proceedingsdefend , of St. Martins in the Fields . Gent was indicted for the Murther of Timothy Kelly proceedingsvictim , the 20th of June last, by giving him one Mortal Wound with a Raper on the left side of his Belly, of the breadth of a quarter of an inch and the depth of 8 Inches . Charles Comelly < no role > depos'd, that he having heard his Friend was killed at a House in Long Acre , went to the House and desired to see him, and being admitted he found him lying near the Chimney in a Room up one pair of Stairs, with his Hat under his Head a Wound in his right Side. He then enquiring who had killed him, was informed it was Mr. Ryan, he thereupon goes to Justice Hillon to enquire what he must do who advised him to take a Warrant against the People of the House, which he did and prefer'd a Bill of Indictment against Mr. Ryan, to answer for the Death of his Friend.

Ann Daneer < no role > , Servant in the House, deposed, that the Prisoner Mr. Ryan came to her Mistresses House at about half an Hour past 9 a Clock at Night the 20th of June, enquiring what they had for Dinner and being answered that they had nothing left, he desired that something might be got for him, and went up Stairs, and not long after Mr. Kelly the Deceased came in with some other Gentlemen, and staid till about 11 a Clock, and having gone out to see a Gentleman with whom he had been a Drinking to his Lodging, he came back, and enquired who was above Stairs, and was answered no Body he knew. To which he reply'd G - d - mn you you be , and would needs go up and see, and run about half way up Stairs, and then fell down being pretty much in Liquor; but getting up again be drew his Sword and ran up to the Chamber where the Prisoner was, and entering the Room, said G - d d - mn you you Rascal. you Scoundrel, I'll stick you. That Mr. Ryan being sitting in his Chair, he said to him Mr. Kelly be cosy, you are drunk and I am sober why should we quarrel? That then the Deceased pushed at the Prisoner 2 or 3 times with his naked Sword, and he jumping out of his Chairman ran to the Window where his sword lay, the Deceased following him and pushing at him and there leaning backward to avoid the Deceased's Thrust defending himself with one Arm, with the other took up his Sword; that she then ran to the Stair head and Cry'd out, and then a Friend of the Deceased's who staid for him below stairs came up. Elizabeth Cox < no role > the Mistress of the House confirm 'd what the Maid had said as to the Manner of the Prisoner and Deceased's going up Stairs, adding that the Prisoner waited there for one Captain Robinson, and that she hearing the Bustle above Stairs and the Man cry out, call'd for Mr. Andrew Mahan < no role > who stood at the Door waiting for Mr. Kelly to go Home, to go up to prevent Mischief, which he did. Mr. Andrew Mahone < no role > deposed that he came to Mr. Cox's House about 9 or 10 a Clock with one Mr. Tully, and there found Mr. Kelly Drinking with 2 or 3 Gentlemen, and that one Captain Dove came in, and having Drank some Wine, Captain Dove was for going, and Mr. Kelly went to see Captain Dove to his Lodging, and he went with them ; that afterwards Mr. Kelly would go in again to Mr. Cox's House, but he would have persuaded him, to go Home, but he would not; he therefore waited for him, supposing he would come presently, saw him talking with the Landlady at the Bar about a Pint of Wine which she said was left unpaid, and in a short time he heard the Landlady cry out, whereupon he ran up and found the Prisoner and Deceased pretty close together and striking one at the other, the Prisoner leaning backwards to the Window, and Mr. Kelly calling him Rascal, Villain, Scoundrel, and the like, that then he endeavoured to strike up the Deceased's Sword with his Cane, but he parried it; the Deceased being in Drink stagger'd back but was coming on violently again. when the Prisoner closed him, and in the Scuffle disarmed him and called him to take both their Swords, saying Mr. Kelly let go your Sword I Scorn to hurt you, and being disengaged he perceived the Deceased to grow very pale, staggered back, and fell on his Back, and he supposed that in coming on the Prisoner he ran upon the Prisoner's Sword; that upon his falling Mr. Ryan made off whole he was endeavouring to help the Deceased, he finding him wounded ran for a Surgeon, but before the Surgeon cam the Deceased was dead. The Prisoner pleaded that he went to Mr. Cox's House about 9 a Clock at Night, enquiring for one Captain Cockeril < no role > and asking for something to eat, the Maid went and fetch'd him something from the Cooks he went up Stairs, called for half a Pint of Rack, Lemons,&c. and had made it into Punch had eat his Supper, and to divert the Time while he waited for his Friend remembered he had bought the Play of Hamlin and was reading it, when the Deceased came into his Room in great fury with his Sword drawn. saying to him G - d d - n you Rascal you Scoundrel, what have you to say to me? be then sitting in his Chair reply'd, pray Mr. Kelly be easie why should you and I fall out and injure one another, you are drunk and I am sober, he then perssisted in swearing at him, and calling him opprobrious Names, pushing at him with his Sword , which he starting out of the Chair put by with his Arm extending, retreating to the Window where the Maid had laid his Hat, Sword and Cane and the Prisoner following him and pushing at him, he was forced to bend backward to avoid the thrust and with his other Hand as he stopp'd took up his Sword; them parrying the Deceased's Sword with his in the Scabbard; but perceiving nothing would pacify him, and his Life in imminent Danger, he slept the Scabbard off his Sword and defended himself therewith, designing to defend himself rather then hurry the Deceased, till help came; that then the Deceased having stagger'd back, and running violently at him again, he endeavour'd to defend himself and closed the Deceased, and having disarmed him, gave both their Swords to Mr. Mabone , and that he did believe that the Deceased received his Wound in running upon his Sword, for be did not know he was Wounded till he saw him afterwards fall when they were disengaged; he added that when they were closed, before he had got the deceased's Sword out of his Hand, the Deceased as well as he could did endento to stab him, altho' his Sword was then so directed that he must rather have stabbed himself, which he does suppose was occasioned either by the pangs of his Death, or else as a stab of Revenge. The Prisoner added, that he had no Malice against the Deceased, that he never had any quarrel with him, had never been above twice in his Company, and that occasionally that he did look upon the Deceased to be a very civil Gentleman when sober, that what he did was purely in defence of his own Life; he called several Gentlemen to his Reputation, who gave him a very good Character for a very peaceable and quiet temper'd Man, upon the whole, the Jury brought in their Verdict se Defendendo .