack[23] on exported wool; -and by the same statute, Chichester was one of the ten towns in England -appointed as staples for weighing the wool. Ten years later, the staple -was established at Calais, and there was a prohibition on exportation -elsewhere; this so lowered the price of wool, that in 1390 the growers -had three, four and five years’ crop unsold; and, in the next year -liberty was given to export generally, on payment of a duty. In 1363, -it was declared that all merchants and others, for their ease, might -ship wools at Lewes, where the customers of Chichester were directed to -take the customs.[24] In 1394, John Burgess, of Lewes, was pardoned -for being at the port called Kingston, having at Goring by night -shipped wool which had not paid customs, on the ship of Lawrence Blake, -an alien [Pat., 18 Ric. II.] and two years after Thomas Kitte and -Richard Barnard took on horses by night four sacks of wool, which the -said Thomas and Lawrence Hildere had sold to a foreigner and promised -to deliver: and Robert Smith, of Offington, Henry Elay, William Kitte, -John Mitchelgrove, William Hobbin, John Mot, of Worthing, William Otham -and William Garrett, lay wait for them the same night in the highway -at Worthing, near the sea, opposite the port of Kingston, and took -them with their horses and the wool, and detained them, but they paid -8 marks and more to help their cause [Pat., 20 Ric. II.]. In 1368, -Chichester was still among the places for the staple; but in 1402 (4th -Hen. IV.), the Lewes Burgesses prayed[25] that wool might be again -weighed, for home consumption and for shipment, at that town as well -as at Chichester, because they were near the sea, and a great part of -the wool was grown near there, and the town and neighbourhood were -inhabited by many great merchants. - -At this period licenses were freely granted for the export of wool to -any part of the Continent, on payment of a heavy duty to the Crown. -It was to evade this duty that the smuggling trade was carried on. -When, in 1423,[26] it was enacted that no license should be granted -to export the “slight,” _i.e._, the short “wools of Southampton, -Kent, Sussex and York,” except to the staple at Calais, a still more -direct encouragement was given to the men of the coast to evade the -law; and, in 1436, wharves[27] were assigned for the shipping of wool, -to avoid the damage done to the King by those who shipped their wools -in divers secret places and creeks, “stealing and conveying the same, -not customed, to divers parts beyond the seas, and not to Calais.” The -shippers were required to find sureties and to bring back from Calais -certificates of unlading there. - -The price of wool fell considerably; and, in 1454, it was not much more -than two-thirds of its price 110 years previously; the wool-growers -were alarmed, and their representatives in the Commons complained -of the great “abundance of wools, as well by stealth as by license, -uttered into the parts beyond the sea,”[28] and prayed that wool might -not be sold under certain prices; Shropshire marsh wool was fixed at -fourteen marks; Kent at 3_l._, instead of 100_s._; Sussex at -50_s._; and Hants at seven marks a sack; whilst in the next reign -(of Edward IV.) it was enacted that no alien should export wool, and -denizens only to Calais. - -In 1547, under Edward VI., complaints were made as to the falling-off -in the amount of duty due to the crown; the irregularity with which it -was paid; and the mode in which the price was artificially raised by -the merchants. An enquiry was directed into the rate of subsidy due -to the King, and the weight and quality of the wool in England and -Calais;[29] and a bill was introduced for regulating the buying by -staplers and clothiers. In the year 1548, the act against regrating was -continued. - -About this time, it would seem that the woollen manufacture existed -both in the counties of Kent and Sussex.[30] In 1551, renewed attempts -to improve the English manufacture were made. A body of Flemish -weavers was settled at Glastonbury,[31] and supplied with wools; and -the Legislature passed a very stringent act for regulating the times -of buying wool--so stringent, indeed, that several of its clauses had -to be repealed in 1553. Queen Elizabeth also favoured still more the -immigration of foreign weavers. Although licenses were granted for the -export of wools on payment of duty, and in October, 1560, we have an -account of wools shipped legally to Bruges,[32] yet practically the -merchants of the staple had obtained a monopoly of exportation.[33] - -The loss of Calais, however, and consequently of the staple there, had -most materially injured the English wool-grower and the merchants of -the staple. The latter laid their complaints before Queen Elizabeth, -in 1560, representing the injury they had sustained since the loss -of Calais,[34] and obtained such redress as was within the power of -the crown, namely, by license to export wool generally, on payment of -export duty. A similar license had been granted to Lord Robert Dudley, -which was renewed in 1562;[35] and in 1571 the act of Edward VI., -putting restrictions on the home trade, was extended. - -The Parliaments of Mary, Elizabeth and James granted the high duty of -1_l._ 13_s._ 6_d._ a sack on wool exported by natives, and double the -amount by foreigners. It is noticeable that at this time short wools -had become of still less value; and that the long Cotswold wool had -come into the most favour. - -These restrictions operated very prejudicially on the trade; and in -1572 the Company of Woolmen petitioned the Queen to take off the -restraints imposed by the act of the preceding year and by Edward -VI.;[36] and five years afterwards (1577) the scarcity and high price -were so great as to give rise to grave complaints against the merchants -of the staple from the clothiers of Wilts, Worcester, Gloucester and -Essex[37] (then the principal seats of the woollen manufacture). In -August of that year commissioners were appointed in sundry counties to -have the special oversight for the restraint of the unlawful buying and -engrossing wool;[38] and towards the close of the reign of James I. -(in 1621–24–26) bills were introduced prohibiting all exportation of -wool.[39] - -On April 17, 1630, Charles I. also published a proclamation against the -export of wool, but still granted licenses. In 1647, in consequence -of the high price, an ordinance passed wholly prohibiting the -exportation of wool and Fuller’s Earth.[40] Again, on November 18, -1656, a further proclamation was issued against the exportation; yet -it was avowed, by an authority writing in that year,[41] that, though -the exportation was prohibited as almost a felony, there was nothing -more daily practised. Nor was the loss, said he, in this case all -the injury; for when honest men did “detect these caterpillars,” and -endeavoured by due course of law to make stoppage thereof, and to have -the offenders punished, so many were the evasions--such combination -and interests in the officers who ought to punish; such favour had -they in the courts of justice, and in general, such were the affronts -and discouragements--that the dearest lover of his country, or most -interested in trade, dared not to prevent that mischief which his eyes -beheld to fall upon his nation. - -After the Restoration, in 1660, an act was passed entirely prohibiting -the export of wool; and in 1662, the illicit export was made felony. -The severity of the punishment had no effect in discouraging the -active spirits along the southern coast, and they readily risked their -necks for 12_d._ a day. Seven years after the last enactment, -it is stated that from Romney Marsh the greatest part of the rough -wool was exported, being put on board French shallops by night, with -ten or twenty men well armed to guard it; whilst in some other parts -of Sussex, Hants, and Essex, the same methods were used, but not so -conveniently.[42] In 1671, Mr. W. Carter declared that the misery of -England was the great quantity of wool stolen out of England. Holland -drew from Ireland whole ship-loads of wool, besides what came from -England, being stolen out from the Kentish, Essex, and Sussex coasts. -In the town of Calais alone, there had been at least, within two -years, brought in forty thousand packs of wool from the coasts of -Kent and Sussex; for Romney Marsh men were not content only with the -exportation of their own growth, but bought wool ten or twenty miles up -the country, brought it down to the seaside, and shipped it off;[43] -and all attempts at effective prosecution of the offenders were -defeated.[44] - -In 1677, the landowners endeavoured, without success, to obtain a -direct sanction for a legitimate export trade; and “Reasons for a -Limited Exportation” were published. Andrew Marvel, writing in this -same year, describes the owners as a militia, that, in defiance of all -authority, convey their wool to the shallops with such strength, that -the officers dare not offend them.[45] - -After the revolution of 1688, the penalty of felony, imposed by the Act -of Charles II., was thought too severe. Very few convictions had taken -place under it; and, in 1698, a milder punishment was inflicted;[46] -whilst, in 1698, a direct blow was aimed at the Kent and Sussex men by -an enactment which lasted till our own day,[47] that no person living -within fifteen miles of the sea, in those counties, should buy any -wool before he entered into a bond, with sureties, that all the wool -he should buy should not be sold by him to any persons within fifteen -miles of the sea; and growers of wool within ten miles of the sea, in -those counties, were obliged, within three days of shearing, to account -for the number of fleeces, and where lodged. - -All the care of the Legislature had been to no purpose; the coast -men had set the law at defiance--openly carrying their wool at -shearing-time, on horses’ backs to the seashore, where French vessels -were ready to receive it--and attacking fiercely anyone who ventured -to interfere. Mr. W. Carter himself was sharply attacked in 1688. -Having procured the necessary warrants, he repaired to Romney Marsh, -where he seized eight or ten men, who were carrying the wool on the -horses’ backs to be shipped, and desired the Mayor of Romney to commit -them. The Mayor--wishing, no doubt, to live a peaceful life among his -neighbours--admitted them to bail. Carter and his assistants retired to -Lydd, but that town was made too hot to hold them--they were attacked -at night; adopting the advice of the Mayor’s son, they next day, -December 13, came towards Rye. They were pursued by some fifty armed -horsemen till they got to Camber Point; so fast were they followed, -that they could not get their horses over Guilford Ferry; but, luckily, -some ships’ boats gave them assistance, so that the riders got safe -into the town, which had been “put into much fear;” and “had they not -got into the boats,” says one of the witnesses, “Mr. Carter would have -received some hurt, for many of the exporters were desperate fellows, -not caring what mischief they did.”[48] - -The new law was not, at first, much more efficient. Mr. Henry Baker, -the supervisor of these counties, writing on his tour from Hastings, on -September 18, 1698, refers the customs department to some observations -he had made in relation to the “owling”[49] and smuggling trades; and -in his letter of April 25, 1699, he states that in a few weeks there -would be shorn in Romney Marsh (besides the adjacent parts in the -level) about 160,000 sheep, whose fleeces would amount to about three -thousand packs of wool, “the greatest part whereof will be immediately -sent off hot into France--it being so designed, and provisions, in a -great measure, already made for that purpose.”[50] All that the new law -seems to have done at first was to send the wool grown by the Sussex -and Kent men some fifteen miles up the country, to be thence recarried -to the sea and shipped. - -Under the new act, seventeen surveyors were appointed for nineteen -counties; and 299 riding officers, whose salaries and expenses came to -£20,000 a year. They seized only 457 packs of wool, got only 162 packs -condemned, and had 504 packs rescued. In Kent, sixty-five packs were -seized and eight only condemned; in Sussex, twenty-six were seized, and -twelve condemned.[51] - -The illicit exportation of wool was never stopped; and, in 1702, -Mr. William Symonds, of Milton, near Gravesend, in his “New Year’s -Gift to the Parliament: or, England’s Golden Fleece preserved, in -Proposals humbly laid before the Present Parliament,”[52] makes -twenty-five proposals to prevent the exportation of wool, which was -illicitly carried on to a great extent; and, by the first, he suggests -six staples, or registry offices, at Ashford, Faversham, Maidstone, -Tunbridge, Gravesend, and Dartford, for the prevention of clandestine -export from these places. - -In 1717, an act passed, directing that smugglers of wool, who should be -in prison, and should not plead, might have judgment against them, and, -if they did not pay the penalty, might be transported;[53] and yet, on -May 19, 1720, it was necessary to issue a proclamation for enforcing -the law. - -In 1731, and in the five following years, the manufacturers petitioned -for greater vigilance against the clandestine exportation of wool; it -being alleged that the great decay of the woollen manufactures was, -beyond dispute, owing to the illegal exportation of wool, of which -150,000 packs were supposed to be shipped yearly; and it was “feared -that some gentlemen of no mean rank, whose estates bordered on the -seacoast, were too much influenced by a near but false prospect of -gain,” to wish for the application of a remedy proposed, viz., the -registration of all wool at shearing-time, and a complete system of -certificates till it was manufactured; “so that no smuggler or owler -would venture to purchase it, by reason he would have no opportunity of -sending it abroad in the dark.”[54] - -In the preamble to the Act of 1739,[55] it is expressly avowed that, -notwithstanding the penalties imposed for eighty years, the exportation -of wool, unmanufactured, was “notoriously continued.” The stringent law -of 1698 had failed in its object, and when, in 1787 (in opposition to -the demands of the Lincolnshire wool-growers for power to export their -produce), the manufacturers brought in a bill to prevent the illicit -exportation, because of the then increasing practice of smuggling -British wool into France, and the inefficiency of the laws to prevent -it; and when, as a remedy, it was proposed to extend the restrictions -imposed upon Kent and Sussex to the entire kingdom, the opponents of -the bill shrewdly asked:--“How it was the manufacturers could act -so absurdly, to demand an extension of laws relating to those two -counties, when it was supposed that the greatest quantities of wool -were smuggled from those parts?”[56] - -The habit of export smuggling, then, has been, for some hundreds of -years at least, part of the system under which the middle and lower -classes in Sussex have been trained. Large fortunes were made by it in -East Sussex, and it came to an end only during the last war with France. - - - IMPORT SMUGGLING. - -The wars with France, in the time of King William and Queen Anne, -revived and increased greatly the custom of _import_ smuggling, -for which the existing _export_ system, already well organised, -gave every convenience. - -It was in Romney Marsh that Hunt, in the year 1696, ran cargoes of -Lyons silk and Valenciennes lace sufficient to load thirty pack-horses; -and, under cover of these proceedings, kept a house of resort for -men of high consideration among the Jacobites--of “earls and barons, -knights and doctors of divinity”--and established a clandestine post to -London, and frequent communications, by means of privateers, with the -Court of St. Germains.[57] - -The vigilance necessarily used during the next war, to prevent these -clandestine communications with the enemy, will be best seen by the -following account of some persons, as well English as French,[58] -seized by the riding officers appointed for the guard of the coast of -Kent and Sussex, coming out of France; and of some other particulars -relating to correspondence, &c., on those coasts, since her Majesty’s -declaration of war in May, 1702, to December 20, 1703:-- - - JULY 25, 1702.--Some French letters sent from a privateer, and - others found in the beach near Seaford, all delivered to the - Secretary Hedge’s office. - - OCT. 8.--Near Seaford, two persons seized and sent to the - Secretary. Mr. Pelham and J. Goldham. - - JAN. 4, 1703.--At Newhaven, five Frenchmen and a boy taken. - Hawkins. - - MAR. 5.--At Felpham, two French prisoners. Parratt. - - MAY 3.--A Frenchman, from Calais, with letters and papers, under - Beachy Head in the night, sent for. Messenger Fowler. - - MAY 6.--Three French prisoners at Pagham. - - MAY 27.--Five or six French prisoners more, near Shoreham. Clark. - - Captain Toosloe sett on shore, by Cleavell, from Dieppe. Clark. - - Shoreham: Three French prisoners more. Mose. - - Three came on shore in long-boat, and made their escape through - the country. Ogilvie. - - OCT. 2.--Mr. Herne seized: brought up per messenger. Seaford. - - DEC. 12.--Major Boucher, Captain Ogiliby and five more out - of France, seized at Beachy Head, by express; brought up by - messengers. - - Out of a small hoy, near Selsea, seized five Frenchmen; - committed to Chichester gaol, broke prison, and retaken by J. - Field. - - SEIZURES OF SILKS AND OTHER FRENCH GOODS, &C.--Convictions and - compositions made and obtained by the said officers, within - the time first above-menconed, amounting to about six thousand - five hundred pounds--as per records in her Majesty’s Court of - Exchequer may appeare. 6,500_l._ - -The public records of this period give us other evidence of the calling -to which the smugglers betook themselves in time of war, viz., the -conveyance of letters and correspondence to the enemy.[59] Thomas Owen, -on January 3, 1703, reported the capture of William Snipp at Lydd, and -John Burwash and George Fuller--described in Mr. Baker’s letter of 6th -of the same month as “part of the old gang of those who were ‘owlers’ -in the late war”--as openly in communication with French sloops which -came to the coast, and hoped that the law would take hold of their -carrying correspondence with the sloops, “else there would be more -wool transported than there has been for many years;” whilst Mr. Baker -declared that “the practice, if permitted, would very much encourage -and contribute to the exportation of wool, and also the running or -smuggling of French goods.”[60] - -This system of carrying on correspondence with France, in time of -war, lasted down to and through the last war, during which the daily -newspapers and correspondence were regularly carried to Buonaparte, by -a family then resident at Bexhill. - -From the following report, made by Mr. Baker in December, 1703, it -appears that the new law had by that time abated, though it had not -quite stopped, the “owling” trade along these coasts, but that import -smuggling still flourished:-- - -“May it please your Honours,[61]--In obedience to your Honours, -commanding me to consider how the charge of the ryding-officers -appointed for the guard of the coasts of Kent and Sussex may, in some -measure, be reduced without prejudice to her Majestie’s service, -in preventing the exporting of wool, &c., from these coasts. Upon -consideration thereof, and from observations I have made of the state -of that and the smuggling trade, as they have been carryed on since -the present warr, I have observed and do beleive that the neck of the -‘owling’ trade, as well as the spirit of the ‘owlers,’ is in a great -measure broke, particularly in Romney Marsh; where I have, in several -of my late reports and papers laid before your Honours, observed -unto you, that in the latter end of the last warr, and the beginning -of the last peace, wool used to be shipped off from thence and from -other parts of that county by great numbers of packes weekly, there -are not now many visible signs of any quantities being transported. -But for fine goods, as they call them (viz., silks, lace, &c.), I am -well assured that trade goes on through both counties, though not in -such vast quantities as have been formerly brought in--I mean in those -days when (as a gentleman of estate in one of the counties has, within -this twelve months, told me) he had been att once, besides at other -times, at the loading of a wagon with silks, lace, &c., till six oxen -could hardly move it out of the place: I doe not think that the trade -is now so carried on as ’twas then. Therefore, upon consideration of -the whole matter, since your Honours are of opinion that it is for -her Majestie’s service to lessen the charge, I humbly propose:--That -whereas there are now, for the security of those coasts, fifty officers -appointed from the Isle of Sheppy, in Kent, to Ensworth, in Hampshire, -which is coastwise more than two hundred miles, att 60_li._ per -annum, with an allowance to each of them of 30_li._ per annum -for a servant and horse, to assist them upon their duty in the night, -the whole amounting to about 4500_li._ per annum, including the -old sallary of the port-officers, &c., my opinion, upon consideration -as aforesaid, is, if your Honours shall approve thereof, that the -said allowance of 30_li._ to each of them, for a servant and one -horse as aforesaid, may be taken off, which will completely reduce -one-third part of the whole, and leave it then at about 3000_li._ -per annum; and for some kind of supply in their nightly duty, instead -of their servants, and that the course of that may not be broken, -especially in Romney Marsh, where the mischief has most prevailed, -I further propose that the dragoons now quartered in Kent, and, by -her Majestie’s order of the 11th August last, to be detached into -severall parts of the Marsh, to assist the officers in the exportacon -of wool, &c., as from time to time I shall direct (as per said order -may appeare), may, if your Honours shall so please, be made useful in -this service, pursuant to the Order in Councell by his late Majestie, -bearing date the 23rd June, 1698, wherein it was ordered that, for the -encouragement of the said souldiers and the landlords of the houses -that quarter them there (being an allowance of twopence per diem to -each dragoon upon such service, and to the officers in proportion, the -whole not exceeding 200_li._ per annum, to be paid by me--which -was for about two years constantly paid them myself), being revived, I -can soe dispose those souldiers that the nightly duty of the officers -shall not be interrupted, and every one of them shall always have one -or more of them in the night upon duty; I mean all those in the Marsh, -that is from Folkestone inclusive to East Guldeford the same; and this -being soe ordered, your Honours do reduce the charge from what it now -is full 1300_li._ per annum. The same use may be made of them -upon the coast of Sussex (if it be thought for the service, as in my -opinion it would very much be), as well in other respects as those -afore-mentioned. To all this, if your Honours can obtain the guard of -cruizers, as they are appointed by the 7th and 8th of the late King, -for those coasts from the North Foreland to the Isle of Wight, and -shall be pleased to remove your weak and superanuated officers, as -soon as you can provide otherwise for them, and for the future resolve -to admit none into the service; but that the officers (according to -proper and apt instructions to be prepared for them) be kept to a -strict and diligent discipline in the performance of their duties. -These methods being taken, I am humbly of opinion both coasts may be -ventured with a single guard, soe as aforesaid, during the warr, or for -one year’s tryall, &c. - - “HEN. BAKER. - - “December, 1703.” - - * * * * * - -The new force was utterly inadequate to the suppression of the trade. -In the next forty-five years the daring of the smugglers grew with the -impunity with which they were enabled to act. Large gangs, of twenty, -forty, fifty, and even one hundred, rode, armed with guns, bludgeons, -and clubs, throughout the country, setting every one at defiance, and -awing all the quiet inhabitants. They established warehouses and vaults -in many districts, for the reception of their goods, and built large -houses at Seacock’s Heath, in Etchingham (built by the well-known -smuggler, Arthur Gray, and called “Gray’s Folly”), at Pix Hall and -the Four Throws, Hawkhurst,[62] at Goudhurst, and elsewhere, with the -profits of their trade. - -We have in the treasury papers[63] many particulars of the daring and -desperate acts of these companies or gangs of men in both parts of -Sussex, during the first half of the last century, principally in the -smuggling of tea. - -In an engagement between the custom-house officers and upwards of sixty -armed men, at Ferring, on June 21st, 1720, William Gouldsmith, the -custom-house officer, had his horse shot under him.[64] - -In June, 1733, the officers of the customs at Newhaven attempted to -seize ten horses laden with tea, at Cuckmere; but they were opposed by -about thirty men, armed with pistols and blunderbusses, who fired on -the officers, took them prisoners, and confined them whilst the goods -were carried off.[65] - -In August of the same year, the riding officers observed upwards of -twenty smugglers at Greenhay, most of them on horseback, armed with -clubs, and their horses laden with tea, which the officers endeavoured -to seize, but the smugglers fell upon them, and with clubs knocked one -of the officers off his horse, wounded him, and confined him for an -hour, whilst the gang carried off the goods. - -On December 6, 1735, some officers of Newhaven, assisted by dragoons, -met with a large gang of smugglers, well armed, who surrounded the -officers, and confined them for about an hour and a half. The smugglers -were afterwards met by three other officers and six dragoons, whom the -smugglers attacked, but the officers got the better, pursued them, and -seized five smugglers, armed with pistols, swords, and cutlasses, and -twelve horses. - -In July, 1735, some of the officers of the port of Arundel watched on -the coast, expecting goods to be run out of a smuggling vessel, but -being discovered by upwards of twenty smugglers armed with pistols and -blunderbusses, the officers were confined till two or three boatloads -of goods had been landed and conveyed away on horses; and in the same -month, some other officers having received information that a parcel of -brandy was to be run at Kingston, and going in pursuit of it, met with -ten smugglers, one of whom presented a pistol in order to rescue the -goods; but the officers getting the better of the smugglers, seized the -brandy and carried it to the custom-house. - -In the natural course of events these affrays must end in bloodshed; -and in March, 1737, a fatal engagement took place at Bulverhithe, with -one of the then numerous gangs of Sussex smugglers, an account of which -is given in a letter, dated March 10, from a person writing under the -assumed name of Goring, to the Commissioners of Customs:--[66] - -“May it please (your) Honours,--It is not unknown to your Lordships of -the late battle between the smuglers and officers at Bulverhide; and -in relation to that business, if your Honours please to advise in the -newspapers, that this is expected off, I will send a list of the names -of the persons that were at that business, and the places’ names where -they are usually and mostly resident. Cat[67] (Morten’s man) fired -first, Morten was the second that fired; the soldiers fired and killed -Collison,[68] wounded Pizon, who is since dead; William Weston was -wounded, but like to recover. Young Mr. Brown was not there, but his -men and horses were; from your Honours’ - - “Dutifull and Most faithfull servant, - “GORING.” - -“There was no foreign persons at this business, but all were Sussex -men, and may easily be spoke with. - -“This (is) the seventh time Morten’s people have workt this winter, -and have not lost any thing but one half hundred (of tea) they gave to -a dragoon and one officer they met with the first of this winter; and -the Hoo company have lost no goods, although they constantly work, and -at home too, since they lost the seven hundredweight. When once the -smuglers are drove from home they will soon be all taken. Note, that -some say it was Gurr that fired first. You must well secure Cat, or -else your Honours will soon lose the man; the best way will be to send -for him up to London, for he knows the whole company, and hath been -Morten’s servant two years. There were several young chaps with the -smuglers, whom, when taken, will soon discover the whole company. The -number was twenty-six men. Mark’s horse, Morten’s, and Hoad’s, were -killed, and they lost not half their goods. They have sent for more -goods, and twenty-nine horses set out from Groomsbridge this day, about -four in the afternoon, and all the men well armed with long guns.... -There are some smuglers worth a good sum of money, and they pay for -taking.... The Hoo company might have been all ruined when they lost -their goods; the officers and soldiers knew them all, but they were not -prosecuted.... Morten and Boura sold, last winter, someways, 3,000 lb. -weight a week.” - -In fact, the smugglers overawed most of the riding officers, and bribed -many others, so that the peaceable inhabitants of the villages were -completely at the mercy of these lawless bands. - -On June 13, 1744, the officers of the customs at Eastbourne, having -intelligence of a gang of smugglers, went, with five dragoons mounted, -to the seashore, near Pevensey; but one hundred smugglers rode up, and -after disarming the officers, fired about forty shots at them, cut them -with the swords in a dangerous manner, loaded the goods on above one -hundred horses, and made towards London.[69] - -In “Seasonable Advice to all Smugglers of French Cambricks and French -Lawns, with a brief State from the Honourable Commissioners of His -Majesty’s Customs of Smuggling, in the year 1745,”[70] it is said that -before the Committee of the House of Commons, which sat in 1745 to -inquire into the causes of the most infamous practice of smuggling, it -was in evidence:--“From Chichester it is represented that in January, -1745, nine smuggling cutters sailed from Rye, in that month, for -Guernsey, in order to take in large quantities of goods, to be run on -the coast; and they had intelligence that one of the cutters had landed -her cargo.” The remedy suggested was the annexing the Isle of Man to -the Crown of England, by purchase, and the employment of 2,060 sea -officers and men, in sixty vessels, to be stationed on different parts -of the coast. - -The most formidable gang, however, that had hitherto existed, and -that which luckily furnished the climax to these scenes of crime, was -known throughout our own county and Kent as the “Hawkhurst Gang.” In -the year 1747[71] the smugglers in those parts were grown so numerous -and so formidable by their daring and repeated attacks on the persons -and properties of the inhabitants, and the cruelties exercised on some -who had opposed their extravagancies, that the people of Goudhurst -found themselves under the necessity either of deserting their houses, -and leaving their property wholly at the mercy of these marauders, -or of uniting to oppose by force their lawless inroads. The latter -alternative was at length embraced; a paper, expressive of their -abhorrence of the conduct of the smugglers, and their determination -to oppose them, was drawn up and subscribed to by a considerable -number of persons, who assumed the appellation of “The Goudhurst -Band of Militia,” at the head of whom was a young man of the name of -Sturt, a native of Goudhurst, who had recently received his discharge -from a regiment of foot, under the command of General Harrison, -and by whose persuasions they had been principally induced to this -resolution. Intelligence of this confederacy soon reached the ears of -the smugglers, who contrived to waylay one of the militia, and, by -means of torture and confinement, extorted from him a full disclosure -of the plans and intentions of his colleagues. After swearing this man -not to take up arms against them, they let him go, desiring him to -inform the confederates that they (the smugglers) would, on a certain -day named, attack the town, murder every one therein, and burn it to -the ground. Sturt, on receiving this information, convened his little -band, and, having pointed out the danger of their situation without -exertion and unanimity, engaged them in immediate preparation for the -day of battle. While some were sent in quest of firearms, others were -employed in casting balls, making cartridges, and taking every means -for resistance and defence which time and opportunity afforded. At the -time appointed, the smugglers, headed by Thomas Kingsmill, made their -appearance before the entrenchments of the militia,[72] and after some -horrid threats and imprecations by their leader, a general discharge of -firearms was given by the smugglers, and returned immediately by the -militia, by which one of the smugglers fell; but it was not till two -more had lost their lives, and many had been wounded, that they quitted -the field of battle; they were pursued by the militia and some of them -taken and executed.[73] - -Thomas Kingsmill escaped for a time, and became the leader of the -desperate attack made in October, 1747, by thirty smugglers on the -custom-house at Poole. This man was a native of Goudhurst, and had been -a husbandman; but, having joined the smugglers, he was distinguished -and daring enough to become captain of the gang--an honour of which he -was so proud that he sought every opportunity of exhibiting specimens -of his courage, and putting himself foremost in every service of danger. - -Perrin, another of the gang, was a native of Chichester, where he had -served his time as a carpenter, and had successfully practised his -trade, as a master, for some years, till a stroke of the palsy had -deprived him of the use of his right hand; he then became connected -with the smugglers, and used to sail to France as purchaser of goods -for them. In this capacity he, in September, 1747, bought a large -quantity of brandy, tea and rum,[74] which was loaded on board a -cutter (“The Three Brothers”), with the view of running it on the coast -of Sussex; but intelligence reached the revenue officers, and Captain -Johnson, of the revenue cutter at Poole, on September 22, caught sight -of the loaded cutter, took her, and carried her and her cargo into -Poole--Perrin and the crew escaping in the boat. - -On Sunday, Oct. 4, the whole body of smugglers assembled in the -Charlton Forest to consult on the possibility of recovering the goods, -when Perrin proposed that they should go in a body, armed, and break -open the Poole Custom-house; this was agreed to, and a bond was signed -to support each other. The next day they met at Rowland’s Castle, -armed with swords and firearms; at the Forest of Bere, adjoining -Horndean, Kingsmill and the Hawkhurst gang met them; they concealed -themselves in the wood till the evening of the following day, and then -proceeded to Poole, which they reached at eleven at night. A report -from two who were sent to reconnoitre, stating that a sloop of war lay -opposite the quay, so that her guns could be pointed against the door -of the custom-house, led some of the gang to falter; but Kingsmill and -Fairall (a native of Horsendown Green, Kent, of no business, inured -to smuggling from infancy, and remarkable for his brutal courage[75]) -addressed them, saying: “If you will not do it, we will do it -ourselves.” Then a fresh report was made, that, owing to the ebb-tide, -the sloop could not bring her guns to bear. Animated with this -intelligence, they all rode to the sea coast; Perrin and another of the -gang took care of the horses, whilst the main body went down to the -custom-house, taking with them a boy they chanced to meet, to prevent -his alarming the inhabitants. The door was forced open with hatchets -and other instruments, the smuggled tea was carried off on the horses -to Fordingbridge; the band, after having travelled all night, there -stopped for a time, but continued their journey to Brook, where the tea -booty was divided in the proportion of five bags of twenty-seven pounds -each per man. - -A reward was offered for their apprehension, but it was months -before any were taken. A man named Diamond was captured, and lodged -in Chichester gaol, when a portion of the gang committed murders in -West Sussex to prevent evidence being given against their fellows. -The victims were William Galley the elder, a custom-house officer at -Southampton; and Daniel Chater, a shoemaker of Fordingbridge. The -murderers were Benjamin Tapner, a native of Aldrington,[76] who had -worked as a bricklayer; John Cobby, an illiterate son of a Sussex -labourer; John Hammond, a labouring man, born at South Berstead; -William Jackson and William Carter, natives of Hampshire; Richard Mills -the elder, a native of Trotton, where he had been a horse-dealer, -but, failing in business, had commenced smuggling, and become one of -the most hardened of the gang; and Richard Mills the younger, who -lived at Stedham, and had been with his father in business. It seems -that, on February 14, 1748, Galley and Chater were on their road to -Major Battine’s, at Stanstead, to have Chater’s evidence taken, when -they were induced to stop at the White Hart, at Rowland’s Castle, -the landlady of which, being afraid that they were going to hurt the -smugglers, sent for Jackson and Carter, and communicated her suspicions -to them; others of the gang came in, and Carter soon got from Chater -the real business. The men were then made nearly drunk, and put to bed; -from which they were awoken to be tied to one horse, with their legs -under the belly, and to be whipped till they fell twice, with their -heads under. They were then taken to a well in Lady Holt Park, where -Galley was taken from the horse and threatened to be thrown into the -well; this, however, the smugglers did not do, but, putting him again -upon the horse, whipped him to death on the Downs, and then dug a hole -and buried him. Chater was then chained in a turf-house, from which, -after being maimed in his nose and eyes by a knife, he was taken in -the dead of the night to Harris’s Well, and Tapner, having fastened a -noose round Chater’s neck, bid him get over the pales of the well; they -tied one end of the rope to the pales, and pushed him into the well; -the rope, however, was short, and he, being some time without becoming -strangled, they then untied him and threw him head foremost into the -well; and, to stop his groans, threw upon him the rails and gate-posts -round the well, and large stones. Galley’s body was found by Mr. Stone -whilst hunting; and six miles off, in the well, the body of Chater. -The murderers were tried at a special assize for smugglers, holden -at Chichester, before three judges--Sir Michael Forster, Knight, Sir -Thomas Birch, Knight, and Mr. Baron Edward Clive--January 16, 1749. -The sermon, which has been printed,[77] being preached by Sir William -Ashburnham, then Dean, but afterwards Bishop of Chichester, from -_Job_ xxix., 14–16. The first three were convicted as principals, -and the others as accessories before the fact to the murder of Chater; -and Jackson and Carter for the murder of Galley. Jackson died in prison -the night he was condemned. The others were hung on January 18--the two -Mills’s not in chains; but Carter was hung in chains, near Rackley; -Tapner, on Rook’s Hill, near Chichester; and Cobby and Hammond, on -Selsey Isle, on the heath where they sometimes landed their smuggled -goods, and where they could be seen a great distance east and west. - -John Mills, another son of Richard Mills and one of the gang, who, -with some of his associates saw the judges travelling over Hind Heath, -on their way to the special assize at Chichester, and proposed to -rob them;[78] but his companions refused to concur with him. Soon -after his father’s execution, he met with Richard Hawkins, put him on -horseback and carried him to the Dog and Partridge on Slindon Common, -where Mills and his companions accused him of having stolen two bags -of tea; and on his denying it, flogged and kicked him to death, and -then, carrying his body twelve miles, tied stones to it and sunk it in -a pond in Parham Park. Mills was entrapped to the house of an outlawed -smuggler named William Pring, at Beckenham, and there betrayed. He was -tried and convicted at the assizes holden at East Grinstead, and there -hung on Aug. 12, 1749, being conducted to the place of execution by a -guard of soldiers, as a rescue was feared from the smugglers; and after -execution, he was hung in chains on Slindon Common. Others of the gang -were tried at the same assizes as highwaymen, and executed. - -At length two of the smugglers, who had been evidence against the men -hanged at Chichester, gave information as to the place of meeting of -Kingsmill, Fairall, Perrin and Glover; they were arrested for the -breaking open of the custom-house at Poole, tried at Newgate, and -convicted,[79] Glover being recommended by the jury to the royal mercy. -Fairall behaved most insolently on the trial, and threatened one of -the witnesses; Glover exhibited penitence; but Kingsmill and Perrin -insisted that they had not been guilty of any robbery, because they -only took the goods that once belonged to them. Perrin’s body was -directed to be given to his friends, and he was lamenting the fate of -his associates, when Fairall said: “We shall be hanging up in the sweet -air, when you are rotting in your grave;” and the night before his -execution, Fairall kept smoking with his friends till he was ordered -by his keeper to go to his cell, when he exclaimed: “Why in such a -hurry, cannot you let me stay a little longer with my friends? I shall -not be able to drink with them to-morrow night.” Kingsmill was only -twenty-eight and Fairall only twenty-five years of age, at the time of -their trial. - -Glover was pardoned; the other three were hung at Tyburn on April 26, -1749, and the body of Fairall was hung in chains on Horsendown Green, -and Kingsmill’s on Goudhurst Gore. - -This most formidable gang was thus broken up; but Horace Walpole’s -letter of August 5, 1752, and the diary of Walter Gale,[80] show that -to Sussex men, the profits of the illicit trade were too great a -temptation to allow it to be given up. - -The habit of smuggling, wrecking[81] and privateering led to -perpetration of many other crimes; amongst others, to a revival of -those acts of piracy which disgraced the Cinque Ports in the thirteenth -century.[82] - -On Aug. 11, 1758, Nicholas Wingfield and Adams Hyde, of Hastings, -masters of two privateer cutters, piratically boarded the Danish ship -“Der Reisende Jacob,” on board of which was the Marquis Pignatelli, -Ambassador Extraordinary from his Catholic Majesty to the Court of -Denmark; assaulting Jurgan Muller, the master of the vessel, and -stealing twenty casks of butter. The Lords of the Admiralty offered -a reward of 500_l._ Nicholas Wingfield and Adams Hyde, with -four others, having been betrayed by some of their accomplices, were -arrested; and on Jan. 15, 1759, were brought under a strong guard -of soldiers, and lodged in the Marshalsea. They were tried at the -Admiralty sessions, March 9, 1759, when Nicholas Wingfield and Adams -Hyde were found guilty; and on the 28th of the same month, were hung -at Execution Dock. The four others were acquitted. The punishment did -not operate as a sufficient warning to the Hastings men. For seven -years a gang known as Huxley’s crew, most of whom lived at Hastings, -boarded and robbed several of the ships coming up the Channel; and in -particular in 1768, they boarded a Dutch homeward-bound hoy, called -“The Three Sisters,”[83] Peter Bootes, commander, about two leagues -from Beachy Head, and chopped the master down the back with an axe. -In November, 1768, the Government sent a detachment of two hundred of -the Inniskilling Dragoons to Hastings, to arrest the men, who had been -betrayed by their bragging to one another how the Dutchman wriggled -when they had cut him on the backbone; and a man-of-war and cutter lay -off Hastings to receive the men.[84] The soldiers had strict orders -not to allow their mission to be known; but the day after their -arrival, the Mayor (who was supposed to have aided in the evidence) -was assaulted in the town, because he would not tell what the soldiers -came for; the soldiers were thereupon called out, and several arrests -made of parties, who were conveyed to the Marshalsea. At the Admiralty -sessions holden on Oct. 30, 1869, Thomas Phillips, elder and younger, -William and George Phillips, Mark Chatfield, Robert Webb, Thomas and -Samuel Ailsbury, James and Richard Hyde, William Geary, alias Justice, -alias George Wood, Thomas Knight and William Wenham, were indicted for -the piracy of “The Three Sisters,” and capitally convicted; and of -these Thomas Ailsbury, William Geary, William Wenham, and Richard Hyde -were hung at Execution Dock, Nov. 27. - -So great was the panic occasioned by these arrests, that a shop-keeper, -reported to be worth £10,000, absconded on information of having bought -goods of the smugglers.[85] - -In 1779 it became necessary to pass another act against smuggling; -and, in a pamphlet making the new law known,[86] it is stated that the -practice of smuggling had made such rapid strides from the sea-coasts -into the very heart of the country, pervading every city, town, and -village, as to have brought universal distress on the fair dealer; -that the greater part of the 3,867,500 gallons distilled annually at -Schiedam, was to be smuggled into England; that a distillery had -lately been set up for making Geneva, for the same purpose, at Dunkirk; -that the French imported five or six millions of pounds of tea, the -greatest part of which was to be smuggled here;[87] that the trade -of Dunkirk (where, and at Flushing, the Sussex smugglers, so late as -thirty years since, had regular resident agents) was mostly carried on -by smugglers, in vessels not only large, but so well constructed for -sailing, that seldom one of them was captured; that in many places near -the sea, the farmer was unable to find hands to do his work, whilst -great numbers were employed in smuggling goods from one part of the -country to another; and that the smugglers paid for what they bought in -cash, or by the illicit exportation of English wool, no other articles -of any consequence being carried abroad by them. - -Although the illicit trade in the bulky article of wool came to an end -with the commencement of the war of 1793, yet the trade in tea, silks, -tobacco, and spirits continued; and, after the close of the war, was -largely carried on. By degrees, tea was not easily got, and the duty on -silks left little profit to the smuggler. Spirits increased in value, -by being some forty per cent. over proof, and tobacco still, however, -gave a profitable return, and lives were freely risked.[88] - -In such a society as the Sussex, it would be improper to enter into -any details which might involve the characters of persons still alive; -but I may glance briefly at some of the encounters which have taken -place within my own time. The trial for murder, and conviction at -Horsham, on March 28, 1821, of George England, a preventive man, for -shooting Joseph Swaine, a fisherman of Hastings, in a scuffle, is in -the recollection of many fishermen still alive there. On Feb. 11th, -in the next year, three hundred smugglers went to Crow Link, near -Eastbourne, to land a cargo, but were stopped by a signal from the -sentinel; four nights afterwards, they landed at Cliff Point, Seaford, -three hundred half-ankers, losing only sixty-three and a horse. On the -13th, they attacked the sentinel at Little Common with bats;[89] he, -however, shot a smuggler with his pistol; the boat made sail from the -land, and a coach-and-six, which was waiting at the back of the beach, -drove off empty to Pevensey. In September, 1824, a run was attempted -to Bexhill, when seven smugglers, with one hundred tubs of spirits, -were taken; and one of the blockade-men, named Welch, having jumped -into the boat, the smugglers pulled off with him, and his dead body was -found on the sands in the morning, with the head and face bruised and -lacerated. In May, 1856, a smuggling galley, chased by a guardboat, ran -ashore near the mouth of Rye Harbour, and opened fire on the guard. The -blockade-men from Camber watch-house came to the spot and seized one of -the smugglers, when a body of not less than two hundred armed smugglers -rushed from behind the sandhills, commenced a fire on the blockade, -killing one and wounding another, but were ultimately driven off with -the capture of their galley, carrying off, nevertheless, their wounded. -On another occasion, four or five smugglers were killed whilst swimming -the military canal at Pett-horse Race, having missed the spot where -it was fordable. On April 13, 1827, about twenty smugglers went down -to the eastward of Fairlight; a struggle ensued; the smugglers wrested -some muskets from the blockade-men, beat them with the butt-ends, and -ran one through with a bayonet; the smugglers at length retreated, -leaving one of their number dead; another was found afterwards, having -been apparently dropped by the smugglers; a third, some distance on the -way to Icklesham, the body scarcely cold; the rest of the wounded men -were carried off by their companions; and I have been informed that -one of the party alone carried one of his fellows on his back, from -the scene of the conflict at Fairlight to his residence at Udimore, a -distance of six miles at least. - -Another, and nearly the last of these bloodsheddings, took place on -Jan. 3, 1828, near Bexhill. A lugger landed between that village and -the little public-house at Bo-peep; a party of smugglers, armed with -bats, rushed to the beach, landed the cargo, and made off with it in -carts, on horses, and on men’s backs straight to Sidley Green; here -they were come up with by the blockade, reinforced to about forty men; -the armed portion of the smugglers drew themselves up in a regular -line, and a desperate fight took place. The smugglers fought with such -determination and courage that the blockade-men were repulsed, after -many had been severely bruised and the Quartermaster Collins killed. In -the first volley fired by the blockade, an old smuggler named Smithurst -was killed; his body was found the next morning, with his bat still -grasped in his hands, the weapon being almost hacked in pieces by the -cutlasses and bayonets of the blockade-men. Here again, as was their -invariable habit, the smugglers carried safely away all their wounded. - -At the spring assizes at Horsham, in 1828, Spencer Whiteman of -Udimore, Thomas Miller, Henry Miller, John Spray, Edward Shoesmith, -William Bennett, John Ford and Stephen Stubberfield, were indicted -for assembling armed on this night, for purposes of smuggling, and -were removed for trial to the Old Bailey, where, on April 10, they all -pleaded guilty; as did Whiteman, Thomas Miller, Spray, Bennett and -Ford, together with Thomas Maynard and Plumb, for a like offence on -Jan. 23, 1828, at Eastbourne. Sentence of death was passed on all, but -the punishment was commuted to transportation. They were, with three -exceptions, young men under thirty years of age. - -Other, but minor affrays took place on Jan. 3, 1831, two miles east -of Hastings, when two of the smugglers, William Cruttenden and Joseph -Harrold, were shot dead; on Feb. 22, 1832, at Worthing, between two -hundred and three hundred men there assembled, when one William -Cowardson was shot dead, and several more were carried away wounded; -and on January 23, 1833, at Eastbourne, when the smugglers, having -killed the chief boatman, George Pitt, formed two lines on each side -till the cargo was run, and then left--not, however, without having -several of their party wounded; but on no one of these occasions was -any of the gang discovered. The last occasion on which a life was -sacrificed was on April 1, 1838, when Thomas Monk, a poor fiddler -of Winchelsea, was shot by the coast-guard, in an affray at Camber -Castle.[90] - -The Abbey ruins, the dismantled Castles,[91] the “haunted” houses, -were all used without interruption by the smugglers, as depositories -for their goods. I have been present, in a house at Rye, when silks, -for sale, were mysteriously produced from their hidingplaces; and -it was the custom of the farmers, in that neighbourhood, to favour -the smugglers so far as to allow the gates in the fields to be left -unlocked at night; and to broach, without a scruple, the half-anker of -Schiedem, which was considerately left in some hayrick or out-house, in -acknowledgment of the farmer’s accommodating and kindred spirit. - - * * * * * - - _The following is taken from an interesting article, entitled, - “Extracts from the Journal of Walter Gale, schoolmaster at - Mayfield” (“Sussex Archæological Collections,” 1857, pp. - 194–5)._ - -“‘10th March.--Being disappointed of my Bourn journey, I set out for -Laughton after drinking a quartern of gin, and came to Whitesmith’s, -where was a hurley bolloo about Mr. Plummer’s (now a custom-house -officer) having seized a horse loaded with three anchors of brandy, -which was carried off by him and two soldiers, and afterwards stabled -at Parish’s; John Willard and Wm. Bran being there, followed and -overtook them, and prevailed with them to go back. Parish took the -seized horse and put it into Martin’s stable.’ - -“Two years only before this occurred, a special commission, at the head -of which that great judge, Sir Michael Forster, presided, had been sent -to Chichester to try seven smugglers for the murder of two custom-house -officers under circumstances of atrocity too horrible to be related. -They were convicted, and, with the exception of one who died the night -before the execution, they were all executed and hanged in chains in -different parts of Sussex. A company of foot guards and a troop of -horse attended to prevent all chances of rescue, so thoroughly were the -feelings of great numbers of the people enlisted on the side of the -smugglers. Seven more were tried and convicted at the following assizes -at East Grinstead for the barbarous murder of a poor fellow named -Hawkins (who was suspected of giving information against them, and who -was literally flogged to death), and for highway robbery. Six of them -were executed. Most of them belonged to the celebrated Hawkhurst gang, -who were the terror of the counties of Kent and Sussex. Three more were -tried at the Old Bailey for joining with sixty others in breaking open -the custom-house at Poole, and taking away a quantity of tobacco which -had been seized and deposited there. They were executed at Tyburn. The -place called Whitesmith’s was celebrated for its nest of smugglers -long after this time. It has been stated, by a person who took the -office of overseer of a neighbouring parish about forty years ago, that -one of the outstanding debts of the previous year was due to ---- of -Whitesmith, a well-known smuggler, for “two gallons of gin to be drunk -at the vestry”! - -“There were places of deposit for the smuggled goods, most ingeniously -contrived, in various parts of Sussex. Among others, it is said, was -the manorial pound at Falmer, under which there was a cavern dug, -which could hold 100 tubs of spirits; it was covered with planks, -carefully strewed over with mould, and this remained undiscovered for -years. - -“In the churchyard at Patcham there is an inscription on a monument, -now nearly illegible, to this effect:-- - - =Sacred to the Memory= - - OF DANIEL SCALES, WHO WAS UNFORTUNATELY SHOT ON - THURSDAY EVENING, NOV. 7TH, 1796. - - Alas! swift flew the fatal lead, - Which pierced through the young man’s head. - He instant fell, resigned his breath, - And closed his languid eyes in death. - All you who do this stone draw near, - Oh! pray let fall the pitying tear. - From this sad instance may we all - Prepare to meet Jehovah’s call. - -“The real story of his death is this. Daniel Scales was a desperate -smuggler, and one night he, with many more, was coming from Brighton, -heavily laden, when the excise officers and soldiers fell in with -them. The smugglers fled in all directions; a riding-officer, as they -were called, met this man, and called upon him to surrender his booty, -which he refused to do. The officer, to use the words of the editor’s -informant, a very respectable man and neighbour, who in early life was -much engaged in such transactions, knew that ‘he was too good a man for -him, for they had tried it out before; so he shot Daniel through the -head.’” - - -FOOTNOTES: - -[1] Jackson was so ill that he was obliged to be brought in a chair; -and likewise was permitted to have a chair, and sat during the time of -both his trials. - -[2] Chater, as well as Galley, was tied on the same horse, and in the -same manner with him, yet in the indictment it only mentioned the name -of Galley. - -[3] There were sixteen in the whole, with Race and Steel, the two -admitted evidence for the King. - -[4] In the former part of this account we called his name Dimer -otherwise Diamond, for he was as frequently called by the one as the -other, but as he was named by the counsel Dimer, we shall keep to that -name where he was so called. - -[5] Mr. Banks omitted here speaking of his calling first on Mr. Holton -in the village of Havant, but that will appear in its proper place. - -[6] The other five prisoners were not at Rowland’s Castle, so that Mr. -Austin could have no knowledge of them. - -[7] The name of the place is Goodthrop Dean, a little village. - -[8] The witness was not certain whether it was John Mills, or his -brother Richard Mills, that made the proposal. - -[9] This Stringer is Thomas Stringer, who stands indicted as a -principal in the murder of Daniel Chater, but is not yet taken. - -[10] Little Harry is Henry Sheerman, who was condemned at the last -assizes at East Grinstead for the county of Sussex, for the murder -of Galley; and stood also indicted for the murder of Chater, but was -tried only on the first indictment. He was executed at Rake, near where -Galley was buried, and there hung in chains. An account of him at his -trial, under condemnation, and at the place of execution, will be -inserted in the following pages. - -[11] This John Mills is the same person as went by the name of Smoker, -who was condemned at the last assizes at East Grinstead, for the county -of Sussex, for the cruel murder of Richard Hawkins, and is hung in -chains near the Dog and Partridge on Slindon Common; and whose trial -follows this account of the seven condemned at Chichester. - -[12] This is the John Mills, since executed and hung in chains on -Slindon Common, Sussex, for the murder of Richard Hawkins, and of whom -we shall give a particular account. - -[13] Notwithstanding James Reynolds was acquitted of the murder, yet -as it appeared very plain that he concealed the murder, by knowing -the same had been committed by the prisoner and the others who stand -indicted for the same; as being present at the consultation for -concealing the murder, and of burying the dead body, and advising -therein, and his wife also being present, they are both indicted for -the same, and are to be tried at the next assizes. - -[14] He was executed on a gibbet, erected on purpose, on Slindon -Common, near the Dog and Partridge, and afterwards hung in chains on -the same gibbet. - -[15] This Shoemaker Tom had been a notorious smuggler, but no murder -being charged against him, he was by the court admitted on evidence. - -[16] Willis and Stringer stand both indicted for the murder of Galley -and Chater. - -[17] Edmund Richards also stands indicted for being concerned in the -murder of Galley and Chater. - -[18] Henry III. had been advised to permit the export to Holland and -Brabant, at a duty of 5 marks to the sack; and it was calculated that -this duty, willingly paid, would yield 110,000 marks (£66,333 13s. -4d.), implying an export of 22,000 sacks, in six months. Blaauw’s -“Barons’ War,” Ap., p. 2. - -[19] “Rot. Hun.,” ii., pp. 203–209. - -[20] Rymer’s “Fœd.” (1821), ii., p. 944. - -[21] In 1340 the greatest store of wool was conveyed by stealth. John -Smith’s “Memoirs of Wool,” 2 vols., 8vo, 1747, vol. i., p. 80. - -[22] Rymer’s “Fœd.,” ii., p. 1158. - -[23] A sack was to contain twenty-six stones of fourteen lbs. each, or -364 lbs. - -[24] Prynne’s “Records,” 37 Edward III. - -[25] “Rot. Parl.,” iii., p. 497. - -[26] Act 2 Henry VI., c. 4. - -[27] Act 15 Henry VI., c. 8. - -[28] “Rot. Parl.,” v., p. 274. - -[29] Acts 5 and 6 Edward VI., c. 6. - -[30] MSS. State Paper, Lemon, pp. 4, 5. A weaver is among the -victuallers of Rye, 1626, Dom., 44. - -[31] Ibid., p. 37. - -[32] Ibid., p. 161. - -[33] By the Act 27 Henry VIII., c. 15, they had acquired the sole right -of buying wool in Sussex and twenty-seven other counties. - -[34] MSS. State Paper, Domestic, Lemon, p. 168. - -[35] Ibid., p. 199. - -[36] MSS. State Paper, Domestic, Lemon, p. 456. - -[37] Ibid., p. 550. - -[38] Ibid., p. 554. - -[39] It was prohibited, without license, by proclamation, July 20, 1622. - -[40] Fuller’s Earth was found at Nutley Common, in Sussex. - -[41] “The Golden Fleece,” by W. S. Gent, 1656, p. 67. - -[42] “England’s Interest Asserted,” 1669, p. 17. - -[43] “England’s Interest in Trade Asserted,” by W. C., 1671. - -[44] Joseph Trevers, in 1675, says (p. 40):--“It is well known that -smugglers are not of meanest persons in the places where they dwell, -but have oftentimes great interest with the magistrates; and, being -purse-proud, do not value what they spend to ingratiate themselves with -persons of authority, to distrust all such as discover their fraudulent -dealings, or else by bribes to stop their mouths.... The smugglers are -not only well acquainted with some attorneys and clerks, but they make -good interest with the under sheriffs in the counties where they drive -their trade; and these have strange tricks and delays in their returns, -in which some of them will take part with the offenders, instead of -executing the law against them.” - -[45] “Letter from a Younger Brother in Ireland to an Elder Brother in -England.” Published anonymously, 1677. - -[46] 7 and 8 William III., c. 28. - -[47] 9 and 10 William III., c. 40, secs. 2 and 3. - -[48] “An abstract of the proceedings of W. Carter: being a plea to some -objections urged against him,” 1694. - -[49] Wool smugglers were called “owlers.” - -[50] Treasury Papers: Customs. Rolls House. - -[51] Smith’s “Memoirs of Wool,” ii., p. 166. - -[52] London, 4to, p. 45. - -[53] 4 George I., c. 11. - -[54] “The Golden Fleece,” 1736. - -[55] 12 George II., c. 21. - -[56] In 1770 only thirty-two pounds of wool were seized; in 1780 there -were 12,383 lbs.; and in 1782 there were 13,916 lbs. seized. - -[57] See Lord Macaulay’s “History of England,” vol. iv., p. 650. - -[58] Egerton MS., 929, p. 38. - -[59] A custom as early, at least, as the time of Elizabeth. See “Sussex -Archæological Collections,” vol. v., pp. 195, 196. - -[60] Treasury Papers: Customs. Rolls House. - -[61] Egerton MS. 929, fol. 40. - -[62] _Ex. inf._ Miss Ann Durrant, æt. 89, 1858. - -[63] Notorious instances of riots and assaults in running tea and other -goods.--Customs: Rolls House. - -[64] Letter of Francis Briggs, July 26, 1733.--Customs: Rolls House. - -[65] Notorious instances, &c.--Ibid. - -[66] Treasury Papers.--Customs: Rolls House. - -[67] The Family names will be familiar to many in our own day as very -active, bold men. - -[68] Another well-known name. - -[69] “Gentleman’s Mag.,” vol. xiv., p. 334. - -[70] King’s “Pamphlets,” Brit. Mus., Lond., 1751, p. 13. - -[71] Dearn’s “Weald of Kent,” 8vo, Cranbrook, 1814, p. 100. - -[72] My great grandfather, Wm. Durrant, afterwards of Lamberhurst and -Boreham, M.D., was at that time resident with Mr. Hunt, a surgeon in -the town; and (like Mr. James, in his novel of “The Smuggler”) laid the -scene of the attack at Goudhurst Church. - -[73] “General” Sturt was for some time prior to his death master of the -poorhouse of Cranbrook. See also “Gent. Mag.” vol. iv., p. 679. - -[74] The tea was 41¾ cwt., packed in canvas and oilskin bags; and -thirty-nine casks of spirits, slung with ropes, in order to be loaded -on horses.--“History,” p. 132. - -[75] He had been arrested and sent to London by James Butler, Esq., -near Lewes, but escaped and rejoined his companions. It was proposed to -burn down Mr. Butler’s house; but that not meeting with general assent, -Fairall, Kingsmill, and others of the gang determined to waylay him, -near his own park, and shoot him; but, by accident, he did not return -home that night, and the matter becoming known, a watch was kept, and -the design laid aside.--“History,” p. 147. - -[76] Trial of Benjamin Tapner and others, at Chichester, January, 1749. - -[77] “A Full and Genuine History of the inhuman and unparalleled -Murders of Mr. William Galley, a Custom-house Officer, and Mr. Daniel -Chater, a shoemaker, by Fourteen Notorious Smugglers; with the Trials -and Execution of Seven of the Bloody Criminals, at Chichester.” Written -by a Gentleman of Chichester. Fifth Edition, 8vo. London: W. Clowes, 20 -Villiers Street, Strand. N.D. - -[78] Ibid., p. 32. The judges set out from London on Friday, Jan. -13th, and arrived at the Duke of Richmond’s house, at Godalming, that -evening. The next day they set out for Chichester, and were met by the -Duke at Midhurst; and he entertained them with a dinner at his “hunting -house,” near Charlton. They reached the Bishop’s Palace at Chichester, -at five that evening. The report that they were guarded there and back -by a party of horse is erroneous; the judges, counsellors and principal -officers were in six coaches, each drawn by six horses. - -[79] See p. 131 of the same work as referred to on previous page. - -[80] “Sussex Archæological Collections,” vol. iv., p. 185; vol. ix., p. -194. - -[81] Congreve, in his Epilogue to “The Mourning Bride,” alludes to this -habit of the Sussex men. See also “A Descriptive Narrative of the Wreck -of the Nympha Americana, near Beachy Head,” Nov. 29th, 1747, with the -tailpiece by Mr. J. H. Hurdis; Lewes: Lee and Co., 1840. - -[82] “History of Winchelsea,” p. 18. - -[83] The usual method was to go alongside, under the pretence of -trading; they frequently mastered the crew, clapped them under the -hatches, and then plundered, and afterwards scuttled the ship.--“Public -Advertiser,” 5 Nov. 16, 1768. - -[84] The man who had given information had arrested one of the gang, -upon which the others swore they would murder the informant, unless -their colleague was released.--“Public Advertiser.” - -[85] “Public Advertiser,” Nov. 10, 1768. - -[86] “Advice to the Unwary,” 1780. The well-known “Smugglers’ Act” was -passed in 1736: it was modified in 1779 and 1784; and a review of all -the statutes relating to the subject was made January 5, 1826. - -[87] When Pitt first lowered the tea-duty, it was averred that the -smuggler was so great a rival with the open trader, that the tea-trade -was then shared between them nearly equally. - -[88] For epitaph in Patcham Churchyard on Daniel Scales, a smuggler -shot on Nov. 7, 1796, see p. 262 of this work. - -[89] Thick ash-poles, about six feet long. - -[90] “Ex. inf.” E. N. Dawes, Esq., Deputy Coroner. - -[91] Addison’s play of “The Drummer” was founded on the scheme of a -French gardener, to conceal the doings of the smugglers at Hurstmonceux -Castle. - - -Transcriber’s Note: 1. Original spelling has been retained. - -2. Obvious printer errors have been corrected, except the spelling in -the handwritten captions to the illustrations. - -3. Hyphenated and non-hyphenated versions of the same words have been -retained as in the original. - -4. Superscripts are represented using the caret character, e.g. D^r. - -5. Italics are shown as _xxx_. - -*** END OF THE PROJECT GUTENBERG EBOOK SMUGGLING & SMUGGLERS IN -SUSSEX *** - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the -United States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. 