Alexander Cunningham

342

Maureen Withey on 20th January 2026

https://www.oldscottish.com/convict-records-3.html Old Scottish Genealogy and Family History, Database of  Scottish Court records relating to Australian convicts.  Alexander Cunningham, Tabacco spinner and turner. Prisoner in the tolbooth of Edinburgh, formerly Canongate, Edinburgh ; Tried Edinburgh, 21 Jan 1822, Death - hanging by public executioner ; Per Eliza, 13 July 1822, to New South Wales. -------------------------------------------------------------- National Archives. Criminal Petitions. HO 17/6/10 1822 Feb 1 Prisoner name: Alexander Cunningham. Prisoner details: Aged 17 years. Court and date of trial: Edinburgh Circuit Court of Justiciary, 21 January 1822. Crime: Theft and housebreaking. Indicted on three counts of simple theft and eight counts of theft by housebreaking. Full details are given in the accompanying printed indictment. Initial sentence: Death. Date of execution set for 27 February 1822. Annotated: 'Respite sent 2 Feb' [1822]. Petitioner(s): Alexander Cunningham (the convict) undersigned by Robert Dunlop (his agent). Grounds for clemency: The convict's youth; led into the crime by others; the accusation of being a thief of 'habit and repute' was abandoned in court; previous good character; recommended to mercy by the jury and supported by the Bench. Other papers: Report on the case by D Boyle, Lord Justice Clerk. Printed indictment. Letter from Robert Dunlop transmitting the petition to the Home Department. Additional Information: Held in Edinburgh Tolbooth. Convicted with Robert Robertson (aged 14), Jean Robertson (or Jean Robison), Mathew Murdoch and Mary Murdoch (or Mary Steel) all sentenced to 14 years transportation. ---------------------------------------------------------------  HIGH COURT OF JUSTICIARY. Monday, Alexander Cunningham, Robert Robertson, Jean Robertson, and Mathew Murdoch, stood indicted for eleven acts of housebreaking, theft, and reset of theft, to nine of which charges Cunningham pleaded Guilty, but denied being habit and repute a thief This prisoner is only 18 years of age. Robert Robertson, only 14 years  of age, pleaded Guilty to the 2d, 3d, and 4th charges; Jean Robertson at first pleaded Not Guilty, but retracted her plea, and acknowledged being guilty of the 9th charge, and habit and repute a thief. The diet was continued against Mathew Murdoch till Monday next, and Mary Murdoch was outlawed for non-appearance. A Jury having been chosen, the prisoners adhered to their plea. The LORD ADVOCATE restricted  the libel against the boy Robertson and Jean Robertson. Mr DUNDAS addressed the Jury for the prisoner Cunningham,  and anticipating what their verdict must be, earnestly implored them to accompany it with a recommendation to mercy   as the prisoner was not hardened in vice, but had been seduced from the paths of virtue through bad company, all the charges against him having been committed within ten days, and in out-houses, or uninhabited places  not carefully guarded. The Learned Gentleman pressed upon the Jury the ingenuous confession the unhappy youth had made to which he still adhered, and hoped he might yet return to those paths from which he: had deviated. The LORD Justice CLERAN. after noticing the very heavy indictment, told the Jury, that if they accompanied their verdict by a recommendation to mercy, they must state distinctly upon what grounds they did so. The Jury, after retiring for a short time, brought in a verdict of Guilty against Alexander Cunningham but recommended him to mercy on account of his youth and candid confession. The Jury also found Robertson and Jean Robertson Guilty, in terms of their own confession. The Lord Justice Clerk assured the Jury that their recommendation should be transmitted to him who alone possessed the power of mercy. Lord HERMAND said, that no respect the Court might entertain for any Jury ought to induce them to depart from their bounden duty  and that whatever future events might take place, he could not do less than propose that Cunningham be executed on Wednesday the 27th of February, and that Robert Robertson and Jean Robertson be transported for fourteen years. Caledonian Mercury, 24 Jan 1822.