21st December 1814: The death of the prisoner John Baines the elder

'Hulks in Portsmouth Harbour' by Thomas Christopher Hofland, c.1830. The Halifax prisoners were held in ships similar to these at the adjoining harbour at Langstone, immediately to the east of Portsmouth

On Wednesday 21st December 1814, John Baines the elder, one of the 5 men from from Halifax found guilty at the York Special Commission of administering illegal oaths, died on board a prison hulk in Langstone harbour, Portsmouth.

Baines was the third prisoner of the 7 who were sentenced to transportation at York to die since arriving on the south coast. John Lumb had died in an accident within 6 weeks of arrival, and Baines' own son, also called John, had died earlier in the year, in March 1814.

Like with his son, the prison hulk register is the only source of information about Baines' fate, and the cause of death is not recorded there. He would have been aged around 67-68 at the time. Given his age, Baines had done well to survive for almost 2 years - his son was aged only about 35 when he died, and the prison hulks were notorious for their poor conditions.

At this time point, none of the prisoners sentenced to transportation at the York Special Commission had actually been deported.

It is not known where Baines' remains are buried.

8th January 1813: The trial of John Baines and others for administering an illegal oath

The last trial that took place on Friday 8th January was that of John Baines the elder (aged 66, a milliner), Charles Milnes (22, a cardmaker), John Baines the younger (34, a cobbler), William Blakeborough (22, a cobbler), George Duckworth (23, a cobbler) and Zachariah Baines (15, a labourer). John Baines the elder was charged with administering an illegal oath to John McDonald (an undercover agent) on 8th July 1812, whilst the others were charged with aiding & assisting him.

James Alan Park spoke first for the prosecution to attempt to differentiate the actions of the spy McDonald from incitement, in that the prisoners were not innocents led to criminal acts by the spy. Park went on to relate what had happened on July 8th. Baron Thomson then summed up the case.

After McDonald gave evidence, he was cross-examined. A constable from Manchester, he had once been a weaver and was originally from Ireland. He was currently serving time in prison after being convicted of an assault, and had been brought to York by Habeus Corpus to give evidence. McDonald’s fellow constable who had been present with him for some of the time, John Gossling, also gave evidence in support.

The prisoners all gave evidence that they were elsewhere at the time alleged by McDonald and Gossling on the evening of the 8th July. They also called witnesses to back this up: John Thomas a master shoemaker from Luddinden in Midgley, employed John Baines the younger, and stated that they were together working on that day until 10 at night, after which they drank beer, with Baines staying the night. Another cobbler, Thomas Cockcroft, stated that he saw John Baines the younger at John Thomas’s the following morning.

William Longbottom, another cobbler, spoke for George Duckworth, stating that Duckworth had come with him on the 8th July to Ovenden before returning to Halifax and working together. They dined and went for a walk later, before returning to Duckworth’s, where Longbottom slept that night.

William Duckworth, George’s father, also spoke for him and confirmed Longbottom’s evidence.

Thomas Helwell, John Baines the elder’s son-in-law and a soldier in the 33rd Regiment, stated that he was with Baines on the evening of the 8th, and remained there until 2.00 a.m. the following morning.

Hannah Crowther spoke for William Blakeborough to say that she had accompanied him on the 8th July to Saddleworth to meet his brother, where they stayed that night and the following 10 days. John Blakeborough, the brother, spoke to confirm the evidence she had given.

The case was summed up by the Judges, and the Jury retired at 8.15 p.m. They returned 5 minutes later to find all of the prisoners Guilty, save for Zachariah Baines, who was found Not Guilty.

15th September 1812: The Huddersfield solicitor, John Allison, informs the Home Secretary of arrests in the West Riding

My Lord

By the directions of Mr. Ratcliffe our Magistrate and to save him the trouble of writing, as his hand trembles so much, I have the honor to inform you that he has this Morning committed Batley Fisher & Lumb three more of the Men who were concerned with Swallow in the robbery at Moxon's and who were apprehended on the Information of Earl Parkin whose Examination I had the honor to transmit you yesterday — These Men appear to have kept the neighbourhood where they resided, in a state of continual alarm, and seem to have been nothing but a set of desperate Housebreakers who have taken advantage of the times—. The persons robbed are so terrified as not to be at all inclined to exert themselves or to take any active part in the apprehension or detection of such Villains. I am sorry to inform your Lordship that Norton the Leader of these Banditti is not yet taken, but Green one of his most daring accomplices is taken, and is remanded till Thursday next when he is sure to be committed as we have a very strong case against him—

