Against his depu- the king, and also then and there being in extreme sickness and weakness of body, occasioned by a fever, and then and there confined to her bed in the dwelling house of him the said W. J. there situate, feloniously, wilfully and of his malice forethought, did make an assault and that the said W. J. her the said E. B. from and out of of the said bed and also out of the said dwelling house, into the public and open street there, did then and there violently, feloniously, wilfully and of his malice forethought, remove, force and drive, and there leave; he the said W. J. then and there well knowing the said E. B. to be then in extreme sickness and weakness of body occasioned by the fever aforesaid, by means whereof she the said E. B. through the cold and inclemency of the weather, and for want of due care and other necessaries requisite for a person in such sickness and weakness as aforesaid, then and there died; and so, &c. [as ante 751.] That J. H. from, &c. to, &c. next following, and long before and after was warden of the prison of the Fleet, &c. and that J. B. late of, &c. was during that time servant to J. H. and employed about the care of the prisoners, and that the murder by said J. B. being a person of a cruel nature and savage dispoconfining a prisoner sition towards the prisoners then being in the same prison, in an un- on, &c. made an assault upon one E. A. then being a prisonwhole- er in the same prison, under the custody of the said J. H. and him the said E. A. then and there with force and arms, &c. otherwise unlawfully, feloniously, wilfully and of his malice aforeOccasion- thought, and without the consent of the said E. A. took, and ing his him with force and arms to a certain room within the prison death by duress of aforesaid, then newly built, unlawfully, feloniously and of imprison- his malice aforethought, conveyed and led, and him the said ment. (z) E. A. with force and arms, &c. in the said room for a long some room, and time, to wit, for the space of six weeks then next following, unlawfully, feloniously and of his malice aforethought, impri[*772] soned and detained, and him the said E. A.* then and there with force and arms, &c. for all the time last mentioned in that room without fire, without covering and without any kind of utensil whatsoever, unlawfully, feloniously and of his malice aforethought, forced to remain and be; (the walls of the aforesaid room made of bricks and mortar at the aforesaid time of the imprisonment of the said E. A. in the same being very moist, and the room aforesaid being situate over the common sewer of the said prison, and near the place where the dirt and filth of the said prison, and the excrements of the said prisoners where then usually deposited, by reason whereof the room aforesaid then was very unwholesome and greatly dangerous (z) This was the indictment against Huggins and Barnes, 2 Ld. Raym. 1574. That this is murder, see Fost. 321, 2. 2 Stra. 856. ante 725. to the life of any person detained in the same.) And the jurors, &c. do further present, that the said J. B. and J. H. at the said time of the imprisonment of the said E. A. in that room, well knew that the said room had then been newly built, and that the walls of that room being made of bricks and mortar were then very moist, and that the said room was so situate as aforesaid; and that the said E. A. during the imprisonment and detaining of the said E. A. as aforesaid, in the said room, to wit, on, &c, by duress of the same imprisonment and detaining, became sick, and thereby from the same, &c. until, &c. in the room aforesaid languished, on which said, &c. the said E. A. by duress of the imprisonment and detaining aforesaid, in the room aforesaid, at, &c. aforesaid, died. And the jurors, &c. do further present, that the said J. H. being a person of cruel nature and savage disposition, and a grievous and inhuman oppressor of the prisoners in the same prison under his custody being, during the said imprisonment and detaining of the aforesaid E. A. in the room aforesaid, to wit, on the said, &c. and divers other days and times during that imprisonment and detaining, at, &c. aforesaid, feloniously, wilfully and of his malice aforethought, was present, aiding, abetting, comforting, assisting and maintaining the aforesaid J. B. feloniously, wilfully and of his malice aforethought, the said E. A. in manner aforesaid to kill and murder; and so, &c. [as ante 751. charging both with the murder.] INDICTMENTS FOR MURDER BY POISONING. woman for the mur That M. B. late of, &c. spinster, daughter of F. B. late of Against a the same place, gentleman, deceased, not having the fear of God before her eyes, but being moved and seduced by the der of her instigation of the devil, and of her malice aforethought, con- father, by triving and intending him the said F. B. her late father in his intermixing arsenlifetime to deprive of his life, and him feloniously to kill and ic with murder, on, &c. and on divers other days and times between tea and the said, &c. and, &c. with force and arms at, &c. aforesaid, water water grudid knowingly, wilfully, feloniously and of her malice afore (a) This was the indictment against Mary Blandy, on which she was convicted and executed. See her case with the indictment at large. 