he had done before, during the small time he lay under condemnation,
and prayed very devoutly; as he did indeed all the way from the gaol to
the place of execution, to which he was conveyed under a strong guard
of soldiers. He owned the fact of the murder of Richard Hawkins for
which he suffered; but said when he went away with Curtis to fetch the
two Cockrels, he did not think the man was so near his death.
He likewise acknowledged being present at the consultation at
Scardefield’s, when it was agreed to murder Daniel Chater, the
shoemaker, who was at that time confined in his father’s skilling
or turf-house; and also that he was concerned with the two Kemps in
going with crape over their faces, and robbing farmer Havendon, of
Heathfield, in the county of Sussex.
He was pressed hard to make an ingenuous confession of all the crimes
he had been guilty of, but he refused; and said he would inform them
how far he was concerned in anything that was known to the world
already, but nothing else.
Being then asked if he was with the gang when the King’s custom-house
at Poole in Dorsetshire was broken open, he said he was, for it was too
well known to deny it.
Just before he was turned off, he declared he was sorry for his
ill-spent life, and desired all young people to take warning by his
untimely end; and said that Richard Rowland, alias Robb, was only a
servant to Curtis, and was ordered by Curtis to assist him in whipping
poor Hawkins; for the cruelties of which and the murder of Chater, and
all other wicked actions of his life, he hoped God would forgive him;
declaring he died in peace with all mankind, and therefore hoped for
forgiveness.
* * * * *
We will next proceed and give the trials in a concise manner, of Jockey
Brown, the two Kemps, Fuller and Savage, all smugglers, and tried at
the same assizes at East Grinstead, in Sussex, and then proceed and
give an account of their wicked lives and conversation. And first we
shall proceed on the trial of Jockey Brown.
John Brown, otherwise Jockey Brown, was indicted for assaulting and
putting in fear John Walter, near Bersted, and robbing him of twelve
guineas in gold and twelve pounds in silver, on the 12th of October,
1748.
John Walter deposed that riding along the road near Bersted, above
seven o’clock at night, the 12th of October, he was stopped by four
men; two of them laid hold of the horse’s bridle, and demanded his
money, which he not delivering, the other two pulled him off his horse,
one of them drew out a pistol, and the other aimed to strike at his
head with a hanger, which he guarded with his stick; in the meanwhile
one of the other two took a canvas bag with the money in it out of his
pocket, and afterwards cut his horse’s bridle, and then they all rode
off.
Thomas Dixon,[15] otherwise Shoemaker Tom, deposed that himself,
the prisoner and two others, attacked the prosecutor in the road to
Bersted, on the 12th of October, pulled him off his horse, and took
from him a canvas bag, with upwards of twenty pounds of gold and silver
in it. They afterwards rode about fourteen miles farther to a public
house, where they shifted, meaning shared, the money among them all
four.
Thomas Wickens deposed, that the night the prosecutor, Mr. Walter,
was robbed, the last witness Dixon, the prisoner at the bar, and two
others, came to his house about ten o’clock at night; that they called
for a private room, where they stayed drinking till twelve o’clock
at night; that they had often been at his house, sometimes two, and
sometimes three of them together, but at this time they were all
together.
Sarah Wickens, wife of the last witness, deposed that the night Mr.
Walter was robbed, the prisoner at the bar, Thomas Dixon and two
others, came to their house at ten o’clock at night; that they called
for a pen and ink, and a private room; that she waited upon them, and
saw them telling out money in four parcels: that there was a great deal
of silver and some gold, but could not tell what was the quantity.
The prisoner in his defence, said that the witness Dixon was a drunken,
idle, good-for-nothing fellow, and deserved no credit to be given to
what he should swear. But as he could call no witness to disprove
the facts or justify his character, and Dixon’s evidence being very
circumstantially corroborated by Mr. and Mrs. Wickens, the jury found
him Guilty. Death.
Lawrence Kemp and Thomas Kemp were indicted for forcibly entering the
dwelling-house of Richard Havendon, of Heathfield, disguised, and armed
with firearms and cutlasses, putting him in fear of his life, and
taking from his person eleven shillings and sixpence, and afterwards,
with violence, seizing and carrying away from his dwelling-house,
thirty-five pounds in money, two silver spoons, three gold rings, a
two-handled silver cup, and a silver watch in a tortoiseshell case, the
2nd of November, 1748.
