Proceedings at York Special Commission, January 1813

The following is the OCR text of a book and will likely contain conversion errors. This page is designed to be indexed by search engines. Click on a page number to view the book in your web browser.

The text is believed to be in the Public Domain.

Page 1

PROCEEDINGS

_ AT

ork Special Commission,

JANUARY ©

1813.

-_SECOND EDITION.

[PRICE ONE SHILLING AND SIXPENCE]

iin ’ \

Page 3

REPORT OF PROCEEDINGS UNDER COMMISSIONS OF Oyer & Terminer and Gaol Delivery,

FOR THE COUNTY OF

YORK, HELD AT THE CASTLE OF YORK, BEFORE I Si ALEXANDER THOMSON, ONE OF THE BARONS OF THE ‘EXCHEQUER;

AND

Sir SIMON LE BLANC, Kyieut, @NE OF THE JUSTICES OF THE COURT OF KING’s BENCH;

_ From the 24 to the 12‘ of January 1813.

FROM THE SHORT HAND NOTES OF MR. GURNEY.

To which are subjoined TWO PROCLAMAT TO NS,

Issued i in consequence of the Result of those Proceedings.

Rondon: PRINTED BY LUKE HANSARD AND SONS, NEAR LINCOLN’S-INN FIELDS,

Page 5

HE object of this is, to afford authentic itfor- mation on a subject which has been greatly, and it is to be feared purposely, misrepresented; namely, the real state of the "manufacturing districts of the North of England, in regard to the disturbances which have lately prevailed there. With the view "of correcting the misconceptions which have existed on this subject, it appeared that nothing could be so unexceptionable, and so satisfactory, a3 an authentic Report of what was proved “upon oath before the learned Judges, who, under the authority of a Special Commission, lately sat at York, for the trial of the crimes committed in the West Riding of that county; and, ina great measure, by witnesses who were more or less implicated ‘in the outrages which were perpetrated. At the same time it seemed desirable to record the valuable Jegal.doctrines prenounced by the Jearned Judges who presided at the Trials, and which therefore have been preserved entire ; although some of them convey more instruction to the lawyer than 'to the general reader. I I It may not be amiss here to observe, that as both the Judges rehearsed the whole of the Evidence in summing up the cases to the Jury, it appeared to be unnecessary to swell the volume by giving it also in the form of questionand answer. Although it is conceived that the very clear Statements, by “which the several Cases were developed to the Jury, will suf- ficiently explain to the reader the state of the immediate neigh- ‘pourhood in which the unhappy scenes were acted, yet it may neither be useless nor uninteresting to give a concise account be . sof

Page 6

( vi of the circumstances and causes which Ied to a crisis, such a$ has seldom been exhibited, and never can be long saffered to subsist, in a civilized country ; & crisis little short of open rebellion. 7 In the spring of the year 1811, disputes arose between the masters and journeymen employed in the trade of weaving stockings and lace, which is carried on in the south-westeyn _ part of Nottinghamshire, and the adjacent parts of Derbyshire and Leicestershire ; and without entering into the particulars . of those disputes, which would be beside the present design, suffice it to state, that in the month of November 1811, the discontents had arisen to such a height, that a mob, consisting, ‘of several hundred persons, assembled at Sutton in Ashfield in open day, and broke the stocking and lace frames of vari- . ous obnoxious manufacturers. Before this mob was separated, some of the ringleaders were taken into custody by a party _ef yeomanry cavalry, and were afterwards committed by the , magistrates to Nottingham gaol. From this disaster the mal- contents learnt caution ; and as the frames used in this manu- facture are of a very delicate texture, and rendered useless by _a single blow from a heavy instrument, they seldom, from this time, carried on the work of destruction openly, or iv _ large bodies, but watched the opportunity. of effecting their purpose individually, or in small parties, under cover of the night, and in spots where the machinery was least protected. This purpose was aided by the eircumstances, in which the “manufacture is carried on in the vicinity of Nottingham, The frames, which are of considerable value, commonly be- Jong not to the persons by whom they are worked, but either to the master manufacturers, or to individuals unconnected . with the trade, who let them to the artisans at a weekly rent ; and thug the frames are srattered: in detached houses about : the ‘country, and are psually 1 in the custody of persons. who. have _ no interest in protecting them from violence. 2 In

Page 7

¢ vii _) In the neighbourhood of ‘Nottingham, which was the focus : of turbutleuce, the malcontents. organized themselves into re- gular bodies, and held ‘nocturnal meetings, at which their future plans were arranged. And, probably with the view of I inspiring t their adherents with confidence, they gave out, that they were under the command of one leader, whom they de- signated by the fictitious name of Ned Ludd, or General Ludd, calling themselves Ludds, Ludders, or Luddites. There is no to believe that there was in truth any one leader. In each district, where the disaffection prevailed, the most aspiring man assumed the local superiority, and became the General _ Ludd of his own district. These petty tyrants, doubtless, took their tone from the centre of the operations, but pot far as has been traced) from any individual. Under this system the Luddites, in the winter months, de- strpyed a very considerable 1 number of stocking 2 and face frames, and infused such a terror into the owners of all, as to drive them to the precaution of removing them from the villages and done houses, and placing them foy security ip watehouses, where they could be protected from j injury. The evils, which the misguided journeymen proposed to remedy by their mea- sures, were of necessity much by throwing . 8 greater number of hands out of work. Although detection was difficult from the mode i in which the ‘offences were committed, yet. it didi in some instances take place ; 3 and in the calendar of prisoners _ for trial at the Nottingham ‘Spring Assizes, there were 48 committed for offences connected with the existing disturbances i in that county. ‘As the intimidation of the master manufacturers ang owners of frames was found to render them extremely averse to pro- Segution, and jt was therefore little likely that any prosecutign _ wauld in, their hands: be carried on with effect, it was ‘deemed, by the Government, to ‘be absolutely necessat y for the public that the course of justice should be opened, by taking - ba a - the

Page 8

I ( vis ) the indictments out of the handé of the nominat prosecy- tors. And accordingly the whole of the causes were con- ducted by the Counsel for the Crown. It must be admitted that great lenity was shewn in these prosecutions, None of the prisoners were capitally convicted; and in many of the cases, where they were found guilty of felonies within the benefit of clergy, the punishment awarded fall far short of that which the law would have authorized. How far this lenity was misplaced, will be seen in the sequel. I ‘Whether the Luddites were encouraged by the mildness of the purishments which their confederates received at Notting- ham, or by doctrines which were broached about the same Period, casting doubts on the moral guilt of destroying ma- chinery, or from any other causes; certain it is, that immediately , after the Nottingham Assizes in March 1812, a spirit of dis- ‘content, which had for seme weeks been brooding in other ‘manufacturing districts of the North of England, was ripened I into acts of open outrage ; and we find that the south-western part of Yorkshire, and the contiguous parts of Lancashire, Cheshire, in which the principal munufactories of woollen _ and cotton are established, immediately caught the flame of _ Luddism. Not only did the disaffected assume the appellation of I the same supposed leader, but they followed the example of their Nottinghamshire brethren, in holding nocturnal meetings, dividing themselves into societies, which communicated with each other by delegates, exacting a tribute from all many- facturers in the same trade within their district, requiring obedience from their adherents in any scheme which should be resolved upon by their self-constituted rulers, and above all ensuring that obedience by the administration of an * Oath, ‘binding the party sworn to keep secret their designs, afd to punish even with death any one who should betray their counsels, After securing, as they vainly imagined, a con- siderable

Spe p. 110, 191, 89,

Page 9

( ix ) siderable number of partizans, by means of these illegal oaths, they proceeded to the execution of those purposes which they had primarily in view, namely, the destruction of the improved machinery, which is vitally necessary to the woollen and cotton manufactures, but whieh these deluded men, in their "folly, imagined to be prejudicial to their interests. This idea ‘is proved to have been carried from Nottinghamshire * into Yorkshire. But in the latter county, and iv Lancashire, the principle was acted dpon to a greater degree, and with much greater buldness, than it had been among the stocking manu- Yacturers. Two greater outrages never were witnessed in @ civilized country, thanthe attack made on the 11th of April upon the mill of Mr. Cartwright (which is the subject of one of the succeeding trials t) and the burning of Messrs. Wroe and Duncuft’s manufactory at West Ioughton in Lancashire, on the 24th ‘of the same month, for which several culprits were executed at Laricaster. Yet the spirit of outrage did not stop here: for the Luddites at length did not scruple to avow, that the breaking of the machinery was of no use, while the masters of that machinery were alive}; and from thence they per- suaded themselves that they should render a service to the public by the destruction of those masters, of whom several were personally attacked, and in one instance (which will be detailed hereafter {|) with fatal success. ‘About the same period ‘the high price of provisions caused some riots in the markets at Sheffield, Manchester, Maccles- field, and a few other places, where the venders of provisions were either plundered of them, or compelled to sell their articles far below the market price. The exertions of the Magistracy in Lancashire and Cheshire. had, early tt in the month of May, filled the gaols of those counties

with _ *® Bwidence ot Joseph Sowden, p. 154. ¢ Haigh and others, p. 134. $ See p. 50. J Meloy and others, p. 35,

Page 10

(x ). with prisoners charged with the various offences before alladed to. And upon representations from thence, it was determined to send down, without delay, commissions into.each of those counties, for the trial of such prisoners. Those Commissions were accordingly issued, and were opened at Lancaster on the 9d, and at Chester on the 25th of May. Under each of thas¢ Commissions numerous convictions took place for every grada~ tion of offence ;.and of the capital convicts, eight at Lancaster, and two at Chester, suffered the penalty of the law. In Yorkshire,’ the course of justice was slower; and although the tide of Luddism appears to have been checked _ py the executions in Lancashire and Cheshire, and by the * Acts passed by Parliament relative to this subject, yet no very important discovery of the perpetrators of the more atrocious crimes committed in the county of York, was made _ earlier than the month of J uly. In that month some gommit- ments took place, and information was obtained, which — gradvally led to the. detection of the parties to the nefarious — scenes recorded in the following pages. And it is but justice to say, that these discoveries- have been in 2 great measure “owing to the unremitting zeal and persevering courage of one magistrate residing in the very hotbed of disaffeetion, near the town of Huddersfield, Early in the present winter, the gaol of York having become thronged with prisoners, and some of them committed for very heinous offences, it was resolved by Government to issue Commissions for bririging them to an immediate trial; and those Commissions having, been directed to Mr. Baron Tuomson and Mr. Justice. Lz Bane, they appointed the ad of January for opening them at the Castle of York. The cases which will he detailed in the following pages, svill exhibit a melancholy por trait of the depravity of human -nature.... We see young mon, capeble-of- gaining, am “ample , livelihood

* 52 Geo. HL 6, 17, 19h 490, 362,

Page 11

(xi J livelihood by honest industry, led to the commission of the ‘most heinous crimes, without any adequate, it may almost be ‘said, without any, motive. They fancy themselves aggeriev- ‘ed by the improvement of machinery. They take” redress into their owa hands. To secure their object, they form societies, linked together by illegal oaths of secresy. They ‘thus fancy that théy have secured to themselves impunity, and ‘they proceed to the perpetration of the most horrible outrages on the property and persons of individuals, against whom they are actuated by nod personal. malice; arid do not even stop ‘short of shedding the innocent blood of men, who have giveh no other cause of offtnce, than by firmly pursuing their lawful ‘callings, not only in a harmless but in that best cat- culated to promote the interests of the community. We see, in several Instances, that the disaffected had ex- perienced such success, as to make them speculate on * over- setting even the Government of the Kingdom; and it is to be feared, that the embers of revolutionary principles, which had been smouldering for several years, were revived in the country where these scenes were acted, by the fancied grievance ' of improved machinery, and the temporary success, which its — destroyers met with in the vicinity of Nottingham. Encou- ‘Tagement was given by the doubts cast on the moral turpitude ‘of these crimes ; and the evil was raised to its height. by the religious fanaticism, which unhappily exists, in an excessive I degree, in those populous districts. The supposed grievance ‘of which these deluded men com- plain, arising from the improvement of machinery, has been denominated a fancied grievance. It wotld be wasting time to I argue upon ‘the undoubted right of every stibject of this king- doin ‘to’ conduct his trade i in such manner as he may deem most conducive to his own Interests, unless where the of I co" Pailiament

. . : . §

. Ae .

* See pp. 89, 112, 124.

Page 12

( xii ) Parliament bas controlled, him by regulations; ~ But the events of the last year prove that it may not be altogether superfluous to shew how it is that: the improvement of machinery is bene-. ficial, instead of being detrimental, to the interests of the la- bouring manufacturer, aswell as to the community at large. It is obvious, that the demand for any commodity increases with its cheapness, and that the purchaser will resort to the market ut which it is sold at the lowest rate ; and therefore, that every. thing whfch contributes to the cheapness encreases the demand, aud gives an advantage to the market, where such cheapness exists, over all other markets where, from local causes, the commodity cannot be sold at so low a price. Where the demand encreases, the number of hands employed will encrease also. But nothing has been ever found to contribute so much to the cheapness of a manufactured article, as the ise of machinery, which enables the same work to be done, not oaly in less time and with fewer hands, but by persons of earlier age and of less robust constitutions, than can render themselves useful while all the operations are to be performed by bodily strength. Hence all the members of a family are now enabled to contribute towards its support, instead of relying (as formerly was the case) altogether upon the exertions of the husband and father, who still has many parts of the manufacture to which he may apply bis vigour, and earn ample wages. What then would be the consequence, if the endeavours of the disaffected could succeed in the expulsion of machinery? The wif and the young childrer would be thrown out of employ ; the husband and the father must support them entirely by his own labour ; the price of the manufactured goods would be raised, the purchaser would resort to a cheaper market, where the use of machinery was encou- raged ; the trade would decay; the manufacturer would gradu- ally discard his journeymen, or reduce their wages ; while theiz _ families would become more and more burthensome ; anu finally, nothing but poverty and misery would prevail,» A notion

Page 13

( xii) A notion has been entertained by some, that the disturb- ances have been in a great degree ascribuble to poverty and distress, arising from the want of foreign markets for our manufactures. It has been already stated, that at a few towns, in the spring of the last year, there were some riots arising from the high price of provisions ; but in the neighbour- hood of Huddersfield, which was the metropolis of discon- tent, not the least symptom is to be discovered of Luddism having arisen from these causes.. On the contrary, many _of the prisoners tried at York rested their defence on stories, which depended for their credibility on the fact, that work was

superabundant.

It is-now tinie to close these Preliminary Remarks, and to proceed to the Report of the Trials. But there’shall be first given an alphabetical List of the 64 Prisoners delivered out of York Castle upon this occasion; which, by containing 2 _ statement ef their residences, occupations, and ages, and of the crimes with which they were charged, will exhibit at one view the seat of Luddism, the description of its adherents, and the offences which are. imthediately connected with .it, or are _ consequential on it; and by containing the result as to each prisoner, with a- reference to the relevant page, will serve as an index to the book.

c Alphabetical

Page 14

€ xiv)

Alphabetical LIST of the PRI

ANSON, - - - - - - ARMITAGE, Abraham - - - _ BAINES, John, = ee BAINES, Jehu, juaior - — - - - BAINES, Zachariah = - - - - - BATLEY, Jvhn = - - - - - - BEAUMONT, George- - - «-« - BLAKEBOROUGH, William - = BOOTH, Samuel - - - - - BROOK,George = eet BROOk, George - - - - - - . a . I BROOK, James . - - - - - - BROOK, John - - - - -

BROOK, Joseph - - . - = = °

BROOKES, George

CARTER, Joseph - - - - - COCKCROFT, Charles - - COOKSON Craven, - - - -

‘CROWTHER, Joseph - - - -

DEAN, Jonathan - - -

- -— =

DYSON, James vo - es

‘ EADON, Jobn - - ry - = ~~

4 BROOK, Thomas - - « ° I

SO NERS delivered from the Castle of

Residence.

‘Elland, Holmfirth,

Halifax, D°

_ Holmfirth,

Halifax,

Huddersfield >

Dalton,

Lockwood,

Dp Raistrick,

Lockweod, Holmfirth, Greetland,

Huddersfield, Bamsley, -

Sowerby,

Huddersfield,

Halifax,

Barnsley,

Thornhill, .

i

Longroyd Bridge, I Cloth-dresser,

Occupation.

Shopkeeper, Labourer,

Hatter,

, Sheemaker, _ Labourer, Clothier, —

Labourer, .

Shoemaker,

Cloth-dresser,

4

Dp?

TaNor, Cloth-dresser, pD° Cotton-spinner,

Cloth-dresser, Weaver, —

Cotton-spinner, @

Cleth-dresser,

Shoemaker,

Weaver,

Page 15

YORK, under the Commission of Gaol Delivery,—in Januany 181 3.

Offences. : Result. page.

i gene

Charged with Burglary at Far Town, on 29 November - - Mscharged with’ 14 ischarged on Bail to atipear , Indicted for Burglary and stealing Arms at 18 May to the Ind ‘ctment, -when Charged also with four similar Burglaries, ou 7, 24, & 29 June required

Convicted of administering an unlawful Oath to John > ; 115 at Halifax, on - - - = Transported for 7 Years 206 I

———

Convicted of abetting the same Offence - - -{ -- D- - - Indicted for the same Offence - - - - - - -| Acquitted - - 115

Convicted of Burglary and stealing sundry Goods at Kirk: q Hanged, January 6 - Heaton, on3July - Indicted for Burglary and stealing Arms at Foolstone, on 2] - 18 May; Discharged on Bail, &e. 905 Charged also with five similar Burglaries, on7, 24, and 29 June

Convicted of abetting J. Baines in administering unlawful Oath 2 ; 115 Indicted for rippingLead from a Building at Halifax, on 15July § Transpor ted for 7 Years ;

men ee ts

Indicted for breaking Shearing-frames of J. Hirst at Lindley, 7 on 23 February ; Discharged on Bail, &c. 205 Charged with another like Offente on 15 March 2 -- - Indicted for breaking Shearing-frames of two persons at?; = = po |. 1 40: Lindley and Linthwaite, on 23 February - - <-§ ~ poy Indicted for Burglary and stealing a Gun, at Wooldale, on 1 May: -- D . 905 Charged with seven other Capital Felonies in steating Arms, and breakitig Shearing-frames - st Fe Acquitted of beginning to demolish William Cartwright’s Mill ; , 134 Indicted for and charged with the same Offences‘as the pre- - - p - - - ceding prisoner. = ite - - - Q 205 The same as James Brook - - - DW - -, -} dos Indicted for Burglaty and stealing divers Goods at Kirk- ? \ tted Heaton, on 3 - - - - -§ equi . ~ I 167 Convicted of beginning to demolish William a Hanged, January 16 - ne Millon 41 April - - -- = - I 21 Indicted for Burglary and stealing Guns at Foolstone, on 18 May ; Discharged on Bail, &e. - I 205 Charged also with five similar Burglaries, on 4, 7, and 29 June. I Admitted Evidence apainst Joseph Crowtlier and otlrers - = - I Discharged - - 186,196, 211

Charged with beginning to demolish Cartwright’s Mill Discharged with! Prosecution.| 205

Indicted for administering an unlawful Oath to ‘emer I Broughton, at on 8 August os - Acquitted by consent « [114

191 Convicted of robbing a House at Far Town, on 29 November ; 32 5 5 Charged with other Burglaries on same day - - - §| Hanged, January 16 - 2 an Convicted of beginning to demolish William Cartwright’s Mill ; 154, Charged with eleven other Capital Felonies m destroying - - DW. - ~2 Machinery, and stealing Arms. - os 211 Convicted of abetting John Baines in administering an unlaw. - 7 - 115 ful Oath ee eee Transported for 7 Years ; 306 Charged witli beginning to demolish William Cartwright’ s Mill, Discharged withovt Prose- and with four acts of breaking Machinery ‘cution - - - = - - {211 Convicted of administering an unlawful Oath to Richard , § 1104 Howells, at Barnsley, on 21: May ; Transported for 7 Years ¢ I 206

Indicted for similar Offence un 8 August mes - I Acquitted by consent ~ $114

(continued)

Page 16

xvi +d

~ id at pe me ae

Alphabetical LIST of the

. Name. Residence. Occupation. FISHER, Joseph - Briestwhistle. Coal-mine, Robet- - - - - -{° Holmfirth, I Weaver, I GREEN, Thonias - ~ = = - Horbury, . Carpenter, HAIGH, James -— - - - = - Dalton, Cloth-dresser, HAIGH, Joshua - - - - - Lockwood, D° HAIGH, Samuel - - - - - - Holmfirth, I J abourer, HARLING, Samuel - - - - -| Crossland, Hawker, HARTLEY, William - - - - - _ Warley, Tailor, HEY, James = ee Skircoat, Woollen-spinner, HEY b- - += =. + =|. Greetland; Waterman, _ HILL, John’ -— = - - 77 D Cotton-spinner, HILL, Mark - - - - Dalton, Cloth-dreseer, HINGHLIEFE, Benjanin - - - -| I Holmfirth, Laboyrer, HIRST, John =~ I Liversedge, ~ I Cloth-dresser, HOBSON, Cornelius - - - - - Nether Thong, p> HOYLE, Nathan - - - -. - Skircoat, Weaver,

LODGE, George - - - - - Huddersfield, Cloth-dresser,

LU MB, Jolin - ~ - - Thornhill, Coal-miner,

MELLOR, George - - - - - I Longroyd Bridge,} Cloth-dresser,

MILNES, Charles - + - - - Halifax, Cardmaker, MOORHOUSE, David - - - - - Kirk Burton, _ Stonemason,

OGDEN, John - - - =, = =| Huddersfield, I Cloth-dresser,

RIGGE, George - . - . . D° pe

rTRISONERS delivered from the Castle of

Age.

— ae

roa

Page 17

I

( xvi)

YORK, under the Commission of Gaol Delivery,—in January 1813.

Offences. . Result. page.

Convicted of Burglary and stealing sundry Goats at Rirk- ? Heaton, on 3 July = -4 Hanged, January.16. - ote

18 May.

Indicted: for Burglary and stealing Arms: at Foolstone; "t - fe Charged with a similar Burglary on 29 June - -

Poot dies harged with a Burgl d stealing di G t Nethe wy Log SL er a prealing ¢ ivers Goods at’ at 3 Discharged with’ Pregecution.| 244 Convicted of beginning to demolish Witiam Cattwright’s Mill; - , oe... 2. glase Charged with three other Capital Felonies in breaking Hanged, January 16. -¢ I 208 Machinery - - - - - -. fr - ~§ 211

Charged with beginning to demolish William Cartwright’s Mill ~ Discharged with’ Prosecution. 211 Indicted for Burglary and stealing Arms at Foolstone, on ff

18 May;

Discharged on Buil, 205 Charged also with a similar Burglary-on 29June’- -~——- § a ETP Charged with threatening the Life of Joseph Radeliffe, Esq. - Discharged with® Prosecution. 241 Convicted. of Burglary and stealing Arms at fkircoat, on} = 99 August ; 7 §. a

Charged also with feur other Burglaries, and with breaking

Shearing. frames -

Hanged, January 16. 2 Ho

29 November;

Convicted of robbing ia a Dwelling-house at Far Town, ony ‘De ; 191] ° - - «- - 2/908

Charged with five Burglaries on same day - - - Ss 211 Convicted of and charged with the sqme Offences as William _. D . Hartley . = - . I 211 The Same - 5 eee eee ef ee DP 181, 208, 911

Charged with beginning to demolish tke Mill. of oo wae . Cetwright - - = = eS Discharged with Prosecution.| 211

Indicted for Burglary and stealing Arms at Foolstope, on 18 May| Discharged on Bail,~&c. I 205

Discharged on Bajl, fc. |-205

ee ee we Eee

te he

ee ae

re hE

Indicted for beginning to demolish William Cartwright’s Mill - I Acquitted = - - - I 134

Charged with an unlawful Oath to Robert Harling |Discharged with‘ Prosecution] 211 Convieted of and charged with the same Offences as James Hey I Hanged, 16 Jan. 191, 208, 211

Indicted for breaking the Shearing-framés of two persons “J Discharged on Bail, &e. I 205

Lindley and Linthwaite, og: 23 February -

Convicted of Burglary and stealing divers Goods at Whitley 2 [Sentenced to be hanged, but 9 Upper, on 4 July—-bat recommended to mercy by the Jury §| pardoned on condition of I 08 being transported for life. I 211

Indicted for beginning to demolish Willian) Cartwright’s Mill, 5 ; _ for two cases of breaking Shearing-frames, and one case of } I Hanged, January 8. 134 stealing Arms; = - - \,- - -

Charged with nine other Capital F elonies. - - - -

Convicted of abetting John Baines in ad ministering an nolaw- ful Oath; = -

Indicted for ripping Lead froma Building at Halifax, on 15July;

Convicted of the Murder of William Horsfall, on 28 April; Transported forny Years. ; 115

Charped also with stealing Ball-cartridges from the Cumberland 206 Militia - - - - - - - - - > . Indicted for a Burglary at Kirk-Burtof, on 11 June - Acquitted by consent. - I 203 4 154}

Convicted of beginning to demolish William Cartwright’s s Milt, I

on 11 April - _ _ _ _ _ 7 Hanged, January 16. -¢ I 208

211 vere with the same Offence - - -~ = - Discharged with'Prosecuiion.| 211

¢ continued >

205 F

Page 18

( xvii)

Alphabetical LIST of the PRISONERS delivered from the Castle of

“2. Residence. Occupation. Age.

ee pane ean AL A ae —

SCHOFIELD, John, jun. - - -

Nether Thong, Cloth-dresset, : Zi,

SCHOFIELD, Joshua - -. - - Huddersfield, De . 23,

SHORE, John = - - - - . Holmfirth, Labourer, 32, SISWICK, Benjamin - - - Horbury, I p° 25, SMITH, Jon = 9 - + = -- - Kirk-Burton, Butchery - 33,

SMITH, Thomas - - - - ' .| Huddersfield, Cloth-dresser,

STARKEY, James -, - + Liversedge, Carpet-weaver. 22, SWALLOW, J obn - - 7 - - I . Briestwhistle, , Coalminer, 37, TAYLOR, John = ~ - a Holmfirth, Labourer, 26, THORNTON, Charles - - - - -| Lockwood, I Cloth-dresser, I 19, THORNTON, Joseph - - - - - Huddersfield, Dp 29, THORPF, William - - - *© - p° - 23, VARLEY, James. - - - - - - Lockwood, © Dp 35, WALKER, Benjamin - - - - =| LongroydBridge,| =~ D° 25, WALKER, John - =~ et Dp D° 31, WALKER, John - - - - Salford, D° 58,

WHITEHEAD, William Quick,

Clothier,

Page 19

( xix )

YORK, under the Commission of Gaot Delivery,—in January 1813.

Offences.

Indicted for maliciously shooting at John Hinchliffe at Upper Thong, on 22 July

Charged with beginning to demolish Cartwright’s Mill I - Charged with a Burglary at Whitley - - ee - Charged with a Burglary at Shittlington - - 2 Indicted for the same Offence as David Moorhouse - -

Convicted of the Murder of William Horsfall, on 28 April; Indicted for beginning to demolish Cartwright’s Mill, and for two cases of breaking Shearing-frames; - - - ~ - Charged with nine other Capital Felonies - - - +

Acquitted by consent. «

Hanged, January 8 -

————

Traversed to the next As-

Indicted for inciting two men, on 5 September, to blow "Pe - = sizes. - >

Cartwright’s Mill - = - - -

Convicted of Burglary at Whitley Upper, on 4 43 aly j 3° Charged with five other Burglaries = - -

Hanged, January 16. -.

Indicted for Burglary and stealing Arms at Foolstone, on 18 May I Discharged on Bail, &c.

Indicted for Burglary and stealing a Gun at Wooldale, on 1 May Indicted for the same Offence as John Taylor - = -

Convicted ef the Murder of William Horsfall, on 28 April - Indicted for beginning to demolish Cartwright’ 8 Mill, and two cases of breaking Shearing-frames - = - Charged with five other Capital Felonies - - - -

Indicted for Burglary and stealing Arms at Weoldale, ont L May, and at Foolstone,on 18 May - = -

Hanged, January 8.

Discharged on Bail, &c.

Committed as an Accomplice in the Murder of WilliamHorsfall, and admitted Evidence forthe Crown - - -

Convicted uf beginning to demolish William Cartwright’s Mill, I

Discharged - = - 4

Indicted for two cases of breaking Shearing-frames ; 3; oe - Charged with five other Capital Felonies = -- - -j

Hanged, January 16. }

Charged with breaking Shearing-frames at t Almondbury, on 15 March -

Charged with Robbery at Lydgate in Quick, on 20 April

Discharged with‘ Broseeution.| 4

Page 21

proceedings At the Session of Oyer and Terminer and Gaol Delivery, for the County of Yorf, held at the Castle of York, in January 1813.0 |, I

epee

N Saturday, J anuary the 2"4, the Honourable Mr. Baron Commission Tuomson, -and the Honourable Mr. Justice Le BLanc, opened. ‘opened the Commission.

Monday, 4 January 181 3.

ATTER the usual forms, the Grand Jury panel. was called, 6RAND over; and the following Gentlemen were sworn: ‘JURY.

The Honourable Henry Lascexves, Foreman; The Honourable William Gordon, Sir Bellingham Reginald Grahany, Baronet, © Sir Henry ' Carr Ibbetson, Baronet, Sir Mark Masterman Sykes, Baronet, Sir John Lister Kaye, Baronet, I Robert Frankland, Esquire, John Robinson Foulis, Esquire, : James Archibald Stuart Wortley, Esquire, - Thomas Davison Bland, Esquire, Joseph Radcliffe, Esquire, Thomas Norcliffe, Esquire, John Bell, Esquire, Ralph Creyke, Esquire, — Hail Plumer, Esquire, 4 Thomas Duncumbe, Esquire, ==: John York, Esquire, Richard Bethell, Esquire, _ Richard Stainforth,, Esquire, + Robert Harvey, Esquire, x John Wilmer Field, Esquire, oe . Henry Willoughby, Esquire, and ; Richard York, Esquire.

Baron Tiomson, then deliv ered the Charge:

GENTLEMEN or Tue GrakoIwounsr, I , bone “ WE are assembled, by virtue of His Commission Mr. Baron ‘ to exercise the criminal judicatare in this county, ‘at-this Thomson’s Gnusual season of the year fur the occurrence of such solem- Charges ‘nities. None of us, however, can be insensible.of the necessity : which exists for a speedy investigation of the charges agaipst (2. ) . B . the

oa d

Page 22

2 I _ CHARGE TO

the very numereus class of prisoners in your calendar. You . will perceive-1 allude. to those persons, who are accused of. having participated (and several of them in repeated instances) in those daring acts of tumultuous outrave, violence and rapine, by which the public tranqnillity has been disturbed thron ‘that reat district im the West Riding of this. county, for a period comprising, with little intermission, almost the whole of the year which has just elapsed. © +

Those mischievous Assocrations, dangerous to the public peace, “as well as destructive of the property of individnak subjects, and in some instances of their lives, seem to have originated in a neighbouring county, and at first to have for their object merely the destruction of machinery invented. _ for the purpose ef saving manual labour in manufactures: a . notion, probably suygested by evil designing persons, to captivate "the working imanntacturer, and engage him in tumult and crimes, by persuading him that the use of machinery occasions a decrease of tbe demand for personal labour, and a Consequent - decrease of wages, or total want of work. A more fallacious: and unfounded argument cannot be made use of. It is to the excellence of our Machineiy that the existence probably, certainly the and flourishing state, of our manu- factures are Owing., Whatever diminishes expense, increases consumption, and ‘the demand for the article both.in the home ss and foreign market; .and were the use of machinery entircly to. _ be abolished, the:cessation: of the manufacture itself would soon ‘follow, inasmuch as other countries, to which the machinery. would be banished, would be.enabled to undersell us.

The spirit of insubordination and tumult, thus has spread itself into other manufacturing districta; and when large bodies of men are once assembled to act -against law,. the transition unliappily is too easy from one irregular act ta another, even to the highest af crimes against society. And: we find that the destruction of tools has been succeeded, by destroying the houses and the workshops of:the manufae- turers;.it has led to,-the wolent. robbery of arms, to protect the tumultuous in their illegal practices, and to enable them to resist or'to attack successfully; and-frem thé robbery of arms. they have procedded .to.the general plunder of property of every description, and even to the -murder, the \delib: rate assassination, .of such -ag were supposed to .be hostule to. ther A temporary impunity (for the law, though sure, is slow) has ledvem these: deluded persons from one atrocious. the dreaking of shears to the stealing of step, tonightly to the destruction vf pr ands 08. , The peaceful tend - industrious -inbabitants cof the couritry,, : eHORMOUS pructices have been committed; have sO had;

N

eos

-

Page 23

GRAND JURY. I 3

had the misfortune to suffer in. their persons and pnaperty, from the acts of men confederated against society, and exeeuting © the purposes of their association under ‘circumstances carrying with them the utmest terrar aud dismay. Arn.ed bodies of these men, in some instances several hundred ia number, ap- ~ organized under the command ef leaders, and generally avith thei: faces blacked or otherwise disguised, have attacked: the mills, shops, and houses of manufacturers and others, by. day as well as by night, destroyed tools worked Ly machinery, and in some instances shot at the persons whose property they, “thave thus attacked, But the worst of these misdeeds is yet, behind, a most foul Assassinatiou. While such outrages aa, those mentioned were carrying on in that, part of the country, @ person ima respectable station of life, returning from Hudders- field to his residence at Marsden, was fired at and shot fro bebind the wall.of ap inclosure near the road, receiving “several ‘wounds, of which he died shortly after. With this murder some of the prisoners in the calendar stand charged; and it . will be your province to enquire into.the foundation of that, as well as every other charge to be preferred before you against any of the prisoners, and to treat them as the evidence before you, in your judgment, shall require.

4

Probably it may be thought requisite, in order to substan- tiate the charges against the persons accused of being concerned in this murder, or other offences that may comme before you, that the testimony of an accemplice should be which is necessary, in -many cases, in order to prevent the worst offences from eseaping punishment. You will however attend ‘o it with caution, taking into consideration all such ‘circumstances as may be laid before you, tending te confirm I his evidence, and to satisfy ypu, that in his narrative of the transaction, in which he would involve others with equal guilt with himself, he is worthy of credit. Sueh testimony (that is, of an accomplice) is undoubtedly competent, and it is at all times to be received and acted upon, though with a sober degree of jealousy and caution; and with sueb caution, you, Geatle- men, in the frst instance, and more eepecially those who shell I be charged with the determination of these important issues ja their final resort, w will consider them.

With regard to the guilt, which persons may incur by & en- gaging in any riotous assembly, the Statute of 1 George I. - commonly ca'led the Riot Act, has enacted, That if any persons, ao the nuimber of twelve or more, who shall be unlawfully, --riotously, and tumultuonsly asseiibled together; to the dis- turbance of the public peace, shall not disperse, I but continue in that state for the space of an hour after such proclamation — made as is directed in the Act, they shall be guilty of Felony without benefit of Clergy. “And by the same Statute, if any

Ba . persons,

Page 24

4 CHARGE TO

persons, so unlawfully, riotously, and tuniultuously assembled together, to the disturbance of the public peace, shall unlaw- fully and with force demolish or pull down any dwelling house or other buildings therein mentioned, they shall also be guilty of Felony without benefit of Clergy.

So also by the Statute of g George III. it is made a capital Felony, for persons, being riotously and tumultuously assembled, to pull down or demolish, or to begin to pull down or demolish, any wind saw-mill or other windmill, or any watermill or- other mill, or to set fire to the same. In addition to which, the Act of 43 George III. cap. 58. -has provided against the maliciously setting fire (2mong other things) to any mill, warehouse or shop, with intent to injure or defrand any of the’King’s subjects, by subjecting the offenders, their coun- sellors, aiders and abettors, to & Capital punishment. I

I do not know whether the offences, of which any of the prisoners are accused, were committed under such circum- stances, as will bring them within any ofthe Acts I have stated, so that indictments may be framed upon them ; but it’ seemed not unnecessary to state these Statutes, in order to call your attention to them, in case any. such indictment should be preferred. But there is one Statute, which appears to apply to the . charges against the greater number of the prisoners; those who are accused of having destroyed shears employed’ in the woollen manufacture. By the Statute of 22 George III. cap. 40. 1f any person shall by day or night break into any house or shop, or enter by force into any house or shop, with I intent to cut or destroy any serge or other woollen goods in — . the loom, or any tools employed in making ‘thereof, or shall wilfully and maliciously cut or destroy any such. serges or woollen goods in the loom or on the rack, or shall wilfully or maliciously break or destroy any tools used in the making any such serges or other woollen goods ; every such oflender “shall ‘be guilty of Felony without benefit of Clergy.

Several of the charges in the Calendar, will probably be brought before you tn the shape of indictments, either at com- ‘mon law for burglaries, or robberies by violence from the person, and will deserve your seriqus attention. Other indict- _ments will probably be preferred for maliciously shooting at persons ; which, by the Statute of George I. is made a capital . felony, though death does not ensue. _ Udo notknow, whether any indictments will be brought before you against any persons as access:ries, cither before or after the. _ fact, to any felonies which may become the objects of your en- I quiry; but it may not be unnecessary tostate, upon this occasion, . that there may be accessaries to all felonies committed before and, after the fact, whether coramon law, or createdsuch by. statute : 2

Page 25

GRAXD 5

statute: an necessary ‘before the fact being one, who, being absent at the time of the crime committed, does counsel, og I command another to commit a felony ; andan accessary after the fact being a person, who, knowing a felony to have been cum- mitted, receives, succours, comforts, or assists the felon: And generally, any assistance given to the felon, to hinder his being. apprehended or tried, or suffering punishment, miukes the assist- ant un accessary ; and, in some instances, accessaries to felo- , nies are deprived of the benefit of clergy, as well.as principals.

I There is also an offence, which the law dendminates Mispri~ sion of Felony; which is, the concealment of a felony which a yan knows; and which is punishable as a high misdemeanor. °

+ There is yet one species of offence contained in your Calen- dar, which deserves to he particularly adverted tu, because it is, in all probability, that which has been the means of pro- _ guring many of the deluded people, who haye been guilty of the Qutrages imputed to them, to embark and to continue in such I crimes : I speak of the offence cf administering Unlawful Oaths, By the Statute of 37 George ITf. Cap. 123. it is enacted, That any person who shall, in any manner or form whatsoever, ad- minister or cause to be administered, or be aiding or assisting at, or present atand consenting to, the administering or taking of any oath or engagement purporting or intending to bind the I person taking it to engage in any mutinous or seditions purpose, I or to disturb the public peace, or to be of any association, so- ciety, or confederacy, formed for any such purpose, or to obey the orders or commands of any committee or body of men not Jawfully constituted, or of any leader or commiander, or other person not having authority by law for that purpose ; to, inform or give evidence against any confederate, or _ other person; or not to reveal or discover any unlawful combi- nation or or not to reveal or discover any illegal act done or to be done ; or not to reveal or discovef any illegal oath or engagement, which may have been administered or tendered to or taken by such person or persons, or to or by any other person or persons,: or th rt of any such oath or engagement; this offender a be guilty of felpny, und may he transported for any term not exceeding seven -years : and every person who has taken any such oath or en id ‘ment, not -being compelled thereto, shall also be adjudg guilty of felony, and may in like manner be transported:. With a proviso, that compulsion shall not excuse any party taking such oath or engagement, unless he shall, within four ‘days alter the taking of it (unless prevented by actual force or sickness, _and then afterwards within four days) declare the same, toge- ther with the whole of what he or she shall know, touching the

. same, apd the person or persons by whom and in whose pre-

syuce, and when and such oath or engagement was eo . . administered

Page 26

6 CHARGE TO

administered or taken, by-information on eath, in such manner’

as is directed by theatct: And all personsaidiny and assisting at, or present and consentury to, the administering or taking of any such oath or engigement, as well as all who cause such to be udaiinistered or taken, though not present at the administration — of them, shall be deemect principal. ottendeis, and be: tried ax. such, though the person who actually sneh oath or engagement shall not have been tried or convicted. bt is. also enacted, Thatit shall not be nceessary, in any indictment. against any persun er persons administering or causing te be administered or, taken, or taking, any such oath or envagement,, or aiding or assisting at, Or present at and censenting to the. administering or taking thereof, to set forth the words of such

or engayeinent, and that it shall be sufficient to set forth

the purport of them, or some material pert thereot: With a proviso, that any engugement or ebligation whatsoever, it the nature of an oath, shall be deemed an oath within the meaning of the Act, in whatever fora or munner it shalt be administered or taken. . By asecent Statute, the 52d of the present King, cap. '104, and which took eflect from the ninth of July last, it is prox vided, “Phat every pe-scn who shall administey, or be aiding or assisting at the administering of any ‘oath or engagement, pur- porting or intending to bind the perso: taking the same ta gonimit any treason or murder,.or any felony punishable by law with death, shall suffer death as a felon without benefit of clergy; and every person who shall take any such eath or engagement, not being compelled theretc. shall be guilty of.” teluny, and be transported for life, or for such ‘tein of years ag the court before which he shall be wied shall adjudge: With provision for tndemnifying a person taking the oath, on hig éscoyering the same, and cymplying with the terms preseribed -

‘hy the Ach ‘

‘No one, who seriously reflects on the infinite mischiefS that muy happen to suciety, from persons associated for any unlawful purpose whatsocvergthus binding themselves to each other

wader what they are taught to consider a3 the sanction ef an oath, and cementing their ‘union in wickedness by this profane

appeal to the Almighty to witness their desperate engagements, ean conceive that the punishment which the Levislature has provided for such offences, is in any the least degree severe.

You will perceive, that in the course of the dddress, with

_ which Phave now troubled you, [ have forborne to advert to

‘any other offences in the calendar than those which appear'to

be connected with the fatal disturbances in the West Riding,

which have produced such dreadful consequences; because fam, wot aware that any other indictments will be brought before

you upon this ‘occassion, - And if there should be such, those

other .

Page 27

-

I , GRAND JURY. ether offences do not appear to me to ‘be of a nature, thaf to

gentlemen of your descripugn, and accustomed tv such enquirtesy would call for any observation froin me.

_ J cannvt.conchie without expressing the utmost confidence country may sately rely on the vigilance and attention, with which you will proceed in the-examination of the different to be brought before you. No indignation at the - outrages, which have been will excite any prejadice da your minds, when you are weighing the evidence ugatust =~ each accused, and deciding how far he 4s personally implicated in the crime imputed to him. And however those, _ who have been engaged in these desperate outrages which we . @Meplore, have thereby deapised and set at naught the laws ard _ their authority; yet the persons, whe are now the objects of I your enquiry, will find that those laws will continue. to be I adminjstered, not more for the -‘etection and punishment of the guilty, than for the protection and safety of the laynocent. A cannot conclude without also expressing a therouzh con- fidence, that, having discharged the-duty which bas assembled . you at.this tiie, and returned to those parts of the county where you respectively reside, your earnest endeavouns will constantly be exerted to restore and preserve the public peace, and to coavince these, who are liable to be seduced from their aluty by the arts and delusions of wicked and designing men, of _ the fatal consequences attendant on their giving. way to such evil solicitations, or in any disturbance af the puvlic “peace and tranquillity ; and that yeu-will, on all oceasions and — . ameyery aituativa ia which the country enjoys the ‘benefit of , your be-earnest and zealous to inculeate a firm alle- to. iis Mejesty's Thrane, and a:reverence to tre Laws, _ sad thus te prameté that general regularity and order, upon . which depend the peace aad the comfort of civil suciety.”

I Tuesday, °° January 81g.) Tre Krvw. _. THE. Prisoners were armigned on I _ _. 2gainst

_ for burglariously breaking the Dwelling-hopse of John Swatiow, Samuel Moxon, at Whitley Upper, onthe 3d of July ¢ Batley, . hast, and stealing sundry articles, the property of Wjl- } Joseph Fisher, & “Diam Moxan ;—aad sevarally pleaded, Not Guilty, . } Je2y Lams.

. The Jndictment was’ opened by Mfr. Richardson.

Park.—May it please your Lordships; Gentlemen of the Jury, ‘Fhe indictment, which hus been fully stated to you, . _% a common. indictment for the crime of burglary. From’ I _ that alone, therefore, there would appear.nath m2 _ Uousval m-our pit:ent but, from the aunrber of per- . fons here met: tagether, and. from the circumstances uuder I which

Page 28

+

8 THE KING AGAINST which this burglary has been committed, it is quite impos-

. sible that it can be tried as a common case of that sort.

Gentlemen, [ am not aware that all of you (and probably

the contrary case) were here yesterday, .to know

what ground it ‘was that you have been called: together at so

unusual a period. of the year. Though I believe every one of you (as I have collected it. from the panel from -which you have been called) lives at from the place in question, it 18 quite impossible that.any man in the mest

remote corner of the kingdom cen be otherwise than apprised

of the dreadful disturbances that have been taking place in one district of this county for a considerable~ period of time, amotnting almost to a state of actual ; and. the prisoners at the bar are charged as being a part of the gang implicated in those disturbances.

Gentlemen, it has been thought wise by those, who admi- nister His Majesty’s Government, to send down a Commission to try the persons charged with these offences. And in so

_ doing they have acted most wisely for the public interests,

most humanely towards those who may be innocent of the crimes with which they are charged, and most justly towards those who have been the objects of these attacks; for it is fit they should be satisfied, that themselves, their-houses, and their property, will be protected by the arm of the Law, It is of

_ the greatest’ importance in every well-regulated government,

that those who either commit, or meditate to commit, great and heinous offences, should be soon convinced arm of the Law is able to quell such: disturbances, and restore peace to those who have been so grievously offended, as many of these prosecutors have been. And it is of great importance, in.a lenient point of view; to those charged with offences, that if the crimes, with which they are charged, cannot be

brought home fully to-them, and therefore-in. point of law

they are not guil:y, although they should happen to be morally guilty of the offences with they are charged, they should not be kept froin (which I hope those who niay be sent forth from hence, by verdicts, or by any lenity om the part of the Crown, will go forth to earn) an honest livelihood. —Those are the grounds, on which have beer troubled to come from-London, and-this' great county has bern assembled, at this period of the year.

Having stated this, I will proceed to. detail the circum- stances of the particular case you, knowing perfectly:

_,well.that no motives upon earth, but an anxious desire to’ da

"justice under the solemn sanction of that oath which bas just been administered to you, will lead yy either to convict or acquit any of the persons who may be brought before you.

Iti is the greatest consolation: to every man; who loves the

constitution

Page 29

SWALLOW, AND OTHERS. 9

constitution of his country, that there is such .a tribunal as this; for, being all sworn under a sanction, which poe all feel, no indignation at the conduct of individuals will lead you to depart from fhe straight rule of Law, on the one hand; nor will any base or cowardly fear, on the other, prevent your doing that justice to your country, which the necessity of the case may demand from you. For it will ever be remembered, and - it has been stated by one of the wisest men who ever sat in a Court of Justice, that at the same time that every pity. is due to persons in the unfortunate situation of the prisoners, or to persons whom wicked and crafty men lead into such eireumstances; there is also a very. great pity due to the country; and to all who are so disturbed in the peaceful and quiet possession of their premises, their property, aad their Jives. - . ag Gentlemen, the four prisoners at the-bar were concerned, as ‘ I stated, (and you will always understand, and I say this as a previous caution, that where I state facts positively, as I shall de, I am not alleging that they will be proved exactly as J state them to you; you will attend to the evidence, and not to my statement of it; and my only reason for a minute statement - is, to draw yeur attention better to the evidence when it is laid before you by the witnesses ;) the four prisoners at the bar stand charged with having, with some others, gone to the house of a person of the name of Moxon, on the night of the third day of July in the last year, and committed the burglary in question. The circumstances were these, without applying them, at pre- sent, to any of the individuals now you:: Four or five persons (which, I believe, the prosecutor, whose has was attack- ed, magnified by his fears into a larger nurnber of seven or eight, though but only two or three entered his house) called. for admittance very vociferously, and- fired against his house. It has come to my kaowledge, and will to yours, Gentlemen, not only in respect of the present trial, but, if you should sit as the _ jury onvany othergt will appear to be the constant course, that when houses are assailed, they begin (quite unusually from. other cases of burglary) by intimidation, by firing off arms as they approach the house, to convey terror and dismay to those _ who are within. And it will appear quite astonishiug, what a degree of terror this occasioned in the minds of the persons attacked. There was used a great degree of force, and threats, and every sort of intimidation, till Moxon, the prosecutor, opened his deor. ar

Samuel Moxon, who js:the prosecutor, is an aged person: he bas a squ, ving with him in the house, of the name of William Moxon. © William Moxon is a married man, and has a family of children ; and there are living in this house also an sO, Cc apprentice

Page 30

10 THE KING AGAINST 7°

apprentice’ and’ a journeyman. Samoel Moxon is ‘not here; through age and infirmity he is totally unfit to be brought hither, and he knows nothing of the fact, except what his son will fully prove. When the house was opened, a person rushed, . in, covered with a smock-frock, or some white garment put over his clothes. He seized William Moxon, and insisted on his delivering arms; which is always the first demand made by those who commit these offences under the name of Luddites. Aloxon answered, “ We have no arms.” ‘‘ Why then,” says the man, ‘“ you have some.meney.” Upen which, Moxon de- livered them a one pound note, and ten or twelve shillings in silver. He was then hurried into the parlour by this same man, who was armed with a pistol, and it was said to him, “‘ We know that more money is in the house; and if you do not give us more money, we will blow your brains out.” Upen which, Moxon delivered two one pound Bank of England notes, ‘which he had about him. He was told that he should be fired at if he did not give them; and some one of the prisoners said, stand out of the way; I will fire at him.” However, no firing took place to injure him personally. They then went into the cellar of the house, took out a good deal of property, hung beef, tongues, seven, eight, or nine pounds of butter, and a quantity of linen, which was hanging on what is called a winter- hedge, (I understand it is something of the nature of a clothes- horse:) And you will find the goods were afterwards divided among some of the prisoners.

- This, Gentlemen, is the body of the crime,—-this is the crime itself. Now, the questionits, How do I fix this crime on the prisoners? On that subject (anless my instructions totally deceive me) F never saw a clearer case. In the first place, £ shall call before you.a person, who is an accomplice (I state that to you in the oufset) a person of the name of Earl Parkin. The Law on the subject of accomplices, I state to you now, Gentlemen; subject of course to his Lordship’s opinion, and that of his learned Brother, by and by, knowing that I shall be set right, if I should inadvertently state it wrongly; but it shall be my earnest wish, never to mistate any principle of - Jaw. I may be mistaken, but ¥ will not endeavour to mislead you. An accomplice is of course a person involved in similar guilt with the prisoners; he was along with them, otherwise he could not relate the circumstances, But the Law of Eng- land has said, and has said wisely, that, inasmuch as the most enormous crimes weld go unpunished, if accomplices were not’ examined, they are-competent witnesses, and are witnesses who may be examined before any other corroborative faets are piven in evidence: they are witnesses, upom:the credit of whose I testimony

t

Page 31

SWALLOW, AND OTHERS. abe ‘ testimony @ Jury are te pase their judgment, whether they are speaking the truth. In that respect they stand in the situation of other witnesses. But, inasmuch as they come into cout. . themselves implicated in the same offence, Juries will look at ‘their evidence with a greater degree of scrupulousness. In . the dreadful situation in which this has been placed, : it: is almost impossible to obtain the ends of justice, -ealliag accomplices. It is most important, for our best and dearest interests, that they should be called; and a happy thing it is for the cquntry, that if, these men have, from‘ any ‘bad passions in theix own minds, or by the solicitations of . others, been led into error, these errors.are eadeavoured to be Still always you must examine and sift their evi- dence. The course which hus been usually adopted, and which -will be adopted. upoa this occasion, certainly is to give.corrobo- raluve evidence. .We shall give decidedly corroborative evidenee upon this trial; we shall call witnesses to you, who will confirm the accomplice in many particular parts of his story. But here I would ‘interpose a-caution, in which I shall have his Lordship’s for I have heard his Lordship lay down similar law, I have heard dther judges lay down similar law, and I am satisfied I shall lay it dywa rightly :—It is not neces- “Sary, Ror can it be, that the accomplice should be confirmed in I every fact. If that coyld be done, we should not want him at all, It is default of evidence upon these facts, which renders eit necessary to call the accomplice. Therefore the circum- stances to be looked at by the Jury, are his own demeanor and . conduct in giving his evidence, and whether he-is confirmed _by other witnesses in such particulars as render it proper to give credit to that which he states. I I

£ Under these circumstances, therefore, I shafl catl the accom- “plice, who will tell you this; That the foar prisoners and himsélf ‘had assembled together; that they had conversation about varius acts of Luddism (as it was called,) and that they set out on the night of ‘the third-of July, to commit the robbery m question: They went to a place called Bedford’s Cabm. Several of them:there pulled off their shirts, and put them - over their clothes, for the purpose of disguise. You will find : that they were further disguised, by taking soot from the back of the chimnney, and rubbing it over their faces. And this is - unother most material circumstance, that these disguises, which ‘arein themselves a very high crime, and constitute the essence of all the crimes Jately committed in this county, create a “diffictlty of convictipn; becanse it is quite impossible that any “of those; whose houses or persons have been attacked, unless “'théy: happen: forttinately: (as is sometimes the case) to know Shevoices or the -generat mgnner of the men by whom they . Cc 3 are

~ ’

Page 32

12 THE KING AGAINST

are attacked, can speak to their persons: So that the very essence of the crime (as I before stated) constitutes the difficulty of conviction. I shall call-before you another person, Samuel Parkin, who - was solicited to accompany these men upon this transaction. He was threatened and intimidated, and did go a considersble length with them. Whether he would in the - eye of the law be considered an accomplice, I will not say ; but he did not know the particular errand upon which they were going. When they approached within two hundred yards of the placeone of the prisoners, of the name of Swallow, said, Old Samuel Moxon has a few guineas laid by him, and we will yo and take them.” This witness immediately said, “ If that is what you want, I wifl go no further.” Upon which they said to this man “ Then we will shoot you.” “ Well,” says he, “ Tam determined not to go. Shoot you may, if you please, bat [ will not go.” And accordingly he stopped. But the case does not rest here. I shall call a witness before you, to prove what is certainly a light cireumstance ; but itis by light circumstances that justice is sometimes brought: about. Itis astonishing what very small circumstances, when compounded together, will make out such a case as will render it impossible for a jury not to convict. I shall call before you Jonas Boocock, a man, who that afternoon, before the robbery ‘was committed, saw two of the prisoners at the bar, and Earl Parkin the accomplice, near the garden of one of them, in close conference. He spoke to them, knowing them perfectly well, and said, “ Why you old pensioners have gotten all summed up together ;” upon which Swallow said, “ Aye, but we have been more ;” that is, we have been more persons together.

Now, Gentlemen, I come to the most important feature-m the case, as to confirmation of the accomplice. I shail call

you a person, who lives.near to Moxon’s house, who was

going home at the: time they appreached Moxon’s house, and who met in his way several men, two or three with blacked faces, and two with shirts over their clothes. His attention ~ was excited, he came near enough to touch them, he observed one was carrying and one a sword; one of them called out (and he will prove his knqwledge of the voice) and desired him to walk off; he continued however to. observe them, and one of them (and the vaice he verily believes was Fisber’s) _ called out.to the man who had the gnn (and which you will find was Ear] Parkin the.accamplice) to fire, and Earl Parkin obeyed, and fired over his head. The man, whose name Js Peace, in consequence of this, did sheer Off a little, and gptan the other side of the hedge; but keing saspicious they,were about some harm, he turned bagk along the feld and quickened : is

Page 33

~

e

SWALLOW, AND OTHERS. =~ 4g

his pace, 60 as.-to give himeelf the appearance of a different person ; but they knew him, aud called out'to him, that if he

did not go off they would fire at him, and they threw a stake .

at him, which hurt him upon the loins; aad one of them, even followed him to his house, and said, “ You are about like” (that is, as ] understand, you are in good luck) “ to meet with such

quiet chaps as we are, or you would have been dead loag

since.”

Here then is an accomplice, who is to swear to the whole of the crime. How then is this accomplice confirmed? He is

confirmed’ by Boucock, who saw these men together in the afternoon; he is confirmed by Samuel Parkin, who went with _them a great way, but retreated, and would go no further; and he is moreover confirmed by Joshua Peace, who has no more concern in the transaction than any of you, and who will tell you that he heard of the transaction at Moxon’s the next morning. ‘ He will confirm the accomplice in these material points, the having the shirts over their clothes, which Moxon will also confirm; the having their faces blacked, the having shot over his head, and those other circumstances I have enumerated. And when these facts are proved, I am ata loss to see how any case can be stronger.

But the case does not stop here: I shall go on to confirm this. You, who fill a different situation in life, I dare say are not quite aware, how very lightly persons in the situation of the prisoners at the bar, who have been involved and glory

in these transactions, and think that there is a merit with ©

society for what they are about, how lightly they communicate things to each ether, which those in a different situation of life would never dream of communicating. This observation I make, because you will find, that very soon after the trans- action, a conversation took place, in' whieh there was a decided acknowledgment: by Swallow, that he had been at Moxon’s house during the rébbery. He met one Littlewood en the, 6th of July, the next day but two after the fact, the night of what is called the Gig Fair at Wakefield; he met him on Grange Moor ; they were acquainted, and talked about the times; Swallow said, “ If you knew how to do as well as I do, there would he-no occasion to work.” And after some .farther conversatium, be agked Littlewood, “ Have you heard what has been done at Moxon’s?” Littlewaod said, “ Yes, I did hear what was done-there.” Says Swallow, “ There was little got there, but nine or tew pounds of butter, three notes, and some clothes; but if. we go to a house, and pass as Luddites, it is only going to the door, and there is no resist- ance made.”—For the reagon J gave yeu,: that. they came with

guch intimidation upon pour. unfortiinate. persons like the a . 4 Moxons,.

Page 34

4 THE KING AGAINST _Moxons, living in lone houses, who have no protection, even bf ‘servants, that they have not the ceurage to make any resist- cance, and they generally plunder them when they find no arms, . He then urged Littlewood to become one of them, a ‘common course with them also.. He said, “ No, he would not;” he immediately made known the circumstances of this case.

Now, Gentlemen, I could eonfirm Littlewood: also, if it . were necessary ; but he is no accomplice. At the time they iwete ‘talking, two-men came up, Roberts. and Sykes, aud they will prove that they saw their acquaintance, Littlewood, with another man. And. here is the fact of con- firmation. Swallow was afraid of being seen talking with . Littlewood, and he threw himself down upon his belly, that ‘they might not see. his face when they.came up.

Gentlemen, when these unfortunate men were committed to this Castle, there was a prisoner for debt in the Castle, who ‘was an old acquaintance and neighbour of Lumb, gne of the ‘prisoners at the bar. and the very next day after they came into custody, this man said to, Lumb, his neighbour, ‘ What ‘have you been doing to get here?” (an extremely natural ‘enquiry for a neighbour to make;). and in the presence of I Fisher, one of the other prisoners, Lumb said, “I am_ here about Moxon’s ‘stir.”. That of itself would prove nothing, ut would not prove his guilt, but only:that he had been: ‘se t ‘bere upon such but-he added, «<I was not with them anbreaking into the house, but.I was within about twenty ‘yards of them when they did the job, bat I have shared-‘in ‘the stuff they took.” Fisher was present at this, and Fisher ‘himself afterwards said to the same effect; and they both laid the blame on Swallow. Now I do not state that as evidence against Swallow. -I should be extremely blameable if--I did, -beeanse whatever anyone of them said, not in the presence of ‘another, would be hothing against that other. Lumb said, 45 J. was not with them in’ breaking into the heuee, but I-was about twenty yards.” His Lordship will tell you, that in point of law, if a ‘number of men engage together in an un- — <luwful purpose, they are all involved in the guilt; ‘it is- net necessary that all sheuld be engaged m each partieuler act. -I€ ane waits atthe door, while another goes in, they ate all ‘equally And most fortunate it is that the law is so, for ‘otherwise, a man about to commita rebbery, would- send 3 ma child to commit the robbery, who was net-the fit object of an aealictment. But the Law has ‘said, whoever stahds to aid dand abet. these who.commit -an offence of this kind, or usés sny weapen necessary fer the defence of those committing: the they areal equally guitty. Fisher said, sabe: both. blamed Parkin ao: walk te Swellow. - I state thatas — . against

Page 35

SWALLOW, AND OTHERS. a5 against the man whom I am about to call as a witness;. and { Lave no doubt they justly blamed him, fer have very little , Teason to suppose that he was not equally culpable at ‘that time with them.

__ This person, who was a prisoner for debt, afterwards spoke also to Swallow. Upon seeing him, he said to him, “ Why, what have you been thinking of, to go and rob “Why,” said he, “ I do not know what I was thinking about; _ tobe sure, I was there, and it cannot now be helped.” So thas here is complete proof, here is an admission of the fact ow behaff of three of the four prisoners, throwing the blame on each other, certainly. It does not- affect Batley 5 he. is nos _ implicated by their declarations,

I cannot tell what instructions my learned Friends may y have with respect to the prisoners, and therefore I feel it my dut ty to the conntry and to you, I'feel it pattieularly my duty to Lordships, in cases of this sort, to’ leave nothing short of giving perfect ‘satisfaction to the ‘Court and to you, who:have so very painful and anxious a duty to discharge ; and mine 16. not less painful. I apprehend the defence will be, that the © prisoners were not there. I have the examinations, which I shall read to you, of these four persons, all of whom admit the fact, except Swallow. But I donet want his examination, for I shall have his admission, irfdependently of the witness Parkin. {1 have the examination of Batley, who says, “I was not in the (which ‘he: certainly was not) “ but I was Rear to the house at the time.” Then he was upon the spot,. he was one of those who went there to assist in that robbery ; he assisted ‘by his presence, he assisted by his encouragement and excitement of the others; and I need not state to you, that in any transaction of life, there is a great comfort and coun- tenance given by having other persons Joined with you. Fisher gays, that at the request of Swallow and Parkin he went with them, on the night of the 4th of Juty, being mtimidated _ by the threats of Swallow and Parkin, who threatened to kilt him if he refused to go. That is no excuse for the crime; it May ‘be a reason in His mind,.or the minds of ‘those who exercise the power of Government, for a difference in punishment, but it is no reason with you. Then the pri- soner Lumb says, that om the night of the 4th of July last I he was in company with Swallow, who produced pistols, and. asked him. to go along with him to Moxon’s; that he went to within an hundred or-an hundred and fifty yards, and there. stopped; and did not assist. in robbing the house. Very. likely not, but that does net signify, as I have already staked to you. ’ Yon will perceive there has been, in theve examingtions, an extremely careless blunder ‘on the ‘part of the Clerk of ‘the

Page 36

‘Mr. Baron

- Thomeon’s ,

Summing

16 THE KING AGAINST

istrates. This is described as the night of the fourth of July; there is, however, but one night in question, so that no doubt can arise from this error; and I only mention it for the

purpose of shewing you that it is not overlooked.

Gentlemen, this is the sort of case Ihave to lay before you. J have entered into it, perhaps, more at length than their Lord- ships will fully approve; but.I thought it my bounden duty, at least in the first of these cases, to enter largely into it, that you may be fully aware of the manner in which I hope to conduct these prosecutions. It is an extremely painful duty; but it is a duty that we must perform, with tenderness and atterftion, eertainly, to the prisoners’ interests, but with manfulness as it tegards the interests of the public. .

THE Witnesses for the Crown and for the Prisoners were then examined; but as.their. Evidence is fully stated in the learned

Summing up, it is thought needless to detail it in this ce.

_ Mr. Baron THoMsoN,

Gentlemen of the Jury, a -

THIS is ah indictment against the four prisoners at the bar, Jokn Swallow, John Batley, Joseph Fisher, and Jokn Lumb ; charging them all with a capital felony. For the charge is, that they, upon the third of July last, about the hour of one in the night, broke and entered the dwelling-house of Samuel Moxon, at the parish of Kirk-Heaton, and that they there stole the quantities of silver coin which are enumerated in the indictment, together with some promissory notes for the pey- ment of money, and some bank-notes, the property of William Moxon; as aloo some other articles, such as provisions, butter and so on; together with hnen stockings, and other articles, which are laid to be the property af that William Moxon.

