687. JOSEPH HOUSELY proceedingsdefend was indicted for feloniously being at large within this kingdom before the expiration of the term of seven years for which he was ordered to be transported .

SAMUEL WILSON < no role > . I am the assistant jailer at York castle. I produce the certificate of the conviction of the prisoner. I received it of Mr. Rigg, clerk of the assizes of the county of York. I saw Mr. Rigg sign it.

(The certificate read.)

Q. to Wilson. Do you know the person of the prisoner - A. I know the person of the prisoner; I was present when he was tried and convicted. He was ordered to be transported for seven years.

Q. He was the person to whom that certificate applies - A. Yes.

Q. Did you deliver him over afterwards to the hulk for the purpose of being transported - A. I did, in the month of April, 1810. I delivered him at Portsmouth, in the execution of that judgement. I delivered him to Captain Thompson: he was captain of the Captivity hulk at that time; he is now dead. Since that time I have not seen him until he was taken up. I have no doubt at all that he is the man.

HARRY ADKINS < no role > . I am an officer of Bow-street. I apprehended the prisoner on the 23d of May last, in the parish of St. Pancras, in the county of Middlesex . I apprehended him for being a returned transport. He was at large at that time.

Q. Did you tell him what you apprehended him for - A. Not at that moment; when he was brought to Bow-street it was made known to him. I do not recollect that he said any thing. He was committed for this offence.

Mr. Adolphus. Whereabouts in the parish of Pancras did you apprehend him - A. In the New-road.

COURT. Did you search him - A. I did not; he was not searched in my presence.

Prisoner. I should like your lordship to ask Adkins what character he has heard of me.

Adkins. I know nothing of my own knowledge. The prisoner called five witnesses, who gave him a good character.

Q. to Wilson. Did you know the prisoner before he was tried and convicted at York - A. I did. We had him before in our prison. He came into our jail for an offence. He was tried by a jury at the Sessions, and was in York castle the first time I think a twelvemonth. I was in the habit of seeing him many times in a day.

Prisoner's Defence. I was a boy when I went in first. It was for an assault. It is twelve years ago.

GUILTY - DEATH , aged 32.

[ The prisoner was recommended to mercy by the jury on account of his good character .]

First Middlesex jury, before Mr. Justice Bailey.