Showing posts with label acquittals. Show all posts
Showing posts with label acquittals. Show all posts

Saturday, 18 March 2017

18th March 1817: The trial of Joseph Mellors, Nathan Diggle & Jonathan Austin, for attacking William Cook, at Nottingham Assizes

On the same day that the Luddite Daniel Diggle was tried and sentenced to death for his part in an abortive attack in Nottingham, his accomplices in a later attack on Lord Middleton's gamekeeper - William Cook - were put on trial at Nottingham Assizes:
JOSEPH MELLORS, NATHAN DIGGLE, and JONATHAN AUSTIN were put to the bar, charged with having in the night between the 2d and 3d of January last, in company with Daniel Diggle, the prisoner on whom sentence had just been passed, and four others, who have absconded, among whom were Henfrey, Woolley, and Shaw,) beset the house of Mr. William Cook, of Shortwood, near Trowell (gamekeeper to the Right Hon. Lord Middleton) and firing at him several times, through his chamber window, and also firing at Francis Woolley, his neighbour, who came to Cook’s assistance. 
In this prosecution Lord Middleton addressed the Learned Judge a very feeling and impressive manner, stating, that as a dreadful example to the country was about to be made in the execution of Daniel Diggle, who was the principal person concerned in the outrage upon the person, family, and dwelling of one of his gamekeepers, his Lordship did not wish any sanguinary or vindictive proceedings against the three others in custody, and the more especially, as he had reason to believe, they were the least guilty of any of the gang: for as to one of them, when Daniel Diggle proposed to break into Cook’s house and murder him, that one prevented Daniel Diggle from so doing: and therefore, with the learned Judge's permission, he (Lord Middleton) would withdraw all further proceedings against them—his Lordship declaring that all proper means should be taken to apprehend Henfrey, Woolley, Shaw, and others, who, it appeared, had been concerned in the attack upon the house of Kerry, but who were equally guilty with Daniel Diggle, in the outrage in the middle of the night at Cook’s. His Lordship declared that his motive was only public justice, and he thought, as to the four in custody, that end had been obtained. 
The Learned Judge very pointedly complimented Lord Middleton upon the propriety of his conduct on the occasion, and in the most solemn and impressive manner addressed the three prisoners at the bar, informing them, that they owed their lives to his Lordships interference in their favor; for it appeared from documents in the Learned Judge's possession that they were guilty, and might have been convicted if the prosecution had been proceeded in. The Learned Judge exhorted them to go home and break off from the gang of depredators with which they had been heretofore connected—to amend their lives—and, in future, to endeavour to live by honest industry; and to beware of ever being brought to the bar of a Court of Justice again.

Tuesday, 16 August 2016

16th August 1816: The trial of the Feltwell & Downham Market rioters, at Norfolk Assizes

The Norfolk Chronicle of 24th August 1816, carried an extensive report about the trials of those charged with rioting in Feltwell and Downham Market during the 'Bread and Blood' disturbances of the previous May. The trials covered two days, Friday 16th & Saturday 17th August 1816:

TRIALS of the RIOTERS at DOWNHAM and FELTWELL.
Before Lord Justice Lord Chief Justice Gibbs.

Wm. Bell, Amelia Lightharness, and Hannah Jarvis were indicted for having, on the 20th of last May, together with various other persons, riotously into and tumultuously assembled at the parish of Southery, in Norfolk, from whence they proceeded to acts of theft and violence in the town of Downham Market, which were specified by the evidence.

Francis Wiseman stated that she kept a pork and sausage shop in Downham Market; that in the afternoon of the 20th of May, a mob was assembled in the front of her house; that she observed the prisoner, Amelia Lightharness, looking in at the shop window, and that immediately afterwards the same prisoner opened the latch of the door, and brought in several of the mob, telling them, "this was the shop for good pork." The witness further stated, that her shop formed a part of her dwelling-house; that the prisoner Lightharness was the first that entered, and that at her instigation the mob ransacked the shop of the witness, taking away forcibly a quantity of pork sausages. The shop window was broken by the violence of the people.

Maria Palmer, Wm. Buxton, and Zachariah Stebbing severally corroborated the first witness, and the latter proved that all the above named prisoners entered the shop of Mrs. Wiseman, and concurred in the acts of violence there committed.—Bell and Jarvis severally produced evidence of good character. Verdict—all Guilty.

Thomas Thody, Charles Nelson, Daniel Harwood, the same Hannah Jarvis, Elizabeth King, Margaret Jerry, and Elizabeth Watson.

These prisoners were indicted as forming part of the same unlawful riotous assembly at Southery, as before mentioned, and for proceeding to assault Wm. Spinks, at Downham aforesaid, and stealing from his person certain quantity of meal and flour.

Williams Spinks stated that he was apprentice to Mr. Baldwin, a miller, at Downham, and at the time of this riot had the charge of his mill. That on the said 20th of May last, at about two in the afternoon, he saw a large number of persons approach the mill, whilst he was on the road about a furlong off; that upon is coming up to them he they demanded of him the key of the mill, which he delivered to them through the impulse of fear; that the persons so assembled had sticks and cudgels; that upon his delivering them the key the mill, they proceeded to lay violent hands upon the meal, flour, and sacks found therein, some part of which they threw about and destroyed, and other part they carried away with them.

This witness, together with George Gillingham, Susan Stebbing, Pleasance Laws, and Wm. Baldwin, or some of them, identified the persons of all the prisoners, and proved that Charles Nelson was the first to enter the mill. Verdict—All Guilty.

The same Thomas Thody, the same Daniel Harwood, Lucy Rumbelow, the said Amelia Lightharness, Wm. Youngs, Edward Mellon, and William Galley were indicted as parties to the same unlawful and riotous assembly at Southery aforesaid, and having proceeded to Downham, for breaking open the dwelling-house and shop of Samuel Bolton, a butcher there, and stealing therein and carrying away a certain quantity of pork, the property of the said Samuel Bolton, the said Samuel Bolton and another being in the house and being put in fear.

Samuel Bolton stated, that he had on the said 20th of May given to the mob some meat, in the hope of pacifying them; that about five o'clock in the afternoon of the same day, they came in a large body to his house and demanded more, which he said he was unable to give them. Upon this occasion, the prisoners, Thody, Harwood, and a man named Fendyke, who is still at large, appeared to be the ringleaders. Harwood said, if witness did not give them more they would have all there was in the shop.—The shop was shut and witness was standing at the door of his house. To this menace, uttered by Harwood, the witness replied, "he would be damned if they should," and immediately close and bolted the door, and went towards the kitchen, for the purpose of loading two guns, with which he meant to defend his property. Before he had reached his guns, however, the mob forced open the door, and stripped the shop of meat to the value of 5l. or 6l.

These prisoners were all identified as taking an active part on this occasion, by the concurrent testimony of the last-named witness, and Thomas Bolton, Zachariah Stebbing, and Ann Springfield.—Verdict—All Guilty.

The same Thomas Thody, the same Daniel Harwood, Frances Porter, John Bell and John Blogg were indicted as parties to the same unlawful and riotous assembly, and for breaking open the dwelling-house of John Parkinson, in Downham aforesaid, no person being therein, and feloniously stealing and carrying away a quantity of flour, and various articles of wearing apparel, found therein.

Hannah, wife of the said John Parkinson, who is a tailor and baker, and keeps a general shop at Downham, stated, that being terrified at the appearance of the mob, they had, on the said 20th of May last, shut their shop, and retreated to the house of a neighbour. The mob did proceed to Mr. Parkinson’s house and shop, as was expected, and after they were gone away the witness, with her family, returned, upon which they found the house had been broken open, and they missed from the shop hats, waistcoats, shawls, shoes, flour, and other articles.

The evidence of the last witness, corroborated by her daughter Charlotte Parkinson, Richard Gamble, Thomas Mallet Bailey, Wm. Gamble, Charles Smith, and James Weston, was sufficiently clear to establish the charge against all the prisoners except John Bell, who had not been seen in the house, but had been afterwards met with hats under his arm.

The latter prisoner was therefore acquitted, and the others found—all Guilty.

John Sterne was indicted for larceny only, he having on the said 20th of May demanded cheese of Wm. Oakes, at Downham.

Wm. Oakes stated that the prisoner came with a mob and demanded cheese, which he delivered to him through fear, observing at the same time that he himself wanted it as much as they did. Samuel Johnson, the landlord of the Crown Inn, at Downham, stated, that on the same day the prisoner Sterne brought a cheese to his house, and divided it among the mob, who were there assembled. Verdict—Guilty.

The same John Sterne, the said Thomas Thody, and John Pearson were indicted for breaking open the Crown Inn, at Downham, together with other persons, for assaulting the said Samuel Johnson, the landlord, and stealing from his person meat, beer, and other provisions. Mr. Johnson identified the persons of the prisoners Thody and Pearson as having been foremost of the party who first broke in by force, but the prisoner Sterne was not observed by him until he (Sterne) produced a cheese, which was sometime after the forcible entry. Sterne was therefore acquitted upon this indictment. The other prisoners were found both found Guilty.

