On the night of the 2nd September 1821 a smuggling incident took place on the north Kent coast at Marsh Bay, now known as St Mildred's Bay, Westgate. A member of the Coastal Blockade estimated that there were between 70 and 80 members of the North Kent Gang, involved although a member of the gang giving evidence said there were only thirty nine of them. They were obviously expecting trouble as many of them carrying firearms.
Thirty five of them had travelled by foot from Canterbury, a distance of some 15 miles, following the River Stour downstream to Pluck's Gutter where they crossed the river on the ferry before heading north to Marsh Bay. They were led by Stephen Lawrence, who appears to have been the gang leader at the time.
As they were unloading the boat they were seen by the crew of the Coastal Blockade cutter, the Severn, who made a brave attempt to seize the contraband goods and apprehend the smugglers. They were completely outnumbered there being only five of them. Three of them were wounded, one seriously although not fatally so. The fighting went on for about half an hour during which time many shots were fired which could be heard in Margate. During the course of the fracas one of the smugglers, James Taylor, was recognised although all of them escaped. Over the next few months nineteen of the gang were arrested and imprisoned awaiting trial.
The trial was held on 22nd March 1822 before Mr Baron Wood at the County Assizes and reported in the Kentish Gazette of that week.
"Daniel Baker, John Ramsey alias Buffington, Frances Carden, Joseph Clement, Daniel Fagg, Joseph Gilbert, John Gill, Stephen Gummer, John Hagle alias Fagg, John Meredith, Thomas Mount, Edward Rolfe, James Rolfe, Henry Smith, Thomas Stokes, James Taylor, Charles White, John Wilsden, and Thomas Woolett, being in custody together with Stephen Lawrence, Henry Lemar, John Mills, and John Pollard, not in custody; were indicted under the statute 62 George III for having on the 2nd of September last, with others unknown, they feloniously assembled together, armed with firearms and other offences weapons, in the parish of St John the Baptist, in the Isle of Thanet, in order to be aiding and assisting in the illegal landing and carrying away unaccustomed goods, and for having maliciously shot and wounded, and aided and assisted others, who did maliciously shoot and wound, Washington Carr, Thomas Cook, and John Brimm, in the execution of their duty on the Coast Blockade service - Thomas Hey Webster was included in this indictment, but the grand jury found against him not a true Bill."
The report of the trial in the Kentish Gazette makes most interesting reading. All the witnesses, including several of the gang, gave very descriptive details of the incident including the lead up to it and the escape afterwards. The excise officer described in detail how he had personally arrested several members of the gang.
The trial lasted all day and at the end the jury were asked to consider their verdict.
" The Jury, after about five minutes deliberation, found all the prisoners guilty, but expressed a hope that the Learned Judge would, at their suggestion, recommend them to mercy according to any distinction he could draw between them. To them (the Jury) it appeared that there was a great distinction between those who carried arms, and those who did not.
The Learned Judge promised to attend to the suggestion of the Jury, and then proceeded to pass the awful sentence of death upon all the prisoners, intimating however, that it was not impossible that some commutation of punishment might be mercifully allotted to them by the Crown. The trial heard from nine in the morning to half past six in the evening."
In fact all the prisoners, with the exception of Daniel Fagg, John Wilsden, Edward Rolfe and John Meredith, had their sentences commuted to various periods of transportation to Van Dieman's Land ranging from 7 to 15 years.
The other four were publicly executed on Penenden Heath, Maidstone, on 4th April 1822. The report in the Kentish Gazette reads as follows:
"Execution - Kentish Gazette - 5th April 1822
Yesterday morning, pursuant to their sentences at the last Assizes for this County, the five following unfortunate malefactors suffered the extreme penalty of the law, on Penenden Heath, viz. - John Bell, for burglary in the house of Dr. Forster Pigott, at Mereworth; Daniel Fagg, John Wilsden, Edward Rolfe and John Meredith, for assembling with fire-arms, and assisting in illegal landing of unaccustomed goods, on the 2nd of September last, at Marsh Bay, near Margate, when Mr. Washington Carr, an officer, and Thomas Cook, a seaman of the Coast Blockade, were wounded. They were conveyed from the gaol soon after eleven o'clock in the forenoon, in the accustomed manner, to the place of execution, where they all conducted themselves with great fortitude and resignation. Bell first addressed the surrounding spectators, warning, young men especially, to avoid the company of abandoned females, by whom he said he had been deluded and betrayed into his present awful situation. The others severally spoke with much firmness. Fagg said that he took the 9s for his night's service for the sake of his wife and family and did not consider it wrong to be engaged in smuggling. Wilsden solemnly asserted that he had no fire-arms in his possession. Rolfe said that the witness who deposed that he had fired five times had sworn falsely, as he had fired only twice, and Meredith declared that he did not fire at any of the blockade men. All, however, declared their cheerful forgiveness of their prosecutors, and hoped that God would do the same.
