6th August 1814: "You are a damned Luddite, and back the Luds."

The Leeds Mercury of Saturday 6th August 1814 carried an article about a case at the recent York Summer Assizes for an assault. The case is interesting because the plaintiff used the argument that he had been accused of being a Luddite as an aggravating factor in the assault, with the Judge ultimately agreeing with him. Also noticeable is the anti-semitism on display. This may have been the first recorded use of the term 'Luddite' as an insult outside of a newspaper editorial.

SUMMER ASSIZES.—YORK CASTLE.

NISI PRIUS.—CLAY v. BURMAN.

This was an action for an assault.

MR. SCARLET stated, that his client was a respectable linen-draper, in Huddersfield, and that the defendant was a commercial traveller. It happened that these parties met at the King’s Head inn, Huddersfield, when some conversation having arisen respecting some articles bought by the Plaintiff off a Jew pedlar, the Defendant abused these Jew traders in the grossest terms, and at length proposed that the Israelite should be sent for into the room, that the company might have the pleasure of abusing him to his face. This was opposed by Mr. Clay, as scandalous and improper, which opposition brought upon him the resentment of Mr. Burman, the defendant, who, in a scoffing tone, enquired how his friend Major Cartwright did, adding that he looked well when he was in the carriage with him. Though this was meant as an insult to the plaintiff, he received it with perfect good humour, and replied, that he believed the Major was in very good health, and that he thought himself honored by being in his company. The Defendant, disappointed in this attack, turned upon him and said, "Why Clay, you know you are a damned Luddite, and back the Luds." The plaintiff felt this as a most false and gross imputation; it was, in fact, charging him with the greatest of crimes. To this slander, he replied in terms, which perhaps most persons would have been tempted to use on a similar provocation, and said,—"You are a damn’d lying scoundrel." The defendant, apparently not moved by this language, coolly lay down his stick and said, "My rule is, when a man calls me a liar, to give a knock on the face; upon which he went and struck the Plaintiff a violent blow over the face. This blow the learned Counsel admitted was returned by this client. After this, a Mr. Dobson interfered, who attacked the Plaintiff, and having got his head fixed against his breast, the Defendant, in that situation gave him a doubler.

MR. SCARLET called several Witnesses, who proved the above facts, and which it is not necessary to repeat.

MR. TOPPING spoke in mitigation of damages, but called no Witnesses.

His Lordship said, this appeared to be a mere ale-house quarrel, an assault, however, had been proved and the imputation upon the defendant of being a Luddite, was certainly calculated to excite a considerable degree of indignation; and those who know the nature of the disturbances in that part of the country, would be aware, that it was accusing him of being an extremely bad and dangerous man. The assault had been proved, and the only question for the Jury to consider would be, the amount of damages.

Verdict the Plaintiff Five Pounds.

21st January 1813: The Gaoler of York Castle writes to the Home Offfice about the late executions

York Castle _ 21 Jany [1813]

Mr Beckett
Sir

I beg to Acknowledge the Receipt of your Letter this morning, from which I am sorry to find that no Information has been forwarded to Lord Sidmouth or Yourself relative to the Executions of the 17 Unhappy men, 14 of whom Suffered last Saturday, three also Suffer’d on Friday the 8th Inst for the Murder of Mr Horsfall, the Account given generally the Executions in the Publick Prints are nearly Correct, except in the Instance, where the Leeds Paper States that the three Murderers Confess’d their Guilt, they by no means did so for when the Revd G Brown the Chaplain urg’d them to Confess at the Fatal Tree, they requested him not to Put any Questions to them and they were Immediately launch’d into Eternity,—

As to the other 14 men, they all Confess’d their Guilt, and Acknowledged the Distress of their Sentence, and did all true penitents, from the time of that Awfull Sentence being pass’d upon them, they never Ceased from Using their last Efforts to Obtain forgiveness from God, And I have a pleasure in Adding that during the Course of 22 Years that I have been a Witness to Such Cases, I never Saw more Sincerity in Repentance of Prisoners, than in the last 14 who Suffered, the Immense Number of People that Attended upon that Occasion was great indeed.