The question for your consideration is, whether these pri- soners, or any, and if so, which of them, are guilty of this- charge, which is brought against-them in the way I have stated. And this charge, as you were told in the opening by the Coun- I sel on the part of the prosecution, so far as it is to affect the prisoners at the bar, is principally to be supported by the evi-

dence of an accomplice, who, you were rightly also told, is a

competent witness to be examined before a jury; but, though competent to be examined as a witness,'is to be heard with extremely great caution; and juries are always advised by the Court,to pay no more regard to the evidence of an accomplice, than as, in the course of the enquiry, they shell find him con- he, a firmed

Page 37

¥

SWALLOW; AND OTHERS. 17

firmed by some unimpeachable testimony in some part of that Mr. Baron evidence he has so given, so as to induce the jury to think that, Thompson's

hotwithstanding the charactér with which he himself stands Sum

bef6re them, he is entitled to credit. For, if an accompiice is materially confirmed in his evidence by such testimony as the jury think is unimpeachable, then, notwithstanding the cha- racter in which he stands before them, he is to be heard and to be credited by them. And you were rightly also in- ‘formed; that it was not necessary an accomplice should be confismed in every circumstanee he details in evidence. That would be almost a matter of impossibilityy and if every circum- -Stance to which he has spoken could be confirmed by other evi- dence, there would hardly be occasion to take the accomplice from the bar as a prisoner, to make him a witness here; that 18 certainly too much to be expected, ard never is required. It is quite sufficient to see; that, in some material facts, the wit- ‘ness, whe shall have been an accomplice, is confirmed to the

satisfaction of a jury; and.that confirmation need not be of - circumstances; which go to prove that he speaks truth with

‘respect to all the prisoners, and with respect to the share they -have each taken in the transaction ; for if the jury are satisfied that he speaks truth in those parts in which they see unim- “peachable evjdence brought to confirm him, that 1s a ground

for them to believe that he speaks also truly with regard to the.

ether prisoners, as to whom there may be no confirmation

Now, if will be for you to attend to the evidence which has been laid before you in support of this charge. The first witness ts William Moxon, a son of the prosecutor 3 that is, the person whose house ts charged to have been broken ‘into by the prisoners. The property in that house is laid to be the property of this Wiliam Moxon. He states, that his father is tenant under a Mr. Beaumont; that he (the witness) lives with his father; and that there was a foreman and two appren- tices living in the house at that time, namely, inthe month of July. He says, that upon the third of July, about midnight, _ or early in the morning, the family having gone to bed between “nine apd ten, he was disturbed. He éxplains what that distur- -bance was, He was called by his journeyman; who came and awakened him. That journeyman is not here. Probably he was the first person who heard any disturbanee -whatever. He says, the man came to the room door; and in consequenée of what he said, the witness got up and went out of the room. Before he left the room, he had heard 2 noise and distur- bance at the door, and voices of some men. He went into the house-part; which is apart from his room ; the outer door opens to the house-part, and there heheard:a of voices. ‘The first thtng that he beard was the firing of arms. This he positively, It is rather strange thing, that if these I . D fire-

ming

Page 38

Mr. Baron Tiiompson’s Summing Up»

98 _ FUE KING AGAINST

firé-arms were Ict off, the accomplice should nut speak pésitively to the fact; but he does not. But this man cannot be mis-

_taken; and it appeared to him, he says, as if there were two

shots, and they were striking at: the windows. ‘There were no shutters to them. Fonr of the quarries of the windows were broken, and the duor was demanded te be opened. It was in sisted, he says, that the door should be opened: and the ery was, as nearly as he ean recollect, ‘“‘ Open the door.” He ¢ane not say whether that cry came from one or two. On the door being opened, a man rushed in disguised. There had been a ire in the house-part, which was nearly gone out. ‘That man bad a pistol in one hand, and a@ large knife, or surnething of thas kind, in the other. He appeared to the witness te have some+ thing I’ke a shirt over his other clothes. That is a stance for your attention, when you come to hear the other evidence. He said, “ I demand your nroney in a moment.” The’ witness could then hear a noise on the outside. ‘The man who

. had entered elapped a pistol to the witnees’s breast. ‘The wit-

hess told the man, he had got very little morey in the house, and that he had been out that day to Huddersfield to pay for some wood, he himself being a joiner; that he had only a guinea note and some silver in the house. The man said, be miust have it. ‘The pistel was held at the witness’s breast. ‘The witness went into a bed-reom where the money was. The man followed him. The witness gave him the maney, which he toak out ofa cupboard : there was a guinea note and some silver, some~ ‘where near twelve shillings in diflerent sorts of coins} shillings, and tokens. The guinea note was a Wakefield bank note. THe ‘man left him in the bed-room, and ordered him te stuy there.

‘The witness saw him go into the house-part, and in at the doer

that leads into the kitchen. As he was yoing in at the kitchen: . ‘door, the witness heard him say, “ What, is that watch agait 2” This he spoke to the men in the house, who had rushed in when. hecamein. The witness had seen two or three come in, when this first man came in. He came to the witness again in the . bed-room, and said, that was not all the money they had got ut the house, and if he (the witness) did not look quick, and find. him some more, he would blow his brains out. He wag armed. ‘as before with a pistol, and something like a knife in his hand The witness answered, that they had no more money, he was sure, unless his father had some; and: he did. not know that he - had any. His father he describes asa very infirm man. The anan asked where his father was, and said, if he found him (the: father) and he did not find his money, he would either stab ‘Ain, or stick him, or some words to that effect. ‘The wife was inthe room in bed, andshe offered to get hima candile,. ‘to let him look into the drawers. He said he would not have any candle, he would make the witness find the money. The wit-

mess recollected that fo epe-peugd Bank of England:

notes

Page 39

SWALLOW, AND OTHERS. 19

Aotes, and he put his hand into his breeches pocket. The man then said, “ I see you have got your money in your pocket ;”

and he then put his hand into the witness’s pocket. ‘Lhe wit- |,

ness is not Sure whether he gave the notes out himself, or whe- ther the man took them out, but the mar had them, and said, “Is that all?” He then put his hand into the witness’s left- ‘ hand breeches pocket, and finding some papers, said, “ What is them?” The witness savs, that he had some silver in that pocket; that he told the man, the papers belonged to some wood he had bought at Huddersfield ; and the man either gave those papers back, or left them in his pocket, but had the silver, all but a shilling ; and that he is not right sure, whether he took it, or the witness gate it tohim, It was about four shil- lings, a6 nearly as he can tell. The man then left him in the

bed-room, and went into the house-part. Some other men,

were in the house-part with him. . When the man came out of the kitchen'to demand more money, there wis another man in . the house-part, who said to the man that had taken his ’ money, “ Stand agait, and 1 will shoot him.” A candle was lighted, as the witness was going out of the house-part into the bed-room to get the man the money the first time. The can- dle was lighted by the other persons by the fire, and they went into the kitchen. He speaks then of some’ wearing apparel being taken; a shift, about seven shirts, some stockings, and other wearing apparel ; and also a piece of boiled beef, and about nine pounds of butter, and a neat’s tongue. ‘The money wag his, and the butter was his; and the wearing apparel belonged some to him, and some to his father, and some to other per- ‘sons who inhabited the house. He states, that he knew none of these persons, ‘They appeared to be disguised. They came into the house, as nearly as he can guess, between twelve and one, and went out between one and two.

This is the evidence which is given by this witness, the son of the person whose house was “robbed, and which evidence goes to shew that the house was robbed under the circumstances which are laid in this indictment, namely, by breaking and enteriftg that house; for, though the door literally was opened

Mr. Baron

‘Fhomson’s

Summing -

by one of the family, if that opening proceeded from the inti- -

qiidations of those that were without, and the force that had ‘been used, knocking at and breaking the windows, calling and insisting on the door being opened, and firing of guns; if under these circumstances the persons within the house, were induced to open the door, it is as much breaking by those who made use of that intimidation to prevail upon them so toopen the door, us if they had actually burst the door open. So that you must see upon the evidence given by this man, that unquestionably the house was broken open, and that the property in that hause was stolen of the description i inthe indictment. But I na wha

Page 40

Ne. Baron Vhamson’s dbumuming

pe

10 . THE KING AGAINST

who were the “offenders in this case, this witness is wholly unable to relate, not being able to speak to the persons of any of them, only to their being disguised, and to the circumstance.

of their having, two of them at least, something that looked liked shirts over their clothes.

They next call a witness of the name of Jonas Boocock, wha states, that he lives in Grange-lane, in Whitley Upper; that he is a coal-miner, and lives about two miles from Swallow the prisoner, whom he points out; and says he remembers the night when the robbery was said to be done at Moxon’s;

that between three and four o’clock on the day, on the night

of which the rubbery was committed, he saw Swallow in a garden which he has near his own house at Sawood, and that there were with him the prisoner Joseph Fisher, and Earl Parkin

_ whois the accomplice. Swallow was upon his garden-hedge bank,

about a yard, as nearly as he could guess, from the boughs of the hedge ; the others were on the other side of the hedge, as near as they could stand. The witness said to them, “ What, - you two or three old pensioners are got together ?” They were talking together before he got to them. The prisoner Swallow said, there had been more of them, and he mentioned their names. He might stay with him about ten minutes, and then he left them together. This witness, you see, fixes the time of his seeing the prisoners Swallow and Fisher, and Earl Parkin, together at this garden, to have been between three and four in the afternoon of that day, on the night of which this house - was broken open. Parkin states their having been so together at this place, but will not say whether it was that day or the day after. He says that he has known Earl Parkin perhaps half a score years, but not intimately ; that he was an undere taker himself at the coal pits at which Farl Parkin and

; Swallow worked, and was acquainted with them before that. -

They then call Earl Parkin, who states himself to be a caol-miner, living at Briestwistle, about a mile and a half from Moxon’s; that he knows all the four prisoners ; that he remem- bers the night on which Moxon’s house was robbed; that Swallow the I prisoner is a coal-miner; that he lived neighbour

‘to him at Briestwistle ; that Batley is q cloth-maker by tradeg

that he lived at a place called l'hornhill Edge, two ‘miles from Moxon’s s, F isher then lived about a quarter r of a mile from his (the witness’s) house ut Briestwistle. He was a coal-miner. Luyb was a coal-miner, who lived at Thornhill Edge; and Batley a lodzer in his hotse. Ile states, that the night. that Moxon’s house was rebbed be met the prisoners at a place

‘called Fallas, in a ¢oal-pit cabin belopging to John Bedford ;

this was by appointment, Swallow had made the appointment with him. Ile had seen Swallow in the town of Briestwistle,

in the open’street, Qnly he and Swallow wore together, Ife

Li

Page 41

SWALLOW, AND OTHERS. 23

mays that Swallom said they were going to rob Moxon’s that Mr. Barna” night, and he mentioned that he (the witness) was to make Thomson's ready and meet them at Bedford’s at eleven at night, or not I later than twelve. He lives near Swallow, and he thinks “?- be had not seen him that day before. He knows Boocock, and saw him either that day.or the day after (he does not know which) at Swallow’s garden, and there were present Swallow in his garden, and he and Fisher outside of the hedge. . Boocock, you recollect, had brought these persons together, qs he says, in the afternoon of.the day preced- ing the night on which the robbery was committed. This witness says they were together, but he cannot say whether jt was that day or the day after. He says, that when the ap- pointment was made for meeting at night, Swallow told him he was to bring a gun; and he carried a gun with him. He went a litf{le before twelve. There were Swallow, Lumb, Fisher, Samuel Parkin (who it seems is the brother of this man) the witness himself, and They met at Bedford’s cabin, nearly a mile from Moxon’s house. The witness had a gun, Swallow had a gun, and Fisher had a-sword. Swallow brought a pistol, which he gave to one of them, he does nof exactly know to which. Swallow and Batley took off their shirts in Bedford's cabin, and put them on the top of their clothes, You will recollect that the witness William Moxon stated, that two of the men in the house had something abpve -their clothes, that had the appearance of being their shirts, Earl Parkin states that this was so, and says that those twa were Syaligw and Batley. Swallow and Batley also blacked their faces with grime trom the chimney. He thinks that no others than Swallow and Batley blacked their faces. They all six left the cabin together.. He thinks it was abeut twelve o'clock, when they went to Semuel Moxon's. He knows Joshua Peace (who was afterwards called), and he says they passed near his house, going from the cabin to Moxon’s. They Joshua Peace at Liley-lane, near his house ; they (that is the party) were going in the lane. Peace was going homewards when they met him ; they. had passed bis house; they were all pt that time in the lane. Upon meeting him, they all escaped out of the ldne into the field, getting over a lowish wall towards Moxon’s side. They did not chuse to meet Peace. Peace you will recollect said, they did endeavour to avoid him. This witness tells you that Peace said he had been seeking them a, great while, and he would go with them. That is the account this man gives, not one word of which has come from Peuce. Peace hada little begrinhim. They told him to go about his business. He clicked at some of them. Swallow or Fisher I prdered the witness to fire, to frighten him away. A gun was fired to frighten him, and then the witness says he took off up the lane, and then turned back. Swallow said something to- I . him,

Page 42

42 “THE KING AGAINST

r. Baron him, and fullowed him with a sword, him ; anda sttke. Thomson’s was thrown at him; and he went away, and then all the party. ee proceeded to Moxon’s house. They knocked at the door loudly, aad somebody answered from within. He cannot recollect whether a gun was fired, or not. ‘That is a very strange thing. The witness who was in the house and was alarmed, speaks to hearing two guns actually fired. ‘This man says be cannot recollect whether a gun was fired, or not. ‘They called on _ Moxon, ‘to get up and open the door. The windows were broken, ‘The dcvr was opened by William Moxon, Swallow went in, Butley followed him, and then Fisker; the witness stayed at the door-stone. Lumb stood always off at the building end of the house. Samuel Parkin (that is, the witness’s brother) never was at the house, and I think we may take it to be a fact, that he did not come up atall. Ile said he would not go to the place, and stopped at the distance of about two hundred yards, and did never come up to the house at all. He says that nobody ordered him to stop, You will hear presently the account that Samuel Parkin gave, of his reason for stopping there. . Ife says that Lumb and himself stopped outside, to see whether any pérson came (as he expresses it) to detect them, Swatlow, Batleyand Fisher having gone according to his account into the house. Batley gave him some clothes from a winter- hedge that stood on the floer of the house-paxt, and Fisher also gave him some. He took them, and carried them to John ‘Lumb at the house corner. I dare say, Gentlemen, you need not be infornied, that if persons go together to rob a house, and some of them enter the house, and hand out things to the persons outside of the house, or if any persons stay outside the - house to watch, they are all equally guilty, as if they all entered and committed the robbery. He says he could not see what ‘was done in the house, or hear the words that passed. ‘Then he speaks to butter being brought out, and a little boiled beef. Swallow said there was a guinea note, and they all knew of it; but he did not to this witness (if be speaks truly) mention any other money. ‘The things were carried from the house and were taken to a shrog, a small wood in a valley, belonging to Mr. Beaumont, .near the place from whence they set out, There the things were divided, and each of them had some. ‘They were all six there, including (according to his account). the brother, Samuel Parkin. Ne says his brother was one, he came there, aud.each person had something, with the exception of Samuel Parkin. That is a circumstance in favour of that _ SamuchParkin, and it agrees with the account he has given, of his having no share in the transaction, having declined engag- ing init when he knew what was to be done}; and according ta this account he did not share in the booty afterwards divided, Swallow, he says, kept the money, and said the monéy was ta loose the witness’s watch that was left in pawn fer beer, when . Swallow,

Page 43

SWALLOW, AND OTHERS. eg Swallow, Batley, himself, and some others, were out beforethat Mr. Beroiy

time; that none of the other prisoners had had that beer, and that.be got back his watch from Swallow about two days after oe Moxon’s stir, as it is called. That it seems isthe name given * to transactions of this sort; they spoke of them by a phrase so familiar as that. ‘They all went to their own homes whea

the things were divided.

He says, on cross-examination, it was Swallow who him to meet him that night; he does not know the precise time, but thinks in the afternoon; that he has known Boocock ten or a dozen years; that he thinks he had not seem Swallow that day, before he met him in the street, and fixed with him. He thinks it was the day after that he saw Beocock, but he cannot be sure. Boocock, you recollect, has fixed it upon the same day, At the time Boocock was passing by, when Swallow was standing in his own garden, he stopped a little: what they welated, was to him and all; some of this talk was about collier’s work. He does ndt recollect any gun whatever being fired that night, except that which was fired over Peace’s head to intimidate him,4vhen he ‘was watching them and refused to go home. They called to Moxon to let them in, and it was in consequence of that, and mot in consequence of any firing, that the door was opened, ae€- cording to his recollection. However, by Moxon’s account, st appears that it was the firing, which induced him to open the door.- He says, he did not think of meeting Samuel ‘Parkin that night, but he found him in the cabin. It was anentioned where they were going, when at the cabin, which was to get what they could out of the house of Moxon. He supposes it was mentioned in Samuel Parkin’s hearing. He ‘says, there was a road on the back side of the house, and Parkin stopped in that road. Nothing new was said, when they came near the house, before Samuel Parkin said he would ‘not go to the hotse. After this the witness was taken into -eustody, and he supposes (and certainly we may presume it was 180) for this charge. He says he never mentioned it to any -eody but those concerned in it, till after he was apprehended. ‘He understood -he was taken to be brought to. trial, and he thoaght it an opportunity of getting off. That certainly isa thought that occurs to every man engaged in a felony : he ‘offers himself as a witness against others concerned in it, ‘undoubtedly with a view to save himself. It must be under- stood to be.so. He-does not know how long it was after the that he was taken up, but he thinks about a month, when he mentioned the knowledge he had of the transaction. When Booceck came up, they were not talking of any design on Moxon’s, but about their coal-work. Le did not expect tu ‘meet Samuel Parkin at the Moor, He knew before (that is, I he

Page 44

=

63 THE KING * he did himself) that the attack upon Moxon’s housed’ was intended. It was mentioned at Bedford’s cabin, in the pre- sence of Samuel Parkins Samuel Parkin; however, has posi-¢ tively denied his hearing at the cabin any discourse whatever relative to Moxon’s house. He says, at the house the windows were broken with a sword, berore the door was opened; and they appeared to have been cut, according to the evidence of Moxon, and four panes broken. He thinks the door was knocked at, and admissioh demanded. ~ .

The next witness is Samuel Parkin; the brother of thé accomplice; who states himself to be a coal-miner, and that he lived at Lees Moor near Thornhill; He knew all the prisoners. He-lived about a mile and a half from his

-brother. He went to his brother’s in July, he cannot recol-

lect the day of the month, but, it was before Moxon’s stir,

-about three davs. He saw John Swallow at his brother’s; only

the brother and Swallow were there then; and Swallow asked. him what he was doing there? The witness said he had lost his work by being localling (or going with the Local Militia)

‘and Swallow said, Never mind that;” and told him there

was to be a meeting, at Grange Moor, of Ludds. The witness told him he did not understand them, and wished to have no

-hand with them. Swallow ordered him to meet at Bedford’s .eabin first of all; indeed, to goon to Grange Moor, to meet :- Lumb and Batley, and Earl Parkin and Fisker. Tar] Parkin

was there then. He said there was: to be a mec:ing there, but did not say what day it was to be, but the hour was to be between twelve and one at night, representing (according to

‘this witness’s account) its being on some business connected

with. these Ludds, that they were to go: upon this Moor at

‘that time of night; which business, it appears, this witness

Parkin did so far consent to be engaged in. The day after

-he had been at his brother’s, he met Swallow, who told him ‘the meeting was to be at the cabin three days after. .He wemt ‘to the cabin between eleven and twelve at night; he took no

weapon with him: he was the first there.. His brother, Eart Parkin, and the other prisoners at the bar, were there, but no other persons. He himself had been there nearly a quarter of an hour before the rest came. They came at different

tiraes. Swallow asked him, how it liked that he had brought .RoO gun or other sort of weapon with him. He told hin he thought he had no occasion. Swallow and Batley put ther

shirts on the top of their coats, and their faces were blacked with soot from the chimney. . They remained near a quarter of-an hour there; then they set off up Liley-lane towards Grange Moor, which was towards Moxon’s house. He swears, that when they met at Earl Parkin’s, Swallow, who told him

‘te go to Grange Moor, did-not tell him what they were to da; nor

Page 45

SWALLOW, AND -OTHERS. 25° nor when he afterwards met him, and told‘him the particular Mf Baron night he was to go there; that he never heard of any design’ upon Moxep’s til they were within about twe hundred yards up. of the house. He says, that when Syallow asked him whe- ther he had brought fire-arms, the witness answered, ‘that he had. not; Swallow said he had a good mind to shoot him for- not bringing something with him. The wituess’s face was not blacked, nor his shirt over his coat. About two hundred yards off Moxon’s, Swallow said, *‘ There is old Sammy Moxon’s, he has got some money, we had as good go and take it.” That was the first which he heard of Moxon’s, Earl Parkin speaks of its having been mentioned before ; but this witness . certainly swears. that he had never before that heard Moxon's: name ; that he bad understood he was to goand meet the Ludds on Grange Moor, and heard of. Moxon’s in the way he has “now mentioned ; Swallow, a few hundred'yards‘off, saying, that Sammy Moxon had got some money, and they might as good go and take it; and that when Swadlow talked in that way, he said, “If that is all you want, 1 will go no further ;” and Swallow said he had a good mind to shoot him for'so saying: He said he did sot mind what he did with him,-he would go no _ further. He stopped about two bundred yards. from Moxon’s house. - He remained there. He heard ne noise ut all; by whieh I suppose he must have meant that he heard no gun; -or whethe# he means to confine it to his hearing no disturbance, I do riot know. He did not see Joshua Peace that night. He stayed nearly ten minutes before the party came back. That is speaking of time very much at random, for they must have been; according to the account of the witness Moxon, very near an- hour it the house-- They brought some sort of clothes with them’ He saw nothing else. He went with them as far a$ where they déalt them, which was Grange Moorside, in a little shrog bottom. Ue had nothing. Swallow asked him, if he meant to have nothing? and ke swears he said he would have nothing to do with what there was. He has not seen Swallow - since that time till now. re He says, upon his cross examination, that the first time when Swallew told him there-was to be a meeting at.Grange Moor, his brother, Earl Parkin, was present; that he was present when he agreed to meet them at the Moor. Afterwards tbe Cabin was appointed, and they were to go there. He is sure no notice was taken of their being gving to Moxon’s, while they were.at the cabin; that if any thing was ‘said a3 .to going to Moxon’s, before the time he has mentioned, he never heard it; and he has heard what his brother, Eayl Parkin, has, said about their all going to Moxon’s; and that they told him of it within two hundred yards of Moxon’s. Fe never, got over any stone wall, but over a hedge before that wall, across the'clise, on an Occasion that ke illuded to, and E afterwards

Page 46

- Mr. Baron Thomson’s Summing. Up.

26. THE KING AGAINST afterwards came into the road again; he might be about ten

or twenty minutes. He joined the party again before they

reached the lane where he finally stopped; he came up to

them about twenty minutes before they stopped. He saw.

nothing of Peace, and they did not mention him. He never

heard a gun fired. He says it was not a very still night; it

blew a strongish' wind; it.was not more than two or three

hundred yards from the place where he stopped finally. He

suys he did not stop in the lane at all to watch. He saw no person passing. He says, that at the first meeting at his brother's, he was told he was to meet on Grange Moor some

Ludds. He did not see them get over any wall, but there were.

‘biany pieces of wall between Peace’s house and Moxon's.

Joshua Peace states himse)f as living about two hundred.

yards, or not much more, from Moxon’s; and that his (the witness's) house is about twenty yards from the side of the highway. Moxon’s house is nearest Grange Moor. Going from Bedford’s’ cabin to Moxon’s, you pass the witnegs’s house, in the way. He says he heard of the stir at Moxon’s, the. morning after it had taken place; and then he, tells you, that he was out himself that night between eleven and twelve o’clock ; that he was returning from Sheard, the cow house, and was coming from Liley-lane. In coming from thence he met some men in the way to his own house. There appeared to be about half a dozen of them. He met these persons, about 160 yards from his house, in the road. As he was meeting them, they ran back again, to prevent, as he thought, any person seeing them. He says he sharpened after them, to see if he could know who they were ; and they got over a wall. The witness got very near them as they got over, within a yard, and stepped up to look at them; they ordered him to go on, and one struck at him with a sword.’ The witness jerked back, to avoid the sword. ‘Two of them ap- peared to have their shirts upwards. They bid him walk on, saying, ‘‘ Walk on, good man.” He stvod still; and then 3 piece was fired over his head, at about six yards distance ; and the shot passed a yard off him, Then they said, * Walk home, ‘Sir;” and, threatened, if he did not, they would fire another piece at him. He went towards his house; and one of them, ‘walked by the side of the hedge to guard him ; and he said,

“« Walk on, my good man, walk on.” He attended him for. ‘about 50 yards. He went forward, part of the way home;

‘but, not being quite satisfied, he turned back to'see more; and, ‘when he got hack, to the same spot, he heard a sound like the ‘cocking of a gun or pistol; he pursued his journey further ‘towards Sheard’s, back again; and he saw some of them at the same place where he had seen them the first time. They

“had come over the fence. Same steod still, and ‘ethers ran

13 -° froto

Page 47

- SWALLOW, AND OTHERS. 29

from him. They might be six or seven yards from him. “A man on the causeway pointed a gun at him. Nothing was ssid tohim. He went on towards them; and they ran from him, upon the foot-path, towards Moxon’s house. He passed ‘them, and they swore at him, and flung stones at him ; and a stake was thrown at him, which hit him upon the back. He left them, and went towards his own house. One followed him with a sword at the distance of about ten yards, till within about 150 yards of his house. He said, ‘“‘ You had about like to have met such quiet lads, or you would have been dead long ago.” About six o'clock the next. morning he heard of the robbery. He says, that he knew all the prisoners well before that day; but he does not, you observe,

speak to the persons of any of them; but that he thought I

(this is a matter of thinking and belief only, and not positively speaking) that he thought there was one man’s voice that he knew, and that he believed'it was Swallow's voice. ‘That was the voice that said, that ‘he was lucky to meet with such quiet Jads, and so on. There was no other voice that he thought he knew inparticular, unless it was Joseph ; there was a voice which he thought was Joseph Fisher's. He does not swear positively to that, any more than to the voice of Swallow. That voice, whosever it was,. said, “ Welk on;” and was the voice of the person who told him so to do.

Upon cross examination, he says, That when he first met them, he was going to his own house,: The conversation he hud with them might be half an hour, or not so much. The gun gave a right noise, a right crack; a man might have heard it, he thinks, a mile or more. He says he was some- what in his cups that evening, not intoxicated, bit according to his expression, ‘he was not without. beer. He will not speak with certainty “to ‘the voices, only that he believed them to be the voices of the two persons he names, namely, Swallow and Fisher, He says, the persons appeared to be altering their

voices, and he will not swear that at the time he heard the

voices, he knew that he had heard them before, but that he imagined them to be something of the sound of their voices. This is the evidence which this man has given; ‘the’ effect of which is, his having met them, as the accomplice had stated ; he however not speaking positively to the person of any of them, but confirming the accomplice in the circumstances which he has detailed as having passed, namely, their pur- suing him, intimidating him, and firing at him, and bidding him get away. He confirmis in all these respects the test- anony of the accomplice, who states that all this passed while they were in the way to Moxoh’s house; and he goeg further ‘(it is nothing but belief, certainly) speaking as far as he can the

Mr. Baron Thomson‘s Summing —

up.

Page 48

Mr. Baron: Thomson's - Summing

up.

98 ‘THE KING: AGAINST

the voices of Fisher and of Swallow, but not speaking with any degree of certainty to their voices. .

_ ‘They have then. called Alexander Littlewood, who is a.

élothier at Flockton. He says, that he met Swailow on the

6th day of July last: he knows that was the day, because it

. happenéd to be Wakefield He had been at Grange Ash.

In returning he saw Swallow, and had some conversation with him about the times. Swallow said to the witness, “ How do times go on with you now, lad?’ He said they were very hard times, that he could not get bread and ale for a working man.

- Swallow said, if he was in the line he was in, he should bave

no need to work. He says, that he (the witness) said, that was the right line, that is, that line in which there was no

_ need to work: and then he pointed to a public house, and said,

“ Dost thou see Nourse’s there?” he said, Hast thou heard I what has been done‘at Moxon’s?” Witness said, “ Yes ;” and then according to this witness’s account Swallow said, “ Damn it, we got nothing there but nine or ten pounds of butter, and three notes, and two or three clothes.” Whilst Swallow was with him, Joseph Robertsand William Sykes came up. They were standing side by side‘upon the course; and Swallow threw himself down, and laid himself flat upon his belly, at the approach of Joseph Roberts, and lay on his face. Sykes came up just after, and then Swallow got upon his knees and hands, and began (as the

_ witness expressed it) making himself drunk, appearing to sham

drunkenness; that was while Robcrts and Sykes were there.

Joseph Roberts has stated, that on the 6th of Juiy, at half past ten o’clock at night, he saw Lex Littiewood and Jokn Swallow; that Swatlow was lying on the ground, on his belly, next to Littlewood; Littlewood was sitting upon the grass, William Sykes was following on the high road, a short dis- tance.

Then Sykes is called, who says he saw Littlewood sitting on

the grass; that Swallow was with him; that Swallow was lying

on his belly, and when he came near him, he began spreading his arms to catch hold of him, but he got out of the way. Then he says, that he cannot say whether he was druuk or nots

that he did not appear to him to be drunk, but in a freshish

way.

.. They have then called Samuel Stocks, a clothier, who says that he was a prisoner for debt in this Castle, when the four prisoners were brought here? that be knew them all many years before they came here; that Lumb lived about three quarters of a mile from him, and he saw him the Sunday. after he came here. Fisher, he says, caine to him ; ‘that was after he and Lwmb had had‘a discourse. He says, ‘that he asked what he had done, to get here? he said, it

Page 49

SWALLOW, AND OTHERS. 29

it was about Sammy Moxen’s affair. The witness asked him who was there? he said, he was about twenty yards from the house, but never was in the house; that he stood on the causeway in the lane, while they were plundefing the house. And you will recollect this is the position and situation in which the accomplice, Earl Parkin, had stated this man being

placed. . He says that Lumb said he had some part of the

plunder, that Parkin carried it to him. He says that after this, came in, and they both repeated it was along with Swallow and Earl Parkin, or.they never would have been

there. That was said both by Fisher and by Ltunb. Some-

time after this, Swallow and he were together in the gaol, and

Swallow told hin he was at Moxon’s; that he had told Swallow

what Lumb had told him, and that he found it would be of bad consequence; that Swallow replied,. it was done, and it could not be helped. According to him, he engages in these con- versations at these different times. Three of these prisoners,

that is to say, Swallow, Fisher, and Lumb, and he speaks of all.

of them, acknowledged to him that they had tukena part in this transaction.

He is cross-examined, and he says, that he came to tlie

gaol on the igth of June, for £.102. which he owed to one.

Williams, a debt contracted in Wales; he got rid of that debt; jie was superseded, as far aS we can Collecs, for want of pro- ceedings against him. He is then asked as to some ill will which he may havé against one of these prisoners, namely,

Swallow. He states, that he did bring an action against

Swallow, and one Noble; he cannot tell how long ago, it may be seven, eight, or three years; that it was an action ‘for slander Swallow had propagated against him, ‘in saying he had killed a sheep, which, he says, they could not prove, but that

they were much set against him, and had forged this account,

about which they stood the action. What became of it, does not appear, but only that he paid his atterney some money ; he says he owed Mr Blackburn, the attorney, something for his costs; that he does not bear any sort of ill will against any of the prisoners; and that Lumb and Fisher had nothing to do with this charge about the sheep, so that it cannot be sup- posed he bore them any ill will about that slander. Swallow, he tells you, was tenant under him, of a cottage, and they: could not agree upon terms for which he was to continue tenant; and after that it was that Swallow propagated that scandal which produced the action which the witness has stated. This is his Evidence.

They have then called Mr. Allison, who attended the magis- trate, Mr. Radcliffe, as clerk, on the examination of the several prisoners. LIfe states, that there were no. threats or premises made to them, to induce them to make confession; ‘he proves . a

@

Mr. Baron

son's

ap.

Page 50

30° - THE KING AGAINST the examination of the prisoners Batley, Fisher, and which took place on the 14th September last.

The first person whose examination is entered on this paper, is that of Batley; and he states, “ that he was not in Samuel Moxon’s house at Whitley Upper on the night of the 4th of July last, nor had he a gun, nora pistol; that he was near the house at the time, but was not within the house.” Now if he was near the house at the time, and was there for the purpose of assisting those who were within the house, by watching, or receiving any thing out of it, he would be equally guilty with those who were within. He has not denied that he was there, but on the contrary expressly admits that he was near the house, though not within it. @

The next. examination is that of Joseph Fisher; and his ac- count is, “ that at the request of Swalfow, and Earl Parkin the accomplice, he went with them on the night of the 4th of July, to the house of Samuel Moxon;” and as he would account tor his so doing, he says, “ being intimidated by the threats of John Swallow and Earl Parkin, who threatened to kill him if he refused to go.” He admits, thercfore, that he went, but ascribes his conduct to the threats of Parkin and Swallow ope- Yating upon him. ‘That is the way, in which he represents it. I

Lumb says, “ that on this night he was in company with Swallow at the public house, where Swadlow produced a brace. of pistols, and asked him to go with him to Samuel Moxon’s s. that he went with Swallow till within about a hundred or a hundred and fifty yards of Moxon’s house; and there he stop-

_ ped (as he says) and did not. assist in robbing the house, nor

had he any part of the plunder.” He puts it, therefore, upon this; that Swallow having produced a brace of pistols to him, saying, that he had a gun, he did go with Swallow till with:n about a hundred or a hundred and fifty yards, and there stopped, and did not assist in robbing the house, nor had any part of the plunder.

' Gentlemen, these examinations closed the Evidence that was

Isic before you on the part of the prosecution, against these _ several prisoners at the bar.

The Defence consisted in repeating each their plea, of not being guilty. And for the prisoners, a witness of the name of George Armitage was:called, who states, that ie is chiefly a farmer at present at Kirk-Ieaton, in which parish Moxon’s house is; that he has lived there ever since he was born. He is called to discredit Earl Parkin, not in reference to any par- ticular transactions he has related on this occasion, but with Fespect to his general character, and his unworthiness of credit

_ on any occasion when called upon to speak upon his oath; and

he states that he knows Earl Parkin, that he has known him two

Page 51

SWALLOW, AND OTHERS. gi

two or three years, ever since he wrought at Bradley’s mill; he has seen his manner of going on, and from what he has heard and known of him, he would not believe him upon his oath; that he does not know what other might do, but he would not believe that man, Earl Parkin, upon his oath. This is the account he gives, and that he was brought here upon subpeena for these men.

Mr. Wright, a debtor in the gaol, says he has known Lumb more than ten or fifteen years, and that he never heard an thing against the character either of himself or any of his family.

It is upon the evidence which ‘has been laid before you, Gentlemen, that you are to decide how far you are satisfied this charge of breaking and entering this dwelling-house of Samuel Moxon, and stealing the property mentioned in this indictment, is brought home to all, or any, and if to any, to which of the prisoners. That the house was broken open, and by persons under circumstances of terror, which induced William Moxon to open the house, and therefore that it was broken open, is not to be disputed; and that it was perfornied in the way Moxon

hag related, two of the persons (and that’ is a circumstance.

for your consideration) being disguised with shirts, or something like shirts, over their coats. To the persons of any of the men there, it is not in his power to speak. Nor is any part of the property which was taken out of that house, found in circum- stances to affect the prisoners at the bar. It is for you to decide how far the evidence laid before: you will or avill not justify you in saying that they are guilty. ‘There is the accom- plice Earl Parkin, and abuut the credit that is due to . J hope I have stated to you enough to enable you to form your judgment, whether there are or are not sufficient circumstances in this case to satisfy you that, bad as he is (and most unques- tionably he is a very bad man) he has in the main of the evidence he has given before you, and in which he would im- plicate all the prisoners at the bar, spoken truth. He has stated where it was that they set out from. Le has stated the disguises, which two of then whem he mentions had, namely, their shirts over their clothes. Those disguises Moxon spoke to as having beea about the persogs of two of the men _ who entered the house, whoever those men are. Parkin speaks to their two names. Batley and Swallow he states to.be the persons who so dressed themselves. Fle states the part which they all took in the business, and the final division of the plunder they had got from'the house. Fle states a circumstanee which took place us they were going there, and it is material for your. attention, because Peace, I think, ; is a very matcrial witness for you to take into your consideration, as confirmatory gf the account which the accompiice has given; for ke bas stated

Mr. Baron: Themsoin'a Sumwiag - wp.

Page 52

$4 THE KING AGAINST your duty to find them guilty. Parkiw is undoubtedly:a very bad man, and one of the witnesses says he would not believe him upon his oath; but it does not rest upon the evidence of ' Parkin alone, nor is it fit itshould rest upon his evidence alone. You have heard the confirmation he has received; and the only question is, whether in this instanee you do not find him so confirmed, as to be induced to give him credit for bis narrative, which will implicate all the prisoners in this transaction, And if those circumstances are proved to your satisfaction, which you have heard detailed in the evidence, the case will be made out against all the-prisoners at the bar. It will be for you to give that verdict respecting each of the prisoners, which will _ Satisfy your conseience, and which will accomplish your duty to the public and to the prisoners. If any thing is offered to you in the course of the evidence, which enables you to think you can make distinctiens between the cases of the prisoners, it will be for you to make such distinction. If the evidence does not satisfy you of the guilt of the prisoners at the bar, you will acquit them.

The Jury retired at twenty minutes before teven, and returned in about ten minutes, finding

John - - Guilty.

Jokn Batley - - Guilty. Joseph Fisher -. - Guilty. John Lumb - - - Guilty, but recommenced to mercy.

Mr. Baron Tnonson-—Gentlemen, I must' beg the favour

of your stating the grounds o on’ ‘which you recommend Lumb to mercy.

Foreman of the Jury—We find that he has acted under the influence of Swallow; he had no © Are-arms, and had not his face blacked.

Mr. Park—And he had a witness to his character, which tke reat had not,

Foreman of the Fury—-Yes.

W ednesday,

Page 53

N

MELLOR, AND OTHERS, $5

‘Wednesday, 6° January 1813.

THE JURY were charged with the Prisoners in thé usnal form, upon an Tut Kine. Indictment, which -alleged that the Pri- against soner Mellor, on the 28th of April last, ) George Mellor, fired a pistol loaded with bullets, &c. at ) William Thorpe, William Horsfall, by which firing he and received a mortal wound an the left I Smith. side of the belly, of which wound: he a languished till the goth of April and then died; and that the. Prisoners Tkorpe and Smith, were present aiding and abetting Mellor to commit the said Felony;.and that so the three Pri- seners wilfully murdered the said William Horsfall, —

The Indictment was opened by Mr. Richardson.

Mr. Park.—May it-please your Lordsbips;. Gentlenien pf the Jury, You are now empanelled, and have been swora, tu enquire into the matter of blood. I need not tell you, that the offence with which the prisoners stand charged, is the greatest crime that can be committed in society. Ja the investigation of such a subject as this, the Law, in conformity to the Law of God, makes no distinction as to the person, whose death is to be enquired into. The meanest subject of the realm is ‘equally entitled to the protection of the Law as the highest; and therefore it is no matter of enquiry, who or what the person wes, whose death is the subject of that enquiry. ‘The matter ‘for’ you to investigate is, whether he came by his death by violent means; whether he came by his death from the malice aforethought, expressed or implied, of any individuals, and ‘whether any, or all, of the individuals, whom you have now in charge, were guilty of that offence. That is the subject-matter of your enquiry. But in a case of this sort, which is of so much importance to the country, it is absolutely necessary, that in detailing the facts, I should state to you the situation in which the deceased stood, and how he probably came to be the object of the attack of some persens: Whether of the individuals now before you, it will be your anxious duty to enquire, and to decide by your verdiet?

Gentlemen, Mr. Horsfall is represented ta me to have beena ynan rather turned of forty years of age ;—he was a married map, had a family of children, and was in very considerable busi- hess, in the West Riding of this county, as a manufacturer. I occasion te mention to some of you, yesterday,. and it is & mages

?

Page 54

ra ‘THE KING AGAINST I

a matter of general notoriety to you all, that, for a considerable perio’ of time, dreadful disturbances. have existed in this county 5

they had not existed in this county, that I am aware of, at least not in amy considerable degree, till the two learned

Judges, who are now sitting here, had returned to their homes.

from Lancaster, at the Spring Assizes of last year. But it is perfectly well known, it is a part of the History of our Country, that ‘at: the Spring Assizes of that year for Nottingham, a eat number of persons had been tried for breaking the stock ing frames,.and other machinery, connected With the manu factures of that county. About that period a similar dispoe sition manifested itself about Huddersfield, and other places in that part of this: ceunty, to commit outrages upon manufac» tories. And about the 11th of April, a very violent attack was upon the mill of a Mr. Cartwright, which will be mate- vial in respect of the that will be laid before you to-day, Vt afterwards appeared, and willbe proved to you, that jn meetings, where the three prisoners, now before you, were assembled, there was great abuse thrown out upon the master in their presence, and by them, particularly upon Mr, Cartwright and the deceased. ho!

Mr. is represented to me to have been a man, who had upwards of four hundied persons at work under him, ex- tremely beloved by his men, and they greatly attached to him. He had Very large manufactories, of course, from the emplay- tment of so many men; aud he employed the machinery which was the object of the abuse of these misguided people. 1 have hot the means of making ‘such observations as I have free quently and lately heard made, upon the ‘delusion which has prevailed upon tat subject, amongst the lower orders, It has een Supposed that the’ increase of the machinery, by wiiich manufactures are rendered more easy, abridges the. quantity of Jabour wanted in the country. It is a fallacious argument: it is an argument, that no man, who understands the subject at all, will seriously maintain. I mention this, not so ‘much for the sake of you, or of these unfortunate prisoners, as dor the sake of the vast number af persons who are assembled in this place.

I hope thet my learned Friend on. the other side, will give

me credit, that.I mean to state no facts as hearing upon the. prisoners at the bar, that I shall not, as.I conceive, bring home '

te But i cannot help making general observations upon the subject, to draw their Lordships’ attention, and yours, to the case itself. I would rather, for perspicuity’s sake, go to the facts which constitute the crime, and then apply’ it to the pri- eoners. Mr. Horsfall was a man, I understand, of warm ings, of "gred@ and good understanding, and who saw the fallacy

ef these arguments; and he, perhaps imprudently (though I de -

hot think so, for Ido not think any man acts imprudently, im to I I stating

~

Page 55

_#« MELLOR, AND OTHERS. $7. etoting his sentiments on a subject which bas been under his full consideration) he, I say, stated he-would support this spe-’ cies of machinery, because he wus sure it was advantageous to the country. He was perfectly wéll known, in consequence of the part he had taken in reference to these disturbances; and It was propesed by some persons, that he should be taken off. it was pertectly known, that Huddersfield Market was one he’ was in the habit and which was held on Tuesdays, He went to that market, and retufned between five and: six in the afternoon of the a8th of April, at. which period of the year we are considerably past the Equinox, aud it will be — if necessary, though your own understandings would remind you of it, the Sun does not, set till about a quarter or twenty minutes after seven; the consequence of which was, it was per- fectly light. Tbis gentleman was riding from Huddersfield Market on horseback, towards his own house, which was at Marsden, (I believe about seven miles), He had rode as far as from Huddersfield up to a house called the Warren House, I which is a public house, kept by a man of the name of Armi- tage, who will be called before you. He at that house stopped to get some refreshment, still continuing on horseback. He drank a glass of rum and water, and seeing there two persons whom he knew, he gave to each a glass of gin and water, paid for it, and rode on as far as the corner of a plantation, two or 'three hufidred yards from the Warren House, belonging to Mr. Radcliffe the magistrate. This plantation on the back of it opens into a field, then there is a second field lower down towafds the South, a third field towards the South, then the‘road from Huddersfield to Crossland érosses, then there is a way into Dungeon Wood, then there is a honse be- to Joseph Mellor, a cousin of the prisoner George I Mellor, and a road to Holmfirth, past Armitage Bridge. Af the corner of this plantation, this unfortunate gentleman Mr. Horsfall, was shot. He immediately fell upon the neck of his horse, called vdt Murder,” and soon after fell to the ground. -There was a person of the name of Parr, who will be — called to you, riding a little way behind, who did not know Mr. Hersfall, and Mr. Horsfall did not know him ; but immedi- ately on hearing the report of the pistols, and seeing him full,

Parr rode up, and heard bim call out “ Murder.” “ Sir,” says I

"Mr. Horsfall, “ you, are a stranger to'me, and I to you, bot pray ride on to Mr, Hersfall’s house, and get assistance,” ing: the house of his brother. Mr.Parr said, “Are you Mr. Flarsfall of Marsden?” be said, lam.” Upon which Parr rode back to pet assistance, and a person of the name of Bannister rode up and supported Mr. Horsfall in his arms, till ‘a cart came ap, in which he was carried back to the ‘Warren House; where he languisted thirty-eight hours, and then dicd. This . is the body of the crime, 7 oe t I Now,

Page 56

38 “THE -KING AGAINST

Now, Gentlemen, I wonld here make. one observation im point of law, upon the indictment which has been stated te you. My learned Friend stated only one pistol.as. haying been fired, and that was all that it was necessary to state in the in- dictment. I believe the fact to be, that out of four persons that were in company, two fired; but that is immaterial. I It was quite sufficient to state one, and no matter by which it was fred. Though the indictment states the pistol to be fired by George MeHor, if it was fired by either of the other prisoners it would be the same. I state this, because it is better-you should have your minds aot wavering on points of no signifi- cance in law. .

This clearly is murder in some persons. There was no ‘prior conversation, there was no previous malice between Mr. Horsfall and any of these persons; and therefore murder it must be in those who gave the mortal wound. The question is, Is it murder in all or any of the prisoners at the bar? Now j T proceed to state to you the way in which I shall establish that. It wilt be asked, How many persons were concerned in this murder? I state, four; and I state it upon the evidence , of the witness Parr, who saw the fire (whether of one, or more, — - Fwill not say) but he saw a fire coming from that plantation ; ; he heard a report, and he saw four men.

I go no further upon that part of the evidence, till I state. to you that'I shall call’ene of the accomplices. To some of you, were in that box yesterday, the law respecting accom- plices was fully stated by one of their Lordships, who was so good as to confirm what I had humbly presumed to state in the outset upon that subject. I make no further observations upon that, because, though I’-believe the other learned - Judge will take the trouble of summing up this case to you, IT have no doubt the law will be stated in the same manner, _ Phe witness I have to present to you,.I state in the outset, and would therefore save my learned F riend the trouble of call- Ing witnesses to prove, that an accomplice in burglary, or in _ the more heinous crime of is a wicked man. J. wil}: suppose him to be as wicked as any of the prisoners at the bar, I supposing them to be guilty ; but then the question is (as his ' Lordship told the' Jury in yeur place yesterday) Is his evidence so connected, so well digested, that it brings credit with the manner of telling it? and is he confirmed in, some of those cits “cumstances, which it is impossible to confirm, him in, if he has not been speaking the truth? © And it need not be a confirma- tion of him in all the circumstances, for if we could prove alk the facts without him, we should then leave him to take that fate which bis offence deserved, instead of making him a witness. Therefore, leaving that matter of. accomplices here, . J shall call this accomplice, whose name is Benjamin Walker, an

Page 57

- MELLOR, AND OTHERS. 39

and he will'tell you that there was a great deal of conversa- tion about machinery among the cloth-dressers, on many days, particularly after the firing at Mr. Cartwright’s mill, where there were some persons killed; that this raised a great indig- natidn against the masters, in the shop of John Wood, where this accomplice worked with Mellor and Smith. The prisoner _ Thorpe worked at the shop of a, person of the name of Fisher, very néar to Wood’s shop, near Longroyd Bridge. It seems, unfortunately, it was the constant habit (as will be proved to you in this case) to read accounts, amongst all the workmen, of ‘what had been doing at Nottingham. And this business of the mill created such desperation among them, that Mellor {who appears, from the evidence I have to lay you, to “have been the ringleader in this business) declared in the shop, that he was determined to have Mr. Horsfall taken off. This. I shall prove to you, by witnesses, to have passed before the fact ;.and I shall prove it, to confirm the accomplice. The ac- eomplice kuew nothing of his particular intentions as to the period of time, till the very day it happened; and he will tell you, that in the afternoon of that day, at that period which is called their drinking time, about four o'clock, Mellgr called _ him into the room where he was (they not working in the same I room) and'there he disclosed what he was about to do that afternoon, that they were determined to waylay Mr. Horsfall in coming from Huddersfield market, and assassinate him; and that he must be one of the party. Walker will tell you, that this proposal took him by surprise; that at first he refused to — “have any thing to do with it, and that he was so discomposed at it, that Le did not go to his drink, but returned to bis work ; he wilt tell you, that Mellor afterwards came to him, ‘and ‘ealled him into his room, and there he found Mellor with a bottle-. green top coat on, which will be a most material fact in this ease ; that on his going with him into his shop, he gave to the witness a large pistol with« fluted barrel, loaded almost up to the top; and Mellar’ himself had a larger pistol with him. Gentlemen, this pistol which Mellor had with him, will pro-. duce conviction as against that man, ydung as -he seems to be, and meluncholy as it is to see so young a man 60 desperate a character. It seems: he had been in’ Russia, and brought home with him this pistol, which is of a peculiarly large size, with a brass mounting. That pistol he had either sold ot. given to a man, on some transaction respecting pigeons; but a ~ person of the name ‘of Hall, who was intimate with Mellor, and who will be called to you as-a witness to-day, and whom I do not state to be an entirely innocent man, for he knew these fatts beforehand (but you must take men as they ure, and as the circumstances of the country place them) he had ought this pistol, and had it in his possession, and will prove to you that Mellor came that afternoon and’ borrowed this oe a ot . + pistol

Page 58

~

490 _ THE KING AGAINST pistol of him, and loaded it-at.Halfs house, at a place called. the Yews, which is half way between Wood’s shop and Dune geon Wood; he loaded it extremely high ; he put in a donble charge of treble powder; be put in one ball of the same kind .which will be produced to you; he then beat another, ox two, tather flat, and cut them into slugs, and put them us well as another ball in, and rammed them all down. You will find this charge was so great, that when hé committed the fact, his finger was shattered by it, and that will be another material circumstance jn this case, The witness said:-to him, “ J hope you are not going to fire that?” to which Mellor said, “ Yes, J mean to do for Horsfall with it; will you ga with me?” Hall refused to go, and Mellor tuok- the pistol out with him. under his great-coat, saying it should be done. So far we go at present, with respeet ta Mellor. ot

The prisoner Thorpe was seen by this same witness to load a tong horse pistol, at Wood’s shop, with balls and slugs, in the presence of Mellor. ‘They both of them said it was to. shoot Hoarsfall. He was, again asked by some of the prisoners to. join, but he refused, and then Smith or Walker swore that he — would go. ‘This man’s previous knowledge I have no difficulty in saying, he onght to have communicated, if he believed it; and the only possible reason why a man should not have dis- elosed so heinous a transaction, be, that he did not believe they would do it. But these declarations prove the state of the country, that they had no difticulty in making these communications, which other men never would make, if they were wicked enough to meditate the crime, and which any of these men would have made under any other ‘eircumstances than those before him.

Gentlemen; it will be proved to you further by the accom- lice Walker (and I only stepped out of the, way to shew how she was confirmed) that he really objected to-going ; but he was. told, “ As I have told you I mean to execute this to-night, and you now know the secret, if you do not go I. will shoat you.” And the man says, that he went accordingly. Smith and he were told'to go together, went up the road- way to the corner of the plantation. Mellor told them where. % go, and Smith said, “ I know where to As they went along the road, the accomplice sgid “ We really had better not meddle with such a thing as this.” “ Why,” says he, “ we had better go there, because if we go back they will- suppese we have told, and we shall be shot ;” (I state this in favour of Smith) “ but we will endeaveyr to persuade them nat to de it,” And they went on. ‘The other two men did not go up the resd, but went acrass a place called Dry Glough clese, and up that way te the corner of the plantation. Thorpe and Mellos were at the point of the plantation nearest to. the a “a

-

Page 59

/

MELLOR, AND OTHERS. gt.

@n their arrival, Smith went to them, as he told the

plice, in order to reason with them against thie doing this act 3 but he shortly came back’ and said, “ I have not been able prevail; we are to stand at a little distance from ther, and we

_ are to fire our pistols if theirs should miss, and they are to

whistle or to give notice when Mr. Horsfall A stone had Leen removed out of the wall, to command the road ; and. soon after it was called out that Mr. Horsfall was coming,. Mellor and Thorpe fired. As soon as they had fired, they re- tired into the’ back part of the wood towards the other two. men, and told them they were afraid, or used some expression to denote timidity or effeminacy of conduct: “ You should have fired at all events.” Thorpe gave his pistol to the accom- plice. Whether he meant that he should carry it off, and him- self be relieved of it, J know not, but he put it into his hand. The pan was then epen, and- the lock down, shewing it had ~ been fired. You Will find the materiality of this. On the way, Walker threw it and said he would have nothing to do with it, and Thorpe took it up and proceeded to Dungeon Wood ; and then Mellor said, “‘ We must separate.” And ac- cordingly Mellor: and Thorpe proceeded westward across a footpath by the Yews up to Wood’s shop: and that very night Mellor shewed himself in Huddersfield, for a very good reason probably ; I do not know that it may be attempted in this case, but it often is in cases of this sort, that it might be proved he was elsewhere at the time. But the circumstances I have presently to detail to you, will leave no particle of doubt in your minds; and if it should be so that no doubt is left in these cases, it is a great consolation to those who have to administer the justice vf the country. That he was seen at Huddersfield at some period that evening, I give then asa fact ; but the distances are so inconsiderable, that the whole circuit, beginning and ending at. Wood's shop, might be per- formed in about one hour and ten minutes. The accomplice’s story is, that he parted with Mellor and Thorpe in Dungeon Wood, and that he and Smith went on to Honley. I

Here for the present Tleave them’ and supposing nothing fur- ther takes place, how shall I confirm the accomplice as to these facts? I-shall confirm him as to there being four mem by Parr, m the way I have stated. I shall confirm him as to the retreat of

_ four men, for I have no less than three or four different persorjs

who at different parts of the route saw four men running in the direction to Dungeon Wood, and gettmg over the wall into - Dungeon Wood, and locking behind them for the purpose of discovering body was within sight. And J shall prove this fact, which is decisive, that one of the witnesses, who has no more concern with this transaction, than any of I you, saw in their getting over the wall a brazen-mounted I G “pirtol

‘ a“

-_-

Page 60

4¢. . THE KING AGAINST I pistol from wader -the coat df one of them. It had discovered itself. He said, “ There go Luds, and we shal) have mischief te-night,” not knowing what had passed with respect to Mr. Horsfall. Whether the prisoner heard this [do not know, but he looked down, and put the flap of hig coat over the pistel, I da not know whether the witnesses will state that they knew the particular persons, but I shall prove these facts applying to four persons.

There is another circumstance I shall prove te you by the accomplice; that two of them had top coats of a dark colour, and the other two had common coats of a dark colour. I shall prove to you by Parr, that all the men had dark-coloured clothes. The accomplice will swear, that he and Smith had short coats; and to show that Thorpe and Mellor had the two top coats, ] shall prove their going, after the murder, to the house of Joseph Mellor, the cousin of George Mellor, which is at the bottom of Dungeon Wood; I shall prove their depositing these top coats there, that they might go without them. [ shall prove, what is decisive of this case, their depositing the two pistols there; the Russian pistol and the other. J shall call to you one of the apprentices of Joseph Mellor (the other has escaped, and does not answer his recognizance; but he shall be called upon it.) I shall call the apprentice, With whom Thorpe went up slatrs into one of their rooms, and hid these two pistols; and told him to give those pistols to his master, when he came honie. I shall prove that they were afterwards shewn to another apprentice. And TI shall call the master, who at the time wes at Lludderstield market, who will tell you be went up with his apprentice to that room, and the pistols were shewn to him; and that aftewards, hearing that soldiers were about making enquiries, they took them from that place, and deposited them in the barn, and hid ‘them there. I shall prove that one of those pistols, so de- ‘posited by Mellor in the house of his cousin Joseph, was the ‘very pistol he had borrowed of Hall that afternoon; and I shall prove, moreover, that though Hall saw him load it, when he deposited it in Joseph Mellor’s house it was unlouded.

There is another circumstance most material. It will be sworn by the accomplice, that Thorpe complained; in the plantation, of having wounded his cheek: and Mellor com- -plained of having wounded his tinger; by the recoil of the* -pistol, I suppose. I will prove, that Mellor declared, the next -day, to another man, who was not of the party, that he had hurt his finger, by having over-loaded the pistol. Then as to ,Uhorpe hurting his face; I will prove that George Mellor, who went with him to Joseph Mellor’s, desired water for his friend: to wash his cheek; and he aceordingly got it. Gentlemen, are not these extremely strong to corroberate an - 7 . accomplice >

Page 61

MELLOR, AND OTHERS. , 43 How is it in the ordinary chain of human events that yuu can get such evidence? 1 have for one alwava thought, betore I dreamt I should have any concern in such an unfortunate business as this, and shall to my dying day. think, that circumstantial evidence of this description has tea times the weight to satisfy the mind of a jury, of the positive declaration of a witness. For an individual may be wicked, enough to swear to facts that do not exist; but a strong, well- ¢onnected chain of circumstances, will not hang together Without being true; there would be such dreadfu! inthe chain, if they were not true, as would expose the fallacy in a moment. But, give me leave to say (for that 1s often misunder- stood by gentlemen in your situation) subject of course to be set right by their Lordships, that vou are not to suppose that, because A. B. C. and D. who ‘ure witnesses in the cause, and’ have seen the sume transaction, do not give exactly the same account as each other m words; therefore it is not true., Every slight discrepancy of the evidence in that respect, gives it confirmation. Such is the imperfection of. human sight,

that you and I perhaps, who mean to speak perfectly: truly, °

may differ in some of the circumstances. But you are to look at the great mass of facts, and see whether the witnesses do not confirm each other. ,

I do not know whether I mentioned, that George borrowed of the wife of his cousin, Joseph Mellor, a handker- chief, to bind up the hand of himself, or the face of his com- panion; and stated, that he wanted work for this companion, They asked the woman, when Joseph Mellor would come home; the answer was, ‘‘ He seldum comes home much before ten; he is at Huddersfield.” ‘They proceeded to the Yews, and afterwards on to Huddersfield.

I have stated to you, that Mellor and Thorpe parted from the accomplice and Smith in Dungeon Wood. The accomplice will tell you, that they went down to Honley, and did not return till ten at night. At Honley they stopped at a public house, kept. by one Robinson. So says.the accomplice. Is _ that true? I shall call the and the wife of the publican, The accomplice says, they had several pints of beer.. I shall prove by the wife, that two young men (for so, unfortu- nately, they are, neither of them being, I velieve, above twenty, three) were at her house, and drank several pints ot beer. [ ‘do not know that she will prove that she knows them now. You will naturally ask, What made them take any ebservation of these young men ?—There was a drunken collier in the bouse; so drunk, that he dues not himself know any thing that passed. A person came in, and stated that he had, in coming from Huddersfield market, heard of the death of Mr. Horsfall; and Smith immediately began whistling, being a fine whistler, So GB / which

¢

Page 62

46 THE KING AGAINST

which drew attention to him; and he whistled so well, that _ this drunken collier got up to dance. And this is the circum. stance that has brought it to the recollection of the publican and his wife; and they stated, that one of the young men whistled famously, not having the least idea that the accom plice bad given this evidence, and mentioned that circum: . stance, .

But I have not done with the case yet. I aught to tell you another reason why disclosure was so easily made to Hall,’who wus not an accomplice. Hall was a -bed-fellow of the prisoner Mellor, and Mellor told him that night, or immediately after, that he bad’ committed this murder, and that Thorpe and he had left their two pistols at Joseph Mellor’s, at Dungeon, - amongst some flocks, and had left word with the apprentices, that they must be given to their master when he came home ; and then he said, ‘Thorpe and I went through Lockwood, and so to Huddersfield, and there we parted.” These men being so intimately connected as to be bed-fellows, the wonder (even independently of other circumstances) was the less, that a com- munication should be made so freely. Smith was not a bed- fellow of theirs, but he slept in the same room. I stated to you, that he and the accomplice had gone to Honley, haying buried their pistols, which were loaded, in ‘some ant-hills. Hall will state, that it was late when Smith came home; and [ ought to have told you, that it will not rest, as to declarations, upon the evidence of Hall or of the accomplice only, but on the testimony of a persqn of the name of Sowden, whose evidence I will nox go through. I

_ The next day (though enquiries could. not at that time be made to the full, and, as you are perhaps- aware, were not made with any effect till the month of October last) it occurred ‘to these men, that as enquiry would be made, there should be some more secrecy observed ;- and accordingly you will find, that Thorpe afterwards insisted upon the accom- plice Walker swearing, in the way they have done in too many nstances, never to reveal the fact. He pulled out a Bible, and administered the oath, which he had prepared.’ It was admi- nistered first to one of the witnesses, to whom I before alluded, of the name of Sowdet, in consequence of their having ac- quainted him with their intentions the day before; ard you will find Mellor was present at this. Thorpe afterwards brought in . Smith, and Benjumin Walker the accomplice, John Walker hig - father (who was a workman in the same shop, and whom he I supposed to have heard the fact from his son; but the father, TY’ believe, will tell you, that the first he heard of it was rom Mellor bimself,) William Hall, and another person. Thorpe suid to Sowden, “ You must administer the oath to all these, or J will shoot you.” He complied, through fear of ie - hile ; '

Page 63

MELLOR, AND OTHERS, I 45 life ; and they all took it, except John Walker, who refused to _ take it, saying, he had never taken an oath in his hfe, and would not do it; and they said, “If you make any declaration about this, we will shoot you, or whoever it may be.” The witness sometime afterwards met him in a field, when he said, “I am afraid it has been blown about that I have had’a concern in the murder of. Mr. Horsfall, and it is time J should be off to _ America.” TI shall prove also his declaration abont going to America by another person. And he said to the witness, if he heard of his repeating it, he would shoot him > but the witness. told him he had not. I

. Thus, Gentlemen, do not I confirm the accomplice by such @ variety of*witnesses, that I feel almost ashamed o going through the statement; though I ought not to be ashamed o - fully stating a case sv materialiy affecting the prisoners. But it appears to me nothing can be ¢{earer than this mass of evidence I have to lay before you. I am not aware that I have omitted to state to you any fact that is material. I have not gone through the detuil of the facts, for that would fatigue you. One cannot but most fedlingly lament, that young men, ne older than these, should be charged with a crime of so deep and heinous a dye, as that which you are sworn to try; and ~- therefore (as I said in the outset) you have a most important duty to discharge between God and your.own souls. If these young men havé not committed the murder, for God’s sake let them go-free; but if you see the finger of Providence pointing as satisfactory a manner as if you had with your bodily senses seen the crime cominitted, however painful the duty, it is your duty te pronounce them guilty; and guilt must I be followed by punishment. For the Law of God itself hag declared, Whoso sheddeth man’s blood, by man shall hig blood be shed.” And it is said by the same authority, that the land can only be cleansed from the pollution it has received _ from blood, by the blood of him that sheddeth it.

THE EVIDENCE, having been gone through, was

-

. summed up by Mr. Justice Le Biayc,

Gentlemen of the Jury, __ THIS, which has so long engagtd your attention, is a charge Mr. Justice brought against the prisoners at the bar, Gearge Mellor, Wil- Le Blanc’s Kam Thorpé, and Thomas Smith, of the wilful murder of William’ Summing It is not necessary particularly vo call your attention: to the manner in Which the charge is made. The indictment eharges that they or one of them, and it is perfectly immaterial which, or whether one or two of thein actually fired the pistol,’ er whatever piece it was that was fired; but that‘one or other 4 . . - - of

Page 64

Mr. Justice Le Blanc’s Summing

=>

46 _ THE KING AGAINST .. I

of them, firing a piece at Mr. Horsfall, inflicted the wound which occasioned his death, and that the rest were there. It charges them all as principals in the murder; and there is no

. doubt in point of law, that if all or any of the prisoners at the

bar went out with a formed design, known to all of them, te waylay William Horsfall, for the purpose that either all or any. of them (as should be most convenient) should take an oppor- tunity of firing at him and wounding or killing him, and in consequence of that a shot was fired by any of them which roduced his death, it is murder in all of them. ‘There is as little doubt in the present case, that the person, respecting whose death we are enquiring, has been murdered; because there is no circanistance which has appeared in the case, which in point of law can make this otherwise #han a murder ef the foulest description, No question therefore will arise on the nature of the offence; and the only question you will have

‘to attend to is, whether or not the evidence which has been

laid before you, and which I will detail to you as well as I am able, shall or shall not satisfy you that the three prisoners charged with this offence, or any of them, are. the persons who were so concerned in waylaying him and: firing the fatal shot.

. It will be only necessary just to advert to the time, as men tioned by the person who proved the fact. It appears that Mr. Horsfall had gone to Huddersfield on the 28th of April ia the course of the -forenoon, find had attended Huddersfield market in the course of his business. + It appears that he was. m the habit of going theres so thet it was perfectly known that his course. of proceeding was to attend the market, and to go home aguin afterwards to his house at Marsden, at the

of about six or seven miles from Huddersfield. It

was in proof, by a-person of the mame of Armitage, who kept a public ‘house at Crossland Moor, called the Warren House, that he had seen Mr. Horsfall yo to Huddersfield market in the morning; that. he seldom asissed going ona market day; that

he had called at bis house return back, and he. says as

far.as he can fix the hour (speaking at this distance of time

not very particularly, and no one can speak particularly as to time, unless his attention was’ called to it) it was a quarter before six in the evening that he stoppedat ‘his door, the Warren House, on his way back, being then on horseback. He. says

. that he drank a glass of rum and water at the door, and that

I there were twe men of the name of Sykes, who were workmen

and had been employed under him, whom he treated with a glass

_ ef liquor each, and he went away, never having got off his —

~ horse, but having stayed at the door about twenty minutes. So

that according to his account, it was a few minutes after six o'clock when he left the Warren. Hlouse, to proceed on to his.

house at Marsden. When he says Mr, Horsfall rode home- _ wards,

. 6 . *

Page 65

MELLOR, AND OTHERS.

watds. “He describes the plantation of Mr. Radcliffe, as being’ Foxe

by the road side as he proceeded along. According to the map Le Blane’s

it is on the left-hand side of the road as Mr. Horsfall was going Surgmiag hemewards.. That plantation, he says, is something; better UP-

than a quarter of a mile from the Warren House. So that ac- cording to his accounat of the time (supposing him to have

. stopped there about a quarter before six, and to have stayed

twenty minutes, and to have set out five minutes after six) he would have had to go a quarter of a@ mile before he cume to

_ the plantation where this circumstance happened; which would

bring it fo a short time probably after six o'clock. He says that at nearly half past six oclock that evening, as nearly as he can recullect, some children brought the. account to his house, that Mr. Horsfall had been shot. That tallies very muck with the account he had before given of the time Mr. Horsfull had been at his door, and the period which must have elapsed before this unfortunate accident happened. He says that he and the two men of the name of Sykes, who had -been, just before treated with some liquor by Mr. Horsfall, set out imme- diately, and so soon that they had not finished the liquor Mr. Horsfall had ordered for them; that they found him sitting by the road side about thirty yards belof the plantation, and rather nearer to his house than the plantation was. It appears that a person, whe had.been upon the road at the moment, had ‘assisted in keeping bim upon his horse for atime. He says ~Joseph Bannister was at that time with him; that he fougd Mr. Horsfall bleeding very much ;. that they got him down te his (the ‘witness’s) house as speedily as ever they could, and ‘he died the next day but one. Heo is. particularly asked as to

the time, and fixes it at that hour, as nearly as he can recollect .

