5th February 1817: The Town Clerk of Leicester suggests a Special Commission to try the 'Loughborough Job' Luddites

Leicester
February 5. 1817

Sir

I beg to acquaint you that the Report as to the Hampden Club proceedings of last Monday night contains nothing of sufficient importance to communicate, but my Agent states that in a conversation with Pares, a Jacobin Printer here, Pares stated that he had circulated several tracts amongst the Soldiers here, particularly the dialogue between the privileged class & the people, & that if he could get money enough he would circulate some thousands amongst them. He added that if they were to rise the best way would be to ascertain all the Soldiers Quarters, & parties of young men to go & seize their arms at once before they could muster, or know what was intended.

I mention these facts merely to shew you the sort of ideas to which this party familiarizes itself, tho’ it may not be seriously intended to act upon them.—

I had the pleasure of attending the examinations & final commitment of 8 Luddites for trial at our County Gaol on Monday, & 2 others who must be admitted evidence, & I strongly advised the Magistrates to apply for a Special Commission to try these men by way of a signal example. I hope His Majesty's Government will acquiesce in the propriety of this step, as the County Gaol is full of Offenders for desperate crimes besides the Luddites, & if all are to be reserved till the Assizes it may appal the stoutest Jury to return so many Verdicts of Guilty where they know Execution must follow Besides which in the trial of so many Luddites the most active exertions & vigilant attention of the police & the public will be required to prevent serious disturbance, & those exertions would be less effectual if divided & harassed by attention to other business.

I hope you will not think me officious in these observations which regard matters not exactly within the pale of my duty:

I have [etc]
Tho: Burbridge
Town Clerk

[To] J.H. Addington Esqr
&c &c &c

25th June 1816: The Chief Bailiff of Ely complains about the overcrowded Gaol

Ely June 25th 1816

Sir

You will excuse my troubling you with this Letter, merely to say, how necessary it is, that an application should be made to Government to request they will favour us with an early Order for the removal of the Transports from our Gaol. (nine in number) more particularly, as we are much over burthoned for the size of our Prisons, as we shall then be left with Fourteen Prisoners, with great probability of more coming in. independent of these Riots, we rarely have had so many at one time as eight.

Government having so readily relieved us in all this Business, I doubt not they would be equally so in giving an Order for their removal, upon application being made, that with the Interest and influence you have with them, we don't know any one so likely as yourself, and being upon the spot, to get it done for us. If you will have the goodness—

I have [etc]
F Bagge Chief Bailiff

P.T.O.

everything is properly arranged & ready for The Execution on Friday—

22nd June 1816: The Ely Chief Justice, Edward Christian, delivers a monologue at the end of the Special Commission

The Bury and Norwich Post of 3rd July 1816 carried the full text of the Ely Chief Justice, Edward Christian's long, self-aggrandizing monologue that he delivered at the end of the Special Commission on Saturday 22nd June 1816:

ELY COMMISSION.

After Mr. Justice Abbott and Mr. Justice Burrough had finished all the business in the Special Commission at Ely connected with the Riots, they took leave, in a very gracious manner, of Mr. Christian, the Chief Justice, who proceeded to try a poor boy of 13 years of age. He had taken a handkerchief with some money in it, from the basket of a little girl, who was sent upon an errand by her mother. He was found guilty by the Jury, and the Chief Justice then addressed the Court to the following effect:—

"Before I pronounce judgment upon this poor boy, found guilty of a trifling theft, I cannot but take this opportunity of observing to the Court, that he would have been the only prisoner we should have had for trial, if our calendar had not been filled with the recent commitments for crimes of enormous magnitude. I trust they have arisen from a transient and temporary cause, which has made a short progress into the heart of the isle: it includes a space nearly 40 miles square, containing a very numerous population. At several of my assizes I have not had a single prisoner to try, and have had the pleasure and triumph to come into the Court to charge, and at the same time to discharge the Grand Jury in white gloves, presented to me as the emblem of the innocence and purity of the Isle. Most of the unfortunate criminals, till the commission of these brutal outrages, have had the best characters, as peaceable and honest men.

“This induced one of the Learned Judges justly to observe, upon the evidence of character, ‘that former good characters ought to have less weight upon the present occasion, because the crimes we are called here to repress, have originated from some great impetus or impulse, bursting forth in a manner inconsistent with the general habits and characters of the people.’

“In my enquiries into the original cause or motive of these extraordinary crimes, I find certainly that they cannot be attributed to a spirit of disaffection to the Government prevailing in this Isle. Since I have had a knowledge of it, I have never heard that a seditious meeting, publication, or expression, has existed within that time, or ever did exist before my connection with it: all hitherto have coccurred in one sentiment of loyalty and reverence to the constitution of their country.

“The conduct of the rioters cannot be attributed to want or poverty; the prisoners were all robust men, in full health, strength, and vigour, who were receiving great wages; and any change in the price of provisions could only lessen that superfluity, which, I fear, they too frequently wasted in drunkenness.

“The great sums these deluded men levied by their shocking robberies, were not intended to afford assistance to their families; but were to be spent in liquor, and thus to be applied as fresh fuel to the flames of their fury.

“I have now had the honour of presiding here as the Chief Justice of the Isle for 16 years, and in the course of that long period, I have been called upon to pronounce judgment of death upon 16 prisoners only; four suffered the execution of their sentence, 10 were recommended to mercy by myself, and the other two, from the notoriety of their crime, would have suffered death, but by the recommendation and interference of others, they obtained from the Royal Clemency that lenity which was refused to them by myself.

“I trust I have convinced the inhabitants of this Isle, that upon my no occasion have I shrunk from a faithful discharge of my duty: they have frequently heard from this bench, that ill-timed and misplaced lenity is cruelty, and that just severity is mercy and tenderness.—All punishment of the guilty is intended for the security and protection of the innocent; and a well-measured degree of it, upon a just occasion, precludes the necessity of the infliction of it to a much greater extent in future, which the indiscreet indulgence to criminals would inevitably be found to demand.

“I most sincerely congratulate the Isle upon the great decorum, propriety, and dignity, with which every part of the solemn business of these Assizes has been conducted. Every one has been inspired with an ardent emulation to discharge his duty with fidelity upon this awful occasion. It was particularly pleasing to me to see the Judges every day escorted to and from the Court by a numerous body of independent gentleman, as civil officers, with white wands; among whom I recognized a gentleman of great property, who last year filled the office of High Sheriff for the counties of Cambridge and Huntingdon. Many of them I had not the pleasure of knowing, but all equally have deserved the thanks of Isle and of their country. Before I left London I thought it my duty to assure men high in office, that for the 16 years I had presided in this Isle, I had never met with a single finding of a Grand Jury, verdict of a Petit Jury, or a commitment by a Magistrate, which had not met with my perfect approbation. To these men of high rank, and to the Learned Judges with whom I had the honour to be associated in this commission, I pledged my confident belief that each of the Judges, upon their return to London, would be able to make the same declaration.

“I have not been disappointed—all ranks, the Chief Bailiff, the Deputy Bailiff, the Magistrates, the Grand Jury, the Petit Juries, the Constables, the Officers, and I may add, the Counsel of the Court, have not only deserved my applause, but have commanded the respect and admiration of the Learned Judges with whom I have the honour to sit upon this Bench.

“It was suggested to me in London (I trust from the best of motives, though the author of the suggestion has industriously concealed his name) that it would be more conducive to the great object of the commission, and would be more respectful in me, if I declined my rotation of duty, and left the trial of all the prisoners to them. I was of a far different opinion, and no power on earth would have compelled my compliance with a wish or suggestion which I conceived so degrading to myself, and so injurious to the administration of justice in this place. It would have amounted to a confession by myself, that the present misrule was owing to the incapacity of your Chief Justice, and that he was insufficient to try such offenders in future. The senior Judge in the commission, according to the established rule, began every morning, and I have followed the other Learned Judge every day, I trust with no impediment or detriment to the public interests. By this line of conduct I have convinced the people of this Isle, and his Majesty’s Judges, that if instances of such atrocious wickedness should ever again occur, I alone am prepared, and armed with sufficient power to inflict a punishment commensurate with the enormity of the guilt.—Here I think it my duty to declare, that the Learned Judges have treated me in particular, and every one with whom they have had communications, with a courtesy and kindness equalled only by the learning and abilities, and the dignity of their characters.

“But a great responsibility now rests upon myself the Magistrates of the Isle. Every Magistrate who had an opportunity of approaching this furious mob, has shown all the discretion, firmness, I may say heroism, that men could possibly possess, in endeavouring to restrain such violent outrages.

