Old Bailey Proceedings:
Old Bailey Proceedings: Accounts of Criminal Trials
9th September 1789
The Sessions being ended, the Court proceeded to pass Judgment as follows.
Received sentence of Death, 11, viz.
William
Clarke
< no role >
,
William
Coombes
< no role >
,
John
Dudley
< no role >
,
Thomas
Willmot
< no role >
, Camel Delap Stewart,
Mary
Peters
< no role >
,
John
Price
< no role >
,
William
Pointon
< no role >
,
Alexander
Thomas Gilderoy
< no role >
, John Wright,
William
Charlton
< no role >
, and
George
Dawson
< no role >
.
N. B. He was sentenced to be drawn on a hurdle.
To be Transported for seven Years, 54, viz.
Robert
Jones
< no role >
, alias
Samuel
Say
< no role >
,
Robert
Daniels
< no role >
,
John
Taylor
< no role >
,
Nicholas
Percival
< no role >
,
Henry
Dutton
< no role >
,
William
Duncombe
< no role >
,
John
Hepworth
< no role >
,
William
Davis
< no role >
,
James
Spooner
< no role >
,
Richard
Coleman
< no role >
, William Gostick,
Simon
Solomons
< no role >
,
William
Bergon
< no role >
,
Thomas
Neale
< no role >
, Charles Marsden,
Elizabeth
Rice
< no role >
,
Richard
Ridge
< no role >
,
Gilbert
Baker
< no role >
, WilliamLloyd,
William
Shawe
< no role >
, James M'Cawley,
Elizabeth
Wood
< no role >
,
Mary
Martin
< no role >
,
William
Grant
< no role >
,
Mary
Donnavan
< no role >
,
Samuel
Alsford
< no role >
, Pierpont
Walter
Williams
< no role >
,
Nicholas
Tyler
< no role >
,
Michael
Cawdell
< no role >
, Rose Flude, Henry Lane, John Smith,
Thomas
Hambleton
< no role >
,
John
Davidson
< no role >
,
Stephen
Turpin
< no role >
,
John
Gates
< no role >
,
Henry
Coppin
< no role >
,
David
Jones
< no role >
,
Samuel
Houghton
< no role >
,
Richard
Wilson
< no role >
,
Mary
Desmond
< no role >
,
Mary
Butler
< no role >
,
John
Doll
< no role >
,
William
Crosdale
< no role >
,
John
Reason
< no role >
,
Mary
Mitchell
< no role >
,
Samuel
Davis
< no role >
,
William
Williams
< no role >
, Charles Silverwood,
John
Safely
< no role >
,
James
Molloy
< no role >
,
Rebecca
Chippenham
< no role >
,
John
Noble
< no role >
,
Thomas
Brown
< no role >
.
To be Imprisoned twelve Months, 2, viz.
Joseph
Hone
< no role >
, alias Hoar,
John
Hawthorn
< no role >
.
To be Imprisoned six Months, 16, viz.
Jane
Garland
< no role >
,
Ann
Corbett
< no role >
,
George
Brand
< no role >
,
William
Watts
< no role >
,
John
Whitehead
< no role >
, alias Smith,
Richard
Rickford
< no role >
,
William
Causey
< no role >
,
William
Olding
< no role >
,
Mary
Lovell
< no role >
,
Maria
Mackett
< no role >
, William Akers,
Thomas
Jones
< no role >
,
Thomas
York
< no role >
,
Elizabeth
Jones
< no role >
,
Richard
Allford
< no role >
,
Elizabeth
Thompson
< no role >
.
To be Imprisoned one Month, 1, viz.
Robert
Atkins
< no role >
.
To be Whipped, 14, viz.
John
Athaway
< no role >
,
Charles
Oliver
< no role >
,
Richard
Burden
< no role >
,
Charles
Shepherd
< no role >
,
Edward
Hurry
< no role >
,
George
Cooke
< no role >
,
Charles
Cooke
< no role >
,
John
Maxey
< no role >
,
Joseph
Salmon
< no role >
,
John
Whitehead
< no role >
, alias Smith,
Robert
Read
< no role >
,
Benjamin
Jones
< no role >
,
John
Johnson
< no role >
, Robert Atkins.
To be Fined, 2, viz.
William
Flower
< no role >
,
William
Olding
< no role >
.
The following capital Convicts who had been respited during his Majesty's pleasure, were set to the Bar, and offered Pardons on the Conditions under mentioned, viz.
John
Boxley
proceedingsdefend
, on condition of
transportation for life
, which he accepted.
