John Hamilton proceedingsdefend , Esq ; of the Parish of St. Martin in the Fields , was indicted for the Murder of Charles Lord Mohun, Baron of Okehampton proceedingsvictim , on the 15th of November last, by comforting, aiding, abetting, and assisting the most Noble James Duke of Hamilton and Brandon, and George Mackartney < no role > , Esq; in giving the said Lord Mohun a mortal Wound, in and upon the right side of his Body, near the short Ribs, of the breadth of one Inch, and the depth of Fifteen Inches, of which he instantly dyed . He was also indicted upon the Coroner's Inquisition for the same Murder.

Another Indictment was brought against him, for comforting, aiding and abetting the said Charles Lord Mohun < no role > , and George Mackartney < no role > , at the same Time and Place; in murdering the said James, Duke of Hamilton and Brandon aforesaid, by giving him a mortal Wound on the left part of the Breast, near the left Pap, of the breadth of Three quarters of an Inch, and the depth of Twelve Inches; And another Indictment likewise upon the Coroner's Inquisition for that Murder.

To all which he pleaded Not Guilty, and the Evidence was as follows: Rice Williams < no role > , one of the Lord Mohun's Footmen depos'd, That Duke Hamilton was affronted by the Lord Mohun, before a Master in Chancery. Two Days before the Duel; That parting without any Quarrel at that time, the latter went to Whites Chocolate-House afterwards supp'd at the Queen's Arms in the Pall-mall, and then went home, and order'd that Nobody should speak with him next Morning, except Mr. Mackartney, who not coming, Lord Mohun went to his Lodging, where having staid half an Hour, he and Mr. Mackartney went to the Duke of Marlborough's, and tarry'd there about the same space of time: That this Evidence having intimated to Colonel Jos. Churchill, who lodg'd in the same House as Mr. Mackartney, that there was like to be a Quarrel, his Lord check'd him severely for so doing: That from the Duke of Marlborough's the Lord Mohun went to Sergeants-Inn, where he was about half an Hour, and then din'd at the Globe in the Strand with Col. Churchill, Sir Robert Rich < no role > , and Mr. Mackartney. That his Lordship went from thence to the Play, and supp'd that Night with the Duke of Richmond, Colonel Churchill, Sir Robert Rich < no role > , and Mr. Mackartney. After Supper Mr. Mackartney sent this Evidence to his Lodging, and when he return'd they were all gone, and be cou'd not find his Lord all Night. That on Saturday Morning about Seven of the Clock, having still a suspicion of Mischief, he went towards Hide-Park, and saw Duke Hamilton's Coach going that way; whereupon he follow'd and with some difficulty got over the Park-wall, that he might not be seen; but by that time he came up to the Place where they were engag'd, he saw both the Lords fall, and two Gentlemen (whom he thought to be Seconds) by them. The one he knew to be Mackartney, but cou'd not be positive the Prisoner was the other; but that the other did say, We have made a fine spot of Work of it, or to that purpose, and that his Lord being help'd up, reel'd about Two Yards, and then fell, and dy'd presently.

Isaac Sison < no role > , at the Rose-Tavern in Covent-Garden, depos'd, That on the 14th of November, the and a Gentleman in Gray came and being shew'd a Room, ask'd if Stars and Garters us'd the House; a while after, the Duke of Hamilton came, and another Gentleman with him; and the Duke asking for Mackartney, the Gentleman in Gray hearing him came to him, upon whose coming, the Gentleman with the Duke went away; and the Witness carry'd in a Bottle of Wine, and they bid him go, for they wou'd help themselves. That the Gentleman in Gray went several times between the Duke and Lord Mohun; and then the other Gentleman came again to Duke Hamilton, and they went away together; but the Witness cou'd not say, 'twas the Prisoner that was with the Duke.

The Duke's Porter depos'd, That on the Fourteenth in the Morning, Mackartney's Man came to enquire if the Duke was stirring, and that afterwards he came himself, told his Name, and said he had Business of Importance from the North to communicate. That Mackartney came again at four of the Clock, and was with the Duke about a quarter of an Hour. After which the Duke went out, and came in again about Six, with Colonel Hamilton, and they din'd together, and then went out again, and the Duke came in about Eight, and staid all Night. The Evidence being ask'd whether, the Prisoner us'd to dine there, answer'd, Very frequently.

John Lesly < no role > (the Dukes Footman) swore, That on the 14th about Five in the Evening, the Duke went in a Hackney-Coach to the British Coffee-house, and sent him for the Prisoner, who came into the Coach, and went to the Rose-Tavern. That the next Morning by Six of the Clock, he was sent to the Prisoner to get himself dress'd, for the Duke would call upon him about Business; That the Duke came and took the Prisoner in, and bid the Coach-man drive to the Park; and the Witness being behind the Coach, the Duke gave him some Keys, and directed him where to find a morning Sword, which he brought, and the Duke bid the Coach-man drive to Kensington; they got out over against the Lodge, and went upon the Grass between the Ponds; the Duke having charg'd him to go and stay by the Coach; That afterwards he met Mackartney going towards Kensington; and then the Prisoner, who went away in the Dukes Coach, and told him the Duke was mortally wounded.

