At the place of execution he behaved very penitent, and as became one

in his unhappy circumstances, frequently saying that Jackson was the

original person who was the cause of his ruin, and that he should not

have gone to the widow Payne’s that unfortunate day that Mr. Galley and

Mr. Chater were there, had he not been sent for. He declared that at

the time he gave Galley the push off the horse, when Galley fell down

and died, he had no thought that that fall would kill him just then;

that he begged pardon of God and man, not only for that wicked action

of his life, but for all others; and then was turned off, crying to the

Lord Jesus Christ to receive his soul.

We shall now proceed to the trials of John Mills, alias Smoker, John

Reynolds, the master of the Dog and Partridge on Slindon Common, where

Richard Hawkins was inhumanly murdered; and then give an account

of John Mills’s wicked life, and behaviour at his trial, and under

sentence of death; and also of his confession, and last dying words at

the place of execution.

John Mills, alias Smoker, together with Jeremiah Curtis, alias Butler,

alias Pollard, and Richard Rowland, alias Robb (both not yet taken),

was indicted for the murder of Richard Hawkins, in the parish of

Slindon, in the county of Sussex, on the 28th day of January, 1748–9,

in the 21st year of his Majesty’s reign, by violently assaulting,

sticking, beating, whipping and kicking, him, the said Richard

Hawkins, over the face, head, arms, belly, and private parts: of which

wounds, bruises, kicks and stripes he instantly died. And John Reynolds

was indicted for aiding, assisting, comforting and abetting the said

John Mills, alias Smoker, and Jeremiah Curtis, alias Butler, alias

Pollard, and Richard Rowland, alias Robb (both not yet taken), in the

murder of the said Richard Hawkins.

The counsel for the King were Mr. Staples, Mr. Steele, recorder of

Chichester, Mr. Burrel, Mr. Smythe (one of the king’s counsel, learned

in the law, and member of Parliament for East Grinstead, in the county

of Sussex), and Mr. Serjeant Wynn.

One of the counsel for the King having opened the indictment, Mr.

Smythe observed to the court and jury that the practice of smuggling

having prevailed all over the kingdom, particularly in that and the

neighbouring counties, to so great a degree, and the persons concerned

therein became so very audacious, that a great many murders were

committed, and very barbarous ones too, upon such persons who should

show the least inclination to prevent their pernicious practices. That

the murder for which the present prisoners were indicted, was one of

the most bloody and most cruel that ever was perpetrated in this, or

any other civilized nation, except in two others that had happened

in this county; that the prisoner Mills seemed to have the honour of

committing the first, and setting the example of this species of most

terrible murders, though some persons who committed the other murder

had been first brought to justice. That many people were induced to

think smuggling was no crime at all, or if it was one, but a very

small one, it was but cheating the King, and that was no harm; not at

all considering that it is a crime not only against the laws of the

land, but against the law of God also, which commands all men to render

to Cæsar the things that are Cæsar’s. That smuggling was robbing the

nation of that revenue which is appointed for payment of the national

debt; and that every act of smuggling was defrauding every one of his

Majesty’s subjects that pay taxes, as they are obliged to make good all

deficiencies. That when they shall hear the witnesses they will find

that this evil practice was the original cause of this murder, and then

he did not doubt but they would find the prisoners guilty.

Mr. Sergeant Wynn, after speaking of the nature of the crime, and that

it was one of the consequential evils that attended smuggling, observed

that most of the daring robberies that had been lately committed,

were by these sort of men, who thought, or at least acted, as if they

thought themselves above all law. That when they had called their

witnesses, he did not doubt but they would give the jury such evidence

as would induce them to believe the prisoners guilty, and consequently

find them so.

Henry Murril deposed that some time in January last was twelvemonth,

he was informed that some persons were at his house, enquiring after

some tea they had lost, but could not tell who they were; that he went

to young Cockrel’s, who keeps a public-house at Yapton; where he saw

Jerry Curtis and two others, drinking. Curtis was very angry; said some

rogues had stolen two bags of tea from him, and d--n him, he would find

it out, and severely punish those concerned therein; for d--n him,

he had whipt many a rogue, and washed his hands in their blood; that

Curtis had offered this deponent five guineas to get the tea again, or

find out who had got it; and then said that if money could not get it,

he would come sword in hand, and find it out and take it away.

