Smuggling & Smugglers in Sussex - online book

An Account of a notorious Smuggling gang in the early 18th Century

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BUSSES SMUGGLERS.                                 115
John Greentree was called again, and said that the coat was very bloody when he found it.
The King's counsel submitted it here, upon which the prisoners being called upon to make their defence,
The prisoner Carter said he never intended to hurt the man, and never struck him, and only intended to carry him away to take care of him till they knew what became of Dimer; and that he had not any witnesses.
The prisoner Jackson said little or nothing, only that he did not kill the man, nor did he know who did.
The prisoners having neither of them any witnesses to produce, Mr. Justice Foster opened to the jury the substance of the indictment, as before set forth, and told them that where several people joined to do an act in itself unlawful, and death ensues from anything done in prosecution of that unlawful design, they will be all considered as principals in murder, if they were all present aiding or abetting therein ; that it was not necessary that each of the prisoners at the bar should be guilty of every single abuse that was offered to the deceased in the long series of barbarities the witnesses of the crown had laid before them; if all or any of these abuses contributed to his death, and the prisoners at the bar were engaged in the several designs against him, and present aiding and abetting the others, they will be guilty within this indictment.
He summed up the evidence very largely, and applied it to the case of the prisoners; and then left it to the consideration of the gentlemen of the jury.
The jury, after some little consideration together, gave their verdict, that William Jackson and William ( arter were both Guilty.
The counsel for the crown then moved for judgment; and all the seven prisoners being set to the bar, and
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