Middlesex
May Sessions 1799.
The King on the Prosecution of Thomas Humphrys< no role >
agst
Robert Aberdeen< no role >
Esqr
. & Danl. Morerod< no role >
for an Assault
Additional Observations for Deft.
Since the delivery of your Brief to oppose the Quashing of the Indictment herein the
Prosr. has Preferred anor. Bill of Indictment to the Grand Jury Charging the
Defts With Assaulting the Prosr. in the Execution of his Office as a Penny Post man
To Counter act this Measure the Pros being more culpaple than the Deft Morerod
And the other Deft Mr Aberdeen taking no part in the transaction it was thought
adviseable by way of set off to prefer a Bill at the same time time ags the Proser. for an
Assault on Deft. Morerod. Which the Grand Jury threw out but it had this effect that
they only found the New Bill agst. Morerod and returned it an Ignorances as to
Mr Aberdeen
The Prosecutor finding this hesitate now, whether he shall persevere in moving to
Quash the first Indictment (of which he had given Notice) seemingly wishing to prefer
that instead of trying the Second Indictment, Wherein Morerod is the only Deft
However as it Willbr of Consequence to the Deftr that the first Indictment should
be Quashed, in Order to have the testimony of Mr Aberdeen on the Second And as
the Prosr. has Made his Election by preferring the last Indictment And having
given Notice of Quashing the first Which he has not yet done, nor Seems inclined to do
And as we ought not to be put to the Expence & trouble of defending two Indictmts.
We have given Notice that we shall on Friday (to movers 10th May) move that the first
Indictment May be Quashed and our Recognizance in that Prosecution discharged
You will therefore Please to move accordingly and press (as you shall think
right) that the first Indictment may be Quashed (we having pleaded) with Costs As the
Prosn. ought to have Preferred a sufficient Indictment at first, to meet the Supposed
Offence An affid. of the service of our Notice to Quash will be ready in Court Be
so good as to move it early