Chapter II: Part 2

But though these wretches had perpetrated the murders of these two unhappy men with such secrecy (notwithstanding they had them so long in hold) that they thought it next to impossible that they should ever be discovered, unless they had traitors among themselves; yet they were sensible that there were two witnesses still living, which, though dumb, would certainly render them suspected, if suffered to survive their masters; and these were the two horses that belonged to Galley and Chater; and therefore a consultation was held what was best to be done with them. Some were for turning them adrift in a large wood, where they might range about a long while before they could be owned. But others alleged that whenever they were found, they would undoubtedly soon be known to belong to the rightful owners, and as Galley and Chater might possibly have been seen riding upon them in their company but a very little before these men were missing, some curious people might imagine they were, some way or other, concerned in conveying them away; to prevent which, let us, said they, put them on board the first French vessel that shall bring goods on the coast and send them to France. This however, was objected to, as liable to some miscarriage; and therefore, after much debate, it was unanimously agreed to knock them on the head at once, and then take their skins off. Accordingly they killed the horse which Galley rode on, which was a grey, and having flayed him, cut his hide into small bits, which they disposed of in such a manner, that it was impossible for any discovery to be made from thence. As to the horse which Chater rode on, which was a bay, when they came to look for him they could not find him, for he had got away, and not long after was delivered to his owner; but the grey, which Mr. Shearer, of Southampton, had hired for Mr. Galley, and which they had now killed, he was obliged to pay for.

Thus we have given a full and circumstantial account of all the particulars relating to the murders of these two unhappy men, whose misfortune it was to fall into the hands of these savage brutes. But as Providence seldom suffers such atrocious crimes to go undiscovered or unpunished even in this world, so in this case, though the Divine justice seemed dormant for a while, yet the eye of Providence was not asleep, but was still watching their motions and taking the necessary steps to bring to light these horrible deeds of darkness, and to punish the perpetrators of such abominable wickedness in the most exemplary manner.

The first thing that gave occasion to suspect that some such misfortune as above related had befallen these men was that they did not return in the time which it was reasonable to suppose they might have done, from Major Battin’s, to whom Mr. Shearer had sent them with a letter, as before related. Another circumstance that served to strengthen the suspicion that they had fallen into the hands of the smugglers, who had privately made away with or destroyed them, was that exactly at the time when they were sent on the abovesaid message, the great coat of Mr. Galley was found on the road very bloody. This circumstance the reader will remember we mentioned when we gave an account of their first setting out from Rowland’s Castle, when these tormenters began their cruel discipline of whipping, and that they pulled off Galley’s great coat, that he might the more sensibly feel their lashes.

The long absence of these men from their homes, and the reasons there were to conclude that the smugglers had either murdered them or sent them to France, being laid before the commissioners of the customs, a proclamation was immediately ordered, offering a reward to anyone who should discover what was become of them, with his Majesty’s pardon to such discoverer. However, six or seven months passed before the Government could get the least light into the affair; and then a full discovery was gradually made by the following means.

One of the persons who had been a witness to some of the transactions of this bloody tragedy, and knew of the death of either Galley or Chater, and where one was buried, though he was no way concerned in the murder, sent an anonymous letter to a person of distinction, wherein he intimated that he thought the body of one of the unfortunate men mentioned in his Majesty’s proclamation was buried in the sands in a certain place near Rake (but for some particular reason did not think it prudent to make himself known); whereupon some people went in search, where they found the corpse of Galley buried; and the reason why it is supposed he was buried alive, they found him standing almost upright, with his hands covering his eyes.

The discovery being made by this letter, another letter was sent, wherein an account was given that one William Steel, otherwise Hardware, was one concerned in the murder of the man that was found buried in the sands, and mention was made therein where they might find him, and he was accordingly taken into custody; when he offered himself to be an evidence for the King, and to make a full discovery and disclosure of the whole wicked transaction, and of all the persons concerned therein.

Steel being now in custody, he gave an account of the murder of Galley, and further informed in what manner Chater was murdered and thrown into Harris’s Well; whither messengers being likewise sent, and one of them let down into the well, the body was found with a rope about his neck, his eyes appeared to have been cut or picked out of his head, and his boots and spurs on. They got his body out of the well with only one leg on; the other was brought up by itself, with the boot and spur on it, which, it is supposed, was occasioned by his fall down the well, or else by throwing the logs of wood and stones upon him.