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- margin-right: 10%; -} - - h1,h2,h3,h4 { - text-align: center; /* all headings centered */ - clear: both; - font-weight: normal; -} - -h2 {font-size: 120%; } - -h2.larger {font-size: 60%; } - -h2.sermon {line-height: 1em; } - -h3 {font-size: 80%; } - -h3.larger {font-size: 100%; } - -.subhed { display: block; margin-top: 1em; font-size: 80%; font-weight: normal; } - -p { - margin-top: .51em; - text-align: justify; - margin-bottom: .49em; - text-indent: 1.2em;} - -.p-left {text-indent: 0em; } - -.p0 {margin-top: 0em;} -.p1 {margin-top: 1em;} -.p2 {margin-top: 2em;} - - -hr { - width: 33%; - margin-top: 2em; - margin-bottom: 2em; - margin-left: 33.5%; - margin-right: 33.5%; - clear: both; -} - -hr.tb {width: 45%; margin-left: 27.5%; margin-right: 27.5%;} -hr.chap {width: 65%; margin-left: 17.5%; margin-right: 17.5%;} - -hr.r10 {width: 10%; margin-left: 45%; margin-right: 45%; - margin-top: .5em; margin-bottom: .5em;} - -div.chapter {page-break-before: always;} - -ul { list-style-type: none; } - -.hangingindent { - padding-left: 2em ; - text-indent: -2em ;} - -.pagenum { /* uncomment the next line for invisible page numbers */ - /* visibility: hidden; */ - position: absolute; - left: 92%; - font-size: smaller; - text-align: right; - font-style: normal; - font-weight: normal; - font-variant: normal; -} /* page numbers */ - -.blockquot { - margin-left: 5%; - margin-right: 10%; - font-size:90%; } - -.center {text-align: center;} - -.left1 {text-align: left; - text-indent: 1em; - margin-left: 3em;} - -.right {text-align: right;} - -.r1 {text-align: right; - margin-right: 1em;} - -.r2 {text-align: right; - margin-right: 2em;} - -.r4 {text-align: right; - margin-right: 4em;} - -.smcap {font-variant: small-caps;} - -.allsmcap {font-variant: small-caps; text-transform: lowercase;} - -.xs { font-size: x-small;} - -.sm { font-size: small;} - -.lg { font-size: large;} - -.xl { font-size: x-large;} - -.xxl { font-size: xx-large;} - -.smaller {font-size: 90%; } - -.normal {font-size: 50%; } - -.nobreak {white-space: nowrap;} - -table { -margin: auto; -width:auto; -border: 0; -border-spacing: 0; -border-collapse: collapse; } - -td { -padding: .05em .2em .2em 2.5em; -border: .1em none white; -text-align: left; -text-indent: -2em; } - - td.ctr { - text-align: center; - text-indent: 0em; - padding-left: 0.5em; - padding-right: 0em; - vertical-align: top; } - - td.right { - text-align: right; - text-indent: 0em; - padding-left: 0em; - vertical-align: top; } - -th.pag { -font-weight: normal; -font-size: x-small; -text-align: right; -padding-left: 6em; } - - - -/* Images */ - -img { - max-width: 100%; - height: auto; -} - -.figcenter { - margin: auto; - text-align: center; - page-break-inside: avoid; - max-width: 100%; } - - -/* Footnotes */ -.footnotes {border: 1px dashed;} - -.footnote {margin-left: 10%; margin-right: 10%; font-size: 0.9em;} - -.footnote .label {position: absolute; right: 84%; text-align: right;} - -.fnanchor { - vertical-align: super; - font-size: .8em; - text-decoration: - none; -} - -/* Poetry */ - -.poetry-container -{ -text-align: center; -font-size: 90%; -} - -.poetry -{ -display: inline-block; -text-align: left; -margin-left: 2.5em; -line-height: 100%; -} - -@media handheld -{ - .poetry - { - display: block; - margin-left: 1.5em; - } -} - -.poetry .stanza -{ -margin: 1em 0em 1em 1em; -} - -.poetry .ileft {margin-left: -.4em;} -.poetry .i1 {margin-left: 1em;} - - - -/* Transcriber's notes */ -.transnote {background-color: #E6E6FA; - color: black; - font-size:smaller; - padding:0.5em; - margin-bottom:5em; - font-family:sans-serif, serif; } - - </style> - </head> -<body> -<p style='text-align:center; font-size:1.2em; font-weight:bold'>The Project Gutenberg eBook of Smuggling & Smugglers in Sussex, by William Durrant Cooper</p> -<div style='display:block; margin:1em 0'> -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online -at <a href="https://www.gutenberg.org">www.gutenberg.org</a>. If you -are not located in the United States, you will have to check the laws of the -country where you are located before using this eBook. -</div> - -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Title: Smuggling & Smugglers in Sussex</p> -<p style='display:block; margin-left:2em; text-indent:0; margin-top:0; margin-bottom:1em;'>The Genuine History of the Inhuman and Unparalleled Murders of Mr. William Galley a Custom-house Officer, and Mr. Daniel Chater, a Shoemaker, by Fourteen Notorious Smugglers, with the Trials and Execution of Seven of the Criminals at Chichester, 1748-9</p> -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Author: William Durrant Cooper</p> -<p style='display:block; text-indent:0; margin:1em 0'>Release Date: February 23, 2022 [eBook #67468]</p> -<p style='display:block; text-indent:0; margin:1em 0'>Language: English</p> - <p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em; text-align:left'>Produced by: Brian Coe, Karin Spence and the Online Distributed Proofreading Team at https://www.pgdp.net (This book was created from images of public domain material made available by the University of Toronto Libraries.)</p> -<div style='margin-top:2em; margin-bottom:4em'>*** START OF THE PROJECT GUTENBERG EBOOK SMUGGLING & SMUGGLERS IN SUSSEX ***</div> - - <div class="figcenter" id="frontispiece" style="width: 750px;"> - <img - class="p2" - src="images/frontispiece.jpg" - alt="" /> - <p class="p0 center p-left">M<sup>r</sup>. Galley and M<sup>r</sup>. Chater put by y<sup>e</sup> Smugglers on one -Horse near Rowland Castle.</p> - <p class="p0 center p-left"><i>A. Steele who was Admitted at King’s Evidence.</i> <i>B. Little -Harry.</i> <i>C. Iackson.</i> <i>D. Carter.</i> <i>E. Donner.</i> <i>F. -Richards.</i> <i>1. M<sup>r</sup>. Galley.</i> <i>2. M<sup>r</sup>. Chater.</i></p> - </div> - -<div class="chapter"> - -<p class="center p-left xl">Smuggling & Smugglers in Sussex.</p></div> - -<hr class="r10" /> - -<h1><span class="lg">THE GENUINE HISTORY</span><br /> - -<span class="xs">OF THE INHUMAN AND</span><br /> - -<span class="xxl">UNPARALLELED MURDERS</span><br /> - -<span class="xs">OF</span><br /> - -<span class="lg"><span class="smcap">Mr</span>. WILLIAM GALLEY,</span><br /> - -<span class="xs">A CUSTOM-HOUSE OFFICER, AND</span><br /> - -<span class="lg"><span class="smcap">Mr</span>. DANIEL CHATER,</span><br /> - -<span class="xs">A SHOEMAKER,</span><br /> - -<span class="xl">BY FOURTEEN NOTORIOUS SMUGGLERS,</span><br /> - -<span class="xs">WITH THE</span><br /> - -<span class="normal">TRIALS AND EXECUTION OF</span><br /> - -<span class="normal">SEVEN OF THE CRIMINALS AT CHICHESTER,</span><br /> - -<span class="xs">1748–9.</span></h1> - -<p class="center p-left sm"><i>Illustrated with Seven Plates, Descriptive of the Barbarous Cruelties.</i></p> - -<p class="center p-left xs">ALSO THE</p> - -<div class="blockquot"> - -<p class="hangingindent">Trials of John Mills and Henry Sheerman; with an account of the -wicked lives of the said Henry Sheerman, Lawrence and Thomas -Kemp, Robert Fuller and Jockey Brown; and the Trials at large -of Thomas Kingsmill and other Smugglers for Breaking open the -Custom-house at Poole; with the Sermon preached in the Cathedral -Church of Chichester, at a Special Assize held there, by Bp. -Ashburnham; also an Article on “Smuggling in Sussex,” by William -Durrant Cooper, Esq., F.S.A. (Reprinted from Vol. X. of the -“Sussex Archæological Collections”), and other Papers.</p> -</div> - -<hr class="r10" /> - -<p class="center p-left sm">W. J. SMITH, 41–43 NORTH STREET, BRIGHTON.</p> - -<hr class="chap" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_3">[3]</span></p> -<h2>TO THE PUBLIC.</h2> -</div> - - -<p>This History was first published in 1749, soon after the execution of -Jackson, Carter, and other Smugglers, upon the Broyle, near Chichester. -The writer in his Preface, says: “I do assure the Public that I took -down the facts in writing from the mouths of the witnesses, that -I frequently conversed with the prisoners, both before and after -condemnation; by which I had an opportunity of procuring those letters -which are hereinafter inserted, and other intelligence of some secret -transactions among them, which were never communicated to any other -person.” Its authenticity thus shewn, he further says: “Of all the -monstrous wickedness with which the age abounds, nothing, I will be -bound to say, can parallel the scenes of villainy that are here laid -open. In all the Histories I have ever read, of all the barbarous -stories I have heard related, never did I meet with an instance where -cruelty was carried to such an excess as here. We have an instance of -two men suffering the most cruel torments that malice itself could -invent, without any provocation given, and for no other crime but a -duty to serve their king and country.”</p> - -<p>He also says: “When the facts were proved by undeniable evidence -in the face of the Court, what horror and detestation appeared in -the countenance of everyone<span class="pagenum" id="Page_4">[4]</span> present! Everyone shuddered when they -heard the aggravating circumstances of the murders related, and how -barbarously the villains handled their two wretched victims. The judges -themselves declared on the bench, that in all their reading they never -met with such a continued scene of barbarity, so deliberately carried -on and so cruelly executed. The Council, Jury, and all present, were -astonished and shocked, to hear proved beyond contradiction, facts of -so monstrous a nature as the sufferings were of Mr. Galley and Mr. -Chater.”</p> - -<p>“But how monstrous and unnatural soever the facts here related appear, -yet they are certainly true: everything is related just in the manner -it was acted, without the least aggravation to set it off. I have set -down nothing but what the witnesses themselves declared upon their -oaths, except in some few circumstances which Steele declared on his -first examination, but was not examined upon his trial. And therefore, -upon the whole, I affirm that the following account is genuine and -authentic.”</p> - -<p>A reverend writer says: “In order to deter mankind from the -perpetration of notorious crimes, nothing can be so effectual as -to represent, in the most striking colours, the punishments that -naturally attend them. The fear of shame as often preserves a person -from the commission of a crime, as the expectation of a reward for his -continuing in the paths of virtue.” Mr. Pope also says,</p> - - <div class="poetry-container"> - <div class="poetry"> - <div class="stanza"> - <div class="ileft">“Vice is a <i>Monster</i> of such frightful mien,</div> - <div>As, to be hated, needs but to be seen.”</div> - </div> - </div> - </div> - -<p><span class="pagenum" id="Page_5">[5]</span></p> - -<p>These authorities, it is hoped, will be a sufficient apology for -reprinting the said History; and as the chief motive thereto is that -of serving the community, the editor humbly hopes it will meet with -due encouragement, more especially as such republication may justly be -considered as one means (among many others) of checking that audacious -spirit which now daily gains ground, by reminding those violators of -the laws, that, like Jackson and the other miscreants mentioned in -this work, they will most assuredly receive that just punishment their -crimes merit, if they continue their unlawful and wicked practices. On -the other hand, did they seriously consider the dreadful consequences -which frequently follow, they would shudder to think of them; they -would at once see and confess their own unworthiness; they would -be thoroughly sensible, that to answer the purposes of their Great -Creator, they should use their utmost endeavours to get an honest -livelihood in the stations to which they may respectively be called; -they would then be useful members of the community; and by such conduct -would avoid those dreadful horrors and most bitter pangs which for ever -haunt guilty minds.</p> - -<hr class="tb" /> - -<p>The better to attain these most desirable and salutary ends, parents, -guardians, and others who have the tuition of youth (we mean here -the youth of the poor and the illiterate in general) should now and -then take occasion to read, or cause to be read, to their servants, -etc., divers passages of this true history; at the same time make such -remarks and draw such inferences from<span class="pagenum" id="Page_6">[6]</span> them, as their own natural good -sense and experience might point out; and more especially they should -put them in mind that God, by the mouth of His servant Moses, expressly -declares, “He who sheddeth man’s blood, by man shall his blood be shed.”</p> - -<p>“I have drawn it up in the way of a Narrative, as the best method of -giving a full view of the whole affair. When that is over, I proceed -to give an account of their Trials; after which I conclude with their -lives, confessions, behaviour, and last dying words at the place of -execution.</p> - -<p>“I cannot omit to mention here, that Mr. Banks made a speech, -exceedingly eloquent and judicious, which drew the attention of the -whole court; and which he concluded with that wise saying of the wisest -of men, ‘That the mercies of the wicked are cruelties’; the truth of -which will evidently appear in the following pages.”</p> -<hr class="chap" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_7">[7]</span></p> - -<h2>HISTORY OF THE SMUGGLERS.</h2></div> - - -<p>In September, 1747, one John Diamond, otherwise Dymar, agreed with a -number of smugglers to go over to the Island of Guernsey, to smuggle -tea, where, having purchased a considerable quantity, on their return -in a cutter, were taken by one Capt. Johnson, who carried the vessel -and tea to the port of Poole, and lodged the tea in the Custom-house -there.</p> - -<p>The smugglers being very much incensed at this fatal miscarriage of -their purchase, resolved not to sit down contented with the loss; but, -on a consultation held among them, they agreed to go and take away the -tea from the warehouse where it was lodged. Accordingly, a body of -them, to the number of sixty, well armed, assembled in Charlton Forest, -and from thence proceeded on their enterprise; to accomplish which, -they agreed, that only thirty of them should go upon the attack, and -that the remaining thirty should be placed as scouts upon the different -roads, to watch the motions of the officers and soldiers, and to be -ready to assist or alarm the main body, in case any opposition should -be made.</p> - -<p>In the night time, between the 6th and 7th of October, they went to -Poole, about thirty only present, broke open the Custom-house, and took -away all the said tea, except one bag about five pounds.</p> - -<p>The next morning they returned with their booty through Fordingbridge, -in Hampshire, where some hundreds of people were assembled to view the -cavalcade. Among the spectators was Daniel Chater, a<span class="pagenum" id="Page_8">[8]</span> shoemaker (one of -the unhappy persons murdered) known to Diamond, one of the gang then -passing, as having formerly worked together in harvest time. Diamond -shook hands with him as he passed along, and threw him a bag of tea.</p> - -<p>His Majesty’s proclamation coming out with a promise of a reward -for apprehending those persons who were concerned in breaking open -the Custom-house at Poole, and Diamond being taken into custody at -Chichester, on a suspicion of being one of them, and Chater saying -in conversation with his neighbours, that he knew Diamond, and saw -him go by with the gang, the day after the Custom-house at Poole was -broken open, it came to the knowledge of Mr. Shearer, collector of the -Customs at the port of Southampton, when, after some things had passed -by letter, between him and Chater, he was ordered to send Mr. William -Galley (the other unfortunate person murdered) with Chater, with a -letter to Major Battin, a Justice of Peace for the county of Sussex, -the purport of which was, to desire the justice to take an examination -of Chater, in relation to what he knew of that affair; and whether he -could prove the identity of Diamond’s person.</p> - -<p>On Sunday, the 14th of February, they set out, and going for -Chichester, they called at Mr. Holton’s, at Havant, who was an -acquaintance of Chater’s; Holton asked Chater where they were going, -and Chater told him they were going to Chichester, to carry a letter to -Major Battin; when Mr. Holton told him the Major was at East Murden, -near Chichester, and directed him and Galley to go by Stanstead, near -Rowland’s Castle. Galley and Chater, pursuing their journey, and going -through Leigh, in the parish of Havant, in their way to Rowland’s -Castle, they called at the New Inn, and<span class="pagenum" id="Page_9">[9]</span> asking the nearest way, they -saw Mr. George Austin, and Mr. Thomas Austin, two brothers, and their -brother-in-law, Mr. Jenkes; when the elder brother, G. Austin, said -they were going the same way, and would shew them; and they all set out -together (Galley, Chater, and the rest being all on horseback); and -about 12 at noon came to the White Hart at Rowland’s Castle, a house -kept by one Elizabeth Payne, widow, who had two sons, both men grown, -and blacksmiths, and reputed smugglers, in the same village. After -calling for some rum, Mrs. Payne took Mr. George Austin aside, and told -him she was afraid these two strangers were come with intent to do some -injury to the smugglers. He replied he believed she need be under no -such apprehension on that account, for they were only carrying a letter -to Major Battin; and as he did not know the purport of it, he imagined -it was only about some common business. The circumstance, however, of -their having a letter for the Major, increased her suspicion; upon -which she sent one of her sons who was then in the house, for William -Jackson and William Carter, two of the murderers (as will appear -hereafter), who lived within a small distance of her house. While her -son was gone, Chater and Galley wanted to be going, and asked for their -horses; but Mrs. Payne told them, that the man was gone out with the -key of the stables, and would be at home presently, which words she -said in order to keep them till Jackson and Carter came, who lived -very near. As soon as Jackson came, who was there first, he ordered -a pot of hot to be made, and while that was getting ready Carter -came in; Mrs. Payne immediately took them aside, and told them her -suspicions concerning Chater and Galley, and likewise the circumstance -of a letter which they were carrying to<span class="pagenum" id="Page_10">[10]</span> Major Battin; and soon after -advised George Austin to go away about his business, telling him, as -she respected him, he had better go and not stay, lest he should come -to some harm; upon which he went away, and left his brother Thomas and -brother-in-law Mr. Jenkes there.</p> - -<p>During this time, Mrs. Payne’s other son came in, and finding there -were grounds to suspect that the two strangers were going to make -information against the smugglers, he went out and fetched in William -Steel (who was one of the King’s witnesses upon trial), and Samuel -Downer, otherwise Samuel Howard, otherwise Little Sam, Edmund Richards, -Henry Sheerman, otherwise Little Harry, all smugglers, and all -belonging to the same gang, and were indicted for the murder of Mr. -Galley, but not then taken.</p> - -<p>After they had drank a little while, Jackson took Chater into the -yard, and asked him how he did, and where Diamond was; Chater said he -believed he was in custody, but how he did he did not know; but that -he was going to appear against him, which he was sorry for, but he -could not help it. Galley soon after came into the yard to them, to get -Chater in again, suspecting that Jackson was persuading Chater not to -persist in giving information against the smugglers, and upon Galley’s -desiring Chater to come in, Jackson said, “G—d d—n your b—d, -what is that to you?” strikes him a blow in the face and knocks him -down, and set his nose and mouth a-bleeding; after which they all came -into the house, Jackson abusing Galley; when Galley said he was the -King’s officer, and could not put up with such usage; then Jackson -replied, “You a King’s officer! I’ll make a King’s officer of you; and -for a quartern of gin I’ll serve you so again;” and some time after -offering to strike him again, one of the<span class="pagenum" id="Page_11">[11]</span> Paynes interposed, and said, -“Don’t be such a fool, do you know what you are doing?”</p> - -<p>Galley and Chater began to be very uneasy, and wanted to be going; upon -which Jackson, Carter, and the rest of them persuaded them to stay -and drink more rum, and make it up, for they were sorry for what had -happened; when they all sat down together, Mr. Austin and Mr. Jenkes -being present. After they had sat a little while, Jackson and Carter -wanted to see the letter which Galley and Chater were carrying to -Major Battin; but they refused to show it; upon which they both made a -resolution they would see it. They then drank about pretty plentifully, -and made Galley, Chater, and Thomas Austin fuddled; when they persuaded -Galley and Chater to go into another room where there was a bed, and -lie down; which they did, and fell asleep; and then the letter was -taken out of one of their pockets, and brought into the kitchen, where -Carter or Kelly read it; and the contents of it being plainly a design -to promote an information against some of their gang, they immediately -entered into consultation what course to take on this occasion. Some -proposed one thing, some another; but all agreed in this, that the -letter should be first destroyed, and then they would consider what -to do with the men, in order to prevent their giving the intended -information.</p> - -<p>Before this, one John Race (who was also one of the King’s witnesses) -and Richard Kelly came in, when Jackson and Carter told them that they -had got the old rogue the shoemaker of Fordingbridge, who was going to -give an information against John Diamond, the shepherd, who was then in -custody at Chichester. Then they all consulted what was best to be done -with him and Galley, when William Steel proposed to take<span class="pagenum" id="Page_12">[12]</span> them both to -a well, a little way from the house, and to murder them and throw them -in.</p> - -<p>At this consultation were present only these seven smugglers; namely, -William Jackson, William Carter, William Steel, John Race, Samuel -Downer, Edmund Richards, and Henry Sheerman, and this proposal was -disagreed to, as they had been seen in their company by the Austins, -Mr. Jenkes, Mr. Garrat, Mr. Poate, and others who came into Payne’s -house to drink. This being disagreed to, another proposal was made, -which was, to take them away, and send them over to France; but that -was objected against, as there was a possibility of their coming over -again, and then they should be all known. At these consultations -Jackson and Carter’s wives were both present, and who both cried -out “Hang the dogs, for they came here to hang us.” Then another -proposition was made, which was that they should take them and carry -them to some place where they should be confined, till it was known -what would be the fate of Diamond, and in the mean time each of them to -allow threepence a week to subsist Galley and Chater; and that whatever -Diamond’s fate was, they determined that theirs should be the same.</p> - -<p>Galley and Chater continued all this while asleep upon the bed; then -Jackson went in and began the first scene of their cruelty; for having -first put on his spurs, he got upon the bed and spurred their foreheads -to awake them, and afterwards whipped them with a horsewhip, so that -when they came out into the kitchen, Chater was as bloody as Galley. -This done, all the abovesaid smugglers being present, they took them -out of the house, when Richards with a pistol cocked in his hand, swore -he would shoot any person through the <span class="pagenum" id="Page_13">[13]</span>head that should mention -anything of what was done, or what they had heard.</p> - - <div class="figcenter" id="i_b_013fp" style="width: 750px;"> - <img - class="p2" - src="images/i_b_013fp.jpg" - alt="" /> - <p class="p0 center p-left">Galley & Chater <i>falling off their Horse at</i> -Woodash, <i>draggs thier Heads on the Ground, while the Horse kicks -them as he goes; the Smugglers still continuing thier brutish -Usage</i>.</p> - </div> - -<p class="p2">When they were all come out of the house, Jackson returned with a -pistol in his hand, and asked for a belt, a strap, or string: but none -of the people in the house presumed to give him either; upon which he -returned to the rest of the gang, who were lifting Galley on a horse, -whose legs they tied under the horse’s belly; then they lifted Chater -on the same horse, and tied his legs under the horse’s belly, and then -tied their four legs together.</p> - -<p>All this time John Race was with them; but when they began to set -forward, Race said, “I cannot go with you for I have never a horse,” -and so stayed behind.</p> - -<p>They had not gone above a hundred yards, before Jackson called out -“Whip them, cut them, slash them, damn them”; and then all fell upon -them except the person who was leading the horse, which was Steel; for -the roads were so bad that they were forced to go very slow.</p> - -<p>They whipped them till they came to Wood’s Ashes, some with long whips -and some with short, lashing and cutting them over the head, face, -eyes and shoulders, till the poor men, unable any longer to bear the -anguish of their repeated blows, rolled from side to side, and at -last fell together with their heads under the horse’s belly; in which -posture every step the horse made, he struck one or the other of their -heads with his feet. This happened at Wood’s Ashes, which was more -than half a mile from the place where they began their whipping, and -had continued it all the way thither. When their cruel tormentors saw -the dismal effects of their barbarity, and that the poor creatures had -fallen<span class="pagenum" id="Page_14">[14]</span> under it, they sat them upright again in the same position as -they were before, and continued whipping them in the most cruel manner -over the head, face, shoulders, and everywhere, till they came beyond -Goodthorpe Dean, upwards of half a mile farther, the horse still going -a very slow pace; where they both fell again as before, with their -heads under the horse’s belly, and their heels up in the air.</p> - -<p>Now they found them so weak that they could not sit upon the horse at -all, upon which they separated them, and put Galley behind Steel, and -Chater behind Little Sam, and then whipped Galley so severely, that the -lashes coming upon Steel, he desired them to desist, crying out himself -that he could not bear it, upon which they desisted accordingly. All -the time they so continued to whip them, Jackson rode with a pistol -cocked, and swore as they went along through Dean, if they made any -noise he would blow their brains out. They then agreed to go up with -them to Harris’s Well near Lady Holt Park, where they swore they would -murder Galley; accordingly they took him off the horse and threatened -to throw him into the well. Upon which the poor unhappy man desired -them to dispatch him at once, or even throw him down the well, to put -an end to his misery. “No, G—d d—n your blood,” says Jackson, “if -that’s the case, we must have something more to say to you”; and then -put him on a horse again, and whipped him over the Downs till he was so -weak that he fell.</p> - -<p>Was ever cruelty like this! To deny a miserable wretch, who was half -dead with their blows and bruises, the wretched favour of a quick -dispatch out of his tortures! Could the devil himself have furnished a -more execrable invention to punish the wretched victims of<span class="pagenum" id="Page_15">[15]</span> his malice, -than to grant them life only to prolong their torments!</p> - -<p>Poor Galley not being able to sit on horseback any longer, Carter and -Jackson took him up and laid him across the saddle, with his breast -over the pommel, as a butcher does a calf, and Richards got up behind -him to hold him, and after carrying him in this manner above a mile, -Richards was tired of holding him, so let him down by the side of the -horse; and then Carter and Jackson put him upon the grey horse that -Steel had before rode upon; they set him up with his legs across the -saddle, and his body over the horse’s mane; and in this posture Jackson -held him on for half a mile, most of the way the poor man cried out -“Barbarous usage! barbarous usage! for God’s sake shoot me through the -head”; Jackson all the time squeezing his private parts.</p> - -<p>After going on in this manner upwards of a mile, Little Harry tied -Galley with a cord, and got up behind him, to hold him from falling -off; and when they had gone a little way in that manner, the poor man, -Galley, cried out “I fall, I fall, I fall”; and Little Harry, giving -him a shove as he was falling, said, “Fall and be d——d”; upon -which he fell down, and Steel said that they all thought he had broke -his neck, and was dead; but it must be presumed he was buried alive, -because when he was found, his hands covered his face, as if to keep -the dirt out of his eyes.</p> - -<p>Poor unhappy Galley! who can read the melancholy story of thy tragical -catastrophe without shedding tears at the sorrowful relation? What -variety of pains did thy body feel in every member of it, especially -by thy privy parts being so used? What extremity of anguish didst thou -groan under, so long as the small remains of<span class="pagenum" id="Page_16">[16]</span> life permitted thee to be -sensible of it! And after all, to be buried while life was yet in thee, -and to struggle with death even in thy wretched grave, what imagination -can form to itself a scene of greater horror, or more detestable -villainy? Sure thy murderers must be devils incarnate! for none but -the fiends of Hell could take pleasure in the torments of two unhappy -men, who had given them no offence, unless their endeavouring to serve -their king and country may be deemed such. This indeed was the plea of -these vile miscreants; but a very bad plea it was to support as bad a -cause. But such is the depravity of human nature, that when a man once -abandons himself to all manner of wickedness, he sets no bounds to his -passions, his conscience is seared, every tender sentiment is lost, -reason is no more, and he has nothing left him of the man but the form.</p> - -<p>We forgot to mention in its proper place that in order to make their -whipping the more severely felt, they pulled off Galley’s great coat, -which was found in the road next morning all bloody.</p> - -<p>They, supposing Galley was dead, laid him across a horse, two of the -smugglers, one on each side, holding him to prevent his falling, while -the third led the horse, and as they were going up a dirty lane, -Jackson said, “Stop at the swing gate beyond the water till we return, -and we will go and seek for a place to carry them both to;” when he -and Carter went to the house of one Pescod, who had been a reputed -smuggler, and knocked at the door. The daughter came down, when they -said they had got two men whom they wanted to bring to the house. The -girl told them her father was ill, and had been so for some time, and -that there was no conveniency for them, nor any body to look after<span class="pagenum" id="Page_17">[17]</span> -them; and they insisting that she should go up and ask him, she did, -and brought down word that her father would suffer nobody to be brought -there, be they who they would; upon which they returned to the rest.</p> - -<p>Though this Pescod was (as I have observed) a reputed smuggler, and -therefore these fellows supposed he would give them harbour upon this -occasion, yet it does not appear that he had gone such lengths as -the rest of them had done; for if he had, he would not have refused -admitting them at any hour of the night, notwithstanding his illness; -but he imagining they were upon some villainous expedition, resolved -to have no hand in it, or have his name brought in question on that -account. But to proceed.</p> - -<p>By this time it was between one and two in the morning, when they -agreed to go to one Scardefield’s at the Red Lion at Rake, which was -not far from them. When they came there, they knocked at the door, but -the family being all in bed, Scardefield looked out of the window, and -asked who was there. Carter and Jackson told him who they were, and -desired him to get up, for they wanted something to drink, and there -were more company coming; Scardefield refused several times, but they -pressing him very hard, he put on his clothes and came down, and let -them in after many times refusing.</p> - -<p>As soon as he was down, and had let Steel, Jackson, Carter and Richards -in, he made a fire in the parlour, and then went to draw some liquor, -while he was doing which he heard more company come in; and he going -into the brewhouse saw something lie upon the ground like a dead man. -They then sent him to fetch them some rum and some gin, and while he -was gone for the same, they had got poor Chater into the parlour, and -on his bringing the liquor, they refused to let him in;<span class="pagenum" id="Page_18">[18]</span> but he saw a -man, he says, stand up very bloody, whom he supposed to be Chater. They -told him, Scardefield, that they had an engagement with some officers, -and had lost their tea, and were afraid that several of their people -were killed; which they probably said, as well to conceal their murder -of Galley, as to account for Chater’s being bloody.</p> - -<p>All this time poor Mr. Chater was in expectation every moment of being -killed, and indeed, when I am speaking of it, my heart bleeds for his -sufferings; but they sent him now out of the way, for Jackson and -Little Harry carried him down to Old Mills’s, which was not far off, -and then returned again to the company.</p> - -<p>After they had drank pretty plentifully, they all went out, taking -Galley, or his corpse, if he was quite dead, with them; when Carter -and Richards returned to Scardefield’s, and asked him if he could find -the place out where they had some time before lodged some goods; and -he said he believed he could, but could not go then. But Richards and -Carter insisted he should; and then Carter took a candle and lantern, -and borrowed a spade, and they went together, and had not gone far -when they came to the rest, who were waiting; and then Scardefield saw -something lie across a horse, which he thought looked like the dead -body of a man; and then Little Sam having a spade, began to dig a hole, -and it being a very cold morning, he helped, but did not know what it -was for; and in this hole they buried poor Mr. Galley.</p> - -<p>They then returned to Scardefield’s, and sat carousing the best part of -Monday, having, as Jackson told them, secured Chater.</p> - - <div class="figcenter" id="i_b_018fpa"> - <img - class="p2" - src="images/i_b_018fpa.jpg" - alt="" /> - <p class="p0 center p-left"><i>William Galley, brought cross a Horse to a Sand Pit -where a deep Hole is Dug to Bury him in.</i></p> - </div> - - <div class="figcenter" id="i_b_018fpb"> - <img - class="p2" - src="images/i_b_018fpb.jpg" - alt="" /> - <p class="p0 center p-left"><i>The unfortunate William Galley put by the Smugglers -into the Ground &c. as is generally believed before he was quite -<span class="smcap">Dead</span>.</i></p> - </div> - -<p class="p2">This Scardefield was formerly thought to have <span class="pagenum" id="Page_19">[19]</span>been concerned with -the smugglers; and as he kept a public-house, they thought they might -take any liberties with him. And it seems evident, by what they did -after they had gained admission, that they only wanted a convenient -place to consult at leisure what course to pursue on this occasion. -They had two prisoners, one of whom they supposed they had already -murdered, whose body they must dispose of in some manner or other. The -other, though yet living, they resolved should undergo the same fate, -but by what means it does not appear they had yet agreed. The better -to blind Scardefield, whom they did not care to let into the secret of -their bloody scheme, and likewise to give some colourable pretence for -what his own eyes had been witness to (a dead corpse in his brewhouse, -and a man all over blood standing in his parlour), they tell him a -plausible story of an engagement they had with the king’s officers. -Now whether Scardefield gave entire credit to what they told him, or -whether he really suspected what they were upon, did not appear from -the evidence. This, however, is certain, that he went with them to the -place, and assisted them in burying the body of Galley; and therefore -one would imagine he could not be entirely ignorant of what they were -doing. But as he was one of the witnesses by which this iniquity was -brought to light, and as he was likewise a person of fair character, -we shall forbear saying any thing that may seem to throw a slur on his -reputation.</p> - -<p>But now we must return to the melancholy story of the unfortunate man, -unhappy in the hands of the most cruel wretches surely ever breathing.</p> - -<p>While they were sitting at Scardefield’s, consulting together what -they were to do next, Richard Mills<span class="pagenum" id="Page_20">[20]</span> came by; this Richard was the son -of old Richard Mills, to whose house they had conveyed Chater for his -better security, till they had resolved what to do with him. When they -saw young Mills they called him in, and related to him in what manner -they had treated Chater, who was going to make information against -their friend Diamond, the shepherd, and that in their way they came -by a precipice thirty feet deep. To this Mills made answer, that if -he had been there he would have called a council of war, and thrown -him down headlong. So it seems as if cruelty was the ruling principle -among the whole body of smugglers, and that nothing less than death -or destruction of all those they deemed their adversaries—that is, -all such as endeavoured to prevent or interrupt them in the pernicious -trade of smuggling—would content them.</p> - -<p>They continued drinking at Scardefield’s all that day, which was -Monday, Chater being chained all the while by the leg, with an iron -chain about three yards long, in a place belonging to old Mills, called -a skilling, which is what they lay turf up in, and looked after by -little Harry and old Mills; and in the dead of that night they agreed -to go home separately, and to rally up some more of their gang, and to -meet at Scardefield’s on Wednesday.</p> - -<p>Their design in this was, that they might appear at their own homes on -Tuesday morning early, so that their neighbours might have no suspicion -of what they had been about, or of what they had in hand still to do, -and likewise to consult with the rest of the gang what was best to be -done.</p> - -<p>They all met at Scardefield’s on Wednesday evening according to -appointment; that is, William Jackson, William Carter, William Steel -(one of the king’s witnesses),<span class="pagenum" id="Page_21">[21]</span> Edmund Richards, of Long Coppice, in -the parish of Walderton, in the County of Sussex, and Samuel Howard, -otherwise Little Sam, of Rowland’s Castle, in the county of Hants, who -were five of the six concerned in the murder of Galley, as has been -before related. Also John Cobby, William Hammond, Benjamin Tapner, -Thomas Stringer, of the city of Chichester, cordwainer, Daniel Perryer, -otherwise Little Daniel, of Norton, and John Mills, of Trotton, both in -the county of Sussex, and Thomas Willis, commonly called the Coachman, -of Selbourne, near Liphook, in the county of Hants, Richard Mills, -jun., and John Race (another King’s witness), being fourteen in number; -Richard Mills, sen., and Henry Sheerman, alias Little Harry, stayed at -home to take care of Chater, in whose custody they had left him. They -dropped in one after another, as if by accident, so that it was late -in the night before they were all got together. Being all of them at -last come in, they entered upon the business for which they were then -met, namely, to consult coolly and sedately what was to be done with -Chater, that is, how to dispatch him in such a manner as would be least -liable to discovery; for that he must be destroyed, had been already -unanimously determined, as the only method they could think of to -prevent his telling tales about Galley. Thus, when a course of villainy -is once begun, it is impossible to say where it will end; one crime -brings on another, and that treads on the heels of a third, till at -length both the innocent and the guilty are swept away into the gulf of -destruction.</p> - -<hr class="tb" /> - -<p>I cannot pass in silence, without making mention of the readiness old -Mills shewed when they brought poor Chater first down to his house; for -he fetched them<span class="pagenum" id="Page_22">[22]</span> victuals and drink, and they all eat and drank, except -Chater, who could not eat, but vomited very much.</p> - -<p>After they had debated the matter some time among them, Richard Mills, -jun., proposed this method: “As Chater is already chained to a post, -let us,” said he, “load a gun with two or three bullets, lay it upon a -stand, with the muzzle of the piece levelled at his head, and, after -having tied a long string to the trigger, we will all go to the butt -end, and, each of us taking hold of the string, pull it together; thus -we shall be all equally guilty of his death, and it will be impossible -for any one of us to charge the rest with his murder, without accusing -himself of the same crime; and none can pretend to lessen or mitigate -their guilt by saying they were only accessories, since all will be -principals.” But some, more infernally barbarous than the rest (but -who, the witness Steel could not recollect), objected to this proposal -as too expeditious a method of dispatching him, and that it would put -him out of his misery too soon; for they were resolved that he should -suffer as much and as long as they could make his life last, as a -terror to all such informing rogues (as they termed it) for the future.</p> - -<p>This proposal being rejected, another was offered and agreed to, and -that was—to go to old Major Mills, and fetch him away from thence, -and carry him up to Harris’s Well, near Lady Holt Park, and throw -him in there, as they intended to have done with Galley, as the most -effectual method to secrete the murder from the knowledge of the world; -forgetting that the eye of Providence was constantly upon them, watched -all their motions, and would certainly, one day or other, bring to -light their deeds of darkness; and that Divine Justice never forgets -the cries of the oppressed, but will, in due<span class="pagenum" id="Page_23">[23]</span> time, retaliate the -cruelties exercised on the innocent, on the heads of their inexorable -tormentors.</p> - -<p>All this while the unhappy Chater remained in the most deplorable -situation that ever miserable wretch was confined to; his mind full -of horror, and his body all over pain and anguish with the blows and -scourges they had given him, and every moment in expectation of worse -treatment than he had yet met with, without any sustenance to support -his wretched life, than now and then a little bread and water, and -once some pease porridge. Besides all this, he was continually visited -by one or other of them, not to comfort or relieve him with words of -kindness, or promises of better usage; not to refresh him with cordials -or agreeable nourishment, but to renew their cruel exercise of beating -and abusing him, and to swear and upbraid him in the vilest terms and -the most scurrilous language that their tongues could utter.</p> - -<p>Having at length concluded what to do with their poor unhappy prisoner, -they all went down to Old Mills’s, where they immediately opened a -fresh scene of barbarity. For as soon as they came in, Tapner, Cobby, -and some others of them, went directly into the turf-house, where they -found Chater in the most piteous condition, enough to melt a heart not -made of stone into compassion; but was so far from moving the pity of -these merciless bloodhounds, that it only served them as a fresh motive -to renew their cruelties, and aggravate his afflictions. Tapner, in -particular, immediately pulled out a large clasp knife, and expressed -himself in this horrible manner: “G—d d—n your b—d, down on your -knees and go to prayers, for with this knife I will be your butcher.” -The poor man being terrified at this dreadful menace, and expecting -that<span class="pagenum" id="Page_24">[24]</span> every moment would be his last, knelt down upon a turf, as he -was ordered, and lifted up his heart and hands to Heaven, in the best -manner that his pains and anguish would suffer him; and while he was -thus piously offering up his prayers to God, Cobby got behind him, and -kicked him, and with the most bitter taunts, upbraided him for being an -informing villain. Chater suffered all his torments with great patience -and resignation; and though there was scarce a limb or a joint of him -free from the most excruciating pains, yet in the midst of all he did -not forget his friend Galley, and believing that he was either dead or -very near it, he begged they would tell him what they had done with -him. Tapner replied, “D—n you, we have killed him, and we will do so -by you”; and then, without more ado, or any other provocation, drew his -knife aslant over his eyes and nose, with such violence, that he almost -cut both his eyes out, and the gristle of his nose quite through. Poor -Chater was absolutely at his mercy, for it was not in his power to make -any resistance; his great and only comfort was that he suffered in a -righteous cause, and supported with this consideration, he resigned -himself to the will of heaven, which he was persuaded took cognizance -of his sufferings, and would reward his tormentors according to their -demerits.</p> - -<p>Tapner, however, not satisfied with this wanton act of cruelty, in -another fit of frenzy, aimed another stroke at his face, designing -to cut him again in the same wound; but happening to strike a little -higher, made a terrible gash across his forehead, from which the blood -flowed in abundance. What a lamentable figure must the poor creature -make! His face deeply furrowed with the most ghastly wounds, his eyes -cut almost out of his head, and the blood running down in torrents -<span class="pagenum" id="Page_25">[25]</span>upon the rest of his body. What a spectacle was here! yet not -miserable enough to move the compassion of these bloodthirsty tigers! -Old Mills, however, not from any pity, or that his heart relented at -the terrible condition of this deplorable object, but apprehending bad -consequences to himself, in case he should die under their hands, and -under his roof, said to them, “Take him away, and do not murder him -here, but murder him somewhere else.”</p> - - <div class="figcenter" id="i_b_024fp" style="width: 474px;"> - <img - class="p2" - src="images/i_b_024fp.jpg" - alt="" /> - <p class="p0 center p-left"><i>Chater, Chained in y<sup>e</sup> Turff House at Old Mills’s. -Cobby, kicking him & Tapner, cutting him Cross y<sup>e</sup> Eyes & Nose, while -he is saying the Lords Prayer. Several of y<sup>e</sup> other Smugglers standing -by.</i></p> - </div> - -<p class="p2">It is surprising that this poor miserable man, who was far advanced -in years, had strength and vigour enough to sustain such a variety of -torments, which were inflicted upon him, almost without intermission, -for several days successively; yet even after this last act of -barbarity, he had more severe trials to come before he was suffered -to part with his wearisome life. And as the last scene of this woful -tragedy appears more astonishing and more monstrous than anything -they had hitherto transacted, we shall give a very particular and -circumstantial account of everything that was done on this sad -occasion. Being all agreed in the measures they were about to take, -they mounted Chater on a horse, and set out together for Harris’s -Well. Mills, however, and his two sons, stayed behind, desiring to -be excused, because their horses were not in the way; or they would -readily have borne them company on the occasion if they could, for they -were as hearty in the same cause as the best of them. Besides, there -was no great necessity for their assistance, since there were enough -of them, as the Mills’s said, to kill one man; and as Harris’s Well -lay just in their way homewards, the execution would be little or no -hindrance to them in their journey.</p> - -<p>Everything being now settled, they proceeded<span class="pagenum" id="Page_26">[26]</span> towards the well. Tapner, -however, more cruel, if possible than the rest, fell to whipping poor -Chater again over his face and eyes, and made his wounds, which he had -before given him with his murdering knife, bleed afresh; and, what was -still more amazing, swore, “That if he blooded his saddle” (for it -seems Chater was set upon his horse) “he would destroy him that moment -and send his soul to Hell:” which is such an unparalleled instance of -barbarity, that one would think it impossible that there should be a -creature living, that pretends to reason, and would be ranked among -men, could be guilty of. What! to threaten to murder a man for a thing -which was not in his power to avoid, and which the villain himself was -the sole occasion of! Horrible, shocking wickedness! but let us proceed -in our melancholy story.</p> - -<p>At last poor Chater, in this disfigured lamentable condition, is -brought to the well. By the time they got there, it was the very dead -of night, and so near the middle of it, that it was uncertain whether -it was Wednesday night or Thursday morning. The well was between -twenty and thirty feet deep, without water, and paled round at a small -distance to keep the cattle from falling in. Being come up to the -pales, they dismounted Chater, and Tapner, taking a cord out of his -pocket which he had brought for that purpose, made a noose in it and -then fastened it round his neck. This being done, they bade him get -over the pales to the well. The poor man observing a small opening, -where a pale or two had been broken away, made an attempt to go -through; but that was a favour too great to be allowed to so heinous an -offender, as it seems poor Chater was in their opinion; and therefore -one of them swore he should get over in the condition he was and -<span class="pagenum" id="Page_27">[27]</span>with the rope about his neck, all over blood, his wounds gaping and -himself extremely weak and ready to faint through loss of blood; yet in -this miserable plight these cruel executioners obliged him to get over -the pales as well as he could.</p> - - <div class="figcenter" id="i_b_027fpa" style="width: 750px;"> - <img - class="p2" - src="images/i_b_027fpa.jpg" - alt="" /> - <p class="p0 center p-left"><i>Chater hanging at the Well in <span class="smcap">Lady Holt</span> Park -the Bloody Villains Standing by.</i></p> - </div> - - <div class="figcenter" id="i_b_027fpb" style="width: 750px;"> - <img - class="p2" - src="images/i_b_027fpb.jpg" - alt="" /> - <p class="p0 center p-left"><i>The Bloody Smugglers flinging down Stones after they -had flung his Dead Body into the Well.</i></p> - </div> - -<p class="p2">With a great deal of difficulty he got over the pales, when he found -himself just upon the brink of the well, the pales standing very near -to it. Being over, Tapner took hold of the rope which was fastened to -Chater’s neck, and tied it to the rail of the pales where the opening -was, for the well had neither kerb, lid nor roller. When the rope was -thus fixed to the rail, they all got over to him and pushed him into -the well; but the rope being of no great length, would not suffer his -body to hang lower than knee-deep in it; so that the rest of his body, -from his knees upwards, appeared above the well, bending towards the -pales, being held in that position by the rope that was tied to the -rail. But as in this posture he hung leaning against the side of the -well, the weight of his body was not of sufficient force to strangle -him presently. For his inhuman executioners, whether wearied with -tormenting him so long or whether they wanted to get home to their -several places we cannot say, but they seemed now resolved to dispatch -him as soon as they could.</p> - -<p>After they had waited about a quarter of an hour, and perceiving by the -struggles he made that he would be a considerable time in dying, they -altered the method of his execution. Thomas Stringer therefore, with -the assistance of Cobby and Hammond, pulled his legs out of the well, -and Tapner untying the cord that was fastened to the rail, his head -fell down upon the ground, and then, bringing it round to the well, put -it in. Then Stringer, who had hold of his legs, assisted by Cobby<span class="pagenum" id="Page_28">[28]</span> and -Hammond, let them go, and the body fell head foremost into the well.</p> - -<p>Now one would think they had entirely finished this tragedy and that -this miserable creature was quite out of his misery, and beyond the -reach of any further injury. No, he had yet some further remains of -life in him, and while he had any sense left, he must feel the exercise -of their cruelty.</p> - -<p>After they had thrown the body into the well, they stood by it some -time; and it being the dead of night and every thing still, they heard -him breathe or groan, and from thence being assured that he was still -alive, and that if they should leave him in that condition somebody -accidentally passing that way might possibly hear him; and in that -case if the man should be relieved and brought to life again, the -consciousness of their own horrid crimes and the enormous barbarities -they had exercised upon him and Galley, told them that they would -certainly be discovered, and then they knew they were dead men.</p> - -<p>Upon which they immediately came to a resolution to procure a ladder -that should reach to the bottom of the well, and one of them would go -down by it and dispatch him at once. Accordingly they went to William -Combleach, a gardener, who lived but a little way off, and knocked him -up, telling him that one of their companions was fallen into Harris’s -Well and begged the favour he would lend them a ladder and a rope to -get him out again. Combleach knowing nothing more of the matter but -what they had told him, lent them the ladder, and they carried it to -the well. Having brought it to the pales, whether through the surprise -and confusion they were in or the dread and horror that might have -seized their minds from the<span class="pagenum" id="Page_29">[29]</span> consideration of the dreadful work they -were about, or from what other cause is uncertain, they had not all of -them power sufficient to raise the ladder high enough to get it over -the pales, it being a very long one, though there were six of them -employed in doing it, namely, Stringer, Steel, Perryer, Hammond, Cobby -and Tapner.</p> - -<p>When they had tried some time, and found all their efforts ineffectual -to raise the ladder, they left it upon the ground, and went again to -the well side to listen, and hearing the poor man still groaning, they -were at a stand what they should do to put a quick end to the life of -the miserable creature. But recollecting themselves, they hunted about -for something heavy to throw in upon him, and found two logs of wood -that had been gate-posts, which they threw into the well; and being -resolved to do the business effectually, got together as many great -stones as they could find, and threw them in likewise. And now they -thought they had done his business, and they were undoubtedly right in -their guess, for on listening again they could hear nothing of him; -and therefore, concluding he was dead, as most certainly he was, they -mounted their horses and went to their respective homes.</p> - -<p>Thus are we brought to the fatal and final catastrophe of the unhappy -Chater, and whoever seriously reflect on the cause for which he -suffered, the torments he underwent, the variety of punishments with -which he was continually exercised, from the time he set out from -Rowland’s Castle till he finished his miseries in Harris’s Well, -which was from Sunday afternoon to the dead of the night between the -Wednesday and Thursday following, must feel their hearts melt with -compassion, and in some measure be sensible of the variegated pains -and tortures with which the poor creature was<span class="pagenum" id="Page_30">[30]</span> constantly racked and -torn during this time. But who can think on his tormentors without -horror and detestation? Bloody villains! had you thought that his -death was absolutely necessary to secure your own lives, could you -not have dispatched him at once, without exercising such a variety of -merciless cruelties upon him? It is true, even in this case you would -not have been excused, because you would have slain him while he was -actually discharging his duty to his country, that is, endeavouring to -detect and to bring to punishment wretches that live only by rapine -and the plunder of the public. I say, had this been the case, and upon -meeting him on the road you had shot him through the head, merely to -prevent his bringing you to that righteous judgment which your country -has since passed upon you, it might have been some mitigation of your -crime; but to torture and to destroy a man by inches, to be constantly -afflicting and lacerating his body for so many days together with every -cruelty that malice itself could suggest; this surely must convince -mankind that some malicious demon had taken possession of your souls, -and banished every sentiment of humanity from your hardened hearts.</p> - -<p>But let us now proceed to those other matters which we promised to -give an account of. The first thing we shall mention ought indeed to -have been taken notice of before, but we were not willing to interrupt -the story of Chater till we had brought him to the last stage of his -sufferings, and his final destruction in this world.</p> - -<p>When these miscreants had brought their unhappy victim within about two -hundred yards of the well, Jackson and Carter stayed behind and bid -Tapner, Cobby, Stringer, Steel, Perryer and Hammond go<span class="pagenum" id="Page_31">[31]</span> forward and -do their business. “You,” says Jackson, “go and do your duty and kill -Chater, as we have done ours in killing Galley, and then there will be -a final end of the two informing rogues”; for Hammond, Stringer, Cobby, -Tapner and Perryer were neither of them concerned in the murder of -Galley, who was killed on Sunday night, or early on Monday morning, as -before mentioned, of which they were entirely ignorant, till informed -by Jackson, Carter, Little Harry, Richards, Steel and Little Sam.</p> - -<p>But though these wretches had perpetrated the murders of these two -unhappy men with such secrecy (notwithstanding they had them so long -in hold) that they thought it next to impossible that they should -ever be discovered, unless they had traitors among themselves; yet -they were sensible that there were two witnesses still living, which, -though dumb, would certainly render them suspected, if suffered to -survive their masters; and these were the two horses that belonged to -Galley and Chater; and therefore a consultation was held what was best -to be done with them. Some were for turning them adrift in a large -wood, where they might range about a long while before they could be -owned. But others alleged that whenever they were found, they would -undoubtedly soon be known to belong to the rightful owners, and as -Galley and Chater might possibly have been seen riding upon them in -their company but a very little before these men were missing, some -curious people might imagine they were, some way or other, concerned -in conveying them away; to prevent which, let us, said they, put them -on board the first French vessel that shall bring goods on the coast -and send them to France. This however, was objected to, as liable to<span class="pagenum" id="Page_32">[32]</span> -some miscarriage; and therefore, after much debate, it was unanimously -agreed to knock them on the head at once, and then take their skins -off. Accordingly they killed the horse which Galley rode on, which was -a grey, and having flayed him, cut his hide into small bits, which they -disposed of in such a manner, that it was impossible for any discovery -to be made from thence. As to the horse which Chater rode on, which was -a bay, when they came to look for him they could not find him, for he -had got away, and not long after was delivered to his owner; but the -grey, which Mr. Shearer, of Southampton, had hired for Mr. Galley, and -which they had now killed, he was obliged to pay for.</p> - -<p>Thus we have given a full and circumstantial account of all the -particulars relating to the murders of these two unhappy men, whose -misfortune it was to fall into the hands of these savage brutes. But -as Providence seldom suffers such atrocious crimes to go undiscovered -or unpunished even in this world, so in this case, though the Divine -justice seemed dormant for a while, yet the eye of Providence was not -asleep, but was still watching their motions and taking the necessary -steps to bring to light these horrible deeds of darkness, and to punish -the perpetrators of such abominable wickedness in the most exemplary -manner.</p> - -<p>The first thing that gave occasion to suspect that some such misfortune -as above related had befallen these men was that they did not return -in the time which it was reasonable to suppose they might have done, -from Major Battin’s, to whom Mr. Shearer had sent them with a letter, -as before related. Another circumstance that served to strengthen the -suspicion that they had fallen into the hands of the smugglers,<span class="pagenum" id="Page_33">[33]</span> who -had privately made away with or destroyed them, was that exactly at -the time when they were sent on the abovesaid message, the great coat -of Mr. Galley was found on the road very bloody. This circumstance the -reader will remember we mentioned when we gave an account of their -first setting out from Rowland’s Castle, when these tormenters began -their cruel discipline of whipping, and that they pulled off Galley’s -great coat, that he might the more sensibly feel their lashes.</p> - -<p>The long absence of these men from their homes, and the reasons there -were to conclude that the smugglers had either murdered them or sent -them to France, being laid before the commissioners of the customs, a -proclamation was immediately ordered, offering a reward to anyone who -should discover what was become of them, with his Majesty’s pardon -to such discoverer. However, six or seven months passed before the -Government could get the least light into the affair; and then a full -discovery was gradually made by the following means.</p> - -<p>One of the persons who had been a witness to some of the transactions -of this bloody tragedy, and knew of the death of either Galley or -Chater, and where one was buried, though he was no way concerned in the -murder, sent an anonymous letter to a person of distinction, wherein -he intimated that he thought the body of one of the unfortunate men -mentioned in his Majesty’s proclamation was buried in the sands in a -certain place near Rake (but for some particular reason did not think -it prudent to make himself known); whereupon some people went in -search, where they found the corpse of Galley buried; and the reason -why it is supposed he was buried alive, they found him standing almost -upright, with his hands covering his eyes.</p> - -<p><span class="pagenum" id="Page_34">[34]</span></p> - -<p>The discovery being made by this letter, another letter was sent, -wherein an account was given that one William Steel, otherwise -Hardware, was one concerned in the murder of the man that was found -buried in the sands, and mention was made therein where they might -find him, and he was accordingly taken into custody; when he offered -himself to be an evidence for the King, and to make a full discovery -and disclosure of the whole wicked transaction, and of all the persons -concerned therein.</p> - -<p>Steel being now in custody, he gave an account of the murder of Galley, -and further informed in what manner Chater was murdered and thrown into -Harris’s Well; whither messengers being likewise sent, and one of them -let down into the well, the body was found with a rope about his neck, -his eyes appeared to have been cut or picked out of his head, and his -boots and spurs on. They got his body out of the well with only one leg -on; the other was brought up by itself, with the boot and spur on it, -which, it is supposed, was occasioned by his fall down the well, or -else by throwing the logs of wood and stones upon him.</p> - -<p>But Steel did not only give information of all the particulars of this -transcendent wickedness, but likewise acquainted the justice with the -names of the principal actors in it; pursuant to which, warrants were -immediately issued, and several of them taken in a short time, and -committed to gaol.</p> - -<p>John Race, who was another of the King’s witnesses, and concerned with -them at the beginning of the affair at Rowland’s Castle, came in and -voluntarily surrendered himself, and was admitted an evidence, as Steel -had been.</p> - -<p>Hammond was taken the beginning of October, and<span class="pagenum" id="Page_35">[35]</span> being carried before -two magistrates, and it appearing that he was privy to, and concerned -in, the murder of Chater, and throwing him into a well near Harting, in -the County of Sussex, was committed to Horsham gaol.</p> - -<p>John Cobby, being likewise apprehended, was committed to Horsham gaol -the 18th of the same month, and for the same crime of murdering Chater.</p> - -<p>Benjamin Tapner was also committed to the same gaol the 16th of -November following, and on his own confession, of murdering Chater in -the manner above stated. He was betrayed by his master, one T—ff, a -shoemaker in Chichester, of whom we shall have occasion to speak more -at large when we come to give an account of the life of Tapner.</p> - -<p>Richard Mills, jun., was apprehended in Sussex, with George Spencer, -Richard Payne and Thomas Reoff, about the 16th of August, 1748; and -being all brought together under a strong guard to Southwark, were -carried before Justice Hammond, who committed them all to the county -gaol of Surrey, for being concerned with divers other persons armed -with firearms, in running uncustomed goods, and for not surrendering -themselves after publication in the <i>London Gazette</i>.</p> - -<p>And on the 5th day of October, Richard Mills was detained in the -said gaol, by virtue of a warrant under the hand and seal of Justice -Hammond, for being concerned in the murder of William Galley and Daniel -Chater, whose bodies had a little before been found, as has been -related.</p> - -<p>William Jackson and William Chater were taken November the 14th, near -Godalming in Surrey, and brought up to London under a strong guard -the 17th November; and being carried before Justice Poulson in Covent -Garden, were, after examination, committed to<span class="pagenum" id="Page_36">[36]</span> Newgate, for being -concerned with divers other persons in running uncustomed goods, and -for not surrendering after publication in the <i>London Gazette</i>.</p> - -<p>Old Richard Mills, notwithstanding he knew that all these were taken, -and that warrants were out against Henry Sheerman, otherwise Little -Harry, of Leigh, near Warblington, labourer; Edmund Richards, of -Long Coppice, in the Parish of Walderton, labourer; Thomas Stringer, -of Chichester, cordwainer; Daniel Perryer, otherwise Little Daniel, -of Norton, labourer; and John Mills (his other son), of Trotton, -labourer; all which places are in the county of Sussex; as also -against Thomas Willis, commonly called the Coachman, of Selbourne, -near Liphook; and Samuel Howard, otherwise Little Sam, of Rowland’s -Castle, labourer; both in the county of Hants; for being concerned -with the others before-mentioned, in the murders of Galley and Chater, -yet he continued at home, never absconding, thinking himself quite -safe, as he knew nothing of the murder of Galley, and as to that of -Chater, he was seemingly very easy, as he was not murdered in his -house, nor he present when the wicked deed was done: but Steel having -given an account in his information of the whole affair, which was -laid before the Attorney General, that old Major Mills was concerned, -as has been before related, by keeping the poor man chained in his -skilling or turf-house; and that he was present when they all came -down from Scardefield’s, and told him they were come to take Chater -up to Harris’s Well, where they intended to murder him, and fling -him into it; as likewise that he was present in the turf-house when -Tapner cut Chater across his eyes, nose and forehead; and that he did -express these words, “Don’t murder him here; take him somewhere else -and do it,” it was thought<span class="pagenum" id="Page_37">[37]</span> necessary to apprehend him, and accordingly -on the 16th of December he was taken, committed to Horsham gaol as -being accessary to the murder of Daniel Chater, before the same was -committed, and concealing the same; which offence subjects the person -so guilty to be hanged.</p> - -<p>Combleach, the gardener, who lent them the ladder and rope to get -Chater out of the well, when they found that he was not quite dead, -having been heard to say, that some of the persons in custody had -told him they had murdered two informers against the smugglers, it -was thought proper to take him up and examine him, in expectation of -some further discoveries; but when Combleach was brought before the -magistrates, he refused to give satisfactory answers to the questions -asked him, and idly and obstinately denied all that was sworn against -him, whereupon he was committed to Horsham gaol on suspicion of being -concerned in the murder of Chater.