Sidebilder
PDF
ePub

that the said W. P., J. E. &c. [as before] and the said other persons, (whose names to the jurors aforesaid are as yet unknown) then and there upon the high sea aforesaid, within the jurisdiction aforesaid, feloniously, wilfully, and of their malice aforethought, in manner and form aforesaid did kill and murder the said W. A. against the peace of our said lord the king, his crown and dignity.

in his

[ 755 ]

and in the second

the fact to a murder, by shooting with a pistol; where the murder was committed in one county, and the accessary procured in an

accessary before

other (a).

Middlesex, to wit (b). [The assault was stated jointly by Against a printhe principal in the first and in the second degree, as ante, 750.] cipal in the first And the aforesaid R. C. with a certain gun called a pistol, of degree, and an the value of five shillings, then and there charged with gunpowder and one leaden bullet, which gun the said R. C. right hand then and there had and held in and upon the aforesaid J. T. then and there feloniously, voluntarily, and of his malice aforethought, did shoot off and discharge, and the aforesaid R. C. with the leaden bullet aforesaid, from the gun aforesaid, then and there sent out, the aforesaid J. T. in and upon the left part of the breast of him the said J. T. then and there feloniously struck, giving to the said J. T. then and there with the leaden bullet as aforesaid, near the left pap of him the said J. T. one mortal wound of the breadth of half au inch and depth of five inches, of which mortal wound the aforesaid J.T. at, &c. aforesaid (c), instantly died; and that J. I. feloniously, and of his forethought malice, then and there was present, aiding, assisting, abetting, comforting, and maintaining the aforesaid R. C. to do and commit the felony and murder

or indifferently by any one of them; and if it appeared that any one had fired in the presence, and by the incitement of the others, the indictment would have been supported, 3 T. R. 105. 1 Leach, 359, n. (a). Fost. 351, 425. Hawk. b. 2. c. 23. s. 76. 2 Hale, 344. See also 3 Price, 145. 2 Marsh. 466, S. C. See the law as to principals in the second degree, at large, vol. i. 256 to

262.

(a) See form, 9 Co. 116. Burn, J. Accessary. This was the indictment against Lord

Sanchar and his agents, on
which he was convicted and
executed, see 9 Co. 117, where
see a full account of the pro-
ceedings. See the law of ac-
cessaries how to proceed against
them, ante, vol. i. 261 to 275.

(b) The venue, by 2 & 3 Ed. 6.
c. 24, when a party is acces-
sary in one county and the
guilt is perpetrated in another,
may be laid in either.

(c) Though the venue is laid where the accessary proceeds, &c. the murder must be laid in the true county, 3 Inst. 49.

[ocr errors]

a

aforesaid (a); and so the aforesaid R. C. 1. the aforesaid J. T. at, &c. aforesaid, in manner oresaid, feloniously, voluntarily, and of their foremalice, killed and murdered, against the peace, &c. But one R. C. late of, &c. esquire, not having the fear of God before his eyes, but being seduced by the instigation of tae devil, before the felony and murder aforesaid, by the aforesaid R. C. and J.T. in manner and form aforesaid done and committed, that is to say, on, &c. aforesaid, the aforesaid R.C. at the aforesaid parish of St. Margaret, in Westminster aforesaid, in the county of Middlesex aforesaid, to do and commit the felony and murder aforesaid, in manner and form aforesaid, · maliciously, feloniously (b), voluntarily, and of his forethought [ 756] malice, did stir up, move, abet, counsel, and procure (c), against the peace of our said lord the king, his crown and dignity.

For murder by

shooting against

other as being present, aiding and assisting (d).