But Steel did not only give information of all the particulars of this transcendent wickedness, but likewise acquainted the justice with the names of the principal actors in it; pursuant to which, warrants were immediately issued, and several of them taken in a short time, and committed to gaol.

John Race, who was another of the King’s witnesses, and concerned with them at the beginning of the affair at Rowland’s Castle, came in and voluntarily surrendered himself, and was admitted an evidence, as Steel had been.

Hammond was taken the beginning of October, and being carried before two magistrates, and it appearing that he was privy to, and concerned in, the murder of Chater, and throwing him into a well near Harting, in the County of Sussex, was committed to Horsham gaol.

John Cobby, being likewise apprehended, was committed to Horsham gaol the 18th of the same month, and for the same crime of murdering Chater.

Benjamin Tapner was also committed to the same gaol the 16th of November following, and on his own confession, of murdering Chater in the manner above stated. He was betrayed by his master, one T--ff, a shoemaker in Chichester, of whom we shall have occasion to speak more at large when we come to give an account of the life of Tapner.

Richard Mills, jun., was apprehended in Sussex, with George Spencer, Richard Payne and Thomas Reoff, about the 16th of August, 1748; and being all brought together under a strong guard to Southwark, were carried before Justice Hammond, who committed them all to the county gaol of Surrey, for being concerned with divers other persons armed with firearms, in running uncustomed goods, and for not surrendering themselves after publication in the _London Gazette_.

And on the 5th day of October, Richard Mills was detained in the said gaol, by virtue of a warrant under the hand and seal of Justice Hammond, for being concerned in the murder of William Galley and Daniel Chater, whose bodies had a little before been found, as has been related.

William Jackson and William Chater were taken November the 14th, near Godalming in Surrey, and brought up to London under a strong guard the 17th November; and being carried before Justice Poulson in Covent Garden, were, after examination, committed to Newgate, for being concerned with divers other persons in running uncustomed goods, and for not surrendering after publication in the _London Gazette_.

Old Richard Mills, notwithstanding he knew that all these were taken, and that warrants were out against Henry Sheerman, otherwise Little Harry, of Leigh, near Warblington, labourer; Edmund Richards, of Long Coppice, in the Parish of Walderton, labourer; Thomas Stringer, of Chichester, cordwainer; Daniel Perryer, otherwise Little Daniel, of Norton, labourer; and John Mills (his other son), of Trotton, labourer; all which places are in the county of Sussex; as also against Thomas Willis, commonly called the Coachman, of Selbourne, near Liphook; and Samuel Howard, otherwise Little Sam, of Rowland’s Castle, labourer; both in the county of Hants; for being concerned with the others before-mentioned, in the murders of Galley and Chater, yet he continued at home, never absconding, thinking himself quite safe, as he knew nothing of the murder of Galley, and as to that of Chater, he was seemingly very easy, as he was not murdered in his house, nor he present when the wicked deed was done: but Steel having given an account in his information of the whole affair, which was laid before the Attorney General, that old Major Mills was concerned, as has been before related, by keeping the poor man chained in his skilling or turf-house; and that he was present when they all came down from Scardefield’s, and told him they were come to take Chater up to Harris’s Well, where they intended to murder him, and fling him into it; as likewise that he was present in the turf-house when Tapner cut Chater across his eyes, nose and forehead; and that he did express these words, “Don’t murder him here; take him somewhere else and do it,” it was thought necessary to apprehend him, and accordingly on the 16th of December he was taken, committed to Horsham gaol as being accessary to the murder of Daniel Chater, before the same was committed, and concealing the same; which offence subjects the person so guilty to be hanged.

Combleach, the gardener, who lent them the ladder and rope to get Chater out of the well, when they found that he was not quite dead, having been heard to say, that some of the persons in custody had told him they had murdered two informers against the smugglers, it was thought proper to take him up and examine him, in expectation of some further discoveries; but when Combleach was brought before the magistrates, he refused to give satisfactory answers to the questions asked him, and idly and obstinately denied all that was sworn against him, whereupon he was committed to Horsham gaol on suspicion of being concerned in the murder of Chater.

