6th December 1809
Reference Numbert18091206-52

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50. ELIZABETH WARE was indicted for returning from transportation before the expiration of the term for which she was ordered to be transported .

JOHN GOTTY . I am an officer of the Thames Police, On the 2d of December , in consequence of a warrant, I apprehended the prisoner, about half after eleven at night, on board the ship Aolis; she lay in the river Thames, in the upper part of Woolwich Reach, in the parish of Charlton, in the country of Kent . I have the certificate of her conviction which I received from Mr. Shelton. I saw him sign it.

Mr. SHELTON. I did sign it. (The Certificate read.)

WILLIAM HANSON . Q. You are turnkey of Newgate, are you. - A. Yes.

Q. Did you ever see the prisoner before. - A. Yes. She was tried here on the 6th of July, 1803.

Q. You know that she was tried here. - A. Yes; and she was ordered to be transported for fourteen years.

Q. Did you ever see her at large. - A. No; only at the office when I was sent for.

Q. When was she delivered on board. - A. On the 21st of November, 1803.

Prisoner's Defence. Gentlemen, the case of the person under examination is probably the most singular that ever attracted your notice. In the first place my affection for my husband induced me to take a crime on myself, for which I suffered the sentence of the law. My time being nearly out, I embraced an opportunity which offered, to return to England. I have two children in England, and my affection for them led me to accept the happy opportunity of embracing my dear offspring. I have suffered much on my passage. I submit my case to my dearly beloved Sovereign, for an act of royal mercy, and for which there cannot be a doubt but the Lord will command an extra blessing on his royal brow. Gentlemen, consider a mother's feeling for her children: give me them, and no punishment that the law can inflict will be thought too severe by the most unhappy of the human race. Oh! my dear Gentlemen, consider the unhappy state of the unfortunate


GUILTY , DEATH , aged 28.

Second Middlesex jury, before Mr. Justice Grose.

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