“The melancholy and lamentable scene just now exhibited in the Court—the solemn and impressive judgement pronounced upon 24 miserable and deluded men—the awful examples which must soon be made, will, I hope, for ever extinguish all attempts to excite insurrection and rebellion within this Isle.

“I am trusted with the high, transcendent, and extraordinary powers of holding an Assize whenever and as often as I please. If, therefore, gentleman, Magistrates of the Isle, you ever apprehend and commit to your gaols, prisoners for those crimes which are most likely to be repressed by a prompt execution of the laws, upon a few days notice I shall attend you here or at Wisbech; and with the co-operation of the intelligent and discriminating Juries, and the firm and steady Civil Officers of the Isle, I am confident we shall soon restore security and tranquillity to its inhabitants.

“The Gentleman of the Isle, who with so great honour to themselves, and benefit to the country, unite in their own persons the characters of the Magistrate and the Divine, I am sure will never fail to instil into the minds of all who hear them, that the great principles of all law, equity, and good government, are to be found in the sacred code of our religion.

“A Chief Justice of the Common Pleas, in the reign of Henry VI advanced from the Bench this great and incontrovertible truth, ‘that the Scriptures are the common law, upon which all other laws are founded.’ Let it then be the duty of all us, in our respective stations, to recommend, upon all occasions, the study of that law, where we find the duty of every good subject comprised in a few words, viz. ‘to fear God and to honour the King.’

“Prisoner at the bar,

“Your commitment and imprisonment, I hope, will have taught you this useful lesson—that honesty is the best policy, and dishonesty the worst: you will pay a fine of one shilling to the King, and then be discharged.”

The Magistrates then present, thanked the Chief Justice for his Address to the Court, and requested that he would permit it to be printed.

22nd June 1816: Prisoners receive their sentences at the final day of the Ely Special Commission

The Bury & Norwich Post's concluded their coverage of the Ely Special Commission (from the 26th June edition of the newspaper):

SATURDAY, June 22.

This morning, at nine o'clock, the Court re-assembled, when judgments of death was passed on the 24 prisoners capitally convicted.—Mr. Justice Abbott addressed them to the following effect:—"Prisoners at the bar, You stand here, 24 persons in number, a melancholy example to all who are here present, and to all your country, of the sad effects of indulging in those brutal and violent passions by which you all appear to have been actuated in the commission of the crimes of which you have been convicted. You seem to have thought, that by your own strength and your own threats, you should not only be able to oppress and intimidate your peaceable neighbours, but even to resist the strong arm of the law itself.—How vain that thought, your present situation shows. It was suggested abroad, that you had been induced to perpetrate these violent outrages by hard necessity and want; but after attending closely and strictly to the whole tenor of the evidence, which has occupied the attention of the Court for several days, there has not appeared in the condition, circumstances, or behaviour of any one of you, any reason to suppose that you were instigated by distress. By what motive, or under what mistaken advice or disposition, you began to act in the way that you did, is best and perhaps only known to God and your own consciences. The preservation not only of the good order and peace of society, the preservation of life itself, imperiously calls upon the Court to declare, that many of you must expect to undergo the full sentence of law. It is some consolation to the Court to be able to say, that in attending to and distinguishing the cases of each particular individual, we are found in many of them circumstances which will warrants us in giving to many of you a hope that your lives will be saved. The gentlemen of the jury have pointed out some of you to our attention, and in doing so they have acted with that merciful disposition and accurate discrimination which they have shown throughout the whole of your trials.—Such of you whose lives may, perhaps, be saved by the Crown (that power alone on earth who can save them) must not expect that you shall be dismissed from your offences without undergoing some severe punishment. Many of you must expect to be sent away for a greater or less portion of time, and a few even for the whole period of their lives, from that country whose peace they have thus disturbed, and which they have thus disgraced. Human justice, however it may be administered, as it always is in this country with mercy, requires that some of you should undergo the full sentence, in order that others may be deterred from following the example of your crimes. You William Beamiss, the elder, you George Crow, you John Dennis, you Isaac Harley, you Thomas South, the younger; that me exhort you to prepare for that sentence: let me entreat you to apply yourselves, during the short remainder of the time which can be allowed to you in this world, by prayer and penitence, to appease that Almighty power whom you have offended: address yourselves seriously and fervently to that Throne of Grace from which hereafter you may expect to find that mercy which cannot be extended to you here.—You William Beamiss, the elder, are a person whose condition in life ought to have taught you to restrain any unruly and turbulent disposition in your less enlightened neighbours, instead of becoming one of the most forward in the perpetration of those offences which placed your town for several days in a state of trepidation and alarm. You boasted, however, of your situation, and took with you your own son to be the partner of your crimes. Considering his youth, and the influence which your evil example may be supposed to have had upon him, he is placed among those who are recommended to the mercy of the Throne.—You George Crow were one of the number who, at a late hour of the night, broke into the dwelling-house of two peaceable individuals against whom you had no cause of offence. One of them, whose age and infirmities were entitled to protection and respect, was subjected to your violence and plunder: the other had the good fortune to escape fully by flying from you. Your offence, therefore, is not merely that of which you had been convicted; you came there, not with that intention alone, but to destroy the life of one person.—You John Dennis are also a person whose condition life might have taught you to restrain the wicked passions of others. You endeavoured, on your first appearance in this place, to represent to the Court, that you had been compelled by force to leave the place of your dwelling, and give your assistance in plundering the inhabitants of this city. The jury to whom this misrepresentation was referred, did even, on that occasion, repudiate the evidence: two other trials followed, and you were found standing forward as the leader of that lawless band which entered this city for the purpose of plunder and violence, and armed with a more dangerous weapon than the rest of your associates.—You Isaac Harley were the first person who assaulted the Reverend Minister of your parish at his own door: you stood first of that wicked assembly and demanded money of him; and having refused that moderate sum he offered, you enforced from him the delivery of his money by your own bodily strength, forced your way into his dwelling, and compelled him and his family to fly at that late hour for their lives.—You Thos. South, the younger, appear to have been one of the most active in those wicked transactions which took place in your town: you took from one of your neighbours the savings, perhaps, of many years; and then proceeded to another, and forced him to part with such sums as you and your lawless companions demanded. With a deadly weapon in your hand, you afterwards went to the house of an aged woman, and shook it over her head. In addition to these outrages, there are no less than four other cases in which the grand jury of your country have found bills of indictment against you.—You, then, the five whom I have addressed, let me again exhort you to apply yourselves by penitence and prayer, to obtain from Heaven the pardon of your crimes.—It now remains for me to pronounce on each and every one of you the awful sentence of death: and that sentence is, that you and each of you be taken from hence that the place from whence you came, and from thence to some place of execution, where you are to be hanged by the neck until you are dead. And as to you William Beamiss the elder, George Crow, John Dennis, Isaac Harley, and Thomas South the younger, apply to the God of mercy that he would have mercy on you."

During the whole of this awful sentence, the prisoners were deeply affected, and were taken from the bar in an agony of grief.

Joseph Lavender, who had been convicted of stealing some silver spoons, the property of the Rev. John Vachell, was then brought up, and prayed the benefit of Clergy, according to the statue.

Mr. Justice Abbott addressed the prisoner. He told him that he had been found guilty of stealing a part, altho’ a very small part, of the property of the Rev. John Vachell, which was carried away by a most violent and outrageous assembly. It had not appeared, however, that he was one of those who first broke into the house. Had that fact, or any thing leading to that conclusion, been proved against him, the Court would have been called upon to pronounce a sentence as severe as the case required. Considering, therefore, all that had been brought against him, and drawing a favourable conclusion, they sentenced him to be imprisoned in the gaol of Ely for 12 calendar months.

The prisoners who were allowed on Friday to enter into recognizances for their good behaviour, were then brought up and discharged.

The remainder of the prisoners being put to the bar, Mr. Gurney stated, that he was instructed on the part of the Crown not to prefer any prosecution against them. They were, therefore, immediately discharged by Proclamation. The Court then rose, and the Special Commission concluded.

Of the 24 prisoners capitally convicted, 5 were left for execution, viz.—Thomas South, jun. for stealing in the dwelling-houses of J. Dewey and R. Speechly; John Dennis, for stealing from the persons of Wm. Cooper, R. Edwards, and G. Stephens; Isaac Harley, jun. for stealing from the person of the Rev. John Vachell; Wm. Beamiss, sen. for stealing from the persons of H. Tansley and R. Cheeswright; and George Crow, for stealing in the dwelling-house of Rebecca Waddelow and Henry Martin.—They are to suffer at Littleport on Friday next, the 28th inst.