</p> - -<p>The smugglers had reigned a long time uncontrolled; the officers of -the customs were too few to encounter them; they rode in troops to -fetch their goods, and carried them off in triumph by day-light; nay, -so audacious were they grown, that they were not afraid of regular -troops, that were sent into the country to keep them in awe; of which -we had several instances. If any one of them happened to be taken, -and the proof ever so clear against him, no magistrate in the county -durst commit him to gaol; if he did, he was sure to have his house or -barns set on fire, or some other mischief done him, if he was so happy -to escape with his life, which has been the occasion of their being -brought to London to be committed. But for a man to inform against -them, the most cruel death was his<span class="pagenum" id="Page_38">[38]</span> undoubted portion; of which we -already have given two melancholy instances, and could produce more; -one especially is so very notorious, that we shall make a little -digression, and relate a few particulars of it, and reserve a more -circumstantial account till the trials of these cruel villains are -over, who were the horrid perpetrators of it.</p> - -<p>Richard Hawkins, of Yapton, in the county of Sussex, labourer, being at -work in a barn, two of their gang, in January 1747–8, came to the barn -in the said Parish of Yapton, where the poor man was threshing corn.</p> - -<p>The names of the two men who came to him were Jeremiah Curtis, of -Hawkhurst, in Kent, butcher, and John Mills, of Trotton, in Sussex, -labourer (this last one of those who were concerned in the murder of -Chater, and who is not yet taken), and having found Hawkins at work, -as before mentioned, they told him that he must go along with them; -and on his showing some reluctance to comply with their commands, they -swore they would shoot him through the head that instant if he did not -come away without any more words. Poor Hawkins being terrified at their -threats, put on his clothes, and went along with them to the sign of -the Dog and Partridge, an alehouse, on Slindon Common, and going into -a back room, he saw Thomas Winter, of Poling, near Arundel, and one -called Rob, or Little Fat Back, servant to Jeremiah Curtis, who lived -in or near East Grinstead. In the back room these two were waiting for -them. This was in the afternoon, and having kept Hawkins there till -about twelve o’clock at night, took him away; but whither they carried, -or what they did with him, was not known for a long time; for the man -was not seen, nor heard of, till the body was found in a pond in Parham -Park, belonging<span class="pagenum" id="Page_39">[39]</span> to Sir Cecil Bishop, in Sussex, upwards of nine months -afterwards; and the coroner’s inquest, having sat on the body, they -brought in their verdict of wilful murder by persons unknown.</p> - -<p>The only reason these villains had to commit this murder on the poor -wretch, who left behind a wife and many children, was, on a supposition -only, that he had concealed a small bag of tea from them; for they had -lodged a quantity of run tea near the barn where the man worked, and -when they came to look for it, missed one bag, and imagined he had -taken it away; though the villains, on a second search, after they had -murdered the man, found the bag of tea where they had hid it, and had -overlooked it before.</p> - -<p>This murder in itself was as barbarous as that of Mr. Galley; for they -made him go with them upwards of ten miles, all the way whipping him, -and beating him with the handles of their whips till they had killed -him, and then tied stones to his legs and arms and flung him into the -pond, which kept the body under water.</p> - -<p>These terrible executions, committed by the smugglers on these poor -men, and the dreadful menaces which they uttered against any person -that should presume to interrupt them, so terrified the people -everywhere, that scarce anybody durst look at them as they passed -in large bodies in open day-light. And the custom officers were so -intimidated, that hardly any of them had courage enough to go on their -duty. Some of them they knew they had already sent to France, others -had been killed or wounded in opposing them, and Galley, in particular, -had been inhumanly murdered by them: so that not only the honest trader -suffered by the running of prodigious quantities of goods, which were -sold again at a rate that he could not buy them at,<span class="pagenum" id="Page_40">[40]</span> unless he traded -with them; but the King’s revenue was considerably lessened by this -smuggling traffic.</p> - -<p>It is no wonder, indeed, that when once a set of men commenced as -smugglers, that they should go on to commit the vilest excesses; for -when a man has wrought himself into a firm persuasion that it is no -crime to rob his King or his country, the transition is easy to the -belief, that it is no sin to plunder or destroy his neighbour; and -therefore we need not be much surprised that so many of the smugglers -have turned highwaymen, housebreakers, and incendiaries, of which we -have had but too many instances of late.</p> - -<p>The body of the smugglers was now increased to a prodigious number, and -the mischiefs they did where-ever they came, at least wherever they met -with opposition, were so enormous, that the whole country was afraid -of them; and even the government itself began to be alarmed, and to -apprehend consequences that might be fatal to the public peace, in case -a speedy check was not put to their audacious proceedings. His Majesty, -therefore, being perfectly informed of their notorious villainies, and -informations being given of many of the names of the most desperate -of their gangs, particularly those who broke open the custom-house -at Poole, issued a proclamation, with lists of their several names, -declaring, that unless they surrendered themselves to justice at a -day appointed, they should be outlawed, and out of the protection of -the laws of their country; promising a reward of £500, to be paid by -the commissioners of the customs, for the apprehension of every one -who should be taken, and convicted in pursuance thereof. This, in -great measure, has had the desired effect, and several of them have -been apprehended, tried, convicted and executed, which was<span class="pagenum" id="Page_41">[41]</span> the only -satisfaction they could make to public justice. But to return from this -digression.</p> - -<p>Seven of the notorious villains, who had confederated in the murder of -Galley and Chater, being apprehended by the diligence of Government, -the noblemen and gentlemen of Sussex, being desirous of making public -examples of such horrible offenders, and to terrify others from -committing the same crimes, requested his Majesty to grant a special -commission to hold an assize on purpose to try them; and represented -that as Chichester was a city sufficiently large to entertain the -judges and all their train, and as it was contiguous to the place where -the murders were committed, they thought it the most proper place for -the assizes to be held. Accordingly a commission passed the seals to -hold a special assize there the 16th day of January, 1748–9.</p> - -<p>On Monday, January 9th, 1748–9, Jackson and Carter were removed from -Newgate, as also Richard Mills, jun., from the New Gaol in Surrey, -under a strong guard, to Horsham, in their way to Chichester. When they -came to Horsham, the other five prisoners, viz., Richard Mills, sen., -Benjamin Tapner, John Hammond, John Cobby and William Combleach (the -latter committed only on suspicion), who were already in that gaol, -were all put in a waggon, and conveyed from thence under the same guard -as brought the others from London to Chichester, where they arrived on -Friday, the 13th.</p> - -<p>On their arrival there they were all confined, being well secured with -heavy irons, in one room, except Jackson, who being extremely ill, was -put into a room by himself, and all imaginable care was taken of him, -in order to keep him alive (for he was in a very dangerous condition) -till he had taken his trial.</p> - -<p><span class="pagenum" id="Page_42">[42]</span></p> - -<p>Having thus brought the prisoners to Chichester, and put them in -safe confinement, we shall leave them there for the present, till we -meet them again on their trials, of which we are enabled to give the -most authentic account of any that has been, or may be, published. -After that, we shall attend the prisoners while under sentence of -condemnation, and truly relate whatever appeared remarkable in their -carriage or demeanour; and then bear them company to the place of -execution, where we shall take particular notice of their behaviour and -dying words.</p> - -<p>But, previous to this, it will be necessary to give some account of the -journey of the judges from London to Chichester, in order to rectify -some mistakes that were made in the accounts published of it in the -public prints.</p> - -<p>The judges set out from London on Friday, January the 13th, and -arrived at the Duke of Richmond’s house at Godalming in Surrey that -evening, where they lay that night, and the next day they set out for -Chichester, and were met at Midhurst by his Grace the Duke of Richmond, -who entertained their lordships with a dinner at his hunting-house -near Charlton. After which they proceeded on their journey, and -got into Chichester about five o’clock, and went directly to the -Bishop’s Palace. It was reported, though very erroneously, that they -were guarded in their journey by a party of horse, both thither and -back again; but they had none but their own attendants, except a few -servants of his Grace the Duke of Richmond, the judges, counsellors, -and principal officers being in six coaches, each drawn by six horses.</p> - -<p>On Sunday morning, the 15th, they went to the Cathedral, accompanied -by the Duke of Richmond, the<span class="pagenum" id="Page_43">[43]</span> Mayor and Aldermen of the Corporation, -where an excellent sermon was preached suitable to the occasion, by the -Reverend Mr. Ashburnham, Dean of Chichester.</p> - -<p>We shall now proceed to give an account of what passed at Chichester -during their trials; only observe first, that William Combleach, the -gardener (whom we have before observed to have been committed only -on suspicion, by his own idle talk, which, no doubt, gave a just -foundation for his said commitment) was not ordered to be indicted, nor -from the mouths of the witnesses on the trials was his name more than -barely mentioned.</p> - -<hr class="tb" /> - -<p class="r1"><i>Chichester, January 16th, 1748.</i></p> - -<p>This morning between eleven and twelve o’clock, the judges assigned -to hold the assize by special commission, viz., the Hon. Sir Michael -Foster, Knt., one of the judges of His Majesty’s Court of King’s -Bench; the Hon. Edward Clive, one of the Barons of His Majesty’s -Court of Exchequer; and the Hon. Sir Thomas Birch, Knt., one of the -Judges of His Majesty’s Court of Common Pleas; went from the Bishop’s -Palace, preceded by the High Sheriff of the County, with the usual -ceremonies, to the Guildhall, where they were met by his Grace the -Duke of Richmond, Sir Richard Mill, Sir Cecil Bishop, Sir Hutchins -Williams, Barts., John Butler, Esq., Robert Bull, Esq., and others of -the commissioners named in the commission for that purpose; and after -having opened the said commission, and the same having been read, the -gentlemen who were summoned to be of the grand jury, were called over, -and the following twenty-seven, who were present, sworn, viz.:</p> - -<p><span class="pagenum" id="Page_44">[44]</span></p> - -<ul> - <li>Sir J. Miller, Bart., foreman.</li> - <li>Sir M. Fetherstonhaugh, Bart.</li> - <li>Sir Thomas Ridge, Knt.</li> - <li>John Page, Esq.</li> - <li>George Bramston, Esq.</li> - <li>William Battine, Esq.</li> - <li>John Winker, Esq.</li> - <li>Edward Tredcroft, Esq.</li> - <li>William Winker, Esq.</li> - <li>Samuel Blunt, Esq.</li> - <li>William Pool, Esq.</li> - <li>Peckham Williams, Esq.</li> - <li>Thomas B. Bilson, Esq.</li> - <li>Thomas Phipps, Esq.</li> - <li>William Mitford, Esq.</li> - <li>James Goble, Esq.</li> - <li>John Cheal, Esq.</li> - <li>William Leeves, Esq.</li> - <li>Richard Nash, Esq.</li> - <li>Thomas Fowler, Esq.</li> - <li>William Peckham, Esq.</li> - <li>William Bartlet, Esq.</li> - <li>John Hollest, Esq.</li> - <li>Francis Peachey, Gent.</li> - <li>John Laker, Gent.</li> - <li>William Peachey, Gent.</li> - <li>John Pay, Gent.</li> -</ul> - -<p>As soon as they were sworn, Mr. Justice Foster gave a most learned -and judicious charge, taking notice among other things, that this -commission, though it did not extend to all the crimes which are -cognizable under the general commissions which are executed in the -common circuits; yet it did not differ from other commissions granted -for holding the assizes, so that they must proceed on this commission -in the same method of trial as was usually done in commissions -of assizes; that this commission was only to enquire of murders, -manslaughters and felonies committed in the county of Sussex, and the -accessaries thereto, and therefore the Grand Jury could not take notice -of anything else but what was specified in the said commission.</p> - -<p>Then his lordship was pleased to say, that the several murders and -other crimes, committed by armed persons gathered together contrary -to all law, in this and the neighbouring counties, loudly demanded -the justice of the nation; and for that reason his Majesty<span class="pagenum" id="Page_45">[45]</span> had -been pleased to entrust his lordship and brethren with his special -commission, that public justice might be done upon the offenders -against the public laws of the kingdom, and that the innocent might be -released from their confinement.</p> - -<p>His lordship likewise took notice of the dangerous confederacies that -had been formed for many years past in Sussex and its neighbouring -counties, for very unwarrantable and very wicked purposes; even for -robbing the public of that revenue which is absolutely necessary to its -support, and for defeating the fair trader in his just expectations -of profit; and which, without mentioning more, are the necessary -unavoidable consequences of that practice which now goes under the name -of smuggling; and this, his lordship said, was not all, for this wicked -practice had been supported by an armed force; and acting in open -day-light, in defiance of all the law, to the terror of his Majesty’s -peaceable subjects; and had gone so far in some late instances, as -deliberate murders, attended with circumstances of great aggravation, -in consequence of those unlawful combinations.</p> - -<p>His lordship likewise said, that in case of a murder, wherever it -appeared that the fact was committed with any degree of deliberation, -and especially where attended with circumstances of cruelty, the usual -distinction between murder and manslaughter could never take place; for -the fact is, in the eye of the law, wilful murder, of malice prepense; -and involves every person concerned, as well those aiding and abetting -as those who actually commit the fact, in the same degree of guilt.</p> - -<p>His lordship was pleased further to take notice, that where a number -of people engage together with a<span class="pagenum" id="Page_46">[46]</span> felonious design, every person so -engaged, and present aiding and abetting in the fact, is considered as -a principal in the felony; and the reason the law goes upon is this, -that the presence of every one of the accomplices gives countenance -and encouragement to all the rest; so that consequently the fact is -considered, in the eye of the law, and of sound reason too, as the act -of the whole party, though it be perpetrated by the hands only of one; -for he is considered the instrument by which the others act.</p> - -<p>And when we say that the presence of a person at the commission of a -felony will involve him in the guilt of the rest, we must not confine -ourselves to a strict, actual presence as would make him an eye or ear -witness of what passes. For an accomplice may be involved in the guilt -of the rest, though he may happen to be so far distant from the scene -of action, as to be utterly out of sight or hearing of what passes.</p> - -<p>For instance; if several persons agree to commit a murder, or other -felony, and each man takes his part: some are appointed to commit the -fact, others to watch at a distance to prevent a surprise, or to favour -the escape of those who are more immediately engaged; the law says, -that if the felony be committed, it is the act of all of them; for -each man operated in his station towards the commission of it, at one -and the same instant. And so much doth the law abhor combinations of -this kind, especially where innocent blood is shed, that a man may, in -judgment of the law, be involved in the guilt of murder, when possibly -his heart abhorred the thoughts of it. For if numbers of people -assemble in prosecution of an unlawful design, with a resolution to -stand by each other against all opposers, and a murder is committed by -one of the party in<span class="pagenum" id="Page_47">[47]</span> prosecution of that design, every man so engaged -at the time of the murder, is, in the eye of the law, equally guilty -with him that gave the stroke.</p> - -<p>“Many cases might be put which come under this rule. I will confine -myself to a few which the present solemnity naturally suggests.</p> - -<p>“For instance: Numbers of people assemble for the purpose of running -uncustomed goods, or for any of the purposes which now go under the -term of smuggling, with a resolution to resist all opposers (and the -riding with firearms and other offensive weapons is certainly an -evidence of that resolution); numbers of people, I say, assemble in -this manner and for this purpose. They are met by the officers of the -revenue; one of the party, <i>in the prosecution of this unlawful -design</i>, fires on the King’s officer, and kills him or any of his -assistants: the whole party is, in the eye of the law, guilty of -murder, though their original intention went no further than smuggling; -for that intention being unlawful, the killing in prosecution of -that intent is murder, and every man engaged in it partakes of the -guilt. The act of one, in prosecution of their common engagement, is -considered as the act of all.</p> - -<p>“I will go one step further: the party assembled in the manner and for -the purposes I have mentioned, is met by the King’s officers, and an -affray happens between them; during the affray one of the party fires -at the King’s officers, but misses his aim, and kills one of his own -party, perhaps his nearest relation or bosom friend (if people of -that character are capable of true friendship). This is murder in him -and in the whole party too. For if a man upon malice against another -strikes at him and by accident kills a third person, the law, as it -were, transfers the circumstance of malice<span class="pagenum" id="Page_48">[48]</span> from him that was aimed at -to him that received the blow and died by it. And consequently, in the -case I have just put, the person who discharged the gun being guilty -of murder, all his accomplices are involved in his guilt; because the -gun was discharged in prosecution of their common engagement, and it is -therefore considered as the act of the whole party.</p> - -<p>“What I have hitherto said regards those who are present in the sense I -have mentioned, and abetting the fact at the time of the commission of -it. But there are others who may be involved in the same guilt, I mean -the accessaries before the fact. These are all people who by advice, -persuasion or any other means, procure the fact to be done, but cannot -be said, in any sense, to be present at the actual perpetration of it.</p> - -<p>“These persons are involved in the guilt, and liable in the case of -wilful murder to the same punishment as the principal offenders are.</p> - -<p>“I am very sensible, gentlemen, that I have been something longer than -I needed to have been, if I had spoken barely for your information. But -on this occasion I thought it not improper to enlarge on some points, -that people may see the infinite hazard they run by engaging in the -wicked combinations I have mentioned: and how suddenly and fatally they -may, being so engaged, be involved in the guilt of murder itself, while -perhaps their principal view might fall very short of that crime.”</p> - -<p>His lordship having ended his charge, two bills of indictment were -presented to the grand jury, one for the murder of William Galley, -sen., a custom-house officer in the port of Southampton, and the other -for the murder of Daniel Chater, of Fordingbridge, in the county of -Hants, shoemaker; when, as soon as the<span class="pagenum" id="Page_49">[49]</span> grand jury had received the -bills, they withdrew to the council chamber in the North Street; and -the following persons were sworn to give evidence before them, who -immediately after their being severally sworn in court, went and -attended the grand jury, viz., William Steel, alias Hardware, and John -Race, alias Raise (two accomplices in the said murders), Mr. Milner, -collector of the customs at the port of Poole; Mr. Shearer, collector -of the customs at the port of Southampton; William Galley, son of the -deceased William Galley; Edward Holton, George Austin, Thomas Austin, -Robert Jenkes, Joseph Southern, William Garrat, William Lamb, Richard -Kent, Ann Pescod, William Scardefield, Edward Soanes, Mrs. Chater, the -widow of the deceased Daniel Chater, John Greentree, George Poate and -Mr. Brackstone. And then the court adjourned until nine o’clock the -next morning.</p> - -<hr class="tb" /> - -<p class="r1"><i>Chichester, Jan. 18, 1748–9.</i></p> - -<p>The judges went to the court this morning about nine o’clock, and the -court being sat, the seven following prisoners, viz., Benjamin Tapner, -John Cobby, John Hammond, William Jackson,<a id="FNanchor_1" href="#Footnote_1" class="fnanchor">[1]</a> William Carter, Richard -Mills the younger and Richard Mills the elder, were put to the bar -(the grand jury having returned both the bills found into court), and -arraigned upon the indictment for the murder of Daniel Chater; the -three first as principals, and the other four as accessaries before the -fact.</p> - -<p>The clerk of the arraigns called upon the several prisoners at the -bar to hold up their hands, which being<span class="pagenum" id="Page_50">[50]</span> done, he read the indictment -aloud, which was as follows, viz.:—</p> - -<p>“That you, Benjamin Tapner, John Cobby and John Hammond, together with -Thomas Stringer and Daniel Perryer, not yet taken, not having the fear -of God before your eyes, but being moved and seduced by the instigation -of the devil, upon the 19th day of February, in the 21st year of his -present Majesty’s reign, with force of arms, at the parish of Harting, -in the county of Sussex, in and upon one Daniel Chater, being then -and there in the peace of God, and his said Majesty, feloniously, -wilfully, and out of your malice aforethought, did make an assault; -and that you, the said Benjamin Tapner, a certain cord or rope made of -hemp, of the value of sixpence, which you the said Benjamin Tapner had -then and there in your hands, about the neck of him the said Daniel -Chater, then and there with force and arms, feloniously, wilfully, and -out of your malice aforethought, did put, bind and fasten; and that -you, the said Benjamin Tapner, with the rope aforesaid by him about -the neck of the said Chater, so put, bound and fastened as aforesaid; -him the said Chater, then and there with force and arms, feloniously, -wilfully, and out of your malice aforethought, did choke and strangle, -of which said choking and strangling of him the said Chater, in manner -aforesaid, he the said Chater did then and there die. And that you -the said John Cobby, and John Hammond, together with Thomas Stringer -and Daniel Perryer, both not yet taken, at the time of the felony and -murder aforesaid by him the said Benjamin Tapner, so feloniously, -wilfully, and out of his malice aforethought, done, perpetrated and -committed, as aforesaid, then and there feloniously, wilfully, and -out of your malice aforethought, were present,<span class="pagenum" id="Page_51">[51]</span> aiding, abetting, -comforting and maintaining the said Benjamin Tapner, the said Daniel -Chater in manner and form aforesaid, feloniously, wilfully, and out -of his malice aforethought to kill and murder. And so that you the -said Benjamin Tapner, John Cobby, John Hammond, together with Thomas -Stringer and Daniel Perryer, not yet taken, the said Daniel Chater -in manner and form aforesaid, then and there with force and arms, -feloniously, wilfully and out of your malice aforethought, did kill -and murder against his Majesty’s peace, his crown and dignity. And -that you, Richard Mills the elder, Richard Mills the younger, William -Jackson and William Carter, together with John Mills, Thomas Willis and -Edmund Richards, not yet taken, before the felony and murder aforesaid, -by them the said Benjamin Tapner, John Cobby, John Hammond, Thomas -Stringer and Daniel Perryer, in manner and form aforesaid, feloniously, -wilfully, and out of your malice aforethought, done, perpetrated and -committed (to wit) upon the said 19th day of February, in the 21st year -aforesaid, at the Parish of Harting aforesaid, in the county of Sussex -aforesaid, them the said Benjamin Tapner, John Cobby, John Hammond, -Thomas Stringer, and Daniel Perryer, the felony and murder aforesaid -in manner and form aforesaid, feloniously, wilfully, maliciously, -and out of your malice aforethought, to do, perpetrate, and commit, -feloniously, wilfully, and out of your malice aforethought, did incite, -move, instigate, stir up, counsel, persuade and procure against his -Majesty’s peace, his crown and dignity.”</p> - -<p>To which indictment they severally pleaded Not Guilty.</p> - -<p>This being done, William Jackson and William Carter were arraigned upon -the other indictment as principals<span class="pagenum" id="Page_52">[52]</span> in the murder of William Gally, -otherwise called William Galley.</p> - -<p>Which indictment the clerk of the arraigns read aloud to them as -follows: “That you, William Jackson and William Carter (together -with Samuel Downer, alias Howard, alias Little Sam, Edmund Richards, -and Henry Sheerman, alias Little Harry, not yet taken), not having -the fear of God before your eyes, but being moved and seduced by the -instigation of the devil, upon the 15th of February, in the 21st year -of his present Majesty’s reign, with force and arms, at Rowland’s -Castle in the County of Southampton, in and upon one William Gally, -otherwise called William Galley, being then and there in the peace of -God and his said Majesty, feloniously, wilfully, and out of your malice -aforethought, did make an assault, and him the said William Galley, -upon the back of a certain horse, then and there with force and arms, -feloniously, wilfully, and out of your malice aforethought, did put -and set, and the legs of him the said William Galley, being so put -and set upon the back of the said horse as aforesaid, with a certain -rope or cord made of hemp, under the belly of the said horse, then -and there with force and arms, feloniously, wilfully, and out of your -malice aforethought, did bind, tie and fasten; and him the said William -Galley, being so put and set upon horseback as aforesaid, with his legs -so bound, tied, and fastened under the horse’s belly as aforesaid, -with certain large whips, which you had then and there in your right -hands, in and upon the head, face, neck, shoulders, arms, back, belly, -sides, and several other parts of the body of him the said William -Galley, then and there with force and arms, feloniously, wilfully, and -out of your malice aforethought, for the space of one mile, did whip, -lash, beat and strike: by<span class="pagenum" id="Page_53">[53]</span> reason whereof, the said William Galley -was then and there very much wounded, bruised and hurt; and not being -able to endure or bear the misery, pain and anguish, occasioned by -his having been so whipped, lashed, beat, and struck, as aforesaid, -and by his being so wounded, bruised, and hurt, as aforesaid, then -and there dropped down the left side of the said horse, on which he -then and there rode, with his head under the horse’s belly, and his -legs and feet across the saddle upon the back of the said horse, upon -which you, the said William Jackson and William Carter, together with -Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards, -and Henry Sheerman, otherwise Little Harry, not yet taken, then and -there, untied the legs of the said William Galley; and him the said -Galley, in and upon the same horse then and there, with force and arms, -feloniously, wilfully, and out of your malice aforethought, did again -put and set, and the legs of him the said William Galley, being again -so put and set upon the said horse as last aforesaid, with the same -rope or cord under the belly of the said horse, you then and there, -with force and arms, feloniously, wilfully, and out of your malice -aforethought, under the horse’s belly did again bind, tie, and fasten; -and him the said William Galley<a id="FNanchor_2" href="#Footnote_2" class="fnanchor">[2]</a> being again so put and set upon -the said horse, as last aforesaid, with his legs so bound, tied and -fastened under the horse’s belly, as last aforesaid, with the said -whips which you had then and there in your right hands, as aforesaid, -in and upon the head, face, neck, arms, shoulders, back, belly, sides, -and several other parts of the body of him the said<span class="pagenum" id="Page_54">[54]</span> William Galley, -you then and there with force and arms, feloniously, wilfully, and out -of your malice aforethought, for the space of half a mile further, -did again whip, lash, beat, and strike; by reason whereof he the said -William Galley was then and there much more wounded, bruised and hurt, -and not being able to endure or bear the misery, pain, and anguish -occasioned by his having been so whipped, lashed, beat, and struck, -in manner, as aforesaid; and by his being so wounded, bruised, and -hurt, in manner as aforesaid, did then and there drop a second time -from off the said horse, with his head under the horse’s belly, and -his legs and feet across the saddle. Upon which you the said William -Jackson and William Carter, together with the said Samuel Downer, -otherwise Howard, otherwise Little Sam, Edmund Richards and Henry -Sheerman, otherwise Little Harry, not yet taken, then and there again -untied the legs of him, the said William Galley, and him, in and upon -another horse, behind a certain other person, did then and there -with force and arms, feloniously, wilfully, and out of your malice -aforethought, put and set, and the said William Galley, being so put -and set on horseback, as last aforesaid, with the same whips which you -had then and there in your right hands as aforesaid, in and upon the -head, face, neck, arms, shoulders, back, belly, sides, and several -other parts of the body of the said William Galley, did then and there -with force and arms, feloniously, wilfully, and out of your malice -aforethought, for the space of two miles further, until you came into -the parish of Harting, in the county of Sussex aforesaid, again whip, -lash, beat, and strike, by reason whereof the said William Galley was -then and there much more wounded, bruised and hurt; and not being<span class="pagenum" id="Page_55">[55]</span> -able to endure or bear the misery, pain and anguish occasioned by his -having been so wounded, bruised and hurt, in manner as aforesaid, then -and there in the parish of Harting aforesaid, got off the said horse; -upon which you the said William Jackson and William Carter, together -with Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund -Richards and Henry Sheerman, otherwise Little Harry, not yet taken, -him the said William Galley, in and upon another horse, whereon the -said Edmund Richards, then and there rode, with the belly of him the -said William Galley across the pommel of the saddle, on which the said -Richards then and there rode, then and there with force and arms, -feloniously, wilfully, and out of your malice aforethought, did put -and lay; but before you had gone the space of eighty yards further, -William Galley, not being able to bear the motion of the said horse, -on which he was so put and laid as last aforesaid, by reason of having -been so whipped, lashed, beat and struck as aforesaid; and by reason -of his being so wounded, bruised and hurt, in manner as aforesaid, -then and there tumbled off the horse, and fell upon the ground in -the common highway there, by which fall he the said William Galley, -was then and there much more wounded, bruised and hurt; whereupon -you the said William Jackson, William Carter, together with Samuel -Downer, otherwise Howard, otherwise Little Sam, Edmund Richards and -Henry Sheerman, otherwise Little Harry, not yet taken, him the said -William Galley in and upon another horse by himself, then and there -with force and arms, feloniously, wilfully, and out of your malice -aforethought, did put and set; but the said William Galley not being -able to sit upright on the said last mentioned horse, he the said<span class="pagenum" id="Page_56">[56]</span> -Henry Sheerman, otherwise Little Harry, did then and there get upon -the same horse behind him, the said William Galley, in order to hold -him on; but after you the said William Jackson, and William Carter, -together with Samuel Downer, otherwise Howard, otherwise Little Sam, -Edmund Richards, and Henry Sheerman, otherwise Little Harry, not yet -taken, and the said William Galley had rode on a quarter of a mile -further together, in manner aforesaid, he the said William Galley, not -being able to sit upon the said horse, or ride any further upon the -same, through the great misery, pain and anguish, occasioned by his -having been so whipped, lashed, beat and struck, as aforesaid; and by -his being so wounded, bruised and hurt, in manner as aforesaid, then -and there tumbled off the said horse, on which he was so put and set -as last aforesaid, and again fell to the ground; and as he tumbled and -fell, the said Henry Sheerman, otherwise Little Harry, who rode behind -the said William Galley, and upon the same horse with him, in manner -aforesaid, then and there with force and arms feloniously, wilfully, -and out of his malice aforethought, give to him the said William -Galley, a most violent thrust and push; by reason whereof the said -William Galley then and there fell, with much more weight and force to -the ground than otherwise he would have done; and was thereby then and -there much more wounded, bruised and hurt. And that by reason of the -said binding, tying and fastening, of him the said William Galley, by -you the said William Jackson, and William Carter, together with Samuel -Downer, otherwise Howard, otherwise Little Sam, Edmund Richards and -Henry Sheerman, otherwise Little Harry, not yet taken, in manner and -form aforesaid; and of the whipping,<span class="pagenum" id="Page_57">[57]</span> lashing, beating and striking, -of him the said William Galley, by you, in manner and form aforesaid; -and of the several wounds, bruises and hurts, which he the said William -Galley received from such whipping, lashing, beating and striking in -manner aforesaid; and other wounds, bruises and hurts which he, the -said William Galley so received from the several falls which he so had -from off the said horse, on which he was by you so put, set and laid, -in manner aforesaid; and of the said thrust and push which he the said -Henry Sheerman, otherwise Little Harry, so as aforesaid, gave him the -said William Galley, as he the said William Galley so tumbled and fell -from off the said horse, as last aforesaid; he the said William Galley, -at the parish of Harting aforesaid, in the county of Sussex aforesaid, -did die. And further, that you the said William Jackson, and William -Carter, together with the said Samuel Downer, alias Howard, alias -Little Sam, Edmund Richards and Henry Sheerman, alias Little Harry, not -yet taken, him the said William Galley, with force and arms in manner -and form aforesaid, feloniously, wilfully, and out of your malice -aforethought, did kill and murder, against his Majesty’s peace, his -crown and dignity.”</p> - -<p>The indictment being read to them, Mr. Justice Foster acquainted the -prisoners they might each of them challenge twenty of the panel, -without shewing cause; but if they challenged more, they must shew a -reasonable cause for so doing; and that if they agreed to join in their -challenges they might be tried together, but if they did not, they -would be tried separately; and left them to act in that behalf as they -should see proper.</p> - -<p>The prisoners then consulted among themselves for a<span class="pagenum" id="Page_58">[58]</span> little while, -and then agreed to join and be tried together. And then the jury were -sworn, and charged by the Clerk of the Arraignments, whose names were -as follows, viz.:—</p> - -<ul> - <li>John Burnard, foreman,</li> - <li>John Hipkins,</li> - <li>William Faulkner,</li> - <li>William Hobbs,</li> - <li>Richard North,</li> - <li>John Shotter,</li> - <li>William Halsted,</li> - <li>Thomas Stuart,</li> - <li>Henry Halsted,</li> - <li>William Poe,</li> - <li>John Woods,</li> - <li>Christopher Wilson.</li> -</ul> - -<p>The counsel for the King were Henry Banks, Esq., Sidney Strafford -Smythe, Esq., and two of his Majesty’s counsel learned in the law; also -Mr. Burrel, Mr. Purkes, and Mr. Steele, recorder of Chichester.</p> - -<p>Mr. Steele opened the indictment, as soon as the jury were sworn, -against the prisoners; after which Mr. Banks very judiciously and -learnedly laid down the facts attending the murder, which we choose to -give our readers in his own words.</p> - -<p>Counsel for the King: “This is an indictment against the seven -prisoners at the bar, for the murder of Daniel Chater. It is against -the three first, viz., Benjamin Tapner, John Cobby and John Hammond, -as principals in that murder, by being present, aiding, abetting and -assisting therein; and against Thomas Stringer and Daniel Perryer as -principals also, and who are not yet apprehended. And it is against -the prisoners, William Jackson, William Carter and Richard Mills the -younger, as accessaries before the murder; and also against three -others as accessaries before the fact, viz., John Mills, another son -of Richard Mills the elder, Thomas Willis and Edmund Richards, not yet -taken and brought to justice.</p> - -<p><span class="pagenum" id="Page_59">[59]</span></p> - -<p>“Although this indictment hath made a distinction between the several -prisoners, and divided them into two classes, of principals and -accessaries, yet the law makes no distinction in the crime. And in case -all the prisoners are guilty of the charge in this indictment, they -will be all equally liable to the same judgment and punishment.</p> - -<p>“In the outset of this trial I shall not enlarge upon the heinousness -of murder in general; nor shall I dwell upon those circumstances in -aggravation attending this in particular. When I come to mention those -circumstances of cruelty and barbarity, I doubt not but they will have -all that effect upon the jury which they ought to have—to awaken and -fix your attention to every part of the transaction, and to balance -that compassion which you feel for the prisoners, though they felt none -for others. The effect I mean these circumstances should and ought to -have, is to clear the way for that justice which the nation expects, -from your determination and verdict.</p> - -<p>“To comply with this general demand of justice upon the prisoners, -his Majesty, in order to give the prisoners the earliest opportunity -of proving their innocence and of wiping off this foul suspicion of -murder they now lie under, or if guilty of a breach of the laws of God -and man, that they may suffer the punishment due to their guilt, has -been pleased, by a special commission, to appoint this trial to be -before their lordships, not less knowing in the laws than tender and -compassionate in the execution of them.</p> - -<p>“I cannot here omit taking notice of the unhappy cause of this fatal -effect, now under your consideration. Every one here present will, -in his own thoughts, anticipate my words and know I mean smuggling.<span class="pagenum" id="Page_60">[60]</span> -Smuggling is not only highly injurious to trade, a violation of the -laws, and the disturber of the peace and quiet of all the maritime -counties in the kingdom; but it is a nursery for all sorts of vice and -wickedness; a temptation to commit offences at first unthought of; an -encouragement to perpetrate the blackest of crimes without provocation -or remorse; and is in general productive of cruelty, robbery and murder.</p> - -<p>“It is greatly to be wished, both for the sake of the smugglers -themselves and for the peace of this county, that the dangerous and -armed manner now used of running uncustomed goods was less known and -less practised here.</p> - -<p>“It is a melancholy consideration to observe, that the best and wisest -measures of Government, calculated to put a stop to this growing -mischief, have been perverted and abused to the worst of purposes. And -what was intended to be a cure to this disorder has been made the means -to increase and heighten the disease.</p> - -<p>“Every expedient of lenity and mercy was at first made use of -to reclaim this abandoned set of men. His Majesty, by repeated -proclamations of pardon, invited them to their duty and to their own -safety. But instead of laying hold of so gracious an offer, they have -set the laws at defiance, have made the execution of justice dangerous -in the hands of magistracy, and have become almost a terror to -Government itself.</p> - -<p>“The number of prisoners at the bar, and of others involved in the -suspicion of the same guilt, the variety of circumstances attending -this whole transaction, the length of time in the completion thereof, -and the general expectation of mankind to be informed of every minute -circumstance leading and tending to finish the scene of horror, will -necessarily lay me under an<span class="pagenum" id="Page_61">[61]</span> obligation of taking up more time than -will be either agreeable to the court or to myself.</p> - -<p>“To avoid confusion in stating such a variety of facts with the -evidence and proofs thereof, and to fix and guide the attention of the -gentlemen of the jury to the several particular parts of this bloody -tragedy, at last completed in the murder of Chater, I shall divide the -facts into four distinct periods of time.</p> - -<hr class="tb" /> - -<p>“1st. What happened precedent to Chater’s coming to a public-house, -the sign of the White Hart, at Rowland’s Castle in Hampshire, kept by -Elizabeth Payne, widow, upon Sunday, the 4th of February, 1747–8.</p> - -<p>“And this period of time will take in the occasion and grounds of the -prisoners’ wicked malice to the deceased and the cause and motive of -his murder.</p> - -<p>“2nd. What happened after Chater’s arrival at the widow Paine’s, to the -time of his being carried away from thence by some of the prisoners to -the house of Richard Mills the elder, at Trotton in Sussex.</p> - -<p>“This will disclose a scene of cruelty and barbarity, previous to -Chater’s murder, and show how active and instrumental the prisoners -Jackson and Carter were therein.</p> - -<p>“3rd. What happened after Chater was brought to the house of Richard -Mills the elder, to the time of his murder, upon Wednesday night, the -17th of that February.</p> - -<p>“This will take in the barbarous usage of Chater at Mills’ house; a -consultation of sixteen<a id="FNanchor_3" href="#Footnote_3" class="fnanchor">[3]</a> smugglers in what manner to dispose of -Chater, and their unanimous resolution to murder him: and will shew -Tapner, Cobby<span class="pagenum" id="Page_62">[62]</span> and Hammond to be principals therein, and the other four -prisoners to be accessaries.</p> - -<hr class="tb" /> - -<p>“4th, and last period, takes in the discovery of Chater’s body in a -well, where he was hung, with the proofs that it was the body of Chater.</p> - -<hr class="tb" /> - -<p>“In the opening of this case, it will be impossible for me to avoid the -frequent mention of one William Galley, also suspected to have been -murdered: and for whose murder two of the prisoners, viz., Jackson and -Carter, are indicted, and are to be tried upon another indictment.</p> - -<p>“But the murder of Galley is not the object of your present -consideration, nor do I mention his name either to aggravate this -crime, by taking notice of his murder also, nor to inflame the jury -against the prisoners at the bar; but I do it for the sake of method, -and for the purpose only of laying the whole case before the jury; for -the story of Chater’s murder cannot be told without disclosing also -what happened to Galley, his companion and fellow-sufferer.</p> - -<p>“To begin with the first period of time. Some time in September, -1747, a large quantity of uncustomed tea had been duly seized by one -Captain Johnson, out of a smuggling cutter, and by him lodged in the -custom-house at Poole, in the county of Dorset.</p> - -<p>“In the night of the 6th of October following, the custom-house of -Poole was broken open by a numerous and armed gang of smugglers; and -the tea which had been seized and there lodged, was by them taken and -carried away.</p> - -<p>“This body of smugglers, in their return, passed<span class="pagenum" id="Page_63">[63]</span> through -Fordingbridge, where Dimer,<a id="FNanchor_4" href="#Footnote_4" class="fnanchor">[4]</a> one of that company, was seen and known -by Chater. Dimer was afterwards taken up upon suspicion of being one -of those who had broken open the custom-house, and was in custody at -Chichester for further examination, and for further proof that he was -one of that gang.</p> - -<p>“And in order to prove the identity of Dimer, and that he was one of -the gang, Daniel Chater, a shoemaker at Fordingbridge (the person -murdered), was sent in company with, and under the care of, William -Galley, a tide-waiter of Southampton, by Mr. Shearer, collector of the -customs there, with a letter to Major Battine, a Justice of Peace for -Sussex, and surveyor general of the customs for that county. Sunday -morning, the 14th of February, 1747–8, Galley and Chater set out from -Southampton, with Mr. Shearer’s letter, on their journey to Major -Battine’s house, at East Marden, in the neighbourhood of Chichester.</p> - -<p>“At the New Inn at Leigh,<a id="FNanchor_5" href="#Footnote_5" class="fnanchor">[5]</a> in Havant parish, in Hants, Chater and -Galley met with Robert Jenkes, George Austin, and Thomas Austin, and -having shewed them the direction of the letter to Major Battine, they -told them they were going towards Stansted, where Chater and Galley -were informed Major Battine then was; and said they would go with -them, and shew them the road. Their direct way to Stansted lay near -Rowland’s Castle; but Jenkes and the two Austins carried them<span class="pagenum" id="Page_64">[64]</span> to -Rowland’s Castle that Sunday about noon, where this cruel plot was -first contrived, and in part carried into execution.</p> - -<p>“The malice conceived by the prisoners against Chater appears not -to have arisen from any injury, or suspicion of injury, done by the -deceased to the prisoners. But because Chater dared to give information -against a smuggler, and do his duty in assisting to bring a notorious -offender to justice, he was to be treated with the utmost cruelty, his -person was to be tortured, and his life to be destroyed. What avail -the laws of society, where no man dares to carry them into execution? -Where is the protection of liberty and life, if criminals assume to -themselves a power of restraining the one, and destroying the other.</p> - -<p>“Having mentioned the motive of the prisoners in this murder, I shall -now open to you a scene of cruelty and barbarity, tending to the murder -of Chater, begun at Rowland’s Castle, by the two prisoners Jackson and -Carter, in company with others, and from thence continued, until Chater -was brought to the house of Richard Mills the elder, at Trotton, upon -Monday morning the 15th of February, before it was light.</p> - -<p>“And here you will observe how cruelly and wickedly, in general, -the gang assembled at Rowland’s Castle behaved; and in particular, -how active Jackson and Carter appeared in every step of this fatal -conspiracy.</p> - -<p>“Soon after Chater and Galley, and the three others, had arrived at -Rowland’s Castle, the widow Payne suspected Chater and Galley intended -some mischief against the smugglers; and for that purpose enquired -of George Austin who the two strangers were, and what their business -was. He privately informed her they were going to Major Battine with a -letter. She desired<span class="pagenum" id="Page_65">[65]</span> he would either direct the two strangers to go a -different way from Major Battine’s, or would detain them a short time -at her house, until she could send for Jackson, Carter and others. -And she immediately sent her son William for the prisoner Jackson; -and soon afterwards ordered her other son Edmund to summon the other -prisoner Carter, and Edmund Richards, Samuel Howard, Henry Sheerman, -William Steel and John Race, who all lived near Rowland’s Castle; -and accordingly they all came, as also did Jackson’s and Carter’s -wives. They were immediately informed by the widow Payne of what she -suspected, and had been informed concerning the two strangers. Jackson -and Carter being very desirous of seeing the letter to Major Battine, -got Chater out of the house, and endeavoured to persuade him to let -them see the letter, and to inform them of the errand to Major Battine. -But upon Galley’s coming out to them, and interposing to prevent -Chater’s making any discovery, they quarrelled with Galley, and beat -him to the ground; Galley complained of this ill-usage, and said he was -the King’s officer, and to convince them shewed his deputation.</p> - -<p>“Chater and Galley were very uneasy at this treatment, and wanted to be -gone; but the gang insisted upon their staying; and in order to secure -and get them entirely in their own power, they plied them with strong -liquors, and made them drunk; and then carried them into another room -to sleep.</p> - -<p>“During the two hours Galley and Chater slept, the letter was taken out -of Chater’s pocket; whereby it appeared that Chater was going to give -information against Dimer. The secret being thus disclosed to the gang, -the next thing to be considered of by the smugglers, was how to save -their accomplice Dimer,<span class="pagenum" id="Page_66">[66]</span> and to punish Chater and Galley for daring -to give information against him. For that purpose, whilst Chater and -Galley were asleep, several consultations were held.</p> - -<p>“It was proposed first to put Galley and Chater out of the way, to -prevent their giving information against Dimer; and to that end it was -talked of murdering them, and flinging them into a well, a quarter of -a mile from Rowland’s Castle, that was in the horse pasture; but the -proposal was overruled, fearing a discovery, as the well was so near -Rowland’s Castle.</p> - -<p>“The next thing proposed was secretly to convey Chater and Galley into -France, at that time at war with England.</p> - -<p>“The second scheme was, for all present to contribute threepence a week -for the maintenance of Chater and Galley, who were to be confined in -some private place, and there subsisted until Dimer should be tried; -and as Dimer was done unto, so Chater and Galley were to be dealt with.</p> - -<p>“The third and last proposal was to murder both.</p> - -<p>“With a view and intention to execute this last, and the most cruel -proposal, Jackson went into the room about seven that evening, where -Chater and Galley lay asleep, and awaked them. They both came out very -bloody, and cut in their faces; but by what means, or what Jackson had -done to them, does not appear. They were immediately afterwards forced -out of the house by Jackson and Carter; the others present consenting -and assisting; Richards, one of the company, with a cocked pistol in -his hand, swore he would shoot any person through the head who should -make the least discovery of what had passed there.</p> - -<p>“Chater and Galley were put upon one horse; and to<span class="pagenum" id="Page_67">[67]</span> prevent their -escape, their legs were tied under the horse’s belly; and both their -legs tied together; and the horse was led by William Steel. After they -had been thus carried about one hundred yards from Rowland’s Castle, -Jackson cried out to Carter and the company, “Lick them, d—n them, -cut them, slash them, whip them.” Upon which, they whipped and beat -them over their heads, faces, shoulders, and other parts of their -bodies, for the space of near a mile. With this cruel treatment they -both fell down under the horse’s belly, with their heads dragging upon -the ground. They were again put on the horse, and tied as before; and -whipped and beat with the like severity, along the road for upwards -of half a mile. And when they cried out through the agony of their -pain, pistols were held to their heads, and they were threatened to -be shot, if they made the least noise or cry. Being unable to endure -this continued and exquisite pain, and to sit on horseback any longer, -they fell a second time to the ground. By this inhuman usage, they were -rendered incapable of supporting themselves any longer on horseback. -Galley was afterwards carried behind Steel, and Chater behind Howard, -the prisoners Jackson and Carter, with the rest of the company, still -continuing their merciless treatment of Chater and Galley, but instead -of whipping, they now began to beat them on the heads and faces with -the butt-ends of their whips, loaded with lead. When they came to Lady -Holt Park, in Sussex, Galley almost expiring with the torture he had -undergone, got down from behind Steel; and it was proposed to throw -him alive into a well adjoining to that park; in which well Chater -was three days after hanged by the same gang. Galley was then thrown -across the pommel of the saddle and<span class="pagenum" id="Page_68">[68]</span> carried before Richards. He was -afterwards laid along alone upon a horse, and supported by Jackson, who -walked by him, and was at last carried before Sheerman, who supported -him by a cord tied round his breast. When they came to a lane called -Conduit-lane, in Rogate parish, in this county, Galley in the extremity -of anguish, cried out, “I shall fall! I shall fall!” upon which -Sheerman swore, “D—n you, if you will fall, do then;” and as Galley -was falling he gave him a thrust to the ground; after which Galley was -never seen to move, or heard to speak more.</p> - -<p>“Jackson, Carter, and the others, in order to prevent a discovery of -the murder of Galley, went about one o’clock on the Monday morning, -to the Red Lion at Rake, in Sussex, a public-house, kept by William -Scardefield, whither they carried Chater all over blood, and with his -eyes almost beat out; and also brought the body of Galley. They obliged -Scardefield to shew them a proper place for the burial of Galley; and -accordingly he went with Carter, Howard, and Steel, to an old fox -earth, on the side of a hill near Rake, at a place called Harting -Coombe, where they dug a hole and buried Galley.</p> - -<p>“The same morning, and long before it was light, whilst some were -employed in the burial of Galley, Jackson and Sheerman carried Chater -to the house of Richard Mills the elder, at Trotton.</p> - -<p>“I am now come to the third period of time: from Chater’s arrival at -the house of Richard Mills the elder, to his murder upon Wednesday -night, the 17th of February.</p> - -<p>“And here it is that Richard Mills the elder appears to be privy and -consenting to the intended murder of Chater. A private house was -thought much more<span class="pagenum" id="Page_69">[69]</span> proper and safe for the confinement of Chater, -than a public-house, at all times open to every man; and therefore -Chater was to be removed from Scardefield’s. The prisoners and -their companions being no strangers to Old Mills, but his intimate -acquaintance, and confederates in smuggling; where could Chater be so -secretly imprisoned, as at the private house of the elder Mills? and -where could he be more securely guarded than under the roof of one of -their gang? With these hopes and reliance, and in full confidence of -the secrecy and assistance of Old Mills, Chater was brought to his -house by Jackson and Sheerman. When they came there, they told Old -Mills they had got a prisoner; he must get up and let them in; upon -which Old Mills got up, and received Chater as his prisoner, whose face -was then a gore of blood, many of his teeth beat out, his eyes swelled -and one almost destroyed. I shall here omit one or two particular -circumstances, which the witnesses will give an account of; which shew -that Old Mills was also void of all tenderness and compassion.</p> - -<p>“Chater was received by him as a prisoner, and a criminal; and -therefore was to be treated as such. Old Mills’s house itself was -thought too good a prison for him; and therefore he was soon dragged -into a skilling or out-house, adjoining to the house, wherein lumber -and fuel was kept. And although Chater was in so weak and deplorable -a condition as to be scarce able to stand, yet to prevent all chance -and possibility of his escape, he was chained by the leg with an iron -chain, fastened to a beam of the out-house; he was guarded night and -day, sometimes by Sheerman, and sometimes by Howard, who came there -that Monday evening. Thus he continued in chains until he was loosened -for his execution. But lest he should die for want of<span class="pagenum" id="Page_70">[70]</span> sustenance, and -disappoint their wicked designs, he was to be fed and just kept alive, -until the time and manner of his death was determined. During the whole -time of this imprisonment, Old Mills was at home and in his business as -usual. He betrayed not the trust reposed in him. He acquainted nobody -with what had happened, nor with whom he was entrusted; but like a -gaoler, took care to produce his prisoner for execution.</p> - -<p>“On Wednesday, the 17th of February, there was a general summons of -all the smugglers then in the neighbourhood, at Scardefield’s house, -who had been concerned in breaking open the custom-house at Poole, to -meet that day at Scardefield’s. Upon which notice, all the prisoners -(except Old Mills) came that day to Scardefield’s. And there were also -present John Mills, another son of Old Mills, Edmund Richards, Thomas -Willis, Thomas Stringer, Daniel Perryer, William Steel and John Race; -Howard and Sheerman still continuing at Old Mills’s, and there guarding -Chater. It was at this consultation at Scardefield’s unanimously agreed -by all present that Chater should be murdered.</p> - -<p>“This was a deliberate, serious, and determined act of minds -wickedly and cruelly disposed, and executed with all the imaginable -circumstances of barbarity.</p> - -<p>“At this meeting Tapner, Cobby and Hammond were first concerned in, and -became privy and consenting to, this murder. And there also Richard -Mills the younger first became an accessary to this murder; but he was -so eager in pursuit of it, that he particularly advised and recommended -it; and said he would go with them to the execution, but he had no -horse. And when he was told that the old man (meaning Chater) was -carried by a steep place in the road to Rake, he<span class="pagenum" id="Page_71">[71]</span> said—‘If I had been -there, I should have called a council of war, and he should have come -no farther.’</p> - -<p>“About eight o’clock on that Wednesday evening, all who were present at -the consultation at Scardefield’s (except Richard Mills the younger, -John Mills and Thomas Willis) went from Scardefield’s to the house of -Old Mills, where they found Chater chained, and guarded by Howard and -Sheerman.</p> - -<p>“They told him he must die, and ordered him to say his prayers. And -whilst he was upon his knees at prayers, Cobby kicked him; and Tapner, -impatient of Chater’s blood, pulled out a large clasp knife, and swore -he would be his butcher, and cut him twice or thrice down the face, -and across the eyes and nose. But Old Mills in hopes of avoiding the -punishment due to his guilt, by shifting Chater’s execution to another -place, said—‘Don’t murder him here: carry him somewhere else first.’</p> - -<p>“He was then loosened from his chains, and was by all the prisoners -(except Mills the father and his son), and by all the gang that came -from Scardefield’s, carried back to that well, wherein Galley had -before been threatened to be thrown alive. Jackson and Carter left the -company some small distance before the others came to the well; but -described the well to be fenced round with pales and directed them -where to find it; and said—‘We have done our parts,’ meaning we have -murdered Galley; ‘and you shall do yours,’ meaning you shall murder -Chater.</p> - -<p>“Tapner, in order to make good what he had before said, after Chater -had been forced over the pales which fenced the well, pulled a rope out -of his pocket, put it about Chater’s neck, fastened the other end to -the pales,<span class="pagenum" id="Page_72">[72]</span> and there he hung Chater in the well until he was dead, as -they all imagined.</p> - -<p>“They then loosened the cord from the rail of the pales, and let -him fall to the bottom of this well, which was dry; and one of the -accomplices imagined he heard Chater breathe, and that there were still -some remains of life in him.</p> - -<p>“To put an end to a life so miserable and wretched, they threw pales -and stones upon him. This was the only act that had any appearance of -mercy and compassion; and it brings to my remembrance the saying of -the wisest of men, fully verified in this fatal instance of Chater’s -murder—‘The mercies of the wicked are cruelties.’</p> - -<p>“I am now come to the fourth and last period of time.</p> - -<p>“And here it is observable, that although Providence had for many -months permitted this murder to remain undiscovered, yet it was then -disclosed and brought to light when the appointed time was come, and -an opportunity given to apprehend and bring to justice many of the -principal offenders.</p> - -<p>“Upon the 17th of September last, search was made in pursuance of -information given, for the body of Chater. And the body was found with -a rope about its neck, covered with pales, stones and earth, in that -well I have before mentioned, close by Lady Holt Park, in a wood called -Harrass Wood belonging to Mr. Carryll.</p> - -<p>“By the length of time, from February to September, the body was too -much emaciated to be known with any certainty. But by his boots, -clothes and belt, there also found, it evidently appeared to be the -body of the unfortunate Chater.</p> - -<p>“I have now opened to you the substance of all the most material -facts: and should the proofs support the<span class="pagenum" id="Page_73">[73]</span> truth of those facts, no man -can doubt the consequence thereof, that Chater was murdered, and the -prisoners were his murderers.”</p> - -<p>Mr. Smith, another of the King’s counsel, also spoke as follows, viz.:—</p> - -<p>“The crime they are charged with is one of the greatest that can be -committed against the laws of God and man, and in this particular case -attended with the most aggravated circumstances.</p> - -<p>“It was not done in the heat of passion, and on provocation, but in -cold blood, deliberately, on the fullest consideration, in the most -cruel manner, and without any provocation. The occasion being as you -have heard, only because he dared to speak the truth.</p> - -<p>“This prosecution, therefore, is of the utmost importance to the public -justice of the nation, and to the safety and security of every person; -for if such offenders should escape with impunity, the consequence -would be, that no crime could be punished. It would teach highwaymen -and all other criminals, to unite in the manner those men have done, -and whoever received injuries from them would not dare to take any -steps towards bringing them to justice, for fear of exposing themselves -to the revenge of their companions.</p> - -<p>“Our constitution, therefore, which must be supported by a regular -administration of justice, and a due execution of our laws, depends, in -some measure, on bringing such offenders to condign punishment; and it -is to be hoped a few examples of this kind will restore the peace and -tranquillity of this county.</p> - -<p>“In stating the facts, I shall point out to you the share which every -one of the persons at the bar had in this murder.</p> - -<p>“In October, 1747, the custom-house at Poole was<span class="pagenum" id="Page_74">[74]</span> broken open; the -smugglers who did it, on their return, passed through Fordingbridge, -where Chater saw Dimer among them; and having declared, so was obliged -to make oath of it; on which information Dimer was committed to gaol -for further examination: and on the 14th of February, Chater was -sent by the collector of Southampton, in company with Galley, with a -letter to Mr. Battine, Surveyor General of the customs, in order that -Chater might see if the man in gaol was the same person he saw at -Fordingbridge.</p> - -<p>“These two men, having enquired their way at the New Inn at Leigh, one -Jenkes undertook to direct them, and carried them to widow Payne’s, -at Rowland’s Castle, who saying she feared they were going to do the -smugglers some mischief, sent for Carter and Jackson, Steel, Race, -Richards, Sheerman and Howard, who, having made Galley and Chater -drunk, and seen the letter to Mr. Battine, consulted what to do with -them. Some proposed to murder them, others to send them prisoners to -France, and others to confine them, till they saw what had become of -Dimer, and to treat them as he was dealt with.</p> - -<p>“Having sent Jenkes away, these poor men were left absolutely in the -power of the smugglers; and indeed, into worse hands they could not -have fallen; had they been taken in battle they would have had quarter, -and been treated with humanity; had they fallen into the hand of -enemies of those nations who give no quarter, their lot would have been -immediate death; but as it was their hard fate to fall into the hands -of smugglers, to have neither quarter or immediate death, but they were -reserved to suffer the most cruel usage for several days and afterwards -murdered.</p> - -<p>“These poor wretches, after having been beat and<span class="pagenum" id="Page_75">[75]</span> abused at Payne’s -by Carter and Jackson, and the rest of the gang, were carried away by -force, both set on one horse, with their legs tied under the horse’s -belly, and whipt and beat by direction of Carter and Jackson, till -they fell; then they were set up again in the same manner, and whipt -and beat again, till they fell a second time; and were then set on -separate horses, and used in the same manner, till Galley had the good -fortune to be delivered by death from their cruelty; after which they -carried Chater, who was bloody and mangled with the blows and falls he -had received, to Scardefield’s, at the Red Lion at Rake, who observed -Jackson’s coat and hands bloody; and while Carter and the rest buried -Galley, Jackson and Sheerman carried Chater to old Mills’s in the -night, between the 14th and 15th of February, where he was chained -by the leg in the skilling, or out-house, till the Wednesday night -following, and Sheerman and Howard guarded him.</p> - -<p>“Imagine to yourselves the condition of this unhappy man, certain to -die by their hands, uncertain only as to the time, and the cruel manner -of it: suffering for three days and three nights pain, cold and hunger; -and what was infinitely worse, that terror and anxiety of mind which -one in his situation must continually labour under; he must doubtless -envy the condition of his companion Galley, who by an early death was -delivered from the misery he then endured.</p> - -<p>“On Wednesday following, the 17th of February, all the prisoners at the -bar (except Old Mills) met at Scardefield’s, and there were present -also seven more; at which meeting it was unanimously agreed by all -present to murder Chater; and Young Mills particularly advised it; and -said if he had a horse he would go with them and do it; and either -then, or at another meeting at<span class="pagenum" id="Page_76">[76]</span> Scardefield’s, when Carter and Jackson -said, that as they came along, they brought Chater by a steep place -thirty feet deep, Young Mills said, ‘If I had been there I would have -called a council of war, and he should have come no further.’</p> - -<p>“This being determined, the prisoners Tapner, Cobby, Hammond, Carter -and Jackson, together with five more of that company went to Old -Mills’s, where they found Chater chained and guarded by Sheerman and -Howard, and told him he must die; he said he expected no other. Tapner -then said he would be his butcher, and, taking out a knife, cut him -across the eyes and nose; on which Old Mills said, ‘Don’t murder him -here, but take him somewhere else first.’