1st March 1813: Thomas Shillitoe visits the families of Thomas Brook, James Haigh, William Thorpe & John Ogden

On Monday, the Quaker missionary Thomas Shillitoe continued his visits to the families of the Luddites executed at York in January, accompanied by Joseph Wood:

Second-day, we bent our course to Lockwood, sat with the widow and three children of Thomas Brook, who suffered for rioting. We also had the company of his parents and two brothers: his two brothers were in York castle with him, but were discharged. This proved a heart-rending opportunity to us all: being willing, as I humbly hope I may say we were, to sit where the surviving sufferers sat, we were helped to go down into suffering with them, and thereby became qualified, through the renewal of Divine aid, to administer suitably to the need of those we sat with. Our minds were clothed with feelings of compassion for the widow and the deeply-afflicted parents, accompanied with a hope, the opportunity had made such an impression on the minds of the two young men, that it would become of lasting benefit to them. The sufferer, we were informed, had only been out once with the rioters, at which time he lost his hat, which caused his apprehension. At our parting, they endeavoured to make us sensible that our visit had been like a cordial to their minds, and they expressed the thankfulness which they felt for it. We proceeded to Huddersfield; visited the widow of James Haigh—he suffered for rioting—left no children: we found her under deep affliction. She appeared to have a clear view of our motives for taking the steps which we did, expressing, in strong terms, the gratitude she felt for our visit. Our next visit was to the parents and two sisters of [William Thorpe], who was a single man, and who suffered for the murder of the master-manufacturer: we felt deeply for the afflicted parents. Divine regard was mercifully extended in this opportunity, both to visited and visitors: that a grateful sense thereof may continue in each of our minds, was the secret prayer of my soul. It appeared a time of precious visitation to the sisters of the sufferer. In the afternoon we proceeded to Cow-cliff, to visit the widow and two children of John Ogden, who suffered for rioting. We proposed to meet her at her husband's parents, in order to have their company, and that of two of the sufferer's sisters; but we were given to understand, that the parents spurned at the idea of sitting with us. As it did not appear to me we should be warranted in so easily giving up this prospect, and apprehending I felt that in my own mind that would bear me out, in taking the widow and family with us into their cottage, my companion consenting, we did so, and took our seats amongst them. After sitting awhile together in solemn silence, we had to hand forth both caution and encouragement, especially to the poor young widow, and the sufferer's sisters: it proved to all a melting season. The parents were both confined to the house, in consequence of the melancholy event that had occurred respecting their son, and from their appearance, with that of one of their daughters, they were sinking under the weight of their afflictions. The parents, in a very feeling manner, at our parting, expressed thankfulness for our visit, and, I hope I may say, feelings of gratitude clothed my mind. The wedding of a sister of the sufferer's being kept at the adjoining cottage, apprehending it would be safest for us to make them a visit, we accordingly did so, but the men were all absent: pausing, and feeling something stirring in my mind towards the bride and her female friends, I gave way to it; the labour bestowed soon put aside all their light behaviour, which our presence at first excited; and, at our parting, novel as our visit was to them, it appeared to be kindly received. May glory abound to His praise, who is God over all, blessed for ever, and for evermore.

8th January 1813: The execution of George Mellor, William Thorpe & Thomas Smith

At 9.00 a.m. on Friday 8th January 1813,  the three Luddites convicted of the murder of William Horsfall - George Mellor, William Thorpe & Thomas Smith - were executed at York Castle.

When compared with accounts of other executions, the report of the execution printed in the Extraordinary Edition of the Leeds Mercury of 9th January 1813 is noticeably anomalous. Particularly unusual is the reported defiance of William Thorpe being asked about Justice & also Mellor's clear broadside at the informer Benjamin Walker. Mellor, like Smith, had taken his Luddite oath entirely seriously - despite being imprisoned for almost 3 months he had clearly refused to utter a word to the authorities, as there is not even a simple statement taken by the magistrates in existence.

This report is free of the usual pseudo-religious accounts of redemption that are standard in the press of this time. This led to controversy over the following weeks in the two Leeds papers, as the Whig Mercury and the Tory Intelligencer traded blows over exactly what the substance of Mellor's last words were, as we shall see.

In the interval between the trial and execution, the prisoners behaved very penitently, though they refused to make any confession either in the prison or at the place of execution. Thorpe, on being asked if he did not acknowledge the justice of this sentence? said, “Do not ask me any question.” Mellor declared, “that he would rather be in the situation he was then placed, dreadful as it was, than have to answer for the crime of their accuser, and that he would not change situations with him, even for his liberty and two thousand pounds;” but with all his resolution, he could not conceal the agonies of his mind, for on the night before the execution, he fell to the ground in a state of insensibility, and it was thought he would have died in his cell; but he soon recovered, and in the morning his health was perfectly restored.

The Execution of these unhappy men took place yesterday, at nine o'clock, at the usual place behind the Castle, at York. Every precaution had been taken to render any idea of a rescue impracticable. Two troops of cavalry were drawn up at the front of the drop, and the avenues to the castle were guarded by infantry. Five minutes before nine o'clock, the prisoners came upon the fatal platform. After the ordinary had read the accustomed forms of prayer on these occasions, George Mellor prayed for about ten minutes; he spoke with great apparent fervency and devotion, confessing in general, the greatness of his sins, but without any allusion to the crime for which he suffered. He prayed earnestly for mercy, and with a pathos that was affecting. The surrounding multitude were evidently affected. William Thorpe also prayed, but his voice was not so well heard. Smith said little, but seemed to join in the devotion with great seriousness. The prisoners were then moved to the front of the platform, and Mellor said: "Some of my enemies may be here, if there be, I freely forgive them, and all the world, and I hope the world will forgive me." William Thorpe said, "I hope none of those who are now before me, will ever come to this place." The executioner then proceeded to perform his fatal office, and the drop fell. Some alteration had been made in the drop, so that all the whole body was visible when they were suspended; in former executions only the feet and head could be seen by the spectators. They were executed in their irons. They appeared slightly convulsed for a few moments.

The number of people assembled, was much greater than is usual in this city, on these melancholy occasions, but not the slightest indication of tumult prevailed, and the greatest silence reigned during the whole of this solemn and painful scene. Such has been the issue of that fatal system, which, after having produced in its progress great terror and alarm, and much mischief to the community, has at length terminated in the death of those who were its most active partizans. And thus have perished, in the very bloom of their life, three young men; who, had they directed their talents to lawful pursuits, might have lived happy and respected.—They were young men on whose countenances nature had not imprinted the features of assassins.

7th January 1813: Henry Hobhouse updates the Home Office on the Special Commission & the plans for the execution of Mellor, Thorpe & Smith

Private

York
Jan. 7. [1813]

Dear Sir,

The Judges having conferred with Mr. Park respecting the Place of Execution of the Murderers who were convicted yesterday, have determined that under all the Circumstances it appears to them better that they should be executed here than at Huddersfield, offering at the same time to respite them until Tuesday to afford an opportunity for Lord Sidmouth exercising his Judgement on the subject of Mr. Park & myself wished such Respite to take Place. The main consideration which led to this Determination has been that they could not be executed at Huddersfield without a Respite, and that any Respite might be misconstrued into a Doubt of the Propriety of the Conviction, which Doubt not existing in the least degree, it would be highly inexpedient to raise such an Idea. The same Reason operated with greater Force in leading Mr. Park & me to decline their Lordships Offer; & I the rather concurred in this opinion, because as the Publicity of the Execution among the Prisoner’s Confederates was the Object to be obtained by their Removal, I conceived that the great Influx of those Persons into York within these four Days would probably afford an ample Supply of Spectators to convey the Intelligence to Huddersfield. It therefore stands fixed that the Execution Convicts shall be executed tomorrow morning.

