Francis Winter, Killing > murder, 26th April 1693.

Reference Number: t16930426-45
Offence: Killing > murder
Verdict: Guilty
Punishment: Death

Francis Winter , otherwise called Captain Winter, who lived lately in White-Fryars , was arraigned and tried upon an Indictment of Murther, for killing one John Chandlor , with a Leaden Bullet shot out of a Blunderbus, value 10s. giving him a mortal Wound upon the Calf of his Right Leg, of the breadth of one Inch, and of the depth of three Inches; upon the 4th of July 1691, of which Wound so given by the said Francis Winter, he the said Chandlor died the 7th day of the same Month, in the Ward of St. Andrews Wardrobe ; the matter of Fact was after this manner; there being a Riot and a Mutiny raised in White-Fryars , by reason the Gentlemen of the Inner-Temple were offended at a Passage that leads from the Fryars into the Temple Walks, so would stop it up, which White-Fryars men opposing, the Gentlemen sent to acquaint the High Sheriffs of London (viz.) Sir Francis Child , and Sir Edward Clarke , who came by vertue of their Authority to appease the Rout; but they would not be persuaded to peace, but made a hot Resistance; and there were gathered together to the number of about fourscore, the Prisoner being at the head of them, as their Captain and Leader, presenting a Blunderbus against the Sheriffs Officers, shooting it against them; and the deceased Chandlor being unfortunately in the Croud to assist the High-Sheriffs, he was shot by the said Winter into the Calf of his Leg, as aforesaid; and he declared before his Wife, and others who were his Friends, that it was Captain Winter that shot him, for he knew him very well, and described him by his Garb, he having on a White Wastcoat, and a Cap button'd up on one side, in which Equipage the said Winter was in at the same time; all was very clearly and particularly proved against the Captain: And he had very little to urge in his own defence, only denied that he shot the said Chandlor, and that others shot beside him; but then the Court directed the Jury, as to point of Law in the matter; telling them, That where any Lawful Authority shall

be opposed by any Riot, or Riotous Assembly, this implied Malice in Law, in the Persons so offending, and they were all equally guilty; and consequently, if the Prisoner did not shoot Chandlor, yet he was guilty of Murther, because he did abet, promote, stir up, and maintain such a Rebellious and Unlawful Assembly; So the Jury having well considered of their Verdict, they brought the Prisoner in guilty of Murther.

[Death. See summary.]


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