</p> - -<p>“Tapner, Cobby, Hammond, Carter, Jackson, and the rest, who came there -together, with Sheerman and Howard, then carried him away to murder -him: Sheerman, Howard and Richards, having been concerned in Galley’s -murder, said the rest should kill Chater, and therefore went away to -Harting; Carter and Jackson having been likewise concerned in Galley’s -murder, when they came to Lady Holt Park Gate, turned in there, and -left the others; having first told them, ‘The well is a little way off, -you can’t miss it; ’tis fenced round with pales, to keep the cattle -from falling in.’</p> - -<p>“Tapner, Cobby, Hammond, Carter, Jackson, and the rest, went then to -the well, where Tapner put a rope round Chater’s neck to hang him; and -some of the pales being broken down, Chater would have crept through. -Tapner would not let him, but made him climb over the pales, weak as he -was, and then hanged him in the well about a quarter of an hour, till -they thought him dead; then having drawn him up till they could take -hold of his legs, they threw him headlong into the<span class="pagenum" id="Page_77">[77]</span> well; and fancying -they heard him breathe or groan, threw posts and stones in upon him, -and went their way.</p> - -<p>“The terror of this act of cruelty had spread through the country, -stopt every person’s mouth who had it in their power to give any -information; so that the body was not found till September, when it was -so putrified and consumed as not to be known but by the belt, and which -Chater’s wife will prove to be her husband’s. If there was any doubt as -to the identity of the man, we could shew likewise, that being examined -by the smugglers just before he was murdered, he said his name was -Daniel Chater.</p> - -<p>“It appears therefore from this state of the case that all the -prisoners are guilty of the indictment; Tapner was present at the -consultation at Scardefield’s, and was the person who hanged him; Cobby -and Hammond were present at the consultation, helped to carry him to -the well, and were present at the murder, and therefore equally guilty -with Tapner as principals; Carter and Jackson took him away by force -from Payne’s, and the treatment of him there on the road shewed an -intention from the first to murder him, though perhaps the particular -death he was to suffer was not then agreed on. They were afterwards -present at the consultation at Scardefield’s, where it was resolved -to murder him, and went almost to the well with him; and when they -parted, gave those who murdered him particular directions to the well. -Young Mills was also at the consultation, and particularly advised and -directed the murder, in which he declared he would have joined if he -had a horse. Old Mills, though he kept no public-house, receives this -man brought in the night, in a bloody and deplorable condition. Chater -is chained in his out-house from Sunday night till Wednesday; yet<span class="pagenum" id="Page_78">[78]</span> Old -Mills never discovers it to any person, or uses any means to deliver -him, which is a strong evidence of his knowledge of their design; and -when Tapner declared he would be his butcher and cut him, Old Mills -expresses no disapprobation of the murder, does not dissuade him from -it, but desires him ‘not to do it there, but carry him somewhere else -first,’ which shews his approbation of the fact; though to secure -himself he would have had it committed at some other place.</p> - -<p>“This, gentlemen, is the fact, which shews that securing themselves and -their companions was not their principal aim; were it so, they would -have murdered this man as soon as they had him in their power; but -their motive seems to have been revenge, and a disposition to torture -one who should dare to give any information which might bring them or -their friends into danger.</p> - -<p>“After hearing the whole evidence, if these men appear innocent, God -forbid they should be found guilty; and I would not have the cruel -circumstances of the fact incline you to believe anything we suggest -that is not supported by the strongest proof; but if the fact is proved -beyond a possibility of doubt to be in the manner we have stated it, I -am sure you will do your duty, and by a just and honest verdict deliver -your country from men so void of humanity.”</p> - -<p>The king’s counsel having finished what they had to premise, proceeded -to call the witnesses for the crown in support of the charge; the first -witness called was Mr. Milner, collector of the customs at Poole, who -deposed that about the 17th of October, 1747, he had advice that the -custom-house was broken open; upon which he hastened thither, and found -the outer door burst open, and the other door broken in pieces; that<span class="pagenum" id="Page_79">[79]</span> -the room wherein some run tea was lodged, that was taken by Captain -Johnson, was broken open, and all the tea carried away, excepting a -little bag containing about four or five pounds.</p> - -<p>Mr. Shearer, collector of the customs at Southampton, was next called, -who deposed that in February last he received a letter from the -commissioners of the customs, acquainting him that one John Dimer -was committed to Chichester gaol on suspicion of breaking open the -custom-house at Poole, with directions to send the deceased Daniel -Chater, who could give some information against Dimer, to Justice -Battine, the Surveyor General, and to acquaint Justice Battine with the -occasion of his sending Chater; that he accordingly sent Chater with -a letter addressed to Justice Battine, under the care of one William -Galley, a tidesman in the port of Southampton; that they set out on -Sunday morning, the 14th of February last. He could not take upon him -to say how Chater was dressed, but he remembered he rode upon a dark -brown horse, and had a great coat on, with another coat under it, and -upon the under coat a belt; he could not recollect how Galley was -dressed, but remembered that he was mounted upon a grey horse.</p> - -<p>The next witness called and sworn was William Galley, the son of the -deceased William Galley, who deposed that he remembered his father’s -setting out upon this journey to Justice Battine, in February last; -that he saw the letter to Justice Battine the night before his father -set out, and saw the directions; he remembered the dress his father had -on: it was a blue great coat, with brass buttons covered with blue, a -close bodied coat, of a light brown colour, lined with blue, with a -waistcoat and breeches of the same, and that he<span class="pagenum" id="Page_80">[80]</span> rode on a grey horse; -he remembered that Daniel Chater, a shoemaker at Fordingbridge, set out -at the same time with his father, and had on a light surtout coat, with -red breeches, and a belt round him, and rode upon a brown horse; that -this was the last time he ever saw his father alive, and that he never -saw Chater since.</p> - -<p>Edward Holton was next called and sworn, who deposed that on the 14th -of February last he saw Daniel Chater and another person, whom he took -to be Mr. Galley, at his own house at Havant, in the county of Hants; -that he knew Chater very well, and had some conversation with him; that -Chater told him he was going to Chichester upon a little business, and -then went out to Galley, and brought in a letter, which was directed to -William Battine, Esq., at East Marden; upon which he (the witness) told -him he was going out of the way; Galley wished he would direct them -the way, that he directed them to go through Stanstead, near Rowland’s -Castle; and that they said they should be back again the next day.</p> - -<p>George Austin being called and sworn, deposed that on Sunday, the -14th of February last, he saw two men, one mounted on a brown horse -and the other on a grey, at the New Inn at Leigh, in the parish of -Havant; that they came to the New Inn when he was there and enquired -the way to East Marden, to which place he was going to direct them, -when one of the men who had a blue coat on, pulled a letter out of his -pocket, which he (the witness) looked at, and seeing it was directed -to Justice Battine at East Marden, he told them they were going ten -miles out of their way, and that he and his brother, Thomas Austin, -and his brother-in-law, Robert Jenkes, were going part of their road, -and would<span class="pagenum" id="Page_81">[81]</span> conduct them the best they could; that they went no further -together than to a place called Rowland’s Castle, to a public-house -which was kept by the widow Payne; the two strangers, Galley and -Chater, called for rum at the widow Payne’s. This was about the middle -of the day, or something after. That the widow Payne asked him if he -knew these men, or whether they belonged to his company; he told her -they were going to Justice Battine’s, and that he was going to shew -them the way; she then said she thought they were going to do harm -to the smugglers, and desired him to set them out of the way; which -he refused. She then seemed uneasy, and she and her son consulted -together; that her son went out, and the prisoner Jackson came in a -little time; that the prisoner Carter and several more came thither -soon afterwards. He knew none but Jackson and Carter<a id="FNanchor_6" href="#Footnote_6" class="fnanchor">[6]</a>. That Jackson -enquired where the two men were bound for, and the man in the light -coat answered they were going to Justice Battine’s, and from thence to -Chichester: but Carter was not by at that time; that Galley and Chater -had some rum, and Jackson called for a mug of hot—which was gin and -beer mixed, or something of that kind—to the best of his knowledge -they all drank together; he did not see any ill-treatment, nor either -of the men bloody whilst he was there; that he went away between two -and three, and left the two men there; the widow Payne called him out -of doors, and told him his brother Jenkes wanted to speak to him; -when he came out his horse was at the hedge by the back door, and his -brother said he<span class="pagenum" id="Page_82">[82]</span> wondered why the two men did not go away; upon which -he went back again into the house, and his brother was uneasy because -he did so; that the widow Payne advised him to go home, and said the -two men would be directed the way: he was uneasy at going without them, -because he saw so many men come in, and imagined they had a design to -do some harm to them; that when he went away, Jackson and Carter were -left with the two men, Galley and Chater, to the best of his knowledge; -and Jackson, as well as the widow Payne, persuaded him to go home, -saying it would be better for him. He was positive that Jackson and -Carter were there, for he knew them very well.</p> - -<p>The Court asked Jackson and Carter if they would ask the witness any -questions,</p> - -<p>To which they both answered they had no questions to ask him.</p> - -<p>Thomas Austin was then called, who deposed that he was at the New Inn -at Leigh on Valentine’s Day last, with his brother George, where he -saw two men who enquired the way to Justice Battine’s; he went from -thence with them to Rowland’s Castle; they went to the widow Payne’s at -that place, and called for a dram of rum; the prisoners were not there -at first, but in a little time Jackson came, and soon afterwards the -prisoner Carter. That the widow Payne spoke to him at the outer door -before either of the prisoners came and asked him if he knew the two -men, and said she was afraid they were come to do the smugglers some -mischief, and that she would send for William Jackson; accordingly -her son went for him, and he soon came, and another little man and -his servant. This witness further deposed that he saw in the house -one Joseph Southern and the prisoner<span class="pagenum" id="Page_83">[83]</span> Carter, but that Carter did not -come so soon as Jackson. That Jackson struck one of the men who had a -blue coat on, but they were all soon appeased, and then they all drank -very freely, and he was drunk and went to sleep, and the two men were -fuddled and went to sleep in the little room: that about seven o’clock -Jackson went into the room and waked the two men; after they came out, -the two men were taken away by Jackson and Carter, and one William -Steel and Edmund Richards; but he did not remember they were forced -away, and did not see them upon the horses, nor did he ever see them -any more; this was between seven and eight o’clock.</p> - -<p>Being asked whether he saw either of the men produce his deputation or -heard any high words,</p> - -<p>He said he did not; that he was asleep the best part of the afternoon, -and did not see any ill-treatment, but that one blow which he had -mentioned.</p> - -<p>Being cross-examined at the request of the prisoners,</p> - -<p>He deposed that he did not know who the two strangers were, but they -were the same two persons that his brother George had just spoken of, -and had a letter for Justice Battine; that one of them had a blue coat -on, and rode upon a grey horse, and the other man rode upon a brownish -horse; that he did not see the direction of the letter, but he heard it -read by Robert Jenkes.</p> - -<p>The next witness produced was Robert Jenkes, who came with the two -deceased men from Leigh to this house, along with George and Thomas -Austin, who, being sworn, deposed: that he saw two men upon 14th -February last, at the New Inn at Leigh, one of them upon a brownish -horse, the other upon a grey, and dressed in riding coats; that they -were the same men<span class="pagenum" id="Page_84">[84]</span> that the witnesses George and Thomas Austin had -spoken of; that they all went together to Rowland’s Castle, and got -there about twelve o’clock, and went into a house there which was kept -by the widow Payne. He did not hear her give any directions to send for -anybody; but the prisoners Carter and Jackson soon came thither; that -whilst he was there he did not see any abuse, or observe that either of -them were bloody, and that he had no conversation with Jackson further -than that Jackson said he would see the letter which was going to Major -Battine, and Carter, he believed, might say so too; when he wanted to -go away, Jackson would not suffer him to go through the room where the -two men were (for the two men were carried into another room), but -Jackson told him if he had a mind to go, he might go through the garden -to the back part of the house where his horse should be led ready for -him; that he did so, and found his horse there and went away.</p> - -<p>Being now particularly asked if he could say why Jackson refused his -going through the room where the two men were, he answered he could not -be certain, but believed it was for fear the two men should go away -with him; and that he did not order his horse to be led round to the -garden himself; and that George Austin and he went away together upon -his horse, and that Jackson declared he would see the letter one of -the men had in his pocket; and the witness saw the direction of it was -William Battine, Esq., at East Marden.</p> - -<p>Being cross-examined by the prisoner Carter, whether Carter said he -would see the letter, he answered that both Carter and Jackson said -they would see the letter for Justice Battine; that he (the witness) -did not order his horse to be carried to the back part of the house; -and that Carter was by, when he was told by Jackson,<span class="pagenum" id="Page_85">[85]</span> that if he had a -mind to go, his horse should be led to the back part of the house.</p> - -<p>Joseph Southern deposed that on Sunday, the 14th February last, he -saw Jenkes, the two Austins, and two other men coming from Havant -towards Rowland’s Castle. One of them had a blue coat on, and rode a -grey horse; and he went to Rowland’s Castle himself that day, and saw -Jenkes, the two Austins, and the same two men sitting on horseback, -drinking at the widow Payne’s door; he stayed there best part of an -hour, and saw them and several other persons in the house; that he saw -Carter and Jackson in the house whilst he stayed there; he sat down and -drank a pint of beer by the kitchen fire, but the other persons were -in another room; that he saw the two men come out to the door and go -in again, and one of them had an handkerchief over his eye, and there -was blood upon it; that he met this man as he was going in, and heard -him say to Jackson, “I am the King’s officer, and I will take notice of -you that struck me.” That Carter was not present when this was said, -but was in the house: the man who spoke thus to Jackson had a parchment -in his hand; he likewise saw a letter in his hand, and heard him say -he was going to Justice Battine with it; that he (the witness) went -away between two and three o’clock, and did not know what became of the -letter, nor had he heard either Jackson or Carter say what became of it.</p> - -<p>This being all Mr. Southern had to say, and Jackson and Carter, though -asked particularly if they would have him asked any questions, saying -they had none, he was set down.</p> - -<p>William Garret deposed that he was at the widow Payne’s on the 14th of -February last, and saw Jackson<span class="pagenum" id="Page_86">[86]</span> and Carter and two strangers there; -that one of them who had a blue coat on, had received a stroke upon his -cheek, and the blood run down just as he came in; this man was standing -up by the back of a chair, and Jackson by him, and he heard Jackson -say, “that for a quartern of gin he would serve him so again,” by which -he understood that Jackson had struck him before. He did not hear the -man say he was the King’s officer, but he heard Jackson say, “You a -King’s officer! I’ll make you a King’s officer, and that you shall -know.” Then when he went away he left them all there.</p> - -<p>The prisoners would not ask this witness any questions.</p> - -<p>The next witness produced was William Lamb, who being sworn, deposed, -that he went to the widow Payne’s, at Rowland’s Castle, on the 14th -of February last, about four in the afternoon, and found Jackson and -Carter there; that before he went he saw one of the widow Payne’s sons -call Carter aside, at his house at Westbourne; that there were several -other people there (Rowland’s Castle) in another room, amongst whom -were Thomas Austin and two men that were strangers to him, one of whom -had on a blue great coat. He further deposed that the two men who were -strangers he understood were going with a letter to Justice Battine; -but that he saw no ill-treatment during the little time he stayed -there. He said that during the time he was there Edmund Richards, one -of the company, pulled out a pistol, and said that whoever should -discover any thing that passed at that house, he would blow his brains -out. But that Jackson and Carter, two of the prisoners, were not in -the room when these words were spoken, as he verily believes. He saw, -he said, the man in the blue great coat, pull a parchment<span class="pagenum" id="Page_87">[87]</span> out of his -pocket, and he heard him tell the people he was the King’s officer; his -wig was then off, and there was blood upon his cheek; that he saw a -letter, which he understood to be going to Mr. Battine; and Kelly and -the prisoner Carter had it in their hands, but he did not know how they -came by it; that he did not see the direction of the letter; but he -observed it was broken open when he saw it in the hands of Carter and -Kelly, and he understood, by the discourse of the company, that it was -a letter which the two strangers were to carry to Mr. Battine, but he -never heard it read.</p> - -<p>The prisoners Carter and Jackson would not ask him any questions.</p> - -<p>Richard Kent deposed, that he was at the widow Payne’s on the 14th of -February; that he saw Jackson and Carter, and many others, particularly -two strangers, who he supposed were Galley and Chater; that they took -the strangers out with them, and that Edmund Richards told him that if -he spoke a word of what he had heard or seen he would shoot him; but -Jackson and Carter were not in the room when Richards said this.</p> - -<p>George Poate deposed that he was at Rowland’s Castle on Sunday, the -14th of February last, about seven o’clock in the evening, and saw -nine men there; Jackson and Carter were two of them; he stayed there -about half an hour, and as soon as he came in he saw four or five men -with great coats and boots on, most of them upon their legs, as if -they were just going; he went and warmed himself by the kitchen fire, -and soon after he heard the stroke of a whip, repeated three or four -times, in a little room that was at the corner of the kitchen, but did -not see who gave the blows, nor<span class="pagenum" id="Page_88">[88]</span> who received them; that he afterwards -heard a strange rustling of people, more than before, and saw seven -or eight men come into the kitchen; that he knew Jackson and Carter, -and William Steel, Edmund Richards, and two that went by the names of -Little Sam and Little Harry; there were two other persons there, whom -to his knowledge he had never seen before or since, and could give no -account of them, nor did he observe how they were dressed; that soon -after he thought he heard a blow, and saw Jackson in a moving posture, -as if he had just given a blow, and was drawing up his arm in a proper -form, as if he was going to give another; but William Payne stepped up, -and called him a fool and a blockhead for so doing; upon which he sunk -his arm, and did not behave in a like manner any more in his sight; -that just as they were going out of doors, Jackson turned round with a -pistol in his hand, and asked for a belt, or string, but nobody gave -him either, and he put his pistol into his pocket, and went away with -the rest; that by the trampling of horses he supposed they all went on -horseback, but which way he knew not; it was between seven and eight -o’clock, as nigh as he could guess, when they went off; he did not hear -any conversation about one of the strangers being a King’s officer, nor -did he see the blow given, nor the person to whom the other blow was -going to be given.</p> - -<p>The prisoners Jackson and Carter said they had no questions to ask this -witness.</p> - -<p>Then his Majesty’s counsel desired that John Raise, otherwise Race, he -being an accessary to the fact, should be called, who appearing and -being sworn, deposed, that on Sunday, the 14th of February, he was at -Rowland’s Castle between twelve and one o’clock at noon; that when he -came there he found Edmund Richards, William Steel,<span class="pagenum" id="Page_89">[89]</span> the prisoners -Carter, Jackson, and Little Sam, Richard Kelly, Jackson’s wife, and -Galley and Chater; he saw Jackson take Chater to the door, and heard -him ask him if he knew anything of Dimer the shepherd, and Chater -answered he did, and was obliged to go and speak against him; that -Galley then went out to keep Chater from talking to Jackson; whereupon -Jackson knocked Galley down with his fist; that Galley came in again, -and soon after Jackson and Carter. When they were all come in, he (the -witness) with the prisoners Jackson and Carter, and Edmund Richards, -went into the back room; that there they enquired of Jackson what he -had got out of the shoemaker (meaning Daniel Chater); that Jackson -informed them that Chater said he knew Dimer and was obliged to come in -as a witness against him; that then they consulted what to do with them -(Chater and Galley)—this was about three o’clock in the afternoon: -they first proposed to carry them to some secure place, where they -might be taken care of till they had an opportunity of carrying them -over to France; and that when this proposition was made, the prisoners -Jackson and Carter, and Richards and himself were present. This -resolution was taken to send them out of the way, that Chater should -not appear against Dimer; and afterwards it was agreed to fetch a horse -and carry them away; that Galley and Chater appeared very uneasy, and -wanted to be gone; and thereupon Jackson’s wife, to pacify them, told -them that she lived at Major Battine’s and her horse was gone for, and -as soon as it came she would shew them the way to Mr. Battine’s; that -he (the witness) then went away, and saw no more of them that night.</p> - -<p>Being cross-examined at the request of the defendant’s counsel, he -said, “At this consultation there<span class="pagenum" id="Page_90">[90]</span> was nothing mentioned, as he -remembered then, but the securing them in order to carry them to -France.”</p> - -<div class="blockquot"> -<p class="hangingindent">This witness having gone thus far in his evidence, was set by for the -present; the counsel for the crown declaring that they would call him -again, to give an account of what passed on the 17th, when Chater was -murdered, after they had examined the next witness.</p></div> - -<p>Then William Steel, one of the accomplices in both the murders from -beginning to end, was sworn, who deposed that he was sent for to the -widow Payne’s on Sunday, the 14th of February; that Jackson, Little -Sam, one Kelly, and two men more, and Jackson’s wife, were there -when he came, which was about two o’clock in the afternoon, and soon -afterwards Little Harry, Carter, Edmund Richards, John Race, the last -witness, and Carter’s wife came thither; he said he did not know how -Carter or Jackson came to be there, but the widow Payne’s son came and -called him out, and said he must go to the Castle, his mother’s, for -there were two men come to swear against the shepherd; that when he -came in he found the two strangers, Galley and Chater, and Jackson, -Carter, Richards, and some others; and that they were in general sober, -but they sat drinking together about two hours; that Jackson took -Chater out of the house to examine him about Dimer; and after they had -been out some time, Galley went out to them, but soon returned, and -said Jackson had knocked him down; the witness saw he was bloody all -down the left cheek; that Jackson was not in the room when Galley came -in, but came in with Carter a little time afterwards; that then Galley, -addressing himself to Jackson, said he did not know any occasion -Jackson had to use him in that<span class="pagenum" id="Page_91">[91]</span> manner, and that he should remember it, -and took down his name in Jackson’s presence. Galley likewise said he -was an officer, and shewed his deputation to the people that were in -the room.</p> - -<p>This witness, continuing his deposition, said Galley and Chater began -to be very uneasy, and wanted to be going, but that the prisoners -Jackson and Carter, and the rest of them that were smugglers, persuaded -them to stay, and be pacified, and all things should be set right; -and the company continued drinking till Galley and Chater were quite -fuddled, and were carried into a little inner room to sleep; this was -about four or five o’clock, and they continued in the little room two -or three hours; the rest of the company sat drinking all the while, -consulting what to do with Galley and Chater. The prisoners Jackson and -Carter, and Little Sam, Little Harry, Richards, and the witness were -at the consultation. It was proposed to put them (Galley and Chater) -out of the way, because they should not appear against the shepherd, -meaning Dimer; after which it was proposed to throw them into the well -in the horse pasture, about a quarter of a mile from Rowland’s Castle, -but that it was thought not convenient to put them into a well so near, -for fear of discovery.</p> - -<p>Here the question was particularly asked Steel, the witness, which of -them it was that proposed the murdering them directly and flinging them -afterwards down the well; to which he replied, he believed he might.</p> - -<p>After this it was next proposed to join and each man to allow them -threepence a week, and to keep them in some secret place till they saw -what became of Dimer, and as Dimer was served, so these two people -(Chater and Galley) were to be served. This was talked of<span class="pagenum" id="Page_92">[92]</span> while Chater -and Galley were asleep and there was no other proposal made as he heard -at that time: but while they were talking of these things, the wives of -Carter and Jackson said it was no matter what became of them (Galley -and Chater), or what was to be done with them; they ought to be hanged, -for they were come to ruin them, meaning the smugglers. He then said -that about seven o’clock Carter and Jackson went into the inner room -and waked Galley and Chater, and brought them out of the room very -bloody and very drunk; he did not see what passed in the room, but was -sure they did not go in so bloody, and he believed Jackson and Carter -had kicked and spurred them, for they had put on their boots and spurs; -that then Jackson and Carter brought them (Galley and Chater) out into -the kitchen; and took them through to the street door all very bloody, -when they set Galley the officer upon a brown or black horse and Chater -up behind him; that Jackson, Carter and Richards put them on horseback, -and tied their legs under the horse’s belly and also their legs -together; then they tied a line to the bridle, and he (the witness) got -upon a grey horse and led them along; that just after they had turned -round the corner about 70 or 80 yards from the house, Jackson cried out -“Whip them, lick the dogs, cut them.” It was then dark, and the company -whipped and lashed them with their horse-whips, some on one side and -some on the other with great violence, on the face and head and other -parts of the body, and continued doing so while they rode about half -a mile to a place called Woodash, or Wood’s Ashes; that there they -alighted and Little Sam gave all the company a dram or two, but none to -Galley and Chater; that as they were mounted again Jackson and Carter -cried out,<span class="pagenum" id="Page_93">[93]</span> “D—n them, lick them, whip them,” and they were whipped -as before for about a mile further, and then they fell down under the -horse’s belly, with their heads upon the ground and their legs over the -saddle; upon which Jackson and Carter and some of the others of the -gang dismounted and untied Galley and Chater, and immediately set them -up again, and their legs were tied together in the same posture, and -the company went on whipping them as before till they came to a place -called Dean,<a id="FNanchor_7" href="#Footnote_7" class="fnanchor">[7]</a> which was about half a mile further. They were beat -very much, and in the judgment of the witness, it was almost impossible -they should sit their horses; that when they came to Dean somebody of -the company pulled out a pistol and said he would shoot them (Galley -and Chater) through the head, if they made any noise whilst they went -through the village. He could not tell who it was that threatened to -shoot them, but apprehends it was done for fear the people in the -village should hear them. They went on at a foot pace, and after they -got through Dean they were whipped again as before; and when they came -near a place called Idsworth, they fell down again under the horse’s -belly, and then some of the company loosed them, and set up the officer -(Galley) behind him (the witness), and Chater behind Little Sam, and in -this manner they proceeded towards Lady Holt Park, which is near three -miles from Idsworth, whipping Galley and Chater as before. But the -lashes of their whips falling upon the witness as he sat before Galley, -he (the witness) could not bear the strokes, and therefore he cried -out, and then they left off whipping Galley in that manner.</p> - -<p><span class="pagenum" id="Page_94">[94]</span></p> - -<p>This witness further said that Galley sat upon the horse till they got -to Lady Holt Park, and then being faint and tired with riding, he got -down; and then Carter and Jackson took him, one by the arms and the -other by the legs, carried him towards a well called Harris’s Well by -the side of Lady Holt Park; and then Jackson said to Carter “We’ll -throw him in the well,” to which Carter replied “With all my heart;” -and Galley seemed very indifferent what they did with him; but some of -the company saying ’twas a pity to throw him into the well, Jackson and -Carter set him up behind the witness again and Chater was still behind -Little Sam. They went on in this manner till they came to go down a -hill, when Galley was faint and tired, and could not ride any further -and got down there; upon which Carter and Jackson laid him on a horse -before Edmund Richards, with his belly upon the pommel of the saddle. -They laid him across the horse because he was so bad that they could -not contrive to carry him in any other manner, and they carried him so -for about a mile and a half from the well; that then Richards, being -tired of holding him, let him down by the side of the horse; and Carter -and Jackson put him upon the grey horse that he (the witness) was upon, -and the witness got off. They set him up, his legs across the saddle -and his body lay over the horse’s mane; that in this posture Jackson -held him on and he did not remember that anybody else held him at that -time; that they went on for about half a mile in this manner, Galley -crying out all the time “Barbarous usage! barbarous usage! for God’s -sake shoot me through the head or through the body.” He (the witness) -thought Jackson was at this time pinching him by the private parts, for -there were no blows given when he cried so;<span class="pagenum" id="Page_95">[95]</span> that Chater was still with -the company behind Little Sam, and they went on for about two miles -and a half further, the company holding Galley by turns on the horse -until they came to a dirty lane, at which place Carter and Jackson -rode forwards, and bid the rest of the company stop at the swing gate -beyond the water till they should return. Jackson and Carter left them -here and went to see for a place proper for taking care of Chater and -Galley, but soon came to them again at the swing gate and told them -that the man of the house whither they went was ill and that they -could not go thither, by which he understood that they had been in the -neighbourhood to get entertainment. It was then proposed to go forward -to one Scardefield’s, and Little Harry tied Galley with a cord and got -up on horseback behind him in order to hold him up on the horse, and -they went on till they came to a gravelly knap in the road at which -place Galley cried out “I shall fall! I shall fall!” whereupon Little -Harry said, “D—n you, then fall,” and gave him a push, and Galley fell -down and gave a spirt, and never spoke a word more. He (the witness) -believed his neck was broke by the fall; that they laid him across the -horse again and went away for Rake to the sign of the Red Lion, which -was kept by William Scardefield; that Chater was behind Little Sam and -was carried to Scardefield’s house and was very bloody when they came -to Scardefield’s; that Jackson and Little Harry went from Scardefield’s -with Chater about three o’clock in the morning and Jackson afterwards -returned to Scardefield’s and said he had left Chater at Old Mills’s, -and that Little Harry was left to look after him that he might not -escape. This was Monday, the 15th of February, and they remained all -that day at Scardefield’s; that the prisoner<span class="pagenum" id="Page_96">[96]</span> Richard Mills the younger -was there on that day, and upon hearing from Jackson and Carter that -they had passed by a precipice thirty feet deep when they had Chater -with them, he said, “If I had been there I would have called a council -of war on the spot, and he (Chater) should have gone no further,” or to -that effect.</p> - -<p>That two or three days afterwards the company met at Scardefield’s -again, to consult what to do with Chater; that the prisoners John Race, -Carter and Jackson, the prisoner Richard Mills the younger (a son -of the prisoner Richard Mills the elder), Thomas Willis, John Mills -(another son of old Mills), the prisoners Tapner, Cobby, Hammond, and -Thomas Stringer, Edmund Richards, and Daniel Perryer, and he (the -witness) were consulting what to do with Chater, and John Mills<a id="FNanchor_8" href="#Footnote_8" class="fnanchor">[8]</a> -proposed to take him out, and load a gun, and tie a string to the -trigger, and place him (Chater) against the gun, and that they should -all of them pull the string, to involve every one of them in the same -degree of guilt; but this proposal was not agreed to. Then Jackson and -Carter proposed to carry him back to the well near Lady Holt Park, -and to murder him there, which was agreed to by all the company; but -Richard Mills the younger and John Mills said they could not go with -them to the well, because they had no horses; and as it was in their -(the other persons’) way home, they might do it as well without them; -and so it was concluded to murder Chater, and then throw him into the -well.</p> - -<p>As soon as it was agreed amongst them to murder Chater and fling him -down the well, they went away<span class="pagenum" id="Page_97">[97]</span> for Rake to the house of the prisoner -Richard Mills the elder, and found Chater in a back skilling or -out-house, run up at the back of Mills’s house, a place they usually -put turf in; where they found him chained with an iron chain to a beam -in the skilling; that Chater was bloody about the head, and had a -cut upon one of his eyes, so that he could not see with it; that the -prisoner Richard Mills the elder was at home, and fetched out bread -and cheese for them to eat, and gave them drink; that the house is a -private house, no alehouse; that they all of them went to and again, -between the house and the skilling, and that the prisoner Richard Mills -the elder was at home all the while; that the prisoner Tapner bid -Chater go to prayers, and pulled out a large clasp knife, and swore -he would be his butcher; and while Chater was at prayers, he cut him -across the eyes and nose, and down his forehead, so that he bled to a -great degree. He was ordered by some others of the company to say his -prayers, for they were come to kill him, and kill him they would; and -some of the company were then in the skilling, and the rest of them -were in the house, but no one interposed to save his life; that he (the -witness) was in the skilling when Chater was advised to say his prayers -and was cut, and that Chater was chained by the leg at the time.</p> - -<p>When they had kept him there as long as they thought fit, someone -unlocked the chain and set him on horseback, and Race, Richards, Little -Harry, Little Sam, the prisoners Tapner, Stringer; the prisoners Cobby, -Hammond and Perryer; the prisoners Jackson, Carter, and the witness, -set out with him to Lady Holt Park, to carry him down to the well; -that when they came to a place called Harting, Richards, Little Harry -and Little Sam went back; and when the rest came to<span class="pagenum" id="Page_98">[98]</span> the white gate by -Lady Holt Park, Carter and Jackson left them, but first told them they -must keep along a little further, and they could not miss the well, for -there were white pales; that it was about 200 yards further, some pales -on the right hand of it, and that there were pales round the well. They -went on, found the well by the direction given them, and carried Chater -with them; that then Tapner, Hammond, Stringer and Cobby got off their -horses, and Tapner pulled a cord out of his pocket, and put it about -Chater’s neck, and led him towards the well. Chater seeing two or three -pales down said he could get through, but Tapner said, “No, you shall -get over,” and he did so with the rope about his neck; they then put -him into the well and hanged him, winding the rope round the rails, and -his body hung down in the mouth of the well for about a quarter of an -hour; and then Stringer took hold of his legs to pull him aside, and -let his head fall first into the well, and Tapner let the rope go, and -down fell the body into the well head foremost; that they stayed there -for some time, and one of the company said he thought he heard him -breathe or groan; on this they listened, and being of the same opinion, -went to one Combleach, a gardener, who was in bed, and asked him to -lend them a ladder and a rope, for one of their company had fallen down -the well; which he readily did, not thinking, as the witness verily -believed, any otherwise. They brought the ladder with them, but as it -was a long one they could not get it down the well through the hole in -the breach of the pales; when they all tried to raise it up and put it -over the pales; but then, not having strength sufficient, they laid -that part of their design aside; and looking about them found a gate -post or two, which they threw into the well and then left him.</p> - -<p><span class="pagenum" id="Page_99">[99]</span></p> - -<p>Steel, the witness, being cross-examined as to this, said, he never -heard the prisoner say he would not have them murder the man, and -added, that he was sure he must hear them talk of murdering while they -were at his house.</p> - -<p>John Race being called again, said: That after he had left the company -at the widow Payne’s on the 14th of February, he met some of the same -company and others, on the Wednesday evening following, being the 17th -of February, at Scardefield’s, at Rake; that the prisoners, Richard -Mills the younger, Carter, Jackson, Tapner, Cobby, and Hammond, with -Steel, Richards, Little Sam, Daniel Perryer, John Mills and Thomas -Willis, were there; and it was proposed at that meeting to murder -Chater. He could not say who first made the proposal, but to the best -of his knowledge, it was either Carter or Jackson, and it was agreed -to by all the company; it was not then resolved how it was to be done, -but only in general, that he was to be murdered and thrown into a well; -that they went to the house of Richard Mills the elder, to join Little -Harry, who was left there to take care of Chater, and found Chater -chained by the leg upon some turf in a skilling, at the back side of -the house; that the prisoner, Richard Mills the elder, was at home, and -ordered his housekeeper to fetch bread and cheese, and some household -beer, for any of them to eat and drink that would, and was sure that -old Mills knew that they came for Chater; that Tapner and Cobby were -very earnest to go and see Chater; and Tapner having his knife in -his hand, said, “This knife shall be his butcher”; and thereupon the -prisoner, Richard Mills the elder said, “Pray do not murder him here, -but carry him somewhere else before you do it”; that Old Mills said -this on seeing that Tapner had his knife in his<span class="pagenum" id="Page_100">[100]</span> hand, and hearing -him declare it should be his (Chater’s) butcher; that they then went -out into the skilling, and found Chater sitting upon some turf, and -Tapner ordered him to say his prayers; whilst he was repeating the -Lord’s Prayer, Tapner cut him over the face with his knife, and Cobby -stood by kicking and damning him. This, too, was whilst the poor man -was saying the Lord’s Prayer. That Chater asked them what was become -of Galley, and they told him he was murdered, and that they were come -to murder him. Upon which, Chater earnestly begged to live another -day; that Cobby asked him his name, and whether he had not formerly -done harvest-work at Selsey? To which he answered that his name was -Daniel Chater, and that he had harvested at Selsey, and there he became -acquainted with Dimer. That Little Harry unlocked the horse-lock that -was on his (Chater’s) legs, and Tapner, Cobby and Stringer brought him -out of the skilling, and set him upon Tapner’s mare, in order to carry -him to the well, to be there murdered, and thrown in; and that all -the company knew at that time what was to be done with him; that they -rode about three miles towards the well, and sometimes whipped Chater -with their horse-whips; and Tapner observing that he bled, said, “D—n -his blood, if he bloods my saddle, I will whip him again.” When they -came to Harting, Carter, Jackson, Richards, Little Sam, Little Harry, -and Steel said, “We have done our parts, and you (meaning the rest -of the company) shall do yours.” By which they meant, as he took it, -that they had murdered Galley, and that the rest should murder Chater; -and Richards, Little Sam and Little Harry, stopped there, and did not -accompany them any further; the rest went on towards the well, but -Carter and Jackson stopped before they came to it,<span class="pagenum" id="Page_101">[101]</span> and told them the -well was a little further off, describing it to them, and told them -they could not miss finding it, for it had some white pales by it, and -that it was not above 200 yards further, and then Jackson and Carter -left them; that he (the witness) and Tapner, Cobby, Stringer, Hammond, -Perryer and Steel, came to the well, got off their horses, and took -Chater off his horse, the witness was not certain which; and either -Tapner or Cobby put a cord round his neck; that there was a “shord” -in the pales about the well, and he heard Chater say he could get -through there, but Cobby or Tapner said, “D—n you, no; you shall not, -you shall get over”; that Tapner wound the cord round the pales, and -Chater being put into the mouth of the well, hung by the neck for about -a quarter of an hour, and then they loosened the rope, and turned the -body, so that it fell into the well head foremost. They stayed there -till some of the company thought they heard him breathe or groan, and -then went to get a rope and a ladder at one Combleach’s, a gardener; -that they met Jackson and Carter and told them what they had done, and -that they were going to get a rope and a ladder, for Chater was not -quite dead; that they all could not raise the ladder; so they got some -old gate-posts and stones and threw them down upon him into the well, -and then left him.</p> - -<p>The prisoner Hammond desired the witness might be asked whether when -they were at Old Mills’s, he did not offer to ride away, and make a -discovery, but was prevented by the company.</p> - -<p>Race said he never heard him say anything about it; but one of the -company, which he believed was Richards, did threaten any of the rest -who should refuse to go to the murder of Chater.</p> - -<p><span class="pagenum" id="Page_102">[102]</span></p> - -<p>Ann Pescod deposed, that two men came to her father’s on the 15th -of February, about one o’clock in the morning, and called for her -father; that she asked one of them his name, and he said it was William -Jackson. Her father who was then very ill, said they might come if they -would; that Jackson did come in, and asked if they could not bring a -couple of men there for a little while, to which she answered “No,” -because her father was ill; and thereupon Jackson turned to the other -man, and said, “We cannot think of abiding here, as the man is so ill,” -and so they went away. She saw that Jackson’s hand was bloody.</p> - -<p>She was ordered to look at the prisoners Jackson and Carter, and see if -they were the two men that came, and she said Jackson was one, for that -she took particular notice of him, his hand being bloody, and that she -verily believed Carter was the other.</p> - -<p>Then the King’s Counsel called William Scardefield, who deposed that he -kept the Red Lion, at Rake, in the parish of Rogate, and that in the -night, between the 14th and 15th of February, Jackson and Carter, with -Steel and Richards, came to his house and called out to him, “For God’s -sake get up and let us in”; then he let them in, and saw they were -bloody. He asked them how they came to be so; and they said they had an -engagement and lost their goods, and some of their men they feared were -dead and some wounded. That they said they would go and call them that -were at the other public-house; and while he was gone into the cellar, -he heard horses come to the door; and some of the men went into the -kitchen, some into the brewhouse, and some into the parlours. That he -saw two or three men in the brewhouse, and there lay something like a -man before them in the brewhouse, by the brewhouse<span class="pagenum" id="Page_103">[103]</span> door, and he heard -them say he was dead. That some of them calling for liquor, he carried -a glass of gin into the parlour, and saw a man standing upright in -the parlour, with his face bloody and one eye swelled very much. That -Richards was in the parlour with the man, and objected to his coming -in, and Carter and Jackson and three others were then in the brewhouse, -and Steel was with them. After they had drunk three mugs of hot, they -got their horses out and sent him down for some brandy and rum, but -when he came up with it they were gone 20 yards below the house, though -several of them came back to drink, one or two at a time. That he did -not know what became of the man that he saw in the parlour; but he -observed they separated into two companies; that one of the company, a -little man, asked him if he did not know the place where they formerly -laid up some goods; and the prisoner Carter came back, and said they -must have a lantern and spade. That Richards fell in a passion because -he refused to go along with them, and upon seeing him coming towards -them with a light, the company parted: that he saw a horse stand at a -little distance, and there seemed to him to be a man lying across the -horse, and two men holding him on, and he believed the person he saw -lying across the horse was dead, but he was not nigh enough to see -whether he was or not. That when they came to the place, one of the -little men began to dig a hole; and it being a very cold morning, he, -the witness, took hold of the spade and helped to dig; and in that -hole the company buried the body that lay across the horse. That on -the Wednesday or Thursday following, about twelve or one at noon, the -prisoners Jackson and Carter, and all the rest of the company came -again to<span class="pagenum" id="Page_104">[104]</span> his house; and the prisoners Richard Mills the younger, and -his brother John, were sent for, and came to them.</p> - -<p>Edward Sones proved that on the 16th or 17th of September last he found -the body of a dead man in a well in Harris’s Wood, within 200 yards -of Lady Holt House, and that there were two pieces of timber over the -body. That he went immediately to get the coroner’s inquest, and when -he came back he saw the man had boots on, and there was a rope about -his neck; that the well is by Lady Holt Park, in the county of Sussex.</p> - -<p>Mr. Brackstone produced the boots and a belt that were taken off the -body, and given him by the Coroner.</p> - -<p>Mrs. Chater, the widow of Daniel Chater, deposed that she remembered -her late husband set out from Southampton on the 14th February last, -and that she had never seen him since that time; she looked upon the -belt produced by Mr. Brackstone, and said she knew it was the same belt -her husband had on when he set out from home, by a particular mark in -it; and she believed the boots produced were likewise her husband’s.</p> - -<p>Mr. Sones proved also, that the horse which Chater set out upon was -found about a month afterwards and delivered to the owner.</p> - -<p>The King’s Counsel submitted it here.</p> - -<p>Mr. Justice Foster acquainted the prisoners that the King’s Counsel, -having gone through their evidence, it was now time to offer what they -could in their own defence.</p> - -<p>He repeated to each of the prisoners the particular facts the evidence -had charged him with, and asked them severally what they had to say to -clear themselves of that charge.</p> - -<p><span class="pagenum" id="Page_105">[105]</span></p> - -<p>To which the prisoner Tapner said he did not know that they were going -to murder the man, but Jackson and Richards threatened to kill him if -he would not go with them, and he received three or four cuts from -Hammond or Daniel Perryer, but he did not know which; that Richards and -another man tied the rope; and he denied that he drew a knife and cut -Chater across the face.</p> - -<p>Mr. Justice Foster told him, that supposing he was threatened in the -manner he insisted on, yet that could be no legal defence in the -present case; and that in every possible view of the case, it was -infinitely more eligible for a man to die by the hands of wicked men, -than to go to his grave with the guilt of innocent blood on his own -head.</p> - -<p>Cobby said he did not know what they were going to do with the man, -that he never touched him, and he knew nothing of the murder.</p> - -<p>Hammond said when he understood what they were going to do, he wanted -to go off and make a discovery; but the company prevented him; and that -by the company he meant all the prisoners.</p> - -<p>Richard Mills the elder, said he did not know what they were at, and -did not think they would hurt the man; and did not know he was chained -till after they were gone away.</p> - -<p>Richard Mills the younger, said he knew nothing of the matter, and -never saw either of the men (Galley and Chater) in his life; he -acknowledged that he was at Scardefield’s house, but said he knew -nothing of the murder, and denied the charge; that Scardefield was the -only witness he had, for he (Scardefield) knew when he came, and how -long he stayed there.</p> - -<p>Jackson said, the man who said he would be Chater’s<span class="pagenum" id="Page_106">[106]</span> butcher, was his -butcher, and nobody else, that he (Jackson) was not by when he was -murdered, and was not guilty of it.</p> - -<p>Mr. Justice Foster cautioned him not to deceive himself, and told him -that with regard to the present charge, it was not necessary that he -should have been present at the murder; he was not charged with being -present, but as an accessary before the fact in advising and procuring -the murder to be done: and that was the fact he was called upon to -answer.</p> - -<p>Carter said that when he went to the widow Payne’s, he only thought -they were going to carry the men out of the way, till they saw what -should become of Dimer, and that he never laid hands upon them; and -went along with the company to prevent mischief.</p> - -<p>Scardefield, the witness, was then called again, and Richard Mills -the younger, being asked whether he would ask him any questions, only -desired he might be asked what time he came to his house, and how long -he stayed there; to which Scardefield answered, that Mills came to his -house about half an hour after one; stayed there about an hour and a -half, and went away on foot.</p> - -<p>The rest of the prisoners said they had not any witnesses.</p> - -<p>Upon which, Mr. Justice Foster opened to the jury the substance of -the indictment as before set forth; and told them that whether the -prisoners or any of them were guilty in manner as therein they are -severally charged, must be left to their consideration, upon the -evidence that had been laid before them.</p> - -<p>That in order to enable them to apply the evidence to the several -parts of the charge, it would be proper for him first to acquaint them -how the law determines in cases of this nature; that with regard to -the persons<span class="pagenum" id="Page_107">[107]</span> charged as principals, wherever several persons agree -together to commit a murder, or any other felony, and the murder or -felony is actually committed, every person present aiding and abetting -is, in the eye of the law, guilty in the same degree, and liable to -the same punishment as he who actually committed the fact. And the -reason the law goes upon is this, that the presence of the accomplices -gives encouragement, support and protection to the person who actually -commits the fact; and at the same time contributes to his security.</p> - -<p>That it is not necessary that the proof of the fact, in cases of this -nature, should come up to the precise form of the indictment; for if -the indictment charges that A did the fact, and that B and C were -present, aiding and abetting, if it be proved that B did the fact, and -that A and C were present aiding and abetting, they will be all guilty -within the indictment.</p> - -<p>That accessaries before the fact are those who, not being present in -any sense of the law at the time the fact is committed, have advised -or otherwise approved the fact to be done. These persons, in the case -of wilful murder, will be liable to the same punishment as those who -committed the murder by their instigation, advice or procurement.</p> - -<p>He then summed up the evidence very largely, and applied it to the -case of the several prisoners, and concluded, that if upon the whole, -the jury should be of opinion that either of the principals (Tapner, -Cobby, Hammond, or the others charged as principals in the indictment) -did strangle the deceased, and that the prisoners Tapner, Cobby, and -Hammond were present aiding and abetting, they will be within this -indictment.</p> - -<p><span class="pagenum" id="Page_108">[108]</span></p> - -<p>And if they should be of opinion that the prisoners charged as -accessaries before the fact, did advise, consent to, or procure the -murder, they likewise will be guilty within this indictment, though -they were not present when the fact was committed.</p> - -<p>The jury, after some little consideration, gave their verdict, that -Tapner, Cobby, and Hammond were guilty of the murder, as laid in the -indictment: And</p> - -<p>Richard Mills the elder, Richard Mills the younger, William Jackson, -and William Carter, were guilty, as accessaries before the fact.</p> - -<hr class="tb" /> - -<p class="r1"><i>Chichester, January 18th, 1748–9.</i></p> - -<p>The Judges being in court, the prisoners who were convicted yesterday -were all put to the bar; but Cobby, Hammond, Tapner, and the Mills’s -were set aside, and Jackson and Carter set forward in order to be tried -for the murder of William Galley.</p> - -<p>Then the Clerk of the Arraigns bid William Jackson and William Carter -to hold up their hands, which they did, and he then read over to them -the indictment on which they had been arraigned the day before, as -principals in the murder of William Galley, and to which they had -pleaded Not Guilty.</p> - -<p>Mr. Steele opened the indictment to the jury, and Mr. Bankes, the -King’s Counsel, spoke to much the same purport as he had done the day -before.</p> - -<p>Mr. Smythe, another of the King’s Counsel, spoke as follows, viz.: “I -shall only add a word or two, to explain why these two men, who were -convicted yesterday as accessaries before the fact to the murder of -Chater, and thereby liable to suffer death, should be tried a second -time as principals for the murder of Galley:</p> - -<p><span class="pagenum" id="Page_109">[109]</span></p> - -<p>“The reasons for it are, in the first place it will be necessary to -convict them as principals for the murder of Galley, otherwise the -accessaries to that murder, either before or after the fact, cannot be -convicted.</p> - -<p>“Another reason is, as the intention of all prosecutions, as well as -punishments, is not so much to revenge and punish what is past, as to -deter others from committing the like crimes, it may be of service -to the public to have every circumstance of this cruel transaction -disclosed, to shew how dangerous to their neighbours, and to the -country in general, those persons are who are concerned in smuggling, -and how much it concerns every man to use his utmost endeavours to -suppress, and bring them to justice. And it may have another good -effect in preventing persons from engaging in that lawless practice -when they see it consequently engages them in crimes, which at first -they might never intend; for I believe, if these unhappy men had been -told when they first began smuggling, that the time would come when -they would coolly bathe their hands in the blood of two innocent men, -bad as they now are, they would then have been shocked and startled at -the imagination of it; yet the men are so naturally led from one vice -to another, that having once transgressed the laws of their country, -they have insensibly arrived at such a height of wickedness, as to -commit this heinous crime without the least hesitation or remorse.”</p> - -<p>After which the following witnesses were called for the Crown, viz.:—</p> - -<p>Mr. Milner, Mr. Shearer, William Galley, son of the deceased, were -severally produced and sworn, and Mr. Milner, Mr. Shearer, William -Galley gave the same evidence as on the former trial; as did Mr. Edward -Holton of the deceased and Chater’s calling on him at<span class="pagenum" id="Page_110">[110]</span> his house at -Havant, on Sunday, the 14th of February, 1747–8.</p> - -<p>Robert Jenks also proved upon the trial the same as he did upon the -former, with this addition:</p> - -<p>That when they were at the widow Payne’s, Jackson and Carter both said -they would see the letter for Justice Battine, because they thought the -men were going to swear against the smugglers; that both Jackson and -Carter hindered him from going through the room where the two men were; -and that one of the men had on a blue great coat.</p> - -<p>Being cross-examined at the request of Carter, whether he hindered him -from going through the room,</p> - -<p>Answered that both the prisoners did.</p> - -<p>Joseph Southern, William Lamb, William Garrett and George Poate, proved -the same as upon the former trial.</p> - -<p>John Race, to the first part of his evidence relating to his -transactions at the widow Payne’s, added, that the blood ran down from -Galley’s head and face, on Jackson knocking him down; and that Jackson -and Carter were not fuddled when he went away.</p> - -<p>Being asked if he was certain the two prisoners were present at -Rowland’s Castle at the consultation that was had to take the men -Galley and Chater away and confine them, said, Yes, he was sure they -were both present.</p> - -<p>William Steel, to his former evidence, added, that whilst they were -at the widow Payne’s, Jackson said, that if any of the gang went away -from them, he would shoot them through the head, or through the body, -or serve them as bad as the two men should be served. That he supposed -Jackson meant by this, that he would murder any of their own company, -or use any<span class="pagenum" id="Page_111">[111]</span> of them as ill as they did the officer and Chater, if they -left them; that when the company left off whipping Galley with their -thongs and lashes of their whips, as mentioned in the former trial, -because the lashes of the whips reached this witness, they beat him -with the butt-end of their whips, which were very heavy, and loaded -with lead, till one of their whips was beat all to pieces. That the -gravelly knap, where Galley was pushed off the horse, when he died, was -in Conduit-lane, in Rogate parish; and Little Harry pushed him in the -back, and shoved him down; and that Jackson and Carter, Little Sam, and -Richards, were in company when he died; and that they laid his body -upon a horse, and one man held him on one side, and another on the -other side, and so they led the horse along. That Carter and Jackson -went before to call Scardefield up, and when they came there, they laid -Galley’s body down in the brewhouse, at Scardefield’s, and carried -Chater into another room; that they drank every one a dram, and Jackson -and Carter asked Scardefield if he knew any place to bury that man in, -and he said “No.” But they said he must go with them; and they got a -spade, and a candle and lantern, and they laid Galley on horseback -again, and he (the witness), Carter, Little Sam and Scardefield, went -back for about a mile, and he held the horse whilst Scardefield, Carter -and Little Sam went to find the place to bury him in; and when they -had found it, Carter and Sam came back to him, and left Scardefield -to dig the grave. They went and buried him there, and returned back -to Scardefield’s again; that Jackson told them that whilst they were -burying Galley, he and Little Harry went to carry Chater to Old -Mills’s; that they buried Galley two or three feet deep in the heart of -a sand pit. The time at<span class="pagenum" id="Page_112">[112]</span> which they buried him was about three or four -o’clock in the morning.</p> - -<p>Being cross-examined, and asked by Carter, whether he (Carter) struck -Galley; answered that they all struck him.</p> - -<p>Being asked at the request of the prisoners’ Counsel, what was the -consequence of that thrust which Little Harry gave Galley, when he -fell the last time; answered that he thought by the fall Galley’s neck -was broke, because as soon as he was down he gave himself a turn, -and stretched out his hands and legs, and never stirred or spoke -afterwards; that Galley was not falling till Little Harry gave him -the push. Said that he did not know the parish of Rogate, or that the -place where Galley died was within that parish, any otherwise than that -he had been there since, and several people said it was the parish of -Rogate.</p> - -<p>Mr. Staniford, who was Counsel for the prisoners, moved, that the place -where Galley died was not in the county of Sussex, and therefore the -prisoners must be acquitted of this indictment; for that the present -special commission, by which their lordships were trying the prisoners, -was only to enquire into murders and felonies committed in the county -of Sussex.</p> - -<p>Whereupon the Counsel for the King replied that they would undertake to -prove the place in the county of Sussex; and for that purpose William -Steel was then asked whether the gravelly knap where Galley died was in -the county of Southampton or in the county of Sussex; answered that he -could not tell. That he had never heard, as he remembered, what county -that place was in, but he was carried thither last Friday to see the -place, and he shewed to some people then present the spot of ground -where Galley fell off the horse and died,<span class="pagenum" id="Page_113">[113]</span> and he believed he should -know one of the men that were with him.</p> - -<p>John Aslett being called up, Steel said he was one of the men that was -there.</p> - -<p>Aslett was then sworn, and proved that he was with Steel and some -dragoons on Friday last; that Steel pointed down to the ground with -a stick, and said, “There the man died”; that he (the witness) took -particular notice of that place, and is sure it was in the parish of -Harting in Sussex; that he now lives at Harting, and was born and bred -just by, and had lived there ever since he was a lad, and served the -offices of surveyor and constable.</p> - -<p>Steel, being cross-examined, was asked how he could remember the place -so as to be sure of it; said he knew the place very well again by the -little gravelly rising of the ground.</p> - -<p>William Scardefield proved the same as in the former trial, with the -following facts relating to the burial of Galley: that one of the gang -asked him if he knew the place where they laid up some goods about a -year-and-a-half ago, and he told them he did; upon which the man said, -“You must go along with us,” but the witness told him his wife was ill, -and he could not leave the house; and then Carter came in and asked -for a lantern, and Edmund Richards told him he must go with them, to -which he replied, if he must go, he must; that when he came down the -hill a little way from his own house, he saw two companies, one on the -right and the other on the left; that Carter, Steel, and a short man -he did not know, went on to the place, and one of them came up after -him, and he told him where it was; upon which they brought the horse -up to a rough kind of a dell, and the short man fell a-digging,<span class="pagenum" id="Page_114">[114]</span> and -it being a very cold night, he (the witness) took the spitter and dug -to keep himself warm; there seemed to him to be a man upon the horse, -and it fell into the pit like a dead man, and they covered it up; and -he verily believed it to be the body of a man, but he did not help to -put it in, and was about three or four yards from it; he never went -nigh the ground afterwards, and did not see the body of a man upon the -horse afterwards, or anywhere else; that the earth was thrown over the -pit, and the short man did most of the work; and he did not enquire, or -choose to ask any questions about it.</p> - -<p>Edward Sones proved the finding the body of a dead man, in a fox earth, -within three-quarters of a mile of Rake; there were boots upon the -legs, and a glove upon one hand; that the body was much perished, and -had a waistcoat and breeches on.</p> - -<p>John Greentree produced a coat which he took up beyond Harting Pond in -the public road, on the 15th of February last, and swore that there -were some writings and a letter-case in the pocket, which he said he -should know if he was to see them again.</p> - -<p>Upon this a parchment was delivered into court by Justice Battine, and -shewn to the witness, who said it was the same that he found in the -coat pocket.</p> - -<p>It was then read, and appeared to be a deputation under the -commissioners of the customs, dated April, 1731, appointing Galley to -be a tidesman in the port of Southampton.</p> - -<p>William Galley, son of the deceased, looked at the coat which the -witness produced, and proved it to be a coat his father had on the 14th -of February, 1747–8, when he set out with Chater for Major Battine’s to -carry a letter to the Major.