the jurors unknown, upon said horse-race, which said horse-race was not run upon a track or path made or kept for the purpose of turf-racing, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) (1025) Entering and running a horse at a horse-race.(o) That H. H., late of, &c., yeoman, little regarding the laws and acts of assembly of this commonwealth, and not fearing the pains and penalties therein contained, on, &c., with force and arms at, &c., and within the jurisdiction of this court, unlawfully did enter, start and run for the sum of four thousand dollars, a certain horse to him the said H. H. belonging, and did then and there lay, bet and wager the sum of four thousand dollars upon his said horse so entered, started and run as aforesaid, to the evil example, &c., against, &c., and against, &c. (Conclude as in book 1, chap. 3.) (1026) Winning money at cards. (p) That H. H. and B. L., being persons of evil name and fame and dishonest conversation and not caring to get their livelihood by honest labor, but by fraud and deceit maintaining their idle course of life, on, &c., at, &c., and within the jurisdiction of this court, at an unlawful game, artifice and practice at cards, and by laying wagers with one B. C., relating to the playing of cards, did fraudulently and deceitfully by means of win, obtain and get to themselves of and from the said B. C. twenty dollars, of the goods and chattels of the said B. C., and him the said B. C. of his goods and chattels aforesaid then and there fraudulently and deceitfully in manner and form aforesaid deceive and defraud, to his great damage, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) (1027) Breach of pilot laws in Massachusetts. That B. F. R., of, &c., mariner, at, &c., on, &c., he the said R. then and there being a person not having a branch commission or warrant as a pilot or pilot's apprentice, for the harbor of Boston aforesaid, did undertake to pilot into the harbor of Boston aforesaid, a certain foreign vessel called the barque Empress, being a vessel of the burthen of more than two hundred tons, and coming from the port of New York in the State of New York, and not from a port in the State of Massachusetts, and not being a fishing vessel and not being a public ship belonging to the United States of America, nor a ship of war, but a merchant ship vessel, and certain branch pilots, to wit (set forth names of pilots), having offered their services to the master of said barque Empress, said barque being bound then into the harbor of Boston aforesaid, before said vessel had passed a line drawn from Harding's Rocks to the outer graves, and from thence to Nahant-head, whereby and by force of the statute in such case made and provided, he the said B. F. R. hath forfeited a penalty for the said offence not exceeding fifty dollars, against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.) (0) Drawn by William Bradford, Esq., the then attorney-general of Pennsylvania. (p) Drawn by Mr. Bradford. 711 CHAPTER XI. CHALLENGING TO FIGHT.(q) (1028) Sending a challenge at common law. First count, sending the letter containing the challenge. (1029) Second count. Provoking another to fight a duel. (1030) Provoking a man to send a challenge. (1031) Writing and delivering a challenge at the instance of a third person. Second count. For delivering a written challenge as from and (1032) (1033) on the part and by the desire of E. F. Third count. For provoking and inciting the prosecutor to fight. (1034) For a verbal challenge. (1035) Giving a challenge in the presence of a justice of the peace. (1037) Accepting a challenge. (1038) Engaging in a duel, under Ohio statute. (1039) Being second in a duel, under Ohio statute. (1040) Against a second for carrying a challenge, under the South Carolina statute. (1041) Second count. Omitting to set out letter. (1042) For being a second in a duel. (1043) Sending a written message to a person, to fight a duel. Rev. sts. of Mass., ch. 125, § 6. (1044) Posting another for not fighting a duel. Rev. sts. of Mass., ch. 125, § 8. (1045) Challenging and posting at common law. (1028) Sending a challenge at common law. First count, sending the letter containing the challenge. (a) THAT J. S., late, &c., gentleman, being a person of turbulent and quarrelsome temper and disposition, and contriving and intending not only to vex, injure and disquiet one J. N. and do the said J. N. some grievous bodily harm, but also to provoke, instigate and excite the said J. N. to break the peace, and to fight a duel with and against him the said J. S., on, &c., at, &c., wickedly, wilfully and maliciously did write, send and deliver, and cause and procure to be written, sent and delivered unto him, the said J. W., a certain letter and paper writing containing a challenge to fight a duel with and against him the said J. S., and which said letter and paper writing is as follows, that is to say (here set out the letter with such innuendoes as may be necessary), to the great damage, scandal and disgrace of the said J. N., in contempt of our lady the queen, and against, &c. (Conclude as in book 1, chap. 3.) (1029) Second count. Provoking another to fight a duel. That the said J. S., contriving and intending as aforesaid, afterwards, to wit, on, &c., with force and arms at, &c.,* wickedly and maliciously did provoke, instigate, excite and challenge the said J. N. to fight a duel with and against him the said J. S., to the great damage, scandal and disgrace of the said J. N., in contempt, &c., and against, &c. (Conclude as in book 1, chap. 3.) (9) See Wh. C. L., generally, § 2677. (a) Arch. C. P. 5th Am. ed. 714. (1030) Provoking a man to send a challenge.