366. CHARLES PEYTON proceedingsdefend was indicted for feloniously returning from transportation, and being found at large on the 8th day of February , without any lawful cause, before the expiration of his term .

WILLIAM HERNE < no role > sworn.

I know the prisoner, I took him on suspicion of being a thief, on the 9th of this month, I found the prisoner in my master, Captain Powney < no role > 's room, he was shut in, and on searching him, I found a knife belonging to my master, and I missed my hat; we took him to the watch-house.

DANIEL BUSHNELL < no role > sworn.

I know the prisoner, his name is Charles Peyton < no role > ; I am gaoler of Reading, he was my prisoner, I saw him condemned last March assizes, I brought him to London, and he was taken to Woolwich, in order to be transported.

(A certificate from the Clerk of the Assize of the Prisoner's conviction read by Thomas Shelton < no role > , Esq; Clerk of the Arraigns.)

ROBERT HUTCHINS < no role > sworn.

I am constable of the parish of St. James's, Westminster, I took the prisoner before Sir Sampson Wright.

PRISONER's DEFENCE.

I have only to say, I had very hard urage on board the hulk; but I did not mean to remain in England, I had been at sea for ten years.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. ROSE.