“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.â€
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 thegrand 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 beingdone, 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.â€
To which indictment they severally pleaded Not Guilty.
This being done, William Jackson and William Carter were arraigned upon the other indictment as principalsin the murder of William Gally, otherwise called William Galley.
Which indictment the clerk of the arraigns read aloud to them as follows: “That you, William Jackson and William Carter (together with Samuel Downer, alias Howard, alias Little Sam, Edmund Richards, and Henry Sheerman, alias Little Harry, 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 15th of February, in the 21st year of his present Majesty’s reign, with force and arms, at Rowland’s Castle in the County of Southampton, in and upon one William Gally, otherwise called William Galley, 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 him the said William Galley, upon the back of a certain horse, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did put and set, and the legs of him the said William Galley, being so put and set upon the back of the said horse as aforesaid, with a certain rope or cord made of hemp, under the belly of the said horse, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did bind, tie and fasten; and him the said William Galley, being so put and set upon horseback as aforesaid, with his legs so bound, tied, and fastened under the horse’s belly as aforesaid, with certain large whips, which you had then and there in your right hands, in and upon the head, face, neck, shoulders, arms, back, belly, sides, and several other parts of the body of him the said William Galley, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, for the space of one mile, did whip, lash, beat and strike: byreason whereof, the said William Galley was then and there very much wounded, bruised and hurt; and not being able to endure or bear the misery, pain and anguish, occasioned by his having been so whipped, lashed, beat, and struck, as aforesaid, and by his being so wounded, bruised, and hurt, as aforesaid, then and there dropped down the left side of the said horse, on which he then and there rode, with his head under the horse’s belly, and his legs and feet across the saddle upon the back of the said horse, upon which you, the said William Jackson and William Carter, together with Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards, and Henry Sheerman, otherwise Little Harry, not yet taken, then and there, untied the legs of the said William Galley; and him the said Galley, in and upon the same horse then and there, with force and arms, feloniously, wilfully, and out of your malice aforethought, did again put and set, and the legs of him the said William Galley, being again so put and set upon the said horse as last aforesaid, with the same rope or cord under the belly of the said horse, you then and there, with force and arms, feloniously, wilfully, and out of your malice aforethought, under the horse’s belly did again bind, tie, and fasten; and him the said William Galley[2]being again so put and set upon the said horse, as last aforesaid, with his legs so bound, tied and fastened under the horse’s belly, as last aforesaid, with the said whips which you had then and there in your right hands, as aforesaid, in and upon the head, face, neck, arms, shoulders, back, belly, sides, and several other parts of the body of him the saidWilliam Galley, you then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, for the space of half a mile further, did again whip, lash, beat, and strike; by reason whereof he the said William Galley was then and there much more wounded, bruised and hurt, and not being able to endure or bear the misery, pain, and anguish occasioned by his having been so whipped, lashed, beat, and struck, in manner, as aforesaid; and by his being so wounded, bruised, and hurt, in manner as aforesaid, did then and there drop a second time from off the said horse, with his head under the horse’s belly, and his legs and feet across the saddle. Upon which you the said William Jackson and William Carter, together with the said Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards and Henry Sheerman, otherwise Little Harry, not yet taken, then and there again untied the legs of him, the said William Galley, and him, in and upon another horse, behind a certain other person, did then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, put and set, and the said William Galley, being so put and set on horseback, as last aforesaid, with the same whips which you had then and there in your right hands as aforesaid, in and upon the head, face, neck, arms, shoulders, back, belly, sides, and several other parts of the body of the said William Galley, did then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, for the space of two miles further, until you came into the parish of Harting, in the county of Sussex aforesaid, again whip, lash, beat, and strike, by reason whereof the said William Galley was then and there much more wounded, bruised and hurt; and not beingable to endure or bear the misery, pain and anguish occasioned by his having been so wounded, bruised and hurt, in manner as aforesaid, then and there in the parish of Harting aforesaid, got off the said horse; upon which you the said William Jackson and William Carter, together with Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards and Henry Sheerman, otherwise Little Harry, not yet taken, him the said William Galley, in and upon another horse, whereon the said Edmund Richards, then and there rode, with the belly of him the said William Galley across the pommel of the saddle, on which the said Richards then and there rode, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did put and lay; but before you had gone the space of eighty yards further, William Galley, not being able to bear the motion of the said horse, on which he was so put and laid as last aforesaid, by reason of having been so whipped, lashed, beat and struck as aforesaid; and by reason of his being so wounded, bruised and hurt, in manner as aforesaid, then and there tumbled off the horse, and fell upon the ground in the common highway there, by which fall he the said William Galley, was then and there much more wounded, bruised and hurt; whereupon you the said William Jackson, William Carter, together with Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards and Henry Sheerman, otherwise Little Harry, not yet taken, him the said William Galley in and upon another horse by himself, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did put and set; but the said William Galley not being able to sit upright on the said last mentioned horse, he the saidHenry Sheerman, otherwise Little Harry, did then and there get upon the same horse behind him, the said William Galley, in order to hold him on; but after you the said William Jackson, and William Carter, together with Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards, and Henry Sheerman, otherwise Little Harry, not yet taken, and the said William Galley had rode on a quarter of a mile further together, in manner aforesaid, he the said William Galley, not being able to sit upon the said horse, or ride any further upon the same, through the great misery, pain and anguish, occasioned by his having been so whipped, lashed, beat and struck, as aforesaid; and by his being so wounded, bruised and hurt, in manner as aforesaid, then and there tumbled off the said horse, on which he was so put and set as last aforesaid, and again fell to the ground; and as he tumbled and fell, the said Henry Sheerman, otherwise Little Harry, who rode behind the said William Galley, and upon the same horse with him, in manner aforesaid, then and there with force and arms feloniously, wilfully, and out of his malice aforethought, give to him the said William Galley, a most violent thrust and push; by reason whereof the said William Galley then and there fell, with much more weight and force to the ground than otherwise he would have done; and was thereby then and there much more wounded, bruised and hurt. And that by reason of the said binding, tying and fastening, of him the said William Galley, by you the said William Jackson, and William Carter, together with Samuel Downer, otherwise Howard, otherwise Little Sam, Edmund Richards and Henry Sheerman, otherwise Little Harry, not yet taken, in manner and form aforesaid; and of the whipping,lashing, beating and striking, of him the said William Galley, by you, in manner and form aforesaid; and of the several wounds, bruises and hurts, which he the said William Galley received from such whipping, lashing, beating and striking in manner aforesaid; and other wounds, bruises and hurts which he, the said William Galley so received from the several falls which he so had from off the said horse, on which he was by you so put, set and laid, in manner aforesaid; and of the said thrust and push which he the said Henry Sheerman, otherwise Little Harry, so as aforesaid, gave him the said William Galley, as he the said William Galley so tumbled and fell from off the said horse, as last aforesaid; he the said William Galley, at the parish of Harting aforesaid, in the county of Sussex aforesaid, did die. And further, that you the said William Jackson, and William Carter, together with the said Samuel Downer, alias Howard, alias Little Sam, Edmund Richards and Henry Sheerman, alias Little Harry, not yet taken, him the said William Galley, with force and arms in manner and form aforesaid, feloniously, wilfully, and out of your malice aforethought, did kill and murder, against his Majesty’s peace, his crown and dignity.â€
The indictment being read to them, Mr. Justice Foster acquainted the prisoners they might each of them challenge twenty of the panel, without shewing cause; but if they challenged more, they must shew a reasonable cause for so doing; and that if they agreed to join in their challenges they might be tried together, but if they did not, they would be tried separately; and left them to act in that behalf as they should see proper.
