Captain Schaw was naturally indignant at the death of his brother; he expressed his anger openly, and said, that the Master of Sinclair had "paper in his breast," against which his brother's sword was bent; and that he had received the fatal wound after his sword had thus become useless. The Master of Sinclair having heard of these assertions, resolved to avenge himself for these imputations cast upon him. On the thirteenth of September, as Captain Schaw was riding at the head of Major How's regiment, the sound of his own name, repeated twice, announced the approach of the hated Sinclair. Captain Schaw turned, and inquired of the Master what he wanted. Sinclair replied, by asking him to go to the front, as he wanted to speak to him; to which Captain Schaw rejoined, that he might speak to him there. "Yes," returned Sinclair, "but if I fire at you here, I may shoot some other body." Captain Schaw answered, that he might fire at him if he pleased, he bore him no ill-will. "If you will not go to the front," returned Sinclair, "beg my pardon." This was refused, some words of further aggravation ensued; then the Master of Sinclair drew his pistol and fired at Schaw. The Captain was also preparing to fire; his hand was in the act of drawing his pistol when it was for ever checked, whether employed for good or evil; the aim of Sinclair was certain, and Schaw fell dead from his horse. Sinclair, without waiting to inquire how far mortal might be the wound he had inflicted, rode away. Thus perished two young officers, described by their brother, Sir John Schaw, as "very gallant gentlemen." To complete the tragedy, a third, wounded at Lisle, was brought to the camp at Wynendale, and expired in the same room with his brother, Ensign Schaw, partly of his wounds, partly of grief for his brother's death; so that the offender, as the surviving brother remarked, "was not wholly innocent even of his blood:" yet both these rencontres, to adopt the mild term employed by Sir Walter Scott, were viewed in a very lenient manner by the officers of the court-martial which afterwards sat upon the case, and even by Marlborough himself. The Master of Sinclair speaks of them in his narrative in terms which imply that one, whose hands were so deeply dyed in crime, regarded himself as an injured man; there can scarcely be a better exemplification of the deceitfulness of the heart than such a representation. On the seventeenth of October, 1708, a court-martial upon the Master of Sinclair was held at Ronsales by the command of the Duke of Marlborough. Upon the first charge, that of challenging Ensign Hugh Schaw (in breach of the twenty-eighth article of war), Sinclair was acquitted, the court being of opinion that the challenge was not proved.