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post-office, the postmaster-general offered by advertisement, as is usual on such occasions, a reward of two hundred pounds for the apprehension of the robber; but nothing transpired in the course of several weeks.

Stretton still continued to pay his addresses to the butcher's daughter; but her father, unwilling that she should marry a man in low or doubtful circumstances, was continually talking to him on the subject of money matters. At length, Stretton was so imprudent as to show him the drafts in his possession, and even to send a porter to Mr. Boldero's, the banker, for the acceptance of one of them, that no doubt might remain of their being good notes; but the porter had no sooner presented the bill, than he was detained, and a peace-officer and other persons were sent in search of Mr. Stretton, whom they found at his own house.

They enquired how he came to be possessed of the note in question: to which he replied, that he had taken it in the course of business from a person in Bond-Street, who was in his debt.

This story did not seem to be credited; however, a coach was called, and the parties went together to Bond-Street, in search of the person who was said to have paid the bill; but no such man could be found on which, the suspicions againt Stretton being greatly strengthened, he was conveyed to the house of Sir John Fielding, who committed him to Newgate, to abide the event of a trial.

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Objections being made by counsel to the putting him on his trial at the first and second sessions after his commitment, it was accordingly brought on at the third.

When on his trial, full proof arose that the drafts and notes which had been taken out of the

mail were found in his house; and as he could give no probable account how they came into his possession, there was a strong presumptive, amounting almost to positive, proof that he had himself committed the robbery; and the jury, after a full deliberation, did not hesitate to pronounce him guilty in consequence of which he received sentence of death.

After conviction, he was regular in his attendance on the offices of divine worship; but no arguments that were made use of could prevail on him to acknowledge his guilt; and he steadily persisted in a denial of the justice of his sentence.

On the morning of execution, when he was called down to the press-yard, to have his irons knocked off, he was urged by the ordinary of Newgate to make an explicit confession of the crime; but he still persisted in declaring himself innocent. He suffered at Tyburn, on the 1st of August, 1770.

MAIMING, OR MAYHEM

Was first made single felony by the 5th of Henry the Fourth, cap. 5. It is defined to be maiming, cutting the tongue, or putting out the eyes of any of the king's liege people.' The statute of the 22d and 23d of Charles the Second, cap. 1, extends the description of this offence to slitting the nose, cutting off a nose or lip, or cutting off or disabling any limb or member, by malice aforethought, and by lying in wait with an intention to maim and disfigure; and this statute made the offence felony without benefit of clergy.

To prove malice in this crime, it is sufficient that

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the act was voluntary and of set purpose, though done on a sudden.

Mayhem, as explained in the above statutes, is certainly a very atrocious offence; and as the punishment is not followed by corruption of blood or the forfeiture of the property of the offender, it is, according to the present system, perhaps not too

severe.

One particular sort of mayhem, by cutting off the car, is punishable by an act 37 Hen. VIII, cap. 6; which directs that the offender shall forfeit treble damages to the party grieved, to be recovered by action of trespass, and rol. by way of fine to the king. Colquhoun.

MALEFACTORS. See ARSONRY, COINERS, LARCENY, MURDER, THEFT, &c.

MANSLAUGHTER

Is defined to be, the killing another without malice, either express or implied; which may be either voluntarily, upon a sudden heat, or involuntarily, but in the commission of some unlawful act. See BRANDING.

MARRIAGE, FORCIBLE.

Forcible marriage, or defilement of women, is an offence considered next in point of enormity to rape; but it is somewhat remarkable, that by confining the punishment to offences against women of estate only, the moral principles are made to yield to political considerations; and the security of property

property, in this instance, is deemed more essential than the preservation of female chastity.

In short, the property of the woman is the measure of the crime; the statutes of the 3d of Henry the Seventh, cap. 2, and the 39th of Elizabeth, cap. 9, making it felony without benefit of clergy, to take away, for lucre, any woman having lands or goods, or being an heir apparent to an estate, by force, or against her will, and to marry or to defile her. The forcible marriage and defilement of a woman without an estate is not punished at all; although, according to every principle of morality and reason, it is as criminal as the other. It is, indeed, an offence not so likely to be committed.

However, it seems in every point of view impolitic to punish such offences with death; it might be enough to expiate the crime by alienating the estate from the husband, vesting it in the wife alone, and confining him to hard labour; or by punishing the delinquent, in very atrocious cases, by transportation. Colquhoun.

Marriage per force is very improbable, as a woman must certainly give her consent at the altar or there can be no marriage: the offence, therefore, must be defilement; and surely, in that case, be the woman rich or poor, the violator is punishable.

The least encouragement on the part of the woman will in a great measure acquit the man, who cannot be said to have proceeded against her will, if courted by her smiles. Such has been recently the case in the trial of the Gordons at Oxford (1804), and it is the duty of the judge upon such occasions always to direct an acquittal. Editor.

MISADVENTURE, HOMICIDE BY.

Homicide by misadventure is, when one is doing

a lawful act, without intent to hurt another, and death ensues. For this offence a pardon is allowed of course; but, in strictness of law, the property of the person convicted is forfeited; the rigour of. which, however, is obviated by a writ of restitution of his goods, to which the party is now, by long usage, entitled of right, only paying for suing out the same. Colquhoun.

MISDEMEANORS PUNISHABLE BY FINE, IMPRISONMENT, WHIPPING, AND THE PILLORY.

The principal of which are the following: Perjury, or taking a false oath in a judicial proceeding, &c.

Frauds, by cheating, swindling, contrary to the rules of common honesty, &c. &c.

Conspiracies for the purpose of injuring or defrauding others.

Assaults, by striking or beating another person,

&c.

Stealing dead bodies.

Stealing cabbages, turnips, &c. growing.

Cutting and stealing wood and trees.

Robbing orchards and gardens.

Stealing deer from forests.

Stealing Dogs.

Setting fire to a house to defraud the insurance. office.

Making and selling fire-works and squibs.

Throwing the same when on fire about the streets,
Uttering base money.

Selling base money under it's denominated value. Embezzlement in the woollen, silk, and other, ma nufactures.

Offences by artificers and servants in various trades.

Combinations

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