The prisoners then consulted among themselves for alittle while, and then agreed to join and be tried together. And then the jury were sworn, and charged by the Clerk of the Arraignments, whose names were as follows, viz.:—
The counsel for the King were Henry Banks, Esq., Sidney Strafford Smythe, Esq., and two of his Majesty’s counsel learned in the law; also Mr. Burrel, Mr. Purkes, and Mr. Steele, recorder of Chichester.
Mr. Steele opened the indictment, as soon as the jury were sworn, against the prisoners; after which Mr. Banks very judiciously and learnedly laid down the facts attending the murder, which we choose to give our readers in his own words.
Counsel for the King: “This is an indictment against the seven prisoners at the bar, for the murder of Daniel Chater. It is against the three first, viz., Benjamin Tapner, John Cobby and John Hammond, as principals in that murder, by being present, aiding, abetting and assisting therein; and against Thomas Stringer and Daniel Perryer as principals also, and who are not yet apprehended. And it is against the prisoners, William Jackson, William Carter and Richard Mills the younger, as accessaries before the murder; and also against three others as accessaries before the fact, viz., John Mills, another son of Richard Mills the elder, Thomas Willis and Edmund Richards, not yet taken and brought to justice.
“Although this indictment hath made a distinction between the several prisoners, and divided them into two classes, of principals and accessaries, yet the law makes no distinction in the crime. And in case all the prisoners are guilty of the charge in this indictment, they will be all equally liable to the same judgment and punishment.
“In the outset of this trial I shall not enlarge upon the heinousness of murder in general; nor shall I dwell upon those circumstances in aggravation attending this in particular. When I come to mention those circumstances of cruelty and barbarity, I doubt not but they will have all that effect upon the jury which they ought to have—to awaken and fix your attention to every part of the transaction, and to balance that compassion which you feel for the prisoners, though they felt none for others. The effect I mean these circumstances should and ought to have, is to clear the way for that justice which the nation expects, from your determination and verdict.
“To comply with this general demand of justice upon the prisoners, his Majesty, in order to give the prisoners the earliest opportunity of proving their innocence and of wiping off this foul suspicion of murder they now lie under, or if guilty of a breach of the laws of God and man, that they may suffer the punishment due to their guilt, has been pleased, by a special commission, to appoint this trial to be before their lordships, not less knowing in the laws than tender and compassionate in the execution of them.
“I cannot here omit taking notice of the unhappy cause of this fatal effect, now under your consideration. Every one here present will, in his own thoughts, anticipate my words and know I mean smuggling.Smuggling is not only highly injurious to trade, a violation of the laws, and the disturber of the peace and quiet of all the maritime counties in the kingdom; but it is a nursery for all sorts of vice and wickedness; a temptation to commit offences at first unthought of; an encouragement to perpetrate the blackest of crimes without provocation or remorse; and is in general productive of cruelty, robbery and murder.
“It is greatly to be wished, both for the sake of the smugglers themselves and for the peace of this county, that the dangerous and armed manner now used of running uncustomed goods was less known and less practised here.
“It is a melancholy consideration to observe, that the best and wisest measures of Government, calculated to put a stop to this growing mischief, have been perverted and abused to the worst of purposes. And what was intended to be a cure to this disorder has been made the means to increase and heighten the disease.
“Every expedient of lenity and mercy was at first made use of to reclaim this abandoned set of men. His Majesty, by repeated proclamations of pardon, invited them to their duty and to their own safety. But instead of laying hold of so gracious an offer, they have set the laws at defiance, have made the execution of justice dangerous in the hands of magistracy, and have become almost a terror to Government itself.
“The number of prisoners at the bar, and of others involved in the suspicion of the same guilt, the variety of circumstances attending this whole transaction, the length of time in the completion thereof, and the general expectation of mankind to be informed of every minute circumstance leading and tending to finish the scene of horror, will necessarily lay me under anobligation of taking up more time than will be either agreeable to the court or to myself.
“To avoid confusion in stating such a variety of facts with the evidence and proofs thereof, and to fix and guide the attention of the gentlemen of the jury to the several particular parts of this bloody tragedy, at last completed in the murder of Chater, I shall divide the facts into four distinct periods of time.
“1st. What happened precedent to Chater’s coming to a public-house, the sign of the White Hart, at Rowland’s Castle in Hampshire, kept by Elizabeth Payne, widow, upon Sunday, the 4th of February, 1747–8.
“And this period of time will take in the occasion and grounds of the prisoners’ wicked malice to the deceased and the cause and motive of his murder.
“2nd. What happened after Chater’s arrival at the widow Paine’s, to the time of his being carried away from thence by some of the prisoners to the house of Richard Mills the elder, at Trotton in Sussex.
“This will disclose a scene of cruelty and barbarity, previous to Chater’s murder, and show how active and instrumental the prisoners Jackson and Carter were therein.
“3rd. What happened after Chater was brought to the house of Richard Mills the elder, to the time of his murder, upon Wednesday night, the 17th of that February.