Richard Havendon deposed that the 2nd November last, about seven at
night, he heard somebody whistle at his door, and going out to see who
was there, four men with crapes over their faces seized him, put a
pistol to his breast, and said they wanted money; upon which he gave
them eleven shillings and sixpence out of his pocket; but they said
that would not do, and took him with them into the house; when they
came in they called for candles, and one of them holding a pistol to
his breast, stayed with him below stairs, while the rest went up, where
they stayed a considerable time, and then came down stairs with what
they had got; they then took him with them to the place where they
had put their horses, and swore they would carry him away with them,
unless he would tell them where the rest of his money was, for they
were sure he had more than what they had got; but when they were got
upon their horses, they bid him good night, and went away and left
him. When he came back to his own house again, he found they had broke
open two doors, two trunks and a box, and taken away the money and
things mentioned in the indictment. Asked what he was doing when they
whistled at his door, said he was churning.
Francis Doe, an accomplice in the said robbery, being sworn, deposed
that he, John Mills, alias Smoker (who was convicted for the murder of
Hawkins), and the two prisoners at the bar, agreed to go and rob the
prosecutor’s house. That on the 2nd of November they all four, with
their faces covered with crape, came to his house, and whistled at the
door; that when the prosecutor came out, they seized him and demanded
his money; that the prosecutor gave them eleven shillings and sixpence
out of his pocket; that they then went into the house, and Lawrence
Kemp, one of the prisoners, stood sentry over the prosecutor, whilst
he, this witness, with Mills and Thomas Kemp, the other prisoners,
went upstairs, forced open two doors, two trunks and a box, and took
thereout several pieces of gold and silver, to the amount of five or
six and thirty pounds, together with some rings, spoons and a watch.
That when they came downstairs, they took the prosecutor with them to
where their horses stood, and threatened they would carry him away with
them unless he would discover where the rest of his money was, for they
were sure he had more in the house. That upon his declaring he had no
more, they let him go home, mounted their horses, and rode away. Upon
shifting, that is, sharing the money, he had eight or nine pounds for
his share. That Lawrence Kemp, one of the prisoners at the bar, was to
sell the watch, rings, &c., and to divide the money between them, but
he never did as he knew.
Jacob Pring deposed that he went down to Bristol to meet with and bring
up John Mills, otherwise Smoker. That when he was there he met with the
two prisoners at the bar, who agreed to come up with them. That on the
road, talking together of their exploits, the two prisoners owned to
him their robbing the farmer at Heathfield. That they said the old man
was churning when they came to his house. That they craped their faces
over, and took out of the house five or six and thirty pounds, besides
a watch, rings, spoons, and a silver cup.
Being asked how they came to confess a robbery to him which must affect
their lives, he said that he, the two Kemps, and Mills, alias Smoker,
had agreed to go robbing on the highway, and to break open houses;
that the prisoners bragged of this amongst other robberies they had
committed.
Being asked by the court whether he had repented of the agreement he
had so made, he said that he had no such intention, but that it was
only a feint, and that he went down to Bristol on purpose to bring up
Mills that he might be apprehended. That there meeting with the Kemps
also, and hearing of this robbery at Heathfield, he resolved to do all
in his power to allure them to his house, in order to get them and
Mills apprehended.
The prisoners being called upon to make their defence, both said they
knew nothing of the robbery; and the prisoner Thomas Kemp said that
they never made any such confession to the evidence, Pring; that he,
together with John Mills, alias Smoker, Francis Doe and Jockey Brown,
were all the persons who robbed the farmer at Heathfield.
Being asked whether they had any witness to prove what they had
asserted, or where they were when the robbery was committed, they
said they had no witnesses, for that they had no “steady,” meaning no
certain place of abode, for two years past; upon which the jury found
them both Guilty. Death.
Robert Fuller was indicted for assaulting William Wittenden in an open
field, near the King’s highway, putting him in fear of his life, and
taking from the said William Wittenden seven shillings and sevenpence
halfpenny, the 14th of November.
