28th August 1678
Reference Numbert16780828-4
VerdictNot Guilty

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A Gentleman who had formerly belong'd to the Guard, was Indicted for lately Murdering his Companion at a Tavern in Kings-street , the matter of Fact thus. The Deceased meeting the Prisoner accidentally, desired him to take share of a Pint of Wine, which the Prisoner would willingly have avoided; but in vain he endeavoured it, since the Deceased would not part till they had Drunk together; which rather than give him any cause of Offence, the Prisoner

consented to go with him: Whereupon they went in, and when the one Pint was Drunk off, the party now Dead called for another, and after that another; insomuch that the Prisoner, who was then in hast, told him, he would Drink no more, nor stay any longer in his Company: Whereupon the other person Drew, and went to Assault the Prisoner, who put by his Pass, and getting up to him, had forc'd him to sit down in a Chair, and was holding by his Cravat with one hand, and his Sword in the other, when the Drawer came up; and taking particular notice of the Deceased, found his own Sword sticking about five Inches deep in the Deceased's side; but he being a Quarelsome person, and there being no sign of Malice proved betwixt them, the Sword also in such a Posture, as if it fell so by Chance and not by Accident, he was brought in not Guilty .

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