Offence: Killing > manslaughter
Verdict: Guilty > with recommendation
Punishment: Imprisonment > penal servitude
MR. SERJEANT BALLANTINE, with MESSRS. F. H. LEWIS and OPPENHEIM, conducted the Prosecution, and MR. MONTAGUE WILLIAMS, at the request of the Court, defended the prisoner.
ELIZA HANNAH SHAW . I am the wife of Frederick Shaw, of the Golden Anchor, Saffron-hill—I recollect the evening of 26th December last, and the fatal occurrence of that evening—I recollect my husband being struck that evening—it was, I should think, as near as I can recollect, between 6 and 7 o'clock—he was struck by Gregorio, the prisoner—Michael Harrington wag not near at the time my husband was struck; I saw him it may be about ten minutes or a quarter of an hour after—I saw Harrington and Gregorio together, by the door leading from the bar into the taproom—Harrington was in the act of going into the taproom, and when he got to the taproom-door, Gregorio took hold of him, and he raised his hand as if to strike him—he was in the act of striking him, and by some means or other Harrington was got away from him, and he (Harrington) went into the bagatelle-room—I saw no more of Gregorio; I believe he was in the taproom still; I saw no more then—I saw nothing of the stabbing that evening; I heard of it—as far as I know three persons complained of being stabbed; I have heard of no more; Harrington, Rebbeck, and Bannister—I saw Harrington carried through the bar—I can't exactly tell how soon after that I saw Gregorio again; it may have been a quarter of an hour or twenty minutes, I cannot tell—he came to the bar, and asked for his hat; his brother was with him; I knew the brother by the name of John—I saw blood on John's neck at that time—he was also without a cap—upon the prisoner asking for his hat, I opened the bagatelle-room-door, and asked if there were any hats there; Gregorio told me his cap was in the bagatelle-room—some one gave me two hats from the room, and I threw them over the bar to Gregorio and his brother—they took them, and went away.
Cross-examined. Q. Were you examined at the trial of Polioni? A. I was not examined; I was here, but I was not called—my husband is here to-day, and Mrs. King is here—I do not know Richard Mellership by name—I know a man named Liddle; I have not seen him here to-day—I know William King; I have not seen him here to-day—I saw Harrington taken out of the house as I was in the bar.
Q. How long before you saw Harrington taken out of your house was it that you say you saw Gregorio and Harrington contesting the one with the other in the bar or taproom? A. It was done all like one under the other; it could not have been twenty minutes from the beginning to the end—I had seen Polioni there previously; I did not see him when Harrington was taken out; he was taken into custody before Harrington was taken out—I saw him taken into custody—I did not see Gregorio there at the time Polioni was taken into custody—I did not see him taken; I saw him brought through the bar—I saw nothing in the bagatelle-room whatever—I saw nothing of what happened there.
GIOVANNI MOGNI (interpreted). I am a brother of the prisoner—I have been in this country ten years—I am a frame-maker; we are both looking—glass frame-makers—I know the Golden Anchor in Saffron-hill—I was there on 26th December, from 6 o'clock till about half-past—I saw my brother there; he had some dispute with the landlord—I was in the bagatelle-room that was after the dispute with the landlord—my brother and a person named Marazzi were in the bagatelle-room besides myself.
COURT. Q. Were you, your brother, and Marazzi together at the same time in the bagatelle-room? A. No; first I saw Marazzi come into the bagatelle-room, after I was in—they were beating me.
MR. SERJEANT BALLANTINE. Q. Were there any English in the room? A. About sixteen or eighteen Englishmen were in the room.
Q. Who went into the room first of you three? A. Me, Marazzi, after-wards, and my brother after that—I could not count how many English there were there, but I believe form about sixteen to eighteen, according to my guess—a disturbance took place—I went first to the door of the bagatelle-room, the door opened, and they began to hit me with sticks.
