still with the horses. When we came we found the strings and tied it
together, and carried it away to a gravelly place. There we fetched
our horses to the place, and loaded them and carried it away. Then we
went to a place called Fordingbridge, where we baited and refreshed
ourselves. We loaded, and went for a place called Sandy Hill; but at a
place called Brooke, before we came to this place, we got two pair of
steelyards and weighed the tea, and it came to five bags a piece.
Q. Did you carry the tea to your horses, or did you bring the horses to
the tea?
Steel. We carried the tea to a plain place convenient for loading. Then
we brought the horses forward to be loaded.
Here Race was called again--he had said they carried the tea to the
horses.
Q. to Race. Did you carry the tea to the horses?
Race. I had been employed at the custom-house to tie up the tea; and
when I came, the horses were with the tea.
Cross-examined by Lilliwhite’s counsel.
Q. Did you ever know Lilliwhite before?
Steel. I have known him, and been acquainted with him four or five
years.
Q. Who came there first, he or you?
Steel. He was there first.
Q. Was Lilliwhite ever a-smuggling with you before this time?
Steel. Not as I know of.
Q. Was he ever reputed a smuggler before this affair happened?
Steel. Not as I know of.
Q. Do you think when Lilliwhite went with you, that he knew what you
were going about?
Steel. I think he did; we talked openly of it; but I cannot swear he
did.
Q. Do not you know that Lilliwhite was asked only to take a ride with
you, and that he did not know what you were going upon till you came to
the Forest of Bere?
Steel. I cannot say any such thing; he joined us at Rowland’s Castle.
Q. You say the Hawkhurst gang joined you at the Forest of Bere, and had
a little horse with them?
Steel. Yes.
Q. What arms were upon that little horse?
Steel. I think there were seven long muskets on him.
Q. Were the arms for you?
Steel. We had arms before that; they were brought for their own use.
Q. Had Lilliwhite any arms when holding the horses?
Steel. I cannot say that he had.
Q. Did you all put down your names on a piece of paper to go upon this
affair?
Steel. Each man’s name was put down by Edmund Richards.
Q. Was Lilliwhite’s name put down?
Steel. I cannot say it was.
Cross-examined by Glover’s counsel.
Q. Was Glover ever concerned in smuggling before this?
Steel. No; I believe he never was before or since.
Q. Did you ever hear he went with reluctancy, and against his will?
Steel. As to that, I never heard he did; but I believe Richards forced
him to it. This I know, Glover lived in Richards’ house, and I believe
Richards was the occasion of his going with us.[17]
Q. Who was your commander?
Steel. There was nobody took the lead, one more than the other.
The counsel for the King then called Robert Fogden, who being come into
court, was sworn.
Robert Fogden. I remember the time the tea was seized upon. I was at
the consultation in Charlton Forest; there we concluded to go after
the tea; there was a noted tree that stood in the forest, called the
Center-tree. I do not know whether either of the prisoners were there.
I was not at Rowland’s Castle; I was with others of the company, on a
common just below, for we met at both places, and then met altogether
at a place appointed in the Forest of Bere.
Q. Were any of the prisoners at the house you was at?
Fogden. No, not one. At the Forest of Bere there were, I believe, all
the five prisoners. We met together at a lone place there; we stayed
there till the Hawkhurst men came to us; then there were thirty of us
in number. The prisoners Kingsmill and Fairall were with the Hawkhurst
gang, and were part of that gang.
Q. Were you all armed?
Fogden. To the best of my knowledge we were all armed.
Q. For what purpose did you meet there?
Fogden. We were going to fetch away the tea that had been taken from us
by Captain Johnson, and lodged in the custom-house at Poole.
Q. How did you take it?
Fogden. By force; went from thence to Lindhurst; we got there in the
night, just as it was light. We stayed there till near night again;
then in the night we went to Poole, and went to the backside of the
town, and left our horses in a little lane. I never was at Poole
before this or since; I believe we left our horses about a quarter
of a mile out of town. We left them in care of two men, Perrin and
Lilliwhite. Then we went and broke open the custom-house. I saw the
door broken open with two iron bars.
[Illustration: _A Representation of y^e Smuggler’s breaking open y^e
KING’S Custom-house at_ Poole.]
