Roger Mansuer proceedingsdefend , Mary Chapman proceedingsdefend and Elizabeth Johnson proceedingsdefend , of St. James's Westminster , were indicted, the former for the Murder of James White proceedingsvictim , by giving him a Mortal Wound on his Right Side near the Right Pap of the breadth of a quarter of an Inch, and the depth of ten Inches on the Sixteenth of June last, of which he instantly died ; and Mary Chapman and Elizabeth Johnson for being aiding, abetting, and assisting in the same . They were likewise indicted on the Coroner's Inquest for the same; and he was also indicted on the Statute of Stabbing. Mr. Boughtonn deposed, that on the 4th of June Mr. White (the Deceased) applied himself to him to borrow 200 l. for the Prisoner, who he said was a Gentleman of an Estate of 200 l. a Year in Essex, and 5 or 600 l. a Year in the North of England, but was under Age; that he intended to sell his Estate in Essex, and they who lent the Money might have it: whereupon he went to Mr. Mowson a Scrivener to negotiate the matter, who appointed to meet him at the Fountain-Tavern in the Strand.

Robert Ball < no role > deposed, that the Deceased sent him to the Prisoner in Poland-Street , to tell him that he would meet him at the Fountain-Tavern at 7 a Clock that Night, that the Maid carried up the Message to the Prisoner, and when she came down again said, that she must go along with him, and did so.

Mary Savage < no role > deposed, that the Deceased sent a Porter to their House about 6 a Clock, and the Maid carried up the Message to Mr. Mansuer, and when she came down again, told her, that the Deceased had sent for him to the Fountain Tavern, and she was going to tell him, that he was not very well, and desired Mr. White to come to him, and if he had a Friend with him to bring him also, and they should be welcome; but before she return'd Mr. White came in a Coach and went up Stairs; that the Maid came back just after and went up to make her Beds; that she heard somebody knock, and the Maid came down and discharg'd the Coach, and ask'd her for a Bottle of Wine, which she gave her; that she (this Evidence) not being very well fell asleep in the Kitchen; that she awak'd, and thinking that she had been call'd, look'd up and saw the Legs of two Men come out of the Yard, and heard one of them, whom she thought to be the Prisoner, go up Stairs; that afterwards she heard the Door clap, and the Maid call'd her up, saying she fear'd Mr. White was kill'd: that when she came up she found him lying on the Ground by the Parlour Door with his Head on the lowermost Stair; that Mr. Mansuer and Mrs. Chapman were gone out; but she came back again in about Half an Hour; that there was no Sword found but that which was broke.

Mrs. Pearson deposed, that as she was setting in a Room which lookt into Mansuer's, she saw him and Chapman drinking Wine and Playing at Cards together; that she saw a Man come up in Brown Clothes lined with Green (which proved to be the Deceased) whom they offer'd Wine, and put down the Window; that she this Evidence went down, and heard the Clashing of Swords; that she afterwards saw Mansuer open the Window and look out without his Wig, with a Sword in his Hand whole, and Mrs. Chapman cry'd and took on.

Mr. H dding deposed that he met Johnson who wanted to go for a Constable or a Surgeon; that he went in and saw the Deceased lie dead, at the Bottom of the Stairs towards his Right side, with a Piece of Sword through his Sleeve; that the Maid said, her Master and Mistress were gone to to the Bagnio in Silver Street, that he went there, but could not find them; that when he came back the House was full; that Mrs. Chapman came back again; and the Maid said, that she and Mr. Mansuer were at Cards together in the Back Room, when the Deceased went up: then I suppose (said he) he was kill'd in that Room; and she reply'd, No, he was not.

William Gordon < no role > deposed, that he went in and saw a Man lie Dead, and meeting the Maid, ask'd her how it came, and whether the Deceased had a Sword; she answered he had; that he lookt under his Coat and saw a Belt but no Sword, but the Pint of one in the Deceased's Sleeve, that he went up Stairs and found the Hilt and part of the Blade of a Sword which matcht with the Point found in the Deceased's Sleeve, which she said was her Master's; that there was no Blood on the Floor where he lay; and that the Deceased had Brown Clothes lined with Green.

Mr. Toffel deposed, that he being in his own Room, which is against Mr. Mansuer's, he saw him come into the Back Room, that he went out and came in again and fetcht his sword, and said, Mr. White, you have-challenged me, and I'll give you Satisfaction, bid him draw, and was going down Stairs; that Mrs. Chapman catcht at him and said what are you going to do? that he heard the clashing of Sword; saw Mansuer come up again and look out of the Window, and believes without his Wig; that he that went down first was in Brown Clothes.

Mr. Singleton deposed, that he saw the Deceased lie dead on the Floor with a Piece of Sword in his Sleeve, that there were two Drops of Blood on the Stairs, but no Blood above Stairs, but a Piece of a Sword found there.

Mr. Crudeson deposed, that he saw the Deceased lie on the Floor with a Point of a Sword in his Sleeve, but saw no Blood; that Mrs. Chapman said that White would not fight Mansuer in the House, if he would go out he would give him Satisfaction.

