But we having perus'd the following Tryals do certify, that the Substance of the Evidence given by the several Witnesses is faithfully taken. And that upon the whole, this Account of the Proceedings under the Commissions is in Substance true.
HELD AT CHICHESTER, the 16th, 17th, and 18th Days of January last;
CONTAINING The Trials of William Jackson , William Carter , Benjamin Tapner , John Cobby , John Hammond , Richard Mills , sen. and Richard Mills , jun. his Son, for the Murder of William Gally and Daniel Chater .
To which is added, An APPENDIX, Containing an authentick Account of the Behaviour of the several Malefactors, before and at the Place of Execution.
Printed for C. DAVIS, in Holborn; A. MILLAR, in the Strand; and M. COOPER, in Pater-noster-Row. 1749.
[Price One Shilling and Sixpence.]
Special Commissions of Oyer and Terminer, and Gaol Delivery, for the County of Sussex, held at Chichester, &c.
ON Monday the 16th of January, 1748. The Commission was opened, and the Commissioners Names called over, of whom were present,
His Grace the Duke of RICHMOND,
Mr Justice Foster,
Mr Justice Birch.
Being Sworn of the Grand Jury, Mr Justice Foster, spoke to them as follows,
It must certainly give great Satisfaction to every Man, who has a due Concern for the Peace of the Kingdom, and the Honour of His Majesty's Government, to see so numerous an Appearance of Persons of great Rank and Fortune attending the present Service. For without a vigorous, steady, and impartial Administration of Justice, the Ends of Government will be totally defeated.
And what are the Ends of Government? They undoubtedly are, the Welfare of the whole Community, and the Happiness of every single Man in it: as far as the Happiness of Individuals is consistent with the welfare of the whole.
These are the great Ends of Government. And it is very certain, they cannot be obtain'd without a due Execution of the Law upon Offenders of all kinds.
And it is no inconsiderable Instance of the Wisdom of our Law, that the Opportunities of bringing Offenders to Justice are as frequent, as the Nature of the Case, in the ordinary course of Things, seems to require. Justice is, as it were, brought Home to every Man's Door twice in the Year, at the stated Returns of the Circuits.
By this measure, two very wise and salutary Purposes are at once served. The Prosecution is ordinarily commenc'd and finish'd while Things are recent, while Facts and Circumstances are fresh in Memory, and while Witnesses may be presum'd to remain under a proper Impression. And, on the other hand, the Person who is the Object of the Prosecution, hath an early Opportunity given to him of clearing up his Innocence, if it shall happen to be his Case.
It were to be wish'd, that these stated Seasons had been at all Times found sufficient to satisfy the demands of publick Justice. But the History of former Times informs us that they have not; and our own Experience convinces us, that they are not at present sufficient for that purpose.
For what has been the case of this, and of some of the neighbouring Counties for many, too many, Years past? Dangerous Confederacies have been form'd, for very unwarrantable, very wicked Purposes; for robbing the Publick of that Revenue which is absolutely necessary to it's Support; and for defeating the fair Trader in his just Expectations of Profit. These, to mention no more, are the necessary unavoidable consequences of the Practice, which now goes under the general Name of Smuggling.
And however Persons may palliate the matter to themselves or others, I wish every Man who hath been directly or indirectly concern'd in this Practice, would lay his Hand on his Heart and put this Question to himself, Wherein lies the real difference, (I speak now of a difference in Foro Conscientice ) wherein lies the real difference, between this sort of Robbery, and the Crime which usually goes under that Demomination?
But this is not all, This wicked Practice hath been supported by an armed Force. By numbers of dissolute People assembled together, and acting in open Day-light; in Defiance of all the Law, and all the Justice of their Country; and to the Terror of His Majesty's peaceable Subjects.
These Things loudly call for the Animadversion of the Publick. They have been humbly represented to His Majesty. And His Majesty out of His Royal Concern for the Welfare of his People, the Ruling Principle which guides an animates his whole Conduct, hath been pleas'd to intrust us, with his Special Commissions of Oyer and Terminer and Gaol Delivery for this County.
Our Commissions do not extend to all the Crimes which are cognizable under the general Commissions which are executed in the Circuit. They are consin'd to the Offences of Murder, Manslaughter, and other Felonies, and to the Accessaries to those Offences: But as far as they do extend, they are just of the same nature as the Circuit Commissions. The same Law, the same method of Tryal, and the same Rules of Evidence, are to take Place in these as do in those.
Gentlemen, I shall have no occasion to enter into the several Distinctions between the Offences of Murder, and what we commonly call Manslaughter; because those Distinctions are grounded on Circumstances, which possibly may have no Place in your present Inquiry.
It is sufficent to say, that wherever it appears that the Fact was committed with any degree of Deliberation, and especially where it is attended with Circumstances of Cruelty, the usual distinctions between Murder and Manslaughter can never take Place. The Fact is, in the Eye of the Law, willful Murder of Malice prepense. And it involves every Person concern'd, as well those who are barely present, aiding and abetting, as those who actually commit the Fact, in the same degree of Guilt.
For where Numbers of People engage in any felonious Design, either for Murder, Robbery, or any other Felony, every Person so engag'd, and present, aiding and abetting the Fact, is consider'd 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, Encouragement, and Security to all the rest. And conseqnently the Fact is consider'd in the Eye of the Law, and of found Reason too, as the Act of the whole Party, tho' it be perpetrated perhaps by the Hands of one. He is consider'd as 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, such a Presence as would make him an Eye or an Ear Witness of what passes.
