Offence: Killing > murder
Verdict: Guilty > manslaughter
Punishment: Imprisonment > newgate
116. WILLIAM MARRIOTT otherwise MAYOT was indicted for making an assault, on the 16th of November last, in the parish of Stepney, Middlesex , on William Davenport , and then did cast and throw, and with both his hands and feet, in and upon the stomach, back, and sides of the said William Davenport , did feloniously, willfully, and with malice aforethought, strike, beat, and kick him, whereby the said William Davenport did languish, and languishing did live from the 16th of November, until the 19th of the same month, at which time the said William Davenport did die .
I am a brother of the deceased, William Davenport; he was a servant to Mr. Wade and Co. dealers in coals at Shadwell, and used to drive the coal waggon; the prisoner was in the employment of the same persons before: my brother took his team, and succeeded him in the same employment: the prisoner and my brother knew each other before this happened; and my brother informed me about a fortnight before they fought, that the prisoner had threatened to ill use him.
Mr. Garrow. Was you present when they fought? - I was.
Did you carry the challenge? - I did not.
And they had a desperate right? - Yes.
Was it not your brother that proposed
And by an unfortunate blow death ensued: your brother got a blow on the jaw and so he died? - Yes.
Your brother had been in the hospital for a salivation? - Yes, he had been out about five weeks, and was a strong man at other times.
NOT GUILTY of murder,
But GUILTY of manslaughter .
Imprisoned in Newgate for three months .
Tried by the first Middlesex Jury before Mr. Baron PERRYN.