AT THE PLACE OF EXECUTION.
The prisoners were brought out of the gaol about two in the afternoon of Thursday, the 19th of January, 1748–9, being the day after receiving sentence, when a company of Foot Guards and a party of Dragoons were drawn out ready to receive them, and to conduct them to the place of execution, which was about a mile out of the town. The procession was solemn and slow; and when they came to the tree, they all, except the two Mills’s, behaved a little more serious than they had done before.
Carter said the sentence was just on them all, for they were all guilty, as charged in the indictments; and lamented the case of his wife and children, and said he hoped others would take warning by his untimely end.
The Mills’s, as I observed before, seemed no ways concerned; and the young one said he did not value to die, for he was prepared, though at the same time he appeared so very hardened and abandoned.
The halter that was used for the old man was very short, the gallows being high; so that he was obliged to stand a-tiptoe to give room for it to be tied up to the tree: the old fellow saying several times while this was doing, “Don’t hang me by inches.”
Tapner appeared very sensible of his crime, and prayed aloud, and seemed, as I hope he was, very sincere and devout. He declared that Jackson, Cobby and Stringer held three pistols to his head, and swore they would shoot him if he did not go and assist in the murder of Chater, the old shoemaker, who was going to make an information against their shepherd, Dimer, otherwise Diamond; that they also extorted three guineas from him by the same way of threats, to repay Jackson and Carter what they had been out of pocket on that account. He said they were all guilty of the crimes laid to their charge; and that one T—ff, well known in Chichester, and Stringer, John Mills[12] and Richards (all not taken) were as guilty as himself; and as they deserved the same punishment, he hoped they would all be taken, and served the same as he was just going to be. He acknowledged cutting Chater across the face, but did not care to repeat any of the cruelties he had exercised.
We are now come to the conclusion of the trials, and the behaviour of those who were executed at Chichester, and shall next proceed to those that were brought on at the assizes at East Grinstead, where two of the same gang were tried for murder, namely, Sheerman for that of Galley, and John Mills, called Smoker, for that of Hawkins, who was destroyed in as cruel and barbarous a manner as either Galley or Chater.
After which we shall give an account of the trials of the other smugglers, which were very remarkable for the most notorious crimes with which they are charged, such as murder, housebreaking, robberies on the highway, &c. But as Sheerman was tried for the crime for which several others had been already convicted, as has before been related, we think this trial will most properly follow those of his confederates, and with whom he had been concerned throughout the whole course of their villainies.
After which will follow the trial of John Mills, who not only had a hand in the murder of Chater, but likewise was a principal in that of poor Hawkins.
Henry Sheerman, otherwise Little Harry, was indicted for the inhuman murder of William Galley, which the said Sheerman, in company with several others, did perpetrate and accomplish on the said William Galley, by tying and fastening him on a horse, and then lashing, whipping and beating him with their whips, till the said Galley, no longer able to bear the cruel scourges, fell with his head under the horse’s belly, and his feet across the saddle; that being again set upright on the horse, the said prisoner, with the rest, again whipped, beat and bruised him, by the means of which he fell off the second time; and being set on another horse, the said prisoner, with the others, again beat and whipped him, till the said Galley was so terribly bruised and wounded that, being ready to fall off the horse, the prisoner gave him a push, and threw him to the ground, of which blows, wounds and bruises, and fall from the said horse, he died.
The counsel for the King upon this indictment were the same as were upon that against John Mills and John Reynolds, who after laying open and explaining to the court and jury the heinous nature of the offence and the pernicious consequences of smuggling, which generally brought on murder, robbery and other enormous crimes, they produced the following witnesses in support of the charge against the prisoner.
Mr. Shearer, collector of the customs at Southampton, deposed that he received a letter from the commissioners of the customs, informing him that one John Dimer was taken up on suspicion of being concerned with others in breaking open the custom-house at Poole and committed to Chichester gaol; that thereupon he sent one Chater with a letter to Justice Battine under the care of the deceased William Galley, the 14th day of February was twelvemonth, and hired a grey horse for him to ride on.
William Galley, son of the deceased William Galley, deposed that he very well remembered that some time in February was twelvemonth, his father set out on a journey to Justice Battine; that the night before he went he saw the letter and saw the direction upon it, which his father was carrying to the justice; that his father was dressed in a blue great coat, lined with blue, with brass buttons, a light brown close-bodied coat trimmed with blue, his waistcoat and breeches the same, and rode upon a grey horse, and that he never saw his father afterwards.
George Austen deposed that on the 14th of February was twelvemonth, being at the New Inn at Leigh, he saw the deceased William Galley and another person on horseback, and hearing them enquire the way to East Marden, and shewing a letter they had for Justice Battine, he said that he and his brother, Thomas Austin, and his brother-in-law, Robert Jenkes, were going part of that road and would shew them the way; that he went with them to a place called Rowland’s Castle, to a public-house kept by one widow Payne; that being there Galley and his companion called for rum. That the widow Payne enquired of him if he was acquainted with these men, or whether they belonged to his company. He told her they were going to Justice Battine’s; upon which she apprehended there was something in hand against the smugglers, several of whom came in soon afterwards.
John Race, otherwise Raise, an accomplice in the fact, deposed that on the 14th of February was twelvemonth, he was at Rowland’s Castle; that when he came in, he saw there Edmund Richards, William Steel, Carter, Jackson, Little Sam, Richard Kelly, Jackson’s wife, and the prisoner Henry Sheerman, together with Galley and Chater: that he saw Jackson take Chater to the door, and heard him ask him whether he knew anything of Dimer the shepherd, and Chater answering that he was obliged to appear against him, Galley came to them, to interrupt their talking, which Jackson resenting, struck him on the face with his fist. Being all come into the house again, Jackson related to the rest of them what Chater had said in relation to Dimer; upon which they consulted together what to do with Galley and Chater, and it was agreed by them all to carry them to a place of security, till they should have an opportunity of sending them to France; and that the prisoner was present at this consultation.
William Steel, another of the accomplices in the fact, deposed that on the 14th of February was twelvemonth he was sent for to the widow Payne’s; that when he came there he found Jackson, Little Sam, Kelly, Carter, Richards, Race and Little Harry; that he saw the two strangers there, Galley and Chater, who were drinking with the prisoner, and the rest of the smugglers; that Jackson took Chater out of the house, and was followed by Galley, who soon after returned with his face bloody, having, he said, been knocked down by Jackson. That Galley and Chater wanting to be gone, the prisoner, with the rest of the smugglers persuaded them to stay, and the company continued drinking till Galley and Chater were quite drunk, and were led into a little inner room to sleep; this was about four or five o’clock. That in the meanwhile this witness, with the rest of the smugglers, the prisoner being present, consulted what to do with Galley and Chater; and it was proposed to make away with them, and to that end, to throw them into the well in the horse pasture, about a quarter of a mile from Rowland’s Castle; but upon second thoughts that well was judged too near, and might occasion a discovery. That then it was agreed to allow threepence a week each, and to keep them in some private place till they saw what was the fate of Dimer; and as Dimer was used, in the same manner they agreed to use Galley and Chater. That about seven o’clock Carter and Jackson went into the little room, and having waked Galley and Chater, brought them out all bloody; and he believed that Jackson and Carter had kicked them with their spurs, which they had just before put on; that they then brought Galley and Chater out to the street door, and set them both upon the same horse, and tied their legs together under the horse’s belly. That then he (the witness) got upon a grey horse, and led that the deceased and Chater were upon; that they had not gone above 80 yards, before Jackson called out “Whip the dogs, cut them, slash them, d—n them”; and then the company fell to lashing and whipping them; while they rode about a mile to a place called Wood’s Ashes; that there they all alighted, and the prisoner, Little Harry, gave each of them a dram, but none to Galley and Chater; that mounting their horses again, they fell to beating and lashing the two men as violently as they had done before, till they came to Dean, which was about half a mile further; that then one of the company pulled out a pistol, and swore he would shoot them (Galley and Chater) through the head, if they made any noise while they were passing through the village; when they were got through Dean, they fell to whipping them again, till they came almost to Idsworth, when Galley and Chater fell again with their heads under the horse’s belly; upon which they parted them, and set up Galley behind him (this witness), and Chater behind Little Sam, and thus proceeded towards Lady Holt Park, about three miles further, whipping them all the way; but the lashes of their whips falling on this witness, he cried out and they left off whipping Galley; that being come to Lady Holt Park, Galley being faint and tired, got off, and Jackson and Carter took him by the arms and legs, and carried him to a well there, into which they said they would throw him; but some of the company interposing, they set him up behind this witness, but went on till they came down a hill, and Galley, not being able to ride any further, got down again; upon which they laid him upon the pommel of the saddle, across a horse before Richards, with his belly downwards, and in this manner carried him about a mile and a half; that then Richards, being tired of holding him, let him down by the side of the horse; that then they put him upon the grey horse which this witness rode upon, and this witness got off; they sat him up, his legs across the saddle, and his body lay over the mane, and Jackson held him on, and went on in this manner for about half a mile, Galley crying out grievously all the time, “Barbarous usage! barbarous usage! For God’s sake shoot me through the head or through the body;” he (the witness) imagined that Jackson was squeezing his privy parts. That they went on for two miles further, and coming to a dirty lane, Carter and Jackson rode forwards, and bade them stop at the swing gate till they returned. Being gone a little while, they came back again and said that the man of the house was ill and could not entertain them. It was then proposed to go to the house of one Scardefield at Rake, upon which the prisoner tied Galley with a cord, and got up on horseback behind him in order to hold him on; and coming to a gravelly knap in the road, Galley cried out, “I shall fall, I shall fall;” whereupon the prisoner then said, “D—n you, then fall,” and gave him a push, and Galley fell down, gave a spirt and never spoke afterwards; he (the witness) believed his neck was broken by the fall; that then they laid him across the horse again, and went to the Red Lion at Rake, kept by William Scardefield, whither they carried Chater all over blood. That Jackson and the prisoner went from Scardefield’s with Chater, to Old Mills’s, where he was left to the care of the prisoner, and in the meantime they buried Galley.
This witness was asked by the court whether the prisoner was present at the first consultation at the widow Payne’s, and continued in the same company to the death of Galley, and he answered: “Yes, he was with them all the time.”
Then William Scardefield was sworn, who deposed that the prisoner at the bar was with the rest of the smugglers at his house at Rake, when Galley was brought dead there, but went away with Chater, the other man who was all bloody.
The counsel for the King said they had a great many more witnesses, but they would rest the matter as it now was, and not give the court any further trouble.
The prisoner, being called upon to make his defence, said he had nobody to disprove the facts or speak to his character; and said he was sent for to Rowland’s Castle, though he did not know for what; that when he came there he was threatened by Jackson, Richards and others that were there, that they would shoot him through the head if he would not go with and assist them in what they were going about, and that it was not in his power to make his escape from them.
The jury brought him in guilty. Death.
Having now given the trial of Henry Sheerman, alias Little Harry, at East Grinstead, it will be necessary next to give an account of his life and behaviour under sentence of death, and at the place of execution, before we proceed to the trial of that notorious villain John Mills, alias Smoker, for the cruel murder of Richard Hawkins.
Henry Sheerman, alias Little Harry, about 32 years of age, was born and bred up at West Strutton, in the county of Sussex, to husbandry, whose parents were people of good character, though of but middling circumstances; and gave him as good an education at school as they could afford; but he said he never minded his learning—his mind run more upon other things, so that he made but very little progress, though he could read very well and write a little.
He said that Jackson was the cause of his ruin, and the considerable gains that were allowed to those who were as servants to the master smugglers, seduced him to leave his honest employment and take on with them.
