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James Wagstaff

In the year of 1857 James Wagstaff was brought to the Warwick Assizes Court accused with Poaching and Violence at Studley, Warwickshire.

James Wagstaff who was aged 28 years old and it was stated in court, that he could read and write imperfectly.

He was found Guilty and sentenced to 9 months Hard Labour.

William Wagstaff (1809 – 1836)

On 28th. March 1835 William Wagstaff the son of George and Jane Wagstaff of Worsborough in West Yorkshire was brought before The Crown Court in the city of York. Charged with William age 25 was William Simpson age 29, both being labourers. They were both charged by Lucy, the wife of James Allott, innkeeper, with having on the 28th December 1834 broken into the house of James Allott and stole a dead pig, which was 22 stones, a quantity of Rum, Gin, Brandy and Wine plus several other articles.

Both William Wagstaff and William Simpson were found Guilty of Burglary and were each sentenced to DEATH.

After the case, it was found that there had been a miss – carriage of Justice and they were Reprieved,. William Wagstaff died due to his imprisonment at Wakefield Prison and he is buried in the Parish churchyard of St. Mary's in Worsborough village, near Barnsley, West Yorkshire.

Adam Wagstaff, Innocent or Guilty?

By Pat Cherry

When Adam WAGSTAFF was born in March 1806. Lord Byron had entered Cambridge and in October of that same year there was the first Trooping of the Colour. Nelson had been victorious at Trafalgar and Napoleon had been the victor at the Battle of Austerlitz. Ordinary people were still struggling to exist! Adam's father, Samuel, was a brick maker, living in Rookery. As the name suggests this was a very overcrowded district in the parish of Saint Mary in Nottingham. Adam was able to read and write, and was eventually apprenticed to a brick maker. At the age of twenty one he married Mary CRAFTS in 1827. Mary's father owned a bakery on Charlotte Street in Nottingham and for many years Adam and Mary also lived on Charlotte Street. On Sunday evening, the 15th February 1829 Adam was drinking with some friends at the Mason's Arms public house in Glasshouse Street, just a couple of roads away from where he lived. He and his friends became somewhat intoxicated. The "friends" demanded from William GREENDALE, junior, also a patron of the Mason's Arms, that he should give them some money. When he refused they picked his pocket of two shillings and he received a blow to the abdomen. He immediately left the house, stooping and holding his hands over the injured parts and fell onto the causeway (pavement) by the back door. Whilst he was lying there Adam WAGSTAFF came out of the public house and kicked GREENDALE upon or near his bowels. GREENDALE was carried home but died the following Tuesday morning. Adam WAGSTAFF and Issac OLDHAM were then apprehended and committed to the goal and charged with manslaughter.

On 20th March 1829 at the trial of Adam WAGSTAFF and Issac OLDHAM; Thomas Robert TATHAM, surgeon, examined by Mr. WHITE, said he and Mr. OLDKNOW examined the body of William GREENDALE, junior. They found a quantity of extravasated, pus etc,-and the lower bowels were ruptured. He died in consequence of a blow on the lower part of the abdomen which ruptured his bowels and caused his death. The Court then ruled that there was a fatal error to the indictment, which said that he died from kicks on the bowels - whereas it should have read, the belly - for the bowels being internal could not be kicked. They were both, therefore, acquitted! It seem to me that some things never change. They were both guilty, but were acquitted on a technicality!

After this narrow escape you would think that Adam would have learned a lesson and kept himself out of trouble, but no, in October 1831, he is to be found in the middle of severe disturbances which frightened the people of Nottingham for several days. Adam was caught up in the Reform Bill Riots. Lord John RUSSEL had tried to get his Bill through parliament for the second time, but once again it failed. It was Goose Fair Week and there were many strangers and itinerants in town so swelling the amount of people. They, together with the local population, began to congregate in the middle of the town. When the news was brought by coach that the Reform Bill had failed, yet again the discontent and agitation began to spread through the crowds. It began by windows being being smashed, then people were attacked. The grumblings and rumblings grew ever louder over the next few days. So much that Nottingham Castle was attacked, fired and razed to the ground. Colwick Hall was next and shared the same fate as the Castle, total destruction. Finally, a large mob assembled on Derby Road with the attention of attacking Wollaton Hall, but as the Militia was already there the angry mob carried on to Beeston, where they ran amok. They tor up iron palisades, fences, anything that can be used as a weapon, or to destroy things. The final act to set fire to and burn down William LOWE's Silk Mill. Several people were arrested, including Adam WAGSTAFF. The prisoners spent at least two months in goal awaiting trial.

Whilst they were there a petition was sent to Parliament on their behalf, complaining about the conditions that the prisoners were enduring. All the prisoners from these riots stood trial in January 1832. Adam WAGSTAFF, who was my great, great, grandfather, was amongst them. The Special Assizes that were called to deal with the alleged rioters issued a Calendar of prisoners. Adam WAGSTAFF's part read as follows: No.19. Adam WAGSTAFF, aged 26. - Riotously and tumultuously assembling with others at Beeston, feloniously breaking and entering a certain Silk Mill, the property of William LOWE, and setting fire to the same.

