Old Bailey Proceedings, 16th April 1790.
Reference Number: 17900416
Reference Number: f17900416-1

THE TRIAL OF Jacintho Phararo, Anthoni Murrini, and Stephen Apologie, FOR THE WILFUL MURDER OF JOSEPHI, a SARDINIAN, At BEDFONT, MIDDLESEX; WHO WERE TRIED AT JUSTICE HALL in the OLD BAILEY, On FRIDAY, APRIL 16th, 1790, And received Sentence of Death.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER IV. PART II. (Of the SESSIONS PAPER.)

LONDON:

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.

MDCCXC.

BEFORE the Right Honourable WILLIAM PICKETT, 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.

London Jury.

John Sellers .

John Wilson .

Daniel Dawson .

Gilbert Wilson .

John Knight .

James Johnson .

Francis Harvey .

Edward Coldbatch .

William Farr .

George Brand .

Samuel Osborn .

Henry Newton .

First Middlesex Jury.

John Erwood .

Robert Castle .

John Brown .

Joseph Coleman .

Isaac English .

Samuel Patrick .

William Wood .

John Warner .

Edmund Whitehead .

John Cock .

James Dickinson .

William Skelton .

Second Middlesex Jury.

William George .

Dutton Greenwood .

William Augustus Mitchell .

Kains Ford .

John Dell .

William May .

Thomas Hill .

William Matthews .

Francis Osliffe .

William Ramsden .

William Sedcole .

Laban Tilbrook .

Reference Number: t17900416-1

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.

FREDERICO SOLARI sworn.

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

give them to him at Gosport? - I was in a public-house; the three went with the deceased to buy a pair of buckles; if the deceased gave him the buckles, I did not see him.

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.

STEPHEN HUDSON sworn.

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.

JOHN LAMB sworn.

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

a black leather purse; but in particular I could not tell; he was the pay-master for all of them.

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.

WILLIAM HENLEY sworn.

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.

RICHARD FOOT sworn.

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.

Was he a corpulent man, or thin? - Middling, thickish breasted; very small legs and feet; very small hand, but pretty lusty across the breast, according to his size: I scratched the place with my foot, and saw a leg with a black stocking; and I came away to Bedfont as fast as I could.

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.

PATRICK SHEEN sworn.

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.

JOHN SMITH sworn.

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.

Have they been in any body's custody since? - They have.

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.

ROBERT DAWSON sworn.

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.

Prisoner Phararo. It is paint.

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.

PETER MAYNE sworn.

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

hat you spoke to as belonging to the deceased? - Yes.

