Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 10 May 2021), September 1817, trial of BENJAMIN HARMER (t18170917-40).

BENJAMIN HARMER, Miscellaneous > returning from transportation, 17th September 1817.

1147. BENJAMIN HARMER was indicted for being at large, without lawful excuse, at Waltham Holy-cross, Essex , on the 27th of July , before the expiration of the term of his natural life, for which he had been ordered to be transported .

SAMUEL MILLER . I am an officer of Whitechapel. I produce the certificate of the prisoner's conviction, which I obtained from Mr. Shelton's office. I apprehended the prisoner at the Duke's Head, at Walthamstow, Essex, on Sunday, the 27th of July, I knew him before; I found some tools in his pocket, and believe he has worked at the shoe-making business since he returned.

RICHARD SMART . I am turnkey of Newgate, and was so in the fifty-fourth year of the present reign. I was present here in the April Sessions that year when the prisoner was convicted; I delivered him myself on board the Retribution hulk, at Sheerness. He is the same person.

Cross-examined by MR. CURWOOD. I have delivered a great many men. I know the prisoner very well.

(The certificate of the prisoner's conviction was then put in and read.)

Prisoner. I leave my case to my counsel.

The prisoner produced two witnesses, who gave him a good character; and stated him to have been industriously employed since he returned.

GUILTY . - DEATH . Aged 24.

First Middlesex Jury, before Mr. Justice Burrough.