6. Daniel Jackson , of St. George, Bloomsbury , Shoe-maker , was indicted, for that he not having GOD before his Eyes, &c. on the 28th of Nov . on Hannah, his Wife, did make an Assault, and with a certain Pistol, value 12 d. charged with Powder, and small leaden Shot, which he had, &c. in his right Hand, to, and against the said Hannah, he did shoot off and discharge, he well knowing it to have been loaden as aforesaid, &c. and by the Force of the Powder, &c. on the upper Part of the Back, near the left Shoulder, did strike and penetrate; giving her, &c. one mortal Wound, of the Depth of three Inches, and Breadth of two Inches, of which she instantly died .
He was a second Time charged by Vertue of the Coroner's Inquisition for the said Murder.
Michael Moore . I took the Prisoner and the Deceased into my Coach at Piccadilly , and sat them down at the upper End of St. Giles's . The Prisoner pull'd a Pistol out of a green Bag, and flash'd it; the Deceased screamed out; and he said, my Dear I know what I am doing of. He then was enquiring for a Gunsmith (as he said) to sell the Pistols, and just as we were got to the Door, I heard a Pistol go off; I immediately turn'd about and saw the Deceased lying dead on the Ground, the Pistols at the Prisoner's Feet, and his Hand bloody. I asked him what he had done? he said, it was his poor dear Sister, the youngest of three, and if he had killed her, he must be hang'd. I did not know that he had Pistols, 'till I saw him draw one from under his Arm; and I was going to knock at the Gunsmith's Door when I heard the Report of the second Pistol.
Jury. Did he present the first Pistol at the Woman?
Moore . I can't say it was more to her than to me, for we were all three a-breast, and nobody was by, for it was a dark Night, and it rain'd very hard.
Margaret Lee . I saw the Prisoner and the Deceas'd married, in the middle of November, 1738, and since that Time, he has used her very ill. On the 10th of October last, he struck her on the left Side, and broke her Lip; the Tuesday after, he gave her a black Eye, and about a Week before she was kill'd, she told me, she was afraid Mr. Jackson would murder her. I charged him twice with using her ill, and he own'd it, and said, he would do so no more. I desired her to come from him, and she did so, but went to him again.
Mr. Macdonnal. I was with the Deceased about a Month , and then the Prisoner used to beat her, and knock her down with his Fist. One Time after he had beat her, he beat me out of the Room, because I told him he would murder her. He had a Hanger, and she us'd to hide it (she said) for fear he should kill her. On the Friday was sevennight , before the Murder, she was going to Mrs. Lee's, and he met her in the Entry, and asked her where she was going? he then struck her across the Nose, and made her bleed sadly.
Thomas Martin . The Deceased came to my House, the Friday Night before she was kill'd, and desired to lie there. She said she had been grosly abused by her Husband a long while, and she could not bear it; she then had two black Eyes, which she said were given her by the Prisoner.
Mr. Lewis, Surgeon. I inspected the Body of the Deceased, and found two Wounds, one on the Forehead, and the other on the upper Part of the Back, which was Mortal, and the Cause of her Death. It had penetrated through the Vertebre, and broke the Ribs. These Shot I took out of the Body, but there are a great many left behind; and I apprehend the Pistol must be held quite close to the Body, to make such a Wound as this; for which I have two Reasons; the first is, if the Pistol had been at some Distance from the Body, the Shot would have seperated, whereas they all went in at one Orifice: My other Reason is, because the Lips of the Wound were actually burnt with the Powder. I believe the Pistol must likewise be held upwards, for the Wound penetrated obliquely downwards, and I think it could not be under his Arm, but even with this Posture.
Mr. Colebroke, Surgeon, confirm'd the above Deposition.
A Witness. This is the Pistol which flash'd in the Pan; it is ten Inches in the Barrel, and loaded 8 Inches deep.
Thomas Levett . I am a Constable, the Prisoner was brought to my House by two Coachmen on the 28th of Nov. he said he believ'd he had killed his Sister, and was afraid she was dead. I asked him how he came to do it, and he said we might hang him, or do what we would with him, for he was afraid the poor Girl was dead.
The Morning before this happen'd, I was going out thinking to receive 30 l. and she went with me, but being disappointed of the Money, I took these Pistols out to Sell, and we went to my Mother's in Clarges-Street to Dinner. I went from thence when I had din'd, and left the Pistols with her, I came again, and as we were going along Piccadilly in our Way Home, it Rained, so I took her to a Tavern, and we dry'd ourselves by the Fire; she then wanted a Coach, and she said, as I had no Money she knew where to sell the Pistols, so I got a Coach, and she directed the Coachman where to stop; and as I was pulling one out of the Bag, it snapp'd, I took the other out by the Head, and that went off; I was quite stupid, and don't remember any Thing afterwards.
Hester Jackson , the Prisoner's Mother. They lived very lovingly for any Thing I know; I have been at their House, and never observ'd her to be bruised: I did once see a little yellow Speck about her Eyes, but I never asked the Occasion of it.
Prisoner. My Wife has often desired a 'Prentice of mine to shew her how to load a Pistol, she has seen him do it, and I believe she loaded these herself. Guilty , Death .