Attendance of both Foot Soldiers, as also three Troops of Dragoons Added to the Solemnity of that Awfull Scene, and must also had a Serious and proper Effect upon the publick mind, and I trust and do most Sincerely hope that this sad (but necessary) Example will induce those wretched and Ill advised persons in the West Riding to Consider the fate of the late Comrades, and induce them to return to the parts of Peace & Honesty,—

As to any information given by the prisoners during the time they were under Sentence of Death, Nothing Whatever to my Knowledge transpired, except, the Robbery of Balm Mill near Cleck Heaton the prisoner James Hey Confess’d that he and J. Carter who was an Evidence for the Crown, was the two persons who did Commit that Robbery,—

Upon the liberation of Joshua Haigh a Soldier in the 51st Regt of Foot (which you will perceive by the Calendar) he Informed me that one of the Murderers with whom he had formerly Slept, had Communicated to him the place where a Quantity of Guns, &c &c were deposited, & Could be found in the Neighbourhood of Huddersfd, in Consequence thereof I spoke to Genl Maitland and he dispatch’d a party with Haigh in Search thereof, but whether or not they Succeeded in finding them I have not been Obliged to learn,

My Extra Care and duty have been for Sometime very laborius, as also Expensive to me – by Additional Servants &c, which I have Stated to Mr Hobhouse a few days Ago, and I Should hope will in Some Small degree be Consider’d, having I flatter myself fulfill’d my Office to the Satisfaction of Government and the County at large,

I Remain Sir with respect
Yr Obt Hble Sert
Wm Staveley

B—Since my Writing the above I have Seen the Revd. G. Brown, who informs me that during his Visits to those Unforte Men, he put this Important Question to them “viz — In this Society formed by you and others, was there, or not, any Persons of high Station in Life Connected,—the Answer was NO, the Reason of the Chaplain Asking that Question, was owing to the Circs of Some of those men having Money paid weekly to them, as my Report,—

W.S.

16th January 1813: Hymn - 'Behold the Saviour of Mankind'

Behold the Savior of mankind

Nailed to the shameful tree!

How vast the love that Him inclined

To bleed and die for thee!

Though far unequal our low praise

To Thy vast sufferings prove,

O Lamb of God, thus all our days,

Thus will we grieve and love.

Hark, how He groans, while nature shakes,

And earth’s strong pillars bend;

The temple’s veil in sunder breaks,

The solid marbles rend.

"’Tis done!" The precious ransom’s paid,

"Receive My soul," He cries!

See where He bows His sacred head!

He bows His head, and dies!

But soon He’ll break death’s envious chain,

And in full glory shine:

O Lamb of God! was ever pain,

Was ever love, like Thine?

Thy loss our ruin did repair;

Death by death is slain;

Thou wilt at length exalt us where

Thou dost in glory reign.

According to both Leeds papers, the Luddite John Walker led his 6 comrades in singing this hymn prior to their execution on Saturday 16th January 1813. The Leeds Intelligencer of 18th January 1813 said that the second group of Luddites hanged that day also sung the hymn.

The words to the hymn were written in 1700 by Samuel Wesley senior, the father of John & Charles Wesley, who went on to found the Methodist Church. The tune most closely associated with this hymn is 'New Britain' (the tune that accompanies 'Amazing Grace'), but this was first published in 1829, and is not contemporaneous with 1813. Another tune associated with the hymn is 'Martyrdom', written in 1800 by Hugh Wilson, and it seems most likely that this may have been the tune the Luddites sung the words to.

Examples of Methodist songbooks on the internet, the oldest being published in 1816, show a version of the hymn omitting the second and sixth verse.

