Folio 104. Petition of John Harvey, gamekeeper and farmer from Suffolk. Accused on...

Folio 104. Petition of John Harvey, gamekeeper and farmer from Suffolk. Accused on 12 January 1747, along with several others, of smuggling and bearing fire arms on 8 October 1746. Order in Council published 17 January 1747, giving 40 days to surrender. Only knew four days before deadline. Sent reputable people to Samuel Artis, Justice of the Peace at Yarmouth [Suffolk], to attest his innocence. Came to London in April 1747 and committed to Newgate prison [London] for not surrendering himself. Request for charge of failing to surrender to be dropped.

Folio 105. Affidavit of John Harvey, swearing contents of his petition [folio 104] are true. Sworn at Newgate before Stepn [Stephen] Postlethwaite. Dated 22 May 1747.

Folio 106. Letter from H Simon, solicitor for the Customs, to John Harvey. Will soon be taken by Writ of Habeas Corpus before Court of King's Bench. May be executed for not surrendering, as directed by Order in Council published in London gazettes on 17 and 20 January 1747. Dated 20 May 1747.

Folio 107. Affidavit of John Harvey, farmer from Pond Hall, Suffolk. Accused on 12 January of smuggling goods at Benacre in Suffolk on 8 October 1746. Ignorant of Order in Council giving 40 days to surrender from 17 January until 4 days before deadline, in February. Claims innocent of charges, not at Banacre in September or October 1746. If consequences of Order in Council had been clear, would have surrendered to prove innocence at trial. Did not abscond to avoid justice. Taken before Steph [Stephen] Postlethwaite. Dated at Newgate on 27 May 1747.

Folios 108-112. Report by D [Dudley] Ryder, Attorney General, on case of John Harvey. Copy of text of Harvey's petition [folio 104], transmitted by Earl of Chesterfield on 26 May, and copy of text of affidavit [folio 107], provided by council and solicitor on Harvey's behalf. Mr Simon, solicitor to Customs, has witness testimonies that contradict petition. Summary of [1746 Smuggling] Act. Opinion that petition should not be granted; may set precedent for evading order of surrender. Questionable motive submitting affidavit when facing execution, rather than in February or when imprisoned in Newgate on 21 April.