Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings punishment summary, John Boxley, William Davis, William Rayner, James Watts, Francis Hardy, Joseph Morrell, John Robinson, George Hyser, John Durham, Edward Crowther, Thomas Messenger, Thomas Newby, James Dawson, Thomas Chaffey, Thomas Vallame, Daniel Collins, William Shurberd, Thomas Ransom, William Bead, John Gervalt, William Allen, John Wright, Joseph Reay, Solomon Pocock, Thomas Smith, Richard Allen, James Usher, Thomas Glaves, John Crompton, George Ellison, William Barton, Richard Joy, William Adams, Daniel Henley, James Everard, Peter Bolton, James Lara, Thomas Collins, Thomas Grainger, Thomas Collins, George Dunstan, Michael Hoy, John Wood, John Cobcroft, William Stubbs, James Wilkinson, John Young, John Place, Francis Harris, William Stevenson, John Thomas, John Crawford, Thomas Jones, Robert Guy, Robert Fenwell, Joseph Taylor, James Hornsby, Thomas Johnson, William Jones, William Richardson, Thomas Edwards, Joshua Softly, Robert Jones, Solomon Bockarah, Thomas Thrush, Thomas Carter, John Aiken, Richard Cole, Joseph Ward, Thomas Serjeant, Samuel Stevenson, Edward Riley, William Glover, Charles Woodyer, James Joiner, John Robby, George Porter, William Thorne, John Jennings, John Wood, Richard Arnold, Daniel Keneling, Michael Jones John Millett, Abraham Jacobs, William Clay, George Wallis, Daniel Brien, Thomas Wood, Jacob Jonas, Thomas Johnson, George Lovell, James Shirley, Charles Berkley, Thomas Tusk, James Bebbin, Robert Fawcett, William Tanner, Thomas Holyoake, Samuel Crofts, William Johnson, Edward Collins, Walter Forguson, William Harper, Robert Cox, William Caddie, Thomas Ward, John Harper, Ann Smith, John Robinson, George Hyser, Thomas Messenger, Thomas Newby, James Dawson, William Davis, Edward Crowther, Thomas Chaffey, 9th September 1789.

The Sessions being ended, the Court proceeded to pass Judgment as follows.

Received sentence of Death, 11, viz.

William Clarke , William Coombes , John Dudley , Thomas Willmot , Camel Delap Stewart, Mary Peters , John Price , William Pointon , Alexander Thomas Gilderoy , John Wright, William Charlton , and George Dawson .

N. B. He was sentenced to be drawn on a hurdle.

To be Transported for seven Years, 54, viz.

Robert Jones , alias Samuel Say , Robert Daniels , John Taylor , Nicholas Percival , Henry Dutton , William Duncombe , John Hepworth , William Davis , James Spooner , Richard Coleman , William Gostick, Simon Solomons , William Bergon , Thomas Neale , Charles Marsden, Elizabeth Rice , Richard Ridge , Gilbert Baker , WilliamLloyd, William Shawe , James M'Cawley, Elizabeth Wood , Mary Martin , William Grant , Mary Donnavan , Samuel Alsford , Pierpont Walter Williams , Nicholas Tyler , Michael Cawdell , Rose Flude, Henry Lane, John Smith, Thomas Hambleton , John Davidson , Stephen Turpin , John Gates , Henry Coppin , David Jones , Samuel Houghton , Richard Wilson , Mary Desmond , Mary Butler , John Doll , William Crosdale , John Reason , Mary Mitchell , Samuel Davis , William Williams , Charles Silverwood, John Safely , James Molloy , Rebecca Chippenham , John Noble , Thomas Brown .

To be Imprisoned twelve Months, 2, viz.

Joseph Hone , alias Hoar, John Hawthorn .

To be Imprisoned six Months, 16, viz.

Jane Garland , Ann Corbett , George Brand , William Watts , John Whitehead , alias Smith, Richard Rickford , William Causey , William Olding , Mary Lovell , Maria Mackett , William Akers, Thomas Jones , Thomas York , Elizabeth Jones , Richard Allford , Elizabeth Thompson .

To be Imprisoned one Month, 1, viz.

Robert Atkins .

To be Whipped, 14, viz.