19 Reprieved; sentences mitigated as follow:

5 to be transported for life, viz.—Joseph Easy, for stealing in the dwelling-house of J. Dewey; A. Chevell, for the same offence, and also stealing from the person of Henry Tansley; Richard Jessop, for stealing in the dwelling-house of J. Dewey, and also from the person of W. Cooper; John Jefferson, for stealing from the persons of Wm. Cooper and Robt. Edwards; and James Newell, for stealing from the person of the Rev. John Vachell.

1 to be transported for 14 years, viz.—Richard Rutter, for stealing from the person of R. Edwards.

3 to be transported for 7 years, viz.—Mark Benton, for stealing in the dwelling-house of J. Dewey; John Easy and John Walker, for stealing from the dwelling-house of Rebecca Waddelow and H. Martin.

10 to be imprisoned 12 months in Ely Gaol, viz.—Wm. Dann and Robert Crabb, for stealing in the dwelling-house of R. Speechly; Aaron Layton, W. Atkins, Sarah Hobbs, John Pricke, John Cooper, Wm. Beamiss, jun. and Jas. Cammell, for stealing from the persons of H. R. Evans, Esq. W.Cooper, G. Stevens, and R. Cheesewright; and R. Butcher, for stealing from the dwelling-house of Rebecca Waddelow and Henry Martin.

The under- mentioned abstract is taken from the Calendar signed by the Judges, and left in the hands of the Chief Bailiff of the Isle of Ely:

24 Condemned, 5 of whom left for Execution, and the sentences of 19 mitigated, as above stated.

1 Convicted of Larceny. 

5 Acquitted.

10 Discharged by Proclamation.

36 On Bail for good behaviour.

Total 76.

It is a remarkable circumstance, that every bill sent to the Grand Jury was returned true.

Fifty of the principal inhabitants of Ely regularly attended the Judges as an escort during their stay there, and accompanied them a short distance out of town on Saturday afternoon.

21st June 1816: Henry Hobhouse writes his final letter from Ely Special Commission

Shire Hall
Ely
June 21.1816.

Dear Beckett

We have brought the Session to a most satisfactory Conclusion.

Being of opinion that Justice had been satisfied, we determined to adopt the same course as at York. Gurney addressed the Court in an extremely neat appropriate & touching Speech, explaining the Grounds on which the Crown was acting, & Mr Justice Abbott exhorted the Prisoners to improve the Lenity, which had been shewn to them, to their own Advantage & the public Peace.

The Court is now about to adjourn till tomorrow for the purpose of taking Bail of the Prisoners, who are discharged, for their appearance when required, & for their good Behaviour in the Interim.

There are 24 capital Convictions, & one for Grand Larceny. If there is time before the Post goes out, I  will send you a Calendar with the general Result.

We this morning convicted 4 of the Felony at Rob. Waddelow’s, on which our Failure took place at the outset of the Session.

I write in great Haste—
Bolland is also writing—

Yrs truly
H. Hobhouse

21st June 1816: William Bolland writes his final letter from Ely Special Commission

Dear Beckett.

Since I wrote yesterday James Camell & Wm: Beamiss the Elder have been convicted of Robbery, & John Easy, Robert Butcher, George Crow, & John Walker of Stealing above 40 [shillings] in a dwelling House (Waddelow’s) making in all 24 capital convictions and one for Larceny. We have here thought right to pause and all the other prisoners 39 in number are at this moment at the Bar and Gurney is in the Act of rising to state our intentions to the Court of writ at [present] putting them on their Trials; but of holding by recognizance each of them bound to appear at any future Assizes if called upon by the Crown.

Gurney has just finished I may truly say a most excellent address. Abbott is now speaking to the Prisoners.

Abbott has ended, and his address was well calculated to produce upon the minds of the Prisoners the best effects.—

The form of our recognizance is the form as was useful in York.

Sentence will be passed tomorrow.—

Thus is our duty as Counsel for the Crown finished and I hope we have performed it in a manner that will meet the approbation of those, who considered us worthy of so important, and confidential a trust.

I have just requested Mr. Gurney to write out his brother’s Speech and if he can finish it in time I will enclose it.

We mean to reach London tomorrow night. I will call upon you on Saturday morning – as I find by Hobhouse's letter of this morning that his account & mine differ I have given you below an accurate list

[List of prisoners and results]

Altho I have classed the offences under the general head of Robbery they are to be divided into Robberies on the Highway and in the dwelling House. The list certainly comprehends all the worst offenders, and there are some in it who may be entitled to favourable Consideration.—

I have procured the Speech.

In haste
Very Sincerely
W. Bolland
Ely June 21. 1816.—

[Gurney's speech:]

My Lords My learned Friend and myself have had informed upon us a very painful but a very important duty that of presenting to the consideration of your Lordship and the Jury those lamentable Cases of outrage and of plunder which have occupied this Court for several days last past

My Lord there now stand at the Bar nineteen prisoners charged with capital offences—four who are charged with Larcenies and two who are charged with assaults with intent to rob—In the transactions which have been the Subject of your Lordship’s consideration there were I fear not fewer than three hundred persons engaged—of those about eighty were committed for trial and we have preferred Indictments against about seventy and in every instance the commitment of the Magistrate has been justified by the finding of the Grand Jury

It is been the anxious wish of His Majesty's Government not to call for justice in more instances than there was absolutely versus necessity and my very learned Friends and myself have been invested with a discretion to pause whenever we thought a sufficient number of instances of the various kinds of cases had been brought under the [consideration] of the Court and the Verdict of a Jury pronounced upon my them

My Lords we have been anxiously looking for the limit to our very painful labors and to those of your Lordship and the Jury and we trust that in pausing here we have not been inattentive to the interests of the public on the one hand or on the other to the claims of humanity—With your Lordships permission we shall consent that as to the Prisoners who now stand at the Bar they shall not be put upon their Trial—that they shall be enlarged upon such small security as they may be able to give for the their appearance at a future time if they [should] be called upon by the Crown to appear understanding that if they make the proper return to the lenity of the Crown by their future good conduct they will not be called upon to answer with their lives as their associates have been for the crimes with which they stand charged—we trust my Lords that enough has been done in this case to reach the Inhabitants of the Isle the necessity as well as the propriety of obedience to the laws and respect for the peace of the Country and for the property of Individuals—We trust that if such excesses as these should again occur well disposed infinitely the larger part of the Inhabitants will see that it is as much their interest as it is their duty instantly to associate and to put down any riotous assemblages as they now find that they acquire encouragement and strength from compliance and submission and that they are then led on to greater excesses and to greater crimes—My Lord I hope too enough has been done to teach those who are not to be taught but by such awful lessons as have been read here of the danger of mixing in such transactions as they find that mixing with a mob at first perhaps intending only a violation of the peace they are led on to the commission of the blackest crimes and that those crimes inevitably lead to destruction

My Lords I have thought it necessary to say these few words in the present stage of this business and I trust that we shall never have occasion to repeat the having shewn clemency to the unhappy misguided men who now stand at the Bar—

21st June: Day 5 of the Ely Special Commission

The Bury & Norwich Post's coverage of the Ely Special Commission continued (from the 26th June edition of the newspaper):

FRIDAY, June 21.

John Easy, John Walker, George Crowe, Richard Nicholson, William Jefferson, Wyburn Wilson, and Robert Butcher, were placed at the bar, and arraigned for having on the night of 22d of May last in the parish of Littleport, feloniously stolen various articles of grocery and drapery, together with three promissory notes of the value of one pound each, from the dwelling-house Rebecca Waddelow and others.

Mr. Gurney, as leading counsel for the prosecution, addressed the jury for the purpose of reminding them that the prisoners were the same persons who had just been put upon their trial, as charged with having committed the crime of burglary, and in whose favour a verdict of acquittal had been necessarily given, in consequence of an error in the frame of the indictment, which described the house in question to be the property of Rebecca Waddelow, whereas it appeared by Mr. Martin's evidence, that it was the joint property of her and of Mr. Martin.—It was the same case to which he had now to direct their attention, but presented in a new form; and to prevent any possibility of mistake, three different counts were introduced, charging it to be the property of Mr. Martin and of Mrs. Waddelow, and the joint property of both. In the charges, as originally framed, other persons were included; but as they have been convicted of other capital crimes, it has been deemed advisable to dissembarrass the present prosecution as far as they were concerned.

The witnesses were then examined, and the cause occupied a great portion of the day; but as the evidence very little from what was given on the former trial, it is unnecessary to enter into a more minute detail.

The jury, after five minutes’ consideration, found a verdict of guilty against Easy, Walker, Butcher, and Crowe, and acquitted Nicholson, Wilson, & Jefferson.

Henry Benson, a considerable farmer, who was out on bail, was then put to the bar, and indicted for exciting and instigating divers person to commit riot in the town of Ely. The court ordered him to find surety for himself in 400l. and two others in 200l. each, to appear for trial at the assizes.