For an Accomplice may be involv'd in the Guilt of the rest, tho' 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 Surprize, or to favour the Escape of those who are more immediately
And so much doth the Law abhor Combinations of this Kind, especially where innocent Blood is shed, that a Man may in Judgment of Law be involv'd in the Guilt of Murder, when possibly his Heart abhorred the Thoughts of it.
For if Numbers of People assemble in Prosecution of any 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 general Term of Smuggling, with a Resolution to resist all Opposers (and the riding with Fire-Arms 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 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 farther 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.
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 in this Place, and upon this Occasion, I thought it not improper to enlarge on some Points. That People may see, and consider in Time, 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 far short of that Crime.
After which the Bills being delivered to the Grand Jury the Court adjourned.
Tuesday, 17 January, 1748.
The Grand Jury returned the Bills found into Court, upon which Benjamin Tapner , John Cobby , John Hammond , William Jackson , Richard Mills the elder, Richard Mills the younger, and William Carter , were set to the Bar, and arraigned upon an Indictment for the Murder of Daniel Chater ; the three first named as Principals in the Murder, and the four last as Accessaries before the Fact.
The Indictment sets forth in Substance, That Benjamin Tapner , John Cobby , and John Hammond , together with Thomas Stringer and Daniel Perryer , not yet taken, not having the Fear of God before their 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 and 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 their Malice aforethought, did make an Assault; and that he the said Benjamin Tapner , a certain Cord or Rope made of Hemp, of the Value of Sixpence, which he the said Benjamin Tapner had then and there in his Hands, about the Neck of him the said Daniel Chater , then and there with Force and Arms, feloniously, wilfully, and out of his Malice aforethought, did put, bind, and fasten; and that he 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 his Malice aforethought, did choak and strangle, of which said choaking and strangling of him the said Chater, in manner aforesaid, he the said Chater did then and there instantly die. And that they the said John Cobby , John Hammond , &c. 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 their Malice aforethought, were present, aiding, abetting, comforting, assisting, 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 soBenjamin Tapner , John Gobby , John Hammond , Stringer and Perryer, the said Daniel Chater in Manner and Form aforesaid, then and there with Force and Arms, feloniously, wilfully, and out of their Malice aforethought, did kill and murder against his Majesty's Peace, his Crown and Dignity. - Further sets forth, That 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 , Stringer and Perryer, in Manner and Form aforesaid, feloniously, wilfully, and out of their 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 , Stringer and Perryer, the Felony and Murder aforesaid, in Manner and Form aforesaid, feloniously, wilfully, maliciously, and out of their Malice aforethought, to do, perpetrate, and commit, feloniously, wilfully, and out of their 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.
The Indictment sets forth in Substance, That 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 their 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 their Malice aforethought, did make an Assault, and him the said William Gally , upon the Back of a certain Horse, then and there with Force and Arms, feloniously, wilfully, and out of their Malice aforethought, did put and set, and the Legs of him the said William Gally , 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 their Malice aforethought, did bind, tie, and fasten; and him the said William Gally , being so put and set up on Horseback as aforesaid, with his Legs so bound, tied, and fastened under the Horse's Belly as aforesaid, with certain large Whips, which they had then and there in their 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 Gally , then and there with Force and Arms, feloniously, wilfully, and out of their Malice aforethought, for the Space of one Mile, did whip, lash, beat, and strike; by Reason whereof, the said William Gally , was then and there very much wounded, bruised, and hurt; and not being able to endureWilliam Gally ; and him the said Gally, in and upon the same Horse, then and there with Force and Arms, feloniously, wilfully, and out of their Malice aforethought, did again put and set, and the Legs of him the said Gally 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, they then and there with Force and Arms, feloniously, wilfully, and out of their Malice aforethought, under the Horse's Belly, did again bind, tie, and fasten; and him the said Gally, 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 they had then and there in their 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 Gally ; they then and there with Force and Arms, feloniously, wilfully, and out of their Malice aforethought, for the Space of half a Mile further, did again whip, lash, beat, and strike; by Reason whereof he the said William Gally , 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 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 they, the said Jackson, Carter, Downer, Richards, and Sheerman, then and there again untied the Legs of him the said William Gally , 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 their Malice aforethought, put and set, and the said William Gally , being so put and set upon Horseback, as last aforesaid, with the same Whips which they had then and there in their 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 Gally , did then and there with Force and Arms, feloniously, wilfully, and out of their Malice aforethought, for the Space of two Miles further, until they came into the Parish of Harting , in the County of Sussex aforesaid, again whip, lash, beat, and strike, by Reason whereof the said William Gally , 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 they the said Jackson, Carter, Downer, Richards, and Sheerman, him the said William Gally , in and upon another Horse, whereon the said Edmund Richards , then and there rode with the Belly of him the said William Gally , across the Pummel of the Saddle, on which the said Richards William Gally 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 his 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 said Horse, and fell upon the Ground in the common Highway there, by which Fall he the said William Gally was then and there much more wounded, bruised, and hurt; whereupon they the said Jackson, Carter, Downer, Richards and Sheerman, him the said William Gally , in and upon another Horse by himself, then and there with Force and Arms, feloniously, wilfully, and out of their Malice aforethought, did put and set; but the said Gally not being able to sit upright upon the said last mentioned Horse, he the said Sheerman, otherwise Little Harry, did then and there get up upon the same Horse, behind him the said Gally, in order to hold him on; but after they the said Jackson, Carter, Downer, Richards and Sheerman, and the said Gally had rode on a Quarter of a Mile further together, in manner aforesaid he the said William Gally , 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 so tumbled and fell, the said Henry Sheerman , otherwise Little Harry, who rode behind the said Gally, 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, gave to him the said Gally, a most violent Thrust and Push; by Reason whereof, the said Gally, 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 Gally , by them the said Jackson, Carter, Downer, Richards and Sheerman, in Manner and Form aforesaid; and of the whipping, lashing, beating, and striking, of him the said Gally, by them, in Manner and Form aforesaid; and of the several Wounds, Bruises, and Hurts, which he the said William Gally received, from such whipping, lashing, beating, and striking, in Manner aforesaid, and other Wounds, Bruises, and Hurts, which he the said William Gally , so received from the several Falls, which he so had from off the said several Horses, on which he was so by them put, set, and laid, in Manner and Form aforesaid; and of the said Thrust and Push, which he the said Henry Sheerman , otherwise Little Harry, so as aforesaid, gave him the said Gally, as he the said Gally so tumbled and fell from off the said Horse, as last aforesaid, he the said William Gally , at the Parish of Harting aforesaid, in the County of Sussex aforesaid, did instantly die. And further, That they the said William Jackson , William Carter , Samuel Downer , alias Howard, alias Little Sam, Edmund Richards , and Henry Sheerman , alias Little Harry, him the said William Gally , with Force
The Counsel for the Crown, were Mr Banks, Mr Smyth, Mr Purcas, Mr Burrell, and Mr Steele.
