William Barrow , of the Parish of St. Buttolphs without Algate , was indicted for the Murther of one Thomas Trevis , a Watch-man , on the 11th of February last, by giving him a Mortal Wound with a Sword on the left part of the Body, near the Left Pap, of which he instantly dyed . The first Evidence deposed, That he was a Constable, and going his Rounds down Rosemary-Lane, in a Alley found the Prisoner and a Woman, who he suspected to be loose Persons, and was for carrying them to the Watch-house, upon which he took his Sword from the Prisoner, and gave it to the Deceased to carry to the Watch-house, and going along the Woman would not go so fast as the rest, and on a sudden the Prisoner snatch this Sword from under the Deceased's Arm and gave him the said Wound, and held the Sword up with his Hand; and on a sudden the Deceased cryed out, That he was Stuck; and when he, came up to the Prisoner, he swore he would kill him, and made a pass at him, which missed his Body, and ran against some Pales; and that his Sword was bloody by reason it left some Blood upon his Coat-Sleeve. Another Evidence said, That the Prisoner pulled the Sword from under the Deceased's Arm, and stuck him, and after made a pass at the Constable, upon which he knockt him down and took him. Another Evidence was a Surgeon, who deposed, That he probed his Wound, and that it was the cause of his Death. The Prisoner for his Defence, said, That he was a Soldier at the Tower-Guard , and his Serjeant gave him leave to go and see his Wife, but going up Rosemary-Lane had occasion to untruss a Point, went into an Alley, and the Constable found him there, and took hold of him, upon which he gave him his Sword when he demanded it: He said that the Watch-men were rude with him, and gave him several Blows and Punches with their Staves, and that they dropt the Sword in the Street, and did not snatch it from the Deceased. He called several Witnesses to prove that his Sword was broke before he met them, and produced a piece of a Sword to match it, but they did not agree together. And the Constable said further, That he did believe that the Sword was broke after the Deceased was Killed, when he made his pass at him, and run it into the Pales. There was another Evidence, who heard the Prisoner say, That he was sorry he had not killed another Watch-man instead of the Deceased. All which the Jury considering, found him Guilty of Murther.