Proceedings of the Council of Maryland, 1752. 555

further deferred, especially as I hope you will upon reconsid-
ering the proof lately Sent the Additional one of Logsdon
now inclosed and the Several Depositions which your Govern-
ment formerly had from This relative to the Land of M^r
Digges think my Demand of Kitzmiller Sufficiently justifyed,
and that nothing can be thought wanting except the Authen-
ticity of those Depositions of which you imagine to be proper
for your own Justification, and shall be forwarded to you as
Soon as you Signify in what manner you would have the
Copies authenticated; unless you would chuse to have the
Originals which properly ought to be lodged here, but how-
ever I would upon your desire furnish you with them for your
greater Satisfaction
However Cautious and Tender you are not to give a hard
Name to a Cruel fact yet Surely the Shooting a man in the
Back after he had Intreated not to fire the Gun and when he
was Hastening away from the Place and Person Supposed to
be offended (tho not the least Violence had been offered)
must be ranked under that Species of Crimes which our Law
denominates murther, and which the Voice of Nature Human-
ity and all Civilized Nations Equally declares against and
Condemns :
This may partly answer your Hint of a " Possibility that
the Nature of the Crime may depend on the Jurisdiction."
For I am at a loss to Guess how the Circumstance of Juris-
diction either in the Proprietary of Maryland or Pensilvania or
Ownership in Digges or Kitzmiller can alter the Nature or
even alleviate the Heinousness of such a Crime, Besides if it
could Possibly influence the Case, would not the Prisoner have
the full advantage of it on his Tryal when all the Witnesses
must be examined Viva Voce and Subject to his cross exam-
ination But to pursue your objection a little further permit me
to Say that you can hardly persuade me or even yourself Kitz-
miller would object to the lurisdiction of your Courts tho the
Witnesses should in the fullest manner prove the Fact comitted
within that of this Government, Whereas upon his Tryal in

Lib. C. B.

this Province he would not fail to insist at all Events on the
Incompetency of Ours, So that even upon this inequality of a
proper Inquiry and Consideration with regard to the Juris-
diction as far as the Prisoner or indeed the Proprietarys may
be concerned the place of Tryal ought to be under this Gov-
ernment
You have pointed out Three Facts necessary to be proved
for maintenance of Our Claim Viz.
i" That M^r Digges had right to Land under Lord Baltimore
2^d That the Place where the Act was done lies within the
Limits of that Land.

p. 494