“This will take in the barbarous usage of Chater at Mills’ house; a consultation of sixteen[3]smugglers in what manner to dispose of Chater, and their unanimous resolution to murder him: and will shew Tapner, Cobbyand Hammond to be principals therein, and the other four prisoners to be accessaries.
“4th, and last period, takes in the discovery of Chater’s body in a well, where he was hung, with the proofs that it was the body of Chater.
“In the opening of this case, it will be impossible for me to avoid the frequent mention of one William Galley, also suspected to have been murdered: and for whose murder two of the prisoners, viz., Jackson and Carter, are indicted, and are to be tried upon another indictment.
“But the murder of Galley is not the object of your present consideration, nor do I mention his name either to aggravate this crime, by taking notice of his murder also, nor to inflame the jury against the prisoners at the bar; but I do it for the sake of method, and for the purpose only of laying the whole case before the jury; for the story of Chater’s murder cannot be told without disclosing also what happened to Galley, his companion and fellow-sufferer.
“To begin with the first period of time. Some time in September, 1747, a large quantity of uncustomed tea had been duly seized by one Captain Johnson, out of a smuggling cutter, and by him lodged in the custom-house at Poole, in the county of Dorset.
“In the night of the 6th of October following, the custom-house of Poole was broken open by a numerous and armed gang of smugglers; and the tea which had been seized and there lodged, was by them taken and carried away.
“This body of smugglers, in their return, passedthrough Fordingbridge, where Dimer,[4]one of that company, was seen and known by Chater. Dimer was afterwards taken up upon suspicion of being one of those who had broken open the custom-house, and was in custody at Chichester for further examination, and for further proof that he was one of that gang.
“And in order to prove the identity of Dimer, and that he was one of the gang, Daniel Chater, a shoemaker at Fordingbridge (the person murdered), was sent in company with, and under the care of, William Galley, a tide-waiter of Southampton, by Mr. Shearer, collector of the customs there, with a letter to Major Battine, a Justice of Peace for Sussex, and surveyor general of the customs for that county. Sunday morning, the 14th of February, 1747–8, Galley and Chater set out from Southampton, with Mr. Shearer’s letter, on their journey to Major Battine’s house, at East Marden, in the neighbourhood of Chichester.
“At the New Inn at Leigh,[5]in Havant parish, in Hants, Chater and Galley met with Robert Jenkes, George Austin, and Thomas Austin, and having shewed them the direction of the letter to Major Battine, they told them they were going towards Stansted, where Chater and Galley were informed Major Battine then was; and said they would go with them, and shew them the road. Their direct way to Stansted lay near Rowland’s Castle; but Jenkes and the two Austins carried themto Rowland’s Castle that Sunday about noon, where this cruel plot was first contrived, and in part carried into execution.
“The malice conceived by the prisoners against Chater appears not to have arisen from any injury, or suspicion of injury, done by the deceased to the prisoners. But because Chater dared to give information against a smuggler, and do his duty in assisting to bring a notorious offender to justice, he was to be treated with the utmost cruelty, his person was to be tortured, and his life to be destroyed. What avail the laws of society, where no man dares to carry them into execution? Where is the protection of liberty and life, if criminals assume to themselves a power of restraining the one, and destroying the other.
“Having mentioned the motive of the prisoners in this murder, I shall now open to you a scene of cruelty and barbarity, tending to the murder of Chater, begun at Rowland’s Castle, by the two prisoners Jackson and Carter, in company with others, and from thence continued, until Chater was brought to the house of Richard Mills the elder, at Trotton, upon Monday morning the 15th of February, before it was light.
“And here you will observe how cruelly and wickedly, in general, the gang assembled at Rowland’s Castle behaved; and in particular, how active Jackson and Carter appeared in every step of this fatal conspiracy.
“Soon after Chater and Galley, and the three others, had arrived at Rowland’s Castle, the widow Payne suspected Chater and Galley intended some mischief against the smugglers; and for that purpose enquired of George Austin who the two strangers were, and what their business was. He privately informed her they were going to Major Battine with a letter. She desiredhe would either direct the two strangers to go a different way from Major Battine’s, or would detain them a short time at her house, until she could send for Jackson, Carter and others. And she immediately sent her son William for the prisoner Jackson; and soon afterwards ordered her other son Edmund to summon the other prisoner Carter, and Edmund Richards, Samuel Howard, Henry Sheerman, William Steel and John Race, who all lived near Rowland’s Castle; and accordingly they all came, as also did Jackson’s and Carter’s wives. They were immediately informed by the widow Payne of what she suspected, and had been informed concerning the two strangers. Jackson and Carter being very desirous of seeing the letter to Major Battine, got Chater out of the house, and endeavoured to persuade him to let them see the letter, and to inform them of the errand to Major Battine. But upon Galley’s coming out to them, and interposing to prevent Chater’s making any discovery, they quarrelled with Galley, and beat him to the ground; Galley complained of this ill-usage, and said he was the King’s officer, and to convince them shewed his deputation.
“Chater and Galley were very uneasy at this treatment, and wanted to be gone; but the gang insisted upon their staying; and in order to secure and get them entirely in their own power, they plied them with strong liquors, and made them drunk; and then carried them into another room to sleep.
“During the two hours Galley and Chater slept, the letter was taken out of Chater’s pocket; whereby it appeared that Chater was going to give information against Dimer. The secret being thus disclosed to the gang, the next thing to be considered of by the smugglers, was how to save their accomplice Dimer,and to punish Chater and Galley for daring to give information against him. For that purpose, whilst Chater and Galley were asleep, several consultations were held.
“It was proposed first to put Galley and Chater out of the way, to prevent their giving information against Dimer; and to that end it was talked of murdering them, and flinging them into a well, a quarter of a mile from Rowland’s Castle, that was in the horse pasture; but the proposal was overruled, fearing a discovery, as the well was so near Rowland’s Castle.
“The next thing proposed was secretly to convey Chater and Galley into France, at that time at war with England.
“The second scheme was, for all present to contribute threepence a week for the maintenance of Chater and Galley, who were to be confined in some private place, and there subsisted until Dimer should be tried; and as Dimer was done unto, so Chater and Galley were to be dealt with.
“The third and last proposal was to murder both.
“With a view and intention to execute this last, and the most cruel proposal, Jackson went into the room about seven that evening, where Chater and Galley lay asleep, and awaked them. They both came out very bloody, and cut in their faces; but by what means, or what Jackson had done to them, does not appear. They were immediately afterwards forced out of the house by Jackson and Carter; the others present consenting and assisting; Richards, one of the company, with a cocked pistol in his hand, swore he would shoot any person through the head who should make the least discovery of what had passed there.
