106 SUSSEX SMUGGLERS.
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 Eichard 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.
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