ken in a back-court by one of the company, and some soldiers, whom he had called to his assist

ance.

Being secured and guarded that night, they were in the morning carried before three justices, who committed them to the gate-house, from whence, upon the death of Mr. Sinclair, which happened the same day, they were removed in the night to Newgate, where they were however treated with some distinction, exempted from the ignominy of chains, and confined, not among the common criminals, but in the pressyard.

When the day of trial came, the court was crowded in a very unusual manner; and the public appeared to interest itself as in a cause of general concern. The witnesses against Mr. Savage and his friends were, the woman who kept the house, which was a house of ill fame, and her maid, the men who were in the room with Mr. Sinclair, and a woman of the town, who had been drinking with them, and with whom one of them had been seen in bed. They swore in general, that Merchant gave the provocation, which Savage and Gregory drew their swords to justify; that Savage drew first, and that he stabbed Sinclair when he was not in a posture of defence, or while Gregory commanded his sword; that after he had given the thrust he turned pale, and would have retired, but that the maid clung round him, and one of the company endeavoured to detain him, from whom he broke, by cutting the maid on the head, but was afterwards taken in a court.

There was some difference in their depositions; one did not see Savage give the wound, another saw it given when Sinclair held his point towards the ground: and the woman of the town asserted, that she did not see Sinclair's sword at all: this difference however was very far from amounting to inconsistency; but it was sufficient to show, that

the hurry of the dispute was such, that it was not easy to discover the truth with relation to particular circumstances, and that therefore some deductions were to be made from the credibility of the testimonies.

Sinclair had declared several times before his death, that he received his wound from Savage: nor did Savage at his trial deny the fact, but endeavoured partly to extenuate it, by urging the suddenness of the whole action, and the impossibility of any ill design, or premeditated malice; and partly to justify it by the necessity of self-defence, and the hazard of his own life, if he had lost that opportunity of giving the thrust: he observed, that neither reason nor law obliged a man to wait for the blow which was threatened, and which, if he should suffer it, he might never be able to return; that it was always allowable to prevent an assault, and to preserve life by taking away that of the adversary by whom it was endangered.

With regard to the violence with which he endeavoured to escape, he declared, that it was not his design to fly from justice, or decline a trial, but to avoid the expences and severities of a prison; and that he intended to have appeared at the bar without compulsion.

This defence, which took up more than an hour, was heard by the multitude that thronged the court with the most attentive and respectful silence: those who thought he ought not to be acquitted, owned that applause could not be refused him; and those who before pitied his misfortunes, now reverenced his abilities.

The witnesses who appeared against him were proved to be persons of characters which did not entitle them to much credit; a common strumpet, a woman by whom strumpets were entertained, and a man by whom they were supported: and the character of Savage was by several persons of dis

tinction asserted to be that of a modest inoffensive man, not inclined to broils or to insolence, and who had, to that time, been only known for his misfortunes and his wit.

Had his audience been his judges, he had undoubtedly been acquitted; but Mr. Page, who was then upon the bench, treated him with his usual insolence and severity, and when he had summed up the evidence, endeavoured to exasperate the jury; as Mr. Savage used to relate it, with this eloquent harangue:

"Gentlemen of the jury, you are to consider that Mr. Savage is a very great man, a much greater man than you or I, gentlemen of the jury; that he wears very fine clothes, much finer clothes than you or I, gentlemen of the jury; that he has abundance of money in his pocket, much more money than you or I, gentlemen of the jury: but, gentlemen of the jury, is it not a very hard case, gentlemen of the jury, that Mr. Savage should therefore kill you or me, gentlemen of the jury?"

Mr. Savage, hearing his defence thus misrepresented, and the men who were to decide his fate incited against him by invidious comparisons, resolutely asserted, that his cause was not candidly explained, and began to recapitulate what he had before said with regard to his condition, and the necessity of endeavouring to escape the expences of imprisonment; but the judge having ordered him to be silent, and repeated his orders without effect, commanded that he should be taken from the bar by force.

The jury then heard the opinion of the judge, that good characters were of no weight against positive evidence, though they might turn the scale where it was doubtful; and that though, when two men attack each other, the death of either is only manslaughter; but where one is the aggressor, as in the case before them, and, in pursuance of his

first attack, kills the other, the law supposes the action, however sudden, to be malicious. They then deliberated upon their verdict, and determined that Mr. Savage and Mr. Gregory were guilty of murder; and Mr. Merchant, who had no sword, only of manslaughter.

Thus ended this memorable trial, which lasted eight hours. Mr. Savage and Mr. Gregory were conducted back to prison, where they were more closely confined, and loaded with irons of fifty pounds weight; four days afterwards they were sent back to the court to receive sentence.

Mr. Savage had now no hopes of life, but from the mercy of the crown, which was very earnestly solicited by his friends, and which, with whatever difficulty the story may obtain belief, was obstructed only by his mother.

To prejudice the queen against him, she made use of an incident, which was omitted in the order of time, that it might be mentioned together with the purpose which it was made to serve. Mr. Sa vage, when he had discovered his birth, had an incessant desire to speak to his mother, who always avoided him in public, and refused him admission into her house. One evening walking, as it was his custom, in the street that she inhabited, he saw the door of her house by accident open; he entered it, and, finding no person in the passage to hinder him, went up stairs to salute her. She discovered him before he could enter her chainber, alarmed the family with the most distressful outcries, and, when she had by her screams gathered them about her, ordered them to drive out of the house that villain, who had forced himself in upon her, and endeavoured to murder her. Savage, who had attempted with the most submissive tenderness to soften her rage, hearing her utter so detestable an accusation, thought it prudent to retire; and, I believe, never attempted afterwards to speak to her.