The Proceedings of the Old Bailey

 

685.   JOHN BARDOE (32) , Feloniously stabbing, cutting, and wounding   Charles Oliver, with intent to murder him. Second count, to him do some grievous bodily harm.

MESSRS. METCALFE and GENT conducted the prosecution.

  NOCOLA MAGGI . I am a ship-chandler, and reside in the Minories—I know a Captain Francisco Capello—I have known him about two years—he is a native of Genoa—I also come from that place—the Captain last called upon me at the end of April or the beginning of May, at my house in the Minories—he bought everything of me that he wanted in my way—he said something to me about a black man just before he went to sea—he said he had left a black man in the hospital, and said he liked him so much, that he was sorry to go away without him, and asked me when he was cured to take care of him, till another captain that he knew came to London—when the other came, he said, "You will be kind enough to put him on board, if he will go"—he said the name of the ship was the "Guinea"—he said, "You can make him do something in your shop till the ship arrives"—I understood what I was to do—I agreed with the captain to put the black-man on board, if he would go—Captain Capello afterwards left London for Genoa—the black man Was brought to my house afterwards by another man—he had a piece of paper in his hand with my name upon it—I did not Know the handwriting—there was my name and address, and also another name—on that, I took the man in—I told him, if he would stop, he could do what he liked—he asked if he was a slave to me—I said "No," and I said, "If you work Well; you shall not go on board; and, if you are a good servant, I will give you money and food—I do not blow whether the prisoner has been to Genoa—he understood me in the Genoese dialect, not English—I did not tell him what he would have to do; I did not know what he was good to do—I think this was about the middle of May, I don't remember exactly—towards the end of May, after he had been there some time, he was taken ill; my wife told me he was ill, and I told my clerk to send for a doctor—my wife attends to everything in the house—the illness lasted two or three days, in consequence of having eaten plenty of cabbage-soon after the beginning of the illness, there was a disturbance, when I was in bed, on a Friday night, in his room—he was in that same room from the day when he was first taken ill, up to the night when this disturbance took place—I did not go up stairs—I don't remember when the first illness took place—I wanted to get him to the hospital, but he barricaded the door—he would not eat anything—he had eaten nothing from the time he was taken ill, all the time he was in the room; except some beer and some bread I think, he had nothing from me.

COURT. Q. Was he told by you that he must go from your house to the hospital? A. Yes; and he said, "No, no"—it was after that that he barricaded the door, when I sent the clerk to tell him he had better go to the hospital.

Cross-examined by MR. SLEIGH. Q. You are a ship-chandler, I believe? A. Yes—I have known Capello for some time—I do not know a sailor's boarding-house in Ratcliffe Highway; I have heard speak of it; I know the man who keeps it by sight—I was on intimate terms with Captain Capello—he used to buy things of me—he used to dine with me sometimes—I knew him through selling goods to him—it was about 3 or 4 days before he sailed that he first spoke to me about the black man who was in the hospital—he told me that he had left a black man in the hospital—he did

not tell mo that he had brought that man from the coast of Africa—he did not tell me where he had brought him from—I did not hear him say to anybody that he had brought him from Africa—I don't know that I have ever said he told me so—I think, perhaps, he has got him from Africa, but I don't know—he never told me that he had bought him from the coast of Africa cheap—he did not tell me that he had had him at Genoa—I did not know, while he was in my house, that he was the property of Captain Capello—I never heard of such a thing—I heard from the captain that he was on board the Dreadnought—I never went to that ship and made applicafor this black man, to take him away—I never went on board the hospitaltion ship (A gentleman in Court was here shown to the witness)—I have never seen that gentleman before—I never went on board the Dreadnought—(A person named Harrington was here brought in)—I don't think I have seen that person before—I have never been on board the hospital-ship, and asked the captain whether the man was well enough, and whether I could take him on shore—the black man never said, through an interpreter, that he would not be my slave—I sent my clerk to the Dreadnought to get this man, if he would come—he did not bring him; he was brought to me by a man who had a paper with a person's name; the name of Bonta on it—I know Bonta, and have known him for some years; he was Capello's interpreter—I have not before stated that I said to this black man I would put him on board the vessel if he would go—I have never made use of the words before—my clerk is not here; his name is Barber—I was not to receive compensation for having this man—the Guinea went away a week ago—if this had not occurred, I should have put him on board the vessel, if he would have gone—I should not have put him on board, whether be would or not—he was free to do what he liked—I had said before, "If he would go I would put him on board."

MR. METCALFE. Q. How far was the Guinea lying from your house?—A. In the St. Katherine's Docks; about 3 or 4 minutes' walk—I told the black man he was free, and that if he would go I would put him on board—he was in my house I think about a week before he eat the cabbage—during that time he was very good, and did what I wished him, and what my wife wished him—then he eat the cabbage, and retired into the room—before that he was very good.

JURY. Q. Did he ever leave the house after he went there? A. Yes; he used to go out when he liked, on errands, &c.