(b) (Proceed as in the last precedent to the and then thus): wickedly, wilfully and maliciously did utter, pronounce, declare and say to and in the presence and hearing of the said J. N. these words following, that is to say), "you are a scoundrel and a liar, and I shall take care to let the world know that you are so," with intent to instigate, excite and provoke the said J. N. to challenge him the said J. S. to fight a duel with and against him the said J. N., to the great damage, &c. (as in the last precedent but one). (If there be any doubt as to the words, lay them differently in different counts, and add a general count, not setting out the words but merely charging the defendant with having used threats and opprobrious language to the prosecutor, with intent, &c.) (1031) Writing and delivering a challenge at the instance of a third person.(c) That A. B., late of, &c., esquire, on, &c., at, &c., being of a turbulent, wicked and malicious disposition, and intending to procure great bodily harm and mischief to be done to C. D., late of, &c., in the county aforesaid, esquire, and also intending, as much as in him the said A. B. lay, to incite and provoke the said C. D. unlawfully to fight a duel with and against one E. F., late, &c., on, &c., with force and arms at, &c., did unlawfully, wickedly and maliciously write and cause to be written, a certain paper writing, in the words, letters and figures following, to wit (here set out the paper writing with the proper innuendoes), which said paper writing (meaning and intending the same as such challenge as aforesaid), he, the said A. B., afterwards, to wit, on, &c., at, &c., unlawfully, wickedly and maliciously did deliver and cause to be delivered to the said C. D., against, &c. (Conclude as in book 1, chap. 3.) (1032) Second count. For delivering a written challenge as from and on the part and by the desire of E. F.(d) That the said A. B., being such evil disposed person and disturber of the peace of our said lord the king, as aforesaid, and intending to procure great bodily harm and mischief to be done to the said C. D., and to incite and provoke him the said C. D. unlawfully to fight a duel with and against the said E. F., afterwards, to wit, on, &c., with force and arms at, &c., did unlawfully, wickedly and maliciously deliver and cause to be delivered a certain written challenge as from and on the part and by the desire of the said E. F., to the said C. D. unlawfully to fight a duel with and against the said E. F., which said last mentioned challenge is as follows, that is to say (set out the challenge), against, &c. (Conclude as in book 1, chap. 3.) (1033) Third count. For provoking and inciting the prosecutor to fight.(e) That the said A. B. being such evil disposed person and disturber of the peace of our said lord the king, as aforesaid, and intending to procure great bodily harm and mischief to be done to the said C. D., and to incite and provoke him the said C. D. unlawfully to fight a duel with and against the said E. F., afterwards, to wit, on, &c., with force and arms at, &c., did unlawfully, wickedly and maliciously provoke and incite the said C. D. (in the peace of God and our said lord the king then and there being), unlawfully to fight a duel with and against the said E. F., against, &c. (Conclude as in book 1, chap. 3.) (b) Arch. C. P. 5th Am. ed. 715. (d) Ib. 362. (c) 2 Stark. on Slander 361. (e) Ib. (1034) For a verbal challenge. (f) That A. B., of, &c., gentleman, being an evil disposed person, and intending to do great bodily harm and mischief to one C. D., and to provoke and incite him the said C. D. unlawfully to fight a duel with him the said A. B., on, &c., at, &c., in pursuance of, and for the completing of his said intent and design, did unlawfully, wickedly and maliciously, by opprobrious words and threatening language, provoke, excite and challenge the said C. D. unlawfully to fight a duel with and against him the said A. B., against, &c. (Conclude as in book 1, chap. 3.) (1035) Giving a challenge in the presence of a justice of the peace.