The first count of the indictment charged that the prisoner on the 10th day of January 1811, and on divers other days and times between that day and the 20th of March in the year aforesaid, at the parish of St. Mary's in the county of Monmouth, wilfully, maliciously, unlawfully and feloniously did administer to and cause to be administered to and taken by one Hannah Mary Goldsmith, single woman, divers large quantities, that is to say, 6 ounces of the decoction of a certain shrub called savin, then and there being a noxious and destructive thing, the said H. M. G. on the said 10th day of January in the year aforesaid, and continually from thence until the said 20th day of March in the year aforesaid, at &c. aforesaid, being with child, but not quick with child, to wit, at the respective times of administering such divers large quantities of the decoction of the said shrub called savin as aforesaid, with intent thereby to cause and procure the miscarriage of the said H. M. G., against the form of the statute, &c.
It appeared that the prisoner prepared the medicine which he administered to Miss Goldsmith by pouring boiling water on the leaves of a shrub: and the me-
- [Footnote: maliciously administer to, or cause to be administered to or taken by
any woman any medicines, drug or other substance or thing whatsoever, or shall use or employ or cause or procure to be used or employed, any instrument or other means whatsoever with intent thereby to cause or procure the miscarriage of any woman not being or not being proved to be quick with child at the time of administering such things, or using such means, that then and in every such case, the person or persons so offending, their counsellors, aiders, and abettors, knowing of and privy to such offence, shall be and are hereby declared to be guilty of felony, and shall be liable to be fined, imprisoned, set in and upon the pillory, publicly or privately whipped, or to suffer one or more of the said punishments, or to be transported beyond the seas for any term not exceeding fourteen years, at the discretion of the court before which such offender shall be tried and convicted.]