</p> - -<p><span class="pagenum" id="Page_115">[115]</span></p> - -<p>John Greentree was called again, and said that the coat was very bloody -when he found it.</p> - -<p>The King’s counsel submitted it here, upon which the prisoners being -called upon to make their defence,</p> - -<p>The prisoner Carter said he never intended to hurt the man, and never -struck him, and only intended to carry him away to take care of him -till they knew what became of Dimer; and that he had not any witnesses.</p> - -<p>The prisoner Jackson said little or nothing, only that he did not kill -the man, nor did he know who did.</p> - -<p>The prisoners having neither of them any witnesses to produce, Mr. -Justice Foster opened to the jury the substance of the indictment, -as before set forth, and told them that where several people joined -to do an act in itself unlawful, and death ensues from anything done -in prosecution of that unlawful design, they will be all considered -as principals in murder, if they were all present aiding or abetting -therein; that it was not necessary that each of the prisoners at the -bar should be guilty of every single abuse that was offered to the -deceased in the long series of barbarities the witnesses of the crown -had laid before them; if all or any of these abuses contributed to his -death, and the prisoners at the bar were engaged in the several designs -against him, and present aiding and abetting the others, they will be -guilty within this indictment.</p> - -<p>He summed up the evidence very largely, and applied it to the case of -the prisoners; and then left it to the consideration of the gentlemen -of the jury.</p> - -<p>The jury, after some little consideration together, gave their verdict, -that William Jackson and William Carter were both Guilty.</p> - -<p>The counsel for the crown then moved for judgment; and all the seven -prisoners being set to the bar, and<span class="pagenum" id="Page_116">[116]</span> severally asked what they had to -say why judgment of death should not pass on them, Old Mills said he -had nothing to say, only that he knew nothing of the murder of Chater.</p> - -<p>Young Mills said he was not at Scardefield’s a quarter of an hour; and -that it was by accident he called there, and that he knew nothing of -the murder.</p> - -<p>Hammond and Cobby said they were compelled to stay by Richards and -Jackson, and that they would have made their escape, but could get no -opportunity to do so.</p> - -<p>Tapner said he did not cut Chater across the face, neither could he -tell who did.</p> - -<p>Jackson and Carter said that they had nothing more to say than what -they had already said,</p> - -<p>And none of the prisoners or their counsel having anything to offer in -arrest of judgment, Mr. Justice Foster spoke to them as follows:—</p> - -<p>“Benjamin Tapner, John Cobby, John Hammond, William Jackson, William -Carter, Richard Mills the elder, and Richard Mills the younger, you -have been convicted upon very full and satisfactory evidence of the -murder of Daniel Chater; three of you as principals, and the rest as -accessaries before the fact.</p> - -<p>“And you, William Jackson and William Carter stand further convicted as -principals in the murder of William Galley.</p> - -<p>“Deliberate murder is most justly ranked amongst the highest crimes -human nature is capable of; but those you have respectively been -convicted of, have been attended with circumstances of very high and -uncommon aggravation.</p> - -<p>“The persons who have been the objects of your fury, were travelling on -a very laudable design, the advancement<span class="pagenum" id="Page_117">[117]</span> of public justice. For this -they were beset in their inn, tempted to drink to excess, and then laid -asleep in an inner room, while a consultation was held in what manner -to dispose of them: and in the end a resolution was taken to carry them -to some distant place and to dispatch them by some means or other.</p> - -<p>“In consequence of this resolution they were set on horseback, and -exercised with various kinds of cruelty for many hours together, till -one of them sunk under the hardships he suffered and died upon the road.</p> - -<p>“The other was carried to a place of safe custody, there kept chained -on a heap of turf, expecting his doom for three days. During this -dreadful interval, a second consultation was held, and a resolution -taken to dispatch him too; not a single man of thirteen who were -present offering a word in his behalf.</p> - -<p>“He was accordingly hurried to his death; and though he begged -earnestly to live but one day longer, that small respite was denied -him. I will not repeat every circumstance: but I cannot forbear putting -you in mind of one. When the poor man was told he must die that very -night, some of you advised him to say his prayers, and accordingly he -did address himself to prayer.</p> - -<p>“One would have hoped that this circumstance should have softened your -hearts, and turned you from the evil purpose you were bent upon. Happy -had it been for you, if you had then reflected, that God Almighty was -witness to every thing that passed among you, and to all the intentions -of your hearts!</p> - -<p>“But while the man, under great distraction of thought, was -recommending his soul to mercy, he was interrupted in his devotion by -two of you in a manner I scarce know how to repeat.</p> - -<p><span class="pagenum" id="Page_118">[118]</span></p> - -<p>“I hope your hearts have been long since softened to a proper degree -of contrition for these things; and that you have already made a due -preparation for the sentence I am now to pass upon you.</p> - -<p>“If you have not, pray lose not one moment more. Let not company, or -the habit of drinking, or the hopes of life divert you from it; for -Christian charity obliges me to tell you that your time in this world -will be very short.</p> - -<p>“Nothing now remains but that I pass that sentence upon you which -the Law of your Country, in conformity to the Law of God, and to the -practice of all ages and nations, has already pronounced upon the crime -you have been guilty of. This court doth therefore award that you, -Benjamin Tapner, William Carter, John Hammond, John Cobby, Richard -Mills the elder, Richard Mills the younger, and William Jackson, and -each of you shall be conveyed from hence to the prison from whence you -came, and from thence you shall be led to the place of execution, where -you shall be severally hanged by the neck, until you shall be dead, and -the Lord have mercy upon your souls.”</p> - -<hr class="tb" /> - -<p>Having now completed the trials of these seven bloody criminals, I -shall next give you the short Appendix which has been published by -three of the clergymen who attended them after their conviction, and -who have signed their names to the same, after which I shall give a -much fuller account of their wicked lives and behaviour.</p> - -<p>After sentence, the prisoners were carried back to Chichester gaol. The -court were pleased to order them all for execution the very next day, -and that the bodies of Jackson, Carter, Tapner, Cobby, and Hammond, -the<span class="pagenum" id="Page_119">[119]</span> five principals, should be hung in chains. Accordingly, they were -carried from the gaol, to a place called the Broyle, near Chichester; -where, in the presence of a great number of spectators, on Thursday, -the 19th day of January last, about two o’clock in the afternoon, all -of them were executed, except Jackson, who died in jail, about four -hours after sentence of death was pronounced upon him.</p> - -<p>The heinousness of the crimes of such notorious offenders may possibly -excite in the reader a desire to be informed of their respective -behaviour whilst under sentence of death, and at the place of -execution; to satisfy which is subjoined the following authentic -account, under the hands of the several clergymen who attended them -alternately in gaol, and together at the place of execution:—</p> - -<p>“The first time I went to the malefactors under condemnation, being the -evening after sentence was passed upon them, I prayed with them all; -viz., Carter, Tapner, Cobby, Hammond, and the Mills’s (Jackson being -dead just before I went to the gaol) but many persons being present, -I had no opportunity of saying any thing material, and therefore told -them I would visit them early the next morning, which I did accordingly.</p> - -<p>“After prayers, I talked with them about their unhappy condition, and -the heinous crimes that brought them into it. I asked them if they -desired to receive the Sacrament; they all and each of them desired -that I would administer it to them; accordingly I attended them again, -about ten o’clock, for that purpose; and during the whole time of -my performing that office, they all behaved with great decency and -devotion, especially Carter and Tapner.</p> - -<p>“Afterwards I put the following questions to them,<span class="pagenum" id="Page_120">[120]</span> and desired they -would be sincere in their answers as dying men; first, whether they -did not acknowledge the sentence that was passed upon them to be just, -and what they highly deserved? Carter, the most sensible and penitent -amongst them, first answered, Yes; as did afterwards Tapner, Cobby, and -Hammond; but the two Mills’s did not.</p> - -<p>“Secondly, I asked them whether they forgave everybody; they all and -each answered they forgave all the world. Tapner then owned that Edmund -Richards and another were the cause of his ruin, but yet forgave them.</p> - -<p>“Carter laid his ruin to Jackson for drawing him from his honest -employment.</p> - -<p class="r4">“<span class="smcap">John Smyth</span>,</p> - -<p class="r1">“Curate of St. Pancras, in Chichester.”</p> - -<hr class="tb" /> - -<p>“Both Carter and Tapner, a few hours before their execution, confessed -to me that they with several others assembled together with a design -to rescue Dimer out of Chichester gaol; that the only person amongst -them who had arms was Edmund Richards; but that being disappointed -by a number of persons who had promised to join them from the East, -their scheme was frustrated and their purpose carried no further into -execution; that one Stringer<a id="FNanchor_9" href="#Footnote_9" class="fnanchor">[9]</a> was at the head of this confederacy, -but not present with them at the time of their assembling together.</p> - -<p class="r4 smcap">“Simon Hughes,</p> - -<p class="right">“Vicar of Donnington in Sussex.”</p> - -<p><span class="pagenum" id="Page_121">[121]</span></p> - -<p>“Benjamin Tapner, of West Stoke, in Sussex, labourer, son of Henry -Tapner, of Aldingbourne, Sussex, bricklayer, aged 27, before he was -turned off, owned the justice of his sentence, and desired all young -persons to take warning by his untimely end, and avoid bad company, -which was his ruin. When in gaol, before he was brought out for -execution, he said he did not remember he put the rope about Chater’s -neck.</p> - -<p>“William Carter, of Rowland’s Castle, thatcher, son of Wm. Carter, of -East Meon in Hants, aged 39, at the place of execution and in gaol, -confessed the justice of the sentence passed upon him, and acted more -suitably to a person in such unhappy circumstances than any of them; he -likewise at the gallows, cautioned every one against those courses that -had brought him to so shameful an end.</p> - -<p>“Tapner and Carter, when all the ropes were fixed, shook hands, but -what or whether any words then passed between them, was not heard.</p> - -<p>“Richard Mills the elder, of Trotton, in Sussex, colt-breaker, son -of —— Mills of List, in Hants, labourer, aged 68, was unwilling to own -himself guilty of the fact for which he died, and said he never saw -Chater; but being asked whether he never heard him, as he was confined -so long in the next room to that in which he generally sat, made no -answer.</p> - -<p>“Richard Mills the younger, of Stedham, colt-breaker, son of the -aforesaid Richard Mills, aged 37, would willingly have been thought -innocent; and it being put to him whether he made that speech about -the council of war, &c., and whether he was not at the consultation, -denied both; but in the latter Tapner confronted him, and said, ‘Yes, -young Major, you was there;’ to which Mills replied, ‘Ay, for a quarter -of an hour or<span class="pagenum" id="Page_122">[122]</span> so,’ or to that purpose. It so happened that his rope -was first fixed to the gallows, and a considerable time was taken up -in fixing the rest, which interim he might have much better employed -than he did in gazing at the spectators, and then at the hangman (while -tying the ropes of the other malefactors) till the cart was almost -ready to drive away.</p> - -<p>“John Cobby of Sidlesham, in Sussex, labourer, son of James Cobby of -Birdham, in Sussex, carpenter, aged 30, appeared to be very dejected, -and said but little in gaol, and little at the gallows.</p> - -<p>“John Hammond of Bersted, in Sussex, labourer, son of John Hammond of -the same place, labourer, aged 40, seemed likewise very much dejected, -and had little to say for himself, excepting his pretending that the -threats of Jackson, Carter and the rest, were the occasion of his being -concerned in the murder.</p> - -<p>“Cobby’s excuse was much the same.</p> - -<p>“They all, except the two Mills’s, seemed sensible of the heinous -nature of the crime for which they died, and behaved as became men in -their unhappy condition, more particularly Carter; but the Mills’s, -father and son, appeared hardened and unaffected, both in the gaol and -at the gallows, especially the son, who seemed by his behaviour, even -when his rope was fixed to the gallows, to be as little moved at what -he was about to suffer, as the most unconcerned spectator. However, -just before the cart drove away, he and his father seemed to offer up -some prayers to God.</p> - -<p class="r4 smcap">“R. Sandham,</p> - -<p class="right">“Vicar of Subdeanry in Chichester.</p> - -<p class="r4 smcap">“John Smyth,</p> - -<p class="r2">“Curate of St. Pancras.”</p> - - -<p><span class="pagenum" id="Page_123">[123]</span></p> - -<p>As Jackson died so soon after condemnation, no other account can be -given of him, than he was of Aldsworth, near Rowland’s Castle, in -Hampshire, labourer, aged about 50 years; and that being very ill all -the time of his trial, as he had been for a considerable time before, -was shocked at the sentence of death, and the apprehensions of being -hung in chains, to such a degree as hastened and brought on his death -before he could pay the forfeit of his life in that ignominy to which -he was most deservedly doomed, and more particularly due to him as a -ringleader in the most cruel and horrid barbarities and murders.</p> - -<p>He professed the Romish religion some years before his death, and -that he died a Roman Catholic may very reasonably be presumed from a -printed paper that was found carefully sewed upon a linen purse in his -waistcoat pocket immediately after his death, supposed to be a popish -relique, and containing the following words, viz.:—</p> - -<p class="center p-left">“Sancti tres Reges<br /> -Gaspar, Melchior, Balthasar,<br /> -Orate pro Nobis nunc et in Hora Mortis Nostræ.<br /> -Ces Billets ont touche aux trois Testes de S. S. Roys<br /> -a Cologne.</p> - -<p>Ils sont pour Des Voyageurs, contre Les Malheurs de Chemins, Maux de -Teste, Mal-cadaque, Fievres, Sorcellerie, toute sorte de Malefice, -Morte subite.”</p> - -<p>In English thus:</p> - -<p class="center p-left">“Ye three Holy Kings,<br /> -Gaspar, Melchior, Balthasar,<br /> -Pray for us now, and in the hour of death.<br /> -These papers have touched the three heads of the Holy<br /> -Kings at Cologne.</p> - -<p>They are to preserve travellers from accidents on<span class="pagenum" id="Page_124">[124]</span> the road, headaches, -falling sickness, fevers, witchcraft, all kinds of mischief and sudden -death.”</p> - -<p>The body of William Carter was hung in chains in the Portsmouth road, -near Rake, in Sussex; the body of Benjamin Tapner on Rook’s Hill, near -Chichester; and the bodies of John Cobby and John Hammond upon the sea -coast, near a place called Selsea Bill, in Sussex, where they were seen -at a great distance, both east and west.</p> - -<p>The bodies of the Mills’s, father and son, having neither friend or -relation to take them away, were thrown into a hole, dug for that -purpose, very near the gallows, into which was likewise thrown the -body of Jackson. Just by is erected a stone having the following -inscription, viz.:—</p> - -<div class="blockquot"> - -<p class="hangingindent">“Near this place was buried the body of William Jackson, a -proscribed smuggler, who upon a special commission of Oyer -and Terminer, held at Chichester, on the 16th day of January, -1748–9, was with William Carter, attainted for the murder -of William Galley, a custom-house officer; and who likewise -was, together with Benjamin Tapner, John Cobby, John Hammond, -Richard Mills the elder, and Richard Mills, the younger, his -son, attainted for the murder of Daniel Chater; but dying in -a few hours after sentence of death was pronounced upon him, -he thereby escaped the punishment which the heinousness of his -complicated crimes deserved, and which was the next day most -justly inflicted upon his accomplices.</p> - -<p class="hangingindent">“As a memorial to posterity, and a warning to this and -succeeding generations,</p> - -<p class="center p-left">“This stone is erected<br /> -“A.D. 1749.”</p> -</div> - -<p><span class="pagenum" id="Page_125">[125]</span></p> - - -<p>Having now given an account of the behaviour of these seven bloody -criminals, as occurred to the three clergymen who attended them after -their receiving sentence of death, and who signed their names to the -same; we shall now insert the account of their behaviour from the time -of their being brought to Chichester gaol, to their execution, which -account was taken by two persons who constantly attended on them, and -is what occurred at the times the clergymen before-mentioned were not -present; and are inserted to make this account complete.</p> - -<p>The seven prisoners that were condemned, together with William -Combleach the gardener, committed on suspicion of being concerned in -the murder of Daniel Chater, were brought from Horsham gaol, in one -waggon under a strong guard of soldiers, to Chichester, on Friday the -13th January, 1748–9.</p> - -<p>Jackson being sick, was kept upstairs in a room by himself; and the -other seven, William Combleach being with them, were put in a lower -room, all ironed and stapled down, and well guarded; but behaved very -bold and resolute, and not so decently as became people in their -circumstances. They ate their breakfast, dinner and supper regularly, -without any seeming concern, and talked and behaved freely to everybody -that came to see them. Old Mills looking out of a window the day after -they came there, which was market-day, young Mills said to Tapner, “D—n -the old fellow, he will have a stare out.”</p> - -<p>1. Richard Mills, sen., was formerly well respected by the gentlemen -of the county; but having had for many years concerns with the -smugglers, and a smuggler himself, and having prevailed on his sons to -go a-smuggling likewise, he lost most of his business<span class="pagenum" id="Page_126">[126]</span> and character. -He frequently said, that he was only sorry for his sons, for as to -himself, he was under no trouble, for he was sure that he could not, -according to the common course of nature, live above a year or two -longer.</p> - -<p>A few hours after sentence was passed upon him, a clergyman who lived -near him, went to see him in the gaol, in order to discourse with him -and bring him to a true sense of his deplorable condition; to which -purpose he recommended him to make use of his few remaining moments -in preparing for eternity. While the clergyman was thus seriously -talking to him about the concerns of his soul, the old man interrupted -him and said, “When do you think we shall be hanged?” The gentleman, -after reproving him for the little concern he discovered about the -more important affairs of another world, told him he believed his time -was very short, and that he thought his execution would be ordered -some time the next day, but could not exactly say at what hour. Mills -replied, that as to the murder it gave him but little trouble, since he -was not guilty of it; but as to the charge of smuggling, he owned he -had been concerned in that trade for a great many years, and did not -think there was any harm in it.</p> - -<p>Being particularly asked, if he did not know that Chater was kept -chained in his turf-house, he answered very indifferently, that he -could not tell, he believed he did, but what was that to the murder? -But being told that his maid, Ann Bridges, had declared upon oath, -that he got up when Jackson and Little Harry<a id="FNanchor_10" href="#Footnote_10" class="fnanchor">[10]</a><span class="pagenum" id="Page_127">[127]</span> brought Chater to -his house about three o’clock in the morning, and that he ordered -her not to go into the turf-house, for there was a person there whom -it was not proper she should see; he could not tell what to say, but -stood seemingly dumbfounded; and an answer being pressed from him, he -acknowledged that he did get up and let them in, and told Little Harry -to carry him (Chater) into the turf-house, and chain him; and that he, -as well as Little Harry, did look after him till the gang came and took -him away the Wednesday night, but that he was no ways concerned in -the murder; but at last he did acknowledge, that he did know they had -agreed to carry Chater to the well by Lady Holt Park, and hang him, and -throw him into it; and that Tapner took a cord for the purpose from his -house.</p> - -<p>Old Mills had been poor some time, and had left off smuggling, that is, -going with the gangs to the seaside to fetch the goods, being sensible -of the danger of going with others in a gang with firearms; but he got -something by letting the smugglers bring anything to the house; and to -blind the neighbours, he lived privately with his maid, Ann Bridges, -and had, for upwards of a year, received alms from the parish, as he -himself acknowledged.</p> - -<p>2. Richard Mills, jun., had been concerned in smuggling for many years. -He was a daring, obstinate, hardened fellow, and seemed capable of any -mischief. He said to a gentleman, who went to see him, that he did not -value death, but was not guilty of the murder<span class="pagenum" id="Page_128">[128]</span> of which he was accused, -since he was not present when it was done; though if he had, he should -not have thought it any crime to destroy such informing rogues. After -his trial was over, two gentlemen going up to see him, they told him -that his brother John,<a id="FNanchor_11" href="#Footnote_11" class="fnanchor">[11]</a> who had been advertised in the Gazette as -an accomplice in the murder of one Hawkins, and was likewise concerned -in the murder of Mr. Chater, but not then taken, was seen following -the judges over Hynd Heath, in their way to Chichester. “What,” said -Mills, “there has been no robbery committed upon the highway lately, -has there?” Upon which the person replied, “Not that I have heard of.” -Mills made answer, “I suppose Jack must take to the highway, for he -has no other way to live, till an opportunity offers of his getting to -France, which I heartily wish he may do.” After their conviction on -Tuesday night for the murder of Chater, he and the rest of them were -remanded back to prison, and ordered to be brought down the next day, -when Jackson and Carter were to be tried for the murder of Galley, and -the whole to receive judgment, when Mills said, “What the d—l do they -mean by that? Could not they do our whole business this night, without -obliging us to come again and wear out our shoes? Well! if it must be -so, the old man and I will go first, but I will give the old man the -wall,” as he accordingly did.</p> - -<p>3. John Cobby seemed a harmless, inoffensive creature,<span class="pagenum" id="Page_129">[129]</span> and being of an -easy temper, it is supposed he was the more easily influenced to take -on with the smugglers, though he declared he had not long been with -them. He acknowledged that he was at the well when Chater was hung, and -flung into it, and that he, as well as the rest, were all guilty of the -crime for which they were condemned. He was very serious, and seemed -very penitent; owned he was a great sinner; begged pardon of God for -his offences, and hoped the world would forgive him the injuries he had -done to anybody.</p> - -<p>4. Benjamin Tapner was born of very honest parents, who gave him good -schooling; and he always lived in good repute, till being persuaded by -Jackson and some others to follow their wicked courses: which he had -done for something more than two years. He behaved all the time under -his confinement more decently than some of the others, and frequently -prayed very devoutly. He was always very reserved if mention was made -of the cruelties he exercised on Chater. A gentleman, who desires his -name may not be mentioned, went to see him on Tuesday evening, just -after his conviction, who, taking him to one corner of the room, asked -him if there was anything in the report of his picking Chater’s eyes -out, when he declared, as a dying man, he never made use of any weapon -but his knife and whip; and that he might in the hurry pick one of his -eyes out with the point of his knife, for he did not know what he did, -the devil had got so strong hold of him. He said he had been in many -engagements with the King’s officers, and been wounded three times; and -hoped all young people would take warning by his untimely fate, and -keep good company, for it was bad company had been his ruin.</p> - -<p>5. William Carter behaved himself very serious, and<span class="pagenum" id="Page_130">[130]</span> said that Jackson -had drawn him away from his honest employment to go a-smuggling, which -was the cause of his ruin; and indeed his general character was very -good except in that particular. He declared that these murders would -never have happened, had not Mrs. Payne, at Rowland’s Castle, sent for -him and Jackson, and in some measure exasperated them against Galley -and Chater, as being informers. This Mrs. Payne and her two sons are -in custody in Winchester Gaol, in order to take their trials at the -ensuing assizes, when it is hoped they will meet their just reward.</p> - -<p>6. John Hammond was a hardened, obdurate fellow, and very resolute, -and always had great antipathy against the King’s officers and others -concerned in suppressing smuggling; and often would let drop words out -of his mouth, and that he did not think it any crime in killing an -informer; but when he came to receive sentence he began to cry very -much. He frequently lamented the case of his wife and four children, -and said that was all that touched him; as for dying he did not mind it.</p> - -<p>7. William Jackson died in his room about 7 o’clock the same night -he received sentence of death. He had been one of the most notorious -smugglers living in his time; and most of them, as well as Carter, -gave him the worst of characters, and that he was even a thief among -themselves; for when he knew that any of them had got any run goods, he -would contrive to steal them away from them. He reflected on himself, -after receiving sentence, for what he had said on his defence, that -Tapner only was guilty; for he declared they were all concerned; and -that when he had been concerned in the murder of Galley, he contrived -to bring Cobby, Hammond, the three Mills’s, Stringer, Tapner, and the<span class="pagenum" id="Page_131">[131]</span> -rest, to be concerned in the murder of Chater, lest they might, one day -or other, run to the government, and make themselves an evidence, but -by being guilty of murder, it would be an entire bar to them.</p> - -<p>The afternoon preceding their execution, a person came to take measure -of Jackson, Cobby, Hammond, Carter and Tapner, in order to make -their irons in which they were to be hung in chains! which threw the -prisoners into very great confusion, and they seemed under a greater -concern than ever they had shewed before. But when old Mills and his -son were told that they were exempted from that part of the punishment, -they seemed to be mightily pleased at it, and contented to be hung only -as common malefactors.</p> - -<p>But it deserves particular notice, with respect to Jackson, that he was -no sooner told that he was to be hung in chains, but he was seized with -such horror and confusion, that he died in two hours afterwards; and -though he was very ill before, yet it is believed that this hastened -his end, and was the immediate cause of his death.</p> - -<p>The foregoing accounts are a melancholy proof of the dreadful effects -which are the fatal but too frequent consequences of the offence -of smuggling—a crime which, however prejudicial to the kingdom in -general, and to every fair trader in particular, perhaps may not, from -an inattention to the many and monstrous mischiefs derived from it, -have met with that general detestation and abhorrence it so highly -deserves.</p> - -<p>But a perusal of these sheets, shocking to every reader, cannot fail -to alarm the nation, and open the eyes of all people, who must reflect -with horror upon a set of dissolute and desperate wretches, united by a -parity of inclinations and iniquities, formed into<span class="pagenum" id="Page_132">[132]</span> dangerous gangs and -confederacies, that encouraged by numbers they might exercise cruelties -and commit barbarities, which, abandoned as they were, they singly -durst not attempt. Villains! not to be won by lenity, despising and -rejecting proffered pardons, proceeding from crime to crime, till they -arrived at the highest and, until now, unheard-of pitch of wickedness: -who, not content with defrauding the King in his customs and revenues; -not satisfied with violating the properties and possessions, pursued -the lives of his subjects and servants, whose very blood could not -satiate their malice—tortures were added to aggravate the pangs of -death.</p> - -<p>Before we take leave of these wretches, and begin upon the account of -that most notorious villain and murderer, John Mills, and the rest, -as promised, we think it will be very necessary to inform our readers -of their several behaviours at the place of execution, not mentioned -before in the account given by the three clergymen.</p> - - -<h3>AT THE PLACE OF EXECUTION.</h3> - -<p>The prisoners were brought out of the gaol about two in the afternoon -of Thursday, the 19th of January, 1748–9, being the day after receiving -sentence, when a company of Foot Guards and a party of Dragoons were -drawn out ready to receive them, and to conduct them to the place of -execution, which was about a mile out of the town. The procession was -solemn and slow; and when they came to the tree, they all, except the -two Mills’s, behaved a little more serious than they had done before.</p> - -<p>Carter said the sentence was just on them all, for<span class="pagenum" id="Page_133">[133]</span> they were all -guilty, as charged in the indictments; and lamented the case of his -wife and children, and said he hoped others would take warning by his -untimely end.</p> - -<p>The Mills’s, as I observed before, seemed no ways concerned; and the -young one said he did not value to die, for he was prepared, though at -the same time he appeared so very hardened and abandoned.</p> - -<p>The halter that was used for the old man was very short, the gallows -being high; so that he was obliged to stand a-tiptoe to give room for -it to be tied up to the tree: the old fellow saying several times while -this was doing, “Don’t hang me by inches.”</p> - -<p>Tapner appeared very sensible of his crime, and prayed aloud, and -seemed, as I hope he was, very sincere and devout. He declared that -Jackson, Cobby and Stringer held three pistols to his head, and swore -they would shoot him if he did not go and assist in the murder of -Chater, the old shoemaker, who was going to make an information against -their shepherd, Dimer, otherwise Diamond; that they also extorted three -guineas from him by the same way of threats, to repay Jackson and -Carter what they had been out of pocket on that account. He said they -were all guilty of the crimes laid to their charge; and that one T—ff, -well known in Chichester, and Stringer, John Mills<a id="FNanchor_12" href="#Footnote_12" class="fnanchor">[12]</a> and Richards -(all not taken) were as guilty as himself; and as they deserved the -same punishment, he hoped they would all be taken, and served the same -as he was just going to be. He acknowledged cutting Chater across<span class="pagenum" id="Page_134">[134]</span> the -face, but did not care to repeat any of the cruelties he had exercised.</p> - -<hr class="tb" /> - -<p>We are now come to the conclusion of the trials, and the behaviour of -those who were executed at Chichester, and shall next proceed to those -that were brought on at the assizes at East Grinstead, where two of the -same gang were tried for murder, namely, Sheerman for that of Galley, -and John Mills, called Smoker, for that of Hawkins, who was destroyed -in as cruel and barbarous a manner as either Galley or Chater.</p> - -<p>After which we shall give an account of the trials of the other -smugglers, which were very remarkable for the most notorious crimes -with which they are charged, such as murder, housebreaking, robberies -on the highway, &c. But as Sheerman was tried for the crime for -which several others had been already convicted, as has before been -related, we think this trial will most properly follow those of his -confederates, and with whom he had been concerned throughout the whole -course of their villainies.</p> - -<p>After which will follow the trial of John Mills, who not only had a -hand in the murder of Chater, but likewise was a principal in that of -poor Hawkins.</p> - -<p>Henry Sheerman, otherwise Little Harry, was indicted for the inhuman -murder of William Galley, which the said Sheerman, in company with -several others, did perpetrate and accomplish on the said William -Galley, by tying and fastening him on a horse, and then lashing, -whipping and beating him with their whips, till the said Galley, no -longer able to bear the cruel scourges, fell with his head under -the horse’s belly, and his feet across the saddle; that being again -set upright on the horse, the said prisoner, with the rest, again<span class="pagenum" id="Page_135">[135]</span> -whipped, beat and bruised him, by the means of which he fell off the -second time; and being set on another horse, the said prisoner, with -the others, again beat and whipped him, till the said Galley was so -terribly bruised and wounded that, being ready to fall off the horse, -the prisoner gave him a push, and threw him to the ground, of which -blows, wounds and bruises, and fall from the said horse, he died.</p> - -<p>The counsel for the King upon this indictment were the same as were -upon that against John Mills and John Reynolds, who after laying -open and explaining to the court and jury the heinous nature of the -offence and the pernicious consequences of smuggling, which generally -brought on murder, robbery and other enormous crimes, they produced the -following witnesses in support of the charge against the prisoner.</p> - -<p>Mr. Shearer, collector of the customs at Southampton, deposed that he -received a letter from the commissioners of the customs, informing -him that one John Dimer was taken up on suspicion of being concerned -with others in breaking open the custom-house at Poole and committed -to Chichester gaol; that thereupon he sent one Chater with a letter to -Justice Battine under the care of the deceased William Galley, the 14th -day of February was twelvemonth, and hired a grey horse for him to ride -on.</p> - -<p>William Galley, son of the deceased William Galley, deposed that he -very well remembered that some time in February was twelvemonth, his -father set out on a journey to Justice Battine; that the night before -he went he saw the letter and saw the direction upon it, which his -father was carrying to the justice; that his father was dressed in a -blue great coat, lined with blue, with brass buttons, a light brown -close-bodied coat<span class="pagenum" id="Page_136">[136]</span> trimmed with blue, his waistcoat and breeches the -same, and rode upon a grey horse, and that he never saw his father -afterwards.</p> - -<p>George Austen deposed that on the 14th of February was twelvemonth, -being at the New Inn at Leigh, he saw the deceased William Galley -and another person on horseback, and hearing them enquire the way to -East Marden, and shewing a letter they had for Justice Battine, he -said that he and his brother, Thomas Austin, and his brother-in-law, -Robert Jenkes, were going part of that road and would shew them the -way; that he went with them to a place called Rowland’s Castle, to a -public-house kept by one widow Payne; that being there Galley and his -companion called for rum. That the widow Payne enquired of him if he -was acquainted with these men, or whether they belonged to his company. -He told her they were going to Justice Battine’s; upon which she -apprehended there was something in hand against the smugglers, several -of whom came in soon afterwards.</p> - -<p>John Race, otherwise Raise, an accomplice in the fact, deposed that on -the 14th of February was twelvemonth, he was at Rowland’s Castle; that -when he came in, he saw there Edmund Richards, William Steel, Carter, -Jackson, Little Sam, Richard Kelly, Jackson’s wife, and the prisoner -Henry Sheerman, together with Galley and Chater: that he saw Jackson -take Chater to the door, and heard him ask him whether he knew anything -of Dimer the shepherd, and Chater answering that he was obliged to -appear against him, Galley came to them, to interrupt their talking, -which Jackson resenting, struck him on the face with his fist. Being -all come into the house again, Jackson related to the rest of them -what Chater had said in relation to Dimer;<span class="pagenum" id="Page_137">[137]</span> upon which they consulted -together what to do with Galley and Chater, and it was agreed by -them all to carry them to a place of security, till they should have -an opportunity of sending them to France; and that the prisoner was -present at this consultation.</p> - -<p>William Steel, another of the accomplices in the fact, deposed that -on the 14th of February was twelvemonth he was sent for to the widow -Payne’s; that when he came there he found Jackson, Little Sam, Kelly, -Carter, Richards, Race and Little Harry; that he saw the two strangers -there, Galley and Chater, who were drinking with the prisoner, and the -rest of the smugglers; that Jackson took Chater out of the house, and -was followed by Galley, who soon after returned with his face bloody, -having, he said, been knocked down by Jackson. That Galley and Chater -wanting to be gone, the prisoner, with the rest of the smugglers -persuaded them to stay, and the company continued drinking till Galley -and Chater were quite drunk, and were led into a little inner room to -sleep; this was about four or five o’clock. That in the meanwhile this -witness, with the rest of the smugglers, the prisoner being present, -consulted what to do with Galley and Chater; and it was proposed to -make away with them, and to that end, to throw them into the well in -the horse pasture, about a quarter of a mile from Rowland’s Castle; but -upon second thoughts that well was judged too near, and might occasion -a discovery. That then it was agreed to allow threepence a week each, -and to keep them in some private place till they saw what was the fate -of Dimer; and as Dimer was used, in the same manner they agreed to use -Galley and Chater. That about seven o’clock Carter and Jackson went -into the little room, and having waked Galley and Chater, brought<span class="pagenum" id="Page_138">[138]</span> them -out all bloody; and he believed that Jackson and Carter had kicked them -with their spurs, which they had just before put on; that they then -brought Galley and Chater out to the street door, and set them both -upon the same horse, and tied their legs together under the horse’s -belly. That then he (the witness) got upon a grey horse, and led that -the deceased and Chater were upon; that they had not gone above 80 -yards, before Jackson called out “Whip the dogs, cut them, slash them, -d—n them”; and then the company fell to lashing and whipping them; -while they rode about a mile to a place called Wood’s Ashes; that there -they all alighted, and the prisoner, Little Harry, gave each of them a -dram, but none to Galley and Chater; that mounting their horses again, -they fell to beating and lashing the two men as violently as they -had done before, till they came to Dean, which was about half a mile -further; that then one of the company pulled out a pistol, and swore -he would shoot them (Galley and Chater) through the head, if they -made any noise while they were passing through the village; when they -were got through Dean, they fell to whipping them again, till they -came almost to Idsworth, when Galley and Chater fell again with their -heads under the horse’s belly; upon which they parted them, and set -up Galley behind him (this witness), and Chater behind Little Sam, -and thus proceeded towards Lady Holt Park, about three miles further, -whipping them all the way; but the lashes of their whips falling on -this witness, he cried out and they left off whipping Galley; that -being come to Lady Holt Park, Galley being faint and tired, got off, -and Jackson and Carter took him by the arms and legs, and carried him -to a well there, into which they said they would throw him; but some -of<span class="pagenum" id="Page_139">[139]</span> the company interposing, they set him up behind this witness, but -went on till they came down a hill, and Galley, not being able to -ride any further, got down again; upon which they laid him upon the -pommel of the saddle, across a horse before Richards, with his belly -downwards, and in this manner carried him about a mile and a half; that -then Richards, being tired of holding him, let him down by the side -of the horse; that then they put him upon the grey horse which this -witness rode upon, and this witness got off; they sat him up, his legs -across the saddle, and his body lay over the mane, and Jackson held him -on, and went on in this manner for about half a mile, Galley crying out -grievously all the time, “Barbarous usage! barbarous usage! For God’s -sake shoot me through the head or through the body;” he (the witness) -imagined that Jackson was squeezing his privy parts. That they went on -for two miles further, and coming to a dirty lane, Carter and Jackson -rode forwards, and bade them stop at the swing gate till they returned. -Being gone a little while, they came back again and said that the man -of the house was ill and could not entertain them. It was then proposed -to go to the house of one Scardefield at Rake, upon which the prisoner -tied Galley with a cord, and got up on horseback behind him in order to -hold him on; and coming to a gravelly knap in the road, Galley cried -out, “I shall fall, I shall fall;” whereupon the prisoner then said, -“D—n you, then fall,” and gave him a push, and Galley fell down, gave -a spirt and never spoke afterwards; he (the witness) believed his neck -was broken by the fall; that then they laid him across the horse again, -and went to the Red Lion at Rake, kept by William Scardefield, whither -they carried Chater all over blood. That Jackson and the prisoner went -from<span class="pagenum" id="Page_140">[140]</span> Scardefield’s with Chater, to Old Mills’s, where he was left to -the care of the prisoner, and in the meantime they buried Galley.</p> - -<p>This witness was asked by the court whether the prisoner was present at -the first consultation at the widow Payne’s, and continued in the same -company to the death of Galley, and he answered: “Yes, he was with them -all the time.”</p> - -<p>Then William Scardefield was sworn, who deposed that the prisoner at -the bar was with the rest of the smugglers at his house at Rake, when -Galley was brought dead there, but went away with Chater, the other man -who was all bloody.</p> - -<p>The counsel for the King said they had a great many more witnesses, but -they would rest the matter as it now was, and not give the court any -further trouble.</p> - -<p>The prisoner, being called upon to make his defence, said he had nobody -to disprove the facts or speak to his character; and said he was sent -for to Rowland’s Castle, though he did not know for what; that when he -came there he was threatened by Jackson, Richards and others that were -there, that they would shoot him through the head if he would not go -with and assist them in what they were going about, and that it was not -in his power to make his escape from them.</p> - -<p>The jury brought him in guilty. Death.</p> - -<p>Having now given the trial of Henry Sheerman, alias Little Harry, -at East Grinstead, it will be necessary next to give an account of -his life and behaviour under sentence of death, and at the place of -execution, before we proceed to the trial of that notorious villain -John Mills, alias Smoker, for the cruel murder of Richard Hawkins.</p> - -<p>Henry Sheerman, alias Little Harry, about 32 years<span class="pagenum" id="Page_141">[141]</span> of age, was born -and bred up at West Strutton, in the county of Sussex, to husbandry, -whose parents were people of good character, though of but middling -circumstances; and gave him as good an education at school as they -could afford; but he said he never minded his learning—his mind run -more upon other things, so that he made but very little progress, -though he could read very well and write a little.</p> - -<p>He said that Jackson was the cause of his ruin, and the considerable -gains that were allowed to those who were as servants to the master -smugglers, seduced him to leave his honest employment and take on with -them.</p> - -<p>He often declared that he never was concerned in any other murder -than that of Galley, for which he suffered; but being asked if he was -not guilty of the other indictment that was against him, as being an -accessary to the murder of Chater before the fact was committed, he -evaded answering the question in full, and said he left the company and -Chater, and did not go to the well where he was hanged and flung down; -but on being interrogated, and informed it was the same thing, his -knowing their intention of murdering Chater, though he did not go quite -to the place, he said he did not know that the company, when he parted -from them, were going to hang him in the well at Lady Holt Park, and -then fling his body down it to prevent a discovery. He was asked if old -Major Mills knew that Chater was confined in his turf-house, and that -they were going to murder him, because Old Mills partly denied it when -he was executed on the Broyle near Chichester; he said that Old Mills -was guilty of the whole affair laid to his charge, as being concerned -in the murder of Chater; that Old Mills gave him the chain and -horse-lock, to chain Chater to the beam, and went frequently to see<span class="pagenum" id="Page_142">[142]</span> he -was safe during his confinement there, and often told Chater that he -was a villain to turn informer, and he would see he should be hanged to -prevent his informing any more; and he declared, that when they took -Chater from Old Mills’s house, that Old Mills knew that they were going -to hang him at the well by Lady Holt Park, and that the resolution and -agreement of him, Old Mills, as well as the rest, was to fling his -body down there, it being a dry well, to prevent a discovery, and that -Old Mills himself said it was a very proper place, for as it was a dry -well, it might lie there an age before anything could be discovered, -and before that time it would be rotted quite away to nothing.</p> - -<p>Before we proceed any further, we shall inform the reader what -encouragement is given to seduce the young people from their honest -employments to turn smugglers, which Little Harry declared.</p> - -<p>The master smugglers contract for the goods either abroad, or with the -master of a cutter that fetches them, for a quantity of teas (which -they call dry goods) and brandies, and the master of the cutter fixes -a time and place where he designs to land, and seldom or ever fails -being pretty punctual as to the time, if the weather permits; as the -master smugglers cannot fetch all the goods themselves, so they hire -men whom they call their riders; and they allow each man half-a-guinea -a journey, and bear all expenses of eating and drinking and horse, and -allowance of a dollop of tea, which is forty pound weight, being the -half of a bag, the profit of which dollop, even of the most ordinary -sort, is worth more than a guinea, and some sorts 25s. and some more; -and they always make one journey, sometimes two, and sometimes three in -a week, which is indeed such a temptation that very few people in the -country can<span class="pagenum" id="Page_143">[143]</span> withstand; and which has been the cause of so many turning -smugglers.</p> - -<p>He said it was very hard work in going down to the seaside to fetch the -goods, and considering the hazard they run if taken, and of their own -persons, as they are obliged to ride in the night only, and through -the byeways, avoiding all the public roads as much as possible, people -would not take on with them if it were not for the great profits that -arise.</p> - -<p>He said that all the smugglers, both masters and riders, drink drams -to great excess, and generally keep themselves half drunk, which was -the only thing that occasioned them to commit such outrages as they did -sometimes; and he gave the following account of the murders of Galley -and Chater:—</p> - -<p>That on Sunday the 14th of last February was twelvemonth, he was sent -for to the widow Payne’s, and informed that there were two men there -who were going to make an information against John Dimer, that was in -custody at Chichester, on suspicion of being concerned in breaking -open the King’s warehouse at Poole, that, as he was one concerned in -the said fact, he readily went to hear what he could, and when he came -there, he found Jackson, Richards, Steel (the evidence), and some more -of the gang concerned in breaking open the said warehouse; when Jackson -said to him, “Harry, I have sent for you: here are two men have got -a letter to Justice Battine, for him to take an information against -Dimer;” and that they (the smugglers) resolved to have the letter from -them; which he agreed to; and after they had made the men drunk, Carter -and Jackson went into the room where the men were put to sleep, and -took the letter, which they read, and found the contents amounted to -all they suspected; that it was<span class="pagenum" id="Page_144">[144]</span> never proposed by any of them to hurt -either Galley or Chater, but to keep them privately to prevent their -giving the designed information, till the women, Carter’s and Jackson’s -wives, proposed hanging them; and then it was talked of carrying them -to the well just by, and to hang them and fling them down it, but -it was not agreed to; neither did any of the men in his presence or -hearing shew or intimate any inclination towards their so doing.</p> - -<p>He said further, that they all drank pretty freely to make Galley and -Chater drunk, and when they came to the resolution of carrying them -both away, and concealing them till they knew what would be the fate of -the shepherd Dimer, they were all more than half drunk; that he verily -believed none of them had any design of murdering them while they were -at Rowland’s Castle; but Jackson, who was the drunkest of the company, -called out to whip them, which was soon after they set out from Mrs. -Payne’s house, when Edmund Richards, who is not yet taken, began to -lash them with his long whip; and then they all did the same except -Steel, who was leading the horse the two men rode on.</p> - -<p>He said that the design of tying their legs under the horse’s belly was -for no other reason than to prevent their jumping off and running away, -and making their escape, as it was night time; which, if either of them -should do, they would be all inevitably ruined.</p> - -<p>The liquor they had drank, and giving way to their passion, urged them -on to the cruelties they exercised on Chater; but when they found -Galley was dead, it sobered them all very much, and they were all in a -great consternation and surprise, and could not tell what to do, when -they concluded to bury the body of Galley, and to take care of Chater.</p> - -<p><span class="pagenum" id="Page_145">[145]</span></p> - -<p>He lamented the unhappy case of Chater during the time of his being -chained in Old Mills’s turf-house, but said, self-preservation obliged -him to take care he did not get away, though he was all the time very -uneasy, and said he declared his abhorrence to Tapner’s cutting Chater -across the face and eyes, and of Cobby’s kicking him while he was -saying the Lord’s Prayer, and that he came out of the turf-house into -the dwelling-house upon that account, not being able to bear hearing -the poor man’s expressions in begging for a few hours or minutes to -make his peace with his Creator, at the same time the blood running all -down his face. He said it was not Cobby alone that kicked Chater while -he was at prayers, but also Richards and Stringer, who are both not yet -taken.</p> - -<p>Being asked why he did not give poor Galley and Chater a dram, as well -as the smugglers, when they all got off their horses; he said he was -going to do it, but Richards, Carter and Jackson, all swore they would -blow his brains out if he did. He acknowledged going away with them -from Old Mills’s in order to hang Chater according to agreement; but -seeing Tapner whip the poor man so cruelly, Chater at the same time -being all over blood and wounds, his heart relented, and that was the -only reason why he did not go with them, and be present at his murder.</p> - -<p>At his trial he behaved with reservedness, but no way audacious, as -some of the others were; and after he had received his sentence, he -began to bemoan his unhappy circumstances, and prayed very devoutly; -and confessed that he had been a very wicked liver ever since he turned -smuggler.</p> - -<p>He said he never was concerned in many robberies, as numbers of the -smugglers had been; and what gave<span class="pagenum" id="Page_146">[146]</span> him the most uneasiness was, the -great scandal and vexation he had brought on his wife and family.</p> - -<p>He was conveyed under a strong guard of soldiers from Horsham to Rake, -near the place where Galley was buried, on the 20th day of March, 1749, -and there executed, and afterwards hung in chains, as an example.</p> - -<p>At the place of execution he behaved very penitent, and as became one -in his unhappy circumstances, frequently saying that Jackson was the -original person who was the cause of his ruin, and that he should not -have gone to the widow Payne’s that unfortunate day that Mr. Galley and -Mr. Chater were there, had he not been sent for. He declared that at -the time he gave Galley the push off the horse, when Galley fell down -and died, he had no thought that that fall would kill him just then; -that he begged pardon of God and man, not only for that wicked action -of his life, but for all others; and then was turned off, crying to the -Lord Jesus Christ to receive his soul.</p> - -<p>We shall now proceed to the trials of John Mills, alias Smoker, John -Reynolds, the master of the Dog and Partridge on Slindon Common, where -Richard Hawkins was inhumanly murdered; and then give an account -of John Mills’s wicked life, and behaviour at his trial, and under -sentence of death; and also of his confession, and last dying words at -the place of execution.</p> - -<p>John Mills, alias Smoker, together with Jeremiah Curtis, alias Butler, -alias Pollard, and Richard Rowland, alias Robb (both not yet taken), -was indicted for the murder of Richard Hawkins, in the parish of -Slindon, in the county of Sussex, on the 28th day of January, 1748–9, -in the 21st year of his Majesty’s reign, by violently assaulting, -sticking, beating, whipping and<span class="pagenum" id="Page_147">[147]</span> kicking, him, the said Richard -Hawkins, over the face, head, arms, belly, and private parts: of which -wounds, bruises, kicks and stripes he instantly died. And John Reynolds -was indicted for aiding, assisting, comforting and abetting the said -John Mills, alias Smoker, and Jeremiah Curtis, alias Butler, alias -Pollard, and Richard Rowland, alias Robb (both not yet taken), in the -murder of the said Richard Hawkins.</p> - -<p>The counsel for the King were Mr. Staples, Mr. Steele, recorder of -Chichester, Mr. Burrel, Mr. Smythe (one of the king’s counsel, learned -in the law, and member of Parliament for East Grinstead, in the county -of Sussex), and Mr. Serjeant Wynn.</p> - -<p>One of the counsel for the King having opened the indictment, Mr. -Smythe observed to the court and jury that the practice of smuggling -having prevailed all over the kingdom, particularly in that and the -neighbouring counties, to so great a degree, and the persons concerned -therein became so very audacious, that a great many murders were -committed, and very barbarous ones too, upon such persons who should -show the least inclination to prevent their pernicious practices. That -the murder for which the present prisoners were indicted, was one of -the most bloody and most cruel that ever was perpetrated in this, or -any other civilized nation, except in two others that had happened -in this county; that the prisoner Mills seemed to have the honour of -committing the first, and setting the example of this species of most -terrible murders, though some persons who committed the other murder -had been first brought to justice. That many people were induced to -think smuggling was no crime at all, or if it was one, but a very -small one, it was but cheating the King, and that was no harm; not at -all considering that it is a crime not only against<span class="pagenum" id="Page_148">[148]</span> the laws of the -land, but against the law of God also, which commands all men to render -to Cæsar the things that are Cæsar’s. That smuggling was robbing the -nation of that revenue which is appointed for payment of the national -debt; and that every act of smuggling was defrauding every one of his -Majesty’s subjects that pay taxes, as they are obliged to make good all -deficiencies. That when they shall hear the witnesses they will find -that this evil practice was the original cause of this murder, and then -he did not doubt but they would find the prisoners guilty.</p> - -<p>Mr. Sergeant Wynn, after speaking of the nature of the crime, and that -it was one of the consequential evils that attended smuggling, observed -that most of the daring robberies that had been lately committed, -were by these sort of men, who thought, or at least acted, as if they -thought themselves above all law. That when they had called their -witnesses, he did not doubt but they would give the jury such evidence -as would induce them to believe the prisoners guilty, and consequently -find them so.</p> - -<p>Henry Murril deposed that some time in January last was twelvemonth, -he was informed that some persons were at his house, enquiring after -some tea they had lost, but could not tell who they were; that he went -to young Cockrel’s, who keeps a public-house at Yapton; where he saw -Jerry Curtis and two others, drinking. Curtis was very angry; said some -rogues had stolen two bags of tea from him, and d—n him, he would find -it out, and severely punish those concerned therein; for d—n him, -he had whipt many a rogue, and washed his hands in their blood; that -Curtis had offered this deponent five guineas to get the tea again, or -find out who had got it; and then said that if money could<span class="pagenum" id="Page_149">[149]</span> not get it, -he would come sword in hand, and find it out and take it away.</p> - -<p>Being asked by the court if the prisoner Mills was one of them that -were with Curtis, said he could not tell.</p> - -<p>Henry Titcomb deposed that one day in January last was twelvemonth, -Curtis and Mills came to Mr. Boniface’s barn, where he, the prisoner, -and Richard Hawkins (the deceased) were at work; that Curtis called -Hawkins out to speak with him; that he did not hear what passed between -them, but that Hawkins went away with them; that a little while after, -the same afternoon, he saw Hawkins riding behind Mills from Walberton -towards Slindon, and never saw Hawkins the deceased afterwards.</p> - -<p>John Saxby deposed that he was a servant to Cockrel the elder, of -Walberton; that the day Hawkins (the deceased) was missing, Curtis, -Mills, and Hawkins came to his master’s house and drank together; that -at going away, Mills bid Hawkins get up behind him, which he at first -refused, saying he would not, without making a sure bargain; that they -bid him get up for they would satisfy him, which Hawkins did; and this -deponent never saw the deceased afterwards.</p> - -<p>Thomas Winter, alias the Coachman, an accomplice, deposed that one -day the latter end of January was twelvemonth, he, with Jerry Curtis, -alias Pollard, were at the prisoner Reynolds’s house, who kept the Dog -and Partridge on Slindon Common; that Curtis presently went away from -him, and promised to come to him again very soon, for he was to pay -this witness some money he owed him; that this deponent stayed at the -Dog and Partridge the rest of the day; that towards evening Richard -Rowland, alias Robb, came to the<span class="pagenum" id="Page_150">[150]</span> house, asked for his master Curtis, -and stayed with this deponent till night, when the prisoners Mills and -Curtis came; that Curtis called for Robb, and said, “Robb, we have got -a prisoner here”; then Hawkins got down from behind Mills, and all went -in together, to a parlour in the prisoner Reynolds’s house; that they -all, viz., Hawkins (the deceased), Curtis, Mills, Rowland, otherwise -Robb, and this deponent, sat down together; that then they began to -examine Hawkins about the two bags of tea, which he denied, saying he -knew nothing of the matter; that Curtis said, “D—n you, you do know, -and if you do not confess I shall whip you till you do, for, d—n you, -I have whipped many a rogue, and washed my hands in his blood;” that -the prisoner Reynolds came in when they were urging the deceased to -confess, and said to the deceased, “Dick, you had better confess, it -will be better for you”; his answer was, “I know nothing of it.” After -Reynolds was gone, Mills and Robb were angry with the deceased; that -Robb struck him in the face and made his nose bleed, and threatened -to whip him to death; that Mills showed he was pleased with what Robb -had done, and again threatened the deceased, who said, “If you whip -me to death, I know nothing of it”; that then Mills and Robb made the -deceased strip to his shirt, then they began to whip him over the face, -arms and body, till they were out of breath, he all the while crying -out that he was innocent, and begged them, for God’s sake, and Christ’s -sake, to spare his life for the sake of his wife and child; that when -they were out of breath, they pulled off their clothes to their shirts, -and whipped him again till he fell down; when he was down they whipped -him over the legs and belly, and upon the deceased kicking up his legs -to save his belly, <span class="pagenum" id="Page_151">[151]</span>they saw his private parts; then they took aim -thereat, and whipped him so that he roared out most grievously; that -then they kicked him over the private parts and belly; they in the -intervals asking after the tea; the deceased mentioned his father and -brother, meaning the two Cockrels; that upon this Curtis and Mills took -their horses, and said they would go and fetch them, and rode away, -leaving the deceased with Robb and this deponent. That after they were -gone, he and Robb placed the deceased in a chair by the fire, where he -died.</p> - - <div class="figcenter" id="i_b_150fp" style="width: 475px;"> - <img - class="p2" - src="images/i_b_150fp.jpg" - alt="" /> - <p class="p0 center p-left"><i>John Mills</i> alias <i>Smoker, & Rich<sup>d</sup>. Rowland</i> -alias <i>Robb, Whipping Rich<sup>d</sup>. Hawkins, to Death, at y<sup>e</sup> Dog & -Partridge on Slindon Common, & Jeremiah Curtis, & Tho<sup>s</sup>. Winter</i> -alias <i>Coachman, Standing by Aiding & abetting y<sup>e</sup> Murder of the said -Rich<sup>d</sup>. Hawkins</i>.</p> - </div> - -<p class="p2">Being asked by the court if the deceased was in good health when he -came to the prisoner Reynolds’s house, and if he believed he died of -the ill-usage he there met with, his answer was, “He was in good health -when he came there, and was a stout man, and I am sure he died of the -kicks and bruises he received from Mills and Robb.”</p> - -<p>He further deposed that when they found he was dead Robb locked the -door, put the key in his pocket, then they took their horses and rode -towards Walberton to meet Curtis and Mills; that in the lane leading to -Walberton he met them, with each a man behind him; that he desiring to -speak with them, the men behind them got off and stood at a distance. -That this deponent asked Curtis what they were going to do with these -two men, who answered, “To confront them with Hawkins.” Then the -deponent told him he was dead, and desired that no more mischief might -be done, when Curtis replied, “By God, we will go through with it -now.” That this deponent begged that the two men might be sent home, -for there had been mischief enough done already; that then Curtis -bid the two men go home, and said when they wanted them they would<span class="pagenum" id="Page_152">[152]</span> -fetch them. That they rode all together to the prisoner Reynolds’s -house, when Reynolds said to Curtis, “You have ruined me,” and Curtis -replied he would make him amends. That then they consulted what to do -with the body, when it was proposed to throw him into the well in Mr. -Kemp’s park, and give out that they had carried him to France; that the -prisoner Reynolds objected to it, as that was too near, and would soon -be found. That they laid him on a horse and carried him to Parham Park, -about twelve miles from Slindon Common, where they tied large stones to -him in order to sink the body, and threw him into a pond belonging to -Sir Cecil Bishop.</p> - -<p>John Cockrel the younger deposed that the 28th day of January last was -twelvemonth, about ten o’clock at night the prisoner Mills came to his -house, called for some ale, ordered his horse into the stable; that -while he was in the stable Curtis came in, and demanded two bags of -tea, which he said his brother-in-law had confessed he had got; that -this deponent denied his having them, upon which Curtis beat him with -an oak stick till he was tired; that after this they took him with them -to his father’s at Walberton, where they took his father and him with -them, to carry them to Slindon, on Mills’s and Curtis’s horses, one -behind each, and about a mile before they came to Slindon, they met -two men on horseback, who called to them, and said they wanted to talk -with them; that then they were ordered to get off from behind Curtis -and Mills; that after the two men had talked with Curtis and Mills some -time, Curtis bid them go home, and when they wanted them they would -fetch them.</p> - -<p>John Cockrel the elder, being sworn, confirmed the evidence as to being -carried away, and afterwards let go.</p> - -<p><span class="pagenum" id="Page_153">[153]</span></p> - -<p>Being asked by the court how long after his son-in-law (the deceased) -was missing it was before he heard his body was found, said that in -the April following he was sent for to Sir Cecil Bishop’s; that there -he saw the deceased Richard Hawkins mangled in a most terrible manner, -having a hole in his skull; that he knew him by the finger next the -little finger of his right hand being bent down to his hand.</p> - -<p>Matthew Smith deposed that one night in January last was twelvemonth, -he was at the prisoner Reynolds’s house, the Dog and Partridge, on -Slindon Common, and saw Curtis and Mills ride up to the door (Mills -with a man behind him), and Curtis called out to Robb, and said, “We -have got a prisoner”; and that then they all went in together into the -back parlour.</p> - -<p>Richard Seagrave, another witness, deposed that he lived at Sir Cecil -Bishop’s in Parham Park, and saw the body of a man taken out of a pond -there, very much mangled and bruised; and was likewise present when -John Cockrel the elder came there and said he knew the body to be that -of his son-in-law, Richard Hawkins.