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, 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.] Indict ment at common law, for murder by stab bing the deceased with a sword in INDICTMENTS FOR MURDER BY STABBING AND [Commencement as ante 750*, to the f.] And that the said P. H. with a certain drawn sword made of iron and steel, of * the value of five shillings, which he the said P. H. in his right hand then and there had and held, him the said S. C. in and upon the left side of the belly of him the said S. C. then and there feloniously, 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 [*757] of the belly of him the said S. C. one mortal wound of the breadth of one inch, and the depth of nine inches; 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; and so, &c. [conclusion as ante 751*.] the belly. (t) By stabbing with a knife. (u) [Commencement as ante 750*, to the t.] And that he the said A. S. with a certain knife of the value of sixpence, which he the said A. S. in his right hand then and there had and held, the said 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 thrust, giving to the (t) From 4 Blac. Com. Append. 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 the next precedent, and the indictment under the statute of stabbing, post. (u) From Cro. C. C. 8th Ed. 273, 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, of which said mortal wound he the said J. M. then and there instantly died; and so, &c. [as ante 751*. or if he languished, as ante 753*.] to the from the blow was [Commencement as ante 750*. to the †.] And that the said A. By cutting the B. with a certain case knife made of iron and steel, of the value throat; where the of sixpence, which she the said A. B. then and there had and held deceased in her right hand, the throat, or gullet of him the said C. B. felo- was taken niously, wilfully, and of her malice forethought, did strike and London cut; and that the said A. B. with the case knife aforesaid, by Hospital the striking and cutting aforesaid, did then and there give unto parish him the said C. B. in and upon the said throat or gullet of him where the the said C. B. one mortal wound of the length of three inches, given, and and depth of one inch, of which said mortal wound he the said there died. (w) 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 †.] And that the said By throwing a knife. J. M. a certain large knife made of iron and steel of the value of (x) sixpence, which he the said J. M. then and there had and held in [*758] 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 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 afore (w) From Imp. Off, Cor. Append. 474. 3rd Ed. (x) From Imp. Off. Coroner Appendix, 486. 3rd Ed. said, 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 casting [Commencement as ante 750*. to the †.] And that the said a stone.() C. D. a certain stone, of no value, which he the said 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, 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*.] (y) See other precedents. Cro. C. C. 272. der at the First with a * Admiralty of England, (a) to wit, The jurors, &c. That George For murHindmarsh, late of, &c. mariner, not having the fear of God be- admiralty fore his eyes, but being moved and seduced by the instigation of sessions. the devil, on, &c. with force and arms upon the high sea, within count, the jurisdiction of the admiralty of England, to wit, about the by striking distance of one league from Annamaboe on the coast of Africa, piece of in and upon one S. B. C. then and there being on board of a cer- wood. tain sloop, called the Eolus, and in the peace of God and our said count, by lord the king, feloniously, wilfully, and of his malice aforethought, overboard throwing did make an assault. † And that the said G. H. then and there and Second with force and arms, and with a certain large piece of wood of drowning. (2) the value of one penny, which he the said G. H. then and there [*759] had and held, in the right hand of him the said G. H. him the said S. B. C. in and upon the head of him the said S. B. C. feloniously, wilfully, and of his malice aforethought, did strike and beat, giving him the said S. B. C. by such striking and beating, &c. divers mortal bruises and contusions, in and upon the head, &c. of which said mortal bruises and contusions he the said S. B. C. did instantly die. And so, &c. (as ante 751*. to the Second end)-[as in first count to t] And that the said G. H. then and count. there, &c. with force and arms, feloniously, wilfully, and of his malice aforethought, did cast and throw the said S. B. C. from and out of the said sloop called the Eolus into the high seas there, by means of which said casting and throwing of him the said S. B. C. from and out of the said sloop into the high seas aforesaid, he the said S. B. C. in and with the waters thereof, upon the high seas aforesaid, within the jurisdiction of the admiralty of England aforesaid, then and there was suffocated and drowned, of which said suffocation and drowning he the said S. B. C. did then and there instantly die. And so, &c. [conclusion as in next precedent.] Admiralty of England,(6) The jurors, &c. that W. K. late of For murder by London, mariner, not having the fear of God before his eyes, but striking (z) This was the indictment against Hindmarsh, on which he was convicted. An objection was taken that as the body was not found, it would be contrary to the rule laid down by Lord Hale, to convict, as the party might be alive, but this was over-ruled, and on strong cirVOL. II. 3 cumstantial evidence the prisoner (a) See ante 753*. (b) See other precedents, Cro. C. C. 281. Supra and ante 753". T with a bucket, tried in the court of admi * being moved and seduced by the instigation of the devil, on, &c. with force and arms upon the high sea, near the coast of Malabar, in the East Indies, and within the jurisdiction of the Admiraity. ralty of England in and on board a certain ship, called the Ad[*760] venture galley, (whereof the said W. K. was then commander,) then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault in and upon one W. M. in the peace of God and our said sovereign lord the king, then and there being, and then and there being in and belonging to the ship aforesaid, called the Adventure galley, and that the aforesaid W. K. with a certain wooden bucket, bound with iron hoops, of the value of eight pence, which he the said W. K. then and there had and held in his right hand, did violently, feloniously, wilfully, and of his malice aforethought, beat and strike the aforesaid W. M. in and upon the right side of the head of him the said W. M. a little above the right ear of the said W. M. (he the said W. M. then and there being upon the high sea in the ship aforesaid, and within the jurisdiction of the admiralty of England as aforesaid,) giving to the said W. M. then and there with the bucket aforesaid, in and upon the aforesaid right part of the head of him the aforesaid W. M., a little above the right ear of him the said W. M. one mortal bruise, of which mortal bruise the aforesaid W. M. from the said, &c. until, &c. upon the high sea aforesaid, in the ship aforesaid, and within the jurisdiction of the admiralty of England aforesaid, did languish, and languishing did live, on which said, &c. he the said W. M. upon the high sea aforesaid, near the aforesaid coast of Malabar in the East Indies aforesaid, in the ship aforesaid, called the Adventure galley, and within the jurisdiction of the admiralty of England aforesaid, of the said mortal bruise did die; and so the jurors aforesaid, upon their oath aforesaid, do say that the aforesaid W. K., him the said W. M., upon the high sea aforesaid, in the ship aforesaid, and within the jurisdiction of the admiralty of England aforesaid in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought did kill and murder against the peace, &c. By striking [Commencement as ante 750*. to the t.] And that the said with a pair A. B. with a certain pair of bellows of the value of one shilling, of bellows. (c) (c) From Imp. Off. Coroner Appendix, 475. 3d Ed. |