Q. Where did you get them?
Fogden. I cannot tell.
Q. Where did you find the tea lodged?
Fogden. It was in the top of the warehouse.
Q. Were any of the prisoners at the bar concerned in it?
Fogden. They were there, and did assist as the rest, except the two
that held the horses. We brought the horses to a place near, and then
carried the tea to them. It was a very narrow lane where we stopped
first, and we brought the horses up to a more open place for loading.
Q. Did the prisoners at the bar help you load?
Fogden. Yes, all of them.
Q. Did you put an equal quantity on each horse?
Fogden. We distributed it as near as we could. There was our little
horse that carried the arms had not so much as the other horses had on
them. Every horse there was loaded with tea; from thence we went to
a little town called Fordingbridge; at the next place we stopped, we
weighed the tea with two pair of steelyards; for we thought it was not
equal, some was scattered out of some of the bags. Then we divided it
as equally as we could; they were quartern bags, each prisoner had five
bags.
Q. When did you see Lilliwhite first?
Fogden. In the forest; I never saw him before.
Q. Was he there before or after you?
Fogden. I cannot tell.
Q. Did you hear any threats, if any should discover this affair what
should be done to them?
Fogden. No, Sir.
Q. Had Lilliwhite arms when left with the horses?
Fogden. I believe he had not.
Q. Was Lilliwhite ever with you a-smuggling before?
Fogden. No, never as I know of.
Q. Was Glover ever with you a-smuggling before?
Fogden. No, never as I know of.
The counsel for the King resting their proof here, the prisoners were
severally called upon to make their defence, when Kingsmill and Fairall
said they had nothing to say, only that they knew nothing of the matter.
Perrin, having retained counsel for him, called the following persons
to his character.
John Guy. I have known Perrin almost twenty years. He is a carpenter,
and always bore a very good character among his neighbours. I never
heard he neglected his business.
Q. Did you ever hear he was a smuggler?
Guy. I have known him these fifteen or sixteen years, and he always
bore a very good character. I never heard in my life of his neglecting
his business and going a-smuggling.
Q. Did you never hear he was a smuggler?
Guy. No, never, but by hearsay, as folks talk.
Richard Glover’s defence: I was forced into it by my brother-in-law,
Edmund Richards, who threatened to shoot me if I would not go along
with him.
William Tapling. I have known Richard Glover twenty years; I never
heard before this unhappy affair that he was a smuggler; I believe he
never was before. I know his brother-in-law Richards, and that Glover
was about two months with him. Richards is a notorious wicked, swearing
man, and reputed a great smuggler; I cannot help thinking he was the
occasion of Glover’s acting in this.
Henry Hounsel. I have known Glover a child; he was a sober young lad; I
never knew him otherwise, nor did I ever hear him swear an oath in my
life.
Q. Did you never hear he was a smuggler?
Hounsel. Never before this. He lived with his father till the year
1744. His father dying, he followed his business till August, 1747. He
went in the beginning of June to that wicked brother’s house, and was
there about two months. He went after that to live servant with the
Rev. Mr. Blagden. After that he got into Deptford yard, and there he
continued ever since, till taken up, articled to a shipwright. This
affair was at the time he was at his brother-in-law’s house.
John Grasswell. I have known Glover these twelve years and upwards; I
believe he never was guilty of smuggling before this; his character is
exceedingly good. I never knew him frequent bad company, or guilty of
drinking or swearing an oath.
Woodruff Drinkwater. I have known Glover ever since he was born; I
never heard he was reputed a smuggler either before or since, exclusive
of this time; his temper is not formed for it at all, far from it;
after his father died he was left joint executor with his mother (left
in narrow circumstances); he often came to me on any little occasion
for five or ten guineas; he always kept his word; after his mother
married again, there was some difference in his family; he went into
the country, and I was very sorry for him at his going to Richards’s
house, and I cannot think he was voluntary in this rash action.
Mr. Edmonds. I have known Glover ever since the 9th of April last; he
came to me and was entered into his Majesty’s yard at Deptford the day
following; he bore a good character before, and during the time he has
been with me he has behaved very well and sober; he obtained a good
character of all that knew him; I have had as good an opinion of him as
any man I know; he was with me till the day he was taken.
