Several of Mr. Rich’s servants were then produced, who deposed to the

like effect of the thieves coming to their master’s house, and acting

in the manner as was before related by the evidence Rogers; and some of

them deposed further that the prisoners and Rogers were, they believed,

three of the four men by their size and voices, that robbed Mr. Rich’s

house, and bound most of his family. Here the proof for the prosecutor

was ended.

The prisoners being called on to make their defence, had little or

nothing to say, only denied the fact, and said that Thomas Rogers was

a very wicked fellow, and that they knew nothing of him; and supposed

he swore this to get himself at liberty, and for the sake of the reward

that was to be paid on their conviction; but having no witnesses to

prove the contrary of what Rogers had sworn, and nobody appearing to

give them the character of honest men; and it likewise appearing by the

testimony of credible witnesses, that they and Rogers and Crumpton,

who stand indicted for the same, were all acquaintance, and frequently

together, and reputed all smugglers, the jury, without going out of

court, brought them both in Guilty. Death.

William Priggs and James Bartlett (the same Bartlett convicted

on the last indictment), were indicted for forcibly entering the

dwelling-house of John Wright, of Snave, in the county of Kent, and

taking from thence two bags of money containing 31_l._ 7s. 6d.

This fact was proved upon the prisoners by the prosecutor and his

servants, and Rogers an accomplice; the prosecutor deposing he knew the

prisoners again, and was sure they were the men that robbed him of the

two bags of money mentioned in the indictment; he further deposed that

when they came into his house they had all pistols and cutlasses in

their hands, and swore they came for money, and “D--n them,” money they

would have; that they bound him and his family, and one stood sentry

with a pistol cocked in his hand, while the others went upstairs and

took the money: that it was Priggs that stood sentry, while Bartlett

and Rogers went and took the money.

The prosecutor further deposed, that when they had got the two bags

which contained 31_l._ 7s. 6d., they swore they would blow his

brains out if he did not tell them where the rest of his money was, for

they were sure that was not all; that they would destroy the family if

they did not confess where there was more money; but upon his declaring

he had no more in the house, and they making him swear it, they went

away and, on going, said if they stirred for two hours, or attempted to

call out, they would murder them, and to that end should stay just by

to watch.

Thomas Rogers, the same witness as was against Bartlett and Diprose on

the last indictment, deposed that he and the two prisoners went and

committed the robbery at Mr. Wright’s house, at Snave, and bound Mr.

Wright and his family, and took the two bags of money mentioned in the

indictment; that they had crapes with them to put over their faces, but

did not put them on at the committing this robbery.

Several other witnesses were produced, who confirmed what had been

sworn by the prosecutor and Rogers the accomplice; and the prisoners

having nothing to say or prove in contradiction to the evidence that

had been given for the crown, only in general said they were innocent

of the crime laid to their charge, the jury brought them both in

Guilty. Death.

Thomas Potter was tried for stealing a horse; but as he so solemnly

declared, and took the Sacrament just before his execution, that he

knew nothing of the robbery, we shall omit the evidence, or the names

of those concerned in the prosecution. The fact was sworn positively

upon him, and he, not being able to prove the contrary, was found

Guilty. Death.

While these men were under sentence of death, they were visited

frequently by a reverend divine of the town of Maidstone, who

endeavoured to bring them to a true and thorough repentance of all

their past wicked lives and actions, being well assured that they had

been smugglers many years, and that they had belonged to a gang, who

committed many robberies, such as robbing houses in the same manner

as the indictment had charged Diprose, Bartlett and Priggs; and also

with having committed many robberies on the highway, besides other vile

outrages, as well as smuggling.

They all behaved indifferently well under their unhappy circumstances,

much better than those who had been smugglers generally did, and

frequently prayed to God with great fervency, and were seemingly very

sorry for their past misspent lives.

Thomas Potter, born at Hawkhurst, in Kent, twenty-eight years of age,

declared he had been a very wicked sinner, and that he had been guilty

of all manner of crimes except murder; which he declared he never was;

though he confessed he did design to murder the turnkey of Newgate,

when he went to get Grey and Kemp out of gaol; but that he was glad it

happened no worse than it did, and that he often prayed the man might

recover of the wounds he gave him; and that when he heard he was well

again, he said it gave him great satisfaction.

