Volume 10, Page 143 View pdf image (33K) |
Court and Testamentary Business, 1649 50.143
Said Clark laden with powder and Shott and laid upon a table Liber B. in the Said house where the Said Langworth Soon after comeing in and takeing the Same into his hands the Mischief before menconed thereupon ensued of which the Said Attorney was ready to make proof, And on the Ld Propriary's behalf prayeth that the Court would proceed against the Offenders in the premisses according to Justice and the nature of the Offence, That Soc his Lordp and the Government might be discharged in that behalf. And the Said Clark and Langworth being thereupon brought to their Answered acknowledged in Open Court that the Sd Phillip Anther was accidentally and unfortunately killed by the discharge of Mr Clark's Pistol in the hand pf the Said Lang- worth unawares without any thought or Intention in either of them of any harm to the Said Anther. Whereupon by appointment of the Court a Jury was Impan- nelled for the tryall Vizt Lieutent Richard Bancks Lt Wm Evans Mr Phillip Land Edward Cotton William Whittle Mr John Lawson Mr John Lewger Henry Cox William Edwyn W ffrancis Brookes John Shertcliff and Walter Pakes who being Sworn in Open Court had their Charge given them upon their Oaths as followeth:
The Charge of the Jury. To give in a Just and true verdict to the best of your Judgmt and Skill upon the Evidence to be produced to you how and by whome Phillip Anther was killed and whether the Author or authors thereof did doe the Same Maliciously or willfully or else unwittingly and unfortunately, And if you find it only to be an unwilling and unfortunate accident without any Intention p. 276 of Evill in the Actors In that Case to inform the Court by your verdict by whose carelessness means or defalt the Same hap- pened and in what respect After which the Said Jurors having Spent Some time upon the Tryall brought in their Joint Verdict in these words following V1Zt
The Jurors Verdict We find that Phillip Anther was accidentally and unwittingly killed by James Langworth. Neither doe We find negligence or carelessness in either party Upon which Verdict this Court after Some debate of the Matter thought flu and doth hereby acquitt the Said Robert Clark in every respect touching Phillip Anther's death And doth ffine James Langwonth in that respect ffive hundred pounds of Tobacco and Cask to the Lord Proprietary, And doth Order him to pay all Court Charges 1 April 1653 Execuc mdc ad Satisfaciend
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Volume 10, Page 143 View pdf image (33K) |
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