ing God before bis eyes, &c. on the 26th day of September, in the 17th year of his majesty's reign, with force and arms, in the said parish, and the said county, in and upon Thomas Ricketts, in the peace of God, and our lord the king, then and there being, feloniously did make an assault; and with a certain knife made of iron and steel, of the value of 6d., which be, the said William Chetwynd, then and there had, and held in bis left hand; him, the said Thomas Ricketts, in and upon the right side of the belly of him, the said Thomas, below the navel of him, the said Thomas, then and there feloniously, and in the fury of his mind did strike and stab (he the said Thomas Ricketts then and there not having any weapon drawn, nor the said Thomas Ricketts then and there having first stricken the said William Chetwynd,) and that the said William Chetwynd, with the knife aforesaid, did then and there give to the said Thomas Ricketts in and upon the right side of the belly of him, the said Thomas, below the navel of him, the said Thomas, one mortal wound, of the breadth of half an inch, and of the depth of three inches, of which mortal wound the said Thomas, at the parish aforesaid, and county aforesaid, from the said 26th day of September until the 29th of the said month of September, did languish, and languishing did live; upon which said 29th day of September, the aforesaid Thomas Ricketts, in the said parish, and the said county, of the said mortal wound did die; and so the jurors aforesaid do say, that the aforesaid William Chetwynd the aforesaid Thomas Ricketts feloniously, and in the fury of his mind, did kill and slay, against the peace of our lord the king, his crown and dignity.

He was a third time indicted on the coroner's inquisition, for feloniously slaying the said Thomas Ricketts.

The Counsel for the Prisoner desired, that as the prisoner had the misfortune to be extremely deaf, he might have the liberty of standing at the inner bar; which the Court readily granted.

The Counsel for the Prosecution having opened the several indictments, and set forth the circumstances relating to the fact, they proseeded to examine their witnesses.

Master William Hamilton sworn. Counsel. I think you are one of the young gentlemen who boarded at Mr. Clare's academy in Soho-square?— Hamilton. Yes, I am.

Were you boarded there last September?Yes.

Was the prisoner at the bar at board there then?-Yes.

Do you remember one Mr. Thomas Ricketts being there?-Yes, I was present when the prisoner and Mr. Ricketts were together in the

room.

What time was it?-It was on the 26th of September.

Who was in the room when you went in ?— There was one Samuel Malcher, Thomas Ricketts, and Mr. Chetwynd; they were the only persons in the room.

What was the conversation turning upon? What were they talking about, when you came into the room ?Mr. Chetwynd had got some cake, and Mr. Thomas Ricketts desired Mr. Chetwynd to give him a piece of his cake; Chetwynd denied it him; I asked him for a piece, and he likewise denied it me.

What happened then? -- Hannah Humphreys came into the room about that time. Mr. Chetwynd took the cake, and cut a piece off, and laid the piece upon the bureau, and locked the other up; with that Mr. Ricketts. came and took the piece of cake off the bu reau; Mr. Chetwynd asked him for it; and Mr. Ricketts laughing, went up to the maid, and told her, he had taken a piece of Mr. Chetwynd's cake; with that, Mr. Chetwynd came up to him, and demanded it of him again.

Did Mr. Ricketts deliver it to him again?—

No.

Did Mr. Ricketts refuse to deliver it?-Mr. Ricketts did not refuse to deliver it.

What answer did Mr. Ricketts give Mr. Chetwynd, when he asked him for the cake again?-He gave him no answer, but continued laughing.

You mean he was laughing with you, not laughing at the prisoner.

Prisoner's Counsel. That is nice indeed!

Prosecutor's Counsel. What happened next after this? Hamilton. After Mr. Chetwynd demanded the cake, and Mr. Ricketts giving him no answer, he struck him immediately with the knife, which he had in his band.

Was it back-handed ?-It was back-handed. Jury. I desire he may speak a little londer; Was Ricketts behind him when he struck him with the kuife ?-Mr. Ricketts's side was to Mr. Chetwynd's. He was standing by his side.

How near were you to them?-Not very

near.

Where did you stand?-I stood a little way before them.

Where was this blow given?-Just hereabout upon the side (pointing to the right side of the belly.)

Did you see him pull the knife out?—I did not see him pull it out.

How do you know it was a knife that he struck him with ?-Because it was the same knife that he cut the cake with.

What followed upon that?-Mr. Ricketts cried out he was afraid he was stabbed.

