PATRICK MADAN proceedingsdefend being brought to the bar, Mr. Recorder stated to him the former proceedings of the court.

Patrick Madan < no role > This name instance is in set 2639. , you were brought up at the last Sessions, to know what cause you had to assign to the court, why execution should not be awarded against you upon the sentence of Death, you had received upon the felony of which you had been convicted; you stated a defence in writing, and the court gave you time to prove the facts alledged in that defence, which must now be read again in court.

(The defence was then read by the clerk of arraigns. See the written defence, page 18, in the Sessions Paper, No. 1. Part 1. of the last Sessions.)

Mr. Recorder then interrogated him.

Are you now prepared with any evidence, to prove the truth of the facts stated in this defence?

Patrick Madan < no role > This name instance is in set 2639. . No, my lord; no farther than what I have informed you already; I told your lordship, I could not be prepared with evidence from Ireland, I was destitute of friends and money.

Have you no evidence now to offer? - No, my lord, I have sent a letter to Ireland, but I have had no answer to it.

Mr. Recorder. The record of this conviction was read at the last sessions, he then acknowledged he was the same Patrick Madan < no role > This name instance is in set 2639. that was convicted of that offence, and stated the defence which has now been read, and the court gave him till next sessions to prepare a farther defence; he is not now prepared with it; the order of the court is, that he be remanded under the same sentence passed upon him, at the sessions in which he was convicted; the court is of opinion, that having broken the condition of the pardon, he remains in the same state in which he was before that pardon was granted; which was, that of remaining under sentence of death, with a respite of that sentence of death, during his Majesty's pleasure; he must therefore now be remanded to prison; and I shall state the case as it now appears, of his being at large, contrary to the condition of his Majesty's pardon, to the twelve judges for their opinion; if that opinion should be, that he is subject to be executed upon his former sentence, I shall communicate it to his Majesty.

Patrick Madan < no role > This name instance is in set 2639. . I never was brought up to the bar, to know the consequence of my returning as I did; Mr. Akerman's clerk came to me, and asked me if I was willing to go for a soldier, I said, yes; my lord, for these seven years I have not been out of a prison seven months; I was tired of a prison, I said I was willing to go as a soldier, I was not brought up to the court, to know the consequence of returning, I was utterly ignorant of it.

Mr. Recorder. That plea will avail you if it can.

Patrick Madan < no role > This name instance is in set 2639. . I hope your lordship has enquired at the War-office, to know if the transport put back.

Mr. Recorder. So far as you said in your defence the transport put back, is true.

Patrick Madan < no role > This name instance is in set 2639. . Is there no return of the sick that were put on shore, at the War-office?

Mr. Recorder. No.

Patrick Madan < no role > This name instance is in set 2639. . I am sure there is.

Mr. Recorder. Let him be remanded as a respite during his Majesty's pleasure.