<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>120.
<persName id="t17990109-41-defend348" type="defendantName"> DANIEL MACKAWAY
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<interp inst="t17990109-41-defend348" type="gender" value="male"/> </persName> was indicted, for that
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<interp inst="t17990109-41-off233" type="offenceSubcategory" value="wounding"/> he, on the
<placeName id="t17990109-41-crimeloc234">14th of December</placeName>
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<join result="offencePlace" targOrder="Y" targets="t17990109-41-off233 t17990109-41-crimeloc234"/>, a certain pistol, loaded with gunpowder, and a leaden bullet, feloniously, wilfully, and maliciously did shoot off at one
<persName id="t17990109-41-victim349" type="victimName"> John Dennis
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<interp inst="t17990109-41-victim349" type="given" value="John"/>
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<join result="offenceVictim" targOrder="Y" targets="t17990109-41-off233 t17990109-41-victim349"/> </persName> </rs>.(The indictment was opened by Mr. Trebeck, and the case by Mr. Vaillant).</p>
<p>
<persName id="t17990109-41-person350"> JOHN DENNIS
<interp inst="t17990109-41-person350" type="surname" value="DENNIS"/>
<interp inst="t17990109-41-person350" type="given" value="JOHN"/>
<interp inst="t17990109-41-person350" type="gender" value="male"/> </persName> sworn. - Examined by Mr. Trebeck. I am a
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<join result="persNameOccupation" targOrder="Y" targets="t17990109-41-victim349 t17990109-41-viclabel235"/> of St. Sepulchre's, in the Ward of Farringdon Without. On the 14th of December I went to
<placeName id="t17990109-41-crimeloc236">Black-boy-alley</placeName>
<interp inst="t17990109-41-crimeloc236" type="placeName" value="Black-boy-alley"/>
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<join result="offencePlace" targOrder="Y" targets="t17990109-41-off233 t17990109-41-crimeloc236"/>, to the house of one Manby, in the middle of the night, between twelve and one o'clock; we went up stairs, and, in the two-pair of stairs room, we saw the prisoner at the bar sitting by the fire-side.</p>
<p>Q. Who were in company with you? - A. Willey, Powter, and Griffiths; we found a boy that we went after in bed with three women; we wanted him for being concerned in robbing a shop in Field-lane; the prisoner at the bar was sitting in a chair by the fire side, very genteelly dressed; I told the boy to get up, and I said to Mackaway, you may as well go with us too, for if you stay here, you may be robbed; Mackaway said, do you want any thing with me, gentlemen; I said, no; when the boy had got up, we went down stairs.</p>
<p>Q. You did not attempt to take the prisoner at that time? - A.No.</p>
<p>Q. Is Black-boy-alley in your parish? - A.Part of it is, but that house is not; when we had got into our parish, I took hold of him carelessly by the arm, then Willey gave me a nudge; the prisoner then asked Willey whether he knew him; Willey said, no, I know nobody; the prisoner said, my name is Carey; Willey made answer, Carey, then I want you, come along; Mackaway then pulled himself away from me, and ran something in my mouth, I cannot say what it was; I said to my partner, d-n his eyes, he has got a knife, mind his knife; Powter was close behind us, and the the watchman, Griffiths, was before with a lanthorn; I still kept hold of him, and he and I russled a good bit, for the space of two minutes or thereabouts; then Powter hit him over the arm with a stick, and, what he held in his hand, I suppose, dropped from him at that time, but I cannot positively say.</p>
<p>Q. Had you any warrant for apprehending him? - A. No, I had not.</p>
<p>Q. What took place after he had struck you? - A. There was a pistol found.</p>
<p>Court. In this case, if death had ensued, it could have been but manslaughter; this man was not disturbing the peace at all when he was taken into custody. Gentlemen, you must acquit him upon this indictment.</p>
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<interp inst="t17990109-41-verdict237" type="verdictCategory" value="notGuilty"/>
<interp inst="t17990109-41-verdict237" type="verdictSubcategory" value="fault"/> NOT GUILTY </rs>.</p>
<p>Tried by the second London Jury, before Mr. Justice HEATH.</p> </div1></div0>
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<p>120.
