Arraign ment. Plea, not guilty. Issue. Venire. in form of the law to be determined. And afterwards, to wit, at the same delivery of the gaol of the said lord the king of his county aforesaid, on the said Friday the sixth day of August, in the said second year of the reign of the said lord the king, before the said justices of the lord the king last above-named and others their fellows aforesaid, here cometh the said Peter Hunt, under the custody of William Browne, esquire, sheriff of the county aforesaid, (in whose custody in the gaol of the county aforesaid, for the cause aforesaid, he had been before committed,) being brought to the bar here in his proper person by the said sheriff, to whom he is here also committed: And forthwith being demanded concerning the premises in the said indictment above specified and charged upon him, how he will acquit himself thereof, he saith that he is not guilty thereof; and thereof for good and evil he puts himself upon the country: And John Blencowe, esquire, clerk of the assises for the county aforesaid, who prosecutes for the said lord the king in this behalf, doth the like: Therefore let a jury thereupon here immediately come before the said justices of the lord the king last above-mentioned, and others their fellows aforesaid, of free and lawful men of the neighbourhood of the said parish of Lighthorne in the county of Warwick aforesaid, by whom the truth of the matter may be the better known, and who are not of kin to the said Peter Hunt, to recognize upon their oath, whether the said Peter Hunt be guilty of the felony and murder in the indictment aforesaid above specified, or not guilty: because as well the said John Blencowe, who prosecutes for the said lord the king in this behalf, as the said Peter Hunt, have put themselves upon the said jury. And the jurors of the said jury by the said sheriff for this purpose impanelled and returned, to wit, David Williams, John Smith, Thomas Horne, Charles Nokes, Richard May, Walter Duke, Matthew Lion, James White, William Bates, Oliver Green, Bartholomew Nash, and Henry Long, being called, come; who being elected, tried, and sworn, to speak the truth of and concerning the premises, upon their oath say, that the said Peter Hunt is Verdict; guilty of guilty of the felony and murder aforesaid, on him murder. above charged in the form aforesaid, as by the indictment aforesaid is above supposed against him; and that the said Peter Hunt at the time of committing the said felony and murder, or at any time since to this time, had not nor hath any goods or chattels, lands or tenements, in the said county of Warwick, or elsewhere, to the knowledge of the said jurors. And upon this it is forthwith demanded of the said Peter Hunt, if he hath or knoweth any thing to say, wherefore the said justices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him: who nothing farther saith, unless as he before had said. Whereupon, all and singular the Judgment of death, premises being seen, and by the said justices here fully understood, it is considered by the court here, that the said Peter Hunt be taken to the gaol of the said lord the king of the said county of Warwick, from whence he came, and from thence to the place of execution on Monday now next ensuing, being the ninth day of this instant August, and there be hanged by the neck until he be dead; and that afterwards his body be dissected and dissecand anatomized. tion. § 2. CONVICTION OF MANSLAUGHTER. murder; slaughter. upon their oath say, that the said Peter Verdict ;Hunt is not guilty of the murder aforesaid, above not guilty of charged upon him; but that the said Peter Hunt is guilty of guilty of the feloniously slaying of the aforesaid Samuel manCollins; and that he had not nor hath any goods or chattels, lands or tenements, at the time of the felony and manslaughter aforesaid, or ever afterwards to this time, to the knowledge of the said jurors. And immediately it is demanded of the said Peter Hunt, if he hath or knoweth any thing to say, wherefore the said justices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him: who saith that he is a clerk, and prayeth the benefit of clergy to be allowed him in this behalf. Clergy Whereupon, all and singular the premises being seen, prayed. Judgment and by the said justices here fully understood, it is to be burned considered by the court here, that the said Peter Hunt in the hand, be burned in his left hand, and delivered. And immediately he is burned in his left hand, and is delivered, according to the form of the statute. and deli vered. pus. Record of atraiuder read; Prisoner asked what IN THE 3. ENTRY OF A TRIAL INSTANTER Michaelmas term, in the sixth year of the reign of Kent; the King) THE prisoner at the bar being against brought into this court in custody Thomas Rogers. of the sheriff of the county of SusHabeas cor- sex, by virtue of his majesty's writ of habeas corpus, it