From the evidence of Benjamin Walker, an accomplice of the prisoners and others, it appeared that a conspiracy was entered into to attack the mill of Mr. Cartwright, in which Mellor was one of the principals. While they were in conversation upon this subject on the 28th April, however, the same prisoner produced a loaded pistol, and said that he was going to shoot Mr. Horsfall, and that the other prisoners and Walker must accompany him. They accordingly proceeded together to a plantation near an inn called the Warren-house, at Crossland Moor, near Huddersfield, where it was arranged that they should station themselves in a line by the road, and when Mr. Horsfall came, Mellor was to fire first; and in case of his missing his aim Smith and Walker were to fire. At a quarter past six o’clock in the evening, Mr. Horsfall called at the Warren-house, on his way home from Huddersfield market, and had some rum and water, and after about twenty minutes he proceeded on his way, unconscious of the fate which awaited him. He had entered the road, which ran through the plantation, and which was only a quarter of a mile from the Warren-house, when the prisoner Mellor fired and shot him. The unfortunate gentleman on his being wounded fell on his horse’s chine, and a Mr. Parr, hearing the report and seeing him fall, rode up to him, in order to assist him. Mr. Horsfall, having quitted his horse, sat down by the road side, and despatched Mr. Parr for assistance, but he died very soon afterwards.
The prisoners attempted to prove an alibi, but the jury withdrew about twenty minutes, and returned a verdict of guilty against them all. They were immediately sentenced to death.
On Friday these wretched men were brought to the place of execution, behind the Castle at York. Every precaution had been taken to render a rescue impracticable. Two troops of cavalry were drawn up near the front of the platform, and the avenues to the Castle were guarded by infantry.
A few minutes before nine o’clock the prisoners came upon the platform. After the ordinary had read the accustomed forms of prayer, George Mellor prayed for about ten minutes, William Thorp also prayed; but his voice was not so well heard. Smith said but little, but seemed to join in the devotions with great seriousness.
The prisoners were then moved to the front of the platform; and, after saying a few words, the executioner proceeded to perform his fatal office, and the drop fell.
On the 8th John Baines the elder, John Baines the younger, Zachary Baines of the same family, the elder near seventy years of age, and the latter scarce sixteen, John Eadon, Charles Milnes, William Blakeborough, and George Duckworth, all of Halifax, were tried for administering an unlawful oath to John Macdonald; and all, except the boy, were found guilty