18th October 1816: Henry Hobhouse sends a furious response to Benjamin Walker's supporter

Hadspen
Oct. 18 1816

Dear Sir,

The inclosed Application on behalf of Benjm. Walker is not the first of the kind which has been addressed to the Secretary of State. He was one of the murderers of Mr. Horsfall, & deserved a Halter just as much as his Colleagues, who were executed at York in January 1813. But he had the good fortune to turn King’s Evidence, by which he saved his Neck. Thus the Promise held out to him by the Crown has been fulfilled. The pecuniary Reward was promised not by Government, but by an Anti-Luddite Committee, which then existed at Huddersfield: and if Walker were by the strict Letter of their Promise entitled to the Reward, it is to them, & not the Secretary of State, that he must look for payment; and certainly he has no merit, which calls for the Interference of Government on his behalf. But if I recollect rightly, Walker is not entitled to the Reward, because his Information was not given until after he & his fellow-murderers were apprehended upon other Evidence. I believe too I am correct in stating that Walker after the Trial was supplied with money through Mr. Lloyd of Stockport to enable him to find an Asylum in some distant part of the Kingdom, I believe in Wales.

I have [etc]
H. Hobhouse

15th October 1816: A man from London writes to the Home Secretary in support of the Luddite turned informer, Benjamin Walker

It was over 2 years since the former Luddite turned informer, Benjamin Walker, had himself written to the Prince Regent requesting payment of the reward who thought he was entitled to for turning King's Evidence against his former comrades in Huddersfield. Now, a man from London wrote in support of Walker's claim after having encountered him on the streets of London:

My Lord

I trust the subject upon which I now take the liberty of addressing your Lordship will plead my excuse for thus trespassing on your Lordship’s time

Some week since I will was accosted by miserable looking man who earnestly requested I would recommend him to an Attorney, and upon my desiring to know his motive he made the following statement to me

He say’d his name was Benjn Walker, that he served his apprenticeship to and afterwards worked at the shearing of woollen cloth near Huddersfield in yorkshire, previous and up to 1812. That he was one of the misguided men who suffered themselves about that period to be sworn in as a Luddite and mixed much in the dreadful occurrences that took place there at that time That during the disturbances a Gentlemen of the name of Horsfall was shot and great exertions were used to discover the murderers—That the Government and the magistrates and Gentlemen of Huddersfield and its neighbourhood joined in such exertions—the former by offering the Prince Regent’s pardon to any accomplice (except the actual murderer) who should be the means of convicting the others concerned &c., and the latter by forming themselves into a Society and individually subscribing certain sums (and particularly a part of the Family of Mr Horsfall the Gentleman who was shot subscribing £500) and constituted Mr Peace an Attorney of Huddersfield their Secretary and treasurer and annexed to the proclamation in the London Gazette of 1st May 1812 wherein the pardon before mentioned was inserted the following memorandum "And as a further encouragement a Reward of £2,000 will be paid to any person (except as excepted in the Gazette) who shall give such information as shall lead to the conviction of the murderers to be paid by Mr John Peace of Huddersfield" That he, Walker, together with a great many other persons were taken up on suspicion of being concerned in the many Outrages that time and were repeatedly examined by Mr. Ratcliff Mr. Lloyd and several other magistrates and Gentleman relative to such disturbances. That the reward of £2,000 as also the pardon were repeatedly mentioned and promised to him, Walker, and others if they would discover what they knew respecting the murder and other transactions it was suspected they were engaged in, but-that-no-discovery were then made and he, Walker, and many others were after such examinations liberated—That he was afterwards again taken up with a number of other persons and after repeated examinations as to his knowledge of the said murder and other crimes he was induced from the promised pardon and reward made to him, Walker, by the magistrates on such examinations to confess that he was one of the four persons present when Mr Horsfall was shot but was not the person who shot him. That immediately upon such confession and his naming his accomplices all other persons then in confinement on suspicion of the said murder was liberated and his three accomplices fully committed to York for trial and were afterwards upon his Walkers evidence corroborated by others whom he Walker produced tried convicted and executed—That from his having been the means of discovering and convicting his accomplices he has since then been unable to get any employment in his own trade or to remain with personal safety in that part of the Country—That he has made many applications to Mr Peace and those who promised him the reward to pay it him or to get him some employment but they refuse saying he was not the first informer—Altho they do not say who was nor have they yet pay’d the money, which he, Walker, understands is in the Treasurers hands as before mentioned, to any one—That he Walker can prove that he alone is entitled to their Reward and is only prevented from asserting his right to it by his present poverty.

The above therefore my Lord is the substance of Walkers statement and upon hearing which I caused an application to be made by a professional Gentleman to Mr peace of Huddersfield and the answer returned by that Gentleman was to the same effect as stated by Walker—Viz. that he Walker was not entitled not being the first informer this however my Lord from Walker’s evidence on the trial of his accomplices as also from the statement of several other persons referred to by Walker does not appear correct—and my Lord, from the enquiries I have made I am satisfied that his claim is just. Walker therefore requests that I will humbly implore of your Lordship that as he was induced through the faith of the promises of the before named Gentlemen backed by the proclamation and Reward offered in the London Gazette to give the required information whereby the discovery and conviction of his accomplices was affected, that, your Lordship will be pleased to refer him to some Gentleman who shall see that the Reward (if his due) shall be paid to him, or that some employment is provided for him to rescue him from the dreadful state of poverty and wretchedness he is now in arising from the before mentioned circumstances

I am my Lord
your Lordships most
humble Servant

T Broughton

No 3 Philip Lane
London Wall
15th Octr. 1816

my Lord
Walker also stated that Mr. Justice park—whom at the trial of his accomplices was leading Counsel for the Crown as also Mr Baron Thompson who tried them would if applied to say he Walker was entitled to the Reward

5th February 1814: The Treasury Solicitor forwards Benjamin Walker's letter to the Home Office

Private

Lincolns Inn
Feb. 5. 1814.

Dear Sir,

The inclosed is I think a very impudent Application from one of Horsfall’s murderers, who ought to be very well contented with saving his Neck. Our Answer to it is easy, as you will see by referring to the Gazette for 1812 page 805, viz. that the Crown did not promise the Reward. But I do not see, what Defence Mr. Peace of Huddersfield, by whom it was promised, would have to an Action at the suit of this worthless Scoundrel. For this reason I think the Answer to be given to this Application should not encourage a Demand on Peace.

