Nathaniel Irish proceedingsdefend , Gentleman , was indicted for the Murder of Thomas Hill proceedingsvictim , by giving him one mortal Wound with a Sword, of the Breadth of half an Inch, and the Depth of six Inches, the 17th Day of March last, of which he instantly died . He was also indicted a second Time upon the Coroner's Inquest for the same. Thomas Bailey < no role > depos'd, That on Sunday the 17th of March, between nine and ten a Clock at Night, as he was going through St. Paul's Church Yard he overtook Mr. Irish, and two other Gentlemen with him, and that as they went along Mr. Irish was very rude, shoving and thumping People, and a Gentlewoman going along with her (as he suppos'd) Husband, he struck her cross the Buttocks with his Cane, and he heard several people complain of his Rudeness. That he followed them, and over against Mr. Innys's the Bookseller, he saw Mr. Irish threaten to strike the deceased. That the deceased went from him, and Mr. Irish followed him. That he returned, and he saw the deceased go out into the Highway, and there Mr. Irish struck the deceased, and that several Blows pass'd between them. That Mr. Irish pursued the deceased. That the deceased said, when Mr. Irish followed him, before any Blow was given, What is the Matter with the Gentleman? Bear witness, I do not meddle with the Gentleman. I do not know what he means that he does not go along. That he heard the Word, The Man was killed. That then he endeavoured to seize Mr. Irish, and he said he had lost 5 l. and threaten'd him, if he offer'd to meddle with him, he would swear a Robbery against him. That he took up a naked Sword, and the People apprehended Mr. Irish. Charles Hubbert < no role > depos'd, that as he was coming up Ludgate Hill between nine and ten a Clock, he saw several People standing in the Path-Way, that he asked, What was the Matter? That after a little while they parted, and the Prisoner went on about four or five Steps, and turned upon the deceased, took hold of him, said he should go with him to the other side of the Way. That being in the Highway, a Coach coming between him and them, he did not see the first Blow, but saw several Blows pass afterward, and heard the Word, The Man is dead. Thomas Hawkins < no role > depos'd, That as he was going through Paul's Church Yard, he saw some Gentlemen at Blows, and saw one drive the other from the Toy Shop to the other side of the Way. That the deceased retreated, and the People said it was fool, and bid him make up to the Prisoner. That the Prisoner, after a Coach had pass'd between them, made up to the deceased, and that several Blows passed between them, and the deceased drove the Prisoner near the King's Arms Tavern, and that Mr. Irish dropped, he thought, upon his Knees. That when he got up he drove the deceased, and the People cry'd out, foul play. That the deceased fell, he (this Evidence) opened his Breast, and perceived the Wound, and cry'd out to secure Mr. Irish. Mr. Irish asking this Evidence, if he did not see him knock'd down twice? He reply'd, no, he saw him down but once, but whether knock'd down, or fallen down, he could not tell. Edward Davis < no role > depos'd, That he saw the Prisoner follow the deceased from Mr. Inny's to the King's Arms Door, and that several Blows were struck. That he saw the Prisoner down, he thinks on one or both Knees. That when he got up he drew his Sword, took hold of the deceased's Cane, gave a push, and the deceased dropped. Thomas Jeff < no role > depos'd much to the same Effect. William Dally < no role > depos'd, That seeing a Crowd of People he came up to them, and heard the deceased say, The Man has a mind to quarrel. That when he was got ten or fifteen Yards off, the Prisoner run by him (this Evidence) and run after the deceased, and struck him. That the People said it was not fair, and that then the deceased having turned again several Strokes passed with their Canes. That he saw the Prisoner's Sword glitter; heard him say he was a Man that wore a Sword, but did not see the Wound given. William Forster < no role > deposed, that about Innys's Door he saw the Prisoner strike the deceased several Blows. That the People cried to the deceased, At him again. That he did so; and several Blows pass'd between them. That he saw the Prisoner lay hold of the deceased's Cane. That the People cry'd out, It was foul Play, and that immediately the deceased dropp'd. That upon this he went to seize the Prisoner, upon which he asked him, if he came to pick his Pocket? saying, he had lost 5 l. and he would charge him with it. - Bishop depos'd, That as he was passing by, he saw the Prisoner and Deceased, striking with their Canes, that the first Blow he saw given, was by Mr. Irish, that the Deceased went over the Canal, and the Prisoner follow'd him, that several more Blows were struck, and the Deceased was going to strike, and he heard the Prisoner say, stand off, I wear a Sword, and I know how to use it. That he laid hold of the Deceased's Cane, and the Deceased drop'd. Mr. Badger a Surgeon depos'd, That as he was going by Accidentally, and hearing a Man was wounded, he went to the Coffee-House, where he was carried, but found the Man dead, and upon searching the Wound, found it had penetrated a Ventricle of the Heart, went obliquely upwards into the bottom of his Heart, and he did believe it was the Cause of his Death.

