4th April 1817: The reported death of Daniel Diggle's mother - an example of 19th century 'fake news'

In the days following Daniel Diggle's execution, several regional newspapers reported that his mother has died two days later, on Friday 4th April 1817 of 'excessive grief'.

I have as yet been unable to pin down the source of this story, but the precise date derives from the Gentleman's magazine, an aggregator of news stories, which can be found online here.

In fact, Diggle's mother was called Sarah Diggle (nee Rhodes) and had married William Johnson Diggle in 1793. Genealogical records show that she didn't die in 1817, but was buried at St Leodegarius at Basford on 24th June 1827, aged 65. William died in 1841.

2nd April 1817: The execution of Daniel Diggle, at Nottingham

The header from a broadsheet published to mark the occasion of Daniel Diggle's execution on 2nd April 1817 The full broadsheet can be seen here,

On Wednesday 2nd April 1817, Daniel Diggle was executed in front of the Shire Hall in Nottingham. The two local newspapers each gave a report.

The Nottingham Review of 4th April 1817:

EXECUTION

Of Daniel Diggle, for shooting at George Kerry. 

Wednesday being the day appointed for the execution of Daniel Diggle, who had been convicted at our last Assizes, of shooting at Kerry, he was brought forth from the county gaol to the front of the hall, about eight o'clock in the morning, where a temporary gallows had been erected; and, notwithstanding it was at so early a period, and no public information had been given of any alteration being made as to time or place, a vast concourse of people assembled to witness the tragic scene. Diggle, with considerable fortitude, addressed the multitude—acknowledged his crime, and deeply lamented his having slighted the salutary admonitions of his parents; and particularly deplored his having been associated with Luddites, which, he said, had him to this unhappy situation. While under sentence of death, he was visited by Dr. Wood, the Chaplain of the prison; also by several dissenting ministers, whose exhortations and prayers, as far as we can judge, were rendered very beneficial in preparing him for his awful end. 

The following document has been handed to us by a Clergyman, who occasionally visited Diggle, and may be depended on as genuine:—

The rest of the report contained Daniel Diggle's alleged confession of the day before his execution.

The Nottingham Journal (from the Leicester Journal of 11th April 1817):

EXECUTION OF D. DIGGLE.

On Wednesday morning, the 2d instant, Daniel Diggle suffered the awful sentence of the law, on a temporary gallows, erected in the front of the county gaol, at Nottingham, conformably to his sentence at the last assizes. This unfortunate man was a native of Basford, near Nottingham, and was convicted of shooting at George Kerry, in his dwelling house in the parish of Radford, (in company with two other persons, who are still at large), on the evening of Sunday the 22d of December last, with intent to kill and murder him—From the time the decision of the Judge was made known to him, his only anxiety appeared to be how he might best prepare himself for another world. He fully admitted his guilt; and his sorrow and contrition, not only on account of the crime for which he suffered, but the numerous other errors of his past life, was apparently deep and sincere. He conducted himself to the last moment with becoming resignation, and we trust, by the attentions  paid to him by the Reverend Chaplain, and another worthy divine, who had daily visited him, he left the world supported by rational hope of mercy, through the all sufficient merits of a crucified Redeemer. About 8 o'clock the culprit was brought forth through the County Hall door, in a light cart, along the platform raised on the steps, under the fatal tree. He appeared firm and collected, and addressing himself to the numerous spectators, said, it was "Ludding" that had brought him to that untimely end:—he expressed his regret that he had neglected the good advice given him by his parents, and that he had not abandoned his wicked courses in time to avert the dreadful fate that awaited him, and exhorted all present to take warning by his untimely end. After a few minutes spent in prayer, the cart was drawn off, and he was launched into eternity.—His last words were, "Lord have mercy upon my soul!"—After hanging the usual time, his body was cut down, and delivered to his friends for interment. He was a stout good looking man, but extremely illiterate, had just attained his 21st year, and had not long been married.

The particulars of the trial of Diggle have been already published; but since it may be gratifying to some persons to possess some short notice of his Prison Thoughts, a friend who visited him during the last week of his life, has furnished us with the following particulars:—

On his first interview with the prisoner, he appeared rather unconcerned, but a degree of mutual reserve seemed to account in some measure for the circumstance. In all my subsequent visits he conversed frankly on the events of his past life; and manifested a degree of contrition (especially in his devotions), which was very becoming his awful situation.—Whenever he adverted to his contempt of the advice of his parents, he was very deeply affected.

We he mentioned Luddism, which was frequently the case, he severely reprobated a system, in which he had latterly been an active, though a subordinate agent; and he remarked with a feeling severity, upon the guilty guilt and cruelty of the secret promoters of that practice, whom he declared that he considered equally criminal with himself.