Mr. Dearing. I live in the parish where this young man was born. I go
there for the summer season; I have known him about eighteen years;
being informed of this bad thing, it made me come to London on purpose
to say what I knew of him; we in the country had great reason to
believe that bad man Richards had corrupted him; he was a well-behaved
lad before this happened; his uncle came to me, and the young man came
and begged of his uncle, that he would see out for some business for
him, in some way or other, adding that he could not bear to live with
Richards; I had just hired a servant, or I had taken him; just after
this bad affair happened, and he was unfortunately drawn into it.
The Rev. Mr. Blagden. I live at Slindon, in Sussex. The prisoner
Glover was my servant; I knew him and his family before; he behaved
exceedingly well with me as any could, and if he were discharged from
this I would readily take him again; he attended on religious service,
public and private, constant; I never heard an ill word or an oath from
his mouth, or anything vulgar.
Thomas Lilliwhite’s defence: I was down in the country, and a person
desired me to take a ride with him; I agreed upon it, not knowing where
they were going; I had no firearms, nor was any way concerned.
Fra. Wheeler. I have known Lilliwhite about six years; he always bore
a very good character; was a worthy young fellow, and brought up in the
farming under his father, who was a man in very good circumstances; he
minded his father’s business very diligently; I have known him refuse
going out upon parties of pleasure, because he has had business of his
father’s to do; he married since this affair happened to a woman of
fortune; I never heard him charged with any such crime as this before.
Sir Cecil Bishop. The prisoner married my housekeeper’s daughter; had
not he been a man of good character, I should not have been consenting
to the match, which I was; she brought him a good fortune; he is a
deserving young man, and I cannot think he would be guilty of such a
crime knowingly.
The evidence being all finished, Sir Thomas Abney summed up the
whole in a very impartial manner; taking notice that in the case of
Lilliwhite, if they thought the evidence that had been given against
him was not quite full, as to his going voluntarily with them, and that
he was not armed with firearms, they might acquit him.
The jury went out of court, and in about a quarter of an hour returned
into court, and gave their verdict as follows, viz.:--
Thomas Kingsmill, William Fairall, and Richard Perrin, Guilty. Death.
Thomas Lilliwhite, Acquitted.
Richard Glover, Guilty, but recommended to mercy.
Thomas Lilliwhite was immediately discharged out of court as soon as
he was acquitted; and the other four received sentence of death the
same day, together with the other four criminals who had been tried and
convicted of divers felonies and robberies.
While under sentence of death, they all four, viz., Kingsmill, Fairall,
Perrin, and Glover, behaved much better than they had done before;
and particularly Glover and Perrin were composed and resigned, and
constantly prayed and sung psalms most of the night time; but Kingsmill
and Fairall were not so penitent as Glover and Perrin.
As for Kingsmill and Fairhall, they were reckoned two of the most
audacious wicked fellows amongst the smugglers; and indeed their
behaviour while under condemnation, plainly shewed it.
The day they were brought to Newgate by Habeas Corpus, from the county
gaol for Surrey, Fairall behaved very bold after declaring he did not
value being hanged; and said, “Let’s have a pipe and some tobacco, and
a bottle of wine, for as I am not to live long, I am determined to live
well the short time I have to be in this world.” He also behaved very
insolently at his trial; or more properly ignorantly, laughing all the
time at the witnesses while they were giving their evidence; and when
taken notice of by the court, and reprimanded for his bad behaviour, it
had no effect on him, for he continued his idle impudent smiles, even
when the jury brought him in Guilty.
At the time when he received sentence of death, when Mr. Recorder,
who passed the same on him, and the rest of the criminals, said these
words, “and the Lord have mercy on your souls,” he boldly replied,
“If the Lord has not more mercy on our souls than the jury had on our
bodies, I do not know what will become of them.”
On Thursday, the 20th of April, 1749, the report of these four
criminals was made to his Majesty by Richard Adams, Esq., Recorder,
when Kingsmill, Fairall, and Perrin were ordered for execution at
Tyburn, on Wednesday, the 26th of the same month; and his Majesty was
pleased to grant his most gracious pardon to Glover, several favourable
circumstances appearing in his favour; and the court and jury having,
after his trial, recommended him to his Majesty for mercy.
