“Near this place was buried the body of William Jackson, a proscribed smuggler, who upon a special commission of Oyer and Terminer, held at Chichester, on the 16th day of January, 1748–9, was with William Carter, attainted for the murder of William Galley, a custom-house officer; and who likewise was, together with Benjamin Tapner, John Cobby, John Hammond, Richard Mills the elder, and Richard Mills, the younger, his son, attainted for the murder of Daniel Chater; but dying in a few hours after sentence of death was pronounced upon him, he thereby escaped the punishment which the heinousness of his complicated crimes deserved, and which was the next day most justly inflicted upon his accomplices.“As a memorial to posterity, and a warning to this and succeeding generations,“This stone is erected“A.D. 1749.”
“Near this place was buried the body of William Jackson, a proscribed smuggler, who upon a special commission of Oyer and Terminer, held at Chichester, on the 16th day of January, 1748–9, was with William Carter, attainted for the murder of William Galley, a custom-house officer; and who likewise was, together with Benjamin Tapner, John Cobby, John Hammond, Richard Mills the elder, and Richard Mills, the younger, his son, attainted for the murder of Daniel Chater; but dying in a few hours after sentence of death was pronounced upon him, he thereby escaped the punishment which the heinousness of his complicated crimes deserved, and which was the next day most justly inflicted upon his accomplices.
“As a memorial to posterity, and a warning to this and succeeding generations,
“This stone is erected“A.D. 1749.”
Having now given an account of the behaviour of these seven bloody criminals, as occurred to the three clergymen who attended them after their receiving sentence of death, and who signed their names to the same; we shall now insert the account of their behaviour from the time of their being brought to Chichester gaol, to their execution, which account was taken by two persons who constantly attended on them, and is what occurred at the times the clergymen before-mentioned were not present; and are inserted to make this account complete.
The seven prisoners that were condemned, together with William Combleach the gardener, committed on suspicion of being concerned in the murder of Daniel Chater, were brought from Horsham gaol, in one waggon under a strong guard of soldiers, to Chichester, on Friday the 13th January, 1748–9.
Jackson being sick, was kept upstairs in a room by himself; and the other seven, William Combleach being with them, were put in a lower room, all ironed and stapled down, and well guarded; but behaved very bold and resolute, and not so decently as became people in their circumstances. They ate their breakfast, dinner and supper regularly, without any seeming concern, and talked and behaved freely to everybody that came to see them. Old Mills looking out of a window the day after they came there, which was market-day, young Mills said to Tapner, “D—n the old fellow, he will have a stare out.”
1. Richard Mills, sen., was formerly well respected by the gentlemen of the county; but having had for many years concerns with the smugglers, and a smuggler himself, and having prevailed on his sons to go a-smuggling likewise, he lost most of his businessand character. He frequently said, that he was only sorry for his sons, for as to himself, he was under no trouble, for he was sure that he could not, according to the common course of nature, live above a year or two longer.
A few hours after sentence was passed upon him, a clergyman who lived near him, went to see him in the gaol, in order to discourse with him and bring him to a true sense of his deplorable condition; to which purpose he recommended him to make use of his few remaining moments in preparing for eternity. While the clergyman was thus seriously talking to him about the concerns of his soul, the old man interrupted him and said, “When do you think we shall be hanged?” The gentleman, after reproving him for the little concern he discovered about the more important affairs of another world, told him he believed his time was very short, and that he thought his execution would be ordered some time the next day, but could not exactly say at what hour. Mills replied, that as to the murder it gave him but little trouble, since he was not guilty of it; but as to the charge of smuggling, he owned he had been concerned in that trade for a great many years, and did not think there was any harm in it.
Being particularly asked, if he did not know that Chater was kept chained in his turf-house, he answered very indifferently, that he could not tell, he believed he did, but what was that to the murder? But being told that his maid, Ann Bridges, had declared upon oath, that he got up when Jackson and Little Harry[10]brought Chater to his house about three o’clock in the morning, and that he ordered her not to go into the turf-house, for there was a person there whom it was not proper she should see; he could not tell what to say, but stood seemingly dumbfounded; and an answer being pressed from him, he acknowledged that he did get up and let them in, and told Little Harry to carry him (Chater) into the turf-house, and chain him; and that he, as well as Little Harry, did look after him till the gang came and took him away the Wednesday night, but that he was no ways concerned in the murder; but at last he did acknowledge, that he did know they had agreed to carry Chater to the well by Lady Holt Park, and hang him, and throw him into it; and that Tapner took a cord for the purpose from his house.
Old Mills had been poor some time, and had left off smuggling, that is, going with the gangs to the seaside to fetch the goods, being sensible of the danger of going with others in a gang with firearms; but he got something by letting the smugglers bring anything to the house; and to blind the neighbours, he lived privately with his maid, Ann Bridges, and had, for upwards of a year, received alms from the parish, as he himself acknowledged.
2. Richard Mills, jun., had been concerned in smuggling for many years. He was a daring, obstinate, hardened fellow, and seemed capable of any mischief. He said to a gentleman, who went to see him, that he did not value death, but was not guilty of the murderof which he was accused, since he was not present when it was done; though if he had, he should not have thought it any crime to destroy such informing rogues. After his trial was over, two gentlemen going up to see him, they told him that his brother John,[11]who had been advertised in the Gazette as an accomplice in the murder of one Hawkins, and was likewise concerned in the murder of Mr. Chater, but not then taken, was seen following the judges over Hynd Heath, in their way to Chichester. “What,” said Mills, “there has been no robbery committed upon the highway lately, has there?” Upon which the person replied, “Not that I have heard of.” Mills made answer, “I suppose Jack must take to the highway, for he has no other way to live, till an opportunity offers of his getting to France, which I heartily wish he may do.” After their conviction on Tuesday night for the murder of Chater, he and the rest of them were remanded back to prison, and ordered to be brought down the next day, when Jackson and Carter were to be tried for the murder of Galley, and the whole to receive judgment, when Mills said, “What the d—l do they mean by that? Could not they do our whole business this night, without obliging us to come again and wear out our shoes? Well! if it must be so, the old man and I will go first, but I will give the old man the wall,” as he accordingly did.
