on, &c., with force and arms at the township aforesaid, in the county aforesaid, and within the jurisdiction of this court, in and upon one C. D., in the peace of God and of this state, then and there being, an assault did make, and him the said C. D., then and there. did beat, wound and ill-treat, and other wrongs to the said C. D., then and there did to the great damage of the said C. D., contrary to the form of the statute in such case made and provided, and against the peace of this state, the government and dignity of the same. Assault and battery in Pennsylvania, with commencement and conclusion. In the Court of Quarter Sessions of the Peace for the City and County of Philadelphia, sessions, 184 City and County of Philadelphia, ss. The grand inquest of the Commonwealth of Pennsylvania, inquiring for the City and County of Philadelphia, upon their respective oaths and affirmations, do present, that A. B., late of said county, &c., at the county aforesaid, and within the jurisdiction of this court, with force and arms, in and upon one C. D., in the peace of the said commonwealth, then and there being, did make an assault, and him the said C. D., did beat, wound and ill-treat, and other wrongs to him the said C. D., then and there did, to the great damage of the said C. D., and against the peace and dignity of the Commonwealth of Pennsylvania. Assault and encouraging a dog to bite.(e) That A. B., of in the county aforesaid, labourer, on, &c., now last past, at B., aforesaid, in the county aforesaid, in and upon one C. D., an assault did make, and him the said C. D., did then and there beat, wound and abuse, and that he the said A. B., did then and there unlawfully incite, provoke and encourage a certain dog, belonging to him the said A. B., him the said C. D., then and there to beset and bite; by means whereof the same dog did then and there grievously bite the right leg of him the said C. D., whereby the said leg of him the said C. D., was grievously hurt and wounded, and his life greatly endangered, and other wrongs to the said C. D., then and there did, to the great damage of the said C. D., against, &c. Assault and tearing prosecutor's hair.(f) of That A. B., in the county aforesaid, labourer, on, &c., with force and arms, at in the county aforesaid, in and upon the body of one C. D. (in the peace of the said commonwealth then and there being), did make an assault, and her the said G. D., did then and there beat, wound and abuse; and that he the said A. B., did then and there unlawfully, violently, and cruelly seize and lay hold of the said C. D., by the hair of her head; and did then and there with great force, wrath and violence, pull and drag the said C. D., by (e) 3 Chit. C. L. 823; Cro. C. C. 145; Stark. C. P. 389; Davis' Prec. 58. the same; by means whereof he the said A. B., did then and there unlawfully, cruelly and brutally pull and tear the hair of the head of her the said C. D., off by the roots; and the head of her the said C. D., was thereby grievously wounded and hurt, and the said C. D. thereby put in great pain and torture; and other wrongs then and there did and committed, to the great damage of her the said C. D., against, &c. (Conclude as in book 1, chap. 3). Assaulting the driver of a chaise, and overturning the chaise with the wheel of a cart.(g) in the county of That A. B., of labourer, on, &c., with force and arms, at B., in the county aforesaid, in and upon one C. D., did make an assault; he the said C. D., being then and there in a certain chaise drawn by one horse, and in the public street and common highway there; and that he the said A. B., then and there. driving a horse drawing a cart, did, in the highway aforesaid, unlawfully, violently, wantonly and maliciously drive said horse, so as aforesaid drawing said cart, to and against the chaise aforesaid; and that by such driving, did then and there in the highway aforesaid, unlawfully, wantonly and maliciously force said cart against the said chaise, and thereby overturn, with one of the wheels of said cart, the said chaise in which the said C. D., then was as aforesaid; by means whereof, he the said C. D., was then and there grievously hurt, bruised and wounded; and other wrongs then and there did and committed, to the great damage of him the said C. D., against, &c. (Conclude as in book 1, chap. 3). Assault and beating out an eye.(h) in the county of That A. B., of widow (being a person of depraved and malicious disposition), on, &c., with force and arms, at aforesaid, in the county aforesaid, in and upon one C. D., violently did make an assault, and her the said C. D., did then and there beat, wound and ill-treat, and that she the said A. B., with her right hand, the said C. D., in and upon the left eye of her the said C. D., then and there unlawfully, violently and maliciously did strike; by means whereof the said C. D., then and there, the use, sight and benefit of her said left eye entirely lost and was deprived of; and also by means of the premises, she, the said C. D., became weak and sick, and remained so weak and sick, from thence, until the day of taking this inquisition, and other wrongs then and there did and committed, to the great damage of the said C. D., against, &c. (Conclude as in book 1, chap. 3). Assault and riding over a person with a horse.