<persName id="t17990109-41-defend348" type="defendantName"> DANIEL MACKAWAY
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<interp inst="t17990109-41-defend348" type="gender" value="male"/> </persName> was indicted, for that
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<interp inst="t17990109-41-off233" type="offenceSubcategory" value="wounding"/> he, on the
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<join result="offencePlace" targOrder="Y" targets="t17990109-41-off233 t17990109-41-crimeloc234"/>, a certain pistol, loaded with gunpowder, and a leaden bullet, feloniously, wilfully, and maliciously did shoot off at one
<persName id="t17990109-41-victim349" type="victimName"> John Dennis
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<join result="offenceVictim" targOrder="Y" targets="t17990109-41-off233 t17990109-41-victim349"/> </persName> </rs>.(The indictment was opened by Mr. Trebeck, and the case by Mr. Vaillant).</p>
<p>
<persName id="t17990109-41-person350"> JOHN DENNIS
<interp inst="t17990109-41-person350" type="surname" value="DENNIS"/>
<interp inst="t17990109-41-person350" type="given" value="JOHN"/>
<interp inst="t17990109-41-person350" type="gender" value="male"/> </persName> sworn. - Examined by Mr. Trebeck. I am a
<rs id="t17990109-41-viclabel235" type="occupation">watchman and patrol</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17990109-41-victim349 t17990109-41-viclabel235"/> of St. Sepulchre's, in the Ward of Farringdon Without. On the 14th of December I went to
<placeName id="t17990109-41-crimeloc236">Black-boy-alley</placeName>
<interp inst="t17990109-41-crimeloc236" type="placeName" value="Black-boy-alley"/>
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<join result="offencePlace" targOrder="Y" targets="t17990109-41-off233 t17990109-41-crimeloc236"/>, to the house of one Manby, in the middle of the night, between twelve and one o'clock; we went up stairs, and, in the two-pair of stairs room, we saw the prisoner at the bar sitting by the fire-side.</p>
<p>Q. Who were in company with you? - A. Willey, Powter, and Griffiths; we found a boy that we went after in bed with three women; we wanted him for being concerned in robbing a shop in Field-lane; the prisoner at the bar was sitting in a chair by the fire side, very genteelly dressed; I told the boy to get up, and I said to Mackaway, you may as well go with us too, for if you stay here, you may be robbed; Mackaway said, do you want any thing with me, gentlemen; I said, no; when the boy had got up, we went down stairs.</p>
<p>Q. You did not attempt to take the prisoner at that time? - A.No.</p>
<p>Q. Is Black-boy-alley in your parish? - A.Part of it is, but that house is not; when we had got into our parish, I took hold of him carelessly by the arm, then Willey gave me a nudge; the prisoner then asked Willey whether he knew him; Willey said, no, I know nobody; the prisoner said, my name is Carey; Willey made answer, Carey, then I want you, come along; Mackaway then pulled himself away from me, and ran something in my mouth, I cannot say what it was; I said to my partner, d-n his eyes, he has got a knife, mind his knife; Powter was close behind us, and the the watchman, Griffiths, was before with a lanthorn; I still kept hold of him, and he and I russled a good bit, for the space of two minutes or thereabouts; then Powter hit him over the arm with a stick, and, what he held in his hand, I suppose, dropped from him at that time, but I cannot positively say.</p>
<p>Q. Had you any warrant for apprehending him? - A. No, I had not.</p>
<p>Q. What took place after he had struck you? - A. There was a pistol found.</p>
<p>Court. In this case, if death had ensued, it could have been but manslaughter; this man was not disturbing the peace at all when he was taken into custody. Gentlemen, you must acquit him upon this indictment.</p>
<p>
<rs id="t17990109-41-verdict237" type="verdictDescription">
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<interp inst="t17990109-41-verdict237" type="verdictSubcategory" value="fault"/> NOT GUILTY </rs>.</p>
<p>Tried by the second London Jury, before Mr. Justice HEATH.</p> </div1></div0>
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