M^r. Galley and M^r. Chater put by y^e Smugglers on one Horse near Rowland Castle.

A. Steele who was Admitted at King’s Evidence. B. Little Harry. C. Iackson. D. Carter. E. Donner. F. Richards. 1. M^r. Galley. 2. M^r. Chater.

Smuggling & Smugglers in Sussex.

THE GENUINE HISTORY
OF THE INHUMAN AND
UNPARALLELED MURDERS
OF
Mr. WILLIAM GALLEY,
A CUSTOM-HOUSE OFFICER, AND
Mr. DANIEL CHATER,
A SHOEMAKER,
BY FOURTEEN NOTORIOUS SMUGGLERS,
WITH THE
TRIALS AND EXECUTION OF
SEVEN OF THE CRIMINALS AT CHICHESTER,
1748–9.

Illustrated with Seven Plates, Descriptive of the Barbarous Cruelties.

ALSO THE

Trials of John Mills and Henry Sheerman; with an account of the wicked lives of the said Henry Sheerman, Lawrence and Thomas Kemp, Robert Fuller and Jockey Brown; and the Trials at large of Thomas Kingsmill and other Smugglers for Breaking open the Custom-house at Poole; with the Sermon preached in the Cathedral Church of Chichester, at a Special Assize held there, by Bp. Ashburnham; also an Article on “Smuggling in Sussex,” by William Durrant Cooper, Esq., F.S.A. (Reprinted from Vol. X. of the “Sussex Archæological Collections”), and other Papers.

W. J. SMITH, 41–43 NORTH STREET, BRIGHTON.

TO THE PUBLIC.

This History was first published in 1749, soon after the execution of Jackson, Carter, and other Smugglers, upon the Broyle, near Chichester. The writer in his Preface, says: “I do assure the Public that I took down the facts in writing from the mouths of the witnesses, that I frequently conversed with the prisoners, both before and after condemnation; by which I had an opportunity of procuring those letters which are hereinafter inserted, and other intelligence of some secret transactions among them, which were never communicated to any other person.” Its authenticity thus shewn, he further says: “Of all the monstrous wickedness with which the age abounds, nothing, I will be bound to say, can parallel the scenes of villainy that are here laid open. In all the Histories I have ever read, of all the barbarous stories I have heard related, never did I meet with an instance where cruelty was carried to such an excess as here. We have an instance of two men suffering the most cruel torments that malice itself could invent, without any provocation given, and for no other crime but a duty to serve their king and country.”

He also says: “When the facts were proved by undeniable evidence in the face of the Court, what horror and detestation appeared in the countenance of everyone present! Everyone shuddered when they heard the aggravating circumstances of the murders related, and how barbarously the villains handled their two wretched victims. The judges themselves declared on the bench, that in all their reading they never met with such a continued scene of barbarity, so deliberately carried on and so cruelly executed. The Council, Jury, and all present, were astonished and shocked, to hear proved beyond contradiction, facts of so monstrous a nature as the sufferings were of Mr. Galley and Mr. Chater.”

“But how monstrous and unnatural soever the facts here related appear, yet they are certainly true: everything is related just in the manner it was acted, without the least aggravation to set it off. I have set down nothing but what the witnesses themselves declared upon their oaths, except in some few circumstances which Steele declared on his first examination, but was not examined upon his trial. And therefore, upon the whole, I affirm that the following account is genuine and authentic.”

A reverend writer says: “In order to deter mankind from the perpetration of notorious crimes, nothing can be so effectual as to represent, in the most striking colours, the punishments that naturally attend them. The fear of shame as often preserves a person from the commission of a crime, as the expectation of a reward for his continuing in the paths of virtue.” Mr. Pope also says,

“Vice is a Monster of such frightful mien,

As, to be hated, needs but to be seen.”

These authorities, it is hoped, will be a sufficient apology for reprinting the said History; and as the chief motive thereto is that of serving the community, the editor humbly hopes it will meet with due encouragement, more especially as such republication may justly be considered as one means (among many others) of checking that audacious spirit which now daily gains ground, by reminding those violators of the laws, that, like Jackson and the other miscreants mentioned in this work, they will most assuredly receive that just punishment their crimes merit, if they continue their unlawful and wicked practices. On the other hand, did they seriously consider the dreadful consequences which frequently follow, they would shudder to think of them; they would at once see and confess their own unworthiness; they would be thoroughly sensible, that to answer the purposes of their Great Creator, they should use their utmost endeavours to get an honest livelihood in the stations to which they may respectively be called; they would then be useful members of the community; and by such conduct would avoid those dreadful horrors and most bitter pangs which for ever haunt guilty minds.

The better to attain these most desirable and salutary ends, parents, guardians, and others who have the tuition of youth (we mean here the youth of the poor and the illiterate in general) should now and then take occasion to read, or cause to be read, to their servants, etc., divers passages of this true history; at the same time make such remarks and draw such inferences from them, as their own natural good sense and experience might point out; and more especially they should put them in mind that God, by the mouth of His servant Moses, expressly declares, “He who sheddeth man’s blood, by man shall his blood be shed.”

“I have drawn it up in the way of a Narrative, as the best method of giving a full view of the whole affair. When that is over, I proceed to give an account of their Trials; after which I conclude with their lives, confessions, behaviour, and last dying words at the place of execution.

“I cannot omit to mention here, that Mr. Banks made a speech, exceedingly eloquent and judicious, which drew the attention of the whole court; and which he concluded with that wise saying of the wisest of men, ‘That the mercies of the wicked are cruelties’; the truth of which will evidently appear in the following pages.”

HISTORY OF THE SMUGGLERS.

In September, 1747, one John Diamond, otherwise Dymar, agreed with a number of smugglers to go over to the Island of Guernsey, to smuggle tea, where, having purchased a considerable quantity, on their return in a cutter, were taken by one Capt. Johnson, who carried the vessel and tea to the port of Poole, and lodged the tea in the Custom-house there.

The smugglers being very much incensed at this fatal miscarriage of their purchase, resolved not to sit down contented with the loss; but, on a consultation held among them, they agreed to go and take away the tea from the warehouse where it was lodged. Accordingly, a body of them, to the number of sixty, well armed, assembled in Charlton Forest, and from thence proceeded on their enterprise; to accomplish which, they agreed, that only thirty of them should go upon the attack, and that the remaining thirty should be placed as scouts upon the different roads, to watch the motions of the officers and soldiers, and to be ready to assist or alarm the main body, in case any opposition should be made.

In the night time, between the 6th and 7th of October, they went to Poole, about thirty only present, broke open the Custom-house, and took away all the said tea, except one bag about five pounds.

The next morning they returned with their booty through Fordingbridge, in Hampshire, where some hundreds of people were assembled to view the cavalcade. Among the spectators was Daniel Chater, a shoemaker (one of the unhappy persons murdered) known to Diamond, one of the gang then passing, as having formerly worked together in harvest time. Diamond shook hands with him as he passed along, and threw him a bag of tea.

His Majesty’s proclamation coming out with a promise of a reward for apprehending those persons who were concerned in breaking open the Custom-house at Poole, and Diamond being taken into custody at Chichester, on a suspicion of being one of them, and Chater saying in conversation with his neighbours, that he knew Diamond, and saw him go by with the gang, the day after the Custom-house at Poole was broken open, it came to the knowledge of Mr. Shearer, collector of the Customs at the port of Southampton, when, after some things had passed by letter, between him and Chater, he was ordered to send Mr. William Galley (the other unfortunate person murdered) with Chater, with a letter to Major Battin, a Justice of Peace for the county of Sussex, the purport of which was, to desire the justice to take an examination of Chater, in relation to what he knew of that affair; and whether he could prove the identity of Diamond’s person.

On Sunday, the 14th of February, they set out, and going for Chichester, they called at Mr. Holton’s, at Havant, who was an acquaintance of Chater’s; Holton asked Chater where they were going, and Chater told him they were going to Chichester, to carry a letter to Major Battin; when Mr. Holton told him the Major was at East Murden, near Chichester, and directed him and Galley to go by Stanstead, near Rowland’s Castle. Galley and Chater, pursuing their journey, and going through Leigh, in the parish of Havant, in their way to Rowland’s Castle, they called at the New Inn, and asking the nearest way, they saw Mr. George Austin, and Mr. Thomas Austin, two brothers, and their brother-in-law, Mr. Jenkes; when the elder brother, G. Austin, said they were going the same way, and would shew them; and they all set out together (Galley, Chater, and the rest being all on horseback); and about 12 at noon came to the White Hart at Rowland’s Castle, a house kept by one Elizabeth Payne, widow, who had two sons, both men grown, and blacksmiths, and reputed smugglers, in the same village. After calling for some rum, Mrs. Payne took Mr. George Austin aside, and told him she was afraid these two strangers were come with intent to do some injury to the smugglers. He replied he believed she need be under no such apprehension on that account, for they were only carrying a letter to Major Battin; and as he did not know the purport of it, he imagined it was only about some common business. The circumstance, however, of their having a letter for the Major, increased her suspicion; upon which she sent one of her sons who was then in the house, for William Jackson and William Carter, two of the murderers (as will appear hereafter), who lived within a small distance of her house. While her son was gone, Chater and Galley wanted to be going, and asked for their horses; but Mrs. Payne told them, that the man was gone out with the key of the stables, and would be at home presently, which words she said in order to keep them till Jackson and Carter came, who lived very near. As soon as Jackson came, who was there first, he ordered a pot of hot to be made, and while that was getting ready Carter came in; Mrs. Payne immediately took them aside, and told them her suspicions concerning Chater and Galley, and likewise the circumstance of a letter which they were carrying to Major Battin; and soon after advised George Austin to go away about his business, telling him, as she respected him, he had better go and not stay, lest he should come to some harm; upon which he went away, and left his brother Thomas and brother-in-law Mr. Jenkes there.

During this time, Mrs. Payne’s other son came in, and finding there were grounds to suspect that the two strangers were going to make information against the smugglers, he went out and fetched in William Steel (who was one of the King’s witnesses upon trial), and Samuel Downer, otherwise Samuel Howard, otherwise Little Sam, Edmund Richards, Henry Sheerman, otherwise Little Harry, all smugglers, and all belonging to the same gang, and were indicted for the murder of Mr. Galley, but not then taken.

After they had drank a little while, Jackson took Chater into the yard, and asked him how he did, and where Diamond was; Chater said he believed he was in custody, but how he did he did not know; but that he was going to appear against him, which he was sorry for, but he could not help it. Galley soon after came into the yard to them, to get Chater in again, suspecting that Jackson was persuading Chater not to persist in giving information against the smugglers, and upon Galley’s desiring Chater to come in, Jackson said, “G—d d—n your b—d, what is that to you?” strikes him a blow in the face and knocks him down, and set his nose and mouth a-bleeding; after which they all came into the house, Jackson abusing Galley; when Galley said he was the King’s officer, and could not put up with such usage; then Jackson replied, “You a King’s officer! I’ll make a King’s officer of you; and for a quartern of gin I’ll serve you so again;” and some time after offering to strike him again, one of the Paynes interposed, and said, “Don’t be such a fool, do you know what you are doing?”

Galley and Chater began to be very uneasy, and wanted to be going; upon which Jackson, Carter, and the rest of them persuaded them to stay and drink more rum, and make it up, for they were sorry for what had happened; when they all sat down together, Mr. Austin and Mr. Jenkes being present. After they had sat a little while, Jackson and Carter wanted to see the letter which Galley and Chater were carrying to Major Battin; but they refused to show it; upon which they both made a resolution they would see it. They then drank about pretty plentifully, and made Galley, Chater, and Thomas Austin fuddled; when they persuaded Galley and Chater to go into another room where there was a bed, and lie down; which they did, and fell asleep; and then the letter was taken out of one of their pockets, and brought into the kitchen, where Carter or Kelly read it; and the contents of it being plainly a design to promote an information against some of their gang, they immediately entered into consultation what course to take on this occasion. Some proposed one thing, some another; but all agreed in this, that the letter should be first destroyed, and then they would consider what to do with the men, in order to prevent their giving the intended information.

Before this, one John Race (who was also one of the King’s witnesses) and Richard Kelly came in, when Jackson and Carter told them that they had got the old rogue the shoemaker of Fordingbridge, who was going to give an information against John Diamond, the shepherd, who was then in custody at Chichester. Then they all consulted what was best to be done with him and Galley, when William Steel proposed to take them both to a well, a little way from the house, and to murder them and throw them in.

At this consultation were present only these seven smugglers; namely, William Jackson, William Carter, William Steel, John Race, Samuel Downer, Edmund Richards, and Henry Sheerman, and this proposal was disagreed to, as they had been seen in their company by the Austins, Mr. Jenkes, Mr. Garrat, Mr. Poate, and others who came into Payne’s house to drink. This being disagreed to, another proposal was made, which was, to take them away, and send them over to France; but that was objected against, as there was a possibility of their coming over again, and then they should be all known. At these consultations Jackson and Carter’s wives were both present, and who both cried out “Hang the dogs, for they came here to hang us.” Then another proposition was made, which was that they should take them and carry them to some place where they should be confined, till it was known what would be the fate of Diamond, and in the mean time each of them to allow threepence a week to subsist Galley and Chater; and that whatever Diamond’s fate was, they determined that theirs should be the same.

Galley and Chater continued all this while asleep upon the bed; then Jackson went in and began the first scene of their cruelty; for having first put on his spurs, he got upon the bed and spurred their foreheads to awake them, and afterwards whipped them with a horsewhip, so that when they came out into the kitchen, Chater was as bloody as Galley. This done, all the abovesaid smugglers being present, they took them out of the house, when Richards with a pistol cocked in his hand, swore he would shoot any person through the head that should mention anything of what was done, or what they had heard.

Galley & Chater falling off their Horse at Woodash, draggs thier Heads on the Ground, while the Horse kicks them as he goes; the Smugglers still continuing thier brutish Usage.

When they were all come out of the house, Jackson returned with a pistol in his hand, and asked for a belt, a strap, or string: but none of the people in the house presumed to give him either; upon which he returned to the rest of the gang, who were lifting Galley on a horse, whose legs they tied under the horse’s belly; then they lifted Chater on the same horse, and tied his legs under the horse’s belly, and then tied their four legs together.

All this time John Race was with them; but when they began to set forward, Race said, “I cannot go with you for I have never a horse,” and so stayed behind.

They had not gone above a hundred yards, before Jackson called out “Whip them, cut them, slash them, damn them”; and then all fell upon them except the person who was leading the horse, which was Steel; for the roads were so bad that they were forced to go very slow.

They whipped them till they came to Wood’s Ashes, some with long whips and some with short, lashing and cutting them over the head, face, eyes and shoulders, till the poor men, unable any longer to bear the anguish of their repeated blows, rolled from side to side, and at last fell together with their heads under the horse’s belly; in which posture every step the horse made, he struck one or the other of their heads with his feet. This happened at Wood’s Ashes, which was more than half a mile from the place where they began their whipping, and had continued it all the way thither. When their cruel tormentors saw the dismal effects of their barbarity, and that the poor creatures had fallen under it, they sat them upright again in the same position as they were before, and continued whipping them in the most cruel manner over the head, face, shoulders, and everywhere, till they came beyond Goodthorpe Dean, upwards of half a mile farther, the horse still going a very slow pace; where they both fell again as before, with their heads under the horse’s belly, and their heels up in the air.

Now they found them so weak that they could not sit upon the horse at all, upon which they separated them, and put Galley behind Steel, and Chater behind Little Sam, and then whipped Galley so severely, that the lashes coming upon Steel, he desired them to desist, crying out himself that he could not bear it, upon which they desisted accordingly. All the time they so continued to whip them, Jackson rode with a pistol cocked, and swore as they went along through Dean, if they made any noise he would blow their brains out. They then agreed to go up with them to Harris’s Well near Lady Holt Park, where they swore they would murder Galley; accordingly they took him off the horse and threatened to throw him into the well. Upon which the poor unhappy man desired them to dispatch him at once, or even throw him down the well, to put an end to his misery. “No, G—d d—n your blood,” says Jackson, “if that’s the case, we must have something more to say to you”; and then put him on a horse again, and whipped him over the Downs till he was so weak that he fell.

Was ever cruelty like this! To deny a miserable wretch, who was half dead with their blows and bruises, the wretched favour of a quick dispatch out of his tortures! Could the devil himself have furnished a more execrable invention to punish the wretched victims of his malice, than to grant them life only to prolong their torments!

Poor Galley not being able to sit on horseback any longer, Carter and Jackson took him up and laid him across the saddle, with his breast over the pommel, as a butcher does a calf, and Richards got up behind him to hold him, and after carrying him in this manner above a mile, Richards was tired of holding him, so let him down by the side of the horse; and then Carter and Jackson put him upon the grey horse that Steel had before rode upon; they set him up with his legs across the saddle, and his body over the horse’s mane; and in this posture Jackson held him on for half a mile, most of the way the poor man cried out “Barbarous usage! barbarous usage! for God’s sake shoot me through the head”; Jackson all the time squeezing his private parts.

After going on in this manner upwards of a mile, Little Harry tied Galley with a cord, and got up behind him, to hold him from falling off; and when they had gone a little way in that manner, the poor man, Galley, cried out “I fall, I fall, I fall”; and Little Harry, giving him a shove as he was falling, said, “Fall and be d——d”; upon which he fell down, and Steel said that they all thought he had broke his neck, and was dead; but it must be presumed he was buried alive, because when he was found, his hands covered his face, as if to keep the dirt out of his eyes.