  ELIZA MAGGI . I am the wife of Nicola Maggi—I remember seeing the prisoner—I don't remember what day he came to our house—an English-man came with him—I don't know his name—he came and brought a piece of paper—we had some conversation with the man who brought him—I understand a little of the prisoner's dialect—my husband understood him—the prisoner went backwards and forwards to the house when he liked—after that he was taken ill, and retired to his room, and was there two days—I saw him after that—we went up to his room, and took him some food—I told Mr. Maggi I considered he was very ill—I offered him some food at the door—he would not accept it—he would not accept anything from any one that offered him anything—I told Mr. Maggi I thought he had better be removed to the hospital—I sent the cabmen up to ask him if he would go to the hospital—he was very savage, and they could not interfere—the cabmen asked him to go to the hospital—he would not go; and with that he shook his knife at the cabmen—he did not understand the cabmen; but Mr. Maggi's clerk went up—he understood him—he would not go to the

hospital—I made application to the police, and they refused to interfere—I went to the relieving officer, and in consequence of that, the police did interfere—when the police came, the prisoner had fastened the room door, and they found they could not make an entrance—I went to fetch an interpreter to tell the prisoner there was nothing going to be done to him, if he would come down; and when I came back the police had made an entrance into the prisoner's room—I had told the police there was something the matter with him—ho was very ill; and I believed he was out of his mind—they broke into his room, and a countryman of the prisoner came and spoke to him, but he did not make an answer—I heard him say to him, "Come away; undo the door"—when the police broke the door, the prisoner escaped through the window, at 12 o'clock, on to the roof—when the police went on the roof they could not find him—they said he had escaped—Mr. Maggi went to bed; but I was frightened—I thought the prisoner would come down the chimney—I went out in the street, and there were some persons saying there was some one on the roof, and two or three men said they would bring him down—I said I would give ten shillings to any one that brought him down—two or three went up, and he was standing with a drawn knife.

Cross-examined by MR. SLEIGH. Q. Was the time he was ill about the time that the Guinea arrived? A. No—it was not to the sailor's boarding-house in Ratcliff-highway I was going to remove this man—I had not been to the boarding-house to make arrangements for his being taken there—I went to the boarding-house to ask the master's advice where we should send the prisoner—if the prisoner had liked to go to Ratcliff Highway, he might have gone—I had no authority to send him there—I said he might go there in preference to a hospital, if he dreaded going to a hospital—I was not to pay for his being kept at the boarding-house till he was sent on board the Guinea—I did not make any inquiry what they would charge—my husband did not go there, nor the clerk—it was not on the day before he barricaded himself in his room that I went to Ratcliff Highway—it was three days previous—my husband did not tell him he was going to send him to Ratcliff Highway if he liked to go—when I was at Ratcliff Highway I heard some conversation about his being a slave—I never heard that he was offered for sale at Genoa, and that they could not get enough for him.

COURT. Q. Did you ever hear that he had been bought by Captain Capello? A. No, never, before I read it in the newspapers.

MR. SLEIGH. Q. Have you not said that you heard that the Captain paid some money for him, and he was bought cheap? A. I heard that they were bought cheap—I never said so—I heard that they were bought cheap slaves, but not that he was bought cheap; nor that the Captain had paid some money for him—that was never hinted to me at all.

COURT. Just refresh your memory with this (Handing her her apposition). Q. Did you ever hear that he had been bought cheap? A. Yes, at Ratcliff Highway.

MR. SLEIGH. Q. Did you hear he was bought by the captain? A. Not by him—when the cabmen went up he had not barricaded himself in his room—2 cabmen went up—I sent them to bring him down if he would come—I asked the cabmen if they knew the hospital—they said very likely they would take him in at the London Hospital—I did not tell them to take him to Ratcliff Highway—I told them to take him to the London Hospital—it was 3 days before that that I had been to Ratcliff Highway, to the sailors' boarding-house—when the men could not get him

down, he shut himself up in the room, and it was the same night this chase took place on the house-top—up to the time I sent the cabmen up stairs he had conducted himself quietly and orderly till he was interfered with.

MR. METCALFE. Q. Do you know that black men are taken at that sailors' boarding-house? A. Yes.

  GEORGE ROBERTS . I am relieving officer—Mrs. Maggi came to me, and gave me some information about a black man—I went up to the room before the police did—I could not gain admission—I then went to the police-station—I merely asked them to assist me in obtaining the prisoner—they gave me the assistance of the constables, and I went down—they burst the door open in my presence, by the permission of the landlord—we found the room was empty, and it smelt rather strong—we searched about for the prisoner—I left about 11 o'clock—in about an hour and a quarter afterwards I heard a man was on the roof—I went up, and saw him, but I did not go on the roof—the policemen went on the roof—I saw the wounded man brought down, and shortly afterwards the prisoner was brought down.

