When the day of trial came, the court was crowded in a very unusual manner; and the publick appeared to interest itself, as in a cause of general concern. The witnesses 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, 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 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 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 show 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 credibility of the testimonies. Sinclair had declared several 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 suddenness of the whole action, and the impossibility of any ill design, or premeditated malice; and partly to justify it by the necessity of self-defence, and the hazard of his own life, if he had lost that opportunity of giving the thrust: he observed, that neither reason nor law obliged a man to wait for the blow which was threatened, and which, if he should suffer it, he might never be able to return; that it was always allowable to prevent an assault, and to preserve life by taking away that of the adversary by whom it was endangered. With regard to the violence with which he endeavoured to escape, he declared, that it was not his design to fly from justice, or decline a trial, but to avoid the expenses and severities of a prison; and that he intended to have appeared at the bar without compulsion. This defence, which took up more than an hour, was heard by the multitude that thronged the court with the most attentive and respectful silence; those who thought he ought not to be acquitted, owned that applause could not be refused him; and those who before pitied his misfortunes, now reverenced his abilities.