Poor unhappy Galley! who can read the melancholy story of thy tragical catastrophe without shedding tears at the sorrowful relation? What variety of pains did thy body feel in every member of it, especially by thy privy parts being so used? What extremity of anguish didst thou groan under, so long as the small remains of life permitted thee to be sensible of it! And after all, to be buried while life was yet in thee, and to struggle with death even in thy wretched grave, what imagination can form to itself a scene of greater horror, or more detestable villainy? Sure thy murderers must be devils incarnate! for none but the fiends of Hell could take pleasure in the torments of two unhappy men, who had given them no offence, unless their endeavouring to serve their king and country may be deemed such. This indeed was the plea of these vile miscreants; but a very bad plea it was to support as bad a cause. But such is the depravity of human nature, that when a man once abandons himself to all manner of wickedness, he sets no bounds to his passions, his conscience is seared, every tender sentiment is lost, reason is no more, and he has nothing left him of the man but the form.

We forgot to mention in its proper place that in order to make their whipping the more severely felt, they pulled off Galley’s great coat, which was found in the road next morning all bloody.

They, supposing Galley was dead, laid him across a horse, two of the smugglers, one on each side, holding him to prevent his falling, while the third led the horse, and as they were going up a dirty lane, Jackson said, “Stop at the swing gate beyond the water till we return, and we will go and seek for a place to carry them both to;” when he and Carter went to the house of one Pescod, who had been a reputed smuggler, and knocked at the door. The daughter came down, when they said they had got two men whom they wanted to bring to the house. The girl told them her father was ill, and had been so for some time, and that there was no conveniency for them, nor any body to look after them; and they insisting that she should go up and ask him, she did, and brought down word that her father would suffer nobody to be brought there, be they who they would; upon which they returned to the rest.

Though this Pescod was (as I have observed) a reputed smuggler, and therefore these fellows supposed he would give them harbour upon this occasion, yet it does not appear that he had gone such lengths as the rest of them had done; for if he had, he would not have refused admitting them at any hour of the night, notwithstanding his illness; but he imagining they were upon some villainous expedition, resolved to have no hand in it, or have his name brought in question on that account. But to proceed.

By this time it was between one and two in the morning, when they agreed to go to one Scardefield’s at the Red Lion at Rake, which was not far from them. When they came there, they knocked at the door, but the family being all in bed, Scardefield looked out of the window, and asked who was there. Carter and Jackson told him who they were, and desired him to get up, for they wanted something to drink, and there were more company coming; Scardefield refused several times, but they pressing him very hard, he put on his clothes and came down, and let them in after many times refusing.

As soon as he was down, and had let Steel, Jackson, Carter and Richards in, he made a fire in the parlour, and then went to draw some liquor, while he was doing which he heard more company come in; and he going into the brewhouse saw something lie upon the ground like a dead man. They then sent him to fetch them some rum and some gin, and while he was gone for the same, they had got poor Chater into the parlour, and on his bringing the liquor, they refused to let him in; but he saw a man, he says, stand up very bloody, whom he supposed to be Chater. They told him, Scardefield, that they had an engagement with some officers, and had lost their tea, and were afraid that several of their people were killed; which they probably said, as well to conceal their murder of Galley, as to account for Chater’s being bloody.

All this time poor Mr. Chater was in expectation every moment of being killed, and indeed, when I am speaking of it, my heart bleeds for his sufferings; but they sent him now out of the way, for Jackson and Little Harry carried him down to Old Mills’s, which was not far off, and then returned again to the company.

After they had drank pretty plentifully, they all went out, taking Galley, or his corpse, if he was quite dead, with them; when Carter and Richards returned to Scardefield’s, and asked him if he could find the place out where they had some time before lodged some goods; and he said he believed he could, but could not go then. But Richards and Carter insisted he should; and then Carter took a candle and lantern, and borrowed a spade, and they went together, and had not gone far when they came to the rest, who were waiting; and then Scardefield saw something lie across a horse, which he thought looked like the dead body of a man; and then Little Sam having a spade, began to dig a hole, and it being a very cold morning, he helped, but did not know what it was for; and in this hole they buried poor Mr. Galley.

They then returned to Scardefield’s, and sat carousing the best part of Monday, having, as Jackson told them, secured Chater.

William Galley, brought cross a Horse to a Sand Pit where a deep Hole is Dug to Bury him in.

The unfortunate William Galley put by the Smugglers into the Ground &c. as is generally believed before he was quite Dead.

This Scardefield was formerly thought to have been concerned with the smugglers; and as he kept a public-house, they thought they might take any liberties with him. And it seems evident, by what they did after they had gained admission, that they only wanted a convenient place to consult at leisure what course to pursue on this occasion. They had two prisoners, one of whom they supposed they had already murdered, whose body they must dispose of in some manner or other. The other, though yet living, they resolved should undergo the same fate, but by what means it does not appear they had yet agreed. The better to blind Scardefield, whom they did not care to let into the secret of their bloody scheme, and likewise to give some colourable pretence for what his own eyes had been witness to (a dead corpse in his brewhouse, and a man all over blood standing in his parlour), they tell him a plausible story of an engagement they had with the king’s officers. Now whether Scardefield gave entire credit to what they told him, or whether he really suspected what they were upon, did not appear from the evidence. This, however, is certain, that he went with them to the place, and assisted them in burying the body of Galley; and therefore one would imagine he could not be entirely ignorant of what they were doing. But as he was one of the witnesses by which this iniquity was brought to light, and as he was likewise a person of fair character, we shall forbear saying any thing that may seem to throw a slur on his reputation.

But now we must return to the melancholy story of the unfortunate man, unhappy in the hands of the most cruel wretches surely ever breathing.

While they were sitting at Scardefield’s, consulting together what they were to do next, Richard Mills came by; this Richard was the son of old Richard Mills, to whose house they had conveyed Chater for his better security, till they had resolved what to do with him. When they saw young Mills they called him in, and related to him in what manner they had treated Chater, who was going to make information against their friend Diamond, the shepherd, and that in their way they came by a precipice thirty feet deep. To this Mills made answer, that if he had been there he would have called a council of war, and thrown him down headlong. So it seems as if cruelty was the ruling principle among the whole body of smugglers, and that nothing less than death or destruction of all those they deemed their adversaries—that is, all such as endeavoured to prevent or interrupt them in the pernicious trade of smuggling—would content them.

They continued drinking at Scardefield’s all that day, which was Monday, Chater being chained all the while by the leg, with an iron chain about three yards long, in a place belonging to old Mills, called a skilling, which is what they lay turf up in, and looked after by little Harry and old Mills; and in the dead of that night they agreed to go home separately, and to rally up some more of their gang, and to meet at Scardefield’s on Wednesday.

Their design in this was, that they might appear at their own homes on Tuesday morning early, so that their neighbours might have no suspicion of what they had been about, or of what they had in hand still to do, and likewise to consult with the rest of the gang what was best to be done.

They all met at Scardefield’s on Wednesday evening according to appointment; that is, William Jackson, William Carter, William Steel (one of the king’s witnesses), Edmund Richards, of Long Coppice, in the parish of Walderton, in the County of Sussex, and Samuel Howard, otherwise Little Sam, of Rowland’s Castle, in the county of Hants, who were five of the six concerned in the murder of Galley, as has been before related. Also John Cobby, William Hammond, Benjamin Tapner, Thomas Stringer, of the city of Chichester, cordwainer, Daniel Perryer, otherwise Little Daniel, of Norton, and John Mills, of Trotton, both in the county of Sussex, and Thomas Willis, commonly called the Coachman, of Selbourne, near Liphook, in the county of Hants, Richard Mills, jun., and John Race (another King’s witness), being fourteen in number; Richard Mills, sen., and Henry Sheerman, alias Little Harry, stayed at home to take care of Chater, in whose custody they had left him. They dropped in one after another, as if by accident, so that it was late in the night before they were all got together. Being all of them at last come in, they entered upon the business for which they were then met, namely, to consult coolly and sedately what was to be done with Chater, that is, how to dispatch him in such a manner as would be least liable to discovery; for that he must be destroyed, had been already unanimously determined, as the only method they could think of to prevent his telling tales about Galley. Thus, when a course of villainy is once begun, it is impossible to say where it will end; one crime brings on another, and that treads on the heels of a third, till at length both the innocent and the guilty are swept away into the gulf of destruction.

I cannot pass in silence, without making mention of the readiness old Mills shewed when they brought poor Chater first down to his house; for he fetched them victuals and drink, and they all eat and drank, except Chater, who could not eat, but vomited very much.

After they had debated the matter some time among them, Richard Mills, jun., proposed this method: “As Chater is already chained to a post, let us,” said he, “load a gun with two or three bullets, lay it upon a stand, with the muzzle of the piece levelled at his head, and, after having tied a long string to the trigger, we will all go to the butt end, and, each of us taking hold of the string, pull it together; thus we shall be all equally guilty of his death, and it will be impossible for any one of us to charge the rest with his murder, without accusing himself of the same crime; and none can pretend to lessen or mitigate their guilt by saying they were only accessories, since all will be principals.” But some, more infernally barbarous than the rest (but who, the witness Steel could not recollect), objected to this proposal as too expeditious a method of dispatching him, and that it would put him out of his misery too soon; for they were resolved that he should suffer as much and as long as they could make his life last, as a terror to all such informing rogues (as they termed it) for the future.

This proposal being rejected, another was offered and agreed to, and that was—to go to old Major Mills, and fetch him away from thence, and carry him up to Harris’s Well, near Lady Holt Park, and throw him in there, as they intended to have done with Galley, as the most effectual method to secrete the murder from the knowledge of the world; forgetting that the eye of Providence was constantly upon them, watched all their motions, and would certainly, one day or other, bring to light their deeds of darkness; and that Divine Justice never forgets the cries of the oppressed, but will, in due time, retaliate the cruelties exercised on the innocent, on the heads of their inexorable tormentors.

All this while the unhappy Chater remained in the most deplorable situation that ever miserable wretch was confined to; his mind full of horror, and his body all over pain and anguish with the blows and scourges they had given him, and every moment in expectation of worse treatment than he had yet met with, without any sustenance to support his wretched life, than now and then a little bread and water, and once some pease porridge. Besides all this, he was continually visited by one or other of them, not to comfort or relieve him with words of kindness, or promises of better usage; not to refresh him with cordials or agreeable nourishment, but to renew their cruel exercise of beating and abusing him, and to swear and upbraid him in the vilest terms and the most scurrilous language that their tongues could utter.

Having at length concluded what to do with their poor unhappy prisoner, they all went down to Old Mills’s, where they immediately opened a fresh scene of barbarity. For as soon as they came in, Tapner, Cobby, and some others of them, went directly into the turf-house, where they found Chater in the most piteous condition, enough to melt a heart not made of stone into compassion; but was so far from moving the pity of these merciless bloodhounds, that it only served them as a fresh motive to renew their cruelties, and aggravate his afflictions. Tapner, in particular, immediately pulled out a large clasp knife, and expressed himself in this horrible manner: “G—d d—n your b—d, down on your knees and go to prayers, for with this knife I will be your butcher.” The poor man being terrified at this dreadful menace, and expecting that every moment would be his last, knelt down upon a turf, as he was ordered, and lifted up his heart and hands to Heaven, in the best manner that his pains and anguish would suffer him; and while he was thus piously offering up his prayers to God, Cobby got behind him, and kicked him, and with the most bitter taunts, upbraided him for being an informing villain. Chater suffered all his torments with great patience and resignation; and though there was scarce a limb or a joint of him free from the most excruciating pains, yet in the midst of all he did not forget his friend Galley, and believing that he was either dead or very near it, he begged they would tell him what they had done with him. Tapner replied, “D—n you, we have killed him, and we will do so by you”; and then, without more ado, or any other provocation, drew his knife aslant over his eyes and nose, with such violence, that he almost cut both his eyes out, and the gristle of his nose quite through. Poor Chater was absolutely at his mercy, for it was not in his power to make any resistance; his great and only comfort was that he suffered in a righteous cause, and supported with this consideration, he resigned himself to the will of heaven, which he was persuaded took cognizance of his sufferings, and would reward his tormentors according to their demerits.

Tapner, however, not satisfied with this wanton act of cruelty, in another fit of frenzy, aimed another stroke at his face, designing to cut him again in the same wound; but happening to strike a little higher, made a terrible gash across his forehead, from which the blood flowed in abundance. What a lamentable figure must the poor creature make! His face deeply furrowed with the most ghastly wounds, his eyes cut almost out of his head, and the blood running down in torrents upon the rest of his body. What a spectacle was here! yet not miserable enough to move the compassion of these bloodthirsty tigers! Old Mills, however, not from any pity, or that his heart relented at the terrible condition of this deplorable object, but apprehending bad consequences to himself, in case he should die under their hands, and under his roof, said to them, “Take him away, and do not murder him here, but murder him somewhere else.”

Chater, Chained in y^e Turff House at Old Mills’s. Cobby, kicking him & Tapner, cutting him Cross y^e Eyes & Nose, while he is saying the Lords Prayer. Several of y^e other Smugglers standing by.

It is surprising that this poor miserable man, who was far advanced in years, had strength and vigour enough to sustain such a variety of torments, which were inflicted upon him, almost without intermission, for several days successively; yet even after this last act of barbarity, he had more severe trials to come before he was suffered to part with his wearisome life. And as the last scene of this woful tragedy appears more astonishing and more monstrous than anything they had hitherto transacted, we shall give a very particular and circumstantial account of everything that was done on this sad occasion. Being all agreed in the measures they were about to take, they mounted Chater on a horse, and set out together for Harris’s Well. Mills, however, and his two sons, stayed behind, desiring to be excused, because their horses were not in the way; or they would readily have borne them company on the occasion if they could, for they were as hearty in the same cause as the best of them. Besides, there was no great necessity for their assistance, since there were enough of them, as the Mills’s said, to kill one man; and as Harris’s Well lay just in their way homewards, the execution would be little or no hindrance to them in their journey.

Everything being now settled, they proceeded towards the well. Tapner, however, more cruel, if possible than the rest, fell to whipping poor Chater again over his face and eyes, and made his wounds, which he had before given him with his murdering knife, bleed afresh; and, what was still more amazing, swore, “That if he blooded his saddle” (for it seems Chater was set upon his horse) “he would destroy him that moment and send his soul to Hell:” which is such an unparalleled instance of barbarity, that one would think it impossible that there should be a creature living, that pretends to reason, and would be ranked among men, could be guilty of. What! to threaten to murder a man for a thing which was not in his power to avoid, and which the villain himself was the sole occasion of! Horrible, shocking wickedness! but let us proceed in our melancholy story.

At last poor Chater, in this disfigured lamentable condition, is brought to the well. By the time they got there, it was the very dead of night, and so near the middle of it, that it was uncertain whether it was Wednesday night or Thursday morning. The well was between twenty and thirty feet deep, without water, and paled round at a small distance to keep the cattle from falling in. Being come up to the pales, they dismounted Chater, and Tapner, taking a cord out of his pocket which he had brought for that purpose, made a noose in it and then fastened it round his neck. This being done, they bade him get over the pales to the well. The poor man observing a small opening, where a pale or two had been broken away, made an attempt to go through; but that was a favour too great to be allowed to so heinous an offender, as it seems poor Chater was in their opinion; and therefore one of them swore he should get over in the condition he was and with the rope about his neck, all over blood, his wounds gaping and himself extremely weak and ready to faint through loss of blood; yet in this miserable plight these cruel executioners obliged him to get over the pales as well as he could.

Chater hanging at the Well in Lady Holt Park the Bloody Villains Standing by.

The Bloody Smugglers flinging down Stones after they had flung his Dead Body into the Well.

With a great deal of difficulty he got over the pales, when he found himself just upon the brink of the well, the pales standing very near to it. Being over, Tapner took hold of the rope which was fastened to Chater’s neck, and tied it to the rail of the pales where the opening was, for the well had neither kerb, lid nor roller. When the rope was thus fixed to the rail, they all got over to him and pushed him into the well; but the rope being of no great length, would not suffer his body to hang lower than knee-deep in it; so that the rest of his body, from his knees upwards, appeared above the well, bending towards the pales, being held in that position by the rope that was tied to the rail. But as in this posture he hung leaning against the side of the well, the weight of his body was not of sufficient force to strangle him presently. For his inhuman executioners, whether wearied with tormenting him so long or whether they wanted to get home to their several places we cannot say, but they seemed now resolved to dispatch him as soon as they could.

After they had waited about a quarter of an hour, and perceiving by the struggles he made that he would be a considerable time in dying, they altered the method of his execution. Thomas Stringer therefore, with the assistance of Cobby and Hammond, pulled his legs out of the well, and Tapner untying the cord that was fastened to the rail, his head fell down upon the ground, and then, bringing it round to the well, put it in. Then Stringer, who had hold of his legs, assisted by Cobby and Hammond, let them go, and the body fell head foremost into the well.

Now one would think they had entirely finished this tragedy and that this miserable creature was quite out of his misery, and beyond the reach of any further injury. No, he had yet some further remains of life in him, and while he had any sense left, he must feel the exercise of their cruelty.

After they had thrown the body into the well, they stood by it some time; and it being the dead of night and every thing still, they heard him breathe or groan, and from thence being assured that he was still alive, and that if they should leave him in that condition somebody accidentally passing that way might possibly hear him; and in that case if the man should be relieved and brought to life again, the consciousness of their own horrid crimes and the enormous barbarities they had exercised upon him and Galley, told them that they would certainly be discovered, and then they knew they were dead men.