‘it. He says that-many people come into his house, and he is ‘frequently looking at the clock to see when their horses are ‘to be: ready; and that.he is sure it was nearly half past six, when 'the news came that Horsfall had been shot, because 2 persoh ‘went to: look at the clock at that time. So that according to ‘what he says, it must have been between ten minutes or a

quarter after six and half after six, that this act (whoever.did _ it) most have been done at the plantation,

‘The next witness is a person of the name of Parr, who gives ‘this accoant: He’ was going home from’ Hudderstield on the ‘same read that Mr. Horstall was going; he passed this im,

‘where Mr. had stopped, and betore he got to the pian- I

“tation he heard a very large crack, hike the report of a gun or # ‘pistol, and. it-seemed. to him to come out of Mr. Radcliffe’s plantation, out of that nook nearest to -the public house where _Mr. Horsfall had stopped; that he saw the smoke arising fron the spot where the gun had been fired, and he saw four persars

in that corner of the plantation. He says that he was bimeeli -

at

»

Page 66

Mr. Justice Le Blanc’s

48 THE KING AGAINST -

at the distance of about one hundred and fifty yards front the- plantation, going along the road, at the time he heard this noise,

.. and saw the smoke, and saw the persons who were in the plan-

tation; so that he was in a different situation from. the person. who was just abreast of the plantation in the road. So far. things would have a different appearance, and persons might be, visible in a wood or plantation from: one point, who might not, from another. He says that all the four persons, he so saw. in the plantation, had dark-coloured clothes on; that at that time there was a person riding along up the road before him (that is, gojng the same way that he was riding); that after the report of this gun or pistol, that person’s horse turned round as

_ quick as possible, and the man immediately fell with his face

upon the horse’s neck ;. he raised himself up by the mane, and called out ** Murder.” As soon as he had called out murder, I there was one of the four men got on the wall with one hand and both feet; he called out to this man, and said “ What, are . not you contented yet?” and immediately put bis horse into a - gallop, to ride up to the spot as fast as he could; and the four men ran out at the side of the plantation farthest from- the road, that is, going the other way;-he himself rode up to Mr. Horsfall, and perceived that the blood had just flowed on his breeches; he was sitting on horseback when he rode up to him ; he said, “‘ Good man, you are a stranger to me; I am shot ;” and he seemed to fall sick, and was going to fall off his horse’

_ upon which the witness held him upon his horse, and the

-horse went on a foot pace; and while he was holding him

upon his horse, the blood spouted out upon his side; he then desired him to. go to Mr. Horsfall, a relation of his near that place, and immediately he fell off his horse; that he pnt him straight at the side of the road; and that there were twe

boys, ‘sons of Abraham’ Willey, a witness afterwards called

ore you, who were gathering horse-dung upon the road, and that he called-them, and left them with this gentleman whe. had been so shot, and gallopped towards the other Mr. Horsfall’s, in order to inform him of what had happened. He describes

this plantatian as being narrow, not more than thirty yards

over. He is sure he saw four men; that they were all strangers to him, he did not know them ; he saw them walking about in the plantation, ‘before he heard the crack of ‘the gan or pistol, before he. got up; asd he says, that when r. Horsfall seemed to get up abreast of the plantation, that he observed one of. the men stoop under the boughs of the trees, and then he saw the smoke and heard the firing, and that the other three seemed to be standing behind. That is the ac-

count given by this Mr. Parr.

Mr. Joseph Bannister, a clothier, states, that he was apon the road gn the same evening, the 28th of April, and he fixes it at neurly half-past six, when he met Parr, who had assistéd : Mr. Horsfall,

Page 67

. MEDLOR, AND OTHERS. ag

Nt. Horsfall, and bad left him in the care of the two boys, gallop- ping upon theroad. This tallies with the account whichArmitage

Mr. Justice Le Blanc’s

1 j ’ : >” Summin given, that this happened by a quarter past six or there- &

abouts. He states, that immediately on being-informed by Parr P

of what had happened, he galloped up, and found Mr. Horsfall Aying by the side of the roud, very bloody; and that he was removed from thence to the: Warren House, and he remained with him there some time.

At the Warren House he was visited by Mr. Houghton, a sur- geon, who tells you, that he was informed he was sent for about seven afid that another -professional gentleman hud t to Mr. Horsfall before he reached him, he did not get to Varren House tll between eight and nine in the evening, when he found Horsfull lying on the bed ; that he appeared sick ‘and pale; and his pulse was so much exhausted, that it was searcely to be felt;-it was a weak tremulous pulse; he exa- mined him, and found two wounds on the upper part of the thigh, three inches asunder; there was another wound, on the lower part of the belly, on the left side; two more on the right thigh, and a slight bruise on the lower part of the belly. He says, one of the balls had been extracted before he came, ‘and he extracted another large ball from the inside of the right thigh, near to the hip joint; that he thought very ufavour- ably of him, and particularly as that one ball he describes as having entered on the left side (the plantation being on Mr. Horsfall’s left hand) had penetrated from the left side to the right side, and had mearly penetrated the femoral artery, and that he had no well-founded hope of his recovery from the beginning. In fact, this Gentleman died the following day, and there is no doubt but that this wound, which the surgeon points out, which had penetrated from the left side to the right, was the cause of his death. And the two bullets were produced, one being @ pretty large bullet, almost the size of a musket bullet, and one which appeared to have been cut and fattened. One of these was extracted by Mr. Houghton, and

another by a gentleman who was there before him: they were

produced by two relations of Mr. Horsfall® with whom they were deposited after they were extracted. ‘That is the evi- dence with: respect to the cause of the death; and to be sure there cannot be a doubt that this person being so shot ai, as he was proceeding on the King’s highway, it was wilful merder, unless it can be shewn by some cireumstances, that it-wae merely accidental.

Then they call witnesses, for the purpose of shewing who

these four persons were, that were seen in this plantation by Mr. Parr, who was following at seme little distance after Mz, Horafall, and whe actually sow the fact committed, hearing

Page 68

50 THE KING: AGAINST

Br. Justice the crack, seeing the seeing.the men run away obt Ye Blanc’s of the back part of the plantation after the deed was committed. Summing They call first Benjamin Walker, a person who himself professes "PF =. to have been one of these four men; and you are to attend ta the account that he gives. J need not state to you that a man who is produced, admitting himself to have been one of the four gnen who Jey in wait armed for the purpose of shooting an- other, and who had gone out because.he was asked so to do, was himself an accomplice in the deed that was done; and that therefore he does not stand in thesituation of a witness, to whom full and perfect credit is to be given, So far his testimony 1s to be received, as the account given by himself, and tbe corro- boration given to it by other witnesses that shall be produced, may satisfy you that the account he gives is true.

Benjamin Walker says he himself is.a cropper, and that he worked ys a cropper at the manufactory of Mr. Wood, at Long royd Bridge, which is between and the place where - this transaction happened ; that he had worked there nearly two years; that it is a distance of only a quarter of a mile from ‘Huddersfield; that Mellor and Smith worked at this same manufactory of Mr. Wood; that since April, Smith left that service, where he was a apprentice; that the other prisoner Thorpe worked at the manufactory efa Mr. Fisher, in the game business of a cropper as he himself worked, and that Fisher’s maautfactory and Wood’s are not more than two or three. hun- dred yards distdnt from each other, both very near Longroyd Bridge; that he was not so well acquainted with Thorpe as _ with the other prisoners. He states (alluding to. what has been heard perhaps in the county, but is not the subject of the pre- sent enquiry) that an altack had been made by a.yery mis- chievous description of people, on some manufaciories or mills belonging to a Mr. Cartwright, some short time,befere; that on that attack on Mr. Cartwright’s mills and premises, the assailants had met with a proper resistance, and, in that resistance some of them had been wounded and Killed ;. that they were talking, in this manufactory of absut what had happesed at the attack on Cartwright’s, and. that they had said it was a hard matter that these meh,. who. had attacked the property of others, had had the misfortune ta.ke ‘killed themselves, or wounded in the attack; that dipon that occasion George Mellor said that there was no methad ,ef smashing the machinery, but by shooting the masters.;.. that they had lost two men in this attack on Cartwright’s,. He further states, that the day Mr. Horsfull was shot, he was @t avork at ; that George Mellor and Smith worked. together in one room; and he (Benjamin Walker) worked in anothes-; and that on that day, between four and five in the afternovR, frearge Mellor, the prisoner, came to him into the shop where ; 18 he

Page 69

MELLOR, AND OTHERS. 51

he was at work, and he describes William Hall, and his father Mr. Jastiee

(John Walker) and his brother (William Walker) as being ‘in the shop at the time. He says that Mellor asked him to go with him to shoot Mr. Horsfall; that he did not consent at the time, -and Mellor went away, and he himself went away to his drink. - This was between four and five o'clock. He was absent about lhalf an hour, and came back, That would bring it to’ about five o’clock. When he came back, he found George Mellor in

Le

Blauc’s -

Samming I

up.

the shop; one Varley was there, and Hall, and his father; and .

then Mellor came again, and gave him a pistol into his hand loaded, and said that he must go with him to shoot Mr. HorsfaHl, and told him it was loaded with double ball. He lifted up the - pan to see whether it was primed, and found that it was loaded nearly to the top, and primed. To be sure, Gentlemen, it is an extraordinary thjng to those who have not been in the habit of hearing such occurrences, thatany men in this world should hold such converse so openly together; but this is the account given. Upon which this man (Walker) says, he said he would go with

Mclior, and an order was given to go to Mr. Radcliffe’s planta- -

tion, and he thinks that both the prisoners Smith and Thorpe "were present; and Mellor directed Smith to go with this wit- ness to the plantation. He says, that at the time the pri- soner Mellor came into the shop to him, Mellor had on a drab jacket, but afterwards when be jomed him in the plantation (for he did not see him till he joined him in the plantation, he and Smith being ordered to go to the plantation and wait

there for him) had on a bottle-green top coat (and it —

‘becomes material, in considering the circumstances given in evi-~ dence in confirmation, to attend to the dress of the prisoner;) and that the other prisoner Thorpe had on a dark-coloured top coat.

He says that Smith and himself, who had been ordered to go first up to the plantation, had each of them a dark green coat on,

but no top eoats. He says Smith and he got up to the plan- tation first, and that they went there by the high road most part of the way, but part of. the way they went through the

and then they got into the plantation ; that the prisoner

Smith had a pistol with him; told him it was a pistol which he (Smith) had bought of one Mills, and that it was without a cock when he bought it, but that he had since put a eotk to it; that when he saw it, it was loaded, as Smith told: him. This man himself had a pistol, which Mellor had put into his bend. and put into his hand, as he says, ready loaded. “He says, that when Mellor and Thorpe got to the plantation, ‘he and Smith had been there about ten minutes. Mellor and Thorpe came over the fields, he thinks not the same way that he and Sith had gone. He says, that he had had some con- -versation with Smith, as he went along, in which he expressed Yo that he did not quite like the business they were

oing on, and that he was not for going any further. Hows

M2 ever,

a

Page 70

i

-$2 » QTHE KING AGAINST

_Mr. Justice ever, Smith said, “‘ Let us go forward, and then Jet us counsel

“Le Blane’s ‘Summing up.

the others to go back again; it is a pity to ge.” However, he says that Sth afterwards went up to the other two, when they were in the plantation, that is, to George Mellor end Thorpe, but that he (Benjamin Walker) did not go up: witli Smith, that they were at the distance of twenty yards, and

- when ‘Smith came back, he told him that Sfed/or had said, that

if they offered to leave him, he would shoot them dead. He fixes the distance, at which he says Mellor and Thorpe were from him in the plantation at that time, at about twenty yards. _He says he himself could not.see them at that time when they “were in the plantation, but he himself was at the distance of only twenty yards from the wall which separated the plantation from the road; that’ both Mellor and Thorpe were out of his

- sight, while they were in the plantation for

Mr. Horsfall’s coming up ; that he got sight of them again after , the piece had been discharged. ‘Their seeing one anuther, or “not, must depend very much on the situation of the plantation, or the wood being more or less thick in. the particular lme in _which they were viewed; they might not see- each other, _and yet they might be visible to persons looking from another os Parr describes himself to have seen them, I think , there is no contradiction in that respect. He says that, he himself did not see either Mellor or Thorpe, but he had seen "Mellor have a pistol before that time, and that be. saw it . in the wood after this job (as he calls it) was done; that _Mellor’s pistol was a large horse pistol, -the barrel of it nearly half a yard long ; and that the account Afel/or had givea af it

- was, ‘that it was a pistol that he had brought with. bim from

_Ruasia, where he had been, and. that be had sold it to a -man of the name of Hartley. Then Walker says, that ‘when they first got to the plantation, Smith. told him that the orders which they bad from Mellor were, for them two ~ to stand twenty yards distance from Mellor and Thorpe, and “that they (Mellor and Thorpe) would stand in the nook of the plantation by the road side nearest to the Warren Hause,

and that he and Smuh were ordered to fire, if. Mellor. and

Thorpe missed Mr. Horsfall. Tke- consequence of that. was, that they remaincd, as he says, twenty yards off, Medlor and ‘Thorpe being close to the wall at the corner. It was intimeted

defore, that one of the other two was to give a whistle, fo

intimate when Mr. Horsfall was coming; that no whistle (was given, but one of the people, and he thinks Mellor, said ‘Mr. Horsfall was coming; that the wall which separated the“

from the road was about a yard and a qnarter high ;

that he and got wp when they heard Mr. Horsfall was coming. [rem that account, I should suppose they had-been upon ‘the ground before, but that the wood was so thick he could not see w hat Mellor and Thorpe did, whether they. lay . dodwn,

A

‘N

Page 71

OTHERS 53

own, or stood. But-he heard the pistol go off, and then, he Mr Justes -says, immediately upon the pistol going off, he and Smith Le ‘fled a bit backwards, and directly after they were joined by Sunnie Mellor and Thorpe. At that time Therpe put his pistol. into" ; the witness, Benjamin Walker's, hand, saying, he would not I go with it any further, and at that time he saw Afedlor’s pistob his hand; that Mellor, on coming up to them, swore at : them, and damned them for not shooting. He said that he had shot, and that they ought to have shot, however it had been, - whether the others missed, or not; but, -however, they did not ‘shoot. He says, that at that time the pistol Thorpe put into his hand was warm in the barrel, and there wasno priming, s6 that ‘at had been clearly fired off. He says, he himself did not see Horsfall, for that he was in a thicker part of the plan- ‘tation. This is the account he gives of what took place in . the plantation, making the number of four persons agree with the account of four persons whom Parr had seen in the plan- tation as he rode up, just before the piece was fired and the report heard, which he gave an account of, and all in dark- coloured clothes, which, according to this man’s acconnt, ‘they all had on. And then his account is, that after this had happened, they all four went straight. forward out of the plantation, over several fields, to a wood called Dungeon- Wood, and to get to which they crossed a road which goes between the fields at the back of the plantation and Dun- _ .geon Wood, a road from Huddersfield to Crossland; that .they crossed that road, and when they crossed that road to ‘Dungeon Wood, they were going as fast as they well could; . ‘that they all got into Dungeon Wood together; that he threw ‘Tharpe’s pistol down before he got into the wood, in crossing ‘the closes, and that upon that George Mellor took it up;. ’ that. what became of it afterwards he himself, Walker, did not know; that when they got into Dungeon Wood, Smith and ‘he hid their pistols in some ant-hills in the wood; and that in . Dumgeon Wood: these four persons separated, George Mellor and Thorpe ordering. the other two to go towards Honley, being a different way from that which they themselves were gomg; that upon that George Mellor gave.them two shil- ‘lings, because they said-they had no money to buy any beer ; and accordingly they (the witness and Smith) separated, and saw mo more of George Mellor and Thorpe at that time but proceeded on to Honley, which is about two miles from this Dungeon Wood; that he had a powder-horti from Mellor before he went, which, he says, he hid at the bottom of Dungeon Weod. Nothing particular turns upon that, for not found ‘afterwards. -Then he account. where he and Sasih went to at Honley; that they 4nto.a public-house, be does not know the name of it, it is at ‘the bottom of Honley, on: the left-hand side; and he says : ; ere

Page 72

54 THE KING AGAINST

Mr.Jostice there was 2 collier drinking there, who appeared ‘to be pretty

‘Le Blanc’s Summing

eee

fresh in drinking; and that some men came into the public- house from Huddersfield market, and brought an account that Mr. Horsfall had been shot; and upon that being said, .Smité, the prisoner, who whistles particularly well, fell a whistling ;: and that this collier, who was in. liquor, was pleased. with the tune he was whistling, and got up, and attempted to dance.

That is mentioned as a circumstance, because you will find it confirmed by other persons not connected with the transaction,

~.who remember what passed at ‘the time, from that circum-

stance. He says they drank as much as seven or eight. pints of ale at this public-house, and left it between eight and nine

‘o'clock, and it was near ten o'clock before they got home to ‘their own house. That was the conclusion, according to his

account, of what passed that night. ‘Ihe next morning, he says, the prisoner Thorpe came into the shop at Mr. where George Mellor worked, and then George Mellor sent a workman, of the name of Sowden, to fetch this witness, Benjamin Walker, intothe shop where Mellor worked. He says he went in, and he there found George Mellor, and Thorpe and Smith; and that then they ordered him to be swom, in order to keep the counsel, to keep it secret; and

- he says, upon that occasion the prisoner Thorpe produced '

a book, which he said, was a Bible, and that Dlellor said he (Benjamin .Walkcr) must be sworn; and that Varley, and Benjamin Walker’s father, and a brother of his, William Walker, Sowden and Hall, had been sworn; that he took hold of the beok, and Thorpe read the oath to him, while they held the book, but he does rot know what it was that-he read; and after it had been read, Thorpe ordered kim to kiss the book,. which, he says, He did. ‘fhen he gives this. further . account ; that Mellor told, him that he had hurt his finger with the firing, and that the next morning, when he saw him, I his finger was tied up; that when they were in Dungeon Wood, after the deed had been done, the other (Lhorpe’s) face was bloody, and the account he gave of it was,

'. that he had scratched it or burt it in the plantation. And

he further says that the next day George Mellor told him that he and Zhorpe had been at Joseph Mellor’s, at the back of Dungeon Wood, after they had parted the day before.

He is then cross-examined on the part of the prisoners, and is asked, Where he had been for some time past; and he Says "That he now comes immediately from the Castle here; that he was brought to York a few days ago, that he had been at Manchester, and from thence at Chester ten or eleven weeks, when he was brought here. He bad been probably appre- hended, or charged with heing concerned in thig foul transac- °

. tion, and in consequence of that he was committed to safe

custody,

Page 73

MELLOR, AND OTHERS. 8s

eustody, that he might be forthcoming, to have his testimony sasticg submitted to'a Jury, when this matter should be enquired into. Le Bianc's He says he supposes it to have been about six o'clock when Summing this ‘affair happened’; that a man‘of the name of Varley, Wil- 4P- liam Hall, and his father, and brother William, were all present when the pistol was delivered to him,.and he expects that they gaw jt and heard the conversation ; that Smith was in the other shop; that before firing in the plantation, they were never wearer than twenty yardsto George Mellor or Thorpe, and that he was ‘never in the nook or corner of the plantation ; that he and Smith were behind, at nearly. twenty yards distauce, He is then asked when he first made this discovery : He says he first told this to his mother and to his father, the same night, after he came home, and that his father had heard what they were about before; that his mother went to Mr. Rad- cliffe’s about eleven or twelve weeks ago, in order to give this account, and to get her son examined, (as a witness, I suppose ;) that Thorpe and Mellor had been taken up before - stie went to Mr. Radcliffe’s; he says they were not all taken up together, that Mcllor and he were taken together; that ‘a reward had been offered for the apprehension of the mur- derers, that he heard from Sowden, it was £. 2000. Ele is then asked, whetber he had sent any message to a woman of the name of Hartley ; and he says, that while he was in custody, he sent a person of the name of Mary Dransfield to request Mrs. ‘Hartley to go before the Magistrate, to prove that he (Walker) had been at some other place at the time thie murder was committed. He says that he told Mary Drans- field that -he had totd Mr. Radcliffe that Mrs. Hartley was the first who came into the yard to tell of Mr. having ‘ been shot, and that he thought she would be a safeness to him by shewing he was in the yard at the tine, which he was not ; that he told a manof the name of Firth, that he knew nothin of the murder; that he was examined before Mr. Radclifie, when he was first taken; that he bad William Hall as a wit- ness for him, and bad sent to Mrs. Hartley to tell her that he had told Mr. Radcliffe that she was the first that came to tell Mrs. Wood, thinking ‘she might say-something to his advan- tage ; and -he says the reason was, that Mellor had told him that Mrs. Hartley had been the person that had in- formed the people at the works, of Mr. Horsfall having been shot. That is the account which is given by this witness, who certainly by that account makes himself out to be-one of the persons, who (if his account is true, and he had been standing at the bar) must have shared. the fate, which the others will, accordingly as ‘your Verdict passes’ for or against ‘them. Therefore you wiil examine the different parts of the account he. has given, and see how far there are different circumstances proved by other withesees, which induce you to doubt the : / truth

!

Page 74

Ar. Jastice Le Blane’s

Sumuiping Bp,

56 THE KING AGAINST

truth of what he has said, or to believe that the he has given is true. I :

The next witness ealled, is a man of the name of William Hall. He does not stand bere in the situation of an accomplice in this felony; but he does not stand free of blame, any more thas several others who worked in this manufactory of Mr. Wood's 3 because language, dangerous in the highest degree, appears, according to their account, to have been used among them, without much fear of expesure, as to liberties intended to be taken with the lives and the property of others. But he does not appear to be a partaker im this particular cransaction. _ The acconnt he gives you is, that he was a cropper, employed at Joha Wood's; that he remembers the day on which Mr. Hors- fall was shot; that on that day George Mellor applied to him for a Russian pistol, abeut four or five in the afternoon; that was a pistol which George Mellor .had brought from Russia ; that he, William Hall had bought it of q man at the top of Mirfield Moor, so that it belonged to William Hall; Meélor had sold it to one Richard Hartley, who sold it to else, who sold it to Hall; and then he gives a deseription of $t, that it had a brass hoop, and that the barrel of it was about a foot loag; that he accordingly lent Mellor that very pistol thatday. This, he says, was about four or five o'clock in the afterngon of this same day; and that is the same on which Benjamin Walker tells you,application was made to him for the first time, that he would be a party to go eut with them to shoot Mr. iorsfall. He then relates, that George Mellor went home with him (William Half) to a place ealled the Yews, which is just by their manufactory, and there he took the pistol, and put it under his coat; that the pistol, when he gave it to him, was unloaded ; that he saw Mellor load tt at his (William Hall’s) house; and that he put near two pipes °

heads full of fine powder into it, and then put one ball into it;

and afterwards some slugs that he flatted out from other. balls by hammers, and put them with the ene bullet he had first put —

~ and he put in another ball at top, and he rammed them

all down ; that seeing him do that, he asked Mellor whether he meant td fire it, for he thought that the pistot would jump back if he did; he said, ‘“ Yes,” he, meant to fire it, and

meant to givé Mr. Horsfall that, and that George Mellor -

eet off directly. This is the account this man gives. He does not stand, I think, clear of blame, by any means. Being applied to by Mellor, to lend a pistol, he lends that pistol; he sees him load it in the way he describes; und if he believed the man sincere, and suffered him to go out of his presenee without giving analarm, he cannot stand. as an innecent man. How-

. ever, this is the account he gives upon his oath. He says;

Gcorge Mellor hag before asked him (William Hall) -to be of

*

i.

Page 75

MELLOR, AND OTHERS. 57); the pariy, and to go out along with him, and he’said he did not Mr. Jastiee like to go’; that Mellor put the pistol into his pocket, and went Le blane’s away. Thenhe gives the same account, as to the dress of George Summing Meéllor, as Walker had done, that George Mellor had at that OP: _ time a bottle-green top coat on, and an under coat; that he had seen Thorpe that same afternoon in John Wood’s shop, and that he was possessed.of a pistol of nearly the same size with Mellor, and that when he saw him in the shop, he was braying some slugs at the window (which I understand to be hammering them out); that Benjamin Walker and Smith were in the shop at the time; and that.when Mellor asked him (Hall) to go, and he refused, one of them said, he would go. He then‘gives an ac- count of what passed the next day in this shop of John Wood,’ the father-in-law of Mellor; that Mellor produced a Bible, and that he (William Hall) was called into the shop; that Thorpe

. Was sitting. there, and a man of the name of Sowden, and one

or two other men whose names he cannot recollect; that a paper was read over to them; he says he does not recollect the whole of what.the paper contained, it was something about “ if ever. we revealed any thing concerning that business, we should be - shot, by the first-brother ;” that the Bible had been put into his.hand before, and after it was read over, he (William . Hall) kissed. the Bible. He farther says, that he slept in the same room with on the night Mr. Horsfall was shot; that when they were gojng to bed, Mellor said he had hurt one of his fingers by- firing otf the pistol,,and he did nat know_ whether it would be right again or not. You have heard the .account which this man before gave of the manner ih which the pistol was loaded. He goes on to relate, that he heard-that ° same evening, about seven o'clock, that Mr. Horsfail had been shot; that he heard it in Wood’s shop, where Mellor works, and the woman who-brought the account in was Dame Hartley ; that that same fight, as they were going to bed, Mellor told him that he and had called at his (Medlor’s) Joseph: Mellor, at Dungeon Bottom, and -that they had left there the pistols in some flocks. This certainly is a very ma- fact, when you come to consider the evidence given on that part of the transaction, and compare it. He represents -- Mellor to have added,. that there ‘were two ajfprentices of Joseph Mellor’s there, whom he had told to give the pistols to their master when he came home, and that he and Thorpe had gone through Lockwood to Huddersfield. That.I take to be the straight way from Dungeon Bottom, where they parted, to _ Huddersfield. . The other two men had. gone,-according to the account of Benjamin Walker, to Honley. Hall. says, that who went the other way with Walker,came home that night, and he likewise slept in the same room with the witness ; Smith said they had been at Honley; and that they had hid their pistols in Dyngeon they:were going through; a - I (Benjamia

Page 76

58 THE KING AGAINST

Mr. Justice (Benjamin Walker, you may remember, says they hid them in Le Blanc’s some ant-hills), and that they had some beer at Horley; that

Summing up.

the Sunday after this he saw the prisoner Mellor give Smith @ guinea or a pound note; and that i¢ was as much as three weeks after this, before he (Hall) got back the pistol which he had lent to George Mellor, and which, according tq their account, had been left at the cousin Joseph Mellor’s house, ‘at Dungeon Wood. He says after that George Mellor asked him, one Sunday, to lend his pistol to go to Leeds, saying that there were some people come from Leeds, that wanted some arms ; and accordingly he let it go. He gives this further acéoent, that on the Saturday hight, two or three days before Dfetlor was taken up, and when he was to be taken up, he asked this witness if he would have that eoet that morge had on, to go before Mr. Radcliffe the magistrate, as he (Hull) was the most like Thorpe; that he asked him to put oa Thorpe’s coat, that somebody might mistake him for Thorpe ; that he was to go to the justice’s with that eout on, when he was - called on, and say he was the person who had yone with George Mellor to his cousin Joseph Mellor’s, and had asked for employ in his work : but he would not do that. On the Sunday after Mr. Horsfall had been shot at, Smith asked him to go with him to seek the pistols that were hil in the ant-hills ; they went to D&ngeon Wood, and hunted for them among the ant-hills, but did not find them that morning, and they were never found. Two or three weeks after, Smzh shewed him a pistol, and told him somebody: had been with him, and found that of his. Heis particularly asked, whether, when Benjamin Walker was taken up for this offence, he had sent for bim (William Hall) to be his witness. He says he was sent for, but was not examined on behalf of Walker, but was examined relative to some other subject of shear-breaking, that has nothing, to do with this business. That is the evidence of William Hall; whose testimony, though he is not an aceom- plice, you will consider very attentively, as he ts certainly very much tainted. oe The next witness is Joseph Sowden, who says he is a crop- per in Wood's shop; that he saw all the three prisoners the day Mr. Horsfall was shot; that at about half past four, er between that and five, he saw Thorpe and Mellor enter the shop, while he was getting some refreshment, with each a pistol in his hand; that was the shop where he and Ben. Walker worked; Mellor worked in another shep. He says, Ben. Walker, William Hal, John Walker, and his son Wil- ' liam, and a man of the name of Varley, were there. Fle says he heard Gerge Meller, the prisoner, order Benjamin Walker to go home, and to fetch top coats and a pistol; that Benjamin Walker accordingly went out, but he was not there I when

Page 77

MELLOR, AND OTHERS. —Ss_59

when he returned, as that day he was working in what they call Mr. Justice the raising shop; that he did not see Smith that day at all, Le Blanc’s He says that one pistol, which they came in with, was Smitih’s, Summing that the other was brass mounted, with a brass guard, and was three inches longer in the barrel than the otber pistol; that -he saw no mere of any of the prisoners till he heard of Mr. Horsfall’s death; that what he heard pass was in Wood’s I kitchen, after he had got home; he had before that’ heard of what had happened to Mr. Horsfall. The next morning, he says, the three prisoners and Walker, both jointly and severally, related to him the ticulars of their lying in wait for Mr, He did not repeat the particulars, but he said that they all of them had related what had happened, and that- the next morning, or the morning after, Thorpe called him out — of the shop, and he followed Thorpe into the press shop; that Thorpe seid to him, ‘“ Sowden, I must have you sworn to kegp the murder ‘of Horsfall a secret in all its circuinstances.” - Sowden states, that he said he never took an oath, either legal or illegal, in his life; that he never had had occasion to be examined before a magistrate, and he did not chuse to take any - oath; upon which, George Mellor swore that he should take it, or he would shoot him dead; that through fear of. his life, knowing that he had it in his power to realize his threats, and having reason to believe that he never went without loaded pistols, he submitted, and. received the oath, which was ad. ministered in the press room; that Thorpe produced the oath out of his pocket, and that the substance of it was, to keep the murder of Mr. Horsfall a secret in all its circumstances, under pain ef being followed by the most unceasing vengeance, and finally put out of existence by the first brother he should meet; that there was a Bible at the time produced; that they afterwards, by the same threats, forced him (Sowden) to be the person to administer that oath to ali who knew of the murder of Mr. Horsfall, and that he accordingly administered it to Benjimin Walker, John Walker, James. Varley, William Hall, and Smith, who were all the persons - that appear not only concerned in it, but aware of the commu- nications which had been made from one to the.other. .

He says, upon cross-examination, that when Mellor came in, he ordered Ben. Walker: to go home and fetch great coats and pistols; and that he did not himself know at that time what they were going about. ‘© ‘ a They then produced on the part of the prosecution, John. Walker, the father of Benjamin Walker, who had veen referred to as a person who was in the shop and heard what was (passing, and as having been sworn, They called him up, to ask, whether-he was there at the time, in this shop; and in order that the other side mjght have an opportunity of putting EE eg + what

Page 78

Go TilE KING AGAINST

Mr. Justice what que stions they pleased to him. Ilowever, ff questions were Le Blanc’s put to him. ‘bis is the evidence as to what took place on the Sumiug — day on which Mr. Horsfall was shot, on the night when they ne. returned home, and the next day, when, according to the ac- count given by these witnesses, all those persons who knew any thing of the transaction, were bound by this abominable oath (if it was administered) to keep this matter secret.

They then proceed to the other points of the case opened on the part of the prosecution, as circumstances to affect the different prisoners iu the’ parts they took in the transaction after the murder of Mr. Horsfull- had been committed. And - they first call Martha Mellor, who says that her husband, Joseph Mellor, is the cousin of the prisoner George Mellor ; that she and her husband live at Dungeon, about two hundred yards ‘vom Dungeon Wood; and that to come from Mr. Rad- clifie’s piantation to their house, the nearest way is to come througl: Dungeon Wood. She says that she heard of Mr. Hors- fail having been fired at, between eight and nine o'clock in the evening an which it happened, by the report of some persons that came in. She states that her family consisted of her hus- band, herself, one child, four apprentice boys, and a servant girl, She speaks of one of the apprentices having misbehaved, and run away; and two of the apprentices being here. - She says that her husband is a cloth-dresser; that on 1 the same evening on which she heard afterwards that Mr. Horsfall had been shot, she saw the prisoner at the bar, George Alellor, about a quarter after six, when he came to her house with another person whom she did not know; that they’ came first into the workshop, and then from’ the workshop into the house; that George Mellor asked her, if her husband was within; she said that he was gone to market; he then asked, if they wanted aman to work; upon which she said, No, there was no 0c- casion. They had no work, I suppose, in which they wanted to employ him. He then asked her to lend him a handker- chief; it does not appear for what purpose; and she lent him a black silk handkerchief; and then George Mellor asked her to allow.the gentleman ‘who was with him to wash himsclf, and she accordingly allowed him to wash himself; and she . .describes George Mellor as having on a dark- coloured coat, but no tap coat on at that time, that is, when he came into the house, ke having been in the shop. She says the gen- I tleman who was with him had a dark-coloured top-coat on: They stopped there about a quarter of an hour. George Mellor asked her to lend him a coat; she told him her hus- ‘band’s upper coat was in the shop; and accordingly both these men went through the shop, the same way they had come into ‘the house; and they said, if they did not meet her husband, Ahey might probably call again about ten o'clock that night. She.

Page 79

~

MELLOR, AND OTHERS.

She says, she thinks it was a quarter past six when they came, for she guessed they. bad been gone about half an hour before her husband came home ; and she thinks he came home about seven o'clock.’ She is asked, whether the prisoner,

George Mellor, bas borne a good character ; and she says he

. Then the whole of this transaction is closed by the account of the apprentices. ‘They had seen these persons come in, for they came into the shop first. Durrance, one of these ap; prentices, who is about seventeen years. old, says, he saw George Mellor at his master’s house at Dungeon ottom this night, when Mr. Horsfall was shot ; that he was in the shop when George Mellor came in, and a man with him,’ who he

Mr. Justice I

Le Blanc’s Summing I

up.

thinks was like Thorpe; that ‘at that’ time they had

coloured top coats on, but George Mellor took off his top coat, and put it on a brushing-stone, and ‘he then had a green coat on; that he asked the apprentice to go up stairs with him, and

he went up with him; the other man stayed below ; that

when they got up stairs, George Mellor gave the apprentice two pistols, that they might be two feet long, that they put

these two pistols under some flocks to conceal them, that he ©

himself did not take particular notice of ‘them to know whe- ther they were loaded or not, and that George Mellor told him he had no occasion to say any thing about them; but he says that when his master came home, he (very properly) told his master who had been there, and what they had left there; that

he and his’ fellow apprentice stopped at his work, and George .

Mellor went down; that he shewed the pistols to his fellow apprentices, Kinder and Oldham, and that Kinder told him at

- the time that it was George Mellor, he himself not knowing him. Now, he says, he thinks that the-first prisoner is the

man. ° He says,.when his master came home, he told him his brother had been there, and what he had left there; that he

‘shewed his master, Joseph Mellor, the pistols, and "that his.

master, Joseph Mellor, and the apprentice, took- them from under the flocks, and carried them into the laith, and hid them under some straw in the laith. He says he has himself been

before Mr. Radcliffe the Magistrate, and that after he had been

' before Mr. Radcliffe, George Mellor gave him (this apprentice)

five shillings, and bid him give the other apprentice, Kinder, half of it, to speak the truth of what they had seen; but he

told him to keep the pistols a secret, that is, to speak the truth, but not the whole truth.

On his he says they stayed but a short time; that the time when his master came home was an hour, or an hour and a half, after these men had been at the house. —

Then the other apprentice John Kinder, who saw Mellor

in, and told his fellow-apprenticé who he was, is called,

He 4

Page 80

8

6a THE KING AGAINST

Mr. Justice He says that he remembers the night when Mr. Horsfall was Le Blanc’s shot, that he saw George Mellor come ia, and Durrance asked

up.

him who that was that came, and he told him he thought it-

was George Mellor; that he himself was in the fold, that he met Mellor coming dows again after be had been in the shop; that Durrance shewed -him the two pistols Mellor had left

. there, that they took them from under the flocks, and. he

thinks they were not loaded, and that for a very good reason,

. because he opened the pan and blew through the touch-hole ;

and he confirms the account of having received from Durrance —

half a crown, which, Durrance says,-George Mellor bad given him to speak the truth of what they had seen, but not to say

any thing about the pistols.

Joseph Mellor the cousin, who wes not at home when they

came, is the next He says he was at market on this afternoon, that he got home, as nearly as he can guess, about geven in the evening ; that Durrance the apprentice, when he ‘came home, shewed him two pistols; that he had, before he

¢ home, beard that Mr. Horsfall had been shot, and whea urrance shewed hiw the pistals, he went with him, and hid them im the laith, because he was afraid of their being found

~

upon his premises. He says the pistols were nearly of a size, .

but one was of a larger bore than the other, the larger one was brass-mounted, and he hitnself.had heard George before sdy, that he had brought a pistol from Russia. He says this too, which is a material circumstance, that he found a dark- coloured top coat upon the brushing-stane in his shop, and ia the pockets of that there were two ball cartridges, and he found a dark bottle-green coat behind the door, but -neithey of them belonged to him; that a man of the name of James

‘Varley came the morning ‘after, and he told Varley he had the

istals ; and in about a week after.the pistols were gone, but tow they gotiaway we do.not know, there is no account of who fetched them away. He also says that he-had left a top coat of his, which was.a drab top coat, at hame, and that was gone.

Now, the evidence of these four last witnesses, is evidence, which, a3 it respects George Mellor in particular, calls very much for:some explanation; because on this very night, and at this very tmme, according to the evidence of one whom you gannot suspect at all of being imfluenced by any bias against

. these prisoners,' George Mellor and a stranger came to the

house of the cousin, and “having been before in ‘the shop,

asked the wife of the cousin, whether they could give any work to-this man who was with hum? She said, Na. He then asked for the a handkerchief; and it appears by the evi-

_ dence before you, that one of them had hurta finger, and one of

them had scratched his cheek in going through the wood. It also appears, a¢cofding tothe’ evidence of the apprentices who _ sg Cote Ow wete ee Yr dh Bets ae ys * caw

i

Page 81

-

MELLOR, AND OTHERS. 63

saw them come into the house, that each of the two persons ‘who came, had dark-ealoured top eoats on; that they took them off; that Geerge Mellor laid his upon the brushing-stone, and there was another dark-coloured top coat hung behind the door, which Joseph ‘Mellor found when he came home; that

top coats) George Mellor asked his cousin for her husband's coat, and took away a light-coloured drab ceat of the husband's,

Mr. Jostic¢e

Le Blanc’s Summing up.

_ both having top coats when they came (and dark-coloured I

* which was hanging up there. That, to be sure, has the ap- I

arance very much of a-desire of changing clothes, so that the ress in which they had been, and might have been observed, should not tend at all to betray them. But there is another cir- cumstance: the first thing done by George Mellor, and this per- son, whoa is not recognized except by one of the apprentices, is to hide a brace of pistols, which the apprentice is desired to say nothing about, and they are -both of them discharged pistols ;

they are afterwards taken into a place of concealment, because the cousin, Joseph Mellor, thinks it not safe for them tebe -

was travelling; that-he heard’ a gun, but did not see it, being

_ found on his premises; and they are afterwards fetched away,

but nobody is here to tell us who fetched them. Joseph Mellog,

“when he comes home about an hour after, finds his coat gone, but

two dark-coloured top coats are left, one on the brushing-stone and one behind the door; in the pocket of one of which there

. are two balls. This is left wholly unexplained. This is fixed

to be George Mellur, by the wife of the consin. And if thesé circumstances were unconnected with this transaction, same account might have been given by evidence, with what trang action they are connected, so as' to shew that they are to be

considered features in some other transaction, and not features I

applicable to that which is the subject of our present en- quiry. That fs'the end of the evidence, with respect to what took place at Dungeon Bottom.

The only additional evidence is that which is produced by.

' Mr. Staveley, the Governor of the Gaol. The top coat taken off Mellor, the prisoner, When hé came here, which is

acknowledged by Mrs. Mellor to be the same that had been left at her house, and Joseph Mellor says is the same that he found left at-his house, when he got home that

_ evening, —

The Counsel for the prosecution next call witnesses who

had nothing to do with this transaction, for the purpose of giving an account ef what they saw in the neighbourhood of

this plantation. Abraham Wiley says he was a workman for from the spot where Mr. Horsfall. was shot, that is, ina field which I would describe as behind the plantation, with respect to the situation of the public road along which Mr. Horsfall

in

‘Mr. Radcliffe; that he was at work about two hundred yards

¢

Page 82

~~

64 -THE KING AGAINST Mr. Justice inthe stable. He saysit came from the nook of the planta-

x Blanc’s tion next the road ; that upon hearing it, or soon after, he went aie up, and saw four men running down by the end of: the build-

ing, across.the, fields between the. plantation and Dungeon Wood, and making for Dungeon Wood; that they were not _ hearer to him than fifty yards, and-that all the four men (he agrees in the account given by Parr and others) had dark- coloured coats on at that time; and he says that this must have been the time Mr. Horsfall was shot, because in two or three minutes afterwards, his two boys, who are referred to b another of the witnesses, as being collecting dung in the road came and told him what had happened to Mr. Horsfall: So that the point of time is fixed. . .

Then further as to that part of the case, a person of the name of Hartley was going along the road from Crossland to Lockwood, whichruns at the back of the fields, and of Mr.Rad- ‘cliffe’s plantation, and would give him the command of the ‘sight of those fields and of Dungeon Wood. He says, as he was guing along that road, he heard the report of a piece, and that . ‘when he got to the top of the clost of Jand-where he was, he ‘saw four men come out of Mr. Radcliffe’s plantation, and jump ‘over the wall that went to Dungeon Wood, and so into Dun- -‘geon Wood; that they had all dark-coloured clothes on; that ‘as they were getting over the wall, he observed that one of ‘them had a pistol, with a brass end to it, under his coat, be- ‘cause the coat flew back as he jumped over the wall, and on ‘the man looking back, and, as he supposes, taking notice of ‘him,’ he pulled bis coat over the end of the pistol. That ‘again confirms the account, that the' number who did this ‘consisted of four, and that they immediately made off that “way. I

Mary Robinson, the landlady of the public-house at Honley, to which the prisoner Smith and the accomplice (according I ‘to the account of Benjamin Walker) retired after the mur- had taken place, says, that her husband keeps a public- - house at the left hand, at’ the bottom of the town; @ that thev heard that Mr. Horsfall was shot on the same ‘evening, by some market people coming in; that on that - evening two young men came to their house, and had seme- ‘thing to drink ; that she recollects a collier being at her house, who had got a little fresh. with liquor ; and that when the news was brought, soon -after these young men came in, that - Mr. Horsfall was shot, Snath, one of these two young men, who. whistled very well, began, to whistle, and pleased the collier, - _ and that he began dancing. She'says that the time when the -youpg men came in, was between. seven and eight in the evening, and that they went away a little before nine. ‘That _tallies nearly. with the account Benjamin Walker gives.. And c.f 5 she

~

Page 83

MELLOR, AND OTHERS. 65

she says, that when her husband tame in, he asked them where Mr. Justiec they came from? and they said they came from Longroyd af Blanc’s Bridge; wliich'is the place where these two persons lived. © mms

up. This is the Evidence on the part of the prosecution, which consists of the evidence not only of Benjamin Walker, who , 18, in the strictest sense of the word, an accomplice (going out - with them, and continuing with them, though he says, the _latter part of the time against his will, being afraid to go back) but of the different other witnesses’ belonging to the same manufactory, who appear to have been witnesses to prepara- _ tions going on, and declarations made after the act had been _ done, so as to know what had been dune, and for a considerable time at leaSt never to have disclosed it, though they. were not themselves parties in the act itself. There is the confirmatory evidence of those persons who saw the four men, immediately after the report, making off in the direction described by the accomplice, and dressed, as is described by the accomplice, all in dark clothes. And above all, there is the transaction which took place at the house of the cousin of George Mellor, where the two dark top coats, and the pistols not loaded, were deft, under the circumstances which the witnesses have detdiled to you; andlikewise what took place at the public house where ‘Walker and Smith went, accordisig to Walker's account. ‘

On the part of the prisoners, they have called witnesses to shew that this account is not true, for that-some or all of the prisoners were seen by different witnesses at places and times, where they could.not have beev, if they had been con- _ eerned in this transaction. You see, no given to explain any of those strong passages of the evidencé, which I - observed upon to you as I went over it, and those in part from , ‘ persons connected with one -of the prisoners; bit: witnesses are produced, to shew that one or other of the ptisoners, and all of them in some instances, were seen at such a time in the evening, that they could not have been at this plantation when the piece was fired off, by which Mr. Horsfall was shot.. 'This ‘ must depend very much, not only on the credit given to those different wituesses who have been called, but certainly, at this distance of time, upon the accuracy of their recollection; some of them, you will see clearly, according to the accdunt given by the other witnesses, must be mainly mistaken as to time. I The first witness called, is William Hansard, who says he . was at Huddersfield (where he lives) on the 28th of April last, the day on which Mr. Horsfall was shot; that he knows the risoner George Mellor, to whom he papticylarly speaks; that, he saw him about a quarter of a mile out ef the town.of Hud- dersfield at a little before seven o'clock in the evening; that he bad heard of Mr. Horsfall’s being shot, and that Mellor was" K passing

Page 84

Mr. Instice Le Bianc's Summing up,

a

66 . THE. KING ‘AGAINST - passing as ‘if going to Longroyd Bridge. I -do not know whether that is consistent with the date at. which the firmg appears clearly to have happened. It must have happened some short time after six o’clock, according to the account of the first witness, Armitage. As nearly as he can recollect, it was a quarter before six, when Mr. Horsfall stopped at his door, and he fixes the utmost time he stayed at twenty minutes, which would bring it to a quarter after six, and he had a very little way to go to the plantation befure the shot was fired; so I that it would probably be between a quarter after six and half

_ past six, when the shot took place. This witness fixes it a

little before seven, When be saw Mellor on the road, as if going to Longroyd Bridge. That comes very nearly to the time he

was at Joseph Mellor’s. The woman says he was there ata

quarter after six o’clock; but clocks vary, and the memory of people varies-as to time; and therefore one cannot try very correctly by that test, unless one has something more than the mere recollection of persons. However, he says that a little before seven he met George Mellor upon the road, going te Longroyd Bridge.

Jonathan Womersley, a clock-maker at Huddersfield, says that he saw George Mellor. en the evening on which Mr. Horsfall was shot, about six o’clock, or a quarter or ten minutes after, at the corner of the Cloth-hall-street in Hudderstield ; that they went to Mr. Taverner’s, to settle a. little account, where they had one pint, and then a second;. he stopped till he got his money, and then he left Mellor there, and then he went to the Brown Cow in the market-place,.and the soldiers were then riding over the market-place, full speed. I suppose, upon the alarm of this person having been shot, the soldiers had been ordered out; that has-nat been proved, but I suppose that is what is to be understood. He says that he saw him about six, or a little after that time. According to the account of his cousin, he was at Dungeon Bottom ata quarter after six. They may all think that they speak ac curately, but still it shews the little reliance which can be placed upon evidence as to particular times, when you come to be bringing. several transactions within the space of pretty nearly an hour. Mrs. Mellor says that they stopped a quartex of an hour; so that according to her account,. Mellor did not, leave her house fill half after six: a

next witness is William a shoemaker, who ‘was at Huddersfield and at Taverner’s at the time the other man speaks to; he confirms his account, that they’ had’ two pints of beer, they remained'in company till they had drank it, and he thinks they ‘stayed half an hour at Taverner’s, it might be more orless, That does not carry it further as to

an :

Page 85

MELLOR, AND. OTHERS. 67

‘time, only that he was there with Womersley. “The. only Br. Jin

question is, whether it: was sooner or later, Summing ® John Thorpe says, he lives at Castle Gate in Huddersfield; 5 Up.

that he knows George Mellor; that he remembers, the day Mr. Horsfall. was shot, that he met George Mellor opposite the George Inn in Huddersfield, abaut ten minutes six _ o'clock ; (that is carrying it, you see very early;) that he I stopped. in the street with him a few minutes; he says he knows it wanted ten minutes of six, for that he had a watch he wanted to sell him, and he asked him if he would buy it; ‘that he took the watch out, and that that. makes him knéw it was ten minutes before six o'clock: That is not reconcileable at. all with the account given by the cousin, but by supposing that the clocks or watches vary very much, or that the memenies of the people vary-very much.

: Jonathan Battersley, a shoemaker at Huddersfield, says he saw Mr, Horsfall.on the evening when he was shot; that he went:up the street towards the- Market-place, a little after five delork ; that he (the witness) then went into his own house, that: he drank tea, and then ‘he. put on his coat, aad went up ° the street about a quarter of an“hour after Mr. Horsfall had got on horseback (tbat would be about half after five o’clock ; ) that: he went adross the Market-place leading to: New-street, where he met George Mellor, coming towards the George Inn ; that they passed words, and were not above a minute or ‘two together at the furthest; that he wert home; that it was‘ not quite six’ o'clock, when he left George Mellor, and he did not-bhear of Mr. Horsfall’s being shot till after-he had got home. Stilt. these all fix-him to have been in - Huddersfield time not at all consistent with, the account given I by Mrs. Mellor of bis being at Dungeon Wood. -

George Armitage, who’ is a blacksmith at “Lockwood, says, that his shop is betweert Joseph Mellor’s house and the ‘town of Huddersfield’; that he was in his shop between fivé and six, and that he saw “George Mellor come past, but he cannot sav within a. few minutes as to time; that he had not been ‘at \ bis drinking that evening, that they generally drank between five and half after’five, but that. he had been shoeing a horse, and ‘perhaps it.mipht delay him;, that when he saw George Melor pass, he. was coming as “if from Joseph Mellor’s, and going towards Huddersfield. - Now between this man and Joseph Mellor’s. wife, there must be a mistake; because she says, according to her account, he did. not leave her :heuse till ‘half after six, and this man. says ‘he came past his shop be- tween five. ‘and six. He. says he has known George Mellor some. time, and that he never heard against. his cha- racter.; that the account he ‘gave was, that he had. been at Joseph's ‘Meller’ 8, with a man that wanted.work. To be sure, K 2 7 either

Page 86

Me. Justice eitherJoseph Mellor’s wife, or this man, must havé'erred very

Le Blanc’s Summing . up.

68 ‘THE KING AGAINST ~

\

much in the time. They were not. aware, perhaps, of each other's evidence. ya ‘Joseph Armitage, a brother of ‘the last witness, says, that “he saw George Mellor, on the day on whieh Mr. Horsfall was shot, at the shop-door of his brother; that his mother came to call them in to their drinking,-and that he went to. the door, and saw his brother talking with George Meller. He-does not fix the time, only that it. was after his ‘mother had called themimm °C re po pos

+

The néxt witness: speaks particularly with respect to the’ prisonex Fhorge. Charles Ratcliffe ‘states, that he is a cloth-’ dresser at ‘Huddersfield';'" that’ he' rerhembers the night: Mr. Horsfall was shot at’;-‘that’ he was at Mt. Fisher’s, at’ Longroyd Bridge; that he went there‘at half past five o’¢lock ' that evening that he went into a.room at Mr. Fisher's, cabled

the raising-shop, and that he saw Thorpe thera raising a blue: ©

coat cloth, that he had a conversation with him for a quarter. of an and left bim there. when he came away ; that there was a young woman fetching water out of the cistern in- ‘the shop, in a.can;.that he ‘returned to Huddersfield imme- diately; dnd that when he got there, it was about a quarter or twenty minutes after six by the Cleth Halt Clock; and. that

- half ‘an hone after that he-heard of Mr. Hersfall being shot.

Se that, accerding: to his: account, he saw Tharpe in the; raising-shop at half past five.o’eleck that evening, and .he

stayed there nearly a quarter of an hour, which would hring: - it to nearly-a-quartdr before 9ix, with the variation of clocks. I

I apprehend a very little time would be neeessary to Longroyd Bridge to the plantation. Still, if they.are accurate in speaking, by the same,.elocks, the account appears incen- sistent; but, aceounting for the difference by the ‘difference in

_ cluexs and memories,.[-do not think it is so very striking,

Ratcliffe states, that Thorpe was the only mah at that tyme, Who was at work in the shop,

Frances Midwood, ‘a young woman living with her father

at Longroyd Bridge, states, that’ she recollects the 28th of

April; that they were to wash the next.day, and she was fetching water from the raising-shop of Mr. Fisher, for washing the next day’; that sh® begun going: about five o’elock, that the first ‘time she went there was nobody there; that when she went about. ten minutes after five, Witham Thorpe was there, and again the third time Wikam Thorpe.was there, talking with another man, but she did net know who he was 4 that she went ‘repeatedly, and continued gomg until she heard some réport about Mr. Hoystall being shot; and that thenshe did not fetch any more. water, but that:every time she went ta’ the raising-shop, after the first, she saw there; andjthat I one

-_

i

Page 87

MELLOR, AND OTHERS. 6g- one of the times when she was there she saw Abraham Pilling): Mr, Justice who had ‘been making her .a. pair of shoes, and had fdllowed, Le Blanc’s her to the shop, which hesaw ©. 61, .,, a _ "Phen Abraham Pilling is called, who is a shoemaker in: _ I Huddersfield. He says, that he had made a pair of shoes’ for the last witness, Frances Midwoud; that he delivered a’ pair of shoes to her on the night Mr. Horsfalt was ‘shot; that’ le was going to her father’s with them, and saw her crossiiiy the road with a cay, that he followed her into the raising-’ ~ house, where he found Her and William Thorpe; that she was lading water out of a cistern with a can; that ‘it-wanted 2’ quarter to six when he set out from home, and Lonpro Bridge is better than @ mile from So that, dccording to His aéeount, it must have been past six o'clock ptobably before he get there. He says that Fanny Midwood took the shoes, and asked him what was to pay, and she went to mon¢y to pay him; aed‘in: the mean time he tatked with’. - Thorpe, and then she c#me back with a note. He. stayed — a little while longer, and them be went forward a mile another way, where he was going :‘and that as he was poing out of the raising-house, the neighbours told him that: Mr. Horsfall had been shot, I 7 John Bower, who is apprentice at John Wood’s ‘at Longroyd Bridge, the dsy when Mr. Horsfall was shot, he’ saw George Mellor on Mr. premises; that they were hard-pressing, that George was' ussisting hitn at the hardening of the press; that Thomas Smith, Benjamin Walker, James Varley, and John Walker, were there assisting, and that the time when they were so doing was somewhere near seven’ o’clock ‘in the evening; that they stripped up their shirt-sléeves .to work} and that he saw the prisoner Smith go. to his drinking about six o'clock; that he had seen him a good many tities at work between neon and six o’cleck; that he went into his drinking about six; that he was at work in a - different. room from Smith, but that he went into the room where Smith was,. to fetch the pieces for the press; that he slept in the samervom with Mellor the night Mr. Horsfall was. shot, and. Thomas Smith slept in the same room; thes . WiJham Hall had a honse of his own, but he cannot recollect whether he slept in the same rodm that night or not. William Halt saya that he did. The bay then gives aa account of @ traiisaction, that be saw: the. Widow Hartley: come down . the yard about seven that evening, and that she first brought the account of what had happened to Mr. Horsfall, and that, heiand William Hall were then in the press-reom; that she brought the news of Mr. Horsfall’a aecident before and the others came to harden: Now he:does.not speak to having seen them come te barden tll after. tae news was brought. sy . e.

we

Page 88

THE KING AGAINST

Mr. Justice He fixes. it about seven much it was;: he: Le Blanc’s ‘ dees not say ‘precisely, ‘but that. it was about seven. It could:

Summing

Ups

‘not be, consistently with the others, unless it was some time: He says. he bad been. to call them before she came, °

that it was a particularly busy day, 4nd they did not gé to their drinking till six: o’clock 3, that he had'not seen George Mellor there, from three. in the _afternoon, till they came to harden... You have the account us to George Mellor, where he was a part of the time, from those who knew him well ; that he was. at his cousin’s short of. seven o'clock, and somebody with him, whom. the apprentice believes to have been. Thorpe. . ' Then Mary Thorpe, a servant to Mr.V Vood, says, that on the asth of April she saw Smith.and Bower coming in at the kitchen door, they came in ut six o'clock to have some drink, that it struck six'as they came in; that Mr. Wood's clock is kept pretty accurately by the Cloth Hell cleck; that. she supplies. the men who live in the house, every day, with beer; that John Bower, Thomas Smith, George Mellor, and William Hall, live. in the house.; and she states this that Smith has a-very good knack at whistling. The last witness called, is aman of the name of William Hirst, who lives at Longroyd Bridge, and lodges in the house

‘ef Mr. Wood, with whom most of these men work and many

of them lodge. ‘He says he knew Benjamin Walker, that is, the accomplice; that he remembers the day when Mr. Horsfall was shot, that he was-at Mr. Wood’s -hause that evening, that he went down the yard about seven o’clock, and that e met

. Benjamin Walker there. He says he had heard of Mr. Horsfall

heing shot, before he left Huddersfield ; ‘and that his son is a. merchant living at Huddersfield, wha employs Mr. - Wood as he does other persons, to do his work, I

- This, Gentlemen, is ‘the evidence. ‘produced ‘on the part of the prisoners, evidence of different persons coming in at different times; for the purpose of shewing that; at points of time in that evening which they fix, they saw either all. the prisoners, ‘or some of them, in situations not consistent with the time allotted by the account given by the other. witnesses for. this trans- action. When you see the point of time. at which it took’ place, nearness of all the different spots where they were to the place in question, perhaps it is not so surprising

: that there should at such’.a distance’ of time be so much

variance in the account given by ‘different witnesses, as to the periods of the ‘day, as there. appears to be upon the present occasion. ‘Even supposing the witnesses to céme-under no ime proper bias or influence in. what ‘they are saying; they-are speaking of 2 transaction, whieh not only took placea long time ago, but was not imputed to the prisoners at the bar till & COR~

Page 89

MELLOR, AND OTHERS. a a considerable time after it had taken place. For this took place in the month of April, and it does not appear that enquiry was made before the magistrate, or any of these persons com- mited, till the month of October. Nothing happened imme- diately after the transaction, to lead these persons particutarly to watch, so as to be accurate in the hour or time on that par- _ ticular evening when they saw these persons at a particular place; and we know how apt persons are to be mistaken, even when care is taken, in point of time. However, Gentlemen, it is for you to compare the evidence. The evidence on the part of the prosecution rests, not on the testimony of Benjamin ‘ Walker only, but of several other workmen in this manufactory,

Mr. Justice Le Blanc’s Summing

"who are not accomplices in this trausaction, though they appear

to have had a knowledge of it, which I cannot say is not to a certain degree guilty. For [ cannot hold them innocent in knowing of such a transaction going on, and treating it so lightly as to give no information respecting it, and to keep it concealed longer than while there was an immediate impression of fear of personal danger to themselves. But, independently of this, you have evidence of that, which appears to me to be the strongest part of the case, and to require the most explana- ‘tion, but which has not been explained, and which applies particularly to the prisoner Mellor, and to Thorpe, if you are satisfied he was with Mellor: YT mean, the transaction which took place at Joseph Mellor’s house at Dungeon Wood, and which goes to contradict, in point of time, the evidence given by the different witnesses on the part of the defendants. The enquiry is a serious one, not only as it regards the prisoners themselves, but as it regards the public peace and security. You, who have heard the evidence, will lay the facts together in your minds, and will do justice between the country and the ' prisoners. I The Jury retired at half past seven, and returned at five minutes before eight, finding George Mellor - - - - Guilty. William Thorpe - - - = Guilty. . Thomas Smith ~,.- + - Guilty.

The prisoners being severally asked in the usual manner, by the Clerk of Arraigns, if they had any thing to say, why sentence of Death should not be pronounced upon them?

answered, I Mellor—I have nothing to say, only I am not guilty.

Thorpe—I am not guilty, Sir; evidence has been given false against me; that I declare, I

‘Smith—Not guilty, Sir,

wd

Mr,

Page 90

52 THE KING AGAINST Sentence. « Mr. Justice Ly Btane immediately passed sentence of . ‘Death upon them, in the following words: ~ _, “ You, the several prisoners at the bar, have been tried and convicted of wilful and deliberate Murder ; under all cireum- stances an offence of the deepest malignity, but under the circumstances which have appeared in this case in particular, as far as one ,crime of the same denomination can be distin- ‘guished from another, this may be pronounced a crime of the .blackest dye. In other cases, the Court has been able to dis- eover something which might work upon the passions of ‘mankind, and might induce them to commit an act, at which, ‘in their cooler moments, their minds would have revolted. But, in the present case, the crime was committed against a man, who appears to have given no offeuce to any one of you, — except that be was suspected of having expressed himself with a manly feeling against those who had set up a right to violate ‘all property, and to take away the life of any man who had _been supposed to encourage others to do, (what I trust there still are men sufficient in this country to do) to stand manfully I forward in defence of their property. For that reason, he was. marked out by you as an object of the most cowardly revenge. _You, attempting to associate with yourselves such men as you could prevail upon to join in your wicked purposes, way-lay him at the moment when he is returning home, almost in mid-day, with a boldness which one has scarcely ever witnessed ‘in trying offences of this description. But im the course of your trial, proceedings have come before the Ceurt, at which human nature shudders. That the national character should: be so debaséd; that men, who ought to boast of their character as Britons, should have dared to hold forth, in the language in which you have held forth, and with so little discretion, that -assassination and destruction of property were instruments in ‘your hands, to be exercised at your pleasure, and against any person who had happened to offend you—independently of this, that you should have dared to take into your hands the Holy Scriptures, and to administer an impious oath to those who were cognizant of your offence, calling the Almighty as a ~ witness (that Being whorh you ‘vere conscious you had offended in the highest degree,) calling upon Him for vengeance upon the heads of those who should discover your crimes—thege are circumstances which have appeared ix the course of this trial, ‘and which have scarcely ever appeared in the course of any I trial which has been brought before a court of justice. ’

“« It is not upon the testimony of one, or of twa, or of three witnesses, that your guilt depends; and let me advise you not to lay that balm to your souls, that yau haye been deprived by false accusation, and by false oaths, of your lives. A chain af. circumstances has been discovered in the course of this 5 trial,

¢

Page 91

MELLOR, AND OTHERS. 73

trial, which. does not depend upon the oath of any one, of Sentenee. two or three men, whom you may denominate even as bad

as yourselves. Bat even from the testimony of those, who, if they had noe been honest to a certain degree, would have given a different evidence, it is clear that two at least of you were guilty ; and as little doubt remains, from other evidence, upon 4

the guilt of the third of you.

«« In the shop where you have worked, some of you appear to have gained such an ascendancy over the minds and over the consciences of the workmen, who were in some degree under your control, that you could mould and fashion them ‘to any, wicked purpose you yourselves might imagine. Their eyes, 1 hope, will be opened by the fate which awaits you; they will see, that though for a short time the career of the . wicked may continue, yet the law is sure at length to overtake em. a _- “ To you, the unfortunate persons who stand at the bar, (for every man who has disgraced his character as you have, must

be deemed unfortunate) to you the only kindness I can offer,

is in the advice to prepare, as speedily as you can, for that

execution of this sentence, which must shortly await you; to

make the best use you can of the period still allotted to you in this world—~longer far than was allowed to the unfortunate person who was the object of your revenge; that you will take the opportunity of making your peace with that Almighty Being whom you have offended; that by the sincerity of yout repentance, the fulness of your confession, and the acknow- ledgment. of your offences, you may endeavour to obtain that I

forgiveness ir. the world to come, which I cannot hold out to

you any hopes of obtaining in this world.