Another day has been spent in a single Trial, namely that of John Schofield for shooting at John Hinchliffe, in which a great deal of time has been wasted by a legal Objection taken to the Indictment & overruled, & by an Alibi supported by several Witnesses. Mr. Baron Thomson is now summing up.

We have preferred all the Indictments which we intend to present, & the Grand Jury will probably be discharged this Evening.

The Jury have acquitted Schofield, & although I have not myself the least Doubt of his Guilt, I can not complain of the Verdict, for the Prosecutor's denial in the first Instance of his Knowledge of the Prisoner, to whose Voice & Person he afterwards swore, might well cause such a reasonable Doubt in the Jury has would justify the Acquittal. They were out above half an Hour.

The Grand Jury have finished their Business, but they are not discharged by the Court, but permitted to go home, the Judges thinking that they Discharge might have an ill Effect. When they informed the Court that they had gone through all the Bills before them, Mr. Park took an Opportunity of saying openly in Court that after convicting the greatest offenders he saw the Counsel for the Crown could not use a more sound Discretion than by forbearing to press hard on those who were probably misled, & who it might be hoped would return to a better course of Life, if not through Gratitude for the Mercy extended to them, at least through fear of the Punishment which still would hang over their Heads for the Crimes already committed; & he therefore should prefer no more Bills. The Effect of this step is to release about 6 Prisoners without Prosecution, against whom the Evidence was next to nothing. And it is further in Contemplation in those Cases, where Bills have been found on the unconfirmed Testimony of Accomplices, & there is therefore little Prospect of Conviction, to extend the same Principle by offering the Prisoners the Boon of being discharged out of Custody upon giving Bail for appearing & answering when required. This Offer, if adroitly made (as I have no doubt it will be by Mr. Park), will probably be accepted; and I hope Lord Sidmouth will think that the Tendency of this Measure, combined with the Convictions already obtained of those further ones which I hope to report on Saturday, will be likely to produce as salutary an Effect as could possibly be expected from this Commission.

I am Dr Sr Yrs faithfully
H. Hobhouse

[To] J Beckett Esq

6th January 1813: Henry Hobhouse informs the Home Office of the outcome of the Horsfall Trial at York Special Commission

Private

York
Jan. 6. [1813]

Dear Sir,

I should have mentioned in my last Letter that the four Burglars convicted yesterday were part of a Gang of whom six are in Custody. The other two were not implicated in the Burglary tried, against one of them we have no tenable case, & against the other no good Case. We therefore do not intend to prosecute either of these two:

Mr. Justice LeBlanc is now summing up the Evidence on the Indictment against the three murderers George Mellor Wm. Thorpe & Thos. Smith. We have made a very strong case, which has been met by a separate Alibi on the part of each of the Prisoners, supported by numerous Witnesses. I trust however that under the Direction of an able Judge & upright Jury (which I hope we have) there can be no doubt of a Verdict.

The Jury after being out of Court 25 minutes have returned a Verdict against all three Prisoners.

I am
Yrs. most faithfully
H. Hobhouse

The Wish of the General as to the Place of the Execution has been mentioned to the Judges, but they have not yet come to any Determination—

[To] J Beckett Esq

6th January 1813: The trial of Mellor, Thorpe & Smith - Part 4: the verdict

At just before 8.00 p.m., and after being in Court 11 hours, the Jury in the trial of George Mellor, William Thorpe & Thomas Smith returned after only 25 minutes deliberation. They found all 3 defendants Guilty.

Unlike all the other prisoners on trial in the Special Commission, Mellor, Thorpe & Smith received sentence immediately.

The prisoners were asked by the Judge why sentence of death should not be passed and said:

George Mellor – I have nothing to say, only I am not guilty.

William Thorpe – I am not guilty, sir; evidence has been given false against me; that I declare.

Thomas Smith – Not guilty, sir.

Sir Simon Le Blanc then passed sentence:

You, the several prisoners at the bar, have been tried and convicted of wilful and deliberate murder; under all circumstances an offence of the deepest malignity, but under the circumstances which have appeared in this case in particular, as far as one crime of the same denomination can be distinguished from another, this may be pronounced a crime of the blackest dye. In other cases, the Court has been able to discover something which might work upon the passions of mankind, and might induce them to commit an act, at which, in their cooler moments, their minds would have revolted. But, in the present case, the crime was committed against a man, who appears to have given no offence to any one of you, except that he was suspected of having expressed himself with a manly feeling against those who had set up a right to violate all property, and to take away the life of any man who had been supposed to encourage others to do what I trust there still are men sufficient in this country to do—to stand manfully forward in defence of their property. For that reason, he was marked out by you as an object of the most cowardly revenge. You, attempting to associate with yourselves such men as you could prevail upon to join in your wicked purposes, way-lay him at the moment when he is returning home, almost in mid-day, with a boldness which one has scarcely ever witnessed in trying offences of this description. But in the course of your trial, proceedings have come before the Court, at which human nature should be so debased. That the national character should be so debased; that men, who ought to boast of their character as Britons, should have dared to hold forth, in the language in which you have held forth, and with so little discretion, that assassination and destruction of property were instruments in your hands, to be exercised at your pleasure, and against any person who had happened to offend you—independently of this, that you should have dared to take into your hands the holy scriptures, and to administer an impious oath to those who were cognizant of your offence, calling the Almighty as a witness (that Being whom you were conscious you had offended in the highest degree), calling upon him for vengeance upon the heads of those who should discover your crimes—these are circumstances which have appeared in the course of this trial, and which have scarcely ever appeared in the course of any trial which has been brought before a court of justice.

It is not upon the testimony of one, or two, or three witnesses, that your guilt depends; and let me advise you not to lay that balm to your souls, that you have been deprived by false accusation, and by false oaths, of your lives. A chain of circumstances has been discovered in the course of this trial, which does not depend upon the oath of any one, or two or three men, whom you may denominate even as bad as yourselves. But even from the testimony of those, who, if there had not been honest to a certain degree, would have given a different evidence, it is clear that two at least of you were guilty; and as little doubt remains, from other evidence, upon the guilt of the third.

In the shop where you have worked, some of you appear to have gained such an ascendancy over the minds and over the consciences of the workmen, who were in some degree under your control, that you could mould and fashion them to any wicked purpose you yourselves might imagine. Their eyes, I hope, will be opened by the fate which awaits you; they will see, that though for a short time the career of the wicked may continue, yet the law is sure at length to overtake them.

To you, the unfortunate persons who stand at the bar (for every man who has disgraced his character as you have, must be deemed unfortunate), to you the only kindness I can offer, is, in the advice to prepare, as speedily as you can, for that execution of this sentence, which must surely await you; to make the best use you can of the period still allotted to you in this world—longer far than was allowed to the unfortunate person who was the object of your revenge; that you will take the opportunity of making your peace with that Almighty Being whom you have offended; that by the sincerity of your repentance, the fulness of your confession, and the acknowledgement of your offences, you may endeavour to obtain that forgiveness in the world to come, which I cannot hold out to you any hopes of obtaining in this world.

It remains only to me to pass upon you the sentence of the law. That sentence is, that you, the three prisoners at the bar, be taken from hence to the place from whence you came, and from thence, on Friday next, to the place of execution; that you may be there severally hanged by the neck until you are dead, and your bodies afterwards delivered to the surgeons to be dissected and anatomised, according to the directions of the statute. And may God have mercy upon your souls.

The execution was scheduled for 2 days time - in the midst of the proceedings, and despite the fact that all 3 prisoners were on trial for other offences.

6th January 1813: The trial of Mellor, Thorpe & Smith - Part 3: witnesses for the defence

The last part of the trial of George Mellor, William Thorpe & Thomas Smith consisted of numerous witnesses for the defence who spoke to state that they had spent time with either Mellor, Thorpe or Smith at or around the time Horsfall was shot. It’s not clear whose idea this was, or even if the defendants wanted it: there is evidence that George Mellor had been clear on a number of occasions that he wanted witnesses who had appeared for the prosecution – principally the household of Joseph Mellor – to tell the truth about what had happened that night. The witnesses that were to speak for him at the trial put him nowhere near his cousin’s house: had he changed his mind, or did his defence team insist this was now his best chance?