10 Harg. St. Tr. 1. The precedent may also be found in Starkie, 364. See the indictment against Weston for poisoning Sir Thomas which he drank at different times. (a) [773] thought, mix and mingle certain deadly poison, to wit, white arsenic, (b) in certain tea which had been at divers days and times during the time aforesaid prepared for the use of the said F. B. to be drank by him the said F. B. she the said M. B. then and there well knowing that the said tea with which she the said M. B. did so mix and mingle the said deadly poison as aforesaid, was then and there prepared for the use of the said F. B. with intent to be then and there administered to him for his drinking the same, and the said tea with which the said poison was so mixed as aforesaid, afterwards, to wit, on the said, &c. and on the said other days and times at, &c. aforesaid, was delivered to the said F. B. to be then and there drank by him, and the said F. B. (not knowing the said poison to have been mixed with the said tea) did afterwards, to wit, on the said, &c. and on the said divers other days and times there drink and swallow down into his body, several quantities of the poison so mixed as aforesaid with the said tea. And that the said M. B. might more speedily kill and murder the said F. B. she the said M. B. on the said &c. and on divers other days and times between the said, &c. and, &c. with force, and arms, at, &c. aforesaid, did knowingly, wilfully, feloniously and of her malice aforethought, mix and mingle certain deadly poison, to wit, white arsenic with certain water gruel, which had been made and prepared for the use of the said F. B. to be drank by him the said F. B. she the said M. B. then and there well knowing that the said water gruel with which the said poison was so mixed as aforesaid, was then and there prepared for the use of the said F. B. with intent to be then and there administered to him for his drinking of the same, and the said water gruel with which the said poison was so mixed as aforesaid, afterwards, to wit, on the said, &c. and on the said other days and times last aforesaid, at, &c. aforesaid, was delivered to the said F. B. to be then and there drank by him, and the said F. B. (not knowing the said poison to have been mixed with the said water gruel) did afterwards, to wit, on the said, &c. and on the day then next following, and on divers other days and times, afterwards and before the said, &c. there take, drink, and swallow down into his body several quanti[*774] ties of the said poison so mixed as aforesaid with the said water gruel, and the said F. B. of the poison aforesaid, and by the operation thereof, became (c) sick and greatly distempered in his body, of which said sickness and distemper of body occasioned by the said drinking, taking and swallowing down into the body of the said F. B. of the poison aforesaid so (b) The kind of poison is not material, see ante 734. (c) Quære, if time and place should not be alleged. mixed and mingled in the said tea and water gruel as aforesaid, he the said F. B. from the said several days and times on which he had so taken, drank and swallowed down the same as aforesaid, until the said, &c. at, &c. aforesaid, did languish, and languishing did live, on which said, &c. at, &c. aforesaid, he the said F. B. of the poison aforesaid so taken, drank and swallowed down as aforesaid, and of the said sickness and distemper thereby occasioned, did die: and so, [as ante 751.] poison to That J. J. late of, &c. not having, &c. but being moved For seand seduced, &c. and of his malice aforethought, wickedly cretly contriving and intending her the said M. S. with poison wil- conveying. fully, feloniously and of his malice aforethought, to kill the deand murder, on, &c. with force and arms, at, &c. felonious- ceased. ly, wilfully and of his malice aforethought, did privately and (d) secretly convey into and leave a great quantity of white arsenic, being a deadly poison, in the lodging room of her