234. William Kirkwood proceedingsdefend , of St. John the Evangelist , wa indicted, for that he, not having God before his Eyes, March the 10th , in and upon James Hunt proceedingsvictim , did make an Assault; and with both his Hands, the said Hunt, on the Breast, Head, Face, Stomach, Sides and Back, did strike and beat, &c. and on the Ground did cast and throw, giving to him the said Hunt, as well by striking, &c. as by casting him to the Ground, &c. several mortal Wounds and Bruises, of which from the 10th of March to the 17th, at the Parish above-mentioned, and at St. Margaret's, Westminster, he languished, and languishingly lived, and then dy'd .

He was a Second Time indicted on the Coroner's Inquest.

Hannah Ladyman < no role > . The Prisoner at the Bar came into our House with his Fellow-Servant , to drink a Pot of Beer; when the Reckoning was to be paid, the Prisoner desired his Companion to lend him a Penny. The Deceased said, damn you, he sha'n't lend you a Penny. Why would you impose upon the Man? The Prisoner said, he did not want to impose upon him, he only desired him to lend him a Penny, and would give it him again. Damn you, says the Deceased, he shall not lend you a Penny. The Prisoner then asked the Deceased if he could not keep his own Company? Upon which the Deceased damn'd his Body and Eyes, and said he would lick him. The Prisoner told him, he did not want to be concerned with him. But, says the Deceased, damn you I will give it you; - I won't make a Disturbance in the House, but I'll go out into the Street, and wait for you; if I wait all Night I'll do your Business, and he accordingly paid Two-pence, and went out of the House. The Prisoner staid in the House half an Hour after the Deceased was gone, and then he went out. Presently I heard a great Noise in the Street, and found them fighting, but I did not see the Beginning of the Battle. This was on a Saturday, and after the Battle was over, the Deceased came into the House, and said, - damn his Eyes and Body, - he would fight him again on Monday Morning.

Prisoner's Q. Did I give him any Affront?

Ladyman. No; none at all, but desired the Deceased to be quiet and easy. I never saw the Prisoner behave any otherwise than quietly and civilly.

John Grace < no role > . I saw them both in the Publick House, but I can't say how the Quarrel began: And I saw them afterwards fighting in the Street, but I can't tell which of them struck first. There was a Cut on the Deceased's Head, and there was Blood upon them both.

Thomas Davis < no role > . I saw them fighting in the Street; they were both bloody, and had several Falls, and Blows pass'd on both Sides. The Deceased had a Cut on his Head, which I believe was occasioned by a Fall on the Stones.

Mary Wimpers < no role > gave much the same Account.

Catherine Geary < no role > . The Deceased came Home that Saturday Night, in Liquor; (as I was inform'd.) The next Morning he complained of his Hip, and Side. His Eyes and Face were black; and he said he had been fighting. I asked him if he was not a Fool, to come off by the worst? Well, says he, if I am better, I will do for him again. He fought on the Saturday, and died the next Saturday.

Hester Holt < no role > . The Deceased was brought to our Workhouse, as a Man ill of a Fever, (in a deplorable Condition) on Friday.

Catherine Jones < no role > . The Deceased was my Brother. I went to see him while he was ill, and ask'd him how his Illness came; he told me, - by Fighting; upon which I turn'd down the Bed-cloaths, and saw his Neck, Shoulders, Side and Elbow sadly bruised and morrify'd. I ask'd him, who he had fought with; he said, - with an Irishman, - the Prisoner at the Bar; that he was helping to unload four Loads of Beer, and the Prisoner was to give him 6 d. but when the Work was done he would give him but 2 d. so they went to Fighting.

Mr. Westbrook, (Surgeon.) The Deceased was sent to the Work-house, as a Person in a Fever; at the Time of his coming there, he was senseless and delirious. After his Death, the Body was open'd, and there were several Marks of Violence upon it: He had been very much bruised, and the Bruises might hasten his Death; for he was in an ill State, his Bowels were bad, and his Body was very morbid. In all Probability he could not have liv'd but a little Time longer.

William Topliff < no role > . I was drinking that Evening with the Prisoner, and when he came to pay the Reckoning, he desired me to lend him a Penny, to prevent his changing a Shilling. The Deceased call'd the Prisoner a Black-guard Dog, for spunging upon a Man, when he saw he was in Liquor, and said, He deserv'd to have his Brains knock'd out: I told him, he was not able to knock the Prisoner's Brains out. After the Deceased had declared, he would fight the Prisoner, he went out; and in about ten Minutes afterwards, I went out, and the Prisoner follow'd me. As soon as I got into the Street, the Deceased struck me down: I lay some Minutes; and the first Thing I saw when I was recover'd and got up, was the Deceased naked, fighting with the Prisoner, who had his Cloaths on. I was knock'd down, so can't tell who struck the first Blow.

Charles Hanford < no role > . I was drinking in the House where the Quarrel began, but did not mind what Words pass'd. The Deceased went out first, and waited for the Prisoner's coming out. Topliff, (the last Witness) went out next; the Deceased struck him; and the Prisoner coming out, he (the Deceased) struck him too, and they fell to fighting. People were going to part them, and the Prisoner would have left off, but the Deceased would fight again, and ran after the Prisoner; then they fought again, and the Deceased had a Fall, after which he ran after him to fight again, but the Prisoner ran away from him.

Evan Williams < no role > saw the Prisoner coming out of the House, and stopp'd to speak to him. While he was talking to him, the Deceased came up, and pull'd off his Cloaths, saying, - He would fight the best [Man] of them: He advised him to go home, and told him, he was not able to fight; the Prisoner told him, he was going home, and did not want to fight, but the Deceased stripp'd, and would fight; upon which the Witness told him, If he would fight, he must, and so he [the Witness] went about his Business.

The Jury acquitted the Prisoner, and found that Hunt dy'd a natural Death.