8

the street or had progressed a little beyond it, both parties
seemed for an instant to be at a stand, when the defendant
drew his dirk and gave the metal stab. The deceased from
that time retreated, and the defendant gave him tow other stabs,
& was in the act of giving a fourth when his arm was ar-
rested by a witness.

The deceased was seen with the whip a few days before his death,
and was heard to say that he would use it on the defendant.
He was proved to be in the habit of carrying a switch,
cane, or something of the kind in his hand, whenever he
walked. About three hours before his death, he was heard to
speak of applying for legal redress for the injury he had
received from the defendant. He was proved to be of an extra-
ordinary character, as it relates to his peaceable disposition
and orderly deportment. He was also proved to be unwell on
the day of his death.

Tho.^s Washington Jr.

Gov.^r M^cMinn