617. JOHN MURPHY proceedingsdefend was indicted for returning from transportation, and being found at large on the 1st of September , without any lawful cause .

(The Record read as before.)

JOHN OWEN < no role > sworn.

I perfectly recollect the prisoner, he was convicted to be transported for seven years.

THOMAS HARVEY < no role > sworn.

I am a shoemaker, I apprehended the prisoner at Hawkhurst in Kent , three of four more were with me.

Prisoner. My Lord, I only beg he will mention my behaviour at the time he took me? - He gave himself up quietly.

Are you sure you are not mistaken in the person? - No.

THOMAS BRADBURY < no role > This name instance is in a workspace. sworn.

Was this prisoner one of those that was delivered to you? - He was.

Was he active or passive? - I do not recollect seeing him have any hand in the disturbance when they made the rush; he was always a quiet inoffensive man.

Prisoner. I would wish to ask Mr. Akerman how I have behaved since February last.

Mr. AKERMAN sworn.

During the time he was a prisoner with me, he was always a quiet, sober, wellbehaved man, and I wished the poor man well, he was here to receive some favour, he behaved exceedingly well, not only from my own knowledge, but from all my servants.

Jury. My Lord, I have known his master give him one of the best of characters, notwithstanding he prosecuted him.

GUILTY Death .

Court to Jury. Gentlemen of the Jury, with respect to yourselves, there is no variance in the case, I shall make minutes of all these different favourable representations.

[Pardon on condition of Transportation. See summary.]