William Wittenden deposed that coming across a field near Worth, the
prisoner at the bar, who was on horseback, stopped him and enquired
the way to Worth; that this witness directed him; then the prisoner
asked if he had any money; he answered, “No.” The prisoner replied,
“D--n you, you have, and I will have it,” and then pulled out a pistol
and put it to his breast; that then this witness pulled out a little
bag, in which was seven shillings and sixpence in silver, and three
halfpence, which the prisoner snatched from him, and then rode away.
Being asked by the court if he was sure the prisoner was the man that
robbed him, answered he was very sure, and that he saw him ride by him
the next day, in company with another man.
The prisoner in his defence said that the prosecutor declared, when he
came to see him in the prison, that he did not know him; and to prove
this called William Cooper, who, being sworn, deposed that the day
before, the prisoner at the bar, with two other prisoners, were put
into a room; that the prosecutor came in and said he knew nobody there.
The prosecutor being asked how many prisoners he saw in that room, said
he saw but two, and that afterwards he went into another room, where
all the prisoners were, and did not see anybody there that he knew,
but, turning on his right hand, he saw the prisoner standing behind
him, and he said, “That is the man that robbed me.”
Mr. Rackster deposed that he was in the room the first time the
prosecutor saw the prisoners; that there were indeed three prisoners in
the room, but that the prosecutor saw but two, which stood before him,
for the prisoner at the bar stood behind him, which was the reason that
he did not see him then.
The prisoner being asked if he had any witnesses to his innocence or
character, answered that he had none; upon which the jury found him
Guilty. Death.
Richard Savage was indicted for stealing out of the Lewes waggon
twenty-two yards three-quarters of scarlet cloth, twenty-six yards of
blue cloth, the property of Thomas Friend, of Lewes, and a box, in
which were contained two silk gowns and two guineas, the property of a
person unknown, on April 5th, 1748.
Mr. Friend deposed that he knew his servant put up the cloth, and
ordered it to be carried to the waggon.
William Brown, servant to Mr. Friend, deposed that he delivered the
cloth to the carrier’s man.
Matthew Comber, the carrier’s man, said he received the cloth from the
last witness. That on the 5th of April last he was set to watch the
waggon all night at Chailey; that two men came up to him about ten
o’clock at night, enquiring what waggon it was; on his telling them,
they took him away about two hundred yards from the waggon, where one
of them kept him prisoner with a pistol at his breast; that then came
up seven more men, who got off their horses, and left them at some
distance from the waggon, with one man to take care of them. That the
rest of the men went up to the waggon, and cut the cords, threw off
some woolpacks, and then threw some boxes and other goods out of the
waggon; that they broke open the boxes, took out the goods, loaded
their horses, and went away.
Thomas Winter, otherwise the Coachman, an accomplice, deposed that on
the 5th of April, he and Shoemaker Tom, with the prisoner at the bar
and several others, met at Deval’s house at Bird’s Hole, and agreed to
go out and rob a waggon that was loaded with wrecked goods; that about
ten o’clock at night they came all together upon Chailey Common, where
they took the carrier’s man prisoner, and one of them kept him so,
while the rest went and rifled the waggon. That they broke open several
boxes and parcels, and took away a large parcel of scarlet cloth, and
another large parcel of blue cloth, and a box with two silk gowns and
two guineas in it, with other goods. That after they had loaded their
horses they rode away to Bird’s Hole, near Devil’s Ditch, where they
shared the goods; that the prisoner at the bar was with them in the
robbery, and had a share of the goods.
Thomas Dixon, otherwise Shoemaker Tom, another accomplice, deposed that
he and Winter, and several others, met together at Deval’s house, at
Bird’s Hole, and agreed to go and rob the waggon, as mentioned by the
last evidence; that there they laid hold of the carrier’s man, took him
some distance from the waggon, and set one of their number as a guard
over him; that they then plundered the waggon, and took the cloth and
other things mentioned in the indictment; that having loaded their
horses, they made the best of their way to Bird’s Hole, and in a ditch
near that place they divided the spoil.