The smugglers had reigned a long time uncontrolled; the officers of the customs were too few to encounter them; they rode in troops to fetch their goods, and carried them off in triumph by day-light; nay, so audacious were they grown, that they were not afraid of regular troops, that were sent into the country to keep them in awe; of which we had several instances. If any one of them happened to be taken, and the proof ever so clear against him, no magistrate in the county durst commit him to gaol; if he did, he was sure to have his house or barns set on fire, or some other mischief done him, if he was so happy to escape with his life, which has been the occasion of their being brought to London to be committed. But for a man to inform against them, the most cruel death was his undoubted portion; of which we already have given two melancholy instances, and could produce more; one especially is so very notorious, that we shall make a little digression, and relate a few particulars of it, and reserve a more circumstantial account till the trials of these cruel villains are over, who were the horrid perpetrators of it.

Richard Hawkins, of Yapton, in the county of Sussex, labourer, being at work in a barn, two of their gang, in January 1747–8, came to the barn in the said Parish of Yapton, where the poor man was threshing corn.

The names of the two men who came to him were Jeremiah Curtis, of Hawkhurst, in Kent, butcher, and John Mills, of Trotton, in Sussex, labourer (this last one of those who were concerned in the murder of Chater, and who is not yet taken), and having found Hawkins at work, as before mentioned, they told him that he must go along with them; and on his showing some reluctance to comply with their commands, they swore they would shoot him through the head that instant if he did not come away without any more words. Poor Hawkins being terrified at their threats, put on his clothes, and went along with them to the sign of the Dog and Partridge, an alehouse, on Slindon Common, and going into a back room, he saw Thomas Winter, of Poling, near Arundel, and one called Rob, or Little Fat Back, servant to Jeremiah Curtis, who lived in or near East Grinstead. In the back room these two were waiting for them. This was in the afternoon, and having kept Hawkins there till about twelve o’clock at night, took him away; but whither they carried, or what they did with him, was not known for a long time; for the man was not seen, nor heard of, till the body was found in a pond in Parham Park, belonging to Sir Cecil Bishop, in Sussex, upwards of nine months afterwards; and the coroner’s inquest, having sat on the body, they brought in their verdict of wilful murder by persons unknown.

The only reason these villains had to commit this murder on the poor wretch, who left behind a wife and many children, was, on a supposition only, that he had concealed a small bag of tea from them; for they had lodged a quantity of run tea near the barn where the man worked, and when they came to look for it, missed one bag, and imagined he had taken it away; though the villains, on a second search, after they had murdered the man, found the bag of tea where they had hid it, and had overlooked it before.

This murder in itself was as barbarous as that of Mr. Galley; for they made him go with them upwards of ten miles, all the way whipping him, and beating him with the handles of their whips till they had killed him, and then tied stones to his legs and arms and flung him into the pond, which kept the body under water.

These terrible executions, committed by the smugglers on these poor men, and the dreadful menaces which they uttered against any person that should presume to interrupt them, so terrified the people everywhere, that scarce anybody durst look at them as they passed in large bodies in open day-light. And the custom officers were so intimidated, that hardly any of them had courage enough to go on their duty. Some of them they knew they had already sent to France, others had been killed or wounded in opposing them, and Galley, in particular, had been inhumanly murdered by them: so that not only the honest trader suffered by the running of prodigious quantities of goods, which were sold again at a rate that he could not buy them at, unless he traded with them; but the King’s revenue was considerably lessened by this smuggling traffic.

It is no wonder, indeed, that when once a set of men commenced as smugglers, that they should go on to commit the vilest excesses; for when a man has wrought himself into a firm persuasion that it is no crime to rob his King or his country, the transition is easy to the belief, that it is no sin to plunder or destroy his neighbour; and therefore we need not be much surprised that so many of the smugglers have turned highwaymen, housebreakers, and incendiaries, of which we have had but too many instances of late.