COURT. Q. Do you mean that you went first to the door leading into the bagatelle-room? A. I went first to the door to keep it shut; I was outside the door at first.
MR. SERJEANT BALANTINE. Q. Did they begin striking at you before Marazzi had entered? A. Yes; they struck me before Marazzi entered—being outside and pressing against the door, I got in—directly I got into the room I received a blow on my head—I received more blows than one; blows and kicks—my face was all covered with blood; I have got a scar on my head now—I saw my brother pull out a knife, and rush up to me and begin to stab right and left—I said to him, "Brother, they kill me! 'they were beating me and I saw my brother use the knife—he used it in this way, as he could.
Q. Did you see whether he took the knife out, or whether he had it in his baud? A. I saw him put his hand in his pocket and pull out the knife—I know Harrington; he was always in the house.
Q. Did you see anything happen to Harrington? A. Harrington was standing there in the row, but I really cannot say who they were that received the blows—I know my brother's knife—this is it (produced)—I went outside by the door of the parlour—that is a different door from the one I entered; it goes into the bar, and from there you can go into the dancing-room—I left my brother behind in the bagatelle-room.
Q. Did you see Polioni there? A. I did not see him; he was not in the bagatelle-room—I left my brother and Harrington behind me in the bagatelle-room—I did not go back at all—up to the time I left, Polioni was not in the bagatelle-room—I had a hat on when I went into the room, and so had my brother—they were left in the bagatelle-room—I got mine back again about ten minutes after—I saw my brother take his hat at the same time—I saw him after that, close by the house where we used to live; at Mr. Angelinetta's, in St. John-street—that was about half-past 7 or 8—I did not know that my brother was going to leave London that night—I saw him about 8 o'clock in the morning at Mr. Manzoni's, and told him that he had used the knife—I said nothing else—I heard that he was going into the country; he did not tell me so—I afterwards received the wages that were due to him, 3l. 17s.; that was on the Thursday—I was not examined at the last trial.
Cross-examined. Q. Have you known Polioni or (Pelizzioni) for some time? A. Yes; I heard that he was charged with this murder—I did not come here at his trial—I know Rebbeck—I saw him at the bar before the disturbance began—I did not say anything to him—I did not tell him to get back, that the Italians were coming—I am at present in the employment of Mr. Gatti, the gentleman who is interpreting—I have been in his employment two weeks—at the time Harrington was stabbed I was in the employment of Mr. Angelinetta—I left him on the Friday in the week the row took place—I left London after that—I returned a fortnight last Monday—nobody fetched me back to London—I was not called when my brother was charged before the Police-Magistrate.
MR. SERJEANT BALLANTINE. Q. What is Mr. Gatti? A. A barometer and looking-glass manufacturer.
MR. WILLIAMS. Q. What was the nature of the weapons with which you were struck; what sort of sticks? A. Round sticks, as thick as that (describing it with, his hands), and about this length (about half a yard).
PIETRO MARAZZI (interpreted). I am a looking-glass silverer, and reside in Fleur-de-lis-court—I work in Bleeding Heart-yard—I was at the Golden Anchor on the 26th December; I went there between 4 and 5 o'clock—I saw Gregorio there—I did not take any notice about the time that I first saw him there; it was after I was in a little while—I recollect the landlord being struck; that was about between 6 and 7 o'clock—it was Gregorio who struck him; be took him by his chest and gave him a slap in the face—I saw the landlord after that go round the bar to go into the bagatelle-room—I saw Gregorio go into the bagatelle-room—I myself went into the bagatelle-room—I saw John Mogni, the prisoner's brother, go in—after I saw Gregorio attacking the landlord, and he went round to go in by the bagatelle-room door, Gregorio made up to the door of the bagatelle-room, and he and I got in first—when I went in the prisoner's brother was already in.
