410. + Adrian Hambagh , otherwise Kambagh proceedingsdefend , late of the Liberty of the Tower of London, in the County of Middlesex, was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 4th day of September , in the 18th year of his Majesty's reign, with force and arms at the said parish in the said county, in and upon one Thomas Kempton proceedingsvictim , in the peace of God and our said Lord the King, then and there being feloniously, wilfully, and of his malice aforethought, did make an assault, and that he the said Adrian Hambagh < no role > , otherwise Kambagh, with a certain knife made of iron and steel, of the value of one penny, which he the said Adrian then and there had and held in his right hand; him the said Thomas Kempton < no role > in and upon the back of him the said Thomas Kempton < no role > , under the right shoulder of him the said Thomas, then and there feloniously, wilfully, and of his malice aforethought, did strike and stab, giving to him the said Thomas Kempton < no role > , then and there with the knife aforesaid, in and upon the back of him the said Thomas Kemp < no role > ton, under the right shoulder of him the said Thomas, one mortal wound of the breadth of one inch, and of the depth of four inches, of which mortal wound the said Thomas Kempton < no role > , at the said liberty, in the said county, and at the parish of St. Mary Mat-Fellon, in the county aforesaid, from the said 4th day of September of the said year, until the 8th day of September of the same year did languish, and languishing did live, on which said 8th day of September in the said year, the said Thomas Kempton < no role > at the said parish of St. Mary Mat-Fellon, in the said county, of the said mortal wound did die, and that he the said Adrian Hambagh < no role > , otherwise Kambagh, him the said Thomas Kempton < no role > , in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder, against his Majesty's peace, his crown and dignity .

To which he pleaded not guilty, and put himself to be tried by God and this country.

He was a second time charged by virtue of the Coroner's inquisition for the murder of the said Thomas Kempton < no role > .

Jeremiah Hartcup < no role > . On the 4th of this instant about six o'clock in the evening, the deceased and I were walking on little Tower-hill, I saw the Prisoner in company with a woman standing close to the houses. After I had passed the Prisoner, I walked I believe about ten yards and missed my companion (the deceased) I looked back and saw the deceased talking to the Prisoner, upon which having a suspicion of a quarrel, I came back again and interposed between the Prisoner and the deceased. I got between the deceas'd and the Prisoner without saying any thing to him or he to me, seeing the knife drawn and having no weapon of defence, neither sword nor stick, I went back, and going back the Prisoner made a stab at me with his knife; upon his making the push at me I got upon the hill, where I saw six or seven Gentlemen with sticks or cane in their hands, upon which I related the affair to them and begged one of them to lend me a stick to defend my life, which I apprehended to be in danger and borrowed one; I came back to the Prisoner (who I still saw with his knife drawn) and said to him, You villain, if you don't put up your knife I'll knock you down - I held the stick up at him but did not strike him. The Prisoner upon my threatning him in this manner put his knife up; upon which I was going to return the stick to the Gentleman I borrowed it of, but before I gave it to him I met with another Dutchman (as I suppose by his apparel) and he had one of his hands in the side pocket of his breeches. Then I heard some people cry out for me to take care of my self for he had his hand upon a knife, upon which I bid him keep off or I would knock him down, and the man did not offer to come any further; so I looked back and saw the Prisoner pursuing the deceased, who was retreating backwards.

* The Prisoner being a Dutchman [a sailor who lately came home with Commodore Anson] and not understanding English, an interpreter was sworn.

Q. Had the deceased a stick in his hand?

Hartcup. The deceased had a stick in his hand and kept going backwards, and the Prisoner with a knife in his hand was pursuing him - I saw the deceased make some blows at the Prisoner at that time with a stick - I can't say whether he struck him or no; upon which the Prisoner rushed upon the deceased, got on his left side and stabbed him in the back.

Q. Did he close with him or hold him?

Hartcup. The Prisoner put his left hand to the fore part of the deceased's body, and put his right hand behind him and stabbed him in the back, upon which the Prisoner run into the sign of the Hamburgh-arms . I seeing what was done pursued him as fast as I could, and came up to the door of the house, but was refused admittance and I could not get in; then I returned back to the deceased and he was carried into Justice Willoughby's brewhouse yard: I saw him there lying upon some boards. I believe Mr. Willoughby sent for a Surgeon and he examined the wound - it was under his right shoulder and bled pretty much. I attended him to the Infirmary in Goodmans-fields . About an hour and half after the thing was done, as I was going up stairs with him I asked him how he did; the answer he made me was, that he should die, and he repeated it often that he should die and was a dead man - the deceased was a soldier, I was conscious he would die and I sat myself down by his bed-side - this might be about three hours after the wound was received: I asked him whether he gave the first offence, the answer he made me was, as I hope for mercy I did not offend him at all [that is the Prisoner]. He said he saw a woman in the Prisoner's company and passed them, but the passage being very narrow he believed he might touch both the Prisoner and the woman, and at that instant of time he received a blow from the Prisoner with a stick; this the deceased alledged to me was the Reason of his first stopping; this is all I have to say, my Lord - the deceased was a very civil man, had not been above a month in the regiment, and had an estate in the country of 33 l. a year .