Being asked by the court if the prisoner Mills was one of them that

were with Curtis, said he could not tell.

Henry Titcomb deposed that one day in January last was twelvemonth,

Curtis and Mills came to Mr. Boniface’s barn, where he, the prisoner,

and Richard Hawkins (the deceased) were at work; that Curtis called

Hawkins out to speak with him; that he did not hear what passed between

them, but that Hawkins went away with them; that a little while after,

the same afternoon, he saw Hawkins riding behind Mills from Walberton

towards Slindon, and never saw Hawkins the deceased afterwards.

John Saxby deposed that he was a servant to Cockrel the elder, of

Walberton; that the day Hawkins (the deceased) was missing, Curtis,

Mills, and Hawkins came to his master’s house and drank together; that

at going away, Mills bid Hawkins get up behind him, which he at first

refused, saying he would not, without making a sure bargain; that they

bid him get up for they would satisfy him, which Hawkins did; and this

deponent never saw the deceased afterwards.

Thomas Winter, alias the Coachman, an accomplice, deposed that one

day the latter end of January was twelvemonth, he, with Jerry Curtis,

alias Pollard, were at the prisoner Reynolds’s house, who kept the Dog

and Partridge on Slindon Common; that Curtis presently went away from

him, and promised to come to him again very soon, for he was to pay

this witness some money he owed him; that this deponent stayed at the

Dog and Partridge the rest of the day; that towards evening Richard

Rowland, alias Robb, came to the house, asked for his master Curtis,

and stayed with this deponent till night, when the prisoners Mills and

Curtis came; that Curtis called for Robb, and said, “Robb, we have got

a prisoner here”; then Hawkins got down from behind Mills, and all went

in together, to a parlour in the prisoner Reynolds’s house; that they

all, viz., Hawkins (the deceased), Curtis, Mills, Rowland, otherwise

Robb, and this deponent, sat down together; that then they began to

examine Hawkins about the two bags of tea, which he denied, saying he

knew nothing of the matter; that Curtis said, “D--n you, you do know,

and if you do not confess I shall whip you till you do, for, d--n you,

I have whipped many a rogue, and washed my hands in his blood;” that

the prisoner Reynolds came in when they were urging the deceased to

confess, and said to the deceased, “Dick, you had better confess, it

will be better for you”; his answer was, “I know nothing of it.” After

Reynolds was gone, Mills and Robb were angry with the deceased; that

Robb struck him in the face and made his nose bleed, and threatened

to whip him to death; that Mills showed he was pleased with what Robb

had done, and again threatened the deceased, who said, “If you whip

me to death, I know nothing of it”; that then Mills and Robb made the

deceased strip to his shirt, then they began to whip him over the face,

arms and body, till they were out of breath, he all the while crying

out that he was innocent, and begged them, for God’s sake, and Christ’s

sake, to spare his life for the sake of his wife and child; that when

they were out of breath, they pulled off their clothes to their shirts,

and whipped him again till he fell down; when he was down they whipped

him over the legs and belly, and upon the deceased kicking up his legs

to save his belly, they saw his private parts; then they took aim

thereat, and whipped him so that he roared out most grievously; that

then they kicked him over the private parts and belly; they in the

intervals asking after the tea; the deceased mentioned his father and

brother, meaning the two Cockrels; that upon this Curtis and Mills took

their horses, and said they would go and fetch them, and rode away,

leaving the deceased with Robb and this deponent. That after they were

gone, he and Robb placed the deceased in a chair by the fire, where he

died.

[Illustration: _John Mills_ alias _Smoker, & Rich^d. Rowland_

alias _Robb, Whipping Rich^d. Hawkins, to Death, at y^e Dog &

Partridge on Slindon Common, & Jeremiah Curtis, & Tho^s. Winter_

alias _Coachman, Standing by Aiding & abetting y^e Murder of the said

Rich^d. Hawkins_.]

Being asked by the court if the deceased was in good health when he

came to the prisoner Reynolds’s house, and if he believed he died of

the ill-usage he there met with, his answer was, “He was in good health

when he came there, and was a stout man, and I am sure he died of the

kicks and bruises he received from Mills and Robb.”