Being asked by the court if the prisoner at the bar was with them at
the time of their committing the robbery, said he believed he was, but
was not sure; but that he was very sure that he was present at the time
of sharing the goods, and that he had his share in the dividend; and
that this witness sold his share to the last evidence, Thomas Winter.
The prisoner in his defence denied being any ways concerned in the
robbery; but had no witnesses to call to contradict the facts as sworn
by the witnesses for the prosecution. The jury brought him in Guilty of
single felony. Transportation.
Mr. Friend, the prosecutor of Savage, laid the indictment for single
felony, because he did not care to take life away; but the trial had
not been over an hour, before he was informed by Winter and Shoemaker
Tom that Savage had been concerned with them in many things, and that
when Savage lived as a servant to Mr. Friend’s brother, to look after
and manage a farm for him, that was fallen upon his hands by a tenant
leaving it, that Savage used to entertain them all, which was a gang of
about twelve or thirteen, where they used to come with their goods, and
he found the horses in hay and corn, and them with victuals and drink;
and they gave him tea and brandy for it, which he sold for his own use.
He received sentence of transportation, but is ordered to be stopped in
order to be tried next assizes for another fact.
* * * * *
Having now given an account of the trials of all the seven smugglers
at East Grinstead, six of whom were executed for the several crimes of
which they stood convicted, we shall now proceed to give an account of
their behaviour and last dying words.
John Brown, alias Jockey Brown, about 33 years of age, was born of
honest parents in the county of Sussex, who gave him a tolerable
education, but he had followed smuggling for many years, and being
apprehensive of being taken up for that crime, he absconded from his
home and lurked about; and being acquainted with Winter, commonly
called the Coachman, Shoemaker Tom, who was evidence against him at his
trial, Fuller, and the two Kemps, his fellow sufferers, and many more
smugglers, many of whom were outlawed, they all agreed to rob on the
highway, and break open houses, in order to support themselves, being
afraid to go a-smuggling; but they did that sometimes, when they could
get anybody that they could trust to take the goods. He refused to make
a general confession, but did not deny being concerned in robbing Mr.
Walter on the highway near Bersted, for which he suffered.
He exclaimed against Mr. Wickens and his wife, who gave evidence
against him at his trial, and said that he had never done them any harm.
He was taken up at first on suspicion of being a smuggler with Richard
Mills, who was executed at Chichester, Richard Perrin, alias Payne,
Thomas Kingsmill, alias the Staymaker, and William Fairall, alias
the Shepherd, the three last now under condemnation in Newgate, for
breaking open his Majesty’s warehouse at Poole; and being carried
before Justice Hammond, in the Borough of Southwark, he committed them
all five to the county gaol for Surrey, from whence he was removed by a
Habeas Corpus to East Grinstead to take his trial.
He was not so very penitent as a person should be under his unhappy
circumstances, but he frequently prayed to God to forgive him, and
lamented most for the disgrace he had brought upon his family.
Lawrence Kemp and Thomas Kemp, two brothers, whose trials have been
before related, refused to give an account of themselves, only that
they were born near Hawkhurst, in Kent, and that they had been
smugglers for many years and had committed many robberies, but said
they never were concerned in any murder.
Thomas Kemp being asked if he was guilty of the indictment he was tried
upon at the Old Bailey before he broke out of Newgate, he at first did
not care to answer the question, but at last said he was.
They married two daughters of a farmer near Nettlebed, in Oxfordshire;
but as the father of the unhappy young women lives in good reputation,
and the women themselves having the character of very virtuous persons,
we think it improper to mention any particulars concerning them, their
own misfortunes being sufficient trouble to them.
As to Thomas Kemp, he broke out of Newgate soon after he was tried and
acquitted at the Old Bailey, being charged with a large debt due to the
crown; the circumstances attending his escape being somewhat more than
common, we shall here insert them.
Thomas Potter and three other smugglers came into the press-yard of
Newgate to see Thomas Kemp and William Grey, who was also one of the
Hawkhurst gang, when they agreed at all hazards to assist in getting
them out; and accordingly the time was fixed (Kemp having no irons,
and Grey had his so managed as to let them fall off when he pleased),
and Potter and the other three came to the press-yard door, and rung
the bell for the turnkey to come and let them in; when he came and had
unlocked the door, Potter immediately knocked him down with a horse
pistol, and cut him terribly, when Kemp and Grey made their escape, and
Potter and his companions got clear off without being discovered.