John Athaway , Charles Oliver , Richard Burden , Charles Shepherd , Edward Hurry , George Cooke , Charles Cooke , John Maxey , Joseph Salmon , John Whitehead , alias Smith, Robert Read , Benjamin Jones , John Johnson , Robert Atkins.

To be Fined, 2, viz.

William Flower , William Olding .

The following capital Convicts who had been respited during his Majesty's pleasure, were set to the Bar, and offered Pardons on the Conditions under mentioned, viz.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, John Boxley, 9th September 1789.

John Boxley , on condition of transportation for life , which he accepted.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, William Davis, 9th September 1789.

William Davis on the same condition, which he refusing, the Court addressed him as follows:

Prisoner at the bar, I think it my duty to state to you the very perilous situation in which you now stand; you have been convicted of an offence, for which, by the laws of your country, you have forfeited your life; but by the indulgence of a very kind sovereign, that life has been spared, to give you an opportunity of becoming a better man, in a different situation. I will, for one moment, throw aside the character of the Judge, for the Judge should, in his private capacity, be a friend to the unfortunate; at present, I address you, therefore, not as a Judge, but as a friend to an unfortunate man; and recommend it to you most sincerely, not to throw away that life which you have now an opportunity of saving. Having given you that advice as a friend to a man in a most lamenable situation, I shall now resume the character of the Judge; and tell you, that the administration of the justice of this country will not be sported with by men of your description; and if you do not accept the terms of the king's pardon, I shall order you for immediate execution; having given you this fair notice, I leave you to decide for yourself; but that decision must be made now, because you will not exist perhaps two days; perhaps not one, after your refusal.

(The question asked.)

Prisoner. Death is more welcome to me than this pardon.

Will you accept it? - I will not.

Court. Take him back to the condemned cells, and I shall sign a warrant of execution, as soon as I settle with the sheriffs, to prepare for that purpose.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, William Rayner, 9th September 1789.

William Rayner set to the Bar. Will you accept the king's pardon, on condition of transportation for life ? - Yes; and I humbly request my sentence may be put in force; and that I may not be made a slave in a free country.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, James Watts, 9th September 1789.

James Watts . My lord, I beg a fewminutes indulgence, to address myself to the Court; I do not mean to refuse my sentence, in my unhappy situation, which is yet different from my unhappy fellow sufferers. Previous to my trial, my prosecutor was proved to have been in a madhouse at Bethnal-green; and two days afterwards, he snatched his child newly born, and had liked to have dashed his brains out; and he was then sent to Bedlam; his two brothers are there now: and from the improbability of the robbery, and the circumstances attending it, I am sure your lordship will be convinced that me and Francis Hardy were totally innocent: a robbery in St. Clement's-church-yard, at five o'clock in the afternoon, at this time of the year; and no evidence but that of the prosecutor; we had no doubt but we should have received mercy ere now; no unhappy man will have a higher sense of his majesty's clemency and mercy, than myself: want of friends, and long confinement, has rendered us in a deplorable situation; I may appear now a little clean and decent; that I have done, not to offend the Court; but, for three years, the iron hand of oppression has been very severe against me; I do not mean to refuse my sentence; but as I shall never more be heard in this country, I have taken this liberty; my lord, it is not death I fear, by the stroke of the executioner, but I know, by refusing that sentence offered me, I shall offend God, at whose bar I must one day answer for my offences. I appeal to heaven, that I am as innocent of the charge laid against me, as your lordship; and so is the man convicted with me; and the circumstances attending my prosecutor, has induced me thus to appeal, if possible, that my sentence may be taken into consideration; I am sensible of his majesty's mercy; and certain I am, was my case known to him, he would extend a further mercy towards me; the stewards of Bedlam hospital will testify that our prosecutor was there, and his two brothers were there; Mr. Bowman, of a private madhouse, proved in this court, he was at his house; I have undergone a great deal during my three years confinement; but I do not mean to refuse my sentence, because I know I should offend God; I have imbibed these notions of christianity from my parents, which I should be sorry to deviate from; and I am sure, if my case was known to my gracious sovereign, he would look upon me with an eye of compassion. My lord, what I have said, you will find to be perfectly true.

Court. Prisoner, so far, you certainly have done right in accepting the king's pardon; that sort of conduct will give you a chance; if upon the circumstances of your case, there is any hope for mercy at all, (for no man who refuses the king's pardon, and treats it with contempt, can expect after that, to receive any favour from the crown; the best advice I can give you, is to have these circumstances represented to his majesty, as it is to him alone you must make application.