William Hansard, spoke for George Mellor, stating that he met him at 6.45 p.m. on the evening in question about a quarter of a mile from Huddersfield going towards Longroyd Bridge,

Jonathan Womersley, a clock-maker from Huddersfield, said he saw Mellor between 6.00 and 6.15 p.m. at the corner of Cloth Hall Street in Huddersfield, and that they went to the White Hart public house & drank 2 pints of beer and settled an account of Mellor’s. Womersley said he left 20 minutes later, leaving Mellor there with a William Battersby. He went to another pub, the Brown Cow, and heard there what had happened to Horsfall.

A cobbler, William Battersby, had been drinking in the White Hart with Mellor and Womerlsey that evening, and he estimated they stayed there for 30 minutes, when they heard about Horsfall and afterwards parted.

John Thorpe of Castle Street, Huddersfield, said he had known George Mellor 16 or 17 years, and stated that he had met him opposite the George Inn in Huddersfield at about 5.50 p.m. He was precise about the time because he said he had a watch he wanted to sell Mellor and showed in to him at that time.

Jonathan Battersby, another cobbler from Huddersfield, said he had met and talked to George Mellor  in the market place at Huddersfield before 6.00 p.m.

George Armitage, a blacksmith at Lockwood, said George Mellor had walked past his workshop from the direction of Joseph Mellor’s house towards Huddersfield between 5.00 and 6.00 p.m. that evening, when they had briefly spoken to each other. When cross-examined by Park for the prosecution, Armitage said that Mellor had said he had been to his brother’s house with a man that wanted work.

George Armitage’s brother, Joseph Armitage, also said he had seen George Mellor at the workshop between 5.00 and 6.00 p.m.

Charles Ratcliffe, a cropper from Huddersfield, worked in the workshop of Mr Fisher at Longroyd Bridge, the same place that William Thorpe worked at the time. He had been there at 5.30 p.m. on the day in question, and had seen Thorpe there and talked to him for 15 minutes before leaving for Huddersfield, where he heard of Horsfall being shot at 6.50 p.m.

Frances Midwood lived with her father at Longroyd Bridge and had gone to fetch water from Mr Fisher’s workshop. She made several trips, and estimated she saw William Thorpe there at 5.10 p.m., and then later, talking to Charles Ratcliffe. She stopped going back when she heard Horsfall had been shot, but stated that on each occasion she had been, Thorpe had been there, and she had also seen the next witness, Abraham Pilling.

Abraham Pilling, a cobbler from Huddersfield, had set out for Longroyd Bridge at 5.45 p.m. to take some shoes he had made for Frances Midwood to her. He lived around a mile from Longroyd Bridge, and arriving there after 6.00 p.m. he saw Midwood crossing the road with a can and going into Mr Fisher’s workshop for water. Pilling said he stayed and talked with Thorpe for some time whilst Midwood fetched him the money for the shoes. When he left the workshop to go elsewhere, some of the neighbours told him that Horsfall had been shot.

John Bower was a 17 year-old apprentice at John Wood’s cropping shop. He stated that on the evening in question, he had been working there with George Mellor, Thomas Smith, Benjamin Walker, James Varley and John Walker before 7.00 p.m. that evening. He said that Smith had left at 6.00 p.m. to go drinking before returning, and that Mellor had been absent from 3.00 p.m. until they worked together before 7.00 p.m.

Mary Thorpe, a servant of John Wood, stated she saw Thomas Smith and the last witness Bower come into the kitchen at 6.00 p.m., the clock striking the time.

William Hirst, was a lodger at John Wood’s house. He said he met Benjamin Walker at the workshop at 7.00 p.m. Having already heard about Horsfall being shot in Huddersfield earlier, when he gave Walker the news, he said Walker had said “That is too good news to be true”. The prosecution objected to the latter revelation, and the Judges agreed.

The final witness, Joseph Rushworth from Cowcliffe, said that he had been to Joseph Radcliffe’s on 12th October when he saw William Hall, who had been there to talk to the magistrate. He said he had had no further conversation with the informer after that time.

The evidence concluded, the case was summed up, with the Judge underlining the clear differences between the evidence of witnesses for the prosecution and defence.

The Jury retired at 7.30 p.m. to consider their verdict.

6th January 1813: The trial of Mellor, Thorpe & Smith - Part 2: witnesses for the prosecution

After Sir Simon Le Blanc had summed up the prosecution's case, witnesses for the prosecution were then called, beginning with Joseph Armitage, the landlord of the Warren House Inn, a pub on Crosland Moor, and Horsfall’s last stop on the way home before he was shot. Armitage was examined by Mr Topping for the prosecution & was asked about the timings surrounding the matter: he stated that Horsfall had arrived at the pub at 5.45 p.m. and drank a glass of rum and water whilst still on horseback, also buying drinks for two ex-workmen. Horsfall left 20 minutes later, at 6.05 p.m., without having dismounted. At 6.30 p.m., some children brought the news that Horsfall had been shot in a plantation a quarter of a mile up the road from the pub. Armitage set off with the two workmen and found Horsfall sat by the roadside 30 yards below the plantation, bleeding heavily. They brought him back to the pub, where he died over a day later.

In cross-examination, Mr Hullock for the defence was very particular and repetitive in getting Armitage to be clear about the timings for all that happened. Armitage stated that he frequently looked at the clock throughout the day, as his customers needed to know when their horses would be ready after stopping at his pub. He fixed the time of Horsfall’s assassination as between 6.10 – 6.15 p.m.

The next witness was Henry Parr, who was examined by Mr. Holroyd for the prosecution. Parr was taking a similar journey to Horsfall and at the same time, trailing slightly behind him. He had passed the Warren House when he heard a crack from a gun coming from the plantation ahead on the left-hand side of the road, saw gun smoke and then four people in the plantation about 150 yards away. He saw Horsfall take the shot and cry out ‘murder’. One of the assassins stood up onto a wall at the edge of the plantation and Parr rode towards Horsfall, upon which he saw all four men flee. He stated that all four were dressed in dark clothing. Riding up to Horsfall, he helped to keep him in the saddle, but blood was spurting from his side, and Horsfall eventually fell from his horse. Parr left Horsfall with two boys who were at the roadside, before riding away to alert William's brother, John Horsfall, as William had requested.

Under cross-examination by Mr Williams for the defence, Parr was clear that he did not know the three accused.

When he was re-examined by the prosecution, Parr was clear that he had heard only one shot, and also went on to say that three of the men stood behind the man with the gun who made the shot.

Another witness, a clothier called Joseph Bannister, was called: he had met Parr on the road at 6.30 p.m., who explained what had happened. Bannister went forward to help, finding Horsfall at the roadside, and later stayed some time with him at the Warren House.

The next witness was Rowland Houghton, a Huddersfield surgeon who had been called to attend to Horsfall at 7.00 p.m., but did not arrive until between 8.00 and 9.00 p.m. at the Warren House. Houghton found that Horsfall had 2 wounds on the upper left thigh, 3 inches apart; another wound on the lower left side of the belly, another on the lower part of the scrotum and two more wounds on the right thigh. One of the bullets had already been extracted (by army surgeon Mason Stanhope Kenny, who was not called as a witness) before he arrived, and he removed a bullet from the inside of Horsfall’s right thigh, near to the hip joint. Houghton regarded a wound that had penetrated Horsfall on the left side had been the fatal one.

Two bullets that had been extracted were produced by the Reverend Abraham Horsfall & John Horsfall, William’s relatives, to the Court – one like a musket ball, the other had been cut and flattened.

