2016: Jia Jinglong, nail gun avenger 1933: John Fleming, not taking it too hard

1747: Thomas Fuller, Hawkhurst Gang smuggler

November 16th, 2016 Headsman

On this date in 1747, a Tyburn hanging dispatched (along with three other, unconnected criminals) Thomas Fuller, member of one of 18th century England’s most notorious gangs.

Named for their home village, the Hawkhurst Gang dominated the trade in contraband in England’s south from Doset to Kent in the 1730s and 1740s, with the arms and ill-temper to trade blow for blow with crown agents who rightly learned to fear the syndicate. In the process that gang contributed several members to Blighty’s gibbets for various deeds of spectacular violence — gentlemen whom this site will revisit in future posts.

Our Mr. Fuller, however, was by the evidence laid at his trial a mere grunt, and his prosecution targeted the gang’s more routine forms of outlawry.

Despite the smuggler’s romantic knight-errant literary profile — Rhett Butler, Han Solo — it was for 18th century England a vast economic sector organized on a nearly industrial scale. Excise duties imposed on in-demand imports, notably tea but also spirits, tobacco, sugar, and other indulgences, made these articles so profitable to move illegally that it’s a fair bet that they were predominantly consumed as contraband. We have seen in these pages, from a post laid 30 years to the future, that tea smuggling was so commonplace that respectable country parsons made no pretense about securing their refreshments on the black market.

It was enterprises like the Hawkhurst Gang that delivered the leaf to its market.

Exploiting the long coastline, from which skiffs could scuttle to rendezvous with channel shipping, the gang built a storage infrastructure, supply chains, distribution networks. We have a taste of how this worked from the words of the attorney general at Fuller’s trial:

About the Beginning of August last the Prisoner at the Bar, with a great Number of other Persons, all of them on Horseback, arm’d with Fire-Arms, the Prisoner particularly, among the rest, with a Carbine or a Blunderbuss, together with the rest, was on Horseback; and they were then accompanied with several drove Horses, and upon the Horses they rode, as upon those they drove, they carried great Quantities of Tea in Oil-skin Bags, and Half-Anchors, peculiar to those Sort of People; a Peculiarity it is which no Goods besides is carried, in order to elude Justice.

Multiple witnesses in this case described how widespread the practice is; they were needed because the crown case had an evidentiary weakness: everyone knew that posses toting oilskin bags were tea smugglers, but the witnesses had not literally seen the defendant reveal the contents of his oilskin bags. Here is a customs agent named Walker explaining the situation:

Sollicitor-General. What is the Practice of Smugglers in carrying off their Goods?

Walker. Such time as I have been an Officer, which has been ten Years, I never took no Tea in my Life upon Horses, but what was in Oil-skin Bags. Wherever I had a Suspicion, and found Oil-skin Bags, I always found Tea.

Q. How many may you have found?

Walker. Thousands of Bags; when they are in a Hurry, and taken from the Sea, they are in Oil-skin Bags; but when they carry them up into the Country, they carry them in Sacks; there is never a Gang that comes from the Sea-side, but rides with something upon their Horses.

Later, a different officer made an equally important observation about the well-known Hawkhurst Gang: “we never attack’d them, because we were over-power’d.” The Hawkhurst Gang was hardly alone in this. As readily as Britons embraced their untaxed smuggled tea and brandy, the underworld firms that delivered them were growing frighteningly in size and propensity to violence during the 1740s.

Accordingly, they were met by a concerted crackdown by authorities. (And, perhaps more helpfully, a reduction in the tea tax.) In 1745, Parliament had stacked upon the century’s vast allotment of property crimes fresh capital offenses for armed smuggling — no matter whether those arms were actually used. For the case at hand, there was no need to link Fuller to a homicide or the like: only to show that he participated in the normal activities of the Hawkhurst Gang.