(?) That A. B., of in the county of labourer, on, &c., at B., aforesaid, in the county aforesaid, in and upon the body of one C. D., (g) Ib. 57. (h) 3 Chit. C. L. 822; Davis' Prec. 55, (i) 3 Chit. C. L. 823; Davis' Prec. 58 an assault did make, and him the said C. D., did then and there beat, wound and abuse; and that the said A. B., did then and there, unlawfully, maliciously and with great force and violence, ride and drive a certain horse, then and there under the guidance and command of him the said A. B., against, upon and over the body of the said C. D., whereby the said C. D., was then and there grievously wounded and bruised, and his life thereby greatly endangered; and other wrongs then and there did and committed, to the great damage of him the said C. D., against, &c. (Conclude as in book 1, chap. 3). [For assaults on a pregnant woman, see ante, “Abortion."] Assault by administering cantharides to prosecutor.(j) That defendant on, &c., at &c., in and upon one E. J., did make an assault, and then and there did unlawfully and maliciously administer aud cause to be administered to and taken by the said E. J., a large quantity, that is to say, two scruples of cantharides, the same being then and there a deleterious and destructive drug, with intent thereby to injure the health of the said E. J., and the said E. J. became in consequence thereof sick, sore and diseased, and disordered in her body, insomuch that her life was greatly despaired of, &c. (Conclude as in book 1, chap. 3). (Add count for common assault.) Assault with intent to kill an infirm person, by throwing him on the ground and beating him.(k) That A. N., late of the county aforesaid, labourer, on, &c., with force and arms, at and in the county aforesaid, in and upon one A., a man of colour, then and there being a deformed person, and by reason of his being such a deformed person, being unable to walk or otherwise to move himself from place to place, and also then and (j) This count was sustained in R. v. Button, 8 C. & P. 660. (k) Nixon v. People, 2 Scam. 267. On this case Browne J., said: “This was an indict. ment to commit murder, upon which Nixon was tried at the last April term of the White Circuit Court, and found guilty; and a motion made in arrest of judgment, which was overruled. "The errors assigned bring into full view such parts of the record as require particular attention from the court, and are as follows: 1. The facts set forth in the indictment below do not constitute the offence with which said Nixon was charged. 2. The indictment does not sufficiently describe the place where Adam was abandoned, so as to show that death would probably have been caused by such abandonment. 3. The indictment does not sufficiently set forth the means by which the offence charged was committed. 4. The court erred in refusing the motion for a new trial. "This indictment was brought under a statute of this state (R. L. 180, s. 52; Gale's Stat. 206), which provides, that an assault with an intent to commit murder, shall subject the offender to confinement in the penitentiary for a term not less than one year nor more than fourteen years. This indictment has every ingredient necessary to constitute a good one, under this statute. The offence is well set out. There may be a thousand forms of deaths by which human nature may be overcome, by poisoning, starving, drowning, &c. This differs from most cases of assault with intent to commit murder; it is more malignant, and discovers more depravity. But if one assault with intent to cominit murder differs from another, it makes it no less a crime. This one seems to be of a very atrocious character." there being deficient in voice, so as to be unable to call aloud, and in the peace of God and of the people of the State of Illinois then and there also being, unlawfully did inake an assault, and then and there forced and threw the said A. from a certain wagon, in which he, the said A., then and there was, to and upon the ground, the said ground then and there being frozen and very cold, and then and there did force and compel the said A. (so being such deformed person as aforesaid, and also by reason of his being such deformed person, being unable to move himself from place to place as aforesaid, and also being deficient in voice, so as to be unable to call aloud as aforesaid), then and there to lie upon the ground, so being frozen and very cold as aforesaid, and then and there did abandon and leave him, the said A., lying on the ground as aforesaid, to the great pain and torture of the said A., and to the great damage and impoverishment of his health and strength of body, with intent him the said A., by the