<div1 type="trialAccount" id="t17850629-107"> <interp inst="t17850629-107" type="collection" value="BAILEY"></interp>
<interp inst="t17850629-107" type="uri" value="sessionsPapers/17850629"></interp>
<interp inst="t17850629-107" type="after" value="17850629"></interp>
<interp inst="t17850629-107" type="before" value="17850629"></interp>
<join result="criminalCharge" id="t17850629-107-off518-c860" targOrder="Y" targets="t17850629-107-defend1089 t17850629-107-off518 t17850629-107-verdict519"></join>
<p>709. <rs type="persName" id="t17850629-107-defend1089"> <interp inst="t17850629-107-defend1089" type="role" value="proceedingsdefend"></interp>
JOHN HENRY AICKLES <interp inst="t17850629-107-defend1089" type="surname" value="AICKLES"></interp>
<interp inst="t17850629-107-defend1089" type="given" value="JOHN HENRY"></interp>
<interp inst="t17850629-107-defend1089" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17850629-107-off518" type="offenceDescription"> <interp inst="t17850629-107-off518" type="offenceCategory" value="miscellaneous"></interp>
<interp inst="t17850629-107-off518" type="offenceSubcategory" value="returnFromTransportation"></interp>
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 </rs>
.</p>
<p>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.</p>
<p>Court. It is sufficient to effect the prisoner that he had received sentence of transportation, and was found at large; the condition is broken.</p>
<p>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<xptr type="pageFacsimile" doc="178506290140"></xptr>
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.</p>
<p>Court. What is the end of your objection?</p>
<p>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.</p>
<p>Court. He must be acquitted on this indictment, and remanded till the next sessions.</p>
<p> <rs id="t17850629-107-verdict519" type="verdictDescription"> <interp inst="t17850629-107-verdict519" type="verdictCategory" value="notGuilty"></interp>
NOT GUILTY </rs>
.</p>
</div1>

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