H. W - proceedingsdefend Esq ; of the Parish of St. Martins in the Fields , Indicted for Assaulting, (February the 2d .) the Body of R. M - proceedingsvictim , Gent. with a Rapier valued 5 s. giving him a Mortal Wound on his left Pap, on which Wound, the said M - in a little space dyed . The Evidence for the King, deposed that a Dispute arising betwixt Mr. W - and Mr. M -, as they were Gaming together, Mr. M - giving the other extraordinary, foul, and abusive Language, which Mr. W - baring with great Patience, returning him very good words; but the other not satisfied therewith pressing on to a Quarrel, received the Wound on which he dyed; the Coroner likewise attesting, that Mr. W - confessed to him that he gave him the Wound; Mr. W - for his Defence produced several Witnesses, which declared, that Mr. W - and Mr. M - Gameing together, Mr. M - having lost all his Money, grew very troublesome, and would have obliged Mr. W - to have played longer; swearing at a prodigious rate; but Mr. W - giving him very kind words, desiring him to forbear his rallery, telling him that if he wanted Money, he would pay his Reckoning for him, at which Mr. M - being no ways satisfied, swore he would regain all his Money again before he would part; but Mr. W - modestly refusing to play any more, call'd for the Reckoning, which appearing to be about thirteen Shillings, throws down his share together with Mr. M - , and in order to prevent any further Dispute, begins to retire, at which, Mr. M - following him, strikes him over the Face two blows with his Fist, whereupon Mr. W - seeing there was no remedy, on the contrary, returns his blows again, but Mr. M - drawing his Sword, stroke Mr. W - over the Face some two or three times before he drew his Sword, when being oblig'd to stand in his own Defence, being pressed so hard that he could not possibly retire himself being drove up against the Wall, he draws his Sword, on which Mr. M - coming on too hard, received the Wound on which he presently fell and dyed, it further being made very evident, that Mr. W - never had any Quarrel or premeditated Malice against the said Mr. M - but that on the contrary, he had ever been his Friend, and to the utmost of his power, had always endeavoured for the advancement of him, having that very day spoke in his behalf in order thereunto; which being attested by a Noble Pear and some others, to whom the said Mr. W - had made his Applications in behalf of the said Mr. M - the Verdict was brought in by the Jury Se defendendo .