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* (Commencement as ante 750*. to the t.] And that the By shootsaid C. D. a certain pistol of the value of five shillings, (2) then pisi

ing with a and there charged with gunpowder and one leaden bullet, which the belly,

of wbich said pistol he the said C D. in his right hand then and there had the party and held, (y) then and there (z) feloniously, wilfully, and of his immedi.

a elydied malice aforethought, (a) did discharge and shoot off, to, against, (u)" and upon the said A. B.; and that the said C. D. with the leaden [*752] bullet aforesaid, out of the pistol aforesaid, then and there by the force of the gunpowder aforesaid, by the said C. D. discharged and shot off as aforesaid, then and there feloniously, wilfully, and of his malice aforethought, did strike, (6) penetrate, and wound the said A. B. in and upon the right side of the belly of him the said A. B. near the right hip (C) of him the said A. B. giving to him the said A. B. then and there with the leaden bullet aforesaid, so as aforesaid discharged and shot out of the pistol aforesaid, by force of the gunpowder aforesaid, by the said C. D. in and upon the right side of the belly of him the said A. B. near the said right hip of him the said A. B. one mortal wound (d) of the depth of four inches and of the breadth of half an inch, (e) of which said mortal

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(2) This precedent is from such an averment, 1 East, P.C. Hand. Prac. 421, and see 10 Harg. 341. ante 734*. Sc. Tr. 139. See a similar prece. (2) Time must here be stated dent charging the bullet as “pene. again, Dyer, 69. a 2 Hale, 180. trating the brain," Imp. Off. Cor. Hawk. B. 2. c. 23. s. 88. App. 476. 1 Leach, 360, and post. (a) See ante 737*. and 751'. 756. Shooting with a gun, 9 Harg. (6) The word "strike" should St. Tr. 315. i Leach, 360.388. post. always be inserted where the death Shooting with a pistol, 6 Harg. St. is caused by violence, Cro. Jac. Tr. 195. 10 Harg. St. Tr. 139. 635. 1 Bulstr. 105. 5 Co. 122. 2 For shooting a constable in execu- Hale, 184,6,7. tion of office like the above, only (c) As to the description of the adding after the word “assault,part where the wound or blow was " he the said G. L. then and there given, see ante 734", 5*. 2 Hale, being a constable of the said pa. 185. rish of, &c, and in the due execu- (d) This should be averred, 1 tion of his office,” which may be Leach, 96. Kel. 125. 2 Hale 186. omitted in a 2d count, 1 Leach, (e) The length and depth of the 515.

wound must be shown, in order that (1) This though usual does not it may appear adequate to the seem requisite, 2 Hale, 185. production of death, 5 Co. 121, 2.

(y) This is said to be essential, 2 Hale, 186. Hawk. B. 2. c. 23. s. 2 Hale, 185; but it has been ob 81. See exception to this rule ante served that there is no reason for 734", 5*. VOL. II.

3 S

pariy did

wound he the said A. B. then and there instantly died; (f) and

so, &c. [conclusion as ante 751*.] Another

der *[Commencement as ante 750* to +.] And that he the said C. D. by shoot- a certain pistol of the value of two shillings, then and there being ing with an

1.- * charged with gunpowder and a leaden bullet, which pistol he the where the said C. D. in his right hand then and there had and held at, hot die against, and upon him the said A. B. then and there feloniously, immedi wilfully, and of his malice aforethought, did discharge and shoot ately. (8) [*7531 off; and that he the said C. D. with the leaden bullet aforesaid,

by force of the gunpowder aforesaid, out of the said pistol by him the said C. D. so as aforesaid discharged and shot off, him the said A. B. in and upon the left side of the said A. B. a little under the lowest rib of the said A. B. then and there feloniously, wilfully, and of his malice aforethought, did strike and wound, giving to the said A. B. then and there with the leaden bullet aforesaid, out of the said pistol so as aforesaid discharged and shot off, in and upon the said left side, a little under the lowest rib of the said A. B. one mortal wound of the breadth of one inch and depth of four inches, of which said mortal wound the said A. B. on and from the said, &c. until, &c. at, &c. aforesaid, did languish, and languishing did live, on which said, &c. about the hour of nine o'clock in the morning, he the said A. B. at, &c. aforesaid,