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

thought he had a favourable wind or not, he told us he could not go to Malaga; and wanting hands on board the vessel, the captain told this passenger if he would take on himself the office of cook, the cook should act as sailor, and he would save his expences? the deceased answered him that he was not capable; then the deceased called me upon deck, and begged me to assist him, and he would recompence me when he came to England; and likewise intreated me to lend him a pair of small clothes, upon which I lent him a pair of small clothes; and the evidence Solari was present at the time I gave him the pair of breeches; during the voyage, I never drank my share of the wine, but the deceased and Solari drank my wine: we made our voyage safe into the port at Gosport; we landed together: when we landed, and were discharged from the ship, the captain did not pay us our due: we lived on credit from the Sunday to the Monday, when the captain paid our wages: the deceased had no money as well as us, for we all four together, from the Saturday to the Monday, we lived and lodged at a public house on credit: the captain gave the deceased three doubloons and a half; the deceased out of this purchased a coat, a pair of shoes, and two pair of stockings, out of that money; and we remained in Gosport three or four days: on our leaving Gosport, the landlord told us it would be better to leave our clothes and things, and to send them by the waggon; and before we departed, we changed our clothes again; and we consigned to the waggoner, whoever he was, two sacks, and two bags, for which the waggoner gave a receipt; and afterwards the landlord said I may as well make one bill, one sack belonging to Solari, and two sacks belonging to you: this man said he would sew this receipt of the waggoner's into some part of his coat; and they all four set out together; and on the road he found he had forgot the paper; and he said, go on my lads, I have forgot the receipt of the waggoner's, and I will go back and fetch it; we waited a little distance from Gosport, and saw him coming; then we pursued our journey, thinking he was behind: Solari overtook us, and said, I am informed it will be better for us to go to London in the stage, which will cost twelve shillings each? upon which I said, we have very little money, and the twelve shillings I shall want, I will walk; upon which the deceased said, if you want to ride, I have money, I will pay for you all three; afterwards the deceased said, we may as well walk, we will see the country, and we will see several villages; and here is a doubloon which will serve to pay our expences to London; but at that time the deceased did not give it us: having thus agreed, we parted with Solari, and pursued our journey; and I took Solari's hat by mistake: we slept that night five miles beyond Gosport, or thereabouts. I now come to speak of the relique: he had promised me on board, that he would give me a part, or some remnant of this relique; but after having walked eight or nine miles on the road, the deceased said, Antonio, I will make you a present of this relique: we proceeded on our journey; he paid our share; and the deceased said, as I have promised you this doubloon, you shall have it: and at last we arrived to this fatal spot about twelve o'clock; and being wearied and tired, and having a sore foot, I desired to stop there to refresh, which we all did: the moment we arrived, we had a pot of beer, and asked the landlord where we could get ourselves shaved? upon which the landlord's son conducted us to a little barber's shop: the deceased with the two other prisoners, were shaved; and the man seemed unwilling to shave him for the money: and the deceased said oh, get yourself shaved, I will pay for it; we then returned, and desired the landlord to provide something for supper; for one paid one day, and one another: at night, while we were at supper, we entered into conversation about a hat, as saying that the hat that the man had bought, was too narrow in the crown; he asked us to change it, accordingly we changed hats; that night we slept together:we desired the landlord of the house to call us early in the morning, at four o'clock; and we went out thinking it was five; we got up, and found it was four; after we were dressed, and ready to depart, the landlord gave us two great coats that we had; and we had a glass of Geneva, for which we paid fifteen-pence: after we left the house, we continued in company together till we came to the bridge; and when we came to the bridge, the deceased told us, I find the other man has turned back to go to Gosport, I have a good mind to do the same; I will turn back too: on the bridge, we did not walk altogether, but at a distance from each other: but I do not know which way he took; but he said to me, good bye, I have taken it into my head I will give you a guinea a piece; and to Apologie for some services he has done, I will give a guinea; and he gave us his purse, and parted: we proceeded towards London, after parting with the man; and at a small village near London, we looked at the clock, and it was then eleven o'clock. We frequently asked when we found ourselves near London (as well as we could make ourselves understood) our way to the shipping: but at last I said, let us at once take somebody to conduct us where we want to go; and a man shewed us to a poor cobler, who promised to conduct us; and when we came a little off this side of the bridge, we leaned for about half an hour on the foot of the bridge, without knowing which way to take; and I said I wish I could find out where some of the ambassadors live, we might go to them to ask for a passage; thus we went towards the bridge: after we had walked over the bridge, we were going on a very long street, where we met the old man; he came up to us, and said, my lads, I suppose you are sailors? we said, yes: he said, do you want a birth? we said yes; says he, looking at the waterside, and shewed us a vessel; and told us, if you want to go on board a vessel, I will speak to the captain to-morrow morning; then we thought we would not go to the ambassadors; and we asked the man to get us something to eat and drink, after finding ourselves hungry; and we told him as we had no more money, we wished to have that piece of gold coin disposed of; the landlord told us he did not know the coin, and could not change it; and the same day we went to church to make our devotions; and the landlord offered to lend us a guinea on the coin till the next morning: Apologie made objection; says he, to-morrow you will go, and I want a part; either sell it, or have no money at all: the next morning we applied about the vessel; and the man told us he had not spoke to the captain as yet; and every day he put us off from morning to night, from morning to night: afterwards he went with us to a silver-smith's shop, and changed that piece of coin.

