1st April 1817: The trial of the remaining 'Loughborough Job' Luddites, at Leicester Assizes

Trial of Thomas Savidge, Joshua Mitchell, Wm. Withers, William Towle, John Amos, John Crowder, and James Watson, the firing a gun at John Asher.

On Tuesday morning, about eight o'clock, the above prisoners were put to the bar, along with Samuel Caldwell, otherwise Big Sam, the Jury were called and sworn, without any difficulty, consisting of the following gentleman:—

Humphrey Cartwright,

William Perceval,

John Eames,

William Flint,

Thomas Simms,

Saville Charles Hardy,

William Southernwood, 

William Cooper,

Alpheus King,

Henry Ogden,

Thomas Penford,

John Earpe.

The indictment was read over to the Jury, which charged the prisoners with having, on the 28th day of June last, unlawfully and maliciously shot at John Asher, with intent to kill and murder. Another count of the indcitment stated that John Blackborne shot Asher, and the prisoners were aiding, abetting, and assisting, and there were other variations.

Serjeant Vaughan addressed the Court at great length, and then called Mr. John Bowden, who gave evidence to the same purport as on the day before.

In the midst of his examination, the Court was told into some confusion, by Samuel Caldwell, one of the prisoners at the bar, falling down, in strong convulsions. He was carried out, and bled, and in about an hour, during which time the proceedings were staid, was again placed at the bar in a chair. About two minutes he appeared as though he was asleep, with his head inclined against Crowder, who sat next him. Some cordials were administered to him, and the opinion of Mr. Palmer and Dr. Frere taken, as to whether he was able to take his trial, and make his defence. The latter gentleman was sworn, and stated that the prisoner, Caldwell, had been in a state of convulsion, arising from agitation of mind, which had extended to a state of insensibility. It was probable that at intervals he might be able to attend to what was going forward, but the convulsions were likely to return, and be followed by a state of syncope. It was possible that he might not be able to take his trial any better at a future day, for the same circumstances might produce the same effect.

Caldwell was ordered to be taken away from the bar, and the trial of the other prisoners to be proceeded in.

The examination of Mr Boden was then concluded.

John Asher, the man who was shot at, and Mr. Palmer, the surgeon, gave in their evidence to the Court; this was necessarily the same as that detailed in the trial of Clarke on the previous day, and there is no necessity of a repetition of it.

John Blackborne, was examined by Mr. Serjeant Vaughan, as on the day before, and deposed much to the same purport.