Mr. Walker deposed, that he observed the Body of the Deceased and found 3 Wounds one through his Body which went in between the third and fourth Ribs on the Right Side, through his Heart and Lungs, and came out by the 9th Rib on the Left Side; one cross the Left Shoulder, directly cross, the Back Orifice largest, and he judg'd it to be received backward, that the Point of a Sword was stuck in his Sleeve in and out two or three times, and he believed that it was done after he was dead; and that the Sword was broke on Purpose and not in Fighting; and that he believes the Moment be received the Wound through his Heart he must drop down, and not be able to come out of the Yard.

Mr. Purchas deposed, that he saw the Yard, and that it was about 8 Foot wide.

The Prisoner in his Defence said to this Purpose, that the Deceased came to Mrs. Chapman's to enquire who should be accountable for 4 Tickets which she had received a few Nights before at the Play house; the Maid told him that the Gentleman who lodg'd there would take care to pay him; but desired him not to be too importunate, because she believed he was at that time streightened for Money, upon which the Deceased ask'd her what he was. she reply'd a Gentleman of a Fortune, but under Age; the Deceased then proposed to procure him Money to serve his Occasions; and he not having received from his Guardian according to his Expectation gladly embraced the Opportunity; but after many promises not finding any performance, he began to suspect his Sincerity, and wrote him a Letter, wherein he told him that his Words were no more than Puffs of Wind, and that he would no longer rely upon him, but make Application to some other Person. That the Deceased about two Days after came to his Lodgings in Poland-Street with a Sword by his Side, and demanded what he meant by writing such a Letter; he told him that he thought it was not done without Reason after so many Disappointments, but to shew that he had no Intention to quarrel with him, ask'd him to set down and drink a Glass of Wine as usual, which he did; but soon began to offer fresh Insults, calling him a ridiculons Fellow, and Several other scurrilous Names: that he begg'd of him to desist, which he would not, but swore he would have Satisfaction of him, and that before they parted. That he finding himself obliged to Fight, or suffer himself to be sacrificed, desired that it might be done in the Chamber; upon which he call'd him a sorry Rascal, and said that his Lodgings were his only Protection, otherwise he would have had Satisfaction of him before, and then swore that he should instantly go down into the Street and fight him. That he finding that the Passion of the Deceased was not to be appeased, went down into the Yard; that the Deceased followed him, and not finding the Street Door open, violently rusht upon him in the Yard with his Sword drawn, where in his own Defence this Misfortune happen'd.

Capt. Douglas deposed, that he met the Deceased about 7 a Clock that Evening without a Sword, who asked him when he saw Mr. Mansuer; that he (the Deceased) told him Mr. Mansuer had wrote him an affronting Letter, wherein be says that his Words are no more to be rely'd on than Puffs of Wind; and that he was going to him for Satisfaction. That after it was over Mr. Mansuer came to him to the Fleece, and Mrs. Chapman with him, and he understanding by them what had happen'd, told her that she should not have come out of her House; whereupon she went home again presently.

A Maid at the Fountain-Tavern in the Strand deposed, that the Deceased came into the Kitchen, and ask'd if such a Gentleman used to dine there, (not naming the Prisoner) that he was in a Passion, said he had received a gross Affront from the Prisoner, and swore he would be reveng'd; that he order'd a Drawer to call him a Porter, which he did, and the Deceased sent him for his Sword.

James Griffiths < no role > deposed, that the Deceased sent him to Little Wild-street for his Sword, and bid him tell his Wife or Maid, if they should say any thing, that it was for no Harm, he was to meet some Gentlemen there that Night; that he brought the Sword to him to the Fountain, and call'd a Coach for him; that he said he was going to Poland-street, and bid him leave Word at the Bar that he was gone thither, and if a Gentleman came to ask for him, to desire him to follow him, or to send for him and he would come back presently.

Thomas Redbourn < no role > confirmed the Deceased's coming into the Kitchen, and sending a Porter for his Sword; and farther deposed, that he left word if a Gentleman came to ask for him, to shew him up Stairs into a Room by himself, and tell him he would come up presently. That the Porter brought the Sword, and the Deceased went away, saying he was going to Poland-street, and left the same Directions at the Bar as the former Evidence deposed.

Thomas Lambert < no role > deposed, that he saw the Deceased with a Sword by his Side, who said he was going to Polandstreet.

Mr. Robinson deposed, that he met the Deceased at the Mitre by the Temple talking with a Gentleman, that he heard him call Scoundrel, and say he would take an Opportunity to do himself Justice.

Mr. Blackman deposed, that he hearing a Noise, came to the Window and saw the Prisoner's Arm extended, his Back against the back Door in the Yard, and heard the Clashing of Swords; that it lasted about a Minute; and afterwards saw him look out of the Window up one pair of Stairs.

Mr. Mahon and Capt. Jones accounted for the Wounds.

Mr. Shipton, a Surgeon, deposed that he had examined near 20 of the best Authors on that Subject, upon this occasion, who agree that persons have lived with Wounds in the Heart, even thro' the Heart, some while they have gone 20 or 30 Paces, some longer and others shorter time, and that a Wound in the Lungs is not present Death.

Mr. Broadhurst deposed, that the Prisoner sent him to see if the Deceased was dead, and if not to get a Surgeon for him as soon as he could.

He also called several to his Reputation, who gave him a very good Character, and deposed, that he was Universally Beloved both in the Country where he liv'd, and in the University of Cambridge, for his quiet and good Behaviour.

The Jury considering the whole Matter, acquitted Mary Chapman and Elizabeth Johnson; and found Roger Mansuer Guilty of Manslaughter only . Burnt in the Hand .