Andrew Clark < no role > (the Dukes Coachman) swore, the Duke order'd him before Six to get the Coach ready; and when it was done, he retir'd Three or Four Minutes, and then went and call'd the Prisoner, and from thence bid him drive to the Park; and there got out, and order'd the Coach to stand by the white Rails. That he saw Mackartney come by, with his Wastcoat-Buttons all bloody, and in a very melancholy Posture, and then the Prisoner came, and he took him into the Coach.

It farther appear'd, That when the Lord Mohun came into the Bagnio about One of the Clock on Saturday Morning, he seem'd very melancholy, and when laid down in his Bed, fetch'd a deep Sigh: That Mr. Mackartney came afterwards, and was very jocose.

John Pennington < no role > swore, That he was call'd from Bowstreet-end to the Bagnis, where he took up Lord Mohun and Mackartney, and drove 'em into the Park. When they came thither, he was sent to the Lodge for some burnt Wine, while they pretended to walk. That afterwards Duke Hamilton and another Person came to him, and ask'd him where those were that he brought, and he telling which way they were gone, they went that way also; whereupon he mistrusted something, went to the Lodge, and call'd for help. That he saw them go over the Ditch, and draw all their Swords; but did not see the Seconds push, tho' he saw them go to help the two Lords when they were down.

Joseph Nicholson < no role > , gave Evidence, That he was desir'd to come and help; and that he saw the Lord Mohun down, and Duke Hamilton fall over him; a Gentleman being behind the Duke, and another behind the Lord, endeavouring to raise them, with both their Swords drawn, that when he and others came up, the two Gentlemen deliver'd their Swords, but the Lords were not willing to part with theirs; That the Lord Mohun beginning to Faint, Markartney help'd to turn him on his side, saying, he believ'd he was sick with bleeding inwardly. And that after the Duel, Mr. Mackartney's Sword was very crooked and bloody when taken, but Colonel Hamilton's had no Blood at all. One Morris, a Groom depos'd, That he saw the Duel; That Duke Hamilton and Lord Mohun having push'd a little while, the Duke closed and took Lord Mohun by the Collar, which last fell and groan'd, and the Duke upon him; That he saw Lord Mobun lay hold of the Duke's Sword just as he was dropping, but cannot say it was in his Body; that he saw no Wound given after the closing, nor had Lord Mohun shorten'd his Sword.

Henry Amy < no role > , a Surgeon, depos'd, That he found Duke Hamilton had receiv'd a wound by a Push, which had cut the Artery and small Tendant of his Right Arm; another in his Right Leg, Eight Inches long, which he suppos'd to be by a Slash, it being very large; another small one in his left Leg near the instep; and a fourth on his Leftside between the second and third Rib, which ran down into his Body, most forwards, having pierc'd the Skirt of his Midriff and gone through his Coat, which Wound could not be given but by a Thrust coming from an Arm that reach'd over, or was above him. He further depos'd. That he also view'd the lord Mohun's Body, and found that he had a Wound between his short Ribs, quite-through his Belly another about Three inches deep in the upper part of his Thigh;, a large Wound about Four Inches wide in his Groin; and another small Wound on his Left Side; and, That the Fingers of his Left Hand were cut.

Paul Boussur < no role > another Surgeon, depos'd, That about a Quarter after Eleven on Friday Night the 14th of November, a Footman came for him to go to Duke Hamilton's; but he being in Bed, and not well, ask'd if the Duke was in; and being told he was not, desir'd to be excus'd till Morning. That the next Morning Mr. Ferguson came to him about Seven, and said. The Duke wou'd have him take Coach, and come to Hide Park to dress him if there shou'd be occasion. That not being up, he sent a Servant, and after sometime went to the Dukes House, and found him dead. That he open'd the Body, and perceiv'd the Wound between his Second and Third Rib to enter down into the Body, which could not be given but by some Push from above. And being ask'd if the Wound in his Arm wound hinder the holding his Sword in his Right Hand, he answer'd, That he might use that Arm for a while, it being the small, and not the main Tendant that was cut.

Mr. Ferguson give Evidence. That on Saturday, November 15th. about Seven in the Morning, the Duke his Master sent for him; and after having made him promise secrecy, told him he had a Challenge, and was oblig'd to vindicate his Honour; wherefore he had him get Boussier ready to attend in case of Need; but Boussier not being ready, he took his Man; and before he came to the Park, all was over.

The Prisoner in his Defence said, That the Duke call'd him to go abroad with him; but he knew not any thing of the matter 'till he came into the Field, nor never saw the Lord Mohun before. He had several Noblemen of Scotland, and other Persons of Quality, who all gave him the Character of a very Honest, Gallant, Inoffensive Man. After which, the Court summ'd up the Evidence, none of which being sufficient to prove the Prisoner's Knowledge of the Duel, the Jury found him Guilty of Manslaughter upon Two Indictments, and acquitted him of the Coroner's Inquisition. After which, he pray'd the Benefit of the Statute, which was order'd to be enter'd accordingly, and Execution done pursuant to the same.

[Branding. See summary.]