Showing posts with label gervas marshall. Show all posts
Showing posts with label gervas marshall. Show all posts

Sunday, 1 July 2012

1st July 1812: The County Clerk of Nottingham presents the bill for the prosecution of Luddites to the Home Office

Rex v. Carnell and Maples
Same v Osborne
Same v Marshall
Same v Slaney

My Lord

I take the liberty of inclosing to your Lordship my Bills of Costs in the above prosecutions, which were directed to be carried on by and at the expence of his Majesty's Government; and shall be obliged by your Lordship giving the necessary directions the discharge of the Amount being £423: 17: 7 —

I am also directed by the Magistrates to transmit to your Lordship a Copy of the Depositions against William Godfrey another prisoner Committed for Trial at the next Assizes for framebreaking and to request that your Lordship will be pleased to communicate to and for their information, whether the Crown will think right to direct the prosecution against this prisoner also.

I beg the favor of an early Reply
And have [etc]
Geo. Sculthorpe
Nottm 1st July 1812.

[To] The Rt. Honble
The Secy of State—

[Henry Hobhouse replied 6 days later informing the Home Office that the Government would prosecute William Godfrey]

Friday, 30 March 2012

30th March 1812: The seven Nottinghamshire Luddites sentenced to transportation leave the town forever

The seven men sentenced to transportation at the Nottingham Lent Assizes - William Carnell, George Green, Benjamin Hancock, Gervas Marshall, Joseph Maples & Robert Poley - had been waiting for several days for their removal to the South of England. Amongst the authorities, there were concerns that a rescue may be attempted.

Special arrangements had been made for their journey. Two Bow Street officers - Pearkes and Adkins - had arrived in Nottingham on Saturday 28th March 1812 to facilitate their removal from the Town Gaol with the least possible fuss. The Bow Street men had arranged with the proprietor of the stage-coach to hire the whole vehicle for all of the journey and an escort of Hussars were to ride with the transport removing them at some distance from Nottingham.

On Monday 30th March, the stage-coach was brought to the prison at 5.00 a.m. All seven men were handcuffed prior to leaving the prison and moved to the coach as quickly as possible, with a simultaneous signal being given to the cavalry to mount up and surround the coach. Pearkes and Adkins were to ride with the coach themselves, with one of them inside and one on the outside at all times.

The crowds the authorities had expected did not materialise in significant number, not doubt due to the early hour. As it was up to 40 people turned up, but the speed of the operation and the numbers involved meant nothing material occurred.

The coach and escorts stopped at Leicester to breakfast, and apparently drew some crowds out of curiosity. On their way again, the cavalry escort left the stage-coach a few miles out of Leicester, to be replaced by another escort of the Blues.

The seven Luddites arrived at Newgate prison in London the following day. By Thursday, they had been delivered to the prison hulks at Woolwich, their home for several weeks. Although a petition signed by four thousand Framework-knitters had been sent to the Prince Regent asking for mitigation, the men would begin their forced journey of several thousands miles and several months to Van Dieman's Land in June, never to return.

Monday, 19 March 2012

19th March 1812: Judge Bayley writes to the Home Office about the outcome of Nottingham Lent Assizes

(Private)

Nottingham
18 March, 1812

Dear Sir,

The Assizes here have finished, with the exception of one case for a threatening letter, to be tried—tomorrow morning. There have been two Acquittals, and as I think rightly, and the other persons have been found guilty of transportable offences, and some I have sentenced for l4 years, some for seven, but as you may perhaps wish to know something of the cases to exercise your Discretion upon them, I will notice them very shortly —

Wm. Carnell aged 22 & Jos. Maples aged 16} were both found guilty, and sentenced for 14 years: Carnell was the Leader and Director of a mob of 13 who broke into a House about 8 in the evening, and destroyed 7 frames—but he had the merit of protecting the occupier of the House, an old man of 70 from any personal violence; Maples called several witnesses to prove he was the whole evening a quarter of a mile off, and tho’ the Jury disbelieved them, I am not quite clear that the verdict was right. However, Maples was apprehended the next Night with a pistol about him.

Benjn. Poley aged l6 — pleaded guilty: and the particulars of his case were not detailed.

Benjn. Hancock aged 22 was proved to be a Ringleader where the mob amounted to above 1000, and many of them had arms, and where Frames to the Value of £400 were destroyed at one House: He had a very good character, but was clearly at the head of that outrage.

Gervas Marshal aged 17 Geo. Green aged abt. 22} were also found guilty as being of Hancock’s mob—They were probably drawn into the outrage, without considering the consequences—and Marshall and Green had very good characters. They were all however proved to have broken Frames, Marshall went into a Shop for the purpose the two others contributed to break them after they were thrown out of the shop window.

I shall adjourn the Assizes till the 5th of July, unless some of the persons in the Commission shall first come on given Days in April, May or June, and the Juries have been so far ready upon fair Cases to convict, and the Magistrates during the Assizes have behaved with so much vigilance that I think the spirit of outrage will not break out again. I may however be too sanguine.—I am [etc.]

J. Bayley

18th March, 1812

I have opened my letter to say that the Case upon the threatening letter terminated in an Acquittal, upon a variance, but I think it right to mention that it appeared in evidence that one of the witnesses, on the part of the prosecution had sent away from the Assizes yesterday a Servant in the House whom he knew the prisoner had been endeavouring to subpoena, and had it not been for the Acquittal it is very probable that conduct would have excited considerable indignation.

I enclose a note handed up to me by the Gaoler from Carnell, which shews that his spirit appears subdued. Of course I did not see the man, but desired him to make any Discovery he thought fit to the Gaoler or to Mr. Hobhouse.

