John Stone proceedingsdefend , was tryed for Killing Charles Lanfield proceedingsvictim , by giving him a Wound in the Belly with a Rapier, on the 28th of May last, of which he languished till the 30th, and then Dyed ; upon Tryal it appeared that the Prisoner and the Decreased being together, as it was thought good Friends, the Latter started up and drew his Sword, and with many Menaces bid the former draw, which he refused, endeavouring to pacifie him, but not being able to do it, and the Deceased pressing upon him with his drawn Sword, as he Retreated, forced himself upon the point of his Sword, and received the Wound whereof he Dyed, and no former Malice appearing, but that on the contrary they had been all along very good Friends, till this unhappy Accident; the Court was of Opinion, it could be no other than Se Defendendo, and thereupon the Jury Acquitted the Prisoner.