¢¢ It remains onfy for me to pass upon you the sentence of the law. That sentence is, That you, the three prisoners at the bar, be taken from ‘hence to the place from whence you came, and from"thence, on Friday next, to the place of exe- cution; that you be there severally hanged by the neck until

‘you-are dead, and your bodies afterwards. delivered to the ‘surgeons to be dissected and anatomized, according to the I

directions of the statute, And may God have mercy upon I your souls,” I I

~ BS I Thursday,

Page 92

“a. ~

THE KING AGAINST I

Thursday, 7° Fanuary 1814. pes For maliciously shooting at Joha T eae Hinchliffe. The indictment contained oa four counts; the two first framed on the I Soba Stat. g Geo. I. c. 22. and the two [ast on the Stat. 43 Geo. III. c. 58. ‘The first count charged, that the prisoner and a person unknown fired at Hinchliffe. The se-

. €ond count charged, that the person anknown fired at Hinchliffe,

7

‘Hinchliffe with intent to murder

and that the prisoner was present aiding and abetting. ‘Thé third. count charged, that the person unknown fired a and that the prisonef was present, counselling, aiding and abettirg, and privy to thé firing. he fourth count only differed from the third, in stating the intent to be to dd some grievous bodily harm to Hinchliffe. I . I , The prisoner having pleaded Not Guilty to this Indictment, it was opered by Mr. Richardson. Mr. Park.—May it please your Lordships; Gentlemen of the Jury, The prisoner at the bar stands indicted before yous upon two different Acts of Parliament, one (which'is com- monly: called ‘the Black Act) passed in the. reign of his Majesty King’ George the First, and the other in the present King’s reign, in the year 1803.. Probably this case will re-

solve itself more into the latter statute than the first.

Before I state-the circumstances of this case, I will shortly state to -you the law upon which the prisoner stands indicted

and the framer of the Act seems almost to have had in view,

by the preamble of the statute, the disturbances which have taken place in this county lately. For the Act sayse=

_ Whereas divers cruel and barbarous outrages have been of

ete wickedly and wantonly committed in divers parts of ngland and Ireland, upon the persons of divers. of his Majesty’s subjects, either with intent to murder, rob, or to maim, disfigure or disable, or to do other grievous bodily arm to such subjects, be it enacted,’? (the words upon which the present indictment is framed) «That if any person shall wilfully, maliciously and unlawfully, shoot at any of his Majesty’s subjects, or shall wilfully, maliciously and unlawfully present, point, or level, any kind of loaded fire-arms at any of his Majesty’s subjects, and attempt, by drawing a trigger, or in any other manner to discharge the same at or against his of their person or persons,” and then it goes on to state other crimes, with which I need not trouble you, * then and if every such case, the person or persons so offending, their coun- sellers, aiders, and abettors, knowing of, and privy to such . 3g - a efence,

Page 93

4

JOHN. SCHOFIELD. . I 75 shall be and are hereby declared to be felons, and shall suffer death as in cases of felony without benefit of clergy.” This is the law upon whicn the prisoner stands in- dicted ;- and I need hardly state to you (because the point has been ‘frequently stated during the ‘present session) that the question is not so much, whether the prisoner at the bar i:im- self, by his own hand, fired at this individual, John Hinchliffe; as, whether he and the persgn who did actually fire at John

_ Hinchliffe, went thither with the unlawful purpose to do some

‘bodily harm to him. For there are ‘two counts in this ment; one stating, that he went with intent to murder, and

, the other, that he went with intent to do some bodily harm..

Gentlemen, there are in these cases two main questions far the ‘consideration of the Jury; first, whether the crime itfelf ‘that.is charged has been committed by any one; and if it he established that it has been coimitted by some: one, then whether the person. now charged betore you has. becn guilty of “that crime. ‘

Of John Hinchliffe, being wounded, there will remain: no

doubt. He is a person of respectable and decent situation in

‘residing in Helmfrth in this county; being the clerk, he is a professional singer, teaching to the _€ountry people that art, and among the’ rest, he had the pri- soner at the bar for his scholar, The prisoner had been _Jearning for a confiderable time, so that Hinchliffe was: well Acquainted with him. In the aight of the 224 of July, the pro- secucor, being in bed, was called to -by'a voice without his:

house, and desired to come out of the house, He will swear,

that he immediately knew the voice to be the voice of the ‘prisoner. He had had a very good mean of knowiag his voice; and itis hardly necessary you should see the person who speaks to you, for you will equally know him by his voice, if you are acquainted with it. He was some time, being in the ‘dead of night, before he would come out; however, at last

he came out. I am,not sure whether he slept on the ground-

floor or not. As soon as he opened his door, he was immcdi- ately seized by two men armed with pistols, and dragged soine ‘considerable way from his house. There were two persans, ©

- neizhbours of his, one of the name of Thomas Hinchliffe (no

'

that this person had a more .evil intent-than was afterwards

gelation of his) and another of the name of Jonas Moody,

‘Jiving in another house, still nearer to him. “When he had

been dragged out of his house, it happened most providentially

(for I the statement made to me, very little doubt

_ a horsé without any ridef trotted ‘up, and

. alarmed these two men, “They thought of course that somes

I 4

body ‘was upon it, and were immediately alarmed; upon which the prosecutor, escaped fram them, and ran towards rere Re FEIN ae Ue OO a Pak TL ‘th i L ‘ . @

Page 94

6 THE KING AGAINST

the house of his neighbour, Thomas Hinchliffe. Immediately on his doing so, the other man, who is not found, and whosé name and person we know nothing about, presented his piece, and fired it of; and Hinchliffe has entirely loft his eye. He screanied out, and the two men fled, Thomas Hinchliffe gor up; and the prosecutor having called out, that his eye was bruised to pieces, which it was, he was taken first into the house of Thomas Hinchliffe, and then into his own, This is the fact which has been committed :, of that there can be no doubt, for the man will be examined before

The next question is, how is this brought home to Schofield the prisoner? On that subject, I will minutely detail the evi-

by which we propose to bring it home to him. In the

‘case of all crimes of this sort, itis desirable, if it can be done, to find out a motive for the act. You will naturally enquire -what motive there can be in this case.. Here ig a man living (as it should appear) on terms of intimacy with him, and why

should he commit this outrage? for there_is no attempt to rob I

his house, nor his person; indeed he had no clothes upon bim. Gentlemen, I am afraid there will be a motive most apparent.

. This young man had jojned a party of (what are called in that of the country) Luddites. Some time previous to this _ offence, I believe so long before as the month of May, this young _man met John Hinchliffe, and talked to him a considerable time. They walked together, and Schofield enquired of _ Hinchliffe, whether he would join the Luddites, and told him . _ that he himself was enrolled in the society of Luds, . @ paper from his bosom, and read it to him, which contained . _ words which he does not exactly recollect, but he will tell you they were to this effect: “ In the name of God Almighty,” and then, that *‘ any brothers who informed of each other, . were to be punished ;” with a variety of words of that descrip-

tion, importing an engagement of secrecy. Schofield went onto —

. tell him, that the kingdom was to rise; that they had got over

a whole regiment; and a vast variety Of particulars, which [

. shall not go into further. Hinchliffe immediately said, very

_

properly, «I will have nothing to do with it;’? and he was so. uneasy about this, that he thought it his duty some time afterwards to. commynicate what had passed to two or threé respectable persons in his parifh. Whether they bruited this abroad or not, I.do not know; but on the day or day but one

_ before this offence happened, John Hinchliffe was called out of,

his bed at six in the morning, by the prisoner at the bar, who I wished him to take a walk in the fields with him, which he ~ did; and the prisoner said, ‘* Have not you disclosed to Blythe, the constable, what passed between us on such a day He said, “I have not to Blythe, but I A. B, and C.”

_ "The prisoner said, ** I do not know how I am to get over this:

I could

Page 95

I ‘JOHN SCHOFIELD. - J could get rid of every thing but the oath;” and so he went pn, complaining. Genuemen, when the outrage itself was it will be proved to you, that the man who fired _ -the pistol, said to Hinchliffe, «“ What have you been doing? Hinchliffe answered, “I have dene nothing of which I am ashamed.” ‘ Yes,”’ said the other, “ you have been declaring something about John a

Still it will be asked, how do you prove John Schofield was one of the party at this house? It will be proved to you by Hinchliffe, that he was perfectly acquainted with the voice that ‘called upon him to come out; and that he knew the voice, at ‘the time, to be the voice of Schofield. This man had some- “thing over his face, which appeared to. be a light-coloared handkerchief; and, some accident .blowing-the handkerchief ‘aside, Hinchliffe immediately knew the man.‘to be the pri- ‘soner, and he will swear to you that he has no doubt of that

The’ prisoner at thé bar is 4 married man, and has a child; he lived with his father, who is also, 1 believe, a married man. _| He wasa workman with his father, both as a’ farmer, and in _his other business, whatever that was. The very morning ‘after this outrage was committed, the prisoner set out from _ this county to London, leaving his wife and child behind; he fled, taleing a very small quantity of clothes with him, as you will find proved. ‘There was immediately a reward offered ‘for his apprehension; he was described, and his dress de-' scribed. The witness who will be called, will describe the I _ kind of pantaloons, or long breeches, he had on at the time of the fact; that they were lead-coloured breeches. Immediately upon his person being déscribed and his name given, an officer . OF the police atthe Whitechapel Office in London, who will be called before yu asa witness, went on board a ship destined for _ America, and found the prisoner. Arid it is due tothe prie I soner to say (for I will state every thing for him, that I know of, as well as against him) that he had not gone on board the ship undes a false name. He was immediately asked, whether ' he came from “Yorkshire, and We said, he did. He was asked, .t whether he knew a person of the name of John Hinchliffe, of ‘ Upper Thong; and he said, he had never heard of such aman in his life. He was asked to read the advertisement. He ‘ said, he had never heard that such a person had been shot ats before he left Yorkshire; though it will appear in “evidence, that he left Yorkshire the morning after. He said, “I have yo doubt [ am the person here described, for this’ is my . I description; upon thé’ officer said, ** I’ must take you betore Sir Daniel one of ‘the police magis- trates in London,” ve He Ee te RE Lg a I a After

Page 96

28 ‘ THE KING AGAINST , After this, on-a request from the magistrates.in Yorkshir in conscqnence of a description of the handkerchief with which Schofield’s face was disguised, the police officer went on board the ship again, and opened his trunk, the key of which the Prisoner gave him; and in that trynk the very handkerchief was found. He had pair of lead-coloured pantaloons at the time of his apprehension; they did not appear to be very new; but hé was asked, where he got them; and he said, he dad bought them since he came to London, ata shop; ke was ‘naturally asked, where chat shop was; his answer was, sI.do not know the name.of the peyple, but I couvid shew swith the greatest ease, it is. near the Londgn Docks” The officer afterwards solicited him to. point out the shop, and de igould point out no such shop; and the officer went to three gr ifour shops, -but could not find that any such -article had been -sold to any one, And there is 2 decisive fact, syith respect tp these pantaloons; if he new paptalogns in the old ones with which he left the country, would probably . -bave been in-his possession; but there-were.nowe such,

The prisoner was examined before the police magistrate in London, which becomes material, lest there shaquld’ be any idea of fallacy in the memory of the witness, as to his not “knowing John Hinchliffe of Upper Thong. In this examing- tion, John Schoficld says, ** 1 come Nether: Thong, jn , Yorkshire;”? and.so on, “1 ama farmer; I worked with my. _swife’s father, Samuel ager, who his a farm at Nether Thong, _ which place IL left a fortnight since to-morrow,” In another part, he says, «I set off f.om Nether Thong on Thursday morn- ing, the 23d of July.” The deed was done on the 224, “Ido not know any such person as John of Upper Thong. _ J didnot hear that he had been shot at, betore I the - _gcuntry.” “Now. if he did not know such a person as John ‘Hicchliffe of Upper Thong, it was right he shquld say so; but wif he did know: him, and had done no injury to ‘him, what motive could there be for his concealing the fact; and when he game into Yorkshire, you will find he admitted the. fact. ‘Before.the in London, who. knew noibing of him, _ and wha, he then would never find out the truth of the fact, denied jt;, but being examined afterwards in Yorkshire, - . where. the facts were betier known, he said, ‘¢ 1 am well ac- with John Hinchliffe, of Wickens, in Upper Thong 3 4 have been with hia: many hundred times singing, he taught me $0. sing.’? So that here is_a direct contradiction between the one examination. and the other; and I read them ‘to you 4 for the, purpase of shewing that contradiction. ‘The first exa- _Mynation was taken ‘before.Sir Daniel Williams, so early, as the ‘gth of Augult'18iz, the aé& having been committed on the gad of July; and the second examination taken of course when . , . € .

Page 97

\

"9 was brought into the county of ¥ork.: These are the cor- roborating circumstances of the case.: ‘

- I am told, Gentlemen, and I mention every thing that I at awaré can be stated (because it is right to the prisoner, as well as to the public, that ic should be stated) I am told, it is to be — said, But John Hinchliffe of Upper Thong did not always tell . the same story; wheh he was first examined about it, he did frot mention this man. I dare say that is true, but he could not have been long in mentioning him, for he was apprehended en the sth of August,in London. But it is extremely probable, such was the danger and apprehension of every body in this. county at the time, particularly people living in that part of the county; and unprotected as this poor man seems to be, that these people should be afraid of speaking out, till they found they were under the protection of the government, or ~ the military. But you are to judge, as in all cases you must, his degree of credit, in the circumstances under which he made the concealment. I am also teld, we are to have an . attempt in this casé to establish an alibi; that is, that the prisoner was.in another situation at the tithe ef the fact being committed. 1 believe none of you:sat in that place yesterday, when every thing upon that subject, was most accurately ’ stated; but you know, Gentlemen, that the thing depends very much upon the accuracy of the prosecutor’s memory. You “will remember, when these facts were committed, that this man was waked out of the dead of sleep, and did not know the ¢tme;and if it stood upon that only, the man might be mistaken _as to half an hour, or an hour, I believe it will turn out, that in the evidence of the witnesses for the prosecution in this -case, the account of one as io time will materially differ from account of the other, and yet there was but one time at .which ic was committed. That the fact was committed, there will be no doubt, no man will dispute that fact, but the time, I belteve, will be stated differently ; but does not the clock of one neighbour differ from the élock of another? and is it to’be - expected, that the clocks of ali persons in this situation of ‘life . should agree? You'will attend to the evidence of the persons called t0 prove this alibi, and will consider whether they “may not be mistaken; and. when yon find differences of a quarter of an hour er. half an hour, it is impossible that such evidente --alone can afford a good defence. All these are circumstances for your consideration. 1 only draw your attention to them, ; because, by the proceedings in this case, it is not open ‘to me, “nor is there a necessity, for my addressing you further. ‘These I understand to be the grounds‘of the Sefence. I shall call ; my witnesses, and prove the facts I have opened; and if [ them satisfactorily to your minds, it will be your duty . : - te

Page 98

Legs! Ob- jection to the Indict- ©

THE KING AGAINSF

to find the prisoner at the bar guilty of the charge imputed to him by this indictment.

. The first witness called was the prosecutor, John Hinchliffe ; who proved the previous conversations with the prisoner’ in May, and on the 2cth of July, as stated by Mr. Park; and that,, on the night of the 22d of July he was called out of bed, and

on opening his door, was seized by two men, both armed with- _

pistols, who dragged him out of the fold before his house, say- ing at the same time, that they would not hart him, but wanted him to shew them the way some where; that, being alarmed. by the passing of a stray horse, one of the two men (whom he swore to be the prisoner) ran away; that the man who re- mained, asked the prosecutor, what he had been doing 3 to which the prosecutor answered, that he had done nothing amiss to any man ; that the assailant said he was a liar, and had fetched a warrant against John Schofield; that the profecutor replied, he never had, and had never been before a magistrate in all his life on that business or any other; that the stranger then whistled, upon which the prosecutor ran towards Thomas Hinchliffe’s house, and the stranger fired and wounded the prosecutor; and that this conversation was the whole which passed, between the running away of Schofield, and the shot being fired. -

As soon as John Hinchliffe had concluded his evidence, it being understood that this was the whole proof going to the gist

of the crime, the prisoner’s Counsel took objections to the indictment. -

Mr. Hullock+-I submit to your Lordships, that the facts given in evidence do not support the indictment, upon either of the statutes. I understood in the opening, that circumstances to shew a malicious motive were intended to be given in evi dence; but no such circumstances have been given in evidence atall. There is rio fact before your Lordships, to prove that, antecedently to the man firing the pistol, any malice or ill will, -

or any sentiment of that description, had existed in the mind

of the prisoner. at the bar towards the prosecutor; and the very last words, except stating that they wanted to enquire the residence of a man, were, from one or other of the two men, (he does not know from which) that they would do him no

harm. . J submit, there is no evidence here of that mind, which

must constitute an offence in this individual, Perhaps it may be contended, that although -this man was not corporally present, yet in legal intendment he might be considered as egally present. But I submit, there ought to be previous evidence of malice, in order to warrant the conclusion drawn by this indictment. There is not one particle of proof: yet given, and I apprehend none can be given, that this individual . either had threatened or intended any harm of any description,

before

Page 99

JOHN SCHOFIELD — $i before this time. The only circumstance from which any Legal Ob can be drawn, is, that these two individuals had jection to I pistols ; and my learned Friend having alluded to the situation the Indict- and state of that part of the country, I may do the same. is“ ™°™™ too melancholy a truth, that at that period the whole of that country, almost, was armed with that species of weapon. But, because this man was called up under these circumstances; I submit, in an indictment for a capital felony, it is too much to state, that there is any evidence to go to the Jury to sustain this indictment.

Mr, Williams—T1 trust your Lordships will excuse my following my learned friend, Mr. liullock; and it shall be precisely upon that point he has submitted to your Lordships ; that is to say, whether the charge, as laid, is made out at all’; and not whether there is any evidence for the Jury to comment upon. And, my Lords, I apprehend that there can be no argument raised against us from the language of the Black Act, as stronger, or as more powerful, than the language of the atter Act: but that upon each, this case must resolve itself simply into this; whether or not this man was, at the time, in point of law, a principal felon, or an accessary in the first degree, aiding and abetting at the fact? That certainly is the question ; because these large and general words, counselling, - aiding and abetting, are inere formal descriptions of the intent and meaning of law; they are the legal periphrasis for the shorter phrase, accessary to the fact in the first degree. ‘And { apprehend, that it makes not a tittle of difference, whether these words are there or not; for I could not contend before your Lordships, that, supposing there is a new felony created, all the incidents of felony would not follow ; and therefore I apprehend, that these words being there, do in no degree make the case weaker or strenger ; and consequently, that the

same rule applies to both statutes.

Now, my Lords, what is the rule in these cases? I apprehend, that the rule is plainly this; that if the party does not himself do the act, in order for him to be bound, the act of his fellow must be done in prosecution of the original design in which they set out. 1 presume that my learned friend, who is of Couneel for the Crown, assents to me‘in that point. If he does not, I shall be glad to hear in what it is that he disagrees with that proposition, I apprehend that that is the rule; and it is with a view to that rule, that we are to enquire precisely, whether Shere is evidence in this case. I shall not waste your Lomships time upon that point. My learned friend, Mr. Hul- lock, has drawn your atfention to the fact; and I will take leave very shortly to remind your Lordships of some cases ‘which have been decided, with a view to illustrate what the

law ts. M My

.

Page 100

Legal Ob-. jection to the Iudict-

,

2 THE KING AGAINST

My Lords, I recollect in Mr. Serjeant Hawkins’s Treatise upon ‘the Pleas of the Cyown, he lays down this (and I mention it not .asacase in point, but as illustrating my principle) upon the subject of unlawful assemblies: He puts the case of

a large assembly of persons, who as to numbers, and as to the

quality of their meeting in general, would, in point of law, clearly be rioters, suppusing they had no intent to explain away, that illegal purpose. I mean a meeting of persons at a fair; a meeting of persons at a market; a meeting in any other way, where the number of persons would be sutticient to constitute a riot, unless there was some other meaning. I will suppose an election, which is a case somewhat stronger, and where there is a degree of latitude allowed which there is in no other. What does Mr. Serjeant Hawkins say upon that? Supposing two men fall out and fight, or three, or four, that does not constitute any riot. Why not? Because it is a distinct act, collateral to and independent of the original purpose; be- cause the other persons are not to be fixed with an act, which is by the bye, which is collateral,which does not spring out of the

original design, but is a simple and individual act of the party, I

who himself is guilty of it, and who is therefore the only person answerable fur it; but he does not contaminate ‘or affect any person by-standing. Let me, with great humility, apply this doctrine. What does my learned Friend say is the purpose in this case? I leave that to him. I will suppose that it was some felonious purpose; that is of course, or the indictment could not be sustained. He has stated it to be to shoot. My learned friend,, Mr. Hullock, has already commented upon the fuct. “I will only remind your Lordships, with a view to apply what I have taken ‘leave, with great humility, to state, that in point of fact the party bad actually gone. away, was clearly-removed from the spot. The person supposed to be the ‘prisoner being removed, and an altercation actually

arising between the other man who was left, and who come I

yoitted the deed, and the prosecutor, that other man after

that time, and not until the man now before your Lordships .

(ef it was he) was withdrawn from the spot, independently, individually, of his own mahce and wantonness, fired the shot. This man being in no shape or way present, countenancing or directing .the other to dy the act, but being too far removed todo any thing of that description; then in point of fact is the evilact done, which is the subject of the prosecution.

With great deference to your Lordships, I will put nne other case; and having done that, I will trespass no further upon your Lordships’ time. In Mr. Kast’s book, there is a case of some, persons guing to reb an orchard, four or five I think were concerned. in -the case. One of the party, without that purpose, independently of that purpose, for no reason con- I 1 nected

Page 101

%%

JOHN SCHOFIELD.. - By

nected with that purpose, or necessary for the prosecution of gal Ob-

ig (and, my Lords, [ keep distinctly within the rule which I take to be the question here, whether the thing was done in

the prosecution of an original plan), fired a shot at a person

and killed him. It‘ was held individual murder. Why? Because he did the act of his own will, it being unnecessary

for the prosecution of the general purpose which the five had.

in view, and therefore he answered individually, and the four

- were held blameless. That is the way in which I, with great

deference, and upon very general recollection (for I have not had an opportunity of leoking at the cases), do with great humility submit to your Lordships, that the act of the man

who fired the shot was his individual act, after the purposé

(whatever it was) for which the two were unitéd, was at

an end. .

Mr. Brougham.—After the full and able way in which my learned Friend has argued this question, it only remains for me in one single sentence to remind your Lordships of the point. The corpus delictt cannot be varied by the evidence to be given, but all which is to be done, is more fully to identify the prisoner.

The question therefore is, whether. (admitting, for the sake of

argument, the person who went away before the act

ted, to be the prisoner) whether any thing is proved, sufficient I

to authorize your Lordships to let it go to the Jury, he not having been present at the time, and not having assisted in

the act; whether any evidence, now given, is sufficient of.

his. having come thither with an intent, which intent may appear from the facts to haye given rise to that act, not com- mitted by him who was absent, but by the person who remained. We submit to your Lordships, that the facts do not merely not prove that, but that they, negative it as far as they go. The facts are, that this person (whom, for argument: sake, we take to have been the prisoner) came with an un- known person ; that they entered into a conversation with the prosecutor; that in the course of that the prosecutor expressed some alarm, which was quieted by some expressions by one or both of them, and that he then acceded to the lawful request of goifig out to shew them the way to. some person’s house; that when they were so

going, a noise happened, that induced the one person to go

away ; and.that after a certain interval had elapsed, the other person did some unlawful act; and we submit, there is no evidence fixing that, other person, who had gene away, with an intent to do that unjawful act. I

Mr. Baron Thomson.—The Counsel for the ‘prisoner have done their duty, in endeavouring to raise any objections which they could on his behalf.~ But. as far as those objections meet my -understanding, I think there ig no foundation for _ M2 them,

jrettion to - the Indict-' meat. -

-

Page 102

Sq . THE KING AGAINST -

Legal Ob- them. It has been suggested, first, that in order to bring

jection to

‘this offence within either of the Acts of Parliament, it is

the Indict- necessary to shew some previous malice, to shew that this

ment. .

was 2 malicious act. Certainly nv such evidence is requisite in any of these cases, because the act itself sufficiently imports malice, unless an explanation of that act can be given; and it is no more than in the cuse of murder, which neces- sarily implies the act to be maliciously done. No prepense malice is necessary to be proved; in many cases it cannot ; but res ipsa loguitur. And so it is here. Supposing the pri- . soner to be the person (and ithas been admitted, for the sake of the argument, that he was the companion of the man who fired), the question is then, whether there are circumstances

here involving him in that guilt, which it is clearly admitted

attaches upon the other? It is stated that there are yone such. That ought to be left to the Jury for their consideration. Now see what the evidence has been, as far as it has at present gone. The other man, and the prisoner at the bar (taking him to be the man) go together, at the dead of night, armed with pistols, to the house of the prosecutor, who is in bed; they knock at. his door, and call him up, asking if he lives there: and when he comes to the door, and asks them what they want, they tell him that they want him to shew them their way to a man (a very idle account of their errand, not Saying what man they wanted him to shew them the way to); but they proceed further, and actually lay hold of him by each atm, and he is in that way brought out of his house. They . tell him, indeed,. that they do not mean to do him any harm ; but what they said is certainly no evidence of their not having any such intention. The prisoner at the bar stays there during the time that I have related: a noise is discovered of the trotting of a horse, upon which the prisoner (hearing it, I suppose, for the prosecutor heard it) runs away. As Seon as he is gone, @ conversation takes place between the Other man and the presecutor, agd which conversation Is . apphcable entirely to the prisoner; it 1s a very short one; there is ho altercation at all, no quarrel arising at that dime between the prosecutor ‘and the other man after thé prisoner ts gohe; but there are a very few questions, which shew sively the purpose for which that man at least had ‘come; and it will be for the Jury to say, whether“the prisoner had not accompanied him for the same purpose, and from the same

For as soon as he was gone, the man left asked the

prosecutor what he had been doing, and this all with relation to the prisoner; he said be had been duing nothmg amiss; that man immediately replied, that he had been fetching a war- rant against John Schofield; andit is in evidence, that Schofield himse.f, only I think two days before this, was apprehensive (for that appears from the conversation that, he hed had ve . ; e

Page 103

° -JOHN SCHOFIELD. 85 the Prosecutor) that a legal information had been laid against Legal Ot . ‘him; he inquires about it, and is very anxious to know whether the prosecutor had related to the constable and to the Indict- other persons, the conversation that had passed between him (Schofield) and the prosecutor, relative to Luddism, and that he had been anxious to swear the prosecutor into that strange and wicked fraternity. He was then afraid, as appears from the evidence of the prosecutor, that such an‘ information had been laid, and indeed the prosecutor told him he had related that conversation, not to Blythe the constable, but ro other’ persons whom he named. ‘The prisoner, Schofield, expressed. his apprehensions, that in consequence of that he should be sent to York, for that Blythe had threatened to get Lim sent there. Now, after the prisoner, Schofield;. had run away, having acconipanied this other man to the prosecutor's, and assisted in laying hold of him by the arm, pothing more passed between the prosecutor and the other man, than what I have now related, namely, the inquiry whether he had not giver information againt Schofield, and tbe telling him he was.a liar. when he said that he had not, before the other man imme- diately set up a whistle, the prosecuter ran off, and as he ran that other man shot him. Surely, here are facts, and facts ~ enough to be left to the Jury, in my opinion, that what that. ether man did was in consequence of their concert and agree- Ment to come together to this place to do this act. They come at the dead of night armed with pistols, they enter into conversation with the prosecutor, they endeavour to get him eut of his house, the one taking him on the one side, and the '

‘ether on the other ; and it will be for the Jury to say, whether

the reason assigned of his shewing them some person, whom they did not name, was not an idle pretence for getting him out fo use one of these pistols: and-one. was used, which happily had not the effect of depriving him of his life, but deprived him of his eye-sight. In the view I have of this case, and consistently with all the circumstances, there is enough to go to the Jury; that they both went tegether for this purpose, and that this act was in consequence of pre- vious concert on the part of both; and if the prisoner left the other man only in consequence of his taking alarm > on the horse trotting up, it appears to me he must be con~ sidered as aiding and abetting, if the Jury shall be of opinion“ that they did their endeavour to get the man out of tht house, for the purpose-of using the pistols. If appears to me there is enough in this case, as it now stands, to be left to the Jury. for their consideration. I . -

Mr. Justice Le Blanc.—-The manner, and the stage, at which this objection is hrought before the Court, calls upon them to decide, in some degr€e, upon a supposition as to what the opi- I

Page 104

Legal Ob-

jection to the Indict- “ment.

86 THE KING AGAINST

nion of the Jury may be uponthe facts. With respect. to the legal authorities whieh have been stated by the Counselon the part of the prisoner, [ agree with them ; but it is in the appli- cation of those hegal authorities to the present case, that I think they are not correct. In the present stage of the pro- ceeding, the question is, whether, supposing all the facts that have already come out, to be true, and supposing that which hereafter is urged on the part of the prosecution to be made out, if it shall be made out that the prisoner was with that unknown person ; whether, in any light in which the Jury, con- sistently with their duty, may view the case, the prisoner can be said to fall within the meaning of the Statutes under which. he is indicted? I do not think, in point of law, there is much difference ‘

” between the one Statute and the other; but, taking it upon the

Jast Statute, the 43d of the King, which is more express in I

stating that the parties shall maliciously fire, with intent to kill or to wound, and that persons aiding and abetting, privy to the design, shall be equally culpable. with the man who executes it; it will be brought to two questions. Fhe first will be, whether these two persons came with an design, or not; and what their‘design was, must be collected, not merely from the expressions they used, but from the time at which they came, from the manner in which they were armed, from the language which been used by the one of

' them to this party afew days before, and the conversation

rc

‘which appears afterwards to ‘have been followed up by the

man who actually fired, shortly after the other had run away ; whether, from these cirenmstatces, the Jury shall infer that, this man, at that time of night, came upon an innocent pur- pose of merely asking the way to a man’s house, whom he did not name, or whether the two came for the purpose of doing this prosecutor some bodily injury. If the Jury shall

‘be satisfied-that their purpose was purely inquisitive, without

any illegal-intent, the verdict may be one way; but if they shall be of opinion, that they came for the purpose of injuring aman, who had made a discovery dgngerous to one of them,

then it -will become a question, whether the man, who had run '

off in consequence of the-alarm of a horSe coming, can be said to be present, aiding and abetting? Taking it to be satis- factorilv proved, to. the minds of those who are ultimately to judge of it, that their purpose m coming was to do mischief, it is not by one of the parties running away at the instant of the act, and before the piece is fired, that he can extricate himself from the consequence of his companion’s act. With

. respect to the intent with which it is done, in none of these

cases is an express wicked iftent, or malice, necessary to be proved; the intent follows from the act itself; and if the neces- sary cunsequence of the act. done, namely, the necessary con- Sequence

¢ 8

Page 105

4

° SCHOFIELD.: 87 sequence of firing a pistol at a man, is, thatif it hits him, it shall wound him, or do him a bodily injury, the man who fires it at. bim, of course, dues it with intent him some bodily injury. It appears to me, therefore, that we should not de justified in stopping the case im the present stage, but that the proper course will be, to let it go to the Jury, who must

decide it. What the other facts may be, or what

the result may be, it is not for me to intimate in the least degree.

The rest of the Evidence for the prosecution having been received, and the prisoner having called witnesses to prove that he was at home at the time when the shot was fired, the whole was summed up by

Mr. Baron Tuomson.

Gentlémen of the Jury, THIS indictment charges the prisoner at the bar with having been guilty of a capital felony. The indictinent is framed upon

two Acts of Parliament, made in the same mutter, and which,

Aéts of Parliament are levelled against the offence of any person shooting at another. ‘An early Act in the reiyn of King George

the First, had made it a capital offence for any person to shoot

atunother. ‘The construction upon that Act always has been, that the shooting, to bring it within the offence against which the Act'was made, must be sucha shooting, as, if pursued with effect, would make the fact umount to the crime of murder. The other Act is rather an extension, by words more full than those of the former Act, to that which was the object of such

former Act. It is made a capital offence (among other things). ‘for any person to shoot with any instrument, loaded gun, or

pistol, at any other, with intent to murder, or to do any per sonal injury or bodily harm to that other person; and it de- clares all persons principals, not only who shallshoet, but who shall be present, aiding, abetting and counselling the fact, °.

- Upon these Acts of Parliament the indictment is founded ; and the charge in the first count is, that the prisoner, and ano- ther man unknown, shot at this prosecutor of the name of Hinchliffe. It is varied only in this respect, that the charge in the second count of the indictment alleges, that a person un- known shot at Hinchliffe, and that the prisoner being present was aiding, abetting, and counselling that person unknown in

$lovting athim. The two other counts are fuunded on the more

recent Statute ; and in order to bring the offence within its pur view, the third count charges, in so shooting at him, an intent to murder; and the fourth count, an intent to de some buduy harm to Hinchliffe. ‘These are the only differences. There can be no doubt, and [ do not leave it to you as & question at all, whether the prosecutor, Hinchlitle, did receive an 7 : anjury

é Leaal ob- jection ty the Indicte meut,

Mr. Baron Thomson's Suouniug

Page 106

Bs THE KING AGAINST - Mr. Baron injury of this description from the hand of some person or other ‘Thomson’s and it is not pretended that the prisoner at the bar was the hand Semming = that actually fired. The questions, therefore, for your consideration P- will be, first, whether he was the person who was present with the other man at the time that this act was committed :—I do not mean literally when the pistol was firing, but whether the prisoner was the person who went with the other with pistols, - in the way you bave heard described ; and if he was that per- . son, then, whether he went with an intent tu execute with the ether that fact which the other did execute.

‘In support of this indictment, John Hinchliffe has stated, that he lives at Wickens, in the township of Upper Thong.; He is u woollen rhanufacturer, and had been parish clerk of Holm- firth not quite a year. He bas known the prisoner, Schofield, — many years; they got acquainted with regard to music, Hinch- liffe being a little in the habit of teaching persons to sing, and the prisoner being one of the persons whom he. taught. These ‘ questions put, to let one see how far he knew his vaice ; and he says, that from having taught him to sing, and occa- ~ sionally him at other times, he became well acquainted I . with bis voice. He says, that he has lived in that neighbour, bood himself either six or seven years ; that he is married, and has six children, who, in July last, all lived with him. Moody was his next-door neighbour, and ‘Thomas Hinchliffe lived next ta Moody. It-seems these three houses of theirs avere all under ove roof. There is a fold before each of the houses, and a road before the fold. In July, the prisoner lived'at Lower ‘Fhong, about a mile from Wickens, and he has lived there ever since the witness knew him. Upon thé aad of July, the witness went to bed, with his family, between ten and eleven. In the night somebody came and knocked at bis deor, he thinks between eleven afd twelve, but he says he bas no clock. Most probably you all know with how much uncertainty people in the country speak of time, when they have no clock to go by; and indeed, how frequently it happens, even in mo- derate houses, where there isa clock, that isnot always at the right time of the day; so that persons speaking of the time of the day, at different places, may speak very differently indeed. The voice called out, “ Does John Ilinchliffe live here?” He was waked with this noise, and gaid ‘‘ Yes;” and le says that be knew the voice that called out so, and it was the prisoner John Schofield’s; and that he has no doubt about it in his I mind. Ile says he got up and went to the door, just as he got out of his bed; he-opened the door ; he found at the door twa |. persons, beth of whom had pistols in their hands, and had hats on, and one of them had over his face what appeared to _ the witness to be a handkerchief of a light colour. He made an attempt to shut his door agein, when he saw the pistols, but gould not. A voice spoke, and said, they would not hurt

'

him.

Page 107

_ JOHN SCHOFIELD. Sy" him.” They both fastened their arms on his shirt (he being’ quite naked, except a shirt) oné on one side, and the other Themson's — on the other. He told them they would hurt him; they © said they would not; and they asked the road to a man, not’ mentioning the name of any man. Just at this time a horse. came up the lane, trotting. Schofield (as he calls him) had’ a handkerchief over his face, which was accidentally drawn on’ . one side; su that he swears’he saw part of his face; that te - knew his person, and he siw'so much of bis face as to know it’ was his. He says it was very light, the moon being near the* fill. Schofield; on the horse coming up, ran away. Aftér’ Schofield ran away, he cannot tell how far, the man that was “eft asked him what he had been doing. Fle said he hed been doing nothing amiss to any man. The man said he was a and that he had been fetching a warrant against John Schofield, ‘The witness said that he never had; that he never was before 3 Mavistrate in all his life, on that business, or any other. He says this was all that passed, after the first man bad taken to his heels, and it took up a very short time; that then the who was left, whistled, and he himself set off, and ran. towards his neighbour, Thomas Hinchliffe’s, and the who remained, fired at him, and he was struck in his he cried out with all his might; the man ran away, and he himself was let into his neighbour Thomas Hinchliffe’s house. He then says, that in the month of May preceding, he: had seen Schofield (this was in July, you will recollect), it might be __ ken weeks before; that he saw him in Upper Thong Lane, when the witness was going home from Holmfirth Chapel, on a Sunday, between five and six in the afternoon; that Schofield overtook him on the road, and said he was going to get some drinking with him ; that was, about half a mile from his house; that when they came to a turn in the road, Schojffeld wanted him to go with him a different road from that which led to hi own house? and be accordingly went with him plac called Dyke, two or three fhundred yards, ‘when Schofield asked him, if he was a Ludd; that he said “ No;* and Schofield asked, “ would I be one?” the witness says he I _ said“# No;” buat Schofield took a paper from a breast potket, énd began reading to him~+fnom that paper. He remembers = =—s_,_— the name of God Almighty being ‘introduced, and: about & ‘society, and whut would happen to any ene who deelared what! passed. - tle says ‘the. prigoner told: him they were wanting to get a body of men within the Liberty of Holme firth; that they had. gqt one at Huddersfield, and wanted te get/a body of men in all places, and then it might be settled in - @ moment; end every place might do its own, and overturn the Government. You, Gentlemen, wiN. bear.in mind: all-the while, jt 38 not for any offence of this.kind; not for any of this seditious” conduct, tons. the. io new tryingy. How ‘i

ever,

Page 108

og, = THE KING AGAINST Me ever, ‘he stated to the that he bed heen ypor that, Thowsen’s . business that morning, .and was going to a meeting then, and . thera would be men from Manchester, and diferent places, at Gp. the meeting. . He said two delegates were to be fixed, to go to. Laydon, th the. House of Commons, to see’ what they could ‘da’ thane; that there was a regiment of soldiers twisted in *, afl but: Ong serjeant, oficars and all, and four of the Queen’s Bays too, Then -they parted, and the witness went to his house. Thi’ wag in May, about ten weeks before this fact which’ we ara now enquiring into, took place. Then, ‘be tells you, that, op the aotp of July, two days before this fact wag committed,, again) saw the prisoper; that he came to his hopse at Wickens, in the snprning, it might be between six and seven ;. that he was in bed, and his family was yp; that the prisoner... asked him, if he was nat for getting up, and the witness got up, ectly; the prisoner said he wanted ta speak to him, ¢- wanted him to ga out with him, which he did, into a, alg. ‘Facn the prisoner asked him, whether he had

ared. whet he (the prisoner) hud him, fore. ad heard the witness bad declared it, to Mr, Blythe (wha it srems is constable of Holmfirth); and that Blythe had that as soon as York Assizes were over, be woul bave him (Schofield) taken up, and sent to York Castle, and that ke should remain imprisoned there for six months, if g got vothing else. - The witness said he had not eb! ythe (and he tells you this was a fact), Lut that he ha da Mr. Keeling, and several other persony, whose names be. nentioned. Schugeld, upon this, said it wag a very bad job, if - had told them about the paper, that is, the paper which mu, will recollect h bad pulled ot, containing the Oath, ‘he witness said that si told, the prisoner said be did pat knew which way it could be gotten over; he 14: bit life wasim the witness's hands, and that it would nog amiss tp tell a lie, aud swear it, to get him off. At that hime they parted. He saw yothing of bim: after this, till the a2q, when be received the. He now speaks to the rgan of the prisoner, partly from the gbservation he made of his voice > the only opportunity he had of taking notice af hig was jn consequence of the handkerchief being on one side, and the whole, of the face not being covered, . Ha says, ov his cross-exumination (ang that certaigly ig so) @int he bad mt always given the same account as, to hia enowledge of tha persens. He says, that on the next day, wlien he was examined before the Mugistrates, ‘he was il}; ¢?- eos 4 4 LO an . i Lo ‘\ : WR 1

He will be: setisfacto #0” the wel} dispesed pert. ‘Ne th Se informed that this wae ‘mere pr

4

which thire war wo foundation whatever.

Page 109

Font ot teres 40 ill, av perhaps ke might think he should dfe, and he ‘Mr. did think he was in danger of death.” He was examited be- ‘Thomssn’s_

fore two, Magistrates, but tould not tecollect every thing;

foe gn FASE ‘Mr. Baron,

SumBing _

aiid that is the reason, he tells you, why he did tot then"?

njéntion every thing le has now mentiomed his

knowledge of either of the persons. fe fancies that there

was the same in the exumination then taken, that he has’ ghid to-day, ‘but that he fas now related rather more, fot’

that at that time hd did not récollect every thing. You

‘consider, whether tie injury he had received, bad for 4 tite

ko stated, that he is a neighbour to Joh Hinchliffe the

takén away his power of fecoltectiotr, or nots of whether he Was intimidated. He has hot’ gone the length of stving ttiaf., he was intimidated. Af that he that be di@not' recollect ‘every thing. The a¢count, he says, was taken’ before Mr. Scott and Mr. Armytage : the Bret appears to have een ‘taken before Mr. Scott, on the very day, and the second éfterwards, of that samé day, before Mr. Scott and Mr.

- Hé-says he carinot tell how long these Magistrates were svith him; that they went to Blythe’s foase, where he was,

for the purpose of taking his examination ; he was then in bed, and the examination was written by Mr. Scott; it was read to him, afd he It might be three weeks or a thontl after the 22d; before he mentioned Schofleld being one of thé rsons. The fact is, that the Magistrates never heard Wint. fnentioti his knowledge of Schofield being ome of the persons; till the time that the prisoner was examined after he had been eppréhended and brougtit back, which was on the. 31st of August; ahd he says, that before that time he certainly tuld every person that asked hiin, that he hot know the persons}

but he says now, that at the tinie he did know that ScAofeld I

as one uf them, but that when he was before the Magistratel, his recollection and faculties were not complete. ae

. Gentleinen, they then proceed (after sothe’ objettlott taken {a pomt of law to this indictment, aud to thé evittence if support of it, which 1 was of opinion was not valid, and ac- ovet-fuledy to call other witnesses. Thémas Hinchr-

prosecutor, afd Tives, as the other liad destribed, under the Bame rouf; that Hd heard a noise; that at Afst he could make

of it, lie thinks there were two voices; he knew

“bits,” ‘aid he bed bard. This,’ fe says, to his. «think, by hig tlock, Wad ‘italf ‘past eleven, ‘or Better.” Hix

"Sphn Hinchliffe’s voice, atid heard him say “ Wittess to ay body,” and then he héard a fire-piete go off; and he beard hin say, Toni, Tom, Tom, is a man has shot my eye ouf,” Fle got up as ‘soott a’ he could, and tnlocked ‘the and ‘Jet hit Johtt Hinchliffe said, “ My eye is bruised all to,

clock 52, . che

Page 110

Jr. Baron .

TAé6msan’s Surhming

.

~

92 THE KING AGAINST:

be looked at by moonlight. It seems it was very jight nighf,.

being about the full of the moos.

Francis. Freeman is an officer at the Whitechapel Office ie London. He says, in consequence of @ hand-bill, which had: been made very general, offering a reward for the discovery of the offender in this transaction, on the 5th of August he went on board an outward-beund American sbips,The Independent, _ of New York, and on board he found the prisoner Schofield. The ship was .in the London Docks. He asked him wf his. name was John Schofield. He said it He asked him. how long he had left the country ; and he said about a fortaight. He asked him, what part of Yorksbire he came from ; the pri-. soner said Nether Thong, near Huddersfield. So that the accourit

he gave of himself so far was a true account, admitting that he I

was John Schofield, that he had lived in Nether Thong, and that he had left that part of the country about a fortnight before. Freeman asked him if he knew any person. besides:

- himself, of the name of John Schofield; and he said’ there was.

_. nobody of that name but his father. Freeman asked him if he,

knew John Hinchliffe, of that neighbourhodd (and this is & material fact for: your attention); he said he did not, nor had

‘ever heard of the name of John Hinchliffe. He then shewed

him the hand-bill. He said that was his name,and likewise the place he had left; but he did not know the name of Elinchhiffe. He says he told him, that under the circumstances he must have him before Sir Daniel Williams, the Magistrate; and he observed . his dress was exactly as described in the hand-bill, which he shewed the prisoner. This amounts’ to proving that John Schofield was the person taken up,'and was the Fohn ‘Schofield who came from Nether Thong. He describes this dress that he iad on, a blue coat and light-coloured jean puntaloons, He asked him, in the way te the Magistrate, whether his family, knew phe passage he was gaing to.take to America. [Je said they did, and that his wife’s uncle lived in America, and, in consequence of some letters written: w his father, wishing him to come over, he was going; that his uncle was a grocer and farmer, and he.

thought he coyld do better there than here; that there had.

been a letter, about six months before, from bis uncle in America, This witness further says, that, in Consequence of some directions he received froin the country, he went on board

_.again to Search for a light that he searched a

trunk, of which the prisoner had furnished him.with the key ; the I

‘prisoner did not go on board with him, but told him where the

«

“There certainly was a very smal] - yoyage of that description, one one shist, and two

¢ ‘

trunk was, and told him to bring the apparel he found in if. quantity of clothes for a pair of stockings. He kept pussession.of the hapdkerchief, ane

~

Page 111

~JOUN . 93, -igt-Schofiehl have the other trifling things again. The prisonér Mr. Baron said he had purchased the pantalogns at a shop rear the Londoti. Thotison’s Docks ; but, after his said he should not know Summing the shop again. “Pe then called a gentleman, who was clerk to Sir Daniel Wiliams, one of the Magistrates at the Police Office White- chapel, Loudon, who proves the prisoner’s examination taken before the Magistrate, whieh is to this éfect :—Ile says, “ My name is Joha Schofield, I come from Nether Thong in Yark- shire, I ama farmer; I worked with my wife's tather, Sanwued dagger, who has a farta at Nether Thong, which place I left a fortnight since to-morrow. 1 walked to Leicester, and-came / up to London in @ coach called the Nelson, which took me up’ alittle betore I c:ime to Leicester. 1 worked with my father Schofield, who is a cloth-weaver-at Netber Thong. It.is about five years since I worked at that trade. Since that time I worked as a farmer. ‘I have a wife and one child, who are at her father’s at Nether Thong. I was going to New York, to a relation of mine, an uncle, whose name js‘George Ilirst,, and who keeps a shop there; his father is a farmer, and lives at I Greeth, in the township of Nether Thong. My uncle never wrote me apy letter inviting me to come w New-York. Le wrote a letter a few mouths back to his father, desiring me to come over to him. I brought about ten gnineas, in paper with me. I was to pay fifteen guineas for my passage to New York. “The: other. fve I had from my relation, Mr. Blackburn, in Aldgate, where I have slept since my arrival in which was last.Monday weck. My ehest is ou ship-board; [‘have no objection to have if - examined. . I have no objection to go down tq Yorkshire to clear myself. . I set off from Nether Thong on ‘Thureday moru- jug the 23d of July;” and-it was certainly 50 from what the father says, that he went away some time or ofher on that Morning, the 23d of July. Then he says, “ Ido not know any such person as John Hinchliffe, of Upper Thong, did not hear that he had been shot, before I lett the country ; I did not Know that he had been shot;” he repeats it. “ I set off myself, and came alone all the way to London., T brought tp with me ‘two shirts and three pair of stockings; ¥ did not mean to have ‘any more until to América. 1 bought the lead-coloured “pantalvons ‘I hawveiop, at some house neur the London Dock. I shew any one where [ gave eight shillings for them; the ‘person. gave me change: for. a. one-pound note.” This is the gubstance of that iafurmation which has been taken.)

They ‘then cafl Joseph Scott, Fsq. 2 Magistrate of this county, who states, ‘That the prisoner wag examined before dim, upon the 318t of August. Mr. Scott ‘algo’ states, being cross exumiged, took the examination oft : on tee eee ee oe te te hae én

soe { prosecit

a

Page 112

Baron homson’s Surhming

Ups

94 .. .. THE KING AGAINST _ — prosecutor on the 23d of- July: that he was sent for fo the place where the prosecutor was lying, at Blythe's, the cor- stable of Holmfirth. Mr. Armytage accompanied him. He- says, he thinks they arrived there about half past eleven; that the prosecutor was in bed, and dppeared to be in a dangetous state; that he entered’ into conversation with him; he, ap-" peared to be impressed with a considerable degree of fear (that is the-appearance which Mr, Scott thought he observed about:

him) but he did not collect from him, that it was the fear of -

death in consequence of indisposition. He certainly appeared: to him, in perfect possession of his He took his examination in writing ; the prosecutor assented to it, and, — he believes, signed it. Mr. Scett says, that he ought tp state, that they warned the prosecutor of the awful situation in which

he was, and that death might ensue; but that he did net com.

ceive him to be under the apprehension of death from what had happened. I an _ This is the examination of the prisoner Schofield, which was taken before Mr. Scott. on the gist August, when he was committed, of course after he had been brought back front. London :—* For my part I was in bed at the very time wher John Hinchliffe charges me with being at his house. f lodged: with my father, I am @ married man. Inever had any oath, nor do not know the meatring of it. - I have not a thing else to say at present. I am well. acquainted with

_ Johp Hinchliffe of Wickens, in Upper Thong ;” having, as you

ship, denied all knowledge of Jghn

will recollect, when the officer apprehended him on hoard I Hinclilife. have been ‘with him many hundred times, singing; he taught me to sing) the last time I saw him was on Tuesday morning; a part of what Hinehliffe says, is true; the reason I went to him was, J heard at Holmfirth, that he had been saying something to Blythe about me.” He certainly, according to the prosecutor's . account, had been.under apprehensions on that account, and had been with him two days beforé, saying, that he hud heard; - he had told Blythe what had passed about ten weeks before,’ ‘when the paper wag produced, and the conversation took place

yelating to the oath and the insurrections,’

‘They then call Alexander Holliagworth, who is # prisoner ‘for debt in this Castle, and-who states, that iff the month of. “July lest, he was a’ neighbour of Schofield's father (the prisonet,

"pou recollect, ludsed with his. father;) that he (the witmesay

eard of being shot, on the same. morning on which ite had happened; that he set out for his work ubout six o’clyck; _be.jived near FlinchTiffe, and as be’ was gomg to work; he saw ‘the prisoner and his father -mowing together; he called’ tb them out of the road, gtd sdid, * Meré is asad misfortuné has

in our town.” The prisover aad his father Yved ih

Lower

Page 113

y _ JOHN. SCHOFIELD. . - Lower Thong. The ald gentleman asked what it was, The witness paid, “ Somebody has shot at John Higchlife.”. The prisoner stood close behind his father; no answer, he says,

Mr. Baron -

Thomson's - Samming- .

was made to him; no doubt they might not hear what was

said, but he does not doybt hut they both heard. ‘The son said nothing, one way or the other, He bas known the young an eighteen or nineteen years, and has never known any, yng but what is good of him. . This is the case, laid before you on the part of the progecution.

The prisoner, in his defence, does not deny the circumstance’.

of his having absconded at the time that has been mentioned,. that is, the agd of July, the day after the transaction; but he’

aecounts for it in this way; that, hearmg that Hinchliffe was’

#het, and Hinchliffe and he having had some former conver-' of which Hinebliffe had spoken, ard Blythe having said’ he would send him to York, be was afraid Blythe would put

his threat into execution, and that was the sole reason of his

Jeaving home, not havmg had any share in the fact of shoot- ing Fiinchliffe. Thatis the footing he puts it upon ; that it was. in consequence of the conversation he had had with Hinchliffe, and which he understood Llinchliffe had revealed. It does happen, certainly, that the absconding takes place on the very day efter the fact of the shooting.

. _ ‘Then, on the part of the prisoner, they put in, by leave of the court, the examinations, both of them taken-on the,

game day; the first of them before Mr. Scott, and the latter of .

them before Mr.Scottand Mr. Armytage. In substance I think, they agree; there is no material difference between them. The, observation that arises froni them is with, respect to the description, which, upon the 23d of July, the prosecutor gave gf the persons who had done him this injury; and that he then gaid he could not distinguish the face of the man who fired the shot, and that he did uot know him; that he appeared to be g decent-looking young man, dressed in a dark-coloured coat, and light-coloured breeches; that he whose fuce was covered (having described ene as having his face covered) was dressed in alight mixed coat, something like a shooting jacket, and, appeared to be qbout five feet ten inches high ; that the man who

fired, had ona dark-colowred coat, audapair of light-coloured: —

breeches, and spoke, as he thinks, in a feigned voice. Cer- funly he did not, upon his first examination, say that he knew either of them; onthe contrary, he mentioned the face of one of

‘them being covered, but did not say there was uny part

face uncovergd, go as to give him aa opportunity of seeing any part of the face. In the examination taken the sama day hefore two Magistrates, he says expressly, that he does not know eather of them, He certainly did not-give any account fe the Dingistrates, nor as it appears to anybody else, a he ew.

Page 114

66 THE KING AGAINST © oo -Mv Baron Krew ejther of these pergous, till the final examination of the un the 31st of August. Then. for the fitst time, he _ gave ‘any account of bis knowledge of the prisoner. He has! mow positively spoken to from-his voice, which, he says, he had had an opportunity of hearing in singing, and in sation. He had cdinversed with him ten weeks before, on the: subject of the intended insurrections; and he had conversed’ with him, you observe, two’ days before this injury, on the. subject of the witness’s having made & discovery of what had passed before. them on. the former occasion.. The fact is (and you are to juslge of it) that he did not at that time. state the name of the prisoper, or any,suspicion of the persons who had cominitted.this offence; on the contrary, it appears, that he — told all. enquirers, that he did.not knew them., Prudence might suggest why he should say so to general enqyirers, byt the. same..reuson does not operate as it respects the Ma+ gistrates, eb ‘The evidence which follows, is given with a. view to satisfy, you, that..it is inspossible the prisoner could, at the time of night: which has beén mentigned, have been in comapany with the man who fired the pistol. John Jagyer says, he lives at Nether Thong, and. bas known the prisoner ever since he was born. Ie lives about 40 yards. from the house of the prisoper’s father; and the prosecutor lives nearly two mues from the: witness. He remembers hearing of Hinchliffe being shot; he ‘eannot recollect the day of the month; but the night’ before he (the witness) was ata methodist meeting, at the’ prisoner's father’s house, at which it seems he officiated in some way of It broke up, he thinks, twenty before ten; ke says, hf looked at the clock when the meeting con- but did not leave the house at the conclusion of the meeting ; it was, he believes, about half past. ten when ‘He ‘The prisoner was not in the room in which the mecting was held; but he saw him after the meeting broke up: Ye wus in the house-part at the time when the meeting broké up, The meeting was ina little parlour. When the witness left ’ the parlour, he went into the house, and saw the prisoner, sittin there; his wife was with him; ‘they both sat by the fire; the witness sat down also. The prisoner and his ‘wife left thé house-part before he went away ; and their leaving, to his account, was by going up Fhe prisoner said tg: Kis wife, Betty, let us go to bed, and these people will have our room.” The stairs opened into the house-part. They. wentup. hie believes, before ten, le himself going away about half past ten; and he saw no more of them at dill that night ; and that was the night that Hinchliffe received his Wound. Ve never knew arty thing bad of him, all his life. he says, he is sure it isabove a mile from the prisoner’s father’s, to Finehlifie’s. We must take think, -to be about a’ og roo or

Page 115

= .-

JOHN SCHOFIELD.

or a little above a mile; no very great distance. This’man speaks to the prisoner’s going up stairs a little hefure ten, ap-

Mr: Baroh ‘homso0’s

parently with an intention, at least professed, of going tobed; yp ss,

and his wife then going with him. ,It is impossible for him to state what, became of the prisoner afterwards. =

Barker says, that he lives in the neighbourhood of the prisoner ;. tliat upon the evening of the 22d of July, on the night of which this misfortune happened, he saw the prisoner at. his gwn home, which was his father’s ; that hé saw him half past nine o'clock, as nearly as he can ‘tell, and thé pri- soner’s wife also. The witness was at the Meeting. Whenhe game out of the parlour from the Meeting, the prisoner’ sat if a. the hearth-stoné; his wife was there too; he had his stockings down, and his waistcoat loose ; and he said, ‘© Come, lass, we will go to bed.” and he and his wife wert up stairs. Barker says he remained in the house, after that, better than halfan hour; he cannot say exactly how long, but .it.was after ten when he wentout. He went home; his house is about twa hundred yards, or better, from the father’s house. :Then he fells you, that he returned again to the prisoner's : father’s house that sane evening, to borrow some list. You will observe his account of the prisoner would not have carried ‘dim much further than the other account by Jagger, namely, his going, to bed at a litule before ten, the leaving the , house at.a little after ten, and not having seen him go out during that time; but it seems he returned again to the house _ that night, for the purpose of borrowing some list.. The pri- soner’s father 1s of the same trade; the list was wanting to - lay on a piece of cloth. .\When he got tothe father’s house again, _ he. says, it was within about five minutes of eleven; he tién ,8aw the prisaner.in bed, ag he swears; and the reason of his , seeing him in bed was, as he swears, that having gone to bot-

', row this list, while the prisoner's mother was weighing the list,’

he went for some water, in consequence of the prisoner’s child ». being poorly; that the prisoner called to bis mother, to fetch: . bim water, and the, witness went for it. instead of the mother, the mother weighed the listing, and that he went with athe. water.to.the prisoner, who was in bed; and when ‘he got down again, and got his listing, he returned to his‘own house. That he has known the prisoner ever since he has known apy s thing; that he never heard any thing of his character, but - what was right ;.that he is sure he saw both the wife and the : husband in hed at that time; that the mother was in the . ebamber alone, on the same floor with the bed-room; that he did not look at.the clock there whem he came in, but if wanted

five minutes of eleven when he got home to his own house,

- and he looked then at his own clock. He is asked, how it

é

. happened that he had occzsion to, go out this particular night, Oo i of

Page 116

Mr. Baron Ehomson’s. Sumuing

Up.

\

08 THE KING AGAINST

of all others, at that hour, for list? he says he does not ofte go out for listing at that time of night; and that he never did so before at that time of night. Then he says that Jagger had finished his discourse, the witness being one of the con- gregation, about half past nine; that the witness looked then at the clock ; that the prisoner and his wife were not iy the parlour; that after this meeting was over, Jagger and he had pipes, and they went away a little after ten. A question was put by the Counsel for the prosecution, to know how it hap- pened that he went back again for this listing to finish this

work of his, and how he carhe not to borrow it before he went -away from the prisoner’s father’s? His answer is, that he did

not know that he should want it till he came home; that a

woman, whom he calls Betty Buckley, should have done the

listing, but had not done it. He then adds, that when he

went, he found old Schofield was gone to bed, but the wife was . up; when the witness went ‘away first, he” left old Schofield

up; that his family consisted of a grandchild, that lives with

‘him; an apprentice boy, whose age is about eighteen; the pri-

soner, and his wifeand child, and his own wife. He says, that

' the list.is spun ready for laying on, in the chamber where old

Mrs. Schofield was; that it was half-a pound of listing he wanted, for which he went back again at that hour of the night;

that for any thing, he knows, old Schofield was in bed, but he .did not see him; that the witness had got home to his own -

house, and gone to bed just after eleven; that he cannot tell

.whether the grandchild was up or in bed, when the Meeting . was over; that he saw the apprentice, who went up stairs . between nine.and ten. He also says, that he left his brother working at home when he went to the Meeting; and when he

came back, he was short of listing; and he did not know that would be the case, and went back ; but his brother had worked

what he had; he had reason to expect it would have been

done by Betty Buckley, but when he returned she had not done the listing. This is his evidence. He speaks of seeing the prisoner, according to his account, going up to bed before ten o'clock, and that returning a good while after he found him in

_ bed, somewhere about eleven o'clock ; that he returned to

his own home a second time, and it was a little after, eleven when he returned, having left him in bed. I Then they have called Mary Woodhead, who is to prove bis being in bed later thah this; for she says sjgevhives at Nether

. Thong, and is a-neighbour of John Schofield, and sister of the

prisoner; that upon the 22d of July she had occasion to go to John Schofield’s house at night; she went a little after twelve, she went to borrow a dose of Batentan’s Drops; her. husband was ill, he had been taken ill the day before indeed, but she

went at this time of night, because he was so ill that he grew

1 worse

Page 117

JOHN SCHOFIELD. 99 worse and worse ever after he went to bed; that he had been Mr. Baron in bed nearly two hours, and he awakened her a little before twelve ; she got up and dressed herself, and went for the Bate- up. 6 man’s drops; she went there, because she knew they had them generally in the house. John Schofield too is in the practice of giving medicines. She asked for the mother; she came, I and the witness told her what she wanted; she did not sce Mr. Schofield; the mother opened the door, and she (the withess) went iito the house-part with her; the mother re- - commended a way of giving the drops in sage tea, and in- order to get this sage, she went with the mother into another . room, in which reom she swears she saw the prisoner and his -

wife in bed; and she. went into that room almost directly after: coming into the house.

’ On her cross-examination, she says that ‘the mother gave _ her the drops below stairs; that the mother went up stairs for - the sage, and she went.to hold the candle while the mother looked for the sage. Being asked, why could nut the mother have gone up.to this room for the sage herself? she Bays she went to hold the candle while the mother looked for. jt.

John Brooke is called, who says he is a clothier, and lives. _at Upper Thong, half a quarter of a mile, or rather better, from Hinchlifte’s. He remembers Hinchliffe’s receiving the wound. He himself was from home till eleven that night, or after; he went home a little after eleven, and he heard the crack of a gun or pistol, as he was going home; he was then I a quarter of a mile from the house. The next morning he saw John Hinchliffe stand at Thomas Hinchliffe’s door; he does not recollect that he had any conversation with him, "but John

Hinchliffe said, in ois hearing, he did not know the persons who had done this.

Eh Hobson is then called, with regard to the prisoner’s character. He describes himself to be a clothier; and says he has known the prisoner from his infancy, and has hada with him, and that he never heard any thing against his. character, till this.

Jonas Sykes has known him several years, and says he always bore a good character since he knew him.

John Schofield, the father, was then put up on the -part of the prisoner; but ao, question was put to him by the Counsel. The Counsel for the prosecution, however, put some © questions to him ; in-answer to which he states, that he remem: -bers mowing in the field the morning after this had happened to ‘Hinchliffe, and -he remembers Hollingworth (the witness ‘the part of the prosecution) passing by to his work, and telling him asad misfortune had happened that morning at Upper I T hong; ; that John Hinchliffe was shots: that he asked whether ros O2

Page 118

eo Summing

up.

190 THE KING AGAINST he was dead, and Hollingworth said he was not, but he cotld not tell whether he would die or not ; and he says his son went’

_ gway in about an hour after this had been said by Hollingworth. -

He states that he has. no relations in America, that he knows of, .It is stdted in the prisoner's examination before the Ma- gistrate, that he was going to some relations in America; that’:

examination had called them his wife’s relations.

-Upon this evidence, Gentlemen, you are to decide upon this’ ¢harge brought against the prisoner at the bar, which 18 in’ substance this:—thbat he was present diding and the other man who shot at the prosecutor John Hinchliffe. And the. first thing you are to decide will be, whether the evidence’ on the part of the prosecutor satisfies you, when compared with’ the evidence given on the part of the prisoner, that the prisoner was the person who came tothe house of John- Hinchliffe, at the time of night that, has been mentioned, rmed with a pistol; that he was one of the persons who took

him out of the house ; and whether he came with a determined

design of supporting another in, shooting him, or doing, jit, himself. “The first question is, Is he that man? Now that rests upon the evidence which has been given to you by the

Hinchliffe, who swears to his knowledge of his

He had taught him singing, and so had had occasion!

fo hear his voice, and had had other opportunities of hearing

it, in singing at different times, and in conversation with him

so lately as the Monday before. He speaks not only to his voice, but to part of his countenance; which he says now was partly covered with a handkerchief, but that that did not éover the whole of his face; and he now undertakes to speak positively to.the prisoner's being that person, who was so join with the other in the act which has been described. . You wil also take.into your consideration the abscending of the prisoner ppon the morning after, this fact had happened. He went

away, by his own account, exactly that very morning after it

had happened; and he was then ina lurry, as it appears, pre- paring to ship himse)f for America, saying that he was In consequence of letters that had come from relations. in America; which relations it seems he had not: certainly; in that respect, giving & false account of himself, and’ stating

‘also, both to the constable who went on board the ship, and

Jikewise in his examination before the Magistrate in London, that he did not know John. It seems he made no scruple at all in acknowledging his own name, that he was_ John Schofield, and telling his abode to be Nether ‘hong,

acterding, to -the description given in a hand-bill which was

shewo him; but that he persisted that, he did-not know any

thing of John Hinchliffe. ‘It is for your consideration what -weight is due to that circumstance, when it is proved that he ) a

Page 119

\

JOUN SCHOFIELD..: 102°

‘had so great a knowledge of John Hinchliffe. You wilt, upon Mr. Baron’ the whole, determine whether you are satisfied that he was the. om person present, when’ this violence was first offered to Hinchiliile, : up. anid ran away a. very few moments before the firing: actually was done, and in the way stuted, in: consequence of the alatnt of the horsé. He has imhis defence denied that he had anything to do withithis affair; and says, that having Hinchiliffe has in bis evidence asserted) before this time made’ him-acquainted with the bad he (the prisoner) : had in -what.is called Luddism, and Having attempted to swear’ . hhimrvin to be one of that party, and having heard that Hinch-- liffs: had given information to some gentlemen of this affair, ke’ hudshottly before stated that'it was: all over with him if ke: had yiven that informations And the colour which’. he now: gives to! his abscoriding,-is, not that'it: was'on of this’ violence which had been ‘offered to Hinchliffe, but’ front the: consciousness that he was in danger of being apprehended by’ séason of the communication he had made ,to Hinchliffe on’ ~ these topics, which afforded réason-enough for fear,’ certainly. . But the fact is, that the mowning after this affair: appened, he did abscond. I > You: will take into your. - aléo, the evidenve which has been given on the part of the prisoner, with respect to bis‘ being. at another ptace than that where this fact-hap- pened, at the time when it happened. The precise time it happened, perhaps, it is not extremely easy The prosecutor; according to his account, ‘had gone-to bed between ten and eleven, and was called between eleven and twelve, ad he guesses’ it. His' neighbdur, ‘Thomas Hinchliffe, to whose house he ran; says, that ‘When it was: over, and he had opened thé door, and’ was going in, he looked at his clock, and it was I half past eleven. ‘The evidence that has been laid before you, _ to prove what ig calléd/dn alibi, would fix him with going, to bed somewhat before ten o'clock, and being seen in bed by twa ° pettons after teh. witness, "Barker, tells you, that he had f at the house; and went hack again, and saw him in bed at very neatly eleven e’clock; for he gays (Cf he speaks truly, and if bis clock went right) ‘that whén he went home with the Jist, it was past eleven at right. There is then the sister of I the prisoner, who went at twelve o’clock at night (if she speaks ‘accurately also) to the house of her father and mother, in order ‘to. get. some ‘medical drops to relieve her husband, ‘who wus very ill; she-speaks to seeing him at twelve o'clock i in bed, ‘Jeatmg him there when she went‘out. . Itwilltherefore be for you first to consider, whether the prisoner . was the person who wis present when this offence was committed; “because, if the evidence does not-satisfy your minds that he waa ‘one of the persons there, it is immaterial, to consider What-shure Lt I that

Page 120

Bir. Baron

Thomson's

Surgmiug up.

