in the year afore day of the same said, and continually from thence until the month, did confine and imprison, and continually, from the said day of in the year aforesaid, until the said day of the same month, feloniously, wilfully, and of his malice aforethought, did neglect and refuse to give and administer, or permit to be given and administered, to her the said being so confined and imprisoned as aforesaid, sufficient meat, drink, victuals, and other necessaries proper and requisite for the sustenance, support, and maintenance of her body; by means of which said confinement and imprisonment, and also for want of such sufficient meat, drink, victuals, and other necessaries as were proper and requisite for the sustenance, support, and maintenance of the body of her the said she the said from the said in the year aforesaid, until the said day of the same month, in the said closet, at the parish aforesaid, in the county aforesaid, did linger and pine, and became greatly emaciated, and consumed in her body, and during all that time did languish, and languishing did live; on which said. day of day of in the year aforesaid, she the said at the parish aforesaid, in the county aforesaid, of such confinement and imprisonment, and for want of such sufficient meat, drink, victuals, and other necessaries as were proper and requisite for the sustenance, support and maintenance of her body, did miserably perish and die; and so the jurors aforesaid, upon their oath aforesaid, do say, that the said her the said in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder, against the peace and dignity of the commonwealth. (H) Indictment against a widow for drowning her own child in a pond. county, to wit. The jurors, &c. upon their oath present, that rish of in the county of the devil, on the day of late of the pa widow, not having the fear of God before her eyes, but being moved and seduced by the instigation of in the year , with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one the daughter of her the said (she the said then and there being an infant of tender years, to wit, about the age of two years, and in the peace of God and the commonwealth) feloniously, wilfully, and of her malice aforethought, did make an assault; and that the said then and there, feloniously, wilfully, and of her malice aforethought, did take the said in both hands of her the said and did then and there feloniously, wilfully, and of her malice aforethought, cast, throw, and push the said into a certain pond there situate, wherein there then was a great quantity of water; by means of which said casting, throwing, and pushing of the said into the pond aforesaid, by the said in form aforesaid, she the water aforesaid, was then of which said choaking, then and there instant said ly died; and so the jurors aforesaid, upon their oath aforesaid, do say, that the said her the said in manner and form aforesaid, feloniously, wilfully, and of her malice aforethought, did kill and murder, against the peace and dignity of the commonwealth. (1) Indictment for felony and murder, by stabbing with a knife. day of The jurors, &c. upon their oath present, that A S, late of the parish of in the county of labourer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the in the year with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one J M, in the peace of God and of the commonwealth then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and that the said A S, with a certain knife, of the value of six pence, which he the said AS, in his right hand, then and there had and held, the said J M, in and upon the left side of the belly, between the short ribs of him the said J M, then and there feloniously, wilfully, and of his malice aforethought, did strike and thrust, giving to the said J M, then and there, with the knife aforesaid, in and upon the aforesaid left side of the belly, between the short ribs of him the said J M, one mortal wound, of the the breadth of three inches, and of the depth of six inches, of which said mortal wound the said J M, from the said day of in the year aforesaid, until the day of the same mouth of in the year aforesaid, at the parish aforesaid, in the county aforesaid, did languish, and languishing did live; on which said day of in the year aforesaid, the said J M, at the parish aforesaid, in the county aforesaid, of the said mortal wound died; and so the jurors aforesaid, upon their oath aforesaid, do say, that the said A S, the said J M, in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and mur der, against the peace and dignity of the commonwealth. HORSE-STEALING. HORSE-STEALING was formerly punished with death (see 1 Rev. Code, p. 175.) By the penitentiary law of 1796, every person convicted of horse-stealing, or as accessory thereto, before the fact, shall restore the horse, mare, or gelding stolen, to the owner or owners thereof, or pay him, her, or them, the full value thereof, and was to undergo a confinement in the penitentiary for a period not less than two nor more than seven years (see 1 Rev. Code, p. 356, sect. 6.) but by act of 1803, the period of confinement for horse-stealing is extended to not less than five nor more than ten years. See 2 Rev. Code, p. 70, sect. 1. A person apprehending a horse-stealer, who is convicted, is entitled to a reward of twenty dollars from the treasury, on a certificate from any circuit court, that the claimant was the apprehender, and either that he was not examined as a witness at the trial, or that the other evidence then given was sufficient, without his testimony, to convict the prisoner. 