John Fox

341

Maureen Withey on 21st October 2023

National Archives, Criminal Petitions. HO 17/117/52. Prisoner name: John Fox. Court and date of trial: Bury [Suffolk] Sessions March 1825. Crime: Passing an out of date bank note valued at £10. Initial sentence: 7 Years transportation. Gaoler's report: Character from gaol very bad - said to be at the head of a gang of horse stealers from London. Petitioner(s): Prisoner. Grounds for clemency (Petition Details): Character witnesses all live in London unable to pay for them to travel to court; honest and upright character; family dependants; asks to remain in country. Date: 1825.

341

Maureen Withey on 28th April 2023

At the adjourned County Sessions for this Division, on Wednesday last, ... At the above Sessions John Fox, well known in this neighbourhood as a horse-dealer and jobber, was indicted for a misdemeanor, in having defrauded Jas. Shelley, of Clare, by paying him a 10/. note of the Weald of Kent Bank, which was of no value, having stopped payment several years since.— An application was made to postpone this trial till the Assizes, by an affidavit from the prisoner, stating the absence of two material witnesses on his behalf. This was opposed by Mr. Stevens, attorney for the prosecution, who staled that the prisoner hail had plenty of time to subpoena his witnesses, having been committed a month-; he also stated the heavy expence that would that would attend the prosecution, should the trial be postponed, as some of their witnesses had been subpcened from Kent — The Court refused the application. — Mr. Stevens, in the absence of Counsel, then stated the case to the Jury, and called James Shelley, who said that he kept the Half Moon Inn, Clare, that the prisoner came to his house on the 10th of Feb. about ten at night, and after taking some refreshment called for his bill, which was 2s. 3d. ; the prisoner then offered him a 10/. note of the Weald of Kent Bank, which he took and gave him 91 17s. 9d. change, but asked the prisoner to endorse it with his name, and he wrote on the back of the note James Willis, Grays, Essex. He then took his horse and rode off. — The next morning witness finding that the note was a bad one went in search of the prisoner, and found him at the Crown at Little Thurlow, where he was immediately apprehended. — C. Traylen, the constable, of Thurlow, said that when he took the prisoner into custody he threw a purse under the manger in the stable, which contained a 10/. note of the Weald Bank, together with some notes belonging to a Somersetshire Bank; and upon examining his person he found another 10/. Weald note. … The prisoner said in his defence that he took the notes of his son who received them at Smithfield for stock, and at the time of paying them away he did not know but that they were good notes; if his trial had been put off he could he could have proved whom his son took them of, but having been committed little more than 3 weeks he had not time to to subpoena his witnesses, they being at a great distance ; besides he had no money, that and his horse being taken from him when apprehended.— The Chairman (Dr. Colvile) having summed up the evidence in a very impartial manner, the Jury, after a short consultation, returned a verdict of Guilty, and the prisoner was sentenced to be transported for seven years. It is lamentable that the spirit with which Mr. Shelley undertook this prosecution should he so ill-requited by the law, which forbids the payment of expences in a case of misdemeanour, whilst it allows them against the pilferer of a threepenny faggot. Bury and Norwich Post, 16 Mar 1825. --------------------------------------------------------------------- Tasmanian Conduct Record https://stors.tas.gov.au/CON31-1-13$init=CON31-1-13P108 and https://stors.tas.gov.au/CON34-1-1$init=CON34-1-1P715 . See records for details. Convict Register Record https://stors.tas.gov.au/CON23-1-1-P140 John Fox, No 301.