5th January 1813: The trial of John Swallow, John Batley, Joseph Fisher & John Lumb for burglary

The first trial of the York Special Commission commenced at 10.00 a.m. on Tuesday 5th January 1813.

The prisoners John Swallow (aged 37), John Batley (31), Joseph Fisher (33) & John Lumb (32) were indicted for a burglary at the home of Samuel Moxon, at Whitley Upper, on 3rd July 1812 and stealing various articles belonging to William Moxon. They all pleaded Not Guilty.

Fisher, Swallow & Lumb were coal miners, whilst Batley was a clothier.

James Alan Park opened the case for the prosecution by stating that although the crime itself was not unusual, the circumstances under which it was committed made it anything but a common case.

Park went on to outline the Prosecution’s case:  that shots were heard from outside the house by Moxon, and then threats, demanding he open his door until he relented. Once inside, the men demanded first arms and then money, accompanied by threats to shoot him. Moxon gave them some money, and then later some food from his cellar, as well as clothing. He stated that the men were in the house around an hour.

Park then produced the witness & perpetrator who had turned King’s Evidence: Earl Parkin. The Crown contended that it could be established that Parkin was involved by the evidence of other witnesses: Samuel Parkin – Earl Parkin’s brother – was part of the group, but said he got cold feet about the raid and left the group; and Jonas Boocock, a man who saw some of the group together, including Earl Parkin, earlier in the afternoon; finally Joshua  Peace, a neighbour of Samuel Moxon who saw the group with blackened faces prior to the robbery and who tried to intervene, but was shot at, intimidated and even followed to his house and threatened to keep quiet.

Park contended that John Swallow had bragged about the robbery on 6th July 1812 at Wakefield Gig Fair on Grange Moor to a man called Littlewood. That he had said that the group passed themselves off as Luddites because that way those they robbed offered less resistance. Littlewood said Swallow had asked him to join, but he refused and went straight to the authorities. Two other witnesses, Joseph Roberts & William Sykes, had confirmed they had seen Littlewood talking to Swallow at the Fair.

Park contended that, when he was committed to York Castle, John Lumb had admitted to another prisoner, Samuel Stocks, that he had been present at the raid, though he had tried to not take part. This prisoner also contended that Joseph Fisher had admitted he too was present at the raid at the same time, but that he had been intimidated into going along by Swallow & Parkin.

Baron Thomson summed up the case, and the examination of witnesses began with William Moxon. Moxon stated that shots were fired at the house, something that the witness and accomplice Earl Parkin did not agree with, but the point was not laboured by the prosecution. Moxon went on to describe the raid in detail.

Jonas Boocock was then examined. The prosecution admitted that though Boocock was clear that he had met Swallow, Fisher & Earl Parkin on the afternoon before the raid took place, Parkin could not place the precise day this took place. Boocock confirmed he had known Parkin for 6 years, and also that he knew Swallow.

Next Earl Parkin, the King’s Evidence, was called. He said he had agreed to meet Swallow, Lumb, Fisher, Batley  & Samuel Parkin at a cabin belonging to a man called John Bedford at Fallas, which was a mile from Moxon’s house. He had brought a gun, as instructed, and had joined the others after 11.00 p.m.  Parkin stated that Swallow and Batley had taken their shirts off, and worn them over their outer clothing, something that Moxon corroborated, and blackened their faces with soot from the chimney.

Parkin went on to say that the witness Joshua Peace had wanted to join them in the raid, but the group did not want this, and threatened and intimidated him to get him to leave them alone, something Peace had not admitted to in his evidence. Parkin then went on to say that when they arrived at Moxon’s he did not go into the house, but that Swallow, Batley and Fisher did, with Lumb staying outside and Samuel Parkin refusing to take part 200 yards before the house had been reached.

Parkin stated that, after the raid, the men went to a wood in a valley nearby and divided up the goods they had stolen. Samuel Parkin did not want any of the booty. Swallow kept the money, in order to pay for a watch he had pawned for drinking money for them all some time before.

Under cross-examination, Parkin stated he had met Boocock the day after the raid, not the same day as Boocock had said. The defence also underlined evidence contradicting the account of the raid: Parkin was adamant no shots had been fired at the house, only those to intimidate Peace prior to the raid. Parkin was also clear about his motive for turning King’s Evidence – he wanted to save himself.

Parkin’s brother, Samuel, was next to give evidence. He stated that 3 days prior to the raid, he had met with the group, and John Swallow had first invited him to a ‘meeting of the Ludds’ on Grange Moor, and then ordered him to do so when he appeared reluctant. Departing from his brother’s evidence, he stated that he had no idea that there was a plan to raid Moxon’s house until the group was within 200 yards of it, and refused to go any further. Samuel Parkin’s evidence also directly contradicted that given by others: he said he heard no shots that night at all, nor did he see Joshua Peace, and he said the group returned only 10 minutes after leaving him in the road to rob Moxon’s house.

