the shop where Mellor works; the information was given by old Widow Hartley. Mellor told him that he and Thorpe had called at his cousin's, at Dungeon-end, and left the pistols in some flocks, and said Joseph Mellor's apprentices were in the shop, and he told them they must give them to their master when he came home. He said they came through Lockwood to Huddersfield, and there parted. Smith came home at ten o'clock or after; he said he and Walker had been at Honley. Saw Mellor give Smith a guinea or a pound note on the Monday after the murder. It was three weeks before witness got his pistol again, and it was then delivered to him by Varley. Mellor told him there were some men come from Leeds that wanted arms, and asked witness if he would let his go, and after some hesitation he consented. Mellor asked him, one Saturday night after the murder, which was two or three days before he was taken up, and when he was expecting being apprehended, Mellor wanted him to take the coat Thorpe wore when Horsfall was shot, as he was likest Thorpe, to go before Mr. Radcliffe, the magistrate, when they were called on; he was to go in Thorpe's place, and say he was going with Mellor to his cousin's, and it was he for whom he wanted work; he consented that night, but bethought himself after that the witness might swear to him instead of Thorpe. He had heard Mellor talk of going to America. He went with Smith the Sunday morning after Mr. Horsfall was shot, to seek the pistol. They hunted all up and down amongst the ant-hills, but did not then find it; Smith shewed him the pistol two or three weeks after, and told him he had found it.

Cross-examined by Mr. Williams: Mellor said he had lived for a long time with his step father, Mr. John Wood, who is in an extensive line of business. Witness knew what was to be done with the pistol when it was borrowed. He was Mellor's bed-fellow. Knew the last witness was taken before Mr. Radcliffe; witness had been examined on a charge of shear breaking, but was not examined for Walker. Does not recollect meeting either James Harper or Joseph Rushworth, and saying to them, he had cleared Walker by showing that he was not at the place when the murder happened. Did not see Benjamin Walker sworn, he met him coming in as he was going out of the place where the oath was administered. When he was sworn what was read was not out of the Bible, but from a paper.

CHAPTER XXI.

CONTINUATION OF THE TRIAL OF HORðfall's
MURDERERS.

"Every crime
Has in the moment of its perpetration
Its own avenging angel-dark misgiving,
An ominous sinking at the inmost heart."
COLERIDGE.

The next witness for the prosecution was

Joseph Sowden, a cloth dresser, who was examined by Mr. Richardson and deposed as follows:-"I lived at the Yews, on the 28th of April; between half-past four and five, I saw Mellor and Thorpe come into the New Shop at John Wood's, with each a pistol in his hand, all the shop-mates were in but one who was at Huddersfield; there was Benjamin Walker, John Walker, and his son William, William Hall, and Varley; I heard George Mellor order Benjamin Walker to go home and fetch top-coats and a pistol. He went out but I was not in when he returned; I do not recollect seeing Smith that day-did not learn whether the pistols were loaded or not; they were of the horse pistol kind, and one of them was a brass mounted and brass guard pistol, about three inches longer than Smith's. I did not see any of the prisoners till after Mr. Horsfall's death. I saw nothing in their dress but what was common. I saw Mellor, on the evening of the murder, about halfpast seven. I had then heard what had happened to Mr. Horsfall. The following day, the three prisoners, and Benjamin Walker jointly and separately represented to me the circumstance of the murder, substantially the same as that you have heard to-day. Either next morning, or the morning following, Thorpe came into the New Shop, and said, "Sowden, I want thee, and must have thee sworn to keep Horsfall's murder, in all its circumstances, a secret.' objected and said I never took an oath in my life, much more an illegal oath, and the consequence would be seven years transport

I

ation. He said, if I did not he would shoot me dead; I knew that he would carry out his threat, as he never went without loaded pistols about him. I submitted, and he administered the oath, the substance of which was to keep the murder of Horsfall a secret in all its circumstances, on pain of death, and being finally put out of existence by the first brother I should meet. After that he made use of the same threatening language, and swore by his Maker, "Now thou shall administer it to the others, or I'll shoot thee dead." I did under the influence of the same terror, administer it to Thomas Smith, Benjamin Walker, John and William Walker, W. Varley, and Joseph Hall. Mellor brought the men into the shop, to receive the oath.

Cross-examined by Mr. Brougham: One of the two pistols had a brass end as well as brass mountings. He heard Benjamin Walker sent to fetch great coats and a pistol, but witness did not know for what purpose they were intended; saw none of them that night after the murder but Mellor, and he never spoke to him that night. He heard it the following day, when they came to him and told him all the circumstances. He next swore him to keep it a secret. Told them taking the illegal oath was punishable with seven years' transportation. He received the oath, but did not call it taking it, because it was not voluntary; he did not kiss the Bible, he only put it to his face. He read the paper to Walker amongst others. He was not secretary to any association whatever, nor did he ever make a tour to see other societies. John Walker, worked in the shop of Wood: his son William Walker had always lived at home.