John Hagar < no role > . I am a labourer at the Victualling-office, about half an hour after six I saw the deceased and the Prisoner at the Hamburgh-arms door. There the Prisoner drew his knife and followed the deceased about twelve yards. I said to the deceased take care of yourself or he will stick you: I believe I said so three or four times. Soon after I had given him this caution, the Prisoner jumped upon the deceased and stabbed him in the back - The deceased had a stick in his hand, but did not strike the Prisoner, as the Prisoner pursued him he held his stick up (as I believe) to keep his guard in his own defence.

Fortune Willoughby. I happened to hear a noise and run to the gate of the brew-house yard, and I saw the deceased strike the Dutchman two blows with a stick, he offered to strike a third time and his arm fell down. Upon that the deceased clapp'd his left hand to his coat and waistcoat, unbuttoned it and pulled it off, and the blood came through his shirt from his right shoulder down to his breeches; then the landlady of the Hamburgh-arms came out and took the Prisoner into the house. With that the deceased's comrade [Hartcup] came up and broke the windows and the mob rose so high that I thought they would have pulled the house down - I believe Hartcup did it for fear they should favour the escape of the Prisoner - I did not see any thing before the two blows, but I thought this was a very peaceable Dutchman to take two blows without striking again, not knowing that the deceased had received a wound before - when he came into the yard he was very bad; a Surgeon came to examine the wound and I looked on it, which I was sorry I did, for I never saw such a wound in my life - it was a sort of a triangle. The deceased was carried to the Infirmary.

Mary Mayhew < no role > . Coming by the Ditch-side, I saw a great multitude of people, and saw a Dutchman with a knife in his hand following a man. His hand was round the handle of the knife and he closed in upon him; - he put his hand to the forepart of his body and jobbed the knife into his back, and then gave his hand a turn - whether it was to pull it out, or to put it in farther I cannot say, and as soon as he had stabbed him, he went into the Hamburgh arms .

Robert Stevens < no role > . I am a labourer belonging to the Victualling-office. As I was coming along I saw a great crowd and the deceased retiring backwards, and the Prisoner pursuing him with a knife in his hand - the deceased had a stick in his hand and did hold it up, but I did not see him strike; then the Dutchman stabbed him in the same manner as the other witnesses have related.

Q. Do you know whether the deceased had struck the Prisoner before?

Stevens. I did not see a blow struck: the deceased did offer to strike him; but the Prisoner closed in upon him and stabbed him.

Mr. Harrison. The unhappy fellow the deceased was brought into the London Infirmary on Tuesday the 4th of September. I did not see him that night, my brother Surgeon of the Infirmary dressed him. The next day I took off the dressing and observed a wound in the back about an inch in length at a small distance from the Spine. I did not see that it bled at that time or that it had bled in the night; but upon enlarging the external wound, I perceived that it penetrated into the cavity of the breast between the 10th and 11th ribs through which I could very easily pass my finger next day at the dressing of the wound; upon opening of the wound there was so large a discharge of blood that the man fainted with the loss of it. I took a proper method to prevent a greater effusion being apprehensive of fatal consequences. The symptoms of death encreased so fast that I thought it impossible to do him any good, and he died on Saturday night.

Q. Was the wound made at once?

Harrison. It was made at once, for the knife came out in the same direction it went in: I opened the body on Sunday night, and then I made farther discoveries, which confirmed me in the opinion that the wound was the occasion of his death.

Q. According to the account that has been given of the wound it was just under the right shoulder.

Harrison. That account is erroneous.

Q. What was the depth of the wound?

Harrison. I imagine the depth of the wound to be about four inches. The knife must have passed between those ribs through the Diaphragma and wounded the liver; there was a wound in the liver of near two inches in depth and one in width, and I am very certain that wound was the immediate cause of his death.

Q. Did he bleed much inwardly?

Harrison. The cavity of the Thorax might contain at that time a quart or three pints of blood besides what he must have lost before.

Q. Did you hear the deceased make any declarations as to the occasion of this accident?

Harrison. He told me he had not given any offence to this Dutchman either by word or deed, and if he had brushed against him or given him any shove, it must have been inadvertently and undesignedly in passing by. - He was very sensible at the time he made this declaration.

The Prisoner in his defence said, he was at Mrs. Stepperfields, and saw two or three men walking on Tower-hill, that one of them [the deceased] u gainst him, that he asked him why he ran so rudely against him, the other answered him by cursing and swearing and threatning him, to which the Prisoner answered, You must not use me so, you must not speak against my life, that the deceased had a stick and struck him two or three times, and the other soldier [Hartcup] coming up, he was necessitated to draw his knife in his defence; but does not know that he wounded the deceased.

