When the day of the trial came on, 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 Marchant gave the provocation, which Savage and Gregory drew their swords to justify; that Savage drew first, that he stabb'd 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.
Sinclair had declared several times before his death, for he survived that night, 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, 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 his escape, he declared it was not his design to fly from justice, or decline a trial, but to avoid the expences and severities of a prison, and that he intended to appear 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.