The body of the smugglers was now increased to a prodigious number, and the mischiefs they did where-ever they came, at least wherever they met with opposition, were so enormous, that the whole country was afraid of them; and even the government itself began to be alarmed, and to apprehend consequences that might be fatal to the public peace, in case a speedy check was not put to their audacious proceedings. His Majesty, therefore, being perfectly informed of their notorious villainies, and informations being given of many of the names of the most desperate of their gangs, particularly those who broke open the custom-house at Poole, issued a proclamation, with lists of their several names, declaring, that unless they surrendered themselves to justice at a day appointed, they should be outlawed, and out of the protection of the laws of their country; promising a reward of £500, to be paid by the commissioners of the customs, for the apprehension of every one who should be taken, and convicted in pursuance thereof. This, in great measure, has had the desired effect, and several of them have been apprehended, tried, convicted and executed, which was the only satisfaction they could make to public justice. But to return from this digression.

Seven of the notorious villains, who had confederated in the murder of Galley and Chater, being apprehended by the diligence of Government, the noblemen and gentlemen of Sussex, being desirous of making public examples of such horrible offenders, and to terrify others from committing the same crimes, requested his Majesty to grant a special commission to hold an assize on purpose to try them; and represented that as Chichester was a city sufficiently large to entertain the judges and all their train, and as it was contiguous to the place where the murders were committed, they thought it the most proper place for the assizes to be held. Accordingly a commission passed the seals to hold a special assize there the 16th day of January, 1748–9.

On Monday, January 9th, 1748–9, Jackson and Carter were removed from Newgate, as also Richard Mills, jun., from the New Gaol in Surrey, under a strong guard, to Horsham, in their way to Chichester. When they came to Horsham, the other five prisoners, viz., Richard Mills, sen., Benjamin Tapner, John Hammond, John Cobby and William Combleach (the latter committed only on suspicion), who were already in that gaol, were all put in a waggon, and conveyed from thence under the same guard as brought the others from London to Chichester, where they arrived on Friday, the 13th.

On their arrival there they were all confined, being well secured with heavy irons, in one room, except Jackson, who being extremely ill, was put into a room by himself, and all imaginable care was taken of him, in order to keep him alive (for he was in a very dangerous condition) till he had taken his trial.

Having thus brought the prisoners to Chichester, and put them in safe confinement, we shall leave them there for the present, till we meet them again on their trials, of which we are enabled to give the most authentic account of any that has been, or may be, published. After that, we shall attend the prisoners while under sentence of condemnation, and truly relate whatever appeared remarkable in their carriage or demeanour; and then bear them company to the place of execution, where we shall take particular notice of their behaviour and dying words.

But, previous to this, it will be necessary to give some account of the journey of the judges from London to Chichester, in order to rectify some mistakes that were made in the accounts published of it in the public prints.

The judges set out from London on Friday, January the 13th, and arrived at the Duke of Richmond’s house at Godalming in Surrey that evening, where they lay that night, and the next day they set out for Chichester, and were met at Midhurst by his Grace the Duke of Richmond, who entertained their lordships with a dinner at his hunting-house near Charlton. After which they proceeded on their journey, and got into Chichester about five o’clock, and went directly to the Bishop’s Palace. It was reported, though very erroneously, that they were guarded in their journey by a party of horse, both thither and back again; but they had none but their own attendants, except a few servants of his Grace the Duke of Richmond, the judges, counsellors, and principal officers being in six coaches, each drawn by six horses.

On Sunday morning, the 15th, they went to the Cathedral, accompanied by the Duke of Richmond, the Mayor and Aldermen of the Corporation, where an excellent sermon was preached suitable to the occasion, by the Reverend Mr. Ashburnham, Dean of Chichester.

We shall now proceed to give an account of what passed at Chichester during their trials; only observe first, that William Combleach, the gardener (whom we have before observed to have been committed only on suspicion, by his own idle talk, which, no doubt, gave a just foundation for his said commitment) was not ordered to be indicted, nor from the mouths of the witnesses on the trials was his name more than barely mentioned.