Mr Justice Foster, before the Jury was sworn, acquainted the Prisoners they might each of them challenge twenty of the Pannel, 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 consulted among themselves, and agreed to join and be tried together. And then the Jury being sworn, and charg'd by the Clerk of the Arraingments,
Mr Bankes, the King's Counsel, spoke as follows, viz. 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 four last Prisoners, viz. William Jackson , William Carter , Richard Mills the elder, 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 many Circumstances of Aggravation, attending this
To comply with this general Demand of Justice upon the Prisoners, his Majesty (ever attentive to the Good and Welfare of the Kingdom, the Preservation of his Subjects, the Protection of the Innocent, and the Punishment of the Guilty,) in order to give the Prisoners the earliest Opportunity of proving their Innocence, and of wiping off this soul 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; his Majesty 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 thereof.
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 knows, 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 of all Sorts of Vice and Wickedness; a Temptation to commit Offences at first unthought of; an Incouragement 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 Good, 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 the 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 this Scene of
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 compleated 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 Publick House, the Sign of the White Hart, at Rowland's Castle in Hampshire, kept by Elizabeth Paine Widow, upon Sunday the 14th 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 to his Murder.
2 d. 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.
This will take in the barbarous usage of Chater at Mills's House; a Consultation of sixteen Smugglers in what manner to dispose of Chater, and their unanimous Resolution to murder him. And will shew Tapner, Cobby, and Hammond, to be Pricipals 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 Gally ; 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 Gally 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 Gally 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 of Poole, in the County of Dorset.
In the Night of the Sixth of October following, the Custom-House of Poole was broke 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,
And in order to prove the Identity of Dimer, and that he was one of that Gang; Daniel Chater a Shoemaker at Fordingbridge, (the Person murdered,) was sent in Company with, and under the Care of William Gally , a Tidewaiter of Southampton, by Mr Sheerer 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, Gally and Chater set out from Southampton, with Mr Sheerer's Letter, on their Journey to Major Battine 's House, at East Marden, in the Neighbourhood of Chichester.
At the New Inn at Leigh in Havant Parish in Hants, Chater and Gally met with Robert Jenkes , George Austen , and Thomas Austen , and having shewed them the Direction of the Letter to Major Battine , they told them they were going towards Stanstead, where Chater and Gally were informed Major Battine then was; and said they would go with them, and shew them the Road. Their direct way to Stanstead, lay near to Rowland's Castle; but Jenkes and the two Austens, 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, from what I have already mentioned, 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 to do his Duty in assisting to bring a notorious and desperate Offender to Justice; he was to be treated with the utmost Cruelty, his Person was to be tortured, and his Life at last destroy'd. 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 to this Murder; I shall now open to you (what I proposed in the second Period of Time) 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 Trotten, 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 appear'd, in every step of this fatal Conspiracy.
Soon after Chater and Gally, and the three others, had arrived at Rowland's Castle; the Widow Paine suspected Chater and Gally intended some Mischeif against the Smugglers; and for that purpose inquired of George Austen , who the two StrangersBattine 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, Edmund Richards , Samuel Heward , Henry Sheerman , William Steel , and John Raiss ; 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 Paine, 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 endeavour'd to perswade him to let him see the Letter, and to inform them of the Errand to Major Battine . But upon Gally's coming out to them, and interposing to prevent Chater's making any Discovery, they quarrelled with Gally, and beat him to the Ground, Gally complained of this ill usage, and said he was the King's Officer, and to convince them shewed his Deputation.
Chater and Gally 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 into 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 Chater and Gally 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 Gally, for daring to give Information against him. For that purpose, whilst Chater and Gally were asleep, several Consultations were held.
It was first proposed secretly to convey Chater and Gally into France; at that Time at War with England.
The second Scheme was, for all present to contribute Three Pence a Week, for the Maintenance of Chater and Gally, 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 Gally 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 of that Evening, where Chater and Gally lay a sleep, and awaked them. They both came out very bloody, and cut in their Faces; but by what means, or what Jackson had there done to them, does not appear. They were immediately afterwards forced out of the House by Jackson and Carter; the others present and consenting and assisting: Richards, one of the Company, with a cock'd Pistol in his Hand, swore he would shoot any Person through the Head, who should make the least Discovery of what had passed there.