Mary Stepperfield < no role > . I keep the Hamburgh-arms . I saw the Prisoner and the deceased at words, the Prisoner gave his stick away and said what do you intend to fight? Then the deceased said, what does that son of a bitch come upon the Hill for? In the mean while another Dutchman took hold of the Prisoners arm to keep him from fighting, then the deceased run and snatched a stick out of another person's hand, came behind him and struck him three or four blows over his head, and he had nothing to defend himself with, so he put his right hand into his pocket and drew his knife, and said, take care of your self, keep off, and then jumped at him under the left arm, and stabbed him.

Q. Did the Prisoner speak in English or Dutch?

Stepperfield. He spoke in Dutch.

Q. Did not you see the Prisoner pursue the deceased?

Stepperfield. No, not at all - the Dutchman had done nothing at all to the deceased that I know of - I did not see the first blow, I saw the deceased give the Prisoner two blows before the accident happened.

Q. How far might they be from one another, before the Prisoner stabbed him?

Stepperfield . Not above two yards at the highest.

Q. I would ask you whether at the time the Prisoner said keep off, he was not following the deceased ?

Stepperfield. He run up to him, he had his knife in his hand then, to do something or other.

Q. When was the first time the soldier struck the Dutchman?

Stepperfield. Just before the thing was done - the Prisoner did not pursue the deceased before the deceased struck him.

Q. When the Dutchman said keep off, did not the deceased retire?

Stepperfield. No, he did not; the Prisoner had turned his face to my house in order to go away, and the deceased struck him two or three blows, then the Prisoner turned upon him - both the Soldiers had struck him before he drew his knife - After he had stabbed the deceased, Hartcup came and broke all the windows in the house.

Hartcup. There were but three panes of glass broke.

John Christian Bremer < no role > . [being a foreigner his Evidence was given by the Interpreter]. I came out of Stepperfield's house and saw the Prisoner in trouble, I said what have you to do with them? I took him away pretty near to Stepperfield's house, and then both the Soldiers came up to him, and both of them struck him upon his head till he reeled; I was in fear of being struck by them, so I left the Prisoner. The Prisoner seeing himself alone drew his knife and stabbed him in the manner you have heard.

Q. I would ask you whether you did not see the deceased retire, and the Prisoner pursuing him with his knife in his hand?

Bremer. No, I did not; before the Prisoner stabbed him, he said, beware (in Dutch) and one of the Soldiers, (I think it was the deceased) gave him two or three blows more after the wound was given - both the Soldiers beat him before the wound was given.

Francis Stedt < no role > . I am a Hamburgh man. I saw a Soldier [Hartcup] fighting with another Sailor. After that one of the Soldiers gave the Prisoner such a terrible blow on the head, that he had like to have tumbled down - the deceased struck the Prisoner before he drew his knife, and then the Prisoner gave him a push in the back - whether he had a knife or no I can't tell - he went under and struck him in the back - both the Soldiers struck the Prisoner before he gave the wo .

Elizabeth Henry < no role > (servant to Stepperfield ) I was going out of my mistress's house and saw the Prisoner running to come in. The deceased came behind him and gave him three blows with a stick which made him reel; the Prisoner asked him whether he had a mind to fight? the deceased said, yes, then the deceased struck him again - Upon that the Prisoner immediately put his hand into his pocket, but I can't tell whether he drew his knife or not.

Q. Do you understand Dutch?

Henry. No, Sir.

Q. You say you don't understand Dutch, how could you tell what the Dutchman said?

Henry. A little I do, I could understand that; he spoke half Dutch and half English.

Thomas Way. I was at the Hamburgh-Arms , and hearing a noise I went out, and saw a man in a white coat, and a red waistcoat [the deceased] push the Prisoner with his arm; the Prisoner asked him in Dutch if he would fight - The deceased had no stick, but he jumped over the way and took a stick with a nob at the end of it from another person, and gave the Prisoner three or four strokes over the head, so that he could hardly stand (there was another Dutchman by, and he went away for fear he should have some other blows) then the deceased gave the Prisoner some other blows. The Dutchman put his hand to his head to put his hat right, and then put his hand in his pocket and spoke a word that I did not understand - During all this time the deceased was not wounded at all.

Christopher Robinson < no role > (a Dutchman.) I lodge at the Hamburgh-Arms , I saw Hartcup give the Prisoner the first blow with a stick - The deceased struck him at the same time, and gave him several blows before he offered to pull out his knife.

Maltus Schutz. The Prisoner has lodged with me nine or ten weeks, I never saw him quarrelsom in my life, he was so far from that, that he used to keep peace among his companions.

- Downes (Constable.) I am pretty much in this house, and have seen the Prisoner frequently there, he always behaved well and had the best of characters.

Q. to Hartcup. I ask you before such time as the wound was given to the deceased, did you strike the Prisoner?

Hartcup. No, upon my oath - I never gave him any one blow at all; and no blow was given (that I saw) till the wound was given.

Q. Did you see Sarah Stepperfield < no role > there?

Hartcup. I did not see her till after the wound was given; she came out of the house, but there was no body at the door till after the wound was given.

Jury. Are you sure the deceased did not strike the Prisoner?

Hartcup. No, I am not sure of that.

The Jury brought in their verdict Manslaughter .

[Branding. See summary.]