William Burton deposed, that in June last he worked at Arnold. On Sunday the 23d of that month, he went to see his parents at Old Basford, where he saw William Towle, who asked him if he had any notion of making one in a bit of a job. Witness asked him what sort of a job it was, he told him it was the same as that done at Radford. Witness asked where it was to be, but Towle would not tell him; he asked him when it was to take place, and Towle said on the Friday following, about thirteen or fourteen miles from Nottingham. Witness said he had not money enough to take him so far and back again, but Towle told there would be 5l. a man and all expenses paid. Witness said as he had never been in any thing of the sort, he did not care if he did go. Towle asked him where he might get another, he answered he might take some of them that were at Radford with him, Diggle, or Barker, or Henfrey. He said he did not like to take Diggle or Henfrey, because they drank the money for the Radford job in the middle of the week, and that led to suspicion; and as to the other, he was apprentice, and his master and him might fall out if he were away so long. Just then witness saw Watson coming up, and said, there's Watson yonder, he has been a soldier, and perhaps he'll stand. When Watson came up to them, Towle asked him if he had any objection to make one in a bit of a job. Watson said no, and asked what it was, at the same time offering to find another man if he wanted him. Towle said he did not want another; it was not going to be a poaching, nor nothing of that kind. Witness told him no, it was a very serious job, and not to be laughed at. Towle added that it was using a bit of a hammer. Watson agreed to go and they parted, but they were to meet again on the Thursday night following. Witness got to Basford about dark hour on Thursday evening, and saw William Towle, and they appointed to meet the next morning in Damme’s meadow, between five and six o'clock. He went there accordingly, and saw Watson and Towle, when the latter informed them both that the job was to be done at Loughborough. The three went down the larkdale and met a man whom witness did not know, but he seemed to know Towle, and gave him four pistols. Witness does not know that he has ever seen the man since. They went to the Peach Tree public house, but it was not open. Hill, Mitchel, Amos, Crowder, and Slater joined them. They all went down Shaw’s-lane together. Soon after the Peach Tree was opened, and they all went in. Himself, Wm. Towle, Watson, Hill, Mitchel, Amos, Crowder, Slater, and C. Blackborne were present, and they had some ale and penny bread and bacon. The landlady, landlord, and servant waited. Witness, Towle, Watson, Mitchel, and C. Blackborne went out, intending to go by the coach to Loughborough. They went some place under the Long-row, he did not know what the place was called, the coach was just going, and none went by it. They then went to the White Lion, but that coach was just gone. They went back to the Peach Tree, and it was agreed that some of them should walk, and others go by the coach. Witness, W. Towle, C. Blackborne, and Watson were to walk. Witness and Watson went one way, and Blackborne and Towle another; they were to meet at the canal bridge. Those left at the Peach Tree, to come by the coach in the afternoon, were Slater, Hill, Amos, Crowder, and Mitchel. They joined together at the canal bridge, and after having passed the Trent, they went along the fields, when Towle produced two large pistols, which were loaded with black cartridges, and fired them off. C. Blackborne but on Towle’s great coat, for he had a blue waistcoat and sleeves on, and he was afraid without that was covered he might be suspected. Blackborne put the pistols into the inside pockets of the great coat. Towle had a corduroy jacket and pantaloons on. Witness had a velveteen jacket and corduroy breeches. Blackborne said it would not do to be altogether; he therefore gave witness and Watson 5s. and they divided two and two. Blackborne and Towle went first, and they were to join again at Bunny. He and Watson got there first, and called for some ale and cheese, and while there the other two came. When they left that place, Towle said he Blackborne were old hands, and the others were young ones, and therefore they would divide differently, Towle and he went together, and Blackborne took Watson. They were to join again at Hoton. They went to the Bell, at Hoton, he and Towle got there first, and called for something to drink; in about ten minutes the other two came. They did not claim acquaintance just then, but appeared to be strangers. Watson had a smock frock on. A man of the name of Spencer, a gardener, was there, and there was a disturbance between him and his wife; he had been out all week drinking, and she wanted him to go home. They all sung, but had not joined parties then. Towle sung a song, the chorus of which was—

"Damn such laws, and so say I."

A skinner came in, and had a biggish rough dog with him, which was taken a good deal of notice of. Towle complained that he had had nothing to eat that day, and he wanted something. The skinner replied, the landlord was a butcher, and they might have something he dare say. Some mutton chops were therefore ordered and cooked. Towle said to Blackborne and Watson, you may as well join us, we are all on the tramp, and we’ll go together. Upon this they all joined at the mutton chops. They staid four or five hours, and all went away together. This was about half past four o'clock, they went on the road to Loughborough. As they were going, a coach passed them, of which were Hill and Mitchell, coming from Nottingham. When the coach first appeared in sight, Blackborne and Towle went over a gate into a close, but when it was gone they came out again, and altogether went forwards to Loughborough. When they drew near, one person in a green coat met them, whom we did not know, but the man knew Towle and Blackborne, and turned back with them. Witness and Towle went to the Seven Stars, the man in a green coat went with them, drank once and then went away; several other persons were drinking in the room at the time. Blackborne and Watson came to the Seven Stars in about two hours; it was a hot day; they drank by themselves apart. C. Blackborne kept his top coat buttoned on purpose that persons might not see his pistols, for he said he was afraid the people of Hoton had seen them. They sung at this house, Towle sung the same song as at Hoton. It was about six o'clock when they got there, and they staid till ten, when the landlord wished them to go, as he made a common rule to shut up his house at that hour. They accordingly left the house, and strolled about the town, and loaded the pistols with powder and ball; there were four pistols, Towle loaded one, Blackborne another, and Watson another; did not know who loaded the fourth, but all four were loaded. None of them went to any other public house. C. Blackborne said they were to have gone to the Pack Horse, to have lighted on some more chaps there, but they did not go.—They met with a man who knew Blackborne, and took them up two or three streets, and shewed them the road to the factory. They went into a lane near the factory, and found some of the party, and were soon joined by more to the number of seventeen. The witness then went through the circumstances of the case from that period till they separated after crossing Aram’s ferry, nearly in the same words as on the day before.

