BOSWELL GOES INTO BAT FOR THE BOTANY BAY ESCAPEES
Tuesday, November 8th, 2016‘Boswell appeared for the defence, sometimes in well-nigh hopeless cases. He was never deterred, however, either by the poverty of his client, or by the weight of the evidence against him. On the contrary he seems to have been prone to espouse the causes of the more forlorn the more pertinaciously. C.H Currey, The Transportation Escape and Pardoning of Mary Bryant, Angus and Robertson, 1963.
1792 – July, Old Bailey London: In 1792 James Boswell, prominent diarist and lawyer, appeared for the defence in a most extraordinary case.
His clients five [5] convicts – Mary Bryant, William Allen, James Martin, Nathaniel Lilley and John Butcher known collectively as ‘the Botany Bay escapees’ .
Each was charged, in accordance with Act 4, Geo. I, c. 11 Transportation Act of 1717[18] with ‘return before expiry of sentence…being at large within the kingdom’. If proven ‘return before expiry’ attracted mandatory death.
1792 – 2 July, London: It is not clear how James Boswell came to defend Mary Bryant but as she stood in the dock of the Old Bailey, London’s central Criminal Court, it would be hard to imagine anyone ‘more forlorn’.
1786 – March, London: Six (6) years earlier – March 1786 – in the same court Mary Bryant, then Mary Braund (Broad) aged about 18 years stood charged with theft of a silk bonnet. Found guilty and sentenced to death she was reprieved and commuted for transportation ‘beyond the seas’. (more…)