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 was broken 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 and abused 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 at Scardefield’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 the well; 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; yet Old
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.”
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; that
the 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 he rode 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 would conduct 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 he wondered 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 prisoner Carter, 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 men that 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 Jackson and 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 parchment out 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.