15th January 1813: The condemned Luddites pray in the Chapel at York Castle

The York Herald of Saturday 16th January 1813 carried a brief article about the condemned Luddites on the night before their scheduled execution:

Yesterday, an appropriate discourse was delivered by the Rev. G.Brown, to the fourteen unfortunate prisoners who are to be executed this day, in which he energetically enforced the necessity of each of them preparing themselves for a future world; the text was from the 15th chapter of St. Paul’s 1st epistle to the Corinthians and the 33d verse,—“Be not deceived, evil communications corrupt good manners.” The behaviour of the criminals was truly becoming the unfortunate situation in which they were placed, and each evinced a degree of regret to the crimes they had committed. We cannot, however, omit mentioning, that many of their relatives, who were present in the Castle yard, were deprived admission into the Chapel, by order of the Magistrates.

11th January 1813: Henry Hobhouse reports concerns about security at York Castle to the Home Office

Private &
Confidential

York
Jan. 11. 1813.

Dear Sir,

Having learnt last night Mr. Cartwright that four of the Prisoners convicted on Saturday could probably give Information respecting the Places where arms are concealed near Huddersfield, I have considered it very important that they should be kept separate from the other Prisoners & from each other, & have therefore applied to the magistrates for that purpose, who have promised that as soon as the Gaol is cleared of the great Number of Prisoners now there my Application shall be complied with.

The other Point I yesterday alluded to respecting the Gaol was the Facility of Communication between the Felons & the Debtors & all persons who enter the Castle for the purpose or under the pretence of visiting the Debtors, the Fact being that the Court, in which the Felons walk, is only separated from the Area of the Castle, in which the Felons what, by two sets of iron Railing a few Feet from each other, through which not only any Conversation may be held in a low Voice, but any Articles of small Bulk may be conveyed either in or out with the greatest Facility. In illustration of this Position I beg leave to inclose a Copy of a Letter lately written by George Mellor the Murderer, which I think I may assume that no Gaoler would suffer knowingly to come out of his Gaol. I have received a Promise from the magistrates that these means of Communication shall be speedily prevented.

I sent for Cartwright last Night after I wrote to you, & told him that if he thought that his Interference on behalf of the Prisoners would be serviceable to him, I saw no Objection to any Application from them passing through him, although his Recommendation would be received as that of an individual & not of a Prosecutor. He very manfully said he had no Wish to do any Thing that should appear to curry Favour with the his Enemies.

I understand that Blackburn the Attorney saw his Clients yesterday, but that none of them were then inclined to make any Disclosures.

Baron Thomson sent his Clerk to Mr. Park this morning to say that the Judges did not mean to receive any Applications from mercy, but to leave the Discretion entirely with the Secretary of State.

To day we have tried two Cases, viz. one Indictment agt.

Joseph Brook

for Burglary at the dwelling House of Benjn Strickland; & another against

Job Hey
John Hill, &
Wm. Hartley

for the like offensive Geo. Haigh’s at Skircoat. In the former Case the Evidence was rather weak as to the Identity of the Prisoner, but his Counsel did not think fit to rely on that Weakness, but set up an Alibi which was completely blown up. The Judge however (Baron Thomson) summed up for an Acquittal, & the Jury found a Verdict accordingly, although they disbelieved the Alibi.

The second Case was one of stealing Arms, in which we obtained a Verdict against all the Prisoners.

We mean to try only one more case, & shall finish about noon tomorrow; after wch I propose leaving York as soon as I find I can be of no further use here.

I recd your letter this morning, & am happy to find that Lord Sidmouth approves of the course pursued with regard to the Bulk of the Prisoners.

I am
Dear Sir
Yrs most faithfully
H. Hobhouse

I send you a York Paper of this day. The Sentence of the Murderers, the Paragraph respecting Joshua Haigh & others, & the Extracts from Mr. J. LeBlanc’s summing up in Rex v. Haigh were inserted by my Directions.