</p> - -<p>Jacob Pring, another witness, deposed that being at Bristol, he there -fell in company with the prisoner Mills; that they came together from -thence to his house at Beckenham in Kent; that on the road he asked him -whether he knew of the murder of Richard Hawkins of Yapton; that he -told him “Yes,” and related to him the particular manner in which it -was done, as follows: that in the beginning of January was twelvemonth, -they had two bags of tea stolen from the place where they had concealed -some stuff, and suspecting Hawkins and the Cockrels to have it, he -and Jerry Curtis went and fetched Hawkins from a barn where he was at -work, and carried him to Reynolds’s, on Slindon<span class="pagenum" id="Page_154">[154]</span> Common, where Robb -and Winter, commonly called the Coachman, were before them; that he -and Robb whipped Hawkins with their horse-whips till he owned that -the Cockrels had their tea; that then he and Curtis went and fetched -the Cockrels, and as they were bringing them behind them on the road, -Robb and Winter met them and told them that the man was dead whom they -had whipped; that they then sent the Cockrels home and went and took -Hawkins’ dead body and carried it to Parham Park and threw it into Sir -Cecil Bishop’s pond.</p> - -<p>Here the counsel for the King rested it.</p> - -<p>The prisoner being called upon to make his defence, denied the murder, -and said he left the deceased Richard Hawkins alive and well with Robb -and Winter, when he and Curtis went to fetch the Cockrels, and how -Hawkins came by his death he could not tell. This was Mills’s defence.</p> - -<p>The counsel for the prisoner Reynolds objected to the indictment, and -said, though it might be extremely right with regard to the prisoner -Mills, yet it was not so with regard to the prisoner Reynolds; for as -Reynolds was indicted as a principal in the second degree, he should be -concluded in the judgment as all principals are in murder. The court -said this was a matter that might be offered in arrest of judgment, but -not at that time.</p> - -<p>The counsel, in his defence, said the prisoner Reynolds was no ways -privy to or concerned in the said murder; that the persons who brought -Hawkins to his house were in a room by themselves, and what they did -there was without the privity or knowledge of the prisoner Reynolds, -and that they should call witnesses to prove the same.</p> - -<p><span class="pagenum" id="Page_155">[155]</span></p> - -<p>William Bullmar was called, who deposed that one day in January last -was twelvemonth, he was at the prisoner Reynolds’ house with William -Rowe in the kitchen; that he saw Curtis in the house, and heard there -were other people with him in the new back parlour; that himself was -there till twelve o’clock at night, and that the prisoner Reynolds was -with him during all that time, excepting when he went to draw beer for -his customers in the kitchen.</p> - -<p>William Rowe deposed that he was at the prisoner Reynolds’s house at -the same time as the before-mentioned witness, that he saw Curtis and -Mills in the house, and heard there were other people with them in the -back room; that he stayed till twelve o’clock at night, during which -time the prisoner Reynolds was with him except when he was called to -draw drink for company.</p> - -<p>The judge, after he had summed up all the evidence exactly in the -manner it had been sworn, observed to the jury, that with regard to the -prisoner Mills, the facts were proved extremely clear, as he had called -no witnesses to contradict the evidence for the King in any shape; -that with respect to the prisoner Reynolds it did not appear that he -was in the party that committed the murder, but that he was at home at -peace in his own house, when this transaction happened; if therefore, -they believed the witness called on his behalf, they must acquit him, -and the jury, without going out, found Mills Guilty, and acquitted -Reynolds.<a id="FNanchor_13" href="#Footnote_13" class="fnanchor">[13]</a></p> - -<p><span class="pagenum" id="Page_156">[156]</span></p> - -<p>Mills’s behaviour was very unbecoming one under his circumstances; -but before we proceed to say anything more of this criminal, we will -give the particulars of his being apprehended. The 31st January last, -a proclamation was issued for the apprehending several notorious -smugglers that were concerned in the murder of Richard Hawkins, of -Yapton, naming this John Mills as one of them, promising his Majesty’s -pardon to anyone who should apprehend or give information of any -of the offenders, although such informer was an outlawed smuggler, -provided he was not concerned in any murder, or in breaking open his -Majesty’s warehouse at Poole. Now William Pring, who was a witness -against the said Mills and the two Kemps, knowing himself to be an -outlawed smuggler, yet not concerned in murder, nor in breaking open -the warehouse at Poole, resolves, if possible, to get his own pardon by -taking some of those offenders. To this purpose he applied to a great -man in power, informing him that he knew Mills, and that if he could -be assured of his own pardon, he would endeavour to take him, for he -was pretty certain to find him either at Bristol or Bath, where he knew -he was gone to sell some run goods. Being assured of his pardon he set -out accordingly, and at Bristol unexpectedly found the two Kemps with -him, whom he likewise knew as being notorious smugglers. They then -began to talk about their affairs. Mills was in a proclamation for two -murders, that of Chater and that of Hawkins. Thomas Kemp was advertised -for breaking out of Newgate, and Lawrence Kemp was outlawed by -proclamation, and both the Kemps were concerned in robbing one farmer -Havendon.</p> - -<p>After talking over matters together, and observing that all their cases -were very desperate, Pring, as a<span class="pagenum" id="Page_157">[157]</span> friend, offered his advice, by which -he intended to inveigle them into the snare he had laid for them. He -said, since they were all alike in such desperate circumstances without -any hopes of mending their condition, he would have them go with him -towards London, and to his house at Beckenham in Kent, and then consult -together, to go and rob upon the highway, and break open houses in the -same manner as Gregory’s gang used to do. Upon which they all agreed -to come away together; and upon the road, amongst other talk, Mills -owned that he was one of those who committed the murder of Hawkins, and -both the Kemps confessed that they were concerned in robbing farmer -Havendon, in the manner it was proved upon their trials.</p> - -<p>When they were all come to his house at Beckenham, Pring then pretended -that his horse being a very indifferent one, he would go to town and -fetch his mare, which was a very good one, and would come back again -with all convenient speed, and then they would set out together on -their intended expeditions; for as their horses were very good, and his -but a bad one, it might bring him into danger in case of a pursuit. -Upon which he set out, and they agreed to stay at his house till his -return; but instead of going to town, he rode away to Horsham, where he -applied to Mr. Rackster, an officer in the excise there; who together -with seven or eight more, all well armed, set out for Beckenham, in -order to take them, where they arrived in the dead of night, and found -Mills and the two Kemps just going to supper upon a fine breast of -veal, and secured them. They bound the arms of the two Kemps, but -Mills refusing to be bound in that manner, and being very refractory, -they were forced to cut him with one of their<span class="pagenum" id="Page_158">[158]</span> hangers, before he -would submit. They then brought them all three to the county gaol for -Surrey, where they found Robert Fuller and Jockey Brown in custody for -smuggling; and knowing that they had been guilty of many robberies on -the highway in Sussex, they applied to the government for a Habeas -Corpus, to carry them all five down to the assizes at East Grinstead, -where, though they were each tried only upon one indictment, yet there -was another indictment for murder, besides two for robbery against -Mills, another for a robbery against Fuller, and two other indictments -against the two Kemps, besides a number of other prosecutors, who were -ready at East Grinstead to lay indictments against them, if there had -been occasion.</p> - -<p>John Mills, about 30 years of age, son of Richard Mills, of Trotton, -lately executed at Chichester, was bred up to the business of a -colt-breaker by his father. He said he had been a smuggler many years, -and blamed Jeremiah Curtis, alias Pollard, who stands indicted for -the same murder he was convicted of, and William Jackson, who was -condemned at Chichester for the murders of Galley and Chater, as being -the principal persons concerned in drawing him away from his honest -employment.</p> - -<p>Young Mills acknowledged himself a very wicked liver; but complained -of the witnesses, that is, such of them as had been smugglers and -turned evidences, and said that they had acted contrary to the solemn -oaths and engagements they had made and sworn to among themselves, and -therefore wished they might all come to the same end, and be hanged -like him, and d—ned afterwards.</p> - -<p>John Mills stood indicted for two murders, besides robberies, as is -before mentioned; but it is remarkable<span class="pagenum" id="Page_159">[159]</span> that he committed both murders -in twenty days; that of Hawkins, for which he was condemned, was -perpetrated on the 28th of January; and the other, that he was not -tried for, which was the murder of Daniel Chater, he committed the 17th -of the following month.</p> - -<p>It having been said, as soon as Mills was convicted, that the design -of him and Curtis in fetching the two Cockrels, the father and -brother-in-law of Hawkins, to the Dog and Partridge, was to serve them -as they had done Hawkins; Mills being asked the question, at first -seemed very sulky; but at last said, he believed that if Winter and -Robb had not met them and told them that Hawkins was dead, they should -have basted the Cockrels well, when they had got them there; so that in -all probability their lives were preserved by Hawkins dying sooner than -his murderers expected.</p> - -<p>Jeremiah Curtis, alias Pollard, is at Gravelines in France, and has -entered himself into the corps of the Irish brigades; but Richard -Rowland, alias Robb, he imagined for very good reasons, was not out of -the kingdom; and indeed he was seen and spoken to on East Grinstead -Common, which is near that town, the latter end of the month of January -last.</p> - -<p>Being asked if he was upon Hind Heath on Saturday, the 14th of January -last, when the judges were going over it to hold the assizes at -Chichester on the special commission, to try his father and brother, -and the rest of the smugglers then in custody, for the murders of -William Galley and Daniel Chater; he said he was, and two others were -with him, but would not tell their names; that they had no manner of -design against the judges, or any body with them, neither did he or -his companions know or think of the judges coming at that<span class="pagenum" id="Page_160">[160]</span> time, for -they were upon other business; and that he and his said two companions -committed three robberies that afternoon and evening, the nearest being -upwards of twelve miles from Hind Heath; but he refused to name any -particulars, declaring he thought he merited d—nation if he was to -discover any thing, by means of which any of his companions might be -apprehended and convicted.</p> - -<p>At the place of execution<a id="FNanchor_14" href="#Footnote_14" class="fnanchor">[14]</a> he behaved himself much more sedate than -he had done before, during the small time he lay under condemnation, -and prayed very devoutly; as he did indeed all the way from the gaol to -the place of execution, to which he was conveyed under a strong guard -of soldiers. He owned the fact of the murder of Richard Hawkins for -which he suffered; but said when he went away with Curtis to fetch the -two Cockrels, he did not think the man was so near his death.</p> - -<p>He likewise acknowledged being present at the consultation at -Scardefield’s, when it was agreed to murder Daniel Chater, the -shoemaker, who was at that time confined in his father’s skilling -or turf-house; and also that he was concerned with the two Kemps in -going with crape over their faces, and robbing farmer Havendon, of -Heathfield, in the county of Sussex.</p> - -<p>He was pressed hard to make an ingenuous confession of all the crimes -he had been guilty of, but he refused; and said he would inform them -how far he was concerned in anything that was known to the world -already, but nothing else.</p> - -<p>Being then asked if he was with the gang when the<span class="pagenum" id="Page_161">[161]</span> King’s custom-house -at Poole in Dorsetshire was broken open, he said he was, for it was too -well known to deny it.</p> - -<p>Just before he was turned off, he declared he was sorry for his -ill-spent life, and desired all young people to take warning by his -untimely end; and said that Richard Rowland, alias Robb, was only a -servant to Curtis, and was ordered by Curtis to assist him in whipping -poor Hawkins; for the cruelties of which and the murder of Chater, and -all other wicked actions of his life, he hoped God would forgive him; -declaring he died in peace with all mankind, and therefore hoped for -forgiveness.</p> - -<hr class="tb" /> - -<p>We will next proceed and give the trials in a concise manner, of Jockey -Brown, the two Kemps, Fuller and Savage, all smugglers, and tried at -the same assizes at East Grinstead, in Sussex, and then proceed and -give an account of their wicked lives and conversation. And first we -shall proceed on the trial of Jockey Brown.</p> - -<p>John Brown, otherwise Jockey Brown, was indicted for assaulting and -putting in fear John Walter, near Bersted, and robbing him of twelve -guineas in gold and twelve pounds in silver, on the 12th of October, -1748.</p> - -<p>John Walter deposed that riding along the road near Bersted, above -seven o’clock at night, the 12th of October, he was stopped by four -men; two of them laid hold of the horse’s bridle, and demanded his -money, which he not delivering, the other two pulled him off his horse, -one of them drew out a pistol, and the other aimed to strike at his -head with a hanger, which he guarded with his stick; in the meanwhile -one of the other two took a canvas bag with the money in it out<span class="pagenum" id="Page_162">[162]</span> of his -pocket, and afterwards cut his horse’s bridle, and then they all rode -off.</p> - -<p>Thomas Dixon,<a id="FNanchor_15" href="#Footnote_15" class="fnanchor">[15]</a> otherwise Shoemaker Tom, deposed that himself, -the prisoner and two others, attacked the prosecutor in the road to -Bersted, on the 12th of October, pulled him off his horse, and took -from him a canvas bag, with upwards of twenty pounds of gold and silver -in it. They afterwards rode about fourteen miles farther to a public -house, where they shifted, meaning shared, the money among them all -four.</p> - -<p>Thomas Wickens deposed, that the night the prosecutor, Mr. Walter, -was robbed, the last witness Dixon, the prisoner at the bar, and two -others, came to his house about ten o’clock at night; that they called -for a private room, where they stayed drinking till twelve o’clock -at night; that they had often been at his house, sometimes two, and -sometimes three of them together, but at this time they were all -together.</p> - -<p>Sarah Wickens, wife of the last witness, deposed that the night Mr. -Walter was robbed, the prisoner at the bar, Thomas Dixon and two -others, came to their house at ten o’clock at night; that they called -for a pen and ink, and a private room; that she waited upon them, and -saw them telling out money in four parcels: that there was a great deal -of silver and some gold, but could not tell what was the quantity.</p> - -<p>The prisoner in his defence, said that the witness Dixon was a drunken, -idle, good-for-nothing fellow, and deserved no credit to be given to -what he should swear. But as he could call no witness to disprove -the facts or justify his character, and Dixon’s evidence being very<span class="pagenum" id="Page_163">[163]</span> -circumstantially corroborated by Mr. and Mrs. Wickens, the jury found -him Guilty. Death.</p> - -<p>Lawrence Kemp and Thomas Kemp were indicted for forcibly entering the -dwelling-house of Richard Havendon, of Heathfield, disguised, and armed -with firearms and cutlasses, putting him in fear of his life, and -taking from his person eleven shillings and sixpence, and afterwards, -with violence, seizing and carrying away from his dwelling-house, -thirty-five pounds in money, two silver spoons, three gold rings, a -two-handled silver cup, and a silver watch in a tortoiseshell case, the -2nd of November, 1748.</p> - -<p>Richard Havendon deposed that the 2nd November last, about seven at -night, he heard somebody whistle at his door, and going out to see who -was there, four men with crapes over their faces seized him, put a -pistol to his breast, and said they wanted money; upon which he gave -them eleven shillings and sixpence out of his pocket; but they said -that would not do, and took him with them into the house; when they -came in they called for candles, and one of them holding a pistol to -his breast, stayed with him below stairs, while the rest went up, where -they stayed a considerable time, and then came down stairs with what -they had got; they then took him with them to the place where they -had put their horses, and swore they would carry him away with them, -unless he would tell them where the rest of his money was, for they -were sure he had more than what they had got; but when they were got -upon their horses, they bid him good night, and went away and left -him. When he came back to his own house again, he found they had broke -open two doors, two trunks and a box, and taken away the money and -things mentioned in the indictment. Asked what<span class="pagenum" id="Page_164">[164]</span> he was doing when they -whistled at his door, said he was churning.</p> - -<p>Francis Doe, an accomplice in the said robbery, being sworn, deposed -that he, John Mills, alias Smoker (who was convicted for the murder of -Hawkins), and the two prisoners at the bar, agreed to go and rob the -prosecutor’s house. That on the 2nd of November they all four, with -their faces covered with crape, came to his house, and whistled at the -door; that when the prosecutor came out, they seized him and demanded -his money; that the prosecutor gave them eleven shillings and sixpence -out of his pocket; that they then went into the house, and Lawrence -Kemp, one of the prisoners, stood sentry over the prosecutor, whilst -he, this witness, with Mills and Thomas Kemp, the other prisoners, -went upstairs, forced open two doors, two trunks and a box, and took -thereout several pieces of gold and silver, to the amount of five or -six and thirty pounds, together with some rings, spoons and a watch. -That when they came downstairs, they took the prosecutor with them to -where their horses stood, and threatened they would carry him away with -them unless he would discover where the rest of his money was, for they -were sure he had more in the house. That upon his declaring he had no -more, they let him go home, mounted their horses, and rode away. Upon -shifting, that is, sharing the money, he had eight or nine pounds for -his share. That Lawrence Kemp, one of the prisoners at the bar, was to -sell the watch, rings, &c., and to divide the money between them, but -he never did as he knew.</p> - -<p>Jacob Pring deposed that he went down to Bristol to meet with and bring -up John Mills, otherwise Smoker. That when he was there he met with the -two prisoners<span class="pagenum" id="Page_165">[165]</span> at the bar, who agreed to come up with them. That on the -road, talking together of their exploits, the two prisoners owned to -him their robbing the farmer at Heathfield. That they said the old man -was churning when they came to his house. That they craped their faces -over, and took out of the house five or six and thirty pounds, besides -a watch, rings, spoons, and a silver cup.</p> - -<p>Being asked how they came to confess a robbery to him which must affect -their lives, he said that he, the two Kemps, and Mills, alias Smoker, -had agreed to go robbing on the highway, and to break open houses; -that the prisoners bragged of this amongst other robberies they had -committed.</p> - -<p>Being asked by the court whether he had repented of the agreement he -had so made, he said that he had no such intention, but that it was -only a feint, and that he went down to Bristol on purpose to bring up -Mills that he might be apprehended. That there meeting with the Kemps -also, and hearing of this robbery at Heathfield, he resolved to do all -in his power to allure them to his house, in order to get them and -Mills apprehended.</p> - -<p>The prisoners being called upon to make their defence, both said they -knew nothing of the robbery; and the prisoner Thomas Kemp said that -they never made any such confession to the evidence, Pring; that he, -together with John Mills, alias Smoker, Francis Doe and Jockey Brown, -were all the persons who robbed the farmer at Heathfield.</p> - -<p>Being asked whether they had any witness to prove what they had -asserted, or where they were when the robbery was committed, they -said they had no witnesses, for that they had no “steady,” meaning no -certain place of abode, for two years past; upon which the jury found -them both Guilty. Death.</p> - -<p><span class="pagenum" id="Page_166">[166]</span></p> - -<p>Robert Fuller was indicted for assaulting William Wittenden in an open -field, near the King’s highway, putting him in fear of his life, and -taking from the said William Wittenden seven shillings and sevenpence -halfpenny, the 14th of November.</p> - -<p>William Wittenden deposed that coming across a field near Worth, the -prisoner at the bar, who was on horseback, stopped him and enquired -the way to Worth; that this witness directed him; then the prisoner -asked if he had any money; he answered, “No.” The prisoner replied, -“D—n you, you have, and I will have it,” and then pulled out a pistol -and put it to his breast; that then this witness pulled out a little -bag, in which was seven shillings and sixpence in silver, and three -halfpence, which the prisoner snatched from him, and then rode away.</p> - -<p>Being asked by the court if he was sure the prisoner was the man that -robbed him, answered he was very sure, and that he saw him ride by him -the next day, in company with another man.</p> - -<p>The prisoner in his defence said that the prosecutor declared, when he -came to see him in the prison, that he did not know him; and to prove -this called William Cooper, who, being sworn, deposed that the day -before, the prisoner at the bar, with two other prisoners, were put -into a room; that the prosecutor came in and said he knew nobody there.</p> - -<p>The prosecutor being asked how many prisoners he saw in that room, said -he saw but two, and that afterwards he went into another room, where -all the prisoners were, and did not see anybody there that he knew, -but, turning on his right hand, he saw the prisoner standing behind -him, and he said, “That is the man that robbed me.”</p> - -<p><span class="pagenum" id="Page_167">[167]</span></p> - -<p>Mr. Rackster deposed that he was in the room the first time the -prosecutor saw the prisoners; that there were indeed three prisoners in -the room, but that the prosecutor saw but two, which stood before him, -for the prisoner at the bar stood behind him, which was the reason that -he did not see him then.</p> - -<p>The prisoner being asked if he had any witnesses to his innocence or -character, answered that he had none; upon which the jury found him -Guilty. Death.</p> - -<p>Richard Savage was indicted for stealing out of the Lewes waggon -twenty-two yards three-quarters of scarlet cloth, twenty-six yards of -blue cloth, the property of Thomas Friend, of Lewes, and a box, in -which were contained two silk gowns and two guineas, the property of a -person unknown, on April 5th, 1748.</p> - -<p>Mr. Friend deposed that he knew his servant put up the cloth, and -ordered it to be carried to the waggon.</p> - -<p>William Brown, servant to Mr. Friend, deposed that he delivered the -cloth to the carrier’s man.</p> - -<p>Matthew Comber, the carrier’s man, said he received the cloth from the -last witness. That on the 5th of April last he was set to watch the -waggon all night at Chailey; that two men came up to him about ten -o’clock at night, enquiring what waggon it was; on his telling them, -they took him away about two hundred yards from the waggon, where one -of them kept him prisoner with a pistol at his breast; that then came -up seven more men, who got off their horses, and left them at some -distance from the waggon, with one man to take care of them. That the -rest of the men went up to the waggon, and cut the cords, threw off -some woolpacks, and then threw some boxes and other goods out of the -waggon; that they broke open the boxes, took out the goods, loaded -their horses, and went away.</p> - -<p><span class="pagenum" id="Page_168">[168]</span></p> - -<p>Thomas Winter, otherwise the Coachman, an accomplice, deposed that on -the 5th of April, he and Shoemaker Tom, with the prisoner at the bar -and several others, met at Deval’s house at Bird’s Hole, and agreed to -go out and rob a waggon that was loaded with wrecked goods; that about -ten o’clock at night they came all together upon Chailey Common, where -they took the carrier’s man prisoner, and one of them kept him so, -while the rest went and rifled the waggon. That they broke open several -boxes and parcels, and took away a large parcel of scarlet cloth, and -another large parcel of blue cloth, and a box with two silk gowns and -two guineas in it, with other goods. That after they had loaded their -horses they rode away to Bird’s Hole, near Devil’s Ditch, where they -shared the goods; that the prisoner at the bar was with them in the -robbery, and had a share of the goods.</p> - -<p>Thomas Dixon, otherwise Shoemaker Tom, another accomplice, deposed that -he and Winter, and several others, met together at Deval’s house, at -Bird’s Hole, and agreed to go and rob the waggon, as mentioned by the -last evidence; that there they laid hold of the carrier’s man, took him -some distance from the waggon, and set one of their number as a guard -over him; that they then plundered the waggon, and took the cloth and -other things mentioned in the indictment; that having loaded their -horses, they made the best of their way to Bird’s Hole, and in a ditch -near that place they divided the spoil.</p> - -<p>Being asked by the court if the prisoner at the bar was with them at -the time of their committing the robbery, said he believed he was, but -was not sure; but that he was very sure that he was present at the time -of sharing the goods, and that he had his share in<span class="pagenum" id="Page_169">[169]</span> the dividend; and -that this witness sold his share to the last evidence, Thomas Winter.</p> - -<p>The prisoner in his defence denied being any ways concerned in the -robbery; but had no witnesses to call to contradict the facts as sworn -by the witnesses for the prosecution. The jury brought him in Guilty of -single felony. Transportation.</p> - -<p>Mr. Friend, the prosecutor of Savage, laid the indictment for single -felony, because he did not care to take life away; but the trial had -not been over an hour, before he was informed by Winter and Shoemaker -Tom that Savage had been concerned with them in many things, and that -when Savage lived as a servant to Mr. Friend’s brother, to look after -and manage a farm for him, that was fallen upon his hands by a tenant -leaving it, that Savage used to entertain them all, which was a gang of -about twelve or thirteen, where they used to come with their goods, and -he found the horses in hay and corn, and them with victuals and drink; -and they gave him tea and brandy for it, which he sold for his own use. -He received sentence of transportation, but is ordered to be stopped in -order to be tried next assizes for another fact.</p> - -<hr class="tb" /> - -<p>Having now given an account of the trials of all the seven smugglers -at East Grinstead, six of whom were executed for the several crimes of -which they stood convicted, we shall now proceed to give an account of -their behaviour and last dying words.</p> - -<p>John Brown, alias Jockey Brown, about 33 years of age, was born of -honest parents in the county of Sussex, who gave him a tolerable -education, but he had followed smuggling for many years, and being -apprehensive of being taken up for that crime, he absconded from his -home<span class="pagenum" id="Page_170">[170]</span> and lurked about; and being acquainted with Winter, commonly -called the Coachman, Shoemaker Tom, who was evidence against him at his -trial, Fuller, and the two Kemps, his fellow sufferers, and many more -smugglers, many of whom were outlawed, they all agreed to rob on the -highway, and break open houses, in order to support themselves, being -afraid to go a-smuggling; but they did that sometimes, when they could -get anybody that they could trust to take the goods. He refused to make -a general confession, but did not deny being concerned in robbing Mr. -Walter on the highway near Bersted, for which he suffered.</p> - -<p>He exclaimed against Mr. Wickens and his wife, who gave evidence -against him at his trial, and said that he had never done them any harm.</p> - -<p>He was taken up at first on suspicion of being a smuggler with Richard -Mills, who was executed at Chichester, Richard Perrin, alias Payne, -Thomas Kingsmill, alias the Staymaker, and William Fairall, alias -the Shepherd, the three last now under condemnation in Newgate, for -breaking open his Majesty’s warehouse at Poole; and being carried -before Justice Hammond, in the Borough of Southwark, he committed them -all five to the county gaol for Surrey, from whence he was removed by a -Habeas Corpus to East Grinstead to take his trial.</p> - -<p>He was not so very penitent as a person should be under his unhappy -circumstances, but he frequently prayed to God to forgive him, and -lamented most for the disgrace he had brought upon his family.</p> - -<p>Lawrence Kemp and Thomas Kemp, two brothers, whose trials have been -before related, refused to give an account of themselves, only that -they were born near Hawkhurst, in Kent, and that they had been -smugglers<span class="pagenum" id="Page_171">[171]</span> for many years and had committed many robberies, but said -they never were concerned in any murder.</p> - -<p>Thomas Kemp being asked if he was guilty of the indictment he was tried -upon at the Old Bailey before he broke out of Newgate, he at first did -not care to answer the question, but at last said he was.</p> - -<p>They married two daughters of a farmer near Nettlebed, in Oxfordshire; -but as the father of the unhappy young women lives in good reputation, -and the women themselves having the character of very virtuous persons, -we think it improper to mention any particulars concerning them, their -own misfortunes being sufficient trouble to them.</p> - -<p>As to Thomas Kemp, he broke out of Newgate soon after he was tried and -acquitted at the Old Bailey, being charged with a large debt due to the -crown; the circumstances attending his escape being somewhat more than -common, we shall here insert them.</p> - -<p>Thomas Potter and three other smugglers came into the press-yard of -Newgate to see Thomas Kemp and William Grey, who was also one of the -Hawkhurst gang, when they agreed at all hazards to assist in getting -them out; and accordingly the time was fixed (Kemp having no irons, -and Grey had his so managed as to let them fall off when he pleased), -and Potter and the other three came to the press-yard door, and rung -the bell for the turnkey to come and let them in; when he came and had -unlocked the door, Potter immediately knocked him down with a horse -pistol, and cut him terribly, when Kemp and Grey made their escape, and -Potter and his companions got clear off without being discovered.</p> - -<p>There were three other prisoners got out with them, but were taken -directly, having irons on.</p> - -<p><span class="pagenum" id="Page_172">[172]</span></p> - -<p>They were both very obstinate men, and could not be brought to think -that smuggling was a crime, and when asked if they did not think -robbing farmer Havendon, for which they were convicted, was a crime, -they said they did, and begged pardon of him for it, but that if they -had not been obliged to hide themselves from their home, for fear -of being apprehended as smugglers, they should never have committed -robberies.</p> - -<p>Thomas Fuller, about thirty years of age, born in Kent, at first denied -the robbery for which he was to suffer, and often said it was very hard -to take away the life of a man on the single testimony of one person, -who was to receive a reward for so doing; but the day before his -execution he was brought to a confession of the fact, and acknowledged -he did commit it in the manner it was sworn at his trial.</p> - -<p>His wife attended him at his trial, and during his condemnation, for -whose misfortunes he often declared himself sorry, and said he did not -value death, but that he left her to the reproaches of a censorious -world; but begged for God’s sake, that nobody would reflect on her -or any of her family, for none of them were ever privy to his wicked -actions.</p> - -<p>He acknowledged he had been a smuggler many years, and was as deeply -concerned as most of them; but that he was not concerned in breaking -open the King’s warehouse at Poole, nor in the murders of Galley and -Chater; but confessed he had been a very wicked sinner.</p> - -<p>On Saturday, the 1st day of April last, they were all taken out of -Horsham gaol and carried to the gallows, where they all seemed much -more composed and devout than they had been before. None of them made -any confessions, only desired all the spectators to take<span class="pagenum" id="Page_173">[173]</span> warning by -their untimely end, particularly all young people.</p> - -<p>After they had said their prayers some time, they were all tied up to -the gallows and turned out of a cart, crying to the Lord to receive -their souls.</p> - -<hr class="tb" /> - -<p>We shall now give our readers, as we promised, an account of those -four notorious smugglers, tried also at the assizes at Rochester, for -the county of Kent, for divers robberies, and who were executed on -Pickenden Heath, near Maidstone; whose method of robbing was going in -the evening, disguised, and getting into houses, then binding all the -family and robbing the same.</p> - -<p>Stephen Diprose and James Bartlett were indicted, together with John -Crumpton, not yet taken, for forcibly entering the dwelling-house of -John Rich, of Linton, in the county of Kent, on the 31st of October -last, putting him in fear of his life, and feloniously taking away -£170<i>l.</i> in money, one small box and three gold rings.</p> - -<p>The prosecutor deposed that about six o’clock in the evening on the -31st of October, somebody knocked at the door, and on his servant going -to see who it was, four men rushed in, all disguised, with pistols and -cutlasses in their hands. When they came in they demanded money, and -asked him where his money was, upon which he desired they would be -easy, and he would give them what he had. But they put one over him, -and two of them went and rifled the house; and when they were gone he -missed the money, &c., mentioned in the indictment.</p> - -<p>Thomas Rogers, an accomplice in the fact, was next called, who deposed -that he, the prisoners Stephen Diprose and James Bartlett, and John -Crumpton, not yet taken, agreed to go and get some money upon the<span class="pagenum" id="Page_174">[174]</span> -31st October, and accordingly came to a resolution to go and rob Mr. -Rich, of Linton. Accordingly they all set out, and when they came to -Mr. Rich’s door, Diprose knocked, and the door was soon opened, on -which they all rushed in with firearms and cutlasses in their hands, -and seized Mr. Rich and all his family, most of whom they bound, but -who they were in particular he could not tell; that those who were not -bound had one to stand guard over them, and two of the gang, Crumpton -and James Bartlett, rifled the house; and that he believed they took -away all the things mentioned in the indictment.</p> - -<p>Being asked what he meant by saying he believed they took away all the -things mentioned in the indictment, said that they did not give him nor -Diprose a share of anything more than two gold rings and about seventy -pounds in money; but that since that time he had heard by Crumpton that -they took more money and goods at Mr. Rich’s of Linton, which he and -Bartlett had concealed.</p> - -<p>Being asked if he was sure the prisoners at the bar were with him at -the commencement of the fact, he said that they all agreed to go to -Linton on purpose to rob Mr. Rich, imagining he had got a great deal of -cash by him in his house.</p> - -<p>Several of Mr. Rich’s servants were then produced, who deposed to the -like effect of the thieves coming to their master’s house, and acting -in the manner as was before related by the evidence Rogers; and some of -them deposed further that the prisoners and Rogers were, they believed, -three of the four men by their size and voices, that robbed Mr. Rich’s -house, and bound most of his family. Here the proof for the prosecutor -was ended.</p> - -<p><span class="pagenum" id="Page_175">[175]</span></p> - -<p>The prisoners being called on to make their defence, had little or -nothing to say, only denied the fact, and said that Thomas Rogers was -a very wicked fellow, and that they knew nothing of him; and supposed -he swore this to get himself at liberty, and for the sake of the reward -that was to be paid on their conviction; but having no witnesses to -prove the contrary of what Rogers had sworn, and nobody appearing to -give them the character of honest men; and it likewise appearing by the -testimony of credible witnesses, that they and Rogers and Crumpton, -who stand indicted for the same, were all acquaintance, and frequently -together, and reputed all smugglers, the jury, without going out of -court, brought them both in Guilty. Death.</p> - -<p>William Priggs and James Bartlett (the same Bartlett convicted -on the last indictment), were indicted for forcibly entering the -dwelling-house of John Wright, of Snave, in the county of Kent, and -taking from thence two bags of money containing 31<i>l.</i> -7s. 6d.</p> - -<p>This fact was proved upon the prisoners by the prosecutor and his -servants, and Rogers an accomplice; the prosecutor deposing he knew the -prisoners again, and was sure they were the men that robbed him of the -two bags of money mentioned in the indictment; he further deposed that -when they came into his house they had all pistols and cutlasses in -their hands, and swore they came for money, and “D—n them,” money they -would have; that they bound him and his family, and one stood sentry -with a pistol cocked in his hand, while the others went upstairs and -took the money: that it was Priggs that stood sentry, while Bartlett -and Rogers went and took the money.</p> - -<p>The prosecutor further deposed, that when they had got the two bags -which contained 31<i>l.</i> 7s. 6d., they<span class="pagenum" id="Page_176">[176]</span> swore they would blow his -brains out if he did not tell them where the rest of his money was, for -they were sure that was not all; that they would destroy the family if -they did not confess where there was more money; but upon his declaring -he had no more in the house, and they making him swear it, they went -away and, on going, said if they stirred for two hours, or attempted to -call out, they would murder them, and to that end should stay just by -to watch.</p> - -<p>Thomas Rogers, the same witness as was against Bartlett and Diprose on -the last indictment, deposed that he and the two prisoners went and -committed the robbery at Mr. Wright’s house, at Snave, and bound Mr. -Wright and his family, and took the two bags of money mentioned in the -indictment; that they had crapes with them to put over their faces, but -did not put them on at the committing this robbery.</p> - -<p>Several other witnesses were produced, who confirmed what had been -sworn by the prosecutor and Rogers the accomplice; and the prisoners -having nothing to say or prove in contradiction to the evidence that -had been given for the crown, only in general said they were innocent -of the crime laid to their charge, the jury brought them both in -Guilty. Death.</p> - -<p>Thomas Potter was tried for stealing a horse; but as he so solemnly -declared, and took the Sacrament just before his execution, that he -knew nothing of the robbery, we shall omit the evidence, or the names -of those concerned in the prosecution. The fact was sworn positively -upon him, and he, not being able to prove the contrary, was found -Guilty. Death.</p> - -<p>While these men were under sentence of death, they were visited -frequently by a reverend divine of the town of Maidstone, who -endeavoured to bring them to<span class="pagenum" id="Page_177">[177]</span> a true and thorough repentance of all -their past wicked lives and actions, being well assured that they had -been smugglers many years, and that they had belonged to a gang, who -committed many robberies, such as robbing houses in the same manner -as the indictment had charged Diprose, Bartlett and Priggs; and also -with having committed many robberies on the highway, besides other vile -outrages, as well as smuggling.</p> - -<p>They all behaved indifferently well under their unhappy circumstances, -much better than those who had been smugglers generally did, and -frequently prayed to God with great fervency, and were seemingly very -sorry for their past misspent lives.</p> - -<p>Thomas Potter, born at Hawkhurst, in Kent, twenty-eight years of age, -declared he had been a very wicked sinner, and that he had been guilty -of all manner of crimes except murder; which he declared he never was; -though he confessed he did design to murder the turnkey of Newgate, -when he went to get Grey and Kemp out of gaol; but that he was glad it -happened no worse than it did, and that he often prayed the man might -recover of the wounds he gave him; and that when he heard he was well -again, he said it gave him great satisfaction.</p> - -<p>He absolutely denied the fact for which he suffered, but acknowledged -that he had committed crimes sufficient to have hanged him for many -years past.</p> - -<p>He refused to make any particular confession, but acknowledged that -he had been a smuggler many years; and that he was well acquainted -with the Kemps, Brown and Fuller: also with the Mills’s, as likewise -with Winter the Coachman, and Shoemaker Tom, who were both admitted -evidences against their companions at Horsham.</p> - -<p><span class="pagenum" id="Page_178">[178]</span></p> - -<p>William Priggs was born at Seling, in the county of Kent, of very -honest parents, who gave him a good education in a common way, was -about thirty years of age, and had been a smuggler some years last past.</p> - -<p>He acknowledged committing the fact for which he died, as was sworn -against him on his trial, and begged pardon of the prosecutor for the -great injury he had done him; as also of others he had in any ways -injured in his life.</p> - -<p>He solemnly declared that it was the evil gang he kept company with -that persuaded him to commit the fact he died for, and said he never -had been guilty of many robberies, though he had been a smuggler many -years.</p> - -<p>The day before his execution he declared himself truly penitent for all -his wicked crimes he had been guilty of, and said he freely forgave his -prosecutor, as he hoped for forgiveness from God.</p> - -<p>He was asked if he knew of the robbery of the Rev. Mr. Wentworth, of -Brenset, in the county of Kent, on the 19th day of December, when -he declared he did not; but that he had heard that one Butler was -concerned; and for anything more concerning that affair he did not know.</p> - -<p>James Bartlett, aged forty-two years, was born of very honest parents -at Aknidge, in the county of Kent, who gave him as much education as -their circumstances would allow them.</p> - -<p>He acknowledged the fact for which he died, but said as Priggs did, -that it was evil company that he had associated himself with that drew -him in to commit those wicked crimes.</p> - -<p>He seemed very obstinate most of the time of his being under -condemnation, and would not acknowledge himself guilty of any other -robberies, but said he had<span class="pagenum" id="Page_179">[179]</span> been a smuggler many years, and did not see -any great crime in that.</p> - -<p>He was particularly pressed to state if he was not concerned in any -murders, particularly that of Mr. Castle, the excise officer, who was -shot on Silhurst Common by a gang of smugglers, when he, with several -other officers, had seized some run goods; to which he would not give -a positive answer, so that there were some grounds to think he was -concerned.</p> - -<p>He often said he had not the sin of murder to answer for; but one of -his unhappy companions, and a fellow-sufferer, said he evaded the -thing, by meaning that no person was ever murdered by his hands, but -that Bartlett had been concerned where murder had been committed.</p> - -<p>Stephen Diprose, born of honest parents, at High Halden, in the county -of Kent, thirty-nine years of age, acknowledged himself guilty of the -crime for which he was to suffer, and said he had been a wicked liver -and a most notorious smuggler, having followed that employment for -a great number of years; and that he never entertained a thought of -smuggling being a crime till now, and that he was sincerely sorry for -all his past iniquities.</p> - -<p>He, as well as Priggs and Bartlett, laid the blame upon evil company, -and said it was by the persuasion of some of his companions that -he ever went a-robbing; but just before he went out of the gaol to -execution he confessed it was pure necessity that obliged him to it, as -it was the case of the rest of his companions who were afraid of being -apprehended for smuggling; which if it so happened, they were all dead -men.</p> - -<p>He said that he verily believed that the reason why so many notorious -villainies and murders had been<span class="pagenum" id="Page_180">[180]</span> committed by the smugglers was owing -to their not being safe in appearing publicly.</p> - -<p>On Thursday, the 30th of March, they were conveyed from Maidstone gaol -to Pickenden Heath, the usual place of execution.</p> - -<p>There were three more criminals executed with them, that were likewise -convicted at the same assizes at Rochester, viz.:—Samuel Eling, who -was born at Stanmore, in Middlesex, about thirty-five years of age, and -John Davis, born near Hertford Town, aged twenty-two, as companions, -for a robbery on the highway on Bexley Heath; and Richard Watson, born -in Yorkshire, who would not tell his age, but supposed between thirty -and forty, also for a robbery on the highway. These three criminals -behaved themselves penitently at the gallows, as indeed they had done -during the time of their lying under condemnation; and Eling and -Davis declared to the last moment they were both innocent, and that -they had never been guilty of any felonies or robberies; and forgave -their prosecutor, as they expected forgiveness; and declared they died -Protestants. Watson acknowledged his guilt; and said little more than -that he forgave all his enemies, and died in charity with all men.</p> - -<p>At the place of execution they all behaved penitently. Potter declared -to the last moment he did not commit the robbery for which he died; and -said he freely forgave his prosecutors, as he hoped for forgiveness for -all his manifold sins, through his Redeemer Jesus Christ. Diprose said -that his greatest consolation was, he never committed murder, or had -been concerned at any time when murder had been committed. They none -added anything to their former confessions, and having done praying and -singing psalms, were turned off, crying to the Lord Jesus to receive -their souls.</p> - -<p><span class="pagenum" id="Page_181">[181]</span></p> - -<p>Having now finished the accounts of those smugglers, except Kingsmill, -alias Staymaker, Fairall, alias Shepherd, Perrin, Glover and -Lilliwhite, who were tried at the Old Bailey, for breaking open the -King’s custom-house at Poole, we shall next proceed to give their -trials, and conclude this work with a particular account of their -lives, and the last dying words of Kingsmill, Fairall and Perrin, who -were executed at Tyburn, the first two named now hanging in chains in -Kent.</p> - -<p>As to the life of Kingsmill, it will appear to be very remarkable; but -for that of Fairall the like was never heard before, he being, even as -he acknowledged himself, the most wicked smuggler living.</p> - -<p>Thomas Kingsmill, alias Staymaker, William Fairall, alias Shepherd, -Richard Perrin, alias Pain, alias Carpenter, Thomas Lilliwhite, and -Richard Glover were indicted, and tried at the sessions-house in the -Old Bailey, on Friday, the 4th of April, 1749, for being concerned -with others, to the number of thirty persons, in breaking into the -King’s custom-house at Poole, and stealing out of thence thirty-seven -hundredweight of tea, value 500<i>l.</i> and upwards, on October 7th, -1747.</p> - -<p>The prisoners being severally arraigned, and pleading not guilty, -the counsel for the King opened the nature of the indictment. Then -Mr. Bankes and Mr. Smythe, two of his Majesty’s counsel, spoke very -particularly to the whole affair, shewing the enormity of the crime as -being the most unheard-of act of villainy and impudence ever known, and -proceeded to call the witnesses in support of the charge.</p> - -<p>Captain William Johnson called and sworn: I have a deputation from -the customs to seize prohibited goods. On the 22nd of September, -1747, I was stationed out of Stainham Bay, just by Poole. I was under -the north<span class="pagenum" id="Page_182">[182]</span> shore and examined a cutter I suspected to be a smuggler. -After quitting her I had a sight of the Three Brothers; I discovered -her to the eastward, and after discovering her she put before the -wind at N.N.W. I gave her chase with all the sail I could make; I -chased her from before five in the afternoon till about eleven at -night. After firing several shot at her, I brought her to. I went -myself on board, and found she was loaded with tea, brandy and rum. -The tea was in canvas, and oilskin bags over that, the usual packing -for tea intended to be run; there was a delivery of it, forty-one -hundredweight and three-quarters gross weight; there were thirty-nine -casks, slung with ropes, in order to load upon horses, as smuggling -brandy commonly is; there were seven persons in the cutter. I cannot -say any of the prisoners at the bar were there. I carried these goods -to the custom-house at Poole, and delivered them into the charge of the -Collector of Customs there; the tea was deposited in the upper part of -the warehouse; the brandy and rum were lodged in another part beneath.</p> - -<p>William Milner, Esq., was next called and sworn: I am Collector of the -Customs at Poole. On the 22nd or 23rd of September, Captain Johnson -brought a vessel, whose name was given to me to be the Three Brothers. -She had burthen two ton of tea, thirty-nine casks of brandy and rum, -and a small bag of coffee. The tea was put in the upper part over the -custom-house all together, except one small bag, which was damaged, -which we put by the chimney. We made it secure; but it was taken away.</p> - -<p>Q. Give us an account how it was taken away.</p> - -<p>Milner. On the seventh of October, between two and three in the -morning, I had advice brought me by<span class="pagenum" id="Page_183">[183]</span> one of the officers, that the -custom-house was broken open; the staples were forced out of the -posts; about five or six feet farther there was another door broken; -at the door of my office the upper panel was broken in pieces, as if -done with a hatchet, by which means they could more easily come at the -lock, which was broken; and another door leading into the warehouse was -also broken in pieces, so that there was a free passage made up to the -tea warehouse, and the tea all carried off, except what was scattered -over the floor, and one bag of about five or six pounds and the bag of -coffee. They never attempted the brandy and rum.</p> - -<p>Q. Did anybody ever come to claim the brandy and rum?</p> - -<p>Milner. No, for it was condemned in the Exchequer.</p> - -<p>Q. Was the tea in such sort of packages as the East India Company have?</p> - -<p>Milner. No, sir, it was packed as is usual for run tea, and the brandy -was in small casks all slung ready to fling over the horses.</p> - -<p>The counsel for the crown having done examining Mr. Milner, proceeded -to call several witnesses who were concerned in the fact; and in order -that nothing but justice might be done, and the truth only appear -against them, the witnesses were called in separately, so that Steel, -who was the second, was not admitted into court till Race, who was the -first examined, had gone through his evidence; and Fogden, who was the -third and last examined, was likewise not suffered to go into Court -till Steel had done.</p> - -<p>John Race was called and sworn; who being asked if he knew the -custom-house at Poole, answered, “I do know the custom-house at Poole.”</p> - -<p>Q. Do you know any thing of its being broken open?</p> - -<p><span class="pagenum" id="Page_184">[184]</span></p> - -<p>Race. It was broken open soon after Michaelmas. I do not know the day -of the month. It was a year ago last October. There was tea taken out -of it.</p> - -<p>Court. Look at the prisoners. Do you know either of them?</p> - -<p>Race. I know them all.</p> - -<p>Court. Give us an account of what you know about it.</p> - -<p>Race. I was not at the first meeting. The first time I was with them -about it was in Charlton Forest, belonging to the Duke of Richmond: -there was only Richard Perrin of the prisoners there then. We set our -hands to a piece of paper to go and break open Poole custom-house, and -take out the goods. It was Edmund Richards that set our names down; -some of them met there Sunday, but I was not then with them; when we -met on the Monday at Rowland’s Castle, the prisoners were all there, -except Kingsmill and Fairall, and were all armed when they met, with -blunderbusses, carbines and pistols; some lived thereabouts and some -towards Chichester; so we met there to set out altogether. When we came -to the Forest of Bere, joining to Horndean, the Hawkhurst gang met us, -the prisoners Kingsmill and Fairall being with them, and they were -seven in number, and brought with them, besides the horses they rode -on, a little horse, which carried their arms; we went in company after -we were joined, till we came to Lindhurst; there we lay all day on -Tuesday, then all the prisoners were there; then we set out for Poole -in the glimpse of the evening, and came to Poole about eleven at night.</p> - -<p>Q. Were all the prisoners armed?</p> - -<p>Race. To the best of my knowledge all the prisoners were armed both at -Horndean in the Forest of Bere, and at Lindhurst; and when we came near -the town<span class="pagenum" id="Page_185">[185]</span> of Poole, we sent two men to see if all things were clear for -us to go to work, in breaking the warehouse, &c. The men were Thomas -Willis and Thomas Stringer; Thomas Willis came to us and said “There is -a large sloop laying up against the quay; she will plant her guns to -the custom-house door, and tear us in pieces, so it cannot be done.” We -were turning our horses to go back, when Kingsmill and Fairall and the -rest of their countrymen said, “If you will not do it, we will go and -do it ourselves.” This was the Hawkhurst gang. John and Richard Mills -were with them; we call them the East-country people; they were fetched -to help to break the custom-house. Some time after this, while we were -consulting what we should do, Thomas Stringer returned and said the -tide was low, and that the vessel could not bring her guns to bear to -fire upon us. Then we all went forward to Poole. We rode down a little -back lane on the left side the town, and came to the seaside. Just by -this place we quitted our horses; Perrin and Lilliwhite stayed there to -look after them.</p> - -<p>Court. Why did you leave Perrin and Lilliwhite with the horses, more -than anybody else?</p> - -<p>Race. Because Perrin was troubled sometimes with the rheumatism, and -not able to carry the goods so well as the rest; and Lilliwhite was a -young man and had never been with us before.</p> - -<p>Court. Well, go forward with your evidence.</p> - -<p>Race. We went forward, and, going along, we met a lad, a fisherman; we -kept him a prisoner. When we came to the custom-house, we broke open -the door of the inside; and when we found where the tea was, we took it -away. There was about thirty-seven hundredweight and three-quarters. -We brought it to the horses, and slung it with the slings, and loaded -our<span class="pagenum" id="Page_186">[186]</span> horses with it; the horses were two or three hundred yards off the -custom-house. We sacked it in what we call horse-sacks to load.</p> - -<p>Court. Were all the prisoners at the bar, or which of them, present at -loading the horses?</p> - -<p>Race. All the five prisoners were there, I am sure; and after we -loaded all the horses, we went to a place called Fordingbridge; there -we breakfasted and fed our horses. There were thirty-one horses, and -thirty men of us; the odd horse was that for the East-countrymen to -carry their arms upon.</p> - -<p>The counsel for the King having done with this witness, those of the -counsel for the prisoners got up; and as Mr. Crowle was for Perrin, Mr. -Carew for Glover, and Mr. Spilltimber for Lilliwhite, the court advised -them to ask such questions only as related to the prisoners they were -retained for.</p> - - -<p class="center p-left p1">Cross-examined by Lilliwhite’s counsel.</p> - -<p>Q. Did you see either of the prisoners assist in breaking the custom -house?</p> - -<p>Race. I saw Fairall and Kingsmill carry tea from the custom-house to -the horses. When we came back to a place called Brooke, there we got a -pair of steelyards and weighed the tea, and equally divided to each man -his share; it made five bags a man, about twenty-seven pounds in a bag; -the two men that held the horses, which were Lilliwhite and Perrin, had -the same quantity.</p> - -<p>Q. Were you all armed—are you sure?</p> - -<p>Race. There were twenty of us all armed at Rowland’s Castle. Richard -Perrin had a pair of pistols tied round his middle.</p> - -<p>Q. Had Lilliwhite arms?</p> - -<p>Race. Lilliwhite lay at my house on Sunday night,<span class="pagenum" id="Page_187">[187]</span> and another man with -him; their horses were in my stable.</p> - -<p>Q. Give me an answer to my question; are you sure that Lilliwhite had -arms about him when you left him to hold the horses?</p> - -<p>Race. I cannot tell; I cannot be quite certain.</p> - -<p>Q. Was Lilliwhite ever with you before or since that time?</p> - -<p>Race. No, never, as I know of; I never heard he was a smuggler.</p> - - -<p class="center p-left p1">Cross-examined by Glover’s counsel.</p> - -<p>Q. Was Glover ever a reputed smuggler before, or did he ever act as -such?</p> - -<p>Race. No, not as I know of, neither before nor since. Richard Perrin -was the merchant that went over to Guernsey to buy this cargo of -brandy, rum and tea. I paid him part of the money as my share to go. He -told me, after the goods were taken and put on board another vessel, -that he had lost the tea by the Swift privateer, Captain Johnson.</p> - -<p>Q. Hid you never hear that Glover was forced to go against his consent -by Richards, his relation?</p> - -<p>Race. No, I did not hear any such thing. Edmund Richards brought him, -and I never knew him do anything but this time.</p> - - -<p class="center p-left p1">Cross-examined by Perrin’s counsel.</p> - -<p>Q. Are you sure that Perrin was armed, particularly when he was with -the horses?</p> - -<p>Race. Yes, he was, and was armed all the way we went from the Forest of -Bere, and at that place too.</p> - -<p>Q. You say Perrin was troubled with the rheumatism; why would you take -a man with you that could not help you to carry off the goods?</p> - -<p><span class="pagenum" id="Page_188">[188]</span></p> - -<p>Race. I don’t know; I am sure he was with us, and had his share of tea -when we divided it at Brooke.</p> - -<p>William Steel was called, and appearing, was sworn.</p> - -<p>William Steel. When I came home, I was told the goods were taken -by Captain Johnson. The first time we met, I cannot say any of -the prisoners were there. When we met in Charlton Forest at the -Center-tree, I believe Richard Perrin was there; there were a great -many of us there; this was some time in October; we met to conclude -about getting this tea out of Poole custom-house. We came to some -conclusion there; from thence we came to Rowland’s Castle on a Sunday -in the afternoon; there were about twenty of us; I think Thomas -Lilliwhite was there.</p> - -<p>Q. Were there any of your company armed?</p> - -<p>Steel. I cannot say there were any arms there on the Sunday. On the -Monday, in the afternoon, some time before sunset, when we set out, -every man was armed.</p> - -<p>Q. How came they by their firearms?</p> - -<p>Steel. They had them from their own houses, as far as I know. I do not -remember one man without: some had pistols, some blunderbusses; all the -Hawkhurst men had long arms slung round their shoulders, and Fairall, -alias Shepherd, had a hanger. We went from Rowland’s Castle, and when -we came to the Forest of Bere we were joined by the Hawkhurst gang; -this was on a Monday night. The prisoners Kingsmill and Fairall were -part of the Hawkhurst gang that joined us, and had with them a little -horse which brought their arms and would follow a grey horse one of -them rode on; there were about seven of them. We went from Dean to -Lindhurst, and when we set out from thence to Poole we were all armed; -we all looked at our firearms to see if they were primed.</p> - -<p><span class="pagenum" id="Page_189">[189]</span></p> - -<p>Court. When you looked at your arms to see if they were primed at Dean, -are you sure all the prisoners were there, or which of them?</p> - -<p>Steel. They were all five there at that time, and we went together -till we came near Poole, when Stringer and Willis went forward to see -how the way stood; and when we came within about a mile of the town, -Willis and Stringer<a id="FNanchor_16" href="#Footnote_16" class="fnanchor">[16]</a> came and met us, and one of them said it was -impossible to be done. We turned our horses again, and came to a little -lane, and every man got off, and tied our horses up to a rail, which -was put along a sort of a common. There were thirty-one horses; we -left them under the care of Thomas Lilliwhite and Perrin; we every man -went to the custom-house, and broke it open. I and another went to the -quay, to see that nobody came to molest us. When I came back again the -custom-house was broken open; they said it was done with iron bars. -They were carrying the tea when the other man and I came to them.</p> - -<p>Court. Who do you mean were carrying the tea?</p> - -<p>Steel. All that went on purpose to break the custom-house open; I do -not mean any in particular.</p> - -<p>Court. Were any of the prisoners there?</p> - -<p>Steel. Yes; Glover, Kingsmill and Fairall, Lilliwhite and Perrin being -still with the horses. When we came we found the strings and tied it -together, and carried it away to a gravelly place. There we fetched -our horses to the place, and loaded them and carried it away. Then we -went to a place called Fordingbridge, where we baited and refreshed -ourselves. We loaded, and went for a place called Sandy Hill; but at a -place called<span class="pagenum" id="Page_190">[190]</span> Brooke, before we came to this place, we got two pair of -steelyards and weighed the tea, and it came to five bags a piece.</p> - -<p>Q. Did you carry the tea to your horses, or did you bring the horses to -the tea?</p> - -<p>Steel. We carried the tea to a plain place convenient for loading. Then -we brought the horses forward to be loaded.</p> - -<p>Here Race was called again—he had said they carried the tea to the -horses.</p> - -<p>Q. to Race. Did you carry the tea to the horses?</p> - -<p>Race. I had been employed at the custom-house to tie up the tea; and -when I came, the horses were with the tea.</p> - - -<p class="center p-left p1">Cross-examined by Lilliwhite’s counsel.</p> - -<p>Q. Did you ever know Lilliwhite before?</p> - -<p>Steel. I have known him, and been acquainted with him four or five -years.</p> - -<p>Q. Who came there first, he or you?</p> - -<p>Steel. He was there first.</p> - -<p>Q. Was Lilliwhite ever a-smuggling with you before this time?</p> - -<p>Steel. Not as I know of.</p> - -<p>Q. Was he ever reputed a smuggler before this affair happened?</p> - -<p>Steel. Not as I know of.</p> - -<p>Q. Do you think when Lilliwhite went with you, that he knew what you -were going about?</p> - -<p>Steel. I think he did; we talked openly of it; but I cannot swear he -did.</p> - -<p>Q. Do not you know that Lilliwhite was asked only to take a ride with -you, and that he did not know what you were going upon till you came to -the Forest of Bere?</p> - -<p><span class="pagenum" id="Page_191">[191]</span></p> - -<p>Steel. I cannot say any such thing; he joined us at Rowland’s Castle.</p> - -<p>Q. You say the Hawkhurst gang joined you at the Forest of Bere, and had -a little horse with them?</p> - -<p>Steel. Yes.</p> - -<p>Q. What arms were upon that little horse?</p> - -<p>Steel. I think there were seven long muskets on him.</p> - -<p>Q. Were the arms for you?</p> - -<p>Steel. We had arms before that; they were brought for their own use.</p> - -<p>Q. Had Lilliwhite any arms when holding the horses?</p> - -<p>Steel. I cannot say that he had.</p> - -<p>Q. Did you all put down your names on a piece of paper to go upon this -affair?</p> - -<p>Steel. Each man’s name was put down by Edmund Richards.</p> - -<p>Q. Was Lilliwhite’s name put down?</p> - -<p>Steel. I cannot say it was.</p> - - -<p class="center p-left p1">Cross-examined by Glover’s counsel.</p> - -<p>Q. Was Glover ever concerned in smuggling before this?</p> - -<p>Steel. No; I believe he never was before or since.</p> - -<p>Q. Did you ever hear he went with reluctancy, and against his will?</p> - -<p>Steel. As to that, I never heard he did; but I believe Richards forced -him to it. This I know, Glover lived in Richards’ house, and I believe -Richards was the occasion of his going with us.<a id="FNanchor_17" href="#Footnote_17" class="fnanchor">[17]</a></p> - -<p>Q. Who was your commander?</p> - -<p><span class="pagenum" id="Page_192">[192]</span></p> - -<p>Steel. There was nobody took the lead, one more than the other.</p> - -<p>The counsel for the King then called Robert Fogden, who being come into -court, was sworn.</p> - -<p>Robert 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 Rowland’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.</p> - -<p>Q. Were any of the prisoners at the house you was at?</p> - -<p>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 Hawkhurst men came to us; then there were thirty of us -in number. The prisoners Kingsmill and Fairall were with the Hawkhurst -gang, and were part of that gang.</p> - -<p>Q. Were you all armed?</p> - -<p>Fogden. To the best of my knowledge we were all armed.</p> - -<p>Q. For what purpose did you meet there?</p> - -<p>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.</p> - -<p>Q. How did you take it?</p> - -<p>Fogden. By 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 <span class="pagenum" id="Page_193">[193]</span>Poole -before this or since; I believe we left our horses about a quarter -of a mile out of town. We left them in care of two men, Perrin and -Lilliwhite. Then we went and broke open the custom-house. I saw the -door broken open with two iron bars.</p> - - <div class="figcenter" id="i_b_193fp" style="width: 750px;"> - <img - class="p2" - src="images/i_b_193fp.jpg" - alt="" /> - <p class="p0 center p-left"><i>A Representation of y<sup>e</sup> Smuggler’s breaking open y<sup>e</sup> -<span class="smcap">King’s</span> Custom-house at</i> Poole.</p> - </div> - -<p>Q. Where did you get them?</p> - -<p>Fogden. I cannot tell.</p> - -<p>Q. Where did you find the tea lodged?</p> - -<p>Fogden. It was in the top of the warehouse.</p> - -<p>Q. Were any of the prisoners at the bar concerned in it?</p> - -<p>Fogden. They were there, and did assist as the rest, except the two -that held the horses. We brought the horses to a place near, and then -carried the tea to them. It was a very narrow lane where we stopped -first, and we brought the horses up to a more open place for loading.</p> - -<p>Q. Did the prisoners at the bar help you load?</p> - -<p>Fogden. Yes, all of them.</p> - -<p>Q. Did you put an equal quantity on each horse?