R v William Wild

JurisdictionEngland & Wales
Judgment Date01 January 1835
Date01 January 1835
CourtHigh Court of Chancery

English Reports Citation: 168 E.R. 1341

LINCOLN'S INN

Rex
and
William Wild

Referred to, Ibrahim v. R, [1914] A C 599.

1MOOD. 8. REX W. WILLIAM WILD 1341 1835. rex v. william wild (A prisoner charged with murder, being a. few days short of fourteen, was told by a man who was present when he was taken up, but not a constable, " Now kneel you down, I am going to ask you a very serious question, and I hope you will tell me the truth, in the presence of the Almighty " , prisoner m consequence made certain statements . Held strictly admissible ) [Referred to, Ibrahim v. R , [1914] A C 599.] The prisoner was tried and convicted before Mr Justice Gaselee at the Summer Aasizes for the county of Derby, 1835, of the wilful murder of Elizabeth Smith, by drowning her in a pit filled with water, on the 22d May. The prisoner at the time of committing the offence wanted one month and twenty days, of the age of fourteen The deceased was three years old Her sister Martha, who was also drowned, was one year old. The learned Judge passed sentence of death upon the prisoner, but respited the execution to take the opinion of the Judges upon the admissibihty of certain confessional evidence, which the counsel for the prosecution thought it necessary to adduce. The prisoner went into the service of Joshua Smith, the father of the deceased (who had three children), about the middle of April, to fetch the cows and do any thing that was wanted , when he had been in the service about a fortnight, he ran away. His mother sent him back to find a hoe which he had hidden or mislaid ; he found it, and stayed with Smith until the 22d May, the day in question About two or three o'clock, he was sent to fetch home the two children, who were playing at a little distance from the house The prisoner returned, and [453] shortly after the children were found drowned in a pond. The counsel for the prosecution, after an intimation from the learned Judge of his doubt as to the admissibihty of the evidence, proposed to prove certain declarations of the prisoner, in the nature of confessions. The learned Judge received the evidence, stating that he should reserve the question upon its admissibihty for the opinion of the Judges. The prisoner was taken into custody by Mr Wragg, not a constable, and on the same night was in the parlour of the inn to which he was taken, several persons, neighbours, but no constable, were in the room, and had been asking him questions about the children Amongst the...

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3 cases
  • R v Arjune
    • Guyana
    • Court of Appeal (Guyana)
    • 9 August 1968
    ... ... See R. v. Wild , (1835) 1 Mood. C.C. 452 , where the words, “I hope you will tell me the truth in the presence of the Almighty” were held not to have had a ... ...
  • O'Neill v Read
    • Ireland
    • Court of Common Pleas (Ireland)
    • 28 April 1845
    ...v. PettyENRENRENR 3 Mod. 258; S. C. 2 Vent. 72; S. C. Carth. 79. King v. ThorntonENR 1 Moody, C. C. 37. Wildeƒ€™s caseENR 1 Moody, C. C. 452. Hart v. Prater 1 Jurist, 623. Ingleden v. DouglasENR 2 Stark. 36. Trueman v. HurstENR 1 T. R. 40. Burghurt v. HallENR 4 M. & W. 729. Johnson v. ......
  • R v Johnston
    • Ireland
    • Court of Criminal Appeal
    • 13 April 1864
    ...6 Cox. C. C. 389. Lamb's caseENR 2 Leach, 154. Baldry's caseENR 2 Den. 446. Thornton's case 1 Moo. C. C. 27. The King v. WildENR 1 Moody, C. C. 452. Gilham's case Moody, C. C. 186. The Queen v. BerrimanENR 6 Cox, 388. The Queen v. Cheverton 2 F. & Fin. 833. The Queen v. BaldryENR 2 Den. C. ......

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