[To] J Beckett Esq

10th January 1813: Henry Hobhouse writes to the Home Office about executions & pleas for mercy

Private & Confidential

York
Jan. 10. [1813]

Dear Sir,

Park has been with Mr. Justice LeBlanc, & conversed with him (in the absence of Baron Thomson) on the Subject of the Executions. He says it is probable that when they have attentively considered the Cases, & decided on the fittest Cases for Execution, they will order the Executions to take place at an early Period than usual (as they did at Lancaster), but not without allowing a sufficient Interval for the Convicts to make an application to the mercy of the Crown, if they shall think fit. But they have not yet made their minds up on the Subject. He added that if there had been no Conviction for Murder, they would probably have accelerated the Execution of some of the other Offenders, but that they consider the Impression made by the Execution which has already taken place, to render it less necessary to make another very early Example.

One of the men convicted yesterday sent to Cartwright afterwards to bargain for his Recommendation for mercy upon the Terms of making a full Disclosure. I told Cartwright that the only Language he ought to hold on this Head should be, that the only Hope of mercy was in an ample Confession, but that it was impossible for any one here to give the slightest Assurance that Mercy would be the Effect even of Confession. I have since seen Mr Blackburn the Prisoner’s Attorney in the presence of Mr. Park, & we both held the same Language as I have above expressed. I further told him that in these Cases the application must be to the Crown, & not the Prosecutor, for that the Prosecution having been taken out of the Prosecutors Hands by Government, his Recommendation would not be of any greater Weight than that of any other Individual. I promised to transmit to Ld. Sidmouth any Petition which may be put into my Hands while I remain at York, & Mr. Park advised him to expedite any Discovery which any of the Prisoners my propose to make, on, Account of the Probability of the Judge’s ordering as speedy an Execution as they had done at Lancaster.

Mr. Williams the Barrister, who has been Counsel for some of the Prisoners, has told Mr. Park that he is convinced there is a Depot of Arms somewhere, & Blackburn admits his Belief that it contains 400 Stand. This is the most important Fact that can be expected from Confession. But I feel some Doubts, whether any of the Convicts except the Murderers, are likely to be in possession of the Secret. From them I do not find that any material Fact was obtained, & I must apprize Lord Sidmouth that in the State of this Gaol it is scarcely probable that there should be a Confession in any case. He will be astonished to learn that in this great County, the Gaol contains but one condemned Cell. Here the three murderers were placed together, giving Countenance to & upholding each other of course, instead of leaving each Individual to the Workings of his own mind, & fitting him for making his Peace with God & the best Reparation in his power to the injured Laws of his Country. There are other points in which this appears to me to be a very ill-regulated Gaol, upon which I shall probably trouble you with a Letter, if I do not find that the Observations which I have made on the Subject to some of the magistrates are likely to be attended with good Effect.

I hope we shall finish on Tuesday, & shall be very happy to find that Lord Sidmouth approves as much of our whole Proceedings as I learn by your Letter just received that he did up to Wednesday Eveng

I am
Dear Sir
Yours most faithfully
H. Hobhouse

If you have seen the Leeds Mercury of yesterday, you will observe it to be stated that the Jury recommended to mercy Smith the Murderer. There being no Truth in this, I have directed a contradiction of it to be inserted in the York Paper tomorrow, as well as of the Statement in yesterday's York Herald that a long List of Men have been acquitted, who have not been tried.

[To] J Beckett Esq

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.

19th December 1812: General Acland informs the Home Office about the suspects committed for the recent robberies

Huddersfield 19th December 1812.

My dear Sir.

I had in part anticipated your wishes previous to the receipt of your note to the 15th Inst—

But the cases were thought so good against

William Hill

Joseph Crowther

Job Hay

William Hartley

Nathan Hoyle

that they were committed yesterday and are gone this morning to York Castle.

Mr. Lloyd told me previous to commitment the cases were so strong, he should have no difficulty in going to trial at any time. The most doubtful case I apprehend to be Hoyle’s. The others acknowledge generally or in fact.

