234. (L.) JOHN SMITH proceedingsdefend was indicted for returning from transportation before the expiration of his time , January 12 . ~

Richard Spratly < no role > , I had this copy of the record of the conviction of John Smith < no role > , at the Maidstone summer assizes, 1773, from Mr. Knapp's office. I took the prisoner on the 12th of January, in a court in Aldersgate Street. I have known him almost all his life. I knew he had been tried, and ordered to be transported. I was not at his trial.

(The copy of the record read)

Robert Stephens < no role > . I am turnkey to Maidstone Goal. I know the prisoner; he was tried at Maidstone summer assizes, 1773, for a highway robbery on William Love < no role > , an old Greenwich College man. I was at the trial; he was found guilty and received judgment of death. I am sure that prisoner is the man, he was in the goal seven or eight months: he was pardoned, on condition of transportation for fourteen years. I saw him on board the ship, and have the captain's receipt for the body, but was busy getting the irons off, and did not see him sign it.

Prisoners Defence.

I was sent out of the land; I never received sentence of transportation. I was sent on board; I did not know for what time.

Question to Stephens. Are not the prisoners informed how long they are to be transported?

Stephens. We inform them. - When capital convicts are reprieved before the judge goes out of town, we are sure they will be transported: we hear no more of it till we receive the contract. - I said, Jack you go for fourteen years. He said, he did not care, America should not hold him fourteen years, nor two neither.

Guilty Death .