154 SUSSEX SMUGGLERS.
Common, where Eobb and Winter, commonly called the Coachman, were before them ; that he and Eobb whipped Hawkins with their horse-whips till he owned that the Cockrels had their tea ; that then he and Curtis went and fetched the Cockrels. and as they were bringing them behind them on the road, Eobb and Winter met them and told them that the man was dead whom they had whipped ; that they then sent the Cockrels home and went and took Hawkins* dead body and-carried it to Parham Park and threw it into Sir Cecil Bishop's pond.
Here the counsel for the King rested it.
The prisoner being called upon to make his defence, denied the murder, and said he left the deceased Eichard Hawkins alive and well with Eobb and Winter, when he and Curtis went to fetch the Cockrels, and how Hawkins came by his death he could not tell. This was Mills's defence.
The counsel for the prisoner Eeynolds objected to the indictment, and said, though it might be extremely right with regard to the prisoner Mills, yet it was not so with regard to the prisoner Eeynolds; for as Eeynolds was indicted as a principal in the second degree, he should be concluded in the judgment as all principals are in murder. The court said this was a matter that might be offered in arrest of judgment, but not at that time.
The counsel, in his defence, said the prisoner Eeynolds was no ways privy to or concerned in the said murder; that the persons who brought Hawkins to his house were in a room by themselves, and what they did there was without the privity or knowledge of the prisoner Eeynolds, and that they should call witnesses to prove the same.