[*844] ly, wickedly, and feloniously did send a certain letter in writing, delivering the letter. It has, therefore, been holden, that if a wife write a threatening letter and her husband deliver it, but there be no evidence that she gave it to him, he cannot be guilty in carrying or she in writing under these statutes; though the jury are at liberty to infer the fact of her sending from the evidence before them, in which case she might be found guilty, though her husband must be acquitted. 1 Leach 444. Whether a person dropping an anonymous letter in a place where it will be found by the person to whom it is addressed is guilty of sending seems still uncertain. 2 East P. C. 1. 123. Under the Black Act, a letter signed with initials only is a letter without a name within its meaning. 1 Leach 749. A bank note comes within the expression "valuable thing," though it could not have been so denominated when the act was passed, but was made so by subsequent provision, id. ibid. And a letter threatening to impute the crime of murder to a man unless he disposes of property in a certain way is a sufficient demand to sup. port the proceedings, id. ibid. As to what under the 27 Geo. II. c. 15. will amount to a threat to kill or burn houses, &c. it has been ruled that a letter accusing the prosecutor of the murder of one of the defendant's friends and threatening to revenge his death is sufficient evidence to be left to the jury to determine whether a threat to murder was implied, 1 Leach, 142. But a letter threatening to set fire to the mill of the party to whom it is addressed, and to do him all possible mischief in his farms, when he is not the proprietor of any mill, will not be within the statute, for the general denunciation of mischief will not suffice, 2 East P. C. 1115. And, under both these acts, it has been holden that although no name besub scribed to a threatening letter, if the writer makes himself known in the body of it, or his hand writing is known to the prosecutor, he cannot be indicted under these statutes, for as there is no disguise, though included in the words, he is not within their spirit, 1 Leach, 445. in notis, 2 East P. C. 1116. The Indictment must not only pursue the words of the statute, but must set forth the letter itself on which the prosecution is founded. 1 East P. C. 1122. And the defendant's intent must be correctly stated. 2 East P. C. 1124. An exact copy of the instrument must be set forth in words and figures to enable the court to judge whether it comes within the meaning of the legislature, 2 East P. C. 975, 6. 1 Marsh 522. 6 East 418. The mode in which written instruments must be set forth will be found discussed in 1 vol. 234, 5. and among the requisites of indictments for libel and forgery. The venue under 9 Geo. I. c. 22. s. 14. may be laid in any county in England, at the option of the party indicting; but the 27 Geo. II. c. 13. contains no such provision. Under this act the venue is well laid in the county where the letter is received by the prosecutor, though by the hands of an innocent person, or by the post, 1 Leach 143. 2 East P. C. 1125. And it should seem, by analogy to the case of letters to provoke challenges, that the trial might well be had in the county where the letter was written in which it was sent, though received in another, 2 Campb. 506. Evidence of prior and subsequent letters between the prisoner and the party threatened may be received to explain the intention of that on which the indictment is framed, 2 Leach 749. Proof that the defendant delivered the letter to another by whom it was put into the post-office is sufficient evi, (9) signed with a fictitious name, that is to say, with the name of *P. C. [or “without any name subscribed thereto,” (r) according to [*845] the fact,] directed to D. H., J. M., and B. T., by the names and descriptions of Messrs. H. M. and T. London, demanding money, (s) and which said letter is of the tenor following, that is to say, (t). Manchester, March 31, 1812. "Mr. H. if you are not acquainted of your partner J. M.'s transactions in M. I will inform you; upwards of nine years since he wanted to get J. M. a school-master out of his house, that he might build his warehouse, which has lately been burnt, but could not remove him as soon as he wanted; the following plan he pursued; about eleven years since my brother left Ireland and came to England, got into bad company, spent all his money, he and his companions took bad ways; my brother wanting money was prevailed on to set J. M.'s house on fire, which he did for the reward of twenty guineas: about nine years since my brother came home and soon after fell ill, he desired we would send for our priest and another person to take down in writing his confession; he then in the presence of my father, myself, and brothers confessed that he was hired to set the place on fire, the day before he tore the lock off the school door, but was surprised when he came in the night to find the door fast, but he got an iron crow and forced the door open, he then went in, pulled the door after him, and then completed his infernal work; that being done, the next thing was to transport my brother to Ireland, accordingly a person was appointed, he went with him to Liverpool, and then saw him sail for Ireland in the packet; my brother, after this confession, received the Eucharist, and in less than forty-eight hours died; this, Sir, is his confession on oath, and dence to go to a jury who are to determine whether he was acquainted with its contents, 1 Leach 142. (g) In Cro. C. C. 84. the date is stated thus, "bearing date the said, &c." (r) In Cro. C. C. 84. "without any name subscribed and signed thereto." (s) See ante 843. In Cro. C. C. 84, are here inserted, "to wit, three pieces of gold coin of this realm called guineas." (t) The letter must be set forth ante 843. n. p. In Cro. C. C. 84. the form is "and which said letter is as follows, that is to say, Scc." after his death we have all bound ourselves to be revenged, and have sought and completed our revenge as you now find, by the same place, in a heap of rubbish ; after this was completed I went back to Ireland to acquaint my father and brother what was done; we have again a second time mutually sworn to each other, never to cease until you have made J. M.'s loss good in a double fold; if you choose to do this immediately we will forbear, if not, evil will be always at your peace. P. C." [*846] *Against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown and dignity. [Second count describing the letter as demanding a