He often declared that he never was concerned in any other murder than that of Galley, for which he suffered; but being asked if he was not guilty of the other indictment that was against him, as being an accessary to the murder of Chater before the fact was committed, he evaded answering the question in full, and said he left the company and Chater, and did not go to the well where he was hanged and flung down; but on being interrogated, and informed it was the same thing, his knowing their intention of murdering Chater, though he did not go quite to the place, he said he did not know that the company, when he parted from them, were going to hang him in the well at Lady Holt Park, and then fling his body down it to prevent a discovery. He was asked if old Major Mills knew that Chater was confined in his turf-house, and that they were going to murder him, because Old Mills partly denied it when he was executed on the Broyle near Chichester; he said that Old Mills was guilty of the whole affair laid to his charge, as being concerned in the murder of Chater; that Old Mills gave him the chain and horse-lock, to chain Chater to the beam, and went frequently to see he was safe during his confinement there, and often told Chater that he was a villain to turn informer, and he would see he should be hanged to prevent his informing any more; and he declared, that when they took Chater from Old Mills’s house, that Old Mills knew that they were going to hang him at the well by Lady Holt Park, and that the resolution and agreement of him, Old Mills, as well as the rest, was to fling his body down there, it being a dry well, to prevent a discovery, and that Old Mills himself said it was a very proper place, for as it was a dry well, it might lie there an age before anything could be discovered, and before that time it would be rotted quite away to nothing.
Before we proceed any further, we shall inform the reader what encouragement is given to seduce the young people from their honest employments to turn smugglers, which Little Harry declared.
The master smugglers contract for the goods either abroad, or with the master of a cutter that fetches them, for a quantity of teas (which they call dry goods) and brandies, and the master of the cutter fixes a time and place where he designs to land, and seldom or ever fails being pretty punctual as to the time, if the weather permits; as the master smugglers cannot fetch all the goods themselves, so they hire men whom they call their riders; and they allow each man half-a-guinea a journey, and bear all expenses of eating and drinking and horse, and allowance of a dollop of tea, which is forty pound weight, being the half of a bag, the profit of which dollop, even of the most ordinary sort, is worth more than a guinea, and some sorts 25s. and some more; and they always make one journey, sometimes two, and sometimes three in a week, which is indeed such a temptation that very few people in the country can withstand; and which has been the cause of so many turning smugglers.
He said it was very hard work in going down to the seaside to fetch the goods, and considering the hazard they run if taken, and of their own persons, as they are obliged to ride in the night only, and through the byeways, avoiding all the public roads as much as possible, people would not take on with them if it were not for the great profits that arise.
He said that all the smugglers, both masters and riders, drink drams to great excess, and generally keep themselves half drunk, which was the only thing that occasioned them to commit such outrages as they did sometimes; and he gave the following account of the murders of Galley and Chater:—
That on Sunday the 14th of last February was twelvemonth, he was sent for to the widow Payne’s, and informed that there were two men there who were going to make an information against John Dimer, that was in custody at Chichester, on suspicion of being concerned in breaking open the King’s warehouse at Poole, that, as he was one concerned in the said fact, he readily went to hear what he could, and when he came there, he found Jackson, Richards, Steel (the evidence), and some more of the gang concerned in breaking open the said warehouse; when Jackson said to him, “Harry, I have sent for you: here are two men have got a letter to Justice Battine, for him to take an information against Dimer;” and that they (the smugglers) resolved to have the letter from them; which he agreed to; and after they had made the men drunk, Carter and Jackson went into the room where the men were put to sleep, and took the letter, which they read, and found the contents amounted to all they suspected; that it was never proposed by any of them to hurt either Galley or Chater, but to keep them privately to prevent their giving the designed information, till the women, Carter’s and Jackson’s wives, proposed hanging them; and then it was talked of carrying them to the well just by, and to hang them and fling them down it, but it was not agreed to; neither did any of the men in his presence or hearing shew or intimate any inclination towards their so doing.
He said further, that they all drank pretty freely to make Galley and Chater drunk, and when they came to the resolution of carrying them both away, and concealing them till they knew what would be the fate of the shepherd Dimer, they were all more than half drunk; that he verily believed none of them had any design of murdering them while they were at Rowland’s Castle; but Jackson, who was the drunkest of the company, called out to whip them, which was soon after they set out from Mrs. Payne’s house, when Edmund Richards, who is not yet taken, began to lash them with his long whip; and then they all did the same except Steel, who was leading the horse the two men rode on.
He said that the design of tying their legs under the horse’s belly was for no other reason than to prevent their jumping off and running away, and making their escape, as it was night time; which, if either of them should do, they would be all inevitably ruined.
The liquor they had drank, and giving way to their passion, urged them on to the cruelties they exercised on Chater; but when they found Galley was dead, it sobered them all very much, and they were all in a great consternation and surprise, and could not tell what to do, when they concluded to bury the body of Galley, and to take care of Chater.
He lamented the unhappy case of Chater during the time of his being chained in Old Mills’s turf-house, but said, self-preservation obliged him to take care he did not get away, though he was all the time very uneasy, and said he declared his abhorrence to Tapner’s cutting Chater across the face and eyes, and of Cobby’s kicking him while he was saying the Lord’s Prayer, and that he came out of the turf-house into the dwelling-house upon that account, not being able to bear hearing the poor man’s expressions in begging for a few hours or minutes to make his peace with his Creator, at the same time the blood running all down his face. He said it was not Cobby alone that kicked Chater while he was at prayers, but also Richards and Stringer, who are both not yet taken.
Being asked why he did not give poor Galley and Chater a dram, as well as the smugglers, when they all got off their horses; he said he was going to do it, but Richards, Carter and Jackson, all swore they would blow his brains out if he did. He acknowledged going away with them from Old Mills’s in order to hang Chater according to agreement; but seeing Tapner whip the poor man so cruelly, Chater at the same time being all over blood and wounds, his heart relented, and that was the only reason why he did not go with them, and be present at his murder.
At his trial he behaved with reservedness, but no way audacious, as some of the others were; and after he had received his sentence, he began to bemoan his unhappy circumstances, and prayed very devoutly; and confessed that he had been a very wicked liver ever since he turned smuggler.
He said he never was concerned in many robberies, as numbers of the smugglers had been; and what gave him the most uneasiness was, the great scandal and vexation he had brought on his wife and family.
He was conveyed under a strong guard of soldiers from Horsham to Rake, near the place where Galley was buried, on the 20th day of March, 1749, and there executed, and afterwards hung in chains, as an example.
At the place of execution he behaved very penitent, and as became one in his unhappy circumstances, frequently saying that Jackson was the original person who was the cause of his ruin, and that he should not have gone to the widow Payne’s that unfortunate day that Mr. Galley and Mr. Chater were there, had he not been sent for. He declared that at the time he gave Galley the push off the horse, when Galley fell down and died, he had no thought that that fall would kill him just then; that he begged pardon of God and man, not only for that wicked action of his life, but for all others; and then was turned off, crying to the Lord Jesus Christ to receive his soul.
We shall now proceed to the trials of John Mills, alias Smoker, John Reynolds, the master of the Dog and Partridge on Slindon Common, where Richard Hawkins was inhumanly murdered; and then give an account of John Mills’s wicked life, and behaviour at his trial, and under sentence of death; and also of his confession, and last dying words at the place of execution.
John Mills, alias Smoker, together with Jeremiah Curtis, alias Butler, alias Pollard, and Richard Rowland, alias Robb (both not yet taken), was indicted for the murder of Richard Hawkins, in the parish of Slindon, in the county of Sussex, on the 28th day of January, 1748–9, in the 21st year of his Majesty’s reign, by violently assaulting, sticking, beating, whipping and kicking, him, the said Richard Hawkins, over the face, head, arms, belly, and private parts: of which wounds, bruises, kicks and stripes he instantly died. And John Reynolds was indicted for aiding, assisting, comforting and abetting the said John Mills, alias Smoker, and Jeremiah Curtis, alias Butler, alias Pollard, and Richard Rowland, alias Robb (both not yet taken), in the murder of the said Richard Hawkins.
The counsel for the King were Mr. Staples, Mr. Steele, recorder of Chichester, Mr. Burrel, Mr. Smythe (one of the king’s counsel, learned in the law, and member of Parliament for East Grinstead, in the county of Sussex), and Mr. Serjeant Wynn.
One of the counsel for the King having opened the indictment, Mr. Smythe observed to the court and jury that the practice of smuggling having prevailed all over the kingdom, particularly in that and the neighbouring counties, to so great a degree, and the persons concerned therein became so very audacious, that a great many murders were committed, and very barbarous ones too, upon such persons who should show the least inclination to prevent their pernicious practices. That the murder for which the present prisoners were indicted, was one of the most bloody and most cruel that ever was perpetrated in this, or any other civilized nation, except in two others that had happened in this county; that the prisoner Mills seemed to have the honour of committing the first, and setting the example of this species of most terrible murders, though some persons who committed the other murder had been first brought to justice. That many people were induced to think smuggling was no crime at all, or if it was one, but a very small one, it was but cheating the King, and that was no harm; not at all considering that it is a crime not only against the laws of the land, but against the law of God also, which commands all men to render to Cæsar the things that are Cæsar’s. That smuggling was robbing the nation of that revenue which is appointed for payment of the national debt; and that every act of smuggling was defrauding every one of his Majesty’s subjects that pay taxes, as they are obliged to make good all deficiencies. That when they shall hear the witnesses they will find that this evil practice was the original cause of this murder, and then he did not doubt but they would find the prisoners guilty.
Mr. Sergeant Wynn, after speaking of the nature of the crime, and that it was one of the consequential evils that attended smuggling, observed that most of the daring robberies that had been lately committed, were by these sort of men, who thought, or at least acted, as if they thought themselves above all law. That when they had called their witnesses, he did not doubt but they would give the jury such evidence as would induce them to believe the prisoners guilty, and consequently find them so.
Henry Murril deposed that some time in January last was twelvemonth, he was informed that some persons were at his house, enquiring after some tea they had lost, but could not tell who they were; that he went to young Cockrel’s, who keeps a public-house at Yapton; where he saw Jerry Curtis and two others, drinking. Curtis was very angry; said some rogues had stolen two bags of tea from him, and d—n him, he would find it out, and severely punish those concerned therein; for d—n him, he had whipt many a rogue, and washed his hands in their blood; that Curtis had offered this deponent five guineas to get the tea again, or find out who had got it; and then said that if money could not get it, he would come sword in hand, and find it out and take it away.
Being asked by the court if the prisoner Mills was one of them that were with Curtis, said he could not tell.
Henry Titcomb deposed that one day in January last was twelvemonth, Curtis and Mills came to Mr. Boniface’s barn, where he, the prisoner, and Richard Hawkins (the deceased) were at work; that Curtis called Hawkins out to speak with him; that he did not hear what passed between them, but that Hawkins went away with them; that a little while after, the same afternoon, he saw Hawkins riding behind Mills from Walberton towards Slindon, and never saw Hawkins the deceased afterwards.
John Saxby deposed that he was a servant to Cockrel the elder, of Walberton; that the day Hawkins (the deceased) was missing, Curtis, Mills, and Hawkins came to his master’s house and drank together; that at going away, Mills bid Hawkins get up behind him, which he at first refused, saying he would not, without making a sure bargain; that they bid him get up for they would satisfy him, which Hawkins did; and this deponent never saw the deceased afterwards.
Thomas Winter, alias the Coachman, an accomplice, deposed that one day the latter end of January was twelvemonth, he, with Jerry Curtis, alias Pollard, were at the prisoner Reynolds’s house, who kept the Dog and Partridge on Slindon Common; that Curtis presently went away from him, and promised to come to him again very soon, for he was to pay this witness some money he owed him; that this deponent stayed at the Dog and Partridge the rest of the day; that towards evening Richard Rowland, alias Robb, came to the house, asked for his master Curtis, and stayed with this deponent till night, when the prisoners Mills and Curtis came; that Curtis called for Robb, and said, “Robb, we have got a prisoner here”; then Hawkins got down from behind Mills, and all went in together, to a parlour in the prisoner Reynolds’s house; that they all, viz., Hawkins (the deceased), Curtis, Mills, Rowland, otherwise Robb, and this deponent, sat down together; that then they began to examine Hawkins about the two bags of tea, which he denied, saying he knew nothing of the matter; that Curtis said, “D—n you, you do know, and if you do not confess I shall whip you till you do, for, d—n you, I have whipped many a rogue, and washed my hands in his blood;” that the prisoner Reynolds came in when they were urging the deceased to confess, and said to the deceased, “Dick, you had better confess, it will be better for you”; his answer was, “I know nothing of it.” After Reynolds was gone, Mills and Robb were angry with the deceased; that Robb struck him in the face and made his nose bleed, and threatened to whip him to death; that Mills showed he was pleased with what Robb had done, and again threatened the deceased, who said, “If you whip me to death, I know nothing of it”; that then Mills and Robb made the deceased strip to his shirt, then they began to whip him over the face, arms and body, till they were out of breath, he all the while crying out that he was innocent, and begged them, for God’s sake, and Christ’s sake, to spare his life for the sake of his wife and child; that when they were out of breath, they pulled off their clothes to their shirts, and whipped him again till he fell down; when he was down they whipped him over the legs and belly, and upon the deceased kicking up his legs to save his belly, they saw his private parts; then they took aim thereat, and whipped him so that he roared out most grievously; that then they kicked him over the private parts and belly; they in the intervals asking after the tea; the deceased mentioned his father and brother, meaning the two Cockrels; that upon this Curtis and Mills took their horses, and said they would go and fetch them, and rode away, leaving the deceased with Robb and this deponent. That after they were gone, he and Robb placed the deceased in a chair by the fire, where he died.