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,

which the country expects, and has a right to expect, they should discharge. Gentlemen, it is not necessary in order to bring home the criminality in this or any such case, that there should be eye-witnesses of the fact of the commission of the crime: circumstances, pregnant circumstances combined together, may make out a case to every man's satisfaction; and sometimes various circumstances brought together from a variety of witnesses, and all meeting together in one centre, may make it out more satisfactorily, than the evidence of one witness, fallible as all mankind are, stating the facts that he saw: therefore, with these observations, I will state the material parts of the evidence, and you will judge as well as you can; if you can find there is any discrimination in the case of the different prisoners, you will apply only to that man, that which belongs to him in the testimony given; and not blend together, and confound in one common mass of iniquity (supposing iniquity belongs to the prisoners) other particulars than those which the witness applies to his evidence. The first witness is Solari: (here the learned judge summed up the evidence, and then added) This is the evidence against the prisoners, in support of the prosecution; and against this evidence, there is no evidence produced on the behalf of the prisoners: they being called upon to make their defence, have satisfied themselves by delivering that which you have heard repeated by the interpreter; and they rest on the supposed difficulty of proof on the side of the prosecution: suggesting this, that the murder committed, may have been committed by the first witness, the other Genoese sailor, namely Solari. Now, gentlemen, with respect to that, certainly there is no evidence of it, nor any circumstance to induce the least suspicion in the world, that he had any thing to do with it: now, upon the review of this evidence, there are some things which are most perfectly clear, and which are not, nor can be controverted; namely, that this man has lost his life, that he lost his life by the hand of violence; for it is not here possibly to be presumed, no force of imagination can be equal to the presumption, that this man should put himself to death: the act of violence was committed, by the blood which appeared in the highway, at a considerable distance from where the dead corps was afterwards found deposited; and the appearance of the field over which it was dragged, leaves no doubt but that by the act of man, that body had been removed; therefore you have here what is called the corpus criminis; the existence of the crime is beyond all doubt: but that being proved ever so clearly, it does not follow as as a necessary consequence, that that crime is to be imputed to any particular individual, or to any body of men; that one is to learn from the circumstances. Now, as to the time upon which it was committed; it certainly was on the Sunday; it was on that day, when this unhappy man had in company of these three men, about five in the morning, left the public house at Staines; they then left it apparently, as the landlord tells you, going to proceed on their journey to London: about six that morning, these three men are found about four miles from Staines, the fourth man not making part of the company; and the place, about three hundred yards further, advanced on the road to London. Gentlemen, that is the important crisis of time in this cause: what became of that man who had set out with them, and whose body was found dead near that place that morning, not above three hundred yards from the place, at the time they were met by the other witness, is undoubtedly, to say no more of it an important circumstance: the weight which belongs to it, it is for you in your judgments to give to it: you will draw from it, that fair, necessary result, which your minds must be impelled to one way or the other, to draw; for if they are not impelled to draw conviction unfavourable to the prisoners, you will not conjecture merely; for it is not necessary that the hand only which gave the blow, should be considered as the murderer; because, if more people are concerned, aiding,abetting, and comforting; they all of them contribute to fortifying the mind of the man who gives the blow; all of them are included in the same degree of guilt; all of them in the eye of the law, and of common sense and morality too, all of them are undoubtedly murderers. Gentlemen, if you could in this case discriminate one of the prisoners at the bar, from the other, one would be glad to do it, because it is on the merciful side. There are other circumstances which it is for you to judge: it is for me only to present them to your judgment, that may affect either of the prisoners; for on each of them, you will recollect, some part of the property which appears to have belonged to the deceased, and some part of that property so marked, as to induce at least suspicion of guilt, was in the custody of the prisoners; the bloody trowsers on one, the hat on another, the relique on another; this I think is the whole of the case: with you, gentlemen, are the issues of life and death, with respect to these three men. I only recall to your recollection, that though the situation you are placed in, is undoubtedly an anxious one, and distressing to feeling minds; yet it is a situation, in which by the constitution of the country you are placed: you have a great debt of humanity and justice to discharge, both with respect to the prisoners, and with respect to your country: no society can exist, no man is safe, if those who are plainly guilty elude the pursuit of punishment: you are not to thirst after blood, and to follow a man to his death, on slight suspicions, nor otherwise than on strong and pregnant circumstances; and if in your opinion, on those circumstances, though there were no witnesses present, yet if there are strong and pregnant circumstances which leave no doubt on your minds, to whom to impute this murder (which undoubtedly was committed by somebody) then you will discharge your duty by saying they are guilty: but if after deliberating on the whole of the case, you are not satisfied, then you will be glad to find the prisoners not guilty.

Prisoner Murrini. The blood on our trowsers was in consequence of having killed two pigs the day before we came on shore.

JACINTHO PHARARO, ANTHONI MURRINI, STEPHEN APOLOGIE ,

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.


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