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London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
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JOHN HENRY AICKLES
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was indicted for
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feloniously returning from transportation, and being found at large without any lawful cause, before the expiration of the term of seven years, for which he was so transported
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Mr. Silvester. My Lord, in this case the sentence is not set forth in the indictment, the offence is being at large, after having received the King's pardon, on condition of transporting himself; I move to quash the indictment.
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Court. It is sufficient to effect the prisoner that he had received sentence of transportation, and was found at large; the condition is broken.
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Mr. Garrow. My Lord, I am for the prisoner, and the prosecutor now exercising his judgment on the case, says his evidence will not meet his case; these sort of applications are not favourable to prisoners, there is nothing bad on the face of the indictment; your Lordship sees that this defendent has pleaded; and what is the error on the face of the record; it states the conviction, it states the sentence, and the breach
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of that sentence; but it is not true in point of fact, because that sentence was altered by the King's pardon, but your Lordship do not know that in a judicial way.
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Court. What is the end of your objection?
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Mr. Garrow. Why my Lord, that this poor devil may be remanded to his former sentence, instead of being hanged; and that he may be acquitted on the defect of the fact applying to this indictment: he is indicted now because he has been at large after the judgment of transportation passed in this court; when that is disposed of, the other is a quite different offence; whether he has been guilty of the breach of the King's pardon or not.
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Court. He must be acquitted on this indictment, and remanded till the next sessions.
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NOT GUILTY
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