Did Mr. Ricketts fall down?-No; he laid his hand upon his side, and said he was stabbed.

What part of the room did the scrutoire stand in?-It stood in the coruer of the room by the window; the window and the scrutoire were on the same side.

What kind of a knife was this?-It was a sort of a French knife.

Was it a penknife? or what knife was it? It was a preity large knife.

Was it a clasp knife?—Yes.

Did you see Chetwynd cut the piece of cake?
No.

Court. Did you see the deceased take it away?—Yes.

Did Chetwynd see him take it away?-I cannot tell that.

The counsel for the prosecution having done with this witness, he was examined on behalf of the prisoner.

Prisoner's Counsel. Mr. Hamilton, if I understand you right, the deceased and you asked Mr. Chetwynd for a piece of cake, and Chetwynd refused it?-Hamilton. Yes.

So he was not willing to give either of you any?-No, he was not.

I think you said Mr. Chetwynd took the knife out of his pocket ?-I said he cut a piece of cake; I did not say he took the knife out of his pocket.

I think it was a cake that they call a simnel; was it not?-Yes, it was.

I think they are very hard, with a crust on the outside, and difficult to be cut?---It was pretty hard.

Then that may possibly require more strength than be bad in one hand, to cut it; he cut it down, did not be?---I did not see him cut it. You said he took his knife and cut it?-Yes he did cut it.

Then tell me whether or no (I am sure I will do fairly, God forbid that I should do otherwise) Mr. Chetwynd did not refuse to give any of the cake to Mr. Ricketts?—Yes, he did refuse it.

Whom did he cut the cake for? was it not for himself? I believe it was.

Then he did not cut it for any body else; I think you said, he laughingly told the maid he had got it ?--Yes.

And upon that Mr. Chetwynd demanded it from him again, and he laughed, but did not deliver it ?---He made him no answer, but did not deliver it.

Did he ask him to give it him again before this unhappy accident happened ?---Yes, he did. Pray tell me whether he did not, besides his laughing, endeavour to keep the cake from him? --I did not observe that.

Please to tell me, whether, as you were schoolfellows together, you were not all good friends?--Yes, we were.

Which of the two was biggest?---Ricketts was larger than Chetwynd.

I am obliged to the gentlemen on the other side, for intimating that Mr. Chetwynd gave

How long was that before this thing bappened ?---I do not know how long it was. This happened about one o'clock.

When this unfortunate thing happened, what did Mr. Chetwynd say immediately upon it? ---Really, I do not know.

I think, Sir, you were telling the Court of a French knife; I own I do not know what they are; but the question I would ask you, is, whether most of you young gentlemen do not carry these knives in your pockets ?---I have heard so; it was a knife that he always had. And I suppose many of you had such knives? I cannot tell as to that, Sir.

have used in your evidence; I have no more I am obliged to you for the candour you questions to ask you.

Court. Can you recollect, how these young gentlemen lived together, whether there was any ill-will between them, or whether they lived in a friendly manner?

Hamilton. I think they lived as the other scholars did.

Court. Do you apprehend there was any malice between them?

Hamilton. I never knew of any malice between them.

Court. How did the young gentleman behave after he had given that wound? Hamilton. I did not see him afterwards.

Master Samuel Malcher sworn.

Court. How old are you?

Matcher. I am thirteen next January.

The Court asked Malcher what he thought would become of him, if he did not speak the truth? To which he replied, he should be unhappy everlastingly.

Court. Were you present at this unhappy affair?---Mulcher. Yes.

Counsel. Then give us an account of what you heard, and what you saw.---Mr. Ricketts asked Mr. Chetwynd for a piece of his cake, and Mr. Chetwynd gave him a piece; he asked him for another piece, and he refused it him.

How long was that after he had given him the first piece ?--It was about a quarter of au hour; and after he bad refused it him, he went out of the room, with the cake under his arm, and then came into the room again."

What room was it ?--It was the room where Mr. Chetwynd lay.

What room did he go into, when he went out of his own room, after his refusing him the cake ?---He did not go into any room; he only went out of the room to the head of the staircase, and then came in again.

Did he open the bureau then, or was it open before ?---I cannot justly recollect that. You say he bad the cake with him ?---Yes. What did he cut it upon ?--He cut it upon the bureau.

You say he cut a piece, what did he do with it?-He laid it down upon the bureau, and Ricketts came and took it---snatched it away.

Did Chetwynd see him take it away?---I cannot tell whether he did or no.