“Chater and Galley were put upon one horse; and toprevent their escape, their legs were tied under the horse’s belly; and both their legs tied together; and the horse was led by William Steel. After they had been thus carried about one hundred yards from Rowland’s Castle, Jackson cried out to Carter and the company, “Lick them, d—n them, cut them, slash them, whip them.†Upon which, they whipped and beat them over their heads, faces, shoulders, and other parts of their bodies, for the space of near a mile. With this cruel treatment they both fell down under the horse’s belly, with their heads dragging upon the ground. They were again put on the horse, and tied as before; and whipped and beat with the like severity, along the road for upwards of half a mile. And when they cried out through the agony of their pain, pistols were held to their heads, and they were threatened to be shot, if they made the least noise or cry. Being unable to endure this continued and exquisite pain, and to sit on horseback any longer, they fell a second time to the ground. By this inhuman usage, they were rendered incapable of supporting themselves any longer on horseback. Galley was afterwards carried behind Steel, and Chater behind Howard, the prisoners Jackson and Carter, with the rest of the company, still continuing their merciless treatment of Chater and Galley, but instead of whipping, they now began to beat them on the heads and faces with the butt-ends of their whips, loaded with lead. When they came to Lady Holt Park, in Sussex, Galley almost expiring with the torture he had undergone, got down from behind Steel; and it was proposed to throw him alive into a well adjoining to that park; in which well Chater was three days after hanged by the same gang. Galley was then thrown across the pommel of the saddle andcarried before Richards. He was afterwards laid along alone upon a horse, and supported by Jackson, who walked by him, and was at last carried before Sheerman, who supported him by a cord tied round his breast. When they came to a lane called Conduit-lane, in Rogate parish, in this county, Galley in the extremity of anguish, cried out, “I shall fall! I shall fall!†upon which Sheerman swore, “D—n you, if you will fall, do then;†and as Galley was falling he gave him a thrust to the ground; after which Galley was never seen to move, or heard to speak more.
“Jackson, Carter, and the others, in order to prevent a discovery of the murder of Galley, went about one o’clock on the Monday morning, to the Red Lion at Rake, in Sussex, a public-house, kept by William Scardefield, whither they carried Chater all over blood, and with his eyes almost beat out; and also brought the body of Galley. They obliged Scardefield to shew them a proper place for the burial of Galley; and accordingly he went with Carter, Howard, and Steel, to an old fox earth, on the side of a hill near Rake, at a place called Harting Coombe, where they dug a hole and buried Galley.
“The same morning, and long before it was light, whilst some were employed in the burial of Galley, Jackson and Sheerman carried Chater to the house of Richard Mills the elder, at Trotton.
“I am now come to the third period of time: from Chater’s arrival at the house of Richard Mills the elder, to his murder upon Wednesday night, the 17th of February.
“And here it is that Richard Mills the elder appears to be privy and consenting to the intended murder of Chater. A private house was thought much moreproper and safe for the confinement of Chater, than a public-house, at all times open to every man; and therefore Chater was to be removed from Scardefield’s. The prisoners and their companions being no strangers to Old Mills, but his intimate acquaintance, and confederates in smuggling; where could Chater be so secretly imprisoned, as at the private house of the elder Mills? and where could he be more securely guarded than under the roof of one of their gang? With these hopes and reliance, and in full confidence of the secrecy and assistance of Old Mills, Chater was brought to his house by Jackson and Sheerman. When they came there, they told Old Mills they had got a prisoner; he must get up and let them in; upon which Old Mills got up, and received Chater as his prisoner, whose face was then a gore of blood, many of his teeth beat out, his eyes swelled and one almost destroyed. I shall here omit one or two particular circumstances, which the witnesses will give an account of; which shew that Old Mills was also void of all tenderness and compassion.
“Chater was received by him as a prisoner, and a criminal; and therefore was to be treated as such. Old Mills’s house itself was thought too good a prison for him; and therefore he was soon dragged into a skilling or out-house, adjoining to the house, wherein lumber and fuel was kept. And although Chater was in so weak and deplorable a condition as to be scarce able to stand, yet to prevent all chance and possibility of his escape, he was chained by the leg with an iron chain, fastened to a beam of the out-house; he was guarded night and day, sometimes by Sheerman, and sometimes by Howard, who came there that Monday evening. Thus he continued in chains until he was loosened for his execution. But lest he should die for want ofsustenance, and disappoint their wicked designs, he was to be fed and just kept alive, until the time and manner of his death was determined. During the whole time of this imprisonment, Old Mills was at home and in his business as usual. He betrayed not the trust reposed in him. He acquainted nobody with what had happened, nor with whom he was entrusted; but like a gaoler, took care to produce his prisoner for execution.
“On Wednesday, the 17th of February, there was a general summons of all the smugglers then in the neighbourhood, at Scardefield’s house, who had been concerned in breaking open the custom-house at Poole, to meet that day at Scardefield’s. Upon which notice, all the prisoners (except Old Mills) came that day to Scardefield’s. And there were also present John Mills, another son of Old Mills, Edmund Richards, Thomas Willis, Thomas Stringer, Daniel Perryer, William Steel and John Race; Howard and Sheerman still continuing at Old Mills’s, and there guarding Chater. It was at this consultation at Scardefield’s unanimously agreed by all present that Chater should be murdered.
“This was a deliberate, serious, and determined act of minds wickedly and cruelly disposed, and executed with all the imaginable circumstances of barbarity.
“At this meeting Tapner, Cobby and Hammond were first concerned in, and became privy and consenting to, this murder. And there also Richard Mills the younger first became an accessary to this murder; but he was so eager in pursuit of it, that he particularly advised and recommended it; and said he would go with them to the execution, but he had no horse. And when he was told that the old man (meaning Chater) was carried by a steep place in the road to Rake, hesaid—‘If I had been there, I should have called a council of war, and he should have come no farther.’
“About eight o’clock on that Wednesday evening, all who were present at the consultation at Scardefield’s (except Richard Mills the younger, John Mills and Thomas Willis) went from Scardefield’s to the house of Old Mills, where they found Chater chained, and guarded by Howard and Sheerman.