What follows is a summary of the trial of Adam WAGSTAFF, from the Nottingham Review, Tuesday, 10th January 1832.

Burning of the Silk Mill at Beeston.

Adam WAGSTAFF, age 26 and others were arraigned for setting fire to Beeston Silk Mill. William COOPER, examined by Mr. AMOS - I am an upholsterer in Nottingham, I saw WAGSTAFF about forty yards from the mill. I remember a man going into a shop and bringing out a loaf. WAGSTAFF said to him "Jack, remember your pal" and he gave WAGSTAFF part of the loaf. WAGSTAFF was capering in the road, making meagrims (pulling faces) and dancing about. At this time the mob was coming away in the direction of the public houses. I saw WAGSTAFF go to the Durham Ox and afterwards he was breaking a gate. He said it was for more tools. Ale was brought in two buckets and I saw WAGSTAFF WAGSTAFF drink some.......... Charles SLATER again detailed the circumstances - I saw WAGSTAFF while the mill was on fire, he had an iron palisade in his hand. I saw him throwing stones at the windows. I did not see him go into the mill.. Adam WAGSTAFF then said "I am innocent of what I am brought here for."
John PINDAR, a labourer, examined by Mr. BOURNE:- I was in Nottingham the day of the Beeston fire. I went a little way on Derby road, as far as Lenton. I had met with him on Charlotte Street about half past eleven, he came back with me. I saw him break no gate. It was about two o'clock when we got back. Elizabeth LOAKES - I know WAGSTAFF, the prisoner, and John PINDAR the last witness. I saw them together on the day of the riot between Mr NORTH's shop and the public house at the bottom of Charlotte Street at about a quarter or twenty minutes before twelve.
William WOOD, Samuel BACON and George STREETS gave WAGSTAFF a good character. The examination of WAGSTAFF was put in and read. It differed from his alibi only in as much as it did not name who he was with. The jury retired and in forty minuets they brought in their verdict of Not Guilty as all four of the prisoners. (There were three others on the same charge that same day.). As you can see it is a case of who do the jury believe - the evidence of the prosecution or Adam's alibis. He seems to have been extremely lucky for a second time.

I have spent many hours researching the Reform Bill Riots in Nottingham and the trials that followed and by extending some of the names attached to my WAGSTAFF Family Tree I have found the following:-
This is a summary of findings connected with the name BECK. (I am sure that many members will be familiar with the fact that one George BECK was found guilty of being involved with the firing of Lowe's Mill and was subsequently for his part in it).

With that information I think that George BECK and Adam WAGSTAFF were distantly related and that they were acquainted with each other. It does make you wonder. Adam WAGSTAFF, was he innocent or was he guilty?
After this second close encounter with the law , it seems that Adam eventually settled down. He and his family brought up a large family. On the 1841 Census he is shown as living on Mansfield Road, Sherwood, Nottingham. In 1851, 1861, and 1871 he had moved and was living on Mapperley Hill and Mapperley Plains. On the 1871 census his occupation is given as brick maker, employing twelve men and thirteen boys. He died in 1878 in Snenton, in the county of Nottingham and in his Will he is described as a Yeoman.

Sources:

Old Bailey - ELIZABETH ARNOLD, Sexual Offences, bigamy, 28th October 1801

ELIZABETH ARNOLD was indicted for that she, on the 21st of September, being then married and the wife of John Arnold, of the parish of St. John, Hackney, feloniously did marry and take to husband  Thomas Wagstaffe, she said  John Arnold , her former husband, being then alive .   HENRY ARNOLD sworn. - I am the brother of  John Arnold; the prisoner was married to my brother on the 27th of November, 1792, at St. Michael's church, in the city of Coventry.

Q. Is your brother alive? - A. He is here.
Q. How long did they live together? - A. Till within these two or three months
Q. Do you know how she came to leave her husband? - A. I believe a few words occurred between them.

THOMAS  WAGSTAFFE sworn. - I have been married to the prisoner about five weeks; I was married to her at Hackney church.
Q. How long had you been acquainted with her? - A. About a month.
Q. Are you of age? - A. I am between sixteen and seventeen.
Q. Were you married by licence or by banns? - A. By banns.
Q. Did she tell you she was a single woman? - A. No, she always told me she was not his lawful wife.
Q. You knew she lived with him then? - A. Yes.

SEEDSMAN sworn. - I was present at the marriage of the prisoner to Wagstaffe.

The prisoner put in a written defence, stating, that she had lived with Arnold nine years; that he had communicated to her a dangerous disease four different times, by which disease she lost one child, and that two others were not suffered to see the light from the same cause; that he had added insult to injury, by bringing home the most profligate of women, who assisted him in turning her into the street; that she was afterwards separated from him before a Magistrate, and conceived she was justified in marrying again; and that, after having sent her to prison, Arnold had come to her, caressed her, shewed her much affection, and gave her money.

Henry Arnold . Wagstaffe was servant to my brother, and lived with him and his wife ever since they have been in town.

GUILTY , aged 30.
Confined six months in Newgate , and fined 1s.
First Middlesex Jury, before Mr. Justice Heath.

Sources