  CHARLES OLIVER (City policeman, 92). I was acting as sergeant of police, and was on duty in the Minories a few minutes before 1 o'clock on 28th May—I was with Inspector Scott—I saw a crowd of persons in front of No. 21, and some man came across the road, and told us to go across to that house, as there was a man on the roof of the house, and they could not get him down—I and Scott went—there were several persons on the landing of the stairs—I saw the prisoner through the trap of the roof—he was on the roof—I asked him to come down—he said "No"—he perfectly understood what I said—I was in uniform at that time—a pair of steps was obtained, and I went up—I was just getting on the roof, and the prisoner made a blow at me—he had some weapon in his hand—I took out my staff, and struck at him—I missed him that time—Inspector Scott then lent me his walking stick, which was longer—I struck at the prisoner with that, but I did not hit him—he went back along the roof—2 other constables got on the roof—we followed him—he went from the top of that roof to the next house, No. 20—he slid down the front of that roof, and returned along the parapet, walking towards No. 21—I followed him to the top of No. 20, and lost sight of him—I slid down the same way as the prisoner was—I could not see him then—I stepped on the parapet of No. 21, and saw him—when I got sight of him again, I asked him to go down below—I said he could go where he liked; we did not want to have anything to do with him—he said, "No; me no go down"—I told him no one wished to hurt him—when he said, "No; me no go down," he raised his right hand, and made a rush towards me, and I saw some weapon in his hand—I then struck at him with the walking-stick, and he caught the blow on his left arm, and he struck at me with something which went into my back—I turned, and he struck at me, and struck me in the left breast—that cut me also—I caught him, and we struggled together, and finally rolled into the gutter—when I was lying in the gutter, with my face down, he got on my back, and when he got on my back he again commenced stabbing me on the back of my head and on my back—he inflicted 3 cuts on the tack of my head—I put my hands up to save my head, and he cut both my hands—I raised a shout, and some one took him off me—I was taken first to a doctor and then to St. Thomas's Hospital—I have been very ill ever since.

Cross-examined. Q. How long did this chase take place? A. I should think not more than 7 or 8 minutes—where this attack was made was a parapet overlooking the street—I struck at him with a staff and with a

walking stick, but missed him both times—there were 2 other policeman on the roof and about 2 other persons—at the moment I was grabbed he had slid down, and I followed for the purpose of seizing him—I had not laid hands on him—I was close up to him in pursuit—it was at that time I made the blow at him, and he caught the blow on his left arm; then, he struck me.

  HENRY SMITH (City policeman, 517). I was called to remove the prisoner from the house—I went with Oliver and others—I saw Oliver lying with his face in the gutter, and I saw the prisoner strike him—the prisoner was very violent, he was just taken off him when I got to him—he had this knife in his hand—with assistance we secured him.

Cross-examined. Q. Did you strike him on the head? A. No; on the arms—he was struck I believe by another officer—I saw a man with a walking stick—I don't know the man's name—an officer struck him on the head—he pretended to be insensible when he was brought down—there was blood on him, he was taken to the hospital.

MR. METCALFE. Q. Was he struck in order to get him away from the officer? A. he was—I struck him on the arms.

  DR. JOHN HENRY COOK . I live at 140, Minories, and am a doctor of medicine—the officer Oliver was brought to my house on 28th may, about a quarter before 1 o'clock in the morning—he had five outs on his back, and three on his head, and several others, eleven or twelve in all—three of the wounds on the back I considered very serious—he was in a weak and fainting state, and was ordered to be put to bed—a knife like this produced would have inflicted those wounds.

The prisoner's statement before the Magistrate was here nod as follows:—I was the slave of a man of the name of Berto, at  Lagos, in Africa, who took me on board a ship to work, and afterwards sold me to a white man of the name of Captain Capello. Captain Capello told me that he was, my master, because Berto had sold ma to him; I don't know how much he paid for me. I was more than a year in Captain Capello's service, but he never gave me any pay, nor did I ever sign or make any agreement as a seaman. Captain Capello brought me against my will in a ship to England, which ship was burnt at Yarmouth, in England; and I was brought to London, put on board another ship, and taken to Genoa, where Captain Capello wanted to sell me, but no one would buy me. I was then taken back to Africa, and brought again to England. When the ship arrived, I told Captain Capello that I would not go again to Genoa, and begged him to put me on board a man-of-war, that I might be free and learn English. He sent me on board the Hospital-ship, where I told one of my countrymen I was a slave. From this I was sent to a house on shore, where I met another of my countrymen, whom I told I would no longer be a slave, but work and get wages. After this, I was taken to another place, where I was made to work; but I told them I would not be a slave any longer; and I was told that if I worked they would give, me clothing and money, but they gave me nothing but food, and wanted me to go to some other place, and so many people were sent after me I thought they wanted to take me to burn me, so I shut myself up, and then got out of the window on to the top of the house. When I was seized I had a knife in my hand; and whatever I did it was in self-defence. I never intended to hurt any man. "The above statement was taken through an interpreter, Miss. M. B. Servano, a native of Yorubah, and educated in England, and was handed by the prisoner as his defence."

NOT GUILTY .