Being asked at the request of the prisoners’ Counsel, what was the consequence of that thrust which Little Harry gave Galley, when he fell the last time; answered that he thought by the fall Galley’s neck was broke, because as soon as he was down he gave himself a turn, and stretched out his hands and legs, and never stirred or spoke afterwards; that Galley was not falling till Little Harry gave him the push. Said that he did not know the parish of Rogate, or that the place where Galley died was within that parish, any otherwise than that he had been there since, and several people said it was the parish of Rogate.
Mr. Staniford, who was Counsel for the prisoners, moved, that the place where Galley died was not in the county of Sussex, and therefore the prisoners must be acquitted of this indictment; for that the present special commission, by which their lordships were trying the prisoners, was only to enquire into murders and felonies committed in the county of Sussex.
Whereupon the Counsel for the King replied that they would undertake to prove the place in the county of Sussex; and for that purpose William Steel was then asked whether the gravelly knap where Galley died was in the county of Southampton or in the county of Sussex; answered that he could not tell. That he had never heard, as he remembered, what county that place was in, but he was carried thither last Friday to see the place, and he shewed to some people then present the spot of ground where Galley fell off the horse and died, and he believed he should know one of the men that were with him.
John Aslett being called up, Steel said he was one of the men that was there.
Aslett was then sworn, and proved that he was with Steel and some dragoons on Friday last; that Steel pointed down to the ground with a stick, and said, “There the man died”; that he (the witness) took particular notice of that place, and is sure it was in the parish of Harting in Sussex; that he now lives at Harting, and was born and bred just by, and had lived there ever since he was a lad, and served the offices of surveyor and constable.
Steel, being cross-examined, was asked how he could remember the place so as to be sure of it; said he knew the place very well again by the little gravelly rising of the ground.
William Scardefield proved the same as in the former trial, with the following facts relating to the burial of Galley: that one of the gang asked him if he knew the place where they laid up some goods about a year-and-a-half ago, and he told them he did; upon which the man said, “You must go along with us,” but the witness told him his wife was ill, and he could not leave the house; and then Carter came in and asked for a lantern, and Edmund Richards told him he must go with them, to which he replied, if he must go, he must; that when he came down the hill a little way from his own house, he saw two companies, one on the right and the other on the left; that Carter, Steel, and a short man he did not know, went on to the place, and one of them came up after him, and he told him where it was; upon which they brought the horse up to a rough kind of a dell, and the short man fell a-digging, and it being a very cold night, he (the witness) took the spitter and dug to keep himself warm; there seemed to him to be a man upon the horse, and it fell into the pit like a dead man, and they covered it up; and he verily believed it to be the body of a man, but he did not help to put it in, and was about three or four yards from it; he never went nigh the ground afterwards, and did not see the body of a man upon the horse afterwards, or anywhere else; that the earth was thrown over the pit, and the short man did most of the work; and he did not enquire, or choose to ask any questions about it.
Edward Sones proved the finding the body of a dead man, in a fox earth, within three-quarters of a mile of Rake; there were boots upon the legs, and a glove upon one hand; that the body was much perished, and had a waistcoat and breeches on.
John Greentree produced a coat which he took up beyond Harting Pond in the public road, on the 15th of February last, and swore that there were some writings and a letter-case in the pocket, which he said he should know if he was to see them again.
Upon this a parchment was delivered into court by Justice Battine, and shewn to the witness, who said it was the same that he found in the coat pocket.