In addressing the Jury upon the several indictments for riot, the Chief Justice very clearly explained the law to them, that in tumultuous assemblies of this nature, not only the parties which commit any acts of violence are answerable to the law, but likewise all persons who, by joining a mob, give a sanction to their unlawful proceedings, were in the eye of the law equally guilty of any outrage which was committed by any of such mob, with the party by whose hand the fact is actually done. In directing the verdict of the Jury respecting the attack made upon the dwelling-house and shop of Mr. Bolton, his Lordship observed, that if, by any act of the mob, murder had been committed upon the person of Mr. Bolton, or of any of his family, all the persons composing that mob would have been equally guilty; but on the other hand, if Mr. Bolton, in defending his property, had killed any of the persons who made this attack, he would have been justified in doing so. In allusion to the good characters which most prisoners adduced in their own favour, with respect to the honesty and peaceable habits of their former lives, the Judge emphatically observed, that nothing could more clearly shew the necessity of suppressing such disorderly and mischievous proceedings as were subjects of these trials. Persons who had heretofore acted honestly, and had been good members of society, had now, by deluding one another in the vain hope of addressing those grievances which their proceedings only tended to aggravate, evinced their peaceable dispositions by unlawfully assembling to the terror of well disposed persons, and their honesty by forcibly seizing the property of others.

His Lordship further stated, there where facts were so clearly proved as they had been in most of the above cases, the character of the parties ought to have no weight in the verdict of a Jury, although in measuring the punishment of the offenders, their respective characters would not be forgotten. It was in cases of doubt only in which the former characters of prisoners should weigh in the minds of Juries.

John Cracknell, Jeremiah Lawrence, and Thos. Pleasance, were indicted for having, on the 18th of last May, feloniously assaulted Thomas Willett, a shopkeeper, and Feltwell, and having at the same time stolen from his person two Bank notes, of the value of one pound each.—Mr Willett stated, that on the morning of the said 18th of May, he saw a body of people, to the number of from 50 to 100, including boys, collected together in Feltwell; that they stated their intention of proceeding to destroy the Dam, which the witness stated he himself, and, he believed, the whole parish deemed a very desirable measure, as the Dam was considered injurious to the inhabitants. That on the return from the Dam, at about five in the afternoon, they assembled in the front of his house, and on his coming out, he saw the prisoner Cracknell amongst them, who pulled off his hat, and said, "I hope, Sir, you’ll please to give us something." The witness then asked what his neighbour, Mr. Fuller, had given them, and was answered, that he had given twenty shillings. The witness, therefore, gave them a one pound bill; upon which some persons from the back of the mob cried out that they must have two pounds. Mr. Willett then gave another.—In answer to some very pertinent questions from the Chief Justice, Mr. Willett said, he considered the first one pound as an encouragement to the people for their day's work in destroying the Dam; but he admitted that he gave the second through a fear that his windows might be broken if he did not.

John Place stated, that he saw the prisoner Pleasance amongst the mob before Mr. Willett’s house, which he described as a company of people.

John Thorpe saw Cracknell and Pleasance amongst the company of people before Mr. Willett’s house, and saw the notes given by Mr. W. to Cracknell.—On his cross-examination he said, some of the people called at Mr. Willet’s house to know if he thought it right that the Dam should be destroyed; to which Mr. Willett had replied, that "it was a thing that was necessary." That the company of people then said, they should call to be paid for their job on their return.

The Judge then stated to the Jury, that as the counsel for the prosecution did not press this case, they might acquit the prisoners, which was done accordingly.

He then desired that Mr. Willett might not go out of Court, and enquired whether or not the Grand Jury were discharged, and appeared disappointed at being answered in the affirmative.

Upon Mr. Willett being again called before his Lordship, the latter stated, that he should refrain from mentioning names, but there had been few persons in the bar before him, on the several charges for rioting, who had incurred more, in so much blame, as the persons who had been concerned in encouraging the measures of those who had destroyed the Dam at Feltwell. Those were the persons who had given rise to the mischievous consequences that had followed two days after at Downham.

Mr Serjeant Blossett, as the leading Counsel on the part of the Crown, then stated to the Jury, that it was now that he first learned the real complexion of the late disturbances at Feltwell. If such persons as Mr. Willett gave encouragement to the mob, as has been shewn by the evidence, that which followed amongst the lower orders could excite no surprise.—Having convicted the ringleaders at Downham, sufficient had been done to answer the purposes of the prosecution on the part of the Crown, which could only be to shew persons who were disposed to join in such tumultuous proceedings, that those transactions cannot take place with impunity, for that a day of reckoning must come sooner or later.

The SENTENCES.

The Chief Justice now proceeded to pass sentence of transportation for seven years on John Sterne, who had been indicted and convicted of larceny only, in stealing a cheese from Mr. William Oakes, of Downham, the charges against him not having been laid capitally.

This being done, the following prisoners, who had been capitally convicted of rioting, 16 in number, (viz. William Bell, Amelia Lightharness, Hannah Jarvis, Thomas Thody, Charles Nelson, Daniel Harwood, Elizabeth King, Margaret Jerry, Elizabeth Watson, Lucy Rumbelow, William Youngs, Edward Mellon, William Galley, Frances Porter, John Blogg, and John Pearson), were called before his Lordship to shew cause why Sentence of Death should not pass against them to die according to law. The Chief Justice, then, in a very impressive manner, passed that solemn sentence upon them. His Lordship stated, that on account of the good characters which some of them had borne, it would afford him high satisfaction if circumstances should appear to justify him in recommending their cases for a relaxation in the severity of their punishment. Nevertheless, he wished them not to be deluded into any ill founded security. There were amongst them some who had excelled their fellows, and had stood foremost in the execution of their misguided and wicked actions. To these he could hold out no hope. His Lordship concluded by exhorting them all to use well the short time which might remain to them in this world, and to make their peace with Him before whom they must soon appear in the next.

Of the above 16 prisoners who received sentence of death, two only are left for execution, viz. Harwood and Thody. All the others were reprieved.

After the ringleaders had been tried and convicted, the following minor offenders were discharged on giving security for their good behaviour, viz. John Jerry, Harrison Bone, and John Bowers.

Wednesday, 10 August 2016

10th August 1816: The trial of James Towle, Benjamin Badder & John Slater, for the 'Loughborough Job'

The Nottingham Review of 16th August 1816 carried the most complete version of the second trial of the most notorious figure in Midlands Luddism, James Towle, along with his co-accused, Benjamin Badder and John Slater:

LEICESTER.

Trial of Towle, Slater, and Badder.

SATURDAY, AUGUST 10, 1816.

About seven o'clock this morning, the trial of the above-named persons came on before the Hon. Baron Graham. The indictment charged James Towle with having, on the night of the 28th June, or early on the morning of the 29th of same month, entered the premises of John Heathcoat and John Boden, of Loughborough, and having discharged a pistol loaded with a ball or slugs at John Asher, with intent to kill him the said John Asher; and John Slater and Benjamin Badder, with being accessary thereto.

JOHN BODEN is partner with John Heathcoat in a bobbin-net lace manufactory, at Loughborough; left the factory at eleven o'clock on Friday night, the 28th June last, when all was safe—six framesmiths, besides men who were at work and three other men as guards, were on the premises when witness left; there were fifty-five frames upon three floors, viz. in setting-up shop, two unfinished; first floor, twenty-three; second ditto, thirty—was alarmed and apprised of the outrage at a little before two, but did not go to the factory till about five o'clock, when he found the whole of the machines and some of the windows broken—witness saw some blood in a box on the floor, and some splashed against the wall; the greater part of the lace upon the frames was quite destroyed; estimates the injury done at 7 or £8,000—have been prevented going on with their business ever since. Witness dispatched Benjamin Silvester, Joseph Sherwin, and Cumberland, the Loughborough Constable, to Nottingham Police-Office, that morning.

Cross-examined by Mr. Balguy.—When he left the place, about eleven o'clock, there might be eight or nine men in the factory besides the smith—did not take particular notice of the exact number, nor of the persons of the workmen who were then present; he only knew one or two of them.

ELIZABETH SILVESTER said, her husband was overlooker of the smiths at Heathcoat and Boden’s factory; went up stairs to bed; it was a quarter past twelve when she stepped into bed; lives in a house opposite and situate near, the factory, in Mill-street; she was alarmed "by a great muttering of talking," which was so loud, that it appeared to proceed from a considerable number of persons; her candle was not then put out; she got up, immediately opened the window, and looked out for a few moments, but saw nobody except a neighbour, (John Sour), who was standing at his own door, which is next to witness’s; he went towards the factory; shortly after witness heard the same noise, and a whistle, with a threat, that if she did not put out her light, her brains will be blown out, when, being very much frightened, she retreated towards where the candle was; witness did not see whence they came; when there was a whistle, they seem to come from all roads, in great numbers; heard a gun discharged at her window; in the mean time, heard them say, "All’s well!" and then whistled; thinks a gun was fired at Rushworth’s house, which is opposite witness’s, as she heard them threaten him in the same way as they did her; having left the house door unlocked, witness went down stairs to lock it, and being very much agitated, she fell down three steps; heard them say, "Fire through the key-hole," but did not hear them fire at her. Soon after, she heard the machines and some of the windows broken, and then a firing, which appeared to be at some distance. The frame-breaking did not continue more than half an hour by witness’s watch, after which there seemed to be great numbers pacing the street, occasionally exclaiming, "All’s well!" Heard somebody say, "Don't break windows, there is friend Kilburn’s there," and also, "That all was done, and one man was killed." Thinks their feet move towards the Ashby Road; heard firing six or seven times, when all was over.