I am Dr. Sr
Yrs. faithfully
H. Hobhouse

J Beckett Esq

29th January 1814: The informer, Benjamin Walker, writes to the Prince Regent to secure a reward

May it please your Royal Highness

To bear with one of the most Unworthy of all your Subjects who has already shared in your mercyfull Clemency for which I whish wish forever to be profoundly greatfull tho at the present I am A distrest object of Universal contempt and Disgrace – from April 28th to May 2nd 1812 the London Gazette Announced his Royal Highness the Prince Regent in behalf of His Majesty Promised to the person that would give information that would lead to the conviction of those fellons who in open day Malishously put an End to the life of Mr Wm Horsfall of Marsdin Near Huddersfield in the County of York cloth Merchant — The Kings most Gratious Pardon and A reward of Two Thousand pounds – I Benjamin Walker who to My Shame was one of the four fellons Voluntarily came forwards to divulge the awfull [evil] which did more than Convicted my fellows and Equals it was the first [illegible] leading to disclose the terable conspiricy which directed its forse against you and the tolerant Government under which we live but as yet I have not Got any reward I have apply’d to Mr Peace the Treasurer of the committee of Huddersfield and he has allways Evaded the demand I am at a loss now where to apply Except where the promise was made and the want of an Education and Qualified maners allmost confounds me and I umbly request your attention to my Case and sincearly pray you will overlook the Audatious offencis which may be seen in these times I have represented my Case in the Best way I can and would Umbly subscribe myself

Your most obedient
Servant
Benjn Walker

Newsom Near Huddersfield
Jany 29—1814 —

28th April 1813: Tenter belonging to an employer of Benjamin Walker destroyed at Milnsbridge

Around this date, a Tenter belonging to an employer of the former Luddite turned informer, Benjamin Walker, was destroyed at Milnsbridge.

5th March 1813: Thomas Shillitoe meets the Luddite turned informer, Benjamin Walker

On Friday 5th March 1813, the Quaker missionary, Thomas Shillitoe, met with the former Luddite turned informer, Benjamin Walker. His journal recorded what happened:

Fifth-day, agreeable to our request, Benjamin [Walker] met us. On his entering the room, he appeared to us raw and ignorant; with such apparent self-condemnation in his countenance, we thought we had not before witnessed; as if he felt himself an outcast, and thought a mark of infamy was set upon him; newly-clad, as we supposed, from the money he had recently received, as the reward of his having discovered his accomplices in the murder, for which they had suffered. We could not but anticipate the deplorable situation he would find himself in, when the means of keeping up his spirits were all exhausted. On taking his seat, his mind appeared much agitated, and, during the opportunity, he was unable to sit with ease to himself on his seat. After a time spent with him in quiet, a door of utterance opened, whereby we were enabled faithfully to relieve our minds towards him, although he did not manifest any thing like a disposition to resent what we offered to him; but little, if any, appearance of tenderness was manifested. The opportunity to us was the most distressing we had experienced; feeling, as we were enabled to do, deeply on his account, lest his mind was getting into quite a hardened state, and that his case would become a hopeless one; yet not without some reason for believing, that in the opportunity we had with him, things had been so closely brought home to him, that he would not soon be able wholly to cast them away again. When he went away, those who were in the room through which he passed, observed to us, his countenance was pale and ghastly, and his joints, as it were, so unloosened, as if they were scarcely able to support his body. We advised him not to go into company, but to return directly home, which, we afterwards heard, he attended to. The feelings of suffering we were introduced into on his account, will not, I believe, soon be forgotten.

4th March 1813: Thomas Shillitoe meets Joshua Schofield again, & tries to visit Benjamin Walker

On Thursday 4th March 1813, the Quaker missionary, Thomas Shillitoe, had discontinued his visits for one day, but met with a former Luddite, and attempted to meet another:

Fifth-day, the week-day meeting being discontinued, and feeling drawings in our minds to sit with the few Friends of Halifax, a meeting was concluded to be held this morning, at which, in addition to Friends, we had the company of several not professing with our religious Society; amongst whom was Joshua Schofield, the young man before-mentioned, whose mind was again so reached during what was communicated, that he trembled so much that he could not hide his state from the meeting, although it was evident he endeavoured for it. He afterwards settled in the neighbourhood of a meeting of Friends, became a steady young man, manifesting attachment to our principles, and regularly attended our meetings. In the afternoon we went to Longwood, with a view of visiting Benjamin Walker . He was a single young man, living with his parents; an accomplice with the other two in the murder of the master-manufacturer; and received the reward offered for apprehending the offenders, having his life saved by turning king's evidence. He being from home, we requested he would give us his company next morning, at Joseph Mallinson's, Longroyd-bridge.

20th February 1813: William Hay lauds informers and spies to General Acland

Ackworth 20th Feby 1813.

My dear Sir,

Sir Francis Wood (who is confined to his bed with the gout) yesterday evening sent me over your letter of the 25th instant, wishing that I would consider it. We feel much obliged by Genl Maitland's & your kind offer of continuing a detachment at Pontefract. I understand that there is at present a considerable Store of Ammunition there which it would not be adviseable to leave without guard. Some correspondence is carrying between Sir F. Wood & Lord Fitzwilliam on the subject of applying for a more regular Depôt than we now have: I therefore think, that for the present, it would be adviseable for the Riding to avail itself of the offer you have been so good as to make, assuring you that as soon as any thing is determined in respect of the new Depôt, or any change takes place respecting the deposit of Arms, you shall be informed.

The time of my journey from Manchr was so limited, that I was not able to call at Milnsbridge, as I had fully intended. What I heard at Huddersfield was certainly very encouraging and I should hope may be lasting. I understand that some attempt has been made in respect of Walker the Evidence. Surely he can never be so fool hardy as to continue in his Old neighbourhood! If he is impressed that he is safe, I should think most others will be so. We have a last closed with Fleming, the witness against the 38: he has been paid for his trouble &c and with liberty to settle with his family, wherever he pleases. His wishes were ridiculous – wanted an ensigns commission &c &c – but this being out of the question, a sum was paid him; & the public has done its duty fully. I suspect that he will remain in Manchester—It is quite delightful to those who witnessed the triumphant ground on which McDonald stood at York, to read the report of the case as it is now printed. He certainly rose powerfully in proportion as he found how weak Mr. Brougham was on his Cross Examination – I know that it will give you pleasure to hear that (unless some new cause has arisen) John is free of incarceration. I applied for a pardon as soon as I got to Manchester, and saw our friend in all apparent freedom – seemingly returned to his old Habits. He had no expectation of this – and when Dunstan told him that he had orders to Liberate him [Shan] was quite overcome, & would not believe it. I have only to add my best wishes. I expect to be at Wakefield soon, when I hope to be so fortunate as to meet with you. I am, Dr. Sir,

Your faithful & obedt humble servant
WR Hay

[To] Majr Genl Acland

6th January 1813: The trial of Mellor, Thorpe & Smith - Part 3: witnesses for the defence

The last part of the trial of George Mellor, William Thorpe & Thomas Smith consisted of numerous witnesses for the defence who spoke to state that they had spent time with either Mellor, Thorpe or Smith at or around the time Horsfall was shot. It’s not clear whose idea this was, or even if the defendants wanted it: there is evidence that George Mellor had been clear on a number of occasions that he wanted witnesses who had appeared for the prosecution – principally the household of Joseph Mellor – to tell the truth about what had happened that night. The witnesses that were to speak for him at the trial put him nowhere near his cousin’s house: had he changed his mind, or did his defence team insist this was now his best chance?

William Hansard, spoke for George Mellor, stating that he met him at 6.45 p.m. on the evening in question about a quarter of a mile from Huddersfield going towards Longroyd Bridge,

Jonathan Womersley, a clock-maker from Huddersfield, said he saw Mellor between 6.00 and 6.15 p.m. at the corner of Cloth Hall Street in Huddersfield, and that they went to the White Hart public house & drank 2 pints of beer and settled an account of Mellor’s. Womersley said he left 20 minutes later, leaving Mellor there with a William Battersby. He went to another pub, the Brown Cow, and heard there what had happened to Horsfall.

