Chapter VI: Part 6

One of the counsel for the King having opened the indictment, Mr. Smythe observed to the court and jury that the practice of smuggling having prevailed all over the kingdom, particularly in that and the neighbouring counties, to so great a degree, and the persons concerned therein became so very audacious, that a great many murders were committed, and very barbarous ones too, upon such persons who should show the least inclination to prevent their pernicious practices. That the murder for which the present prisoners were indicted, was one of the most bloody and most cruel that ever was perpetrated in this, or any other civilized nation, except in two others that had happened in this county; that the prisoner Mills seemed to have the honour of committing the first, and setting the example of this species of most terrible murders, though some persons who committed the other murder had been first brought to justice. That many people were induced to think smuggling was no crime at all, or if it was one, but a very small one, it was but cheating the King, and that was no harm; not at all considering that it is a crime not only against the laws of the land, but against the law of God also, which commands all men to render to Cæsar the things that are Cæsar’s. That smuggling was robbing the nation of that revenue which is appointed for payment of the national debt; and that every act of smuggling was defrauding every one of his Majesty’s subjects that pay taxes, as they are obliged to make good all deficiencies. That when they shall hear the witnesses they will find that this evil practice was the original cause of this murder, and then he did not doubt but they would find the prisoners guilty.

Mr. Sergeant Wynn, after speaking of the nature of the crime, and that it was one of the consequential evils that attended smuggling, observed that most of the daring robberies that had been lately committed, were by these sort of men, who thought, or at least acted, as if they thought themselves above all law. That when they had called their witnesses, he did not doubt but they would give the jury such evidence as would induce them to believe the prisoners guilty, and consequently find them so.

Henry Murril deposed that some time in January last was twelvemonth, he was informed that some persons were at his house, enquiring after some tea they had lost, but could not tell who they were; that he went to young Cockrel’s, who keeps a public-house at Yapton; where he saw Jerry Curtis and two others, drinking. Curtis was very angry; said some rogues had stolen two bags of tea from him, and d--n him, he would find it out, and severely punish those concerned therein; for d--n him, he had whipt many a rogue, and washed his hands in their blood; that Curtis had offered this deponent five guineas to get the tea again, or find out who had got it; and then said that if money could not get it, he would come sword in hand, and find it out and take it away.

Being asked by the court if the prisoner Mills was one of them that were with Curtis, said he could not tell.

Henry Titcomb deposed that one day in January last was twelvemonth, Curtis and Mills came to Mr. Boniface’s barn, where he, the prisoner, and Richard Hawkins (the deceased) were at work; that Curtis called Hawkins out to speak with him; that he did not hear what passed between them, but that Hawkins went away with them; that a little while after, the same afternoon, he saw Hawkins riding behind Mills from Walberton towards Slindon, and never saw Hawkins the deceased afterwards.

John Saxby deposed that he was a servant to Cockrel the elder, of Walberton; that the day Hawkins (the deceased) was missing, Curtis, Mills, and Hawkins came to his master’s house and drank together; that at going away, Mills bid Hawkins get up behind him, which he at first refused, saying he would not, without making a sure bargain; that they bid him get up for they would satisfy him, which Hawkins did; and this deponent never saw the deceased afterwards.

Thomas Winter, alias the Coachman, an accomplice, deposed that one day the latter end of January was twelvemonth, he, with Jerry Curtis, alias Pollard, were at the prisoner Reynolds’s house, who kept the Dog and Partridge on Slindon Common; that Curtis presently went away from him, and promised to come to him again very soon, for he was to pay this witness some money he owed him; that this deponent stayed at the Dog and Partridge the rest of the day; that towards evening Richard Rowland, alias Robb, came to the house, asked for his master Curtis, and stayed with this deponent till night, when the prisoners Mills and Curtis came; that Curtis called for Robb, and said, “Robb, we have got a prisoner here”; then Hawkins got down from behind Mills, and all went in together, to a parlour in the prisoner Reynolds’s house; that they all, viz., Hawkins (the deceased), Curtis, Mills, Rowland, otherwise Robb, and this deponent, sat down together; that then they began to examine Hawkins about the two bags of tea, which he denied, saying he knew nothing of the matter; that Curtis said, “D--n you, you do know, and if you do not confess I shall whip you till you do, for, d--n you, I have whipped many a rogue, and washed my hands in his blood;” that the prisoner Reynolds came in when they were urging the deceased to confess, and said to the deceased, “Dick, you had better confess, it will be better for you”; his answer was, “I know nothing of it.” After Reynolds was gone, Mills and Robb were angry with the deceased; that Robb struck him in the face and made his nose bleed, and threatened to whip him to death; that Mills showed he was pleased with what Robb had done, and again threatened the deceased, who said, “If you whip me to death, I know nothing of it”; that then Mills and Robb made the deceased strip to his shirt, then they began to whip him over the face, arms and body, till they were out of breath, he all the while crying out that he was innocent, and begged them, for God’s sake, and Christ’s sake, to spare his life for the sake of his wife and child; that when they were out of breath, they pulled off their clothes to their shirts, and whipped him again till he fell down; when he was down they whipped him over the legs and belly, and upon the deceased kicking up his legs to save his belly, they saw his private parts; then they took aim thereat, and whipped him so that he roared out most grievously; that then they kicked him over the private parts and belly; they in the intervals asking after the tea; the deceased mentioned his father and brother, meaning the two Cockrels; that upon this Curtis and Mills took their horses, and said they would go and fetch them, and rode away, leaving the deceased with Robb and this deponent. That after they were gone, he and Robb placed the deceased in a chair by the fire, where he died.