102. - THE KING AGAINST

that. person, who was there, tock in the transaction. Ifit was not the prisoner at the bar, he is not answerable for what,that person I did: You will, when making up your minds upon this point, con- -

sider that the prosecutor had never spoken (even to the Magis- . -

trate) to his knowledge of the person of either of the two men, . or even to his suspicion that one of them was the prisoner, till the 3istof August. If you are’satisfied that-the prisoner was that person, and then only, it will be material for you to con- sider, whether the share he took in the transaction does or does not implicate him in the crime imputed to him. Now, if these two persons (whoever they were) came with a premedi- tated design (and you should be of that opinion from the cir- cumstances) either to shoot, or do some great bodily harm to the prosecutor, and if, this calling him up was a mere con-

- trivance to get him into their possession, that that purpose

might be executed, they will both be equally guilty. If the prosecutor speaks truly, two persons laid hold of bim, only with his shirt on, that is, one of one arm, and one of the other, saying, they wanted him to shew them were a person lived, not naming that that then one of them ran away upon hearing the horse coming, and the other fired, . If you

can suppose they had come there really with a design only to

get informed where the man lived, whose name they.did hot mention, and that that was not a mere pretence; and that the. one man ran away, not having been privy to any design of the other to shoot the prosecutor; then to be sure he would not be answerable for what the other did in his absence. If he was privy to that, if they came with this joint design, and his intention was to do this man a mischief, then, under the circumstances stated, he will be, in my opinion, guilty; for you will remember, both of them had brought pistols, and they were both endeavouring to get the man out of the

The questions for your consideration will be, .first, whether you are satiefied that the prisoner at the bar is that second tnan who was 50 present. If you are not satisfied of that fact, tbe other enquiry will fall altogether to the ground. Jf you are satisfied that he is the man, I mean, comparin the evidence which has been laid before you on the part the prisoner, with that given on the part of the prosecutor, which I repeat again, is evidence given as to his knowledge of the party tor the first time on the gist of August; if you are satisfied, notwithstanding this evidence which has been given,

not deciding upon conjecture only, but with certainty, that he

- was the man; it will be forryou to say, whether he wens with

-the other man with the criminal purpose imputed to him, namely, the aiding and assisting the other in so shooting at

Hinchlifie. In deciding upon the evidence to prove the prisoner could not be there, you will take inte your consideration the . probable

Page 121

JOHN ‘SCHOFIELD. - . 103

probable difference of clocks: You will likewise consider the Mr. Baron _ character which has been given him. In doubtful circum- homison's "stances, certainly a man’s character is of consequence to hiin. Now, Gentlemen, you will consider of your verdict, and will give that which will satisfy your consciences, and which will, I have no doubt, do justice between the country and the prisoner. If doubt remains, it ought always to breponderate in favour of the prisoner.

The Jury retired at half past five, and returned in half an ‘> hour, finding the prisoner - - - Not Guilty.

umming

ee “The Grand Jury having returned several Bills,

Mr.. Park -observed, The Gentlemen did not state whether they had any more Bills. I Mr. Lascelles:—We have no more Bills before us. Wedo . not know whether there will be any more, or not. -

Mr. Park.—Will your Lordships permit me to say a few words in answer to that question? There are some other cases, that my learned Friends (whose assistance I have on the present and inyself, have. considered; but we find, on the - investigation of those cases, that many of the persons involved in them have been under the influence and control of persons already convicted; and therefore, exercising the judgment ‘which is confided to us by the Government, upon this subject, we think we can do no harm to the county, in the present state of it, but on the contrary we hope we shall do much respect of these deluded people, by, abstaining at present from presenting any bills against them. ‘Their Attor- ney is in Court, and I trust he will communicate to them _ this lenity shewn to them on the part of Government; and will give them to understand (as the fact andoubtedly is) that my fasbearance at present does not exempt them from en- ata future time, if their conduct should not entitle them that forbearance. @,

Mr. Justice Le Blanc. —The Gentlemen will not press at. this moment to be

Mr. Lascelles —By no means, my Lords.

Justice Le Blanc.—It may be very much for the public good, that you gentlemen fhould not be discharged.

Mr. Lascelles.—We should not have stated any thing re- specting further Bills, if we had not been asked.

friday,

Page 122

a:

404 TIE KING AGAINST

Friday, 8 Fanuary 1813.

BEFORE the sitting of the Court this day, George Mellor, ‘Willian Tharpe, and Thomas-Smith, who were:on Wednesday convicted of the murder of William Horsfall, were executed an purguance of their sentence.

-

Not Guilty, to an Indictment charging him (in the first count) with having administered to Richard Howells an Oath, accordingly

against

Tur Kine ‘THE Prisoner was arraigned, and pleaded I NG, ‘John Eadon. 5

. taken by Howells, intended to bind him to be of an Association, I

Society and Confederacy, formed to disturb the public peace; ‘stating it in the second count, to be,an Oath intended to bind Howells not to give evidence against any associate or con-’ federate in such an association ; and in other counts styling it

_ ‘an Engagement, and not an Oath.

The Indictment was opened by Mr. Richardson. Mr. Park.—May it please your Lordships; Gentlemen of

the Jury, We are assembled here to-diy to try a. different

species of offence from thase that have engaged the attention -of the Court for the last three days; but I am sorry to say . that the offence now before you is deeply connected with those _ Offences. The enormity of the crime, with which the prisoner . stands charged, must be obvious to. every person who. duly -considers it. It is, however, as it respects ‘the prisoner, att offence which does not affect his. life ; for the Statute, on which he stands indicted, subjects those who are convicted, only to . the sentence of transportation, or any sentence of. that nature the ‘Court may think proper to give. by

It has always struck my mind most forcibly, that much ‘of thé mischief, which has affected this and other counties, : is owing to the crime with which the prisoner.is charged. The impropriety and profaneness of it must shock every reli- gious mind. We have had instances, in which we have heard @ great deal of religion, but it must be a false religion by ~ which men. can delude themselves into the belief that it is innocent to administer an aath, engaging those who take it to _fall upon the Almighty to sanction such enormous crimes as “those to be concealed under the oath which you will hear. it. displays a degree of impiety one ‘could hardly: believe to have dwelt in any human breast. The Act of Parliament, upon which the prisoner stands in- dicted, was passed about four teen or fifteen years ago; in con- sequence

Page 123

JOHN EADGN. 105 whuence of somé disturbances of this nature ih & county ; and the Act is so framed as to embrace every descrip- tion of offence which can be committed in this way. The Leyislature wisely thought it was absolutely necessary to make it so comprehensive in its terms, that it should be impossible to evade the penalties of the law. I only mention as an historical fact, that this crime having been curried of late in

this ahd sdnie neighbouring counties to a great height, the - Legislature has wisely thought fit to inflict the punishment of —

ath upon this offence; but that does not reach thé prisoner, for his offence was committed before the latter Act passed. The Aet of 37 Geo. III. is in these terms, “ That: any person ‘ or persons who shall in ahy mannet or fofm whatsoever admi« nister or cause to be administered, or be aiding or assisting at, ot present dt atid consenting to, the administering of. “* taking of any oath-gr engegement purporting or intended ‘ to bind the persoh taking it, to engage in ary mutinous or seditious purpose ;” and -so forth. ‘Therefore ahy of these are offences, either actually adrhinistering an oath, or being present consehting to its being administered, in whutéver form

that oath may be conceived. And by subsequent words you ©

will find, it is hot evén necessary to go through any of the formal ceremony uséd in the regular administration of oaths, of call- ing upon God, by kissing his Gospels, to attest what is sas; it is no matter whether it is by taking of hands, of in whac way it is taken, if it purports to bind in the nature of an engage. ment. And the purposes which render taking the oath penal, are very extensive: for if it be for any mutinous or sedi:ious purpose whatsoever, if it be an engagement to disturb the public peace, or to be of any society or confederacy formed tor any such purpose, or to obey the orders or commands of any

committee or body of men not lawfully constituted, or of any

leader or commanier of other person not having authority for that purpose; or if it be not to inform or.give evidence against any associate, confederate, or other person, or not to reveal or discover any uhlawful combination or confederacy, or not to reveal or discove. any illegal act done or to be done, or not to reveal or discover any illegal oath which may have been administered or tendered or taken, or the import of any such oath or éngagement ; it comes within this Act, and sub« _ jects the person so offending to the punishment thérein stated. ‘Thus you see, Gentlemen, the object of the Legislature most wisely was to prevent in any the least degree so dangerous & crime as this; and well it might; because the unfortunate eii~ cumstance, in many of these cases has been, that this oath, though false, though improper, though it must be highly offen- - sive, as I humbly conceive, to such a Bejng as we venerate a8 God, that a man should enter into such an engagement for so diabolical a purpose; yet it some how or other so . PO the

me

Page 124

&

106, THE. KING AGAINST

the consciences of these. deluded men, and. makes it next te

impossible to arrive at the discovery of the nefarious. practices of which, they have been guilty. Aud therefore it is of the highest importance to society that this crime, whenever it is detected, should be severely punisheda

''T. will now telt you in what way we propose to fix this éffence upon the prisoner at the bar. Ido not know whether’ any evidence will be attempted on the other side, in this case; but if ever there was a case made out satisfactorily to the fiind, this I am convinced will be so. The person whose tame has been mentioned to you, Richard Howells, lived in the house of the prisoner, in the parish of Barnsley, in this in the month of May last. About the 20th or atst _ of that month, he asked the prosecutor, or at least the person, to whom the oath was administered (for the Crown is the, fetal prosecutor) to take @ wakk with him in the Old Engine Field ; whén they were walking there, he said, “ What do, you think on what we have. talked about?” Howell said, “1 forget what you mean.” “ Why that about the Luddites : I wish you would be.one ; and if you will, I know a man that an make you a Luddite.” And the prisoner not finding any hegative put upon this by the persum with whom he was conversing, shewed immediately who the maw alluded to was, framely, himself; for he immediately teok out a book, which the witnéss knew, from living with him, to be a Common Prayer Book, and’said, “ Pray what is your christian name?” and on his telling him, said, ** Say after me;” the witness did so, and kissed the book. The prisoner upon that gave Llowells the Oath in his own hand-writing, and I shall prove it, and shall prove by two witnesses that it is his hand-writing; and therefore upon this case I conceive there can be no possible doubt. The prisoner desired him to take care ‘of it, and to get it off; and when he had done so, he delivered it to the’next witness, whom I shall call, Thomas Broughton. ' Broughton delivered it to a Serjeant in the South Devon Militia, of the name of ‘Prettyjohn, whom I shall call; ‘and he delivered it to his officer, Colonel Lang of that regiment. And here we have the paper, traced immediately from the hand of the prisoner, and proved to be his hand-writing by Richard Howells and Thomas roughton. . I .: Now, Gentlemen, let me reed to you this : ©ath; I say most horrible; for if men are to endeavour to ‘bind the consciences of each other by. any thing so shocking a8 this, it seems to me. civil society nwgt be entirely at an end:. “41, Richard Howells” (we will say in this case), “ of my own free will and..accord” (itis wrongly spelt). “* do declare _ and that FE will never any person or persons. any thing fhat may lead to discovery ef the, same,

\

either

st hosrible -

' oe

Page 125

-JGHN. EADON. to7

eithier.. ‘in’ word sign or action’gs may lead to Any disco- very, under the penalty of bemg sent out of this. worlf the

first brother that may. meet.me.. Furthermore J do.swear,'

that I will punish by.death” (so that even assassination on murder is to ‘be in their’ judgment acceptable in the sight of God) “ any traitor” (that is, traitor to themselves) ““ any traitor or traitors, shall there any arise up amongst us.. I will pursue with uyceasing vengeance, should he fly to the verge.of

statute ” (1. suppose it should be verge of nature), £ 1 will be.

just, true, sober and faithiul in all. my- dealings with all my:

érothers. ‘help. ‘God to keep. this. my gath., jnvielatets Amen.” / P48 ‘

Gentlemen, I chal trouble: yor with: Ae farther

tions. It is fmpossible for do P cannot ‘express -

to you inthis: place exactly the ‘feelings 6f wiy own ‘mifid apon the subject; but it is one ‘of those casés; that’ if jt is brought home ‘by satisfactory evidence to the prisonet, it mist delight every good man that such ~pefsons - are 8 _justice. -

+ ~ 4 Sm hay yeh

Howells having, in in his évidence, said that he was not quite in earnest. when he took the Oath, the Cotnsel, when he was called on for ‘his Defence, took objection 0. the lividence.

Mr. WV. ‘lliams —I beg. te subsait, to your Lordshipg,- that’ nd. one count is anade out in proof, Every count in this indict, ment states, that the person named, to. wham, the oath purports to. have, been administered, agtually togk the sameg that the pyisoner “ did adwninister the path then. and, there accordingly taken by the said Richard Howells.” I I do ngt mean to contend, for.one .mement, that jt was at all necessary so to state ; I apprehend the offence was perfect and complete, Supposing the party intended tu bind the man to whom it was

administered. But I shall not-wagte your Lordships’ time by:

arguing what might be stated or might.be omitted, bur the question is, attending to the allegatigns as they, stand, whether they are made eut, supposing them to be material allegations. Without troubling your Lordships further, I take leave to refer to the general principle laid down in Williamson v. Al-

jison, which is jn 2, East, 446; where the rule is stated to be

a:

-this, That wherever an allegation material to be proved, ‘js laid with a: particularity, ‘farther than is ‘requisite, with which’ ticularity it need not have been laid at all, and the whole is not 60 proved; wherg an allegation is‘incumbered with superfluous

Legal Ob. jection to the Indicte ment,

matter, but matter which cannot be rejected; if that allegation

is not made sut with the ‘particularity with “which it ‘is stated, the indictment fails. Ivgry count in this indictment only makes 3 yarlation as to thys being an Oath or an Engagement, P2 and

Page 126

Lega! Ob- jection te the Indict- meut.

follows;

et THE KING AGAINST

and by stating different purposes; and alleges, thet the pri- soner did admivister the oath to the said Richard Howells, so then and there taking the. same; which I apprehend is to be understood us -we understand it in commen language. For if there be no other reason, or no rule of law to the contrary, I take it to be clear, that every indictment, and Act of .Parliament, and other instrument, is to be construed ac- cording to ordinary acceptation in common parlance. Then what is the evidence in the case? Why, that this man did nut take the oath in earnest, he said he considered it to be in joke; that is,.that he did not take it in the.ordinary acceptation

-of the term, with a view to bind himself or his conscience.

What, therefore, I humbly submit to your Lordships is, that in point of fact, the allegation made in each of the counts is not

. gnade out in point of proof; although, I fully admit that the

ofignce would have been complete without stating that Howells teak the oath, and that it would have been sufficient to say, that the administered it, without more.

Mr. Justice Le Blanc.eMy learned Brether and’ myself have po doubt upon this subject. The offence charged against the prisoner is, the administering. The objection is, not

the prisoner admjnjstered it in a joke, but that the man took

it in a joke. The words of the indictment are, that the risoner administered the oath so taken by him. Did he take 3t? He certainly took it, whether he took it in joke or in earnest ; the oath was taken, the oath was repeated by him, the book was touched, and the book was kissed: And therefore, whe- ther it was necessary to put the allegation into the indictment or not, the allegation, as put into the indictment, is proved. The prisoner administered the oath without any mental re- servation. Suppose Howells had been a person, who for the purpose of detecting the prisoner, and knowing he was in the I abit of administering these oaths, had put himself in his way, and had intended the very next day to go before a Magistrate,

-and give information what the man had dene; he would have been a person answering the designation in the indictment, as

a person who took it, though he never meant to bind himself or his conscience, or to take any obligatury oath. appears to me, therefore, that the allegation as stated in the indictment is supported by the evidence that has been given.

Mr. Baron Thomson. —I am very clearly of that opinion.

After one witness bad been called by the prisoner, Mr. Justice Le Buane summed up the whole Evidence as

Mr,

Page 127

Mr. Justice LE BLane. I Gentlemen of the Jury, . I THE prisoaer at the Bar, John Eadon, is charged .by this Indictment with a simple felony; I say a simple felony, for it is-not one affecting his life; but it charges him‘with adminis- tering, and causing to be administered, to one Richard Howells, a certain Oath, then and there accordingly taken, which was intended to bind him not to inform or give evidence against any associate, confederate, or other person belonging to an asse- - ciation society 01 confederacy of persans, being an association society er confederacy formed to disturb the public peace. The ‘mnataore of this. society is differently charged in the several counts of the indictment. Jn one count it is charged to be a society to disturb the public peace, and in gnother count, not: te reveal or discover any act done by any person belunging to such society ; and tha other counts in the indictment charge it tobe anengagement. =. . I

The question upon the present occasion is, whether the evi- dence which hus been produced, and which I will detail to you, proves to your satisfaction or not, that the prisoner Eadon ‘did administer such oath so taken by Richard Howells. The administering any oath wbutever, innocent or unlawful, by any person not duly authorized by law to give an onth, was at a times, jn the comnion law of this country, illegal, and a mis- demeanour. But the particular Act which is altuded to was passed in the year 1797, in consequence of the practice of administering oaths of this sort, which are illegal, and tend to operate on the consciences of ignorant men, to induce them te believe they have entered into some engagement, and that they would be criminal if they revealed any of those circumstances which might come to their knowledge in consequence either of being of such society, or entering into such an engagement. That, which always before was a crime and misdemeanour, the ‘administering even an idle oath by a person not having auths- rity to administer an oath, was, by that Act, made more penal; and where it is intended to bind the party to disturb the public peace, or to be mischievous to society, it is made a felony; and it is with that felony the present prisoner is charged, And to be sure, after the enquiry in which you have been engaged at this time, one cannot want any arguments to shew ghe bad effect of such oaths being administered. That, how- ever, can have no effect upon the case of the prisoner at the bar, wuless you should be that he did ip fuet admjnister this gath, as charged by the indictment. . The account given by Howells'is this: he says that he him- self was employed in the business of a weaver, and worked with the prisoner, at a place be calls the Old Engine; that he w

Mr. Sastice Le Blanc’s Summing up.

Page 128

Bir. Justice Le Bianc’s Sumning

136 THE KRING AGAINST worked with him in the month of May.; that helodged in his house, and first went to live and lodge with him, and to work in his business, on the 18th 6r 19th of May, hé will not'be sure which. He says that just after he-went there, on 4 Tuesday, the prisoner began to be talkinz:to hin about thé

then told him he would make any body a Luddite;

and that he had made a man im the shop believe that he could make any mana Luddite. He aftetwards says, that man.in shop was a manof the name of Swift, who lodged there. .: He says that about two or three days after this tonversatian took, place, on the 20th or of May, the prisoner asked the wit- hess Howells to walk out with him ‘into the fields, and they accordinely took a walk out together; and when they were 50 out in the fields (which he describes to have heen in the evening) he asked him what he thought ot what they had been talking about before. Howells said at first he did not recollect I

‘what they: had been.takking about. ‘The prisoner then said,

concerning the Luddites, and then asked him if he would be one, He said he would be, one ; .and upon that, he says, the prisongr Eadon pulled, out of his pocket a book, which he the witness knew to be the Cemmon Prayer Book, put it into the witness’s aight hand, and then asked the witnaess his Christian name, foy the purpose of repeating the words of the oath, for the witness to follow him in ¢he repetition, beginning with his Christian and surname. He says that after he had given htm his Christian - name, the prisoner then began to say, “ I Richard Iowells,” desiring the witness to repeat after him; and he then repeated - by heart, and correctly, with the omission, 1 think, only of an expression or two, the form of what is called the Oath, which is set forth on the paper afterwards produced. We says that the prisoner. fiyst of all repeated.it or spoke it by hearts and ~

that he (Howells) repeated it after him, and that the

ofitwas— . __.. “ 1 4 MI of my own free,will and A Coard do declare * and solemly sware that I will never reveal to aney to aney Person or Persons aney thing that may lead to discovery of the same Hither in or hy word sign gr action as may fead “ to aney Discovery under, the Penelty of being sent out of “this World by the first Brother that May Meet me “ further more I do sware that I will Punish by, death aney “‘ trater. or trators. aney arise up amongst us

“ Twill persue with unseaceing vengence, should he fly to

the verge of Statude.. I will be gust true sober and faithfyl iu all my deailings with all-my Brothers So help Gop to

an

* keep this my Oath Inyojlated Amen,” I

This, he says, was what the prisoner repeated, calling upon Howells to repeat after him, which he did; and holding at the same time the prayer-book, which he says he had put into bis hand,. and which kissed,” H& says, after he had , . sQ

Page 129

}- JOHN EADOGN. ~- I I a0 répeated it, he gave him the paper, aud told him to getthe Mr. Jysticg paper off as fast.as possible, that he might be able himself to- te Blanc’s repeat it; and then, when he had got it off, he told him to Summing ~ destroy the paper, This witness, Llowells, says, he did ace cordingly put the paper into his pocket, and get it, it seems, pretty accurately; and that then he delivered the paper to Thomas Broughton. That he continued working and lodging in the prisoner’s house, from the time that he first went to live with him, fortwo months; and that in the course of that time he frequently saw him write, so.as to be acquainted with hig manner of hand-writing; and that. that, paper which the prisoner so gave him, and which has been traced through different hands, is in the prisoncr’s hand-writing. Ile says that he saw him write three of the same description of papers as that which he gave to him, and which he bade him get off. He is then particularly asked, as to when he quitted Yorkshire, after this. He says he continued in Yorkshire till the month ~ of September; and then he went away from this county, - together with Thomas Broughton, to whom. he had delivered the paper. Ile was asked, if he took away his clothes with him; and he says he went without packing up his clothes. It seems, upon enquiry, he had been before the Magistrate, and that the Magistrate sent him away in a hurry into another county, fearing he might be put out of the way, or something might happen; that it.was not a running away: of his own accord, but was the act of the Magistrate, for his safety : and he says, that at the time he and Broughton heard ef some being taken to York Castle, they left the county, and went ty Shrewsbury, and from thence to Ludlow.: Tle was particularly examined as to the time-le went to live and lodge with the prisoner, which is. not now material, as there is no clashing of evidence upon that subject. Ile says that the time he gave him this paper in the field, was in the evening or night; thag: the prisoner had the paper in his pocket, and did not read the oath from the paper, but repeated the oath to, him, after having asked his Christian name, and then bade the witness take it, and get it by heart, and then destroy it; that he read * the words himself the next morning from the paper, and then recollected they were the same words which the man had repeated over to him the night before; that he should not have recollected them without. He is then particularly asked as ty his knowledge, whether taking this oath was wrong? He says. “ T knew it was wrong, but I did-not much know what we - were todo afterwards. J cannot tell whether it was in joke, yor not; I was not in earnest quite, I was not serious when J took it-; I thought the prisouer was joking with me ut.the time ; and I spoke.to him, and said ‘J thought -you were poking with me;” but he said, ‘No, [ain serious,”

This

\

Page 130

hub THE- KING AGAINST I

fostice . This is the evidence of the fact of the oath béing adrhis Blane’s. histered, given by the witness liowells, who is the pérson

Summing Up.

charged in the indictment to have had it administered to him. The account given by Howells is, that he thought the prisoner might bein joke, arid that he put the question to him, and that the prisoner himself said, No, he was serious. And it would be very difficult to conceive it otherwise, when he afterwards pulled the paper out of his pocket, and gave it to Howells to get it by heart, that he might be capable of administering it te others; with an instruction afterwards to destroy it. The circumstances seem to shew that it could not be intended as a joke, but that he must be serious. Thatis the account given by Howells; and I think, according to his own acceunt, he himself was doing something more than an idle thing, because it was in any body to consent to take such an oath, But you will see, from the whole evidence, whether that is @ correct and true account, which he has given. Jt does not rest entirely on his statement of the matter, for the very paper put into-his hand (and which he says he knows to be thd prisoner’s writing) has been preserved, and is traced aud laid before you. He says he gave it to the witness of the name of Broughton.

Broughton’s account is, that he, being a weaver, knew Howells; that he went to see him, and he put into his hand that paper, which has ‘been traced to the hands of Colonel Lang, and is now produced in evidence. He says that it was © on the 32th of June Howells gave him the paper. According, to Howells’ accotnt, he had received the paper from the pri-

soner on the goth or 21st of May; so that he had kept it ©

between: three weeks and a month. He says that Howells asked him (Broughton) to walk with him, and that the next day, which was the 12th, Howells put that -paper into his. hand; that he had seen the prisoner write at Salters Brook once, and the occasion of his writing was, putting the names and the numbers of persons called delegates into a book, and making some memorandumsia that book of the transactions that happened; and from that, as far as he can judge, he thinks this paper to be the hand-writing. He says that the paper continued possession from Friday, the 12th of June, when Howells gave it him, till Monday ;-so that it continued three days. On the Sunday he went to the house of the prisoner Eadon, and asked him (having that paper with I him) what it meant; and then he gives you an of the. answer the prisoner guve to hint. The prisoner, he says, said it was to form a regular organization in ‘the country, to over- turn the tyrannical systern of Government. He asked him for the particular signs and’ tnotions, that those who were of that wasociation might know one another by ; and be says the pri- 2 ; soner

Page 131

‘JOHN EABON. 413. ner roade %: motion, by which they were to know ob¢ another. Ms: Jastiee e says that after this had passed with the prisoner, he went le 5 Le Blac’s to Serjeant Prettyjohn, a serjeant pf the South Devon militia, gnd gave him that paper, which - he had before shewn to the risoner, and the meaning of which the prisoner had explained to hiin to be, that it was to form a regular organization of the country, to overturn the tyrannical system of Government, as he expressed it. Broughton says, that at that time he lived about a quarter of a milé from the prisoner; that he did not Bed any thing of what bad passed between the prisoner and Howells, till ‘Friday. the sath of Inne, which was ou when Howells gave him that paper. He says that he bine f, though not a goud writer, can write better than the person ‘who wrote. this paper. The paper certainly is not very * good writing, but it is such as very well to designate the par- _ Heular mode of hand-writiag.

The next witness was Serjeant Prettyjohn, of the South I Devon militia, who says the paper was given to him by Thoinas Broughton, on the 14th of Jnue lat, and that he kept it iw his possessian from the 14th of June till the mouth of September, when he delivered it to Lieutenant Colonel, Lieutenant Colonel Lang of the South Devon militia.

~ Lieutenant Colonel Lang was then called as a witness; and he produced the paper, which fe says he received from Ser- jeant Prettyjohn, September; he does‘not exactly know the day; that.on the agth of Becember he delivered it to Mr. Brown,’ who is an agent at Sheffield, employed by the persons acting for Government.

Mr. Brown is then called, and he identiGes the” paper, and shews it to be the same which he received from Colonel Lang: So that this ‘paper, ‘produced before you, iS, by a Tegular chain of evidence, proved to be the same paper, ‘which Howeils, the. ‘first witness, says he received from the hisids of the prisoner, omthe aeth or 41st‘of May, when be states on his oath, that the prisoner administerpd to him, and afterwards gave I him this paper to get by heart, and afterwards to deetroy it. Therefore, in this case, yon see the precise form of the Oath. That, Gentlemen, is the whole of the case. I

With respect to. the witness called on the part of the pri- saner, 9s. fur as he yors, he confirms the account given by the witness op the part of the Crown, Howells, as to the time when he went to lodge and to work in the house of the _Prisouer as The first and the material cireumstaice for: you te consider,” dg, does this satiefy you thet the prisoner at the bar this oath to Howells, H must be administered ty the pasty. charges to. ‘have administered it, he. intpndiog that it

Page 132

Mr. Justice J Blanc’s Supitping up.

m4 THE KING AGAINST it should be taken by the party to whom he pives ‘it ds obligatory oath, and meaning to bind him. Whether the man who took ‘it meant to be bound by it, is not material to the charge against the prisoner, if he who gave it intended it should be considered as obligatory. That is what is charged by the indictment; and, to be sure, every circumstance attend ing it, besides the expression of the man himself, goes to con- — firm that; because, when he put a paper containing the same —

--oath into his hands, teliing him to get it by heart, it €ould be

only thathe might administer it to others. The next question is, whether this form of Oath, which you have before you in writing, and proved to be in the prisoner’s hand-writing (which

- was acknowledged by the prisoner to Broughton, to be intended

to furm an association in the country to overturn the tyrannical system of Governnient, as he it) is an oath within the meaning of the Act of Parliament, mtended to bind the person to whom it was administered not to inform-or yive evidence apainst any person belonging to a society or confederacy formed to disturb the .public peace? I-am ashamed to state that as 4 question to you, after the comment proved by the witness to have been given by the man himself; and if it had not. been so given, the very wording of it imports that it is for that purpose, and not to reveal particular persons who sbould be members of that confederacy. If you are satisfied. that the prisoner at the bar did administer it to this man as stated, he . is guilty of the offence imputed to him. If you have a doubs whether he did so administer it, you will find him not guilty.»

Jury immediately pronounced the ‘prisoner - - Guilty.

a . e t

Tue Kine

_. against FOR administering an unlawful Oath John Eadon and { to Thomas Broughton. Craven Cookson. eo a vn

' ; The prisoners were arraigned; and pleaded Not Guilty.

Mr, Park.—Gentlemen of the Jury; I do not trouble the ‘Officer of the Court, or my learned Friend, to state this indict-. ‘thent, because I do not mean to give’any evidence upon it; for ‘this reason, that Eadon is already.convicted, by your verdict, ‘of a similar offence to that ‘with which he now ‘stands charged;

, and Cookson, in my judgment, and that of my learned Friends,

whose assistance I have upon this cecasion, appears te have

been a much less‘guilty man than Eadon: The consequence of \which is, thet as:we are sent here not at all with any purpose

of seeking for convictions against our own judgement, dt 505

\

Page 133

BAINES, AND OTHERS. . ats.

the sake of restoring peace ta the country, we think with our duty, we may refrain from any- evidence against Cookgon. We trust this lenity, if he is.cone scious of being guilty, will induce him to return to the course

of honest industry ; and not endeavour, by entering into

tions of this kind, to. assist in the disturbance of the publie peace, which has brought mouch distress upon the country. .

_ Mr. Justice Le Buanc.—Gentlemen, you will find both the, prisoners Not Guilty. The one is convieted upon a former. . indictment, which renders it upnecessary to proceed against. him apon the second; and as to the other, there is no evidence brought against him. . I

I The J ury immediately pronounced the prisoners Not Guilty,

THE Prisoners were arraigned,{ © Tue Kine and severally pleaded Not Guilty, I _ " against to an Indictment, which charged I Zohn Baines the elder, Fokn Baines senior with admini- I Charles M:lnes, atering an unlawful Oath to John{ Fokn Baines the younger, Macdonald, and the other prisoners I William Blakeborough, with being present aiding and assist-| George Duckworth, & ing thereat, on the 8th ot J uly last. Zachariah

The Indictment was opened by Mr. Richardson.

Mr. Park.—May it please your Lordships; Gentlemen of the Jury, On the trial of a former prisoner (John Eadon) you heard the Law upon the subject of the Act of Par- liament, on which this indictment is grounded, so accurately stated to you by the learned Judge who tried that. prisoner, that it would be great impertinence in me- to trouble ‘you with any further observations upon it, since you are most fully apprized of all its bearings. © The six prisuners at the bar: stand indicted for a similar offence to his. Fortu-' “nately for them, it took place previously to the’ passing of the > latter. Statute to which I alluded ; conseqyently it will not subject them to a capital punishment, There are, however, circumstances in thjs case greatly differing from those of the ‘former, and it will therefore be my duty to state what those.

circuinstances are; and I do it in the outset, because] think it ©

does honour to those wha set that conduct on foot, — You, Gentlenien, know yourselves, from the state of the

eountry, that were taking place, It was known that . Q2 , these

b- cd a

Page 134

1t6 THE KING AGAINST these oaths were administering in this county, and if was sean’ that unless there was a detection of them, it was impessible the: cowntry should subsist; and therefore it-wes wise, by - those who have.a considerable diseretien to exereise respect to the plan of Government, to send from a neighbour- county into this, persens on purpose. My learned I riends ,’ who defend the prisoners, will have all the benefit of that fact, -that the witnesses, I shall call to you, cume on purpose to detect these persons, or sach others as might be engaged in these practices, and they were wisely ‘sent. Some absurd. — visionaries have of opimion, and have so declured, that it is hizhly criminal.to send men mm this: way to get at the commission of crimes. Itis a subject, you will have _ well considered, and I have considered it in every bearing as a moral question. Ifa trian goes to incite another to‘coturhit ‘a crime which he had no intention to commit, if he seduces” his neighbour from the paths of innocence to those of guilt, he is, without exception, one of the most. infamous of. man- kind, But if you get at infurmation that certain practices are carrying on by individuals, most destructive to the State, and. to the individuals composing the country, and you cau arrive at the conviction ef those who are so engaged, by no other means so well as by employing sume one to see whether they are persons of that description or not; it is. most highly Jaudable to bring such offenders to’ It is of highest inportanée to every peaceable subject, that they should be discovered and detected. 1 am very glad thant the prisoner ‘John Baines the elder, who dppears to ‘be a little deaf, hears what I say ; [ hope he, and all within the sound of my voice, ‘hear it; for. perhaps the preservation of the country has been effected by. such. means. having been resorted to. The wit- nesses I shal{ call before you, are persons who have been so ~sent. If that be aa offence, which ought to prevent their being heard jn a Court of Justice, lef it be so said, and there is an end of. this. prosecution; but [ know the wisdom .that presides here, and J know that that will not be said. They ure to stand or fall, like .all. other witnesses, by the evidence ‘they shall give, and by, the confirmation which that evidence shall receive; and you are to decide, upon your solemn oaths, the credit to which they are entitled. ©.

John M‘Donald is. the ‘witness I mean to call. I will ielt you who. he is ; for it.is totally indifferent to me what is done with this or that prisoner. If they can deliver themselves, _ T rejoice. sincerely in it,. I shall call, besides him, a man of the name of Gossling. M‘Donald, the principal witness, and’ to whom the oath was administered, is an assistant constable. of Manchester, onder the direction of the Magistrates and of tie constables of that town, “In the of June, infor- cn 9 mation

Page 135

BAINES, AND OTHERS. iy ration “was tonveyed to the Government, that in the neigh-' bburbodd of Halifax, from which these prisoners: all come,

things had got to dreadful pass ; upon whieh M‘Donaid sed Gosling were sent to Halifax.

I Before I state. the facte, I will. tell you who the prisoners are. Jehn Baiaes the elder is connected with the hat-making teade, in that town ; John Baines the younger, is a nephew of the elder Baines ; Charles Milnes is a card-maker. I know of wo relationship between them, but a great intimacy, as you will William Blakeborough is a shoemeker, and a companion of the other persons ; aa so is Duckworth. The little Boy, who, I understand, is of the dge of fifteen, is the son of the. old men, and a cousin. of Jubn. Baines the younger.

- ‘When M‘Donsld: arrived at Halifax, he went te a ‘house, and was very soon met there by some of the prisoners. You have heard already, wpon. the present Commission, how astonishingly soon men of this description got to talk together, Bow ready they were to éfiter into conversation, upo thesd subjects. And accordingly very soon after Milnes came in, . be got very well acquainted with M‘Donald, and they tatked I about Luddism, and things of that sert, He was asked, whe- I ter he had been sworn a Luddite; for it seems the Oath whieh you heard read upon the former occasion, i$ almost in terme the “same as was administered in‘ this and other cuses;. it is ealled the Luddite Oath. M‘Donald was told he must be sworn in, before they could talk much to him, awd that old Baines would do it. There was a good ‘deal of conversation abous this; and at last M‘Donald seid that he had no jection to be twisted in. - Here we get to the point that you bave already heard discassed by Mr. I have no ‘

difficulty in avowiag that M‘Donald did not mean to bind ~_-

‘himself by this oath; and it is not at all necessary that he - ghould. The question is, whether the person administering the oath, meant to bind the conscience of the person to whenr he administered it. M‘Donald said he should have no great objection to take the oath. Milnes said, “ I will take you to @ man who hus been in the business nearly twenty years; and he will-do it for you to-night." They, M‘Donald.and Milnes; then went to.old Baines’s house, and Milnes suid to Bnines,. “ & , have brought a friend here; he is a stranger, but he is a very good fellow, and be te be a brothér.” Baines replied, “Then we must be handy, for we shall have the watch: and ward here soon; some of my have laid an infer- mation, and they are. often searching my house.” At this. time, besides Milnes and Baines the elder, there were presen:, Johe Baines the younger, George Duckworth, William Blakeborough) amd: the ‘bey Zuchariuh, - ‘hey all then. sat and had some

Page 136

oe

318 , \THE KING AGAINST conversation. After this, who had befere mentioned., the watch and ward, repeated it; and M‘Donald said, “ I will- go as soon as I have done.” Old Baines then got a beok about: the size of a small Testament, and desired them all to stand. up. It may at first view be distressing, to see a youth at that

extremely early period of life tried at thut bar, and especially

when he is tried with his father at the other end of that bars will find (and the humanity of the: Law of England every man is acquainted with) that malice supplies age, malitia supplet etatem. You must see what part this youth took, and if there be trath in the evidence here, it seemed to’ tis it would bé improper, young as he is, to leave him out of the indictment. Their Lordships and you will deal with him as: you think: proper, and the punishment: is’.m>very : mercifut hands. But this youth was in the room, and tovk -a most. ective part upon the subject. ‘What the law looks to, is know- ledge. Is there a distinction in the mind of the culprit, be~

tween righ! ‘and wrong? The question is, if the of that nature, that be knew he could commit it, whether he knew:

he was committing it? Secresy was necessary on account of.

the watch and ward; this youth, therefore, wheo ihey were

all ordered to stand up, and Af‘Donald to take the book m his. band, was ordered .to place himself against the qvor ; and he. did so during the time the ceremony was going forward. Then. old Baines said, “ ‘Fake the book ;” M‘Donald djd so. Then says he, ‘“ Now for your name ?” “ My name,” says he (now

. may learned Friend will say, he was not serious) “ My name is

Jobu Smith.” ‘Then says Baines, “ John Smith, say after me ;” and he did so. In the last case, the witness had the oath in- writing; that cannot be supplied here, nor is it neceggary. "The witness cannot tell you all the words of the oath, and it -

is hardly to be expected, except in such a case ds the last, . Where the man was ordered to get it by heart. But he will tell

you the purport of it; that he must not reveal any thing that might lead to either in or by word, sign or action; under the penalty of being sent out of this world by the first

brother that might meet him; and that he would punish by

death any traitor; and should any arise up aniongst them, he. was to be pursued by vengeanee to death. And then he toek

the-book, and called upan the Almighty to assist bim, that he

might keep that oath inviolate. And so the ceremony ended.

‘Fhere was no great talk after that; but the witness, in order to carry on, what { will call in respéct of him, a perfeet mentub yeservation, proposed to give them some dyink ; but old: Baines ybjected to that, on account of the watch and ward. Some ef them, however, went out and drank. It necessary:

I J should go threugh the whole of that transaction, but:1

prove to yeu that Gossling, whom I shall call as 9 witness, ina oe «6G -‘canversation

rs & eo

Page 137

BAINES, AND OTHERS. = ig Conversation with Baines the elder, and several of the other pfisoners, enquired, in the hedring of M‘Donald, whether it was true that he had been twisted in; and without the least difficulty it was said that he had, but that there must be a good deal of

caution used that it should not be mentioned, lest it should be I

discovered. shall prove to you that this old man said, and it is a melancholy consideration if it be true, but I shull. prove it te have come. from his own mouth, that his eyes had been opened for three und twenty years, and now he understood the thing well. So thatthe evidence will prove to you in what system it , was, that this old man thought fit to bring up his nephew and his son, end which he consjdered such an illumination of the sight. I shall prove these tacts to you; and jf these men tell you the story, which I believe they will (and I tell you beforehand, that they went on purpose to procure evidence agaiust these persons, er any others concerned.in these illegal transactions); and_ if . you believe that is true (and 1 can see no reason to doubt that story being true); it will be your duty to find the prisoners guilty. an

Thewholé of the Evidence, as well on the part of the Crown as of the several prisoners, is fully stated by the learned Judge, in his summing up. po res

Mr. Baron Tuomsoy,

Gentlemen of the Jury, © I ' THIS Indictment is framed against six persons now at the ‘bar, Jokn Baines the éider, Charles Milnes, John Baines the younger, JWilliam Blakeborough, George Duckworth, and Lachariah Bames, on the same Act of Parliament as that Indictment which you have lately tried. “Ihat Indictment was

against one prisoner only, and charged him with a similar

offence to that contained in this indictment; namely, administering an unlawful oath, intended by the person administering it, to hind the person taking it, not to give

Nr. Baron Summiug Up,

against any cue belonging toa society or confederacy -

of persons formed to disturb the public peace. This indictment contains various counts, all framed upon different clauses in

that wholesome Act of Parliament, and charging the admi- -

nistering of the oath to be with. different jntents; some of them to engage the person to whom it was administered, to pecome one of a society formed for the disturbance of the public. peace; and others, to bind him to secresy in regard to’ the. aflairs of.such an association so The present indictment differs however from the last, in this respect, that

‘the last. contuins a charze one person only for admi- nistering an unlawful oath; whereas this contains a similar I

charge. ugainst Juha Baines the elder, for adrninistering an’ unlawful’ cath to one John M'Donald, and against the other : a I a ‘

_

five

Page 138

Mr. Baron Thomson's Sunming Up.

320 THE KING AGAINST five prisoners, including the young lad of the name, of Cachaxiak Baines, for being present at and aiding and sssigti aud consenting to the admiuistration and taking of such oath. For the provisions of this Act of Parliament do not stop with providing punishment for those who admizister or who take an unlawful oath, but the Act very wisely goes farther, and,

-wnakes all persons aiding and assisting at it, though they de

not actually themselves administer the oath, or being present, at and consenting to such an administration of the oath, pring . cipals, as much as the person who actually administers. ity Now this being the charge against the several prisoners at the bar, namely, against the first prisoner Bazzes the elder, for. adininistering the oath to John M‘Donald with the tendeney which has been stated, and against the others for heing present. at and consentiag to or aiding and assisting in the administer- ing that oath, you will attend to the evidence which has been given in support of the charge. .

John M‘Donald appears from: his own statement to have been a person who was employed, and [ say properly! employed, in order to tetect persons in that part of the I country, who were guilty of the otlence which is prohibited by. this Act of Parliament; and he certainly went for-that very

_purpose. ‘These are expedients, whith are necessarily resorted

to very frequently in order to detect offences. of this nature ; and not only-of this nature, but of other natures, which, but

.. for. what may be called a fair stratagem, would remain _ unpunished. Nothing is more frequent, than for persons to go

to those, who are suspected of unlawiully dealing in such

articles as counterfeit bank notes, for the very purpose of buying those notes of the persons so suspected, in order te ive evidence against them.- And there really never can be any

- Injustice done in such a case to au innocent man, for jf the

¢

person applied to (as in this instance) is not ore of that description, that is, in the habit of administering these unlawful Oaths and binding persons to the wicked purposes of such associations, it is impossible that he should 3n any way be trepanned into any‘such unlawfil act. The question for your consideration on the whole of this case will be, whether this charge is sufficiently made out to your satisfaction against all or any of the prisoners at the Bar. an

Jobu M‘Douald has stated to you, that he lives at Manchester, where he is an assistant to the Police Officers; thatin Jnly. last he went from Manchester te aecompanied by’ Joha Gossling. and arrived there on the 8th (he fixes, you will ebserve, the day, the 8th), about noon. They: went to the first publie house, he thiuks the sign of the Crispin, and in the course of the day ke meet at that house. with Charles Alilees, oneof the prisgoexs af the bar. , Having dined, he and Gossling went ous a 3 ts

Page 139

BAINES, AND OTHERS. 121

to ‘look for lodgings. In about an hour or two they returned to the public house, ‘and when they returned they found Charles Milnes there. This is the first time of their falling into company with the prisoner Milnes. He says that they entered into con- versation with him, that they had been together half an hour in the room, and ‘after having had some conversation with him,

Milnes said that he had taken a good many cartridges from.

some soldiers, that they had made a search for him, and he got away, and went to a shepherd’s at Dean Common, and stayed there three weeks: M]‘Donald says, that he told him he was very glad that he had had the good fortune not to be taken; that there was then some talk about Mr. Cartwright’s mill, and of two men having been killed there, whom Milnes said he knew very well; and told M‘Donald of another

person who had been acting as an on that occasion..

Now NM‘Donald began his operations. You see the conversation, which they had had, prucured him the confidence of Alilnes, for Milnes opens himself very amply to him upon the subject of the disturbances then going on in the country, and particularly

of Mr. Cartwright’s mill. The witness says, that he then said-

he would be as active as any of them, if he was sworn in: Milnes said there was an old man lived near there that would swear him in, having been in that way nearly twenty years. M‘ Donald says that he said -he was willing. ‘They remained together there the afternoon, till it was getting dark, and then

Milnes and he went out together. Gossling was not there,

when they went out. Adines took him to the house of the old man, John Baines the elder, in Halifax; it was nearly ten

Mr. Baron © Thomson's Summing

up.

at night when they got there; and he swears that all the other —

prisoners at the bar were then in the house, and poitts them all out. Milnes intreduced him, and said he was a stranger,

but a good fellow, and that he wished to be abrother. The old ©

man said they must be handy, for he expected the watch and ward. Ile got a paper, and a book about the size of a Testa- ment, and gave the book into the witness's hand, and Baines first asked him what was his name, and he said “ John Smith.” Baines looked at the paper he produced, and appeared to the wit- ness to be reading from that paper, and told the witness thar he must say after him, which he did, repeating, “ I John Smith.” He speaks imperfectly to the whole of this Oath from his recol- lection, but he states he knew it better at the time; what he

now recollects is, that he must never reveal any -

secrets, neither by signs nor words, and that any traitors that arose, he was to pursue them and put them to death; and he says there, was also a great deal more, which at this. time he cannot recollect. That is the purport of what he states he was sworn to du, not to reyeal any secrets, neither by signs nor words, and that any traitors that arose. he wag. to pursye and put to death. That was part only of the oath, but - it

Page 140

. Mr. Baron Thomson's Summing

up.

¢

122 THE KING AGAINST

it is the only part of which he remembers correctly the pur- port. As to the very words of the oath, it is not at all requi+ site that they should be given in evidence, or charged m the indictment, only enough to shew its purport, and that the in- tention was to effectuate the bad purposes of such associations. M‘Donald says, that having so repeated the oath, the prisoner Baines bid him kiss the book, and he did so; that the others were all sitting down when he began to administer the oath, that they all stood up at the time of administering it; and that even that boy, Zachariah Baines, appeared to take some share in this business, for at that time he stood at the door with his back, keeping it (as he expressed it). Fhe witness says he was afraid himself, lest the watch and ward should come in. Ife then got up, and said he would pay for something to drink fur them ; but the old man was not willing, for he said he ex- pected the watch and ward, and they had better be going, for

that one of the neighbours had reported to the magistrates what

sort of a hovse he kept, and they generally came every night. He then tells you that he left the house, and that' Charles Milacs, John Baines the younger, Blakeborough and Duckworth, went out together with him, being all bat the old man and the boy. They all walked together to the door of the Crispin,

‘which was the house that M‘Donald had come from. ‘I'here Duckworth left them, according to his account, and the other

three went in with him. They either found Gossling (that is the friend of M‘Donald) there, or he came in directly after, and they continued drinking together for some.time. He says that he told Gossling, in the hearing of the three, that.he had . got twisted in; and that the three (which three are Charles Milnes, John Baines the younger, and Blakeborough) all of them said that he had; and Charles Milnes said that it was he that introduced him, confirming, in this respect, the evi- dence of M‘Donald, who had said that this: business was per-

formed by the introduction of him to the old man and the rest,

at the old man’s house, by Charles Milnes ; that they parted, about twelve or one, and they all accompanied Gossling and M‘Donald to the door of their lodgings. The witness then says, that Gossling and he remained in Halifax some time; that Gossling and he and Mzlnes and Blakeborough, a day or two

afterwards, went to Baines the elder’s shop, which was a hatter’s, .

and found him there at work, that they invited him to go with them to take some ale, and they went to a public house near Baines’s workshop, which is supposed to be the George; the party consisted of himself, Gossling, the Old Man, Milnes and Blakeborough ; that there was also another hatter that worked in the same shop with old Baines, whom old Baines said he could trust; that they were in a room by themselves, and he (the witness) said to Gossling, “This is the Old Man that twisted me in,’ “polating atthe elder: Batnes, and Baines said he ad

Page 141

BAINES, AND OTHERS. 123

had-done it, but he put up his hands and said, he must always Mr. Baron be cautious where he said this. The witness said he knew the Thomson’s company, and he was not afraid. Baines cen bexau a good Summing deal of conversation with Gossling. He remarked, in couver- P. sation, that his eyes had been opened a great while, a matter of three and twenty years. The witness saw old Bames again in a day or two afterwards, he met him in the street, Gossling ‘was then with him; and old Baines told him they must be wery careful, for he was informed there were two Low-street officers in the town. ; .

On his cross-examination, he says he is an Irishman, and is employéd chiefly at the Police Office at Manchester, and was once a weaver. He admits that he has been tried and convicted for an assault at Manchester; the circumstances of it we could not minutely inquire into, but the fact is, that he ‘has been in prison for that assault, aiid is brought here by a ‘Habeas Corpus to give this evidence. He says he imight be ‘two or three hours in Halifax, before he saw Milnes; that he ‘entered into conversation with him in a few minutes after he ° saw him, and had talked about other things before he men- tioned the cartridges; it might be about half an hour. The ‘witness says he promised, that if he was twisted in, he would be as active as any of them. He had never seen old Baines ‘before Milnes took him‘ there, nor had he seen Duckworth, nor young Baines, nor the boy, to his knowledge. At {he Crispin, after the swearing, there were present Blakeborough, ‘ Milnes, and John Baines the younger. When in a day ‘ or two afterwards he went to Bames’s hat shop, there were ' two or three men, but he took notice only of an old man who ‘came with him, whom old Baines said he could trust. He took notice at the public house (the George) of no ‘other but the persons composing their company, except the woman who brought in the drink. On the night they went from Baines’s to the Crispin, they sat in the kitchen; they were on one side, and the landlord, the mistress, and her or his sister, on the ._ - other. A part of the time he was at the Crispin, he said he was looking for work, and the other part of the time, he said that he was a hawker of handkerchiefs ; ‘and he says that he ave these accounts to prevent his being discovered. Blake- Borough was with them at the George, and he was many times I afterwards with Blakeborough and Milnes, and Malnes and he slept together one night.

‘ John Gossling is called in confirmation of M‘Donald’s ‘evidence, and states that he is a fustian-cutter at Manchester ; . that he accompanied M‘Donald in July to Halifax; that they arrived the §th July about noon (they both agree as to the day of the month), and went to the Crispin; that he saw Milnes there, after he had been out from thence and had re- ° R2 I turned ;

Page 142

124 THE KING AGAINST

Mr. Baron turned; that M‘Donald and he entered into conversation with Thomson's Milnes; that probably they had been half -an hour in conver- sation, before any thing was said relating to cartridges; that me he believes the first of the discourse was about the badness of the times; that when JJidnes found, after the discourse about the times, that he could put a little confidence in them, he statcd that he himself had taken about sixty rounds of ball. cartridge from one of the Cumberland militia, that they had searched for him, and that he had been brought before some person, but had run away and got to Dean Moor; thet Milnes and M*‘Donald had some particular discourse, but of what it consisted he did not know, as he went out leaving - them together; that when he returned, after being absent about . a quarter of an hour or twenty minutes, he thinks it was near hand upon eleven o’clock, and then he found there M‘Donald_ and AMzlnes, Blakeboroxgh, and John Baines the younger. ‘These were three of the prisoners at the bar, whom M‘Donald~ had brought with him to the Crispin from old Baznes’s, Duck-— worth having come to the door, but not gone into the house. Ue -says he joined their company; that M‘Donald, in their hearing, told him that he had been up into a house not far from there, and had got twisted in. Mzlnes replied, that he was the person that had introduced him. He says he asked the others whether it was true, and.all the three answered it was true. Milnes said they were brothers then, and he hoped they would continue to be so. They continued sitting drinking together for some time after. He says that in a day or two atterwards he went to old Baznes’s shop with. M‘Donald, Milnes, and Blakeborough; that they found old Baines there, and went with him to a house which he proposed, the Upper George; and another man, who was working in Baznes’s hat shop, went with them; old Baznes said that man was a man be could trust. They went into a room by themselves, and M‘Donald said, in the hearing of the rest, ‘“‘ This is the old man that twisted me in.” Baines appeared to be rather alarmed. The witness asked old Baines, was it so? old Baines said it was; but he desired M‘Donald to be very careful of _ the company he talked in, for he himself was not in the habit of having any thing to do with any people, but what were acquainted with the two words Aristocracy and Democracy, and he asked M‘Donald did he know the meaning of those words? M‘Donald told him he did. Old Baines endeavoured to give them some idea of the words, and asked the witness, whether he knew any thing of them. He says that he endea- voured to give him his little opinion (as he calls it) of those terms, and that then old Baines explained them himself, and said it was twenty-three years since his eyes were opened; that in a day or two afterwards they met old Bazzes in the street, when he asked M‘Donald how he was ? ‘and desired him ' . ta

1

Page 143

BAINES, AND OTHERS. _. 125

to be carefnl, because he had heard there were two Bow-street ve Baron

. . homson’s officers in the town. I Sumaming Upon his cross-examination, he says he did not see Duck- -up.

worth upon the 8th of July. You will recollect, that accord- ing to the account of M‘Donald, Duckworth went no further ‘that night than to the door of the Crispin, and did not go in with the rest. He says, that at the Crispin, the first night they were in the kitchen, there were .there, besides Milnes, Blakeborough, M‘Donald, and young John Baines, a few soldiers on one side of the kitchen, and the mistress and “master, and mistress’s sister; young Baines, and the persons with him, sat on a kind of sofa, and two other persons on the other side of the room. At the George he saw no persons but the party he has mentioned, and the woman who brought the beer into the room; and there he heard Baznes call M‘Donald oby the.name of Smith. That is a confirmation of that part of the account of M‘Donald, that he called himself by the name _of Smith in the taking of the oath. He (the witness) went by the name of Downes, instead of his right name. He says that Milnes said he had stolen the cartridges, and said something about a soldier coming and searching for cartridges, and finding one; but he told the witness that the soldier had brought it with him. I

Joseph Nadin, who is deputy constable of Manchester, is then called, and he says that he knows M‘Donald and Gossling ; that they were employed by him to gg to Halifax, and two _ other places, for the purpose which (as it is suppgsed) M‘Donald afterwards executed, of pretending to be a friend to these men, and so having the Oath administered to him.

This being the case which has been laid before you on the part of the prosecution, and .in support of this indictment, _ charging old Baixes with having administered this unlawful oath to the witness M‘Donald, and the other prisoners with being present at and consenting to.the administration of such oath, the prisoners have entered upon their defence; ‘and I think the case of all of them (as it is attempted to be by their evidence) goes to establish the fact, that all M‘Donald has said is a falsehood, because not one of these prisoners was at the time and place that M‘Donald has mentioned. I

With regard to old Baines, it is stated, that though he was at home during the period in which this transaction is sup- _ posed to have taken place, and for a great while before and after, yet he was at that time in company only with a son-in-law, who has been called; and with regard ‘to the boy, that he spent the former part of the evening with his father, and _ that the latter part of it he was gene to bed. And as to the others, an gttempt is made to shew that they all were absent at the time this offence is supposed to have been committed, I that

4

Page 144

126 ‘THE KING AGAINST

nr Baron that is, that they were severally engaged at some other places Summing at the very same time, so that it should be impessible that up. . any of them could have been at Baznes’s, and consequently that nv such transaction could have passed. M‘Donald is likely to be certain of the day, and you cannot suppose it was any mist:ke on his part to state one day for another. [lowever, it thut the prisoners have all given some evidence to Inauce you to believe that at the time he fixes on they were not there, and therefore that they cannet have committed this offence. I

In the first place they have called John Thomas, to speak to the absence of Join Buines the younger ; and he states him- self to be a master shoemaker, living at Luddinden in Midgley, _ about four miles from Halifax, and says that he has known John Baines the younger for about three years; that Baines is a shoemaker, and the witness has employed him for: thay time ; he speaks to kis being a hardworking industrious man, and says that his character is that of a sober man. He then states, that upon the 8th of July John Baines came. to him with three pair of shoes, which he had worked for him; as nearly as he can tell it was about seven in the morning of ‘that day, when Baines came; he detained him that day, during which he employed him in repairing two pair of shoés, and set him a pair of new ones to make, and Baines ‘con- _ tinued witness’s shop till about ten at night, ‘and then they gave up work, the prisoner not having, finished that pair of shoes; that they then went into the house, and got them a little beer (as he expresses. it) and went to bed at the place he mentions, which he represents to be about four miles fram Halifax; that Thomas Cockcroft, was working in the: shop the same time; and that John the younger slept all that. night in the witness’s house, with a little boy, and he saw him the next morning before he left the house. He says that Baznes in general works at his own house, but when they are very busy, and Baines brings in. his work, they sometimes stop him to work there, and that. he stopped that day and © many other days at his house, perhaps once in a week oronce . in a fortnight. Then being asked how he remembers the day, he answers, that having recejved a letter to come to York, he looked at the book, and saw that this was the 8th of July, and , that he looked’at his bill to refresh his memory. This'letter it seems, told him he was to be subpcenaed, if he would not come _ without. He returned the letter to the wife of John Baines, the prisoner. He cannottell when this letter was brought to him, but as nearly as he can tell it was about six weeks ago. The prisoner was apprehended, I believe, some time in the month of September. He says that he is sure the to which’ he speaks, was Wednesday the 8th of July. Th . en

\

Page 145

BAINES, AND OTHERS. i247

Then Thomas Cockcroft, to whom John Thomas had Mr. Baron alluded, states, that he is a shoemaker; that he knows the hast witness; that upon the 8th of July he: was working all oe day for the last witness, at his shop, and that ‘he remained °° there till between eight and nine in the evening; that he saw the prisoner all that day at work there, and till he left that house between nine and ten at that he left the prisoner at that place behind him. He says that he himself lives at Midgley. Then being asked as to his memory of the par- ticular time, he says.that it is about two months since he was asked about this, and that was by Barnes’s wife. Lle is asked, how does he know this was on the 8th day of July? (for this detention of the prisoner at Midgley, during the whole day and night, is a fact which may have happened, and yet not upon the 8th of July);.and he gives this account, that John Baines:and he were talking in the shop about what sort of a fair he had had, and he says he replied, it was just a fortnight since, and that he knew it to be so, for that the fair was the 24th. To besure,a little observation does arise upon this, for your consideration; which is, What had the question, which this witness Cockcroft put to Baines, to do with the answer Baines returned? What sort of occasion there was for him to refresh the witness’s memory, as to the time when the fair happened, does seem a little extraordinary. However, that is the circumstance which, this witness says, refreshed -his memory, as to the time when ohn Baines the younger was detained at the house of the witness ‘Thomas to so late an hour as nine: or ten o'clock. He says that the prisoner Baizes the younger was then in the employment of ‘Thomas, and lad:worked for hint two or three years, and continued to work for bim till he was takeu up; that he was in the constant habit.of bringing his.work from Halifax to Midgley ; and he knows that his master set. down hjs work in a book, which book is always in the shop. And being further asked as to the I fair, he. admits that there are three fair days, Wednesday, Thursday and Friday ; but Wednesday is the day on which he speaks of this having happened. I

As to Duckworth, who is supposed not to hayg-been at Baines’s at the time M‘Donald has spoken of,. William Long- bottom states, that he is a shoemaker, and lives at Out Lane, six miles from Halifax, where he kept the tollgate ; that he went to Halifax on the 7th July; on his way to Mr. Watkin- son's at Ovenden, which is two miles from Halifax, to receive some money ; that when at Halifax he went to William Duck-* worth’s, the prisoner George Duckworth’s father, for whom he occasionally worked; that when he had been there about half an hour, he met the son of Watkinson, and received in- formation, from that son, of his father not being at heme, and so

¢

Page 146

Mr. Baron Thomson's Sumuwing Up.

128 HE KING AGAINST

so that he might save himself the trouble of going; that upon this he went back to William Duckworth’s, and continued there the whole of the night of the 7th; and the next day ; namely the 8th, he went to Watkinson’s at Ovenden; and the prisoner George Duckworth went with him, and they returned together to Halifax, and dined at Halifax together ; that'after dinner he began to work with George Duckworth:at the father’s ; that they continued so at work tll perhaps about and then they took a walk together, and were out about-two hours whole, and returned to old Duckworth’s together ; - that it was then turned of 10 o'clock, but very little; that they. supped, at old Duckworth’s together ; that the prisoner Duckworth: was out of his company on the 8th of July, from I about eleven till near twelve in the morning, but.was in his company the whole of the rest of the day; that he has known- him thirteen years, and never knew any thing amiss of him. Being then asked as to the character of Milnes, he says he has known him five or six years, and ‘never heard any thing. . amiss of him.

On his cross-examination he is asked, how he came to leave his turnpike in this way for several days together? He says he kept the turnpike from the 2d, ‘when he entered upon it, till the 7th, when his father came, and -he left his* father in the care of the turnpike, and went to Halifax upon the errand ‘he has stated. He says that he slept both the 7th-and the 8th at the prisoner Duckworth’s father’s house; and he tells you: (being asked how he came to know the time of the night, and’ so on) that he looked at his watch after he had ‘been in the house a few minutes, on bis return from the walk on the 8th, so as to know that it was about ten he so returned, the prisoner‘ Duckworth and he having been -(according~ to: his

account) together, - during - the time they had so. walked out:

together, from, about 8 oclock, till-they returned about ten; that they looked at the clock when they went out, and at the watch when they came in’; and he perfectly remembers the. circumstance, though at this distance of time.

They have also called for the prisoner Duckworth, his — father, William Duckworth, who states that he himself i isa shoemaker ; that he knows the last witness, Longbottom, very well ; that he remembers his coming to his house on the 7th of J uly last, and remaining all night at his house ; that the son and Longbottom were walking out on the forenoon of the 8th of July, he cannot tell how long they continued out to- gether, but they came back to dine somewhere after twelve,

and began work after dinner; they gave over working in the’ -

evening, he cannot exactly say the time, it might be eight, afid” then they went out ; when they came in, his wife and he wete’ sitting by*the fireside, and were talking of going*to bed’ fe asked

Page 147

BAINES, AND OTHERS. 199 aiked them if they would have supper, and they supped to- Mr. Raray gether, and went to bed, it might be about balf-past ten or Thonison’§ thereabouts, and they slept together. He says that he recol- Summing lects a particular circumstance, that he had settled a note P- with the last witness, Longbottom, and that he knows it front that cireumstance.. He says he knows all the prisoners at the bar very well, and that he never heard of any charge against his son, till he was taken up in the month of September.

