Prosper, feloniously, wilfully, and of his malice aforethought, did kill, and murder, against the peace of our said Lord the King, his Crown and Dignity, and against the form of the act of the Commander in Chief of his said Majesty's Leeward Charribee Islands, in America, and the General Council and General Assembly of the said Islands, in such case made and provided.

PAUL HORSFORD, Solicitor General.
HENRY M. LISLE.

A True Bill.

JOHN STEPHENS, Foreman.

The Prisoner arraigned, and pleaded Not Guilty.
WILLIAM GORDON, Deputy Secretary.

VIRGIN-ISLANDS, 2

TORTOLA.

In the Court of Oyer and Terminer and Gaol Delivery, for said Islands,

REX 78. ARTHUR HODGE.

Indictment for Murder.

Witnesses.

«}

Perreen Georges, Sworn,

&

Stephen M'Keough, Sworn,

PAUL HORSFORD, Solicitor General.

HENRY M. LISLE, Pro Rege.

left buttock, and naked right and left thigh of the said negro man slave named Prosper, for the space of one hour, in the presence of, and by the command of the said Arthur Hodge, so feloniously, wilfully, and of his malice aforethought, given as aforesaid, and continued and persisted in by the said Arthur Hodge, the said slave, whose name is to the said jurors unknown, then and there giving with the cart-whip aforesaid, in obedience to the command of the said Arthur Hodge, so feloniously, wilfully and of his malice aforethought, given and continued and persisted in as aforesaid, upon the naked right and left buttock, and naked right and left thigh of the said negro man slave, named Prosper, divers mortal strokes, bruises, lacerations and hurts, of which said mortal strokes, bruises, lacerations and hurts the said negro man slave, named Prosper, from the said second day of October in the year aforesaid, until the fifteenth day of October in the year aforesaid, in the Island aforesaid, did languish, and languishing did live, on which said fifteenth day of October, in the year aforesaid, and in the Island aforesaid, the said slave called Prosper, of the said mortal strokes, bruises, lacerations and hurts, so given as aforesaid, by the command of the said Arthur Hodge, feloniously, wilfully and of his malice aforethought, died.

And so the jurors aforesaid, upon their oath aforesaid, do say, that the said Arthur Hodge, in manner and form aforesaid, the said negro man slave, named

Prosper, feloniously, wilfully, and of his malice aforethought, did kill, and murder, against the peace of our said Lord the King, his Crown and Dignity, and against the form of the act of the Commander in Chief of his said Majesty's Leeward Charribee Islands, in America, and the General Council and General Assembly of the said Islands, in such case made and provided.

PAUL HORSFORD, Solicitor General.
HENRY M. LISLE.

A True Bil.

JOHN STEPHENS, Foreman.

The Prisoner arraigned, and pleaded Not Guilty.
WILLIAM GORDON, Deputy Secretary.

VIRGIN-ISLANDS,

TORTOLA.

In the Court of Oyer and Terminer and Gaol Delivery, for said Islands,

REX VS. ARTHUR HODGE.

Indictment for Murder.

Perreen Georges, Sworn,

&

Stephen M'Kcough, Sworn.

PAUL HORSFORD, Solicitor General.

HENRY M. LISLE, Pro Rege.

To which the Prisoner pleaded Not Guilty.

Then the Pannel returned by Robert Glover Isaacs, Esq. the Deputy Marshal, was called over and consis ted of the following, viz.

Mr. Tyson, on behalf of the Prisoner, was proceeding to inform the Court, that he was not ready to come to trial, when Mr. Solicitor General, the Hon. Paul Horsford, Esq. applied to the Court to know whether counsel should be assigned the prisoner, and if so, whether for the examination of witnesses, and the discussion of points of law, or counsel in full; that with three able and experienced counsel on his behalf, Mr. Solicitor General thought the practice of the mother country ought to be adhered to, but admitted that the practice of the colonies varied in that respect; he proposed, in case counsel in full was assigned the prisoner, that one only, should address the jury, and mentioned the case of Barbot and Mills, at St. Kitts, where counsel in full was denied the prisoner, and cited 4 Blackstone, 355; 2 Hawkins P. C. 400; Lord Coke 3 Institute 137.

Mr. Chief Justice Robertson, said he had sat 24 years, and never knew that counsel in the fullest extent was refused even in crimes of a less degree; he admitted the doctrine in England recommended that one should open, another should examine, and the third should plead and address the jury; he should be sorry to sit where a prisoner was debarred counsel in the fullest extent. After some further argument, the Court appointed Mr. Tyson, Mr. Long and Mr. Musgrave, with permission to two, to address the jury, and any one to cross-examine, but that whoever be