497. THOMAS BROWN proceedingsdefend was indicted for feloniously returning from transportation, and being at large on the 14th of March last, before the expiration of the term of seven years, without any lawful cause, against the statute .

Mr. Garrow Counsel for the Prosecution opened the case.

Mr. Silvester Counsel < no role > for the Prisoner objected to his being tried now, having been tried for the same offence at a late session, and acquitted.

The Court observed that he must of course remain after acquittal under bi ginal sentence of transportation, which ought to have taken place.

The record of the prisoner's trial and conviction read by Thomas Shelton < no role > , Esq; clerk of the arraigns, and examined by Mr. Silvester.

THOMAS FLETCHER < no role > sworn.

I am one of the headboroughs of St. Paul's, Shadwell; I apprehended the prisoner, he was tried in Court and acquitted, on promise of going abroad immediately.

Mr. Silvester. You know the reward? - Yes.

JAMES IVES < no role > sworn.

I know the prisoner, I did not positively knew him before the 14th of March last, I then saw him at large in St. Saviour's parish.

MARMADUKE GUEST < no role > sworn.

I am one of the officers, I never saw the prisoner before I found him at large in St. Saviour's parish.

JOHN OWEN < no role > sworn.

I am servant to Mr. Akerman, I know the prisoner, I knew him in June, 1783, he was tried here for stealing a great coat, the property of one Sewell, and received sentence of transportation.

Was he delivered to be transported, pursuant to his sentence? - Yes.

What ship was he put on board of? - I believe he was delivered on board the Swift, under Mr. Moore.

Are you sure that was the man that was tried here? - Yes.

Mr. Silvester. You are one of Mr. Akerman's servants, I take it? - Yes.

You have a great number of men there? - Yes.

Is there any thing particular to make you remember this man more than anybody else? - No more than having him under my care.

What did that man tell you that fetched you in to-day? - He told me I was wanted; when I deliver anybody on board of ship, I always make a remark.

(Looks at a book.)

Do you know every man that has been in your custody? - I know best part of them.

Did you go with all of them on board? - I did.

How many were there? - Eighty seven.

Should you know every man of that eighty-seven? - I believe I have pretty well told the best part of them.

You remember this man being tried for this matter last December sessions? - Yes.

And the Jury acquitted him? - Yes.

Court to Prisoner. Why are you found at large, after the warning you have had? - I applied to go to sea immediately, I applied to one Mr. Blackerar, who was to get me a ship to go to sea.

Mr. BLAKERAR sworn.

The prisoner applied to me to get him a birth to go to the East-Indies; he applied to me through one Chambers that works for me; I have a great many acquaintance, particularly one Mr. Wright, and he would have got a birth, if the ship's husband had not in a very unprecedented manner appointed another person as a butcher: Mr. Wright is not here now, he was here on Friday, and was obliged to go to Gravesend.

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

Court. Add my recommendation to it.

Tried by the second London Jury before Mr. Baron EYRE < no role > .