<!-- © 2003-2008 Old Bailey Proceedings Online -->
<div0 id="17140630" type="sessionsPaper" fragment="yes">
<div1 type="trialAccount" id="t17140630-31">
<xptr type="pageFacsimile" doc="17140630003"/>
<xptr type="preceedingDiv" divtype="trialAccount" id="t17140630-30"/>
<xptr type="followingDiv" divtype="trialAccount" id="t17140630-32"/>
<interp inst="t17140630-31" type="collection" value="BAILEY"/>
<interp inst="t17140630-31" type="year" value="1714"/>
<interp inst="t17140630-31" type="uri" value="sessionsPapers/17140630"/>
<interp inst="t17140630-31" type="date" value="17140630"/>
<join result="criminalCharge" id="t17140630-31-off162-c106" targOrder="Y" targets="t17140630-31-defend106 t17140630-31-off162 t17140630-31-verdict165"/>
<persName id="t17140630-31-defend106" type="defendantName"> James Deciers
<interp inst="t17140630-31-defend106" type="surname" value="Deciers"/>
<interp inst="t17140630-31-defend106" type="given" value="James"/>
<interp inst="t17140630-31-defend106" type="gender" value="male"/> </persName> , of the Parish of
<placeName id="t17140630-31-defloc161">St. Martin in the Fields</placeName>
<interp inst="t17140630-31-defloc161" type="placeName" value="St. Martin in the Fields"/>
<interp inst="t17140630-31-defloc161" type="type" value="defendantHome"/>
<join result="persNamePlace" targOrder="Y" targets="t17140630-31-defend106 t17140630-31-defloc161"/>, was indicted for the
<rs id="t17140630-31-off162" type="offenceDescription">
<interp inst="t17140630-31-off162" type="offenceCategory" value="kill"/>
<interp inst="t17140630-31-off162" type="offenceSubcategory" value="murder"/> Murder </rs> of
<persName id="t17140630-31-victim107" type="victimName"> Patrick Drew
<interp inst="t17140630-31-victim107" type="surname" value="Drew"/>
<interp inst="t17140630-31-victim107" type="given" value="Patrick"/>
<interp inst="t17140630-31-victim107" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17140630-31-off162 t17140630-31-victim107"/> </persName> on the
<rs id="t17140630-31-cd163" type="crimeDate">19th of June</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17140630-31-off162 t17140630-31-cd163"/>, by giving him a Mortal wound with a Rapier, on the back Part of his Body near the Rump-Bone, of which he languish'd till the 23d of the same Month, and then dy'd. The first Evidence set forth, That the Prisoner going to the Commissaries Office in order to his Establishment as a Half-pay Lieutenant in the Regiment of Colonel
<persName id="t17140630-31-person108"> William Stanhope
<interp inst="t17140630-31-person108" type="surname" value="Stanhope"/>
<interp inst="t17140630-31-person108" type="given" value="William"/>
<interp inst="t17140630-31-person108" type="gender" value="male"/> </persName> , found his Name left out, and Drew's put in his stead; which very much disturb'd him at the present; but the Clerk telling him a Certificate would set the Matter right, he was pretty well pacify'd, and went away: And another swore, That the Prisoner coming upon the Parade, took the Deceas'd by the Button in a fury, and said he must go along with him; and that they went together, and soon after the Deceas'd was brought back wounded. Another, That he was at a distance, and saw the Deceas'd parrying with his Cane against the Prisoner's Sword, who was pushing at him; and then he drew, and after some Thrusts fell down, and the Prisoner thrust once or twice as he lay; and that he got up again, and they fought till the Deaceas'd was disabled by a Wound in his Sword-wrist. There was another who swore the Prisoner thrust the Deceas'd whilst he was down. The Prisoner in his Defence said, That having found how ungentlemanlike the Deceas'd had us'd himin the Commissaries Office, and meeting him immediately in the Parade, ask'd him if he had a Commission in Stanhope's Regiment, he bid him come along with him, and he should see it; and that accordingly he went with him near the end of the
<placeName id="t17140630-31-crimeloc164">Mall</placeName>
<interp inst="t17140630-31-crimeloc164" type="placeName" value="Mall"/>
<interp inst="t17140630-31-crimeloc164" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17140630-31-off162 t17140630-31-crimeloc164"/>, and there the Deceas'd struck him on the Head with his Cane and drew;
<xptr type="pageFacsimile" doc="17140630004"/>and thereupon he drew, and receiv' two wounds before the Deceas'd had any. He had several Witnesses who swore, That they saw him go up to the deceas'd in a very civil Manner, and that they walk'd together till the Prisoner receiv'd a Blow upon the Head, and then they both drew, but could not tell which drew first. A Gentleman swore, That he saw the Action, and the Deceas'd fell, but that he was up again immediately, and receiv'd no Wound when he was down, and he believ'd he receiv'd the Wound in his Back by turning round to get away; the Prisoner then making so full a thrust at him, that if he had not turn'd, he had run him through the Body. The Prisoner had Gentlemen who gave him a good Character; and upon a full hearing, the Jury found him
<rs id="t17140630-31-verdict165" type="verdictDescription">
<interp inst="t17140630-31-verdict165" type="verdictCategory" value="guilty"/>
<interp inst="t17140630-31-verdict165" type="verdictSubcategory" value="manslaughter"/> Guilty of Manslaughter </rs>.</p>
<rs id="t17140630-31-punish166" type="punishmentDescription">
<interp inst="t17140630-31-punish166" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17140630-31-punish166" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17140630-31-defend106 t17140630-31-punish166"/>
<note>[Branding. See summary.]</note> </rs> </p> </div1></div0>

View as Text