Prisoner. I beg leave, my lord, to return you thanks for the condescension and indulgence you have allowed me in speaking, as I never expected to be heard again here; and I now bow obedience to whatever his majesty's royal pleasure is; I accept it .

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Francis Hardy, 9th September 1789.

Francis Hardy . I wish to state to your lordship a word or two; I stand here convicted of a robbery; I believe, the strict text of the law in every sense, has prohibited, and forbid in every court of justice, that no lunatick whatever should be permitted to give evidence to affect any fellow subject's life; but mine was affected; I certainly have lost my liberty for near three years, for an offence that I have not been guilty of; I can testify before God, with a clear conscience, that I know nothing of that case whatever; nor the man that has last spoke; but the accusation proceeded from a rancour and malice raised in this prosecutor's mind, which I hope was from an act of insanity; I trust so; but notwithstanding the circumstance stated by Mr. Bowman, who proved to the Court, that he had been at his house for insanity;yet no respect was paid to Mr. Bowman's testimony; and four days after our conviction, his wife was brought to bed; and he dragged the child from Goldsmith-street, Gough-square; this is a truth to every body's knowledge; he dragged it into the Fleet-market in the skirt of his coat; and was going to throw it into the Thames. We did not ought to have suffered an hour's imprisonment on such a man's account; and I trust our hard case will be a warning to courts of justice, and more especially to the learned judges, never more to permit madmen to affect the lives and properties of his majesty's subjects; but I accept it .

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Joseph Morrell, 9th September 1789.

Joseph Morrell . I wish to speak a few words; I have been here six years for transportation, since I was sent to gaol; and I went to Woolwich; I suffered such hardships, that I made my escape; since that, I have been three years in this gaol; I hope I shall not go on board any more hulks; I accept my sentence very freely, only not to send me on board the hulks.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, John Robinson, 9th September 1789.

John Robinson . No, I will go to my former sentence.

Court. It is not necessary to repeat the observations I have made before; I have told you the situation in which you stand; you will have no further opportunity of accepting mercy; and if you now treat this with contempt, I shall order you for immediate execution.

Prisoner. I find I am in the hands of men.

Court. Do you accept of his majesty's mercy, on that condition mentioned? - No.

Court. Take him to the condemned cells immediately.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, George Hyser, 9th September 1789.

George Hyser . I return his majesty many thanks, but as I must leave my native country for a thing I am innocent of, I should rather have my former sentence, if I may have a proper time to make my peace with my Maker.

Court. I cannot conceive you can aggravate your offences before God more, than by this refusal; I give you notice, that you will be immediately ordered for execution; and you may be considered as committing murder upon yourself; if you chuse to appear in the face of Almighty God in such a situation, you must take the consequence; expecting to remain a very short time here, and to be in perpetual torment hereafter; now judge for yourself.

Prisoner. I hope you will give me proper time to make my peace with my maker.

Court. It is not in the power of the Court; you had better be advised; I can give you no time; you must now decide your fate for ever? - I will not accept it.

Court. Take him to a condemned cell immediately.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, John Durham, 9th September 1789.

John Durham . I was convicted in December sessions, 1787, on the evidence of Francis Fleming ; I was intirely innocent; the late recorder, then in his charge to the jury, told them, he thought it was not law, to convict a man without any corroborating circumstance; there was none in my case; as such, I think I should not accept it.

Court. If you wish to make any application, you must make it elsewhere; but it is totally incompetent to alledge that here.

Prisoner. I think I ought to suffer as a man; I am very sorry I must refuse it.

Court. I need not repeat to you, what has been repeated to others before; but yet, seeing the dreadful situation in which you stand; I shall observe to you, that you certainly will not be in a situation to appear before your maker, with the aggravated offence of being your own executioner; to go into the other world by the means you now propose to yourself; and it will be too late to accept this offer afterwards; you will be immediately ordered to the condemned cell; and as soon as the execution can be prepared by the sheriffs, a warrant will be signed, and you will suffer death? - I accept it.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Edward Crowther, 9th September 1789.

Edward Crowther . I will not accept it.