And Woodward, Thomas Seymour, Ann Blatherwick, Mary Sanson, John Handford, appeared separately in the witness box. For their evidence, see Clarke’s trial.

John Keighley keeps the Peach Tree public-house at Nottingham. On the morning before the destruction of the frames in Heathcoate’s factory last Summer, a number of persons came to his house in company, about five or six o'clock. Slater was one of the party he has no doubt; believes he has never seen the man since. They had some penny bread and bacon, or cheese, perhaps they had both. They drank all out of one tankard.

John Allsopp lives at Hoton, is a butcher now, but at the time of the breaking of the frames at Heathcoate’s factory, he kept the sign of the Bell. About half past two o'clock in the afternoon of that day, two men came into his house, and called for a cup of ale, one of them had a pair of trowers on, and a sleeve waistcoat or fustain, or what they call velveteen; the other had a corduroy jacket on. In about ten minutes, two more men came in, one had a blue smock frock and a furred hat, the other had a big coat on. They drank separately, and he did not think they knew each other at first. In a little time they joined company. They asked for a mutton chop, it was cooked for them and they ate it. Young, a felllmonger or skinner was in the house, as well as Spencer, a gardener, Spencer's wife came in, and jarred with her husband, because he been drinking. Witness asked the men where they were going, and they said they were stocking-makers seeking work. In consequence of something said to him by Young, he went to one side of the house, and looked at the man with the big coat, and he had a pistol in his pocket: he went on the contrary side of the room, and saw another pistol in the other inside pocket; soon after he buttoned up his coat, so that witness could not see the pistols. The two men that came in first ordered the mutton chop; they all partook of it. The Sunday after Leicester assizes, which ended on a Saturday night, he saw two of those men coming along the road. It was Towle and Watson; he asked them how they did, and enquired of W. Towle whether he had been to Leicester, and how they have gone on at the assizes: he did not know Towle’s name then Towle said he heard that a man of the name of Towle was to suffer, but he seemed to wish to avoid the conversation; they walked on sharpish, saying they wanted to get to Nottingham by six o'clock. These two men did not come into his house the night the frames were broken, together; they came in separately. Towle had a corduroy jacket and trowsers on.—Burton was shewn to witness, and he declared that he was one of the four men who came to his house that afternoon.

_____ Young, a fellmonger, remembers the frame-breaking at Loughborough, and was at the Blue Bell, it Hoton, the afternoon previous thereto. Four men were there, and a gardener, who had an altercation with his wife. This witness pointed out Towle and Watson from amongst the prisoners, as being two of the four men. They sat in different parts of the house, and appeared to be strangers to each other. Watson had a blue smock frock on, and one of them, whom he did not see amongst the prisoners, had a large great coat, which was unbuttoned and he observed a pistol in each inside pocket. One pistol was with the muzzle upwards, the other downwards. Witness pointed this circumstance out to the landlord, and after he had been into the room to view them, the man buttoned up his coat. This witness identified Burton as having been Towle’s companion at that time. He had a large dog within which was much noticed. Towle sung a song, and some part of it was in these words "Damn such laws, and so say I."

Henry Staples kept the Seven Stars, at Loughborough, in June last. About half past five o'clock on the night when Heathcoat’s factory was demolished, four strangers came into his house. One had a light coloured top coat on; another a velveteen jacket and corded small clothes, the third had a smock frock on, and the fourth and jacket and trowsers. The man with the great coat on, kept it buttoned all the time, though it was a hot day. They sung, and one of their songs had a chorus "Damn such laws, and so say I." They went away about half past nine, in consequence of his telling them that he made a point of closing his house at ten o'clock.

