and seduced by the instigation of the devil, and of her malice aforethought, contriving and intending him the said Francis Blandy, her late father, in his life-time to deprive of his life, and him feloniously to kill and murder, on, &c. and on divers other days and times between the said day of and the day of in the year aforesaid, with force and arms, at the parish of H. aforesaid, in the county aforesaid, did knowingly, wilfully, feloniously (t), and of her malice aforethought, mix and mingle certain deadly poison, to wit, white arsenic (u), in certain tea which had been at divers days and times during the time aforesaid prepared for the use of the said Francis Blandy, to be drank by him the said Francis Blandy, she the said M. B. then and there well knowing that the said tea, with which she the said M. B. did so mix and mingie the said deadiy poison as aforesaid, was then and there prepared for the use of the said Francis Blandy, with intent (x) to be then and there administered to him, for his drinking the same; and the said tea, with which the said poison was so mixed as aforesaid, afterand on wards, to wit, on the said the said other days and times, at the parish of H. aforesaid, in the county aforesaid (y), was delivered to the said Francis Blandy, to be then and there drank by him; and the said Francis Blandy (not knowing the said poison to have been mixed with the said tea) did afterwards, to wit, and on the said dion the said vers other days and times, there drink and swallow down into his body several quantities of the said poison, so mixed as aforesaid with the said tea; and that the said M. B. might more speedily kill and murder the said Francis Blandy, she the said M. B. on the said day of day of day of and on divers others days and times between and the the said day of , in the year of the reign aforesaid, with force day of the said M. B. the said tea, with which, &c. did with the intent aforesaid, on, &c. at, &c. deliver to the said F. B." See p. 53, 54. And if she had procured the same by an innocent agent the same averment would have been proper. and arms, at the parish aforesaid, in the county afore said, did knowingly, wilfully, feloniously, and of her malice aforethought, mix and mingle certain deadly poison, to wit, white arsenic, with certain water-gruel, which had been made and prepared for the use of the said Francis Blandy, to be drank by him the said Francis Blandy, she the said M. B. then and there well knowing that the said water-gruel, with which the said poison was so mixed as aforesaid, was then and there prepared for the use of the said Francis Blandy, with intent to be then and there administered to him for his drinking of the same; and the said water-gruel, with which the said poison was so mixed as aforesaid, afterwards, to wit, on the said day of, and on the said other days and times last aforesaid, at the parish of H. aforesaid, in the county aforesaid, was delivered to the said Francis Blandy, to be then and there drank by him; and the said Francis Blandy (not knowing the said poison to have been mixed with the said water-gruel) did afterwards, to wit, on the said day of and on the day then next following, and on divers other days and times afterwards, and before the said - day of there take, drink, and swallow down into his body several quantities of the said poison, so mixed as aforesaid with the said watergruel; and the said Francis Blandy of the poison aforesaid, and by the operation thereof, became sick and greatly distempered in his body; of which said sickness and distemper of body, occasioned by the said drinking, taking, and swallowing down into the body of the said Francis Blandy of the poison aforesaid, so mixed and mingled in the said tea and water-gruel as aforesaid, he the said Francis Blandy, from the said several days and times on which he had so taken, drank, and swallowed down the same as aforesaid, until the said -day of , in the year aforesaid, at the parish aforesaid, in the county aforesaid, did languish, and languishing did live: on which said day of in the year aforesaid, at the parish aforesaid, in the county aforesaid, he the said Francis Blandy of the poison aforesaid (z), so taken, drank, and swallowed down as aforesaid, and of the said sickness and distemper thereby oc (2) This allegation is material, see p. 87. casioned, did die*: and so the jurors aforesaid, upon their oath aforesaid, do say, that the said M. B. him the said Francis Blandy, in mauner and by the means aforesaid, feloniously, wilfully, and of her malice aforethought, did poison, kill, and murder, against the peace, &c.