Court. How did Chetwynd stand?
Malcher. He had his back to Ricketts.
Court. Where did the cake lie?

Malcher. The cake was before Chetwynd, and Ricketts put his hand beside him, and took it away, and then he went to the window. Counsel. Where did he carry it?

Mulcher. He went to the second window with it.

Then Mr. Chetwynd turned about to ask for his cake again?--I did not hear him ask for it. He went after him, did not he?---Yes. Was it not for his cake?--I cannot tell. Did Ricketts shove him?--Not that I saw. When Ricketts took the cake from Chetwynd, had Chetwynd his back towards him? ---Yes.

Did Ricketts reach over his shoulder, or take it under his arm?---He went under his arm, and took the cake.

Did he touch him?---I cannot tell that. You say immediately upon that be went to the window, how far was that from the bureau?

room.

What happened after that?---Mr. Ricketts told the maid he was stabbed, and then he went down stairs.

Was Hannah Humphreys in the room?--Yes.

What did she say?---She said, he was stabbed.

What was said or done afterwards?---Really I do not know.

Had Ricketts any thing in his hand ?---He had nothing in his band that I saw; nor said any thing to provoke him, as I heard.

[Cross-examination by the Prisoner's Counsel.]

Counsel. You were present at the beginning of this transaction, were you not?

Malcher. Yes.

Were you present before Mr. Hamilton came up?--- Yes, Sir.

When Mr. Ricketts had the piece of cake given him, that was before Mr. Hamilton came up, was it not?---Mr. Hamilton did not see him give it him.

They were good friends before this, were they not?--I think so, they used to be so.

When Ricketts asked him for the second piece of cake, was not he teazing of him?-No, he teazed him about the first; and then he went out of the room, and Ricketts followed him.

You say, Mr. Chetwynd carried the cake under his arm out of the room, and Ricketts followed him; and then Chetwynd came into the room again, and Ricketts followed him still, did not he?--Yes.

Then he came to his bureau, Ricketts following of him still?--Yes; and then I saw Mr. Ricketts take the piece of cake up, which Mr. Chetwynd had laid upon his bureau.

Pray, now, when Chetwynd went to cut the cake (you were there all the while), did Ricketts offer to assist him in it, did he offer to lend bim a knife?--Yes, he did, and had it open. What did Chetwynd say then ?---Chetwynd said, he had a knife of his own.

Pray, had Ricketts a knife in his hand?-Yes, he had a knife, and offered to lend it Mr. Chetwynd.

Prosecutor's Counsel. I should be glad to know whether he did not put that knife into his pocket again?

Malcher. I do not know that he did.

Here is a question misunderstood I believe; did the knife that you speak of belong to Mr. Chetwynd, or to Mr. Ricketts?---The knife belonged to Mr. Ricketts.

Prisoner's Counsel. That is a fair answer to the question.

Court. Ricketts's knife was opened before Chetwynd's; were both the knives open at the time this unhappy accident happened?

Malcher. Mr. Chetwynd's knife was not opened when Mr. Ricketts offered him his knife; but he refused it, and said he had one of his own.

Court. Was Ricketts's knife open then?
Malcher. Yes.

Court. Were they both open when the ac cident happened?

Malcher. No, Ricketts's was clasped, and put into his pocket, on Mr. Chetwynd's refusing it, and before the cake was cut and put upon the bureau.

Court. Then you saw him clasp his knife when Chetwynd refused it, and put it into his pocket?

Malcher. Yes.

Court. And this was before this wound was given?

Malcher. Yes.

Prosecutor's Counsel. Was it before the cake was cut and laid upon the bureau? Malcher. Yes, it was.

Hannah Humphreys sworn. Counsel. Pray give us an account what you know of this unhappy affair.

Humphreys. The young gentlemen were in the dining-room, and I was in the next room; I heard a noise, upon which I went into the dining room and asked them what they did

Prosecutor's Counsel. Did you observe who were in the room?

Humphreys. I saw Mr. Hamilton, Mr. Ricketts, and Mr. Chetwynd. Court. Did you hear Chetwynd ask Ricketts for his piece of cake?

there, and what was the matter they were not in their own rooms; Mr. Ricketts made answer, that he wanted a piece of cake of Mr. Chetwynd; I said to Mr. Ricketts, Have not you had a piece? He said No, and smiled. I looked at Mr. Ricketts, and said, I believed he had had some, for he had some crumbs of cake upon his lips; Mr. Ricketts smiled again, and said he wanted another piece, or a bigger piece. Where was Mr. Chetwynd then?---Mr. Chetwynd at that time was at his own bureau, cutting his cake.

