A website from the Massachusetts Historical Society; founded 1791.
close

Browsing: Legal Papers of John Adams, Volume 2


This note contained in document ADMS-05-02-02-0009-0001-0003
17. The position of this statement in the MS on the page facing and directly op posite the notes of Lot Lewis' testimony, note 12117 above, as well as its substance, suggest that it is a note by JA of the basis of his objection to admission of evidence on the Lusanna's Gibraltar trip. See text at note 11169 below. JA may refer to 2 Hawkins, Pleas of the Crown 437:
“And therefore it is agreed, That if one be indicted or appealed for killing another with a Sword, and upon evidence it appear that he killed him with a Staff, Hatchet, Bill or Hook, or any other Weapon with which a Wound may be given, he ought to be found guilty, for the Substance of the Matter is, whether he gave the Party a Wound of which he died; and it is not material with what Weapon he gave it, tho' for Form's sake it be necessary to set forth a particular Weapon. . . . Yet it seems clear, That Evidence of poisoning, burning, or famishing, or any other Kind of killing wherein no Weapon is used, will not maintain an Indictment or Appeal of Death by killing with a Weapon.”
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2014.
http://www.masshist.org/apde2/