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; Damn 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 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 upon the Horse, and tied as before; and whipped and beat with the like Severity, along the Road for about another Mile. And when they cried out through the Agony of their Pain; Pistols were held to their Heads, and they were threatned 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. Gally was afterwards carried behind Steel; and Chater behind Heward. The Prisoners Jackson and Carter, with the rest of the Company, still continued their merciless Treatment of Chater and Gally, but instead of whipping, they now began to beat them on their Heads and Faces, with the Butt end of their Whips, loaded with Lead. When they came to Lady Holt Park in Sussex, Gally almost expiring with the Torture he had underwent, 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. Gally was then thrown across the Pummel 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, Gally in the Extremity of Anguish; cried out, I shall fall, I shall fall. Upon which Sheerman swore, Damn you, if you will fall, do then; and as Gally was falling he gave him a Thrust to the Ground; after which Gally 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 Gally, went about one of the Clock on the Monday Morning to the Red Lion at Rake in Sussex, a Publick 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 Gally. They obliged Scardefield to shew them a proper Place for the Burial of Gally; and accordingly he went with Carter, Heward, and Steel, to an old Fox Earth, on the side of a Hill near Rake, at a Place called Harting Combe; where they dug a Hole and buried Gally.
Richard Mills the elder, to his Murder upon Wednesday Night the 17th of February.
And here it is, that Richard Mills the elder, first 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 Publick 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 own 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, old Mills got up, and received Chater 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 also, was 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 Skeeling or Out-house, adjoining to the House; wherein Lumber and Fuel was kept. And though 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 Heward who came there that Monday Evening. Thus he continued in Chains, untill he was loosened for his Execution. But least 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 intrusted. 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 of 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 Raiss ; Heward, 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.
About Eight of the Clock of 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 Heward 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 his 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, but carry him somewhere else first.''
He was then loosened from his Chains, and was by all the Prisoners (except Mills the Father and the Son) and by all the Gang that came from Scardefield's, carried back to that Well, wherein Gally had before been threatened to be thrown alive. Jackson and Carter left the Company some small Distance, before the other 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 Gally: And you shall do your Parts, meaning, you shall murder Chater.
Tapner, in order to make good what he had before said (and happy had it been for him, had he shewn more Regard to his Actions, and less to his Words) 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.
But soon after the Body was let loose, and had fallen to the Bottom of this Well, which was dry, one of the Accomplices imagined he heard Chater breath, 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 Cruelty.
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.
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, Cloaths, 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 that the Prisoners were his Murderers.
Mr Smyth, another of the King's Counsel, also spoke as follows, viz. May it please your Lordships and Gentlemen of the Jury, I am likewise of Council against the Prisoners at the Bar, three of whom are indicted as Principals for the Murder of Daniel Chater , the other four as Accessaries before the Fact to that Murder.
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 aggravating 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, he had seen Dimer passing through Fordinbridge, and had made Oath of it before a Magistrate, being required so to do.
This Prosecution therefore, is of the utmost Importance to the publick Justice of the Nation, and to the Safety and Security of every Person; not only in this County, but in the Kingdom; for if such Offenders should escape with Impunity, the Consequence would be, that no Crime could be punished. It would teach Highwaymen, Housebreakers, and all other Criminals, to unite in the Manner those Men have done, and whoever received Injuries from them, would not dare complain, or take any Steps towards bringing them to Justice, for Fear of exposing themselves to the Resentment and 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 'tis to be hoped a few Examples of this Kind, will restore the Peace and Tranquillity of this Country.
In October 1747, the Custom-house at Poole was broke open; the Smugglers who did it, in their return passed through Fordingbridge, a Town in Hampshire, where Chater saw Dimer among them; and having declared so, was obliged to make Oath of it before a Magistrate; on which Information Dimer was taken up and committed to Chichester Goal for further Examination; and on the 14th of February, Chater was sent by the Collector of Southampton, in Company with Gally, with a Letter to Mr Battine, Surveyor-General of the Customs, in order that Chater might see if the Man in Chichester Goal, was the same-Person he saw at Fordingbridge.
These two Men having enquired their Way at the New Inn at Leigh, one Jenks undertook to direct them, and carried them to the Widow Paine's at Rowlands-Castle, who saying she feared they were going to do the Smugglers some Mischief, sent for Carter and Jackson, Steel, Raiss, Richards, Sheerman, and Heward, who having made Gally 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 became of Dimer, and to treat them as he was dealt with.
Carter and Jackson having sent Jenks away, this poor Man and Gally were left absolutely in the Power of them and the other Smugglers; and indeed, into worse Hands he could not have fallen; had he been taken Prisoner in Battle by our Enemies, he would have had Quarter, and been treated with Humanity; had he fallen into the Hands of Enemies of those Nations who give no Quarter, his Lot would have been immediate Death; but as it was his hard Fate to fall into the Hands of Smugglers, he was to have neither Quarter or immediate Death, but was reserved to suffer the most cruel Usage for several Days, and afterwards murdered.
These poor Wretches, after having been beat and abused at Paine'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 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 Gally 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 Raike, who observed Jackson's Coat and Hands to be bloody; and while Carter and the rest buried Gally, Jackson and Sherman 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 Skeelling, or Outhouse, till the Wednesday Night following, and Sheerman and Heward guarded him.