There were three other prisoners got out with them, but were taken
directly, having irons on.
They were both very obstinate men, and could not be brought to think
that smuggling was a crime, and when asked if they did not think
robbing farmer Havendon, for which they were convicted, was a crime,
they said they did, and begged pardon of him for it, but that if they
had not been obliged to hide themselves from their home, for fear
of being apprehended as smugglers, they should never have committed
robberies.
Thomas Fuller, about thirty years of age, born in Kent, at first denied
the robbery for which he was to suffer, and often said it was very hard
to take away the life of a man on the single testimony of one person,
who was to receive a reward for so doing; but the day before his
execution he was brought to a confession of the fact, and acknowledged
he did commit it in the manner it was sworn at his trial.
His wife attended him at his trial, and during his condemnation, for
whose misfortunes he often declared himself sorry, and said he did not
value death, but that he left her to the reproaches of a censorious
world; but begged for God’s sake, that nobody would reflect on her
or any of her family, for none of them were ever privy to his wicked
actions.
He acknowledged he had been a smuggler many years, and was as deeply
concerned as most of them; but that he was not concerned in breaking
open the King’s warehouse at Poole, nor in the murders of Galley and
Chater; but confessed he had been a very wicked sinner.
On Saturday, the 1st day of April last, they were all taken out of
Horsham gaol and carried to the gallows, where they all seemed much
more composed and devout than they had been before. None of them made
any confessions, only desired all the spectators to take warning by
their untimely end, particularly all young people.
After they had said their prayers some time, they were all tied up to
the gallows and turned out of a cart, crying to the Lord to receive
their souls.
* * * * *
We shall now give our readers, as we promised, an account of those
four notorious smugglers, tried also at the assizes at Rochester, for
the county of Kent, for divers robberies, and who were executed on
Pickenden Heath, near Maidstone; whose method of robbing was going in
the evening, disguised, and getting into houses, then binding all the
family and robbing the same.
Stephen Diprose and James Bartlett were indicted, together with John
Crumpton, not yet taken, for forcibly entering the dwelling-house of
John Rich, of Linton, in the county of Kent, on the 31st of October
last, putting him in fear of his life, and feloniously taking away
£170_l._ in money, one small box and three gold rings.
The prosecutor deposed that about six o’clock in the evening on the
31st of October, somebody knocked at the door, and on his servant going
to see who it was, four men rushed in, all disguised, with pistols and
cutlasses in their hands. When they came in they demanded money, and
asked him where his money was, upon which he desired they would be
easy, and he would give them what he had. But they put one over him,
and two of them went and rifled the house; and when they were gone he
missed the money, &c., mentioned in the indictment.
Thomas Rogers, an accomplice in the fact, was next called, who deposed
that he, the prisoners Stephen Diprose and James Bartlett, and John
Crumpton, not yet taken, agreed to go and get some money upon the
31st October, and accordingly came to a resolution to go and rob Mr.
Rich, of Linton. Accordingly they all set out, and when they came to
Mr. Rich’s door, Diprose knocked, and the door was soon opened, on
which they all rushed in with firearms and cutlasses in their hands,
and seized Mr. Rich and all his family, most of whom they bound, but
who they were in particular he could not tell; that those who were not
bound had one to stand guard over them, and two of the gang, Crumpton
and James Bartlett, rifled the house; and that he believed they took
away all the things mentioned in the indictment.
Being asked what he meant by saying he believed they took away all the
things mentioned in the indictment, said that they did not give him nor
Diprose a share of anything more than two gold rings and about seventy
pounds in money; but that since that time he had heard by Crumpton that
they took more money and goods at Mr. Rich’s of Linton, which he and
Bartlett had concealed.
Being asked if he was sure the prisoners at the bar were with him at
the commencement of the fact, he said that they all agreed to go to
Linton on purpose to rob Mr. Rich, imagining he had got a great deal of
cash by him in his house.