Humphreys. I did not hear him. Counsel. What became of Mr. Chetwynd after that? where did he go?

Humphreys. He went out of the room. How long did he continue in the house?He continued in the house till Tuesday morning.

and Mr. Ricketts then took the cake.

Court. Mention in what manner he took it. Humphreys. I think, to the best of my knowledge, it was over Mr. Chetwynd's shoulder. Counsel. Where did you stand at that time? Humphreys. I stood at the corner of the middle window, and Mr. Ricketts almost faced me, not quite, but was a little sideways of me. Court. Had Mr. Ricketts the cake in his band?

Humphreys. He had the cake in bis hand. Court. How far were you off the bureau then ?

Humphreys. Iwas then from the bureau about three yards, and Mr. Ricketts came up to me, and said, Hannah, I have got some cake. (1 bad a stocking in my hand which I was darning.) Upon Mr. Ricketts's saying he had got some cake, Mr. Chetwynd came from his bureau to my right-hand, and in a very short time Mr. Ricketts said, Hannah, Mr. Chetwynd has stabbed me. I looked at him.

Prosecutor's Counsel. Did you see Mr. Chetwynd come from the bureau ?

Humphreys. Yes.

Where did Mr. Ricketts stand?—Mr. Ricketts stood just by me.

Now tell us whether you saw this stab given? I did not see it given.

Did you observe that Mr. Ricketts had any thing in his hand?—He had nothing in his hand but a bit of cake.

Did you observe that Mr. Ricketts had struck Mr. Chetwynd?-No, he had not struck him, and was not seemingly in any anger.

You say that at this time Mr. Chetwynd came up and stabbed Mr. Ricketts ?

Prisoner's Counsel. No, that is not right. Court. She said Mr. Ricketts told her so. Prisoner's Counsel. I'do not doubt your candour, but you are mistaken in the evidence; repeat it again.

Humphreys. I saw Mr. Ricketts come from the scrutoire, and he said, Mr. Chetwynd has stabbed me. Says I, Mr. Ricketts, you joke. Mr. Ricketts had put his hand to his side: I bid him take his hand away, and then I saw a little blood; Mr. Chetwynd, said I, you have done very well. Mr. Chetwynd said, Hannah, if I have burt him, I am sorry for it.

[Counsel for the Prisoner on the cross-examination.]

Counsel. Tell us where this room was, where you heard the noise before you went to them. Humphreys. It was on the same floor.

Did you hear any rustling of feet, or only their tongues ?---It was only their tongues; it is my customary way when I hear any noise among the young gentlemen to go to them, in order to persuade them to be quiet.

Where was Mr. Chetwynd when you came into the room?-Mr. Chetwynd was at his bureau, and Mr. Ricketts was standing in the room, and he said he wanted a piece of cake of Mr. Chetwynd.

Was this Mr. Ricketts's room?—No, Mr. Ricketts had a room up another pair of stairs.

Then he was got into Mr. Chetwynd's room, which was the occasion of your asking him what he did there?-Yes, it was the room where Mr. Chetwynd lay; he had not a room to himself.

Was there any conversation about the cake, or any asking for cake before you went into the room? I do not know, he only said he wanted another piece of Mr. Chetwynd's cake. Was Mr. Chetwynd's back toward you?— Yes.

Then consequently it must be to Mr. Ricketts ?-Yes, Mr. Chetwynd put out his arms a little to keep Ricketts from the cake. It was but a very little way thus, extending his armas a little from his body, and raising them up, and Mr. Chetwynd said, Don't, Mr. Ricketts.

Did you observe Mr. Ricketts then offer to take the cake, or to touch Mr. Chetwynd ?—I only observed him to take the cake.

But did you see him touch him?---1 did not see him touch him.

That is very odd, because putting out his arm, and saying Don't, shews as if he had done something. He might touch his clothes, when he took away the cake.

Was not he taller than Mr. Chetwynd ----He was a great deal taller than Mr. Chetwynd, he might for his height reach over Mr. Chetwynd, and take the cake.

Could be take it over his shoulder, or over his head without touching him?---Over his

shoulder he might do it without touching him.

Did he take the cake over his shoulder or over his head?--I think it was over his shoulder.

Did not Mr. Ricketts laugh when he had got the cake?---Mr. Ricketts came away laughing, and said, he had got a bit more cake.