Court. I certainly shall spare myself the pains of repeating to every prisoner; judge for yourself; it will be too late tochange your mind hereafter; and when you come to face the executioner, in your last moments, you will severely lament this refusal.

Prisoner. I should much rather return to my former sentence.

Court. Take him to the condemned cell.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Thomas Messenger, 9th September 1789.

Thomas Messenger . I would rather die.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Thomas Newby, 9th September 1789.

Thomas Newby . No, if I am to be sent abroad; I have never been of any business, therefore I must be in a state of slavery, therefore I wish to resign my life among my friends and relations.

Court. Do you accept it or not? you are a young man; you will add vastly to the offences you have committed; you are certainly, at your time of life, considering the life you have led, not fit to be launched into the other world, with the consideration that you throw your life away.

Prisoner. I humbly thank your lordship for the pains you have taken, had I any view or hopes of getting any interest; I have no hopes of a conditional pardon, therefore I reject the sentence; I am sorry to trouble you my lord.

Court. Take him to the condemned cell, to be ordered for execution.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, James Dawson, 9th September 1789.

James Dawson . I would rather go to my former sentence.

Court. Take him to the cell.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Thomas Chaffey, 9th September 1789.

Thomas Chaffey . No.

Court. Take him to a condemned cell, immediately.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Thomas Vallame, Daniel Collins, William Shurberd, Thomas Ransom, William Bead, John Gervalt, William Allen, John Wright, Joseph Reay, Solomon Pocock, Thomas Smith, Richard Allen, James Usher, Thomas Glaves, John Crompton, George Ellison, William Barton, Richard Joy, William Adams, Daniel Henley, James Everard, Peter Bolton, James Lara, Thomas Collins, Thomas Grainger, Thomas Collins, George Dunstan, Michael Hoy, John Wood, John Cobcroft, William Stubbs, James Wilkinson, John Young, John Place, Francis Harris, William Stevenson, John Thomas, John Crawford, Thomas Jones, Robert Guy, Robert Fenwell, Joseph Taylor, James Hornsby, Thomas Johnson, William Jones, William Richardson, Thomas Edwards, Joshua Softly, Robert Jones, Solomon Bockarah, Thomas Thrush, Thomas Carter, John Aiken, Richard Cole, Joseph Ward, Thomas Serjeant, Samuel Stevenson, Edward Riley, William Glover, Charles Woodyer, James Joiner, John Robby, George Porter, William Thorne, John Jennings, John Wood, Richard Arnold, Daniel Keneling, Michael Jones John Millett, Abraham Jacobs, 9th September 1789.

The following capital convicts accepted his Majesty's pardon, on condition of being transported for life .

Thomas Vallame , Daniel Collins , William Shurberd , Thomas Ransom , William Bead , John Gervalt , William Allen , John Wright . Joseph Reay , Solomon Pocock , Thomas Smith , Richard Allen , James Usher , Thomas Glaves , John Crompton , George Ellison , William Barton , Richard Joy , William Adams , Daniel Henley , James Everard , Peter Bolton , James Lara , Thomas Collins , Thomas Grainger , Thomas Collins , George Dunstan , Michael Hoy , John Wood , John Cobcroft , William Stubbs , alias Fielder, alias Jack the Gardener , James Wilkinson , John Young , John Place , Francis Harris , William Stevenson , John Thomas , John Crawford , Thomas Jones , Robert Guy , Robert Fenwell , Joseph Taylor , James Hornsby , Thomas Johnson , William Richardson alias Jones , Thomas Edwards , Joshua Softly , John Pace , Robert Jones , Solomon Bockarah , Thomas Thrush alias Thrust , Thomas Carter , John Aiken , Richard Cole , Joseph Ward , Thomas Serjeant , Samuel alias George Stevenson , Edward Riley , William Glover , Charles Woodyer , James Joiner , John Robby , George Porter , William Thorne , John Jennings , John Wood , Richard Arnold , Daniel Keneling , Michael Jones , John Millett , Abraham Jacobs .

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, William Clay, George Wallis, Daniel Brien, Thomas Wood, Jacob Jonas, Thomas Johnson, George Lovell, James Shirley, Charles Berkley, Thomas Tusk, James Bebbin, Robert Fawcett, William Tanner, Thomas Holyoake, Samuel Crofts, William Johnson, Edward Collins, Walter Forguson, William Harper, Robert Cox, William Caddie, Thomas Ward, John Harper, 9th September 1789.