JOHN ASHER—is a framesmith and was in the employ of Messrs. Heathcoat and Boden on the 28th of June—was on guard that night as a watchman to the premises—watch ought to have consisted of five or six smiths but two were gone out—Thomas Ironman, Webster, and witness, were on duty, and Silvester and German were out, they had three pistols and a musket with a fixed bayonet—is not sure whether there was more—witness sat opposite the door in casting shop—was first disturbed at a quarter past twelve with a noise, and footsteps coming up the yard to the door, by hearing the report of a pistol, and directly after seeing three of four men stand in the door-way—witness took a pistol off the shelf pointed it at them and turned his head another way—when some one ran into the shop, and witness was shot in the back of the head and fell down insensible, but soon recovered his recollection, and found himself on his face under a bench, with his head adjoining Webster’s shoulder and bleeding profusely—at this time heard them breaking machines—had one and sometimes two men placed over them as a guard, who threatened to blow their brains out if they looked up; after laying about twenty minutes, witness said, "I wish you would send for a doctor, or I shall bleed to death,"—there was no answer, but the man who guarded them, seemed to speak to another man on [illegible] [illegible]. In ten minutes or a quarter of an hour afterwards, a man came from the yard to know how the wounded man was—he said "How are you," "Very bad," I replied. He then asked me if I could do a bit longer. I told him I could if he would not be long—he said he would not,—five minutes after they left the premises;—as they were going, one said to another, "shake hands with the wounded man"—Webster put his hand out and shaked hands—another man said, "that's not the man."—He then said—"Put your hand out" and shook hands with witness, who thinks the hand was a small one—witness was three weeks before he was well of the wound.

Cross-examined by Mr. Balguy.—Witness crawled home between two men—was much agitated when the men entered, so much so that he forgot to cock his pistol—is not certain who the person was that shook hands with him—nor can he say whether the person came from the yard or not.

MR. PALMER is a surgeon, at Loughborough; were sent for at twenty minutes past one—found Asher laying wounded on the floor in casting room; he had received a wound from a slug in back part of the head, which was afterwards extracted—[witness here produced it]—it had not penetrated the skull; Asher was three weeks or a month under his hands.

JOHN WEBSTER was a workman at Heathcoat and Boden’s factory on the 28th June—at a quarter-past twelve was in the casting-shop, along with Asher and Ironman, expected some of their fellow workmen's return; witness was not above the yard from the door—there was a blazing fire and a candle burning when the assailants entered; it was a short-eight candle; the casting-shop is a small room—three came first; one of them a little man, rather before the other; the little man had a pistol in his hand, and passed witness’s right hand, and went forward—witness attempted to escape from the premises, but was stopped at the door by several of the party, who surrounded him and presented pistols; three of them were put close to his head, while one man held an axe in the same position—the former saying, that if he moved, they would blow his brains out, and the latter, that he would knock them out—the man with the axe was a tall man; had light enough to see his face when looking up at the axe—is sure, quite sure, that Slater, the prisoner, is the man—hearing a pistol go off by witness’s head, he gave up and lay down on his face, thinking resistance unavailing—witness observed Towle’s features particularly, as he passed him—so much so, that he knew him again when he saw him—Towle passed as near to him as possible, so as not to touch him; he was only disguised by having a handkerchief over his chin, not so high as his mouth—did not particularly notice the third man, but he had some sort of the steel weapon in his hand—saw no firelock when first man entered, nor a long piece of any description, in any of their hands; there were two muskets at the far side of the shop, one with a fixed bayonet, the other without—thinks more than twenty persons entered—before "the business was done," heard somebody come from setting-up to casting-shop, and asked Asher, "if he was mortally wounded"—he replied—"he did not know, he was very weak"—he then required Asher to give him his hand; but witness, understanding he meant his, extended it for that purpose, and thought the hand a very small one for a man.

Cross-examined by Mr. Denman—Was not so much frightened until he heard the pistol fired; has seen Towle in custody, and at the gaol, several times; knew him again "directly he clapped his eyes upon him." Only saw Slater once in gaol, and never saw Towle from that night till he saw him in custody; witness picked Slater out of the three, on the Wednesday week after. Witness gave his evidence before he heard of the reward; saw a PART of the hand-bill the day after posted in Loughborough, "but not the FULL of it;" knew there was a reward of five hundred pounds, but thought it applied only to those concerned in the outrage. Witness described Towle before the magistrates. Does not know George Woollerton, but saw Mr. Ayres, his employer, on Saturday morning. Did not think it prudent to tell every body all he knew of the affair; never gave him any reason to suppose that they were disguised. Witness knows John King, and admits that he told him, and several others, that he could not recognise the prisoners; he was advised so to do by the magistrates, to avoid unnecessary questions daily put to him; witness did say that he thought he could swear to two voices; never said to Samuel Kilbourn that they were in disguise, and it was impossible to recognise them; he told William Burson, on Sunday morning, that he knew none of them.

Re-examined by Serjeant Vaughan.—Witness felt himself much injured, and would give himself no trouble to satisfy any body on the subject. He has no doubt of Towle being one of the men that entered the premises; he knew him when he first saw him in custody; and is equally confident as to Slater being another, he recognised him also when he first saw him after the outrage, which was at Leicester.

JOSEPH SHERWIN worked with Messrs. Heathcoat and Boden on the 28th June last, as a framesmith—he was in the top room, on the night in question, and was alarmed by pieces firing off—and soon after hearing somebody exclaim, "blow their brains out"—heard a "large muttering of talking outside the factory," and a noise in the room below, proceeding from breaking the frames—thinks he was got out of his frame at that time—looked for the fire arms, but did not find them—went down stairs and found a pike, but it was too long to use on the staircase—then procured a large file, and taking a candle out of the stick, went to the top of the stairs where somebody was chopping at the door check, and soon after observed the door open, and again put to—he then went down stairs, and forced it open with the file, but had scarcely done so, than a man presented a firelock at his breast, saying—"D**n your blood, stand fast, or I’ll blow your brains out," on which witness said—"Stop my friend, I can use a musket as well as you can,—when the man cried out, "Ned, come forward with those four blunderbusses, and directly came forth a man armed with two pistols, followed by another with an axe upon his shoulder, who turned his face back, and desired witness to go up stairs to the top shop, which he did, accompanied by three men, who commanded him and the other men at work, "to lay down on their faces, or they would blow their brains out," which summons the witness and his companions instantly obeyed—there was four lights with reflectors, burning at the time, which enabled witness to observe the faces of two men minutely; saw Towle first, he had an handkerchief on his face, which fell below his chin while witness was stooping; is "quite certain sure" the prisoner at the bar is the man, as he was only three or four yards from him; Towle had a musket in his hand. Saw Slater first in custody at the Anchor, in Loughborough; thinks he was one of the men, as there was a large limbed man, but cannot swear to his face. Supposes there were sixteen or seventeen men in the room at the time of breaking the machines. Heard some of them say, as he lay on the floor, "Blow their brains out, if they stir," and others said, "No! Do not hurt them," if they lay ten minutes and do not move. Having broke the machines, they set fire to the lace, when one said, "Ned, have you done your duty well?" "Yes," replied another, "we have;" then went towards the stair-case, but observing two other machines in another part, they said, "There are two more," and so broke them, and went away. About two hours after, witness was dispatched to Nottingham, in a post-chaise, and arrived there before six o'clock, and saw the police-officers, to whom he gave a description of all the three men he saw on the stairs.

Cross-examined by Mr. Balguy.—Four of the men were upstairs with him; Powell, Streets, Squires, and Smith—Trueman, Webster, and Asher were below,—the gun was not quite up to Towle’s shoulder—he had not a candle in one hand, and a musket in the other—he was about a quarter of a minute on the stair-case, but cannot swear how long—it might be longer than a minute—he saw part of that man’s face who had the axe, but not enough to know him again—when witness went from the top shop, he believes there were no lights but those in the frames,—the shiner or reflector is used to throw light on the works, but it does not make the room lighter—he could not take particular notice of the third man's face, but could swear to him if he were in the same dress. He cannot tell when he first heard of the reward—he never thought of it, when he was examined before the magistrates—he does not expect any of it to his knowledge—never thought of the reward till people told him he should have a part of it—he believes he shall have a part of it—does not know William Henshaw to his knowledge—Robinson married witness’s sister; he went to Robinson’s house soon after the frames were broken—his sister and Robinson were up—every body was talking about the frame-breaking—did not say that he did not know any body that came into the factory—does not remember saying any thing about the disguises—he never said any thing about the men having their coats turned—cannot say any thing at all about what he said about them having their faces blackened—cannot tell whether he said so or not. John Rose was in his company the same day at the Talbot, but witness never told him, that neither he nor any body else, could swear to any of them—acknowledged that he said to Bilson that he did not know any of them, but at that time his life was threatened—admits that he has said, "that he could not swear to any, but should like to swear to two, because they would have taken our lives, if it had not been for the other Ludds"—has been at Leicester several times—saw Badder in gaol; has also seen Towle in the gaol-yard several times; he attended on the examination of prisoners—Mr. Munday and Mr. Lockett told witness not to say any thing about what he knew.

ANN MACKIE is wife to -------- Mackie, who works for Heathcoat and Boden—she was held a prisoner by the Luddites a short distance from the factory, upwards of forty minutes; during which a man came up with an axe, and lifting it up over her head, said, "It will not do or us to let her escape we had better do for her,"—the man that guarded her replied, "No, if she will stand still her life shall be spared"—the man with the axe was a broad-set man—there was not light enough to see his face—he only remained a little time.

JAMES LAWSON, is a police-officer of Nottingham; has known Towle some time; recollects seeing him at a public-house in Nottingham on the Tuesday preceding the outrage at Loughborough, and had a deal of conversation with about his having been tried for frame-breaking, which Towle observed would have been a job with him, if they had found him guilty. Witness advised him to leave off that kind of life. A confusion arising in the house, witness and Towle went out together into the street, where they resumed their conversation. Towle said he was out of employment, and when he went round and was asked his name, they immediately said, "Oh! it is you that was tried for frame-breaking!" He said, "He was over-persuaded, and felt so much hurt, he hardly knew what to do with itself," many of their SET were doing well, while he was used ill, and he had a good mind to SPLIT upon them. Witness’s wife coming up at this time, he said, "He would be d----d if he would trust a woman with a secret," and so stopped speaking for a moment, and then resumed by saying, "There was something brewing, and there would be a job before it was long—it would happen next Friday night, unless put off, and then it would take place on Saturday night!"—"we then parted, and I bid him good night." Having communicated this intelligence to the Mayor, numbers were employed on the look-out in Nottingham; witness was one engaged on the occasion.