Being asked by the court if the deceased was in good health when he came to the prisoner Reynolds’s house, and if he believed he died of the ill-usage he there met with, his answer was, “He was in good health when he came there, and was a stout man, and I am sure he died of the kicks and bruises he received from Mills and Robb.”

He further deposed that when they found he was dead Robb locked the door, put the key in his pocket, then they took their horses and rode towards Walberton to meet Curtis and Mills; that in the lane leading to Walberton he met them, with each a man behind him; that he desiring to speak with them, the men behind them got off and stood at a distance. That this deponent asked Curtis what they were going to do with these two men, who answered, “To confront them with Hawkins.” Then the deponent told him he was dead, and desired that no more mischief might be done, when Curtis replied, “By God, we will go through with it now.” That this deponent begged that the two men might be sent home, for there had been mischief enough done already; that then Curtis bid the two men go home, and said when they wanted them they would fetch them. That they rode all together to the prisoner Reynolds’s house, when Reynolds said to Curtis, “You have ruined me,” and Curtis replied he would make him amends. That then they consulted what to do with the body, when it was proposed to throw him into the well in Mr. Kemp’s park, and give out that they had carried him to France; that the prisoner Reynolds objected to it, as that was too near, and would soon be found. That they laid him on a horse and carried him to Parham Park, about twelve miles from Slindon Common, where they tied large stones to him in order to sink the body, and threw him into a pond belonging to Sir Cecil Bishop.

John Cockrel the younger deposed that the 28th day of January last was twelvemonth, about ten o’clock at night the prisoner Mills came to his house, called for some ale, ordered his horse into the stable; that while he was in the stable Curtis came in, and demanded two bags of tea, which he said his brother-in-law had confessed he had got; that this deponent denied his having them, upon which Curtis beat him with an oak stick till he was tired; that after this they took him with them to his father’s at Walberton, where they took his father and him with them, to carry them to Slindon, on Mills’s and Curtis’s horses, one behind each, and about a mile before they came to Slindon, they met two men on horseback, who called to them, and said they wanted to talk with them; that then they were ordered to get off from behind Curtis and Mills; that after the two men had talked with Curtis and Mills some time, Curtis bid them go home, and when they wanted them they would fetch them.

John Cockrel the elder, being sworn, confirmed the evidence as to being carried away, and afterwards let go.

Being asked by the court how long after his son-in-law (the deceased) was missing it was before he heard his body was found, said that in the April following he was sent for to Sir Cecil Bishop’s; that there he saw the deceased Richard Hawkins mangled in a most terrible manner, having a hole in his skull; that he knew him by the finger next the little finger of his right hand being bent down to his hand.

Matthew Smith deposed that one night in January last was twelvemonth, he was at the prisoner Reynolds’s house, the Dog and Partridge, on Slindon Common, and saw Curtis and Mills ride up to the door (Mills with a man behind him), and Curtis called out to Robb, and said, “We have got a prisoner”; and that then they all went in together into the back parlour.

Richard Seagrave, another witness, deposed that he lived at Sir Cecil Bishop’s in Parham Park, and saw the body of a man taken out of a pond there, very much mangled and bruised; and was likewise present when John Cockrel the elder came there and said he knew the body to be that of his son-in-law, Richard Hawkins.