He further deposed that when they found he was dead Robb locked the

door, put the key in his pocket, then they took their horses and rode

towards Walberton to meet Curtis and Mills; that in the lane leading to

Walberton he met them, with each a man behind him; that he desiring to

speak with them, the men behind them got off and stood at a distance.

That this deponent asked Curtis what they were going to do with these

two men, who answered, “To confront them with Hawkins.” Then the

deponent told him he was dead, and desired that no more mischief might

be done, when Curtis replied, “By God, we will go through with it

now.” That this deponent begged that the two men might be sent home,

for there had been mischief enough done already; that then Curtis

bid the two men go home, and said when they wanted them they would

fetch them. That they rode all together to the prisoner Reynolds’s

house, when Reynolds said to Curtis, “You have ruined me,” and Curtis

replied he would make him amends. That then they consulted what to do

with the body, when it was proposed to throw him into the well in Mr.

Kemp’s park, and give out that they had carried him to France; that the

prisoner Reynolds objected to it, as that was too near, and would soon

be found. That they laid him on a horse and carried him to Parham Park,

about twelve miles from Slindon Common, where they tied large stones to

him in order to sink the body, and threw him into a pond belonging to

Sir Cecil Bishop.

John Cockrel the younger deposed that the 28th day of January last was

twelvemonth, about ten o’clock at night the prisoner Mills came to his

house, called for some ale, ordered his horse into the stable; that

while he was in the stable Curtis came in, and demanded two bags of

tea, which he said his brother-in-law had confessed he had got; that

this deponent denied his having them, upon which Curtis beat him with

an oak stick till he was tired; that after this they took him with them

to his father’s at Walberton, where they took his father and him with

them, to carry them to Slindon, on Mills’s and Curtis’s horses, one

behind each, and about a mile before they came to Slindon, they met

two men on horseback, who called to them, and said they wanted to talk

with them; that then they were ordered to get off from behind Curtis

and Mills; that after the two men had talked with Curtis and Mills some

time, Curtis bid them go home, and when they wanted them they would

fetch them.

John Cockrel the elder, being sworn, confirmed the evidence as to being

carried away, and afterwards let go.

Being asked by the court how long after his son-in-law (the deceased)

was missing it was before he heard his body was found, said that in

the April following he was sent for to Sir Cecil Bishop’s; that there

he saw the deceased Richard Hawkins mangled in a most terrible manner,

having a hole in his skull; that he knew him by the finger next the

little finger of his right hand being bent down to his hand.

Matthew Smith deposed that one night in January last was twelvemonth,

he was at the prisoner Reynolds’s house, the Dog and Partridge, on

Slindon Common, and saw Curtis and Mills ride up to the door (Mills

with a man behind him), and Curtis called out to Robb, and said, “We

have got a prisoner”; and that then they all went in together into the

back parlour.

Richard Seagrave, another witness, deposed that he lived at Sir Cecil

Bishop’s in Parham Park, and saw the body of a man taken out of a pond

there, very much mangled and bruised; and was likewise present when

John Cockrel the elder came there and said he knew the body to be that

of his son-in-law, Richard Hawkins.

Jacob Pring, another witness, deposed that being at Bristol, he there

fell in company with the prisoner Mills; that they came together from

thence to his house at Beckenham in Kent; that on the road he asked him

whether he knew of the murder of Richard Hawkins of Yapton; that he

told him “Yes,” and related to him the particular manner in which it

was done, as follows: that in the beginning of January was twelvemonth,

they had two bags of tea stolen from the place where they had concealed

some stuff, and suspecting Hawkins and the Cockrels to have it, he

and Jerry Curtis went and fetched Hawkins from a barn where he was at

work, and carried him to Reynolds’s, on Slindon Common, where Robb

and Winter, commonly called the Coachman, were before them; that he

and Robb whipped Hawkins with their horse-whips till he owned that

the Cockrels had their tea; that then he and Curtis went and fetched

the Cockrels, and as they were bringing them behind them on the road,

Robb and Winter met them and told them that the man was dead whom they

had whipped; that they then sent the Cockrels home and went and took

Hawkins’ dead body and carried it to Parham Park and threw it into Sir

Cecil Bishop’s pond.

Here the counsel for the King rested it.

