Ear, and about her Elbows, there seem'd to have been some Confinement or Violence us'd, so as to cause the Blood to Stagnate, and prevent its Circulating. This Deposition was confirm'd also by another Apothecary and Surgeon, and in some of the most material Points, by a Surgeon who was call'd in behalf of the Prisoner.

Mr. Baldwin, Depos'd, that at 9 o'Clock he being at Mr. Pain's, he saw the Prisoner and the Deceas'd quarrelling, that he thought he look'd Maliciously, and that he was an ill-natur'd Fellow.

Mrs. Groves, Ann Duncarton< no role > and the deceasd's Mother, who gave Evidence upon the former Tryal, that the Prisoner had several times us'd the Deceas'd ill, did not give their Evidence, though in Court ready to do it.

The Prisoner made a triffling Defence, the main design of which ended in denying every thing which the Witnesses gave in Evidence against him. After a full hearing of Counsel learn'd in the Law, both against and for the Prisoner, the Jury brought him in Guilty of the Murder.

James Cluff< no role > This name instance is in set 1261. , 32 Years of Age, as he said, descended of honest Parents, who kept a Publick-House near Clare-Market , and gave him good education at School, in Reading, Writing, Cyphering, and such things as were proper to make him fit for Business. When of Age, he was put out Apprentice to a Vintner , at the Swan in Tower-Street , and serv'd out his Time Honestly and with Approbation. Afterwards he serv'd in several Taverns and Publick Houses in Town, especially at the Horseshoe in Blow-bladder street , near Cheapside he liv'd two Years, and always (for what we could hear) with the Good-will of his Master, and all others whom he had an occasion to serve in such Houses, having been abundantly obliging in his Temper to Customers. But otherways he had been of a dissolute Life in a private Capacity, with respect to himself, having been much addicted to Drinking, Whoring, Swearing, and such other Vices, as are incident to Men inclin'd to give loose Reins to their extravagant Humours; but he had still the Character of being an Honest Man, although his manner of Life oblig'd him to contract some small Debts, part of which (as some People who knew him affirm'd) he was not capable, though willing to discharge; but whatever good purpose he might have had to satisfy his Debts, was prevented by the horrid unfortunate Crime for which he died.

As to the Murder of which he was Convicted, he was very obstinate in denying that he gave the fatal Wound, although he did not pretend to give any Account what way Mary Green< no role > came by it: and it must of necessity have been given either by the Maid or himself, since there was no third Person in the Room to do it; but it is the Opinion of all them who saw the Wound, and reflected on the Circumstances of the Posture she was in, that it was next to an impossibility for Mary Green< no role > to do her self so great a Mischief.

I earnestly press'd upon him to glorify God by a plain Confession of his Crime, and urg'd to him the most material Circumstances, in Consideration whereof scarce any Body doubts but he committed the Fact. He could not pretend that his Master, or Mistress, who gave him the Character of a good Servant, had any Prejudice, or Ill-will to him, upon which Account they might be easy, whether he lived or died. He neither reflected on them, nor none of the Witnesses, as if they had any View in Prosecuting him, but that Justice might be executed. I urg'd him with the Surgeon's Opinion, that it was improbable, if not impossible, for the Maid to give herself such a Wound; that she had no Knife in the Cellar; that in the first Trial, three Persons had sworn that he was Rude and Barbarous to the Deceased upon many Occasions, and upon that Account she made grievous Complaints to her Mother, and others, but without the desireable Effect of taking her altogether out of his Company, which prov'd so Fatal to her. He own'd, that his Master and Mistress were very Kind to him, that he had been a very dutiful Servant , having never given any Occasion of Discontent to them, and that he could not think they entertain'd any Prejudice against him. As to the other Evidences, he did not alledge that any of them had a Grudge against him, but when I urg'd these Probabilities, and many other things which convinced the World that he committed the Murder, and another Reverend Clergyman, who frequently attended him in the Cell, was present, who also exhorted him with many pathetick Expressions, taken from Scripture and Reason, to acknowledge his Crime; he continued Peremptory in his Denial. At first, indeed, he seem'd to be in Confusion, at the many pressing Instances which were made to extort a Confession from him; but recollecting himself, he denied that he gave the mortal Wound, and said, that he knew nothing at all how she came by her Death, no more than the Child that's unborn. He said that the Deceased was a very Ill-natur'd Girl, that she swore and cursed often, and he did not deny but he had struck her sometimes, as was given in Evidence against him, but that he did not do her any Harm; and after all that could be said, he still persisted Obstinate in denying the Fact. He said, that when he was Young, he was not disobedient to his Parents, who were very Careful in giving him good Education; but that in other Respects, he had led a very wicked Life, in breaking the Lord's Day, and neglecting his Duty to Almighty God, who therefore had now justly forsaken him. He appear'd not to be of an ill Temper, but a civil Fellow, and abundantly knowing in religious Matters, for one of his Station. Many of his Friends and Acquaintances came daily to