Mr. Irish in his Defence, pleaded, That he having been with a Couple of Friends, at Greenwich, and going along St. Paul's Church Yard, towards Fleetstreet: passing by the Deceased, the Deceased said, he had jostled him, and holding up his Cane, ask'd him if he would have it down his Throat; to which he reply'd, He should not take it well of him; that having passed a little from him, the Deceased came to him, and demanded Satisfaction, saying, he had assaulted him, and now it was his turn to assault, that he was knocked down at the Corner of the Booksellers, and was driven back to the King's Arms, and that the Mob cry'd out, knock out his Brains, and he cry'd out Murther, and being knock'd down again, he cry'd out, take Care, I wear a Sword, and know how to use it. Zachariah Burrio < no role > depos'd, That he and Mr. Allen, being with the Prisoner, were going along Paul's Church Yard, near Mr. Wilday's, and the Deceased said the Prisoner had jostled him, and was very abusive, holding up his Cane, as if he would strike Mr. Irish, that he thereupon took hold of Mr. Irish by the Arm, to prevent Mischief. That Mr. Irish was coming away, and the Deceased came up to him, and said he had been assaulted, and it was now his Time to assault; that thereupon Mr. Irish ask'd him what he meant, that he reply'd, he would have Satisfaction, and struck Mr. Irish over the Head, and he was driven over to Innys's: That a Coach coming by, they were parted, and by the Crowd were driven towards the Kings Arms Tavern; that there Mr. Irish was knock'd down, and does believe he was struck by more Caves than one, for the Mob were very averse to Mr. Irish, that when he got up he was upon the Retreat, and the Deceased follow'd him, and he retir'd towards Doctors-Commons, and was knock'd down again, that he got up and retreated, and bid the Fellow stand off, that then he (this Evidence) went toward Mr. Truby's, so get some People to part them, so that when the Wound was given, he was not there. Mr. Allen depos'd, That he having been with Mr. Irish, and Mr. Burrio, as they were going near the Toy Shop, in St. Paul's Church Yard, the Deceased said he was jostled, and damned Mr. Irish, and that Mr. Burrio defined Mr. Irish not to mind him; that the Deceas'd said he would have Satisfaction, and with his Cane gave Mr. Irish a Blow, and some Blows having been interchanged, a Coach came by, and parted them, but afterwards the Fight was renew'd, and Mr. Irish was knock'd down, that he drew his Swords, and said, Stand off, take Care, I have my Sword Drawn, and being knock'd down, or falling down, the Deceased beat him very much, and that when the Deceased fell, he saw Mr. Irish just getting up as the Prisoner was falling. Margaret Stokes < no role > depos'd, that she saw the Deceased come up to Mr. Irish, and struck him, and that Mr. Irish was knock'd down twice, and that the Crowd was on the Deceased's side, and that there were more Sticks used against Mr. Irish than the Deceased's: that near the Kings Arms Tavern the Deceased knock'd Mr. Irish down, and he struck him, as she thought, to keep him down, and that when the Deceased fell, Mr. Irish was upon one or both Knees. Another Evidence depos'd, that he saw them fight with Sticks, and the short Man followed the Prisoner, and knock'd him down, and he was struck by two Persons, while he was upon the Ground, and as he was getting up his Wig fell off, and the short Man knocked him down again. Charles Barns < no role > depos'd, That at the Corner of Innys's Shop, they were fighting with Canes, that they went towards Truby's, and the short Man run to the Tall Man, and struck him, and he was knocked down, and as the Prisoner was rising, some Body struck him, and he was down again; and, that he thought he was a Pick-pocket, because the Mob was all against him, and he heard the Prisoner cry out, Thieves and Murder. William Jenkins < no role > deposed, That he saw the Sword drawn. That several Blows were struck afterwards. That the Prisoner defended himself with his Sword, and was at that Time on his Legs. One Surgeon deposed, That being sent for to Mr. Irish, he found he had several Contusions on his Head, Wrist, and Hand. That he opened the Body of the Deceased, and found the Wound in the Skin was four Inches below the Wound that went into the left Ventricle of the Heart, and that it must be given by some Person below the Deceased, for that, if the Point go upwards, the Hilt must be downwards. Another Surgeon deposed to the same Purpose. After a full Hearing the Jury found the Prisoner guilty of Manslaughter . Burned in the Hand .