<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>60.
<persName id="t17971206-58-defend519" type="defendantName"> ROBERT ARMSTRONG
<interp inst="t17971206-58-defend519" type="surname" value="ARMSTRONG"/>
<interp inst="t17971206-58-defend519" type="given" value="ROBERT"/>
<interp inst="t17971206-58-defend519" type="gender" value="male"/> </persName> was indicted for
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<interp inst="t17971206-58-off309" type="offenceSubcategory" value="returnFromTransportation"/> returning from transportation before the term for which he was ordered to be transported </rs>.(
<persName id="t17971206-58-person520"> John Owen
<interp inst="t17971206-58-person520" type="surname" value="Owen"/>
<interp inst="t17971206-58-person520" type="given" value="John"/>
<interp inst="t17971206-58-person520" type="gender" value="male"/> </persName> produced the certificate of the conviction of the prisoner, signed by Mr. Shelton; it is read).</p>
<p>
<persName id="t17971206-58-person521"> JOSEPH NASH
<interp inst="t17971206-58-person521" type="surname" value="NASH"/>
<interp inst="t17971206-58-person521" type="given" value="JOSEPH"/>
<interp inst="t17971206-58-person521" type="gender" value="male"/> </persName> sworn. - On the 3d of December I apprehended the prisoner, in the parish of St. John's, Wapping; I had heard of his being transported, and I thought he was come back before his time; I asked him if he had any thing to shew why he was at liberty before his time; and he said, no, he had not.</p>
<p>Q. What are you? - A. A Trinity-officer.</p>
<p>Q. Is there any reward in this case? - A. I never had any; I have heard that there is.</p>
<p>Q. What was his answer when you asked him how he came at liberty? - A. He said, he had been taken prisoner in his passage to South Wales, and carried by force to a French prison; and he said, he had made his escape from there to America, and from there he had come to England.</p>
<p>Q. Did you enquire whether it was true? - A. No; I did not know that that was a duty incumbent upon me; I heard that he had been here five or six weeks, I did not enquire any further; I took him to the office in Lambeth-street.</p>
<p>Prisoner's defence. In 1795, I was pardoned upon condition of serving his Majesty King George, in the sixtieth regiment of foot, to go in the capacity of a soldier; I embarked the 14th of April, 1795; I had the misfortune to be taken by the French, and carried into Guadaloupe; they wanted to force me to serve against my country, and rather than be a traitor to my country I was determined to get my liberty, or die; here are two shots in my neck that I got as I was making my escape.</p>
<p>
<persName id="t17971206-58-person522"> WILLIAM HOWARD
<interp inst="t17971206-58-person522" type="surname" value="HOWARD"/>
<interp inst="t17971206-58-person522" type="given" value="WILLIAM"/>
<interp inst="t17971206-58-person522" type="gender" value="male"/> </persName> sworn. - I am a clerk in the Transport-office: I can only prove that the ship was taken in going to the West-Indies; I know there were convicts to the number of forty-four to go in her, they were to go in the sixtieth regiment.</p>
<p>Q. Can you say whether this man was one? - A. No.(Mr.
<persName id="t17971206-58-person523"> John Kirby
<interp inst="t17971206-58-person523" type="surname" value="Kirby"/>
<interp inst="t17971206-58-person523" type="given" value="John"/>
<interp inst="t17971206-58-person523" type="gender" value="male"/> </persName> produced a receipt signed by the ensign of the regiment, which shewed that the prisoner was one of the forty-four who went on board).</p>
<p>Q. Is it this same
<persName id="t17971206-58-person524"> Robert Armstrong
<interp inst="t17971206-58-person524" type="surname" value="Armstrong"/>
<interp inst="t17971206-58-person524" type="given" value="Robert"/>
<interp inst="t17971206-58-person524" type="gender" value="male"/> </persName> ? - A. The same man.</p>
<p>
<rs id="t17971206-58-verdict310" type="verdictDescription">
<interp inst="t17971206-58-verdict310" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the second Middlesex Jury, before Mr. Justice GROSE.</p> </div1></div0>
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<p>60.
