James Cook

71

Robin Sharkey on 2nd November 2018

James Cooke was tried as part of the "Swing Riot” trials held in Hampshire county in December 1830. HAMPSHIRE in 1830: In 1830 agricultural depression and political tension boiled over in the southern counties with unrest starting in Kent with an arson attack in June 1830. Unrest spread and in Hampshire it lasted from 17 to 26 November. The unrest was as follows: • At Upper Clatford Taskers Waterloo Iron Foundry was severely damaged by a crowd of several hundred people. • Near Fordingbridge another crowd damaged machinery at an agricultural engineering factory and a flax spinning/sack weaving mill. • The poor houses at Selborne and Headley were severely damaged by a crowd of 1700 people who also demanded a reduction in the tithes. • Throughout the county, riots, extortion and machine breaking were daily events. TRIALS of THE LOCALS A Special Commission of the Peace was held at Southampton, Hampshire, commencing on 18 December for the trials of several hundred people involved in some or several of the above incidents. “Many witnesses testified to the previous good character of the defendants. In spite of this, six men were sentenced to be hanged, ninety-five further sentences of death were recorded, thirty-six men were to be transported, seventeen men were sentenced to hard labour, and forty-three men received gaol sentences of various terms (HRO 14M50/4). W After numerous petitions to the King and the court, only two men, James Cooper who led the attack on the factories near Fordingbridge, and Henry Cooke … were executed.” [See http://www.hantsfieldclub.org.uk/publications/hampshirestudies/digital/1980s/vol43/Afton.pdf ] 'Hampshire Advertiser', Saturday, December 25, 1830; p 1 - 3 "HANTS SPECIAL COMMISSION, WINCHESTER, MONDAY" "There are upwards of 300 prisoners for trial. … The prisoners are here classed according to the nature of the offences charged and not according to the commitments as they stand in the calendar – *riot and robbery 66; *robbery with which riot is not charged - 41. It is to be observed that though many of the commitments were made out for robbery only, there are few, if any, cases in which that crime was not accompanied by riot. *Riotously assembling and destroying the machinery of factories, ironworks, buidings etc, 61 *Riotously assembling and destroying threshing and hay-making machines, 59 *Riotously assembling to the terror of the king’s subjects and in breach of the peace, 62. “Charles Paine, aged 22, James Cook aged 28, John Keens aged 18, John Bullpit aged 28, Charles Bullpit aged 25, John Batten aged 21, Richard Rampson aged 25, William Wareham aged 25, George Clarke aged 25, were indicted charged with having, on 22 November last, at the parish of St Lawrence Wootton, feloniously stolen from Harris Bigg Withers, one sovereign, his money.” Summary of evidence reported: The prosecutor of the case was Mr Harris Bigg Withers Esq, who wanted to know if the prisoners had counsel and asked that, if they didn’t, would the court appoint one of the Counsel sitting around the table and he, Withers, would then "willingly pay whatever charge might be made”. Counsel, Mr Saunders, had been retained by Charles Paine and said he “would be happy to watch the proceedings for the others.” Harris Withers Jnr gave evidence that he had been at his father’s place at Mannydam in the parish of St Lawrence Wootten, on Monday 22 November. He said there were about 150 men, most had weapons, some had sledgehammers. His father had led the mob round to the front of the house where they said they wanted money. The son spoke to Charles Paine and John Batten in particular, remonstrating with them about their wanting money. The father offered the money, saying they must take it but the mob “became violent” saying Withers must instead actually give it to them. The Withers’ coachman persuaded Withers senior to allow him (the coachman) to give them Withers’ money. Withers junior told Paine that they had raised the wages and that Paine should go to his own parish. Harris Withers senior said that he was walking in his park at the back of the house when the mob came, and he thought it was his duty to meet with them. He persuaded them to go round to the front of the house. He corroborated the testimony of his son. He said he’d given permission to the coachman to give them a sovereign because he was concerned for the safety of his house, not for himself personally. All the prisoners were found guilty, and Withers senior, as the prosecutor of the crime, recommended that all the prisoners have mercy extended to them. ON THE “HARDY” HULK Many of the prisoners were received on to the “Hardy” Hulk at different times: four received on 5 February 1831, another four on 7 February 1831, another 6 received on 8 February 1831, another five received on 9 February– this last group included James Cook. However they were on the hulk for a very short time since the “Eleanor” convict ship sailed with them in mid February 1831. The government wanted them gone.