Jacob Pring, another witness, deposed that being at Bristol, he there fell in company with the prisoner Mills; that they came together from thence to his house at Beckenham in Kent; that on the road he asked him whether he knew of the murder of Richard Hawkins of Yapton; that he told him “Yes,” and related to him the particular manner in which it was done, as follows: that in the beginning of January was twelvemonth, they had two bags of tea stolen from the place where they had concealed some stuff, and suspecting Hawkins and the Cockrels to have it, he and Jerry Curtis went and fetched Hawkins from a barn where he was at work, and carried him to Reynolds’s, on Slindon Common, where Robb and Winter, commonly called the Coachman, were before them; that he and Robb whipped Hawkins with their horse-whips till he owned that the Cockrels had their tea; that then he and Curtis went and fetched the Cockrels, and as they were bringing them behind them on the road, Robb and Winter met them and told them that the man was dead whom they had whipped; that they then sent the Cockrels home and went and took Hawkins’ dead body and carried it to Parham Park and threw it into Sir Cecil Bishop’s pond.

Here the counsel for the King rested it.

The prisoner being called upon to make his defence, denied the murder, and said he left the deceased Richard Hawkins alive and well with Robb and Winter, when he and Curtis went to fetch the Cockrels, and how Hawkins came by his death he could not tell. This was Mills’s defence.

The counsel for the prisoner Reynolds objected to the indictment, and said, though it might be extremely right with regard to the prisoner Mills, yet it was not so with regard to the prisoner Reynolds; for as Reynolds was indicted as a principal in the second degree, he should be concluded in the judgment as all principals are in murder. The court said this was a matter that might be offered in arrest of judgment, but not at that time.

The counsel, in his defence, said the prisoner Reynolds was no ways privy to or concerned in the said murder; that the persons who brought Hawkins to his house were in a room by themselves, and what they did there was without the privity or knowledge of the prisoner Reynolds, and that they should call witnesses to prove the same.

William Bullmar was called, who deposed that one day in January last was twelvemonth, he was at the prisoner Reynolds’ house with William Rowe in the kitchen; that he saw Curtis in the house, and heard there were other people with him in the new back parlour; that himself was there till twelve o’clock at night, and that the prisoner Reynolds was with him during all that time, excepting when he went to draw beer for his customers in the kitchen.

William Rowe deposed that he was at the prisoner Reynolds’s house at the same time as the before-mentioned witness, that he saw Curtis and Mills in the house, and heard there were other people with them in the back room; that he stayed till twelve o’clock at night, during which time the prisoner Reynolds was with him except when he was called to draw drink for company.

The judge, after he had summed up all the evidence exactly in the manner it had been sworn, observed to the jury, that with regard to the prisoner Mills, the facts were proved extremely clear, as he had called no witnesses to contradict the evidence for the King in any shape; that with respect to the prisoner Reynolds it did not appear that he was in the party that committed the murder, but that he was at home at peace in his own house, when this transaction happened; if therefore, they believed the witness called on his behalf, they must acquit him, and the jury, without going out, found Mills Guilty, and acquitted Reynolds.[13]

Mills’s behaviour was very unbecoming one under his circumstances; but before we proceed to say anything more of this criminal, we will give the particulars of his being apprehended. The 31st January last, a proclamation was issued for the apprehending several notorious smugglers that were concerned in the murder of Richard Hawkins, of Yapton, naming this John Mills as one of them, promising his Majesty’s pardon to anyone who should apprehend or give information of any of the offenders, although such informer was an outlawed smuggler, provided he was not concerned in any murder, or in breaking open his Majesty’s warehouse at Poole. Now William Pring, who was a witness against the said Mills and the two Kemps, knowing himself to be an outlawed smuggler, yet not concerned in murder, nor in breaking open the warehouse at Poole, resolves, if possible, to get his own pardon by taking some of those offenders. To this purpose he applied to a great man in power, informing him that he knew Mills, and that if he could be assured of his own pardon, he would endeavour to take him, for he was pretty certain to find him either at Bristol or Bath, where he knew he was gone to sell some run goods. Being assured of his pardon he set out accordingly, and at Bristol unexpectedly found the two Kemps with him, whom he likewise knew as being notorious smugglers. They then began to talk about their affairs. Mills was in a proclamation for two murders, that of Chater and that of Hawkins. Thomas Kemp was advertised for breaking out of Newgate, and Lawrence Kemp was outlawed by proclamation, and both the Kemps were concerned in robbing one farmer Havendon.