the said M. S. in the dwelling house of him the said J. J. there situate, and that the said J. J. contriving and intending as aforesaid, afterwards, to wit, on the same day and year aforesaid, the same white arsenic with a certain quantity of beer in the same room then and there being, then and there feloniously, wilfully and of his malice aforethought, did put, mix and mingle (he the said J. J. then and there well knowing the said white arsenic to be a deadly poison ;) and that the said M. S. afterwards, to wit, on, &c. at, &c. aforesaid, did take, drink and swallow down a great quantity of the said beer with which the said white arsenic was mixed and mingled by the said J. J. as aforesaid, (she the said M. S. then and there not knowing that there was any white arsenic or other poisonous or hurtful ingredient, mixed or mingled with the said beer as aforesaid ;) by means whereof she the said M. S. then and there became sick and distempered in her body; and the said M. S. of the poison aforesaid, so by her taken, drank and swallowed down as aforesaid, and of the sickness occasioned thereby from the said, &c.* until the twenty-eighth [*775] day of the same month, in the same year, in the parish aforesaid, in the county aforesaid, did languish, and languishing did live; on which said, &c. at, &c. aforesaid, she the said M. S. of the poison aforesaid, and of the sickness and distemper occasioned thereby, did die; and so, &c. [as ante 751.] IndictThat J. D. late of, &c. not having, &c. but being moved ment for and seduced, &c. feloniously, wilfully, and of his malice afore- murder, by plac (d) From Cro. C. C. 8th ed. 280. A man may be a principal by preparing and laying poison with intent that it may be taken, though it is actually taken in his absence. 3 Inst mistaken for medi cine, lay ing the of fence in two counts (e) ing poison thought, devising and intending T. B. to poison, kill and so as to be murder, on, &c. (f) with force and arms, at, &c. aforesaid, a certain quantity of arsenic, to wit, two drachms of arsenic (being a deadly poison,) feloniously, wilfully and of his malice aforethought, did put, infuse, mix and mingle in and together with water (he, the said J. D. then and there well knowing the said arsenic to be a deadly poison;) and that the said J. D. the said arsenic, so as aforesaid put, infused in, and mixed and mingled in and together with water, into a certain glass phial bottle of the value of one penny, did put and pour, and the said glass phial bottle with the said arsenic put, infused in, and mixed and mingled in and together with water as aforesaid, contained therein, then and there, to wit, on the same, &c. with force and arms, at, &c. aforesaid, feloniously, wilfully and of his malice aforethought, in the lodging room of the said T. B. did put and place, in the place and stead of a certain medicine then lately before prescribed and made up for the said T. B. and to be taken by the said T. B. he the said J. D. then and there feloniously, wilfully and of his malice aforethought, intending that the said T. B. should drink and swallow down into his body the said arsenic, put, infused, mixed and mingled in and together with water as aforesaid contained in the said glass phial bottle, by mistaking the same as and for the said medicine so prescribed and made up for the said T. B. and to be by him the said T. B. taken as aforesaid. And the jurors, &c. do further present, that the said T. B. not knowing the said arsenic put, infused in, and mixed together with water as aforesaid, contained in the said glass phial bottle so put and placed by the said J. D. in the lodging room of the said T. B. in the place and stead of the said medicine then lately before prescribed and made up for the said T. B. and to be taken by him the said T. B. in manner aforesaid, to be a deadly poison, but believing the same to be the true and real medicine then lately before pre[*776] scribed and* made up for and to be taken by him the said T. B. afterwards, to wit, on, &c. at, &c. aforesaid, the said arsenic so as aforesaid put, infused in, and mixed together with water by the said J. D. as aforesaid, contained in the said glass phial bottle, so put and placed by the said J. D. in the lodging room of him the said T. B. in the place and stead of the said medicine, then lately before prescribed and made up for the said T. B. he the said T. B. did take, drink and swal (e) From Cro. C. C. 282. Cro. C. A. 458. Starkie, 369. See notes to last precedent, and 1 vol. 257. (f) If the poison was administered more than once, it should be added, "and on divers other days and times, between the said as |