He absolutely denied the fact for which he suffered, but acknowledged

that he had committed crimes sufficient to have hanged him for many

years past.

He refused to make any particular confession, but acknowledged that

he had been a smuggler many years; and that he was well acquainted

with the Kemps, Brown and Fuller: also with the Mills’s, as likewise

with Winter the Coachman, and Shoemaker Tom, who were both admitted

evidences against their companions at Horsham.

William Priggs was born at Seling, in the county of Kent, of very

honest parents, who gave him a good education in a common way, was

about thirty years of age, and had been a smuggler some years last past.

He acknowledged committing the fact for which he died, as was sworn

against him on his trial, and begged pardon of the prosecutor for the

great injury he had done him; as also of others he had in any ways

injured in his life.

He solemnly declared that it was the evil gang he kept company with

that persuaded him to commit the fact he died for, and said he never

had been guilty of many robberies, though he had been a smuggler many

years.

The day before his execution he declared himself truly penitent for all

his wicked crimes he had been guilty of, and said he freely forgave his

prosecutor, as he hoped for forgiveness from God.

He was asked if he knew of the robbery of the Rev. Mr. Wentworth, of

Brenset, in the county of Kent, on the 19th day of December, when

he declared he did not; but that he had heard that one Butler was

concerned; and for anything more concerning that affair he did not know.

James Bartlett, aged forty-two years, was born of very honest parents

at Aknidge, in the county of Kent, who gave him as much education as

their circumstances would allow them.

He acknowledged the fact for which he died, but said as Priggs did,

that it was evil company that he had associated himself with that drew

him in to commit those wicked crimes.

He seemed very obstinate most of the time of his being under

condemnation, and would not acknowledge himself guilty of any other

robberies, but said he had been a smuggler many years, and did not see

any great crime in that.

He was particularly pressed to state if he was not concerned in any

murders, particularly that of Mr. Castle, the excise officer, who was

shot on Silhurst Common by a gang of smugglers, when he, with several

other officers, had seized some run goods; to which he would not give

a positive answer, so that there were some grounds to think he was

concerned.

He often said he had not the sin of murder to answer for; but one of

his unhappy companions, and a fellow-sufferer, said he evaded the

thing, by meaning that no person was ever murdered by his hands, but

that Bartlett had been concerned where murder had been committed.

Stephen Diprose, born of honest parents, at High Halden, in the county

of Kent, thirty-nine years of age, acknowledged himself guilty of the

crime for which he was to suffer, and said he had been a wicked liver

and a most notorious smuggler, having followed that employment for

a great number of years; and that he never entertained a thought of

smuggling being a crime till now, and that he was sincerely sorry for

all his past iniquities.

He, as well as Priggs and Bartlett, laid the blame upon evil company,

and said it was by the persuasion of some of his companions that

he ever went a-robbing; but just before he went out of the gaol to

execution he confessed it was pure necessity that obliged him to it, as

it was the case of the rest of his companions who were afraid of being

apprehended for smuggling; which if it so happened, they were all dead

men.

He said that he verily believed that the reason why so many notorious

villainies and murders had been committed by the smugglers was owing

to their not being safe in appearing publicly.

On Thursday, the 30th of March, they were conveyed from Maidstone gaol

to Pickenden Heath, the usual place of execution.

There were three more criminals executed with them, that were likewise

convicted at the same assizes at Rochester, viz.:--Samuel Eling, who

was born at Stanmore, in Middlesex, about thirty-five years of age, and

John Davis, born near Hertford Town, aged twenty-two, as companions,

for a robbery on the highway on Bexley Heath; and Richard Watson, born

in Yorkshire, who would not tell his age, but supposed between thirty

and forty, also for a robbery on the highway. These three criminals

behaved themselves penitently at the gallows, as indeed they had done

during the time of their lying under condemnation; and Eling and

Davis declared to the last moment they were both innocent, and that

they had never been guilty of any felonies or robberies; and forgave

their prosecutor, as they expected forgiveness; and declared they died

Protestants. Watson acknowledged his guilt; and said little more than

that he forgave all his enemies, and died in charity with all men.