After talking over matters together, and observing that all their cases were very desperate, Pring, as a friend, offered his advice, by which he intended to inveigle them into the snare he had laid for them. He said, since they were all alike in such desperate circumstances without any hopes of mending their condition, he would have them go with him towards London, and to his house at Beckenham in Kent, and then consult together, to go and rob upon the highway, and break open houses in the same manner as Gregory’s gang used to do. Upon which they all agreed to come away together; and upon the road, amongst other talk, Mills owned that he was one of those who committed the murder of Hawkins, and both the Kemps confessed that they were concerned in robbing farmer Havendon, in the manner it was proved upon their trials.

When they were all come to his house at Beckenham, Pring then pretended that his horse being a very indifferent one, he would go to town and fetch his mare, which was a very good one, and would come back again with all convenient speed, and then they would set out together on their intended expeditions; for as their horses were very good, and his but a bad one, it might bring him into danger in case of a pursuit. Upon which he set out, and they agreed to stay at his house till his return; but instead of going to town, he rode away to Horsham, where he applied to Mr. Rackster, an officer in the excise there; who together with seven or eight more, all well armed, set out for Beckenham, in order to take them, where they arrived in the dead of night, and found Mills and the two Kemps just going to supper upon a fine breast of veal, and secured them. They bound the arms of the two Kemps, but Mills refusing to be bound in that manner, and being very refractory, they were forced to cut him with one of their hangers, before he would submit. They then brought them all three to the county gaol for Surrey, where they found Robert Fuller and Jockey Brown in custody for smuggling; and knowing that they had been guilty of many robberies on the highway in Sussex, they applied to the government for a Habeas Corpus, to carry them all five down to the assizes at East Grinstead, where, though they were each tried only upon one indictment, yet there was another indictment for murder, besides two for robbery against Mills, another for a robbery against Fuller, and two other indictments against the two Kemps, besides a number of other prosecutors, who were ready at East Grinstead to lay indictments against them, if there had been occasion.

John Mills, about 30 years of age, son of Richard Mills, of Trotton, lately executed at Chichester, was bred up to the business of a colt-breaker by his father. He said he had been a smuggler many years, and blamed Jeremiah Curtis, alias Pollard, who stands indicted for the same murder he was convicted of, and William Jackson, who was condemned at Chichester for the murders of Galley and Chater, as being the principal persons concerned in drawing him away from his honest employment.

Young Mills acknowledged himself a very wicked liver; but complained of the witnesses, that is, such of them as had been smugglers and turned evidences, and said that they had acted contrary to the solemn oaths and engagements they had made and sworn to among themselves, and therefore wished they might all come to the same end, and be hanged like him, and d--ned afterwards.

John Mills stood indicted for two murders, besides robberies, as is before mentioned; but it is remarkable that he committed both murders in twenty days; that of Hawkins, for which he was condemned, was perpetrated on the 28th of January; and the other, that he was not tried for, which was the murder of Daniel Chater, he committed the 17th of the following month.

It having been said, as soon as Mills was convicted, that the design of him and Curtis in fetching the two Cockrels, the father and brother-in-law of Hawkins, to the Dog and Partridge, was to serve them as they had done Hawkins; Mills being asked the question, at first seemed very sulky; but at last said, he believed that if Winter and Robb had not met them and told them that Hawkins was dead, they should have basted the Cockrels well, when they had got them there; so that in all probability their lives were preserved by Hawkins dying sooner than his murderers expected.

Jeremiah Curtis, alias Pollard, is at Gravelines in France, and has entered himself into the corps of the Irish brigades; but Richard Rowland, alias Robb, he imagined for very good reasons, was not out of the kingdom; and indeed he was seen and spoken to on East Grinstead Common, which is near that town, the latter end of the month of January last.

Being asked if he was upon Hind Heath on Saturday, the 14th of January last, when the judges were going over it to hold the assizes at Chichester on the special commission, to try his father and brother, and the rest of the smugglers then in custody, for the murders of William Galley and Daniel Chater; he said he was, and two others were with him, but would not tell their names; that they had no manner of design against the judges, or any body with them, neither did he or his companions know or think of the judges coming at that time, for they were upon other business; and that he and his said two companions committed three robberies that afternoon and evening, the nearest being upwards of twelve miles from Hind Heath; but he refused to name any particulars, declaring he thought he merited d--nation if he was to discover any thing, by means of which any of his companions might be apprehended and convicted.

At the place of execution[14] he behaved himself much more sedate than 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.

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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.

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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.

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.