Thomas Hellwell is then called, with respect to Jchn Baines © ‘the elder, and he says that he is a soldier in the 93d regiment, and is a son of Baines’s wife; that he was in Baznes’s house Sth of July, he went there at eight in the evening, and continued in the house till the clock struck twelve, compre- I hending, you see, the period which M‘Donald speaks to; for - he went long before that time, and continued -two hours after. that time; he says that he then left it, and old John Baines let him out, bade him good night, and locked the door. He says'that the boy, Zachariah Baines, went to bed about eleven, and during the time he was there, the boy and his father were with him, and no other persons were there during the I whole time. Being asked how he comes to remember that this was the 8th of Jul , he says that he was subsisted up to that day, and that he drew his pay on the oth in the morning. On his cross-examination, he says that he was with a recruit- ing party, and he had gone to this house of his father-in-law, so ask a question about his mother; that his father never was out of his presence from eight to twelve, nor. was the boy Zachariah trom eight to eleven, and that nobody whatsoever tame to the house the whole of that time, and that no other persons were in the house. Having said he never had been with his father to this late hour before, he is asked how he camé tu be there so late on this particular day, what it was that engaged him there so long; and he says that he had been in the East Indies, and he started upon his trayels (as he ealls them), and it was the discourse that was started that kept them. Being asked whether he had never told his adventures before, he says that he had on various occasions before re- lated to his father his travels in India, which he hed ended nine years ago. And he swears, that during all the time he sat thus with his father in the house, there was no beer at all drunk,

Thensthey take up the case of William Blakeborough, and for him they have called a young woman of the name of Hannah Crowther, who describes herself as living at Gibbet Lane, in Halifax. She suys that she knows Rlakeborough, and saw him in July last on the 5th, and the 7th, and the 8th, which is the mateyial day; that the 5th was Sunday, that she bad on that day proposed that she would go to Saddleworth

eo the 8th, with the prisoner, whose brother lived gt Saddle- S worth,

14

Page 148

. 8 . Mr. Baron Thomson's Summing

up

\

‘130 I THE KING AGAINST worth, and asked her to come on a visit there. It appears

afterwards that that invitation was given at the Christmas preceding, half a year before the visit be‘ng fixed on the 5th for the 8th. She tells you she went with the prisoner Blakeborough, that they set off between six and seven in the

morning of the 8th, and went together to Saddleworth ; that ‘they got there at nearly twelve, walking abl the way, being a

distance of between thirteen and fourteen miles; that they

‘pever stopped, having taken with them some refreshment to be ‘used on the way; that she.stayed at Saddleworth, at the

brother’s house, from the 8th tu the 18th, ten days ; that the prisoner stopped there the whole time in his brother’s house, and he was not above an hour out of her sight, she thinks, the

‘whele of those ten days, She is asked, how she came to go

there wrth this prisoner, she,being a single woman, which she says she is; and she is asked, how they all slept there. Ske ‘says that they all went tobed at-one time; she used to see him go inte his bed-room up stairs, and she herself slept down stairs, and he always went up stairs the first. She is asked her way of life, and she says she lives with her father and mother, and she has been intimately acquainted many ‘years with tne prisoner Blakeborough’s brother, who is a weaver. She is asked, how the prisoner ensployed hjmself during these ten days absence, from the 8th to the 18th; and she says the brother had two pair of fooms, aud that the prisoner wove; that he can weave,. though he is a shoemaker; that journeymen shcemakers at Halitax were at that time out of work. “We did not learn that account from the evidence of the shoemakers first. produced, with respect.ta the other prisoners. She says that Blakeborough’s brother has a wife and one child, She is asked how she was maintained there, and she says she wus no expense to them (here is a considerable difference as to the footing she wus on, between her account and the account the brother has given), for that she took sufficient with her to pay fer her board. She is asked, how much? and she says at once, that she paid him (perbaps she might mean that she had paid his wife, but-her expression was, that she paid him) nine-pence and that she paid him this when she left. She was asked immediately by the Counsel: for the prosecution, “ Hew much did you pay hin?” She said, nearly twelve shillings, having fixed the rate of her pay- ment to be nine-pence per day ; she then says, it was not quite twelve shillings, but near it, cleven shillings and sixpence, and was paid in silver. Now, nine-pence a day for ten days would come to just seven shillings and sixpence. ‘This, she says, she paid him on the 18th. Then the prisoner B.akeborough and she, according to her account, set out tégether from the brother’s house, and arrived at Midgley that night between six and seven. She says that ber employ - . melt

Page 149

‘BAINES, AND OTHERS. 131.

ment was burling cloth; that she had finished up. her work fy. Baron - on the 7th, and sv they ‘set. out upon the Sth. This is the Thoimsou's _ account that this woman has given of her having accompanied Summuy the prisoner Blakeboroug’ to the brother’s house, thirteen or fourteen miles off, endeavouting to account for him during’ every hour of the time of their visits fur she states that there was not an hour when he could have been absent’ without her knowledge. I

_ John Blakeborough, the brother, states that he lives in Saddleworth; that upon the 8th of July lust his brother came to his house with a young woman, this [lannah, whom he had invited to come with him; that they got to his house, about twelve, and stayed till the Saturday week after, which was the 18th, and that they both went away that they both lived at his house during that time, and that is brother was never absent fiom his house above an hour or an hour and a half at a time during that pertod; that he slept there all the time; that they went away on the 18th, between twelve and one. He is asked, when was this invitation to’ this young woman given to accompany the brother to his house? And he says that he had piven an invitation, which if seems was a general invitation, when he-was at Halifax _ the Christmas before ; that he invited her as a visitor to his’ wife; that, she employed herself working at her needle, but, he understood, for herself; that this young woman is no relation of their’ s. He says that the brother slept with him in an upper. room, and the witness's wife slept with this Hannah, in a bed in a lower room, ‘Then, being asked upon what terms they were with’ regard to her being dieted there, he says, “ She brought money with her, I believe, and supported. herself.” I do not exactly understand what that meant ; but you will see what he afterwards says, that she paid him nothing for her board. I questioned him a little more about the circumstances of her paying for this board, and he says she did not pay hina any mosey at all in silver, and he does. not know that she paid his wife; when she came, she said she would pay-something for her meat, Lut he does not know that she paid any thing; and he says that he buys himself el}. the provisions for the family.

This, Gentlemen, i is the evidence which is given on the part of these several defendants, and the effect of which, if full credit is. to be given to if, goes to establish the fact, that none of them could be guilty of this offence which is imputed to them, because the evidence tends to shew that four of them were absent at other places at the time when the witness M‘Donald has stated this to have passed; and as to the other two, namely, Baines the elder, and the boy, Zachariah Baines, that though they. vere in the house in which M‘Donald bas laid the ecene te ty ” 82 ave

Page 150

Me Baron Thbmson’s Summing wp. ,

49 I THE KING AGAINST have passed, yet what he relates cannot have passéd, bécause the son-in-law of Baines the elder was with Baines and Zacka- riah Baines from eight till past twelve that night, and that no pther persons caine to the house.

Gentlemen, it is upon this evidence you are to decide, whether you are satisfied that M‘Donad has spoken truly upon this occasion, whether you believe the account which he has giyen confirmed by the evidence of Gossling. You sep Gossling bas confirmed him jn some part of the case, by proving several of the prisoners to have been that night at the Crispin, aiid stating the conversation that passed at that meeting. At that meeting. you observe, Baines the elder was not present, nor was Duckworth; but according to hig account they went to the George in a day or two afterwards, by the invitation” of old Baines, whom they had seen at his workshop. There -

‘ were Gorg:ing himyell, M‘Donald, ald Baines, Milacs, and

Blakeborough. At that meeting at the George, Dackworth was rot present, nor was he present at the meeting at the Crispin. With regard to Duckworth, therefore, personally, it rests upon the evidence of M‘Donald only ; but it will be for you to say, 3f you MfDonald as to the rest, whether you will not credit hjm as to Duckworth also. Jt is extremely difficult ‘ta say that M‘Douald or Gossling can be mistaken as to their persons, speaking to them in the way they have dune; and it is very diflicult to suppose that they can’ haye fixed by any accident on a wyong day. You will consider, whether there

_ Inay not be a possibility of the witnesses for the prisoners

having mistaken the day, in which case, this defence set up by the several prisoners, of an alibi, might be perfectly true, except as to the time; but it is extremely difficult to suppose any mistake of that kind to have happened with regard tu M ‘Donald ard Gossling, for if the evidence on the part of the prisoners be frue, if must be a mistake with regard to one of the prisoners, Blakeburough, of ten days, or it is impossible that he couid be there. Therefore, if M‘Donald is mistaken, it is not merely a mistake of the 8th, oth or roth, but a mistake, provided his defence is true, of the whale of those ten days, from the 8th to the 18th, unless it was a day previous to that proved.

The matter rests, Gentlemen, for your consideration. If vou beljeye the account which. MfDonald has given, and think that he has neither wilfully nor by mistake misrepresented any thing as to the day of this transagtion, and believe rt plicitly, then it will be for you to sny whether you are satisfied that the prisoners at the bar hate done that act which' this indictment imputes to them; namely, with regard to Baines he élder, that he has administered an oath, which oath: was ntended to bind the person taking, it either wot to give evidence “ - against

Page 151

BAINES, AND OTHERS. 383 aty -pétsens belonging to an association formed to MroBetos disturb the paBlic peace, or for some seditious purpose, or to Thomson’s bind himself to become a member of some such society. Summing will take into your consideration, when you are judging of the intention, the nature of the Oath, and the terms of it, im- perfectly indeed as the witness remembers it., He does not the whole of those terms, but those he does reinem- ber are, that he must never reveal any brother’s secrets, either hy signs or words; and that if any traitors arose, he was to pursue them and put them to death. You will consider upon what occasjon it was that this Oath was so administered ; whether it was not under the impression of their having found, as they thought, a person of their own description; to which hotion the witness M‘Donald had deceived them, when talking of the disturbances in the country, and the attack upon Mr. Cart- wright’s mill, by saying he would be ag active as any of them, . provided he was only sworn in, on. which account, he gays, Milnes took him to the house of old Baines. It will be for you to say, whether Baines the elder, in administering that Oath, had pot the intentiop imputed to him by this indictment, and whether. the other persons were not aiding and assisting. According to M‘Donald’s account, all the other prisoners were there; the- parpose for which he was brought there by was publicly _ to the persons there assenibled; there was no secret _ fade of it. The Oath was administered by the old mian ~Batnes, and you will eonsider whether it is not established that they were all assembled there for that purpose. .M‘Donald _ states that the others were sitting down, but they stood up at the administration of the Oath, and then severa! of them went away with him, and they drank all together.

There is the boy,. whom one is sorry to see there; I do not , Mean to say that there is any impropriety in the prosecutors’ hav- ing brought him there ; he is of an age to be tried for this offence ; but itis fer you te say, whether he was cognizant of its- being, an unlawful act. The evidence against him is, that he - stood with his back against the door, which, in the apprehen-. sion of the witnegs, was to keep the door fast; but that is in his judgment only. If you think the case is made out against any of the prisoners, or all of them, according to this evidence of - the witnesses, it will be your duty to find those guilty against whom you think it so proved. But the great and most material part of your consideration will be, how far your are satisfied with the defence which has been set up on the part of these I nespective prisoners, whether you give full credit to it. If you do ive full credit to it, then to be sure they are placed in situations, in which it be true that they did on the 8th. of July’ ¢oncur in this unlawful act imputed to them. It depends . ‘pen this, whether you ‘give entire credit to what: has: béen os swora

Page 152

134° THE KING AGAINST

“sworn on the part of the several prisoners, or not. If youde. not give credit to it, it will be for your consideration, how far ,

all, or any of them, are involved in the guilt of this indictment, If you feel no doubt, it will be for you to find them guilty, If you believe the accounts, which. their witnesses have given,

it will be your duty to aeqau them. You will consider of —

your verdict.

_ The Jury retired at a quarter past eight and returned.

in five minutes, finding

John Baines the elder - - - Guilty. Charles Milnes - - - ~ Guilty. John Barnes the younger - - - Guilty. Wiliam Blakeborough - = Guilty. George Duckworth - - - Guilty. Zachariah Bawes — - - - = Not Guilty. b

o

em en ee Rr

Saturday, gt" January 1813.

Tnz Kise > THE eight prisoners (together with. - against George Mellor, William Thorpe, and ‘Tames Haigh, Thomas Smith, who were executed: ‘Fonathan Dean, I yesterday) were indicted, for that they,. Fulkn Ogden, together with others unknown, were: Brook, on the 12th of April last tumultuously : Fotm Brook, — assembled, and being so assembled.

Thomas Brook,- I did begin to demolish a.certain mill of. Walker, & I William Cartwright, at Liversedge, in - John Hirst. the county of York.

‘The prisoners having. been arraigned, and severally pleaded Not Guilty, the Indictment was opened hy Mr. Richardson. .

Mr. Park.—May it pleasé your Lordships; Gentlemen of the Jury, We are now assembled to try a different species of offence, from either. that of yesterday, or those of the pre- ecding days. Gentlemen, this case is one of those, to which: allusion has been made; it is connected with the system that has been prevailing in the country, and is one almost of the first of the desperate attacks that were made in this ceunty, before that unfortunate event which deprived Mr. Horsfall of life. And you will find in the course of this, as indeed ap- peared inthe course of that trial, that the irritation produced

1h the minds of the unfortunate persons who have suffered.

death for that offence, by what passed at Mr. Cartwright’s

ml, probably led. to that lamentable event. The day that is’

- . I ‘material’

o-

¢

Page 153

HAIGH, AND OTHERS. "ts “material for your consideration here, i 18 Saturday the eleventh of April 1812.

The Act of Parliament upon which the prisoners stana Indicted, I will first state to you. It was one passed in the gth year of His present’ Majesty’s reign, cap. 29. intituled, An Act for the more effectual punishment of such persons as shall demolish or pull down, burn, or otherwise destroy or spoil any mill or mills.” I need not trouble you with ~any further statement of the title of it. It goes on to enact, “‘ That if any person or persons, unlawfully riotously and tumultuously. assembled together, ‘to the disturbance of the public peace, shall unlawfully and with force demolish or pull down or begin to demolish or pull down any wind-saw- mill or other wind-mill, or any water-mill or other mill, which shall have been or shall be erected, or any of the works thereta ‘respectively belonging, that then every such demolishing or pulling down, or beginning to demolish or pull down, shall be adjudged felony without benefit of clergy.” This is the law upon which these men stand indieted.

It is well known, that in the manufacturing part of the West Riding of this county, there have been various implements .of machinery introduced, and wisely introduced, for the pur- pose of expediting ‘our manufactures, and bringing them inte better use. The advantages to the labourers themselves, if they would have given t themselves ‘the patience to understand ‘the thing, would have conviaced them of the great utility of such machinery ; ; but unfortunately they took a diffefent course, ‘and would not stay to consider the great mischiefs they would bring on themselves, if punishment followed, but absolute poverty, misery and distress which the destruction of those mills, where such machinery was used, must bring on sll the unfortunate persons who were occupied in them. Kt they had so considered, I think that common prudence, indepen- ‘dently of moral obligation, would have prevented their doing -what has been done. For if only this devastation, which was intended fur Mr. Cartwright's mill, had been effected, a number of families must have been thereby thrown out of bread, at least for a considerable time, till he could erect new works. It must therefore have produced dreadful distress. But that argument did not prevail with these misguided persons ; and for a considerable period of time, these deluded, foolish, ignorant, and wicked men, were going round the country, destroying all the obnoxious machinery, and stealing arms; 90 that ‘previously to the 14th of April, they had collected a , eonsiderable quantity of gunpowder, guns, pistols and other weapons. oo, Mr. Cartwright, whose called Rawfolds mill, was

so attacked on the 11th of April, had had previous notice, that

Page 154

136 THE KING AGAINST!

that ansong those people he had been denquucad, on aecount of his employing the most improved machinery, In consequence . of which notice, this gentleman slept in his mill for ypwards of six weeks before the 11th of April, deserting his family (fer hig dwelling-house was elsewhere), and not only that, but he had beds prepered for five military, and four of his own wor k- men. He prepared for his defence, as every prudent man should do; and I have only to lament, that the same spirit Mr. Cartwright displayed, was not displayed by other gen- tlemen, whose property was threatened. Probably if that spirit had been manifested, their Lordships and you would not have been troubled on the present occasion. I will not go through all that he did with his mill. Jt seemed almost im- possible for any, byt a most active military foree, to destroy the works he erected there. But there is one thing I must mention, I because it affords almost decisive evidence against one of the unfortunate men now at the bar. It seenis the different floors (1 think there were, three above the ground floor) were laid with flags of a’ considerable size, in a row, which were raised liquely, so as to make loop-holes; so that if any man should attack the lower windows of the manufactory with hatchets and hammers, those within might fire down upon them; and Mr. Cartwright furnished himself with muskets and gunpowder for that purpose. I I

On the 11th of April (for I will now state the facts, applying them afterwards to the men at the bar) .Mr. Cart- wright will state, that he had retired to bed soon after twelve, having previously ascertained that his watchmen were on their posts; two of whom were set on the outside, to give notice of the approach of an enemy ; but, like many more of our watch- nren, they were surprised, and were actually seized, before any alarm gould be given by them. About twenty-five minutes before one, as well as he could ascertain the time, a Jarge dog, which was chained on the ground floor, bagan to bark furiously, This gentleman, whose feelings were all alive, immediately jumped out of bed, and flew to the stairs; but while he was doing so, being still in his shirt, he was astonished by an inimediate heavy fire of musketry poured into his upper windows, and violent hammering at the door next to the road; ‘for you will find by the deseription, that this mill had a pond on one side, so that it was to a certain degree protected. Mr, Cartwright and his men had piled their arms the night before; he immediately rushed towards them, and met his own mien and the soldiers, without any covering but their ‘shirts, havmg just jumped out of. bed.. By his ‘orders th commenced a heavy firing from within the mill, and this th continued, aswill be proved to you, upwards of twenty wuinutes, The prob, dusing that time kept up their fire alsos an

Page 155

HAIGH, AND OTHERS: 137) afd yowr will find that it-consisted of more thafi an hundred - persons. They broke all the windows, many of the franies,-and one of the doors, calling out, with the most_ horrible impreeations (which I shall not repeat) ‘‘ Bang: up, lads!—Are you withm, lads?—Damn them, keep close.” I Mr. Cartwright had placed an alarm-bell at the top of his building ; this was rung with considerable force, till the bell- . répe broke. The mob, upon hearing it ring, called out, “ Damn I it, silence that bell.” But two of Cartwright’s men went up, and rang the bell, by turns firing and ringing. At length, the firing still contiiuing from within, and probably the ammunition of the mob running short, the assailants began to slacken fire, and at last it entirely ceased, except that one man fired 4 I single shot at the close. Mr. Cartwright heard the people go _ off towards Huddersfield, and, when their clamour subsided, wag I able to heat the groans of some who were left behind wounded, ~ _but he was afraid « of going out, lest it’ should be said that he - had murdered them. It was so dark that nothing could be distinguished by sight. But when assistance came, Mr. Cart- I wright and his men went out, and found a great number of ° tialls, hammers; muskets and sé on, left on the road to Hud- dérsfield. They also found two men,’ who were too badly’ wounded to escape, and who afterwards unfortunately died, upon whom the Coroner’s Jury“ sat,and found a verdict (as’ ’ they were bound to do): of justifiable homicide. oo Now, Gentlemen, the way in which .[ propose to fix the . prisoners at the bar, or some of them, is this. You will observe . what extreme difficulty there must be in such a case as the . present. Here is an attack made, at which np persons can ; of course be present, that are not themselves criminal, except, . the gentlemen who is the object of attack; and he, from his situation, could not know any single individual who was present. I I shall call before you than three of’ the persons who . were at that attack; two of those three ,persqns have already ,. gone through the ordeal of an examination here; they have, been examined, and with strict and proper strictness cross- ‘ examined by my learned Fyiends, who wereof Counsel for those prisoners against whom they were called. I shall call hefd you also a person, who hag likewise been, before, ., not an accomplice, though not free. from blame, because ., he did not communicate facts within his knowledge; .a person,,, of the name of Sowden.‘ ‘The general circumstasices,y t)., which Mr. Cartwright will speak, will he -fully confirmed, or rather be will -fully - co - ther I+ sh call ‘before yau this Sowden to, confirm these men, who. wild prove that a person of the name of. Dickinson, who is:nof,; — charged, for he has not been found, came to the manujactory of. Mr. Mr, Wood's neme has unfortunately been too often. , mentioned, aud whether he knew more than has been discovered, : God

se... T@ =

.

Page 156

138 THE KING AGAINST God and his own conscience only know; but at’ Mr. Wood's house it seems wonderful that all these transactions should be going on, and the master of these men know nothing about them. But Sowden will prove, that on the morning of the a}th of April, Dickinson came to Mr. Wood’s, and that at that time,there was a great deal of conversation. He will telf yeu also that there was beiore that a great deal of conversation with John Walker and Jonathan Dean, two of the prisoners at - the bar, about commencing the system of frame-breaking, © in the sume way that the breaking of stecking and lace-frames - had been carried on at Nottingham; when it was proposed, I that those who would not join jhem, should be turned out of work ; and that he was asked by Mellor.and Dexn to join them, but that he never did. He appears to me to be one of _those fanatical enthusiasts one has seen about the country; but when he was betote examined, [ saw nothing in his-manner to entitle any one to say he was not deserving of the credit he demands. ‘This witness has also heard Dean mention, that he was one of the party. He will prove also that Dickinson distributed ammunition, when he came to the manufactory on the morning ot the day that this attack took place; and it will be proved to you, that it was settled at that time where they were to meet; Chat they were to meet at about eleven o'clock at night, in a field belonging to Sir George Armytage, near what is called the dumb Steeple, by which is meant an obelisk in Sir George’s grounds. It will be-proved to you that there they went. That fact the accomplices of course will prove, for nobody elsecan. There they assembled; and one of the unfor- tunate persons now no more, George Mellor, seems to have been one of the most active leaders of the body. He appears ‘Yo have acted as a kind of commander in chief. They were placed in military array; they ‘were formed into companies, - and marched in platoons, thirteen in front.. How many rows there were, the witness cannot tell, from the darkness of the nigtt. The men who had muskets, marched first; the pistol-men, next; and the club-men and statf-men, and those wi-hout fire-arms, marched in the third division; the musket- eompany commanded by Meller; the pistol company by Thorpe; and by whom the third company was commanded, does not appear. They marched in this body to the mill, and they there made the attack which I have already mentioned © te you, and which I shall not-repeat; and they went off in the _ way I have already told you.

~ Now I must apply the rule of Law which is admitted, and which the learned Judges have stated to you, upon the subject of ac- complices. ‘Che cominon cases of accomplices have been thase, in which @ errme has been committed by perhaps two or three I or four men at the utmost, and where A. B. wishing to relieve eo tole a tl . ae et ‘.. ae ~ himself, ~

4, ers - -

Page 157

HAIGH, AND OTHERS. _._—._ 139

himself, might be suspected of endeavouring to throw the guilt on an innocent man. But in this particular case, which, I thank God is, and I trust will be, the last instance of the kind, the body being extremely large, it is impossible to sup- pose that A. B. can fix on one, two, three, or even six, from such « motive, because thut would not answer his purpose, as in the'common case of a crime committed by afew. The rule otf Law laid down by one of their Lordsbips, the other day, was that which every lawyer heard with entire satise faction, and to which I have no doubt every lawyer will accede. It has been usual to confirm the uccomplice in some of the transactions to which he speaks; he cannot be con- _ firmed in the main transaction, because, if he was, we should not call him us a witness, but should put him upon his trial. What is expected, is, that we should confirm him in some of - the minute particulars. It is not necessary, where an accom- I plice 4s called against a greater or a less number of persons, that he should be confirmed in the facts every pri- soner. Mr. Baron ‘lhomson, in his charge 'to a Jury on Tuesday, sitting in your place, stated the law most accurately. _J have the Report*, and I perfectly recollect it. “ It is not necessary that an accomplice should be confirmed in every circumstance he details iu evidence. That would be almost @ matter of impossibility ; that is certainly too much to be © expected, and never is required. It is quite sufficient to see, that, in some material facts, the witness, who shall have been au accomplice, is confirmed to the satisfaction of a jury; and that confirmation need not be of circumstances, which go to prove that he speaks truth with respect to all the prisoners, and with respect to the shafte they have each taken in the transaction ; tor if the jury are satisfied that he speaks truth in these parts, in which they see unimpeachable evidence brought to confirm him, that is a ground for them to believe that he. speaks also truly with regard to the other prisoners, ~ as to whom there may be no confirmation.” His credit is to go to you’; his credit stands or falls, not by the circumstance of his being confirmed as to all the men, to whom he is speaking ; but if he is confirmed as to some of the men, and you find him speaking the truth as to some, and in some of the particulars, it is a fair ground for you to believe that ue speaks truth as to others.

The accomplices will speak to all the prisoners now standing at your bar. Now, therefore, taking that for granted, I will endeavour to shew you how I can confirm these accomplices

as to some of them; for I state at once in the outset, that , I cannot

* See above, p- 37- Tr -

Page 158

140 THE KING AGAINST

I cannot confirm them as to circumstances concerning all. I But I have been extremely careful, as far as my judgment would enable me to go, and I hope that that care will not se made use of in any way against the conduct which has been pursued. Although J did nut doubt about some ‘of the other persons, who were to have been named jn the indict- ment, I have not allowed any to’ be-included, against whom all the accomplices did not speak, upless where there existed other circumstances of confirmation.

. I will endeavour to go through the names of the prisoners in the indictment, excluding the three first, who are not here. to answer for this offence. The cuse of James Haigh is one, which I think there can be 1 told you before, in the narration of the circumstances, that there was a fring. The next morning after this affair happened, James Haigh applied to a country surgeon, for a cure for a wound in the The surgeon asked him his name. He wonld npt tell him. The surgeon asked him, how he came by that hurt? and he said, he had received it by having fallen in "jumping down a quarry. Now I apprehend that it had no ape pearance of being a wound such as a man would sustain by falling into a quarry, for it went in a slanting direction, and some of the linen of the shirt was carried into ‘the wound. The surgeon dressed it as well as he-could, he sewed it up, and he gave the prisoner some salve to dress it; and Haigh went away. You will find that he never appeared at his work ‘again, but slipped away in the night, with his master, a man of the name of Ardron (whom he can call, if he chooses) to the house of a person of the name of Culpan, thirteen miles off; I they arrived at Culpan’s in the dead of night, and knocked up Culpan and his wife between three and four in the morning. Culpan has but one room, ‘and one bad for himself and his wife; and-Ardron told bim, ‘ ‘This is a poor man, a friend of mine, he wants to rest a bit, he has bad an accident with his shoulder, I wish you would let bim sit here.” The poor man said it was. very awkward, they had but one bed; however. ‘be and his wife got up, and gaye that bed to Haigh. The prisoner afterwards went from place to place for many days, and did not return to bis work ; and when he was apprehended, the shirt he had on was taken off, and the magistrate kept tha shirt, which will be produced to you; end, I understand, from the hole it will appear most manifestly that the wound wag

received in the way I have stated.

- With respect to the next prisoner, Jonathan Dean, I shail rove to you that he was wounded in the hand; and I shall rall Sowden, who will prove that Dean was one of the persons who declared: at--Wood’s shop, when talking: -shear- breaking, that he who would not join, should be turned out-of woe WOTK ;

Page 159

HAIGH, AND OTHERS. = aga

work; and that he has heard Dean admit that he was at Cartwright’s attack, and. received the wound in hig hend through the door, while he was in the ect of striking it with a hatchet. The accomplices will prove that he was wounded in the hand, and here is an admission by the. man that he received that wound there; and I think it will be proved to you, independently of this, that Dean was continually using persuasions to others to induce them to become of the same party. But ip order to put that, of which we have had too much under the present Commission, entirely out of the question, I shall read to you the examination of Dean himself, which I apprehend will be quite decisive, and that it will be your duty to find bim guilty, a _ The next person named in the indictment is John Ogden, With respect to him, the confirmatjon, ap far es I recollect, is not.very considerable, but it will stapd, as J before stated to you, upon the manner in which the witnesses shall tell their story. They will swear that Qgden had a sword (I believe it was the only one in the company) and that he broke it in the scabbard, and part of the scabbard will be produced. He returned from the attack with Drake and Ben Walker, through Clifton. 1 shall-rely upon their evidence, if they give it in such a manner ag to entitle themselves to any degree of credit, confirming them in other circumstances respecting other pri- soners, and leaying it to you that there is every reason to be- lieve that they speak truth as to these.

James Brook is the next. Ihave the evidence of only two asto him. [ told you I had selected the cases to which all the three accomplices spoke; 1 believe only two of the accom- plices will speak to this prisoner, but 1 have better evidence to supply the place of that third accomplice in this instance ; and the yery of their not all speaking to the same men, is certainly a confirmation of their testimony, for i¢ ghews it 13 not a made-up stary. -I have the evidence of a woman, who lived next door to James Brook, who had the . curiosity natural to women; and her attention being excited by- the outrages committed af that time in that neighbourhood, and: every body being in a stete of alarm, this woman, the Thorning after the attack on this mill, listened to what was gaid upon the subject, and she heard James Brook say, that ha had never seen any thing so dreadful as it was. I will read the very words, which I understand she will repeat, withous gaying that they were applied to Rawfolds mill. It will be for you to consider to what they apply; 1 do not say you mtist necessurily draw the conclusion Ido. ‘ Before I will been- aged in any thing of this sort again, I will suffer myself ta F. clammed tn death; if: was one of the most dreadful things J ever saw, and one might hear them screaming tor balf a ° mile.”

Page 160

14% THE KING AGAINST mile.” I shall prove by Mr. Cartwright that he ‘heard the screams and groans of the mob -for a censiderable time, in

eonsequence of the very proper conduct of the people within the mill.

The next person in the indictment is John Brook. This man has, independently of the fact that will be sworn to, of his being there, admitted in conversation that: he was there, and said to another person, whom I shall call, while a search for arms was making at Wood’s shop, that the fire-arms were removed, that he removed them, and that no one knew where ‘they were,. but himself and the persons who received them.

With respect to Thomas Brook, there is a very remarkable circamstatice I shall establish as to him ‘It will appear to ‘you, by the evidence of Mr. Cartwright himself; and of one ‘of his men, if it be necessary to call any of his men to con-— firm him, (and I must call a man to speak as to this fact perhaps) that in the pond at the back of the mill, amongst other things, there was fonnda hat. This hat. will be pro- duced to you. {t belonged to ‘Phomas Brook ; at least we say so, the accomplices will say so, and I shall confirm them by proving, that in their way bome after the attack upon this mill, when they were driven off, they stopped at the house of -@ man of the name of Naylor, and borrowed a hat of his wife ; she was asked, whether her husband was at home? to which she answered, he was not; as he was not. I shali call her. Whether she will prove this fact or not, I am not sure, for she will net speak out;. hut that hat was, as I shall prove, after- wards sent home to Naylor’s house. Ft is my duty, therefore, to impress these facts on your consideration; you will always judge of the circumstances.

The next prisoner is John" Walker. In addition to the - testimony of the accomplices, I have the evidence of Joseph Sowden, who will tell you that John Walker took the active part which I have stated, in coming te Wood's manufactory, and speaking to.them about the system of shear-breaking, and solicited the witness, with Dean, to join the party. Sowden wilk tell you of his positive réfusal; he -will also further tell you, that he heard John Walker admit that he was at the attack upon Mr. Cartwright’s mill, and that- whilst he-was looking in at the window during the attack, a ball struck the edge of his hat; that he had noticed the flash of the rausket within, and that he thereupon thrust his hand and pistol through the broken window, taking the best aim he could, and that he was determined ‘to-do. it, if his hand had been shot off, and ~ Both hand and pistol had fallen into the mill. I do not state this to be true, but that Walker made this statement after the attack, whether boasting of his own prowess, I care but © ae confirms the accomplice i in this way, that he wasat that 4 attac

Page 161

HAIGH, AND OTHERS. 143

attack ; and Sowden will go on to say, that both before and after that attack, he thieatened him, and did every thing he could to persuade him to join them in these outrages.

Gentlemen, I hope you and my Lords will not think I have. trespassed too long in this narration; I am nearly at the end ofit. On the part of Hirst I have an express admission, saying, “ We were ordered to meet at the obelisk in Sir Armytage’s fields. When we got there we found a great many. men, who said, that if we did not go with them they wou shoot us.” Very likely threats were used with respect to them. << So we went to Rawfolds, and we saw some firing, to be sure. home as far as Hartshead with William Hall.” « Hall willprove his coming home with this man, and that he was, there at the time of the attack. I

This is the ease I have to la before you. From my expe-.

rience here on these trials, [ know’ I am to expect

defence, 1 am to expect a defence probably as to character. But permit me to say, the defence as to character, hitherto, has not been at all applicable to the subject. It has been proved that the prisoners are honest, industrious, hard-working What has that to do with their allegiance and submissiow to lawful authority and government? It has no’ bearing on it. And I am sorry to say, that these deluded persons, and others I in their situation (I say this publicly and loudly, for the pur of its being made known) have got it into their heads such an idea both in law, morals, and religion, can be. found, I do not know) that it is no harm to destroy this pro-. perty, if they do not steal, and do not commit murder. This ie the doctrine, [ ain told, that these people hold out among them- . selves, If they put such an unction to their own souls, they will find, wheu it is tuo late, that they have flattered them-, selvesin vain.” Ifany persons have imposed upon them, it is a, dreadful responsibility. If persons in higher life have held. -out to them such doctrines, their guilt is most enormous, and they may have to consider whether they are not answerable for the crimes of these unfortunate men.. The delicacy of the English Bar has introduced a sort of not to put ques- tions on cross-examination, to witnesses called to character;. , and that course we have generally pursued.. We have also, had the defence of alibi; and I would remaik, that alibis are generally true in substance. 1 knoy persons, unaccustomed to these matters, are often induced-to say, How can people make . a train of circumstances? Why, the circumstances, , entlemen, are generally true; ouly give ‘another date, and then the story is all true. And ‘their Maxim js, aS if wag suid. yesterday, that it is no harm to tell one lie to save a brother.

: When you have heard the evidenee, you will lay your. hands- upoa

Page 162

astice Le Blanc’s Summig up.

ies THE KING AGAINST

pon your heurts, and, upon the consideration of the whole of the circumstances that may be proved, will give a just verdict.

The Evidence for the Crown, and for the Prisoners, will be fully stated in the following Summing up:

Mr. Justice Le Buanc.

Gentlemen of tke Jury. . THIS charge, the inquiry into which has o¢ctpied thé whole of your day, is a charge brought against the several prisoners ut the bar, of the names of Fames Haigh, Fonathan Dean, John Ogden, Fames Brook, Fohn Brovk, Thomas Brook, ' Fokn Walker, and Fokn Hirst, eight in number; who stand indicted, with three other‘persons, who are not now at the bar, having been on a former indictment of a heinous offence. The Indictment charges that they, with a number of other evil-djsposed persons, assembled together at Liversedge on the 11th of April, unlawfully, riotously, tumultuously and feloniously, to the disturbance of the public peace ; ‘and. that,: being so assembled, they with force tinlawfally and feloniously did begin to demolish and pull down a certain mill of one William Cartwright, there standing dnd being, against the King’s ptace: So that the substance of the charge is, that these persons, with a great number of others, assembled in a riotous manner, did not demolish, but vegan to demolish and pull down the mill of this, Mr. Cart- I wright. And it is founded upon the positive law of the country. .A former Act, which may be better known by the

name of the Riot Act, had, for the purpose of preventing the

if consequences of a number of evil-disposed persons meeting and‘tumultuously and doing mischief, made it penal (in the Same manner as this Act now does with respect to shills) for persong so assembled either to ‘set fire to or demolish or pull down any houses, barns, or a variety of other things which are there enumerated. In process of time, as _ mills became irequently the object of the vengeance of persons tumultuously assembled, this particular Act, which was. passed it’ the oth year of the present King, was made to

include mills of all descriptions, because it uses the '

sions “ wind-saw-mill or other wind-mill, or any water-mill

other mill ;” so that there is no doubt it includes all mills by’ . which a power is used for the purpose of working machinery, I just in the same manner as it does’ mills either for grinding ’

ffour, or for performing the operation of sawing timber; and , that it’ makes it in the’ same manner penal to demolish or

begin to demolish or pull down mills of any description, aa. the former Act had made it to begin to demolish dwelling- . houses. Therefore the only question will be, whether these °

persons, or any of. them, did. assemble ip a. tumultuods the 13 manner,

Page 163

HAIGH, AND OTHERS. 45

wanner, and whether they began to demolish this mill. It Mr. Justise was not, in fact, demolished, in consequence of the spirit Le Blont’s discovered by the owner of it, and which one wishes the possessor of every house, and of every deseription of property in this country, that may happen to be attacked, would discover; and that each would collect what force he could, and stand forward in the defence and protection of his own’ property, receiving such assistance as the Government and © . the Laws of his country would afford him. It would prove the ‘most effectual and the best way of suppressing all and riots of this description, if at the first moment every person would manfully stand forward in the manner this gentleman did, in the defence of his property. And it appears that by making the best defence he and the persons in this mill with him could, they in fact succeeded in driving the assailants off, before they had demolished the mill; but you . will consider whether they had not begun to do it, looking to the instruments they brought with them, and the progress ‘they made in that which they appear to have gone there with an intention of doing. :

The first witness called is Mr. William ‘Cartwright, the possessor of this mill, situate at Rawfolds, in the township of iversedge, which he held under a lease, and which was used for the purpose of finishing cloth. He says, that a short time before the 11th of April he had entertained apprehensions that an attack was meditated, and was in the contemplation of some of those persons who by that very mischievous ~ spirit which was then affoat in the country,-and that it would be made ypon this mill of his at Rawfolds; that he had slept in the mill himself for six weeks before, and’ had armed some of his work-people, who slept in the mill with him; and in consequence of the indisposition or illness of some of his work- men, had got the assistance of a few military also to.sleep with him in the mill; that he had altogether ten, five military, and five not military. That on.the Saturday, which was the 11th of April, the night when this ‘affair happened, they themselves had gone to rest soon after twelve o'clock at night; quarter of an hour after he had retired to rest he was alarmed by the barking of a large dog, chained within the building for the purpose of giving the alarm; that he immediately got out of bed, and on opening the door of a small apartment in which he I slept, he heard a violent breaking of the windows on the ground floor, and at the same time a discharge of musketry or fire-arms at the windows of the ground and upper floors, and he heard likewise a violent hammering at one of- the doors of his mill, ~ and the voices of a number of pefsons at the othefs; that on one side of this of his there is a -pool of water, which, a suppose, works the Wheels that get the machinery in motion 5 poe] sop el? 7 : sone ee

ww

‘¢

Page 164

46 ~~ TE RING AGAINST’ Mr Justice that upon this, they all flew to their arms; that he had Le Bianc’s placed a bell .upon the top of his building, for the purpose of Sumining giving an alarm, in concert with the military stationed at no gyeat, distance ; and he and his people set that bell rmging, and discharged their muskets through the loop-holes of the. mill, in an oblique direction with respect to the situation where hp. was standing ; and that the fire was kept up by the people withaut, and they in yeturn fired from within. They heard the cries of the persons on the encouraging their companions who were engaged in this attack, and then he repeats the language which he heard them utter at that time, “ Bang up, ny lads—In with you—Are you in, my lads?— Keep closew=In with you, lads—Damn them, kill them every one.” And then, “ Damn that bell, get it,” referring to the bell which he was ringing in order to give the alarm, All this shews that there were a considerable number of persons, and that they were encouraging each other in doing. tha: which - they were then about, namely, breaking’ into this mill for the purpose of it, He’ says that the number of the. assailants seemed to be very considerable, but it was in the might, and he was in’ the building, so that he cannot form a judgment as to their number; that, judging from the numbet of cartridges they had fired trom within, this attack must have fasted as long as twenty minutes ; and that when the fire from the people without slackened, ke heard the cries of persons who appeared to be wounded from the fire which be bad kept up from within, and an détempt-made by the people to carry off gome of them who had Leen wounded. He says that they. immediately slackened their fire within, as the others slackened their fire without; and upon that the people without $0 Separate theniselves, and tuke different routes, but both route leading back to lluddersticld. ie says @ person of the name of Cockell came up, before be himself had opened the. door so ag to be able to see what was without; and upon this person eome ing up, probably hearing the alarm of the bell and what wag . @oing, they opered their doors and went out; and he gives ay account ef what they found on the outside of the house when fhey went out, that they found two men lying there who had Leen wounded, and whom the party had’ not carried off;. that these persons were taken to a public-house, to.be taken care.ol, That when daylight came in the morning they examined more particularly the state of the mill, and they found that all tlre frames and the glass of all the windows on the ground-floet of the mill were broken to pieces, except about nine panes of glass . out of three hundred; that the. door. of the mil} had. bees «hopped with a hajchet, and: had : received. many blows with what they call malls, By which the of the door were broken and, chopped. to: pieces in. holes, ..gp that, men might aomly put their heads through tyem ; that part of the jamb ‘ ston

S

Page 165

\

A

HAIGH, AND OTHERS. 447

stones.of the door were likewise broken out by means of the Mr. Justice instruments with which they had been hantmering and forcing Le Btaact the doors; and the frames of many of the ‘upper windows were Sumuing broken, and many squares of glass. He describes his building “*

as a stone building ; the windows were put into framework, as I understand, in stone; the frames were'broken us wall as the Squares of glass, in some instances the whole window, glass, frame and all, was entirely forced in and broken; there was not one frame, upon the whole of the ground-floor, that was not rendered wholly useless, so as to require it to’ be made quite anew. So that I cellect from his account, that these frathes

4xed into the stonework were in some instances entirely ~

destroyed and smashed in, and the. doors broken in the same way, and the stene jambs in two mstances broken of. This is the only evidence given of the injury to the mill; and the ques- tion is, whether there was not a begining to demolish some part of that which formed the fabric of the mill; not the - breaking of glass windows (for that would not be a beginning to demolish) but bere was a breaking of the frames of the windows ; and you will judge of their intent’ from the number that came, and the manner in which they attacked the mill, whith was such, that nothing but a vigorous resistance would have prevented the while frem being :

_ _ James Sandys, who was one of Mr. Cartwright’s men, says that the next morning he found some of the malls and hatchets, which have beer produced and laid upon the table; tbat he found one of the hammers, and a hammer-head, and that he saw other of the weapons, laid upon the table, bropght ‘in by the persons who had. picked them up on the outside. That is the account of the instruments, as far as they can be given in-eytdence, which apyear to have been used by any of the persons who composed the party making this attack, and

you bave had au opportunity of seeing the sorts of

‘gents: some of them appear to be sledge-hammers, and an . afize, and another, what they call.a mall, all which are jpstrue

: ments of that force.and description as to be capable of breakipg I a.door, and of breaking through the windews. The only other I

acticie.spoken to by one of Mr. Cartwright’s servants, is oye, -awhich is: brought forward at this time, for the puspose .of applying it afterwards to.evidence produced by others, to &x aipan one .af the prisoners the having been there,. James . Wilkinson skys, the next. morping-he found a-hat, which he produced, in the water of the mill-dym. So-that there wag a dat, which had been left there.. You will find, when you come ito bear the evidence, that particularly applies to the case of ane prisoners, that ong of who had attacked this mill, 4 _ hese facts having been laid before you, to prove the body of ee 4 te the

t

Page 166

148 THE KING AGAINST

'

-., the offence committed, as charged in the indictment, when one Mr. Justice I : Le Blanc'’s considers the number of persons tumultuously and riotously

Summing

Up.

-

assembled, the time of night at which they came, the language

used, and the manner in which the attack was condutted ;

it is impossible to doubt that this was a most riotous and tumultuous assembly of ill-disposed persons, and that they came there for the purpose of disturbing the public peace: and you will say, whether they did not begin to demolish and pull down this mill.

The next question will be, whether any of the prisoners now at the bar, were parties engaged in this assembly. In ‘enquiries of this description, in order to constitute the guilt ef a person charged, either with the pulling down a Louse, if the house be entirely demolished, or the beginning to demolish and

pull down the house, where the assailants are prevented from

‘carrying their purpose fully into effect, it is not necessary to fix upon the persons who actually fired any of the pieces that did the mischief, er whose hands actually directed any of the

or hammers which broke the windows or the doors;

. but every person who mixes anc engages with a tumultuous assembly of this sort, who is present assisting the rest by his _ countenance and by his voice and encouragement while the , Jact is committed, 1s equally guilty, either of actyally demo- lishing or of beginning to demolish (as the case may be) with I the man whose hand actually broke the deor or began to pull down the building. And therefure it does not become “necessary to enquire particularly what each individual prisoner "did, but whether he made part of this riotous mob or assembly

"at Mr. Cartwright’s mill at Rawfolds.

In order to shew that the prisoners were of the party, they

have called on the pgyt of the prosecution, first, a man of the “name Of William Hall, who is in that branch of the woollen } business, calied a cropper, and.who works at the shop of one John Wood, at Longroyd Bridge near luddersfield. He says « that the other persons, whom he names, one of the name of another of the name of Benjamia Walker, another of + the name of Varley, and others, worked at this shop; and he

roceeds to give an account of the preparations which were

- made for this attack. He says that one Joshua Dickinson, I ‘ who was a journeyman cropper, came to their shop on ‘ Saturday the 11th of April, and brought some powder and ball.- It does not appear that any of these men now at the bar, were then working at the shop. Hall says that Dickinson ‘ a pint of powder, anda little bag of balls, and - two or three cartridges, not more; that in consequence of

the directions which were given, he William Hall) among the

yest, went that night into Sir George .Armytage’s fields, which _ @ppear to have been the place of meeting; that he (Hall)

went

Page 167

- HAIGH, AND OTHERS. 149

went~with Smith and Dyson; that as they went along they Mr. Justi¢e .evertook George Brook, of Loekwood; that when they got Le Blanc’s to Sir George Armytage’s fields, it was about ten u'clock ae

at nicht; that they found there about two or three score people assembled tegether; that they stayed there guod part of an hour, that by that time the number_of people who had been got together amounted to a good deal above a

hundred, and that they then began to be called over and -

‘mustered, not by names (names might have been dangerous, ‘for every body would hear them) but by numbers, each

‘man having a particular nuinber appropriated, to-which he

was to answer; that he himself was No. 7. and answered ‘to that-numbers that there were different companies, a musket ‘company, a pistol company, and a hatchet company; that Mellor and Thorpe (who were convicted upon a former indict- ment, and who appear to have been the leaders) formed the men into a line; that the cempany of musket-men were formed in line, two deep ; and then they ordered the witness Hall, and -aman of the name of George Rigge, to go last, that is in the rear of all the persons, and to drive the people up, and to see ‘ that none of then: went back. That they accordingly marched ‘from the fields of Sir George Armytage towards the mill of Mr. Cartwright, at Ra:wfolds, over a moor called Hartshead Moor, the mili of Mr. Cartwright being about three miles from these fields of Sir George Armytage; and he describes this par- ticular spot in the fields of Sir George Armytage as being a place where there was what they called a dumb steeple (an obelisk, or sometling of that kind); he further says that these other people, who had neither muskets nor pistols, had some of them malls, and some of them hatchets, and some had nothing at all; that as they went along, many of them got sticks or stakes, by way of arming themselves; that they were stopped before they got to the mill, and were formed into lines thirteen abreast; that Mellor formed his company of musket- men, and he thinks Thorpe belonged to the next company, the pistol-men. ‘Then he gives an account of the names of ‘those persons whom he recollects to have seen while they were in the fields of Sir George Armytage, and before they marched to Hartshead Moor, near the mill of Mr. Cartwright. He says that he there saw James Haigh, one of the prisoners,

Jonathan Dean the prisoner, standing next to him; John Ogden, I

James Brook, and John Brook ; but that he did not see Thomas Brook there. He says that he saw John Walker and he saw John Hirst there; but John Hirst he did not after- wards see at the mill, ‘Then he proceeds to state, that ‘ when they had been formed into a line, they went on to the mill; that there was a deal of firing, and knocking with their malls and hatchets at the mill; and that at one time ‘ Mellor, who appears to have been their:leader, ‘cried out, met

Page 168

150 THE KING AGAINSFPF-

Mr. Justice th + was openeds and some of thena cried out, 4“*. Fire at sLe Blanc’s tie 4 cll,” for the purpose of shooting away tbe bell (or, more

wp.

_. likey, the rope to the bell}; that he heard one of them say

that there was a man shot; that he himself fired twice into the mill, and that there was firing from the mill and into the -mill, and that that firing continued nearly twenty minutes. Iie says the daoy my front was cut through, but it was never opened. recollect the accouut Mr. Cartwright gave, was, that the door was never burst open, though the pannels were broken so as to adwit aman’s head. He further says that they all after- wards pot away as fast as they could, in all directions; that be himself.went through the beck or stream from the mil]- _pond, and made fer High Town, and that the reason he went to High Town was, that he met with the prisoner whom he had seen at the fields of Sir George Armytage before they -went to the moor, and whom he saw afterwards when they were forming near the mill, and that he weat homewards with hin towards High Town, where Hirst was going ; that he did not himself go home that night, but went back to Sir George _Armytage’s tields. Ile then states, that about a fertmght after this business had taken place, Thomas Brook brought a hat to the shop of John Wood, and told the witness to get it to where it belonged if he cuuld, and that Mellor would know to whom

at belonged. This will not be intelligible, without attending

in the first place to what was proved by the people belonging ,te Mr. Cartwright’s mill; that there was a hat found in the spool of-the mill, so that some one person who was there bad Jost a bat. You will find in the course of the evidence, that @ person in going home, called to borrow a hat, and had a hat dent to him; and that a fortnight after,.a hat was brought to this shep of Myr. Wood, where the people worked, and that

. Hall was desired to get it to the place where it belonged, to

-petorn that chat, which they had found a Woman kind enough to lend them in their return from the mill. He algo gays that Mellor, when Thomas Brook gave direction, referred dim to the house of Samuel Naylor, where the man shad called and borreved the hat in his return.. On his cross-examinatiop, jLlall.says ‘that.that night at ten o’elock he could see tolerably well, that it was not very dark, not so.dark.but he could know @.man when ‘he. was ‘near him, end.that he saw the.men when they wese standing about in that field. that they occupied a -wery large spage, a larger ‘space than this court. ‘This is she “evidence of William Llall, who (it 3s not necessary to abgervo w you) was as wuch implicated in.this mischief, as any ong pf ‘persons standing at the bar. He js.not therefare.a person estanding -jn that upright situation, that you can receive his evidence distrust and caution; and there- afore you will exprnine and see, whether, from the other facts

spaoved, im ithe cause, and the, teetimony af other witnesses, At I . eae

Page 169

HAIGH, AND OTHERS. 153

these fact- or any of them are proved by other evidence, 80 as Mr. Justiew: t6 convince you that, bad as he Is, yet in this respect he speaks Le Blane’s the truth. His evidence is to be left to your consideration, bit, from the account of his being engaged _in this transaction, “P he does not shew himself in that light, that you ean look at his evidence without ‘cantion. You will see how the other evi- dence in the cause falls in with his, and if you believe that he is‘ télling the truth tu ydu upon this transaction, he is a withess- whose testimeny you will rely.

The next witness called is Joseph Drake, who is a cloth. - dresser, and worked at John Drake’s. He says, thathelikewise , was at Mr. Cartwright’s mill on Saturday night the a1th of: April, and that he went there with the prisoners John Walker’ and Dean; that they went together from Dean's: ‘house;, that he had known them both some time; that they. set out at ten at night to gosto Sir George Armytage’s: fields, which was the place they were appointed to meet ats that, as they were going, they overtook several .who! were going the same way, but none of tle prisoners were. among those whom they overtook; that when they were ath: ~ assembled together in the fields of Sir George Armytage, the» number might amount from 130 to 150 persons; that in these’ fields of Sir George Armytage they were mustered into com-- panies by numbers, and were placed two by. two; that the’ company to which ‘he (Drake) belonged, was the pistol ¢om-: pany, @ company where the men’s arms were pistols; how: many companies there were he does not know, but there were! . ‘ ¢ompanies both of muskets and of pistols, and a company of men they called hatchet men; that they proceeded, two by two, to Cartwright’s mill; that sixty yards before they arrived: at the mill they halted, and he did not go nearer than about: sixty .yards from: the mill; that there were a good: many’ stopped behind the main body, which proceeded on to the nuill » that he gave his pistol up before he halted; (he does not tell us what he did there, or for what purpose they halted there) ; that a good many bf them procecded on to the mill; that he heard a foud firing, and that it from a quarter. of an hour io twenty minutes; that be rematnedt within the distunce of sixty: yards of the mill during the whole titne thist was going on; that a good many had proceeded to the nully he catinot say how many. ‘Then he: gives an account of persons among the the bar, whom heknows to have there. He suys Jonathan Dean was there, and had a ham hier with hims Fodn Walker was there, and “he had a pistol; anda smock-ftock on. He says that he does net know Fameg Haigh ; that he was solicited to co there by Mulker ; that he himself did not po to Walker atter the attack, but thas he saw the prisoner Bivok suméwhere near High Lawns . vw w 1c

Page 170

152 THE KING AGAINST

Ms.Justice which was the place to which many of them went in their way . Le Blanc’s home after the attack ; that at that time he did not know him, Summing and that that right was the first time he had seen him; that - “Es wher he saw him near High Town, he was without his hat, and his clothes were and he thinks he said he had been in the dam; that Mellor was with Thomas Brook at that time; that at High Town they stopped at the house of one Samuel I Naylor, where a hat was borrowed, by George Mellor, of a woman, for Thomas Brook ; that Thomas Brook went home in. that hat. This is the evidence J alluded to, when I stated to you, that evidence would afterwards be given, confirmatory of the circumstance of the hat haying been found ; so that it should appear that Bruok was the person who. had been in the water, and had lost his hat, and that he called with Mellor end this witness, and borrowed a hat, with which he went home ; and it was to this house that Mellor afterwards desired I the former witness to contyive the means of getting tlfis hat "back again. He then describes them as calling at another place, called ‘Clifton, and that Mellor and Brook called for something to eat; it was a private house, and they asked for some muffin and water, which were given to them by a woman out of a window. Afterwards, you will recollect, that both the woman, at whose house they called at High Town, to borrow the hat, and the woman at whose house they called at Clifton, to get some bread and some water, are called to prove that persons whom they did not know called, and that they sup- - plied them, the one with a hat, and the other with some muffin- bread and some water, out of the window. This witness says that he met with Fokn Ogden at High Town after the attack was over; that he then had a pistol with him, and said. he had been at the attack of Mr. Cartwright’s mill ; that they - went together to a place which he calls Cawcliff, where they parted ; and that he knows him well, and has seen him ofter betwWeen that time and this,

"They next call a man of the name of Benjamin Walker, ‘ who says that he was one of the party that went to Rawfolds mill on the night of the attack, with Thomas Smith and Thorpe; - that he saw none of the. prisoners in Sir George. Armytage’s fields, nor till he got to the mill, when they were called over, and he answered to N° 13; that they were formed in Sir George Armytage’s fields ; that they then went into a close a. little way before they got to the hill ;that he himself had a. in, and was in the first company, which Mellor led;. that fhat company was chiefly armed with guns; that in the place where they halted just before they got to the mill, he saw the prisoner Jonathan Dean, and he took particular notice of him, beeause he gave him a-sip of rum before they halted, after they had left Sir George Army tuge’s fields, and just before “+ 3 I a "+" ‘they’

Page 171

HAIGH, AND. OTHERS. = 158 they came up to the, mill; that he does not know, whether Dean hada hammer or not; that after having so halted, they went up to the mill; that when they got up to the mill, there

was firing on both sides; that he fired; that he saw a man’

of the name of Booth there, wounded, who is since dead; that when he got home he went into Jonathan Dean’s house: that Dean was then in bed, and his hands were bleeding, and Ake said he had got sadly hurt, and that he had been’shot it his finger. He says the persons, with whom he went home fron: the mill that night were, George.Mellor, Joseph Drake, Tha- mas Brook, and another chap from Cawcliff, whose name hp @id not know (this answers Drake’s account of Ogden;)' that they stopped a litile while as they went along, and got a hag

for Thomas Brook (this accords with, the account likewisa.

given by the former witness;) that Thomas Brook told theti that he had lost his own in the mill-goit, that he bad falle into the ‘mill goit, and his clothes were very wet. The f that somebedy’s hat was in the mill-goit is clear by the evi+ ‘dence of the servants of Mr. Cartwright; and this man as wel]! as the other, speaks to Thomas Brook afterwards having hib clothes wet, and calling at the house of Naylor for the pur- pote of getting a hat for him. This witness further says; that n going from Sir George Armytage’s fields to the place where ‘they halted before they got up to the mill, he saw another of the prisoners, John Walker, who had then a pistol with him, ‘but he never saw him afterwards ; that'while they were in Sir George Armytage’s fields, he saw also the prisoner James Haigh ‘there, and he thinks he was armed with a mall; that.he never _ waw Haigh any part of the tinie but that; (but, from the evidence which was given afterwards, it. appears. as if there ‘was no doubt of his being somewhere else, as well asin these fields ;) he says they stopped at Clifton, and got some bread ‘and s»me water, it was what they called muffin-bread, which ‘was given them by a woman out of a window; that he himself ‘had both a gun and.a pistol, and he gave the gun to a man

Mr. Je ie Ce Summing,

of the name of Varley; that he had on a mask, and I

the others had masks on, whicl they were directed te burn when the attack was over. I oo _ ‘This is the evidence of these three persotrs, who may Ue considered as all engaged in the very same tumult, riot aitd felony as the prisoners, and who have given this yccouns Of seeing the prisoners tet, . » The next person man af the same of Sowden, who sas another workman in the shopef Mr. Wood, but was ROt with the party at the mill. He hims< If was ot at the attack of the mill; that he knows .Jenathax Deas, Walker, and the three Brooks. That in the beginning of the following week after this attack ‘upon Rawfolds, which een yas an Ko ee happengd

Page 172

Mr. Justice Le Blanc’s

Suntring up.

134 THE KING AGAINST

happened on Saturday night, he beard John Walker say in Mr. Wood’s shop, that he had a horse pisto} in bis hand at the time of the attack, and that while looking in at Mr. Cart- wright’s window, there came a ball and struck the corner of his hat, and that he put his hand through the window with his pistol,and aimed it as well as he could to the point from which the flash of the pistol, the ball from which had hit the.corner of his hat, came, and he thought that if his hand went. with it, it should go: Se that this was at least the boast which John Walker made the beginning of the week after in this shop, where.so many of the persons who had joined in thig business were. This witness also says, that ohn Walker and I Fonathan Dean, were the first persons that brought any inth mation to the shop, where these people worked, that frame- preaking was going on; that they came tu them at their shop (that is the shop where Sowden worked) to request him and his shopmates to meet, and consider and adopt plans. for the destruction of machinery, on the same principle as had been done at Nottingham. an I On his cross-examination, he says that he himself never I approved of the plan of frame-breaking, that he detested it, that he did not join in any of it; that he did not at that time imagine it would be brought to such a pass as it was after- wards brought to; that he did not discover any of the cir- cimstances he has related to-day, until he was asked, and he gives as.a teason, because he was of a timid disposition, ans was, alcaid of the io himself; but that the first ©

Aime he was ever questioned about it (which was the 24th of

October). he told every thing he had heard upon the subject, he never having engaged in these transa¢tions, but having

heard: what had been said in the shops. That is the account

given by Sowden. He himself cannot fix vpon any one. of these persons as. having been there, not having been there

shimself, according to his own account. He only speaks ds to Fohn Walker having boasted, the beginning of the next week, of the partbe had taken. : . a tan ude

The next witness is Mary Brook, who isté substarmtidte te account which the wituesses have given with respect to her having delivered them tle muffin and the water out of the window at Clifton. She says, that on the night of this stir (as it is called) at Rawfolds, after she was in bed,some people catue to her deor, and asked to buy some bread of her, and I that she gave them some muffin-bread and a pitcher of water through the window, andsthey gave ber threepence for it. It is stated by the accomplices that they stopped, and had these articles in this way. a Then Sarah Naylor, who High Town, through which some of these men Weut in their way home, states, that she remembers

Page 173

HAIGH, ANDOTHERS, 158, remembers the night of Mr. Cartwright’s mill being attacked; Mr, J that in the course of that night, some persons, whoni she did’ Lt Bla

not know, called at her house, and asked her to lend them a:

man’s haty thatshe saw only one person that’ asked for it, and’

shé Tent it; and that not long after, stid canirigt particularly’ spéak to the time, it was brought back again.” en tae ; Tatterson, and the two: os three ndxt dre called. ta prove. circumstaeces with respect to the prisonesi Haigh, for the purpose af shewing. that Haigh was at Cart-f wright’s, and that be was one of the persons who were wounded; there and carried off. Tatterson says that he:practises sur: gery a little, and lives at Lepton, nearly four miles and & half

om

from Huddersfield. ‘That on Sunday the 12th of April, whicly I

was the day after the attack on this mill, a person came to house, whom at that time he did not know, but whom.he since knows, from what he’saw of him on a subsequent day; te be the prisoner Haigh: That he came to‘him on the Sune axy, and was with him. again on the Tuesday, and that'he dressed his wound; that he saw him again when he was a6

Mr. Radcliffe the aad that he then knew him te.

we: Haigh; that the fime at which he eame:to him

é

Sunday yas four o’clock in the afternoon, that he: wanted bis wound dressed ; that the wound was at the back of the right'shoulder; that he examined it, it'was an inch: and a half deep ;.it was an open wound, from the upper part of the drm, as he described it, down to the lower part at the arm,‘cat epen the whole way; that there was nothing driven into it on Gut of it, ws he-saw, eiiher way, but there was a. little bit. of lint at theupper edge, and it sideway; it was more wide than.it was deep, it. was.a largish wound both in dept: Haigk told him he came-from Dalton, and

that he had against astone. The witness says I

said nothing to Haigh, but only dressed the wound; that it

appeared to him to be a bruise, dsif it had béen done by'a fall .

against a-stone ;.it was frésh and bleeding, ard the arm wae bloody ; that he sewed it up at each end and in the middle, and gave liny seme salye to dregs: it’ with, and: be saw him agaim

on the Tuesday; aad that is alithathe knows.about.it, ~

., Joseph Culpan, who Fives at'a Joné house at a place called eniston Green, at the distance of fourtéen miles fiom Hud- dersfield (Tatrerson’s being four miles and a half) says, that Dalton may be twelve mites distant from Peniston Gréen; that a master cloth-dregser, a relation of his, of the name of Ardron, who Jives at Dalton, came with another person to this lou house where the-witness Culpan lives, at Penistoo Green, on the 15th. April, four: days ‘after the night of the attack, at twelve or one o'clock at night; that he aske them what they came for, said, to smoke a ‘ ws ee ee I ‘xg wee ae whe 2 ‘pipes

ane

tice. rary

Page 174

Mr. Justice

Le Blanc’s

Up.

Susiming I

166 I THEXKING AGAINST pipe; that his wife kuew Ardron’s voice, and therefore desired.

‘ him to open the door, which he did, and let them in; that he "had no fire at that time; that Ardron asked him to let them

gtay there till daylight, aiid said the man that had come with him had got'a hurt; that he did not then know Ardron’s coni- panion, but he now knows it is the prisoner Haigh, who ap~ peared to be lguie aboet the shoulder; that they bad but one. ‘mm the frouse; that after Ardron and his companion had been in a little while, the witness an‘! hie wife got up, and gave them the preference of lying down in their bed, and they them~ selves stayed up till next morning; that they then all break-

fasted together, and then the witness Culpan amd Ardran went.

out together, leaving Haigh at this lone house.ai Peniston with Culpan’s wife, tostup there till Ardron.came back ; that Ardron and the witness went toge:her to a place called Unshelf, and from that to Ardron’s Willey Bridge, aud after. wards they came’ back again; that Haigh went from thelxhouse, to ‘the house of Ardron’s mother, at Willey Bridge, the after-. noun of the same day ; that Haigh was a man who worked. with Ardron, Ardron being his master..The witness then de-. distance from his house to Ardron’s mother’s house

to be about a mile, and from his house to Ardron’s twelve.

miles. .So that according to the accofnt he gives, and partie éularly when you come to compare it with the evidence of :the afterwards, it appears that Haigh came the very next day to Tattersen’s house to have this wound dressed, and. that afterwards he was.brought to Penisten, and taken from I place evidently for the purpose of concealment; for nO. account is given by evidence of what other could be the reason Of his master carrying this way to a lone house

_ ‘en Peniston. Green, getting him put to bed there, and then

arranging for him to go to his mother’s in anether place.

: Mr. Thomas Atkinson, who acted as a constable on this - oecasion, says that, having a apprehend the prisoner Haigh op the 23d of April, he went on that day to his house at Dalton, but did not find him there ; that he was not there himself, nor his wife; that he found they hed been brewing, I end that the beer was in the brewing vessels, just in.the way in which it had been left, without ever having been turned at the time when, in the regular order and process, it should have been turned. [He pursued him from thence to Tatterson’s, whére he had got scent of this man having been to be dressed ; not finding him‘ these, he then went to Peniston Green ; and not finding him there, ha then went to Mrs, Ardron’s at Willey Bridge, and thence to Wragby, and thence to Metbley, where. gt last he found him on the evening of the 23d; ‘that was 4welve days after the night when the attack had been mad

ace, § _ that this ig ‘altogether a distance, by the shortest yoad, of

nineteen

Page 175

\

saw James Brook, who, according to her account, from the

HAIGH, AND OTHERS. 157

‘nineteen miles from Dalton; but going round in the way in

which Haigh is proved to have gone, it is much farther than that; dnd that at the time he found him at his bruther-in-law’s,

_ he was wounded in the shoulder. So that the ‘first object of

this evidence is to shew, that in the situation in which Haigh was, with a wound in his shoulder, which had made him lame, he had gone away from his cwn house, taking this long circuit, and moving about from place to place; when, for aman who wauted rest for the sake of his wound, it would have been More convenient to stay at his own house, if there was not @

Mr. Justice Le Blanc’s Semning — up.

strong reason against it, namely, the apprehension of his being - detected. The witness says that they took Haigh before a

magistrate, and he was there exatnined, on the 24th; that the

arm was examined; that something was said about the shirt, upon which the shirt he then had on was taken off (and that

shirt you, Gentlemen, have seen) and that another was given him. He adds, that the shirt was examined by a military gentleman who was present, Major Gordon, and that he in the

prisoner's presence said it was a musket-ball that had made I

that hole in the prisoner’s shirt, and that. the prisoner made no observation upon it. That was, however, mere opinion, and jt was evidence only because it was stated in the presence

- of the prisoner, and which he might: have answered by ex- _ plaining how it was that it had been occasioned. .

