several other parts of his body, by reason whereof he the said H. D. then and there remained and continued upon the ground for a long time, to wit, for the space of half an hour then next following and upwards, quite stupified and senseless, and as one that was almost dead, also by means thereof he the said H. D. was then and there very much hurt and bruised, in and about his head, breast, back, arms, shoulders, and several other parts of his body, and put under the utmost fear and apprehension of losing his life, and also by reason thereof he the said H. D. then and there remained and continued for a long time, to wit, for the space of six hours then next following and upwards, quite speechless, and also during that time and for the space of ten days next following and upwards, he the said H. D. remained and continued very ill and weak, and in a very dangerous and languishing condition occasioned by the means aforesaid, that is to say, at, &c. aforesaid, and other mischiefs upon him the said H. D. he the said L. C. did then and there by force and arms unlawfully and violently bring, to the great damage, &c. [as ante 860. There were other counts charging only parts of the violence, and a count for a common assault.] letter inciting another to send a challenge to fight a duel.(g) That A. B. late of, &c. unlawfully and maliciously intending to For writing a do great bodily harm and mischief to R. G. T. and to break the peace, &c. on, &c. with force and arms, at, &c. wickedly and maliciously did endeavour to stir up, provoke, and excite the said R. G. T. to challenge the said A. B. to fight a duel with him the said R. G. T. by then and there writing, sending, and delivering to him R. G. T. a scandalous, malicious, and provoking letter from the said A. B. to the said R. G. T. to the tenor and effect following, viz. No. 28 Orchard-street, 1st June, 1803, Sir, (meaning the said R. G. T.) (h) it will, I (meaning the said A. B.) conclude, from the description you gave of your feelings and ideas with respect to insult, in a letter to Mr. Jones of last Monday's date, be sufficient for me to tell you, that in the whole of the Carmarthenshire election business, as far as it relates to me, you have behaved like a blackguard; I shall expect to hear from you on this subject, and will punctually attend to any appointment you may think proper to make (meaning that the said A. B. would punctually attend to any appointment that the said R. G, T. might think proper to make for the purpose of his fighting a duel with and against the said R. G. T.) signed by the said R. G. T. with intent to stir up, (g) This was the indictment against Phillips, and held as suffiçient, 6 East 464. sce notes ante. (h) See the doctrine of innuendoes explained pest 873, 4. as to libels. For assaulting a person and provoking to fight by opprobrious language. (i) For sending a challenge about money lost at a game called pass dice. On 9 provoke, and excite the said R. G. T. to challenge the said A. B. to fight a duel with him, &c. against the peace, &c. That R. B. late of, &c. being a disturber of the peace of our said lord the king, on, &c. with force and arms, at, &c. aforesaid, in and upon one W. C. in the peace of God and our said lord the king then and there being, did make an assault, and with threats and opprobrious language, then and there wickedly and maliciously did stir up, provoke, and excite him the said W. C. to fight a battle against him the said R. B. and further, that the said R. B. afterwards, to wit, on the same day and year abovementioned, at, &c. aforesaid, came with force and arms, and with threats and opprobrious language then and there wickedly and maliciously did stir up, provoke, and excite him the said W. C. then and there being in the peace of God and of our said lord the king, to fight against him the said R. B. a duel with swords and pistols, and other wrongs to the said W. C. then and there did, to the great damage and terror of him the said W. C. in contempt, &c. to the evib example, &c. and against the peace, &c. That G. S. late of, &c. esquire, being a person of quarrelsome and turbulent temper and disposition, and a disturber of the peace of our said lord the king, on, &c. with force and arms, at, &c. in, &c. unlawfully and maliciously did challenge J. M. esquire, a Ann. c. 14. s. peaceable subject of our said lord the king, to fight with him the 8. (j) said J. M. on account of money then and there won by the said J. M. of the said G. S. by then and there gaming and playing at dice with the said G. S. at a certain game called pass dice, or hazard, (k) to the great damage of the said J. M. in contempt, &c. and against the peace, &c. and also against the form of the statute, &c. And the jurors, &c. do further present, that the said G. S. being such person as aforesaid, afterwards, that is to say, on, &c. with force and arms, at, &c. unlawfully and maliciously did provoke the said J. M. to fight him the said G. S. on account of money then and there won by the said J. M. of the said G. S. by then and there playing at dice with the said G. S. at a certain game called pass dice, to the great damage of, &c. in contempt, &c. and against the peace, &c. and also against the form, &c. [Counts for an assault on account of money won at play, were added as ante 833.] (i) See a similar precedent, Cro. C. C. 102. (j) See similar precedents, 4 Wentw. 317. 