Richard Cooper, the elder, and Richard Cooper, the younger, were also bound in recognizances to appear at the next assizes, in order to take their trial for riotous conduct in the town of Ely.

William Beamiss, the elder, William Beamiss, the younger, were then put to the bar, and indicted for having, on Wednesday the 22d day of May last, felonious assaulted Robert Cheesewright, the younger of Littleport, in the Isle of Ely, and put him in bodily fear, and with having taken from his person a bankers cash note of the value of 1l. The indictment contained two other counts, charging the prisoners with an assault on Robert Cheesewright, the elder, and with having feloniously taken the said note from him.

Mr. Gurney addressed the jury.—It had been impossible to consider the several cases which had come under their consideration without very melancholy [emotions]; but none could be more afflicting than to see father and son standing indicted together for a robbery. They had both engaged in the riot in the town of Little port, which produced so many excesses. The note in question was demanded by Beamiss the son, and taken by his father.

The prisoner Beamiss, the elder, in his defence said, that he did not recollect taking any money from Mr. Cheesewright.—The other prisoner made no defence.

Several witnesses gave them a good character, and when Mr. Justice Burrough shortly addressed the jury who immediately returned a verdict of guilty against both.

After this, 24 prisoners were several put before the bar, 19 of them charged with capital felonies, and five others with larcenies, when Mr. Gurney interposed on behalf of the Crown, and said he should consent to [the] discharge of all other prisoners upon slight securities, with an understanding that they should not be called upon in future, if their good behaviour entitled them to such indulgence; and he trusted they would be found worthy of the clemency of the Government.—Enough, he hoped, had been done to teach the inhabitants of this isle the necessity of obedience to the laws, and of respect for the peace and property of their neighbours. They will find, that if unlawful assemblies should ever again spring up, it will be so much their interest as it is their duty to associate and put them down, since patience and indulgence only encourage greater crimes.

Several other prisoners entered into recognizances in Court, and they were about to retire, when Mr. Justice Abbott desired to make one other observation to them. He exhorted them, on their return to their houses, to avoid all excess of liquor, and not to drink and tipple at public-houses. Such practices were most pernicious to themselves, and injurious to their families [illegible] appeared that these transactions had arisen from [illegible] issuing out of a public-house: this was the origin of the present mischiefs, and others of the like nature. He cautioned them, therefore, to avoid such meetings [illegible] such conduct for the future.—

20th June 1816: Henry Hobhouse summarises day 4 of the Ely Special Commission

Shire Hall
Ely
June 20. 1816.

Dear Sir,

After I dispatched my Letter yesterday, we convicted of a Robbery the Prisoner, who has been previously acquitted (as I stated to you) by the Kindness of his Dulcinea of a transportable offence.

Today we have tried an Indictment against 9 Prisoners for Robbery of a Shopkeeper in this Town, & the Jury convicted 8 of the 9.

This makes the present Catalogue of Prisoners finally disposed of as follows. There have been other Acquittals of Prisoners, against whom there are other Charges yet untried.

Atkins, Wm.}
Beamiss, Wm Junr.}
Benton, Mark} capitally convicted
Butcher, Christn. Acquitted—

Chevll, Aaron.}
Cooper, John}
Crabb, Robt.}
Dann, Wm.} capitally convicted—

Dennis, John — [capitally convicted] twice.

Easy, Joseph — capitally convicted.

Freeman, John}
Gaultrip, John} Acquitted—

Hardy, Isaac}
Hobbs, Sarah} capitally convicted—

Jefferson, John}
Jessop, Richd.} [capitally convicted] twice—

Lavender, Joseph — convicted of G. Larceny.
Layton, Aaron capitally convicted.

Newell, Jas.}
Prieke, John}
Rutter, Richd.} [capitally convicted]
South, Thos. [capitalIy convicted] twice—
Stubbard, Joseph—Acquitted—

We are now trying an Indictment for Stevens’s Robbery [against] four Prisoners, already convicted, & two others. This will probably occupy the rest of the day. If it should not, we must select for the [Professor] a case of small dimensions, free (as far as human Foresight can reach) of Difficulty of an Alibi.

I think it is hardly likely that the Business will be finished by Saturday Night.

We were let down so easily on the first Indictment, that you may be assured we incurred no Disgrace. A new Indictment has been found against all the Prisoners included in the first, except those who have been since convicted of other Crimes, and will probably be tried tomorrow morning.

I have not been inattentive to Ld. Sidmouth’s Wish to inform himself of the origin of the Disturbances, & I will continue to collect as much Information as possible on that Point.

I am sorry to hear that a Threshing Machine was burnt yesterday near Mildenhall.

I am Yrs. truly
H. Hobhouse

20th June 1816: William Bolland writes from the trials at Ely Special Commission

William Atkin}

Aaron Layton}

a second time John Dennis}

Sarah Hobbs}

John Prieke}

John Cooper}

a second time Richard Jessop}

a second time John Jefferson} Robbery at Ely on William Cooper.

Dear Beckett.

I write in Court, it is now ½ p 2. We have just convicted the above 8 men, William Beamiss was found guilty of Robbery yesterday after I had closed my letter.—We have 6 others under Trial for the Robbery of Stevens, 4 of them. Viz. Dennis, Layton Atkin and Jefferson, are already convicted. I will report the result to you provided the Verdict is brought in before 5 o'clock. The total of Capital convicts is now 18. We have some few Littleport capital offences still to try. I think we shall finish them tomorrow we shall then take a Larceny or two of bad description, and one or two Indictments for Riot.—Burrough is now summing up.

It appears to me that we shall finish on Saturday time enough perhaps to reach Cambridge.—Littleport is panic struck & the events of today will strike terror into the bad part of the Inhabitants of this place A threshingmachine was burnt at Worlington on Tuesday night, It is in Suffolk about 12 miles from hence. The crime was committed by some incendiary, who was probably alone at the time, as there was no ferment in the place. It appears from the Evidence in the different Cases that so far from distress being the cause of the riots & demands of money, the leaders of the Mob have been [purport] above want & the Money obtained instead of being divided or given to the families of the poorer sort of the persons composing the Mob, has been [distributed] at public houses very soon after it was obtained from the persons, who had been robbed of it, at least that portion of it which the Leaders did not put into their own pockets.

The Jury are out and not likely to return their Verdict on time,

In haste

Very truly

W. Bolland

Ely June 20th. 1816.

20th June: Day 4 of the Ely Special Commission

The Bury & Norwich Post's coverage of the Ely Special Commission continued (from the 26th June edition of the newspaper):

THURSDAY, June 20.

William Beamiss the younger, and Joseph Lavender, stood indicted for having, on Wednesday the 22d May last, feloniously stolen and carried away from the dwelling-house of the Rev. J. Vachell, at Littleport, in the Isle of Ely, several silver spoons, of the value of 40s. his property; and Christopher Butcher having received the same, knowing them to be stolen.

Elizabeth Carter was called; she was the servant of Mr. Waddelow, of Littleport, who sent her about 11 on the night of the 22d May to Mr. Vachell’s, to preserve what she could and carry it to him. When she got to the house, she found the people rioting; many were in the store-room. She saw Beamiss and Lavender there. Beamiss took five table spoons, which she supposed to be silver, off the shelf. Lavender was putting two gravy spoons into his pocket; and had a basket in his hand.

The Rev. Mr. Vaschell said he had no spoons in his house which were not silver. He had two silver gravy spoons, but could not tell the value of them.

Christopher Crabb said his master had four silver gravy spoons, a pair of them were lost that night.

Mr. Justice Burrough having summed up the evidence, the Jury returned the following verdict: Beamiss, Not Guilty; Lavender, guilty of stealing only, by which the capital offence was done away; Butcher, Not Guilty.

John Gaultrip was arrainged for having feloniously stolen and carried away from the house of the Rev. John Vaschell, two large silver spoons, his property.—The jury acquitted the prisoner, he having proved an alibi.

William Bemiss, the younger, was next indicted for highway robbery on Hugh Robert Evans, Esq. of Ely, on the 22d May last, at Littleport, and for having taken 14s. in silver from him.

Mr. Evans said he was coming through Littleport with Mr. Martin about 10 o'clock; when the mob came up to both doors of the chaise, opened them, and demanded a 1l. note. There were 20 persons on the sides, and just behind the chaise: some of them had sticks. He gave them about 14s.; one half to the persons on one side and the other half of those on the other side, being that was all he had. He parted with the money under an apprehension of violence.

Mr. Hunt called three witnesses to the character of the prisoner: they all stated they had known him from a child, and that he had been always peaceable, [illegible] and industrious; and he was by trade a shoemaker.—The prisoner, being called upon for his defence, said he opened the chaise door, but did not take any money.