Martha Mellor, the wife of Joseph Mellor, a cloth dresser, cousin of George Mellor, one of the prisoners at the bar, said, We live at Dungeon Bottom, about two hundred yards from Dungeon Wood. I heard first of the firing at Mr. Horsfall that night between eight and nine o'clock; our family consisted then of only one child and four apprentice boys, and a servant girl. One of the apprentices, Joseph Holdham, left our employment on account of misbehaviour, about a week after George Mellor was committed to York. I saw Mellor in the afternoon of the day of the murder, about a quarter past six o'clock; there was a gentleman with him, whom I have not seen since. They came from the workshop into the house. George asked if my husband was in. I told him he was at the market. He then asked me if we wanted a man to work. I told him we had no occasion. He asked me to lend him a handkerchief, and I lent him a black silk one. He asked me if I would allow that gentleman to wash himself. He had light coloured stockings, light coloured waistcoat and light coloured breeches. He had not then a great coat on, he had put it off. The other person had a great coat-George asked to borrow a coat, and I told him my master's coat was in the shop. They stopped about a quarter of an hour. Cross-examined by Mr. Hullock : Did not know where the

apprentice was that ran away; he stopped with his father a few days. Fixed the time by the return of her husband, which was near seven

o'clock. Mellor has always borne a good character since she knew him, which was about two years.

Thomas Durrance, apprentice of Joseph Mellor: Is about 17 years old, was with Mellor in April last. Does not know George Mellor, but thinks he saw him at his master's house, in the shop, on the night of the murder. There was a man with him; thinks Thorpe was with him. They had dark coloured coats when they came into the shop, he thinks top-coats. George Mellor took off his top-coat, and had then an under-coat, the top-coat he put on the brushing stone. Witness went up stairs with George, the other man did not go; when he got up-stairs he gave him two pistols, about a foot long, they both put them under the flocks, which are the refuse of the cloth; this was a room where they work, there was not many flocks but sufficient to hide the pistols. Did not observe in what state the pistols were; did not know whether the trigger was up. Mellor said he need not say anything about them, but witness told his master when he came home. Soon after they had hid the pistols, the persons in the shop left off their work. Kinder, Joseph Holdham, and Francis Vickerman were his fellow apprentices; he shewed the pistols to his fellow apprentices, but did not observe whether they were discharged or not. His master and he hid them in the barn, and put straw upon them. He saw Mellor before Justice Radcliffe, and saw him afterwards, when Mellor told him to mind and speak the truth about what he had said and what he had seen. Mellor gave him five shillings and told him to give half to his fellow apprentice, Kinder, and not to say anything about the pistols."

Cross-examined by Mr. Williams: Had never seen Mellor before that afternoon, and he was with him only a short time.

Judge: What time did you and your master take the pistols into the barn ?"

Durrance: "In about two hours after they were put in the flocks."

Judge: "What time did your master return home after those people were in your shop?"

Durrance: "In an hour and a half."

John Kinder, apprentice to Joseph Mellor, upwards of 18 years of age, says:-He had not known Mellor a year, and did not know him right when Mr. Horsfall was shot; told Durrance he thought it was George Mellor, met him coming down from the flock room that evening; he went into the room and Durrance showed him two pistols which he took from under the flocks. Does not know whether they were loaded, but thinks he blew through one of the touch holes and found it empty, he observed that it was not primed. He had half-a-crown from Durrance.

Mr. Joseph Mellor, cloth dresser, cousin to George Mellor : -Remembers the time when Mr. Horsfall was shot; witness left Huddersfield that evening at six and got home about seven o'clock. Durrance shewed him two pistols that night; had not then heard that Horsfall was shot, but had seen a bustle among the military.

Durrance and he went and hid the pistols in the laith under some straw. They did this for fear they should be found on his premises; one of the pistols had a larger bore than the other. He had heard Mellor say he had brought a pistol from Russia. One of them was without the ramrod. He found on his return home a dark top-coat on the brushing stone with two cartridge balls in the pockets, he also found another dark green top-coat next morning; neither of these coats belonged to him. James Varley came on the Sunday after and he told him where the pistols were."

Judge:

Was there any coat of yours missing which you had left at home?"

Yes, a light drab top-coat."

Mr. Staveley, the gaoler at the Castle, produced a dark bottle green coat, which he said he took from Mellor soon after he came into the castle; and Joseph Mellor, being again called and asked to look at that coat, said it was like the coat he found on the brushing stone, but he could not swear to it.

Abraham Willie, a workman to Mr. Radcliffe, was in a building attending his horses that evening in the first close beyond the plantation. He did not see any man in the wood, but saw four persons run down the plantation towards Dungeon Wood. They were within fifty yards of him. They all wore dark coloured clothes. They were out of sight when they got a field off He heard that Mr. Horsfall was shot about three or four minutes after, from two of his boys who were gathering dung on the road.

Edward Hartley was coming from Crossland to Lockwood the evening Horsfall was shot: was near the spot and heard a report of a gun, and he saw soon after four men run out of Mr. Radcliffe's field, and jump over a wall in the direction of Dungeon Wood, they were all dressed in dark clothes; he saw the brass end of a pistol from under the coat of one of them; witness made an observation about seeing the pistol to a person who was with him, which he supposes must have been heard, as the man who held it immediately covered it with his top-coat.

She

Mary, the wife of Robert Robinson, publican, at Honley, heard of Mr. Horsfall's murder the day it happened. Two young men came to their house that night and had something to drink. remembers a collier was present, and one of the young men whistled very much and well, and the collier danced. The news of the murder was brought in soon after the young men entered, and she thought they looked down when they heard of it. They came between seven and eight and went away about nine. Her husband asked them where they came from, and they said from Longroyd Bridge.

The evidence for the prosecution being gone through, Mr. Justice Le Blanc said, This is the time prisoners, to make your defence. Would you, George Mellor, William Thorpe, and Thomas Smith, wish to say anything for yourselves?"

Prisoners: "We leave it to our Counsel."