2 Starkie, 407. see the act recited and notes ante 833. on assaults on account of money won at gaming. (k) As to stating the name of the game, see ante 833. INDICTMENTS FOR MALA PRAXIS. false wife for engaging the deli. vering of a woman,and and so unskilfully using the art that she died. (1) That A. the wife of T. A. late of, &c. gentleman, being a Against a midperson of a wicked mind and disposition, and unlawfully, wickedly, and injuriously minding and intending to impose upon and deceive divers liege subjects of our said lord the king, under the colour and pretence that she the said A. A. was well skilled in the art, profession, or calling of a midwife, and that she was of sufficient knowledge and ability to undertake and practice the said art, profession, or calling, and to execute and perform the duties of such art, and also unlawfully, &c. going about and causing and procuring herself the said A. A. to be engaged, retained and employed by divers liege subjects of our said lord the king, in the delivery of pregnant women, for large sums of money to be paid to her the said A. A. for such her pretended skill in the said art, &c. of a midwife, on, &c. with force and arms, at, &c. unlawfully did set up and practice the said art of a midwife. And the jurors, &c. do further present, that the said A. A. so having set up, used, and practised the said art, &c. on, &c. at, &c. in pursuance of her aforesaid wicked intentions, did cause and procure herself the said A. A. to be retained and employed in the said art, &c. to deliver one M. D. then the wife of J. D. of the parish and county aforesaid, butcher, of a certain male child with which she the said M. D. was then and there pregnant, for a certain large sum of money to be thereupon paid to her the said A. A. for her attendance on the said M. D. and for her skill and ability in the said art, &c. of a midwife, and the said A. A. then and there unlawfully, &c. did undertake to deliver the said M. D. of the said male child with which she was then pregnant as aforesaid, and did then and there unlawfully, &c. falsely pretending that she the said A. A. was of sufficient skill and ability and of sufficient knowledge in the said art, &c. of a midwife to execute and perform the same. And the jurors, &c. do further present, that the said A. A. not regarding the life of the said M. D. or of the child with which she was so pregnant as aforesaid, and being wholly unskilled in the said art, &c. of a midwife, and of no ability to perform and execute the duties thereof, and neglecting and refusing necessary advice and (1) From 4 Wentw. 360. sce Trem. P. C. 242. other precedents, Vet. Int. 231. assistance, on, &c. aforesaid, at, &c. aforesaid, in, for, and about the delivery of the said M. D. of the said child with which she was so pregnant as aforesaid, with force and arms unlawfully, wickedly, ignorantly, rashly, injuriously, unskilfully, improperly, unnecessarily, and contrary to good practice in the said art, &c. of a midwife, did then and there cut off, tear off, pull off, separate, sever, and dismember, the left arm of the said child with which she the said M. D. was so pregnant as aforesaid, and of which child the said M. D. was then and there about to be delivered, and did also then and there unskilfully, &c. and contrary, &c. make use of and apply in and about the said delivery of the said M. D. certain destructive instruments, to wit, a certain instrument called perforating scissars, and also a certain other instrument called a crotchet, and the said. several instruments called perforating scissars and a crotchet, did then and there unskilfully, &c. and contrary, &c. introduce, make use of, and apply in and to the womb and body of the said M. D. and with the said destructive instruments called perforating scissars and a crotchet, did then and there unlawfully, &c. and contrary, &c. break in pieces, crush, and destroy, the ribs and other parts of the body of the said male child, with which she the said M. D. was so pregnant, and of which she was so then and thereabout to be delivered as aforesaid, within the womb and body of the said M. D.; by reason and means of which said unlawful, wicked, injurious, &c. cutting off the arm of the said child as aforesaid, and also of the said unlawful, &c. use and abuse of the said several instruments called, &c. as also by reason and means of the breaking in pieces, crushing, and destroying the ribs and other parts of the body of the said child as aforesaid, within the womb and body of the said M. D. as aforesaid, the womb, vagina abdomen, and other parts of generation, and of the body of the said M. D. were by the broken bones of the said child, and by the said instruments called, &c. then and there greatly torn, lacerated, extended, wounded, injured, and hurt, and a great and violent effusion and discharge of blood from the womb and body of the said M. D. was thereby then and there occasioned, of which said tearing, laceration, extension, wounding, injuring, and hurting of the womb, vagina abdomen, and other parts of generation, and other parts of the body of the said M. D. as aforesaid, and of the great and violent effusion, &c. of blood from the womb and body of the said M, D. occasioned thereby as aforesaid, she the said M. D. from, &c. until, &c. at, &c. did languish, and languishing did live, on which said day of, &c. she the said M. D. at, &c. of the said laceration, &c. of the womb, &c. and of the body of the said M, D. in manner and form aforesaid, and of |