Joshua Peace was the next witness. He described in detail his encounter with the group, and admitted he knew all those at the bar in the court, but on the night, he thought that he only recognised John Swallow’s voice, but remained largely uncertain.

Further witnesses were called – Alexander Littlewood, Joseph Roberts & William Sykes, to state what had happened when they encountered John Swallow at Wakefield Gig Fair.

The debtor at York Castle, Samuel Stocks, was called and related his encounters with the prisoners, but under cross-examination did admit that he had taken legal action for slander against John Swallow and another man called Noble previously. Swallow had also been his tenant, and there had been a disagreement about extending Swallow’s tenancy which produced the slander. He went on to say that he owed money to Mr. Blackburn, one of the defence Counsel at the Special Commission, but that he bore the prisoners no ill will.

John Allison, the Huddersfield solicitor, stated to the Court that no threats or promises were made to the prisoners when they were examined by the Magistrate Joseph Radcliffe on 14th September 1812. The statements given by Batley, Fisher & Lumb were then read out to the Court.

The defence of the four prisoners consisted only of their assistance that they were not guilty.

Witnesses were called for the defence. George Armitage, a farmer from Kirkheaton, stated that the evidence for the King, Earl Parkin, was not trustworthy. A Mr. Wright, a debtor from Gaol, spoke for the good character of John Lumb, who he had known for 15 years.

After the summing up, and nearly 9 hours in court, the Jury retired at 6.40 p.m. for only 10 minutes. All four prisoners were found Guilty, but the Jury recommended John Lumb to mercy.

Baron Thomson asked for the grounds for mercy for Lumb, and it was stated that it was felt Lumb was under the influence of Swallow, that he had no firearm, and had not blackened his face, as well as having a witness to his character.

The prisoners would be sentenced at the end of the Special Commission.

17th September 1812: The Huddersfield solicitor, John Allison, reports the arrest of Thomas Green to the Home Secretary

My Lord

I have the honor to acquaint your Lordship by order of Mr. Ratcliffe our Magistrate that he has this Morning committed Thomas Green to York Castle for Burglary on the Information of Earl Parkin a Copy of whose Examination I had the honor to send to your Lordship yesterday, & I beg to observe that we can confirm Parkins Evidence out of the Mouth of two other Witnesses—

I lament that Norton the leader of the gang is not yet taken, though he has been seen looking about and is very strictly watched

I beg to acquaint your Lordhsip that I gave Mr. Lloyd the Examinations against old Baines & the 5. others for Administering unlawful Oath & assisting therein, & he promised to transmit copies to your Lordship.

I have [etc]
Jno. Allison
Huddersfield 17 Septr ‘12

[To] Rt Honble Lord Sidmouth &c. &c.

14th September 1812: The 'Luddite' burglars seal their fate before Joseph Radcliffe

The remaining 'Luddite' burglars that had been implicated by Earl Parkin in his deposition of 12th September, had been arrested, examined and were brought before Joseph Radcliffe to make a statement. Rather than keeping John Swallow's line of denying everything and saying nothing, some of them had cracked, sealing all their fates.

Earl Parkin himself swore another deposition with more detail about the attack on Abraham Moore, and implicated a new person - Thomas Green. More detail was added about the items stolen as well - 36 Guineas and a gold ring.

Earl Parkin's brother, Samuel, also swore a deposition which implicated several of the gang. He alleged that John Swallow had persuaded him to join them with promises of work, and when it became clear to Samuel what the real purpose was, threatened to kill him if he backed out. Samuel had accompanied the gang to the raid on Samuel Moxon's house on 4th July 1812, but claimed to be not directly involved and had not seen them since. He was bound over to give evidence at the trial.

Alexander Littlewood, a clothier from Flockton, gave evidence that Swallow had boasted to him about the raid on Moxon and gone on to talk about a plan to raid Wilson's Bank at Mirfield. He said they had suggested meeting further to discuss it, but Littlewood later passed it off as a drunken joke, but soon realised it was not later when he met Swallow & Earl Parkin a few days later: they were displeased he had not been to the meeting and threatened him to keep quiet.

Lastly, the three other members of the gang swore a deposition before Radcliffe. Their evidence varied, but was contradictory enough to make a future defence at a trial all but impossible.

John Batley, a clothier from Thornhill Edge denied being inside Moxon's house on 4th July, and also denied having a gun, but admitted he was there.

Joseph Fisher, a coalminer from Briestwistle said he went to Moxon's at the request of Earl Parkin & Swallow, and said he had been threatened with being killed if he did not go.

John Lumb, a coalminer from Thornhill Edge, similarly said that he was asked to go to Moxon's by Parkin & Swallow, but stopped away at a distance while the raid took place.

All three men would face trial at a future Assizes.