After the death warrant came down, Kingsmill and Fairall began
to consider their unhappy circumstances more than they had done
before, and always attending divine service at chapel, and prayed
very devoutly, but retained their former behaviour of boldness and
intrepidity, shewing no fear, and frequently saying they did not think
they had been guilty of any crime in smuggling, or in breaking open
Poole custom-house, as the property of the goods they went for was not
Captain Johnson’s or anybody else’s, but of the persons who sent their
money over to Guernsey for them.
Perrin, who was ordered only to be hanged and afterwards buried, and
Kingsmill and Fairall being ordered to be hung in chains, Perrin was
saying to them that he lamented their case: when Fairall replied
smilingly, in the presence of many people, “We shall be hanging in the
sweet air, when you are rotting in your grave.”
The evening before their execution, after they came down from chapel,
their friends came to take leave of them; and Fairall smoked his pipe
very heartily, and drank freely; but being ordered to go into his cell
to be locked up, said, “Why in such a hurry, cannot you let me stay a
little longer and drink with my friends; I shall not be able to drink
with them to-morrow night.”
* * * * *
I shall next proceed to give the little account of these criminals as
given by the ordinary of Newgate; and afterwards conclude this book
with a relation of some of the most notorious actions committed by
them, and which have been communicated by their confederates.
Thomas Kingsmill, alias Staymaker, aged 28, was born at Goodhurst, in
Kent, a young fellow of enterprising spirit, and for some years past
employed by the chiefs of the smugglers, the moneyed men or merchants,
as they are usually amongst themselves called, in any dangerous
exploits. As his character in general among his countrymen was that of
a bold, resolute man, undaunted, and fit for the wicked purposes of
smuggling, and never intimidated, in case of any suspicion of betraying
their secrets, ready to oppose King’s officers in their duty, and being
concerned in rescues of any sort or kind, so he wanted not business,
but was made a companion for the greatest of them all, and was always
at that service when wanted and called upon.
He would own nothing of himself, and was scarce to be persuaded that he
had done anything amiss by following the bad practices of smuggling.
He acknowledged he was present at the breaking open of the
custom-house, and that he had a share of the tea; and said what was
sworn at the trial was all truth; but that they must be bad men to turn
evidence to take away other people’s lives.
William Fairall, alias Shepherd, aged 25, was born at Horsendown
Green, in Kent, bred to no business, but inured to smuggling from his
infancy, and acquainted with most of the evil practices which have been
used in those parts for some years past. In this behaviour he seemed
equally as well qualified for the work as was Kingsmill, and it is
generally believed that they were both concerned together in most of
their undertakings. Fairall at his trial seemed to shew the utmost
daringness and unconcern; even shewing tokens of threats to a witness,
as he was giving his evidence to the court, and standing all the while
in the bar with a smile or rather a sneer upon his countenance. He came
also to the gang with Kingsmill to the Forest of Bere, and was one of
the forwardest and most busy amongst the company. Yet he would not own
any one thing against himself that he had done amiss, for which his
life should be at stake. However, his own countrymen were glad when he
was removed from among them, because he was known to be a desperate
fellow, and no man could be safe who Fairall should once think had
offended him.
Richard Perrin, alias Pain, alias Carpenter, aged 36, was born near
Chichester, in Sussex; being bred a carpenter, was looked upon as a
good workman, and had pretty business till the use of his right hand
being in a great measure taken away by being subject to the rheumatism,
he thought proper to leave that trade, and take to smuggling. He was
esteemed a very honest man, and was therefore often entrusted by others
to go over the water to buy goods, and for himself; he traded in that
way for brandy and tea. And he was the man that went over for this very
cargo of goods that was rescued from Poole Custom-house.
Having talked to the prisoners several times, each by himself, and
also when they were altogether, neither of them all three would own
anything; but said they knew best what they had done, and for what was
amiss they would seek God’s forgiveness, and continued thus to declare
to the last.
* * * * *
Having now given the ordinary of Newgate’s short account of these
criminals, I shall proceed to give some account of such of their
wicked actions as have come to our knowledge.