The following capital convicts were offered his Majesty's pardon, on condition of Transportation to the Coast of New South Wales, for seven years , which they accepted, viz.

William Clay , George Wallis , Daniel Brien , Thomas Wood , Jacob Jonas , Thomas Johnson , George Lovell alias Gipsey George , James Shirley , Charles Berkley , Thomas Tusk , James Bebbin , Robert Fawcett , William Tanner , Thomas Holyoake , Samuel Crofts , William Johnson , Edward Collins , Walter Forguson , William Harper , Robert Cox , William Caddie , Thomas Ward , John Harper .

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Ann Smith, 9th September 1789.

Ann Smith also accepted his Majesty's pardon on condition of being confined to hard labour twelve months, in the house of correction .

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, John Robinson, George Hyser, Thomas Messenger, Thomas Newby, James Dawson, 9th September 1789.

N. B. In the evening, on the application of the Rev. Mr. Villette, the ordinary, the five following prisoners were again brought up to accept of the pardon.

John Robinson , George Hyser , Thomas Messenger , Thomas Newby , James Dawson .

Court. Prisoners, the ordinary, in tenderness to you, and out of his great humanity, has taken the trouble to deliver a message from you stating to me, that you are disposed to beg pardon of the Court; it will always be my inclination, and the inclination of the Court, to favor the life of persons in your situation; are you disposed to make proper submission? - Yes, my lord.

Sentence passed on those five to be transported for life .

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, William Davis, Edward Crowther, Thomas Chaffey, 9th September 1789.

By order of the Court, the following three prisoners were also brought up again, William Davis , Edward Crowther , Thomas Chaffey , and set to the bar.

Court. Prisoners, I have sent for you in hopes that the example of the other prisoners, who have been brought up for their sentence, and received the King's pardon, might induce you to spare your own lives; I think it my duty now to state to you, that the Sessions will in a very few moments be closed upon you; when the Sessions is closed you will be ordered for immediate execution; and it will be too late for you to change your mind on this dreadful subject; I have only therefore to recommend to you, once more, to think of your situation, which to you must be sudden destruction, if you do not accept of the terms of the King's pardon; you can have no other chance of saving your lives.

The three prisoners refused, and were ordered to the cells.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, John Boxley, 9th September 1789.

John Boxley , on condition of transportation for life , which he accepted.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, William Davis, 9th September 1789.

William Davis on the same condition, which he refusing, the Court addressed him as follows:

Prisoner at the bar, I think it my duty to state to you the very perilous situation in which you now stand; you have been convicted of an offence, for which, by the laws of your country, you have forfeited your life; but by the indulgence of a very kind sovereign, that life has been spared, to give you an opportunity of becoming a better man, in a different situation. I will, for one moment, throw aside the character of the Judge, for the Judge should, in his private capacity, be a friend to the unfortunate; at present, I address you, therefore, not as a Judge, but as a friend to an unfortunate man; and recommend it to you most sincerely, not to throw away that life which you have now an opportunity of saving. Having given you that advice as a friend to a man in a most lamenable situation, I shall now resume the character of the Judge; and tell you, that the administration of the justice of this country will not be sported with by men of your description; and if you do not accept the terms of the king's pardon, I shall order you for immediate execution; having given you this fair notice, I leave you to decide for yourself; but that decision must be made now, because you will not exist perhaps two days; perhaps not one, after your refusal.

(The question asked.)

Prisoner. Death is more welcome to me than this pardon.

Will you accept it? - I will not.

Court. Take him back to the condemned cells, and I shall sign a warrant of execution, as soon as I settle with the sheriffs, to prepare for that purpose.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, William Rayner, 9th September 1789.

William Rayner set to the Bar. Will you accept the king's pardon, on condition of transportation for life ? - Yes; and I humbly request my sentence may be put in force; and that I may not be made a slave in a free country.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, James Watts, 9th September 1789.