John Mills alias Smoker, & Richd. Rowland alias Robb, Whipping Richd. Hawkins, to Death, at ye Dog & Partridge on Slindon Common, & Jeremiah Curtis, & Thos. Winter alias Coachman, Standing by Aiding & abetting ye Murder of the said Richd. Hawkins.
Being asked by the court if the deceased was in good health when he came to the prisoner Reynolds’s house, and if he believed he died of the ill-usage he there met with, his answer was, “He was in good health when he came there, and was a stout man, and I am sure he died of the kicks and bruises he received from Mills and Robb.”
He further deposed that when they found he was dead Robb locked the door, put the key in his pocket, then they took their horses and rode towards Walberton to meet Curtis and Mills; that in the lane leading to Walberton he met them, with each a man behind him; that he desiring to speak with them, the men behind them got off and stood at a distance. That this deponent asked Curtis what they were going to do with these two men, who answered, “To confront them with Hawkins.” Then the deponent told him he was dead, and desired that no more mischief might be done, when Curtis replied, “By God, we will go through with it now.” That this deponent begged that the two men might be sent home, for there had been mischief enough done already; that then Curtis bid the two men go home, and said when they wanted them they would fetch them. That they rode all together to the prisoner Reynolds’s house, when Reynolds said to Curtis, “You have ruined me,” and Curtis replied he would make him amends. That then they consulted what to do with the body, when it was proposed to throw him into the well in Mr. Kemp’s park, and give out that they had carried him to France; that the prisoner Reynolds objected to it, as that was too near, and would soon be found. That they laid him on a horse and carried him to Parham Park, about twelve miles from Slindon Common, where they tied large stones to him in order to sink the body, and threw him into a pond belonging to Sir Cecil Bishop.
John Cockrel the younger deposed that the 28th day of January last was twelvemonth, about ten o’clock at night the prisoner Mills came to his house, called for some ale, ordered his horse into the stable; that while he was in the stable Curtis came in, and demanded two bags of tea, which he said his brother-in-law had confessed he had got; that this deponent denied his having them, upon which Curtis beat him with an oak stick till he was tired; that after this they took him with them to his father’s at Walberton, where they took his father and him with them, to carry them to Slindon, on Mills’s and Curtis’s horses, one behind each, and about a mile before they came to Slindon, they met two men on horseback, who called to them, and said they wanted to talk with them; that then they were ordered to get off from behind Curtis and Mills; that after the two men had talked with Curtis and Mills some time, Curtis bid them go home, and when they wanted them they would fetch them.
John Cockrel the elder, being sworn, confirmed the evidence as to being carried away, and afterwards let go.
Being asked by the court how long after his son-in-law (the deceased) was missing it was before he heard his body was found, said that in the April following he was sent for to Sir Cecil Bishop’s; that there he saw the deceased Richard Hawkins mangled in a most terrible manner, having a hole in his skull; that he knew him by the finger next the little finger of his right hand being bent down to his hand.
Matthew Smith deposed that one night in January last was twelvemonth, he was at the prisoner Reynolds’s house, the Dog and Partridge, on Slindon Common, and saw Curtis and Mills ride up to the door (Mills with a man behind him), and Curtis called out to Robb, and said, “We have got a prisoner”; and that then they all went in together into the back parlour.
Richard Seagrave, another witness, deposed that he lived at Sir Cecil Bishop’s in Parham Park, and saw the body of a man taken out of a pond there, very much mangled and bruised; and was likewise present when John Cockrel the elder came there and said he knew the body to be that of his son-in-law, Richard Hawkins.
Jacob Pring, another witness, deposed that being at Bristol, he there fell in company with the prisoner Mills; that they came together from thence to his house at Beckenham in Kent; that on the road he asked him whether he knew of the murder of Richard Hawkins of Yapton; that he told him “Yes,” and related to him the particular manner in which it was done, as follows: that in the beginning of January was twelvemonth, they had two bags of tea stolen from the place where they had concealed some stuff, and suspecting Hawkins and the Cockrels to have it, he and Jerry Curtis went and fetched Hawkins from a barn where he was at work, and carried him to Reynolds’s, on Slindon Common, where Robb and Winter, commonly called the Coachman, were before them; that he and Robb whipped Hawkins with their horse-whips till he owned that the Cockrels had their tea; that then he and Curtis went and fetched the Cockrels, and as they were bringing them behind them on the road, Robb and Winter met them and told them that the man was dead whom they had whipped; that they then sent the Cockrels home and went and took Hawkins’ dead body and carried it to Parham Park and threw it into Sir Cecil Bishop’s pond.
Here the counsel for the King rested it.
The prisoner being called upon to make his defence, denied the murder, and said he left the deceased Richard Hawkins alive and well with Robb and Winter, when he and Curtis went to fetch the Cockrels, and how Hawkins came by his death he could not tell. This was Mills’s defence.
The counsel for the prisoner Reynolds objected to the indictment, and said, though it might be extremely right with regard to the prisoner Mills, yet it was not so with regard to the prisoner Reynolds; for as Reynolds was indicted as a principal in the second degree, he should be concluded in the judgment as all principals are in murder. The court said this was a matter that might be offered in arrest of judgment, but not at that time.
The counsel, in his defence, said the prisoner Reynolds was no ways privy to or concerned in the said murder; that the persons who brought Hawkins to his house were in a room by themselves, and what they did there was without the privity or knowledge of the prisoner Reynolds, and that they should call witnesses to prove the same.
William Bullmar was called, who deposed that one day in January last was twelvemonth, he was at the prisoner Reynolds’ house with William Rowe in the kitchen; that he saw Curtis in the house, and heard there were other people with him in the new back parlour; that himself was there till twelve o’clock at night, and that the prisoner Reynolds was with him during all that time, excepting when he went to draw beer for his customers in the kitchen.
William Rowe deposed that he was at the prisoner Reynolds’s house at the same time as the before-mentioned witness, that he saw Curtis and Mills in the house, and heard there were other people with them in the back room; that he stayed till twelve o’clock at night, during which time the prisoner Reynolds was with him except when he was called to draw drink for company.
The judge, after he had summed up all the evidence exactly in the manner it had been sworn, observed to the jury, that with regard to the prisoner Mills, the facts were proved extremely clear, as he had called no witnesses to contradict the evidence for the King in any shape; that with respect to the prisoner Reynolds it did not appear that he was in the party that committed the murder, but that he was at home at peace in his own house, when this transaction happened; if therefore, they believed the witness called on his behalf, they must acquit him, and the jury, without going out, found Mills Guilty, and acquitted Reynolds.[13]
Mills’s behaviour was very unbecoming one under his circumstances; but before we proceed to say anything more of this criminal, we will give the particulars of his being apprehended. The 31st January last, a proclamation was issued for the apprehending several notorious smugglers that were concerned in the murder of Richard Hawkins, of Yapton, naming this John Mills as one of them, promising his Majesty’s pardon to anyone who should apprehend or give information of any of the offenders, although such informer was an outlawed smuggler, provided he was not concerned in any murder, or in breaking open his Majesty’s warehouse at Poole. Now William Pring, who was a witness against the said Mills and the two Kemps, knowing himself to be an outlawed smuggler, yet not concerned in murder, nor in breaking open the warehouse at Poole, resolves, if possible, to get his own pardon by taking some of those offenders. To this purpose he applied to a great man in power, informing him that he knew Mills, and that if he could be assured of his own pardon, he would endeavour to take him, for he was pretty certain to find him either at Bristol or Bath, where he knew he was gone to sell some run goods. Being assured of his pardon he set out accordingly, and at Bristol unexpectedly found the two Kemps with him, whom he likewise knew as being notorious smugglers. They then began to talk about their affairs. Mills was in a proclamation for two murders, that of Chater and that of Hawkins. Thomas Kemp was advertised for breaking out of Newgate, and Lawrence Kemp was outlawed by proclamation, and both the Kemps were concerned in robbing one farmer Havendon.
After talking over matters together, and observing that all their cases were very desperate, Pring, as a friend, offered his advice, by which he intended to inveigle them into the snare he had laid for them. He said, since they were all alike in such desperate circumstances without any hopes of mending their condition, he would have them go with him towards London, and to his house at Beckenham in Kent, and then consult together, to go and rob upon the highway, and break open houses in the same manner as Gregory’s gang used to do. Upon which they all agreed to come away together; and upon the road, amongst other talk, Mills owned that he was one of those who committed the murder of Hawkins, and both the Kemps confessed that they were concerned in robbing farmer Havendon, in the manner it was proved upon their trials.
When they were all come to his house at Beckenham, Pring then pretended that his horse being a very indifferent one, he would go to town and fetch his mare, which was a very good one, and would come back again with all convenient speed, and then they would set out together on their intended expeditions; for as their horses were very good, and his but a bad one, it might bring him into danger in case of a pursuit. Upon which he set out, and they agreed to stay at his house till his return; but instead of going to town, he rode away to Horsham, where he applied to Mr. Rackster, an officer in the excise there; who together with seven or eight more, all well armed, set out for Beckenham, in order to take them, where they arrived in the dead of night, and found Mills and the two Kemps just going to supper upon a fine breast of veal, and secured them. They bound the arms of the two Kemps, but Mills refusing to be bound in that manner, and being very refractory, they were forced to cut him with one of their hangers, before he would submit. They then brought them all three to the county gaol for Surrey, where they found Robert Fuller and Jockey Brown in custody for smuggling; and knowing that they had been guilty of many robberies on the highway in Sussex, they applied to the government for a Habeas Corpus, to carry them all five down to the assizes at East Grinstead, where, though they were each tried only upon one indictment, yet there was another indictment for murder, besides two for robbery against Mills, another for a robbery against Fuller, and two other indictments against the two Kemps, besides a number of other prosecutors, who were ready at East Grinstead to lay indictments against them, if there had been occasion.
John Mills, about 30 years of age, son of Richard Mills, of Trotton, lately executed at Chichester, was bred up to the business of a colt-breaker by his father. He said he had been a smuggler many years, and blamed Jeremiah Curtis, alias Pollard, who stands indicted for the same murder he was convicted of, and William Jackson, who was condemned at Chichester for the murders of Galley and Chater, as being the principal persons concerned in drawing him away from his honest employment.
Young Mills acknowledged himself a very wicked liver; but complained of the witnesses, that is, such of them as had been smugglers and turned evidences, and said that they had acted contrary to the solemn oaths and engagements they had made and sworn to among themselves, and therefore wished they might all come to the same end, and be hanged like him, and d—ned afterwards.
John Mills stood indicted for two murders, besides robberies, as is before mentioned; but it is remarkable that he committed both murders in twenty days; that of Hawkins, for which he was condemned, was perpetrated on the 28th of January; and the other, that he was not tried for, which was the murder of Daniel Chater, he committed the 17th of the following month.
It having been said, as soon as Mills was convicted, that the design of him and Curtis in fetching the two Cockrels, the father and brother-in-law of Hawkins, to the Dog and Partridge, was to serve them as they had done Hawkins; Mills being asked the question, at first seemed very sulky; but at last said, he believed that if Winter and Robb had not met them and told them that Hawkins was dead, they should have basted the Cockrels well, when they had got them there; so that in all probability their lives were preserved by Hawkins dying sooner than his murderers expected.