On Wednesday following, being 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 they consulted what to do with Chater, and it was unanimously agreed by all the thirteen then present, to murder Chater; and young Mills, the prisoner at the Bar, particularly advised it; and said, if he had a Horse, he would go with them to 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 Heward, 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 twice cross the Face; 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 Heward, then carried him away to murder him; Sheerman, Heward, and Richards, having been concerned in Gally's Murder, said, the rest should kill Chater, and therefore went away at Harting; Carter and Jackson having been likewise concerned in Gally'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, and Hammond, and the rest, went then to the Well, where Tapner put a Rope about 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 breath or groan, threw Posts and Stones in upon him, and went their Way.
The Terror 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 BodyDaniel 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 Paine's, and by the Treatment of him there and 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 murd er 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 Publick-house, and therefore was not obliged to receive Guests, receives this Man brought in the Night, in a bloody and deplorable Condition, Chater is chained in his Outhouse from Sunday Night till Wednesday; yet Mills never discovers it to any Person, or uses any Means to deliver him, which is a strong Evidence of his Knowledge and Approbation 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 some where else first, which shews his Approbation of the Fact; though to secure himself as he thought, from Punishment, 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 any Thing 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, I am sure you will do your Duty, and by a just and honest Verdict, deliver your Country from Men so void of Humanity.
Mr. Milner, Collector of the Customs at the Port of Poole, deposed, that about the 7th of October 1747, he had Advice that the Customhouse at Poole was broke open; upon which he hasten'd thither, and found the outer Door burst open, and the other Door broke in Pieces; that the Room wherein some Run Tea was lodged, was broke open, and all the Tea carried away, excepting a little Bag, containing about four or five Pounds.
Mr. Sherer, Collector of the Customs at Southampton, deposed, that in February last he received a Letter from the Commanders of the Customs, acquainting him, that one John Dimer was committed to Chichester Jail, for breaking open the Custom-house at Poole, with Directions to send the deceas'd Daniel Chater , who could give some Information against Dimer, to Mr. Battine the Surveyor-General, and to acquaint Mr. Battine with the Occasion of his sending Chater; that he accordingly sent Chater with a Letter addressed to Mr. 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 dress'd, but he remembred 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 dress'd, but remember'd that he was mounted upon a grey Horse.
William Galley , the Son of William Galley , deposed, that he remembered his Father's setting out upon this Journey to Mr. Battine, in February last; that he saw the Letter to Mr. Battine the Night before his Father set out, and saw the Directions; he remembred 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 remember'd that Daniel Chater 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 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, 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 his Way; that Galley wished he would direct them the Way; that he directed them to go thro' Stanstead, near Rowland's Castle; and that they said they should be back again the next Day.
George Austen deposed, that on Sunday the 14th of February last he saw two Men, one mounted upon a brown Horse, and the other upon 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 Meon; to which Place he was going to direct them,Thomas Austen , 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 farther together than to a Place call'd Rowland's Castle, to a Publick House which was kept by the Widow Paine; the two Strangers call'd for Rum at the Widow Paine's. This was about the Middle of the Day, or something after. That the Widow Paine asked him if he knew these Men, or whether they belonged to his Company; he told her they were going to Mr. 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 to do; she then seemed uneasy, and she and her Son consulted together; that her Son went out, and the Prisoner Jackson came in in a little Time; that the Prisoner Carter, and several more, came thither soon afterwards. He knew none but Jackson and Carter. That Jackson enquired where the two Men were bound for, and the Man in the light Coat answer'd, they were going to Mr. Battine's, and from thence to Chichester; but Carter was not by at that Time; that the two Strangers had some Rum, and Jackson called for a Mug of Hot, which was Gin and Beer mixed, or something of that Kind, and 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 one and two, and left the two Men there; the Widow Paine 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 Paine 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, to the best of his Knowledge; and Jackson, as well as the Widow Paine, persuaded him to go Home. 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 this Witness any Questions?
To which they both answered in the Negative.
Thomas Austen was then called, deposed, that he was at the New Inn at Leigh on Valentine's Day last, with his Brother George; he saw two Men there who enquired the way to Mr. Battine's; he went from thence with them to Rowland's Castle; they went to the Widow Paine'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 Paine spoke to him at the outer Door before either of the Prisoners came, and asked him if he knew the two Men, and said sheWilliam Jackson ; her Son went for him, and he soon came, and another little Man and his Servant; he saw one Joseph Southern there and the Prisoner Carter but Carter did not come so soon as Jackson; he (the Witness) stayed there till 7 o'Clock in the Evening, and about that time William Jackson struck one of the Men in the Face, who to the best of his Remembrance had a blue Coat on; they all drank pretty freely from one o'Clock, and he was drunk and went to Sleep, and the two Men were fuddled and went to Sleep in the little Room; that about 7 o'Clock Jackson went into the Room and waked the two Men, and when they came out of the Room it was, that Jackson struck one of them; after they came out the two Men went away with Jackson and Carter, and one William Steele , and Edmund Richards ; he did not remember that they were forced away, and did not see them upon the Horses, nor did he ever see them any more, this was between 7 and 8 o'Clock.
Being asked whether he saw either of the Men produce his Deputation or heard any high Words.
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, and did not observe any Blood about them when they went away.
Being cross examined at the Request of the Prisoners.
Said he did not know who the two Strangers were, but they were the same Persons that his Brother George spoke of, and had a Letter for Mr. 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; he did not see the Direction of the Letter, but he heard it read by Robert Jenkes .
