274 On 9 Geo. I. c. 22. for send ing a threatening letter with a fic titious name subscribed INDICTMENT FOR THREATENING LETTERS. FELONY ON STATUTES. That A. B. late of, &c. on, &c. at, &c. knowingly, unlawfully, wickedly* and feloniously, did send a certain letter in (p) See other precedents, Cro. C. C. 84. Starkie 565. See a precedent under this act for forcibly rescuing a person from a constable charged with this offence ante 200. The of thereto, fence is founded on 9 Geo. I. c. 22. demandusually called the Black Act, which ing, &c. provides that if any person shall (P) knowingly send any letter without [*844] any name subscribed thereto, or signed with a fictitious name, demanding money, venison, or other valuable thing, or shall forcibly rescue any person in custody of any officer or other person, for this or other offence prohibited in the act, or shall by gift or promise of money or other reward, procure any of his majesty's subjects to join him in such unlawful act, he shall be guilty of felony without benefit of clergy. This provision was extended by 27 Geo. II. c. 15. which enacts, that if any person shall knowingly send any letter without any name subscribed thereto, or signed with a fictitious name or names, letter or letters, threatening to kill or murder any of the king's subjects, or to burn their houses, out houses, barns, stacks of corn and grain, hay or straw, though no money or venison nor other valuable thing shall be demanded in or by such letter or letters, or shall forcibly rescue any person being lawfully in custody of any officer or other person for such offence, shall be guilty of a capital felony. It will be observed that these provisions differ in this respect, that under the former something valuable must be demanded in the letter, and under the latter a threat only is requisite. Both acts refer only to "sending,' and take no notice either of writing or 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 a 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 support 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, and threatening to revenge his death, is sufficient evidence to be left to the jury to determine whether a threat to murder was implied, 1Leach, 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 be subscribed 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, writing, (q) signed with a fictitious name, that is to say, with the name of P. C.* [or "without any name subscribed [*845] thereto," (r) according to 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 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 proCrim. Law. voke challenges, that the trial might Evidence of prior and subsequent (q) 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 844. n. p. In Cro. C. C. 84. the form is "and which said letter is as follows, that is to say, &c." VOL. III. M m 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 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, &c. 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 capital fe Geo. II. c. 24. (u) 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 (u) See other precedents, Starkie, 564. Offence. The 30 Geo. II. c. 24. s. 1. enacts that all persons who shall lony, on 30 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 offenders against the law and public peace, and the court before whom such offender or offenders A. B. subscribed* thereto, directed to Mr. J. W. threaten. [*847] ing to accuse 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 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 be put in the pillory or publicly 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. The statute does not repcal the clause in the Black Act respecting threatening letters, because that provision applies only where an actual demand 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 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 merchandize." Indeed, if the indictment be framed under this last act, and the latter appears to contain a demand which brings the case within 9 Geo. I. the prisoner must be acquitted, 2 Leach, 767. in notis. A letter sent to procure the re-delivery of a bill has been holden not within the words of the statute, 2 East, P. C. 1118. But by 52 Geo. III. c. 64. the provision is extended to an attempt to extort "any bond, bill of exchange, bank note, promissory note, or other security, for the payment of money, or any warrant of or order for the payment of money, or delivery or transfer of goods or other valuable thing."-The indictment under this act must contain the same requisites as under 9 Geo. I. and 27 Geo. II. the letter must be set forth, and the intent correctly stated. The same rules respecting the venue and evidence will also apply. For sending a let with sodo my to extort mo set fire to the said house of him the said A. B. being a crime punishable by law with pillory.] That C. D. &c. &c. being a wicked and evil disposed person, and not minding to gain his livelihood by honest labour, ter charging the but going about and contriving to defraud the subjects of prosecutor our said lord the king, of their monies, to support his profligate way of life, after the twenty-ninth of September, 1757, to wit, on, &c. with force and arms, at, &c. knowingly and unney, on 30 lawfully did send a certain letter, with the name of E. I. subGeo. II. c. scribed thereto, and directed to one A. B. by the name, &c. 24. (v) '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 tion in the crown office for sending a written INDICTMENTS, &c. FOR CHALLENGES. [Commencement of information as ante 7.] That C. H. late of, &c. being an evil disposed person, and a disturber of (v) From the MS. of a gentleman challenge. at the bar. (w) (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 underLord Ellenborough's act, of malicious shooting, and the seconds as principals in the second degree; -though this has been no where decided. As it is settled that the attempt or incitement to commít 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." S Inst. 158. And, therefore, he who carries a challenge, knowing what it is, is guilty also of misdemeanour, for which he may be indicted, 3 East, 581. 4 Bla. Com. Christ. Ed. 221. n. (1). A challenge is one of those offences for which a criminal information will be granted by the Court of King's Bench; though this will not be done where the party applying has himself first incited the proposal, 1 Burr. 316. ante 1 vol. |