Alexander Gordon proceedingsdefend , of the Parish of Kensington , Gent. was indicted for the Murder of James Cathcart proceedingsvictim , Gent. by giving him a Mortal Wound with a Sword on the right side of his Body, under the right Breast, of the Breadth of half an Inch, and of the Depth of 16 Inches, of which he instantly died . He was also indicted upon an Inquisition taken before the Coroner, for Manslaughter. The first Evidence for the King was one Mawbrey , who depos'd That about 8 a-Clock in the Evening he saw the Prisoner and the Deiceas'd come down Notting-Line, and go into a Corn field , the Deceas'd going first; who, bidding the Prisoner follow him, and speaking very angrily, gave him Reason to suspect there would soon be Mischief; and in a very little time, he heard the Prisoner cry out, For Crist's sake, Help, Help; and when he was come up to them, he found the Deceas'd on the Grass, and the Prisoner himself very much Wounded, having been run throb' the Shoulder, and part of the Deceas'd's Sword, which broke within him, sticking out behind; That he heard the Prisoner say to the Deceased, Was I the Occasion of this Injury and he answer'd groaning, No, No.

Then Mr. Dunbar depos'd he was at Old Man's Coffee-house by Charing-Cross, and the Deceas'd being there, ask'd him what News, who replied, None, as I know of. No, said the Deceas'd, I hear News about fighting, but the King's Guards would not let them; and that there was no fighting now without the Guards; upon which this Evidence told him, he did not do well to talk so of Things when a Relation of the Gentleman who was concern'd was near him,(the Prisoner being in the same Room :) To which he said, he did not care for one nor t'other. And being ask'd by the Prisoner, said, the Deceas'd told him they were a couple of worthless Brothers.

Then Mr. Urqubart depos'd, That being at the Same Place between 6 and 7 at Night , he and Mr. Cathcart were talking about indifferent Things , and the Prisoner came to them she told the Deceas'd he heard him speak disrespectfully of another Gentleman, and desired to know who was his Author, upon which the Deceas'd replied, G - d - n you, I wont tell you, and Shifting his Cane made a Motion to strike him , but he put in between them and separated them, and soon after they took Coach.

One Barnes depos'd He saw the Prisoner put his Hand to his Sword , when he went out.

A Surgeon swore, the Wound the Deceas'd receiv'd , was the Cause of his Death; and that he took a Piece of a Sword out of the Prisoner's Shoulder.

Another depos'd, he knew the Deceas'd's Sword , and that it was broke.

And another, That the Sword the Prisoner fought with was good for nothing being very short, and unfit for fighting.

The Prisoner in his Defence said, He receiv'd five Wounds from the Deceas'd, but did not give one with any Malice. That the Deceas'd reflected very much (as he and every Body in the Coffee-room understood it) upon his Brother, Sir William Gordon < no role > , pretending he hired the Guards to prevent his fighting the Lord Lovat; but did not apply himself to him, but to Mr. Dunbar. That afterwards the Deceas'd being inform'd who he was, he was oblig'd to ask him who told him that Story; which if he refus'd to answer, if he would beg his Pardon , and own he was not the wrong, he would forgive him, and take no farther Notice of what had passed; which Expressions he utter'd with - abundance of Civility and Respect; however, the Deceased being very angry, shook his Cane at him, which occasion 'd their fighting; and after he had receiv'd 5 Wounds from him, he own'd he gave him that which he was sorry for; who then told him, he found himself just going, that it was his own Fault, and of his own seeking, and begg'd his Pardon for what had happened; to which he answer'd he had also receiv'd his Death's Wound and should very quickly follow him; but in the mean time would employ what Strength he had left to the very last in his Service. To confirm which he called several Witnesses.

The first depos'd, That being at the Coffee-house aforesaid, the Deceas'd came in, and ask'd Mr. Dunbar if there was any News; and said he heard that some of his Countrymen had a new Way of fighting, which was, after they had agreed to fight, to hire the Guards to prevent it. Upon which the Prisoner ask'd him if he knew the Gentleman who was so free with his Countrymen, and he told him No, and fearing Mischief went out.

Another Gentleman depos'd. That after he heard that Major Cathcart < no role > had cast some Reflections upon the Prisoner's Brother, the Prisoner went to him and ask'd him some Questions, which he seem'd to urge; and when the Deceas'd gave him an Answer, he observ'd him to shake his Cane; and then Captain Urqubert < no role > stept between them and prevented the Blow; After which the Deceas'd flew back, and said, stand off you Dog, and shook his Cane over his Head, and again, That if he did not go immediately out of the Room, he would beat him like a Dog; and then the Prisoner took hold of his Sleeve and they both went out together. Upon which Occasion he ask'd it no Gentleman there would follow them, and prevent the Mischief; and was inform'd that Captain Urqubart < no role > was the Prisoner's Cousin.

Another depos'd he saw Mr. Dunbar and the Prisoner together in the Coffee house; and the Deceas'd drew a Chair into their Company; after which they quarell'd.

Another depos'd, That being in the same Coffee-room, when the Deceas'd reflected so upon the Prisoner's Brother, he observ'd several Gentleman to laugh on the account of the Prisoner's Patience, in not taking Notice of it sooner.

Another Evidence depos'd, He heard the Prisoner say to the Deceas'd in the Road, Why should we fight? What will it Signifie? but the Deceas'd said Pugh, Pugh we shall se that by and by ; and ringing the Flowers off his Nosegay , threw them into the Prisoner's Face.

Another, That he saw them in Love-lane, and they appear'd to be in a very earnest Discourse; but the Deceas'd broke it off by throwing something into the Prisoner's Face.

A Boy swore, he heard the Prisoner say to the Deceas'd just before they fought, You know me, and I know you; what signifies our Quarelling?

The Right Honourable the Earl of Southerland < no role > appear'd in Court, and gave the Prisoner the Character of as peaceable, quiet and civil a Gentleman, as any his Lordship was acquainted with.

Dr. Wellwood depos'd, the Nature of his Wounds were too great a Provocation for a Man to bear.

General Ross swore, he knew him very well, and was satisfied he was a very peaceable Gentleman, not at all given to quarrel, or affront; and was sure he had this Character among all his Neighbours.

It being evident upon the whole, that there was no premeditated Malice, but that the Blood had not time to cool; the Jury found the Prisoner Guilty of Manslaughter only .

[Branding. See summary.]