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 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 shew, 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 credibiity of the testimonies.
