SUSSEX SMUGGLERS. 105
To which the prisoner Tapner said he did not know that they were going to murder the man, but Jackson and Richards threatened to kill him if he would not go with them, and he received three or four cuts from Hammond or Daniel Perryer, but he did not know which ; that Richards and another man tied the rope ; and he denied that he drew a knife and cut Chater across the face.
Mr. Justice Foster told him, that supposing he was threatened in the manner he insisted on, vet 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 lie 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