As was often the case, it was left to the likes of the Ordinary of Newgate to express in words the ideological message of smugglers’ execution. He did so with great vehemence (but less persuasive effect) when Fuller went to hang:

The common People of England in general, fancy there is nothing in the Crime of Smuggling, but cheating the King of a small Part of his Revenue; and that there is no Harm done to the Community in general, or to the Properties of particular Persons: They think they have a Right to shun, as much as possible, paying any Duty for their Goods, and what they get by their Dexterity in that Manner is honest Gain, to be enjoyed as the Fruits of their Industry and Labour; but a little Consideration will teach them to think otherways, and convince them, that Smuggling is in itself a Crime of worse Consequence to Society, and more hurtful to particular Persons, than many other Crimes which Custom has taught them to look upon with great Abhorrence.

The Prejudice done the Society, and the Damage received by Individuals, next to the express Declaration of the divine Will, are the best Marks by which we can judge of the Degree of Immorality in any Action whatever; and if we judge of their Crime of Smuggling by this Criterion, we shall find it a Sin of deep Dye, and to deserve the Resentment of every Man, who pretends to any Share of moral Honesty.

In the first Place, the fair Trader is injured in his Property by their kind of illicit Trade: He pays honestly the Duties and Taxes charged upon his Commodity at his Entry, which in some Cases amounts to near as much as the prime Cost of his Goods at the first Market; this he must charge upon the Consumer, with a living Profit for his Riske, Trouble and Out-lay of his Money; but the Smuggler, who buys his Goods at the same Market, and perhaps at a lower Price, as he chuses the worst Sort upon running them, is able to undersell the fair Dealer at least one Third, and for that Reason is, by the greedy Retailer, preferred, though the Commodity he deals in is worse in Quality. Is not this robbing the honest Merchant of his real Profit, and forcing him either to sell below what his Goods cost, or leave off a Branch of Trade, to which perhaps, he has served an Apprenticeship, and built extraordinary Hopes upon, of being a Support to him or his Family? I appeal to every thinking Man, if there is any material Difference betwixt ruining a Man by robbing him on the Highway, and this Method of beggaring him and his Family by Smuggling? If there is any Difference in Point of Immorality, it must lie on the Side of Smuggling, as the Evil attending it is more universal, and reaches farther. Few Men carry their All in their Pocket; and not one Man in a Thousand is ruined, by what is taken from him by the Highwayman: But there is not a Ship of Goods run upon our Coast but injures Hundreds; perhaps not immediately, but in Process of Time it certainly has that Effect. Not only the Parts adjacent, and the Dealers near the Smuggling Port suffer by this Means, but the most distant Corners of the Kingdom are affected by it in a few Weeks, in Proportion as it lowers the Price of the Commodity, and diminishes the publick Revenue. But it is this lowering the Price which is the great Temptation; the Cheapness of the Smugglers Goods tempts the Retailer to prefer him to the fair Trader, from a mistaken Notion that it is his peculiar Interest to buy as cheap as he can, and consequently he encourages, conceals, and connives at all the Villainies of this Set of People. But if such a Retailer should give himself Time to think, I believe he might easily persuade himself, that he is robbing Peter to pay Paul; that what he gets upon one Article, he loses on another.

It is evident, Taxes must be paid to support the Expences of the Government; and that every Subject, as he enjoys the Benefit of Government, is obliged to contribute his Proportion to that Expence. It is likewise evident, that if the Duties laid upon one Commodity does not answer the Sum charged upon it, that the Deficiency must be charged upon some other. Thus: Suppose the Duties charged upon Teas, Brandy, &c. falls short 100,000 l. of the Sum allotted to be raised upon these Commodities, is it not evident that this 100,000 l. must be charged upon Soap, Candles, Leather, Sand, or some other Branch? Suppose then a Dealer, by dealing with the Smuggler, saves about half the Duty payable to the King, or, which is the same thing, buys it so much cheaper from him than he would from the fair Trader, and that his Gains upon this Article amounts to ten or twenty Pounds a Year, I mean his illicit Gains, or the Difference between the trading Price and smuggling Price; now, as it is evident, that every twenty Pounds gained this Way lessens the Revenue forty Pounds, he or somebody else must re-place this Sum in the Treasury, by a Tax upon another Commodity; from whence it is as clear as the Sum; that instead of gaining twenty Pounds by his smuggling Dealer, he really loses twenty Pounds upon the Ballance. I own, he may not chuse to deal so largely in these other Articles, as to bring it to this Ballance, but some of his Neighbours may. And as much Money as they pay towards making up this Deficiency, occasioned by the Smuggler; just so much does the Person, who deals with such People, rob out of the Pocket of his Neighbour.