James Hay & [Carter] are committed to Wakefield, [Carter] is admitted on Evidence—Hay seems not only willing to speak out, but certainly can give much information, however whether it may be advisable to allow it now or after conviction Mr. Hobhouse will be the judge, to whom Mr. Lloyd rights by this Post & sends up the examinations — from whom you will therefore get particulars now fully detail’d, [till] I am enabled to do—

Three others are recommitted for further examination on Monday, but as far as any opinion can be form’d at present, it is most probable they will then be discharg’d—

I wrote to General Maitland on Thursday, but as I find he was to leave London yesterday, I take the liberty of sending you for Lord Sidmouth’s information a copy of my letter with an enclosure—

But as General Maitland during his stay in London is in daily communication with you, I consider’d it more regular to correspond with him, than to intrude myself unnecessarily on Lord Sidmouth or Yourself.

believe me My dear Sir
Yrs most faithfully

Wroth: P: Ackland

[To] J. Beckett Esqr
&c &c &c

19th December 1812: The Leeds Mercury reports the committal of a new suspect in the Deighton & Fartown robberies

The Leeds Mercury of Saturday 19th December 1812 reported that a shopkeeper from Elland called William Hanson had been arrested and committed to York Castle for taking part in the robberies at Deighton & Fartown on 29th November 1812. The 'To Correspondents' section of the same paper noted that one of Hanson's relatives had written to state that the person swearing the oath that he was involved had committed perjury, but stated the paper wanted to correspondence to discontinue as 'if that be the case, his innocence will speedily be established'.

16th December 1812: John Beckett of the Home Office informs General Acland of the date for the York Special Commission

Whitehall
16 Decr. 1812

My Dear Sir

I trouble you with a line to mention that the Commission will be opened at York on the 2d Janry.—I shd fear the Cases of the late Robberies at Huddersfield will not be in a fit state to be tried by that time—If not, and I think you could ascertain the point—I should prefer the Men, of whose names I believe you know, been committed for further Examination — to some place of safe Custody, rather than committed finally to York Castle for Trial — wh has been too much the Practice already — perhaps you would be as good as to suggest Something of this sort to Mr. Radcliffe as from yourself if you shd find it necessary — If the Cases — & the Evidence to commit upon them were properly prepared & strong enough — there could be no Objection to their being tried at York — but this at present I hardly conceive to be possible — Do favor me with a Line —

I enclose you an Extra [Garnette] full of Russian triumphs

Yrs faithfully
J. Beckett

[To: General Acland]

12th December 1812: Two suspects are committed to York Castle for the original Luddite raids in the West Riding

The Leeds Mercury of Saturday 12th December 1812 reported that two suspected Luddites had been committed to York Castle for some of the early raids in West Riding in March 1812.

James Dyson, a cropper from Longroyd Bridge, was committed for having been present at, and aiding and assisting in the attack on the premises of Messrs Sykes and Co. at Linthwaite in the early hours of 6th March 1812.

John Walker, another cropper from Salford (near Huddersfield), was committed for attacking the buildings and workshops of Francis Vickerman, at Taylor Hill on 15th March 1812.

5th December 1812: Samuel Harling is committed to York Castle for threatening Joseph Radcliffe

The Saturday 5th December edition of the Leeds Mercury carried the following item reporting the committal of Samuel Harling, who had been taken up recently:

Since our last were committed to York Castle, Samuel Harling, late of Crossland Edge, in the West Riding, hawker and pedlar, charged upon the oath of Thomas Selly, of Stockport, in the County of Chester, Bailiff, with having threatened the life of Mr. Radcliffe, a Magistrate.