Next, the Crown called their star witness – the accomplice Benjamin Walker. Walker was a cropper, who worked with Thomas Smith and George Mellor at John Wood’s cropping shop, with William Thorpe working for a man called Fisher close by. Walker said that after the unsuccessful attack at Rawfolds, George Mellor had said that the only way for the Luddites to succeed now would be to shoot the masters.

Walker stated that on the day of Horsfall’s assassination, he had been working at John Wood’s shop with his father John and his brother William in one part of the workshop, with Mellor and Smith in another. That between 4.00 and 5.00 p.m., Mellor approached him and asked him to go with him to shoot Horsfall, and he refused. He said he left the workshop to go for a drink for about 30 minutes, returning at 5.00 p.m. to find Mellor, James Varley, John Walker and William Hall together. He said that Mellor approached him, gave him a loaded pistol and told him he must go with him, Smith & Thorpe to shoot Horsfall. Mellor further directed him to make his way to Joseph Radcliffe’s plantation on Crosland Moor with Smith, using a direct route.

Walker said that he and Smith arrived at the plantation ten minutes before Mellor & Thorpe. He also
noticed that Mellor & Thorpe were now wearing a green and a dark-coloured top-coat respectively. He went on to say that he never went as close as 20 yards from the wall which bordered the plantation and faced the road Horsfall was travelling on – that Mellor and Thorpe were close to the wall and out of his sight from where he stood. For the prosecution, James Alan Park was careful to contend to the Jury that although Walker could not see Mellor and Thorpe, that this did not mean others, such as the witness Parr, could not see them all from his position. Walker said that Mellor told him and Smith to fire on Horsfall if he and Thorpe missed. When Horsfall was shot, they all fled, with Thorpe handing Walker his pistol and Mellor cursing the two other men for not firing. He contended that Thorpe’s pistol had been discharged and was still warm, but that he threw it down when they reached Dungeon Wood, with Mellor retrieving it. Walker said that Mellor had hurt his finger firing his overloaded pistol, and Thorpe had hurt his cheek, possibly on some branches. Walker and Smith hid their pistols in an ant-hill in the wood, and then parted company with the other two: Mellor ordered them to go towards Honley along a different route than he and Thorpe would take, and gave them 2 shillings to buy some beer.

Walker said that he and Smith went to Honley to drink in a public house, the Coach & Horses Inn. Whilst they were they, some travellers came from Huddersfield market to announce that Horsfall had been shot. Thomas Smith then started to whistle a tune, and a drunken collier in the pub got up to  dance to the tune. Walker said that he and Smith stayed at the pub until between 8.00 or 9.00 p.m. and managed to drink between 7 or 8 pints each whilst they were there. They arrived home at 10.00 p.m. that night.

The following morning, Mellor sent Joseph Sowden to bring Walker into the workshop, to join him as well as Thorpe and Smith. Mellor administered an oath to Walker, asking him to kiss a Bible at the end of it. He noticed that Mellor’s finger was bound.

Walker was then cross-examined by Mr Hullock for the defence. He was asked where he had been for the past couple of months, and revealed he had been in Manchester on Saturday 2nd January and before that in ‘safe custody’ at Chester Castle for 10 weeks. He went on to confirm some of the evidence he had just given. He also said that he had confessed to his mother and father what had happened at the plantation upon arriving home the same night, and that his mother went to Joseph Radcliffe’s 11 or 12 weeks ago to inform him: that Mellor and Thorpe had already been taken up by this time, saying that he and Mellor were taken up at the same time. He confirmed that he could not read, but had heard from Joseph Sowden that a reward of £2000 had been offered for information about the killing before he was taken up.

Walker was asked by the defence if he had sent a message to a woman named Hartley, and revealed that, whilst in custody, he sent a woman called Mary Dransfield to go to Mrs Hartley and ask her to go to a magistrate to prove he was elsewhere at the time Horsfall was shot. Walker said that Mrs Hartley had come to John Wood’s cropping shop on the evening of Horsfall’s shooting to inform them what had happened, but he now said he was not there at that time, and that Mellor had told him Hartley had come to the shop. Walker also revealed that when he first faced Joseph Radcliffe, William Hall had been a witness for his being present at John Wood’s cropping shop when Horsfall was shot.

William Hall himself was the next witness for the prosecution. He stated that on the afternoon of Horsfall’s shooting, between 4.00 and 5.00 p.m., George Mellor had approached him to borrow a pistol: this was the Russian horse pistol that Mellor had previously owned that had come into Hall’s possession. Hall took Mellor to his house, where Mellor loaded the pistol in front of him: he used two loads of powder then loaded the barrel with one bullet, then slugs that had been made from other bullets, and then another bullet. Hall was concerned about the recoil from the pistol, and Mellor confirmed he intended to shoot Horsfall with it. Hall stated that Mellor asked him to accompany him, but he refused. Hall described Mellor as wearing a bottle-green top-coat.

Hall confirmed that Mrs Hartley had brought the news about Horsfall to the workshop at 7.00 p.m. that night. Hall also said that Mellor had told him that night at bedtime that he and Thorpe had left their pistols at his cousin Joseph Mellor’s house with two apprentices, with instructions for them to give them to Joseph when he returned home. Later, Mellor also told Hall that he had hurt his finger and didn’t know if it would heal properly or not.

Hall stated that Thomas Smith had also arrived home that night and had told him he had been to Honley with Benjamin Walker after hiding their pistols in Dungeon Wood.

Hall went on to state what had occurred the following day at his workplace, John Wood’s cropping shop. That Mellor made him and others at the shop take an oath of secrecy, for all that he and others had been witness to or been told.

Hall said that On the Sunday after Horsfall had been shot, Thomas Smith asked him to go with him to find the two pistols left in Dungeon Wood, but they could not find them among the ant-hills. Two or three weeks later, Smith showed him a pistol telling him that somebody else had been out with him and they had found his pistol.

Hall said that it was not until 3 weeks after Horsfall had been shot that George Mellor had returned the Russian horse pistol to him, and that some time after that, he asked him for it back again, this time to lend out to some people at Leeds who needed arms.

Hall also contended that 2 or 3 days before he was arrested, Mellor had asked Hall if he would wear William Thorpe’s coat if he was questioned before Joseph Radcliffe, and also to state he had gone with Mellor to his cousin Joseph’s house on the night Horsfall was shot. Hall had refused.

The next prosecution witness was Joseph Sowden, another cropper who worked at John Wood’s shop. He said that Mellor and Thorpe had come into the shop at 4.30 p.m. on the day Horsfall was shot – both of them carrying pistols, and that Mellor had ordered Benjamin Walker to go home and fetch top-coats and a pistol, and that Walker left and he didn’t see him again that day. Sowden said that the next day, all four assassins had told him what had happened and then Thorpe wanted him to swear an oath – when he refused, he said Thorpe threatened him, after which he took the oath and administered it to the others in the workshop under Thorpe’s presence.

Under cross-examination by Henry Brougham for the defence - seemingly Brougham's only intervention during the whole trial - Sowden largely reconfirmed much of the evidence he had already given. But he denied Brougham’s accusations of being a secretary to any Luddite association or being a delegate to other workers’ organisations.

Benjamin Walker’s father, John Walker, was the next witness for the prosecution, but only seems to have confirmed he worked at John Wood’s cropping shop.

Martha Mellor, the wife of Joseph Mellor, George Mellor’s cousin, was called next. She stated, as she had in her original evidence to Joseph Radcliffe, that she first saw George Mellor at her home at Dungeon  Bottom at 6.15 p.m. the evening that Horsfall was shot. She said he brought with him another person she did not know and has not seen since – the trial account does not record whether she was asked to identify in Court if either Smith or Thorpe were the man, but the inference is that she did not regard either of them as the ‘stranger’. Mellor asked after Joseph, who was absent at that time, and also if Joseph needed a man to work there. Martha said they did not at that time. Mellor asked her for a handkerchief, and she gave him a black silk hanky. Mellor also asked if the man could wash himself and she agreed to this. Martha described both Mellor and the other man as wearing dark coloured top-coats, and said that they stayed for 15 minutes.