Q. Can you give any notion how many English were in the bagatelle-room when you got in? A. Altogether there might have been about twenty; three Italians, and all the rest English—I did not see any knife in the prisoner's hand when he went into the bagatelle-room—his brother was near the bagatelle-board when I went in; they were beating him with sticks—after Gregorio had been in the room two seconds I saw him with the knife in his hand—I said to him, "Gregorio, for God's sake put away that knife!'—he said, "Let me do, otherwise we will not go out of this room alive"—I saw he had the knife in his hand like this (describing), but I did not see him use it—after that some one took me by my collar at the back and pulled me out.
Q. At the time you were pulled out of the room, did you see Polioni in the bagatelle-room? A. No.
COURT. Q. Did you see him at all in the bagatelle-room? A. No.
MR. LEWIS. Q. Did you that same evening meet the prisoner in Cross-street? A. Yes; that was from a quarter to about half an hour after I had seen him with the knife in the bagatelle-room—he drew his arm round my neck and said, "My dear Marazzi, what have I done?'—I said, "You used the knife, eh?'—he said, "Yes; I stabbed three or four"—he also said, "Good-bye, I am going home; good night."
Cross-examined. Q. Are you an intimate acquaintance of Polioni's? A. Yes; I know him as a friend to speak when we meet—Rebbeck is here today, and I saw Mr. Shaw, the landlord, outside—I do not know a man by the name of Mellership—I might know him if I was to see him, but I don't know him by name—I am quite sure when I went into the bagatelle-room, that there were two other Italians in the room besides me—I did not see Gregorio's brother go out of the bagatelle-room—I think the sticks they were using were about that length (about three-quarters of a yard), but directly I got in at the door, they began to beat down upon me—when I entered the room Gregorio's brother was in this position, stooping—he was all bleeding all covered in blood; his face was covered with blood, the blood the coming rolling, streaming down his face—I would not be sure how many men were armed with sticks, but there were twelve or thirteen that had the sticks.
GIOVANNI MANZONI (or Marizzioni). I live at 1, Frances-court, Bickley-street, Clerkenwell, and am a looking-glass frame-maker—I know the prisoner very well—I saw him on the night of the 26th December—he came to
my place about a quarter to 10 o'clock at night—he asked me whether I would allow him to sleep on the shavings—I said, "Very well, 'and showed him the place—I asked him whether he had left his master—he said, "No; worse than that"—I said, 'What have you been up to?"—he said, "We were all at the Anchor, we Italians, and we had a fight with the English; they opened the door to come out with their sticks from the bagatelle-room, and they gave me a crack on the head, and I put my head down and rushed in, and they kept on knocking me about in an unmerciful manner; they were all knocking me about in an unmerciful manner, that I pulled out the knife and I stabbed three or four, and if I had not done it I should have never come out of the room alive, I should not have been here to tell you"—I said, "Do you know you will have to suffer for this?"—he said, "Well, I could not help it; if I had not done so, I should not have come out, repeating the same words again—I asked him what had been the origin of the disturbance, and he said, "I had a few words with the landlord, and I struck him in the face, and he went away, and I heard no more for a while; then they rushed out with the sticks"—he slept on the shavings that night; I left him there—I did not see him again till I saw him in custody.
Cross-examined. Q. When did you first make the statement that you have made to-day? A. I made the statement to Mr. Gatti, I believe, about 11 o'clock in the day that Seraphini was committed for trial—I was called as a witness on his trial.
MR. SERJEANT BALLANTINE. Q. And I may take it that any statement made to you by Gregorio would not be evidence on the trial of another person? A. No, I was not allowed to give my evidence; I was stopped.
ROCIO ANGELINETTA . I am a looking-glass manufacturer—the prisoner was in my service on the 26th December—I had not given him any notice to quit, nor had he given me notice—3l. 17s. was due to him at that time for wages—he ought to have come back on the 27th—he boarded and lodged at my house—I have not seen him since, only once, until I saw him at the Clerkenwell police-court—in the ordinary course of things I expected him to return to sleep at my house on the evening of the 27th December.
