154. (M.) William Platten proceedingsdefend , was indicted, for that he, feloniously, wilfully, and of malice aforethought, on Richard Snow proceedingsvictim did make an assault, and cast a heavy piece of wood, of no value, which he had, and held in his right-hand, as the said Richard was standing on the gunnel of a certain barge, lying and being on the river Thames; and, by such casting and throwing, the said Richard did strike and hit on the body with great force and violence; by which striking and hitting him, the said Richard did wilfully, and of malice aforethought, force into the said river Thames, who was then and there suffocated and drowned : he stood likewise charged on the coroner's inquest for manslaughter, March 6 . ++.

John Scott < no role > . I know nothing more than the confession of the prisoner. I was not present when the thing happened. The deceased was my servant . I saw him after he was dead; he appeared to have a wound on his forehead, given with a piece of wood, or some such thing.

Q. What did the prisoner confess?

Scott. He own'd he flung a piece of wood at the deceased.

John Perry < no role > . I heard William Platten < no role > own he heaved a piece of wood.

Q. Did you see him heave it?

Perry. No; but I saw it when it was in the air.

Q. What sort of a piece of wood was it?

Perry. I was at a distance. I cannot give a just account of what it was.

Q. Was it large or small?

Perry. Not very large.

Q. How many inches do you think?

Perry. Three or four inches long.

Q. Did it hit the deceased?

Perry. It did. It hit him on the back part of the head.

Q. Did you hear any thing said at that time?

Perry. I can't say I heard any thing in particular.

Q. Was that the occasion of his death?

Perry. I can't say that.

Q. When did he die?

Perry. I don't know. He was drown'd.

Q. When?

Perry. Soon after the piece of wood was in the air.

Q. Did you see him fall into the river?

Perry. I did.

Q. Did you hear any words?

Perry. No; I heard nothing.

Q. Do you know whether it was done in play or earnest?

Perry. It might be out of diversion or fun. It is usual to throw things at one another on the river.

Q. Do you think it was done with an intent to hurt or kill him?

Perry. I do not think it was.

Q. Was there any provocation given?

Perry. All the provocation was the casting off a rope.

Q. Whose servant was the deceased?

Perry. He belonged to Mr. Scott.

Q. What reason did he give for casting off the rope?

Perry. The ship was fastened to Mr. Scott's craft, and he turned the ship a-drift.

Q. What ship was the prisoner on board?

Perry. He was on board the ship, it was a transport-ship; all the words I heard pass was, Richard Snow < no role > said, If he fastened the vessel to his craft any more, he would cut the rope.

Cross Examination.

Q. What distance was the ship from the barge when this happened?

Perry. Between 20 and 30 yards distance.

Q. What sort of a piece of wood was it that was thrown at the deceased?

Perry. I believe it was a chip.

Q. Did you ever know of any enmity between the two parties?

Perry. No, never; I believe they never saw one another in their lives before.

John Berry < no role > . I was in the barge when the accident happened. I saw the deceased fall down.

Q. What caused him to fall?

Berry. It was by the force of the piece of wood that was thrown at him.

Q. What provocation was given for that?

Berry. He had turned the ship a-drift before I came to the barge. I heard the captain of the ship say, if he had had a gun on board, he would have shot him. The deceased said, if it was fastened there again, he would cut it again; and if he gave him any more jaw, he would break the cabin windows. Then they began throwing pieces of wood at him, which is done very frequently on the river Thames.

Q. Did you see many pieces thrown?

Berry. I saw several pieces thrown.

Q. What sort of a piece was it that hit him?

Berry. It was a piece about as thick as my wrist, and about five inches long; it was part of a billet.

Cross Examination.

Q. Were there many people on board the ship?

Berry. There were.

Q. Did you hear any body else speak besides the captain?

Berry. No, I did not.

Charles Vanderbank < no role > . I saw the bit of wood come out of the ship, but I cannot tell who threw it.

Q. Did you see the boy hit with it?

Vanderbank. I did, and saw him fall into the river.

Prisoner's Defence.

I was hauling in the ropes, and threw that piece of wood out of my way, without seeing where it would go.

For the prisoner.

Jos. Hurry. I was master of the ship last year, I am not now. The prisoner has been 12 months with me; he is now in my service. I am owner of the ship; he belongs to her now.

Q. How is he for temper and disposition of mind?

Hurry. He is of a very humane, good-natured disposition, not apt to be passionate, quite the contrary.

Q. Is it a common thing to throw things in sport from one vessel to another.

Hurry. It is very frequently done.

Acq.