On the Monday before he suffered, he had formed the resolution of speaking freely on the subject of Luddism and his other crimes, from the scaffold; but fearing that his feelings might possibly prevent him, he desired that his sentiments might be written down, and published after his execution.

The following is the confession he earnestly desired might be published:—

...and the Journal also ended the article with Diggle's alleged confession.

The Nottingham Review of Friday 11th April gave a line to report Diggle's burial, which took place on the evening of the same day:

Diggle's body was removed from the County Hall, by his friends, to Basford; and on the same evening was interred in the church yard of that place, amidst an innumerable throng of spectators.

However, despite the report in the Nottingham Review, there doesn't appear to be any record of Diggle's burial in the Basford Parish Registers. It looks as if Diggle's burial was simply unrecorded and we may never know where his remains lie.

Diggle had married his wife, Catherine or Kitty Cockram in 1816 and their daughter, Sarah Ann, was christened at Basford on 10th August 1817.

I am indebted to the historian & genealogist Lesley Abernethy for researching Diggle's family history.

1st April 1817: "I, Daniel Diggle..." - Daniel Diggle's confession

I, Daniel Diggle, being about to suffer death, and fearing that I may not be able to unburthen my mind at the place of execution, have requested a friend to write down the following remarks and confessions, to be made public after my decease.

I freely acknowledge my guilt with respect to the particular crime for which I am to suffer; yet I declare, that when I entered Kerry’s house, I had no intention of taking away his life, and that I never thought of injuring him, until he seized Woolley.

I also acknowledge that I was guilty of the attack upon Lord Middleton's gamekeeper, and that I have been engaged in most of the framebreakings, which have taken place in this neighbourhood during this last eight months: but I never was engaged in Luddism, previous to that time: I do not however, publicly mention the names of my associates, as it is my most anxious hope, that they will take warning from my unhappy fate, and escape the miseries and disgrace which I now experience.

I would exhort with the earnestness of a dying man, not only my immediate companions, but all who have been engaged in Luddism, to break off from practices, which only involve themselves, and others, in trouble and ruin. When they observe a young man just 21 years of age, and who has only been married about as many weeks, brought to the scaffold, by those very practices—when they see the anguish of my afflicted wife and parents—when they pass by the church-yard of Basford, and observe the graves of Bamford, Towle, and myself—and when they consider the perilous state of those now confined in Leicester gaol, surely they will forsake their wicked course, and all who may have furnished money, or liquor, as an incentive incentive to crime, will be induced to repent of their cruelty. We have been often told that Luddism would benefit trade, but I most earnestly beseech all my acquaintance, as the last request I shall ever make of them, to consider it, as leading, insensibly, to the commission of the worst crimes, even murder itself.

Almost the only comfort that I now experience, is that the life of an innocent man was not sacrificed; and as I consider Kerry, and those who gave evidence against me, as instruments in the hand of Almighty God, in bringing me to justice, it would greatly increase my present sufferings, could I suppose that any should bear them ill will, or malice, on my account.

I feel very grateful to Lord Middleton for his tenderness towards my brother; and I confidently hope from the change of mind which took place in Nathan, whilst he was in prison, that there will be no occasion to bring him a second time before a bar of justice.

If any who have visited me in prison, have fought from my silence and reserve, that I did not feel my situation sufficiently, I can assure them that I now weep bitterly for my crimes, and fervently implore forgiveness at the tribunal of HIM, who once pardoned a dying criminal, and who will not, I hope condemn me, although so guilty a sinner, "TO THE BITTER PAINS OF ETERNAL DEATH."

Witness, THOMAS WRIGHT.

DANIEL DIGGLE.

County Gaol, Nottingham, Tuesday, April 1, 1817.

28th March 1817: Daniel Diggle writes to his wife, from Nottingham Gaol

March 28th, 1817.

DEAR WIFE,

I write to you, hoping these lines will find you in good health; by the blessing of God I hope they will. I should like to have the pleasure of talking to you before I depart this life, if it could be done. Dear wife, I wish that I had been as you wanted me to be, I should not have come here; but I hope my companions will take warning by me—I hope they will. It is a system that never did, nor never will do any good; but it will bring them to the gallows as it has brought me. Dear wife, if I had been ruled by you, I might have been a pleasure to you and all my friends; but it is done, and cannot be undone—so you must make the best of it. I hope and pray that God will bless you, my dear wife.

DANIEL DIGGLE.

27th March 1817: Daniel Diggle writes to his family, from Nottingham Gaol

Nottingham County Gaol, March 27, 1817.