(g) That G. W., of, &c., on, &c., at, &c., and within the jurisdiction of this court, with force and arms, &c., and in the presence and hearing of J. F., Esq., then and there being one of the justices of this commonwealth, the peace in the said county to keep, assigned, and in the due execution of his said office, unlawfully and contemptuously did provoke and challenge one A. H. to fight with him the said G. with deadly weapons, to wit, with pistols, in contempt of the laws, to the evil example of all others, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) (1036) For sending a challenge in Pennsylvania. That A. B., of, &c., on, &c., at, &c., and within, &c., a certain C. D., in the peace of God, &c., then and there being, with force and arms, &c., to fight with swords, pistols, and other dangerous and destructive weapons, did provoke and challenge, with intention the said C. D. to kill and murder, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) (1037 Accepting a challenge. That C. D., of, &c., on, &c., at, &c., and within, &c., a provocation and challenge to fight with swords and pistols and other dangerous and destructive weapons, unjustly and unlawfully from a certain A. B. did accept, receive and take, contrary, &c., (as above). (1038) Engaging in a duel. Under Ohio Stat. day of That A. B., of the county aforesaid, being a person regardless of the life of man, on the in the year of our Lord one thousand eight hundred and at the County of aforesaid, did unlawfully and voluntarily engage in and fight a duel with one M. N. then and there being, with deadly weapons, to wit, with pistols then and there loaded with gunpowder and leaden bullets (or other weapons, naming them), to the great hazard of the lives of the said A. B. and M. N., from which duel engaged in as aforesaid, by the said A. B. and M. N., no death did ensue; contrary, &c. (1039) Being second in a duel. Under Ohio Stat. (Follow the form last above given to the end, and then proceed thus): and that one C. D., then and there being a person regardless of the life of man, then and there, to wit, on the said in the year aforesaid, aforesaid, did unlawfully, knowingly and voluntarily at the county of day of (f) Davis' Prec. p. 87. Taken by Mr. Davis from 3 Chit. C. L. 850. become, and then and there unlawfully, knowingly, and voluntarily was second to the said A. B., in engaging in and fighting the duel aforesaid; contrary, &c. (1040) Against a second for carrying a challenge, under the South Carolina statute.(h) That B. C. Y., late of, &c., being resident in and citizen of the state of South Carolina aforesaid, intending to procure great bodily harm and mischief to be done to one T. C. P., of, &c., and to incite and provoke him the said T. C. P. unlawfully to fight a duel with and against one J. C. C., of, &c., on, &c., with force and arms at, &c., did unlawfully and wickedly carry, convey and deliver and cause to be carried, conveyed and delivered a certain written challenge of and from the said J. C. C., to the said T. C. P. to fight a duel with and against him the said J. C. C., which said written challenge is as follows, that is to say (here set out the letter, with the proper innuendoes), to the great damage of the said T. C. P., against, &c., and against, &c. (Conclude as in book 1, chap. 3.) (1041) Second count. Same as first, omitting to set out letter. Third count. That the said B. C. Y., being resident, &c., intending to procure great bodily harm and mischief to be done to one T. C. P., and to provoke and incite the said T. C. P. unlawfully to fight a duel with and against one J. C. C., on, &c., with force and arms at, &c., aforesaid, was directly concerned unlawfully in carrying to the said T. C. P. a challenge to fight a duel with and against the said J. C. C., which said challenge was in writing in the form of a letter addressed to Mr. T. C. P., as follows, that is to say (here set forth the letter with the proper innuendoes), to the great damage of the said T. Č. P., to the evil example of all others, against, &c., and against, &c. (Conclude as in book 1, chap. 3.) (1042) For being a second in a duel.(i) That A. B., of, &c., gentleman, on, &c., with force and arms at, &c., did voluntarily engage in a duel with one C. D., with dangerous weapons, to wit, with pistols, then and there loaded with gunpowder and leaden bullets, to the great hazard of the lives of the said A. B. and C. D., in which duel, engaged in as aforesaid, no homicide did ensue thereon; and the jurors, &c., do further present, that E. F., of, &c., gentleman, being a person regardless of the life of man, and holding in contempt the authority and government of the supreme giver and disposer of human life, on, &c., in the year aforesaid, with force and arms at B. aforesaid, in the county aforesaid, did knowingly and voluntarily become, and then and there knowingly and voluntarily was the second of the said C. D., and was then and there knowingly and voluntarily an agent and abettor of him the said C. D. in the duel and challenge aforesaid, against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.) (1043) Sending a written message to a person, to fight a duel. Rev. sts. of Mass. ch. 125, § 6. The jurors, etc., upon their oath present, that C. D., late of B. in the County of S., laborer, on the first day of June in the year of our Lord with force and arms, at B. aforesaid, in the county aforesaid, wilfully and mali (h) Held good in State v. Cunningham, 2 Spear 248. (i) Davis' Prec. p. 90. This indictment was prepared by Mr. Davis, and is drawn upon the Mass. Stat. of 1804, c. 123, s. 6. |