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![handle is hein.slavery/ssactsengr0535 and id is 1 raw text is: 168 REGINA V. WILLIAM JONES AND JAMES M'DONALD 1 DEN. 101.
The prisoner was convicted before Mr. Baron Rolfe at the Summer Durham
Assizes, 1845, on an indictment founded on the 5th section of 1 Vict. c. 85.
The first count charged that the prisoner feloniously made an assault on Patrick
Crawford, and then and there feloniously, unlawfully and maliciously did cast and
throw upon the said Patrick Crawford, certain destructive matter, to wit, one quart
of boiling water, with intent in so doing then and there, and thereby him the said
Patrick Crawford to burn, and him the said Patrick Crawford thereby then and there
did grievously burn against, &c. &c.
The other three counts differed only in this, that instead of burning, the injury
being alleged to have been intended and effected was in the second count disfiguring,
in the third disabling ; and in the fourth, doing grievous bodily harm.
The prisoner was the wife of Patrick Crawford, and it was proved very clearly
that when her husband was asleep, she, under the influence of jealousy, boiled a
quart of water in a coffee-pot and poured it over his face and into one of his ears, and
ran off boasting she had boiled him in his sleep. The injury was very grievous. The
man was for a time deprived of sight, and has frequently lost for a time the hearing
of one ear. The learned Baron thought it doubtful, however, whether boiling water
is destructive matter within the meaning of the statute, and therefore respited the
judgment and reserved the case for the opinion of the Judges.
[101] This case was considered by the Judges, and all present held the conviction
right.
Parke B., Patteson J., Coleridge J., Cresswell J., and Platt B., were absent.
1845.
REGINA V. WILLIAM JONES AND JAMES M'DONALD.
(An indictment under stat.,7 Vict. c. 2 (for the more speedy trial of offences committed
on the High Seas) need not contain an averment that the offence was com-
mitted within the jurisdiction of the Admiralty.)
[S. C. 2 Car. & Kir. 165. Referred to, R. v. Cunningham, 1859, Bell, C. C. 72.]
The prisoners were tried and convicted before Mr. Baron Rolfe at the Liverpool
Summer Assizes, 1845, for stealing from the person.
By 7 Vict. c. 2, entitled An Act for the more speedy trial of offences committed
on the high seas, it was enacted that Her Majesty's Justices of Assize or others
Her Majesty's Commissioners by whom any Court shall be holden under any of Her
Majesty's Commissions of Oyer and Terminer or General Gaol Delivery shall have
severally and jointly all the powers which by any Act are given to the Commissioners
named in any Commission of Oyer and Terminer for the trial of offences committed
within the jurisdiction of the Admiralty of England, and that it shall be lawful for
the first mentioned Justices and Commissioners, or any one or more of them, to
inquire of, hear, and determine all offences alleged to have been committed on the
high seas and other places within the jurisdiction of the Admiralty of England, and
to deliver the gaol in every county and franchise within the limits of their several
commissions of any person committed to or imprisoned therein for any offence
alleged to have been committed upon the high seas and other places within the juris-
diction of the Admiralty of England.
[102] Sec. 2. That in all indictments preferred before the said Justices and
Commissioners under this Act, the venue laid in the margin shall be the same as if
the offence had been committed in the county where the trial is had, and all material
facts which in other indictments would be averred to have taken place in the county
where the trial is had shall in indictments prepared and tried under this Act be
averred to have taken place on the high seas.
There were two counts in the indictment against the prisoners. The first count
was as follows :- The jurors for our lady the Queen upon their oath present that
William Jones, late of the borough of Liverpool, in the county of Lancaster, labourer,
and James M'Donald, late of the same borough, in the same county, labourer, hereto-
fore, to wit, on the third day of July, in the year of our Lord 1845, on the high seas
with force and arms one piece of the current gold coin of the realm called a half
sovereign, of the value of ten shillings, three pieces of the current silver coin of the
realm called half-crowns, of the value of two shillings and sixpence each, and one
piece of the current silver coin of the realm called a sixpence, of the value of sixpence,
and one purse of great value, to wit, of the value of ten shillings, of the moneys,](ViewImageLocal?handle=hein.slavery/ssactsengr0535&div=1&collection=&method=preview&ext=.png&size=3)