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tions: his compliments are constrained and violent, heaped together without the grace of order, or the decency of introduction : he seems to have written his panegyrics for the perusal only of his patrons, and to imagine that he had no other task than to pamper them with praises however' gross, and that flattery would make its way to the heart, without the assistance of elegance or invention.

Soon afterwards, the death of the king furnished a general subject for a poetical contest, in which Mr. Savage engaged, and is allowed to have carried the prize of honour from his competitors; but I know not whether he gained by his performance any other advantage than the increase of his reputation; though it must certainly have been with farther views that he prevailed upon himself to attempt a species of writing, of which all the topics had been long before exhausted, and which was made at once difficult by the multitudes that had failed in it, and those that had succeeded.

He was now advancing in reputation, and though frequently involved in very distressful perplexities, appeared however to be gaining upon mankind, when both his fame and his life were endangered by an event, of which it is not yet determined, whether it ought to be mentioned as a crime or a calamity.

On the 20th of November 1727, Mr. Savage came from Richmond, where he then lodged, that he might pursue his studies with less interruption, with an intent to discharge another lodging which he had in Westminster ; and accidentally meeting two gentlemen his acquaintances, whose names were Merchant and Gregory, he went in with them to a neighbouring coffee-house, and fat drinking till it was late, it being

in no time of Mr. Savage's life any part of his character to be the first of the company that desired to separate. He would willingly have gone to bed in the fame house; but there was not room for the whole company, and therefore they agreed to ramble about the streets, and divert themselves with such amusements as should offer themselves till morning.

In this walk they happened unluckily to discover a light in Robinson's coffee-house, near Charing-cross, and therefore went in. Merchant, with some rudeness, demanded a room, and was told that there was a good fire in the next parlour, which the company were about to leave, being then paying their reckoning. Merchant, not satisfied with this answer, rushed into the room, and was followed by his companions. He then petulantly placed himself between the company and the fire, and soon after kicked down the table. This produced a quarrel, swords were drawn on both sides, and one Mr. James Sinclair was killed. Savage, hav, ing wounded likewise a maid that held him, forced his way with Merchant out of the house; but being intimidated and confused, without resolution either to fly or stay, they were taken in a back-court by one of the company and some soldiers, whom he had called to his aflifance.

Being secured and guarded that night, they were in the morning carried before three justices, who committed them to the Gatehouse, from whence, upon the death of Mr. Sinclair, which happened the same day, they were removed in the night to Newgate, where they were however treated with some distinction, exempted from the ignominy of chains, and confined, not among the common criminals, but in the Press-yard.

When

When the day of trial came, the court was crowded in a very unusual manner, and the public 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 aflerted, that the did not fee 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 fome 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 Sayage at his trial deny the fa&, but endeavoured partly

to

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 necesfity of self-defence, and the hazard of his own life, if he had lost that opportunity of giving the thruft: he observed, that neither reason nor law obliged a man to wait for the blow which was threatened, and which, if be should fuffer 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 defign to fly from justice, or decline a trial, but to avoid the expences and feverities of a prison; and that he intended to have appeared at the bar without compulfion.

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 thofe who before pitied his misfortunes, now reverenced his abilities.

The witnesses which appeared against him were proved to be persons of characters which did not entitle thein to much credit; a common strumpet, a woinan by whom strumpets were entertained, and a man by whom they were supported; and the character of Savage was by several persons of distinction asserted to be that of a modeft inoffensive man, not inclined to broils,. or to insolence, and who had, to that time,

been

been only known for his misfortunes and his wit.

Had his audience been his judges, he had undoubtedly been acquitted; but Mr. Page, who was then upon the bench, treated him with his usual insolence and severity, and when he had summed up the evidence, endeavoured to exasperate the jury, as Mr. Savage used to relate it, with this eloquent harangue :

Gentlemen of the jury, you are to consider that * Mr. Savage is a very great man, a much greater

man than you or I, gentlemen of the jury; that he " wears very fine clothes, much finer clothes than you

or I, gentlemen of the jury; that he has abundance • of money in his pocket, much more money than

you or I, gentlemen of the jury; but, gentlemen • of the jury, is it not a very hard case, gentlemen • of the jury, that Mr. Savage should therefore kill

you or me, gentlemen of the jury?'

Mr. Savage, hearing his defence thus misreprefented, and the men who were to decide his fate incited against him by invidious comparisons, resolutely asserted, that his cause was not candidly explained, and began to recapitulate what he had before faid with regard to his condition, and the necessity of endeavouring to escape the expences of imprisonment; but the judge having ordered him to be silent, and repeated his orders without effect, commanded that he should be taken from the bar by force.

The jury then heard the opinion of the judge, that good characters were of no weight against positive evidence, though they might turn the scale where it was doubtful; and that though, when two men attack each

orher,

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