is ordered, that the said writ and the return thereto be filed. And it appearing by a certain record of attainder, which hath been removed into this court by his majesty's writ of certiorari, that the prisoner at the bar stands attainted, by the name of Thomas Rogers, for felony of felony for a robbery on the highway, and the said and robbery prisoner at the bar having heard the record of the said attainder now read to him, is now asked by the court here, what he hath to say for himself, why the court here should not proceed to award execution against Plea; not him upon the said attainder? He for plea saith, that he is not the same Thomas Rogers in the said record of attainder named, and against whom judgment was pronounced and this he is ready to verify and prove, &c. Replication, To which said plea the honourable Charles Yorke, esquire, attorney-general of our present sovereign lord the king, who for our said lord the king in this behalf prosecuteth, being now present here in court, and having heard what the said prisoner at the bar hath now alleged, for our said lord the king by way of reply saith, that the said prisoner now here at the bar he can say in bar of excution. the same person. is the same Thomas Rogers in the said record of attain- averring that he is. der named, and against whom judgment was pronounced as aforesaid; and this he prayeth may be Issue joined. inquired into by the country; and the said prisoner at Instauter. the bar doth the like: Therefore let a jury in this Venire behalf immediately come here into court, by whom awarded the truth of the matter will be the better known, and who have no affinity to the said prisoner, to try upon their oath, whether the said prisoner at the bar be the same Thomas Rogers in the said record of attainder named, and against whom judgment was so pronounced as aforesaid, or not; because as well the I said Charles Yorke, esquire, attorney-general of our said lord the king, who for our said lord the king in this behalf prosecutes, as the said prisoner at the bar, have put themselves in this behalf upon the said jury. And immediately thereupon the said Jury. jury come here into court; and being elected, tried, and sworn to speak the truth touching and concerning the premises foresaid, and having heard the said record read to them, do say upon their oath, that the said prisoner at the bar is the same Thomas Verdiet Rogers in the said record of attainder named, and that he is against whom judgment was so pronounced as aforesaid, in manner and form as the said attorneygeneral bath by his said replication to the said plea of the said prisoner now here at the bar alleged. And hereupon the said attorney-general on behalf of our said lord the king now prayeth, that the court here would proceed to award execution against him the said Thomas Rogers upon the said attainder. Whereupon all and singular the premises Award of being now seen and fully understood by the court here, execution. it is ordered by the court here that execution be done upon the said prisoner at the bar for the said felony in pursuance of the said judgment, according to due form of law: And it is lastly ordered, that he the said Thomas Rogers, the prisoner at the bar, be now committed to the custody of the sheriff of the county of Kent (now also present here in court) for the purpose aforesaid; and that the said sheriff of the same. Kent, do execution upon the said defendant the prisoner at the bar for the said felony, in pursuance of the said judgment, according to due form of law. On the motion of Mr. Attorney-General. By the Court. 4. WARRANT OF EXECUTION ON JUDGMENT OF DEATH, AT THE GENERAL GAOL-DELIVERY IN. LONDON AND MIDDLESEX. London and To the sheriff's of the city of London; and to the sheriff of the county of MiddleMiddlesex. sex; and to the keeper of his majesty's gaol of Newgate. Whereas at the session of gaol delivery of Newgate, for the city of London and county of Middlesex, holden at Justice Hall in the Old Bailey, on the nineteenth day of October last, Patrick Mahony, Roger Jones, Charles King, and Mary Smith, received sentence of death for the respective offences in their several indictments mentioned: Now it is hereby ordered, that execution of the said sentence be made and done upon them the said Patrick Mahony and Roger Jones, on Wednesday the ninth day of this instant month of November at the usual place of execution. And it is his Majesty's command, that execution of the said sentence upon them the said Charles King and Mary Smith be respited, until his majesty's pleasure touching them be farther known. Given under my hand and seal this fourth day of November, one thousand seven hundred and sixty-eight. JAMES EYRE, Recorder. L. S. 5. WRIT OF EXECUTION UPON A JUDGMENT OF MURDER, BEFORE THE KING IN PARLIAMENT. GEORGE the second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth, to the sheriffs of London and |