MAjor Theophilus Oglethorp proceedingsdefend was Indicted, for the Murther of Captain John Richardson proceedingsvictim , a Gentleman belonging to his Majesties Guards ; the manner of which, according to the Evidence was, that they two on the 10th. of January last, being at the Black Posts, near Charing-Cross, the Prisoner began a Health To the confusion of alldouble Hearts, who did not declare themselves as they meant, which the Deceased interpreting to be meant of him, flew into a violent Passion, and gave very gross language, which the Major not being longer able to endure, drew, as likewise the Captain, but not being suffered to hurt each other, they went from thence to the Cross Keys Tavern, where the heat continued so that the Deceased struck the Prisoner with his Cane, whereupon they left the House, and within three hours after met by Clarendine house , where they drew upon each other, and made several Passes: And the Captain, 'ere any could come up to part them, was run into the Belly and out at the Back: and had receiv'd another Wound in his Back, of which the next Morning he Dyed: But the Evidence being no wayes able to prove a former Grudge or prepense Malice, the Jury found him Guilty of Manslaughter .