Catalogue description Prisoner name: Robert Folkes. Prisoner occupation: [labourer]. Court and date of trial:...

Prisoner name: Robert Folkes.

Prisoner occupation: [labourer].

Court and date of trial: Ely Lent Assizes, Cambridgeshire, 30 March 1832 or 31 March 1832 but heard at Wisbech [apparently on account of an outbreak of Cholera at Ely].

Crime: Rape (four counts) of Elizabeth Heythorpe (or Elizabeth Heythorp) alias Elizabeth Twite (or Elizabeth Twyte) at Tydd St Giles, Cambridgeshire, on 12 February 1832.

Initial sentence: Death. Day of execution set for 21 April 1832.

Annotated: 'Pardon Conditional prepared 16 Jun 1832'; 'Free pardon prepared 10 July 1832'.

Petitioner(s): Robert Folkes (the convict) supported by affidavits from William Norman (innkeeper), William Claxton and John Milner (labourer), and a joint affidavit from John Collins (innkeeper), John Lawson (constable), Henry Seaman (labourer) and Richard Baker (labourer). William Claxton (defence solicitor). 91 inhabitants of the parishes of Tydd St Giles and Tid St Mary. Mary Folkes (the convict's mother). Lewis Flanagan (defence counsel). [William Pillans] [magistrate].

Grounds for clemency: Innocent of the crime; the prosecutrix and her husband gave perjured testimony; she compounded the crime by agreeing to take £5 not to prosecute; objection to the indictment was supported and therefore the convict should have been entitled to his discharge.

Other papers: Judge's notes on the evidence. Judge's report on the case recommending a reprieve. An anonymous letter signed 'A B'. Letter from William Claxton requesting suspension of the order for convict's removal for transportation. Pencilled note 'To be pardoned, no letters need be written'. Letter from William Claxton transmitting a petition and four affidavits. Letter from [William Watson] (High Bailiff of the Isle of Ely) enclosing a coroner's note. Further letter from [William Watson] concerning the convict. William Pratt (HM Coroner for Wisbech) stating that the prosecutrix died 'by the Visitation of God' but that her death was accelerated by previous mental excitement. Letter from the Bench (11 signatures) confirming their opinion that the conviction was just. An enclosure note from the trial judge. Letter from Edward Tice (governor of Gressenhall Workhouse, Norfolk) certifying that the prosecutrix is a single woman from Great Dunham, Norfolk, that she has been in the Gressenhall Workhouse at various times, has been imprisoned once for felony and twice for immoral and disorderly conduct and finally escaped from the House with Knights and Heythorpe, stealing clothes. Further letter from Edward Tice giving a full account of his records concerning William Heythorpe, Elizabeth Heythorpe and James Knights whilst inmates of the workhouse. Letter from William Watson (High Bailiff for the Isle of Ely) giving further evidence on behalf of the convict. Agreement between the prosecutrix and both prisoners for £5 not to prosecute them. Letter from the rector of Hardingham, Norfolk and parish officers, giving the prosecutrix and her associates bad characters. Two further characters against the prosecutrix. Letter from Phillips (Home Department) to the trial judge requesting copies of the evidence and the judge's report on the case. Letter from William Claxton to the Bench pointing out that the indictment was for the rape of a married woman but that she was actually single, and that therefore the indictment must be bad and the defect fatal to the case. Letter from Lewis Flanagan (defence counsel) transmitting papers to the Home Department. Letter from H Whiter [rector of Hardingham] transmitting papers to [Lewis Flanagan]. Letter from William Claxton to the Home Secretary requesting further suspension of definitive judgement. Certificate by Dennis Hile (Rector of Gressenhall) that no marriage has been conducted between the prosecutrix and William Heythorpe. Further similar certificate that there is no entry in the parish register. Letter from Benjamin Barlow (Keeper of Ely Gaol) acknowledging receipt of the respite of the convict's execution. Letter from William Watson also acknowledging receipt of the respite. Deposition by Elizabeth Heythorpe giving her version of the crime. Letter from Sir Charles Mansfield Clark transmitting a petition to the Home Department. Letter from John David Hayhill (county magistrate) as to the character of Edward Tice. Letter from [Charles Hand] to the Reverend Robert King at Wisbech detailing his efforts to secure the convict's reprieve.

Additional Information: Held in the Ely and Wisbech gaols. He was tried with Levi Ladds (or Levy Ladd) who was acquitted.