Report of Souldon Lawrence on 1 individual petition (prisoner) and 1 collective petition...

HO 47/22/52

1798 Dec 4

Report of Souldon Lawrence on 1 individual petition (prisoner) and 1 collective petition (10 people, from Newcastle under Lyme) on behalf of Charles Lightfoot, shoemaker, convicted at the Staffordshire Spring Assizes in 1798, for stealing 40 pairs of shoes, property of Thomas Beardmore, on 3 February 1798. Evidences supplied by Thomas Beardmore, John Beardmore, Edward Salt a 12 year old boy; William Mayor, Mary Gregory, John Hollins and the prisoner. Laurence comments 'the account given of the transaction of the second witness, John Beardmore represented his own conduct as so extraordinary, that I do not imagine the Jury would have been satisfied with his evidence, had it not been confirmed by the other witness Salt'. John Beardmore was the brother of the prosecutor, in his evidence he claimed that the witness lived next door to his brother and was woken by his dog about 2 o'clock. He opened the window and he saw Lightfoot walking from the shop door, as it was a moonlit night. There then follows a lengthy statement of him shutting and opening the window to various degrees, in great detail to look out of the window; 'I drew the window to, then I pushed it open a little and I saw Lightfoot trying at the door, I opened the window...'. It appears that Salt inadvertently testified that Lightfoot was the burglar by saying he had seen Lightfoot and a man in a smock frock. He did not say he saw Lightfoot break into the shop only that he had seen him that morning, in his cross examination he states he saw the prisoner between 9 and 10 o'clock, the break in happening at just after 2am according to Beardmore. Post-trial affidavits have been supplied by: Ann Harrington who deposed that Salt had told her that Charles Lightfoot had not been among the thieves and that he 'knew Lightfoot as well as his own father,' and he had said the same to his mother. His mother had said that if her son had given evidence against the said prisoner as was reported 'he had done very wrong indeed.' Thomas Ford and James Cope deposed that Thomas Ford and James Cope were discussing the breaking of Beardmore's shop. It was mentioned that the boy Salt has given evidence. They asked the boy what he had seen and he said 'two potters with white potters aprons' had broken into the shop; in his cross-examination at the trial Salt describes Lightfoot has having a black apron. William Worrall deposed that Edward Salt had sworn to him he had not said anything against Lightfoot, did not know anything about Lightdoot and it was 'John Beardmore that had done Lightfoot's business for him as he expressed himself.' Grounds for clemency: if the information contained in the affidavits had been presented at court the prisoner would not have been committed, prisoner is an active and able man, has a wife and 5 children to support, his wife has 'fallen into a deep decline and is now at the point of Death' (1 child has already died). Initial sentence: 7 years transportation. Recommendation: further enquiries to be made of the boy's master. Speaks in favour of mercy if the outcome of the investigation is in favour of prisoner. Folios 324-334.

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