30th November 1812: 'A Soul is of more value than work or Gold' - George Mellor writes from York Castle

I now take the Liberty of informing you that I am in good health as by the Blessing of God I hope they will find you all Pl. to give my respects to my cousin and tell him to stick fast by what he [swore] the first time before Rattiffe and I hope his wife will do the same, that I left there house before five oClock and I did not leave any thing at their House and if the Boy swore any thing tell my Cousin to contridict him & say he told him a different Storey that there had been a man and left them & he did not know him and as for the Girl she cannot sware any thing I know that will harm me and tell the Boys to stick by what they said the first time if not thy are proved forsworn tell him and his wife I hope they will befrend me and never mind thier work for I if I come home I will do my best for them Remember a Soul is of more value than work or Gould— I have heard your are Potitioning for a Parlimenter Reform and I wish thees names to be given as follows — G.M. Mark Hill James Haigh Josh Thornton Wm Thorp Geo Rigg Saml Booth John Hogdin C. Cockcroft Jas Brook Jno Brook Geo Brook James Brook C.Thornton Jonathan Deane Jno Walker Joshua Schorsfiend Jno [Schersfield] Thomas Smith James Starkey — Anthony Walker Joseph Greewood Thomas Green Benjamin Sigg Geo Ludge Wm Hodgson Geo Brook William Barnard Geo Beamont David Moerhouse William Whitehead Joseph Fisher Jon Batley Jon Lum Jon Shore Benjamin Hinchliff Geo Hanlin Jon Laild Jon Fawset James Whitehouse give my respects to all enquiring Friends and acccept These few Lines from your Friend—

[To] Mr. Thomas Hellice
Wool Stapler
Lockwood
Nr Huddersfield

[Post Mark York 30th November]

---

This letter from the cropper George Mellor was smuggled out of York Castle and posted from York on 30th November 1812, before being intercepted by the authorities, presumably at Huddersfield since it bore a York postmark. It is one of a very small number of letters known to be written by an identifiable Luddite (another earlier one being from the Nottinghamshire Luddite William Carnell to Judge Bayley).

George Mellor clearly thought his best chance in the trial he was facing lay with his cousin Joseph Mellor and others in his household sticking to the version of events they had given to Joseph Radcliffe previously. Of interest is his comment that the evidence of 'the Girl' (i.e. Mary Dyson) could not harm his case: by this time, Dyson had left the household of Joseph Mellor in mysterious circumstances, but George Mellor clearly did not know about this. Neither Dyson nor her evidence featured at his subsequent trial, which tends to support George's statement that her evidence could not do him any harm, and may have been very important for his defence.

The letter was not used at Mellor's trial, and it's existence was not widely known, although it was mentioned seven years later at a meeting of the York King & Constitution Club in February 1819, presented as proof that reformers had ulterior motives similar to Luddites. Curiously, the Guardian greeted the coming new year of 2012 with an editorial that absurdly posited that the letter demonstrated that Mellor & the Luddites were becoming reconciled to Liberalism through constitutional methods.

Two copies of this letter exist - one in the Home Archive at HO 42/132, transcribed from the original by the Treasury Solicitor Henry Hobhouse (which this version is based on), and another in the Radcliffe MSS at West Yorkshire Archives (ref 126/127a). It is not known what happened to the original, or even if it still exists elsewhere, which is a tragedy, as it is real treasure.

9th November 1812: Earl Fitzwilliam fears the Luddites in York Castle will try to escape

Milton nov 9th 1812

My Lord

it having being intimated to me, that there were not fewer than 60 or 70 persons confined in York Castle on criminal charges, & the generality of these being Luddites, or of one organized Gang, having a numerous fraternity, implicated in many of their crimes, still at large, I have felt it my duty to enquire of the Gaoler, if he felt himself confident in his power of keeping preventing rescue, either by rising within, or attempts from without, or by both combined, an event within the reach of possibility. His answer is, that he is by no means confident, but on the contrary, that he is in constant apprehension of some disagreeable occurrence.