At the place of execution they all behaved penitently. Potter declared

to the last moment he did not commit the robbery for which he died; and

said he freely forgave his prosecutors, as he hoped for forgiveness for

all his manifold sins, through his Redeemer Jesus Christ. Diprose said

that his greatest consolation was, he never committed murder, or had

been concerned at any time when murder had been committed. They none

added anything to their former confessions, and having done praying and

singing psalms, were turned off, crying to the Lord Jesus to receive

their souls.

Having now finished the accounts of those smugglers, except Kingsmill,

alias Staymaker, Fairall, alias Shepherd, Perrin, Glover and

Lilliwhite, who were tried at the Old Bailey, for breaking open the

King’s custom-house at Poole, we shall next proceed to give their

trials, and conclude this work with a particular account of their

lives, and the last dying words of Kingsmill, Fairall and Perrin, who

were executed at Tyburn, the first two named now hanging in chains in

Kent.

As to the life of Kingsmill, it will appear to be very remarkable; but

for that of Fairall the like was never heard before, he being, even as

he acknowledged himself, the most wicked smuggler living.

Thomas Kingsmill, alias Staymaker, William Fairall, alias Shepherd,

Richard Perrin, alias Pain, alias Carpenter, Thomas Lilliwhite, and

Richard Glover were indicted, and tried at the sessions-house in the

Old Bailey, on Friday, the 4th of April, 1749, for being concerned

with others, to the number of thirty persons, in breaking into the

King’s custom-house at Poole, and stealing out of thence thirty-seven

hundredweight of tea, value 500_l._ and upwards, on October 7th,

1747.

The prisoners being severally arraigned, and pleading not guilty,

the counsel for the King opened the nature of the indictment. Then

Mr. Bankes and Mr. Smythe, two of his Majesty’s counsel, spoke very

particularly to the whole affair, shewing the enormity of the crime as

being the most unheard-of act of villainy and impudence ever known, and

proceeded to call the witnesses in support of the charge.

Captain William Johnson called and sworn: I have a deputation from

the customs to seize prohibited goods. On the 22nd of September,

1747, I was stationed out of Stainham Bay, just by Poole. I was under

the north shore and examined a cutter I suspected to be a smuggler.

After quitting her I had a sight of the Three Brothers; I discovered

her to the eastward, and after discovering her she put before the

wind at N.N.W. I gave her chase with all the sail I could make; I

chased her from before five in the afternoon till about eleven at

night. After firing several shot at her, I brought her to. I went

myself on board, and found she was loaded with tea, brandy and rum.

The tea was in canvas, and oilskin bags over that, the usual packing

for tea intended to be run; there was a delivery of it, forty-one

hundredweight and three-quarters gross weight; there were thirty-nine

casks, slung with ropes, in order to load upon horses, as smuggling

brandy commonly is; there were seven persons in the cutter. I cannot

say any of the prisoners at the bar were there. I carried these goods

to the custom-house at Poole, and delivered them into the charge of the

Collector of Customs there; the tea was deposited in the upper part of

the warehouse; the brandy and rum were lodged in another part beneath.

William Milner, Esq., was next called and sworn: I am Collector of the

Customs at Poole. On the 22nd or 23rd of September, Captain Johnson

brought a vessel, whose name was given to me to be the Three Brothers.

She had burthen two ton of tea, thirty-nine casks of brandy and rum,

and a small bag of coffee. The tea was put in the upper part over the

custom-house all together, except one small bag, which was damaged,

which we put by the chimney. We made it secure; but it was taken away.

Q. Give us an account how it was taken away.

Milner. On the seventh of October, between two and three in the

morning, I had advice brought me by one of the officers, that the

custom-house was broken open; the staples were forced out of the

posts; about five or six feet farther there was another door broken;

at the door of my office the upper panel was broken in pieces, as if

done with a hatchet, by which means they could more easily come at the

lock, which was broken; and another door leading into the warehouse was

also broken in pieces, so that there was a free passage made up to the

tea warehouse, and the tea all carried off, except what was scattered

over the floor, and one bag of about five or six pounds and the bag of

coffee. They never attempted the brandy and rum.

Q. Did anybody ever come to claim the brandy and rum?

Milner. No, for it was condemned in the Exchequer.

Q. Was the tea in such sort of packages as the East India Company have?

Milner. No, sir, it was packed as is usual for run tea, and the brandy

was in small casks all slung ready to fling over the horses.