DEAR FATHER AND MOTHER,

I take the opportunity of writing to you, hoping these few lines will find you in good health as they leave me better than ever I have been for many years, thanks be to God for it. I can die happy, for I put my trust in God—God is all my cry; night and day do I put my trust in him. I have now nearly finished another week, perhaps it may be my last week in this world, at least my last week will come. I shall not live another week on the earth; death is drawing nearer and nearer—it is sure to go, but how soon is uncertain. I might have been cut off in my mad career, then what would have become of me.

DEAR BROTHER,

Think of my situation, and keep good company. Do not break the Sabbath-day, and go to some place of worship, that will be the best you can do; for if I had been ruled in time, I should not have been here—that you know too well. I was glad to hear of your getting your liberty once more; and now you have got it again, strive to keep it. If any one entice you to go to the ale-house, do not go with them, unless you know them to be good company, for good company is the best: take my advice, dear brother, that you may be a comfort to my dear father and mother as long as you live. If you take the advice, I am very sure you will take no harm. See what bad company has brought me to. I beg you will take my advice—let me beg and desire you will. If I been at a place of worship on the Sunday night, instead of going to do what I did, how much better a man should I have been. Give my advice to all my companions, that they may repent before it be too late, for there is no repentance in the grave. Lord, hear my prayer for them. There is no peace, saith my God, to the wicked. An unpardoned sinner can have no peace with God. Dear brother, keep the Sabbath by all means, for that is the root of all.—But have I not sinned against God, and deserved this awful punishment? yes, my very heart is sinful, and the sins of my life are more than can be numbered. I have not indeed been what the world calls a great sinner; but oh! how often have I taken God's name in vain; how often have I broken the Sabbath by my sinful pleasure; how many times have I disobeyed my parents; how idle and legitimate have I been; how often have I coveted my neighbour’s goods; surely I must, in God’s sight, be a very great sinner; surely I have reason to fear, lest he should cast me into hell: now Christ is my only Saviour from this place of torment.

[DANIEL DIGGLE]

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.

18th March 1817: The trial of the Luddite Daniel Diggle, for shooting George Kerry, at Nottingham Assizes

COUNTY OF NOTTINGHAM.

Tuesday, March 18.

This morning, DANIEL DIGGLE, a fine stout-looking young man, only 20 years of age, was put to the bar, and arraigned on a charge of having on the night of Sunday, the 22d of December last, entered the dwelling-house of George Kerry, situate in the parish of Radford, armed and disguised, and then and there, wilfully, maliciously, and unlawfully shot at the said George Kerry, with intent to kill and murder him!

To this indictment the prisoner pleaded guilty, but Sir Richard Richards, having humanely pointed out to him the consequences of such a plea, and recommended him to consider the matter, and by pleading not guilty, take the chance of a trial, with some reluctance he consented, and pleaded not guilty.

Serjeant Vaughn shortly stated the case to the Jury. Four men were concerned in the perpetration of this atrocious act. One of them stood at the bar; another would be brought to give evidence, and the other two, Woolley and Henfrey had absconded.

Mr. Denman called William Burton the accomplice, but his Lordship wishing to have Kerry's evidence first, he was called, and Burton was ordered out of Court.