Robert Jenkes deposed, that he saw two Men upon the 14th of February last, at the New Inn at Leigh, one of them upon a blackish Horse, the other upon a grey, and dressed in riding Coats; they were the same Men that the Witnesses George and Thomas Austen had spoke of; they went together to Rowland's Castle, and got there about 12 o'Clock or something after, and went into a House there which was kept by the Widow Paine; he did not hear her give any Directions to send for any body; but the Prisoners Jackson and Carter soon came thither; he staid there about an Hour and a half, and whilst he was there he did not see any Abuse or observe that either of the Men was bloody; 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 believes might say so too; when he wanted to go away Jackson would not suffer him to go thro' the Room where the two Men were; that Jackson told him if he had a Mind to go he might go through the Garden to the back Part of the House, he did so, and found his Horse there and went away; he could not say why Jackson refused to let him go through the Room, but believed it was for fear the two Men should go away with him; that he did not order his Horse to be led round to the Garden himself; that George Austen and he went away together upon his Horse, andWilliam Battine , Esq; at East Marden.
Being cross examined by the Prisoner Carter, whether Carter said he would see the Letter, answered both Carter and Jackson said so, and that Carter did say he would see the Letter that was going to Mr. 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 swore, that on Sunday the 14th of February last, he saw Jenkes, the two Austens, and two other Men on the Road coming from Havant towards Rowland's Castle, one of them had a blue Coat on and rode a grey Horse; that he went to Rowland's Castle himself that Day, and saw Jenkes, Austen, and the same two Men sitting on Horseback drinking at the Widow Paine's Door; he staid there best Part of an Hour, and saw them and several other Persons in the House; that he saw the Prisoners Carter and Jackson in the House whilst he staid 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 when he met him at the Door, he likewise saw a Letter in his Hand, and heard him say he was going to Mr. Battine with it; that he (the Witness) went away between 2 and 3 o'Clock, and did not know what became of the Letter, nor had he heard either Jackson or Carter say what became of it.
The Prisoners Jackson and Carter said they would not ask him any Questions.
William Garret swore, he was at the Widow Paine's on the 14th of February last, about 4 o'Clock in the Afternoon, and saw the Prisoners 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 it; that just as he came in, this Man was standing up by the Back of a Chair, and Jackson stood by him, and he heard Jackson say, '' That for a Quartern of Gin he would serve him so again,'' by which the Witness 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.'' That when he went away, he left them all there.
The Prisoners would not ask him any Questions.
William Lamb deposed, that he went to the Widow Paine'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 Paine's Sons call Carter aside, at his House at West-Bourne; that there were several other People there inThomas Austen , and two Men that were Strangers to him, one of whom had on a blue Gaberdine; the two Men, he understood, were going with a Letter to Mr. Battine; he saw no ill Treatment, during the little Time he staid there; that Edmund Richards , one of the Company, pull'd out a Pistol, and said, '' That whoever should discover any Thing that passed at that House, he '' would blow his Brains out.'' Jackson and Carter were not in the Room, when these Words were spoken, as he believes. He saw the Man in the blue Gaberdine pull a Parchment out of his Pocket, and 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; one Kelly, and the Prisoner Carter, had it in their Hands, but he did not know how they came by it; he did not see the Directions of the Letter; he observ'd it was broke 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 Paine's on the 14th of February last; and that Edmund Richards told him, that if he spoke a Word of what he had heard or seen there, he would shoot him thro' the Body; 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, or after, and saw nine Men there, and that the Prisoners, Jackson and Carter, were two of them; he staid 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 sat down by Thomas Austen , who was then asleep; he called for a Pint of Beer, 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 the Prisoners, Jackson and Carter, and William Steele , Edmund Richards , and two that went by the Names of Sam and Harry; there were two other Persons there, whom, to his Knowledge, he had never seen before nor since; and could give no Account of them, nor did he observe how they were dress'd; that soon after he thought he heard a Blow, and he 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 Paine step'd up, and called him Fool and Blockhead for so doing; upon which he sunk his Arm, and did not behave in the 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, Strap, or String, but no Body gave him either, and he put his Pistol into his great Coat Pocket, and went away with the rest; that by the trampling
The Prisoners would not ask him any Questions.
John Raiss 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 Steele , the Prisoners, Carter and 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 any Thing of Dimar, and Chater answer'd 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 enquir'd of Jackson what he had got out of the Shoemaker (meaning Daniel Chater ;) that Jackson informed them, that Chater said he knew Dimar, 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; that when this Proposition was made, the Prisoners, Jackson and Carter, and Richards and himself were present; and this Resolution was taken to send them out of the Way, that Chater should not appear against Dimar; 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 to Chichester, and saw no more of them that Night.
Being cross-examined, at the Request of the Defendants Counsel, said, At this Consultation there was nothing mentioned 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 pass'd on the 17th, after they had examined the next Witness.