A cobbler, William Battersby, had been drinking in the White Hart with Mellor and Womerlsey that evening, and he estimated they stayed there for 30 minutes, when they heard about Horsfall and afterwards parted.

John Thorpe of Castle Street, Huddersfield, said he had known George Mellor 16 or 17 years, and stated that he had met him opposite the George Inn in Huddersfield at about 5.50 p.m. He was precise about the time because he said he had a watch he wanted to sell Mellor and showed in to him at that time.

Jonathan Battersby, another cobbler from Huddersfield, said he had met and talked to George Mellor  in the market place at Huddersfield before 6.00 p.m.

George Armitage, a blacksmith at Lockwood, said George Mellor had walked past his workshop from the direction of Joseph Mellor’s house towards Huddersfield between 5.00 and 6.00 p.m. that evening, when they had briefly spoken to each other. When cross-examined by Park for the prosecution, Armitage said that Mellor had said he had been to his brother’s house with a man that wanted work.

George Armitage’s brother, Joseph Armitage, also said he had seen George Mellor at the workshop between 5.00 and 6.00 p.m.

Charles Ratcliffe, a cropper from Huddersfield, worked in the workshop of Mr Fisher at Longroyd Bridge, the same place that William Thorpe worked at the time. He had been there at 5.30 p.m. on the day in question, and had seen Thorpe there and talked to him for 15 minutes before leaving for Huddersfield, where he heard of Horsfall being shot at 6.50 p.m.

Frances Midwood lived with her father at Longroyd Bridge and had gone to fetch water from Mr Fisher’s workshop. She made several trips, and estimated she saw William Thorpe there at 5.10 p.m., and then later, talking to Charles Ratcliffe. She stopped going back when she heard Horsfall had been shot, but stated that on each occasion she had been, Thorpe had been there, and she had also seen the next witness, Abraham Pilling.

Abraham Pilling, a cobbler from Huddersfield, had set out for Longroyd Bridge at 5.45 p.m. to take some shoes he had made for Frances Midwood to her. He lived around a mile from Longroyd Bridge, and arriving there after 6.00 p.m. he saw Midwood crossing the road with a can and going into Mr Fisher’s workshop for water. Pilling said he stayed and talked with Thorpe for some time whilst Midwood fetched him the money for the shoes. When he left the workshop to go elsewhere, some of the neighbours told him that Horsfall had been shot.

John Bower was a 17 year-old apprentice at John Wood’s cropping shop. He stated that on the evening in question, he had been working there with George Mellor, Thomas Smith, Benjamin Walker, James Varley and John Walker before 7.00 p.m. that evening. He said that Smith had left at 6.00 p.m. to go drinking before returning, and that Mellor had been absent from 3.00 p.m. until they worked together before 7.00 p.m.

Mary Thorpe, a servant of John Wood, stated she saw Thomas Smith and the last witness Bower come into the kitchen at 6.00 p.m., the clock striking the time.

William Hirst, was a lodger at John Wood’s house. He said he met Benjamin Walker at the workshop at 7.00 p.m. Having already heard about Horsfall being shot in Huddersfield earlier, when he gave Walker the news, he said Walker had said “That is too good news to be true”. The prosecution objected to the latter revelation, and the Judges agreed.

The final witness, Joseph Rushworth from Cowcliffe, said that he had been to Joseph Radcliffe’s on 12th October when he saw William Hall, who had been there to talk to the magistrate. He said he had had no further conversation with the informer after that time.

The evidence concluded, the case was summed up, with the Judge underlining the clear differences between the evidence of witnesses for the prosecution and defence.

The Jury retired at 7.30 p.m. to consider their verdict.

6th January 1813: The trial of Mellor, Thorpe & Smith - Part 2: witnesses for the prosecution

After Sir Simon Le Blanc had summed up the prosecution's case, witnesses for the prosecution were then called, beginning with Joseph Armitage, the landlord of the Warren House Inn, a pub on Crosland Moor, and Horsfall’s last stop on the way home before he was shot. Armitage was examined by Mr Topping for the prosecution & was asked about the timings surrounding the matter: he stated that Horsfall had arrived at the pub at 5.45 p.m. and drank a glass of rum and water whilst still on horseback, also buying drinks for two ex-workmen. Horsfall left 20 minutes later, at 6.05 p.m., without having dismounted. At 6.30 p.m., some children brought the news that Horsfall had been shot in a plantation a quarter of a mile up the road from the pub. Armitage set off with the two workmen and found Horsfall sat by the roadside 30 yards below the plantation, bleeding heavily. They brought him back to the pub, where he died over a day later.

In cross-examination, Mr Hullock for the defence was very particular and repetitive in getting Armitage to be clear about the timings for all that happened. Armitage stated that he frequently looked at the clock throughout the day, as his customers needed to know when their horses would be ready after stopping at his pub. He fixed the time of Horsfall’s assassination as between 6.10 – 6.15 p.m.

The next witness was Henry Parr, who was examined by Mr. Holroyd for the prosecution. Parr was taking a similar journey to Horsfall and at the same time, trailing slightly behind him. He had passed the Warren House when he heard a crack from a gun coming from the plantation ahead on the left-hand side of the road, saw gun smoke and then four people in the plantation about 150 yards away. He saw Horsfall take the shot and cry out ‘murder’. One of the assassins stood up onto a wall at the edge of the plantation and Parr rode towards Horsfall, upon which he saw all four men flee. He stated that all four were dressed in dark clothing. Riding up to Horsfall, he helped to keep him in the saddle, but blood was spurting from his side, and Horsfall eventually fell from his horse. Parr left Horsfall with two boys who were at the roadside, before riding away to alert William's brother, John Horsfall, as William had requested.

Under cross-examination by Mr Williams for the defence, Parr was clear that he did not know the three accused.

When he was re-examined by the prosecution, Parr was clear that he had heard only one shot, and also went on to say that three of the men stood behind the man with the gun who made the shot.

Another witness, a clothier called Joseph Bannister, was called: he had met Parr on the road at 6.30 p.m., who explained what had happened. Bannister went forward to help, finding Horsfall at the roadside, and later stayed some time with him at the Warren House.

The next witness was Rowland Houghton, a Huddersfield surgeon who had been called to attend to Horsfall at 7.00 p.m., but did not arrive until between 8.00 and 9.00 p.m. at the Warren House. Houghton found that Horsfall had 2 wounds on the upper left thigh, 3 inches apart; another wound on the lower left side of the belly, another on the lower part of the scrotum and two more wounds on the right thigh. One of the bullets had already been extracted (by army surgeon Mason Stanhope Kenny, who was not called as a witness) before he arrived, and he removed a bullet from the inside of Horsfall’s right thigh, near to the hip joint. Houghton regarded a wound that had penetrated Horsfall on the left side had been the fatal one.

Two bullets that had been extracted were produced by the Reverend Abraham Horsfall & John Horsfall, William’s relatives, to the Court – one like a musket ball, the other had been cut and flattened.

Next, the Crown called their star witness – the accomplice Benjamin Walker. Walker was a cropper, who worked with Thomas Smith and George Mellor at John Wood’s cropping shop, with William Thorpe working for a man called Fisher close by. Walker said that after the unsuccessful attack at Rawfolds, George Mellor had said that the only way for the Luddites to succeed now would be to shoot the masters.