Michael Bentley says, that he lives at Methley j that he saw the prisoner Haigh at his house the day before he was taken up, when he came to be shaved; that when he saw him there and shaved him, he was lame in the shoulder, he thinks

ig no doubt weund was in the right shoulder. ‘Fanny Milnes is called, to speak respecting the prisoner Fames Brook. She says she lived next door to him:at Lock- wood, and that the Sunday after this attack, she saw a great deal of whispering at his house; that on that morning she ynotion of his hand, appeared to be telling some sorrowful tale; that she did not hear what he said; that there were plenty of meri; who bélonged to the cloth-dressers, were coming to his house, and that she, living next door, heard James Brook say, that of all the dismal dins any body ever heard, that was the most dismallest, and that you might hear it half a mile, and he had rather be clammed to death than be in such a stir again. What he was alluding to, she does not know; this was all that she overbeard, and she says it was between ten and eleven o’clock. Upon her cross-examination, she says that her hus- band had taken up this Fames Brook upon some former occasion, and had taken him befofe a magistrate without a warrant ; that Brook was detained during the night and then discharged ; and ee that

' . #¢ was the left shoulder. This is clearly a mistake, for there —

Page 176

Mr. Justice, Le Blanc’s Summing.

wp.

8 7 THE KING. AGAINST, , that Brook then brought an action against him for that assault and false imprisonment, and that he recovered against her husband a verdict with some considerahle damages. Then she

_ is asked, whether she ever said that on that account she would

be even with him, or with the family of the Brooks, or any, thing of that kind; and she denies ever having used those éxpressions, Her -evidence’ ou!y :hews that her husband, at Teast, had something as a matter of complaint against Brook, and from her evidence it appeared that'she thought that Brook had recovered a verdict tor damages against her husband which he ought not, and therefore she might not owe him any. very good will, os ar

The last piece’ of evidence produced on the partof. the prosecution, is the examination of the prisoner of the name of

Hirst befofe Mr. Scott, on the 2d of November: last.’ Wherr

this charge: was made aguinst him, and he was asked:what he

had to say, he said, “We were ordered to meet at the obelisk in' Sir Armytage’s fields ; when we got there, we found & great matly inen, who said that if we did not go with them; they would shoot us; so. we went to Rawfolds, and). we saw some firing, to be sure. I came home as far as Hartshead with William Hall.” That is-the only account he gives; ihe does not deny his meeting in Sir George’ Armytage’s ‘fields with the rest, anddns gomeg on, but. he attributes: his'pomg . on from Sir George Armytage’s, to.their treatening that they would shoot him if he did not; but he does not staté any. realon why he niet the rest at Sir George Armytage’s, before they proceeded to the attack of this mall,

. This is allthe evidence on the-partof-the prosecution; and it shortly consists of this; of tHe evidence of those persons

who stood in the situation of accomplices, who were.there

themselves, and who speak of the prisoners at the bar being there also in different parts of the transaction, and likewise account of the different circumstances which took place In going to this mill, while there, and, during the time.when they were going home; and of the testimony of different wit- nesses from various places, as to these separate and distinct circumstances, to confirm the accomplices in those parts of the case to which they have alluded. They have hkewise calle to you that witness of the name of Sowden, who was himse no party in, any of but was the same shap where the others worked, and who speaks of cours¢ to sothing that took place that night, he not having been, with

‘ any one of them, but gives evidence as to’ one of the prisoners,

Walker, having, the beginning of the week after, boasted_o the part he bad taken in the attack of-this mill. With respec to Haigh, there is all that evidence, none of which is at all explained on his part, of his having, on. the. very next Cay, - - een

Page 177

. HAIGH, AND GFHERS. 59 beén ‘dressed for a wound the that! he gave, being, that it was cul by jn Consequence Of! sc Branc’s I d fall which be had had; then as to the’ manner ip "es Hé was treated, by being carried about from place to place; e he was apprehendéd where the constable afterwards found him. And hen you have, as to particular prisoners, that which: has been proved, .and the admission, in the exainination of Hirst himself, that he was there, and that he went from th mill as far as Heartshead with William Hall; and'so fat by: bis own ‘acknowledgment he confirms the account, which Willian Hall, who was one.of the accomplices. examiged, before you, gave, that this-maa. H2rg¢, was one of the persony who went, hone in company with him,

On the part of the prisoners, they have gone into a consi« derable le gth of evidence, which, as there were so many dif? ferent it: was’of course to be expected they should £6 into.” The ‘first evidence gone. into,’ was with respect to some of the prisonérs at the bar, to shew that this account, ay fay as it respects thein,’ myst be false or ‘incorrect, because they were not thereat the time. You observe, according td the evidence on the’ part of the Crown, that, on the evening When this'attack wds made, they were appointed to meet at ten at night, in Sir Geofge Armytage’s fields; that they Stayed ‘there some time, and’ afterwards nrarched up; and, according to’the given ‘by Mr. Cartwright a$to the time when it happened, if niust have been a quarter, or theres abouts, after twelve; when the attack on the mill began, be- ‘calige ‘he time’ when he went te bed ta’be'soon after ‘and says that in a quarter of an fiour the attack begait by thel¥ firing their pieces at the mill, and by khocking at the ‘windows. The evidence goes to prove that ‘three of these prisoners were elsewhere.” ns i. Fhe, frst. that. they begin; with, is James Brook. ‘For him is called a man.of the bame of ThamaFblls, who says _ ‘that: be-i9-a; wool-stapler, that be lives at Lockwood; that he “Baows the prisoner James Brook, who lived-with his father at Lockwood ; and. that on the §aturday when, Mr,Cartwrights . mill was attacked, he(Thumas Ellis) had stayed at Hudders- field till about nine o'clock in the evening; that efter that “he'had stopped at'Spring Gardens Coffee-house, jn his way ‘home to Lockwood, till, half past tens then went “towards home about ;a quarter ofa mile; shat.in going honre “he saw James Brook opposite his house, going the same way ‘that’ he (Ellis) was goiug, and that it was theh a quarter be- fore twelve ‘at niglit: So thathe would make it a quarter “Belford twelve at; night, that hée, ‘having spent'the as “lite’as past nine at Huddersfeld, and ‘afiorwwardg at’ Spring “Gardens; overtook Jamies’ Bréok neat “his ‘own house at i Lockwoud.

'

Page 178

“60 I © THE- KING AGAINST -

Mr. Lockwood. At is perfectly clear, from the distance and the

La Bianc’s Sarqming

time, that if James Brook was at Lockwood at a quarter before twelve that night, be could not have been at Mr. Cartwright’s mill, He says there were several other people on the road, at the time that he saw him. He is then asked as,to charac- tur; and he says he believes there is nota man in Lockwood,, nor al] round, bears a better character than all the Brooks do. There are two othes Brovks as well as James Breok, prisoners upon this uccasion. eo

' The next witness upon the same facts is George Armitage,

. who lives at Lockwood. He says that on that same evening

¢

_that she lived next deor tg Brovk; that she kaows F anny

he was at Huddersfield, and returned home at nearly twelve.

at night, and that he-saw the fast witness, Thomas

Filis, and afterwards went from Thomas Ellis’s in. conse-

. quence of something Thomas Ellis had said to him, to James

Brook’s father’s house, and that he there found James Brook the prisoner sitting by the fire, and that the father called to them while they were talking by the fire; that the next morn-- ing he heard what had been done at Rawfolds mill. Upon bie ¢ross-examination, he says that he is a blacksniith; that he was a witness upon the former case of George Mellor; that he saw the clock at the time he.was at Ellis’s, and that it was somewhere near five minutes after twelve; that he never was applied to upon this subject, to recollect the transaction, or to speak to it, till he was subpenaed. ‘The same enquiry has been made of several of the witnesses, who speak to a parti-

- cular hour on that night, when they saw particular persons.

And they all of them state, that the next day they heard what had happened at Cartwright’s mill; but still the next day there was no charge made against any of these prisoners, as having been engaged in any thing at Cartwright’s mill, and therefore they were not asked at the time, whether they recollected this or that man being at home. It does not appear that any of them, except Haigh, were charged with this offence till long afterwards; and itis an observation made with regard to the accuracy with which they speak to having seen particular persons on that evening, that they may have been in the habit of séefig them other evenings. —= -

Hannah Tweddle is then called, for the purpose of taking off the effect of (what had not perhaps a great deal) the evia dence of the last witness called on the part of the prosecution. I Fanny Milnes, who spoke to having heard a declamation made by Juimes Brook; who lived next door to her, where she first'saw . by his action that he was telling a dismal story, and afterwards heard him say that if: was one of the dismallest dins he ever had heard in his life. Hannah Tweddleis called to prove some ill will on the part of Fanny, Milnes towards Brook. She says

ilneg;

Page 179

HAIGH, AND OTHERS. 161 Milnes ; that she her suy one day, that she was deter- tnined to see some of the Brovks distressed before they caine

‘from’ this place, and that she hoped to doit. She was falling

out at that timé with a young man at ber door, and in the course ‘of the altercation with this young man, she made use of these expressions. She says that this might be a few weeks back, ‘and that she said, some’ of them must hanged before they ‘left this place. That merely applies to the question, what reliance may be fairly placed upun the account Fanny Milnes has given.

The next’ witnesses they called were with respect to the

prisoner Brovk,.in order to shew that he could not have

Mr. J ysticg Le Blane’§ Suaming

upe

been ‘at the «mill that night. John Ellis, .a cloth-dresser

Lockwood, says that he is acquainted .with T’4omas Brook, ‘that he- worked for Brook, that he did so op the day of the

attack on Rawfoldé mill ; that they were very basy at work

on the evening of that day, end that he and Thomas Elaw and Jonathan Vickerman were working together; that Thomas Br ook did not work at the shear-board where they were work- ing ; that’ he saw Thomas Brook come in that evening, that they had worked till he came to them to ask them whether they knew what time in the evening it was they were working

to, and that be told them it was near twelve o'clock; that .

upon that they. immediately laid away, and went jute the

. house, and drew their wages; that there was no scarcity of ©

-work; that he cannot remember the names of the persons

coming in during the time they were at work, but that they”

were at work till near twelve that night; that they all received -their wages, namely, Elam, Vickerman, and himself, .from Thomas Brovk that night, soon after twelve after he had called them from their work, asking them, if they knew bow late it was, and that he ghve each of them a pound note. ‘Then he is asked, what passed when this money was paid; in what particular part of the room it was paid, and at what table ; . and describes particularly that it was onthe burling table, that ~ stands near the door us you go in on the left-hand side, and

that Brook put a pound note into each man’s hand at the-time

they heard. the clock strike twelve. At first he said the children were in the room, and then that he did not see the children ; that one of'them, which he says was badly, was on the wife’s lap, aud the uthers were in bed; that after he had so received this money, they wentva little way together, that they and he then turned diferent ways. He is asked whether he could remember the time when first his master was _ up. He says he cannot. He says too, that they were work- apg upon plain cloth, finishing it; he cannot specify the colour, He.is asked this, which is material, whether Elain and Vieckerman are here, and he says they are both here: but they _ ate mot called, Now, to be aure, when he speaks to a trang- You. action

Page 180

3162 THE KING AGAINST Mr. Justice action of this sort, proving Fhomas Brook in his house, and Te Blanc’s refers himself ¢or confirmation to two other workmen, who Sutuming must have seen every thing that he saw, and ‘who, if in we speaking to these particulagg. he has spoken truth, would agree with him jn these particulars; it is obvious to remark, that ‘anless it is pretty well known that they would dot speak to those particulars, there appears no reason why they should not be called. . I The next witness. is as to John Walker. Rickard Lee is ‘ealled to prove him elsewhere; he says that he knows John of Longroyd very well, that he has lived with hina Nearly six years at bed and board at his house ; that on this . Saturday night of the attack on the mill, he himself was at ‘home at Joha [Valker’s house; that he went home there at _eight or mine in the eyening, and stayed at home the whole of the night after; that Walker was not at home when first the - ‘witness went. home, but that he came in between ten and eleven -oclock ; that after he came is, he went out for .a little time .with Joseph Walker, to fetch 6wo barrows of coals from Hannah Blakey’s, and that at eleven oclock, or soon afterwards, Johz Walker shaved Joseph Walker, and then Joseph Walker wert .to his own home, and he saw no more of him, He says that John Walker slept in the house thit night; that the witness slept.in the room over him; that John Walker always slept in the room below with his wife, and that he is sure he did not ‘go out after that time, for that he heard him in bed. It his ‘account was a true one, it is not material to enquire whether went out afterwards, fof it !s impossible he should have beer -at Rawiolds atter that pericd: the question is, wheiher his account Is @ true one. ile Says that aiter 11 o'clock he shaved this Walker, and that atterwards Josepa went away, and the prisoner Join went to bed with his wite, and he up stairs; that Joseph Walker had been waiting for Walker's coming in; that Joseph Walker had come in at ten, and had stayed till Johe Walker came in, and that nobudy’ but ‘he and Joseph Walker came in; that as soon as Joén Walker ‘came in, his wife told him they wanted coals, and that John Walker asked Joseph to go and help him fetch them, and that they went, end nothing was said about money to - pay for them. Hle also says, that he never heard of Joh Waiker being taken up, till October. I

Fhen Joseph Walker is called. He is the brother-in-law of Fotm Walker, having married the wife’s sister. He says that he ‘ was at the house on the night of the attack on Cart- ‘wright’s mill; that he went: there, to be shaved, about ter ‘o'cluck ; and that when be arrived, John Walker was at home. ‘The other witness, Lee, had said that Joseph Walker had come in, and wajted with him,.and with Fokn Walker's wile, tll JoAn 7 a came

oe

Page 181

HAIGH, AND GTHERS. 16g. came. home.’ Joseph Walker says, that he himself went to Mr. Justice - Fokn Walker’s house, to beshaved, about ten o'clock, aud that Blane’s when he got there, Tohn Walker was at home; that he asked him to assist him in getting a few coals; that they fetched ~ two barrows fram Hannah Blakey’s; that after they had fetched them, the prisoner shaved him, and that tben he left his house at twenty minutes before twelve, and went back to Huddersfield ; that he heard the town clock strike just before he got home, just . as he entered the town ; that Lee, the last witness, was in the‘ _ house when he came in, Ie is particularly asked, how Fahn Walker was engaged when the went in; and he says Fuhkn Walker was sitting in his chair, boning his razors at the time. he went in, at ten o’clock at night. To be sure, he differs ma-- terlally in his recollection from Lee, for Lee says that Joscph- Walker had come in and had waited for Fukn coming ° in, for that Fekn Walker was aot at home ; whereas, according. to Joseph Walker’s account, he found Jolin Walker sitting in 9 chair, honing or whetting his razors, when he got in, Ifannah Blakey, the next witness, says that she deals in, coals ; that she knows Walker; that she remembers the- affair at Rawfolds; that on that evening the prisoner came’ about eleven in the evening; that she knows it was the night. Mr. Cartwright’s mill was attacked, because they came so late, from having heard early the next morning what ‘had happened, Why she should know it from having heard the next morning what. had happened, unless this prisoner was connected with what had . happened, one does not know ; for there was no charge against this man at that time, as having been ut the attack on the mill.. She says he did not pay for the coals, and she put them down upon: aslate; that she has always kept it iu her recollection that it was this night. She was asketi, what was the other time before that time, that the prisoner had been supplied with coals; and - she says, be might be supplied every week, but it depended npon the season or the time of the year, but she cannot recole - lect any other time that he had been supplied, having kept no other night in her recollection but this particular night, which she kept in consequence of having heard of the attack on Cart- wright’s mill the next morning. : That is all the evidence gaven by the witnesses for the for the of shewing, that the account of the witnesses for the prosecution could not be true, because they I were either af home or anywhere else; and it is applicable to Fames Brook, Thomas Brook, and Fohn Watker, en They then ¢all a number of witnesses as to the character of ‘the different prisoners. - - _ . They eail first, as to: the ‘character.of James Haigh, the man who had the wound! in the:.shoulder, Mr. Mills a cloth- aresser, who- speaks to his‘having ‘been apprentice with him, and that be bas known ‘him. ever-since, and he hag always @ajntained a godd character. x¥:2.. . Joskhuy

Page 182

Mr. Le Blanc’s

Buuming MP

164, ‘THE KING AGAINST . - Joshua Wood, a cloth manufactnrer, states,- that he hag known him a good while, and he has maintained a good eha-. racter. As to Thomas Brook, he speaks te his character being’ good. As to Fonathan Dean, they have called Joseph Brook, wha states, that he has known him four years and upwards, that he has worked with him, that he i is a cloth- finisher, and tha . his general character, since be has kuown him, I has been, a very good one. James Garside says, that he is a cloth-dresser ; that he has known the prisoner Dean six, or seven years, ‘and that his character at Longroyd I Bridge, and in that neighbourhood,

bas been that of i an honest industrious man,

Joshua Priestley has known Dean a dozen years, and: during that time his general character has been that of a aceable industrious man.

Joseph Riley, has known Dean ever since he was a boy, and his general character has been very good. Then he speaks of a circumstance, which seems to have nothing to do with this case; that when he was a little boy he had’ met with a wound in his head from ‘the unkindness of his step- father, and that he had fits. But it cannot be pursued so as to shew that he was not ina situation to know what, he did, and fo discerti right from.wrong, and therefore it appears to have’ nothing to do with the present enquiry.

Richard Beaumont says, that he is q clothier; that he knows the prisoner Ogden, who has worked for him two years, last July; that he has known him five years, and that he always maintained an honest, industrious and peaceable, character.

Abel Armitage, who i is a clothier, says, I that he ‘has known: ‘Ogden five or six years, that be was -always:a very steady: Rard-working. man, that he seemed very industrious, and that Pe has a wife and two children:

William Haigh speaks as to all the Brooks. He says he hae known the three Brooks from their youth, and that they have Borne a good honest character ; ‘that they aré as honest people as any: in the neighbourhood. James Garside also says, that he Knows the three Brooks very well, and has known them seven or eight years, and that during th at time, they have borne I a very good chayacter as onest ipuystrious men. Jpsbya Wood states, ‘thats be hag. known Thomas: ‘Break for many years, ‘and he gives hima, goedichuractet. I As‘ to’ ‘Fon Walker, William: Haigh states, thine Ae’ has known him for some yetrs batk, and that his ‘general character

aa Ld '

Page 183

HAIGH, AND OTHERS. == Bg bas heen that of a laborious honest man, for aby thing he kaows. : , Then as to the last prisoner, Hirst, there are two witnesses, one of the name of Holdfield, and one of the name pf ; they have known him, one of them ten or twelve years, and the other during the whole of his life; and they speak of his having borne a good character during the whole of his life.

. This is the evidence which has heen giyeg as to character.

_And witb respect to the effect of character, the proper and the only proper influence it.can haye in enquiries into the truth or

falsehood of a charge brqught against is that if the. air and reasonable doubt wher

evidence leaves it a matter o ther a party is guilty or not, in consmon cases, if you prove that @ prisoner up to that time has always maintaiped. a good character, it will apply and balance in his favour ; but if the. evidence of guilt is. satisfactory to the minds of a. evidence of previous good character cannot and ought not to ‘have any avail. I . . The question in the present case will be, how far you are satisfied that the evidence which has been laid before you upom the part of the prosecution, has made out that, which they are bound fer the prosecution to make out, that these several. prisoners at the bur, or any of them, have been.guilty of that crime which is laid to their charge; namely, to demolish or pull down this mill of Mr. Cartwright’s at the tame stated in the indictment: I stated to -you in the outset,

: Juatios” paises Summumg ‘ UP»

aff,

how far all were implicated, -who joined in that riotous meet-.

ing with that intent; and the question is, whether the prisoners at the bar are satisfactorily proved to have heen of that num- ber. To prove that they were''so, there is: the evidence of three persons standing in the situation of accomplices, stand+

ing therefore in the situation of persons, whose evidence you .

will receive with caution, with a degree of scrupulousness, and whom you will expect to be confirmed by persons, whose testimony is less suspicious; before you give eredit to tbe account they.lay before you. You will judge. how fur they have or have not been supported by the other witnesses who bave been called. It ig ndt necessary, that in the whole of the account they: give, they should be supported by .other testi- mony; bot if you find, from the support they receive from other

witnesses, that they are telling truth in some particulars, you

will of course be justified in believing thiat they. are telling you truth in the whole of their narration. On the contrary, if you find that they ure speaking falsely in some particulars, you will - then distrest their testimony in the whole. Now the present case certainly does not rest opon the testimony of one, ner jndeed of all taken together, but the facts which they have spoken tp are in many instances, which I have detailed to.you, ‘ and

Page 184

mp.

6 THE “RING. ‘AGAINST.

. Jesticg and which I-have observed..upom: as I went plong, supported - Blanc’s and confirmed by different persons unconnected with them,

.

- and who have been drawn from different parts and different

plaves. ~In addition to that, you have some circumstances ap- plicable to some particular prisoners, which do not depend at:

a}l upon that sort of testimony, I mean particularly the situation

of the prisoner Haigh the very next day, applying to have @ wound in his shoulder dressed, and the way in which he was earried about till the time of’ his apprehension. With respect td the circumstance uf the hat being found in the mill-stream, it js not proved whose hat it was by'any of the people whe found it ; but it appears, not only-by the testimony of thre ace complice; who said he went home with Thomas Brook, that- he was wet, and was without a hat, but also from the testimony of Nayhor, that that ‘sante night several people called and- bor-- rowed a bat, which ‘hat-was afterwards retarned. -You will put all: these : ‘circumstances togetler;*and after the ‘attention you have paid to this case, rt will befor youto say, whether . not you are satisfied that these prisoners were of that party: who began. to demolish this mill; and if you-are satisfied that fixes this erime upon any of the prisoners, as with

‘Tespect to such against whom you think it defective, you will

aequit them ; as-to the others, you will convict them; and if you think -it:does not .apply to any of: them, you will acquit

them all.. Hi tou fmd the account of the accomplices con-

fermed as to all, which is more indeed than. can be expected, they. must all. bear the fate of the same -verdict. You will: sonsider the case, and -ferm any diserimination which in your Jodgment you think the case deserves. .

. The Jury. at. six o'clock, apd returned at seven,

finding = Ja ames Haigh - - - = Guilty. ’ Jonathan Dean - - - - Guilty. _Johe Ogdepn ~ - - - + Guilty. : James Brook - - - - = Not Guilty, I John Brook’ - -.- ~ - Not Guilty, Thomas Brook -.- - + "Guilty. John Walker '- - - - -'' Guilty. John Hirst . - +--+ Not Guilty.

Page 185

JOSEPH BROOK,” 167

Monday, yyth January 3813.

prisoner was ‘arraigned, ‘and’ Tue Kine I pleaded Not Guilty, to an Indictment < against ‘for: Burglary, at the house of Benjamin” ( Foseph Brook. ‘Strickland, at Kirk Heaton, on the 4th of October.

Phe Indictment was opened by Mr. Riokardsin.

_ Mr. Park.—May it please your Lordships; Gentlemen of the indictment is far an offence, which, anfortunately, 4s not an ‘unfrequént subject of trial at the ordinary Assizes ; _ I mean the crime of Burglary. But it is in this instance one of those crimes which has been committed with similar cir- ‘cumstances of outrage and violence, as some you have heard during the present Session... The 4th af October was the day ‘on which this robbery was: committed. The nominal pra- -secutor, Benjamin Strickland, is a farmer at Kirk Heaton.in this county. The prisoner is a tailor living at Raistrick,..also in this county, about four.miles from Strickland, _It’ does nat appear that he had any knowledge of the prosecutor long be- fore ; but there is a fact which may prebably account for this ‘Outrage at the house of Striekland, that a few days previous, a -nephew of Strickland’s, of the name of William Armitage, met the prisoner and a person of the name of Holmes. This Hulmes Was an acquaintance of Armitage’s.and of Strickkind’s; und ‘in the presence of Brook he satd to Armitage, “ llave you ‘begun for yourself yet?” ‘“ Yes,” says he, “ I have.” “Why then your uncle Strickland must give you some-money.” -'The , young man replied, “ I do not believe my uncle has any to spare.” ‘* Oh,” says Holmes, “ he has plenty to spare, if ke will only bring it out.” ‘lhe prisoner was present at that conversation, and made some foolish enquiries about nutting ia @ wood, and so on, to turn it off; and there they parted.

On the fourth of October three persons attacked this house ; admittance was demanded with a very loud voice: Strickland got up, and asked what was wanted. Some person without called, “« Where is Enoch?” What that term exactly means I cannot state to you; but I understand that one of those, large blacksmith’s hammers or malls, which some of you saw “on Saturday, bears among the Luddites the name of Eroch. The man who cafried it, began beating at the door, 1 pon which Strickland epened it, and a tall man in a'top coat, an- I swering the description of the prisoner, said, ‘* We are come fur your gun.” Strickland said he had not any, for that it , was in the puard-room. ‘ Then,” said the robber, “* We must bave your money.” Strickland said, “ ¥ tannot find it without . . a ig t;”

Page 186

t

M$. THE. KING AGAINST

a light ;” and he endeavoured to strikea light. who had entered,’ said, ‘‘ We are te have a fight soon, and will endeavour to let you have your money, .after it 1s over.” Great imprecations were used to make the old man give up his money. He said,: “ I really canpot find it without a light ;” and he dropped the key of his desk, which was picked up by soine of the rebkers. After sume time he was taken into the room, where this desk was,.and some person stood over him, and insisted on his finding the money; and for ‘that purpdse gave him back the key of the desk.’ I¢ will appear that two men were standing over him at this time, but we have found — only ‘the prisuner’ on whom suspicion fell. They took out ‘thirty or forty shillings, and then they asked him {dr his gofd. ‘He said he had none. They asked him for his watch, and took his silver watch away from hin. I

- .. While this was passing, Ann Armitage, the niece of the ‘presecutor, and the sister of William Armitage, who was -eleeping in the house-part, with a view to give an alarm, ealled out “ Jem ;” upon which one of the robbers, who was in the same room, in order to intimidate her, struck bis sword against the stonés, which produced a very vivid flash of light, by which she ‘immediately.saw the face of the man. The pro- secutor, I believe, cannot speak at all to the. person of Brook ; but this young woman I shall call before you, and she wilt swear positively to all the circumstances: I bave mentioned; besides which, she will swear that the person she saw strike tliat light was the prisoner Brook, speaking. both from what . she saw of his face, and from his voice, which she attended tor particularly. before the Magistrate. And, Gentlemen,.1 have another piece: of evidence, which will appear, I think, to yau and to their Lordships, very material. 1 shall call before you ‘a person of the name of John Naylor, a waggoner, who wilt - state that on Monday the fifth of October (this robbery being on the night between the fourth and fifth) as he was going to Kark-Heaton Woods, with his waggon, he met betweqir Lane Bar and Coln Bridge, two men running. Now . _the prosecutor and his niece will speak to hearing several other voices, though they could discern the features of only onte. person, and will tell you that during the time the men were in the house, a voice, which is supposed to have been that of Brook, called out, ‘ Js the guard at the door?” and an answer was made from without, that there was a guard there. This will tell you, that first of all he saw two men runh- ning, and that they crossed over the road, as they came near him, so as to interpose the waggon between them and him, . It was then becoming dayficht, so that he cduld see thera, bat -he.did nos speak to them. He bad not proceeded two hundréd yards, when. he met the priegner Brook, in @ dark-coloured “oP

Page 187

°°. JOSEPH BRGOK. * soat. He will fix him therefore to have.been ‘upon that road atthetime. Brook-was running along the roud, as if to overtake men that had gone before;and when he saw the witness with his waggon, he halted ‘aud wukked past. -The witness said, Good morrow-to you, master.” Brovk made no reply, but. ‘turned his face from him, aad ‘bung down his head; and having - avalked past the waggoner, he set off runmpg. again towards Raistrick, which wasin the opposite direction to Kirk-dleaton. ‘Naylor, J understand, wii swear that he has no doubt of Brook ‘being the man. This is the sort of evidence I have to lay before you. It wll be for you, under their Lordships’ direction, to weigh the evidence. - What will be the defence, I do not know. I suppose it will be a good deal like the sort of evidenne we have’ had in other cases ; but you will thave -to appreciate the weight that is due to that also. :

The Evidence for the Crown was then given, and the Prisoner entered into Evidence, the whale of which was fully, atated by I os

Mr. Baron T110Mmson.

Gentlemen of the Jury, _ THIS indictment charges the prisoner at the bar, Mr. Baton ‘Brook, with breaking and entering -the dwelling-house af Thomson's Benjamin Strickland, in the night-time, between the hours gf aie ‘two and three, on the 4th of October, und stealing a watch and ©" several pieces of money, the property.of Strickland ; and also stealing there a pocket-book, and other money tw tue amount of- about fifteen shillings,.the property of Ana Armitage his niece, . who lived withhim. oo. Benjamia Strickland has givea this account of. the matter, that he is a farmer and clothier at Kirk-Leaton, that his family consisted of himself, his niece Ann Arniitage, and an apprentice - Jad of about the age of sixteen ; that upon the night of this 4th - of October they went to bed between ten and eleven, and that in the night he was awakened by-the voices of a number. of people on the outside of the door, and the cry of “ Open the door, open the door;”—he said, * Who is there? What do you want?” he thinks this was between two anil three o'clock in the moriing ; it was the dark of the moon ; it was star-light. That he then heard the cry, “ Come, come, open the door, apen the door ;” and there appeared by the noise to be a number at the ‘door; that he asked if it was some soldiers that wanted quar- _ ters (for it appears that soldiexs were about.that time quartered in private houses); it was answered, “ Come, come, oven the . goor;” that he got up and wept to the door, and after he had pot.to the door he wanted them to give some of them- and said, “ You ought to give gome- account -of your- me. ZL Selves,

4

Page 188

Mr. Baron ‘Jhomoon's

up.

190 THE KING AGAINST

selves, before I open the door ;” that one of them then called

vut * Enoch,” and they struck a very heavy blow at the dout, and by the stroke it appeared to him to havebeen done with an iron bomumer, and the mark upon the duor confirmed him in

that opinion. He says he had heard of the term

betore, and (as be expressed himself) in the present day he

understands it to mean a hammer; it 1s. a new term fora

hammer. Tle then opened the door, tor fear they should break

it to pieces; and upun its being opencd, there entered a large _

Iman, a stouter manu than himself, with a top coat on, who said, * We arecome for your gun.” ‘Pwo other men entered as he said this. “The wituess told them he had not a gun. ‘The other said, they must see. ‘Lhe witness said, * Ll assure you I have not a gun, ny gun is at the guard-house ;” which he says wus the case, for tout it had been deliyered up to the soldiers, The mau said, * Weil, then we must have your money.” ‘The witness told him that he bad not much money by him, and that

had he could not. find without a light. ‘Then one of -

them said ‘© We are going to have a ficht, you shall have it avain when the batule 1s over.” Hosays be began to rake u

the fire, to see if he could get a light, but the tire would not

; and one of the “ \W ny don’ t you raise alight?”

_ Or something to that cilect. Tle said he could not raise a

light, but he gave them leave to do it, and one of them tried, but. could not Succeed; and they said, find us your keys.” He went to find the keys in his breeches pocket, he went into the bed-reom, and was follow ed by two of them from the house-p..:t; when he got hold of his breeches the key dropped upon the flour, and one of them took it up. While he was going for the key, the stout man out, “ Is the house

properly guarded ?” ‘He did not hear any answer. The same man

called out, “ N° 43 come in and plunder the house.” The key was returned to him,and he then telt something like fire-arms at his breast, but not pointed at him ; and the man said, “ Open your desk, and find the money. ” Upon this he opened the desk, which was near his bed, ond two persons were in the room with him, and stood beside him. He took nothing himself out. of the desk, but the took out something, ‘The witness ‘told them, the money he had was ina little drawer in his-desk, and they would find it there ; and he says there was in that drawer soinewhere under a pound in silver’ ‘and copper. Ann Armitage had money in un outer drawer in that desk, and he saw them take thut out. After they had taken the money out of the outer drawer, cne of them said, “ Damn you, where is your gould?” He siuld, “T have po gold.” They “We know you have.” Ife cannot tell which of them said that, but it was one of the two that came in after the first man entered the. house.

I The stot t-man at this time was walking about the house-part,

The twe men said, “ if you. da pat find your gold, you are @ 30 dead

Page 189

JOSEPH BROOK: “ 1%4 dead man ;” and there was something of fite-arms, which he warded off with his bands. At that time his niece called out witb a loud voice “ Jem,” which was the name of the appren- tice’ boy. His mece slept in the house-part in which the big man was walkfng about. -A light was struck there; which’ appeared to be struck with a <word upon the floor, He saw it shine. This was done when the niece called Jem. ‘The mun said, * We will have no Jem here,” and he called to the Jad

Mr. Parson Then son's Sunming

up.

Jem not to come down? They cortinued threatening him for I

gold, atid said “ Damn you, where is your he said, “MY watch is here.” It was hung by the side of the clock-face, and he took it down and delivered itup. After this, the big man called out a second time, “ Is the house-part properly guarded?” .Vhey remained a short time after. he light which he saw was a flash from the striking of the floor, and he saw that flash at two different times. So that you see al] the account he gives of this transaction is, his being obliged to open the door in consequence of the attack that was made upon the house; the men coming in, and proceeding to the plunder of that house, in the way which is described; the observing the flash of light twice, as if from some striking of the floor in the house-part, not where the witness was, but where the stout - man was. You observe he does not attempt himself to speak either positively, or to his belief, as to --ho those persons vere who so robbed his louse; but he proves that the prisoner lived at Raistrick. I

Ann Armitage has told you that she is a niece of Strickland ; and on the night of the 4th of October, . between two and three _in-the morning, she was -in bed in the house-part; that she heard a number of men at the door, who knocked at the door, and called out to open it; that her uncle got’ up, and opened the door, and three men came in; that she saw them in the house-part where she slept; that her uncle was jn the house- part, and the men first demanded his gun, and he said he bud none, for that his gun was at the guard-house; that ‘then the men said they must have his money, and her uncle answered that he had not much ; but they demanded what he had, and they went into the room where the uncle slept, first all three of them, afterwards one of them camé back into the house- part where she was; that the house was dark, and he came to hér bed-feet; that before lié came, she called out ‘‘ Jem,” and the man came to her bed-feet, and struck a light, which she describes to have been done by striking upon the stone floor with eomething like a sword, probably to intimidate her, and it prochced a flash; that it gaye a light, by which she could see his face. It must have been ‘but a very short period, in which

she had an apportunity of seeing his face, for it could be only ~

fiom,the transient opporttihity afforded’ herby a flash being Ze struck

~

Page 190

Mr. Reron.

Thomson's Suminiug Up. ©

, « . Zz .

172. THE KING. AGAINST

struck tport the fluor; the hight which was so occasioned must.

have been momentary. She says that this flash was near his

face; that bis forehead and his cheeks were blacked over, in-

streaks, but yet she says she saw what kind of face he and what kind of adress, and she describes hitn as having a

great dark-coloured top coat on, and a dark-coloured ehief, and that she could see be was a big man when he strucle -

the light. She says too, that he swore, when she calfed Jem,

that if Jem came he would blow hig brains out. Heigtruck a. .

light only once at her’ bed-feet ;-le struck it another time, but that was a good way off in the same room, and she did not‘see that flash as fair as she did the other one, and she did not ther sce his person or features; so that the only opportunity she had of seeing either his person, or his dress, or His countenanee,,

was from that single fash given while he was at her bed-feet, at which time xhe undertakes to say, she saw enough of his face,-

though blacked upon the forehead and the, cheeks, to know him:

_ again. She says also, that. during the time he was in the

house she heard him s#euk many times ; but she say that it was a voice she was at all acquainted with before that time. ‘Then she mentions that money of hers. was taken thal same night, and she describes it to have been, as the uncle had

dpue, in q drawer in the room where, the wacle slept; she head: there in silver and copyer, 15 shillings, the silver. was all in shillings; she had gs. Gd. in copper, aud. 143, 6d. in whieh silver was insa pocket book. She then says that the

person, whom she had seen by the flush, she saw again before My. Radclifle the Magistrate, w week piece after thia; and that she believed hiny te be the same person that she bad seem

that night, aud the. prisoner is the person whom she saw before .

the Magistrate. She believed him then to be the samme persuny:

and she belteves it now, but further than that, she doas not carry’ : her evidence. She says that she heard him speak that night

several times, and she heard him speak before the

several Gimes, and that by his voice, and also judging t from his: appearance, she believes him to have been the same person. -.

On her eross-exaiination. she what you may sup-- pose'to have case, that she was very much frightened wll this time; and she states that she had never (that she knows. af) seen that person before.

They then culted John Naylor, who is wafgoner Mr. Clerk, of North Owram. Fle states, that he was

with his master’s waggon on the morning of Monday the tifth - _of October {and he fixes it to be the fifth of October by saying, that he heard that day of Strickland’s, robbery) fer I bark’ into Heaton Hall Wood, which is. in’ Kirk-Heaton ; and: , about four in the mor ning he met some persons. He met two of them just at the. bottom of Bradley Lane, near . Cc

] 4

Tee

Page 191

— » JOSEPH BROOK. Cola Bridge ; they were coming in a direction towdrds him, Mr. Brow from Kirk-Heaton, but that road- leads to more places tham Thomson's Kirk-Heaton ; they were running, they did not come up to him, . but crossed the road, and went. on the other side of hi kt was a starlight morning, and the day was just breaking,: and he says there was light enough for him to see the men. _ He afterwards met another person, about two huadred yards: farther on, eoming in a direction as from Kirk-Heaton; he: was.also running, he hada dark~coloured great coat on; he was a stout clever fellow (as he expresses it). Ile says that _ hedid net at that time know the man. The man stopped w little before he came to the witness, and walked past him, ‘Lhe witness spoke toi him, aud said, “ Good morming to you, master ;” he made no aftswer, but turned his head quite frou him, and set off running. The three men were going ina direction which would lead towards Raistrick. He afterwards. _faw the prisoner before Mr. Radcliffe, but he says he will not. ‘swear that the prisoner is the man whom he so met running, in this direction. The road he met him upon goes to many places. A question was put to him, how he came to kuow : the time. of morning, that it was four o'clock, as he had mentioned; andhe says, that he had asked at the toll-bar, a short time-before he met the men, and he learnt that it was four’ oclock. Whether they had a clock at the turnpike-house does tiet appear, but he speaks to the time only from. the informatiow. he recetved at the toll-bar, I

‘William Armitage is called, who is nephew to Strickland, and lives about half a mile from his uncle’s. He-says that he remembers the time that his uncle was robbed; that the Sunday night before the robbery he overtook one, Holmes, I as he was going tv church in the afternuon; that had a person with him, w'som he did not know at that time, but that he took sufficieat of him to know thet person. avain, and that the prisoner is the man who was: so- with Holmes. Holmes ‘lives at Raistrick, about fou- I miles from Kirk-Heaton.. He had a conversation with Tolmes, in-the prisoner's presence, for nesr a quarter of an hour. Holmes asked him where he lived, and the witness told him he lived -with his sister; Holmes asked bim-how it liked’ that not live with his uncle; the witness told him be . not know, atid Holmes: tuld nim his uncle should pive him © same money, now he was out of his apprenticeship ; the told ee he thought he had little erioughfor Himself at” - present }.'Holme§ said he had'plenty, but he woutd not “bring it ‘

.. # and He says the prisoner must heard; ‘that is I

hit cdnchtsion! ‘ Brook asked the witness whether-there were_ arty. nuts in thdse woods (they being betwéen woods, about a y mile from -his and Whether there’was . I any

Page 192

Mr. Baron I Thomson's

np.

174 THE KING AGAINST auy watch kept over the woods; the witness said there was 3 Brook asked where the watch lived ; the witness told -him they lived in Kirk-Heaton ; he observed it would be easy to rob the

' woods (that is of nuts) if the watch lived so far off; the pri-:

soner (as he swears it was) then-asked him, whether he knew the road to Bill Jubb’s, who keeps a public-house about a mile from his uncle’s house ; the witness shewed him the road to it, and then left him with Holmes. ‘That is the whole of his evidence. He says on cross examination that le was wath his sister at a public house in Huddersfield, before they went to Mr. Radcliffe’s- about this charge; that the prisoner came in after them; that he knew him to be the same man whom he had met- in - company witb Holmes the Sunday week before, and never had any doubt that the prisoner was the md@h.

The Prisoner's defence is, that he wever was at Stricklind’s, and never saw the people in hs life. He has called three_ witnesses in his defence, by way of convincing ‘you that he’ could not be either of those persons ‘who so entered the pro- secutor’s house, and eonimitted the robbery which he has stated. - : . In the first place, John Kaye has stated that he is an engi- neer at Littletown; that in October he lived at Thornhill Bridge, which js about two miles from Raistrick; that on Sunday night the 4th oi October he went to the prisoner’s house exactly at twelve o'clock; that he went courting to the I priscner’s daughter Hannah; that she let him in, and that he stayed there till between five in the norning ; that the prisoner slept in a parlour adjoining to the hoitse-part; that, upon the’ door being opened by the daughter, Joseph Bronk I cried “ Is n't it time to go to bed?” that no answer was made him, but the daughter and he went to the hearth-stone by the fire; that afterwards the child, which was in bed with the father, set up a scream; he dvcs not know what was the matter with the child; that the prisoner got up, and came out into the house-part, and brought out a candle with him, which he lighted at the fire, and looked at the clock, -and said, “ It is time tor bed, it is between two and three o’clock ;” that he-put the candle upon the floor, and took his hat off the nail, and put it upon hts head, and went out of doors; that in about @ quarter of an heur lie came in again,‘and brought with him Jonathan Barber; that the priso.:er took up the candle off the table, and. went with Barber into the parlour; that having

- stopped a quarter of an hour, as nearly as he can tell, Barber

Jeft Joseph Broak in the bed-room, and went ‘home, and the witness remained in the housc-puart till between five and six o'clock in-the morning. On cross examination he seys thag, it was twelve when he went in, that the ¢lock was m the niche by the fire-side, and he looked at it, and heard it when . ®.

=

Page 193

JOSEPH BROOK. - - 175

he was at the door $ he had gone to Brook’ once a week for Mr. Baron a year and a half, so that it seems this courtship had been Thomeun's - of a considernble continuance : whether Hannah was out of bed Summing - when he knocked, he’ cannot tell; he never asked her, whe- "P ther she got up to let him in; but he was at the door about four minutes, and when she opened the door, she was dressed; be dares to say she expected him, as it was the appointed night, but he had not fixed any hour ; it was at Brook’s house he made the xppointment with her the Sunday night: before; when’ he got there, there was no candle, and when the prisoner came out, he lighted. the candle. by the fire-side ; he does not know whether Brook knew that he courted his daughter ; afterwards he explains this by saying. that Brook knew he was a sweetheart of hers : and it is impossible he sHould suppose otherwise, if he was in the habit of coming fora year and .a half before, and at all times, as it seems. ‘The heartlstone was about five yards from the parlour, where Joseph Brook’s bed was, and he men- tions the door being oper between the parlour and the house- part, where he and the daughter were. lic repeats, that when the prisoner came out of the parlour, be looked at the clock with the candle, and said “ Is n’t it time to go to bed? it is between tivo and three o’clock” ; and he says that was all that passed. He (the witness) went away between five and six in the morning, and Hannah Brook shut the door after

They then call Jonathan Barber, who states that he lives very near the prisoner; that he sometimes helps his neighbours with a few herbs when they are out of health; that one night Jast October Joseph Brook called him up in consequense of the child being taken ill; that it was Monday morning, the 5th of October; that he went with him to his house; he saw, when he came ‘there, a young man in the house-part, sitting up with the daughter; he went through into the parlour with Joseph Brook, and talked to his Tittle girl; she could scarcely speak to him ; ; the disorder she had was called the croup ; he gave her that had before done her good; in a quarter of an hour he came away, and left the prisoner in bed with his wife and two children; he came through the house-part again, and saw the same young man and woman there as when he went in; 3 he left the house, and went home, and left the young man and woman in the house-part. He says that he: has known-the prisoner ever since he was achild; that’ he is a hard-working labouring man for his fainily; that he is a distant relation of his; that he (the witness) is often called up in.the night; that he made some memorandum which is not here; that he generally makes a memorandum as to the time he is called; that he looked at. Brouk’s cluck when he went in, and it was ewactly half-pest twa; that the prisoner lives twenty yards from him 5 this he was~in a great

huj r } There

-

Page 194

Mr. "‘thomson’s

Stauming . ap

396 THE KING AGAINST » There were a great number of questions put to’ him by:.tled Counsel for the Prosecution, to all of which he answered in: the affirmative; that be went directly; that the child was very bad; that he pat some water at the fire te make tea. This is not what he said of himself originally, nor was: it any part of the detail of the transaction; but he seemed to be inclined: ta- guswer in the affirmative every question put to him; which

questions were put by way of trying bis veracity, and to cone

trast his evidence with: that which was giwen by the other . witnesses. He says be vot some water at the fire to make the tea, which he gave the child; that Hannah Brook got the water boiled; he does not think it was more than ten minutes iu boiling. He is asked whether the young man did not afford sonie help to make this. tea or mend the fire; he says, yea, the young man patted the fire a bit, and made it ‘burn under the kettle; then he says he brought the ehild from the bed te the fire, and had it an his knee; he speaks of hasing made the

_ tea in amess-pot that was upon the table just behind, he pus

ihe ingredients in, and poured water upon them, and he had syrup of poppy. Being asked this, like all the other, whether he had syrup of poppy, and whether he did not cool the tea with it, be sail yes. Le says: the child was in the houses part, by the fire, and that sometimes bad the child, and sometimes he had it; it did not cry much: he ts asked whether the ehild made wry faces, and he says yes it did, and Hanaah compdsed it, and he carried it to her father and mother in the bed-room ; he just looked in at the parlour door, and saw them therein bed. Certainly the young man, the sweatheart of the daughter, had given no account at all of thishaving passed, IIe had stated, that he was not present in the room where

‘Yerber went with the father. He represented that Barber

went into the room, and doctored the child, and came out agaih, in effect. contradicting all these transactions passing there, which this old man statcd in consequence of questions put by the Counsel for the Prosecution, giving answers in the very terms in which the questions were all put, which formed no part of bis original examination, He -is asked as to the distance from Colu Bridge to Raistrick, and he says, Coln Bridge he thinks is about two miles from Raistrick, Coln Bridge pee l

_ .as you know, the place where Naylor met a maa, whom he wi

not swear was the prisoner. The witness does not precisely know the. situation of Strickland’s house, but it is by the meor

_gide, and ‘he says it is nearly as far from Caln Bridge as Colq ‘Bridge is from Raistrick, that is a distanee of about two miles, Ye states that Brook's wife never got up at all,

Hannah Brook states hersetf to be the daughter of the pri- soner, and to be vere well acquainted with John Kaye. She knew him in the month of Octeher, he was a sweetheart of I ‘hers.

Page 195

¢ JOSEPH'‘BROOK. ~ TT het's: She cahnot tell exactly how long lie had beén ¢0, he Mr. Borda ‘ ~ had been so for matty a before that month-of October, ‘Thomsun’s I She remembers her father being taken.up; it was on a Weédnes- Sunniing day. She had seen-Kuye onthe Sunday before that Wednesday, . °P in the. night, a-few-minutes after twelve, at her father’s. Sbe . did not. know rightly that be would come at that time: she expected him tv corne that Sunday, because he usually came . owa Sunday. She thinks she had seen him on the Satar- day week before. He did not-say any thing about it, but she looked. for him as useal. to-day that he had made at appdintinent. to.come on that Suaday, but no hour was fixed. ’ She differs from bin « little in that respect, but she agrees that she expected -him that Sunday. She says wheu he came, thé © family were all in bed, except ber sister and her, in the house- . part. bad said nething about seemga i = sister, There was-no question, I think, put to him upon that subject; but he had not stated the sister being in the house; © with Llannah, when he came in. She says Kaye’ knocked at the door, and sle let him in. When she let him : in, the father said, “‘ Is n’t it time for bed?” That’ was ut the time ef opening the dour. Her father. knew that she.” was acquainted with him. After she had let him in, they. stepped on the hearthstone, and there was a fire, whic hud © been raked up. She sat with him, she swears, till between’ five end ix in the morning, the time that the other witness: had stated. She mentions that the child cried in bed, in a little parlour with her father and mother; there were two children. with them; it might be five mmutes after ber hearing the child, that her father came out of the parlour-door, came to the fire, lighted a candle, and went and looked what time it was; and she thinks he asked them if it was-not tifne for bed yet. Ile set the candle duwn on the table, and went out of the door ;-he might be ten minutes or a quarter of an hour then he brought with him Jonathan Barber. Barber went into the reomn where the child was; he took something — with him when he went in, but whetber he did any thing to the child, she does not know; the child was between four - and five. It was tea of some sort he gave the child; she does not know where it wus madé@;, but she says that the tea was not made in thejr house ; that he made the tea, as she sup- poses, at home, and there was no water used in their house. ° The first witness,.the sweetheart, had not. stated a word of I there having been any tea made in that house, but had of the doctor going. into the room, and that whatever he did,.was done in thatroom. You have heard what this doctor said, inclined to answer every question in the aftirmative, which the Counsel, on cross-examination, put to him, fan- cying these things to have happened. The old man is silly mmouzgh to say that thdy all passed. Whether be was not Aa inclined

Page 196

198 - THE. KING AGAINST Unclined to babble, and to answer yes to every. question put ° Thowson's to hin upun cross-exumination, you will cousider upon the Summiug whole uf the evidence, keeping in mind the circumstances im - “i ‘avhich he differs froin the other witnesses. She says that she I does. not know he used in giving this tea to the child, she - was not in the place with him; he might be, a. quarter of , an hour with the child, br ten minutes; and Kaye and.she . were sitting on the hearthstone, while Barber did what he had: , to-do with the ehild, whieh was im the father’s bed-room ; ne father never came out afterwards; Barber went away, and , shut the house door after him, and she fastened it. She was . awake till Kaye went away, and her father never got up and went out before Kaye went, and she is very sure that that was © between five and six o'clock. lier sister is between eighteen and - _nineteess, Shesupposes she stopped about frve minutes with Kaye and her, and then she went to bed. ‘The witness thought - the father was awakened by the sweetheart’s coming in, and called the ehamber-deor, which she says was shut. There is a difference between this witness and the sweetheart, for he speaks to the parbeur-door being all the ‘time open. Shé says that when her father called out, “ Is it: not time for. bed?” they made no answer, and that the. door Was shut; and that when she heard the child scream, her I father opened the doer when he came out. She says that the elock stands facing tbe door, not near the chimney. ‘There is some difference as to the situation of the clock; but it is not: pretended that there is not acleck of some kind or other, 2nd this woman is probably best acquainted with the situation of it. She. says the child was never browght into the house- part, that she never saw the ehild at” all, it was not out of the father’s room. Barber bad given it stuff many tinres that had done it good; but she does not know that Barber eyer ,attended the child ia the night before. I . Gentlemen, yon will consider, whether you are satisfied that this cuse is clearly made out against the prisoner at the bar, and whether it is established that he is one’ of the persons who so attacked the prosecutor's house this night, and who, so robbed and plundered it. The prosecetor has given you an _account of what pasued there, and according to his evidence he was intimidated by the threat and uproar of the people on. the outside of the house, by their banging at the door, and insisting: upon entrance, in consequenee of which he opened the door, ‘and let them in. These are such acts of violence, as compelled him to open the door, and would be just the same as if they had burst the door open without having prevatled upon him to open it. He certainly has had his house plundered of his watch, and ef money partly his own and partly his pro- perty, and dnder eircumstance® thet carrieé with them i. egree

Page 197

° JOHN BROQK 47g degree of terrot.- He. himself does not undertake to swear. th Mr. his belief, as.t0 any of the persons trom whem he received thig mjury. Ann Armitage; the niecé, has told you all that she had Sugaruing an-opportunity of seeing; which was from ‘the striking of the “P| light by.the rnbbing the sword or other iron instrument against _ the floor, which I have observed would a flash and ne miore; and it was from that flash that all the observativog she eould make wus drawn. She has told you that the man’s face she saw, appeared to ‘be blacked ard streaked dgwn ‘the cheek, and she undertakes to describe the colour of the coat, and ty suy that she discovered enough of the maa’s countenance to believe him to be the prisoner, for she will not go at all farther I I or take upon herself to say that he was the man. _Upon that” entirely rests the case against the prisuner, with the exception the evidence of Jobn Naylor, and of Armitage the brother. And it will be for you to say bow tar that evidence of belief of the witness, which belief is drawr frem the sources only that [ have mentioned, goes to satisfy you, taking into your consider- ation the other evidence that has been given on the part of the prosecution, that the: prisoner at the bar is one of those per- sons who robbed the house.. Now what Naylor has been enabled to: state is this, that ypen that morning, about four o'clock, as be apprehends, be met at a-pluce which is ubout the distance of two miles frum the prosecutor’s house, three men, two of them runningy and passing him, and the third who was also ‘running, stopping a little, and walking past him; Le states his having spoken to the third as he passed, but not to the.two first, but that he was coming in a from Kirk- Heaton, there being (according to the map at least) several jntermediate places before Kirk-Heaton: He speaks only to the colour of the eoat that the man had on,: which was dark, and that his person was that of a stoat clever man. When he - spoke to him, he received no answer, so that he had no opper- tunity of observing bis voice. ‘The witnegs says that he set off yunning again, and he was going thea in a direetion towards Raistrick; that the place where be saw him was aboyt two. miles from Raistrick, und that he believes. the prisoner to. be I the man, but he will not swear to hjm.

Armifage’s evidence only goes to shew, that op the Sunday

~

* . before he met with one Holmes, in company with the prisoner

at the bar, and that Holmes, after some conversation, stated that Strickland had plenty of money, but would not. bring it out; and Armitage conclydes that the. prisoner must have heard this; but if does net appear that the prisoney took any . part in the conversation, so as to assure the witness that he didhearit, 2 2. I 7 The evidence on the behalf, {f it isnot altogether fabricated, aliew ‘that he wag not at Strickland apt ia. . . La 2 €

Page 198

My. Baron: Thomson's

up.

ate - THE KING AGAINST

the time this housebreaking was committed ; for if it: is-trug I that he was at home at twelve o’clock at: night, and coatjnued at home, with the interval only of that short space, when ‘he went: to: fetch this village doctor to his child, which was not . above a quarter of an hour, twelve till between. five and six in the-morning, he certainly gannat have: been: one: of the persons, who engaged in this robbery of the prasecutor’s house. You have heard the account they have given, put- ticularly the daughter, and Kuye her friend, to that: effect, By way of confirming them, they having related the going “gut of the father for a. short time to fetch Barber. The

_ Counsel for the prisoner -have called hun, and upon his

exainination, on the part of the prisoner, he certainly did not give any ‘accepnt,. materially inconsistent: in aay circumstance with the account, which the other. man had given, and which the daughter afterwards gave, -He stated that he saw them inthe house together, when he came, and ‘when he went away; that. he left them there, and so on. When cross-examined by the Counsel. for the: prosecution, questions: ‘were put, to every one of which this man answeted yes; you will consider whether he: was babbling, and pot reflecting what he wae about. ‘The account he gave, in answer .to those questions, differs materially from the account the other two witnesses ave given; which difference, if it is so material, will shew, that in point’ of fact, these parties were tot there... However, éne part of your consideration will be the uncertainty,’ with , which the witnesses on the part of the prosecution are enabled to swear ;-I should rather say, the witness, that ia the niece, whe. had no-epportunity of observing his countenance, or his dress, but the’one single flash -frofn the sword. She has stated, in addition to that, that she had an opportunity of hearing his while- he was in the house, and that she heard it after. wards at Mr. Radcliffe’s, and that, from his voice, she thinks ghe can undertake .to siy, she believes him to be the man. _ Naylor, who- met - the. three: rurining abopt four in the ‘morning, in g direction from Kirk-Heatop, does not $weer that it was the prisoner at the bar that was so runing, only that he believes him to-be the prisoner; and then there is gnly that ather circymstance, related by Armitage, that about 2 week before the prisoner was present in the road at a con- yersation that passed between Armitage, and Holmes, ‘about

- this poar man having money” This is the whole cage ‘for

our consideration, - Ty will be for yon, Gentlemen, to say, whether the evidence given gn the part of the rosecution, coupled with that laid efore mY on the part of the prisoner, satisfies you ‘uf his pt f you are sqtishied by the evidence that guilty; it be your duty! te find hit se. you ‘fied no reason to doubt the trath- of this alibi, the.

Page 199

JOR HEY, AND OTHERS, 181 of the old man, as’ to ‘the cirewmstinces he stdted' abdut the making of the tea iw the kitchen, and so on, which neither of the-other witnesses have spoken to, that a ground for your acquitting him. If you :are not satisfied that the case proved originally made vut sufficiently that the prisoner was

-Mr. Baran Thomson's Summing up.

guilty, you will acquit-him. You will consider the whole of ,

the evidence, and give that verdi¢t which you think the cage requires of you, and which will db justice between the prisouer and the country, pt .

I The Jury withdrew ata quarter before three, and returned

if about five minutes, finding the prieoner ~» - - Not Guilty. . - They afterwards declared that they disbelieved the alibi. I

_ Prisoners were indicted for a) T## Kine ‘Burglary, at the House of Gearge Haigh, { against at Skircoat, on the 29th of August last, I> and severally pleaded, Not Guilty. John Hill, &

IV itham Hartley. The Indictment was opened by Mr. Richardson. I Mr. Park.—May it please your Lordships ; Gentlemen’ of the Jury, This case, T hope, will not occupy so much time as

the last did, for we have been employed three hours, I think, very unnecessarily, in the latter patt of that case. ‘I have

asked, whether there’ are any witnesses'to‘an alibi in this case, ©

and I find there are not;.tRe case then ig a very short one.°

Mr. Haigh, whose house has been broken open, is a gentleman residing near Copley Gate, at Skircoat near Halifax: Saturday in the month of August last (but whether Saturday

the 29th or Saturday the 22d, [I am not prepared to-state to -

you) between eleven at night and one in the morning he heard a violent knocking and noise ‘at hjs front and ; he got out of bed, and went to the landing-place of his house, and there he could hear distinctly what passed without-side the door. Hle called ont to know what was wahting, upod which aman answered, “ My master, General Ludd, me for yopr fire-arms:” He said be had uone. A ‘voice said t' We know you have two guns and four pistols, and if you do Not immediately deliver. your fire-arms, we will break in, and take your fireearms; quiek, quick, quick.” The prosecutor was unwilling to deliver up his fire-arms, but a servant, of the . pame of Tillotson, advised his master not to resist, upon which Shere, was a gus.givon, and afterwards a pistol. He bid several

pistols

Page 200

182 . THE KING AGAINST , pistols in the house, but-he aeknowledged having: only one,

He gave it to Tillotson to deliver, and it: was delivered to the.

gang, The pistol will be produced. It has been traced, and, J will tell you-presently where it was found. It is now in the possession of the’ witness, and the prosecutor and Tillotson will’ swear tat they. verily: believe it to be Haigh’s pistol, though not in the same state in which it was at the time it.was We shall praduce to you also the stock of a gun, which was found on the outside of the door of. the house. I have told you that there was a great deal of knocking at the door, before admittance was granted. . Whether there was actually firing on the outside I do not know, or whether it was ouly by that sort of thumping and violent blows, which the witnesses on the inside, in their terror, might suppase ta be firing. { understand that the accomplice Iam about to call, and the prisoners themselves, say there was no firing. I understand Mr. Haigh’ and his man wiil say one piece was tired, but whether there was or not, it does not signify. There can be uo earthly doubt ypon this case, for all the pyisaners at the bar have admitted they were present. It will be proved to you that the gun of one of the men was broken, and it is

the stock of that, as we suppose, which was found on the

side of. the doar,. and the door ycmains marked with blows from a gun-stock.

I shall call before you an accomplice, who wili tell you that. a. considerable number of them met about ten o'clock an the -

evening in question, on purpose to comunit several robberies on that night, aud among others at the house of the prosecutor, Mr. George Haigh, at Copley Gate; that they put on no disguise on setting out, that in the course of their proceeding they took aun from a person; that William Hartley was the leader __that night; that they knocked at Mr. Haigh’s front and back- doors; that they were not answered so soon as they wished ; that Job Hey struck the kitchen-door, by which he broke the steck of his gun, (and we shall produce the stock of a firelock which was kuocked uff); that they insisted un guns, and pistols, and that they were given to them by the master and the ser- vent; they will also. prove taking a top-cvat out of the kitchen, aud that it was afterwards left at Copley Hall. Tilletson will tell you that they took that top-coat, and that he got it back Copley Hall. I shall then call Lieutenant Cooper to produce thé pistol,

and I shall prove where it was found. Lieutenant ‘Cooper put one of these prisoners (Hey) with a Serjeant ‘of the name of

Clarke; and while he was at his house he hed ‘conversations .

with him. The prisoner (Fey) was‘ asked, whether’ he had jut some fite-arims in his house, upon whieh he told hint he ba a pisttl ‘concealed in his dweélling-house, between the chins * 10 ney

”-

Page 201

"ney .and the. roof, Serjeant Clarke went to his, hquae gn the _

é

JOB- HEY, AND OTHERS. 16g.

14th of December, and found in the very. place, pointed out by him the pistol, which will be now produced, which he delivered. to his officer, which the officer has delivered,to g constable, and which the prusecutof. Haigh and his man will swear that.

= :

they believe to be the same they lost.

I shall not enter into other 1atters, on which these prisoners

‘were examined, -but I before-you the voluntary con-’

fession of all the prisoners, and I- am asdsured'there was neither’ intimidation or threats, or promises, or inducements: held out’ to make them confess, and that they were tuld, “‘ if you say: any thing upon the subject, it will be used as evidence agaist you ;” notwithstanding which caution, Jeb Hey, who is one of the prisoners, when interrogated on this subject says “ I was

eo

there ;” John Hill says “* I was there, but was no gun.

fired in the kitchen;” William Hartley says “ I was there, but no arms,” (that is probable’ enough) “nor did I tmeke any demand of any.” It is probable that he may vot have been the particular person to make the demarid; but their

Lordships have had occasion to tell juries in your place, and I

probably some of yourselves, thaf if all these persons went together for this illegal purpose, it does not signify: which par-

ticular person did the particular act, but if they were allthere — .

in ‘that illegal transaction, they are all equally guilty of the offence imputed to them. ~—-

The Evidence was summed up by

_ Mr. Justice Le Branc. I

a / Gentlemen of the Jury, — ‘ THE three prisoriers now at-the bar, Job Hey, John Hill, and Hartley, are indicted for'a Burglary ; an offence

-similar to some of those you have before tried ; .namely, the

breaking and entering a dwelling-house in the night-time, with intent to steal, and stealing certain property therein. The

prope: ty they are so charged tu have stolen, consists of a gun, -

a pistol, and a great coat. Tle material things, are the gun and the pistol. ; I

"The evidence, that is produced in support of the prosecution,

is, first the evidence of George Haigh, whose house itis stated they broke and entered. He says that he is a wool-stapler,

"living at Copley Gate, in the township of Skircoat; that on 2

Saturday night inthe month of August, he believes it was the

Mr. Justice e Blane’s Suiming

up.

last Saturday in August, but he is not certain, after they had

been in bed some time, they were alarmed, and he was awakened by aloud rapping at both the. front and back door of his house ; he supposed from the time that it must have been about

“twelve o'clock at aight; that upon that he got up and went

down

Page 202

Mr, Jestice Le Blanc’s

184 KING AGAINST: down to the landing of Nis staircase ; and he appears nevér td’ have stirred from that staircase during the time of the robbery. I He says, that while he was there, he still heard this loud Rnock- ing at the door, with something that sounded us if it was a large thing, the butt-end of a gun, or something that would - make a similar noise; that other people were knocking at the:

front door; that he heard the voices of several people calling —

out; that he heard them call out “ Your arms,” he having said. Hallo, what do you want?” and that another. voice said, “ General Ludd, my master, has sent me for your arms ;, he answered that he had none; the voice answered “. You have, : in a rough cvarse tone; he said “ I have nothing of the kind, for God's sake go home,” Upon that he says, that he heard. a noise, but he could not tell whether it was a noise ing from the fring of any pieces, or- whether it was from re- peated strokes given against the dour of his. house, and. them somebgdy said, “ You have two guus and ‘four pistols ;” to them, from within, ‘* We have nothing of the kifid, nor. ever,

had,” he (Mr. Haigh) standing all the tine upou the landing-

place of his bouge. ‘Then he says that a man of his, of the flame of Tillotson, came up to him and said, “ Master, you had

better give them the gun, for they will shoot us.” Upon that .

Tillotson immediately went down stairs with the gun, and pre-

sently returned to him again; and when he returned aguin, be

_ (Haigh) gave him a pistol, and then ‘Tillotson went away. Ha

‘says that while he was standing there, he again beard them speaking below stairs, and. the voices appeared to come from I t

e kitchen, “ Your arms, your arms, be quick.” Le bejng

tpon the landing, could not positively himself say where it -

came from. That is the account given by Mr, Haigh.