Sunday, 18 March 2012

18th March 1812: The trials of Benjamin Hancock, Gervas Marshall & George Green at Nottingham Lent Assizes

The Nottingham Review of 20th March 1812 recorded how on Wednesday 18th March 1812, some of the remaining prisoners accused of frame-breaking took their trials at the Nottingham Lent Assizes:
Benjamin Hancock, aged 21, charged with frame breaking at Sutton-in-Ashfield, on the 13th of November, 1811, was next brought to the bar.

Sarah Betts was the first witness called. She deposed that on the day above stated, she saw about a thousand persons, 11 on abreast, some armed with guns, assembled in Sutton; that she bolted her door for safety; but that the hammer-men advanced and broke the pannels in pieces.

George Jefferies, a boy of about 12 or 13 years of age was next examined. He stated, that he was at Mr. Betts’s when the frames were broken, but did not see the prisoner there; saw him at Kirkby, when he had a gun in his hand, but did not hear him say any thing to the mob; though he we went to a house and demanded a gun, which he gave to Wm. Fell.

Robert Hodges, also very young, was next brought forward as a witness; said he saw a large mob at Sutton, on the day alluded to in the indictment; but when he was asked if he saw the prisoner there, he began to weep most bitterly. After his passion had a little subsided, he said, he saw the prisoner there with a light coloured hat on and a gun in his hand.

_____ Hayes, another boy remembered Betts’s frames being broken, and saw the prisoner in the mob with a gun in his hand; saw him at Kirkby with two guns; saw the mob throw frames out of Betts’s window was, in Sutton; saw Robert the Scotchman there, but did not see the prisoner do any thing, nor was he well acquainted with him.

William Richards was working for Mr. Betts on the 13th of November; saw the prisoner in the front of the mob with a gun in his hand. In a conversation, which he said, took place between him and the prisoner, he stated, that the latter said, that the mob consisted of two thousand men; that they had one man shot at Bulwell, and another wounded in the hand. A man came and told the prisoner that they had broken all the frames before them, at which he swore bitterly, charged peace among the mob, and swore he had a mind to shoot any of his men who had broken a narrow frame. He then called for a pilot to lead them from Mr. Betts's new building to his old one.

Francis Betts being sworn, said, he should remember the 13th of November to the latest hour of his life, for that he had property destroyed that day worth £400.

A number of respectable persons spoke to the character of Hancock; but the Judge in his address to the Jury, assured them, as he had done on the preceding cases under the charge of frame-breaking, that character ought not, in the smallest degree, to sway them in their consideration. “For,” said he, “this crime has not that degree of moral turpitude attached to it as other crimes have, which, in the eye of the law, call for a similar punishment. With the worst of crimes, which merit a like punishment, it is equally dangerous to the well-being of society, yet it bears no proportion to them, in moral guilt.”—“Frame breaking,” continued his Lordship, “is not a breach the Ten Commandments, though it breaks down the barriers of peace and felicity, and as such, must be punished with the utmost rigour of the law.”

The Jury found Hancock Guilty, and his Lordship sentenced him to Fourteen Years Transportation.

Gervas Marshall, aged 17, and George Green, the two next prisoners that were tried, received excellent characters; but as they were both found Guilty of being concerned in the Sutton-in-Ashfield business, it is unnecessary to detail their trials, as the riots in that town have been already sufficiently dwelt upon.—They were each sentenced to Seven Years Transportation.

Sunday, 13 November 2011

13th November 1811: Mass Luddite attack at Sutton-in-Ashfield

Sutton-in-Ashfield had been chosen by the Luddites as the next place to be subject to frame-breaking. According to Darvall, the town was a "great centre for manufacture of 'cut-ups' and payment in 'truck'."1

Arnold was the main assembly point for the Luddites that afternoon, and in particular an Alehouse called 'The Hut' where 100 local men had already gathered, with contingents arriving thereafter from Hucknall Torkard, Kirkby & Bulwell. A local militia Sergeant called Jackson allegedly handed out gunpowder to those with firearms. Having mustered, the force then marched alongside the road between Nottingham and Mansfield, stopping for those armed with guns to fire off a few rounds to determine who was the best shot and, therefore, who should be in the vanguard. Their immediate destination was the seventh milestone on the same road2, where they waited to be joined by others there, and then set off en masse via Kirkby - stopping to solicit arms from houses along the way - and headed for Sutton-in-Ashfield, arriving there at dusk (approximately 5 p.m.).

The Luddites halted at a distance of 200 yards from the house of the hosier Francis Betts, their main target that night.Three men had been given the task of approaching Betts directly, demanding he surrender his frames, but the waiting group were given an order to advance 10 minutes later; it seemed Betts would not yield to their demands. The numbers given for frames broken in the resulting attack that night vary3, but up to 70 were destroyed, including all of those owned by the Betts, with the frames being hauled from houses and smashed in the street to cries of 'Roll Up Ned Lud's Family' and 'Hey Luds!'. All kinds of weapons & tools were employed in the attack, including Hammers & Coal Hammers, Hatchets, even Hedge Stakes, as well as the proverbial bars of iron, bludgeons and sticks. One reference tells us that some frames belonging to a Mr Gadsby were also destroyed4. The group then moved on to Woodhouse, to attack more of Betts' frames, along with some belonging to a Richard Nailor. According to William Felkin, the attack left Betts deranged and he died soon after (1867, p.232).

One report in the Leeds Mercury mentions that a Corn Mill was also attacked. But the Luddites did meet some resistance that night from the military: the Mansfield militia & a handful of dismounted Dragoons in the town caught between 8 and 12 of the Luddites: four of them were later remanded in custody to be committed for trial at the next Assizes, these being John Bradbury, Gervas Marshall, George Green & John Clarke5.