Third count, stating that all the parties shot at the prosecutor in a dwelling -house. [*793] laws and statutes of this realm, nor fearing the pains and penalties therein contained, after the first day of June, in the year of our Lord, seventeen hundred and twenty-three, to wit, on, &c. with force and arms, at, &c. in and upon one J. P. esquire, in the peace of God and our said lord the king, in a certain dwelling house there situate, then and there being, unlawfully, wilfully, maliciously and feloniously, did make an assault, and that the said J. S. with force and arms, at, &c. aforesaid, with a certain gun which he the said J. S. in both his hands then and there had and held, and which said gun was then and there loaded with gunpowder and divers leaden bullets, to wit, three leaden bullets, did then and there, in the said dwelling house, feloniously, wilfully and maliciously, shoot at the said J. P., he the said J. P. then and there being in the said dwelling house, and that the said W. G. and J. L. at the time of the felony aforesaid, by him the said J. S. in form aforesaid, done and committed, were then and there present, aiding, abetting, assisting, comforting and maintaining the said J. S., the felony aforesaid, in manner and form aforesaid, to do, commit and perpetrate, against the form of the statute, &c. and against the peace, &c. [Second count like the first only* leaving out the words," in the dwelling house," &c. and stating an assault in the parish at large.] And the jurors afore law; but this doctrine is ably ques- Indictment. The indictment must Leach, 352.; but where the name is stated, and it cannot be proved who is the owner, or what his real name is, no objection can be taken 1 Leach, 352. in notes. Where several are indicted and it is uncertain which of them shot, it is best to charge the shooting by one of them, and that the others abetted him in the felony, for though it is said that it may be charged as the act of all yet it is necessary to state that the party held the gun in his hands and to aver that several did so at once appears absurd. And, as in case of murder, it would probably be holden that it is immaterial whether the proof accords with the allegation as to the individual firing; for all that are present are equally guilty. The venue may be laid in any county of England at the prosecutor's discretion; but this liberty must not be abused to purposes of injustice, 9 Geo. I. c. 22. s. 14. 1. Bla. Rep. 415. ante 1 vol. 184. The punishment is death without benefit of clergy. But no attainder works corruption of blood, forfeiture or loss of dower. gun, that J. S. shot at the prosecu said, upon their oath aforesaid, do further present, that the said J. S., W. G. and J. L. on the said, &c. with force and arms, at, &c. aforesaid, with a certain other gun loaded with gunpowder and divers leaden bullets, to wit, three leaden bullets, feloniously, wilfully and maliciously did shoot at the said J. P. he the said J. P. then and there being in the peace of God, and our said lord the king, and also then and there being in a certain dwelling house, situate in, &c. aforesaid, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present, that the said J. Fourth S. being an ill-designing person, of a wicked and malicious count, disposition, and not regarding the laws and statutes of this stating realm, nor fearing the pains and penalties therein contained after the first day of June, in the year of our Lord one thousand seven hundred and twenty-three, to wit, on the said, tor in a &c. with force and arms, at, &c. with a certain other dwelling house, and loaded with gunpowder and divers leaden bullets, to wit, that the three leaden bullets, which said gun he the said J. S. in both two others his hands then and there had and held, feloniously, wilfully aided, &c. and maliciously, did shoot at the said J. P. he the said J. P. then and there being in the peace of God, and our said lord the king, and also then and there being in a certain dwelling house, situate in, &c. aforesaid, against the form of the statute, &c. and against the peace, &c. And that the said W. G. and J. L. being also ill-designing persons, and of wicked and malicous dispositions at the time the said felony last mentioned was committed by the said J. S. in manner and form aforesaid, to wit, on the said, &c. with force and arms, at, &c. aforesaid, unlawfully, wilfully, maliciously and feloniously were present, aiding, abetting, helping, comforting, assisting and maintaining the said J. S. the felony last aforesaid, in manner and form aforesaid, to do and commit. And so the jurors, &c. do say, that the said J. S., W. G. and J. L. on the said, &c. at, &c. aforesaid, with