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_Chichester, January 16th, 1748._

This morning between eleven and twelve o’clock, the judges assigned to hold the assize by special commission, viz., the Hon. Sir Michael Foster, Knt., one of the judges of His Majesty’s Court of King’s Bench; the Hon. Edward Clive, one of the Barons of His Majesty’s Court of Exchequer; and the Hon. Sir Thomas Birch, Knt., one of the Judges of His Majesty’s Court of Common Pleas; went from the Bishop’s Palace, preceded by the High Sheriff of the County, with the usual ceremonies, to the Guildhall, where they were met by his Grace the Duke of Richmond, Sir Richard Mill, Sir Cecil Bishop, Sir Hutchins Williams, Barts., John Butler, Esq., Robert Bull, Esq., and others of the commissioners named in the commission for that purpose; and after having opened the said commission, and the same having been read, the gentlemen who were summoned to be of the grand jury, were called over, and the following twenty-seven, who were present, sworn, viz.:

Sir J. Miller, Bart., foreman.
Sir M. Fetherstonhaugh, Bart.
Sir Thomas Ridge, Knt.
John Page, Esq.
George Bramston, Esq.
William Battine, Esq.
John Winker, Esq.
Edward Tredcroft, Esq.
William Winker, Esq.
Samuel Blunt, Esq.
William Pool, Esq.
Peckham Williams, Esq.
Thomas B. Bilson, Esq.
Thomas Phipps, Esq.
William Mitford, Esq.
James Goble, Esq.
John Cheal, Esq.
William Leeves, Esq.
Richard Nash, Esq.
Thomas Fowler, Esq.
William Peckham, Esq.
William Bartlet, Esq.
John Hollest, Esq.
Francis Peachey, Gent.
John Laker, Gent.
William Peachey, Gent.
John Pay, Gent.

As soon as they were sworn, Mr. Justice Foster gave a most learned and judicious charge, taking notice among other things, that this commission, though it did not extend to all the crimes which are cognizable under the general commissions which are executed in the common circuits; yet it did not differ from other commissions granted for holding the assizes, so that they must proceed on this commission in the same method of trial as was usually done in commissions of assizes; that this commission was only to enquire of murders, manslaughters and felonies committed in the county of Sussex, and the accessaries thereto, and therefore the Grand Jury could not take notice of anything else but what was specified in the said commission.

Then his lordship was pleased to say, that the several murders and other crimes, committed by armed persons gathered together contrary to all law, in this and the neighbouring counties, loudly demanded the justice of the nation; and for that reason his Majesty had been pleased to entrust his lordship and brethren with his special commission, that public justice might be done upon the offenders against the public laws of the kingdom, and that the innocent might be released from their confinement.

His lordship likewise took notice of the dangerous confederacies that had been formed for many years past in Sussex and its neighbouring counties, for very unwarrantable and very wicked purposes; even for robbing the public of that revenue which is absolutely necessary to its support, and for defeating the fair trader in his just expectations of profit; and which, without mentioning more, are the necessary unavoidable consequences of that practice which now goes under the name of smuggling; and this, his lordship said, was not all, for this wicked practice had been supported by an armed force; and acting in open day-light, in defiance of all the law, to the terror of his Majesty’s peaceable subjects; and had gone so far in some late instances, as deliberate murders, attended with circumstances of great aggravation, in consequence of those unlawful combinations.

His lordship likewise said, that in case of a murder, wherever it appeared that the fact was committed with any degree of deliberation, and especially where attended with circumstances of cruelty, the usual distinction between murder and manslaughter could never take place; for the fact is, in the eye of the law, wilful murder, of malice prepense; and involves every person concerned, as well those aiding and abetting as those who actually commit the fact, in the same degree of guilt.

His lordship was pleased further to take notice, that where a number of people engage together with a felonious design, every person so engaged, and present aiding and abetting in the fact, is considered as a principal in the felony; and the reason the law goes upon is this, that the presence of every one of the accomplices gives countenance and encouragement to all the rest; so that consequently the fact is considered, in the eye of the law, and of sound reason too, as the act of the whole party, though it be perpetrated by the hands only of one; for he is considered the instrument by which the others act.

And when we say that the presence of a person at the commission of a felony will involve him in the guilt of the rest, we must not confine ourselves to a strict, actual presence as would make him an eye or ear witness of what passes. For an accomplice may be involved in the guilt of the rest, though he may happen to be so far distant from the scene of action, as to be utterly out of sight or hearing of what passes.