Cross-examined—Towle well knew that he was a Police officer.

BENJAMIN BARNES is Nottingham Police officer—saw Sherwin on the morning of the 29th June last—in consequence of his description of one of the men seen by him at the factory, he looked after James Towle that morning—about seven o'clock he set out towards Beeston through New Basford, where Towle lived, and having arrived about the middle of the former place, he observed prisoner coming from towards Loughborough—it was about eight o'clock in the morning—Towle seeing witness approach him, made a stop, and turned his face to the hedge, on noticing which witness rode on a little, and then turned again, and on overtaking him, he endeavoured to avoid letting witness recognize his face, by appearing to look at something over the hedge—witness however spoke to him, saying, "James, how are you, you seem very fatigued this morning?"—"Yes," he answered, "I am very unwell." Witness asked him if he would take a glass, to which he assented, and they went to a public house door, where Towle had a glass of gin, and they parted—his shoes seemed wet, and the dust had settled upon them. On Monday, July 1st, I had a warrant to apprehend him—"went to his house at New Basford and took him, handcuffed him to myself—on arriving at Nottingham, we went to a public house to until a chaise could be got ready—when there he wished to go in the yard, which I permitted him to do, handcuffed to White, a constable, from whom he contrived to escape, by slipping his hand out of the handcuffs, (which were the smallest sort to be met with,) but was re-taken soon after in the Market-place. When employed to take Towle to Leicester, he said to witness, in coming down Red-hill, (the place where criminals were formerly executed,) "Well, I shall have a ride as far back again as this hill, I suppose." On witness asking him "what he meant by that," he said," he was sure to be hung, and hoped witness would call upon his mother, and say, that he desired, in case he should be hung, that she should would beg his body, and let it be placed alongside Bamford, at Basford." Witness said, he would not deliver such a message; but he would take an note for him—Towle then observed, "it was through seeing him (Barnes) at Beeston, that he was apprehended. The axe was found at Badder’s, and a hammer at Slater’s, in the coal cupboard.

MR. DENMAN here observed, that the Counsel ought to make their election on which set of counts they mean to stand, Towle being charged both as a principal and accessary.

MR. BARON GRAHAM said, it was not a case of that description.

MR. DENMAN then took an objection to the wording of the indictment, owing to the word "feloniously" having been omitted before the words "entered the premises," &c. and contended, that such an omission must proved fatal to the indictment, since it was not according to the act of parliament, under which the prisoners were indicted.

SERJEANT VAUGHAN, on the other side, maintained, that as the words, "felony aforesaid" came shortly after, the omission complained of, was of little consequence, and therefore opposed the acquittal of the prisoners on that ground.

The Learned Judge observed, that it appeared to him at present, that there was no ground upon which the indictment could be done away; but if hereafter, it should appear otherwise, the prisoners should certainly have all the advantage of the omission; but he must say, he felt pretty confident at the present moment, that the objection could not be sustained.

The Learned Judge here called upon Towle and Slater for their defence; both observed, they left it to their Counsel. Budder was not called upon for his defence, upon which his Counsel requested he might have his irons taken off, but it was not allowed; he was permitted, however, to sit down.

JAMES POWELL, was employed as watchman to Heathcoat and Boden, on the night of the 28th of June last. [It being observed that this witness was in a state of intoxication, his evidence was not permitted to be taken, he was therefore ordered from the bar.]

SAMUEL STREET worked at Heathcoat and Boden’s factory on the night of the 28th June last—thinks thirty or forty men entered the upper shop—he counted them by their steps, as he lay down—could only see one distinctly.

SAMUEL KILBOURN asked John Webster if he knew the frame-breakers—he said he did not, they were so much disguised—he even did not know one of them.

JOHN ROSE knows Joseph Sherwin—he told him at two o'clock on the Saturday morning, he could not swear to any of the frame-breakers.

WILLIAM BILSON has conversed with Sherwin—he told it was impossible to know them—their coats wee turned.

JOHN RICHARDS lives at New Basford, within seventy or eighty yards of Towle’s—saw him at nine o'clock on Friday night, the 28th of June—he had a paper cap on, and was getting potatoes in his garden—witness spoke to him, and observed "what fine potatoes they are"—Towle answered, "Yes they are."

JOSEPH MELLOR, is a carpenter and builder, lives at New Basford; had been at a rearing supper at the Robin Hood and Little John, in Nottingham, on the 28th June last; left it after 11 o'clock—knows James Towle; saw him between eleven and twelve o'clock the night in question; there was a light in his house, saw prisoner come to his door, and throw something out—said, "Hallo, Towle!" and he replied, "Hello, Joseph, where have you been?" to a rearing, said witness, and then passed on—got home about twelve—heard of frame breaking at twelve next day—has no doubt of Towle’s person.

Cross-examined by Mr. Clarke—Lives half a mile from prisoner’s house—witnesses has known him since he was a child—is now twenty-one.

JOHN BRADLEY lives at Basford; remembers being at Towle’s house at half-past eleven o'clock on the Friday night; went to borrow a candle for his wife to seam stockings by, in order that he might set out early in the morning to Nottingham, in search of work—resides only a few yards from Towle’s—saw him soon after eleven in his (Towle’s) own house—witness went to bed at half-past eleven, or thereabouts; got up next morning about ten minutes past four, to go to Nottingham—saw Towle at work in his frame at half-past four—Basford is seventeen miles from Loughborough.

Cross-examined by Mr. Clarke.—Witness applied to Mr. Beardmore for work—saw him at half-past six—Towle was nursing his child at half-past eleven the night before—thinks he was stript.

PETER JENKINSON lives at Old Basford; is a paper-maker—he got up between three and four o'clock on Saturday morning the 29th June, to call up his fellow-wormen, that they might leave off an hour or two earlier in the afternoon—saw Towle at work in his frame between four and five o'clock as he passed by to call up Harrison—on his return, stopped and spoke to Towle for a minute.

Cross-examined by Mr. Clarke.—Witness lives half a mile from Harrison's—it struck four when he got up to give him the key.

Re-examined by Mr. Denman—It is a rule among his shop-mates the first up calls the rest.

THOMAS MELLOR is a butcher; got up at four o'clock on Saturday morning the 29th of June to go to his shop, which is behind Towle’s house; saw prisoners and his wife at work in the frame at half-past four o'clock.

GEORGE ARCHER knows Slater; he worked with him in June last; left him at work at eight o'clock on Friday night, at witness’s house; returned at nine, but he was gone; saw him the following morning at seven; he assisted him to get up work; always considered Slater as an honest and industrious man.

THOMAS PALMER lives in Nottingham; has a garden a short distance from the town; was returning from it on Friday night, the 28th of June, about half-past nine; observed Slater in his garden, which is near witness’s, and held half an hour's conversation with him, then went into town together, where they parted, one going to the right, the other to the left.

JOSEPH SMITH is a brass-cock maker, and lives in Narrow-marsh, Nottingham; remembers being at the Leg of Mutton public-house on Friday night, 28th of June last; on hearing the clock strike eleven, he were left the house, and as he was coming home he met with Slater, whom he has known more than two years, and spoke to him; he was a few paces from his own door, without his hat, and said, "How did you do, John?" he replied, "Very well." Witness thinks he was going towards the privy.

SAMUEL HAYNES lives at Nottingham; recollects leaving the Duke of Wellington public-house in company with S. Fletcher, about eleven o'clock on the Friday night; saw Slater standing beside his door, when passing his house with Fletcher.

SAM. FLETCHER, is a framework-knitter; was with the last witness at the Duke of Wellington public-house on the night of the 28th June last, and came away about eleven o'clock; parted with Haynes at his entry end; saw Slater at his own door, and had a few minutes conversation about the state of trade; met a person named Rhodes, and stood talking with him a few moments. Witness made no secret of having seen Slater.

DENNIS RHODES remembers seeing Slater on the Friday night, conversing with Samuel Haynes, and a another man, a stranger; they were standing at Slater’s door. Witness asked Haynes the news of the day; did not stop long, but went on.

THOMAS BEE, lives next door but one to Slater; has known him six years; he is a very honest and industrious man.

WILLIAM SHARP is a miller and baker in Nottingham; has known Slater nine years, "never knew his character to be impeached with dishonesty."

AARON BOWLER has known Slater a long time; believes him to be an honest and industrious man.

JOHN SMITH lives at New Basford; has known Towle fifteen years; never heard any particular harm of him; considers him to be a man of "tolerable character."

GEORGE BINGHAM lives in Millstone-lane, Nottingham; has known Slater seven years, sometimes worked with him; never knew of this character being any but a good one.

THOMAS SANDERS "is an independent gentleman," and lives at New Basford; has known Towle several years; he has been a quiet good character and neighbour.

MR LOCKET here produced the deposition made by Towle before the magistrates; from which it appeared, that the prisoner dined and supped at home on the Friday; that at half-past nine he was in his garden, getting a few potatoes for supper, and that in the morning he got up early and went to Long Eaton, from whence he returned the same morning.

The Learned Judge then recapitulated the evidence, impressing upon the Jury the importance of the matter submitted to their consideration, and calling upon them to weigh the different circumstances which had been detailed before them, with all that deliberate attention, which the subject required.

