Offence: Killing > murder
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Walter Mooney , and Timothy Hartican , Soldier s were both Indicted for the Murther of James Marsh ; Mooney as principal, Hartican as accessary; giving him one Mortal Wound, in and upon the Left Buttock, near to the Left Hip, with a Sword value 2 s. of the depth of 4 Inches, on the 14th of Septemb. of which he Languished until the 14th of October following, and then died. It appeared upon the Evidence, that a Quarrel arose in Smithfield between the Prisoners and the deceased, about carrying the Prisoners to Spittle-fields in his Coach; which Marsh (the deceased) denyed, and drove away his Coach; upon which the Two Prisoners persued him: and immediately he Cryed out, that he was Run into the Back, and Mooney's Sword was found under his Coat naked, and all Bloody, which was produced in Court as a further Evidence against him, but no Evidence was able to Swear that Harticans Sword was drawn, the Chyrurgeon gave in Evidence, that Marsh dyed of the Wound. The Prisoners denyed that they pursued him, until the Coachman struck them, and took away a Belt; but they could not prove it: they had a very fair and distinct hearing: so upon the whole they were both found Guilty of Wilful Murther.