“They told him he must die, and ordered him to say his prayers. And whilst he was upon his knees at prayers, Cobby kicked him; and Tapner, impatient of Chater’s blood, pulled out a large clasp knife, and swore he would be his butcher, and cut him twice or thrice down the face, and across the eyes and nose. But Old Mills in hopes of avoiding the punishment due to his guilt, by shifting Chater’s execution to another place, said—‘Don’t murder him here: carry him somewhere else first.’
“He was then loosened from his chains, and was by all the prisoners (except Mills the father and his son), and by all the gang that came from Scardefield’s, carried back to that well, wherein Galley had before been threatened to be thrown alive. Jackson and Carter left the company some small distance before the others came to the well; but described the well to be fenced round with pales and directed them where to find it; and said—‘We have done our parts,’ meaning we have murdered Galley; ‘and you shall do yours,’ meaning you shall murder Chater.
“Tapner, in order to make good what he had before said, after Chater had been forced over the pales which fenced the well, pulled a rope out of his pocket, put it about Chater’s neck, fastened the other end to the pales,and there he hung Chater in the well until he was dead, as they all imagined.
“They then loosened the cord from the rail of the pales, and let him fall to the bottom of this well, which was dry; and one of the accomplices imagined he heard Chater breathe, and that there were still some remains of life in him.
“To put an end to a life so miserable and wretched, they threw pales and stones upon him. This was the only act that had any appearance of mercy and compassion; and it brings to my remembrance the saying of the wisest of men, fully verified in this fatal instance of Chater’s murder—‘The mercies of the wicked are cruelties.’
“I am now come to the fourth and last period of time.
“And here it is observable, that although Providence had for many months permitted this murder to remain undiscovered, yet it was then disclosed and brought to light when the appointed time was come, and an opportunity given to apprehend and bring to justice many of the principal offenders.
“Upon the 17th of September last, search was made in pursuance of information given, for the body of Chater. And the body was found with a rope about its neck, covered with pales, stones and earth, in that well I have before mentioned, close by Lady Holt Park, in a wood called Harrass Wood belonging to Mr. Carryll.
“By the length of time, from February to September, the body was too much emaciated to be known with any certainty. But by his boots, clothes and belt, there also found, it evidently appeared to be the body of the unfortunate Chater.
“I have now opened to you the substance of all the most material facts: and should the proofs support thetruth of those facts, no man can doubt the consequence thereof, that Chater was murdered, and the prisoners were his murderers.â€
Mr. Smith, another of the King’s counsel, also spoke as follows, viz.:—
“The crime they are charged with is one of the greatest that can be committed against the laws of God and man, and in this particular case attended with the most aggravated circumstances.
“It was not done in the heat of passion, and on provocation, but in cold blood, deliberately, on the fullest consideration, in the most cruel manner, and without any provocation. The occasion being as you have heard, only because he dared to speak the truth.
“This prosecution, therefore, is of the utmost importance to the public justice of the nation, and to the safety and security of every person; for if such offenders should escape with impunity, the consequence would be, that no crime could be punished. It would teach highwaymen and all other criminals, to unite in the manner those men have done, and whoever received injuries from them would not dare to take any steps towards bringing them to justice, for fear of exposing themselves to the revenge of their companions.
“Our constitution, therefore, which must be supported by a regular administration of justice, and a due execution of our laws, depends, in some measure, on bringing such offenders to condign punishment; and it is to be hoped a few examples of this kind will restore the peace and tranquillity of this county.
“In stating the facts, I shall point out to you the share which every one of the persons at the bar had in this murder.
“In October, 1747, the custom-house at Poole wasbroken open; the smugglers who did it, on their return, passed through Fordingbridge, where Chater saw Dimer among them; and having declared, so was obliged to make oath of it; on which information Dimer was committed to gaol for further examination: and on the 14th of February, Chater was sent by the collector of Southampton, in company with Galley, with a letter to Mr. Battine, Surveyor General of the customs, in order that Chater might see if the man in gaol was the same person he saw at Fordingbridge.
“These two men, having enquired their way at the New Inn at Leigh, one Jenkes undertook to direct them, and carried them to widow Payne’s, at Rowland’s Castle, who saying she feared they were going to do the smugglers some mischief, sent for Carter and Jackson, Steel, Race, Richards, Sheerman and Howard, who, having made Galley and Chater drunk, and seen the letter to Mr. Battine, consulted what to do with them. Some proposed to murder them, others to send them prisoners to France, and others to confine them, till they saw what had become of Dimer, and to treat them as he was dealt with.
“Having sent Jenkes away, these poor men were left absolutely in the power of the smugglers; and indeed, into worse hands they could not have fallen; had they been taken in battle they would have had quarter, and been treated with humanity; had they fallen into the hand of enemies of those nations who give no quarter, their lot would have been immediate death; but as it was their hard fate to fall into the hands of smugglers, to have neither quarter or immediate death, but they were reserved to suffer the most cruel usage for several days and afterwards murdered.
“These poor wretches, after having been beat andabused at Payne’s by Carter and Jackson, and the rest of the gang, were carried away by force, both set on one horse, with their legs tied under the horse’s belly, and whipt and beat by direction of Carter and Jackson, till they fell; then they were set up again in the same manner, and whipt and beat again, till they fell a second time; and were then set on separate horses, and used in the same manner, till Galley had the good fortune to be delivered by death from their cruelty; after which they carried Chater, who was bloody and mangled with the blows and falls he had received, to Scardefield’s, at the Red Lion at Rake, who observed Jackson’s coat and hands bloody; and while Carter and the rest buried Galley, Jackson and Sheerman carried Chater to old Mills’s in the night, between the 14th and 15th of February, where he was chained by the leg in the skilling, or out-house, till the Wednesday night following, and Sheerman and Howard guarded him.
“Imagine to yourselves the condition of this unhappy man, certain to die by their hands, uncertain only as to the time, and the cruel manner of it: suffering for three days and three nights pain, cold and hunger; and what was infinitely worse, that terror and anxiety of mind which one in his situation must continually labour under; he must doubtless envy the condition of his companion Galley, who by an early death was delivered from the misery he then endured.
“On Wednesday following, the 17th of February, all the prisoners at the bar (except Old Mills) met at Scardefield’s, and there were present also seven more; at which meeting it was unanimously agreed by all present to murder Chater; and Young Mills particularly advised it; and said if he had a horse he would go with them and do it; and either then, or at another meeting atScardefield’s, when Carter and Jackson said, that as they came along, they brought Chater by a steep place thirty feet deep, Young Mills said, ‘If I had been there I would have called a council of war, and he should have come no further.’