Jeremiah Curtis, alias Pollard, is at Gravelines in France, and has entered himself into the corps of the Irish brigades; but Richard Rowland, alias Robb, he imagined for very good reasons, was not out of the kingdom; and indeed he was seen and spoken to on East Grinstead Common, which is near that town, the latter end of the month of January last.
Being asked if he was upon Hind Heath on Saturday, the 14th of January last, when the judges were going over it to hold the assizes at Chichester on the special commission, to try his father and brother, and the rest of the smugglers then in custody, for the murders of William Galley and Daniel Chater; he said he was, and two others were with him, but would not tell their names; that they had no manner of design against the judges, or any body with them, neither did he or his companions know or think of the judges coming at that time, for they were upon other business; and that he and his said two companions committed three robberies that afternoon and evening, the nearest being upwards of twelve miles from Hind Heath; but he refused to name any particulars, declaring he thought he merited d—nation if he was to discover any thing, by means of which any of his companions might be apprehended and convicted.
At the place of execution[14] he behaved himself much more sedate than he had done before, during the small time he lay under condemnation, and prayed very devoutly; as he did indeed all the way from the gaol to the place of execution, to which he was conveyed under a strong guard of soldiers. He owned the fact of the murder of Richard Hawkins for which he suffered; but said when he went away with Curtis to fetch the two Cockrels, he did not think the man was so near his death.
He likewise acknowledged being present at the consultation at Scardefield’s, when it was agreed to murder Daniel Chater, the shoemaker, who was at that time confined in his father’s skilling or turf-house; and also that he was concerned with the two Kemps in going with crape over their faces, and robbing farmer Havendon, of Heathfield, in the county of Sussex.
He was pressed hard to make an ingenuous confession of all the crimes he had been guilty of, but he refused; and said he would inform them how far he was concerned in anything that was known to the world already, but nothing else.
Being then asked if he was with the gang when the King’s custom-house at Poole in Dorsetshire was broken open, he said he was, for it was too well known to deny it.
Just before he was turned off, he declared he was sorry for his ill-spent life, and desired all young people to take warning by his untimely end; and said that Richard Rowland, alias Robb, was only a servant to Curtis, and was ordered by Curtis to assist him in whipping poor Hawkins; for the cruelties of which and the murder of Chater, and all other wicked actions of his life, he hoped God would forgive him; declaring he died in peace with all mankind, and therefore hoped for forgiveness.
We will next proceed and give the trials in a concise manner, of Jockey Brown, the two Kemps, Fuller and Savage, all smugglers, and tried at the same assizes at East Grinstead, in Sussex, and then proceed and give an account of their wicked lives and conversation. And first we shall proceed on the trial of Jockey Brown.
John Brown, otherwise Jockey Brown, was indicted for assaulting and putting in fear John Walter, near Bersted, and robbing him of twelve guineas in gold and twelve pounds in silver, on the 12th of October, 1748.
John Walter deposed that riding along the road near Bersted, above seven o’clock at night, the 12th of October, he was stopped by four men; two of them laid hold of the horse’s bridle, and demanded his money, which he not delivering, the other two pulled him off his horse, one of them drew out a pistol, and the other aimed to strike at his head with a hanger, which he guarded with his stick; in the meanwhile one of the other two took a canvas bag with the money in it out of his pocket, and afterwards cut his horse’s bridle, and then they all rode off.
Thomas Dixon,[15] otherwise Shoemaker Tom, deposed that himself, the prisoner and two others, attacked the prosecutor in the road to Bersted, on the 12th of October, pulled him off his horse, and took from him a canvas bag, with upwards of twenty pounds of gold and silver in it. They afterwards rode about fourteen miles farther to a public house, where they shifted, meaning shared, the money among them all four.
Thomas Wickens deposed, that the night the prosecutor, Mr. Walter, was robbed, the last witness Dixon, the prisoner at the bar, and two others, came to his house about ten o’clock at night; that they called for a private room, where they stayed drinking till twelve o’clock at night; that they had often been at his house, sometimes two, and sometimes three of them together, but at this time they were all together.
Sarah Wickens, wife of the last witness, deposed that the night Mr. Walter was robbed, the prisoner at the bar, Thomas Dixon and two others, came to their house at ten o’clock at night; that they called for a pen and ink, and a private room; that she waited upon them, and saw them telling out money in four parcels: that there was a great deal of silver and some gold, but could not tell what was the quantity.
The prisoner in his defence, said that the witness Dixon was a drunken, idle, good-for-nothing fellow, and deserved no credit to be given to what he should swear. But as he could call no witness to disprove the facts or justify his character, and Dixon’s evidence being very circumstantially corroborated by Mr. and Mrs. Wickens, the jury found him Guilty. Death.
Lawrence Kemp and Thomas Kemp were indicted for forcibly entering the dwelling-house of Richard Havendon, of Heathfield, disguised, and armed with firearms and cutlasses, putting him in fear of his life, and taking from his person eleven shillings and sixpence, and afterwards, with violence, seizing and carrying away from his dwelling-house, thirty-five pounds in money, two silver spoons, three gold rings, a two-handled silver cup, and a silver watch in a tortoiseshell case, the 2nd of November, 1748.
Richard Havendon deposed that the 2nd November last, about seven at night, he heard somebody whistle at his door, and going out to see who was there, four men with crapes over their faces seized him, put a pistol to his breast, and said they wanted money; upon which he gave them eleven shillings and sixpence out of his pocket; but they said that would not do, and took him with them into the house; when they came in they called for candles, and one of them holding a pistol to his breast, stayed with him below stairs, while the rest went up, where they stayed a considerable time, and then came down stairs with what they had got; they then took him with them to the place where they had put their horses, and swore they would carry him away with them, unless he would tell them where the rest of his money was, for they were sure he had more than what they had got; but when they were got upon their horses, they bid him good night, and went away and left him. When he came back to his own house again, he found they had broke open two doors, two trunks and a box, and taken away the money and things mentioned in the indictment. Asked what he was doing when they whistled at his door, said he was churning.
Francis Doe, an accomplice in the said robbery, being sworn, deposed that he, John Mills, alias Smoker (who was convicted for the murder of Hawkins), and the two prisoners at the bar, agreed to go and rob the prosecutor’s house. That on the 2nd of November they all four, with their faces covered with crape, came to his house, and whistled at the door; that when the prosecutor came out, they seized him and demanded his money; that the prosecutor gave them eleven shillings and sixpence out of his pocket; that they then went into the house, and Lawrence Kemp, one of the prisoners, stood sentry over the prosecutor, whilst he, this witness, with Mills and Thomas Kemp, the other prisoners, went upstairs, forced open two doors, two trunks and a box, and took thereout several pieces of gold and silver, to the amount of five or six and thirty pounds, together with some rings, spoons and a watch. That when they came downstairs, they took the prosecutor with them to where their horses stood, and threatened they would carry him away with them unless he would discover where the rest of his money was, for they were sure he had more in the house. That upon his declaring he had no more, they let him go home, mounted their horses, and rode away. Upon shifting, that is, sharing the money, he had eight or nine pounds for his share. That Lawrence Kemp, one of the prisoners at the bar, was to sell the watch, rings, &c., and to divide the money between them, but he never did as he knew.
Jacob Pring deposed that he went down to Bristol to meet with and bring up John Mills, otherwise Smoker. That when he was there he met with the two prisoners at the bar, who agreed to come up with them. That on the road, talking together of their exploits, the two prisoners owned to him their robbing the farmer at Heathfield. That they said the old man was churning when they came to his house. That they craped their faces over, and took out of the house five or six and thirty pounds, besides a watch, rings, spoons, and a silver cup.
Being asked how they came to confess a robbery to him which must affect their lives, he said that he, the two Kemps, and Mills, alias Smoker, had agreed to go robbing on the highway, and to break open houses; that the prisoners bragged of this amongst other robberies they had committed.
Being asked by the court whether he had repented of the agreement he had so made, he said that he had no such intention, but that it was only a feint, and that he went down to Bristol on purpose to bring up Mills that he might be apprehended. That there meeting with the Kemps also, and hearing of this robbery at Heathfield, he resolved to do all in his power to allure them to his house, in order to get them and Mills apprehended.
The prisoners being called upon to make their defence, both said they knew nothing of the robbery; and the prisoner Thomas Kemp said that they never made any such confession to the evidence, Pring; that he, together with John Mills, alias Smoker, Francis Doe and Jockey Brown, were all the persons who robbed the farmer at Heathfield.
Being asked whether they had any witness to prove what they had asserted, or where they were when the robbery was committed, they said they had no witnesses, for that they had no “steady,” meaning no certain place of abode, for two years past; upon which the jury found them both Guilty. Death.
Robert Fuller was indicted for assaulting William Wittenden in an open field, near the King’s highway, putting him in fear of his life, and taking from the said William Wittenden seven shillings and sevenpence halfpenny, the 14th of November.
William Wittenden deposed that coming across a field near Worth, the prisoner at the bar, who was on horseback, stopped him and enquired the way to Worth; that this witness directed him; then the prisoner asked if he had any money; he answered, “No.” The prisoner replied, “D—n you, you have, and I will have it,” and then pulled out a pistol and put it to his breast; that then this witness pulled out a little bag, in which was seven shillings and sixpence in silver, and three halfpence, which the prisoner snatched from him, and then rode away.
Being asked by the court if he was sure the prisoner was the man that robbed him, answered he was very sure, and that he saw him ride by him the next day, in company with another man.
The prisoner in his defence said that the prosecutor declared, when he came to see him in the prison, that he did not know him; and to prove this called William Cooper, who, being sworn, deposed that the day before, the prisoner at the bar, with two other prisoners, were put into a room; that the prosecutor came in and said he knew nobody there.
The prosecutor being asked how many prisoners he saw in that room, said he saw but two, and that afterwards he went into another room, where all the prisoners were, and did not see anybody there that he knew, but, turning on his right hand, he saw the prisoner standing behind him, and he said, “That is the man that robbed me.”
Mr. Rackster deposed that he was in the room the first time the prosecutor saw the prisoners; that there were indeed three prisoners in the room, but that the prosecutor saw but two, which stood before him, for the prisoner at the bar stood behind him, which was the reason that he did not see him then.
The prisoner being asked if he had any witnesses to his innocence or character, answered that he had none; upon which the jury found him Guilty. Death.
Richard Savage was indicted for stealing out of the Lewes waggon twenty-two yards three-quarters of scarlet cloth, twenty-six yards of blue cloth, the property of Thomas Friend, of Lewes, and a box, in which were contained two silk gowns and two guineas, the property of a person unknown, on April 5th, 1748.
Mr. Friend deposed that he knew his servant put up the cloth, and ordered it to be carried to the waggon.
William Brown, servant to Mr. Friend, deposed that he delivered the cloth to the carrier’s man.
Matthew Comber, the carrier’s man, said he received the cloth from the last witness. That on the 5th of April last he was set to watch the waggon all night at Chailey; that two men came up to him about ten o’clock at night, enquiring what waggon it was; on his telling them, they took him away about two hundred yards from the waggon, where one of them kept him prisoner with a pistol at his breast; that then came up seven more men, who got off their horses, and left them at some distance from the waggon, with one man to take care of them. That the rest of the men went up to the waggon, and cut the cords, threw off some woolpacks, and then threw some boxes and other goods out of the waggon; that they broke open the boxes, took out the goods, loaded their horses, and went away.
Thomas Winter, otherwise the Coachman, an accomplice, deposed that on the 5th of April, he and Shoemaker Tom, with the prisoner at the bar and several others, met at Deval’s house at Bird’s Hole, and agreed to go out and rob a waggon that was loaded with wrecked goods; that about ten o’clock at night they came all together upon Chailey Common, where they took the carrier’s man prisoner, and one of them kept him so, while the rest went and rifled the waggon. That they broke open several boxes and parcels, and took away a large parcel of scarlet cloth, and another large parcel of blue cloth, and a box with two silk gowns and two guineas in it, with other goods. That after they had loaded their horses they rode away to Bird’s Hole, near Devil’s Ditch, where they shared the goods; that the prisoner at the bar was with them in the robbery, and had a share of the goods.
