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.”