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Red Book
No. 29
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peared to them pretty much intoxicated he walked up to Joel Hig-
genbottom and spoke to him, but the Witnesses did not hear what he
said. One of the witnesses swore Joel Higginbottom pushed him
from him and told him to go about his Business, he had nothing to
say to him. Another Witness also mentioned that Higginbottom
stepped a little back from him. presently after Dunn walked up to
Higginbottom Again. And Higginbottom instantly struck him with
his fist upon the head by which Blow Dunn fell backward on the
ground, and was carried into the House by his friends where he
complained of his head and appeared much disordered in his senses.
Dun received the blow on the Monday if I recollect right and lan-
quished till the Sunday following when he died. The Doctor ex-
amined the Head at the Inquisition, he found the Scull fractured
in the back part of the head which fracture penetrated to the Brain,
he trepanned the Skull and found a considerable Quantity of clotted
blood between the Bone and the Brains and opening the Membrane
enclosing the Brains found a Quantity of Pus .....
There was no Testimony that Dunn ..... towards the Prisoner with
" extended Arms ..... The Prisoner struck the Blow in " defense .....
of himself " I should in that Case instructed the Jury that he was
entitled to their Verdict. On the contrary I particularly examined
the Witness as to that point. They did not hear the Expressions he
uttered to the Prisoner but they declared there was nothing in his
Gestures appearance or manner which induced them to believe he
had the least Intent to assault or injure the Prisoner And I must
here mention a Circumstance which weighed with myself and I
believe with the Jury to satisfy us that the Prisoner himself did not
consider the blow that he struck to have been justifiable or done in
his own defence. For after the fray was over at Home when the
Death of Dunn was not apprehended the prisoner was uneasy for
what he had done telling Joyce that he had brought him into a
scrape, for he had been the means of bringing him there where he
had struck Dunn, who he expected would bring an action agt him
to recover Damages, and desired Joyce to go to Dunn and endeavour
to make up the matter for him. Joyce promised him he would pay
him any Damages or Expence he might be put to, as he had been the
occasion of it.
There was not a Circumstance to induce a belief of any ill will
subsisting between the Prisoner & deceased, on the contrary they
appeared to have but very little if any Acquaintance with each other.
The Prisoner appears to have had no Quarrel with any person but on
Joyce's account, and Blackstone not Dunn was the Object of his
Resentment. As the fracture was in the Back part of head, it
reduces it to nearly a certainty that it must have been occasioned by
his falling backwards with his head against the frozen Earth or
something else which might be placed there and not immediately
from the Blow Struck
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