For instance; if several persons agree to commit a murder, or other felony, and each man takes his part: some are appointed to commit the fact, others to watch at a distance to prevent a surprise, or to favour the escape of those who are more immediately engaged; the law says, that if the felony be committed, it is the act of all of them; for each man operated in his station towards the commission of it, at one and the same instant. And so much doth the law abhor combinations of this kind, especially where innocent blood is shed, that a man may, in judgment of the law, be involved in the guilt of murder, when possibly his heart abhorred the thoughts of it. For if numbers of people assemble in prosecution of an unlawful design, with a resolution to stand by each other against all opposers, and a murder is committed by one of the party in prosecution of that design, every man so engaged at the time of the murder, is, in the eye of the law, equally guilty with him that gave the stroke.

“Many cases might be put which come under this rule. I will confine myself to a few which the present solemnity naturally suggests.

“For instance: Numbers of people assemble for the purpose of running uncustomed goods, or for any of the purposes which now go under the term of smuggling, with a resolution to resist all opposers (and the riding with firearms and other offensive weapons is certainly an evidence of that resolution); numbers of people, I say, assemble in this manner and for this purpose. They are met by the officers of the revenue; one of the party, _in the prosecution of this unlawful design_, fires on the King’s officer, and kills him or any of his assistants: the whole party is, in the eye of the law, guilty of murder, though their original intention went no further than smuggling; for that intention being unlawful, the killing in prosecution of that intent is murder, and every man engaged in it partakes of the guilt. The act of one, in prosecution of their common engagement, is considered as the act of all.

“I will go one step further: the party assembled in the manner and for the purposes I have mentioned, is met by the King’s officers, and an affray happens between them; during the affray one of the party fires at the King’s officers, but misses his aim, and kills one of his own party, perhaps his nearest relation or bosom friend (if people of that character are capable of true friendship). This is murder in him and in the whole party too. For if a man upon malice against another strikes at him and by accident kills a third person, the law, as it were, transfers the circumstance of malice from him that was aimed at to him that received the blow and died by it. And consequently, in the case I have just put, the person who discharged the gun being guilty of murder, all his accomplices are involved in his guilt; because the gun was discharged in prosecution of their common engagement, and it is therefore considered as the act of the whole party.

“What I have hitherto said regards those who are present in the sense I have mentioned, and abetting the fact at the time of the commission of it. But there are others who may be involved in the same guilt, I mean the accessaries before the fact. These are all people who by advice, persuasion or any other means, procure the fact to be done, but cannot be said, in any sense, to be present at the actual perpetration of it.

“These persons are involved in the guilt, and liable in the case of wilful murder to the same punishment as the principal offenders are.

“I am very sensible, gentlemen, that I have been something longer than I needed to have been, if I had spoken barely for your information. But on this occasion I thought it not improper to enlarge on some points, that people may see the infinite hazard they run by engaging in the wicked combinations I have mentioned: and how suddenly and fatally they may, being so engaged, be involved in the guilt of murder itself, while perhaps their principal view might fall very short of that crime.”

His lordship having ended his charge, two bills of indictment were presented to the grand jury, one for the murder of William Galley, sen., a custom-house officer in the port of Southampton, and the other for the murder of Daniel Chater, of Fordingbridge, in the county of Hants, shoemaker; when, as soon as the grand jury had received the bills, they withdrew to the council chamber in the North Street; and the following persons were sworn to give evidence before them, who immediately after their being severally sworn in court, went and attended the grand jury, viz., William Steel, alias Hardware, and John Race, alias Raise (two accomplices in the said murders), Mr. Milner, collector of the customs at the port of Poole; Mr. Shearer, collector of the customs at the port of Southampton; William Galley, son of the deceased William Galley; Edward Holton, George Austin, Thomas Austin, Robert Jenkes, Joseph Southern, William Garrat, William Lamb, Richard Kent, Ann Pescod, William Scardefield, Edward Soanes, Mrs. Chater, the widow of the deceased Daniel Chater, John Greentree, George Poate and Mr. Brackstone. And then the court adjourned until nine o’clock the next morning.