The Executioner having made the necessary preparations, they were launched into eternity, and after hanging the usual time, their bodies were cut down and those of the four latter delivered to their relatives, who were waiting with a wagon near their place of execution, to convey them to this City, where they had resided, for interment. The assemblage to witness the execution was immense, the number being calculated at from 10,000 to 15,000 persons.
Too much hope had been encouraged of a reprieve for the unfortunate men till Tuesday morning, when the arrival of the death warrant dissipated every expectation, and they became composed and resigned to their fate. A Petition from the City, very strenuously signed, in the hope that their lives might be preserved, had been delivered by our Worthy Member, Mr. Lushington, to the Home Secretary of State, but, we understand, that the Right Honourable Gentleman expressed his regret, that he did not feel it consistent with his duty to interfere with the decision of the Jury and Judges.
John Gill, convicted and sentenced with the others, but reprieved, has since died in jail."
The arrests were made over a number of months. The following details are extracted from the records at Kew giving the dates of arrest where known:
GAOL DELIVERY, KENT SPRING ASSIZES, 1822
No. Name Age Committed Sentence 75 Stephen Gummer 25 Jan 9 1822 Death but reprieved 76 John Gill 45 Jan 26 1822 Death but reprieved 77 Charles White 25 Feb 2 1822 Death but reprieved 78 Joseph Clements 23 Mar 4 1822 Death but reprieved 101 James Taylor 28 Sep 4 1821 Death but reprieved 102 James Rolfe 23 Sep 26 1821 Death but reprieved 103 John Ramsay
alias Baffington
alias Babington27 Oct 9 1821 Death but reprieved 104 Thomas Hey Webster 32 Oct 9 1821 Discharged by proclamation 105 Edward Rolfe 20 Nov 23 1821 DEATH 106 Thomas Woollett 19 Nov 23 1821 Death but reprieved 107 Francis Carden 31 Nov 30 1821 Death but reprieved 108 Thomas Stokes 51 Dec 6 1821 Death but reprieved 109 John Wilsden 45 Dec 10 1821 DEATH 110 Daniel Fagg 48 Dec22 1821 DEATH 111 Thomas Mount 24 Jan 11 1822 Death but reprieved 112 Joseph Gilbert 19 Jan 21 1822 Death but reprieved 113 Henry Smith 28 Jan 21 1822 Death but reprieved 114 Daniel Baker 26 Jan 26 1822 Death but reprieved 115 John Meredith 28 Jan 26 1822 DEATH 120 John Hagle
alias Fagg27 Feb 15 1822 Death but reprieved
NOTE: Nos.75-78 were charged with assembling together with others unknown to the number of fifty or more, with firearms and other offensive weapons at St. John the Baptist (Margate, i.e. Westgate), in aiding and assisting in illegal landing and carrying away uncustomed goods. Nos. 101-115 were also charged with the attack on Midshipman Carr, while the charge against 120 was similar to that against 75-78 with the addition of the words "and at the parish of Stourmouth" after "St. John the Baptist", an indication of the route taken by the escaping smugglers. The record also states that :
"These said 15 prisoners severally charged on the Oaths of Washington Carr, James Justice and others, with Felony in having on Sunday the 2nd September last with other persons at present unknown to the number of fifty and more assembled together with firearms and other offensive weapons in the parish of St. John the Baptist in the liberation of the Cinque Ports in order to be aiding and assisting in the illegal landing and carrying away uncustomed goods and also for having maliciously shot at and dangerously wounded the said Washington Carr and one Thomas Cook in the execution of their duty on the Coast Blockade Service contrary to the Statute."The four executed men were brought back to Canterbury where they were buried in unconsecrated ground at St Mildred's Church, on 7th April 1822.
There are a number of mysteries resulting from this incident that have never been resolved. James Taylor who was 'recognized' on the beach in fact had an alibi. This was supported by reliable witnesses and by those arrested who all stated that he was not present at Marsh Bay, and yet he was still sentenced with the others. Following pressure from his family the residents of his home town of Margate, who believed that he was innocent, appealed to the Secretary of State to the King and to Parliament for his pardon but it appears to have been unsuccessful. His final fate has never been determined. Stephen Lawrence the obvious leader of both this incident and one the previous year involving the murder of one of the Coastal Blockade at Herne Bay, was arrested but never brought to trial. Later he admitted that he had been at Marsh Bay and had in fact been mistaken for James Taylor and was in fact "the person who spoke the words and did the acts attributed to Taylor.". He also stated that Taylor was innocent. There has been much written on this subject and fuller details can be obtained from the writer of this article. One wonders if Stephen Lawrence was protected by some influential people, perhaps those for whom he was importing the contraband.
One of those executed, John Wilsden, is the 4x great grandfather of the writer of this article.
More details can be obtained from Brian Wilsden on brian.wilsden@btinternet.com
[© Brian Wilsden - My thanks to Brian for this interesting article and please note that copyright remains with Brian and reproduction of this item in whole or part by any means whatsoever is not permitted without his prior written approval]
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