Upon which they immediately came to a resolution to procure a ladder that should reach to the bottom of the well, and one of them would go down by it and dispatch him at once. Accordingly they went to William Combleach, a gardener, who lived but a little way off, and knocked him up, telling him that one of their companions was fallen into Harris’s Well and begged the favour he would lend them a ladder and a rope to get him out again. Combleach knowing nothing more of the matter but what they had told him, lent them the ladder, and they carried it to the well. Having brought it to the pales, whether through the surprise and confusion they were in or the dread and horror that might have seized their minds from the consideration of the dreadful work they were about, or from what other cause is uncertain, they had not all of them power sufficient to raise the ladder high enough to get it over the pales, it being a very long one, though there were six of them employed in doing it, namely, Stringer, Steel, Perryer, Hammond, Cobby and Tapner.

When they had tried some time, and found all their efforts ineffectual to raise the ladder, they left it upon the ground, and went again to the well side to listen, and hearing the poor man still groaning, they were at a stand what they should do to put a quick end to the life of the miserable creature. But recollecting themselves, they hunted about for something heavy to throw in upon him, and found two logs of wood that had been gate-posts, which they threw into the well; and being resolved to do the business effectually, got together as many great stones as they could find, and threw them in likewise. And now they thought they had done his business, and they were undoubtedly right in their guess, for on listening again they could hear nothing of him; and therefore, concluding he was dead, as most certainly he was, they mounted their horses and went to their respective homes.

Thus are we brought to the fatal and final catastrophe of the unhappy Chater, and whoever seriously reflect on the cause for which he suffered, the torments he underwent, the variety of punishments with which he was continually exercised, from the time he set out from Rowland’s Castle till he finished his miseries in Harris’s Well, which was from Sunday afternoon to the dead of the night between the Wednesday and Thursday following, must feel their hearts melt with compassion, and in some measure be sensible of the variegated pains and tortures with which the poor creature was constantly racked and torn during this time. But who can think on his tormentors without horror and detestation? Bloody villains! had you thought that his death was absolutely necessary to secure your own lives, could you not have dispatched him at once, without exercising such a variety of merciless cruelties upon him? It is true, even in this case you would not have been excused, because you would have slain him while he was actually discharging his duty to his country, that is, endeavouring to detect and to bring to punishment wretches that live only by rapine and the plunder of the public. I say, had this been the case, and upon meeting him on the road you had shot him through the head, merely to prevent his bringing you to that righteous judgment which your country has since passed upon you, it might have been some mitigation of your crime; but to torture and to destroy a man by inches, to be constantly afflicting and lacerating his body for so many days together with every cruelty that malice itself could suggest; this surely must convince mankind that some malicious demon had taken possession of your souls, and banished every sentiment of humanity from your hardened hearts.

But let us now proceed to those other matters which we promised to give an account of. The first thing we shall mention ought indeed to have been taken notice of before, but we were not willing to interrupt the story of Chater till we had brought him to the last stage of his sufferings, and his final destruction in this world.

When these miscreants had brought their unhappy victim within about two hundred yards of the well, Jackson and Carter stayed behind and bid Tapner, Cobby, Stringer, Steel, Perryer and Hammond go forward and do their business. “You,” says Jackson, “go and do your duty and kill Chater, as we have done ours in killing Galley, and then there will be a final end of the two informing rogues”; for Hammond, Stringer, Cobby, Tapner and Perryer were neither of them concerned in the murder of Galley, who was killed on Sunday night, or early on Monday morning, as before mentioned, of which they were entirely ignorant, till informed by Jackson, Carter, Little Harry, Richards, Steel and Little Sam.

But though these wretches had perpetrated the murders of these two unhappy men with such secrecy (notwithstanding they had them so long in hold) that they thought it next to impossible that they should ever be discovered, unless they had traitors among themselves; yet they were sensible that there were two witnesses still living, which, though dumb, would certainly render them suspected, if suffered to survive their masters; and these were the two horses that belonged to Galley and Chater; and therefore a consultation was held what was best to be done with them. Some were for turning them adrift in a large wood, where they might range about a long while before they could be owned. But others alleged that whenever they were found, they would undoubtedly soon be known to belong to the rightful owners, and as Galley and Chater might possibly have been seen riding upon them in their company but a very little before these men were missing, some curious people might imagine they were, some way or other, concerned in conveying them away; to prevent which, let us, said they, put them on board the first French vessel that shall bring goods on the coast and send them to France. This however, was objected to, as liable to some miscarriage; and therefore, after much debate, it was unanimously agreed to knock them on the head at once, and then take their skins off. Accordingly they killed the horse which Galley rode on, which was a grey, and having flayed him, cut his hide into small bits, which they disposed of in such a manner, that it was impossible for any discovery to be made from thence. As to the horse which Chater rode on, which was a bay, when they came to look for him they could not find him, for he had got away, and not long after was delivered to his owner; but the grey, which Mr. Shearer, of Southampton, had hired for Mr. Galley, and which they had now killed, he was obliged to pay for.

Thus we have given a full and circumstantial account of all the particulars relating to the murders of these two unhappy men, whose misfortune it was to fall into the hands of these savage brutes. But as Providence seldom suffers such atrocious crimes to go undiscovered or unpunished even in this world, so in this case, though the Divine justice seemed dormant for a while, yet the eye of Providence was not asleep, but was still watching their motions and taking the necessary steps to bring to light these horrible deeds of darkness, and to punish the perpetrators of such abominable wickedness in the most exemplary manner.

The first thing that gave occasion to suspect that some such misfortune as above related had befallen these men was that they did not return in the time which it was reasonable to suppose they might have done, from Major Battin’s, to whom Mr. Shearer had sent them with a letter, as before related. Another circumstance that served to strengthen the suspicion that they had fallen into the hands of the smugglers, who had privately made away with or destroyed them, was that exactly at the time when they were sent on the abovesaid message, the great coat of Mr. Galley was found on the road very bloody. This circumstance the reader will remember we mentioned when we gave an account of their first setting out from Rowland’s Castle, when these tormenters began their cruel discipline of whipping, and that they pulled off Galley’s great coat, that he might the more sensibly feel their lashes.

The long absence of these men from their homes, and the reasons there were to conclude that the smugglers had either murdered them or sent them to France, being laid before the commissioners of the customs, a proclamation was immediately ordered, offering a reward to anyone who should discover what was become of them, with his Majesty’s pardon to such discoverer. However, six or seven months passed before the Government could get the least light into the affair; and then a full discovery was gradually made by the following means.

One of the persons who had been a witness to some of the transactions of this bloody tragedy, and knew of the death of either Galley or Chater, and where one was buried, though he was no way concerned in the murder, sent an anonymous letter to a person of distinction, wherein he intimated that he thought the body of one of the unfortunate men mentioned in his Majesty’s proclamation was buried in the sands in a certain place near Rake (but for some particular reason did not think it prudent to make himself known); whereupon some people went in search, where they found the corpse of Galley buried; and the reason why it is supposed he was buried alive, they found him standing almost upright, with his hands covering his eyes.

The discovery being made by this letter, another letter was sent, wherein an account was given that one William Steel, otherwise Hardware, was one concerned in the murder of the man that was found buried in the sands, and mention was made therein where they might find him, and he was accordingly taken into custody; when he offered himself to be an evidence for the King, and to make a full discovery and disclosure of the whole wicked transaction, and of all the persons concerned therein.

Steel being now in custody, he gave an account of the murder of Galley, and further informed in what manner Chater was murdered and thrown into Harris’s Well; whither messengers being likewise sent, and one of them let down into the well, the body was found with a rope about his neck, his eyes appeared to have been cut or picked out of his head, and his boots and spurs on. They got his body out of the well with only one leg on; the other was brought up by itself, with the boot and spur on it, which, it is supposed, was occasioned by his fall down the well, or else by throwing the logs of wood and stones upon him.

But Steel did not only give information of all the particulars of this transcendent wickedness, but likewise acquainted the justice with the names of the principal actors in it; pursuant to which, warrants were immediately issued, and several of them taken in a short time, and committed to gaol.

John Race, who was another of the King’s witnesses, and concerned with them at the beginning of the affair at Rowland’s Castle, came in and voluntarily surrendered himself, and was admitted an evidence, as Steel had been.

Hammond was taken the beginning of October, and being carried before two magistrates, and it appearing that he was privy to, and concerned in, the murder of Chater, and throwing him into a well near Harting, in the County of Sussex, was committed to Horsham gaol.

John Cobby, being likewise apprehended, was committed to Horsham gaol the 18th of the same month, and for the same crime of murdering Chater.

Benjamin Tapner was also committed to the same gaol the 16th of November following, and on his own confession, of murdering Chater in the manner above stated. He was betrayed by his master, one T—ff, a shoemaker in Chichester, of whom we shall have occasion to speak more at large when we come to give an account of the life of Tapner.

Richard Mills, jun., was apprehended in Sussex, with George Spencer, Richard Payne and Thomas Reoff, about the 16th of August, 1748; and being all brought together under a strong guard to Southwark, were carried before Justice Hammond, who committed them all to the county gaol of Surrey, for being concerned with divers other persons armed with firearms, in running uncustomed goods, and for not surrendering themselves after publication in the London Gazette.

And on the 5th day of October, Richard Mills was detained in the said gaol, by virtue of a warrant under the hand and seal of Justice Hammond, for being concerned in the murder of William Galley and Daniel Chater, whose bodies had a little before been found, as has been related.

William Jackson and William Chater were taken November the 14th, near Godalming in Surrey, and brought up to London under a strong guard the 17th November; and being carried before Justice Poulson in Covent Garden, were, after examination, committed to Newgate, for being concerned with divers other persons in running uncustomed goods, and for not surrendering after publication in the London Gazette.

Old Richard Mills, notwithstanding he knew that all these were taken, and that warrants were out against Henry Sheerman, otherwise Little Harry, of Leigh, near Warblington, labourer; Edmund Richards, of Long Coppice, in the Parish of Walderton, labourer; Thomas Stringer, of Chichester, cordwainer; Daniel Perryer, otherwise Little Daniel, of Norton, labourer; and John Mills (his other son), of Trotton, labourer; all which places are in the county of Sussex; as also against Thomas Willis, commonly called the Coachman, of Selbourne, near Liphook; and Samuel Howard, otherwise Little Sam, of Rowland’s Castle, labourer; both in the county of Hants; for being concerned with the others before-mentioned, in the murders of Galley and Chater, yet he continued at home, never absconding, thinking himself quite safe, as he knew nothing of the murder of Galley, and as to that of Chater, he was seemingly very easy, as he was not murdered in his house, nor he present when the wicked deed was done: but Steel having given an account in his information of the whole affair, which was laid before the Attorney General, that old Major Mills was concerned, as has been before related, by keeping the poor man chained in his skilling or turf-house; and that he was present when they all came down from Scardefield’s, and told him they were come to take Chater up to Harris’s Well, where they intended to murder him, and fling him into it; as likewise that he was present in the turf-house when Tapner cut Chater across his eyes, nose and forehead; and that he did express these words, “Don’t murder him here; take him somewhere else and do it,” it was thought necessary to apprehend him, and accordingly on the 16th of December he was taken, committed to Horsham gaol as being accessary to the murder of Daniel Chater, before the same was committed, and concealing the same; which offence subjects the person so guilty to be hanged.

Combleach, the gardener, who lent them the ladder and rope to get Chater out of the well, when they found that he was not quite dead, having been heard to say, that some of the persons in custody had told him they had murdered two informers against the smugglers, it was thought proper to take him up and examine him, in expectation of some further discoveries; but when Combleach was brought before the magistrates, he refused to give satisfactory answers to the questions asked him, and idly and obstinately denied all that was sworn against him, whereupon he was committed to Horsham gaol on suspicion of being concerned in the murder of Chater.

The smugglers had reigned a long time uncontrolled; the officers of the customs were too few to encounter them; they rode in troops to fetch their goods, and carried them off in triumph by day-light; nay, so audacious were they grown, that they were not afraid of regular troops, that were sent into the country to keep them in awe; of which we had several instances. If any one of them happened to be taken, and the proof ever so clear against him, no magistrate in the county durst commit him to gaol; if he did, he was sure to have his house or barns set on fire, or some other mischief done him, if he was so happy to escape with his life, which has been the occasion of their being brought to London to be committed. But for a man to inform against them, the most cruel death was his undoubted portion; of which we already have given two melancholy instances, and could produce more; one especially is so very notorious, that we shall make a little digression, and relate a few particulars of it, and reserve a more circumstantial account till the trials of these cruel villains are over, who were the horrid perpetrators of it.

Richard Hawkins, of Yapton, in the county of Sussex, labourer, being at work in a barn, two of their gang, in January 1747–8, came to the barn in the said Parish of Yapton, where the poor man was threshing corn.

The names of the two men who came to him were Jeremiah Curtis, of Hawkhurst, in Kent, butcher, and John Mills, of Trotton, in Sussex, labourer (this last one of those who were concerned in the murder of Chater, and who is not yet taken), and having found Hawkins at work, as before mentioned, they told him that he must go along with them; and on his showing some reluctance to comply with their commands, they swore they would shoot him through the head that instant if he did not come away without any more words. Poor Hawkins being terrified at their threats, put on his clothes, and went along with them to the sign of the Dog and Partridge, an alehouse, on Slindon Common, and going into a back room, he saw Thomas Winter, of Poling, near Arundel, and one called Rob, or Little Fat Back, servant to Jeremiah Curtis, who lived in or near East Grinstead. In the back room these two were waiting for them. This was in the afternoon, and having kept Hawkins there till about twelve o’clock at night, took him away; but whither they carried, or what they did with him, was not known for a long time; for the man was not seen, nor heard of, till the body was found in a pond in Parham Park, belonging to Sir Cecil Bishop, in Sussex, upwards of nine months afterwards; and the coroner’s inquest, having sat on the body, they brought in their verdict of wilful murder by persons unknown.

The only reason these villains had to commit this murder on the poor wretch, who left behind a wife and many children, was, on a supposition only, that he had concealed a small bag of tea from them; for they had lodged a quantity of run tea near the barn where the man worked, and when they came to look for it, missed one bag, and imagined he had taken it away; though the villains, on a second search, after they had murdered the man, found the bag of tea where they had hid it, and had overlooked it before.

This murder in itself was as barbarous as that of Mr. Galley; for they made him go with them upwards of ten miles, all the way whipping him, and beating him with the handles of their whips till they had killed him, and then tied stones to his legs and arms and flung him into the pond, which kept the body under water.

These terrible executions, committed by the smugglers on these poor men, and the dreadful menaces which they uttered against any person that should presume to interrupt them, so terrified the people everywhere, that scarce anybody durst look at them as they passed in large bodies in open day-light. And the custom officers were so intimidated, that hardly any of them had courage enough to go on their duty. Some of them they knew they had already sent to France, others had been killed or wounded in opposing them, and Galley, in particular, had been inhumanly murdered by them: so that not only the honest trader suffered by the running of prodigious quantities of goods, which were sold again at a rate that he could not buy them at, unless he traded with them; but the King’s revenue was considerably lessened by this smuggling traffic.

It is no wonder, indeed, that when once a set of men commenced as smugglers, that they should go on to commit the vilest excesses; for when a man has wrought himself into a firm persuasion that it is no crime to rob his King or his country, the transition is easy to the belief, that it is no sin to plunder or destroy his neighbour; and therefore we need not be much surprised that so many of the smugglers have turned highwaymen, housebreakers, and incendiaries, of which we have had but too many instances of late.

The body of the smugglers was now increased to a prodigious number, and the mischiefs they did where-ever they came, at least wherever they met with opposition, were so enormous, that the whole country was afraid of them; and even the government itself began to be alarmed, and to apprehend consequences that might be fatal to the public peace, in case a speedy check was not put to their audacious proceedings. His Majesty, therefore, being perfectly informed of their notorious villainies, and informations being given of many of the names of the most desperate of their gangs, particularly those who broke open the custom-house at Poole, issued a proclamation, with lists of their several names, declaring, that unless they surrendered themselves to justice at a day appointed, they should be outlawed, and out of the protection of the laws of their country; promising a reward of £500, to be paid by the commissioners of the customs, for the apprehension of every one who should be taken, and convicted in pursuance thereof. This, in great measure, has had the desired effect, and several of them have been apprehended, tried, convicted and executed, which was the only satisfaction they could make to public justice. But to return from this digression.

Seven of the notorious villains, who had confederated in the murder of Galley and Chater, being apprehended by the diligence of Government, the noblemen and gentlemen of Sussex, being desirous of making public examples of such horrible offenders, and to terrify others from committing the same crimes, requested his Majesty to grant a special commission to hold an assize on purpose to try them; and represented that as Chichester was a city sufficiently large to entertain the judges and all their train, and as it was contiguous to the place where the murders were committed, they thought it the most proper place for the assizes to be held. Accordingly a commission passed the seals to hold a special assize there the 16th day of January, 1748–9.

On Monday, January 9th, 1748–9, Jackson and Carter were removed from Newgate, as also Richard Mills, jun., from the New Gaol in Surrey, under a strong guard, to Horsham, in their way to Chichester. When they came to Horsham, the other five prisoners, viz., Richard Mills, sen., Benjamin Tapner, John Hammond, John Cobby and William Combleach (the latter committed only on suspicion), who were already in that gaol, were all put in a waggon, and conveyed from thence under the same guard as brought the others from London to Chichester, where they arrived on Friday, the 13th.

On their arrival there they were all confined, being well secured with heavy irons, in one room, except Jackson, who being extremely ill, was put into a room by himself, and all imaginable care was taken of him, in order to keep him alive (for he was in a very dangerous condition) till he had taken his trial.