William
Davis
proceedingsdefend
on the same condition, which he refusing, the Court addressed him as follows:
Prisoner at the bar, I think it my duty to state to you the very perilous situation in which you now stand; you have been convicted of an offence, for which, by the laws of your country, you have forfeited your life; but by the indulgence of a very kind sovereign, that life has been spared, to give you an opportunity of becoming a better man, in a different situation. I will, for one moment, throw aside the character of the Judge, for the Judge should, in his private capacity, be a friend to the unfortunate; at present, I address you, therefore, not as a Judge, but as a friend to an unfortunate man; and recommend it to you most sincerely, not to throw away that life which you have now an opportunity of saving. Having given you that advice as a friend to a man in a most lamenable situation, I shall now resume the character of the Judge; and tell you, that the administration of the justice of this country will not be sported with by men of your description; and if you do not accept the terms of the king's pardon, I shall order you for immediate execution; having given you this fair notice, I leave you to decide for yourself; but that decision must be made now, because you will not exist perhaps two days; perhaps not one, after your refusal.
(The question asked.)
Prisoner. Death is more welcome to me than this pardon.
Will you accept it? - I will not.
Court. Take him back to the condemned cells, and I shall sign a warrant of execution, as soon as I settle with the sheriffs, to prepare for that purpose.
William
Rayner
proceedingsdefend
set to the Bar. Will you accept the king's pardon, on condition of
transportation for life
? - Yes; and I humbly request my sentence may be put in force; and that I may not be made a slave in a free country.
James
Watts
proceedingsdefend
. My lord, I beg a fewminutes indulgence, to address myself to the Court; I do not mean to refuse my sentence, in my unhappy situation, which is yet different from my unhappy fellow sufferers. Previous to my trial, my prosecutor was proved to have been in a madhouse at Bethnal-green; and two days afterwards, he snatched his child newly born, and had liked to have dashed his brains out; and he was then sent to Bedlam; his two brothers are there now: and from the improbability of the robbery, and the circumstances attending it, I am sure your lordship will be convinced that me and
Francis
Hardy
< no role >
were totally innocent: a robbery in St. Clement's-church-yard, at five o'clock in the afternoon, at this time of the year; and no evidence but that of the prosecutor; we had no doubt but we should have received mercy ere now; no unhappy man will have a higher sense of his majesty's clemency and mercy, than myself: want of friends, and long confinement, has rendered us in a deplorable situation; I may appear now a little clean and decent; that I have done, not to offend the Court; but, for three years, the iron hand of oppression has been very severe against me; I do not mean to refuse my sentence; but as I shall never more be heard in this country, I have taken this liberty; my lord, it is not death I fear, by the stroke of the executioner, but I know, by refusing that sentence offered me, I shall offend God, at whose bar I must one day answer for my offences. I appeal to heaven, that I am as innocent of the charge laid against me, as your lordship; and so is the man convicted with me; and the circumstances attending my prosecutor, has induced me thus to appeal, if possible, that my sentence may be taken into consideration; I am sensible of his majesty's mercy; and certain I am, was my case known to him, he would extend a further mercy towards me; the stewards of Bedlam hospital will testify that our prosecutor was there, and his two brothers were there; Mr. Bowman, of a private madhouse, proved in this court, he was at his house; I have undergone a great deal during my three years confinement; but I do not mean to refuse my sentence, because I know I should offend God; I have imbibed these notions of christianity from my parents, which I should be sorry to deviate from; and I am sure, if my case was known to my gracious sovereign, he would look upon me with an eye of compassion. My lord, what I have said, you will find to be perfectly true.
Court. Prisoner, so far, you certainly have done right in accepting the king's pardon; that sort of conduct will give you a chance; if upon the circumstances of your case, there is any hope for mercy at all, (for no man who refuses the king's pardon, and treats it with contempt, can expect after that, to receive any favour from the crown; the best advice I can give you, is to have these circumstances represented to his majesty, as it is to him alone you must make application.
Prisoner. I beg leave, my lord, to return you thanks for the condescension and indulgence you have allowed me in speaking, as I never expected to be heard again here; and I now
bow obedience to whatever his majesty's royal pleasure is; I accept it
.
