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.