<persName id="t17971206-58-defend519" type="defendantName"> ROBERT ARMSTRONG
<interp inst="t17971206-58-defend519" type="surname" value="ARMSTRONG"/>
<interp inst="t17971206-58-defend519" type="given" value="ROBERT"/>
<interp inst="t17971206-58-defend519" type="gender" value="male"/> </persName> was indicted for
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<interp inst="t17971206-58-off309" type="offenceCategory" value="miscellaneous"/>
<interp inst="t17971206-58-off309" type="offenceSubcategory" value="returnFromTransportation"/> returning from transportation before the term for which he was ordered to be transported </rs>.(
<persName id="t17971206-58-person520"> John Owen
<interp inst="t17971206-58-person520" type="surname" value="Owen"/>
<interp inst="t17971206-58-person520" type="given" value="John"/>
<interp inst="t17971206-58-person520" type="gender" value="male"/> </persName> produced the certificate of the conviction of the prisoner, signed by Mr. Shelton; it is read).</p>
<p>
<persName id="t17971206-58-person521"> JOSEPH NASH
<interp inst="t17971206-58-person521" type="surname" value="NASH"/>
<interp inst="t17971206-58-person521" type="given" value="JOSEPH"/>
<interp inst="t17971206-58-person521" type="gender" value="male"/> </persName> sworn. - On the 3d of December I apprehended the prisoner, in the parish of St. John's, Wapping; I had heard of his being transported, and I thought he was come back before his time; I asked him if he had any thing to shew why he was at liberty before his time; and he said, no, he had not.</p>
<p>Q. What are you? - A. A Trinity-officer.</p>
<p>Q. Is there any reward in this case? - A. I never had any; I have heard that there is.</p>
<p>Q. What was his answer when you asked him how he came at liberty? - A. He said, he had been taken prisoner in his passage to South Wales, and carried by force to a French prison; and he said, he had made his escape from there to America, and from there he had come to England.</p>
<p>Q. Did you enquire whether it was true? - A. No; I did not know that that was a duty incumbent upon me; I heard that he had been here five or six weeks, I did not enquire any further; I took him to the office in Lambeth-street.</p>
<p>Prisoner's defence. In 1795, I was pardoned upon condition of serving his Majesty King George, in the sixtieth regiment of foot, to go in the capacity of a soldier; I embarked the 14th of April, 1795; I had the misfortune to be taken by the French, and carried into Guadaloupe; they wanted to force me to serve against my country, and rather than be a traitor to my country I was determined to get my liberty, or die; here are two shots in my neck that I got as I was making my escape.</p>
<p>
<persName id="t17971206-58-person522"> WILLIAM HOWARD
<interp inst="t17971206-58-person522" type="surname" value="HOWARD"/>
<interp inst="t17971206-58-person522" type="given" value="WILLIAM"/>
<interp inst="t17971206-58-person522" type="gender" value="male"/> </persName> sworn. - I am a clerk in the Transport-office: I can only prove that the ship was taken in going to the West-Indies; I know there were convicts to the number of forty-four to go in her, they were to go in the sixtieth regiment.</p>
<p>Q. Can you say whether this man was one? - A. No.(Mr.
<persName id="t17971206-58-person523"> John Kirby
<interp inst="t17971206-58-person523" type="surname" value="Kirby"/>
<interp inst="t17971206-58-person523" type="given" value="John"/>
<interp inst="t17971206-58-person523" type="gender" value="male"/> </persName> produced a receipt signed by the ensign of the regiment, which shewed that the prisoner was one of the forty-four who went on board).</p>
<p>Q. Is it this same
<persName id="t17971206-58-person524"> Robert Armstrong
<interp inst="t17971206-58-person524" type="surname" value="Armstrong"/>
<interp inst="t17971206-58-person524" type="given" value="Robert"/>
<interp inst="t17971206-58-person524" type="gender" value="male"/> </persName> ? - A. The same man.</p>
<p>
<rs id="t17971206-58-verdict310" type="verdictDescription">
<interp inst="t17971206-58-verdict310" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the second Middlesex Jury, before Mr. Justice GROSE.</p> </div1></div0>
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