James Flanaghan.
24th October 1770
Reference Numbert17701024-59
VerdictNot Guilty

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695. (M.) James Flanaghan otherwise Courant , was indicted for the wilful murder of James Davey , by giving him, with a pewter-pot, a mortal wound on the left side of his forehead, of the length of one inch, and the depth of half an inch, of which he languished from the 21st of September till the 11th of October, and then died . He stood charged on the coroner's inquest for manslaughter. *

- Murrell. I was at the Sun and Horseshoe in Titchfield-street, Oxford Road , five weeks yesterday; Davey and I were in the back kitchen, the prisoner was in the tap room; the prisoner was a servant in the house. There was a dispute between the prisoner and the servant girl, who should draw some beer that was wanted; the deceased spoke in behalf of the girl. and said he thought the prisoner put upon her; the prisoner heard Davey speaking about it, and some words passed between them; Davey gave the prisoner a slap in the face, that was the first blow that passed; the prisoner had a pewter-pot in his hand, and he immediately struck him with it, over his left eye, upon his temple, the blood ran down his face; I cut his hair off about the wound, and tied it up with two handkerchiefs.

Q. What size was the wound?

Murrell. About an inch long. After I had tied up his head he went to the prisoner again, and several blows passed between them.

Q. Who struck first them?

Murrell. I can't tell; they both struck with their hands; they had soon done, for Davey was not able to stand; some time after this Davey challenged him to fight again.

Q. What became of Davey after this?

Murrell. I went away, and left him in the tap-room; he was admitted an out-patient at the Middlesex hospital; he died on Thursday, three weeks afterwards.

Q. What was his complaint?

Murrell. He complained of a pain in his head.

- Mills. I was fellow-servant with the prisoner. There was some beer ordered out; the prisoner went down to draw it; I was talking with my mistress at the bar, he came up to me, and said d - n you why don't you go out with the beer? the deceased said to my mistress that it was not right for one servant to d - n another; the prisoner came in and heard it, and he asked the deceased what he had to say about him; he said he did not think it right for one servant to d - n another; there were other words passed, but I don't know what; Davey collar'd the prisoner, and gave him a slap on the face. Flanaghan had the pot in his left hand, shifted it to his right hand, and struck him with it upon the head; he got it tied up with a handkerchief, and then wanted the prisoner to fight him; I saw them jostling, but I did not see any more blows struck. My mistress sent me for some Turlington's drops to wash his head, and Mr. Murrell cut his hair off, and tied two handkerchiefs upon his head; he used to come to our house after he had been at the hospital. He took a warrant out against the prisoner; the prisoner gave him half a guinea, and they made it up; I saw him give him the money; this was about a fortnight after he had given him the blow.

Mr. Edward Livington , the surgeon, deposed that he was sent for by the corner, and be examined the deceased, and that he believes the wound given by the prisoner was the cause of his death.

Prisoner's Defence.

The deceased struck me twice before I resented it; the deceased had hold of my collar; I had a pint pot in my hand, and I struck him with it, but did not know where till I saw the wound.

He called Martin Cogan , who deposed that he lent the prisoner 12 s half a guinea of which he paid the deceased; that the deceased shook hands with the prisoner, and said he was satisfied; and John Conner , who had known him twelve months, and gave him a good character. Several more were called, but the court thought it unnecessary to examine them.

Acquitted .

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