The Jury, after a few minutes consultation, gave their verdict—Towle, Guilty of aiding and abetting, but not of firing the pistol.—Slater and Badder, Not Guilty.

Counsel for the Prosecution—Serjeant Vaughan, Serjeant Copley, Mr. Clarke, Mr. Reader, and Mr. Reynolds.—Solicitor, Mr. Lockhart, of Derby.

Counsel for the Prisoner—Mr. Denman and Mr. Balguy.—Solicitor, Mr Wilkinson, of Nottingham.

When the court broke up, it was between nine and ten o'clock, the trial having lasted upwards of fourteen hours.

We cannot withhold that need of praise which is so justly due to C.W. Pochin, Esq. the High Sheriff, for his admirable precautions to prevent any kind of riot or disturbance, which at one time was seriously apprehended. Not being possessed with that military mania which is too prevalent in the present day, he proceeded in a truly constitutional manner, to collect together the civil power of the county, and as we are informed, upwards of 600 constables were in attendance; these proved themselves abundantly sufficient to preserve peace and tranquillity, in the midst of a greater multitude of people, than was ever before assembled together on one such occasion in Leicester. We should like such an example to be more generally followed, for in that case, we should not behold the military called in on every trifling occasion.

In it's report, The Tory Leicester Journal of 16th August 1816 gave the following on the composure of Towle:

[Towle] had a determined aspect throughout, and received sentence without any apparent emotion whatever.

Friday, 5 August 2016

5th August 1816: John Chettle & Thomas Glover are acquitted of the remaining charges at Nottingham Assizes & the Judge issues a warning to them

Following their acquittal on the first charge against them the previous Saturday, on Monday 5th August 1816, John Chettle & Thomas Glover were again brought before Nottingham Assizes to face the remaining charges against them. After the predictable result, the Judge proceeded to issue a warning to them and other Luddites (from the Leicester Chronicle of 10th August 1816):

On Monday morning, at nine o'clock, the court again assembled, when the prisoners were put to the bar on the other two indictments, but Mr. Reader declined to call any evidence on either of the charges, the Jury of course under the direction of the Baron Graham returned a verdict of Not Guilty.

The Learned Judge made an eloquent and sensible address to the two men who had thus been pronounced not guilty. He told them that as they were discharged by the verdict of their country, he did not deign to deprive them of any benefit which that verdict conferred upon them. Nevertheless, he must say, there was, for it had been undoubtedly proved on this trial, there was something of a system in this great and populous town, of attacking the property of those persons who may in any manner have offended the lower orders; there was a conspiracy the foulest of all conspiracies, he did not mean to say it was so in this case, but such conspiracies led to perjury of the blackest die. The Learned Judge wished to impress their minds, and the minds of all who were present, with the danger of such conspiracies—it could not be endured in a land of law, in a land of liberty that property should be destroyed in such a manner; the law must have its course, for there could be no liberty if men could not be safe at their own homes, if the law could not protect their own firesides. He would say, not only to the prisoners, but to all who heard him, be cautious of engaging in such things; certainly offenders might for a time evade the vigilance of the law, but he would have them recollect that the law was founded on wisdom, and supported by a force which could not be overcome; the only way for men to be happy, was, to be peaceable and honest, and without these, there could be no happiness. He did not wish to be the instrument of their destruction, but while he filled the situation in which he was placed, he must and would be, the strenuous supporter of the law. He trusted this would be a lesson for them and for their children, and that walking in the paths of justice and honesty, they would secure to themselves happiness both in this world and that which is to come.

Wednesday, 3 August 2016

3rd August 1816: The trial of Thomas Glover & John Chettle for frame-breaking, at Nottingham Assizes

On Saturday 3rd August 1816, one of the most extraordinary but-lesser-known trials in British legal history took place at Nottingham Assizes. John Chettle & Thomas Glover were accused of taking part in frame-breaking at New Radford in June. The 12-hour trial was covered in an article in the Leicester Chronicle of 10th August (probably taken from the Nottingham Review coverage).

NOTTINGHAM ASSIZE INTELLIGENCE.

TRIAL OF GLOVER AND CHETTLE,
FOR FRAME-BREAKING,
SATURDAY, AUGUST 3, 1816.

About half-past one o'clock this day, THOMAS GLOVER and JOHN CHETTLE, were put to the bar. These two men had been arraigned in the morning, and pleaded not guilty to the three indictments preferred against them. The first indictment charged them with having, on the night of the 8th day of June last, at the Parish of Radford, in the county of Nottingham, together with divers persons yet unknown, with force and arms, entered the dwelling-house of William Wright, wilfully and maliciously broken and destroyed therein four lace frames, the property of the said William Wright, and eight other frames in the same dwelling-house then and there being, without consent of the said William Wright. The second indictment charged them with stealing two piece of lace, the property of the said William Wright. And the third, couched in nearly the same terms as the first, charged them with breaking seven frames in the house of Thomas Mullen, all on the night of the 8th day of June last. The prisoners were now put to the bar on the first of these charges; and after the jury had been resworn, and the witnesses for the prisoners ordered out of court,

Mr. Clarke leading counsel for the prosecution, then called the witnesses.

Eliza Wright (examined by Mr. Reader) is the daughter of William Wright, lace manufacturer, in New Radford—her father was not at home in the evening of the 8th of June—the family consisted of her mother, herself, her sister Ann, a sister Keziah, three young children, and an apprentice girl, Hannah Lane—about a quarter before one was alarmed by hearing many persons before the door, and passing by; her mother, sister, servant, and the children were in bed; she alone was left up in the house; the door and windows were all fast. Witness went up stairs, and immediately heard a loud knock at the door, as if with a large stick or hammer; she shrieked out and called her mother—heard many folks go upstairs, into the workshops over the room where she slept—her mother slept up another pair of stairs, though it was on the same floor as the room in which she slept—there were three shops upstairs, all connected or communicating together. Witness soon afterwards heard the breaking of the frames—believed the men staid in the house about twenty minutes—while the men were in the room her sister went up to and looked out at the window of the chamber in which they were—heard no voice call that she can recollect—it was not until three or four o'clock that she went up to the shops, when she found all the frames broken, but does not recollect how many frames were in the shop—was greatly alarmed during the time the men were in the house.

Cross-examined by Mr. Denman, counsel for the business there was an aunt in the family; does not know her name, though her own aunt and lives with them; she is generally called aunt Kitty; was in the house at the time, and was extremely frightened, but did not go into fits, though she was very near it, and her aunt's extreme distresses took up much of their attention — there was only one step between her room and her mother's — her aunt Kitty slept with her mother – when she came downstairs, the clock face was bashed, and the glass broken; it did not go them, for it had been stopped by some violence done to it.

William Wright, (examined by Mr. Clarke) is a lace manufacturer, and carried on his business, on the 8th day of June last, at New Radford; he had twelve frames in his house; four of them were his own, three belonging to William Wayman, of Nottingham, three to Benjamin Topham, of Pentridge, one to Mrs. Platts, a widow woman, and one to Mr. Cole—they were all frames to make point net lace on; seven of them were at work, and five stood still—the house in which he lived was built for and formerly had been three houses, and the frame stood in the three workshops over the three houses—the workshops communicated one with another—witness went from home on Saturday, and returned on Monday the 10th of June—the frames were all safe and perfect when he went from home; when he came back, all the twelve were demolished, apparently with an axe, or something of that description—a person came over to Grantham to let him know of the destruction of his property—the jack-wires of the frames were drawn out, and some of them broken and thrown about the room—the frames were quite incapable of being again used—knows the two prisoners very well; Chettle lived on the right hand side of Chapel-street, witness lived on the left—does not know how long Chettle may have lived there, but above two years: ever since witness went to reside in that street—has known Glover four years—Glover lived fronting the gardens, about five hundred yards from witness’s house.

Ann Wright was the daughter of the last witness, went to bed at a quarter before one by their clock, but their clock was half an hour too fast, leaving her sister Eliza and Hannah Lane up in the house—went to bed without a light, thinking her sister would follow her—soon went to sleep, but was awoke by a chopping at the door, and her sister shrieking—by the sound she conceived it was an hatchet with which the door was struck—jumped out of bed, and heard blows at the dooe for two or three minutes; ran to the chamber door and shrieked out "murder"—heard her mother's voice on the stairs, her mother said "Eliza," or "lasses," she could not distinguish which, "what's the matter"—witness stood still with the chamber door open some time—her mother went away, and the dog and the men made such a noise, that she did not hear what her mother said further—her mother was below—"I heard men speaking but did not hear what they said but I heard after some of them say, ‘men, there are two of you forgetting your voices,’ this voice appeared to come from the street, from the street door; my chamber faced the street—my sister Eliza said ‘that's Chettle, never mind,’ I said it was Chettle and all" (a very common phrase for also)—witness thought then she knew the voice; had known Chettle eight or nine years, and was well acquainted with his voice—witness then went to the window, turned the curtain aside, and opened the sash five or six inches—she saw Thomas Glover, one of the prisoners at the bar, walking about; appeared to be walking to Wayman’s yard end, about twenty yards off—he walked backwards and forwards before the door, and had on a light great-coat, with the collar tied up to his chin by a handkerchief—she then saw John Chettle go up to him from her father's door—Chettle was in a cloth great-coat, tied up to the chin in the same manner as Glover’s—she had a good opportunity of seeing their faces, three separate times—cannot say whether there was a light, she saw no light—"it was a dark moonlight night, as though it was going to rain," Chettle and Glover talked together a few minutes—Chettle returned towards their door, and shouted "don't you break the globes, you've done enough," at this time John Chettle and Thomas Glover, the two prisoners at the bar, looked up, and she had a good opportunity of seeing their faces—at that period there appeared to her a sound from above like the smashing of iron, as if the frames were breaking—witness had known both Glover Chettle eight or nine years; she dare say she knew them as well as her own father; has no doubt at all of their identity; is sure it was them. To Chettle's call respecting the globes, the men above replied, "O [damn] them, we have not done half enough yet," and there was a smashing of glass, as if the globes were breaking, in an instant—witness then went to the chamber door, and heard a sound as though a man was coming up stairs, she directly crept under the bed, and her sister Eliza blowed out the candle, and dropped the candlestick on the floor—when she thought the man was gone down, she got from under the bed, and went to the chamber window again. Thomas Glover was still walking about; in a few minutes he returned again towards their door, and when about half way, he met Chettle coming from the door—they talked together a few minutes—there was a light in the shops above her, a reflection against the wall opposite, by which he saw their faces—both put their hands before their mouths, and shouted, "Ned, Bill, and Joe, you're in danger;" the men in the shops replied, "who dare face us while we’ve pistol and shot"—the men seemed to her as if they immediately proceeded to the third shop—the middle shop is over her room—Glover and Chettle shouted again, and said, "Ned, you're in danger"—she heard a smashing in the third shop before this was shouted—the men above called out that they had had ale, and would have more yet—the men staid in the shop two or three minutes longer, and then came down stairs; when they were in the street heard them fire two pieces, she saw about twenty men go down the street. Witness went up stairs into the shop about a quarter of an hour after, and saw that the twelve frames were broken, the carrying bars, and other parts of the frames were lying about the room—is quite sure that she was not mistaken about the persons of the prisoners.