Cross-examined. Q. How long have you known the prisoner? A. Some five or six years altogether—he bore a good character—I never heard of any-thing against him—he was in my place for eleven months and ten days; during that time he conducted himself with propriety.
DOMINICO CETTI (interpreted) I reside at 40, Hatton-garden—I am a frame-maker—on the 26th December last I was at Bordessa's public-house, the Three Tuns, in Cross-street—that is about two and a half or three minutes walk from the Golden Anchor—I was there from three o'clock till after seven—I recollect the prisoner coming there about seven o'clock—he called me into the passage and said, "Be so kind to hold this knife"—he had a knife in his hand, and he told me to be so kind to keep it—I asked him what he had done—he said, "I have been in a row at the Anchor, and I am afraid that they will find the knife on me"—I took the knife from him and threw it in the yard, in a urinal—it was about the same shape as this (looking at the knife produced), but I did not look at it properly.
THOMAS COWLAND . I am potman at Bordessa's—I recollect finding this knife on 27th December in the yard, covered with urine—I picked it up, opened it and put it in my pocket—I afterwards saw it in the possession of Inspector Potter—there was something on it; I could not say whether it was rust or blood.
JURY to DOMINICO CETTI. Q. In what state was the knife when it was
given to you? A. I did not take any notice; it was shut—I did not take any notice whether there were marks of blood on it—I did not see any blood.
CHARLES DURRANT PEERLESS . I am a surgeon—I attended the deceased man Harrington—he had a stab in the abdomen, the knife penetrating through a portion of the intestines—the injury of which he died was an injury indicted by one blow—an instrument of this kind might have inflicted the wound.
Cross-examined. Q. Will you look at that knife (handing one to the witness) have you seen that before? A. I believe I have I cannot, without testing it tell what blood it is on the knife; I believe it to be blood, but I could not now say that it was—the point of the knife is broken off—if it had a sharp point and was in a perfect state, such a knife as that might have inflicted such a wound as Harrington suffered from.
MR. SERJEANT BALLANTINE. Q. This knife I perceive is blunt at the back and sharp in front; the first knife you saw is shaped somewhat differently is it not? A. Yes—in my judgment that would be the more likely instrument to have produced the wound, but either might have done it; that is on the assumption that this knife had a point to it; otherwise it could not have produced it.
GIOVANNI SCHIENA (interpreted). I used to live at Birmingham—I know the prisoner—I saw him at Birmingham—he told me why he came there—he said "I left London because I am in disgrace, trouble"—he said he was in the row that happened, and that it was him who killed the man who died—he said that he wanted to have his clothes sent to him—in consequence of that I wrote something—this is what I wrote (looking at a paper) I sent it to Pietro Cettoni.
Cross-examined. Q. Have you ever stated before what you have stated to-day? A. No; I have not said anything to anyone only what I have said to-day—I came to London because I had no work at Birmingham—Mr. Negretti asked me to come here to-day-last Saturday was the first time he asked me.
Q. Tell us the exact words Gregorio used when he told you he had been in the row? A. I met Gregorio in the street for the first time; I asked him how he was—he said "Very well"—I said, "Will you come and have a glass"—he said, "Yes"—I went into a public-house with him, and I asked him why he left London—he said, "I am in trouble"—at the same time he asked me if I could get him a lodging—I said, "Yes, I have a room by myself where I am lodging"—he said, "I am pleased to come with you, to bear you company, 'and when we were in the room he told me what had happened—he said, "I have been in a row, and I stabbed several and one is dead and I do not know about the others, if they are well or not"—I know Polioni—I did not communicate with the police at Birmingham after that statement was made to me—I did not say a word about it till last saturday.
MR. SERJEANT BALLANTINE. Q. Did you write about it to anybody? A. Yes; to Pietro Cettoni—this is a piece of my own letter written to Cettoni.
