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?