Walker stated that on the day of Horsfall’s assassination, he had been working at John Wood’s shop with his father John and his brother William in one part of the workshop, with Mellor and Smith in another. That between 4.00 and 5.00 p.m., Mellor approached him and asked him to go with him to shoot Horsfall, and he refused. He said he left the workshop to go for a drink for about 30 minutes, returning at 5.00 p.m. to find Mellor, James Varley, John Walker and William Hall together. He said that Mellor approached him, gave him a loaded pistol and told him he must go with him, Smith & Thorpe to shoot Horsfall. Mellor further directed him to make his way to Joseph Radcliffe’s plantation on Crosland Moor with Smith, using a direct route.

Walker said that he and Smith arrived at the plantation ten minutes before Mellor & Thorpe. He also
noticed that Mellor & Thorpe were now wearing a green and a dark-coloured top-coat respectively. He went on to say that he never went as close as 20 yards from the wall which bordered the plantation and faced the road Horsfall was travelling on – that Mellor and Thorpe were close to the wall and out of his sight from where he stood. For the prosecution, James Alan Park was careful to contend to the Jury that although Walker could not see Mellor and Thorpe, that this did not mean others, such as the witness Parr, could not see them all from his position. Walker said that Mellor told him and Smith to fire on Horsfall if he and Thorpe missed. When Horsfall was shot, they all fled, with Thorpe handing Walker his pistol and Mellor cursing the two other men for not firing. He contended that Thorpe’s pistol had been discharged and was still warm, but that he threw it down when they reached Dungeon Wood, with Mellor retrieving it. Walker said that Mellor had hurt his finger firing his overloaded pistol, and Thorpe had hurt his cheek, possibly on some branches. Walker and Smith hid their pistols in an ant-hill in the wood, and then parted company with the other two: Mellor ordered them to go towards Honley along a different route than he and Thorpe would take, and gave them 2 shillings to buy some beer.

Walker said that he and Smith went to Honley to drink in a public house, the Coach & Horses Inn. Whilst they were they, some travellers came from Huddersfield market to announce that Horsfall had been shot. Thomas Smith then started to whistle a tune, and a drunken collier in the pub got up to  dance to the tune. Walker said that he and Smith stayed at the pub until between 8.00 or 9.00 p.m. and managed to drink between 7 or 8 pints each whilst they were there. They arrived home at 10.00 p.m. that night.

The following morning, Mellor sent Joseph Sowden to bring Walker into the workshop, to join him as well as Thorpe and Smith. Mellor administered an oath to Walker, asking him to kiss a Bible at the end of it. He noticed that Mellor’s finger was bound.

Walker was then cross-examined by Mr Hullock for the defence. He was asked where he had been for the past couple of months, and revealed he had been in Manchester on Saturday 2nd January and before that in ‘safe custody’ at Chester Castle for 10 weeks. He went on to confirm some of the evidence he had just given. He also said that he had confessed to his mother and father what had happened at the plantation upon arriving home the same night, and that his mother went to Joseph Radcliffe’s 11 or 12 weeks ago to inform him: that Mellor and Thorpe had already been taken up by this time, saying that he and Mellor were taken up at the same time. He confirmed that he could not read, but had heard from Joseph Sowden that a reward of £2000 had been offered for information about the killing before he was taken up.

Walker was asked by the defence if he had sent a message to a woman named Hartley, and revealed that, whilst in custody, he sent a woman called Mary Dransfield to go to Mrs Hartley and ask her to go to a magistrate to prove he was elsewhere at the time Horsfall was shot. Walker said that Mrs Hartley had come to John Wood’s cropping shop on the evening of Horsfall’s shooting to inform them what had happened, but he now said he was not there at that time, and that Mellor had told him Hartley had come to the shop. Walker also revealed that when he first faced Joseph Radcliffe, William Hall had been a witness for his being present at John Wood’s cropping shop when Horsfall was shot.

William Hall himself was the next witness for the prosecution. He stated that on the afternoon of Horsfall’s shooting, between 4.00 and 5.00 p.m., George Mellor had approached him to borrow a pistol: this was the Russian horse pistol that Mellor had previously owned that had come into Hall’s possession. Hall took Mellor to his house, where Mellor loaded the pistol in front of him: he used two loads of powder then loaded the barrel with one bullet, then slugs that had been made from other bullets, and then another bullet. Hall was concerned about the recoil from the pistol, and Mellor confirmed he intended to shoot Horsfall with it. Hall stated that Mellor asked him to accompany him, but he refused. Hall described Mellor as wearing a bottle-green top-coat.

Hall confirmed that Mrs Hartley had brought the news about Horsfall to the workshop at 7.00 p.m. that night. Hall also said that Mellor had told him that night at bedtime that he and Thorpe had left their pistols at his cousin Joseph Mellor’s house with two apprentices, with instructions for them to give them to Joseph when he returned home. Later, Mellor also told Hall that he had hurt his finger and didn’t know if it would heal properly or not.

Hall stated that Thomas Smith had also arrived home that night and had told him he had been to Honley with Benjamin Walker after hiding their pistols in Dungeon Wood.

Hall went on to state what had occurred the following day at his workplace, John Wood’s cropping shop. That Mellor made him and others at the shop take an oath of secrecy, for all that he and others had been witness to or been told.

Hall said that On the Sunday after Horsfall had been shot, Thomas Smith asked him to go with him to find the two pistols left in Dungeon Wood, but they could not find them among the ant-hills. Two or three weeks later, Smith showed him a pistol telling him that somebody else had been out with him and they had found his pistol.

Hall said that it was not until 3 weeks after Horsfall had been shot that George Mellor had returned the Russian horse pistol to him, and that some time after that, he asked him for it back again, this time to lend out to some people at Leeds who needed arms.

Hall also contended that 2 or 3 days before he was arrested, Mellor had asked Hall if he would wear William Thorpe’s coat if he was questioned before Joseph Radcliffe, and also to state he had gone with Mellor to his cousin Joseph’s house on the night Horsfall was shot. Hall had refused.

The next prosecution witness was Joseph Sowden, another cropper who worked at John Wood’s shop. He said that Mellor and Thorpe had come into the shop at 4.30 p.m. on the day Horsfall was shot – both of them carrying pistols, and that Mellor had ordered Benjamin Walker to go home and fetch top-coats and a pistol, and that Walker left and he didn’t see him again that day. Sowden said that the next day, all four assassins had told him what had happened and then Thorpe wanted him to swear an oath – when he refused, he said Thorpe threatened him, after which he took the oath and administered it to the others in the workshop under Thorpe’s presence.

Under cross-examination by Henry Brougham for the defence - seemingly Brougham's only intervention during the whole trial - Sowden largely reconfirmed much of the evidence he had already given. But he denied Brougham’s accusations of being a secretary to any Luddite association or being a delegate to other workers’ organisations.

Benjamin Walker’s father, John Walker, was the next witness for the prosecution, but only seems to have confirmed he worked at John Wood’s cropping shop.