James Watts . My lord, I beg a fewminutes indulgence, to address myself to the Court; I do not mean to refuse my sentence, in my unhappy situation, which is yet different from my unhappy fellow sufferers. Previous to my trial, my prosecutor was proved to have been in a madhouse at Bethnal-green; and two days afterwards, he snatched his child newly born, and had liked to have dashed his brains out; and he was then sent to Bedlam; his two brothers are there now: and from the improbability of the robbery, and the circumstances attending it, I am sure your lordship will be convinced that me and Francis Hardy were totally innocent: a robbery in St. Clement's-church-yard, at five o'clock in the afternoon, at this time of the year; and no evidence but that of the prosecutor; we had no doubt but we should have received mercy ere now; no unhappy man will have a higher sense of his majesty's clemency and mercy, than myself: want of friends, and long confinement, has rendered us in a deplorable situation; I may appear now a little clean and decent; that I have done, not to offend the Court; but, for three years, the iron hand of oppression has been very severe against me; I do not mean to refuse my sentence; but as I shall never more be heard in this country, I have taken this liberty; my lord, it is not death I fear, by the stroke of the executioner, but I know, by refusing that sentence offered me, I shall offend God, at whose bar I must one day answer for my offences. I appeal to heaven, that I am as innocent of the charge laid against me, as your lordship; and so is the man convicted with me; and the circumstances attending my prosecutor, has induced me thus to appeal, if possible, that my sentence may be taken into consideration; I am sensible of his majesty's mercy; and certain I am, was my case known to him, he would extend a further mercy towards me; the stewards of Bedlam hospital will testify that our prosecutor was there, and his two brothers were there; Mr. Bowman, of a private madhouse, proved in this court, he was at his house; I have undergone a great deal during my three years confinement; but I do not mean to refuse my sentence, because I know I should offend God; I have imbibed these notions of christianity from my parents, which I should be sorry to deviate from; and I am sure, if my case was known to my gracious sovereign, he would look upon me with an eye of compassion. My lord, what I have said, you will find to be perfectly true.

Court. Prisoner, so far, you certainly have done right in accepting the king's pardon; that sort of conduct will give you a chance; if upon the circumstances of your case, there is any hope for mercy at all, (for no man who refuses the king's pardon, and treats it with contempt, can expect after that, to receive any favour from the crown; the best advice I can give you, is to have these circumstances represented to his majesty, as it is to him alone you must make application.

Prisoner. I beg leave, my lord, to return you thanks for the condescension and indulgence you have allowed me in speaking, as I never expected to be heard again here; and I now bow obedience to whatever his majesty's royal pleasure is; I accept it .

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Francis Hardy, 9th September 1789.

Francis Hardy . I wish to state to your lordship a word or two; I stand here convicted of a robbery; I believe, the strict text of the law in every sense, has prohibited, and forbid in every court of justice, that no lunatick whatever should be permitted to give evidence to affect any fellow subject's life; but mine was affected; I certainly have lost my liberty for near three years, for an offence that I have not been guilty of; I can testify before God, with a clear conscience, that I know nothing of that case whatever; nor the man that has last spoke; but the accusation proceeded from a rancour and malice raised in this prosecutor's mind, which I hope was from an act of insanity; I trust so; but notwithstanding the circumstance stated by Mr. Bowman, who proved to the Court, that he had been at his house for insanity;yet no respect was paid to Mr. Bowman's testimony; and four days after our conviction, his wife was brought to bed; and he dragged the child from Goldsmith-street, Gough-square; this is a truth to every body's knowledge; he dragged it into the Fleet-market in the skirt of his coat; and was going to throw it into the Thames. We did not ought to have suffered an hour's imprisonment on such a man's account; and I trust our hard case will be a warning to courts of justice, and more especially to the learned judges, never more to permit madmen to affect the lives and properties of his majesty's subjects; but I accept it .

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Joseph Morrell, 9th September 1789.

Joseph Morrell . I wish to speak a few words; I have been here six years for transportation, since I was sent to gaol; and I went to Woolwich; I suffered such hardships, that I made my escape; since that, I have been three years in this gaol; I hope I shall not go on board any more hulks; I accept my sentence very freely, only not to send me on board the hulks.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, John Robinson, 9th September 1789.

John Robinson . No, I will go to my former sentence.

Court. It is not necessary to repeat the observations I have made before; I have told you the situation in which you stand; you will have no further opportunity of accepting mercy; and if you now treat this with contempt, I shall order you for immediate execution.

Prisoner. I find I am in the hands of men.

Court. Do you accept of his majesty's mercy, on that condition mentioned? - No.

