deadly poison), feloniously, wilfully, and of his malice aforethought, did put, infuse in, and mix 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 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 together with water as aforesaid contained therein, then and there, to wit, on the same twenty-ninth day of August, in the twentieth year of the reign of our said lord the king, with force and arms, at the parish aforesaid, in the said county of Warwick, feloniously, wilfully, and of his malice aforethought, in the lodging-room of the said Sir 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 Sir T. B. and to be taken by the said Sir T. B. he the said J. D. then and there feloniously, wilfully, and of his malice aforethought, intending that the said Sir T. B. should drink and swallow down into his body the said arsenic, put, infused in, and mixed 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 Sir T. B. and to be by him the said Sir T. B. taken as aforesaid; and the jurors aforesaid upon their oath aforesaid, do further present, that the said Sir 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 Sir T. B. in the place and stead of the said medicine then lately before prescribed and made up for the said Sir T. B. and to be taken by him the said Sir T. B. in manner aforesaid, to be a deadly poison, but believing the same to be the true and real medicine then lately before prescribed and made up for, and to be taken by him the said Sir T. B. afterwards, to wit, on the thirtieth day of August, in the year aforesaid, at the parish aforesaid, in the county 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 Sir T. B. in the place and stead of the said medicine then lately before prescribed and made up for the said Sir T. B. he the said Sir T. B. did take, drink, and swallow down into his body; by means of which said taking, drinking, and swallowing down into the body of him the said Sir T. B. of the said arsenic, so as aforesaid put, infused in, and mixed together with water by the said J. D. as aforesaid, he the said Sir T. B. then and there became sick and distempered in his body, of which said sickness. and distemper of body, occasioned by the said taking, drinking, and swallowing down into the body of him the said Sir T. B. of the said arsenic, so as aforesaid put, infused in, and mixed together with water by the said J. D. as aforesaid, he the said Sir T. B. on the said thirtieth day of August, in the year aforesaid, at the parish aforesaid, in the county aforesaid, did die: and so the jurors aforesaid, &c. (Conclude as in pr. 15.) That the said J. D. feloniously, wilfully, and of his malice aforethought, devising and intending to poison, kill, and murder the said Sir T. B. with a certain poison, called arsenic, on, &c. with force and arms, at, &c. knowing the said poison, called arsenic, to be a deadly poison, feloniously, wilfully, and of his malice aforethought, did mix and mingle the said poison, called arsenic, in water; and that the said J. D. feloniously, wilfully, and of his malice aforethought, did put and pour the said poison, called arsenic, so as aforesaid mixed and mingled in water, into a certain glass phial, and the said glass phial with the said poison, called arsenic, so mixed and mingled in water as aforesaid, contained therein, then and there, to wit, on, &c. at, &c. feloniously, wilfully, and of his malice aforethought, did put and place in the lodgingroom of the said Sir T. B. in the dwelling-house of (d) dame Anna Maria B. widow, there situate, with intention that the said Sir T. B. should take, drink, and swallow down into his body the said poison, called arsenic, so mixed and mingled in water as aforesaid, and contained in the said glass phial: and the jurors aforesaid, upon their oath aforesaid, do further present, that the said Sir T. B. not knowing the said poison, called arsenic, so mixed and mingled in water as aforesaid, and contained in the said glass phial, to be deadly poison, afterwards, to wit, on the said thirtieth day of August, in the twentieth year aforesaid, at the parish aforesaid, in (d) This allegation of ownership does not appear to be material. BBQ the county aforesaid, did take, drink, and swallow down into his body the said poison, called arsenic, so mixed and mingled in water as aforesaid, and contained in the said glass phial; by means of which said taking, drinking, and swallowing down into the body of him the said Sir T. B. of the said poison, called arsenic, so as aforesaid mixed and mingled in water by the said J. D. as aforesaid, he the said Sir T. B. then and there became sick and distempered in his body; of which said sickness and distemper of body, occasioned by the said taking, drinking, and swallowing down into the body of him the said Sir T. B. of the said poison called arsenic, so as aforesaid mixed and mingled in water as aforesaid, by the said J. D. as aforesaid, he the said Sir T. B. afterwards, to wit, on the said thirtieth day of August, in the twentieth year aforesaid, at the parish aforesaid, in the county aforesaid, did die. (Conclude as before, pr. 15.) 