[Commencement as ante, 750, to the *-charging the assault two, one as a prin- as made by both defendants.] And that the said J.T. a certain cipal in the first gun called a carbine, of the value of ten pounds, then and degree, and the there charged with gunpowder and a leaden bullet, which said he the said J.T. in both his hands then and there had and gun held at and against the said S. G., then and there feloniously, wilfully, and of his malice aforethought, did shoot off and discharge, and that the said J.T. with the leaden bullet aforesaid, by means of shooting off and discharging the said gun so loaded, to, at, and against the said S. G. as aforesaid, did then and there feloniously, wilfully, and of his malice aforethought, strike, penetrate, and wound the said S. G. in and upon the right side of the head of him the said S. G. near his right temple, giving to him the S. G. then and there with the leaden bullet aforesaid, by means of shooting off and discharging the said gun so loaded, to, at, and against the said S. G. and by

(a) See how to charge principals in the second degree last precedent, and ante, vol. i. 256 to 262.

(b) Ante, 737, 8. 751, n. (i). 3 Price, 145. 2 Marsh. 466.

(c) It seems advisable to follow the words of 4 & 5 Ph. & M. c. 4, which ousts accessaries before the fact of clergy, which are command, hire,

66

and maintain," but this is not absolutely requisite, Andr.

195.

(d) This was the indictment against Taylor and Shaw, on which the latter was convicted, but the former acquitted. The judges held the conviction valid, but Shaw received a pardon, 1 Leach, 360,

such striking, penetrating, and wounding the said S. G. as aforesaid, one mortal wound in and through the head of him the said S. G., of which said mortal wound the said S. G. did then and there instantly die; and that the said A. S. then and there feloniously (a), wilfully, and of his malice aforethought, was present, aiding, helping, abetting, comforting, assisting, and maintaining the said J. T. in the felony and murder aforesaid, in manner and form aforesaid to do and commit; and so, &c. [as ante, 751, stating that both defendants murdered, &c.]

INDICTMENTS FOR MURDER BY STABBING

AND CUTTING.

with a sword in

[ 757 ]

[Commencement as ante, 750, to the asterisk.] And that the Indictment at said P. H. with a certain drawn sword made of iron and steel, murder, by stabcommon law, for of the value of five shillings, which he the said P. H. in his bing the deceased right hand then and there had and held, him the said S. C. in the belly (6). and upon the left side of the belly of him the said S. C. then and there feloniously (c), wilfully, and of his malice aforethought, did strike, thrust, stab, and penetrate, giving unto the said S. C. then and there, with the sword drawn as aforesaid, in and upon the left side of the belly of him the said S. C. one mortal wound of the breadth of one inch, and the depth of nine inches (d); of which said mortal wound he the said S. C. at, &c. aforesaid, from the said, &c. until, &c. did languish, and languishing did live, on which said, &c. the said S. C. at, &c. aforesaid, of the said mortal wound did die; [Conclusion as ante, 751.]

4

and so, &c.

[Commencement as ante, 750, to the asterisk.] And that By stabbing with he the said A. S. with a certain knife of the value of sixpence, a knife (e).

(a) Ante, 737, 8, 751. 3Price, 145. 2 Marsh. 466.

(b) From 4 Blac. Com. Appendix, II. See similar precedents, 4 Harg. St. Tr. 513. 5 Id. 143. 6 Id. 195. 7. Id. 647. 9 Id. 14. 10 Id. 519. Co. Ent. 354, b. 355. And see next precedent, and the indictment under the statute of stabbing, post, 782, 788.

(c) As to this, see ante, 737, 738.

(d) As to the necessity of stating the length, &c. of the wound, see ante, 734. 752, n. (h). See a precedent without it, held good, 1 Ry. & Moody C. C. 97.

(e) From Cro. C. C. 8th ed.

273.

By cutting the throat; where the deceased was

taken to the London Hospital from the parish where the blow was given, and there died (b).