Jane Tyler, whose husband keeps the White Lion, in Loughborough, proved the same circumstances as on Clarke’s trial.

Richard Woolley is a soldier in the 3d or King’s Dragoons. He saw Hudson and Disney together in Loughborough, on Thursday. Hudson goes by the name of Aaron Daykin, but Hudson is his proper name. Witness spoke to him in the street, but as he did not answer, supposed he did not hear him. The same afternoon about three o'clock, he saw these two, and another man (Blackborne) at Tyler’s. In the course of an hour, some man brought some beef-steaks on a scewer, and desired they might be cooked, there was about six pounds of them, and Mrs. Tyler cooked a part. Witness assisted in cooking and taking in the things, and was invited to partake, he did so; there were four men present, Sheepshead Jack, Hudson, Blackborne, and another. Some of them went out without eating any of the meat, none of them slept there that night, but next morning, about six o'clock, Disney and Hudson came, and they along with witness, finished them.

George Wilson, was employed by Mr. Hadderley, who occupies a small quarry at Mountsorrel. On the night previous to the breaking of Messrs Heathcoat and Boden’s frames, he lost some tools from the quarry; three hammers, one 30lb. one about ten, and the other smaller; an iron bar, four feet long, was also missing.

Thomas Phipps was a labourer employed on the road between Loughborough and Mountsorrel. On Friday he found the above tools in a ditch amongst some nettles and weeds; he lodged them at the turnpike house, where they were afterwards claimed by Mr. Hadderley.

George Hutchinson, the landlord of the Duke of York, in Loughborough, proved that Savidge, Mitchell, and Blackborne frequently came to his house during the few days previous to the breaking of his Heathcoat’s frames.

Isaac Beeby, Charles Young, and John North, gave a testimony the same in substance as that on Clarke’s trial.

Ann Mackay lived in Mill-street, in Loughborough, near the factory at the time the machines were broken; the house in which she lived joins the factory. Hearing a noise and the talking of men, she was induced to go out of her house to see what was the matter; her husband was employed at the factory. As she was proceeding to the factory, one man came up, and clapped a pistol to her head, and then another man with a pistol on the other side; they soon delivered her into the custody of somebody else, whom she swore to as being Savidge.—He had an handkerchief on his face but it fell off several times; she was in fear for her life every moment. Mitchell and Crowder were there; they came up to shake hands with her before she was set at liberty.

On cross-examination she said she did not see Mitchell and Crowder above a minute; she cannot tell whether it was a moon light night or not, but yet she can swear to them.

Benjamin Silvester, William Walton, and Thomas Foreman, gave the same evidence concerning the musket as on the former trial.

Joseph Shepherd was also placed in the witness box to repeat his testimony.

John Bowering was in the service of Wethering and Co. at Derby, and proved that Withers purchased a pair of pistols of him, the 30s. on the 25th of June last.

James Lawson, a constable of Nottingham, saw Crowder on the morning after the attack on the factory, asleep, and apparently very dirty and fatigued, at the Goat in the Meadow-platts.

Benjamin Barns met Cordwell on Lenton sands a little after seven o'clock on Saturday morning. Soon after he met Mitchell, and in a while after met James Towle.

This closed the case for the prosecution, and

Mr. Balguy renewed his legal objection, and stated it at considerable length, Mr. Denman followed on the same side.

Serjeant Vaughan was going to reply, but the Learned Judge over-ruled it.

The prisoners were then called upon for their defence.

Thomas Savidge addressed the Court, but did not attempt to deny his participation in this transaction. He particularly urged on the attention of the jury the characters of Blackborne and Barker; and told them he had a wife and six children. If they decided according to their consciences, and in the sight of God, he should be satisfied.

William Towle said he was not capable of saying any thing.

John Crowder dwelt on the characters of the two men brought as evidences against them; he had a wife and five children.