If I was to charge several People, who make no scruple for the Lucre of Profit, to buy Goods which they know to be run, with as foul a Crime as Robbery, or even that of cheating their Neighbour, they would be apt to treat me with some Severity, and think I much injured their Reputation: Yet, upon serious considering the Circumstance attending this Practice, they must at last own, they deserve no better Character than that of a Highwayman and Cheat.

Thus it is plain that Smuggling is a Crime of the most dangerous Nature, both against the Community and private Persons, and as such subject to the Divine Displeasure, as much as any other Felony. It is not only a Sin destructive to Society, and contrary to human Laws enacted for the Peace, Protection, and Subsistence of the State, but is a Sin against the literal Precepts, as well as the Meaning and Intent of Christianity: We are commanded Obedience to Government for Conscience sake; we are commanded to pay Tribute to whom Tribute is due. Our Saviour gave that Answer to the Jews, though that People had as much Reason as any People on Earth, to look upon the Romans as Tyrants, and having no Right to that Tribute, but what they founded upon the superior Force of their Arms; but how much stronger is the Christian Obligation, to pay towards the Support of a Government established? Not by Force or Fraud, butby the Consent of a free People, and conducted by all the Arts of prudent Policy conducing to their Happiness, both in their Religious and Civil Capacities.

If we consider ourselves as several Members united in one Society for our mutual Peace and Protection, we must conclude it the highest Piece of Injustice in us to refuse or evade by Force or Fraud to pay our Contingent of the Expence incurred for such valuable Purposes, as the securing our Religion and Liberties.

If the Government was to make any Infringement upon the Properties of Individuals, or aim at lessening the Freedom of the Constitution, how would the Smuggler and his Friends rail and exaggerate the mighty Grievance? Yet at the same Time grudge to pay their Quota, and take all Means in their Power by Deceit or Violence to cheat the Government of what enables them to preserve Order and Peace in the Community.

These Considerations alone are sufficient to awaken the Conscience of the Guilty in this Way, and to hinder us from affording them an unseasonable Compassion; but there yet remains some other Circumstances to blacken the Blackness of their Crime. These are the Manner in which they go about to execute their Smuggling Purposes.

They go in Companies together, armed with all Manner of offensive Weapons, and escorted by the most profligate Wretches they can pick up: They employ none in their Service but Fellows who have given Instances that their Consciences are Proof against all Checks of Morality, Religion or Law, and whose Courage is equal to the most daring Attempts upon the Peace of the Society. By these Men Perjury amongst others, is looked upon as a venial Transgression, beneath the Conscience of a Gentleman Smuggler to be troubled with. Murder, Rapes, and Robberies are with them but as frequent, as they conduce to their Interest. Their Character, their Cruelty, and Numbers has given them another Source of Encouragement, and a new set of Allies. For Numbers of the Country People who perhaps abhor their Practice, from the Dread they have justly conceived of their Power, find themselves obliged, tho’ against their Wills, to connive at or conceal, and even to assist them, and when they are not willing, they are compelled to lend their Aid. For when a Smuggling Vessel touches on the Coast, those concerned or their Associates meet at a Place of Rendezvous, and press all the Horses they meet with for their Service, which they sometimes return, and sometimes not, just as their Business requires, and the Owners dare not complain for fear of having their Throats cut, or their Houses set on Fire: Not only single Houses, but whole Villages and trading Boroughs are kept in this slavish Dependence upon them, out of real Apprehension of Danger, without any Regard to Profit in dealing with them.

On this day..

Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,History,Organized Crime,Pelf,Public Executions

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