John Francklin , John Pittam , and John Mobberly , were indicted, the first for the Murder of John Fox , the 12th of March last, by beating and striking him on the left Part of the Breast, and other Places, of which Bruises he languished from the 12th of March till the 17th, and then died; and John Pittam and John Mobberly for being present, aiding, and abetting the same .
They were likewise indicted a second time for the unlawful slaying the said John Fox.
There were several Evidences, as John Lough others , who depos'd, That he heard and going to a Stable, saw the Deceased down on some Straw, and the Prisoner Francklin fighting with him, and the other Prisoners present, but knew not the occasion of the Quarrel; that as they fought, sometimes one was down, and sometimes another.
William Fox , the Father, depos'd, His Son, the Deceased, came Home, and told him, that three Fellows, mentioning the Prisoner's Names, had fallen upon him, and almost knocked him on the Head; that he went to Bed, and continued very ill, and the next Morning desir'd to be blooded, and complained of a Pain in his Side; and he had afterwards a Looseness, a Vomiting, and a Fever, and died in five Days after.
Mrs. Fox depos'd, That the next Morning he complained of a Pain in his Stomach, and said, Father, I shall Die.
Paul Lewis , a Surgeon, depos'd, That he opened the Body of the Deceased, and found no Marks of Violence about it; and that it did appear to him that he dy'd a natural Death.
John Baker , a Surgeon, depos'd, That he was at the opening of the Body, and there
See original was a great Inflammation of the Lungs. He being ask'd, if there were no Bruises on the Body? He reply'd, There were some Bruises. He being ask'd, Whence he thought the Inflammation of the Lungs proceeded? He answer'd , He believ'd it might be from a Fever, and that the Fall and Blows might throw him into a Fever.
The Prisoners call'd several Persons to their Reputation; the Jury after a full hearing of the Matter, found John Francklin guilty of Manslaughter , and acquitted Pittam and Mobberly .