Robert Fitz Simonds proceedingsdefend was indicted for the Murther of Charles Middleton proceedingsvictim , by giving him one mortal Bruise on the left side near the Crown of the Head, on the 26th of September last, of which he languished till the 6th of October, and then died . He was indicted a second time, upon the Coroner's Inquest, Mr. Cooling depos'd, That he invited Mr. Fitz Simonds to drink, in a Part of the Fleet-Prison , call'd The Yorkshire House; and that there was with him Mr. Maclean, who also press'd Mr. Fitz. Simonds to drink as well as he, and that Mr. Middleton came up when they had drank one Pot. That Maclean propos'd a Health, (God's King, God's Church, and God's People.) Upon which Mr. Fitz Simonds desir'd him to explain himself, and because he did not, he threw the Mug of drink at him, and thereupon a Scuffle ensued between the Prisoner and Mr. Maclean, and they were both down on the Bed, but he saw no Blow given to Middleton, but that he went to part them. William Maclean < no role > depos'd, that Mr. Cooling and himself did invite Capt. Fitz Simonds to drink, but he refused till they pressed him, and he promised to treat him, that he did propose this Health, God Almighty's King, God Almighty's Church, and God bless us all. That the Prisoner said, why do you not name King George. That Mr. Cooling set the Mug down on the Table, and the Prisoner call'd him (this Evidence) Jacobite Rogue, and took the Mug and threw the Drink in his Face: That he wip'd his Eyes with his Fingers, and thinks he might say to the Prisoner he would not take it. That thereupon the Prisoner clos'd with him, and ran him down on the Bed, and they were parted, and the Prisoner took up a Chair, but he saw no Blow given with it, and they were fallen on the Bed again, and when they got up, Middleton had had a Blow, and said, Let who would part them he would not, for he had gotten a broken Head, but did not say who gave it. Henry Raynes < no role > depos'd, that the Prisoner, and Cooking, and Maclean, were drinking in his Room, and Middleton came in when they had drank one Bottle. That Maclean proposing the foresaid Health, and refusing to name King George, the Prisoner threw the Drink in his Face, and so the Quarrel began. That he saw nothing of any Blow given with a Chair: But while the Prisoner and Maclean were scuffling on the Bed, the Prisoner being undermost, the Deceased (Middleton) being near the Side of the Bed fell down, and hit the left Side of his Head against the Edge of a Bench, he took him up, and wash'd it with Brandy, for it bled. That they stay'd some Time afterwards, and were reconciled; and the Prisoner expostulating, with Maclean, why he would not explain himself, he call'd for Brandy, and did drink King George's Health: That they went away together, and that Middleton stay'd after them. That he did not see any Chair in the Prisoner's Hand, but he said he was sorry for Middleton's being hurt; and Maclean also depos'd the same, adding, that the Prisoner said he did not intend it for him. Raynes added, that some Time before, the Deceased complained to him of his not being well. Mrs. Middleton depos'd, That her Husband said he had received a Blow from Mr. Fitz. Simonds, but it was not designed for him. The Surgeon depos'd, He did believe that the Bruise on his Head, was the Cause of his Death. The Prisoner in his Defence gave the same Account of the Occasion of their Meeting and Quarrel that the other Evidences had done, saving that upon his urging Maclean to explain himself, whether by God's King he meant King George, that Maclean should reply, He was the Devil's King; and Cooling being call'd as to that, said, Maclean said, If he is not God's King, he is the Devil's King. The Prisoner pleaded, That he told the Evidence Maclean, that he having the Honour to bear the King's Commission, would not bear to hear such Expressions; and if he would not explain himself, and drink King George's Health; he should go out of the Company. That he took up no Chair, nor did strike the Deceased, and that while they were down on the Bed, Maclean being uppermost, having gotten his Finger in his Month, and bit it half off, they getting up found the Deceased had received a Hurt, but he knew not how it came. It appear'd by all the Evidences, That there was the utmost Friendship between the Prisoner, Deceased, and all the rest of the Company, till the unhappy Dispute arose, and that before they parted they were reconciled. That the Deceased did not charge the Prisoner with giving him the Blow; nor did any of them say, that they saw any Blow given by the Prisoner to the Deceased; and by the Evidence of Raynes it appear'd to have been rather the Effect of his Fall against the Bench. The Prisoner call'd some to his Reputation, who gave him the Character of a peaceable, inoffensive Person, and upon a full Hearing of the Matter, the Jury acquitted him of both Indictments.