HC Deb 18 February 1875 vol 222 cc490-2

Order for Consideration of the Papers presented [16th February] relating to the Conviction and Escape of John Mitchel read:—

The said Papers read, as follows:— Copy of Certificate by the Clerk of the Crown for the County of Dublin of the Conviction and Judgment in the Case of the Queen against John Mitchell.

County of the City of Dublin, To wit.

SEARCH being made amongst the Records of the office of the Clerk of the Crown for the County of the City of Dublin, I certify that one John Mitchell was, at a Court of Oyer and Terminer and General Gaol Delivery, duly holden at the Sessions House, Green-street, in and for the County of the City of Dublin, on the Twenty-sixth day of May, in the year of our Lord One Thousand Eight Hundred and Forty-eight, indicted, tried, and convicted, for that he, on the sixth day of May, in the year aforesaid, and on divers other days as well before as after, feloniously compassed to depose the Queen from the State, Honor, and Royal Name of the Imperial Crown of the United Kingdom, and to levy war against the Queen in that part of the United Kingdom called Ireland, in order by force and constraint to compel Her Majesty to change Her measures and counsels, and such felonious compassing expressed and declared by feloniously publishing in a certain public newspaper, called the "United Irishman," of which newspaper he the said John Mitchell was the proprietor, certain publications dated the sixth of May and thirteenth of May in the year aforesaid, and by divers other overt acts charged and stated. And the said John Mitchell, having been convicted of the felony aforesaid, was thereupon sentenced by the Court to be transported beyond the seas for the term of fourteen years. Dated this 10th day of February 1875. (signed) "EDWARD GEALE. Clerk of the Crown for the County of Dublin. EXTRACT from the 'Hobart Town Gazette,' "Tuesday, 14 June 1853. Convict Department, Comptroller General's "Office, 12 June 1853.

"ABSCONDERS.

FROM his authorised place of abode in Hobart, since the 9th instant, John Mitchell, per "Neptune," tried at Dublin City, 20th May 1848; 14 years; solicitor, 5 feet 9½ inches, age 37, complexion sallow, hair dark brown, eyes grey; native place, County Derry. Reward, 2l., or such lesser sum as may be determined upon by the convicting magistrate. Sir W. Denison to Earl Grey. (No. 109—Executive.) Van Diemen's Land, Government House, My Lord, 2 May 1850. WITH reference to my Despatch, No. 110, reporting the arrival of the "Neptune," I have the honour to acquaint your Lordship that in the absence of any specific directions as regards the prisoner John Mitchell, I have acted towards him in the same manner as towards the other prisoners who came out in Her Majesty's ship 'Swift,' having offered to him a ticket-of-leave upon condition that he will not attempt to avail himself of the opportunity afforded him of making his escape from the Colony. He has accepted the indulgence upon this condition; and in consequence of the state of his health, which was represented to me by the Surgeon Superintendent of the convict ship as being such as to render him incapable, not merely of maintaining himself, but of performing those ordinary offices which are essential to his existence, I have allowed him to reside in the same police district with the prisoner John Martin, and I trust that these arrangements will meet with the approval of your Lordship. I have, &c. (signed) "W. DENISON. The Right Honourable Earl Grey, &c. &c. &c. Sir W. Denison to the Duke of Newcastle. (No. 161—Executive.) Van Diemen's Land, Government House, My Lord Duke 9 July 1853. I HAVE the honour to report that the Irish State Prisoner named in the margin [John Mitchell] has effected his escape from the Colony. I enclose copy of a letter addressed to the Chief Police Magistrate by the Assistant Police Magistrate of Bothwell, the district in which Mitchell was residing, detailing the circumstances under which Mitchell left the district, and I have only to add that the subsequent pursuit of the men by the police was of no avail. I have, &c. (signed) "W. DENISON. His Grace the Duke of Newcastle, &c. &c. &c. To the Lieutenant Governor. Sir, Bothwell, 8 June 1853. I HEREBY resign the 'comparative liberty,' which is called ticket-of-leave, and revoke my parole of honour. In pursuance of this determination, I shall forthwith present myself before the police magistrate of Bothwell at his police office, shew him this letter, and offer myself to be taken into custody. I remain, &c. (signed) "JOHN MITCHELL. Received this day (Friday, 10th June), at 40 minutes past 10 a.m. (signed) "W. NAIRN. Forwarded to the chief police magistrate, with the request that he will cause Mitchell to be apprehended and lodged in custody at the prisoners' barracks. (signed) "W. NAIRN. BY express I received the above communication last night, with the assistant police magistrate's report, by which it appears that he presented it to the assistant police magistrate at the police office, but before he could read it he left the office, mounted a horse he had ready, and with another person, supposed Smyth, galloped off. He was instantly pursued by the chief district Constable on horseback. So soon as I received the report, warrants were prepared, with descriptions, and sent to the outposts and Swan-port districts, and two parties of constables dispatched over to Spring Bay. (signed) "F. BURGESS, Chief Police Magistrate, 10 June 1853. The Comptroller General, &c. &c. &c. Submitted, There is no further information, nor any other papers in the Comptroller General's Office on this subject; but I suggest that Mr. Mitchell's absconding should be reported to the Secretary of State. (signed) "J. S. HAMPTON, 27 June 1853. Comptroller General. Let the Draft of a Despatch be prepared, (signed) "W. D. 27 June 1853. Original dispatched by express to Green Ponds this day. (signed) "BOTHWELL. Bothwell Police Office, Sir, 9 June 1853, 1 p.m. I HAVE the honour to report, for your information and that of his Excellency the Lieutenant Governor, that the State prisoner named in the margin [John Mitchell] has just entered my office, and placing in my hands the enclosed communication addressed to the Lieutenant Governor, instantly quitted before I could peruse the note, and mounting a horse, which he had in waiting at the gate, galloped furiously off. Mr. Mitchell was accompanied by a short man wearing a moustache whom I have once seen with him at this office before, and whose name I am informed is 'Smith.' In a few minutes after this occurrence the Chief District Constable was in his saddle and in pursuit. I feel I cannot pass over the last line in Mr. Mitchell's note where he says, 'offer myself to be taken into custody,' without stating in explanation that I can only characterise the expression as a deliberate lie. I shall instantly dispatch an express to Launceston and George Town. I have, &c. (signed) "G. A. DAVIS, A. P. M. The Chief Police Magistrate.