The Trial of John Duffield

The trial of Duffield, Wilkes and Earp, commenced on Monday 2nd August, 1819. Josiah Wilkes, Thomas Earp, alias Reddall, and John Duffield, stood indicted for having, at the parish of Darlaston, in the county Stafford, feloniously and traitorously made and counterfeited a certain piece of coin to the likeness of a shilling. John Bolton had turned King's Evidence and was to be the main witness for the prosecution.

The Listing of those recognised to prosecute and give evidence against Josiah Wilkes, John Duffield and Thomas Earp at the Staffordshire Summer Assizes 59th Geo 3rd 1819 included the Constables William Payne and Thomas Partridge, Thomas Green and William Bolton Esq (presumably no relation to John Bolton).

The trial took place in the Courtroom at the Shire Hall in Stafford that is still preserved, although no longer used as a courtroom.

Figure 4. Courtroom at the Shire Hall, Stafford. Now a museum. Courtesy of Staffordshire Arts and Museum Service.
Mr Jervis, the leading counsel for the prosecution, said that the charge against the prisoners was High Treason. The principal evidence he should call was an accomplice of the name of Bolton, whose testimony it would, therefore, be the duty of the Jury most minutely and carefully to watch, and not to believe it unless fully supported by other and unimpeached evidence.

Bolton told the story of the conspiracy and was subjected to considerable cross-examination. In addition to narrating in great detail the various meetings, and the mechanics of the coining, he stated that he got the dies from Mrs. Bissaker. There were one head and two tail dies. He delivered one of each to Wilkes, and the other, one of the first having been broken, to Wilkes' house some time after. Bolton stated that he had been in the trade 6 or 7 months altogether; but had left it off some time until he met with Duffield. He proposed the business to Duffield; delivered the blanks to Wilkes, received them back when stamped, put them into circulation, and then informed against his accomplices; he could not deny that it was so.

In addition to the evidence of the Constables and Green, servants at the various taverns where the conspirators had met deposed that they had seen the defendants together on the dates stated. Mr. George Atkinson, a moneyer at the Royal Mint also gave evidence. He stated that the shilling produced, found in Duffield’s house, and that taken from Wilkes’s saddle-bags, were both counterfeits and struck from the same die. The others produced from the various parcels were also counterfeits, and from the same die.

The Judge, Mr. Justice Richardson, then recapitulated the evidence to the Jury. He said the testimony of Bolton, inasmuch as he was an accomplice, ought, as stated by the learned counsel in his opening, to be most scrupulously examined, and if they entertained any doubt upon it, to be altogether discarded. But, however, it was to be regretted that he who was not only an accomplice, but also the prime mover, could not be put in the bar. If it appeared to them that his evidence was supported by such substantial and un-impeached testimony as would not leave a doubt upon their minds, it was then entitled to its full weight, and they would give a verdict according to their consciences.

The Jury conferred together for a short time, and then pronounced a verdict of Guilty against all the prisoners. The prisoners were afterwards brought up to receive the judgment of the Court, when Mr. Justice Richardson sentenced them to be drawn on a hurdle to the place of execution and there to be hanged by the neck. The prisoners begged loudly for mercy; and the learned Judge was much affected.


Figure 5. Stafford Gaol Gatehouse picture c.1870. Courtesy of Staffordshire Arts and Museum Service.
At this Assizes, a total of thirteen prisoners received the sentence of Death. Of these the Judge reprieved all except Duffield before leaving town.

This was not unusual at the time as judges seemed to give the death sentence for anything for which it was allowed, and then reprieve all but the most serious offenders.

No doubt the judge considered the likelihood that Duffield had also produced coins for Mrs. Bissaker in deciding not to reprieve him.

After the verdict, the convicted prisoners were received at Stafford Gaol the same day. The Gaol Delivery Book (TNA) contains a full listing of prisoners and their sentences from the Assizes and shows:

Guilty: to be drawn on a hurdle to the place of execution and there to be hanged:

John Duffield For High Treason

Reprieved Josiah Wilkes For High Treason

Reprieved Thomas Earp For High Treason

After conviction at an Assize, the cost of maintaining prisoners became the responsibility of the Treasury and the County Sheriff would apply for the reimbursement of their costs through documents known as Sheriff's Cravings. These documents show that Josiah Wilkes and Thomas Earp remained in Stafford Gaol from 2nd August until 23rd November, 1819. After this time they would have been transferred to other prisons to await transportation.


   
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