JAMES POWELL, Miscellaneous > returning from transportation, 10th July 1805.

Reference Number: t18050710-23
Offence: Miscellaneous > returning from transportation
Verdict: Guilty
Punishment: Death

454. JAMES POWELL, alias JAMES SPARKES , was indicted for returning from transportation before the expiration of the term for which he was ordered to be transported .

JOHN RAY sworn. - I am an officer of Worship-street.

Q. Have you looked at the copy of conviction of this man? - A. I have; Vickery has got the copy.

- VICKERY sworn. - Q. You are an officer of Worship street? - A. I am.

Q. Have you a copy of conviction of a person of the name of James Powell , otherwise Sparkes? - A. I have; I had it from Harry Edgar , he is clerk of the Assizes for the county of Suffolk; he delivered it to me.

Q. Did you compare it with the record yourself? - A. Yes, I heard it read word for word the same, and I saw him sign it afterwards.

(The record read in Court.) Certifying that at the General Sessions of the Peace for the liberty of Bury St. Edmunds, in the county of Suffolk, on the 19th of March, in the 41st year of his Majesty's reign, the prisoner, James Powell , was in due form of law tried, and was convicted, before Sir Nash Grose , Knt. of one sheep, value 30 s. feloniously stealing and taking away, and thereupon received sentence of death; and that he afterwards, pursuant to his Majesty's pleasure, by one of his Majesty's principal Secretaries of State, was ordered to be transported to the eastern coast of New South Wales for and during the term of his natural life. - Signed 13th June, 1805; Harry Edgar , clerk of the Assizes of the county of Suffolk.

Q. (To Vickery.) You were not present at the trial of James Powell ? - A. No, I was not.

Q. What do you know respecting the prisoner at the bar - when did you apprehended him? - A. We apprehended him outside of the Court here one day.

Q. Who was with you? - A. Ray was with me.

Q. What day was it? - A. I have got a memorandum made on the same day; it was on the 3d of June, last month; we apprehended him just outside of the Court.

Q. What was he doing of at that time? - A. He came out from that door (pointing to the door that the prisoners are brought in,) from that side of the Court.

Mr. Knapp. He was discharged in consequence of a bill being thrown out against him, and these officers were waiting to take him after the discharge.

Court. Q. Did you ever see him before that time since he was ordered to be transported? - A. I saw him at the Office in Worship-street, he was taken up for stealing some unfinished mahogany goods.

Q. The bill was thrown out against him - how long before the 3d of June was it that he was taken up? - A. I think a fortnight; some time in May I think it was.

Q. You knew nothing of him before that time? - A. Nothing at all before that time.

Q. You are certain this is the same man? - A. This is the same man I saw brought to the Office by Ray.

Cross-examined by Mr. Knapp. Q. Vickery, the Gentlemen of the Jury have heard that the prisoner was taken up upon a charge of stealing some mahogany, and that afterwards the bill was preferred against him, and upon that charge the Grand Jury threw out the bill? - A. I certainly understood it so at the door of the Court.

Q. When this man was about to be discharged on the regular call over day of the Sessions, you were waiting to take him up upon this charge? - A. Yes, upon information that we received.

Q. And that was of being at large - he coming out of this Court to go into the yard to be discharged, you took him? - A. That was all certainly.

Q. Upon this conviction perhaps you know there is a twenty pounds reward? - A. Certainly I do.

Q. You know you will be entitled to a share, if the Jury should be of opinion that the man was convicted? - A. Certainly I do.

Court. (To Ray.) Q. You know nothing more of this business than you were with Vickery at the time he apprehended this man? - A. I apprehended him on Saturday, the 18th of May, first; I found him then in Banner-street, St. Luke's.

Q. How came you to apprehend him then? - A. For robbing his master; he was imprisoned and discharged.

Q. What was his master's name? - A. Darge, a cabinet-maker.

Q. Who brought the charge against him? - A. Darge.

Q. Darge lived in Banner-street, did he? - A. He did, and does now I believe.

Cross-examined by Mr. Knapp. Q. Did you know where the prisoner lodged at that time? - A. I did not till I apprehended him, I went in company with his master.

Q. Where did you find his lodging to be - what was he? - A. He kept a chandler's shop in Old-street-road; I took him from his master's house.

Q. And then he shewed you the place where he lived? - A. Yes, and there he attempted to make his escape; I followed him about two hundred yards, and then I took him again.

JOHN OLIVES sworn. - Q. You keep the goal at Bury St. Edmunds? - A. I do.

Q. Do you know the person of that man at the bar? - A. I do.

Q. Do you know whether he was ever tried for any offence? - A. I do.

Q. Was he in your custody before he was tried? - A. Yes.

Q. How long was he in your custody before he was tried at Bury St. Edmunds? - A. Two or three months I believe, I do not speak accurate as to the exact time.

Mr. Knapp. Q. What is that paper you have got in your hand? - A. The clerk of the Assizes Calendar, merely to refresh my memory.

Court. Q. Did you conduct him to the Court when he was tried? - A. I did.

Q. Were you present when he was tried? - A. Yes, I certainly was.

Q. Was he convicted or acquitted? - A. He was convicted of sheep stealing.

Q. Did you take him back after he had been convicted? - A. I did, into my goal.

Q. What became of him after that? - A. He was reprieved, and ordered to be transported for life, and under an order from the Secretary of State, he was put on board the prison-ship, at Portsmouth-harbour, on the 5th of May following, I delivered him myself in execution of the sentence.

Q. I suppose you know nothing what became of him after that of your own knowledge - Did you ever see him before the 18th of May? - A. I did not see him before I was sent for by the Magistrate at Worship-street.

Cross-examined by Mr. Knapp. Q. Who was the Judge before whom the prisoner was tried? - A. It is there stated in the calendar.

Q. Do you recollect yourself? - A. I do not know.

Q. Do you recollect Lord Ellenborough being there? - A. I do not recollect the Judge, there is the conviction there.

Q. Was not he a young man? - A. He was a young accomplice in the hands of old ones, I think he was upwards of twenty-one when he was tried, from information I then received.

Q. Was he a native of Suffolk? - A. He came from a place called Mildenhall, I believe him to be a native of Suffolk; it is a distance of twelve miles.

The prisoner left his defence to his counsel, but called two witnesses, who gave him a good character.

GUILTY , Death .

London Jury, before Mr. Common Serjeant.


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