Martha Mellor, the wife of Joseph Mellor, George Mellor’s cousin, was called next. She stated, as she had in her original evidence to Joseph Radcliffe, that she first saw George Mellor at her home at Dungeon  Bottom at 6.15 p.m. the evening that Horsfall was shot. She said he brought with him another person she did not know and has not seen since – the trial account does not record whether she was asked to identify in Court if either Smith or Thorpe were the man, but the inference is that she did not regard either of them as the ‘stranger’. Mellor asked after Joseph, who was absent at that time, and also if Joseph needed a man to work there. Martha said they did not at that time. Mellor asked her for a handkerchief, and she gave him a black silk hanky. Mellor also asked if the man could wash himself and she agreed to this. Martha described both Mellor and the other man as wearing dark coloured top-coats, and said that they stayed for 15 minutes.

On being cross-examined by Mr Hullock for the defence, Martha was clear that her husband Joseph arrived home 30 minutes after they had left, at 7.00 p.m. She also stated that one of the apprentices and a witness that evening, Joseph Oldham, had ‘run away', a week after George Mellor was committed to York, and had not returned.

The defence appeared to have missed an opportunity to ask Martha if George Mellor had an injured finger, and if the other man had a bloody face, as some of the prosecution witnesses had contended. They also failed to underline the crucial nature of the timings in Martha’s evidence: the arrival of the two men in the house at 6.15 p.m. was at the time the prosecution stated that Horsfall was shot. Any earlier, and this would have affected the evidence of those present at John Wood’s shop; any later would affect the evidence of other prosecution witnesses that corroborated Martha’s timings.

One of Joseph Mellor’s apprentices, 17 year-old Thomas Durrance, was next. In line with the evidence he gave to Joseph Radcliffe, he stated that George Mellor and the other man, who he only ‘thought’ was like William Thorpe, came into the workshop that evening both wearing dark-coloured top coats – underneath which, George Mellor had a green coat. Mellor asked Durrance to go upstairs with him and then produced two pistols which they hid beneath some flocks of waste cotton, with Mellor swearing him to secrecy about them. However, when Durrance’s master Joseph Mellor arrived home later, he showed him the concealed pistols straight away.  He also admitted showing the other apprentices the pistols, including Francis Vickerman, another witness who was not called.

Durrance went on to state that after he had been examined by the magistrate Joseph Radcliffe last October, George Mellor gave him 5 shillings, asked him to give his fellow apprentice John Kinder half of it, and urged him to tell the truth of what had happened that evening except for the pistols, which he wanted Durrance to keep secret.

Durrance was unwilling to positively identify William Thorpe as ‘the man’ accompanying George Mellor that evening.

Questioned by one of the Judges, Durrance estimated that Joseph Mellor arrived home between an hour and 90 minutes after George Mellor and the stranger had been there, and also that he hid the pistols in an outbuilding with Joseph Mellor 2 hours after they had been hidden upstairs.

The other apprentice to Joseph Mellor that had been present that evening, 18 year-old John Kinder, also gave evidence. He saw Mellor come down the stairs with Durrance and explained to Durrance who he was. Durrance showed him the pistols after Mellor and the stranger had left, and Durrance stated that they were not loaded. Kinder also confirmed that Durrance had given him half a crown and explained what George Mellor had said about telling the truth and keeping the pistols secret.

Next to give evidence was George Mellor’s cousin, Joseph Mellor. He confirmed he had arrived home about 7.00 p.m., and that Durrance had told him about the pistols. In October, he had told the magistrate he had learned the news about Horsfall from a neighbour, William Spencer, later in the evening, and had brought the news home to his household afterwards, but Joseph doesn’t seem to have mentioned or been asked about this.

Joseph stated that when Durrance showed him the hidden pistols, he moved them to another outbuilding. In his workshop, he found a dark-coloured top-coat which had 2 bullets in the pockets, and that he also found a dark bottle-green coat behind the door, neither of which belonged to him.

Joseph went on to relate how the cropper James Varley arrived the next morning, and that he told him about the hidden pistols, and that a week later, they had gone. In the statement he gave to Radcliffe, Joseph made it clear that he strongly intimated to Varley that the pistols should be taken away after telling him where they were hidden.

A Mr Staveley, the governor of York Gaol, gave evidence that the coat George Mellor was wearing when he was brought to the York Castle after being arrested. The coat was bottle-green, and Joseph Mellor was asked to identify it – he said it was similar to the one he found in his workshop, but would not swear that it was the same one.

The prosecution then called Abraham Willey, who worked for Joseph Radcliffe. When Horsfall was shot, he was working 200 yards away in a stable behind the plantation. He heard a gunshot and went to see what was happening and observed four men running down the fields behind the plantation towards Dungeon Wood at a distance of at least 50 yards. He stated that they were wearing dark-coloured coats. A few minutes later, the two boys that had found Horsfall lying in the road – his sons – came to tell him what had happened.

The penultimate witness for the prosecution was a man called Richard Hartley who was travelling from Crosland to Lockwood via a road at the back of the plantation. He stated that he also heard the shot and then saw four men run down from the plantation and down into Dungeon Wood. He contended that he noticed the brass-ended pistol one of the men was carrying in his belt when the man vaulted a wall.

The last witness for the prosecution was Mary Robinson, the landlady of the Coach & Horses Inn at Honley that Benjamin Walker said he and Smith had gone to later in the evening. She put the time of their arrival at the pub as between 7.00 and 8.00 p.m., and they left shortly before 9.00 p.m. She remembers the man whistling and the collier dancing to the tune. Finally, she stated that her husband had asked the two men where they had come from, and they told him Longroyd Bridge,

At the conclusion of the evidence of the prosecution the Judge, Sir Simon Le Blanc, asked Mellor, Thorpe and Smith if they wished to say anything for themselves: their reply was “We leave it to our Counsel”.

6th January 1813: The trial of George Mellor, William Thorpe & Thomas Smith - Part 1: the prosecution's case

On Wednesday 6th January, the trial of George Mellor (aged 22), William Thorpe (23) & Thomas Smith (22) for the murder of William Horsfall took place. The Crown had wanted to try this case first, but was prevented from doing so by an application from the defence’s legal team that they were not prepared.

The trial commenced at 9.00 a.m. in an overcrowded court room, so much so that court officers and counsel struggled to find a seat.

The Jury for this trial was as follows:

Humphrey Fletcher, Foreman
William Buttle
William Atkinson
John Johnson, senior
Jonathan Barker
William Denison, junior
Robert Kettlewell
Jeremiah Kirk
William Rimmington
William Scholefield
John Walker
Nicholas Walton

In the indictment, only Mellor was charged with shooting Horsfall – Thorpe & Smith with being present and aiding & abetting, but all 3 were charged with murder. They all pleaded Not Guilty, the Leeds Mercury describing their appearance as “very respectable”.

For the Crown, James Alan Park reminded the Jury that they were sworn to “inquire into the matter of blood”. He went on to paint a very picture of the whole of the Luddite disturbances, as if they had culminated in the assassination of Horsfall, a mystification that has been repeated down the years to today. Horsfall was portrayed by him as a family man, giving employment to hundreds of workers, and loved by them almost as a benevolent father figure. Park also placed the anti-Luddite argument central and prominent in his address to the Jury:

“(Horsfall) employed the machinery which was the object of the abuse of these misguided people. I have not the means of making such observations as I have frequently and lately heard made, upon the delusion which has prevailed upon that subject, amongst the lower orders. It has been supposed that the increase of the machinery, by which manufacturers are rendered more easy, abridges the quantity of labour wanted in the country. It is a fallacious argument: it is an argument, that no ma who understands the subject at all, will seriously maintain. I mention this, not so much for the sake of you, or these unfortunate prisoners, as for the sake of the vast numbers of persons who are assembled in this place.”