Mr. Justice Abbott addressed the jury. On the evidence of Mr. Evans, it had been clearly proved that a robbery was committed by some person; the only question was, whether Beamiss was one of them come. The prisoner himself had acknowledged that he opened the door, but did not take the money. This however, was perfectly immaterial, as he was one of those who stopped the chaise.—The Jury returned a verdict of Guilty.

John Dennis, Richard Jessop, William Atkin, Aaron Layton, Sarah Hobbs, John Pricke, John Cooper, John Freeman, John Jefferson, were indicted for [rioting] on Thursday the 23d May last, put W. Cooper, in Ely, shopkeeper, in bodily fear, and feloniously stolen from him several books and canisters, and 10l. in notes.

Mr. Gurney addressed the Jury.—He said every one of the prisoners took an active part, but Dennis was the ringleader. He struck at the window [obscure] with a gun which he had in his hand, and received part of the money for the Littleport rioters; Atkins and Layton took the other part for the Ely men. When the [object] was effected, Dennis held up his gun as a signal, which the mob obeyed. The Learned Counsel mentioned that because Dennis had stated yesterday that he was forced to join the mob: but it must appear that he was afterwards very active. This was the only case in which a woman was indicted: but it was not the only case in which women have been guilty of great violence, and they must not understand, that they could engage in things of this kind without being responsible for the consequences. She was the wife of a soldier, and had been very active in persuading the mob to go to Mr. Cooper's, saying, he was a bigger rogue than Rickwood; and she assisted in breaking the windows of the house.

Wm. Cooper examined—Kept a shop at Ely and dealt in flour and grocery; hearing that a mob was coming to his house, he withdrew from fear of violence, leaving a Mr. Watts in it to do as well as a he could with them. He was absent about ten minutes and could not see what was passing. On the return, he saw a large assemblage of people before his house; they were near 500—.He went in by the back room; they were then very [illegible] but all the windows were broken. When they saw him, some called out, "five pounds, five pounds!" he had [illegible] 1l. notes, which he gave to the Rev. Mr. Metcalfe, who was outside of the house against the window. Mr Watts had sent him a message, that they would have ten pounds or pull the house down. He gave the money to Mr. Metcalfe to hand to the mob, for fear of his house being pulled down. He had no other fear at that time; they did not seem to have any design against his person. When Mr. Metcalfe had given the money, Layton and Atkin said, the Littleport people had got that, and the Ely people had a right to have as much. He then got 5l. more [in] notes, and handed them to Mr. Metcalfe, to give to the Ely people. The men then gave three huzzas, and went away.

The Rev. Mr. Metcalfe and the Rev. Mr. Law, (magistrates who exerted themselves to appease the mob) with Messrs. Spooner, Hutlock, Apsey, and several other witnesses, corroborated Mr. Cooper's evidence.

Mr. Justice Abbott charged the Jury at great length upon the evidence, as it applied to each of the prisoners, and the Jury, after retiring about a quarter of an hour, brought in a verdict of Guilty, against the prisoners, with the exception of Freeman whom they acquitted.

Dennis, Jefferson, Atkin and Layton, with James Camel and John Walker, were then tried upon another indictment, charging them with a robbery and stealing 10l. from the person of Geo. Stevens, Miller, [illegible]

The Jury pronounced a verdict of Guilty against four of the prisoners, viz. Dennis, Layton, Atkin and Cammel.—Jefferson and Walker, Not Guilty.

Aaron Chevill and William Beamiss were also capitally convicted of stealing from the person of Henry Tansley, by putting him in fear, two 1l. notes.

19th June 1816: Henry Hobhouse summarises Day 3 of the Ely Special Commission

Shire Hall
Ely
June 19. 1816.

Dear Sir,

After I wrote yesterday, four Prisoners were tried for a Robbery on Mr. Vachell, all four were clearly proved Guilty, but the circumstances of Aggravation were greater against two than against the other two, and the Jury in their Discretion thought fit to acquit the two former.

Upon the whole of yesterday there were nine capital Convictions.

This day we began with an Indictment for robbing Robt. Edwards of this place of £50, which was clearly proved against five Prisoners, but the Jury only convicted three.

We intended to proceed with the Trial of the other Offences at Ely, but the last mentioned Indictment not having concluded until near three o'Clock, it was thought best to take some shorter Cases.

Mr. Justice Burrough tried an Indictment against two Principals and one Accessory for stealing Spoons at Mr. Vachell’s. One of the Principals was convicted, but the two others were acquitted by the Evidence of a Girl, whom we called as a Witness, and who proved to be a Sweet heart of the Prisoner.

The next case was not unfortunately tried before the Chief Justice. The Indictment was for Larceny at Mr. Vachell’s, & the Prisoner set up an Alibi, with which the Judge did not in the least know how to deal, and the summing up was such, that no one could be surprized at the Verdict of Acquittal.

I am
Dr Sir
Yr obed Servt
H. Hobhouse

19th June 1816: WIlliam Bolland sends an update from the Ely Special Commission

John Jefferson}
John Dennis}
Richard Rutter} Robbery on Edwards of the Ely Bank.—

Dear Beckett.

The Case of the above named Prisoners has lasted till this hour, 3 O'clock. The Jury acquitted Flanders Hopkins & James Cammell, who were indicted with them. All goes well; our Judges are excellent; all around is tranquil, and it is evident already that the Commission has produced the best effects—I will leave open the letter as long as I can to inform you of this the results of the other trials of today.—

Nothing more has taken place worth notice. The post is going

Very truly

W. Bolland

Ely June 19. 1816.—

19th June 1816: Day 3 of the Ely Special Commission

The Bury & Norwich Post continued their coverage of the Ely Special Commission:

WEDNESDAY, June 19.

John Dennis, F. Hopkins, James Cammell, John Jefferson, and Richard Rutter were put to the bar, and indicted for stealing from the dwelling house of Robert Edwards, of Ely, the sum of 50l. in bankers’ cash notes.

Mr. Gurney requested the serious attention of the jury to this case, and after stating the facts afterwards proved in evidence, called the following witnesses;:

Margaret Rickwood said her husband was a miller, resident in the town of Ely. She saw the mob at her door between eight and nine o'clock on the morning of the 23d. Dennis was among eight or nine others who came into the house. He had a gun in his hand, which she was positive had a lock to it; others carried stable-forks and bludgeons. They asked for her husband, who was not at home. She told them she did not know where he was, and inquired what was their wish. Somebody replied, they must have 50l. or the house and mill would come down immediately. She said, "My good men, you shall have it, but don't break destroy any thing." She desired her son to go to Mr. Edwards’s, and get 50l. from his bank immediately. Before his return, Dennis said, he could not quell the mob if the money was not forthcoming, and she then heard two or three of the windows crack on the outside. She exclaimed, "You shall have the money for I see I am going to ruin." She went up Broad-street with them to the bank, but seeing the mob demolishing her windows, said, she would go no further, unless they were restrained from doing further mischief. Some them brought them away, saying, "Come along, we are going for the money." On her way, she met Mr. Edwards to whom she communicated her purpose. He desired her to take his arm, said, if there were a thousand of them they should not have a penny. She begged him to let them have the money, as it was impossible to pacify them otherwise, when a person whom she did not know struck Mr. Edwards on the head, and the blood followed. Mr. Edwards afterwards observed, that if the money must be paid, they must send three persons into the house to receive it; and the three were, Dennis, Hopkins, & Sanderson, (last not in custody.)

Robert Edwards stated that he was chief constable of Ely, and agent there for Messrs. Mortlock and Son, bankers, of Cambridge. The mob arrived at Ely between 5 and 6 o'clock in the morning of the 23d. their numbers might amount to about 200, they came from the Littleport road. Most of them were armed either with guns, bludgeons, or stable forks. They brought with them a waggon drawn by two horses, and mounted with large fowlers’ guns, which projected forwards, and commanded the street. They were assembled in the market-place, when the younger Rickwood came to him with a message from his mother. He took his staff, and proceeded towards the house. Having met them, he asked them what authority they had to demand 50l. This question was answered with a general cry of "we will have it," and he was immediately struck on the head by some person with a bludgeon. Finding himself likely to be assailed by others, he went back, and the mob followed him, shouting all the way. He placed his back against the door of his house, resolved at that time that they should not enter, and desired his family to remain within. They drew round him, and he received a second blow; when, conceiving himself to be imminent danger of his life, he thought it necessary to submit, and he desired that three of them would come in and receive the money for the rest. Dennis exclaimed "I'll go for Littleport." He considered, however, that Dennis was of service to him in preventing the mob from doing him any injury, and he observed in general that he made great exertions to restrain them. One very turbulent person in particular was repressed by him from the commission of mischief. He heard the prisoner Hopkins say he would take for Downham, and Sanderson for Ely. They came into his shop; when he told them that they have made a very improper demand, and before he gave them the money he must have their names. There was a fourth person present, and Dennis mentioned the name either of Wilson or Burridge, but not his own. He then gave to each of the remaining three 16 one pound notes and 13s. and, holding the remaining shilling in his hand, he asked who was to receive that. They said it must be equally divided, and he accordingly gave them each a groat in copper. The mob then quitted the place peaceably. He gave the money not only at the express desire of Mrs. Rickwood, but from fear for his own person and property. He was agent to Messrs. Mortlock, to whom he was responsible.