I am directed by Mr. Ratcliffe further to acquaint your Lordship that John Baines Senior John Baines Junr. Zachariah Baines George Duckworth Charles Milnes alias Gledhill & William Blakebrough all of Halifax were also this Morning committed by Mr. Ratcliffe — Old Baines for administering, & the others for being present at and aiding in the administering an illegal Oath to John McDonald (a person sent there by General Maitland or General Acland) and the two last named Prisoners were also charged with stealing Lead to make Bullets—

I have the honor to transmit to your Lordship herewith, copies of Examinations taken on those occasions and back to say that Mr. Lloyd from Stockport is with me; and we are and have been for some time past doing all in our power to detect the disturbers of the peace in this neighbourhood and hope to succeed—. I fear there are many nests of Thieves yet to be broke into as well some secret Institutions amongst the Croppers dangerous to the peace of the County, if not to the kingdom

I have [etc]
Jno. Allison
Huddersfield 14. September 1812

N.B. Since writing the above last night after post time, Mr. Ratcliffe has taken the inclosed Examination against John Crosland for abusing the Royal family & declaring he was twisted in — I attended his Examination both yesterday & to day in hopes I should be able to get some thing out of him, but have not succeeded — Mr. Ratcliffe as therefore taken Recognizances for his Appearance at York in case His Majesty's government should deem the matter worthy of further notice from any salutary motives, and for examples sake—

JA.

15th Sep. ‘12

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

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

13th September 1812: General Maitland updates the Home Office about arrests made in the West Riding

Wakefield
13th September
1812

My dear Sir

Since I wrote you yesterday I have seen all the People connected with the Men taken up in this Neighbourhood, and I have no hesitation in stating, that my Opinion is, we have got completely into a Set, consisting of about 18 of Vagabonds, who will pay heavily for their Conduct, before any Tribunal to which they may be sent, and I have little doubt indeed, that under the Evidence as I understand it, every Man will be capitally convicted, though at present there is only four seized, to whom this fatal penalty will probably attach.

The Number seized altogether is Seven, of these the List is as follows, with my Opinion relative to each—

Swallow, Committed to York Gaol for Burglary.

Lumb Fisher Batley: Against whom I have no doubt, there is that Species of Evidence, that left no option to a Magistrate to commit them, for any thing but a Capital Offence, and I have as little doubt of their Conviction

Rushworth will probably stand in the same Situation.—

Naylor, & Clegg, I think it doubtful.

In addition to those who are already in Custody, Norton, that we are now searching for, and a Principle in the whole Thing, is to be added.—

We are also looking after a man of the Name of Green, and another of the Name of Sedgwick, but these two last may be also doubtful.

I flatter myself however, if any Management is observed, we will get at all the rest, and should we fortunately so do, it will be a great relief to this part of the Country.

In regard to the Halifax People, I am not able to give you any decided Opinion. I have long known of them, before I came into this Part of the Country, but I have reason to believe too, from what I have heard to day, that the probability is out of this, a fatal result will follow to some of them.—

I cannot state what the effect of all this may be upon the Riding, but I am sure it must be salutary, though the Degree can only be judged of by the Experience of its Effects.—

I shall not intrude at present with any observations, as I hope to see Lord Sidmouth, and yourself so soon, but I can assure you, all this is not done, without a considerable responsibility.

Happily that responsibility, has not hitherto been called in question, from no act of Violence having occurred. But there is no doubt, much of it is not of the strict letter of the Law, though I believe perfectly, in the Spirit both of the Law, and of the Constitution, when fairly understood—

It does not appear, that the Gang here have ever taken the Oath regularly, and I rather think it will turn out, what I heard for the first time three days ago, that an accumulation of Villains, had come into this part of the Country, finding that the Terror, and the Timidity was such, that by knocking at a Door, and stating themselves to be Luddites, they could obtain the same Evils, in a much more quiet manner, than they had heretofore done, by House breaking or any such Practice.

I am [etc]
T Maitland
[To] John Beckett Esqr.
&c &c &c

11th September 1812: John Baines senior, his sons and friends are arrested at Halifax

On Friday night, 11th September 1812, the Stockport solicitor John Lloyd, and General Maitland's aide-de-camp, Captain Thornhill arrived in Halifax. They had obtained warrants for the arrest of several suspects, whom the authorities had known about for 2 months, and arguably set them up.

John Baines senior, and his sons John junior and Zachariah, along with George Duckworth, Charles Milnes (alias Gledhill) and William Blakeborough were all arrested, charged with administering and/or being present at and aiding in the administering of an illegal oath. Milnes and Blakeborough were also charged with stealing lead in order to make bullets.