John Amos—"I have nothing to say, my Lord."

William Withers, have you anything to say your defence? "No, my Lord."

James Watson—"I have nothing to say, my Lord."

A number of witnesses were called, who bore testimony to the general good character of the prisoners.

His Lordship employed full two hours in summing up the evidence and giving his charge to the Jury, who without hesitation, returned a verdict of guilty against all the prisoners.

John Clarke was brought up and placed beside them, and Sir Richard passed the awful sentence of death upon the eight prisoners, in very impressive terms.

John Slater was then put to the bar, and pleaded guilty to an indictment for framebreaking. There was an indictment for a capital offence, to which he pleaded not guilty, and the Counsel for the Crown declined offering any evidence, and of course he was acquitted of that charge. For the crime of framebreaking, his Lordship ordered him to be transported for life.

Samuel Caldwell was once more brought to the bar, but Dr. Frere pronounced that he was absolutely insensible, and the Jury were discharged without giving any verdict in his case. He is remanded to prison till the next assizes.

Before Sir Richard Richards left the town, he was pleased to reprieve two of the unhappy men, Clarke and Watson; the other six, Savidge, Withers, Mitchell, Towle, Amos, and Crowder, are left execution, on the 14th instant.

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.

14th November 1816: The Home Secretary informs the Sheriff of Leicestershire about James Towle's appeal

Whitehall
Novr 14th: 1816.

Sir,

I think it right to acquaint you that the Judges have unanimously decided, that the Objections taken against to the Indictment against William Towle [sic], upon his Trial, at the last Assizes for Leicester, cannot be supported, and that his Conviction upon that Indictment is good.

It is accordingly determined, after a full Consideration of all the Circumstances of this Case that the Sentence of the Law shall be carried into Effect on the Day, to which the Execution of this unhappy Man was respited by Mr. Baron Graham: viz. the 20th Day of this instant November.

I have the Honor to be,
Yr
Sidmouth.

[To] C. W. Pochin Esqr.
&c &c &c

13th November 1816: James Towle's death sentence is upheld at the Court of Exchequer in London

On Wednesday 13th November, James Towle's appeal against his death sentence at Leicester Assizes was dismissed at the Court of Exchequer in London. Some of the contemporary articles are worth reading. First, the Courier of 14th November 1816:

COURT OF EXCHEQUER, Nov. 13.

CROWN CASE.

THE KING v. TOWLE.

 

At Twelve o’clock the Judges sat in the Exchequer Chamber, to hear the arguments of Counsel, on a special verdict, reserved in the prosecution of James Towle, one of the Luddites, who was tried with two others at the last Leicester Assizes, before Mr. Baron Graham, for shooting a pistol, with intent maliciously to murder George Usher.

 

Mr. DENMAN addressed the Judges in behalf of the prisoner, and stated, that a question was put to the Jury, after they had found a general verdict of Guilty against all the prisoners, Whether Towle was guilty of shooting the pistol? They answered, he was not the person who shot with the pistol. On that declaration a motion was made in arrest of judgment, and the case came before their Lordships, as a verdict of Guilty of maliciously firing, though the prisoner was not the person who fired. He had to contend, that the verdict, under such circumstances, was an acquittal.

 

Sir V. GIBBS.―The Jury do not find he was the person who pulled the trigger: but they find, that he feloniously aided and abetted the others in the unlawful act.

 

Mr. DENMAN then observed that he had to submit their Lordships, that the three last counts in the indictment, which charged the prisoner with being present, aiding and abetting the persons who fired the pistol, were not good, and that they could not be supported in law. He then proceeded to state why the judgment in the case could not be sustained against the prisoner.―The word feloniously, which was not annexed to the act of the prisoner, was required in law to set out the offence. In the three last counts of the indictment it was omitted.

 

Lord ELLENBOROUGH.―Do not the words imply that he was privy to the motive, which constitutes the fact?

 

Mr. DENMAN submitted that the indictment did not bear that construction.

