The Trial
THE TRIAL OF THE DORCHESTER LABOURERS
At the Spring Assizes at Dorchester , March, 1834
Committing Magistrates - Messrs. FRAMPTON, WOOLASTON, DAVIS, CHURCHILL.
Foreman of Grand Jury - Hon. W. F. S. PONSONBY, M.P. (Whig)
Judge - BARON JOHN WILLIAMS (Whig)
JURY - Farmers and Millers
J.MORGAN, E. DUFFETT, J. TUCKER, T. COX, M. GALPIN, W. BOOBY, E. BENNETT, J. L. H. BRYANT, S. HARRIS, G. TULK, J. CASE, W. BULLEN
James Loveless, George Loveless, Thomas Standfield, John Standfield, James Hammet, and James Brine, were indicted for administering a certain unlawful oath and engagement, purporting to bind the person taking the same not to inform or give evidence against any associate or other person, charged with any unlawful combination, and not to reveal or discover any such unlawful combination, or any illegal act done, or to be done, and not to discover any illegal oath that might be taken.
Mr Gambier, in stating the case for the prosecution, directed the attention of the jury to the 39th Geo. III. cap. 79, sec. 2, which pronounces that to be an unlawful combination or confederacy which imposes any path not required or authorized by law. The 57th of Geo. III. cap. 18, sec. 25, was to be the same purport; and any person found guilty of the offence contemplated by the Act might be prosecuted for a misdemeanour.
The learned counsel then detailed the facts, as were stated by the following witnesses:
John Lock examined; I am a labourer. I live at a place called Affpuddle; I went one or two days before Christmas to Tolpuddle; I know the prisoner James Brine; I saw him at Tolpuddle on the day in question; he took me to a house opposite T. Standfield's, and asked me to go in, but I would not; I went away down the street. About a fortnight or three weeks after that, I saw Brine, at Mr. Brine's barn, at Affpuddle; I was then at work; he asked me to go with him to Tolpuddle; the prisoner James Hammett was then with him; it was in the evening, when I was about to leave work; I agreed to go with them, and on the way met with four other men, Edward Legg, Richard Percy, Henry Courtney, and Elias Riggs. As we walked along, one of the men asked whether there would not be something to pay; he was answered that there would be a shilling to pay on entering, and a penny a week afterwards.
On arriving at Tolpuddle, he went into a room into which J. Standfield came; two of the prisoners at the bar, James Loveless and George Loveless, passed through a passage, and one of the prisoners asked if we were ready to have our eyes blindfolded; we said, yes; we then (all five of us) bound our handkerchiefs round our eyes; we were then led by a person through a passage into another room on the same floor; on getting into that room a paper was read to us but I do not recollect any of the words that were read; after the paper had been read we knelt down on being desired to do so; something else was then read to us; the voice which read appeared to be the same. I don't know what the reading was about, but I think it was from some part of the Bible; we then got up, turned ourselves round and took the bandage from our eyes, on being desired to do so; a light was in the room. I saw in the corner of the room something which had the appearance of a skeleton; on looking at it James Loveless said, Remember your end. We were again desired to blind our eyes and kneel down; the same voice read again something which I don't remember; we were afterwards desired to kiss a book; our eyes were then unblinded.
I then saw all the prisoners (six present). Some of them were sitting, some standing. James Loveless then a different dress from what he now has on; the rules were then named to us, I think by George Loveless; I did not know the exact meaning of the rules; something was said about paying a shilling on entering the society, and a penny a week afterwards to support the men who were out of work - those who had struck, till their masters had raised their wages. I know the meaning of the word strike - it is to stop work; I don't recollect that I heard the word used that night when I was blindfolded; I heard the word note or letter mentioned; we were told that when we intended to strike we need not mention it to our masters, because they would have a letter sent to them acquainting them of it. I last was living at Affpuddle. I did not pay a shilling at the time of entering the society; I paid it in the course of two or three weeks afterwards; I gave it to George Loveless; I don't know what became of it afterwards.
Cross examined by Mr. Butt: I have known John Standfield three or four years, Hammett and Brine I also know; don't know but that they bore a good character. I have never belonged to an Odd Fellow's Society, or the Society of Freemasons.
