Catalogue description Report of Vicary Gibbs, Recorder of Bristol, on 1 individual petition (Elizabeth Gage,...

Report of Vicary Gibbs, Recorder of Bristol, on 1 individual petition (Elizabeth Gage, prisoner's wife and endorsed by the prosecutor) and 1 collective petition (13 people, from the jury) on behalf of William Gage, employed at the prosecutor's brewery, convicted (with Edward Evans and James Selman) at Bristol on 2 April 1796, for breaking and entering a house, Edmund Matthews, journeyman butcher, being inside, and stealing meat, value £3, property of Samuel Kingdon, brick maker, on 6 June 1795 during a riot 'on account of the high price of provisions at this time.' Evidences supplied by Edmund Matthew, servant to Samuel Kingdon; Phillip Weeks, Philip Jones, Mr Wilmott, a brewer and Thomas Stevens, cellar-man to Mr Wilmott. The meat was in the house as Mrs Kingdon ran a butchers stand in the local market. There are also 4 affidavits of:

1. John Seal, employee of Luke Wilmott, swore that he worked with William Gage from 5 o'clock and he did not leave the building until after 9 o'clock in the evening and so Gage was unable to commit the crime at 8 o'clock as stated by Matthews in Gage's trial. At 9 o'clock they went to a public house with Thomas Stevens for half an hour and then Gage said he was going to the market to buy meat for his family. John Seal was not given any notice of the trial of William Gage and was not called to appear at the trial

2. Ann Kindon/AnnKingdon swore that Edmund Matthew was unable at the time of the riot to identify William Gage. [Matthew's evidence being the only evidence against Gage at the trial]

3. Luke Wilmott swore that he saw William Gage at his premises at regular intervals until 9 o'clock in the evening when he paid the prisoner, John Brice, Henry Osmund and John Seal.

4. John Brice and Henry Osmund swore they were employees of Luke Wilmott and worked all day with William Gage until they were paid their wages at 9 o'clock, they were not given any notice of the trial of William gage and were not called to appear at his trial.

In his account of the trial Gibbs notes that Matthews is a man of very savage temper and disposition, and who upon the conviction of William Gage was entitled to receive the sum of £40 of parliament. Mr Wilmot could not swear positively that Gage did not leave the premises and at the trial Matthews swore positively that Gage was indeed there and committed the crime and so Gage was convicted of the crime. Grounds for clemency: witnesses were not called as before the trial Mr Wilmot was assured that his testimony alone would clear Gage from the offence, the 1 witness who testified against Gage could not have seen him at the time of the riot, and stated this to another witness who has sworn to this in an affidavit, and the distress of wife and 2 children Initial sentence: death, respited to 14 years transportation. [Edward Evans, not guilty and James Selman, not guilty] Recommendation: free pardon. Folios 278-299.