Thomas Dixon, otherwise Shoemaker Tom, another accomplice, deposed that he and Winter, and several others, met together at Deval’s house, at Bird’s Hole, and agreed to go and rob the waggon, as mentioned by the last evidence; that there they laid hold of the carrier’s man, took him some distance from the waggon, and set one of their number as a guard over him; that they then plundered the waggon, and took the cloth and other things mentioned in the indictment; that having loaded their horses, they made the best of their way to Bird’s Hole, and in a ditch near that place they divided the spoil.
Being asked by the court if the prisoner at the bar was with them at the time of their committing the robbery, said he believed he was, but was not sure; but that he was very sure that he was present at the time of sharing the goods, and that he had his share in the dividend; and that this witness sold his share to the last evidence, Thomas Winter.
The prisoner in his defence denied being any ways concerned in the robbery; but had no witnesses to call to contradict the facts as sworn by the witnesses for the prosecution. The jury brought him in Guilty of single felony. Transportation.
Mr. Friend, the prosecutor of Savage, laid the indictment for single felony, because he did not care to take life away; but the trial had not been over an hour, before he was informed by Winter and Shoemaker Tom that Savage had been concerned with them in many things, and that when Savage lived as a servant to Mr. Friend’s brother, to look after and manage a farm for him, that was fallen upon his hands by a tenant leaving it, that Savage used to entertain them all, which was a gang of about twelve or thirteen, where they used to come with their goods, and he found the horses in hay and corn, and them with victuals and drink; and they gave him tea and brandy for it, which he sold for his own use. He received sentence of transportation, but is ordered to be stopped in order to be tried next assizes for another fact.
Having now given an account of the trials of all the seven smugglers at East Grinstead, six of whom were executed for the several crimes of which they stood convicted, we shall now proceed to give an account of their behaviour and last dying words.
John Brown, alias Jockey Brown, about 33 years of age, was born of honest parents in the county of Sussex, who gave him a tolerable education, but he had followed smuggling for many years, and being apprehensive of being taken up for that crime, he absconded from his home and lurked about; and being acquainted with Winter, commonly called the Coachman, Shoemaker Tom, who was evidence against him at his trial, Fuller, and the two Kemps, his fellow sufferers, and many more smugglers, many of whom were outlawed, they all agreed to rob on the highway, and break open houses, in order to support themselves, being afraid to go a-smuggling; but they did that sometimes, when they could get anybody that they could trust to take the goods. He refused to make a general confession, but did not deny being concerned in robbing Mr. Walter on the highway near Bersted, for which he suffered.
He exclaimed against Mr. Wickens and his wife, who gave evidence against him at his trial, and said that he had never done them any harm.
He was taken up at first on suspicion of being a smuggler with Richard Mills, who was executed at Chichester, Richard Perrin, alias Payne, Thomas Kingsmill, alias the Staymaker, and William Fairall, alias the Shepherd, the three last now under condemnation in Newgate, for breaking open his Majesty’s warehouse at Poole; and being carried before Justice Hammond, in the Borough of Southwark, he committed them all five to the county gaol for Surrey, from whence he was removed by a Habeas Corpus to East Grinstead to take his trial.
He was not so very penitent as a person should be under his unhappy circumstances, but he frequently prayed to God to forgive him, and lamented most for the disgrace he had brought upon his family.
Lawrence Kemp and Thomas Kemp, two brothers, whose trials have been before related, refused to give an account of themselves, only that they were born near Hawkhurst, in Kent, and that they had been smugglers for many years and had committed many robberies, but said they never were concerned in any murder.
Thomas Kemp being asked if he was guilty of the indictment he was tried upon at the Old Bailey before he broke out of Newgate, he at first did not care to answer the question, but at last said he was.
They married two daughters of a farmer near Nettlebed, in Oxfordshire; but as the father of the unhappy young women lives in good reputation, and the women themselves having the character of very virtuous persons, we think it improper to mention any particulars concerning them, their own misfortunes being sufficient trouble to them.
As to Thomas Kemp, he broke out of Newgate soon after he was tried and acquitted at the Old Bailey, being charged with a large debt due to the crown; the circumstances attending his escape being somewhat more than common, we shall here insert them.
Thomas Potter and three other smugglers came into the press-yard of Newgate to see Thomas Kemp and William Grey, who was also one of the Hawkhurst gang, when they agreed at all hazards to assist in getting them out; and accordingly the time was fixed (Kemp having no irons, and Grey had his so managed as to let them fall off when he pleased), and Potter and the other three came to the press-yard door, and rung the bell for the turnkey to come and let them in; when he came and had unlocked the door, Potter immediately knocked him down with a horse pistol, and cut him terribly, when Kemp and Grey made their escape, and Potter and his companions got clear off without being discovered.
There were three other prisoners got out with them, but were taken directly, having irons on.
They were both very obstinate men, and could not be brought to think that smuggling was a crime, and when asked if they did not think robbing farmer Havendon, for which they were convicted, was a crime, they said they did, and begged pardon of him for it, but that if they had not been obliged to hide themselves from their home, for fear of being apprehended as smugglers, they should never have committed robberies.
Thomas Fuller, about thirty years of age, born in Kent, at first denied the robbery for which he was to suffer, and often said it was very hard to take away the life of a man on the single testimony of one person, who was to receive a reward for so doing; but the day before his execution he was brought to a confession of the fact, and acknowledged he did commit it in the manner it was sworn at his trial.
His wife attended him at his trial, and during his condemnation, for whose misfortunes he often declared himself sorry, and said he did not value death, but that he left her to the reproaches of a censorious world; but begged for God’s sake, that nobody would reflect on her or any of her family, for none of them were ever privy to his wicked actions.
He acknowledged he had been a smuggler many years, and was as deeply concerned as most of them; but that he was not concerned in breaking open the King’s warehouse at Poole, nor in the murders of Galley and Chater; but confessed he had been a very wicked sinner.
On Saturday, the 1st day of April last, they were all taken out of Horsham gaol and carried to the gallows, where they all seemed much more composed and devout than they had been before. None of them made any confessions, only desired all the spectators to take warning by their untimely end, particularly all young people.
After they had said their prayers some time, they were all tied up to the gallows and turned out of a cart, crying to the Lord to receive their souls.
We shall now give our readers, as we promised, an account of those four notorious smugglers, tried also at the assizes at Rochester, for the county of Kent, for divers robberies, and who were executed on Pickenden Heath, near Maidstone; whose method of robbing was going in the evening, disguised, and getting into houses, then binding all the family and robbing the same.
Stephen Diprose and James Bartlett were indicted, together with John Crumpton, not yet taken, for forcibly entering the dwelling-house of John Rich, of Linton, in the county of Kent, on the 31st of October last, putting him in fear of his life, and feloniously taking away £170l. in money, one small box and three gold rings.
The prosecutor deposed that about six o’clock in the evening on the 31st of October, somebody knocked at the door, and on his servant going to see who it was, four men rushed in, all disguised, with pistols and cutlasses in their hands. When they came in they demanded money, and asked him where his money was, upon which he desired they would be easy, and he would give them what he had. But they put one over him, and two of them went and rifled the house; and when they were gone he missed the money, &c., mentioned in the indictment.
Thomas Rogers, an accomplice in the fact, was next called, who deposed that he, the prisoners Stephen Diprose and James Bartlett, and John Crumpton, not yet taken, agreed to go and get some money upon the 31st October, and accordingly came to a resolution to go and rob Mr. Rich, of Linton. Accordingly they all set out, and when they came to Mr. Rich’s door, Diprose knocked, and the door was soon opened, on which they all rushed in with firearms and cutlasses in their hands, and seized Mr. Rich and all his family, most of whom they bound, but who they were in particular he could not tell; that those who were not bound had one to stand guard over them, and two of the gang, Crumpton and James Bartlett, rifled the house; and that he believed they took away all the things mentioned in the indictment.
Being asked what he meant by saying he believed they took away all the things mentioned in the indictment, said that they did not give him nor Diprose a share of anything more than two gold rings and about seventy pounds in money; but that since that time he had heard by Crumpton that they took more money and goods at Mr. Rich’s of Linton, which he and Bartlett had concealed.
Being asked if he was sure the prisoners at the bar were with him at the commencement of the fact, he said that they all agreed to go to Linton on purpose to rob Mr. Rich, imagining he had got a great deal of cash by him in his house.
Several of Mr. Rich’s servants were then produced, who deposed to the like effect of the thieves coming to their master’s house, and acting in the manner as was before related by the evidence Rogers; and some of them deposed further that the prisoners and Rogers were, they believed, three of the four men by their size and voices, that robbed Mr. Rich’s house, and bound most of his family. Here the proof for the prosecutor was ended.
The prisoners being called on to make their defence, had little or nothing to say, only denied the fact, and said that Thomas Rogers was a very wicked fellow, and that they knew nothing of him; and supposed he swore this to get himself at liberty, and for the sake of the reward that was to be paid on their conviction; but having no witnesses to prove the contrary of what Rogers had sworn, and nobody appearing to give them the character of honest men; and it likewise appearing by the testimony of credible witnesses, that they and Rogers and Crumpton, who stand indicted for the same, were all acquaintance, and frequently together, and reputed all smugglers, the jury, without going out of court, brought them both in Guilty. Death.
William Priggs and James Bartlett (the same Bartlett convicted on the last indictment), were indicted for forcibly entering the dwelling-house of John Wright, of Snave, in the county of Kent, and taking from thence two bags of money containing 31l. 7s. 6d.
This fact was proved upon the prisoners by the prosecutor and his servants, and Rogers an accomplice; the prosecutor deposing he knew the prisoners again, and was sure they were the men that robbed him of the two bags of money mentioned in the indictment; he further deposed that when they came into his house they had all pistols and cutlasses in their hands, and swore they came for money, and “D—n them,” money they would have; that they bound him and his family, and one stood sentry with a pistol cocked in his hand, while the others went upstairs and took the money: that it was Priggs that stood sentry, while Bartlett and Rogers went and took the money.
The prosecutor further deposed, that when they had got the two bags which contained 31l. 7s. 6d., they swore they would blow his brains out if he did not tell them where the rest of his money was, for they were sure that was not all; that they would destroy the family if they did not confess where there was more money; but upon his declaring he had no more in the house, and they making him swear it, they went away and, on going, said if they stirred for two hours, or attempted to call out, they would murder them, and to that end should stay just by to watch.
Thomas Rogers, the same witness as was against Bartlett and Diprose on the last indictment, deposed that he and the two prisoners went and committed the robbery at Mr. Wright’s house, at Snave, and bound Mr. Wright and his family, and took the two bags of money mentioned in the indictment; that they had crapes with them to put over their faces, but did not put them on at the committing this robbery.
Several other witnesses were produced, who confirmed what had been sworn by the prosecutor and Rogers the accomplice; and the prisoners having nothing to say or prove in contradiction to the evidence that had been given for the crown, only in general said they were innocent of the crime laid to their charge, the jury brought them both in Guilty. Death.
Thomas Potter was tried for stealing a horse; but as he so solemnly declared, and took the Sacrament just before his execution, that he knew nothing of the robbery, we shall omit the evidence, or the names of those concerned in the prosecution. The fact was sworn positively upon him, and he, not being able to prove the contrary, was found Guilty. Death.
While these men were under sentence of death, they were visited frequently by a reverend divine of the town of Maidstone, who endeavoured to bring them to a true and thorough repentance of all their past wicked lives and actions, being well assured that they had been smugglers many years, and that they had belonged to a gang, who committed many robberies, such as robbing houses in the same manner as the indictment had charged Diprose, Bartlett and Priggs; and also with having committed many robberies on the highway, besides other vile outrages, as well as smuggling.
They all behaved indifferently well under their unhappy circumstances, much better than those who had been smugglers generally did, and frequently prayed to God with great fervency, and were seemingly very sorry for their past misspent lives.
Thomas Potter, born at Hawkhurst, in Kent, twenty-eight years of age, declared he had been a very wicked sinner, and that he had been guilty of all manner of crimes except murder; which he declared he never was; though he confessed he did design to murder the turnkey of Newgate, when he went to get Grey and Kemp out of gaol; but that he was glad it happened no worse than it did, and that he often prayed the man might recover of the wounds he gave him; and that when he heard he was well again, he said it gave him great satisfaction.