SERAPHINI POLIONI . (interpreted). I am now in Newgate under sentence of death—I understand English a little—I have been in this country about ten or eleven years—I know the Golden Anchor public-house on Saffron-hill—I was there on the right of the 26th December—I was not there when the row began; I was at the public-house that we call Bordessa's; I was talking
there with some Italians, and one of the Italians came and said there was a row down at the Anchor along with the English and Italians; and then he said "Your two cousins are there along with the row 'then I went down; I thought to myself to go and make it quiet, and see my two cousins and take them away; directly I went in the taproom I heard a woman scream; she was the landlady of the public-house—when she saw me she called my name 'Seraphini"—she said, "My God, don't let them make no row"—I said, "No Eliza, tell your husband to keep the English people on one aide, I shall try to take the Italians the other way"—she said to me in Italian, "Yes"—I left her, there in the taproom, in a small corner, going through the bar, and I went in the bagatelle-room where I thought the row was; directly I opened the door of the bagatelle-room, just enough to come in, I had a knock on my head and it knocked me down right on the floor.
COURT. Q. You opened the door part of the way you say? A. Just halfway to get in; and I had a knock on my head which knocked me down.
MR. SERJEANT BALLANTINE. Q. Describe what occurred in your own words? A. When half of my body was inside and half outside the door, they caught hold of my arm and dragged hold of my coat underneath, and dragged me inside the bagatelle-room.
COURT. Q. Who dragged you in? A. I don't know, there was so many people—they took me all inside of the bagatelle-room, and then they shut the door—I don't know who shut the door; there was so many people I could not see.
MR. SERJEANT BALLANTINE. Q. What happened then? A. Then I was kept down there till the policeman came—I was knocked by the sticks on my head—when the policeman came, somebody said, "I give you in charge of this man,"—I said, "Who gives me in charge?"—there was a woman there and she said, "I will give you in charge because you gave me a knock in my mouth and knocked me down by your fist."
Q. Was there any person lying there besides yourself when you were given in custody? A. There was so many I could see nothing, only a lot of sticks at my head—I saw a man across the room, but I don't know who it was; his legs were close to the door; he was lying down on the ground—I had no knife in my possession at that time—a small knife was taken from me with a white handle; that was taken from me at the police-court, from my right trousers pocket—this is not it (looking at the broken knife.)
Cross-examined. Q. Do you know a police-constable by the name of Baldock? A. No; (Baldock was called in) I know that man by the look, I don't know his name—when I was taken to the station-house I don't know whether I was charged with stabbing a man named Rebbeck—the woman said she gave me in charge for knocking her down with my fist—I don't know whether I was charged with stabbing Rebbeck; I can't say; I know he said something to me that night, but I could not hear anything because my head pained me so much—I know he read a paper to me, but I could not understand—the constable asked me if I understood English—I said a little—he examined my hands—he asked me "Where does that come from, that was the blood I had on my hands—I did not say to him, "I only protected myself"—I said I had the blood from my head; I said I put my hands up to feel my head"—I don't know whether I said, 'I only protected myself, 'I don't think I did, because I don't know what those words mean—I said to the policeman, "I put my hands on my head because my head was cut and bleeding; 'I put my hand up to my head all the time.
PIETRO GUGIANA (interpreted). I am a frame-maker, living at 15, Eyre-street-hill—I was at the Golden Anchor on 26th December last—I know Seraphini Pelizzioni (Polioni)—I also know the prisoner—I was present when a row was going on at the Golden Anchor—I saw the prisoner there—I did not see Polioni there—I went for Polioni to the public-house kept by Mr. Bordessa, and he came back with me—I did not see what occurred there, because I did not go in afterwards.