The prisoner being called upon to make his defence, denied the murder,

and said he left the deceased Richard Hawkins alive and well with Robb

and Winter, when he and Curtis went to fetch the Cockrels, and how

Hawkins came by his death he could not tell. This was Mills’s defence.

The counsel for the prisoner Reynolds objected to the indictment, and

said, though it might be extremely right with regard to the prisoner

Mills, yet it was not so with regard to the prisoner Reynolds; for as

Reynolds was indicted as a principal in the second degree, he should be

concluded in the judgment as all principals are in murder. The court

said this was a matter that might be offered in arrest of judgment, but

not at that time.

The counsel, in his defence, said the prisoner Reynolds was no ways

privy to or concerned in the said murder; that the persons who brought

Hawkins to his house were in a room by themselves, and what they did

there was without the privity or knowledge of the prisoner Reynolds,

and that they should call witnesses to prove the same.

William Bullmar was called, who deposed that one day in January last

was twelvemonth, he was at the prisoner Reynolds’ house with William

Rowe in the kitchen; that he saw Curtis in the house, and heard there

were other people with him in the new back parlour; that himself was

there till twelve o’clock at night, and that the prisoner Reynolds was

with him during all that time, excepting when he went to draw beer for

his customers in the kitchen.

William Rowe deposed that he was at the prisoner Reynolds’s house at

the same time as the before-mentioned witness, that he saw Curtis and

Mills in the house, and heard there were other people with them in the

back room; that he stayed till twelve o’clock at night, during which

time the prisoner Reynolds was with him except when he was called to

draw drink for company.

The judge, after he had summed up all the evidence exactly in the

manner it had been sworn, observed to the jury, that with regard to the

prisoner Mills, the facts were proved extremely clear, as he had called

no witnesses to contradict the evidence for the King in any shape;

that with respect to the prisoner Reynolds it did not appear that he

was in the party that committed the murder, but that he was at home at

peace in his own house, when this transaction happened; if therefore,

they believed the witness called on his behalf, they must acquit him,

and the jury, without going out, found Mills Guilty, and acquitted

Reynolds.[13]

Mills’s behaviour was very unbecoming one under his circumstances;

but before we proceed to say anything more of this criminal, we will

give the particulars of his being apprehended. The 31st January last,

a proclamation was issued for the apprehending several notorious

smugglers that were concerned in the murder of Richard Hawkins, of

Yapton, naming this John Mills as one of them, promising his Majesty’s

pardon to anyone who should apprehend or give information of any

of the offenders, although such informer was an outlawed smuggler,

provided he was not concerned in any murder, or in breaking open his

Majesty’s warehouse at Poole. Now William Pring, who was a witness

against the said Mills and the two Kemps, knowing himself to be an

outlawed smuggler, yet not concerned in murder, nor in breaking open

the warehouse at Poole, resolves, if possible, to get his own pardon by

taking some of those offenders. To this purpose he applied to a great

man in power, informing him that he knew Mills, and that if he could

be assured of his own pardon, he would endeavour to take him, for he

was pretty certain to find him either at Bristol or Bath, where he knew

he was gone to sell some run goods. Being assured of his pardon he set

out accordingly, and at Bristol unexpectedly found the two Kemps with

him, whom he likewise knew as being notorious smugglers. They then

began to talk about their affairs. Mills was in a proclamation for two

murders, that of Chater and that of Hawkins. Thomas Kemp was advertised

for breaking out of Newgate, and Lawrence Kemp was outlawed by

proclamation, and both the Kemps were concerned in robbing one farmer

Havendon.

After talking over matters together, and observing that all their cases

were very desperate, Pring, as a friend, offered his advice, by which

he intended to inveigle them into the snare he had laid for them. He

said, since they were all alike in such desperate circumstances without

any hopes of mending their condition, he would have them go with him

towards London, and to his house at Beckenham in Kent, and then consult

together, to go and rob upon the highway, and break open houses in the

same manner as Gregory’s gang used to do. Upon which they all agreed

to come away together; and upon the road, amongst other talk, Mills

owned that he was one of those who committed the murder of Hawkins, and

both the Kemps confessed that they were concerned in robbing farmer

Havendon, in the manner it was proved upon their trials.

