Henry Cole, Miscellaneous > returning from transportation, 10th May 1744.

Reference Number: t17440510-4
Offence: Miscellaneous > returning from transportation
Verdict: Guilty
Punishment: Death

247. + Henry Cole , was indicted for that he at a delivery of the goal of our Lord the King, holden at Kingston upon Thames, in the county of Surry, on Wednesday the 21st day of March in the 12th year of his present Majesty, before Sir Lawrence Carter , Knt. &c. Sir John Fortesue Aland, Knt. &c. and others their fellow Justices of our said Lord the King assigned to deliver the said goal, he, the said Henry Cole , of the parish of Christ Church in the county of Surry , labourer , according to due course of law, was tried, for that he the said Henry Cole , and Margaret his wife, on the 4th day of January in the 12th year of his present Majesty, about the hour of one in the night, with force and arms the dwelling house of Christian Scot feloniously and burglariously did break and enter, and eleven holland shirts of the value of 5 l. and ten table-cloths of the value of 3 l. the goods of the said Christian, in the dwelling-house aforesaid, did steal, take, and carry away, and thereupon by a certain jury of the county was duly convicted of feloniously stealing the aforesaid goods and chattels of the said Christian Scot , and was acquitted of burglariously breaking and entering the dwelling house of the said Christian, and it was ordered and directed by the court, that the said Henry Cole should be transported to some of his Majesty's plantations in America, for the term of seven years, as by the record does more fully appear.

And that he, the said Henry Cole , afterwards, to wit on the 30th day of April, in the 17th year of his present Majesty , was seen at large within the realms of Great Britain, to wit, at the parish of St. James Clerkenwell in the county of Middlesex, without lawful cause, before the expiration of the term of seven years, for which he was ordered to be transported, against the form of the statute in that case made and provided .

The clerk of the arraigns of the home circuit produced the copy of the record of the Prisoner's conviction, viz.

On Wednesday the 21st of March in the 12th year of his present Majesty's reign, at the assizes held at Kingston upon Thames in the county of Surry. before Sir Lawrence Carter , Knt. Sir John Fortescue Aland, Knt. &c. the Jurors present, that Henry Cole of Christ Church, &c. and Margaret his wife, were indicted for that they on the 4th day of Jan. in the 12th year of his present Majesty, about the hour of one in the night, the dwelling house of Christian Scot did break and enter, and eleven holland shirts of the value of 5 l. and ten table-cloths of the value of 3 l. did steal, take, and carry away, and the Jurors say that neither Henry Cole nor Margaret his wife are guilty of breaking the dwelling-house of the said Christian Scot , but they say, that Henry Cole and Margaret his wife are guilty of feloniously stealing the aforesaid goods and chissels of the said Christian Scot ; and it is directed by the court, that the said Henry Cole and Margaret his wife shall be transported to some of his Majesty's plantations in America for the term of seven years.

Robert Lingard . The Prisoner was in my custody at Kingston assizes when he was indicted for stealing the linen for which he was convicted for transportation. I carried him up to the bar, I am sure he is the same person.

Alexander Sarnel . The Prisoner was in my custody at Kingston assizes, when he was tried for this fact - I am sure he is the person - I have not seen him at large.

Sarah Barton . I saw the Prisoner at my house last Borough Fair was twelvemonths, he called for a quartern of gin or anniseed, I cannot tell which, (I was in trouble for him about this linen, for which he was transported, it was found at my house) he took hold of my hand, and said, Sall, do not be surprized at my coming back again.

Q. Was there any goal-keeper with him?

Barton. There was nobody but his wife.

Christian Brown . I saw the Prisoner last Borough Fair was twelvemonths, and served him with some liquor. He said to my mistress, Sall, you thought you had transported me for my life, but you see I am returned again. He sat down by my mistress, and wanted to kiss her, and she said, for God's sake keep away - I knew him before he was transported out of the New Goal. - He had nobody with him but a woman.

Prisoner. There is no such thing as disallowing this. I had no intention of returning; we are sold there like beasts, like sheep, or oxen, and we must go with the buyer. I was sold to one Captain Loney of the Frederick Pink , and he brought me to England, or I had never come here again. Guilty , Death .


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