621. WILLIAM HARDING proceedingsdefend was indicted for being found at large before the expiration of the term of seven years for which he had been ordered to be transported , June 5th .

(The witnesses for the prosecution proved that the prisoner had been tried for, and convicted of a highway robbery in 1773; and had afterwards received his majesty's pardon, on condition of transportation for seven years.)

PRISONER's DEFENCE.

I came over to England in consequence of General Howe < no role > 's proclamation; when I first went over I was sold to one Mr. Davis, who was made a rebel captain; he took me out about this time twelve month to Philadelphia in the rebel service; he forced me to go along with him, I was there four days; we heard the English troops were landed at a place called the head of Hell; I then deserted because I would not fight against my King and Country; I was taken again by the rebel light horse; I was then put under guard for deserting from them; I went back to Philadelphia till the battle was fought at Brandawine; I kept there about a month after the battle was fought; I was ordered to be shot there; but General Washington < no role > sent down to twelve of us, that if we would all take the oath of allegiance and serve the Americans, we should all be acquitted; I thought I had better do that than die; I did take the oath, after that another battle was fought. I was at that battle, but I could not make my escape; I would not fight against my King and Country; we retreated back to a place called Kensington, I staid there a month; I heard from a deserter that General Howe < no role > gave a proclamation that all that came to him should have a free pardon; upon which I and six more deserted to him to Philadelphia, there we took the oaths of allegiance, and I came home by the proclamation along with one Captain Malne < no role > . I sent to him; he sent a note that he could not come to day, but he would come to morrow morning; he was going out in a day or two's time about some business; I deserted from the Americans once; they took me again; I was cast for death for it, and was to have been shot for it.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice NARES.