Court. Take him to the condemned cells immediately.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, George Hyser, 9th September 1789.

George Hyser . I return his majesty many thanks, but as I must leave my native country for a thing I am innocent of, I should rather have my former sentence, if I may have a proper time to make my peace with my Maker.

Court. I cannot conceive you can aggravate your offences before God more, than by this refusal; I give you notice, that you will be immediately ordered for execution; and you may be considered as committing murder upon yourself; if you chuse to appear in the face of Almighty God in such a situation, you must take the consequence; expecting to remain a very short time here, and to be in perpetual torment hereafter; now judge for yourself.

Prisoner. I hope you will give me proper time to make my peace with my maker.

Court. It is not in the power of the Court; you had better be advised; I can give you no time; you must now decide your fate for ever? - I will not accept it.

Court. Take him to a condemned cell immediately.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, John Durham, 9th September 1789.

John Durham . I was convicted in December sessions, 1787, on the evidence of Francis Fleming ; I was intirely innocent; the late recorder, then in his charge to the jury, told them, he thought it was not law, to convict a man without any corroborating circumstance; there was none in my case; as such, I think I should not accept it.

Court. If you wish to make any application, you must make it elsewhere; but it is totally incompetent to alledge that here.

Prisoner. I think I ought to suffer as a man; I am very sorry I must refuse it.

Court. I need not repeat to you, what has been repeated to others before; but yet, seeing the dreadful situation in which you stand; I shall observe to you, that you certainly will not be in a situation to appear before your maker, with the aggravated offence of being your own executioner; to go into the other world by the means you now propose to yourself; and it will be too late to accept this offer afterwards; you will be immediately ordered to the condemned cell; and as soon as the execution can be prepared by the sheriffs, a warrant will be signed, and you will suffer death? - I accept it.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Edward Crowther, 9th September 1789.

Edward Crowther . I will not accept it.

Court. I certainly shall spare myself the pains of repeating to every prisoner; judge for yourself; it will be too late tochange your mind hereafter; and when you come to face the executioner, in your last moments, you will severely lament this refusal.

Prisoner. I should much rather return to my former sentence.

Court. Take him to the condemned cell.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Thomas Messenger, 9th September 1789.

Thomas Messenger . I would rather die.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Thomas Newby, 9th September 1789.

Thomas Newby . No, if I am to be sent abroad; I have never been of any business, therefore I must be in a state of slavery, therefore I wish to resign my life among my friends and relations.

Court. Do you accept it or not? you are a young man; you will add vastly to the offences you have committed; you are certainly, at your time of life, considering the life you have led, not fit to be launched into the other world, with the consideration that you throw your life away.

Prisoner. I humbly thank your lordship for the pains you have taken, had I any view or hopes of getting any interest; I have no hopes of a conditional pardon, therefore I reject the sentence; I am sorry to trouble you my lord.

Court. Take him to the condemned cell, to be ordered for execution.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, James Dawson, 9th September 1789.

James Dawson . I would rather go to my former sentence.

Court. Take him to the cell.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Thomas Chaffey, 9th September 1789.

Thomas Chaffey . No.

Court. Take him to a condemned cell, immediately.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Thomas Vallame, Daniel Collins, William Shurberd, Thomas Ransom, William Bead, John Gervalt, William Allen, John Wright, Joseph Reay, Solomon Pocock, Thomas Smith, Richard Allen, James Usher, Thomas Glaves, John Crompton, George Ellison, William Barton, Richard Joy, William Adams, Daniel Henley, James Everard, Peter Bolton, James Lara, Thomas Collins, Thomas Grainger, Thomas Collins, George Dunstan, Michael Hoy, John Wood, John Cobcroft, William Stubbs, James Wilkinson, John Young, John Place, Francis Harris, William Stevenson, John Thomas, John Crawford, Thomas Jones, Robert Guy, Robert Fenwell, Joseph Taylor, James Hornsby, Thomas Johnson, William Jones, William Richardson, Thomas Edwards, Joshua Softly, Robert Jones, Solomon Bockarah, Thomas Thrush, Thomas Carter, John Aiken, Richard Cole, Joseph Ward, Thomas Serjeant, Samuel Stevenson, Edward Riley, William Glover, Charles Woodyer, James Joiner, John Robby, George Porter, William Thorne, John Jennings, John Wood, Richard Arnold, Daniel Keneling, Michael Jones John Millett, Abraham Jacobs, 9th September 1789.