14th September 1812: The Stockport solicitor, John Lloyd, reports a breakthrough in arrests in the West Riding

Huddersfield
14 Sepr. 1812

Sir

Your two Letters of the 2d & 3d Inst I got Stockport yesterday only — they shall now be in every respect punctually attended to.

Altho’ I have not duly reported the progress we are making here to have no doubt you are not without authentic Information as to every thing that occurs of consequence—Indeed that has been the reason for my silence.

Some days ago a man was taken up by patrol at Flockton for merely being found out of his House at an unreasonable hour — but as it was known he had been in the Company of a person of bad character Capt. Thornhill & myself went over to examine him – the result of which fixed some suspicion on this Companion & we examined him to good effect also — for he gave such Information as was sufficient to obtain a Warrant against two men the one for Burglary (in pursuit of the Ludding system) and the other for inciting the Informant to join in Burglary These men were taken before the Justice and the one of them *Earl Parkin guilty of the lesser offence impeached many others of capital offences 3 of whom had been taken and are this day committed to York and others are in custody here for further Examination.

On Friday night Capt. Thornhill & myself set off to Halifax with 6 or 7 warrants agt persons charged with administering & aiding and assisting in administering an unlawful oath and with having stolen lead to make bullets for their use as Luddites—The warrants were agt 6 persons all of whom we succeeded in taking during the night, and sent them to Huddersfield from which they have been this day committed (all six) to York. The Exams are not by any means complete but as soon as taken shall be transmitted. It was my wish to have this done prior to commits taking place, but I was absent, and the Justice was satisfied of their guilt—and therefore committed them. I do hope we have been making a series impression, such as may induce a material change in the disposition of the people—Several have been taken up for words—I wish we could get at the knowledge of their deeds—A man of the name of James Starkie has been committed to York for endeavoring to incite two persons to felonious outrages & not being able to get bail was committed to York—

I shall collect all the Evidence in the different offences to send up for you or rather Mr. Litchfield or Mr. Hobhouse to lay before the Law Officers of the Crown

I have inclosed the Paper from Ireland you desired to have returned and have sent a Copy to Mr Fletcher and shall write to Mr. Hobhouse by this mail

I have [etc]

J Lloyd

[To] J. Beckett Esq
Under Secy of State &c
&c—

*christian name

12th September 1812: A 'Luddite' burglar confesses to Joseph Radcliffe

Earl Parkin & John Swallow were two coalminers, who were out after dark near Flockton in the West Riding when they were taken up by a military patrol on 7th September for being unable to give a good reason for being out at that hour.

They were both kept in custody by Joseph Radcliffe and were interrogated at some point over the next 5 days by the Stockport solicitor John Lloyd and General Maitland's aide-de-camp, Captain Thornhill. Whatever Lloyd did or said had a greater bearing on Parkin than Swallow. By Saturday 12th September 1812, while Swallow denied everything in a deposition taken by Radcliffe, Parkin provided several pages of information.

Parkin told a tale in which Swallow had initiated him into a gang of housebreakers, led by another man called Joseph Norton, from Horbury. They had first acted together at the home of Benjamin Tolson in early June, demanding a gun and then money when none was offered, taking away a Guinea note. They spent the money on ale the same night at the Cross Keys in Horbury Bridge, and were joined by John Batley. By 11.00 p.m. they had no money left and decided to sleep out in a barn.

The next day, they were joined by the gang leader, Joseph Norton. They decided to use Parkin's watch as collateral against more ale from the Cross Keys and drank all day.

The next robbery that Parkin took part in was at the home of Abraham Moore near Netherton in mid to late June. After taking Moore's gun, they demanded and were given money, and proceeded to plunder the house of a pie and some ale in a pitcher. Parkin's watch was still behind the bar at Cross Keys, and although the stolen money was supposed to be used to release it, it didn't happen at this time.

Parkin next took part in the robbery of a man called William Moxon at Whitley Upper, along with Swallow, Batley and two other men, Joseph Fisher and John Lumb. In the way of Luddites, they wore their shirts over their other clothes and blackened their faces with ash. Arriving at Moxon's, they demanded a gun, and when this was declined, proceeded to rob Moxon, issuing death threats. They took a Guinea note, 8 lbs of butter, some beef and some of the clothes of Moxon and his wife. This time, some of the money was used to release Parkin's watch from the Cross Keys.

The last robbery Parkin admitted to was of a man called Richard Crossley at Thornhill. He was joined by Swallow, Batley & Lumb. The pattern was the same - demand a gun and then rob the house, only this time, a window had to be broken and a burglary happened as Crossley and his family would not let the men in. They took a Guinea note, two pound notes, two shillings and a penknife. Before the plunder was divided up, Lumb got cold feet and ran away.

Parkin also confessed that there had been discussions about the possibility of robbing Wilson's bank at Mirfield, but the plan was rejected as it would require at least 20 men.

The authorities struck a bargain with Parkin - admit evidence for the Crown and receive immunity from prosecution. He accepted the deal.