On being cross-examined by Mr Hullock for the defence, Martha was clear that her husband Joseph arrived home 30 minutes after they had left, at 7.00 p.m. She also stated that one of the apprentices and a witness that evening, Joseph Oldham, had ‘run away', a week after George Mellor was committed to York, and had not returned.

The defence appeared to have missed an opportunity to ask Martha if George Mellor had an injured finger, and if the other man had a bloody face, as some of the prosecution witnesses had contended. They also failed to underline the crucial nature of the timings in Martha’s evidence: the arrival of the two men in the house at 6.15 p.m. was at the time the prosecution stated that Horsfall was shot. Any earlier, and this would have affected the evidence of those present at John Wood’s shop; any later would affect the evidence of other prosecution witnesses that corroborated Martha’s timings.

One of Joseph Mellor’s apprentices, 17 year-old Thomas Durrance, was next. In line with the evidence he gave to Joseph Radcliffe, he stated that George Mellor and the other man, who he only ‘thought’ was like William Thorpe, came into the workshop that evening both wearing dark-coloured top coats – underneath which, George Mellor had a green coat. Mellor asked Durrance to go upstairs with him and then produced two pistols which they hid beneath some flocks of waste cotton, with Mellor swearing him to secrecy about them. However, when Durrance’s master Joseph Mellor arrived home later, he showed him the concealed pistols straight away.  He also admitted showing the other apprentices the pistols, including Francis Vickerman, another witness who was not called.

Durrance went on to state that after he had been examined by the magistrate Joseph Radcliffe last October, George Mellor gave him 5 shillings, asked him to give his fellow apprentice John Kinder half of it, and urged him to tell the truth of what had happened that evening except for the pistols, which he wanted Durrance to keep secret.

Durrance was unwilling to positively identify William Thorpe as ‘the man’ accompanying George Mellor that evening.

Questioned by one of the Judges, Durrance estimated that Joseph Mellor arrived home between an hour and 90 minutes after George Mellor and the stranger had been there, and also that he hid the pistols in an outbuilding with Joseph Mellor 2 hours after they had been hidden upstairs.

The other apprentice to Joseph Mellor that had been present that evening, 18 year-old John Kinder, also gave evidence. He saw Mellor come down the stairs with Durrance and explained to Durrance who he was. Durrance showed him the pistols after Mellor and the stranger had left, and Durrance stated that they were not loaded. Kinder also confirmed that Durrance had given him half a crown and explained what George Mellor had said about telling the truth and keeping the pistols secret.

Next to give evidence was George Mellor’s cousin, Joseph Mellor. He confirmed he had arrived home about 7.00 p.m., and that Durrance had told him about the pistols. In October, he had told the magistrate he had learned the news about Horsfall from a neighbour, William Spencer, later in the evening, and had brought the news home to his household afterwards, but Joseph doesn’t seem to have mentioned or been asked about this.

Joseph stated that when Durrance showed him the hidden pistols, he moved them to another outbuilding. In his workshop, he found a dark-coloured top-coat which had 2 bullets in the pockets, and that he also found a dark bottle-green coat behind the door, neither of which belonged to him.

Joseph went on to relate how the cropper James Varley arrived the next morning, and that he told him about the hidden pistols, and that a week later, they had gone. In the statement he gave to Radcliffe, Joseph made it clear that he strongly intimated to Varley that the pistols should be taken away after telling him where they were hidden.

A Mr Staveley, the governor of York Gaol, gave evidence that the coat George Mellor was wearing when he was brought to the York Castle after being arrested. The coat was bottle-green, and Joseph Mellor was asked to identify it – he said it was similar to the one he found in his workshop, but would not swear that it was the same one.

The prosecution then called Abraham Willey, who worked for Joseph Radcliffe. When Horsfall was shot, he was working 200 yards away in a stable behind the plantation. He heard a gunshot and went to see what was happening and observed four men running down the fields behind the plantation towards Dungeon Wood at a distance of at least 50 yards. He stated that they were wearing dark-coloured coats. A few minutes later, the two boys that had found Horsfall lying in the road – his sons – came to tell him what had happened.

The penultimate witness for the prosecution was a man called Richard Hartley who was travelling from Crosland to Lockwood via a road at the back of the plantation. He stated that he also heard the shot and then saw four men run down from the plantation and down into Dungeon Wood. He contended that he noticed the brass-ended pistol one of the men was carrying in his belt when the man vaulted a wall.

The last witness for the prosecution was Mary Robinson, the landlady of the Coach & Horses Inn at Honley that Benjamin Walker said he and Smith had gone to later in the evening. She put the time of their arrival at the pub as between 7.00 and 8.00 p.m., and they left shortly before 9.00 p.m. She remembers the man whistling and the collier dancing to the tune. Finally, she stated that her husband had asked the two men where they had come from, and they told him Longroyd Bridge,

At the conclusion of the evidence of the prosecution the Judge, Sir Simon Le Blanc, asked Mellor, Thorpe and Smith if they wished to say anything for themselves: their reply was “We leave it to our Counsel”.

6th January 1813: The trial of George Mellor, William Thorpe & Thomas Smith - Part 1: the prosecution's case

On Wednesday 6th January, the trial of George Mellor (aged 22), William Thorpe (23) & Thomas Smith (22) for the murder of William Horsfall took place. The Crown had wanted to try this case first, but was prevented from doing so by an application from the defence’s legal team that they were not prepared.

The trial commenced at 9.00 a.m. in an overcrowded court room, so much so that court officers and counsel struggled to find a seat.

The Jury for this trial was as follows:

Humphrey Fletcher, Foreman
William Buttle
William Atkinson
John Johnson, senior
Jonathan Barker
William Denison, junior
Robert Kettlewell
Jeremiah Kirk
William Rimmington
William Scholefield
John Walker
Nicholas Walton

In the indictment, only Mellor was charged with shooting Horsfall – Thorpe & Smith with being present and aiding & abetting, but all 3 were charged with murder. They all pleaded Not Guilty, the Leeds Mercury describing their appearance as “very respectable”.

For the Crown, James Alan Park reminded the Jury that they were sworn to “inquire into the matter of blood”. He went on to paint a very picture of the whole of the Luddite disturbances, as if they had culminated in the assassination of Horsfall, a mystification that has been repeated down the years to today. Horsfall was portrayed by him as a family man, giving employment to hundreds of workers, and loved by them almost as a benevolent father figure. Park also placed the anti-Luddite argument central and prominent in his address to the Jury:

“(Horsfall) employed the machinery which was the object of the abuse of these misguided people. I have not the means of making such observations as I have frequently and lately heard made, upon the delusion which has prevailed upon that subject, amongst the lower orders. It has been supposed that the increase of the machinery, by which manufacturers are rendered more easy, abridges the quantity of labour wanted in the country. It is a fallacious argument: it is an argument, that no ma who understands the subject at all, will seriously maintain. I mention this, not so much for the sake of you, or these unfortunate prisoners, as for the sake of the vast numbers of persons who are assembled in this place.”

The Leeds Mercury also captured Park’s words about Horsfall’s character:

“(Horsfall) had expressed himself with a manly warmth against the delusions under which the manufacturing classes laboured, some may think his warmth imprudent, but I am not of that opinion”

Park then went on to relate what had happened on the 28th April 1812. Reflecting on the indictment, Park noted that it accused Mellor of firing one shot – Park admitted that two shots were fired, but said this was ‘immaterial’ – he contended that all three were charged with murder and it did not matter who fired the shots. He went on to say that four men were involved, and that the fourth accomplice – Benjamin Walker - would give evidence for the Crown.

