Thomas Hardwick proceedingsdefend , Gent. of the Parish of St. Swithins , was indicted for the Murder of John Laskinby proceedingsvictim , Gent. by giving him a mortal Wound with a Rapier on the Left Part of his Body, under the short Ribs, of the breadth of half an Inch, and the depth of 3 Inches, on the 11th of July last, on which he languished to the 12th and then died . He was also indicted upon the Coroner's Inquest for Manslaughter. It appear'd by the Evidence. That the Prisoner and the Deceas'd were very intimate dear Friends; never happy out of one another's Company, but continually falling out when they were together. The Night before the Fact was committed, they were with some other Persons at the Swan Tavern in Red-Lion-Square, where a great many Fallings-out and Reconcilements had pass'd between them, which was so common that it was not much minded by the rest of the Company. It happened that the Prisoner was indebted to the Deceas'd who urged him to pay him the Money, and this occasioned their last Quarrel; high Words passed between them, and the Prisoner told him he might go out; upon which the Deceas'd replied, He did not some these to fight, he could fight a better Man than he was; Thus he had left an Ozhen Stick at a Friend's House, and was going to Tottenham-Court, and if he should light of him in his Way be would beat him first, and let him know robat Fighting was afterwards; but this passed, and they staid together till 5 a Clock; that Morning, when they parted very much in Wine. Three or four Hours after, the Deceas'd and another Gentleman called upon the Prisoner at his Lodgings and would have him out, neither of them being yet sober to get him to take up 41 1. at his Uncle's due to a Note he h in his Hands, to pay off their Demands, which being done they went to the Nagg's Head Tavern in Cheapside , and there they fell out again, one saying, You did not do honourably by last Night, and the other replying the same, threatning to fight, as usual; but this passed too, and they all agreed to take Coach to the Swan Tavern on Fish-street Hill, and Sir Knowles who was with them, where the Money was to be paid; but before they came to London-Stone. Mr. Knowles went out of the Coach to call upon a Friend; and being left to themselves they grew uneasy, and in a very little Time the Coachman was called to stop again, and the Deceas'd went out first, and the Prisoner followed; and while he was beating up his Seats the Business was done; the Prisoner was much wounded and down, and the Deceased was seen to strike him with the Hilt of his Sword; very furiously , and heard to say Damn him, he has hisled me, but I have mapled him for it. They were both carried to the Swan Tavern, and dressed, and laid the fault upon each other. The next Day the Deceas'd died. Upon the whole, considering they were both in Wine, and that their Blood had not time to cool, the Jury brought the Prisoner in Guilty of Manslaughter only .

[Branding. See summary.]