He absolutely denied the fact for which he suffered, but acknowledged that he had committed crimes sufficient to have hanged him for many years past.
He refused to make any particular confession, but acknowledged that he had been a smuggler many years; and that he was well acquainted with the Kemps, Brown and Fuller: also with the Mills’s, as likewise with Winter the Coachman, and Shoemaker Tom, who were both admitted evidences against their companions at Horsham.
William Priggs was born at Seling, in the county of Kent, of very honest parents, who gave him a good education in a common way, was about thirty years of age, and had been a smuggler some years last past.
He acknowledged committing the fact for which he died, as was sworn against him on his trial, and begged pardon of the prosecutor for the great injury he had done him; as also of others he had in any ways injured in his life.
He solemnly declared that it was the evil gang he kept company with that persuaded him to commit the fact he died for, and said he never had been guilty of many robberies, though he had been a smuggler many years.
The day before his execution he declared himself truly penitent for all his wicked crimes he had been guilty of, and said he freely forgave his prosecutor, as he hoped for forgiveness from God.
He was asked if he knew of the robbery of the Rev. Mr. Wentworth, of Brenset, in the county of Kent, on the 19th day of December, when he declared he did not; but that he had heard that one Butler was concerned; and for anything more concerning that affair he did not know.
James Bartlett, aged forty-two years, was born of very honest parents at Aknidge, in the county of Kent, who gave him as much education as their circumstances would allow them.
He acknowledged the fact for which he died, but said as Priggs did, that it was evil company that he had associated himself with that drew him in to commit those wicked crimes.
He seemed very obstinate most of the time of his being under condemnation, and would not acknowledge himself guilty of any other robberies, but said he had been a smuggler many years, and did not see any great crime in that.
He was particularly pressed to state if he was not concerned in any murders, particularly that of Mr. Castle, the excise officer, who was shot on Silhurst Common by a gang of smugglers, when he, with several other officers, had seized some run goods; to which he would not give a positive answer, so that there were some grounds to think he was concerned.
He often said he had not the sin of murder to answer for; but one of his unhappy companions, and a fellow-sufferer, said he evaded the thing, by meaning that no person was ever murdered by his hands, but that Bartlett had been concerned where murder had been committed.
Stephen Diprose, born of honest parents, at High Halden, in the county of Kent, thirty-nine years of age, acknowledged himself guilty of the crime for which he was to suffer, and said he had been a wicked liver and a most notorious smuggler, having followed that employment for a great number of years; and that he never entertained a thought of smuggling being a crime till now, and that he was sincerely sorry for all his past iniquities.
He, as well as Priggs and Bartlett, laid the blame upon evil company, and said it was by the persuasion of some of his companions that he ever went a-robbing; but just before he went out of the gaol to execution he confessed it was pure necessity that obliged him to it, as it was the case of the rest of his companions who were afraid of being apprehended for smuggling; which if it so happened, they were all dead men.
He said that he verily believed that the reason why so many notorious villainies and murders had been committed by the smugglers was owing to their not being safe in appearing publicly.
On Thursday, the 30th of March, they were conveyed from Maidstone gaol to Pickenden Heath, the usual place of execution.
There were three more criminals executed with them, that were likewise convicted at the same assizes at Rochester, viz.:—Samuel Eling, who was born at Stanmore, in Middlesex, about thirty-five years of age, and John Davis, born near Hertford Town, aged twenty-two, as companions, for a robbery on the highway on Bexley Heath; and Richard Watson, born in Yorkshire, who would not tell his age, but supposed between thirty and forty, also for a robbery on the highway. These three criminals behaved themselves penitently at the gallows, as indeed they had done during the time of their lying under condemnation; and Eling and Davis declared to the last moment they were both innocent, and that they had never been guilty of any felonies or robberies; and forgave their prosecutor, as they expected forgiveness; and declared they died Protestants. Watson acknowledged his guilt; and said little more than that he forgave all his enemies, and died in charity with all men.
At the place of execution they all behaved penitently. Potter declared to the last moment he did not commit the robbery for which he died; and said he freely forgave his prosecutors, as he hoped for forgiveness for all his manifold sins, through his Redeemer Jesus Christ. Diprose said that his greatest consolation was, he never committed murder, or had been concerned at any time when murder had been committed. They none added anything to their former confessions, and having done praying and singing psalms, were turned off, crying to the Lord Jesus to receive their souls.
Having now finished the accounts of those smugglers, except Kingsmill, alias Staymaker, Fairall, alias Shepherd, Perrin, Glover and Lilliwhite, who were tried at the Old Bailey, for breaking open the King’s custom-house at Poole, we shall next proceed to give their trials, and conclude this work with a particular account of their lives, and the last dying words of Kingsmill, Fairall and Perrin, who were executed at Tyburn, the first two named now hanging in chains in Kent.
As to the life of Kingsmill, it will appear to be very remarkable; but for that of Fairall the like was never heard before, he being, even as he acknowledged himself, the most wicked smuggler living.
Thomas Kingsmill, alias Staymaker, William Fairall, alias Shepherd, Richard Perrin, alias Pain, alias Carpenter, Thomas Lilliwhite, and Richard Glover were indicted, and tried at the sessions-house in the Old Bailey, on Friday, the 4th of April, 1749, for being concerned with others, to the number of thirty persons, in breaking into the King’s custom-house at Poole, and stealing out of thence thirty-seven hundredweight of tea, value 500l. and upwards, on October 7th, 1747.
The prisoners being severally arraigned, and pleading not guilty, the counsel for the King opened the nature of the indictment. Then Mr. Bankes and Mr. Smythe, two of his Majesty’s counsel, spoke very particularly to the whole affair, shewing the enormity of the crime as being the most unheard-of act of villainy and impudence ever known, and proceeded to call the witnesses in support of the charge.
Captain William Johnson called and sworn: I have a deputation from the customs to seize prohibited goods. On the 22nd of September, 1747, I was stationed out of Stainham Bay, just by Poole. I was under the north shore and examined a cutter I suspected to be a smuggler. After quitting her I had a sight of the Three Brothers; I discovered her to the eastward, and after discovering her she put before the wind at N.N.W. I gave her chase with all the sail I could make; I chased her from before five in the afternoon till about eleven at night. After firing several shot at her, I brought her to. I went myself on board, and found she was loaded with tea, brandy and rum. The tea was in canvas, and oilskin bags over that, the usual packing for tea intended to be run; there was a delivery of it, forty-one hundredweight and three-quarters gross weight; there were thirty-nine casks, slung with ropes, in order to load upon horses, as smuggling brandy commonly is; there were seven persons in the cutter. I cannot say any of the prisoners at the bar were there. I carried these goods to the custom-house at Poole, and delivered them into the charge of the Collector of Customs there; the tea was deposited in the upper part of the warehouse; the brandy and rum were lodged in another part beneath.
William Milner, Esq., was next called and sworn: I am Collector of the Customs at Poole. On the 22nd or 23rd of September, Captain Johnson brought a vessel, whose name was given to me to be the Three Brothers. She had burthen two ton of tea, thirty-nine casks of brandy and rum, and a small bag of coffee. The tea was put in the upper part over the custom-house all together, except one small bag, which was damaged, which we put by the chimney. We made it secure; but it was taken away.
Q. Give us an account how it was taken away.
Milner. On the seventh of October, between two and three in the morning, I had advice brought me by one of the officers, that the custom-house was broken open; the staples were forced out of the posts; about five or six feet farther there was another door broken; at the door of my office the upper panel was broken in pieces, as if done with a hatchet, by which means they could more easily come at the lock, which was broken; and another door leading into the warehouse was also broken in pieces, so that there was a free passage made up to the tea warehouse, and the tea all carried off, except what was scattered over the floor, and one bag of about five or six pounds and the bag of coffee. They never attempted the brandy and rum.
Q. Did anybody ever come to claim the brandy and rum?
Milner. No, for it was condemned in the Exchequer.
Q. Was the tea in such sort of packages as the East India Company have?
Milner. No, sir, it was packed as is usual for run tea, and the brandy was in small casks all slung ready to fling over the horses.
The counsel for the crown having done examining Mr. Milner, proceeded to call several witnesses who were concerned in the fact; and in order that nothing but justice might be done, and the truth only appear against them, the witnesses were called in separately, so that Steel, who was the second, was not admitted into court till Race, who was the first examined, had gone through his evidence; and Fogden, who was the third and last examined, was likewise not suffered to go into Court till Steel had done.
John Race was called and sworn; who being asked if he knew the custom-house at Poole, answered, “I do know the custom-house at Poole.”
Q. Do you know any thing of its being broken open?
Race. It was broken open soon after Michaelmas. I do not know the day of the month. It was a year ago last October. There was tea taken out of it.
Court. Look at the prisoners. Do you know either of them?
Race. I know them all.
Court. Give us an account of what you know about it.
Race. I was not at the first meeting. The first time I was with them about it was in Charlton Forest, belonging to the Duke of Richmond: there was only Richard Perrin of the prisoners there then. We set our hands to a piece of paper to go and break open Poole custom-house, and take out the goods. It was Edmund Richards that set our names down; some of them met there Sunday, but I was not then with them; when we met on the Monday at Rowland’s Castle, the prisoners were all there, except Kingsmill and Fairall, and were all armed when they met, with blunderbusses, carbines and pistols; some lived thereabouts and some towards Chichester; so we met there to set out altogether. When we came to the Forest of Bere, joining to Horndean, the Hawkhurst gang met us, the prisoners Kingsmill and Fairall being with them, and they were seven in number, and brought with them, besides the horses they rode on, a little horse, which carried their arms; we went in company after we were joined, till we came to Lindhurst; there we lay all day on Tuesday, then all the prisoners were there; then we set out for Poole in the glimpse of the evening, and came to Poole about eleven at night.
Q. Were all the prisoners armed?
Race. To the best of my knowledge all the prisoners were armed both at Horndean in the Forest of Bere, and at Lindhurst; and when we came near the town of Poole, we sent two men to see if all things were clear for us to go to work, in breaking the warehouse, &c. The men were Thomas Willis and Thomas Stringer; Thomas Willis came to us and said “There is a large sloop laying up against the quay; she will plant her guns to the custom-house door, and tear us in pieces, so it cannot be done.” We were turning our horses to go back, when Kingsmill and Fairall and the rest of their countrymen said, “If you will not do it, we will go and do it ourselves.” This was the Hawkhurst gang. John and Richard Mills were with them; we call them the East-country people; they were fetched to help to break the custom-house. Some time after this, while we were consulting what we should do, Thomas Stringer returned and said the tide was low, and that the vessel could not bring her guns to bear to fire upon us. Then we all went forward to Poole. We rode down a little back lane on the left side the town, and came to the seaside. Just by this place we quitted our horses; Perrin and Lilliwhite stayed there to look after them.
Court. Why did you leave Perrin and Lilliwhite with the horses, more than anybody else?
Race. Because Perrin was troubled sometimes with the rheumatism, and not able to carry the goods so well as the rest; and Lilliwhite was a young man and had never been with us before.
Court. Well, go forward with your evidence.
Race. We went forward, and, going along, we met a lad, a fisherman; we kept him a prisoner. When we came to the custom-house, we broke open the door of the inside; and when we found where the tea was, we took it away. There was about thirty-seven hundredweight and three-quarters. We brought it to the horses, and slung it with the slings, and loaded our horses with it; the horses were two or three hundred yards off the custom-house. We sacked it in what we call horse-sacks to load.
Court. Were all the prisoners at the bar, or which of them, present at loading the horses?
Race. All the five prisoners were there, I am sure; and after we loaded all the horses, we went to a place called Fordingbridge; there we breakfasted and fed our horses. There were thirty-one horses, and thirty men of us; the odd horse was that for the East-countrymen to carry their arms upon.
The counsel for the King having done with this witness, those of the counsel for the prisoners got up; and as Mr. Crowle was for Perrin, Mr. Carew for Glover, and Mr. Spilltimber for Lilliwhite, the court advised them to ask such questions only as related to the prisoners they were retained for.