Having thus brought the prisoners to Chichester, and put them in safe confinement, we shall leave them there for the present, till we meet them again on their trials, of which we are enabled to give the most authentic account of any that has been, or may be, published. After that, we shall attend the prisoners while under sentence of condemnation, and truly relate whatever appeared remarkable in their carriage or demeanour; and then bear them company to the place of execution, where we shall take particular notice of their behaviour and dying words.

But, previous to this, it will be necessary to give some account of the journey of the judges from London to Chichester, in order to rectify some mistakes that were made in the accounts published of it in the public prints.

The judges set out from London on Friday, January the 13th, and arrived at the Duke of Richmond’s house at Godalming in Surrey that evening, where they lay that night, and the next day they set out for Chichester, and were met at Midhurst by his Grace the Duke of Richmond, who entertained their lordships with a dinner at his hunting-house near Charlton. After which they proceeded on their journey, and got into Chichester about five o’clock, and went directly to the Bishop’s Palace. It was reported, though very erroneously, that they were guarded in their journey by a party of horse, both thither and back again; but they had none but their own attendants, except a few servants of his Grace the Duke of Richmond, the judges, counsellors, and principal officers being in six coaches, each drawn by six horses.

On Sunday morning, the 15th, they went to the Cathedral, accompanied by the Duke of Richmond, the Mayor and Aldermen of the Corporation, where an excellent sermon was preached suitable to the occasion, by the Reverend Mr. Ashburnham, Dean of Chichester.

We shall now proceed to give an account of what passed at Chichester during their trials; only observe first, that William Combleach, the gardener (whom we have before observed to have been committed only on suspicion, by his own idle talk, which, no doubt, gave a just foundation for his said commitment) was not ordered to be indicted, nor from the mouths of the witnesses on the trials was his name more than barely mentioned.

Chichester, January 16th, 1748.

This morning between eleven and twelve o’clock, the judges assigned to hold the assize by special commission, viz., the Hon. Sir Michael Foster, Knt., one of the judges of His Majesty’s Court of King’s Bench; the Hon. Edward Clive, one of the Barons of His Majesty’s Court of Exchequer; and the Hon. Sir Thomas Birch, Knt., one of the Judges of His Majesty’s Court of Common Pleas; went from the Bishop’s Palace, preceded by the High Sheriff of the County, with the usual ceremonies, to the Guildhall, where they were met by his Grace the Duke of Richmond, Sir Richard Mill, Sir Cecil Bishop, Sir Hutchins Williams, Barts., John Butler, Esq., Robert Bull, Esq., and others of the commissioners named in the commission for that purpose; and after having opened the said commission, and the same having been read, the gentlemen who were summoned to be of the grand jury, were called over, and the following twenty-seven, who were present, sworn, viz.:

• Sir J. Miller, Bart., foreman.
• Sir M. Fetherstonhaugh, Bart.
• Sir Thomas Ridge, Knt.
• John Page, Esq.
• George Bramston, Esq.
• William Battine, Esq.
• John Winker, Esq.
• Edward Tredcroft, Esq.
• William Winker, Esq.
• Samuel Blunt, Esq.
• William Pool, Esq.
• Peckham Williams, Esq.
• Thomas B. Bilson, Esq.
• Thomas Phipps, Esq.
• William Mitford, Esq.
• James Goble, Esq.
• John Cheal, Esq.
• William Leeves, Esq.
• Richard Nash, Esq.
• Thomas Fowler, Esq.
• William Peckham, Esq.
• William Bartlet, Esq.
• John Hollest, Esq.
• Francis Peachey, Gent.
• John Laker, Gent.
• William Peachey, Gent.
• John Pay, Gent.

As soon as they were sworn, Mr. Justice Foster gave a most learned and judicious charge, taking notice among other things, that this commission, though it did not extend to all the crimes which are cognizable under the general commissions which are executed in the common circuits; yet it did not differ from other commissions granted for holding the assizes, so that they must proceed on this commission in the same method of trial as was usually done in commissions of assizes; that this commission was only to enquire of murders, manslaughters and felonies committed in the county of Sussex, and the accessaries thereto, and therefore the Grand Jury could not take notice of anything else but what was specified in the said commission.

Then his lordship was pleased to say, that the several murders and other crimes, committed by armed persons gathered together contrary to all law, in this and the neighbouring counties, loudly demanded the justice of the nation; and for that reason his Majesty had been pleased to entrust his lordship and brethren with his special commission, that public justice might be done upon the offenders against the public laws of the kingdom, and that the innocent might be released from their confinement.

His lordship likewise took notice of the dangerous confederacies that had been formed for many years past in Sussex and its neighbouring counties, for very unwarrantable and very wicked purposes; even for robbing the public of that revenue which is absolutely necessary to its support, and for defeating the fair trader in his just expectations of profit; and which, without mentioning more, are the necessary unavoidable consequences of that practice which now goes under the name of smuggling; and this, his lordship said, was not all, for this wicked practice had been supported by an armed force; and acting in open day-light, in defiance of all the law, to the terror of his Majesty’s peaceable subjects; and had gone so far in some late instances, as deliberate murders, attended with circumstances of great aggravation, in consequence of those unlawful combinations.

His lordship likewise said, that in case of a murder, wherever it appeared that the fact was committed with any degree of deliberation, and especially where attended with circumstances of cruelty, the usual distinction between murder and manslaughter could never take place; for the fact is, in the eye of the law, wilful murder, of malice prepense; and involves every person concerned, as well those aiding and abetting as those who actually commit the fact, in the same degree of guilt.

His lordship was pleased further to take notice, that where a number of people engage together with a felonious design, every person so engaged, and present aiding and abetting in the fact, is considered as a principal in the felony; and the reason the law goes upon is this, that the presence of every one of the accomplices gives countenance and encouragement to all the rest; so that consequently the fact is considered, in the eye of the law, and of sound reason too, as the act of the whole party, though it be perpetrated by the hands only of one; for he is considered the instrument by which the others act.

And when we say that the presence of a person at the commission of a felony will involve him in the guilt of the rest, we must not confine ourselves to a strict, actual presence as would make him an eye or ear witness of what passes. For an accomplice may be involved in the guilt of the rest, though he may happen to be so far distant from the scene of action, as to be utterly out of sight or hearing of what passes.

For instance; if several persons agree to commit a murder, or other felony, and each man takes his part: some are appointed to commit the fact, others to watch at a distance to prevent a surprise, or to favour the escape of those who are more immediately engaged; the law says, that if the felony be committed, it is the act of all of them; for each man operated in his station towards the commission of it, at one and the same instant. And so much doth the law abhor combinations of this kind, especially where innocent blood is shed, that a man may, in judgment of the law, be involved in the guilt of murder, when possibly his heart abhorred the thoughts of it. For if numbers of people assemble in prosecution of an unlawful design, with a resolution to stand by each other against all opposers, and a murder is committed by one of the party in prosecution of that design, every man so engaged at the time of the murder, is, in the eye of the law, equally guilty with him that gave the stroke.

“Many cases might be put which come under this rule. I will confine myself to a few which the present solemnity naturally suggests.

“For instance: Numbers of people assemble for the purpose of running uncustomed goods, or for any of the purposes which now go under the term of smuggling, with a resolution to resist all opposers (and the riding with firearms and other offensive weapons is certainly an evidence of that resolution); numbers of people, I say, assemble in this manner and for this purpose. They are met by the officers of the revenue; one of the party, in the prosecution of this unlawful design, fires on the King’s officer, and kills him or any of his assistants: the whole party is, in the eye of the law, guilty of murder, though their original intention went no further than smuggling; for that intention being unlawful, the killing in prosecution of that intent is murder, and every man engaged in it partakes of the guilt. The act of one, in prosecution of their common engagement, is considered as the act of all.

“I will go one step further: the party assembled in the manner and for the purposes I have mentioned, is met by the King’s officers, and an affray happens between them; during the affray one of the party fires at the King’s officers, but misses his aim, and kills one of his own party, perhaps his nearest relation or bosom friend (if people of that character are capable of true friendship). This is murder in him and in the whole party too. For if a man upon malice against another strikes at him and by accident kills a third person, the law, as it were, transfers the circumstance of malice from him that was aimed at to him that received the blow and died by it. And consequently, in the case I have just put, the person who discharged the gun being guilty of murder, all his accomplices are involved in his guilt; because the gun was discharged in prosecution of their common engagement, and it is therefore considered as the act of the whole party.

“What I have hitherto said regards those who are present in the sense I have mentioned, and abetting the fact at the time of the commission of it. But there are others who may be involved in the same guilt, I mean the accessaries before the fact. These are all people who by advice, persuasion or any other means, procure the fact to be done, but cannot be said, in any sense, to be present at the actual perpetration of it.

“These persons are involved in the guilt, and liable in the case of wilful murder to the same punishment as the principal offenders are.

“I am very sensible, gentlemen, that I have been something longer than I needed to have been, if I had spoken barely for your information. But on this occasion I thought it not improper to enlarge on some points, that people may see the infinite hazard they run by engaging in the wicked combinations I have mentioned: and how suddenly and fatally they may, being so engaged, be involved in the guilt of murder itself, while perhaps their principal view might fall very short of that crime.”

His lordship having ended his charge, two bills of indictment were presented to the grand jury, one for the murder of William Galley, sen., a custom-house officer in the port of Southampton, and the other for the murder of Daniel Chater, of Fordingbridge, in the county of Hants, shoemaker; when, as soon as the grand jury had received the bills, they withdrew to the council chamber in the North Street; and the following persons were sworn to give evidence before them, who immediately after their being severally sworn in court, went and attended the grand jury, viz., William Steel, alias Hardware, and John Race, alias Raise (two accomplices in the said murders), Mr. Milner, collector of the customs at the port of Poole; Mr. Shearer, collector of the customs at the port of Southampton; William Galley, son of the deceased William Galley; Edward Holton, George Austin, Thomas Austin, Robert Jenkes, Joseph Southern, William Garrat, William Lamb, Richard Kent, Ann Pescod, William Scardefield, Edward Soanes, Mrs. Chater, the widow of the deceased Daniel Chater, John Greentree, George Poate and Mr. Brackstone. And then the court adjourned until nine o’clock the next morning.

Chichester, Jan. 18, 1748–9.

The judges went to the court this morning about nine o’clock, and the court being sat, the seven following prisoners, viz., Benjamin Tapner, John Cobby, John Hammond, William Jackson,[1] William Carter, Richard Mills the younger and Richard Mills the elder, were put to the bar (the grand jury having returned both the bills found into court), and arraigned upon the indictment for the murder of Daniel Chater; the three first as principals, and the other four as accessaries before the fact.

The clerk of the arraigns called upon the several prisoners at the bar to hold up their hands, which being done, he read the indictment aloud, which was as follows, viz.:—

“That you, Benjamin Tapner, John Cobby and John Hammond, together with Thomas Stringer and Daniel Perryer, not yet taken, not having the fear of God before your eyes, but being moved and seduced by the instigation of the devil, upon the 19th day of February, in the 21st year of his present Majesty’s reign, with force of arms, at the parish of Harting, in the county of Sussex, in and upon one Daniel Chater, being then and there in the peace of God, and his said Majesty, feloniously, wilfully, and out of your malice aforethought, did make an assault; and that you, the said Benjamin Tapner, a certain cord or rope made of hemp, of the value of sixpence, which you the said Benjamin Tapner had then and there in your hands, about the neck of him the said Daniel Chater, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did put, bind and fasten; and that you, the said Benjamin Tapner, with the rope aforesaid by him about the neck of the said Chater, so put, bound and fastened as aforesaid; him the said Chater, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did choke and strangle, of which said choking and strangling of him the said Chater, in manner aforesaid, he the said Chater did then and there die. And that you the said John Cobby, and John Hammond, together with Thomas Stringer and Daniel Perryer, both not yet taken, at the time of the felony and murder aforesaid by him the said Benjamin Tapner, so feloniously, wilfully, and out of his malice aforethought, done, perpetrated and committed, as aforesaid, then and there feloniously, wilfully, and out of your malice aforethought, were present, aiding, abetting, comforting and maintaining the said Benjamin Tapner, the said Daniel Chater in manner and form aforesaid, feloniously, wilfully, and out of his malice aforethought to kill and murder. And so that you the said Benjamin Tapner, John Cobby, John Hammond, together with Thomas Stringer and Daniel Perryer, not yet taken, the said Daniel Chater in manner and form aforesaid, then and there with force and arms, feloniously, wilfully and out of your malice aforethought, did kill and murder against his Majesty’s peace, his crown and dignity. And that you, Richard Mills the elder, Richard Mills the younger, William Jackson and William Carter, together with John Mills, Thomas Willis and Edmund Richards, not yet taken, before the felony and murder aforesaid, by them the said Benjamin Tapner, John Cobby, John Hammond, Thomas Stringer and Daniel Perryer, in manner and form aforesaid, feloniously, wilfully, and out of your malice aforethought, done, perpetrated and committed (to wit) upon the said 19th day of February, in the 21st year aforesaid, at the Parish of Harting aforesaid, in the county of Sussex aforesaid, them the said Benjamin Tapner, John Cobby, John Hammond, Thomas Stringer, and Daniel Perryer, the felony and murder aforesaid in manner and form aforesaid, feloniously, wilfully, maliciously, and out of your malice aforethought, to do, perpetrate, and commit, feloniously, wilfully, and out of your malice aforethought, did incite, move, instigate, stir up, counsel, persuade and procure against his Majesty’s peace, his crown and dignity.”

To which indictment they severally pleaded Not Guilty.

This being done, William Jackson and William Carter were arraigned upon the other indictment as principals in the murder of William Gally, otherwise called William Galley.

Which indictment the clerk of the arraigns read aloud to them as follows: “That you, William Jackson and William Carter (together with Samuel Downer, alias Howard, alias Little Sam, Edmund Richards, and Henry Sheerman, alias Little Harry, not yet taken), not having the fear of God before your eyes, but being moved and seduced by the instigation of the devil, upon the 15th of February, in the 21st year of his present Majesty’s reign, with force and arms, at Rowland’s Castle in the County of Southampton, in and upon one William Gally, otherwise called William Galley, being then and there in the peace of God and his said Majesty, feloniously, wilfully, and out of your malice aforethought, did make an assault, and him the said William Galley, upon the back of a certain horse, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did put and set, and the legs of him the said William Galley, being so put and set upon the back of the said horse as aforesaid, with a certain rope or cord made of hemp, under the belly of the said horse, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did bind, tie and fasten; and him the said William Galley, being so put and set upon horseback as aforesaid, with his legs so bound, tied, and fastened under the horse’s belly as aforesaid, with certain large whips, which you had then and there in your right hands, in and upon the head, face, neck, shoulders, arms, back, belly, sides, and several other parts of the body of him the said William Galley, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, for the space of one mile, did whip, lash, beat and strike: by reason whereof, the said William Galley was then and there very much wounded, bruised and hurt; and not being able to endure or bear the misery, pain and anguish, occasioned by his having been so whipped, lashed, beat, and struck, as aforesaid, and by his being so wounded, bruised, and hurt, as aforesaid, then and there dropped down the left side of the said horse, on which he then and there rode, with his head under the horse’s belly, and his legs and feet across the saddle upon the back of the said horse, upon which you, the said William Jackson and William Carter, together with Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards, and Henry Sheerman, otherwise Little Harry, not yet taken, then and there, untied the legs of the said William Galley; and him the said Galley, in and upon the same horse then and there, with force and arms, feloniously, wilfully, and out of your malice aforethought, did again put and set, and the legs of him the said William Galley, being again so put and set upon the said horse as last aforesaid, with the same rope or cord under the belly of the said horse, you then and there, with force and arms, feloniously, wilfully, and out of your malice aforethought, under the horse’s belly did again bind, tie, and fasten; and him the said William Galley[2] being again so put and set upon the said horse, as last aforesaid, with his legs so bound, tied and fastened under the horse’s belly, as last aforesaid, with the said whips which you had then and there in your right hands, as aforesaid, in and upon the head, face, neck, arms, shoulders, back, belly, sides, and several other parts of the body of him the said William Galley, you then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, for the space of half a mile further, did again whip, lash, beat, and strike; by reason whereof he the said William Galley was then and there much more wounded, bruised and hurt, and not being able to endure or bear the misery, pain, and anguish occasioned by his having been so whipped, lashed, beat, and struck, in manner, as aforesaid; and by his being so wounded, bruised, and hurt, in manner as aforesaid, did then and there drop a second time from off the said horse, with his head under the horse’s belly, and his legs and feet across the saddle. Upon which you the said William Jackson and William Carter, together with the said Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards and Henry Sheerman, otherwise Little Harry, not yet taken, then and there again untied the legs of him, the said William Galley, and him, in and upon another horse, behind a certain other person, did then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, put and set, and the said William Galley, being so put and set on horseback, as last aforesaid, with the same whips which you had then and there in your right hands as aforesaid, in and upon the head, face, neck, arms, shoulders, back, belly, sides, and several other parts of the body of the said William Galley, did then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, for the space of two miles further, until you came into the parish of Harting, in the county of Sussex aforesaid, again whip, lash, beat, and strike, by reason whereof the said William Galley was then and there much more wounded, bruised and hurt; and not being able to endure or bear the misery, pain and anguish occasioned by his having been so wounded, bruised and hurt, in manner as aforesaid, then and there in the parish of Harting aforesaid, got off the said horse; upon which you the said William Jackson and William Carter, together with Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards and Henry Sheerman, otherwise Little Harry, not yet taken, him the said William Galley, in and upon another horse, whereon the said Edmund Richards, then and there rode, with the belly of him the said William Galley across the pommel of the saddle, on which the said Richards then and there rode, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did put and lay; but before you had gone the space of eighty yards further, William Galley, not being able to bear the motion of the said horse, on which he was so put and laid as last aforesaid, by reason of having been so whipped, lashed, beat and struck as aforesaid; and by reason of his being so wounded, bruised and hurt, in manner as aforesaid, then and there tumbled off the horse, and fell upon the ground in the common highway there, by which fall he the said William Galley, was then and there much more wounded, bruised and hurt; whereupon you the said William Jackson, William Carter, together with Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards and Henry Sheerman, otherwise Little Harry, not yet taken, him the said William Galley in and upon another horse by himself, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did put and set; but the said William Galley not being able to sit upright on the said last mentioned horse, he the said Henry Sheerman, otherwise Little Harry, did then and there get upon the same horse behind him, the said William Galley, in order to hold him on; but after you the said William Jackson, and William Carter, together with Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards, and Henry Sheerman, otherwise Little Harry, not yet taken, and the said William Galley had rode on a quarter of a mile further together, in manner aforesaid, he the said William Galley, not being able to sit upon the said horse, or ride any further upon the same, through the great misery, pain and anguish, occasioned by his having been so whipped, lashed, beat and struck, as aforesaid; and by his being so wounded, bruised and hurt, in manner as aforesaid, then and there tumbled off the said horse, on which he was so put and set as last aforesaid, and again fell to the ground; and as he tumbled and fell, the said Henry Sheerman, otherwise Little Harry, who rode behind the said William Galley, and upon the same horse with him, in manner aforesaid, then and there with force and arms feloniously, wilfully, and out of his malice aforethought, give to him the said William Galley, a most violent thrust and push; by reason whereof the said William Galley then and there fell, with much more weight and force to the ground than otherwise he would have done; and was thereby then and there much more wounded, bruised and hurt. And that by reason of the said binding, tying and fastening, of him the said William Galley, by you the said William Jackson, and William Carter, together with Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards and Henry Sheerman, otherwise Little Harry, not yet taken, in manner and form aforesaid; and of the whipping, lashing, beating and striking, of him the said William Galley, by you, in manner and form aforesaid; and of the several wounds, bruises and hurts, which he the said William Galley received from such whipping, lashing, beating and striking in manner aforesaid; and other wounds, bruises and hurts which he, the said William Galley so received from the several falls which he so had from off the said horse, on which he was by you so put, set and laid, in manner aforesaid; and of the said thrust and push which he the said Henry Sheerman, otherwise Little Harry, so as aforesaid, gave him the said William Galley, as he the said William Galley so tumbled and fell from off the said horse, as last aforesaid; he the said William Galley, at the parish of Harting aforesaid, in the county of Sussex aforesaid, did die. And further, that you the said William Jackson, and William Carter, together with the said Samuel Downer, alias Howard, alias Little Sam, Edmund Richards and Henry Sheerman, alias Little Harry, not yet taken, him the said William Galley, with force and arms in manner and form aforesaid, feloniously, wilfully, and out of your malice aforethought, did kill and murder, against his Majesty’s peace, his crown and dignity.”