Hannah Lane was the next witness sworn on the part of the prosecution. Was apprenticed to William Wright; when she had been in bed about a quarter of an hour on the night in question, she was awake by a noise like that of iron falling—she slept over the shops, and goes up a ladder to the room; when she heard the men breaking the frames, she came down five steps of the ladder, and saw the light of a small candle, and three men in the first shop, one of the men perceiving her, pointed a pistol to her, and said, if she did not go back, he would blow her brains out; saw something like coal hammer in one of the other's hands; the light went out soon after, and one of them went down stairs; they told him he might [poke] for a light; but shortly called to him, and said, they had got a lamp, and could do without it. When the men were gone, she went into the shops, and saw all the frames broken; she saw a bunch of matches lying on the floor but did not pick them up.

Mr. Denman decline cross-examining this witness.

Mary Wright, wife of William Wright stated that she left her daughter Eliza and Hannah Lane below when she went to bed: a little time afterwards heard persons at the door, and a great noise, she thought at first it was her daughter and went and called her: when the men had got into the house set, came up the stairs, close to her room door; she heard the breaking of the iron when the men had got into the rooms above; her window looked into the turnpike-road, the Alfreton Turnpike-road; her daughter's window looked into Chapel-street; their’s was a corner house; plainly heard a noise at Mullen’s door. Witness was on the stairs when the men forced an entrance, but instantly went into her room, shut the door, threw up the sash of the window, and called out "Murder!" intending to alarm Mullens, who lived at the next-door; when she had opened the window, she saw twelve men, a pistol was snapped at her, it only flashed in the pan, it did not go off; one of the men [damned] her, and bid her shut the window, but before she had time to obey the command, a number of stones were thrown, which broke five panes of glass. She heard a voice proceeding from the workshops, "Ned, bring a light." three separate times; and from the bottom of the stairs there was a call "Ned, you're in danger!" the men did not [illegible] then [illegible] into the third shop [illegible section] called again, they came down immediately; when the men had got into the street, she distinctly heard two pieces fired, and saw the flashes; she thought she saw another flash, but is not quite certain.—When she went down stairs, she found two pannels of the door, and the lock broken. Witness produced, in court, a quantity of the lace which was on the frames at the time they were broken; the lace was full of holes. The damage done to their own property, in lace and frames, was computed at 260l. 10s, independent of the damage done to the frames which did not belong to them.

Here the case for the prosecution ended.

Baron Graham having called upon the prisoners for their defence,

John Chettle declared, in a very emphatic manner, that he was an innocent man, and never did any one a "halfpeth" of injury in his life. He left his defence to his counsel.

Thomas Glover also said he was innocent of the crime laid to his charge, and he left his defence to his counsel.

The Learned Judge informed them that their counsel could not speak for them, he could only call and examine the witnesses; if they had any thing to say, they must say it for themselves.

The prisoner having declined saying any thing further.

Mr. Denman proceeded to call the witnesses, and the first witness that was sworn, was

Mary Ann Wakerley, who lives in Lamb’s-buildings, Broad-lane, and occupies a room there, which is the next room to Jemima Hague’s. Witness saw the prisoner Chettle in the course of the evening of the 8th of July; he came to her room at eight o'clock, and remained there about three quarters of an hour; he then went away, and returned about eleven o'clock; witness was not then in her own room, but Jemima Hague’s room; and did not return to her own room till two o'clock in the morning; had no supper; there was a bit of a merrymaking, and a little ale; there was nothing else. The merrymaking was on account of her son having lately come from soldiering. Her son was there that night, as well as William Ash, Francis Poyner, and Ann Jervis; these were all present at the merrymaking—Chettle drank some ale with them, and after a little time fell asleep, and remained in that state the whole of the night till two o'clock; she let him sleep, as long as she conveniently could, on account of his lameness, he had a little time before, broken his leg; she heard the clock strike two on going to her own room; colour, and came in and waked him herself; being very fresh at the time, had something to do to make him sensible, he went home; this was about a quarter after two; is quite positive he never left the room from eleven till two; is sure the clock struck two before she awoke him; recollects the day very well, for she heard of the frame-breaking the day after, being Sunday.

Re-examined by Mr. Denman.—Chettle pays for the three children he has by her; they were on the Saturday night and Jemima Hague’s room—she could trust Chettle more safely by himself at two o'clock that she could before, because it then began to get light.

WILLIAM BARROWS knows Chettle very well; did not hear the frame-breaking till Monday. Witness is a publican, and keeps the Cross Keys, in Nottingham—Chettle came to his house about nine o'clock or a little after, and staid there till about eleven.

Wm. Ash, Jemima Hague, Frederick Wakerley, Ann Jervis, Francis Poyner, Ann Dry, and Wm. Price, corroborated the evidence of the last witness, particularly as to seeing Chettle about two o'clock in Wakerley’s room.

Catherine Shaw lives in Back-lane, in the way from Lamb’s buildings to New Radford; her residence is about a quarter of a mile from Wright’s house; saw the prisoner Chettle on Sunday morning; she was washing the children's things, in order that they might be ready to go to the Sunday School in the morning; had occasion to empty the suds into the street; it was then getting daylight; saw a person come up the lane, as far off as she could see; he was coming up the lane towards New Radford; when he got towards her, she knew it to be John Chettle; she talked to him five or six minutes; he was very tipsy; he went, when she parted with him towards New Radford; she heard the quarter jacks of one of the town’s clocks strike, just before Chettle came, it went a quarter past two; she went to look, and found it a little faster. Witness knows Ann Wright, believes Ann Wright is not to be believed on her oath.

Richard Parker knows the odd Fellows Arms public house, at New Radford; he was there on the evening in question; the house is kept by Mr. Cooper; witness was in the tap-room, and there were about half a dozen people present; three countrymen sat on the right hand side of the room—there was a party the parlour, as he understood, a party of waterman (water-carriers.)—saw Thomas Glover come into the kitchen about nine o'clock; he sat in front of the kitchen; went out in about an hour, and came in again in twenty minutes; brought some stakes in his hand, which were ordered to be cooked; they were cooked accordingly, and brought on the table, and eaten—the persons who partook were Glover, himself, Langton, Booth, Husband, Elliott, Gamble, and Wheatley;—every one paid for his bread. Witness had Glover in view most the night—Glover never was absent while he stood there, more than a minute when he went out—when witness got home, it wanted about a quarter to two; went straight home—lives only about 200 yards, from the public-house, and the same distance from Wright’s; the reason he knows it was about a quarter to two is, he has a clock in his shop, which he always draws up on Saturday night, he drew it up as soon as he got home—the waiter at the public-house wanted them to go at 12 o'clock, but the company did not then depart.

Mary Cooper is the landlady of the Odd Fellows Arms public-house—Glover was in the tap-room on the night of the 8th of June.—Mr. Cooper, her husband, was unwell, and sent early to bed—she refused either to serve their party or the watermen, after 12 o'clock, and had seen him at 10, witness was not constantly in the room—after two o'clock they departed. She cannot say that Glover never went out after 11 till two; but she never saw him go out.

Mary Goddard was a servant in the house, and was waiting that night on the tap-room company—saw Glover there; she was employed taking liquor in all the night;—Glover came in with the stakes about ten o'clock, and never left the tap-room, only to go to the door; he was never absent above two or three minutes—in the course of the night she went out the back way for water, and heard a great noise and pistol go off; she came back immediately, and the company were all in the house—her mistress was frequently urging both companies to go, but could not get them to go in a reasonable time, not till two o'clock, in the morning, by their clock

Cross-examined—Witness went out for the water about one o'clock, into the brewhouse—did not mention what she had heard to the company in the house, though she was so frightened as to run in without the water—some of the company went to the door, but of course she did not follow them—Glover went to the door, but never was out more than two or three minutes, cannot say exactly how often nor how long; once in the course of the [illegible] [illegible] she went to the door, a man came by [sentence illegible] but slouched, as though he wished to hide his face; she heard a great smash, like the smashing of slates, but never mentioned it that night. Glover might go out three or four times—three of four minutes was the longest time Glover could be absent she believes.

