An Inquisition on one for cutting his throat.

by the instigation of the devil, at

aforesaid, in the county aforesaid, in and upon himself, then and there, being in the peace of God, and of the people of this state, feloniously, voluntarily, and of his malice aforethought, made an-assault; and that the aforesiad A D, then and there with a certain knife of the value of one cent, which he, the said A D then and there held in his right hand, himself upon his throat then and there feloniously, voluntarily, and of his malice forethought, did strike and gave to himself then and there with the knife aforesaid, upon his throat aforesaid, one mortal wound of the breadth of four inches and the depth of one inch, of which said mortal wound the said A D at aforesaid, in the county aforesaid, languished, and languishing lived, from the said day of in the year aforesaid, and that the said A D, on the aforesaid, in the year aforesaid, at

to the

day of

day of

afore

said, in the county aforesaid, of that mortal wound died. And so the jurors aforesaid, &c.

man, at

of

For killing another in his own defence.

upon

in the

their oaths say, that A K, late of
aforesaid, in the said county, on the
year of

at the hour of

gentle

day

in the peace of God and of the people of this state, then being, A M, late of - in the county of in the afternoon of the same day, did come, and upon him the said AK then and there of his malice aforethought, did make an assault, and him the said A K did then and there endeavor to beat and kill, by continuing the assault aforesaid, from the house of one W H in aforesaid, to a certain place called in the county aforesaid, and the said A K seeing that the said A M was so maliciously disposed, to a certain wall in the said place, called did flee, and from thence for fear of death could not escape, and so the said A K himself, in the preservation of his life, against the said A M continued to defend, and in his own defence, him the said A M upon the right part of the breast of him the said A M, with a certain sword of the price of 12 cents, which the said A K then and there held in his right hand, did strike, then and there giving to the same A M, one mortal wound, of the breadth of one inch, and

of the depth of three inches, of which said mortal wound the aforesaid, in the county aforesaid, languish

said A M at =
ed, and languishing lived, from the said
day of

the

said A M, on the said

said, at

day of - to

in the year afore

-from thence next ensuing, and that the

day of

aforesaid, in the said county, of that mortal wound died; and so the said A K did then and there kill him the said A M in his own defence.

that a certain person

An Inquisition where the murderer is unknown. [The same as before, only say] unknown, &c. [and add] And the said jurors upon their oath aforesaid further say, that the said person unknown, after he had committed the said felony and murder in manner aforesaid, did fly away, against the peace, &c.

When any person is indicted before a coroner of murder or manslaughter, or as accessary thereto, before the fact, the recognizance to bind over witnesses may be in the form following:

SS.

County of THE day of in the year of, &c. A B came before me, A C, one of the coroners, &c. and acknowledged himself to be indebted to the people of this state, in, &c.

The condition of this recognizance is such, that if the above bounden A B do personally appear at the next court of oyer and terminer and gaol delivery, to be holden in the said county, and then and there testify and set forth his knowledge, touching the death of A B, and do not depart thence without leave of the said court, then this recognizance to be void, otherwise to remain in full force and virtue.

Acknowledged before me, the day and year above written.

A C.

WARRANTS, INFORMATION, EXAMINA

TIONS, &c.

1040

Warrant for an assault and battery. DUTCHESS COUNTY, ss. To any Constable of the town of in said county, Greeting:

WHEREAS complaint hath been made before me G C, Esquire, one of the justices of the peace in and for the said county, upon the oath of AB of in the said county, carpenter, that C D of day of

aforesaid, labourer, did, on the violently assault and beat him the said A Bat aforesaid in the county aforesaid: These are therefore in the name of the people of the state of NewYork, to command you forthwith to apprehend the said C D and bring him before me, to answer unto the said complaint, and to be further dealt with according to law. Given under my hand and seal the

day of, &c.

Warrant to apprehend a burglar.