The authorities in the West Riding had now started to close the net on suspects connected with Luddism.

8th September 1812: General Acland tells General Maitland he is ready to arrest John Baines at Halifax

Huddersfield 8th September 1812

My dear Sir

I send you the particulars of the breaking of Mr. Lindsey’s Shears on the night of the 6th & 7th inst. at Gildershem as transmitted by Mr Roberson

I have this moment a report from Lt Colonel Nelthorpe that a man was taken up at Flockton last night by the Norfolk Patrol attended by a Constable - Thornhill, Lloyd & Nelthorpe are gone out to enquire into it, & see what can be done — Another man was sent in by the Sergeants party at Lindley, and will be brought before Mr. Radcliffe this day — I think we can take up old Baynes & five others at Halifax in a few days: & make a good Case of it from the Informations of Smith & Downes, two of them for stealing Lead in company with Downes, old Baynes for twisting in Smith, when all the others were present — who have since acknowledged to have been present at the Business, when Downes has been in their Company — it appears to me it will be worthwhile to strike at them, & I can arrange to take them all in the same night, if they are still in Halifax — If you have any objection, let me know by return of Dragoon, as I mean to send them over this Evening to renew their Acquaintance & see where they are — Mr. Scott has just called to tell me, that George Howarth of High Burton came before him last night, & took the Oath of Allegiance — You have I believe heard of this man, in Whitaker's Confession — I send some Papers I found on my Table yesterday, which I conceive must belong either to Lord Milton or Mr. Wortley; as you will see them on Friday or Saturday, you will perhaps have the goodness to enquire & return them—

I remain [etc]
Acland
[To] Lt. Genl
The Rt. Honble
T. Maitland

20th July 1812: General Maitland informs the Home Office that the tactics employed in Cheshire are working

Manchester
20th July 1812

My dear Sir

I some little time ago, stated, to Lord Sidmouth that I was trying the Experiment of keeping a small Bodies of the Military constantly moving about the most disturbed Parts of this Country, “to Wit” The corner of Cheshire between Stockport and Ashton.

I have not been deceived in my expectation of the result of this Measure for in a long conversation I had this morning with the Magistrates, I find that part of the Country is perfectly quiet, that confidence is proportionally increased, and that what has hitherto been the very want, has now become a very peaceable part of the Country.

I shall in future pursue the same line wherever there may be occasion, and I am convinced it will be attended with equally good effects.

I had this day, for the first time, a long conversation myself with Barrowclough; he is either a very deep, or a very shallow person indeed, in my own Mind, he appears to me to be decidedly the last, and I do not think we can ever expect, to get any important informations out of him.

In general, he persists extremely in his Story of the Arms, which were searched for without effect, and in his Story, of the four Men paying them Monthly.

I certainly believe there may be some truth in both statements, but by no means to the extent, he would wish to make out, all that I am perfectly convinced of, from his information is, that near Holmfirth, where he was seized, Numbers had been Twisted in, but if any thing from every information I am more and more convinced in the Opinion I have stated some time ago to Lord Sidmouth, that there is no Head in all this, that it is confined to the very lowest orders of the People, and that it will be got under, if the Magistrates will act with Vigour under the Provisions of the New Bill.

I have got two Men at Halifax apparently going on very well, if they will only be quiet, but they think they do a great deal if they can get Twisted in, whereas that is just the Commencement of their being of any real use, they were sworn in, by a Master Hatter, and I dare say in a Week, we shall hear more of them, they state that part of the Country to be very bad.

Buckley the Man I am particularly anxious to get hold of, has hitherto escaped, the last Accounts we had of him, was a Bradford, to which Place he was followed, but had gone off, as he said himself to Scotland.

Every thing here is perfectly quiet, they have just opened however Petitions for Peace and Parliamentary Reform, which are signing by those Notoriously connected, with the late disturbances.

I am[etc]

T Maitland

Turn over.

P.S.

In respect to the Person stated by Sir Charles Saxton as having worked at Millard’s Mill near Stockport, there is no such Mill & no such Person known, but there is an Idea, upon which I shall write you tomorrow, that he is a man of the name of Roonnie, who is known here, to the Police, and whose discription and Character I am now getting, when I have it, to save time, I shall take the liberty of writing to Dublin upon the Subject.

[To] John Beckett Esqr.
&c &c &c
Whitehall

12th July 1812: John Baines warns the spies McDonald & Gossling about undercover Bow Street officers

On Sunday 12th July 1812, the two police spies from Manchester, Gossling and McDonald, were wandering about Halifax when they again met John Baines the elder, the republican hatter who had 'twisted-in' McDonald 4 nights before.