“This being determined, the prisoners Tapner, Cobby, Hammond, Carter and Jackson, together with five more of that company went to Old Mills’s, where they found Chater chained and guarded by Sheerman and Howard, and told him he must die; he said he expected no other. Tapner then said he would be his butcher, and, taking out a knife, cut him across the eyes and nose; on which Old Mills said, ‘Don’t murder him here, but take him somewhere else first.’
“Tapner, Cobby, Hammond, Carter, Jackson, and the rest, who came there together, with Sheerman and Howard, then carried him away to murder him: Sheerman, Howard and Richards, having been concerned in Galley’s murder, said the rest should kill Chater, and therefore went away to Harting; Carter and Jackson having been likewise concerned in Galley’s murder, when they came to Lady Holt Park Gate, turned in there, and left the others; having first told them, ‘The well is a little way off, you can’t miss it; ’tis fenced round with pales, to keep the cattle from falling in.’
“Tapner, Cobby, Hammond, Carter, Jackson, and the rest, went then to the well, where Tapner put a rope round Chater’s neck to hang him; and some of the pales being broken down, Chater would have crept through. Tapner would not let him, but made him climb over the pales, weak as he was, and then hanged him in the well about a quarter of an hour, till they thought him dead; then having drawn him up till they could take hold of his legs, they threw him headlong into thewell; and fancying they heard him breathe or groan, threw posts and stones in upon him, and went their way.
“The terror of this act of cruelty had spread through the country, stopt every person’s mouth who had it in their power to give any information; so that the body was not found till September, when it was so putrified and consumed as not to be known but by the belt, and which Chater’s wife will prove to be her husband’s. If there was any doubt as to the identity of the man, we could shew likewise, that being examined by the smugglers just before he was murdered, he said his name was Daniel Chater.
“It appears therefore from this state of the case that all the prisoners are guilty of the indictment; Tapner was present at the consultation at Scardefield’s, and was the person who hanged him; Cobby and Hammond were present at the consultation, helped to carry him to the well, and were present at the murder, and therefore equally guilty with Tapner as principals; Carter and Jackson took him away by force from Payne’s, and the treatment of him there on the road shewed an intention from the first to murder him, though perhaps the particular death he was to suffer was not then agreed on. They were afterwards present at the consultation at Scardefield’s, where it was resolved to murder him, and went almost to the well with him; and when they parted, gave those who murdered him particular directions to the well. Young Mills was also at the consultation, and particularly advised and directed the murder, in which he declared he would have joined if he had a horse. Old Mills, though he kept no public-house, receives this man brought in the night, in a bloody and deplorable condition. Chater is chained in his out-house from Sunday night till Wednesday; yetOld Mills never discovers it to any person, or uses any means to deliver him, which is a strong evidence of his knowledge of their design; and when Tapner declared he would be his butcher and cut him, Old Mills expresses no disapprobation of the murder, does not dissuade him from it, but desires him ‘not to do it there, but carry him somewhere else first,’ which shews his approbation of the fact; though to secure himself he would have had it committed at some other place.
“This, gentlemen, is the fact, which shews that securing themselves and their companions was not their principal aim; were it so, they would have murdered this man as soon as they had him in their power; but their motive seems to have been revenge, and a disposition to torture one who should dare to give any information which might bring them or their friends into danger.
“After hearing the whole evidence, if these men appear innocent, God forbid they should be found guilty; and I would not have the cruel circumstances of the fact incline you to believe anything we suggest that is not supported by the strongest proof; but if the fact is proved beyond a possibility of doubt to be in the manner we have stated it, I am sure you will do your duty, and by a just and honest verdict deliver your country from men so void of humanity.â€
The king’s counsel having finished what they had to premise, proceeded to call the witnesses for the crown in support of the charge; the first witness called was Mr. Milner, collector of the customs at Poole, who deposed that about the 17th of October, 1747, he had advice that the custom-house was broken open; upon which he hastened thither, and found the outer door burst open, and the other door broken in pieces; thatthe room wherein some run tea was lodged, that was taken by Captain Johnson, was broken open, and all the tea carried away, excepting a little bag containing about four or five pounds.
Mr. Shearer, collector of the customs at Southampton, was next called, who deposed that in February last he received a letter from the commissioners of the customs, acquainting him that one John Dimer was committed to Chichester gaol on suspicion of breaking open the custom-house at Poole, with directions to send the deceased Daniel Chater, who could give some information against Dimer, to Justice Battine, the Surveyor General, and to acquaint Justice Battine with the occasion of his sending Chater; that he accordingly sent Chater with a letter addressed to Justice Battine, under the care of one William Galley, a tidesman in the port of Southampton; that they set out on Sunday morning, the 14th of February last. He could not take upon him to say how Chater was dressed, but he remembered he rode upon a dark brown horse, and had a great coat on, with another coat under it, and upon the under coat a belt; he could not recollect how Galley was dressed, but remembered that he was mounted upon a grey horse.
The next witness called and sworn was William Galley, the son of the deceased William Galley, who deposed that he remembered his father’s setting out upon this journey to Justice Battine, in February last; that he saw the letter to Justice Battine the night before his father set out, and saw the directions; he remembered the dress his father had on: it was a blue great coat, with brass buttons covered with blue, a close bodied coat, of a light brown colour, lined with blue, with a waistcoat and breeches of the same, and that herode on a grey horse; he remembered that Daniel Chater, a shoemaker at Fordingbridge, set out at the same time with his father, and had on a light surtout coat, with red breeches, and a belt round him, and rode upon a brown horse; that this was the last time he ever saw his father alive, and that he never saw Chater since.
Edward Holton was next called and sworn, who deposed that on the 14th of February last he saw Daniel Chater and another person, whom he took to be Mr. Galley, at his own house at Havant, in the county of Hants; that he knew Chater very well, and had some conversation with him; that Chater told him he was going to Chichester upon a little business, and then went out to Galley, and brought in a letter, which was directed to William Battine, Esq., at East Marden; upon which he (the witness) told him he was going out of the way; Galley wished he would direct them the way, that he directed them to go through Stanstead, near Rowland’s Castle; and that they said they should be back again the next day.