force and arms, the felony last aforesaid, in manner and form aforesaid, unlawfully, wilfully, maliciously and feloniously, did do and commit, and each of them did do and commit, against the form of the sta- For shoottute, &c. and against the peace, &c. ing at the prosecu fence in That J. S. late of, &c. being an ill-designing and disorder- tor with a ly person, of a wicked and malicious disposition, and not re- pistol, laygarding the laws and statutes of this realm, nor the pains and ing the of penalties therein contained, after the first day of June, which two counts was in the year of our Lord one thousand seven hundred and on 9 Geo. twenty-three, to wit, on, &c. with force and arms, at, &c. I. c. 22. aforesaid, with a certain pistol,* loaded with gunpowder and a leaden slug, which he the said J. S. in his right hand then (4) Cro. C. A. 474. [*794] First count for shooting en shot. Second with a pis- and there had and held, he the said J. S. did then and there, tol loaded unlawfully, wilfully, maliciously and feloniously, shoot at one with gun- W. M. (he the said W. M. in the peace of God and our said powder and a lead- lord the king then and there being,) against the form, &c. and against the peace, &c. And the jurors, &c. that the said J. S. after the said, &c. to wit, on the said, c. with force and arms, at, &c. aforesaid, with a certain pistol, which he the said J. S. in his right hand then and there had and held, he stating the the said J. S. did then and there, wilfully, wickedly, malipistol to be ciously, and feloniously shoot at one W. M. (he the said W. charged. M. in the peace of God and our said lord the king, and in the king's highway then and there being,) against the form, &c. and against the peace, &c. count for shooting without Indict ment for maliciously shooting a person in his dwelling house. (m) For maliciously shooting in Fleet That A. N. late of, &c. being an ill-designing, &c. and not regarding, &c. after, &c. to wit, on, &c. with force and arms at, &c. aforesaid, with a certain gun, loaded with gunpowder and a leaden bullet, which he the said A. N. then and there had and held, he the said A. N. with the said gun, so being loaded as aforesaid, did then and there wilfully, maliciously, unlawfully, knowingly and feloniously shoot at A. D. esquire, (the said A. D. then and there being in his own dwelling house) against the form, &c. to the evil example, &c. and against the peace, &c. [Like the last precedent, only stating instead of the words in parenthesis," he the said A. D. then and there being in a certain place and king's highway called Fleet Street, in &cstreet. (n) aforesaid."] Upon 43 INDICTMENTS FOR MALICIOUSLY SHOOTING. The jurors, &c. that M. Y. late of, &c. spinster, on, &c. Geo. III. c. with force and arms, &c. with a certain gun then and there 58. s. 1. for loaded with gunpowder and divers leaden shot, which she the shooting at rosecu- said M. G. in both her hands then and there had and held, tor. (0) feloniously, wilfully, maliciously and unlawfully did shoot at R. C. a subject of our said lord the king, in the peace of God and our said lord the king then and there being, with intent in so doing, him the said R. C. then and there feloniously, wilfully, and of her malice aforethought to kill and murder, against the form, &c. and against the peace, &c. [*795] Second* Count. The same, only stating it to have been (m) Cro. C. C. 7. Ed. 220. 3 Ed. 267. (n) Cro. C. C3 Ed. 267. (0) See other precedents. CroC. C. 8 Ed. 267. Starkie, 558. done" with intent to disable the said R. C." Third Count. "With intent to do him some grievous bodily harm." Fourth Count. The same as the first, leaving out the words in italic. ment on sault with murder, sault and fourth for That J. C. late of, &c. J. D. late of, &c. and E. T. late of, Indict&c. on, &c. with force and arms, at, &c. aforesaid, in and up- 43 Geo. on T. C. a subject of our said lord the king, in the peace of III. c. 58, God and our said lord the king then and there being, feloni- for an asously, wilfully, maliciously and unlawfully, did make an assault, and with a certain sharp instrument, then and there fe- intent to loniously, wilfully, maliciously and unlawfully did strike and &c.against cut the said T. C. in and upon the back of him the said T. C. three perwith intent in so doing, feloniously, wilfully, and of their ma- sons for aslice aforethought to kill and murder him the said T. C. to the cutting, great damage of the said T. C. against the form of the stat- &c. and aute, &c. and against the peace, &c. the king his crown and gainst a dignity. And the jurors, &c. do further present, that J. N. counsellate of, &c. before the said felony was committed, in