Baines looked worried and asked Mcdonald how he was - he then came closer and told the two men in a quiet voice that they must take care, as he had been informed that two Bow Street police officers were in the town.

The spies must have smiled inwardly at the irony of the  real truth of what the unwitting Baines had said.

10th July 1812: The spies McDonald & Gossling meet the old man John Baines in Halifax again

The spies John McDonald & John Gossling were milling around Halifax after McDonald had been 'twisted-in' by the old hatter John Baines the elder two nights before. They decided to pay him another visit and see what further conversation could reveal.

They went to Baines' shop and asked him if he would join them for a pot or two of ale at a local Inn. Baines agreed, and the three men went to the George Inn, where they were joined once again by Charles Milnes and William Blakeborough, as well as another hatter who worked in Baines' shop whom Baines said they could trust. They had a room to themselves and before long, McDonald pointed to Baines and announced to Gossling, "this is the old man that twisted me in": Baines was alarmed and put up his hands, warning McDonald to be cautious where and to whom he said this. He told the two men that he generally had nothing to do with people who were not acquainted with the words 'aristocracy' and 'democracy' and asked them if they knew what this meant? They gave their explanation, and Baines must have been satisfied, as the conversation continued.

A long conversation ensued over a few drinks, during which Baines unwittingly revealed his radical pedigree to the spies, commenting that "(his) eyes had been opened a great while, a matter of three and twenty years".

8th July 1812: A spy sent from Manchester is 'twisted-in' by an old man at Halifax

John McDonald and John Gossling were two assistant constables in Manchester. They had both been sent into West Yorkshire by the Manchester Deputy Constable, Joseph Nadin, with a view to infiltrate clandestine workers' organisations.

The spies arrived in Halifax at noon on Wednesday 8th July 1812 and headed straight for the first public house they could find, the Crispin Inn. After ordering and eating a meal, they left to find somewhere to stay, and having done so, returned in an hour or two. Before long, they were talking to locals, and were soon in conversation with a man called Charles Milnes. They talked generally about the state of the country, and Milnes began to open up about who he knew and what he had been up to; that he had stolen 60 rounds of ball cartridges from a soldier in the Cumberland Militia, but had been found out and had fled when the military searched him and tried to take him before an official. He subsequently hid out on Dean Moor for 3 weeks. He also told them he knew the two men killed at Rawfolds very well, and also another Luddite who had acted as an officer in the attack on the mill. Having gained Milnes confidence, McDonald tried to engage him in talk about how to become involved with the Luddites. Milnes made it clear that before conversation on that subject could go further, he would have to be twisted-in.

After a further discussion, McDonald agreed to the proposal. McDonald later swore that Milnes said "I will take you to a man who has been in the business nearly twenty years, and he will do it for you tonight".

Leaving Gosling behind, the two men made their way to the home of an elderly hatter called John Baines.  Milnes said to Baines "I have brought a friend here; he is a stranger, but he is a very good fellow, and he wishes to be a brother." McDonald noticed that Milnes had raised his voice slightly, and Baines had cupped his ear - the old man was hard of hearing.

"Then we must be handy," said Baines "for we shall have the watch and ward here soon; some of my neighbours have laid an information, and they are often searching my house."

McDonald looked around - 4 others were present, including a young boy, evidently the old man's son. They all sat down together and began to talk. Baines repeated his concerns about the Watch and Ward - McDonald said "I will go as soon as I have done."

The old man then produced a small book, which McDonald assumed was a bible, and bade them all to stand up. Baines' youngest son, the boy who was present & called Zachariah, stood with his back to the door of the house.

The old man Baines said "take the book" and held it out to McDonald, who complied. Baines asked him his name - McDonald lied and said "John Smith", and Baines said "John Smith, say after me;" and Baines administered the oath. Afterwards, Baines urged McDonald to kiss the book, and he complied.

McDonald offered to buy everyone a drink, but the old man Baines declined, owing to the Watch & Ward. Leaving Zachariah with his father, McDonald went out with the others present, they being the old man's other son, John Baines junior, William Blakeborough, George Duckworth, and Milnes. They headed back to the Crispin Inn, with Duckworth deciding to go home before they went in.

In the pub and in the presence of his three new contacts, the spy McDonald boasted openly to the other spy Gossling that he had got himself twisted-in, and Milnes told Gossling he had introduced him. The five men drank and talked more, before they all left the Crispin Inn between 12.00 - 1.00 a.m., with the three Halifax locals walking the spies to their lodgings, none the wiser about their new friend's real identities and intentions.