William Gates , alias Vulcan , being attainted of Felony, by not surrendring himself within 40 Days after the Publication of an Order of Council requiring him so to do , he was brought to the Bar, and asked what he had to say why Judgment of Death should not be past upon him; to which he answered, that he was not the same, Man, and that his Name was William Yates , and not Gates.
He stood convicted of Felony, on a Clause in an Act of the 9th year of the King, commonly called The Black Act, which provides, That if Information is given upon Oath, before two Justices of the Peace, of any Person who has been guilty of any of the Offences mentioned in the said Act: And if that Information is certify'd to the Secretary of State, and by him laid before the King in Council; and thereupon an Order of Council is issued out, requiring the Prisoner to surrender himself within 40 Days after the Date thereof, and if on two Market Days, and in two Market Towns in the County, where the Offence is committed, the said Order is openly read, and then affixed in a publick Place in the said Markets, and likewise publish'd in the London Gazette; and if thereupon the Person so requir'd to surrender, does not surrender himself within the limited Time, he shall stand convicted of Felony, the same as if he had been try'd for the said Offences, and thereupon found Guilty .
The Information, the Certificate, the Order of Council, and the proper Publication in July last were fully prov'd, and then Henry Best , and Humphry Buckle depos'd, that the Prisoner was the very Man, against whom they made the Information, that was now read in Court, of his being one of the Men that enter'd Enfield Chace , kill'd two Deer, and shot at these Deponents, that they knew him very well, and that he went by the Name of Will Gates, but was usually call'd Vulcan.
Tho Archer thus depos'd, I have known the Prisoner ever since he came out of Newgate. One Day when I came to shave him, he told me he was a dead Man if he was taken, for his Name was in the News, and therefore he always carry'd Pistols about him, and intended to leave the Country, and then he shew'd me a News Paper, in which William Gates, alias Vulcan, was requir'd to surrender, and he said that he was the Man. The Jury found him to be the same Person. Death .