TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.
NUMBER IV. PART II. (Of the SESSIONS PAPER.)
Printed for E. HODGSON (the Proprietor); And Sold by him, at his House, No. 14, White Lion Street, Islington; Sold also by J. WALMSLAY, No. 35, Chancery Lane; S. BLADON, No. 13, Pater-noster Row; and C. D. PIGUENIT, No. 8, Aldgate.
LORD MAYOR of the City of London; the Rt. Honourable LLOYD Lord KENYON, Lord Chief Justice of His Majesty's Court of King's Bench; Sir BEAUMONT HOTHAM , Knt. one of the Barons of his Majesty's Court of Exchequer; the Honourable JOHN HEATH , Esq; one of the Justices of His Majesty's Court of Common Pleas; JOHN WILLIAM ROSE , Esq; Serjeant at Law, Recorder of the said City, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
First Middlesex Jury.
Second Middlesex Jury.
329. JACINTHO PHARARO , ANTHONI MURRINI , and STEPHEN APOLOGIE were indicted for that they, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 14th of March last, at the parish of Bedfont , feloniously, wilfully, and of their malice aforethought, did make an assault on one Josephi , in the peace of God and our lord the king then and there being; and that he the said Jacintho Phararo with a certain knife, value 6 d. which he in his right hand then and there had and held, in and upon the neck of of the said Josephi, feloniously, wilfully, and of his malice aforethought, did cut, giving him in and upon the neck one mortal wound of the length of four inches, and of the depth of two inches, of which he then and there instantly died: and the jurors further charge, that they the said Anthony Murrini , and Stephen Apologie , feloniously wilfully, and of their malice aforethought, were present, aiding, abetting, comforting, assisting and maintaining him the said Jacintho Phararo, to do and commit the said murder: and so the jurors aforesaid say, that they, all of them, did kill and murder him the said Josephi .
(The case was opened by Mr. Silvester.)
Mr. MAZZINGI was sworn interpreter.
Court. Have the prisoners any counsel.
Prisoner. No, my lord.
Court. Will any gentleman at the bar have the goodness to ask a few questions for them, as they are foreigners? Will you, Mr. Knapp?
Mr. Knapp. Yes, my lord.
I am a Genoese sailor. My father keeps a public-house: I landed at Gosport: we were altogether in one ship. I shipped myself at Genoa, in the same ship with the three prisoners and the deceased, Josephi; he shipped himself in the island of Sardinia: we were four days at Quarentine, and from thence we came into the harbour of Portsmouth, to wait for orders.
Court. Where were you discharged from the ship? - At Mr. Carver's, the side of Gosport: I do not recollect the day.
After you was discharged, where did you go? - After I was discharged, I lodged with the three prisoners and the deceased, in one lodging; we lodged there about six days.
Do you know whether these people had any property at that time? - They received with me: I received two guineas and a half, and they received one guinea and a half; I staid there about six days.
Had Josephi any property? - He had nothing; he received may be about a guinea.
Had he any more property? - He had no property: but he received from the captain that came from his friend, three joes and a half, double joes, which go for three pounds ten; he changed one of them in Gosport for three pounds ten; if they are worth more I cannot say.
Did he purchase any thing at Gosport? - He spent about half a joe in his lodging; he bought a pair of black stockings, and a hat, and a pair of buckles.
When did they set out? - They set out about (I cannot say in English) on Wednesday, after dinner, to come to London, about three o'clock; I do not recollect the day of the month.
How were they to get to London? - They asked me if I would like to see them on the London road? which I said I would: first we staid in the lodging four or five days; and my money was almost gone; and I came up by the coach; they set off to walk.
Did they all four set off together? - Yes.
How long after was it before you heard of it afterwards? - I was in London from one Thursday to the next Thursday, when they took me.
You was afterwards at Bedfont? - Yes; I saw the body.
What day was that? - That was on Friday, in the following week.
