He was a second Time indicted (on the Statute for Stabbing) for that he not having God before his Eyes, &c. on Jan 20. on Charles Dubois, did make an Assault, and in the Fury of his Mind, &c. with a certain Bayonet, &c. the said Charles on the Breast, below the Collar Bone did stab; he the said Charles not having any Weapon, &c. and giving the said Charles one mortal Wound, &c. (as above) of which he languish'd from the said 20th to the 21st of January, at which Time of the same Wound he died.
He was a third Time indicted by Virtue of the Coroner's Inquest for the said Murder.
John Sturgeon . The Deceased was my Fellow Watchman . The Night this Murder was committed, I was upon the Watch with him, and as I was giving the Hour of Twelve, I heard some body coming along, so I turn'd my self about, and cry'd, - who comes there? The Prisoner, - (I am almost sure, is the same Person) he had a Cask upon his Back, and a Woman was with him. I asked him, what he had got there? Damn thee (says he) what's that to thee? He pass'd over to the other Side of the Way, and I call'd out to the Deceased; he asked me what was the Matter; no Harm, says I, in the Name of God. When he came up to me, no Words in Anger pass'd, for I told the Prisoner, tho' he damn'd me, I would not damn him: But when the Deceased came to my Assistance, the Woman fell back from the Prisoner, and I went after her about 6 or 7 Paces; while I was pursuing her, my Partner cry'd out, - O Lord, Watch! Watch! the Rogue has stabb'd me! I caught hold of the Woman, and told her I would secure her till we found the Prisoner; and as I was carrying her to the Watch-house, I heard some body tripping after me, and turning round to see who follow'd me, the Prisoner stabb'd me in the Arm - I wish I was as sure of the Kingdom of Heaven, as I am that the Prisoner is the Man.
Q. Did you or the Deceased give any Provocation?
Sturgeon. No; there was not a'miss (an amiss) Word came out of our Mouths, nor any Provocation given, excepting, that we desired to know what he had upon his Back, at that Time of Night.
Q. Did you see any Blow given by the Deceased?
Sturgeon. No; the Deceased was not a quarrelsome Man; I never heard any Harm of him in my Life; I look'd upon him to be a careful good Watchman.
Prisoner. Please to let me send for Witnesses, to prove where I was all that Night. I was upon Guard all that Night.
C. That's an old Story, indeed.
Mary Dubois . I am the Deceased's Widow. On his Death-bed he declared, that as he was assisting this Watchman, he was stabbed by a Soldier with his Bayonet. He lived from Thursday Morning to Friday Night; and before he dy'd, he declar'd the Prisoner had murder'd him.
Edward Edmunds , Surgeon. I was called up about half an Hour after One, to dress the Deceased's Wound: I did not then imagine it was mortal; but next Morning, about Nine, I found it was. After his Death, I open'd the Body, and found the left Lobe of the Lungs was penetrated; this occasion'd a great Effusion of Blood, and was the Cause of his Death.
Defence. I was on Guard that Night, and this Man here is my Corporal: I wanted to go home, so I satisfy'd him, that I would come again upon Duty, about 10 or 11. When I had been at home some Time, I told my Wife I must return to my Duty, but I promis'd her, if I could get off, I would come home to Bed. She went down to the Guard-Room with me; but the Corporal not being there, we went to King-Street to look for him; and not 20 Yards from King-Street, a Man with a Pole, struck me down; we fell to fighting, and another Man with a Lanthorn struck me; but the Mob parted us, and I went about my Business, to the Fountain in King-Street, and there I drank 3 or 4 Pints of Beer with one Lamb, who work'd with me at my Trade of Shoe-mending: I told him I had been fighting, and we went together to a Night-Cellar, and staid there till 4 o'Clock in the Morning. I have no Witnesses here, but my Lawyer told me this Paper would satisfy the Court 'till To-morrow.
Edward Groom . The Prisoner is my Fellow Soldier. I did not see him upon Guard that Night after 10 or 11 o'Clock. I met him about 4 in the Morning in King-Street, but he had no Barrel on his Shoulders then: His Nose was bloody, and he had received a Blow between his Eyes: He said he had been fighting, but did not say with whom. I went with him to a Cellar at Charing-Cross, and there he swore, if it had not been for his Bayonet, he should have been murder'd
The Corporal. The Prisoner belongs to the same Company with me: About 11 o'Clock at Night he came to the Guard-Room, and after that I saw him not, 'till almost 4, at the upper end of King-Street. He drew his Bayonet, and told me, if it had not been for that, something would have attended him; and his Wife smil'd and said, Aye, so it would.
Mary Brown . I lodged in the Prisoner's House in Church-lane. On Jan. 14 he and his Wife went out at Night about Ten, and I did not hear him come home that Night. Next Morning, about Eight, I went into their Room, and asked them what Time they came home; they told me, between 3 and 4. I look'd upon him, and saw a Cut cross his Nose: I asked him how it came; he said, he was set upon by two Watchmen, and they were so resticall, that he was obliged to draw his Bayonet, and play away with it.
A Woman. I lodged at the Prisoner's House; I am no Relation of his, - no, nothing at all: When the Prisoner was taken up, he deliver'd the Key of the House to me. Well, - this Mrs. Brown, she did say, she could do for this Man, without he would procure her some Money; but what she meant I cannot tell. I went to Newgate to him, and told him what she did say. Well, - that is not all that I do know, he did say and make Answer, that this Woman did know nothing of him, and he was not afraid. Well, - this Woman she did go to Newgate, and she did say to him, with a Proviso he would produce Money, she would do for him; and he did say and make Answer, his Substance was gone, and a Bed to lye upon in Newgate, would signify nothing to him. That's all I do know. Guilty . Death .