Thomas Watts proceedingsdefend This name instance is in set 75. Gent . of the Parish of St. Martin in the Fields , was indicted for the Murder of Abraham Old proceedingsvictim , Gent . on the 13th of October last, by giving him a mortal Wound with a Rapier, on the right Side of the Body near the Pap, of the Breadth of half an Inch, and the Depth of 18 Inches, of which he instantly dy'd. It appear'd by the Evidence, that the Prisoner and Deceas'd being in Company together, fell into Talk about Bravery; the Deceas'd affirming that there was not any Man who at first entering upon Action, had not a sort of Coldness or Apprehension; which the Prisoner deny'd, and said a brave Man was never capable of Apprehension or Fear. That after they had argu'd this Matter there was a seeming Reservedness between them, but no hot Words; And that after they went out of the Tavern, the Decceas'd not going homewards, but turning down York Buildings, a Gentleman who had been in Company with'em ask'd him where he was going, and he told him to take a Walk at the Water-side; and that he endeavour'd to perswade him to go home, but in vain, yet the Deceas'd told him upon his Word and Honour he had no Design to quarrel; whereupon he left him, and coming back met the Prisoner going in a great Heat, whom he would have prevented from going to the Deceas'd, but he was in a great Passion and would not hear him, and in a small Time he heard the Swords clash, but before he could get in the Deceas'd was kill'd. There were other Witnesses who swore they heard the Swords clash, and heard the Deceas'd fall; and one of them was positive, that she brought out a Candle, and saw the Prisoner pull his Sword out of his Body . It was plain that the Prisoner kill'd him, but there being no Malice prov'd, he was found guilty of Manslaughter .

[Branding. See summary.]