manner ling, proand form aforesaid, to wit, on the same day and year afore- curing, said, with force and arms, at the parish aforesaid, in the coun- &c. (p) ty aforesaid, feloniously, wilfully, maliciously and unlawfully, did counsel, aid and abet them, the said J. C., J. D. and E. T., the felony aforesaid, in manner and form aforesaid, to do and commit, and then and there, to wit, at the time of the committing the felony aforesaid, knew of, and was privy to the said offence, against the form of the statute, &c. against the peace, &c. [Second Count like the first, only laying the intent, "in so doing to disable him the said T. C." Third Count like the first, only saying that the three defendants," with a certain knife, feloniously, &c. did stab and cut," and laying the intent, "in so doing to do some grievous bodily harm to him the said T. C."] 58. s. 1. That R. S. late of, &c. after the first day of July, in the On 43. year of our lord one thousand eight hundred and three, to wit, Geo. III. c. on, &c. with force and arms, at, &c. aforesaid, did wilfully, For levelmaliciously, unlawfully and feloniously present, level and ling a gun point a certain gun, &c. at J. F., then and there being a sub- at proseject of our said lord the king, and in the peace of God and cutor. our said lord the king, and the said R. S. did then and there, with force and arms, wilfully, maliciously, unlawfully and feloniously attempt by then and there drawing the trigger of the said gun, so being there loaded, and so presented, pointed, and levelled as aforesaid, to discharge the same against the person of the said J. F., with intent in so doing, and by means thereof,* to do his said majesty's subject some griev- [*796] ous bodily harm, against the peace, &c. and against the form, &c. [There were several other Counts.] (p) On this indictment the de- ed. This was drawn by an eminent fendants were convicted and execut- crown lawyer. Crim. Law. VOL. III. F f At com meanour corrosive sublimate INDICTMENTS FOR ATTEMPTS TO MURDE That A. G. late of, &c. being a person of a wicked mind mon law a- and disposition, and maliciously intending to poison one J. gainst a servant for M. of, &c. aforesaid, apothecary, her master, on, &c. did a misde- knowingly, wilfully and maliciously, put a large quantity of corrosive mercury sublimate, (being a deadly poison) into a in putting tea-kettle filled with water, which water, he the said J. M. a large quantity of had then and there immediately before directed the said A. to boil, in order to make a certain liquor called tea, for his own mercury drinking; and she the said A. did then and there knowingly, into a tea wilfully and maliciously, boil the said corrosive mercury subkettle of limate in the said water, and the said water, in which the said water with corrosive mercury sublimate was so boiled, as aforesaid, did an intent immediately afterwards, to wit, on, &c. aforesaid, there deliver to the aid J. M., her said master, to use for the making of the said liquor called tea, and the said J. M. not knowing the said corrosive mercury sublimate to have been in the said water, did use the same in making the said liquor called tea, and did drink a quantity of the same made with the said water, wherein the said corrosive mercury sublimate was so boiled, as aforesaid, whereby the said J. M. became, and was grievously and violently distempered and injured in his body, and in extreme danger of losing his life, to the great damage of the said J. M. to the evil example, &c. and against the peace, &c. to poison her master. (q) For a mis our at com That T. B. late of, &c. E. S. late of, &c. and R. S. late of, demean- &c. contriving and intending to hurt and damage the body of mon law in A. O. widow, on, &c. with force and arms, at, &c. aforesaid, putting unlawfully, wickedly and knowingly, did mix poison, to wit, white ar- white arsenic, with brandy, and the same poison mixed with senic into brandy, as aforesaid, afterwards, to wit, on the same day and brandy and giving year above mentioned, with force and arms, at, &c. aforesaid, it to a per- unlawfully and knowingly, did give to the said A. to drink, son to and the said A. not knowing the said poison to have been drink. (r) mixed with the brandy as aforesaid, she the said A. did then and there drink and swallow the poison mixed with the brandy as aforesaid, by which the said A. of the poison aforesaid, then and continually afterwards, until the day of taking [*797] this inquisition,* at, &c. aforesaid, was and yet is grievously and violently distempered and injured in her body, to the great damage of the said A. and against the peace, &c. (4) Cro. C. C. 7 Ed. 646. (r) See Cro. C. C. 7 Ed. 648. |