George Kerry (examined by Mr. Denman) was a framework-knitter, and lived at Radford. On the Sunday before Christmas Day, about eight o'clock in the evening, himself, his wife, his mother, Hannah Morley, and his niece (Ann Kerry) were at home. The door was closed and latched, but not locked. Two men lifted up the latch, opened the door, and came in; they had dark coloured long great coats on, with handkerchiefs over their faces, tied up to their eyes; one was a dark checked handkerchief, the other a light faded one; their hats were slouched down; one was a taller man, the other not so tall; at such a time one cannot tell to one, two, or three inches; they said "Advance into the parlour;" but the women were so frightened, instead of obeying the order, they all went into a corner; we were sitting in the house-place—the house-place is on one side of the door, and the parlour on the other. The men had pistols in their hands, which they presented at me and my family; I rose up from my chair, and seized the first man’s pistol by the barrel; he was the shorter man of the two; some struggling ensued; he appeared wishful to discharge the pistol into my body; I turned it aside, and when he pulled the trigger, the contents went into the fire, and knocked out some coals; the candle stood about a yard and a half off, and it was blown out by the firing of the pistol. I gave the pistol a twitch, but did not get it from him, I only drew out the ramrod.— (The ramrod was produced in Court.) I saw the other man with his pistol ready to discharge it at my head, he stood within nine inches of me, and perceiving he was going to fire, I stooped down, and when he fired, part of the contents catched my head, and the other part went into the wall in a triangular form; it was loaded with shot and slugs, and hit a tea tray fixed against the wall, and knocked it down. Two shot-corns entered my head, Mr. Attenburrow (surgeon), extracted one that might, and another the Saturday following. I have reason to believe there is another yet in my head, for it hurts me when I press on the place. I fell down, crying out, "I'm shot, I’m a dead man." They turned round and ran out of the house immediately. Hannah Morley, my wife's sister, locked the door. I got up soon after, and would have followed the men, but the women would not let me. The whole transaction, from the time of their coming into the house, to the time of their going out, might be a minute and a half; there was not above a few seconds between the firing of the two pistols. I saw Daniel Diggle afterwards in the gaol at Nottingham; it was on the 15th of Feb. Hannah Morley and John Kerry were with me. By order of Mr. Rollestone, one of the Magistrates, the turnkey’s lodge was cleared, and Diggle was brought up to me. When he came up, he shook me by the hand, sat down by my side, and asked me how I did; I replied not so bad as you meant me to be, and he made no answer, but his colour changed. I told him I was come to see him in a different form to what he came to see me, the Sunday night before last Christmas day; he made no answer. I asked him what induced him to do so. (Here the learned Judge made particularly enquiries whether any promise had been made to the prisoner, to induce him to confess. The witness maintained that no inducement was held out to Diggle either by himself, or any other person, in his hearing. Hannah Morley was present all the time, and some of the turnkeys occasionally came into the room.)—He made no answer. I asked the question several times, but still he was silent; at last he said, he'd be damn’d if he knew what made him come. I said to him, I reckon you left me for dead, when you left our house; he said he did. I asked him what he thought of me when I seized Woolley’s pistol; he replied, I’ll be damn’d if I know what to think of you. I said, you see I know, do you know who has told? Prisoner said no. I said, then I'll tell you, it is Burton: he replied, I know’d somebody had told, by what Mr. Rollestone said to me last Saturday.—He asked me where Burton was; I told him in Leicester gaol, he said he had never seen him since he was taken. I asked him if he knew what he said when he was coming down Pearson’s close, (Pearson’s close is about 120 yards from Kerry's) he said he did not know. I asked him if he did not say, damn his eyes, we’ll blow his brains out at the first go off; his answer was, I believe I did. I asked if Woolley did not come into the house first. He replied yes. I knew the persons both of the prisoner and Woolley very well, though I did not know them at the time. The prisoner’s father lived next door to me for several years, and is a very honest, industrious man.—(Here the witness’s feelings seemed almost to overcome him.)—Diggle said Shaw loaded the pistols in his room, as he and his wife were sitting at the fire. He said he expected at the time that Woolley, Shaw, Burton, and Henfrey were to come to my house, but when they had loaded the pistols, they put a pistol in his hand, and forced him to go; they were all in his room. I asked him where the hammer came from, that Burton had; he said from Bobber’s mill. The prisoner said Henfrey got the powder at Pogson’s. Hannah Morley asked him if he recollected what he said when he went out of the house; he replied he did not know, for he ran all the way home, quarrelling with Henfrey all the way for loading the pistols with any thing but powder. Hannah Morley repeated her question, adding did you not say, "damn his eyes, he’s is as dead as a nit;" the answer was, I believe I did. The prisoner said he had done that by me for which he should be hanged, and hoped I'd be as favourable as I could. He said Burton wanted them to come back again and break the frames, after they had left me for dead.

William Burton, the accomplice, (examined by Mr. Clarke) lived at Nottingham. On the Sunday before Christmas day, himself, Diggle, Henfrey, and Woolley, set off to break a frame at Kerry’s, it was about eight o'clock, they took three pistols and a hammer with them; witness carried the hammer; Henfrey fetched it from Constable’s house or garden, he did not know which, at Basford plat. Henfrey brought one of the pistols into the room loaded: the other two were loaded with powder from Pogson’s. at twenty minutes past eight, the prisoner and Woolley entered Kerry’s house, with pistols in their hands; witness staid at the door. When Diggle flung the door open, Kerry said, "halloo." The prisoner had a great coat on, with a light coloured handkerchief tied on his face, and an apron round his shoulders.—Diggle said to those in the house, "go in," meaning go into the parlour. The women screeted and a little girl (Ann Kerry) came to the door, but on seeing him with the hammer, she ran back again, and directly after the pistol was fired. Witness both heard and saw it; saw Kerry lay hold of Woolley’s pistol, and heard it go off. When the other pistol went off, Diggle and Woolley ran out of the house directly. He asked Diggle what he could think of firing? Diggle said because Kerry had seized hold of Woolley. Witness told him he had no occasion to fire, and he replied he was damn’d mad at himself for it. Witness then said, you're always such a damn’d fool when you’ve got a bit of powder; O says Diggle, damn him, he's as dead as a nit.—Witness and the prisoner went down some closes home; Henfrey and Woolley took another road.