The counsel for the crown having done examining Mr. Milner, proceeded

to call several witnesses who were concerned in the fact; and in order

that nothing but justice might be done, and the truth only appear

against them, the witnesses were called in separately, so that Steel,

who was the second, was not admitted into court till Race, who was the

first examined, had gone through his evidence; and Fogden, who was the

third and last examined, was likewise not suffered to go into Court

till Steel had done.

John Race was called and sworn; who being asked if he knew the

custom-house at Poole, answered, “I do know the custom-house at Poole.”

Q. Do you know any thing of its being broken open?

Race. It was broken open soon after Michaelmas. I do not know the day

of the month. It was a year ago last October. There was tea taken out

of it.

Court. Look at the prisoners. Do you know either of them?

Race. I know them all.

Court. Give us an account of what you know about it.

Race. I was not at the first meeting. The first time I was with them

about it was in Charlton Forest, belonging to the Duke of Richmond:

there was only Richard Perrin of the prisoners there then. We set our

hands to a piece of paper to go and break open Poole custom-house, and

take out the goods. It was Edmund Richards that set our names down;

some of them met there Sunday, but I was not then with them; when we

met on the Monday at Rowland’s Castle, the prisoners were all there,

except Kingsmill and Fairall, and were all armed when they met, with

blunderbusses, carbines and pistols; some lived thereabouts and some

towards Chichester; so we met there to set out altogether. When we came

to the Forest of Bere, joining to Horndean, the Hawkhurst gang met us,

the prisoners Kingsmill and Fairall being with them, and they were

seven in number, and brought with them, besides the horses they rode

on, a little horse, which carried their arms; we went in company after

we were joined, till we came to Lindhurst; there we lay all day on

Tuesday, then all the prisoners were there; then we set out for Poole

in the glimpse of the evening, and came to Poole about eleven at night.

Q. Were all the prisoners armed?

Race. To the best of my knowledge all the prisoners were armed both at

Horndean in the Forest of Bere, and at Lindhurst; and when we came near

the town of Poole, we sent two men to see if all things were clear for

us to go to work, in breaking the warehouse, &c. The men were Thomas

Willis and Thomas Stringer; Thomas Willis came to us and said “There is

a large sloop laying up against the quay; she will plant her guns to

the custom-house door, and tear us in pieces, so it cannot be done.” We

were turning our horses to go back, when Kingsmill and Fairall and the

rest of their countrymen said, “If you will not do it, we will go and

do it ourselves.” This was the Hawkhurst gang. John and Richard Mills

were with them; we call them the East-country people; they were fetched

to help to break the custom-house. Some time after this, while we were

consulting what we should do, Thomas Stringer returned and said the

tide was low, and that the vessel could not bring her guns to bear to

fire upon us. Then we all went forward to Poole. We rode down a little

back lane on the left side the town, and came to the seaside. Just by

this place we quitted our horses; Perrin and Lilliwhite stayed there to

look after them.

Court. Why did you leave Perrin and Lilliwhite with the horses, more

than anybody else?

Race. Because Perrin was troubled sometimes with the rheumatism, and

not able to carry the goods so well as the rest; and Lilliwhite was a

young man and had never been with us before.

Court. Well, go forward with your evidence.

Race. We went forward, and, going along, we met a lad, a fisherman; we

kept him a prisoner. When we came to the custom-house, we broke open

the door of the inside; and when we found where the tea was, we took it

away. There was about thirty-seven hundredweight and three-quarters.

We brought it to the horses, and slung it with the slings, and loaded

our horses with it; the horses were two or three hundred yards off the

custom-house. We sacked it in what we call horse-sacks to load.

Court. Were all the prisoners at the bar, or which of them, present at

loading the horses?

Race. All the five prisoners were there, I am sure; and after we

loaded all the horses, we went to a place called Fordingbridge; there

we breakfasted and fed our horses. There were thirty-one horses, and

thirty men of us; the odd horse was that for the East-countrymen to

carry their arms upon.

The counsel for the King having done with this witness, those of the

counsel for the prisoners got up; and as Mr. Crowle was for Perrin, Mr.

Carew for Glover, and Mr. Spilltimber for Lilliwhite, the court advised

them to ask such questions only as related to the prisoners they were

retained for.

Cross-examined by Lilliwhite’s counsel.

Q. Did you see either of the prisoners assist in breaking the custom

house?