Then the man, Tillotson, who appears to have been if a greater hurry to satisiy what these people demanded. of them than his mester was, says, that being in Led, aud having heard this knocking at both the front and back door, on this Suturday night, as he suppesed a/little after twelve o'clock, and having

theard the people use that language, which Mr. Haigh: has:

apokrn to, and which he repeats, and having beard bis master

_ tell them that they had no arms; he also heard the people; froma

without say, that they in the house had arms, and if they did not deliver them up immediately, they would break in, that they knew of four pistols and two guns; he says that they cor-

tinued still knocking at *the door, ‘and that he opened the door, -

because his mistress told him he might get up and open it, and give them the gun, they having said they would break open the'aoor if he did not give them the gun; that when he opened the duor, the men ran away from it, but they met

Some others coming ‘round from the’ front of the house, and ‘then they turned back again, and asked for the:guns and for the

pistol ; that he: standing within’ the house, gave-to them, wiro. were

Page 203

JOBHIEY, AND OTHERS. 18s,

were the house, 4 gun, none of them at that time com- Mr. Sesion’ - ingins that they hed.a conversation with him afterwards,and Le Biant’s asked him if it was fireable, and he told bem it was fireuble; ~ that they told him there was no.ramrod, and that if he did not: "P- immediately find it they would shoot him; he told them that. he could ndt find the ramrod; and then they wanted another, gun, and four pistols; he told them that they had'a pistol, aud, that was all; and he retired into the house to get the pistol, when the men immediately followed him into the’ kitchen. . He says that he went up stairs and brought down a pistob _from his master, and gave it to them ‘in the kitchen; that it was his master’s gun and his master’s pistol that he so gave ta them ; that the people, ts whom he gave them, were armed; ‘some with and some with pistols in their hands; and thet at the time he so pave the gun and pistol to them, some ef them held the pistols and guns they had in their hands close to his person, and told him, if he would not deliver them the guns-and the pistols, they would shoot him. He says, that after they had taken the pistol, they told him that if his master did not sell his milk at home among his neighbours, they would visit him with in:mediate death. There:was something of this game sort mentioned by Mr. Haigh himself. Tillotson says, that some of them took 2 top coat, whith was hanging in the passage going to the kitehen, that belonged to ‘him; that top coat, however, was brought back by a farmer’s man in the the next morning, and given back to him. He says that the next day he examined the doors, and that they xwere thumped as if they had had stones against them, or as if they hail been marked by guns; and he speaks to finding part of a gun-stuck the next day near one of the doors. He ip asked particulasly as to the time; he says he thinks it was twelve at night, and that-it was quite dark.

¢

to the account. given by him‘end by his master, there was'a very loud knocking at the back and the front doors, and the voices of a of people on the outside, calling out for them to deliver their arms, saying, they were come to _ demand their arms; that they would break epen their doors and shoot them if they did not deliver their arms; a gun was delj- vered to them, none of them having been in the house ;- but still persisting in heving more arms delivered, and following ‘into the house, the servant, whom they had so terrified as to ‘make him open the door, they there received the other piece of fire-arms, which the servant admitted they had in the house. . that if you are satisfied that these people came with an ‘jatention of robbing this house of the arms which the inha- _bitants had, and of compelling them by threats and vielence .to open the deors, or otherwise of breaking-open the doors themselyes, and then going: inand receiving the articles in tae I I Bb house,

re,

Page 204

Mr. Jusiice Le Blane's Sureming

wp.

186 . THE KING AGAINST... >

house, it is in contemplation’ of law a burglary ; ‘and aecording

to this account, they knocked’ at the door, exelaiming on the outside what they Tame for, and swearing they would shoot

I ‘the if they did not deliver their arms; and the

afterwards a number of them came into the house, and there received one of the articles; the other, the gun, having been

by them outside the door.

OT hey then call a man of the name of Joseph Carter, wha was

dertainly one, according to his own account, of these persons: so”

assembled on this night; His account is, that he and the three

pfisoners, akd a number of other persons, in the whole nine or I

ten, assembled.in a field, by appointment, on a Saturday at the end of August, early in the evening, that is, eight or nine in the evening; and that the pwrposc of their so assem- bling was to go about and take arms and guns from different people’s houses; that they afterwards proceeded to different houses, .and among others went ro the house of Mr. George

Haigh; that they somewhere near twelve ; yhat he .

himself and the three prisoners, Hey, Hill, and Hartley, were there ; that some of them went to the front’ door, and some to the kitchen door, and knocked hard with guns and pistels, and demanded arms; that. they were told from. within, that they had none, and some of their party said they knew they had got two guns and four pistols, and they would have them. He describes the door as opened by Tillotson, the servant, andsaysy,

that upen that seme of the people went back, till they

«the greater.part, who were coming round from the front door and that then having joined. them,- they went back to the kitchen door, and told ‘Tillotson that they demanded his arms;

that he brought one gun to them, and one of the party took it"

as it was banded out-of the door, and that then they told. hina he had more arms, and they would have them; that Tillotson eweat batk, and they all-rtished into the house after him; that

‘Tillotson then went, arid fetched a pistol, and gave to one af

‘them; and that then they told him, that if his master did not -

sell his milk among his.neighbours at two-pence a quart, they ‘would visit him again. This is the account given by the accomplice Carter. Andon reading over bis account, and comparing ii with the account which you have just before heard fron: Haigh, and from his map Tillotson, it agrees in every particular as to what the people said, the way is wnich the different doers were beaten and knocked, and the -manner in which some of the robbers retreated, ti they were joined by their companions, and afterwards received the gun ‘from Tillotson, ‘and then followed him into the kitchen, where ‘the pistol was delivered to them. Carter likewise says, that ‘one of them took.a top-coat from the passage of the house,

Smee '

and threw it over the arm of one of the prisoneys, Job Hey, I : and€

Page 205

JOB HEY; AND OTHERS. 137

¢nd that he carried it from the house to a placé callet! Copley Mr. Hall; and then he began to enquire whiose .i¢ was; whether it me ° belonged to any of the party that was there or not ; and finding up.” a I it did not belong to any of his companions, ke said he would not carry it any further, but leave it there, that nat being the object of their going to Haigh'’s. ‘They seem to have gone to bes house with: no other view, but to take the arms. Butj if they went with a view to break into the house, or ta compel the persons belonging to it to let them in, under the fear that otherwise they would break into it, whether it was ta take arms or money, it is equally a burglary; because the bwoer of them is no more obliged tq part with thas with his money, to ‘these persons, whe hive: no right to require either of ‘him. He them gives an-account that that great coat was left at. Copley Hall, and given to one of: the farming men there, to be taken back. ‘That.the prisoner Hey took -the gun, which had beer so taken frem this, house of Mr. Heigh’s, and some else of the party took the: :pistel ; that the pistol was carried to. Sowerby, and the gun to North Dean; and he gives ‘this further account, that the. prisoner Hey had a-gun, which he brdke- the stock off;. by knocki against the kitchen door with it, aad that part af-the stock .¢ _the gun, which he so brake by kdocking against the: door, wad Jeft behind theni, when the party went away.. He says ng arms were fired off, while they avere at the bouse, but. ther@ - was the noise of: striking the door, and some. one of them, after they got into the house, struck the. table-with a stick _that'he had in his‘ loud. He says the gum, which was broken, was 4.gun they had tuken from some other - place, in the course of thatnight! © 2. . _ . . : Vy ' On his eross-examination he says, he himself is a cotten-, ‘spinner, living at Greetland: thut he now comes from the -House of Correction at Wakefield, where he has been for the ‘purpose of securing his being examined here; that. he -was taken up for another offeuce in the month of December, and disclosed this offence together with others. You will look ; ‘at his evidence in the same way in which you, or. gentlemen “sitting in your place, have had occasion to édnsider other af the same nature, namely, as and see whether or not, from the manner in waich it tallies and agrees with the.evidence of others, it appears to you that the. man is ‘telling.truth. And to. be sure, with respect to almost: every’ sparticular of what passed on the attack of this-house, as given by !Haigh and by Tillotson, the account given by this accomplice itallies with theirs, as to the expressions used, the noise made,

. >the manner in which the door was opened, the retreat of the

people at first, their afterwards joing in, and what arms wete S@qlivesed:.befase jhey_came in, what arms were discovered hos Bh — adterwards,

Page 206

I $38 . THE KING AGAINST Mr. Jnstice. afterwards, .and the: expressions “repeated by the servent,’ that Le Plant’s” if His master did mot sell bis milk among bis neighbours they. Summing would come again, which had nothing to do with their attacks "Pe people having assumed to. themselves, in the firat the privilege of coming to demand arms, the next thing was, that they should dictate tothe party, in what. way be should dispose: of his property, whether of ane sort ox et HG : The next witness is Thomas Clarke, a. sesjeant, of the’ Suffelk militia, quartered in that part of the.country; aad w ¢alled to speak to tne fact of finding a pistel in the possession of'one. of the prisoners, Hey. . He says that he:was quartered at Elland: that ‘their. commanding officer was Lieutenant Codper ;-ahdithat im the of. December he went with the officer aid:a party of seldiers, to apprehend the prisoner Hey atahis:house at North Dean $ that in searching his. use they foundra quantity of gunpowder; he. weighed it, and tt'was‘tbree pounds and a-qdarter.; that the account Hey gave of it wad, ‘that he had brougbt it from on ship-board sixteen gears before; but the Serjeant days, as far as he is a judge of gompowder,; it:did like powder that bad been kept sixteen years; that it‘whs papes wrapping id a hand- kerchief,: and rt appeared ‘twhave a greater degree of. freshness tharit would have ifit had been kept so Jong. He also says that Yoo’ Hey continued itr tiscir custody for some time, and while he was thder his care he ‘asked him if be never hada gun, and Hey _, told bm be never had a his possession in his life. The Serjeant afterwards asked:him if. he: hadnot a pistol, and he said yes} he bar aod that if: the Serjeant went into his chamber at his house, where he itoak him up, he would find the pista) between the chimney and the roof, doubled up in one of his ‘(the prisotier’s) boy’s old jackets. The Serjeant sdys ‘that hé accordingly searched, and found the pistol doubled up in the boy's. okt jacket between the chamney and the roof, He returned with it to the prisoner, and shewed it to him, and - the prisoner. said, yes, that was the pistol. The Serjeant kept it in his possession till. the next morning, when Lieutenant Cooper came home, and he gave it to him. Lieutensnt Codper Pave it to: Mr. Whitehead, the constable, in the presence ef the magistrate, Mr. Radcliffe; and Mr. Whitehead produces it, saying he did so receive it, Lieutenant Cooper being present. ..- _.That pistol is ‘then looked at by Mr. Haigh, by his ‘son, and ‘Wy his servant John Tillotson, for the purpose of seeing whether they can speak to it as being that pistol which was se taken -from Haigh’s house an that night. It appears the pistel which was taken from Haizh’s house was one, wiich the say \a0f Haigh had bought about six weeks. before. He had fred ft, and the ‘servant had fired if likewise, and they:had it in thejr wpogsession gix weeks, buf, there being no. particulay nyerk:pat bk te eee ee 1 4 , . , por

x 4 is

Page 207

JOB HEY; AND OTHERS. tq upon it to distimguich. it from any other, all they say-is, thet.i¢ Mr. Feito’ is the same sort of pistol they had, but that when it wes taken Le from them it was. a new pistol, and that now it has been seratched and had bad usage, so that they cannot: take upon bo _ themselves positively to swear that the pistol is the same thag was taken frem them, but that it is a pistol of the same size and description, there being no particular mark by which they ¢an swear toit. The result of which is, that this pistol sq foutd in the possession of the prieomer, and whieh he directed the Serjeant so tu find on being enquired for, 18 a pistol of the seme description as Mr. Haigh was robbed of on that night... They then proceed to give you in evidence, on the part of the «prosecution, the exemination of these three different prisoners, when they were taken up in consequence probably of information given by the accomplice before the magistrate. Mi. Loy who was present at the time, has given the account, that at their examination they were told they might: say any thing, ‘or not; that there were no promises out. to them to say any thing, and that fhey were told what they said might pro- bably be used against them ;. and that they afterwards sighed the examinations which have been given in. Without going I through the other parts, which do not relate to the subject under enquiry now, Yob.Hey says, that “ as to the robbery at Mr. George Haigh’s, he was there. The Hil, ot his examination, being charged with a burglary at Mr. George Haigh’s of Skircoat Green, says, “ I was there, but there was mevet a gun fired in that kitchen.” According to the account of the people themselves, they do not say that'a gun was fired jn the kitchen; they doubt whether a gun might not be fired - onthe outside of the house, or. whether it was the réport of -the doors being struck.” The prisoner Hartley being charged with felony at Mr. Haigh’s, says, “ I was there, but I received nd arms, nor made any demand of any.” That is thé acccunt they of them givens = © . I i’ Ifa number of men meet together, for the purpose of going - to plunder houses of arme, ‘it is perfectly immaterial, whether — the particular persons brought before you, charged with being principals in that rebbery, are the individuals themselves who either asked for arms, or received arms, or fired Off arms, or ‘even knocked a blow at the door; for every person who goes ‘and adds. his. countenance. and his strength to the party, to make it more numerous, and is present taking the part allotted, ‘gither of appearing and making a noise at the door, or ad is equally guilty of the burglary with the man w actually demands or actually takes the arms. ‘The only queé- tion to be. enquired into-is, whether the evidence satisfies: yor that the persons chadged were part of that company, who went together for that purpose,. dnd: whether it was in pur- suance of that purpose that the fact was done among then, ye - ; A3

Page 208

190 THE KING AGAINST"

. Meee As to the particular persons being there in the present case, Supming You have the account given by the accomplice speaking up. . tothe whole, and tallying exactly in all its with - the account of the robbery as detailed by Mr.-Haigh, and by ' his servant; and as to the particular eircumstance of a stock of a gun, which one of the people had, having been broken, and a part of it left behind, which'1s found next morning near one of the doors. And in addition to-this, besides-confirmation of the expressions usé¢d, you have evidenee'that these men, when taken up, all of them. admitted that they were there; though one denies having taken any arms, and the other gays that no guns were fired offs but still they all admit that they were there present at that time. If so, to be sure they are guilty.

On the part of the prisoners themselves, you have twe witnesses called to character, Mr. Bradbury and Mr. Holling- worth. They speak to the character of the prisoner Hill, ‘whom both of them have known for two or three years. They speak of him as an industrious, honest, sober man. Mr. Bradbury also speaks to having known Job Hey nearly three years, and that he ever found his character very fair, up to the present time. With respect to the third prisoner, Hartley, \:2 knew nothing himself about him, he knew no harm of him, but he knew very little of him. With regard to character, in enquiries into offences’ committed upon ‘the _ present occasion, general characters for sobriety or for honesty up to the period, when these unfortunate tempers and disposi- tions broke out, has less weight than perbeps.in most enqui- ries with respect to robberies which are brought before juries; because, one is sorry to see that thany men, who are good workmen, who are industrious, who are in other ‘respects honest, and who perhaps would uot have broken into any house ‘in the outset of these disturbances, for the purpose of stealing any thing else, have thought themselves justiffed, by the fever with which they were actuated, to break open houses and steal arms. You will judge how far the evidence before you, satisfies you that these three men went . to Haigh’s for the purpose of violently demanding the arms — . ,that were taken, threatened and knocked at the door, forced the man to open it, when they had got the gun insisted upon the pistol also, and received the pistol in the hose. If so, jn point of law, it was a breaking and entering the house, and ‘there stealing that pistol. If you are satisfied of that, you will find them If, you sea any reason to doubt’ it, you ef _gourse’ will acquit them. . » Tne Jury imoediately pronounced. I Job Hey, - - - Guilty, John Hill,.- - + Guilty. ai .. William Hartley + . .

Page 209

_ JAMES HEY,. AND OTHERS. 191

‘ \

Tuesday, 12% January 1813.

FOR robbery of James Brook, in his Tne Krxe Dwelling house at Huddersfield, and for against stealing in the said Dwelling-house, & James Hey, Brook being therein, and being put in J Joseph Crowther, & fear, on the 29th of November. Nathan Hoyle.

The prisoner having pleaded Not Guilty, the Indictment was opened by Mr. Richardeon.

I Mr. Park.—May it please your Lordships; Gentlemen of the Jury, I am very sorry that the three prisoners at the Bar have obliged me to bring down the depredations, of which we complain, to so late a pertod in the last year, for this offence happened as far down as the 29th of November. We shaft _ proceed principally upon the second count opened to you by my learned Friend, namely, the stealing from the dwelling- house, and putting in fear; which their Lordships will tell you, by an Act of Pazliament in the reign of King William was made a capital offence. The cireumstances of the case are ‘extremely short in themselves, and I am sorry to say as against the prisoners at the bar (umless I am deceived by my instruce of which I have not any idea) are very clear.

The nominal prosecutor, James Brook, is a poor man, a miner, living near Far Town, about two miles from Hudders- ficld. The prisoners at the bar are all, as you see by their ap- ‘pearance, men in an inferior station in life; one of them is a woollen-spinner, another a cotton-spinner, another a weaver; and [ cannot conceal it from their Lordships, or from you (as it -will be proved by all the witnesses, af least those who knew any thing of their transactions, and by the confession of one of the prisoners) they went'out on the night in. question te various depredations. It seems that Hey took a very share in the business, and so did Crowther.

I shall have occasion to call before you & man of the name of Carter, who was examined last night, who was of that party that were convicted last night, and who was also of this party. He will go minutely through the history of the transaction; he will. prove to you, among other things, that they came to the house where Brook lived, and (as. Brook himself wilt fully state . _to you), he was standing at his door, about eight o'clock in the evening. They insisted upon entering his house, and did enter it; they called upon: him to deliver up fire-arms; he told them. for a considerable time he had none; they still insisted upon having fire-arms, upon which he said, at last, “ Well, I

Page 210

ig2 OKING. AGAINST . I I have an old gun, but it is of no use;” he shewed it to. thepy, and upon examining it they found it was not a fireable piece (to use an expression we heard yesterday); they then sisted he should ‘give them’ money ; he said he had none; they persisted that they would have a pound note; he. insisted he had not one; however they took him up stairs, frightened hing very much, as you may suppose, and at last they foreed open the cupboard, and there they found a pound note and some silver, — which they took away from him; and you wilt find from the evidence that will be laid before you, that that night they idrwided fifteen. pounds apiect. : I shall have occasion to call before youe person of the name pf Edward Crowther (net a relation, believe, of the prisqner Joseph Crowther) who was in their confidence, though he dogs nog appear to have committed any of the felonies. On the day o the robbery, a conversation took place between this [.dward Crowther, the prisoner Hoyle, and” another man of the game of Mitchell. ‘They propysed to go that afternoon to several places at Bysadley Gate, which Hoyle, the prisoner,. pointed out to them, and they were to meet at a place ap- pointed, about seven that evening. Edward Crowther an Mitchell didnot keep the appointment. The first time after this that Edward Crowther saw Hoyle, was at his own house, on the following. day about noon, when the prisoner Hoyle called upon him, aud said, “Why did not you come ?” and curse@ him for not having kept his word, and told him they had done “exceedingly well, and that there was nothing like going inte @ country they did not know. Whether the place seleeted ‘for this scene was a place in which they did not usually reside, ‘I know not, but that was his expression, that there was nothi like going into a country they did not know. _

Besides that, I have the examination of the prisoner Crow- ‘ther, taken (as I am informed) without the least promise or ‘intimidation. Upon being examined before a Magistrate, op the 16th of December, when various charges were made against him, and amongst the rest the one im question, he says, ‘* The prisoner saith he is guilty; James Hey and Joseph Carter wanted me to go with them ; there were Nathan Hoyle and others.” You will observe, Gentlemen, though the _prisoner Crowther’s examination may be.read against. himself, .yet what he says of A. and B. you will totally put out of your .consideration. I cannot help reading it, fur I cannot take the ‘words asunder, without destroying the seyse. Therefore yg -will not suppdse I read these names to raise the slightest — ‘prejudice in your minds against other prisoners ; on the con- .trary, I earnestly entreat you to dismiss all prejudice. The it goes on, “There ware ouly four of us there. 1am eng Sunday night, the last but two;” which is exaetly the case, 1} at

Page 211

JAMES HEY, AND OTHERS. 103 that would make it Sunday the 29th of November. “ They _gathe to: another place, and Hey said, this is a likely place, and it will pay the two men who should have met us.” Those were Jonas Mitchell ‘and Edward Crowther. ‘“ We went, in and demanded a gun first; -be said he had none, nor a pistol. We then demanded a pound note, but he said he had not one.” Brook will prove every tittle of this having passed. « He shewed an ald gun, but they would not have it, but insisted ypon having a one pound note. He then ‘searched in a fupe board, and found a pound note, or something, but I do not know what, and some '‘silver.” is .a great deal more, but [ will. not read it. This appears to me, Gentlemen, to be one.of those cases upon which very little doubt can rest in. -your minds. Doe The.Evidence was summed up by Mr. Justice LE Bhanc. I ae I ‘Gentlemen of the Jury, re I THIS is an indictment, varying in the form of the charge, — from any which’ has yet been brought before you. The others ue Blanc's have been either for breaking anti entering a house in the night ilies time, or other violence done to the house. - This charges the three’ prisoners at: the bar with putting Jamés Brook in fear, and taking from his person, and against'‘his will, - several articles: mentioned in the indictment; ‘a watch, a pros tnissory riote for the payment of money, and two pieces of silver coin, that is to say, a shilling, and ,a silver token for three shillings, his property: And there is likewise what we call another count in the indictment, not stating this expressly to have been a taking from the person, but a stealing of the property in the dwetling-house of James Brook, he -being in the dwellf-. ing-house, and being put: in fear. The charge is in the manner of laying it, to accommodate it to the circumstances which may afterwards appear in proof. With’ réspect to ‘the aature of the offence, it is the same’; for, whether fhe property . of ‘the maii is‘taken from his person, and whilé it is ‘utider bj immediate ‘protection, by force and violerice, or by putting him Yo ‘fear ; ‘of whetlier itis taken ‘out: of his dwelling-housé at the time he is-in his ‘diyelling-house, and put in fear, though the ‘property may not be immédiately under the protection of his rsoti, yet still: it‘is-equally protected by- thé ‘law,: and it is made a ¢apital in the pet'sohs-who so take'the propetty. ‘The question for you td determine will be; whether the evidence brings it within-the charge; either ‘as’ taken: inimediately’ from his person, so as to constitute what’ is more ‘proberly: called & robbery from the persoh, of ‘as taken from his dwelling-houst, hee being in feat. "at em

a ! . 5 ww 2. eel, : wo foe Da ib we La aye! Cc ¢ . a

Beg et The a ana ta

Page 212

Mr. Sustice Le Blane’y Senming

Up.

194 THE KIKG AGAINST The evidence giver by James Brovk is, that he Fives in the parish of Huddersfield, near a place called Far Town; thut on a Sunday night, which was the 29th of November last, about ten o'clock, be was om the outside of his house, near his door, and that some persons, he carmot say how many, but he believes four, came up to the door to him, and asked him whether he had gotagun. He told them that he never had one. ' One of them said, that they knew he had a pistol. He told them he had one, but it was nothing good to, meaning that it was worth nothing, and ofno use. ‘They were all of them very vear him, they bade him walk forward into the house, and upon his doing 's0, they fotlowed him into the house; they had pistels in their hands, and, according’ to his expression, challenged to shoot him, meaning, I suppose, that they threatened. The witness says, that they said they wanted a pound or a guinea, or else

_ his life they wauld take; that he thinks the man, whom he

calls ‘James Hey, who stands at the bar, was the man that demanded the pistol ; that he told them he had mone, and then the same man, who he thmks was Jfcy, sweve he would make

- him find one, shoved him into a chair, and told him he must

ook the fire; that he accosdingly did so, and that wards the man, who he thinks was Hey, bade him go up stairs. gad find them the pistol ; and that he accordingly went up, and two of the other persons went up stairswith him; that there wag a candle in his house, which was alight; that these men hed handkerchiefs over their faces; but he says, that that one man, whom he thinks to be Jiey, frequently pulled the corner of the handkerchief away ; that he had an opportunity of seeing bim at those times, while he was in the house, and when occasionally the corner of the handkerchief was pulled up, and that be saw him afterwards before Mr. Radclitfe, the Magistrate. Tlen he says, that when be went up stairs as they had bid him do, and ave one of them his psstol, they had their pistols in their ands: And them he mentions this circumstance, which ig

-

mentioned by nebody but himself; that his children. were in

ded up stairs, and that they were daunted by people coming. up, and cried out ; and that one ef them, who he thmks wag Hey, pale back the curtaia, and put his pisig] towards the children, saymyg, that he woald blow them to pieces if they werg not quiet. . They would not have his pistol, for it was goud for nothing, and bade him go down stairs; they also went dows Stairs, and the same man, whom he catls Hey, ordered him to net a cupbeard which was there. The witness would open it, but he told his wife that she might open it, and she accordingly opened it; but Hey had first told him that 4 he die Mot open it, he weuld blow. his head off, amd the witness told him he hoped he weuld net de it. When the cupboard was wnlocked, the same map bade him pull out the drawer; the

witness said he would not pull jt owt, but that if Hey Chose he

. I might.

Page 213

JAMES HEY, AND OTHERS. 495

rmMight pull it out, and accordingly anuther of the men, he does aot know which, pulled out the drawer, and Hey took out a pound note of same Bank or other, he does not know what Bank was, and a three-shilling piece, and one shilling. Aad thea (that is the man who-he thinks is Hey, for upen a subse- quent part of hig examination, however in furmer parts he may

nave spoken of him with more or less of certainty, the come

clusioa which at last he comes to is this, that fram what he

then saw of him, and what he saw afterwards, be believes it

/was the prisoner Hey, but that he will not undertake to speak positively ¢o his person) afterwards told him he had a good mind to biow his head off, for telling such a confounded lie qs. that he bad no money. Being asked the reason why he bade -bis wife open the cupboard, he says ‘the reaboa of it was, that they tald him they would kill bim if be would not open the door, They told him te keep within the doors two hours, or that he weuld certainly be shot. He then gives aa account of .@ watch of his, that was banging at the face ef the clock in his

. Mr. Justice Le Blanc’s Summing. Ue

-bouse, when these people first cume im. He did not eec it —

takea, but in about an hour and an half after they were gone he found the watch was missing. He says, that .he himself bad never seen, to his knowledge, either of the prisoners befote ; he had never seen the prisoner Hey before that night, that -he thinks he was the man, but he would not wish to be certain; _ go that the result of his evidence, as I have stated, is, that he does not wish to be understood as speaking with Certainty, but unly as axpressing his opinion that be was the man. -

This is the account of the commission of the offence, as ‘etailed by the prosecuter Brook ; “and according to these

circumstances there caa be no doubt as to the ndictment ,

applying itself to this property of his, which was s0 takey. Although he himself or his wife may have opened the doar of the cupbeard, or the drawer, yet when his preperty was taken by. men coming with arms ia their bands, in,the magner describes these persons ta have come, at that time of night, pointing their pistols at him, bidding him go iato the , house, Threatening hit at different times, and asking bim for his arms and his money, it will be a question to be submitted to you, but apon whieh, I there can be very little doubt, that this property was not parted with willingly by but that it was in consequence ef fear inspired into him by the number of persons who came that night, by the arins they bad, und the language they used, And, if so, whether the cupboard door was opened by himself or by his wife, or the money was taken out of the drawer with his:-own dand and piven to them, it would be a taking in his house, he put in fear, and net a voluntary giving. Of this there asa be very little dowht under "Ges she has stated; c3 -

6

Page 214

"Mr. Sustiee ‘Le Blanc’s Suaming

8p.

166 - - THE KING -AGAINST : and that will bring it to the question, which I apprehend is the real question, how far the evidence in the case ‘shall satisfy you, that the three prisoners at the bar, or any, and which of - them, were the persons whe were concerned in the robbery “which was committed. As to that, you have in the first “Instance, by the evidence of the man himself whose property “was so taken, nothing said with respect to two of the prisoners; “but as to one of them, Hey, he describes the manner in which ‘he was ‘partly concealed, having a handkerchief over his face, ‘and the opportunity he had of occasionally seeing his’ face,

‘and his belief that he was the man, but nothing more than-his

belief, as he wishes not to speak with certainty.

Then they eall Joseph Carter, who states that he was-one

of the four men who went to this -house that night. He

“that on a Sunday night, in the month of November, he met

‘the three prisoners at the bar, Fames Hey, Crowther, I ‘and Nathan Hoyle, at the top of a wood, called Bank House ‘Wood, néar Skircoat; that they met by appointment, for the “purpose of going to take guns- and money, at a@ place called

Town; that Hey and Crowther had been and and

-Hey told them of sore places near there, and they went te

“those places; that they first met that: afternoon about three ;

‘that the place called Far Town might be four or five miles off; ‘that James Brook’s was one of the houses they went to ;. that vit was after dark when they went to his house ;. he cannot say what hour it was;- but being asked whether it was before twelve o’clock, he says, ‘‘ Oh, yes, it was before twelve

o'clock.” Then he says that Fames Hey, Foseph Crowther,

‘Nathan Hoyle and himself, were the four persons that were “there. He understood from the prisoners, Hey and Hoyle, ‘that they were to have been met by two other persons, ‘namely, Edward Crowther: and one Mitchell, at the place ‘from which they started that night, namely, Bradley Lane,. “but that Edward Crowther and ‘Mitchell did not join them at

- -Bratlley Lane; that upon not .finding them there, he says

‘Crowther said, As we are come sg far, we must ‘not lose ‘our labour, but we must try for ourselves ;” and that they ac- ‘cordingly went ‘without those two companions whom they ‘expected to have met there. He says as they were going up ‘a field, there was aman ina garden, and they asked him if

_ ‘that was not a farm-house, and he said it was; that upon

‘that Fames Hey demanded the man’s¢zun ; he said he had-not “one, except an old piece without a lock, which would be of “no use to:'them. According to the account Brook himself ‘gives, the people’ asked him whether he had a gun, and he ‘he had not one, and he told them he had a pistol, but that it ‘was good for nothing, The account which Carter gives is, that ‘they met this man, and asked him whether he had a gun, and be ° 6 6a)

Page 215

_

JAMES HEY, AND OTHERS. 197

_ ‘said he ‘had none, excepting an old piece without a lock, which

“would be of no use to them; and that the prisoner Hey wished LeB

‘him to let them look at it. Carter then says, that the man

‘had gone into the house upon their first demanding his arms; .

‘and he describes the other three men, who he says were the ‘prisoners’at the bar and himself, as all armed with pistols’; that the man went up stairs; that the prisoner Hey and the ‘witness Carter followed him. up stairs, and that the man

-shewed a-gur to the prisoner Hey, who said that it was nothing

good to, that is, it was good for nothing. According to the

‘account given bythe prosecutor Brook, he shewed therm —

. ‘a pistol; the one speaks-of it as a gun, and the other as a

*pistol. The witness Carter says, that upon that they said ‘they would have money to buy one; that the man turned down stairs, and said he had got no money, and that they “began to search, and found a note ina small drawer, near the -door in the house-part; he thinks it was in a cupboard, but he “is not certain whether the drawer was in a cupboard, or let

‘into the wall; that they took from thence a pound note and

‘a. few shillings in silver. He thinks that the prisoner Joseph ‘Crowther was the man that first found them, and then gave -them to the prisoner Hey, and that Hey took them. After ‘they had done this, they told the man of the house a guard

“would be set round the house for two hours, and that if he stirred

out within that time, he would be shot. That is the account ‘of the transaction as given'by Carter, who was an accomplice,

‘who says he was-one of the persons who were there; and though _ you will observe that it agrees in some of the particulars with —

‘the account given of the robbery, as to the things taken away, ‘and ‘the arms demanded (except that one‘talks of 2 gun and the other of a pistol) with the account given by James Bruok,

“yet in some of the particulars it varies, and Carter either was .

‘not witness to, or he dods not at all speak to some of the ex- ‘pressions ‘and some of the circumstances which are spoken to -by Brook himself, and particularly with respect to the children, ‘not a word of which is mentioned by Carter in his account.

Then Carter says, that after they had gone ‘from the house, the

prisoner Crowther said that he had taken a watch from

‘that that was the first time that they knew the watch had been taken. James Brook, the man who was’ robbed, says there was a watch hanging up; that he'did not see it taken; and that it was not asked for, but. that he found it was missing. Carter says that they none of them knew the watch had been

“taken till they had gone away, and then the prisoner Crowther told

them he had taken a watch from that house, as well as another . watch from another place; and he says, that. watch, which Crowther so said he had taken, was given to the prisoner ‘Nathan Hoyle, as part of ‘bis share’ of: the plunder’ of that

might; that they ehared the plunder they had taken that night bra .

\

ns Jn

Soaming ap. :

. » +

Page 216

. Spstios

oo, ¢ 198 , - JHE KING AGAINST - and that bis (Carter's) share came to fifteen pounds; and that . ajeogether there were four of them went.into this house. He — describes himself as having been concealed, in a certain degree, ‘by a handkerchief tied over the lower part of his face. lke ‘says that James Brook was in the hanse-part when they searched, and be (Carter) was in the room with him; they ‘were ull searching, and be himself was searching among the rest; that there was a candle (which Bronk says also) but he does not believe that that candle was very near where they took the note and the money from; that he himself did not sce the note found by Hey, but Iicy told him Crowther found it; that he

was neur at the time; that they. did not stay in the houseabove _

@ few minutes, and that there was a fire in the bouse as well aw acandle. He describes Hcy the prisoner.as having a hand- kerchief over his face, not tied in the way his own was over the - lower part of his face and his mouth, but in the way that

‘women sometimes tie handkerchiefs over their beads, as a

gap or eomething of that kind; and he says that Hey’s band- -kerchief was never removed while he was in the house, that he saw ; that thete was not a corner down his face, but there was a whole handkerchief, of which a little came his face. < He then says that he himself was taken upon suspicion, and

‘thep he thought he would tell all about it, having some little

hopes (which was be expression), meaning that he had some little hopes of savirig himself; and he admits that he did not

tell it till then. This is the account given by Carter, who is

‘in every sense an accomplice; and the question with respect to Aim is, how far that account tallies with the narrative of the transaction as given by the other witnesses, so that you cap be satisfied that in the main of his accoynt he tells you the truth. , °F wo. I > They next call two other persons, who were gat concerned in the robbery, and bad no share in it; the two persons @.luded to by Carer, as the men who were to have met them at the place from whence they started, tv go upon this expedition that night, but who never came to their appoint- gauent, never were at the place, and never partook of any of the booty. ‘The first of them is Edward Crowther. He:says he

Jives at Skizcoat Green; that the prisoner Joseph Crowther is

go relation; that be hus known the prisoners James Hey and. Wathen. Hoyle within a late while, that is of late ; that the prisoner Hey asked him artd.Jonas Mitchell, who is a mechanic,

_ to go out with them that night; and that the object of his I

ing him to go out was, to receive or get some property to tter their circumstances, by going. into people's houses, and plunderiag then. Such he says was the application that cy made to him and Mitchell to meet them that night, and at does not appear that he then spade any great er Bad any scruples in consenting af the time to. be of the pane 3 er

Page 217

° JAMES HEY, AND OTHERS. 199 For he suys that he. fold him. he would. mcet them.. He Mr justicd @uys, that on a. week-day, befom. the Sunday when this was le gone, Hey had told him they had: rus over theic country, that Sewiming is, the country in the neighbourheod just whereabout they lived, and he thought there was a very nice place ‘near Fe , Grieve, that is, it was a place; that he understood the — place they pointed at, and said it was a pity to go theres 4 was 2 widow house who was getting her livelibood, and it was a pity to go and deprive her of. her property, and he painted out to them some other place ; he does not guy ‘what. He further says, that on the Sunday, in the evening of which this act was committed, be (Edward Crowther), the . Prisoner Hey, and the prisoner Nathan Hayle, together with Jonas Mitchell, were taking a walk soon after dinner, .having _gined at about twelve; tha. the prisener Hey told him he paust be sure to attend at Bradley Lane, at seven that evening, ta ge and plunder those houses they had been talking of He says, that no mention was atthat time made of any pary ficular house they were to go to, but a house of Mr. Waller's; 4hat after this conversation, he and Jonas Mitchell separated, pad returned hame, aud they did not go that aight to Bradley Lane, to keep the appaintment ; they. did not meet them there, fut they weat part of the way with a brather-of one of thens ead a child, to take a walk. He‘adds, that the next day, at in own be saw James Hey, when dey tuld him they hag yun tu a many places, and cursed him bard for not caming te Bradley Lane; and then he says he (the wituess) threeped it * down, that Mitchell and ‘he had been at the place appomted; hat is, that. when Hey came tv upbraid him for not having Kept the appointment, ‘he threeped it down, or insisted, that they had gone, bat had missed of meeting them. He says that, in fact, they-had gane with his brother and a little child part of the way, but they had not gone to Brddley Lane end. te says, that -Heg told him: they had'fouhd better piaces ia the dark, than they had. set dut to lopk for in the ght, “ang that got 4 dedl‘ofmonéy: th a few days after thathe saw-the prisoner Nathan Hoyle, who then observed to the witness, thatthey wot been there; ‘he. had, and that they had made great blunders (by which ‘the witness -understood ‘that ‘they: had tumbted’ about) in” poin through so many places in the dark. He is then asked ‘par- . tievlarly, whether the:had been of. those different parties tra- velling about in the dark... He says “he bad not; that he did wdtlike to venture to-takeother: people ¢ property, and that he did not: telt of ‘thts beivre- he ‘was taker up, because he hed held evt to him; though he knew, aceordmg atcount, whet:was going on, and had had conversation I beford- hand, as to the honses they meant to ge to, and go en, he'says . ‘he joingd them. Le says he was-takenswp =~ Fi ae ° a . on

.

=

Page 218

“Mr. Justice

i

200 ° THE KING AGAINST on suspicion of this transaction, and that when he came before

' Mr. Radcliffe, he told the whole to him at once; and he posi+

tavely says, upon his oath, that he never had been concerned

' im committing these offences, and never was present .at

the commission of any of them.

The next witness is Jonas Mitchell, the person referred to es having made the appointment with Crowther to meet them, He says the same as Crowther stated, that in the end of November, on a Sunday after dinner, Nathan Hoyle, Fames

Edward Crowther, and he, were together; that Hey

‘was the time or not. I

proposed, that they should meet that evening at Bradley Lane, ‘at seven to go and plunder houses, but he does not — recollect mention being made of any particular houses they were to go to; that he and Edward Crowther did not go, but they went a part of the way with a brother, and then turned eff, and that he saw nothing of any of the prisoners that night; that sometime in the next day, whilst he was at work at Copley Mill, Hey came to him, and said they had had a rare — good do the night before, but he never told him what he had got $ he only asked the witness, why he had not met him, and the answer he made was, that they had been there, but had missed them. He says that he understood the officers had come to his house, to take him up, and that he went himself to them; and when he came befure the Magistrate, he told all that he knew about it. He is asked as to the time, and he says he thinks they were taken up a piece of a week after ‘the Sunday when this was talked of, but he is not quite certain whether that

The next evidence is that of Mr. Allison, who acted ‘as

_. elerk to Mr. Radcliffe, for the purpose of taking the account of

what the prisoners themselves said before Mr. Radcliffe; and this applies to the examination of the prisoner Crowther.

. Mr. Allison says that he was present when the prisoner

/

_ Crowther was examined before Mn Radclifié, and he produces

his examination taken ia writing, which he says was taken from the accouut*he gave, as read over to him after it was taken down, was signed by Crowther himself willingly, without any. promiees or threats being used, and then signed "by Mir. Radcliffe; sa that it is an account voluntarily given by . -Tbe part, which it is material to state to you, of, the exani- mation of the prisoner Crowther, is this: . *.When we had done ‘Abere we went to another place. ‘As. we came to it, James. Hey ‘said, this is a likely place, and it will pay the two men who have met us: -We* went in, and demanded a gun firsty -he said he had none, nor a pistol; we then demanded a. pound note, he said. be had-not one; he shewed.an old gua, but they would not have. it, but upon ‘baving.® pound noid te ° : cr

‘ - q . . Lo

bu 4

Page 219

JAMES HEY, AND 201° then searched in a cupboard, and found a pound rote of some- Mr. Justice ‘thing, but 1 do not know what, and some silver ;”—-theri after- Le Blanc’s wards hé says when we were at James Hey’s he turned out ‘all he had, and we divided it; we had about thirtcen pounds ‘apiece.” This is read, you see, for the purpose of giving ah account of what the prisoner Crowther himself said, and that ‘you may sée it talliés with the account of the man who was tobbed, and the account given by Joseph Carter, who professes _ a ‘himself to have been an accomplice, and to have been present ‘at the time. So far as Crowther’ may mention the name of any other prisoners as being there, of his cannot ‘affect them; it can only affect himself, shewing he had been there; and with respett to himself, what a man says when he is supposed not to be talking idly, and when he is beforea Magistrate, and is aware that what he says may be used against him, is strong evidence against himself; but what he says charg. ing any other persons, otight not to be used as evidence against those other persons, because it is no admission on their part. He says not only that he was present at this house; the robbing of-which he gives an account of, but he speaks to their having demanded a gun first, which the man denied having, of a# pistol; then their demanding a pound hote, and his saying that he had none; his shewing them an old gun which they ‘would not take, and their insisting upon having motiey; and then taking a pound note and some silver out of a cupboard, and that afterwards they divided the plunder, and he had about thirteen pounds for his share. ‘This is the evidence, -Gentlemen, on the part of the prosecution.

Two witnesses have been called to speak particularly to the character of the. prisoner Hey; the one is Mr. Robert Thomas Bradbury, who lives at Copley Mill, which has beer mentioned to youas the place where one of the persons was working. He says that he has known the prisoner Hey, for three years ; he knew his father and his family long before, that the father is ‘a re- putable man as any in the county; that he does not know so much of the son, but that he never heard any thing amiss of the son till these transactions took place.

Then Stephen Broadbent, a2 woollen manufacturer, in whose employ the prisoner Hey was, is called. . He appears to have known much more of the father than of the son. He savs he hag known him from a child, and that he never knew any thing bad of him’ till these &ahappy times. That is the ac- count which has. been given of this man Hey. As to the others, . they,say that whoever they bad that could have spoken to their characters, are gone away. ‘ I It is tpon this evidence you ‘are to You will com- pare the account, given by the man -himself who was -robbed, transactions which took place that in Dd ° your

Page 220

Mr. Justice Le Blane's Summ ing

ep.

202 FUE KING AGAINST - your mind, that he speaks only to four persons being there, not being able to syeak at all to the person of any one of them, except that of IZey the prisoner. He has given you an account of what part of H s countenance he had an opportanity of seeing during the time he was there, and of his belief upon the subject from what he observed, but he wishes not to ex- press himself with certainty. ‘Shen you have the account of

Joseph Carter, who was, strictly speaking, an aecomplice is

this fact, who professes to be one of the four, and who has re- lated the circumstances which, passed that night, which you have had an opportunity of comparing with the account given by the man who was robbed, andof judging from that comparison, whether the account he has given in other particulars is a true account, se as to be induced to believe that he is speaking the truth im other circumstances, and to rely upon him w he states who were his companions. The next specics of evidence is that of Edward Crowther and of Mitchell, whe were not partakers in this robbery. According to their account they were not present at it, and could not bave been included in this indictment, : They had been solicited to meet thas night, not-for the purpose;of going to apy particular place, or of committing any particular felony, but for the purpose ¢ sctting off from theace upon a plundering expedition; for it seems as if.they were going into a particuar part of the coun-

‘try, but had not marked opt the particular houses they were

going to. They failed in keepmg that appointment ; whether their hearts fuiled them before they came there, or what it was. that diverted them from it, we do not distinctly know ; but they

‘say they.had been solicited by Hey anc Huyle, with whom they

had taken a walk that same Sunday, and had consented, yet. they never went, They speak to Hey and Hoyle as the persons who had agreed to meet them that night at Bradley Lane end, and they further add the account which the same persons gave them the nex dey or the day after. ' One of them speaks to Hey having called upon him on Monday, and accused’ him for nothaving joined them the night before, and giving him ay account that they had had good luck, and that they had found better places: in the dark than they had set out to go to in the light. ‘ And Edward Crowther speaks also to Nutken Hoyle, the other prisoner, in a few days afterwards eoming and telling. him that he had been there, and that they had blundered in going about amoug these housee in the dark. Mitchell speaks in the same manner of having seen them the day before, when they made the appointment to go tegether; he says they never met, though they set out to go there, for that they went to Edward Crowther’s instead of going; and he says that the: next day, Monday, Wey came to him at the mill where he worked, and told him they had had a rare good do, but tke to

Page 221

MOORHGUSE AND ANOTHER. 408

¢old him what they had got. He does not speak to any con- Mr. Justice versation either with Hoyle or with Crowther. Le Blenc’s _ You, Gentlemen, will consider this evidence, and will see up. ms bow far you are satisfied that it sufficiently applies to fix either of the three prisoners as being three of the four who are spoken of as having committed this robbery at Brook's hause ; for that it was a robbery, under the circumstances falling ynder one or both counts of the indictment, there is no dgubt. ‘The onl uestion.is, who were the persons who committed it. If you tre satiafied that all the prisoners were guilty, you will find them all guilty. 1f yon are satisfied as to some, and not others, you will.draw the distinction.

The Jury retired at twenty minutes after twelve, and returned in five minutes, finding == I I James Hey. - + - Quilty. Joseph - + Guilty Nathan Hoyle - - Guilty.

THE Prisoners were arraigned, and pleaded Not Guilty, to an Indi€tment THe Kine charging them with Burglary in’ the (: against Dwelling House of William Savage, at ( David Muorhouse & Kirk-Burton, on the 11th of June, and I ©. John Smith. ' otealing divers articles - 7 : Mr. Park.- Muy it please your Lordships ; Gentlemen of the Jury, I do not give my-learnéd friend, Mr. Richardson, the trouble. of repeating the summary of this indictment to you. This id the last indictment before their Lordships and you for 4 felony, upon which I mean to proceed. But ! do not mean to. give any evidence upoh it. And I have reserved this to, the last, that hot one word I state to you might be supposed to influence the conduct of yourselves or any other jury, upon the trial of any other felony. I have been extremely anxious not to put any person upon. his triel for go serious an offence as felony, - I without at ldast believing, from the documents laid before me, that there was a probable ground of conviction. With respect to the meu at the bar, although [ think there wds a strong ground of suspicion against them, the result of my fair and ' Ronést judgment is, that probably, after a considerable length of time consumed in their trial, the termination, in their Lotdsbips’ judgment and in yours, would be a verdict of acquittal. — I I I “ . Gentlemen, I have no more cases of felony to bring before - you. In the name of the Country, J thank you for your attend- ayce ; it has been a molt painful one, undoubtedly: But I bepe ee oy ee and

f

Page 222

304 THE KING AGAINST - --

and trust what has been done here will restore peace and comfort to this deluded county ; and that those within these walls, and all, in every part of the kingdom, to whom the account of what has passed here may come, will be induced to abstain from the commission of the like offences ; and will be satisfied, that lives of honest industry are far preferable (considered even in a tem- poral view) to lives of rapine, violence, and against their neighbours, and to the assassination of honest and inho- cent individuals®

Mr. Justice Le Blanc-—Gentlemen, no evidence being offered against the prisoners, you will find them Not Guilty. _

The Jury immediate] y acquitted the prisoners.

THIS Prisoner being indicted for a Mis- demeanor, in having incited two persons, on the 5th of September, to blow up the Mill of William Cartwright at Liversedge, traversed the indictment, and was discharged on bail to try his traverse at the next assizes.

Tue Kine against

James Starkey.

NRE

Mr. Park. —My Lords; There are still remaining in’ your Calendar, seventeen prisoners, who stand capitally indicted for different offences. Upon looking through a list of their cases with all the accuracy in my power, assisted by my learned Friends, I discover that three of the ringleaders in all those offences have already suffered the penalty of the:law; and two others of those, who are involved in some, of these indictments, have also been capitally convicted; I will fot state theiy names, because I wish to create no prejudice.

‘J further observe, that two others of those persons were ac-

quitted upon a former trial on Satyrday nfght, but I do not think that that circumstance ought to influence my judgment upon the present occasion, so as to render it my duty-to put them upon their trial again. But, inasmuch as I consider that those whose cases remain, including the two who were ac- quitted on Saturday, have been to a considerable degree the dupes of designing persons, and have been led on by “the five persans to whom I have alluded, Iam ip hopes that I shall not be doing wrong in permitting them to be discharged on giving bail to appear at apy time when ‘called on by the Crown, Apd J] do’ assure your Lordships, that if they will conduct themselves as honest and industrious subjects, they never shall be called pon. - - I trust that we shall very mate- rially benefit this county by the course we have taken, and. that this apd Haran an the par of the Crown (for $a

Page 223

JAMES VARLEY, &c. &e, &e. 40

eo the prisoners must consider it) will have a powerful effect on their minds.

Mr. Baron Thomson.—It must be entered as done by ap- plication on the part of the Crown, and the consent ‘of the prisoner’s Counsel, nagning the Counsel, and of the themselves. ae

THESE Prisoners, together - , with George Mellor, Thomas ‘Tux Smith; Wilham Thorpe, Jonathan Ss ] Both. Dean, and John Walker, were Georve Brook Dal . indicted for having on the of Georce Lode "% alton, February last at Lindley, broke Sci 4, seven Shearing-frames, twenty- shua Sciofie four pairs of Shears, and one Shear-board, of John Hirst, being tools used in the making ef woollen- goods, contrary I to the Statute 22 Geo. III. ‘c, 49. -

Thesame nine persons, except Samuel Booth, were also ind icted for a similar offence against the togls of James Balderstone at ‘Pinthwaite, on the same dey

Tne King . against THESE Pr’ isoners, together Fames Varley, with George Mellor,were indicted Joseph for ,burglariously breaking the George Brookes, Dwelling-house of William New- George Beaumont, - ton-at Foolstone, on the 18th of Abraham Armitage, May, andsteeling threeGunsand |. Samuel Haigh, one Bayonet, his property, Benjamin Hinchliffe, I Fohkn Taylor, & Robert Fitton.

THESE Prisoners were ine I a ee dicted for burglariously breaking I the Dwelling-house of Joshua James Varley, Brook at Wooldale, on. the 1st nes 1 HOrnton,

. of May, and stealing one Gun se a I

and one Pistol. George Brovk

THE above named seventeen Prisoners, being set to the bar, respectively entered into recognizance, each with two — sureties, conditioned that they should appear and answer to the indictments found against them,.at the next: Session of QOyer and Terminer and Genera! Gaol Delivery for the County. a "Fork, after they should be thereunty requjred by the Crowns an

Page 224

208 ' SENTENCE UPON THE end in the mean time should keep the peace, and be of good

behaviour. a amen ee ema

- Foreman of the Jury.rMy Lords, the Jury wish to know whether their services are dispensed with ? Mr. Justice Le Blanc.—The Court will be able to dismiss you, Gentlemen, from your attendance now ; but it will not be in the poyver of the Court to discharge you. If any circum- stances, during the time limited jn our Commission, should Tender it necessary to call you together again (which will not be done, unless there isysomething creating an immediate pressure) you will have notice. You cannot be absolutely discharged ; but we trust there will be no further occasion for

‘the exercise of those duties which you have so well discharged,

‘Bir. Baron Thomson sats of Trans- portalion.

~ PAA AD . THE Court then proceeded to-pass Sentence upon th prisoners convicted; beginning with the minor offences. I . My. Baron : “ Fohn Eadon, Fohn Baines the elder; Charles: Milnes,

Baines the younger, Wm. Blakeborough, and George

Duckworth, you, the several prisoners at the bar, have been convicted of an offence, which the wisdom of the Legislature has made a felony. You, John Eadon, arid Yohn Baines the elder, are convicted of having administered to different persons an unlawful oath, an oath tending to bind the persons taking it (and intended by yuu that it should so bind them) to jom in @ society of persons-to disturb the public peace, to observe secresy in that association, and never to declare should know respecting that-confederacy. You, the other-four

prisoners at the bar, have been convicted of being present,

aiding and.consenting to-the administering of that unlawful oath

by the prisoner Fohn Bairtes the elder; and your offence is of

the same degree aa that of the man-wheo actually administered thatoath. «| I

“ Tn the course of the very serious investigations, about

which we-have been su long employed in this place, it has

but too plainly appeared what have been ‘the dreadfud effects of such oaths so taken. They certainly have been the means of inducing many unwary persons to enter into these illegal associations, and to cuntinue in them; the effect é6f which associations and of which engagements in support of — them, hds been such as we havé unfortunately witnessed in the evidence laid before us in the course of these enquiries 3 they have tended to the disturbance of the public peace im the Most populous manufacturing -part ef this county; they have midueed large bodies of: men to enguge in the most tumultuous mo I proceedings,

1 “ \ /

Page 225

CONVICTED PRISONERS. 209

proceedings, to attack the houses, plunder the property, begin I

to demolish the mills, and to dest:oy the. machinery employed in those mills; nay, they have had the effect of going much further, and have even induced persons to proceed to the horrid crime of murder. Strictly speaking, the administering _ of these oaths does not make yeu in law accessaries to those -effences ; but still they must be heavy upon your consciences, if you have any sense of right or wrong left.

“ You, Join Eadon, seem to have been long practised in sc administering these oaths. To the person to whom'you administered it, you gave instructions to get that oath by heart, that he might qualify himself to be the administrator of it; and to a person who called upon you shortly after you had so administered that oath, you fully explained to what it was _ ‘intended to bind the parties, not serupling to admit, that the _dntention of it was to overturn the very Goverament of this Country.

“ You, Joker Baines the elder, have made it your boast that your eyes have been opened for three and twenty years; aad you also declared your sentiments with respect to.Government, and with respect to no Government, plainly, according to. what

we have collected from the evidence, preferring anarchy and I

¢onfusion to order and subordination in society.

“Such is the offence of which you, the prisoners at thé bar, stand convicted; and the punishment which the Legis« has provided for that offence is certainly not a severe one, if we consider only what a profanation of religion it is to make such a daring appeal tothe Almighty to witness your - désperate engagements, and what are the horrid consequences: that follow from it. If the offeice committed by one of you, that is, by John Baines the elder, of administering this oath, had been committed only two days later than it was, the administering of that oath would have amounted to a capitat felony ; for the Legislature, seeing that the punishment was tardly sufficient for offences of such magnitude, have enacted, that to administer any such outh, whereby a person is held bound to commit any murder or other capital felony, shalt ‘itself amount to a capital offence. That Act of Partiament, however, did not take place till a day after you had ‘this offence. ' : “ Under ali these circumstances, ‘we feel it our duty to pro~ nounce that judgment upon yeu which the Law has provided, ‘and in the extreme in which it is provided. The judgment of the Court upon you, the prisoners at the bar, is, That you ‘be severally transported beyond the seas for the term:of sevem

yo

pS

\

Page 226

Mr, Beron Thomson

of Death.

508 ‘SENTENCE UPON THE

THE prisoner’ capitally convicted being next put to the bat, and asked what they had to say, why of Death should not be passed upon them, prayed that their lives might be spared.

Mr. Baron THomsox :

Fohn Swallow, Fohn Batley, Foseph Fisher, fom Lumb, Fob Hey, Fokn Hell, Wiliam: Hartley, Fames Hey, Fosepk Crowther; Nathan Hoyle, Fames Haigh, Fenathan Dean, Fohr Ogden, Thomas Brook, John Walker, you, unhappy prisoners at the bar, stand convicted of various offences, for which your lives are justly forfeited to the injured laws of your Country. You have formed a part of that desperate association of men, who, for a great length of time; have disturbed the peace and tranquillity of the West Riding of this county. You have formed yourselves into bodies; you have proceeded to the most serious extremities against ‘the property of many individuals. The cause - of your so associating appears to have been a strange gelusion, which you entertained, that the use of machinery in the woollen manufacture was a detriment to the hands that were employed in another way in it; a grosser delusion never could be enter- tained, proceeding probably from the misrepresentations of artful and desiguing men, who have turned it to the very worst purposes which riot and sedition could produce. You have proceeded to great extremities. The first object, perhaps, seems to have been. that of your procuring arms, in order to carry on your defigns. With that view, it seems that some of you went about inquiring for such arnis at different houses, and getting them wherever you could find them. :

- ,* But not stopping there, and not contenting yourselves with I getting what arms you could lay your hands upon, yeu pro- ceeded to plunder the habitations with a great degree of force, I and took from them property of every description,- which you could find in those houses. An offence of that nature is brought home, and sufficiently established against you the prisoners John Swallow, Fokn Batley, Foscph Fisher, Fohn Lumb, Fob

_ Hey, Fohn Hull, William Hartley, James Hey, Joseph Crowther,

and Nathan Hoyle... a I . “ You the. prisoners, Job. Hey,’Fohn Hill, and William

_-Hartley, did upeh the occasion, when you went te the house of your prosecutor, carry away certainly nothing but arms,

Lut you carried them away with great terror,.and under circumstances which were sufficient unquestionably to make him deliver what he had. The other prisoners, whose names I have last recited, have been concerned in bre&king a dwelling- house in the night time, some of them getting notes, money,

and other things; andthe last prisoners, James Hey,

. Crowther,

Page 227

‘CONVICTED PRISONERS. dog

_ Crowther, and Nathan Hoyle, for robbing a person in his dwell-

ing-house. “ The evidence, that has been given against you all, was too clear to admit of any doubt; and you have all been convicted of these offences upon the most satisfactory evi- dence.

“ You, the other prisoners, James Haigh, Jonathan Dean, Fohn Ogden, Thomas Brook, and Fohn Walker, have been . guilty of one of the greatest outrages that ever was committed

‘an @ civilized couatry. You had been long armed and or-

you had assembled upon this night, when the mifl of Mr. Cartwright was attacked; you had assembled at the. dead hour of night in great numbers; you had formed your- _ selves into companies under the command of different leaders 3 you were armed with different instruments of offence, with guns, _ with pistols, with axes, and with other weapons; you marched in military order and array to the mill, which was afterwards in part pulled down; you began there your attack with fire- _ arms, discharged into that mill, and kept up a most dreadful fire, and. at the same time applied thé instruments, which you had brought there, of a description calculated to do the worst of mischief, in beginning, to demolish the mill, intending, as it is obvious, todo also mischief to and to demolish the machinery which that mill contained. The cries and exclamations that proceeded from this riotous tumultuous mob thus assembled, of which you formed a very powerful part, were such as were enough to alarm a man of less firmness than that man pus-. sessed, who was the owner of the mill so attacked. Your cry was, “ Get in, get in, kill them all;” and there is but little

doubt, it is to be feared, that if you had made good your entry into that mill, these threats would have been put into

execution, and that the mischief done would hardly have been confined -to the machinery which was there; The

courage and resolution, however; which that individual dis-

played, had the effect of making you desist at that time from

the attack, and two of your wretched companions paid the

forfeit of their lives on that otcaston. .

“It is but too manifest that it was the defeat of you and your other wicked confederates, that afterwards occasioned that fatal attack upon the person of another ‘gentleman, by I which he was assassifated and murdered: it was upon thae occasion that the plan of that assassifiation was laid, and too fatally put into execution. The persons immediately con- cerned in that murder have suffered the punishment which the Law inflicts, and a similar fate is about to await you, prisoners

at the Bar. .

“ There is one of you, John Lumb, who have received a recom- mendation from the Jury in your favour. A discriminating Jury \ Be I thought

Page 228

16 I SENTENCE. I theusht that they have seen circumstances in your case, which distinguishe ed it from the case of the rest of your fellows in that indictment; and they have, in their wisdom, recominended ‘vou to mercy. It is possible that that mercy may be shewn ‘to you, upon a representation elsewhere, and it is possible that your lite may be spared. Whatever becomes of you-after that, it is to be hoped and trusted, if that mercy .shuuld be extended.to fou, that you will make a proper use of it.

“ For the rest of you, prisoners, I wish Iconld discover any circumstances in your cases, that would at all warrant us in raising an expectation that the sentence which is about ‘to be pronounced can be mitivated. {t is of mfinite importance, nowever, that no mercy should be shewn to.any of you, the other ‘prisoners. It ig of importance also, shat the sentence. of the ‘Jaw for such evil works should be very speedily executed ; and ‘it is but right to tell you, that you have but a very short time to remain imthis,world. Itis to be hoped that the forfeit of -your lives, which you are about to pay, may operate as an example to all who have witnessed your trial and your conm- Gemnation, and to all without these walls, to whom the tidings of your fate may come, to be cautious how they engage 1m any such illegal conmfederacies, as you have unfortunately entered into. For they may rest assured, that it never will be in théir ° power to say (and they will learn that from your sad example) _ © Hitherto will I go, and no farther.” ‘¥ hey cannot stop in that career, in which they shall have onee engaged, till death I shall overtake them, in the shape of punishment.

‘In the awful situation in which you, prisoners, stand, let mo seriously you to set about the great work.of repentance, and to spend the very shorl time that yow must be allowed to Yeinain in this world, in endeavouring: to make your peace with your God, and to reconcile him by deep repentance. A full confession of your crime is the only atonement you can make for that which you have committed. . Give yourselves up to the pious admonitions of the reverend C! eryyvman; whose office it will be to prepare you for your awtul, change ; ; and God I grant, that, worthily lamenting your sins, and acknowledging your wretchedness, you muy obtain of the God of all mercy perfect remission and forgiveness.

Wear the sentence which the Laws of man pronounce upon your crimes. ‘The sentence of the Law is, and this Court doth sdjudge, That you, the several Prisoners at the bar, be taken from henee to the place-nom whence you came, and from ~ thence to the place of executicn, where you shall be severally hanged by the neck until you are dead. ‘The Lord have mercy

mpon your souls.”

Joshus

\

Page 229

PRISONERS DISCHARGED, &e. aut

Foshua Hatgh, Fohn Shore, William Whitehead, Cornelius Hobson, Benjamin Siswick, Thomas Green, William Anson, Mark Hill, George Rigge, Charles Cockcroft, Fohn Walker of Salford, James Dyson, ‘and Samuel Har ling, against whom there were ny indi¢tments, for the reason stated by Mr. Park on Thursday Jast,* together with the two accomplices Benjamm Walker and Carter, who were admitted evidence for the Crown, were discharged by Proclamatiga. I

Saturday, 16 January 1813.

“THE several Prisoners, who received sentence of deatk on Tuesday, with the exception of Jahn were executed mt pursuance of their sentence. se

Lumb received Ilis Maiesty’s pardon, upon condition of being

trans ported for lite. I .

ED IN continuance of the System, which was pursued through- out thése Prosecutions, of tempering justice with mercy, the GOVERNMENT, as soon as the capital convicts hed suffered the punishment justly due tv their crimes, issued a Proclantation on the 18th of January; which was succeeded, after, a short interyal, by another, on the 1st of February ; both of which, being immediately connected with the preceding Trius, are : subjoined,

—_

* See p. 103.

Prisoners diycharged by Procia- matien.

Page 230

( a2 )

By His Royal Highness The PRINCE of WALES, REGENT of the United Kingdom of Great Britain and Ireland, - in the Name and on the Behalf of HIS MAJESTY,

A PROCLAMATION.

GEORGE P.R, [V4 it hgth been represented unto Us, That divers unfortunate and misguided Persons, who have been induced by i the Arti ifices of wicked and designing Men tq take some Qath br Engagement, contrary to the “Acts of: Parliament in that behalf made in the 37th and 52d Years of His Majesty's Regn, or one of those ‘Acts, or to steal Ammunition, Fire Arms, and other offensive Weapgns, for the Purpose of committing Acts of Violence and Outrage against the Persons and Property of His sajesty's peaceable and faithful Subjects, and who are not yet - charged with such their Offences, may be willing and desirous to make a Disclosure or Confession of such their Offences, and to fake the Qath of. Aljegiance to His Majesty, upon receiving an Assurance of His Majesty's most gracious Pardon for guch their Offences; WE, therefore, acting in the Name and on the Behalf of Fis Majesty, being willing to give. such Assurance upon such Conditions us are hereinafter mentioned, and earnestly hoping that the Example of the just.and necessary Punishments which have been inflicted in the Counties of Lancaster, Chester, and York, upon certain Offenders lately tried und convicted yn those Counties, may have the sqlutary Effect of deterring all Persons from following the Example of their Crimes by a Renewal of the like Atrocitics, HAVE thought fit, by and with the Advice of His Majesty's Privy Council, TO ISSUE THIS PRQ- CLAMATION ; and as an Encauragement and Inducement ta Majesty's misguided Subjects to relinquish all disorderly Pr actices, and return ta their due and faithful Allegiance to flis Alajegty, We da kereby, acting in the Name and qn the Behalf of His Majesty, Promise I and aeelar e, that ecery Person not

Page 231

¢ 213 ) not having been tharged with any of the Offences hereinbefore mentioned, who shall, previous to the first Day of March next ensuing, appear before some Justice of the Peace or Magistrate, and declare his Offence, and the Oath or Engagement by him taken, and when and where the same was taken, and in what Manner, or the Ammunition, Fire Arms, or other offensive Weapons by him stolen, and when, where, and from whom the same were stolen, and the Place where the same were deposited, and also, according to the best of his Knowledge and Belief, the Place where the same may be found, and who shall at the same : Time take before such Justice of the Peace or Magistrate the Oath of Allegiance to His Majesty, SHALL RECEIVE HIS MAJESTY’S MOST GRACIOUS PARDON for the said Offence; and that no Confession so made by any such Person shall be given in Evidence against the Person making the same in any Court or in any Case whatever. 7

Given at the Court at Carlton House, the Day, of — \ January 1813, in the 53d Year of His Majesty's Reiga.

GOD Save The KING.

BY


Return to the Huddersfield Exposed home page
View the list of other OCR'd books