HENRY NEGRBTTI . I am in partnership with Mr. Zambra, as opticians and merchants, in Hatton-garden—I have been in this country thirty-five years—I am by birth an Italian—I heard of this unhappy affair at Saffron-hill—the paper that has been produced was given to me by Mr. Gatti, who received it from a man of the name of Cettoni—owing to receiving that paper, I went down to Birmingham—I got it about twenty minutes before the express train started for Birmingham, about twenty minutes to 10 in the morning—I can't exactly say the day; it was five or six days after the trial of Polioni—I started at once by the express train—I found Gregorio at Birmingham, in a carpenter's workshop—the very first thing I did on seeing him was merely this (putting up his finger)—I went thus, and said, "You rascal; is it possible that you could not go in a fight without using a knife?'—he seemed rather staggered at seeing me—he said in a little while, probably in three or four seconds, 'Mr. Negrettti, you would have done the same if you had been in my place"—I then said, 'Do you know that your cousin is going to be hung?"—he said, incredulously, "No!"—I said, "Yes, he is"—he then said, 'Is there no means to save him!"—I said, "Only by giving yourself up to justice"—he reflected a little, and seemed confused; and then he said, 'Mr. Negretti, I am ready"—he took his coat off a peg in the work-shop and his hat, put them on, and said, "Come along"—in coming down the stairs he was crying, and he said, 'My cousin shan't be hung for me—I took him at once to the railway—he wanted to go to his lodging to get some money that he had got; but I said, 'Never mind the money; 'I wanted to catch the train to bring him up—during the journey, I asked him to give me a description of everything, telling him that I wanted the truth and nothing else—he told me that on the evening of St. Stephen's-day he had been drinking a good deal of rum; the Italians were all treating each other, till he was rather the worse for liquor; that he went to the bar in conesquence of hearing something the landlord said, and slapped the landlord's face; presently the landlord shook hands, and he thought it was all over; after a while, he saw the bagatelle-room door open, and many English, with sticks and a poker, wore inviting or shouting to the Italians in the taproom to come on or come in; that he and several of his friends rushed in with their heads down, with a view of upseting them; that they got into the bagatelle-room, and fought their way nearly up to the chimney, with their fists and kicking; but the English were all armed with short sticks, and they were beating his brother John very much, his face and head being covered with blood, that he hardly knew him; that he went to his brother's assistance, and cleared them all off with this knife that he had pulled out of his pocket—I was very particular in asking him several times, "Now, Gregorio, don't deceive me; tell me where the fight took place;'and he said "In the bagatelle-room, and nowhere else"—Cettoni, who delivered up the letter to Mr. Gatti, was in the compartment of the train with me, and I told him to go to the other end of the compartment; and I asked the prisoner, in a confidential tone, leaning over towards him, "Now tell me one thing, where was your cousin Polioni all the time" and he unhesitatingly said he was
not there; he did not see him—he asked me the moment we got near London to be kind enough to go at once to Newgate to tell hit cousin that be bad come to deliver himself up—that was all that took place of any importance—I have been active since that time in supporting my view of the case, and am at present affording the means of conducting this prosecution.
Cross-examined. Q. Had the prisoner passports upon him? A. I asked him what induced him to go to Birmingham—he said, "The fact is, I asked so-and-so, naming a party, to lend me some money; he lent me 6l., and 3l. 17s. that my brother got from Angelinetta I had in my pocket, likewise; I obtained a passport from one of my countrymen and I might have run away"—I am sorry I forgot this, because it is a trait in the man's character—he said, "Well, to tell you the truth, the passport I tore up, for fear of being tempted to run away."
MR. SERJEANT BALLANTINE. Q. What is the name of the gentleman who gave him the passport? A. I believe he told me it was Mr. Bordessa, but I would not be sure—I have mentioned that before, but I think not in Court.
MR. WILLIAMS called the following Witnesses for the Defence:—
ALFRED REBBECK . I am potman at the Golden Anchor public-house—on 26th December, I was engaged in serving in the bagatelle-room—I remember going to the bar for a pipe—the entrance into the bar is at the end of the bagatelle-room, and there is a door which leads from the taproom to the side of the bagatelle-room—I did not pass through the taproom before I went for the pipe—I saw the prisoner in the taproom before I went for the pipe—I did not see Polioni before be came and stabbed me.