certain valuable thing, that is to say, double the loss sustained by the said J. M. by a fire in the same letter mentioned and referred to, and which said last mentioned letter is of the tenor following, that is to say, Sc. Third count, double the loss by the same letter pretended to have been sustained, &c.] For a misdemea. nour, for sending a letter threaten ing to charge a INDICTMENTS FOR THREATENING LETTERS. That A. B. late of, &c. on, &c. at, &c. did knowingly send to one J. W. a certain letter, with the name of him the said A. B. (u) See other precedents, Starkie 564. Offence. The 30 Geo. II. c. 24. s. 1. enacts that all persons who shall knowingly send, or deliver any letter or writing, with or without a name or names subscribed thereto, or signed with a fictitious name or names, letter or letters, threatening to accuse any person of any crime punishable by law with death, transportation, pillory or any other infamous punishment, with a view or intent to extort or gain money, goods, wares, or merchandizes, from the person or persons so threatened to be accused, shall be deemed of fenders against the law and public peace, and the court before whom such offender or offenders shall be tried, shall, in case he, she, or they, be convicted of any of the said offences, order such offender or offenders to be fined and imprisoned, or to be put in the pillory or publickly whipped, or to be transported as soon as they conveniently may be, (according to the laws made for the transportation of felons) to some of his majesty's colonies, &c. for the term of seven years as the court shall think fit to order. This statute does not repeal the clause in the Black Act respecting threatening letters, because that provision applies only where an actual demand * subscribed thereto, directed to Mr. J. W. threatening to accuse [*847] the said J. W. of having maliciously hired and procured a man wilfully to burn the dwelling house of him the said A. B. being a crime punishable by law with death, with the view and intent to extort and gain money from the said J. W. being the person so threatened to be accused, and which said letter is of the tenor following, that is to say, Salford, August 29, 1803. "Sir,―The purport of this letter is to inform you, that last Saturday evening I was informed that you and J. M. hired a man to set the house on fire where I lived in Church Street, which was done by your and J. M.'s order; now, Sir, if you and J. M. do not come and give me ample satisfaction, your malicious actions shall be made known to the whole town. A. B." Against the form of the statute, &c. and against the peace, &c. [Second count charged the defendant with sending a letter threatening to accuse the said J. W. of having hired a man to set fire to the house of him the said A. B. being a crime punishable by law with pillory.] is made; but this includes letters which though the design is to extort money, do not, in words, demand it, 2 Leach, 767. It differs also from both that statute and 27 Geo. II. c. 15. in applying to letters not only anonymous or signed with fictitious names, but "with or without a name," and, therefore, it may include menacing letters authenticated with the writer's signature. While the former provisions specify that the writing must be a letter, the last uses the word writing in general, and as they apply to sending only, this applies also to the party who knowingly delivers. The Black Act requires an actual demand; the 27 Geo. II. applies to general accusations, where there is no design to procure money or goods, but a malicious intent to terrify; and the 30 Geo. II. takes a middle course, and reaches those cases only where there is no actual demand, but an intent "to extort or gain money, goods, wares, or cutor with ney, on 30 For send. That C. D. &c. &c. being a wicked and evil disposed person, ing a letter charging and not minding to gain his livelihood by honest labour, but going the prose about and contriving to defraud the subjects of our said lord the sodomy to king of their monies, to support his profligate way of life, after extort mo- the twenty-ninth of September, 1757, to wit, on, &c. with force Geo. II. c. and arms, at, &c. knowingly and unlawfully did send a certain 24. (v) letter, with the name of E. I. subscribed thereto, and directed to one A. B. by the name, &c. of, &c. threatening to accuse the said A. B. of the crime of sodomy, which said letter was and is in the words and figures following, [copy the letter] with a view and intent to extort and gain money from the said A. B., to the great [*848] *damage, &c. to the evil example, &c. against the peace, &c. and against the form of the statute, &c. [Second count, omitting the direction of the letter, and stating the letter to have threatened to accuse the said A. B. of sodomitical practices, leaving out the recital in hæc verba. Note. There was another indictment against the person who delivered the letter, charging him with delivering, instead of sending it.] Informa INDICTMENTS, &c. FOR CHALLENGES. [Commencement of information as ante 7. Lon. Ed.] That C. H. crown of late of, &c. being an evil disposed person, and a disturber of the tion in the fice for sending a written challenge. (w) (v) From the MS. of a gentle man at the bar. (w) This precedent was settled in A.D. 1809, by a very eminent crown lawyer now on the bench. An information will lie, 1 Burr. 402. and the original letters need not be produced, but attested copies will suffice, id. ibid. ante 1 vol. 858*. We have seen that if death ensue in a deliberate duel, the party killing will be guilty of murder; ante 728*. and 3 East, Rep. 581. and perhaps when an ineffectual exchange of shots takes place, both will be guilty under Lord Ellenborough's act, of malicious shooting, and the seconds as principals in the second degree; though this has been no where decidea. As it is settled that the attempt or incitement to commit felony is, in itself, a misdemeanour, the sending a challenge to fight, the giving language which tends to the same end, or the acts of posting and opprobrious expressions, which have the same natural tendency, are indictable as misdemeanours at common law, 6 East 464. 3 Inst. 157, 8. Com. Dig. Battel. B. For Lord Coke observes, "if any subject challenge another to fight, this is also an offence before any combat be performed, and punishable by law, for quando aliquid prohibetur et omne per quod devenitur et istud.” 3 Inst. 158. And, therefore, he who carries a challenge, knowing what it is, is guilty also of a misdemeanour, for which he may be |