Old Bailey Proceedings supplementary material. PATRICK MADAN, ROBERT HILL.
5th December 1781
Reference Numbero17811205-1

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On Friday the 7th of December, The court ordered notice in writing to be given to PATRICK MADAN and ROBERT HILL , to shew cause why sentence should not be awarded against them upon the former sentence received, to be delivered to them by the Keeper of Newgate.

And ordered them to be brought into court on the next day at eleven o'Clock, that if they had any defence to set up, or any evidence to prove they were not the persons, they might have time to prepare for it.

On Saturday morning PATRICK MADAN and RICHARD HILL were put to the bar.

Court. IS your name Patrick Madan ? Patrick Madan ? - Yes, sir.

Are you the person who was convicted of stealing goods privately in the shop of Charles Story ?

Yes, my lord.

What have you to say then, why execution should not be awarded against you upon the sentence pronounced upon that conviction.

My lord, I beg this paper may be read. (Producing a paper)

Court. Read the record and conviction first.

The record read, purporting that Patrick Madan was convicted of privately stealing, in the shop of Charles Story , a parcel of gold watches, and other things to a considerable amount.

The following paper produced by Patrick Madan , was then read:

THE DEFENCE OF PATRICK MADAN .

My lords, I was capitally convicted in this court; his Majesty in counsel was graciously pleased to respite me during his royal pleasure. I afterwards remained a considerable time heavily ironed. It was afterwards thought proper I should be sent into the service of the African Company. In pursance of such last order, I with many others were put as soldiers in that service, on board a ship under the command of Captain M'Kenzee , and Captain Catoncamp , officers in the African service. That I was still kept in irons; this, my lord, with the sea sickness, and the time the ship was out, by contrary winds drove into the Cove of Cork, returning from thence by change of wind to Kinsale stopped there by a dispatched frigate, giving an account of the French fleet being out, which stopped our proceeding. We then returned to the Cove of Cork, an account being given to Sir John Irwin , commander in chief in that kingdom, that the ship's crew were all in a sickly state, (e'er we had orders to fail from the admiralty) sent his doctors on board; and upon such examination, I with many others were sent a shore to sick quarters; and whilst we were a shore the commander received orders to sail which he obeyed, leaving me and the other sick on shore. I then returned to this city to see my wife and children. Now my lord, you have the true state of my case, and upon that wisdom and humanity which have hitherto elucidated your character, since you have filled a judicial chair, I shall have the happiness of escaping that sate which my enemies have most injury intended for me. If any doubt arises in your lordship's breast relative to what is above set forth; I beg you would interrogate me, and I shall give a farther account.

Court. Have you any witnesses?

Patrick Madan I have not; if your Lordship would send to the Admiralty, you would find a return of the sick people on board of the ship whilst she lay at anchor, and that the Commodore lay there for fresh orders from England, and that he was stopped by the French fleet.

Court. Can you be prepared to prove the facts stated in your defence, by the next sessions?

Patrick Madan . I think I could.

Court. Then the Court will give you till next sessions.

Patrick Madan . My Lord, as I am poor, I cannot enquire into those things, I should be much obliged to your Lordship if the Court would send to enquire at the Admiralty.

Court. As far as any information can be had at the Admiralty, the Court will enquire.

Patrick Madan . There was 150 out of 200 sick; out of 70 soldiers only 12 that could do duty.

Court. The fact upon which your vindication rests, in the opinion of the Court, is that of the ship sailing without you, while you were on shore, and not able to go with her; that is a fact necessary for you to prove; if that fact can be proved - if any evidence from Ireland is necessary, you must endeavour to send to Ireland to some persons for it.

Patrick Madan . I am destitute of friends; I am in prison, and have not a friend in the world.

Court. All the Court can do, is to give you the necessary time to prepare for your defence, till next sessions, which is not till January; the court will give you sufficient time to prepare for your defence, and any necessary directions that can be procured from the Admiralty, the Court will give their assistance; and as to the rest of the facts, all they can do is to give you the necessary time. - Let Patrick Madan be remanded.

Patrick Madan . As to all I have said, if any body will go to the War-office, they will find what I said is right: there was a return made of every body sent on shore that was sick.

Court. The fact necessary for you to prove is, you had not left the Hospital before the time the ship sailed.

Patrick Madan . It is not an hospital; it is what is called sick quarters in that kingdom; there was a violent fever in the ship.

Court. If true you were put on shore at the hospital there, and in the hospital at the time the ship sailed, that is a fact capable of proof; and any assistance the Court can give you, by enquiring at the public office at the Admiralty, they will; that is all they can do.

ROBERT HILL was then put to the bar.

The Court ordered his indictment to be read, upon which he had been before convicted, and had sentence of death passed upon him.

Court. Are you the same Robert Hill that was convicted upon this indictment?

Robert Hill. Yes.

COUNCIL for Robert Hill then stated his case to the following purport.

My Lord, this man was capitally convicted in October sessions, 1780, for a robbery in the house of David Lewis ; his Majesty thought sit to grant him a pardon, upon condition of his going to the East Indies; he remained in custody for eight months, till June last, when he was conveyed on board a ship at Gravesend, a transport bound for Africa, he was extremely uneasy at been so situated; when he came to Portsmouth he found means to convey intelligence to Lord Hillsborough, and an order was sent for his been put on shore from it.

Captain M 'Kenzie, that had the command of the military, had such resentment about it, that he ordered him to be severely whipped; he then sent, and an order was sent again from Lord Hillsborough's, he was taken by military force from that ship, and put into prison at Portsmouth, where he remained till the fifth of October last, without assistance, no provision provided for him; he got supported by friends from London, forced to buy water; had an opportunity, and made his escape from there, and came to London with an intention to put the condition of his pardon, as soon as possible, into execution; came here five weeks ago; three weeks ago taken into custody; has been in custody ever

since; was only told of coming up last night.

Mr. Recorder. As you state, so much with respect of being put on board an African transport, instead of going on board a ship for the East Indies is a fact, I know it to be true, because I applied to the Secretary of State, to procure his being taken out of that ship; so far I can be evidence. But what account do you give of his escaping from the prison, and not surrendering himself to perform the condition of his pardon.

Council. All I can say to that is he was so weak, and suffered so much in confinement, willing to enjoy what little liberty he could, but was waiting ready to go to the East Indies with the first soldiers that go in the first ship he could get to go in. - If you will give us the liberty, I can have evidence of all those facts.

Mr. Recorder. Your defence, however it may go in extenuation, is certainly to admit, that at the time he was taken, he was at large contrary to his Majesty's pardon.

Council. I can't controvert that.

Mr. Recorder. The consequence of which is, he remains in the condition he was in then, subject to a respite during his Majesty's pleasure, and now in the condition he was before, to be at the disposal of the King's pleasure, and therefore he shall be committed till his Majesty's pleasure can be known. I shall state the circumstances to the King. Let your state of the case be sent to me that the King's pleasure be known how he shall be disposed of. Let Hill be recommitted under his former sentence, a respite till the King's pleasure be known.


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