[ 758 ] By throwing a knife (c)

which he the said A. S. in his right hand then and there had and held, the said J. M. in and upon the left side of the belly, between the short ribs of him the said J. M. then and there feloniously, wilfully, and of his malice aforethought, did strike and thurst, giving to the said J. M. then and there with the knife aforesaid, in and upon the aforesaid left side of the belly, between the short ribs of him the said J. M. one mortal wound of the breadth of three inches and of the depth of six inches (a), of which said mortal wound he the said J. M. then and there instantly died; and so, &c. [as ante, 571, or if he languished, as ante, 753.]

[Commencement as ante, 750, to the asterisk.] And that the said A. B. with a certain case knife made of iron and steel, of the value of sixpence, which she the said A. B. then and there had and held in her right hand, the throat or gullet of him the said C. B. feloniously, wilfully, and of her malice forethought, did strike and cut; and that the said A. B. with the case knife aforesaid, by the striking and cutting aforesaid, did then and there give unto him the said C. B. in and upon the said throat or gullet of him the said C. B. one mortal wound of the length of three inches, and depth of one inch, of which said mortal wound he the said C. B. from the said, &c. to, &c. at, &c. aforesaid, and also at the parish of Saint Mary Matsellon otherwise Whitechapel, in the same county, to wit, in the London Hospital there situate, did languish, and languishing did live; on which said, &c. in the year aforesaid, he the said C. B. in the hospital aforesaid, at the parish of Saint Mary Matsellon otherwise Whitechapel, in the county aforesaid, of the mortal wound aforesaid did die; and so, &c. [as ante, 751.]

[Commencement as ante, 750, to the asterisk.] And that the said J. M. a certain large knife made of iron and steel, of the value of sixpence, which he the said J. M. then and there had and held in his right hand, at, and against him the said A.B. then and there feloniously, wilfully, and of malice aforethought, did cast and throw, and him the said A. B. with the knife aforesaid so cast and thrown as aforesaid, then and there feloniously, wilfully, and of malice aforethought, did strike and stab, and

(a) Supra, note (d).

(c) From Imp. Off. Coroner, (b) From Imp. Off. Cor. Appendix, 486, 3d ed. Appendix, 474, 3d ed.

that the said J. M. with the knife aforesaid, so cast and thrown as aforesaid, in and upon the left side of the body of him the said A. B. near the groin, then and there feloniously, wilfully, and of his malice aforethought, did strike and stab; and that the said J. M. with the knife aforesaid, so cast and thrown as aforesaid, did then and there, feloniously, wilfully, and of his malice aforethought, give unto him the said A. B. in and upon the said left side of the body of him the said A. B. near the groin, one mortal wound of the breadth of one inch and depth of two inches, of which said mortal wound he the said A. B. then and there instantly died; and so, &c. [as ante, 751.]

INDICTMENTS FOR MURDER BY VIOLENT
MEANS. BY STRIKING AND BEATING.

[Commencement as ante, 750, to the asterisk.] And that the By casting a said C. D. a certain stone (b) of no value, which he the said stone (a). C. D. in his right hand then and there had and held, in and upon the right side of the head, near the right temple of him the said A. B. then and there feloniously (c), wilfully and of his malice aforethought did cast and throw, and that the said C. D. with the stone aforesaid, so as aforesaid cast and thrown, the aforesaid A. B. in and upon the right side of the head near the right temple of him the said A. B. then and there feloniously, wilfully, and of his malice aforethought, did strike, penetrate, and wound; giving to the said A. B. by the casting and throwing of the stone aforesaid, in and upon the right side of the head near the right temple of him the said M. one mortal wound, of the length of one inch, and of the depth of one inch, of which said mortal wound the said A. B. did then and there instantly die. And so, &c. [as ante, 751.]

(a) See other precedents, Cro. C. C. 272. See precedents held good in 1 Ry. & Moody C. C. 5. 13 Price, 172; see the notes ante, 734. 750, 1. (b) Where the death is caused by casting several stones, so state it; but it is

not necessary to
state the
number of stones, 13 Price,
172, where see an indictment
against several for murdering
a party by casting stones.

(c) As to this word, see
ante, 737.

« ForrigeFortsett »