The Leeds Mercury also captured Park’s words about Horsfall’s character:

“(Horsfall) had expressed himself with a manly warmth against the delusions under which the manufacturing classes laboured, some may think his warmth imprudent, but I am not of that opinion”

Park then went on to relate what had happened on the 28th April 1812. Reflecting on the indictment, Park noted that it accused Mellor of firing one shot – Park admitted that two shots were fired, but said this was ‘immaterial’ – he contended that all three were charged with murder and it did not matter who fired the shots. He went on to say that four men were involved, and that the fourth accomplice – Benjamin Walker - would give evidence for the Crown.

Park related that a vague plan had been hatched in John Wood’s cropping shop, where Mellor, Walker & Smith worked, Wood being Mellor’s step-father. Park contended that George Mellor was the ringleader, and an advocate of assassination, but that Walker was not informed of the plan to shoot Horsfall until 4.00 p.m. on the very day it had been decided to proceed with the plan. The four men were to meet in a plantation belonging to Sir Joseph Radcliffe at 5.30 p.m., as it adjoined the road Horsfall would be taking on his journey home to Marsden from Huddersfield market.

Park then explained he would call another witness for the Crown – William Hall – a fellow cropper who knew of the plans for Horsfall. Park contended that Hall had bought Mellor’s Russian horse pistol, and Mellor had borrowed it from him that day, explaining what he intended to do.

Park also tried to whiten the character if his principle witness by contending that Mellor had threatened to shoot him if he did not take part in the plan. He went on to describe in detail what had taken place, as the witnesses would relate further into the trial.

Park ended his statement of the Crown’s case with a bleak biblical quotation:

“the land can only be cleansed from the pollution it has received from blood, by the blood of him that sheddeth it”.

29th October 1812: The Huddersfield Solicitor, John Allison, explains how the authorities got Benjamin Walker to confess

Sir,

In compliance with your Letter of this morning I have the Honor to inclose you a Copy of Walkers Examination.

There were certainly Inducement held out to Walker both by myself and Mr. Radcliffe through the medium of Walker's own relations to make the Confession and he assuredly made it upon the Faith of those Inducements, he did this too at a time when we had no evidence against either himself or Thorpe or Smith and when he had been several days in confinement for examination. It was thought at that time both by Mr. Radcliffe and myself and Mr. Lloyd who was there with me as well as by General Acland that it was the most adviseable method. Mr. Lloyd has since taken and placed Walker in a place of perfect Safety and no doubt he will have reported to you thereon. The person to whom Mr. Lloyd alludes as having been properly examined is Joseph Sowden a Copy of whose Examination I have already transmitted to Lord Sidmouth. I shall I have no Doubt confirm Walker in a very many leading circumstances and am doing my endeavours so to do and have no Doubt of succeeding. William Hall will confirm Sowden’s Testimony as to the Oath and Sowden’s Confession was quite voluntary on his part and without the least Inducement or Threat indeed the Circumstance which Sowden revealed was never dreamt of till he disclosed it.

I have the honour also to transmit Copy of the Examination of Robert Robinson a Publican at whose House Smith called soon after the murder and which is confirmatory of Walker in that Circumstance.

I shall be glad to know whether it is likely an Assize will be held prior to the 6th of January and to be favoured with an answer to my former letters relative to Mr. Radcliffes converting part of his Outhousing into a temporary prison. We have now eleven under Examination.

I have &c
(signed) John Allison:
Huddersfield 29th Oct. 1812—

27th October 1812: The Home Office Under Secretary, John Beckett, seeks assurances that Walker & Sowden's evidence was given voluntarily

Whitehall 27th Octr 1812—

Sir

I am directed by Lord Sidmouth to acknowledge the Receipt of your Letter of the 24th Instant with its several Inclosures.

There seems to be a fair prospect from what is stated in the Examinations transmitted by you of obtaining a Conviction against some of the persons who murdered Mr. Horsfall. It would be desireable however that Lord Sidmouth should have before him in considering the Case against these parties all the Documents connected with it and I have therefore to request that you would send up a Copy of Walker’s Confession which you state to have been taken at a time when you had no Evidence against him and you will be so good as to inform me whether his Confession when taken was purely voluntary or made under any Inducement held out by yourself or any other person on your behalf. This Information is necessary in order to decide whether Walker must of necessity be admitted as Evidence for the Crown. For the present you will be so good as represent Mr. Radcliffe the expediency of Walker being kept in safe Custody and apart from persons who are likely to tamper with him.

I have a letter from Mr. Lloyd by the same Post which conveyed yours stating that a Man whose name Mr. L. does not mention has been privately examined before Mr. Radcliffe and that his Testimony goes to confirm the Statements contained in the Depositions you have sent up throughout. A copy of this Examination Lord Sidmouth is also desirous of receiving and it should also be known how far the same was voluntary if it is in the nature of a Confession tending to implicate the Party making it in the murder.

You will see the propriety of forbearing to hold out to Walker any expectations of money if the same has not been done already till the whole of the Case against the persons committed has undergone a full Consideration.

I am &c
(signed) J. Beckett

[To] Allison Esqr
Huddersfield

24th October 1812: The Huddersfield solicitor, John Allison, sends information about various cases to the Home Secretary

My Lord,

By the direction of Mr Radcliffe I have the Honor and pleasure to inclose to your Lordship Copies of various Examinations taken before him relative to the Murder of Mr. Horsfall and the very daring attack made upon Mr. Cartwrights Mill as well as on the premises of some others where shearing Frames were used. The persons named in the margin have already been committed and the commitment of others will of course follow. The case of the Murder will be most completely made out; and I lament that Sowden’s Examination which I have the Honor to inclose was not given sooner, as if that had been the case I think we should have brought the matter home to all the four who were concerned in the Murder. Walker had given his Confession of it at a time when we had no Evidence against him – As such I presume we must take care of him; and I look upon him as of sufficient consequence to be put under the care of some one who is in obedience to your Lordship in your Official Situation and your Lordship will please to notify what you wish to be done with regard to him. In the Interim I will see that he is properly secured.

I remain [etc]
Jno Allison

Huddersfield 24th. Oct. 1812.

[To] Lord Sidmouth &c &c

[Written in margin:

George Mellor }
Wm Thorpe }
Thos Smith } Murder

James Haigh }
Jonathan Dean }
George Rigg }
Mark Hill }
Joseph Thornton } Felony

24th October 1812: General Acland informs General Maitland there is more evidence against Mellor, Thorpe & Smith

Huddersfield 24th October 1812.

My dear Sir,

More strong Evidence has come out against Mellor, Thorpe & Smith, & I may venture to say without appearing too sanguine, that this case is now complete.