Whose body was that? - It was the body that was in company with these prisoners.
Are you sure of that? - Yes, I am sure of that.
Had he any thing remarkable about his person? - Yes; before they shewed me the person, I said he was wounded in two places in his hand; and he had a silver relick, which when I left him, he used to wear about him; it was round his neck, and used to come before his breast.
You had seen it before? - Yes.
Did he value it? - Yes, he valued it more than his life; I heard him say so thousands of times on board; several of the ship's company heard him say the same.
Court to interpreter. Be so good to explain to the prisoners the substance of this evidence: namely, that he came in the same ship from Genoa with them; that they were joined by the deceased; that they came to Gosport together, and received their wages; and that these three prisoners and the deceased set out all together for London.
Prisoner. The witness was in company with us when we set out? - I was in company as far as Spring-gardens, but did not proceed with them in their journey.
Court. Tell them that.
Prisoners. He went a short way, and then returned back to pay the waggoner's bill, and said he would go by the coach.
Court. Ask them if they would ask this witness any questions.
Prisoners. We wish to ask whether the pair of metal buckles that were found upon one of the prisoners, the deceased did not
Did not the witness see those buckles in my shoes at Gosport? - I did not.
Mr. Knapp. Would your lordship forgive me for asking the last witness a question. When you parted at Gosport, had there any quarrel or any dispute arose between you and the deceased, or any of the prisoners? - None at all: we kissed one another, and parted good friends.
Mr. Silvester. Where do you live? - I keep the White Lion, at Staines. On the 13th of March last, about four in the afternoon, the three prisoners came to my house; the man on the right hand, pitted with the small pox, he could talk a little English, and I could understand him: he asked if the four could have a lodging? I looked at him, and said they might; and they walked in all four together, and sat down in the box; they called for a pot of beer; a pot of beer was fetched; they then asked for some tobacco? I said I did not sell it, but would send for some; the deceased man pulled out his purse, and gave that man a shilling, and he gave it to the boy; that man said a shilling's-worth.
Did you observe the purse? - To my knowledge, as far as I saw, I judged it to be a kind of greasy dirty leather purse; but I never had it in my hand; the boy fetched a shilling's-worth of tobacco, and brought it to them; they filled each of them a pipe, and began smoaking a little while, while they drank their pot of beer; by that time they asked what they could have for supper? they asked for a barber; and I sent my boy with them all four together, to Mr. John Lamb , to be shaved.
Were they shaved by him? - I believe so: I sent them up there; I did not see them shaved; they returned in about a quarter of an hour, and came and sat down in the same place.
When did they leave your house? - On Sunday morning, just at four o'clock; that is the next morning, the 14th; they got up and waked me; I got up and let them out; and just as I let them out, the clock struck four.
Have you seen the body since? - Yes; I went on purpose to see it.
Are you sure that was the body of the fourth man that was at your house? - I am very clear it was.
Who paid you? - The deceased man; he paid every thing at my house; I received no money from any body else but from him.
Court to interpreter. Explain to the prisoners, that they, together with the fourth person, came to this man's house on Saturday for accomodation; that they went to the barber's, and were shaved; that they staid there all night; that the fourth man gave a shilling to pay for some tobacco, and pulled out his purse; that they staid all night, and went away the next morning at four o'clock, all together: and also explain to them that he has since seen the body, which he is sure was the body of the person that was with them at his house.
Interpreter. They say, that before the magistrate, they confessed the very same that this man has just now said.
Court. Would they propose any question to this man? - No, my lord.
I live at Stains: I am a barber.
Do you remember the four men coming to your house on Saturday, the 13th of March? - Yes.
Look at these three? - I am sure they are three of the men; there were four in company; I shaved them all myself.
Have you seen the body since? - Yes, I heard of it; I heard it was a person that was murdered, and I went out of curiosity; and I saw it was the body of one of the persons that was at my shop.
