Offence: Miscellaneous > returning from transportation
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219. + Joseph Parker . was indicted for that at the Sessions of Gaol-Delivery holden at the Old-Baily, on Wednesday the 7th of December, in the 11th Year of his Majesty's Reign, before the Right honourable Sir John Barnard , Knight, then Lord Mayor of the City of London. the Right honourable Sir John Willes , Knight, Lord Chief Justice of the Court of Common Pleas, &c, &c. He, the said Parker, late of London, Labourer , was tried, for that he, on the 21st of November, one Silver Instrument-Case, value 40 s. the Goods of Rice Price, in his Shop in the Parish of St Mildred in the Poultrey, did steal, take, and carry away; and thereupon, by a Jury of the Country in that Behalf taken, was duly convicted of stealing the Goods of the said Rice Price, to the value of 4 s. and 10 d. and was accordingly ordered to be transported to some of his Majesty's Colonies, or Plantations, in America, for 7 Years, according to the Statute in that Case made and provided: And that he, (the said Parker) afterwards, to wit, on the 5th of January last, feloniously, and without lawful Cause, was at large, in the Parish of St Michael Quern , before the Expiration of the Term he was ordered to be transported for; against the Form of the Statute in that Case, &c, &c. The Counsel for the King having opened the Indictment, and the Nature of the Evidence to support the Charge, took notice, that the Prosecution was founded upon an excellent Statute made in the 6th of his late Majesty, Ch. 23. Sect. 6 & 7. That the sixth Section of that Statute, in particular, deprived Felons, (convict, and sentenced for Transportation) of the Benefit of Clergy, if they should be found at large in any Part of his Majesty's Dominions of Great Britain, or Ireland, before the Expiration of the Term mentioned in their Sentence of Transportation . That the Words of that Section were, - '' Whereas some Felons ordered for Transportation, '' according to Law, have already, and others '' may, come on Shore, and return, before '' they have been actually transported to '' America; or may break Goal, or escape before their Transportation. - Be it enacted, &c. That if any Felon, who shall be ordered '' to be transported, by this, or any other '' Act, be afterwards found at large, (without '' lawful Cause) before the Expiration of such '' Term, for which he hath been ordered to be '' transported, all such Person, or Persons, being '' lawfully convicted therof, shall suffer Death, '' without Benefit of Clergy.''
The Record of the Prisoner's former Conviction was read, and the Order for his Transportation for Seven Years.
Rice Price. I know the Prisoner: I remember his being prosecuted for robbing me of a Silver Instrument-Case, and I am very sure he is the same man which I convicted.
Couns. Where do you live?
Mr. Price. In the Parish of St Mildred, in the Poultry.
Couns. Have you seen him since his Conviction?
Mr. Price. Yes; I believe I met him last Summer, in Newgate-Street, I can swear to him. 'Twas two Years ago, since I convicted him, and I met him in the Street last Summer.
Prisoner. I never saw Mr Price, in my Life, before Wednesday last.
Burnell Rhodes. I know the Prisoner very well; he's a very remarkable Man. I saw him in Mr Price's Shop the Night he robbed him, and was present here when he was prosecuted. I am sure he is the same Man: I picked him out of 20 People at Newgate. He was convicted for stealing Mr Price's Goods, and I was here when he received Judgement of Transportation for that Matter.
Prisoner. He says he knows me, because I am very remarkable; in what Respect am I so remarkable?
Mr Rhodes. There's a particular Mark, or Impression, on his right Cheek, which Mark I took Notice of when he was convicted; - and his Voice is very particular.
Prisoner, to Mr Price. Did you observe this, Mark, or any thing particular in my Voice before?
Mr Price. I remember both that Mark on his Cheek, and his Voice, when he was tried here before.
John Stanton . I know the Prisoner; but I know nothing with Regard to his having received Sentence for Transportation. The Prisoner was at my Shop, in Cheapside, on the 5th of January last, and I detected him, in uttering a false Guinea. He came to my Shop, with another Man, to buy Goods.
Mr. Stanton . I apprehended him to be at large then; the Man that was then with him could not be his Keeper, for when I detected the Prisoner, that other Man ran away from him.
Prisoner. 'Tis a malicious Prosecution, and I am not prepared for my Trial*. And because I can't be hanged for one Thing, (Coining) I am to be hanged for another. There's a Gentleman, who has offered Money to Persons to swear against me.
* The Court upon his mentioning this, before his Trial began, informed him, that he should not be taken unprepared; and consented to part off his Trial: But before he got out of the Bar, he returned, and said, he might as well be tried now, as at another Time.
Abraham Mendez . [Turnkey at Newgate] About nine or ten Weeks ago, that Gentleman met me by Newgate, and asked me, if I did not know Joseph Parker ? I said, No. He said, you won't know him; if you'll help me to any Body that knows him I can give you a Guinea. This was ten or eleven Weeks ago: a good while before Parker came to Newgate.
Couns. to Mr. North. Have you offered Money to the Witnesses to swear against him?
Mr North. No; I have not. I have only subpoena'd these Witnesses.
Prisoner. I assure you, I never was transported in my Life.
Couns. We don't suppose you was. You are not indicted for having been transported; but for being at large, after you had received Sentence that you should be transported. Guilty , Death .