Cross-examined by Lilliwhite’s counsel.
Q. Did you see either of the prisoners assist in breaking the custom house?
Race. I saw Fairall and Kingsmill carry tea from the custom-house to the horses. When we came back to a place called Brooke, there we got a pair of steelyards and weighed the tea, and equally divided to each man his share; it made five bags a man, about twenty-seven pounds in a bag; the two men that held the horses, which were Lilliwhite and Perrin, had the same quantity.
Q. Were you all armed—are you sure?
Race. There were twenty of us all armed at Rowland’s Castle. Richard Perrin had a pair of pistols tied round his middle.
Q. Had Lilliwhite arms?
Race. Lilliwhite lay at my house on Sunday night, and another man with him; their horses were in my stable.
Q. Give me an answer to my question; are you sure that Lilliwhite had arms about him when you left him to hold the horses?
Race. I cannot tell; I cannot be quite certain.
Q. Was Lilliwhite ever with you before or since that time?
Race. No, never, as I know of; I never heard he was a smuggler.
Cross-examined by Glover’s counsel.
Q. Was Glover ever a reputed smuggler before, or did he ever act as such?
Race. No, not as I know of, neither before nor since. Richard Perrin was the merchant that went over to Guernsey to buy this cargo of brandy, rum and tea. I paid him part of the money as my share to go. He told me, after the goods were taken and put on board another vessel, that he had lost the tea by the Swift privateer, Captain Johnson.
Q. Hid you never hear that Glover was forced to go against his consent by Richards, his relation?
Race. No, I did not hear any such thing. Edmund Richards brought him, and I never knew him do anything but this time.
Cross-examined by Perrin’s counsel.
Q. Are you sure that Perrin was armed, particularly when he was with the horses?
Race. Yes, he was, and was armed all the way we went from the Forest of Bere, and at that place too.
Q. You say Perrin was troubled with the rheumatism; why would you take a man with you that could not help you to carry off the goods?
Race. I don’t know; I am sure he was with us, and had his share of tea when we divided it at Brooke.
William Steel was called, and appearing, was sworn.
William Steel. When I came home, I was told the goods were taken by Captain Johnson. The first time we met, I cannot say any of the prisoners were there. When we met in Charlton Forest at the Center-tree, I believe Richard Perrin was there; there were a great many of us there; this was some time in October; we met to conclude about getting this tea out of Poole custom-house. We came to some conclusion there; from thence we came to Rowland’s Castle on a Sunday in the afternoon; there were about twenty of us; I think Thomas Lilliwhite was there.
Q. Were there any of your company armed?
Steel. I cannot say there were any arms there on the Sunday. On the Monday, in the afternoon, some time before sunset, when we set out, every man was armed.
Q. How came they by their firearms?
Steel. They had them from their own houses, as far as I know. I do not remember one man without: some had pistols, some blunderbusses; all the Hawkhurst men had long arms slung round their shoulders, and Fairall, alias Shepherd, had a hanger. We went from Rowland’s Castle, and when we came to the Forest of Bere we were joined by the Hawkhurst gang; this was on a Monday night. The prisoners Kingsmill and Fairall were part of the Hawkhurst gang that joined us, and had with them a little horse which brought their arms and would follow a grey horse one of them rode on; there were about seven of them. We went from Dean to Lindhurst, and when we set out from thence to Poole we were all armed; we all looked at our firearms to see if they were primed.
Court. When you looked at your arms to see if they were primed at Dean, are you sure all the prisoners were there, or which of them?
Steel. They were all five there at that time, and we went together till we came near Poole, when Stringer and Willis went forward to see how the way stood; and when we came within about a mile of the town, Willis and Stringer[16] came and met us, and one of them said it was impossible to be done. We turned our horses again, and came to a little lane, and every man got off, and tied our horses up to a rail, which was put along a sort of a common. There were thirty-one horses; we left them under the care of Thomas Lilliwhite and Perrin; we every man went to the custom-house, and broke it open. I and another went to the quay, to see that nobody came to molest us. When I came back again the custom-house was broken open; they said it was done with iron bars. They were carrying the tea when the other man and I came to them.
Court. Who do you mean were carrying the tea?
Steel. All that went on purpose to break the custom-house open; I do not mean any in particular.
Court. Were any of the prisoners there?
Steel. Yes; Glover, Kingsmill and Fairall, Lilliwhite and Perrin being still with the horses. When we came we found the strings and tied it together, and carried it away to a gravelly place. There we fetched our horses to the place, and loaded them and carried it away. Then we went to a place called Fordingbridge, where we baited and refreshed ourselves. We loaded, and went for a place called Sandy Hill; but at a place called Brooke, before we came to this place, we got two pair of steelyards and weighed the tea, and it came to five bags a piece.
Q. Did you carry the tea to your horses, or did you bring the horses to the tea?
Steel. We carried the tea to a plain place convenient for loading. Then we brought the horses forward to be loaded.
Here Race was called again—he had said they carried the tea to the horses.
Q. to Race. Did you carry the tea to the horses?
Race. I had been employed at the custom-house to tie up the tea; and when I came, the horses were with the tea.
Cross-examined by Lilliwhite’s counsel.
Q. Did you ever know Lilliwhite before?
Steel. I have known him, and been acquainted with him four or five years.
Q. Who came there first, he or you?
Steel. He was there first.
Q. Was Lilliwhite ever a-smuggling with you before this time?
Steel. Not as I know of.
Q. Was he ever reputed a smuggler before this affair happened?
Steel. Not as I know of.
Q. Do you think when Lilliwhite went with you, that he knew what you were going about?
Steel. I think he did; we talked openly of it; but I cannot swear he did.
Q. Do not you know that Lilliwhite was asked only to take a ride with you, and that he did not know what you were going upon till you came to the Forest of Bere?
Steel. I cannot say any such thing; he joined us at Rowland’s Castle.
Q. You say the Hawkhurst gang joined you at the Forest of Bere, and had a little horse with them?
Steel. Yes.
Q. What arms were upon that little horse?
Steel. I think there were seven long muskets on him.
Q. Were the arms for you?
Steel. We had arms before that; they were brought for their own use.
Q. Had Lilliwhite any arms when holding the horses?
Steel. I cannot say that he had.
Q. Did you all put down your names on a piece of paper to go upon this affair?
Steel. Each man’s name was put down by Edmund Richards.
Q. Was Lilliwhite’s name put down?
Steel. I cannot say it was.
Cross-examined by Glover’s counsel.
Q. Was Glover ever concerned in smuggling before this?
Steel. No; I believe he never was before or since.
Q. Did you ever hear he went with reluctancy, and against his will?
Steel. As to that, I never heard he did; but I believe Richards forced him to it. This I know, Glover lived in Richards’ house, and I believe Richards was the occasion of his going with us.[17]
Q. Who was your commander?
Steel. There was nobody took the lead, one more than the other.
The counsel for the King then called Robert Fogden, who being come into court, was sworn.
Robert Fogden. I remember the time the tea was seized upon. I was at the consultation in Charlton Forest; there we concluded to go after the tea; there was a noted tree that stood in the forest, called the Center-tree. I do not know whether either of the prisoners were there. I was not at Rowland’s Castle; I was with others of the company, on a common just below, for we met at both places, and then met altogether at a place appointed in the Forest of Bere.
Q. Were any of the prisoners at the house you was at?
Fogden. No, not one. At the Forest of Bere there were, I believe, all the five prisoners. We met together at a lone place there; we stayed there till the Hawkhurst men came to us; then there were thirty of us in number. The prisoners Kingsmill and Fairall were with the Hawkhurst gang, and were part of that gang.
Q. Were you all armed?
Fogden. To the best of my knowledge we were all armed.
Q. For what purpose did you meet there?
Fogden. We were going to fetch away the tea that had been taken from us by Captain Johnson, and lodged in the custom-house at Poole.
Q. How did you take it?
Fogden. By force; went from thence to Lindhurst; we got there in the night, just as it was light. We stayed there till near night again; then in the night we went to Poole, and went to the backside of the town, and left our horses in a little lane. I never was at Poole before this or since; I believe we left our horses about a quarter of a mile out of town. We left them in care of two men, Perrin and Lilliwhite. Then we went and broke open the custom-house. I saw the door broken open with two iron bars.
A Representation of ye Smuggler’s breaking open ye King’s Custom-house at Poole.
Q. Where did you get them?
Fogden. I cannot tell.
Q. Where did you find the tea lodged?
Fogden. It was in the top of the warehouse.
Q. Were any of the prisoners at the bar concerned in it?
Fogden. They were there, and did assist as the rest, except the two that held the horses. We brought the horses to a place near, and then carried the tea to them. It was a very narrow lane where we stopped first, and we brought the horses up to a more open place for loading.
Q. Did the prisoners at the bar help you load?
Fogden. Yes, all of them.
Q. Did you put an equal quantity on each horse?
Fogden. We distributed it as near as we could. There was our little horse that carried the arms had not so much as the other horses had on them. Every horse there was loaded with tea; from thence we went to a little town called Fordingbridge; at the next place we stopped, we weighed the tea with two pair of steelyards; for we thought it was not equal, some was scattered out of some of the bags. Then we divided it as equally as we could; they were quartern bags, each prisoner had five bags.
Q. When did you see Lilliwhite first?
Fogden. In the forest; I never saw him before.
Q. Was he there before or after you?
Fogden. I cannot tell.
Q. Did you hear any threats, if any should discover this affair what should be done to them?
Fogden. No, Sir.
Q. Had Lilliwhite arms when left with the horses?
Fogden. I believe he had not.
Q. Was Lilliwhite ever with you a-smuggling before?
Fogden. No, never as I know of.
Q. Was Glover ever with you a-smuggling before?
Fogden. No, never as I know of.
The counsel for the King resting their proof here, the prisoners were severally called upon to make their defence, when Kingsmill and Fairall said they had nothing to say, only that they knew nothing of the matter.
Perrin, having retained counsel for him, called the following persons to his character.
John Guy. I have known Perrin almost twenty years. He is a carpenter, and always bore a very good character among his neighbours. I never heard he neglected his business.
Q. Did you ever hear he was a smuggler?
Guy. I have known him these fifteen or sixteen years, and he always bore a very good character. I never heard in my life of his neglecting his business and going a-smuggling.
Q. Did you never hear he was a smuggler?
Guy. No, never, but by hearsay, as folks talk.
Richard Glover’s defence: I was forced into it by my brother-in-law, Edmund Richards, who threatened to shoot me if I would not go along with him.
William Tapling. I have known Richard Glover twenty years; I never heard before this unhappy affair that he was a smuggler; I believe he never was before. I know his brother-in-law Richards, and that Glover was about two months with him. Richards is a notorious wicked, swearing man, and reputed a great smuggler; I cannot help thinking he was the occasion of Glover’s acting in this.
Henry Hounsel. I have known Glover a child; he was a sober young lad; I never knew him otherwise, nor did I ever hear him swear an oath in my life.
Q. Did you never hear he was a smuggler?
Hounsel. Never before this. He lived with his father till the year 1744. His father dying, he followed his business till August, 1747. He went in the beginning of June to that wicked brother’s house, and was there about two months. He went after that to live servant with the Rev. Mr. Blagden. After that he got into Deptford yard, and there he continued ever since, till taken up, articled to a shipwright. This affair was at the time he was at his brother-in-law’s house.
John Grasswell. I have known Glover these twelve years and upwards; I believe he never was guilty of smuggling before this; his character is exceedingly good. I never knew him frequent bad company, or guilty of drinking or swearing an oath.
Woodruff Drinkwater. I have known Glover ever since he was born; I never heard he was reputed a smuggler either before or since, exclusive of this time; his temper is not formed for it at all, far from it; after his father died he was left joint executor with his mother (left in narrow circumstances); he often came to me on any little occasion for five or ten guineas; he always kept his word; after his mother married again, there was some difference in his family; he went into the country, and I was very sorry for him at his going to Richards’s house, and I cannot think he was voluntary in this rash action.
Mr. Edmonds. I have known Glover ever since the 9th of April last; he came to me and was entered into his Majesty’s yard at Deptford the day following; he bore a good character before, and during the time he has been with me he has behaved very well and sober; he obtained a good character of all that knew him; I have had as good an opinion of him as any man I know; he was with me till the day he was taken.