George Austin being called and sworn, deposed that on Sunday, the 14th of February last, he saw two men, one mounted on a brown horse and the other on a grey, at the New Inn at Leigh, in the parish of Havant; that they came to the New Inn when he was there and enquired the way to East Marden, to which place he was going to direct them, when one of the men who had a blue coat on, pulled a letter out of his pocket, which he (the witness) looked at, and seeing it was directed to Justice Battine at East Marden, he told them they were going ten miles out of their way, and that he and his brother, Thomas Austin, and his brother-in-law, Robert Jenkes, were going part of their road, and wouldconduct them the best they could; that they went no further together than to a place called Rowland’s Castle, to a public-house which was kept by the widow Payne; the two strangers, Galley and Chater, called for rum at the widow Payne’s. This was about the middle of the day, or something after. That the widow Payne asked him if he knew these men, or whether they belonged to his company; he told her they were going to Justice Battine’s, and that he was going to shew them the way; she then said she thought they were going to do harm to the smugglers, and desired him to set them out of the way; which he refused. She then seemed uneasy, and she and her son consulted together; that her son went out, and the prisoner Jackson came in a little time; that the prisoner Carter and several more came thither soon afterwards. He knew none but Jackson and Carter[6]. That Jackson enquired where the two men were bound for, and the man in the light coat answered they were going to Justice Battine’s, and from thence to Chichester: but Carter was not by at that time; that Galley and Chater had some rum, and Jackson called for a mug of hot—which was gin and beer mixed, or something of that kind—to the best of his knowledge they all drank together; he did not see any ill-treatment, nor either of the men bloody whilst he was there; that he went away between two and three, and left the two men there; the widow Payne called him out of doors, and told him his brother Jenkes wanted to speak to him; when he came out his horse was at the hedge by the back door, and his brother said hewondered why the two men did not go away; upon which he went back again into the house, and his brother was uneasy because he did so; that the widow Payne advised him to go home, and said the two men would be directed the way: he was uneasy at going without them, because he saw so many men come in, and imagined they had a design to do some harm to them; that when he went away, Jackson and Carter were left with the two men, Galley and Chater, to the best of his knowledge; and Jackson, as well as the widow Payne, persuaded him to go home, saying it would be better for him. He was positive that Jackson and Carter were there, for he knew them very well.
The Court asked Jackson and Carter if they would ask the witness any questions,
To which they both answered they had no questions to ask him.
Thomas Austin was then called, who deposed that he was at the New Inn at Leigh on Valentine’s Day last, with his brother George, where he saw two men who enquired the way to Justice Battine’s; he went from thence with them to Rowland’s Castle; they went to the widow Payne’s at that place, and called for a dram of rum; the prisoners were not there at first, but in a little time Jackson came, and soon afterwards the prisoner Carter. That the widow Payne spoke to him at the outer door before either of the prisoners came and asked him if he knew the two men, and said she was afraid they were come to do the smugglers some mischief, and that she would send for William Jackson; accordingly her son went for him, and he soon came, and another little man and his servant. This witness further deposed that he saw in the house one Joseph Southern and the prisonerCarter, but that Carter did not come so soon as Jackson. That Jackson struck one of the men who had a blue coat on, but they were all soon appeased, and then they all drank very freely, and he was drunk and went to sleep, and the two men were fuddled and went to sleep in the little room: that about seven o’clock Jackson went into the room and waked the two men; after they came out, the two men were taken away by Jackson and Carter, and one William Steel and Edmund Richards; but he did not remember they were forced away, and did not see them upon the horses, nor did he ever see them any more; this was between seven and eight o’clock.
Being asked whether he saw either of the men produce his deputation or heard any high words,
He said he did not; that he was asleep the best part of the afternoon, and did not see any ill-treatment, but that one blow which he had mentioned.
Being cross-examined at the request of the prisoners,
He deposed that he did not know who the two strangers were, but they were the same two persons that his brother George had just spoken of, and had a letter for Justice Battine; that one of them had a blue coat on, and rode upon a grey horse, and the other man rode upon a brownish horse; that he did not see the direction of the letter, but he heard it read by Robert Jenkes.
The next witness produced was Robert Jenkes, who came with the two deceased men from Leigh to this house, along with George and Thomas Austin, who, being sworn, deposed: that he saw two men upon 14th February last, at the New Inn at Leigh, one of them upon a brownish horse, the other upon a grey, and dressed in riding coats; that they were the same menthat the witnesses George and Thomas Austin had spoken of; that they all went together to Rowland’s Castle, and got there about twelve o’clock, and went into a house there which was kept by the widow Payne. He did not hear her give any directions to send for anybody; but the prisoners Carter and Jackson soon came thither; that whilst he was there he did not see any abuse, or observe that either of them were bloody, and that he had no conversation with Jackson further than that Jackson said he would see the letter which was going to Major Battine, and Carter, he believed, might say so too; when he wanted to go away, Jackson would not suffer him to go through the room where the two men were (for the two men were carried into another room), but Jackson told him if he had a mind to go, he might go through the garden to the back part of the house where his horse should be led ready for him; that he did so, and found his horse there and went away.
Being now particularly asked if he could say why Jackson refused his going through the room where the two men were, he answered he could not be certain, but believed it was for fear the two men should go away with him; and that he did not order his horse to be led round to the garden himself; and that George Austin and he went away together upon his horse, and that Jackson declared he would see the letter one of the men had in his pocket; and the witness saw the direction of it was William Battine, Esq., at East Marden.
Being cross-examined by the prisoner Carter, whether Carter said he would see the letter, he answered that both Carter and Jackson said they would see the letter for Justice Battine; that he (the witness) did not order his horse to be carried to the back part of the house; and that Carter was by, when he was told by Jackson,that if he had a mind to go, his horse should be led to the back part of the house.
Joseph Southern deposed that on Sunday, the 14th February last, he saw Jenkes, the two Austins, and two other men coming from Havant towards Rowland’s Castle. One of them had a blue coat on, and rode a grey horse; and he went to Rowland’s Castle himself that day, and saw Jenkes, the two Austins, and the same two men sitting on horseback, drinking at the widow Payne’s door; he stayed there best part of an hour, and saw them and several other persons in the house; that he saw Carter and Jackson in the house whilst he stayed there; he sat down and drank a pint of beer by the kitchen fire, but the other persons were in another room; that he saw the two men come out to the door and go in again, and one of them had an handkerchief over his eye, and there was blood upon it; that he met this man as he was going in, and heard him say to Jackson, “I am the King’s officer, and I will take notice of you that struck me.†That Carter was not present when this was said, but was in the house: the man who spoke thus to Jackson had a parchment in his hand; he likewise saw a letter in his hand, and heard him say he was going to Justice Battine with it; that he (the witness) went away between two and three o’clock, and did not know what became of the letter, nor had he heard either Jackson or Carter say what became of it.
