JOHN KELLAN.
10th September 1783
Reference Numbert17830910-9
VerdictGuilty
SentenceDeath; No Punishment > pardon; Transportation

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604. JOHN KELLAN, alias JOHN HERBERT KEELING was indicted for returning from transportation, and being found at large, on the 31st of August last, without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

Look at the prisoner, have you ever seen him before in this Court? - Yes, in April sessions, he was convicted.

You are sure it is the same person? - I am positive of it.

WILLIAM WILLS sworn.

Look at the prisoner, was you one of the persons that apprehended that man? - Yes.

Where did you apprehend him? - In the parish of Sandhurst, in the county of Kent.

Did he make any resistance? - No, he behaved peaceably and quietly.

TAOMAS BRADBURY sworn.

Court. Look at the prisoner, do you recollect him among the number that you had? - Perfectly well.

What was his conduct? - He was one of the first, my Lord, in taking arms.

What else did he do? - I had a hanger of my own which some of them had broke, I saw him put that broken part of the hanger between his coat and waistcoat, before he went on shore.

You have mentioned the circumstance of his taking the arms, and being one of the first that took them, by what other circumstance did he shew himself to be a ringleader otherwise than by his taking the arms? - He was one of the first I saw, his own declaration to me was enough.

Where did you see him? - In the cabbin.

With what intent did he come into the cabbin? - With intent to secure the arms, and to secure me with the rest of them, there were, I dare say, twenty more in the cabbin.

Was this one of the men that came up to you to secure you? - No, I cannot say particularly that he was one of the men that came up to me to secure me.

He was among the first that came into the cabbin? - Yes.

Who was in the cabbin besides yourself? - The Captain.

You formed some thought of what his intentions were from what he declared? - After we had been in the cabbin some time, he was telling me how when the Captain was calling them up to give them a dram, those that were sick, and he said when the Captain gave him that dram, he bid him go below, and we did not know how to avoid it, but however he turned once or twice, and with the rest that were behind him, and him together made the rush.

Explain what you mean by the rush? - It was a term of theirs, what they meant by it was forcing in upon the Captain and the ship's crew.

Do you recollect any other part that he took in this business? - None my Lord.

Prisoner. With your permission I beg to ask Mr. Bradbury in what part of the ship he was, when the ship was taken? - I was in the cabbin.

Prisoner. He was in bed my Lord, he permitted us to come upon deck in a great number, and seeing so fair an opportunity many of us were desirous of taking the ship, a man stood behind me and said, says he, if you do not endeavour to secure your liberty, I will knock you down, they were saying better not to use any violence, there were many in the cabbin before me, seven or eight, some were with Mr. Bradbury in his cabbin, I took up a blunderbuss that laid by, and the keys of the bureau were there, and I threatened to shoot a man that was going to take the keys, and I immediately locked the bureau, and delivered the keys to the Captain.

Court to Bradbury. Do you recollect this particular that he now mentions? - I do not, I know that some were for robbing the Captain.

Prisoner. Mr. Bradbury knows I particularly protected Mrs. Warrickshall, and insisted on her not being searched.

Bradbury. That may be true.

Prisoner. When the Captain was divested of his command, I treated him with every proper mark of respect, the second mate came and said to me, if you are in possession of the vessel, do not put me down below, says I, if they act as I could wish, it will argue in our favour in case we are apprehended hereafter, that was what I said

to the second mate, and when the Captain was divested of his command he drew up a memorial in order to clear himself from any mean suspicion that might arise in the breast of his owner, I was the first man that readily signed my name to it, I expressed my sorrow to the Captain, at being at this time forced to get my liberty.

Court to Bradbury. You say some of these people were for robbing the Captain? - He might be along with those that prevented it.

Prisoner to Bradbury. You ought to consider that this is a case of life and death.

Court. He mentions that there was a Mrs. Warwickshall on board that some of the transports were going to insult, and that he protected her from the insult, was he one that did? - He was, my Lord, for they would have behaved rudely to her, if it had not been for some of them that were there.

Court. There was a memorial signed by these people in favour of the Captain to the owner? - There was.

Was the prisoner one of those that signed it? - He was.

Was he one of the first that signed it? - I believe he was.

Do you recollect any other circumstance that is favorable to the prisoner? - I do not, only he behaved very well after they had possession of the ship, there was none of them that behaved amiss after they got possession of the ship.

Prisoner. With respect to the memorial, my signing it first, it was blotted, the Captain requested me to draw a copy from the original, which I did.

Court to Bradbury. Do you recollect that? - Yes.

Court. You should recollect every favourable circumstance for the prisoner? -

There were two or three of these papers drawn out, the first was drawn out by the Captain.

Prisoner. There was some word objected to, without altering the meaning of the original, and I wrote over another, I hope my Lord, Mr. Akerman will do me the justice to say, that I behaved very well in Newgate.

GUILTY Death .

[Pardon on condition of Transportation. See summary.]


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