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.

16th February 1816: Lancelot Rolleston asks the Duke of Newcastle to pay William Cook's legal costs

My Lord Duke,

I have the honour to acquaint your grace, that the confession made to me, by one John Blackburn, of the Town of Nottingham, Frameworkknitter, who was apprehended in the night of the 2nd of Jany last, in a daring attack upon the house of William Cook, gamekeeper to Lord Middleton, has led to the apprehension of most of those individuals, who have for so many years infested this County, under the name of Luddites. Among the various depredations brought to light by this circumstance, I have come to the knowledge of the persons, who so wantonly attempted the life of George Kerry, of the Parish of Radford, which it may be your Grace’s recollection, took place the Sunday night before Christmas day; the attack was made by four in number, two of whom are in custody, & I have every reason to hope the others shortly will be. I am sure you Grace will agree with me, as to the necessity of prosecuting these men; but Kerry is merely a working stockinger, without the means; under these circumstance, & more particularly as he is a tenant of your Grace’s, I have taken the liberty (and I request you believe it is with infinite respect to your Grace that I venture) to submit, whether it may be agreeable to your Grace, to afford Kerry, the assistance necessary for that purpose. I have satisfaction, at any time it suits your Grace’s convenience, in laying before you the extensive communications made to me, which with some confidence I express as my opinion, will be the means of entirely suppressing that system of outrage, which has hitherto defied the utmost vigilance of the Magistracy.

Waiting your Grace’s commands,

I have [etc]
Lanct Rolleston

Watnall
Feby 16th, 1817