deced pitching over Walter and falling as Dept. believes
on his Head fractured his Shallan Dept. believesand
never spoke afterwards: that Dept. and Walter ledcarried
the deced home who bled something where he staid till the
Tuesday following and was this sent to St. Bartholomew
Hospital where he dead lastSundaSaterday.

Sworn the 21st. day of Febry 1764
before me}
Tho: Beach< no role > Corr.

Rober Marsh< no role > his mark [mark]

Comitted to Newgate.
found guilty of Mans Cr.}

Walter Marth< no role > Servt . to Mr. Buch hurst of Hams to a
afsd. Brichlayer maketh oath &thsaith that on Saturday
the 4h. inst. Dept. and his Bror. the deced being at work
together that day upon Hamstead Heath there felled
a small Tree which they designed for firing & to divide
equally between them: that after the deced & Robt. had
done work the deced told Robt. what Depts. the deced had
done and desired Dept. to assist in bringing it to the deceds
House;for [..] Robt.that a little before ten of the Clock
the same Evening Dept. with the deced and Robt. wentwth.
to fetch the sd. Tree to the decide House: that when they
got to the place where the Tree was the deced and he
Mattock to move the Tree and after having worked at it
a little while gave the Mattock to Dept. & desired him
to try to move it, that after Dept. had worked a litte while
the Deced took the Mottoch from Dept. & inendeavouring
to strike the Mattock into the Tree broke the Mattock
and thin fell into a violent passion with Dept. gave him
reproachful language and that him down with
the Handle of the Mattock, that Dept. then [..] endeavoned
to get away but the deced followed him, over took him,
and struck him over the left Shoulder with the Handle
of the Mattock and brot. Dept. to the Ground: that the
deced being much intoxicated with strong Liquor then
fell over Dept. and his Head pitchedingagainst a Brick
Wallfractured his Shul as Dept [..] and geting
up again immediately followed Dept. and struck him again
with the Handle of the Mattock on the left side of his Head
wet brot. Dept. again to the Ground & the deced following over
Dept. pitched his Head on the Ground near Mrs. Arnold's House & thereby as Dept.
believes fractured his Shul and never as Dept. believes
spoke afterwards. Says that after the deced had struck Deft.
down the first tune and fill over Dept. Dept. took the Mattock
from the deced and gave the deced one Blow with it over
the Right Arm: that the deced presently took the Mattock
from Dept. & beat him down with it again as before. That
a [..] Shop man of Mr Armstrong an Apothecary at [..]
bled the deced the next day; that he was sent to St. Bartholomew's H [..]
on the Tuesday next & decd thee last Saturday. the Mark of Walker March< no role >

Says that immediatly after the deced had struck Dept.
down the first time & fill over Dept. agt. the Brick Wall
his Bror. Robt. endeavoured to get the Mattock from the deced
but [..] . note and desired the decid not to strike Dept. any
more, saying and we not all Brors.

Sworn the 21st. day of Febry 1764 before me
Tho: Beach< no role > Corn.

of
The [mark] Mark
Walter Marsh< no role >