158 MARYLAND COURT OF APPEALS

County of Ann Arundell Gentleman The fear of God before their Eyes not
having but seduced by the instigation of the Devill the Eighth day of May
in the Nineth Year of the Reigne. of our said Lady the Queen that now is on
board A certain Sloop calld the Sarah of Maryland in Chescapeake bay (that
is to say) in the County of Ann Arundell aforesaid with force and Arms (to
witt Swords Daggers Gunns and Pistolls upon A certain Thomas Graham
Merchant in the peace of God and the Queen the same Eighth day of May
in the aforesaid Ninth Year of the Reigne of our said Lady the Queen that
now is on board the same Sloop in the bay aforesaid Within the County
aforesaid being an Assault did make and the aforesaid Thomas Machemara
A certain Holster or horse pistoll of the Value of Two shillings sterling
charged with powder and three small Leaden Bulletts comonly called High
Swan Shott which the same Thomas Machnemara then to witt the eighth
day of May in the Nineth Year of the Reigne of our said Lady the Queen
that now is on board the Sloop aforesaid in the County aforesaid in his right
hand had and held in and upon the same Thomas Graham then the same
Eighth day of May in the Nineth Year of our said Queens Reigne that now
is on board the Sloop aforesaid in the Bay aforesaid within the County afore-
said felloniously Wilfully and of his malice forethought discharged and then
and there with the aforesaid three Leaden Bulletts so out of the Pistoll afore-
said by him shott struck the said Thomas Graham therewith giving unto
him one Mortall blow and Wound in and upon the left shoulder of the
length of one finger and breadth of One finger and depth of Two fingers of
which said Mortall blow and wound the aforesaid Thomas Graham at the
County aforesaid from the aforesaid Eighth day of May aforesaid in the Year
aforesaid untill the Twenty fourth day of the [234] same Moneth of May in
the Year aforesaid Languished and on the aforesaid Twenty fourth day of
May aforesaid in the Year aforesaid at the County aforesaid of the same mor-
tall blow and Wound Dyed And that the aforesaid John Mitchell the afore-
said Eighth day of May in the Nineth Year of our said Lady the Queens
reigne aforesaid on board the Sloop aforesaid in the bay and County afore-
said felloniously and of his Malice premeditated was present abetting com-
forting procuring Assisting and maintaining the said Thomas Macnemara
felloniously to doe and Comitt the fellony and Murther aforesaid in Man-
ner and forme aforesaid against the peace of our said Lady the Queen that
now is her Crowne and dignity and so the Jurors aforesaid say Upon their
oaths that the aforesaid Thomas Macknemara and John Mitchell the said
Thomas Graham the aforesaid Twenty fourth day of May in the Nineth
Year of the Reigne of our Sovereigne Lady the Queen that now is in the
County aforesaid felloniously willfully and of their Mallice forethought fel-
loniously Killed and Murthered against the peace of Our said Lady the
Queen her Crowne and Dignity, W Bladen Att Gen^ll followeth for our Lady
the Queen; Wittnesses M^r Amos Garrett Mad^m Lloyd M^r Jn^o Gresham Jun^r