r, but on the contrary it was proved that they
had many janglings and quarrels together, in which Cluff had sometimes
struck her. However it was, on the 11th of April, 1729, Mary Green being
at dinner in a box by herself, Cluff came in and went into the box to
her, where he had not continued above four or five minutes before he
called to his mistress, who was walking up and down, _Madam, pray come
here._ By this time the maid was dead of a wound in her thigh, which
pierced the femoral artery. There was a noise heard before the man
himself came out, and the wench was dead before her mistress came in.

However, Cluff was immediately apprehended, and at the ensuing sessions
at the Old Bailey he was indicted for the murder of Mary Green, by
giving her a mortal wound in the right thigh, of the breadth of one
inch, and of the depth of five inches, of which she instantly died. He
was a second time indicted upon the coroner's inquest for the said
offence, and also a third time upon the Statute of Stabbing. However the
evidence not being clear enough to satisfy the jury, on his trial he was
acquitted by them all. But this not at all satisfying the relations of
the deceased Mary Green, her brother William Green brought an appeal
against him, which is a kind of proceeding which has occasioned several
popular errors to take rise. Therefore it may not be improper to say
something concerning it for the better information of our readers.

Appeals are of two sorts, viz., such as are brought by an innocent
person, and such as are brought by an offender confessing himself
guilty, who is commonly called an approver. An innocent person's appeal
is the party's private action, prosecuting also for the Crown, in
respect of the offence against the public, and such a prosecution may be
either by writ or by bill. As to the writ of appeal, it is an original
issuing out of Chancery and remarkable in the Court of King's Bench
only. Bills of Appeal are more common and contain in them the nature
both of a writ and a declaration, and they may be received by
commissioners of gaol delivery or justices of assize.

Those which are in use at present in capital cases are four, viz.,
Appeals of Death, of Larceny, of Rape and of Arson. The first is both
the most common and that of which we are particularly to speak. It is to
be brought by the wife or heir of the person deceased, unless they be
guilty of the murder, and then the heir may have an appeal agains