Hannah Morley the sister-in-law to Kerry, was examined by Mr. Denman, but as her evidence was only confirmatory of that of Kerry’s it is not necessary to repeat it.

Ann Kerry, the niece, the girl who went to the door, and ran back when she saw Burton, was placed in the witness box, merely for the purpose of giving the prisoner an opportunity of asking her any questions he might think proper, but he declined doing so.

Thomas Pogson remembers that on Sunday before Christmas, about six o'clock, Henfrey came to borrow some powder of him. He lent in some in a horn.

The witness received an admonition from the Judge, and was desired to be more guarded in future.

The prisoner was called upon for his defence.—He said he did not know that the pistol was loaded with any thing but powder; he did not load it himself; and he only fired it to frighten them.

On being asked whether he had any witnesses to call, he mentioned several names, which were called in Court, but none of them appeared. After a considerable pause, the Learned Judge began his charge to the Jury; but before he had proceeded far, it was announced that one of the prisoner’s witnesses had made his appearance, and his Lordship, with that humanity, which we had frequent opportunities of admiring while he presided in the criminal court, and which we cannot sufficiently applaud, immediately paused, and ordered the witness to be sworn. It proved to be

Wm. Hemmett, who had known the prisoner twelve years, and gave him a good character.

It being stated that others were expected, his Lordship waited, and the next who appeared was

Robert Willis, a framework-knitter, of Arnold, who knew the prisoner, for he had worked for witness from July 1815, to July 1816, and always conducted himself well.

Elizabeth Hemmett had known him seven or eight years; he worked with her husband, and bore a good character as far as she knew.

After impartial and clear summing up of the evidence by the learner judge, the jury were desire to consider their verdict; which they returned obstinately, "guilty, my Lord."

His Lordship proceeded to pass sentence of death upon the prisoner, which he did in so impressive a manner, as to draw tears from most persons in the Court. It was nearly in the following words:—

"Daniel Diggle—You have been tried by a patient and attentive Jury, and been convicted on the clearest evidence, of an offence, which the law has made capital. In consequence thereof, your life has become forfeited, and you must lose it in the prime of your days, and in the full vigour of your mental and corporeal faculties. You went to the house of your neighbour and friend, a man who even now speaks of your father in terms of commendation; you went along with the other assassins, with deadly arms, forgetful of your duty to your God, forgetful of your duty to society, and forgetful of your duty to your father; you went, without provocation, in the calm and tranquillity of the evening, and you did all that you could, to murder your neighbour in cold blood. I thank God that you failed in your diabolical purpose. Your crime is of that magnitude, that you must not expect any mercy to be shewn you here; I should think myself accessary to the crime were I to suffer you to live, and depend upon it, I shall not disgrace myself, by soliciting mercy on your behalf. I therefore most earnestly intreat you to prepare yourself for that world, for an entrance into which I am afraid, you are quite unprepared. I have now only to pass the sentence of the law, which is, that you shall be taken to the place from whence you came, and from thence to the place of execution, there to be hung by the neck till you are dead, and may the Lord God of all mercies, have compassion on your soul."

These words were pronounced with so much solemnity, that they appeared to make a deep impression both on the prisoner and the Court: almost every eye was suffused with tears, and his Lordship himself was evidently much affected.

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

9th February 1817: William Burton's further confession

The voluntary confession of William Burton late of Basford in the County of Nottingham, taken before me Lanct Rolleston Esqr one of his Majesty's justices of the peace for the said County.

The attempt to murder Kerry.