</p> - -<p>Fogden. We distributed it as near as we could. There was our little -horse that carried the arms had not so much as the other horses had on -them. Every horse there was loaded with tea; from thence we went to -a little town called Fordingbridge; at the next place we stopped, we -weighed the tea with two pair of steelyards; for we thought it was not -equal, some was scattered out of some of the bags. Then we divided it -as equally as we could; they were quartern bags, each prisoner had five -bags.</p> - -<p>Q. When did you see Lilliwhite first?</p> - -<p>Fogden. In the forest; I never saw him before.</p> - -<p>Q. Was he there before or after you?</p> - -<p>Fogden. I cannot tell.</p> - -<p><span class="pagenum" id="Page_194">[194]</span></p> - -<p>Q. Did you hear any threats, if any should discover this affair what -should be done to them?</p> - -<p>Fogden. No, Sir.</p> - -<p>Q. Had Lilliwhite arms when left with the horses?</p> - -<p>Fogden. I believe he had not.</p> - -<p>Q. Was Lilliwhite ever with you a-smuggling before?</p> - -<p>Fogden. No, never as I know of.</p> - -<p>Q. Was Glover ever with you a-smuggling before?</p> - -<p>Fogden. No, never as I know of.</p> - -<p>The counsel for the King resting their proof here, the prisoners were -severally called upon to make their defence, when Kingsmill and Fairall -said they had nothing to say, only that they knew nothing of the matter.</p> - -<p>Perrin, having retained counsel for him, called the following persons -to his character.</p> - -<p>John Guy. I have known Perrin almost twenty years. He is a carpenter, -and always bore a very good character among his neighbours. I never -heard he neglected his business.</p> - -<p>Q. Did you ever hear he was a smuggler?</p> - -<p>Guy. I have known him these fifteen or sixteen years, and he always -bore a very good character. I never heard in my life of his neglecting -his business and going a-smuggling.</p> - -<p>Q. Did you never hear he was a smuggler?</p> - -<p>Guy. No, never, but by hearsay, as folks talk.</p> - -<p>Richard Glover’s defence: I was forced into it by my brother-in-law, -Edmund Richards, who threatened to shoot me if I would not go along -with him.</p> - -<p>William Tapling. I have known Richard Glover twenty years; I never -heard before this unhappy affair that he was a smuggler; I believe he -never was before. I know his brother-in-law Richards, and that Glover<span class="pagenum" id="Page_195">[195]</span> -was about two months with him. Richards is a notorious wicked, swearing -man, and reputed a great smuggler; I cannot help thinking he was the -occasion of Glover’s acting in this.</p> - -<p>Henry Hounsel. I have known Glover a child; he was a sober young lad; I -never knew him otherwise, nor did I ever hear him swear an oath in my -life.</p> - -<p>Q. Did you never hear he was a smuggler?</p> - -<p>Hounsel. Never before this. He lived with his father till the year -1744. His father dying, he followed his business till August, 1747. He -went in the beginning of June to that wicked brother’s house, and was -there about two months. He went after that to live servant with the -Rev. Mr. Blagden. After that he got into Deptford yard, and there he -continued ever since, till taken up, articled to a shipwright. This -affair was at the time he was at his brother-in-law’s house.</p> - -<p>John Grasswell. I have known Glover these twelve years and upwards; I -believe he never was guilty of smuggling before this; his character is -exceedingly good. I never knew him frequent bad company, or guilty of -drinking or swearing an oath.</p> - -<p>Woodruff Drinkwater. I have known Glover ever since he was born; I -never heard he was reputed a smuggler either before or since, exclusive -of this time; his temper is not formed for it at all, far from it; -after his father died he was left joint executor with his mother (left -in narrow circumstances); he often came to me on any little occasion -for five or ten guineas; he always kept his word; after his mother -married again, there was some difference in his family; he went into -the country, and I was very sorry for him at his going to Richards’s -house, and I cannot think he was voluntary in this rash action.</p> - -<p><span class="pagenum" id="Page_196">[196]</span></p> - -<p>Mr. Edmonds. I have known Glover ever since the 9th of April last; he -came to me and was entered into his Majesty’s yard at Deptford the day -following; he bore a good character before, and during the time he has -been with me he has behaved very well and sober; he obtained a good -character of all that knew him; I have had as good an opinion of him as -any man I know; he was with me till the day he was taken.</p> - -<p>Mr. Dearing. I live in the parish where this young man was born. I go -there for the summer season; I have known him about eighteen years; -being informed of this bad thing, it made me come to London on purpose -to say what I knew of him; we in the country had great reason to -believe that bad man Richards had corrupted him; he was a well-behaved -lad before this happened; his uncle came to me, and the young man came -and begged of his uncle, that he would see out for some business for -him, in some way or other, adding that he could not bear to live with -Richards; I had just hired a servant, or I had taken him; just after -this bad affair happened, and he was unfortunately drawn into it.</p> - -<p>The Rev. Mr. Blagden. I live at Slindon, in Sussex. The prisoner -Glover was my servant; I knew him and his family before; he behaved -exceedingly well with me as any could, and if he were discharged from -this I would readily take him again; he attended on religious service, -public and private, constant; I never heard an ill word or an oath from -his mouth, or anything vulgar.</p> - -<p>Thomas Lilliwhite’s defence: I was down in the country, and a person -desired me to take a ride with him; I agreed upon it, not knowing where -they were going; I had no firearms, nor was any way concerned.</p> - -<p>Fra. Wheeler. I have known Lilliwhite about six<span class="pagenum" id="Page_197">[197]</span> years; he always bore -a very good character; was a worthy young fellow, and brought up in the -farming under his father, who was a man in very good circumstances; he -minded his father’s business very diligently; I have known him refuse -going out upon parties of pleasure, because he has had business of his -father’s to do; he married since this affair happened to a woman of -fortune; I never heard him charged with any such crime as this before.</p> - -<p>Sir Cecil Bishop. The prisoner married my housekeeper’s daughter; had -not he been a man of good character, I should not have been consenting -to the match, which I was; she brought him a good fortune; he is a -deserving young man, and I cannot think he would be guilty of such a -crime knowingly.</p> - -<p>The evidence being all finished, Sir Thomas Abney summed up the -whole in a very impartial manner; taking notice that in the case of -Lilliwhite, if they thought the evidence that had been given against -him was not quite full, as to his going voluntarily with them, and that -he was not armed with firearms, they might acquit him.</p> - -<p>The jury went out of court, and in about a quarter of an hour returned -into court, and gave their verdict as follows, viz.:—</p> - -<p>Thomas Kingsmill, William Fairall, and Richard Perrin, Guilty. Death.</p> - -<p>Thomas Lilliwhite, Acquitted.</p> - -<p>Richard Glover, Guilty, but recommended to mercy.</p> - -<p>Thomas Lilliwhite was immediately discharged out of court as soon as -he was acquitted; and the other four received sentence of death the -same day, together with the other four criminals who had been tried and -convicted of divers felonies and robberies.</p> - -<p><span class="pagenum" id="Page_198">[198]</span></p> - -<p>While under sentence of death, they all four, viz., Kingsmill, Fairall, -Perrin, and Glover, behaved much better than they had done before; -and particularly Glover and Perrin were composed and resigned, and -constantly prayed and sung psalms most of the night time; but Kingsmill -and Fairall were not so penitent as Glover and Perrin.</p> - -<p>As for Kingsmill and Fairhall, they were reckoned two of the most -audacious wicked fellows amongst the smugglers; and indeed their -behaviour while under condemnation, plainly shewed it.</p> - -<p>The day they were brought to Newgate by Habeas Corpus, from the county -gaol for Surrey, Fairall behaved very bold after declaring he did not -value being hanged; and said, “Let’s have a pipe and some tobacco, and -a bottle of wine, for as I am not to live long, I am determined to live -well the short time I have to be in this world.” He also behaved very -insolently at his trial; or more properly ignorantly, laughing all the -time at the witnesses while they were giving their evidence; and when -taken notice of by the court, and reprimanded for his bad behaviour, it -had no effect on him, for he continued his idle impudent smiles, even -when the jury brought him in Guilty.</p> - -<p>At the time when he received sentence of death, when Mr. Recorder, -who passed the same on him, and the rest of the criminals, said these -words, “and the Lord have mercy on your souls,” he boldly replied, -“If the Lord has not more mercy on our souls than the jury had on our -bodies, I do not know what will become of them.”</p> - -<p>On Thursday, the 20th of April, 1749, the report of these four -criminals was made to his Majesty by Richard Adams, Esq., Recorder, -when Kingsmill,<span class="pagenum" id="Page_199">[199]</span> Fairall, and Perrin were ordered for execution at -Tyburn, on Wednesday, the 26th of the same month; and his Majesty was -pleased to grant his most gracious pardon to Glover, several favourable -circumstances appearing in his favour; and the court and jury having, -after his trial, recommended him to his Majesty for mercy.</p> - -<p>After the death warrant came down, Kingsmill and Fairall began -to consider their unhappy circumstances more than they had done -before, and always attending divine service at chapel, and prayed -very devoutly, but retained their former behaviour of boldness and -intrepidity, shewing no fear, and frequently saying they did not think -they had been guilty of any crime in smuggling, or in breaking open -Poole custom-house, as the property of the goods they went for was not -Captain Johnson’s or anybody else’s, but of the persons who sent their -money over to Guernsey for them.</p> - -<p>Perrin, who was ordered only to be hanged and afterwards buried, and -Kingsmill and Fairall being ordered to be hung in chains, Perrin was -saying to them that he lamented their case: when Fairall replied -smilingly, in the presence of many people, “We shall be hanging in the -sweet air, when you are rotting in your grave.”</p> - -<p>The evening before their execution, after they came down from chapel, -their friends came to take leave of them; and Fairall smoked his pipe -very heartily, and drank freely; but being ordered to go into his cell -to be locked up, said, “Why in such a hurry, cannot you let me stay a -little longer and drink with my friends; I shall not be able to drink -with them to-morrow night.”</p> - -<hr class="tb" /> - -<p>I shall next proceed to give the little account of these<span class="pagenum" id="Page_200">[200]</span> criminals as -given by the ordinary of Newgate; and afterwards conclude this book -with a relation of some of the most notorious actions committed by -them, and which have been communicated by their confederates.</p> - -<p>Thomas Kingsmill, alias Staymaker, aged 28, was born at Goodhurst, in -Kent, a young fellow of enterprising spirit, and for some years past -employed by the chiefs of the smugglers, the moneyed men or merchants, -as they are usually amongst themselves called, in any dangerous -exploits. As his character in general among his countrymen was that of -a bold, resolute man, undaunted, and fit for the wicked purposes of -smuggling, and never intimidated, in case of any suspicion of betraying -their secrets, ready to oppose King’s officers in their duty, and being -concerned in rescues of any sort or kind, so he wanted not business, -but was made a companion for the greatest of them all, and was always -at that service when wanted and called upon.</p> - -<p>He would own nothing of himself, and was scarce to be persuaded that he -had done anything amiss by following the bad practices of smuggling.</p> - -<p>He acknowledged he was present at the breaking open of the -custom-house, and that he had a share of the tea; and said what was -sworn at the trial was all truth; but that they must be bad men to turn -evidence to take away other people’s lives.</p> - -<p>William Fairall, alias Shepherd, aged 25, was born at Horsendown -Green, in Kent, bred to no business, but inured to smuggling from his -infancy, and acquainted with most of the evil practices which have been -used in those parts for some years past. In this behaviour he seemed -equally as well qualified for the work as was Kingsmill, and it is -generally believed that they were both concerned together in most of -their undertakings.<span class="pagenum" id="Page_201">[201]</span> Fairall at his trial seemed to shew the utmost -daringness and unconcern; even shewing tokens of threats to a witness, -as he was giving his evidence to the court, and standing all the while -in the bar with a smile or rather a sneer upon his countenance. He came -also to the gang with Kingsmill to the Forest of Bere, and was one of -the forwardest and most busy amongst the company. Yet he would not own -any one thing against himself that he had done amiss, for which his -life should be at stake. However, his own countrymen were glad when he -was removed from among them, because he was known to be a desperate -fellow, and no man could be safe who Fairall should once think had -offended him.</p> - -<p>Richard Perrin, alias Pain, alias Carpenter, aged 36, was born near -Chichester, in Sussex; being bred a carpenter, was looked upon as a -good workman, and had pretty business till the use of his right hand -being in a great measure taken away by being subject to the rheumatism, -he thought proper to leave that trade, and take to smuggling. He was -esteemed a very honest man, and was therefore often entrusted by others -to go over the water to buy goods, and for himself; he traded in that -way for brandy and tea. And he was the man that went over for this very -cargo of goods that was rescued from Poole Custom-house.</p> - -<p>Having talked to the prisoners several times, each by himself, and -also when they were altogether, neither of them all three would own -anything; but said they knew best what they had done, and for what was -amiss they would seek God’s forgiveness, and continued thus to declare -to the last.</p> - -<hr class="tb" /> - -<p>Having now given the ordinary of Newgate’s short account of these -criminals, I shall proceed to give some<span class="pagenum" id="Page_202">[202]</span> account of such of their -wicked actions as have come to our knowledge.</p> - -<p>About two years since William Fairall was apprehended as a smuggler -in Sussex, and being carried before James Butler, Esq., near Lewes, -was ordered by that gentleman to be brought to London, in order to -be tried for the same. They brought him quite safe to an inn in the -Borough overnight, in order to carry him before Justice Hammond the -next morning, but he found means to escape from the guards; and seeing -a horse stand in Blackman Street, he got upon it and rode away, though -in the presence of several people.</p> - -<p>He made the best of his way into Sussex, to his gang, who were -surprised at seeing him, knowing he was carried to London under a -strong guard but three days before; but he soon informed them how he -got away, and his lucky chance of stealing the horse.</p> - -<p>They were no sooner met than he declared vengeance against Mr. Butler, -and proposed many ways to be revenged. First to destroy all the deer in -his park, and all his trees, which was readily agreed to; but Fairall, -Kingsmill and John Mills, executed on Slindon Common, and many more -of them, declared that would not satisfy them; and accordingly they -proposed to set fire to his seat, one of the finest in the county of -Sussex, and burn him in it; but this most wicked proposal was objected -to by three of the gang, namely, Thomas Winter, alias the Coachman, -one Stephens and one Slaughter, commonly called Captain Slaughter, who -protested against setting the house on fire or killing the gentleman; -and great disputes arose among them, and they parted at that time -without putting any of their villainous proposals into execution; but -Fairall, Kingsmill and some more of the gang were determined<span class="pagenum" id="Page_203">[203]</span> not to -let their resentment drop, and accordingly they got each a brace of -pistols, and determined to go and waylay him near his own park wall -and shoot him. Accordingly they went into the neighbourhood, when they -heard Mr. Butler was gone to Horsham, and that he was expected home -that night, upon which they laid ready to execute their wicked design. -But Mr. Butler, by some accident, happening not to come home that -night, they were heard to say to each other, “D—n him, he will not -come home to-night, let us be gone about our business”; and so they -went away angry at their disappointment, swearing they would watch for -a month together but they would have him.</p> - -<p>This affair coming to Mr. Butler’s knowledge, care was taken to -apprehend them if they came again, and they, being acquainted -therewith, did not care to go a second time without a number; but no -one would join except John Mills and Jackson, who was condemned at -Chichester for the murders of Galley and Chater, as not caring to run -into so much danger; and they not thinking themselves strong enough, -being only four, the whole design was laid aside.</p> - -<p>On their being disappointed in their revenge against Mr. Butler, they -were all much chagrined, and Fairall said, “D—n him, an opportunity -may happen some time,” that they might make an example of Mr. Butler, -and all others that shall dare presume to obstruct them.</p> - -<p>Thomas Winter, and several others of the smugglers, whose lives had -been saved by turning evidence, said that Fairall and Kingsmill had -been the occasion of carrying several officers of the customs and -excise abroad from their families, for having been busy in detecting -the smugglers, and seizing their contraband goods.</p> - -<p><span class="pagenum" id="Page_204">[204]</span></p> - -<p>Fairall and Kingsmill were both concerned with the gang in Kent, viz., -Diprose, Priggs and Bartlett, in all the robberies they committed; but -as an account of those has been given before, we think it needless to -make a repetition.</p> - -<p>The morning of their execution they behaved very bold, shewing no signs -of fear of death, and about nine o’clock, Fairall and Kingsmill were -put into one cart, and Perrin in a mourning coach, and conveyed to -Tyburn under a strong guard of soldiers, both horse and foot.</p> - -<p>At the tree they joined in prayers very devoutly with the rest of the -unhappy criminals who were executed with them, which being ended, and -a psalm sung, they were turned off crying to the Lord to receive their -souls.</p> - -<p>The body of Perrin was delivered to his friends to be buried; and those -of Fairall and Kingsmill were carried to a smith’s shop in Fetter-lane, -near Holborn, where they were put into chains, and afterwards put into -two wooden cases made on purpose, and conveyed by some of the guards -and the sheriff’s officers for the county of Middlesex to Newcross -turnpike in the county of Kent; where they were received by the -officers to the sheriff of that county, who conveyed them to the places -where they were ordered to be hung up, viz., Fairhall on Horsendown -Green, and Kingsmill on Gowdhurstgore, at both which places they had -lived.</p> - -<p>Richard Glover, who had received his Majesty’s pardon, was discharged -out of Newgate on Wednesday, the 3rd of May, 1749.</p> - -<p>We can with pleasure inform our readers, that notorious wicked fellow, -Edmund Richards (so often named in this work, as being concerned in the -murder<span class="pagenum" id="Page_205">[205]</span> of Galley and Chater, and also in forcing Richard Glover to go -with him and the rest of the gang to break open Poole custom-house) is -taken, and in safe custody in Winchester gaol, so there is no doubt but -he will meet with a just reward for all his cruel and enormous crimes, -at the next assizes for the county of Sussex, to which county gaol he -will be removed by Habeas Corpus.</p> - - -<hr class="chap" /> - -<div class="chapter"> -<h2 class="nobreak">DIRECTIONS FOR PLACING THE PLATES.</h2> -</div> - -<table summary="plates" class="smaller"> - <tr> - <th></th> - <th></th> - <th class="pag">PAGE</th> - </tr> - - <tr> - <td>Galley and Chater on one horse, and the Smugglers whipping them  to face title</td> - <td class="ctr"></td> - <td class="right"></td> - </tr> - - <tr> - <td>Galley and Chater falling off the horse at Woodash,</td> - <td class="ctr">to face</td> - <td class="right">13</td> - </tr> - - <tr> - <td>Burying of Galley</td> - <td class="ctr">„</td> - <td class="right">18</td> - </tr> - - <tr> - <td>Chater cut across the face by Tapner, in Old Mills’s Turf-house</td> - <td class="ctr">„</td> - <td class="right">24</td> - </tr> - - <tr> - <td>Chater hanging in the Well in Lady Holt Park</td> - <td class="ctr">„</td> - <td class="right">27</td> - </tr> - - <tr> - <td>Richard Hawkins whipped to death</td> - <td class="ctr">„</td> - <td class="right">150</td> - </tr> - - <tr> - <td>The Smugglers breaking open Poole Custom-house</td> - <td class="ctr">„</td> - <td class="right">193</td> - </tr> - -</table> - -<hr class="chap" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_207">[207]</span></p></div> - -<h2 class="sermon"><span class="lg">A SERMON</span><br /> - -<span class="xs">PREACHED</span><br /> - -<span class="larger">IN THE CATHEDRAL CHURCH<br /> - -OF CHICHESTER,</span><br /> - -<span class="smaller smcap">At a Special Assize held there, January 16, 1748–9</span>,<br /> - -<span class="larger"><span class="smcap">By</span> WILLIAM ASHBURNHAM, A.M.,</span><br /> - -<span class="xs">DEAN OF CHICHESTER.</span></h2> - -<hr class="td" /> - -<p class="center p-left smaller"><span class="smcap">Job</span> xxix., 14, 15, 16.</p> - -<p class="center p-left smaller">“I put on righteousness, and it clothed me: my judgment was as a robe -and a diadem.</p> - -<p class="center p-left smaller">“I was eyes to the blind, and feet was I to the lame.</p> - -<p class="center p-left smaller">“I was a father to the poor: and the cause which I knew not I searched -out.”</p> - - -<p>That Job was a person of great eminence both for his birth and -station, that he had the supreme rule and government, or was at least -a principal magistrate of the place he dwelt in, appears plainly from -this chapter, whence the text is taken. “When I came in presence,” -says he, “the young men saw me, and hid themselves, and the aged arose -and stood up; the princes refrained talking, and the nobles held their -peace; I sat as chief, and dwelt as a king in the army, and all men -gave attention to my words, and kept silence at my counsel.”</p> - -<p><span class="pagenum" id="Page_208">[208]</span></p> - -<p>But whatever was the particular state of this illustrious person, -whether he was invested with the supreme power itself or acted only -by commission under it, this is certain, that the integrity of his -conduct is a pattern worthy the imitation, and was recorded doubtless -that it might be imitated by those who should in after ages be honoured -with the like employment, and fill the same high office as himself. -“I put on righteousness, and it clothed me: my judgment was as a robe -and a diadem”, expressing the great love he had to justice, and the -pleasure he took in exercising judgment; that what a robe and a diadem -was usually to other men, that the doing justice and judgment was to -him; the great object of his whole desire, the thing he principally -placed his glory and delight in. For that we are thus to understand the -metaphor in the text is plain from a like expression made use of by -the royal prophet, who, speaking of the wicked, says, that he “clothed -himself with cursing like a garment”; which expression in the verse -immediately succeeding he explains, by telling us that his “delight -was in cursing”. So that what we are here to understand of Job is, -that his greatest satisfaction and delight was to administer justice -righteously; that his sense of true honor was not that which reflected -from these external marks of dignity and state, but which sprang from -those virtues of which those were but the outward signs—He put on -righteousness as a garment, and clothed himself with judgment as with a -robe and a diadem.</p> - -<p>The things, then, which naturally offer themselves to our consideration -from the words before us, are these three:—</p> - -<p>First. The duties which this great example represents to us and which -more immediately belong to<span class="pagenum" id="Page_209">[209]</span> magistrates, and those who are invested -with public authority.</p> - -<p>Secondly. How great a blessing every good magistrate must be to the -state and community whereunto he belongs. And</p> - -<p>Thirdly. The personal respect and reverence with which he ought to be -treated upon that account.</p> - -<p>The first then of those duties to which we are led by this great -example, is that of doing justice and judgment with zeal and -cheerfulness. Now justice is a virtue that not only in the common -consideration of it is, as every other virtue is, honorable in itself, -and much to be desired for its own sake; but it is a virtue so -peculiarly necessary for human society, that it is scarce conceivable -how any society can subsist without it; for the want of justice, if it -destroys not the very foundations of society, at least it deprives us -of all the advantages of it, and renders such political establishments -at best but useless and undesirable things. A state of solitude would -give more comfort and security than such a state, where the just claims -of society are defeated by cruel and unrighteous men, and oppressions -permitted with impunity; but where justice is, there the diligent and -industrious prosper and the innocent dwell safely. And therefore the -great Creator of mankind, who made them for a social life, has stamped -upon their hearts this most necessary of all social virtues, and -made it the indispensable law of their natures, that they should do -to others as they would have others do to them. And was this law but -universally and duly kept, it could not fail to promote the happiness, -by its tendency to preserve the order of the world; it bindeth up every -hand from doing violence, and every heart from forging deceit; and -guards the common safety of mankind with<span class="pagenum" id="Page_210">[210]</span> the strict command, that we -“render to all their due, custom to whom custom, honor to whom honor, -fear to whom fear.”</p> - -<p>Nor let us be so deceived as to think that our own private interest -is not equally concerned herein with that of the public: for the good -of particular persons can in no society be distinguished from the -general good, but is always and unavoidably included in it. So that -if we wilfully connive at, if we suffer or neglect to correct abuses -in the public, we do what in us lies to lessen our own security, and -insensibly promote the ruin of our private interest and prosperity.</p> - -<p>So much reason have we to esteem and to endeavour to secure the -practice of this best of virtues, if we respect only the thing -itself and the benefits thence resulting to ourselves, either singly -considered or in society. But it is by the righteous and impartial -exercise hereof that God also is most effectually glorified by us: for -then only we can in any sense be said to promote the glory when we -strive to imitate the excellencies of God; and justice being one of the -principal of those moral excellencies which He has propounded to us -as a pattern for our imitation, we do then in an eminent manner give -Him the honor due unto His name when we study to be like Him in this -perfection of His nature: when they particularly, who are His ministers -for this very thing, that is, for the execution of justice, endeavour -to resemble Him whose ministers they are, in being just even as He is -just.</p> - -<p>Another instance which Job here gives us of his own integrity, and -wherein he has set us an example that we should follow his steps, -is his forwardness to give relief and assistance to the injured and -oppressed. “I was eyes unto the blind, and feet was I to the lame: I<span class="pagenum" id="Page_211">[211]</span> -was a father to the poor, and the cause which I knew not I searched -out.” Every man, according to his place and power, is both in justice -and charity obliged to use his best endeavours, and to lay hold on -all opportunities, by all lawful means, of helping them to right that -suffer wrong: of protecting the innocent from injuries, and securing -them from the oppressions of “bloodthirsty and deceitful men.” It is -our duty every one to exert the utmost of his strength to deliver the -oppressed, and it is extremely criminal to be “weary or faint in our -minds” for fear of the oppressors, or “forbear to deliver those who are -ready to be slain.” That we may see more clearly then the necessity of -this duty, and be animated to a cheerful and conscientious performance -of it, there are various reasons that deserve our attention, but those -which more especially demand it, and which, if we have any sense of -religion left, will have their influence upon us, are the command and -example of God Himself.</p> - -<p>And first, we have God’s positive and express command for this purpose. -It is the general and fundamental law of our religion, the ground and -basis of all moral virtues, that “thou shalt love thy neighbour as -thyself.” And how can we more effectually fulfil this second great -commandment of the law, than by employing the power God has put into -our hands, of whatever kind it be, for our neighbour’s good; for -securing his person from violence, and his property from fraud and -rapine?</p> - -<p>But, besides the command of God, we have His example also for the -performance of this duty. This the Holy Psalmist has clearly set -before us, to the end that we may be followers of Him herein, as dear -children. “Now for the comfortless trouble’s sake of the needy,<span class="pagenum" id="Page_212">[212]</span> and -because of the deep sighing of the poor, I will up, saith the Lord, and -will help everyone from him that swelleth against him, and will set -them at rest.” And if the great God of heaven and earth, He who “hath -His dwelling so high,” does yet “humble Himself to behold the simple -that lie in dust,” and to “lift up the poor out of the mire;” it can be -no disparagement sure to the greatest, to give attention to the welfare -of their brethren, and to hearken to the complaints of their fellow -subjects; who by the influence of their high examples, and the weight -of their authorities, are doing God and their country service; and of -whom in gratitude we therefore needs must own that they have justly -merited the public thanks for the care and pains they have been taking -for the public good.</p> - -<p>The laws of God have made this duty of universal extent; all mankind -are concerned in it; but they who are the governors of society, and are -to act with the authority of magistrates for the support of it, are -more especially obliged to this duty, to be followers of God herein; -because it has pleased Him to set a peculiar mark of honour upon them, -in that He has called them by His Own name, “I have said,” says He, by -the mouth of the royal prophet, “that ye are Gods, and that ye are all -the children of the Most High.” And He said it doubtless to instruct -them in their duty, and shew them the necessity they are under of -imitating His conduct, Whose name they bear.</p> - -<p>These magnificent characters, as they declare the source from whence -all their power is derived, so do they imply the purposes for which -it ought to be employed. Nothing less could be intended by such -honorable appellations, than to point out the obligation they are -under to provide for the prosperity of the world, and<span class="pagenum" id="Page_213">[213]</span> to endeavour, -in compliance with the will of God, and the design of their own -appointment, to render the situation of all persons as secure and -comfortable as possible; that they may enjoy unmolested the fruits -of their own industry, and “lead peaceable and quiet lives, in all -godliness and honesty”. This is the original end of government itself, -and therefore ought to be the principal aim of those who are any way -concerned in the administration of it. Whatever share they possess of -the public authority was given them to employ for the public good. And -when they thus fulfil the duties of their station, by an impartial -and wise discharge of the high trust that is reposed in them; when -with holy Job they can truly say, “I have put on righteousness, and it -clothed me: my judgment is as a robe and a diadem”; then are they in -the best and noblest sense the “ministers of God, and children of the -Most High”; they do honor to their character, and are a public blessing -to the community whereunto they belong.</p> - -<p>This was the second thing I proposed to consider; and it is a thing -that ought frequently and seriously to be considered, though it is so -evident that it needs not to be proved. It ought, I say, as evident as -it is, frequently to be considered, and sometimes to be inculcated upon -us; because the blessings that are constant and familiar, and those -which therefore we enjoy the most, such is our ingratitude, we are apt -to think of and value least. And of this kind is the blessing of a -well-established government; we who have the happiness of being under -it, and reap the fruits of a regular administration of wisely enacted -laws, can but with difficulty conceive how miserable the condition of -mankind would be, were there no such laws to keep them within bounds, -and are therefore generally less<span class="pagenum" id="Page_214">[214]</span> sensible than we ought to be, of the -many great advantages resulting from them. But that we may form in some -sort an idea of the wretched effects of such a want of government, the -behaviour of some dissolute and abandoned persons which we have lately -seen, and that too in a country where they could not but have acted -under some awe of civil justice, may serve as a kind of specimen, to -teach us what savage creatures they would be without it; what havock -and devastation they would make upon the earth were they set wholly -free from the restraint of laws, and left to follow the imaginations of -their own evil hearts without hindrance or control.</p> - -<p>And would we but sometimes consider what manifold inconvenience all -societies must feel, where there is either no government at all, or, -which is next to none, an ill-established or an ill-administered one; -the consideration would certainly be useful, to give us a proper sense -and relish of the blessings we ourselves enjoy under one of the best -regulated governments in the world: a government adorned with all the -advantages which human frailty will allow us to expect, and which the -very meanest of its subjects enjoy in common with those who are in -the highest stations. We are all in our proportion partakers of these -benefits, and therefore all have reason to thank God, the bountiful -Giver of them, and to pay with due submission what I proposed as the</p> - -<p><i>Last</i> thing to be considered, a proper regard and reverence to -those by whom, as the instruments of His goodness, He confers these -benefits upon us. Nature itself instructs us that they who discharge -the difficult functions of a state with wisdom and integrity, should -be highly esteemed and honored for their<span class="pagenum" id="Page_215">[215]</span> work’s sake. Which natural -instruction of undepraved reason we also find among the positive -precepts of revealed religion; for by the same authority that forbids -us to speak evil of the rulers of the people, we are enjoined likewise -to give honor to whom honor is due. This common and easy tribute then, -which all men are capable of paying, they have a natural and just right -to demand of all; a right founded upon the principles of reason, and -ratified by religion: and therefore to defraud them of any part of so -approved a claim is to transgress the bounds both of decency and duty.</p> - -<p>There is nothing in the world is more generally agreed in than the -necessity of government to obtain the ends of society. It was the -desire of mutual preservation and defence, of protection against wrong -and robbery, and the secure possession of their private properties, -that was the first inducement to mankind to unite themselves together -in distinct societies; that they might sit every man in quietness -under their own vine, and enjoy safely the fruits of their own labour. -But these, as all other blessings and benefits, are the gifts of God; -and governors are the ministers appointed by Him, through whom He -derives those blessings and benefits to the world; so that the peace -and prosperity of nations is owing principally, under God, to the wise -care and conduct of their rulers, and the prudent administration of -government therein. Without this, all those intolerable mischiefs must -ensue, which men’s unrestrained appetites and passions would produce, -and which unavoidably break the bands, and are the sure destruction of -all societies.</p> - -<p>It is not to be expected that all the individuals of any community -should universally agree as to the exact bounds and extent of civil -power, any more than<span class="pagenum" id="Page_216">[216]</span> it is, that all the different communities -throughout the world should pursue the same system, and frame their -governments upon the same plan: but without a due regard and reverence -paid to those persons who are entrusted with the management of public -affairs, and a dutiful submission to their legal authority, the best -contrived constitutions in the world could not answer the ends of their -establishment, nor could any of the purposes of life be effectually -served by them. But farther,</p> - -<p>Every high place of trust and power has its burdens, as well as honors, -that are inseparable from it; and the magistrate of justice, from -the very nature of his office, must have his share: he cannot in the -course of things but incur great enmity and provoke all the outrage and -resentment of evil doers, if he be resolute in performing faithfully -the duty of his station, and endeavouring, as that duty obliges him, -“to break the jaws of the wicked, and pluck the spoil out of his -teeth”. One would think then that a sense of gratitude should inspire -every generous mind with an esteem and reverence for those who bear the -weight of so important an employment as the administration of public -justice, and the execution of the laws of a kingdom. And it appears -indeed to have been the wisdom of all nations to treat their characters -with the most particular regard. For from hence, it is probable, arose -the practice, now in universal use, of appropriating to magistrates -external marks of splendour and distinction; that by the distance -naturally created in the minds of the people by the outward ensigns of -dignity annexed to their office, the reverence due to their persons -might be properly preserved, and their authority thereby maintained -and<span class="pagenum" id="Page_217">[217]</span> upheld. But lest this should fail of its effect, and the principle -of gratitude not have force sufficient to secure the practice of -this duty, the Holy Scriptures have bound it upon us by all possible -obligations.</p> - -<p>There are no duties that our blessed Saviour in the institution -of His laws had a greater regard to, than those which arise from -civil society, and tend to make us useful members of the community -to which we belong. Accordingly as He laid the best foundation for -such a general practice of truth and justice as, if duly followed, -would secure effectually the properties of private persons; so He was -particularly careful to save the rights of princes, and recommended -in the strongest terms that obedience which is due to those whom -the laws have appointed rulers in every nation. And although, when -the Jews maliciously accused Him of treason against the state, and -impeached Him before Pilate as an enemy to Cæsar for declaring Himself -a King, He does not deny that He was a King, because, as He tells, -it was “for this end He was born, that He might bear witness to this -truth;” yet to shew that He had no evil designs against the person of -Cæsar, nor any intention of interfering either with his, or any human -government whatsoever, He expressly asserts that “My kingdom is not -of this world.” And again, that the rulers of the world might have no -reasonable grounds of prejudice, no enmity against Him or His religion, -through any apprehension of danger from them to their respective -governments, He enjoins it as an indispensable duty upon all His -followers, to “render unto Cæsar the things that are Cæsar’s,” as well -as “unto God the things that are God’s.” They, indeed, who are invested -with the supreme authority, and act as God’s immediate vicegerents in -the world, are the<span class="pagenum" id="Page_218">[218]</span> persons in respect of whom this injunction was -particularly given, but it may very fairly be extended likewise, under -due restrictions, to all that are commissioned under it and have any -share of the authority delegated to them.</p> - -<p>Such then is the doctrine of the Christian religion, as taught by the -Great Author and Founder of it, Jesus Christ Himself. And His apostles, -who followed Him in the uniform practice of all those virtues by which -societies subsist, have both by their precept and example taught us -the same thing. St. Paul in his epistle to the Romans, speaking of a -Christian’s duty to the civil magistrate, commands that “every soul -be subject to the higher powers”; and deduces our obligation to this -duty from these two considerations: first, that it is the will of -God—for “there is no power”, he tells us, “but of God”. The powers in -being are ordained of Him: it must therefore, as he then concludes, -be the indispensable duty of all subjects to obey; because if they -resist, they “resist the ordinance of God”. The other consideration -is taken from the general design of government, which shews it to be -our interest, as well as duty, to be obedient subjects; that “he is -the minister of God to us for good”; and that therefore in regard to -ourselves we should submit to his authority, “not only from wrath, but -also for conscience sake”; as being truly sensible of the advantages of -government, that it is the ordinance of God, for the good of mankind. -As an explication of this duty of subjection to the higher powers, -and to teach us the extent of our obedience to it, St. Peter requires -our submission, not only to the supreme magistrate himself, but also -to all, in their degree and proportion, who are invested with public -authority. “Submit<span class="pagenum" id="Page_219">[219]</span> yourselves”, says he, “to every ordinance of man -for the Lord’s sake, whether it be to the king as supreme, or unto -governors, as unto them that are sent by Him for the punishment of evil -doers, and for the praise of them that do well”.</p> - -<p>Now these scriptures, as they instruct us in our behaviour towards -the persons of magistrates, so do they teach us likewise the great -expediency and usefulness of magistracy itself, and shew us the grounds -and reasons of its institution. They inform us that magistrates were -appointed to be the guardians of the public quiet, and had the sword of -justice put into their hands for this very purpose, “to execute wrath -upon him that doeth evil”. And it is a melancholy truth, which I can -only publish and lament, that never was the vigilance and courage of -the civil magistrate more necessary than in these evil days into which -we are fallen; when to say nothing of the private vices that abound -amongst us, an almost general licentiousness is practised throughout -the kingdom, against both the common reason and the common interest of -mankind, and in defiance of all authority, whether sacred or civil.</p> - -<p>This is the unavoidable consequence of that contempt of religion which -is so prevalent in this degenerate age. Men have been so accustoming -themselves to look with scorn upon everything relating to it, that -scarce any appearance of the reverence due to the Supreme Being is -preserved amongst us. They deride the very notion of a wise and good -God, that made and governs all things, and in consequence treat the -duty of attending upon His worship as at best but a matter of great -indifference whether it be observed or not. How much the influence -and example of some of high rank and condition in the world have -contributed to the<span class="pagenum" id="Page_220">[220]</span> propagation of these pernicious notions, will -best be left to their consideration, in whose power it is to stop it; -but however that may be, this everybody sees: that the contemptuous -impiety has got to a prodigious height, and has overspread, in an -uncommon manner, all sorts of people. And when this is the case, when -the subjects of any kingdom have thrown off all regard to God, so as -to be kept no longer within the bounds of duty by the fear of Divine -justice, what is there left that can procure their obedience to earthly -rulers, or hinder them from “walking every one in the evil imaginations -of their own hearts”, from doing evil, and that continually? Take away -religion, and the obligation which it lays upon us to obedience, and -all human authority must fall to the ground. This is so apparently -true, that it has been the constant practice of the wisest politicians -in all ages, to use their utmost endeavours to preserve religion, as -judging it to be the only thing that could preserve them. And their -judgment was well grounded; for when once religion has lost its -influence upon the minds of men, and they are come to “have no fear of -God before their eyes”, what can prevent them, upon this supposition, -from endeavouring to get loose from the restraints of government, and, -whenever they can do it safely, throwing off their allegiance to those -whom they have no mind should be rulers over them?</p> - -<p>The right of princes must, in different nations, be as different as -the laws themselves are upon which they are founded. But be they what -they will, the claim they have to them is of Divine original, and -derived ultimately from Him, who is the “Governor among the nations; -who ruleth in the kingdom of men, and giveth it to whomsoever He will”. -As long, therefore, as<span class="pagenum" id="Page_221">[221]</span> men retain in their minds such a sense of God -as disposes them to give Him His right, they will probably not fail in -giving Cæsar his. But whenever it happens that the Divine authority -is disregarded, and God Himself and His laws neglected, it cannot be -any wonder that the command of men should be so lightly esteemed. -These loose and irreligious notions, then, we may fairly fix upon as -one principal cause of that depravity of manners, which so thrives -and spreads amongst us; that having first by their influence been -divested of the fear of God, we are come at length to have no regard -for men. Presumptive are we and self-willed, and like that profligate -and abandoned people described by the apostle, “we despise dominion, -and are not afraid to speak evil of dignities”. What will be the issue -of this growing evil, or where the end of those things will be, God -only knows, who is the Disposer of all events. That some care should be -taken to stop its progress, a prudential concern for our own safety, -had we no other inducements, renders absolutely necessary. But there -are motives of a higher nature; the regard we have for our religion, -laws, and liberties, should excite us to it; as an effectual means to -promote the glory of God, and to secure the peace of the kingdom. And -happy it is for us, that we have some illustrious instances of persons, -who have concern enough for both, to engage in their behalf: and to -give us hopes, however, that by this their seasonable zeal in “doing -justice and judgment,” they may be able, with the blessing of Almighty -God, if not to correct all the abuses of these daring and outrageous -people, at least give a check to their insolence, and keep them within -modest bounds; that those who will not be persuaded by the mercy of an -indulgent sovereign, to pay him<span class="pagenum" id="Page_222">[222]</span> willingly that submission which the -very design of government gives an undoubted right to, a just severity -may restrain from such enormous practices, as bring disgrace and danger -to government itself.</p> - -<p>Let us then humbly request of God, that, as he has now begun to make -us happy, by settling us in a state of peace and putting away all fear -of danger from our enemies abroad, he would go on to the completion of -it, by repressing our disorders at home. That so we, who are blessed -with a wise and well constituted government, administered by a mild -and most gracious prince, may testify our sense and worthiness of so -great a blessing, by living peaceably and quietly under it. That to the -fervency of our prayers we may add our endeavours likewise to preserve -an establishment, which is the only means, under God, of preserving -us; and, in a word, which is the common dictate both of reason and -religion, that all, who share in the benefits, may join in the duties -of an obedient people.</p> -<hr class="chap" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_223">[223]</span></p></div> - -<h2>SMUGGLING IN SUSSEX.<br /> - -<span class="subhed">BY WILLIAM DURRANT COOPER, ESQ., F.S.A.</span><br /> - -<span class="subhed"><i>Reprinted from Vol. X. of the “Sussex Archæological Collections.”</i></span></h2> - - -<p>The system of smuggling in Sussex and the neighbouring counties on the -seacoast, dates from a period long prior to that in which heavy customs -duties on imports encouraged, what is locally and technically called, -“the free-trader.”</p> - -<p>The southern counties were first used for an illicit export trade in -wool; and, till after the reign of Charles I., it was only during -our wars with France, Holland and Spain, when the products of those -countries were prohibited here, that there was an illicit import trade -of any magnitude.</p> - - -<h3>EXPORT SMUGGLING.</h3> - -<p>A few notes on the wool trade will best illustrate the origin of the -illegal export of that article, of which Dryden in his “King Arthur,” -says:—</p> - - <div class="poetry-container"> - <div class="poetry"> - <div class="stanza"> - <div>Though Jason’s fleece was famed of old,</div> - <div>The British wool is growing gold,</div> - <div class="i1">No mines can more of wealth supply.</div> - <div>It keeps the peasant from the cold,</div> - <div class="i1">And takes for kings the Tyrian dye.</div> - </div> - </div> - </div> - -<p>In the reign of Edward I., among the articles of inquiry before the -jurors on the hundred rolls, 1274,<span class="pagenum" id="Page_224">[224]</span> was the illegal exportation -of wool;<a id="FNanchor_18" href="#Footnote_18" class="fnanchor">[18]</a> the Sussex return shows that it had been sent from -Shoreham.<a id="FNanchor_19" href="#Footnote_19" class="fnanchor">[19]</a> Soon after an export duty was imposed on English wool, -of 20<i>s.</i> a bag (or 3<i>l.</i> of our money), increased to -40<i>s.</i> (or 6<i>l.</i>) in 1296; then lowered to half-a-mark a -bag; and, ultimately, the higher duty was again imposed. At this time -the price of the English wool was 6<i>d.</i> a pound (or 1<i>s.</i> -6<i>d.</i> of our money), and many English merchants transported -themselves with it.</p> - -<p>Attempts to prohibit the exportation of wool were, however, made by -Edward III. That monarch had offered great facilities to the Flemings -to establish the woollen manufactures in this country; in 1336 the -mayors and bailiffs of Winchelsea, Chichester (and twelve other -ports out of Sussex), were directed not to allow the export till the -duty had been paid;<a id="FNanchor_20" href="#Footnote_20" class="fnanchor">[20]</a> and he had so far succeeded, that the cloth -produced in the year 1337 was sufficient to enable him to prohibit -the wear of any cloths made beyond seas, and to interdict the export -of English wool, under the penalties which then attached to capital -felonies. His anticipations, however, were not realised. The merchants -of Middlebourg, and afterwards of Calais, had great facilities for -evading the English law; they clandestinely exported foreign cloths -to England, and imported the wool smuggled out of this country.<a id="FNanchor_21" href="#Footnote_21" class="fnanchor">[21]</a> -The law was so severe that it became useless;<span class="pagenum" id="Page_225">[225]</span> the punishment of loss -of life and limb was soon repealed. In 1341, Winchelsea, Chichester -(and thirteen other ports not in Sussex), were named, from which wool -might be exported, on payment of a duty of 50<i>s.</i> a sack;<a id="FNanchor_22" href="#Footnote_22" class="fnanchor">[22]</a> and -licenses were granted for all who should give 40<i>s.</i> upon a pack -of wool of 240 pounds, beyond the due custom of half-a-mark a pack. -The next step taken by Edward was to regulate the price of wool; and -accordingly, in 1343, an Act was passed, fixing, for three years, the -price of Kent, Sussex and Middlesex wool—the best wool being fixed -at nine marks (or 8<i>l.</i> 3<i>s.</i> 6<i>d.</i> of our money), and -marsh at 100<i>s.</i> (or 13<i>l.</i> 14<i>s.</i> 6<i>d.</i> of our -money), showing the distinction between the two breeds of short and -long woolled sheep in this country. Similar attempts at regulating the -price were, from time to time, made by the Legislature. In 1353, they -gave the King duty of 50<i>s.</i> a sack<a id="FNanchor_23" href="#Footnote_23" class="fnanchor">[23]</a> on exported wool; and -by the same statute, Chichester was one of the ten towns in England -appointed as staples for weighing the wool. Ten years later, the staple -was established at Calais, and there was a prohibition on exportation -elsewhere; this so lowered the price of wool, that in 1390 the growers -had three, four and five years’ crop unsold; and, in the next year -liberty was given to export generally, on payment of a duty. In 1363, -it was declared that all merchants and others, for their ease, might -ship wools at Lewes, where the customers of Chichester were directed to -take the customs.<a id="FNanchor_24" href="#Footnote_24" class="fnanchor">[24]</a> In 1394, John Burgess, of Lewes, was<span class="pagenum" id="Page_226">[226]</span> pardoned -for being at the port called Kingston, having at Goring by night -shipped wool which had not paid customs, on the ship of Lawrence Blake, -an alien [Pat., 18 Ric. II.] and two years after Thomas Kitte and -Richard Barnard took on horses by night four sacks of wool, which the -said Thomas and Lawrence Hildere had sold to a foreigner and promised -to deliver: and Robert Smith, of Offington, Henry Elay, William Kitte, -John Mitchelgrove, William Hobbin, John Mot, of Worthing, William Otham -and William Garrett, lay wait for them the same night in the highway -at Worthing, near the sea, opposite the port of Kingston, and took -them with their horses and the wool, and detained them, but they paid -8 marks and more to help their cause [Pat., 20 Ric. II.]. In 1368, -Chichester was still among the places for the staple; but in 1402 (4th -Hen. IV.), the Lewes Burgesses prayed<a id="FNanchor_25" href="#Footnote_25" class="fnanchor">[25]</a> that wool might be again -weighed, for home consumption and for shipment, at that town as well -as at Chichester, because they were near the sea, and a great part of -the wool was grown near there, and the town and neighbourhood were -inhabited by many great merchants.</p> - -<p>At this period licenses were freely granted for the export of wool to -any part of the Continent, on payment of a heavy duty to the Crown. -It was to evade this duty that the smuggling trade was carried on. -When, in 1423,<a id="FNanchor_26" href="#Footnote_26" class="fnanchor">[26]</a> it was enacted that no license should be granted -to export the “slight,” <i>i.e.</i>, the short “wools of Southampton, -Kent, Sussex and York,” except to the staple at Calais, a still more -direct encouragement was given to the men of the coast to evade the -law; and, in<span class="pagenum" id="Page_227">[227]</span> 1436, wharves<a id="FNanchor_27" href="#Footnote_27" class="fnanchor">[27]</a> were assigned for the shipping of wool, -to avoid the damage done to the King by those who shipped their wools -in divers secret places and creeks, “stealing and conveying the same, -not customed, to divers parts beyond the seas, and not to Calais.” The -shippers were required to find sureties and to bring back from Calais -certificates of unlading there.</p> - -<p>The price of wool fell considerably; and, in 1454, it was not much more -than two-thirds of its price 110 years previously; the wool-growers -were alarmed, and their representatives in the Commons complained -of the great “abundance of wools, as well by stealth as by license, -uttered into the parts beyond the sea,”<a id="FNanchor_28" href="#Footnote_28" class="fnanchor">[28]</a> and prayed that wool might -not be sold under certain prices; Shropshire marsh wool was fixed at -fourteen marks; Kent at 3<i>l.</i>, instead of 100<i>s.</i>; Sussex at -50<i>s.</i>; and Hants at seven marks a sack; whilst in the next reign -(of Edward IV.) it was enacted that no alien should export wool, and -denizens only to Calais.</p> - -<p>In 1547, under Edward VI., complaints were made as to the falling-off -in the amount of duty due to the crown; the irregularity with which it -was paid; and the mode in which the price was artificially raised by -the merchants. An enquiry was directed into the rate of subsidy due -to the King, and the weight and quality of the wool in England and -Calais;<a id="FNanchor_29" href="#Footnote_29" class="fnanchor">[29]</a> and a bill was introduced for regulating the buying by -staplers and clothiers. In the year 1548, the act against regrating was -continued.</p> - -<p>About this time, it would seem that the woollen<span class="pagenum" id="Page_228">[228]</span> manufacture existed -both in the counties of Kent and Sussex.<a id="FNanchor_30" href="#Footnote_30" class="fnanchor">[30]</a> In 1551, renewed attempts -to improve the English manufacture were made. A body of Flemish -weavers was settled at Glastonbury,<a id="FNanchor_31" href="#Footnote_31" class="fnanchor">[31]</a> and supplied with wools; and -the Legislature passed a very stringent act for regulating the times -of buying wool—so stringent, indeed, that several of its clauses had -to be repealed in 1553. Queen Elizabeth also favoured still more the -immigration of foreign weavers. Although licenses were granted for the -export of wools on payment of duty, and in October, 1560, we have an -account of wools shipped legally to Bruges,<a id="FNanchor_32" href="#Footnote_32" class="fnanchor">[32]</a> yet practically the -merchants of the staple had obtained a monopoly of exportation.<a id="FNanchor_33" href="#Footnote_33" class="fnanchor">[33]</a></p> - -<p>The loss of Calais, however, and consequently of the staple there, had -most materially injured the English wool-grower and the merchants of -the staple. The latter laid their complaints before Queen Elizabeth, -in 1560, representing the injury they had sustained since the loss -of Calais,<a id="FNanchor_34" href="#Footnote_34" class="fnanchor">[34]</a> and obtained such redress as was within the power of -the crown, namely, by license to export wool generally, on payment of -export duty. A similar license had been granted to Lord Robert Dudley, -which was renewed in 1562;<a id="FNanchor_35" href="#Footnote_35" class="fnanchor">[35]</a> and in 1571 the act of Edward VI., -putting restrictions on the home trade, was extended.</p> - -<p><span class="pagenum" id="Page_229">[229]</span></p> - -<p>The Parliaments of Mary, Elizabeth and James granted the high duty of -1<i>l.</i> 13<i>s.</i> 6<i>d.</i> a sack on wool exported by natives, -and double the amount by foreigners. It is noticeable that at this time -short wools had become of still less value; and that the long Cotswold -wool had come into the most favour.</p> - -<p>These restrictions operated very prejudicially on the trade; and in -1572 the Company of Woolmen petitioned the Queen to take off the -restraints imposed by the act of the preceding year and by Edward -VI.;<a id="FNanchor_36" href="#Footnote_36" class="fnanchor">[36]</a> and five years afterwards (1577) the scarcity and high price -were so great as to give rise to grave complaints against the merchants -of the staple from the clothiers of Wilts, Worcester, Gloucester and -Essex<a id="FNanchor_37" href="#Footnote_37" class="fnanchor">[37]</a> (then the principal seats of the woollen manufacture). In -August of that year commissioners were appointed in sundry counties to -have the special oversight for the restraint of the unlawful buying and -engrossing wool;<a id="FNanchor_38" href="#Footnote_38" class="fnanchor">[38]</a> and towards the close of the reign of James I. -(in 1621–24–26) bills were introduced prohibiting all exportation of -wool.<a id="FNanchor_39" href="#Footnote_39" class="fnanchor">[39]</a></p> - -<p>On April 17, 1630, Charles I. also published a proclamation against the -export of wool, but still granted licenses. In 1647, in consequence -of the high price, an ordinance passed wholly prohibiting the -exportation of wool and Fuller’s Earth.<a id="FNanchor_40" href="#Footnote_40" class="fnanchor">[40]</a> Again, on November 18, -1656, a further proclamation was issued against the exportation; yet -it was avowed, by an<span class="pagenum" id="Page_230">[230]</span> authority writing in that year,<a id="FNanchor_41" href="#Footnote_41" class="fnanchor">[41]</a> that, though -the exportation was prohibited as almost a felony, there was nothing -more daily practised. Nor was the loss, said he, in this case all -the injury; for when honest men did “detect these caterpillars,” and -endeavoured by due course of law to make stoppage thereof, and to have -the offenders punished, so many were the evasions—such combination -and interests in the officers who ought to punish; such favour had -they in the courts of justice, and in general, such were the affronts -and discouragements—that the dearest lover of his country, or most -interested in trade, dared not to prevent that mischief which his eyes -beheld to fall upon his nation.</p> - -<p>After the Restoration, in 1660, an act was passed entirely prohibiting -the export of wool; and in 1662, the illicit export was made felony. -The severity of the punishment had no effect in discouraging the -active spirits along the southern coast, and they readily risked their -necks for 12<i>d.</i> a day. Seven years after the last enactment, -it is stated that from Romney Marsh the greatest part of the rough -wool was exported, being put on board French shallops by night, with -ten or twenty men well armed to guard it; whilst in some other parts -of Sussex, Hants, and Essex, the same methods were used, but not so -conveniently.<a id="FNanchor_42" href="#Footnote_42" class="fnanchor">[42]</a> In 1671, Mr. W. Carter declared that the misery of -England was the great quantity of wool stolen out of England. Holland -drew from Ireland whole ship-loads of wool, besides what came from -England, being stolen out from the Kentish, Essex, and Sussex coasts. -In the town of Calais alone,<span class="pagenum" id="Page_231">[231]</span> there had been at least, within two -years, brought in forty thousand packs of wool from the coasts of -Kent and Sussex; for Romney Marsh men were not content only with the -exportation of their own growth, but bought wool ten or twenty miles up -the country, brought it down to the seaside, and shipped it off;<a id="FNanchor_43" href="#Footnote_43" class="fnanchor">[43]</a> -and all attempts at effective prosecution of the offenders were -defeated.<a id="FNanchor_44" href="#Footnote_44" class="fnanchor">[44]</a></p> - -<p>In 1677, the landowners endeavoured, without success, to obtain a -direct sanction for a legitimate export trade; and “Reasons for a -Limited Exportation” were published. Andrew Marvel, writing in this -same year, describes the owners as a militia, that, in defiance of all -authority, convey their wool to the shallops with such strength, that -the officers dare not offend them.<a id="FNanchor_45" href="#Footnote_45" class="fnanchor">[45]</a></p> - -<p>After the revolution of 1688, the penalty of felony, imposed by the Act -of Charles II., was thought too severe. Very few convictions had taken -place under it; and, in 1698, a milder punishment was inflicted;<a id="FNanchor_46" href="#Footnote_46" class="fnanchor">[46]</a> -whilst, in 1698, a direct blow was aimed at the Kent<span class="pagenum" id="Page_232">[232]</span> and Sussex men by -an enactment which lasted till our own day,<a id="FNanchor_47" href="#Footnote_47" class="fnanchor">[47]</a> that no person living -within fifteen miles of the sea, in those counties, should buy any -wool before he entered into a bond, with sureties, that all the wool -he should buy should not be sold by him to any persons within fifteen -miles of the sea; and growers of wool within ten miles of the sea, in -those counties, were obliged, within three days of shearing, to account -for the number of fleeces, and where lodged.</p> - -<p>All the care of the Legislature had been to no purpose; the coast -men had set the law at defiance—openly carrying their wool at -shearing-time, on horses’ backs to the seashore, where French vessels -were ready to receive it—and attacking fiercely anyone who ventured -to interfere. Mr. W. Carter himself was sharply attacked in 1688. -Having procured the necessary warrants, he repaired to Romney Marsh, -where he seized eight or ten men, who were carrying the wool on the -horses’ backs to be shipped, and desired the Mayor of Romney to commit -them. The Mayor—wishing, no doubt, to live a peaceful life among his -neighbours—admitted them to bail. Carter and his assistants retired to -Lydd, but that town was made too hot to hold them—they were attacked -at night; adopting the advice of the Mayor’s son, they next day, -December 13, came towards Rye. They were pursued by some fifty armed -horsemen till they got to Camber Point; so fast were they followed, -that they could not get their horses over Guilford Ferry; but, luckily, -some ships’ boats gave them assistance, so that the riders got safe -into the town, which had been “put into much fear;” and “had they not -got into the boats,”<span class="pagenum" id="Page_233">[233]</span> says one of the witnesses, “Mr. Carter would have -received some hurt, for many of the exporters were desperate fellows, -not caring what mischief they did.”<a id="FNanchor_48" href="#Footnote_48" class="fnanchor">[48]</a></p> - -<p>The new law was not, at first, much more efficient. Mr. Henry Baker, -the supervisor of these counties, writing on his tour from Hastings, on -September 18, 1698, refers the customs department to some observations -he had made in relation to the “owling”<a id="FNanchor_49" href="#Footnote_49" class="fnanchor">[49]</a> and smuggling trades; and -in his letter of April 25, 1699, he states that in a few weeks there -would be shorn in Romney Marsh (besides the adjacent parts in the -level) about 160,000 sheep, whose fleeces would amount to about three -thousand packs of wool, “the greatest part whereof will be immediately -sent off hot into France—it being so designed, and provisions, in a -great measure, already made for that purpose.”<a id="FNanchor_50" href="#Footnote_50" class="fnanchor">[50]</a> All that the new law -seems to have done at first was to send the wool grown by the Sussex -and Kent men some fifteen miles up the country, to be thence recarried -to the sea and shipped.</p> - -<p>Under the new act, seventeen surveyors were appointed for nineteen -counties; and 299 riding officers, whose salaries and expenses came to -£20,000 a year. They seized only 457 packs of wool, got only 162 packs -condemned, and had 504 packs rescued. In Kent, sixty-five packs were -seized and eight only condemned; in Sussex, twenty-six were seized, and -twelve condemned.<a id="FNanchor_51" href="#Footnote_51" class="fnanchor">[51]</a></p> - -<p>The illicit exportation of wool was never stopped;<span class="pagenum" id="Page_234">[234]</span> and, in 1702, -Mr. William Symonds, of Milton, near Gravesend, in his “New Year’s -Gift to the Parliament: or, England’s Golden Fleece preserved, in -Proposals humbly laid before the Present Parliament,”<a id="FNanchor_52" href="#Footnote_52" class="fnanchor">[52]</a> makes -twenty-five proposals to prevent the exportation of wool, which was -illicitly carried on to a great extent; and, by the first, he suggests -six staples, or registry offices, at Ashford, Faversham, Maidstone, -Tunbridge, Gravesend, and Dartford, for the prevention of clandestine -export from these places.