Lloyd had made out a commitment to the House of correction at Wakefield for Walker (the Kings Evidence for this case) & asked if I approved it, to which I replied it was impossible for me to give an opinion about it—& I declin’d doing so—on this he spoke to Mr. Ratcliffe, & said he should wave it, & now write to the Secretary of State for instructions as to disposing of Walker.

I hope you will think that I have [done] right.

I knowing your opinion respecting Barrowclough's commitment I concluded of course you would not approve Walkers, & in fact from Lloyds giving up the point, it shews he only wanted my sanction to hear him out—

Three men are this day committed to York — William Thornton, Mark Hills, and Rigge for being present at Cartwright’s Mill & the breaking of Vickerman's shearing frames.

Wroth: P: Acland

[To] Lt General
The Rt Honble
T. Maitland

24th October 1812: The Stockport solicitor, John Lloyd, informs the Home Office that the Horsfall case is going well

The former cropping workshop of John Wood, at Longroyd Bridge, where John Lloyd interviewed staff on the evening of 23rd October 1812 (date of photo unknown, but taken prior to demolition in 1891)

Milnsbridge near Huddersfield
24 Oct 1812

Sir

When I wrote from home I did myself the honor to acquaint you that things were going on very well with respect to the discovery of the murderers of Mr. Horsfall and apprized you of my having apprehended Walker was likely to impeach; and most happily that has taken place. Mr. Allison will send you such copies of Examinations as cou’d be got ready. We last night went amongst the workmen in the Shops where the murderers worked, and I straight examined every man to prevent their proving alibi which I had reason to apprehend they wou’d attempt – but now that is entirely out of the question — for their Examinations are now before me or rather minutes of what they stated and from which they cant here after alter. One man called Allison aside & his Examination has been taken before Mr. Radcliffe privately this day before Mr. Ra very important indeed! for he confirms the whole — and we can have no doubt of being able to convict all three, for as to one he must be admitted Evidence for the Crown

Numbers of ring-Leaders of the Luds are now discovered and some already sent off—Mr. Radcliffe has been very attentive & much of his time taken up, which he chearfully submits to

I have [etc]

J Lloyd

[To] The Under Sec.y of State
&c &c

24th October 1812: The authorities leak information to the press about the Horsfall arrests

On Thursday 24th October 1812, a letter was sent to the Courier newspaper about the arrests made for the shooting of William Horsfall, and which was subsequently published on 29th October. It took a further 9 days for it to appear in any local press, eventually surfacing on 7th November in the Leeds Mercury.

The letter, which is featured below, was clearly written by some person or persons very familiar with the cases of George Mellor, William Thorpe, Thomas Smith and Benjamin Walker. It contains information present in the statement of Benjamin Walker, which must have been known to only a handful of people. The most likely suspect behind the letter must be the Stockport solicitor, John Lloyd. He had been known to publish items in the press in the past, which had greatly annoyed General Maitland.

There seems to have been an effort to prejudice the case by placing information in the public domain, especially as it contains errors, which I will illustrate below. The names are redacted in the original, but I have added them (in square brackets) where it is obvious from the relevant statements obtained by the authorities who they are meant to be:

To the Editor of the Courier.
Huddersfield, Oct. 24.

SIR.—A very important event happened here on Thursday last, of which as the Leeds Mercury of to day does not appear to have any information, I hasten to communicate the intelligence through the medium of your paper.

A man has been taken up and examined before that indefatigable Magistrate Joseph Radcliffe, Esq. and has at length received the offer of his Majesty's pardon, and given the most complete and satisfactory evidence of the horrible murder of Mr. W. Horsfall. In consequence of this, the whole of the wretches concerned in that dreadful transaction, have been taken committed to York Castle, to take their trial at the ensuing Commission of Assize.—He was with the party (four in number) when Mr. Horsfall was shot.

They were furnished with loaded pistols by [George Mellor] who ordered them to take their stand in the Plantation on Crosland Moor. Two others soon after joined them, and took their station about twenty yards below them. When the unfortunate Gentleman came up, two fired. They then all fled across the fields, and [George Mellor & William Thorpe] damned them all the way for not firing their pieces. Two ran forwards to Honley, four miles off, and two more stopped at a place called Dungeon Wood, and hid their pistols at [Joseph Mellor]’s house there, in some flocks—left their great coats, and ran immediately in their jackets to Huddersfield, where the news of the murder had but just arrived. The next morning they all four met at the work-shop of their employer (a cropper) and [William Thorpe] produced a Bible, and made them all swear not to betray each other.

The villains have frequently been examined before, but have always been discharged for want of sufficient evidence. One behaved with the greatest effrontery till he saw —, and then he changed colour and gasped for breath! When he came out, he said, “Damn that ______, he has done me.”

It appears [George Mellor] and [William Thorpe] have been Chiefs in all the disgraceful transactions that have occurred in this part of the country the last twelve months, especially at Rawfolds, where the former was Captain of the gun-division, and the latter of the pistol. ______ has thus made discoveries which will lead to the detection of a great number of these offenders, and, it is hoped, ultimately restore the West-Riding to its former tranquillity.

Most the information is clearly from Benjamin Walker's statement, although the information about the pistols being hid at Joseph Mellor's house is from the statements given by him and his household.

The fourth paragraph - about the confrontation between the informer [Walker] and his former comrade appears nowhere else in any evidence. Brooke & Kipling (1993, p.48) point out that it cannot be George Mellor, as he had already been committed to York Castle before Walker was arrested. There is a possibility that it is William Thorpe, but it seems unlikely because of the strong denials Thorpe had given in his statement and subsequently at his trial. It seems unlikely then, that if such a confrontation had taken place, that it would not have been brought up at trial, which it wasn't.

22nd October 1812: General Acland tells General Maitland he is 'pretty sure of hanging' Mellor, Thorpe & Smith

Huddersfield 22nd Octr 1812.

My dear Sir,

I send you a copy of Walker's Examination & also of William Hall's The first is full & conclusive against Mellor, Thorpe & Smith, & with the collected Evidence before we are pretty sure of hanging them—

Smith & Thorpe will be sent to York Castle to-morrow—

I sincerely congratulate you on the development of this business & also that we shall get into that of Cartwrights Mill, which you will see by the Evidence we are in a fair way of doing—

Colonel Clay writes that he takes it for granted the troops in Barracks at Manchester are to be consider’d on the footing as hitherto with request to Camp allowances — In reply I have told him, I was not prepared to give a decided answer, but would communicate with you—

In the mean time I have strongly recommended him not to [illegible] to be done, as I was confident it would not be allowed at the Horse Guards for the Camps having broken up there can be neither reason or necessity for doing so—

I have also desir’d to Hamilton to write to Captn Mackay on the subject.

In my anxiety to anticipate your wishes, I trust I have not err’d & that you will not disapprove what I have done.

