that J. N. was then and there master and commander of and on board of the said ship; and that the said C. T., W. L.* and W. M. being persons of a wicked, malicious, cruel, [*1134] savage, rebellious and mutinous disposition, on the said, &c. on the high sea aforesaid, within the jurisdiction aforesaid, to wit, about the distance of four leagues from the aforesaid isles, in and upon the said J. N. so then and there being on board of, and master and commander of the said ship, of which they the said C. T., W. L. and W. N. then and there respectively were mariners as aforesaid, unlawfully, violently, maliciously, cruelly and mutinously did make an assault, with a wicked and diabolical intent, him the said J. N. then and there feloniously, wilfully, and of their malice aforethought, to kill and murder; and that the said C. T. with a certain drawn cutlass, which he the said C. T. in his right hand then and there had and held, him the said J. N. did strike, cut, penetrate and wound, giving to him the said J. N. one dangerous wound on the head of him the said J. N. of the length of four inches and the depth of one inch, and one other dangerous wound on the left shoulder of him the said J. N. of the length of six inches and the depth of three inches; by means of which said wounds the life of the said J. N. was then and there greatly endangered; and he the said J. N. then and there suffered great anguish and loss of blood, and continued sick, weak and languid for a great length of time, to wit, for the space of six weeks then next ensuing, and other wrongs to the said J. N. then and there did, to the great damage of the said J. N. to the evil example, &c. and against the peace, &c. And Second the jurors, &c. do further present, that the said C. T., count the said W. L. and the said W. M. afterwards, to wit, on the same day and year aforesaid, with force and arms, on the high sea aforesaid, to wit, within the distance of four leagues from the aforesaid isles, in and upon the said J. N. in the peace of God and our said lord the king then and there being, then and there did make another violent and cruel assault, and him the said J. N. then and there did beat, bruise, wound and ill-treat, so that his life was then and there greatly despaired of, and other wrongs to the said J. N. then and there did, to the great damage of the said J. N. to the evil example, &c. and against the peace, &c. [*1135] Admiralty of England. The jurors, &c. that E. T. late of, For felony &c. mariner, and N. W. late of the same, mariner, after the in the adtwenty-fourth day of June, in the year of our lord one thou- miralty sand seven hundred and eighteen to wit, on, &c. with force court, on 4 and arms, upon the high seas within the jurisdiction of the 12. s. 3. admiralty of England, about half a league distant from Leg- for wilfulhorn in Italy, in parts beyond the seas, then being mariners ly burning Geo. I. c. and de belonging to a certain merchant ship called the Dolphin, and stroying a then and there being in and on board the said ship, did then ship, having and there wilfully and feloniously burn and destroy the said merchan- ship, and direct and procure the said ship to be burnt and destroyed, to the great prejudice of divers persons, merboard. (1) chants, (to the jurors aforesaid as yet unknown) that had loaden goods thereon, against the form of the statute, &c. and against the peace, &c. dize on The like against two persons for making holes in Admiralty of England. That W. C. and J. R. on the 8th of August in the year, &c. upon the high seas, within the jurisdiction of the admiralty of England, were on board a vessel called the Adventure, whereof C. was the master, and and sink belonging to the same; and R. an officer belonging to the ing a ship same, which vessel was insured for 7001. by R. S. and (certo defraud tain other underwriters by name,) who had before that time underwri- severally underwritten a policy of insurance on such vessel: ters. (u) and that C. and R. with force and arms, on, &c. on the high For stealing from a ship wrecked in Wales. seas, within the jurisdiction aforesaid, &c. wilfully and feloniously made divers holes in and through certain parts of the vessel, by means whereof the sea entered, filled and sunk the said vessel, and that C. and R. so respectively being such master and officer belonging to the said vessel, thereby wilfully and feloniously destroyed the said vessel, to which they, C. and R. so respectively belonged, with a wicked and dishonest intent and design to prejudice the said R. S. &c. who had so underwritten the said policy of insurance on the said vessel, and were severally and respectively insurers on the said vessel, against the form, &c. and against the peace, &c. [Herefordshire being the next adjoining shire within that part of Great Britain called England, (where the king's writ (w) (t) See precedents Cro. C. C. 7th [1136] Ed. 700. and another form Cro. C. C. 443. and next precedent. The offence is founded on 4 Geo. I. c. 12. s. 3. which enacts, that "if any owner of, or captain, master mariner, or other officer belonging to any ship shall wilfully cast away, burn, or otherwise destroy the ship of which he is the owner or unto which he belongeth, or in any manner or wise direct or procure the same to be done to the prejudice of any person or persons that shall underwrite any policy or policies of insurance thereon, or of any merchant or merchants that shall load goods thereon," he shall be guilty of felony without benefit of clergy. This statute is re-enacted by 11 Geo. I. c. 29, s. 6. which also provides that if any such offence shall be committed within the body of any county within this realm, the offender shall be tried in such county as other cases of felonies are tried and, if the offence shall be commit. ted on the high seas, the same shall be tried in such manner as by 28 Hen. VIII. c. 15. is directed. (u) See Cro. C. C. 8 ed. 443. and last precedent and note, and gener al note ante 1127 to 1130. and see 4 Geo. I. c. 12. s. 3. 12. Ann, St. 2. c. 18. 11 Geo. I. c. 29. s. 6. 39 Geo. III. c. 37. (w) See similar precedents Cro. C. C. 477. Cro. C. A. 510. 4 Wentw. 54. 6 Wentw. 