[*793] Third count, 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 aforestating said, upon their oath aforesaid, do further present, that the said that all J. S., W. G. and J. L. on the said, &c. with force and arms at, the parties &c. aforesaid, with a certain other gun loaded with gunpowder prosecu- 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. S. being an ill-designing person, of a wicked and malicious disposition, and not regarding the 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 tor in a dwelling house. Fourth count, stating that J. S. shot at the prosecu tor in a ously," omitting the word wilfully, 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. others aid. one thousand seven hundred and twenty-three, to wit, on the dwelling. house, the said, &c. with force and arms, at, &c. with a certain other and that gun, loaded with gunpowder and divers leaden bullets, to wit, the two three leaden bullets, which said gun he the said J. S. in both his ed, &c. hands then and there had and held, 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 said W. G. and J. L. being also ill-designing persons, and of wicked and malicious 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 statute, &c. and against the peace, &c. prosecu ing the of two That J. S. late of, &c. being an ill-designing and disorderly For shootperson, of a wicked and malicious disposition, and not regard-ing at the ing the laws and statutes of this realm, nor the pains and penal-tor with a ties therein contained, after the first day of June, which was in the pistol, layyear of our Lord one thousand seven hundred and twnety-three, fence in to wit, on, &c. with force and arms, at, &c. aforesaid, with a cer- counts, on tain *pistol, loaded with gunpowder and a leaden slug, which he 9 Geo. 1. c. 22. (1) the said J. S. in his right hand then and there had and held, he [*794] the said J. S. did then and there, unlawfully, wilfully, mali- First ciously, and feloniously, shoot at one W. M. (he the said W. shooting with a pistol loaded with gun powder and a leaden shot. count for M. in the peace of God and our said lord the king then and there being,) against the form, &c. and against the peace, &c. And Second the jurors, &c. that the said J. S. after the said, &c. to wit, on count for shooting (1) Cro. C. A. 474. without stating the 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 pistol to be charg- there had and held, he the said J. S. did then and there wilfully, ed. Indict malicious wickedly, maliciously, and feloniously shoot at one W. M. (he the said W. 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. That A. N. late of, &c. being an ill-designing, &c. and not ment for regarding, &c. after, &c. to wit, on, &c. with force and arms at, ly shoot- &c. aforesaid, with a certain gun, loaded with gunpowder and a ing a per- leaden bullet, which he the said A. N. then and there had and held, dwelling he the said A. N. with the said gun, so being loaded as aforesaid, house. (m) did then and there wilfully, maliciously, unlawfully, knowingly, son in his For mali ciously shooting 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 in Fleet place and king's highway called Fleet Street, in, c. aforesaid."]) street.(n) Upon 23 shooting at prose cutor.(0) INDICTMENTS FOR MALICIOUSLY SHOOTING. The jurors, &c. that M. Y. late of, &c. spinster, on, &c. with Geo. III c. force and arms, at, &c. with a certain gun then and there loaded 58. s. 1. for with gunpowder and divers leaden shot, which she the said M G. in both her hands then and there had and held, feloniously, wilfully, and 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 [*795] against the peace, &c. *Second Count. The same, only stating it (m) Cro. C. C. 7 Ed. 220. 8 Ed. 267. (n) Cro. C. C. 8 Ed. 267. (2) See other precedents. Cro C. C. 8 Ed. 267. Starkie, 558. to have been 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 43 Geo. for an as intent to murder, sons for as That J. C. late of, &c. J. D. late of, &c. and E. T. late of, &c. Indicton, &c. with force and arms, at, &c. aforesaid, in and upon T. C. a subject of our said lord the king, in the peace of God and III. c. 58. our said lord the king then and there being, feloniously, wilfully, sault with maliciously, and unlawfully did make an assault, and with a certain sharp instrument, then and there feloniously, wilfully ma- &c.against liciously and unlawfully did strike and cut the said T. C., in and three perupon the back of him the said T. C. with intent in so doing, fe- sault, and loniously, wilfully, and of their malice aforethought to kill and cutting, &c. and murder him the said T. C. to the great damage of the said T. C. against a fourth for against the form of the statute, &c. and against the peace, &c. counsel. the king his crown and dignity. And the jurors, &c. do further ling, propresent, that J. N. late of, &c. before the said felony was &c. (P) committed, in manner and form aforesaid, to wit, on the same day and year aforesaid, with force and arms at the parish aforesaid, in the county 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. and against the 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 bouily harm to him the said T. C."] curing, Geo. III.c. 58. s. 1. That R. S. late of, &c. after the first day of July, in the year of On 43 our Lord one thousand eight hundred and three, to wit, on, &c. with force and arms, at, &c. aforesaid, did wilfully, maliciously, unlawfully, and feloniously present, level, and point a certain (p) On this indictment the defendants were convicted and executed. VOL. II, This was drawn by an eminent 4 A For levelling a gun at prose. cutor. gun, &c. at J. F., then and there being a subject of our said lord the king, and in the peace of God and 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, [*796] said and by means *thereof, to do his majesty's subject some grievous bodily harm, against the peace, &c. and against the form, &c. [There were several other Counts.] At com. mon law a misde a large INDICTMENTS FOR ATTEMPTS TO MURDER BY That A. G. late of, &c. being a person of a wicked mind and disposition, and maliciously intending to poison one J. M. of, against a servant for &c. aforesaid, apothecary, her master, on, &c. did knowingly, meanour wilfully, and maliciously, put a large quantity of corrosive merin putting cury sublimate, (being a deadly poison) into a tea-kettle filled quantity with water, which water, he the said J. M. had then and there of corro- immediately before directed the said A. to boil in order to make cury a certain liquor called tea, for his own drinking; and she the sublimate said A. did then and there knowingly, wilfully, and maliciously into a teakettle of boil the said corrosive mercury sublimate in the said water, and with an in- the said water, in which the said corrosive mercury sublimate tent to was so boiled, as aforesaid, did immediately afterwards, to wit, poison her master.(g) on, &c. aforesaid, there deliver to the said J. M., her said mas sive mer water ter, 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 (q) Cro. C. C. 7 Ed. 646. |