Park related that a vague plan had been hatched in John Wood’s cropping shop, where Mellor, Walker & Smith worked, Wood being Mellor’s step-father. Park contended that George Mellor was the ringleader, and an advocate of assassination, but that Walker was not informed of the plan to shoot Horsfall until 4.00 p.m. on the very day it had been decided to proceed with the plan. The four men were to meet in a plantation belonging to Sir Joseph Radcliffe at 5.30 p.m., as it adjoined the road Horsfall would be taking on his journey home to Marsden from Huddersfield market.

Park then explained he would call another witness for the Crown – William Hall – a fellow cropper who knew of the plans for Horsfall. Park contended that Hall had bought Mellor’s Russian horse pistol, and Mellor had borrowed it from him that day, explaining what he intended to do.

Park also tried to whiten the character if his principle witness by contending that Mellor had threatened to shoot him if he did not take part in the plan. He went on to describe in detail what had taken place, as the witnesses would relate further into the trial.

Park ended his statement of the Crown’s case with a bleak biblical quotation:

“the land can only be cleansed from the pollution it has received from blood, by the blood of him that sheddeth it”.

26th December 1812: General Acland gives suggestions for the fate of Mellor, Thorpe & Smith to the Home Office

Huddersfield 26 December 1812.

My dear Sir.

If thought advisable to execute the murderers on the Spot where the offence was committed, I conceive the bodies may be convey’d to the Infirmary at Leeds for dissection, it will be most acceptable to the Medical Practitioners there—

It is also very probable Medical [men] may easily be found who would come over here for that purpose, but I think no resident Surgeon here could be found to undertake it.

The Infirmary at Leeds strikes me as the most Eligible way of disposing of them — if it is not thought too distant.

I remain Yrs &c
Wroth: P Acland

H. Hobhouse Esqr
Lincoln’s Inn

14th December 1812: The Treasury Solicitor discusses the execution of Mellor, Thorpe & Smith before their trial has even begun

Dear Sir,

In case the Judges should be disposed to order the Execution of the Murderers on the spot where the Offence was committed, it appears to me very material to consider how their Bodies are to be afterwards to be disposed of so as to prevent their being triumphantly buried by their Friends. I lay gibbeting out of the question. The Alternative is, ordering the Bodies to be anatomized. But is there any Surgeon at or near Huddersfield, who would dare to dissect these Bodies? If not, I am very much disposed to think that an execution at York should be preferred. As you are on the spot, you can from the best opinion upon the question I have asked.

I trust the recent Commitments are likely to lead to Convictions. I think a better opinion may be formed respecting James Hey’s Confession, when we see how fars his Conviction will be expedient to fill up the Measure of Justice.

I have to thank you for the Transmission of my Letters, & do not forget that I am indebted to you for the Postage of one of them.

I mean to leave Town on my Road to York, after Wednesday's Post comes in.

I am [etc]
H. Hobhouse
Lincolns Inn
Dec. 14. 1812

[To] Maj. Genl. Acland
&c &c &c

5th November 1812: The Government's law officers sanction the case against George Mellor, William Thorpe & Thomas Smith

On Thursday 5th November, after viewing all the statements and correspondence collected thus far about the case against the three men accused of assassinating William Horsfall, the senior law officers of the government sanctioned the proceedings against them in one paragraph:

The prosecution must go on against all the three Prisoners who have been committed, and Walker must be admitted a Witness for the Crown.—

Thos. Plumer
W Garrow
Lincolns Inn
5 Nov: 1812

4th November 1812: The Stockport solicitor, John Lloyd, seeks a pardon for the informer William Hall

Stockport [near]
Manchester Nov. 4, 1812

Sir

A circumstance yesterday came to my knowledge which will require consideration, and, altho’ you may not deem it of sufficient importance to occupy your attention, it is nevertheless my duty to make it known.

Wm Hall, a principal Witness against the murderers of Mr. Horsfall has declared to me that he was twisted in (as they term it) prior to any outrage being committed by the Luddites in the neighbourhood of Huddersfield by a man of the name of *Bottomley, who took him to the Cross Keys in Huddersfield, along with Thomas Smith, one of the murderers, and there in the presence of Jno Walker+, he administered the oath, which Hall recollects to be the same I read over to him (the common oath) but he can state sufficient particulars from his own memory. Bottomley said they called it twisting-in, as they durst not call it swearing-in. Now at the same time that it is extremely desirable to get at Bottomley, who is the person the Murderer, Wm Thorpe, relies upon to prove an alibi for him, and because Hall says he was at the Head of 10 that were sworn & every one sworn was to swear in a like number & B at the Head, still it wou’d be risquing the credibility of Hall, I fear, to take his Information in writing—Since he did not avail himself of the proviso in Act of Parliament within the limited time—

He feels that he is now obliged to declare every thing but I have cautioned him in this respect till I can know your sentiments—If he is silent it might may not be known by the Counsel who may have to cross-examine him — & it wou’d be singular to question him upon the trial with a view to his criminating himself — It is true that Hall stands already in the situation of an accomplice, in different felonies & in accepting in the murder but he can be corroborated and will be received no doubt — if the taking an unlawful oath and conceiving it will not affect his competency.

Cou’d a pardon now be obtained to him and some of the Witnesses under similar Circumstances upon a complete Confession being given? If this were allowed Bottomley may be fixed for the oath, and Hall corroborated & confirmed by the Landlord or some others of credit seeing them together.

You will perhaps honor me with your advice in a day or two addressed to me at Stockport.

I will endeavor to send my observations upon the Cases for trial herewith & trust you will not be offended at the Liberty I shall take in making remarks, which will naturally arise to be made by those more competent before whom they will have to be placed.

As I understand it will be suggested to the Secy of State by Genl. Maitland to send the Treasury Solr. down to make up & select the Cases for Prosn at York, I venture to offer a journey to Town to prevent that trouble, if inconvenient on the one hand, or at all advantageous to the Solr. on the other.

I have [etc]

J Lloyd

[To] J Beckett Esqr.

*The same whose Examn I have transmd taken in defence of Thorpe
+now at York Castle

24th October 1812: General Acland informs General Maitland there is more evidence against Mellor, Thorpe & Smith

Huddersfield 24th October 1812.

My dear Sir,

More strong Evidence has come out against Mellor, Thorpe & Smith, & I may venture to say without appearing too sanguine, that this case is now complete.

Lloyd had made out a commitment to the House of correction at Wakefield for Walker (the Kings Evidence for this case) & asked if I approved it, to which I replied it was impossible for me to give an opinion about it—& I declin’d doing so—on this he spoke to Mr. Ratcliffe, & said he should wave it, & now write to the Secretary of State for instructions as to disposing of Walker.

I hope you will think that I have [done] right.

I knowing your opinion respecting Barrowclough's commitment I concluded of course you would not approve Walkers, & in fact from Lloyds giving up the point, it shews he only wanted my sanction to hear him out—

Three men are this day committed to York — William Thornton, Mark Hills, and Rigge for being present at Cartwright’s Mill & the breaking of Vickerman's shearing frames.

