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tho* the extract from It be tery
and if they are well advised, always will find a verdict conformable to such direction.
If A. voluntarily and knowinely intendeth hurt to the person of a man, tho' he intend not death, yet if death ensueth, it will doubtless be no excuse that he did not intend all the mischief that followed; as if he intended to beat B. but not to kitl him, and death happens, it will be murder j for what he did was malum in fe, and he must be anfv/erable for the consequences of it: he certainly beat him with an intention of doing him fjme bodily harm; he had no other intent, he could have no other; he is therefore answerable for all the harm h; did.
From considering the prisoner's cafe on the above principles, 1 am clearly of opinion, that he ought to have been found guilty of murder, or at least a special verdict mould have been found; for I am extremely well satisfied that had the court been advised with on the question, whether, in point of law, the prisoner was guilty of murder, provided there was no doubt of the truth of the facts given in evidence, that they would have declared the prisoner guilty j and told the jury besides, that if they were not satisfied as to law, that it •was their duty to find a special verdict } because a special verdict hath been found on a similar occasion, in a case so recent as to be well known, I dare fay; to every lawyer in the kingdom; I mean major Oneby's cafe, which I would advise the learned to look into, for the limits of a Magazine will not allow me to state many particulars therein, most applicable to the cafe in question; however, I may be able to satisfy the generality of the
MajorOneby was indicted at the Old Bai!=y* for the murder of W. Gower in a duel; there was a special verdict, in which many facts were very minutely stated, especially the following expression of the prisoner to the deceased, on his offering to think no more of the quarrel, which the major refused, adding, "Damn you, I will have your blood/* all the twelve judges of England were of opinion, that this declaration of the prisoner was express malice; if so, was not the prisoner's declaration in the cafe in question, when he was inf rmed of the death of the deceased, viz. ** Damn bis eyes, IJbould not have fought, unless I bad thought of killing of him?" Was not this declaration, 1 fay, equally expressive of his malicious intent? But I m3y be answered, that Oneby's declaration was previous to the duel, whereas Knight's was after the boxing match; it is very true, but tho' it was a fub^ sequent declaration, it was a declaration of previous malice.
As there cannot be a greater nuisance, in my opinion, in a well-regulated police, than the inhuman practice of men fighting and boxing in the street, the consequences being always dreadful and shocking, and oftentimes fatal, particularly to the pregnant part of the fair sex, I hope I have considered the legality of the above acquittal,.without offence to those who may differ from me injudgment; as Ihave submitted my reasons candidly to the reader, I trust he will as candidly consider their force and tendency, in supporting what -I have advanced, on this very important subject.
The Manner of a Ni
rPHE folding-doors are thrown epen, and the curtairt undrawn, that spectators, who Sock to the convent in crowds, may have an opportunity of feeing the corpse. Upon these occasions the church is hung with black, as well as the altar, the can Uts that are placed tipon it are of a dark bruwn colour, and yield but a small glimmering light, which may be properly considered as no li^ht, but rather darkness visible, which, to use an expression of Milton,
Serves only to discover fights of The corpse is laid in a white dtal coflin, covered over with the cloth, of which mention has been made in the description of the ceremonies observed ct tailing the bhek veil, and it Is drefl'ed in the religious habit she wore v,h:-n living... As she lies, she holds in her hand hor vows, crucify, and beads, and, from her attitude, one wen Id think that she contemplated them with the utmost ardour of demotion. Her hands are tied at the wrists, and placed upon herbreast, with toe fingers erectcdj as if her mind was unpaged in earnest
•n's lying in State*
prayer: between her fore-fingers and thumbs ■are her vows, behind them her crucifix, and, round her wrist her beads, with the parts to which the cross is fixed hanging downwards. All these things are buried with her. She iff even interred in her religious habit, nor is any thing taken away, except a pillow, which Wes laid under her head, in order to elevate the body, that the spectators might have z greater facility in feeing it and the black cloth, or pall. Every thing else is buried with the corpse. If afterwards, upon opening the grave, her vows, crucifix, beads, or any par,t of her habit, mould happen to be dug up, particular care is taken to bury them again j and it would be looked upon as a sin equal to sacrilege, to keep, or even to leave* them, above ground.
The coffin is placed in the middle of the. choir, on what is called a horse in England, and on each f de stand three wax candles, of tile fane colour as those in the church. AH the nuns of the convent are ranged round thi choir, in urder to fee the deceased nun in