Race. I saw Fairall and Kingsmill carry tea from the custom-house to

the horses. When we came back to a place called Brooke, there we got a

pair of steelyards and weighed the tea, and equally divided to each man

his share; it made five bags a man, about twenty-seven pounds in a bag;

the two men that held the horses, which were Lilliwhite and Perrin, had

the same quantity.

Q. Were you all armed--are you sure?

Race. There were twenty of us all armed at Rowland’s Castle. Richard

Perrin had a pair of pistols tied round his middle.

Q. Had Lilliwhite arms?

Race. Lilliwhite lay at my house on Sunday night, and another man with

him; their horses were in my stable.

Q. Give me an answer to my question; are you sure that Lilliwhite had

arms about him when you left him to hold the horses?

Race. I cannot tell; I cannot be quite certain.

Q. Was Lilliwhite ever with you before or since that time?

Race. No, never, as I know of; I never heard he was a smuggler.

Cross-examined by Glover’s counsel.

Q. Was Glover ever a reputed smuggler before, or did he ever act as

such?

Race. No, not as I know of, neither before nor since. Richard Perrin

was the merchant that went over to Guernsey to buy this cargo of

brandy, rum and tea. I paid him part of the money as my share to go. He

told me, after the goods were taken and put on board another vessel,

that he had lost the tea by the Swift privateer, Captain Johnson.

Q. Hid you never hear that Glover was forced to go against his consent

by Richards, his relation?

Race. No, I did not hear any such thing. Edmund Richards brought him,

and I never knew him do anything but this time.

Cross-examined by Perrin’s counsel.

Q. Are you sure that Perrin was armed, particularly when he was with

the horses?

Race. Yes, he was, and was armed all the way we went from the Forest of

Bere, and at that place too.

Q. You say Perrin was troubled with the rheumatism; why would you take

a man with you that could not help you to carry off the goods?

Race. I don’t know; I am sure he was with us, and had his share of tea

when we divided it at Brooke.

William Steel was called, and appearing, was sworn.

William Steel. When I came home, I was told the goods were taken

by Captain Johnson. The first time we met, I cannot say any of

the prisoners were there. When we met in Charlton Forest at the

Center-tree, I believe Richard Perrin was there; there were a great

many of us there; this was some time in October; we met to conclude

about getting this tea out of Poole custom-house. We came to some

conclusion there; from thence we came to Rowland’s Castle on a Sunday

in the afternoon; there were about twenty of us; I think Thomas

Lilliwhite was there.

Q. Were there any of your company armed?

Steel. I cannot say there were any arms there on the Sunday. On the

Monday, in the afternoon, some time before sunset, when we set out,

every man was armed.

Q. How came they by their firearms?

Steel. They had them from their own houses, as far as I know. I do not

remember one man without: some had pistols, some blunderbusses; all the

Hawkhurst men had long arms slung round their shoulders, and Fairall,

alias Shepherd, had a hanger. We went from Rowland’s Castle, and when

we came to the Forest of Bere we were joined by the Hawkhurst gang;

this was on a Monday night. The prisoners Kingsmill and Fairall were

part of the Hawkhurst gang that joined us, and had with them a little

horse which brought their arms and would follow a grey horse one of

them rode on; there were about seven of them. We went from Dean to

Lindhurst, and when we set out from thence to Poole we were all armed;

we all looked at our firearms to see if they were primed.

Court. When you looked at your arms to see if they were primed at Dean,

are you sure all the prisoners were there, or which of them?

Steel. They were all five there at that time, and we went together

till we came near Poole, when Stringer and Willis went forward to see

how the way stood; and when we came within about a mile of the town,

Willis and Stringer[16] came and met us, and one of them said it was

impossible to be done. We turned our horses again, and came to a little

lane, and every man got off, and tied our horses up to a rail, which

was put along a sort of a common. There were thirty-one horses; we

left them under the care of Thomas Lilliwhite and Perrin; we every man

went to the custom-house, and broke it open. I and another went to the

quay, to see that nobody came to molest us. When I came back again the

custom-house was broken open; they said it was done with iron bars.

They were carrying the tea when the other man and I came to them.

Court. Who do you mean were carrying the tea?

Steel. All that went on purpose to break the custom-house open; I do

not mean any in particular.

Court. Were any of the prisoners there?

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 12 / 18 段