Offence: Killing > murder
Punishment: Death > death and dissection; Death > executed
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(The prisoner being a Portuguese , could not speak English, an Interpreter was sworn.)
John Smith . I live in Nightingal-lane at the Mulberry Garden , a public house. I have known the prisoner about a month. The deceased I have known 3 years. They both lodged in my house: the deceased had for about 4 months. On the 5th of Jan. we had a wine-club; I came home from Gravesend at 7 or thereabouts, the company called me up to take a glass of wine or punch.
Q. What countrymen are you?
Smith. I am a Dutchman. When I was up in the club-room, I heard a scolding above; the prisoner and deceased both lay in a room above the club-room in separate beds. We hearing a disturbance, went up stairs; the man that is killed had his shirt off, the prisoner had his shirt on; the door was open, they had no candle in the room. Christopher Cornelius went in before me with a lanthorn and candle in his hand, we found them both on the bed that the deceased used to lie on: they had each their breeches and stockings on, and no shoes on.
Q. How far distance were their beds from each other?
Smith, About 5 or 6 feet distance. They were fighting together like a couple of bull-dogs. They stuck together, I could not at first get them apart; the prisoner was lying upon the deceased, I had enough to do to get them asunder. The deceased's face was bloody. I took and set the prisoner on his own bed, and the deceased up upon his bed. He directly said, Father, it is not my fault; then he arose up from off his bed and said, O Lord, I am a dead man! and directly his bowels were all coming out on his left side; then I took him down stairs, and sent for a doctor. When we were below, the deceased said, he gave me a stab on purpose. The prisoner was then in the room; he attempted to go away, but was prevented. Mr. Thompson, a surgeon, came in the morning; he said, he is a dead man, his bowels were cut, and he would not meddle with him. Then I took him to the hospital; but before I took him to the hospital, I said to the prisoner, how dare you do such a thing? it will cost you your life. He answered, he was sorry. We got a constable, and delivered the prisoner into his custody. The deceased said to me at the hospital as before, it was done on purpose.
Q. Whether they went up to bed together or separate?
Smith. That I can't tell, I did not see either go to-bed.
Q. In what language did the deceased speak this to you?
Smith. He talked very good English.
Samuel Alder . I am a Surgeon belonging to the London-Hospital. I am a dresser under Mr. George Neale . I remember the deceased being brought in on the 6th of Jan. between 10 and 11. I found a large quantity of his intestines out on the left side. I asked him how that wound happened, whether wilful or by accident? he said, wilful; that a Portuguese had been quarrelling with his friend, and he had taken his friend's part, and it was done with a push. He died in about three quarters of an hour after he was brought in, of that wound. I suppose it was done with a knife.
Kendrick Knust . I was one of the company of the club; we were about to go home a little before 11 o'clock. I was going out of the room, the deceased was then coming down stairs, with the quantity of two handfuls of his bowels hanging out on his left side; the prisoner followed me down, he would have gone past me; I stopped him, and asked him how that came? he said, me have done this, and owned that it was with a knife, and that it lay down by the bed,
Ludor Bade. I went up stairs after Cornelius, and Mr. Smith after me. He confirmed the evidence of Smith.
The prisoner in his defence said, he had fought a Dutchman in the garden that day, and the deceased being his acquaintance, came up to him after he was in bed, and struck him, and pulled him out of bed to make him fight him.
He called Alexander de Silver , who deposed, the deceased went up stairs with Cornelius and Bade, when he had the lanthorn in his hand, that he told the prisoner he was come to fight him; that he went and told Mr. Smith what he was gone up about, and Mr. Smith and he went up, and saw him wounded.
Cornelius and Bade being asked, whether they went up twice or once, declared they went up but once, and then Mr. Smith went with them, and that was some time after the deceased was above.
Emanuel Rotberek Corea deposed, he was a Portuguese priest belonging to the Ambassador; that Desilver and another man fetched him to the deceased, that he gave him the sacrament, that he exhorted him to tell the truth, and not to conceal one act, as he was going out of the world, and if the prisoner had offended him to pardon him, as God would pardon him; that he answer'd, he had no pardon to give, because he deserved ten thousand deaths by being the aggressor in the case; that he himself was the occasion of it, owning he pulled the prisoner out of the bed by the legs, and struck him to make him fight him; that this was in a room in Smith's house, about half an hour after two o'clock.
Guilty . Death .
He received sentence immediately, this being Saturday, to be executed on the Monday following, being the 19th. He was executed accordingly , and his body disected and anatomized.