709. JOHN HENRY AICKLES proceedingsdefend This name instance is in set 4422. This set is in the group(s): GarrowsClients . was indicted for 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 .

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.

Court. It is sufficient to effect the prisoner that he had received sentence of transportation, and was found at large; the condition is broken.

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 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.

Court. What is the end of your objection?

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.

Court. He must be acquitted on this indictment, and remanded till the next sessions.

NOT GUILTY .