Francis
Hardy
proceedingsdefend
. I wish to state to your lordship a word or two; I stand here convicted of a robbery; I believe, the strict text of the law in every sense, has prohibited, and forbid in every court of justice, that no lunatick whatever should be permitted to give evidence to affect any fellow subject's life; but mine was affected; I certainly have lost my liberty for near three years, for an offence that I have not been guilty of; I can testify before God, with a clear conscience, that I know nothing of that case whatever; nor the man that has last spoke; but the accusation proceeded from a rancour and malice raised in this prosecutor's mind, which I hope was from an act of insanity; I trust so; but notwithstanding the circumstance stated by Mr. Bowman, who proved to the Court, that he had been at his house for insanity;yet no respect was paid to Mr. Bowman's testimony; and four days after our conviction, his wife was brought to bed; and he dragged the child from Goldsmith-street, Gough-square; this is a truth to every body's knowledge; he dragged it into the Fleet-market in the skirt of his coat; and was going to throw it into the Thames. We did not ought to have suffered an hour's imprisonment on such a man's account; and I trust our hard case will be a warning to courts of justice, and more especially to the learned judges, never more to permit madmen to affect the lives and properties of his majesty's subjects; but I
accept it
.
Joseph
Morrell
proceedingsdefend
. I wish to speak a few words; I have been here six years for transportation, since I was sent to gaol; and I went to Woolwich; I suffered such hardships, that I made my escape; since that, I have been three years in this gaol; I hope I shall not go on board any more hulks; I accept my sentence very freely, only not to send me on board the hulks.
John
Robinson
proceedingsdefend
. No, I will go to my former sentence.
Court. It is not necessary to repeat the observations I have made before; I have told you the situation in which you stand; you will have no further opportunity of accepting mercy; and if you now treat this with contempt, I shall order you for immediate execution.
Prisoner. I find I am in the hands of men.
Court. Do you accept of his majesty's mercy, on that condition mentioned? - No.
Court. Take him to the condemned cells immediately.
George
Hyser
proceedingsdefend
. I return his majesty many thanks, but as I must leave my native country for a thing I am innocent of, I should rather have my former sentence, if I may have a proper time to make my peace with my Maker.
Court. I cannot conceive you can aggravate your offences before God more, than by this refusal; I give you notice, that you will be immediately ordered for execution; and you may be considered as committing murder upon yourself; if you chuse to appear in the face of Almighty God in such a situation, you must take the consequence; expecting to remain a very short time here, and to be in perpetual torment hereafter; now judge for yourself.
Prisoner. I hope you will give me proper time to make my peace with my maker.
Court. It is not in the power of the Court; you had better be advised; I can give you no time; you must now decide your fate for ever? - I will not accept it.
Court. Take him to a condemned cell immediately.
John
Durham
proceedingsdefend This name instance is in set 2660.
. I was convicted in December sessions, 1787, on the evidence of
Francis
Fleming
< no role >
; I was intirely innocent; the late recorder, then in his charge to the jury, told them, he thought it was not law, to convict a man without any corroborating circumstance; there was none in my case; as such, I think I should not accept it.
Court. If you wish to make any application, you must make it elsewhere; but it is totally incompetent to alledge that here.
Prisoner. I think I ought to suffer as a man; I am very sorry I must refuse it.
Court. I need not repeat to you, what has been repeated to others before; but yet, seeing the dreadful situation in which you stand; I shall observe to you, that you certainly will not be in a situation to appear before your maker, with the aggravated offence of being your own executioner; to go into the other world by the means you now propose to yourself; and it will be too late to accept this offer afterwards; you will be immediately ordered to the condemned cell; and as soon as the execution can be prepared by the sheriffs, a warrant will be signed, and you will suffer death? - I accept it.
Edward
Crowther
proceedingsdefend
. I will not accept it.
Court. I certainly shall spare myself the pains of repeating to every prisoner; judge for yourself; it will be too late tochange your mind hereafter; and when you come to face the executioner, in your last moments, you will severely lament this refusal.
Prisoner. I should much rather return to my former sentence.
Court. Take him to the condemned cell.
Thomas
Messenger
proceedingsdefend
. I would rather die.
Thomas
Newby
proceedingsdefend
. No, if I am to be sent abroad; I have never been of any business, therefore I must be in a state of slavery, therefore I wish to resign my life among my friends and relations.
Court. Do you accept it or not? you are a young man; you will add vastly to the offences you have committed; you are certainly, at your time of life, considering the life you have led, not fit to be launched into the other world, with the consideration that you throw your life away.
Prisoner. I humbly thank your lordship for the pains you have taken, had I any view or hopes of getting any interest; I have no hopes of a conditional pardon, therefore I reject the sentence; I am sorry to trouble you my lord.
Court. Take him to the condemned cell, to be ordered for execution.
James
Dawson
proceedingsdefend
. I would rather go to my former sentence.
Court. Take him to the cell.
Thomas
Chaffey
proceedingsdefend
. No.
Court. Take him to a condemned cell, immediately.
The following capital convicts accepted his Majesty's pardon, on condition of being
transported for life
.
