his way with Merchant out of the houfe; but being intimidated and confused, without refolution either to fly or stay, they were taken in a back-court by one of the company and fome foldiers, whom he had called to his affiftance.

Being secured and guarded that night, they were in the morning carried before three juftices, who committed them to the Gatehouse, from whence, upon the death of Mr. Sinclair, which happened the fame day, they were removed in the night to Newgate, where they were however treated with fome diftinction, exempted from the ignominy of chains, and confined, not among the common criminals, but in the Prefs-yard.

When the day of trial came, the court was crouded in a very unusual manner, and the public appeared to intereft itself as in a cause of general concern. The witneffes 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,

them, and with whom one of them had been seen in bed. They fwore in general, that Merchant gave the provocation, which Savage and Gregory drew their swords to juftify; that Savage drew firft, and that he stabbed Sinclair when he was not in a posture of defence, or while Gregory commanded his fword; 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 fome difference in their depofitions; one did not fee Savage give the wound, another saw it given when Sinclair held his point towards the ground; and the woman of the town afferted, that fhe did not fee Sinclair's fword at all: this difference however was very far from amounting to inconfiftency; but it was fufficient to fhew, that the hurry of the dispute was fuch, that it was not easy to discover the truth with relation to particular circumstances, and that therefore

fome

fome deductions were to be made from the credibility of the teftimonies.

or

Sinclair had declared feveral 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 fuddenness of the whole action, and the impoffibility of any ill defign, premeditated malice, and partly to justify it by the neceffity of felf-defence, and the hazard of his own life, if he had loft that opportunity of giving the thruft: he obferved, that neither reason nor law obliged a to wait for the blow which was threatened, and which, if he fhould fuffer it, he might never be able to return, that it was always allowable to prevent an affault, and to preferve life by taking away that of the adver fary, by whom it was endangered.

man

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

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

The witneffes which appeared against him were proved to be perfons of characters which did not entitle them to much credit; a common ftrumpet, a woman by whom ftrumpets were entertained, and a man by whom they were fupported; and the character of Savage was by feveral perfons of diftinction afferted to be that of a modeft inoffenfive man, not inclined to broils, or to infolence, 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 feverity, and when he had fummed up the evidence, endeavoured

to

.

to exasperate the jury, as Mr. Savage ufed to relate it, with this eloquent harangue:

• Gentlemen of the jury, you are to confider 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 cafe, gentlemen of the jury, that Mr. Savage fhould therefore kill you or me, gentlemen of the jury?'

Mr. Savage, hearing his defence thus mifrepresented, and the men who were to decide his fate incited against him by invidious comparisons, refolutely afferted, that his cause was not candidly explained, and began to recapitulate what he had before said with regard to his condition, and the neceffity of endeavour ing to escape the expences of imprisonment; but the judge having ordered him to be filent, and repeated his orders without effect, com manded

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