</p> - -<p>In 1717, an act passed, directing that smugglers of wool, who should be -in prison, and should not plead, might have judgment against them, and, -if they did not pay the penalty, might be transported;<a id="FNanchor_53" href="#Footnote_53" class="fnanchor">[53]</a> and yet, on -May 19, 1720, it was necessary to issue a proclamation for enforcing -the law.</p> - -<p>In 1731, and in the five following years, the manufacturers petitioned -for greater vigilance against the clandestine exportation of wool; it -being alleged that the great decay of the woollen manufactures was, -beyond dispute, owing to the illegal exportation of wool, of which -150,000 packs were supposed to be shipped yearly; and it was “feared -that some gentlemen of no mean rank, whose estates bordered on the -seacoast, were too much influenced by a near but false prospect of -gain,” to wish for the application of a remedy proposed, viz., the -registration of all wool at shearing-time, and a complete system of -certificates till it was manufactured; “so that no smuggler or owler -would venture to purchase it, by reason he would have no opportunity of -sending it abroad in the dark.”<a id="FNanchor_54" href="#Footnote_54" class="fnanchor">[54]</a></p> - -<p><span class="pagenum" id="Page_235">[235]</span></p> - -<p>In the preamble to the Act of 1739,<a id="FNanchor_55" href="#Footnote_55" class="fnanchor">[55]</a> it is expressly avowed that, -notwithstanding the penalties imposed for eighty years, the exportation -of wool, unmanufactured, was “notoriously continued.” The stringent law -of 1698 had failed in its object, and when, in 1787 (in opposition to -the demands of the Lincolnshire wool-growers for power to export their -produce), the manufacturers brought in a bill to prevent the illicit -exportation, because of the then increasing practice of smuggling -British wool into France, and the inefficiency of the laws to prevent -it; and when, as a remedy, it was proposed to extend the restrictions -imposed upon Kent and Sussex to the entire kingdom, the opponents of -the bill shrewdly asked:—“How it was the manufacturers could act -so absurdly, to demand an extension of laws relating to those two -counties, when it was supposed that the greatest quantities of wool -were smuggled from those parts?”<a id="FNanchor_56" href="#Footnote_56" class="fnanchor">[56]</a></p> - -<p>The habit of export smuggling, then, has been, for some hundreds of -years at least, part of the system under which the middle and lower -classes in Sussex have been trained. Large fortunes were made by it in -East Sussex, and it came to an end only during the last war with France.</p> - - -<h3>IMPORT SMUGGLING.</h3> - -<p>The wars with France, in the time of King William and Queen Anne, -revived and increased greatly the custom of <i>import</i> smuggling, -for which the existing <i>export</i> system, already well organised, -gave every convenience.</p> - -<p><span class="pagenum" id="Page_236">[236]</span></p> - -<p>It was in Romney Marsh that Hunt, in the year 1696, ran cargoes of -Lyons silk and Valenciennes lace sufficient to load thirty pack-horses; -and, under cover of these proceedings, kept a house of resort for -men of high consideration among the Jacobites—of “earls and barons, -knights and doctors of divinity”—and established a clandestine post to -London, and frequent communications, by means of privateers, with the -Court of St. Germains.<a id="FNanchor_57" href="#Footnote_57" class="fnanchor">[57]</a></p> - -<p>The vigilance necessarily used during the next war, to prevent these -clandestine communications with the enemy, will be best seen by the -following account of some persons, as well English as French,<a id="FNanchor_58" href="#Footnote_58" class="fnanchor">[58]</a> -seized by the riding officers appointed for the guard of the coast of -Kent and Sussex, coming out of France; and of some other particulars -relating to correspondence, &c., on those coasts, since her Majesty’s -declaration of war in May, 1702, to December 20, 1703:—</p> - -<div class="blockquot"> - -<p class="hangingindent"><span class="smcap">July 25, 1702.</span>—Some French letters sent from a -privateer, and others found in the beach near Seaford, all -delivered to the Secretary Hedge’s office.</p> - -<p class="hangingindent"><span class="smcap">Oct. 8.</span>—Near Seaford, two persons seized and sent to -the Secretary. Mr. Pelham and J. Goldham.</p> - -<p class="hangingindent"><span class="smcap">Jan. 4, 1703.</span>—At Newhaven, five Frenchmen and a boy -taken. Hawkins.</p> - -<p class="hangingindent"><span class="smcap">Mar. 5.</span>—At Felpham, two French prisoners. Parratt.</p> - -<p class="hangingindent"><span class="smcap">May 3.</span>—A Frenchman, from Calais, with letters and -papers, under Beachy Head in the night, sent for. Messenger -Fowler.</p> - -<p class="hangingindent"><span class="smcap">May 6.</span>—Three French prisoners at Pagham.</p> -</div> - -<p><span class="pagenum" id="Page_237">[237]</span></p> - -<p class="hangingindent"><span class="smcap">May 27.</span>—Five or six French prisoners more, near -Shoreham. Clark.</p> - -<p class="left1">Captain Toosloe sett on shore, by Cleavell, from Dieppe. Clark.</p> - -<p class="left1">Shoreham: Three French prisoners more. Mose.</p> - -<p class="left1">Three came on shore in long-boat, and made their escape through -the country. Ogilvie.</p> - -<p class="hangingindent"><span class="smcap">Oct. 2.</span>—Mr. Herne seized: brought up per messenger. -Seaford.</p> - -<p class="hangingindent"><span class="smcap">Dec. 12.</span>—Major Boucher, Captain Ogiliby and five more -out of France, seized at Beachy Head, by express; brought up by -messengers.</p> - -<p class="left1">Out of a small hoy, near Selsea, seized five Frenchmen; -committed to Chichester gaol, broke prison, and retaken by J. -Field.</p> - -<p class="hangingindent"><span class="smcap">Seizures of Silks and other French Goods, -&c.</span>—Convictions and compositions made and obtained by the -said officers, within the time first above-menconed, amounting -to about six thousand five hundred pounds—as per records in her -Majesty’s Court of Exchequer may appeare. 6,500<i>l.</i></p> - - -<p>The public records of this period give us other evidence of the calling -to which the smugglers betook themselves in time of war, viz., the -conveyance of letters and correspondence to the enemy.<a id="FNanchor_59" href="#Footnote_59" class="fnanchor">[59]</a> Thomas Owen, -on January 3, 1703, reported the capture of William Snipp at Lydd, and -John Burwash and George Fuller—described in Mr. Baker’s letter of 6th -of the same month as “part of the old gang of those who were ‘owlers’ -in the late war”—as openly in communication<span class="pagenum" id="Page_238">[238]</span> with French sloops which -came to the coast, and hoped that the law would take hold of their -carrying correspondence with the sloops, “else there would be more -wool transported than there has been for many years;” whilst Mr. Baker -declared that “the practice, if permitted, would very much encourage -and contribute to the exportation of wool, and also the running or -smuggling of French goods.”<a id="FNanchor_60" href="#Footnote_60" class="fnanchor">[60]</a></p> - -<p>This system of carrying on correspondence with France, in time of -war, lasted down to and through the last war, during which the daily -newspapers and correspondence were regularly carried to Buonaparte, by -a family then resident at Bexhill.</p> - -<p>From the following report, made by Mr. Baker in December, 1703, it -appears that the new law had by that time abated, though it had not -quite stopped, the “owling” trade along these coasts, but that import -smuggling still flourished:—</p> - -<p>“May it please your Honours,<a id="FNanchor_61" href="#Footnote_61" class="fnanchor">[61]</a>—In obedience to your Honours, -commanding me to consider how the charge of the ryding-officers -appointed for the guard of the coasts of Kent and Sussex may, in some -measure, be reduced without prejudice to her Majestie’s service, -in preventing the exporting of wool, &c., from these coasts. Upon -consideration thereof, and from observations I have made of the state -of that and the smuggling trade, as they have been carryed on since -the present warr, I have observed and do beleive that the neck of the -‘owling’ trade, as well as the spirit of the ‘owlers,’ is in a great -measure broke, particularly in Romney Marsh; where I have, in several -of my late<span class="pagenum" id="Page_239">[239]</span> reports and papers laid before your Honours, observed -unto you, that in the latter end of the last warr, and the beginning -of the last peace, wool used to be shipped off from thence and from -other parts of that county by great numbers of packes weekly, there -are not now many visible signs of any quantities being transported. -But for fine goods, as they call them (viz., silks, lace, &c.), I am -well assured that trade goes on through both counties, though not in -such vast quantities as have been formerly brought in—I mean in those -days when (as a gentleman of estate in one of the counties has, within -this twelve months, told me) he had been att once, besides at other -times, at the loading of a wagon with silks, lace, &c., till six oxen -could hardly move it out of the place: I doe not think that the trade -is now so carried on as ’twas then. Therefore, upon consideration of -the whole matter, since your Honours are of opinion that it is for -her Majestie’s service to lessen the charge, I humbly propose:—That -whereas there are now, for the security of those coasts, fifty officers -appointed from the Isle of Sheppy, in Kent, to Ensworth, in Hampshire, -which is coastwise more than two hundred miles, att 60<i>li.</i> per -annum, with an allowance to each of them of 30<i>li.</i> per annum -for a servant and horse, to assist them upon their duty in the night, -the whole amounting to about 4500<i>li.</i> per annum, including the -old sallary of the port-officers, &c., my opinion, upon consideration -as aforesaid, is, if your Honours shall approve thereof, that the -said allowance of 30<i>li.</i> to each of them, for a servant and one -horse as aforesaid, may be taken off, which will completely reduce -one-third part of the whole, and leave it then at about 3000<i>li.</i> -per annum; and for some kind of supply in their nightly duty, instead -of their<span class="pagenum" id="Page_240">[240]</span> servants, and that the course of that may not be broken, -especially in Romney Marsh, where the mischief has most prevailed, -I further propose that the dragoons now quartered in Kent, and, by -her Majestie’s order of the 11th August last, to be detached into -severall parts of the Marsh, to assist the officers in the exportacon -of wool, &c., as from time to time I shall direct (as per said order -may appeare), may, if your Honours shall so please, be made useful in -this service, pursuant to the Order in Councell by his late Majestie, -bearing date the 23rd June, 1698, wherein it was ordered that, for the -encouragement of the said souldiers and the landlords of the houses -that quarter them there (being an allowance of twopence per diem to -each dragoon upon such service, and to the officers in proportion, the -whole not exceeding 200<i>li.</i> per annum, to be paid by me—which -was for about two years constantly paid them myself), being revived, I -can soe dispose those souldiers that the nightly duty of the officers -shall not be interrupted, and every one of them shall always have one -or more of them in the night upon duty; I mean all those in the Marsh, -that is from Folkestone inclusive to East Guldeford the same; and this -being soe ordered, your Honours do reduce the charge from what it now -is full 1300<i>li.</i> per annum. The same use may be made of them -upon the coast of Sussex (if it be thought for the service, as in my -opinion it would very much be), as well in other respects as those -afore-mentioned. To all this, if your Honours can obtain the guard of -cruizers, as they are appointed by the 7th and 8th of the late King, -for those coasts from the North Foreland to the Isle of Wight, and -shall be pleased to remove your weak and superanuated officers, as -soon as you can provide otherwise for them, and for the future resolve -to admit none<span class="pagenum" id="Page_241">[241]</span> into the service; but that the officers (according to -proper and apt instructions to be prepared for them) be kept to a -strict and diligent discipline in the performance of their duties. -These methods being taken, I am humbly of opinion both coasts may be -ventured with a single guard, soe as aforesaid, during the warr, or for -one year’s tryall, &c.</p> - -<p class="r1 smcap">“Hen. Baker.</p> - -<p>“December, 1703.”</p> - -<hr class="tb" /> - -<p>The new force was utterly inadequate to the suppression of the trade. -In the next forty-five years the daring of the smugglers grew with the -impunity with which they were enabled to act. Large gangs, of twenty, -forty, fifty, and even one hundred, rode, armed with guns, bludgeons, -and clubs, throughout the country, setting every one at defiance, and -awing all the quiet inhabitants. They established warehouses and vaults -in many districts, for the reception of their goods, and built large -houses at Seacock’s Heath, in Etchingham (built by the well-known -smuggler, Arthur Gray, and called “Gray’s Folly”), at Pix Hall and -the Four Throws, Hawkhurst,<a id="FNanchor_62" href="#Footnote_62" class="fnanchor">[62]</a> at Goudhurst, and elsewhere, with the -profits of their trade.</p> - -<p>We have in the treasury papers<a id="FNanchor_63" href="#Footnote_63" class="fnanchor">[63]</a> many particulars of the daring and -desperate acts of these companies or gangs of men in both parts of -Sussex, during the first half of the last century, principally in the -smuggling of tea.</p> - -<p>In an engagement between the custom-house officers and upwards of sixty -armed men, at Ferring, on June<span class="pagenum" id="Page_242">[242]</span> 21st, 1720, William Gouldsmith, the -custom-house officer, had his horse shot under him.<a id="FNanchor_64" href="#Footnote_64" class="fnanchor">[64]</a></p> - -<p>In June, 1733, the officers of the customs at Newhaven attempted to -seize ten horses laden with tea, at Cuckmere; but they were opposed by -about thirty men, armed with pistols and blunderbusses, who fired on -the officers, took them prisoners, and confined them whilst the goods -were carried off.<a id="FNanchor_65" href="#Footnote_65" class="fnanchor">[65]</a></p> - -<p>In August of the same year, the riding officers observed upwards of -twenty smugglers at Greenhay, most of them on horseback, armed with -clubs, and their horses laden with tea, which the officers endeavoured -to seize, but the smugglers fell upon them, and with clubs knocked one -of the officers off his horse, wounded him, and confined him for an -hour, whilst the gang carried off the goods.</p> - -<p>On December 6, 1735, some officers of Newhaven, assisted by dragoons, -met with a large gang of smugglers, well armed, who surrounded the -officers, and confined them for about an hour and a half. The smugglers -were afterwards met by three other officers and six dragoons, whom the -smugglers attacked, but the officers got the better, pursued them, and -seized five smugglers, armed with pistols, swords, and cutlasses, and -twelve horses.</p> - -<p>In July, 1735, some of the officers of the port of Arundel watched on -the coast, expecting goods to be run out of a smuggling vessel, but -being discovered by upwards of twenty smugglers armed with pistols and -blunderbusses, the officers were confined till two or three boatloads -of goods had been landed and conveyed<span class="pagenum" id="Page_243">[243]</span> away on horses; and in the same -month, some other officers having received information that a parcel of -brandy was to be run at Kingston, and going in pursuit of it, met with -ten smugglers, one of whom presented a pistol in order to rescue the -goods; but the officers getting the better of the smugglers, seized the -brandy and carried it to the custom-house.</p> - -<p>In the natural course of events these affrays must end in bloodshed; -and in March, 1737, a fatal engagement took place at Bulverhithe, with -one of the then numerous gangs of Sussex smugglers, an account of which -is given in a letter, dated March 10, from a person writing under the -assumed name of Goring, to the Commissioners of Customs:—<a id="FNanchor_66" href="#Footnote_66" class="fnanchor">[66]</a></p> - -<p>“May it please (your) Honours,—It is not unknown to your Lordships of -the late battle between the smuglers and officers at Bulverhide; and -in relation to that business, if your Honours please to advise in the -newspapers, that this is expected off, I will send a list of the names -of the persons that were at that business, and the places’ names where -they are usually and mostly resident. Cat<a id="FNanchor_67" href="#Footnote_67" class="fnanchor">[67]</a> (Morten’s man) fired -first, Morten was the second that fired; the soldiers fired and killed -Collison,<a id="FNanchor_68" href="#Footnote_68" class="fnanchor">[68]</a> wounded Pizon, who is since dead; William Weston was -wounded, but like to recover. Young Mr. Brown was not there, but his -men and horses were; from your Honours’</p> - -<p class="r2">“Dutifull and Most faithfull servant,</p> - -<p class="r1 smcap">“Goring.”</p> - -<p><span class="pagenum" id="Page_244">[244]</span></p> - -<p>“There was no foreign persons at this business, but all were Sussex -men, and may easily be spoke with.</p> - -<p>“This (is) the seventh time Morten’s people have workt this winter, -and have not lost any thing but one half hundred (of tea) they gave to -a dragoon and one officer they met with the first of this winter; and -the Hoo company have lost no goods, although they constantly work, and -at home too, since they lost the seven hundredweight. When once the -smuglers are drove from home they will soon be all taken. Note, that -some say it was Gurr that fired first. You must well secure Cat, or -else your Honours will soon lose the man; the best way will be to send -for him up to London, for he knows the whole company, and hath been -Morten’s servant two years. There were several young chaps with the -smuglers, whom, when taken, will soon discover the whole company. The -number was twenty-six men. Mark’s horse, Morten’s, and Hoad’s, were -killed, and they lost not half their goods. They have sent for more -goods, and twenty-nine horses set out from Groomsbridge this day, about -four in the afternoon, and all the men well armed with long guns.... -There are some smuglers worth a good sum of money, and they pay for -taking.... The Hoo company might have been all ruined when they lost -their goods; the officers and soldiers knew them all, but they were not -prosecuted.... Morten and Boura sold, last winter, someways, 3,000 lb. -weight a week.”</p> - -<p>In fact, the smugglers overawed most of the riding officers, and bribed -many others, so that the peaceable inhabitants of the villages were -completely at the mercy of these lawless bands.</p> - -<p>On June 13, 1744, the officers of the customs at Eastbourne, having -intelligence of a gang of smugglers,<span class="pagenum" id="Page_245">[245]</span> went, with five dragoons mounted, -to the seashore, near Pevensey; but one hundred smugglers rode up, and -after disarming the officers, fired about forty shots at them, cut them -with the swords in a dangerous manner, loaded the goods on above one -hundred horses, and made towards London.<a id="FNanchor_69" href="#Footnote_69" class="fnanchor">[69]</a></p> - -<p>In “Seasonable Advice to all Smugglers of French Cambricks and French -Lawns, with a brief State from the Honourable Commissioners of His -Majesty’s Customs of Smuggling, in the year 1745,”<a id="FNanchor_70" href="#Footnote_70" class="fnanchor">[70]</a> it is said that -before the Committee of the House of Commons, which sat in 1745 to -inquire into the causes of the most infamous practice of smuggling, it -was in evidence:—“From Chichester it is represented that in January, -1745, nine smuggling cutters sailed from Rye, in that month, for -Guernsey, in order to take in large quantities of goods, to be run on -the coast; and they had intelligence that one of the cutters had landed -her cargo.” The remedy suggested was the annexing the Isle of Man to -the Crown of England, by purchase, and the employment of 2,060 sea -officers and men, in sixty vessels, to be stationed on different parts -of the coast.</p> - -<p>The most formidable gang, however, that had hitherto existed, and -that which luckily furnished the climax to these scenes of crime, was -known throughout our own county and Kent as the “Hawkhurst Gang.” In -the year 1747<a id="FNanchor_71" href="#Footnote_71" class="fnanchor">[71]</a> the smugglers in those parts were grown so numerous -and so formidable by their daring and repeated attacks on the persons -and properties of the inhabitants, and the cruelties exercised on some -who<span class="pagenum" id="Page_246">[246]</span> had opposed their extravagancies, that the people of Goudhurst -found themselves under the necessity either of deserting their houses, -and leaving their property wholly at the mercy of these marauders, -or of uniting to oppose by force their lawless inroads. The latter -alternative was at length embraced; a paper, expressive of their -abhorrence of the conduct of the smugglers, and their determination -to oppose them, was drawn up and subscribed to by a considerable -number of persons, who assumed the appellation of “The Goudhurst -Band of Militia,” at the head of whom was a young man of the name of -Sturt, a native of Goudhurst, who had recently received his discharge -from a regiment of foot, under the command of General Harrison, -and by whose persuasions they had been principally induced to this -resolution. Intelligence of this confederacy soon reached the ears of -the smugglers, who contrived to waylay one of the militia, and, by -means of torture and confinement, extorted from him a full disclosure -of the plans and intentions of his colleagues. After swearing this man -not to take up arms against them, they let him go, desiring him to -inform the confederates that they (the smugglers) would, on a certain -day named, attack the town, murder every one therein, and burn it to -the ground. Sturt, on receiving this information, convened his little -band, and, having pointed out the danger of their situation without -exertion and unanimity, engaged them in immediate preparation for the -day of battle. While some were sent in quest of firearms, others were -employed in casting balls, making cartridges, and taking every means -for resistance and defence which time and opportunity afforded. At the -time appointed, the smugglers, headed by Thomas Kingsmill, made their -appearance<span class="pagenum" id="Page_247">[247]</span> before the entrenchments of the militia,<a id="FNanchor_72" href="#Footnote_72" class="fnanchor">[72]</a> and after some -horrid threats and imprecations by their leader, a general discharge of -firearms was given by the smugglers, and returned immediately by the -militia, by which one of the smugglers fell; but it was not till two -more had lost their lives, and many had been wounded, that they quitted -the field of battle; they were pursued by the militia and some of them -taken and executed.<a id="FNanchor_73" href="#Footnote_73" class="fnanchor">[73]</a></p> - -<p>Thomas Kingsmill escaped for a time, and became the leader of the -desperate attack made in October, 1747, by thirty smugglers on the -custom-house at Poole. This man was a native of Goudhurst, and had been -a husbandman; but, having joined the smugglers, he was distinguished -and daring enough to become captain of the gang—an honour of which he -was so proud that he sought every opportunity of exhibiting specimens -of his courage, and putting himself foremost in every service of danger.</p> - -<p>Perrin, another of the gang, was a native of Chichester, where he had -served his time as a carpenter, and had successfully practised his -trade, as a master, for some years, till a stroke of the palsy had -deprived him of the use of his right hand; he then became connected -with the smugglers, and used to sail to France as purchaser of goods -for them. In this capacity he, in September, 1747, bought a large -quantity of brandy, tea and<span class="pagenum" id="Page_248">[248]</span> rum,<a id="FNanchor_74" href="#Footnote_74" class="fnanchor">[74]</a> which was loaded on board a -cutter (“The Three Brothers”), with the view of running it on the coast -of Sussex; but intelligence reached the revenue officers, and Captain -Johnson, of the revenue cutter at Poole, on September 22, caught sight -of the loaded cutter, took her, and carried her and her cargo into -Poole—Perrin and the crew escaping in the boat.</p> - -<p>On Sunday, Oct. 4, the whole body of smugglers assembled in the -Charlton Forest to consult on the possibility of recovering the goods, -when Perrin proposed that they should go in a body, armed, and break -open the Poole Custom-house; this was agreed to, and a bond was signed -to support each other. The next day they met at Rowland’s Castle, -armed with swords and firearms; at the Forest of Bere, adjoining -Horndean, Kingsmill and the Hawkhurst gang met them; they concealed -themselves in the wood till the evening of the following day, and then -proceeded to Poole, which they reached at eleven at night. A report -from two who were sent to reconnoitre, stating that a sloop of war lay -opposite the quay, so that her guns could be pointed against the door -of the custom-house, led some of the gang to falter; but Kingsmill and -Fairall (a native of Horsendown Green, Kent, of no business, inured -to smuggling from infancy, and remarkable for his brutal courage<a id="FNanchor_75" href="#Footnote_75" class="fnanchor">[75]</a>) -addressed them, saying: “If you<span class="pagenum" id="Page_249">[249]</span> will not do it, we will do it -ourselves.” Then a fresh report was made, that, owing to the ebb-tide, -the sloop could not bring her guns to bear. Animated with this -intelligence, they all rode to the sea coast; Perrin and another of the -gang took care of the horses, whilst the main body went down to the -custom-house, taking with them a boy they chanced to meet, to prevent -his alarming the inhabitants. The door was forced open with hatchets -and other instruments, the smuggled tea was carried off on the horses -to Fordingbridge; the band, after having travelled all night, there -stopped for a time, but continued their journey to Brook, where the tea -booty was divided in the proportion of five bags of twenty-seven pounds -each per man.</p> - -<p>A reward was offered for their apprehension, but it was months -before any were taken. A man named Diamond was captured, and lodged -in Chichester gaol, when a portion of the gang committed murders in -West Sussex to prevent evidence being given against their fellows. -The victims were William Galley the elder, a custom-house officer at -Southampton; and Daniel Chater, a shoemaker of Fordingbridge. The -murderers were Benjamin Tapner, a native of Aldrington,<a id="FNanchor_76" href="#Footnote_76" class="fnanchor">[76]</a> who had -worked as a bricklayer; John Cobby, an illiterate son of a Sussex -labourer; John Hammond, a labouring man, born at South Berstead; -William Jackson and William Carter, natives of Hampshire; Richard Mills -the elder, a native of Trotton, where he had been a horse-dealer, -but, failing in business, had commenced smuggling, and become one of -the most hardened of the gang; and Richard Mills the younger, who -lived at<span class="pagenum" id="Page_250">[250]</span> Stedham, and had been with his father in business. It seems -that, on February 14, 1748, Galley and Chater were on their road to -Major Battine’s, at Stanstead, to have Chater’s evidence taken, when -they were induced to stop at the White Hart, at Rowland’s Castle, -the landlady of which, being afraid that they were going to hurt the -smugglers, sent for Jackson and Carter, and communicated her suspicions -to them; others of the gang came in, and Carter soon got from Chater -the real business. The men were then made nearly drunk, and put to bed; -from which they were awoken to be tied to one horse, with their legs -under the belly, and to be whipped till they fell twice, with their -heads under. They were then taken to a well in Lady Holt Park, where -Galley was taken from the horse and threatened to be thrown into the -well; this, however, the smugglers did not do, but, putting him again -upon the horse, whipped him to death on the Downs, and then dug a hole -and buried him. Chater was then chained in a turf-house, from which, -after being maimed in his nose and eyes by a knife, he was taken in -the dead of the night to Harris’s Well, and Tapner, having fastened a -noose round Chater’s neck, bid him get over the pales of the well; they -tied one end of the rope to the pales, and pushed him into the well; -the rope, however, was short, and he, being some time without becoming -strangled, they then untied him and threw him head foremost into the -well; and, to stop his groans, threw upon him the rails and gate-posts -round the well, and large stones. Galley’s body was found by Mr. Stone -whilst hunting; and six miles off, in the well, the body of Chater. -The murderers were tried at a special assize for smugglers, holden -at Chichester, before three judges—Sir Michael Forster, Knight, Sir -Thomas Birch,<span class="pagenum" id="Page_251">[251]</span> Knight, and Mr. Baron Edward Clive—January 16, 1749. -The sermon, which has been printed,<a id="FNanchor_77" href="#Footnote_77" class="fnanchor">[77]</a> being preached by Sir William -Ashburnham, then Dean, but afterwards Bishop of Chichester, from -<i>Job</i> xxix., 14–16. The first three were convicted as principals, -and the others as accessories before the fact to the murder of Chater; -and Jackson and Carter for the murder of Galley. Jackson died in prison -the night he was condemned. The others were hung on January 18—the two -Mills’s not in chains; but Carter was hung in chains, near Rackley; -Tapner, on Rook’s Hill, near Chichester; and Cobby and Hammond, on -Selsey Isle, on the heath where they sometimes landed their smuggled -goods, and where they could be seen a great distance east and west.</p> - -<p>John Mills, another son of Richard Mills and one of the gang, who, -with some of his associates saw the judges travelling over Hind Heath, -on their way to the special assize at Chichester, and proposed to -rob them;<a id="FNanchor_78" href="#Footnote_78" class="fnanchor">[78]</a> but his companions refused to concur with him. Soon<span class="pagenum" id="Page_252">[252]</span> -after his father’s execution, he met with Richard Hawkins, put him on -horseback and carried him to the Dog and Partridge on Slindon Common, -where Mills and his companions accused him of having stolen two bags -of tea; and on his denying it, flogged and kicked him to death, and -then, carrying his body twelve miles, tied stones to it and sunk it in -a pond in Parham Park. Mills was entrapped to the house of an outlawed -smuggler named William Pring, at Beckenham, and there betrayed. He was -tried and convicted at the assizes holden at East Grinstead, and there -hung on Aug. 12, 1749, being conducted to the place of execution by a -guard of soldiers, as a rescue was feared from the smugglers; and after -execution, he was hung in chains on Slindon Common. Others of the gang -were tried at the same assizes as highwaymen, and executed.</p> - -<p>At length two of the smugglers, who had been evidence against the men -hanged at Chichester, gave information as to the place of meeting of -Kingsmill, Fairall, Perrin and Glover; they were arrested for the -breaking open of the custom-house at Poole, tried at Newgate, and -convicted,<a id="FNanchor_79" href="#Footnote_79" class="fnanchor">[79]</a> Glover being recommended by the jury to the royal mercy. -Fairall behaved most insolently on the trial, and threatened one of -the witnesses; Glover exhibited penitence; but Kingsmill and Perrin -insisted that they had not been guilty of any robbery, because they -only took the goods that once belonged to them. Perrin’s body was -directed to be given to his friends, and he was lamenting the fate of -his associates, when Fairall said: “We shall be hanging up in the sweet -air, when you are rotting in your grave;” and the night before his -execution,<span class="pagenum" id="Page_253">[253]</span> Fairall kept smoking with his friends till he was ordered -by his keeper to go to his cell, when he exclaimed: “Why in such a -hurry, cannot you let me stay a little longer with my friends? I shall -not be able to drink with them to-morrow night.” Kingsmill was only -twenty-eight and Fairall only twenty-five years of age, at the time of -their trial.</p> - -<p>Glover was pardoned; the other three were hung at Tyburn on April 26, -1749, and the body of Fairall was hung in chains on Horsendown Green, -and Kingsmill’s on Goudhurst Gore.</p> - -<p>This most formidable gang was thus broken up; but Horace Walpole’s -letter of August 5, 1752, and the diary of Walter Gale,<a id="FNanchor_80" href="#Footnote_80" class="fnanchor">[80]</a> show that -to Sussex men, the profits of the illicit trade were too great a -temptation to allow it to be given up.</p> - -<p>The habit of smuggling, wrecking<a id="FNanchor_81" href="#Footnote_81" class="fnanchor">[81]</a> and privateering led to -perpetration of many other crimes; amongst others, to a revival of -those acts of piracy which disgraced the Cinque Ports in the thirteenth -century.<a id="FNanchor_82" href="#Footnote_82" class="fnanchor">[82]</a></p> - -<p>On Aug. 11, 1758, Nicholas Wingfield and Adams Hyde, of Hastings, -masters of two privateer cutters, piratically boarded the Danish ship -“Der Reisende Jacob,” on board of which was the Marquis Pignatelli, -Ambassador Extraordinary from his Catholic Majesty to the Court of -Denmark; assaulting Jurgan Muller,<span class="pagenum" id="Page_254">[254]</span> the master of the vessel, and -stealing twenty casks of butter. The Lords of the Admiralty offered -a reward of 500<i>l.</i> Nicholas Wingfield and Adams Hyde, with -four others, having been betrayed by some of their accomplices, were -arrested; and on Jan. 15, 1759, were brought under a strong guard -of soldiers, and lodged in the Marshalsea. They were tried at the -Admiralty sessions, March 9, 1759, when Nicholas Wingfield and Adams -Hyde were found guilty; and on the 28th of the same month, were hung -at Execution Dock. The four others were acquitted. The punishment did -not operate as a sufficient warning to the Hastings men. For seven -years a gang known as Huxley’s crew, most of whom lived at Hastings, -boarded and robbed several of the ships coming up the Channel; and in -particular in 1768, they boarded a Dutch homeward-bound hoy, called -“The Three Sisters,”<a id="FNanchor_83" href="#Footnote_83" class="fnanchor">[83]</a> Peter Bootes, commander, about two leagues -from Beachy Head, and chopped the master down the back with an axe. -In November, 1768, the Government sent a detachment of two hundred of -the Inniskilling Dragoons to Hastings, to arrest the men, who had been -betrayed by their bragging to one another how the Dutchman wriggled -when they had cut him on the backbone; and a man-of-war and cutter lay -off Hastings to receive the men.<a id="FNanchor_84" href="#Footnote_84" class="fnanchor">[84]</a> The soldiers had strict orders -not to allow<span class="pagenum" id="Page_255">[255]</span> their mission to be known; but the day after their -arrival, the Mayor (who was supposed to have aided in the evidence) -was assaulted in the town, because he would not tell what the soldiers -came for; the soldiers were thereupon called out, and several arrests -made of parties, who were conveyed to the Marshalsea. At the Admiralty -sessions holden on Oct. 30, 1869, Thomas Phillips, elder and younger, -William and George Phillips, Mark Chatfield, Robert Webb, Thomas and -Samuel Ailsbury, James and Richard Hyde, William Geary, alias Justice, -alias George Wood, Thomas Knight and William Wenham, were indicted for -the piracy of “The Three Sisters,” and capitally convicted; and of -these Thomas Ailsbury, William Geary, William Wenham, and Richard Hyde -were hung at Execution Dock, Nov. 27.</p> - -<p>So great was the panic occasioned by these arrests, that a shop-keeper, -reported to be worth £10,000, absconded on information of having bought -goods of the smugglers.<a id="FNanchor_85" href="#Footnote_85" class="fnanchor">[85]</a></p> - -<p>In 1779 it became necessary to pass another act against smuggling; -and, in a pamphlet making the new law known,<a id="FNanchor_86" href="#Footnote_86" class="fnanchor">[86]</a> it is stated that the -practice of smuggling had made such rapid strides from the sea-coasts -into the very heart of the country, pervading every city, town, and -village, as to have brought universal distress on the fair dealer; -that the greater part of the 3,867,500 gallons distilled annually at -Schiedam, was to be smuggled into England; that a distillery had<span class="pagenum" id="Page_256">[256]</span> -lately been set up for making Geneva, for the same purpose, at Dunkirk; -that the French imported five or six millions of pounds of tea, the -greatest part of which was to be smuggled here;<a id="FNanchor_87" href="#Footnote_87" class="fnanchor">[87]</a> that the trade -of Dunkirk (where, and at Flushing, the Sussex smugglers, so late as -thirty years since, had regular resident agents) was mostly carried on -by smugglers, in vessels not only large, but so well constructed for -sailing, that seldom one of them was captured; that in many places near -the sea, the farmer was unable to find hands to do his work, whilst -great numbers were employed in smuggling goods from one part of the -country to another; and that the smugglers paid for what they bought in -cash, or by the illicit exportation of English wool, no other articles -of any consequence being carried abroad by them.</p> - -<p>Although the illicit trade in the bulky article of wool came to an end -with the commencement of the war of 1793, yet the trade in tea, silks, -tobacco, and spirits continued; and, after the close of the war, was -largely carried on. By degrees, tea was not easily got, and the duty on -silks left little profit to the smuggler. Spirits increased in value, -by being some forty per cent. over proof, and tobacco still, however, -gave a profitable return, and lives were freely risked.<a id="FNanchor_88" href="#Footnote_88" class="fnanchor">[88]</a></p> - -<p>In such a society as the Sussex, it would be improper to enter into -any details which might involve the characters of persons still alive; -but I may glance briefly at some of the encounters which have taken -place within my own time. The trial for murder, and<span class="pagenum" id="Page_257">[257]</span> conviction at -Horsham, on March 28, 1821, of George England, a preventive man, for -shooting Joseph Swaine, a fisherman of Hastings, in a scuffle, is in -the recollection of many fishermen still alive there. On Feb. 11th, -in the next year, three hundred smugglers went to Crow Link, near -Eastbourne, to land a cargo, but were stopped by a signal from the -sentinel; four nights afterwards, they landed at Cliff Point, Seaford, -three hundred half-ankers, losing only sixty-three and a horse. On the -13th, they attacked the sentinel at Little Common with bats;<a id="FNanchor_89" href="#Footnote_89" class="fnanchor">[89]</a> he, -however, shot a smuggler with his pistol; the boat made sail from the -land, and a coach-and-six, which was waiting at the back of the beach, -drove off empty to Pevensey. In September, 1824, a run was attempted -to Bexhill, when seven smugglers, with one hundred tubs of spirits, -were taken; and one of the blockade-men, named Welch, having jumped -into the boat, the smugglers pulled off with him, and his dead body was -found on the sands in the morning, with the head and face bruised and -lacerated. In May, 1856, a smuggling galley, chased by a guardboat, ran -ashore near the mouth of Rye Harbour, and opened fire on the guard. The -blockade-men from Camber watch-house came to the spot and seized one of -the smugglers, when a body of not less than two hundred armed smugglers -rushed from behind the sandhills, commenced a fire on the blockade, -killing one and wounding another, but were ultimately driven off with -the capture of their galley, carrying off, nevertheless, their wounded. -On another occasion, four or five smugglers were killed whilst swimming -the military canal at Pett-horse Race, having missed the spot where<span class="pagenum" id="Page_258">[258]</span> -it was fordable. On April 13, 1827, about twenty smugglers went down -to the eastward of Fairlight; a struggle ensued; the smugglers wrested -some muskets from the blockade-men, beat them with the butt-ends, and -ran one through with a bayonet; the smugglers at length retreated, -leaving one of their number dead; another was found afterwards, having -been apparently dropped by the smugglers; a third, some distance on the -way to Icklesham, the body scarcely cold; the rest of the wounded men -were carried off by their companions; and I have been informed that -one of the party alone carried one of his fellows on his back, from -the scene of the conflict at Fairlight to his residence at Udimore, a -distance of six miles at least.</p> - -<p>Another, and nearly the last of these bloodsheddings, took place on -Jan. 3, 1828, near Bexhill. A lugger landed between that village and -the little public-house at Bo-peep; a party of smugglers, armed with -bats, rushed to the beach, landed the cargo, and made off with it in -carts, on horses, and on men’s backs straight to Sidley Green; here -they were come up with by the blockade, reinforced to about forty men; -the armed portion of the smugglers drew themselves up in a regular -line, and a desperate fight took place. The smugglers fought with such -determination and courage that the blockade-men were repulsed, after -many had been severely bruised and the Quartermaster Collins killed. In -the first volley fired by the blockade, an old smuggler named Smithurst -was killed; his body was found the next morning, with his bat still -grasped in his hands, the weapon being almost hacked in pieces by the -cutlasses and bayonets of the blockade-men. Here again, as was their -invariable habit, the smugglers carried safely away all their wounded.</p> - -<p><span class="pagenum" id="Page_259">[259]</span></p> - -<p>At the spring assizes at Horsham, in 1828, Spencer Whiteman of -Udimore, Thomas Miller, Henry Miller, John Spray, Edward Shoesmith, -William Bennett, John Ford and Stephen Stubberfield, were indicted -for assembling armed on this night, for purposes of smuggling, and -were removed for trial to the Old Bailey, where, on April 10, they all -pleaded guilty; as did Whiteman, Thomas Miller, Spray, Bennett and -Ford, together with Thomas Maynard and Plumb, for a like offence on -Jan. 23, 1828, at Eastbourne. Sentence of death was passed on all, but -the punishment was commuted to transportation. They were, with three -exceptions, young men under thirty years of age.</p> - -<p>Other, but minor affrays took place on Jan. 3, 1831, two miles east -of Hastings, when two of the smugglers, William Cruttenden and Joseph -Harrold, were shot dead; on Feb. 22, 1832, at Worthing, between two -hundred and three hundred men there assembled, when one William -Cowardson was shot dead, and several more were carried away wounded; -and on January 23, 1833, at Eastbourne, when the smugglers, having -killed the chief boatman, George Pitt, formed two lines on each side -till the cargo was run, and then left—not, however, without having -several of their party wounded; but on no one of these occasions was -any of the gang discovered. The last occasion on which a life was -sacrificed was on April 1, 1838, when Thomas Monk, a poor fiddler -of Winchelsea, was shot by the coast-guard, in an affray at Camber -Castle.<a id="FNanchor_90" href="#Footnote_90" class="fnanchor">[90]</a></p> - -<p>The Abbey ruins, the dismantled Castles,<a id="FNanchor_91" href="#Footnote_91" class="fnanchor">[91]</a> the<span class="pagenum" id="Page_260">[260]</span> “haunted” houses, -were all used without interruption by the smugglers, as depositories -for their goods. I have been present, in a house at Rye, when silks, -for sale, were mysteriously produced from their hidingplaces; and -it was the custom of the farmers, in that neighbourhood, to favour -the smugglers so far as to allow the gates in the fields to be left -unlocked at night; and to broach, without a scruple, the half-anker of -Schiedem, which was considerately left in some hayrick or out-house, in -acknowledgment of the farmer’s accommodating and kindred spirit.</p> - -<hr class="tb" /> - -<div class="blockquot"> - -<p class="hangingindent"><i>The following is taken from an interesting article, entitled, -“Extracts from the Journal of Walter Gale, schoolmaster at -Mayfield” (“Sussex Archæological Collections,” 1857, pp. -194–5).</i></p> -</div> - -<p>“‘10th March.—Being disappointed of my Bourn journey, I set out for -Laughton after drinking a quartern of gin, and came to Whitesmith’s, -where was a hurley bolloo about Mr. Plummer’s (now a custom-house -officer) having seized a horse loaded with three anchors of brandy, -which was carried off by him and two soldiers, and afterwards stabled -at Parish’s; John Willard and Wm. Bran being there, followed and -overtook them, and prevailed with them to go back. Parish took the -seized horse and put it into Martin’s stable.’</p> - -<p><span class="pagenum" id="Page_261">[261]</span></p> - -<p>“Two years only before this occurred, a special commission, at the head -of which that great judge, Sir Michael Forster, presided, had been sent -to Chichester to try seven smugglers for the murder of two custom-house -officers under circumstances of atrocity too horrible to be related. -They were convicted, and, with the exception of one who died the night -before the execution, they were all executed and hanged in chains in -different parts of Sussex. A company of foot guards and a troop of -horse attended to prevent all chances of rescue, so thoroughly were the -feelings of great numbers of the people enlisted on the side of the -smugglers. Seven more were tried and convicted at the following assizes -at East Grinstead for the barbarous murder of a poor fellow named -Hawkins (who was suspected of giving information against them, and who -was literally flogged to death), and for highway robbery. Six of them -were executed. Most of them belonged to the celebrated Hawkhurst gang, -who were the terror of the counties of Kent and Sussex. Three more were -tried at the Old Bailey for joining with sixty others in breaking open -the custom-house at Poole, and taking away a quantity of tobacco which -had been seized and deposited there. They were executed at Tyburn. The -place called Whitesmith’s was celebrated for its nest of smugglers -long after this time. It has been stated, by a person who took the -office of overseer of a neighbouring parish about forty years ago, that -one of the outstanding debts of the previous year was due to —— of -Whitesmith, a well-known smuggler, for “two gallons of gin to be drunk -at the vestry”!</p> - -<p>“There were places of deposit for the smuggled goods, most ingeniously -contrived, in various parts of Sussex. Among others, it is said, was -the manorial pound at<span class="pagenum" id="Page_262">[262]</span> Falmer, under which there was a cavern dug, -which could hold 100 tubs of spirits; it was covered with planks, -carefully strewed over with mould, and this remained undiscovered for -years.</p> - -<p>“In the churchyard at Patcham there is an inscription on a monument, -now nearly illegible, to this effect:—</p> - - <div class="poetry-container"> -<h3 class="larger"><b>Sacred to the Memory</b></h3> -<h4 class="smcap">Of Daniel Scales, who was unfortunately shot on<br /> -Thursday evening, Nov. 7th, 1796.</h4> - - <div class="poetry"> - <div class="stanza"> - <div>Alas! swift flew the fatal lead,</div> - <div>Which pierced through the young man’s head.</div> - <div>He instant fell, resigned his breath,</div> - <div>And closed his languid eyes in death.</div> - <div>All you who do this stone draw near,</div> - <div>Oh! pray let fall the pitying tear.</div> - <div>From this sad instance may we all</div> - <div>Prepare to meet Jehovah’s call.</div> - </div> - </div> - </div> - -<p>“The real story of his death is this. Daniel Scales was a desperate -smuggler, and one night he, with many more, was coming from Brighton, -heavily laden, when the excise officers and soldiers fell in with -them. The smugglers fled in all directions; a riding-officer, as they -were called, met this man, and called upon him to surrender his booty, -which he refused to do. The officer, to use the words of the editor’s -informant, a very respectable man and neighbour, who in early life was -much engaged in such transactions, knew that ‘he was too good a man for -him, for they had tried it out before; so he shot Daniel through the -head.’”</p> - - -<div class="footnotes"><h3>FOOTNOTES:</h3> - -<div class="footnote"> - -<p><a id="Footnote_1" href="#FNanchor_1" class="label">[1]</a> Jackson was so ill that he was obliged to be brought in a -chair; and likewise was permitted to have a chair, and sat during the -time of both his trials.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_2" href="#FNanchor_2" class="label">[2]</a> Chater, as well as Galley, was tied on the same horse, and -in the same manner with him, yet in the indictment it only mentioned -the name of Galley.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_3" href="#FNanchor_3" class="label">[3]</a> There were sixteen in the whole, with Race and Steel, the -two admitted evidence for the King.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_4" href="#FNanchor_4" class="label">[4]</a> In the former part of this account we called his name -Dimer otherwise Diamond, for he was as frequently called by the one as -the other, but as he was named by the counsel Dimer, we shall keep to -that name where he was so called.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_5" href="#FNanchor_5" class="label">[5]</a> Mr. Banks omitted here speaking of his calling first on -Mr. Holton in the village of Havant, but that will appear in its proper -place.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_6" href="#FNanchor_6" class="label">[6]</a> The other five prisoners were not at Rowland’s Castle, so -that Mr. Austin could have no knowledge of them.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_7" href="#FNanchor_7" class="label">[7]</a> The name of the place is Goodthrop Dean, a little village.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_8" href="#FNanchor_8" class="label">[8]</a> The witness was not certain whether it was John Mills, or -his brother Richard Mills, that made the proposal.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_9" href="#FNanchor_9" class="label">[9]</a> This Stringer is Thomas Stringer, who stands indicted as a -principal in the murder of Daniel Chater, but is not yet taken.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_10" href="#FNanchor_10" class="label">[10]</a> Little Harry is Henry Sheerman, who was condemned at -the last assizes at East Grinstead for the county of Sussex, for the -murder of Galley; and stood also indicted for the murder of Chater, but -was tried only on the first indictment. He was executed at Rake, near -where Galley was buried, and there hung in chains. An account of him at -his trial, under condemnation, and at the place of execution, will be -inserted in the following pages.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_11" href="#FNanchor_11" class="label">[11]</a> This John Mills is the same person as went by the name of -Smoker, who was condemned at the last assizes at East Grinstead, for -the county of Sussex, for the cruel murder of Richard Hawkins, and is -hung in chains near the Dog and Partridge on Slindon Common; and whose -trial follows this account of the seven condemned at Chichester.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_12" href="#FNanchor_12" class="label">[12]</a> This is the John Mills, since executed and hung in chains -on Slindon Common, Sussex, for the murder of Richard Hawkins, and of -whom we shall give a particular account.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_13" href="#FNanchor_13" class="label">[13]</a> Notwithstanding James Reynolds was acquitted of the -murder, yet as it appeared very plain that he concealed the murder, -by knowing the same had been committed by the prisoner and the others -who stand indicted for the same; as being present at the consultation -for concealing the murder, and of burying the dead body, and advising -therein, and his wife also being present, they are both indicted for -the same, and are to be tried at the next assizes.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_14" href="#FNanchor_14" class="label">[14]</a> He was executed on a gibbet, erected on purpose, on -Slindon Common, near the Dog and Partridge, and afterwards hung in -chains on the same gibbet.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_15" href="#FNanchor_15" class="label">[15]</a> This Shoemaker Tom had been a notorious smuggler, but -no murder being charged against him, he was by the court admitted on -evidence.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_16" href="#FNanchor_16" class="label">[16]</a> Willis and Stringer stand both indicted for the murder of -Galley and Chater.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_17" href="#FNanchor_17" class="label">[17]</a> Edmund Richards also stands indicted for being concerned -in the murder of Galley and Chater.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_18" href="#FNanchor_18" class="label">[18]</a> Henry III. had been advised to permit the export to -Holland and Brabant, at a duty of 5 marks to the sack; and it was -calculated that this duty, willingly paid, would yield 110,000 marks -(£66,333 13s. 4d.), implying an export of 22,000 sacks, in six months. -Blaauw’s “Barons’ War,” Ap., p. 2.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_19" href="#FNanchor_19" class="label">[19]</a> “Rot. Hun.,” ii., pp. 203–209.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_20" href="#FNanchor_20" class="label">[20]</a> Rymer’s “Fœd.” (1821), ii., p. 944.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_21" href="#FNanchor_21" class="label">[21]</a> In 1340 the greatest store of wool was conveyed by -stealth. John Smith’s “Memoirs of Wool,” 2 vols., 8vo, 1747, vol. i., -p. 80.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_22" href="#FNanchor_22" class="label">[22]</a> Rymer’s “Fœd.,” ii., p. 1158.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_23" href="#FNanchor_23" class="label">[23]</a> A sack was to contain twenty-six stones of fourteen lbs. -each, or 364 lbs.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_24" href="#FNanchor_24" class="label">[24]</a> Prynne’s “Records,” 37 Edward III.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_25" href="#FNanchor_25" class="label">[25]</a> “Rot. Parl.,” iii., p. 497.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_26" href="#FNanchor_26" class="label">[26]</a> Act 2 Henry VI., c. 4.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_27" href="#FNanchor_27" class="label">[27]</a> Act 15 Henry VI., c. 8.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_28" href="#FNanchor_28" class="label">[28]</a> “Rot. Parl.,” v., p. 274.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_29" href="#FNanchor_29" class="label">[29]</a> Acts 5 and 6 Edward VI., c. 6.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_30" href="#FNanchor_30" class="label">[30]</a> MSS. State Paper, Lemon, pp. 4, 5. A weaver is among the -victuallers of Rye, 1626, Dom., 44.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_31" href="#FNanchor_31" class="label">[31]</a> Ibid., p. 37.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_32" href="#FNanchor_32" class="label">[32]</a> Ibid., p. 161.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_33" href="#FNanchor_33" class="label">[33]</a> By the Act 27 Henry VIII., c. 15, they had acquired the -sole right of buying wool in Sussex and twenty-seven other counties.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_34" href="#FNanchor_34" class="label">[34]</a> MSS. State Paper, Domestic, Lemon, p. 168.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_35" href="#FNanchor_35" class="label">[35]</a> Ibid., p. 199.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_36" href="#FNanchor_36" class="label">[36]</a> MSS. State Paper, Domestic, Lemon, p. 456.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_37" href="#FNanchor_37" class="label">[37]</a> Ibid., p. 550.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_38" href="#FNanchor_38" class="label">[38]</a> Ibid., p. 554.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_39" href="#FNanchor_39" class="label">[39]</a> It was prohibited, without license, by proclamation, July -20, 1622.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_40" href="#FNanchor_40" class="label">[40]</a> Fuller’s Earth was found at Nutley Common, in Sussex.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_41" href="#FNanchor_41" class="label">[41]</a> “The Golden Fleece,” by W. S. Gent, 1656, p. 67.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_42" href="#FNanchor_42" class="label">[42]</a> “England’s Interest Asserted,” 1669, p. 17.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_43" href="#FNanchor_43" class="label">[43]</a> “England’s Interest in Trade Asserted,” by W. C., 1671.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_44" href="#FNanchor_44" class="label">[44]</a> Joseph Trevers, in 1675, says (p. 40):—“It is well -known that smugglers are not of meanest persons in the places where -they dwell, but have oftentimes great interest with the magistrates; -and, being purse-proud, do not value what they spend to ingratiate -themselves with persons of authority, to distrust all such as discover -their fraudulent dealings, or else by bribes to stop their mouths.... -The smugglers are not only well acquainted with some attorneys and -clerks, but they make good interest with the under sheriffs in the -counties where they drive their trade; and these have strange tricks -and delays in their returns, in which some of them will take part with -the offenders, instead of executing the law against them.”</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_45" href="#FNanchor_45" class="label">[45]</a> “Letter from a Younger Brother in Ireland to an Elder -Brother in England.” Published anonymously, 1677.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_46" href="#FNanchor_46" class="label">[46]</a> 7 and 8 William III., c. 28.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_47" href="#FNanchor_47" class="label">[47]</a> 9 and 10 William III., c. 40, secs. 2 and 3.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_48" href="#FNanchor_48" class="label">[48]</a> “An abstract of the proceedings of W. Carter: being a -plea to some objections urged against him,” 1694.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_49" href="#FNanchor_49" class="label">[49]</a> Wool smugglers were called “owlers.”</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_50" href="#FNanchor_50" class="label">[50]</a> Treasury Papers: Customs. Rolls House.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_51" href="#FNanchor_51" class="label">[51]</a> Smith’s “Memoirs of Wool,” ii., p. 166.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_52" href="#FNanchor_52" class="label">[52]</a> London, 4to, p. 45.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_53" href="#FNanchor_53" class="label">[53]</a> 4 George I., c. 11.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_54" href="#FNanchor_54" class="label">[54]</a> “The Golden Fleece,” 1736.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_55" href="#FNanchor_55" class="label">[55]</a> 12 George II., c. 21.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_56" href="#FNanchor_56" class="label">[56]</a> In 1770 only thirty-two pounds of wool were seized; in -1780 there were 12,383 lbs.; and in 1782 there were 13,916 lbs. seized.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_57" href="#FNanchor_57" class="label">[57]</a> See Lord Macaulay’s “History of England,” vol. iv., p. -650.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_58" href="#FNanchor_58" class="label">[58]</a> Egerton MS., 929, p. 38.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_59" href="#FNanchor_59" class="label">[59]</a> A custom as early, at least, as the time of Elizabeth. -See “Sussex Archæological Collections,” vol. v., pp. 195, 196.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_60" href="#FNanchor_60" class="label">[60]</a> Treasury Papers: Customs. Rolls House.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_61" href="#FNanchor_61" class="label">[61]</a> Egerton MS. 929, fol. 40.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_62" href="#FNanchor_62" class="label">[62]</a> <i>Ex. inf.</i> Miss Ann Durrant, æt. 89, 1858.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_63" href="#FNanchor_63" class="label">[63]</a> Notorious instances of riots and assaults in running tea -and other goods.—Customs: Rolls House.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_64" href="#FNanchor_64" class="label">[64]</a> Letter of Francis Briggs, July 26, 1733.—Customs: Rolls -House.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_65" href="#FNanchor_65" class="label">[65]</a> Notorious instances, &c.—Ibid.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_66" href="#FNanchor_66" class="label">[66]</a> Treasury Papers.—Customs: Rolls House.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_67" href="#FNanchor_67" class="label">[67]</a> The Family names will be familiar to many in our own day -as very active, bold men.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_68" href="#FNanchor_68" class="label">[68]</a> Another well-known name.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_69" href="#FNanchor_69" class="label">[69]</a> “Gentleman’s Mag.,” vol. xiv., p. 334.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_70" href="#FNanchor_70" class="label">[70]</a> King’s “Pamphlets,” Brit. Mus., Lond., 1751, p. 13.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_71" href="#FNanchor_71" class="label">[71]</a> Dearn’s “Weald of Kent,” 8vo, Cranbrook, 1814, p. 100.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_72" href="#FNanchor_72" class="label">[72]</a> My great grandfather, Wm. Durrant, afterwards of -Lamberhurst and Boreham, M.D., was at that time resident with Mr. -Hunt, a surgeon in the town; and (like Mr. James, in his novel of “The -Smuggler”) laid the scene of the attack at Goudhurst Church.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_73" href="#FNanchor_73" class="label">[73]</a> “General” Sturt was for some time prior to his death -master of the poorhouse of Cranbrook. See also “Gent. Mag.” vol. iv., -p. 679.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_74" href="#FNanchor_74" class="label">[74]</a> The tea was 41¾ cwt., packed in canvas and oilskin bags; -and thirty-nine casks of spirits, slung with ropes, in order to be -loaded on horses.—“History,” p. 132.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_75" href="#FNanchor_75" class="label">[75]</a> He had been arrested and sent to London by James Butler, -Esq., near Lewes, but escaped and rejoined his companions. It was -proposed to burn down Mr. Butler’s house; but that not meeting with -general assent, Fairall, Kingsmill, and others of the gang determined -to waylay him, near his own park, and shoot him; but, by accident, he -did not return home that night, and the matter becoming known, a watch -was kept, and the design laid aside.—“History,” p. 147.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_76" href="#FNanchor_76" class="label">[76]</a> Trial of Benjamin Tapner and others, at Chichester, -January, 1749.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_77" href="#FNanchor_77" class="label">[77]</a> “A Full and Genuine History of the inhuman and -unparalleled Murders of Mr. William Galley, a Custom-house Officer, -and Mr. Daniel Chater, a shoemaker, by Fourteen Notorious Smugglers; -with the Trials and Execution of Seven of the Bloody Criminals, at -Chichester.” Written by a Gentleman of Chichester. Fifth Edition, 8vo. -London: W. Clowes, 20 Villiers Street, Strand. <span class="allsmcap">N.D.</span></p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_78" href="#FNanchor_78" class="label">[78]</a> Ibid., p. 32. The judges set out from London on Friday, -Jan. 13th, and arrived at the Duke of Richmond’s house, at Godalming, -that evening. The next day they set out for Chichester, and were -met by the Duke at Midhurst; and he entertained them with a dinner -at his “hunting house,” near Charlton. They reached the Bishop’s -Palace at Chichester, at five that evening. The report that they were -guarded there and back by a party of horse is erroneous; the judges, -counsellors and principal officers were in six coaches, each drawn by -six horses.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_79" href="#FNanchor_79" class="label">[79]</a> See p. 131 of the same work as referred to on previous -page.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_80" href="#FNanchor_80" class="label">[80]</a> “Sussex Archæological Collections,” vol. iv., p. 185; -vol. ix., p. 194.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_81" href="#FNanchor_81" class="label">[81]</a> Congreve, in his Epilogue to “The Mourning Bride,” -alludes to this habit of the Sussex men. See also “A Descriptive -Narrative of the Wreck of the Nympha Americana, near Beachy Head,” Nov. -29th, 1747, with the tailpiece by Mr. J. H. Hurdis; Lewes: Lee and Co., -1840.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_82" href="#FNanchor_82" class="label">[82]</a> “History of Winchelsea,” p. 18.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_83" href="#FNanchor_83" class="label">[83]</a> The usual method was to go alongside, under the pretence -of trading; they frequently mastered the crew, clapped them under the -hatches, and then plundered, and afterwards scuttled the ship.—“Public -Advertiser,” 5 Nov. 16, 1768.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_84" href="#FNanchor_84" class="label">[84]</a> The man who had given information had arrested one of -the gang, upon which the others swore they would murder the informant, -unless their colleague was released.—“Public Advertiser.”</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_85" href="#FNanchor_85" class="label">[85]</a> “Public Advertiser,” Nov. 10, 1768.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_86" href="#FNanchor_86" class="label">[86]</a> “Advice to the Unwary,” 1780. The well-known “Smugglers’ -Act” was passed in 1736: it was modified in 1779 and 1784; and a review -of all the statutes relating to the subject was made January 5, 1826.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_87" href="#FNanchor_87" class="label">[87]</a> When Pitt first lowered the tea-duty, it was averred -that the smuggler was so great a rival with the open trader, that the -tea-trade was then shared between them nearly equally.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_88" href="#FNanchor_88" class="label">[88]</a> For epitaph in Patcham Churchyard on Daniel Scales, a -smuggler shot on Nov. 7, 1796, see p. 262 of this work.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_89" href="#FNanchor_89" class="label">[89]</a> Thick ash-poles, about six feet long.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_90" href="#FNanchor_90" class="label">[90]</a> “Ex. inf.” E. N. Dawes, Esq., Deputy Coroner.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_91" href="#FNanchor_91" class="label">[91]</a> Addison’s play of “The Drummer” was founded on the -scheme of a French gardener, to conceal the doings of the smugglers at -Hurstmonceux Castle.</p> - -</div> -</div> - - -<p class="transnote">Transcriber’s Note:<br /> - - 1. Original spelling has been retained.<br /> - - 2. Obvious printer errors have been corrected, except the spelling in -the handwritten captions to the illustrations.<br /> - - 3. Hyphenated and non-hyphenated versions of the same words have been -retained as in the original. -</p> - -<div style='display:block; margin-top:4em'>*** END OF THE PROJECT GUTENBERG EBOOK SMUGGLING & SMUGGLERS IN SUSSEX ***</div> -<div style='text-align:left'> - -<div style='display:block; margin:1em 0'> -Updated editions will replace the previous one—the old editions will -be renamed. -</div> - -<div style='display:block; margin:1em 0'> -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ -concept and trademark. 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