Cross-examined—Glover was dressed as usual; the bar is next to the street, and she had no noises.

Joshua Wheatley is a framework-knitter; he was present; a treat was given that night by Glover, on account of his going to work in a twist machine of Mr. Kirkland's—witness never lost sight of Glover, nor saw him go to the door; he sat within three or four persons of Glover, and is sure Glover was present when the party broke up a few minutes before two o'clock.

Cross-examined by Mr. Clarke.—Witness will swear that Glover never went to the door—neither did he. Witness and Glover sat near together, and he never lost sight of him—he sat near the window; heard no noise except some like the shake of the window.

James Oakley was invited by Glover that night to his treat—sat next to Glover nearly the whole of the time.— Glover never left the room, he will swear that—he left the house near upon two o'clock— Glover was then present.

Thomas Amatt was at Cooper's house that night; Glover never left the house from the time witness joined the party, till he departed; had Glover gone out, he must have passed by, and disturbed witness.

Simeon Barrett, Samuel Husband and George Green, were also at Cooper's, and saw Glover there about two o'clock.

Thomas Gibson knows Ann Wright,; saw her at a quarter before two on Sunday afternoon, at the corner of her own house; she took him into the shop, and he asked her if she knew any of the offenders; she said no she did not; her sister Eliza was unlacing her boots in the house when they came to the door.

Ann Wright was again called, and declared she never said her sister was unlacing her boots in the house.

Thomas Gibson will positively swear that Ann Wright told him her sister Eliza was unlacing her boots in the house when the men came to the door; she mentioned to him that she and her sister Eliza go up stairs; she did not know any of them, for she was under the bed all the time.

William Leighton, a cordwainer, remembers seeing Ann Wright on Sunday about eight in the morning. He said to her, "What! Ann, you have had Ned Ludd at your house?" She answered, "Aye, that we have." He said "Do you know any of them;" and she answered, "No! I was [illegible] [damned] frightened for that, by God!" Witness has known her for more than seven years, and does not believe she is to be believed on her oath.

Q. Is not Mr. Smith one of the gang, one of the committee?
A. I do not know what you mean, Sir. 
Q. Will you swear that you don't know what is meant by the committee? 
A. Yes, I will.—(Hisses from the spectators in the hall.)

Adam Nelson, framework knitter, Benjamin Moore, Nathanial Longmire, a lace manufacturer, [illegible] Bostock, Francis Tealhy, grocer, Wm. Willoughby, Thos. Smith, Joseph Harper, James Fisher, John Dufty, Samuel Rowland and William Hazeldine, gave Chettle and Glover good characters, as peaceable, honest and industrious men.

At about twelve o'clock, the Learned Judge proceeded to give his charge to the Jury, and recapitulated most of the evidence from memory, regretting that he could not well see by candle-light to read the notes that he had taken. Some of the most particular parts of the evidence he read, and [after] a few remarks, committed the case to the Jury; recommending pointedly and indeed commending the numerous spectators not to make any sign of approbation or disapprobation, let the verdict be whatever it might.

The Jury, after a consultation of about twenty minutes, said they had not sufficient evidence of the guilt of the prisoners, and therefore in a formal manner gave in their verdict.—Thomas Glover not guilty—John Chettle not guilty.

On the verdict being announced, the spectator gave three times three huzza’s and paraded the [Town] shouting and rejoicing for some hours. The Court did not break up till about two o'clock on Sunday morning.

The Morning Post of 19th August 1816 carried an article from a 'Lincoln Paper, August 16' which gave a colourful description of the temper of the proceedings thus:

We are sorry to learn that the demoniacal spirit of a part of the population of the town and neighbourhood of Nottingham was again manifested at the trial of the Luddites there at the late assizes, all of whom were acquitted. Many of the Member of the Court were insulted, and the Learned Judge (GRAHAM) who tried the prisoners, had the most scandalous language addressed to him in going and returning from the Court. A more humane and amiable man, or one of  more urbane manners, and in whom the desire to acquit himself as becomes his difficult and high station more clearly appears, does not exist; and it makes us burn with indignation to hear that such a man should have been insultingly mouthed by the scum of England's population. We understand that a fine of 5000l. has been set on the county, for the injurious example it has afforded in the excesses by which it has been distinguished.

The Stamford Mercury of 23rd August 1816 carried a brief article which gave a different view of proceedings, which perhaps explained why Baron Graham had difficulty seeing by candle-light:

The late trial at Nottingham of the Luddites lasted till half-past two o'clock on the Sunday morning! As the evening advanced the conduct of the audience, particularly in the outer hall, became very tumultuous: the lights were put out by the crowd, who called out "No lights here!!" Every thing in favor of the prisoners was applauded by clapping of hands; and when the prisoners were declared Not Guilty, the verdict was received with three cheers within the hall, and three times three without. Upwards of two thousand men were collected, the major part of whom had sticks, and some are supposed to have had pistols concealed. What the effect would have been had a verdict of Guilty been pronounced against the prisoners, it is shocking to think!

Saturday, 16 July 2016

16th July 1816: One rioter imprisoned for Norwich riot in May 1816

On Tuesday 16th July 1816, the Norwich Quarter Sessions commenced & the trials included cases of rioting that took place in the city in May.

The Bury & Norwich Post of 24th July reported the following:
Robert Hatton, the younger, was tried for a misdemeanour, in having, together with other persons unknown, riotously assembled in the Market-place of this city, on the evening of the 17th of May last, and acted in a violent and tumultuous manner. On being called upon for his defence, the prisoner threw himself upon the mercy of the jury, who after a few minutes deliberation, returned a verdict of Guilty, but recommended the prisoner to the mercy of the Court. He was sentenced to three months’ imprisonment in Norwich Bridewell.—No true bill was found against Hardy Sheppard, who had been committed for a similar offence.
Meanwhile, the Norfolk Chronicle of 20th July carried the following report:
Robert Hatton, the younger, was tried for a misdemeanour in having together with other persons unknown routously and riotously assembled in the Market-place of this city, on the evening of the 17th of May last, and for having acted in a violent and tumultuous manner upon that occasion. By the evidence of several very respectable persons, it was proved that the prisoner had on the above occasion, distinguished himself amongst the mob by exciting others to assist him in acts of violence, and particularly by endeavouring to frighten the horses upon which the cavalry were mounted, by means of a fireball, at a time when the cavalry were called out to aid the police in preserving or restoring the public peace. On being called upon for his defence, the prisoner threw himself upon the mercy of the jury, who after a few minutes deliberation returned a verdict of guilty, but recommended the prisoner to the mercy of the court. 
He was sentenced to three months present in Norwich Bridewell.  
No true bill was found against Hardy Sheppard, who had been committed for a similar offence.

Saturday, 16 January 2016

16th January 1816: The Leeds Cloth Dressers Union case comes to court

On Tuesday 16th January 1816, the case of the Union Officers arrested and charged with aiding and abetting an illegal combination (i.e. Trade Union) by Leeds Magistrates in December was heard at Leeds Borough Quarter Sessions. The Leeds Mercury of 20th January 1816 gave a good summary of the proceedings:

TILLOTSON, SUNDERLAND, & OTHERS, Appellants, REX, Respondent
The Appellants, who are cloth-dressers, were convicted on Tuesday, the 19th of December last, by Whittell York, Esq. Mayor, and Thomas Ikin, Esq. on a charge of combining to hinder Messrs. Oates and Hardisty, cloth-merchants, of this town, from employing Thomas Marshall, as a cloth-dresser. Mr. Williams, who came from Preston for the purpose of sustaining the appeal, had been especially retained by the Appellants at a very considerable expence. His assistance, however, turned out to be unnecessary, as Mr. Maud, who was Counsel in support of the Conviction, stated to the bench that it was impossible the conviction could be legally sustained, as the Magistrates before whom the the conviction had taken place had no jurisdiction in the case, the act having especially provided, "that no Justice, being a master in any trade or manufacture, concerning which any offence is charged to have been committed should act in execution thereof." On this ground Mr. Maud said, the conviction must necessarily be quashed, for if that Court should affirm it, the Court of King's Bench would, would, under the circumstances of the case set such conviction aside. He concluded with moving that the conviction be quashed, to which the Court of course assented.—Conviction quashed.

Saturday, 21 March 2015

21st March 1815: The trial of James Towle, for framebreaking, at Nottingham Lent Assizes

On Tuesday 21st March 1815, perhaps the most notorious Luddite in the Midlands - James Towle - took his trial at Nottingham Lent Assizes, charged with burglary and framebreaking. The offence had taken place the previous September, and Towle's arrest had led to a chain of events which included the attempt on the life of the prosecutor, Thomas Garton, and the actual death of a Luddite, Samuel Bamford, as well as a bystander, William Kilby, several weeks later.

The Judge in this trial, Sir John Bayley, had presided over the trials of the Nottinghamshire Luddites tried 3 years before at the Lent 1812 Assizes, where his sentencing had been considered lenient by many in the establishment.

The following account of the trial is from the Nottingham Review of 24th March 1815. Interesting details seem to have been omitted, but were included in an account from the Derby Mercury of 30th March, which follows:
James Towle of Basford, stood indicted for burglariously entering the dwelling house of Thomas Garton, of the said village on the 5th of September, and stealing thereout a quantity of metal (pewter,) three starbrasses, a number of needles, and three pair of stockings and an odd one. He stood further indicted for entering the said house, and feloniously breaking six stocking frames, the consent of the owners thereof not having been previously given.