 

Mr. REYNOLDS, in support of the prosecution, said, the finding of the Jury was a general verdict of guilty. His proposition, with respect to all the counts, was, that the whole were to be taken as one count. The circumstance of being present, aiding and abetting wilfully to commit murder, was indisputably a felonious act. It could not be denied that the prisoner was present aiding and abetting, and consequently he was privy to the felonious intent. There was enough to bring felony to the prisoner, without introducing the word “feloniously,” as contended for by his Learned Friend. He did not contend for any new construction of law, but one which had been acted upon during centuries, and was to be found in books of the highest authority. In the course of his argument he contended that the finding of the Jury was good, and that the verdict ought to be sustained.

 

Mr. DENMAN was heard in reply, and the Court was cleared.

 

The Judges gave no public opinion on the points.

 

The discussion of the above cause excited considerable interest. Nearly all the Gentlemen of the Bar were in Court.

The Leicester Chronicle of 16th November 1816 also covered the hearing:

COURT OF EXCHEQUER, Nov. 13. 

The twelve Judges sat in the Exchequer Chamber to hear arguments on the reserved case of _____ Towle, one of the men convicted before Mr. Baron Graham at Leicester. The Prisoner was one of those persons connected with the frame-breakers, and was charged with several others, with shooting at certain of his Majesty’s subjects with intent to kill. The two points reserved were, first, that the Jury having found the Prisoner guilty of being present, but not of firing the pistol he could not be found guilty as a principal: and further, that on account of the word “feloniously” being omitted in the counts, charging him with being an aider and abettor, neither could he be found guilty upon those counts. 

Mr. Denman was heard at considerable length in support of the objections taken at the trial, and submitted, that the Prosecutor’s Counsel, by having put the question to the Jury, whether the prisoner was the person who fired the gun or not, and having drawn from them an opinion, must not now complain, if that opinion proved fatal to the prosecution. 

Mr. Reynolds, on the other side, argued in support of the verdict Guilty; and contended, that the word “feloniously” being mentioned in the first count, must be taken to be so connected with the words “then and there present aiding and assisting” in the other counts, so as to over-rule them all. The Learned Counsel also contended, that this case came precisely under the provisions of the Black Act, and therefore, that all those aiding and abetting must be considered as principals. With respect to the question put to the Jury, and their finding upon it, the question itself was unnecessary, and the answer to it ought, in no way, to affect the verdict in any legal of view. 

The Judges took time to consider their judgment.

The same edition of the Leicester Chronicle also reported the outcome, which had started to appear in newspapers:

Towle the man who has been so long under the sentence of death in our county gaol, is at length likely to end his days in an ignominious manner; as we are informed, from unquestionable authority, that the twelve Judges have decided against him. It is supposed that he will be executed some time next week.

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

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

TRIALS of the RIOTERS at DOWNHAM and FELTWELL.

Before Lord Justice Lord Chief Justice Gibbs.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The SENTENCES.

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

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

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

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

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

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

LEICESTER.

Trial of Towle, Slater, and Badder.

SATURDAY, AUGUST 10, 1816.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9th August 1816: The Judge at Bury Assizes gives death sentences to 'Bread or Blood' arsonists

The Bury St Edmunds Summer Assizes commenced on Friday 9th August 1816, and saw a number of prisoners face trial for offences committed during the previous months in Suffolk.

A number of cases failed, or were postponed, as noted by the Bury & Norwich Post of 14th August 1816:

No true bills were found by the grand jury against Thos. Baker, for setting fire to a barn at Kettlebaston, or Susan Bruty, for setting fire to a building belonging to J. Skelton, of Clare.—The trials of the nine Brandon rioters were traversed to the next Assizes.

However, the main spectacle was reserved for the trials of two arsonists, and the same edition of the paper gave extensive coverage to these:

Trials of the Two Incendiaries.

