Mr. Justice Foster told him, that supposing he was threatened in the manner he insisted on, yet that could be no legal defence in the present case; and that in every possible view of the case, it was infinitely more eligible for a man to die by the hands of wicked men, than to go to his grave with the guilt of innocent blood on his own head. Cobby said he did not know what they were going to do with the man, that he never touched him, and he knew nothing of the murder. Hammond said when he understood what they were going to do, he wanted to go off and make a discovery; but the company prevented him; and that by the company he meant all the prisoners. Richard Mills the elder, said he did not know what they were at, and did not think they would hurt the man; and did not know he was chained till after they were gone away. Richard Mills the younger, said he knew nothing of the matter, and never saw either of the men (Galley and Chater) in his life; he acknowledged that he was at Scardefield’s house, but said he knew nothing of the murder, and denied the charge; that Scardefield was the only witness he had, for he (Scardefield) knew when he came, and how long he stayed there. Jackson said, the man who said he would be Chater’s butcher, was his butcher, and nobody else, that he (Jackson) was not by when he was murdered, and was not guilty of it. Mr. Justice Foster cautioned him not to deceive himself, and told him that with regard to the present charge, it was not necessary that he should have been present at the murder; he was not charged with being present, but as an accessary before the fact in advising and procuring the murder to be done: and that was the fact he was called upon to answer. Carter said that when he went to the widow Payne’s, he only thought they were going to carry the men out of the way, till they saw what should become of Dimer, and that he never laid hands upon them; and went along with the company to prevent mischief. Scardefield, the witness, was then called again, and Richard Mills the younger, being asked whether he would ask him any questions, only desired he might be asked what time he came to his house, and how long he stayed there; to which Scardefield answered, that Mills came to his house about half an hour after one; stayed there about an hour and a half, and went away on foot. The rest of the prisoners said they had not any witnesses. Upon which, Mr. Justice Foster opened to the jury the substance of the indictment as before set forth; and told them that whether the prisoners or any of them were guilty in manner as therein they are severally charged, must be left to their consideration, upon the evidence that had been laid before them.