The following capital convicts accepted his Majesty's pardon, on condition of being transported for life .

Thomas Vallame , Daniel Collins , William Shurberd , Thomas Ransom , William Bead , John Gervalt , William Allen , John Wright . Joseph Reay , Solomon Pocock , Thomas Smith , Richard Allen , James Usher , Thomas Glaves , John Crompton , George Ellison , William Barton , Richard Joy , William Adams , Daniel Henley , James Everard , Peter Bolton , James Lara , Thomas Collins , Thomas Grainger , Thomas Collins , George Dunstan , Michael Hoy , John Wood , John Cobcroft , William Stubbs , alias Fielder, alias Jack the Gardener , James Wilkinson , John Young , John Place , Francis Harris , William Stevenson , John Thomas , John Crawford , Thomas Jones , Robert Guy , Robert Fenwell , Joseph Taylor , James Hornsby , Thomas Johnson , William Richardson alias Jones , Thomas Edwards , Joshua Softly , John Pace , Robert Jones , Solomon Bockarah , Thomas Thrush alias Thrust , Thomas Carter , John Aiken , Richard Cole , Joseph Ward , Thomas Serjeant , Samuel alias George Stevenson , Edward Riley , William Glover , Charles Woodyer , James Joiner , John Robby , George Porter , William Thorne , John Jennings , John Wood , Richard Arnold , Daniel Keneling , Michael Jones , John Millett , Abraham Jacobs .

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, William Clay, George Wallis, Daniel Brien, Thomas Wood, Jacob Jonas, Thomas Johnson, George Lovell, James Shirley, Charles Berkley, Thomas Tusk, James Bebbin, Robert Fawcett, William Tanner, Thomas Holyoake, Samuel Crofts, William Johnson, Edward Collins, Walter Forguson, William Harper, Robert Cox, William Caddie, Thomas Ward, John Harper, 9th September 1789.

The following capital convicts were offered his Majesty's pardon, on condition of Transportation to the Coast of New South Wales, for seven years , which they accepted, viz.

William Clay , George Wallis , Daniel Brien , Thomas Wood , Jacob Jonas , Thomas Johnson , George Lovell alias Gipsey George , James Shirley , Charles Berkley , Thomas Tusk , James Bebbin , Robert Fawcett , William Tanner , Thomas Holyoake , Samuel Crofts , William Johnson , Edward Collins , Walter Forguson , William Harper , Robert Cox , William Caddie , Thomas Ward , John Harper .

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, Ann Smith, 9th September 1789.

Ann Smith also accepted his Majesty's pardon on condition of being confined to hard labour twelve months, in the house of correction .

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, John Robinson, George Hyser, Thomas Messenger, Thomas Newby, James Dawson, 9th September 1789.

N. B. In the evening, on the application of the Rev. Mr. Villette, the ordinary, the five following prisoners were again brought up to accept of the pardon.

John Robinson , George Hyser , Thomas Messenger , Thomas Newby , James Dawson .

Court. Prisoners, the ordinary, in tenderness to you, and out of his great humanity, has taken the trouble to deliver a message from you stating to me, that you are disposed to beg pardon of the Court; it will always be my inclination, and the inclination of the Court, to favor the life of persons in your situation; are you disposed to make proper submission? - Yes, my lord.

Sentence passed on those five to be transported for life .

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 19 February 2018), September 1789 (s17890909-1).

Old Bailey Proceedings supplementary material, William Davis, Edward Crowther, Thomas Chaffey, 9th September 1789.

By order of the Court, the following three prisoners were also brought up again, William Davis , Edward Crowther , Thomas Chaffey , and set to the bar.

Court. Prisoners, I have sent for you in hopes that the example of the other prisoners, who have been brought up for their sentence, and received the King's pardon, might induce you to spare your own lives; I think it my duty now to state to you, that the Sessions will in a very few moments be closed upon you; when the Sessions is closed you will be ordered for immediate execution; and it will be too late for you to change your mind on this dreadful subject; I have only therefore to recommend to you, once more, to think of your situation, which to you must be sudden destruction, if you do not accept of the terms of the King's pardon; you can have no other chance of saving your lives.

The three prisoners refused, and were ordered to the cells.