“Having sent Jenkes away, these poor men were left absolutely in the power of the smugglers; and indeed, into worse hands they could not have fallen; had they been taken in battle they would have had quarter, and been treated with humanity; had they fallen into the hand of enemies of those nations who give no quarter, their lot would have been immediate death; but as it was their hard fate to fall into the hands of smugglers, to have neither quarter or immediate death, but they were reserved to suffer the most cruel usage for several days and afterwards murdered. “These poor wretches, after having been beat and abused at Payne’s by Carter and Jackson, and the rest of the gang, were carried away by force, both set on one horse, with their legs tied under the horse’s belly, and whipt and beat by direction of Carter and Jackson, till they fell; then they were set up again in the same manner, and whipt and beat again, till they fell a second time; and were then set on separate horses, and used in the same manner, till Galley had the good fortune to be delivered by death from their cruelty; after which they carried Chater, who was bloody and mangled with the blows and falls he had received, to Scardefield’s, at the Red Lion at Rake, who observed Jackson’s coat and hands bloody; and while Carter and the rest buried Galley, Jackson and Sheerman carried Chater to old Mills’s in the night, between the 14th and 15th of February, where he was chained by the leg in the skilling, or out-house, till the Wednesday night following, and Sheerman and Howard guarded him. “Imagine to yourselves the condition of this unhappy man, certain to die by their hands, uncertain only as to the time, and the cruel manner of it: suffering for three days and three nights pain, cold and hunger; and what was infinitely worse, that terror and anxiety of mind which one in his situation must continually labour under; he must doubtless envy the condition of his companion Galley, who by an early death was delivered from the misery he then endured. “On Wednesday following, the 17th of February, all the prisoners at the bar (except Old Mills) met at Scardefield’s, and there were present also seven more; at which meeting it was unanimously agreed by all present to murder Chater; and Young Mills particularly advised it; and said if he had a horse he would go with them and do it; and either then, or at another meeting at Scardefield’s, when Carter and Jackson said, that as they came along, they brought Chater by a steep place thirty feet deep, Young Mills said, ‘If I had been there I would have called a council of war, and he should have come no further.’