568. Samuel Cross proceedingsdefend This name instance is in set 3561. , was indicted for that he, upon William Burford proceedingsvictim feloniously and wickedly, with malice aforethought flung the said William to the ground, on the left side of the head then and there did strike, giving the said William on the left side of the head one mortal wound, in length half an inch, and breadth half an inch, and the said William did kill against his Majesty's peace, crown and dignity.

He stood likewise a second time indicted on the Coroner's inquest for the said murder.

James Jones < no role > . William Burford < no role > , the deceas'd, work'd along with the prisoner at the bar, they were sawyer s, they had work'd together that morning the accident happened 'till breakfast time ; the deceas'd was come away from that yard where they work'd together, to work with a witness here in Mr. Inch's yard, Holborn; after he had been at work about an hour, the prisoner Cross came to Mr. Inch's yard, and found his mate wheting his saw; he went to him and said, are not you a rogue and a scoundrel rascal for leaving of me se, as you have this morning? and he abus'd the deceas'd with many bad words; the deceas'd made him no answer, but turn'd up his head and smil'd at him; then the prisoner came to the other end of the yard; after that he went to the deceas'd again, and abus'd him in words very much; then he took up a great stick and threw it at him, which went just over his head; said I, if you had hit him you'd have knock'd his brains out; he said he did not care, if it had not been for the law he would stick his knife in him; then the prisoner went out of the yard and staid a quarter of an hour, then he came again, and brought one Thomas Batersby < no role > along with him, and began again to abuse the deceas'd very much with words and challeng'd to fight him; the deceas'd was sharpning his saw and said he would not fight; said the prisoner, I'll make you fight me, and he put his foot upon the top of the deal and struck the deceas'd with his fist; the deceas'd had his file with which he was sharpning his saw, and said, if you do so again I'll run the file in your guts; with that the prisoner struck the deceas'd again on the side of the head, and insisted upon his fighting, and at this time my master came out and said, betwixt you both I shall have the saw broken; then the prisoner took the saw out of the deceas'd's hand, and still insisted upon fighting, and pull'd off his clothes so to do; Burford said, I will not fight you except I have somebody to take me up; the prisoner made answer and said, here is your shop-mate ( meaning my self) will take you up, and here is one will take me up, which was the person he brought with him: the deceas'd said to me, if you'll take me up I'll fight him; then came my master and said, here shall be no fighting here; so they went out into Holborn to fight; when they first began they fell both sideways; after that the prisoner threw the deceas'd four falls together, and at the fourth fall he got his wound, his head came against a stone and fractur'd his skull; after that he lay for dead; I took him up in my arms and carry'd him to the sign of the Pilgrim and set him on a bench , then I got some water and put it to his mouth , he drank some, and I throw'd some in his face; in about a quarter of an hour he walk'd into the timber-yard, and the prisoner went home to his work; the deceas'd went into the saw-pit, to take a little sleep, and there he died in about three hours after; we got a surgeon-barber, and he prick'd him, but he did not bleed; he search'd his head and there was a fracture in his skull two inches and a half on one side, and an inch and a half on the other: I never heard of any malice or falling out between them before: after the battle the prisoner call'd for a pint of beer and drank to the deceas'd, but the deceas'd did not drink; and they shook hands in the timber-yard afterwards .

Gyles Parsons deposed to the same purport .

Guilty of manslaughter .

[Branding. See summary.]