125. EDWARD WHITEHEAD proceedingsdefend was charged on the coroner's inquisition, for that he, on the 27th of December last, upon John Vanderplank proceedingsvictim , in the peace of God and our lord the king, then and there being, did make an assault, and with both his hands on the head and body of the said John Vanderplank < no role > , did bit, strike and beat, and by such hitting, striking and beating, did cast and throw down to the ground him the said John, and by such hitting, striking and beating and casting to the ground, him the said John did kill and slay.

RICHARD SINGLETON < no role > sworn.

Did you know the deceased John Vanderplank < no role > ? - Yes.

Do you know the prisoner? - Yes.

Was you present when there was any kind of quarrel or affray between the deceased and Whitehead? - Yes.

When was it? - On the 26th of December; I was not at the beginning of the quarrel, I cannot tell the occasion of it, when I came into the room, the deceased was using very bad language to the prisoner, he wanted him to fight, the prisoner said, he would not fight him then, he had a lame hand, he used a good deal of abusive language, and insisted on fighting him, he said, he would not fight him; then the prisoner got up, and the deceased flung his legs on the seat where the prisoner was sitting, and with an oath told him, if he attempted to sit down again, he would strike him; the box was narrow, the prisoner slided down to recover his seat again, in consequence of which the deceased hit him with his flat hand on the top of the head; the prisoner then held up his elbow, and the deceased gave him a blow in the face, they then went to fighting; the watchman some time afterwards came in, at that time a gentleman that was there caught hold of the deceased, and held him for some time, I recollect that at that time, the prisoner said where is your Vanderplank; the deceased in struggling got from the party that had hold of him, and they ran together, and the deceased fell backwards, and I never heard him speak afterwards.

Court. Is there any body here that saw any blows given immediately, and previous to the man's falling down? - No.

Did any of you see any thing more than has been related by this witness? - No.

Court. Then it is in vain to ask any of them, let the surgeon stand up. - There is no surgeon here; I recollect the coroner said it was of no consequence to bind the surgeon over.

Court. Did you see any blows struck, from the time they had been first parted, to the time they set to it again? - No.

During the second time did you see any blows? - They rushed at one another, and the deceased fell; I do not know whether any blow passed or not.

Did none of you? - No, my Lord.

Court to Jury. There is no surgeon here to account for his death; it should be made out to you, that the deceased actually came by his death in consequence of that affray: when men are in violent passions, it may occasion the breaking of a blood vessel, and may bring on deadly symptoms.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice ASHURST.