DUTCHESS COUNTY, SS. To any Constable of, &c. FORASMUCH as A B of in the county of farmer, hath this day made information and complaint upon oath, before me E M, Esquire, one of the justices of the peace in and for the said county, that yesterday in the night, the dwelling-house of him the said A Bat

aforesaid, in the county, aforesaid, was feloniously broken open and &c. (describe the property taken) of the goods and chattels of him the said A B, feloniously and burglariously stolen, taken and carried away from thence; and that he hath just cause to suspect, and doth suspect that E F late of in the county of labourer, the said felony and burglary did commit: These are therefore in the name of the people of the state of &c. to command you, that immediately, upon sight hereof, you do apprehend the said E F and bring him before me to answer in the premises, and to be further dealt with according to law-Herein fail you not. Given under my hand and seal, the

day of &c.

Form of an information against a person for felony.

County of

}

day

SS. BE IT REMEMBERED, that this of &c. in the year of &c A B, of —- in the county of farmer, in his proper person, comes before me, E M Esquire, one of the justices of the peace in and for the said county, and upon oath makes complaint that on the day of &c. divers goods and chattels of him the said A B of the value of that is to say (here insert the articles) were feloniously stolen, taken and carried away from and out of the dwelling house of the said A B situate at aforesaid in the said county, and that he hath just and reasonable cause to suspect, and doth suspect that CD late of labourer, feloniously did steal, take and carry away the same; for that the said A B upon his oath aforesaid, doth depose and say, that (here set forth the circumstances of the theft and the cause of suspicion that it may appear to be reasonable) and thereupon he the said A B prayeth that justice may be done in the premises.

Before me, E. M.

Form of a warrant for felony.

DUTCHESS COUNTY, SS. To any constable of &c.

in the county of

farmer,

WHEREAS A B of hath this day made complaint upon oath before me E M one of the justices of the peace in and for the said county, that on the day of &c. divers goods and chattels of him the said A B of the value of that is to say (name the articles) were feloniously stolen, taken and carried away from and out of the dwelling house of him the said A B, situate at

aforesaid in the said county, and that he hath just and reasonable cause to suspect, and doth suspect that C D late of &c. labourer, feloniously did steal, take and carry away the same: These are therefore in the name of the people of the state of New-York, to command you forthwith to apprehend him the said C D and to bring him before me, to answer unto the matters contained in the said complaint and information, and to be further dealt with according to law-Herein fail not. Given under my hand and seal the day of &e.

T

Oath of a person demanding surety of the peace.

You do swear that you are in fear of your life, or some bodily hurt to be done or procured to be done you, by C D ef for that the said C D hath threatened to do some bodily hurt unto you [or, “to wound, maim or kill,” &c. or “to burn your house" &c. as the case is] and that you do not require the surety of the peace [or "of the good behaviour"] from him for any private malice, vexation or revenge, but for the necessary safety of your person.

Warrant for the peace or good behaviour.

County, ss. To any constable of, &c.

WHEREAS A B, of &c. in the said county, farmer, hath made oath before me, I F Esquire, one of the justices of the peace in and for the said county, that he is afraid that C D, of, &c. in the said county, labourer, will beat [or “wound,” &c.] him [or "burn his house," &c.] and hath prayed surety of the peace [or" of the good behaviour"] against the said CD: These are therefore in the name of the people of the state of New-York, to command you that immediately upon the receipt hereof, you bring the said CD before me or some other justice of the peace of the same county, to find suffitient surety, as well for his personal appearance at the next general sessious of the peace, to be holden in and for the said county; as also for his keeping the peace [or, “for his good behaviour"] in the mean time towards the good people of this state, and more especially towards the said A B. Giv en under my hand and seal at, &c.

General form of a Recognisance with sureties.
County of

SS.

BE IT REMEMBERED that on the day of &c. in the year of &c. CD of in the said county, labourer, N K, of, &c. carpenter, and and S T of the same place, saddler, personally came before me, I F Esquire, one of the justices assigned to keep the peace in and for the said county, and severally acknowledged themselves to owe to the people of the state of New-York, to wit, the said C D the sum of fifty dollars, and the said N K and S T, each the sum of twenty five dollars separately, of good and lawful money of the said