James Pleasants, a boy of 15 years of age, was indicted for having feloniously set fire to a barn in the parish of Lawhall, in the occupation of Mr. Thomas Bradley, a farmer, by which the same and other buildings were destroyed by fire on the 12th of May last. The only witness in this case, in addition to the prisoner’s confession, was a little girl about 15 years of age, in the service of Mr. Bradley. She stated that during the divine service on the 12th of May, she was left at home with the prisoner and her mistress, who was ill up stairs, her master being on a visit to Mr. Reman, a neighbour adjoining.—The witness had been cleaning knives, and doing dirty work, for which she had occasion to put some water on the fire in a back kitchen, for the purpose of washing her hands: the prisoner was then present by the fire, when he observed to the witness, "why don't you go up stairs and put on your cloathes."—Witness replied it was wet and she should not change her dress that day. She took the water from the fire to the sink in the same apartment, and on turning her back, the prisoner left the kitchen; she did not see that he had any thing in his hand, but soon after he returned, saying, "the barn is on fire." This the witness was soon enabled to perceive from a great quantity of smoke issuing, and immediately after she observed the place all in flames. She instantly ran out and gave the alarm. The boy ran towards the church, thinking his master was there. He, however, accidentally met his master by the way, who by this time saw with great alarm the situation at his premises. There were several good and valuable horses, together with several cows and calves, besides other stock, which were totally consumed. The flames, however, did not reach the dwelling-house, from the timely assistance of the neighbours. When the prisoner was apprehended, he voluntarily confessed that he had conveyed in his glove a coal of fire from the back kitchen to the barn, where he threw it amongst some wheat in the straw. This confession was recorded by the magistrates, who thereupon committed him for trial.—It further appeared, that an anonymous letter containing threats to three persons in the neighbourhood had been previously picked up by the prisoner. That letter said, "the Magistrate was no Justice, and that he should be the first to suffer." But by whom that letter was written had never been discovered.—The prisoner being asked what he had to say in his defence, wept bitterly, and in a low voice which could only be heard by the gaoler, stated that this confession had been extorted from him under a threat from some person, that if he did not confess the crime, or say who did it, he should be scalded to death, and that it was under an impression of fear that he had so confessed. The magistrates being examined whether any such disclosure or threat was made at the time of his commitment, completely negatived that statement.—The prisoner was found guilty, but on account of his youth, recommended by the Jury to mercy. 