On the Sunday before Christmas, Thos Henfrey & John Woolley of Basford, came to me whilst I was at William Pickburns houses, on Parson’s flat Basford, a called me out & said, they wished to speak to me; I went out, they desired me to ask Sutton Bill, alias Wm Pickburn if he had a bit of powder, I asked what they wanted powder for, said, they were going to break Kerry’s frame; I went & asked him, he said he had none; went & told them so; Henfrey had two pistols, one loaded & one not, Danl Diggle had one, unloaded; they said, they wanted as much powder as would load them both; I asked who was going to go; they said Henfrey, Danl Diggle John Woolley, James Shaw, (all of Basford) & said you must go & all, meaning deponent; said I had rather not, Henfrey said you had better, as they would soon do it, & they would not be more than half an hour; asked where Diggle & Shaw were, said up stairs in Diggles room; Henfrey desired them to stay where they were, (being at the bottom of the yard) & he would go to Thos Pogson’s, & ask him for some powder; went & brought some, brought it in a horn; then went into Diggle's room; Henfrey loaded one pistol, & Diggle another, Diggle got an old coat which was very much torn, & put it on & tied an handkerchief over his face; Deponent, Henfrey, Diggle & Woolley then went out of Diggles room, they stopt a bit in the yard, whilst Henfrey went some where to get a hammer, he got one, but does not know where from; they went directly to Kerry’s house, met no one by the way; Diggle & Woolley went on first, I & Henfrey followed at a little distance; Henfrey said; Dan, (meaning Diggle) damns his eyes if he don't blow his brains out, if he stirs, I said, that won't do; we overtook them, we came up to them in Pearsons close, before they got to the house; there agreed, that Henfrey should stand in the lane, Woolley against the door, & Diggle & myself should go in; I had the hammer, the other three had pistols; went up to the house listened against the window, & heard the children talking; came out of the yard again & stood the lane, deponent said we’ll stop about ten minutes, & the children will be gone to bed, they would make such a noise if we went in whilst they were up; Diggle was looking at his pistol, I said, my lad, let me beg you not to shoot, you’ll have no occasion for it, said he would not; Diggle & Woolley went again, I was about 5 or 6 yards behind, Diggle went first & threw open the door, Diggle & Woolley went in, I stood at the door; Kerry said, Hello, Diggle order’d the people in the house to go into the parlour, the women scream’d, & Kerry got up & seized Woolley, laid hold of his pistol, could not get it away, but pulled the ramrod out; then Diggle shot him; did not hear Woolley’s pistol miss fire, they then run out; when they got into the first close, Diggle dam’d his eyes if he had not shot him dead; said he tumbled down as dead as a rat; I asked him how he could think of doing it so, said. he did not know his pistol was cocked, I said I know’d, said, why did you not tell me, said, I did & talked to you about it before you went in; he said, damnation seize his eyes, he should have let Woolley alone, he seized Woolley he should have gone into the parlour & then I should not have done it; he said he was dam’d mad with himself for having done it, told him he was such a fool, that whenever he got a pistol & a bit of powder, he was always firing; I said it was the last thing I would ever be concern’d in, & would never go out any more; we then went home I & Diggle went together, & Henfrey went with Woolley a bye road; met no one by the way, saw no one & thinks no one saw us; went to Diggles house the next day, Diggle said, some one shot old Kerry last night. The ramrod did not belong to the pistol Woolley had, but belonged to a pistol taken from the factory at Loughbro’; thinks the pistol was drown’d, in Cheeny pool near Nottm, where all of them were drown’d, as he had heard say; it was a particular ramrod; the reason they wanted to break Kerry's frame was, because it was a cut up.

Job. at Bramcote

The Sunday before this took place there were many talking that man at Bramcote had got cut ups; Bill Towle said they should break them, & shew they could do a job without Jem; (meaning James Towle who was at that time in Leicester Jail) heard nothing more of it, till returning home from Arnold the Saturday following, saw Danl Diggle on the Parson’s flat, he said his brother Nathan & Bill Towle were gone to Chilwell to fetch pistols, for the job, they were to get them from his brother in laws where some had been left after the Loughbro job; James Shaw came to us & said we were to meet at the lane above Browns bleachyard, at ten oclock, we did meet there; the party then consisted of deponent, Danl Diggle, Chas Elliott, Joseph Widdowson, John Lomas, James Shaw, Robt Sugden, Jonathan Austin, & one Sam, (who run away for robbing the tent on the Race ground with Bill Towle, he has since enlisted into the guards at Derby, he has a mole on one side of his face, & is very pale looking, a good deal like, Saml Caldwell.) they then set off, went thro’ cherry orchard as they call it, past Aspley field, straight to the canal side; when they got to the top of the canal where the road to Trowel crosses it; Shaw, Danl Diggle, Chas Elliott & another, thinks it was Austin; went over a bridge to a public house, & got some ale, said they had a full quart & paid 6d for it; they drank it at the door & did not go in; Shaw said it was the last measure in the parish; this night be about eleven oclock it was in July; when these came from the public house they all went together along the cut side, for some distance till they came to a Lane, which they went down till they came to a place where they met Nathan Diggle & Bill Towle, who had brought pistols & cartridges & an hatchet; they gave pistols to those were to stand guard out of doors, namely Dan Diggle, Chas Elliott, & Bob Sugden, Jonathan Austin was also outside but had a gun of his own, Sam had a pistol & went into the house, Bill Towle had a pistol, James Shaw an iron crow, deponent the hatchet; the others had candles; coming towards the house, they saw a light in the chamber window, but it was put out before they got to the door; Bill Towle rattled the door, called out desiring them to come & open the door, they did not come, Towle took the hatchet giving deponent his pistol to hold, (this pistol Towle afterwards lost in the house) & broke it open; when they got into the house they got a light; they had things for striking a light with them; Towle went up stairs, Nathan Diggle, Widdowson & deponent followed, they broke 4 frames in the shop, the people in the house were in bed, thinks they never got up as they saw no one; they were there about 20 minutes, it was between 12 & 1, when they had done the frames, they went into another chamber, where the children lay, there was a machine there for winding silk they broke it, & as they were throwing it out of the window some of their own party fired at them, supposes by some mistake, did not hit them; they then came away, the children lay quite still & never made any noise; Bill Towle said he never saw any children lay so quiet before; they all went home together the same road they came, saw no one & no one saw them as he thinks; it was about 4 oclock when they got home; does not know the man's name whose frames they broke—.

