Proceedings of the Council of Maryland, 1681-85/6. 227

came into the house of the said William Troth this Deponent
asked the said William Troth for a key, the said William
Troth turned himself to make answer to this Deponent, and
the Indian made ready his Gunn; and as the said William
Troth turned himself, the muzzle of the said Indians gunn
was towards the said William Troth, the said William
Troth endeavoured to gett hold of the Indians gunn, before
the said Troth could lay hold, the gunn went off; when the
Indian saw he had done noe execution, then the said Indian
tooke to his Tomohawke, and followed the s^d William Troth
about Seaven or Eight yards, and then the said William Troth
called for his gunn, whereupon this Deponent went and
fetched it, and the Indian Runn away, the said William Troth
shott after him about thirty or ffourty yards. And further
this Dep^t saith not.
Court. Ordered the Interpreter to ask the Indians why the
Prisoner denyed his nation.
Prison" Replyed he was drunk and knew not what he did.

Court. Ordered the Interpreter to ask the prison^r what

defence he could make for himself.
Prison^r Said he was drunk, otherwise he would not have
shott at W^m Troth, or have done any mischiefe.
Court. Told the Prisoner that it was the English Law, that
if a drunken man committed murder when he was drunk, he
must Suffer death, and that if drunkenness would excuse a
man from doeing mischiefe, then the English might make
themselves drunk, & kill the Indians.
King Ababco. Said that an English man shott at three
Indian boyes, but they came home and not hurt, soe he tooke
noe notice.
Court. Said the English was not informed, if they had the
English man should have suffered as the Law prescribes in
such case.
Court. Ordered the Interpreter to tell them that we can
remember severall miscarriages of their Indians, for which
they have not been punished, but we came not here to call to
mind old differences, rather expect they should be forgott on
both sides; but now we have taken this prison^r in the fact,
and he ought to Suffer, desire to know whither what they have
said be to justifie the prisoner, if soe we would consider what
further to say to them.
Indians. Replyed they could not justifie the prisoner,
neither did they come to excuse him.
Court. Ordered the Interpreter to tell the Indians that it is
the custome of Christian Nations, that if peace is broke, he
that doth it most surely die, and this Indian prisoner by the
Law deserves death, but the English not desirous to exercise
the rigour of the Lawe.

Lib. R. R. R.
p. 67