John Farren proceedingsdefend , of St. Mary White-Chapel , was indicted for the Murther of William Metcalf proceedingsvictim , by giving him one mortal Wound, with the Wheel of a Dray, on the left Thigh, near the left Knee, on the 30th of August last; of which Wound he languishing, liv'd till the 17th of September, and then dy'd .

He was indicted a second Time for the unlawful slaying the said William Metcalf.

Charles Cranwel < no role > depos'd, That he hearing a Noise in the Street, about 8 o'Clock at Night, the 30th of August, he went out and saw the Deceas'd lying with his Arm before the Wheel of the Dray, and his Thigh behind it; that he stopp'd the Prisoner, and he said, he did not see the Deceas'd; that he found the Deceased's Thigh was broke.

Francis Adams < no role > depos'd, That he was standing at his Door, he saw the Dray going along, and the Deceas'd near it, who being a Lame old Man, had a Stick, or Crutches, and fearing he would come by Mischief, call'd out to the Dray-Man to hold off; but he could not say whether he heard him or not, for he did not answer; nor could he say the Prisoner saw the Deceas'd, it being very Dark; and there being empty Barrels on the Dray, they made a Noise.

William Burgess < no role > depos'd, That he heard some Body cry out, stop the Dray; and saw the Deceas'd fall down, and heard a Crack, but could not say whether it was his Stick or the Bone; he did not know whether the Prisoner did hear the calling out, or not.

Mrs. Metcalf , the Deceas'd Widow, depos'd, That her Husband did several times declare, that he clapping his Stick to the Wheel of the Dray, the Stick broke, and his Lame Leg gave way, (he having a great Sore on his Leg, having been a Prize-Fighter) and so he fell under the Dray; that he did not charge the Prisoner with having been the Cause of his Misfortune; but several times pressed her, to get him out of Prison, upon his engaging to pay the Surgeon ; and said in Consideration of the loss of time, he sustain'd by his Imprisonment, and the Distress of his Family, when he was well (he expected to recover it) he said, if she did not get him out of Prison, he would go down into the Country, and get Money to make him some amends. This was confirm'd by Mary Dosey < no role > , and Mary Small < no role > . The Prisoner call'd several Persons, who gave him a good Character; and Mr. Rayner, his Master, gave him the Character of a careful Man in his Business, whereupon the Jury brought in their Verdict Chance Medley .