Old Bailey Proceedings:
Old Bailey Proceedings: Accounts of Criminal Trials

16th October 1782

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Currently Held: Harvard University Library

LL ref: t17821016-35




646. ROBERT SIDEAWAY proceedingsdefend This name instance is in set 2658. was indicted for that he having been convicted of grand larceny at the last sessions, and ordered by the Court to be sent and transported to America for the term of seven years, was afterwards on the 18th day of September last found at large within this realm of Great Britain, without any lawful cause, before the expiration of the said term of seven years, for which he had been so transported, against the form of the statute .

(The record of the prisoner's conviction read.)

GEORGE BURNEY < no role > sworn.

Do you know the prisoner at the bar? - By seeing him in Newgate.

Do you know his name? - Robert Sideaway < no role > This name instance is in set 2658. .

Were you present at his trial at the last sessions? - No; on the 18th of September I was on duty at Newgate, I was sitting in the tap with the turnkey, John Pitt < no role > , William Compton < no role > , and Anthony Harrison < no role > , there came two or three boys to the door, they said they saw a prisoner go into a house with a fetter on; we three followed the boys to the house, but by some means Harrison lost his way, and Compton and me followed the boys to the door; we knocked at the door, and he came to the door in woman's clothes; the house was in Goldsmith-street; he had a green bonnet on, and a white bedgown and petticoat; I happened to know his face, and Compton and I seized him directly; he was sent back to Newgate.

JOHN PITT < no role > sworn.

I brought the prisoner back to gaol; after he was taken he got out of the passage going up to gaol.

Prisoner's Counsel. He was not carried back to gaol from here; he had his irons on when he was taken? - Yes.

Prisoner's Counsel. It is a cruel thing not to take care of them, because the inducement to escape is so natural.

WILLIAM COMPTON < no role > sworn.

I was on duty the 18th of September at Newgate; I pursued and was present when the prisoner was taken, the prisoner is the man; I was not present at his trial or sentence.

ANTHONY HARRISON < no role > sworn.

I did not see the prisoner taken, I was not present at his trial, and when he received sentence; on the 18th of September at night, I was at Newgate; there was an alarm came that two prisoners had made their escape; I and Burney, and Compton pursued the prisoner, and I was not present when he was taken; I saw him after he was taken at the alehouse, the corner of Goldsmith-street, and he had no coat or hat on, and I brought him back to the keeper; he was then in custody without a coat or hat, sitting on the table.

JOHN OWEN < no role > sworn.

I believe I was present when the prisoner received sentence.

Do you recollect the sentence? - Seven years to some of his Majesty's plantations in America; I was present, this is the same man, there was no other Robert Sideaway < no role > This name instance is in set 2658. .

Prisoner's counsel. Do you remember the terms of the sentence, in which it was pronounced? - I believe it was that he should be transported to some of his Majesty's plantations in America, for the term of seven years.

Was it not a part of the sentence, that he should be taken back to the place from whence he came? - No.

Prisoner's counsel. The difference between his case and a palpable escape is, that he never was carried back to the gaol; an escape from the gaol of Newgate, is a different thing to this man's, he never did escape out of Newgate.

Court. in the case of transportation, the carrying back to the place from whence they came, is no part of the sentence; if the transports should be ready in the river, the court would probably prefer that mode; the carrying back to gaol, is no part of the sentence: it is only to detain the person for the execution of that sentence.

Prisoner's counsel. He was taken with the irons on him and brought back, it is said for me to say, that he only varied the path to prison.

PRISONER's DEFENCE.

I am very sorry to give the court the trouble, I acknowledge I got through the hole, my irons was not off, I never had any intention, till I saw other prisoners go that have been taken since, and forgiven; even my irons were not off, and I had not so much as a knife about me; I never was out of sight, even people followed me into the house. My Lord, I beg for mercy.

GUILTY ( Death .)

Tried by the London Jury, before Mr. RECORDER.




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