William Steele deposed, that he was at the Widow Paine's on Sunday the 14th of February; that the Prisoner 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, the Prisoner Carter, Edmund Richards , John Raiss , and Carter's Wife, came thither; he did not know how Carter or JacksonJohn Dimar ; that when he came in they were in general sober, as far as he saw, but they sat drinking together about two Hours; that Jackson took Chater out of the House, to examine him about Dimar, and after they had been out some Time, Galley went out to them, but soon return'd, 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; the Company continued drinking till Galley and Chater were quite fuddled, and went 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 this Consultation. It was proposed to put them (Galley and Chater) out of the Way, because they should not appear against the Shepherd, meaning Dimar, and it was proposed to throw them into the Well in the Horse Pasture, about half a Mile from Rowland's Castle, but it was thought not convenient to put them into a Well so near, for fear of a Discovery; it was then proposed to join, and each Man to allow them three Pence a Week, and to keep them in some secret Place till they saw what became of Dimar, and as Dimar 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: But while they were talking these Things, the Wives of Carter and Jackson said it was no Matter what became of them (Galley and Chater) or what was done to them; they ought to be hang'd, for they were come to ruin them, meaning the Smugglers: 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 pass'd in the Room, but was sure they did not go in so bloody; and he believed Jackson and Carter had kicked and spurred them; they set Galley the Officer upon a brown or black Horse, and Chater up behind him; Jackson, Carter and Richards put them on Horseback and tied their Legs under the Horse's Belly, and also tied their Legs together; they then tied a Line to the Bridle, and he (the Witness) got upon a grey Horse and led them along; that just after they turned round the Corner about 20 or 30 Yards from the House, Jackson cried out whip them, lick them Dogs, cut them; it was then dark, and the Company whipped and lashed them with their Horsewhips, 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 Wood's Ashes; that there they Edmund Richards , with his Belly upon the Pummel 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 sat him up, his Legs across the Saddle, and his Body lay over the Horse's Mane; that in this Posture, Jackson held him on; he did not remember that any Body else held him at that Time; that they went on for about half a Mile in this Manner, Galley crying out vehemently all the Time, '' 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 privy Parts, for there were no Blows given when 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 House, 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 House; that the Prisoner, Richard Mills the younger, was there on that Day; and upon hearing from Carter and Jackson that they had passed by a Precipice of about 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 Raiss , 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, and Hammond, and Thomas Stringer, Edmund Richards, and Daniel Perrier , and He (the Witness) were there consulting what to do with Chater, and John Mills proposed to take him out, and load a Gun, and tie a String to the Tricker, 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, 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 to throw him into the Well; that in the Evening they went away from Rake to the House of the Prisoner Richard Mills the elder, and found Chater in a back Skillin, or out House, run up at the Back of Mill's House, Richard Mills the elder, was at Home himself, and fetched out Bread and Cheese for them to eat, and gave them Drink, and received them, and made them welcome; that the House is a private House, no Inn or Ale House; that they all of them went to and again between the House and the Skillin, and that the Prisoner, Richard Mills the elder, was at Home all the while; that the Prisoner Tapner pulled out a clasp Knife and opened it, and swore to Chater '' that Knife should be his Butcher,'' and cut him over both his Eyes, and down his Forehead, so that he bled to a great Degree. He was ordered by some of the Company to say his Prayers, for they were come to kill him, and kill him they would; that Tapner said this, and some of the Company were then in the Skillin, and the rest of them were in the House, but no one interposed to save his Life; that he (the Witness) was in the Skillin, when Chater was advis'd to say his Prayers, and was cut, and that Chater was chained by the Leg at that Time. When they had kept him there as long as they thought fit, somebody of the Company unlocked the Chain, and set him on Horseback, and John Raiss , Edmund Richards , Little Harry, Little Sam, the Prisoner Tapner, Thomas Stringer , the Prisoners, Cobby and Hammond, Little Daniel, the Prisoners, Jackson, Carter, and the Witness, set out with him for Lady Holt Park, to carry him down to the Well; that when they came to a Place call'd 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; that it was about 200 Yards further, and that there were some Pales on the right Hand of it; that there were Pales round the Well. They went on, found the Well by the Direction Carter and Jackson had given them, and carried Chater with them; that then Tapner, 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 got 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 staid there some Time, and one of the Company said he thought he heard him breath in the Well; upon which they got a Post or two, and threw them into the Well upon him, and there they left him.
John Raiss , being called again, said, That after he had left the Company at the Widow Paine's, on the 14th of February, as mention'd in the former Part of his Evidence, 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 Steele, Richards, Little Sam, Daniel Perrier , 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 resolv'd 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 the Prisoner, 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 Skillin, at the Backside 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 believes 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;'' that 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, upon 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 Skillin, and found Chater sitting upon some Heath or Turf, and Tapner ordered him to say his Prayers: While 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 beg'd to live another Day; that Cobby asked him his Name, and whether he had not formerly done Harvest-work at Selsea ? To which he answered, that his Name was Daniel Chater , and that he had harvested at Selsea, and there he became acquainted with Dimar. Cobby and Tapner asked him what they had fed him with at old Mill's, and he said Pease Pottage; that Little Harry unlocked the Horse-lock, that was on his (Chater's) Legs, and Tapner Cobby, and Stringer, brought him out of the Skillin, 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 rid about three Miles towards the Well, and sometimes whipt Chater with their Horsewhips; and Tapner observing that he bled, swore, if he blooded his ( Tapner's ) Saddle, he would whip him again. When they came to Harting, Carter, Jackson, Richards, Little Sam, Little Harry, and
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?
Raiss said he never heard him say any Thing about it; but some of the Company 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 or two o'Clock in the Morning, and called for Thomas Pescod 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 in if they would; that Jackson did come in, and asked if they could not abide in the House some Time, 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.
William Scardefield 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 last, the Prisoners, Jackson and Carter, with Steele and Richards, came to his House, and called out to him, '' For God's Sake get up, and let us in;'' that he let them in, and lighted a Candle, and saw they were bloody; he asked them how they came to be so, and they said they had had an Engagement with some Officers, and had lost their Goods, and some of their Men they feared were dead, and some were wounded; that they said they would go and call them that were at the other Publick House; and while he was gone down into the Cellar, he heard Horses come to the Door,
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; that the Prisoner 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 Harras 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 to him by the Coroner.
