give an account of. The first thing we shall mention ought indeed to
have been taken notice of before, but we were not willing to interrupt
the story of Chater till we had brought him to the last stage of his
sufferings, and his final destruction in this world.
When these miscreants had brought their unhappy victim within about two
hundred yards of the well, Jackson and Carter stayed behind and bid
Tapner, Cobby, Stringer, Steel, Perryer and Hammond go forward and
do their business. “You,” says Jackson, “go and do your duty and kill
Chater, as we have done ours in killing Galley, and then there will be
a final end of the two informing rogues”; for Hammond, Stringer, Cobby,
Tapner and Perryer were neither of them concerned in the murder of
Galley, who was killed on Sunday night, or early on Monday morning, as
before mentioned, of which they were entirely ignorant, till informed
by Jackson, Carter, Little Harry, Richards, Steel and Little Sam.
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.
* * * * *
_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.