When they were all come to his house at Beckenham, Pring then pretended

that his horse being a very indifferent one, he would go to town and

fetch his mare, which was a very good one, and would come back again

with all convenient speed, and then they would set out together on

their intended expeditions; for as their horses were very good, and his

but a bad one, it might bring him into danger in case of a pursuit.

Upon which he set out, and they agreed to stay at his house till his

return; but instead of going to town, he rode away to Horsham, where he

applied to Mr. Rackster, an officer in the excise there; who together

with seven or eight more, all well armed, set out for Beckenham, in

order to take them, where they arrived in the dead of night, and found

Mills and the two Kemps just going to supper upon a fine breast of

veal, and secured them. They bound the arms of the two Kemps, but

Mills refusing to be bound in that manner, and being very refractory,

they were forced to cut him with one of their hangers, before he

would submit. They then brought them all three to the county gaol for

Surrey, where they found Robert Fuller and Jockey Brown in custody for

smuggling; and knowing that they had been guilty of many robberies on

the highway in Sussex, they applied to the government for a Habeas

Corpus, to carry them all five down to the assizes at East Grinstead,

where, though they were each tried only upon one indictment, yet there

was another indictment for murder, besides two for robbery against

Mills, another for a robbery against Fuller, and two other indictments

against the two Kemps, besides a number of other prosecutors, who were

ready at East Grinstead to lay indictments against them, if there had

been occasion.

John Mills, about 30 years of age, son of Richard Mills, of Trotton,

lately executed at Chichester, was bred up to the business of a

colt-breaker by his father. He said he had been a smuggler many years,

and blamed Jeremiah Curtis, alias Pollard, who stands indicted for

the same murder he was convicted of, and William Jackson, who was

condemned at Chichester for the murders of Galley and Chater, as being

the principal persons concerned in drawing him away from his honest

employment.

Young Mills acknowledged himself a very wicked liver; but complained

of the witnesses, that is, such of them as had been smugglers and

turned evidences, and said that they had acted contrary to the solemn

oaths and engagements they had made and sworn to among themselves, and

therefore wished they might all come to the same end, and be hanged

like him, and d--ned afterwards.

John Mills stood indicted for two murders, besides robberies, as is

before mentioned; but it is remarkable that he committed both murders

in twenty days; that of Hawkins, for which he was condemned, was

perpetrated on the 28th of January; and the other, that he was not

tried for, which was the murder of Daniel Chater, he committed the 17th

of the following month.

It having been said, as soon as Mills was convicted, that the design

of him and Curtis in fetching the two Cockrels, the father and

brother-in-law of Hawkins, to the Dog and Partridge, was to serve them

as they had done Hawkins; Mills being asked the question, at first

seemed very sulky; but at last said, he believed that if Winter and

Robb had not met them and told them that Hawkins was dead, they should

have basted the Cockrels well, when they had got them there; so that in

all probability their lives were preserved by Hawkins dying sooner than

his murderers expected.

Jeremiah Curtis, alias Pollard, is at Gravelines in France, and has

entered himself into the corps of the Irish brigades; but Richard

Rowland, alias Robb, he imagined for very good reasons, was not out of

the kingdom; and indeed he was seen and spoken to on East Grinstead

Common, which is near that town, the latter end of the month of January

last.

Being asked if he was upon Hind Heath on Saturday, the 14th of January

last, when the judges were going over it to hold the assizes at

Chichester on the special commission, to try his father and brother,

and the rest of the smugglers then in custody, for the murders of

William Galley and Daniel Chater; he said he was, and two others were

with him, but would not tell their names; that they had no manner of

design against the judges, or any body with them, neither did he or

his companions know or think of the judges coming at that time, for

they were upon other business; and that he and his said two companions

committed three robberies that afternoon and evening, the nearest being

upwards of twelve miles from Hind Heath; but he refused to name any

particulars, declaring he thought he merited d--nation if he was to

discover any thing, by means of which any of his companions might be

apprehended and convicted.

Smuggling & Smugglers in Sussex The Genuine History of the Inhuman and Unparalleled Murders of Mr. William Galley a Custom-house Officer, and Mr. Daniel Chater, a Shoemaker, by Fourteen Notorious Smugglers, with the Trials and Execution of Seven of the Criminals at Chichester, 1748-9 · 第 10 / 18 段