776. MICHAEL SWIFT proceedingsdefend This name instance is in set 1993. was indicted for that he in the King's highway, with a certain blunderbuss (loaded with gun-powder and divers balls) which he held in both his hands, did wilfully and maliciously shoot at Charles West < no role > , against the statute, September 25th .

CHARLES WEST proceedingsvictim sworn.

I am boatswain of the Censor Frigate, a convict ship; I went down into one of the guard boats; they had hove one of the sets over board that we steady the lighters with to heave the ballast up. Michael Swift < no role > jumped into the boat; he stabbed me with a knife, and then took up a blunderbuss, and said, You bloody bugger! if you don't go out of the boat I will blow your brains out! there were others in the boat. Knowing if I went into the river I should be drowned, I asked him where he would have me go to; he said draw along the lighter, which I did; and he bid us all get out of the boat; before we could get out he fired the blunderbuss; it was charged; I had seen the captain charge it, and a brace of pistols; it was in the stern of the boat. If a man, who was in the boat, had not that instant tossed the mouth of it up I believe it would have shot me, and all that were in the boat. When he fired it he gave it to another man to load again.

WILLIAM ELBY < no role > sworn.

On Wednesday, September the 30th, going along by Wellclose-square I heard a disturbance; I was informed that Michael Swift < no role > had escaped from some of the officers. I went after him, he said, If you come after me, you bugger, I will blow your brains out! and he snapped a knife at me, which he had in his hand; I pursued him still, and knocked him down, and secured him; when I took him, he said he was afraid he was a dead man, for he had jumped into the boat, and taken a blunderbuss, and fired it at the boatswain; and had likewise stabbed him in his thigh; he begged we would let him go, for he said he was a dead man if he was taken!

JOHN FARRELL < no role > sworn.

Elby and I took the prisoner; I have no more to say than what Elby has said.

PRISONER's DEFENCE.

I did not fire the blunderbuss at him, nor stab him. The usage of the place is enough to make any man try to escape; they not only starve them, but murther them. I have no witnesses.

GUILTY Death .

Tried by the First Middlesex Jury before Mr. RECORDER.