The tryal and condemnation of Arundel Coke alias Cooke Esq; and of John Woodburne labourer, for felony, in slitting the nose of Edward Crispe Gent. Contrary to the 22 & 23 Car. II, cap. I intitled, An act to prevent malicious maiming and wounding; who were found guilty at the assizes held before the Right Honourable Sir Peter King knt. ... at Bury St. Edmonds, Tuesday the 18th of March 1721, and received sentence the day following / [Arundel Coke].

  • Coke, Arundel, -1722
Date:
1722
Catalogue details

Licence: Public Domain Mark

Credit: The tryal and condemnation of Arundel Coke alias Cooke Esq; and of John Woodburne labourer, for felony, in slitting the nose of Edward Crispe Gent. Contrary to the 22 & 23 Car. II, cap. I intitled, An act to prevent malicious maiming and wounding; who were found guilty at the assizes held before the Right Honourable Sir Peter King knt. ... at Bury St. Edmonds, Tuesday the 18th of March 1721, and received sentence the day following / [Arundel Coke]. Source: Wellcome Collection.

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    C ] .. But now the Indi&ment on this Statute; riffbr a certain patticufer^ Intent; for purpofely, ttialicioufly; and by: tying in wait, 'flitting ME1 Crifpes Nofe, with an.Intention in fo doing, to maim or disfigure : And you are to confider,^ whether the Ingredients riecellary th make this a Felony within the Statute, have been proved to your Satisfaction. The FaCts neceflary to be proved on this Indictment are, That or? Purpofe, and of Malice forethought, and by lying in wait, they unlawfully flit the Nofe of Mr. Cnfpe, with Intention, in fo doing, to maim or disfi¬ gure. As to the FaCt of flitting the Nofe, that is direCtly and pofitiV'e- iy fworn : There can be no doubt but that it was an unlawful flitting. Then the next thing for your Confideration will be, whether this un¬ lawful flitting was on Purpofe, of Malice forethought, and by lying in wait. As to this, a great deal of Evidence hath been given; ana what pafs’d before, and at the Time of the Fad, will guide you herein. And if on a Review of the Evidence, you lhall be of Opinion, that this unlawful flitting of the Nofe was on Purpofe, of Malice fore¬ thought, and by lying in wait; then the next Queflion will be, Whe¬ ther this was with an Intention to disfigure ? Fads do in fome meafure explain themfelves; and the Circum fiances preceding and accompany¬ ing thofe Fads, and the Manner of doing them, do many times more fully explain and declare the Intent of the Party. The Prifoner, Mr. Cokey which Defence goes both to him and Woodburne, infills, That their Intention was to murder, and not to maim ; and that if they did maim or flit the Nofe, it was with an Intention to kill, and not with an Intention to maim or disfigure. On the other Side, it is infifled on by the King’s Counfel, That tho’ the ultimate Intention might be to murder, yet there might be alfo an Intention to maim and disfigure; and tho' the one did not take effeCl, yet the other might: An Intention to kill, doth not exclude an Intention to maim and disfigure. The In- flrument made ufe of in this Attempt was a Bill or Hedge-hook, which in its own Nature is proper for cutting and maiming; and where it doth cut or maim, doth neceflarily, and by Confequence disfigure. The Attempt intended on Mr. Cnfpe was immediately to his Perfon, to do him a perfonal Injury. Befides, the Manner of doing and perpetrating this FaCl is proper to be confidered ; That it was done done by Vio¬ lence, and in the dark, where the Aflailant could not well make any Diflindion of Blows; but knock’d and cut on any Part of Mr. Crifpes Body where he could, till he had funk him down, and done to him whatever elfe he pleas’d. And if the Intention was to murder, you are to confider, whether the Means made ufe of, in order to efled and ac- complifli that Murder, and the Confequences of thofe Means, were not in the Intention and Defign of the Party ; and whether every Blow and Cut, and the Confequences thereof, were not intended, as well as the End for which it is alledg’d thofe Blows and Cuts were given. All thefe feveral things, which I have mentioned, are proper for your Confideration : You will add to them your own Obfervations ; and if, upon the whole, you are fatisfied from the Evidence, that Woodburne did on purpofe, and of Malice forethought, and by lying in wait, unlawfully flit the Nofe of Edward Crifpe, with Intention, in fo doing, to maim or disfigure ; and that Arundel Coke was felonioufly prefent at the Commiflion of this Fad, and aiding and abetting therein ; then you G will