Clay fears the late bad weather will be severely felt by the Berks & Louth on getting into quarters, but if their Commanding officers are attentive to the men I think we have nothing to apprehend

The Liverpool men return’d this day, after having been through the whole country from hence to Halifax, Rochdale, Manchester Stockport Ashton &c — every where they state people are not only shy of them as strangers, but of each other; they have gain’d no information of any consequence & every thing appears quiet as far as they can ascertain—

In consequence of this I have paid them up, with their expenses to Liverpool, & sent them back, as it is a very unnecessary expense detaining them—

I have now no one with me, for Richardson I hope will soon arrive, & then a communication will be open with the men here & at Wakefield. I have also desir’d the Guinea a week to Smith & Downes to be discontinued—notwithstanding this the charges will be heavy this Month, as there were many arrears to pay up—after this they will be scarce any thing

Wroth: P: Acland

[To] Lt General
The Rt Honble
T. Maitland

21st October 1812: The cropper, Benjamin Walker, turns informer & implicates Mellor, Thorpe & Smith in the William Horsfall shooting

By the evening of Wednesday 21st October 1812, Benjamin Walker, the cropper who had been arrested 4 days before, had reached his limit and agreed to turn King's Evidence for the State against his former comrades and fellow croppers.

Only 24 hours before, he had proved to be unyielding for the past 3 days: General Acland had reported to General Maitland in a letter of the 20th that Walker had "been examined, but nothing has come out".

Something had made him capitulate. He was being interrogated by the Stockport solicitor, John Lloyd, a loyalist zealot who was renowned for his interrogation techniques and practice of abducting witnesses. In a letter Lloyd wrote to Acland the day before,  he indicated that he had an informer (a 'respectable merchant in Huddersfield') who told him that prior to her son's arrest, Walker's mother had unwittingly approached the informer with concerns that those in custody may impeach those at large. Lloyd had persuaded this merchant to turn informer when he had Walker's mother watched and followed to his home. Lloyd had then acted to apprehend Walker, followed by William Thorpe after 'intimations' from Walker's mother he was also somehow involved. Lloyd then apprehended Walker's mother herself, and subjected her to a rigorous 'examination', but she would not tell him what she had told the informer. Lloyd got the informer to give him an undertaking that he would get Walker's mother to relent, so that he would not have to appear himself to give evidence. Finally, Lloyd then abducted Walker's mother to his home in Stockport "where she will more fully and freely give her Examination".

By the Thursday 22nd October, Walker had placed a mark next to his name (because he was illiterate) at the bottom of a lengthy confession which implicated many of his comrades. Radcliffe, Lloyd & the others intended to use him as King's Evidence, which would save him from the hangman.

The statement began with a description of how Walker became involved in the raid on Rawfolds Mill: hearing about the plan at his workplace in John Wood's cropping shop: Walker said George Mellor had teased him, asking him if he could 'keep a secret', before revealing the plans to attack Rawfolds. A good deal of what we know about the raid comes from this statement. Walker stated that Mellor and William Thorpe were the ringleaders, and company commanders on the night, and also stated that he and others from John Wood's shop felt obliged to be involved because, as well as being their employer, Wood was Mellor's step-father. Walker also implicated others he said were wounded - James Haigh and a man called Jonathan Dean - and also a man called Mark Hill who had been involved in collecting money for those wounded in the raid.

Walker then went on to state his involvement in the assassination of William Horsfall. He alleged that the shooting was solely the idea of Mellor & Thorpe, a plan they presented to him and Thomas Smith only 30 minutes prior to putting it into execution. This is perhaps the weakest past of Walker's whole testimony: all that subsequently followed is supposed to have occurred in only 30 minutes, something which stretches credibility beyond any reasonable point, but which the Crown subsequently based its case on. Walker said he and Smith 'refused for some time' the idea of the execution, hard to believe as they would have needed to have moved fast to make it to Crosland Moor and lie in wait for Horsfall, who would have been well on his way to the Warren House even by then. Walker then said that Mellor provided both he and Smith with pistols and directed them to make their way to the plantation on Crosland Moor and wait for him and Thorpe who would take a different route to arrive there. According to Walker, they did this and waited 10 minutes before the two others arrived, meaning that only 20 minutes had elapsed from Mellor broaching the idea to them reaching this point.When Mellor & Thorpe arrived, they agreed that Walker and Smith would fire only if they missed, and that they should lie in wait 20 yards behind Mellor & Thorpe. Walker then says, rather bizarrely, that they all waited a further 30 minutes before Horsfall arrived, which contradicts his statement earlier that he only knew of the plan to kill Horsfall 30 minutes before it happened.

Walker went on to say that when Horsfall drew level with the plantation, he heard two shots, and assumed both Mellor & Thorpe had fired, although he did not see what happened. In this statement, he is clear that neither he nor Smith fired a shot, something which he said annoyed Mellor as they fled. The four split in Dungeon Wood, with Walker & Smith taking a different route. He and Smith then headed on to a public house at Honley, where they drank and ate.

The following day at John Wood's workshop, Walker said that William Thorpe made he and Smith swear on a Bible to keep the matter secret. The day after that, Walker said Mellor told him to be careful and say nothing, as some people from Dungeon had already been questioned.

Walker was keen to exonerate his master, John Wood, saying that he knew nothing of his step-son's plan.

At the end of the statement, more detail was added: Walker said that after he and Smith had parted with Mellor and Thorpe in Dungeon Wood, they had hidden their loaded pistols in an anthill, but never returned to retrieve them. He also talked about the Russian pistol belonging to George Mellor, and how Thorpe had hurt his cheek running through Dungeon Wood, and Mellor one of his fingers because he had loaded his pistol full of musket balls. He also described the coats Thorpe and Mellor were wearing. All of these details had appeared as questions put to Joseph Mellor's household 10 days before, and appear to corroborate them.

Radcliffe and Lloyd now had what they wanted: an accomplice to corroborate the story that had been concocted. Despite the seemingly insurmountable issues with the timings given by Walker, his confession would prove to be the framework for the Crown's case.

20th October 1812: John Lloyd tells the Home Office that his policy of informers & abduction is having results

Stockport 20 Oct 1812

Sir

I was yesterday detained the whole of the day with Mr. Radcliffe at Milnes bridge and prevented writing to you by examinations engaging me. The hint I gave in my last was relating to a circumstance that had been commend to me by a respectable merchant in Huddersfield, just before I wrote, that he had been applied to for advise in consequence of a woman of the name of Walker wishing to know what was best to be done to save some of the murderers of Horsfall for she was apprehensive that the persons in custody under that charge might impeach those at large, & it was from that inferred, that she was interesting herself for her own Son Benjamin Walker who had been in custody under suspicion. As the woman did not act up to a promise she made I apprehended her Son in the night, since which sufficient intimation was given, as coming from her, that a Wm. Thorpe was anor. he had been also in custody — & yesterday I had him apprehended again This woman has declared to her friend with whom she advised that Mellor & Varley already at York, and said Walker and Thorpe were the four murderers but that Mellor alone fired both pistols. I apprehended the woman & strictly examined her but she denies all knowledge & denies ever having said so. I have not been put at liberty at present to produce my Informant her friend; but he has consented after certain arrangements — and he made himself certain almost that he cou’d produce the effect upon the woman's mind this very night & then he will not have to appear at all. In the mean time I have run away with one of the Witnesses to prevent her being tampered with and have placed her in my own House where she will more fully and freely give her Examination —If any thing very material occurs before I return to Huddersfield Mr. Alison will communicate it to you.

I found out the person to whom the Information had been from time to time given by watching Mrs. Walker to his House – & I have in consequence brought him forward – but cannot at present publicly.

I have [etc]
J. Lloyd

[To] J. H. Addington Esqr