Who paid you? - The deceased.
Did you observe what he took his money out of? - It looked to me as if it was
Court. You have no doubt on the view of the body, that it was the body of the fourth person? - No doubt in the least; and I am sure that the three persons were in company with him.
Court to interpreter. Explain to the prisoners this evidence.
Prisoners. It is very true: we gave him a shilling.
Mr. Knapp. You never saw these persons before? - No.
What are you? - A labouring man.
Where do you live? - At Bedfont.
How far is that from Staines? - About three miles and a half.
Was you there on Sunday morning? - Yes.
The 14th? - I cannot say the day of the month.
About what hour was it? - About a quarter before six.
Did you see any body? - I saw three men pass; I am not sure of the three; but the man on the left hand walked in the middle; they walked ten or a dozen yards at a distance.
Were there no more than three? - No more than three.
The man you mean, is Phararo? - Yes.
What time was this? - About a quarter before six; they were coming from London.
Court to interpreter. Explain this.
Prisoner Phararo. The reason I was behind, was, I had a sore foot.
Court to Henley. Do you know the place where the body was afterwards found? - Yes.
Was the place where you saw this man, further from Staines, more on the way to London? - It was found nearer Staines; it might be about three hundred yards from where I saw them.
Prisoner Murrini. We parted from the deceased about eight o'clock in the morning, as well as we can recollect, near a bridge.
I am a labouring man: I live at Bedfont: I found a body about five o'clock on Sunday afternoon.
Describe what you saw? - The appearance of a body dragged along out of the high road, about one hundred and twenty yards along a wheat-field; it perfectly plowed up the way; there was a great large quantity of blood, where he had been laid down under a hedge; the ditch was not deep enough to bury him; and they took him up from there, to carry him to the place to bury him; the blood was in the high way; there was no blood in the path where the body had been dragged, only the print of one man's foot; I suppose the quantity of blood where they laid him down under the hedge, was as big round as my hat.
Court. Did there appear much trampling in the blood? - No, only one man's foot, by what I could discern; there was not a drop of blood all along the track.
What was the appearance of the place where the body was deposited: was there any blood? - None at all: the body was buried in sand four or five inches deep; in sand which had been carried out of the high road; they afterwards pulled off the grass off the bank, and shook atop of him, and then the boughs and bushes covered it.
Court. The body was covered with sand and grass and branches? - Yes; where they stood underneath the hedge, it seemed as if the traces of foot-steps had been scratched out, that you could not see the appearance of a man's foot, nor a horse's foot, nor sheep's foot, nor any thing in the world; that was the place just under the hedge where they stood.
Was there any appearance of the ground having been harrowed up in the field? - No, not along the track where they dragged him.
Court to Hudson. What sized man was the deceased: was he a large man? - No, but a shortish man.
Who went with you? - The parish-officers: there was no shoes nor breeches nor hat.
How was the body? - It was laid as strait as ever you saw; his throat was cut; his left shoulder, on the bone, was cut all to mummy; he was struck over the head, and three cuts over the chin, before ever they cut his wind-pipe; his wind-pipe was cut quite through.
The body was quite dead? - Oh, yes.
Court to interpreter. Tell them, on the Sunday afternoon, about five o'clock, he saw the body; that it appeared to be dragged over a wheat-field, about one hundred and twenty yards on the high way.
Prisoners. We are very sorry for the poor departed soul, but we know nothing about him.
Prisoner Phararo. It is no reason why, because the man was found murdered, and because he was a foreigner, and we are foreigners, that we should be accused; it is most likely that the man that is an evidence against us, killed the man.
- BANNISTER sworn.
I live at Bedfont. I saw the body just as it was taken out of the ditch; it was Sunday evening I think to the best of my recollection; it was a quarter after five; I have the remainder of the clothes that were left upon it; the shoes were lost, and the breeches or trowsers, or what it was, were lost, and the hat was lost; these are the clothes that were over the body that was murdered: (Produces the clothes all bloody.) These two combs were found on the body that was killed, and two-pence halfpenny and a buckle.