Joseph Bugg was capitally convicted of setting fire to a barn and a cart-lodge, in the occupation of Mr Jas. Glanfield, at Martlesham-hall. The prosecutor stated, that he rented the farm and premises under the Rev. Geo. Doughty, of Hoxne. He left his house on the 23d of April, with his wife, on a visit to a neighbour, and returned at 12 o'clock at night, when the premises were all safe. As he had walked from home, and did not expect to return very early, he left directions with the servants not to sit up for him. About an hour after his return, he was awakened out of his sleep by a cry of "fire!" and, looking out of his chamber window, saw the barn on fire. He immediately went down stairs, and saw that the cart-lodge was also on fire, and the roof was just falling in. These outbuildings were distant about 150 yards from his house. The night was calm, and the flame from the buildings, which were considerably apart, arose in an upright direction.—There were 80 coombs of barley in the barn, chiefly in the straw, and most of his farming implements in the cart-lodge, the whole of which were destroyed. Eliz. Hammond, who lived servant at Waldringfield Cliff public-house, was next examined. She stated, that the prisoner was there on the night the fire happened; he came about 6 o'clock in the evening, and drank with several others, all of whom went away before him. He staid until a little time after a quarter past 12, and went away then, upon her refusing to let him have any more beer. She had supplied the prisoner with a half-quartern of rum, 2 pints of old beer, five or six pints of other beer, with a half-quartern of gin in each. On cross examination, she admitted that, altho’ the prisoner had had part of this in the first instance, subsequently they had all drunk together. The next witness was ____ Rouse, who stated that he lived at Martlesham, and have known Bugg ever since he was a boy. On the night of the fire, the prisoner called at his house between twelve and one; his wife, who heard the prisoner call out to know whether he was at home, awoke him. On his getting up, the prisoner asked him if he could lend him a tinder-box and steel, which he at first denied, as he should want it himself in the morning; on a promise, however, that it should be then returned, he gave them to him. When the prisoner had gone three or four yards from the window, he called out to the witness, "don't tell any body!"—Directly upon hearing of the fire, he went and acquainted Mr. Glanfield of this circumstance. Witness’s house is nearly three-quarters of a mile out of the direct path from the Cliff public-house to the prisoner’s. The tinder-box was returned in the morning. He thought the prisoner wanted a tinder-box because there were gipsies in the neighbourhood. A young man, servant to Mr. Cattermole, next deposed, that when in conversation with one John Barber, on a Sunday, upon a stile, near the Lion at Martlesham, the prisoner came up to them; and in talking about work, the prisoner observed, that the farmers in the parish were all damn’d rogues, especially Mr. Glanfield; he would do them a kindness, and he (Mr. Glanfield) should be the first.—Mr. John Cook, a farmer, residing at Bucklesham, about four miles from Martlesham, but occupying a farm in that parish, stated that Bugg had formerly worked with him; that in March last, on being sent to work in the roads, he complained of Mr. James Glanfield, saying, it might bethank him that men were posted about from parish to parish. He thought Mr. G. the worst of them all; and he should not wonder if something were to happen to him before long.—The prisoner, on being called upon for his defence, said, that he drank all the liquor himself.—The learned Judge, in summing up the evidence, remarked, that in the species of crime with which the prisoner stood charged, it was by circumstantial evidence alone, that conviction could be founded; it was not likely that a man having such a diabolical purpose in view, should have any accomplices in the act. His Lordship took great pains to point out the connecting chain of evidence upon which the guilt of the prisoner might reasonably be presumed; and, after some pertinent remarks on the heinousness of the offence, and the necessity of preventing its recurrence, by example, he left the case for the consideration of the Jury. He concluded by noticing, that, as he had hinted before, the evidence was only presumptive, and in such a case, could only be so, the Jury would therefore give the prisoner the benefit of any doubt which really existed in their minds.—It was not, however, the province of a Jury, with the view to exonerate themselves from such a painful duty, to fabricate doubts, but to deliver such a verdict as the evidence of the case, in all its bearings, might lead them to. The Jury returned a verdict—Guilty, but recommended the prisoner to mercy.

The paper also recorded Sir Vicary Gibbs' sentencing:

Sentence passed on Prisoners capitally convicted.—Chief Justice Gibbs, in passing sentence, addressed the prisoner Bugg, expressing his regret at the situation in which this unhappy man was placed, by the heinous offence of which he had been convicted, on such clear evidence as that which had been adduced against him.—The learned Judge said he could not see the slightest hope which the prisoner could entertain of any thing like reprieve or pardon, from the awful severity which the law had denounced against his crime by way of punishment; and, for the sake of example, to deter others from committing the like offences; that sentence, however painful, yet towards a criminal like him, it was his Lordship's duty to pronounce. From the depravity and wickedness which the nature of the crime evinced, it was justly ordained that it should be expiated by the death of the culprit. The pretence of not knowing right from wrong could not avail the prisoner, whose years and experience must have taught him to view the extent of enormity which belonged to the crime of which he was convicted by a Jury. 

His Lordship next addressed James Pleasants, whose youth excited a great degree of compassion in the mind of the Judge, being under the necessity of passing sentence of death upon him for the same offence. His Lordship said, it was astonishing that such a degree of malignity should have entered the heart of a boy at his early age, whose depravity on that account was the more to be lamented. The Jury, on this consideration, and in hopes he might yet live to repent, the more sincerely as he advanced in years, were disposed to rescue him from an ignominious and untimely death, by recommending him to mercy; and although it was the Judge’s duty to pronounce the sentence of the law, corresponding with the magnitude of the offence, his Lordship was in hopes that by conforming to the recommendation of the Jury his life might be spared, in order that he might become a penitent, and at some future period, a useful and industrious member of the community, by seriously reflecting, that death was the least punishment which must await the commission of an heinous offence.

Before he left Suffolk for Norfolk, Gibbs reprieved Plesants, but left Bugg to hang.