As they were going to break the frames (after Diggle & the others who had been to the public house had joined them) they met a man on the canal bank, thinks he was drunk as he laid hold of several of them, & shouted, hallo lads, he went singing down the cut side towards the public house they had left, does not know if he went in, he was a middle sized man, had a short white frock on which only came down to his waist, & thinks a white hat it was moonlight; he looked like a miller thinks he was miller. The next day they took the pistols to Jack Hill’s, where he worked being in the same yard at the sign of King George on horseback; Hill was gone out, the master, (Hill’s brother in law) took them up into a cockloft.

One of the pistols bought by Savage at Derby for the Loughbro’ job; fellow to the one supposed to be at a gunsmiths in Nottm Mitchel, had with him at the shop where he worked, at the time he was taken,—

Lambley Job

Two or three weeks before this was done, Tom Austin, Jack Plumb, & big Sam alias Saml Caldwell, came to me & said, if I would get chaps to do a Lambley job, they, (meaning the Lambley men) would assist me at any time to do Bulwell; said, I would mention it; did so to the 2 Diggles, Thomas Corson or Corson or Corser. (since enlisted into the 96th) Joseph Mellors, Thomas Henfrey & William Cooper all of Basford; (Cooper has since gone to his parish which is Thringstone near Whitwich in Leicestershire) to Edwd Straw, Isaac Burton & John Wright of Arnold; Wright has since enlisted into a rifle corps at Nottm) & John Lommas of Bulwell; they all consented; the Saturday it was done big Sam, & Jack Plumb came to me at that time at Arnold, & asked if, they would come; said they would; Sam said he would go to Nottm & get pistols & ammunition, saying we were to meet in a particular close, next but one to the town; we did so, Jack Plumb went with us from Arnold, & when we got to Lambley, he went somewhere into the town & brought up two pistols; they soon heard a whistle, Plumb went towards it, the rest followed; about 2 closes off they found big Sam, Tom Austin, George Lovatt, as he called himself & John Blackburn; they brought pistols & ammunition; Sam said he had hid two pistols in Lovatt’s stacks, but had been to look for them, & could not find them; supposed some of Lovatt’s men had got them, & said when they went to break his frames they must get them if they could. They then went to Lovatts house; Henfrey broke open the door, deponent, Henfrey the 2 Diggles, Cooper went directly up stairs & broke the frames; Danl Diggle took a pistol & candle & went into the room where the journeymen & apprentices lay, & said, their general had informed them, they had got two pistols as belonged to them, & said he would blow their brains out if they did not give them up; they denied having; Diggle had an handkerchief over his face, & most of them had their clothes changed; saw no one in the house—Went from thence to Needhams house, knocked at the door, Needham open’d the door himself, they rushed in & Needham run up stairs, & they saw nothing more of them; all the party was more or less in the house at different times, except Isaac Burton, who said he would go into none, for having been apprenticed in the town, he should be known; an handkerchief of Burton's was lost there; they broke all the frames in the shop, went away without seizing any ones

Went from thence to Kirks the door not being open’d they broke it open, does not know who did it; Kirk did not come down, but talked to them on the stairs; said they had come to break his frames, he begged they would not, & said they were [Bergin] James’s; they said they were Shaws, that he was working at under price, & they could do them; Danl Diggle open’d the stair foot door & fired up stairs; it was a Cotton shop, deponent did not go into it; but Henfrey Cooper & Corser went in & broke all the frames; Went from thence to Godbers, desired to be let in, & rattled the door, two women put their heads out of a window, & said, that was not a public house; said, we did not want a public house, but had come to break the frames; the women called some men who put their heads out of the window & asked what we wanted, said we came to break the frames, & desired them to come & open the door; they did not; Henfrey broke it open, with the hatchet; it was one of those bought for the Loughbro’ job; we went in, & broke all the frames; it was a bottom shop, saw nothing more of the men or women; this was about 1 or 2 oclock; were about 2 or 3 hours altogether in the town; saw no one about; all went out of Lambley together number’d ourselves as high as 50 does not know how many frames they broke in each shop, but knows 30 were broke in the whole. then parted, Basford men went one way Arnold men another; before I got home I parted with the others, who went along a lane, & went by myself across the closes; On monday after the job Hill, Mitchel & a Adams Scotchman came over, & gave Mellors 17s to drink for doing the job we all drank it together; About a fortnight afterwards, Jack Plumb, Tom Austin, big Sam & Isaac Burton, met deponent in Arnold, & said Tom Needham could swear to Isaac Burton; and offer’d deponent & Isaac 10s to go & shoot him; Isaac said he would do it himself, if I would put hear him company there & back; said, I would know have no concern in murder; Jack Plumb said, I need have no concern as Isaac would do it himself, & only wanted me to walk with him; said I should be reckoned as bad, as if I did it; he said I had done that already as would hang me; but told him I would have no concern in taking life; they said no more to me about it, but Isaac plagued me very much to go & said he could do it easily, & would shoot him thro’ a hole in the window which was just against where he worked.