This being all Mr. Southern had to say, and Jackson and Carter, though asked particularly if they would have him asked any questions, saying they had none, he was set down.
William Garret deposed that he was at the widow Payne’s on the 14th of February last, and saw Jacksonand Carter and two strangers there; that one of them who had a blue coat on, had received a stroke upon his cheek, and the blood run down just as he came in; this man was standing up by the back of a chair, and Jackson by him, and he heard Jackson say, “that for a quartern of gin he would serve him so again,†by which he understood that Jackson had struck him before. He did not hear the man say he was the King’s officer, but he heard Jackson say, “You a King’s officer! I’ll make you a King’s officer, and that you shall know.†Then when he went away he left them all there.
The prisoners would not ask this witness any questions.
The next witness produced was William Lamb, who being sworn, deposed, that he went to the widow Payne’s, at Rowland’s Castle, on the 14th of February last, about four in the afternoon, and found Jackson and Carter there; that before he went he saw one of the widow Payne’s sons call Carter aside, at his house at Westbourne; that there were several other people there (Rowland’s Castle) in another room, amongst whom were Thomas Austin and two men that were strangers to him, one of whom had on a blue great coat. He further deposed that the two men who were strangers he understood were going with a letter to Justice Battine; but that he saw no ill-treatment during the little time he stayed there. He said that during the time he was there Edmund Richards, one of the company, pulled out a pistol, and said that whoever should discover any thing that passed at that house, he would blow his brains out. But that Jackson and Carter, two of the prisoners, were not in the room when these words were spoken, as he verily believes. He saw, he said, the man in the blue great coat, pull a parchmentout of his pocket, and he heard him tell the people he was the King’s officer; his wig was then off, and there was blood upon his cheek; that he saw a letter, which he understood to be going to Mr. Battine; and Kelly and the prisoner Carter had it in their hands, but he did not know how they came by it; that he did not see the direction of the letter; but he observed it was broken open when he saw it in the hands of Carter and Kelly, and he understood, by the discourse of the company, that it was a letter which the two strangers were to carry to Mr. Battine, but he never heard it read.
The prisoners Carter and Jackson would not ask him any questions.
Richard Kent deposed, that he was at the widow Payne’s on the 14th of February; that he saw Jackson and Carter, and many others, particularly two strangers, who he supposed were Galley and Chater; that they took the strangers out with them, and that Edmund Richards told him that if he spoke a word of what he had heard or seen he would shoot him; but Jackson and Carter were not in the room when Richards said this.
George Poate deposed that he was at Rowland’s Castle on Sunday, the 14th of February last, about seven o’clock in the evening, and saw nine men there; Jackson and Carter were two of them; he stayed there about half an hour, and as soon as he came in he saw four or five men with great coats and boots on, most of them upon their legs, as if they were just going; he went and warmed himself by the kitchen fire, and soon after he heard the stroke of a whip, repeated three or four times, in a little room that was at the corner of the kitchen, but did not see who gave the blows, norwho received them; that he afterwards heard a strange rustling of people, more than before, and saw seven or eight men come into the kitchen; that he knew Jackson and Carter, and William Steel, Edmund Richards, and two that went by the names of Little Sam and Little Harry; there were two other persons there, whom to his knowledge he had never seen before or since, and could give no account of them, nor did he observe how they were dressed; that soon after he thought he heard a blow, and saw Jackson in a moving posture, as if he had just given a blow, and was drawing up his arm in a proper form, as if he was going to give another; but William Payne stepped up, and called him a fool and a blockhead for so doing; upon which he sunk his arm, and did not behave in a like manner any more in his sight; that just as they were going out of doors, Jackson turned round with a pistol in his hand, and asked for a belt, or string, but nobody gave him either, and he put his pistol into his pocket, and went away with the rest; that by the trampling of horses he supposed they all went on horseback, but which way he knew not; it was between seven and eight o’clock, as nigh as he could guess, when they went off; he did not hear any conversation about one of the strangers being a King’s officer, nor did he see the blow given, nor the person to whom the other blow was going to be given.
The prisoners Jackson and Carter said they had no questions to ask this witness.
Then his Majesty’s counsel desired that John Raise, otherwise Race, he being an accessary to the fact, should be called, who appearing and being sworn, deposed, that on Sunday, the 14th of February, he was at Rowland’s Castle between twelve and one o’clock at noon; that when he came there he found Edmund Richards, William Steel,the prisoners Carter, Jackson, and Little Sam, Richard Kelly, Jackson’s wife, and Galley and Chater; he saw Jackson take Chater to the door, and heard him ask him if he knew anything of Dimer the shepherd, and Chater answered he did, and was obliged to go and speak against him; that Galley then went out to keep Chater from talking to Jackson; whereupon Jackson knocked Galley down with his fist; that Galley came in again, and soon after Jackson and Carter. When they were all come in, he (the witness) with the prisoners Jackson and Carter, and Edmund Richards, went into the back room; that there they enquired of Jackson what he had got out of the shoemaker (meaning Daniel Chater); that Jackson informed them that Chater said he knew Dimer and was obliged to come in as a witness against him; that then they consulted what to do with them (Chater and Galley)—this was about three o’clock in the afternoon: they first proposed to carry them to some secure place, where they might be taken care of till they had an opportunity of carrying them over to France; and that when this proposition was made, the prisoners Jackson and Carter, and Richards and himself were present. This resolution was taken to send them out of the way, that Chater should not appear against Dimer; and afterwards it was agreed to fetch a horse and carry them away; that Galley and Chater appeared very uneasy, and wanted to be gone; and thereupon Jackson’s wife, to pacify them, told them that she lived at Major Battine’s and her horse was gone for, and as soon as it came she would shew them the way to Mr. Battine’s; that he (the witness) then went away, and saw no more of them that night.
Being cross-examined at the request of the defendant’s counsel, he said, “At this consultation therewas nothing mentioned, as he remembered then, but the securing them in order to carry them to France.â€