The indictment being read to them, Mr. Justice Foster acquainted the prisoners they might each of them challenge twenty of the panel, without shewing cause; but if they challenged more, they must shew a reasonable cause for so doing; and that if they agreed to join in their challenges they might be tried together, but if they did not, they would be tried separately; and left them to act in that behalf as they should see proper.

The prisoners then consulted among themselves for a little while, and then agreed to join and be tried together. And then the jury were sworn, and charged by the Clerk of the Arraignments, whose names were as follows, viz.:—

• John Burnard, foreman,
• John Hipkins,
• William Faulkner,
• William Hobbs,
• Richard North,
• John Shotter,
• William Halsted,
• Thomas Stuart,
• Henry Halsted,
• William Poe,
• John Woods,
• Christopher Wilson.

The counsel for the King were Henry Banks, Esq., Sidney Strafford Smythe, Esq., and two of his Majesty’s counsel learned in the law; also Mr. Burrel, Mr. Purkes, and Mr. Steele, recorder of Chichester.

Mr. Steele opened the indictment, as soon as the jury were sworn, against the prisoners; after which Mr. Banks very judiciously and learnedly laid down the facts attending the murder, which we choose to give our readers in his own words.

Counsel for the King: “This is an indictment against the seven prisoners at the bar, for the murder of Daniel Chater. It is against the three first, viz., Benjamin Tapner, John Cobby and John Hammond, as principals in that murder, by being present, aiding, abetting and assisting therein; and against Thomas Stringer and Daniel Perryer as principals also, and who are not yet apprehended. And it is against the prisoners, William Jackson, William Carter and Richard Mills the younger, as accessaries before the murder; and also against three others as accessaries before the fact, viz., John Mills, another son of Richard Mills the elder, Thomas Willis and Edmund Richards, not yet taken and brought to justice.

“Although this indictment hath made a distinction between the several prisoners, and divided them into two classes, of principals and accessaries, yet the law makes no distinction in the crime. And in case all the prisoners are guilty of the charge in this indictment, they will be all equally liable to the same judgment and punishment.

“In the outset of this trial I shall not enlarge upon the heinousness of murder in general; nor shall I dwell upon those circumstances in aggravation attending this in particular. When I come to mention those circumstances of cruelty and barbarity, I doubt not but they will have all that effect upon the jury which they ought to have—to awaken and fix your attention to every part of the transaction, and to balance that compassion which you feel for the prisoners, though they felt none for others. The effect I mean these circumstances should and ought to have, is to clear the way for that justice which the nation expects, from your determination and verdict.

“To comply with this general demand of justice upon the prisoners, his Majesty, in order to give the prisoners the earliest opportunity of proving their innocence and of wiping off this foul suspicion of murder they now lie under, or if guilty of a breach of the laws of God and man, that they may suffer the punishment due to their guilt, has been pleased, by a special commission, to appoint this trial to be before their lordships, not less knowing in the laws than tender and compassionate in the execution of them.

“I cannot here omit taking notice of the unhappy cause of this fatal effect, now under your consideration. Every one here present will, in his own thoughts, anticipate my words and know I mean smuggling. Smuggling is not only highly injurious to trade, a violation of the laws, and the disturber of the peace and quiet of all the maritime counties in the kingdom; but it is a nursery for all sorts of vice and wickedness; a temptation to commit offences at first unthought of; an encouragement to perpetrate the blackest of crimes without provocation or remorse; and is in general productive of cruelty, robbery and murder.

“It is greatly to be wished, both for the sake of the smugglers themselves and for the peace of this county, that the dangerous and armed manner now used of running uncustomed goods was less known and less practised here.

“It is a melancholy consideration to observe, that the best and wisest measures of Government, calculated to put a stop to this growing mischief, have been perverted and abused to the worst of purposes. And what was intended to be a cure to this disorder has been made the means to increase and heighten the disease.

“Every expedient of lenity and mercy was at first made use of to reclaim this abandoned set of men. His Majesty, by repeated proclamations of pardon, invited them to their duty and to their own safety. But instead of laying hold of so gracious an offer, they have set the laws at defiance, have made the execution of justice dangerous in the hands of magistracy, and have become almost a terror to Government itself.

“The number of prisoners at the bar, and of others involved in the suspicion of the same guilt, the variety of circumstances attending this whole transaction, the length of time in the completion thereof, and the general expectation of mankind to be informed of every minute circumstance leading and tending to finish the scene of horror, will necessarily lay me under an obligation of taking up more time than will be either agreeable to the court or to myself.

“To avoid confusion in stating such a variety of facts with the evidence and proofs thereof, and to fix and guide the attention of the gentlemen of the jury to the several particular parts of this bloody tragedy, at last completed in the murder of Chater, I shall divide the facts into four distinct periods of time.

“1st. What happened precedent to Chater’s coming to a public-house, the sign of the White Hart, at Rowland’s Castle in Hampshire, kept by Elizabeth Payne, widow, upon Sunday, the 4th of February, 1747–8.

“And this period of time will take in the occasion and grounds of the prisoners’ wicked malice to the deceased and the cause and motive of his murder.

“2nd. What happened after Chater’s arrival at the widow Paine’s, to the time of his being carried away from thence by some of the prisoners to the house of Richard Mills the elder, at Trotton in Sussex.

“This will disclose a scene of cruelty and barbarity, previous to Chater’s murder, and show how active and instrumental the prisoners Jackson and Carter were therein.

“3rd. What happened after Chater was brought to the house of Richard Mills the elder, to the time of his murder, upon Wednesday night, the 17th of that February.

“This will take in the barbarous usage of Chater at Mills’ house; a consultation of sixteen[3] smugglers in what manner to dispose of Chater, and their unanimous resolution to murder him: and will shew Tapner, Cobby and Hammond to be principals therein, and the other four prisoners to be accessaries.

“4th, and last period, takes in the discovery of Chater’s body in a well, where he was hung, with the proofs that it was the body of Chater.

“In the opening of this case, it will be impossible for me to avoid the frequent mention of one William Galley, also suspected to have been murdered: and for whose murder two of the prisoners, viz., Jackson and Carter, are indicted, and are to be tried upon another indictment.

“But the murder of Galley is not the object of your present consideration, nor do I mention his name either to aggravate this crime, by taking notice of his murder also, nor to inflame the jury against the prisoners at the bar; but I do it for the sake of method, and for the purpose only of laying the whole case before the jury; for the story of Chater’s murder cannot be told without disclosing also what happened to Galley, his companion and fellow-sufferer.

“To begin with the first period of time. Some time in September, 1747, a large quantity of uncustomed tea had been duly seized by one Captain Johnson, out of a smuggling cutter, and by him lodged in the custom-house at Poole, in the county of Dorset.

“In the night of the 6th of October following, the custom-house of Poole was broken open by a numerous and armed gang of smugglers; and the tea which had been seized and there lodged, was by them taken and carried away.

“This body of smugglers, in their return, passed through Fordingbridge, where Dimer,[4] one of that company, was seen and known by Chater. Dimer was afterwards taken up upon suspicion of being one of those who had broken open the custom-house, and was in custody at Chichester for further examination, and for further proof that he was one of that gang.

“And in order to prove the identity of Dimer, and that he was one of the gang, Daniel Chater, a shoemaker at Fordingbridge (the person murdered), was sent in company with, and under the care of, William Galley, a tide-waiter of Southampton, by Mr. Shearer, collector of the customs there, with a letter to Major Battine, a Justice of Peace for Sussex, and surveyor general of the customs for that county. Sunday morning, the 14th of February, 1747–8, Galley and Chater set out from Southampton, with Mr. Shearer’s letter, on their journey to Major Battine’s house, at East Marden, in the neighbourhood of Chichester.

“At the New Inn at Leigh,[5] in Havant parish, in Hants, Chater and Galley met with Robert Jenkes, George Austin, and Thomas Austin, and having shewed them the direction of the letter to Major Battine, they told them they were going towards Stansted, where Chater and Galley were informed Major Battine then was; and said they would go with them, and shew them the road. Their direct way to Stansted lay near Rowland’s Castle; but Jenkes and the two Austins carried them to Rowland’s Castle that Sunday about noon, where this cruel plot was first contrived, and in part carried into execution.

“The malice conceived by the prisoners against Chater appears not to have arisen from any injury, or suspicion of injury, done by the deceased to the prisoners. But because Chater dared to give information against a smuggler, and do his duty in assisting to bring a notorious offender to justice, he was to be treated with the utmost cruelty, his person was to be tortured, and his life to be destroyed. What avail the laws of society, where no man dares to carry them into execution? Where is the protection of liberty and life, if criminals assume to themselves a power of restraining the one, and destroying the other.

“Having mentioned the motive of the prisoners in this murder, I shall now open to you a scene of cruelty and barbarity, tending to the murder of Chater, begun at Rowland’s Castle, by the two prisoners Jackson and Carter, in company with others, and from thence continued, until Chater was brought to the house of Richard Mills the elder, at Trotton, upon Monday morning the 15th of February, before it was light.

“And here you will observe how cruelly and wickedly, in general, the gang assembled at Rowland’s Castle behaved; and in particular, how active Jackson and Carter appeared in every step of this fatal conspiracy.

“Soon after Chater and Galley, and the three others, had arrived at Rowland’s Castle, the widow Payne suspected Chater and Galley intended some mischief against the smugglers; and for that purpose enquired of George Austin who the two strangers were, and what their business was. He privately informed her they were going to Major Battine with a letter. She desired he would either direct the two strangers to go a different way from Major Battine’s, or would detain them a short time at her house, until she could send for Jackson, Carter and others. And she immediately sent her son William for the prisoner Jackson; and soon afterwards ordered her other son Edmund to summon the other prisoner Carter, and Edmund Richards, Samuel Howard, Henry Sheerman, William Steel and John Race, who all lived near Rowland’s Castle; and accordingly they all came, as also did Jackson’s and Carter’s wives. They were immediately informed by the widow Payne of what she suspected, and had been informed concerning the two strangers. Jackson and Carter being very desirous of seeing the letter to Major Battine, got Chater out of the house, and endeavoured to persuade him to let them see the letter, and to inform them of the errand to Major Battine. But upon Galley’s coming out to them, and interposing to prevent Chater’s making any discovery, they quarrelled with Galley, and beat him to the ground; Galley complained of this ill-usage, and said he was the King’s officer, and to convince them shewed his deputation.

“Chater and Galley were very uneasy at this treatment, and wanted to be gone; but the gang insisted upon their staying; and in order to secure and get them entirely in their own power, they plied them with strong liquors, and made them drunk; and then carried them into another room to sleep.

“During the two hours Galley and Chater slept, the letter was taken out of Chater’s pocket; whereby it appeared that Chater was going to give information against Dimer. The secret being thus disclosed to the gang, the next thing to be considered of by the smugglers, was how to save their accomplice Dimer, and to punish Chater and Galley for daring to give information against him. For that purpose, whilst Chater and Galley were asleep, several consultations were held.

“It was proposed first to put Galley and Chater out of the way, to prevent their giving information against Dimer; and to that end it was talked of murdering them, and flinging them into a well, a quarter of a mile from Rowland’s Castle, that was in the horse pasture; but the proposal was overruled, fearing a discovery, as the well was so near Rowland’s Castle.

“The next thing proposed was secretly to convey Chater and Galley into France, at that time at war with England.

“The second scheme was, for all present to contribute threepence a week for the maintenance of Chater and Galley, who were to be confined in some private place, and there subsisted until Dimer should be tried; and as Dimer was done unto, so Chater and Galley were to be dealt with.

“The third and last proposal was to murder both.

“With a view and intention to execute this last, and the most cruel proposal, Jackson went into the room about seven that evening, where Chater and Galley lay asleep, and awaked them. They both came out very bloody, and cut in their faces; but by what means, or what Jackson had done to them, does not appear. They were immediately afterwards forced out of the house by Jackson and Carter; the others present consenting and assisting; Richards, one of the company, with a cocked pistol in his hand, swore he would shoot any person through the head who should make the least discovery of what had passed there.

“Chater and Galley were put upon one horse; and to prevent their escape, their legs were tied under the horse’s belly; and both their legs tied together; and the horse was led by William Steel. After they had been thus carried about one hundred yards from Rowland’s Castle, Jackson cried out to Carter and the company, “Lick them, d—n them, cut them, slash them, whip them.” Upon which, they whipped and beat them over their heads, faces, shoulders, and other parts of their bodies, for the space of near a mile. With this cruel treatment they both fell down under the horse’s belly, with their heads dragging upon the ground. They were again put on the horse, and tied as before; and whipped and beat with the like severity, along the road for upwards of half a mile. And when they cried out through the agony of their pain, pistols were held to their heads, and they were threatened to be shot, if they made the least noise or cry. Being unable to endure this continued and exquisite pain, and to sit on horseback any longer, they fell a second time to the ground. By this inhuman usage, they were rendered incapable of supporting themselves any longer on horseback. Galley was afterwards carried behind Steel, and Chater behind Howard, the prisoners Jackson and Carter, with the rest of the company, still continuing their merciless treatment of Chater and Galley, but instead of whipping, they now began to beat them on the heads and faces with the butt-ends of their whips, loaded with lead. When they came to Lady Holt Park, in Sussex, Galley almost expiring with the torture he had undergone, got down from behind Steel; and it was proposed to throw him alive into a well adjoining to that park; in which well Chater was three days after hanged by the same gang. Galley was then thrown across the pommel of the saddle and carried before Richards. He was afterwards laid along alone upon a horse, and supported by Jackson, who walked by him, and was at last carried before Sheerman, who supported him by a cord tied round his breast. When they came to a lane called Conduit-lane, in Rogate parish, in this county, Galley in the extremity of anguish, cried out, “I shall fall! I shall fall!” upon which Sheerman swore, “D—n you, if you will fall, do then;” and as Galley was falling he gave him a thrust to the ground; after which Galley was never seen to move, or heard to speak more.

“Jackson, Carter, and the others, in order to prevent a discovery of the murder of Galley, went about one o’clock on the Monday morning, to the Red Lion at Rake, in Sussex, a public-house, kept by William Scardefield, whither they carried Chater all over blood, and with his eyes almost beat out; and also brought the body of Galley. They obliged Scardefield to shew them a proper place for the burial of Galley; and accordingly he went with Carter, Howard, and Steel, to an old fox earth, on the side of a hill near Rake, at a place called Harting Coombe, where they dug a hole and buried Galley.