The Rev. G. Miller observed the prisoner Jefferson very active among the rioters at Mr. Edwards’s house, and crying "go it, go it." The mob after receiving the money, at which the witness was present, went away.

The Rev. Mr. Metcalfe, a magistrate of Ely, stated that he went out to meet the mob, and met them about three-quarters of a mile from the town. They brought with them a waggon, upon which were mounted several guns with their muzzles projected. He desired to know what was the reason of this disorderly conduct, and they replied they came for redress from the magistrates. He told them that their complaint should be examined by the overseers, if they conducted themselves peaceably. They said they did not come to hurt any body. He was not certain that Cammell was among them.

Wm. Marshall saw the rioters enter the town, and all the five prisoners among them. He remonstrated, when Rutter said 2s. a day would not do; they must also have beer at 2d. a pint.

The Rev. Mr. Law, a magistrate of Ely, saw Jefferson and Rutter among the mob. He entreated Rutter to go home, which he refused to do, and said he might as well be hanged than starve. They might, if they pleased, hang him up on the next thorn-bush.

Mary Howe was in the service of the prisoner Dennis. She recollected the mob coming to her master's house on the night of the 22d, and asking for bullets. They came armed three times, and said Dennis must go with them. Under cross-examination she said her master was in bed when they came, and that he went with them reluctantly. They said they would shoot him if he did not go.

The prisoner Dennis, in his defence gave a recital of the circumstances in the evidence, for the purpose of showing that he had acted under constraint.

Mr. Hunt submitted, that the capital part of the charge could not be maintained, as no legal property had been proved to vest in Edwards. The Court reserved the objection, but considered in the mean time that their case ought to be submitted to the jury.

Mr. Justice Abbott recapitulated the evidence to the jury, and observed, that if they should be of opinion that Mr. Edwards was induced to part with the money from the violence actually used towards him, and from the fear of greater violence, it was not material whether it was the money of Rickwood, or of the bankers, or of Mr. Edwards; he was the person in possession of the property, and in point of law the prisoners could not say it was not his property, but that of another. The indictment, however, was so framed, as to meet the case in every view. Dennis, in his defence, had said, that he was not a free and voluntary agent, but took part with the mob from fear of violence; but it was incumbent on a person to show most clearly and satisfactorily, not merely that he was in the outset forced to join an unlawful assembly, but that he continued in it only so long as that force was upon him. They would judge from the evidence, whether the prisoner had made out a case of that nature. Several witnesses had been called to his character; but it was proper to observe, that however peaceable he might have been at Littleport the night before, he must be answerable for his conduct on the day laid in the indictment. As to character, it could not have any weight with the verdict of a jury, if his guilt was clearly established. With regard to Hopkins, if they thought that his real object was to afford Mrs. Rickwood protection, they would acquit him, and if they doubted that statement, they would give him the benefit of good character which he had received. It was not material whether Cammell, Jefferson, or Rutter came in with the mob or not, if they took part with them after.

The jury deliberated for some time, and then returned the following verdict:—Dennis, Guilty; Hopkins, Not Guilty; Cammell, Not Guilty; Jefferson, Guilty; Rutter, Guilty.

19th June 1816: Henry Hobhouse writes an early letter from the Special Commission

Ely
Wednesday morng

Dear Beckett,

I wrote you a short Letter yesterday in Court, stating merely our Progress, & had not time for more. I am happy to tell you that the Trial before Christian well off very well. His summing up was unexceptionable except that it was too [illegible] and too pompous. I hear that the Language he uses to his Confidants here is that he has been most ill used by the Chancellor, but I do not find that he has suggested in what way he would have had the Commission framed more respectfully towards himself. For the sake of giving daily Proofs of this Absurdity, he refuses to come into Court in the Bishops Carriage with the other Judges, & follows them alone in some Vehicle of his own Purveyance.

I am happy to learn that the Convictions of yesterday have had a very salutary Effect on the minds of the People at Littleport, which were previously very much subdued; and I trust there is no doubt that the general Result of the Commission will entirely bring about the Effect which it was the object of Government to produce.

Having heard that Mr. Dering, the Norfolk magistrate, was a friend of Mr. Justice Abbott, I took an Opportunity yesterday afternoon of speaking to him on the subject of Mr D’s recent malverisation. He told me that he had known Mr. D. from his Boyhood, & was satisfied of his being a most honourable & right intentioned man, & with Firmness sufficient to execute at any Risque any thing which he conceived to be his Duty, but not unlikely to err in a case where he has not a strong Conception of the Line which it is incumbent time to pursue. I have thought it right to state this Testimony in Mr. D’s favour for Ld. Sidmouth’s Consideration, when he finally determines on this Subject.

I have sent for the magistrate’s Clerk from Downham for the purpose of getting Information respecting the Prisoners committed from thence.

Before the Post goes out to day I will write again.

Believe me

Yrs truly
H.Hobhouse

18th June 1816: The Treasury Solicitor, Henry Hobhouse, writes from Ely Special Commission

Shire Hall
Ely
June 18. 1816

Dear Sir,

I send you the Shorthand writers Note of Mr. Justice Abbott’s Charge the Grand Jury yesterday.

The first Indictment selected for Trial was one against [the] Prisoners for Burglary at the House of Rebecca Waddelow at Littleport, in which we made a complete case against all the Gang, but the last Witness unfortunately moved that he had a joint Property in the dwelling house (which was quite unexpected), and upon this Point arising the Case was withdrawn for the purpose of preferring a new Indictment, & the Prisoners were of course acquitted on that before the Court.

We have since tried two Indictments, the first before Mr. Justice Burrough against 7 Prisoners for breaking the House of J. Dewey at Littleport, of whom 5 were convicted, & the other two acquitted by Consent, the Evidence coming out with less force against them than was expected: the second before Mr. Chief Justice Christian against one who had before been convicted, & two others, for breaking Speechley’s House at Littleport. All 3 were [found] guilty

We shall fill up the day with other Littleport Cases, & tomorrow proceed with those at Ely.

I would have written yesterday, but I had nothing to say but what you have ere this heard more satisfactorily from Sir John Byng.

I am
Yrs truly
H. Hobhouse

18th June 1816: The prosecution solicitor, William Bolland, writes a hasty letter from Ely Special Commission

Thomas South}  Robbery
William Dann}  Robbery
Robert Crabb.} Robbery
Aaron Chevell }
Richard Jessop}
Joseph Easey}
Mark Benton}
2d: [Indictment] Thomas South} Stealing to the value of 40 [shillings] in the dwellingH

Dear Beckett.

I have only a moment to say that the above Prisoners  are capitally convicted. You will be able by referring to the Calendar I sent to know their offences more particularly We have now just begun Vachell’s robbery. Hobhouse will put into the Cover Mr: [Justice] Abbott’s Charge

In haste
Very truly
W. Bolland

Ely—4 O'clock—
June 18. 1816.

18th June 1816: Day 2 of the Ely Special Commission

The Bury & Norwich Post's coverage of the Ely Special Commission continued (from the 26th June edition of the newspaper):

TUESDAY, June 18.

This morning, at nine o'clock, the Court reassembled, where John Easey, Joseph Easey, Richard Jessop, T. South the younger, John Walker, Mark Benton, Robert Butcher, George Crow, Isaac Harley, Richard Nicholas, Wilson Wyebrow, and William Jefferson, were indicted for having on Wednesday the 22d day of May last, burglariously broken open and entered the dwelling-house of Rebecca Waddelow, of Littleport, in the Isle of Ely, shopkeeper, and feloniously stolen and carried away therefrom one hat and five shirts, the property of Harry Martin, of Littleport, aforesaid, farmer, and divers articles of grocery and drapery looks, together with 3l. and three promissory notes, the property the said R. Waddelow.

The Jury having been sworn, Mr. Gurney opened the proceedings on the part of the Crown.