19. Indictment against a man for confining and starving his wife to death. That J. W. late of, &c. cordwainer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and of his malice aforethought contriving and intending Ann, his wife, feloniously, wilfully, and of his malice aforethought to starve, kill, and murder, on, &c. with force and arms, at, &c. in and upon the said Ann, feloniously, wilfully, and of his malice aforethought, did make an assault, and her the said Ann, in a certain closet in a certain lodging-room, part and parcel of a certain messuage or dwelling-house there situate, feloniously, wilfully, and of his malice aforethought, on, &c. and continually from thence until, &c. did confine and imprison; and continually from, &c. until, &c. feloniously, wilfully, and of his malice aforethought did neglect and refuse to give and administer, or permit to be given and administered, to her the said Ann, being so confined and imprisoned as aforesaid, sufficient meat, drink, victuals, and other necessaries, proper and requisite for the sustenance, support, and maintenance of her body; by means of which said confinement and imprisonment, and also for want of such sufficient meat, drink, victuals, and other necessaries as were proper and requisite for the sustenance, support, and maintenance of the body of her the said Ann, she the said Ann, from, &c. until, &c. in the said closet, at the parish aforesaid, in the county aforesaid, did linger and pine, and became greatly emaciated and consumed in her body, and during all that time did languish, and languishing did live; on which said day of -, in the year aforesaid, she the said Ann, at the parish aforesaid, in the county aforesaid, of such continement and imprisonment, and for want of such sufficient meat, drink, victuals, and other necessaries, as were proper and requisite for the sustenance, support, and maintenance of her body, did miserably perish and die: and so the jurors, &c. (Conclude as in pr. 13.) 20. Against a woman for drowning her own child in a pond. Commence as in pr. 13, to the*. In and upon one M. H. the daughter of her the said C. H. (she the said M. H. then and there being an infant of tender years, to wit, about the age of two years, and in the peace of God and our said lord the king,) feloniously, wilfully, and of her malice aforethought did make an assault; and that the said C. H. then and there feloniously, wilfully, and of her malice aforethought did take the said M. H. into both hands of her the said C. H. and did then and there feloniously, wilfully, and of her malice aforethought, cast, throw, and push the said M. H. into a certain pond, there situate, wherein there then was a great quantity of water; by means of which said casting, throwing, and pushing of the said M. H. into the pond aforesaid, by the said C. H. in form aforesaid, she the said M. H. in the pond aforesaid, with the water aforesaid, was then and there choaked, suffocated, and drowned; of which said choaking, suffocating, and drowning she the said M. H. then and there instantly died and so the jurors, &c. (Conclude as in pr. 13.) : 21. Indictment for murder, as well by striking with a stick, as by choaking, squeezing, and pressing, &c. (Commencement as in pr. 13, stating a joint assault.) and that he the said J. T. with a certain large stick, of no value, which he the said J. T. in his right hand then and there had and held, her the said F. P. in and upon the head of her the said F. P. then and there feloniously, wilfully, and of his malice aforethought, divers times did strike and beat, giving to her the said F. P. by the striking and beating of her the said F. P. with the stick aforesaid, in and upon the right side of the head of her the said F. P. one (e) mortal bruise, of which said mortal bruise she the said F. P. then and there instantly died; and that the said J. M. at the time of committing the felony and murder aforesaid, by the said J. T. in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, was (f) present, aiding, helping, abetting, assisting, comforting, and maintaining the said J. T. the felony and murder aforesaid, in manner and form aforesaid, to do, commit, and perpetrate and so the jurors aforesaid (g), upon their oath aforesaid, do say, that the said J. T. and J. M. her the said F. P. then and there, in manner and form* aforesaid, felonionsly, wilfully, and of their malice aforethought did kill and murder, against the peace, &c. (Second count.) In and upon the said F. P. feloniously, wilfully, and of their malice aforethought did make an assault; and that the said J. T. both his hands about the neck and throat of her the said F. P. then and there feloniously, wilfully, and of his malice aforethought did fix and fasten; and that he the said J. T. with both his hands so as aforesaid fixed and fastened about the neck and throat of the said F. P. her the said F. P. then and there feloniously, wilfully, and of his malice aforethought did choak and strangle, of which said choaking and strangling she the said F. P. then and there instantly died; and that (allege the aiding and abetting, and conclude as before, inserting the word last at each of the two asterisks.) (Third count.) In and upon the said F. P. feloniously, wilfully, and of their malice aforethought did make an assault; and that he the said J. T. with a certain large stick, of no value, which he the said J. T. in his right hand then and there had and held, her the said F. P. then and there feloniously, wilfully, and of his malice aforethought, divers times did strike and beat, giving to her the said F. P. then and there, by striking and beating of her as last aforesaid, with the stick last aforesaid, in and upon the right side of the head of her the said (e) Essential, see p. 87. against aiders and abettors, see p. 81. (g) See p. 82. |