Smuggling & Smugglers in Sussex: The Genuine History of the Inhuman and Unparalleled Murders of Mr. William Galley a Custom-house Officer, and Mr. Daniel Chater, a Shoemaker, by Fourteen Notorious Smugglers, with the Trials and Execution of Seven of the Criminals at Chichester, 1748-9Anonymous
History
Smuggling & Smugglers in Sussex: The Genuine History of the Inhuman and Unparalleled Murders of Mr. William Galley a Custom-house Officer, and Mr. Daniel Chater, a Shoemaker, by Fourteen Notorious Smugglers, with the Trials and Execution of Seven of the Criminals at Chichester, 1748-9
Anonymous
Crime -- England -- History; Smuggling -- England -- Sussex -- History
That in order to enable them to apply the evidence to the several
parts of the charge, it would be proper for him first to acquaint them
how the law determines in cases of this nature; that with regard to
the persons charged as principals, wherever several persons agree
together to commit a murder, or any other felony, and the murder or
felony is actually committed, every person present aiding and abetting
is, in the eye of the law, guilty in the same degree, and liable to
the same punishment as he who actually committed the fact. And the
reason the law goes upon is this, that the presence of the accomplices
gives encouragement, support and protection to the person who actually
commits the fact; and at the same time contributes to his security.
That it is not necessary that the proof of the fact, in cases of this
nature, should come up to the precise form of the indictment; for if
the indictment charges that A did the fact, and that B and C were
present, aiding and abetting, if it be proved that B did the fact, and
that A and C were present aiding and abetting, they will be all guilty
within the indictment.
That accessaries before the fact are those who, not being present in
any sense of the law at the time the fact is committed, have advised
or otherwise approved the fact to be done. These persons, in the case
of wilful murder, will be liable to the same punishment as those who
committed the murder by their instigation, advice or procurement.
He then summed up the evidence very largely, and applied it to the
case of the several prisoners, and concluded, that if upon the whole,
the jury should be of opinion that either of the principals (Tapner,
Cobby, Hammond, or the others charged as principals in the indictment)
did strangle the deceased, and that the prisoners Tapner, Cobby, and
Hammond were present aiding and abetting, they will be within this
indictment.
And if they should be of opinion that the prisoners charged as
accessaries before the fact, did advise, consent to, or procure the
murder, they likewise will be guilty within this indictment, though
they were not present when the fact was committed.
The jury, after some little consideration, gave their verdict, that
Tapner, Cobby, and Hammond were guilty of the murder, as laid in the
indictment: And
Richard Mills the elder, Richard Mills the younger, William Jackson,
and William Carter, were guilty, as accessaries before the fact.
* * * * *
_Chichester, January 18th, 1748–9._
The Judges being in court, the prisoners who were convicted yesterday
were all put to the bar; but Cobby, Hammond, Tapner, and the Mills’s
were set aside, and Jackson and Carter set forward in order to be tried
for the murder of William Galley.
Public-domain text, read in full here on John Shaqi.
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