About two years since William Fairall was apprehended as a smuggler
in Sussex, and being carried before James Butler, Esq., near Lewes,
was ordered by that gentleman to be brought to London, in order to
be tried for the same. They brought him quite safe to an inn in the
Borough overnight, in order to carry him before Justice Hammond the
next morning, but he found means to escape from the guards; and seeing
a horse stand in Blackman Street, he got upon it and rode away, though
in the presence of several people.
He made the best of his way into Sussex, to his gang, who were
surprised at seeing him, knowing he was carried to London under a
strong guard but three days before; but he soon informed them how he
got away, and his lucky chance of stealing the horse.
They were no sooner met than he declared vengeance against Mr. Butler,
and proposed many ways to be revenged. First to destroy all the deer in
his park, and all his trees, which was readily agreed to; but Fairall,
Kingsmill and John Mills, executed on Slindon Common, and many more
of them, declared that would not satisfy them; and accordingly they
proposed to set fire to his seat, one of the finest in the county of
Sussex, and burn him in it; but this most wicked proposal was objected
to by three of the gang, namely, Thomas Winter, alias the Coachman,
one Stephens and one Slaughter, commonly called Captain Slaughter, who
protested against setting the house on fire or killing the gentleman;
and great disputes arose among them, and they parted at that time
without putting any of their villainous proposals into execution; but
Fairall, Kingsmill and some more of the gang were determined not to
let their resentment drop, and accordingly they got each a brace of
pistols, and determined to go and waylay him near his own park wall
and shoot him. Accordingly they went into the neighbourhood, when they
heard Mr. Butler was gone to Horsham, and that he was expected home
that night, upon which they laid ready to execute their wicked design.
But Mr. Butler, by some accident, happening not to come home that
night, they were heard to say to each other, “D--n him, he will not
come home to-night, let us be gone about our business”; and so they
went away angry at their disappointment, swearing they would watch for
a month together but they would have him.
This affair coming to Mr. Butler’s knowledge, care was taken to
apprehend them if they came again, and they, being acquainted
therewith, did not care to go a second time without a number; but no
one would join except John Mills and Jackson, who was condemned at
Chichester for the murders of Galley and Chater, as not caring to run
into so much danger; and they not thinking themselves strong enough,
being only four, the whole design was laid aside.
On their being disappointed in their revenge against Mr. Butler, they
were all much chagrined, and Fairall said, “D--n him, an opportunity
may happen some time,” that they might make an example of Mr. Butler,
and all others that shall dare presume to obstruct them.
Thomas Winter, and several others of the smugglers, whose lives had
been saved by turning evidence, said that Fairall and Kingsmill had
been the occasion of carrying several officers of the customs and
excise abroad from their families, for having been busy in detecting
the smugglers, and seizing their contraband goods.
Fairall and Kingsmill were both concerned with the gang in Kent, viz.,
Diprose, Priggs and Bartlett, in all the robberies they committed; but
as an account of those has been given before, we think it needless to
make a repetition.
The morning of their execution they behaved very bold, shewing no signs
of fear of death, and about nine o’clock, Fairall and Kingsmill were
put into one cart, and Perrin in a mourning coach, and conveyed to
Tyburn under a strong guard of soldiers, both horse and foot.
At the tree they joined in prayers very devoutly with the rest of the
unhappy criminals who were executed with them, which being ended, and
a psalm sung, they were turned off crying to the Lord to receive their
souls.
The body of Perrin was delivered to his friends to be buried; and those
of Fairall and Kingsmill were carried to a smith’s shop in Fetter-lane,
near Holborn, where they were put into chains, and afterwards put into
two wooden cases made on purpose, and conveyed by some of the guards
and the sheriff’s officers for the county of Middlesex to Newcross
turnpike in the county of Kent; where they were received by the
officers to the sheriff of that county, who conveyed them to the places
where they were ordered to be hung up, viz., Fairhall on Horsendown
Green, and Kingsmill on Gowdhurstgore, at both which places they had
lived.
Richard Glover, who had received his Majesty’s pardon, was discharged
out of Newgate on Wednesday, the 3rd of May, 1749.