Some farming servants of Mr. Martin, who on hearing of the attack had gone to Mrs. Waddelow's house, where their master resided, proved the forcible entry of the premises, and many acts of violence and plunder. The mob seemed particularly inverterate against Mr. Martin, whom Mr. Gurney stated to be a respectable farmer, but become obnoxious to the rioters for his conduct in transacting parish affairs. Hearing their approach, Mr. Martin escaped from the back of the house, which was fortunate, as they threatened his life.

After much evidence had been gone through, a conference took place among the Judges, and Mr. Justice Abbott told the Jury there was a mistake in the framing of this indictment, which would lead to the acquittal of all the prisoners, as far as their lives are concerned, in consequence of the description of the property given by the last witness; and though it was open to the counsel for the Crown to proceed to the minor felony, he understood from them that they would not press it, and therefore all prisoners must be acquitted—The Jury accordingly returned a verdict of—Not Guilty.

Aaron Chevill, Richard Jessop, Jos. Easey, Thomas South the younger, Mark Benton, Wm. Dann, and Francis Torrington, were then indicted for having, on the night of the 22d May last, burglariously broken upon open and entered the dwelling-house of Josiah Dewey, in the town of Littleport, and for having stolen and carried away therefrom 100 guineas in gold, and divers articles of furniture and wearing apparel; and with having assaulted and put in bodily fear the said Joseph Dewey, in his dwelling-house, taking from this person a 1l. bankers note.

Mr. Gurney, having described the case on the part of the Crown, called the following witnesses.

Joseph Dewey deposed, that he was a retired farmer, residing a Littleport; that he was 68 years of age, and that his wife was upwards of 70. He saw the mob on the 22d approach his house at eight o'clock in the evening. They were armed with bludgeons, but he saw no guns. Their conduct was extremely riotous and violent. Chevill was the first who demanded money; and, on the mob breaking in, he exclaimed, "go it." Joseph Easey and Richard Jessop assaulted and knocked down both him and his wife, uttering various imprecations against them. A bureau was broken open, and he afterwards missed from them two bags, containing 100 guineas. The drawers were thrown about the floor, and Dann was seen with a bundle of linen, which, however, he restored to Mrs. Dewey. He could not say that he himself saw either Dann or Torrington in the house. On his cross-examination he admitted, that in a conversation among his neighbours, subsequent to the transaction, he had expressed his belief that one Pattison took the money; but he had not seen him in the house, and formed his belief only upon the representations of others.

Martha Dewey, the grand-daughter of the last witness, stated that she was at his house on the night in question, and saw Torrington in the house.

Thomas Dewey saw  a mob proceeding from the house of Josiah Dewey about half-past eight o'clock, and heard one of them exclaim "we have got the money." It was not so dark as to prevent his distinguishing the faces of the individuals.

Mr. Justice Burrough observed, that there was no sufficient evidence to prove that Torrington had been guilty of any offence. The charge of burglary laid in the indictment could not be substantiated, because it did not appear to have been dark when the breaking in was affected; but by the course of law the prisoners might be convicted of the capital felony in stealing from a dwelling-house. The evidence not be sufficient against Torrington and Dam, the Jury would probably deem them entitled to an acquittal; but he must leave to their consideration whether any doubt must be entertained as to the other prisoners’ guilt.

The Jury, in five minutes, gave a verdict of Guilty against Chevill, Easey, Jessop, South, and Benton; and acquitted Dann and Torrington, who are detained to take their trial upon other indictments.

Thomas South, Wm. Dann, and R. Crabbe, were indicted for forcibly entering and felonious stealing from the house of Robert Speechly, yeoman, of Littleport, sundry articles of wearing apparel, plate, linen, china, &c.

Mr. Gurney having stated the case on the part of the Crown, called Robert Speechly, who deposed, that on the night of the 22d May last a mob came to his door, and knocked violently. It was about half past 10 o'clock. His wife went to the door, and desired the servant girl to open it, when the house was instantly filled with people. He could not say that he saw any prisoners in the house except Crabbe, who carried a bludgeon his hand. For some time he did nothing with it; but afterwards struck a glass door with it, and broke two panes. Crabbe then rushed up stairs into witness’s chamber; and somebody, but he did not know who, followed him. There were drawers in the room, and they remained there about a quarter of an hour. He was not at all intimidated at the entrance of the mob, but did not know recollect that he asked Crabbe to protect him.

Sarah Butcher, servant of the last witness, was in the house when the mob rushed in. Among others she saw the three prisoners at the bar. The prisoner South carried a cleaver, with which he chopped open the bureau. He waved it also over the head of her mistress, and said, that if they did not receive money, they would do as they had down at Dewey’s, and not leave her a chair to sit on. Her mistress gave them four three-shilling pieces, which they divided among them, and said they must have more, and she must give them some bills. She then gave two 1l. notes to them. The mob carried away a great deal of linen, china, and some silver spoons. The mob was extremely riotous, and broke the windows of the house.

Several witnesses gave Crabbe a good character for honesty & industry previous to these disturbances.

Edward Christian, Esq. Chief Justice of the Isle of Ely, recapitulated the evidence, and observed that if the larceny was accompanied with the infliction of any terror, if the value of what was stolen amounted to more than a shilling, the capital part of the charge was sustained against the prisoners; and if it should appear that no person had been put in fear, then, if the value of the goods feloniously taken amounted to 40s. the prisoners were still within the meaning of the last-mentioned statue.

The Jury found all the prisoners Guilty.

Jos. Warner, Joseph Stibbard, Isaac Harley, James Newell, & William Gotobed, the latter not in custody, were indicted for forcibly entering the house of the Rev. John Vachell, putting him in bodily fear, and taking from his person, two 1l. notes, his property.

Mr. Gurney described this case to be equal, if it did not exceed, in violence and atrocity, the circumstances are those that had already engaged the consideration of the jury. This gentleman, with his wife and daughter, were obliged, in order to save their lives, to escape from their own home at midnight, and leave their house a scene of pillage and destruction.

The Rev. J. Vachell deposed, that he first observed the mob assembling about 9 o'clock at night, and went out with a view of persuading them to disperse. They complained of the lowness of wages, and his endeavours to repress the tumult were ineffectual. About 11 o'clock he heard a great noise, and rapping at his door. He directed his servant to unlock it, and he asked them what they wanted. The prisoner Harley said they wanted money, and they must have it. He gave them two 1l. notes, with which they were not satisfied, some saying, "two pounds will be of no use to us, we must have ten." Witness desired if the two pounds were of no use to them, that they should return them to him, which, however, they refused to do. He told them that he had not got 10l. when the pressure became so violent upon him, that he was obliged to give way, the mob entered his house. Newell was the man who received the notes from him.

The Jury found Harley and Newell Guilty, but acquitted Warner and Stibbard.

17th June 1816: The prosecution solicitor, William Bolland, sends his first report from Ely Special Commission

Ely June 17. 1816.

Dear Becket

We got to Cambridge about 4; the Judges arrived at 2. At 7 this Morning we started for this place. The Judges were met about 2 miles from the town, and escorted by a very fair collection of persons on Horseback to the Bishop’s Palace. There are at present in the Cathedral hearing a Sermon from Sir: H. B. Dudley. In a few minutes I expect to be summoned to the Court to hear Mr: [Justice] Abbott charge the Grand Jury, which we are given to understand is composed of some of the most respectable Men of the Isle. The Court is; (as you may suppose it to be, in so confined a Jurisdiction) miserably small and inconvenient, altho great alterations have been made in it to render it, as commodious as possible. I still however doubt whether the Judges will sit in it, The doors, and windows are so situated, as to make it dangerous for Mr: [Justice] Abbott to venture upon a trial if it, as the least draught of Air affects his Eyes so far, as to produce blindness, and he is too cautious I think to run any risk of inducing such a calamity. As however he has not seen it, he has not yet decided. If our place of sitting is changed I presume the Cathedral will be resorted to for accommodation.—I am going into Court, and will finish my letter when I come back.

It is determined to sit in the Court house, a few further improvements being made in it. Mr: [Justice] Abbott gave a most excellent charge to the Grand Jury, the great respectability of which justified all we were led to expect of it. I hear from Mr. [Justice] Borrough that the Judges were met by the Bishop, and every thing has been done to give solemnity to their entrance at the opening of the Commission.

The post is going, so adieu. I have enclosed or, I should rather say, sent you a Calendar in order that when I refer to the different prisoners in my future letters you may have a guide to their offences.

I am Dear Beckett
Very truly yours
W Bolland

[To: John Beckett]

17th June 1816: The Ely Special Commission commences

The Bury & Norwich Post of 26th June 1816 carried a full report of the Ely Special Commission, which commenced on Monday 17th June 1816:

SPECIAL ASSIZES AT ELY.
MONDAY, June 17.

