327. (M.) William Lee proceedingsdefend was indicted for contriving and intending Agnis his wife, who then being a subject of our Lord the King, to maim and disfigure, on purpose and of malice aforethought by lying in wait unlawfully did make an assault with a certain razor made of iron and steel, which he had and held in his right hand, the neck of the said Agnis his wife on purpose and of malice aforethought did cut, with intention the said Agnis to maim and disfigure , June 13 .

Agnis Lee proceedingsvictim . My husband came to my lodgings a month ago at night; he is the man at the bar. My throat was cut that night, but I was fast asleep, there were my two children in the room, and he and I, and no body else, we were all in bed together, I don't know what it was cut with, as soon as I felt the blood run, I got out of bed, and went down stairs. He came that night to me in kindness, telling me, he would reform his life, and I forgave him; he might be in liquor for any thing I know.

Q. What time did he come to you?

A. Lee. He came about a quarter after 12 at night, as he used to do when he did come.

Q. Had you had any quarrel with him?

A. Lee. No, none after I said I forgave him.

Q. Whereabout was you cut?

A. Lee. In my throat.

Q. What age are your children?

A. Lee. One is between eight and nine, the other two years and a half old.

(She turns herself to the Jury and shewed her wound, about three inches in length cross her throat.)

Q. from the prisoner. Whether I have not given you 40 l. a year since I did not live with you?

A. Lee. He allowed me but 3 l. 12 s. a year, since I lay in last.

Q. from the prisoner. Whether you never pawned my cloaths?

A. Lee. I did at the time when he would not allow me a farthing; he deserted me, and would not allow me any thing till taken up by the parish officers.

Q. from the prisoner. Did you not send to me since I was in custody and say, you freely forgave me, and that you never would trouble me?

A. Lee. No.

James Frazier < no role > . I live in the same house where the woman lodges, she has a three pair of stairs room. I thought something was at the door that night, I called, who is there? no body made answer, presently my wife said, Lee and his wife are quarrelling above; I got up to go to the door, and Mrs. Lee came down and knocked very hard, I opened the door, the woman burst in, I thought she wanted to go to bed to my wife, or to speak to my wife, they were intimate, I thought her words proceeded more from her throat than her mouth; I took and put her out at the door, and shut the door, and ran up stairs to her room, as I was going in at her room door, she came up directly after me as fast as I could run; there is a little long passage before I got to the room door; I catched her in my arms, and found my shirt all over blood, she seemed to utter some words, but I could not understand her, I put her down upon her own bed-feet, then I perceived the front of her shift all over blood, and her throat cut, I cried, Good God, what have you done? speaking to her before I perceived him; he made answer, she has done a fine job for herself, she has cut her own throat; then I perceived him standing on the floor in his shirt before the chimney corner, he had his hand close be his side, his shirt was all over blood on one side, but his hand being close to his belly, I could not see how that was. She seemed to justify herself upon hearing what he said, she said, O Will Lee! O Will Lee! this she spoke more plainer than she spoke before; my wife was coming up stairs, and I ran down directly.

Q. Did you see any body else in the room?

Frazier. I am pretty well assured there was no body in the room but themselves and the children.

Q. Did he say any body was there?

Frazier. No, he did not.

Q. What is the woman's character?

Frazier. She is a very honest industrious woman, I always looked upon her as such, she works hard for her children, a poor industrious woman; he used sometimes to come in secret, late at night when he did come.

Q. from the prisoner. Did not I meet her when you came running up?

Fraxier. No.

William Dearing < no role > . I am one of the constables of St. Martin's in the fields. (Produced a shirt, the right hand sleeve very bloody.) This the prisoner owned to be his shirt, he had just took it off when I came, and was putting a clean one on. On Sunday, the 12th of June, I heard a woman call for assistance, between 3 and 4 in the morning, Help me for Christ's sake, for my husband has cut my throat! I knocked hard at the door, and demanded entrance, a gentleman in the house asked who was at the door? I said, the constable; he opened the door. I saw Mrs. Lee standing on the stair-case, with her shift all over blood, bleeding at that time, I asked her, who had done her that injury? she said, her husband did it in her sleep, and they had had no words; I asked where he was, she said, up three pair of stairs; I met him, and laid hold of him, and said, he was my prisoner; he said, he was innocent, she did it herself; he was in his shirt; I took this bloody shirt from upon the bed; he begged leave to put his cloaths on, I granted him that, and went into the room with him; we asked, what it was done with? Somebody found a razor under a stocking, I believe his stocking, on the ground in his room. I took him to the watch-house, after that a person came and said, to all appearance she was dying, he said, she might die, and be d - d if she would, for she was no wife of his. I searched his pockets and found in them these chips, (producing a parcel of dry deal chips proper to kindle a fire with) he said they were to light his master's fire in the morning, and that be used to light his fire; but upon enquiring I found he did not. He said at the Justices, he found the woman had cut her throat, and he put his arm cross her to keep her from struggling; this he did to account for his shirt being bloody.

A Witness. I lodge up one pair of stairs in that house. On Sunday morning, the 12th of June last, I was alarmed with a noise in the house about 3 o'clock in the morning, I jumped out of bed, and listened at the door, I heard these words, A doctor, for Christ's sake, my husband has cut my throat! I shut my door till I had dressed myself, by that time the constable came up stairs, I went up after him; when I came into the room I saw the prisoner, I asked, what it was done with? he said he did not know; I looked about the room and found a razor by the bed-side on the floor, (produced in court with the appearance of blood upon it) there seemed to be a stocking or dirty rag over it; I saw the shirt after the constable took hold of it, it was bloody. (The Jury inspect the razor, and declare there is blood dried upon it.) The woman is a very industrious woman; she said, they went to bed very lovingly, and drank a glass of wine before they went to bed, they had not cohabited together for some time, and that she forgave him. A surgeon came, he asked me for a light, I lighted a candle, and when I came there I found a candle lighted in their chimney.

Q. Who were in the room when you first went in?

Witness. There were no body but the man and his wife and two children.

The facts were proved beyond all doubt, but it did not come within the description of the Act of Parliament, commonly called the Coventry Act, which is for maining the fact, he was Acquitted ; but remanded back to Newgate for twelve months, to be bailed, or continued under the direction of the Lord Mayor, as his Lordship shall think proper.