proceedingsdefend , of Chelsea , Gent. was indicted for the Murther of George Jenkinson proceedingsvictim , by giving him one mortal Wound with a Sword of the breadth of a quarter of an Inch and the Depth of Four Inches , the 22d of September last. The Evidence for the King deposed as follows: Mary Plat < no role > deposed that Mr. T - came home about 7 a Clock that Night, went to Support with the Family about 8 read Prayers in the Family about half an Hour after Nine, and went to Bed about Ten, as also did she and the rest of the Family, leaving the Footman below Stairs, who lay in the Kitchin, that about two or three Hours after the Footman came up and knocking at her Chamber-Door desired her to let him have a Candle; accordingly she arose, struck a Light, and gave him a Candle asking him what he wanted it for; to which he answered, for Mr. T - and he to look about the House, he being apprehensive that he had heard Thieves about the House; she therefore having given him the Candle, shut her Chamber-Door last after him, being afraid, the House having been attempted to be broken open once or twice before. Joseph Lewis < no role > the Footman deposed, that he lying in the Kitchen for the Security of the House, heard as he thought, somebody about it, trample on the Gravel Walk in the Garden, just under the Window where he lay; upon which he listning diligently for above a quarter of an Hour, and being confirmed in his Suspicion; be having been ordered by his Mistress, if he heard any thing of that Nature, to go up and acquaint Mr. T -, accordingly he did, telling him he did believe there were Thieves about the House; that Mr. T - thereupon asked him whether he was sure of it, to which he answered, he was; who thereupon bid him go to the Maid and get a Candle, which he did, and Mr. T - Mose, put on his Night Gown and Slippers, taking his Sword in his Hand; and he saying to Mr. T -, I have nothing in my Hand for a Defence, he bid him get a Club; but he reply'd there were two Pistols in Mr. T -'s Chamber, tho' not Charged; they went and took each of them one, and went down Stairs, and having looked about the House, and finding no body got in, they opened the Door, and went out, and saw the Deceased standing about 20 Yards from that end of the Garden, who seeing Mr. T - come out, made off, and Mr. T - thinking him to be a Thief that had attempted the House, follow'd him with his Sword and Pistol in his Hand; but he stand at the Door, least any Person should slip into the s; but Mr. T - having followed the Deceased out of Sight, and not returning in the space of 5 or 6 Minutes , he seeing no body about, venturd Mr . T -. I searing some hurt might have befallen him; and as he was going, met Mr. T - and the Deceased coming along, and the Deceased saying he was Wounded; Mr. T - reply'd, that if he had Wounded him, or done him any hurt, he was Sony and that Mr. T - desired him to assist him in carrying him to a House hard by in order to send for a Surgeon; and as they went, Mr. T - telling him he attempted to wrest the Pistol out of his Hand, he made no reply; but upon charging him with an attempt to break into the House, he reply'd he was no Thief, but said D - n it, what a Fool was I. And as they were going along, of a sudden he fell down; but by the Assistance of another Person that was there, they carried him to a House, Mr. T - sent him for a Surgeon, who came and let him Blood, but he bled no more than a Drop or two; and they found he had a Wound in his Breast. Mr. Westerburn deposed, that he having had occasion to be out late that Night, coming a long after 12 a Clock, saw a Man lying in the Road groaning, and ask'd him what he did there, but the Deceased made him no answer; and Mr. T-not being far off, desir'd him for God's sake, to take some care of him. Whereupon they carry'd him to a House, and sent for a Surgeon, who endeavour'd to Bleed him as before; that then they got him to Bed, dress'd his Wound, and about a quarter of an Hour after be came to his Speech, but was very much disorder'd in Drink, Cursed and Swore, and said what a Fool am I, I shall dye this Night; told them where he liv'd, and dyed about 5 a Clock that Morning.

Mr. Johnson the Surgeon deposed, that the Footman came to him, and told him Mr. T - desir'd him to come and take care of the Deceased, that he did come, and he being gotten to Bed, he dress'd his Wound, which was on the side of his left Pap; but he did not Speak, and so going away, desired that if he Spoke, that the People would come and tell him, and he would come again and apply proper means to help him; but the next news he heard he was Dead.

The Witnesses all agreed that Mr. T - shew'd a very great concern and care for the Deceased's welfare, tho' he was not sensible but that he was a Robber as he took him to be. Mr. T - in his defence gave the same account that had been given by the Evidences for the King, adding that he seeing the Deceased run away upon seeing of him, was fully persuded he was the Person whom the Footman had heard about the House; thereupon taking him for a Robber, he pursued him, and following him to the corner of a Street, where he seemed to turn up, and tho' he might easily have escaped, he turned suddenly upon him, and tho' he caution'd him to keep off, telling him he suspected him to be a Thief, yet he Swore violently at him, clos'd in with him, caught hold of his Pistol, and endeavoured to wrest it out of his Hand; and in the Scuffle some way received the Wound, by pressing upon him, without any design of his, or so much as knowing he was Wounded. He called divers Gentlemen of Distinction and Reputation to his Character, who all gave him the Character of a very Civil, inoffensive Gentleman, never inclining to Quarrels or Passion; but of such Affability as rendred his Conversation desirable, both by Superiours and Inferiours, And the Reverend Doctor King < no role > , Minister of the Parish, gave him the Character of a Young Gentleman very exemplary for Sobriety, coolness of Temper, Courtesy and Piety. The Jury upon bearing the whole matter, brought in their Verdict Manslaughter .

[Branding. See summary.]