Mrs. Chater, the Widow of Daniel Chater , deposed, that she remembred her late Husband set out from Southampton on the 14th of 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 that the Boots produced were likewise her Husband's.
Mr. Sone proved also, that the Horse, which Chater sat out upon, was found about a Month afterwards and delivered to the Owner.
The King's Council submitted it here.
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 threatned to kill him if he would not go with them, and he received three or four Cuts from Hammond or Daniel Perrier , but he did not know which; that Richards and another Man tied the Rope; and he denied that he drew a Knife or cut Chater across the Face.
Mr. Justice Foster told him, that supposing he was threatned in the Manner he insisted on, yet that would 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 dye 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 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 younger, said he knew nothing of the Matter, and never saw either of the Men (Galley and Chater) in his Life; he acknowledged 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 staid there.
Jackson said, the Man who said he would be Chater's Butcher, was his Butcher, and no body 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 when he went to the Widow Paine's he only thought they were going to carry the Men out of the Way till they saw what should become of Dimar, and that he never laid Hands upon them. And went along with the Company to prevent Mischief.
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 staid there; to which, Scardefield answered, that Mills came to his House about half an Hour after one; staid there about an Hour and an 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, whereever 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 procured 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.
* Note. The Particulars of the Judg e's Charge to the Jury in summing up the Evidence, are omitted. Because thro' the Mistake of the Short-hand Writer, which is mentioned in the Advertisement at the Beginning, the State of the Evidence is now reduced to so narrow a Compass, that the inserting the Judge's Charge, would have been little more than a Repetition of the Evidence, in the same Order as it stands in the Trial.
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.
Wednesday, 18 Jan. 1748.
William Jackson and William Carter were tried upon the other Indictment, on the 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 the Day before.
Mr. Smyth, another of the King's Counsel, spoke as follows, viz. I shall only add a Word or two, to explain to you 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 Publick 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 consequentially 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 cooly 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 very Imagination of it; yet 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 an 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.
William Galley , and Edward Holton , whose Evidence upon this Trial was to the same Effect as it was upon the former.
That when they were at the Widow Paine's, Jackson and Carter both said they would see the Letter for Mr. Battine, because they thought the Men were going to swear against the Smugglers; that both Jackson and Carter hindred 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 hindred him from going through the Room?
Answered, That both did.
John Raiss , to the first Part of his Evidence relating to the Transactions at the Widow Paine's, added, that the Blood ran down from Galley's Head and Face, on Jackson's knocking him down; and that Galley and Chater were not fuddled when he went away.
William Steele , to his former Evidence, added, That whilst they were at the Widow Paine'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 mention'd in the former Trial, because the Lashes of the Whip reached this Witness, they beat him with the But-end of their Whips, which were very heavy, till one of their Whips was beat all to Pieces; that the Gravely Knap, where Galley was pushed off the Horse, when he died, was in Conduit-Lane, in Rogate Parish; and that Little Harry pushed him in the Back, and shoved him down; and that the Prisoners, Jackson and Carter, Little Sam, and Richards, were in Company when he died; 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 another went before to call Scardefield up, and when they came there, they laid Galley's Body down in the Kitchen 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 Lanthorn, 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
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 that 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 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.
He was then asked, whether the Gravely Knap was in the County of Southampton or 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 he believed he should know one of the Men that were with him.
Astlett was then sworn, and proved that he was with Steele and some Dragoons on Friday last; that Steele 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 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 born the Offices of Surveyor and Constable.
Steele, on Cross-Examination, said, He knew the Place very well again, by the little gravely 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 him 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 Lanthorn, 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, Steele, and a short Man he did not know, went on to the Place, which was about three Quarters of a Mile back again, he found 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
Edward Sone proved the finding the Body of a dead Man, about the 15th of September in a Fox Earth, within three Quarters of a Mile of Rake; that there were Boots upon the Legs, and a Glove upon one Hand; that the Body was very much perished, and had a Waistcoat and Breeches on.
John Greentree produced a Coat, which he took up beyond Harting Pond in the publick 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 Mr. Baltine, a Justice of the Peace, in whose Custody it had been left, and shewn to the Witness, who said it was the same that he found in the Coat Pocket.
It was then read in Court, and appeared to be a Deputation under the Hands of the Commissioners of the Customs, dated the 1st of April 1731, appointing William Galley to be a Tidesman in the Port of Southampton.
The King's Council submitted it here, upon which the Prisoners being call'd 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 Dimar; and that he had not any Witnesses.
The Prisoner Jackson had nothing to say.
Mr. Justice Foster opened to the Jury the Substance of the Indictment, as before set forth, and told them, that where several People join to do an Act, in itself unlawful, and Death ensues from any Thing 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 for the Crown had laid before them; if all or any of those 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.
The Council for the Crown then mov'd for Judgment; and the Prisoners being set to the Bar, and severally asked what they had to say why Judgment of Death should not pass on them, and none of them offering any Thing 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.
Deliberate Murder is most justly rank'd among 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 publick 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 five Hours together, 'till one of them sunk under the Hardships he suffered, and dyed upon the Road.
The other was carry'd to a Place of safe Custody, there kept chain'd 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 one Word in his Behalf.
He was accordingly hurry'd to his Death; and though he begged earnestly to live but one Day longer, that small Respite was deny'd 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 hop'd 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 pass'd among you, and to all the Intention 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.
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.