603. GEORGE SPIKES proceedingsdefend was indicted for returning from transportation before the expiration of the term of seven years, for which he was ordered to be transported .

WILLIAM HOMAN < no role > sworn. - Q. From whom had you this certificate? - A. From Mr. Shelton's office. (The certificate read in Court.)

"Middlesex. - These are to certify, that at the delivery of the King's gaol of Newgate, holden at Justice-Hall, in the Old Bailey, on Wednesday, the 24th of April, in the forty-fifth year of His Majesty's reign, before His Majesty's Justices then present, George Spikes < no role > was tried for that he, on the 9th of March, in the year aforesaid, with force and arms, thirty yards of blue baize, value three pounds, in the shop of William Busby < no role > , privately and feloniously did steal and carry away, he was thereupon, by the Jurors between our Lord the King and the prisoner, found guilty of feloniously stealing, but not privately, in the shop of the said William Busby < no role > ; and the said George Spikes < no role > was ordered and adjudged to be transported for the term of seven years to such parts or places beyond the seas as his Majesty, in Privy Council, should think fit to appoint and declare. August 15th, 1805, Thomas Shelton < no role > ."

Q. Do you know the prisoner at the bar? - A. Yes.

Q. Were you present when he was tried? - A. Yes.

Q. Was he tried here? - A. Yes, three or four times I have known him tried.

Q. You know nothing more than seeing him at large? - A. When he was brought to the Office at Bow-street, then I knew that he was ordered to be transported.

WILLIAM HAYES < no role > sworn. - I apprehended the prisoner in Bryanstone-street, on the 26th of July, for stealing a great coat.

Prisoner's defence. When I left the goal, I was sworn into His Majesty's service at the Office, in Queen-square; I was to have five guineas bounty, but four pounds eighteen shillings and sixpence of the said sum went to pay the goal-fees, and your prisoner received the overplus, thinking to serve His Majesty, your prisoner was disappointed, the serjeant of the Marines knew me to be a deserter, and directly went and informed the Colonel that there was a deserter; the Colonel asked Serjeant Taylor, of the Brown Bear < no role > , Bow-street, who enlisted us, what we were; Serjeant Taylor said, we were all prisoners, and had received His Majesty's pardon; the Colonel-Major replied, you are all thieves, and reprimanded the serjeant for not shewing the copy of our pardon; the Colonel asked us what we were there for; your prisoner was the first he asked; I told him it was for a slight offence, I was sworn to be a person that stole a roll of cloth; I was ordered to the Guardroom, and was to have been tried by a Court-Martial at Chatham barracks, but the Court-Martial did not take place; they detained us, and called us thieves, which made our lives miserable, but my companions were fortunate, and your prisoner was rejected; the Colonel was exasperated at my not having shewn the things that our bounty would have purchased; he would have nothing to do with me. I leave it to the mercy of the Court, I am an unfortunate person; I was guilty of being charged with a felony in April Sessions, and I have suffered by the civil law.

GUILTY , Death , aged 17.

Second Middlesex Jury, before Mr. Justice Heath.