Wroth: P: Acland

[To] Lt General
The Rt Honble
T. Maitland

24th October 1812: The Stockport solicitor, John Lloyd, informs the Home Office that the Horsfall case is going well

The former cropping workshop of John Wood, at Longroyd Bridge, where John Lloyd interviewed staff on the evening of 23rd October 1812 (date of photo unknown, but taken prior to demolition in 1891)

Milnsbridge near Huddersfield
24 Oct 1812

Sir

When I wrote from home I did myself the honor to acquaint you that things were going on very well with respect to the discovery of the murderers of Mr. Horsfall and apprized you of my having apprehended Walker was likely to impeach; and most happily that has taken place. Mr. Allison will send you such copies of Examinations as cou’d be got ready. We last night went amongst the workmen in the Shops where the murderers worked, and I straight examined every man to prevent their proving alibi which I had reason to apprehend they wou’d attempt – but now that is entirely out of the question — for their Examinations are now before me or rather minutes of what they stated and from which they cant here after alter. One man called Allison aside & his Examination has been taken before Mr. Radcliffe privately this day before Mr. Ra very important indeed! for he confirms the whole — and we can have no doubt of being able to convict all three, for as to one he must be admitted Evidence for the Crown

Numbers of ring-Leaders of the Luds are now discovered and some already sent off—Mr. Radcliffe has been very attentive & much of his time taken up, which he chearfully submits to

I have [etc]

J Lloyd

[To] The Under Sec.y of State
&c &c

24th October 1812: The authorities leak information to the press about the Horsfall arrests

On Thursday 24th October 1812, a letter was sent to the Courier newspaper about the arrests made for the shooting of William Horsfall, and which was subsequently published on 29th October. It took a further 9 days for it to appear in any local press, eventually surfacing on 7th November in the Leeds Mercury.

The letter, which is featured below, was clearly written by some person or persons very familiar with the cases of George Mellor, William Thorpe, Thomas Smith and Benjamin Walker. It contains information present in the statement of Benjamin Walker, which must have been known to only a handful of people. The most likely suspect behind the letter must be the Stockport solicitor, John Lloyd. He had been known to publish items in the press in the past, which had greatly annoyed General Maitland.

There seems to have been an effort to prejudice the case by placing information in the public domain, especially as it contains errors, which I will illustrate below. The names are redacted in the original, but I have added them (in square brackets) where it is obvious from the relevant statements obtained by the authorities who they are meant to be:

To the Editor of the Courier.
Huddersfield, Oct. 24.

SIR.—A very important event happened here on Thursday last, of which as the Leeds Mercury of to day does not appear to have any information, I hasten to communicate the intelligence through the medium of your paper.

A man has been taken up and examined before that indefatigable Magistrate Joseph Radcliffe, Esq. and has at length received the offer of his Majesty's pardon, and given the most complete and satisfactory evidence of the horrible murder of Mr. W. Horsfall. In consequence of this, the whole of the wretches concerned in that dreadful transaction, have been taken committed to York Castle, to take their trial at the ensuing Commission of Assize.—He was with the party (four in number) when Mr. Horsfall was shot.

They were furnished with loaded pistols by [George Mellor] who ordered them to take their stand in the Plantation on Crosland Moor. Two others soon after joined them, and took their station about twenty yards below them. When the unfortunate Gentleman came up, two fired. They then all fled across the fields, and [George Mellor & William Thorpe] damned them all the way for not firing their pieces. Two ran forwards to Honley, four miles off, and two more stopped at a place called Dungeon Wood, and hid their pistols at [Joseph Mellor]’s house there, in some flocks—left their great coats, and ran immediately in their jackets to Huddersfield, where the news of the murder had but just arrived. The next morning they all four met at the work-shop of their employer (a cropper) and [William Thorpe] produced a Bible, and made them all swear not to betray each other.

The villains have frequently been examined before, but have always been discharged for want of sufficient evidence. One behaved with the greatest effrontery till he saw —, and then he changed colour and gasped for breath! When he came out, he said, “Damn that ______, he has done me.”

It appears [George Mellor] and [William Thorpe] have been Chiefs in all the disgraceful transactions that have occurred in this part of the country the last twelve months, especially at Rawfolds, where the former was Captain of the gun-division, and the latter of the pistol. ______ has thus made discoveries which will lead to the detection of a great number of these offenders, and, it is hoped, ultimately restore the West-Riding to its former tranquillity.

Most the information is clearly from Benjamin Walker's statement, although the information about the pistols being hid at Joseph Mellor's house is from the statements given by him and his household.

The fourth paragraph - about the confrontation between the informer [Walker] and his former comrade appears nowhere else in any evidence. Brooke & Kipling (1993, p.48) point out that it cannot be George Mellor, as he had already been committed to York Castle before Walker was arrested. There is a possibility that it is William Thorpe, but it seems unlikely because of the strong denials Thorpe had given in his statement and subsequently at his trial. It seems unlikely then, that if such a confrontation had taken place, that it would not have been brought up at trial, which it wasn't.

23rd October 1812: The solicitors Lloyd & Allison visit John Wood's cropping shop, and a new informer emerges

John Wood's cropping shop, in a photorgaph before demolition in 1891.

In the evening of Friday 23rd October 1812, the two solicitors at the heart of the opposition to the Luddites in West Yorkshire took the bold step of visiting the workshop that was fast becoming, at least in their minds, the headquarters of Luddism around Huddersfield.

John Lloyd from Stockport and John Allison from Huddersfield visited the workshop of John Wood, the step-father and employer of George Mellor, to question all the others who worked there. Before they left one of the croppers, Joseph Sowden, took Allison to one side: it is not known what was said, but Sowden subsequently swore a statement the following day before Joseph Radcliffe at Milnsbridge House.

Sowden deposed that at 5.00 p.m. on the day of William Horsfall's shooting, James Varley had told him that George Mellor, William Thorpe, Thomas Smith & Benjamin Walker had gone to lie in wait for Horsfall in order to shoot him. He went on to say the he learned of the shooting at 7.00 p.m. from a colleague, William Walker, and that 30 minutes later, he saw George Mellor in Wood's kitchen. A couple of mornings afterwards, Sowden said that William Thorpe had come to him in the workshop and made him swear an oath of secrecy on a Bible:

The purport of it was that if I revealed any thing concerning the Murder of Mr Horsfall that I should be put out of existence and should be pursued with unceasing vengeance to the verge of nature or something to that effect

Sowden said George Mellor came in at the end, and that afterwards, Thorpe brought in Thomas Smith, Benjamin Walker, John Walker, William Walker, William Hall and James Varley - Sowden said that Thorpe made him administer the oath to all of the others on pain of death.

Sowden went on to say that all of those accused of shooting Horsfall had 'related to me the circumstances attending it with a degree of exultation'. His statement does not contain any of those details that he said were related - Lloyd and Radcliffe were clearly satisfied that they had another witness and that was enough.

22nd October 1812: General Acland tells General Maitland he is 'pretty sure of hanging' Mellor, Thorpe & Smith

Huddersfield 22nd Octr 1812.

My dear Sir,

I send you a copy of Walker's Examination & also of William Hall's The first is full & conclusive against Mellor, Thorpe & Smith, & with the collected Evidence before we are pretty sure of hanging them—

Smith & Thorpe will be sent to York Castle to-morrow—

I sincerely congratulate you on the development of this business & also that we shall get into that of Cartwrights Mill, which you will see by the Evidence we are in a fair way of doing—

Colonel Clay writes that he takes it for granted the troops in Barracks at Manchester are to be consider’d on the footing as hitherto with request to Camp allowances — In reply I have told him, I was not prepared to give a decided answer, but would communicate with you—

In the mean time I have strongly recommended him not to [illegible] to be done, as I was confident it would not be allowed at the Horse Guards for the Camps having broken up there can be neither reason or necessity for doing so—

I have also desir’d to Hamilton to write to Captn Mackay on the subject.

In my anxiety to anticipate your wishes, I trust I have not err’d & that you will not disapprove what I have done.

