108 SUSSEX SMUGGLERS.
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
Eichard 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.
Then the Clerk of the Arraigns bid William Jackson and William Carter to hold up their hands, which they did, and he then read over to them the indictment on which they had been arraigned the day before, as principals in the murder of William Galley, and to which they had pleaded Not Guilty.
Mr. Steele opened the indictment to the jury, and Mr. Bankes, the King's Counsel, spoke to much the same purport as he had done the day before.
Mr. Smythe, another of the King's Counsel, spoke as follows, viz.: " I shall only add a word or two, to explain why these two men, who were convicted yesterday as accessaries before the fact to the murder of Chater, and thereby liable to suffer death, should be tried a second time as principals for the murder of Galley :