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.

The witnesses who appeared against him were proved to be persons of such characters as did not entitle them to much credit; a common strumpet, a woman by whom such wretches were entertained, and a man by whom they were supported.  The character of Savage was by several persons of distinction asserted to be that of a modest inoffensive man, not inclined to broils, or to insolence, and who had to that time been only known by 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 the most brutal severity, and in summing up the evidence endeavoured to exasperate the jury against him, and misrepresent his defence.  This was a provocation, and an insult, which the prisoner could not bear, and therefore Mr. Savage resolutely asserted, that his cause was not candidly explained, and began to recapitulate what he had before said; but the judge having ordered him to be silent, which Savage treated with contempt, he commanded that he should be taken by force from the bar.  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 two men attack each other, the death of either is only manslaughter; but where one is the aggressor, as in the case before them, and in pursuance of his first attack kills the other, the law supposes the action, however sudden, to be malicious.  The jury determined, that Mr. Savage and Mr. Gregory were guilty of murder, and Mr. Marchant who had no sword, only manslaughter.