Q. Was there an uproar going on between the Italians and the English in the taproom? A. They were going on talking very loud; I don't know what it meant—I was not aware that Mr. Shaw, my master, had been struck; I heard it since—I was met in the taproom by a man we called 'John, 'I don't know his other name, and told to go back—I have since heard that he is a brother of the prisoner's—that is the man (looking at him)—he told me to go back, or else I should catch it as well as the others—I then went into the bagatelle-room—there were a good many English people there, I dare say twelve or fourteen; there might be more, or less—there were no Italians in the bagatelle-room then—after I told them there was going to be a row, I went out into the yard, after I was told to—I got out at the window—they told me to go out and get some sticks—I went into the yard and got some—there were some blind-rollers, a broom-handle, and a copper-stick; that is a round stick—I came back again into the bagatelle-room after handing the sticks up through a cupboard—it is a cupboard I: suppose that has been used to hand dinners through, I suppose the place has been something of an hotel—it is a: hole big enough for me to get through—when I came back into the bagatelle-room I was asked for a pipe, I went for it and came back with it, and then I saw an Italian enter the room—it was Seraphini—I don't know his other name—I never knew his other name until this case—it is not true that before Polioni entered the room the prisoner's brother entered; I swear he did not—it is not true that the prisoner entered the room before Polioni—the first thing I saw when I was coming in with the pipe was Mrs. King knocked down; I did not see by whom—I then ran to the door to keep the Italians out, and told them I wanted no row—at that time, there was a lot of Italians outside the door in the passage.; Seraphini was first, and another man by the side of him—I
saw Michael Harrington there—he asked me to lend him 2d. for a pot of beer, and I did so.
Q. When you say you saw Polioni enter the room first, did you see him do anything? A. I saw him, and I felt him—it was his knife, I am sorry to say—I saw him stab me in my right side, through the waistcoat that I have on now—I did not see him do anything to Harrington.
Q. At that time, was the prisoner in the room? A. No, I did not see him there;. I did not see him at all—I have known Polioni for the last four or five years, if not longer—he ran at me twice;. he stabbed me first, and then he ran again, but he missed me the second time—I afterwards saw him a-top of Harrington—I saw Harrington's body on the floor and Seraphim a-top of Harrington—I am quite sure that at the time Polioni entered the room there were no other Italians there;. I will swear that there was not.
Cross-examined by MR. SERJEANT BALLANTINE. Q. How long have you been pot-boy at this house? A. I have lived there only about eighteen months;. but I was born in the house;. my father kept it for twenty-two years—I don't know what the hole in the bagatelle-room had been used for, but I suppose it was to hand dinners up—it led out to the top of the kitchen-stairs, and then down into the kitchen—you can't get out from the kitchen unless you get through a piece of paneling into the next house—I handed up the sticks through this hole, because we heard there was going to be a row with the Italians with their knives—I told the English of it—I did not arm them—I said there was going to be a row, and they said, what were they to do if the Italians came in with their knives—when they asked me for the sticks, I gave them to them—there was no poker—there were blind-rollers, a copper-stick, and a broom-handle;. one broom-handle—there was but one copper-stick—that is what they stir up the copper with on washing-days—it is a thing about two feet long—I don't know the thickness, I never measured it;. it might be about the same thickness as the broom-handle—it did not occur to me that it would have been better to have gone for the police;. by that time there might have been more happen—there is dancing going on in the taproom—that is where they dance, girls and men—this happened on Boxing-night—there had been a good many persons there all that evening;. the Italians in one room and the English in the other, playing bagatelle—I don't know who it was struck Mrs. King, I daren't say—I can't say whether it was the prisoner;. I can't say whether it was or not—I don't know whether it was Polioni—I am not sure who it was—this is my deposition (looking at it).