By Mr. Derbyshire: Edward Legg was one of the party. By the Judge: I don't think that Legg's was the voice that read to us when we were blindfolded; I don't know whose voice it was, and Loveless's dress was more like a surplice than a smock-frock; when I took off the bandage the second time, all the prisoners at the bar were present, and the men I accompanied to Tolpuddle. Edward Legg examined: I live at Affpuddle; am a labourer; saw Brine and Hammett about Christmas last; in the evening, between six and seven o'clock; I was in my house at that time, they knocked at the window and said they wished to see me; I went out, and Brine asked me to go with them; I asked where, they said to Tolpuddle; I asked what they were going there for, whether they wished to swear me to anything. I said that I had heard that there was some swearing in of people at Tolpuddle, but I did not know what it was about. James Brine upon this observed, that they wished to see how many men they could assemble together; I asked the names of the people they were going to swear; he mentioned the names of three persons - Percy, Courtney, and another; we all went to Tolpuddle; on arriving there we went to Thomas Standfield's house; Brine and Hammett conducted us. we all went up stairs into a room. Thomas Standfield, John Standfield, and the two Lovelesses (George and James) were present. I don't remember what was said in the first place; but after some time had elapsed we were asked if we were ready, and, on saying “Yes”, we blinded our eyes with our handkerchiefs; I believe all of the Affpuddle men were blinded; we went from that room through a passage into another room; when we got into the last-mentioned room something was read to us while we were blinded; I don't know whose voice it was that read to us, nor do I know what it was about; after the reading we were desired to kneel down, and something was said to us, but I don't remember what,; it was something about striking for wages; that we were to strike when others did, or something to that effect; they said that they intended to strike, and we might do the same if we liked; that our masters would have notice of it by means of a letter; we were told we should have to pay a shilling on entrance and a penny a week afterwards; while we were blinded a book was given to us, which we kissed; I repeated some words after some person (I don't know him) before I kissed the book; it was something about our souls - something about our souls being plunged into eternity, if we did not keep the secret - if we disclosed anything that we heard and that was done there; the others at Affpuddle repeated the same words as myself, on their knees; I think it was James Loveless who read to us, but I am not certain; after rising from my knees, and on the bandage being removed from my eyes, I observed James Loveless, George Loveless, Thomas Standfield, John Standfield, James Hammett, and James Brine, and the Affpuddle men, all standing near me; James Loveless had on something like a surplice; a book was on the table, which from it's size, I think must have been a Bible; I saw a picture in the room which represented death; the words “society” and “brothers were used after we had been sworn.
Cross Examined by Mr. Butt: I know all the prisoners; they are all hard working men, and I never heard a word against any of them.
By the Judge: I did not know Hammett before the summer previous to the last.
Mrs. Frances Whetham: I am the wife of Mr. James Whetham, of Dorchester, painter; the prisoner, James Loveless, came into my husband's shop some time last year, and said he wanted something painted; he said he had the design, and he then produced two papers which he left with me, and which I afterwards destroyed; one of the papers represented death, the other a skeleton; Loveless said the ground of the paintings must be dark, and their height was to be six feet; over the head of death, Loveless said he wished to have painted “Remember thine end;” he said it was intended for a society, but more than this he would not mention; he came to the shop some time in October, and he said he should want the pictures on the Monday following; he left his address, “J. Loveless, Tolpuddle;” my husband saw the designs; I destroyed them in about two months after Loveless had left them with me; my husband did not execute any part of the paintings.
Charles Clear: I am an apprentice to Mr. Whetham, of Dorchester ; James Loveless came to my master's house in October last, and asked for my master; he wished to know if the paintings were done; I said no.
John James Whetham: I am a painter in Dorchester; I received, in October last, from Mrs. Whetham, two designs, such as have been already described; I did not execute them; James Loveless came to me some time afterwards, when I was at the Antelope, and asked me if the paintings were done; I said no; I could not make out the meaning of the designs; I then asked him for what the paintings were wanted? He replied, for a society, a society of their own, which was a secret of theirs; I said I could not undertake to execute the paintings.
By Mr. Butt: I never heard of a society in London called the Death's Head Society; I am not a Freemason.
John Cox: I am a turnkey at the gaol; I remember George Loveless coming to the gaol on the 25th of February; I found in his pocket two printed papers, a letter, and a key. (The papers and key were handed to the witness were recognised by him to be the same.) When I took the key from the prisoner, he asked me to return it to him; I said I could not let him have it again; he then begged me to take particular care of it; on looking at one of the papers, the prisoner said that was the cause of his being there. I gave the papers to the governor of the jail, Mr. Andrews.
Robert Andrews: I received the papers and key from the last witness (Cox); I can swear to them from certain marks; the letter is also the same; this was not marked.
John Cox re-examined: I can swear to the letter, although I placed no mark on it; I know it from its direction, its dirty appearance, and its contents.
John Toomer: I received the key from Mr Frampton; and on the 26th of February I went to the house of George Loveless; I saw his wife; I applied the key to a box in his house, which it unlocked; the box contained two books; they were marked by James Brine; after which I carried the books to Mr. Frampton. (The books were handed to witness, who knew them to be the same.) I did not mark the books, but I know them from the handwriting, and from certain names which they contain.