Needham might have seen Isaac Burton the night the frames were broken; thinks it was him who said, damn your eyes remember Clumber Street. When they first went into Needhams house, after he open’d the door, a pistol was fired either by Dan Diggle of Burton; thinks Wm Emmet & his wife where D. Diggle lodged will be brought to prove his alibi; & a woman named Hibbet or Herbert, who lives at Nathan Diggles will also be brought; she is married but lives with Nathan Diggle.

John Blackburn says, Jack Plumb & Isaac Burton have often requested him to shoot Tom Needham & one Police of Lambley.

The deponent William Burton is not a member of the Hambden Club.

Mr Rolleston
9 Feb. 1817

5th February 1817: Lancelot Rolleston says John Blackburn has implicated Daniel Diggle in the shooting of George Kerry

My Lord

I have the honour of forwarding your Lordship the full confession made to me by John Blackburn; the perpetrators of the various outrages he has detailed, are nearly the same as those implicated in destroying machinery at Loughbro’, the case against them in that affair, appears so particularly strong as to leave little doubt of their conviction; should that however not be the case, they may be arraigned on other charges at the Nottingham summer Assizes, which charges, I beg leave to submit to your Lordship the propriety of withholding, till the result of the capital indictment against them at Leicester is known.

Danl. Diggle & Josh Mellors two of the persons mentioned by Blackburn as having attacked Kerry near Aspley, are to take their trial for shooting at Lord Middleton's gamekeepers, a warrant is also out against Thos. Humphrey who was at Radford, & several others for the same offence; John Plumb one of the party who broke the frames at Radford & in Woolpack lane is also in custody, and shall be detained, if any evidence can be obtained against into either of those acts. I understand that Wm. Burton one of the men now in prison at Leicester, is desirous of making disclosure of a framebreaking which occurr’d a short time ago at Bramcote in this County, & which he says was done by a different set of men; I shall see him in a day or two & will transmit to your lordship any information he may think proper lay before me

I have [etc]
Lanct. Rolleston.

Watnall Feby 5th 1817

15th January 1817: 3 more committals for the attack on William Cooke are reported in the press

The Derby Mercury of 30th January 1817 carried a report about further arrests regarding the attack on William Cooke on 2nd January:

On the 15th inst. Joseph Mellors, Nathan Diggle, and Daniel Diggle, were committed to the county gaol, at Nottingham, for trial at the next assizes, charged with shooting at William Cooke and Francis Thorley, at Trowell, Nottinghamshire.

Other information coming to light would, however, lead to different charges being eventually laid upon one of those arrested.

2nd January 1817: Poaching raid on Lord Middleton's estate turns into a gun battle, prisoner taken

In the evening of 2nd January 1817, a raid on the estate of Lord Middleton, near Wollaton in Nottinghamshire, set off a chain of events that would have huge significance in the battle against the midlands Luddites.

There are several contemporary newspaper accounts of the raid. One of the most detailed was in the Stamford Mercury of Friday 17th January 1817:

On Thursday night the 2d instant, a numerous gang of poachers made their appearance at Broxtow Notts, where they took a man, who was some-time employed as an under-keeper for Lord Middleton, into close custody, in order to prevent his giving any alarm; they then proceeded to the house occupied by Mr. Cooke, one of his Lordship's keepers at Shortwood, which a part of them surrounded, while another part went in pursuit of the game. The under-keeper whom they had with them was compelled to lie down on the ground, and a man armed with a pistol sat upon him. Mr. Cooke's dog, however, having given an alarm, was instantly shot. Mr. Cooke was awakened by the report, and fired out of the window. The fire was returned on both sides several times, and an attempt was made to get into the house, but without success. The noise of the firing soon brought the watch and ward to Mr. Cooke's assistance, together with some other persons, when the poachers decamped, and attempted to make their escape: but one of them was soon discovered and secured; and three more have since been taken into custody, and committed to Nottingham county gaol.