Was there any motion or action between them before this thing happened? There was not any motion or action at all that I saw be fore this happened.

Did you stand facing the bureau ?-The bureau was behind my back, and Mr. Ricketts stood facing me, as I stood sideways to the window, with my work in my hand, and Mr. Chetwynd was by my right hand, we all three in a manner touched one another.

How could this be done without your seeing it ?--I did not see it done.

And then the first thing you heard was, that he was stabbed ?-That was what Mr. Ricketts said.

And you at that time did not believe it?---No, I did not believe it; for when Mr. Ricketts said he was stabbed, I lifted my eyes off my work, and said, Mr. Ricketts, you joke.

Was there any blow given ?--I believe there was no blow; I did not see any; 1 did not at first believe that there was a wound.

As you did not believe it, it is plain that Mr. Chetwynd did not believe it; for he said, If I have hurt Mr. Ricketts, I am sorry for it. Did he look to have anger in his countenance ?---No; he looked with concern; and said, Hannah, if I have hurt Mr. Ricketts, I am sorry for it.

Mr. Beeston Long sworn.

Prosecutor's Counsel. Pray, Mr. Long, inform the Court what discourse passed between you and the deceased, after he had received the wound.

Mr. Long. I came to town on Monday night, the 26th of September, and found a letter from Mr. Clare; wherein he acquainted me, that Mr. Ricketts had met with an untoward accident, and had received a wound from a young gentleman in the house, but that he thought there was then no danger; this letter having been wrote in the morning, I enquired if there had been any subsequent message from Mr. Clare; I was told there had not: I did not go to Mr. Ricketts that night, not thinking there was any occasion for so doing; but in the morning, I determined to take the advice of Mr. St. Hill, who being a gentleman very eminent in his profession, we always take his opinion, when any accident happens to the young gentlemen under our care: I wrote a letter to him, and desired he would meet me at the academy that day [that was on Tuesday,] which he did; and I found there Mr. Shipton and Mr. Middleton, who had likewise been called in; these three gentlemen, with Mr. Mac Cullock, the surgeon of the house, viewed Mr. Ricketts's wound, and thought him

in very great danger; they continued attending him till Thursday morning the 29th, when he died.

What account did Mr. Ricketts give you of the occasion of this accident?-Mr. Ricketts told me, that on the Monday, about noon, he was sent to call Mr. Chetwynd to fence, and found him in the dining-room, with a cake, of which he asked him for a piece, which he gave him; that he then asked Mr. Chetwynd for another piece, which he refused; and cut a piece of the cake, and laid it upon his bureau, which stood at the end of the room; Mr. Ricketts, to teaze Mr. Chetwynd, for having refused him, (but without any intention of eating or keeping it) took up the piece of cake, carried it to the middle window, and said to a maid, who stood there, Hannah, I have got a piece of cake; and he said that Mr. Chetwynd followed him, and immediately stabbed him in the belly.

Prisoner's Counsel. You said, you came to town that Monday, did you see Mr. Ricketts that day?

Mr. Long. I came to town that Monday night, and found a letter from Mr. Clare; I did not see Mr. Ricketts that day; for I did not apprehend there was so much danger, as I afterwards found there was.

How many surgeons had you ?---There were four surgeons; three were called in; and there was Mr. Mac Cullock, the surgeon of the house.

I should be glad to know, whether Mr. Ricketts gave any account to you of any passage that happened immediately after the taking of the cake ?-He said, that after he had taken the piece of cake, he carried it to the middle window, where the maid stood; and said, Hannah, I have got a piece of cake; and that Mr. Chetwynd came up to him, and stabbed him without speaking a word.

Without whose speaking a word ?---Without Mr. Chetwynd's speaking a word.

Did you ask him in what manner he had lived with this young gentleman the prisoner, whether they did not live in friendship?-He said, be never had had any quarrel with him; and I have reason to think it to be true, because Mr. Ricketts was a lad of a remarkably good natured disposition.

Did you ask him any thing farther? --Mr. Ricketts was generally, when I saw him, in such extreme torment, that I did not care to trouble him with too many questions.

Did not he tell you he forgave him?--He did say that he forgave him.

Prosecutor's Counsel. Prisoner's Counsel. for it.

Call Mr. St. Hill. There is no occasion

Prosecutor's Counsel. The jury must have satisfaction, that the wound was the occasion. of his death.

*As to dying declarations, see a Note to the Case of Reason and Tranter, vol. 16, p. 24.