of the mortal wound aforesaid, died. (h) And so, &c. [as ante,

751*.? Against Admiralty of England. (i)—The jurors for our lord the king several,

as upon their oath present, that W. P. late of, &c. J. E. late of, &c. principal H. V. late of, &c. G. C. late of, &c. (five others of the like addiin the first degree, tion], and divers other evil disposed persons (whose names to the

jurors aforesaid are as yet unknown) not having the fear of God

one as

(f) It must always be stated (h) This is the proper mode of that he died of the injury, 2 Hale, description when time intervenes 186. '1 Rol. Rep. 137, ante 736*. between the stroke and death, see and time must be stated to the death ante 736*, 7*. as well as the stroke which is here (0) As the venue must be laid sufficiently stated by the word “in- where the death happened, and not stantly," í East, P. C. 344. 2 Hale, where the cause of the death 186.

arose, the offenders were held to (5) This was the indictment be properly triable at the Admi. against the Earl of Ferrers, on ralty Sessions. 1 Leach, 388. As which he was convicted. 10 Harg. to the Jurisdiction of the Court of St. Tr. 480. where see the whole Admiralty. See 1 vol. 151 to 156. of the proceedings.

on,

'S as before their eyes, but being moved and seduced by the instigation

'aiders of the devil, on, &c. with force and arms, upon the high sea, within and abet. *the jurisdiction of the admiralty of England, about the distance to of half a mile from Christchurch harbour in the county of South- on shore a ampton, in and upon W. A. then and there being in the peace of me God and our said lord the king, feloniously, wilfully, and of their with the

x admiralty malice aforethought, did make an assault, and that the said w. iur

• jurisdic. P. a certain gun of the value of five shillings, then and there tion. (b) charged with gunpowder and one leaden bullet, which gun he 1*734] the said W. P in both his hands then and there had and held, then and there feloniously, wilfully, and of his malice aforethought, did shoot off and discharge to, against, and upon him the said W. A. and that the said W. P. with the leaden bullet aforesaid, out of the gun aforesaid, then and there by force of the gunpowder aforesaid, by the said W. P. shot, discharged, and sent forth as aforesaid, then and there feloniously, wilfully, and of his malice aforethought did strike, penetrate, and wound the said W. A. in and upon the right side of the belly of him the said W. A. giving to him the said W. A. then and there with the leaden bullet aforesaid, so as aforesaid by him the said W.P.shot, discharged, and sent forth out of the gun aforesaid, by force of the gunpowder aforesaid, in and upon the said right side of the belly of him the said W. A. one mortal wound of the depth of four inches, and of the breadth of half an inch, of which said mortal wound he the said W. A. from the said, &c. until, &c. upon the high sea aforesaid, within the jurisdiction aforesaid, did languish, and languishing did live, on which said, &c. upon the high sea aforesaid, within the jurisdiction aforesaid, he the said W. A. of the mortal wound aforesaid died; and that the said J. E., H. V., G. C. &c. [the names of the other five], and the said other persons (whose names to the jurors aforesaid are as yet unknown) at the time of committing the felony and murder aforesaid, then and there upon the high sea aforesaid, within the jurisdiction aforesaid, feloniously, wilfully, and of

(k) From Cro. C. C. 7th Ed. Shaw, 1 Leach, 360. post. 756. on 707. See the case reported, 1 which the person charged as abetLeach. 388. whence it appears one tor, was found guilty, and the of the prisoners was convicted and principal murderer acquitted, and executed. See another against the conviction was held valid. The principals, in 1st and 2nd degree, indictment charged the wound as indictment against Reason and “in and upon the right side of the Tranter, 6 Harg. St. Tr. 195. See head of the deceased near his right the Indictment against Taylor and temple.”