3. John Cobby seemed a harmless, inoffensive creature,and being of an easy temper, it is supposed he was the more easily influenced to take on with the smugglers, though he declared he had not long been with them. He acknowledged that he was at the well when Chater was hung, and flung into it, and that he, as well as the rest, were all guilty of the crime for which they were condemned. He was very serious, and seemed very penitent; owned he was a great sinner; begged pardon of God for his offences, and hoped the world would forgive him the injuries he had done to anybody.
4. Benjamin Tapner was born of very honest parents, who gave him good schooling; and he always lived in good repute, till being persuaded by Jackson and some others to follow their wicked courses: which he had done for something more than two years. He behaved all the time under his confinement more decently than some of the others, and frequently prayed very devoutly. He was always very reserved if mention was made of the cruelties he exercised on Chater. A gentleman, who desires his name may not be mentioned, went to see him on Tuesday evening, just after his conviction, who, taking him to one corner of the room, asked him if there was anything in the report of his picking Chater’s eyes out, when he declared, as a dying man, he never made use of any weapon but his knife and whip; and that he might in the hurry pick one of his eyes out with the point of his knife, for he did not know what he did, the devil had got so strong hold of him. He said he had been in many engagements with the King’s officers, and been wounded three times; and hoped all young people would take warning by his untimely fate, and keep good company, for it was bad company had been his ruin.
5. William Carter behaved himself very serious, andsaid that Jackson had drawn him away from his honest employment to go a-smuggling, which was the cause of his ruin; and indeed his general character was very good except in that particular. He declared that these murders would never have happened, had not Mrs. Payne, at Rowland’s Castle, sent for him and Jackson, and in some measure exasperated them against Galley and Chater, as being informers. This Mrs. Payne and her two sons are in custody in Winchester Gaol, in order to take their trials at the ensuing assizes, when it is hoped they will meet their just reward.
6. John Hammond was a hardened, obdurate fellow, and very resolute, and always had great antipathy against the King’s officers and others concerned in suppressing smuggling; and often would let drop words out of his mouth, and that he did not think it any crime in killing an informer; but when he came to receive sentence he began to cry very much. He frequently lamented the case of his wife and four children, and said that was all that touched him; as for dying he did not mind it.
7. William Jackson died in his room about 7 o’clock the same night he received sentence of death. He had been one of the most notorious smugglers living in his time; and most of them, as well as Carter, gave him the worst of characters, and that he was even a thief among themselves; for when he knew that any of them had got any run goods, he would contrive to steal them away from them. He reflected on himself, after receiving sentence, for what he had said on his defence, that Tapner only was guilty; for he declared they were all concerned; and that when he had been concerned in the murder of Galley, he contrived to bring Cobby, Hammond, the three Mills’s, Stringer, Tapner, and therest, to be concerned in the murder of Chater, lest they might, one day or other, run to the government, and make themselves an evidence, but by being guilty of murder, it would be an entire bar to them.
The afternoon preceding their execution, a person came to take measure of Jackson, Cobby, Hammond, Carter and Tapner, in order to make their irons in which they were to be hung in chains! which threw the prisoners into very great confusion, and they seemed under a greater concern than ever they had shewed before. But when old Mills and his son were told that they were exempted from that part of the punishment, they seemed to be mightily pleased at it, and contented to be hung only as common malefactors.
But it deserves particular notice, with respect to Jackson, that he was no sooner told that he was to be hung in chains, but he was seized with such horror and confusion, that he died in two hours afterwards; and though he was very ill before, yet it is believed that this hastened his end, and was the immediate cause of his death.
The foregoing accounts are a melancholy proof of the dreadful effects which are the fatal but too frequent consequences of the offence of smuggling—a crime which, however prejudicial to the kingdom in general, and to every fair trader in particular, perhaps may not, from an inattention to the many and monstrous mischiefs derived from it, have met with that general detestation and abhorrence it so highly deserves.
But a perusal of these sheets, shocking to every reader, cannot fail to alarm the nation, and open the eyes of all people, who must reflect with horror upon a set of dissolute and desperate wretches, united by a parity of inclinations and iniquities, formed intodangerous gangs and confederacies, that encouraged by numbers they might exercise cruelties and commit barbarities, which, abandoned as they were, they singly durst not attempt. Villains! not to be won by lenity, despising and rejecting proffered pardons, proceeding from crime to crime, till they arrived at the highest and, until now, unheard-of pitch of wickedness: who, not content with defrauding the King in his customs and revenues; not satisfied with violating the properties and possessions, pursued the lives of his subjects and servants, whose very blood could not satiate their malice—tortures were added to aggravate the pangs of death.
Before we take leave of these wretches, and begin upon the account of that most notorious villain and murderer, John Mills, and the rest, as promised, we think it will be very necessary to inform our readers of their several behaviours at the place of execution, not mentioned before in the account given by the three clergymen.
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, forthey 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 acrossthe 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, againwhipped, 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 coattrimmed 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, broughtthem 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 ofthe 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 fromScardefield’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 yearsof 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 seehe 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 canwithstand; 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 wasnever 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 gavehim 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 andkicking, 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 againstthe 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 couldnot 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 thehouse, 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.