1788-12-12 (static/transcriptions/1788/12/337.jpg)

144)

custody of A. till he be discharged of him by delivering him to the constable or common gaol, and therefore if he voluntarily suffer him to escape out of his custody, tho’ he were no officer, nor B. in.
Now with respect to the right in the present case of the prisr to detain the deced, it appears that it was his duty, and his right, to do so. The only question then that remains is as to the mode, & if there was no intention to torture or give pain, no malice or evil intention, I conceive he must be acquitted.

[Double Line]
Verdict, (at 7 P.M.) Not Guilty