84. Jacob Parker proceedingsdefend , was indicted for the Murder of James Purser proceedingsvictim by wilfully, maliciously, and violently striking him on the Fore-part of his Head with a Broom Stick, and thereby giving him one Mortal Wound and Bruise, July 7 , of which he languished till the twelfth of the same Month, and then died .

He was a second time indicted on the Coroner's Inquisition for Man slaughter.

Joseph Darby < no role > . About ten of the Clock on Monday Night, the seventh of July, the Prisoner came in, and went up Stairs, and being at the Head of the one pair of Stairs, he called to the Deceased's Daughter, who was below, and asked her about a Cane: she telling him that she knew nothing of it, he threatned to knock her Brains out: Upon which I heard the Deceased, who was a lame old Man, come down from the two pair of Stairs Floor. I was desired to go up, which I did, and somebody followed me with a Light: I saw the Prisoner standing with a Cane in one Hand, and a Broomstick in the other, and the Deceased leaning on his Crutch, with nothing upon him but his Shirt, and night Cap. I advised the Deceased to go up to Bed again; I had hardly spoke, when the Prisoner put out the Candle, and immediately I heard a violent Blow struck, and felt the Blood run down my Arm. Another Candle was presently brought, and the Prisoner then had the Broomstick in his Hand, and it was bloody at the biggest end. I heard no provoking Words from the Deceased, and it was impossible that he should give any Blows, because he could not stand without his Crutch.

Mary Lamb < no role > . I live below Stairs in the same House; about three Months before this Misfortune, the Prisoner had like to have killed the Deceased, by striking him with his Cane, for which Reason the Deceased's Daughter took that Cane and hid it - So on the seventh of July, about ten at Night the Prisoner came in, and went up one pair of Stairs, and then called to Sally, (the Deceased's Daughter) and told her he would have this Cane: She said it had done Mischief enough already, and therefore it was put out of the way. Ye little Bitch, says he, I will knock your Brains out if you speak another Word. Thereupon the Deceased got out of Bed and went down and I went with a Candle, but my Candle was knocked out, and a Blow was given. And just as the Deceased's Wife came with another Candle, the Prisoner, lifted up this Broomstick, which he held in both his Hands thus, and was going to strike the Deceased another Blow. Ye Villain, said I, will you strike the poor old Man again, and with that I went to catch hold of the Broomstick, and received such a Blow on my Arm, that I carried the Mark of it for two Weeks. Here is the Broomstick, and here you may see the Blood upon it still.

Sarah Purser < no role > , the Widow of the Deceased. The Prisoner came in with a little piece of Candle in his Fingers. I was then going up, and he going up too, would have taken the Wall of me, which I refusing he called me Names: when he got to the Stair's Head, he and my Daughter had some Words: Ye tallow Face Bitch, says he, do you chatter? I will knock your Brains out. I heard my Husband get out of Bed, and open his Chamber Door. I went up soon after, and found him all in a gore of Blood, upon which I struck the Prisoner with a fire Shovel, and then I got my Husband to bed. He was lame, and sixty three Years of Age. Next Morning, which was Tuesday, he went before Justice Chamberlain, who bound the Prisoner over for an Assault, we not then thinking the Wound was mortal. On Wednesday, about five in the Morning, my Husband went to his Work, (he was a Weaver by Trade) but he returned and complained of such a violent Pain in his Head, where the Wound was, that if he could not get safe, he should run mad. On Thursday I had Mr. Fremoult the Surgeon, who said, he believed the Wound was not mortal, and so advised me to get him some Sage Tea, and to lay on a Blister. But from that time, my Husband frequently clapped his Hand to his Head and cryed, Sarah, for God's sake knock my Brains out.

Sarah Purser < no role > the Deceased's Daughter. The Prisoner came in with a bit of Candle, he wanted to take the Wall of my Mother, she refused, he called her Bitch and went up, and then called her a great many Bitches: Ye are an old Rogue, says I, to call my Mother Bitch. Ye little Tallow Fac'd Bitch, says he, if you chatter, I will knock your Brains out. My Father coming out at his Door, the Prisoner cryed, come out you old Rogue, for I am ready for ye. Hearing this, I desired Mr. Darby to go up, which he did, and in a little time I followed him, and saw my Father all bloody.

Isaac Batson < no role > . Going cross the Yard, I heard a Cry of Help for God's sake! Murder. I run up, and then found the Deceased and Prisoner both bloody, and the Deceased had got hold of one end of the Prisoner's Stick, and the Prisoner had hold of the other end, but I got it from the Prisoner.

Mr. Hall. Three Months before this last Accident, hearing Murder cry'd in the Deceased's Room, I run in and saw the Prisoner striking him on the Head with this Cane, and the Deceased then standing by a Window which he leaned on (for without something to lean on he could not stand) he gave the Prisoner a Blow on the Hand with his Crutch, and wounded his Finger. I asked the Prisoner what he meant by abusing the old Man. Damn him an old son of a Bitch, says he, I will murder him.

Prisoner I was going up with a bit of Candle, but this Woman and her Daughter crouded up the Stairs so that I could hardly get along. I think you are bewitched, says I, to stop the Passage up. Upon that the Mother and Daughter began to call me rotten old Dog, and stinking Rogue, and so I swore at the Girl, and said, Ye little Toad I will knock your Brains out. Then the Deceased came to the Stair's Head, and said, Whose Brains will you knock out? Your insolent Daughter's, says I, and with that he up with his Crutch and broke my Head - He had served me so twice before - I did not strike him with the Broom Stick, but with my Cane, and then his Daughter fell on me with a Candle-stick, and his Wife with a Fire-shovel.

Joseph Darby < no role > , again. I went up, and the Prisoner put the Candle out before any Blow was struck. and in two Minutes another Candle was brought; the Deceased was then bloody, but the Prisoner was not, and there was Blood on the Prisoner's Broomstick, but none on his Cane.

The Jury found him Guilty of Manslaughter .

[Branding. See summary.]