Peter Peircey, William Jones.
11th July 1726
Reference Numbert17260711-52
VerdictNot Guilty; Guilty

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Peter Peircey alias Kelly , and William Jones were indicted for the Murder of Christopher Fox , Peircy, by giving him with a Bayonet, one Mortal Wound on the right side of the Breast near the Collar Bone, of the length of one Inch, and the depth of 4 Inches, July 9 . of which he instantly dyed; and Jones for being present, aiding and abetting him in the said Murder . They were a 2 d Time indicted on the Coroners Inquests for the same.

John Smith Senior thus depos'd. I live at the Sign of the Last, the corner of New Inn Yard by Holywell Dunghill , and hearing a noise upon the Hill, I went out to see what was the matter. I found several People there, and among them the 2 Prisoners, and 3 other Soldiers. One of the Soldier s whose name is William Newsham , was in a quarrel with a Baker. The Soldiers took Newsham's part, and the other People stood up for the Baker. I advis'd them not to fall out, but to agree and be Friends; And I was in hopes they would have taken that advice, for the Prisoner Jones was going away, but Bullock another of the Soldiers, came up to the Baker, and said, Sirrah you are a Scoundrel, and he shall thrash you, and so the Baker and Newsham, fell to fighting. The Baker was too hard for Newsham, which the Soldiers perceiving, one of them help'd up Newsham when he was down. The Deceas'd standing by said, that that was not fair play, upon which the Prisoner Jones, knock'd him down, and then struck at me, which my Son seeing be Collar'd Jones, and in strugling they tumbled one another down the side of and the Deceas'd went after them. Most of the Soldier's Arms, and some of their Cloths, lay on a heap together; The Prisoner Peircy went to that heap. and took out a Sword or a Bayonet. I am not certain which, and ran down the Hill after the rest.

John Smith Junor depos'd to the same effect, and thus added. While I was strugling with Jones at the bottom of the Hill, Peircy came down and struck me with his Stick. What he did afterwards, or who kill'd the Deceased I cannot be certain, for Jones and I were closely engaged, and had fast hold of one another, when the Murder was done.

Elizabeth Clark thus depos'd. - Jones knock'd down the Deceas'd, - young Smith and Jones tumbled down the Hill together, the Deceas'd went after them, and the Prisoner Piercy follow'd the Deceas'd and knock'd him down, and as he was rising again, before he was quite up, I saw Peircy Stab him in the Body with a Bayonet, I think they call it by that Name. - it was shorter and broader than a Sword. - The Deceas'd fell on his Face, and at the same time Smith had hold of the other Prisoner Jones.

Darby Queen (a Boy) thus depos'd. - Peircy went to the Cloths, took up the Bayonet, or a Sword, (I dont very well know one from the other,) and he had a Stick in his Hand besides. He run down the Hill, and knock'd down the Deceas'd, - not quite flat upon the Ground, but within a little of it; And as he was rising again, with his Arms stretch'd out in this Posture, - Peircy stuck the Bayonet into his Body; and then Peircy setting his Back against a Bank, waved his Sword (or Bayonet) about to keep the People off - I saw nothing in the Deceas'd Hand, when Peircy kill'd him.

Robert French thus depos'd: - I saw both the Prisoners with their Arms. - My Back was turn'd when the Stab was given, but I and Smith immediately seiz'd the Prisoner Peircy, with the Bayonet in his Hand, which with some difficulty we wrested from him. Jones was then about ten Yards off the Deceas'd.

John Mandit the Surgeon depos'd. That the Wound was between the second and third Rib, that he prob'd it 5 Inches deep, that he believed it was given with some such Weapon as a Bayonet, and that it was Mortal.

Peircy then made his Defence, While I was a top of the Hill, I heard that Jones was in danger of being Murder'd, and running down to his Assistance, met a Man with a Bayonet, with which he made a Pass at me. I knock'd it out of his Hand, and just at that time, Smith and French laid hold of me - Thus Peircy. Then Jones. When the Man was kill'd I was closely engaged with Smith, and had my Sword and Stick in my Hand.

John Cawary depos'd. That he saw Peircy soon after he was seiz'd, and he had then no Weapon in his Hand.

Ann Cawdry thus depos'd. I heard that Newsham (who is my Brother) was fighting with a Baker, upon which I went to them, got betwixt them, and made an end of their Quarrel, and while they were putting on their Cloths, I heard that a Soldier was almost Murder'd, and going towards, the Place, I met a Man in brown Cloths, with a Bayonet in his Hand. I stop'd him, and ask'd him now he came by it, he made no answer, but left it with me and run away. I saw Peircy presently after he was seiz'd, and then he had no Weapon in his Hand. Col. Rialey gave the Prisoners the Character of Civil, quite honest Men. The Jury Acquitted Jones, and found Peircy Guilty . Death .

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