39. THOMAS FARMER otherwise SMITH proceedingsdefend This name instance is in set 2645. was indicted for feloniously escaping, on the seventh of November , from the place of his confinement, in pursuance of the sentence passed on him at the delivery of the king's gaol of Newgate, holden for the county of Middlesex, on Wednesday the 10th of July last, having been convicted at that sessions for felony, and received sentence to be kept to hard labour for the term of three years, in the raising sand, soil, and gravel, &c. for the benefit of the navigation of the River Thames, under the management and direction of the overseers appointed pursuant to the statute .

2d Count. For that having received sentence as aforesaid, feloniously on the 7th of November, and during the term for which he was so ordered to hard labour, he did escape from Duncan Campbell < no role > , Esquire, the person that had the lawful custody of the said Thomas Farmer < no role > otherwise Smith, against the statute, &c.

'The certificate of the conviction and sentence

'of the prisoner to hard labour, &c.

'signed by Mr. Deacon the Clerk of the Arraigas,

'was produced in Court and read.'

JAMES JOHNSON < no role > sworn.

I am mate of the ship stationed in the river for receiving convicts: the prisoner was sent on board about two months ago, and was in my charge; he made his escape from one of the lighters; I did not see him, but here is a witness that did.

Did he ever come back again? - No.

You are sure he is the man? - I am.

SAMUEL MIDDLETON < no role > sworn.

I am before the mast on board this ship.

Do you know of the prisoner being on board this tender? - Yes; he was on board before I was in the ship; I was in the lighter he made his escape out of; there were eight made their escape; I saw them get into a boat; the prisoner was one of the last that got in; and they rowed the boat on shore.

How long is this ago? - I cannot remember the day of the month; it is about a month ago.

CHARLES GRUBB < no role > sworn.

I am a constable: I know the prisoner was convicted here in July last; I had an information since that he was at a place at the Gravel-pits; and I went and apprehended him.

When was it you apprehended him? - A week ago last Monday.

' John Atwood < no role > , who was with Grubb at

'the apprehending of the prisoner, confirmed

'Grubb's testimony.'

PRISONER's DEFENCE.

I should take it as a very great favour if your lordship would let me go on board a man of war; I am afraid I shall be cruelly used if I am carried on board this ship again.

GUILTY .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM < no role > .

[Imprisonment. See summary.]