The Proceedings of the Old Bailey

 

  Edward Swinney and Mr.   Henry Harrison , were tryed for killing one   Jones , a Baylies Follower in  Lincolns-Inn fields , on the 8th of August : A Bill of Middlesex being brought to the Sheriff, and thereupon a Warrant granted against Harrison, for 60l. owning to a Tailor; one of the Sheriffs-Baylies, and five Followers or Assistants waited to take him, who came out of his dwelling in Lincoln Inn-fields in the afternoon, accompanied with Swinney the prisoner, and another Swinney his Brother, who is not taken; but Mr. Harrison (as 'tis thought) perceiving the Baylies struck out of the path, and hastned down to recover Lincolns-Inn back-gate, near which he made a stand, and the Baylies did not think fit to attack him there, but one of them, named Jones, turned down towards Shire-lane, upon which Harrison call'd to him, and with Oaths and ill-names said, they were Baylies that dogged him, and called to the other two, to draw their Swords and kill them: hereupon, the Chief Baylie (as they all swore) gave him the words of the Arrest, and desired him to obey the Kings Writ; but instead thereof, they came on with their Swords, and the said Jones engaging with Swinney, the Prisoner was by him slain: This was what the five Bayliffs now swore; and 'twas observable that there were no Witnesses for the King but they; who likewise swore they had but two Swords amongst them. But for the Prisoners, several Witnesses testified, that the said Jones first assaulted Swinney, and that they heard no words of Arrest, and that the Baylies had four Swords drawn. The case seemed to lye very hard on the Prisoners; the Writ and Warrant were proved: Five Bayliffs swore they did give Harrison the words of Arrest, and if so, the Killing of Jones in execution thereof must needs be Murder. But whether the Jury did not think fit to credit them, so it was, they only found the Prisoners guilty of Man-slaughter , who praying their Clergy, were Burnt in the Hand . And because the Court highly resented their Crime, thought it too much extenuated, they Committed them both back again to Newgate, for Eleven Months , without Bail or Mainprize.