375. Starkie, 451. By 26 Geo. II. c. 19. s. 1. it is made capital to plunder, steal or destroy any goods or merchandizes, or other effects from or belonging to count, within his runneth) to the county of Glamorgan in Wales, to wit, (x)] First that on, &c. a certain ship called the Catherine, the property stating the of a person or persons to the jurors as yet unknown, was ship to stranded in his majesty's dominions, to wit, at, &c. and that have been W. H. late of, &c. then and there, to wit, on the same day stranded. and year aforesaid, with force and arms at, &c. aforesaid, wilfully and feloniously did plunder, steal, take away and destroy twenty pounds weight of cotton of the value of twenty shillings, then and there being certain goods and merchandizes the property of a person or persons to the jurors aforesaid as yet unknown, from and belonging to the said ship called the Catherine, so then and there being stranded as aforesaid, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present, that the Second said W. H. afterwards, to wit, on the said, &c. with force count, and arms, at, &c. aforesaid, twenty pounds weight of cotton ship to stating the of the value of twenty shillings, then and there being certain have been goods and merchandizes, the property of a person or persons in distress to the jurors aforesaid as yet unknown, from and belonging to majesty's a certain ship or vessel called the Catherine, belonging to a domiperson or persons to the jurors aforesaid as yet unknown, nions. then and there being in distress within his majesty's dominions, to wit, at, &c. aforesaid, then and there feloniously did plunder, steal, take away and destroy, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. Third do further present, that afterwards, to wit, on the said, &c. a count, stating it certain ship called the Catherine, the property of a person or to be persons to the jurors aforesaid as yet unknown, was wrecked wrecked, in his majesty's dominions, to wit, at, &c. aforesaid, and that &c. the said W. H. then and there, to wit, on the same day and year aforesaid, with force and arms at &c. aforesaid, feloniously did plunder, steal, take away and destroy twenty pounds weight of cotton of the value of twenty shillings, of the goods and merchandizes of a person or persons to the jurors aforesaid as yet unknown,* from and belonging to the said ship call- [*1137] ed the Catherine, so then and there being wrecked as aforesaid, against the form of the statute, &c. and against the peace, any ship or vessel of his majesty's subjects or others, which shall be in distress or which shall be wrecked, lost, stranded or cast on shore in any part of his majesty's dominions whether any living creature be on board or not or any of the furniture tackle, apparel, provision, or part of such ship or vessel;" but where the goods are of small value, and stolen without cruelty, outrage or vioGrim. Law. lence, the offender may be prose- (x) The venue may be laid in the VOL. III. 4 B. Fourth count. stating it to be and cast on shore, &c. &c. And the jurors, &c. do further present, that afterwards, to wit, on the said, &c. a certain ship called the Catherine, the property of a person or persons to the jurors aforesaid as stranded yet unknown, was stranded and cast on shore in his majesty's dominions, to wit, at, &c. aforesaid, and that the said W. H. then and there, to wit, on the same day and year aforesaid, with force and arms, at, &c. aforesaid, feloniously did plunder, steal, take away and destroy twenty pounds weight of cotton of the value of twenty shillings, of the goods and merchandizes of a person or persons to the jurors aforesaid as yet unknown, from and belonging to the said ship called the Catherine, so then and there being stranded and cast on shore as aforesaid, against the form of the statute, &c. and against the peace, &c. For felony, on 24 Geo. II. c. 45. for stealing to the va lue of for ty shil a lings in ship, &c. on a navigable river. (y) That A. B. late of, &c. on, &c. with force and arms, at, &c. aforesaid, twenty pounds weight of indigo, of the value of fifty shillings, of the goods, wares and merchandize, (or goods and chattels,") of C. D. and E. F. then and there being in a certain ship called the Nymph, upon the navigable river of Thames, and then and there found, feloniously did steal, take and carry away, against the peace, &c. (y) See similar precedents Cro. C. C. 444. Starkie, 452. See the statute recited, ante 940. money is holden not to be included in its language, 1 Leach, 52, 3. 2 East, P. C. 647. The statute is confined to such goods as are usually lodged in ships or on wharfs or quays, id. ibid. Fost., 79. An averment that the offence was committed on the navigable river Thames, is not supported by evidence that it was committed on the banks of one of its creeks, for though the offence is within the act, it should be described in the appropriate words of the act, Leach, 317. 2 East, P. C. 647. 565 CHAPTER XVIII. CONSPIRACY. (2) PRELIMINARY NOTES. Offence. The definition of conspiracy in the old books is much too narrow for the construction of this offence in mo- [*1138] dern times. Lord Coke describes it as "a consultation and agreement between two or more, to appeal or indict an innocent person falsely and maliciously, whom accordingly they cause to be indicted or appealed; and afterward the party is lawfully acquitted by the verdict of twelve men," 3 Inst. 143. Hawkins, indeed, disputes this last clause, and maintains that a writ of conspiracy might be supported, though there was no acquittal by verdict, Hawk. b. 1. c. 72. s. 2. But Blackstone confines the offence to malicious accusation, and enters into the discussion of no other species of confederacy, 4 Bla. Com. 136. In Jacob's Dictionary also the law is considered with reference only to this particular object, Jac. Dic. Conspiracy. At the present day, however, the meaning of the offence is certainly far more extensive; and although a plan to indict an innocent person is one of the worst kinds of conspiracy, the offence is manifestly by no means confined to this alone. We will briefly consider it, first as to the object which may render a combination criminal, and secondly the means by which it must be attempted. (z) See in general, 3 Inst. 143. Hawk. b. 1. c. 72. Com. Dig. Justices of the Peace, B. 107. Bla. Com. 136, 7. Burn. J. Conspiracy. Williams J. Conspiracy. Dick. J. Conspiracy. The indictments and notes on this offence are placed last in or- |