I live in Great Horsley-down: I know the three prisoners; they came to Horsley-down New-stairs to me, on Sunday, between nine and ten in the morning: the short man, Murrini, asked me to drink a pot of beer? and I told him I had no money, and he said he would pay for the pot of beer, as plain as I can speak to you now; they were all three in company; I took them to the lodging; they called for a pot of beer; they gave me a shilling to get them some meat; that short man shewed me his ship he said he was going in; I saw no more of them that night: but on Monday morning that short man came to me, and asked me to shew him a goldsmith's shop, to sell some gold; they were all three in company together; I took them to Tooley-street, to the man whose name I cannot tell; he weighed the piece, but he could not understand what the value of it was; and he gave me a bit of a direction to carry it to Mr. Smith, and he gave me six-pence for my trouble.
Interpreter. My lord, the prisoner Murrini says the man must be mistaken in point of the hour, because a little after they came to London, they met with a cobler who shewed them the way to Horsley-down; and before they reached there, it was past one.
Court to Sheen. Recollect yourself as well as you can, as to the time? - It was between nine and ten, as nigh as I can recollect.
I am a silversmith and salesman: on Monday (I think it was the 15th of March) in the forenoon, the last witness brought me a piece of foreign gold; it is a doubloon, seventeen penny-weights, nine grains; it is worth three pounds fifteen an ounce, which is three pounds five and a penny, the real worth of it; I gave him three pounds four shillings for it: Murrini was with him; it was one of those two little men; I think it is the man; I cannot be positive.
Prisoner Murrini. The old man kept three shillings; the other staid outside.
Mr. Knapp. You produce two doubloons? - I believe it was one of them.
You cannot positively take upon yourself to swear that either of these were those that he presented to you? - No, but I bought one of him; I am not sure to either of them.
I am a headborough; and I attend the public office in East Smithfield: I received information from Bow-street, on Monday, the 15th, from the magistrates; in consequence of which, I went down to the public houses kept by foreigners, and gave such information as I thought necessary; nothing transpired till the Thursday following; then I received information that three persons answering the description I had given, were seen to come to Union-stairs, Wapping, and that they were pursued; that two of them had made their escape, but the third was in custody of some people at Wapping: I went down in company with Mayne, another officer, and apprehended the middle prisoner, Apologie; he was the person I found in custody; before that I had apprehended Solari; and he on that day was gone to Bedfont to view the body.
Court. Do you know when Solari came to town of your knowledge? - No; he told us he came to town on the Monday before: I had given description of the three people; I had it in writing from the magistrates in Bow-street; and he being a foreigner, and had come from Gosport, the people I had spoke to, apprehended him: on searching the prisoner Apologie, we found on him a pair of trowsers that were very bloody.
Court. Were they making part of his dress? - Yes; they were what he then wore; we took them from him, and locked him up; secured him; and then went down the river in a boat, in search of the other two prisoners; we chased them on board several ships, and over from one ship to another, in the tiers as they lay; and they got away from us on the south side of the water, and got into a boat, and were rowed in that boat from that side of the water over to Union-stairs again, to the tier of ships; and they got on board a Spanish ship; we found them on board the ship, and seized hold of them; and after some resistance, we secured them, and handcuffed them; we got them into the boat, and then proceeded to search them; I searched the prisoner on the right hand, that is Phararo; and in his left hand waistcoat pocket, I found this purse; it appears to be a skin: (like a dirty leather purse); and this knife, which appeared then to have blood upon it very fresh: (a large clasp knife): I likewise found this paper in his pocket, which appears to be an account from the captain; and in his right hand waistcoat pocket, I found these two strings of beads (Roman catholic beads): I found nothing else upon him at that time; Mayne searched the other two when we came up to the King's Arms in East Smithfield, a house in which are lock-up rooms appropriated for the use of the office; we searched him again there, and found nothing more at that time upon him; I put some irons upon the two prisoners on the right hand, leaving Anthoni Murrini with a pair of hand-cuffs only, and then I took him (Murrini) to point out the house they lodged at: he took me to the sign of the Black Bull at the back of St. John's church, Southwark; and in a two pair of stairs room (the landlady said that the prisoner and two others lodged there; the prisoner was present; the prisoner took me to that room as his room) on searching the room, I found a quantity of wearing apparel; and when we came down into the tap-room, I desired he would inform me of the different articles, and the persons to which they belonged; some he claimed as his own; he picked out this pair of trowsers, having belonged to Phararo; I brought him over again to the King's Arms, and there I brought the prisoners into a room all together, and let them claim their property; and Phararo claimed these trowsers; my reason for that was, that these trowsers were very bloody.