“The same morning, and long before it was light, whilst some were employed in the burial of Galley, Jackson and Sheerman carried Chater to the house of Richard Mills the elder, at Trotton.

“I am now come to the third period of time: from Chater’s arrival at the house of Richard Mills the elder, to his murder upon Wednesday night, the 17th of February.

“And here it is that Richard Mills the elder appears to be privy and consenting to the intended murder of Chater. A private house was thought much more proper and safe for the confinement of Chater, than a public-house, at all times open to every man; and therefore Chater was to be removed from Scardefield’s. The prisoners and their companions being no strangers to Old Mills, but his intimate acquaintance, and confederates in smuggling; where could Chater be so secretly imprisoned, as at the private house of the elder Mills? and where could he be more securely guarded than under the roof of one of their gang? With these hopes and reliance, and in full confidence of the secrecy and assistance of Old Mills, Chater was brought to his house by Jackson and Sheerman. When they came there, they told Old Mills they had got a prisoner; he must get up and let them in; upon which Old Mills got up, and received Chater as his prisoner, whose face was then a gore of blood, many of his teeth beat out, his eyes swelled and one almost destroyed. I shall here omit one or two particular circumstances, which the witnesses will give an account of; which shew that Old Mills was also void of all tenderness and compassion.

“Chater was received by him as a prisoner, and a criminal; and therefore was to be treated as such. Old Mills’s house itself was thought too good a prison for him; and therefore he was soon dragged into a skilling or out-house, adjoining to the house, wherein lumber and fuel was kept. And although Chater was in so weak and deplorable a condition as to be scarce able to stand, yet to prevent all chance and possibility of his escape, he was chained by the leg with an iron chain, fastened to a beam of the out-house; he was guarded night and day, sometimes by Sheerman, and sometimes by Howard, who came there that Monday evening. Thus he continued in chains until he was loosened for his execution. But lest he should die for want of sustenance, and disappoint their wicked designs, he was to be fed and just kept alive, until the time and manner of his death was determined. During the whole time of this imprisonment, Old Mills was at home and in his business as usual. He betrayed not the trust reposed in him. He acquainted nobody with what had happened, nor with whom he was entrusted; but like a gaoler, took care to produce his prisoner for execution.

“On Wednesday, the 17th of February, there was a general summons of all the smugglers then in the neighbourhood, at Scardefield’s house, who had been concerned in breaking open the custom-house at Poole, to meet that day at Scardefield’s. Upon which notice, all the prisoners (except Old Mills) came that day to Scardefield’s. And there were also present John Mills, another son of Old Mills, Edmund Richards, Thomas Willis, Thomas Stringer, Daniel Perryer, William Steel and John Race; Howard and Sheerman still continuing at Old Mills’s, and there guarding Chater. It was at this consultation at Scardefield’s unanimously agreed by all present that Chater should be murdered.

“This was a deliberate, serious, and determined act of minds wickedly and cruelly disposed, and executed with all the imaginable circumstances of barbarity.

“At this meeting Tapner, Cobby and Hammond were first concerned in, and became privy and consenting to, this murder. And there also Richard Mills the younger first became an accessary to this murder; but he was so eager in pursuit of it, that he particularly advised and recommended it; and said he would go with them to the execution, but he had no horse. And when he was told that the old man (meaning Chater) was carried by a steep place in the road to Rake, he said—‘If I had been there, I should have called a council of war, and he should have come no farther.’

“About eight o’clock on that Wednesday evening, all who were present at the consultation at Scardefield’s (except Richard Mills the younger, John Mills and Thomas Willis) went from Scardefield’s to the house of Old Mills, where they found Chater chained, and guarded by Howard and Sheerman.

“They told him he must die, and ordered him to say his prayers. And whilst he was upon his knees at prayers, Cobby kicked him; and Tapner, impatient of Chater’s blood, pulled out a large clasp knife, and swore he would be his butcher, and cut him twice or thrice down the face, and across the eyes and nose. But Old Mills in hopes of avoiding the punishment due to his guilt, by shifting Chater’s execution to another place, said—‘Don’t murder him here: carry him somewhere else first.’

“He was then loosened from his chains, and was by all the prisoners (except Mills the father and his son), and by all the gang that came from Scardefield’s, carried back to that well, wherein Galley had before been threatened to be thrown alive. Jackson and Carter left the company some small distance before the others came to the well; but described the well to be fenced round with pales and directed them where to find it; and said—‘We have done our parts,’ meaning we have murdered Galley; ‘and you shall do yours,’ meaning you shall murder Chater.

“Tapner, in order to make good what he had before said, after Chater had been forced over the pales which fenced the well, pulled a rope out of his pocket, put it about Chater’s neck, fastened the other end to the pales, and there he hung Chater in the well until he was dead, as they all imagined.

“They then loosened the cord from the rail of the pales, and let him fall to the bottom of this well, which was dry; and one of the accomplices imagined he heard Chater breathe, and that there were still some remains of life in him.

“To put an end to a life so miserable and wretched, they threw pales and stones upon him. This was the only act that had any appearance of mercy and compassion; and it brings to my remembrance the saying of the wisest of men, fully verified in this fatal instance of Chater’s murder—‘The mercies of the wicked are cruelties.’

“I am now come to the fourth and last period of time.

“And here it is observable, that although Providence had for many months permitted this murder to remain undiscovered, yet it was then disclosed and brought to light when the appointed time was come, and an opportunity given to apprehend and bring to justice many of the principal offenders.

“Upon the 17th of September last, search was made in pursuance of information given, for the body of Chater. And the body was found with a rope about its neck, covered with pales, stones and earth, in that well I have before mentioned, close by Lady Holt Park, in a wood called Harrass Wood belonging to Mr. Carryll.

“By the length of time, from February to September, the body was too much emaciated to be known with any certainty. But by his boots, clothes and belt, there also found, it evidently appeared to be the body of the unfortunate Chater.

“I have now opened to you the substance of all the most material facts: and should the proofs support the truth of those facts, no man can doubt the consequence thereof, that Chater was murdered, and the prisoners were his murderers.”

Mr. Smith, another of the King’s counsel, also spoke as follows, viz.:—

“The crime they are charged with is one of the greatest that can be committed against the laws of God and man, and in this particular case attended with the most aggravated circumstances.

“It was not done in the heat of passion, and on provocation, but in cold blood, deliberately, on the fullest consideration, in the most cruel manner, and without any provocation. The occasion being as you have heard, only because he dared to speak the truth.

“This prosecution, therefore, is of the utmost importance to the public justice of the nation, and to the safety and security of every person; for if such offenders should escape with impunity, the consequence would be, that no crime could be punished. It would teach highwaymen and all other criminals, to unite in the manner those men have done, and whoever received injuries from them would not dare to take any steps towards bringing them to justice, for fear of exposing themselves to the revenge of their companions.

“Our constitution, therefore, which must be supported by a regular administration of justice, and a due execution of our laws, depends, in some measure, on bringing such offenders to condign punishment; and it is to be hoped a few examples of this kind will restore the peace and tranquillity of this county.

“In stating the facts, I shall point out to you the share which every one of the persons at the bar had in this murder.

“In October, 1747, the custom-house at Poole was broken open; the smugglers who did it, on their return, passed through Fordingbridge, where Chater saw Dimer among them; and having declared, so was obliged to make oath of it; on which information Dimer was committed to gaol for further examination: and on the 14th of February, Chater was sent by the collector of Southampton, in company with Galley, with a letter to Mr. Battine, Surveyor General of the customs, in order that Chater might see if the man in gaol was the same person he saw at Fordingbridge.

“These two men, having enquired their way at the New Inn at Leigh, one Jenkes undertook to direct them, and carried them to widow Payne’s, at Rowland’s Castle, who saying she feared they were going to do the smugglers some mischief, sent for Carter and Jackson, Steel, Race, Richards, Sheerman and Howard, who, having made Galley and Chater drunk, and seen the letter to Mr. Battine, consulted what to do with them. Some proposed to murder them, others to send them prisoners to France, and others to confine them, till they saw what had become of Dimer, and to treat them as he was dealt with.

“Having sent Jenkes away, these poor men were left absolutely in the power of the smugglers; and indeed, into worse hands they could not have fallen; had they been taken in battle they would have had quarter, and been treated with humanity; had they fallen into the hand of enemies of those nations who give no quarter, their lot would have been immediate death; but as it was their hard fate to fall into the hands of smugglers, to have neither quarter or immediate death, but they were reserved to suffer the most cruel usage for several days and afterwards murdered.

“These poor wretches, after having been beat and abused at Payne’s by Carter and Jackson, and the rest of the gang, were carried away by force, both set on one horse, with their legs tied under the horse’s belly, and whipt and beat by direction of Carter and Jackson, till they fell; then they were set up again in the same manner, and whipt and beat again, till they fell a second time; and were then set on separate horses, and used in the same manner, till Galley had the good fortune to be delivered by death from their cruelty; after which they carried Chater, who was bloody and mangled with the blows and falls he had received, to Scardefield’s, at the Red Lion at Rake, who observed Jackson’s coat and hands bloody; and while Carter and the rest buried Galley, Jackson and Sheerman carried Chater to old Mills’s in the night, between the 14th and 15th of February, where he was chained by the leg in the skilling, or out-house, till the Wednesday night following, and Sheerman and Howard guarded him.

“Imagine to yourselves the condition of this unhappy man, certain to die by their hands, uncertain only as to the time, and the cruel manner of it: suffering for three days and three nights pain, cold and hunger; and what was infinitely worse, that terror and anxiety of mind which one in his situation must continually labour under; he must doubtless envy the condition of his companion Galley, who by an early death was delivered from the misery he then endured.

“On Wednesday following, the 17th of February, all the prisoners at the bar (except Old Mills) met at Scardefield’s, and there were present also seven more; at which meeting it was unanimously agreed by all present to murder Chater; and Young Mills particularly advised it; and said if he had a horse he would go with them and do it; and either then, or at another meeting at Scardefield’s, when Carter and Jackson said, that as they came along, they brought Chater by a steep place thirty feet deep, Young Mills said, ‘If I had been there I would have called a council of war, and he should have come no further.’

“This being determined, the prisoners Tapner, Cobby, Hammond, Carter and Jackson, together with five more of that company went to Old Mills’s, where they found Chater chained and guarded by Sheerman and Howard, and told him he must die; he said he expected no other. Tapner then said he would be his butcher, and, taking out a knife, cut him across the eyes and nose; on which Old Mills said, ‘Don’t murder him here, but take him somewhere else first.’

“Tapner, Cobby, Hammond, Carter, Jackson, and the rest, who came there together, with Sheerman and Howard, then carried him away to murder him: Sheerman, Howard and Richards, having been concerned in Galley’s murder, said the rest should kill Chater, and therefore went away to Harting; Carter and Jackson having been likewise concerned in Galley’s murder, when they came to Lady Holt Park Gate, turned in there, and left the others; having first told them, ‘The well is a little way off, you can’t miss it; ’tis fenced round with pales, to keep the cattle from falling in.’

“Tapner, Cobby, Hammond, Carter, Jackson, and the rest, went then to the well, where Tapner put a rope round Chater’s neck to hang him; and some of the pales being broken down, Chater would have crept through. Tapner would not let him, but made him climb over the pales, weak as he was, and then hanged him in the well about a quarter of an hour, till they thought him dead; then having drawn him up till they could take hold of his legs, they threw him headlong into the well; and fancying they heard him breathe or groan, threw posts and stones in upon him, and went their way.

“The terror of this act of cruelty had spread through the country, stopt every person’s mouth who had it in their power to give any information; so that the body was not found till September, when it was so putrified and consumed as not to be known but by the belt, and which Chater’s wife will prove to be her husband’s. If there was any doubt as to the identity of the man, we could shew likewise, that being examined by the smugglers just before he was murdered, he said his name was Daniel Chater.

“It appears therefore from this state of the case that all the prisoners are guilty of the indictment; Tapner was present at the consultation at Scardefield’s, and was the person who hanged him; Cobby and Hammond were present at the consultation, helped to carry him to the well, and were present at the murder, and therefore equally guilty with Tapner as principals; Carter and Jackson took him away by force from Payne’s, and the treatment of him there on the road shewed an intention from the first to murder him, though perhaps the particular death he was to suffer was not then agreed on. They were afterwards present at the consultation at Scardefield’s, where it was resolved to murder him, and went almost to the well with him; and when they parted, gave those who murdered him particular directions to the well. Young Mills was also at the consultation, and particularly advised and directed the murder, in which he declared he would have joined if he had a horse. Old Mills, though he kept no public-house, receives this man brought in the night, in a bloody and deplorable condition. Chater is chained in his out-house from Sunday night till Wednesday; yet Old Mills never discovers it to any person, or uses any means to deliver him, which is a strong evidence of his knowledge of their design; and when Tapner declared he would be his butcher and cut him, Old Mills expresses no disapprobation of the murder, does not dissuade him from it, but desires him ‘not to do it there, but carry him somewhere else first,’ which shews his approbation of the fact; though to secure himself he would have had it committed at some other place.

“This, gentlemen, is the fact, which shews that securing themselves and their companions was not their principal aim; were it so, they would have murdered this man as soon as they had him in their power; but their motive seems to have been revenge, and a disposition to torture one who should dare to give any information which might bring them or their friends into danger.

“After hearing the whole evidence, if these men appear innocent, God forbid they should be found guilty; and I would not have the cruel circumstances of the fact incline you to believe anything we suggest that is not supported by the strongest proof; but if the fact is proved beyond a possibility of doubt to be in the manner we have stated it, I am sure you will do your duty, and by a just and honest verdict deliver your country from men so void of humanity.”

The king’s counsel having finished what they had to premise, proceeded to call the witnesses for the crown in support of the charge; the first witness called was Mr. Milner, collector of the customs at Poole, who deposed that about the 17th of October, 1747, he had advice that the custom-house was broken open; upon which he hastened thither, and found the outer door burst open, and the other door broken in pieces; that the room wherein some run tea was lodged, that was taken by Captain Johnson, was broken open, and all the tea carried away, excepting a little bag containing about four or five pounds.

Mr. Shearer, collector of the customs at Southampton, was next called, who deposed that in February last he received a letter from the commissioners of the customs, acquainting him that one John Dimer was committed to Chichester gaol on suspicion of breaking open the custom-house at Poole, with directions to send the deceased Daniel Chater, who could give some information against Dimer, to Justice Battine, the Surveyor General, and to acquaint Justice Battine with the occasion of his sending Chater; that he accordingly sent Chater with a letter addressed to Justice Battine, under the care of one William Galley, a tidesman in the port of Southampton; that they set out on Sunday morning, the 14th of February last. He could not take upon him to say how Chater was dressed, but he remembered he rode upon a dark brown horse, and had a great coat on, with another coat under it, and upon the under coat a belt; he could not recollect how Galley was dressed, but remembered that he was mounted upon a grey horse.

The next witness called and sworn was William Galley, the son of the deceased William Galley, who deposed that he remembered his father’s setting out upon this journey to Justice Battine, in February last; that he saw the letter to Justice Battine the night before his father set out, and saw the directions; he remembered the dress his father had on: it was a blue great coat, with brass buttons covered with blue, a close bodied coat, of a light brown colour, lined with blue, with a waistcoat and breeches of the same, and that he rode on a grey horse; he remembered that Daniel Chater, a shoemaker at Fordingbridge, set out at the same time with his father, and had on a light surtout coat, with red breeches, and a belt round him, and rode upon a brown horse; that this was the last time he ever saw his father alive, and that he never saw Chater since.

Edward Holton was next called and sworn, who deposed that on the 14th of February last he saw Daniel Chater and another person, whom he took to be Mr. Galley, at his own house at Havant, in the county of Hants; that he knew Chater very well, and had some conversation with him; that Chater told him he was going to Chichester upon a little business, and then went out to Galley, and brought in a letter, which was directed to William Battine, Esq., at East Marden; upon which he (the witness) told him he was going out of the way; Galley wished he would direct them the way, that he directed them to go through Stanstead, near Rowland’s Castle; and that they said they should be back again the next day.

George Austin being called and sworn, deposed that on Sunday, the 14th of February last, he saw two men, one mounted on a brown horse and the other on a grey, at the New Inn at Leigh, in the parish of Havant; that they came to the New Inn when he was there and enquired the way to East Marden, to which place he was going to direct them, when one of the men who had a blue coat on, pulled a letter out of his pocket, which he (the witness) looked at, and seeing it was directed to Justice Battine at East Marden, he told them they were going ten miles out of their way, and that he and his brother, Thomas Austin, and his brother-in-law, Robert Jenkes, were going part of their road, and would conduct them the best they could; that they went no further together than to a place called Rowland’s Castle, to a public-house which was kept by the widow Payne; the two strangers, Galley and Chater, called for rum at the widow Payne’s. This was about the middle of the day, or something after. That the widow Payne asked him if he knew these men, or whether they belonged to his company; he told her they were going to Justice Battine’s, and that he was going to shew them the way; she then said she thought they were going to do harm to the smugglers, and desired him to set them out of the way; which he refused. She then seemed uneasy, and she and her son consulted together; that her son went out, and the prisoner Jackson came in a little time; that the prisoner Carter and several more came thither soon afterwards. He knew none but Jackson and Carter[6]. That Jackson enquired where the two men were bound for, and the man in the light coat answered they were going to Justice Battine’s, and from thence to Chichester: but Carter was not by at that time; that Galley and Chater had some rum, and Jackson called for a mug of hot—which was gin and beer mixed, or something of that kind—to the best of his knowledge they all drank together; he did not see any ill-treatment, nor either of the men bloody whilst he was there; that he went away between two and three, and left the two men there; the widow Payne called him out of doors, and told him his brother Jenkes wanted to speak to him; when he came out his horse was at the hedge by the back door, and his brother said he wondered why the two men did not go away; upon which he went back again into the house, and his brother was uneasy because he did so; that the widow Payne advised him to go home, and said the two men would be directed the way: he was uneasy at going without them, because he saw so many men come in, and imagined they had a design to do some harm to them; that when he went away, Jackson and Carter were left with the two men, Galley and Chater, to the best of his knowledge; and Jackson, as well as the widow Payne, persuaded him to go home, saying it would be better for him. He was positive that Jackson and Carter were there, for he knew them very well.

