33054-001897

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[on right]

To His Excellency Major

General Bourke CB, Governor

in Cheif [sic] of New South Wales.

[on left]

The Humble Petition of Martin Smith

Per Earl St Vincent (1st) a Prisoner of

the Crown-

Respectfully Sheweth,

That Petitioner arrived in This Colony in the month of Dec'r 1818, and was Tried upon the 1st March 1830, before Major Lockyer Police Magistrate at Parramatta upon a charge of robbery in a dwelling House, and being convicted received a Sentence of Transportation to a Penal Settlement for Three years ---

That Petitioner most solemnly assures Your Excellency he is totally innocent of the crime for which he is at present so severely suffering, as a proof of which he begs most respectfully

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to state that since his removal to Moreton Bay, a man named Patrick Mescall, alias George Horton, has been convicted of a Crime in the Criminal Court, and for which he received a Sentence of 14 Years [sic] Transportation, and that previous to his removal to a Penal Settlement, he acknowledged himself guilty [underlined] (To Major Lockyer) of the crime for which Petitioner is at this time laboring under a Sentence --

That in addition to these circumstances, (which Petitioner has no doubt will have weight in Your Excellency's consideration,) he most respectfully begs to impress upon Your Excellency's attention that while in the employ of Captain McArthur, he received a most severe injury in one of his legs from the kicks of a Horse, and that after laying in the General Hospital Sydney for Eighteen Months he was at lenght [sic] discharged a cripple which together with his advanced age (56 years) totally incapacitates him from

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performing the work required from a Prisoner at Moreton Bay

That under these cirumstances Petitioner implores Your Excellency to take his case under your humane consideration, and grant him a pardon for the unexpired part of his sentence which upon enquiry Your Excellency will perceive to have been an undeserved and unjust one ==

Petitioner however trusts that should Your Excellency not feel disposed to grant his first prayer, that you may be pleased to order his removal to Port Macquarie and not to Moreton Bay.

And Petitioner as in duty

Bound will Ever Pray.

[signed] Martin Smith

Per Earl of St Vincent

[bottom of left margin]

Phoenix Hulk

31st March 1832

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[written on right of centre, in middle fold of page, turned lengthwise]

To His Excellency Major

General Bourke C.B. Governor

in Cheif [sic] of New South Wales

The Humble Petition of

Martin Smith Per

Ship Earl St. Vincent a

Prisoner of the Crown

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