Mr. Dearing. I live in the parish where this young man was born. I go there for the summer season; I have known him about eighteen years; being informed of this bad thing, it made me come to London on purpose to say what I knew of him; we in the country had great reason to believe that bad man Richards had corrupted him; he was a well-behaved lad before this happened; his uncle came to me, and the young man came and begged of his uncle, that he would see out for some business for him, in some way or other, adding that he could not bear to live with Richards; I had just hired a servant, or I had taken him; just after this bad affair happened, and he was unfortunately drawn into it.
The Rev. Mr. Blagden. I live at Slindon, in Sussex. The prisoner Glover was my servant; I knew him and his family before; he behaved exceedingly well with me as any could, and if he were discharged from this I would readily take him again; he attended on religious service, public and private, constant; I never heard an ill word or an oath from his mouth, or anything vulgar.
Thomas Lilliwhite’s defence: I was down in the country, and a person desired me to take a ride with him; I agreed upon it, not knowing where they were going; I had no firearms, nor was any way concerned.
Fra. Wheeler. I have known Lilliwhite about six years; he always bore a very good character; was a worthy young fellow, and brought up in the farming under his father, who was a man in very good circumstances; he minded his father’s business very diligently; I have known him refuse going out upon parties of pleasure, because he has had business of his father’s to do; he married since this affair happened to a woman of fortune; I never heard him charged with any such crime as this before.
Sir Cecil Bishop. The prisoner married my housekeeper’s daughter; had not he been a man of good character, I should not have been consenting to the match, which I was; she brought him a good fortune; he is a deserving young man, and I cannot think he would be guilty of such a crime knowingly.
The evidence being all finished, Sir Thomas Abney summed up the whole in a very impartial manner; taking notice that in the case of Lilliwhite, if they thought the evidence that had been given against him was not quite full, as to his going voluntarily with them, and that he was not armed with firearms, they might acquit him.
The jury went out of court, and in about a quarter of an hour returned into court, and gave their verdict as follows, viz.:—
Thomas Kingsmill, William Fairall, and Richard Perrin, Guilty. Death.
Thomas Lilliwhite, Acquitted.
Richard Glover, Guilty, but recommended to mercy.
Thomas Lilliwhite was immediately discharged out of court as soon as he was acquitted; and the other four received sentence of death the same day, together with the other four criminals who had been tried and convicted of divers felonies and robberies.
While under sentence of death, they all four, viz., Kingsmill, Fairall, Perrin, and Glover, behaved much better than they had done before; and particularly Glover and Perrin were composed and resigned, and constantly prayed and sung psalms most of the night time; but Kingsmill and Fairall were not so penitent as Glover and Perrin.
As for Kingsmill and Fairhall, they were reckoned two of the most audacious wicked fellows amongst the smugglers; and indeed their behaviour while under condemnation, plainly shewed it.
The day they were brought to Newgate by Habeas Corpus, from the county gaol for Surrey, Fairall behaved very bold after declaring he did not value being hanged; and said, “Let’s have a pipe and some tobacco, and a bottle of wine, for as I am not to live long, I am determined to live well the short time I have to be in this world.” He also behaved very insolently at his trial; or more properly ignorantly, laughing all the time at the witnesses while they were giving their evidence; and when taken notice of by the court, and reprimanded for his bad behaviour, it had no effect on him, for he continued his idle impudent smiles, even when the jury brought him in Guilty.
At the time when he received sentence of death, when Mr. Recorder, who passed the same on him, and the rest of the criminals, said these words, “and the Lord have mercy on your souls,” he boldly replied, “If the Lord has not more mercy on our souls than the jury had on our bodies, I do not know what will become of them.”
On Thursday, the 20th of April, 1749, the report of these four criminals was made to his Majesty by Richard Adams, Esq., Recorder, when Kingsmill, Fairall, and Perrin were ordered for execution at Tyburn, on Wednesday, the 26th of the same month; and his Majesty was pleased to grant his most gracious pardon to Glover, several favourable circumstances appearing in his favour; and the court and jury having, after his trial, recommended him to his Majesty for mercy.
After the death warrant came down, Kingsmill and Fairall began to consider their unhappy circumstances more than they had done before, and always attending divine service at chapel, and prayed very devoutly, but retained their former behaviour of boldness and intrepidity, shewing no fear, and frequently saying they did not think they had been guilty of any crime in smuggling, or in breaking open Poole custom-house, as the property of the goods they went for was not Captain Johnson’s or anybody else’s, but of the persons who sent their money over to Guernsey for them.
Perrin, who was ordered only to be hanged and afterwards buried, and Kingsmill and Fairall being ordered to be hung in chains, Perrin was saying to them that he lamented their case: when Fairall replied smilingly, in the presence of many people, “We shall be hanging in the sweet air, when you are rotting in your grave.”
The evening before their execution, after they came down from chapel, their friends came to take leave of them; and Fairall smoked his pipe very heartily, and drank freely; but being ordered to go into his cell to be locked up, said, “Why in such a hurry, cannot you let me stay a little longer and drink with my friends; I shall not be able to drink with them to-morrow night.”
I shall next proceed to give the little account of these criminals as given by the ordinary of Newgate; and afterwards conclude this book with a relation of some of the most notorious actions committed by them, and which have been communicated by their confederates.
Thomas Kingsmill, alias Staymaker, aged 28, was born at Goodhurst, in Kent, a young fellow of enterprising spirit, and for some years past employed by the chiefs of the smugglers, the moneyed men or merchants, as they are usually amongst themselves called, in any dangerous exploits. As his character in general among his countrymen was that of a bold, resolute man, undaunted, and fit for the wicked purposes of smuggling, and never intimidated, in case of any suspicion of betraying their secrets, ready to oppose King’s officers in their duty, and being concerned in rescues of any sort or kind, so he wanted not business, but was made a companion for the greatest of them all, and was always at that service when wanted and called upon.
He would own nothing of himself, and was scarce to be persuaded that he had done anything amiss by following the bad practices of smuggling.
He acknowledged he was present at the breaking open of the custom-house, and that he had a share of the tea; and said what was sworn at the trial was all truth; but that they must be bad men to turn evidence to take away other people’s lives.
William Fairall, alias Shepherd, aged 25, was born at Horsendown Green, in Kent, bred to no business, but inured to smuggling from his infancy, and acquainted with most of the evil practices which have been used in those parts for some years past. In this behaviour he seemed equally as well qualified for the work as was Kingsmill, and it is generally believed that they were both concerned together in most of their undertakings. Fairall at his trial seemed to shew the utmost daringness and unconcern; even shewing tokens of threats to a witness, as he was giving his evidence to the court, and standing all the while in the bar with a smile or rather a sneer upon his countenance. He came also to the gang with Kingsmill to the Forest of Bere, and was one of the forwardest and most busy amongst the company. Yet he would not own any one thing against himself that he had done amiss, for which his life should be at stake. However, his own countrymen were glad when he was removed from among them, because he was known to be a desperate fellow, and no man could be safe who Fairall should once think had offended him.
Richard Perrin, alias Pain, alias Carpenter, aged 36, was born near Chichester, in Sussex; being bred a carpenter, was looked upon as a good workman, and had pretty business till the use of his right hand being in a great measure taken away by being subject to the rheumatism, he thought proper to leave that trade, and take to smuggling. He was esteemed a very honest man, and was therefore often entrusted by others to go over the water to buy goods, and for himself; he traded in that way for brandy and tea. And he was the man that went over for this very cargo of goods that was rescued from Poole Custom-house.
Having talked to the prisoners several times, each by himself, and also when they were altogether, neither of them all three would own anything; but said they knew best what they had done, and for what was amiss they would seek God’s forgiveness, and continued thus to declare to the last.
Having now given the ordinary of Newgate’s short account of these criminals, I shall proceed to give some account of such of their wicked actions as have come to our knowledge.
About two years since William Fairall was apprehended as a smuggler in Sussex, and being carried before James Butler, Esq., near Lewes, was ordered by that gentleman to be brought to London, in order to be tried for the same. They brought him quite safe to an inn in the Borough overnight, in order to carry him before Justice Hammond the next morning, but he found means to escape from the guards; and seeing a horse stand in Blackman Street, he got upon it and rode away, though in the presence of several people.
He made the best of his way into Sussex, to his gang, who were surprised at seeing him, knowing he was carried to London under a strong guard but three days before; but he soon informed them how he got away, and his lucky chance of stealing the horse.
They were no sooner met than he declared vengeance against Mr. Butler, and proposed many ways to be revenged. First to destroy all the deer in his park, and all his trees, which was readily agreed to; but Fairall, Kingsmill and John Mills, executed on Slindon Common, and many more of them, declared that would not satisfy them; and accordingly they proposed to set fire to his seat, one of the finest in the county of Sussex, and burn him in it; but this most wicked proposal was objected to by three of the gang, namely, Thomas Winter, alias the Coachman, one Stephens and one Slaughter, commonly called Captain Slaughter, who protested against setting the house on fire or killing the gentleman; and great disputes arose among them, and they parted at that time without putting any of their villainous proposals into execution; but Fairall, Kingsmill and some more of the gang were determined not to let their resentment drop, and accordingly they got each a brace of pistols, and determined to go and waylay him near his own park wall and shoot him. Accordingly they went into the neighbourhood, when they heard Mr. Butler was gone to Horsham, and that he was expected home that night, upon which they laid ready to execute their wicked design. But Mr. Butler, by some accident, happening not to come home that night, they were heard to say to each other, “D—n him, he will not come home to-night, let us be gone about our business”; and so they went away angry at their disappointment, swearing they would watch for a month together but they would have him.
This affair coming to Mr. Butler’s knowledge, care was taken to apprehend them if they came again, and they, being acquainted therewith, did not care to go a second time without a number; but no one would join except John Mills and Jackson, who was condemned at Chichester for the murders of Galley and Chater, as not caring to run into so much danger; and they not thinking themselves strong enough, being only four, the whole design was laid aside.
On their being disappointed in their revenge against Mr. Butler, they were all much chagrined, and Fairall said, “D—n him, an opportunity may happen some time,” that they might make an example of Mr. Butler, and all others that shall dare presume to obstruct them.
Thomas Winter, and several others of the smugglers, whose lives had been saved by turning evidence, said that Fairall and Kingsmill had been the occasion of carrying several officers of the customs and excise abroad from their families, for having been busy in detecting the smugglers, and seizing their contraband goods.
Fairall and Kingsmill were both concerned with the gang in Kent, viz., Diprose, Priggs and Bartlett, in all the robberies they committed; but as an account of those has been given before, we think it needless to make a repetition.
The morning of their execution they behaved very bold, shewing no signs of fear of death, and about nine o’clock, Fairall and Kingsmill were put into one cart, and Perrin in a mourning coach, and conveyed to Tyburn under a strong guard of soldiers, both horse and foot.
At the tree they joined in prayers very devoutly with the rest of the unhappy criminals who were executed with them, which being ended, and a psalm sung, they were turned off crying to the Lord to receive their souls.
The body of Perrin was delivered to his friends to be buried; and those of Fairall and Kingsmill were carried to a smith’s shop in Fetter-lane, near Holborn, where they were put into chains, and afterwards put into two wooden cases made on purpose, and conveyed by some of the guards and the sheriff’s officers for the county of Middlesex to Newcross turnpike in the county of Kent; where they were received by the officers to the sheriff of that county, who conveyed them to the places where they were ordered to be hung up, viz., Fairhall on Horsendown Green, and Kingsmill on Gowdhurstgore, at both which places they had lived.
Richard Glover, who had received his Majesty’s pardon, was discharged out of Newgate on Wednesday, the 3rd of May, 1749.
We can with pleasure inform our readers, that notorious wicked fellow, Edmund Richards (so often named in this work, as being concerned in the murder of Galley and Chater, and also in forcing Richard Glover to go with him and the rest of the gang to break open Poole custom-house) is taken, and in safe custody in Winchester gaol, so there is no doubt but he will meet with a just reward for all his cruel and enormous crimes, at the next assizes for the county of Sussex, to which county gaol he will be removed by Habeas Corpus.