Upon two indictments, the one for murther, the other upon the Statute of Stabbing; it was found specially, that before 15 Junii, which was the time laid in the indictment, the prisoner hired Wells, now killed, into his service as a gardiner, that 15 Junii, Wells being then in his service, the prisoner sent another servant to Wells to fetch the key of his garden, with an intent to discharge Wells from his service; Wells refused to send the key, the other servant told Keat, that Wells refused, andc. super quo Keat fetched his sword, came into the kitchen and expostulated with Wells concerning the key, WelIs said he should have it if he would ; upon this Keat drew his sword and struck Wells, and cut him on the head with it ; Wells endeavoured to have struck Keat with a sney’d (or handle) of a scythe, but the rack of a chimney was in the way, but he punch’d him with the sney’d, and followed him into the middle of the room punching at him, then Keat run him thro’ the body, whereof he died.
Cowper pro Rege. The verdict is not well as to the time, but I must take the several facts to succeed one another in the same order as they are set down in the verdict.
Citations:
[1724] EngR 520, (1724) Comb 406, (1724) 90 ER 557 (B)
Links:
Crime
Updated: 05 May 2022; Ref: scu.389624