ABout nine in the Morning, the Court being set, the Jury was Impannelled for the Trying of these Notorious Of­fenders, being called over were half English, and half Foreigners. The Prisoners were brought up by Order of Court, and severally Arraigned for the Mur­ther, and demanded to Plead Guilty or not Guilty; as likewise Charles John Coningsmark, who was put upon the same Jury, he as well as the rest having an Interpreter allowed him; when they had so Pleaded: and put themselves upon God and their Country, the Jury were Sworn, and they ordered to look to their Charges. Whereup­on the Count made a Peremptory Exception against 17 or 18, but at last a Jury of English and Aliens were Sworn, and the Indictment Read, which was that George Borisky, had on Feb. 12. last, with a Mus­quettoon, Charged with Pouder and Bullet, Shot and Killed, Thomas Thin, Esq; and the said Christopher Urats, was aiding and assisting in the same.

After which Sir Francis Withins opened the matter and manner of the Barbarous Murther, as likewise Sir Francis Winnington and Mr. Williams, Councel for the King, whereupon the Evidence were called, [Page]and the first that were Sworn were two of Esquire Thinn's Men, who gave Evidence, That their Master having been in his Coach at the Countess of Nothumberland, and returning home, though the Pall Mall, on the day aforesaid in the Evening, three persons came riding up to the Coach, one stopping it, and another Firing into it, and then [...]d with what hast they could, and although pursuit was made after them, they could not be taken: Next the Examinations which were taken by Sir Iohn Risby and Mr. Bridgman were sworn to by the said Justices, who gave the substance of them as followeth. That Borisky had confessed he shot into the Coach at the command of Urats, and that Urats had confessed he went to compel Esquire Thinn to fight him, and that for his affronts put upon Count Konningsmark, he de­sired Stern and Forisky only to see fair play, saying that the latter fi­red without his Order, but it being proved fully, not only by their Examinations before the Justices, but likewise they in Court confes­sed the same; the Council proceeded to prove that the Count was the Principal contriver of this Murther, whereupon one Mr. Hansoy, Tutor to the Counts Brother was called, who gave Evidence, that he had entertained Borisky in his Service, but the Friday before the Murther, and that he had bought him a Sword and other Acoutre­ments for Horsemanship.

Dr. Frederick Harvey being Sworn, testified, That the Count was his Patient, and that he had a breaking out in his Breast, which caused him to disguise himself, because he would not be obliged to Drink or Sort himself with any Company. A Foot Boy of his was likewise Sworn; who testified, That Urats was commonly with his Master, and that the Night the Murder was done, he came thither, and the Count the next Morning fled, having shifted his Lodgings three or four times. The Sweed at Rotherith, at whose house he lay, was called, who gave Evidence, That he came to his House, telling him he was in some Danger, desiring to have some Change of Apparel, which he lent him, and the next day he hired a Skuller, and was 3 days Crusing upon the River of Thames, between that and Graves-end. The next was Mr. Gibbons, and Mr. Kid, who took him, Their Evidence was, That they having Notice, from a person, that the Count absconded at Rotherith, they got a Warrant and pursued him to Graves-end, where they had notice he was gone, and there seized him. That after various Discourses, he said, That this business might prove a stain to his blood, but that a brave Action in War might recover it. After which the Jury went out and considered the Evidence. When they returned, They found Urats, Borisky, and Stern, Guilty of Will­full Murder; but the Count is deferred till next Term. Whereupon the Court proceeded to give Judgment of Death, upon those that were found Guilty.