Report of Archibald Macdonald on 1 individual petition (David Sutton) on behalf of...

Report of Archibald Macdonald on 1 individual petition (David Sutton) on behalf of Redmond Costello, soldier in the 4th Regiment, tried with (John Taylor and Richard Mullally, acquitted) and convicted at [the Essex Assizes] at Colchester [date not specified], for the murder of William Wrack, private in the North Lincolnshire Militia, on 25 December 1808. Evidences supplied by George Noon, publican of the Woolpack Inn; Sarah May, servant at the Woolpack Inn; Robert Bacon, servant to George Noon, victualler and keeper of the 'Woolpack' at Colchester; Sarah May, servant at the 'Woolpack'; Robert Bacon, resident of the 'Woolpack'; Thomas Gibson, corporal, North Lincolnshire Militia; Edward Gilbert, Henry Wregley, private, North Lincolnshire Militia; Edward Gilbert, Henry Wregley, William Moysey, both privates in the North Lincolnshire Militia; Charles Beaty, surgeon; James Simpson, George Denton, sergeant of the 4th Regiment; William Gillingham, corporal of the 4th; Mary Gillingham, wife of William Gillingham; Michael Macmahon, soldier in the 4th; Timothy Jones, Captain in the 4th and Captain Bourk. There are sworn statements/depositions from George Noon, James Simpson, cooper; James Cooper (nephew of previous witness) plumber and glazier; Sarah May, singlewoman/servant; Thomas Gibson, John Slater, private soldier in the North Lincoln Regiment; Edward Gilbert, private in the North Lincoln Regiment of Militia; Charles Beatty; a further statement from Sarah May; Robert Bacon, servant to George Noon; a further statement from Robert Bacon; and a further statement from Edward Gilbert. There are letters from Lord Liverpool [somewhat illegible], Lord Chatham and David Sutton. There are evidences supplied by John Taylor and Richard Mullally that Costello did not kill Wrack, Taylor knows who did but the identity is not disclosed; copies of these documents and a covering letter to them by J Read. Grounds for clemency: the evidence presented was not enough to prove his guilt. Initial sentence: death. Recommendation: respite of execution and a further report on the issue of possible mistaken identity. Folios 139-172.

See also HO 47/41/19 , folios 177-179.