F. P. one mortal bruise; and that the said J. T. also 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 last aforesaid fixed and fastened about the neck and throat of her the said F. P. the neck and throat of her the said F. P. then and there did violently squeeze and press; as well of which said. striking and beating of her the said F. P. in and upon the right side of the head of her the said F. P. with the stick last aforesaid, as also of the squeezing and pressing of the neck and throat of her the said F. P. with both the hands of him the said J. T. as last aforesaid, she the said F. P. then and there instantly died. (Allege the aiding and abetting, and conclude as in the preceding count.) 22. Indictment for murder, by beating with fists and kicking on the ground, where no visible mortal wound can be discovered. Commence as in pr. 13. And that the said W. W. then and there feloniously, wilfully, and of his malice aforethought did strike, beat, and kick the said E. D. with his hands and feet in and upon the head, breast, back, belly, sides, and other parts of the body of him the said E. D. and did then and there feloniously, wilfully, and of his malice aforethought cast and throw the said E. D. down unto and upon the ground with great force and violence there, giving unto the said E. D. then and there, as well by the beating, striking, and kicking of him the said E. D. in manner and form aforesaid, as by the casting and throwing of him the said E. D. down as aforesaid, several mortal strokes, wounds, and bruises in and upon the head, breast, back, belly, sides, and other parts of the body of him the said E. D. of which said mortal strokes, wounds, and bruises he the said E. D. from, &c. until, &c. at, &c. did languish, and languishing did live; on which said day of in the year aforesaid, the said E. D. at, &c. of the several mortal strokes, wounds, and bruises aforesaid died. (Conclude as in prec. 13.) 23. Indictment against a defendant who is accessory in one county to a murder committed in another (1). Middlesex, to wit. (Assault, as in pr. 13, alleged to have been committed jointly.) The aforesaid Robert Carliel, with a certain gun, called a pistol, of the value of five shillings, then and there charged with gunpowder and one leaden bullet, which gun the said Robert Carliel, in his right hand then and there had and held in and upon the aforesaid John Turner, then and there feloniously, voluntarily, and of his malice aforethought, did shoot off and discharge, and the aforesaid Robert Carliel, with the leaden bullet aforesaid, from the gun aforesaid then and there sent out, the aforesaid John Turner in and upon the left part of the breast of him the said John Turner, then and there feloniously struck, giving to the said John Turner then and there, with a leaden bullet as aforesaid, near the left pap of him the said John Turner, one mortal wound, of the breadth of half an inch, and depth of five inches, of which mortal wound the aforesaid John Turner, at London (m) aforesaid, in the parish and ward aforesaid, instantly died; and that James Irweng, by and of his forethought ma (1) This was the indictment used against Lord Sanchar, upon which he was convicted and executed. See a full account of the proceedings upon that occasion, 9 Co. 117. It is observable, that though the indictment is founded upon the stat. 2 & 3 E. 6. c. 24. it does not conclude against the form of the statute, nor does this appear to be necessary, for though, before that statute, an accessory in one county to a murder in another, could not have been indicted in either, that was for want of the authority in the jurors to inquire; and the statute merely remedies the defect without making any alte ration either in the nature of the offence or in the measure of punishment, which remained as at common law. See p. 215. (m) It was deemed necessary in this indictment, which was framed upon the stat. 2 & 3 E. 6. c. 24. expressly to allege the perpetration of the murder in the true county, see p. 130. p. 7, 8. lice, then and there was (2) present, aiding, assisting, abetting, comforting, and maintaining the aforesaid Robert Carliel to do and commit the felony and murder aforesaid, in form aforesaid; and so the aforesaid Robert Carlie and James Irweng the aforesaid John Turner, at London aforesaid, in the parish and ward aforesaid, in manner and form aforesaid, feioniously, voluntarily, and of their forethought malice, killed and murdered, against the peace of our lord the now king, his crown and dignity; and that one Robert Creighton, late of the parish of St. Margaret, in Westminster, in the county of Middlesex (o), esq. not having the fear of God before his eyes, but being seduced by the instigation of the devil, before the felony and murder aforesaid, by the aforesaid Robert Carliel and James Irweng, in manner and form aforesaid done and committed,.that is to say, on the 10th day of May, in the 10th year of the reign of our Lord James, by the grace of God, &c. the aforesaid, Robert Carliel (p), at the aforesaid parish of St. Margaret, in Westminster, in the county of Middlesex aforesaid (9), to do and commit the felony and murder aforesaid, in manner and form aforesaid, maliciously, feloniously, voluntarily, and of his forethought malice, did stir up, move, abet, counsel, and procure, against the peace of our said lord theking, that now is, his crown and dignity. (n) As to the form of charging a defendant as an aider and abettor, see p. 81. (0) See the stat. p. 7. 