Thomas
Vallame
proceedingsdefend
,
Daniel
Collins
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,
William
Shurberd
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,
Thomas
Ransom
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,
William
Bead
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,
John
Gervalt
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,
William
Allen
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,
John
Wright
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.
Joseph
Reay
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,
Solomon
Pocock
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,
Thomas
Smith
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,
Richard
Allen
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,
James
Usher
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,
Thomas
Glaves
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,
John
Crompton
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,
George
Ellison
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,
William
Barton
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,
Richard
Joy
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,
William
Adams
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,
Daniel
Henley
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,
James
Everard
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,
Peter
Bolton
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,
James
Lara
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,
Thomas
Collins
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,
Thomas
Grainger
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,
Thomas
Collins
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,
George
Dunstan
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,
Michael
Hoy
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,
John
Wood
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,
John
Cobcroft
proceedingsdefend This name instance is in a workspace.
,
William
Stubbs
, alias
Fielder, alias
Jack the Gardener
proceedingsdefend
,
James
Wilkinson
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,
John
Young
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,
John
Place
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,
Francis
Harris
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,
William
Stevenson
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,
John
Thomas
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,
John
Crawford
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,
Thomas
Jones
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,
Robert
Guy
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,
Robert
Fenwell
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,
Joseph
Taylor
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,
James
Hornsby
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,
Thomas
Johnson
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,
William
Richardson
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alias Jones
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,
Thomas
Edwards
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,
Joshua
Softly
proceedingsdefend
,
John
Pace
proceedingsvictim
,
Robert
Jones
proceedingsdefend
,
Solomon
Bockarah
proceedingsdefend
,
Thomas
Thrush
alias
Thrust
proceedingsdefend
,
Thomas
Carter
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,
John
Aiken
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,
Richard
Cole
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,
Joseph
Ward
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,
Thomas
Serjeant
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,
Samuel alias
George
Stevenson
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,
Edward
Riley
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,
William
Glover
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,
Charles
Woodyer
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,
James
Joiner
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,
John
Robby
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,
George
Porter
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,
William
Thorne
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,
John
Jennings
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,
John
Wood
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,
Richard
Arnold
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,
Daniel
Keneling
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,
Michael
Jones
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,
John
Millett
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,
Abraham
Jacobs
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.
The following capital convicts were offered his Majesty's pardon, on condition of
Transportation to the Coast of New South Wales, for seven years
, which they accepted, viz.
William
Clay
proceedingsdefend
,
George
Wallis
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,
Daniel
Brien
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,
Thomas
Wood
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,
Jacob
Jonas
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,
Thomas
Johnson
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,
George
Lovell
alias
Gipsey George
proceedingsdefend
,
James
Shirley
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,
Charles
Berkley
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,
Thomas
Tusk
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,
James
Bebbin
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,
Robert
Fawcett
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,
William
Tanner
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,
Thomas
Holyoake
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,
Samuel
Crofts
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,
William
Johnson
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,
Edward
Collins
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,
Walter
Forguson
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,
William
Harper
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,
Robert
Cox
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,
William
Caddie
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,
Thomas
Ward
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,
John
Harper
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.
Ann
Smith
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also accepted his Majesty's pardon on condition of being confined to
hard labour twelve months, in the house of correction
.
N. B. In the evening, on the application of the Rev. Mr. Villette, the ordinary, the five following prisoners were again brought up to accept of the pardon.
John
Robinson
proceedingsdefend
,
George
Hyser
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,
Thomas
Messenger
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,
Thomas
Newby
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,
James
Dawson
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.
Court. Prisoners, the ordinary, in tenderness to you, and out of his great humanity, has taken the trouble to deliver a message from you stating to me, that you are disposed to beg pardon of the Court; it will always be my inclination, and the inclination of the Court, to favor the life of persons in your situation; are you disposed to make proper submission? - Yes, my lord.
Sentence passed on those five to be
transported for life
.
By order of the Court, the following three prisoners were also brought up again,
William
Davis
proceedingsdefend
,
Edward
Crowther
proceedingsdefend
,
Thomas
Chaffey
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, and set to the bar.
Court. Prisoners, I have sent for you in hopes that the example of the other prisoners, who have been brought up for their sentence, and received the King's pardon, might induce you to spare your own lives; I think it my duty now to state to you, that the Sessions will in a very few moments be closed upon you; when the Sessions is closed you will be ordered for immediate execution; and it will be too late for you to change your mind on this dreadful subject; I have only therefore to recommend to you, once more, to think of your situation, which to you must be sudden destruction, if you do not accept of the terms of the King's pardon; you can have no other chance of saving your lives.
The three prisoners refused, and were ordered to the cells.