1 Rev. Code, p. 179, sect 4. The legal representatives of one killed in endeavouring to appre hend a horse-stealer, shall receive one hundred and seventy dollars from the treasury, on warrant of the auditor, which he is directed to issue, upon a certificate under the hands and seals of two justices of the peace of the county where the fact was committed, that such person was so killed; which certificate the justices, upon sufficient proof before them made, are required immediately to give. 1 Rev. Code, p. 179, sect. 5. For proceedings against receivers of stolen horses, see title' Ac CESSORY.' (A) Certificate of the two justices. county, to wit. We JP and K P, two of the commonwealth's justices of the peace for the county of aforesaid, do hereby certify to the auditor of public accounts, that it hath been fully proved to us that A D, late of, &c. was killed within this county, on the last, by endeavouring to apprehend G H, a horse-stealer. Given under our hands and seals, this day of day of in the year J. P. [seal.] K. P. [seal.] (B) Warrant against a horse-stealer. county, to wit. Whereas A J, of in the year hath this day made oath before me, J P, a justice of the peace for the county aforesaid, that on or about the day of a certain (describe the kind, whether horse, mare, gelding, foal, or filly, by its colour, age, size, &c.) was stolen from the said A J, in the county of and that he hath good cause to suspect, and doth suspect, that BO, of lead away the said did steal, take and These are, therefore, to command you forthwith to apprehend the said B O, and bring him before me, or some other justice of the peace for the said county of to answer the said charge, and further to be dealt with according to law. Given under my hand and seal, &c. Το to execute. county, to wit. (C) Mittimus. Το constable, and to the keeper of the jail of the said county. Whereas BO, of hath been brought before me, J P, a justice of the peace for the said county, by virtue of my warrant, charged on oath of A J, of with having stolen from him a certain horse, &c. (describe the kind.) These are to command you, the said constable, to convey the said B O to the jail of the said county, forthwith, and deliver him to the keeper thereof, who is hereby also required to receive the said B O, and keep him in his jail and custody, till he be thence discharged by due course of law. Given under my hand and seal, &c. For a warrant to convene a court of examination, and other precedents, see title CRIMINALS.’ Indictment for horse-stealing. county, to wit. The jurors for the commonwealth, &c. upon their oath, present, that A Ŏ, late of the parish of labourer, on the day of in the county of in the year aforesaid, and in the year of the commonwealth, with force and arms, at the parish aforesaid, in the county aforesaid, one gelding of a bay colour, of the price of dollars, of the goods and chattels of one A J, then and there found, feloniously did steal, take, and * lead away, against the peace and dignity of the commonwealth. HOUSE-BREAKING, see BURGLARY and LARCENY. HUE AND CRY. THIS method of pursuing felons being authorised by the common law, and recognized by some statutes, it might be improper to omit it, though it is seldom used in this commonwealth. Lord Coke saith that hue and cry (called in ancient records hutesium et clamor) do mean the same thing, for that huer in French is to hoot or shout, in English to cry. 2 Inst. 173. 3 Inst. 116. But since it appeareth by old books (of which also Lord Coke maketh mention, 2 Inst. 173) that hue and cry was anciently both by horu and by voice, seem that these two words are not synonimous, but that this. $m or hooting is by the horn, and crying by the voice; • For stealing a horse, &c. (instead of carry away) say lead away; for oxen, cows, sheep, &c. drive away. with which also accordeth the French word hutchet, which signifieth a huntsman's horn. So that hue and cry in this sense will properly signify a pursuit by horn and by voice. Which kind of pursuit of robbers, by blowing a horn, and by making an outcry, is said to be practised also in Scotland. 2 Burn's Just. 434. And this blowing of a horn by way of notice or intelligence, in other cases as well as in the pursuit of felons, seemeth to have been in use of very ancient time, for amongst the laws of Wihtred king of Kent, in the year 696, this is one; that "if a stranger go out of the road, and neither shout nor blow a horn, he shall be taken for a thief." Ibid. 435. Hue and cry is the old common law process after felons, and such as have dangerously wounded any person. And this hath received great countenance and authority by several statutes. 2 H. H. 98. See 1 Rev. Code, p. 126, sect. 18. When any felony is committed, or any person is grievously and dangerously wounded, or any person assaulted and offered to be robbed, either in the day or night; the party grieved, or any other, may resort to the constable of the vill; and, 1. Give him such reasonable assurance thereof, as the nature of the case will bear. 2. If he knows the name of him that did it, he must tell the constable the same. 3. If he knows it not, but can describe him, he must describe his person, or his habit, or his horse, or such circumstance as he knows, which may conduce to his discovery. 4. If the thing be done in the night, so that he knows none of these circumstances, he must mention the number of the persons, or the way they took. 5. If none of all these can be discovered, as where a robbery, or burglary, or felony, is committed in the night, yet they are to acquaint the constable with the fact, and desire him to search in his town for suspected persons, and to make hue and cry after such as may be properly suspected, as being persons vagrant in the same night; for many circumstances may ex post facto be useful for discovering a malefactor, which cannot be at first found. 2 H. H. 100, 101. S Inst. 116. For levying hue and cry, although it is a good course to have the warrant (A) of a justice of the peace, when time will permit, in order to prevent causeless hue and cry; yet by the frame of the statutes, it is by no means necessary, nor is it always convenient; for the felon may escape before the warrant be obtained, and hue and cry was part of the law, before justices of the peace were first instituted. 2 H. H. 99. And the duty of the constable is, to raise the power of the town, as well in the night as in the day, for the prosecution of the offender. 3 Inst. 116. And upon hue and cry levied against any person, or where any hue and cry comes to a constable, whether the person be certain or uncertain, the constable may search suspected places within his vill, for the apprehending of the felons. 2 H. H. 103. But though he may search suspected places or houses, yet his entry must be by the doors being open; for he cannot break open doors barely to search, unless the person against whom the hue and cry is levied be there, and then it is true he may; therefore, in case of such a search, the breaking open the door is at his peril, namely, justifiable, |