Q. I will read you what you said there: "I saw one of the party knock Mrs. King down; it was not Seraphini that did that?' A. So I say now, as I said before, I don't believe it was Seraphini;. I say so now—I am not sure whether it was or not—I did at first say it was not, when I was brought out of the hospital;. I believe I did say so;. I don't know—they told me so—I don't know whether it was so or not—when I was up here before Mr. Ribton said I did—he asked me the same question—I say now, I don't know whether it was Seraphini or not;. I don't know who it was—at the time I was stabbed I was at the door leading to the taproom, not in the passage, in the bagatelle-room—I came in with the pipe—it was not before Polioni had entered the room—he was in the passage, at the door—I fainted afterwards—I was on the top of Seraphini while he was a-top of Harrington—I last my senses—I was before the Magistrate, and have been bound over to come here—I have not seen the constables lately;. not any of them that I am aware of—I have seen them up here this week.
COURT. Q. You say seraphini was on the top of Harrington? A. He was—I don't know who it was that pulled him off—I lost my senses, and when I looked up I saw him standing there with the two police-constables—I saw a knife in Polioni's right hand when he ran in the room at me—after he had stabbed me I saw him pull the knife out of me—I only saw the blade, as he drew it out of me.
MARIA KING . I am the wife of William King—I now reside at Hackney-wick—at the time of this occurrence I live in Leather lane—on the night of 26th December, I was with my husband at the Golden Anchor public-house—I was in the bagatelle-room, and my husband with me—Michael Harrington was there—before the door was opened there was not Italians in the room—I got up for the purpose of leaving the room; that was from about 6 to half-past—I opened the bagatelle-room door to go out, and as soon as I opened the door I was knocked down—it was Seraphini that knocked me down—I had not known him previously—I saw him here at his trial—he had not entered the room when he knocked me down—I do not know the prisoner's brother (looking at him)—that was not the man that came in first; that was not the man that knocked down—Seraphini was the man that knocked me down when I opened the door—I did not see that man there—I did not see the prisoner there—I was knocked down by Seraphini's fist, and stunned—I saw nothing at all after that.
Cross-examined. Q. There was a great rush was there not, that finished knocking you down? A. I don't know; I was half stunned.
Q. I wish to call your attention to what you have sworn before—"he knocked me backwards; he struck me with his fist; there was a rush just then when I was struck, and partly knocked down by the prisoner"—is that true? A. Yes; I saw no more—there was a rush towards the room—I never saw the prisoner before I saw him at the police-court—I had not seen Polioni before the evening that he struck me—the place was not dark—there was a light from the bagatelle-room showing a good light between the doors—it was quite light; light enough to see anybody distinctly—I had a sufficient time to see Seraphini before he struck the blow—I was taken by surprise, for I did not expect to have a blow—he did not hit me in the forehead; it was on the month—I can't tell with which hand it was.
GEORGE BALDOCK (Police-sergeant G, 1). On 26th December, Polioni was brought to the station by two policemen, named Fawell and Elliott—he was charged in my presence with stabbing Rebbeck—I put some questions to him—(MR. WILLIAMS proposed to ask the witness what the questions were, but MR. JUSTICE BYLES considered the evidence inadmissable)—I took that small knife with a white handle from Polioni—I had this other knife given to me (the one with the broken point)—I was not present when it was found.
Cross-examined. Q. From whom did you receive it? A. From a police-constable—I was not present when he received it—he told me where it came from—that was G 78, McMann—he is not here—the white-handled knife I found in Polioni's pocket—at the time I took it it had no appearance of having been used for days—there were appearances that showed it had not—the other knife has never been made evidence; it was at the police-court and also the constable, but never spoken of—McMann was not examined.
COURT to ALFRED REBBECK. Q. What were the Italians and English quarrelling about? A. I don't know; I believe the first beginning of it was my master turning a man out on the Saturday night.
GUILTY.—Strongly recommended to mercy by the Jury on account of the provocation he received, and the injury done to hit brother. — Five Years' Penal Servitude.