James Frampton, Esq. examined: I received the two books in question, and delivered them to Mr. Coombs.
James Brine: I am a tithing man, at Tolpuddle; I went with Mr. Toomer to George Loveless's house, and found two books in a box, which I marked, and they were afterwards given to Mr. Frampton; the books produced were the same.
Mr. Butt raised an objection to the books being admitted as evidence against the prisoners; but this objection was overruled by the judge.
This was the case for the prosecution.
Mr. Butt contended, on behalf of the prisoners John Standfield, James Hammett, and James Brine, whom he defended, that the fact adduced on the part of the prosecution were not sufficient to warrant his Lordship's sending the case to Jury. The learned counsel called the attention of his Lordship to the preamble of the 37th Geo.III, cap. 123, upon which the indictment was framed. This Act was very properly framed for the protection of soldiers and seamen against evil disposed persons at a time of great danger, and was no doubt a very proper measure, but it would require a very strong case to bring men like the prisoners for such an offence, if any, as the evidence charged upon them, within the scope of its provisions.
Mr. Derbishire, on behalf of George and James Loveless, and Thomas Standfield, submitted that there was not sufficient evidence to send the case to jury. The object of the parties, as stated in the first resolution, was to form an “Agricultural Friendly Society;” and the subsequent resolutions showed that the purpose of the association was to provide a fund, or kind of agricultural savings' bank, for mutual succour and maintenance in the hour of need. The prisoners were poor labouring men, having wives and families with helpless children to support. They were liable to be thrown out of work, to sickness, and various accidents, and he could not understand how an association to provide against seasons of scarcity and obviate starvation could be deemed an unlawful combination. Yet such, upon the evidence of the prosecution, was the character of the society to which it was pretended the prisoners belonged. The poor man had as much right to protect the property he had in his labour, as the rich had to protect his accumulations of wealth; and it would be rather a hard measure of justice, and never could have been intended by the legislature to treat men as felons, and condemn them to transportation, whose only crime was to protect each other from the evils of probable starvation. A letter from the prisoners was here read, in which they stated that if they had done anything in violation of the Act of Parliament, it was quite unintentional, all that they intended in entering the society was mutual protection.
Mr. Baron Williams then summed up, enforcing on the jury that they must satisfy themselves as to the illegality of the oath which Legg had taken, and which had been administered to other members of the society. The precise formality of the oath (his Lordship observed) is not under inquiry; but the Act of Parliament refers to an oath fixing an obligation on a party to whom it is administered. To sustain and prove this charge you must be satisfied that the oath administered to Legg was to bind him not to divulge the secrets of the society, if so it will come within the meaning of the Act.
The jury, after about five minutes' consultation, found all the prisoners “Guilty”
On Wednesday the prisoners were put to the bar to receive the sentence of the Court, when Baron Williams thus addressed them:- Prisoners at the bar, in consequence of objections that were made by the learned counsel in your behalf to the conviction which took place upon a former day, I felt it to be my duty to take time to consider of the validity and weight of those objections. I have taken time for that purpose, and having considered the weight of them all as well as I am enabled to do, in my opinion they do not amount, in point of law, to objections to the conviction which took place on the evidence adduced. I observed upon the trial, and in your defence, or in the defence made by one of you, that there is a statement that you meant no harm against any person, and that your intention was altogether without offence. Of the intentions of men it is impossible for man to judge, it is known only to each person, and no other person can judge but by the conduct of the parties. The use of all punishments is not with a view to the particular offenders, or for the sake of revenge - that is not the view of those who administer the law, nor the intention of the law itself; it is for the sake of example; and accordingly the fact of which you have been convicted on evidence satisfactory to the jury, and on which, I presume, no man could entertain a doubt, that evidence has led to a conviction of a crime of that description which the security of the country and the maintenance of the law upon which it depends, makes it indispensable to pass the sentence the law has pointed out. Having deliberated well and seriously upon the objections made for you, - having deliberated well and seriously on what it is my duty to pronounce upon you, - I feel I have no discretion in a case of this sort, but that I am bound to pronounce the punishment of the law, which the Act of Parliament has provided, and accordingly the sentence is that you and each of you be transported, &c. &c. for seven years.
Members of the Government who in defiance of the Petitions of the People from every part of the Kingdom, carried the above unjust Sentence into execution with an haste as indecent as it was unusual. - EARL GREY! LORD ALTHROP!! LORD JOHN RUSSELL!!! LORD MELBOURNE!!!! LORD PALMERSTON!!!!! LORD HOLLAND!!!!!! LORD BROUGHAM!!!!!!! ( All WHIGS, and all Professed Friends of the Poor!)