This day, at 10 o'clock, the Hon. Mr. Justice Abbott, Mr. Justice Burrough, and Edw. Christian, Esq. Chief Justice of the Isle of Ely, arrived in that city, (As mentioned in last week's paper) preceded by a cavalcade consisting of the principal inhabitants, and immediately repaired to the Court-house, where they opened a Special Commission for the trial of the persons charged with having riotously assembled, and committed various felonies at Littleport and Ely. The Commission having been read, the Judges went to the Palace, and breakfasted with the Bishop of Ely.—At half-past 11, the procession moved from the Palace to the Cathedral, preceded 50 of the principal inhabitants, who attended on foot, with white wands: The Judges and their attendants, with the Bishop of Ely, and Hugh Robert Evans, Esq. the Deputy High Bailiff, were met in the Cathedral by the Dean and Prebendaries. Divine service was read by the Precentor, the Rev. W. Metcalfe; in the course of which Handel’s beautiful air of "Why do the Heathen so furiously rage together," with the Chorus of "Let us break their bonds asunder," were performed by the choir—Previous to the sermon, an anthem, composed for the occasion by Mr. H. Skeats, the organist, from the 96th Psalm, v. 10 "Tell it out among the people that the Lord is King," was admirably sung by Mr. Ling.—An excellent sermon was preached by the Rev. Sir H. B. Dudley, Bart. Prebendary of Ely, from 1. Tim. i. 9. “The law is not made for a righteous man, but for the lawless and disobedient".—After the sermon, the choir performed Handel’s, grand chorus, "Hallelujah, for the Lord God Omnipotent reigneth," 

The Court re-assembled at one o'clock, and the preliminary business being concluded, and the Grand Jury sworn, Mr. Justice Abbot addressed them to the following effect:—

“Gentlemen of the Grand Jury,

You have been called together at this unusual period, and with the present solemnities, in consequence of some very daring acts of outrage committed by various misguided individuals in this town and its neighbourhood, which must be still fresh in your recollection. In contemplating the nature of these atrocities, it is impossible to consider without commendation the conductors of those prompt and efficacious measures by which, after it had domineered for several days together, the spirit of tumult and devastation was finally subdued. The natural progress of triumphant insurrection is to increase in fury, and to grow larger in its demands, until from robbery it proceeds to the burning of houses and the murder of their inhabitants. Although no offences of this last and highest kind will be laid before you, yet it appears by the depositions that some crimes of a very deep die have been committed. Of some of these, considering the situation of their perpetrators, it may be difficult to penetrate the motive, and it may be, as often happens in such cases, that it was hardly known to the offenders themselves. The pretence fur these lawless disturbances seems to have been the necessity of advance in the wages of husbandry: but the circumstances of some among the offenders do not correspond with the supposition of such an object. It had happened, that the hardships necessarily incident to a state of poverty, were aggravated by the peculiarity of the seasons, and the temper of mind which was thus produced appears to have been inflamed by designing persons into a settled hostility against the higher orders of society.—This spirit soon manifested itself in the destruction of property, as if labour could he encouraged, and wages raised, by the ruin of those who are to employ the one and to pay the other. In no country in the world are there so many institutions for the humane purpose of administering to the wants and necessities of the poor—in no county does both public and private bounty flow in so many streams for the comfort and relief of the distressed classes of the community. It is to be observed, too, that the money which was taken from individuals on this melancholy occasion was not applied to the support of the families of the offenders, but was consumed in riot and intoxication, by which the blood was heated, the understanding confused, and the spirit inflamed to acts of further and more violent aggression against the persons and property of their neighbours. The number of persons engaged in the commission of these atrocities is so considerable that it has been deemed necessary thus suddenly to call you together, in order that the innocent may be restored to liberty without delay, the guilty brought to punishment, and the peaceable inhabitant convinced that the laws are effectual for his protection and his vindication. It is the first time that such a proceeding has been deemed necessary in this place, and I sincerely hope it may be the last. I am not aware that the task which you are now called upon to execute, however painful, will be attended with any extraordinary difficulties. Judging from the depositions which lie before me, the capital felonies which will be presented before you resolve themselves into the three different crimes, viz. burglary, robbery from the person, and stealing in a dwelling-house. It is fit, however, that I should here maker one observation, which is, that there are many offences committed by large assemblies of men, in which the guilt is not confined to the individual whole hand executes the felonious act. All those who are present at its commission, who favour it with their approbation an concurrence, or who aid and encourage by their voice and action, are involved in the same legal culpability. This is a principle dictated by reason, and established in law; for without the presence of others the actual perpetrator might not have been able to accomplish the criminal purpose, or might have been deterred from attempting it by the exertions of the well-disposed. With regard to the particular crime of burglary, it may be proper for me to remark, that it consists in the breaking into a house at night with intent to commit some felony. What the nature of this felony may be is not material; nor is it necessary, in order to constitute burglary, that the felonious intention should have been carried into effect. The circumstances under which the breaking at night has been effected, must form the evidence of the intent with which it was done. All who then enter are equally guilty; and the same rule applies to those who keep watch whilst others enter. Even if the entry should he made in consequence of the door being opened by the owner himself under the influence of artifice or threats, it is in contemplation of law a burglary; for the law will not suffer its wholesome restraints to be evaded by the shifts and contrivances of a felon. Upon the subject of robbery from the person, it may be important for you to inquire, whether the money raised by a riotous assembly is to be considered, in the cases to which your attention will be drawn, as a voluntary contribution of the individuals from whom it was taken, or as extorted by violence, or under reasonable fear. In the consideration, however, of what amounts to this offence, it is not necessary to advert either to the time or place of its commission. To steal in a dwelling-house has been made a capital felony by many statutes, but it is necessary that the larceny should be actually committed. Without troubling you, however, by reciting a series of legislative enactments on this subject, I should advise you generally to return the several bills as they are presented to you, and leave any difficulty of legal construction to that more accurate investigation which it will afterwards receive in this place. On the nature of ordinary riots and breach of the public peace, you can require no instruction from me: but on every occasion, as well as the present, the Court will be happy to afford too all the assistance in its power. With regard to the description of proof which will be laid before you, there is but little to be remarked, further than that there is no reason to believe it will in most cases be satisfactory—the evidence of eye-witnesses upon facts done in open day and without any disguise, in some instances by neighbour upon neighbour, so bold and daring was the violation of the public peace. If the evidence of accomplices in these transactions should be offered to you, you will receive it with caution, and give credit to it only when confirmed or supported by more unexceptionable testimony. I cannot conclude this address without exhorting you to proceed with a calm and temperate, but with a firm and manly determination—on the one hand, not to conclude, from your Indignation at guilt, too hastily against the prisoners; and on the other, that the serious nature of the charges shall not deter you from presenting them to the justice of your country. It is of the highest importance to the peace and safety, not only of this isle, but of the surrounding country, that all who are present on this solemn inquiry, and all who read the account of its proceedings (and there are few parts of the kingdom in which it will not be read) may he convinced by the awful lesson which may here be taught, that whatever wild or chimerical notions may prevail of the power of an armed multitude, the law is too strong for its assailants: and that, however triumphant or destructive their sway for a few days, these who defy the law will ultimately be compelled to submit either to its justice or its mercy.”

[In the course of this eloquent charge, the learned Judge adverted to the meritorious conduct of Sir Henry Bate Dudley, Bart. to the judicious promptitude of whose personal exertions, and numerous inhabitants of Ely. the country was greatly indebted for its deliverance.] 

The Grand Jury then retired, and the Court adjourned till the next morning.—Messrs. Gurney, Bolland, and Richardson, were Counsel for the Crown, and Messrs. Hunt, Hart, and Whittred, for the prisoners.  

6th June 1816: The Treasury Solicitor reports the mood of Ely to the Home Office

[Lincoln's] Inn
6th June 1816

My dr Sir.

Hobhouse has desired me to send you the inclosed Extract from a Letter received this morning from Mr. Evans the Solicitor at Ely employed to assist in the conduct of the Prosecutions—Hobhouse is not very well & must keep quiet for a few days

[Illegible] My dr Sir

Yours very faithfully

H.C. Litchfield

J. Beckett Esqr
&c &c &c

Extract from a letter from Mr. H.R. Evans to Henry Hobhouse Esq dated Ely—5th June 1816.—

"I wish I could say that I'm convinced that the danger is over.—We are quiet, but it is the silence of sullenness—not of a subdued Spirit, and I shall not be surprized if we have some Stacks, and even Houses burnt—Murmers and Whispers, and sulky Countenances, and insidious companions between Rich and Poor &c &c are among the Symptoms of smothered Revenge. We are upon our Guard, and have a nightly patrole; but as the opening of the Commission approaches our danger and fears will increase."