The Court asked Jackson and Carter if they would ask the witness any questions,

To which they both answered they had no questions to ask him.

Thomas Austin was then called, who deposed that he was at the New Inn at Leigh on Valentine’s Day last, with his brother George, where he saw two men who enquired the way to Justice Battine’s; he went from thence with them to Rowland’s Castle; they went to the widow Payne’s at that place, and called for a dram of rum; the prisoners were not there at first, but in a little time Jackson came, and soon afterwards the prisoner Carter. That the widow Payne spoke to him at the outer door before either of the prisoners came and asked him if he knew the two men, and said she was afraid they were come to do the smugglers some mischief, and that she would send for William Jackson; accordingly her son went for him, and he soon came, and another little man and his servant. This witness further deposed that he saw in the house one Joseph Southern and the prisoner Carter, but that Carter did not come so soon as Jackson. That Jackson struck one of the men who had a blue coat on, but they were all soon appeased, and then they all drank very freely, and he was drunk and went to sleep, and the two men were fuddled and went to sleep in the little room: that about seven o’clock Jackson went into the room and waked the two men; after they came out, the two men were taken away by Jackson and Carter, and one William Steel and Edmund Richards; but he did not remember they were forced away, and did not see them upon the horses, nor did he ever see them any more; this was between seven and eight o’clock.

Being asked whether he saw either of the men produce his deputation or heard any high words,

He said he did not; that he was asleep the best part of the afternoon, and did not see any ill-treatment, but that one blow which he had mentioned.

Being cross-examined at the request of the prisoners,

He deposed that he did not know who the two strangers were, but they were the same two persons that his brother George had just spoken of, and had a letter for Justice Battine; that one of them had a blue coat on, and rode upon a grey horse, and the other man rode upon a brownish horse; that he did not see the direction of the letter, but he heard it read by Robert Jenkes.

The next witness produced was Robert Jenkes, who came with the two deceased men from Leigh to this house, along with George and Thomas Austin, who, being sworn, deposed: that he saw two men upon 14th February last, at the New Inn at Leigh, one of them upon a brownish horse, the other upon a grey, and dressed in riding coats; that they were the same men that the witnesses George and Thomas Austin had spoken of; that they all went together to Rowland’s Castle, and got there about twelve o’clock, and went into a house there which was kept by the widow Payne. He did not hear her give any directions to send for anybody; but the prisoners Carter and Jackson soon came thither; that whilst he was there he did not see any abuse, or observe that either of them were bloody, and that he had no conversation with Jackson further than that Jackson said he would see the letter which was going to Major Battine, and Carter, he believed, might say so too; when he wanted to go away, Jackson would not suffer him to go through the room where the two men were (for the two men were carried into another room), but Jackson told him if he had a mind to go, he might go through the garden to the back part of the house where his horse should be led ready for him; that he did so, and found his horse there and went away.

Being now particularly asked if he could say why Jackson refused his going through the room where the two men were, he answered he could not be certain, but believed it was for fear the two men should go away with him; and that he did not order his horse to be led round to the garden himself; and that George Austin and he went away together upon his horse, and that Jackson declared he would see the letter one of the men had in his pocket; and the witness saw the direction of it was William Battine, Esq., at East Marden.

Being cross-examined by the prisoner Carter, whether Carter said he would see the letter, he answered that both Carter and Jackson said they would see the letter for Justice Battine; that he (the witness) did not order his horse to be carried to the back part of the house; and that Carter was by, when he was told by Jackson, that if he had a mind to go, his horse should be led to the back part of the house.

Joseph Southern deposed that on Sunday, the 14th February last, he saw Jenkes, the two Austins, and two other men coming from Havant towards Rowland’s Castle. One of them had a blue coat on, and rode a grey horse; and he went to Rowland’s Castle himself that day, and saw Jenkes, the two Austins, and the same two men sitting on horseback, drinking at the widow Payne’s door; he stayed there best part of an hour, and saw them and several other persons in the house; that he saw Carter and Jackson in the house whilst he stayed there; he sat down and drank a pint of beer by the kitchen fire, but the other persons were in another room; that he saw the two men come out to the door and go in again, and one of them had an handkerchief over his eye, and there was blood upon it; that he met this man as he was going in, and heard him say to Jackson, “I am the King’s officer, and I will take notice of you that struck me.” That Carter was not present when this was said, but was in the house: the man who spoke thus to Jackson had a parchment in his hand; he likewise saw a letter in his hand, and heard him say he was going to Justice Battine with it; that he (the witness) went away between two and three o’clock, and did not know what became of the letter, nor had he heard either Jackson or Carter say what became of it.

This being all Mr. Southern had to say, and Jackson and Carter, though asked particularly if they would have him asked any questions, saying they had none, he was set down.

William Garret deposed that he was at the widow Payne’s on the 14th of February last, and saw Jackson and Carter and two strangers there; that one of them who had a blue coat on, had received a stroke upon his cheek, and the blood run down just as he came in; this man was standing up by the back of a chair, and Jackson by him, and he heard Jackson say, “that for a quartern of gin he would serve him so again,” by which he understood that Jackson had struck him before. He did not hear the man say he was the King’s officer, but he heard Jackson say, “You a King’s officer! I’ll make you a King’s officer, and that you shall know.” Then when he went away he left them all there.

The prisoners would not ask this witness any questions.

The next witness produced was William Lamb, who being sworn, deposed, that he went to the widow Payne’s, at Rowland’s Castle, on the 14th of February last, about four in the afternoon, and found Jackson and Carter there; that before he went he saw one of the widow Payne’s sons call Carter aside, at his house at Westbourne; that there were several other people there (Rowland’s Castle) in another room, amongst whom were Thomas Austin and two men that were strangers to him, one of whom had on a blue great coat. He further deposed that the two men who were strangers he understood were going with a letter to Justice Battine; but that he saw no ill-treatment during the little time he stayed there. He said that during the time he was there Edmund Richards, one of the company, pulled out a pistol, and said that whoever should discover any thing that passed at that house, he would blow his brains out. But that Jackson and Carter, two of the prisoners, were not in the room when these words were spoken, as he verily believes. He saw, he said, the man in the blue great coat, pull a parchment out of his pocket, and he heard him tell the people he was the King’s officer; his wig was then off, and there was blood upon his cheek; that he saw a letter, which he understood to be going to Mr. Battine; and Kelly and the prisoner Carter had it in their hands, but he did not know how they came by it; that he did not see the direction of the letter; but he observed it was broken open when he saw it in the hands of Carter and Kelly, and he understood, by the discourse of the company, that it was a letter which the two strangers were to carry to Mr. Battine, but he never heard it read.

The prisoners Carter and Jackson would not ask him any questions.

Richard Kent deposed, that he was at the widow Payne’s on the 14th of February; that he saw Jackson and Carter, and many others, particularly two strangers, who he supposed were Galley and Chater; that they took the strangers out with them, and that Edmund Richards told him that if he spoke a word of what he had heard or seen he would shoot him; but Jackson and Carter were not in the room when Richards said this.

George Poate deposed that he was at Rowland’s Castle on Sunday, the 14th of February last, about seven o’clock in the evening, and saw nine men there; Jackson and Carter were two of them; he stayed there about half an hour, and as soon as he came in he saw four or five men with great coats and boots on, most of them upon their legs, as if they were just going; he went and warmed himself by the kitchen fire, and soon after he heard the stroke of a whip, repeated three or four times, in a little room that was at the corner of the kitchen, but did not see who gave the blows, nor who received them; that he afterwards heard a strange rustling of people, more than before, and saw seven or eight men come into the kitchen; that he knew Jackson and Carter, and William Steel, Edmund Richards, and two that went by the names of Little Sam and Little Harry; there were two other persons there, whom to his knowledge he had never seen before or since, and could give no account of them, nor did he observe how they were dressed; that soon after he thought he heard a blow, and saw Jackson in a moving posture, as if he had just given a blow, and was drawing up his arm in a proper form, as if he was going to give another; but William Payne stepped up, and called him a fool and a blockhead for so doing; upon which he sunk his arm, and did not behave in a like manner any more in his sight; that just as they were going out of doors, Jackson turned round with a pistol in his hand, and asked for a belt, or string, but nobody gave him either, and he put his pistol into his pocket, and went away with the rest; that by the trampling of horses he supposed they all went on horseback, but which way he knew not; it was between seven and eight o’clock, as nigh as he could guess, when they went off; he did not hear any conversation about one of the strangers being a King’s officer, nor did he see the blow given, nor the person to whom the other blow was going to be given.

The prisoners Jackson and Carter said they had no questions to ask this witness.

Then his Majesty’s counsel desired that John Raise, otherwise Race, he being an accessary to the fact, should be called, who appearing and being sworn, deposed, that on Sunday, the 14th of February, he was at Rowland’s Castle between twelve and one o’clock at noon; that when he came there he found Edmund Richards, William Steel, the prisoners Carter, Jackson, and Little Sam, Richard Kelly, Jackson’s wife, and Galley and Chater; he saw Jackson take Chater to the door, and heard him ask him if he knew anything of Dimer the shepherd, and Chater answered he did, and was obliged to go and speak against him; that Galley then went out to keep Chater from talking to Jackson; whereupon Jackson knocked Galley down with his fist; that Galley came in again, and soon after Jackson and Carter. When they were all come in, he (the witness) with the prisoners Jackson and Carter, and Edmund Richards, went into the back room; that there they enquired of Jackson what he had got out of the shoemaker (meaning Daniel Chater); that Jackson informed them that Chater said he knew Dimer and was obliged to come in as a witness against him; that then they consulted what to do with them (Chater and Galley)—this was about three o’clock in the afternoon: they first proposed to carry them to some secure place, where they might be taken care of till they had an opportunity of carrying them over to France; and that when this proposition was made, the prisoners Jackson and Carter, and Richards and himself were present. This resolution was taken to send them out of the way, that Chater should not appear against Dimer; and afterwards it was agreed to fetch a horse and carry them away; that Galley and Chater appeared very uneasy, and wanted to be gone; and thereupon Jackson’s wife, to pacify them, told them that she lived at Major Battine’s and her horse was gone for, and as soon as it came she would shew them the way to Mr. Battine’s; that he (the witness) then went away, and saw no more of them that night.

Being cross-examined at the request of the defendant’s counsel, he said, “At this consultation there was nothing mentioned, as he remembered then, but the securing them in order to carry them to France.”

This witness having gone thus far in his evidence, was set by for the present; the counsel for the crown declaring that they would call him again, to give an account of what passed on the 17th, when Chater was murdered, after they had examined the next witness.

Then William Steel, one of the accomplices in both the murders from beginning to end, was sworn, who deposed that he was sent for to the widow Payne’s on Sunday, the 14th of February; that Jackson, Little Sam, one Kelly, and two men more, and Jackson’s wife, were there when he came, which was about two o’clock in the afternoon, and soon afterwards Little Harry, Carter, Edmund Richards, John Race, the last witness, and Carter’s wife came thither; he said he did not know how Carter or Jackson came to be there, but the widow Payne’s son came and called him out, and said he must go to the Castle, his mother’s, for there were two men come to swear against the shepherd; that when he came in he found the two strangers, Galley and Chater, and Jackson, Carter, Richards, and some others; and that they were in general sober, but they sat drinking together about two hours; that Jackson took Chater out of the house to examine him about Dimer; and after they had been out some time, Galley went out to them, but soon returned, and said Jackson had knocked him down; the witness saw he was bloody all down the left cheek; that Jackson was not in the room when Galley came in, but came in with Carter a little time afterwards; that then Galley, addressing himself to Jackson, said he did not know any occasion Jackson had to use him in that manner, and that he should remember it, and took down his name in Jackson’s presence. Galley likewise said he was an officer, and shewed his deputation to the people that were in the room.

This witness, continuing his deposition, said Galley and Chater began to be very uneasy, and wanted to be going, but that the prisoners Jackson and Carter, and the rest of them that were smugglers, persuaded them to stay, and be pacified, and all things should be set right; and the company continued drinking till Galley and Chater were quite fuddled, and were carried into a little inner room to sleep; this was about four or five o’clock, and they continued in the little room two or three hours; the rest of the company sat drinking all the while, consulting what to do with Galley and Chater. The prisoners Jackson and Carter, and Little Sam, Little Harry, Richards, and the witness were at the consultation. It was proposed to put them (Galley and Chater) out of the way, because they should not appear against the shepherd, meaning Dimer; after which it was proposed to throw them into the well in the horse pasture, about a quarter of a mile from Rowland’s Castle, but that it was thought not convenient to put them into a well so near, for fear of discovery.

Here the question was particularly asked Steel, the witness, which of them it was that proposed the murdering them directly and flinging them afterwards down the well; to which he replied, he believed he might.

After this it was next proposed to join and each man to allow them threepence a week, and to keep them in some secret place till they saw what became of Dimer, and as Dimer was served, so these two people (Chater and Galley) were to be served. This was talked of while Chater and Galley were asleep and there was no other proposal made as he heard at that time: but while they were talking of these things, the wives of Carter and Jackson said it was no matter what became of them (Galley and Chater), or what was to be done with them; they ought to be hanged, for they were come to ruin them, meaning the smugglers. He then said that about seven o’clock Carter and Jackson went into the inner room and waked Galley and Chater, and brought them out of the room very bloody and very drunk; he did not see what passed in the room, but was sure they did not go in so bloody, and he believed Jackson and Carter had kicked and spurred them, for they had put on their boots and spurs; that then Jackson and Carter brought them (Galley and Chater) out into the kitchen; and took them through to the street door all very bloody, when they set Galley the officer upon a brown or black horse and Chater up behind him; that Jackson, Carter and Richards put them on horseback, and tied their legs under the horse’s belly and also their legs together; then they tied a line to the bridle, and he (the witness) got upon a grey horse and led them along; that just after they had turned round the corner about 70 or 80 yards from the house, Jackson cried out “Whip them, lick the dogs, cut them.” It was then dark, and the company whipped and lashed them with their horse-whips, some on one side and some on the other with great violence, on the face and head and other parts of the body, and continued doing so while they rode about half a mile to a place called Woodash, or Wood’s Ashes; that there they alighted and Little Sam gave all the company a dram or two, but none to Galley and Chater; that as they were mounted again Jackson and Carter cried out, “D—n them, lick them, whip them,” and they were whipped as before for about a mile further, and then they fell down under the horse’s belly, with their heads upon the ground and their legs over the saddle; upon which Jackson and Carter and some of the others of the gang dismounted and untied Galley and Chater, and immediately set them up again, and their legs were tied together in the same posture, and the company went on whipping them as before till they came to a place called Dean,[7] which was about half a mile further. They were beat very much, and in the judgment of the witness, it was almost impossible they should sit their horses; that when they came to Dean somebody of the company pulled out a pistol and said he would shoot them (Galley and Chater) through the head, if they made any noise whilst they went through the village. He could not tell who it was that threatened to shoot them, but apprehends it was done for fear the people in the village should hear them. They went on at a foot pace, and after they got through Dean they were whipped again as before; and when they came near a place called Idsworth, they fell down again under the horse’s belly, and then some of the company loosed them, and set up the officer (Galley) behind him (the witness), and Chater behind Little Sam, and in this manner they proceeded towards Lady Holt Park, which is near three miles from Idsworth, whipping Galley and Chater as before. But the lashes of their whips falling upon the witness as he sat before Galley, he (the witness) could not bear the strokes, and therefore he cried out, and then they left off whipping Galley in that manner.

