Joseph Barret , of St. Giles's in the Fields , was indicted for the Murder of James Barret , (his Son, aged 11) by flinging him down, and giving him a mortal Bruise on the left Side of the Head of which he instantly died . He was a second Time indicted on the Coroner's Inquisition for the said Murder; to both which Indictments he pleaded Not Guilty.
Thomas Belcher depos'd, That he saw the Deceas'd on the 29th of Decemb. about Noon at the Vault, that going in, his Father, the Prisoner followed him, and the Deceas'd having shoul'd himself the Prisoner kick'd him, and call'd him Dog and Son of a B - h; and going up Stairs the Deceas'd followed him, and then the Prisoner turned, and kick'd him on the Head without Provocation, repeating it again at the Stair-Case. The Prisoner desired this Deponent might be ask'd, If he did not know the Deceas'd followed bad Courses? To which be answered, He only heard of this once staying out all Night. Elizabeth Nichols depos'd, That she saw the Deceas'd in Bed some Time before this happen'd, and that he was without a Shirt, and his Arms were beat black and blue; that he got out of Bed, and would have made use of the Pot, but his Father would not suffer it, saying, he should go down, which he did, and returning, his Father said, he had foul'd himself before he got to the Vault; that the Prisoner then shov'd him, that he fell, and he then kick'd him on the Head; that this Deponent then said, The Boy is dying, the Prisoner said, he is only fallen, and taking a Cat of Nine Tails, he hit him two or three Slashes as he lay on the Ground, that after the Prisoner kick'd or stamp'd on him he never spoke more, but gave 14 or 15 Breathes, and then departed. This was likewise confirm'd in every particular by another Evidence, they both agreeing that the Deceas'd was very weak, and could scarcely creep up and down Stairs. Mr. Rainby the Surgeon depos'd, That he being desir'd by a Neighbouring Justice to examine the Body, he observed it to be bruised in several Places, particularly the Head: for dividing the common Teguments, a Confusion, with a small Tumour without a Wound, appeared on the Left side, extending from the sore, to the back Part; the Skull being laid bare, there was no Fracture nor Depression, which he said might probably to owing to the Tenderness of the Bony Fibres in so young a Subject, and taking off the upper part of the Cranium, and dividing the external Membrane of the Brain, a great Quantity of extravasated Blood lay between this and the Membrane that immediately covers it, which must have been occasioned by some Violence, and very likely the same that produced the external Contusion, and was undoubtedly the Cause of his Death. Some witnesses appeared in Behalf of the Prisoner, to prove that he had before this Time been a very loving, indulgent Father to the Deceas'd: But the present Fact appearing plain, the Jury found him Guilty . Death .