said gun he the said J. T. in both his hands then and there had and held at and against the said S. G. then and there feloniously, wilfully, and of his malice aforethought, did shoot off and discharge, and that the said J. T. 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. 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 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.] common law, for ceased [Commencement as ante 750, to the asterisk.] And that Indictthe said P. H. with a certain drawn sword made of iron and ment at 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. stabbing C. then and there feloniously, wilfully, and of his malice the deaforethought, did strike, thrust, stab, and penetrate, giving with a unto the said S. C. then and there, with the sword drawn as sword in aforesaid, in and upon the left side of the belly of him the the belly. said S. C. one mortal wound of the breadth of one inch, and (4), the depth of nine inches; of which said mortal wound he the [*757] 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.] (t) From 4 Blac. Com. Append. ü. 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 By stab [Commencement as ante 750, to the asterisk.] And that bing with he the said A. S. with a certain knife of the value of sixa knife. (u) By cutting deceased to the London Hospital from the parish where the blow was, pence, which he the said A. S. in his right hand then and there had and held, the 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 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.] [Commencement as ante 750, to the asterisk.] And that the throat; the said A. B. with a certain case knife made of iron and where the steel, of the value of sixpence, which she the said A. B. then was taken and there had and held in her right hand, the throat or gullet of him the said C. B. feloniously, wilfully, and of her malice forethought, did strike and cut; and that the said A. B. with the case knife aforesaid, by the striking and cutting aforesaid, did then and there give unto him the said C. B. in and upon the said throat or gullet of him the said C. B. one mortal wound of the length of three inches, and depth of one inch, of which said mortal wound he the said 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 St. Mary Matsellon, otherwise Whitechapel, in the county aforesaid, of the mortal wound aforesaid did die; and so, &c. [as ante 751.] riven, and By throwing a [Commencement* as ante 750, to the asterisk.] And that the said J. M. a certain large knife made of iron and steel, of knife. (a) the value of sixpence, which he the said J. M. then and there [*758] had and held in 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 afore (u) From Cro. C. C. 8th Ed. 273. (w) From Imp. Off. Cor. Append. 474. 3rd Ed. (x) From Imp. Off. Coroner. Appendix, 486. 3rd. Ed. thought, did strike and stab; and that the said J. M. with the knife aforesaid, 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 a stone. [Commencement as ante 750. to the asterisk.] And that By casting the said C. D. a certain stone, of no value, which he the said (y) 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.] sessions. Admiralty of England, (a) to wit, the jurors &c. That For murGeorge Hindmarsh, late of, &c. mariner, not having the fear der at the of God before his eyes, but being moved and seduced by the admiralty instigation of the devil, on, &c. with force and arms upon the First high sea, within the jurisdiction of the admiralty of England, count, by to wit, about the distance of one league from Annamaboe on striking the coast of Africa, in and upon one S. B. C. then and there a piece of being on board of a certain sloop called the Eolus, and in the wood. Sepeace of God and our said lord the king, feloniously, wilfully, and of his malice aforethought, did make an assault.* And count, by (y) See other precedents. Cro. C. C. 272. (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 with a throwing overboard the party might be alive, but this was and to his sentence. 2 Leach 569. and (a) See ante 753. Second count. For murder by striking with a bucket, court of admiralty. that the said G. H. then and there with force and arms, and with a certain large piece of wood of the value of one penny, which he the said G. H. then and there 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 end)-[as in first count to*] And that the said G. H. then and 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, (b) The jurors, &c. that W. K. late of London, mariner, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on, &c. with force and arms upon the high sea, near tried in the the coast of Malabar, in the East Indies, and within the jurisdiction of the admiralty of England, in and on board a cer[*760] tain ship, called the Adventure* 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 (b) See other precedents, Cro. C. C. 281. Supra and ante 753. 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. [Commencement as ante 750. to the asterisk.] And that By strikthe said A. B. with a certain pair of bellows of the value of ing with a a pair of one shilling, which he the said A. B. then and there had and bellows. held in both his hands, him the said C. D. in and upon the (c) right side of the head near the right temple of him the said C. D., then and there feloniously, wilfully and of his malice aforethought, did hit and strike. And that the said A. B. did then and there give unto him the said C. D., by such striking at him with the bellows aforesaid, one mortal bruise in and upon the said right side of the head near the right temple of him the said C. D. of the length of four inches, and of the depth of two inches, of which said mortal bruise he the [*761] said C. D. then and there instantly died. And so, &c. (as ante 751.) [Commencement as ante 750. to the asterisk, stating that Against both the defendants made the assault.] And that the said the princiM. K. with a certain iron poker of the value of sixpence, first and pals in which he the said M. K. in his right hand then and there second had and held, the said J. B. in and upon the hinder part of degree for the head of him the said J. B. then and there feloniously, wil- murder by fully, and of his malice aforethought, did strike, giving unto with a striking him the said J. B. then and there with the said iron poker by poker. (d) the stroke aforesaid, in manner aforesaid, in and upon the hinder part of the head of him the said J. B. one mortal wound of the length of two inches, and of the depth of half an inch, of which said mortal wound he the said J. B. on the said, &c. did languish, and languishing did live, on which same, &c. he the said J. B. at, &c. aforesaid, of the mortal (c) From Imp. Off. Coroner Appendix, 475. 3rd. Ed. (d) See other precedents, Cro. C. A. 508. Cro. C. C. 278. Imp. Off. Cor. Append. 475. 3rd Ed. where it is said, "divers mortal wounds and bruises," without specifying |