their malice aforethought, were present, aiding, helping, abetting, comforting, assisting, and maintaining the said W. P. to kill and murder the said W. A. in manner and form aforesaid : () and so the jurors aforesaid, upon their oath aforesaid, do say, 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 [*755] 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 dig

nity. Against a Middlesex, to wit. ( ) [The assault was stated jointly by the principal in the first principal in the first and in the second degree as ante 750*.] And and in the the aforesaid R. C. with a certain gun called a pistol, of the value second de gree, and of five shillings, then and there charged with gunpowder and one an acces leaden bullet, which gun the said R. C. in his right hand then and sary before the fact to there had and held in and upon the aforesaid J. T. then and there

der, feloniously, voluntarily, and of his malice aforethought, did shoot by shoot. on ing with a off and discharge, and the aforesaid R. C. with the leaden bullet where the

the aforesaid, from the gun aforesaid, then and there sent out, the murder aforesaid J. T. in and upon the left part of the breast of him the was com

in said J. T. then and there feloniously struck, giving to the said one coun. J. T. then and there with the leaden bullet as aforesaid, near the ty, and the

left pap of him the said J. T. one mortal wound of the breadth of procured half an inch and depth of five inches, of which mortal wound the in another.

* aforesaid J. T. at, &c. aforesaid, (f) instantly died ; and that J. I. feloniously and of his forethought malice, then and there was

mitted in

(1) These prisoners being prin- ment against Lord Sanchar and cipals in the first degree, the mor. his agents, on which he was contal stroke might have been laid as victed and executed, see 9 Co. given by them all, or indifferently 117. where see a full account of the by any one of them; and if it ap. proceedings. See the law of acpeared that any one had fired, in cessaries how to proceed against the presence, and by the incite them, 1 vol. 261" to 275*. ment of the others, the indictment (0) The venue by 2 and 3 Ed. wculd have been supported. 3 T. 6.c. 24. when a party is accessary R. 105. i Leach, 359, n. a. Fost. in one county and the guilt is per. 351, 425, Hawk. b. 2. c. 23. 5. 76. petrated in another, may be laid in 2 Hale, 544. See the Law as to either. principals in the second degree, at (0) Though the venue is laid large, 1 vol. 256* to 262*.

where the accessary proceeds, sc. (n) See form 9 Co. 116. Burn. the murder must be laid in the J. Accessary. This was the indict. true county. 3 Inst, 49.

present, aiding, assisting, abetting, comforting, and maintaining the aforesaid R. C. to do and commit the felony and murder afore. said, in form aforesaid; (9) and so the aforesaid R. C. and J. C. I. the aforesaid J. T. at, &c. aforesaid, in manner and form aforesaid, feloniously, voluntarily, and of their forethought malice, killed and murdered, against the peace, &c. And that one R. C. late of, &c. esquire, not having God before his eyes, but being seduced by the instigation of the 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. 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, malicously, feloniously, voluntarily, and of his forethought malice, did stir up, * move, abet, counsel, and procure, (r) against the [*756] peace of the said lord the king that now is, his crown and dignity. [Commencement as ante 750 .to the f-charging the assault as For mur.

der by made by both defendants.] And that the said J. T. a certain gun shooting called a carbine of the value of ten pounds, then and there charged against.

two as a with gunpowder and a leaden bullet, which said gum he the said principal J. T. in both his hands then and there had and held at and against

degree, the said S. G. then and there feloniously, wilfully, and of his ma- and the lice aforethought, did shoot off and discharge, and that the said of

the end other as

sal being preJ. T. with the leaden bullet aforesaid, by means of shooting off sent, aidand discharging the said gun so loaded, to, at, and against the sisting (0) 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 said 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 such striking, penetrating, and wounding the

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first

(9) See how to charge princi. this is not absolutely requisite. And. pals in 2nd degree last precedent. 195. and 1 vol. 256* to 262*.

(8) This was the indictment (T) It seems advisable to follow against Taylor and Shaw, on which the words of 4 and 5 Ph. and M. c. the latter was convicted, but the 4, which ousts accessaries before former acquitted. The judges held the fact of clergy, which are « com. the conviction valid, but Shaw remand, hire, and maintain," but ceived a pardon. 1 Leach, 360.

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