1777-12-17 (static/transcriptions/1777/12/043.jpg)

1777. Sessions. Wednesday Dec. 17th.

Wednesday Dec. 17th 1777.

James Ford
Indicted for the Murder of Thomas Sidney Smith.
The deceased was a Lieutenant in the Company’s Service, Mr. Ford was a Chirurgeon in the Company’s Service. They were both in Garrison at Mongheer. Two Witnesses appear’d who both said they had no knowledge how Mr. Smith was kill’d; but the last Witness said “I said to Mr. Smith that I was sorry for the accident” “the deceased said” “Mr. Ford had behaved as a Man of Courage”.
Impey during the Trial appear’d very strict and severe against the Prisoner, and against the Witnesses, especially the first Witness, because they appear’d unwilling to tell all it was probable they knew, but before he began summing up he said to Chambers and to me, that he must direct the Jury as the Evidence appear’d, to acquit, and we assented to it, and he did so, and very properly caution’d them not to attend to any report they might have heard relative to the occasion of the Death of Mr. Smith, but to attend to the Evidence alone, now given to them on Oath.
The Jurors did not consider long on their Verdict.
They