means aforesaid, then and there feloniously, wilfully and of his malice aforethought, to kill and murder, and other wrongs to him, the said A., then and there did, to the great damage of him the said A., against, &c. (Conclude as in book 1, chap. 3). [See for "Assaults with intent," &c., post, p. 124 et seq., and also book v. chap. 12]. Assault with beating and wounding on the high seas. The jurors of the said United States, within and for the said district, upon their oath present, that C. W. C., mariner, and C. G. A., both late of Nantucket in said district, on, &c., in and on board of a certain ship or vessel called the J. M., then lying within the jurisdiction of a foreign state or sovereign, to wit, in the port of Paita, in Peru, the said J. M. then and there being an American ship or vessel belonging to certain persons citizens of the United States, whose names to the jurors aforesaid are as yet unknown, with force and arms, an assault did make in and upon one T. B., and him the said B. then and there, from malice, hatred and revenge, and without justifiable cause did beat and wound, he the said C. then and there being the chief-mate of said ship or vessel, he the said A. then and there being the third-mate of said ship or vessel, and he the said B. then and there being one of the crew thereof; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3). Assault on high seas, by binding the prosecutor and forcing an iron bolt down his throat. And the jurors aforesaid, on their oath aforesaid, do further present, that the said C. W. C. and C. G. A., both late of Nantucket in said district, on, &c., in and on board of a certain ship or vessel called, &c., then lying within the jurisdiction of a foreign state or sovereign, to wit, in the port of Paita, in Peru, the said J. M. then and there being an American ship or vessel belonging to certain persons citizens of the United States, whose names to the jurors aforesaid are as yet unknown, with force and arms, an assault did make in and upon one T. B., and him the said B. then and there, from malice, hatred and revenge, and without justifiable cause, did bind and imprison, and being so bound and imprisoned, did force into the mouth and between the teeth of him the said B., with great force and violence, an iron bolt called a pump bolt, and the same bolt did then and there bind and tie in the mouth and between the teeth of him the said B., and by the said forcing of the said bolt into the mouth and between the teeth of said B., did bruise and lacerate the lips and gums of said B., which said forcing of said bolt into the mouth and between the teeth of said B., and so binding and tying the same therein, was a cruel and unusual punishment; he the said B. then and there being one of the crew of the said ship, and they the said C. W. C. and C. G. A. being officers thereof, to wit, the said C. being then and there the first-mate, and said A. being then and there third-mate of said ship; against, &c., - and contrary, &c. (Conclude as in book 1, chap. 3). And the jurors aforesaid, on their oath aforesaid, do further present, that afterwards, to wit, on, &c., the said C. W. C. and C. G. A. were first apprehended in said District of Massachusetts, to wit, at Boston, which was the district in which the said C. and A. were first apprehended after the commission of the offence aforesaid. (1) Assault on high seas, with dangerous weapon. That late of the City and County of New York, in the district aforesaid, (state occupation), heretofore on, &c., with force and arms, on the high seas, out of the jurisdiction of any particular state of the said United States of America, on waters within the admiralty and maritime jurisdiction of the said United States and within the jurisdiction of this court, in and on board of a certain. American vessel, being a called the belonging in whole or in part to a citizen or citizens of the said United States, whose name or names are to the said jurors unknown, with a dangerous weapon, to wit, with a (state particularly the weapon and dimensions of the same), in and upon one in the peace of God and of the said United States, then and there being in and on board of said called the feloniously did commit an assault, to the against, &c., and against, &c. (Con great damage of the said clude as in book 1, chap. 3). Second count. That the said heretofore, on, &c., in and on board of a called the then and there certain American vessel, being a belonging and appertaining to a certain person or persons, then and still being a citizen or citizens of the said United States, whose name or names are to the said jurors unknown, with force and arms on the high seas, in and on board said out of the jurisdiction of any particular state of the said United States, on waters within the admiralty and maritime jurisdiction of the said United States, and within the jurisdiction of this court, with a dangerous weapon, to wit, with (1) See post, book v. chap. 6, for further forms on this head. |