131. (g) By stat. 4 & 5 Ph. & M. c. 4. all persons that shall maliciously command, hire, or counsel any person to commit petit treason, wilful murder, &c. every such offender being attainted, or who shall stand mute, &c. or challenge peremptorily above 20, &c. shall be excluded from the benefit of clergy. And it is proper to introduce the words of the statute into the indictment; yet an indictment has been holden sufficient which wholly dropt the words of the statute. See p.132. Lodowick Grevil's case, And. 195. and supra, p. 213. 24. Against a servant for petit treason and murder (r). That Henrietta Radbourne late of, &c. widow, late servant of Hannah Morgan, widow, her mistress, on, &c. with force and arms, at &c. in and upon the said Hannah, the mistress of the said Henrietta, feloniously, traitorously, and wilfully, and of her malice aforethought, did make an assault; and that the said Henrietta, with a certain stick, having a bayonet fixed at the end thereof, of the value of two shillings, which stick she the said Henrietta in both her hands then and there had and held, in and upon the top of the head of her the said Hannahı, did then and there feloniously, traitorously, wilfully, and of the malice aforethought of her the said Henrietta Radbourne, strike, cut, stab, and penetrate, giving to the said Hannah Morgan by such striking, cutting, stabbing, and penetrating of the said Haunah Morgan, with the bayonet so fixed at the end of the stick aforesaid, in and upon the top of the head of her the said Hannah Morgan, one mortal wound, of the length of one inch, and of the depth of half an inch, of which mortal wound the said Hannah Morgan, from the said 31st day of May, in the year aforesaid, until the 11th day of July, in the year aforesaid, in and at the parish aforesaid, in the county aforesaid, did languish, and languishing did live, on which said 11th day of July, in the year aforesaid, at the parish aforesaid, in the county aforesaid, she the said Hannah Morgan died: and so the jurors aforesaid, upon. their oath aforesaid, do say, that the said Henrietta Radbourne her the said Hannah Morgan, her said mistress, in manner and by the means aforesaid, feloniously, traitorously, wilfully, and of her malice aforethought, did kill and murder, against the peace of our said lord the king, his crown and dignity. (r) R. v. Radbourne, Leach, 512. pr. 12. See the observations on The verdict was entered thus, "guilty of the murder but not guilty of the treason;" and the judges held that the conviction of nurder upon an indictment so framed was proper, see p. 306, 307. 25. Against one for shooting the deceased, and against another as aiding and abetting (≈). (Commencemeni as in pr. 13, alleging a joint assault.) And that the said John Taylor a certain gun, called a carbine, of the value of ten pounds, then and there charged with gunpowder and a leaden bullet, which said gun he the said John Taylor in both his hands then and there had and held, at and against the said Samuel Gillham, then and there, feloniously, wilfully, and of his malice aforethought, did shoot off and discharge; and that the said John Taylor, with the leaden bullet aforesaid, by means of shooting off and discharging the said gun so loaded, to, at, and against the said Samuel Gillham as aforesaid, did then and there feloniously, wilfully, and of his malice aforethought, strike, penetrate, and wound the said Samuel Gillham in and upon the right side of the head of him the said Samuel Gillham, near his right temple, giving to him the said Samuel Gillham 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 Samuel Gillham; and by such striking, penetrating, and wounding the said Samuel Gillham as aforesaid, one mortal wound in and through the head of him the said Samuel Gillham, of which said mortal wound the said Samuel Gillham did then and there instantly die; and that the said Alexander Shaw then and there feloniously, wilfully, and of his malice aforethought, was present, aiding, helping, abetting, comforting, assisting, and main. taining the said John Taylor in the felony and murder aforesaid, in manner and form aforesaid, to do and commit, &c. &c. 26. For strangling with a handkerchief (a). (Comm. as in pr. 13 to *.) Being in a certain coach, (z) R. v. Taylor and Shaw, Leach, 398. The jury found Shaw guilty and acquitted Taylor; and a majority of the judges were of opinion, that the conviction was good, but the prisoner afterwards received a free pardon. See p. 76. (a) From the St. Tr. vol. 4. p. 484. R. v. Harrison, for the murder of Dr. Andrew Clenche. The prisoner was convicted and executed. |