“These persons are involved in the guilt, and liable in the case of wilful murder to the same punishment as the principal offenders are.
“I am very sensible, gentlemen, that I have been something longer than I needed to have been, if I had spoken barely for your information. But on this occasion I thought it not improper to enlarge on some points, that people may see the infinite hazard they run by engaging in the wicked combinations I have mentioned: and how suddenly and fatally they may, being so engaged, be involved in the guilt of murder itself, while perhaps their principal view might fall very short of that crime.”
His lordship having ended his charge, two bills of indictment were presented to the grand jury, one for the murder of William Galley, sen., a custom-house officer in the port of Southampton, and the other for the murder of Daniel Chater, of Fordingbridge, in the county of Hants, shoemaker; when, as soon as the grand jury had received the bills, they withdrew to the council chamber in the North Street; and the following persons were sworn to give evidence before them, who immediately after their being severally sworn in court, went and attended the grand jury, viz., William Steel, alias Hardware, and John Race, alias Raise (two accomplices in the said murders), Mr. Milner, collector of the customs at the port of Poole; Mr. Shearer, collector of the customs at the port of Southampton; William Galley, son of the deceased William Galley; Edward Holton, George Austin, Thomas Austin, Robert Jenkes, Joseph Southern, William Garrat, William Lamb, Richard Kent, Ann Pescod, William Scardefield, Edward Soanes, Mrs. Chater, the widow of the deceased Daniel Chater, John Greentree, George Poate and Mr. Brackstone. And then the court adjourned until nine o’clock the next morning.
Chichester, Jan. 18, 1748–9.
The judges went to the court this morning about nine o’clock, and the court being sat, the seven following prisoners, viz., Benjamin Tapner, John Cobby, John Hammond, William Jackson,[1] William Carter, Richard Mills the younger and Richard Mills the elder, were put to the bar (the grand jury having returned both the bills found into court), and arraigned upon the indictment for the murder of Daniel Chater; the three first as principals, and the other four as accessaries before the fact.
The clerk of the arraigns called upon the several prisoners at the bar to hold up their hands, which being done, he read the indictment aloud, which was as follows, viz.:—
“That you, Benjamin Tapner, John Cobby and John Hammond, together with Thomas Stringer and Daniel Perryer, not yet taken, not having the fear of God before your eyes, but being moved and seduced by the instigation of the devil, upon the 19th day of February, in the 21st year of his present Majesty’s reign, with force of arms, at the parish of Harting, in the county of Sussex, in and upon one Daniel Chater, being then and there in the peace of God, and his said Majesty, feloniously, wilfully, and out of your malice aforethought, did make an assault; and that you, the said Benjamin Tapner, a certain cord or rope made of hemp, of the value of sixpence, which you the said Benjamin Tapner had then and there in your hands, about the neck of him the said Daniel Chater, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did put, bind and fasten; and that you, the said Benjamin Tapner, with the rope aforesaid by him about the neck of the said Chater, so put, bound and fastened as aforesaid; him the said Chater, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did choke and strangle, of which said choking and strangling of him the said Chater, in manner aforesaid, he the said Chater did then and there die. And that you the said John Cobby, and John Hammond, together with Thomas Stringer and Daniel Perryer, both not yet taken, at the time of the felony and murder aforesaid by him the said Benjamin Tapner, so feloniously, wilfully, and out of his malice aforethought, done, perpetrated and committed, as aforesaid, then and there feloniously, wilfully, and out of your malice aforethought, were present, aiding, abetting, comforting and maintaining the said Benjamin Tapner, the said Daniel Chater in manner and form aforesaid, feloniously, wilfully, and out of his malice aforethought to kill and murder. And so that you the said Benjamin Tapner, John Cobby, John Hammond, together with Thomas Stringer and Daniel Perryer, not yet taken, the said Daniel Chater in manner and form aforesaid, then and there with force and arms, feloniously, wilfully and out of your malice aforethought, did kill and murder against his Majesty’s peace, his crown and dignity. And that you, Richard Mills the elder, Richard Mills the younger, William Jackson and William Carter, together with John Mills, Thomas Willis and Edmund Richards, not yet taken, before the felony and murder aforesaid, by them the said Benjamin Tapner, John Cobby, John Hammond, Thomas Stringer and Daniel Perryer, in manner and form aforesaid, feloniously, wilfully, and out of your malice aforethought, done, perpetrated and committed (to wit) upon the said 19th day of February, in the 21st year aforesaid, at the Parish of Harting aforesaid, in the county of Sussex aforesaid, them the said Benjamin Tapner, John Cobby, John Hammond, Thomas Stringer, and Daniel Perryer, the felony and murder aforesaid in manner and form aforesaid, feloniously, wilfully, maliciously, and out of your malice aforethought, to do, perpetrate, and commit, feloniously, wilfully, and out of your malice aforethought, did incite, move, instigate, stir up, counsel, persuade and procure against his Majesty’s peace, his crown and dignity.”
To which indictment they severally pleaded Not Guilty.
This being done, William Jackson and William Carter were arraigned upon the other indictment as principals in the murder of William Gally, otherwise called William Galley.