Thomas Garton deposed, that he fastened his doors by ten o'clock, on the night named in the indictment, when himself and wife went to bed—that, between one and two o'clock he was disturbed by a number of persons knocking at the street door, when he got up and asked who was there, and was answered by James Towle, whom he had known seven years, "it is Ned,"—that the door then flew open, and a number of men rushed up stairs, and the same voice which had answered "Ned" called twice for lights, while the person so calling stood on the stairs, whom he was confident was Towle—that the greater part of them proceeded into the work shop, where they continued half an hour breaking frames, while a person stood on the stairs calling out, at intervals, "Ned do your duty, all’s well." Witness stated further, that he got while the men were in the premises—that three men who worked with him, lay in a room adjoining to his bed room—that as soon as the frame-breakers were gone he went to the house of Hemsley Dunn, constable of New Basford, who went with him to Towle’s house with a view to apprehend him, under a conviction on his part, that he, Towle, was one of the depredators; but, when they got there, Dunn refused to break into Towle’s house.—Witness then obtained the assistance of John Seymour, constable of Old Basford, who searched prisoner’s house, but did not find him there; they then, from information received, supposed Towle might be at Papplewick, about four miles off, whither they went, but did not find the object of their pursuit. They then went to the house of John Bamford of Old Basford, where they took prisoner into custody, about six o'clock in the morning. On his cross-examination, witness stated, that he did not know that Towle worked at Bamford’s, though he lived within an hundred yards of him—that he did not know the number of his children, nor that such children were ill at the time of the measles—and that he never said to Reuben Kilder, John Torr, or Andrew Pearson, that if he had any more frames broken within five years, he would make Towle suffer for it, or words to that effect. Of this he was quite sure, and would swear it.

John Seymour deposed to the above, as far as his name was connected with the circumstance; and further stated, that as he passed by Bamford's house on his way to New Basford, about three in the morning, he saw a light and a man therein. He further deposed, that when he had conducted Towle to Nottingham, who surrendered and came with him without opposition, he told witness he wished to speak with him in Private—that, when thus alone, prisoner asked him if he had found a sword and a chisel at his house, to which he answered "yes," though he knew he had not found such implements—that prisoner then said "don't say any thing about them"—that he afterwards searched Towle’s house, and found a chisel, but no sword; and that he went to Garton's house, and found the chisel to fit the indent in his door, which had been made in the act of forcing it open. He endeavoured to state, that he had found the same indent upon several other doors near to Garton’s, but the Judge and Counsel refused to hear him. On his cross-examination he admitted, that prisoner’s children were ill at the time.

Edward Hawke worked with Garton at the time his frames were broken—saw prisoner the previous evening at the Three Crowns, in Parliament-street, Nottingham, when prisoner said to him, "don't you work with Garton?"—A. Yes. "Then I suppose you receive tup mutton for your work!"—A, "I have no occasion to receive mutton, if I don't like it—I receive the same as other folks."—"Are you not abated in your price?"—A. "Yes, we are abated."—"Then your frame shall be broke." Witness stated this conversation to have taken place in an open kitchen, and before an indiscriminate company; and further, that prisoner asked him where his frame stood, and, after having described the place, prisoner said to him, "I know where it stands—it is a 35 gauge." Hawke said he communicated the substance of this conversation to Garton the next day. On his cross-examination he denied having received any subsistence money from Garton since he left him—stated he had worked at Mansfield; and that he had been in the house of correction for personal safety.

John Sutton said, he worked with Growcock, a smith, at Basford, at the time Gaton’s frames were broke—that he went to bed, in Growcock’s house, at nine o'clock that night, it being Sunday—that Towle came in half an hour, and asked his master to lend him an iron crow—that his master replied, "Towle, if you don't leave off frame-breaking you’ll be taken and hanged;" that Towle said, "I'll be damned if I don't reinforce,"—that Growcock said he would not lend the crow, for fear it should be left, and be noticed; but he would lend him a bar. Witness, in his cross-examination, admitted that he was in bed all the time and this conversation took place—that they were out of doors; that he did not see Towle on the occasion; and that he was not much acquainted with him, yet he would swear to his voice. The Judge remarked, on summing up this part of the evidence, that it was singular that Growcock had not been brought into Court, by one or both of the parties.

On the part of the prisoner following witnesses were called, to wit:—

John Bamford, a framework-knitter, of Old Basford, stated that Towle set his frame in his shop—that at the time named in the indictment, Towle had an order of broad shammies to make in a hurry, the completion of which would occupy all his time and attention—that his children were ill of the measles, which very much broke his rest, which, if not guarded against, might, very possibly, prevent his completion of the order, and disappoint his employer, which would have been an improvident circumstance, considering the critical state of the trade at that time. Witness went on to state, that a person of the name of Lowe, worked and lodged with him at the time, whose family resided in Nottingham, that in consequence thereof his bed was generally unoccupied on Saturday nights, Sunday nights, and Monday nights—that he understood Lowe had [persuaded] Towle to sleep in his bed, while his children were so ill, to which he, witness, gave his consent—the Towle came accordingly on the Sunday night, named in the indictment, and went to bed about half-past ten, saying he must rise early in the morning, on account of his order—that he locked the door, and himself and wife went to bed before eleven—that they slept in a small parlour, the door of which is near the house door, and also near the foot of the stairs—that having left the key in the door, contrary to his usual custom, his wife got up and fetched it into the parlour—that Towle rose at three in the morning to go to work—and that he, witness, struck, and gave him a light, which accounted for the light and man being seen in witness’s house by the Constable Seymore, as he was going to the assistance of Garton. From the description which witness gave of the interior and situation of the house, he endeavoured to make it manifest, that no one could get out, or come in, in the night, without his knowledge; and he believed on his oath, the Towle had not been out during the night.

Reuben Kilder worked and lodged with Garton at the time the frames were broken, and slept in a room near to Mr Garton’s—heard the frame-breakers doing the mischief—heard one of them say, "All’ well, Ned do your duty:" but did not hear Garton ask, "Who’s there;" nor did he hear any one answer, "Ned." Witness said, that Garton said to him, a short time before last Nottingham races, "If ever I have any more frames broke in my shop, I will make James Towle suffer for it!" This he said was spoken in the presence of John Torr and Mrs. Garton, the latter of whom swore positively to the contrary.

John Torr was next sworn, and he stated that Towle went with him some time ago to take a frame of Garton, on which account the latter said to him shortly after, "You are to blame for bringing Towle with you, for he is a frame-breaker." And in a conversation about Christmas, 1813, Garton said, "If I have any more frames broken within five years, I will have him taken up." Witness stated that Reuben Kilder was not present when any conversation of this nature took place with Garton.

Andrew Pearson had worked with Garton, who said to him one day as prisoner was passing by in their presence, "Do you know Towle? That's him: and, if I have any more frames broken, I will have him taken up."

On the flat contradiction given by Torr to part of Kinder’s testimony, the Judge remarked in his summing up, that though a person might remember the import of any particular conversation, it did not follow that he must always be correct as to the persons who were present; a circumstance which was frequently proved to most men of observation; and, if confidence could be placed in the testimony of the last three witnesses, it would most materially affect that of Garton's.

Mr Mason, warehouseman to Towle’s employer, was now called to prove that he had the particular order of broad shammies at the time previously named; but the Judge thought his testimony unnecessary.

Sarah Saxon, a neighbour to Towle, proved that his three children were ill of the measles at the time named in the indictment; and that there was but one bed for the whole family.

John Lowe, named in Bamford's evidence, proved Towle’s having applied to him for permission to sleep in his bed, on account of his work and his being disturbed so in the night.

Here the evidence closed; and it may be necessary, for the information of many of our readers, to state the following, as a few of the Judge's remarks in his summing up, in addition to what we have necessarily given in detailing the evidence. His Lordship said, that there was no evidence to fix the guilt upon the prisoner, but the testimonies of Garton and Sutton, and that was wholly upon swearing to his voice, a species of testimony always to be received with extreme caution and doubt; except the evidence of Hawke, which, if true, prove the prisoner to be one of the most indiscreet men on earth, if he was really serious in what he said; and the circumstance of the chisel, which Towle might have lent the frame-breakers, which, if true, did not affix the actual guilt upon him, because he was not charged as being accessary to the perpetration of the crime, but as a positive committer of it. Had this chisel been the bar named by Sutton, it would have been a strong circumstance in proof of his guilt. Upon the whole, said his Lordship, if the Jury are of opinion that Garton and Sutton's testimonies are to be depended upon, respecting their swearing to the prisoner's voice, in opposition to the opposing witnesses, they will then find the prisoner guilty; but, if a doubt remain their minds, they ought to give the benefit of that doubt the prisoner, and acquit him.

The Jury consulted about half an hour, and gave a verdict of Not Guilty.

Counsel for the Prosecution, Mr. Serjeant Vaughan and Mr. Reader—Attorneys, Messrs Coldham and Enfield, Nottingham. Counsel for the Prisoner, Mr. Serjeant Copley and Mr. Denman—Attorney, Mr. Henry Wilkinson, Nottingham.
In their more brief coverage of the trial, the Derby Mercury of 30th March mentioned that the trial lasted 4 hours, and the following passage provides details that the Nottingham Review seemed to have omitted:
[When the Jury gave the verdict] The words were scarcely uttered, when an instantaneous shout was set up by a crowd pressing round the outer doors of the Court, anxious to hear the result. The Judge, in conclusion, admonished the prisoner against the continuance of practices, which had that day placed his life in such imminent peril; and assured him, that however individuals, might, for a time, elude the just vengeance of the law, it would eventually be found strong enough to punish and crash all violaters and disturbers of the public peace.—On the Court breaking up, the crowd out of doors testified their satisfaction at the verdict by repeatedly cheering the Judge, Counsel, &c.