To the Right Honorable Robert Peckham< no role >
Esquire
Lord Mayor
of the City of London
The Honorable
James Adair< no role >
Esquire
Recorder
of the said City and other his Majesties Justices of Oyer and Terminer
, in their
General Session assembled
The Humble Petition of Kenneth Mc.Kenize< no role >
Esquire
a Prisoner
in Newgate
Sheweth
That your Petitioner was on or about the Twenty third day of October, in the Year of our Lord one
thousand seven hundred and eight three Command to Newgate
by a Warrant under the hands and Seals of the Right
Honorable the Lords of his Majesty's most honorable Privy Counsel a Copy of which is hereto annexed.
That your Petitioner at the time of his being arrested on the Gold coast in Africa
delivered to Captain Wicky
the Commander of the Rotterdam Man of Wa [..] which brought your Petitioner to England
a List of the Evidence Material
for your Petitioner on the Trial of this Indictment whilst the said Captain Wicky remained on the said Court, in his Majesties
Service, and requested they may be brought home in the said Ship, in order to your Petitioner Trial, and which your Petitioner
humbly begs leave to shew he might have done, had he thought fitt
That in January Session last, an Indictment was preferred and found against your Petitioner
on a Special
Commission refused for that purpose pursuant [..] Statute (the offence if any being committed in parts beyond the Seas) to
which your Petitioner pleaded not Guilty but on account of your Petitioners Witness being absent as aforesaid in some of his
Majesty's Forts on the Gold coast
, his Majestys Attorney General on the part of Government undertook in the same Session to
send out a Ship for them, and the Grampress Man of [..] was according dispatched and is since returned without them, altho' your
Petitioner delivered at the same time into Court a list the same Witnesses of which Captain Wicky had before had a Copy, when on
the Coast of Africa
, and who your Petitioner verily believes may have been produced, had due diligence been used for that purpose
That the Witnesses named in the said Lists are material and of great Consequence on the part of your Petitioner,
and without whose Testimony he cannot safely take his [..]
That also from the length of this your [..] has been here, has lost, by Death, one of his Material Witness (Dortor Ormsby)
[..] to be Dangerous all of which [..]
And your Petitioner humbly begs lease her to shew into this honorable Court that he cannot but consider his case as
uncommonly hard and oppressive, his property having been most violent manner Seized and Sequedred, his Person imprisoned closely in Newgate
upwards of twelve Months, his Witness who are material prove his Innocence, with held by Negligence or design, and being entirely in the
Person of his prosecutors may be the means of his Imprisonment for Life, the uncertainty of their Arrival being apparent by a Letter your Petitioner hath
received a few days ago, from Philip Stephens< no role >
Esquire Security to the Lords Commissioners of the Admiralty, in the Words and figures following
Sir
"Admiralty Office 12th, October 1784
"In answer to your Letter of the 7th. instant I am Commanded by my Lords Commissioners of the Admiralty to acquiant you that on the
"17th of May last the Termagant was ordered to proceed to April in order to bring to Spithread the Persons you desired as Witness. to attend your Trior
I am
Sir
Your very humble Servant
Php. Stephens< no role >
Capn.
Kenneth Mackenzie< no role >
Newgate
That your Petitioner
lastly begs leaves to shew into this Honorable Court that thro' his Sufferings and Confinement together with an Ill
State of Health, and violent Scorbutic and other disorders organised thereby your Petitioner hath been very near losing and is now in danger of
his Life and he humble request Mr.
[..]