This witness further said that Galley sat upon the horse till they got to Lady Holt Park, and then being faint and tired with riding, he got down; and then Carter and Jackson took him, one by the arms and the other by the legs, carried him towards a well called Harris’s Well by the side of Lady Holt Park; and then Jackson said to Carter “We’ll throw him in the well,” to which Carter replied “With all my heart;” and Galley seemed very indifferent what they did with him; but some of the company saying ’twas a pity to throw him into the well, Jackson and Carter set him up behind the witness again and Chater was still behind Little Sam. They went on in this manner till they came to go down a hill, when Galley was faint and tired, and could not ride any further and got down there; upon which Carter and Jackson laid him on a horse before Edmund Richards, with his belly upon the pommel of the saddle. They laid him across the horse because he was so bad that they could not contrive to carry him in any other manner, and they carried him so for about a mile and a half from the well; that then Richards, being tired of holding him, let him down by the side of the horse; and Carter and Jackson put him upon the grey horse that he (the witness) was upon, and the witness got off. They set him up, his legs across the saddle and his body lay over the horse’s mane; that in this posture Jackson held him on and he did not remember that anybody else held him at that time; that they went on for about half a mile in this manner, Galley crying out all the time “Barbarous usage! barbarous usage! for God’s sake shoot me through the head or through the body.” He (the witness) thought Jackson was at this time pinching him by the private parts, for there were no blows given when he cried so; that Chater was still with the company behind Little Sam, and they went on for about two miles and a half further, the company holding Galley by turns on the horse until they came to a dirty lane, at which place Carter and Jackson rode forwards, and bid the rest of the company stop at the swing gate beyond the water till they should return. Jackson and Carter left them here and went to see for a place proper for taking care of Chater and Galley, but soon came to them again at the swing gate and told them that the man of the house whither they went was ill and that they could not go thither, by which he understood that they had been in the neighbourhood to get entertainment. It was then proposed to go forward to one Scardefield’s, and Little Harry tied Galley with a cord and got up on horseback behind him in order to hold him up on the horse, and they went on till they came to a gravelly knap in the road at which place Galley cried out “I shall fall! I shall fall!” whereupon Little Harry said, “D—n you, then fall,” and gave him a push, and Galley fell down and gave a spirt, and never spoke a word more. He (the witness) believed his neck was broke by the fall; that they laid him across the horse again and went away for Rake to the sign of the Red Lion, which was kept by William Scardefield; that Chater was behind Little Sam and was carried to Scardefield’s house and was very bloody when they came to Scardefield’s; that Jackson and Little Harry went from Scardefield’s with Chater about three o’clock in the morning and Jackson afterwards returned to Scardefield’s and said he had left Chater at Old Mills’s, and that Little Harry was left to look after him that he might not escape. This was Monday, the 15th of February, and they remained all that day at Scardefield’s; that the prisoner Richard Mills the younger was there on that day, and upon hearing from Jackson and Carter that they had passed by a precipice thirty feet deep when they had Chater with them, he said, “If I had been there I would have called a council of war on the spot, and he (Chater) should have gone no further,” or to that effect.

That two or three days afterwards the company met at Scardefield’s again, to consult what to do with Chater; that the prisoners John Race, Carter and Jackson, the prisoner Richard Mills the younger (a son of the prisoner Richard Mills the elder), Thomas Willis, John Mills (another son of old Mills), the prisoners Tapner, Cobby, Hammond, and Thomas Stringer, Edmund Richards, and Daniel Perryer, and he (the witness) were consulting what to do with Chater, and John Mills[8] proposed to take him out, and load a gun, and tie a string to the trigger, and place him (Chater) against the gun, and that they should all of them pull the string, to involve every one of them in the same degree of guilt; but this proposal was not agreed to. Then Jackson and Carter proposed to carry him back to the well near Lady Holt Park, and to murder him there, which was agreed to by all the company; but Richard Mills the younger and John Mills said they could not go with them to the well, because they had no horses; and as it was in their (the other persons’) way home, they might do it as well without them; and so it was concluded to murder Chater, and then throw him into the well.

As soon as it was agreed amongst them to murder Chater and fling him down the well, they went away for Rake to the house of the prisoner Richard Mills the elder, and found Chater in a back skilling or out-house, run up at the back of Mills’s house, a place they usually put turf in; where they found him chained with an iron chain to a beam in the skilling; that Chater was bloody about the head, and had a cut upon one of his eyes, so that he could not see with it; that the prisoner Richard Mills the elder was at home, and fetched out bread and cheese for them to eat, and gave them drink; that the house is a private house, no alehouse; that they all of them went to and again, between the house and the skilling, and that the prisoner Richard Mills the elder was at home all the while; that the prisoner Tapner bid Chater go to prayers, and pulled out a large clasp knife, and swore he would be his butcher; and while Chater was at prayers, he cut him across the eyes and nose, and down his forehead, so that he bled to a great degree. He was ordered by some others of the company to say his prayers, for they were come to kill him, and kill him they would; and some of the company were then in the skilling, and the rest of them were in the house, but no one interposed to save his life; that he (the witness) was in the skilling when Chater was advised to say his prayers and was cut, and that Chater was chained by the leg at the time.

When they had kept him there as long as they thought fit, someone unlocked the chain and set him on horseback, and Race, Richards, Little Harry, Little Sam, the prisoners Tapner, Stringer; the prisoners Cobby, Hammond and Perryer; the prisoners Jackson, Carter, and the witness, set out with him to Lady Holt Park, to carry him down to the well; that when they came to a place called Harting, Richards, Little Harry and Little Sam went back; and when the rest came to the white gate by Lady Holt Park, Carter and Jackson left them, but first told them they must keep along a little further, and they could not miss the well, for there were white pales; that it was about 200 yards further, some pales on the right hand of it, and that there were pales round the well. They went on, found the well by the direction given them, and carried Chater with them; that then Tapner, Hammond, Stringer and Cobby got off their horses, and Tapner pulled a cord out of his pocket, and put it about Chater’s neck, and led him towards the well. Chater seeing two or three pales down said he could get through, but Tapner said, “No, you shall get over,” and he did so with the rope about his neck; they then put him into the well and hanged him, winding the rope round the rails, and his body hung down in the mouth of the well for about a quarter of an hour; and then Stringer took hold of his legs to pull him aside, and let his head fall first into the well, and Tapner let the rope go, and down fell the body into the well head foremost; that they stayed there for some time, and one of the company said he thought he heard him breathe or groan; on this they listened, and being of the same opinion, went to one Combleach, a gardener, who was in bed, and asked him to lend them a ladder and a rope, for one of their company had fallen down the well; which he readily did, not thinking, as the witness verily believed, any otherwise. They brought the ladder with them, but as it was a long one they could not get it down the well through the hole in the breach of the pales; when they all tried to raise it up and put it over the pales; but then, not having strength sufficient, they laid that part of their design aside; and looking about them found a gate post or two, which they threw into the well and then left him.

Steel, the witness, being cross-examined as to this, said, he never heard the prisoner say he would not have them murder the man, and added, that he was sure he must hear them talk of murdering while they were at his house.

John Race being called again, said: That after he had left the company at the widow Payne’s on the 14th of February, he met some of the same company and others, on the Wednesday evening following, being the 17th of February, at Scardefield’s, at Rake; that the prisoners, Richard Mills the younger, Carter, Jackson, Tapner, Cobby, and Hammond, with Steel, Richards, Little Sam, Daniel Perryer, John Mills and Thomas Willis, were there; and it was proposed at that meeting to murder Chater. He could not say who first made the proposal, but to the best of his knowledge, it was either Carter or Jackson, and it was agreed to by all the company; it was not then resolved how it was to be done, but only in general, that he was to be murdered and thrown into a well; that they went to the house of Richard Mills the elder, to join Little Harry, who was left there to take care of Chater, and found Chater chained by the leg upon some turf in a skilling, at the back side of the house; that the prisoner, Richard Mills the elder, was at home, and ordered his housekeeper to fetch bread and cheese, and some household beer, for any of them to eat and drink that would, and was sure that old Mills knew that they came for Chater; that Tapner and Cobby were very earnest to go and see Chater; and Tapner having his knife in his hand, said, “This knife shall be his butcher”; and thereupon the prisoner, Richard Mills the elder said, “Pray do not murder him here, but carry him somewhere else before you do it”; that Old Mills said this on seeing that Tapner had his knife in his hand, and hearing him declare it should be his (Chater’s) butcher; that they then went out into the skilling, and found Chater sitting upon some turf, and Tapner ordered him to say his prayers; whilst he was repeating the Lord’s Prayer, Tapner cut him over the face with his knife, and Cobby stood by kicking and damning him. This, too, was whilst the poor man was saying the Lord’s Prayer. That Chater asked them what was become of Galley, and they told him he was murdered, and that they were come to murder him. Upon which, Chater earnestly begged to live another day; that Cobby asked him his name, and whether he had not formerly done harvest-work at Selsey? To which he answered that his name was Daniel Chater, and that he had harvested at Selsey, and there he became acquainted with Dimer. That Little Harry unlocked the horse-lock that was on his (Chater’s) legs, and Tapner, Cobby and Stringer brought him out of the skilling, and set him upon Tapner’s mare, in order to carry him to the well, to be there murdered, and thrown in; and that all the company knew at that time what was to be done with him; that they rode about three miles towards the well, and sometimes whipped Chater with their horse-whips; and Tapner observing that he bled, said, “D—n his blood, if he bloods my saddle, I will whip him again.” When they came to Harting, Carter, Jackson, Richards, Little Sam, Little Harry, and Steel said, “We have done our parts, and you (meaning the rest of the company) shall do yours.” By which they meant, as he took it, that they had murdered Galley, and that the rest should murder Chater; and Richards, Little Sam and Little Harry, stopped there, and did not accompany them any further; the rest went on towards the well, but Carter and Jackson stopped before they came to it, and told them the well was a little further off, describing it to them, and told them they could not miss finding it, for it had some white pales by it, and that it was not above 200 yards further, and then Jackson and Carter left them; that he (the witness) and Tapner, Cobby, Stringer, Hammond, Perryer and Steel, came to the well, got off their horses, and took Chater off his horse, the witness was not certain which; and either Tapner or Cobby put a cord round his neck; that there was a “shord” in the pales about the well, and he heard Chater say he could get through there, but Cobby or Tapner said, “D—n you, no; you shall not, you shall get over”; that Tapner wound the cord round the pales, and Chater being put into the mouth of the well, hung by the neck for about a quarter of an hour, and then they loosened the rope, and turned the body, so that it fell into the well head foremost. They stayed there till some of the company thought they heard him breathe or groan, and then went to get a rope and a ladder at one Combleach’s, a gardener; that they met Jackson and Carter and told them what they had done, and that they were going to get a rope and a ladder, for Chater was not quite dead; that they all could not raise the ladder; so they got some old gate-posts and stones and threw them down upon him into the well, and then left him.

The prisoner Hammond desired the witness might be asked whether when they were at Old Mills’s, he did not offer to ride away, and make a discovery, but was prevented by the company.

Race said he never heard him say anything about it; but one of the company, which he believed was Richards, did threaten any of the rest who should refuse to go to the murder of Chater.

Ann Pescod deposed, that two men came to her father’s on the 15th of February, about one o’clock in the morning, and called for her father; that she asked one of them his name, and he said it was William Jackson. Her father who was then very ill, said they might come if they would; that Jackson did come in, and asked if they could not bring a couple of men there for a little while, to which she answered “No,” because her father was ill; and thereupon Jackson turned to the other man, and said, “We cannot think of abiding here, as the man is so ill,” and so they went away. She saw that Jackson’s hand was bloody.

She was ordered to look at the prisoners Jackson and Carter, and see if they were the two men that came, and she said Jackson was one, for that she took particular notice of him, his hand being bloody, and that she verily believed Carter was the other.

Then the King’s Counsel called William Scardefield, who deposed that he kept the Red Lion, at Rake, in the parish of Rogate, and that in the night, between the 14th and 15th of February, Jackson and Carter, with Steel and Richards, came to his house and called out to him, “For God’s sake get up and let us in”; then he let them in, and saw they were bloody. He asked them how they came to be so; and they said they had an engagement and lost their goods, and some of their men they feared were dead and some wounded. That they said they would go and call them that were at the other public-house; and while he was gone into the cellar, he heard horses come to the door; and some of the men went into the kitchen, some into the brewhouse, and some into the parlours. That he saw two or three men in the brewhouse, and there lay something like a man before them in the brewhouse, by the brewhouse door, and he heard them say he was dead. That some of them calling for liquor, he carried a glass of gin into the parlour, and saw a man standing upright in the parlour, with his face bloody and one eye swelled very much. That Richards was in the parlour with the man, and objected to his coming in, and Carter and Jackson and three others were then in the brewhouse, and Steel was with them. After they had drunk three mugs of hot, they got their horses out and sent him down for some brandy and rum, but when he came up with it they were gone 20 yards below the house, though several of them came back to drink, one or two at a time. That he did not know what became of the man that he saw in the parlour; but he observed they separated into two companies; that one of the company, a little man, asked him if he did not know the place where they formerly laid up some goods; and the prisoner Carter came back, and said they must have a lantern and spade. That Richards fell in a passion because he refused to go along with them, and upon seeing him coming towards them with a light, the company parted: that he saw a horse stand at a little distance, and there seemed to him to be a man lying across the horse, and two men holding him on, and he believed the person he saw lying across the horse was dead, but he was not nigh enough to see whether he was or not. That when they came to the place, one of the little men began to dig a hole; and it being a very cold morning, he, the witness, took hold of the spade and helped to dig; and in that hole the company buried the body that lay across the horse. That on the Wednesday or Thursday following, about twelve or one at noon, the prisoners Jackson and Carter, and all the rest of the company came again to his house; and the prisoners Richard Mills the younger, and his brother John, were sent for, and came to them.

Edward Sones proved that on the 16th or 17th of September last he found the body of a dead man in a well in Harris’s Wood, within 200 yards of Lady Holt House, and that there were two pieces of timber over the body. That he went immediately to get the coroner’s inquest, and when he came back he saw the man had boots on, and there was a rope about his neck; that the well is by Lady Holt Park, in the county of Sussex.

Mr. Brackstone produced the boots and a belt that were taken off the body, and given him by the Coroner.

Mrs. Chater, the widow of Daniel Chater, deposed that she remembered her late husband set out from Southampton on the 14th February last, and that she had never seen him since that time; she looked upon the belt produced by Mr. Brackstone, and said she knew it was the same belt her husband had on when he set out from home, by a particular mark in it; and she believed the boots produced were likewise her husband’s.

Mr. Sones proved also, that the horse which Chater set out upon was found about a month afterwards and delivered to the owner.

The King’s Counsel submitted it here.

Mr. Justice Foster acquainted the prisoners that the King’s Counsel, having gone through their evidence, it was now time to offer what they could in their own defence.

He repeated to each of the prisoners the particular facts the evidence had charged him with, and asked them severally what they had to say to clear themselves of that charge.

To which the prisoner Tapner said he did not know that they were going to murder the man, but Jackson and Richards threatened to kill him if he would not go with them, and he received three or four cuts from Hammond or Daniel Perryer, but he did not know which; that Richards and another man tied the rope; and he denied that he drew a knife and cut Chater across the face.

Mr. Justice Foster told him, that supposing he was threatened in the manner he insisted on, yet that could be no legal defence in the present case; and that in every possible view of the case, it was infinitely more eligible for a man to die by the hands of wicked men, than to go to his grave with the guilt of innocent blood on his own head.

Cobby said he did not know what they were going to do with the man, that he never touched him, and he knew nothing of the murder.

Hammond said when he understood what they were going to do, he wanted to go off and make a discovery; but the company prevented him; and that by the company he meant all the prisoners.

Richard Mills the elder, said he did not know what they were at, and did not think they would hurt the man; and did not know he was chained till after they were gone away.

Richard Mills the younger, said he knew nothing of the matter, and never saw either of the men (Galley and Chater) in his life; he acknowledged that he was at Scardefield’s house, but said he knew nothing of the murder, and denied the charge; that Scardefield was the only witness he had, for he (Scardefield) knew when he came, and how long he stayed there.

Jackson said, the man who said he would be Chater’s butcher, was his butcher, and nobody else, that he (Jackson) was not by when he was murdered, and was not guilty of it.

Mr. Justice Foster cautioned him not to deceive himself, and told him that with regard to the present charge, it was not necessary that he should have been present at the murder; he was not charged with being present, but as an accessary before the fact in advising and procuring the murder to be done: and that was the fact he was called upon to answer.

Carter said that when he went to the widow Payne’s, he only thought they were going to carry the men out of the way, till they saw what should become of Dimer, and that he never laid hands upon them; and went along with the company to prevent mischief.

Scardefield, the witness, was then called again, and Richard Mills the younger, being asked whether he would ask him any questions, only desired he might be asked what time he came to his house, and how long he stayed there; to which Scardefield answered, that Mills came to his house about half an hour after one; stayed there about an hour and a half, and went away on foot.

The rest of the prisoners said they had not any witnesses.

Upon which, Mr. Justice Foster opened to the jury the substance of the indictment as before set forth; and told them that whether the prisoners or any of them were guilty in manner as therein they are severally charged, must be left to their consideration, upon the evidence that had been laid before them.

That in order to enable them to apply the evidence to the several parts of the charge, it would be proper for him first to acquaint them how the law determines in cases of this nature; that with regard to the persons charged as principals, wherever several persons agree together to commit a murder, or any other felony, and the murder or felony is actually committed, every person present aiding and abetting is, in the eye of the law, guilty in the same degree, and liable to the same punishment as he who actually committed the fact. And the reason the law goes upon is this, that the presence of the accomplices gives encouragement, support and protection to the person who actually commits the fact; and at the same time contributes to his security.

That it is not necessary that the proof of the fact, in cases of this nature, should come up to the precise form of the indictment; for if the indictment charges that A did the fact, and that B and C were present, aiding and abetting, if it be proved that B did the fact, and that A and C were present aiding and abetting, they will be all guilty within the indictment.

That accessaries before the fact are those who, not being present in any sense of the law at the time the fact is committed, have advised or otherwise approved the fact to be done. These persons, in the case of wilful murder, will be liable to the same punishment as those who committed the murder by their instigation, advice or procurement.

He then summed up the evidence very largely, and applied it to the case of the several prisoners, and concluded, that if upon the whole, the jury should be of opinion that either of the principals (Tapner, Cobby, Hammond, or the others charged as principals in the indictment) did strangle the deceased, and that the prisoners Tapner, Cobby, and Hammond were present aiding and abetting, they will be within this indictment.

And if they should be of opinion that the prisoners charged as accessaries before the fact, did advise, consent to, or procure the murder, they likewise will be guilty within this indictment, though they were not present when the fact was committed.

The jury, after some little consideration, gave their verdict, that Tapner, Cobby, and Hammond were guilty of the murder, as laid in the indictment: And