(a) 16. Indictment for murder by striking with a bucket, tried in the court of Admiralty. Admiralty of England (b). The jurors for our sovereign lord the king upon their oath present, that William Kidd, late of London, mariner, on, &c. with force and arms, upon the high sea, near the coast of Malabar, in the East Indies, and within the jurisdiction of the admiralty of England, in and on board a certain ship, called The Adventure Galley, (whereof the said William Kidd was then commander), then and there being, feloniously, wilfully, and of his malice aforethought did make an assault (c) in and upon one W. M. in the peace of (d) God and our said sovereign lord the king then and there being, and to the ship aforesaid, called The Adventure Galley, then and there belonging; and that the aforesaid William Kidd, with a certain wooden bucket, bound with iron hoops (e), of the value (f) of eightpence, which be the said William Kidd then and there had and held in his right hand (g), did violently, feloniously, wilfully, and of his malice aforethought beat and strike (h) the aforesaid W. M. in and upon the right side (i) of the head of him the said W. M. a little above the right ear of the said W. M. (a) See the proceedings on this indictinent, in the 10th vol. of the State Trials, p. 1. The facts were clearly proved against the prisoner, and she was executed. (b) Vide 28 H. 8. c. 15. s. 1. (c) See p. 85. (d) Unnecessary, p. 192. n. (e). (e) As to the description of the instrument, see p. 85. 86. (f) p. 86. (g) As to the manner, see p. (h) As to the necessity of this word, see p. 86. (i) The description must be particular, p. 86; but a variance from it is not material, if the species of death proved be the same with that alleged, p.86. (he the said W. M. then and there being upon the high(k) sea, in the ship aforesaid, and within the jurisdiction of the (k) 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 of him the said W. M. one mortal (m) bruise; of which mortal bruise the aforesaid W. M. from the in the day of day of year aforesaid, until the day of in the year aforesaid, 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 saidin the year aforesaid, 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, did die and so the jurors aforesaid, upon their oath aforesaid, do say, that the aforesaid William Kidd him the said W. M. upon the high sea aforesaid, in the ship aforesaid, and within the jurisdiction of the admiralty of England, in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought did, kill and murder, against the peace of our said lord the king, his crown and dignity. 17. Indictment for murder and petit treason by shooting, viz. against the person who shot, and the widow of the deceased for aiding and assisting (n). (Commencement as in pr. 13 to the *.) Feloniously (o), wilfully, and of their malice aforethought, and she the said E. B. also traitorously (o), did make an assault upon the said S. B. the husband of her the said E. B. in the peace (p) of God and our said lord the king then and there being; and that the said M. H. a certain gun, of the value of five shillings (9), then and there charged and loaded with gunpowder and divers leaden. (k) This is essential, p. 19. () As to this allegation, see p. 231. and Ld. Ray. 1363. (m) Essential, see p. 87. () As to the joinder of these parties for offences differing in (0) See p. 172. shot, which gun he the said M. H. in both his hands. then and there had and held, to, against, and upon the said S. B. then and there feloniously, wilfully, and of his malice aforethought did shoot and discharge; and that the said M. H. with the leaden shot aforesaid, out of the gun aforesaid, then and there, by force of the gun-powder, shot, discharged and sent forth as aforesaid, the aforesaid S. B. in and upon the left side of the head of him the said S. B. near the left ear of him the said S. B. then and there, with the leaden shot aforesaid, out of the gun aforesaid, by the said M. H. so as aforesaid shot, discharged, and sent forth, feloniously, wilfully, and of his malice aforethought, did strike, penetrate, and wound, giving to the said S. B. with the leaden shot aforesaid, so as aforesaid shot, discharged, and sent forth out of the gun aforesaid by the said M. H. in and upon the left side of the head of him the said S. B. near the left ear of him the said S. B. one mortal wound (a), of the depth of four inches, and of the breadth of two inches, of which said mortal (b) wound the said S. B. then and there instantly died; and that the said E. B. the wife of him the said S. B. then and there feloniously, traitorously (c), wilfully, and of her malice aforethought was present, aiding, helping, abetting, comforting, assisting, and maintaining the said M. H. the felony and murder aforesaid, in manner and form aforesaid, to do and commit: and so the jurors aforesaid, upon their oath aforesaid, do say, that the said M. H. feloniously, wilfully, and of his malice aforethought, and the said E. B. feloniously, traitorously, wilfully, and of her malice aforethought, him the said S. B. then aud there, in manner and form aforesaid, did kill and murder, against the peace of our said lord the king, his crown and dignity. 18. Indictment for murder, by placing poison so as to be mistaken by the person poisoned for medicine, laying' the offence in two counts. That J. D. late of, &c. on, &c. at, &c. a certain quantity of arsenic, to wit, two drachms of arsenic (being a (a) The description should be precise, but a variance would not be fatal, see p. 86. BB (b) Essential, p. 87. |