468. + Samuel Ellard proceedingsdefend was indicted for being seen at large in Great Britain, without lawful cause, before the expiration of the term for which he was ordered to be transported, to wit, on the 16th of July last, at the parish of St. Martin's, Ludgate.

The record of his conviction was produced, setting forth, that on the 8th of April, 1741, he was convicted of stealing 18 s. 9 d. the property of William Shipman < no role > . Then the record of his receiving judgment of transportation for 7 years, was produced and read.

Eliz. Holmes, who was evidence against him in 1741, was produced, but could not be positive he was the identical person.

John King < no role > , who was also an evidence against him in 1741, said, he could not be positive to his person, for he thought the other was of a fairer complexion; but being afterwards asked, whether the person he was evidence against at that time had but one eye, [as is the case of the Prisoner] he said he believed he had but one eye.

Stephen Mcdaniel < no role > This name instance is in set 3578. proved the taking him upon Ludgate-Hill, and that he showed him the certificate of his conviction; that he said, it was his misfortune, and he could not help it. He said, he was employed as a butcher in America, and lived very well, but could not be easy till he returned to his native country; that he made his way up to a river, which he swam over, and catched a squirrel, on which he lived for 3 days. His aunt would have given ten guineas, if nobody would appear against him. Guilty , Death .