Clay fears the late bad weather will be severely felt by the Berks & Louth on getting into quarters, but if their Commanding officers are attentive to the men I think we have nothing to apprehend

The Liverpool men return’d this day, after having been through the whole country from hence to Halifax, Rochdale, Manchester Stockport Ashton &c — every where they state people are not only shy of them as strangers, but of each other; they have gain’d no information of any consequence & every thing appears quiet as far as they can ascertain—

In consequence of this I have paid them up, with their expenses to Liverpool, & sent them back, as it is a very unnecessary expense detaining them—

I have now no one with me, for Richardson I hope will soon arrive, & then a communication will be open with the men here & at Wakefield. I have also desir’d the Guinea a week to Smith & Downes to be discontinued—notwithstanding this the charges will be heavy this Month, as there were many arrears to pay up—after this they will be scarce any thing

Wroth: P: Acland

[To] Lt General
The Rt Honble
T. Maitland

20th October 1812: John Lloyd tells the Home Office that his policy of informers & abduction is having results

Stockport 20 Oct 1812

Sir

I was yesterday detained the whole of the day with Mr. Radcliffe at Milnes bridge and prevented writing to you by examinations engaging me. The hint I gave in my last was relating to a circumstance that had been commend to me by a respectable merchant in Huddersfield, just before I wrote, that he had been applied to for advise in consequence of a woman of the name of Walker wishing to know what was best to be done to save some of the murderers of Horsfall for she was apprehensive that the persons in custody under that charge might impeach those at large, & it was from that inferred, that she was interesting herself for her own Son Benjamin Walker who had been in custody under suspicion. As the woman did not act up to a promise she made I apprehended her Son in the night, since which sufficient intimation was given, as coming from her, that a Wm. Thorpe was anor. he had been also in custody — & yesterday I had him apprehended again This woman has declared to her friend with whom she advised that Mellor & Varley already at York, and said Walker and Thorpe were the four murderers but that Mellor alone fired both pistols. I apprehended the woman & strictly examined her but she denies all knowledge & denies ever having said so. I have not been put at liberty at present to produce my Informant her friend; but he has consented after certain arrangements — and he made himself certain almost that he cou’d produce the effect upon the woman's mind this very night & then he will not have to appear at all. In the mean time I have run away with one of the Witnesses to prevent her being tampered with and have placed her in my own House where she will more fully and freely give her Examination —If any thing very material occurs before I return to Huddersfield Mr. Alison will communicate it to you.

I found out the person to whom the Information had been from time to time given by watching Mrs. Walker to his House – & I have in consequence brought him forward – but cannot at present publicly.

I have [etc]
J. Lloyd

[To] J. H. Addington Esqr

19th October 1812: The cropper, William Thorpe, is examined by Joseph Radcliffe

On Monday 19th October 1812, another West Riding cropper swore a statement before Joseph Radcliffe.

William Thorpe had already been put into the frame as being involved in the assassination of William Horsfall at least 9 days ago, when some of Joseph Mellor's household were clearly being asked questions about him, and whether or not he was the 'stranger' who accompanied George Mellor to the house. The only statements sworn that day that mention Thorpe are those of the apprentice John Kinder - who said he 'does not know William Thorpe' - and Joseph Mellor - who says that the cropper James Varley had called on 29th April and asked for a Blue Jacket which 'belonged to Thorpe', which Mellor said he gave him. This suggests that Thorpe's name was being put forward by someone else, but who is not clear. We do know that Thorpe's name appears in Francis Vickerman's first letter to General Acland on 28th August, and Thorpe's own statement reveals that he had been taken up for questioning before on at least one occasion.

Thorpe began his statement by making it clear that he remembered the day Horsfall was shot: he worked at the time for a Mr Fisher of Longroyd Bridge, and said he remained at work that day until 8 or 9 p.m. in the evening before going home. He had been in the dressing shop at work when someone came in and told him the news about Horsfall. Thorpe said that the men he was working with thought the news 'shocking and sudden'.

Thorpe admitted to owning a Blue Jacket, but only in June, several weeks after the assassination. His father had bought the cloth, and he used a Tailor to make it for him. He also denied seeing James Varley on the day of the assassination - in his statement, Joseph Mellor had said Varley had called at his house the day after the assassination to retrieve Thorpe's Blue Jacket, whereas Varley's statement never mentioned Thorpe or the Blue Jacket at all. Thorpe said he received the bill for the Jacket 2 months after it was made, and the statement suggests he produced it as proof at the examination (having looked for and found it 'since I was last in custody', indicating he had been asked about this on a previous occasion). He sold the Jacket in the same week as the York Summer Assizes, saying it did not fit him properly: a man called Samuel Booth of Huddersfield bought it from him for £1, 1s. Thorpe also denied lending the Jacket to anyone else at any time.

Names were then mentioned to Thorpe: he said he knew Benjamin Walker, but counted him as 'no particular acquaintance' and said the last time he was in company with him was 'last week when we were in custody together'. He also admitted to knowing Thomas Smith, a former apprentice to John Wood, for whom George Mellor worked. Thorpe also said he knew George & Joseph Mellor, & James Varley. He denied being in their company in the days surrounding the assassination of Horsfall. He went on to say he had met Joseph Mellor with a fellow cropper William Brooke the Sunday after Horsfall was shot (3rd May 1812), but they did not talk about the assassination and Thorpe was adamant he had not borrowed 'either gun or pistol' from Joseph. Thorpe & Brooke had walked that day to the house of a man called Luke Bradley, by whom Thorpe had been promised some Butter. Bradley was not in and they called at Mellor's on the way back. This revelation could only have made Radcliffe more suspicious, for Bradley had been named by Francis Vickerman as being a 'leading man' among the local Luddites.


The statement is relatively mundane, as it deals exclusively with such domestic details, and is an effort by Thorpe to prove he was elsewhere at the time of Horsfall's shooting and deny parts of the statements put forward by others.

Unlike with William Thorpe, there is no evidence that either Thomas Smith or George Mellor even so much as opened their mouths to say one word to either Radcliffe, Lloyd, Acland or Allison. Unlike Thorpe, they did not even seek to deny the claims put to them: for them the Luddites Oath was, as they had sworn, inviolate - this Omertà was absolute.

11th October 1812: General Acland updates General Maitland about the Horsfall suspects

Huddersfield 11 October 1812

My dear Sir

Enclosed I send you the Substance of the report of the robberies committed in the neighbourhood of Halifax on the night of the 7th Inst

I think we are now getting close to the murder of Mr. Horsfall & there is great reason to believe that George Mellor who I mentioned in my letter this morning, & ____ Thorpe were two of them – as far as Depositions of Joseph Mellor (who lives under Dungeon Wood) his wife & two apprentices go, the Evidence is very circumstantial, but nothing sufficiently direct to convict – but more is likely to come out in the examination of a man by name Varley, who will be brought up again to-morrow, he is very reluctant, though he certainly knows a great deal about it, & there is sufficient to commit him as an accessory after the fact, if he will not speak out — I hope to be able to make a favorable report to you tomorrow, but you are well aware how extremely difficult it is to extract any thing like good evidence from the people who are brought forward as witnesses.

Mr. Ratcliffe has issued three Warrants this Evening for the apprehension of three men at Holmfirth for felonies arising I believe out of Bates’s information, but I have nothing more at present—

Captn McDougal is now placed at Stayley bridge, & writes that the country thereabouts has not been so quiet for a long time as at present. He further says he hears a number have untwisted during the last week at Stockport, but has Lloyd is not returned, I am not prepared to state it as authentic—

M-General Dirom writes that he should proceed to Scotland as this day—

M. General Dirom has forwarded for Colonel Clay some papers relative to a complaint of the [illegible] Master Serjeant against & a Captain of the Carlow, but as Colonel Clay does not appear to have sufficiently investigated the nature of the Complaint, I mean to return them as in their present state, they will not be sufficiently satisfactory to you to take any steps in the business

Clay has also forwarded some others about Recruits of the Louth but in so slovenly a way, that they cannot be sent up, & I must return them — I trust you will not [that] I can taking too much on myself in your absence by doing so, I am certain you would do the same, & I wish to save you trouble on your return by the circulation of papers which if sent in a regular [post] I can as well forward to the Horse Guards during your absence

Wroth P Acland

[To] Lt General
The Rt Honble
T. Maitland