Under the circumstances I think it my duty to state the case to your Lordship, & in the meanwhile I shall write to Gen: Maitland to prepare him, should your Lordship have instructions for him on this subject

I have [etc]

Wentworth Fitzwilliam

[To] Viscount Sidmouth
&c &c &c

7th November 1812: The Leeds Mercury reports many more Luddites committed to York Castle

The Saturday 7th November 1812 edition of the Leeds Mercury featured a report about the large numbers of Luddites committed to York Castle within the last 7 days:

Charged on the oath of William Hall with assembling on the night of 11th April 1812 and riotously and feloniously attacking Rawfolds Mill:

Charles Cockcroft, George Brook, James Brook and John Brook of Lockwood

Charged with assembling at Marsh on 23rd February 1812 and feloniously entering the workshop of Joseph Hirst and breaking and destroying shearing frames:

Samuel Booth, George Lodge and George Brook, of Dalton

Charged on the oath of William Hall and Joseph Drake with feloniously attacking and beginning to demolish Rawfolds Mill on 11th April 1812:

John Walker, Thomas Brook and Joshua Schofield, all croppers. A day prior to this, John Hirst was similarly committed for the same offence.

The following day, Charles Thornton was committed to York Castle for an arms raid at Wooldale on 1st May 1812.

15th October 1812: A government legal advisor expresses concerns to the Home Secretary about the prisoners at York Castle

Ramsgate
15 Octr. 1812

My Lord

During my late Attendance upon Lieutenant General Maitland at Wakefield he mentioned to me — and desired I would communicate your Lordship — his Apprehension that sufficient caution was not exercised respecting the Commitment of Offenders in that Neighbourhood to the County Gaol — In consequence of which he would probably be found that the Prosecutions against several so committed, must fail — And imputations would be thrown out against Government to which they ought not to be exposed—

The only Remedy for this which suggested itself to the General was — That some Person of Experience in such Matters should be appointed on the Part of Government to consider the case of every Person apprehended in that Neighbourhood for any Offence which was properly an Object of public Prosecution and the Nature of the Evidence against him – previous to commitment — And that it should be distinctly understood that no Prosecution would be carried on at the publick Expence. but against such prisoners as should be committed with the Approbation of the Person so appointed—

I thought I should bring this Matter will distinctly under your Lordship’s Notice by Letter than by a verbal communication — I hope therefore that You will excuse this Trouble from, my Lord—

Your Lordship's very obedient
and very humble Servant
Hen Dealtry

[To: Lord Sidmouth]

12th October 1812: George Mellor, James Varley & Joseph Brook committed to York Castle

On Monday 12th October 1812, the West Riding Magistrates, Joseph Radcliffe committed 3 more prisoners to York Castle.

Joseph Brook, a Tailor from Rastrick, was charged with a burglary at the home of Benjamin Strickland on 5th October 1812.

George Mellor, a clothdresser from Longroyd Bridge, was charged upon the oath of his cousin, Joseph, and others with being strongly suspected of shooting William Horsfall on 28th April 1812.

James Varley, a clothdresser from Lockwood, was charged with unlawful assembly and an arms raid on William Newton of Hagswood Hill on Whitsun monday.

5th October 1812: Two more prisoners committed to York Castle

On Monday 5th October 1812, two more men were committed to York Castle by Joseph Radcliffe.

Benjamin Siswick, a labourer formerly of Horbury was charged with being involved in the burglaries of the Horbury gang.

Cornelius Hobson, a clothdresser from Netherthong, was charged with administering an illegal oath to Robert Harling, also of Netherthong, in April 1812.

2nd October 1812: Joshua Haigh is committed to York Castle

On Friday 2nd October 1812 Joshua Haigh, the soldier who had confessed to killing William Horsfall and being involved in the attack on Rawfolds Mill, was committed to York Castle by Joseph Radcliffe.

28th September 1812: Two 'Luddite' burglars committed to York Castle

On Monday 28th September 1812, two men - John Smith & David Moorhouse, both of Kirkburton  were committed to York Castle by Joseph Radcliffe on charges of "burglary under the colour of Luddism" for the robbery of William Savage at Kirkburton on 11th June 1812.