Offence: Killing > murder
Verdict: Not Guilty; Guilty
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Francis Newland , and Jacob Gardiner , were both Tryed, for that they together with Alexander Phylboy , Jacob Phylboy : John Moor , Daniel Tulley , Charles Cutts , Charles Parker , Edward Karnage , and John Harte , did kill and murder one Francis Thomas Esquire . The Matter of Fact was that deposed, and the first Witness, for the King was one Anne Legg , who swore that on the 22d of February last, about 8 or 9 a Clock at Night, the Deceased Mr. Thomas was standing in her Cellar in Drury Lane buying a Penny-worth of Apples, when at the same time the Prisoners came roaring by in a very Riotous manner, and first threw down the falling board of her Window, and then they spake to Mr. Thomas calling him Son of a Whore, Rogue and Dog, Urging him to come up, and some of them came with Candles, and threw them in Mr. Thomas's Face, calling him Coward; but yet all this while Mr. Thomas gave them no ill Language, not so much as swore one Oath, so he being in fear got out of the Cellar to go away, and one of them was heard to say, Close him and kill him; another Evidence one Elizabeth Branson swore to the same purpose, being in the Cellar at the same time; and one Mr. Godlington (who saw the whole matter and took them) deposed, that they did all of them pursue Mr. Thomas with their Swords drawn, just like Hounds after a Hare, along Drury Lane , and one of them gave Mr. Thomas a Mortal wound upon the Back, near to the left Shoulder of the length of one Inch, and of the depth of sixth Inches, of which he died the next day, then he told them, Gentlemen this is an Inhumane, Barbarous thing, for so many of you to kill one Man; so having done, they fled, and the two Prisoners were taken, but the rest got away; Newland was taken in Parkers Lane, standing up at a Door crying stop 'em, stop 'em, with
Mr. Newland in his Defence called several Witnesses, who gave Account that he had always behaved himself very Civilly in all Company, and they did never perceive that he was given to Quarrelling; and Mr. Gardner proved, That he had no Sword nor Stick in his hand at the same time the Murder was done, (only that he unfortunately happened into the Company of the rest) and no Evidence was produced, that could prove him actually concerned in the Fact. So he was acquitted , but Mr. Newland was found guilty of wilful Murder.