Dawson. Nothing else appeared on the search; the witness, Solari, had not then arrived from Bedfont; but I charged them on suspicion. About half past nine, the same Friday night Solari returned from Bedfont.
Did you find two pair of buckles? - Yes; and I found this hat on the head of Murrini.
Mr. Silvester. Had the hat been described to you before you had found it on the head of Murrini? - It had; they were then committed.
Mr. Knapp. Mr. Dawson, you seem to have conducted yourself with a great deal of propriety in this business, and I dare say will do so: you asked Murrini where he lodged; he immediately conducted you to the place where he lodged? - Yes.
He was handcuffed; and he took you, and told you where to go to; and you found that to be his lodging, as he described? - He did so.
He did not make any resistance after you had asked him to go to the lodgings; but went with you and shewed you the lodging; where you found the things? - He did.
Court to Hudson. Had any of these people, and which, a bundle of clothes? - The man on the right hand side (Phararo) carried a bundle, wrapped up in a great coat, and he took it out under his arm.
Court to interpreter. Inform the prisoners of the account Mr. Dawson has given.
Prisoner Murrini. We were all three apprehended together, but if he swears that we attempted to run away, he swears false, for the moment we saw the boat coming along-side the vessel, we made no resistance.
I am an officer belonging to justice. I went with Dawson in pursuit of these men; after a chace of some time on the river, from one tier to another, we pursued them on board of a Spanish ship, laying off Union stairs, there we apprehended the prisoners, after some struggle; and round the neck of Murrini I found a relique (a Madona.) I took these trowsers from the middle prisoner, Apologie, which appeared to me to be bloody.
Court to Solari. Look at that hat? - This is the hat that the deceased wore; I went with him to the shop to buy it; the gentleman put a bill in the middle; I asked him for what? he said, we must not sell any hats without; I took the bill off; I said, I suppose it is of no service now? says he, you may throw it any where; it left a black mark; and I said, that black mark is as good as the bill.
Look at these brass buckles? - These are the buckles that he had on the whole voyage, and that he came on board in.
Look at these plated buckles? - I cannot say any thing to those buckles, because I was not with him when he bought them; but I am sure the other buckles are the buckles that he wore on board, and that he came on board in; when he set off he had a pair of new buckles on.
Look at that shirt? - I do not know it.
Look at this purse? - That is the purse that belonged to the deceased; I know it, because he always had a goe of tobacco in it; nobody else had such a purse; it is made of rams skin.
Look at that? - That is the relique the man had about his neck the whole voyage; and when I left him in company with these three he had it on; nobody else had one on board.
Do you know any thing of these beads? - No.
Are you sure that was the relique he used to wear? - Yes; I am sure of it; he said it would keep him from all danger some time in action.
Look at these trowsers? - These are the pair of trowsers that belonged to the middle prisoner, Apologie.
Mr. Knapp. Be kind enough to attend to me, and mind your answer: now the
The mark you have spoke to has been in the middle of the inside of the hat? - Yes.
