The Sessions being ended, the Court proceeded to pass Sentence as follows:

Received Sentence of Death, 19, (viz.)

Solomon Polock < no role > , Sophia Pringle < no role > This name instance is in set 1311. , Francis Saunders < no role > , Benjamin Nash < no role > , Charles Franklin < no role > , Thomas Smith < no role > , Richard Allen < no role > , James Usher < no role > , John Marshall < no role > , John Ball < no role > , Mary Cummins < no role > , otherwise Forbes, Thomas Glaves < no role > , Joseph Rawley < no role > , Richard Notely < no role > , Robert Richardson < no role > , Luke Hurst < no role > , Mary Atkinson < no role > , John Crampton < no role > , John Fatt < no role > .

To be Transported for seven years, 37, (viz.)

Mary Marshall < no role > , John Williams < no role > , John Boot < no role > , John Ford < no role > , Michael Dunn < no role > , James Molee < no role > , Mary Allen < no role > , otherwise Conner, Catherine Henry < no role > , James Smith < no role > , James Price < no role > , Robert Coleman < no role > , William Page < no role > , John Cushton < no role > , Charlotte Cook < no role > , James Penn < no role > , Elizabeth Bruce, Elizabeth Anderson < no role > , Charles Dickinson < no role > , Marquis Granbury, James Wilbo < no role > , John Anderson < no role > , Isabella Rosson < no role > , Edward Price < no role > , James Leslie < no role > , Robert Tapley < no role > , John Jones < no role > , Sarah Hall < no role > , Lazarus Graves < no role > , Catherine Smith < no role > , Tho. Lambert < no role > , Thomas Haley < no role > , Elizabeth Hayward < no role > , James Powel < no role > , John Cook < no role > , William Robinson < no role > , John Smith < no role > , Elizabeth Beckford < no role > .

To be imprisoned for twelve months, I, (viz.)

Thomas Fuller < no role > , and fined one shilling.

To be imprisoned one months, 5, (viz.)

John Hoare < no role > , Ann Matthews < no role > , John Walley < no role > , Benjamin Fanshawe < no role > , Phebe Downes < no role > .

To be imprisoned three months, I, (viz.)

Thomas Spencer < no role > .

To be imprisoned one week, I, (viz.)

Joseph Wiggins < no role > .

To be whipped, 5, (viz.)

Thomas Spencer < no role > , John Carter < no role > , John Walley < no role > , Joseph Wiggins < no role > , Thomas Hobbs < no role > .

The following prisoners who were capitally convicted at former Sessions received his Majesty's pardon, on condition of being transported for the following terms, to the Eastern coast of New South Wales, or some one or other of the islands adjacent, (viz.)

Charles King proceedingsdefend , Thomas Thompson proceedingsdefend , Benjamin Rogers proceedingsdefend , Hugh M'Donald proceedingsdefend , Joseph Dyer proceedingsdefend , George Charlwood proceedingsdefend , Thomas Colebrook proceedingsdefend , John Langford proceedingsdefend , Sarah Parry proceedingsdefend , Thomas Harris proceedingsdefend , Hannah Mullens proceedingsdefend , James May proceedingsdefend , Edward Paild proceedingsdefend , John Delove proceedingsdefend , Henry Asser proceedingsdefend , Daniel Chambers proceedingsdefend , John Turwood proceedingsdefend , Thomas Freeman proceedingsdefend , and John Crawford proceedingsdefend , for life.

George Dunstan proceedingsdefend , Thomas Scrivenor proceedingsdefend , John Bateman proceedingsdefend , Abraham Boyce proceedingsdefend , John Mears proceedingsdefend , George Shepherd proceedingsdefend , John Lockey proceedingsdefend , Mary Smith proceedingsdefend , Henry Palmer proceedingsdefend , Joseph Burdett proceedingsdefend , James Evans proceedingsdefend , William Knight proceedingsdefend , Joseph Butler proceedingsdefend , and Margaret Dawson proceedingsdefend , for the term of seven years.

Samuel Burt proceedingsdefend This name instance is in set 2643. convicted at a former session of forgery, was also put to the bar, and informed that his Majesty had been graciously pleased to extend his mercy to him on condition of his being transported for life ; when he addressed the Court as follows.

Your Lordship's humanity to me, and also that of the worthy Sheriffs, from the fatal day of my conviction, has stamped such an indelible impression on my mind, that I should think myself lost to every feeling of gratitude, if I did not return your Lordship and the worthy Sheriffs my most humble thanks; but my Lord, at the same time, I have to assure your Lordship in the most solemn manner, that as I now feel myself forever cut off from the union of a person that was most dear to me, death to me will be preferable to life; I shall therefore insist upon your Lordship to order my sentence to be put into execution: I am truly sensible of the crime I have committed; but it is the most pleasing reflection I have, that although I have been guilty of many irregularities, yet I do not look upon myself as entirely depraved, I trust in the merits of my blessed Saviour, through whose intercession, I hope to become a glorified Saint in Heaven, there to be delivered from the power of evil, and through him to have an entrance into that blessed world, where I shall no more know sin, sorrow, or death; there perhaps I may meet my amiable friends, and rejoice with them to all eternity.

Mr. Recorder. Young man, I was in hopes the unfortunate situation in which you stand had compleatly corrected the disorder of your mind, and the first part of your address confirmed me in my expectation; but you should well consider, in respect to the other part of your address; for if you have that sense of mind, that duty to God, and that submission to the laws of your country which you have expressed; you must know that you cannot commit a greater crime, than that of voluntarily throwing away that life, which the mercy of your sovereign has thought proper to spare; your execution upon refusing his Majesty's most gracious pardon, will be but self murder; and it is your duty patiently to submit to the consequence of that fact, of which you have been convicted; but in consideration of the state of your mind, his Majesty has extended mercy to you, in a case in which mercy is seldom allowed; for the crime of forgery is so heinous to the public, that it can only be on special circumstances that any mercy can be granted; the best proof you can give of a repentant mind, and of submission to the laws of God and Man, is to submit to his Majesty's pleasure, and to set an example to a part of the world where you may have an opportunity of leading an honest life for the future, which it is too difficult for you to do at home; you should be thankful for what you have already received, and submit to his Majesty's goodness in granting you a pardon; and therefore I expect from that sense of duty, and of religion, and submission to the laws, which you profess to have, that you will consider of it; and I will give you to the first day of the next session so to do.

Prisoner. My Lord, I thank your Lordship; but in the present case, I have an unquestionable right to my own opinion, and as death would be preferable to me, I am determined to persevere in applying for the execution of my sentence.

Court. You should be aware that if the King's mercy is rejected and abused, when you come to a better temper of mind, which the fear of death will certainly produce, you may have then no opportunity of applying for that mercy which you now refuse.

Prisoner. I am still determined to persevere in the same opinion.

Court. I shall remand you to prison, and give you till the first day of next session to consider of it, and if you then refuse his Majesty's pardon, you may expect immediate execution.

Prisoner. Very well my Lord.