* * * * *

_Chichester, Jan. 18, 1748–9._

The judges went to the court this morning about nine o’clock, and the court being sat, the seven following prisoners, viz., Benjamin Tapner, John Cobby, John Hammond, William Jackson,[1] William Carter, Richard Mills the younger and Richard Mills the elder, were put to the bar (the grand jury having returned both the bills found into court), and arraigned upon the indictment for the murder of Daniel Chater; the three first as principals, and the other four as accessaries before the fact.

The clerk of the arraigns called upon the several prisoners at the bar to hold up their hands, which being done, he read the indictment aloud, which was as follows, viz.:--

“That you, Benjamin Tapner, John Cobby and John Hammond, together with Thomas Stringer and Daniel Perryer, not yet taken, not having the fear of God before your eyes, but being moved and seduced by the instigation of the devil, upon the 19th day of February, in the 21st year of his present Majesty’s reign, with force of arms, at the parish of Harting, in the county of Sussex, in and upon one Daniel Chater, being then and there in the peace of God, and his said Majesty, feloniously, wilfully, and out of your malice aforethought, did make an assault; and that you, the said Benjamin Tapner, a certain cord or rope made of hemp, of the value of sixpence, which you the said Benjamin Tapner had then and there in your hands, about the neck of him the said Daniel Chater, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did put, bind and fasten; and that you, the said Benjamin Tapner, with the rope aforesaid by him about the neck of the said Chater, so put, bound and fastened as aforesaid; him the said Chater, then and there with force and arms, feloniously, wilfully, and out of your malice aforethought, did choke and strangle, of which said choking and strangling of him the said Chater, in manner aforesaid, he the said Chater did then and there die. And that you the said John Cobby, and John Hammond, together with Thomas Stringer and Daniel Perryer, both not yet taken, at the time of the felony and murder aforesaid by him the said Benjamin Tapner, so feloniously, wilfully, and out of his malice aforethought, done, perpetrated and committed, as aforesaid, then and there feloniously, wilfully, and out of your malice aforethought, were present, aiding, abetting, comforting and maintaining the said Benjamin Tapner, the said Daniel Chater in manner and form aforesaid, feloniously, wilfully, and out of his malice aforethought to kill and murder. And so that you the said Benjamin Tapner, John Cobby, John Hammond, together with Thomas Stringer and Daniel Perryer, not yet taken, the said Daniel Chater in manner and form aforesaid, then and there with force and arms, feloniously, wilfully and out of your malice aforethought, did kill and murder against his Majesty’s peace, his crown and dignity. And that you, Richard Mills the elder, Richard Mills the younger, William Jackson and William Carter, together with John Mills, Thomas Willis and Edmund Richards, not yet taken, before the felony and murder aforesaid, by them the said Benjamin Tapner, John Cobby, John Hammond, Thomas Stringer and Daniel Perryer, in manner and form aforesaid, feloniously, wilfully, and out of your malice aforethought, done, perpetrated and committed (to wit) upon the said 19th day of February, in the 21st year aforesaid, at the Parish of Harting aforesaid, in the county of Sussex aforesaid, them the said Benjamin Tapner, John Cobby, John Hammond, Thomas Stringer, and Daniel Perryer, the felony and murder aforesaid in manner and form aforesaid, feloniously, wilfully, maliciously, and out of your malice aforethought, to do, perpetrate, and commit, feloniously, wilfully, and out of your malice aforethought, did incite, move, instigate, stir up, counsel, persuade and procure against his Majesty’s peace, his crown and dignity.”

To which indictment they severally pleaded Not Guilty.

This being done, William Jackson and William Carter were arraigned upon the other indictment as principals in the murder of William Gally, otherwise called William Galley.

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: by reason 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 said William 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 being able 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 said Henry 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.”

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 a little 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.:--

John Burnard, foreman,
John Hipkins,
William Faulkner,
William Hobbs,
Richard North,
John Shotter,
William Halsted,
Thomas Stuart,
Henry Halsted,
William Poe,
John Woods,
Christopher Wilson.

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 an obligation 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.