There was a bill put in the inside? - Yes.
That bill is gone? - Yes.
So that the mark that the bill has made is the only one you have to swear to that hat by? - Yes.
You have no other way of swearing to the hat whatever? - No other way whatever.
Now with respect to the buckles; they are not the same buckles the deceased set off with? - No, Sir, he had a pair of new buckles.
These appear to be very common buckles? - Yes, Sir.
There are no marks about the buckles by which you know them? - No mark; there was nobody else on board had such buckles.
With respect to the purse; it is a common ram skin purse? - Yes.
There is no mark by which you know it? - No.
Any body having tobacco in such a purse would give it the same mark? - Yes.
With respect to the relique; you, perhaps, are the same religion as the deceased? - Yes; the Romish.
I believe that is a badge of the religion you all wear in general, when you can afford it? - Yes.
Court. You do not mean that each person of the same religion wears the same relique? - No; some are pricked on the arm, the same as I am.
Is not this a common sort of relique; that you have seen just such another many times? - I never saw any other like it.
These trowsers are common to all sailors; there is no particular mark upon them? - No.
You mean to say that the middle prisoner wore such sort of trowsers? - Yes.
Mr. Silvester. I have done.
Court. Ask the prisoners, one by one, what they have to say, and whether they have any witnesses to call; tell them they now stand for their lives, and the consequence will be, that death must follow the verdict of the jury, if it be against them.
The INTERPRETER delivered
The PRISONER PHARARO's DEFENCE.
They left the deceased at a bridge near London; the man on the left hand spoke to a man, desiring to conduct him to the water side, and they did not reach London till between eleven and twelve; the moment they arrived near the water side they got into a house, and afterwards went about to find a ship, and after they were on board a ship, that man and others came on board and seized them; the old man who was a witness here, the last but one, offered to find them a ship, saying that he knew a vessel that wanted sailors; after this conversation they went to church, and coming from church they pulled out a foreign piece of coin, which they desired might be sold; they gave it to the old man; they went to several places, and could not get this coin changed, but at last did change it the next morning; and after changing it the old man kept three shillings; and he flattered them every day that he should be able to get them a ship; he lived upon them; and when he found they had no more money he absconded; he says, he will now explain to you how he came by this hat, and things belonging to the deceased; they changed clothes.
PRISONER APOLOGIE's DEFENCE.
I have nothing to say more than the other.
PRISONER MURRINI's DEFENCE.
The deceased was a passenger on board the vessel; and the captain had promised to take him to Malaga; when the vessel was near Malaga, whether the captain
Court. Have you any witnesses to call? - No: in the same manner that they found part of the wearing apparel of the deceased upon us, they found on the deceased some of our wearing apparel.
Court. Gentlemen of the jury, you have paid a very anxious attention to all the enquiry that has been made in the course of this case: that period of the cause is now arrived, when it becomes my duty to call your attention to the evidence that has been given. And, gentlemen, undoubtedly you find yourselves in a very anxious situation; for it is impossible, as men carrying about you the feelings of human nature, that you should not: but your verdict is to pass on the lives of three of your fellow creatures: but besides the importance of the case to the parties, it also must be important on the side of public justice; for it is of the last importance to society, that those guilty enormities against the lives of society, should not go away unpunished for such crimes. It is necessary therefore, for Juries not to steel their minds against compassion, God forbid; every indulgence is to be made to the prisoners: but still you have a duty which you owe to your country, and that must be discharged with stedfastness, with firmness, and with fortitude, like men who feel they have such a public duty imposed on them,
Prisoner Murrini. The blood on our trowsers was in consequence of having killed two pigs the day before we came on shore.
GUILTY , Death .
Mr. Recorder immediately passed sentence on the above prisoners, to be executed on the Monday following , and afterwards to be dissected and anatomised; which sentence was executed accordingly.
Tried by the first Middlesex Jury before Lord KENYON.